16-075 Installation Agreement, 10241 Santa Clara Avenue, APN 326-22-010, Isak AhmmedRECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre A venue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27283
23987046
Regina Alcomendras
Santa Clara County -Clerk-Recorder
07/20/2018 01:03 PM
Titles: 1
Fees: 10.00 Taxes: 0
Total : 0.00
Pages: 3
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF COMPLETION
CITY PROJECT NAME: 10241 Santa Clara Ave., Cupertino, CA 95014
APN 326-22-010
)W Original
D For Fast Endorsement
CUPERTINO
Recording Requested By:
When Recorded Mail To:
City of Cupertino
10300 Torre Ave .
Cupertino, CA 95014
SPACE ABOVE THIS LINE IS FOR RECORDER 'S USE
NOTICE OF COMPLETION
Civil Code§§ 8182 , 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT :
1. The undersigned is t he agent of the owner of the project described below .
2. Owner's full name is : City of Cupertino
3. Owner's address is : City Hall, 10300 Torre Avenue , Cupertino , CA 95014
4. Construction work o n the project performed on the owner's behalf is generally described as
follows : City Project Name: 10241 Santa Clara Ave., Cupertino , CA 95014
APN 326-22-010
5. The project was completed on : ____ July 2 , 2018 _____ _
6. The project is located at: _10241 Santa Clara Ave ., Cupertino, CA 95014 ______ _
Verification: In signing this document, I, the undersigned , declare under penalty of perjury under the laws
of the State of California that I ha v e read this notice , and I know and understand the contents of this
notice, and that the facts sta t ed in this notice are true and correct.
I\ I~ · Santa Clara Count .. ~---,....e:::;;t:::;~=.::t:; -c :=:=::?~~---
Da e and Place ~
Timm Borden
Director of Public Works and City Engineer
"NO FEE"
City of Cupertino
NOTICE OF COMPLETION is hereby given in order to comply with the provisions of
Section 27283 of the Government Code.
This is to certify that the Notice of Completion dated July 11, 2018 for
CITY PROJECT NAME: 10241 Santa Clara Ave., Cupertino, CA 95014
APN 326-22-010
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino
on July 11, 2018 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:
By:
July 13, 2018
Lczf+-----auren ;:::,apu ar
Senior Office Assistant
RECORDING REQUESTED BY:
City of Cupertino
WH EN RECORDED , MAIL TO :
City Clerk's Office
City of Cupertino
10300 Torre A venue
Cupertino , CA 95014-3255
DOCUMENT: 23288381
I I i I
I I i
REGIN A AL CO ME NDRA S
SANTA CLA RA CO UNTY RE CO RDER
Record e d at t he re que s t of
State Ag e ncy
Pa ge s : 20
Fees + No Fees
Ta xes .
Co pies
AMT PAI D
RDE fl 025
4/27 /20 16
10 : 16 AM
(SP ACE ABOVE THIS LINE FOR RECORD ER'S US E)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
INSTALLATION AGREEMENT
10241 Santa Clara Avenue, Cupertino, CA
APN: 326-22-010
M Original
D For Fast Endorsement
NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27283 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant
dated April 71h, 2016, from
10241 Santa Clara Avenue, Cupertino, CA 95014
to the City of Cupertino, a governmental agency, is hereby accepted by order of the
Public Works Director, ~nd the grantee consents to recordation thereof by its duly
authorized officer.
Dated:
By:
April 18, 2016
d31W, ~)"r--·
Lauren Sapudar
Senior Office Assistant
City of Cupertino
INSTALLATION AGREEMENT
(Cupertino Municipal Code Chapter 14.04)
10241 Santa Clara Avenue, Cupertino, CA
APN: 326-22-010
~fl !TALLATION AGREEMENT ("Agreement") is made and entered into this '91 day of
___ !Ir!'.:: ___ '-+1--~' 20-1:k, by and between the CITY OF CUPERTINO, a municipal corporation
of the State of California, ("CITY"), and lstak Ahmmed, a married man as his sole and separate
property ("DEVELOPER") for a single family residence located at 10241 Santa Clara Avenue,
Cupertino, CA.
RECITALS
1. DEVELOPER has presented to the Ci t y an application for a development entitlement
consisting of cu r b a nd gutter, si dewalk, driveway approach, curb ramp, AC pavement, utility pole
relocation and other related improvements (the "Development Entitlement") located at 10241
Santa Clara Avenue , Cupertino CA (the "Property").
2. Chapter 14.04 of the Cupertino Municipal Code ("CMC") requires, as a condition
precedent to the erection, construction, addition, alteration or repair of any building or structure
in certain designated areas of the City with unimproved streets and for which a building permit is
required by the City, installation of certain types of public improvements and/or dedication where
deemed necessary by the City Engineer.
3. In consideration of City's approval of the Development Entitlement and pursuant to the
requirements of CMC Chapter 14.04, Developer desires to enter into this Agreement promising to
install and complete, at Developer's sole expense, all public improvement work required by the
City for the proposed development.
4. Developer has prepared and City has approved plans and related specifications (the
"Improvement Plans") for construction, installation and completion of improvements. The
Improvement Plans titled Ahmed Residence -Grading and Drainage Plan prepared by WEC &
Associates, are hereby incorporated into this Agreement by reference .
NOW, THEREFORE, in consideration of the approval by City of the Developmen t
Entitlement, City and Developer agree as follows:
Page 1 of 11
1. DEVELOPER'S OBLIGATION TO INSTALL IMPROVEMENTS
a. Completion of Improvements. Developer, at its own expense, shall furnish, install, and
construct all improvements required by the City Engineer pursuant to Chapter 14.04 of the
Cupertino Municipal Code, or as amended, in a good and workmanlike manner and as shown on
the Improvement Plans as approved by the City Engineer of Cupertino and in accordance with
existing ordinances and resolutions of the CITY and other applicable laws. 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.
b. Compliance with applicable laws and rules . Developer shall complete the Work 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. 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. 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.
c. Repair and replacement of damaged public facilities . Developer shall, at its own expense,
repair or replace all public improvements, public utility facilit ies, surveying monuments and other
public facilities that are destroyed or damaged as a result of any work under this agreement .
Developer shall promptly notify the City Engineer of such damage and shall obtain the City
Engineer's approval of all repair and replacement of damaged facilities .
d. Developer's responsibility until City's acceptance . Until City accepts the Improvements,
Developer shall be responsible for the care and maintenance of such improvements and shall bear
all risks of loss or damage to the improvements. City shall not have any liability for any accident,
loss or damage to the Improvements prior to their completion and acceptance by City. City's
acceptance of the Improvements shall not constitute a waiver of any defects in the Improvements
or Developer's obligation to repair such defects as provided in section 9 of this Agreement.
2. TIME FOR INSTALLATION OF IMPROVEMENTS
a. Required time of completion . DEVELOPER shall install and complete the Improvements
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
Page 2of 11
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.
3. DEDICATION OF EASEMENTS OR RIGHTS OF WAY
The DEVELOPER offers to dedicate the real property shown on Exhibit "A" and "B", which is
attached hereto and made a part hereof by reference (the "Dedicated Property"). 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.
The Dedicated Property shall be free and clear of all liens or encumbrances except those which
the CITY agrees to waive in writing. Developer agrees not to revoke this offer of dedication,
and to keep said offer open until the CITY accepts offer. Upon execution of this Agreement,
Developer agrees to deliver a properly executed grant deed to the CITY of the real property
described in Exhibit "A" and "B", and such other executed conveyances, or instruments
necessary to convey clear title as herein required. The DEVELOPER shall provide, at the
DEVELOPER'S sole cost and expense, to the City at the time of acceptance of dedication and
recordation of deed, (1) a preliminary title report issued by a title insurance company relating
to the property offered for dedication, and (2) a standard policy of title insurance issued by a
title insurance company and insuring the CITY, showing that the Dedicated Property is free and
clear of all liens or encumbrances except any that the City expressly agreed to waive.
4. QUITCLAIM DEED
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 favor of CITY,
when presented to him/her for signature.
5. SECURITY
a. Required Security. Prior to execution of this Agreement, Developer shall provide the following
security to City in a form acceptable to the City:
(1) Faithful performance. Security for faithful performance in the amount set forth Part A
of Exhibit~ the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by
reference as Exhibit Q..
(2) Labor and Materials. Security for labor and materials in the amount set forth Part B of
Exhibit ~ the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by
reference as Exhibit E.
b. Form of Security. Developer shall provide as security, bonds executed by a surety company
authorized to transact a surety business in the State of California and approved by the City 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
Page 3of11
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.
