1997-041-Enter Into A Reimbursement Agreement With Greenbriar Saratoga Road Company For Oversizing The Storm Drainage System On Blossom Hill RoadRESOLUTION 1997- 41
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ENTER
INTO A REIMBURSEMENT AGREEMENT
WITH GREENBRIAR SARATOGA ROAD COMPANY
FOR OVERSIZING THE STORM WATER DRAINAGE SYSTEM
ON BLOSSOM HILL ROAD
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 a reimbursement agreement with Greenbriar
Saratoga Road Company for oversizing storm water drainage systems on Union Avenue and Blossom
Hill Road - Tract 8899, and that the Town Manager is authorized, and is hereby directed, to execute
said contract /agreement attached hereto and incorporated by reference as Exhibit "A" in the name
and on behalf of the Town of Los Gatos.
WHEREAS: The Developer owns the real property within the Town (the "Developer's
Property ") included in Subdivision, described in Exhibit "B" attached hereto and including the full
"Improvement Plans and Improvement Contract" for Tract # 8899 (on file with the Town Clerk).
WHEREAS: Town Code establishes various development impact fees to offset the cost of
development of Town infrastructure.
WHEREAS: As a condition to the further development of Developer's Property, Town has
required Developer to design, construct and install various improvements. The Improvements are
identified in the "Improvement Contract" and agreement for Tract # 8899 (on file).
WHEREAS: Other similar improvements are necessary to serve other Los Gatos properties,
and Developer and Town agree that it would be more efficient and economical to build as many of
these improvements as early as possible. Town has asked and Developer has agreed to cooperately
construct drainage facilities which provides size, capacity, number or length in excess of that
necessary to serve the Developer's Property. The portion of such Plan Improvements which provide
excess size, capacity, number or length shall be referred to herein as the "Oversized Facilities" and
is described in Exhibit "B" and "C" attached hereto.
WHEREAS: the Town has determined that the amount of the reimbursement is $50,910,
and
WHEREAS: Town has found that this Agreement is in accordance with the requirements
of Sections 16.130.030 and 16.130.040 of the Code and California Government Code Sections 66485
through 66489.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of May, 1997 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan hutchins, Linda Lubeck,
Mayor Joanne Benjamin.
NAYS: None
ABSENT: None
ABSTAIN: None
OR OF THE TOWN 04OS GATOS
GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
REIMBURSEMENT AGREEMENT WITH GREENBRIAR SARATOGA ROAD"N CLLE"
COMPANY FOR OVERSIZING THE STORM WATER DRAINAGKGR:� �-n
SYSTEM ON BLOSSOM HILL ROAD _
IWH:
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This Agreement is made this day of 199 b�%R(t —`--
between the Town of Los Gatos, Los Gatos, California, a municipal corporation (the "Town ")
and Greenbriar Saratoga Road Company ( "Developer ").
Project Description. This work is associated with Improvements for Tract 8899 - Union
Avenue and Blossom Hill Road. The work will take place in the public right -of -way on Union
Avenue and Blossom Hill Road. The project will oversize the storm drain pipe size to
accommodate existing and future capacity need. The northern end of the project will terminate
into the existing 48" reinforced concrete pipe on Union Avenue just south of Thomas Drive. The
project extends to the south with a short reach of new pipe to service Lausen Court. Continuing
to the south, the project then adds another short reach of new pipe across Blossom Hill Road
terminating in a catch basin (Exhibit B).
TERMS
1.1 Design and Construction of Improvements. Developer shall be solely responsible for
designing, constructing, installing and providing for the inspection of the Improvements. The
Improvements shall be fully completed and ready for acceptance by Town at the time required by
the Improvement agreement for the Property. The plans and specifications for the work have
been approved by Town as a part of "Tract #8899 Improvement Plans."
1.2 Source and Method of Reimbursement; Maximum Reimbursement.
1.2.1 Town shall reimburse Developer for the costs associated with the construction, installation
and inspection of the Oversized Facilities identified as Alternates I and II or the approved
"Improvement Plans for Tract #8899 "from development impact fees collected from subject
"Storm Basin Fund" listed in this Agreement.
1.2.2 Reimbursement is authorized because lesser facilities would be required to serve the
drainage for the Property but Developer has agreed to install Oversized Facilities.
1.2.2 Amount of Reimbursement. The amount of reimbursement is the difference in cost
between the lesser facilities that would otherwise be required to serve the property and the cost of
the Oversized Facilities. The Reimbursement amount is $50,910.
1.2.3 Progress payments. A 90% payment shall be paid to the Developer upon completion of the
project provided that the Oversized Facilities have been accepted by the Town and the Developer
has invoiced the Town. A 10% retention shall be held until the provisions of Section 1.8 have
been satisfied.
1.2.4 Notwithstanding the provisions of paragraph 1.2.3, Town may, in its sole discretion,
choose to pay off the entire amount of reimbursement due to Developer at any time during the
term of this Agreement.
1.2.5 Term of The Agreement. The Term of the Agreement for Oversized Facilities shall
continue for a period consistent with the date of the "Improvement Contract," unless the
obligation is satisfied sooner by payment in full of $50,910.
1.2.6 Change Orders. All changes to this agreement shall be in writing and signed by the Owner
and the Developer prior to performing the change order work.
1.3 Inspection. Town shall have the right at all times to inspect the construction of the
improvements to measure compliance with Town approved plans and specifications.
1.4 Developer shall defend, indemnify and hold Town, its elected officials, officers,
employees, and agents free and harmless from any and all liability from loss, damage, or injury to
or death of persons or property in any manner arising out of or incident to Developer's
performance of this Agreement, including without limitation all consequential damages, attorney's
fees and court costs, whether or not resulting from the negligence of Developer or Developer's
agents.
This indemnity shall extend to any claims arising because Developer has failed to properly
secure any necessary easements, land rights, contracts, or approvals, but shall not extend to any
claims arising out of the sole negligence of Town. This indemnity shall also extend to any legal
action commenced by any third party against the Town challenging the terms of this Agreement or
seeking judicial review.
1.4.1 The Developer, at their own expense, shall maintain or extend all insurances and bonds as
required by the "Improvement Contract" for Tract 8899 for the scope and course of this project.
1.5 Commencement of Construction and Inspection. Developer and its Contractor or
Subcontractor shall not commence construction of the Improvement until Developer has received
written authorization from Town to proceed. All work performed on the Improvement shall be
done in strict compliance with Town approved plans, specifications, and the contract documents
for Tract #8899 and in a good and workmanlike manner. All work performed by Developer, its
Developer or agents to construct the Improvements shall be subject to inspection by Town, and
Developers shall require its employees, Developers and agents to comply with all instructions
given by Town during construction and improvements. All fees and costs to construct the
Improvements shall be borne solely by Developer, subject to reimbursement as provided herein.
Inspection by Town or its employees or agents shall not relieve Developer of its liability for
design defects or improper or inadequate workmanship.
1.6 Compliance with Applicable Laws. Developer shall insure that all work performed on the
Improvements is performed in a manner which complies with all applicable federal, state, county
and local government laws, regulations and rules, including all rules and regulations of Town, as
these rules and regulations may be modified or changed from time to time.
1.7 Contractor Licenses. All work performed on the Improvements shall be done only by
Contractors licensed in the State of California and qualified to perform the type of work required
and comply with the Town's Business License Ordinance.
1.8 Acceptance of Work. Upon completion of the Improvements to the satisfaction of Town,
the Improvements shall be presented to the Town Council for dedication and acceptance and for
authorization to file a Notice of Completion. The Town Council may accept the Improvements if
it determines that the Improvements were constructed in accordance with the approved plans,
specifications and contract documents, that they operate satisfactorily, and that all other
requirements of this Agreement have been satisfied.
1.9 Liability for Work Prior to Formal Acceptance. Until the Town Council has formally
accepted the Improvements, Developer shall be solely responsible for all damage to the work,
regardless of cause, and for all damages or injuries to any person or property at the work site,
except damage or
injury due to the sole active negligence of Town, its agents or employees.
