09-137 Improv Agreement, 10460 S Foothill BlvdRECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE /N ACCORDANCE
W/TH GOV. CODE 27289
iiii~i~~i~i~i~mu~i~u~m .::.
REGINA ALCOMENDRAS RDE s# 014
SANTA CLARA COUNTY RECORDER 12/01/2009
Re~~orded at the request of 1 142 AM
C i ty
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
IMPROVEMENT AGREEMENT
Felicia (how
10460 South Fool:hill Boulevard
APN 357-•04-010
l~, Original
O For Fast Endorsement
AGREEMENT
104G0 South Foothill Boulevard
APN 357-04-010
This AGREEMENT made and entered into this ~~ day of Q {.e-r// , 2009, by
and between the CITY OF CUPERTINO, a municipal corporation of the Stat of California,
hereinafter designated as CITY, and Felicia Chow. an unmarried woman. hereinafter designated as
DEVELOPER.
W I T N E S S E T H
WHEREAS, the DEVELOPER has made application to the CITY to secure a Building Permit
to construct a single residential dwelling hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the i~npiovement plans and specifications prepared for the
Project by WEC 8c Associates, Inc., a true copy oi' which 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".
WHEREAS, pursuant to the provisions ofthis AGREEMENT, the CITY hereby established
the amounts of Bonds, Fees, and Deposits as set fo:-th in the following schedule:
SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
110-2211
PART B. Labor and Material Bond:
110-2211
PART C_ Checking and Inspection Fee:
110-4538
PART D. Development Maintenance Deposit:
110-2211
PART E. Storm Drainage Fee -Basin 3
215-4073
PART F. Street Light -One-Year Power Cost:
110-4537
PART G. Map Checking Fee:
110-4539
PART H. Park Fee: Zone III
280-4083
PART I. Rei~nburse~nent Fee
$15,499.70
$ 15,499.70
$2,468
$2,000.00
$283.79
N/A
N/A
N/A
N/A
Page 2 o f 1 U
NOW, THEREFORE, IT LS 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 the Grant of
Easement for Roadway Purposes 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 revoke 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 dedicated real property, and/or such other
executed conveyances, or instruments nece:>sary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S so-e cost and expense, to the City:
(1) A preliminary title report issued by a title insurance company relating to the
property offered for dedication.
(2) A standard policy of title insurance issued by a title insurance company and
insuring the CITY in the si_un 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 and 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 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 inay recover any and all costs incurred thereby
from the DEVELOPER or the DEVELOP] R'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 sidewalks, handicap ramps, street lights, etc.
Page 3 of 1 O
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 existing ordinances and resolutions of the CITY and
in accordance with all plans, specifications, and standards 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 plans, specifications, and standards as set forth.
C- It is fw-ther 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 accordance with the specifications of the
Cupertino Sanitary District where applicable-
D. 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 Works" is mentioned, it shall be considered
as referring to the City Engineer-
E. hi case of conflict between the State Specifications and the specifications of the
CITY, and/or the Cupertino Sanitary Dis~.rict, the specifications of the CITY and/or the
Cupertino Sanitary District shall take prece~jence over and be used in lieu of such conflicting
portions-
QUITCLAIM DEED
It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all
his/her rights and interests in, and shall grant to CITY authorization to extract water from
the underground strata lying beneath said project. DEVELOPER agrees to execute a
"Quitclaim Deed and Authorization" in savor of CITY, when presented to him/her for
signature-
4- 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/her full and faithful performance of this
AGREEMENT. The penal sum of said faithful performance bond is as set forth in Part A of
the SCHEDULE OF BONDS, FEES AND DEPOSITS. 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 as set forth in
Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS. Said bonds shall be
executed by a surety company authorized to transact a surety business in the State of
California and have been approved by the City Attorney as to form and by the City Engineer
as to sufficiency. In the event that the DEVELOPER shall fail to faithfully 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
n<<g~ n ~r~ ~ v
this AGREEMENT or otherwise indeinnif~i the CITY for the DEVELOPER'S failure to do
so.
