2020-036 - Authorize the TM to Execute the N40 In Lieu Traffic Fee Credit Agreement, N40 TDM Agreement (Bellaterra), N40 TDM (Market Hall)RESOLUTION 2020-036
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE NORTH 40 IN LIEU
TRAFFIC FEE CREDIT AGREEMENT, NORTH 40 TRANSPORTATION DEMAND
MANAGEMENT AGREEMENT (BELLATERRA) AND NORTH 40 TRANSPORTATION
DEMAND MANAGEMENT AGREEMENT (MARKET HALL), IN SUBSTANTIAL
CONFORMANCE WITH THE CONDITIONS OF APPROVAL AND SUBJECT TO FINAL
TOWN ATTORNEY APPROVAL
WHEREAS, on August 1, 2017, the Town Council of the Town of Los Gatos approved the
Architecture and Site Application S-13-090 and Vesting Tentative Map Application M-13-014,
with conditions; and
WHEREAS, those conditions required the Owner or Subdivider to do the following:
1. That the Owner or Subdivider shall enter into and execute an agreement
between the Town of Los Gatos and the said Owner or Subdivider on that certain
proposed in lieu traffic fee credit agreement ("Credit Agreement") on file in the
Office of the Town Clerk, entitled, "North 40 In Lieu Traffic Fee Credit
Agreement", wherein the Town and the Owner or Subdivider shall agree to
reimburse the construction costs for eligible off -site improvements per the
Town's traffic mitigation fee policy.
2. That the Owner or Subdivider shall enter into and execute an agreement
between the Town of Los Gatos and the said Owner or Subdivider on that certain
proposed traffic demand management agreement ("Bellaterra TDM Agreement")
on file in the Office of the Town Clerk, entitled, "North 40 Traffic Demand
Management Agreement (Bellaterra)", wherein the Owner or Subdivider shall
prepare a Transportation Demand Management (TDM) Plan for the residential
and commercial uses for Town approval, within which a minimum of those
measures identified in the Specific Plan shall be included.
3. That the Owner or Subdivider shall enter into and execute an agreement
between the Town of Los Gatos and the said Owner or Subdivider on that certain
proposed traffic demand management agreement ("Market Hall TDM
Agreement") on file in the Office of the Town Clerk, entitled, "North 40 Traffic
Demand Management Agreement (Market Hall)", wherein the Owner or
Subdivider shall prepare a Transportation Demand Management (TDM) Plan for
the residential and commercial uses for Town approval, within which a minimum
of those measures identified in the Specific Plan shall be included; and
WHEREAS, the Owner or Subdivider has complied with the conditions of Architecture
and Site Application S-13-090 and Vesting Tentative Map Application M-13-014; and
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Resolution 2020-036 August 18, 2020
NOW, THEREFORE, BE IT RESOLVED that the Town Manager is hereby authorized to
execute the North 40 In Lieu Traffic Fee Credit Agreement, North 40 Traffic Demand
Management Agreement (Bellaterra) and North 40 Traffic Demand Management Agreement
(Market Hall), in substantial conformance to the Conditions of approval as set forth above and
subject to final Town Attorney approval.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held
on the 18t" day of August 2020, by the following vote:
COUNCIL MEMBERS:
AYES: Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
C\OK,�
TOWN CLERK OF T1IE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ce/ oZ(.O/(Z).*C.)
2 of 2
SIGNED:
MAYOR 0 THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
Resolution 2020-036
August 18, 2020