2012-015 - Amending Improvement 15928 Union Ave. Modifications to condition #47 of approved M-08-13RESOLUTION 2012 -015
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING THE AMENDED CONTRACT FOR THE IMPROVEMENT OF 15928
UNION AVENUE AND MODIFICATION TO CONDITION NUMBER 47 OF THE
APPROVED APPLICATION M- 08 -13, ARCHITECTURE AND SITE APPLICATIONS
S- 08 -30, S -09 -33 & S- 09 -34, NEGATIVE DECLARATION ND -09 -02
WHEREAS, an Amended Contract for the Improvement of 15928 Union Avenue and
Modified Condition 47 of applications M- 08 -13, S- 08 -30, S -09 -33 and S- 09 -34, between the
Town of Los Gatos and 217 O'Connor LLC have been reviewed by the Town Council; and
WHEREAS, on August 6, 2010 the Town Council adopted Resolution 2010 -087
approving the subdivision; and
WHEREAS, on December 21, 2010 the Contract for the Improvement of 15928 was
completed and signed by and between the Town and 217 O'Connor LLC.
NOW, THEREFORE, IT IS RESOLVED that the First Amendment to the Contract for
the Improvement at 15928 Union Avenue (Exhibit A) and the modified Condition of Approval
Number 47 (Exhibit B) are hereby approved.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 16 day of April, 2012, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice
NAYS:
ABSENT:
ABSTAIN:
ATTEST: J * 1„ AA1Z -
SIGNED: � o
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT is dated for identification this day
of 2012 and amends that certain CONTRACT FOR THE IMPROVEMENT OF 15928
UNION AVENUE that is being amended dated , made by and between the TOWN OF
LOS GATOS, ( "Town, ") and 217 O'CONNOR, LLC, ( "Subdivider ")
RECITALS
A. Town and Consultant entered into an agreement for CONTRACT FOR THE
IMPROVEMENT OF 152928 UNION AVENUE on December 21, 2010,
( "Agreement "), a copy of which is attached hereto and incorporated by reference as
Attachment 1 to this Amendment.
AMENDMENT
Paragraph 2 "Completion Time" of the Agreement is hereby amended as: SUBDIVIDER
shall construct all of the improvements and do all the work herein above or hereinafter
mentioned, all according to and to the extent and as provided in the PLANS and to meet
all Town Ordinances and the laws of the State of California. Work shall be completed by
December 21, 2012.
2. Paragraph 12 "Certificates of Occupancy" of the Agreement is hereby amended as: The
TOWN will issue two (2) R -3 Certificates of Occupancy for homes to be built within
15928 Union Avenue as stated in the revised Condition number 47 of the final Conditions
of Approval of Resolution 2010 -087.
3. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Subdivider have executed this Amendment.
Town of Los Gatos
LIN
217 O'Connor, LLC
Greg Larson, Town Manager Jeff Grant
Department Approval:
Todd Capurso
Director of Parks and Public Works
Approved as to Form:
Judith J. Propp, Town Attorney
Exhibit B
REVISED CONDITION OF APPROVAL
15928 Union Avenue
Subdivision Application M -08 -13
Architecture and Site Application S -08 -30
Requesting approval to demolish an existing single family residence and to subdivide a .93 acre
parcel into three lots on property zoned R -1:8. No significant environmental impacts have been
identified as a result of this project and a Mitigated Negative Declaration is recommended. APN
527 -42 -008.
PROPERTY OWNER: 217 O'Connor LLC
APPLICANT: Tony Jeans, T.H.I.S. Design
47. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered
civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
permit or the recordation of a map. The improvements must be completed and accepted
per the schedule identified in each sub -item by the Town before a Certificate of
Occupancy for any new building can be issued.
a. Union Avenue. Curb, gutter, sidewalk, street lights, tie -in paving signing, striping,
stonn drainage and sanitary sewers, as required — Improvements must be completed
prior to occupancy of the third and final new residence. Any improvements
(including utility poles, guy wires, etc) on Union Ave shall not extend any further
south on Union than the proposed barricade as shown on the proposed Preliminary
Development Plan dated April 5, 2012.
b. Panorama Way. Curb, gutter, sidewalk, street lights, cul -de -sac, tie -in paving
signing, striping, storm drainage and sanitary sewers, as required — Improvements
must be completed prior to occupancy of the first two new residence.