01-051 Tract Agreement, No. 9313{
F f 1 P
7 - i,
TRACT AGREEMENT
TRACT ivo. 9313
Address: 22020 Homestead Road
This AGREEMENT, made and entered into this ~ day of , 2001 . b}~
and between the CITY OF CUPERTINO, a municipal corporation of the S~ e of California,
hereinafter designated as CITY, and Hossain E. Khaziri and Christine V. Khaziri, husband
and wife as joint tenants, as to an undivided 2!3 interest; and Michael M. Aminian, Trustee
U/D/T Michael M. Aminian 1999 Trust dated Apri123, 1999, as to an undivided 1/3 interest
hereinafter designated as DEVELOPERS.
WITNESSETH
- WHEREAS, said DEVELOPERS desire 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 No. 9313 Cupertino, California, hereinafter
designated as the "Tract"; and
WHEREAS, said map shows certain coin-ts, 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 Kirkeby 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 h~:rein 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 undex the Plans shall be called the "Work."
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WHEREAS, pursuant to the provisions o:f this AGREEMENT, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSI'T'S
STREET IMPROVEMENT CATEGORY:
PART A. Faithful Performance Bond: Off-Site: $ 72,600
On-Site: $ 37,400
PART B. Labor and material Bond: Off-Site: $ 72,600
On-Site: $ 37,400
PART C. Checking and Inspection Fee: $5,500
110-4538
PART D. Indirect City Expenses: N/A
PART E. Development Maintenance Deposit: $3,000
110-2211
PART F. Storm Drainage Fee: Basin #2 Paid
215-4072
PART G. One Year Power Cost: N/A
110-4537
PART H. Street Trees: N/A
PART I. Map Checking Fee: $543
110-4539
PART J. Park Fee: Zone I $72,000
280-4081
PART K. Water Main Reimbursement: N/A
PART L. Maps and/or Improvement Plans:
AS SPECIFIED IN ITEM #23
File No.: 52,215
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NOW, THEREFORE, IT IS HEREBY N[UTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPERS 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 DEVELOPERS fail or refuse 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 CIT`E' shall decide. In the event the CITY completes
the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPERS or
the DEVELOPERS' surety or both.
B. The DEVELOPERS 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 Worlc
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 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 Pul~lic Works, California Department of
Transportation, State of California, and in accordance 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'' or "Director of Public Worl<s" 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 be used in lieu of such conflicting portions.
2. EXCAVATION PERMIT
It is further agreed that the DEVELOPERS shall comply with Section Three of Ordinance
No. 130 of the CITY by obtaining an excavation permit 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 DEVELOPERS shall notify the
City Engineer of the exact date and time when the proposed excavation is to commence.
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3. QUITCLAIM DEED
It is further agreed that the DEVELOPEIS, when requested by the CITY, shall quitclaim
all his rights and interests in, and shall grant to CITY authorization to extract water from the
underground strata lying beneath said project an~~ DEVELOPERS agrees to execute a "Quitclaim
Deed and Authorization" in favor of CITY, whe~i presented to him for signature.
4. BONDS AND OTHER SECURITY
A. Upon the execution of the AGREEMENT, the DEVELOPERS shall file with the
CITY a faithful performance bond to assure his i-u11 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, t:he value of any land agreed to be dedicated, and
any improvements to be made under this AGREEMENT. In the event that improvements are to
be made under this AGREEMENT, the DEVELOPERS 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 En;~ineer. 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 sufficiency. In the event that the
DEVELOPERS 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 DEVELOPERS' failure to so do.
B. In lieu of a surety bond, the DEVELOPERS may elect to secure this AGREEMENT
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 (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 DEVELOPERS furnished the CITY with a surety bond. In the event that the
DEVELOPERS 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 s~iid security thereto.
D. No release of surety bond, cash depo~~it, 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.: 52,215
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5. CHECKING AND INSPECTION FF,E
It is further agreed that DEVELOPERS shall pay any and all necessary direct expenses
for inspection, checking, etc., incurred by CITY in connection with said Project, and that
DEVELOPERS 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 (~ity Engineer shall notify DEVELOPERS of any
additional sum due and owing as a result thereof.
6. INDIRECT EXPENSES
It is further agreed that DEVELOPERS 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 DEVELOPEF:S shall deposit with City, prior to execution ol~
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 DEVELOPEF:S shall pay to the CITY, prior to execution of
this AGREEMENT, the amount set forth herein ,~t 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 CITY. Should the DEVELOPERS complete the
required repairs to the entire satisfaction of the C'.ITY, the unused balance will be returned after
the release of the improvement bonds.
9. STORM DRAINAGE FEE
It is further agreed that the DEVELOPERS 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 F).
10. ONE YEAR POWER COST
It is further agreed that the DEVELOPEF:S 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.: 52,215
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11. THE INSTALLATION OF STREET' TREES
It is further agreed that the DEVELOPEF:S 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 DEVELOPERS :hall 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 :f, 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
Cupertino Municipal Code.
