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84-025 Torre Ave Propeties, subdivide land marked as designated tract 8383; 7574; 7065 • Citi of Cupertino 10300 Torre Avenue P.O.Box 580 Cupertino,CA 95014-3255 Cupertino,CA 95015-0580 Telephone: (408)252-4505 FAX: (408)252-0753 DEPARTMENT OF THE CITY CLERK March 9, 1992 Torre Avenue Properties Attention: John Vidovich 920 West Fremont Avenue Sunnyvale, CA 94087 IMPROVEMENT AGREEMENT • We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Torre Avenue Properties, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 8601, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Tuesday, February 18, 1992. Sincerely, DOROTHYc'G Y COI CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works A •y • RESOLUTION NO. 8601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO • APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 8383, LOCATED STEVENS CREEK BOULEVARD AND 'TORRE AVENUE, DEVELOPER, TORRE-AVENUE PROPERTIES, A GECIERAL PARTNERSHIP; ACCEP TI.. CERTAIN E SENENTS; ACCEPTING EASEMENT AND PARKDEAGEMMVENTI AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH • WHEREAS, there has been presented to the City Council for approval and authorization to record final map of Tract No. 83833 located at the southeast quadrant of Stevens C3:eek Boulevard and Tbrre Avenue showing , certain avenues, drives, places, and roads by 'lbrre Avenue Properties, a General Partnership; and WHEREAS, there has been presented to the City Council a proposed ' agreement for the construction of streets, curbs, and 'gutters and for other inprovatents, and good and sufficient bonds, fees, and deposits as set forth in Exhibit ° "A", having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map and improvement plans of Tract No. 8383, be and the same are hereby approved. b. The offer of. dedication for roadway and for easements is hereby accepted. c. The Easement and Parking Agreement is accepted. • • • d. The City Engineer and the City Clerk are hereby authorized to sign said final map. e. The City Engineer is hereby authorized to sign the improvement plans. f. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of. Cupertino this 18th day of February , 1992, by the following vote: (11 • i RESOLUTION NO. 8601 • • Vote Members of the City Council AYES: Dean, Goldman, Koppel, Szabo, Sorensen NOES: • None ABSENT: None • ` ABSTAIN: None APPROVED: • /s/ Lauralee Sorensen Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk A • RESOLUTION NO. 8601 • EXHIBIT "A" SCHEDULE OF BOND, rE S, AND DEPOSITS DEVELOPMENT: TRACT NO. 8383 TORRE AVENUE PROPERTIES, A GENERAL PARTNERSHIP LOCATION: SOUTHEAST QUADRANT OF STEVENS CREEK BOULEVARD AND ZORRE AVENUE • A. Faithful Performance Bond: N/A B. Labor and Material Bond: N/A C. Checking and Inspection Fee: N/A D. Indirect City Expenses N/A E. Map Filing Fee: $1,028.00 ONE THOUSAND TWENTY EIGHT AND 00/100 DOLLARS F. Develognent Maintenance Deposit: N/A G. Storm Drainage Fee: N/A H. One Year Power Cost: N/A I. Street Trees: N/A J. Park Fee: Zone N/A R. Water Main Extension Deposit: N/A L. Maps and/or Improvement Plans: By Developer TRACT AGREEMENT This AGREEMENT, made and entered into this SIXfh day of ATiA^uQ_ry , 19 9,Z , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and TORRE AVENUE NESS, A GENERAL PARTNERSHIP hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated as Tract 8383, Cupertino, California, hereinafter designated as the "Tract"; and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the improvement plans and specifications I � prepared for the Tract by EIRE= AND ASSOCIATES, a true copy of said improvement plans and specifications are on file in the Office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." Page 1 File: 51,610.03 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 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. Map Filing Fee: $1,028.00 ONE THOUSAND TWENTY EIGHT DOLLARS AND 00/100 PART F. Development Maintenance Deposit: N/A PART G. Storm Drainage Fee: N/A PART H. One Year Power Cost: N/A PART I. Street Trees: N/A PART J. Park Fee: Zone N/A PART K. Water Main Extension Deposit: N/A 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. 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 performed under the inspection and with the approval of the City Engineer. The Work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in 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 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. 2. 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. Page 3 • 3. 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 lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of the 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. 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. Page 4 5. CHECKING AND INSPECTION EEE It is further agreed that DEVELOPER shall pay any and all necessary dire& 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. 6. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing thee& improvements, the amount as set forth herein at Page 2 (Part D) . 7. MAP FILING F'Et 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 E) . • 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 F) 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. STORM DRAINAGE F'Eh It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of the 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 G) . 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGREEMENT, the amount as set forth herein at Page 2 (Part H) , 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 5 12. PARK FEES It is further agreed that the DEVELOPER shall pay such fees land/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. Fees are also in accordance with action adopted by the City Council on March 19, 1991. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. 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. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions 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 the 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 - P.G.and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. Page 6 • 18. PACIFIC GAS AND ELECTRIC/PACIFIC BEll It is further agreed that the DEVELOPER shall pay to Pacific Gas And Electric Company and/or to PACIFIC BFIT, 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 BM- that said fees are due and payable. 19. EASEMENTS AND RIGHT RIGHT-CF-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 suim 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 HARPS • 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 as provided in Paragraph 13 above, 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 offin rs, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide h lily 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 nut 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. Page 7 • 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 Engin-4,r 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 1 ten (10) days advance notice thereof. 1 C. In the event that the project covered 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 equally apply to municipality and political subdivision. ! 22. 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 September 9, 1977. 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 PAR]? K, Page 2 shall be the full amount due. 23. MAP AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and thirteen (13) prints of fully executed tract map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, sun-assors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. Page 8 STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA I ` , On FEFSC=t)A-RV C /992 before me,Lynnctte M.Moats,a Notary Public,personally appeared dna V 1 C OV l Cti , personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name is/are subscribed to the 'L within instrument and acknowledged that NF_executed the same in‘-k15 authorized capacity(ies),and that by-kj signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. Witness my hand and official seal. °n.u. OFFICIAL NOTARY SEAL n^ gra LYNNETTE M.MOAT • S --µ� fir, Notary Public—Caffomla Signature / if yx�( SANTA CLARA COUNTY Lynp Fte M.Moats a *AM. My Comm.Expires MAY 16,1995 IR WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the . City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO: Approved as to form: *. 