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83-035 Ubaldo and Maria Perez, Deferred Agreement Resolution No. 6121; Minor Improvement Agreements Not Involving Lot Splits Resolution No. 3339 RESOLUTION NO. 3339 80.34200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE MINOR IMPROVEMENT AGREEMENTS NOT INVOLVING LOT SPLITS 1458?AGE 178 WHEREAS, the present policy of the City requires builders and develop- ers to enter into an agreement executed and approved by the City Council covering City improvement requirements; and WHEREAS, many such agreements involve minor improvements not requir- ing lot splits; and WHEREAS, the conditions precedent to issuance of a building permit under the terms of the Unimproved Street Ordinance cover the requirements for said improvements; and WHEREAS, it would be to the benefit of property owners, developers, and the City to eliminate the need for scheduling of agenda items which may necessitate delays in implementation of projects ; and WHEREAS, the City Attorney has rendered the opinion that the policy of approving such minor improvements may be adjusted to allow the City Manager the authority to enter into agreements on behalf of the City which stipulate the necessary requirements; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ap- prove the policy authorizing the City Manager to execute minor improvement agreements not involving lot splits in accordance with the conditions out- lined in the Unimproved Street Ordinance No. 546. All minor improvement agreements executed by the City Manager shall be reported to the City Coun- cil at its next meeting. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 5th day of September , 1972, by the following vote: AYES: Councilmen - Irwin, Jackson, Meyers, Sparks, Frolich . :1 7 NOES: Councilmen - None -s^‘. x; THIS IS TO,DERTWY-THAT THE ABSENT: Councilmen - None INSTRUMENT IS AiTPOE AND COPD.-gOt�COPY CF THE ORIGINAL• DN (FILE IN`THiaefiCE. ATTEST: APPROVEDrrrEsT L l 79? CITY CL K.. THE CI"TY OF ^ERT NO • I BY L�fY CL /s/ Wm. E. Ryder /s/ Donald A. Frolich• K , _ • City Clerk Mayor, City of Cupertino RETURN TO CITY NO FEE IN ACCORDANCE OF CUPERTINO WITH COV CODE 8103 10300 TORRE AVE. CUPERTINO, CA 95014 1458 Ei!GE 173 AGREEMENT This AGREEMENT made and entered into this 5th day of April , 19 84 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and REYNALDO P. AND CARMEN C. PEREZ, ET AL, UBALDO PEREZ, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a parcel map and has secured 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 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 conditions of development approval; and Page 1 •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: 1458?'GE180 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: Paid PART G. One Year Power Cost: Deferred • PART H. Street Trees: By Developer PART I. Map Checking Fee: , Paid PART J. Park Fee Paid PART K. Water Main Extension Deposit Paid PART L. Maps and/or Improvement Plans: By DEVELOPER Page 2 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the , ' parties hereto as follows, TO WIT: 1. DEDICATION 1458 PAGE 181 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 prior to dedication. ( 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 1458 i"cE 182 • 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 agreedthat 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 1458 f'AGE 183 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 tomake 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 7A. MAP FILING FEE • 14581'4E184 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 returned after 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 • 12. PARR FEES I458 'AGE 185 It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, priorto 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 statingthat 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 1458" E186 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. 3.31 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 beacquired by the DEVELOPER at his own costand expense. It isprovided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and, to be . included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with 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 Workor 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 ofinsurance 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 • 1458 f'.'.GE 187 • liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and. the . officers, agents, andemployees . 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 ten (10) days advance notice thereof. C. In the event that the Project coverel herein should be mutually 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 andpolitical 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' 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 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA) 55 1458 r'eE 188 On this day of � t /dayy of ;?:0"-,4-4—a,,,,,,/,(/ /� ,�� f1 , in the year of /9751 before me //,1) 2&971 �r1" ('�/�""� personally appeared ir r4 i . _t AP // d. ,a-7,,,, vita* ia 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. M corn 9 oggcia1 seal. OFFICIAL SEAL 6 , (�` `�4/ 2 #;;,y,..,, ALLISON F. vaLmAri NTE Z / i U, �'.�."' NC A::'( PUC11C-Cx.urviuJlA ''�2Y•;:: / S F \ CLF,r,F\ CUUNTyotary Public in and for the County di MCommission Expires Feb. 8, 1988 a 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 1 458 r!GE 189 months notice from the CITY, in which event the Work must be '` completed withih 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: Asphalt streets, concrete curb and gutters, storm lines and appurtenances as directed by the City Engineer. Until such ' notification is made by CITY, or such time has elapsed, Sections numbered 2 through 21, except 9, 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. 