2015-036 - Accepting Work of W. L. Butler Construction 154 Los Gatos Blvd.RESOLUTION 2015 -036
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ACCEPTING THE COMPLETED WORK OF W.L. BUTLER CONSTRUCTION, INC.,
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE
CLERK ADMINISTRATOR
WHEREAS, on June 1, 2009, the Town Council certified a Mitigated Negative
Declaration, adopted the Mitigation Monitoring and Reporting Program and introduced a
Planned Development Application PD -1 -004 for property located at on a 2.03 -acre site on the
southeast comer of the intersection of Los Gatos Boulevard and Gateway Drive; and
WHEREAS, on June 15, 2009, the Town Council adopted Planned Development (PD)
Ordinance 2175 authorized the removal of the existing auto dealership; construction of a 40,000
square foot, two story building, with at grade and below grade parking. In addition, a minimum
of 8,500 square feet of retail or restaurant space in the single story portion fronting Los Gatos
Boulevard is required as part of the development; and
WHEREAS, on November 7, 2011, the Council considered and voted to introduce an
ordinance with modifications rescinding Ordinance 2175. The requested modification was to
remove the requirements for a minimum of 8,500 square feet of retail or restaurant space; and
WHEREAS, on November 21, 2011, the Council adopted Ordinance 2206 rescinding
Ordinance 2175 and amending the Zoning Ordinance effectuating a zone change from CH:PD to
CH:PD; and
WHEREAS, W.L Butler Construction, Inc. has satisfactorily completed the public
improvements consisting of.
1. Los Gatos Boulevard /Gateway Drive Improvements: Replace existing non -LED signals
to LED signals. Replace existing 8 -inch signal heads with 12 -inch signal heads. Replace
existing pedestrian signal heads with LED pedestrian countdown heads. Replace non -
ADA pedestrian push buttons with ADA compliant push buttons. Install video detection.
Replace existing safety lighting fixture with LED lighting. Construct ADA ramp at
project comer of the intersection.
2. Extend southbound left -turn pocket on Los Gatos Boulevard at the Village Square
Shopping Center with video detection for the extended left -turn pocket.
3. Install a pedestrian crosswalk west side of Gateway /Carton intersection.
4. Pay the required Traffic Mitigation Fees and Fair Share Mitigation Fees; 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 16'h of June, 2015 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT:
ABSTAIN:
SIGNED: _
Ci
MAYOR F T E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TTEST:
K DM IS=E TOWN OF LOS GATOS
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
(SPACE ABOVE BAR FOR RECORDER'S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTION 6103) - If applicable
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
15400 LOS GATOS BOULEVARD
.. : d
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
15400 LOS GATOS BOULEVARD
TO WHOM IT MAY CONCERN:
I do hereby certify that W.L. Butler Construction, Inc. completed the public improvement
requirements identified in Ordinance 2206 dated November 21, 2011 and Encroachment Permit
EN -13 -060 dated April 12, 2013.
The work was completed in May 2015 as required for 15400 Los Gatos Blvd. and was
completed, approved and accepted on May, 2015.
The Surety on the bond accompanying the contract/agreement is: Liberty Mutual Insurance
Company located at 175 Berkeley Street, Boston, MA 02116.
Bond No.: 070017171
Bond Issued date: November 18, 2013
TOWN OF LOS GATOS
go
Acknowledgement Required
Les White, Interim Town Manager
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
15400 Los Gatos Boulevard
I, LES WHITE, 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 2015 at Los Gatos, California.
Les White, Interim 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 LES WHITE, 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
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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: 15400 Los Gatos Blvd
No. of Pages:
Date of Document: June 2015
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 2015 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: 15400 Los Gatos Blvd
Number of Pages:
Date of Document: June 2015
Signers Other than Named Above: Matt Morley and Robert Schultz
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