1978-066-Authorizing Land Development-Related Obligations AgreementRESOLUTION NO. 1978 -66
RESOLUTION AUTHORIZING LAND DEVELOPMENT- RELATED
OBLIGATIONS AGREEMENT
RESOLVED by the Town Council of the Town of Los Gatos, County of
Santa Clara, State of California, that the TOWN OF LOS GATOS enter into
that agreement entitled, "AGREEMENT (LAND DEVELOPMENT- RELATED OBLIGATIONS)"
with WILLIAM H. and VIRGINIA R. CRANSTON, a copy of which is attached
hereto, and that the Mayor is authorized and she is hereby directed to
execute said agreement in the name and in behalf of the TOWN OF
LOS GATOS.
RESOLVED FURTHER that the Town Clerk is hereby directed to record
said agreement with the County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 1st day of May , 19782 by the
following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito,
John B. Lochner, Peter W. Siemens and Mardi Gualtieri.
NOES: COUNCIL MEMBERS None.
ABSENT: COUNCIL MEMBERS None.
ATTEST:
S-}r, D& X1 z o �1�
CLERK OF TH&/TOWY OF LOS GATOS
Lj
MAYOR OW�OS GATOS
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AGREEMENT
(Land Development-Related Obligations)
THIS AGREEMENT is made and entered into , 1978, between
the TOWN OF LOS GATOS (hereinafter called "Town "), a city, and WILLIAM H.
and VIRGINIA R. CRANSTON (hereinafter. called " Developers"), individuals,
whose place of business is 16461 Kennedy Road, Los Gatos, and is made with
reference to the following facts:
The Developers, in Proceeding No. M- 77 -13, have sought permission from
the Town under the provisions of the Town Zoning Ordinance to change the
use of the land in the Town. The land is located at 16461 Kennedy Road,
Los Gatos. The Town Architecture & Site Committee has granted the permission,
on finding that approval. of the development proposal is proper if the
obligations referred to in this agreement and as required in Proceeding No.
M -77 -13 are met by the Developers. One of the conditions of approval of
Proceeding No. M -77 -13 is that the Developers are required to provide a
sewage disposal system for the land as required by the Town Engineer. The
Developers are working with adjacent property owners and Sanitation District
No. 4 to establish a joint project to install sanitary sewers for the area.
The Developers wish to subdivide the land and maintain the existing septic
system on one of the proposed lots until the anticipated project provides
the sewer system for the land.
THE PARTIES AGREE:
1. The Developers will proceed diligently with the construction of the
sanitary sewer system as proposed.
2. If the sewer construction work referred to in this contract is not
complete within one year from the date of this contract, the Developers
shall make a cash payment to the Town in the amount of $10,000 toward the
cost of sewers to be installed for the land.
3. Before approval of the parcel map for this subdivision authorized
in Proceeding No. M- 77 -13, the Developers will provide the Town with
security for the performance of their obligations under this agreement.
The security will be one of the types described in Government Code Section
55499, provided that any deposit will be a deposit with the Town in the
amount of $10,000.
4. When the work is done, the Developers agree to terminate the use
of the existing septic tank system and connect to the sanitary sewer system.
S. In the event of litigation to enforce the terms of this agreement,
the prevailing party shall have its costs and reasonable attorney's fees
and expenses. Interest on the total amount of any money damages, whether
or not precisely ascertainable or ascertained at the time of filing of
such action, will run from the date of such filing at the yearly rate of
nine percent (9%). The $10,000 amount of the cash deposit or bond is an
estimate of the cost of work and is not a limit on the principal amount of
the Developers' liability to install sanitary sewer service to the land
which shall be the Developers' share of the cost of the sanitary sewer
work.
TOWN OF LOS GATOS
MAYOR
DEVELOPERS
WILLIAM H. CRANSTON
VIRGINIA R. CRANSTON
ATTEST:
71, S