4, 42 .nai , 'Pyor ��' A,00e7 ,,,/ Attorne y Cit Cler 9 { DEVELOPER: • Notary Acknowledgment Required. A N • Page 9 • I'- ` Return to: NO FEE IN ACCORDANCE r� �7 V .' ' CITY OF CUMIN * WITH 6OV CODE 6103 1 0 2 0 0 0 8 / p2` W300 Torre Avenue c► Cuperflno, CA 9501 $OVENANT L 040 PAGE *J THIS AGREEMENT TO ENCUMBER by restricting occupancy is made and entered into this 811' Day of -lone , 1989 , by Torre Avenue Properties, a general partnership, (hereinafter referred to as the "Developer") , and the City of Cupertino, a municipal corporation of the State of California, (hereinafter referred to as the "City") . A. WHEREAS, Developer owns that certain real property located in the City of Cupertino, County of Santa Clara, State of California, more particularly described as: All of the certain real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being all of Parcel _ / as shown on the Parcel Map recorded on June. A 1484 in Book foo of Maps, at Pages 26,awd 29 Santa Clara County Records. B. / WHEREAS, Developer is developing a One Hundred Six (106) unit apartment project upon the Property, (hereinafter referred to as the "Project") . C. WHEREAS, City has required that, as a condition for its approval of the Project, Developer covenant to rent no less than 51 of the units to persons who intend to occupy such units with people such that at least one occupant is at least Fifty-Five (55) years of age. Now, THEREFORE, in furtherance of the foregoing recitals, Developer and City agree as follows : 1) The City hereby consents to the issuance of a building permit for the Project. 2) The Developer shall rent no less than 51 of the units to persons who intend to have the units occupied by a resident, or residents, of which one person is at least 55 years of age. 3) Developer may rely on the signed statement by the lessee that the unit will be properly occupied. The Developer shall maintain a record of the statements and the names of the residents of each rental unit. The City shall have the right to inspect said record, upon reasonable notice to the Developer, to insure that the Developer is complying with the occupancy age restriction. 4) Developer reserves the right to impose additional restrictions, including higher minimum age requirements, and City agrees that such restrictions shall not be affected by this Covenant. State of California SS. L040PAGE18445 • County of Santa Clara On this Fifth day of June, in the year 1989, before me, Cheryl L. Allmaras, personally appeared John Vidovich personally known to me to be the person that executed this instrument, in behalf of the partnership and acknowledged to me that the partnership executed it. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OFFICIAL SF,1L 11 o //q� F'>" °• CHERYL L AL LMARAS / ',ry/ �(/�(/�/7 / /i//_�na a rt; NOTARY PUBLIC - CALIFORNIA IIS he Y y 777 V^^� " til _My SANTA CLARA COUNTYDEC9,L. Allmaras '`'" comm. expires DEC 9, 1991 10200087 TILEDAFUR REOFHN AT REQUEST4-A-� CA-3 V AUG t NO FEE stafr A CLra a co m SA.�"i1vVIE LAURIE ncCORDER LO4OPASE1843 Y � I43 ' „ i ?511t+ , • +.rtt '•fVi••• I 41 - \ • - • frt. . e4 1 • _ L j • • sat a$ e p tt 5) This Agreement shall be recorded in the Office of the • "County Recorder for the County of Santa Clara. Said Agreement ' shall run with the land and be binding upon the Developer and • every person who now or hereafter owns or acquires any right, • title, or interest in or to any portion of the Project. 6) The parties hereto acknowledge that this Agreement may be amended, modified, or terminated upon a majority vote of a quorum of the City Council of Cupertino and that such vote may occur without public notice. However this Agreement shall expire on the earlier of the demolition of the Project together with the three (3) story office building to be located on Parcel 1 as shown on the Parcel Map recorded on I, 8, i981 in Book 660 of Maps, at Pages 24 and 2.7 , Santa clara county Recorders, or Fifty-One (51) years from the date of this Covenant. 7) The parties hereto acknowledge and agree that this Agreement shall terminate upon the finding by any court of law, or administrative agency that this Agreement is illegal for any reason including, but not limited to, a determination that this Covenant violates any State or Federal Law and/or Statute or the State or Federal Constitution. 8) This Agreement shall be subordinate to any Deed of Trust recorded against the Project. - 9) If any provision of this Covenant is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the provisions shall remain in effect as if this Covenant had been executed without the invalid part. IN WITNESS WHEREOF, the parties hereto have executed .this Agreement on the dayand first written above. ,' —',7:::: , ,'•' ''` ' 4 year x.,. ..`, Approved a t £ m: Cityof Cuperti . • r ''�.'1v1,1.�, 2' 4147 j� �� o P g 61 �-t Mayor 4�i�_: , e.. i i a < ty ' t o ney / � ' .Y ./ . /, Y. , . rr City Clerk Y.G��nE"r' ' \i ; Developer 1_ L�;It'wP,VO.:.°it,�::,.. Torre Avenue Proap stti s , �' - By �/ 4,—r, CeG1 Partner Notary Acknowledgment Required j No FEE IN AccoP,DANdt 9164440 '• WITH GOJ CODE 0103 RETURN To CITY KO45M6E 550 ' " OF CUPERTINO CO 90300 TOR12E AVE. —in ;e rn T- Ct1-^�-• Ev O w Z A cv s :NO. CA 95 r, -t_n ... -t�i O14 9,:AYa ilk ," " kQ r, cny RFSOIIPTION NO. 7065 � in> ra • m c p1-t.o G zrzo .s \tea A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPEPternpa 0 AUTHORIZING EXECUTION OF DEFERRED PARK FEE AGREEMENT wrV v', m TORRE AVENUE PROPERTIES - SOUTHEAST CORNER OF STEVENS CREEK BOULEVARD \, • AND TORRE AVENUE WHEREAS, there has been presented to the City Council an agreement between the City and Torre Avenue Properties for the payment of park fees on property at the southeast corner of Stevens Creek Boulevard and Torre Avenue on a deferred basis as more fully outlined in the aforementioned agreement; and WHEREAS, the provisions of said agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, HE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute said agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7o day of January , 1987 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks . NOES: None ABSENT: None. ABSTAIN: None APPROVED: /ss/ w. Reed Spsrkc Mayor, City of Cupertino ATTEST: THIS IS TO CERTIFY'THAT THE WITHIN INSTRUMENT IS ATRUE AND CORRECp OF THE ORIGINAL ON FILE IN THIS OCTFICEpY ATTEST /s/ Dorothy Cornelius CITY CLERK J. ' 19 8'7 City Clerk '• THE CITY DF CUPERTIN❑ BY L ✓i-- A./ / CJTY ct. aK -- ` 1. AGREEMENT K 0 4 5 PAGE 551 This AGREEMENT made and entered into this 20th day of January , 1987 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and TORRE AVENUE PROPERTIES , hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for Parcel • Map to construct and maintain sp.-ant citizens apartment com „Text hereinafter referred to as "Project." WHEREAS, the Project is approximately located at the southeast corner of Stevens Creek Boulevard and Torre Avenue, Cupertino, California, and, WHEREAS, the Project has received approval by the City Council of the City of Cupertino - application No. 12-TM-86; and, WHEREAS, the CITY is approving a Parcel Map on lands subject to fees under the Park Dedication Ordinance No. 602, 1972; and, WHEREAS, the Parcel Map is incorporated herein and attached hereto by reference, as Exhibit "A"; and, WHEREAS, the development of building on Parcel 1 on said Map is in the distant future; and, WHEREAS the development of building on parcel 2 on said Map is imminent; and, WHEREAS, the CITY agrees to defer the collection of "Park Fees" on Parcel 1 only; and, STATE OF CALIFORNIA • I ts. COUNTY OF SANTA CLARA K 0 4 5 PAGE 553 on....aappary.8...19.87 before me,the undersigned,a Notary Public in and for said County and State,personally ' . appeared ,ichn T. vi.dsv.i0) a.- •• .. . known to me or proved to me on the basis of satisfactory evidence to be one of the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed same. • WITNESS my hand and Official Seal. . 6:404e40:204GX2GMCKIGY.IGFOGA2GY.2GY40,46 _•-• A 4sN je jc_ Ga___ 8 . , OFFICIAL SEAL it...1 VICKIE J. LAPP-COOK tn. IF g 4 NOTARY PUBLIC.CALIFORNIA g SANTA CLARA COUNTY Vickie J. b:6-Cook Notary g . My.Commission Expires Jan. 8, 1990 g • ACKNOWLEDGMENT—PARTNERSHIP 6 ?Ca4204104204$MCAIGY.70.20461.2GAGY4C401/a VTC-I30 --- - • K O45PAGE 552 ' M1 WHEREAS, the DEVELOPER agrees, under separate agreement, to pay fees on Parcel 2 of said Map; and, WHEREAS, the DEVELOPER agrees to pay the CITY within 30 days of receipt of a demand by the CITY the then current "Park Dedication Fees" as calculated under the provisions of said CITY ordinance. It is further agreed by and between the DEVELOPER and the CITY that this AGREEMENT shall remain in full force and effect until issuance of a Building Permit. Payment is then mandatory. 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 B, 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 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. ,. ym Se CITY OF CUPERTINO 1r v F .r Approved as to form: ' . rat 2147 Mftot.f. T.- f -� r ,0 aF , Vi t; l ity Attorne C ty Clerl� Y % C'v' 7 '' j { r / ( 1 L .! C Ci j TORRE AVEENOEJ,PT;OPERTIES All signatures require notary �,pSw` • 4, 1-A acknowledgement. Partner Exhibits A and B attached. • A • A KO45PAGE 554 • • PARCEL MAP CONSISTING OF2(TWO) SHEETS BEING ALL OF LOTS 5,6,7 8 8 OF".TRACT NO.7661 RECORDED IN BOOK 543 OF MAPS AT PAGES 25,26 8 27 SANTA CLARA COUNTY RECORDS AND ALL OF LOTS 4.5,6,7 B 8 OF TRACT NO. 7662 RECORDED IN • BOOK 544 OF MAPS AT PAGES 26,27 B 28 SANTA CLARA COUNTY RECORDS AND LYING WITHIN THE CITY OF CUPERTINO CALIFORNIA SCALE:1••50' SEPTEMBER 1385 KIRKEBY 8 ASSOCIATES, INC. 12228 SARATOGA-SUNNYVALE ROAD,SARATOGA,CALIFORNIA 95070 (408)257-0600 �•.'��.C�.� 3 • ' CA LI :moi/ •rM1� N09'5.45'E tH.(t !/ •- b' r$tYr �• x ft KJ :.6.2]•4941' 1..36.92•EJB-.