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84-060 Tai, Paul K., Resolution #6823, Approving final map and improvement plans of Tract No.7838 (ATTACHMENT) t0.4• • : //b -o2O -/o-C City of Cupertino AGREEMENT NO._ BY THIS AGREEMENT made and entered into on the 4th day of September 19 R4 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Technical Analysis, Inc. (2) Paul K. Tai Address 20395 Pacifica Drive d{107 City r„pertitso Zip 95014 Phone 957-1070 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: See Exhibit "A" DELIVERY: See Exhibit "A" EXHIBITS:The following attached exhibits hereby are made part of this Agreement: See Exhibit "A" TERMS The services and/or materials furnished under this Agreement shall commence on September 4. 1984 and shall be completed before upon mutual agreement of both parties COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: See Exhibit "A" GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes'or variations of any kind are authorized without the written consent of the City. See Exhibit "A" CONTRACT CO-ORDINATOR and representative for CITY shall be: Name James H. Sisk Department Planning & Development Address 10300 Torre Avenue Cupertino,CA 95014 Telephone 252-4505 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTO %� CITY OF CUPERTIN � 241 By `da- By James H. risk Title Title Director o "Planning & Development APPROVALS Dep ead ,/ ` A fiat O Cit, j Dat y ` Exhibit "A" AGREEMENT FOR PLAN CHECKING SERVICES 'GREEMENT, effective as of the 4 day of Sap/T, , 19.x' by and between THE CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City") , and TECHNICAL ANALYSIS, INC. a California corporation (hereinafter referred to as "Contrator") . WITNESSETH: City desires professional and technical services for reveiw of plans and specifications to determine compliance thereof with the requirements of the current Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Mechanical Code, and Title 24 as adopted by City; and Contractor represents that it is qualified and licensed to perform such professional and technical services pursuant to the terms of this Agreement, NOW, THEREFORE, the parties agree as follows : 1. Contractor's Services. Contractor hereby agrees to render the following services: (a) At the request of City, Contractor shall check plans and specifications for compliance thereof with the requirements of the current Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Mechanical Code and Title 24 as adopted by City, and the energy conservation requirements of the State of California Energy Commission, as set forth in Title 24 of the California Administrative Code. (b) Contractor shall furnish to City, within the plan check schedule as stated in paragraph three below, after plans and specifications are delivered to Contractor for review, a written report wherein Contractor shall either certify such plans and specifications as being in full compliance with the applicable Codes or identify each failure to comply with such Codes. Contractor shall meet with the architect or engineer if necessary for the performance of the Contractor ' s service hereunder. (c) Upon revision of any plans and specification to correct deficiences of Code violations noted in Contractor ' s written report, Contract shall backcheck the revised plans and specifications and furnish to City a supplemental written report on the adequacy of the revision. All plans and specifications to be reviewed hereunder shall be picked up by Contractor from City' s offices and returned thereto, at Contractor ' s own expense. 2. Compensation. Contractor shall be compensated for its services as follows: (a) As total compensation for the regular plan check services to be rendered by Contractor pursuant to paragraph 1 of this Agreement, Contractor shall be paid a minimum fee, or a percentage of the plan check fee collected by City from the applicant, based upon the following schedule: Percentage of Plans and Specifications to Plan Check Fee Be checked by Contractor 85% Structural, electrical, mechanical plumbing, handicap and code related item for residential and non-residential buildings. A Minimum Plans and Specifications to Fee Be checked by Contractor $ 55.00 Energy calcs. for addition or alteration of residential bldg. $ 85.00 Energy calcs. for new residential bldg. of valuation less than $100,000. $100 . 00 Energy calcs. for new residential bldg. of valuation of $100 ,000 or more. $200.00 Energy calcs. for non-residential bldg. of valuation of less than $100 ,000. $350. 00 Energy calcs. for non-residential bldg. of valuation of $100,001 to $200,000 $450.00 Energy cals. for non-residential bldg. of valuation of $200 ,001 to $500,000 or more. $ 55. 00 Structural for bldg. of valuation less than $25,000. (b) In the event Contractor is requested by City to review changes on plans or specification previously checked and backchecked by Contractor, or to perform any other additional services beyond those described in Paragraph 1 of this Agreement, Contractor shall be entitled to additional compensation for such services based upon Contractor' s standard hourly rates. The present Contractor plan check hourly rate is $55. 