Loading...
91-038 b Wilson School Site Documents 91-038 WILSON SCHOOL SITE DOCUMENTS r RESOL TICK NO. 8447 A MMMON OF TM CITY COUNCIL OF TM CITY OF capERTIND AUTHMZIM Exiamw OF "SUPPIDENML " BE EEN Tim CUPMM UNICK SQL DISTRICT AND TM CITY OF CUPEFUMM PROVIDING FOB TES BCX.M13AY ADJUSTKM OF TRACT NO. 8332 AND TM WILSON PARR SITE WEMWAS, the approval of Tract Ato. 8332 requires that a certain boundary exchange be made with the City-owned Wilson Park site located adjacent to the said tract; and MMWAS, the "Supplemental Agreement" submitted to the City Council addresses the exchange of certain areas between the City of Cupertino and the Cupertino Union School District to ocuply with the lot sizes in acaorchanoe with the approved tentative map; and WFIIMEAS, the prolvisioc:.s, ter-no, and oondituxw of said "Supplemental I Agr wmt" have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, TMMORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the aforementioned agent and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. BE IT FURMM RESOLVED that the City Clerk is hereby authorized to record said deed end this Reaolution. PASSED AND ADAPTED at a regular meeting of the City Council of the City of Cupertino this 15th _ day of July , 1991, by the following vote: vote Meirbers of the City Council AYES; Goldman, Rogers, Sorensen, Szabo, Koppel MMS: None INgTFIS IS OIE C 'RTIFY THAT THE WITM4t4 ❑F THE ORIGINAL ON FAND CORRECT OFFICE. Ate'; NonE PILE: IN THIS OFFICE. l ABST ATTEST AIN: None CITY 19 F TH CITY � pERTINO r?•r / , A'ITIM: APPRCfVED: ` c.T C_E arc ._ /s/ Roberta A. Wolfe /s/ Barb Koppel City Clerk , Deputy Mayor, City of Cupertino SUPPLEMENTAL AGREEMENT The City of Cupertino (hereinafter 01City") , a municipal corporation in the State of California and the Cupertino Union School District agree as toilows: 1. The District owned 9.6 acres of land commonly known as the former Wilson School site which was declared surplus and not needed for educational purposes; 2 . The City pl:rchased 5.6 acres of the Wilson School site as an extension to Wilson Park at a purchase price of $1, 000,000 per acre for a total purchase price of $5,600,000. 3. At the time of the park purchase, the District's plans for development of 18 residential lots on the remaining 4 acres of the site were in the design stage. Therefore, it was agreed by both parties in the Agreement for Purchase of Wilson School Property that the boundaries of the park might "be modified by mutual agreement of the parties subject to final engineering. " 4 . The District is seeking City approval of Tract Map 8332 in July 1991. Said tract map identifies the 5.6 acre park area as Lot 19. Boundary adjustments from the original park purchase to conform with the boundaries of Lot 19 result in a net loss to the City of .021189 acres of park land. 5. Both parties agree to quitclaim their interest in the other party's lands in order to bring ownership of the land into conformance with the boundaries of the lands in Tract 8332. 6. To compensate the City for the net loss of .021189 acres of land, the District proposes to extend a credit of $21, 189 to the City toward the City's share of the improvement costs for Tract 8332 pursuant to the Agreement between City and District dated Agreed to this ! ' day of '1 1991 by the undersigned. CITY OF CUPERTINO CUPE INO O D B CT fIA� By City Attorney City Clerk b t CITY OF CUPERTINO INTERDEPARTMENTAL Date APRIL 8, 1993 To_ CITY CLERK From —PUBLIC WORKS--SUMI O Information MESSAGE: TRACT 8511--GHENO (CC 4/6/93) O Implement AGREEMENT AND COVENANT RUNNING WITH THE LAND 0 Investigate TRANSMITTED FOR PROCESSING ARE THREE SETS OF THE AGREEMENT. Q Discuss See me THIS AGREEMENT REQUIRES R.,'CORDATION. THIS OFFICE WILL TAKE THE 0 Reply *. . MAP Sm a EH. Reply: _ — f ' SIGNED: DATE Forward part 1 Retain part 2 RESOLUTION ISO. 8855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRAC'' NO. 8511, LOCATED SOUTH BLANEY AVENUE, APN 369-44-002; DEVELOPER, HAROLD L. GHENO AND ANTONIO M. GHENO ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNF''TION THEREWITH WHEREAS, there has been presented to the City Council for approval and authorization to record final map of Tract No. 8311, located on South Blaney Avenue, adjacent to Wilson Park, showing certain avenues,drives, places,and roads by Harold L. Gheno and Antonio M. Gheno,and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for tether improvements with the provision that all fees, bonds, reimbursements, cash deposits,and installation of improvements shall be deferred as more particularly described in he agreement and as previously approved by the City Council. NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map and improvement plans of Tract No. 8511,be and the same are hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. C. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorizes to sign the improvement plans. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of April ,, 1993, by the following vote: S - TRACT AGMrP Rr AND ODVEMANr HUNNT.NG WrM THE LAND BIANEY AVENUE, APN #369-04-002 This ACTT, made and entered into this ---, -Oay of `!