01-001 SQJ Development Company, Inc - 7359 Rainbow Dr, Tract 9251 Reso 01-033RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
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Pages 3
Fees....* No Fees
Taxes...
Copies..
AMT PAID
BRENDA DAM S
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE # 010
7/01/2003
12 05 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOV. CODE 6103
CERTIFICATE Oli COMPLETION
AND
NOTICE OF ACCEPTAPICE OF COMPLETION
SQJ DEVELOPN[ENT CO., INC.
7359 RAINBOW DRIVE
APN 362-31-029
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Original
O For Fast Endorsement
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CITY OF
CUPEI~TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
ANI~
NOTICE OF ACCEPTANCE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and
City Engineer of the City of Cupertino, California, do hereby certify that the municipal improvements
in conjunction with the following project:
SQJ DEVELOPMENT CO., INC.
7359 RAINBOW DRIVE, APN 362-31-029.
have been completed in accordance with the approved improvement plans and acceptance of
completion was ordered by the City Council on June :~ 6, 2003.
Director of Public Works and
City Engineer of the City of Cupertino
Date: June 23, 2003
Printed on Recycled Paper
VERIFICATION
I have reviewed this Certificate of Completion and Notice of Acceptance of Completion.
To the best of my knowledge, the information contained herein is true and complete.
I verify under penalty of perjury under thf; laws of the State of California, that the
foregoing is true and correct.
Executed on the 25TH day of June 2003 at Cupertino, California.
-~ --,
~~~~ ~ ~iiJ%~, vi
Administrative Clerk
City of Cupertino
TRACT AGREEMENT
TRACT PJo. 9251
Address: 7359 ]2ainbow Drive
This AGREEMENT, made and entered i-ito this~~ day of ~~ , 2001 , by
and between the CITY OF CUPERTINO, a municipal corporation of the State o alifornia,
hereinafter designated as CITY, and SQJ Development Company, Inc. hereinafter designated
as DEVELOPER.
WITNESSETH
WHEREAS, said DEVELOPER 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 Nc-. 9251 Cupertino, California, hereinafter
designated as the "Tract"; and
WHEREAS, said map shows certain courl:s, drives and roads which are offered for
dedication for public use; and
WHEREAS, CITY hereby approves the improvement plans and specifications prepared
for the Tract by Nelsen Engineering, 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, THEREFORE, said improvement plans and specifications shall be hereinafter
called the "Plans," and the work to be done under the Plans shall be called the "Work."
File No.: 52,210
Page 1 of 9
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby
established the amounts of Bonds, Fees, and Dep~~sits as set forth in the
following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSIT'S
STREET IMPROVEMENT CATEGORY:
PART A. Faithful Performance Bond: $4,269.00
PART B. Labor and material Bond: $4,269.00
PART C. Checking and Inspection Fee: $1,975.00
110-4538
PART D. Indirect City Expenses: N/A
PART E. Development Maintenance Deposit: $3,000.00
110-2211
PART F. Storm Drainage Fee: Basin #3 $872.00
215-4073
PART G. One Year Power Cost: N/A
110-4537
PART H. Street Trees: N/A
PART I. Map Checking Fee: $495.00
110-4539
PART J. Park Fee: Zone II $9,000.00
280-4082
PART K. Water Main Reimbursement: N/A
PART L. Maps and/or Improvement Plans:
AS SPECIFIED IN ITEM #23
File No.: 52,210
Page 2 of 9
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and, complete the Work within one (1) year from the
date of execution of this AGREEMENT, or such longer period as may be specifically authorized
in writing by the City Engineer. In the event the ]'DEVELOPER fails or refuses to complete the
Work within the specified period of time, the CITY at its sole option, shall be authorized to
complete the Work in whatever manner the CITY shall decide. In the event the CITY completes
the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or
the DEVELOPER'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. The 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, s~:andards, sizes, lines and grades approved by
the City Engineer. The Work shall be done in accordance with all State and County Statutes
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 Specifications of the Department of Public Works, California Department of
Transportation, State of California, and in accord<nce with the specifications of the Cupertino
Sanitary District where applicable. Wherever the words "State" or "California Division of
Highways" are mentioned in the State Specifications, it shall be considered as referring to the
CITY of Cupertino; also wherever the "Director" ~~r "Director of Public Works" is mentioned, it
shall be considered as referring 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 b~: used in lieu of such conflicting portions.
2. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance
No. 130 of the CITY by obtaining an excavation ~~ermit from the City Engineer before the
commencement 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 proposed excavation is to commence.