326-25-035 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 Exhibit A, which is 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 CUPPERTINO Approved as to form: 0--A `uv City anager: JAL/ Ci • ttorneyi Ci y Engin: er: b.Ora s,u( it ATTESTY 3 .�<. '41:-114 p.r� >" D�EVELOo t sclP/ER: m �A ply Ci �rla ��' .� `^'— 9 S 1312 Acknowl'e'dgement 'and Exhibit A Attached. `-,ez� Page 10 • EXHIBIT A 1458 PenE 190 That certain real property situate in the City of Cupertino, State of California, said property being a portion of Lots 28 and 29., Block 3 "Map of Monta Vista, First Addition" recorded at Volume "P" of Maps at Page 23, Santa Clara County Records, More particularly described in the following: Parcel 1 - a strip of land 10' in width, measured at right angles, the northeasterly boundary of said strip being the southwesterly line of Santa Clara Avenue on and along Lots 28 and 29 as said Avenue and lots are shown on said map. Containing 0.011 Acres S034200 ys8 pe-f� /78 FILED ' %Eck:0rnik 1-.D oarisawa SPR I ebal 9 24 MA IM of AL RECORD TY 4 iv, cLARGE 4 HPi REcES R R RECORDER � 1T • • RETURN To CITY 777,x OF CUPERTINO 602 NO t LEEN', . fCOC7:,,AE :NC 10300 TORRE AVE: VVFTF3 Gv r • ' CUPERTINO, CA 95014 �'� F'''=DE G Y 03 ' H792;, c:440 a- r C) hi RESOLUTION NO. 6121 "m—Vn -'arn 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPEfl INO,o - CP AUTHORIZING THE EXECUTION OF DEFERRED AGREEMENT Y31.Y_, ':� 943 UBALDO AND MARIA 'C: PEREZ FOR THE IMPROVEMENT OF FRONTAGE�F� oo a ALONG STEVENS CREEK BOULEVARD WEST OF FOOTHILL BOULEVARD< w WHEREAS, there has been presented to the City Council an agreement for the improvement of the street frontage along Stevens Creek Boulevard west of Foothill Boulevard, together with a cash deposit bond for the insEallation of said work by Ubaldo and Maria C. Perez; and WHEREAS, said proposed agreement contains provisions for the construction of streets, curbs, gutters, sidewalks, and for other improvements within a period of five (5) years and six (6) months from the date of execution of said agreement; and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that said agreement is hereby approved; and the City Engineer is hereby authorized to sign the final plans when presented by the developer; and the Mayor and the City Clerk are 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 1Rrh day of July , 1983, by the Following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks; Gatto k ( ° ,. NOES: V �4.•� l ' iTHIN °_ None ;o1F-ITHEtYi Ffl i : ,y„r�_;_ ,t4 T,�-115 Or Fi.0 E.v Y'i OF TF{E ❑ .i + ' ABSENT: None • AT' /I -_2.1 f: f c ig v ' ? #Ki ,i1 . r �.l.l i'r Rl'I'Jd.l ABSTAIN: None CIT" - : ATTEST: APPROV : crrSY el-m;- Lc) .l JV V`,i 1� /s/ Dorothy Cornelius /s/ John M. Gatto City Clerk Mayor, City of Cupertino ' • H792 l'AGE 441 - > NOF::3 f;• - - - 1 C✓.,ka + ✓: :4- AVE. WITH 601 C: =:- 6703 CUPERTINO, CA 95014 AGREEMENT4 This AGREEMENT made and entered into this 18th day of July , 19 83 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and UBALDO AND MARIA C. PEREZ , hereinafter designated ' as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a building permit 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 Page 1 11792Pk.c.442 WHEREAS, The DEVELOPER agrees to provide bonds, cash payments, or _ other guarantees as outlined herein to assure compliance with con- ditions 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 - Cash Bond: $4, 000 . 00 Four Thousand and no/100 Dollars PART B. Labor and Material Bond - Cash Bond: $4, 000 . 00 Four Thousand and no/100 Dollars PART C. Checking and Inspection Fee: Deferred PART D. Indirect City Expenses: Deferred PART E. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: $ 299 . 00 Two Hundred Ninety-Nine and no/100 Dollars PART G. One Year Power Cost: Deferred PART H. Street Trees : Deferred PART I. Map Checking Fee: Deferred PART J. Park Fee: Deferred PART K. Water Main Extension Deposit at $8 . 00 $ 600 . 00 Six Hundred and no/100 Dollars PART L. Maps and/or Improvement Plans : By Developer NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the H732' GE443 parties hereto as follows, TO-WIT: 1. DEDICATION . ) The DEVELOPER offers to dedicate the real .roperty shown on Exhibit ' ' ", which is attached hereto and made a oart hereof by reference. ::id dedicated property shall be free - d clear of all liens or encu-'•rances except those which the C Y shall waive in writing. The DEV .'PER agrees not to revoke sai. offer of dedication, and to keep said o • fer open until the CITY . cepts offer by resolu- tion. (b) Upon exec ion of this AGREEM IT the DEVELOPER agrees to deliver a properly exec • ed grant deed t. the CITY of the real prop- erty described in Exhibit ", and such other executed conveyances, or instruments necessary to c. vey cle-r title as herein required. The DEVELOPER shall provide, at . e DE LOPER' s sole cost and expense, to the CITY: (1) A prelimin. title report issued by a title insurance company elat' ng to the property offered for dedication; sai. Preli ' nary Title Report shall be furnished: By D' ELOPER. ( 2) A tandard policy of tit' - insurance issued by a title in . rance company and insuri .. the CITY in the sum of : N/ - , and which shall show said p .operty free and clear of alliens or encumbrances except tho e as the CITY shall exp essly waive in writing; said policy 'all be furnished a the time of acceptance of dedication an. recordation of .eed. LO v I ( - ) Upon the condition precedent that the DEVELOPER sha'. perform each and every covenant and condition of this AGREEMENT, t''e CITY agr- es 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 manner the CITY shall decide. In the event the CITY competes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER' S surety or both. • H792 imc_444 (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 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 date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED Page 4 • 11792 rtGE 445 It is further agreed that DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for sig- nature. 