�f) j 19�, by and between the CITY OF CUP£MM, a municipal corporation of the State of California, hereinafter designated as CITY, and RAUD L. MM & ANMMIO N GHM, successor trustees of the Editt: B. Gheno Family Trust, dated March 18, 1988, hereinafter designated as DEVELOPER. WITNESSETH MERFAS, said DOMDPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed -with the City Council of the City of Cupertino, marked and designated as TRACT 8511, Clpertino, California, hereinafter designated as the "'Tract"; and (Tract Map Attached) WHEREAS, said map shows certain cou-t-ts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the inprovement plans and specifications prepared for the Tract by KUM & IRLG9r, a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, 'T EREFURE, said itgrovem rat plans and specifications shall be hereinafter called the ','Plans," and the work to be done under the Plans shall be called the "Work." Page 1 File: 51,968 WHEREAS, pursxmik to the provisions of this Aado4W, the CITY hereby established the amounts of Bards, Fes, and Deposits as set forth in the following schedule: SOUMLIX OF BMW, FE:FS AND DEPOSITS PART A. Faithful Performance Bond: $44,468.00 FORTY FIOM THOUSAND F"M HLICRED SIXTY EIGUr DOLLARS AND 00/100 PART B. Labor and Material Band: $44,468.00 FORTY F OM THOUSANT) FUM HLtQORED SIXiY EIGHT DOLLARS AND 00/100 PART C. Checking and Inspection Fee: $ 2,223.00 TWO THOUSAND TWO HUN'LL:7 TWENTY TMIEE DOLLARS AND 00/100 PART D. Indirect City $ 334.00 THREE HEDUM D THMY FOUR DOLE AND 00/100 PART E. Map Checking Fee: $ 220.00 TWO HCaDRED 74E TIY DOLLARS AND 00/100 PART F. Development Maintenanoe Deposit: $ 3,000.00 THREE THOUSAND DOLLARS AND 00/100 PART G. Storm Drainage Fee: $ 1,935.00 Cl c THOUSAND NINE HL$DItED THnm FIVE DOL LINRS AND 00/100 PART H. One Year Power Cost: N/A PART I. Street Trees: BY DEVELOPER PART J. Park Fee: Zone II $141,750.00 Aoct ,#480-416-033 ONE HUNDM FUMY ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND 00/100 PART K. Water Main Reimbursement: N/A PARS L. Maps and/or Improvement Plans: AS SPECIFIED IN rM #23 File No: 51,968 Page 2 WHEREAS, DES desires to record the final map, and wishes to defer payment of fees, boards, cash deposits, installation of , and reimbirsements until the first lot is sold or the first building permit is applied for, whichavex comers first. WHEREhS, CITY has authorized said defemamit in conjunction with those certain agreements eaacuted between the CITY, tHEN0, AND THE CUPau'I4o UNION SCHOOL DISTRICT, which are attached as Exhibit B. 2a NM, THEREFME, IT IS HEREBY MM,L1.Y AGREED by and between the parties hereto as follows, M WIT: 1. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall imcall and ocanplete the Work within one (1) year fran the date of the sale of the first lot or the first building permit application, whichever ooaies first, or such longer period as may b° specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to camplete the Work within the specified period of time, the CITY at its sole option, shall be authorized to aomplete the Work in whatever manner the CITY shall decide. In the event the CM completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S R'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the Plans as approved by the City Engineer of Cupertino. Me Work shall be performed under the inspection and with the approval of the City Engineer. The Work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statute, applicable thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specif ,cations of the Department of Public Works, California Depart of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "Califomia Division of Highways" are mentioned in the state Specifications, it shall be considered as referring to the CITY of C:upmtino; also wherever the "Director" or "Director of Public works" is mentioned, it shall be considered as refe-ring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 2. EO{CAVATION PE RUr It is further agreed that the DEVELOPER shall camply with Section T2zree of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the nencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the paroposed excavation is to commence. Page 3 3. QUITCUUM DEED It is further aid that the DEVELOPER, when requested by the CITY, shall quitclaim all hi., rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of the ACREEI+fE U, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this ALpImpo;T. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEmEn, the value of any land agreed to be dedicated, and any improvements to be made under this AGUMM T. In the event that imps are to be made under th.,s ACTr, the DEVELOPER shall, in addition to said faithful perform, file with tbp- CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said movements. The amour✓ of said bands shall be as designated by the City Engineer. Said bonds shall be executed by a surety oompany authorized to transact a surety business in the state of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. in the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this ALmm4ENT, or to make any payment, or any dedication of land, or any improvenents herein required, the CITY shall call on the surety to perform this AGREETT or otherwise indem ufv the CITY for the DEVELOPER'S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEKERr by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (r) or (c) . C. The amount of said cash, decks, certificate of deposit, or instrur,uTt of credit shall be as designated by the City Engineer, and shall. ke the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this ACC mEffr, or to make any payment, or any dedication of land, of any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. Page 4 5. 0MCKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CTTY in connection with said Project; and that DEVELOPER shall have deposited with CITY, prior to execution of this AGPEEKENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said stmi is calculated, the City Engineer shall notify DEVELOPER of any additional stun due and owing as a result thereof. 6. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvem-its, the amount as set forth herein at Page 2 (Part D) . 7. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with City, prior to execution of this AGREEMENT, for office checking of final rr%p and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, tt-- amount as set forth herein at Page 2 (Part E) . 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this ACREEM u, the amount set forth herein at Page 2 (Part F) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty wor)ananship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs r0 the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of the AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part G) . 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGREEMENT, the amount as set forth herein at Page 2 (Part H) , which amount represents the power cost for street lights for one year. 11. THE INSUdLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected frcmn the City approved list. Page 5 12. PARK FEES It is further agreed that the DEVELOPER shall gay such fees and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which a fora►+-r stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 1991, and Section 18-1.602 of the C413ertino Municipal Code. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specificatiions for the Work, whichever is the later to occur. the DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the er&.ire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMERr with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITi', upon execution of this AST, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions Code, pertaining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER rnhall file with the CITY, upon execution of the AGREEMEffT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGRF.EI ERR with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING - P.G.and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. Page 6 18. PACIFIC GAS AND E• TC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Ceaggmny and/or to PACIFIC BEN any and all fees required for installation of overhead and/or wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Company and/or PACIFIC BELL that said fees are due and payable. 19. EASII4ENPS AND RIGHT RIGf11-0E-WAY It is further agreed that any easement and right-of-gray necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CM for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the lard proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 20. HOID HARMLESS It is further agreed that, conanenci.ng with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the work as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the City from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever ari..-ing out of the performance or nonperformance of the work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 21. INSURANCE It is further agreed that: `the DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Wbe,: called for or required to be done hereunder, a policy of insurance namini the CITY a.'rd mWbers of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Worst performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. Page 7 A. Each of said policies of insurance shall provide overage in the following minimum atoms: For bodily injury, $100,000 each person; $300,000 each oomwrrenoe, property daage, $50,000 on account of any one oomrrenoe with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or pries to the time of execution of this ATr by the DEVELOPER such evidence of said foregoing policy or policies of insuranoe as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ton (10) days advance notice thereof. C. In the event that the project oovered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and abarve shall co-name such nunicipality or political subdivision and the provision set equally apply to municipality and political subdivision. 22. V&TER MAIN EXTENSICN DEpOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to 0MV1Y with "Policy on Water Main Extensions Work and Deposits: dated September 9, 1977. The deposit shall be held by the CITY until said monies are needed to implement inprovemen s outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The Mount shown herein at PART K, Page 2 shall be the full amount due. . 