3. QUITCLAIM DEED It is further ~~greed that the DEVELOPER, when requested
by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization
File No.: 52,210
Page 3 of 9
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 AGREEMI=;NT, the DEVELOPER shall file with the CITY
a faithful performance bond to assure his full and faithful performance of this AGREEMENT.
The penal sum of said faithful performance bond shall be the full cost of any payment to be made
under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements
to be made under this AGREEMENT. In the eve;~t that improvements are to be made under this
AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the
CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and
materials required to construct said improvements. The amount of said bonds shall be as
designated by the City Engineer. Said bonds shall be executed by a surety company 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 sufficie~icy. In the event that the DEVELOPER shall
fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any
payment, or any dedication of land, or any improvements herein required, the CITY shall call on
the surety to perform this AGREEMENT or otherwise indemnify the CITY for the
DEVELOPER'S failure to so do.
B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by
depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified chuck 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 (b) or (c).
C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be
as designated by the City Engineer, and shall be 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
AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein
required, the CITY may apply the proceeds of saki 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.
File No.: 52,210
Page 4 of 9
5. CHECKING AND INSPECTION FE1=;
It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for
inspection, checking, etc., incurred by CITY in connection with said Project, and that
DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the
amount as set forth herein at Page 2 (Part C). Should construction cost vary materially from the
estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any
additional sum 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 improvements, the amount as set
forth herein at Page 2 (Part D).
7. MAP CHECKING FEE
It is further agreed that the DEVELOPER shall deposit with City, prior to execution of
this AGREEMENT, for office checking of final map and field checking of street monuments, in
compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at Page 2 (Part I).
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this
AGREEMENT, the amount set forth herein at Page 2 (Part E) 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 workmanship and/or materials appearing in said work during the period
until release of the improvement bonds by the CI7~Y. Should the DEVELOPER complete the
required repairs to 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 4122, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F).
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 G), which amount represents the
power cost for street lights for one year.
File No.: 52,210
Page 5 of 9
11. THE INSTALLATION 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 from the City approved list.
12. PARK FEES
It is further agreed that the DEVELOPER shill pay 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 is further stipulated under Part J.. Page 2 herein. Fees are also in accordance
with action adopted by the City Council on Marcli 19, 1991, and Section 18-1.602 of the
Cupertino 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 (:ity 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 specifications 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 entire 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 Sanitzxy District stating that the DEVELOPER has
entered into a separate AGREEMENT 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 CITY, upon execution of this
AGREEMENT, 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 shall file with the CITY, upon execution of the
AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating
File No.: 52,210
Page 6 of 9
that the DEVELOPER has entered into an AGREEMENT 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. R~~TE 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.
18. PACIFIC GAS AND ELECTRIC/PACIFIC BELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company
and/or to PACIFIC BELL any and all fees requirE~d for installation of overhead and/or
underground wiring circuits to all electroliers within said property and any and all fees required
for undergrounding as provided in Ordinance 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. EASEMENTS AND RIGHT RIGHT-~OF-WAY
It is further agreed that any easement and right-of--way 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 CITY 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 land 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. HOLD HARMLESS
It is further agreed that, commencing 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 I3 above, the DEVELOPER shall indemnify, hold harmless and
defend the City from and against any or all loss, asst, expense, damage or liability, or claim
thereof, occasioned by or in any way whatsoever ~irising 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 independE~nt contractors.
2 I . 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 Work called for or required to be done hereunder, a policy of insurance
File No.: 52,210
Page 7 of 9
naming the CITY and members of the City Coun~~il 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 bodil~~ injury and property damage coverage to the
foregoing named CITY and individuals covering all the Work 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 not be called upon to cover a loss
under said additional policy..
A. Each of said policies of insurance shall provide coverage in the following
minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence,
property damage, $50,000 on account of any one occurrence with an aggregate limit of not less
than $200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to the time of
execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or
policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies
shall bear an endorsement precluding the cancellz.tion or reduction in coverage without giving
the City Engineer at least ten (10) days advance notice thereof.
C. In the event that the project covered 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 above shall co-name such municipality
or political subdivision and the provision set equz.lly apply to municipality and political
subdivision.
22. WATER MAIN EXTENSION DEPGSIT
The DEVELOPER further agrees to deposit with the CITY those monies required to
comply with "Policy on Water Main Extensions ~~Vork and Deposits: dated September 9, 1977.
The deposit shall be held by the CITY until said monies are needed to implement improvements
outlined by the Director of Public Works or improvements outlined within an adopted Water
Master Plan.
