1980-110-Authorizing Supplemental Agreement With Winchester AssociatesRESOLUTION NO. 1980 -110
RESOLUTION AUTHORIZING SUPPLEMENTAL
AGREEMENT WITH WINCHESTER ASSOCIATES
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the TOWN OF LOS GATOS enter into that
agreement entitled "SUPPLEMENTAL AGREEMENT ", with WINCHESTER ASSOCIATES,
a General Partnership, a copy of which is attached hereto, and that the Mayor
is authorized, and he is hereby directed, to execute said agreement in the
name and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on the 2nd day of September _, 1980, by the
following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Marlyn J. Rasmussen
Peter W. Siemens, Brent N. Ventura, and Thomas J. ferrito
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
MAYOR OF T OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF _°T GATOS
SUPPLEMENTAL AGREEMENT
This Supplemental Agreement is made and entered into, effective upon
the last date this document is signed by the parties hereto, by and between
the TOWN OF LOS GATOS, acting by and through the Town Council., who are
duly authorized, hereinafter designated as the FIRST PARTY, and WINCHESTER
ASSOCIATES, a General Partnership composed of BRUCE C. EDWARDS, KENNETH
A. HOLMGREN, RONALD J. MARAZZO, and J. W. CONNER General rartners,
hereinafter designated as the SECOND PARTY;
W I T N E S S E T H:
WHEREAS, the parties hereto, on May 10, 1979 entered into a certain
contract, a copy of which is attached hereto as Exhibit "A ", and which
is hereby incorporated herein by this reference, calling for SECOND PARTY
to complete, on or before May 10, 1980, certain works of improvements on
Capri Drive, Winchester Boulevard, Parr Avenue, and Knowles Drive; and
WHEREAS, approximately 90% of the work has been completed; and
WHEREAS, the parties hereto are mutually desirous of extending the
time for performance of the work remaining to be done.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. All terms and conditions contained in Exhibit "A" are mutually
re- adopted and agreed to anew with the modifications, changes and
amendments referred to herein below.
2. The work provided for by this Supplemental Agreement shall be
completed by SECOND PARTY prior to May 10, 1981.
-I -
3. The amount of the cash deposits or bonds referred to in
Paragraph 2. of Exhibit "A" shall be reduced to $17,500.00 (Performance),
and $17 500.00 (Labor and Materials).
Dated:_
t
Dated: E ��, --� <D
Dated:
-25 -f'fi
Dated: -�fz�q
Dated: t)Y
RECOY2gENDED BY:
t K L. WARNICK
-� y
Directcr of Public Works
TOWN OF LOS GATOS
BY'�. ® Fa
or
TOWN.
WINCHESTER ASSOCIATES, a General
Partnership.
By
_2_
GENERAL PARTNERS.
DEVELOPER.
IT
� �e mace ana e :�ered into /� 10 c
bet tiec ` v c . �! -- "- e' called _-'T 7,- t
;h!li\�ri.S_E �,_Jv'�T!1TES, d �iene ra Lartners; ^ip composed O.
KEiQ iG N R0 T, ._ % and W. Cni\., K. E;ie" _ .art. ^.2 f S,
hereinafter ca-'-led "D EVE 1 r,-- " w ose ^lace o_ basiness is 283 ckao:
Roa, San --ose, Califon: 3__ made with reference to .ne
fo1._owin facts:
The ..EVELOPER in Proceeding No. ._- %S -lri and S -7S -16 has sOcgiK
permission from the TOWN under the provisions of the Tow: Zoning Ordinance
to change the use of land in the TOWN. The land is a 4.4 acre parcel of
land between Capri Drive, Winchester Boulevard, Parr Avenue and Knowles
Drive. The Town. Planning Commission has granted the permission, on finding
that approval of the development proposal is proper if the obligations
referred to in this agreement are met by the _ EVELOPER.