00 per hour. -2- (c) Contractor ' s compensation for regular or additional plan check services shall be deemed earned upon submission of itemized statements from Contractor in such detail and form as shall be required by City' s Building Division, showing the amounts then due and payable to Contractor. Compensation shall be paid by City within City' s standard time for payment. (d) Except for the compensation provided herein, City shall have no liability for payment of any costs or expenses incurred by Contractor in connection with the performance of its services under this Agreement. 3 . Plan Check Dead Lines. The plan check time for the Contractor shall be as follows: Plan Check Time Schedule Category Time for Plan Time for Back (Complexity) Permit Type Check (Weeks) Check (Days) 1. Patios & Covers .5 1 (Misc. Re-roof Small Retaining walls Permits) Minor R3 Add. (No structural) Pools 2. R3 Non-Hillside 2 2 Dwelling Unit R1 Addition (With Structural Calcs) Non-residential Interiors Minor Electrical Mechanical Structural and Plumbing 3 . Hillside Residential 2 to 4 2 to 4 less than 4 dwl. units Small Non-Hillside Residential Projects less than 20 dwl. units Small Office/ Commercial less than 10 ,000 sq. ft. -3- 4 . Residential more than 4 4 20 dwelling units Hillside Residential more than 4 dwl. units Non-Residential more than 10,000 sq. ft. 4 . Term. The term of this Agreement shall commence on the effective date hereof and shall continue until terminated by thirty (30) days prior written notice from either party to the other. 5 . Assignment and Subcontracts. Contractor acknowledges that its special skill and expertise is a material consider- ation for City entering into this Agreement. Contractor shall not assign, subcontract or delegate to any other party the performance of any services to be rendered by Contractor under this Agreement. 6 . Independent Contractor. Contractor is, and at all times shall remain, an independent contractor, and not an agent, officer or employee of City. As such independent contractor, neither contractor nor any of its officers, directors, agents or employees shall be entitled to any salary, fringe benefits, worker ' s compensation, retire- ment contributions, sick leave, insurance or other benefit or right connected with employment by the City of Cupertino or any compensation other than as provided in paragraph 2 of this Agreement. 7 . Insurance. Contractor shall, at all times during the term of this agreement, maintain in full force and effect a policy or policies of general liability insurance covering bodily injury and property damage, in form and amount and issued by an insurance carrier satisfactory to City. Each such policy shall name City, and its officials agents and employees as insured parties thereunder, and shall be considered primary insurance with respect to any other insurance maintained by City. Each such policy shall further provide for thirty (30) days prior written notice to city of any cancellation, reduction of coverage, or other material change in the terms and provisions thereof. A complete copy of each such policy, together with all endorsements thereto, shall be furnished to City. 8. Conflict of Interest. Contractor shall avoid any conflict or appearance of any conflict of interest. Contractor shall not provide any plan check service for any engineering or design work done by Contractor (or employees of Contractor) for any building structures with- in the City of Cupertino. -4- 9. Responsibility for Building Plan Checks. The sub- stance and scope of each architectural, structural design, calculations and reports submitted in an application shall remain the sole responsibility of the applicant and his or her consultants. Any comments or findings by the Contractor are for the purpose of pointing out possible areas of concern to the applicant, and any approval of any submittals plans, calculations and reports by the City and the City or Contractor shall not be construed to imply that the City or Contractor warrants the accuracy of the report or drawings or any of its contents, findings, or recommendations. 10 . Statement and Signature. Contractor shall provide the following statement with signature on the cover page of all documents checked by Contractor in the form of a stamp as follows: Plan Check Approval This plan has been reviewed for conformance with current Uniform Building Codes, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, and Title 24 and City Ordinances. This approval does not certify plans and design adequacy, nor is any representation made that structural failure or other structural related damage will not occur. Any permit issued persuant hereto shall not constitute a recommendation or endorsement but is permissive only. Date: Signature Technical Analysis, Inc. 11. Notices. Any notices required or permitted to be given hereunder shall be in writing and either personally delivered or sent by first class mail, postage prepaid, addressed to the other party as follows: To City: Building Division City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 To Contractor : President Technical Analysis, Inc. 20395 Pacifica Dr, #107 Cupertino, CA 95014 -5- Any notice sent by mail shall be deemed received on the second business day after deposit in the United States Mail, addressed in accordance with the foregoing. 12. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or verbal. No amendment or modification to this Agreement shall be valid unless in writing and signed by both parties. 13. Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the performance of this agreement. City shall not be liable for acts of Contractor in performing services described herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF CUPERTINO TECHNICAL ANALYSIS, INC. B — 5-77-M42. 244 By: gilding Official Paul K. Tai, P.E. President -6- RESOLUTION NO. 6752 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LO- CATED ON RODRIGUES AVENUE DEVELOPER PAUL TAI AUTHORIZING EXECUTION OF IIMPROVEMENT 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 Rodrigues Avenue; and by Paul Tai; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, aid 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; NUR, Rim, 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 AIOPTED at a regular meeting of the City Council of the City of Cupertino on the 21 day of January , 1986 by the following vote: Vote Councilor tubers • AYES: Gatto, Johnson, Plungy, Sparks, Rogers • NOES: None THIS IS TO_CERTIFY THAT THE WITHIN ABSENT: : None INSTRUMENT IS ATRUE AND CORRECT COPY OF THE ORIOI'L ON FILE IN THIS OFFICE. ABSTAIN: None 62- ATTEST/�- ; T9— ATTEST: APPROVE: CITY C��T ❑ THE CITY Or •- RTINO / By f 1 CITYrL RK /s/Dorothy Cornelius /s/Barbara A. Rogers CITY CLERK MAYOR, CITY OF CUPERT*INO Resolution No. 6752 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Residential Paul Tai LOCATION: Rodrigues Avenue A. Faithful. Performance Boni: • $ 5,000.00 FIVE THOUSAND AND NO/100 DOLLARS B. Labor and Material Bond: $ 5,000.00 • FIVE THOUSAND AND NO/100 DOLLARS C. Checking and Inspection Fee: • $ 250.00 TWO HUNDRED FIFTY AND NO/1o0 DOLLARS D. Indirect City Eenses: $ 38.00 THIRTY EIGHT AND NO/100 DOLLARS • E. Map Filing Fee $ 210.00 TWO HUNDRED TEN AND NO/100 DOLLARS F. Development Maintenance Deposit: $ 250.00 TWO HUNDRED FIFTY AND 140/100 DOLLARS G. Storm Drainage Feer $ 269.00 TWO HUNDRED SIXTY NINE AND NO/100 DOLLARS H. One Year Power Cost: $ 36.00 • THIRTY SIX AND NO/100 DOLLARS I. Street Trees: BY DEVELOPER J. Park Fee: ZONE $10,853.00 TEN THOUSAND EIGHT HUNDRED FIFTY THREE AND NO/100 DOLLARS K. Water Main Extension Deposit: N/A PROJECT AGREEMENT RODRIGUES AVENUE • This AGREEMENT, made and entered into this 13 11' day of uir a/ , 19 % , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and PAUL TAI , 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 "PROJECT" Cupertino California, hereinafter designated as the "Project," 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 prepared for the 'Project by AMERICAN DESIGN AND ENGINEERING , 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. " Page 1 • WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS PART A. Faithful Performance Bond: $ 5,000.00 FIVE THOUSAND AND NO/100 DOLLARS PART B. Labor and Material Bond: $ 5,000.00 FIVE THOUSAND AND NO/100 DOLLARS • PART C. Checking and Inspection Fee: $ 250.00 TWO HUNDRED FIFTY AND NO/100 DOLLARS PART D. Indirect City Expenses: $ 38.00 THIRTY EIGHT AND NO/100 DOLLARS PART E. Map Filing Fee $ 210.00 TWO HUNDRED TEN AND NO/100 DOLLARS PART F. Development Maintenance Deposit: $ 250.00 TWO HUNDRED FIFTY AND NO/100 DOLLARS PART G. Storm Drainage Fee: $ 269.00 TWO HUNDRED SIXTY NINE AND NO/100 DOLLARS PART H . One Year Power Cost: $ 36.00 THIRTY SIX AND NO/100 DOLLARS PART I . Street Trees: BY DEVELOPER PART J . Park Fee: ZONE $10,853.00 TEN THOUSAND EIGHT HUNDRED FIFTY THREE AND NO/100 DOLLARS PART K. Water Main Extension Deposit: N/A 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 laying 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 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 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 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. 6. 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) . 7. 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 requiredrepairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9. 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) . 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 H) , which amount represents the power cost for street lights for one year. Page 5 • 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. 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 3 herein. 12.a. PARK FEE ADJUSTMENT PROVISIONS The value of the land used in establishing the "Park Fee" outlined herein on Page- 2, Part J, requires formal confirmation. The City will 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. Adjustments shall be made prior to acceptance of the subdivision improvements. 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. PAGE 6 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 - 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. 