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04 Staff Report - 15931 Union Avenue~pW N 0 X03 G A'S0' COUNCIL AGENDA REPORT MEETING DATE: 2/20/07 ITEM NO: ~ DATE: FEBRUARY 8, 2007 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: TRACT NO. 9277 - LASUEN COURT (15931 UNION AVENUE) ADOPT RESOLUTION ACCEPTING WORK OF UNION AVENUE DEVELOPMENT, LLC, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR. RECOMMENDATION: Adopt the attached resolution accepting work of Union Avenue Development, LLC, and authorizing the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. BACKGROUND: The developer, Union Avenue Development, LLC, submitted an application in 1999 to subdivide a two acre parcel into six lots and to demolish one single family home. The Planning Commission approved the tentative map (M-99-009) on February 9, 2000, and the Town Council approved the final map (Resolution 2001-8) on February 5, 2001. Grading and encroachment permits were issued on January 24, 2002 (EN-00-166). DISCUSSION: Public improvements to be accepted as complete include the extension and widening of Lasuen Court and the widening of Union Avenue together with the associated utilities needed to serve the project. The Lasuen Court improvements included construction of the northern half street section, extension of the entire cul-de-sac to the west, construction of curbs, gutters, sidewalks, driveways, street lights, paving, signing, striping, storm drainage, and sanitary sewers. PREPARED BY KEVIN ROHANI Interim Director of Parks and Public Works Reviewed by:'` Assistant Town Manager _.r° Town Attorney Clerk Administrator - Finance Community Development N:AB&E\COUNCIL REPORTSMact 9277Acceptance.doc S,e ;,;1 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: TRACT NO. 9277 - LASUEN COURT (15931 UNION AVENUE) FEBRUARY 8, 2007 CONCLUSION: This project is now ready for full approval and acceptance by the Town. 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. FISCAL IMPACT: There is no direct known fiscal impact associated with accepting these previously required public improvements. However, once accepted these improvements become part of the Town's infrastructure which must be maintained. The future costs are not known at this time. New development in the subdivision will yield new property tax revenues to the Town in future years. At this time, the Town receives approximately 9.6% of every dollar of local property tax paid to the County Assessor's Office. Attachments: Resolution accepting work of Lasuen Court (with Exhibit A - Certificate of Acceptance and Notice of Completion) ili ctrihrntinn Union Avenue Development, LLC, Mark Tersini, 21710 Stevens Creek Boulevard, Suite 200, Cupertino, CA 95014 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF UNION AVENUE DEVELOPMENT, LLC AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR WHEREAS, the Parks and Public Works Department of the Town of Los Gatos issued Encroachment Permit EN-00-166 on January 24, 2002 pursuant to the February 9th, 2000 Planning Commission approval of Subdivision Application M-99-009, and the February 5, 2001 Town Council approval of Tract No. 9277 - Lasuen Court (15931 Union Avenue); WHEREAS, Union Avenue Development, LLC has satisfactorily completed the public improvements generally consisting of the extension and widening of Lasuen Court, widening of Union Avenue, and construction of utilities needed to serve the project. The development is now ready for final approval and acceptance by the Town of Los Gatos; WHEREAS, the work performed under Permit EN04-052 is hereby accepted as complete pursuant to the plans and specifications approved for the project; NOW THEREFORE BE IT RESOLVED, that the Town Manager is authorized and directed to execute the Certificate of Acceptance and Notice of Completion attached hereto as Exhibit A; BE IT FURTHER RESOLVED, 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 20th day of February, 2007 by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Recording Requested By: Town of Los Gatos When Recorded Mail To: Clerk Administrator Town of Los Gatos P.O. Box 949 Los Gatos, CA 95031 Record without fee pursuant to Government Code Section 6103 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION Tract No. 9277 - 15931 Union Avenue TO WHOM IT MAY CONCERN: We do hereby certify that Union Avenue Development, LLC completed the work generally consisting of the extension and widening of Lasuen Court, widening of Union Avenue, and construction of utilities needed to serve the project. The work was completed in October 2005, and is commonly known as Tract No. 9277 - Lasuen (15931 Union Avenue) The Surety on the bond accompanying the contract/agreement is: American Motorists Insurance Company Bond Number: 3SM 986 327 00 Bond Dated: 12/14/2000 TOWN OF LOS GATOS By: Interim Director of Parks and Public Works B v: Town Manager ACKNOWLEDGEMENT REQUIRED AFFIDAVIT I, DEBRA J. FIGONE, the Manager of Town of Los Gatos, has read the foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and knows the contents thereof. The same is true of my 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 of perjury that the foregoing is true and correct and that this declaration was executed on , 2007 at Los Gatos, California. Debra J. Figone Town Manager RECOMMENDED BY: Kevin Rohani, Interim Director Parks and Public Works Department Date: APPROVED AS TO FORM: Orry Korb Town Attorney Date: JURAT REQUIRED