82-031 Lincoln Cupertino Associates, Limited, Resolution #5978 •
/?. - „ WLTN GOV CY:I 6103
, RETURN TO CITY
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OF CUPERTINO AGREEMENT H1.76FacE60a
70300 TORR AVE.
Cu:ERyy INO, 9CqA�igQhi�t made and entered into this 15th day of
T1S AGREI;N1;'NT ---------
November
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November , 1982, by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter designated as "CITY" ,
and LINCOLN CUPERTINO ASSOCIATES LIMITED, a California Limited Partner
ship, hereinafter designated as "DEVELOPER. "
WITNESSETH _
WHEREAS, the DEVELOPER is the Owner of certain unimproved real
property, located in the City, described on Exhibit A attached hereto,
hereinafter designated as the "Property. "
WHEREAS, the DEVELOPER has made application to the CITY for a
building permit from CITY to -construct and maintain a commerical •
building on the Property, hereinafter referred to as "Project. "
WHEREAS, the CITY hereby agrees to permit DEFERMENT of certain
required development improvements, hereinafter designated as the •
"Deferred Improvements" , and defined in Exhibit B attached hereto, in
accordance with the provisions of this AGREEMENT; and
WHEREAS , the DEVELOPER hereby agrees to provide necessary im-
provement plans and specifications at such time as they may be required
by the City Engineer or 'as provided ,herein; and_
WHEREAS , the DEVELOPER further agrees to perform at his sole cost
all the work necessary to complete installation of the improvements
defined in Exhibit C attached hereto and of the Deferred Improvements
which will be required in accordance with those plans to be prepared;
and
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1176 F.CE604
WHEREAS , the DEVELOPER agrees to provide bonds, cash payments , or
- other guarantees as outlined herein to assure compliance with conditions
of development approval; and
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amounts of Bonds , Fees, and Deposits as set forth
in the following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
Improvement Category - Category 1 (980-206 .42)
PART A. Faithful Performance Bond: $8 , 300 . 00
For those Improvements defined in Exhibit C:
Eight Thousand Three Hundred and no/100 Dollars
Torre Avenue Realignment within Frontage is Deferred
Intersection Improvements are. Deferred
PART B. Labor and Material Bond: $8, 300 .00
For those Improvements defined in Exhibit C:
Eight Thousand Three Hundred and no/100 Dollars
PART C. Checking and Inspection Fee: $ 498 . 00
Four Hundred Ninety-Eight and no/100 Dollars
PART D. Indirect City Expenses: $ 75 .OQ
Seventy-Five and no/100 Dollars
PART E. Development Maintenance Deposit: $ 250 .00
Two Hundred Fifty and no/100 Dollars
PART F. Storm Drainage Fee: $4 , 265.00
Four Thousand Two Hundred Sixty-Five and no/100 Dollars
• PART G. One Year Power Cost: N/A
PART H. Street Trees: By Developer
PART I. Map Checking Fee: N/A
PART J. Park Fee: N/A
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PART K. Water Main Extension Deposit N/A
Hi76 i' 6E6O5
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows ; TO-WIT :
1. DEDICATION
(a) It is anticipated by the Parties to this Agreement that
City may, at such time as the City elects to extend Torre Avenue to the
North, wish to realign Torre Avenue. Upon written notice from the City
that the City is undertaking such realignment of Torre Avenue, Developer
agrees and hereby covenants for itself and its successors in interest
to dedicate, and grant in the form attached hereto as Exhibit D, an
easement for roadway purposes over a triangular strip of land on the
west side of Torre Avenue as described in Exhibit E attached hereto.
Should the City elect to extend Torre Avenue without re-
alignment, the City shall , upon acceptance of the improvements for the
extension of Torre Avenue, file for record in the Office of the County
Recorder of Santa Clara, State of California, a copy of a Resolution
of City wherein City releases Developer or its successors from any
further obligation to dedicate the property described in Exhibit E.
(b) In the event Developer, pursuant to (a) above, dedicates'
the property described in Exhibit E,. Developer agrees :
(1) That said dedicated property shall be free and clear
of all liens or encumbrances except those which the City shall waive in
writing; and
(2) To provide to City at Developer ' s sole cost and
expense a preliminary title report relating to the property offered
for dedication and issued by a Title Insurance Company.
(c) Upon the condition precedent that the DEVELOPER shall
perform each and every covenant and condition of this AGREEMENT, the
CITY agrees to accept said real property offered for dedication.
1A. ASSESSMENT DISTRICT
Pursuant to condition 16 of Building Permit Application 7-U-81,
DEVELOPER agrees, for itself and its assigns and successors , to partici-
pate in the formation of any local improvement district duly formed under
assessmentdistrict law with DEVELOPER'S proportionate share of assess-
ments determined per assessment district law.
