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1998-195 - Approve Final Map of Tract No 9122, Accept Dedications & Authorize the Mayor to Sign the ContractRESOLUTION 1998 -195 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT NO. 9122, ACCEPTING THE DEDICATIONS AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT WHEREAS, on September 9, 1998, the Planning Commission of the Town of Los Gatos approved the Tentative Map, PRJ -98 -118, with conditions; and WHEREAS, those conditions required the Owner or Subdivider to do the following: That prior to the delivery of said Map to the Owner of said subdivision, and prior to its recordation, the Owner or Subdivider of said subdivision shall enter into and execute an agreement between the Town of Los Gatos and the said Owner or Subdivider on that certain proposed Subdivision Agreement on file in the Office of the Town Clerk, entitled, "Contract for the Improvement of Tract No. 9122 ", wherein the Owner or Subdivider in consideration of the approval of said Map by the Town and acceptance by the Town of the dedication of lands for public roadway purposes, therein contained, shall agree to construct and complete, within the time specified in said agreement, all street and other improvements required of Owner or Subdivider under the provisions in Chapter 27 of the Code of the Town of Los Gatos, and such other street, sewer, or other improvements designated or mentioned in said agreement and /or and as specified in the Plans and Specifications for Tract No. 9122. Trail and storm drainage improvements on Parcel I will also be constructed as specified in the Plans and Specifications for Tract No. 9122. That said Owner or Subdivider shall, before the release of said Final Map to Owner of Record, and as a condition precedent to the recordation thereof, furnish to the Town and file with the Town Clerk cash, or a good and sufficient bond in form to be approved by the Town Attorney, securing the faithful performance by said Owner or Subdivider of all work, and the construction of all improvements herein in this agreement mentioned, and within the time herein specified, the amount of cash or said bond to be One Million and No /100 Dollars. That said Owner or Subdivider shall, before the release of said Final Map to Owner of Record, and as a condition precedent to the recordation thereof, furnish to the Town and file with the Town Clerk certificates or policies of public liability and property damage insurance in form satisfactory to the Town Attorney, providing public liability insurance in the amount of Five Hundred Thousand ($500,000.00) Dollars for each person, and One Million ($1,000,000.00) Dollars for each accident or occurrence, and property damage coverage of Two Hundred Thousand ($200,000.00) Dollars whereby the Town of Los Gatos, and in their capacity as such, its Council members, officers, boards, commissions, and its employees will be insured, indemnified, and held harmless from any and all claims of any kind or nature arising or resulting from the construction of said improvements or other work of subdividing within or outside the said subdivision, and/or arising or resulting from or concerning the doing or failing to do so by said Owner or Subdivider of all things required to be done in the above mentioned agreement between said Owner or Subdivider and the Town of Los Gatos. WHEREAS, the Owner or Subdivider has complied with the conditions of Tentative Map Application PRJ -98 -118. NOW, THEREFORE, IT IS RESOLVED that the certain Final Map of Tract No. 9122 in the Town of Los Gatos, dated November 1998, and prepared by TS Civil Engineers, Inc., for approval by the Town Engineer of the Town of Los Gatos, is hereby approved; the Mayor is hereby authorized to execute the agreement with the Subdivider and all offers of land for public use therein made on said Map, except open space Parcel I, are hereby accepted. IT IS FURTHER RESOLVED that the dedication of the temporary Emergency Vehicle Access Easement (EVAE) made on Lots 39, 40 and Parcel I of said Map is also accepted and that subsequent to the recordation of the final map for Phase 2, and completion and acceptance of the ultimate public improvement improvements known as Heintz Court that said temporary EVAE shall be quitclaimed to the owners of Lots 39, 40 and Parcel I. IT IS FINALLY RESOLVED that the offer of dedication for open space Parcel I is hereby rejected, but the Town Council of the Town of Los Gatos reserves the right to accept the dedication at a future date. Such acceptance shall not take place until such a time as the Nino encroachment on Parcel I is removed to the satisfaction of the Town Council. PAGE 2 PASSED AND ADOPTED at a regular meeting of the Town Council held on the 7' day of December, 1998 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck, Mayor Jan Hutchins NAYS: None ABSENT: None 1011.1y 1 \IL �L61Z SIGNED: ATTEST: (-Y4'�:Zj THE TOWN OF LOS GATOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA PAGE 3