5. BONDS AND OTHER SECURITY (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 and con- ditions of this AGREEMENT, or to make any payment, or any dedication Paas 5 H 792 P!GE 446 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) . 7A. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4: 1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I ) . 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The devel- opment maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or ma- H792;"G=447 terials 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. 12. PARK FEES Paste 7 H 792,19.GE 448 . It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is re- quired within "Park Dedication Ordinance" Number 602, 1972 and which is- further stipulated under Part J. , Page 2 herein. 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. Page 8 • H 792 ii!GE 449 15. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493 , Article 8, Chapter 4 of the Government Code, per- taining to special assessments or bonds, have been complied with. 16 . CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Pro- tection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project 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 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 and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further • H792?!GE 450 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 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 shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least 10 days advance notice thereof. 11792 'G=451 Co) 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, 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 following improvements: - All Public Street Improvements Until such notification is made by CITY, or such times has e- lapsed, Sections numbered two ( 2) through twenty-two (22) 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 7792 PP-GE 452 district, if this method is feasible to secure the installation and construction of the 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 and B" , 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- fixedby 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 -w1/ _ Approved as to f rm• Mayor: S ri 1.4 /Pt‘ 411 � M City Attorney City Clerk: DEVELOPER: -.9 J : J t, �_ s By: P7W Ci' Acknowledgements and Exhibit(s) "A and B" attached. • STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) 1-1732 PAGE 453 On this day of day of Zit� in the year of LANCI› , before me Opc0 i e �• W � {S�(L personally appeared Ull°\ .o C.i C t-t€GZ 4, `- o nl- c . F-Nut- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person Bose name is subscribed to this instrument, and acknowledged that he (she ori executed it. WITNESS my hand and official seal. ®IIIIIIIIIPCleeieeeBeieluBBFieeelieluieiehlBeieeleeeiiiii© OFFICIAL SEAL n DAVID 6. 4VREELER JR. jIII !3 Ei a �+p NOTARY PUBLIC - CALIFORNIA j ..4 COUNTY OP SANTA CLARA Notary ublic in and for the County • _wr-m ' - Comm. Exp. July 19, 1985 of Santa Clara, State of California 0111811111111M 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 H792 r"GE 454 EXHIBIT "A" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Beginning at the point of intersection of the Northerly line of Stevens Creek Boulevard, formerly Permanente Road, as said line was established by Deed from Phillip Lombardo, et ux, to County of Santa Clara, dated June 10, 1949, recorded June 15, 1949. in Book 1803 Official Records, Page 240, Santa Clara County Records, with the Westerly line of that certain tract of land described in the Deed from Phillip Lombardo, et ux3 to W. L, Stapp, et al, dated March 18, 1948, recorded March 13, 1948 in Book 1587 Official Records, Page 272, Santa Clara County Records; Thence from said point of beginning North 89° 39' West along the said Northerly line of Permanente Road, 150.00 feet to the true point of beginning of the tract of land to be described; Thence from said true point of beginning North 89° 39' West along said Northerly line of Permanente Road, 75,00 feet; Thence leaving said last mentioned line and running due North and parallel with the said Westerly line of land so described in the Deed to said Stapp 140.00 feet; Thence South 89° 39' East and parallel with the said Northerly line of Permanente Road, 75.00 feet thence due South and parallel with the said Westerly line of land so described in the Deed to said Stapp, 140.00 feet to the point of be- ginning, and being shown upon that certain Map entitled, "Record of Survey of Property of Phillip Lombardo", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on June 20, 1949 in Book 23 of Maps, at Page 22. . • - . -, H 792 i'!GE 455 . . . . . . 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