2. INSTALLATION OF WORK
It is further agreed that:
(a) The DEVELOPER shall install and complete the Improvements
referenced in Exhibit C, hereinafter designated as the "Work" , with
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, as its sole option,
shall be authorized to complete the Work in whatever manner the CITY
shall decide. In the event the CITY completes the Work, the CITY may
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Hi76I GE6OC
- recover any and all costs incurred thereby from the DEVELOPER or
the DEVELOPER's surety or both. It is further agreed that DEVELOPER
shall install and complete the Deferred Improvements , as shown on
Exhibit B, within one year from the date of notice from CITY to
undertake such Improvements .
b) The DEVELOPER shall install and complete- the Work in a good
and workmanlike manner in accordance with the plans as approved by
the City Engineer of Cupertino. The Work shall be done in accordance
with existing ordinances and resolutions of the CITY and in accordance
with all plans, specifications , 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 work-
manship 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 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.
Where the words "State" or "California Division of Highways" are
mentioned in the State Specifications, it shall be considered as re-
ferring to the CITY of Cupertino; also wherever the "Director" or
"Director of Public Works" is mentioned, it shall be considered as re-
ferring to the City Engineer.
In the case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino Sanitary District shall
take precedence over and be used in lieu of such conflicting portions .
3 . EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY 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.
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- 4. QUITCLAIM DEED H176 FACECO7
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.
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5. BONDS AND OTHER SECURITY
(a) Upon the execution of this AGREEMENT, the DEVELOPER shall
file with the CITY a faithful performance bond to assure his 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
or otherwise indemnify the CITY for the DEVELOPER' S failure to do so.
(b) In lieu of a surety bond, the DEVELOPER may elect to secure
this AGREEMENT by depositing with the CITY:
(1) Cash; or,
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( 2) A cashier' s check, or a certified check, payable to the order
of the City of Cupertino or,
(3) A certificate of deposit, or instrument of credit meeting the
requirements of Government Code Section 66499 (b) or (c) .
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H176 ?M E 608
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• (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 certi-
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
It is further agreed that DEVELOPER shall pay any and all neces-
sary direct expenses for inspection, checking, etc. , incurred by CITY
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) .
8 . DEVELOPMENT MAINTENANCE DEPOSIT
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H17C PEE 609
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-
opment maintenance deposit may be utilized for repairs of defects and
.imperfections arising out of or due to faulty workmanship and/or ma-
-±erials 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 F) .
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
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
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 street trees in conformance
with the standards of the CITY of Cupertino. Variety of tree shall be
selected from the City approved list.
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12. PARK FEES H1, 64 cE61U
It is further agreed that the DEVELOPER 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.
13 . MAINTENANCE AND ACCEPTANCE OF THE WORK-
It is further agreed that the Developer shall maintain the
Work until such time as the Work is accepted and for a period of
one year from the date of such acceptance. The- City agrees to
accept the Work at such time as the Work is completed and all de-
ficiencies 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 satisfaction 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
It is further agreed that the DEVELOPER shall file with the 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..
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H176 PAGE 611
15. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon
t: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 and stating that all necessary fees have been
deposited with said District to insure installation.
17 . STREET LIGHTING
It is further agreed that the DEVELOPER shall apply for the in-
stallation of electric power forstreetlighting 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
any and all fees required for undergrounding as provided in Ordinance
No. 331 of CITY when DEVELOPER is notified by either the City Engineer
or the Pacific Gas and Electric Company and/or Pacific Telephone and
Telegraph Company that said fees are due and payable.
19. 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 DEVELOPER at
his own cost and expense. It is provided, however, that in the event
eminent domain proceedings are required by the CITY for the purpose of
securing said easement and right-of-way, that the DEVELOPER shall
deposit with CITY a sum covering the reasonable market value of the
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• . .land proposed to be taken and to ,. be included in said sum shall be a
reasonable allowance for severance damages, if any. It is further
provided that in addition thereto, such sums as may be required for
legal fees and costs , engineering, and other incidental costs in such
reasonable amounts as the CITY may require shall be deposited with the
City of Cupertino.
• 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
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.
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(a) 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 damage, $50 , 000 on account of
any one occurrence with an aggregate limit of not less that $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 evi-
dence of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies
• Page 10
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H176 PAGE;613
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 jurisidction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CITY -shall equally apply
to municipality and political subdivision.
22 . DEFERMENT
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It is further agreed that the DEVELOPER shall furnish, construct
and install at his own expense, either upon six (6) months notice from
the CITY, in which event the Work must be completed within one (1)
year thereafter, or in the absence of such notification, no later than
five (5) years and six (6) months from date of this AGREEMENT, the
improvements for the Rodrigues Torre Intersection described in Exhibit
B.
