1982-163-Approving The Agreement With Sund Properties, LTD., The Developers Of Tract 6597RESOLUTION NO. 1982 -163
RESOLUTION APPROVING THE AGREEMU WITH
SUND PROPERTIES, LTD., THE DEVELOPERS OF
TRACT 6597
RESOLVED, by the Town Council of the Town of Los Gatos, County of
Santa Clara, State of California, that the 'TOWN OF LOS GATOS enter into
an agreement entitled, "ATendment to Contract for Improvement of Tract
No. 6597', with Sund Properties, Ltd. the developer of Tract 6597, a copy
of which is attached hereto.
FURTHER RESOLVED, that the Mayor is authorized, and hereby directed
to execute said agreement in the name and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos held on the 7th day of September ,
1982, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, MarLyn
J. Rasmussen, Peter W. Siemens and Mayor Brent N. Ventura
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS 11one
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SIGNED:
MAYOR OF THE TOWN OF LOS GATIOS
ATTEST:
CLERK OF THE TOWN OF LOS GA
AMENDMENT TO CONTRACT
FOR
IMPROVEMENT OF TRACT 40. 6597
This agreement is made between the Town of Los Gatos and Sund Properties, Ltd.
RECITATIONS OF FACT
On February 17, 1981, the Town of Les Gatos (Town, and Sund Properties, Ltd,
(Sund) entered into a subdivision improvement agreement entitled "Contract for
Improvement for Tract No, 6597." The subdivider, Sund, began performance of the
agreement and did a substantial amount of work. The Town and Sund then discovered
that some of the work was improperly done, although it was done according to the
plans and specifications incorporated in the February 2, 1981 contract. The Town
and Sund disagree on the question of who is responsible for the error.
In the course of the examination of the subdivision improvements and plans, the
Town determined that, besides correction of the work that was improperly done, other
changes in the plans were desirable. These changes relate to matters of aesthetics
and engineering choice, and there is no contention that the request for them is
necessitated by any error.
Since the sub-divider's contractor has already completed a major portion of the
work, the changes are a relatively small portion of the job and some of the payment
for them can be in the form of credits for work deleted, it is impractical for
either the Town or the subdivider to obtain competitive bids for the work.
Work on the project ceased while both the correction of the error and possible
other changes in the contract were under review by the Town. On May 3, 1982, the
Town Council granted a nine -month extension to the 12 -month time originally provided
for performance of the subdivision improvement.
AGREEMENT
The Town and Sund agree:
1. The February 17, 1981 Contract for improvement of Tract No. 6597 is
modified to provide that the drawings consisting of 4 sheets entitled "Modifications
to the Intersection of Foster Road /Sund Avenue /Tourney Road", are included in the
plans and the specifications for the work, and that the work done and to be done is
to be modified accordingly.
2. The Town, on satisfactory completion of the work will pay Sund $4,950.
This sum is the result of a calculation taking into account an agreed apportionment
of the cost of correcting the error referred to in the Recitations of Fact and the
cost to the subdivider of making the other changes in the work. The sum of $4,950
represents the full and complete responsibility of the Town and the signers of this
agreement heretofore agree that the Town is released from any and all future
liability.
3. This agreement becomes effective when it has been approved by the Town
Council of the Town.
Dated
— ! Town of Los Gatos
Dated z4zr 2/ z f r�?
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by
Mayor - Brent N. Ventura
SUND PROPERTIES, LTD. �p
by V e
MILDRED K. G iTH,
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