83-027 John and Diane Doonan, Improvement Agreement, Resolution No. 6212 and 6139 ry 1144 NGE 121
NO FEE IN ACCORDANCE I�91 4;084 RETURN TO CITY
WITH G0V CODE 0103 City of Cupertino OF CUPERTINO
10300 TORRE AVE.
CUPERTINO, CA 95014
CERTIFICATE OF COMPLETION
and
NOTICE OF ACCEPTANCE OF COMPLETION DEC 19
83
RECONSTRUCTION OF CURBS, GUTTERS, SIDEWALK DW o m %I
PROJECT 83-14 tarn -c1Q
oz-n -1m
nF-v-a
mma— m-n
nr C. s o
pii>o• m om
Z
cn J m ;.. —10
NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, O o
o aa ‘7171 •
_o w O
Public Works and City Engineer of the City of Cupertino, CalMfernia5.,do
hereby certify that the work and improvements hereinafter described, the
contract for doing which was awarded on March 15, 1983 and
entered into by and between the CITY OF CUPERTINO and
ANDERO CONSTRUCTION, INC. on March 15, 1983
in accordance with the plans and specifications for said work were completed
to my satisfaction on December 5, 1983 . and acceptance of completion
was ordered by the City Council of said City.
That said work and improvements consisted of furnishing all labor,
materials, tools, and equipment required to complete said project, all as
more particularly described in the plans and specifications for said project.
/i' (�I•��I
D'rector o 'ublic Works and
City Engin-er, City of Cupertino
Date: December 6, 1983
THIS IS TO CERTIFY THAT ".T'"N
INSTRUMENT ISATRUE AND CORRECT CO/
OF ATTEST RI�// /N FILE IN THIS 1OSFFE
7
CITY RIF THE CITY
fIFF . 1/,U�ERTINO
C IITTYf; CLERK
RETURN TO CITY
1,-,91:708°
NO P'C; IN :C,;+;;^i ^,
t?Ah,C'.#
• , . OF CUPERTINO %®.7�r'e'fl
c WITH COV CODE 51O3
10300 TOERE AVE.
CUPERTINO, CA 95014 FILED :F 'DORDI`
AT
I1441'AGE 98
"�" �a�,
DEC 13 9 55 :OM 119Bi
RESOLUTION NO. 6212
OFFICIAL RE00fitit?S
SA;t;IT4 CCLARA. C OI! NIY
GEORGE_ A MANN
REGISTRAR EfoO'DE+'
A RESOLUTION OF TriE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE EXECUTION OF DEFERRED AGREEMENT WITH
JOHN AND DIANE DOONAN FOR THE IMPROVEMENT OF FRONTAGE ON
PALM AVENUE WESTERLY OF MIRA VISTA AVENUE
791.70L
WHEREAS, there has been presented to the City Council an agreement
for the improvement of the street frontage on Palm Avenue Westerly of
Mira Vista Avenue by John and Diane Doonan; and
WHEREAS, said proposed agreement contains provisions for the construc-
•
tion of streets, curbs, gutters, sidewalks, and for other improvements
within a period of five (5) years and six (6) months from the date of ex-
ecution of said agreement, and said agreement having been approved by the
City Attorney. .
NOW, THEREFORE, BE IT RESOLVED that said agreement for the improvement
of street frontage on Palm Avenue westerly of Mira Vista Avenue 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 hereby
authorized to execute the agreement herein referred to in behalf of the City
of Cupertino.
•
BE IT FURTHER RESOLVED that the City Clerk is 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 21st day of November , 1983, by, the following
vote:
1
Vote Members of the City Council
ITSTn, q " n :,
+ !TI C
P
YAYES: 0�lTHE pPN,k, •
Gatto, Johnson, Ro ers, S arks, Pun Y ri ICE.
