1985-083-Authorizing Supplemental AgreementRESOLUTION NO. 1985 -83
RESOLUTION AUTHORIZING SUPPLEMENTAL AGREEMENT
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 that agreement entitled
"SUPPLEMENTAL EXTENSION AGREEMENT ", with Angelo Orphan, a copy of which is attached
hereto, and that the Town Manager is authorized, and he is hereby directed, to
execute said agreement in the name and in behalf of the TOWN OF LOS GATOS.
FURTHER RESOLVED, that the Town Clerk is hereby directed to record said
agreement with the County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on 3 day of June 1985 by the
following vote:
AYES: COUNCIL MEMBERS Eric D. Carlson, Terrence J. Daily, Thomas J.
Ferrito, Brent N. Ventura, and Mayor Joanne Benjamin
NOES
ABSTAIN
ABSENT:
ATTEST:
COUNCIL MEMBERS None
COUNCIL MEMBERS
COUNCIL MEMBERS
SIGNED:
None
None
K OF [OWN 0 V S�ATOS
SUPPLEMENTAL AGREEMENT
This Supplemental Agreement made and entered into this _.z day of _,:Lf/ , 1
198, between the TOWN OF LOS GATOS hereinafter called "TOWN" and ANGELO ORPHAN
hereinafter called "DEVELOPER ", whose place of business is 109 PUESTA DEL SOL, LOS
GATOS, CA 95030.
WI TNESSETH:
WHEREAS, the parties hereto, on MAY 6, 1978, entered into a certain agreement, a
copy of which is attached hereto as Exhibit "A ", and which is hereby incorporated
herein by this reference, calling for DEVELOPER to complete, not later than MAY 6,
1979, certain works of improvements at 129 ALPINE AVENUE, Los Gatos, California; and
WHEREAS, the parties hereto are mutually desirous of extending the time for
performance of the work to be done.
NOW, THEREFORE, in consideration of the premises and of TOWN'S agreement to extend
the time for completion of the works of improvement hereinafter described, the
parties agree as follows:
1. All terms and conditions contained in Exhibit "A" are mutually readopted and
agreed to anew with the modifications, changes and amendments referred to herein
below.
2. The work described in Exhibit "A" shall be completed by DEVELOPER not later than
six (6) months from the date of this contract.
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as
of the day and year first above written.
ATTEST: TOWN OF LOS GATOS
OWN CLERK, TOWN OF LOS GA
Dated:
By —
UHViU K. MURA, TOWN MANAGER
Record ed
fi
Dated:
RONALD . LAFI
Town Enoineer
APPROVED AS TO FORM:
ARY
Town Atto y
Dated: c _2_ ce-J)— SS
STATE OF CALIFWNIA ) 55.
COUNTY OF
On -Qt A� 31 / i 6' I , before me, Jthe undersigned, a Notary Public in and for
said State, personally appeared A /✓A �✓OZ la Aa n
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowledged
to me that he /she /they executed the same.
WITNESS my hand and official seal.
Signature -�,. '
SF 4234 (REV .A )182) (CA) (INDIVIDUAL)
.._
_OFFICIAL SliA1....,
JO ANN D 80144HOFF
� y
NCTA, ".Y PU31-I1 C `LIFORNIA
PRINCIPAL OFFICE IN
SANTA CLARA COUNTY sj
My commission
expires April 12, 1988
(This area for official notarial seal)
AGREEMENT
(LAND DEVELOPMENT- RELATED OBLIGATIONS)
THIS AGREEMENT is made and entered into (o 1978,
between the TOWN OF LOS GATOS ( hereinafter called "Town "), a city,
and ANGELO ORPHAN (hereinafter called "Developer "), an individual,
whose place of business is 109 Puesta Del Sol, Los Gatos, and is
made with reference to the following facts:
The Developer in Proceeding No. M -77 -23 has sought permission from
the Town under the provisions of the Town Zoning Irdinance to change
the use of land in the Town. The land is located at 126 Alpine
Avenue. The Town Architecture and Site Committee has granted the
permission, on
finding that approval of
the development
proposal
is
proper if the
obligations referred to in
this agreement
are met
by
the Developer.
THE PARTIES AGREE as follows:
1. At his own expense the Developer will do the curb, gutter,
sidewalk, and driveway improvement work as follows:
A. Replace all existing driveway approaches with standard curb,
gutter and sidewalk.
B. Ihstall three standard driveway approaches on Alpine Avenue.
C. Repair all defective concrete w"rk on the frontage of the
land.
2. Before commencement of any work, and before issuance of any
permit, the Developer will furnish the Town with cash deposits or
bonds:
In the amount of $2,000 to secure the Developer's performance
of all his obligations under this a,reement.
In the amount of $3,000 to secure payment of the claims
of laborers, materialmen and supplierg engaged in or pro-
viding supplies or services for performance of the improve-
ment work described in this agreement.
The form of the bonds will be prescribed by the Town. After final
acceptance of the work, ten percent of each cash deposit will be
retained by the Town or ten percent of the face amount of each bond
will remain in effect for one year to secure performance of the
Developer's obligation to correct any deficiency in the work, to
remedy any other default, and to pay claims of laborers, materialmen
0
and suppliers. The one -year period for ten percent cash retentions
and bond obligations begins on the date of final acceptance, but
this limitation on the security for performance does not shorten any
Lime during which the Town may act to enforce the Developer's
obligations under the terms of this agreement.
3. The Developer will hold harmless and indemnify the town, its
council members, boards and commissions, officers and employees from
any sort of loss, damage or liability, suits, actions and claims,
including cost and expense of defenses and responses, arising from
any occurrence in the Developer's performance of this agreement,
whether or not the occurrence involves the performance of an act
required by the terms of this agreement, omission by the Developer
to perform his obligations under the terms of this agreement or
required by law, or arises from any condition created by the Developer
performance, or exists because of failure to perform this agreement
or any obligations required by law. The Developer's obligations
,nJer this Part 3 exist regardless of the theory of the suit, action
or claim.
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4. At all times during the performance of his obligations
under this aqreement the Developer will carry public liability and
property damage insurance with the following limits of liability:
$250,000 each person
$500,000 each occurrence
$100,000 property damage
with policy provisions acceptable to the Town and will provide the
Town with the insurance carrier's certificate evidencing such cDverage
with a 30 -day notice of cancellation provision.
5. If construction of the improvement is delayed without fault of
the Developer, the Town Council may extend the time for completion of
the construction.
6. In the event of litigation to enforce the terms of this agree-
ment, the prevailing party shall have its costs and reasonable
attorney's fees and expenses.
RECOMMENDED BY:
I� � —
WAR CK
Director of Public Works
TOWN OF LOS GATOS
1
EVELOPER
\
NGELU ORPHAN
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