80-024 Michael Glasson and B & C Construction, Improvement AgreementA G R E E' ME:; T ---------
This AGREEMENT made and encered into this 12th day of
____________ M_a_r_c_h _____ , 19~, by and be~~een the CITY OF CLTERTINO, a municipal
corporacion of the State of Cali=ornia, hereinafter designated as CITY, and
C. Michael Glasson and B & C Construction
hereinafter designated as Developer.
W I r N E SSE T H ----------
IffiEREAS, the Developer has made application to the CITY for a
PARCEL HAP
and is securing a building permit from CITY to construc_ and maincain a
SINGLE FAHILY RESIDENCE ~~~-------------------
hereinaftar r~ferred to as "Project .. n
WHEREAS, CITY hereoy approves the ~provement plans and specifications
prepared for the Project by ______ ~N~O~W~A~CK~~&~AS~S~O~C~I=A~TE~S~ ____________________ __
a true copy of said 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
improve..'Ilent plans and specifications shall be hereinafter called "the Plans, It
and the "ork to be done under the plans shall be called "the Work."
WHEREAS, pursuant to the provisions of this AGREEME~IT, the CITY hereby
establishes the amounts of Bond, Fees, and Deposit as set forth in the follo~ng
schedule;
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2A3.'!' 3. '. ~a!lot' and ,~Eat'i3.l :land:
, ,
··l?AaT,. C.' Ole<::}d:!g 'and. ·rllSpe<::t:ioQ. ree:
• '.," '. , '., 1".,
! '
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l?_~~'!' _. Development: ~incenance Deposic:
PAil:! ';. Scor:n !ll:aillaga :ee:
PA.1.T G. One !Olar :o,..,,,r Case:
l?A3.'!' a: tree Fees: BY DEVELOPER
, ,
PART K. Watar Main Reimbursement
Storm Drain Reimbursement
Stair Improvement Reimbursement
Future Road Improvements -McClellan Road
as follo~s, IO-WI!:
1. JED I C.U!ON -Nt A
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58,000.00
S __ ~5~8~!0~0~0~.~0~0 ................ __
" 1
$ '2,900.00 ----~----------~
$ ____ ~4~3~5~.0~0~ ______ __
$ 1,500.00
----~-------------
$ _____ 2~,3~3~S~.~0~0 __________ _
S 72.00 ........................................ -
S BY DEVELOPER
.... ------------------
50.00
$ 2.160.00
.-
$ 1 1972.00
3,370,00,
1,500.00
2,100.00
2A. INS~~LLATION OF WORK
It is further agreed that:
(a) the Developer shall install and complete the Work vithin one (1)
year from the date of a~ecution of this AGREEMENT, or s~ch longer period as may
be specifically authorized in writing by the City Engineer; In 'the event the
Developer fails or refuses to Co'!'pltHe the work .:ithin the specified' period' of
ti1ne, the CITY, at its .sole option, shall be authorized to complete the Work in': , ,
; .:hatever manner the CITY shall decide. In the event the ,CITY coople,tes .the :\vork,
the CITY may recover any and all,costs incurred thereby from the Developer or the
,Developer's surety or both.
(b) The Developer shall install and complete the work in a good and
workmanlike manner in accordance .:ith the plans as approved by the City ~ngineer
of Cupertino. The Work'shall be done in accordance vith a~isting ordi~ances and
resolutions of the City of Cupertino, and in accordance with all plans, specifi-
cations, standards, sizes, lines and grades approved by the City ~gineer. The
Work shall be done in accordance w~th all State and County Statutes applicable
thereto. the decision of the City Engineer shall be final as to whether any
material or workmanship meets the standards, specifications, plans, sizes, lines
and grades as set forth.
(c) It is further agreed that the Work shall be done in accordance with
the Standard Specifications of the Depart~ent of Public Works, Division of Eigh-
ways, State of California, dated January, 1973 and in accordance with the speci-
fications of the Cupertino Sanitary District where applicabie.
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wneraver the 'Words HStat:e" or "Division of Highwaysft are mentioned in the
• Stat~ Specifications, it shall be considered as referring to the City of Cupertino;
also wherever the "Director" or "Director of Public I,orks" is mentioned, it shall
be considered as referring to the City Engineer.
In case of conflict be~Jeen the State Specifications and the specifications
of the City of Cupertino and/or the Cupertino Sanitary District, the specifications
of the City of Cupertino and/or the Cupertino Sanitary District shall take prece-
dence over and be used in lieu of such conflicting portions.
2B. WATER MAIN REnmURSEMENT & STAIR IHPROVEHENT REDmURSEl'1ENT
These monies are to repay the City for the improvement the City
constructed and funded.