NOES: None ,
ABSENT: None ATTEST (PP 7 rn l
ABSTAIN: None / ' IN
r:
ATTEST: APPROVED I, `}
/s/ Dorothy Cornelius :/ do ' J P'1ungyte
City Clerk • 'ayor, City o'f Cupert no
•
RETURN TO CITY
OF CUPERTINO NO FEE IN ACCoIWANCE
• 10300 TORRE AVE. WITH 60V CODE 6103
CUPERTINO.O. AGREEMENTA 4
511144 GE 99
This AGREEMENT made and entered into this 21st day of
November , 19 83 , by and between the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter
designated as CITY, and JOHN AND DIANE DOONAN, hereinafter
designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY and is
securing a building permit from CITY to construct and maintain a
single family residence, hereinafter referred to as "Project. "
WHEREAS, the CITY hereby agrees to permit DEFERMENT of the re-
quired development improvements 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 re-
quired 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 paymenEps,;,49 r ,'
. v.
Page 1
'•
Other guarantees as outlined herein to assure compliance with con-
ditions of development approval; and I144P'GE100
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 2 ( 980-206. 43 )
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: $380 . 00
Three Hundred Eighty 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 $655. 00 .,
Six Hundred Fifty-Five and no/100 Dollars ` a
,u
PART L. Maps and/or Improvement Plans: BY DEVELOPER.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between . .the'-:`;'
011
parties hereto as follows, TO-WIT: 4d;"fit'• '
1. DEDICATION ` :
(a) The DEVELOPER offers to dedicate the real proper*I.7sho9r •<•
on Exhibit "A", which is attached hereto and made a part thereof ..• b.y
reference. Said dedicated property shall be free and clear Of , all-
Page 2
1144PAGE 101
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 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 covenantand 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 En-
gineer. In the event the DEVELOPER fails or refuses to complete the
Work within the specified period of time, the CITY, at its sole op-
tion, shall be authorized to complete the Work in whatever mannerthe .
CITY shall decide. In the event the CITY competes the Work,''th,e._CITY2, :
may recover any and all costs incurred thereby from the DEVETORER'• br, : s"
the DEVELOPER ' s surety or both. t •'`
(b) The DEVELOPER shall install and complete the Work, rih) a good,
and workmanlike manner in accordance with the plans as approved by7 t 'he •••.' ,
City Engineer of Cupertino. The Work shall be done in accordance ;with
existing ordinances and resolutions of the CITY and in accordance with
Page 3
11447-102
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 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 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 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
t.='dae
and time when the proposed excavation is to commence. epi'. `
4. QUITCLAIM DEED
y /
It is further agreed that DEVELOPER, when requested byt'he CI-T ,,,
shall quitclaim all his rights and interests in, and shall.' g ehttto•?
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.
Page 4
1144rteE103
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,
( 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: an,d• • ?Coq-
ditions of this AGREEMENT, or to make any payment, or any dedi �dation ; :.+•',
y
of land, or any improvements herein required, the CITY may aagly 'bhe:'
proceeds of said security thereto. :: -r '.'.
y p
(d) No release of surety bond, cash deposit, check'; ,6r . cc l:t4 `,•` ,•
ficate of deposit, shall be made except upon approval •';tiof 'th eg t4ty '
Council.
Page 5
•
1144,,,GE 1O4
(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) .
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 deve'l--
opment maintenance deposit may be utilized for repairs of defectscand.':.'ii`' . {
imperfections arising out of or due to faulty workmanship and/,or,;ma=•`., + ". '''
terials appearing in said work during the period until release of.'-r `the
improvement bonds by the CITY. Should the DEVELOPER complete.�the� � :':
required repairs to the entire satisfaction of the CITY, the `unusefd' . ' .
balance will be returned after the release of the improvement bond'stV'• . :`fi •
r ;
Page 6
•
1144!AGE 105
• 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.
•c.CRi r
12 . PARK FEES
'c •• , •�� :i:r••1
‘ • . O U
i)
It is further agreed that the DEVELOPER shall pay/{ 'such f#ee's ,
and/or dedicate such land to the CITY, prior to execution, as ° 4 ra
quired within "Park Dedication Ordinance" Number 602, 1972 andk.,wh ch'"
is further stipulated under Part J. , Page 2 herein.
