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2010051705 - Reservior Road - Norice of Completion and Certificate of Acceptance - San Jose Water Works - Sienna Oaks~pW N OF ' ~.~„ .~ SOS CASpS DATE: TO: FROM: COUNCIL AGENDA REPORT APRIL 22, 2010 MAYOR AND TOWN COUNCIL MEETING DATE: 05/17/10 ITEM NO: GREG CARSON, TOWN MANAGER //~' SUBJECT: RESERVOIR ROAD (APN: 529-31-0411 ADOPT RESOLUTION ACCEPTING WORK OF SIENNA OAKS, LLC, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION POR RECORDING BY CLERK ADMINISTRATOR RECOMMENDATION: Adopt a Resolution accepting work of Sienna Oaks, LLC, and authorizing the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Town Clerk Administrator. BACKGROUND: The original developer of the project, San Jose Water Company, requested approval to subdivide the property and construct 4 single family homes. On January 20th, 2004, the Town Council approved the Subdivision Application & associated Tentative Map (M-O1-13). The property was subsequently transferred to Sienna Oaks, LLC who filed a Parcel Map for the project which was approved and recorded May 1, 2006. DISCUSSION: The Reservoir Road (APN: 529-31-041) development was required to offer Public Service Easements along the Prospect Avenue and Reservoir Road frontages and complete storm drainage, rolled curb and paving improvements to widen sections of Reservoir Road in that area. Additionally, Ute developer was required to do a pavement overlay of portions of Reservoir Road from the development to Cleland Avenue. The work was completed to Town standards in November of 2009. ~~~ PREPARED BY: TODD CAPURSO Director of Parks and Pttblic Works Reviewed by: Town Manager Attorney Clerk Administrator ~~ Finance Conununity Development N:1PPW\MANAGEMF,NT\COiJNCIL\COUNCIL REPORTS\20101tepor~s\May 17U2escrvoirRoad.PinalAcceptance.doc PAGE 2 APRIL 22, 2010 MAYOR AND TOWN COUNCIL SUBJECT: RESERVOIR ROAD (APN: 529-31-041) DISCUSSION (cont'd): The Developer posted security, in the form of certificates of deposit, to ensure that the public improvements would be constructed to Town standards. The Town typically releases 90-percent of the security upon recordation of the Certificate of Acceptance and Notice of Completion, and retains 10-percent for two years. CONCLUSION: This project is now ready for approval and acceptance by the Town and the release of 90-percent of the security. Staff therefore recommends the Town Council adopt a resolution accepting the work of Sienna Oaks, LLC, and authorizing the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Town Clerk Administrator. ENVIRONMENTAL ASSESSMENT: This activity is a project as defined under the California Enviromnental Quality Act (CEQA), but is ministerial; therefore uo fm-ther action is required under CEQA. FISCAL IMPACT: There is no direct known fiscal impact associated with accepting these previously required public improvements. However, once accepted these improvements become part of the Town's infrastructure which must be maintained. The future costs are not known at this time. New development in the subdivision will yield new property tax revenues to the Town in future years. Attachments: Resolution accepting work of Sietma Oaks, LLC for RESERVOIR ROAD - (APN: 529-31-041) (Exhibit A -Certificate of Acceptance and Notice of Completion) Distribution: Sienna Oaks, LLC, Attn: Lynn O'Brien, 80 Reservoir Rd, Los Gatos, CA 95030. RESOLUTION Attachment 1 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF SIENNA OAKS, LLC AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR WHEREAS, on January 20«' 2004, Resolution 2004-4, the Town Council approved the Subdivision Application and associated Tentative Map for Reservoir Road (APN: 529-31-041) and which subsequent Parcel Map was approved and recorded May 1, 2006 ;and WHEREAS, Sienna Oaks, LLC has satisfactorily completed the public improvements consisting of installation of storm drainage, curb and paving improvements as required by the parcel map; and WHEREAS, the public hnprovements have been satisfactorily completed; and WHEREAS, the development is now ready for approval and acceptance by the Town of Los Gatos and release of 90-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 as (Exhibit A) hereto. BE IT FURTHER RESOLVED that the Clerk Adminishator is directed to transmit this Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County far recording. BE IT FURTHER RESOLVED that the Clerk Administrator is directed to release 90- percent of the Faithful Performance, and Labor and Materials security. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17`x' day of May, 2010 by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERIC ADMINISTRATOR OF THE TOWN OP LOS GATOS LOS GATOS, CALIFORNIA Recording Requested By: Town of Los Gatos When Recorded Mail To: Clerk Administrator Town of Los Gatos P.O. Box 949 Los Gatos, CA 95031 EXHIBIT A Record without fee pursuant to Government Code Section 6103 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION PROJECT: Reservoir Road (APN: 529-31-041) OWNER: Sieima Oaks, LLC SO Reservoir Rd Los Gatos, CA 95030 TO WHOM IT MAY CONCERN: We do hereby certify that Siemia Oaks, LLC completed the work consisting of installation of storm drainage, curb and paving improvements as required on the approved Plans and Specifications for the project. The work was completed in November 2009, and is commorily known as Reservoir Road (APN: 529-31-041). The Bank on the Certificate of Deposit accompanying the contract/agreement is: Heritage Bank of Commerce. Account Numbers: 402000769 & 402000757 Certificate Issued Date: April 10, 2006 TOWN OF LOS GATOS By: Director of Parks and Public Works By: Town Manager ACKNOWLEDGEMENT REQUIRED AFFIDAVIT I, GREG CARSON, the Manager of Town of Los Gatos, have read the foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know the contents thereof. The same is hue 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 , 2010 at Los Gatos, California. Greg Larson Town Manager Town of Los Gatos RECOMMENDED BY: Todd Capurso, Director of Parks and Public Works APPROVED AS TO FORM: Michael Martello Interim Town Attorney Date: Date: JURAT REQUIRED