2010-019-Tract 10041 Final MapRESOLUTION 2010-019
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING FINAL MAP OF TRACT NO, 10041- 371 LOS GATOS BOULEVARD
ACCEPTING THE DEDICATIONS AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE CONTRACT
FOR PUBLIC IMPROVEMENTS
WHEREAS, on July 14, 2009, the Development Review Committee of the Town of Los
Gatos approved the Tentative Map Application M-09-02, with conditions; and
WHEREAS, those conditions required the Owner or Subdivider to do the following:
1. That prior to the delivery of said Map to the Owner of said subdivision, and prior to its
recordation, the Owner or Subdivider of said subdivision shall enter into and execute an
agreement between the Town of Los Gatos and the said Owner or Subdivider on that
certain proposed Subdivision Agreement on file in the Office of the Town Cleric, entitled,
"Contract for the Improvement of Tract No. 10041 - 371 Los Gatos Boulevard", wherein
the Owner or Subdivider in consideration of.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 agreement, all street
and other improvements required of Owner or Subdivider under the provisions in Chapter
27 of the Code of the Town of Los Gatos, and such other street, sewer, or other
improvements designated or mentioned in said agreement and/or .and as specified in the
Plans and Specifications for Tract No. 10041 - 371 Los Gatos Boulevard.
2. That said Owner or Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition precedent to the recordation thereof, furnish to the Town and
file with the Town Clerk cash, or a good and sufficient bond in form to be approved by
the Town Attorney, securing the faithful performance by said Owner or Subdivider of all
work, and the construction of all improvements herein in this agreement mentioned, and
within the time herein specified, the amount of cash or said bond to be One Hundred
Thirty-Three Thousand and No/100 Dollars ($133,000.00).
3. That said Owner or Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition precedent to the recordation thereof, furnish to the Town and
file with the Town Cleric certificates or policies of public liability and property damage
insurance in form satisfactory to the Town Attorney, providing public liability insurance
in the amount of Five Hundred Thousand ($500,000.00) Dollars for each person, and One
Million ($1,000,000.00) Dollars for each accident or occurrence, and property damage
coverage. of Two Hundred Thousand ($200,000.00) Dollars whereby the Town of Los
Gatos, and in their capacity as such, its Council members, 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 subdividing within or outside the said subdivision, and/or
arising or resulting from or concerning the doing or failing to do so by said Owner or
Subdivider of all things required to be done in the above mentioned agreement between
said Owner or Subdivider and the Town of Los Gatos; and
WHEREAS, the Owner or Subdivider has complied with the conditions of Tentative
Map Application M -09-02.
NOW, THEREFORE, BE IT RESOLVED that the certain Final Map of Tract No.
10041 - 371 Los Gatos Boulevard in the Town of Los Gatos, dated January 2010, and prepared
by Civil Engineering Associates for approval by the Town Engineer of the Town of Los Gatos, is
hereby approved.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized to execute
the agreement with the Subdivider and all offers of land for public use therein made on said Map
are hereby accepted.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 16t~'
day of February, 2010 by the following vote:
COUNCIL MEMBERS:
AYES: Joe Pirzynslci, Steve Rice, Barbara Spector, Milce Wasserman, Mayor Diane McNutt
NAYS
ABSENT:
ABSTAIN:
SIGNED:
p~~~ 11~C1U
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA