1994-114-Approving Final Map Of Tract No. 8612 And Authorizing Major To Sign The Contract For The Improvements Of Tract No. 8612RESOLUTION 1994 -114
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING FINAL MAP OF TRACT NO. 8612
AND AUTHORIZING THE MAYOR TO SIGN
THE CONTRACT FOR THE IMPROVEMENTS
OF TRACT NO 8612
WHEREAS, on April 14, 1993, the Planning Commission of the Town of Los Gatos
approved Subdivision Application S -90 -9 and Negative Declaration Application ND -90 -5 and
Zone Change Application Z- 90 -2A, with conditions; and
WHEREAS, on August 2, 1993, the Town Council of the Town of Los Gatos
approved PD Ordinance 1953, with conditions; and
WHEREAS, those conditions required the Developer to do the following:
1. That prior to the delivery of said Map to the owners of said subdivision, and prior
to its recordation, the owners or subdividers of said subdivision shall enter into and
execute an agreement between the Town of Los Gatos and the said owners or
subdividers on that certain proposed Subdivision Agreement on file in the Office of
the Town Clerk, entitled, "Contract for the Improvement of Tract No. 8612 ", attached
hereto as Exhibit 'A "; wherein the Owners or Subdividers in consideration of the
approval of said Map by the Town and acceptance by the Town of the dedication of
lands for public use therein contained, shall agree to construct and complete, within
the time specified in said agreement, all street and other improvements required of
Owners under the provisions in Chapter 24 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 8612.
2. That said Owners or Subdividers shall, before the release of said Final Map to
Owners 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
Owners or Subdividers 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 five hundred twenty -seven thousand eight hundred and
No /100 Dollars ($527,000.00).
D V 16 \N: \SSURE \PLN08019.i9
3. That said Owners or Subdividers sball, before the release of said Final Map to
Owners 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 Owners or Subdividers of all things required to
be done in the above mentioned agreement between said Owners or Subdividers and
the Town of Los Gatos.
WHEREAS, the Developer has complied with the conditions of Subdivision
Application M -90 -9 and PD Ordinance 1953.
RESOLVED that the certain Final Map of Tract No. 8612 in the Town of Los Gatos,
dated July 1993, and prepared by Nowack & Associates, for approval by the Town Engineer
of the Town of Los Gatos, is hereby approved, subject to the following:
1. Improvement plans are completed and approved by our plan checking consultant,
Willdan Associates.
2. Town Standard Contract, Faithful Performance Security, Labor and Materials
Security and insurance have been provided.
3. The remaining fees have been paid. The fees remaining are the inspection fee and
the storm drainage fee.
4. Approval has been granted by U.S. Army Corp of Engineers, and California
Department of Fish and Game for work in the creek and wetlands areas.
5. Clearance has been received from West Valley Sanitation District.
FURTHER RESOLVED that the Mayor is hereby authorized to execute the
agreement with the Developer; and all offers of land for public use therein made on said
Map are hereby accepted.
D V 16 \NAS11,WWLN09019.1]
PAGE 2
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1"
day of August, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR O E TOWN OF S GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OFD S GATOS
LOS GATOS, CALIFORNIA
DV16� W \SI{�g�pl,\08019.17
PAGE 3
CONTRACT FOR THE IMPROVEMENT OF
TRACT NO. 8612
LOS GATOS, CALIFORNIA
CONTRACT NO.
F
r.
CIVIC CENTER
110 E. MAIN STREET
P.O. Box 949
Los GATos, CA 95031
This agreement, made and entered into, effective upon the last date this document is signed by the parties
hereto, by and between the TOWN OF LOS GATOS, a municipal corporation of the State of California, after this
called'TOWN," and MAXIM INVESTMENTS, INC., after this called "SUBDIVIDER," whose principal place of
business is 1190 Saratoga Ave, Suite 210, San Jose, CA 95129; (and, if the Owner of the following described Tract
are different or additional persons, ROBERT H. WEIR after this called "OWNER').
WITNESSETH
WHEREAS, SUBDIVIDER is engaged in subdividing that certain tract of land known and designated as
Tract No. 8612, in the Town of Los Gatos, County of Santa Clara, State of California; and
WHEREAS, a Final Map of Tract No. 8612, after this called "MAP," has been Filed with the Town Clerk
of Los Gatos, for presentation to the Council for its approval, which map is incorporated herein by reference; and
WHEREAS, SUBDIVIDER has requested approval of the MAP before the completion of improvements
of all streets, highways, or public ways and sewer facilities that are a part of or appurtenant to Tract No. 8612,
including the necessary curbs, gutters, paving, catch basins, pipes, culverts, storm drains, sanitary sewers, street
lighting and street trees, street signs, including water system and fire hydrants acceptable to San Jose Water
Company and Santa Clara County Central Fire Protection District, all according to the plans and specifications for
all or any of said improvements in or appurtenant to Tract No. 8612, which plans and specifications are now on file
in the Office of the Town Engineer of said TOWN; the plans and specifications are composed of:
Sheets numbered: 1 through 1.1
Prepared by: Nowack & Associates, Inc., Civil Engineers
Entitled: Plans for the Improvement of Tract No. 8612
Dated: July, 1994
After this called "PLANS'; and
DV 16'.� \C0NTRAQIT1R -8614
Rev.: 917N4
INCORPORATED AUGUST 10, 1887
WHEREAS, the Town Council of said TOWN did, on the day of
1994, adopt a Resolution approving the MAP and accepting the dedications therein offered, subject to and on
condition that the SUBDIVIDER first enter into and execute this Agreement with the Town of Los Gatos, and
provide the TOWN with such security for performance and insurance and all other things as required by this
Agreement and by the Resolution;
NOW, THEREFORE, to insure satisfactory performance by SUBDIVIDER of these obligations, and in
consideration of the approval of the MAP, the parties hereto do now agree as follows:
1. SUBDIVIDER shall construct all of the improvements and do all the work hereinabove or hereinafter
mentioned, all according to and to the extent and as provided in the Plans and to meet all Town
Ordinances and the laws of the State of California. Work shall be completed within one (1) year from the
date of this Agreement.
2. SUBDIVIDER shall, before the release of the MAP by the TOWN, for filing for record and as a condition
precedent to the recordation of it, furnish to the TOWN and file with the Town Clerk cash, an instrument
of credit, or a bond as provided by the Subdivision Map Act, in a form approved by the Town Attorney,
securing performance by SUBDIVIDER of all work shown on the Plans, and completion within the agreed
time. The amount of cash, instrument of credit or bond shall be Five hundred Twenty -seven thousand
eight hundred and 00 /100 Dollars ($527,800.00). It is further agreed that after final acceptance of the
work, ten (10 %) percent of the bond or cash shall remain in effect to guarantee the repair and replacement
of defective materials and construction, furnished or done by the SUBDIVIDER discovered within one
(1) year after final acceptance of the subdivision improvements by the Town.
3. SUBDIVIDER shall, before release of the MAP by the TOWN, and as a condition precedent to its
recordation, also furnish the TOWN and file with the Town Clerk cash, an instrument of credit, or a good
and sufficient bond in form approved by the Town Attorney, securing payment to the Contractor,
Subcontractors, and to persons renting equipment or furnishing labor or materials to them for the
improvements, the amount of additional cash, instrument of credit, or bond to be. Five hundred twenty -
seven thousand eight hundred and 00 /100 Dollars ($527,800.00).