1.10 Guarantee. Developer shall guarantee all work and materials as detailed in the
Improvement Agreement for Tract # 8899.
This section shall not, in any way, limit the liability of Developer or any other party for any design
or construction defects in the work subsequently discovered by Town. This item is not meant to
require any additional guarantees beyond those required by the final map conditions.
1.11 Record Drawings. Prior to acceptance of the Improvements by the Town Council,
Developer shall provide Town with one mylar copy of record drawings with certification by a
licensed engineer in the State of California as to accuracy and completeness. Developer shall be
solely responsible and liable for ensuring the completeness and accuracy of the record drawings.
1.12 Ownership of the Improvements. From and after acceptance of the Improvements by
formal action of the Town Council, ownership of the Improvements shall be vested exclusively in
Town.
1.13 Notice. Any notices required or desired to be sent pursuant to this Agreement
TOWN:
Scott R. Baker
Director of Building and Engineering
DEVELOPER:
Patrick Costanzo, Jr.
Greenbriar Saratoga Road Company
Town of Los Gatos 4340 Stevens Creek Boulevard, Suite 240
110 East Main Street San Jose, CA 95129
Los Gatos, CA 95032
1.14 Termination. In the event that Developer defaults in the performance of any of its
obligations under this Agreement or materially breaches any of the provisions of this Agreement,
Town shall have the option to terminate this Agreement upon written notice to Developer.
1.15 Attorney's Fees. In the event any action is commenced to enforce or interpret any term or
condition of this Agreement, in addition to costs and any other relief, the prevailing party shall be
entitled to reasonable attorney's fees.
1.16 Entire Agreement. This Agreement contains the entire agreement of the parties hereto
with respect to the matters contained herein.
1.17 Assignment. This Agreement shall not be assigned without the written consent of the
parties hereto, and any assignment without such written consent shall be void and ineffective;
provided, however, that following the expiration of the guarantee period set forth in Section 1.10
the Developer may assign its right to receive reimbursements hereunder by providing Town with
written notice of such assignment. The written notice shall become effective four (4) months
following its delivery to the Town, provided that the Town shall not be responsible for any
misdirected written notices under this section.
1.18 Time of Essence. Time is of the essence for this Agreement.
Town of Los Gatos Greenbriar Saratoga Road Company
David W. Knapp, Town Manager
Town of Los Gatos
ATTEST:
Marian V. Cosgrove, Town Clerk
Patrick Costanzo, Jr., Developer:
Greenbriar Saratoga Road Company
4340 Stevens Creek Boulevard, Suite 240
San Jose, CA 95129
Print Name
Title
APPROVED AS TO FORM:
Interim Town Attorney Natalie West
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Exhibit B
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PEH--17 -1900 21:27
P.02
SATNIC0 PIPELINES9 INC.