23. MAP AND/OR DWROVEMERr PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVETAPER'S expense: A. A mylar sepia and thirteen (13) prints of fully executed tract map B. A mylar sepia and ten (10) prints of fully executed inprovement plans. C. A direct duplicating silver negative microfilm aperture card of all executed i— ovemn. plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. TERLS AND coNDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, sus, administrators or assigns of the DEVELOPER. The assigrnment of this ACr shall not be made without approval by the City Council of said CITY. Page 8 25. DEFE 4•iCd71 AND All fees, bonds, , and cash deposits provided .x in this agreement, which would ordinarily be paid to the City upon recordation of the final map shall be deferred until such time as any portion of Tract 8511 is sold, transferred, hypothecated or ermzbered. Prior to, or omitenporaneously with the once of said sale, transfer, hypothecation, or enc=branoe, all said fees, reimbursements, and cash deposits shall beams immediately due and owing to the City. Failure to make said payment above described constitutes a basis for denial by the City of any building permits for construction of any improvement on the subject property. The obligations to pay fees, bonds, reimbursements or cash deposits under the agreement, are intended by the parties to constitute covenants running with the land. Upon execution, tha, agreement shall. be recorded in the Recorder's Office of the County of manta Clara, State of California. Men all obligations to pay fees, bonds, reimbursements or cash deposits under this agreement have been met the City will release the covenant running with the land. 8a L-PMRP®SE ACKNOWLEDG RENT NO209 State of CA C./ IV I A CAPACITY CLAIMED BY SIGNER County ofSAOJ &.4 ❑ INDIVIDUAL(S) ❑ CORPORATE On =T-20 I?9L before me, 7VV WIL,®/V . SOT W (1 0 OFFICER(S) _ DATE NAME,TITLE OF OFFICER-F G.. JANE DOE.NOTARY PUBLIC- TITLE(S) �1 tt ❑ PARTNER(S) personally appeared COMP L• 4VOW0&#A9 ❑ ATTORNEY-IN-FACT NAME(S)OF SIGNER(S) TRUSTEE(S) personally known to me-OR- [I proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- ❑ GUARDIAN;CONSERVATOR knowledged to me that he/she/they executed ❑ OTHER:-_ the same in his/her/their authorized raptVA LS«y t capacity(ies), and that by hisiher/their PibT14RY� z3Lit"rras, +' signature(s)on the instrument the person(s), — sAIITA CLARA c0+.R I or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: 4 MY CO MISS101 E•NOV'2J, acted, executed the Instrument. NAME OF PE�RSSO�N(S)OR ENT�ITjY((IIES) � Witness my hand and official seal. WO FMIL It 7*V.Vr ATEp me is 19� SIGNATURE OF NOTARY IN HT.ITNFw wmmr, CITY has caused its name to be heramto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DOMDPFR has heaamto caused his_ name to be aff:Lxed the day and year first above written. CITY OF CUPF : Approved as to form: s' Mayor eity Attorney city Clerk DEVEMPM: Vt Not--ay AcJaymledgwnt Required. Page 9 REIMBURSEMENT AGREEMENT THIS AGREEMENT is made on SV0 , 1991, by and between the CUPERTINO UNION SCHOOL DISTRICT, a local agency of the State of California ( the "District") , the CITY OF CUPERTINO, a municipal corporation of the State of California (the "City") , and HAROLD L. GHENO and ANTONIO M. GHENO, TRUSTEES, EDITH E. GHENO FAMILY TRUST ("Gheno") . RECITALS A. District owns fee t:-tle to that certain tract of land situated in the City of Cupertino, Santa Clara County, California, generally known and described as Tract No. 9332 (the "Property") . B. District has sold a portion of the Property consisting of 5.6 acres to City for a park (the "Park Site") . C. District and City propose to perform certain work of improvement on the above tract as specified in the Agreement attached hereto and incorporated herein as Exhibit A (the "Improvements") . D. Gheno is the owner of an adjacent tract of land to the west of the Property bounded by South Blaney Avenue on the west, Hall Court on the south, Parkside Lane * on the east and Rodrigues Avenue on the north (the "Gheno Property") . E. Gheno proposes to develop the Gheno Property and the Improvements will therefore benefit the Gheno Property as well as the Property. 1 F. City has agreed to lease from Gheno and Gheno has agreed to lease to the City a portion of the Gheno Property for use as a parking lot for the park until City develops a parking lot on the Park Site pursuant to the Lease attached hereto and incorporated herein as Exhibit B. G. In consideration for this lease, City and District have agreed to advance the costs of the Improvements which benefit the Gheno Property. H. Exhibit C, identifies the portions of the Improvements which benefit primarily the District, the City and Gheno. I. The District shall be entitled to reimbursement from Gheno of thirteen percent (13%) of its costs of the construction of the Improvements, but not more than Seventy-five Thousand Dollars ($75,000) , upon the filing by Gheno of a tract map for the Gheno Property or any portion thereof. J. The City shall be entitled to reimbursement from Gheno of thirty-two percent (32%) of its costs of the construction of the, Improvements, but not more than Sixty-nine Thousand Dollars ($69,000) , upon the filing by Gheno of a tract map for the Gheno Property or any portion thereof. NOW, THEREFORE, in consideration of the covenants contained in this Agreement, the parties hereto mutually covenant and agree as follows: GENERAL REQUIREMENTS 1.1 The District and City shall, at their own cost 2 "MR �' and expense, complete all of the Improvements covered by the Agreement, Exhibit A hereto, at an estimated cost of Seven Hundred Six Thousand, Seven Hundred Ninety-eight Dollars ($706,798) . DEFINITION AND OWNERSHIP OF IMPROVEMENTS 2. 