1985-184-Authorizing Land Development Related Obligations & Easement AbandonmentRESOLUTION NO. 1985 -184
RESOLUTION AUTHORIZING LAND DEVELOPMENT
RELATED OBLIGATIONS & EASEMENT ABANDONMENT
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
"LAND DEVELOPMENT RELATED OBLIGATIONS & EASEMENT ABANDONMENT ", with
Dawsnn /Miller Develonment Co., a cony 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 16th day of December , 19.L5 by the
following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J.
Ferrito, Brent N. Ventura and Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED: r7J7,11 --1. C'j '
ATTEST:
D '' ' / la''1 1- LUS GATOS
AGREEMENT
(Land Development Related Obligations and Easement Abandonment)
This agreement is made and entered into, effective upon the last date this
document is signed by the parties hereto, by and between TOWN OF LOS GATOS,
hereinafter called "TOWN ", a city, and DAWSON /MILLER DEVELOPMENT CO. hereinafter
called "DEVELOPER ", whose place of business is 4916 El Camino Real, Suite 220, Los
Altos, California 94022, respectively, and is made with reference to the following
facts:
The DEVELOPER in Proceedina No. S -80 -1026 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 52 North Santa Cruz Avenue. The 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 DEVELOPERS.
Said approval was granted upon condition that certain street and related
improvements be installed in connection with the development, and it is the intent
of this agreement to provide for the installation of said improvements.
THE PARTIES AGREE AS FOLLOWS:
1. At his own expense, the DEVELOPER will do the street, drainage, curb,
gutter, special Villa Hermosa theme sidewalk, and street tree improvement
work shown on, and in conformity with, the Plans and Specifications, and
the Disabled Access Regulations of the State Building Code Title 24 and
will complete the work on or before one year from the date of this contract
or Use and Occupancy clearance, whichever occurs first.
The Plans and Specifications are composed of:
Drawings
Sheets numbered 1 and 2
Prepared by Hoskins Engineers, Inc.
Dated 11/26/85 and
Sheet No. 1
Prepared by Integrated Design Group
Dated 11/26/85
2. Before commencement of any work, the DEVELOPERS will obtain from the Town
an Encroachment Permit for work in the Public Right -of -Nay.
3. The DEVELOPERS aaree to allow the TOWN at its expense to abandon the
sidewalk easement previously dedicated alonq the North Santa Cruz Avenue
and Elm Street frontages described on the attached Exhibit "A" and shown on
the attached Exhibit "B
4. The DEVELOPERS from the date of sinning of this AGREEMENT until the Order
of Vacation for said sidewalk easement is recorded will hold harmless and
indemnify the TOWN, its council members, boards and commissions, officers
and employees from any sort of loss, damage or liability, suits, actions
and claims, including cost and expense of defenses and responses, arising
from any occurrence in the DEVELOPERS' performance of this agreement,
whether or not the occurrence involves the performance of an act required
by the terms of this agreement, omission by the DEVELOPERS to perform its
obligations under the terms of this agreement, or required by law, or
arises from any condition created by the DEVELOPERS' performance, or exists
because of failure to perform this agreement or any obligations required by
law. The DEVELOPERS' obligations under this Part 4 exist regardless of the
theory of the suit, action or claim.
5. At all times during the performance of its obligations under this
agreement, the DEVELOPERS will carry public liability and property damage
insurance with the following limits of liability:
S 500,000 each person
$ 1,000,000 each occurrence
E 200,000 property damage
with policy Drovisions acceptable to the TOWN, and will provide the TOWN
with the insurance carrier's certificate evidencing (1) that minimum
insurance coverage as required above are in effect, (2) that the Town of
Los Gatos, its officers, agents, and employees are named as additional
insureds on the policy or policies of insurance, (3) that the policy or
policies will not be cancelled or changed until thirty (30) days after
written notice is given to the TOWN, and (4) that the insurance coverage
extended by this policy is primary and any insurance carried by the Town is
a
excess.
6. If construction of the improvement is delayed without fault to the
DEVELOPERS, 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
g"ereoulsite to tV usr cr .tin pre�,rxv ?n tk,
proposed by the DEVELOPER, zxnd no certificate of occupancy cr
T e
a
utility service, temporary or permanent, shall be issued until all of the
imnrovements required by this agreement are completed.
In the event of litiqation to enforce the terms of this agreement, the
prevailinq party shall have its costs and reasonable attorney's fees and
expenses.
TOWN OF LOS GATOS
Date:
ATTES
Date: — P( 1UWN U tKK
APVRnvFD AS TO FORM:
Date: ) — 3 — g(2
Date:
/ -?- 8S
DATE: /zll?- o'��'r
DATE:
(ENG03 /TC 12 /16- 7)RJZ /NP:SP
OWNER /DEVELOPER
DAWSON MILLER DEVELOPMENT CO.
WAYNE N. MILLER INVESTMENT CO.,
GENERAL PARTNER
BY
. RESI
DAWIR EMENT AND INVESTMENT
CO.ENERAL PARTNER
BY
E
EXHIBIT "A"
DESCRIPTION OF A SIDEWALK EASEMENT
TO BE ABANDONED AT THE NORTHEAST CORNER OF
NORTH SANTA CRUZ AVENUE AND ELM STREET
BY THE TOWN OF LOS GATOS
All that property situate in the Town of Los Gatos, County of Santa Clara, State
of California, beina more particularly described as follows:
BEGINNING at the intersection of the Northeasterly line of Elm Street and the
Southeasterly line of North Santa Cruz Avenue as shown on that Record of Survey
filed for record in Book 536 of Maps at Paae 51 Santa Clara County Records;
thence leaving said POINT OF BEGINNING along said Northeasterly line of Elm
Street South 64' 30'00" East, 12.00 feet to the TRUE POINT OF BEGINNING; thence
leavino said TRUE POINT OF BEGINNING and said Northeasterly line North 22'
00'00" West, 17.69 feet to a point on the Southeasterly line of North Santa Cruz
Avenue; thence alona said Southeasterly line North 20' 30'00" East 59.72 feet;
thence leaving said Southeaserly line South 61' 24'00" East 12.14 feet; thence
continuing alona the oerimeter of the proposed buildina the following courses
and distances; South 28' 36'00" West 14.33 feet; South 61' 24'00" East 3.50
feet; South 28' 36'00" West 13.67 feet; South 61' 24'00" East 3.50 feet; South
28' 36'00" West 15.00 feet; South 61' 24'00" East 36.25 feet; North 28' 36'00"
East 2.00 feet; South 61' 24'00" East 36.25 feet; thence leaving said buildina
line South -28'- 36'00" West 10.40 feet to said Northeasterly line of Elm Street;
thence along said Northeasterly line North 64' 30'00" West 73.16 feet to the
TRUE POINT OF BEGINNING. Containing 1715.24 squae feet, more or less.
,.A
I
0
r
to
8
N
0
il"
' =N C
L X4.40'
5.28 "3�'a
to.
Nx`
ni
8
N
s
�• ?P�3�cY� "E. Z.Gb
tt` tc
8 8 g
e
s i5.00'�
15.Gt�'
N, 2oo�a�00
PL_, ,T
o'
,a
9
.o
15'
0
0
"
A\,/F,W U'
-p_XNI6%T
bI.
`E—
V
(Au E two t *+7 or
6EC�tuutu4
— OII1..tt�� OF
��falUi.11NU
hGaLF, : V'= 2,0'