15-100 Development agreement 22750 Stevens Creek Blvd, APN 342-14-026 SCC # 23037529, Certificate of Completion SCC # 23037530s
� 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 IN ACCORDANCE
WITH GOV. CODE 27383
DOCUMENT: 23Q3753Q
REGINA ALCOMENDRAS
SAi�iTA CLARA COUNTY RECORDER
Racorded at the request of
uity
Pages� 3
Fees.... � No Fees
Taxes...
Copies.
AMT PAID
RDE # ee�
7/29/20"15
12�55 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Certificate of Completion
;
and
Notice of Acceptance of Completion
PRAKASH MANGHNANI & REKHA MANGHNANI
22750 STEVENS CREEK BOULEVARD, APN 342-14-026
�Original
O for Fast Endorsement
VERIFICATION
I have reviewed this Agreement and to the best of my knowledge, the infonnation 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 28th day of July, 2015, at Cupertino, California
�
��'�(' ��' ��"�C
Anc�reat Sand,,e�
Senior Offic�Assistant
CUPERTINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT I, Timm Borden, Director of Public Works and
City Engineer of the City of Cupertino, California, do hereby certify that certain municipal
improveinents in conjunction with the following project:
PRAKASH MANGHNANI & REKHA MANGHNANI
22750 STEVENS CREEK BOULEVARD, APN 342-14-026
have been completed in accordance with the approved improvement plans and acceptance of
completion was ordered by the Public Works Department on July 14, 2014.
�� �°'�
�
-' ector of Public Works and
City Engineer of the City of Cupertino
Date: July 22, 2014
RE�'ORDING 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 IN ACCORDANCE
WITH GOV. CODE 27383
DOCUMENT: z3037529
i� ,I �
REGiNA ALCOMENDRAS
SANTA CLARA COUNTY RECQRDER
Recorded at the request af
City
Pages� 16
Fees.... * Na Fees
Taxes..
Copies.
AMT PAID
RDE # 003
7/29/2015
12�55 PM
(SPACE ABOVE THIS L1NE FOR RECORDER'S USE)
AGREEMENT
22750 Stevens Creek Blvd, Cupertino, CA
APN 342-14-026
��riginal
O For Fast Endorsement
"NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27383 of the Government Code.
This is to certify that the development agreement
PRAKASH MANGHNANI & IZEKHA MANGHNANI
22750 STEVENS CREEK BOULEVARD, APN 342-14-026
and the City of Cupertino, a governmental agency is hereby accepted by the City of
Cupertino on July 14, 2014 and the grantee consents to recordation thereof by its duly
authorized officer.
I certify under Penalty of Perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
Dated: July 28, 2015
B ,. �-� �
Y• ..
Andrea Sa�n er
Senior Office Assistant, City Clerk
AGREEMENT
22750 Stevens Creek Bivd., Cu�ertino
APN: 342-14-026
This AGREEMENT inade and entered into tliis f� day of ��., � , 2013, by
and between the CITY OF CUPERTINO, a inunicipal corporation of the State of California,
hereinafter designated as CITY, and Prakash Man�hn�ni a�d Rekha Maa�ghnani as ioint ienants
hereinafter designated as DEVELOPER. _
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY to secure a Building
P'ernut to construct a single family dwePling hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the
Project by Bay i,and Consulting, a true copy of which iinproveinent 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 sasne 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 ainounts of Bonds, Fees, and Deposits as set forth in the following schedule:
SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Iinproveinent Category:
PART A. Faithful Perfoi-�ZZance 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. Stor�n Drainage Fee — Sasin 2
215-4072
PART E. Stonn 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. Parlc Fee: Zone II
280-4082
PART H. Park Fee: Zone III
280-4083
PART I. Reimbursement Fee
Page 2 of 11
$15,714.50
$15,714.50
$2,593.00
$1,000.00
$1,039.67
N/A
N/A
N/A
N/A
N/A
N/A
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and betweeil the parties
hereto as follows, TO WIT:
1. DEDICATION
No dedication required
2. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELQPER 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 inaiuler the CITY shall decide. In the event
the CITY completes the Work, the CITY n�ay recover any and all costs incuned thereby
from the DEVELOPER or the DEVELOPER' S surety or both. No final inspection shall be
granted or street iinproveinents shall not be accepted unless all the requireinents for safety
purposes are installed, such as sidewalks, handicap ramps, street lights, etc.
S. The DEVELOPER shall install and complete the Work in a good and worl�nanlike
inaruler 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 inaterial or worl�llanship
ineets 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 Departinent of Public Works, California Departinent of
Transportation, State of California, and in accordance with the specifications of the
Cupertino Sanitary District where applicable.
