1985-150-Authorizing Agreement For Participation In The Installation Of A Traffic Signal At The Intersection Of Lark Avenue And Oka RoadRESOLUTION NO. 1985-150
RESOLUTION AUTHORIZING AGREEMENT FOR PARTICIPATION IN THE
INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF
LARK AVENUE AND OKA ROAD
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
"AGREEMENT FOR PARTICIPATION IN THE INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF LARK AVENUE AND OKA ROAD", with the Jewish Community Center of
Greater San Jose, a copy of which is attached hereto, and that the Mayor is
authorized, and he is hereby directed, to execute said agreement in the name and in
behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a ---L291lay— meeting of the Town Council of the Town
of Los Gatos held on 21st day of October —, 1985 by the
followinq vote:
AYES: COUNCIL MEMBERS Eric D. Carlson, Terrence J. Daily, Thomas J.
Ferrito, Brent N. Ventura, and Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS None
SIGNED:
ATTEST:
CLERK OF THE-TOWN OF LOS Gr
AGREEMENT FOR PARTICIPATION IN THE INSTALLATION
OF A TRAFFIC SIGNAL AT THE INTERSECTION OF
LARK AVENUE AND OKA ROAD
This agreement is made and entered into, effective upon the last date this
document is signed by the parties hereto, by and between the TOWN OF LOS GATOS, a
hereinafter called "TOWN ", a city, and The Jewish Community Center of Greater San
Jose, hereinafter called "DEVELOPER ", whose current business address is 14855 Oka
Road, Los Gatos, California 95030, and is made with reference to the following
facts. The DEVELOPER has sought permission from the TOWN under the provisions of
the Town Zoning Ordinance to change the use of land in the TOWN for a community
center. The land is located at 14855 Oka Road, Los Gatos, California.
The Town Planning Commission 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. The TOWN shall, prenare plans and specifications for the construction of
traffic signals at the intersection of Lark Avenue and Oka Road.
2. The TOWN shall advertise for sealed competitive bids for the work and shall
award a contract to the lowest responsible bidder.
3. Within 10 days of the award of the construction contract for the traffic
signals, the DEVELOPER agrees to submit a cash payment to the TOWN in the
amount of 34% of the bid amount for the traffic signals, and an additional
10% of said amount for engineering expenses.
4. The TOWN shall complete the construction of said signal improvements within
five years from the date of issuance of the Building Permit for the Jewish
Community Center.
5. With this agreement, the DEVELOPER is furnishing the TOWN a cash deposit in
the amount of $34,000.00 to secure the DEVELOPER'S performance of all his
obligations under this agreement. After the cash payment, as outlined in
Paragraph 3, is rendered to the TOWN obligations of DEVELOPER pursuant to
this agreement, shall be considered as complete and the cash deposit will
be released by the TOWN.
6. In the event of litigation to enforce the terms of this agreement, the
prevailing party shall have its costs and reasonable attorney's fees and
expenses. Interest on the total amount of any money damages, liquidated or
unliquidated at the time of filing of such action will run from the date of
filing at the yearly rate of nine (9 %) percent. The $34,000.00 amount of
the cash deposit is not a limit on the DEVELOPER'S liability, as specified
in Part 3 of this agreement.
7. The DEVELOPER'S liability under the terms of this agreement shall be
limited to 34% of the lowest responsible bid for the traffic signal at Lark
Avenue and Oka Road and 10% of said amount for engineering expenses.
ATTEST: TOWN:
TTWW CLERK, TOWN S GATOSf
Date°
APPROVED AS TO FORM:
W, ,. �.
Dated: ,, /-r' ,
RECOMMENDED BY:
Town Engineer
r
Dated: L/ —/ 7, g S
By
%J MAYOR
Date: /l- f ~G'5�
DEVELOPER:
JEWISH COMMUNITY CENTER OF GREATER SAN
JOSE
By:
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