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 Telephone and Telegraph Company that said fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY ' It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. Its 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 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. - PAGE 7 21. INSURANCE • It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take • • out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance• must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members_ of the City Council individually and collectively, and the • officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least 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. 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 PART K, Page 3, shall be the full amount due. PAGE 8 (Individual) STATE OF CALIFORNIA COUNTY OF SANTA CLARA f SS. On January 13 r 1986 before me, the under- ,/ signed, a Notary Public in and for said State, personally appeared PAUL K. TAI w a w x w J 1 r N , personally known to me (or proved to me on the basis of satisfactory _ _ _ _ _ ' '' evidence) to be the person(s) whose name 1Ssubscribed to ( - OFFICIAL SEAL LILY KRUGER the within instrument and acknowledged that he - ( ' i �- executed the same. t S. "yfa,+Aa NOTARY PUBLIC-CALIFORNIA e WITNESS my ha. d official seal. f �./ SANTA CLARA COUNTY ( ,Let.. My Comm.Expires May 31,1988 t Signature,/ _ / -, _ ire STC 67 Name(Typed or Pri d) (This area for official notarial seal) 23 . 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 isalso agreed that the sepia, prints and microfilm for improvement plans will be- furnishedwithin one month following the signing of the plans by the CITY. 24. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. 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: Li /F G� el: ,,4 -r. Aet ity A arrney ' i er :' 402..3—AS j • DEVELOPER: Notary Acknowledgment Required. By: • Page 9 'Fi Rei" ,. _.v •. • ...,' v .�� .y } • rl Of ® ' CERTIFICATE` OFIN$URANCE` cy • .j` _ ISSUE DD"Y) p , . f, p3-20 5vif( ° PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EVERETT W. STA �� A1JY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2190 Stokes Street, Suite #103 San Jose, CA 95128 COMPANIES AFFORDING COVERAGE COMPANY A (408) 294-4106 LETTER HcFne Insurance Caenpany - COMPANY B INSURED LETTER Western Employers Insurance Co. Technical Anaylsis, Inc. COMPANYR `. 20395;Pacifica Drive., Ste.. 107 Pine Top Insurance (H&14) Cupertino, CA 95014 COMPANY D i LETTER COMPANY c LETTER COVERAGES_ . • THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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 CONDI- TIONS OF SUCH POLICIES. - CO •TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E%PIRAGON LIABILITY LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MMND/YY) 4ap,.: OCC RRENCE AGGREGATE GENERAL LIABILITY BODILY $$ A X COMPREHENSIVE FORM IMP 31' 92 72 2/ 9/85 2/ 9/86 $ X PREMISES/OPERATIONS PROPERTY $ -' UNDERGROUND _ EXPLOSION&COLLAPSE HAZARD ' PRODUCTS/COMPLETED OPERATIONS iltCONTRACTUAL , MINED $ 300 $ 300 INDEPENDENT CONTRACTORS E X BROAD FORM PROPERTY DAMAGE 1p J X PERSONAL INJURY PERSONAL INJURY . AUTOMOBILE LIABILITY BCDLY $ BLURT ANY AUTO (PER PERSON) x..x% , ALL OWNED AUTOS(PRIV.PASS.) '� OTHERTHAN FEB ACCIDENT) $ A=.il ALL OWNED AUTOS(PRIV.PASS. _ l• ilywNicv-,.•4il HIRED AUTOSWAREN PROPERTY ' _ NON OWNED AUTOS DAMAGE $ . GARAGE LIABILITY BI a PDYh' • �F. - COMBINED $ t,0 EXCESS LIABILITY ««33 HUMBRELLA FORM BI 8 PD COMBINED $ $ OTHER THAN UMBRELLA FORM STATUTORY tg. .# 'A, ' . WORKERS' COMPENSATION $ ,y�+A'p (EACH ACCIDENT) B EMPLOYERS LIABILITY WC15-0684-15104 6/28/84 6/28/85 -r (DISEASE-POLICY LIMIT) *; ,_$ (DISEASE EACH EMPLOYEE) OTHER C Architects & PLU 801127 6/27/84 6/27/85 $1,000,000 Per Claim Engineers E&O $ 5.000 Deductible DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS All Operations of the Named Insured - State of California CERTIFICATE HOLDER CANCELLATION SHOULD YANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRA , TE ISSUING COMPANY WILLCity of Cupertino MAILTIgATE J DDAYS WRITT NFNOTICE TO THE CERTIFICATE HOLDER NAMED TOENDEAV R CityTHE 10300 Torre Avenue LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Cupertino, CA 95014 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR RREPPPREE('SENTATIVES. AUTHORIZED VI /IBATIVE �FT}I REPI}(0) J& COMPANY Y r SET TAB STOPS AT ARROWS OfCERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) - 1-11-85 PRODUCER 2. THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS IC NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 'EVERETT W. STARK AND COMPANY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2190 Stokes Street, Suite 103 cSan Jose, CA 95128 COMPANIES AFFORDING COVERAGE COMPANY A . (408) 294-4106 LETTER Home Insurance Com.an. COMPANY INSURED LETTER B Western Em.lo ers Insurance Co Technical Analysis, Inc. COMPANY 20395 Pacifica Drive, Ste. 107 LETTER C Pine To. Insurance Co. H&W Cupertino, CA 95014 COMPANY LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT 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 CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE - POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I�--..LIABILITY.�.J� OCCURRENCE LIMITS IN THOUSANDS LTR BATE(EEIEGP D DATE(WEENY) {`I .... 