80-033 Helfin Investment Company, Inc., Along Crescent Rd ; Margaretich Construction, Inc., Improvement Agreement and Deffered Agreement10300 Torre Avenue
Cupertino. California 95014
Telephone; (4011) 252-4505
OFFICE OF THE CITY CLERK
March 16, 1987
B. Margaretich
10125 Crescent Road
Cupertino, CA 95014
C"" of C14peJ'titlO
STANDARD IMPROVEMENT AGREEMENT -Resolution No; 7091
DEFERRED AGREEMENT -Resolution No. 7092
P_O. Sox 560
Cupe:rtjno~ California 95015
We are enclosing to you for your files.one (1) copy of Resolution No. 7091
and One (1) copy of Resolution No. 7092, which have been fully executed by
City Officials, both Resolutions were enacted by the City Council of the
City of Cupertino at their meeting of February 17, 1987.
Resolution No. 7092 requires recordation which takes approximately six to
eight weeks and will be on file in this office after compeltion.
Sincerely. '''_ ~ • .rr--a7~'~
DOROTHY CORNELIUS
crTY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
NO FE!!!: I,N I\'-(",~:", ',;C!'::
'WITH' 60V CC-Dl! 6103
c
INTERIM CITY HALl:
10430 S, DeAnza Blvd.
Cupertino, CA 95014
RESOLUTION NO. 7092
A RESOLUTION OF THE CITY COUNCIL OF THE
AUTHORIZING EXECUTION OF DEFERRED'
B. MARGARETICH
FOR T:iE IMPROVEMENT OF FRONTAGE. ALONG STEV?NS
BOULEVARD AT JANICE AVENUE
WHEREAS, there has been presented to the City Council an agreement
for the improvement of the street frontage along Stevens Creek Boulevard
at Janice Avenue by B. Margaretich; and
WHEREAS, said proposed agreement contains provisions for the
oonstruction of streets! curbs, gutters, sidewalks, and for other
improvements within a period of five (5) years and six (6) months from
the date of execution of said agreement; and said agreement having been
approved by the City Attorney:
NOW, THEREFORE, BE IT RESOLVED that the aforementioned agreement
is hereby approved; and the City Engineer is hereby authorized to sign
the final plans when presented by the developer; and the Mayor and the
City Clerk are herebv'authorized to execute the 'agreement herein referred
to in behalf of the City of Cupertino,'
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to
file this agreement with the Santa Clara County Recorder.
PASSED AND ADOPTED at a regular meeting of the City council of the
City of Cupertino this ,17th day of February , 1987
by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN, None
ATTEST:
Is/Dorothy Cornelius
City Clerk
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AGREEMENT
STEVENS CREEK BOULEVARD
'!his AGREEMENT made and entered into this
K 0 81P~r,F20 45
17th day
of ____ F_e_b_r_u_a_r-'-y _____ , 19~, by and between the CITY OF aJPERl'INO,
a municipal corp:lration of the state of california, hereinafter designated
as CITY, and Mr. B. Margaretich
hereinafter designated as DEVELOPER.
c
WITNESSETH
WHEREAS, the DEVEIOPER has made application to the CITY-for
a building permit
to construct and maintain a single family dwelling
hereinafter refe=ed to as "Project."
WHEREAS, the CITY hereby agrees to permitaPMI@~ of the required _ ...
development ilnprovements in a=rdance with the provisions of this
AGREEMENT i an:ii
WHEREAS, the DEVEIOPER hereby agrees to provide necessary ilnprovement
plans and specifications at such time as they may be required by the City
Engineer or as provided herein and;
WHEREAS, . the DEVEIOPER further agrees to perform at his sole cost all
the work necessary to complete installation of those ilnprovements which
will be required in a=rdance with those plans to be prepared; and
WHEREAS, the DEVEIOPER agrees to provide bonds, cash payments, or
other guarantees as outlined herein to assure compliance with conditions
of development approval; and
Page I
· '. K 081 PAGt 2 046
WHEREAS, pursuant to the provisions of this AGREEMENT ( the CITY hereby
,
established the amounts of BoOOs, Fees, and Deposits as set forth in the
follcwing schedule:
SCI:lElXIIE OF roNDS, FEES AND DEroSITS
Improvement category -N/A
PARI' A. Faithful Performance Bond: Deferred
PARI' E. Labor and Material Bond: Deferred
PARI' c. Checking and Inspection Fee: Deferred
PARI' D. . Indirect city Expenses: Deferred
PARI' E. DENelopment Maintenance Deposit: Deferred
PARI' F. Storm Drainage Fee: $414.00
FOUR HUNDRED FOURTEEN DOLLARS ARD NO CENTS
PARI' G. One Year ~er Cost: Deferred
PARI' H. street Trees: By DENeloper
PARI' I. Map Olecking Fee: N/A
PARI' J. Park Fee: NIA
PARI' K. Water Main Elct::ension Deposit: See separate agreement
PARI' L. Maps and/or Improvement plans: Deferred NIA
Page 2
K 081PA6E204 7
NOW, THEREFORE, IT IS H:E:RE:I3Y Mtl'IUl\LLY AGREED by am' between the
parties hereto as follows, 'ro WIT:
1. DEDICATION
A. '!he DEVEIDPER offers to dedicate the real pro:;>pert.y
shown on Exhibit "A", which is attache:i hereto am made a part hereof by
reference. Said de:iicated property shall be free am clear of all liens or
encumbranc:es except those which the CITY shall waive in writing. The
DEVEIDPER agrees not to revoke said offer of de:iication, am to keep said
offer open until the CITY accepts offer by resolution.' .
B. . Upon execution of this AGREEMENT the DEVEIOPER agrees to
deliver a properly executed grant deed to the ClTY of the real property
described in Exhibit "A" , and such other executed conveyances, or
instruments necessa:ty to corwey clear title as herein require:i. The
DEVEIOPER shall provide, at the DEVEIOPER'S sole cost am expense, to the
,:;ity:
(1) A preliminary title report issued by a title insurance
company ,relating to the property offere:i for dedication.
(2) A staniard policy of title insurance issued' by a title
insurance company am insuring the ClTY in the sum of: NIA am which shall shaw said property free am clear of all liens or
encumbrances except those as the ClTY shall expressly waive in
writing; said policy shall be furnishe:i at the time of acceptance
of dedication am recordation of dee:i. '
c. Upon the condition precedent that the DEVElOPER shall
perform each am every covenant am condition of this AGREEMENT, the ClTY
agrees to accept said real property offere:i for dedication.
2. INSTAL!.ATION OF mID<
It 'is further agreed that:
A. The DEVEIOPER shall install am complete the Work within one .el)
year fro!l\ the date of execution of this AGREEMENT, or such lOIY:1er period
as may be specifically authorize:i in writing by the city Engineer. In the
event the DEVEIDPER fails or refuses to complete the Worlc within the
specified period of tim, the CITY, at its sole option, shall be
authorize:i to complete the Worlc in whatever manner the ClTY shall dec#!e.
In the event the CI'):'Y completes the Work, the ClTY my recover any am all
costs :incurred thereby from the DEVEIOPER or the' DEVEIDPBR I S surety or
both.
B. The DEVEIOPER shall install am complete the Work in a go:xi am
worklranlike manner in aCCOJ::dance with the plans as approved by the city
Engineer of CUpertino. The Work shall be done in a=rdance with existing
ordinances am resolutions of the ClTY am in a=rdance with all plans,
specifications, stan:iards, sizes, lilies, am grades approved by the city
Engineer. The Work shall be done in accordance with all state am County
statutes applicable hereto. The decision of the city Engineer shall be
final as to whether any material or workmanship mets the stan:iardB,
specifications, plans, sizes, lines am grades as set fOrth.
Page 3
,..
· . K 081PAGE20 4~
,c. It is further agreed that the Work shall be done in a=rdance
~;ith the :most cunent standa:l:d Specifications of the Deparl::ment of Public
Works, california Department of Transportation, state of california, and
in a=rdance 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 i 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 petween 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. EXCAVATION PERMIT
It is further agreed that the DEVElOPER shall comply with Section
'ItJree of Ordinance No. 130 of the CITY by ol::ltaining an excavation permit
from the City Engineer l::lefore the commencement of any excavation in, on,
or under the surface of any existing pulolic street, lane, alley, sidewalk,
or other pul::llic place. It is further agreed that the DEVElOPER shall
notify the City Engineer of the exact date and time when the proposed
excavation is to carnmence.
4 • <;;,u.rI'CU\lM DEED
It is further agreed that the DEVEI.OPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to CITY
authorization to extract water from the underground strata laying beneath
said project and DEVEI.OPER agrees to execute a "Quitcla:i;m Deed and
Authorization" in favor of CITY, when presented to him for signature.
5. OONDS lIND 0llIER SEaJ"RITY
A. upon the execution of this AGREEMENT, the DEVElOPER shall file
with the CITY a faithful perfonnance 1:x:ln:i to assure his full and faithful
perfonnance of this AGREEMENT. ~e penal sum of said faithful perfonnance
bond shall be the full cost of any payment to be made under this
AGREEMENT, the value of any land agreed to be dedicated, and any
improve:ments to be made under this AGREEMENT. In the event that
in1prove.ments ere to be made under this AGREEMENT, the DEVElOPER shall, in
addition to said faithful performance, file with the CITY a labor and
materials l::lond in a penal sum adequate to assure full payment of all labor
and materials required to construct said in1provements. ~e amount of said
bonds shall be as designated by the city Engineer. Said bonds shall be
executed by a surety c:cmpmy authoriZed to transact a surety business in
the State of california and must be approved by the City Attorney as to
form and by the City Engineer as to sufficiency. In the event that the
DEVElOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
in'provements herein required, the CITY shall call on the surety to perform
this AGREEMENT or othe:twise indemnify the CITY for the DEVElOPER I S failure
to so do.
Page 4
K 081PlIGF2049
B. In lieu of a surety bond, the DEVEtOPER may elect-to secure this
AGREEMENT by depositin;J with the CJ:T)!':
1. cash; or,
2. A cashier's check, or a certified check payable to the oroer
of the City of Ct.tpertino or,
3. A certificate of deposit, or instrument of credit :meeting
the requirements of Gove:rrnnent Code Section 66499 (b) or.
(c) •
C. fue amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as dasignated by the City Engineer, arrl
shall be the. equivalent to that which would have been required had the
DEVEI.OPER ful:'nished. the CJ:T)!' with a surety bond. In the event that the
DEVEtOPER shall fail faithfully to perform the covenants arrl conditions of
this AGREEMENT, or to make any payment, or anydedicat.:ioh of 1arrl, or any
ilI1pravements herein required, the CJ:T)!' 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.
E. No interest: shall be paid on any security deposited with the
CJ:T)!' •
6. amcKING .lIND INSPECI'ION FEE
It is further agreed that DEVEtOPER shall pay any arrl all necassary
direct expenses for inspection, checking, etc. , incurred by CJ:T)!' in
connection with said Project, arrl that DEVEtOPER shall have deposited with
CJ:T)!', prior to execution of this AGREEMENT, the amount as set forth herein
at Page 2 (Part C). Should construction cost vary materially from the
estimate from which said SI.UIl is calculated, the city Engineer shall notify
DEVELOPER of any additional SI.UIl due arrl CMing as a result thereof.
7. INDIRECI' EXPENSES
It is further agreed that DEVEtOPER shall pay to CJ:T)!', prior to
execution of this AGREEMENT, indirect expense allocable to processing
these ilI1pravements, the amount as set forth herein at Page 2 (Part D).
7A. MAP FILING FEE
It is further agreed that the DEVEtOPER shall deposit with CJ:T)!', prior
to execution of this AGREEMENT, for office checking of final map arrl
field checking of street llD!'lI.llIl9I1, in compliance with section 4:1 of
Ordinance No. 47 (Revised 12/04/61) of CJ:T)!', the amount as set forth
herein at Page 2 (Part I).
Page ;;;
8. DEVEIDIMENI' MAINTENANCE DEFOSIT K 081pAG~2050
>
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 E) as a development IlI3.intenance deposit, to insure proper dust
'control and cleaning during the construction period. 'Ihe development
maintenance deposit may be utilized for repairs of defects and
inperfections arising out of or due to faulty workmanship and/or IlI3.terials
appearing in said work during the period until release of the :iJTq;lrovement
bonds by the CITY. Should the DEVEIDPER COilplete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the improvement bon:ls.
9A. S'IORM DRAINAGE FEE
It is further agreed that the DEVEIDPER shall deposit with the CITY,
prior to execution of this AGREEMENT, a storm drainage charge in
connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) •
9B. WATER MAIN EJcr'ENSION DEFOSIT
'Ihe DEVEIDPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. 'Ihe deposit shall be held by the CITY until said
monies are needed to implement :iJTq;lrovements outlined by the Director of
Public Works or improVements outlined within the adopted Water Master
Plan (PARI' K, Page 2).
10. ONEYFAR:FCmER CDS'!'
It is further' agreed that the DEVEIDPER shall pay to CITY prior to
execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part G), which amount represents the power cost for stJ::eet lights for one
year.
11. 'IHE llISTALIATIOl:l OF srnEEl' TREES
'It is further agreed; that the DEVEIDPER shall, at such time as deemed
appropriate by the city Engineer, plant street trees in conformance with
the standards of the city of OJpertino. Variety of tree shall be selected
from the city approved list.
12. PARK FEES
It is further agreed that the DEVEIDPER shall pay such fees and/or
dedicate such land to the CITY, prior to execution, as is required within
"Park Dedication ordinance" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
Page 6
-'... . .'
13. M1IJl1TEN1INCE OF mRK K 081p~Gf2051
It is further agreed that the DEVEIDPER shall IJ1aintain the Work until
all deficiencies in the Work are correct:ed to con:fOIlIl to the Plans and the
City standards and specifications for the Work. 'Ihe DEVEIDPER shall, upon
written notice thereof, :llnmediately repair or replace, without cost· or
obligation to the City of OJpertino,. and to the entire satisfaction of
said CI'l.Y, all defects and ilIlperfections arisin;J out of or due to faulty
workmanship an:Vor IJ1aterials appearin:j in said Work.