In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with
the CITY (1) Cash; (2) A cashier's check, or a certified check payable to the order of the City of
Cupertino; or (3) A certificate of deposit, or instrument of credit acceptable to the City and
meeting the requirements of Government Code Section 66499 (b) or (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 may apply the proceeds of
said security thereto.
c. Release of Security. No release of surety bond, cash deposit, check or certificate of deposit shall
be made except upon approval of the Director of Public Works. Schedule for bond and insurance
release for paper bonds are as follows:
(1) Release of 90 percent of the faithful performance bond upon acceptance by the Director of
Public Works.
(2) 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.
(3) 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.
(4) 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.
6. PAYMENT OF REQUIRED FEES
a. Permits and licenses. Developer shall, at its sole expense, obtain all necessary permits and
licenses for the construction and installation of the Improvements, give all necessary notices, and
pay all fees required by City ordinance, including but not limited to the fees described in this
Agreement, and all taxes required by law.
b. Fees. Developer shall pay fees in the amounts set forth in Exhibit C, including but not limited to
the following, as required:
(1) Inspection Fees. 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 . 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.
Page 4of11
(2) Storm Drainage Fee. 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.
(3) Map Checking Fee. 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 No . 47 (Revised 12/04/61) of CITY.
(4) Park Fee. 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. Park fees are calculated 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.
(5) Reimbursement Fee. DEVELOPER shall deposit with the CITY, prior to execution of this
AGREEMENT, a reimbursement fee for any 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. 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:
(i) Land Cost. Interest to accrue from the date the street improvements 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.
(ii) 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 .
(iii} 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.
7. DEVELOPMENT MAINTENANCE DEPOSIT
DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth in
Exhibit C as a development maintenance deposit. City may use the deposit at its discretion to
correct deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise
during or after the construction of the development, and to obtain copies of approved plans for
the CITY's files. If the costs exceed the amount deposited, DEVELOPER shall 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 5 of this agreement.
Page 5of11
8. STREET TREE INSTALLATION
DEVELOPER shall fund the City for purchase and planting of street trees as deemed appropriate by
the City Engineer; or shall, at the discretion and at such time as deemed appropriate by the City
Engineer, plant street trees in conformance with the standards of the City of Cupertino. The
variety, number and location of trees are subject to City's prior approval.
9. MAINTENANCE AND WARRANTY
a. Developer guarantees and warrants the Improvements and agrees to remedy any defects,
damages, or imperfections in the Improvements arising from faulty or defective materials or
construction of the Improvements for a period of one year after City's acceptance of the
Improvements.
b. If, within the warranty period, the Improvements or any part of the Improvements fail to fulfill
any of the requirements of this Agreement or the Improvement plans and specifications,
Developer shall repair, replace or reconstruct any defective or otherwise unsatisfactory parts of
the Improvements without delay and at no cost to City. If (a) Developer fails to commence repairs
within thirty (30) days of the date of mailed written notice from City, or (b) City determines that
public safety requires repair before Developer can be notified, City may, at its sole option, perform
the required repair itself. Developer agrees to pay the cost of any repairs City performs pursuant
to this agreement and City may, at its option, recover that cost as a lien against Developer's
property.
10. SANITARY DISTRICT
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.
11. GOVERNMENT COSTS
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.
12. UTILITIES
DEVELOPER shall pay to Pacific Gas and Electric Company, AT&T, and/or appropriate utility
companies, 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
Page 6of11
provided in Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer,
Pacific Gas and Electric Company, AT&T, or appropriate utility companies that said fees are due
and payable.
13. EASEMENTS AND RIGHT-OF-WAY
Developer shall acquire any easement and right-of-way necessary for completion of the Project at
its own cost and expense. However, that in the event eminent domain proceedings are required,
the CITY for the purpose of securing said easement and right-of-way, 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 .
14. HOLD HARMLESS AND INDEMNIFICATION
DEVELOPER shall indemnify and hold harmless CITY, its officers, agents and employees from and
against any or all claims, loss, cost, expense, damage or liability, resulting or in any way arising out
of Developer's performance or nonperformance of his/her duties under this Agreement, or from
negligent acts or omissions or willful misconduct of Developer's agents, employees and
contractors, or subcontractors. Developer shall, at his/her own cost and expense, defend any and
all actions, suits or legal proceedings that may be brought against the City, it officers, agents and
employees resulting from or arising out of Developer's performance or nonperformance of his/her
duties and obligations under this agreement, 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.