D. Wherever the words "State" or "Califoi-�zia Division of Higliways" 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.
3. QUITCLAIM DEED
Page 3 of 11
It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaiin all
his/her rights and interests in, and shall grant to CITY authorization to extract water froin
the underground strata lying beneath said project. DEVELOPER agrees to execute a
"Quitclaim Deed and Authorization" in favor of CITY, when presented to hiin/her for
signature.
4. BONDS AND OTHER SECURITY
A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the
CITY a faithful perfonliance bond to assure his/her full and faithful perfoi�nance of this
AGREEMENT. The penal sum of said faithful perfonl�ance bond is as set forth in Part A of
the SCHEDULE OF BONDS, FEES AND DEPOSITS. In the event that improvements are
to be inade under this AGREEMENT, the DEVELOPER shall, in addition to said faithful
perfonnance, 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 coinpany authorized to transact a surety business in the State of
Califon7ia and have been approved Uy the City Attorney as to fonn and by the City Engineer
as to sufficiency. In the event that the BEVELOPER shall fail to faithfully perfonn 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 perfoi�iz
this AGREEMENT or otherwise indeinnify the CITY for the DEVELOPER'S failure to do
so.
B. In lieu of a surety bond, the DEVELOPER lnay elect to secure this AGREEMENT
by depositing with the CITY:
i. 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 instnunent of credit meeting the requirements of
Govenunent Code Section 66499 (b) or (c).
C. The amount of said cash, checks, certificate of deposit, or insti•ument of credit shall
be as desigYlated by the City Engineer, and shall be the equivalent to that wluch would have
been required had the DEVELOPER furnished the CITY with a faithful perfoi�nance surety
bond. In the event that the DEVELOPER shall fail to faithfully perfonn the covenants and
conditions of this AGREEMENT, or to inake any payrlient, 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 inade
except upon approval of the Director of Public Works. Schedule for bond and insurance
release for paper bonds are as follows:
Page 4 of 11
i. Release of 90 percent of the faithful perfonliance bond upon acceptance by
the Director of Public Works.
ii. Release of the reinaining 10 percent of the perfonnance bond at one year
froin acceptance after all deficiencies have been conected 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 a11y claiin against
such bond.
iv. Liability insurance, provided by the DEVELOPER to hold the CITY
hanzlless in the event of liability arising from the project, to be retired at the end of
one year if all deficiencies have been coi�ected as�d 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 corulection with said Project, and that
DEVELOPER shall have deposited with CITY, pi�ior to execution of this AGREEMENT,
the a.inount 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 suin 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 inay be used at the discretion of the City to conect
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 retuni of original plans. Any
unexpended amount will be returned to the DEVELOPER at the tiine all bonds are released
in accordance with paragraph 4 of this agreeinent.
7. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of
this AGREEMENT, a stonn drainage charge in coiuzection with the said Project in
accordance with the requirements established in Resolution 4422, March 21, 1977, in the
ainount as set forth herein at Page 2(Part E).
8. STREET LIGHT - ONE YEAR POWER COST
Page 5 of 11
It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of tlus
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 fui�ther agreed that the DEVELOPER shall deposit with CITY, prior to e�ecution of this
AGREEMENT, for office checking of final map aild field checking of street inonuinents, in
compliance with Section 4:1 of Ordina�lce No. 47 (Revised 12/04/61) of CITY, the amount
as set forth herein at Page 2(Pai�t G).
10. THE 1NSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by t11e
City Engineer, plant street trees in confonnance with the standards of the City of Cupertino.
Variety of tree shall be selected from the CITY approved list.
11. 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,
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
iinproveinent reiinbursement charge for the improveinents 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 foi-th herein at Page 2(Part I).
Payinents for both land and improveinents shall include simple interest in the amount of
seven percent per year, to be calculated in the following inaruler:
A. Land Cost. Interest to accrue from the date the street improvements are accepted by
the City to the date the street iinprovements reimburseinent charge is paid, or if the land is
purchased by the City for a City project, fiom the date of purchase to the date the charge is
paid.