14. SANITARl:!' D:rs:mrG
It is further agreed that the DEVEIDPER shall file with CI'l.Y, upon
execution of this AGREEMENT, a letter from'the Clpertino SanitaJ:y District
statin;J that the DEVEIDPER has entered into a separate.AGREEMENT with the
said District to install sailitaJ:y sewers to serve all lots within said
Project and statin:1 that a bond to insure full and faithful perfOrIJ1ance of
the construction of the said sanitaJ:y sewers and to insure IJ1aintenance of
said sanitaJ:y sewer in con:f=ce with the provisions as set forth in
Paragraph 13 above has been filed.
15. GOVERNMENT CODE
It is further agreed that DEVEIDPER shall fila with CI'l.Y, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the GoVe:mment Code, partaining to
special assessments or bonds, have been camplied with.
16. CEN'IRAL FIRE DISTRIG
It is further agreed that the DEVEIDPER shall file with the CI'l.Y, upon
execution of this AGREEMENT, a letter from the Central Fire Protection
District of Santa Clara County, statin:1 that the DEVEIDPER has entered
into an 1\GREEMENT with said District to install fire hydrants to serve
said Project and statin;J that all necessary fees have been deposited with
said District to insure installation and five (5) year rental fee of said
hydrants.
17. SmEEll' LIGHTING
It 1s further agreed that the DEVEIOPER shall apply for the
installation of electric pcl\'Ier for street ligl:lti.n;J at the earliest date
p:lSSible.
18. PACIFIC GAS AND ELECIRIC/PACIFIC BELL
It is further agreed that the DEVEIDPER shall pay to Pacific Gas and
, . Electric company a:nd/or to Pacific Bell any and all fees required for
installation of overhead am,tor undel:ground wirin:1 ciroJits to all
electroliers within said property and any and all fees required for
urxie.rg:rouIJd as, providEd in ordinance No. 331 of CI'l.Y when DEVEIDPER is
notifiedby' either the city Er:qineer or the Pacific Gas and Electric
Company a:nd/or Pacific Bell that said fees are due· and payable.
Page 7
·. \ ' • 19. EASEMENTS lIND RIGffi'-<)F-WAY K 081Pt;GI2052
It is further agreed that any easement and right-of-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 pr0ceed.in:3s are :required by the CTIY for the purpose of securing
said easement and right-of-way, that the DEVELOPER shall deposit with CTIY
a sum covering the reasonable market value of the land proposedJ 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 S1.llIlS as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable am::runts as the
CITY may require shall be deposited with the City of CUpertino.
20. HOrn ll1\RMLESS
It is further agreed that, commencing with the perfonnance of the Work
by the DEVELOPER or his contractor and continuing until the completion of
the maintenance of the Work, the DEVELOPER shall :indennify, hold harmless
and defend the CITY from and against any or all toss, cost, expense,
damage or liability, or claim thereof, occasioned by or in any way
whatsoever arising out of the performance or nonperfontance of the Work or
the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S
agents, employees and in:l.epe.ndent contractors.
21. lNSl'JRl\NCE
It is further agreed that: 'Ihe DEVELOPER shall take out, or shall
require any contractor engaged to perform the Work to take out,' and
maintain at all times during the perfonnance and maintenance of the Work
called for or required to be done hereunder, a p:>licy 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 p:>licy
shall provide bodily injury and property damage coverage to the foregoing
:named CTIY and individuals covering all the Work perfo:t::rried by, for, or on
behalf of said DEVELOPER. Both bodily injury and property damage insurance
must be on an occur.rence basis; and said p:>licy or p:>licies 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
meIllbers of the city Council individually and collectively, and the
officers, agents, and employees of the CITY, individually and
collectively, have ot1:ler insurance against the loss covered by said p:>licy
or p:>licies, that ot1:ler insurance shall be excess insurance only.
A. Each of said p:>licies of insurance shall provide coverage in the
following :minimum amounts: For bodily injury, $100,000 each person;
$300,000 each occur.rence, property damage, $50,000 on account of any
one occur.rence with an aggIegate limit of not less than $200,000.
Page 8
\ "
~. " K 081p~GF2053
:a. '!he DEVELOPER shall file with the city Engmeer 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 preclud..i.n] the cancellation or rerluction in
coverage without giving the city En:Jineer at least ten (10) d.<l.Y9
advance notice thereof.
C. In the event that the Project covered herein should be mutually
situated in or affect the area of jurisdiction of a separate
nnmicipality or political subdivision of the state of california, the
policies of insurance i::equired herein and ab::7.re shall CO-l:lalll3 such
nnmicipality or political subdivision and the p1:OVision set forth
herein and ab::7.re for the protection of the c::r.r'l shall equally apply to
nnmicipality and political subdivision •
. 22. MAl?S AND/OR IMPROVllMENT PIANS
It is further agreed that the DEVELOPER shall furnish c::r.r'l with the
following maps anl/or plans at his own expense:
A. A mylar sepia and seven (13) prints of fully eXecuted parcel
maps. :a. A mylar sepia and ten (11) prints of fully executed inprcvement
plans.
C. A direct duplicating silver ~tive microfilm aperature card of
all executed il1Tp1:OVement plans and maps.
It is agreed that the sepia, prints and m1crofilm of maps will be
furnishe::1 within one :nrmth following recoJ:dation at the County of Santa
Clara.
It is also agreed that the sepia, prints and microfilm for impJ:O\lement
plans will be fllnrlshed within one m:mth following the signing of the
plans by the c::r.r'l.
23 • DEF'ERMEN1'
It is further agreed that the DEVELOPER shall furnish, oonstruct and
install at his own expense, either upon six (6) :months notice fram the
c::r.r'l, in which event the Work must be catpleted within one (1) year
thereafter, or in the absence of such notification, no later than fiVe (5)
years and six (6) :months fram the date of this ~, the following
inprcverrents: '
Page 9
, .
K 081PAGI:2054
Uhtil such notification is :made by crr:l, or such t:ime has elapsed,
sections numbered 2-23
are hereby deferred. 'It1e DEVEIDPER further agrees to cooperate, upon
notice by the crr:l, with other property owners, the crr:land other public
agencies to provide the :iltIprovsments set forth herein uroer a joint
cooperative plan, including the fonnation of a local improvement district,
if this method is feasible to secure the installation and construction of
the improvements. .
24. SUCCE'SSORS -RUN WI'IH rAND -A.P.M. 326-50-12
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVEIDPER. It is agreed and
uroerstood that this AGREEHENT shall be filed for record in the Office of
the County Recorder of the County of Santa Clara, state of california and
that the covenents in this AGREEMENT shall run with the land, a
description of which is contained in Exhibit D, which is attached hereto
and :made a part hereaf by reference, and is for the benefit of the other
lands in the City of cupertino.
IN WI'INESS WHEREX)F, CITY 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 has hereunto caused his name -to be affixed
the day and year first above written.
State of California ) •
county of Santa Clara
) ss.
)
On this First day of February in the
year of 1987, before me, Jenny Jackson, a
Notary Public, State of California, duly _
commissioned and sw~rn, personally appeared
Hr. Bozo Margaretich, personally kno!!ln to me
,
to be the person that executed this instrument\
and ackno\.Jledged to me that he executed the same. r
All signatures require nota:ty acknowledgment.
Exhibits A and B Attached
(Rev. 3-1986) Page 10
ff'~GeG<!)G<!)(I'<SCi.9C<')C<')G<!)(I'<SCi.9C<')t<9~ ~ OFFICIAL SEAIl ~ 8' JENNY JACKSON ~
'1 NOTARY PUBLIC CALIfORNIA 2
G SANTA CLARA COUNTY 2 ~ My Commission Expires Jan. 2, 1991 2
~~G>ilG>ilGl'i.lG>ilGl<fG>ilGNIGNIGNIGl'ilG>ilG>il"""Q
./(O~ ~ts.& -~~ on
'. '
Exhibit A
K 081PAGl2055
All of that certain real property situate in the City of Cupertino,
County of Santa Clara, more particularly described in the following:
•
All of lot 23 as said lot is shown on "Map of Inspiration Point,
Manta Vista," filed in Book "pI! of Maps at page 18 Santa Clara
County Records.
... '
T
, . . . ~,
eo ¥i'th Seet-
ilt. ..~day of .
or
r
RECORDER'S CERTIFICATE
~
8LVD
//
K 081PAGE205G
OPc
", --'.<!Ar-'"7=· M=".5=::::=~· ,. Ec~~JbWf:§hRVE*
.!l4J At 20 '" '. OF LOT 23° AND 'A PORTION OF SY!.VA~
WAY AS SHOWN ()~" MAP OF" i;tSP!RAT-'
lOt-! ·POIIIT. MONTA VISTA' I'ILED II.l BOol<
"p" OF" MAPS. 'AT PAGE Ie, SANTA
BASIS OF BEARING
TIt~ beof't:" Wl3S"S3'W of.the center.
line o(Cuperii!"l.o '!?¢ad (fotm«,.I\) ~ ... -
",en,£> Ct..t.ek f?<')QdJD.!l ~hoWrt ¢f'I Fhr·
<'~I t-fo.p (e<'otd~d.;'O BMI< 510 ¢ f
\"''1t::'~ .-:~ o,,('<c .10 ~'?,....lc ~!c.ra.
cLARA C9UNTy REC.OROS, .:.
L'I'IJ.l"1 E>1TIKEl Y WITHI>lTHE CITY LIMI1'5 OF'
CUPE~TI~O. SANTA CLARA COtJ>lT'( CA.
\
RESOllJTION NO. 7091
A RESOllJTION OF THE CITY OXJNCIL OF THE CITY OF CUPERl'INO
~G FlN1!L PIAN FOR THE IMPROVEMENT OF FRONTl\GE
I.OCATED ON S'IEVENS CRE:EK BJIJLEITAIID ll:r JANICE AVENUE;
DEVELOPER, B. MARGAREI'ICH; AIl'IHORIZING THE CITY ENGINEER 'IO SIGN
THE FlN1!L PIAN; AND AlJIHORIZING EXEa1l'ION OF AGREEMENT IN
CDNNECTION 'nlEREWl'IH
WHEREAS, there has been presented to the city Council for approval of
the final plan for the improvement of street frontage of property located
on Stevens Creek Boulevard at Janice Avenue by B. Margaretich; and
WHEREAS, there has been presanted to the city Council a proposed
agreement for the construction of streets, curbs, gutters and sidewalks
and for other improvements, and good and sufficient bonds, fees and
deposits as set forth in Eld:li.bit "A" havirq been presented for the
faithful perfonnance of said work and the carryirq out of said agreement;
and said plan, agreement, and bonds havirq been approved by the city
Attorney;
NOW, TIiEREFORE, BE rr RESOLVED that said final plan for the
improvement of street frontage at Stevens Creek Boulevard at Janice
Avenue, be and the same is, hereby, approved; and the City Engineer is
hereby authorized to sign said final plan; and the Mayor and the city
Clerk ere hereby authorized to execute the agreement herein referred to in
behalf of the City of CUpertino.
PASSED AND AlXlPrED at a re;JUlar meetirq of the city Council of the
city of CUpertino this 17th day of February , 1987 by the
follCMing vote:
Vote Members of the city Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
\
RE'SOWTION NO. 7091
ATl'EST:
IS/Dorothy Cornelius /s/ W. Reed Sparks
city Clerk Mayor, City of Olpertino
•
BESOIIlTION NO. 7091
EXHIBIT "A"
SCHEIXlLE OF OONDS, FEFS, AND DEE03ITS
DE.VEIDmENT: S.ir.qle-family dwell.ir.q
B. Margaretich
lOCATION: stevens Creek BoulevaJ:1:l. at Janice Avenue
PARr A. Faithful Perfo:r:mance Bond:
six thousand five hundred and no/IOO dollars
PARr B. labor and Material Bond:
six thousand five hundred and no/IOO dollars
PARr C. Checking and Inspection Fee:
Three hundred blenty-five and no/lOO dollars
PARr D. Indirect city Expenses:
Fifty and no/IOO dollars
PARr E. teveloprnent Maintenance Deposit:
PARr F. storm Drainage Fee:
PARr G. One Year RJwer Cost:
PARr H. street Trees: By teveloper
PARr I. Map Checking Fee:
PARr J. Park Fee:
PARr K. water Main Extension Deposit:
PARK L. Maps and/or Inprovement Plans
$ 6,500.00
$ 6,500.00
$ 325.00
$ 50.00
N/A
Paid
N/A
N/A
N/A
N/A
N/A
... ,t
:
AGREEMENT
STEVENS CREEK BOULEVARD
'lhis ~ made ani entered .into this 17th --~~~-----------day
of __ ...;;F.ahruary , 19~, l:ly ani between the CITY OF
Cl.JFERI'lNO, a ll11.I!licipal corporation of the state of California, hereinafter
designated as CITY, ani Mr. B. Margaretich
hereinafter designated as DEVE!.DPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
building permit
to construct ani maintain a single family dwelling
he:reim.fter referred to as "Project."
WHEREAS, CITY he:rel:ly applXlVe& the .i:mprovement plans ani specifications
~ for the Project l:ly Hahamian ;
a true copy of which .i:mprovement plans ani specifications are on file in
the office of the City EI'l3inee.r of o.:q;:ertinc)1 ani
WHEREAS, the same are inoa:t:p:n:ated herein l:ly reference, the saJlle as
t.hough set =t in fUll;
NCM, 'IHEREl'ORE, said illlprovemen:t plans ani specifications shall I:e
hereinafter called the "Plans," ani the work to be done 1JI'Xier the Plans
shall be called the ''Work.''