15. INSURANCE
DEVELOPER shall maintain in full force and effect at all times during the term of this Agreement, 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 additional 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 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 called upon to cover a loss under said
additional policy.
Page 7of11
The insurance carrier shall be licensed to do business in the state of California and 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. 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.
DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT
by the DEVELOPER evidence of insurance coverage satisfactory to the City. Each policy or policies
shall bear an endorsement precluding the cancellation or reduction in coverage without giving the
City Engineer at least thirty (30) days advance notice thereof.
In the event that the Improvements are situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the required insurance shall also
name the other jurisdiction(s) as additional insured.
16. MAPS AND/OR IMPROVEMENT PLANS
Developer shall provide CITY with the following maps and/or plans at the DEVELOPER'S expense:
A. A mylar blackline and three (3) prints of fully executed parcel map.
B. A mylar blackline and three (3) prints of fully executed improvement plans.
C. A scan in raster format of all executed improvement plans and map.
D. One (1) Yi 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.
17. SUCCESSORS AND ASSIGNS-COVENANT RUNNING WITH THE LAND
This Agreement shall inure to the benefit of, and be binding upon the heirs, administrators,
successors, assigns and transferees of the Parties, and shall be recorded in the Office of the County
Recorder and constitute a covenant running with the land. Upon any sale or division of the
Property, the terms, covenants, conditions and restrictions of this agreement shall apply to each
parcel, and the owner or owners of each parcel shall succeed to the obligations imposed upon
developer by this Agreement.
18. FAILURE TO PERFORM
In the event developer fails to perform one or more of the covenants and conditions of this
agreement, City at its option shall have recourse to the security given to guarantee the
Page 8of11
performance of such acts. City may, at its option, do or cause to be done, the acts required of
Developer and shall have recourse against as much of the security is necessary to discharge
Developer's responsibility. City shall also have recourse against developer for any and all amounts
necessary to complete the obligations of developer in the event that the security is insufficient to
pay such amounts . All administrative costs, including reasonable attorney's fees incurred by City in
addition to the costs of the improvements shall be proper charges against the security and
Developer.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be given in
writing and conclusively shall be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States Mail, postage prepaid, registered or
certified, addressed as hereinafter
provided .
All notices, demands, requests, or approvals from Developer to City shall be addressed to City at :
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Public Works Director
All notices, demands, requests, or approvals from City to Consultant shall be addressed to
Consultant at:
WEC & Associates
2625 Middlefield Road, #658
Palo Alto, CA 94306
Attention: Ed Wu
20. GOVERNING LAW AND ATTORNEY FEES
This Agreement shall be interpreted under, and enforced by the laws of the State of California
excepting any choice of law rules which may direct the application of laws of another jurisdiction.
The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and
regulations of the authorities having jurisdiction over this Agreement (or the successors of those
authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Santa Clara, State of California.
If City sues to compel Developer's performance of this Agreement, or to recover damages or costs
incurred in completing or maintaining the work on the Improvements, Developer agrees to pay all
attorney's fees and other costs and expenses of l itigating incurred by t he City, even if Developer
subsequently resumes and completes the work.
Page 9of 11
21. RELATIONSHIP OF PARTIES
Neither Developer nor any of its contractors, employees or agents shall be deemed to be agents of
the City in connection with the Performance of Developer's obligations under this agreement.
22. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by
a court of competent jurisdiction, the remainder of the agreement shall remain in full force and
effect .
23. INTEGRATED AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions hereof. Any modification of this Agreement will be effective only by
written execution signed by both City and Developer. All unchecked boxes do not apply to this
Agreement.
IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their respective,
duly authorized officers on the date listed above.
~A orney
Attach Notary acknowledgement
Exhibits :
Exhibits A & B-Dedicated Property
Exhibit C -Schedule of Bonds, Fees and Deposits
Exhibit D -Faithful Performance Bonds
Exhibit E -Labor and Materials Bonds
Page 10of11
CITY OF CUPERTINO:
Timm Borden, P.E.