B. Iinprovement 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 cominenced to the date the charge is paid.
Page 6 of 11
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. MAlNTENANCE OF WORK
It is further agreed that the DEVELOPER shall inaintain the Work until all deficiencies in
the Work are coi7 ected to confoi�n to the Plans and the City Standards and Specifications for
the Work. The DEVELOPER shall, upon written notice thereof, iminediately 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 worl�i7anship and/or
materials appearing in said Worlc.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with tlie 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 11
15. GOVERNMENT COSTS
It is further agreed that the DEVELOPER shall file with t�1e CITY, upon execution of this
AGREEMENT, substantial evidence that all provisions of Section 66493, Ai-ticle 8, Chapter
4 of the Govei-mnent 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 asly 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 andJor AT&T 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 coinpletion of the
Project shall be acquired Uy 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 inarlcet value of the land proposed to
be taken and, to be included in said sum, shall be a reasonable allowailce for severance
damages, if any. It is further provided that in addition thereto, such sums as may Ue required
for legal fees and costs, engineering, and other incidental costs in such reasonable ainounts
as the CITY may require, shall be deposited with the City of Cupertino.
18. HOLD HARMLESS
It is further agreed that, coinmencing with the perfonnance of the Worlc by the
DEVELOPER or his/her contractor and continuing until the conlpletion of the maintenance
of the Work, the DEVELOPER shall indemnify, hold hai-�zzless aild 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 perfonllance or nonperfonizance of the Work or the
negligence or willful inisconduct 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 talce out, or shall require any contractor
engaged to perfonn the Work to talce out, and inaintain at all times during the performance
and maintenance of the Worlc called for or required to be done hereunder, a policy of
Page 8 of 11
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 a11d 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 perfoi7ned by, for, or on behalf of said DEVELOPER. Both bodily injury and
property damage insuzance must be on an occui-rence basis; and said policy or policies shall
provide that the coverage afforded thereby shall Ue primary coverage to the full limit of
liability stated in the declarations, and if the CITY, its illembers 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 can-ier 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 miniinum
amounts: for general liability for bodily injury, personal injury and property dainage
$1,000,000 each occurrence, with an aggregate limit of not less than $2,000,000.
B. The DEVELOPER shall file witli the City Engineer at or prior to the tiine 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 iiotice thereof. The
CITY shall be shown as additionally insured on a separate "Additional Insured Owners,
Lessees or Contractors" (Foi-�n A) or (Fonn 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 inunicipality 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 inuiucipality and political subdivision.
D. DEVELOPER to use City supplied foi711s for proof of insurance and endorseinents 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 blacicline and twelve (12) prints of fully executed iinproveinent plans.
B. A scan in raster fonnat of all executed improvement plans.
Page 9 of 11
C. One (1) %2 size prints of fully executed plans.
The DEVELOPER agrees to pay the CITY froin the developinent maintenance deposit the
cost for all pi-ints of plans and maps. If costs exceed the amount deposited the
DEVELOPER is required to pay actual overage prior to return of original pla.ns.
Page 10 of 11
r'
1
21.
SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and
transferees of the DEVELOPERS. The assignment of this AGREEMENT_ shall not be made
without ap�roval by the City Council of the City of Cupertino.
IN WITATESS WHEREOF, CITY has caused its name to be ]�ereunto affixed by its Mayor
and City Clerk, thereunto duly authorized by resolution af the City Council and said
DEVELOPER has hereunto caused their name to be affixed the day and year first above
written. 1�Cr' !a. 1kac.w er,Q J'e 5 Ol V�-� o� hl,,,�.�-e+�- 13 - 02""7 �1a � S{o.( a�vc <xt,l,,�l -��Q a✓,
�gr��t i`�� �ot3� x„�+�r��c ►�►r�-�/-�.o�r�e�w►rw�hS �� ln�,cr �c�er�-� �v�.
�,�O�r� v��.P b y G��F-r Couwc.: 1 a��u h�G Al�i ro,�.�.Q et � a.ec'�r�/J-1-�,� G� y+� ,
����,,,�,.�,�,,,�.�. � ; r� �� � CITY OF CUPERTINO: � �
� �-,
Approved as to form:
Ci Attorney
Attach Notary acknowledgement
Page 11 of 11
_ � ��
t �°-�c� � �F °��bC��. t.�a� ��-�
�
City Clerk � ,r l" a°�'�
DEVELOPER:
. eW'✓.�y'/�� /^�/% �
�.�" (rl.rw .
Prakash Mnghnani
� c' �
r����y�--�--�
� ,'• `� I ..