1
WiiERE'AS, p.mruant to the provisions of this ~, the crI"i' hereby
established the am:lUIl.ts of Bon:'Is, Fees, an::i D:!pOSits as set forth in the
follow:ir.r;r schedule:
SCHEIXlIE OF B:lNI:S, FEES AND IlE:EQSlTS
PARr A. Faithful PerfOl:lll!mCe l3ar:d: $6,500.00
SIX THOUSAND FIVE HU~~RED DOLLARS AND NO CENTS
P.AR:r B. labor an::i Material l3ar:d: $6,500.00
SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
P.AR:r C. O:!eckin;r an::i Inspection Fee: $ 325.00
THREE HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS
PARr D. In:lirect city Expenses: $ 50.00
FIFTY DOLLARS AND NO CENTS
PARr E. D:weJ.opnent Maintenan:::e D:!pOSit: Not applicable
PARr F. Stal:m Drainage Fee: PAID
P.AR:r G. One Year l'cIWer COst: Not Applicable
P.AR:r H. street Trees: By D:weJ.oper
PARr I. Map O:!eckin;r Fee: Not Applicable
PARr J. Park Fee: Not Applicable
PARr K. Water Main Elct.e.nsion Deposit: Not Applicable
PARr L. Map> arDjor Illprovement Plans: Not Applicable
NtJio1, 'lHE(l'<EtORE, IT IS HEElEl3Y MrJIUAILY AGRE:ED by am between the
parties hereto as follOllS, TO WIT:
1. DEDICATION
'Ihe DEVELOPER offers to dedicate the real property shewn on
Eldl..ibit "A", . ch is attached hereto am made a part hereof by reference.
Said dedicat .. property shan be free am clear of all liens or
encumbrances exC~ those which the CITY shall waive in writin;r. '!he
DEVELOPER agrees to :revoke said offer of dedication, am to keep said
offer open until the accepts offer by resolution.
B. Upon e:~:~~O~f~this l\GHEEMENT the DEVELOPER agrees to deliver a properly E deed to the CITY of the real property
described in Exhibit "A", d such other executed conveyances, or
i.nst.rument:s necessary to clear title as herein required. '!he
DEVEIDPER shall provide, at the 'S sole cost am expense, to the
City:
(1) A preliminary title issued by a title insurance
company relatin;r to the property fered.for dedication.
(2) A st:an:ia:l:d policy of title . issued by a title
insurance I"Xl!!{'3ny am . insurin;J the the sum of: NjA, am
which shall show' said property free clear of all liens or
encumbrances except those as the CITY expressly wive in
writin;r; said :policy shall be fum.ished at the . of acc:ept:.ance
of dedication am :recoJ:dation of deed.
c. Upon the condition precedent that the[~~~~PER shall
perform each am e:<Iery COV'ellaIIt am carxl.i.tion of this 11 , the CITY
agrees to accept said real ptup!l.ti:y offered for dedication.
2. INSTl\LIATIClN OF mRK
It is further agreed that:
A. '!he DEVELOPER shall. install am c:cmplete the work within one (1)
year from the date of ex:ec:ution of this l\GREEloIENT; or such longer period
as may be specifically authorized in writin;r by the City En;Jineer. In the
event the DEVELOPER fails or refuses to c:cmplete the work within the
specified period of time, the CITY, at its sole option, shall be
authorized to ccmplete the Work in whatever manner the CITY shall decjde.
In the event the CITY coropletes the work, the CITY may recover any and all
costs i:ncurred thereby from the DEVELOPER, or the DEVELOPER'S surety or
both.
B. 'Ihe DEVELOPER shall install am c:cmplete the Work in a goal and
workmanlike manner in ~ with the plans as awroved by the City
En;Jineer of 0Jpertin:l. 'Ihe work shall be done in a=:rdance with exist.ir:q
ordinances am resolutions of the CITY am in a=n:lance with all plans,
specifications, st:a.n:1ams, sizes, lines, am grades ~ed by the City
En;Jineer. '!he work shall be done in ~ with all State am County
Statutes at:Plica:ble hereto. '!he decision of the City En;Jineer shall be
final as to whether any material or w:Jrkmanship meets the stan:ia:rds,
specifications, plans, sizes, lines am grades as set forth.
3
C. It is :furt:hei-agreed that the Work shall be done in accordance
with the nPSt current st:amard Specifications of the Depart:ment of I?Ul::llic
Works, califomia Department of Transportation, state of california, and
in accordance with the specifications of the Olpertino sanitary District
where applicable.
Wherever the words "state", or "california Division of Highways" are
mentioned in the state Specifications, it shall be considered as
referriI:q to ~ CI'lY of CUpertino; also wherever the "Director" or
"Director of I?Ul::llic Works" is merrt:ioned, it shall be considered as
referriI:q to the city Engineer.
In case, of conflict between the State Specifications and the
specifications of the CI'lY an:l,/or the Olpertino sanitary District, the
specifications of the CI'lY an:l,/or the Olpertino sanitary District shall
take precedence Oller and be used in lieu of such conflictiI:q portions.
3. EXCAVATIQI' PERMIT
It is further agreed that the DE.VEI.OPER shall o::mply with Section
'lhree of ordinance No. 130 of the CI'lY by obtainin; an excavation pemit
from the city EI:gineer before the 0 .""e!J.:elllE!lIt of aI¥ excavation in, on,
or under the surface of aI¥ existi.n:l' ~lic suest, lane, alley, sidewalk,
or Other ~lic place. It 'is ,further agreed that the DE.VEI.OPER shall
notify the city Engineer of the exact date and tma when the p:t:opos.;d
excavation is to ,I """enee.
4. ~DEED
It is further agreed that the DE.VEI.OPER, when requested by the CI'lY,
shall quitclaim all his:"'rights and inte:rest.s in, and shall grant to CI'lY
authorization to extract water from the ~ strata lyin;r beneath
said project and DE.VEI.OPER agrees to exe:::ute a ''Quitclaim Deed and
Authorization" in favor of CI'lY, when presented to him for signature.
5. B:lNttI AND OIHER SECORIT'l
A. Upon the. execution of this ~, the DEVEI:OPER shall file
with the CI'lY a faithfUl pm:fo:t:mance l:xlni to assure his fUll and faithfUl
perfo:rma:nc:eof this ~ •. 'n'le penal. sum of said faithful. performance
bond. shall be the fUll cost of' aI¥ paynent to be made under this
AGREDlENT, the value of aI¥ land agreed to be dedicated, and arr.J
improvements to be made under this AGREEMENl'. In the event: that
improveI!ents are .to be made under this AGREEMEm', the DE.VEI.OPER shall, in
addition to said faithfUl perfor.mance, f4e with the CI'lY a labor and
materials l:xlni in a penal. sum adequate to assure fUll paynent of all labor
and materials required to construct said inp:r::ovements. '!he amount of said
l:xlniS shall be as designated. by the city Engineer. Said l:xlniS shall be
executed. by a surety CXJ!P'I'IY authorized to transact a surety business in
the state of california and :must be app:r<!V'ed by the city Attorney as to
form and by the city Engineer as to sufficiency. In the event that the
DE.VEI.OPER shall fail faithfUlly to perfo:cn the covenants and conditions of
this ~, or to make aI¥ payment, or aI¥ dedication of land, or aI¥
ill1provement:s herein required, the CI'lY shall call on the surety to perform
this ~ or ot:heJ:wise :i.n:lemnify the CI'lY for the DE.VEI.OPER' S failure
to so do.
4
B. In lieu of a sure:t:y borxi, the DEVEIDPER may elect to secure this
~ by deposit:in;1 w.l.th the CI'lY:
1. cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of 0Jpert:in0; or,
3. A certificate of deposit, or .i.nst.J::1.mer of credit :meetin;J
the requireI:oonts. qf GoVe:mment Code Section 66499 (b) or
(e).
C. 'Ihe anrrunt of said cash, chec.ks, certificate of deposit, or
.i.nst.J::1.mer of credit shall be as designated by the City Er.I;Jineer, ani
shall be the equivalent to that which would have been required had the
DEVEIDPER furnished-the CI'lY with a sure:t:y borxi. In the event that the
DEVEIDPER shall fail faithfully to pert= the =enants ani corrlitions of
this .l\GREEMENT, or to make arri pay:ment, or a:Ir:f dedication of lani, or a:Ir:f
i.rnprove!!e:nt herein required, the CITY may awly the proceeds of said
security thereto.
D. No release -of sure:t:y borxi, cash deposit, check, or certificate of
deposit, shall be made except u:pon approval of the City Ccuncil.
E. No interest shall be paid on a:Ir:f security deposited with the
CITY.
6. amc:KING AND lNSPECl'IctI FEE
It is further agreed that DEVEIDPER shall pay any ani all necesscu.y
direct expenses for inspection, ch.ec:k:in], etc., incurred l:Jy CITY in
connection with said Project, ani that DEVEIDPER shall have deposited with
CITY, prior to execution of this ~, the ancunt as set forth herein
at Page 2 (Part C). Should consb:uction cost vary materially :Ercm the
estimate :Ercm which said sum is calculated, the City Er.I;Jineer shall notify
DEVEIDPER of a:Ir:f additional sum due ani cr.rin; as a result thereof.
7 • INDIREel' EXPE:NSE:l
It is further agreed that DEVEIDPER shall pay to CITY, prior to
execution of this 1\GREEMENI', in::U.rect expense all=able to processin:;J
these i.rnprove!!e:nt, the ancunt as set forth herein at Page 2 (Part D).
S. M1!P~-FEE
It is further agreed that the DEVEIDPER shall deposit with CITY, prior
to execution of this AGREEMENI', for office ch.ec:k:in] of final map ani
field ch.ec:k:in] of sl:J:eet mnuments, in cc:mpliance with section 4:1 of
Ordinance No. 47 (Revise:i 12/04/61) of CITY, the ancunt as set forth
herein at Page 2 (Part I).
5
9. DEVEIDFMENT MAINl'ENANCE DEroSIT
It is :further agreed that the DEVEIDPER shall pay to the CITY, prior
to execution of this AGREEMENT, the aIOC!\lI'It set forth herein at Page 2
(Part E) as a developnent maintenan::e deposit to insure proper dust
control arxi clean:in;r durin3' the const.nJction period. 'I1le developnent
maintenance deposit may be utilized for repairs of defects arxi
:ilnperfections arisin3' cut of or due to· faulty workmanship arx:l/or materials
aweari.ng in sai4 work durin3' the period until release of the impro<lement
barrls by the CITY. Should the DEVEIDPER complete the required repairs to
the entire satisfaction of the CITY, the urrused balance will be returned
after the release of the impro<lement barrls •.
10. sroEM I:lRAIN1IGE FEE
It is further agreed that the DEVEIDPER shall deposit with the CITY,
prior to execution of this AGREEMENr, a storm drainage charge in
connection with said Project in accordarice with the requirements
established in Resolution 4422, Mart:h 21, 1977, in the aIOOtmt as set forth
herein at Page 2 (Part F) •
11. w.TER MAIN EXI'ENSICIN DEroSIT
'I1le DEVEIDPER further agrees to deposit with the CITY those mnies
required to comply with "Policy on water Main Extensions Wor.k arxi
Deposits" dated 9/30/77. 'I1le deposit shall be held by the CITY mrt:il said
mnies are needed to implement ~ cutlined by the Director of
PUblic Works or impro<lements cutlined within the adoj;ited Water Master
Plan.
'I1le aIOC!\lI'It shc:Mn herein at Part K, Page 2, shall be the full aIOOtmt
due.
12. ONE YEAR FalER a:sr
It is further agreed that the DEVEIDPER shall pay to CITY prior to
execution of this AGREEMENT, the amamt as set forth herein at Page 2
(Part G), which amamt lepnsents the power cost for street lights for one
year.
13. 'IHE:rnsmLIATICIN OF STREEl' TREE>
It is further agreed that the DEVEIDPER shall, at such time as deemed
awropriate by the City En:Jineer, plant street trees in conformance with
the stamards of the City of 0Jpertin0. Variety of tree shall be selected
from the city ~ed list. .
14. PARK FEES
It is further agreed that the DEVEIDPER shall pay such fees an::l/or
dedicate such larxi to the CITY, prior to execution, as is required within
"Park Dedication orclinance" Ntnnber 602, 1972, arxi which is further
stipulated.UIl:ler Part J, Page 2 herein.
6
:
15. MAINTENANCE OF mRK
It is fIli::ther agreed that the DBVEIDPER shaU maintain the Work until
all cleficien:::ies in the Work are corrected to conform to the Plans ard the
City sta:rx:Iards an:l. speciIicatiOl1S for the Work. 'lhe DBVEIDPER shall, upon
written rotice thereof, iJJJUV?diately repair or replace, without cost or
obligation to the City of OJpertino, an:l. to the entire satisfaction of
said c:rI"l, all defects an:} imperfections arising out of or due to faulty
'WOrkmanship anVo;:, materials awearin;! in said Work.
16. SANITARY DISTRIcr
It is further agreed that the DBVEIDPER shall file with Crrt, upon
execution of this AGREEMENT, a letter fram the 0Jpertin0 SanitaJ:y District
statID;r that the OEVE!.OPER has errt:ere::i into a separate 1lGREEMENl' with the
said District to install sanitaJ:y sewers to serve all lots within said
l?roject an:} statID;r that a bor.d to insure full ard faithful perfonnance of
the oonst:ruction of the said sanitaJ:y sewers ard to insure mai.ntenance of
said sanitaJ:y sewer in confonnance with the provisions as set forth in
Paragraph 15 above has been filed.
17. GOVERNME:m' a:lDE
It is further agreed that DBVEIDPER shall file with c:rI"l, upon
execution of this AGREEMENT, sul::stantial evidence that all provisions of
section 66493, Article 8, Olapter 4 of the GoveIlllnent Code, pertainin;r to
special assessments or J:x:n::is, have been complied with.