2C. STOR'! DRAIN REnffiURSE}1ENT
This reimbursement is due the developer for the installation of
City Haster Storm Lines. Said monies are to be paid to the developer
upon completion of the ,",ork involved.
2D. FUTURE ROAD IHP ROVENEl'<TS
This money is due from the developer for the City's improvement
of McClellan Road along the westerly boundary of the development. Said
amount shall be the final amount due.
3. EXCAVATION P'E!t'lIT
It is further agreed that the Developer shall comply with Section Three of
Ordinance No. 130 of the City of Cupertino by obtaining an excavat<ion per:nit f=om
the City Engineer before the commencement of any ~~cavation in, on, or under "he
surtace of any ~xisting public street, lane, alley, Sidewalk, or other' public place.
It is fur"her agreed that the Developer shall notify the City Engineer of the ~~ac:
date and time when the proposed excavation is to co~ence.
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4 ,)UITCL'l.I:-r ::lEE:) .
I t is fur :her agreed t..lu!t: !)eveloper J :.h.en reques tad by t::t.e CI7"!, shall
cruitclam all his .rights and inCeresr:s in, and shall grant :::0 CI:L! auc.:wrization . .
to ext::-act '"ater from the underground strata lying beneat..1-t said project and
Developer agrees to execute a "Quitclai:w. Deed and Aut:horiza tion" in favor of
CITY, when presented to him for signature.
5. BONDS AiID OTHER SECURITY
(a) Upon the execution of ,this AGREE:'!ENT, the Develope!: shall file ,.ith
the CITY a faithful perforillance bond to assure his full and faithful perfo~ance
of this AGRE~E~T. The penal sum of said faithful perfo~nce bond shall be :he
full cos t of any ;>ayment to be made unde!: this .-\.GllF101ENT,. the value of any land
agreed to be dedicated, and any improvements to be ~ade under this AG:~~ENT. In
the event that improvements are to be made under this AGREE:!ENT, the :Je':eloper
shall, in addition to said faithful perforolance, file 'nth the CllY a labor and
~terials bond in a penal sum adequate to assure full payment of all labor and
materials required to construct said i:w.provements. The amount of said bonds shall
b.e as designated by the City Engineer. Said bonds shall be executed by a surety
company aut..~orized to transact a surety business in the State of California and
must be approved by. the City Attorney as to form and' by the Cit'! 2:ngineer as to
sufficiency. In the event that the Developer shall fail faithfully to perfor.n the
covenants and conditions of this AGRE21~T, or to ~ke any payment, or any dedica-
tion of land, or any improvements herein required, the CITY shall call on the
surety to ;>erfonn this AGtl.EE!!1ENT or other1~ise inde!!lnify the CIT': for the Developer's
failure to do 50.
(b) In lieu of a surety bond, the Developer may elect to secure this
AGREE:·I2'T by depositing ~.ith the CITY:
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'. (1) Cash; or,
(2) A cashier'a check, or a cercified check, payable :0 che oreer
of the CITY; or,
(3) A certificate of deposit, or instrument of credit meecing the
requirem.ents of Government Code Section 66499" (b) or (c).
(c) The amount of said cash, chec.l(s, certificate of deposit, or instru-
ment of credit shall be as designated by the City Engineer, and shall be the equiv-
alent to that which would have been required had t.'1e Developer furnished the CITY
with a surety bond. In the event that t:..'le Developer shall fail faithfully to
perform the covenants and conditions of this AGRE~~, or to make any payment, or
any dedication of land, or any improvements therein required, the CITY may apply
the proceeds of said security thereto.
(d) No release of surety bond, cash deposit, c.'ec.~, or certificate of
deposit, shall qe made except upon approval of the City Council.
(e) No interest shall be paid on any security deposited with the CITY.
6. CHECI{!I~G A.'lD INSPECTION FEE'
It is further agreed that 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 AGREEMEr.~. the amount as set forth herein at Page 2 (Part C). Should con-
struction cost vary materially from the estimate from whith said sum is calCUlated,
the City Engineer shall notify Developer of any additional sum due and owing as a
result t:.."ereof.,
7 • I)lDlRECT EX?ENSES
It is further agreed that Developer shall pay to CITY I prior co execution
of this AGREEMEYT, indirect expense allocable to processing these i~provements,
the am.ount as set fort:..; herein at Page 2 (Part D).
7 A. cL'..P FlLI)lG FEE
It is further agreed thae ~he Developer shall cieposit wieh CITY, prior
to a"(acucion of c~is AGREE:·IE~T, for office c....~ec<ing of finQ.l ;:nap and field c-,ecking
(1evised 12/4/61) of cr7Y. :~e amount as sec for:h herein at Page 2
(Par':: I).
