03-053 Chiping Yang & Bee Choo YangRECORDING REQUESTED BY
~i~'V~I~~NI'MI~'IN'~W~IhVI~'
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
BRENDA DAVIS
SANTE~ CLARA COUNTY RECORDER
Recorded at the request of
City
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Pages 3
Fees.... ~ No Fees
Taxes...
Copies..
AMT PAID
RDE # 012
9/16/2004
11 14 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOY. CODE 6103
CERTIFICATE OIL COMPLETION
AND
NOTICE OF ACCEPTAI\'CE OF COMPLETION
CHIPING YANG AND- BEE CHOO YANG
10060 SANTA LUCIA ROAD
APN 342••16-034
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Original
~ For Fast Endorsement
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CITY OF
CUPE~TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF' COMPLETION
AND
NOTICE OF ACCEPTAI\ CE 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 certain municipal
improvements in conjunction with the following project:
CHIPING YANG AND BEE CHOO YANG
10660 SANTA LUCIA ROAD, APN 342-16-034
have been completed in accordance with the aI-proved improvement plans and acceptance of
completion was ordered by the City Council on September 7, 2004.
~ ~. eiL-C.l
Director of Public Works and
(~ity Engineer of the City of Cupertino
Date: September 8, 2004
Printed on Regrcled Paper
VERIFIC±ATION
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 the laws of the State of California, that the
foregoing is true and correct.
Executed on the 14th day of September, 200~I at Cupertino, California.
Administrative Clerk
City of Cupertino
,b~~
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AGREEMENT
10660 Santa Lucia Road
APN 342-16-034
This AGREEMENT made and entered into this t~~lay of / YC~ t/ , 2002, by and between
the CITY OF CUPERTINO, a municipal corporal:ion of the State of California, hereinafter
designated as CITY, and Chiping Yang and Bee Choo Yang, hereinafter designated as
DEVELOPER.
WITNESSETH
WHEREAS, THE DEVELOPER has made application to the CITY to SECURE A
BUILDING PERMIT to construct a Single Famiily Dwelling hereinafter referred to as
"Project".
WHEREAS, CITY hereby approves the improvement plans and specifications prepared for
the Project by James C. Chen, a true copy of which improvement plans and specifications are on
file in the office of the City Engineer of Cupertino; and
full;
WHEREAS, the same are incorporated herein by reference, the same as though set out in
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".
Page 1 of 11
File No.: 52,321
WHEREAS, pursuant to the provisions of 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 DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: $21,755
110-2211
PART B. Labor and Material Bond: $21,755
110-2211
PART C. Checking and Inspection Fee: $1,840
110-4538
PART D. Development Maintenance Deposit: $1,000
110-2211
PART E. Storm Drainage Fee: Basin 2 $286.67
Account #: 215-4072
PART F. One Year Power Cost: N/A
110-453 7
PART G. Street Trees N/A
PART H. Map Checking Fee: N/A
110-4539
PART I. Park Fee: ZONE II N/A
ACCT #: 280-4082
PART J. Water Main Reimbursement Fee: N/A
110-4554
PART K. Maps and/or Improvement Plans By Developer
As Specified in Item #20
Page 2 of 11
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties
hereto as follows, TO WIT:
DEDICATION
A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A",
which is attached hereto and made a part hereof by reference. Said dedicated property shall
be free and clear of all liens or encumbrances except those which the CITY shall waive in
writing. The DEVELOPER agrees not to rE;voke said offer of dedication, and to keep said
offer open until the CITY accepts offer by resolution.
B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a
properly executed grant deed to the CITY of the real property described in Exhibit "A", and
such other executed conveyances, or instruments necessary to convey clear title as herein
required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense,
to the City:
(1) A preliminary title report issued by a title insurance company relating to the
properly offered for dedicati~~n.
(2) A standard policy of title insurance issued by a title insurance company and
insuring the CITY in the sum of: N/A, and which shall show said property
free and clear of all liens or encumbrances except those as the CITY shall
expressly waive in writing; said policy shall be furnished at the time of
acceptance of dedication anC~ recordation of deed.
C. Upon the condition precedent that the DEVELOPER shall perform each and every
covenant and condition of this AGREEMENT, the CITY agrees to accept said real property
offered for dedication.
