1998-117-Authorizing The Town Manager To Execute The Open Space Maintenance Agreement Between The Town And Summerhill HomesRESOLUTION 1998 - 117
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE OPEN SPACE
MAINTENANCE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND
SUMMERHILL HOMES
WHEREAS:
A. The Town Council of the Town of Los Gatos, concurrently herewith, has approved
SummerHill Homes' proposal to develop land located at 14734 Blossom Hill Road in the Town of
Los Gatos, which would, in part, result in the improvement of managed open space located adjacent
to Blossom Hill Road (the "Managed Open Space ") and the preservation of approximately 85 acres
of natural open space (the "Natural Open Space"),
B. SummerHill Homes has also proposed that the Town take fee title, including
maintenance responsibility for the Natural Open Space and related public trails, and repair and
replacement responsibility for the paved portion of the proposed trail extending south from Blossom
Hill Road to the northern boundary of the Natural Open Space (the "Linear Trail "), and the sidewalks
in the flowering orchard adjacent to Blossom Hill Road (the "Sidewalks "), while Developer retains
ownership and maintenance responsibility for the Managed Open Space and the landscaping
associated with the Linear Trail;
C. Town policy is to take open space conservation and trail easements, leaving ownership
and maintenance responsibility with homeowners' associations,
D. It is in the best interests of the Town to accept SummerHill Home's proposal regarding
the Natural Open Space, the Sidewalks and the paved portion of the Linear Trail if SummerHill
Homes participates in an a restricted liability account for the maintenance of the Natural Open Space;
-1-
and
E. An Open Space Maintenance Agreement between the Town and SummerHill Homes
has been prepared, providing that the Town accepts SummerHill Home's proposal regarding the
Natural Open Space, the Sidewalks and the paved portions of the Linear Trail, and SummerHill
Homes gives the Town $262,910 for maintenance of the Natural Open Space, and a copy of which
is attached as Exhibit "A" hereto.
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 the Open Space Maintenance Agreement
attached hereto as Exhibit "A," and that the Town Manager is authorized, and is hereby directed, to
execute said agreement in the name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 20th day of July, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED:��
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO� GATOS i
LOS GATOS, CALIFORNIA
-2-
Acs
out
OPEN SPACE MAINTENANCE AGREEMENT BETWEEN
THE TOWN OF LOS GATOS AND SUMMERHILL HOMt c
This Open Space Maintenance Agreement is made this day of 1998
between SummerHill Homes, a California corporation, or its assignee (hereinafter "Developer "),
and the Town of Los Gatos (hereinafter "Town ").
WHEREAS, Developer proposes to develop land located at 14734 Blossom Hill Road in the
Town of Los Gatos (Development Application DEV -97 -001; Project Application PRJ -97 -045;
Environmental Impact Report EIR -97 -001; Williamson Act Cancellation WA -006), which would
result in the construction of 43 new single - family residences, the restoration of certain historic
structures, the improvement of open space located adjacent to Blossom Hill Road (the "Managed
Open Space "), the preservation of approximately 85 acres of natural open space (the "Natural Open
Space ") and the construction of public access trails (altogether, the "Project ");
WHEREAS, Developer has also proposed that Town take fee title, including maintenance
responsibility for the Natural Open Space and related public trails, repair and replacement
responsibility for the paved portion of the proposed trail extending south from Blossom Hill Road
to the northern boundary of the Natural Open Space (the "Linear Trail "), and the sidewalks in the
flowering orchard adjacent to Blossom Hill Road (the "Sidewalks "), and maintenance responsibility
for the drying shed, which may be used by Town for storage of its maintenance equipment, while
Developer retains ownership and maintenance responsibility for the Managed Open Space and the
landscaping associated with the Linear Trail;
WHEREAS, Town policy is to take open space conservation and trail easements, leaving
ownership and maintenance responsibility with homeowners' associations; and
NAAMSUMMERHI.AGR Page 1 of 4
WHEREAS, Town would accept Developer's proposal regarding the Natural Open Space,
the Sidewalks, the paved portion of the Linear Trail and the drying shed if Developer participates
in a restricted liability account for the maintenance of the Natural Open Space.
NOW THEREFORE, in consideration of the foregoing recitals and of the mutual promises
contained herein, the parties agree as follows:
1. Town shall change the performance standards which are conditions of approval of the Project
to require an irrevocable offer of dedication in fee of the Natural Open Space and public trails
located therein, and to provide for Town to assume repair and replacement responsibility for the
paved portion of the Linear Trail and the Sidewalks. Town shall also assume maintenance
responsibility for the drying shed.
2. Developer shall give Town $262,910 payable in full prior to approval by Town of the final
subdivision map for the Project, or approval of the first final map if phased, which amount shall be
used by Town for the establishment of a restricted liability account to be used solely for the
maintenance of the Natural Open Space. In the event Town does not accept the offer of dedication
upon approval of the final map, Town may, in lieu of full payment, accept security for the full
payment in a form satisfactory to the Town, or may allow the full amount to be deposited into an
escrow account upon terms satisfactory to Town. Developer shall also give Town a description of
the area to be dedicated and a statement of the value of said area, both to the satisfaction of Town.
Developer shall have no further maintenance responsibility with respect to the Natural Open Space
or the drying shed, and shall have no further responsibility for the repair or replacement of the paved
portions of the Linear Trail or the Sidewalks.
3. Developer shall retain full ownership and maintenance responsibility for the Managed Open
N: AMSUMMERHI.AGR Page 2 of 4
Space and the landscaping associated with the Linear Trail, subject to any public trails easements.
4. This Agreement is not intended to limit in any manner Town's legal discretion to approve
or deny the Project.
5. This Agreement, regardless of where executed, shall be governed by and construed
pursuant to the laws of the State of California. Venue for any action regarding this Agreement
shall be in the Superior or Municipal Court of the County of Santa Clara.
6. Developer's compliance with the payment terms of paragraph 2 of this Agreement is
necessary to fulfill the requirements of Condition No. 25 of the conditions of approval of the
Project, and such payment shall constitute complete fulfillment of that condition.
7. No modification, waiver, mutual termination, or amendment of this Agreement is effective
unless made in writing and signed by Town and Developer.
8. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, including fees incurred in any appeal.
9. This Agreement constitutes the complete and exclusive statement of the Agreement between
Town and Developer.
IN WITNESS WHEREOF, Town and Developer have executed this Agreement as of
the date indicated on page one (1).
WAIMaKe
Approved as to Form: Summer-Hill Homes
L-A
Andrew L. Faber,
Attorney for Developer
WAMSUMMERHI.AGR Page 3 of 4
Approved as to Form:
as
Orry P. Korb,
Town Attorney
ATTEST:
Clerk of the Town of Los Gatos
Los Gatos, California
Marian V. Cosgrove, Town Clerk
K40UT Z
TOWN OF LOS GATOS
David W. Knapp, Town Manager
N:WTY\SUMMERHI.AGR Page 4 of 4