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1982-094-Authorizing Agreement Designating Developer Participation On Town Of Los Gatos Parking Los No. 4ARESOLUTION No. 1982 -94 RESOLUTION AUTHORIZING AGREEMENT DESIGNATING DEVELOPER PARTICIPATION IN TOWN OF LOS GATOS PARKING LOT NO. 4A 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 "AGREEMENT DESIGNATING PARTICIPATION IN TOWN OF LOS GATOS PARKING LOT NO. 4A with KUMIKO IWASAWA VADAS, 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. FURTHER RESOLVED, that the Town Clerk is hereby directed to record said agreement with the County Recorder of Santa Clara County. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on 3rd day of May , 1982 by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Marlyn J. Rasmussen and Peter W. Siemens NOES: COUNCIL MEMBERS Thomas J. Ferrito and Brent 11. Ventura ABSTAIN: COUNCIL MEMBERS .None ABSENT: COUNCIL MEMBERS_ .None SIGNED MAYOR OF THE TOWN OF LOS GATOS ATTEST: J CLERK'OF THE TOWN OF LOS G -OS I I I RECORDING REQUESTED BYe TOWN OF LOS GATOS WHEN RECORDED MAIL TO: TOWN CLERK TOWN OF LOS GATOS P.O. 94:1 LOS GATOS, CALIFORNIA 950311, NO FEE: G= CODE SEC. 6103 NSA _101/ AGREEMENT DESIGNATING DEVELOPER PARTICIPATION IN TOWN OF LOS GATOS PIOXINC LOT .0. 4A I . - 111 - 1 7395L)o e, 5 goft) 'T top IY f This agreement is made and entered into May 3rd ig 82 between the TPON OF LOS GATOS, hereinafter called nTOWN", a city. and KUMIRO IWASAWA VADAS, an individual, hereinafter called "DEVELOPER ", whose place of business is P.O. Box 1660, Los Gatos, California, and is made with reference to the following facts: The DEVELOPER in Proceeding No. 5 -81-69 has sought permission from the TOWN under the provisions of the Town Zoning Ordinance to change the use of land in the Town. The land is located at 103 University Avenue. 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 DEVELOPER. Said approval was granted upon condition that certain parking area and related improvements be installed in connection with the development, and it is the intent fro 77 of this agreement to provide for the installation of said improvements. THE PARTIES AGREE as follows� 1. The TOWN shall, at its expense, prepare plans and specifications for I the construction of Downtown Parking Lot Ncs. 4A and 4B and requisite Off-site fi storm drainage improvements. Parking Lot No. 4A is located between Elm Street Cans,, and Grays Lane. Parking Lot 4B is located between Grays Lane and Royce Street, 2. The TOWN shall advertise for sealed competitive bids for the work and shall award a contract to the lowest responsible bidder. 3. The DEVELOPERS share of the cost of the construction of Downtown Parking Lot Nns. 4A and 4B and off-site storm drainage improvements shall be apportioned as follows: the DEVELOPER is responsible for the construction of five (5) fully developed parking spaces of the total of one hundred and thirty six proposed to be constructed. 4. within thirty (30) days of approval of this agreement by the Town Council, the DEVELOPER stall Pay to TOWN the sum Of two-thousand two hundred and 00/100 ($ 2,200.00) dollars, which is the amount presently estimated by TOWN to be twenty-five (25%) Per cent of the total cost of the Portion of the project which is the DEVELOPER'S responsibility. 5. Within 10 days of the award Of the construction contract for Downtown Parking Lot Nos 4A and Q and off-site storm drainage imProvements, the DEVELOPER agrees to submit a cash payment to the TOWN in the amount of 3.681 of the bid amount minus $ 2,200.00 Previously paid as set forth in paragraph 4 of this agreement. 6. The TOWN Shall complete the construction of said improvements within five years from the date of execution of this agreement. 