2. 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 ~~eriod 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. No final inspection
shall be granted or street improvements shall not be accepted unless all the requirements
for safety purposes are installed such as sidE;walks, handicap ramps, street lights, etc.
Page 3 of 11
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 done in accordance with exi:~ting ordinances and resolutions of the CITY
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 hereto. 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 sh;~ll be done in accordance with the most current
Standard Specifications of the Department ~~f Public 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 pis referring to the CITY of Cupertino; also
wherever the "Director" or "Director of Pul;lic 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 be used in lieu of such conflicting
portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance
No. 130 of the CITY by obtaining an excav,~tion 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 DEVELOPER shall
notify the City Engineer of the exact date acid time when the proposed excavation is to
commence.
4. QUITCLAIM DEED
It is further agreed that the DEVELOPER, 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 proje~;t and DEVELOPER agrees to execute a
"Quitclaim Deed and Authorization" in favor of CITY, when presented to them for
signature.
Page 4 of I I
5. BONDS AND OTHER SECURITY
A. Upon the execution of this AGREEMENT, 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 AGREI=;MENT, the value of any land agreed to be
dedicated, and any improvements are to be made under this AGREEMENT. In the event
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 ~~f 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 sufficiency. 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 faithful performance 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 certif ied 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 DEVELOPER furnished the CITY with a faithful performance 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 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.
Schedule for bond and insur~ince release for paper bonds are as follows:
A. Release of 90 percent of the faithful performance bond
upon acceptance by City Council
Page 5 of 11
B. Release of the remaining 10 percent of the performance
bond at one year from acceptance after all deficiencies have been
corrected and in the absence of any claim against such bond.
C. Release of the entire labor and material bond at six months
from acceptance after all deficiencies have been corrected and in the
absence of any claim against such bond.
D. Liability insurance, provided by the developer to hold the City
harmless in the event of• liability arising from the project, to be retired
at the end of one year if all deficiencies have been corrected and in the
absence of any claim against such insurance.
2. Schedule for Bond and Insurance Release for Cash, CD, Set-Aside Letter
are as Follows:
A. Release of 4~5% of bond upon acceptance by City Council.
B. Release of a.dditiona145% at six months from acceptance
after all deficiencies have been corrected and in the absence of any
claim against such bond.
C. Release of remaining 10% at one year from date of
acceptance after all defi~~iencies have been corrected and in the absence
of any claim against such bond.
D. Release of the liability insurance, provided by the developer or
contractor to hold the City harmless in the event of liability arising from
the subject project, at the end of one year if all deficiencies have been
corrected and in the abs~:nce of any claims against such insurance.
E. No interest shall be paid on any security deposited with the CITY.
6. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for
inspection, checking, etc., incurred by CITE' 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 (Pa:rt C.). Should construction cost vary materially
from the estimate from which said sum is c,~lculated, the City Engineer shall notify
DEVELOPER of any additional sum due acid owing as a result thereof.
Page 6 of 11
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:'~ of Ordinance No. 47 (Revised 12/04/61) of
CITY, the amount as set forth herein at Page 2 (Part H).
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 D) as a development
maintenance deposit to insure proper dust control and cleaning during the construction
period. The development maintenance dep~~sit 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 surety bonds or other security permitted
under paragraph S.B by the CITY.
Should the DEVELOPER complete the req~~ired repairs to the entire satisfaction of the
CITY, the unused balance will be returned sifter the release of the surety bond or other
security permitted under paragraph S.B.
9. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution
of this AGREEMENT, a storm drainage ch~~rge in connection with the said Project in
accordance with the requirements establishe;d in Resolution 4422, March 21, 1977, in the
amount as set forth herein at Page 2 (Part E 1.
10. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit. with the CITY those monies required to
comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. 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 the adopted
Water Master Plan.
The amount shown herein at Part J, Page 2, shall be the full amount due.
11. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to the CITY prior to execution of this
AGREEMENT, the amount as set forth her~:in at Page 2 (Part F), which amount represents
the power cost for street lights for one year.
Page 7 of 11
12. THE INSTALLATION OF STREET TREF;S
It is further agreed that the DEVELOPER :;hall, 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.
13. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to
the CITY, prior to execution, as is required within Section 18-1.602 Park Land Dedication,
Cupertino Municipal Code, and which is further stipulated under Part I, Page 2 herein. Fees
are also in accordance with action adopted ley the City Council on March 19, 1991 and
Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code.
14. MAINTENANCE OF WORK
It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in
the Work are corrected to conform to the Plans and the City Standards and Specifications
for the Work. 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.
15. 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 submitted plans for review by the District and that sanitary sewers are available to
serve all lots within said Project.
16. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon execution of this
AGREEMENT, substantial evidence that all :provisions of Section 66493, Article 8, Chapter
4 of the Government Code, pertaining to special assessments or bonds, have been complied
with.
17. PACIFIC GAS AND ELECTRIC/PACIFIC BELL
It is further agreed that the DEVELOPER shell pay to Pacific Gas and Electric Company
and/or to PACIFIC BELL Company any and all fees required for installation of overhead
and/or underground wiring circuits to all electroliers within said properly and any and all
fees required for undergrounding as provided in Ordinance No. 331 of CITY when are
Page 8 of 11
notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific
Bell Company that said fees are due and pay~ible.
18. EASEMENTS AND 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 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 regl~ire shall be deposited with the City of
Cupertino.
19. HOLD HARMLESS
It is further agreed that, commencing with t:he performance of the Work by the
DEVELOPER or his contractor and continuing until the completion of the maintenance of
the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from
and against any or all loss, cost, expense, d~unage 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 DEVELOPER or the DEVELOPER'S
agents, employees and independent contractors, except to the extent any of the foregoing is
caused by the negligence or willful misconduct of the CITY or the CITY's agents,
employees and independent contractors.
20. 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 r~:quired 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 collectively, as insured. S~iid separate policy shall provide bodily 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 o~~currence basis; and said policy or policies shall
provide that the coverage afforded thereby :hall 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
Page 9 of 11
or policies, that other insurance shall not be called upon to cover a loss under said
additional policy.
The insurance carrier shall provide proof of'their ratings. All ratings shall be a minimum
of "Best A-7" in accordance with ABAG policies.
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
cancellation or reduction in coverage without giving the City Engineer at least ten
(10) days advance notice thereof. The CITY shall be shown as additionally insured
on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or
(Form B) Endorsement provided along with the evidence of said foregoing policy
of policies of Insurance.
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 require~3 herein and above shall co-name such
municipality or political subdivision and thf; provision set forth herein and above for the
protection of the CITY shall equally apply to municipality and political subdivision.
21. MAPS AND/OR IMPROVEMENT PLAN;i
It is further agreed that the CITY shall obtain the following map and/or plans at the
DEVELOPER'S expense:
A. A mylar blackline and seven (7) prints of fully executed parcel map.
B. A mylar blackline and ten (10) 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 CITY :from the development maintenance deposit the
cost for all prints of plans and map required under Item 20.
22. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee. and
transferees of the DEVELOPER. The assignment of this AGREEMENT shall not be
made without approval by the City Council of the City of Cupertino.
Page 10 of 11
IN WITNESS WHEREOF, CITY has caused 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 their name to be affixed the day and year first above written.
CITY OF CUPERTINO:
Approved as to form:
City Attorney
Mayor
~~
City C rk
DEVELOPER:
~7 >'
Chiping Ya
i c
Bee Choo Yang
Notary Acknowledgment Required
Exhibit A Attached
Page 11 of 11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIF~~NIA ,'" ~,~ ~' }
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^ Personally known to me ORS ~6d...,~aaced to me on the basis of satisfactory vidence to be the person(s)
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instrume t and cknowledged to me that
he/she~i~ executed the same in his/her
authorized capacity(ies), and that by his/her~se~
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
,r BRUCE KIRK IKEDA
d. COh4f44. # 1284565
~ NOTARY PUBLIC-CALfFOftNiA ~~
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l h4y C~miS3ion E:~ir~s NOVA t~ 8~''
executed the instrument.
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^ Corporate Officer(s) -Title(s)
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Signer is Representing Name of person(s) or
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Description of Attached Document
(Although this information is optional, it could prevent fraudulent
attachment of this certificate to another document. )
This certificate is for attachment to the document
described below: /1
Title or type of document
Number of pages
Date of document ~ ~ '- ~ "`~j~..r---
Signer(s) other
SAV-191A (7/98)