1986-015-Authorizing Execution Of The Sidewalk/Landscape/Tree Maintenance AgreementRESOLUTION NO. 1986 -15
RESOLUTION AUTHORIZING EXECUTION OF THE
SIDEWALK /LANDSCAPE /TREE MAINTENANCE 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
"SIDEWALK/LANDSCAPE/TREE MAINTENANCE ", with Dawson /Miller Development Co., 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.
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 21st day of January , 198 6 by the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J.
Ferrito, Brent N. Ventura, and Mayor Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN:
ABSENT:
ATTEST:
COUNCIL MEMBERS
COUNCIL MEMBERS
None
None
SIGNED: /:s
CLERK IHE WN -OF LO SOS
Recording Requested By:
Town of Los Gatos
When Recorded Mail To:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, California 95031
NO FEE (Government Code Section 6103)
AGREEMENT
(SIDEWALK /LANDSCAPE /TREE MAINTENANCE)
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,
hereinafter called "TOWN ", a city, and Dawson /Miller Development Co. hereinafter
called "OWNER ", whose address is 4916 E1 Camino Real, Suite 220, Los Altos, CA 94022
and is made with reference to the following facts:
(a) The land referred to in this Agreement is located at 52 North Santa Cruz
Avenue, Los Gatos, California, and described in the attached Exhibit "A"
and for brevity is referred to as "LAND ".
(b) OWNER has in Proceeding No. S -80 -1028 has sought permission from the TOWN
under the provisions of the Town Zoning Ordinance to change the use of land
in the TOWN. The TOWN Planning Commission has granted the permission, on
finding that approval of the development proposal is proper if the sidewalk
to be constructed and the landscaping and trees to be planted in the area
shown on Exhibits "B" and "C" are maintained by OWNER.
(c) OWNER has agreed in that certain agreement entitled Land Development
Related Obligations and Easement Abandonment to do the street, drainage,
curb, gutter, special Villa Hermosa theme sidewalk, and street tree
improvement work shown on, and in conformity with, the Plans and
Specifications, and the Disabled Access Regulations of the State Building
Code, Title 24 and to complete the work prior to Use and Occupancy
clearance.
The Plans and Specifications as on file in the Office of the Town Engineer
are composed of:
Drawings
Sheets numbered 1 and 2
Prepared by Hoskins Engineers, Inc.
Dated 11/26/85 and
Sheet No.1
Prepared by Integrated Design Group
Dated 11/26/85
(d) Owner has agreed in that certain agreement entitled Land Development
Related Obligations and Easement Abandonment to allow the TOWN at its
expense to abandon the sidewalk easement previously dedicated along the
North Santa Cruz Avenue and Elm Street frontages described on Exhibit "A"
and shown on Exhibit "B" attached to said agreement.
The parties hereto agrees as follows:
1. TOWN grants approval of the work referred to in paragraph (b) above.
2. OWNER agrees to protect and maintain the landscaping and trees to be planted in
the area shown on Exhibit "B ", and maintain the sidewalk shown on Exhibit "C" in
a safe and clean condition, and guarantees that said landscaping and trees will
be in a healthy condition at all times during the term of this agreement which
shall be defined as follows:
a. The term of this agreement shall be in perpetuity from the date of the
Notice of Completion for the work described in paragraph (c) above.
b. If during the term of this agreement the Director of Parks, Forestry
and Maintenance Services determines that the landscaping and /or trees
are not in a healthy condition, the landscaping and /or trees will be
replanted and subsequently maintained subject to the same terms as
described above including replacement and subsequent maintenance.
C. As used in paragraph (b) above replacement shall mean replacement in
kind of any unhealthy landscaping or trees as determined by the
Director of Parks, Forestry and Maintenance Services. His
determination shall be final.
d. If during the term of this agreement the Town Engineer determines that
the sidewalk is not being maintained in a safe and clean condition,
the OWNER shall within 72 hours of receiving notice from the Town
Engineer have repaired said safety hazard or have cleaned said
improperly maintained sidewalk area, to the satisfaction of the Town
Engineer. His determination shall be final.
3. Any determination by the Director of Parks, Forestry and Maintenance
Services that the landscaping or trees to be planted in the area shown on
Exhibit "B" are not in a healthy condition shall be made in writing and
sent by regular mail to the OWNER address as described above.
4. Any determination by the Town Engineer that the sidewalk to be constructed
in the area shown on Exhibit "C" is not in a safe or clean condition shall
be made in writing and sent by regular mail to the OWNER'S address as
described above.
5. Failure to respond within 30 days to the notice described herein shall be
sufficient cause for the Town to have the maintenance work described in
this agreement to be performed with the cost of said work becoming a lien
against the LAND.
6. This Agreement shall be recorded, shall run with the LAND and shall bind
the OWNER and his heirs, successors in interest, and assigns.
7. 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.
Date:
ATTEST:
Date:
APPROVED AS TO FORM:
Date: I- "3 j-- CA,
RECOMMENDED FOR APPROVAL:
Date: .- -I?/'— °
TOWN ULM
OWNER
DAWSON MILLER DEVELOPMENT CO
CORPORATION AS A PARTNER OF A PARTNERSHIP
STATE OF CALIFORNIA, COUNTY OF SANTA CLARA ss.
ON JA )J•I S,1914 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR
SAID STATE, PERSONALLY APPEARED WAYNE H. MILLER KNOWN TO ME TO BE THE PRESIDENT OF
THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND KNOWN TO ME TO BE THE PERSONS
WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION, SAID CORPORATION BEING
KNOWN TO ME TO BE ONE OF THE GENERAL:'PARTNERS OF THE PARTNERHSHIP THAT EXECUTED THE WITHIN
INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME AS SUCH PARTNER
AND THAT SUCH PARTNERHSIP EXECUTED THE SAME.
WITNESS BY HAND AND OFFICIAL` SEAL.
�nnnnmm�nnenuueuuuunnnnnnuunnr -
OFFICIAL SEAL
BARBARA MURPHY
NOTARY PUBLIC — CALIFORNIA 7
y COUNTY OF SANTA CLARA
Comm. Exp. Feb. 14, 1987 Z
�In[[ r[[ eFnn[ e11111een1 [IIFInnllnnn1On11111111Z
All that property situate in the Town of Los Gatos, County of Santa Clara, State of
California, being more particularly described as follows:
That certain parcel shown on that Record of Survey filed for record on
December 7, 1984 in Book 536 of Maps at Page 51 Santa Clara County Records.
APN: 529 -03 -035
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