1 The term "Improvements" means the development work required by the final improvement plans for Tract no. 8332 including streets, curbs, gutters, sidewalks and underground utilities, referenced in the Agreement, Exhibit A hereto, and indicated on Tract map no. 8332, Exhibit D hereto. The Improvements shall be shown in detail on an improvement plans, profiles, and specifications that have been or are being prepared by one or more registered civil engineers acting for the District. PAYMENT 3 . 1 The District and City shall be reimbursed and paid a share of the costs and expense of construction of the Improvements by Gheno as follows: A. The costs of thirteen percent (13%) of all labor paid for, including payroll insurance and taxes, and all other costs and expenses incurred by the District for construction of the Improvements, but in no event more than Seventy-five Thousand Dollars ($75,000) , will be reimbursed by Gheno to the District upon Gheno's development of his property and District's delivery to Gheno of a statement of District's costs and expenses for the construction of the Improvements and of the amount due from 3 �� � B11 Gheno. D. Thirty-two percent (32%) of the costs paid by the City to the District for construction of the Improvements, but in no event more than Sixty-nine Thousand Dollars ($69,000) , will be reimbursed by Gheno to the City upon Gheno's development of his property and City's delivery to Gheno of a statement by the City of the amount of the costs and expenses of the construction of the Improvements paid by the City and of the amount due from Gheno. 3.2 Books and Records. The District shall keep and maintain accurate books of account and records of all of its business transactions under this agreement. Gheno shall have the right to review these books of account and records at the offices of the District during normal business hours on reasonable notice. GENERAL PROVISIONS 4. 1 Entire Agreement. This agreement represents the entire understanding of the parties and supersedes all previous negotiations, written or oral, and may not be altered, changed, amended, or modified except by an agreement in writing signed by the parties. 4.2 Notices. Any notices and demands under this agreement shall be in writing, and shall be deemed given and received forty eight (48) hours after deposit with the United States Postal Service, postage prepaid, addressed to the parties as follows: 4 &`EA` 111 B 11 ti To The District at: Associate Superintendent, Business Services Cupertino Union School District 10301 vista Drive Cupertino, CA 95014 To the City at: Director of Public Works 10300 Torre Avei'X.e Cupertino, CA 95017 To Gheno at: Harry Gheno 5 Cypress Court San Carlos, CA 94070 Each party shall have the right by notice in writing given to the others pursuant to the previsions of this paragraph to change, from time to time, the respective addresses at which notices or demands shall be given. Statements for reimbursement or payment shall be delivered as set forth in this paragraph. Payments delivered as set forth in this paragraph need not be accompanied by any other written notice. 4. 3 Applicable Law. The laws of the State of California shall govern this agreement and any breach of this agreement. 4.4 Binding effect. The terms and conditions of this agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. 5 �; � i9 Du I- j IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Dated: ► The City of Cupertino By: A96A= E�:� Mayor Dated: 10 1 The pert n of District By• Dated:) do 14 Harold L. Gheno, Trustee, Edith E. Gheno Family Trust By: i�AaDAA R Dated» `® �'d Antonio M. Gheno, Trustee, Edith Gheno Family Tryst By. o�e. i Cit)V Clerk Approved as to form: City Attorney 6 Page 1 of 5 Exhibit "A" AGREEMENT [Agreement between City and District for City to reimburse District for improvement costs shall be labeled Exhibit A and attached here upon execution. ] Liall ao l Page 1 of 8 Exhibit "B" LEASE (Lease between City and Gheno for City lease of Gheno property for park parking lot shall be labeled Exhibit B and attached here upon execution. ] oil Exhibit "Da Final Map for Tract 8332 10 �v�ba@mod �r Ak • 1• 1 ..w'0 I '• L � �•' ee � t� •e•••.w,e�n r .•a` � j `j: :°! -!- - ,; t tom- --------•:----- ------ -----=-------------- ---- --- Page 1 of 1 • � •• - - wee• •a. o.• '1' e- '.n. ••1'�a-.-+.. .. _ 9 � ; � 1 fi �;� i'� 9 - j Exhibit "C" 1 1 .a t�..t• '�' 17 ma�tea® , 4:i�j � SCHEDULES m Mr if ♦.L' toss �.� P.B.t0 s°°'�'° °�' CO51Improvements for Tract 8332 and Schedule of the Parties lf 0•CfT QRfm G _ � � +�u*o:..e oa,ccsr Responsible for the Costs 1 1 PLr 20 P.E. 204.1 i . •.a+l-e�. T®,,,,r �o.,,.,• •f1'U BE+t£d�e s' 3r Ci��4) ,' .t• w �" 1CW-o IV-OTT Co C•, • CAST � SQGt+Oa a•4 (T?M KJEV /1 CrLvO) 1 1 i PA 203.6 94 :T.-,�i` i • o•s .,e..a ! 1 1 ` P.E. 104.t _ �,`�t_a`� �• _ l r as r �Of 1 T •:.-� 1 I R dl•1r � 3 � � p =i• 1 0 ' •j TRACT4O. 0332 1 �• .. P.L 205.1 3 1 `.i p ie•vim.o to •e -_, �SG�fE�t!L •:g 'E :oa:s i 19 SEGrrca Ise • 1 C . C (�rtr PF, seta •• 1 � P.E. •� ••f ._.._- '12 I I / ' 1 � lw:• �. 1 P.E. 204.s J � f s•.1•o.t7 et�-,tJ• •. W t •or_ t ' _ J � � �. � ►.E. 207.t / SlCT+Or C•C i Oet pQ:a C.`•Ti:y.Y Ale::M.�1• rC_#..a Ia,.�J•!I%.�LrJr:l 1 i • �y �' /itP..:_'p.Z=�: C/.�-111. :+'f.?6/r'll:r.bJ3• ►t✓! . i •'r � . � r� tom;ski.eat 1F!.J! i r 1 P.E. 201A AE. 20Y.4 J` / °• j� �`� 2c1' �_ l P.E 207 s 1 f �•°., r �e 1 j' ' ♦y ,.ls�t .:�, ' 1 � � -� '�� : C e *; ! � PsircS��E UyE e .o 1 f1 • .. � `' C.