2006-056 - Accepting The Work Of Bms Space Partnership, A California General Partnership At 17435,17443 & 17447 Farley Road West And Authorizing The Town Manager To Execute Certificate Of Acceptance And Notice Of Completion For Recording By Town ClerkRESOLUTION 2006 - 056
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF
BMS SPACE PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP
AT 17435,17443 & 17447 FARLEY ROAD WEST
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE
AND
NOTICE OF COMPLETION
FOR RECORDING BY TOWN CLERK
WHEREAS, on June 17, 2003, the Parks and Public Works Department of the Town of
Los Gatos issued Encroachment Permit ENO2 -222; and
WHEREAS, BMS Space Partnership, a California General Partnership has satisfactorily
completed the public improvements consisting of installation of curbs, gutters, sidewalks, tie -in
paving, catch basins, pipes, storm drains, sanitary sewers and street lighting, as required by the
approved plans, and the development is now ready for final approval and acceptance by the
Town.
WHEREAS, ten percent of the performance bond provided by BMS Space Partnership
shall remain in place for until September 28, 2007, to guarantee the work; and
WHEREAS, the work done under permit ENO2 -222 is hereby accepted as complete
pursuant to the plans and specifications approved for the project.
NOW THEREFORE BE IT RESOLVED, that the Town Manager /Executive Director
is authorized and directed to execute the Certificate of Acceptance and Notice of Completion
attached as (Exhibit A) hereto.
BE IT FURTHER RESOLVED, that 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 15 day of May, 2006 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman,
Mayor Diane McNutt.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: blakit m'/wJh
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
17435,17443 & 17447 Farley Road West
TO WHOM IT MAY CONCERN:
We do hereby certify that BMS Space Partnership completed the work 17435, 17443 & 17447
Farley Road West on September 28, 2005. The work generally consists of, including the
construction of curbs, gutters, sidewalks, paving, catch basins, pipes, culverts, storm drains,
sanitary sewers and street lighting.
The work was completed on September 2005, and is commonly known as 17435, 17443 &
17447 Farley Road West.
The Surety on the bond accompanying the contract /agreement is Platte River Insurance
Company.
Bond Number: 40063377
Bond Dated: May 15, 2003
TOWN OF LOS GATOS
Director of Parks and Public Works
12 2
Town Manager
I, DEBRA J. FIGONE, the Manager of Town of Los Gatos, have read the foregoing
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know 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 , 2006 at Los Gatos, California.
DEBRA J. FIGONE, Town Manager
Town of Los Gatos
RECOMMENDED BY:
John E. Curtis, Director of Parks and Public Works
APPROVED AS TO FORM:
Town Attorney
Date:
Date:
TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGMENT
State of California
County of Santa Clara
On
before me, MARLYN RASMUSSEN, Clerk
Administrator, personally appeared DEBRA J. FIGONE, Town Manager, personally known
to me to be the person whose name is subscribed to the within instrument and acknowledged to
me that she executed the same in her authorized capacity, and that by her signature on the within
instrument the entity upon behalf of which the person acted, The Town of Los Gatos, executed
the instrument.
WITNESS my hand and official seal.
CAPACITY CLAIMED BY SIGNER:
Municipal Officer of the Town of Los Gatos
(Clerk Administrator of Los Gatos, California)
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Certificate of Acceptance and Notice of Completion
17435, 17443 & 17447 Farley Road West
Number of Pages: 2
Date of Document:
Signer(s) Other than Named Above: Orry Korb, Town Attorney
John E. Curtis, Director of Parks and Public Works