1 EACH AGGREGATE ... GENERAL LIABILITY BODILY I°M IDR P 3T 92 72. 2/ 9/84 2/ 9/85 INJURY $ $ REMISES/OPERATIONS PROPERTY XPLOSIONUB COLLAPSE HAZARDBAMAGE $ $ RODUCTS/COMPLETEDBI8PDONTRACTUAL COMBINED $ $ "DEPENDENT CONTRACTORS 300 300 ROAD FORM PROPERTY DAMAGEERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITYI _. BODILY A ANY AUTO PER POISON $ "�' `. •, • ALL OWNED AUTOS(PRIV.PASS.) BODBY PIJRY ■ ALL OWNED AUTOS(p NERPA�SS.) (PEE ASO $ IIIHIRED AUTOS PROPERTY • NON-OWNED AUTOS $ DAMAGE my El GARAGE LIABILITY BI&PD El COMBINED $ a ' �p ' ILIABEXCESS UMBRELLA FORM ILITY■. OTHERD THAN UMBRELLA PoRtA WORKERS'COMPENSATION STATUTORYI — .'�', (EACH ACCIDENT) AND WC 15-0684-15104 6/28/84 6/28/85 - (DISEASE-POUCYUMIT) EMPLOYERS'LIABILITY L.--$. (DISEASE-EACH EMPLOYEE) OTHER .II Architects & PLU 801127 6/27/84 6/27/85 $1,000,000 Per Cis -. En inee_s E._� $ 5,000 Deducti.i DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESJSPECIAL ITEMS All Operations of the Named Insured - State of California - CERTIFICATE HOLDER CANCELLATION of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City p PIRAiIRN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 10300 Torre Avenue - MAIL-1-u DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Cupertino, CA 95 014 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTH.- D REPRESENTATIVE , -t 'W. Stark & Co. ACORD 25 2/84) "••+ ° . © IIR/ACORD CORPORATION 1984 RECEIVED • MAR 2 0 1986 TRACT AGREEMENT • TRACT 7838 - STELLING ROAD TECHNICAL ANALYSIS, INC. This AGREEMENT, made and entered into this 21st day of April , 19 86 , by and b€tween the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and PAUL K. TAI , 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 7838 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 prepared for the Tract by AMERICAN DESIGN & ENGINEERING SERVICES, INC. , a true copy of which improvement plans and specifications are on file in the Office on 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 • WHEREAS, pursuant to the provisions of this :AGREEMENT, the CITY hereby established the amount of bond, fees and'deposit as set forth in the following schedule. SCHEDULE OF BONDS, FEES AND DEPOSITS Part A. Faithful Performance Bond: • $116,500.00 One hundred sixteen thousand five hundred and N0/100 • Part B. Labor and Material Bond: $116,500.00 One hundred sixteen thousand five hundred and N0/100 Part C. Checking and Inspection Fee: • $ 6,990.00 Six thousand nine hundred ninty and N0/100 Part D. Indirect City Expenses: • $ 1,048.00 One thousand forty-eight and NO/100 • Part E. Map Filing Fee: $ 122.00 One hundred twenty-two and NO/100 Part F. Development Maintenance Deposit: $ 415.00 For hundred fifteen and NO/100 Part G. Storm Drainage Fee: $ 2,851.00 Two thousand eight hundred fifty-one and NO/100 Part H. One Year Power Cost: $ 72.00 Seventy-two and NO/100 Part I. Street Trees: N/A Part J. Park Fees: ZONE $•37,082.00 Thirty-seven thousand eighty-two and N0/100 Part K. Water Main Extension Deposit: N/A PAGE 2 • • • .. /mx • 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 o£ ,timethe CITY, at its sole option, shall be authorized to •ccmplete 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 shalt be done in accordance with the existing ordinances and resolutions of the City of y' Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The W*k 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. j. . 2. EXCAVATION PERMIT It is further agreed that the DEVELOPER;, shall comply with Section Three of Ordinance No. 130 of the CITYby 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 } • • • • • ' /M ' • 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 laying 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 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 • makeany 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 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, theamount as set forth herein at Page `2 (Part C) . Should construction cost vary materially from theFestimate from which said sum is calculated, the City Engineer shall notify DEVELOPSR of any additional sum due and owing as a result?sthereof. 6. 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 asset forth herein at Page 2 (Part D) . ti 7. 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 112/04/61) of CITY, the amount as set forth herein at Page 2 (Part I) . 8. DEVELOPMENT MAINTENANCE DEPOSIT It isfurther agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the .construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should • the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned_ after the release of the improvement bonds. • 9. 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) . 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 H) , which amount represents the power cost for street lights for one year. Page 5 • • 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. 12. PARR 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 3 herein. 