•� — �!' nit I ' { iEXIST. TFeCTNO. M? = r-- C T • E1 11 l EXIST.U�OS Of 6•r ' ate__ a, C l:r✓t�I.:•'[:. ' arras • u ! a t±r`Ss't-a:t S� 'r• 111 EX:ST,TRACT NO.lli 1T i•, ag.:-t It1; ••i! ::v�ar�e= a :11 •- Jb Ill p,eT••w•X•'•:7S ' 111 � .'• id a'r rY .w.-e o.0 —. TVPIC• S:OE teaO 7T►rG.t GOa•Ea if 1 I .1x e.;.rw•s9a.C� Z 1 �'1 :9EC7+Aro K+QSECTrGy •I6 R� + 'mod •il! I o�• .Yi fill fit 1 �� t ✓ i • •J/J, t d.L+9t•ie-a:!07eSfrAr �- f 111 te• � • Q /qy t jr✓t.1r►4 0,W l•CAM r r !�• a..o.�+r-•� ��py�.r,'+v� / e �P ,y�.g Qr•/✓/Ik'R•i ( y ; r n) d w'TI�'�\sT-�T-'T'„� �1 � ' • - 16 11 ' �� .-e-_--�, ----. :--- - ------.-- - • , ``may'• »P-.--__ T'!AC•l O.Ot 54CTrOw- Page 1 of 5 Exhibit "C" AGREEMENT (Agreement between City and District for City to reimburse District for improvement costs shall be labeled Exhibit C and attached here upon execution. ) 12 AGREEMENT THIS AGREEMENT, ENTERED INTO ON 1991 BETWEEN CITY OF CUPERTINO, a body politic and a municipal corporation of the State of California, referred to herein as "CUPERTINO". AND THE CUPERTINO UNION SCHOOL DISTRICT, a local agency of the State of California, referred to herein as "DISTRICT". RECITALS (1) CUPERTINO and DISTRICT contemplate construction of the improvements required by the final improvement plans for Tract No. 8332 including streets, curbs, gutters, sidewalks and underground utilities, referred to herein as "PROJECT", and desire to specify the terms and conditions under which this project is to be installed, financed and maintained, (2) THE DISTRICT will act as lead agency. The DISTRICT, CUPERTINO and GHENO will share the expense of preparation of plans and specifications, construction engineering, construction costs and necessary equipment purchase required to complete the PROJECT. CUPERTINO and DISTRICT will bear the full cost subject to reimbursement by GHENO of his share of that expense pursuant to the Reimbursment Agreement, Exhibit A hereto. SECTION 1 CUPERTINO AGREES: To pay DISTRICT within thirty (30) days of receipt of billing therefor (which billing will be forwarded after December 1991) an amount to twenty-two percent (22%) of the final construction costs or One Hundred Sixty-seven Thousand Dollars ($167,000 ) whichever is less. An example of the schedule is shown below as Exhibit B and incorporated herein by this reference. In no event shall CUPERTINO's total obligation for said costs under this Agreement exceed the amount of One Hundred Sixty-seven Thousand ($167,000) provided that CUPERTINO may, at its sole discretion, in writing, authorize a greater amount. 1 _ SECTION II DISTRICT AGREES: (1) To provide advertisement, bid opening, award of the contract, contract administration and all necessary construction engineering services for the PROJECT. (2) Prior to advertisement for construction of PROJECT, to submit said plans and specifications to CUPERTINO for review and concurrence as to conformity to CUPERTINO°s standards and/or existing facilities. (3) To construct the PROJECT by contract in accordance with the plans and specifications of DISTRICT. SECTION III IT IS HVTUALLY AGREED AS FOLLOWS: (1) Neither CUPERTINO nor any officer or employee thereof' shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in conjunction with any work, authority or jurisdiction delegated to DISTRICT under this Agreement. Pursuant to Government Code Section 895.4, DISTRICT shall fully indemnify and hold CUPERTINO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by DISTRICT under or in conjunction with any work, authority or jurisdiction delegated to DISTRICT under this Agreement. (2) Neither DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CUPERTINO under or in conjunction with any work, authority or jurisdiction not delegated to DISTRICT under this Agreement. Pursuant to Government Code Section 895.4 , CUPERTINO shall fully indemnify and hold DISTRICT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CUPERTINO under or in conjunction with any work., authority or jurisdiction not delegated to DISTRICT under this Agreement. (3) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 11 (4) After opening bids for the PROJECT and if bids indicate a cost overrun of no more than ten percent (10%) of the estimated cost of Four Hundred Fifty-three Thousand Dollars ($453,000) , DISTRICT may award the contract. (5) If, upon opening of bids, it is found that a cost overrun exceeding ten percent (10%) of the estimate will occur, CUPERTINO and DISTRICT shall endeavor to agree upon an alternate course of action, such as proportional increases in the financing by each party. DISTRICT shall no be obligated to award the contract unless such agreement is reached. Notwithstanding any such overrun, DISTRICT may award the contract, without consent of CUPERTINO, if DISTRICT agrees to assume financial responsibility for the cost overrun. (6) In the construction of said work, DISTRICT will furnish a representative to perform the usual functions of: a Resident Engineer. (7) DISTRICT shall require any contractor awarded a contract for any portion of said PROJECT to secure and maintain, in full force and effect at all times during construction of said PROJECT and until said PROJECT is accepted by DISTRICT and CUPERTINO, public liability and property damage insurance in forms and limits of liability satisfactory and acceptable to DISTRICT and CUPERTINO, naming CUPERTINO and DISTRICT and their respective