2004-136-Authorizing The Town Manager To Enter Into An Agreement Between The Town Of Los Gatos And La Rinconada Country For Curb Gutter Sidewalk And Storm Drain Improvements Along Wedgewood AvenueRESOLUTION 2004-136
RESOLUTION OF THE TOWN COiTNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER
TO ENTER-INTO AN AGREEMENT
BETWEEN THE TOWN OF LOS GATOS
AND LA RTNCONADA COUNTRY
FOR CURB, GUTTER, SIDEWALK, AND STORM !DRAIN
IMPROVEMENTS ALONG WEDGEWOOD AVENUE
WHEREAS, on 'September 7, 2004, the Town 'Council adopted Resolution 2004-115
denying appeal of the Planning Commission's decision to approve a requestto expand membership,
provide outside seating for the restaurant and snack shop, and to demolish an existing pro-shop to
add onto, construct new outbuildings, expand and upgrade landscaping :and parking. facilities, .and
to remodel and add onto an existing club house; and
WHEREAS, The .applicant's project consists of an addition of 3,700 square-feet of
structure on their 125 acre site; and
WHEREAS, it is in the best interest of the Town of Los Gatos to.enter into an agreement
with the La Rinconada Country Club for curb, gutter, sidewalk, and storm drain improvements along
Wedgewood Avenue; and
WHEREAS, the Town of Los Gatos is willing to pay for the .design and construction of
storm drain improvements on Wedgewood Avenue.; and
WHEREAS, the Town Council has reviewed the .agreement between the Town of Los
Gatos and the La .Rinconada Country Club attached as (Exhibit A).
NOW, THEREFORE, BE IT RESOLVED THAT the Town Council hereby approves.
the Agreement between the Town and the La Rinconada Country Club.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 15'h day of November, 2004 by the following vote:
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AOR.~EMEI~TT TO CO~T~TRIUCT C~U1tI3, OUT'TElft,
~~D~'W.A.L,I[~, AID STOP DRAII~T O~1 WED~E'4~OOD A°VEl~UE
14595 Cl~a~view Dave, Las Gatos, ~alifornata
A.P.N. 409-29-018
This Agreement (the "AGREEMENT") is made and entered into as of this
day of , 2004 by and among the Town of Los Gatos,. a municipal corporation,
County of Santa Clara, State of California (the "TOWN") and La Rinconada Golf Club, Ina. {the
"LESSEE").
RECITALS
A. Maxine L. Nevin, Trustee (the "OWNER"), residing at .1.114. Calle Venezia, San
Clemente, California 92672, owns that certain real property located at 14595 Clearvew
Drive, Los Gatos, California. The Owner entered into a 99 year lease with the La
Rinconada Golf Club, Inc. {the "LESSEE") on November 7, 1952. The lease
commencement date was October 1'S`, 1952.
B. The'Town Council adoptedResalution 2004-115 on September 7, 2004 denying appeal
of the Planning Commission decision approving a request to expand membership,
provide outside seating for the restaurant :and snack shop and to demolish an existing
pro-shop, to .add onto and construct new outbuildings, expand and upgrade landscaping
and parking facilities and to remodel and add onto an existing club house (Architecture
and Site Application: 5-04-026 and Conditional Use Permit: U-04-99).
C. Condition No. 30 of the Conditions of Approval for the Architecture and Site
Application contained in .Resolution :2004-115 requires the LESSEE to enter into an
agreement with the TOWN prior to issuance of a building permit.
NOW, THEREFORE, in consideration ofthe mutual promises apd agreements set .forth
below, the parties hereto agree as follows:
A.GREElYIE~TT
1. PUBLIC .IMPROVEMENTS. The following improvements shall be installed by the
LESSEE. Plans for those improvements shall be preparedbya California registered civil
engineer, reviewed and approved by the TOWN, and guaranteedby Faithful Performance
.Security and Labor & Materials Security, as specified below, p~~ior to issuance of an
encroachment permit. The improvements must be completed and accepted by the
TOWN within 6 months of issuance of a Certificate of Occupancy for any new or
remodeled buildings.
2.
A. Wedgewood Avenue: Curb, gutter, sidewalk, curb-ramps, tie-in paving, sighing,
and striping on the south side of Wedgewood Avenue to provide a 15-foot half
street paved width between Mulbeny and Wimbledon.
Exh9bit: /~
(~ ~ _
3. PUBLIC STORM.DRA]N. The LESSEE shall contract out the designand construction
of public storm drain between Mulberry Drive anti Wimbledon .Drive. The TOWN will
reimburse the LES SEE far storm drain topography and design up to a maximum amount
of$13,?S0, far constiuction up to a maximuxn amount of $1 b0,000, and for construction
engineering/surveying up to a maximum amount of $2,500. In no event wild the LESSEE
be responsible far funding public stoi~n drain improvements or design. The public storm
drain shall be constructed concurrently with the Wedgewood Avenue curb, gutter and
sidewalk. The design shall conform to the following general scope of work:
a) Provide .construction signage and Traffic control. One way traffic must be
kept open aT all times.
b) Clear and gnib the site.
c) Trirn trees as needed for the construction of the project.
d) Any trees that are to be removed per Town Arborist will be removed by
Town crews.
e) Furtllsh'and install 1,SOO LF of 18" IHDPE.storm drain pipe (tlie pipe will
be placed approximately in a trench which is currently an open ditch).
