2015-037 - Accepting Work of D.R. Horton Bay, Inc. 16005 Los Gatos Blvd. and 625 Blossom Hill RoadRESOLUTION 2015 -037
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ACCEPTING THE COMPLETED WORK OF D.R. HORTON BAY, INC., AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE
CLERK ADMINISTRATOR
WHEREAS, on June 06, 2011, the Town Council certified a Mitigated Negative
Declaration, adopted the Mitigation Monitoring and Reporting Program and introduced a
Planned Development Application PD -07 -145 for property located at 16005 Los Gatos
Boulevard and 625 Blossom Hill Road; and
WHEREAS, on June 20, 2011, the Town Council adopted Planned Development (PD)
Ordinance 2197 approved demolition of the existing auto dealership buildings, construction of
30,790 square feet of retail commercial space, construction of three (3) Below Market Price
single - family residences, construction of twenty two (22) single - family market rate residences,
and landscaping, streets, parking, open space and other site improvements shown and required on
the Official Development Plans and Standard Performance as listed in Ordinance 2197. The
Development Review Committee approved the Tentative Map (M -I1 -011) on December 13,
2011; and
WHEREAS, D.R. Horton Bay, Inc. has satisfactorily completed the public
improvements consisting of:
1. Replace portions of the public curb, gutter, and sidewalk along the perimeter of the
project (Blossom Hill Road, Los Gatos Boulevard, and Placer Oaks Road frontages).
2. Install new street lights, curb ramps, and landscaping was provided on the full project
perimeter.
3. Provide a raised median island was provided on Placer Oaks Road.
4. Relocate the raised median island on Blossom Hill Road was relocated to provide a
second left -turn lane.
5. Relocate the raised median island on Los Gatos Boulevard was relocated to extend the
existing left -turn lanes.
6. Modify the traffic signal at the intersection of Los Gatos Boulevard and Blossom Hill
Road was modified to improve safety and pedestrian access; 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 16a' day 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:
M YOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
a R :
ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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
ABOVE BAR FOR RECORDER'S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTION 6103) -If applicable
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
TRACT No. 10129 —16005 LOS GATOS BOULEVARD AND 625 BLOSSOM HILL
ROAD.
EXHIBIT A
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
TRACT No. 10129 —16005 LOS GATOS BOULEVARD AND 625 BLOSSOM HILL ROAD.
TO WHOM IT MAY CONCERN:
I do hereby certify that D.R. Horton Bay, Inc. completed the public improvement requirements
identified in Ordinance 2197 dated June 20, 201 land Encroachment Permit EN -12 -004 dated
April 19, 2013.
The work was completed in May 2015 as required for Tract No. 10129 - 16005 Los Gatos Blvd
and 625 Blossom Hill Road and was completed, approved and accepted on May 29, 2015.
The Surety on the bond accompanying the contract/agreement is: Berkley Regional Insurance
Company located at 3000 Bayport Dr., Ste 300, Tampa, FL 33607.
Bond No.: 0167995
Bond Issued date: November 07, 2012
TOWN OF LOS GATOS
0
Acknowledgement Required
Les White, Interim Town Manager
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
TRACT No. 10129 — 16005 LOS GATOS BOULEVARD AND 625 BLOSSOM HILL
ROAD.
I, LES WHITE, Interim 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:
(Seal)
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. 10129 -16005 Los Gatos Blvd and 625 Blossom Hill Road
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: Tract No. 10129 -16005 Los Gatos Blvd and 625 Blossom Hill
Road
Number of Pages:
Date of Document: June 2015