12.a. PARK FEE ADJUSTMENT PROVISIONS The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires formal confirmation. The City will 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. Adjustments shall be made prior to acceptance of the subdivision improvements. • 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 shells 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 Projectand 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. • PAGE 6 • . 16. CENTRAL FIRE :STRICT ' • 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 - 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. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH It isfurther 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 Telephone and Telegraph Company that said fees are due and payable. 19 . EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement. ' and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is ; provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance far 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 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. • PAGE 7 21•. INSURANCE ( ) It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance . must be ' on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least 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. 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 PART K, Page 3, shall be the full amount due. PAGE 8 o State of California On this the 10th daApril 19 86, before me, 1 y ofO } SS. v county of Santa Clara Clara Wehrfritz a othe undersigned Notary Public,personally appeared 0 >,,, Paul K. Tai 1 n 1 45dbgy yg4p,0, 3P°�% ` 0 personally known to me Vii,,, OFFICIAL SEAL " 0 proved to me on the basis of satisfactory evidence f1 CLARA \'✓:likrRf7Z `pis subscribed to the ;`.,,,.. IJ Ar« Pua,l to be the person(s)whose name(s) S c C 1� w.. PRINCIPAL OFFICE N within Instrument,and acknowledged that he executed it. m tG >% SANTA CLA A COUNTY WITNESS my hand and official seal. n n ..r°.. My Comm.Er. Mach 3, 1989 r tiC °� r4r°5> t�d3�4r�y s� 'S �c[�-C�fi.4�i4- i. Notary's Signature ti S llJSr1 GFNFRAI ACKNGWI Fr)GMENT FORM 711005' 23. MAPS AND/OR ` '?ROVEMENT PLANS . 1 • 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) printsof 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. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. 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: i-4—J(c . ayor• t p A orney C.t ' y C er ,: r • DEVELO_ 1/7 Notary Acknowledgment Required. U :now- By: OWNA9f..., Page 9 STATE OF CALIFORNIA On this /1/45— day of. alavai in the year .7 V(t..-(4-2 as. before me, ' COUNTY OF,..962:-.11...74-4.-cal.49..!:. factIFa.A. 5.13ARXXICK s.csiotary Public,Stale of California, duly conuniesioneund sworn,pelsonallyappeared t,:l41 a A tu L. .In , --I-1-1-r personally known to me (or proved to me on the basis of satisfactory,evidence) to be the person5..whose name•S ar-arg-,----' elk AAA er.ase. Ae• - subscribed to this instrument,and acknowledged that. If.he y-.....executed it. OFFICIAL SEAL IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal a.„.1 MICHELE A. SHERLOCK in the County of ,ay 44 il NOTARY PUBUC'CAUFORNIA i - -4-&-ii- N..„.„..at SANTA CLARA COUNTY on the date set forth above My Comm.Expires Feb.23,1990 - - - in this certificate. u.....I/- (2 1/42 ,Lfitede_ ' Ma donne*es on0•gem&bin Nita may be raper i01 we In&f4,bansacaons mnd in no • may acts.et b not lo id.an. an for tto advice on en Slam.me printer does not Notary Public,State of California mils any mina ay.GM*,egress a aped as to the legal validly ol any provlson a IS sulatelY Ohne kens II rary aft trarteaztort My commission expires TO --sgS--YO • Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 1/83) . . • STATE OF California ) )ss: County of Santa Clara ) On this 15 day of April 19 86 , before me C.M. Griswold , allotaryPublic, personally appeared Elaine Stevens personally known to me(or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Transamerica Premier Insurance Company and acknowledged to me that he subscribed the name of the Transamerica Premier Insurance Company thereto and his own name as Attorney-in-Fact. O■IOIIftIW■tIDaIWIffR7Wft11fnfIf1111nf1011tn1N / ' 'I st CM. GRISWOLD I If ( NOTARY PUBLIC-CALIFORNIAe r ' �`,1 PRINCIPAL OFFICE IN = Notary Public in and for t+ e County of e SANTA CLARA COUNTY BBy.. dMFyCommission Expires Sept.27. 1989 Santa Clara ,State of (`al ifornia ■I7NR6tf■7f tuIfn[■6lfnff1ennuNWnnunist17fii 30272 3-85 • Bond Executed in 4 Counterparts ANNUAL PREMIUM $2,330.00 Bond #TPI 492920 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE, Paul. K. Tai & Diane M. Tai as Principal and Transamerica Premier Insurance Co. as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of ONE HUNDRED SIXTEEN THOUSAND FIVE HUNDRED AND N0/100 Dollars ($ 116.500.On ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, said Principal will perform all necessary improvements relative to TRACT NO. 7838 located STELLING ROAD in accordance with the approved improvement plans prepared by AMERICAN_DESIGN & ENGINEERING SERVICES, INC. Civil Engineer on file in the Engineer's Office, City of Cupertino, and incorporated herein by reference. WHEREAS, improvements shall be completed within one (1) year from the date of acceptance of this bond by the City