•: \ .2 \ (4tlina• d 9" V., 12144 )dart• °h•uZ� �, .4•s,, - 4 ro �0 : 1..18.30 "uv a1 Y• �^ 6' g W fn ..6'46'10 19' 4.19.11'11' 4'/ ,,,:,a N ... f ,add •y yi/ -�, OTte �� 1. 4'xi42.d1 R!)4f.n": Ay'•a.'t'• •y,S.E: -i . b .iN __ ‘641W16.-, .� zi 7055E AVENUE ,E NOTED m • N00'21:2YE 111.01a pr z I. _____rdb M NILE DRIVE''- '"Nn•03.35-N-12.00 ,r � r- ...12.32']509'1•,,'•`6.16'5901-;- �_ 00'!6'42'1 - 1_R . P.S.E,S.f1"--.A.4.+ . • 5.20' 1..157.29 21,2a13754-.......12T4 72 a E�? �-�e,14�'E ILL.IE- 1..10.45 • :ij 19.44 tgb7T31)29'N d•6)•34bo_. 1 1 "'d•]Ibi 4i w. • Y ; ` 1 15.56 .Poeifie Sell R•3';I," I I azOelC3)' R•u' 551 ••.•d199'900p 69910.1).1306 • 5.814.0 010.83 _ RSEMENC' . a R.1 I4Y' i� L+l6.4] • ,h `_^ L11LId »I I Il2N 1 I It 2 ..- uf2,oM vp'I 11.1 1 ate. JI j;•- $ :11 . • 3 a • ; LOT I 6` SAI- �`0 4��e die 6.46•0(ze +i �.L a R•4di1232.14"'r Li 5.4031.-4 •• _)e2 o: 4: •�'R•soy 4x).0 TRACT NO. 7 :74 ---- N09' 4'15'1 I].Po 4.45.52'15' m z 3.a,.5;14;L•19.0 �.-.6.41.1G 53' 1 6.41.'0:x0 _ .- R•40;L•19.E) z .. .. ._- S4• 2 dd•96's1'1i R•4d;L•1tu,� ,C e•Iri-\ .,{i�I' 2.54.05;L•4554 }I X4M.00. . 1 I 8 n � )�`ri'• N4Yxl'o6'6 PARCEL 2.401-A e. II 3I PARCEL t en \ • - i co\'f?'..• 0.48•s2'oi ,W I $la 2.4911 Aes. \ e.:el wcI Z \pg*\ 4.56'11..14x44 ' • J .1, J; e t L...11.48'32'07" I \ z u 1 F r R•TOI1..62.6) �^ _111 N40•)i IS'E Y L 1 It lir t.,.Nes•oi43 w t - • I d•30.5nC 55.00 y`x"' \ %\b IpI•' Y' 3115 `� 1.•1156 1a ^"'-'I-'-1"Pacifc Ea .,.1451 0.5.1105 41jfb. g ` .„a•5ob2'R' +�°b�'� e_z.!) ` 1l.EII ! 4.36.3004• t&ey. w .R•zd;L•lale 4�°tle -4114;1..42.14 a•!9'oT'4e...,• e. 4125. . NOO SYIt't 10594 0 .1'-.-elite ae L.41.26 of ; :•Ne9'eb'4e'w , /•'.••• y R•!1.';.s)1.45 1.94.1 9.44 1C E1.Id 5.9.1. 3` �• /3,12.32'44' 4•X.50;L•tt.W yI ,• 1 05360.4.12x! Oil \,' R•e5';L.12.26 kWothiT.1......• I 1 di\ .4.114'8:16' 22.24 1TI ,N0 :41'E . di'411 R•I3';LOIS! 'N 1...•.6,]6.3006 ,1 le/ r • Y 1).74';L•4xN -+I o Nls•4x54'E •' E).10'1.0.1.-N W'1i 11'1-13.81 r,I • 11.52 •.-E Id S.SE.-N 84.3557E-331.61 _o-X90'39 DRI )x.t4z -111-' : DANUOE DRIVE 1)03 ."T.-H84•864.-S-4..o 45'M'•16 De I / • s i N69•4'46'N-H.00 1,•-�15 X56.1511'1 t. _ I' 2,44.4!'[9' .-1 !66_6___.• .. �,� _•__ 1.4% r I 12.136';L•2b.e{ :•d•a 1. 1)' la 1 N5)•Od4e'N-9.T{ X00'124 13-E � , -d•5l'45'lt' E. R•2';41.14 aa 2 s�:=:2‘1311/4.i.3-'41°• 9.bt � ;% R•z0';1..10.63 A. 45 - 44;464.62. rNOo')i ITE .4N 4' ._ 1. x42•6:le'E•11.1or m „� \'' _. ,-11.92' 41.76 \RLf4' II:, .'d N'114fj••.."'.• Na4 -R0.fi 22 I -8„ R•0';L•14.55 : , 1..21.:4 '')/ 4.51' �59•o54rN-19.9-P.9.E,65.E.fEY.A.[;4•'_ P' L to ).yf,, 02.19 e 2 3m --• ELI'S• �'- � • - �Y !122(%'tP.9P1'1' kt4t!E --' a-.rte- :r2t'_ _ ..-7:1,-. 24too Yi)_mll - .'4- G 6.10$.QE•x6d•26'12'N-' -a. t45145.11e.n ry92' 9'12"f. � 4 .11 •u0oilSo-:a.: -- -- - 32.56 •'. - le�, ' `:°046'.4 aoo , • 1H • .4.100' mm Y.1..• 282 YIZ ••MJSL!'E•46! ' 4{1. 2 1..41.41 MET t OF t 111175 •• K © 45PAGE 555 ' EXHIBIT "B" Property Description All of Lots 5, 6, 7 & 8 of Tract 7661 and all of Lots 4, 5, 6, 7, & 8 of Tract 7662 as said maps are recorded @ book 543 page 25, 26, & 27 and book 544 page 26, 27, & 28. RESOLUTION NO. 7065 A RESOIUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECi1TION OF DEFERRED PARK FEE AGREEMENT WITH TORRE AVENUE PROPERTIES - SOUTHEAST CORNER OF STEVENS CREEK BOULEVARD AND TORRE AVENUE WHEREAS, there has been presented to the City Council an agreement between the City and Tbrre Avenue Properties for the payment of park fees on property at the southeast corner of Stevens Creek Boulevard and Torre Avenue on a deferred basis as more fully outlined in the aforementioned agreement; and WHEREAS, the provisions of said agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, HE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute said agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7o day of January , 1987 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ W. Reed 'Sparka Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk 11 . ,6 • jM Citt1 of Cupertino 10300 Tone Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK May 23, 1989 • Torre Avenue Properties 1307 South Mary Avenue #201 Sunnyvale, CA 94087 AGREEMENT - TORRE AVENUE PROPERTIES We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Torre Avenue Properties, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 7824, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, May 15, 1989. • Sincerely, S- ,d-ftart-044-7*9 DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works CO RESOLUTION NO. 7824 A RFSOLUPION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARIODL MAP AND IMPROVEMENT PLANS OF PROPERTY IlcCNIED.AT THE SOUTHEAST CORNER OF STEVENS CREEK BOULEVARD AND TORRE AVENUE, DEVELOPER, TORRE AVENUE PROPELS, AU HDRIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGJDIG OF PARCEL MAP AND IMPROVEMENT PIANS WHEREAS, there has been presented to the City Council for approval of the parcel nap and improvement plans of property located at the southeast corner of Stevens Creek Boulevard and Torre Avenue by Torre Avenue Properties; and WI S, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, gutters, sidewalks, and for other improvements, and good and sufficient bonds (letter of credit) , fees and deposits as set forth in Exhibit "A", having been presented for the faithful performance of said work and the carrying out of said agreement; aid said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all easements is hereby accepted. c. The City Engineer is hereby authorized to sign said improvement • plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. • PASSED AND ADOPTED at a regular meeting of the City Council of the City of apertino this 15th day of May , 1989, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Koppel, Rogers, Plungy NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 7824 • ATTEST: APPROVED: • /s/ Dorothy Cornelius /s/ John J. Pinney, Jr. City Clerk Mayor, City of Cupertino RESOLUTION NO. 7824 ENHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: APARTMENT 'IORRE AVENUE PROS LOCATION: SOUTHEAST CORNER OF STEVENS CREEK BOULEVARD AND TORRE AVENUE A. Faithful Performance Bond: Off Site $ 38,660.00 THIRTY EIGHT THOUSAND SIX HUNDRED SIXTY AND 00/100 DOLLARS B. Labor and Material Bond: $ 38,660.00 THIRTY EIGHT THOUSAND SIX HUNDRED SIXTY AND 00/100 DOLIARS C. Checking and Inspection Fee: On & Off Site $ 4,467.00 FOUR THOUSAND FOUR HUNDRED SIXTY SEVEN AND 00/100 DOLLARS D. Indirect City Etpe : $ 670.00 SIX HUNDRED SEVENTY AND 00/100 DOLLARS E. Development Maintenance Deposit: $ 1,000.00 ONE 'THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: $ 5,546.00 FIVE THOUSAND FIVE HUNDRED FORTY SIX AND 00/100 DOLLARS G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: $ 210.00 TWO HUNDRED TEN AND 00/100 DOLLARS J. Park Fee: Zone: III (Acct. #480-0000-416-033) $390,600.00 THREE HUNDRED NINETY THOUSAND SIX HUNDRED AND 00/100 DOLLARS K. Water Main Reimbursement: N/A L. Maps and/or Improvement Plans: As specified in Item 23 of Agreement 9. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the aioount 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. 10. 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) . 11. WATER MdiIN EXTEDISION 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 CIX until said monies are needed to implement inprweloents outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 12. 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. 13. THE DIMA na'I0N OF stRar2 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. 14. 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. . 14-A. PARK FEE ADJUS=T PROVISIONS The value of the land used in establishing the "Park Fee" outlined ' herein on Page 2, Part J, requires formal confirmation. The CITY shall employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" based on the appraisal. The Developer agrees to pay for any deficiency within thirty. (30) days and the City agrees to refund overage within thirty (30) days. Adjustrnents shall be made prior to acceptance of the subdivision improvements. • 15. MALTIENANC OF CPK 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 aid 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 C'PY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 16. SANITARY DISTRICT o It is further agreed that the DEVELOPER shall file with =TY, upon execution of this P.GREINENT, a letter tr...w 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 15 above has been filed. 17. GCVE-rNM NT COC 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 Cn-io, pertainingto special assessments or bonds, have been complied with. • 18. CENTRAL 2'•i u}. 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 saiei 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. • • 19. PACIFIC GAS AND ELECTRIC/PACIFIC HELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC PM, Company any and all fees required for installation of overhead and/or wvaergmnnd wiring circuits to all electrvliers within said property and any and all fees required for • - underground ng 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 HELL Company that said fees are due and payable. 