7. As used in this agreement the term "total cost' shall mean the total Of all costs incurred and expenditures made by TOWN in connection with constructing the above described project, including but not limited to construction inspection, cost of the construction, cost Of extra work authorized by TOWN, and cost Of all materials not included in the contract price. B. Upon completion of said project, TOWN shall submit to the DEVELOPER a final accounting of the total construction costs of said project, In the event this final accounting shows that the sum advanced to TOWN is less than the percentages stated above in paragraph 5, the DEVELOPER shall pay TOWN the difference within sixty (60) days from the receipt of said final accounting. However, in the event this final accounting shows that the sum advanced to TOWN is more than the Percentage stated above in Paragraph 5, TOWN shall return the difference to the DEVELOPER within sixty days. 9. TOWN shall keep, maintain and render available for inspection by the DEVELOPER or authorized representatives, records and books which will provide a complete and accurate account of all costs, fees and expenditures made by TOWN for construction of costs of said project. 10. This agreement shall terminate five years from the date of execution of this agreement by TOWN, if TOWN has not awarded a contract for construction of the above described project prior to that date. In the event of such a termination, TOWN shall refund to the DEVELOPER all sums paid under paragraph 4 of this agreement. -2- RESOLUTION NO. 1982 -94 RESOLUTION AUTHORIZING AGREEMENT DESIGNATING DEVELOPER PARTICIPATION IN TOWN OF LOS GATOS PARKING LOT NO. 4A 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 "AGREEMENT DESIGNATING PARTICIPATION IN TOWN OF LOS GATOS PARKING LOT NO. 4A with KUMIKO IWASAWA VADAS, 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. FURTHER RESOLVED, that the Town Clerk is hereby directed to record said agreement with the County Recorder of Santa Clara County. PASSED AND ADOPTED at a rfL lar meeting of the Town Council of the Town of Los Gatos held on 3rd day of Mav , 1482 by the following vote: AYES: COUNCIL MEMBERS. Ruth Cannon, Mar Lyn J. .Rasmussen and Peter W. Siemens NOES: COUNCIL MEMBERS .Thomas J. Ferri-to and Brent N. Ventura. ABSTAIN: COUNCIL MEMBERS .None ABSENT: COUNCIL MEMBERS ..None SIGNED THE TOWN OF LOS GATOS ATTEST; CLERK'OF THE TOWN OF LOS GA OS RECORDING REOUESTED BY: TOONT OF LDS GATOS WHEN RECORDED MAIL TO COWIN' -CLERK TOWN OF LOS GATOS P.D. 949 LOS GATOS, CALIFORNIA 95031 NO FEE: GOVH CODE SEC. 6103 AGREFM-ENT DESIGNATING DE's7=PER PART!CTPATTON IN. TOWN OF LOS GATOS PARKING LOT Nja 4A u6r­� e. M T h 4 s agreement is made and entered into May 3rd 1 "9 82 between the TOWN OF LOS GATOS, he-,&-inafter cal , led "TOWV', a city, and KUMIRO IWASAW'A VADAS, an individual, hereinafter c&jjed "DEVELOPER', whose place c° business is P.O. Box 1660, Los Gatos, California, and is made with reference to the following facts: The MVELOPER in Proceeding No. S-81-69 has sought permission from he TOWN under the Provisions of the Town Zoning Ordinance to chance the use of land in the Town. The land is located at 103 University Avenue. 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 D::,v`ELOPrR. Said approval was granted upon condition that certain parking area and related improvements be installed in connection with the development, and it Js the intent of this agreement to crovide for the installation of said improvements. THE PARTIES AGREE as follows: 1. The TOWN shall, at its expense, prepare plans and sPecilfications for the construction of Downtown Parking Lot Nos. 4A and 4: and requisite off-site E; fW storm drainage improvements. Parking Lot No. 4A is located between Elm Street and Grays Lane. Parking Lot 4E is located between Grays Lane and Payee Street. The E01Ah shall advertise for sealed competitive bids for the work and shall award a contract to the lowest responsible bidder. 3. The DEVELOPERS share of the cost of the construction of Downtown Parking Lot Nos. 4A and 4E and off-site storm drainage improvements shall be apportioned as follows: the DEVELOPER is responsible for the construction of five (5) fully developed parking spaces of the total of one hundred and thirty six proposed to be constructed. 4. Within thirty (30) days Of approval of this agreement by the Town Council, the DEVELOPER shall pay to TOWN the sum of two-thousand two hundred and 00/100 ($ 2,200.00) dollars, which is the amount Presently estimated by TOWN to be twenty-five (25%) Per cent of the total cost of the Portion of the project which is the DEVELOPER'S responsibility. 