Council. WHEREAS, improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City. This bond shall be in full force and effect through the period of maintenance as provided in said contract. The maintenance period shall continue until such time that all deficiencies of construction are corrected to the satisfaction of the City Engineer's Office. WHEREAS, Principal and Surety shall be responsible for any and all damages arising under the original contract. NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations as set forth above, on its 'part to be done and performed at the time and in the manner specified therein, then- this obligation shall be null and void; otherwise this bond shall remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 15 day of April , 1986 (To be signed by `- t 0 , Principal and Surety. Principal Notary Acknowledgments required.) Transamerica Premier Insurance Co. Surety Air .7--)se By:i A orney in-F. Elaine Stevens The above bond is accepted and approved this day of 19 • 6/17/85 • Bond Executed in 4 Counterparts LABOR AND MATERIAL BOND (Subdivision Improvements) Bond #TPI 492520 KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Pant g Tai .c liana M Tai hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and Transamerica Premier Insurance CO. as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of ONE HUNDRED SIXTEEN THOUSAND FIVE HUNDRED AND NO/100 • ($ 116,500.00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. STATE OF CALIFORNIA On this /1/45.— day of..Ct L in the year /> 4r(42 /�/J ss. before me, COUNTY OF. 1�:>i a..� t1IclIM$.A..SHERLO.CK aArotary Public,State of California, duly ce ssioned rs d sworn,peonall a geared /9 u 4.-....�..r./'t r % personally known to me (or proved to me on the basis of satisfactory,evidence) to be �- 1 OFFICIAL SEAL the peison.">..whose name5........... rr� ` < .° subscribed to this instrument,and acknowledged that. .�.he executed it. 1 , � MICHELE A. SHERLOCK NOTARY PUBLIC-CALIFORNIA IN WITNESSWHEREOF I have hereunto set my hand and affixed my official seal Y F1r ' SANTA CLARA COUNTYto the ez� ) County of y o++ My Comm.Expires Feb.23,1990 �� on the date set forth above in this certifica -.LciitAxetev ....• / �i ' lit hoeb ms a •genual tom ettn may be mope fig•••bebele b SaCtOe ad hi m (� say C.or Is slated b act a e abamRa for me tme m an ahnery.The printer Lees not Notary Public,State of California nuke dry erwrty•ems flints or hryeed a b Be legal vasty of any PoWbn at Be /� sa lay of en mIn b anyenedtransact on baaa My commission expires ' / --eV —7O Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev.1/83) SYi41C'We Calitornia )ss: . County of Santa C]ara ) On this 15 day of April 1936 , before me C.M. Griswold , allotaryPublic, personally appeared Elaine Stevenspersonally known to me(or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Transamerica Premier Insurance Company and acknowledged to me that he subscribed the name of the Transamerica Premier Insurance Company thereto and his own name as Attorney-in-Fact. rnumniuniu minium // �nuumnmuumu++ / 3 . • C. M. GRISWOLD �� 1 , 'NOTARY PUBLIC-CALIFORNIA: ' te$ . � °PHMCtPAL OFFICE IN ary Public in and for the County of r x*" SANTA CLARA COUNTY q My'Commission Expires Sept.27. 180911 Santa Clara , State of California \wuIuImmmnIunumnnnnuennaunau 30272 3-85 , • Labor and Material Bond Page 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this tastrument has been duly executed by the Principal and Surety this day of fjZRtl . , 19 76 . (To be signed by Principal Principal and Surety. Notary acknowledgments required.) Transamerica Premier Insurance Co. , Surety • BY: _ -eX2 Corney-in- : t h aine S -v- s The above bond is accepted and approved this __ day of , 19 • • • 6/17/85 9 Transamerica Transamerica Premier Insurance Company IIIIII. Administrative Of lice Irvine.California II III Insurance Services • General Power of Attorney Know All Men by These Presents,That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and appoint ELAINE STEVENS __I of ___Irv"Ile _ _._ __.._______— _______.—._— ______ and State of ,California - ___- its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver ANY AND ALL BONDS - MAXIMUM PENALTY $2,000,000.00 —_ • and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved,that the President,any Vice-President,any Secretary or any Assistant Secretary shall he and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1.Attorney-in-Fact.Attorney-in-Fact may he given full power and authority for and in the name of and on behalf of the Company,to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its _- Pres i dent ,and its corporate seal to be hereto affixed this__ 6th day of -- January__ A.D., 19_86 .,‘, MIF.R_Iryst, 0 �9h� TRANSAMERICA PREMIER INSUR CE 3 Byofr z INCORPORATED r-a _ _ cc JULY 1 1941 < State of California 1 Il ss. 1-: * County of Orange CAL F010\\\ On this —._ 6th.