18. CENTRAL FIRE DISTRIcr
It is further agreed that the DBVEIDPER shall file with the c:rI"l, upon
execution of this AGREEMENT, a letter fram the Central Fil:e l?rotection
District of santa Clara comty, statin;r that the DBVEIDPER has entere:i
into an l\GREEMENl' with said District to install fire hydrants to serve
said l?roject an:} statID;r that all neceasa1}' fees have been deposited with
said District to insure installation ard five (5) year rental fee of said
hytll:ants •
19. PACIFIC GAS .AND EIECIRIC/PACIFIC BELL
It is further agreed that the DBVEIDPER shall pay to PaciIic Gas ard
Electric company and/or to PACIFIC BEIL 01mpany any ard all fees req.rlred
for installation of cveJ::head and/or underground wirin;r ci=its to all
elect:rcliers within said property ard any an:} all fees required for
un::lergroundir as provided in ordinance No._ 331 of c:rI"l when DEVELOPER is
notified by either the City ED;rineer or the Pacific Gas ard Electric
01mpany and/or PACIFIC BELL company that said fees are due ard payable.
7
It is fui:ther agree::l. that arr:/ easement an::l. right-of-way necessazy for
~letion of the Project shall be aapired by the DEVEIDPER at his own
cost an::l. E!J!PeI'ISEI. It is provided, hcJI.Iever, that in the event em:inent
dCJ!!ilin pro 'P9ii n;jS are required by the CIT'{ for the ~ of sec:uriIq
said easement an::l. right-of-way,. that. the DE.VEroPER shall deposit with CIT'{
a sum ccveril'l3' the reasonable =ket· value of the lan::l. pzOfXlSE!d to be
taken an::l. to be ,in::luded in said sum shall be a reasonable allCl'i/aIlCe for
severance damages, if arr:/. It is further provided that in addition
thereto, such SUlllS as may be required for legal fees an::l. costs,
e!l3'ineeriIl3', an::l. ether incidental costs in sucll reasonable am:JUnts as the
CIT'{ may require ~lbe deposita:i with the city of 0Jpertin0. '
21. mID HARMrESS
It is further agree::l. that, CXl!lllIelCiIl3' with the perfomance of the Work
by the DE.VEroPER or his contractor an::l. continuin;J until the ~letion of
the maintenance of the Work, the DE.VEroPER shall imemnify, hold haDnless
an::l. defen:i the CIT'{ from an::l. against arr:/ or all loss, cost, expense,
damage or liability, or claim thereof, occasicne::l by or in arr:/ way
whatsoever arisiIl3' out of the perfODDal'lCe or l1Cl!lPerfomance of the Work or
the negligen::e or willful lllisc:orWct of the DE.VEroPER or the DE.VEroPER 'S
agents, employees an::l. iIDepen:lerIt. cx:uLractors.
22. INSURANCE
It is further agree::l. that: 'lhe DE.VEroPER shall take out, or shall
require arr:/ =lLractor e!J3'age::l to perfoDII the Wone to take out, an::l.
maintain at all tines duriIl3' the perfODDal'lCe an::l. maintenance of the Work
called for or required to be done hereunder, a policy of insurance naming
the CIT'{ an::l. members of the city Council of the City of CUFertino,
individually an::l. collectively, an::l. the officers, agents an::l. employees of
the City individually an::l. collectively, as insured. Said separate policy
shall provide bodily injury an::l. prcpert:y damage coverage to the foregoiIl3'
named CIT'{ an::l. individuals coveriIl3' all the Work perfoDned by, for, or on
behalf of said DE.VEroPER. Both bodily injury an::l. property damage insurance
IIDJSt be on an cx:x::ur:rence basis; an::l. said policy or policies shall provide
that the coverage afforded thereby shall be primaJ:y coverage to the full
limit of liability stata:i in the declarations, an::l. if the city, its
members of the City Ccmlcil individually an::l. collectively, an::l. the
officers, agents·,· and employees of the CITY, individually and
collectively, have ether insurance against the loss covered by said policy
or policies, that ether insurance shall be excess insurance only.
8
.
. A. :Each of said :policies of insI.lran:::e shall provide cove:rage in the
followin;r min:I:m:um aJICUI1ts: For bcxlil.y injw::y, $100,000 each person;
$300,000. each o::x:ur:rerre, property damage, $50,000 on account of any
ens oocurrence with an aggregatel:iJnit of not less than $200,000.
B. 'l1le DEVE!OPER shall file with the city Engineer at or prior to
the time of execution of this AGREEl>!ENl' by the DEVEI.OPER such evidence
of said foregoing :policy· or :policies of insI.lran:::e as shall l:e
satisfactory to said City Engineer. Eadl such. :policy or :policies shall
bear an endorsement preclu:iin;J the can::eJ.lation or reduction in
coverage without qivin;J the City Engineer at least ten (10) days
advance notice thereof.
C. In the event .that the PL-oject c:cveLed herein should l:e DILItually
situated in or affect the area of jurisdiction of a separate
municipality or :political sulxlivision of the state of california, the
:policies of insI.lran:::e :req)lired herein ani above shall co-name such
municipality or :political sulxlivision ani the provision set forth
herein and above for the protection of the CI.'I':{ shall equally apply to
municipality and :political sulxlivision.
23. MAPS AND/OR ~ PIANS
It is further ag:r:eed that the CI.'I':{ shall cbtain the followin;r map
arrl,Ior plans at the DEVEI.OPER'S eXpense:
A. A mylar sepia and seven (13) prints of fully executed parcel map.
B. A mylar sepia and ten (ll) prints of fully executed improvement
plans.
c. A di:rect duplicatin;J silver negative mc:rof1l:m aperature card of
all executed :i:mprovement plans ani map.
'l1le DEVEI.OPER agrees to pay the c:rrY from the develO];ll:OOl1t maintenance
deposit the cart: for all prints of plans ani map :req)lired under Item 23.
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administLators, executors,
successor, assignee and transfen:ees of the DEVEI.OPER. 'l1le assignment of
this AGREEl>!ENl' shall not l:e made without approval by the City CoUncil of
the City of eupe:rtino.
9
m WI'INESS WHElIDJF, CI'IY haS· cause:i its name to be hereunto affi.xe:l. by
its Mayor an::l Ci"\:y Clerk, thereunto duly authorized by resolution of the
City COUncil an::l said DEVELOPER has hereunto cause:i his name to be affi.xe:l.
the day an::l year first above written.
CI'IY OF C!lPERI'JNO:
lIpprcved as to fom:
DEVELOPER:
ExhilJit A Attadled -NOT APPLICABLE
jJ!JG'J(!)G':<9C:(!)C'lt!.I~t:GC':(!)~t:G~~~C':GG':<!
B @ OFFICIAL SEAIJ ~ . c,.· JENNY JACKSON ~ ~ ;~ NOTARY PUBLIC CALIFORNIA ~ 8 ~ SANTA CLARA COUNTY ~
)l My Commission Expires Jan. 2, 1991 ~
2Gl<l Gl<lGl<lG>:1Gl<l G>:1G>:1Gl<l Gl<l G>:1G>:l G>:1G>:1Gl<l'Gl
(Rev. 5/9/86)
State of California )
) ss.
County of Santa Clara )
On this First day of February in the year of
1987, before me, Jenny Jackson, a Notary Public,
State of California, duly commissioned and sworn,
personally appeared Mr. Bozo Margaretich, personally
kno\.m to me to be the person that executed this
instrument, and ackno\~ledged to .me that he executed
th e Same.
10
i
10300 Torre Avenue
Cupertino, california 95014
Telephone: (400) 252·4505
OFFICE OF THE CITY CLERK
February 5, 1982
Margaretich Construction, Inc.
Attention: Mr. Pero Margaretich
23640 Camino Hermosa
Los Altos Hills, California .94022
Dear Mr. Margaret~ch:
P.O. Box 560
Cupertino, California 95015
We are enclosing one (1) fully executed copy by City Officials of the Agreement
bet'.een the City of Cupertino and Margaretich Construction, Inc., along with·
a copy of Resolution No. 5807, which was enacted by the City Council at their
regular meeting of February 1, 1982.
Sincerely,
~-~~ p-fo1.-'" • ./ .P .
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
enc!.
ee: Public Works
-
RESOLUTION NO. 5807
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
APPROVING PARCEL MAP AND IMPROVEMENT PLANS
LOCATED ON CRESCENT ROAD; DEVELOPER,
CONSTRUCTION, INC.; AUTHORIZING EXECUTION OF
AGREEMENT; AUTHORIZING SIGNING OF PARCEL
IMPROVEMENT PLANS
OF CUPERTINO
OF PROpERTY
MARGARETICH
IMPROVEMENT
MAP AND
IVHEREAS, there has been presented to the City Council for approv.al of
the parcel map and improvement plans of property located on Crescent Road
by Margaretich Construction, Inc.; and
WHEREAS, there has been presented to. the City Council a proposed agreement
for the construction of streets, curbs, and gutters, and for other improvements,
and good and sufficient bonds (letter of credit), fees, and deposits as set forth
in Exhibit "A: having been presented for the faithful performance of said work
and the carrying out of s.aid agreement; and said map agreement, and bonds having
been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT . a. Said parcel map and improvement plans herein referred to are hereby
approved.
b, The offer of dedication for street areas and all easements is hereby
accepted.
c. The City Engineer is hereby authorized to sign said improvement plans.
d. The City Engineer and the City Clerk are hereby authoriz~d to sign said
parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized to execute the agree-
ment herein referred to.
PASSED AND ADOPTED at a regular.meeting of the City Council of the City of
Cupertino this 1st day of February ,1982 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Gatto, Johnson, Plungy, Rogers, Sparks
None
None
None
APPROVED:
lsi Dorothy Cornelius
Mayor, City () Cupertino City Clerk
" .,.
I I'
I
Resolution. No . .5807
Exhibit "A"
Development;
Developer:
Location:
SCHEDULE OF BO~~, FEES, AND DEPOSITS
Single-family dwellings
Margaretich Construction, Inc.
Crescent Road
A. Faithful Performance Bond:
Fifteen Thousand and no/lOO Dollars
B. Labor and Material Bond:
Fifteen Thousand and no/lOO Dollars
C. Checking and Inspection Fee:
Seven Hundred Fifty and no/lOO Dollars
D. Indirect CITY Expenses.:
One Hundred Thirteen and no/lOO Dollars
E. Map Filing Fee:.
Fifty and no/lOO Dollars
F. Development Maintenance Deposit:
Two Hundred Eighty and no/lOO Dollars
G. Storm Drainage Fee: •
Eight Hundred Ninety Seven and no/lOO Dollars
H. One Year Power Cost:
I. Street Trees:
J. Park Fees:
Four Thousand Three Hundred Twenty and no/lOa Dollars
K. Water Main Extensi.on Deposit:
One· Thousand Nine Hundred Twelve and no/lOO Dollars
$15,000.00
$15,000.00
$ 750.00
$ 113.00
$ 50.00
$ 280.00
$ 897.00
$ N/A
BY DEVELOPER
$ 4,320.00
$ 1,912.00
L. Water }lain Reimbursement to the City: $ 3,125.00
Three Thousand One Hundred Twenty-Five and no/lOO Dollars
~.
•
A G R E E MEN T
This AGREEMENT made and entered into this 1st day of
by
of
and
the
bet,ween
State
the
of
CITY OF CUPERTINO, a
California, hereinafter
February' 19 82 ,
municipal corporation
designated as CITY, and_Maxgaretich Canst. In~~~ hereinafter des~gnated
as DEVELOPER.
WIT N E SSE T H
WHEREAS, the DEVELOPER has made application to the CITY for a
parcel map and is securing a building permit from CITY to construct
and maintain a single family residential dwelling, hereinafter
referred.,to as "project."
WHEREAS, CITY hereby approves the improvement plans and specifi-
cations prepared for the project by HMH, Incorpoated; 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 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 Bond, Fees, and Deposit as set forth
in the following schedule: '.'
Page 1
'. SCHEDULE OF BONDS, FEES AND DEPOSITS
PART A. Faithful Performance Bond:
Fifteen Thousand and no/100 Dollars
PART B. Labor and Material Bond:
Fifteen Thousand and no/100 Dollars
PART C. Checking and Inspection Fee:
Seven Hundred Fifty and no/100 Dollars
PART D. Indirect CITY Expenses:
One Hundred Thirteen and no/100 Dollars
PART E. Map Filing Fee:
Fifty and no/100 Dollars
PART F. Development Maintenance Deposit:
Two Hundred Eighty and no/100 Dollars
PART G. Storm Drainange Fee:
Eight Hundred Ninety Seven and no/100 Dollars
PART H. One Year Power Cost:
PART I. Street Trees:
PART J. Park Fees:
Four Thousand Three Hundred Twenty and no/100 Dollars
PART K. Water Main Extension Deposit:
One Thousand Nine Hundred Twelve and no/laO Dollars
PART L. Water Main Reimbursement to the City:
$15,000.00
$15,000.00
$ 750.00
$ 113.00
$ 50.00
$ 280.00
$ 897.00
$ N/A
By Developer
$ 4,320.00
$ 1,912.00
$ 3,125.00
Three Thousand One Hundred Twenty-Five and no/100 Dollars
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO-WIT:
1. DEDICATION
Page 2
\
J... )
, ,
,(a) The DEVELOPEft offers to dedicate the real property shown
on Exbibit "A", which" is attached hereto and made a part hereof by
reference. Said dedicated property shall be free and clear of all
liens or encumbrances except those which the CITY shall waive in
writing. The DEVELOPER agrees not to revoke said offer of dedication,
and to keep said offer open until the CITY accepts offer by resolu-
tion.
(b) Upon execution of this AGREEMENT the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real prop-
erty described in Exhibit "A", 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:
(1) A preliminary title report issued by a title
insurance company relating to the property offered for
dedication~ said preliminary Title Report shall be
furnished by the DEVELOPER
(2) A standard policy of title insurance issued by a
title insurance company and insuring the CITY in the sum
of: N/A, and which shall show said property free and clear
of all liens or encumbrances except those as the CITY shall
expressly waive in writing~ said policy shall be furnished
at the time of acceptance of dedication and recordation of
deed.