It is furt~er agreed ~hat the Developer shall pay to the CITY,
prior to execution of this AGREEME~T. ~he amount set forth herein at Page 2
(Part E) as a development ~intenance deposit to insure proper dust control
and cleaning during the construction period. The development ~intenance
deposit may be· utilized for repairs of defects and i~perfections arising out
of or due to faulty workmanshi~ and/or materials appearing in said work
during the period until release of the improvement bonds by the CITY. Should
the Developer complete the required repairs to the entire satisfaction of
the CITY, the unused balance will be returned after the release of the
9.A. STORM DRAI~AGE FEE
It is further agreed t!:.at ,the Developer shall deposit: ",'"ith' ;:he
CITY, prior to execution of this AGREEMENT, a stor.n drainage charge in
connection witn said project in accordance with the requirements established
in Resolution 4422, March 21, 1977 in the amount as set rorth herein at Page 2,
(Part F).
9. B. WATER MAIN E.1:TENSION DEPOSIT
The Developer rurther agrees to,deposit with the City those monies
required to comply with "Policy on Water Main Extensions Work and Deposits"
dated 9/30/77. The deposit shall be held by the City unt~l said monies are
~~eded to imp lament improvements outlined by the Director of Public works or
ii!lp!"ovemen ts outlined wi thin an edopted lvater ~!aster Plan.
T.~e amount shown herein at Park K, Page 2, shall be the full amount dce.
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10. ONE YEAR POWER COST
It is further agreed thae ehe Developer shall pay to CITY prior
to execution of this AGREEMENT, the amoune as set forth herein at Page 2
(Part G), which amount represents the power cost for street lights for one
year.
11. FEES FOR THE INSTALLATION OF STREET TREES
It is further agreed that the CITY shall, at such time as deemed
appropriate by the City Engineer, plant and maintain street trees in con-
formance with the standards of the City of Cupertino. As payment for said
installation and maintenance by the CITY, the Developer shall pay to the'
CITY, prior to the execution of this AGREEMENT, the amount as set forth
herein at Page 2 (Part H), which amount represents the fees for installation
and maintenance of said street trees, having been calculated at the unit
price of $15.00 per tree.
12. PARK FEES
It is further agreed that the Developer shall pay such fees andl
or dedicate such land to the City, prior to execution, as is required within
"Park Dedication Ordinance" NllIllber 602, 1972 and which is further stipulated
under Part J., Page 2 here~n.
13. MAINTENANCE OF THE WORK
It is further agreed that the Developer shall maintain the l,rork,
until all deficiencies in the (,rork are corrected to contoeID to the Plans
and the CITY s tandaeds and specifications for the I-Iork. The Develope!" shall,
upon written notice theeeof, i~~ediately repair oe replace, without cost
or obligation to the City of Cupertino, and to the entire satisfaction of
said CITY, all defects and imperfeccions arising out of or due to ~aulty
workmanship andlor materials appearing in said ;-Iork..
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14. S&~ITARY DISTRICT
It is further agreed that the Developer shall file with CITY,
upon execution of this agreement, a letter from the Cupertino Sanitary
District stating that the Developer has entered into a separate AGREEM~~T
with the said District to install sanitary sewers to serve all lots,within
said Proj~ct and stating that a bond to insure full and faithful performance ---'
of the constructions of the said sanitary sewers and to insure maintenance
of said sanitary sewer in conformance with the provisions as set forth in
Paragraph 13 above has been filed.
15. GOVERNMENT CODE
It is further agreed that Developer shall file with 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. C~~TRAL FIRE DISTRICT
It is further agreed that the Developer shall file w~th the
CITY, upon execution of this AGREEMENT, a letter from the Central Fire
Protection District of Santa Clara County, stating that the Developer
has entered into an AGREEMENT with said District to install fire hydrants
to serve said Project and stating that all necessary fees have been deposited ,~
with said District to insure installation and five (5) year rental fee of
said hydrants.
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, 17. STREET L!GBTI~G
It is further agreed char the Developer shall apply for the ins~allaciou
of electric power for ~treet lighting at the earliest data pOSSible.
18. P.G.& E. A.~ P.T.& T.
It is further agreed that the Developer shall pay to Pacific Gas and
Electric Company and/or to Pacific Telephone and Telegraph Company any and all
fees reouired for ins talla tion of overhead and/or underground wiring circui ts, to
all electroliers within said proper~j and any and all fees required for under-
grounding as provided in Ordinance No. 331 of CITY when Developer is notified
by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific
Telephone and Telegraph Company that said fees are due and payable.
