08-108 Imp. agrmnt. 10855 N. Stelling Rd.RECORDING 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 GOB/. CODE 6903
DOCUMENT- 19976270 Pages 13
III~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Copes ~ No Fees
AMT PAID
RE=GINA ALCOMENDRAS RDE # 006
SF~NTA CLARA COUNTY RECORDER 8/28/2008
Recorded at the request of 2 08 PM
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
IMPROVEMENT AGREEMENT
10855 N. Stelling Road
APN # 326-07-037
riginal
O For Fast Endorsement
AGREEMENT
10855 N. Stelling Rd
APN: 326•-07-037
This AGREEMENT made and entered into this alst day of _14r~o Usf 2008, by
and between the CITY OF CUPERTINO, a municipal corporation of the State of California,
hereinafter designated as CITY, and Stelling Palms of Cunertino. LLC. hereinafter designated as
DEVELOPER.
WITNESSETH
WHEREAS, said DEVELOPER 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. 9983 in Cupertino, California, hereinafter designated as the "Tract"; and
WHEREAS, the DEVELOPER has made application to the CITY to secure a Building Permit
to construct twenty single family residential units hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the
Project by JMH Weiss, Inc., 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".
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:
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-Yeaz Power Cost:
110-4537
PART G. Map Checking Fee:
110-4539
PART H. Park Fee: Zone III
280-4083
PART I. Reimbursement Fee
$91,910.88
$91,910.88
$4,595.54
$2,000.00
$2,550.15
N/A
$7,298.00
$153,000.00
N/A
Page 2 of 10
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties
hereto as follows, TO WIT:
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 whate~~er 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 "Caliifornia Division of Highways" are mentioned in
the State Specifications, it shall be conside;red 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 St~~te 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
3. 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 gr~uit to CITY authorization to extract water from
the underground strata lying beneath said project. DEVELOPER agrees to execute a
"Quitclaim Deed and Authorization" in favor 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
this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do
so.
B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT
by depositing with the CITY:
Cash; or,
ii. A cashier's check, or a certi-feed 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 :;hall 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 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 insurance release for
paper bonds are as follows:
Page4of10
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 acid 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, provide;d 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 small pay any and all necessary direct expenses for
inspection, checking, etc. incurred by CI"I'Y 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 (P~u-t 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 filets. 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 pazagraph 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, Mazch 21, 1977, in the
amount as set forth herein at Page 2 (Part E).
Page 5 of 10
8. STREET LIGHT -ONE YEAR POWER GJST
It is further agreed that the DEVELOPER :;hall 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 of this
AGREEMENT, for office checking of final map and field checking of street monuments, in
compliance with Section 4:1 of Ordinance ]~Io. 47 (Revised 12/04/61) of CITY, the amount
as set forth herein at Page 2 (Part G).
10. THE INSTALLATION OF STREET TREES
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 CTTY approved list.
1 1. PARK FEES
It is further agreed that the DEVELOPER ;;hall 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,
Park Land Dedication, Cupertino Municipal. Code, and which is further stipulated herein at,
Page 2 (Part H). Fees aze also in accordazice 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 chazge 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 yeaz, to be calculated in the following manner:
A. Land 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 the land is
purchased by the City for a City project, from the date of purchase to the date the chazge is
paid.
Page6of10
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 installati~~n 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 :;hall maintain the Work until all deficiencies in
the Work are corrected to conform to the Plums and the City Standazds 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 azising out of or due to faulty workmanship and/or
materials appearing in said Work.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER :;hall 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 :;hall 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/ ATBrT
It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company
and/or to ATBzT, any and all fees required for installation of overhead and/or underground
wiring circuits to all electroliers within s<~id 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 ATBrT 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 DEVELOPEiR at his/her own cost and expense.
Page 7 of 10
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 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 continuing until the completion of the maintenance
of the Work, the DEVELOPER shall indenmify, 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, exc;ept to the extent any of the foregoing is caused
by the negligence or willful misconduct of '[he CITY or the CITY'S agents, employees and
independent contractors.
19. INSURANCE
It is further agreed that: the DEVELOPEF: 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 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 ~~f 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 c~clled 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.
Page8of10
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 pit 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 (F~~rm B) Endorsement provided along with the
evidence of said foregoing policy of policie s 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 ]'orms for proof of insurance and endorsements to
policy as specified above.
20. 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 five (5) print:: 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) % size prints of fully executed plans and map.
The DEVELOPER agrees to pay the CITE" 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 9 of 1 O
nBi"IB/~nng n~:.^-,n Fr, ;. 4os ~7i '^.^3 CITY CLIPEI?TINCt [~n~n/non
21. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors. successor, assignee and
transferees of the DEVELOPERS. The assi~:[u:nent of this AGREEMENT shall not be made
without approval by the City Council of the City of Cupertino.
ZN R'ITNESS WHEREOF, CZTY 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 ha_s 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 Clerk
DEVELOPER:
Stelling Palms of Cupertino, LLC,
a California limited liability company
By: Chartier Property Management,
a living trust (Sole Member)
By: ,~
son Chartier, rustee
~_ ~.~-
.~,
Attach Notary acknowledgement
SEE ATTAC: •IED
NOTARY CERTIFICATE
Page 10 of 19
CALIFORNIA ALL-PURPOSE ACKNOW'LE~GMENT
State of California
County of l+'tit~`.~/ L'CGlJ~.~~ '-, ~j/A ``
On /6 ~ - Do ~ before mew ~ ~ f~~ ~ / J~~ ,
~ Date / J / Hare seat Name an itle of the Officer
personally appeared ~~- ~~l - ~1~~ ~'t ~~ ~~
Name(s) of Signer(s)
_. E_ w ~ ®.
~' -.. MA)2tETiA Siv:LG3
~~ Commission # 7 A954 s 2
z ~ ~ ,m ~~~-- Noiory Put~lic - CaZlfor; tla
~^, ~~~`~
`~~-~ `~~ d Santa Ciara Coun r
Y~ ~~ R+
My Camm. Expires Jun 23, 21?CS'
who proved to me on the basis of satisfactory evidence to
be the person( whose name('s~ase subscribed to the
within instrument and acknowledged to me that
e~ he/they executed the s e in~/her/their authorized
capaciiy(iss), and that b hi her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h and official eal.
Signature
Place Notary Seal Above Signature of Notary Public
OPT/ONAL_ ~~
Though the information be/ow is not required by law, if may prove va/uab/e to persons relying on the document
and cou/d prevent fraudulent removal and reattachmEnt of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Dater
Number of Pages:
Signer(s) Other *1+(an Named Above:
Capacity(ies) Cla~medpby Signer(s)
Signer's Name: ~t ~-wc.L. ~ u/c ~-- Signer's Name:
O Individual D Individual
O Corporate Officer -Title(s): D t~orporate Officer -Title(s):
O Partner - O Limited D General _ _ _ O I~artner - ~ Limited (] General _ _ _
I~Attorney in Fact • - O f>ttorney in Fact • -
~ Trustee Top of thumb here 0 ~rUStee Top of thumb here
D Guardian or Conservator O Guardian or Conservator
O Other: ~ Other:
Signer Is Representing: Sinner Is Representing:
®2007National Notary ASSOCiation~9350 D¢SOto AVe., P.O. SOx 2402-Chatsworth,CA 913t~-2402-www.NationalNOtary.org Item K5907 Reorder: Call TolFFre¢1-BOO-8]66827
VERIFICATION
I have reviewed this 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 19th day of August, 2008, at Cupertino, California.
____
~~~-.,- /
Mary R e / -
City Clerk's Office /'~
City of Cupertino i/