82-034 Santa Paula Place, Resolution #3339 „=TURN ;o 7995088
NC) FEE; IN ACCORDAP;CW
10300 T.:, .,v Auqi. •
WITH 60V CODE 6103 CUPERTIN , CA OJ14 I + P:GE26$
AGREEMENT
This AGREEMENT made and entered into this 3 day
of 41.,n41 , 19 St , by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter designated as CITY, and SANTA PAULA PLACE, A LIMITED
PARTNERSHIP, hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY and has
secured a building permit from CITY to construct and maintain an
single family residence, hereinafter referred to as "Project. ”
WHEREAS, the CITY hereby agrees to permit DEFERMENT of the
required development improvements in accordance with the provisions
of this AGREEMENT; and;
WHEREAS, the DEVELOPER hereby agrees to provide necessary
improvement 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 those
improvements which will be required in accordance with those plans
to be prepared; and
WHEREAS, the DEVELOPER agrees to 'provide bonds, cash payments,
or other guarantees as outlined herein to assure compliance with
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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 - Deferred
PART A. Faithful. Performance Bond: Deferred
PART B. Labor and Material Bond: Deferred
PART C. Checking and Inspection Fee: Deferred
PART D. Indirect City Expenses : Deferred
PART E. Development Maintenance Deposit: Deferred
PART F. Storm Drainage Fee: $292. 00
Two Hundred Ninety-Two and no/100 Dollars
PART G. One Year Power Cost: Deferred
PART H. Street Trees: By Developer
PART I . Map Checking Fee: Deferred
PART J. Park Fee Deferred
PART K. Water Main Extension Deposit: $50'0 . 00
Five Hundred and no/100 Dollars
PART L. Maps and/or Improvement Plans : By DEVELOPER
Page 2
I 351 PIGS 297
• NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. DEDICATION
A. The DEVELOPER offers to dedicate the real property
show on Exhibit "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 resolution.
B. Upon execution of this AGREEMENT the DEVELOPER agrees
to deliver a properly executed grant deed to the CITY of the real
property 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
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 each and every covenant and condition of this AGREEMENT,
the CITY agrees 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 Engineer. In the event the DEVELOPER fails or refuses to
complete the Work within the specified period of. time, the CITY, at
its sole option, shall be authorized to complete the Work in
whatever manner the CITY shall decide. In the event the CITY
completes the Work, the CITY may recover any and all costs incurred
thereby from the DEVELOPER or the DEVELOPER' S surety or both.
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
Page 3
I 351 P_ISE 298
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
hereto. 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 most current Standard Specifications of the
Department of Public Works, California Department of
Transportation, State of California, and in accordance with the
specifications of the Cupertino Sanitary District where applicable.
Wherever the words "State" or "California Division of Highways"
are mentioned in the State Specifications, it shall be considered
as referring to the CITY of Cupertino; also wherever the "Director"
or "Director of Public Works" is mentioned, it shall be considered
as referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District,
the specifications of the CITY and/or the Cupertino Sanitary
District shall take precedence over and be used in lieu of such
conflicting portions.
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.
4. QUITCLAIM DEED
It is further agreed that the 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 signature.
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
faithful 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,
Page 4
I 351 F!GE 299
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 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 so do.
B. 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 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) .
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 conditions of this AGREEMENT, or to make any
payment, or any dedication of land, or any improvements herein
required, the CITY may apply the proceeds of said security thereto.
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 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 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) .
Page 5
I. 351 ,x:.: 30O
. 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 development maintenance deposit may be 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 will be returnedafter
the release of the improvement bonds.
9A. 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) .
9B. 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 and adopted Water Master Plan.
•
The amount shown herein at Part R, 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. THE INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER 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.
Page 6
I 351 ?!&E 301
, 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
required within "Park Dedication Ordinance" Number 602, 1972, and
. which is further stipulated under Part J, Page 2 herein.
13. MAINTENANCE OF 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 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 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 construction of
the said sanitary sewers and to insure maintenance of said sanitary
sewer in conformance with the provisions as set forth .in Paragraph
13 above has been filed.
15. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all
provisions of Section 66493, Article 8, Chapter 4 of the Government
Code, pertaining to special assessments or bonds, have been
complied with.
16. 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 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.
17. STREET LIGHTING
It is further agreed that the DEVELOPER shall apply for the
installation of electric power for street lighting at the earliest
date possible.
Page 7
I 351 P:GE 302
18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH •
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 underground 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 Teltphone. 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 land proposed to be taken andto 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 completion of the maintenance of the Work, the DEVELOPER shall
indemnify, hold harmless and defend the CITY from and aginst. 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
Page 8
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I 351 °AGE 3O3
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
only.
