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Resolution 2018- September 18, 2018
RESOLUTION 2018-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING FINAL MAP OF TRACT NO. 10441 (NORTH 40 PHASE 1), ACCEPTING THE
DEDICATIONS, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS, LANDSCAPE MAINTENANCE AGREEMENT FOR THE DEVELOPMENT’S
MAINTENANCE OF VEGETATED AREAS WITHIN THE PUBLIC RIGHT-OF-WAY, PUBLIC
STORM DRAINAGE CONVEYANCE AGREEMENT TO ALLOW FOR THE CONVEYANCE OF
PUBLIC STORM DRAINAGE THROUGH THE PRIVATE ON-SITE STORM DRAIN SYSTEM,
AND PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY AGREEMENT FOR
MAINTENANCE OF PRIVATE IMPROVEMENTS IN THE TOWN RIGHT-OF-WAY, IN
SUBSTANTIAL CONFORMANCE WITH THE CONDITIONS OF APPROVAL AND SUBJECT
TO FINAL TOWN ATTORNEY APPROVAL
WHEREAS, on August 1, 2017, the Town Council of the Town of Los Gatos approved the
Vesting Tentative Map Application M-13-014, with conditions; and
WHEREAS, those conditions required the Owner or Subdivider to do the following:
1. That prior to the delivery of said Map to the Owner of said subdivision, and prior to its
recordation, the Owner or Subdivider of said subdivision shall enter into and execute an
agreement between the Town of Los Gatos and the said Owner or Subdivider on that
certain proposed subdivision agreement ("Subdivision Agreement") on file in the Office
of the Town Clerk, entitled, "Subdivision Improvement Agreement Between The Town of
Los Gatos and SummerHill N40 LLC", wherein the Owner or Subdivider in consideration
of the approval of said Map by the Town and acceptance by the Town of the dedication
of lands for public use therein contained, shall agree to construct and complete, within
the time specified in said agreement, all street and other improvements required of
Owner or Subdivider under the provisions in Chapter 27 of the Code of the Town of Los
Gatos, and such other street, storm drain, sanitary sewer, or other improvements
designated or mentioned in the Subdivision Agreement and/or and as specified in the
Plans and Specifications for Tract No. 10441 (North 40 Phase 1).
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Resolution 2018- September 18, 2018
2. That said Owner or Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition precedent to the recordation thereof, furnish to the Town and
file with the Town Clerk cash, or a good and sufficient bond in form to be approved by the
Town Attorney, securing the faithful performance by said Owner or Subdivider of all work,
and the construction of all improvements herein in the Subdivision Agreement, and within
the time herein specified, the amount of cash or said bond to be Twenty Million, Five
Hundred Eighty Five Thousand and 00/100 Dollars ($20,585,000.00).
3. That said Owner or Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition precedent to the recordation thereof, furnish to the Town and
file with the Town Clerk cash, or a good and sufficient bond in form to be approved by the
Town Attorney, securing the faithful performance by said Owner or Subdivider of setting
and relocation of all monuments shown and noted on said Tract Map, and within the time
herein specified, the amount of cash or said bond to be Ten Thousand and 00/ 100 Dollars
($10,000.00).
4. That said Owner or Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition precedent to the recordation thereof, furnish to the Town and
file with the Town Clerk certificates or policies of public liability and property damage
insurance in form satisfactory to the Town Attorney, providing public liability insurance in
the amount of Two Million ($2,000,000.00) Dollars for each person, and One Million
($1,000,000.00) Dollars for each accident or occurrence, and property damage coverage
of Two Hundred Thousand ($200,000.00) Dollars whereby the Town of Los Gatos, and in
their capacity as such, its Council members, officers, boards, commissions, and its
employees will be insured, indemnified , and held harmless from any and all claims of any
kind or nature arising or resulting from the construction of said improvements or other
work of subdividing within or outside the said subdivision, and/or arising or resulting from
or concerning the doing or failing to do so by said Owner or Subdivider of all things
required to be done in the Subdivision Agreement between said Owner or Subdivider and
the Town of Los Gatos.
