Loading...
1981-226-Approving "Contingent Agreement To Complete Improvements' Between Forbes Mill Condos And The Town Of Los GatosRESOLUTION NO. 1981 -226 A RESOLUTION APPROVING "CONTINGENT AGREE- MENT TO COMPLETE IMPROVEMENTS" BETWEEN FORBES MILL CONDOS AND THE TOWN OF LOS GATOS. BE IT RESOLVED that the Mayor of the Town of Los Gatos is hereby authorized and directed to execute a CONTINGENT AGREEMENT TO COMPLETE IMPROVEMENTS (copy of which is attached hereto) on behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS at a regular meeting held this 2nd day of November , 1981, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito MarLyn J. Rasmussen, and Pe NOES: COUNCIL ABSENT: COUNCIL ABSTAIN: COUNCIL SIGNED ATTEST: CLERK F THE TOWN LOS ATOS ter W. Siemens MEMBERS None MEMBERS Brent N. Ventura MEMBERS None AYE OR, TOWN OF LOS GATOS CONTINGENT AGREEMENT TO COMPIETE 7YIPIROVEMENTS U 11, �L � AGREEMENT, made this 1jLI day of 1.981, between Forbes Mill Condos, a general partnership ("Prin- cipal" herein) , and the Town of Los Gatos ("iown" herein). RECITALS: Principal has developed Forbes Mill Condominiums under Architecture and Site Application 5-79-20A, which originally provided that occupancycertificates for the last five units would not be issued until either the corimercial structure in the project was completed, or if not, the parking lot, plaza and appurtenant landscaping were completed. 2. On October 14,,:1981, for the reasons set forth in the DRC memo dated October S. 1981, the Town Planning Commission modified the aforesaid condition to allow Principal to satisfy it by posting a performance bond guaranteeing that if construc- tion of a commercial structure had not commenced by October 14, 1982, Principal would install the parking lot, plaza and appur-. tenant- landscaping. 3. i In order far this performance bond to be valid, Princi- on the Map recorded November 1.6, 1979, Book I 'Santa Clara County records) on or before Octc cipal shall complete the parking lot, plaza, and appurtenant landscaping on the subjeoct property in accordance with Site and Architectural Approval S-79-20A and to the satisfaction of the To-vm Engineer, on or before April 14, 1983. 2. RELEASE OF OCCUPANCY CERTIFICATES. Upon execution of this Agreement, and submission of a bond guaranteeing the performance hereof in a form and amount satis- factory to the Tmm Engineer, the Town shall release Occupancy certificates for the last five condominium units in the Forbes Condominium Development. 3. DISPUTES. In the event of litigation over this Agreement, or the bond guaranteeing its performance by Principal., the prevailing party shall be entitled to recover all reasonable costs and attor- ney's fees. DATED: October 30, 1981 FOR4BESL - 0 ONDOS , a general partnershij M By: Pr !no., a corporation 0- San or A N_._Diller,' P4'�Isl_ ent By: E -ial eve a 11 h D I opme its a corporata:o' 'DATED: �%G TOW "F LOS 0S OS B emcn�, -Mayor 'X*6te Siemeni-, Mayor -2-