1984-217-Approving The Agreement With Jules Duc Construction, IncorporatedRESOLUTION No. 1984 -217
RESOLUTION APPROVING THE AGREEMENT WITH
JULES DUC CONSTRUCTION, INCORPORATED
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,
":AGREEMENT FOR PARTICIPATION IN THE INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF NATIONAL AVENUE AND LOS GATOS-ALMADEN ROAD ", with JULES DUC
CONSTRUCTION, INCORPORATED, a cony 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 T014N OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on 3rd day of December., 19B4 by the
following vote:
AYES: COUNCIL MEMBERS Eric D. Carlson Terrence J. ail ThotnAs J.
,Ferrito. Brent P. Ventura. Joanne Be Viamin
NOES: COUNCIL MEMBERS None-
AB STA I N: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS No e
SIGNED:
ATTEST:
ERTHE OWN 0 LOS GA 5
r,,YN CLERIC
AGR:B/�,32
AGREEMENT FOR PARTICIPATION IN THE INSTALLATION N ;:
OF .A TRAFFIC SIGNAL AT THE INTERSECTION OF REC`.G
NATIONAL AVENUE AND LOS GATOS- ALMADEN ROAD 13 E..
This 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,
a hereinafter called "TOWN ", a city, and JULES DUC CONSTRUCTION, INCORPORATED,
hereinafter called "DEVELOPER ", whose current business address is 246 UNION
AVENUE, LOS GATOS, CALIFORNIA 95030, and is made with reference to the
following facts. The DEVELOPER has sought permission from the TOWN under the
provisions of the Town Zoning Ordinance to change the use of land in the TOWN
for construction of a medical office building. The land is located at 15251
NATIONAL .AVENUE, Los Gatos, California.
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.
THE PARTIES AGREE AS FOLLOWS:
1. The TOWN shall, prepare plans and specifications for the construction
of traffic signals at the intersection of NATIONAL AVENUE AND LOS
GATOS- ALMADEN ROAD.
2. The TOWN shall advertise for sealed competitive bids for the work and
shall award a contract to the lowest responsible bidder. `
3. Within 10 days of the award of the construction contract for the
traffic signals, the DEVELOPER agrees to submit a cash payment to the
TOWN in the amount of 10% of the bid amount for the traffic signals.
4. With this agreement, the DEVELOPER is furnishing the TOWN a cash
deposit in the amount of $8,000.00 to secure the DEVELOPER'S
performance of all his obligations under this agreement. After the
cash payment, as outlined in Paragraph 3, is rendered to the TOWN
obligations of DEVELOPER pursuant to this agreement, shall be
considered as complete and the cash deposit will be released by the
TOWN.
5. In the event of litigation to enforce the terms of this agreement, the
prevailing party shall have its costs and reasonable attorney's fees and
expenses. The $8,000.00 amount of the cash deposit is not a limit on the
DEVELOPER'S liability, as specified in Paragraph 4 of this agreement, and
if the total of the specified percentages of the signal work bids are
greater than $8,000.00, the DEVELOPER shall furnish the difference within
10 days of notification by the TOM. If the $8,000.00 amount as specified
in Paragraph 4 of this agreement is in excess, the T0I4N shall refund the
difference.
6. The TOWN shall complete the construction of said signal improvements for
the intersection of National Avenue and Los Gatos - Almaden Road within
twenty (20) years of the date of recording of the final map of Tract 7635
located at 15251 National Avenue.
ATTEST:
TOWN:
T��� L aA By MA"YUR L n
Date:—
R J SS _ 19ybefore me, e
7ATE OF CALIFONIA _._-- .- _..... appeared
20U 7Y OFC _ /� and Sta e, personally PP
ON -
un rsigned a Not ry
public in and for said Coun y
- --- -- - --- ---- -- - --------------------- - ---- -- - to the ithl
w' 'n
- - ,subscribed
ICPAI,SEAL person,
i whose
named - - -��R
p , /LL'9 wn to me to be the P that they- executed the same.
wledged to me
o�.
81 191h rument, and ackno
Notary's 5'9natur
GENERAL ACKNOWLEDGMENT
Form No. 11
rnii tNUIEff
Town Engineer
Dated:
-2-