Rekha Manghnani
CALIPORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califpr.�ia
County of �
on �`'/ ,� `' / �
Date
me,
�5:;.�',; PATRI(;Ife MIL1 ER
•' Cammission # 1907303
� . �� - Notary Public - Calitornia z
_ '� Santa Clara County �
My Comm. Ex ires Oct 8, 2014
CIVIL CODE § 1189
9 �� .�� �D
Here Ins rt Name and Title of t�e Officer
����%2�- �-1'�G
Nam ( pf Signer(s)
who proved to me on the basis of satisf ctory
evidence to be the person(s) whose name(s) �/are
subscribed to the within instrument and acknowledged
to me that h�si�a�/they executed the same in
h�(h�r/their authorized capacity(ies), and that by
his(h�r/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 nd correct.
WITNESS my a and�fficia seal. �
Signature: ���� ����'�-�
Place Notary Seal Above Signature of Notary Public
OPTIONAL
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 reattachmenf of this form to another document.
Description of Atiached-B cume�nt�� ��
Title or Type of Document: ,% �� %��i"� i���f�'C� G���.d�--��--
Document Date: o� "'�� r�Ci/ �j'� 1Vumber of Pages: �
Signer(s) her Than Named Above: _
Capacity(i ) Claimed by Signer(s)
Signer's Nam :
❑ Corporate O icE
❑ Individuaf
❑ Partner — ❑ Li
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Cor
❑ Other:
— Title(s):
Signer Is Representing
.
❑ General Top of thumb here
to r
Signer's Name:
❑ Corporate Officer Title(s):
❑ Individual
❑ Partner — ❑ Limited
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservatoi
❑ Other:
Signer Is Representing:
General
�O 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
RESOLUTION N0.13-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
'TO APPROVE STREAMLING OF THE CONSENT C1�LENDAR RATIFICATION
PROCESS
WHEREAS, the City's audit firm, Maze & Associates, proposed streamlining of
the Consent Calendar in 2010 and Council implemented several of these
recommendations in 2011; and
WHEREAS, this implementation of Council consent calendar items will save
Council and staff time and cost; and
WHEREAS, the Government Code and best practices have eliminated the
necessity of additional Council approval for iterns such as Bingo Permits, approval of
Improvement Agreements and Acceptance of Public Improvements installed by private
development projects;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves these actions to further streamline City's Council's Consent
Calendar.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of March, 2013 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
/s/Grace Schmidt
Members of the Cit� Council
Mahoney, Wong, Chang, Santoro, Sinks
None
None
None
APPROVED:
/s/Orrin Mahoney
Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino
��PERT�Nt�
A�r�l z�, �013
Re�ck�a Manglul�ix a�nd PralcasZl Mangluz�izi
1103 Leo Drive
Sa�� Jose, G.A 95129
RE: Revised Agi•eetnent — 22750 Stevens Creel� }3o��levard
Ciiy Hall
� 6:300 'Zb��rc Avenue
Cu�ertina, CA 95014-3255
(408) 777-3354
Ff1X (�08) 777�3333
1?U�3LIC WOItI�S DI�PARTMENT
Enclosed please find t]ie revised agt�eex�z�ez�t for your developinent project loctlled �t 22750 Stevc;ris
Cree�c I�oulevard xn Cupertino, The revisioii to the agreement is due ta a sire�:�nliiuiig etfbrt ir� the way
il�� Public Woil�s Dep�u-�nelit awards uzd accepis agreeza�.etzts. When tlle original a�;7•eemenC �was
sigi�eci, tl�e Ciiy Couz�cxX l�a.d t1�e autlaorization to award asld accept dcv�lopment pi•ajects. 'Tllis
�.ut:l�oz•i�atxoz� I�a.s now been transferred. to t17e :Directrar of Public Works.
The a�•eelne�7t has beea.� xevised to ze;�.eet tlais authoriz�tion by replaciiig "City Cou:ncil" �t�ith "Director
of Public Woxlcs" ox� l�ages �I, 5 and 11. Tabs h�.ve been i�zclucled an ihese pages to indicate l:}.�e ch�n�es
for �o�.ir reFerence. A new natalzzcd ciacu�nent is ��of zequized.
Please sign �nd e.ither deli�ver or m�.il tlie original ��greement ta the tollowing adclress:
C:ity of' Cuperlina
Depvirnent of 1'tirblie Works
Attn; Ry�tn Itoman
103 00 Torre Avez�ue
Cupertino, C�L 9501�
A return eizve�o�e l�as been i�lel�rded for your conveY1ie11ce, Please cantaci: the CL�pertino Public Warlcs
Dcpas�tmeni if you lsave ��ny questiotls regardii�g thzs Y•e�visial�.
Sincerely,
���_---
�"�
Ryan Rorn��
l�.�tx�i��zstz��il:ive Assistazlt
CC: Erwin �l�it�g