A. Each of said policies of insurance shall provide coverage
in the followingminimum amounts: For bodily injury, $100, 000
each person; $300,000 each occurrence, property damage, $50, 000
on account of any one occurrence with an aggregate limit 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 ten (10) days 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
separatemunicipality 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. MAPS AND/OR IMPROVEMENT PLANS
It is further agreed that the DEVELOPER shall furnish CITY with
the following maps and/or plans at his own expense:
A. A mylar sepia and seven (7) prints of fully executed
parcelmaps._____
B. A mylar sepia and thirteen (13) prints of fully executed
tract maps.
C. A mylar sepia and eleven (11) prints of fully executed
improvement plans.
D. A direct duplicating silver negative microfilm aperature
card of all executed improvement plans and maps.
It is agreed that the sepia, prints and microfilm of maps will
be furnished within one month following recordation at the County
of Santa Clara.
It is also agreed that the sepia, prints and microfilm for
improvement plans will be furnished within one month following the
signing of the plans by the CITY.
23. DEFERMENT
It is further agreed that the DEVELOPER shall furnish,
construct and install at his own expense, either upon six ( 6 )
Page 9
I 351 F:GE 304
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 following improvements:
Any and all street improvements as approved by the Director of
Public Works .
Until such notification is made by CITY, or such time has I .
elapsed, Sections numbered 2 - 21, excepting 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.
24. SUCCESSORS - RUN WITH LAND - A.P .N. 357-04-004 •
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVELOPER. It is 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 California and that the covenants in this AGREEMENT shall run
with the land, a description of which is contained in "Exhibits A
and B" , which are attached hereto and made a part hereof by
reference, and is for the benefit of the other lands in the City of
Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto
affixed by its City Manager and City Engineer, 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
•
Approved as to form:
• City, 'Manager `\
,:
i
ty A , • :4!r i / / ity `Eng' ? •
•
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AJA-
DEVELOPER:
•
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Acknowledgement and Exhibits A and B Attached.
Page 10
t
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STATE OF CALIFORNIA, • -x51 ?ICE
305
r _— 3.G County of_ -•-
On thit_3~ . ..day of_ ---- ,isn�the year one t and ryine
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hundred and Y.. -.—_._.before me,.�A' t7 D ..y._.✓._.7a.eP.�C_...j7h� 1!d,
GOCOGIDG:OG:'UcoGOafiJeosX4cd9cUaisA. a Notary Public, Sta a of California, duly commissioned and sworn, personally appeared
OFFICIAL SEAL Day — —.... ._.c7 Mel--_-.._.-Rr._h-./2C.&._a _...._..:............ ........._...._...._
DOROTHYMARIE CORNELIUS . a} -.._....___...._..._......_.......__..__.....—._._.__...._......._...._...._..._—.........._..:._.._._...._...._.........._
9 NOTARY PUBLIC-CALIFORNIA a ,known to me to be one of the partners of the partnership that executed the within instrument,
c-c' SANTA CLARA COUNTY and acknowledged tome that such partnership executed the some.
My Commission Expires Feb. 17, 1984 I. IN WITNESS WHEREOF I have ereunta set y hand and affixed my official seal,
I -r N_,.._L�r+�i�.O�fhe day and year in this
Mat .sorsa)cActDc.ocucucwW ionlig nwi in the r • County of—_
r -certificate first above written.
J This document is only!general may ler Yb in transactions
and in M�rer acts.ort intended to act.as a w011aufa fit,IM eMte of an attorney
..._ ...... ... .. .._...._.�.. ....—...._...._....
Th.areal[,ewe nal make any warranty.ether express m smeeM.IS to me use Notary Public,State of California.
' assns of any erarmon or the suitability of these forms m any wcdrt nene[cuun. •_ /7— 0
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Cowdery's Form No.29—(Acknowledgment—Partnership)
-- - - ..__ �. f-.. • ,
I 351 ME 306
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 whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
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 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
•
1351 P:6E 337
•
•
EXHIBIT A
•
Real property situated in the City of Cupertino, County of Santa Clara,
• State of California, described as follows:
• The southerly 10 feet of Section 26A, as laid out and delineated upon
that certain Map entitled, Map of Las Palmas, Monte Vista, which said
Map was filed for record on the 11th day of April, 1917, in Map Book
P at page 17, Santa Clara County Records.
Said southerly boundary of said section being the northerly boundary
of Santa Paula Avenue.
