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2004-136-Authorizing The Town Manager To Enter Into An Agreement Between The Town Of Los Gatos And La Rinconada Country For Curb Gutter Sidewalk And Storm Drain Improvements Along Wedgewood AvenueRESOLUTION 2004-136 RESOLUTION OF THE TOWN COiTNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER-INTO AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND LA RTNCONADA COUNTRY FOR CURB, GUTTER, SIDEWALK, AND STORM !DRAIN IMPROVEMENTS ALONG WEDGEWOOD AVENUE WHEREAS, on 'September 7, 2004, the Town 'Council adopted Resolution 2004-115 denying appeal of the Planning Commission's decision to approve a requestto expand membership, provide outside seating for the restaurant and snack shop, and to demolish an existing pro-shop to add onto, construct new outbuildings, expand and upgrade landscaping :and parking. facilities, .and to remodel and add onto an existing club house; and WHEREAS, The .applicant's project consists of an addition of 3,700 square-feet of structure on their 125 acre site; and WHEREAS, it is in the best interest of the Town of Los Gatos to.enter into an agreement with the La Rinconada Country Club for curb, gutter, sidewalk, and storm drain improvements along Wedgewood Avenue; and WHEREAS, the Town of Los Gatos is willing to pay for the .design and construction of storm drain improvements on Wedgewood Avenue.; and WHEREAS, the Town Council has reviewed the .agreement between the Town of Los Gatos and the La .Rinconada Country Club attached as (Exhibit A). NOW, THEREFORE, BE IT RESOLVED THAT the Town Council hereby approves. the Agreement between the Town and the La Rinconada Country Club. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 15'h day of November, 2004 by the following vote: COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AOR.~EMEI~TT TO CO~T~TRIUCT C~U1tI3, OUT'TElft, ~~D~'W.A.L,I[~, AID STOP DRAII~T O~1 WED~E'4~OOD A°VEl~UE 14595 Cl~a~view Dave, Las Gatos, ~alifornata A.P.N. 409-29-018 This Agreement (the "AGREEMENT") is made and entered into as of this day of , 2004 by and among the Town of Los Gatos,. a municipal corporation, County of Santa Clara, State of California (the "TOWN") and La Rinconada Golf Club, Ina. {the "LESSEE"). RECITALS A. Maxine L. Nevin, Trustee (the "OWNER"), residing at .1.114. Calle Venezia, San Clemente, California 92672, owns that certain real property located at 14595 Clearvew Drive, Los Gatos, California. The Owner entered into a 99 year lease with the La Rinconada Golf Club, Inc. {the "LESSEE") on November 7, 1952. The lease commencement date was October 1'S`, 1952. B. The'Town Council adoptedResalution 2004-115 on September 7, 2004 denying appeal of the Planning Commission decision approving a request to expand membership, provide outside seating for the restaurant :and snack shop and to demolish an existing pro-shop, to .add onto and construct new outbuildings, expand and upgrade landscaping and parking facilities and to remodel and add onto an existing club house (Architecture and Site Application: 5-04-026 and Conditional Use Permit: U-04-99). C. Condition No. 30 of the Conditions of Approval for the Architecture and Site Application contained in .Resolution :2004-115 requires the LESSEE to enter into an agreement with the TOWN prior to issuance of a building permit. NOW, THEREFORE, in consideration ofthe mutual promises apd agreements set .forth below, the parties hereto agree as follows: A.GREElYIE~TT 1. PUBLIC .IMPROVEMENTS. The following improvements shall be installed by the LESSEE. Plans for those improvements shall be preparedbya California registered civil engineer, reviewed and approved by the TOWN, and guaranteedby Faithful Performance .Security and Labor & Materials Security, as specified below, p~~ior to issuance of an encroachment permit. The improvements must be completed and accepted by the TOWN within 6 months of issuance of a Certificate of Occupancy for any new or remodeled buildings. 2. A. Wedgewood Avenue: Curb, gutter, sidewalk, curb-ramps, tie-in paving, sighing, and striping on the south side of Wedgewood Avenue to provide a 15-foot half street paved width between Mulbeny and Wimbledon. Exh9bit: /~ (~ ~ _ 3. PUBLIC STORM.DRA]N. The LESSEE shall contract out the designand construction of public storm drain between Mulberry Drive anti Wimbledon .Drive. The TOWN will reimburse the LES SEE far storm drain topography and design up to a maximum amount of$13,?S0, far constiuction up to a maximuxn amount of $1 b0,000, and for construction engineering/surveying up to a maximum amount of $2,500. In no event wild the LESSEE be responsible far funding public stoi~n drain improvements or design. The public storm drain shall be constructed concurrently with the Wedgewood Avenue curb, gutter and sidewalk. The design shall conform to the following