Page 7
•
1144 :GE106
, 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 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
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.
•
yi I(
a1
i„
Page 8
•
•
I144?P•GE107
'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
toserve 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 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
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,aid`rr,
Telegraph Company that said fees are due and payable: n{. ' •
•
19 . EASEMENTS AND RIGHT-OF-WAY
C .
It is further agreed that any easement and right-of-way n'ecessary ,t 'jc,'
for completion of the Project shall be acquired by the DEVELOPER,,,;'at
his own cost and expense. It is provided, however, that in theevent
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
Page 9
1144 'enE 108
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.
(a) Each of said policies of insurance shall provide coverage,tim "
the following minimum amounts: For bodily injury, $100,000 each- "ier-;`=\ r.itC-
son; $300, 000 each occurrence; property damage,
$50 ,000 on account-lof'_ • '
any one occurrence with an aggregate limit of not less that $200,C0�JJ 0•. `'_ �
•
1A11 ‘ 1%‘:.
(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
shall bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least 10 days advance
notice thereof.
Page 10
•
•
1144 PAGE 109
(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 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 parcel maps.
(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, cozcstAuct,' ,
and install at his own expense, either upon six ( 6) months noticrom: .,,.
the CITY, in which event the Work must be completed within one',. Iirs*
year thereafter, or in the absence of such notification, no late'r'- thaI ;,\CS .;
five (5) years and six ( 6) months from date of this AGREEMENThe, „
following improvements :
•
Sections 2 through 21, except 9, et al.
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
Pana 11
I144?kG 110
•
improvements.
24. SUCCESSORS - RUN WITH LAND
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 Cali-
fornia and that the covenants in this AGREEMENT shall run with the
land, a description of which is contained in Exhibits "A, Al, B and
C", 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 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
Approved s 74" Mayor: ?cc' �' nnr,r,,
City Attorne City C � . �
40,
t. l .r rat
DEVELO<PE
•
By: ••
S. ;
Acknowledgements and Exhibits A, Al, B and C attached. ;. ur
v ch `P
y ' -@
•
STATE OF CALIFORNIA )
ss. 1144°Ae 111
COUNTY OF SANTA CLARA)
On this day of Rj / day of *- o to-e, N(;)
in the year of /?e 3 , before me �n ye � `• i' ( k11 P j, o // oc,'• f3i)4-`
( / / d SAyI
personally appeared
--1-) 7 p /Jn n n c� rt Y— ( Y D A c, be, o 4} , t'
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.
8 " OFFICIAL SEAL C /
:ia DOROTHY MARIE CORNELIUS
NOTARY PUBIC CAdruRNIA e `otary Pub Vc in and for the County
SANIA LLARA COUNTY E of Santa Clara, State of California
* Commission Expires Feb. 17, 1984 C
C.R&SCADVDGtJcd9cC7Gen\9G iccicucvcw6%V
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
. 1144 PAGE 112
EXHIBIT A
A strip of land over a portion of those certain Lots l0A and 7 as said
lots are shown on that certain "Map of Las Palmas" filed for record in
Book "P" of Maps, Page 17 Records at Santa Clara County. Said strip
being more particularly described in the following:
Said strip being the most northerly 10 feet, measured at right angles,
of Lot l0A and also being a strip 10 feet wide extending from the easterly
common corner of Lot 7 and Palm Avenue westerly along Palm Avenue six feet.
•
•
L."! .
1144?AGE113
EXHIBIT Al
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// •zA.:
Q , 7�japsao/ o%..a.; %'oT to
rad,
7::;) //77
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•
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P
,Boor P 0/ 4os ,c /7
•
1144L c:114
EXHIBIT B
The easterly 6 feet front and rear measurements of Lot 7, and all of
Lots 10 and 10A, "Map of Las Palmas, Monta Vista", as shown on a Map
recorded in Book "P" of Maps, page 17, Records of Santa Clara County.
EXCEPTING THEREFROM the interest conveyed to the County of Santa Clara
to that portion of the above described land within Palm Avenue (formerly
Avenue of Palms) , as said Avenue is shown on the above mentioned Map by
instrument recorded August 3, 1962 in Book 5671 of Official Records,
page 197.
