08 Staff Report - 17435, 17443 & 17447 Farley Road West~pW N 0
COUNCIL AGENDA REPORT
GA
DATE: May 3, 2006
MEETING DATE: 5115106
ITEM NO.
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: 17435, 17443 & 17447 FARLEY ROAD WEST
ADOPT RESOLUTION ACCEPTING WORK OF BMS SPACE
PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP AT 17435,
17443 & 17447 FARLEY ROAD, AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND
NOTICE OF COMPLETION FOR RECORDING BY CLERK
ADMINISTRATOR
RECOMMENDATION:
Adopt resolution accepting work of BMS Space Partnership, a California general partnership at
17435,17443 & 17447 Farley Road West, and authorizing the Town Manager to execute Certificate
of Acceptance and Notice of Completion for recording by Clerk Administrator.
BACKGROUND:
The developer, BMS Space Partnership, a California general partnership, requested approval to
construct six apartments and a new self storage facility of 58,426 square feet at 17435, 17443 &
17447 Farley Road West. On July 2, 2001, the Town Council approved the Planned Development
Ordinance (Ordinance 2087) and on October 10, 2001, the Planning Commission approved the
Architecture and Site Application. Grading and Encroachment permits were issued in June 2003.
DISCUSSION:
17435,17443 & 17447 Farley Road West development consists of street widening and the associated
curb, gutter, sidewalks, extension of the storm drains, sanitary sewers within Farley Road. All
improvements were within the public street. Because of the extensive amount of work, contracts and
securities were required to construct the improvements in the right-of-way. The improvements were
completed to the Tlirector 's satisfaction in September 2005.
PREPARED BY: OHN E. CURTIS
of Parks and Public Works
Reviewed by: Assistant Town Manager Attorney Clerk Finance
Community Development Revised: 5/3/06 1:29 pm
Reformatted: 5130/02 NAB&E\COUNCIL REPORMAccept Farley Rd-17435.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 17435, 17443 & 17447 FARLEY ROAD WEST
May 3, 2006
ENVIRONMENTAL ASSESSMENT:
This activity is a project as defined under the California Environmental Quality Act (CEQA), but is
ministerial, therefore no further action is required under CEQA.
CONCLUSION:
This project is now ready for full approval and acceptance by the Town.
FISCAL IMPACT:
No direct fiscal impact of the Town of Los Gatos is perceived as a result of this project.
Attachments:
Resolution accepting work of BMS Space Partnership, a California general partnership at 17435,
17443 & 17447 Farley Road West (with Exhibit A - Certificate of Acceptance and Notice of
Completion)
Distribution:
BMS Space Partnership, 21060 Homestead Road, Suite 120, Cupertino, CA 95014-0205
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF
BMS SPACE PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP
AT 17435,17443 & 17447 FARLEY ROAD WEST
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE
AND
NOTICE OF COMPLETION
FOR RECORDING BY TOWN CLERK
WHEREAS, on June 17, 2003, the Parks and Public Works Department of the Town of Los
Gatos issued Encroachment Permit EN02-222; and
WHEREAS, BMS Space Partnership, a California General Partnership has satisfactorily
completed the public improvements consisting of installation of curbs, gutters, sidewalks, tie-in
paving, catch basins, pipes, storm drains, sanitary sewers and street lighting, as required by the
approved plans, and the development is now ready for final approval and acceptance by the Town.
WHEREAS, ten percent of the performance bond provided by BMS Space Partnership shall
remain in place for until September 28, 2007, to guarantee the work; and
WHEREAS, the work done under permit EN02-222 is hereby accepted as complete pursuant
to the plans and specifications approved for the project.
NOW THEREFORE BE IT RESOLVED, that the Town Manager/Executive Director is
authorized and directed to execute the Certificate of Acceptance and Notice of Completion attached
as (Exhibit A) hereto.
BE IT FURTHER RESOLVED, that the Clerk Administrator is directed to transmit this
Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for
recording.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 15'' day of May, 2006 by the following vote.
COUNCIL MEMBERS:
AYES :
NAYS :
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
Recording Requested By:
Town of Los Gatos
When Recorded Mail To:
Clerk Administrator
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
Record without fee pursuant to
Government Code Section 6103
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
17435,17443 & 17447 Farley Road West
TO WHOM IT MAY CONCERN:
We do hereby certify that BMS Space Partnership completed the work 17435, 17443 & 17447
Farley Road West on September 28, 2005. The work generally consists of, including the
construction of curbs, gutters, sidewalks, paving, catch basins, pipes, culverts, storm drains, sanitary
sewers and street lighting.
The work was completed on September 2005, and is commonly known as 17435, 17443 & 17447
Farley Road West.
The Surety on the bond accompanying the contract/agreement is Platte River Insurance Company.
Bond Number: 40063377
Bond Dated: May 15, 2003
TOWN OF LOS GATOS
By:
Director of Parks and Public Works
By:
Town Manager
Exhibit A
I, DEBRA J. FIGONE, the Manager of Town of Los Gatos, have read the foregoing CERTIFICATE
OF ACCEPTANCE AND NOTICE OF COMPLETION and know the contents thereof. The same
is true of my own knowledge, except as to the matters which are therein alleged on information or
belief, and as to those matters I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was
executed on
2006 at Los Gatos, California.
DEBRA J. FIGONE, Town Manager
Town of Los Gatos
RECOMMENDED BY:
John E. Curtis, Director of Parks and Public Works
APPROVED AS TO FORM:
Date:
Date:
Town Attorney
TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGMENT
State of California
County of Santa Clara
On before me, MARLYN RASMUSSEN, Clerk
Administrator, personally appeared DEBRA J. FIGONE, Town Manager, personally known to
me to be the person whose name is subscribed to the within instrument and acknowledged to me that
]
she executed the same in her authorized capacity, and that by her signature on the within instrument
the entity upon behalf of which the person acted, The Town of Los Gatos, executed the instrument.
WITNESS my hand and official seal.
(Clerk Administrator of Los Gatos, California)
CAPACITY CLAIMED BY SIGNER:
Municipal Officer of the Town of Los Gatos
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Certificate of Acceptance and Notice of Completion
17435, 17443 & 17447 Farley Road West
Number of Pages: 2
Date of Document:
Signer(s) Other than Named Above: Orry Korb, Town Attorney
John E. Curtis, Director of Parks and Public Works