Director of Public Works
DEVELOPER:
·tc,(-r~ }4' w,,J
lstak Ahmmed
EXHIBIT "A "
LEGAL DESCRIPTION
FOR STREET DEDICATION PURPOSE
Portion of Lot 30 , 31 and 32 , as shown upon that certain Map entitled "Map of
Monte 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 at Page 23 , more particularly described as follows:
Beginning at a point on the southwesterly line of Santa Clara Avenue as shown
on Said map, said point being on the dividing line of Lot 29 and 30; Running
thence along said southwesterly line of Santa Clara Avenue , North 20 °19'00"
West, 64. 78'; thence along a curve to the left, tangent to said southwesterly line
of Santa Clara Avenue, through a central angle of 69 °51 '00", a radius of 15 .00
feet, and an arc length of 18 .29 feet to a point on the southerly line of University
Way as shown on Said map; thence along said southerly line of University Way,
South 89 °50'00" West , 5.33'; thence along a curve to the right , through a central
angle of 69 °51 '00", a radius of 15.00 feet, and an arc length of 18.29 feet to a
point with a perpendicular distance to Said southwesterly line of Santa Clara
Avenue being 5.00 feet; thence parallel to Said southwesterly line of Santa Clara
Avenue , South 20 °19'00" East, 66 .62' to a point on the dividing line of Lot 29 and
Lot 30, thence along said dividing line of Lot 29 and Lot 30 , North 69 °41 '00" East,
5.00 feet to the POINT OF BEGINNING .
Containing an area of 380.9 square feet , more or less.
The land described hereon is shown on the attached plat, Exhibit "B", and is by
reference, made a part thereof.
End of description .
Date
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: J :,,.--N .20·1 ~·oo"w. 66 .6 ~' / ______ __r---,--\W~,$~$~ ~ I
P.o .B/'-N.20·19'oo"w. 64.78' ~1 j J-6 =69 •51 •00 ,,
~ ~ 5' RIGHT OF WAY DEDICATION ;' R= 15.00'
AREA = 380.9 SF± L=18.29'
---------------------------------'~ ~ SANTA CLARA A VENUE / ~ ;& r------,---1 ----""\ l f
LEGEND:
P.O .B. POINT OF BEGINNING
- - - -PROPERTY LINE
-- --PROPERTY LINE (P-M-23)
- - -CENTER LINE
- - -EASEMENT LINE
\ I
BASIS OF BEARINGS :
SCALE: 1 "=30'
MARCH 24, 2014
THE BEARING, N20 '19'00''W, OF THE CENTER LINE OF
SANTA CLARA AVENUE, AS SHOWN ON THAT CERTAIN
MAP FILED IN THE OFFICE OF THE RECORDER OF
SANTA CLARA COUNTY, STATE OF CALIFORNIA, IN BOOK
P OF MAPS AT PAGE 23, WAS USED AS THE BASIS
OF BEARINGS SHOW N ON THIS MAP.
I
EXHIBIT "B"
10241 SANTA CLARA A VE
CUPERTINO, CA
WEC 2625 MIDDLEFIELD RD #658 TEL: (650) 823-6466
& ASSOCIATES PALO ALTO, CA 94306 FAX: (650) 887-1294
Exhibit C
SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
110-2211 $50,000.00
PART B. Labor and Material Bond :
110-2211 $50,000.00
PART C. Checking and Inspection Fee:
110-4538 $2,788.00
PART D. Development Maintenance Deposit:
110-2211 $1,000.00
PART E. Storm Drainage Fee -Basin 3:
215-4073 $945.00
PART F. Street Light -One-Year Power Cost:
110-4537 $0.00
PART G. Map Checking Fee:
110-4539 $0.00
PART H. Park Fee -Zone Ill:
280-4083 $0.00
PART I. Street Tree: $348.00
Page 11 of 11
I <
CUP . NO
Annual Premium S 1,500 .00
BOND No . 717 6 8523
FAITHFUL PERFORMANCE AND COMPLETION UvtPROVE'MENT BOND
KNOW ALL MEN BY TIIESE PRESENTS:
That we, Istak Ahmrned
as Principal and WESTERN SURETY COMPANY
as Surety arc held and firmly · bound unto the City of Cupertino, State of California. in the sum of
Fifty Thousand and no/100 Dollars ($ 50 ,000.00 ) we bind
ourselves, our heirs, executors, successors, and assigns, jointly and severally, firmly by these presents.
TIIE CONDIDON of the foregoing obligation is such that,
·.; .. ~ ..