5. Within 10 days of the award of the construction contract for Downtown Parking Lot Nos 4A and Q and off-site storm drainage improvements, the DEVELOPER agrees to submit a cash Payment to the TOWN in the amount of 3.681 of the bid amount minus $ 2,200.00 previously paid as set forth in paragraph 4 of this agreement. 6. The TOWN shall complete the construction of said improvements within five years from the date of execution of this agreement. 7. As used in this agreement the term "total cost' shall mean the total of all Costs incurred and expenditures made by TOWN in connection with constructing the above described Project, including but not limited to construction inspection, cost of the construction, cost Of extra work authorized by TOWN, and cost Of all materials not included in the contract price. 8. Upon completion of said Project, TOWN shall submit to the DEVELOPER a final accounting of the total construction costs of said Project. In the event this final accounting shows that the sum advanced to TOWN is less than the percentages stated above in paragraph 5, the DEVELOPER shall pay TOWN the difference within sixty (60) days from the receipt of said final accounting. However, in the event this final accounting shows that the sum advanced to TOWN is more than the Percentage stated above in Paragraph 5, TOWN shall return the difference to the DEVELOPER within sixty days. 9. TOWN shall keep, maintain and render available for inspection by the DEVELOPER or authorized representatives, records and books which will provide a complete and accurate account of all costs, fees and expenditures made by TOWN for construction of costs of said project. 10. This agreement shall terminate five Years from the date of execution of this agreement by TOWN, if TOWN has not awarded a contract for construction of the above described project prior to that date. In the event of such a termination, TOWN shall refund to the DEVELOPER all sums paid under paragraph 4 of this agreement. I=N 11. in the event of litigation to enforce the terms of this agreement, the prevailing party shall have its costs and reasonable attorneyts fees and expenses, Interest on the total amount of any money damages, liquidated or unliquidated at the time of filing of such action, will run from the date of filing at the Yearly rate of eighteen USP percent. 12. This Agreement runs with the land and is binding on the DEVELOPER and his succesors in interest. RECOMMENDED BY: /JAMES F. VAN HOUTEN Director of Public Works TOWN OF LOS GATOS TOWN, VADAS ELKO INAEAWA DEVELOPER NOTARY ACKNOWLEDGEMONOS REQUIRED -3- RESOLUTION NO. 1982 -94 RESOLUTION AUTHORIZING AGREEMENT DESIGNATING DEVELOPER PARTICIPATION IN TOWN OF LOS GATOS PARKING LOT NO. 4A 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 "AGREEMENT DESIGNATING PARTICIPATION IN TOWN OF LOS GATOS PARKING LOT NO. 4A with KUMIKO IWASAWA VADAS, 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. FURTHER RESOLVED, that the Town Clerk is hereby directed to record said agreement with the County Recorder of Santa Clara County. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on 3rd day of _ Lq , 1982 by the following vote: AYES; COUNCIL MEMBERS Ruth Cannon, MarLyn J. Rasmussen and Peter W. Siemens NOES: COUNCIL MEMBERS Thomas J. Ferrito and Brent N. Ventura.. ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS. .None a S MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS Gji"OS U RECORDING REQUESTED BY: TOWN OF LOS GATOS WHEN RECORDED MAIL TO: TOWN CLERK TOWN OF LOS GATOS P.O. 949 LOS GATOS, CALIFORNIA 95031 NO FEES G= CODE SRC. 6103 Ns, aq AGREEMENT DESIGNATING DEVELOPER PARTICIPATION IN TOWN OF LOS GATOS PARKING LOT Na. 4A "IND ,MA Gi UM N This agreement is made and entered into ig 82 ____tj�3rd between the TOWN OF LOS GA OS, hereinafter called �TOWN", a city, KUMIKO and !WASAWA VADAS, an individual, hereinafter called "DEVELOPER', whose place of business is P.O. Box 1660, Los Gatos, California, and is made with reference to the following facts: The DEVELOPER in Proceeding No. S-81-69 has sought permission from the TOWN under the provisions of the Town Zoning Ordinance to change the use of land in the Town. The land is located at 103 University Avenue. 