officers, agents, and employees as insureds, from and against any and all claims, loss liability, cost or expense arising out of or in any way connected with the construction of said PROJECT and to indemnify and hold harmless those entities and individuals from all such liabilities. (8) CUPERTINO hereby grants to DISTRICT and its agents and contractors all necessary authority to perform within the boundaries of CUPERTINO any and all work required to perform the terms of this Agreement upon securing all necessary permits from City and other agencies. (9) This Agreement shall terminate on September 30, 1991 , if DISTRICT has not awarded the contract for the construction of the PROJECT prior to that date. Otherwise, this Agreement shall. terminate upon receipt' of CUPERTINO ' s reimbursement as specified in Section II. r r. CITY OF CUPERTINO CUPERTI UNION 4CHOOL DISTRICT By: By: Mayor Attest: Attest: 4Cy Cle Clerk of the Board of Trustees APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY: LEGALITY: City Attorney Counsel 4 EXHIBIT A REIMBURSEMENT AGREEMENT [Agreement between City, District and Gheno for Gheno to reimburse District and City for improvement costs shall be labeled Exhibit A and attached here upon execution of Reimbursement Agreement. ) TAB�� Cly Supetintendent Patricia A.Lamson Dowd o/Educcllon Joan C.Barom Michael S.Chang Steven C.Chou slit,4 Sandra L.Jams . Cupertino Union School District _ tummy G.Shwe 10301 Vista Drive • Cupertino.CA 95014.2M 1 • (408)252-30W • Fax(408)255.4450 Cupertino August 3, 1992 REPORT ON EXEMDITLIAES&MCIATED WM THE DEV=HVIUM QF THE E-08WER_WIL,%&SCHQQL SITE, TO WHOM IT MAY CONCEP-IN: This is to verify that the Controller and the Senior Accountant of the Cupertino Union School District have audited this report. It Is their finding that each cost has been properly incurred and is a proper charge against the project. Karen Peterson, Fran Ellis, Controller Senior Accountant EQUAL OPPORTUNITY EMPLOYER SCKEDUUS 1 A 3 DETAIL:- DISTRICT PAYS - SCHEDULE 1 GHENO PAYS DISTRICT - SCH. 3 SCHEDULE 1 S 3 TOTAL BUDGET ACTUAL VARIANCE BUDGET ACTUAL ^VARIANCE BUDGE ^ ACTUAL VARIANCE Street Improvements 281.113 333,251 -52,138 4C,604 40.604 0 321,717 373.855 -52.138 Sani°a.-y Area Fees 1.370 1.370 0 0 0 0 1.370 1.370 0 Water 27,733 32,618 -4.885 6.936 8.157 -1221 34.669 40,775 -6,106 Kier& Wright AM 31.611 -8,434 3,463 4,723 -1260 26,640 36,334 -9.694 Sari:ay Inspection 3.219 3.219 0 481 481 0 3,700 3.700 0 PG&E 59.920 50.423 9.497 7,790 6,723 10E7 67,710 57.146 10.564 Soil Erg*,neer 2.575 6,321 -3,746 385 945 .560 2.960 7,266 -4,3C6 Bid CrstS 322 54 268 48 8 40 370 62 308 Over'--ead 49,168 3.692 45,476 7.347 S52 6795 56,515 4.244 52,271 Sub-total 4-1-3,597 462,559 -13.962 67,054 62,193 4.861 515.651 524.752 -9,1Ct CITY FEES CPecki^5 & lrspect,on 12.C28 12.028 0 1,797 1,797 0 13.825 13.825 0 Indirect Ciy Expense 3.219 1.804 1,415 481 270 211 3.700 2.074 1.626 Map Filing Fee 102 102 0 0 0 0 102 102 0 One Year Power Cost 162 162 0 24 24 0 186 186 0 Sub-total 15.511 14.096 1,415 2.302 2,091 211 1 17,813 16.187 1,626 Total Direct Exp, 464.1 C8 476.655 -12,547 69,356 64,2S4 5,072 533.464 540.939 -7,475 6.6% Indirect Charge - 31459 .31459 - 4,243 -4,243 - 35,702 -35.702 TOTA 464.1C81 508,114 -44.0061 69.356 68.527 829t 533.464 576,641 -43.177 s SCHEDULE I: Total D-*Str-;et Exp, compared to total program exp.: $508,114 div-ded by $738,344 a 69% SCHEDULE 3 Total Gt-ec+o exp. compared to total program, exp.: $68.527 d*Vded by $738,344 a 9.28°i° I SCKEDULeS 2 6 4 DETAIL: 1 CITY PAYS DISTRICT - SCHEDULE 2 GHENO PAYS CITY - SCHEDULE 4 SCHEDULE 2 & 4 TOTAL BUDGET ACTUAL VARIANCE BUDGE ACTUAL VARIANCE BUDGE ` ACTUAL VAr�`WNCE Street Inprcvemen% 82,215 68.015 14.200 21.441 21,441 0 103.656 89,4S6 14.200 Sa%ary Area Fees 2.611 2.611 0 0 0 0 2.811 2.811 0 Water 0 0 0 19,141 22,512 -3,371 19.141 22.512 .3.371 Ker& Wight 6.365 8.681 •2,316 2,995 4,C85 .1.090 9.360 12.766 -3.406 San'ary Inspection 884 884 0 416 416 0 1.300 1.300 0 PG&E 0 0 0 9.780 9.230 1,550 9,780 8.230 1.550 Soil Engireer 707 1,736 A.C29 333 817 -484 1.040 2,SS3 -1,513 EW Costs 88 15 73 42 7 35 130 22 109 Over`ead 13.502 1,014 12.488 6.354 477 5,877 19.856 1.491 18.365 Sub-total 106.572 83.156 23.416 60.502 57.985 2,517 167,074 141.141 25.933 City Fees C4ecicirg 3 inspection 3.303 3.303 0 1.555 1,555 0 4,858 4,858 0 Indrect C;:y Expense 884 495 382 416 233 183 1.300 728 572 Map Filing Fee 36 36 0 0 0 0 36 36 0 One Year P.-aer Cost 44 44 0 22 22 0 66 66 0 O:tier 0 4,863 -4.863 0 0 0 1 0 4.863 •4.863 Sub-1ctai 4.267 8.741 -4,474 1.993 1,610 183 6,760 10.551 -4,291 Total Direct Exp. 110.839 91,e97 18,942 62,495 59,795 2,700 173,334 151,t's92 2d1.6426.6% Indirect Charge 6,065 -6,065 - 3.946 -3,9=6 - 10.011 -1TOTAL110,83997,962 12,877 62,495 63.741 -1,246 173,33a 161703 1 i 1 `SCHEDULE 2: Total City Exp. corrpa•ed to total pfogran exp.: $97.962 div',ded by $738.3344 13.27% ''SCHEDULE 4: Flat GhenorCity Exp, corpafed to total program exp.: $63.741 divided by $738.344 - 8.63% :SCHEDULE 2 8 4: 1 Total City and CityfGheno Exp. co-pared to total program exp.: $ 61,7C3 d',v;ded by $738.344 - 21.90N+ i ' GANQ EXP. 70 CITY & DISTRICT: �► GHENO.