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1978-175-Approving And Accepting Final Map Of Tract No. 6260 (Amended)RESOLUTION NO. 1978 -175 RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 6260 (AMENDED) BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS: That that certain Final Map of .Tract No. 6260 (Amended) in the Town of Los Gatos, dated September 19, 1978, and prepared by PAUL NOWACK & ASSOCIATES for HARRINGTON- KULAKOFF DEVELOPMENT CO., Owners 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 following conditions: 1. That prior to the delivery of said Map to the Owners of said Subdivision and prior to its recordation, the Owners, or Subdividers of said Subdivision shall. enter into and execute an agreement between the Town of Los Gatos and the said Owners or Subdividers on that certain proposed Subdivision Agreement on file in the office of the Town Clerk, entitled, "Contract for the Improvement of Tract No. 5260 (Amended) ", wherein the Owners or Subdividers 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 Owners under the provisions of Ordinance No. 715 of the Town of Los Gatos, aid 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 Tract No. 6260 (Amended). 2. That said Owners or Subdividers shall, before the release of said Final. Map to Owners 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 Owners or Subdividers 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 EIGHTY -FIVE THOUSAND ($85,000.00) DOLLARS. 3. That said Owners or Subdividers shall, before the release of said Final Map to Owners 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 amounts of Two Hundred Fifty Thousand ($250,000) Dollars for each person and Five Hundred Thousand ($500,000) Dollars for each accident or occurrence, and property damage coverage of One Hundred Thousand ($100,000) Dollars 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 subdividing within or outside the said subdivision and /or arising or resulting from or concerning the doing or failing to do so by said Owners or Subdividers of all things required to be done in the above - mentioned agreement between said Owners or Subdividers and the Town of Los Gatos. BE IT FURTHER RESOLVED, that the TOWN OF LOS GATOS enter into that agreement entitled "Supplemental Agreement" with DON J. AVILA, GAY LYNNE AVILA, ROBERT JAMES CLAUS, KAREN E. CLAUS, HOWARD RUTH, JR. and MARTHA ANN RUTH (AVILA), a copy of which is attached hereto, and that the Mayor is authorized and she is hereby directed to execute said agreement in the -2- name and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a requiar meeting of the Town Council of the Town of Los Gatos this 6th day of November 19789 by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, Peter W. Siemens and Mardi Gualtieri NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS John R. Lochner SIGNED: ATTEST: CLERK 0.>JTHE TP N OF LOS GATOS -3- OF