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 DEVELOPER. Said approval was granted upon condition that certain parking area and related improvements be installed in connection with the development, and it the intent of this agreement to provide for the installation of said improvements. THE PARTIES AGREE as follows: i. The TOWN shall, at its expense, prepare plans and specifications for the construction of Downtown Parking Lot Nos. 4A and 4B and requisite off-site storm drainage improvements. Parking Lot No. 4A is located between Elm Street and Grays Lane, Parking Lot 4B is located between Grays Lane and Royce Street. G. The TOWN shall advertise for sealed competitive bids for the work and Shall. award a contract to the lowest responsible bidder. 3. The DEVELOPERS share of the cost of the construction of Downtown Parking Lot Nos. 4A and 4B and off-site storm drainage improvements shall be apportioned as follows: the DEVELOPER is responsible for the construction of five (5) fully developed parking spaces of the total of one hundred and thirty six proposed to be constructed. 4. Within thirty (30) days of approval of this agreement by the Town COuuCil, the DEVELOPER shall', pay to TOWN the sum of two-thousand two hundred and 00/100 ($ 2,200.00) dollars, which is the amount presently estimated by TOWN, to be twenty-five (25%) per cent of the total cost of the portion of the protect which is the !DEVELOPER'S responsibility. 5. Within 10 days of the award of the construction contract for Downtown Parking Lot Nos 4A and 45 and off-site storm drainage improvements, the DEVELOPER agrees to submit a -ash pal,mert to the TOWN in the amount of 3.68% of the bid amount minus $ 2,200.00 previously paid as set forth in Paragraph 4 of this agreement. 6. The TO6M shall complete the construction of said improvements within five years from the date of execution of this agreement. 7. As used in this agreement the term "total cost' shall mean the total of all costs incurred and expenditures made by -TOWN in connection with constructing the above described Project, including but not limited to construction inspection, cost of the construction, cost of extra work authorized by TOWN, and cost all all materials not included in the contract price. B. Upon completion of said Project, TOWN shall submit to the DEVELOPER a. final accounting of the total construction costs of said project. In the event this fine'- accounting shows that the sum advanced to -TOWN is less than the percentages stated above in paragraph 5, the DEVELOPER shall pay TOWN the difference within sixty (M days from the receipt of said final accounting. However, in the event this final accounting shows that the sum advanced to TOWN is more than the percentage stated above in paragraph 5, TOWN shall return the difference to the DEVELOPER within sixty days. 9. TOWN shall keep, maintain and render available for inspection by the DEVELOPER or authorized representatives, records and books which will provide a complete and accurate account of all costs, fees and expenditures made by TOWN for construction of costs of said Project. 10. This agreement shall terminate five years from the date of execution of this agreement by TOWN, if TOWN has not awarded a contract for construction of the above described Project Prior to that date. In the event of such a termination, TOWN shall refund to the DEVELOPER all sums Paid under paragraph 4 of this agreement. -2- 11. in the event of litigation to enforce the terms of this agreement, the Prevailing party shall have its costs expenses. Interest on the total amou unliquidated at the time of filing of filing at the yearly rate of eighteen 12. This Agreement runs with the his succesors in interest. RECOKMENDED BY, JAMES E, VAN HOUTEN Director of Public Works and reasonable attorney's fees and it Of any money damages, liquidated or such action, will run from the date of (18%) percent. land and is binding on the DEVELOPER and TOWN OF LOS GATOS rt MAYOR TOWN 6 Cf, t�n:a KUMIKO IWASAWA VADAS DEVELOPER NOTARY ACKNOWLEDCEMONTS REQUIRED -3-