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2012-011 - Approving final map for tract No 10110 at 16213 LGB accepting dedication and authorizing TM to execute contractRESOLUTION 2012 -011 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT NO. 10110 LOCATED AT 16213 LOS GATOS BLVD (FORMER HONDA SITE) ACCEPTING THE DEDICATIONS ANDAUTHORIZING THE TOWN MANAGER TO SIGN THE CONTRACT WHEREAS, on November 15, 2011, the Development Review Committee of the Town of Los Gatos approved the Tentative Map Application M -11 -012, 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 recordation, 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 on file in the Office of the Town Clerk, entitled, "Contract for the Improvement of Tract No. 10110 — 16213 Los Gatos Blvd (Honda Site) ", 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 said agreement and /or and as specified in the Plans and Specifications for the Improvement of Tract No. 10110. 2. 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 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 this agreement mentioned, and within the time herein specified, the amount of cash or said bond to be three hundred sixty six thousand one hundred sixty six and 00 /100 Dollars ($366,166.00). 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 cash, or a good and sufficient bond in form to be approved by the Town Attorney, securing the labor and materials for all work, the amount of cash or said bond to be three hundred sixty six thousand one hundred sixty six and 00 /100 Dollars ($366,166.00). 4. 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 cash, or a good and sufficient bond in form to be approved by the Town Attorney, securing the median landscape maintenance work, the amount of cash or said bond to be five thousand two hundred and 00 /100 Dollars ($5,200.00). 5. 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 Cleric 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 above mentioned 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 -11 -012. NOW, THEREFORE, IT IS RESOLVED that the certain Final Map of Tract No. 10110 in the Town of Los Gatos, dated February 2012, and prepared by Civil Engineering Associates, 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 19"' day of March, 2012 by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR ATHE OF LOS GATOS ti LOS GATOS, CALIFORNIA ATTEST: s CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2