19. EASEME!ITS AND RIGRT-OF-I';AY
It is further agreed that any easement and right-oE-way necessary for
completion of the Project shall be acquired by the Developer at his own cost and
expense. It is provided, however, that in the event eminent domain proceedings
are required by the CITY for the purpose of securing said easement and right-of-way,
that the Developer shall deposit with C1TY 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 le~al fe~s and costs,
engineering, and other incidental costs in such reasonable smounts as the CITY may
require shall be deposited with CITY.
20. HOLD F.AR.'1LESS
It is further agreed that, commencing wit~ the perio~ance of the Work
by the Developer or his contractor and continuing until the conpletion of the
maintenance of the Work, the Developer shall indemnify, hold ha=less and ciat end ,
the CITY from and against any or all loss, cost,! expense, damage or liabili~j,
I or claim thereof, occasioned "oy or 1:1 any way "h'atsoever arising out of the ?er:::or-
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::1aiice or nonper£ol:"::ance of t..':e ~·:ork. or the :1e'51iJ~e!lca vr ~.;ill£ul r.1isconduc: of
i the Developer or the Develcperfs agents, ~Dlovees and i~de?endent cont~actor5~ • . I
21. D1SU?~'\J.'!CE
It is further agraed that: The Developer shall take out, or $hal~ requi=a
any contractor engaged to perform the Hark to take out, and maintain at all times
during the perfo=nce and maintenance of the ~.jork 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, indiv~dually and collectively, and the officers,
agents, and employees of ~,e CIT! individually and collectively, as insured. Said
se?arate policy shall provide bodily injury and progerty damage coverage to the
foragoing named CITY and individuals covering all the ~ork performed by, for, or
on ~e.l;alf of said De',eloper. Both bodily injury and property d&-.a.ge i:lsurance
must be on an occurrence basis; and said policy or policies shall provide that the
coverage aiforded, thereby shall be primary coverage to the full limit of liahilicy
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 o~,er insurance shall be e."tcess insurance only.
(a) Ea~~ of said policies of insurance shall provide coverage in the
folla.iing minimum amounts, for bodily injury, ~100,OOO each person; ~300,000 each
OCC:.lrrence; property dar::age, S50, 000 on account: of anyone occurrence "i th an
a~gre~ate li~~t of not less than S200,000.
(b) The Developer shall file "ieh the City Engineer at or ?rior t:o tohe
t:i.:le of execution of this AGRE~1~ by the Developer such evidence of said =aregoing
policy or policies of insurance as shall be satisfact:or: .. " :::0 said City Enginee.r.
Each such policy or policies shall bear an endors~ent ?recluding the cancel:acion
or raduc.t:'on in coverage ';vithout giving the Cit:'" Engineer at ls2.st 18 days aaVa!!!:e
no tice cheraoi.
(c) In the event ;:hat ::::e ?rojec.t cove1:ad :::erein should be :::ut:.la:l:.-
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. ' . . t?o.'l.:..::'c.al subd:.7:...sion of :!le Stata of C.al.:.i0 r-::':'.a., ::!:le pol':'c:"as ot i=.su=anc.a ==q"..l':'=e.d.
provision sa~ for~ herei~ and above for ~~e protection of che Ci~ of Cuper~~o
shall equally a~~ly to Municipality and political subd~visiot1~
22". SUCCZSSORS
This AGR~n: sha:l.l bUui the heirs, admi:t:!..scators, e.::cec:utors, successors,
assig:t:lS and tra:t:lSferees of Oevaloper. rue ass:!.g=ant of this AGa.:::::~1E:l'r shall not:
be Qade .. ioout approval by oe City Council of CIT!.
its Mayor and City Clerk. ~ereunto duly au~ori=ed oy resolution of the City Co~cil
and said Developer has nerauntc caused his =e to be affL-..:ed t.,"a day· a:!ld ye.ar
CIT! OF CUPERTL'IO
3y
Mayor
3y
Ack.,owledgemencs· and Exnioic(s) __________ ~a~tached.
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STATE OF CALIFORNL~ )
) ss.
GOU~TY OF SA...'lTA CLARA)
On March 14
Notary Public in and for
, 19~, before me, the
said·State, personally appeared
undersigned, a
C. Michael Glasson and Barre L. Barnes
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
l-ITTNESS my hand and official seal.
SHIRLEY K, HANSON
.otary Public 'n for the County
of Santa Clara, State of California
CORPORATION ACKNOI-lLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SA...'ITA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
___________________________________________________________________ , known to me
to be the of , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Coruoration herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
Notary Public in and for the County
of Santa Clara, SC2te of California