(c) Upon the condition precedent that the DEVELOPER shall perform
Page 3
each --and every covenant and condition of this AGREEMENT, the CITY
a~rees to'accept said real property offered for dedication.
--. 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 En-
gineer. In the event the DEVELOPER fails or refuses to complete the
Work within the specified per~od of time, the CITY, at its sole op-
tion, shall be authorized to complete the work in whatever manner the
CITY shall decide. In the event the CITY competes the Work, 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 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 of Cupertino, and in
accordance with all plans, specifications, standards, sizes, lines and
grades approved by the CITY Engineer. The work shall be done in ac-
cordance with all state and County statutes applicable thereto. The
decision of the CITY Engineer shall be final as to whether any mate-
rial or workmanship meets the standards, specifications, plans, sizes,
lines and grades as set forth.
Page 4
',I c) It is further agreed that the Work shall be done in accor-
dance 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 considere'd 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 of Cupertino and/or the Cupertino Sanitary
District, the specifications of the CITY of Cupertino and/or the Cu-
pertino Sanitary District shall take precedence over and be used in
lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with section
Three of Ordinance No. 130 of the CITY of Cupertino by obtaining an
excavation permit from the CITY Engineer before the commencement of
any excavation in, on, or under the surface of any existing public
street, lane, alley, sidewalk, or other public place. It is further
agreed that the DEVELOPER shall notify the CITY Engineer of the exact
date and time when the proposed excavation is to commence.
4. QUITCLAIM DEED
Page 5
'.
It is further agreed that DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to
' ..
CITY authorization to extract water from the underground strata laying
beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed
and Authorization" in favor of CITY, when presented to him for sig-
nature.
5. BONDS AND OTHER SECURITY
(al Upon the execution of this AGREEMENT, the DEVELOPER shall
file with the CITY a faithful performance bond to assure his full and
faithful performance of this AGREEMENT. The penal sum of said faith-
ful performance bond shall be the full cost of any payment to be made
under this AGREEMENT, the value of any land agreed to be dedicated,
and any improvements to be made under this AGREEMENT. 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 adequate to assure full pay-
ment of all labor and materials required to construct said improve-
ments. The amount of said bonds shall be as designated by the CITY
Engineer. Said bonds shall be executed by a surety company authorized
to transact a surety business in the State of California and must be
approved by the CITY Attorney as to form and by the CITY Engineer as
to sufficiency. In the event that the DEVELOPER shall fail faithfully
to 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
Page 6
or otherwise indemnify the CITY for the DEVELOPER's failure to do so .
. . .
fb) In lieu of a surety bond, the DEVELOPER may elect to secure
' .. this AGREEMENT by depositing with the CITY:
(1) Cash; or,
(2) A cashier's check, or a certified check, payab~e to the order
of the CITY; or,
(3) A certificate of deposit, or instrument of credit meeting the
requirements of Government Code Section 66499 {bl 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
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the event that
the DEVELOPER shall fail faithfully to perform the covenants and con-
ditions 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 certl-
ficate of deposit, shall be made except upon approval of the CITY
Council.
(e) No interest shall be paid on any security deposited with the
CITY.
6. CHECKING AND INSPECTION FEE
Page 7
It is further agreed that DEVELOPER shall pay any and all neces-... direct expenses for inspection, checking, etc., incurred by CITY sary
in.connection with said project, and that DEVELOPER shall have depos-
ited with CITY, prior to execution of this AGREEMENT, the amount as
set forth herein at Page 2 (Part C). Should construction cost vary
materially from the estimate from which said sum is calculated, the
CITY Engineer shall notify DEVELOPER of any additional sum due and
owing as a result thereof.
7. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D).
7A. MAP FILING 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 No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at page 2 (Part I).
8. 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 E) as a development maintenance deposit to insure proper
dust control and cleaning during the construction period. The devel-
Page 8
opment maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or ma-
t~rials 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 improvement bonds.
9.A 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 said project in accordance with the requirements
established in Resolution 4422, March 21, 1977 in the amount as set
forth herein at Page 2 (Part Fl.
9.B WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further 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
until said monies are needed to implement improvements outlined by the
Director ·of Public Works or improvements outlined within an adopted
Water Master plan.
The amount shown herein at Part K, Page 2, shall be the full
amount due.
. ..
10. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior
Page 9
to execution of this AGREEMENT, the amount as set forth herein at Page
2' /part G), which amount represents the power cost for street lights
:1;or 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
with the standards of
CITY Engineer, plant street trees in conformance
the CITY of Cupertino. Variety of tree shall be
selected from the City approved list.
12. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees
and/or dedicate such land to the CITY, prior to execution, as is re-
quired within "Park Dedication Ordinance" Number 602, 1972 and which
is further stipulated under Part J., Page 2 herein.
1-3. MAINTENANCE OF THE WORK
It is further agreed that the DEVELOPER shall maintain the Work,
until all deficiencies in the Work are corrected to conform to the
plans and the CITY standards and specifications for' the Work. The
DEVELOPER shall, upon written notice thereof, immediately repair or
replace, without cost or obligation to the CITY of Cupertino, and to
the entire satisfation of said CITY, all defects and imperfections
arising out of or due to faulty workmanship and/or materials appearing
in said Work.
14. SANITARY DISTRICT
Page 10
'. . 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
AGREEMENT with the said District to install sanitary sewers to serve
all lots within said project 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.
Page 11
'. .
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, per-
taining to special assessments or bonds, have been complied with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY,
upon execution of this AGREEMENT, a letter from the Central Fire Pro-
tection 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 aQd stating that all necessary fees have been
deposited with said District to insure installation and five (5) year
rental fee of said hydrants.
17. STREET LIGHTING
It is further agreed that the DEVELOPER shall apply for the in-
stallation of electric power for street lighting at the earliest date
possible.
18. P. G. and E. and P. T. and 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 required for installation of overhead and/or under-
ground wiring circuits to all electroliers within said property and
Page 12
any and all fees required for undergrounding as provided in Ordinance
" ,
No. 3~1 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. 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 DE-
VELOPER 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 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
CITY.
20. HOLD HARMLESS
It is further agreed that, commencing with the performance of the
Work by the DEVELOPER or his contractor and continuing until the com-
pletion of the maintenance of the Work, the DEVELOPER shall indemnify,
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 whatsoever arising out of the performance or nonperformance
of the Work or the negligence or willful misconduct of the DEVELOPER
Page 13
or the DEVELOPER's agents, employees and independent contractors •
. -.
21. INSURANCE
It is further agreed that: The DEVELOPER 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 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 in-
surance against the loss covered by said policy • or policies, that
other insurance shall be excess insurance only.
(al Each of said policies of insurance shall provide coverage in
the following minimum amounts: For bodily. injury, $100,000 each per-
son; $300,000 each occurrence; property damag:e, $50,000 on account of
anyone occurrence with an aggregate limit of not less that $200,-000.
(b) The DEVELOPER shall file with the City Engineer at or prior
page 14
to the time of execution of this AGREEMENT by the DEVELOPER such evi-.. .
dence 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 10 days advance
notice thereof.
(c) In the event that the project covered herein should be mu-
tually 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 of cupertino Shall
equally apply to municipality and political subdivision.
22. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assign and transferees of DEVELOPER. The assignment of
this AGRE~~ENT shall not be made without approval by the City Council
of CITY.
Page 15
.' .
' .. IN WITNE'SS WHEREOF, CITY has caused its name to be hereunto af-
fixed by its Mayor and City Clerk, thereunto duly authorized by
resolution of the CITY council and said DEVELOPER has hereunto caused
his name to be affixed the day and year first above written.
CITY OF CUPERTINO
~"ZL-
CITY Att'j~
, ,
'STATE OF CALIFOR:<IA )
) ss.
COUNTY OF SANTA CLARA)
On ,19 • before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On,~~~~~~~~ __ ~ ____ ' 19~~, before me, the undersigned, a
Notary PUb~~~perSOnallY appeared, known to me
to be th~ ii; 7£UJ&L: of~L2tLtb~e
corporation that executed the within !nstrumento?known to me to be the person
who executed the within Instrument, on behalf of the Corporation 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.
OFFICIAL SEAL
ERMAlYN E GISTElU
NOTAIIY PU8LIC • CALIFORNIA
SANTA CUUlA COUNTY
My comm, "Piras SEP 24. 1982
vidaL" da)rd Notary ~lic in Jnd for the County
of Santa Clara, State of California
STATE OF CALIFORNIA }SS
COUNTY OF~o.. Cf.o,ko-,
~:; .. ~.;~~~~~;::;t:.:~.~~~.~~.~~::~;.~~~.~~~.~~:~::~~;r:=:~::
CORPORATION ACKNOWlEDGMENT
Form No. 14
....... :~.e~:tL .... m9J::"8a.x..eh·~ ......................... -..... known to me to be the
.. \f.l~.~ ... President, and ............... _ ...................................................................... _ ...... .
known to me to be the Secretary of the Corporation that exe~ted the within instru-
ment and the office:rs who executed the within instrument on behalf of the Corpora-. .
. tion therein named, and acknowledged to me that such Corporation executed the
within instrument pursuanLtv"L~y~-Ulal.~.~2~:b
Type or .... Jd.N.aA ......... b.: ..... k~.!"!.Ul.~_ ........ . . .
,
STATE OF California )
COUNTY OF Santa Clara )
-------------------~
On this ................................. J .. s. .. ~.~ ...... day of ........................................................ ::..':.I1.':'.':.:X ......... , 19.~.? ............ , before me
personally came ..... _ ............ G .. , .... A., ..... Y..i!.n. .... ?.B .. ".l<;.j,£~_ ............................. " ........................... , ............................................................ .
to be known, who being by me duly sworn, did depose and say: that he is Attorney .. in .. Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted to him in accor-
dance with the By .. Laws of the said Corporation, and that he signed his name thereto by like
authority.
5100.(11
tt<··:::· • LAURA JO SPACE l~,· . :\NOTARY PUBLIC-CALIFORNIA • S;, . '.; 'SANTA CLARA COUNTY · .. ·h~·.::; My Illmmission Elpies'May 31.1985 •••• o.n •• ~.c •••••••• ~
..C;f,!A.!> ~~~ .......... .. 1~ .... ·~·=(N~tlr;·Public )
,
•
,
EXECUTED
\BOND NO.
J.
IN DUPLICATE
552391
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEME~IT 1I0ND ,
(Subdivision Improvements)
KNOW ALL HLN BY THESE PRESENTS!
MARGARETICH CONSTRUCTION,INC.,A CALIFORNIA CORPORATION THAI WE,, ______________________________________________________________________ _
as Principal and _____ S_U_R_E_T_Y ___ I_N_S_U_R __ A-N-C-E---C-O_M_P_A_N~Y __ O_F __ C __ A_L_I_F_O_R __ N_I_A ______________________ _
as 'Surety are held and firmly bound untll. the hCity of CU'Dertin01.. State of Ca'ifo~n;i,.a. u.. Fifteen Thousand and NO/~OOt s-------~---------------~------the sum of _ ________________________________________________ "''"'' Dollars ($15, eee. eg, '5
lal.ful money of the United States, for the payment of 'Hhich will and truly to be made,
we bind ourselves, our heirs. executors, successors and assigns. jointly and severally,
firmly by these presents.
THE CONDITION of the foregoing obligation is such that,
W"rlEREAS. said Principal ,vill perform all necessary improvements relative to ____ ..:..-a parcel map
located IC)Q55 Crescent Road
in accordance with the approv-e-d~-Im-p---.o-v-e-m-e-n-t~P~l~an--s--p-r-e-p-a-r-e-d~b-y--~H-.~h~.~H~.-,~I~M~C-.-----------
__ ~~-~~~~~~--_.-~~--~~--._~--~~------------------Civi1 Engineer on file in the Engineer's Office, City of ~Jpertino.
WHE3.Ei'.S" Improvements shall be completed within one (1) year from the date of
Acceptance of this bond by the City Council.
WHEREAS, Improvements shall be maintained for a period of at least one (1) year after
acceptance of construction by the City. This bond shall be in full force and effect
through the period of maintenance as provided in said contract. The maintenance period
shall continue until such time that all deficiencies of constr"",tion are correcud to
the satisfaction of the Ci ty Engineer I s Office. ' •
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the
covenants and obligations as set forth above, on its part to be done and performed at
the time and in the manner specified therein, then this oi>l:i.gation.shall b,e_nuJ,l,.and
. void; o-therwise tllis bond-shall remain in fuii force and effect.
IN HITNESS lfiHi.0F, this ins trument
Surety this day of
(To be signed by
Principal and Surety
and acknaH1edgment)
has been duly executed by the Principal and
January ,19 82 •
Ey:
MARGARETICH CONSTRUCTION •• INC. A CALIFORNIA CORPORATION
BY:~~/L/~
Principal
SURETY INSURANCE COMPANY OF CALIFORNIA
The above bond is accepted and approved this _____ day of
19 __
'-, \
. \ EXECUTED IN DUELICATE
S$ND NO. 552391-,
LABOR AND MATERIAL BOND
(Subdivision Improvements)
. Klrow ALL MEN BY THESE PRESENT:
~EREAS, the City of Cupertino, State of California, and
MARGARETICH CONST. INC.