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10300 Torre Avenue P.O.Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone:(408)252-4505
OFFICE OF THE CITY CLERK
July 20, 1983
Mr. & Mrs. John Doonan
22324 Palm Avenue
Cupertino, CA 95014
AGREEMENT
Dear Mr. and Mrs. Doonan:
We are enclosing to you for your information a copy of the Agreement
by and between the City of Cupertino and John and Diane Doonan which
has been fully executed by City Officials, along with a certified
copy of Resolution No. 6139, this Resolution was enacted by the City
Council of the City of Cupertino at their regular meeting of July 18,
1983.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Planning Department
V RESOLUTION NO. 6139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AUTHORIZING EXECUTION OF AGREE-
MENT BETWEEN THE CITY OF CUPERTINO AND JOHN
AND DIANE DOONAN TO ALLOW THEIR RESIDING IN
THEIR PRESENT RESIDENCE DURING CONSTRUCTION
OF A NEW RESIDENCE AT THE SAME ADDRESS
WHEREAS, there has been presented to the City Council an agreement between
John and Diane Doonan and the City of Cupertino relating to inhabiting an
existing residence during the construction of a new residence at the same
address; and
WHEREAS, the provisions of said agreement have been approved by the
Director of Planning and Development and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the aforementioned agreement on behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of July , 1983, by the
following vote:
Vote Members of the City Council
•
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None •
ABSENT: None
ABSTAIN: None
APPROVED:
ATTEST:
/s./ John M. Gatto
Mayor, City of Cupertino
/s/ Dorothy Cornelius
City Clerk
City Clerk's File Copy
.y
AGREEMENT
+J
Agreement entered into between John and Diane Doonan and
the city of Cupertino, as follows:
RECITALS:
1 . John and Diane Doonan, (hereinafter "Doonans") husband
and wife, are the owners of the real property located at
22324 Palm Avenue, Cupertino, California;
2. Whereas Doonans have resided and are presently re-
siding in a single family residence on said property;
3. Doonans have resided in said single family residence
for approximately eight years;
4. The lot upon which the existing structure is situated
is an oversize lot;
5. Doonans desire to upgrade the real property by con-
structing a new single family residence at the rear of the lot,
away from the existing structure, and make such residence their
permanent residence;
6. Doonans desire to continue residing in the existing
residence until completion of the new structure;
7. Construction of the new residence is estimated to
take approximately six months;
8 . Upon completion of the residence, the existing struc-
ture will be demolished;
9. Doonans desire to obtain necessary permits and this
agreement is required to obtain such permits;
IT IS AGREED between Doonans and the City of Cupertino:
a. The City of Cupertino shall allow Doonans to reside
in their present residence at 22324 Palm Avenue, Cupertino,
California during construction of the new residence at the
same location.
b. The utilities at the new residence shall not be
placed in operating condition until fourteen days prior to the
actual demolition of the existing structure. The fourteen day
. 4?
period is to allow Doonans time to move all their personal
property into the new structure and establish residency prior
to the actual demolition of the existing structure.
c. Doonans will obtain all necessary permits and will
cooperate with the City of Cupertino as is reasonably necessary
to carry out this agreement.
d. If the existing structure. is not demolished by
Doonans as promised after the utilities on the new residence
are connected and in use, . the City of Cupertino may commence
the demolition process upon forty-eight hours ' notice to
Doonans. Doonans shall be responsible for all costs incurred
by the City of Cupertino for such demolition, in addition to
any attorney' s- fees incurred in enforcing .this agreement.
e. The effective date of this agreement shall be the
date of its execution by the City of Cupertino.
Dated: 77--(4/4-5 C"""L h �� _
DIANE DOONAN
Dated:
JOHN DOONAN
Dated: 7-27-f-3 // L//�
Y OF CUPER/PINO - MAYOR
C
• TY ATTORNEY: APP'OVED AS TO FORM
ATTEST: /
City Clerk (/