Ross Creek/Linda Avet aWN yr MEETING DATE: 1/17/12
ITEM NO:
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� COUNCIL AGENDA REPORT
DATE: NOVEMBER 15, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: TRACT NO. 10012 - THE PRESERVE AT ROSS CREEK (15881 LINDA AYE)
ACCEPT WORK OF MISSION WAY PARTNERS, LLC, AS TO A 33%
INTEREST AND STITEGARNMAC LLC, AS TO A 40.3% INTEREST AND
SARDAN LLC, AS TO A 17.8% INTEREST AND HBO LLC, AS TO AN 8.9%
INTEREST, ALL AS TENANTS IN COMMON, AND AUTHORIZE THE
TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND
NOTICE OF COMPLETION FOR RECORDING BY CLERK
ADMINISTRATOR.
RECOMMENDATION
Accept work of Mission Way Partners, LLC, as to a 33% interest and Stitegarnmac LLC, as to a
40.3% interest and Sardan LLC, as to a 17.8% interest and HBO LLC, as to an 8.9% interest, all
as tenants in common, and authorize the Town Manager to execute a Certificate of Acceptance
and Notice of Completion for recording by the Town Clerk Administrator.
BACKGROUND
The Town Council adopted Ordinance 2193 on September 20, 2010, approving planned
development application PD- 08 -04. Ordinance 2193 approved demolition of a single - family
residence and a non - permitted second dwelling unit and construction of 7 new single family
residences. The Development Review. Committee approved the Tentative Map (M -10 -008) on
October 19, 2010. The Final Map for Tract 10012 was approved by Town Council on June 6,
2011, Resolution 2011 -043.
DISCUSSION
Tract No. 10012 - the Preserve at Ross Creek (15881 Linda Ave) development required
construction of tie -in paving, curb, gutter, sidewalk and ADA access ramp to connect the new
PREPARED BY : TODD CAPURSO
Director of Parks and Public Works
_�
Reviewed by: t Assistant Town Manager Town Attorney -, Finance
N:\PPW\ MANAGEMENT \COUNCIL \COUNCIL REPORTS\2012 ReportWanuary 17 (Tuesday) \TRACT No 10012 LindaAv Acceptance.docx
Page 2
NOVEMBER 15, 2011
MAYOR AND TOWN COUNCIL
SUBJECT: TRACT NO. 10012 —THE PRESERVE AT ROSS CREEK (15881 LINDA AVE)
DISCUSSION (cont'd)
private street to existing public improvements on Linda Avenue. Other public improvements
included extension of a new storm drain line through the development site to Ross Creek, and
extension of water, sanitary sewer and dry utilities from off -site locations to the site.
The Developer posted security, in the form of bonds, to ensure that the public improvements
would be constructed to Town standards. The Town releases 90- percent of the security upon
recordation of the Certificate of Acceptance and Notice of Completion, and retains 10- percent
for two years.
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:
Certificate of Acceptance and Notice of Completion
Distribution:
Mission Way Partners, LLC, 214 Almendra Ave, Los Gatos, CA 95030.
RECORDING REQUESTED BY:
TOWN OF LOS GATOS
PLEASE RECORD AND RETURN TO:
Clerk Administrator
110 East Main Street
Los Gatos, CA 95030
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
TRACT NO. 10012 —THE PRESERVE AT ROSS CREEK (15881 LINDA AVE)
TO WHOM IT MAY CONCERN:
We do hereby certify that Mission Way Partners, LLC, as to a 33% interest and
Stitegarnmac LLC, as to a 40.3% interest and Sardan LLC, as to a 17.8% interest and
HBO LLC, as to an 8.9% interest all as tenants in common substantially completed the work
on November 1, 2011, called for in the agreement with the Town of Los Gatos dated September,
2010. The work is outlined in the Town's bid process prepared by the Town of Los Gatos and
generally consisted of street, curb gutter, sidewalk, street light, sanitary sewer, stone drainable
and street tree improvements as required on the approved Plans and Specifications for Tract No.
10012 — The Preserve at Ross Creek (15881 Linda Ave) located in the TOWN OF LOS GATOS,
County of Santa Clara, State of California and was completed, approved and accepted
November, 2011.
The Surety accompanying the contract /agreement is the
Bond No.: Wells Fargo Check #0046606100
TOWN OF LOS GATOS
Todd Capurso
Director of Parks and Public Works
Greg Larson, Town Manager
Acknowledgement Required
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
Tract No. 10012
The Preserve at Ross Creek (15881 Linda Ave)
I, GREG LARSON, the Town Manager of the Town of Los Gatos, have read the
foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and 1a1ow
the contents thereof. The same is true of my own lalowledge, 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 , 2012 at Los Gatos, California.
GREG LARSON, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
Todd Capurso
Director of Parks and Public Works
APPROVED AS TO FORM:
Judith Propp, Town Attorney
Date:
Date:
Notary Jurat Required
ACKNOWLEDGEMENT
State of California
County of Santa Clara
On before me, MAZARIN VAKHARIA,
NOTARY PUBLIC, personally appeared TODD CAPURSO and GREG LARSON,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons
whose naives are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the within instrument the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal:
Notary Public
(Seal)
----------------------------- OPTIONAL ---------------------- - - - - --
CAPACITY CLAIMED BY SIGNER:
Municipal Officers of the Town of Los Gatos
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Tract No. 10012
The Preserve at Ross Creek (15881 Linda Ave)
No. of Pages: 1
Date of Document:
Signer(s) Other than Named Above: Judith Propp
JURAT
State of California
County of Santa Clara
Subscribed and sworn to (or affirmed) before me, Mazarin Vakharian, Notary
Public, on this day of , 2012 by
personally known to
me or proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
Notary Public
(SEAL)
------------------ - - - - -- OPTIONAL -------------------- - - - - --
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Affidavit to Accompany Certificate of Acceptance and Notice
of Completion — Tract No. 10012 — The Preserve at Ross Creek (15881 Linda Ave)
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Todd Capurso and Judith Propp