CR 12-20-04 08
DATE: TO: FROM: COUNCIL AGENDA REPORT DECEMBER 9,2004 MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 12/20/04 ITEM NO. 8 SUBJECT: TRACT NO. 9368 -17975 FOSTER ROAD
ADOPT RESOLUTION ACCEPTING WORK OF MCCARTHY LAND COMPANY, LLC, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY CLERK ADMINISTRATOR
RECOMMENDATION: Adopt resolution accepting work of McCarthy Land Company, LLC, and authorizing the Town Manager to execute Certificate ofAcceptance and Notice ofCompletion for recording
by the Clerk Administrator. BACKGROUND: The developer, McCarthy Land Company, LLC, requested approval ofa six lot planned development subdivision on the south end of Foster Road, at
the site ofthe former Guadalupe College. On July 2,2001, the Town Council approved Planned Development Ordinance 2088. The Tentative Map (M-01-8) was approved by the Planning Commission
on November 8, 2001. The Final Map was approved by the Town Council on the 6th day of January, 2003 as Resolution 2003-003. DISCUSSION: Tract No. 9368 (17975 Foster Road) development
consists of new street construction including construction of the associated curb, gutter, sidewalk, paving, catch basins, pipes, culverts, storm drains, sanitary sewers, street lighting,
street trees, street signs, a water system and fire hydrants. All improvements were within the new public streets and dedicated public easements. Work on this project was satisfactorily
completed in November 2004, and is now ready for final approval and acceptance by the Town. Reviewed by: f5J Assistant Town Manager ]2LTown Attorney __Clerk Administrator ___Finance__Community
Development Revised: 12/9104 10:29 am PREPARED BY: Reformatted: 5/30102 JOHN E. CURTIS Director of Parks and Public Works N:\B&E\COUNCIL REPORTS\Accept Tr 9368.wpd
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: TRACT NO. 9368 -17975 FOSTER ROAD DECEMBER 9,2004 ENVIRONMENTAL ASSESSMENT: This activity is a project as defined under the California Environmental
Quality Act (CEQA), but is ministerial, therefore no further action is required under CEQA. CONCLUSION: This project is now ready for full approval and acceptance by the Town. FISCAL
IMPACT: No direct fiscal impact of the Town of Los Gatos is perceived as a result of this project. Attachments: Resolution accepting work of McCarthy Land Company, LLC (with Exhibit
A -Certificate of Acceptance and Notice of Completion) Distribution: McCarthy Land Company, LLC, Joe McCarthy, P.O. Box 361256, Milpitas, CA 95063
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF MCCARTHY LAND COMPANY, LLC. AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE
AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR WHEREAS: 1. The Town Council approved the final map for Tract No. 9368 -17975 Foster Road on the 6th day of January,
2003 as Resolution 2003-003. 2. McCarthy Land Company, LLC has satisfactorily completed the public improvements consisting of construction and installation of curbs, gutters, sidewalks,
paving, catch basins, pipes, culverts, storm drains, sanitary sewers, street lighting, street trees, street signs, a water system and fire hydrants, as required by the final map, and
the development is now ready for final approval and acceptance by the Town. RESOLVED: A. The work on Tract No. 9368 by McCarthy Land Company, LLC is hereby accepted as complete. B. The
Town Manager is authorized and directed to execute the Certificate of Acceptance and Notice of Completion attached as Exhibit A hereto. C. The Clerk Administrator is directed to transmit
this Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for recording.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: day of SIGNED: , 2004
by the following vote. MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
PLEASE RECORD AND RETURN TO: Clerk Administrator Town of Los Gatos P.O. Box 949 Los Gatos, CA 95030 RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTION 6103 CERTIFICATE OF ACCEPTANCE AND
NOTICE OF COMPLETION Tract No. 9368 -17975 Foster Road TO WHOM IT MAY CONCERN: We do hereby certify that McCarthy Land Company, LLC completed the work in November 2004. The work generally
consists of construction and installation of curbs, gutters, sidewalks, paving, catch basins, pipes, culverts, storm drains, sanitary sewers, street lighting, street trees, street signs,
a water system and fire hydrants. The work was completed in November 2004, and is commonly known as Tract No. 9368 -17975 Foster Road. The Surety on the bond accompanying the contract/agreement
is American Motorists Insurance Company. Securities: Bank of America Account Numbers: #11683-00452 and #11680-00572 TOWN OF LOS GATOS By: _ Director of Parks and Public Works By: _ Town
Manager
I, DEBRA J. FIGONE, the Manager ofTown ofLos Gatos, have read the foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know the contents thereof. The same is true ofmy own
knowledge, except as to the matters which are therein alleged on information or belief, and as to those matters I believe it to be true. I declare under penalty ofpeIjury that the foregoing
is true and correct and that this declaration was executed on , 2004 at Los Gatos, California. DEBRA J. FIGONE, Town Manager Town of Los Gatos RECOMMENDED BY: Date: _ John E. Curtis,
Director of Parks and Public Works APPROVED AS TO FORM: Date: -----------Town Attorney
TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGMENT State of California County of Santa Clara On before me, MARLYN J. RASMUSSEN, Clerk Administrator, personally appeared DEBRA J. FIGONE, Town
Manager, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that
by her signature on the within instrument the entity upon behalfofwhich the person acted, The Town ofLos Gatos, executed the instrument. WITNESS my hand and official seal. (Clerk Administrator
of Los Gatos, California) CAPACITY CLAIMED BY SIGNER: Municipal Officer of the Town of Los Gatos DESCRIPTION OF ATTACHED DOCUMENT: Title of Document: Certificate of Acceptance and Notice
of Completion Tract No. 9368 -17975 Foster Road Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: Orry Korb, Town Attorney John E. Curtis, Director of Parks and
Public Works