'-
hereinafter designated as "Principal" have entered into or are aboul: to enter
into a contract providing for the installation, construction. and erectipn by
Principal of certain improvE!ments more particularly described in said contract;
and
WHEREAS, said Principal is -required to furnish a bond in connection with
said contract, providing that if said Principal, or any of· his or its sub-
. contractors, shall fail to pay for any' materials, provisions, provender or-
other supplies or teams used in, upon, for or about the ,performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the sure-ty on said bond shall pay the same to ·the extent hereinafter set forth;'
SURETY INSURANCE ~OMPA~Y OF NOW, THEREFORE, we, the ~r;ncipal, and __________________________________ ~-
CALIFORNIA -
as Sure ty, firmly bind ourselves, our executors,. admiriis trators, successors
and assigns, joint:ly and severall)', -unto the City of 'Cupertino', and any and
all materialmen, persons, compaf,ies, -or corporations furnishing--materials,-
provisions, provender or other supplies used in, upon; for or about Lhe per-
formance 'of the aforesaid work contracted to -be executed or perfonr.ed under the
contract hereinabove mentio'ned, and all persons, companies or corporations lend-
. ing·or hiring teams, implements ormach!nery, for or contributing to said work
to be done, and all persons who perform York or labor upon the-same, and all
persons who supply both' york and materials, whose claim has not been patd by
Principal or by any other person, in the just and full sum of
Fifteen Thousand and no/100 Dollars
($ 15,000.00 --------------------------------) .
THE ,CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or-its
subcontractors, heirs, executors,. administra,tors, successors or assigns. shall
fail to pay for any materials, provisions, pr.ovender or other supplies or teams'
used in, upon, for or about the performance of the work contracted to be done,
or for any ,",ork or labor thereon of any kind. or for amounts due under the Un-.
'employment Insurance Act with respect to such work or labor, then .said Surety
will pay the same and also "ill pay in case suit is _ brough t upon this bond,
such reasonable attorney's fee as shall be fixed by 'the Court.
This bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 1184.1 of the Code of Civil·
Procedure, so as to give a right of action to them or their assigns in anY,suit
brought upon this bond.
,
STATE OF california
COUNTY OFSanta Clara
On this ..................................... 1. .. ~ .. t.:h.: ......... day J anuary 19 .... ~.~ ...... _ .. , before me
personally came ................... ~ .. : ..... F:: .. : ..... .Y.~.~ .... ~.':.:'.~.~E.~ .. _ ......................... , ................................. _ ..... _._ ... _ .................. _ ........ _._
to be known, who being by me duly sworn, did depose and say: that he is Attorney .. in .. Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted to him in accor ..
dance with the By .. Laws of the said Corporation, and that he signed his name thereto by like
authority.
5100-01
tJ%.., LAURA JO SPACE
: .,...' . ~I,'~ NOTARY PUBLlC·CALIFORNIA
• ;j., .':If: SANTA CLARA COUNTY
'. , : .. V My CIImmission flpires May 31, 19I1I
••••• ••• , ••• c •••• o •••••• ¢.~
.4.~.~ ........... .
(Notary Public)
, .
' ..
Lab or-and !'o.tl'ri:.'l, j)uud Fog!'! :?
And the sa.i.u Surety, for value rccei v~d, hereby ·s Cipull!tes, and agre~s,
"tnat rl0 (;panga, extension of til~';' .:lIte ration, or addition to che terms of
'the contract or to the ~10rk to be p"rformed thereunder or the spedfical:ions'
accompanying the'san.e shall in any wise affact its obligations on chis bono;
'and it ,do~s hereby "aive notice of any such change " e,;:tension_ of ,time', alte;:-,
ation or addition Co the terms of the cantract or to the work ar to the speci-
fications.
IN vllTNESS I-nlEREOf, this instrument has been duly executed,
, 19..J!.l.....
by th~ Pr~ncipal
and'Surety this 15th day of Ja·nuary
(To be signed by
Principal and Surety
and ackn~~ledgmenl
end notarial seul
attached. )
•
By:
MARGARE~lCH CONST. lNG.
BY~~~ rincipa!
SIIRETY lNSIlRIINCE CO!.JP UIY OF C1lt:t.IFOR,NIA
Surety
/. ,~/7ff ~ ~~~-
,ttorne.y-in-:-Fact, G. 1\. V",n Bu'sklrk
The "bo .... e bond is accepte". and approved 'this ____ day _of
\ ,
iap
SuretlJ Jnlurance CompanlJ 01 Calilornia
~, '~e DollQrS and Sense Surety"
HOME OFFICE IN J.A HABRA, OALIFORNIA
_2430
~ BOO:ra. OaUtorDla 90031 CERTIFIED COPY OF POWER OF A'ITORNEY 2713 No.. ........... __ .•.••......•.• _ •••
• ...Know a/Infeft bll ILese pnsentsl That Surety Insurance Company of California, .a. caUtorola Corporation, hav ..
Ing Its principal Office In the City of La Habra. County of Orange. Smt.. of Calitornla. pursuant to the following By-Law.
whIch were adopted by the Directors of the said COmpany on the 9th day of April, 1969 and are now in effect, to .. wit:
uArtlcle IV. Section 1(b). The President shall have power and authority to appoint Attorneys-In-Fact, and .a.uUtorize
them to execute on behalf of the Company, bonds and undertakings, recognizances. contracts of Indemnity, and other writ~
Ings obligatory tn the natun thereof, and he may at any tlme In hiB judgment remove any such appointees and revoke the
authority given to them,"
Baa made, constituted and appointed and by these presents does make, constitute and appOint
Gilbert A. Van Buskirk San Jose, California .......................... _ •...•.•..•... _ ............... _ .... _ ...•.... _ .......••....•••••••.•.... _ ..... of .......... _ .......................•................. _ ....................... _ ............... _ .............. .
its true and Jawful agent and attorney·ln-fact, to make, execute, seal and deliver for and on Its behalt as surety. and as
Its act and d""d. all of the following classes of documents. to wit:
Indemnity. Surety and Underta}dngs that may be desired by contract. or may be
given In any action or proceedIng'in any court of law or equity; policies indemnifytng
employers against loss or damage caused by the miscondUct of their employees, official,
ourety and fidelity bonds.
THE AUTHORITY OF THIS POWER OF ATTORNEY IS LIMITED TO
One Hundred Fifty Thousand Dollars ($150,000.00) .. _ ... _ ..................... _ ........................................................... ~ .................. -..•........ _ ................................. .
FOR ANY SINGLE BOND.
THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK-
. December 31, 1982 100 EXECUTED PRIOR TO ................................................... _ ........................................... _ ...... .
And the e,,,'."utlo,'!(Of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully to all Intents and purposes, no If they had been dUly executed and acknowledged by the r.gularly
elected at its office in La Habra. California in their own proper persons.
IN~,:.~:2~~~~~~~::~.In ..... anc. Company of California haa cauoed thea. presents to be signed by Its duly
a oeal to b. h.r.unto affixed thilI ............. !.!!;h .... day Of._.P..~S!l!!lP.!i'.F. ........ _ ..• 19 .. !?L ..
SURETY INSURANCE COMPANl" OF OALJF()R:'''IA
SS:
... -.-~ ... ---. John F. MerrUl
President
COUNTY C>.F":t>s4ioll:m.~
On uJ:~~~.day OL ... D..:::::::~=': .. _ ................. A.D. 19 ... ~! ..... before the 3ubllcriber, a Nota.ry Public of the State of
California. In and for the County' of Orange. duly commissioned and qualifl.d. cam. John F. Merrill. President of SURJ!lTY
INSURANCE COMPANY OF OALJF()RNIA, to me p.rsonally known to be the Individual and owcer descrlb.d ln, and
who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he i8 the officer of the sald Company aforesatdJ and that the seal affixed to the preceding instru-
ment Is the Corporate Seal of oald Company. and the said Corporate Seal and his Signature as officer were duly affixed
and subscribed to the said Instrument by the authority and direction of the said Corporation, and t.h8.t Article IV, section
7(b) ot the By-Laws of ae.ld Company. ref.rred to In the preceding loatrument, Is now In fa ......
IN TESTIMONY WHEREOF, I have hereunto •• t my hand; and affixed my Official Seal at the City of La Hab ..... the ~4 ..
CERTfFICA TJON
OFFICIAL SEAL
BEVERLY J.BERG
NOTARY PUSLle-CAl.IFORNIA
PRINCIPAL OFfICE IN
ORANG!! CaUl/TY
19.115
I. the,underslgned. certify that I am the Secr.tary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the Power of Attorney remains in full force and efi'ect, and has not been revoked: and furthermore that Article IV Section
7(b) By-Laws of said company as set forth in said Power of Attorney. are now in full force and effect. •
. IN TESTlM?NY WHEREOF, I have hereunto subscribed my name a~!ixed th~:.,orpora~e seal of the said Company
thlaJ.? ..... day °tiiEALi .... ···i!.·<:!·!!-l!~!.:t.· .. ······• 19.~.~_... ""'_/¥£~~'~iP"'R:'''GiIiiert
~ (Rev. 12/80)
•
,
STATE OF CALIFORNIA
COUNTY OFS::U'\lCl... CJ...cu-a..,
LINDA L. LOCKWICK
NOTARY PUBLIC· CALIfORNIA
SANTA CLARA COUNTY
My commission expire, Jan. 27,1984
, I ,
" ~ ..
CORPORATION ACKNOWLEDGMENT
}ss
~:~;i!.~~~~~-;;;~-~;;:;;-;;;;;;~;;.~:!:::;::::
.P.em .... ro~ ................. c. ..................................... .known to me to be the
, .. V.fef!l..President, aJld ....... b ............................. : •• " ..................................... m .... "m'"
known to me to be the Secretary of the Corporation that executed the within instru-
ment and the officers who executed the within instrument On hehalf of the Corpora-
fit~!,9a:f,d of Directors.
Notary's Signatu '" " "'''''b'''''''''''''''':'''''''''''' .""7",.,.""""",,,,,,,,,,,,,, ",'"'' "."""'~
Type or PrInt Notary's/Nrune ...... 6LN.Q,A:""."b:""",~w..l.c.!.~""" ..
"
"
STATE OF California
COUNTY OF Santa Clara
On this ............................... !: .. S..!::E ............... day of ....................... __ ............. _ ....... _ ..... :!..~.:.:.::.':.:::.Y. ....... , 19 .. ~3 ........ _ .. , before me
personally came ..... _ ... § .. , ..... f;,.., ..... y..e .. '.1 ... !1.::l.!?!si~_Js ...... ____ .. __ ... _ ........................... _ ......... , ........................................ , .. , ...... _ ....... .
to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said
instrument is such eorporate seal; that it was so affixed by authority granted to him in accor-
dance with the By-Laws of the said Corporation, and that he signed his name thereto by like
authority .
,~ LAURA JO SPACE ~~".1f.'~ NOTARY PUBlIC-CALIFORNIA ,~ .' 'II: SANTA CLARA COUNTY
' ... ' "" My Illmm~sinn f:I;1~1S May 31. 191\\
. ~~ ......... .
(Notary Public)
5100-01
, "
,',
EXECUTED IN DUPLICATE
BOND NO. 552392
~lll-;jAL PREHIll'!'l $ ________ _
FAITHFUL PERFORMANCE AND COMPLETION IMPR~~\.D
(Subdivision Improvements)
. JAN 181982
r...."WW ALL }l:;:;N BY THESE PRESENTS;
• THAT WE; ____ ~M~A~R~G~A~R~E~T~I~C~H~C~O~N~S~T~R~U~C~T~I~O~N~,=I~N~C~,~,A~~C~A~L~I~F~O~R~N~I~A~~C~O~R~P~O~R~AdT~I~O~N~ ____ __
as Principal and SURETY INSURANCE COMPANY OF CALIFORNIA
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Eight Thousand Three Hundred and No/lOOths----------------
----------------------------------------~------------Dollars ($ 8,,3 00 ,.,0 0------)
lal"ful money .of the United States, for the payment of which will and truly to be made,
we bind ourselves, our heirs, executors, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION of the foregoing obligation is such that,
WiiEREAS, said Principal ,,,ill perform all necessary improvements relative to ____ __
a parcel map
loca ted 1 0 1 i 5 C res c e n t Ry,;o"'a!O,d~----------_=_::_--------_:_:------------------in accordance with the approved Improvement Plans prepared by __ HJ:L..,Ml,-.lH~ . .f..f..l.I:'N'l:C::-'.~;--____ _
, Civil Engineer
-o-n~f~i~l-e~i-n~t~h-e~E~n-g~i-n-e-e-r·,-s~O~f~f~i-c-e-,~C~i~t-y--o~f~C~u-p~e=r=t7in~0-.-----------
WHE~'5, Improvements shall be completed within one (1) year from the date of
Acceptance of this bond by the City Council.
~'HEREAS, Improvements shall be maintained for a period of at least one (1) year after
acceptance of construction by the City. This bond shall be in full force and effect
th~ough the period of maintenance as provided in said contract. The maintenance period
shall continue until such time that all deficiencies of constr~tion are corrected to
the satisfaction of the City Engineer's Office. ' •
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the
covenants and obligations as set forth above, on its part to be done and performed at
> the time and in the manner specified therein, then this obligatj..sm shal!.,be Bull_.and
void; otlierwise'this borid'sj:i'al1 remain in full force and effect. ,
IN viITNESS WHEREOF, this instrument has been duly executed by the Principal and
• Surety this 15th day of January, 19.J:8",2~_'
(To be signed by
Principal and Surety
and acknaNledgment)
MARGARETICH CONSTRUCTION,INC., A LIFORNIA CORPORATION
SURETY INSURANCE COMPANY OF CALIFORNIA
3y: '~~~
Attorney-in-cact, G. A. Van Buskirk
The above bond is accepted and approved this ____ day of
19 ___ ,
iap
..
' .. /.
EXECUTED I~ DUPLICATE
BOND NO. 552392
LABOR AND MATERIAL BOND
(Subdivision Improvements)
KNOW ALI, MEN BY THESE PRESE!."!:
>MEREAS, the City of Cupertino, State of California, and
MARGARETICH CONSTRUCTION,INC. ,A CALIFORNIA CORPORATION
•
hereinafter designate<l as "Principal" have entered into or are about to enter
into a contracf providing for the installation, construction. and erection by
Principal of certain improvElmen-ts more particularly described in ssid contract;
and
WHEREAS, said Principal is ·required to furnish !I bond in connection with
said contract, providing that if Baid Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or"
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the surety on said bond shall pay the same to -the extent hereinafter set forth;
NO!", THEREFORE, we, the l'r;ncipal, and SURETY INSURANCE COMPANY OF
CALIFORNIA"
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, 'unto the City of 'Cupertino, and any and
all materialmen, persons, compafiies, "or corporations furnishing "materials.-
prOVisions, provender or other supplies used in, upon; for or about ~he per-
forr.lance of the aforesaid work contracted to -be executed or performed under the
contract hereinabove mentioned, and all persons, companies or corporations lend-
ing or hiring teams, implements or machinery, for or contributing to said work
to be done, and all persons who perform work or labbr upon the 'same, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person. in the just and full sum of
Eight Thousand Three Hundred and NojlOOths------------------------
--------------------------------------($8,300.00---------------).