THE PAF.TTES AGREE AS TOLLOWS:
1. At its own expense the DEVELOPER will do the street, drainage and
utility improvement work shown on and in conformity with, the plans and
specifications, and will complete the work on or before one year from the
date of this contract. The plans and specifications are composed of:
Drawings
Sheets number 1 -6 (Revised April 30, 1579)
Prepared by Danforth E. Apker
2. Before commencement of any work, and before issuance of any, permit
the DEVELOPER will furnish the TOW.TS with cash deposits or bonds:
-1-
In _ne amo'ant of , -i 00 ^, to secure the i'EVn: ^_ER'S
per. 'ormance of all its cs igations under this agreement.
1 arcUnt o to secure paymen-c _ the c'a'ms
Cf lEbCr ers. ma' -:r'ELme- an.�_ c t..p - i.,;'_^S enga_.:eu in or provici f.n:i
s'upp '.iES or SE?"`V'CES -or }p Erf Cr.':a nC e. of tt,,° i;apT G`:?2 me:;t U)CTk
descr .be(f in this agreemer ?`.
v ' CeptancE The form Oi z bO1 S 4i1 1 t:e p�ES r Dy tnE ��TV. Ater __na
of
c:'! Le work, ten per Cent Of ea--h Ca Sig eepcs it 4 ✓4_1i be retalnEG bV ';;he
_,OG:V or ten per cent of the face ,,meant of each bond will remain in effect
for one year to secure performance of the DE'VELOPER'S obligation to correct
any deficiency in the work, to remedy any other default, and to pay claims
of laborers, materialmen and suppliers. The one year period for ten per
cent cash retentions and bond obligations begins on the date of final
acceptance, but this limitation on the security for performance does not
shorten any time during which the TOidN may act to enforce the DEVELOPER'S
obligations under the terms of this agreement.
4. The DEVELOPER will hold harmless and indemnify the Tgvgq , its
council members, boards and commissions, officers and employees from any
sort of loss, damage or liability, slits, actions and claims, including
cost and expense of defenses and responses, arising from any occurrence in
the DEVELOPER'S performance of this agreement, whether or not the occurrence
involves the performance of an act required by the terms of this agreement-,
ORl1SS10n bV the DEvELOr ER t0 PerforM its Obligations 'under the tertiS OT
this agreement or required by law, or arises from any Condition createG by
the DEVELOPER'S performance, or exists because of failure to perform this
agreement Or any o- iiyatlons rec[airec. �y> yaw. The DEJELOPEIRIS
under this Part 4. exist regardless of the t':eory of the suit, action or
claim.
t all . _mes durinc -he performance of its obligat_o ^:s rider -�..=_s
agreement the DEVELOPER ,. 11 carry pu 1 liability and property dama ^e
insurance, with the following limits of liability:
5-00,000 each person
l,v ^00 000 each occurrence
$ 200,000 property damage
with policy provisions acceptable to the TOWN, and will provide the TOWi<
with the insurance carrier's certificate evidencing such coverage, with a
30 -day notice of cancellation provision.
6. If construction of the improvement is delayed without fault of
the DEVELOPER, the Town Council may extend the time for completion of
construction.
7. Completion of the off -site as well as on -site improvements is a
necessary prerequisite to the occupancy and use of the property in the
manner proposed by the DEVELOPER, and no certificate of occupancy> or approval
of ut__lity service, temporary or permanent, shall issue until all of the
improvements required by th is agreement are completed.
_z_
°. in the evert of litigation to enforce the terms of ..,.is aareem ,
ent
the prevailing party shall. have its costs and reasonable attorney's fees
and expenses.
REC0MP4ENDED BY:
R. L. WARNICx
Director of Public Worms
TOWN
By
LOS GA
TCWN.
WINCHESTER ASSOCIATES
A General Partnership
By C',
BRUCE C. EDWA_RDS
By
By
By
-a-
General Partners.
DEVELOPER.
STATE OF CALIFORNIA,
ss.
