1973-042 Approving and accepting final map of tract NO. 5333•` ~ RESOLUTION N0. 1973-42
• RESOLUTION APP VI NG .4ND .4C CEP TI NG FINAL MAP 0 RACT N0. .5333
BE IT RESOLVED BY THE TO'•!N COUNCIL OF THE TOIJN.DF LOS GATOS~
That that certain final, map of Tract No. 5333 in the Town of Los Gatos.,
dated April 2, 1973 and prepared by MacKay & Somps, Civil Engineers,
for Bearden Construction Co., Inc.
Owner/s of record of said Subdivision, heretofore approved by the Town Engineer-of
the Town of Los Gatos, is hereby approved, and all offers of land for public use
therein made on said map are hereby accepted subject to the follow ing conditions:
I. That prior to the delivery of said map to the Owner/s of said Sub-
division and prior to its recordation, the Owner/s, or Subdividers of said Sub-'
division shall enter into and execute an Agreement between the Town of Los Gatos
and the said Owner/s or Subdivider/s on that certain proposed Subdi vt sion Agreement
on file in the office of the Town Clerk, entitled, "Contract for the Improvement
of Tract No. 5333 ~+~ wherein the Owner/s or Subdivider/s in consideration Hof the
approval of said map by the Town and acceptance by the Town of the dedication of lands
for public use therein contained., shall agree to construct and complete, within the
time specified in said pg reement, all street and other improvements required of
Ownerls under the provisions of Ordi nance No. 715 of the Town of Los Gatos, and such
other street, sewer or other improvements designated or mentioned in said Agreement
and/or in and as specified In the plans and specifications for Trait No, 5333
2. That said Owner/s or Subdivider/s shall, before the release of said
final map to Owner/s of record, and as a condi tion precedent to the recordation
thereof, furnish to the Town and file with the Town Clerk cash or a good and suffi-
ci ent bond in form to be approved by the Town Attorney, securing the faithful
performance by said Owner/s or Subdivider/5 of all work and the construction of all
improvements herein in this Agreement mentioned and within [he time hereto specified,
the amount of cash or said bond to be Ninety-Eight Thousand and 00/100---------
($ 98,000.00 )•
3• That said Dwner/s or Subdivider/s shall, before the-release of said
fi na l map to Owner/s of record and as a condition precedent to the recordation
thereof, furnish to the Town and file with the Town Clerk certificates or policies
of public liability and property damage insurance in form satisfactory to the Town
Attorney, providing public li.abi lity insurance in the amounts of One Hundred
Thousand Dollars ($f00,000. 00) for each person and Three Hundred Thousand DOtlars
($300,000.00) for each accident or occurrence, ,and property damage coverage of
Fifty Thousand Dollars ($50,000.00), whereby the Town of Los Gatos and in their
capacity as such, its councilmen, officers, boards, commissions, and its employees
will be insured, indemnified and held harmless from any and all claims of any kind
•-
or nature arising or resulting from the construction of said improvements or other
work of subdi vi ding within or outside the said subdivi sior~ and/or arising or result-
ing from or conce rni ng the doing or failing to do so by said Owner/s or Subdivider/s
of all things required to be done in the above-mentioned Agreement between said
Owner/s or Subdivider/s and the Town of Los Gatos.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TObJN COUNCIL OF THE TOWN
OF LOS G.ATOS this 2nd day of April 19 73~ by the following vote:
AYES: COUNCILMEN: Charles E. DeF reitas
Mark B. DiDuca
Egon Jensen
John B. Lochner ~_
Ruth Lannon
NO F_Sr COUNCILMEN: None
ABSENT: COUNCILMEN:
ATTEST; t
C LERK 0 THE TOWN Q,f LOS GATOS
MAYOR OF~THE TDk~N OF`LOS~GA705