3SpW N OF
tos �'Aios COUNCIL AGENDA REPORT
DATE: MAY 07, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 05/20/13
ITEM NO: 2
SUBJECT: TRACT NO. 10041 —THRASH HOUSE (371 LOS GATOS BOULEVARD
ADOPT RESOLUTION ACCEPTING THE WORK OF THRASH HOUSE
INVESTORS, LLC, AND AUTHORIZING THE TOWN MANAGER TO
EXECUTE A CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR.
RECOMMENDATION:
Adopt a resolution accepting the work of the Thrash House Investors, LLC, and authorizing the
Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording
by the Clerk Administrator.
BACKGROUND:
The Town Council adopted Ordinance 2174 on May 4, 2009, approving planned development
application PD -07 -143. Ordinance 2174 approved 18 new residences and the renovation of the
historic Thrash House (total 19 units.) The Development Review Committee approved the
Tentative Map (M- 09 -02) on July 14, 2009. The Final Map for Tract 10041 was approved by
Town Council on February 16, 2010, Resolution 2010 -019.
DISCUSSION:
The Tract 10041 Thrash House (371 Los Gatos Boulevard) development required widening of
Los Gatos Boulevard and Caldwell Road, and replacement of existing curb, gutter and sidewalk
along the project frontage. Additionally, the developer undergrounded utility lines along the
project frontage, and installed storm, sanitary sewer, and water utilities on Caldwell Road.
Caldwell Road was re- surfaced upon completion of the utility trenching work. The
Caldwell /Kennedy intersection at Los Gatos Boulevard was modified to enhance pedestrian
safety and re- striped to improve operational efficiency.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: f S�_Assistant Town Manager Town Attorney Finance ��
PAGE 2
MAY 7, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: TRACT NO 10041 — THRASH HOUSE (371 LOS GATOS BOULEVARD)
DISCUSSION (cont'd.):
The developer posted security, in the form of bonds, to ensure that the public improvements
would be constructed to meet the Town's 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 of Los Gatos and the release
of 90- percent of the security.
ENVIRONMENTAL ASSESSMENT:
This activity is a project as defined under the California Environmental Quality Act (CEQA), but
is ministerial; therefore no further 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:
1. Resolution accepting work of Tract No. 10041 — Thrash House (371 Los Gatos Boulevard)
(with Exhibit A - Certificate of Acceptance and Notice of Completion)
Distribution:
Thrash House Investors, LLC, 2185 The Alameda, Suite 150, San Jose, CA 95126
I *Y17"bl11W]
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF
THRASH HOUSE INVESTORS, LLC
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMINISTRATOR
WHEREAS, on February 16, 2010, Resolution 2010 -019, the Town Council approved
the final map for Tract No. 10041 Thrash House (371 Los Gatos Boulevard); and
WHEREAS, Thrash House Investors, LLC has satisfactorily completed the public
improvements consisting of installation of curb, gutter, sidewalk, paving, catch basins, pipes,
culverts, sanitary sewer, street lighting, street trees, signage, water system and fire hydrants as
required by the final map; and
WHEREAS, the development is now ready for approval and acceptance by the Town of
Los Gatos.
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 Administrator is directed to transmit this
Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for
recording.
BE IT FURTHER RESOLVED, that the Clerk Administrator is directed to release
ninety percent of the full amount of the Faithful Performance, and Labor and Materials bonds.
Attachment 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 20`x' day of May, 2013 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
NUIP161'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Recording Requested By:
Town of Los Gatos
When Recorded Mail To:
Clerk Administrator
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
Record without fee pursuant to
Government Code Section 6103
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PROJECT: Tract 10041 Thrash House Investors, LLC (371 Los Gatos Boulevard)
Planned Development
OWNER: Thrash House Investors, LLC
2185 The Alameda
San Jose, CA 95126
TO WHOM IT MAY CONCERN:
We do hereby certify that the developer, Thrash House Investors, LLC, completed the work
consisting of street, curb, gutter, sidewalk, street light, sanitary sewer, storm drainage and street
tree improvements as required on the approved Plans and Specifications for the project.
The work was completed in April 2013, and is commonly known as Tract 10041 Thrash House
(371 Los Gatos Boulevard).
The Surety on the bond accompanying the contractlagreement is: Underwriters Insurance
Company.
Bond Number: 763439S ,
Bond Issued date: January 29, 2010
Issuer: Developer's Surety and Indemnity Company
TOWN OF LOS GATOS
in
Greg Larson, Town Manager
ACKNOWLEDGEMENT REQUIRED
Exhibit A
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
I, GREG LARSON, 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 true 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 , 2013 at Los Gatos, California.
Greg Larson Town Manager
Town of Los Gatos
RECOMMENDED BY:
Date:
Todd Capurso,
Director of Parks and Public Works
APPROVED AS TO FORM:
Date:
Judith Propp, Town Attorney
NOTARY JURAT REQUIRED
ACKNOWLEDGEMENT
State of California
County of Santa Clara
On before me, JACKIE ROSE, NOTARY
PUBLIC, personally appeared GREG LARSON, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that by his signatures on the
within instrument the entity upon behalf of which the person acted, executed the instrument.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal:
(Seal)
Notary Public
----------- -- ---------- - - - - -- OPTIONAL ---- --------- -- ---- -- - - - -- --
CAPACITY CLAIMED BY SIGNER:
None
DESCRIPTION OF ATTACHED DOCUMENT: Certificate of Acceptance and Notice of
Completion
Title of Document: Tract No. 10041 — Thrash House (373 Los Gatos Boulevard)
No. of Pages: 1
Date of Document: 05/20/13
Signer(s) Other than Named Above: Judith Propp
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