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1978-107-Authorizing Supplemental Agreement With Pat BuldoRESOLUTION NO. 1978 -107 RESOLUTION AUTHORIZING SUPPLEMENTAL AGREEMENT WITH PAT BULDO 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 "Supplemental Agreement" with PAT BULDO, 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 19th day of June , by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, John B. Lochner, Peter W. Siemens and Mardi Gualtieri NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ATTEST: CLERK 0,V THE ?OWN OF LOS GATOS • U ., . . SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT made and entered into this day of , 19781 by and between the TOWN OF LOS GATOS (Town) and PAT BULDO ( Buldo), an individual. This Agreement is made with reference to the following facts: The parties hereto, on December 14, 1977, entered into a contract, a copy of which is attached hereto as Exhibit "A ", calling for Buldo to complete on or before one year from December 14, 1977, certain works of improvements at 16610 Ferris Avenue. Buldo represents to the Town that Buldo's interest in the property at 16610 Ferris Avenue has been sold to Manoucheur Shahab ( Shahab). Shahab has entered into a separate contract with the Town calling for Shahab to complete the same work required of Buldo pursuant to Exhibit A. THE PARTIES AGREE: The contract attached hereto as Exhibit "A" is cancelled and the Town releases Buldo from all obligations thereunder. TOWN OF LOS GATOS ATTEST: MAYOR CLERK OF THE TOWN OF LOS GATOS PAT BULDO r" r' -;2�e- -77 -ly AGREEMENT (Land Development- Related Obligations) THIS AGREEMENT is made and entered into /?X<'. l � 1977, between TOWN OF LOS GATOS, hereinafter called "TOWN ", a city, and PAT BULDO, an individual, hereinafter called "DEVELOPER ', whose place of business is 1+30 N. Santa Cruz Avenue and is made with reference to the following facts: The DEVELOPER in Proceeding No. M -77 -12 has Sought permission from the TOWN under the provisions of the TOWN Zoning Ordinance to change the use of land in the TOWN. The land is located at 16610 Ferris Avenue. The TOWN Site and Architecture Committee has granter' the permission, on finding that approval of the development proposal is proper if the obligations referred to in this agreement are met I)v the DEVELOPER. THE PARTIES AGREE as follows: 1. At his own expense the DEVELOLOPER will do the street, drainage and utility improvement' work shown on, and in conformity with, the plans and specifications, and will complete the work on or before one year from the date. The plans and specifications are composed of this contract. Drawings Sheets numbered 1 and 2 Prepared by Louis H. Larson Dated July 11, 1977 EXHIBIT "All Page 1 of 4 2. As part performance of its obligations under the approval the DEVELOPER will grant to the TOWN for public use the real property consisting of a ten -foot strip along the Kennedy Road frontage of the property using such instrument of conveyance as the TOWN may require. The DEVELOPER warrants that the TOWN will receive title to such real property,.free of encumbrance. This warrvnty shall survive delivery of the instrument. 3. Before commencement of any work, and before issuance of any permit the DEVELOPER will furnish the TOWN with cash deposits or bonds: In the amount of $16,000, to'secure the DEVELOPER's performance of all his obligations under this agreement. In the amount of $16,000, to secure payment of the claims of laborers, materialmen and suppliers engaged in or providing supplies or services for performance of the improvement work described in this agreement. The form of the bonds will be prescribed by the TOWN. After final acceptance of the work, ten per cent of each cash deposit will be retained by the TOWN or ten per cent of the face amount of each bond will remain in effect for one -year to secure performance of the DEVELOPER's obligation to correct any deficiency in the work, to remedy any other default, and to pay claims or laborers, materialmen and suppliers. The one year period for ten per cent cash retention: and bond obligations begins on the date of final acceptance, but this limitation on the security for performance does not shorten -2= EXHIBIT "A" Page 2 of 4 any time during which the TOWN may act to enforce the DEVELOPER's obligations under the terms -of this agreement. 4. The DEVELOPER will hold harmless and indemnify the TOWN, its councilmen, boards and commissions, officers and employees from any sort of loss, damage or liability, suits, actions and claims, including cost and expense of defenses and responses, arising from any occurrence in the DEVELOPER's performance of this agreement, whether or not the occurrence involves the performance of an act required by the terms of this agreement, omission by the DEVELOPER to perform his obligations under the terms of this agreement or required by law, or arises from any condition created by the DEVELOPER's performance, or exists because of failure to perform this agreement or any obligations required by law. The DEVELOPER's obligations under this Part 4. exist regardless of the theory of the suit, action or claim. 5. At all times during the performance of its obligations under this agreement the DEVELOPER will carry public liability and property damage insurance, with the following limits of liability: $250,000 each person $500,000 each occurrence $100,000 property damage with policy provisions acceptable to the TOWN, and will provide the TOWN with the insurance carrier's certificate evidencing such coverage, with a 30 day notice of cancellation provision. 6. if construction of the improvement is delayed without fault -3- EXHIBIT "A" Page 3 of 4 ('1 of the DEVELOPER, the Town Council may extend the time for completion of construction.' 7. Completion of the off -site as well as on -site improvements is a necessary prerequisite to the occupancy and use of the property in the manner proposed by the DEVELOPER, and no certificate of occupancy or approval of utility service, temporary or permanent, shall issue until all of the improvements required by this agreement are completed. 8. 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. RECOMMENDED BY: R. L. Warrick Director of Public Works TOWN OF LOS, GATOS l•3'W/a4:A.JaJM5 DEVELOPER -4- Pat buldo EXHIBIT "A" Page 4 of 4 _ �s