1978-194-Authorizing Improvement Agreement With Frank A. AriesRESOLUTION NO. 1978 -194
RESOLUTION AUTHORIZING IMPROVEMENT
AGREEMENT WITH FRANK A. ARIES
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 "IMPROVEMENT AGREEMENT (TRACTS 6309 AND 6532,
LAND DEVELOPMENT - RELATED OBLIGATIONS)" with FRANK A. ARIES, 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 4th day of December , 1978,
by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, John B. Lochner and
Mardi Gualtieri
NOES: COUNCIL MEMBERS Thomas J. Ferrito and Peter W. Siemens
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED: 119teet�
MAY R OF THE TOWN OF LOS GATOS
ATTEST ; -
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ASST CLERK OF THE TOWN OF LO GATOS
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IDIPROVEMENT AGREEMENT
Tracts 6309 and G532
(Land Development- Related Obligations)
THIS AGREEMENT is made and entered into December 4th
1978, between TOWN OF LOS GATOS, hereinafter called "TOWN ", a city,
and FRANK A. ARIES, INDIVIDUAL, hereinafter called "DEVELOPER ",
whose place of business is 2055 Woodside Road, Suite 100, Redwood City,
California 94061, and is made with reference to the following facts:
The DEVELOPER in Proceeding No. M -77 -14 has sought permission from
the TOWN to subdivide Land in the TOWN. The land is 150 acres southwest
of Harwood Road. The Town has granted the permission, and this is the
improvement agreement required by the Subdivision Map Act.
THE PARTIES AGREE AS FOLLOWS:
The DEVELOPER at its own expense shall perform two schedules of
work as follows:
1. Schedule "A ". The DEVELOPER shall provide the necessary property
for tank sites and other facilities and remit to San Jose Water
Works a cash payment equal to the cost of the water system for
Tracts 6309 and 6532 to be installed by San Jose Water Works.
The water system is as shown on the plans and specifications for
the project. The cash payment shall be remitted to San Jose
Water Works within four months of the date of this contract.
2. Schedule "B ". At its own expense, the DEVELOPER will do the
street, drainage, utility and landscape improvement work shown
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on and in conformity with, the plans and specifications, and
will complete the work on or before one year from the date of
this contract. The plans and specifications are composed of:
Drawings prepared by Paul Nowack & Associates.
Tract 6309
Sheets numbered 1 -15 dated October 21, 1978.
Tract 6532
Sheets numbered 1 -10 dated October 26, :L978.
3. As part performance of its obligations under the approval, the
DEVELOPER will grant to the TOWN for public use the real property
consisting of parcels or interests in land shown on the tract
maps for the two subdivisions and required by the subdividion
approvals, using such instruments of conveyance as the TOWN may
require. The DEVELOPER warrants that the TOWN will receive title
to such real property, free of encumbrance. This warranty shall
survive delivery of the instrument.
4. Before commencement of any work, and before issuance of any
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permit the DEVELOPER will furnish the TOWN with the following
security:
a. Schedule "A":
A letter of credit in the amount of $000,000 to secure the
DEVELOPER's performance of all its obligations under this
agreement. The form of the letter of credit will be
prescribed by the TOWN. After the DEVELOPER performs the
obligation set forth in Schedule "A ", and San Jose Water
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Works has agreed that the work will proceed, the TOWN agrees
to release the letter of credit.
b. Schedule "B"•
(1) A surety bond in the amount of $1,135,000 to secure the
DEVELOPER's performance of all its obligations under this
agreement.
(2) A surety bond in the amount of $1,135,000 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 surety bonds will be prescribed by the TOWN.
Ten per cent of the face amount of the Faithful Performance Bond
will remain in effect for one year after final acceptance of
Schedule "B" of the work, to secure performance of the DEVELOPER's
obligation to correct any deficiency in the work, and to remedy
any other default. The full amount of the Labor and Material
Bond will remain in effect for six months to guarantee payment
of valid claims of laborers, materialmen and suppliers. The
one year period and the six month period described above begin
on the date of final acceptance by the TOWN, but this limitation
on the effective term of the security for performance does not
shorten any time during which the TOWN may act to enforce the
DEVELOPER's obligations under the terms of this agreement, nor
does the amount of the security constitute a limit on the extent
of the DEVELOPER's obligations.
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5. The DEVELOPER will. hold harmless and indemnify the TOWN, its
council members, 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 its 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 reaardless of the theory of the suit, action or claim.
o. 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:
$ 500,000 each person
$ 1,000,000 each occurrence
$ 200,000 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.
7. If construction of the improvements specified in Schedule "E"
is,lelayed without fault of the DEVELOPER, the Town Council
may extend the time for completion of construction.
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8. Completion of the 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.
9. 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.
TOWN OF LOS GATOS
By h/Lr_ k —
Mayor
TOWN.
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By s /� °
FPAN'A A. ARIES, PEVELOPER.
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APP�OVED AS TO FORM: �
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PR TO W. H1 L
Town Attorney
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