7 . • 'otrpndro ao SSFw ata ;o TFou« Aar) atp. Sq Tie arctapt open eq aou new eT44 ;o quamubTsse ERZ swami Q ett; ;o saaaaa;saaxa Pae aauffrrese 'masers 'saoanoexe 's1o4224sprp uP 'arca[' eta Purq liens mmawasasv Snit stns :cons 'PE 'ez meal aepun perTttea dem pile suetd ;o sauFad Tie ao; gscoata aisodep eourueaureuz aueuth enep eta um; eta Aed oa seeibe 2IIdCrIIASQ euj 'dem pile sueid aueutanoadmF peanoexa Tie ;o pxeo aanaexede urT ;oaaTu enTaebau aenTTs bupeoFTdnp aoa TP V '0 •sueid auana^oad T Peau Ann; go sauTad (0') ue4 Pue mTdes aeTAw V '8 'dam Teand paanoare ATTn3 ;o Baur (L) uanas pie eFdaS aetAu B 'fit :esuedxe s,2aaaiat eqq. ae sueTd ao/pue dam arp':ono; ata uFeago Urge AI10 eat ret} paaxbe aauaana sT aI SNYId IMEGISn011a411 uo/arm saran •Ez • Fi«t p u eq. AiddATTe be Tiers . eta ;o��opoeload eqm aoa ewoge pie uTaraq tam; ars uoTsTnoad ata We uoTeTATI:qoe TeoTWFiod ao AaFTedToTutwt tons emeu-oo 'new a tope pile trTezet PaaFnbax souszneuT ;o saloTiod eqa 'moo;FTeJ ;o woes eta ;o uoTsTATPgns Teonntiod ao MTTed dorms aaezedas a 3o aopoFpsFanc ;o ease etla roe;;e ao uT pe;en4Fs Aiienatnm eq Pinot[s trceaeg paaanoo roma eta retia guano eta UI 'D egoexaqa enpaou aoae.pe sAep (on) ua'a ;mei ae ismWhia A4T0 etPl buTATe anoti;T-m epue/co uT uoponpaa ao uonettaoueo atm army Toamd auemesaopue up ,nnaq Tittle sap-nod = So3Tod tuns [peg 'aaauTeua Aero PFa' oa Azoaoe;sFaes eq Urge se aoueansat ;o seToTTod ao AoTTod buTobeao; pies ;o eou8PTAe tons 212(dOIIIA.I et4 Sq ag3113101EIV s Ftp ;o uopnoexa ;o aozpa eta oa soTad ao ae aaeucbug k F3 etp [poet eTT; iTegs Z zaC LIAsu eq', 'H '00o'00Z$ uep. scat ;Du ;o ;FmTT eaebaxbbe ue qaTA acne= euo due ;o aun000e uo 000'05$ 'ebemep argecioad 'eoraaatt oo [pea D00'000 :uosaad [pee 000'00'$ 'SxncuT ATFpoq aog :saunoore tonutrurot buTmoTTo; eta UT ebeaanoo epTeoad new eoueznsuT ;o eeToTTod •pFes 3o toe's If f• AGREEMENT i TORRE AVE/STEVENS CREEK BOULEVARD This AGREEMENT made and entered into this 15th day of May , 19 89 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and TORRE AVE. PROPERTIES, A GENERAL PARTNERSHIP hereinafter designated as DEVEIDPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a PARCEL MAP & BUILDING PERMIT to construct and maintain APARTMENTS hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by KIRKEBY & ASSOCIATES a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans . shall be called the "Work." 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: SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: OFF SITE 38,660.00 THIRTY EIGHT THOUSAND SIX HUNDRED SIXTY AND NO/100 PART B. Labor and Material Bond: 38,660.00 THIRTY EIGHT THOUSAND SIX HUNDRED SIXTY AND NO/100 PART C. Checking and Inspection Fee: ON & OFF SITE 4,467.00 FOUR THOUSAND FOUR HUNDRED SIXTY SEVEN AND NO/100 PART D. Indirect City Expenses: 670.00 SIX HUNDRED SEVENTY AND NO/100 PARTE. Development Maintenance Deposit: 1,000.00 ONE THOUSAND AND NO/100 PART F. Storm Drainage Fee: - 5,346:00 FIVE THOUSAND FIVE HUNDRED FORTY SIX•AND NO/100 PART G. One Year Power Cost: PART H. Street Trees: By Developer PART I. Map Checking Fee: 210.00 TWO HUNDRED TEN AND NO/100 PART J. Park Fee: 480-0000-416-033 Zone #3 390,600.00 THREE HUNDRED NINETY'THOUSAND SIX HUNDRED AND. NO/100 PART K. Water Main Extension Deposit: N/A PART L. Maps and/or Improvement Plans: AS SPECIFIED IN ITEM 23 • 2 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 shown 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 AGREEr1ENT 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. (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 enamhrances 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. INSTIDTION 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 AGREESLECTT, 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 in accordancewith 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. 3 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 carrmenoement 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 arra 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 and Authorization" in favor of CITY, when presented to him for signature. 5. BONUS 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. 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 AGREEMEIT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. 4 • (I nova) z abed ge uTeaett tt4zo; qes se gun= eq 'AJ.Ia 3o (T9/40/ZT PeSTAe21) tt sox eouvuTpo0 3o T:4 uoTgoeS Wm emend= TIT 'slue= 3o arppetp PTeT3 Put des Tour; 3o buppet" p eow33o ao; 'Std sTTp Jo uoTpnaexe ot. =Tad 'Amm0 STM ;Tsodep rregs 2taaaanaa stn. Weq4 peeabe aetnatg sT 41 • na otmoD dV1.1 •e • Ca lava) g abed ge utezeg t .zo; as se gtuw®e eq 's;ue®Aoadurr eseg}; bttTsseooad og etgeooTt2 etre notarpirr Ilkpailaff wTq. 3o uor;noexe o; aorad 'Aim0 og Led tTttls 2aaonAac ;egg Peaabe mg-42W sT 4I SIS±&n IO3 IIQta •L 03osnt. ;Tnsaz 2 se bttTmo Pm enp uns T'euoTgTPPe Aue 3o 2IIaoT3A.'IQ AJTgou liege leenTEoa A4Ta aqq. 'PegeTtoTeo sT U S PTS qPTgz too; eg2urpse egg coo; ATTuTaeg.ut Azea 3soo uoTgoragsuoo Pints • (o zzva) Z shed ge u?axstt gnaw gas se gunomv egg gamapa py s-pn 3o uopnoexe o . =Tad 'Lno STM PegTsodeP 9A2[1 new 2 arliA2Q ;egg Pus. 'pecoaa PT2S tf}TM uoTgoeuuoo TIT AHD A4 PazanouT '•oge '&IPPatp 'uoTDedsuT 103 sesuedxe 40e2TP Aausseoeu tTe pie Aim Led TT2gs gidalHASti ;egg Peeabe aeggang sT 42 23d NOLIJSdStI GM( OHO D •9 egg. in-u4 PE;Tsodep ApTanoes Sue uo PF2d e4 TTS 413612.411T ON •a • -F irco AgT'a egg. 3o Tenoadde uodrt gdeoxe 8p2ut eq 'VMS 'wTsodeP 3o eg2oT;T4zeo ao hCaatp ';TsodeP gseo 'pttoq Awns 3o eseetaz ON •a us Kw 3o std egg LTdde Aeu[ •ogezett� Tan AIM egg 'PazTrd�az uTaratt sguaUC3ACuduTr Sue ao 'puet ;o uor}eowep AIM ao 'gum/cm' Sue axew og ao ',Imipc{w sT 3o suopTpuoo pup s;ueeaco egg =plied oq ATTRjtpTe; TTeg 'CLEW 2IIa0I3Aau sip. ;etp. =OAS std uI 'Wog A}dans a tt}Tm AMID eqp Pegs-rung Nada= egg Pet Percnbaz uaaq 92q Pinot tpTtM ;erg og ;uattap be egg eq 'UMW pup samenTbus AgTD egg Ag PaZeUErrsaP s2 eq TTS wTPeg0 jo quaunagsuT ao 'gisodap 3o ageomgaao 'sato 'tS O PT2S do vacate eqa, •3 . (0) ao (q) 66499 uopoes sP00 guataraeto;) 3o sluatarimbal egg agleam TTPem ;o guxurinsuu ao 'gtsodep ;o ege0T3T V '£ 'ao :otrpzadro 3o AgTp egg ;o aepzo egg o; eTgeKed pstp pamgaso a ao 'perp s,saTgseo y •Z 'ao !ttseq •T egg tp.p+t buFgTsodep Ag INEREDEri spp. ares 04 pale Ata HadaIIASQ etp. 'puoq Agaans.a ;o neTT uI •g • • 20. EASENENIS 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 provided that in ar7Aition 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. 21. 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 performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 22. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall requi*e any contractor engaged to perform the Work to take out, and maintain at all timea 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 indivirb,all y 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 hnitiy 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. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. mas(MM/Dz s.,essvrr Altera L ISSUE DATE MM/DD/YY CERTIFICATE OF IIVSURAf�CE _� ' <... �. .. _ ..,,..0- -** : z* s'zz = ? a .. -,w"4 a ..«.�' ac, srSs t, > „ I 1 5/9/89 PRODUCER • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANDCONFERS NO RIGHTS.UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Sardine Emett & Chandler EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW r p P.O. Box 637 - Santa Clara, CA 95052 COMPANIES AFFORDING COVERAGE COMPANY CODE SUB-CODE '( LETTER A Royal Insurance Co. COMPANY Fp B INSURED _ LETTER Great �/ ec American Insuranco. De Anza Properties =Pr Y CPUBLIC WORKS 1307 S. Mary Avenue, #201 Sunnyvale, CA 94087 COMPER ANY D MAY 1 0 1989 LETT COMPANY E LETTER °COVERAGES , " ,. i* v..'''$., 's ,8 s a`' k '§J u<"','. . War * a `-:.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT;TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE!POLICY EXPIRATION ' LTR • DATE(MM/DD/YY) I DATE(MM/DD/YV) ALL LIMITS IN THOUSANDS GENERAL LIABILITY - - - - GENERAL AGGREGATE $ 2,000 A x COMMERCIAL GENERAL LIABILITY PRODUCTS.COMP/OPS AGGREGATE $ 1,000 CLAIMS MADE x OCCUR. PSV 001255 9/1/88 9/1/89 PERSONAL&ADVERTISING INJURY. $ 1,000 OWNER'S&CONTRACTOR'S PROT. - EACH OCCURRENCE $ 1,000 FIRE DAMAGE(Any one lire) $ 100 MEDICAL EXPENSE(Any one person) $ 5 AUTOMOBILE LIABILITY COMBINED r' ANY AUTO SINGLE $ LIMIT ALL OWNED AUTOS BODILY SCHEDULED AUTOS INJURY $ (Per person) HIRED AUTOS BODILY NON OWNED AUTOS INJURY $ INJr accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY _ EAON AGGREGATE u OCCURRENCE - B X PRO 6 27 9730-05 9/1/88 9/1/89 $ $ 5,000 5,000 OTHER THAN UMBRELLA FORM WORKER'S,COMPENSATION STATUTORY AND $ (EACH ACCIDENT) EMPLOYERS'LIABILITY $ (DISEASE—POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) OTHER ' - -- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Certificate Holder is named Additional Insured with respect to all California Operations and naming city and members of city council individ- ually and collectively and the officers, agents and employees individually and collectively. CERTIFICATE?HQL'ER Yrz:a: _k___w...___ CANCELLATION mt s1 �....a. <. � - � .�, a. ,_. .a..