1987-189-Denying Occupancy Approval-Granting Temporary Certificate Of Occupancy With ConditionsRESOLUTIO14 140: 1987 -189
RESOLUTION GRANTING APPEAL FROM DECISION OF BUILDING
OFFICIAL DENYING OCCUPANCY APPROVAL - GRANTING TEMPORARY
CERTIFICATE OF OCCUPANCY WITH CONDITIONS
(160 Happy Acres - John W. Elliott)
WHEREAS:
1. John li. Elliott has appealed a decision of the Building
Official as follows: Denial of certificate of occupancy based on failure
to complete construction requirements.
2. A public hearing was held on October 19, 1987.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the appellant has not
completed all the items required for construction and that Building,
Engineering, Parks and Planning Departments had placed a hold on issue of
the certificate of occupancy.
2. The Town Council further finds that the appellant has filed a
request with the Planning Commission to modify the approval granted for
construction concerning the equestrian /pedestrian easement on the
property.
3. The Town Council further finds that a final decision
concerning the equestrian /pedestrian easement would not be rendered prior
to the ordinance mandated cut -off date for grading.
4. The Town Council further finds that adequate temporary erosion
control measures can mitigate the damages imposed by inadequate and
incomplete drainage and grading.
5. Based on the foregoing findings, the appeal is granted to the
extent that a temporary certificate of occupancy be granted subject to the
appellant posting a bond in the amount sufficient to cover the cost of
construction of all the uncompleted improvements.
Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking
judicial review for the Town Council decision is governed by California
Code of Civil Procedure Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 2 day of November
1987 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson,
Thomas J. Ferrite, Robert L. Hamilton, and Mavor
Brent N. Ventu
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL HEMBERS None
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF 7HY TOWN OF FLOS GAINS
-2-
After recording please return to:
Mary Jo Levinger
Town Attorney
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95030
a
No Fee - Government Code Section 27383
AGREEMENT
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 ", and JOHN
and MARSHA ELLIOTT, hereinafter called "OWNERS ", respectively,
and is made with reference to the following facts:
On October 19, 1987, the Town Council approved issuance of a
temporary certificate of occupancy for the ELLIOTT family of the
residence at 160 Happy Acres Road, Los Gatos, California.
provided that the ELLIOTTS delivered to the Town a bond or letter
of credit to secure completion of certain Planning Commission
conditions of building permit approval imposed upon the Elliott
property. (The property is further described in Exhibit "A"
hereto.)
The items to be completed required by the Town and the
estimated costs of completion are set forth below:
1. Tree planting
2. Drainage work
(a) Backfill of low spots on East
side of driveway entrance
(b) Installation of two backyard
catch basins
(c) Cover of foundation footing on
North side of house
1
(d) Concrete sack rip -rap drain
above existing drywell South
side of driveway (to be required
only if the Owners' engineer will
not verify, in writingr to the
Town the adequacy of the existing
drywell installation)
3. Improvement of equestrian trail
TOTAL . . . . . . . . . . . . . . . . . . . . . . $11.000.00
The Town requests that the above items be completed on or
before June 1. 1988.
WHEREFORES the parties agree as follows:
1. Prior to occupancy the Owners will furnish the Town with
a letter or letters of credit in the amount of $11x000 to cover
the cost of construction of the improvements listed herein in the
event the Owners fail to complete said improvements by the date
set forth. The Owners hereby grant the Town the right of entry
to complete improvements if Owners fail to effect them by the
completion dates set forth herein. Said letter or letters of
credit will also serve to secure payment of the claims of
laborers, materialmen, and suppliers engaged in providing
supplies or services for performance of the work described
herein.
2. Furnishing of the above letter or letters of credit is a
necessary prerequisite to the occupancy and use of the property
in the manner proposed by the Owners and no certificate of
occupancy shall be issued until the securities required by this
agreement are posted.
3. This letter of credit shall remain in effect until such
times as the items are completed to the satisfaction of the Town
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Engineer, at which time the letter of credit shall be reduced in
amount to 10% of its face value ($1,100) - said sum to secure
the Owners' obligation to correct any deficiency in the work or
to remedy any default.
4. Upon completion of an item set forth herein the Town
releases its interest in the subject letter or letters of credit,
and the same will be revoked by the issuing financial
institution, save and except the 10% one year retention (in the
amount of $1,100) referred to above. Within a reasonable period
Town shall
of time, /provide the financial institution issuing the letter of
credit a letter certifying completion and approval.
5. The Owners, at their sole cost and expense, for the term
of this agreement, shall obtain and maintain insurance coverage
required by the Town ($500,000 per person, $1400,000 per
occurrence, and $200,000 property damage) and provide an
insurance carrier's certificate evidencing: (a) the minimum
coverage is in effect; (b) that the Town and its officers and
employees are additional named insureds on the policy of
insurance; and, (c) that the policies will not be changed or
cancelled without thirty (30) days prior written notice to the
Town.
6. The Town promises to provide the Owners and the
financial institution issuing the letter of credit with an
accounting of all monies drawn upon the letter of credit, in
writing, within thirty (30) days of the receipt of said funds.
7. The Owners are posting the subject of credit under
protest. The Owners do not agree that the items of work on the
3
subject property specified in this agreement are required of them
by law, nor do they agree that said items are specified on the
approved plan for 160 Happy Acres Road. The Owners expressly
reserve and do not waive any rights or remedies they have at law
to contest the items set forth herein.
8. In the event of litigation to enforce the terms of this
agreement, the prevailing party shall be entitled to recover its
costs
and reasonable
attorneys fees and expen4es
Dated:
//- /2 -F 1
By:
Mayor, Town of Los Gatos
Dated:
/L
By:
Town Clerk, Town of s Gatos
Dated:
i; ;, J
By:�
pe-
Town Attd y-,-' Town'. of Los Gatos
,3
Dated •
By
John W: Elliott
Dated:_
By:
Marsha P. Elliott
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLARA )
On this the - 'day of October 19871 before me, SUSAN S.
PRICE, the undersigned Notary Public, personally appeared JOHN W.
ELLIOTT, personally known to me to be the person whose name is
subscribed to the within instrument, and acknowledged that he
executed it. WITNESS my hand and official seal.
WO
=T�' ORNIA TY Icoo SUSAN S. PRICE
4
EXHIBIT "A"
All that real property situate in the Town of Los Gatos, County of Santa
Clara, State of California, described as follows:
Lot 5, as shown on that certain map entitled "Tract No. 6118 ",
recorded on May 25, 1968 in Book 419 of Maps at Pages 11 and 12,
Santa Clara County Records.
Property Address: 160 Happy Acres Road
APN: 537 -23 -055