B. In lieu of a surety bond, the DEVELOPER fnay elect to secure this AGREEMENT
by depositing with the CITY:
Cash; or,
ii. A cashier's check, or a certified check payable to the order of the City of
Cupertino; or,
iii. 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 to faithfully 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 nay 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 insurance release for
paper bonds are as follows:
i_ Release of 90 percent of the faithful performance bond upon acceptance by
City Council.
ii. Release of the remaining ] 0 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.
iii. Release of the entire labor a.nd material bond at six months from acceptance
after all deficiencies have been corrected and in the absence of any claim against
such bond.
iv_ Liability insurance, provided by the DEVELOPER to hold the CITY
harfnless in the event of liability arising frofn the project, to be retired at the end of
one year if all defiiciencies have been corrected and in the absence of any claim
against such insurance-
CHECKING AND INSPECTION FEE
-t is further agreed that the 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 C[TY, prior to execution of this AGREEMENT,
Page5of 10
the amount as set forth herein at Page 2 (Fart C). Should construction cost vary materially
from the estimate from which said surr~ is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
6. 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. The deposit may be used at the discretion of the City to correct
deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise
during or after the construction of the development. The deposit shall also be used for
copies of approved plans for the C1TY's files- if the cost exceeds the amount deposited the
DEVELOPER is required to pay actual overage prior to return of original plans- Any
unexpended amount will be returned to the DEVELOPER at the time all bonds are released
in accordance with paragraph 4 ofthis agreement.
7. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER :;hall deposit with the CITY, prior to execution of
this AGREEMENT, a storm drainage charge in connection with the 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 E).
8. STREET LIGHT -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 herein at Page 2 (Part F), which amount represents
the power cost for street lights for one year.
9. MAP CHECKING FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution ofthis
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 G).
1 O. THE INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at suck 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 C[TY approved list.
1 1 . PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to
the CITY, prior to execution of this AGREEMENT, as is required within Section 18-1 _602,
Page G of ] O
Park Land Dedication, Cupertino Municipal Code, and which is further stipulated herein at,
Page 2 (Part H). Fees are also in accordance with action adopted by the City Council on
March 19, 1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code.
12. REIMBURSEMENT FEE
It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of
this AGREEMENT, a reimbursement fee for the street improvements that have been
installed by the City, or by another property owner. Developer shall pay the City for the
cost of the land at the cost to the City, or another property owner, and shall pay a street
improvement reimbursement charge for the improvements which the City or another
property owner, installed on the street abutting or included in the benefited property, in an
amount equal to the total improvement costs for each particular benefited property as set
forth in a reimbursement agreement, in the amount as set forth herein at Page 2 (Part I).
Payments for both land and improvements shall include simple interest in the amount of
seven percent per year, to be calculated in the following manner:
A. Land Cost. Interest to accrue from the date the street iinproveinents are accepted by
the City to the date the street improvements reimbursement charge is paid, or if the land is
purchased by the City for a City project, from the date of purchase to the date the charge is
paid.
B. Improvement Cost_ Interest to accrue from the date the street improvements are
accepted by the City to the date the street improvement reimbursement charge is paid, or if
installed by the City, from the date installation commenced to the date the charge is paid_
C. Provided, however, that the interest shall be waived if the adjoining property owner
dedicates or has dedicated to the City land necessary for the street improvements, or where
no such dedication is necessary.
1 3. 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.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with the 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.
Page 7 of 1 O
15. GOVERNMENT COSTS
It is further agreed that the DEVELOPER shall file with the 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.
1 6. PACIFIC GAS AND ELECTRIC/ ATBzT
[t is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company
and/or to AT&cT, 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. 33] of CITY when the DEVELOPER is
notified by either the City Engineer or Pacific Gas and Electric Company and/or AT&cT that
said fees are due and payable.
17. 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/her 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 sun., 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.
18. HOLD HARMLESS
It is further agreed that, commencing with the performance of the Work by the
DEVELOPER or his/her contractor and co;;~tinuing 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, damage or liability, or claim thereof, occasioned
by or in any way 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.