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal. his or-its
subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay for any materials, provisions, provender or other supplies or teams"
used in. upon, for or about the performance of the work contracted to be done,
or for !I.."ly work or labor thereon of any kind, or for amounts due under the Un-
employment Insurance Act with respect to such work or labor, then said Surety
will pay the same and also will pay in case suit is _ brought upon this bond.
such reasonable attorney! s fee as shall be fixed by the Court.
This bond shall inure to the benefit of any and all persons. companies, and
corporations entitled to file claims under Section 1184.1 of the Code of Civil
Procedure, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
iap
•
STATE OF California)
COUNTY OF Santa Clara)
)
-----------)
On this ............. m •••••••••••••••••••••••• }. •• ? .. t.h ..... day of .......................... _ ..................... !!..':t.~ .. u..~.r..y. ........ _ .. _, 19 ..... t3 .. ? ......... , before me
personally came ..... _ ............ G .. , ...... !) .. , ..... y..':t.!! .. _!?.~.~.~}E.J<:_ .. _ ... _ .•.......•..•.. _ ..•. _ ......•...... _ ... : .•...•......•.•....... _._ ............. _ ........ .
to be known, who being by me duly sworn, did depose and say: that he is Attorney·in-Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted to him in accor-
dance with the By-Laws of the said Corporation, and that he signed his name thereto by like
authority. . . ,
5100-01
.' "".:!::"". UlUF'.J\ JO SPACE
!' "" ' '\ IiOTARY PUBUC-CAUFORNIA i os:: '; SANTA CLARA COUNTY
My Ilillllllissilll! &pires May 31. 1!1115
· "
"
S1 A 1E OF CALIFORNIA
COUNTY OF~","I k\.. (',i()xa....,
Uf;DA L LOCKI'JIGK
N01A?Y i><Jauc· CALIFORNIA
$Af\TA CL~KA COUNTY
My commledon expire$ hm. 27, 1984
CORPORATION ACKNOWLEDGMENT
Form NO'. 14
}ss ,"
OR .. '' ..... ~.<J.~"J~ ... " .... -.. -".-.:---...... -.. :,.-.-.. , 19,?R ~efore me, the
undersigned, a Notary Public in t;d for said County and State, persorially appeared .Pe.m""ro~.Q"t.e.-"t.--------.--------.-----..... --,----.:known,~ ,me to be the
,,:VI.Ce,.,President, all,L* ______ ., ___ =,=::== __ .: _________ . ___ : ________ ~ __ . ___ . _________ ,--------------.
known to me to be the Secretary of the Corporation that'executed the withln instru-, '
ment and, the officers who executed the within instrument on behalf of the Corpora-
tion therein named, and ackno ged to me that sue
within instrument pursuant it
Notary\ Signatu '" __ """'~,~.""""'" ".":"""""""""".""""""."""""",,l:;,k~:,
Type or P~otary" ,Name".",b,L~Q.8:",,,,,h:,,,,,,,,~4JLC(~,,,,.,,.
, .. •
•
. .
La.bor and S.::lt(·ri~l. Dund
l.nd the $~itl SlIn,ry. for value r~c"iv(.:d, hereby stipulates: and agre!:s
that flO change, extension of til'.·". "Uerat1cm or Dddit10fl to ~he terl!lS of
'the contract or to the \Jork to be p~rIormed thereunder or the specifica1:ionl'!
accompa::lying the SIi",C 5h,,11 in any ""1se affcc~ its olligations on this hOllO,
and it does hereby >;aivc notice of any such ch.:mge, c/:tension. of .tilll€, altel:-
ation or addition to the terms of the contract or to the work or to the spcc.i-
fications.
IN HITNESS HHEREOF, this instrument has been duly executed, by the Pri.ncip"l
and Surety this 15th day of . January , 19-R.
(To be signed by
Principel Dud Sure to'
and acknowledgm~nl
~nd notari31 se~l
attacl,ed. )
By:
SURETY INSURANCE COMPANY_OF CA4IFORNIA
Surety
.~~~
Attorney-iDe-fact; G. A. Van: B.uskirk
Tbe 't?ove no"d is a.~cepte~ :md approveD this ____ day of
19
iap
Suret. JnAurance Compang 01 Calilornia
"The Doll ... and Sense Surely"
HOME OFFlOE IN LA HABRA. OALIFORNIA
CERTIFIED COPY OF POWER OF ATfORNEY 2713 No_ ........... _.~._ ......... _ •
• ...J( .. ow all ... e .. "8 It."ge p,."",,,, .. lsl That Surety Insurance Company of Callfornla. a California Corporation. Ilav.
Ing its principal Office in the City of La Habra, County of Orange, State of Callfornia, pursuant to the following By .. Laws
will"" were adopted by tile Directors of tile said Company on til. 9t1l dey of April. 1969 and are now In effect, to-wit:
"ArtIcle IV. Section 7(b). The President shall have power and authority to appoint Attorneys-In·Fact. and autllorlze
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ-
Ings obl1gatory in the nature thereof, and be may at any time in his judgment remove any such appointees and revoke the
authority given to them."
Has made, constituted and appointed and by these presents does make, constitute and appoint
Gilbert A. Van Buskirk San Jose, California ................ _ ............. _ ......• _ ..... _ .............. _ ........................ _ ................... of ................... ,.,., ... _ .. _ ........... ,,, ................. _ ................ _ .. ______ ....... _ ... , ........ .
lts true and lawfUl agent and attorney~ln-fact. to make, execute. seal and deUver for and on its behalf as surety, and as
its aot and deed. all of the following classes of documents, to wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given In any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misoonduct of their employees. official.
surety and fIdelIty bonde.
THE AUTHORITY OF THIS POWER OF ATTORNEY IS LIMITED TO
One Hundred Fifty Thousand Dollars ($150,000.00) ... _ ............................ _ ....... _ ......... _ ................................... _ ............................. _--_ ............................... .
FOR ANY SINGLE BOND.
THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK·
December 31, 1982 ING EXECUTED PRIOR TO ................•.... _ .......• _ ...... _ ....................... _ .................. __ .. _ ........... .
And the execution of such bonds or undertakJngs in pursuance of these presents, shall be as binding upon said Company
as fully and amply, to aU intents and purposes, as If they had been duly exeouted and acknowledged by the regularly
elected officers of the Company at its office in La Habra~ California in their own proper persons,
ty Insurance Company of California has caused these presents to be signed by 1ts duly
au ~:-'iiii1rIbo~~~. seal to be hereunto affix ed this ............ J!.!;1J._ ... dey of ...... P.~f'_~P.€'................. 19 .. ll1. .. .
~ SURETY INSURANOE OOMPANY OF OALlFORli"IA ~ '" ::;
1$'
COUNTY of'bFWI:lim;';'''---SS:
~~ ... ~ .. -~.-........ .
John F. :Merrill
President
On tIlIP.!:.?..day of ...•.• p..7.;;.~~!:=: ..................... A.D. 19 .. _~~ .... , before the subscriber. a Notary Public of tile State of
california, itt and for the County-of Orange. duly commissioned and qualified. came John F. Merrill, President of SURE'l:Y
INSURANOE OOMPANY OF OALIFORlI,'IA. to me personally known to be the Indlvldual and officer described In. and
who executed the preceding instrument, and he acknowledged the exeOuUon of the same, and being by me duly sworn,
deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru.:.
ment 10 til. Corporate Seal of said Company. and til. said Corporate Seal, and Ills signature as officer were duly affixed
and subscribed to the said instrument by the authority and direction of the said Corporation. and that Article IV. Section 7{b) of the By-Laws of said Company. referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto •• t my hand; and affixed my Official Seal at tile ~~4NOO of La Habra, tile
CERTIFICATION
OFFICLAl..SEAl..
BEVERLY J. BERG
NOTARY rUBLiC-CALIFORNIA
PRtNC1PA.lOFFfCE IN
ORANGE COUNTY
My cllmm,.hm El;,nm Jtlly S. 19li):
1, the' undersigned. certify tIlat I am tile Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and thet
the-Power of .Attorney remains in full torce and effect, and has not been revoked; and furthermore that Article IV, Section
1(b) By .. La'A"S of said company as set forth in said Power of Attorney, are now in full force and effect.
IN T~~~O~ '\VR:mREOF, I have hereunto subscribed my name ~:ixed th:~rpora~e seal of the said Company
tIlis.:J.!.'.o .. day O~SEALi········J.·a.n.lJ."'b..}I. .. -..• 19 .. !l.':L.. . ........ L¥:Z~~.~Hp ... iC.Giibert
_1_.12/80)
,
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\
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RESOLUTION NO. 5245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY
LOCATED ALONG CRESCENT ROAD DEVELOPER, HEFLIN INVESTMENT
COMPANY, INC. AUTHORIZING EXECUTION OF IMPROVEMENT AGREE-
MENT; AUTHORIZING SIGNING 'OF PARCEL MAP AND lllPROVEMENT
PLANS CONTINGENT UPON COMPLETION OF ANNEXATION
WHEREAS, there has been presented to the City Council for approval of
the parcel map and improvement plans of property located along Crescent Road
by Heflin Investment Company, Inc.; and
WHEREAS, there has been presented to the City Council a proposed agreement'
for the construction of streets, curbs, and gutters, and for other improvements,
and good and sufficiel1t bonds (letter of credit), fees, and deposits as set forth
in Exhibit "A" having been presented for the faithful performance of said work
and the carrying out of said agreement; and said map agreement, and bonds having
been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that upon completion of the annexation and
the incorporation of the land into the City of Cupertino that the following actions
occur:
void.
a. Said parcel map and improvement plans herein referred to are hereby
approved.
b. The offer of dedication for street areas and all easements is hereby
accepted.
c. The City Engineer is hereby authorized to sign said improvement plans.
d. The City Engineer and the City Clerk is hereby authorized to sign said
parcel map and have it recorded.
e. The Mayor ,and the City Clerk are hereby authorized to execute the
agreement herein referred to.
If the annexation is terminated, then this resolution shall become null and
PASSED AND ADOPTED at a regular meeting of the City Counc'i1 of the City of
Cupertino this 3rd day of March , 1980, by the following vote:
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Re,,~ ltion No. 5245
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Members of .. the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jackson, O'Keefe, Rogers, Meyers
None
Sparks
None
lsi Dorothy Cornelius
City Clerk
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APPROVED:
lsi Robert W. Meyers
Mayor, City of Cupertino
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• ~ '" Resolu t10n No. 5245 , '
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" EXHIBIT t-'Au,. ,., . " '. '. ,. '.
SCHEDULE OF BOND, FEES., AND DEPOSITS
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DEVELOPMENT: Single-Family Dwelling
Heflin Investment Company, Inc.
LOCATION Crescent Road
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Fa.:!.:hful hrlorMnc:. lIond.: $ 8.300.00
Eight thousand three hundred dollars.
• Labor and. t!a 'C:er1al Boud.: $' __ ~8~3~O~O~ ______________ __
Eight thousand three hundred dollars.
Chec:ki::l.g and. I:I.spec::!.on Fee: $. __ ~3~6~5~.0~O~ ________ __
,I
Three hundred sixty five dollars. i
Ind..::l.r ac::: C1 ty Ix:p enses : $ ____ ~5~5.~O_0 ________ ___
Fifty five dollars.,
Devalop1ll2n::: Hai:1l:!!T!ance Deposi::::,
Three hundred ten dollars.
5:::0::::11 Drainage Fee: $ __ ~1~.~4=19~.~O~0 ___________ __
One thousand four hundred nineteen dollars.
QQ. Year, Pover Cost:: $, ____ ~N~/=A __________ ___
$ ___ b~y~De~v~e~l~o~pe~r~ ______ __
~'P Checld.ng Fee:, 50.00 ~~------------------
pi tty dOl Jars
Pa:k Fee: $ (, A 04 0 00
Six ttigtTsand fOTty dol Jars ';
• ~ $ 1 , 63(' 00
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This AGREEMENT made and entered into this 20th day of
__ ~J~u~n=e _____________ " ~9~, by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter designated as CITY, and
__ ~H~e~f~l~~~'~n~I~n~v~e~s~t:rnWEe~n~t~C~o~rn~p~a~n~y~I~n~c~.~,~a~C~a~l~i~f~o~r~n~i~a~C~o~r~p~o~r~a~t~i~o~n~ _________ ,
hereinafter designated as Developer.
WHEREAS, the Developer has made application to the CITY for a
Parcel Map
and is securing a building permit from CITY to construct and maintain a
Single Family Dwelling
hereinafter referred to as ('Project."
WHEREAS, CITY hereby approves the :l:mprovement plans and specifications
prepared for the Project by ____ ~H~.~M~.~H~.~Iunuc~o~rp~o~r~a~t~ed~ ____________________ ~_
a true copy of said improvement plans and specifications are on file in the
office of the City Engineer of Cupertino; and WHEREAS, t~e .same are incorporated
herein by reference, the same as though set out in fti~; new, therefore, said
improvement plans and specifications shall be llereinafter called "the Plans, '~
and the work to be done under the plans' shall be ca~ed "the Work."
