1982-208-Granting Appeal From Planning Commission And Approving Time Extension With Additional ConditionsRESOLUTION N0, 1982 -203
RESOLUTION GRANTING APPEAL FROM PLANNING MVISSION AND
APPROVING TIME EXTENSION WITH ADDITIO14AL CONDITIONS
(1\14 Corner of Church and Main - Steinbock, et al.)
1. Dr. and Mrs. Robert O'Neill and others have appealed a decision of
the Planning Commission, as follows: approval of a time extension for
architecture and site application S- 79 -20E; and
2. A public hearing was held by the Town Council on November 1, 1982;
IT IS HEREBY RESOLVED:
1. The Tom Council hereby finds as follows:
a. The Planning Commission erred in not considering the full implica-
tions of past negotiations between the applicant and the neighboring condominium
b. Recognition of these past negotiations requires that additional
conditions be attached to the extension, guaranteeing that the applicant will
comply with past promises.
2. Based on the foregoing findings, the appeal is hereby granted, and the
time extension is approved, with the following conditions in addition to those
imposed by the Planning Commission: within 30 days from this approval, the
applicant shall enter into an agreement with the Town, to be drafted by the
applicant subject to the approval of the Town Attorney, in which the applicant
shall agree, in consideration for the granting of this approval, and on behalf
of himself and his successors, as follows:
a. The fountain on the property shall be maintained in good order at
all times, and shall be kept clean and in operation. from 9:00 a.m. to 9:00 p.m.
every day.
b. The lights on the plaza and fountain shall be maintained in good
order at all times, and shall be kept on at all times during hours of darkness.
c. The landscaping on the premises shall be maintained in first -class
condition, subject to the approval of the Town Superintendent of Parks and
Forestry.
d. The Town may enforce the foregoing promises by seeking an injunction,
and in any such litigation the prevailing party shall be entitled to attorney's
fees.
e. The agreement shall also be recorded.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN
COUNCIL OF THE TOWN OF LOS GATOS THIS 15th day of November
1982, by the following votes:
AYES: COUNCILMMERS Joanne Benjamin, Terrence J. Daily.
Thomas J. Ferrito, MarLyn J. Rasmussen and Mayor
Brent N
NOES: COUNCIIN - IBERS None
ABSTAIN: COUNCII4EMBERS
ABSENT: COUNCITMFMRFRS
SIGNED: rr
Mayor of the Tam of Los Gatos
ATTEST:
Cle�i the Town of Losatos
WA
AGREEMENT
This agreement is entered into this -day of November,
1982, by and between the TOWN OF LOS GATOS, a Municipal
Corporation, hereinafter referred to as "The Town" and
STEINBOCK AND HOFMANN and KAMIL NAVAI and NADAREH NAVAI,
hereinafter referred to as "Owners
PREAMBLE
WHEREAS, Owners are the owner of real property located
at the corner of Church and Main Streets, more fully described
on Exhibit "A ", hereinafter referred to as "The Property,
WHEREAS, Owners have heretofore made an application for
approval of the time extension for Architecture and Site
Application S- 79 -20E and,
WHEREAS, said application was appealed to the Town
Council on November 1, 1982 and,
WHEREAS, as a condition of such approval, the terms of
this agreement were required to be entered into by the Town
Council,
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. In consideration of the Town's approval of the
extension of Architecture and Site Application S- 79 -20E,
through December 10, 1983, Owners agree as follows:
a. The fountain on The Property shall be kept
clean and in operation from 9:00 a.m. to 9:00 p.m. every
day.
b. The lights on the plaza and fountain shall be
maintained in operating condition and kept on at all times
during hours of darkness.
C. The landscaping on the premises shall be
maintained in first class condition to the satisfaction of
the Town Supervisor of Parks and Forestry.
2. The parties agree that in addition to such other
remedies as The Town may seek, The Town may enforce the
foregoing agreement by seeking an injunction.
3. If any action is required to enforce any provision
of this agreement, the prevailing party in any such action
shall be entitled to reasonable attorneys' fees.
4. This agreement shall be recorded, shall run with
the land and shall bind Owners and successors in interest.
DATE: >j g y STEINBOCK A MANN
By.
DAVID J. HOFMAN
DATE: �i1Z '� ✓✓
KAMIL NAVAI
DATE: it4 .k /W` Ileyyi/
NADAREH NAVAI —
By: ;: "art r72•, >�`
KAMIL NAVAI, Attorney in fact
DATE: / / TOWN OF LOS GATOS
A Municipal �Co�tion
By:
TOWN MANAGE ' J)AlliO k. 1%ko}
APPROVED''
IIOWN ATTORNEY' �
-2-
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On November23, 1982, before me, the undersigned, a
Notary Public in and for said State, personally appeared
DAVID J. HOFMANN, known to me to be one of the partners
of the partnership that executed the within instrument,
and acknowledged to me that such partnership executed the
same.
! SweeasneeESQhnssxseeeaassereesse >ns±sxe;[QSnee�e;t ;AS!a
WITNESS my hand
and official seal.
0FFICIAI 3/�6A61
'KE2eNOR L. MOVVELh,1
NOTARY ?J9.IC CALIfOMA
—
a
• \�l
`
CnuN1'Y OT SANTA CURA
F ". t ° "` ae, rss
Notary Public in
and for said State
Q SY10h14a A? W �!N'Q IQSMII
lJ?t1RlIIitHF \Ri1!1 tt ;V q 5fi3;$
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On November 1982, before me, the undersigned, a
Notary Public in and for said State, personally appeared
KAMIL NAVAI, known to me to be the person whose name
subscribed to the within instrument and acknowledged that
he executed the .same.
WITNES my an and official seal.
r ra:�s�caass. {ac�ta�,« are xm�.�rsasslarus� L
,��" i � °� rxreenr
Notary Public in and for said Stag y � coursrr of SAUTh
.�F } Comm. Fzp.
. .... Sept 23, 1935
['Seaevee. _..
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On November, 1982, before me, the undersigned, a
Notary Public in and for said State, personally appeared
KAMIL NAVAI, known to me to be the person whose name is
subscribed to the within instrument, as the attorney in
fact of NADAREH NAVAI, and acknowledged to me that he
subscribed the name of NADAREH NAVAI thereto as principal
and his own name as attorney in fact.
WITNESS my hand and official seal. /
"saws &WEAR.
x a
� 01 A. vi
Notary Public in and for said State r °`r _
a.
EXHIBIT
Kcal prop,!rc :.itu::tcd in the Town of Los Gatos, County of Santa Clara,
State A California, described as follows:
PARCEL
Parcel A, Tract 6700 as shown on a Map recorded November 16, 1979, in
Book 454, page 1 of Pups, Records of Santa Clara County.
EXCEPTING
THEREFROM the underground water rights conveyed to San Jose Water
'.forks by Deed recorded February 13, 1980 in Book F136, page 602 of Official
Records.
PARCEL TWO:
Righcs and casements as contained in that certain Reciprocal Eascmcnt
Agreement recorded November 7, 1979 in Book E926, page 418 and re— recorded
Novembe j r 16, 1979 in Book E951, page 32, both of Official Records.
PARCEL THREE:
Rights and casements as contained in that certain Reciprocal Parking
Agreement recorded November 7, 1979 in Book E926, page 415 and re— recorded
November 16, 1979 in Book E951, page 28, both of Official Records.
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