2008-067-Approving Final Map Of Tract No.9996-15344 National Avenue Accepting The Dedications And Authorizing The Town Manager To Sign The ContractRESOLUTION 2008-067
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING FINAL MAP OF TRACT NO. 9996 -15344 NATIONAL AVENUE
ACCEPTING THE DEDICATIONS AND
AUTHORIZING THE TOWN MANAGER TO SIGN THE CONTRACT
WHEREAS, on January 9, 2008, the Planning Commission of the Town of Los Gatos
approved the Tentative Map Application M-07-142, with conditions; and
WHEREAS, those conditions required the Owner or Subdivider to do the following;
1. That prior to the delivery of said Map to the Owner of said subdivision, and prior to its
i'~cordation, the Owner or Subdivider of said subdivision shall enter into and execute an
agreement between the Town of Los Gatos and the said Owner or Subdivider on that
certain proposed subdivision agreement ("Agreement") on file in the Office of the Town
Clerk, entitled, "Contract for the Improvement of Tract No. 9996 - 15344 National
Avenue", wherein the Owner or Subdivider in consideration of the approval of said Map
by the Town and acceptance by the Town of the dedication of lands for public use therein
contained, shall agree to construct and complete, within the time specified in said
agreement, all street and other improvements required of Owner or Subdivider under the
provisions in Chapter 27 of the Code of the Town of Los Gatos, and such other street,
sewer, or other improvements designated or mentioned in the Agreement and/or and as
specified in the Plans and Specifications for Tract No. 9996 - 15344 National Avenue.
2. That said Owner oi~ Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition ,precedent to the recordation thereof, furnish to the Town and
file with the Town Clerlc cash, or a good and sufficient bond in form to be approved by
the Town Attorney, securing the faithful performance by said Owner or Subdivider of all
work, and the construction of all improvements herein in the Agreement, and within the
time herein specified, the amount of cash or said bond to be One Hundred Forty Five
Thousand Two Hundred Fifty and 00/100 Dollars ($145,250.00)..
3. That said Owner or Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition precedent to the recordation thereof, furnish to the Town and
file with the Town Clerk certificates or policies of public liability and property damage
insurance in form satisfactory to the Town Attorney, providing public liability insurance
in the amount of Five Hundred Thousand ($500,000.00) Dollars for each person, and One
Million ($1,000,000.00) Dollars for each accident or occurrence, and property damage
coverage of Two Hundred Thousand ($200,000.00) Dollars whereby the Town of Los
Gatos, and in their capacity as such, its Council members, officers, boards, commissions.,
and its employees will be insured, indemnified, and held harmless from any and all
claims of any kind or nature arising or resulting from the construction of said
improvements or other work of subdividing within or outside the said subdivision, and/or
arising or resulting from or concerning the doing or failing to do so by said Owner or
Subdivider of all things required to be done in the Agreement between said Owner or
Subdivider and the Town of Los Gatos.
WHEREAS, the Owner or Subdivider has complied with the conditions of Tentative
Map Application M-07-142.
NOW, THEREFORE, IT IS RESOLVED that the certain Final Map of Tract No. 9996
- 15344 National Avenue in the Town of Los Gatos, dated May 2008, and prepared by BKF
Engineers for approval by the Town Engineer of the Town of Los Gatos, is hereby approved; the
Town Manager is hereby authorized to execute the Agreement with the Subdivider and all offers
of land for public use therein made on said Map are hereby accepted.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2nd
day of June, 2008 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynslci, Milce Wasserman, and Mayor
Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
~NED:
C.~ ~ r'~~
MAYOR O~' THE TOWN OF LOS GATOS
LOS GA'~OS, CALIFORNIA
ATTEST:
;~ ~ ~`-~
~ '~~P
C~LERI OF THE TOWN OF LOS GATOS
L~}S-~ATOS, CALIFORNIA