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1982-163-Approving The Agreement With Sund Properties, LTD., The Developers Of Tract 6597RESOLUTION NO. 1982 -163 RESOLUTION APPROVING THE AGREEMU WITH SUND PROPERTIES, LTD., THE DEVELOPERS OF TRACT 6597 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 an agreement entitled, "ATendment to Contract for Improvement of Tract No. 6597', with Sund Properties, Ltd. the developer of Tract 6597, a copy of which is attached hereto. FURTHER RESOLVED, that the Mayor is authorized, and 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 7th day of September , 1982, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, MarLyn J. Rasmussen, Peter W. Siemens and Mayor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS 11one 1 , �m SIGNED: MAYOR OF THE TOWN OF LOS GATIOS ATTEST: CLERK OF THE TOWN OF LOS GA AMENDMENT TO CONTRACT FOR IMPROVEMENT OF TRACT 40. 6597 This agreement is made between the Town of Los Gatos and Sund Properties, Ltd. RECITATIONS OF FACT On February 17, 1981, the Town of Les Gatos (Town, and Sund Properties, Ltd, (Sund) entered into a subdivision improvement agreement entitled "Contract for Improvement for Tract No, 6597." The subdivider, Sund, began performance of the agreement and did a substantial amount of work. The Town and Sund then discovered that some of the work was improperly done, although it was done according to the plans and specifications incorporated in the February 2, 1981 contract. The Town and Sund disagree on the question of who is responsible for the error. In the course of the examination of the subdivision improvements and plans, the Town determined that, besides correction of the work that was improperly done, other changes in the plans were desirable. These changes relate to matters of aesthetics and engineering choice, and there is no contention that the request for them is necessitated by any error. Since the sub-divider's contractor has already completed a major portion of the work, the changes are a relatively small portion of the job and some of the payment for them can be in the form of credits for work deleted, it is impractical for either the Town or the subdivider to obtain competitive bids for the work. Work on the project ceased while both the correction of the error and possible other changes in the contract were under review by the Town. On May 3, 1982, the Town Council granted a nine -month extension to the 12 -month time originally provided for performance of the subdivision improvement. AGREEMENT The Town and Sund agree: 1. The February 17, 1981 Contract for improvement of Tract No. 6597 is modified to provide that the drawings consisting of 4 sheets entitled "Modifications to the Intersection of Foster Road /Sund Avenue /Tourney Road", are included in the plans and the specifications for the work, and that the work done and to be done is to be modified accordingly. 2. The Town, on satisfactory completion of the work will pay Sund $4,950. This sum is the result of a calculation taking into account an agreed apportionment of the cost of correcting the error referred to in the Recitations of Fact and the cost to the subdivider of making the other changes in the work. The sum of $4,950 represents the full and complete responsibility of the Town and the signers of this agreement heretofore agree that the Town is released from any and all future liability. 3. This agreement becomes effective when it has been approved by the Town Council of the Town. Dated — ! Town of Los Gatos Dated z4zr 2/ z f r�? -2- by Mayor - Brent N. Ventura SUND PROPERTIES, LTD. �p by V e MILDRED K. G iTH, General Part r m