Connect this pipe To the existing manhole on Wedgewood Avenue .near
Wimbledon Drive. No headwalls and junction stilictures will be built in
This project.
f) Furnish .and install 4 Catch Basins per Town Standard plan # 303 along
the back of the new sidewalk.
g) Furnish and insta114 :Standard Curb inlets per Town Standard plan # 301
along the new curb line.
h) Contractor shall furnish Labor, Materials, and performance bonds far
storm drain components ofthe project.
i) .Install 1,500 Lf of Concrete Curb & Gutter per Town Standard plan # 210.
h) Install 1,500 LF of Concrete Sidewalk (5' wide) per Town Standard ;plan
# 216.
j) Widen WedgewoodAvenue along the Country Club frontage as stated on
the above project limits to achieve a 15' widetraveled lane from center line
to lip of gutter. The pavement section for this widening shall be a
minimum of 3" AC over 6" AB.
k) Any striping wi11 be done by the Town and is not included in this ,scope of
work.
4. REIMBURSEMENT. The TOWN` shall reimburse the LESSEE for construction of the
Wedgewood public storm drain within 60 days after the acceptance of the project by the
Town.
5. ARBORIST. The TOWN will provide arbarist services and special details needed to
mitigate tree impacts.
6. PUBLIC TREE REMOVAL. The TOWN will xemove trees within the public right of
way as needed to construct the pubic storm drain and sidewalk. The LESSEE is
responsible for other tree removals. The Town will waive tree removal permit fees for
trees removed to accommodate the public improvements.
7. DEDICATIONS. T'he LESSEE shall dedicate a public access easement as required to
encompass the Wedgewood Avenue sidewall~. The easement shall be recorded prior to
release of public improvement security bonds.
8. WEDGEWOOD AVENUE .DRIVEWAY. The LESSEE shall widen .and re-align the
driveway on Wedgewood Avenue near Mulberry Drive .and recess the gate a minimum
distance of 25-feet from the Wedgewoad right of way to facilitate truck movements into
and out ofthe site. Driveway modifications may require relocation to align the driveway
with Mulberry Drive. Tl1e developer shall demonstrate that the new dr7veway
configuration can accommodate a transfer truck and a WB-50 truck. The driveway
modifications shall be completed within 6 months of issuance of a Certificate of
Occupancy.
9. INTTIAI., PUBLIC IMPROVEMENT SECURITY. The LESSEE or his contractor.shall
supply suitable securities for all public improvements that are a part of the development
in a form acceptable to the Town in the amount of $80,000 (perfarnnance) and $80,000
(labor and material) prior to issuance of,a cerCificate of occupancy. The public storm
drain to be funded by the Town shall notbe included in this security. The LESSEE shall
provide two (2) copies of documents ver7fying the cost ofthe public improvements to the
satisfaction of the .Engineering Division of the Parlcs and Public Works Department.
10. SUBSEQUENT PUBLIC IlVIPROVEMEN'~ SECURITY. The contractor shall supply
suitable securities for the Town funded storm drain in a form .acceptable to the Town in
the amount of $80,000 (performance) and $80,000 (labor and material) prior to issuance
of an encroachment permit, The LESSEE'S contractor shall provide two (2) copies of
dacuznents verifying the cost of the public improvements to the satisfaction of the
Engineering Division of the Parks and Public Works Department.
l 1. ANNEXATION. The .LESSEE shall annex parcel 40~-29-018 within 6 months of
issuance of a certificate of occupancy,
1~. TRAFFIC CONTROL. The LESSEE shall contract the ~woxk such that two way traffic
will be maintained on Wedgewood Avenue at all times. A. single lane may be closed
during work hours if safe traffic control is provided to allow alternating. one way traffic
through the work zone.
13. BID PROCESS. The LESSEE shall obtain eornpeting bids from three mutually agreeable
contractors. The TOWN and LESSEE shall review the bids and the selection shall be
mutually agreeable. The Town's requirements of prevailing wages shall apply to :all
construction work that will take place for Town .funded storm drain improvements.
IN Wl'TNESS WHEREOF, the parties hereto have executed this Agreement as of the date
set forth above.
TOWN OF LDS GATOS, BY:
L~ss~~, BY:
Debra J~. Figone, Town Manager
Recommended by:
John Curtis, Director Parks and Public Works
Rick Forney, General Manager
La Rinconada Golf Club, Inc,
.ATTEST:
Approved as to Form:
Orry I'. Korb, Town Attorney
Marlyn J, Rasmussen, CMC
Clerk Administrator
Town of Los Gatos