-DiSTRICT - SCHEDULE 3 GHENO?CITY - SCHEDULE 4 TOTAL (SCHEDULE 2 3 d) BUDGEIJ ACTUAL VARIANCE BUDGE ACTUAL VARIANCE BUDGE ACTUALVAAL4NG Sheet tmpraverrents 40.604 40.604 0 21.441 21.441 0 62.045 62.045 0 Sanitary Area Fees O 0 0 0 0 0 0 0 0 Wa:er 6.936 8,157 .1.221 19.141 22,512 .3.371 26.077 30.669 -4.592 i FCer& W,-,jhI 3,463 4.723 .1.260 2.995 4.085 -1.090 6 458 8.8:8 -2,350 San*ay trspec:ion 481 481 0 416 416 0 897 897 0 PG&E 7.790 6.723 1.067 9,780 8.230 1.550 17.570 14,9S3 2.617 Soil Engi-eer 385 945 -560 333 817 -484 718 1.762 -1,044 Bid Ccsts 48 8 . 40 42 7 35 90 15 75 Over`ead 7,347 552 6,795 6.354 477 5.877 13.701 1.029 12.672 i Sub-!ota) 67.054 62,193 4,861 60.502 57.985 2,51i 127.556 120.178 7.378 CITY FEES: C`ecking & tnspection 1.797 1.797 0 1.555 1.555 0 3.352 3.352 0 ' Indirect Ciy Expense 484 270 211 41,6 233 193 897 503 394 Map Filing Fee 0 0 0 0 0 0 0 0 0 One Year Pcwer Cost 24 24 0 22 22 0 1 46 46 0 Sub-total 2.302 2,091 211 1.993 1.810 i 4Q 4.295 3.901 394 ! Total Direct Exp. 69.356 64,264 5.072 62,495 59,795 2.700 131,851 124.079 7.772 6.6% lydirect Ctarge - 4.2,9 -4,2d3 - 1 3.946 -3,946 - 6.189 -6.189 TOTAL- 69.356 68.527 829 662.0SI 63,741 .1,206 131.8511 132.268 -417 SUMMARY: BUDGET ACTUAL VARIANCE I PAYMENT TO DISTRICT 75.000 68,527 6.473 PAYMENT TO CITY 69.000 63.741 5.259 TOTAL PAYMENT 144,0001 132,2681 11.732 l i r WILSON SCmL SPI'E saio 7L DisnuCP/CITY/C imo REIMt3U tOADl r 19GftF_IIkaNr July 5, 1991 O0►S'P D CSPRICP CITY DIS'11UCr CHENO CI'rY ©IM. • Street Improvements $ 281,113 $ 40,604 $02,215 $ 21,441 Sanitary Area fees 1,370 -- 2,811 -- Water- 27,733 6,936 -- 19,141 Kier & Wright 23,117 3,463 6,3b5 2,995 Sanitc�y Inspection 3,219 481 884 416 11C&C 59,920 7,790 -- 9,780 Soil EMineer 2,575 385 - 707 333 Bid Costs 322 43 00 42 Overhead 49,168 7,347 13,502 6,354 CITY F•PES checking & Inspection 12,028 1,797 3,303 1,555 Indirect city Expense 3,219 481 ue4 416 Map filing Fee 102 -- 36 One Year Parer cost 162 24 44 22 SUMtY AL $ 464,108 $ 69,356 $ 110,839 $ 62,495 $ 533,464 $ 173,334 LAND $ 21,189 - $ 21,189 $ 554,653 $ 152,145 A Subsidiary of Old Republic Title Insurance Group,Inc. OF SANTA CLARA COUNTY I � i ESCROW INSTRUCTION TO: CALIFORNIA LAND TITLE COMPANY i RE: WILSON SCHOOL SITE/TRACT # 8332 ESCROW #278554-MCK HOLDING AGREEMENT #91-9 I i I i i You are hereby authorized and instructed to record grant deed from California Land Title Company of Santa Clara County, a California corporation, without demand, to Cupertino Union School District, a political subdivision upon receipt of these instructions. i R Legal description: i Lots 8 and 9 as shown on that certain Map entitled "Tract No. 8332", which Map j was filed for record on August 8, 1991 in the Office of the Recorder of the County of Santa Clara, State of California in Book 629 of Maps at Pages 35 and 36. 4 Holding agreement #91-9 will be cancelled upon recordation of deed. I i CUPERTINO UNION SCHOOL DISTRICT CI T 0 BY: —June 24, 1992 Dare D e I i I I 1 i 20M STEVENS CCU BLVD.,SUITE IZQ CuPElmNO.CALIFORNM 95014 TELEPHONE(405)2554 O +' Enshallsh Real Estate•Consulting•Development August. 7, 1991 Dorothy Cornelius City Clerk City Of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Wilson School Site Documents Dear Dorothy: Enclosed for City records are the following original signed documents pertaining to the Wilson School site tract map and improvements: 1. Supplemental Agreement between City and District. 2. Reimbursement Agreement between City, District and Gheno. 3. Tract Agreement for. Tract 8332 between City and District. 4. Agreement between City and District that City will reimburse District for improvements to City property. 5. Joint Escrow Instructions for lots to be held in escrow in lieu of bonds. 6. Joint Recording Instructions for map and quitclaim deeds. On August 8, the Tract Map for Tract 8332 and quitclaim deeds cleaning up the park/tract boundary were left with Tom Judd of California Land Title Company for recording . Endorsed copies will be sent to you upon recordation. I am also including copies of transmittals to the school district and Mr. Gheno for your information. If you have any questions, please call me. Sincerely, ENSHALLAH Property Consultant to the Cu ertino Union School District can S. Gallup Executive Assistant cc: Travis Whitten 60 Pierce Avenue San Jose,CA 95110 (408)295-9880 FAX(408)295-5928 Enshallah Rea!Estate Consuihnq•Development August 7 , 1991 Mr . Gerald Matranga Associate Superintendent of Business Cupertino Union School District 10301 Vista Drive Cupertino, CA 95014 Re: Wilson School Site Documents Dear Jerry: Enclosed are the following original signed documents pertaining to the Wilson School site tract map and improvements : 1. Supplemental Agreement between City and District . 2. Reimbursement Agreement between City, District and Gheno. 3 . Tract Agreement for Tract 8332 between City and District . 4. Agreement between City and District that City will reimburse District for improvements to City property. 5 . Joint Escrow Instructions for lots to be held in escrow in lieu of bonds. 6. Joint Recording Instructions for map and quitclaim deeds . On August 8, the Tract Map and quitclaim deeds were left with Tom Judd of California Land Title Company for recording . Copies will be sent to you upon their return from the recorder. if you have any questions , please call me. Sincerely, ENSIIALLAH Property Consultant to the Cupertino Union School District i / Jean S. Gallup Executive Assistant enclosures cc: City of Cupertino 60 Pierce Avenue • San lose,CA 95110 t408)295.9880 FAX t4081 295-5928