�t + , . ,. ., ,,.v` �3s."21 . , Sia SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Cupertino 1 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL emoutl a 10300 Torre Avenue MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Cupertino, CA 95014 .$` LEFT„pIF11 NXPFIfXII4X14f4XXNXSXDP.X,t' 0I- „ 4�r'.xyr, tie $ V gut,. ,siii . . . X AUTHORIZED ' RES /a s," i en/4r iACORO 25 S(3/88) , f,.', � , !, , ,�,,, -. , _,v �, ,?' , ©ACORD'CORPORATION,198,81 State of California SS. 1 County of Santa Clara ) On this Ninth day of May, in the year 1989, before me, Cheryl L. Allmaras, personally appeared John Vidovich personally known to me to be the person that executed this instrument, in behalf of the partnership and acknowledged to me that the partnership executed it. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ^ Al OFFICIAL SEAL 1/11:*- CHERYL L ALIMARAS Lta p //y�/�j//J�n u1J,+ NOTARY PUBLIC -CALIFORNIA SANTA CLARA COUNTY Or( T_ A l l n.rn� F.5% comm. expires 9, 1591 rhe�-.. • IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CtiPE INO: , e7 Approve. - • . S�Lri►, _ 1. . //' I it 10 /e / ity Atto - ' I 7 / ty Clerk, • DEVELOPER: agjt.-r. -Nr--14-nNif.)`• i 1. Notary Ackn wled meet Required „ Exhibit A Attached • 7 I a 4 J _ _ 8032517 enctilY3 oFfUPERTINO , ,a, CITY'CLERKS,DEPARTMENT 1453 r"GE 376 ��� ' 31�030(MT oe Avenues, i ,.a.. : F1LED FOR RfCJR:.ven -"Noill2524ve er4,n : AT REQUEST OF • �P 3 34 g4 e9! OFFICIAL RECORDS 9�� SANTA CLARA COUNTY GEORGE A. I4AHH RFCISTRAR RECORDER RESOLUTION NO. 6307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO 8032517 „ APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7574, CUPERTINO TOWN CENTER LOCATED AT THE SOUTHEAST CORNER OF TORRE AVENUE AND STEVENS CREEK BOULEVARD DEVELOPERS, TORRE AVENUE PROPERTIES, A GENERAL PARTNERSHIP AND JASON CHARTIER, ACCEPTING CERTAIN EASEMENTS; AUTHORIZ- ING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS, AUTRHOIZ- ING THE EXECUTION OF AGREEMENTS IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 7574, Cupertino Town Center located at the southeast corner of Torre Avenue and Stevens Creek Boulevard, showing certain avenues, drives, places, and roads by Torre Avenue Properties, a general partnership; and Jason Chartier; and WHEREAS, there has been presented to the City Council a proposed standard agreement and a deferred agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement, and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map and improvement plans of Tract No. 7574, be and the same are hereby approved; b. The offer of dedication for roadway and for easements is hereby accepted. c. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to sign the improvement plans. e. The Mayor and the City Clerk are hereby authorized to execute the standard agreement herein referred to between the City and Torre Avenue Properties, a General Partnership. f. The Mayor and the City Clerk are hereby authorized to execute the deferred agreement herein referred to between the City and Jason Chartier, which agreement shall be recorded with the County Recorder. le Resolution No. 630 ,r Y, a, s It 453 P!GE 377 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tract No. 7574, Cupertino Town Center DEVELOPER: Torre Avenue Properties, a General Partnership -LOCATION: Southeast Corner of Torre Avenue and Stevens Creek Boulevard Street Improvement Category: N/A A. Faithful Performance Bond: $50,000.00 * Fifty Thousand and no/100 Dollars B. Labor and Material Bond: $50,000.00 * Fifty Thousand and no/100 Dollars C. Checking and Inspection Fee: $ 3,000.00 Three Thousand and no/100 Dollars D. Indirect City Expenses: $ 450.00 Four Hundred Fifty and no/100. Dollars E. Development Maintenance Deposit: $ 265.00 Two Hundred Sixty-Five and no/100 Dollars F. Storm Drainage Fee: $ 6,631.00 Six Thousand Six Hundred Thirty-One and no/100 Dollars G. One Year Power Cost: $ 126.00 One Hundred Twenty-Six and no/100 Dollars H. Street Trees: By DEVELOPER I. Map Checking Fee: $ 50.00 Fifty and no/100 Dollars J. Park Fee N/A K. Water Main Extension Deposit N/A L. Maps and/or Improvement Plans: By DEVELOPER M. Contribution to the excess costs for the North De Anza Boulevard Storm Drain Plan. $ 1,000.00 One Thousand and no/100 Dollars N. Offsite Reimbursements * Work Included: A. Stevens Creek Boulevard frontage. B. Sidewalks along Lot 1. • • Resolution No. 6307 • • 1453 Nal 376 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this • 6th day of April , 1984, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Rogers, Sparks, Plungy NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /c/ John J. Plungy. Jr. City Clerk Mayor, City of Cupertino THIS G,TO CERTIFY Th11�TTHE WITHIN OF TRIJ;ME�ie15A TRU EANf Cf]RCSECT COPY ❑F THE ORIGINAL ❑N`x't,r1 IN TFdfS OFFICE. �, ' ':fie iv. U, ATTER`. c__:L;tat..i. I I' fry CITY ?�- 'n F THE•CITY n PERTIN❑ By _41....,60.1‘: I ' C L E R K 'vvvv., , NO FEE IP1 ACC.ORJAAiCE RETURN TO CITY WITH 60V corm 0103 8032518 • OF CUPERTINO ' 10300 TORRE AVE. CUPERTINO, CA 95014 AGREEMENT 1453 f)!cE 379 This AGREEMENT made and entered into this . 2nd 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 Jason Chartier 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 a commercial development, 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 C conditions of development approval; andsol‘ rA' v^ ( ! N u .m. !b-�— �r >r-Ln (� R �j�^^^ttt�TTT 7,0 ods �rtgrCOn0 Page 1 �� � rn m_ m cn2) o-- x" m o›-0 a a •o m 0. 1453 i'SGE 380 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: Deferred 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 Deferred 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 1453? ?381 A. The DEVELOPER offers to dedicate the real propert show on n .hibit "A" , which is attached hereto and made - part hereof by eference. Said dedicated property shall be ree and clear of al liens or encumbrances except those whic the CITY shall waive in iting. The DEVELOPER agrees not revoke said offer of dedica ' on, and to keep said offer open til the CITY accepts offer by re-elution. B. Upon exec ion of thiz AGREEMENT the DEVELOPER agrees to deliver a properly exe ted grant deed o the CITY of the real property described in Ex 'bit "A" , a - such other executed conveyances, or instruments necessar to convey clear title as herein required. The DEVELO ' R sh- 1 provide, at the DEVELOPER' S sole cost and expense, to the Cit. : (1) A preliminary tit - rep.: t issued by a title insurance company relating to he prop= ty offered for dedication; said Preliminary itle Report all be furnished prior: N/A. ( 2) A standar. policy of title insu . ance issued by a title insurance c. pany and insuring the '.TY in the sum of: N/A, and •'hich shall show said propert free and clear of all lie. or encumbrances except those : s the CITY shall expre ly waive in writing; said policy sha 1 be furnished at - e time of acceptance of dedication and -cordation of d-ed. C. Upon the condition precedent that the DEVELOP "- shall per .rm each and every covenant and condition of this AGREi: TENT, t. - CITY agrees to accept said real property offered or 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 . • 1453 PAGE 382 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 1453 r'GE 383 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 • 7A. MAP FILING FEE 1453r E384 It is further agreed that the DEVELOPER shall deposit with ,CI•TY, 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 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. 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. PARK FEES 1453 nSE 385 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 1453 PAGE 386 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 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 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 • • 1453 r'c=387 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, t:rindividually 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 covered 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 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 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 1453? GE 388 • 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 the date of this AGREEMENT, the following improvements: 1. Pacific Avenue/De Anza Boulevard traffic signal participation. 2. McClellan Road/De Anza Boulevard traffic signal participation. 3. Those undetermined improvements for traffic management improvements required by the Traffic Analysis - Cupertino City Center. 4. Landscaped medians, pavement with textures within the Town Center Planning Area. 5. Any and all requirements outlined by the City Council approvals of the tentative map and use permit. Until such notification is made by CITY, or such time has elapsed, Sections numbered 2 through 21, 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 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. Page 10 • • • • 1453 rf•c:389 IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO Approved as to for ' . • • yor moi. 4> City At - o • n-y ' Cit Clerk-: Imo:. Ly-- r•,r.. i Jason Chart'the, i, t 7 ,,,s• DEVELOPER: 815 —dire: Jason Chartier Acknowledgement and Exhibit A Attached. Page 11 • STATE OF CALIFORNIA ) • ) ss. COUNTY OF SANTA CLARA) • 1453'!GE 390 On this day of 28th day of March in the year of 1984 , before me Stanley L. Howard , personally appeared Jason Chartier 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. OFFICIAL SEAL ' ` STANLEY L HOWARD � /�J{`7' �/ '••D�'t p; NOTARY PUBLIC-CALIFORNIA Nota u iC in and or the County ' ,,jT SANTA CLATh\COUTITY of ant Clara, State of California My comm. cxpirs OCT 18, 1984 4 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 EXHIBIT "A" - " KIRKEBY 5 ASSOCIATES , INC. .. ' , ,. 