On this .___ ?S.th_.._....day of_._ ._..Gtu.,(
=,C+..t-.._ --------- _in the year one thousand nine
hundred and-_-Q! 1: '..__._...__ ----- before me --------- _. Ss'?I7d, 1.110 ._jacKlu.._...._.—.._..._.._..
a Notary Public, State of California, duly commissioned and sworn ersonally appeared
Bruce C. Edwards Kenneth P. r?ojjjcrr , °ona�d J. Aarazzoe
._.. ... ---- 7.__...._...__.........._..._ ......_.....__..__..........-__ ..._.__......._._ ._......__.......___...._._..._
�pappHaapa89 p3f AA9$ paAPYi9 ?ppBBSnkkaap ®kpRCf83kan9HA689,� and J. T,7. Conner
.. _ a . ......... _ ................. .............................. ...................... .. .... .. . .._. ... _.
of��vzal SEAL m
SA'�etJRA L sri7T known to me to bed the partners of the partnership that executed the within instrument,
` -x, rZ' nCrAcv uzr.0 CALI o!anA m and acknowledged to me that Bach partnership executed the same.
r ` b AN TA G_ARA a a.r
e IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal,
Ply r .1 Exp,,.,b Mat 15. X883 M
Santa Clara the day and year in this
m She _.._.._._ ®— .....— Caanty of .._....__::.,........_._..__...
E9lapiaap➢ H3niaH8nSapnnaaaHHaax ?atp3Hp ?aaaeapppaaanaaa certificate frsl above written.
TI., tlpcumenl if Only a 11M1.1'I,m'M, -cb may Oe p,oppt Ipr u mpl¢,. ni
and in I. wdy K unw0 r, ma[ iubar�lule lo. the aoIe of a
pe nay p
ibe pubLNa, d. no, make any n y �n ,c
,Fa, enp,ess o, �m I., a o 9,e legal
..rmliv or am p,ovn.on b, ma fudsbildy or rnau I.— in any spat�ri< vdn3acUon.
of California
Cowderya Form No.29-- (Aeknowled8ment— Partnership) ?Jaxch 15, 1 983
(C. C. Sec. 7389) My Cortarnissim Expires. _..... ._.._.__.... ....... .__... .....
___...
STATE OF CALIFORNIA,
ss. i
__._— Casnty
On this. ..... y of_._— ._I`r!_._.____..__. —.in the year are thousand nine
hundred and. 5,?e_i"t}_>_ before me .... .....__Sai7,La...L.°_._SCOtt
a Notary Public, State of California, duly commissioned and sworn, persoraaiiy appeared
BS1JC�._.5,._Kenneth A. E.olmgren,._u n, l J. Marazzo
_ ._........... - ..._..
�Yll$ al1 1a56ak? BaSaa6l 9 1a999aaHiElaalaltaII6?a #aaYO9aai _s3.��,_� 1tIFi �Qririer ___________ ____
.., .._....... _.... _. .... _.._._.__.........._..._..___.. ......
`x* O F ['I C IA L S I: .\ L knower to me to Se.o'Saor�"o f the partners of the partnership that e.senaied the within instrument,
SANDPA L. SCOTT
N
CTr rpurCCle cAarr-or.Nl„ and acknawirdged to me that such partnership rxreut<d the sane.
AN Ta CIARA Ceu.v'r r Z IN WITNESS WHEREOF I have hereunto set my hand and affixed my opiicial seal,
n. a
M Com;n. Ex fires Mar. 15, 1983 :: .... Clara __She do and year in this
s Y p 4
in the ��--- County or�_..._.._S__._ ... ............................. y
�aauaaapapapkusnaasasuv :paasaeeusaaa+nveaa ?pvuaa:�
cerdifirade first above writPm.
,nww d o nr,w m o
� m �,a .p a,T'. w"m.o K . m, IV— ,,1,ny 11 1 —"'
;ICowderr's Form No. 29-- {Aeknoxled8mcoa— Partnership)
(C. C. Scd. 1189)
Notary Fublic, State of Califorra
My Cattrussicn k�zzpsres.._......... ^wiSCi1...17s ZC S;7 _.... .