general scope of work: a) Provide .construction signage and Traffic control. One way traffic must be kept open aT all times. b) Clear and gnib the site. c) Trirn trees as needed for the construction of the project. d) Any trees that are to be removed per Town Arborist will be removed by Town crews. e) Furtllsh'and install 1,SOO LF of 18" IHDPE.storm drain pipe (tlie pipe will be placed approximately in a trench which is currently an open ditch). Connect this pipe To the existing manhole on Wedgewood Avenue .near Wimbledon Drive. No headwalls and junction stilictures will be built in This project. f) Furnish .and install 4 Catch Basins per Town Standard plan # 303 along the back of the new sidewalk. g) Furnish and insta114 :Standard Curb inlets per Town Standard plan # 301 along the new curb line. h) Contractor shall furnish Labor, Materials, and performance bonds far storm drain components ofthe project. i) .Install 1,500 Lf of Concrete Curb & Gutter per Town Standard plan # 210. h) Install 1,500 LF of Concrete Sidewalk (5' wide) per Town Standard ;plan # 216. j) Widen WedgewoodAvenue along the Country Club frontage as stated on the above project limits to achieve a 15' widetraveled lane from center line to lip of gutter. The pavement section for this widening shall be a minimum of 3" AC over 6" AB. k) Any striping wi11 be done by the Town and is not included in this ,scope of work. 4. REIMBURSEMENT. The TOWN` shall reimburse the LESSEE for construction of the Wedgewood public storm drain within 60 days after the acceptance of the project by the Town. 5. ARBORIST. The TOWN will provide arbarist services and special details needed to mitigate tree impacts. 6. PUBLIC TREE REMOVAL. The TOWN will xemove trees within the public right of way as needed to construct the pubic storm drain and sidewalk. The LESSEE is responsible for other tree removals. The Town will waive tree removal permit fees for trees removed to accommodate the public improvements. 7. DEDICATIONS. T'he LESSEE shall dedicate a public access easement as required to encompass the Wedgewood Avenue sidewall~. The easement shall be recorded prior to release of public improvement security bonds. 8. WEDGEWOOD AVENUE .DRIVEWAY. The LESSEE shall widen .and re-align the driveway on Wedgewood Avenue near Mulberry Drive .and recess the gate a minimum distance of 25-feet from the Wedgewoad right of way to facilitate truck movements into and out ofthe site. Driveway modifications may require relocation to align the driveway with Mulberry Drive. Tl1e developer shall demonstrate that the new dr7veway configuration can accommodate a transfer truck and a WB-50 truck. The driveway modifications shall be completed within 6 months of issuance of a Certificate of Occupancy. 9. INTTIAI., PUBLIC IMPROVEMENT SECURITY. The LESSEE or his contractor.shall supply suitable securities for all public improvements that are a part of the development in a form acceptable to the Town in the amount of $80,000 (perfarnnance) and $80,000 (labor and material) prior to issuance of,a cerCificate of occupancy. The public storm drain to be funded by the Town shall notbe included in this security. The LESSEE shall provide two (2) copies of documents ver7fying the cost ofthe public improvements to the satisfaction of the .Engineering Division of the Parlcs and Public Works Department. 10. SUBSEQUENT PUBLIC IlVIPROVEMEN'~ SECURITY. The contractor shall supply suitable securities for the Town funded storm drain in a form .acceptable to the Town in the amount of $80,000 (performance) and $80,000 (labor and material) prior to issuance of an encroachment permit, The LESSEE'S contractor shall provide two (2) copies of dacuznents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. l 1. ANNEXATION. The .LESSEE shall annex parcel 40~-29-018 within 6 months of issuance of a certificate of occupancy, 1~. TRAFFIC CONTROL. The LESSEE shall contract the ~woxk such that two way traffic will be maintained on Wedgewood Avenue at all times. A. single lane may be closed during work hours if safe traffic control is provided to allow alternating. one way traffic through the work zone. 13. BID PROCESS. The LESSEE shall obtain eornpeting bids from three mutually agreeable contractors. The TOWN and LESSEE shall review the bids and the selection shall be mutually agreeable. The Town's requirements of prevailing wages shall apply to :all construction work that will take place for Town .funded storm drain improvements. IN Wl'TNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. TOWN OF LDS GATOS, BY: L~ss~~, BY: Debra J~. Figone, Town Manager Recommended by: John Curtis, Director Parks and Public Works Rick Forney, General Manager La Rinconada Golf Club, Inc, .ATTEST: Approved as to Form: Orry I'. Korb, Town Attorney Marlyn J, Rasmussen, CMC Clerk Administrator Town of Los Gatos