In addition, DEVELOPER agrees to furnish, construct and install
at its own expense the improvements along the Property frontage to
accomodate the realignment of Torre Avenue referenced in paragraph 1,
should the City elect to undertake such realignment pursuant to the
provisions of Paragraph 1 herein. -
Until such notification is made by CITY, or such times has -
elapsed, Sections numbered two through twenty-one, excepting Section 9 ,
et al, are hereby deferred. The DEVELOPER further agrees to cooperate,
upon notice by the CITY, with other property owners , the CITY and other
public agencies to provide the improvements set forth herein under a
joint cooperative plan, including the formation of a local improvement
district, if this method is feasible to secure the installation and
construction of the improvements
23. SUCCESSORS - RUN WITH LAND
This AGREEMENT shall bind the heirs, administrators, executors ,
successors , assigns and transferees of DEVELOPER. Itis agreed and
understood that this AGREEMENT shall be filed for record in the Office
of the County Recorder of the County of Santa Clara, State of
Calfiornia and that the covenants in this AGREEMENT shall run with the
land, a description of which is contained in Exhibits A, which is
attached hereto and made a part hereof by reference, and are for the
benefit of the other lands in the CITY of Cupertino.
H176 nct614
IN WITNESS 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
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Approved as t form:1-74. Mayor: �� �1 ��
C Attorney City Clerk-
te-
DEVELOPER: 4itiea.N duvriityN6 M6 i4 saMrn
►' Y T3 'e4.f4 'nuc
MANAG mi G 6FSN'4Re4;l_ 2rk1k7'L.
Acknowledgements and Exhibits A through E attached.
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STATE OF CALIFORNIA ) Hi�J.��, {6'±•5 z
SS.
COUNTY OF SANTA CLARA)
;,ir. �J J• ~'c jai
/ J S A,.
•
On this day of �� yam' dayof -�,2[
��i/D,P,17 ,
•
in the year of /yea , before me Dopa i /'/�,fi e ( . /one /os ,
personally appeared � ,p_ �1
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
WITNESS my hand and official seal.
rowsco ccscococo Cocom cipce csact
8OFFICIAL SEAL
• ,:': DOROTHY MARIE CORNELIUS 2fyL9
`.y.—t Z-' NOTARY PUBLIC-CALIFORNIA c
SANTA CLARA COUNTY Not- y Publicr n and for the County
My Commission Expires Feb. 17, 1984 of Santa Clara, State of California
ACU'MG,C COC(9C.l9G.l`iC,,:d .CA:06 GA.,:Gl963.0,
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CORPORATION ACKNOWLEDGEMENT
•
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day of day of
in the year of , before me
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as president (or secretary)
or on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
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
6/29/82
H176 PAGE616
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ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED.AS
FOLLOWS :
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PARCEL TWO
ALL OF PARCEL 2, AS SHOWN UPON THAT CERTAIN MAP ENTITLED,
"PARCEL MAP BEING A SUBDIVISION OF LOT 9 OF TRACT 3743
(186-MAPS-36 & 37) " , WHICH MAP WAS FILED ' FOR RECORD IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA, ON DECEMBER 12 , 1978 IN BOOK 432 OF MAPS,
AT PAGE 3 .
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• EXHIBIT A •
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• EXHIBIT B
Deferred Improvements H176PAGE617
The Torre Avenue Realignment: Installation of improvements
along property frontage to accommodate shift-of Torre Avenue,
per condition 17 of Application 7-U .-81, as confirmed by the
City Council in the City' s letter of April 8, 1982 to
Developer.
The Rodrigues/Torre-Avenue Intersection: Installation of
textured paving treatment per condition 20 of Application
7-:U -81, as confirmed by the City Council in the City' s letter
of April 8 , 1982 to Developer.
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EXHIBIT C H176FA,E618
• Non-Deferred Work
Public_Right-of=Way
A. The DEVELOPER is required to install City standard sidewalks along
the total frontage of the Development. If dedication is required,
the DEVELOPER further agrees to provide such dedication of sidewalk
easements as may be required by the City Council.
B. The DEVELOPER is required to install a storm drain system which
serves the site.
The work outlined herein above is shown on those certain plans prepared
by Design and Engineering Systems, Inc. , dated 8/23/82, as approved -
by the City.
Hi 76 FAGS 619
GRANT OF EASENENT
FOR ROADWAY PURPOSES
grant (s) to the CITY OF CUPERTINO, for public roadway
purposes , together with the right to construct, repair , operate
and maintain any and all public utilities and improvements which
shall be or become necessary for preservation of the Public safety,
welfare or. convenience , the hereinafter' described property which is
situate in the City of Cupertino , County of Santa. Cla:•a , State of
California, and as described as follows :
(Description attached)
IN WITNESS WHEREOF, executed this day: of
, 19
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(Notary acknowledgment
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to be attached)
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EXHIBIT D
TANGENT:
15° 15' • H176F46E620
N89' 0320° W
18.50'
hJ 69° 03' 20' W 476.00'
q0%
[rA :<: POINT OF - E.CORNER/
ljc� 6CGiN NiNr; TRACT 343
=
970. 00
A= I&°09'44"
L: 132.5e,'
AREA OEWIGATEP
803 sa. —._ N
: to
��
) rJ 84°051,9°14
PAROL 2
PORTION of LOT9 TRPcT 3743 -
01
432c.v. ,
V. I
601 —�
A
c')
• \91 • •
111-401,
f RODRISUES FIVE.
EXHIBIT E