19. 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
Pzigc x of ~ U
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. Said 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 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 ~ne~nbers 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-
The insurance carrier shall provide proof of their ratings. All ratings should be Best's Guide
Rating of A, Class VII or better or that is acceptable to the CITY-
A. Each of said policies of insurance shall provide coverage in the following minimum
amounts: for general liability for bodily injury, personal injury and property damage
$1,000,000 each occurrence, with an aggregate limit of not less than $2,000,000.
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 (1 O) 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 required herein and above shall co-name such
municipality or political subdivision and the provision set forth herein and above for the
protection of the CITY shall equally apply to municipality and political subdivision.
D- DEVELOPER to use City supplied forms for proof of insurance and endorsements to
policy as specified above.
20- MAPS AND/OR IMPROVEMENT PLAN',
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 five (5) prints of fully executed parcel map.
B- A mylar blackline and twelve (12) prints of fully executed improvement plans-
Page 9 cil~ 1 O
21
C. A scan in raster format of all executed improvement plans and map.
D. One (1) % size prints of fully executed plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance deposit the
cost for all prints of plans and maps. If costs exceed the amount deposited the
DEVELOPER is required to pay actual overage prior to return of original plans.
SUCCESSORS
This AGREEMENT shall bind the heirs, a,3ministrators, executors, successor, assignee and
transferees of the DEVELOPERS. The assignment of this AGREEMENT shall not be made
without approval by the City Council of the City of Cupertino.
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.
r A~pQp~r~ov~ed as to form:
City Attorney
Attach Notary acknowledgement
CITY OF CUPERTINO:
`~~~~
Mayor
City Clerk
DEVELOPER: "
Fel' is Chow
Page 1 o of 1 O
CALIFORNIA ALL-PURPOSE ACKNO'WLE~GMENT
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RESOLUTIOl`1 NO. 09-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPER, FELICIA CHOW,
10460 SOUTH FOOTHILL BOULEVARD, APN 357-04-010
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and Developer, Felicia Chow, for the installation of
certain municipal improvements at 10460 South 1=oothill Boulevard, and said agreement having
been approved by the City Attorney, and the Developer having paid the fees as outlined in the
attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of October, 2009 by the following vote:
Vote Members of the C~ Council
AYES: Mahoney, Sandoval, Santor~~, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROy ll;~~/~
~~j, G
City Clerk Mayor, City of Cu ertino
Resolution No. 09-165
Page 2
EXHIBIT "A"
SCF3EDULE OF BOND, FEES, AND DEPOSITS
DEVELOPERS: FELICIA CHOW,
LOCATION: 10460 SOUTH FOOTHILL BOULEVARD, APN 357-04-010
A. Faithful Performance Bond:
$ 15,499.70
110-2211
B. Labor and Material Bond: $ 15,499.70
110-2211
C. Checking and Inspection Fee: $ 2,468.00
110-4538
D. Development Maintenance Deposit: $ 2,000.00
110-2211
E. Storm Drainage Fee -Basin 3 $ 283.79
110-4073
F. Street Light -One-Year Power Cost: N/A
110-4537
G. Map Checking Fee: N/A
110-4539
H. Park Fee -ZONE III N/A
280-4083
I. Reimbursement Fee: N/A
~~NO F~:E"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of
Section 27281 of the Government Code.
This is to certify that the improvement agreement with
10460 South Foothill Boulevard
and the City of Cupertino, a governmental agency, is hereby accepted by the City of Cupertino on
October 20`h, 2009, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: October 28, 2009
Julia Kinst
Senior Office Specialist
OFFICE OF THE CITY CLERIC
CITY HALL
'10300 TORRE AVENUE • CUPERTINO, CA 950'14-3255
TELEPHONE: (408) 777-322: -FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
October 28, 2009
Felicia Chow
10460 South Foothill Boulevard
Cupertino, CA 95014
To Whom It May Concern:
Enclosed for your records is a fully executed cop~,r of the agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the Public Works
department at (408) 777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure
cc: Public Works