GENERAL ENGINEERING CONTRACTORS
STATE CONTRACTORS LICENSE NO, 160382
213 CRISRCH LANE C1.WBELL. CA 95008 PHONE: (406) 377 -2793 FAX: (408) 377 -7405
TO: GREENBRUR COMPANIES
4340 STEVENS CREEK BLVD., STE 275
SAN JOSE, CA 95129
.4TIEI'MON: PATRICr COSTAN70 tR
DATE: 22- Apr -97
JOB ISSTIMATE No: 11 -6GREE
JOB LOCATION: TRACT 8899- BELGROVF
YOUR NUNOER:
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QUANTITY
DESCRLYtION
t1I47r PEtICE
AMOUNT
TOTAL AMOUNT
1
i
STORM
1
5 EA
Standard storm manhole
1.600.00
8 000 00
2
384 LF
12" RCP
33.00
12,672.00
3
1085 LF
15" RCP
92.00
99,820.00
4
5
353 LF
2 EA
12" PVC
Field inlet 2 x 3
29.00
1 000 00
10,237.00
2,000M
6
1 EA
Break into existing manhole
500.00
500.00
7
7 EA
Install 12" wye with 2' stub
150.00
1.050.00
TOTAL STORM
$134,279.a
ALTERNATE 1l1
1
5 EA
Standard storm manhole
1,600.00
8,000.00
2
407 LF
12" RCP
42.00
17,094.00
3
162 LF
15" RCP
56.00
9.072.00
4
925 LF
18" RCP
104.00
96,200.00
5
353 LF
12" PVC
29.00
10,237.00
6
2 EA
Field inlet 2 x 3
1,000,00
2,000.00
7
1 EA
Break into existing manhole
500.00
500.00
8
1 EA
Break into existing CB
500.00
500.00
9
7 EA
Install 12" wye with 2' stub
150.00
1,050.00
TOTAL ALTERNATE p1
S144,691N
ALTERNATE #2
1
5 EA
Standard storm manhole
1,600.00
8.000.00
2
270 LF
12" RCP
43.00
11,610.00
3
85 LF
15" RCP
220.00
18,700.00
4
299 LF
1S' RCP
86.00
25,714.00
5
925 LF
24" RCP
115.00
106,375.00
6
353 LF
12" PVC
29.00
10,237,00
7
2 EA
Field inlet
1,000.00
2,000.00
8
1 EA
Break into existing manhole
500.00
500.00
9
2 EA
Break into existing CB
500.00
1,000.00
10
7 EA
Install 12" wye with 2' stub
150.00
1,050,00
TOTAL ALTERNATE #2
$185,186.0
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Article 6. Reimbursement
66485. Local ordinance may impose requirement that facilities
'T:arftain supplemental size or length
There maybe imposed by local ordinance a requirement that improvements
installed by the subdivider for the benefit of the subdivision shall contain supplemental
size, capacity, number, or length for the benefit of property not within the subdivision, and
that those improvements be dedicated to the public. Supplemental length may include
minimum sized offshe sewer lines necessary to reach a sewer outlet in existence at that
time.
[Amended, Chapter 704, Statutes of 19831
66486. Local agency must agree to reimburse subdivider for
oversizing 4
In Pursuant tt the Section 66485,1 hetilocalf agency hallsenter into ban agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements,
including an amount attributable to interest, in excess of
subdivision. the construction required for the t
[Amended, Chapter 704, Statutes of 19831
68487. Methods of payment under reimbursement agreement
In order to pay the costs as required by the reimbursement agreement, the local
agency may:
(a) Collect from other persons, including public agencies, using such
improvements for the benefit of real property not within the subdivision, a reasonable
charge for such use.
(b) Contribute to the subdivider that part of the cost of the improvements that is
attributable to the benefit of real property outside the subdivision and levy a charge upon
the real property benefited to reimburse itself for such cost, together with interest
thereon, if any, paid to the subdivider.
(c) Establish and maintain local benefit districts for the levy and collection of
such charge or costs from the property benefited.
66488. Local agency may adopt plan and map delineating
benefited areas for drainage and sanitary sewer
facilities and establishing charges
Any local agency within a local drainage or sanitary sewer area may adopt he plan
and map designated in Section 66483 and impose a reasonable charge on property within
the area which, in the opinion of the legislative body, is benefited by such drainage or
sanitary sewer facilities. The charge collected must be paid to the local agency or
subdivider constructing such drainage or sanitary sewer facilities, and any local agency
within the drainage or sanitary sewer area may enter into a reimbursement agreement with
the subdivider.
66488. Local agency may establish benefit area for bridge and
major thoroughfare improvements
Any local agency may establish an area of benefit pursuant to Section 66484 and
may impose a reasonable charge on property within the area which in the opinion of the
legislative body, is benefited by the construction of the bridge or major thoroughfare, The
charge collected shall be paid to the local agency or subdivider constructing the bridge,
and any focal agency having jurisdiction over any property which, in the opinion of the
legislative y, is benefited by the construction of the bridge or major thoroughfare may
enter into a reimbursement agreement with the subdivider.
Attachment 2