"WHEREAS, pursuant to the .pravisions of this AGREEMENT, theCrrY ,hereby
establiShes the amounta of Bond, Fees. and Deposit as ·set forth in the fOllowing
schedule:
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Scm:out::: OF BOl'<1l, Fl!:ZS. A..'m DEPOSITS
P.ut! A.. Fa:!:i:h£ul Pufo=c:.e 30'110.: $ 8,300.00
Eight thousand three hundred dollars.
PART B. Labor and Ma,t:erial Baud.: $' __ ~8~.~3wQwQ~·02~ ____________ _
Eight_ thousand three hundred dollars.
PAR.'l' C. Checking and lJ:Ispec:.t:ic'I1 he: 365.00
Three hundred sixty five dollars.
PAR.'l' D. Inwect C1ry !:rpenses: $ .55.00 '..-----------------
Fifty fiv'e::dollars. '.-
310.00
Three hundred ten dollars.
P.ut! F. S tor.!! Drainage Fee: $ 1,419.00
One thousand four hundred nineteen dollars.
PART G. Cue Year Power Cos!:: $, ____ ~N~/A~ ________ ___
PART 'K. Tree Fees: $, __ ~b~y~De~v~e~l~o~p~er~ ______ __
PART I. Map Check:.:l.ng Fee: . $ 50.00
Fifty dOllarS
'PAR.'l' J. Perk. Fee: $ __ ~6.Q~4~O~QWO ____________ _
Six tbpl1§§nd forty do' J are
PARl' K. Waeer :Maiu E:itl:el:1sio'l1 Deposit:
One thousand six hundred thirty four dollars.
NOW, =!R 'l:'VOU , IT IS B'F'B!ilY MIJ'!tfALLY AG!!FD by and betwee'l1 the parties hereto
1. DEDICAXION
(a) '!lie Developer oifers to dedicate ·the real propert:y sho= 0'11
Exhb1 t .",l.", whic:h is at:'tached aereto and mad.e a parr: her.eai by reference. Said
ded~~ted property shall be free and clear of all l~ens or encumbrances ~~cept
chose which the CITY shall expressly wa~ve in wr~ting. The Developer agrees not
to revoke said offer of dedication, and to keep said offer open until the CITY
accepts said offer by resolution.
~) Upon execution of this AGREEMENT the Developer agrees to deliver
a properly executed grant deed to the CITY of the real property described in
E:dl:!.bit "An, and such other executed conveyances, or instruments necessary to
convey clear title as herein required. The Developer shall prov~de, at the
Developer's sole cost and expense, to the CITY:
(1) A preliminary title ~eport issued by a title insurance company
relating to the property offered for dedication; said Preliminary T~tle
Report shall be furnished __ ~p~r~L~'o~r~t~o~d~e~d~~~c~a~t~L~'o~n~ ____________________ ___
(2) A standard policy of title insurance issued by a t~tle insurance
company 'and insuring the CITY in the sum of $ N/A , and
which shall show sa~d property free and clear--o-;f=-"'a-:l:';l~l:-i:-e-n-s--o-r-:--e-n-c-um--;-br-ances
except those as the CITY shall. expressly waive in writing; sa~d pcl~cy
shall be furnished at the time of acceptance of dedication andrecordat~on
of deed.
(c) Upon the condition precedent that the Developer shall perform each
and every covenant' and condit~on of this AGREEMENT, the CITY agrees to accept sa~d
real property offered for dedication.
2. INSTALLATION OF WRX
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 sale option, shall be authorized to complete che 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.
(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 of Cupertino, and in accordance with all plans, specifi-
cations, standards, sizes, lines and grades approved by the City Engineer. The
Work shall be done in accordance with 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 Department of Public Works, Division of High-
ways, State of California" dated January, 1973 and in accordance with the speci-
fications of the Cupertino Sanitary District where applicable.
Wherever the words "State" or "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 Ci ty Engineer.
In case of conflict, ,between 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 conflic ting por,tions.
3. EXCAVATION PElL"!I!
It is further agreed that the Developer shall comply with Section Three of
Ordinance No. 130 of the City of Cupertino by obtaining an excavation permit from
the City Engineer before the commencement of' any excavation in, on, or under the
surface of any existing public street, lane, alley, sidewalk, or other public place.
It is further agreed that the Developer shall notify the City Engineer of the exact
date and time when the proposed excavation is to commence.
4. qUITCLAI:1 DEED
It is further agreed that Developer, when re<l;ue.sted by. tru. CIl'Y, shall
quitclaiI:l all ,his rights and interests in,and shall grant to CITY authorization
to extract water from the underground strata lying bene.a,th said project and
Developer agrees to execute a "Quitclaim Deed and Authorization" :i:n favor of
CITY, when presented to him for s:i:gnature.
S. BONDS .o\J."ID OTHER SECURITY
(a) Upon the execution of this AG~, the Developer sha.ll file with
the CITY a faithful performance bond to assure Ms full and faithful perfoI:mance
of this AGREEMENT. The penal sum of said faithful performance bond shall be the
full cost of any payment to be made under tMs AGREEMENT, the value of any land
agreed to be dedicated, and any improvements to be made under this AGR.'EEMENT. In
the event that improvements are to be made under tMs AGREEMENT, the Developer
shall, in addition to said faithful performance, file with the CITY a labor and
materials bond in a penal sum adequate to assure full payment of all labor and
materials required to construct said improvements. The amount of said bonds shall
be as designated by the City Engineer. Said bonds shall be executed by a surety
company authorized to transact a surety business in the State of California and
must be approved by the City Attorney as to form and 'by the City Engineer as to
sufficiency. In the event that the Developer shall fail faithfully to perform the
covenants and conditions of this AGRE~rr, or to make any payment, or any dedica-
tion 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.
Cb) In lieu of a surety bond, the Developer may elect to secure this
AG~rr by depOSiting with the CITY:
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(1) Cash; or,
(2) A cashier's check, or a certified check, payable to the order
of the CITY; or,
(3) 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 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 the Developer furnished the CITY
with a surety bond. In the event that the Developer shall fail faithfully to
_perform the covenants -and conditions of this AGREEMENT, 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, check, or certificat~ of
deposit; shall be made except upon approval of the City Council.
(e) No interest shall be paid on any security deposited with the CITY.
6. CHECKING AND 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 AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should con-
struction cost vary materially from the estilllate from whic:."-said sum is calculated,
the City Engineer shall notify Developer of any additional sum due and owing as a
result thereof.
7. L'mIRECT EXPENSES
It is further agreed that Developer shall pay to CITY, prior to execution
of this AGREEMENT, indirect expense allocable to processing these improvements,
the amount as set forth herein at Page 2 (Part D) •
7A. HAP FILING FEE
It is further agreed that the Developer shall deposit with CITY, prior
of street monument in compliance ~th Section l of Ordinance No. 47
(Revised 12/4/61) of CITY, the amount as set forth herein at Page 2
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(Part I).
8. DEVELOPMEh'T M.UNT!.:.'<ANCZ DEPOSIT
It is further agreed that the Developer shall pay to the CITY,
prior to execution of this AG~~, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust control
and cleaning during the construction period. The development maintenance
deposit may he utilized for repairs of defects and imperfections arising out
of or due to faulty workmanship 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 ~ll be returned after the release of the
improveme);lt ,,~E,?.!I'
9 .A. STOR.'! DRAINAGE FEE.
It is further agreed that the Developer shall deposit ~th the
CITY, prior to execution of this AGREEMENT, a storm drainage charge in
connection witn said project in accordance ~th the requirements established
in Resolution 4422, March 21, 1977 in the amount as set forth herein at Page 2,
(Part F).
-.-.~ -_. ~~-~. --. ~. ~ . -. J . B. WATER MAIN EXTENSION DEPOSIT
The Developer further agrees to deposit with the City those monies
required to comply r.r.:I,th "Policy on Water Main Extensions Work alld Deposits"
dated 9/30/77. The deposit shall be held by the City until said monies are
needed to implement improvements outlined by the Director of Public Works or
improvements outlined within an adopted Water Master Plan.
The amount sho~ herein at Park K, Page 2,'shall be the full amount due.
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.10. ONE YEAR POWER COST
It is further agreed that tha Developer shall pay to CITY prior
to execution· of this AGREEMENT, the amount as set forth herein at Page 2
(Part G), whicn 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 J?ay 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" Number 602, 1972 and wldcn is further stipulated
under Part J., Page 2 herein.
13 . MAINTENANCE OF THE WORK
It is further agreed that the Developer shall maintain the Work,
until all deficiencies in the Work are corrected to conform to the Plans
and the CITY standards and specifications for the I'ork. The Developer shall,
upon written notice thereof, immediately repair or replace, without cost
or obligation to the City of Cupertino, and to the entire satisfaction of
said CITY, all defects and imperfections arising ·out of or due to faulty
workmanship and/or materials appearing in said Work.
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14. Sfu~ITARY DISTRICT
It is furrher agreed thar the Developer shall file with CITY,
upon execution of this agreement, a letter from the Cuperrino Sanitary
District stating that the Developer has enrered into a separate AGREEMENT
with the said District to install sanitary sewers to serve all lots within
said Project 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
execurion of this AGREEMENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
speCial asseSSlllents or bonds, bave been complied with..
16.. CE'NTRAL FIRE DISTRICT
It is further agreed' that the Developer shall file with 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 LIGHTING
It is further agreed that the Developer shall apply for the installation
of ele~tri~ power for street lighting at the earliest date possible.
18. P.G.&,E. ~~ P.T.& T.
It is further agreed that the Developer shall pay to Pa~ific Gas and
Electric Company and/or to Pacifi~ Telephone and Telegraph Company any and all
fees required for installation of overhead and/or underground wiring circuits to
all ele~troliers within said property 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 Electri~ Company and/or Pacific
Telephone and Telegraph Company that said fees are due and payable.
19. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way ne~essary for
completion of the Project shall be acquired by the Developer at his own cost and
~~ense. 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 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 allowan~e 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 CITY.
20. HOLD I!AR.?1LESS
It is further agreed that, cOllll!lencing with the perfor.nance of the Work
by the Developer or his contractor and continuing until the completion of the
maintenance of the Work, the Developer shall indemnify, hold harmless and defend
the CITY from and against any or all loss, ~ost, expense, damage or liability,
or claim thereof. occasiOned by or in any way whatsoever arising out of the perfor-
mance or nonperfort:lance 9f the vlork or the negligence or rilliul misconduct of
the Developer or the Developer's agents, ecployees and independent contractors.
21. INSURA1~CE
It is further agreed that: The Developer 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, individuelly 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 be.1-jalf 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 be excess insurance ouly.
(a) Each of said policies of insurance shall provide coverage in the
following minimum amounts, for bodily injury, $100,000 each person; $300,000 each
occurrence; property damage, $50,000 on account of anyone occurrence with an ,
aggregate limt of not less than $200,000.
(b) The Developer shall file with the City Engineer at or prior to the
time of execution of this AGREEMENT by the Developer such evidence of said foregoing
policy or policies of insurance as shall be satisfactory to said City Engineer.
Each such policy or policies shall bear an endorsement precluding the cancellation
or reduction in coverage without giving the City Engineer at least 10 days advance
notice thereof.
(c) In the event that the Project covered herein should be mutually
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STATE OF ~~F~RN tl), .
COUNTY OF e£4U-
) 55.
)
, lrJ6, befere! me,
County and State, duly
be the persons whose names are subscribed to the within
instrument, and ackno>lledged to me that they executed the same.
official seal .the day and year first hereinabove
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situated in or affect the area of jurisdiction of a separate municipality or
political subdivision of the State of California, the policies of i~urance 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 of Cupertino
shall equally apply to municipality and political subdivision.
22.. SUCCESSORS
This AGREEMENT sha~l bind the heirs, administrators, executors, successors,
assigns and transferees of Developer. The assigtllllent of this AGREEMENT shall not
be made without approval by the City Council of CITY.
IN WITNESS WHEREOF, sud CITY has caused its name to b,e hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council
and said Developer has hereunto caused his name to be affixed the day, and year
first above written.
CITY OF CUPERTINO
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DEVELOPER
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<2-~/,tl.hl"'-' C'p'"'' -4,_
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Acknowledgements and Exhibit{s) ________ ~attached.
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STATE OF CALIFORNIA )
) 5S.
COUNTY OF SAN'rA CLARA)
On , 19 ___ , before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
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CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFOR..'UA )
) ss.
COUNTY OF SANTA 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 Corporation 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, State of California
. .
AGREENENT
This Agreement made and entered into this 24th -~=-:'='------' June,
_..::1:;:9...:8:.:0=-___ by and between the City of Cupertino, a municipal corporation of
the State of California, hereinafter-designated as City, 'and Hargare,tich Cons truction
Company, Incorporated, a California Corporation hereinafter designated as
Developer.
TREREFORE:
The parties hereto agree that the certain agreement by and between the City
and H,eflin Inves tment Company, Incorporated ,~larc:h .3, 1980, a Califo'rriia Corporation
is to be assumed by the Developer. Therefore all fees paid under that City/Heflin
Agreement are to be tr,msfetred and shall be construed to be paid i?y the Developer.
Hence the Developer agrees to assume ",11' obligations of the referenced agreement
and to post a new bond to cover the obligation to constructstreetst?mains and
appurtenant items.
0"
Approved as to
•
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On ,19 ,before me, the undersigned, a
Notary Public in and for said State, p;r$ona11y appeared
known to me Co be the persons whose names are subscribed to the within
Instrument, and.acknowledged to me that they executed the same.
!.fITNESS my hand and official seal.
Notary Public in and for the County
'of Santa Clara, State of California
CORPORATION ACKNOI,"LEDGEMENT
STATE OF CALIFORNIA )
) 55.
COUNTY OF SAl.'IT.-I. CLARA)
On j, 19 tv , before me, the undersigned, a
"]~o i°l-/.4-iililjP""mll
Y .,,~< ... k_ '0 ~
to be the I1c'e, =:J of ./!!u. ~ & ,the
corporation that executed the within Instrument nowu'to me to be the person
who executed the within Instrument, on behalf 0 the Corporation 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
sea1'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, State of California