1998-195 - Approve Final Map of Tract No 9122, Accept Dedications & Authorize the Mayor to Sign the ContractRESOLUTION 1998 -195
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING FINAL MAP OF TRACT NO. 9122,
ACCEPTING THE DEDICATIONS AND
AUTHORIZING THE MAYOR TO SIGN THE CONTRACT
WHEREAS, on September 9, 1998, the Planning Commission of the Town of Los Gatos
approved the Tentative Map, PRJ -98 -118, with conditions; and
WHEREAS, those conditions required the Owner or Subdivider to do the following:
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. 9122 ", 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 roadway purposes, 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. 9122. Trail
and storm drainage improvements on Parcel I will also be constructed as specified in the Plans
and Specifications for Tract No. 9122.
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 Million and No /100 Dollars.
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 PRJ -98 -118.
NOW, THEREFORE, IT IS RESOLVED that the certain Final Map of Tract No. 9122 in
the Town of Los Gatos, dated November 1998, and prepared by TS Civil Engineers, Inc., for
approval by the Town Engineer of the Town of Los Gatos, is hereby approved; the Mayor is hereby
authorized to execute the agreement with the Subdivider and all offers of land for public use therein
made on said Map, except open space Parcel I, are hereby accepted.
IT IS FURTHER RESOLVED that the dedication of the temporary Emergency Vehicle
Access Easement (EVAE) made on Lots 39, 40 and Parcel I of said Map is also accepted and that
subsequent to the recordation of the final map for Phase 2, and completion and acceptance of the
ultimate public improvement improvements known as Heintz Court that said temporary EVAE shall
be quitclaimed to the owners of Lots 39, 40 and Parcel I.
IT IS FINALLY RESOLVED that the offer of dedication for open space Parcel I is hereby
rejected, but the Town Council of the Town of Los Gatos reserves the right to accept the dedication
at a future date. Such acceptance shall not take place until such a time as the Nino encroachment on
Parcel I is removed to the satisfaction of the Town Council.
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PASSED AND ADOPTED at a regular meeting of the Town Council held on the 7' day of
December, 1998 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Jan Hutchins
NAYS: None
ABSENT: None
1011.1y 1 \IL �L61Z
SIGNED:
ATTEST:
(-Y4'�:Zj
THE TOWN OF LOS GATOS
GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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