The amount shown herein at PART K, Pa;;e 2 shall be the full amount due.
23. MAP AND/OR IMPROVEMENT PLANS
It is further agreed that the CITY shall obtain the following map and/or plans at the
DEVELOPER'S expense:
A. A photo mylar and twelve (12) pr:.nts of fully executed tract map.
File No.: 52,210
Page 8 of 9
B. A photo mylar and twelve (12) prints of fully executed improvement plans.
C. A scan in CAD format of all executed improvement plans and map.
The DEVELOPER agrees to pay the CIT`E' from the development maintenance deposit
the cost for all prints of plans and map required under Item 23.
24. TERMS AND CONDITIONS
It is further agreed that the above named terms and conditions for the said Tract shall bind
the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this
AGREEMENT shall not be made without approval by the City Council of said CITY.
IN WITNESS WHEREOF, CITY has cau;~ed its name to be hereunto affixed by its
Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said
DEVELOPER has hereunto caused his name to b~: affixed the day and year first above written.
Approved as to form:
CITY OF CUPERTINO:
Mayo
City Attorney City er
~, DEVELOPER:
Notary Acknowledgment Required
Exhibit A Attached
Li/ /'~5 ~~~-ew~
J y Che ,President
SQJ Development Company, Inc.
File No.: 52,210
Page 9 of 9
State of California
County of Santa Clara
On January 18, 2001 before me, the undersignE~d, a Notary Public in and for said State,
personally appeared Judy Chen, personally }mown to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) dose name(s) are subscribed to he within
instrument and aclmowledged to me that he they executed the same in~his/ er their
authorized capacity(ies), and that by his /their signature(s) on the instrument the
person(s), or the entity upon behalf of =ch the person(s) acted, executed the
instrument .
WITNESS my hand official se
Signature v
Name S. Wolf
(typed or printed)
(Seal)
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RESOLUTION NO. 01-033
A RESOLUTION OF THE CITY COUI`1CIL OF THE CITY OF CUPERTINO
APPROVING THE FINAL MAP OF TRACT NO. 9251, LOCATED AT
7359 RAINBOW DRIVE; DEVELOPER SQJ DEVELOPMENT
COMPANY, INC.; AUTHORIZING SIGNING OF FINAL MAP AND
EXECUTION OF AGREEMENT
WHEREAS, there has been presented to the City Council for approval and for
authorization to record final map of Tract No. 9251, located at 7359 Rainbow Drive, showing
certain avenues, drives, places, and roads by SQJ :Development Company, Inc; and
WHEREAS, there has been presented to the City Council a proposed agreement for the
construction of streets, curbs, and gutters and for other improvements, and good and sufficient
bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful
performance of said work and the carrying out of said agreement; and said map, agreement, and
bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said final map of Tract No. 9251, l;~e and the same is hereby approved.
b. The offer of dedication for roadwa}~ and for easements is hereby accepted.
c: The City Engineer and the City Clerk are hereby authorized to sign said final map.
d. 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 5`'' day of February, 2001, by the following vote:
Vote Members of the C~ Council
AYES: Burnett, Chang, Lowenthal, James
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
C I ~ . ~. ~ ~, ~~
City Clerk
APPROVED:
Mayor, City of C -lino
Resolution No. 01-033
• Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: SQJ Development Company, Inc.
Tract No. 9251
LOCATION: 7359 Rainbow Drive
A. Faithful Performance Bond: $ 4,269.00
FOUR THOUSAND TWO HUNDRED SIXTY-NINE AND 00/100 DOLLARS
B. Labor and Material Bond: $ 4,269.00
FOUR THOUSAND TWO HUNDRED SIXTY-VINE AND 00/100 DOLLARS
C. Checking and Inspection Fees: $ 1,975.00
FOUR THOUSAND NINE HUNDRED EIGHTY AND 00/100 DOLLARS
D. Indirect City Expenses: N/A
• E. Development Maintenance Deposit: $ 3,000.00
THREE THOUSAND AND 00/100 DOLLARS
F. Storm Drainage Fee: $ 872.00
EIGHT HUNDRED SEVENTY-TWO AND 00/100 DOLLARS
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: $ 495.00
FOUR HUNDRED NINETY-FIVE AND 00/100 DOLLARS
J. Park Fee: $ 9,000.00
NINE THOUSAND AND 00/100 DOLLARS
K. Water Main Reimbursement: N/A
L. Maps and/or Improvement Plans: As specified in
Item #23 of agreement