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Staff Report PREPARED BY: LISA PETERSEN Assistant Public Works Director/ Town Engineer Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 05/07/2019 ITEM NO: 9 DATE: APRIL 26, 2019 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION ACCEPTING THE COMPLETED WORK OF TAYLOR MORRISON OF CALIFORNIA, LLC FOR IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY FOR 375 KNOWLES DRIVE AND AUTHORIZE RECORDING BY THE TOWN CLERK RECOMMENDATION: Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion (Attachment 1) accepting the completed work of Taylor Morrison of California, LLC for improvements in the public right of way for 375 Knowles Drive and authorize recording by the Town Clerk. BACKGROUND: On October 17, 2014, the Town Council adopted Ordinance 2234 approving Planned Development application PD-13-002. Ordinance 2234 changed the zoning from O (Office) to O:PD (Office, Planned Development) and allowed for the construction of 29 market rate single- family detached residences as well as 4 BMP units (two moderate income units and two low income units). The adopted ordinance also allowed for the construction of the improvements as outlined in the Planned Development. On December 15, 2015, the Town Council approved the final map for Tract No. 10292 – 375 Knowles Drive, accepting the dedications and authorized the Town Manager to execute the Subdivision Improvement Agreement for public improvements. PAGE 2 OF 3 SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION ACCEPTING THE COMPLETED WORK OF TAYLOR MORRISON OF CALIFORNIA, LLC FOR IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY FOR 375 KNOWLES DRIVE AND AUTHORIZE RECORDING BY THE TOWN CLERK DATE: APRIL 26, 2019 S:\COUNCIL REPORTS\2019\05-07-19\375 Knowles\Staff Report.docx 5/1/2019 11:02 AM SH BACKGROUND (continued): On February 10, 2016, Taylor Morrison of California, LLC, entered into a Subdivision Improvement Agreement with the Town, provided the three required bonds (Faithful Performance Bond, Labor and Materials Bond, and Subdivision Monuments Bond) to guarantee the construction of all improvements, and paid the appropriate fees to fully comply with the previously imposed development conditions and Town ordinances. The following public improvements were required to be completed by Taylor Morrison of California, LLC: 1. Knowles Drive: Installation of curb, gutter, sidewalk, tie-in paving, signing, striping, storm drainage and sanitary sewer. 2. Capri Drive: Installation of curb, gutter, sidewalk, tie-in paving, signing, striping, storm drainage and sanitary sewer. 3. Construction of all curb ramps in compliance with ADA Standards. DISCUSSION: Taylor Morrison, LLC has satisfactorily completed all of the work for the project and staff recommends project acceptance. Five percent of the faithful performance bond will remain in effect for a period of two years as guarantee for any needed repair or replacement caused by defective materials and workmanship. The execution and recordation of the Certificate of Acceptance is now required to finalize the Town's acceptance of the project. CONCLUSION: Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the completed work of Taylor Morrison of California, LLC for improvements in the public right of way for 375 Knowles Drive and authorize recording by the Town Clerk. FISCAL IMPACT: There is no direct known fiscal impact associated with accepting these previously required public improvements. Once accepted, these improvements become part of the Town’s infrastructure which must be maintained. PAGE 3 OF 3 SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION ACCEPTING THE COMPLETED WORK OF TAYLOR MORRISON OF CALIFORNIA, LLC FOR IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY FOR 375 KNOWLES DRIVE AND AUTHORIZE RECORDING BY THE TOWN CLERK DATE: APRIL 26, 2019 S:\COUNCIL REPORTS\2019\05-07-19\375 Knowles\Staff Report.docx 5/1/2019 11:02 AM SH ENVIRONMENTAL ASSESSMENT: An Environmental Impact Report (EIR) was previously prepared for the project as required by the California Environmental Quality Act (CEQA). The Environmental Impact Report was certified and the Mitigation Monitoring and Reporting Program adopted by Town Council on September 16, 2014. Attachment: 1. Certificate of Acceptance and Notice of Completion Distribution: Tyler Kaushagen, Taylor Morrison – 4309 Hacienda Drive, Suite 450, Pleasanton, CA 94588 Jennifer Besmer, Taylor Morrison – 4309 Hacienda Drive, Suite 450, Pleasanton, CA 94588