WHEREAS, said Principal will perfonn all necessary improvements relative to
_Ablnmed Res idence
located 10241 Santa Clara Av e., Cupertino , CA 95014
plans prepared by WEC & Associat es
in accordance with the approved improvement
• Civil Engineer on file in the Engineer's
Office, City of Cupertino, and incorporated herein by reference.
WHEREAS, improvements shall be completed within one (1) year from the date of acceptance of this bond
by the City Council. ·
WHE RE AS, improvements shall be maintained for a period of at least one (1) year after acccpt.ance of
construction by the City. This bond shall be in full furce and effect through the period of maintenance as provided in
said contract The maintenance period shall continue until such time that all deficiencies of construction an: corrected
to the satisfaction of the City Engineer's Office.
WHE REAS, Principal and Surety shall be responsible for any and all damages arising under the originaJ
contract
NO W TIIBREFORE, if the said Principal shall well and truly do and perfonn all the covenants and
obligations us sc i forth above, on its part to be done and performed at the time and in the manner specified therein,
then this obli ga tion shall be null and void, othcrwi5e, this bond shall remain in full force md effect.
Jn witness whereof, this instrument bas been duly executed by the Principal and Surety this 30th
Ma rch , 20 JL.
(fo be sign ed by Principal and Sure,ty ..
Notuy Acknov,1le dgements required.) Principal
WE ST ERN SURETY CO:tv1P ANY
Surety
By. A~-1.!A ~
The above baud is accepted and approved this ___ day of _____ -" 20 __ •
214/00
day of
BOND No . 71768523
I £x~1 b ~t -E
CUPERJINO
LABOR AND MATERIAL BOND FOR SUBDIVISION IMPROVEMENTS
Recitals
1. The City of Cupertino, California, and Istak Alunmed .
(hereinafter referred to as "Principal", have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements .. dated October 9 , 20-1..3_, and·
identified as project/tract no. * is incorporated by this reference as if set forth in full; and,
* Ahmmed Residence
2. Pursuant to the agreement, Principal is required, before commencing performance of the
work, to file a good and sufficient payment bond with the City of Cupertino to secure any claims
brought under Title 15, Division 3, Part4 of the Civil Code (commencing with Section 3082).
NOW THEREFORE, the Principal and the undersigned aa corporate surety (hereinafter
referred to as "Surety") their heirs, successors, assigns, executors and administrators, jointly and
severally are held bound unto the City of Cupertino and all contractors1 subcontractors, laborers,
materialmen and other persons employed in th~ performance of the agreement and referred in the
aforementioned Civil Code in the swn of Fifty Thousand and no /100
~---~~~~~~~~~~~~~~~~~~
dollars($ 50,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, that the surety will pay the same
in an amount not exceeding the amount hereinabove set fo~ and also in case suit is brought upon this
bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City of Cupertino in successfully enforc_ing such
obligation, to be awarded and fixed by the court. and to be taxed as costs and to be included in the
judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and
all persons, companies and corporations entitled to file cla.im3 under Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and
void, othenvise, it shall be .and remain ·in full force and effect.
The surety hereby stipulated and agrees that no change, extension of time, alteration or addition
to the terms of said agreement or the specifications accompanying the same shall, in any manner. affect
its obligations on this bond, and it does hereby waive notice of any such change. extension, alteration
or addition.
2/4/00
• ..... !.; •• : .-·:. ··.~.:"':" •• . "
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
this 30th day of March 20~.
(To be signed by Principal and Surety. ·
NoUlry Acknowledgements required.) Principal
By: _ _,.. ___________ _
WESTERN SURETY CO:tvlPAl'ff .
Surety
' ~-,~a By:~·~~V
ATTORNEY IN FACT
The above bond is hereby accepted and approved this ___ day of _____ -7 20 __ .
CITY OF CUPERTINO
214100
.. · .. :. '.-:. ....... · .......... .
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other office r completing this certificate verifie s only the identity of the individual who signed the docume n t to
which this certifica te is a tta ched , a nd not the truthfulness. accuracy. o r validity of tha t docume nt.