7246 SHARON DRIVE, SAN JOSE, CALIFORNIA 95129 N - HIS SUBDIVISION .1 )ATED DECEMBER (408) 257-7083 ' ?B )F CUPERTINO ' / \79c! .FD.3/4'I.P. r \ 7 /% 230.59' `�'/ ; LS 5140 / TRACT NO. 8?=t c: ~�/ 3' LOT '. .a.41 • c/ .a�' ., O gf 73 .:.T E3 TO x/ // / DETAIL \sfF00 0� F0.HAIL 3400'56 25'E 1193.11 ��(� i i 2i ` 0:14`0 NW'S715 E� 73'�3o .-SET 3/4'I.P. RCE 14001 I • 12.43 ._:12114 7.250.59 EET AND DECIMALS OTT.,' .,, -- —4. — .. -- 15� ^C 45 _ 3400'50 C5°E '144.41 \� qPc Q - 15J.{2 .'g a �1� °' 10 P.5.E:" ` - "N00'5625'E wan', y .0 4q. VIS E BORDERLINE IS I4,083AC• (n - 10 O9 110.8-11-------1. 94.217-_ *, �.y " 150.92 19.951--r + NI — ,ET UNLESS OTHERWISE NOTED 30 1 I. N) Q ' . 45 (� +JND UNLESS OTHERWISE NOTED ? r - 3) idP.3E: 453!3'H.Z0.621. I © J MONUMENT FOUND 1 341 / MONUMENT SET • �:� 'd.- -,./ CO ,- 'v v -D �'3 10 P.S.E:-• ;o e. A5EI:ENT' t2 `✓. O •n r/•e - ? }, v ''.R EASEMENT" A o O 73 D 0 �'-o •✓ "° .I Y is EASEMENT' p S. i 9p P Z m .• ; • • • t �l` � � a • Citi of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 • OFFICE OF THE CITY CLERK April 10, 1984 • Mr. George A. Mann Office of the Recorder 70 West Hedding Street San Jose, CA 95110 DOCUMENT FOR RECORDATION Will you please record the enclosed document as follows: One (1) Agreement by and between the City of Cupertino and Jason Chartier, Developer, along with one (1) certified copy of Resolution No. 6307. • Thank you for your cooperation. Since DOROTHY CORNELIUS • CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works s%91e j C,*tq of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 • OFFICE OF THE CITY CLERK February 6, 1987 Mr. John Vidovich Torre Avenue Properties 1307 S. Mary Avenue Sunnyvale, CA 94087 TORRE AVENUE PROPERTIES Dear Mr. Vidovich: We are enclosing to you for your files and information one (1) copy of the Agreement by and between the City of Cupertino and Torre Avenue Properties, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 6931, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, August 4, 1986. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works A •5 RESOLUTION NO. 6931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED ON TORRE AVENUE AND STEVENS CREEK BOULEVARD DEVELOPER TORRE AVENUE PROPERTIES; AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located on Torre Avenue and Stevens Creek Bouelvard by Torre Avenue Properties; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit) , fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all easements is hereby accepted. c. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of August , 1986 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None _ ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino a • EXHIBIT "A" Resolution No. 6931 DEVELOPMENT COMMERCIAL DEVELOPER TORRE AVENUE PROPERTIES LOCATION TORRE AVENUE AND STEVENS CREEK BOULEVARD A. FAITHFUL PERFORMANCE BOND: $50,000.00 Fifty Thousand and no/100 Dollars B. LABOR AND MATERIAL BOND: $50,000.00 Fifty Thousand and no/100 Dollars C. CHECKING AND INSPECTION FEE: $ 3,000.00 Three Thousand and no/100 Dollars D. INDERECT CITY EXPENSES: $ 450.00 Four Hundred Fifty and no/100 Dollars E. DEVELOPMENT MAINTENANCE DEPOSIT: $ 1,000.00 One Thousand and no/100 Dollars F. STORM DRAINAGE FEE: PAID G. ONE YEAR POWER COST: N/A H. STREET TREES: BY DEVELOPER I. MAP CHECKING FEE: $ 210.00 Two Hundred Ten and no/100 Dollars J. PARK FEE: K. WATER MAIN EXTENSION DEPOSIT: N/A L. MAPS AND/OR IMPROVEMENT PLANS: N/A AGREEMENT TORRE AVENUE & STEVENS CREEK BOULEVARD This AGREEMENT made and entered into this 4th day of, August - , 19 ,86 , by and between the CITY OF CUPERIrflC, a municipal corporation of the State of California, hereinafter designated as CITY, and Torre Avenue Properties hereinafter designated,as D VECOPER. WITNESSETH WHEREAS, the raDPFIt has made application to the CITY for a A PARCEL MAP AND A BUILDING PERMIT to constrict and maintain a COMMERCIAL DEVELOPMENT hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans arra specifications - prepared for the Project by KIRKEBY & ASSOCIATES a true copy of which iaprovement plans and specifications are on file in the office of the City Engineer of Cupertino; and *MEAL the same are incorporated herein by reference, the same as though set cut in full; WA, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and 'the work to be dans under the Plans shall be called the "Work." 1 i • • / • . 'AS, pursuant to the provisions of this AGREEMENT, the CTSY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following sotedu1e: SCHEDULE OF Ems, FEES AND DEPOSITS Street Lnprovert Category: . PART A. FaithfUl Ferfat Bald: $50,000.00 FIFTY THOUSAND AND. N0/100 DOLLARS PART B. Tatar and Material Bond: $50,000.00 • FIFTY THOUSAND AND NO/100 DOLLARS PART C. Checking art Inspection Fee: $ 3,000.00 THREE THOUSAND AND NO/100 DOLLARS PART D. Indirect ect City : $ 450.00 FOUR HUNDRED FIFTY AND NO/100 DOLLARS PART E. Development MaintenanceDeposit: $ 1,000.00 ONE THOUSAND AND NO/100 DOLLARS PART F. Std Drainage Fee: PAID • PART G. One Year Power Cost: N/A PART H. Street Trees: By Developer • PART I. Map Checking Fee: $ 210.00 TWO HUNDRED TEN AND NO/100 DOLLARS PART J. Park Fee: Parcel "2" only TWO HUNDRED TWENTY-EIGHT THOUSAND AND NO/100 DOLLARS $228,000.00 PART K. Water Main Ecten_sion Deposit: N/A PART L. Maga and/or Improvement Plans: N/A • • 2 49B1m1 ; oA �-' �Y bz ° : P . IIVr, B ,aj4 loIP, . iltielmV At nil . till oi Ole :0 evION amm Alumm / a !vill a Is . " 141 M Itl 11411V 1144Wil 11 ! ti ri ; 1 0541 ig #111q VIVI 0 O i 41:24:4 W o l fig 1 ilhv UTI .� ;q' i o oda o: 4 � T�' " �-�� add]h 0 :� � � ,, �IIII a ; tall . gi= gyp .o� ' � li ! i i ! i 111 411 0 °1 li f;; itii g I ; w ' A P 4,, i 41 11A II 1 BONI mid , m 41 a , ., a E . dwa 4 H �Avant � � 411141111 0 1 w�a1 .a 1m h li 1# 1 N JVDD 411 • • • • C. It is further agreed that the Work shall be done in accordance with the most assent Standard Specifications of the Department of Public Works, California Departnent of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Fterever 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 CTTY 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 canflicta g portions. 3. EXCAVATION PfIdIIT It is further agreed that the DEVELOPER shall amply with Section • • Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the ommmmremennt of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is Rather agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed • excavation is to =lemma. 4. =tam m IE ED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all him-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 and Authorization" in favor of CITY, when presented to him for signature. 5. EMS AND GIBER SECZJRTTY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bowl to assure his full and faithful pertoniance of this A IP:- 'ihe 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 lard 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 bad in a penal sum adequate to assure full payment of all labor and materials required to construct said inmmmmm rats. The amount of said bands shall be as designated by the City Engineer. said bads shall be executed by a surety cagoany 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 an the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. • 4 • • • • B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGSM= 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 insttcnait of credit meeting the requirements of Government Cede Section 66499 (b) or (c). C. The amount of said cash, checks, certificate of deposit, or instrment of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required, had the DEVELDPER furnished- the CITY with a surety board. 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 ecept upon approval of the City Council. E. No interest shall be paid an any security deposited with the CITY. 6. CHECKENGAND INSPECITCH FEE • It is further agreed that DE'VE[OPER shall pay any and all necessary direct expenses far inspection, checking, etc., incurred by CITY in ne conction with said Project, aid that DEVELOPER shall have deposited with C'TY, prior to eweahtion of this AGREEMENT, the amount' as set forth herein. at Page 2 (Part C) . Should canstnhcticn cost vary materially frau the estimate fronwhich said sum is calculated, the City Engineer shall notify DEVELOPER of any additional =adds and acing as a result thereof. 7. nuEXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to ton of this AGREENffiM indirect expense allocable to processing these improvements, the art as set forth herein at Page 2 (Part D) .. 