4. SUBDIVIDER does expressly agree to indemnify and hold harmless the Town of Los Gatos, its Town
Council Members, Boards, Commissions, employees and agents, from any and all loss or damage, and
from any and all liability, including cost of defense, for any and all loss or damage, and from any and all
suits, actions or claims filed or brought by any or all persons or person because of or resulting from the
doing by SUBDIVIDER of any and all things required of SUBDIVIDER by this Agreement, or because
of or arising or resulting from the failure or omission by SUBDIVIDER to do any and all things necessary
D V 168 =NTRACTTA -8612
Rev.: 7/7/94
to and required by this Contract or by law, or arising or resulting from the negligent doing by
SUBDIVIDER, SUBDIVIDER'S agents, employees or subcontractors of any and all things required to
be done by this Contract, or arising or resulting from any dangerous or defective condition arising or
resulting from any of the above said acts or omissions of SUBDIVIDER, SUBDIVIDER'S agents or
employees.
5. SUBDIVIDER shall, before the release of the MAP by the TOWN and as a condition precedent to the
recordation thereof, furnish to the TOWN and file with the Town Clerk, and at all times during the
performance of its obligations under this Agreement maintain the insurance described in Exhibit A.
6. If performance of this Agreement should be delayed without fault of the SUBDIVIDER, the time for the
construction of same may be extended by the Town Council for such period of time as is reasonable delay.
7. SUBDIVIDER expressly agrees, at the SUBDIVIDER's cost and expense, to provide adequate drainage
within the aforementioned Tract No. 8612 and construct storm drainage discharge facilities into Ross
Creek.
8. SUBDIVIDER shall pay (or has heretofore paid) to the Town storm drainage fees pursuant to the
provisions of Chapter 24 of the Los Gatos Town Code, in the total amount of Sixteen thousand nine
hundred forty and 00 /100 Dollars ($16,940.00), calculated at the rate of $2,000 per acre for the area within
the boundaries of Tract No. 8612.
9. SUBDIVIDER shall pay to (or has previously paid) the Town the sum of Thirty -nine thousand five
hundred twenty -eight and 00 /100 Dollars ($39,528.00) to defray the costs incurred by the Town in
reviewing and checking the MAP for Tract No. 8612, the Plans and Specifications, and inspecting the
construction of the improvements within said Tract.
10. The SUBDIVIDER shall maintain all public streets, sidewalks, and right -of -way in a safe and usable
condition at all times during construction. Should any public street, sidewalk, or right -of -way become
unsafe or unusable because of the SUBDIVIDER'S activities, the SUBDIVIDER shall immediately cease
all work on the project until the street, sidewalk, or right -of -way is made safe and usable, for which the
SUBDIVIDER shall be solely responsible.
U V 16M;\CONTR J'R -8612
Rev.: DW94
3
NOTICES:
Notices regarding this Contract shall be given as follows and shall be considered effective upon either personal
delivery or five (5) days following deposit in the U.S. Mail:
To SUBDIVIDER: Mr. William Hirschman
Maxim Investments, Inc.
1190 Saratoga Ave, Suite 210
San Jose, CA 95129
To TOWN: Scott Baker, Director of Building and Engineering Services
Department of Building and Engineering Services
P.O. Box 949
Los Gatos, CA 95031
WAIVER:
Waiver of a breach of default under this Contract shall not form a continuing waiver or a waiver of a subsequent
breach of the same or any other provision of the Contract.
SEVERABILITY:
If any term of this Contract is held invalid by a court of competent jurisdiction, the remainder of this Contract shall
remain in effect.
ENTIRE AGREEMENT AND AMENDMENT:
No verbal agreement or conversation with any officer, agent, or employee of TOWN, either before, during or after
the execution of this Contract, shall affect or modify any of the terms or obligations contained in the Contract.
TOWN OF LOS GATOS
UFAVLOM
ATTEST:
TOWN CLERK
APPROVED AS TO FORM:
DATE:
DATE:
DATE:
TOWN ATTORNEY
DV16N \CONIR Cnl R -8611
Rev.: 7/1194
RECOMMENDED BY:
PLANNING DIRECTOR DATE:_
SUBDIVIDER
MAXIM INVESTMENTS, INC.
DA
William F. Hirschman, President
DV I6�ACONTR CSVR -8612
Rev.: 7/7/94
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