A.P.N. 357-04-004
• I 351 P46E 308
f1 1.11;1- 11
Order No: 451858
Page: 3
LEGAL DESCRIPTION
Real property situated in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Sections 26 and 26A as laid out and delineated upon that certain Map entitled,
Map of Las Palmas, Monte Vista, which said Map was filed for record on the
11th day of April, 1971 , in Map Book P at page 17, Santa Clara County Records.
EXCEPTING THEREFROM the interest conveyed to the City of Cupertino, Recorded
December 5, 1983, Book I122, page 633, Official Records.
•
A.P. No: 357-04-004
RETURN TO CITY
OF CUT-1:1 T n,so
• 10300 T^_.l:i:72 AVE. iiII �j •
. CU 'ERTiNn, CA 05014 II
Oa➢ P
4 ME 579
INCYFEEINAC4-C,-;:DANCr.7 AGREEMENT
WITH 60V CODE 6103
This AGREEMENT made and entered into this 9th day of
September , 1982 by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter designated as CITY, and
SANTA PAULA PLACE, A LIMITED -PARTNERSHIP
hereinafter designated as Developer. •
WITNESSETH
WHEREAS, the Developer has made application to the CITY for a
Tentative Map
and is securing a building permit from CITY to construct and maintain a
a single-family residence
hereinafter referred to as "Project."
WHEREAS, the CITY hereby agrees to permit deferment of required development
improvements in accordance with the provisions of this 21GREE1ENT, and
WHEREAS, the Developer hereby agrees to provide necessary improvement 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 those improvements which will be
required in accordance with those plans to be prepared, and
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
establishes the amounts of Bond, Fees, and Deposit as set forth in the following
scheduler
-1 +
j. '
;L —
SCHEDULE OF BOND, FEES, AND DEPOSITS 1f X34 nGE5$0.
PART A. Faithful Performance Bond: $ N/A
•
PART B. Labor and Material Bond: $ N/A
PART C. Checking and Inspection Fee: $ N/A
PART D. Indirect City Expenses : $ N/A
PART E. Development Maintenance Deposit: $ N/A
PART F. Storm Drainage Fee: $ 296.00
PART G. One Year Power Cost: $ N/A
1
PART H. Tree Fees: $ - N/A
PART I. Map Checking Fee: $ N/A
PART J. Park Fee: $ N/A
PART K. Water Main Extension Deposit $ 800.00 .
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto
as follows, TO-WIT:
1. DEDICATION • it
(a) The Developer offers to dedicate the real property shown on
Exhbit "A", which is attached hereto and made a part hereof by reference. Said
.
1034 561
dedicated property shall be free and clear of all liens or encumbrances except
-_ those which the CITY shall expressly waive in writing. The Developer agrees not
. to revoke said offer of dedication, and to keep said offer open until the CITY
accepts said offer by resolution.
(b) Upon execution of this AGREF_€1T thh Developer agrees to deliver
a properly executed grant deed to the CITY of the real property 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 N/A
(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 each
and every covenant and condition of this AGIEEMENT, the CITY agrees 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 Engineer. In the event the
Developer fails or refuses to complete the Bork within the specified period of
time, •the CITY, at its sole option, shall be authorized to complete the Work in
whatever manner the CITY shall decide. In the event the CITY completes the Work,
the CITY may recover any and all costs incurred thereby from the Developer or the
Developer's surety or both.
0
II
634 P'_GE 582r
(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 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 Cupertino Sanitary District shall take prece-
dence 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.
t .
4. QUITCLAIMDID 034 f"0E 583
It is further agreed that Developer, when requested by the CITTY, shall
' - quitclaim all his rights and interests in, and shall grant to' CITY authorization
to extract water from the underground strata lying beneath said project and
Developer agrees to execute a "Quitclaim Deed arid Authorization" in favor of
CITY, when presented to him for signature.
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 faithful 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 payment of all labor and
materials required to construct said improvements. Th9pount 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 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.
(b) In lieu of a surety bond, the Developer may elect to secure this
AGREEMENT by depositing with the CITY:
-5-
•
H 034?wE 564.
(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 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 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 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
rh.4c AaPPF`1F'TT fnr nffi ro rhnrtinn nF finel mon one! f4o1A rhorlrino
. - 11O34?!...G 5s
of street monuments, in compliance with Section 4:1 of Ordinance No. 47
• (Revised 12/4/61) 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 development maintenance
deposit may be 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 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) .
9.13.' 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 Park K, Page 2, shall be the full amount due.
11 034 a'.uE 586
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 and maintain street trees in con-
formance with the standards of the City of Cupertino. As payment for said
installation and maintenance by the CITY, the Developer shall pay to the
CITY, prior to the execution of this AGREEMENT, the amount as set forth
herein at Page 2 (Part H) , which amount represents the fees for installation
and maintenance of said street trees, having been calculated at the unit
price of $15.00 per tree.