8. MAP CHECKING-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 conplianoe. with Section 4:1 of Ordinance No. 47 (Flevised 12/64/64 of CITY, the anoint as set forth herein at °Page 2 (Part I) . 5 Ob Juitorp w • fiKgv pB6_ • ggt • • . . ok 1rhgiel 0., a51.sas � W plan � ia 9 re tia lQ r a o 1. �y. g sEh • Ikl_ $ R 151189ilit !~ it • {D • ��T} � ih1 let ft O a ',1 lokil hCN • 4- PR µnm j�F�1, �� C79WWrt 'CAF'. � Oti'G • 111 Rb r bn dkagin • 611 lat 111: 10 � ` � 11:9 • • • 15. MAINIEEANCE OF WDRK 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 imperfectirns arising cut of or due to faulty worlaarmhip and/ormaterials appearing in said Work. 16. SAMMY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon n executionof this AGIir, a letter Prom the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGRESEEETT with the said District to install sanitary sears to serve all lots within said Project and stating that a bond to issu=e full and faithful performance of the acr etruction of the said sanitary sewers and to insure maintenance of said sanitary saw in ocnformarne with the provisions as set forth in Paragraph 15 above has been filed. 17. GOVERNMENT COLE It is further agreed that LEVE[OPER shall file with CITY, upon execaticn of this ACTT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government cede, pertainingto special assumments or bonds, have been .complied with. 18. CPYIRAL. es DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this Amman?, a letter frau 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 insert installation and five (5) year rental fee of said 19. PACIFIC GAS AND EL acTRIC,/PACLFIC ffi3. It is further agreed that the LEVELDEER shall pay to Pacific Gas and Electric Ccepeny are/or to PACIFIC BELL Company any and all fees required for installation of over} and/or undergrcund wiring circuits to all elect oliets within said property and any and all fees required for tix3e gnrwnding as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Campany and/or PACIFIC BELL 0mpany that said fees are due and payable. 7 8 'Attn eouaas:F SSapote eq flap eouesneaT net40 4si; 'SeToTtod so Aontod Pies Aq pazenoo Scot eta sz to ecumumuT MOT meg 'At evilmettoo Pup 4TtenPTATPttT 'JLLi� eq_ ;o eeeAotdme pue . 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Ag cans do ecuemzeiaad sti4 4 Tn &wain 1410T4 Pie sauastg sF gI sSElMNi QTOIi 'TZ • 'o01-42a±0 io £T0 eg; t4TM Pe4TSodap eq Tt$gs a/Tnbas Aem ESS0 ag; OR SIIZCme eTgeuosees gone uT Baer TeWsPTouT 1et40 Put 'buTsaexr bn 's;soo Pie Sae; TebeT m; Pasinbes eq Aem se stuns tons 'ogeseug u0T4IPPe uF 4=14 PePFnazd Se =gi sT gI •Aue ;T 'sebemep eoue=encs .zo; eoierotte etgauoseaz a eq rims tuns pFes uF PePerPuT eq o . 'pue tante; eq o} pasodosd puet eco ;o enpuk aeotsam eTgeuosees stn. FuTaanoo mus e AII0 t4TT ;TSodsp TTegs Maonozi et4 legg 'Avn-;o-fta' Pie Wasaffee Pres buTnnoes ;o esoda d eta no; AnD ems Ag Par nbes eze efa Peeooad um:3p auauFue goons e'F} uF ;at; 'MASON 'PePTnoxd ST gI -•eiuete WE ler Uno STET ;e mamma ea4 Aq paacnboe eq nap goecond ens ;o t rpattluoo so; Azesseoeu Aad;o-g5Tp pue guemesee Aue keg; Peaabe asq}a>; ST gi rt*-30-MEld QNY SJi3+IIS'G •0Z ' . • . A. Each of said policies of insurance shall provide coverage in the following minims amounts: For bodily injury, $100,000 each person; $300,000 each ccourrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. • B. The LEVECOPER shall file with the City Engineer at or prior to the time of eoecitiat of this Acid 1Z by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be ' satisfactory to said City Fagineer. Eads such policy or policies shall bear an endorsement precluding the cancellaticn or reduction in coverage without giving the City Engineer at least ten (10) days advance entice thereof. C. In the event that the Project covered herein .should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivisions of the State of California, the policies of insurance uraz required herein and above shall co-nears 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. • 23. NAPS AND/OR IMEROVEMENE PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the LEVE L:PEWS eg arse: A. A mylar sepia and seven (13) prints of fully eacetanted parcel map. B. A�� sepia and ten (11) prints of fully executed improvement C. . A direct duplicating silver negative microfilm aperature card of all emaolted improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. SUCCESSORS This AGREEMENT shall bind the heirs, alni ¢macre, executors, successor, assignee and tranaferreee of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Camcil of the City of Cupertino. • • 9 STATE OF CALIFORNIA h. COUNTY Oi- SANTA CLARA al....JAI-ma/y..8...19.87 before me,the undersigned.a Notary Public in and for said Counry end State,personally appeared „halm T. Vjdovich .. . known to me or proved to ma on the basis of satisfactory evidence to be one of the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed same. WITNESS my hand and Official Seal. VOC4SSCORICIXTOCOSGYaCtSGSOGYSOISYSDS5 1 OFFICIAL SEAL' g -1 l‘ eklIk7)-- (0?-?-• •-,.: tga iis-=';<.•% VICKIE J. LAPP-COOK N'a :-',d-F'. OTAP.T FUBLIC-CALIFORNIA: ri g 4..?,:: ., g ktkg SANTA CLARA COUNTY , Vickie J. La Cook Notary I cs My Commission Expires Jan. 8, 1990 2 • 4e r• CN ACKNOWLEDGMENTPARTNERSHIP ItY-2GY-2GT.VGF.VGY.DCF*0:9€QGMQcQQQC:1‘..WinGS.26 VTC.I 30 ... . C 1 . . • ni WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, therezrto 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 CUPERTIIO: • Approved as to form: /% �;:� Mayor 1 - Attorney •- /�. City Clerfir DEVELOPER: TORRE AVENUE PROPERTIES Notary Acknowledgment Required \ _. ._ Partner Erhribit A Attached _ _ 10 . (Rev. 5/9/86) : . • `r �cvii f , Citi] of Cupertino 10300 Torre Avenue P.O. Box 500 Cupertino,California 95014 Cupertino,California 95015 Telephone: (406) 252-4505 • OFFICE OF THE CITY CLERK April 10, 1984 Torre Avenue Properties Mr. John Vidovich 1307 South Mary Avenue,_ Suite 201 Sunnyvale, CA 94087 AGREEMENT Dear Mr. Vidovich: We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Torre Avenue Properties, a General Partnership, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 6307, which was enacted by the City Council of the City of Cupertino, at their regular meeting of April 2, 1984. Sincer y, • "Z1 DO OTdY CORNE US CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works • • RESOLUTION NO. 6307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7574, CUPERTINO TOWN CENTER LOCATED AT THE SOUTHEAST CORNER OF TORRE AVENUE AND STEVENS CREEK BOULEVARD DEVELOPERS, TORRE AVENUE PROPERTIES, A GENERAL PARTNERSHIP AND JASON CHARTIER, ACCEPTING CERTAIN EASEMENTS; AUTHORIZ- ING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS, AUTRHOIZ- ING THE EXECUTION OF AGREEMENTS IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 7574, Cupertino Town Center located at the southeast corner of Torre Avenue and Stevens Creek Boulevard, showing certain avenues, drives, places, and roads by Torre Avenue Properties, a general partnership; and Jason Chartier; and WHEREAS, there has been presented to the City Council a proposed standard agreement and a deferred agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement, and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map and improvement plans of Tract No. 7574, be and the same are hereby approved; b. The offer of dedication for roadway and for easements is hereby accepted. c. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to sign the improvement plans. e. The Mayor and the City Clerk are hereby authorized to execute the standard agreement herein referred to between the City and Torre Avenue • Properties, a General Partnership. f. The Mayor and the City Clerk are hereby authorized to execute the deferred agreement herein referred to between the City and Jason Chattier, which agreement shall be recorded with the County Recorder. Resolution No. 6307 -" EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tract No. 7574, Cupertino Town Center DEVELOPER: Torre Avenue Properties, a General Partnership LOCATION: Southeast Corner of Torre Avenue and Stevens Creek Boulevard Street Improvement Category: N/A A. Faithful Performance Bond: $50,000.00 * Fifty Thousand and no/100 Dollars B. Labor and Material Bond: $50,000.00 * Fifty Thousand and no/100 Dollars C. Checking and Inspection Fee: $ 3,000.00 Three Thousand and no/100 Dollars D. Indirect City Expenses: $ 450.00 Four Hundred Fifty and no/100. Dollars E. Development Maintenance Deposit: $ 265 .00 Two Hundred Sixty-Five and no/100 Dollars F. Storm Drainage Fee: $ 6,631.00 Six Thousand Six Hundred Thirty-One and no/100 Dollars G. One Year Power Cost: $ 126.00 One Hundred Twenty-Six and no/100 Dollars H. Street Trees: By DEVELOPER I. Map Checking Fee: $ 50.00 Fifty and no/100, Dollars J. Park Fee N/A K. Water Main Extension Deposit N/A L. Maps and/or Improvement Plans: By DEVELOPER M. Contribution to the excess costs for the North De Anza Boulevard Storm Drain Plan. $ 1,000.00 One Thousand and no/100 Dollars N. Offsite Reimbursements * Work Included: A. Stevens Creek Boulevard frontage. B. Sidewalks along Lot 1. • Resolution No. 6307 . PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this • 6th day of April , 1984, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Rogers, Sparks, Plungy NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius _44 John J. Plungy,, Jr. City Clerk Mayor, City of Cupertino , �YAcd-k 151+ AGREEMENT This AGREEMENT made and entered into this __-2nd day of April , 19 84 _, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, herein1,) t �j designated as CITY, and TORRE AVENUE PROPERTIES, A GENERAL ` N " EIMIXXS PARTNERSHIP, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a parcel map and is securing a building permit from CITY to construct and maintain a commercial development, hereinafter referred to as "Project. " WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by Kirkeby and Associates; a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; now THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans, " and the work to be done under the Plans shall be called the "Work. " WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: Page 1 SCHEDULE OF BONDS, FEES AND DEPOSITS -Street Improvement Category: N/A PART A. 