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2018-046 - Approving Final Tract Map 10441 (North 40 Phase 1)RESOLUTION 2018 -046 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). 1of5 Resolution 2018 -046 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. 2of5 Resolution 2018 -046 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 3of5 Resolution 2018 -046 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. 4of5 Resolution 2018 -046 September 18, 2018 PASSED AND ADOPTED at a regular meeting of the Town Council held on the 18"' 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 j DATE: / ZI '? �Ie ATTEST: `�" TOWN CLERK ADMINISTRATOR. OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: qlaclaorg Sof5 Resolution 2018 -046 September 18, 2018