12. PARK FEES
It is further agreed that ,the Developer shall pay such fees 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 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 satisfaction of
said CITY, all defects and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said Work. ' •
a
H 034 P.IGE 587
14. SANITARY DISTRICT
It is further agreed that the Developer shall file with CITY,
upon execution of this agreement, a letter from the Cupertino Sanitary
District stating that the Developer has entered into a separate 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
execution of this AGREEMENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assessr_ents 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
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.
•
HO34ftass8
17, STREET LIGHTING
It is further agreed that the Developer shall apply for the installation
• - of electric power for street lighting at the earliest date possible.
18. P.G.& E. AND P.T.& T.
It is further agreed that the Developer shall pay to Pacific Gas and
Electric Company and/or to Pacific Telephone and Telegraph Company any and all
fees required for installation of overhead and/or underground wiring circuits to
all electroliers 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 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 s$$ 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 completion 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 perfor-
- 10 -
•
H O3@nE 589
' mance 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 insurance against the loss covered by
said policy or policies, that other insurance shall be excess insurance only.
(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 any one occurrence with an
aggregate limit 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 •
:. . 110,3d.NGE590
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 sub-
• division and the provision set forth herein and above for the protection of
the City of Cupertino shall equally apply to municipality and political sub-
division. •
22. DEFERMENT
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 AGREFi`1E:Tf, the following improvements:
. Any and all street work excepting water mains.
• Until such notification is made by CITY, or such time has elapsed,
Sections numbered 2. through 21, excepting 9. et.al s -
are hereby deferred. The Developer further agrees to cooperate, upon notice
by the CITY, with other property owners, the CITY and other public agencies t6
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.
- 12 -
23. SUCCESSORS - RUN WITH LAND
This AGREEKENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of Developer. It is 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 California and that the
covenants in this AGREEMENT shall run with the land, a description of which
is contained in Exhibit '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.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its City Engineer and City Manager, 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 CU' a'TINO
t
By
L •�'
City Engineer
By ` ! Oh -
City Manager
Approved as to form: DEVELOPER
:Simla, ILA ctUagt-',i
Ci y`9ttorney
By
Acknowledgements and Exhibit(s) A attached.
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )" 44. On thin /�% day o6 :in the
ye o On-e Tho d Nine '�ndned• and ,'y be6ohe
me ,-,r- - 1G ,
xwcyy Pab&c .in nd KWt -the. County, o6 Santa Claim
• State o6 Ca L6ohnia, xes.iding- .theite-Ln, duly commiA-,
. 4-Loned'and swuh -& wc
n, peAzonay appeed . `
7 a i_t��4-- Lui
pehsonaZlydtnown .to me onsicoved .to me on the bas.iA A-
06 sat146actoay evidence) (License No. ,..#cg 4f o )
gaGION.9GOVOCADC NOCCO NDGIOCetecCl -to be -the pennon .that executed .thvs .inh.t&ument, on beha26
`1 :,- , OFFICIAL SEAL g • o6 .the pantneuh,ip and acknowledged .to me .that .the
'7 antnehshi executed .it.
''') a,<Y�;•. Luciila Campagna-olaise � p p
,- -i7 l f°''^ NOTARY PUBLIC-CALIFORNIA
fig - SANTA CLARA COUNTY 11-4?„...,
o
My Commission Expires Dec.10,1984 Z « � !c-+•- - /�Q�� •
- " -*9c�:n w”0, ,,D C 0aLYaLYa0a�: of y Pubic ; S-t e o CaU6okn,La
• My commLss.ion exp.ine4 4Iv . ro . /y'e.,z-
Section 1190A, Acknowledgement Pantne.k4k-.p, Amended • .
H 034 r�G592
• ' STATE OF CALIFORNIA )
) 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 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
1470681
D`3,}- P3
j 7� 011 E0 FORE, OFA
. SEe 9 09 ��, '81
REC. FEE 1 iQt REo�ROSiV
ICRO S`FIo ,_F n A M10 1 :E
�;y � ;�l.pCto"1aEgOR�
LIEN NOT pct iStA
e
S�t� F Ii
•
EXHIBIT "A"
80,2 ithCrb
LEGAL DESCRIPTION 43
..) y3
Real property situated in the County of Santa Clara, State of California,
described as follows:
Section 31, as laid out and delineated upon that certain map
entitled "Map of Las Palmas, Monta Vista", which said map was
filed for record on the 11th day of April, 1917, in Map Book
"P" at page 17, Santa Clara County Records.
A.P. No: 357-04-005