'Faithful Performance Bond: $50 , 000.00 * Fifty Thousand and no/100 Dollars PART B. Labor and Material Bond: $50 , 000 .00 * Fifty Thousand and no/100 Dollars PART C. Checking and Inspection Fee: $ 3, 000.00 Three Thousand and no/100 Dollars PART D. Indirect City Expenses: $ 450 . 00 Four Hundred Fifty and no/100 Dollars PART E. Development Maintenance Deposit: $ 265. 00 Two Hundred Sixty-Five and no/100 Dollars PART F. Storm Drainage Fee: $ 6, 631.00 Six Thousand Six Hundred Thirty-One and no/100 Dollars PART G. One Year Power Cost: $ 126. 00 One Hundred Twenty-Six and no/100 Dollars PART H. Street Trees: By DEVELOPER PART I. Map Checking Fee: $ 50 . 00 Fifty and no/100 Dollars PART J. Park Fee: N/A PART K. Water Main Extension Deposit N/A PART L. Maps and/or Improvement Plans: By DEVELOPER PART M. Contribution to the excess costs for the North De Anza Boulevard Storm Drain Plan. $ 1, 000 . 00 One Thousand and no/100 Dollars PART N. Offsite Reimbursements * Work Included: A. Stevens Creek Boulevard frontage. B. Sidewalks along Lot 1. Page 2 • 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 d N� o d 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. **as shown on the tract map, 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 c Page 3 ,' :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 • :.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 56499 (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 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 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 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. 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. 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. 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 Page 7 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 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 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. Page 8 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 covered 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 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. 24. REIMBURSEMENT OF CONSTRUCTION COSTS. WHEREAS, the DEVELOPER will be building on parcels whose public frontages have been improved by others (Exhibit A, Area B is attached and incorporated herein) ; and WHEREAS, the developers who have improved frontages which are subject to reimbursement have provided to the City certified construction costs; and Page 9 WHEREAS, _ the Director of Public Works has determined the benefit reimbursement ratios (Exhibit B incorporated herein by this reference) . NOW THEREFORE BE IT RESOLVED: A. The DEVELOPER shall pay to the City monies outlined on Page 2 herein. Said monies entitled "Offsite Reimbursements" are for the following work: 1. Torre Avenue street extension - 1/2 street 2. Storm drains 3. Street lights 4. Traffic signal at Stevens Creek Boulevard/Torre Avenue B. The reimbursement due the City is the product of the percent benefit and the certified construction costs. 25. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO Approved as to form- ity At :r-Cy City Cler ": TORRE AVENUE PROPERTIES, A GENERAL PARTNERSHIP DEVELOPER by: Joni' Via) Acknowledgement and Exhibits A and B Attached Page 10 PARTNERSHIP AUKNUWLtIJUIVItN I NO.203 e•Seiraii -,T.-e- rrrr-.Cr r _Ores,--re."r r s r rrr r rr .rr -et,-rrrr rrr r r r-.Cr rr r r-r-.0C," r -r-S -State of California On this the 28 day of March. 1984 ,before me, 1 . • } SS. \ County of Santa Clara Stanley T HnwarA the undersigned Notary Public,personally appeared t John Vidovich ❑ personally known to me I +� OFFICIAL SEAL [X proved to me on the basis of satisfactory evidence STANLEY L HOWARD to be the person(s)who executed the within instrument on behalf of the (•'-,"�. NOTARY PUBLIC-CALIFORNIA partnership,and acknowledged to me that the partnership executed It. 1 \WS SANTA CIARA COUNTY WITNESS my hand and official seal. /t__- MY comm. expires OCT 1$ 1984 d {< Not- 0144? er , r 7130 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364 - i • E. Ir , hIr IT __ _ �1 9 {'d a,31E0p . . , , I e»r l 1'!-el rI•�.I DI -_ III in - . „ -:...--_-.5i - _� iiii ` t s • • 4oa .e 1 . ! ° colli Ns `� ♦ ��r ��� !1 /Ig L JUNIOR ■ `-.-{ .a ■L1 Ili Hadief Li I. `, „ RAI / HIGH It. __-2 _. Ilku �M =w OM SCHOOL ■ "'Ina' / o,a My MVP FJ p giAm rmity lib :,....,.• c.. C =zoom a I d • SQJaLL'm �) 6kio&L Perk Eft. ran.. r EI Ckawirq 1--- _ _ . _ ---_ — 117 !- q tar ■DODO Q �� is e1i Vif a � •a ■�Aei/:'7 GEIACO •/ --_ a 696 �t- pla k ,i —trig au roti at `-r wry, aQ W� / _ -- �61li hill dip. iiiiaWiiiii • ¢ ,itti� FIRE o i EE Ion*TT��kk I STATI r 7200 g a- "•." / ' k.• 1• C 11/'if E ^ a nr inn e ■ �� f I f I �, S T E VE R E 1ERvi.Ns • I ' --- .:i: rev/ ar7 ill V l L_ :::• v• _ r! If CENTER Jan- A9.. i tin 70lf: ,.•. BN ""it in il 116-1-0:r. , -Hui . 1 . . • . , 1 jj� Wth11A1' _rt- (CF if o Urrr. . a.Ib���.c 1 �. /,� IC j5r . vv9r rRJr[I_ _.m `f° I E_"��1 clTr '- iiii.�'11iiI� ,T ``�� . yS�� It ?i, .}.�- -ti 1 �' �- HAL I __ �, - 1 ENNUI $r • � 'OWN kESITER LAN• E —� I I$rJ IJ �'11''''••((,, r U • _ YO� sii, `-,,, 5 . o__----- ._. -- - I ' a zw :i a ■Li ■■ s 1-4 Milli .y. . :. .. r•o i l r �� { 1 >• ��• •ice-• al6t!! rd la Pallier Ik I P4U la --..1: • ...44p ts. CAI Y , .br, 1 iii Gi3� mJ • ,. • .., i.,:.1. I .•:..•: - 7 '. ..,:...• ...;;174X-tfrcilo• .72,, "ilei ti marl!III i_111i dI11/1 St .4. vAi ' LLIZAJLONEW MN', � �. "�.�. : iS :. - : ,.71,2 i� :. , �� Ail � EATON LI ' I -7-� H},.... flip, EOSIN •�iiaoi Uiiu%r ►/v r . , _4 `� /�o IiIr lrII'.[ I 1f I III �n yea �r ■ nI . !�4i ee - t,<C • • • • ✓ Citti of Ctgnrtino • • • 10300 Torre Avenue P.Q Box 580• ;. Cupertino,California 95014 Cupertino,California 95015 Telephone:(408)252-4505 OFFICE OF THE DIRECTOR PUBLIC% RKS EXHIBIT "B" January 9, 1984 • PAGE 1 Re: Rodrigues and Torre Avenue Project Cupertino Town• Center• - • Prometheus Development Co. • 10080 No. Wolfe Road Cupertino, California 95014 • Gentlemen: The City Council has requested that the staff provide you with a formula of assessment for construction cost and other requirements that have been or will be imposed on you as part of the condition of approval for your project. These are improvements that will benefit your development both adjacent and remote to your project site. The off site improvements are, but not limited to the following: . 1. Stevens Creek/Torre signal installation. • 2; Pacifica/De Anza signal installation. 3. Neighborhood protection plan. Unless the property owners are able to establish a formula, which they can all agree upon, to assess public improvement costs, the following method. of apportionment will be utilized by the City: • Torre Avenue You will be responsible for all costs of dedication and improvement of Torre Avenue that lies within the half street section along the frontage of your property. Off Site Improvements These improvements will be apportioned on the following percentages: • • Cali/Prometheus 63.9 7. - - - - "A" May Investment 26. 1 % "B" Lincoln Property 7.4 % "C" • Pinn Brothers' 2.6 % "D", per Exhibit "A" These percentages are based on the number of square footage allowed • • • under the general plan for different land uses and the volume of traf- • .fic generated by said uses. �•- ,:; Prometheus Development Jan, 9, 1984 Page 2 Summary The following is provided for your information: -Residential Office Hotel Total Trips Y, Cali Site 158 D.U. 639,000 240 Rm. 781.5 63.9 May Investment 366 D.U. 45,000 0 319.526.1 - Lincoln Property 0 D.U. 91,000 0 91.0 7.4 Pinn Brothers 42 D.U. - 0 0 31.5 2.6 1223.5 The traffic factors utilized are the same as in the trip manual of 0.75 per dwelling unit for residential, 1.0 per thousand square ,feet of office, and 0. 1 trip per hotel room. If you have any questions regarding this, please do not hesitate to contact me. Very truly yours, CIA0F OF CU•ERTI% 1 - dr Bert J. s ovich Director of Public Works BJV:sm 1 cc: City Council City Manager EXHIBIT "B" PAGE 2