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11-130 Improvement Agreement, 10215 Alhambra, APN 326-23-042 and 326-23-043 DOCUMENT: 21350693 Pages: 18 RECORDING REQUESTED BY: Fees. . . . * No Fees Taxes. . . City of Cupertino 0 II II I II III I I II II I Copies. AMT PAID WHEN RECORDED, MAIL TO: — REGINA ALCOMENDRAS RDE # 014 City Clerk's Office SANTA CLARA COUNTY RECORDER 10/06/2011 City of Cupertino Recorded at the request of 9:00 AM 10300 Torre Avenue City Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 IMPROVEMENT AGREEMENT 10215 ALHAMBRA AVENUE APN 326-23-042 AND 326-23-043 CHIN-HUE TUNG id Original O For Fast Endorsement RESOLUTION NO. 11-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, CHIH-HUI TUNG, 10215 ALHAMBRA AVENUE, APN 326-23-042 AND 326-23-043 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Chih-Hui Tung, for the installation of certain municipal improvements at 10215 Alhambra Avenue, and said agreement having been approved by the City Attorney, and 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 6th day of September, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: -740 - A kKimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino Resolution No. 11-157 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPER: CHIH-HUI TUNG LOCATION: 10215 ALHAMBRA AVENUE, APN 326-23-042 & 326-23-043 PART A Faithful Performance Bond: $ 9,775.00 110 2211 PART B Labor and Material Bond: $ 9,775.00 110 2211 PART C Checking and Inspection Fee: $ 2,468.00 110 4538 PART D Development Maintenance Deposit: $ 1,000.00 110 2211 PART E Storm Drainage Fee—Basin 3 $ 338.79 215 4073 PART F Street Light - One-Year Power Cost: N/A 110 4537 PART G Lot Line Adjustment Fee: $ 2,746.00 110 4539 PART H Park Fee - ZONE III N/A 280 4083 PART I Reimbursement Fee: N/A IMPROVEMENT AGREEMENT APN 326-23-042 & 326-23-043 10215 Alhambra Avenue, Cupertino, CA 95014 This AGREEMENT made and entered into this / day of /a' L. , 2011, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Chih-Hui Tung, an Unmarried Woman, hereinafter designated as DEVELOPER. WITNES SETH WHEREAS, the DEVELOPER has made application to the CITY to secure a Building Permit to construct a two single family dwellings hereinafter referred to as "Project". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by RCW Design LLC, a true copy of 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". NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION No dedication required. 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 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 sidewalks, handicap ramps, street lights, etc. 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 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 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. 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. Page 3 of 10 i. Release of 90 percent of the faithful performance bond upon acceptance by City Council. ii. 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. iii. 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. iv. 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. 5. CHECKING AND INSPECTION FEE It 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 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. 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 CITY'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 of this agreement. 7. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall 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). Page 5 of 10 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. 13. 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. 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. 16. PACIFIC GAS AND ELECTRIC/AT&T It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to AT&T, 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 the DEVELOPER is notified by either the City Engineer or Pacific Gas and Electric Company and/or AT&T that said fees are due and payable. 17. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement arid right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his/her own cost and expense. Page 7 of 10 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 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 PLANS 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. C. A scan in raster format of all executed improvement plans and map. D. One (1) '/z 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. Page S of 10 Exhibit A THE LAND REFERRED, TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF CUPERTINO, AND IS DESCRIBED AS FOLLOWS: PARCEL ONE: ALL OF LOTS26/AND,27 BLOCK 7 AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF MO TA VISTA FIRST ADDITION", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER. OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, '1917 IN BOOK P OF MAPS, PAGE 23. PARCEL TWO: PORTION OF LOT 55 6 IN BLOCK 7 AS `SHOWN UPON THAT CERTAIN MAP ENTITLED ".MA? O"F ONT VISTA FIRST ADDITION_", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY -OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917. IN BOOK P OF MAPS, PAGE 23, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON CORNER FOR LOTS 4 AND 32 IN THE NORTHERLY LINE OF LOT 5, BLOCK 7 AS SHOWN UPON THE MAP ABOVE REFERRED TO; AND. RUNNING THENCE EASTERLY ALONG- THE DIVIDING 'LINE BETWEEN SAID LOTS 5 AND 32, 11.30 FEET TO THE COMMON CORNER FOR LOTS 5 AND 