2011-043 - Corrected Approving final map of Tract No. 10012 - the Preserve at Ross CreekRESOLUTION 2011 -043
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING FINAL MAP OF TRACT NO. 10012 — THE PRESERVE AT ROSS CREEK
ACCEPTING THE DEDICATIONS AND
AUTHORIZING THE TOWN MANAGER TO SIGN THE CONTRACT
(CORRECTED — CLERICAL ERROR)
WHEREAS, on October 19, 2010, the Development Review Committee of the Town of
Los Gatos approved the Tentative Map Application M -10 -008, 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 Clerk, entitled,
"Contract for the Improvement of Tract No. 10012 — The Preserve at Ross Creek ",
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. 10012 — The Preserve at Ross
Creek,
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 Cleric 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 Twenty Thousand
and No /100 Dollars ($20,000.00).
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 Clerk 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.
WHEREAS, the Owner or Subdivider has complied with the conditions of Tentative Map
Application M -10 -008.
NOW, THEREFORE, IT IS RESOLVED that the certain Final Map of Tract No. 10012
— The Preserve at Ross Creek in the Town of Los Gatos, dated February 2011, and prepared by
Westfall Engineers, Inc. for approval by the Town Engineer of the Town of Los Gatos, is hereby
approved; 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 20"' day
of June, 2011 by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzynski
NAYS:
ABSENT:
ABSTAIN:
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SIGNED
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: Wahlw L
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA