Attachment 3CLERKDEPARTMENT
Agreement for Payment of 3'ine ou Inrtallnent-Basis Peurlty A#fnt*-
Tbis Ag5eemcnt is dated for itlentifisation this 1o duy of August, 2010, andis mdeby}I'
between Dietq K. Scbmidt and Siurin F, Schmidt, the owners f'Owners') ofresidential real property
(APN 510-18-045),located at 130 h4assolAve. f?roprtt'), inthe Town of las Gatos, Califonda,
with reference to ihs following facts and agreanenh.
I- RECITAI,S
l.r Owners own rcsidential real propertylocated at 130 Massol Avenue and on July 3. 2008
appliod for approval to relocate au existing skucture and construct a second story additior:"
as wsll as a to construct a new detached accessory stnrcture exceeding 450 square feet.
t.2 After a llistoric Presewation Comminee recommendation on July 17, 2008, the Tnwn'$
Develop,meirt R"eview Commitlee approvod the project on May 19,2009, subject to
conditions of apprnval, which requirod presqrrstion of the historic portion of the struchre
and imposing detailed eonditions thereorr
1.3 On July 2, 1010, the 1'own became aware of the technical demolition of the Historic
strucfure, which rvas a contributing sbrrcfure to Almond Grove Historic Disbict and was not
approvcd f<rr dcrnolition"
1.4 Trrwn Code requirea permits fur demolition of structures in a historic dishict (Town Code
29.80.260) and provides penalties for uolawftl demolition {Town Code 29.10.09030).
1"5 Owners and Town have comc to an agreament that a fine is due and payable afld have
*greed t0 Bn arnount to be fined.
1.6 Owner.r have requested a payment sdredule, which will be provided fot in tlris Agreuncnt.
II. PAYIIICNTSCIIET'ULB)
Owners dei herehy conlirm that a penalty of $82,950 is due and owing as a reult of owners'
violation of the llistoric Preervation Ordinance.
Owners agree to pay said sum without further dispute and agrees to the further covenants
and promises in this agreement.
In Exchange for the agreement to set forth tbe amount of the penalty and agreeing to pay
said p:nalty,'Iown will agree to acce6rt payment in four equal installments, as provided for
in this Agre€fi?ent.
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ATTACHMI1NT 3
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2.4 Town's acceptance of &is payment plan is also conditioned upon owrer fu1ly complying
with alt Town oode.c and conditions imposed on this project until Xhis pttject is complete
and signd offbyTown.
Owners agrces to rnakepaynents pursuafltto the fallowing schedule:
A. On or before the issuance of the revised building pemit, Owner shall pay the sum of
$20,737.50.
B. On or before the foundation inspcctiorq Owner strall pay a sunr of $20,737.50.
C. On or before the sub-floor inspcction, Owner shall pay a 3um of $20,737.50.
S. On orbefore the Saming in"+pection, Owner shall pay a sum of $20,73?.50.
III. FAILURN TO MAKB PAYIVTENTS
3. I If Own3r fuilg to make paymen! 'lbwn may use whfltever remedy at law or oquity nnrl
enforce this Agreernent and Ovmers exprassly authorizes Town to issue rtop.work orders on
the Project or to withho'ld inspectinn* until a proper palmcrit is made. If for any reasotr a
paymeirt is madc with a cherk and the check does not clear irnmediatelg'I'own shall have
all of the sarneremedies.
3.2 Debt Owed To thc Town - ln the event (he Owners fails to pursue the pmject, or raake the
pa)4aents as provided in this Agreement, Owners suthorizes Town to record notice of the
outstanding amoirnt owing to Town and that said outstanding amount shall accrue interest r*
the rate of 10% per urnum.
3.3 Outside Time Of * Noavithstanding any of the foregoirg, it is contenrplxion of the parties
that tlre Owncrs will proceed with ths projeet. However, if Owners for any rea.son does not
pursue pmj€c1 the total amount of the penalty yet unpaid, including the total amount of
$82,950 sha[ be due and payable on or befiore June l, 201 1.
W. GENERAL TERMS I
4.1 Notices. Any noticetequired to be given shall be deemed to be duly andproperly gr* if
mailed postsge prepai{ and addressed to:
Town of Los Gatos
Attrr: Town Attorney's Offico
110 E. Main Slreet
Los Gatos, CA 95030_l
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or pf,rsonally delivored to Owners to such address or such other address as Owners
designate in writing to Town.
Joint and Several Liability. The undersigned &rners are jointly and swsally liable frr:
all obligations undsr this Agreenrcnt, mgardless of who is in possession of the Property,
Entire Agrecmqtt. This Agreement constifiltes the complete nnd exchsive statement of
the Agreement between the Town and Owners. No terms, conditions, uodarstandirgs or
agreennents purportitlg to modi or rrary this Agreecrort, unless hereafter made in
writing and signod by the party to be bound, shall be binding on cither party.
FOR. TOWN:OWNERS:
r.
Dietcr K.
,% x*,,)
&e1fftwuTown Manager
RECOMMENDED BY:
WendicRoon*y,
Director of Community Development
APPROVED AS TO FORM:
D. Martello,
lnterimTown Attrrney
ATTBSTFOT.ar Lo$ 0ATos