27 OF SAID BLOCK 7 AND RUNNING THENCE _SOUTHERLY ALONG THE DIVIDING LINE BETWEEN LOTS 5 AND 6 AND LOTS 26 AND 27, SAID BLOCK 7,• 50.75 FEET TO THE COMMON CORNER FOR LOTS 6, 7, 25 AND 26 OF SAID BLOCK 7 AND RUNNING THENCE WESTERLY ALONG THE DIVIDING LINE BETWEEN SAID LOTS 6 AND 7, 20.00 FEET AND RUNNING THENCE NORTHERLY 50..00 FEET TO THE PLACE OF BEGINNING. PARCEL THREE: LOTS AND( 29 BLOCK NO 7, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MONTFVISTA FIRST ADDITION", WHICH MAP WAS FILED FOR RECORD IN THE . OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917, IN VOL. "F" OF MAPS, ON PAGE 23. PARCEL FOUR: LOTS , IN BLOCK 7, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF MONTA VISTA FIRST ADDITION, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1912 IN BOOK P OF MAPS, PAGE 23. EXCEPTING THEREFROM THE FOLLOWING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF UNIVERSITY WAY AT THE COMMON CORNER OF LOTS 1 AND 32, BLOCK 7 AS SHOWN ON THE MAP ABOVE REFERRED TO, THENCE RUNNING SOUTHERLY AND PARALLEL WITH ALHAMBRA AVENUE 75.00 FEET TO A POINT IN THE DIVIDING LINE BETWEEN LOTS 3 AND 4, SAID BLOCK 7, AND RUNNING THENCE EASTERLY ALONG THE DIVIDING LINE BETWEEN SAID LOTS 3 AND 4, 27.55 FEET TO THE COMMON CORNER FOR SAID LOTS 3 AND 4 IN THE WESTERLY IINE OF LOT 32; THENCE SOUTHEASTERLY - CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT • ii 1 ii State of California i ti County of _5;4t:1'Ft , On ©�7� 2 / before me, /� C r- , tire. /�D7 i ���t G , / (Here insert name and title of the officer) personally appeared C c/mil kw( T I( 77Nq ���c , who proved to me on the basis of satisfactory evidence to be the persorwhose name Bare subscribed to the within instrument and acknowledged to me that hethey executed the same in his/eV.heir authorized capacity , and that by his/their signature on the instrument the person,or the entity upon behalf of II which the personf4 acted, executed the instrument. i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph I is true and correct. I'; .��>, R. C. SINGH I, 0V 1, .�ra Commission # 1770167 a d -ilAi Notary Public_California WITNESS my hand and official seal. 2-kw: • ,r Son Mateo county II �� ; S Od21 2011 i Comm /./ (Notary Seal) • Signature of Notary Public I • i ADDITIONAL OPTIONAL INFORMATION I INSTRUCTIONS FOR COMPLETING THIS FORM 1 Any acknowledgment completed in California ia must contain verbiage exactly as ■ DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be I I I properly completed and attached to that document The only exception is if a I document is to be recorded outside of California.In such instances,any alternative I (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certn5,ing the authorized capacity of the signer). Please check the f document carefully for proper notarial wording and attach this form if required. t (Title or description of attached document continued) iI 4. State and County information must be the State and County where the document I: Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signer(s)personally appeared which 1!; I _ must also be the same date the acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her I commission followed by a comma and then your title(notary public). I Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. 1 Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of i the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). I " Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasscs.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t County of SAM TA c-LAR.A 5 ( i On SEPT.. 2e , -z—tt before me, K IRS r-r3 -RFt-3 SQu '.1 c1A NOT? d P061-IC I tDate Here Insert Name and Title of the Officer personally appeared G.t u-Bef&-r Wor.J6-- ty Name(s)of Signer(s) ` J who proved to me on the basis of satisfactory t evidence to be the persons) whose name;(s) is re t subscribed to the within instrument and acknowledged t to me that die she/they executed the same in '� t i her/their authorized capacity(ies)', and that by t t hi her/their signature(sfi on the instrument the 1 t t persorgs), or the entity upon behalf of which the person(s)acted, executed the instrument. t P. t I certify under PENALTY OF PERJURY under the s I' ,.,,., K laws of the State of California that the foregoing t �_- c r �A Notary Public-California z paragraph is true and correct. y t _ ': ` Santa Clara County _al Comm.Ex�ires Oct 4.2014 WITNESS my hand and official seal. t Signature: i� ; Place Notary Seal Above Signature of Notary ublic i OPTIONAL 1 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 4 Description of Attached Document Apnrs 3z�-23-042 AWA 32 - -093 ; tTitle or Type of Document: IMPRovr<MEr4T Aga-�>✓M JIo21SAf-I-fAMB�eA AvGnwe y i' Document Date: AU6-L/S-r r2 I to it Number of Pages: 11 Signer(s) Other Than Named Above: CHI N- 1-it)I --1/0 Cr 5 Capacity(ies) Claimed by Signer(s) i c ,S Signer's Name: Signer's Name: C ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT t OF SIGNER OF SIGNER ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact t ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: t Signer Is Representing: Signer Is Representing: P ©2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876 6827) Item#5907 VERIFICATION I have reviewed this Improvement Agreement and 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 12th day of August, at Cupertino, California. Kirsten Squarcia City Clerk's Office City of Cupertino