State of California
County of .....:"S-s....Q ...... ~.a.:=-=..:::..." --"'~=-=:::...::....::,=P...~
before me,---~-=-~--;.-""~'----(-'~-~'---------------' Notary Public , I\) (Here in se rt ~e of th e officer)
personally appeared __ Iw-4t__±~~~----1MW,,J'.'VY\n:J'.1~~:!\__..:=::==================~---
who proved to me on the basis of satisfactory evidence to be the person~ whose namefsj is/¢ subscribed to
the within instrument and acknowledged to me that he/stre/~ executed the same in his;pe{~ir authorized
capacity(~, and that by his~/.t}(eir signature~ on the instrument the person({!. or the entity upon behalf of
which the personµ5 acted , executed the instrument.
I certify under PENALTY OF PERWRY under the laws of the State of California that the foregoing paragraph
is true and correct. II -.... ~.-u· .. S~GAM,~~~0 J ·11
li: , COMM.# 1991834 2
j:! . NOTARY PUBL IC • CA LIFORNI A J
~y~a] (N oWy So fil } IL "" "',',°""~~i'"~'I
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE A TT ACHED DOCUMENT
(T itl e or de scription o f att ac hed docum ent)
(T itl e or des cripti on of attached doc um ent co ntinued)
Number of Pages __ Document Date ____ _
(A dditi o nal info rmati on)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
(T itl e)
D Partner(s)
D Attorney -in-Fact
D Trustee(s)
D Other ___________ _
INSTRUCTIONS FOR COMPLETING THJS FORM
Any ackn owledgme nt completed in Ca lifornia mu st contain ve rbiage exactly as
app ears ab ove in th e nota ry section or a separate ackn ow ledgment fo rm mu st be
properly completed and attac hed to that docum ent. The only exception is if a
docum ent is to be rec orded outside of California. In su ch instan ces , any alt ern ati ve
ackn owledgment verbiage as may be p rinted on such a do cument so lo ng as th e
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co mmi ssi on followed by a comm a and th en yo ur title (notary public).
• Print the name (s) of document si gner(s) who personall y app ear at th e tim e of
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lle/s he/tlwy;-is /are ) or circling th e corr ect form s. Failure to corre ctl y indi cate thi s
in fo rm ati on may le ad to rejection of document recording.
• The no tary seal impress ion must be cl ear an d photographical ly re pro du cibl e.
Impress ion mu st not cov er text or lin es . If seal impress ion smud ges , re-seal if a
suffic ient area permits, oth erwi se complete a di ffe rent ackn o wl edgment fo rm .
• S ig nature of th e notary publi c mu st match th e signature on file with th e office of
th e co unty clerk.
•:• Additional info rmati o n is not required but could help to ens ure thi s
ackn owledgment is no t mi s use d or attached to a di ffere nt doc um ent.
•:• Ind icate title or ty pe o f att ac hed document , number of pages and date .
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CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing t his certificate verifi es o nly the identity of the individ u al wh o signed the document to
which this certifica t e is attach e d , and n o t the truthfulness, accuracy, o r val idity of that document.
State of California
County of ,)otnm C\tttl\
before me, ___ (~J)~\~ltll\J~'-'--1-~lQ;~ftr~Y'-~V~------' Notary Public,
(Here in sert name and title of th e officer)
personally appeared-----_.,..._._~) ~' rn-'-+-'-m~~B~t~rzle~~;~t1~-------------
who proved to me on the basis of satisfactory evidence to be the ~(s) whose' ~D;DS/are subscribed to
the within instrument and acknowledged to me tha lM/she/they executed the same in (fu§!her/their authorized
~es), and that by @/her/their ~(s) on the instrument th ~(s), or the entity upon behalf of
which the~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.
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE A TT ACHED DOCUMENT
(T itl e or descripti on of attached docwnent cont inu ed)
Number of Pages rJ__ Document D ate 1/ 1 / { {?i
(A dditional informatio n)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
(Title)
D Partner(s)
D Attorney-in-Fact
D Trustee(s)
D Other ___________ _
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly comp leted and al/ached to tha t document. Th e only exception is if a
docum ent is to be recorded outside of California. In such instances, any alterna tive
acknowledgment verb iage as may be printed on such a document so long as th e
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mu st a lso be th e same date the acknowledgmen t is co mpleted.
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conunission followed by a comma and then your title (notary public).
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notari za tion .
• Indi cate the correct singular or plural fonns by crossing off incorrect fonns (i.e.
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Impress ion mu st not cover tex t or lin es. If seal impression smudges, re-sea l if a
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•!• Indi cate title or type of attached doc um ent, number of pages and date .
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