13. MAINTENANCE OF WORK
It is further agreed that the DEVELOPER'S shall maintain the Worlc: 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 specifications for the Worlc, whichever is the: later to occur. The DEVELOPERS 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 DEVELOPERS shall file with CITY, upon execution o£this
AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPERS 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 in~~ure 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 DEVELOPERS 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 DEVELOPERS shall file with the CITY, upon execution of
the AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County,
stating that the DEVELOPERS have entered into an AGREEMENT with said District to install
File No.: 52,215
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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 DEVELOPE);:S 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 DEVELOPERS shall pay to Pacific Gas and Electric
Company and/or to PACIFIC BELL any and all fees required 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 DEVELOPERS are
notified by either the City Engineer or the Pacifi~~ Gas and Electric Company and/or PACIFIC
BELL that said fees are due and payable.
19. EASEMENTS AND RIGHT RIGH7'-OF-WAY
It is further agreed that any easement and right-of--way necessary for completion of the
Project shall be acquired by the DEVELOPERS at their 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 DEVELOPERS 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 sev~:rance 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 amount; 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
DEVELOPERS or their contractor and continuing until the completion of the maintenance of the
Work as provided in Paragraph 13 above, the D)=;VELOPERS 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 arising out of the performance or
nonperformance of the Work or the negligence or willful misconduct of the DEVELOPERS or
the DEVELOPERS' agents, employees and independent contractors.
21. INSURANCE
It is further agreed that: The DEVELOPERS 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 naming the CITY and members of the City Council of the City of Cupertino,
individually and collectively, and the officers, agents and employees of the City individually and
Pile No.: ~2,~ I
Page 7 of 9
collectively, as insured. Said separate policy shz.ll provide bodily injury and property damage
coverage to the foregoing named CITY and indi~~iduals covering all the Worlc performed by, for,
or on behalf of said DEVELOPERS. 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 DEVELOPERS shall file with the City Engineer at or prior to the time of
execution of this AGREEMENT by the DEVELOPERS 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 cancellation 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 al'lect
the area of jurisdiction of a separate municipalit:~ or political subdivision of the State of
California, the policies of insurance required her~:in and above shall co-name such municipality
or political subdivision and the provision set equally apply to municipality and political
subdivision.
22. WATER MAIN EXTENSION DEPOSIT
The DEVELOPERS further agrees to deposit with the CITY those monies required to
comply 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 improvements
outlined by the Director of Public Works or improvements outlined within an adopted Water
Master Plan. The amount shown herein at PART K, Page 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
DEVELOPERS' expense:
A. A photo mylar and twelve (12) prints of fully executed tract map.
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.
File No.: 52,215
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The DEVELOPERS agree to pay the CITY 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 o:f the DEVELOPERS. The assignment of this
AGREEMENT shall not be made without appro~/al by the City Council of said CITY.
IN WITNESS WHEREOF, CITY has ca~zsed its name to be hereunto affixed by its
Mayor and City Clerk, thereunto duly authorized. by resolution of the City Council and said
DEVELOPERS has hereunto caused his name to be affixed the day and year first above written.
CITY OF CUPERTINO:
Approved as to form:
Mayor
i
v~
rty Attorney Cit Clerk
D
in E. Khaziri
l
Christine V. Khaziri
~~
~ Michael M. Aminian ~ct57LCF
Notary Acknowledgment Required
Exhibit A Attached
File No.: 52,215
Page 9 of 9
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
}ss
}
On MAY 30, 2001, before me, CAROL L.W'EIR, a Notary Public in and for said State,
personally appeared MICHAEL M. AMINIAN, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and}official seal.
1
~ /7
Signature ,~
~ , w.t .. ca~o,t ~. u~i°~
cortnrN. ~ ~s~2a~a ~
U °+ ~ NOTARY PUBLIC-CALIFORNIA G~
~ COItl1M EXP~AfARCH012 20ry07
(This area for official notarial seal)
OPTIONAL:
DESCRIPTION OF ATTACHED DOCUMENT
TRACT AGREEMENT NTRACT NO 9313
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
}ss
}
On ~s Cle~'Lp IU , 2001, before me, _ (, r9-~~ ~: ~ ~°t/L- , a Notary Public
in and for said State, personally appeared F~OSSAIN E. KHAZIRI AND CHRISTINE V.
KHAZIRI, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in hi:./her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the I~erson(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~- ~
Signature ` ~" ''
CAROL L. WEIR ~
t 11ER
V COMM. >1 1212819
(7 +® - ~ NOTARY PUBLIC-CALIFORNIA
'~ SANTA CLARA COUNTY n
CORtlA. EXP. MARCH 12, 2065 `'
(This area for official notarial seal)
OPTIONAL:
DESCRIPTION OF ATTACHED DOCUMENT
TRACT AGREEMENT NTRACT NO 9313