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Resolution 2018- September 18, 2018
5. That prior to the delivery of said Map to the Owner of said subdivision, and prior to its
recordation, the Owner or Subdivider of said subdivision shall enter into and execute an
agreement between the Town of Los Gatos and the said Owner or Subdivider on that
certain proposed subdivision agreement ("Landscape Agreement") on file in the Office of
the Town Clerk, entitled, "Landscape Maintenance Agreement", wherein the Owner or
Subdivider in consideration of the approval of said Map by the Town and acceptance by
the Town of the dedication of lands for public use therein contained, shall agree to
maintain the landscaping and irrigation within the portion of the public right-of-way along
Lark Avenue and Los Gatos Boulevard to which the project abuts, or other improvements
designated or mentioned in the Landscape Agreement and/or and as specified in the
Plans and Specifications for Tract No. 10441 (North 40 Phase 1).
6. That prior to the delivery of said Map to the Owner of said subdivision, and prior to its
recordation, the Owner or Subdivider of said subdivision shall enter into an Agreement
and grant to the Town of Los Gatos an easement ("Storm Drain Easement") on file in the
Office of the Town Clerk, entitled, "Grant of Public Storm Drainage Conveyance
Easement", wherein the Owner or Subdivider in consideration of the approval of said Map
by the Town and acceptance by the Town of the dedication of lands for public use therein
contained, shall agree to install storm drainage pipes, infrastructure and improvements,
which shall be privately maintained, allow the flow of other properties’ storm waters
through the project, and grant to the Town storm drain and drainage conveyance
agreements for the benefit of the public and/or and as specified in the Plans and
Specifications for Tract No. 10441 (North 40 Phase 1).
7. That prior to the delivery of said Map to the Owner of said subdivision, and prior to its
recordation, the Owner or Subdivider of said subdivision shall enter into and execute an
agreement between the Town of Los Gatos and the said Owner or Subdivider on that
certain proposed subdivision agreement ("Private Improvements Agreement") on file in
the Office of the Town Clerk, entitled, "Agreement for Private Improvements in the Public
Right-of-Way", wherein the Owner or Subdivider in consideration of the approval of said
Map by the Town and acceptance by the Town of the dedication of lands for public use
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Resolution 2018- September 18, 2018
therein contained, shall agree to construct and be solely responsible for the maintenance
of certain improvements in the public right-of-way, which improvements have been
approved by the Town, or other improvements designated or mentioned in the Private
Improvements Agreement and/or and as specified in the Plans and Specifications for Tract
No. 10441 (North 40 Phase 1); and
WHEREAS, the Owner or Subdivider has complied with the conditions of Vesting Tentative
Map Application M-13-014; and
WHEREAS, construction of the proposed project necessitates the dedication of property
to the Town of Los Gatos; and
WHEREAS, the Town of Los Gatos General Plan requires dedication of fee title for land
required for public streets.
NOW, THEREFORE, BE IT RESOLVED that the certain Final Map of Tract No. 10441 (North
40 Phase 1) in the Town of Los Gatos, dated August 2018, and prepared by MacKay & Somps Civil
Engineers, Inc., for approval by the Town Engineer of the Town of Los Gatos, is hereby approved;
all offers of land for public use therein made on said map are hereby accepted in fee title and
authorizing the Town Manager to execute the Subdivision Improvement Agreement, Landscape
Maintenance Agreement, Public Storm Drainage Conveyance Agreement and Private
Improvements in the Public Right-of-Way Agreement for Tract Number 10441 (North 40 Phase
1), in substantial conformance to the Conditions of approval as set forth above and subject to
final Town Attorney approval.
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Resolution 2018- September 18, 2018
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 18th day of
September 2018, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________