16213 Los Gatos Blvd.ow x aF
DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 12/16/14
ITEM NO: I 1
COUNCIL AGENDA REPORT
DECEMBER 3, 2014
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
TRACT NO. 10110 —16213 LOS GATOS BOULEVARD
A. ADOPT A RESOLUTION ACCEPTING THE WORK OF ROBSON
HOMES, LLC FOR TRACT NO. 10110.
B. AUTHORIZE THE TOWN MANAGER TO EXECUTE A CERTIFICATE
OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY THE CLERK ADMINISTRATOR.
RECOMMENDATION:
Adopt a resolution (Attachment 1) accepting the work of Robson Homes, LLC for Tract No.
10110.
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of
Completion for recording by the Town Clerk Administrator.
BACKGROUND:
On October 17, 2011, the Town Council adopted Ordinance 2203, approving Planned
Development Application PD -10 -004. Ordinance 2203 authorized the removal of the existing
auto dealership; construction of 22 (twenty -two) single - family detached residences, 21 of which
are market rate single - family detached residences; and the provision of two Below Market Price
units (one moderate income unit on site and one low income unit located at an off -site location
within the Town, as approved by the Town Council).
On November 15, 2011, the Development Review Committee approved the Tentative Map (M-
11-012). The Final Map of Tract No. 10110 was approved by Town Council on March 19, 2012,
with Resolution 2012 -011.
DISCUSSION:
Tract No. 10110 — 16213 Los Gatos Boulevard subdivides two existing parcels totaling 1.9 acres
into 22 single - family lots and one private street parcel. The developer, Robson Homes, LLC, has
provided all necessary maps and drawings, in addition to contracts, bonds /security, and liability
insurance.
PREPARED BY: MATT MORLEY 44/ �
Director of Parks and Public Works (/
Reviewed by: Assistant Town Manager own Attorney j�
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: TRACT NO. 10110— 16213 LOS GATOS BLVD
DECEMBER 3, 2014
DISCUSSION (cont'd)•
The developer was required to complete the following public improvements:
1. All public improvements for curb, gutter, sidewalk, and paving along the project frontage of
Mitchell Avenue, George Street, Roberts Road, and Los Gatos Blvd.
2. Modification of the traffic signal at the intersection of Los Gatos Blvd. at Shannon and
Roberts Roads to improve safety and pedestrian access.
3. Construction of a bus pad and pull -out.
4. Installation of median landscaping.
The developer has completed all the required work to the satisfaction of the Town Engineer.
The developer posted security, in the form of bonds, to ensure that the public improvements
would be constructed to Town standards. The Town releases 95 percent of the security upon
recordation of the Certificate of Acceptance and Notice of Completion, and retains 5 percent for
two years.
CONCLUSION:
Staff recommends that the Town Council adopt a resolution accepting the work of Robson
Homes, LLC and authorize the Town Manager to execute a Certificate of Acceptance and Notice
of Completion for recording by the Clerk Administrator.
ENVIRONMENTAL ASSESSMENT:
The development project's environmental clearance was a Mitigated Negative Declaration ND-
10 -002 adopted on October 03, 2011.
FISCAL IMPACT:
There is no direct known fiscal impact associated with accepting these previously required public
improvements. Once accepted these improvements become part of the Town's infrastructure
which must be maintained.
Attachments:
1. Resolution accepting the work of Robson Homes, LLC for Tract No. 10110
Distribution:
Robson Homes, LLC, 2185 The Alameda, San Jose, 95126.
RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ACCEPTING THE WORK OF ROBSON HOMES, LLC, AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE
OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR
WHEREAS, on March 19, 2014, Resolution 2012 -011, the Town Council approved the
final map for Tract 10110 — 16213 Los Gatos Boulevard; and
WHEREAS, on April 20, 2012, the Parks and Public Works Department of the Town of
Los Gatos issued an Encroachment Permit ENII -280 pursuant to the November 15, 2011
Development Review Committee approval of the Subdivision Application (M -11 -012); and
WHEREAS, Robson Homes LLC has satisfactorily completed the public improvements
consisting of installation of curb, gutter, sidewalk, paving, traffic signal modification, bus pad
and pull out, median landscaping as required by the final map, plans and specification; and
WHEREAS, the development is now ready for approval and acceptance by the Town of
Los Gatos and release of 95 percent of security;
NOW THEREFORE BE IT RESOLVED, that the Town Manager is authorized and
directed to execute the Certificate of Acceptance and Notice of Completion attached hereto as
Exhibit A;
BE IT FURTHER RESOLVED, the Clerk Administrator is directed to transmit this
Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for
recording.
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 16`h of December 2014 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
TRACT NO. 10110 —16213 LOS GATOS BOULEVARD
TO WHOM IT MAY CONCERN:
I do hereby certify that Robson Homes, LLC completed the public improvement requirements
identified in Ordinance 2203 dated December 14, 2011 and Encroachment Permit EN -11 -280
dated April 20, 2012.
The work was completed in October 2014 as required for Tract No. 10110 — 16213 Los Gatos
Blvd. and was completed, approved and accepted on December 16, 2014.
The Surety on the bond accompanying the contract/agreement is: Lovitt & Touche, Inc. located
at 1050 W. Washington St., #233, Tempe, AZ 85281.
Bond No.: 7628425
Bond Issued date: March 12, 2012
TOWN OF LOS GATOS
M
Acknowledgement Required
Greg Larson, Town Manager
EXHIBIT A
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
Tract No. 10110
16213 Los Gatos Boulevard
I, GREG LARSON, the Town Manager of the 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 , 2014 at Los Gatos, California.
Greg Larson, Town Manager
Town of Los Gatos
RECOMMENDED BY:
Date:
Matt Morley
Director of Parks and Public Works
APPROVED AS TO FORM:
Date:
Robert Schultz, Town Attorney
Notary Jurat Required
ACKNOWLEDGEMENT
State of California
County of Santa Clara
On before me, JACKIE ROSE, NOTARY
PUBLIC, personally appeared GREG LARSON, who proved to me on the basis of satisfactory
evidence to be the person whose name I subscribed to within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his signatures on the within
instrument the entity upon behalf of which the person acted, executed the instrument.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal:
(seat)
Notary Public
----------:------------------ OPTIONAL-- -- ---------------- -- - - - - --
CAPACITY CLAIMED BY SIGNER:
Municipal Officers of the Town of Los Gatos
DESCRIPTION OF ATTACHED DOCUMENT: Certificate of Acceptance and Notice of
Completion
Title of Document: Tract No. 10110 —16213 Los Gatos Blvd
No. of Pages: 1
Date of Document: December 2014
Signer(s) Other than Named Above:
JURAT
State of California
County of Santa Clara
Subscribed and sworn to (or affirmed) before me, Jackie Rose, Notary Public, on
this day of 2014 by
personally known to
me or proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
Notary Public (SEAL)
------------------------ OPTIONAL---- ---------- ------ - - - ---
DESCRIPTION OF ATTACHED DOCUMENT: Affidavit to Accompany Certificate
of Acceptance and Notice of Completion
Title of Document: Tract No. 10110— 16213 Los Gatos Blvd
Number of Pages: 1
Date of Document: December 2014
Signers Other than Named Above: Matt Morley and Robert Schultz