—____day of—________--January ,in the year 1986--_,before me Joan M. Wynn - , a notary public, personally appeared Jack M. Trapp _ _ , personally known to me to be the person who executed the within instrument as President on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Frtt-k l• u\\ .IC Arl Ld- 1ArYI�N 'If rte. i`I I<n; :} re•• !' CAI ifn7111A - -,../9et_Lk 5,_A_ (,_% o onrl;y Notary Public ?'Y CO6t INION 17:r!CE:N SEP. 18, 10117 I.the undersSgTie-IiSe-ereTaly df hefts iritericd PFefiiiir nsurance Company hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: . "Resolved,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation,may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company,this— _-_ 16th _day of . April , 19 — 86-----. THIS POWER OF ATTORNEY EFFECTIVE ONLY IF C ^ ce / TPI492920 ATTACHED TO BOND NO. _______ ____ Secretary :RETURN TO CITY • OF r NO FEE IN ACCORDANCE 8788353 1-1-‘dd 10300 TORREVE�~ I AVE., ` WITH 60V CODE 8103 • Il �° CUPERTINO, CA 95014 J 6 9 6 PAGE 1513 RECORDED REQUEST BY: AMERICAN TITLE' INSURANCE COMPANY WHEN RECORDED RETURN TO: PAUL R. TA /P.E. AMERICAN ES AND ENGINEERING • 12280 S ,ratoga- nyvale Rd. #101 Sarat ga, CA 9507 RUNNING WITH THE LAND COMPLIANCE WITH CONDITIONS: THIS DECLARATION is made as of the 21st day of April , 19 86 , by "DECLARANT" herein, identified as follows: WHEREAS, Declarant is the owner of certain real property located in the City of Cupertino, County of Santa Clara, more particularly described as follows : See Exhibit "A" Tract Map 7838 attached. WHEREAS, Declarant and/or persons acting on behalf of Declarant shall execute the condition of Planning Commission Resolution 2723 to provide a 29 STC noise reduction require- ment for new construction on all the eleven lots of Tract 7838 as on Exhibit "A" attached. WHEREAS, the City Council of the City of Cupertino, acting through its duly authorized commissions and staff , as a condition of approval of the above described requiement has required compliance by Declarant with certain covenants, conditions, and restrictions, further described as follows: Planning Commission Resolution No. 2723 : CONDITION #22 Sound Attentuation: As units are constructed, a qualified sound engineer shall be retained to 'examine the plans and ensure units comply to a 29 decibel reduction of exterior to interior noise levels. The applicant shall record a convenant to advise potential new owners of this obligation. 1. Agreement to Comply with Conditions : In satisfaction of teh above referenced condition, Declarant hereby notices all future property buyers of all eleven lots of Tract 7838 of the requirement to attain a 29 STC (Sound Transmission Class) noise reduction for all new construction. 878sasa J [ ] /62ƒ § } . � \ \&/$ » »/R ` 2 \ CO414 %\ m\2 `\/j CO mti 1 F a kk$ Co 4 ■ , o 7 129 19 pi1S| 3 .. nc.�r • J 6 9 6 PAGE' 5 1 4 — Page 2� 2. Rights Appurtenant : This declaration is intended to be•a covenant running with the land and shall bind and inure to the benefit of the heirs, personal represent-atives, successors and assigns of each present and future owner of the real property described herein. "DECLARANT" q1AAA q4A, - BY: Pau a Tai Diane M. Tai (Attach Affidavit of Notary)- STATE OF CALIFORNIA On this 1 day of 1/4----ler) in the year COUNTY OF Y before me MICHELE A. SHERLOCK , a Notary Public, Stae////ofCali£or ,i , duly commissioned and sworn, erson appear d r7 leal— '14— personally known to me (or proved to me on the basis ofting •,sfictory evidence) to be the persona whose names subscribed to the within instrument, and acknowledged to me OFFICIAL SEAL 1 that -the executed the same. [ kNOTA MICHELE A. SHERLOCK WSS WHEREOFIhave hereunto set my hand and affixedRY PURLC-CALIFORNIA !\ ri -;t: SANTA CLARA COUNTY y my o tial seal in the County of Ste* -�� Ise;aw Gly Comm.Expires Feb.23,1990 y �1vC^ . ( /(-,GL on the date set forth above in this c•rtifica.: ma hmnai b only peed fom1ta may teemver lw use m&rya transactions and in no - - a- / If. _de 4 • — / way ams,orb Isar dod to aa,as a substitute tar to adv®anan attorney.lbs ptbwer does not make any xaaann,star ea os or imryba as to tre b,ai.wimp a any pwiwon or�o Notary Public, State of California avitaxly w dere bons inany swift eanseaim n My commission expires c9" aC 7 Cowdery's Form No.32—Acknowledgement to Notary Public-Individuals(cc.sec. 1189.) Q14 • .l J 696PACE1 J 696iPA6E5ei b - . _ - . 1 IRON PIPE W /CALlF02N1A CI ■ A V T 7 :...e 3 0 S116HWAY TACE e-_ .�� CONSISTING OF TWO S -if O --" ,t--,0 BEING A PORTION OF THE NORTHWEST 1/ 4 0 Pr SOUTHWEST 1/4 OF SECTION 24, TUWNSHIP - ��00 RANGE 2 WEST, MOUNT DABLO BASE AND MI LYING ENTIRELY W , -THIN I CITY OF CUPERTINO 4..., --.1- I SANTA CLARA COUNTY CAL ..,{ 01 °r oN LEON IC IC'I SCALE: V = 40' MAY yo Lq eco. W w `^ 'n r .o 6T O O O N -- o m ' Z w Z' 9 3S -TZ �S1v O� IS - - / -, O .j in O S O Irl N20, 14 ' o N.O-Ol'30 w. O COURT • 2 14. ']' Z h - N. O'O1' 50-w. 196.-/S' _ co- _ O coo - 0 1 2 0.-- 9 O 1 .1% _ , 0 IZ Ni � I . ? � ^9 ti Z S WIQECLEARANCE EAS Et+ENT1../ h � J/ Z ^lI J N.41 Oft NO `" 3'. s "-•- r ^-I 1 I no 1-C c7AOND`l H �v '1.. m c N cn - 4- �.� J Z IDO ci- N O - - I 3 rn N.0'01'5o W _ -6 - - 48.00 fcl, 0 N W .0 m 0 - - In OO 'Q. V a0 •N -N --J 3 -00 7 Z N 3 z - 2 N r GO I Z ± 58.00' ' g I 66.00. 6,S / 277.90' D I IC --4-1 ROAD L _ - -- X196:75 _ ..._ -_ __ - �{\ (94.84' ) i N - --FOUND MONUMENT BOX LLI W/ NO MOUMD ENT IN S1t� Z Q J Z 0 J 696 P AG E 1519 o AMERICAN SER6CE '2200 SffhTOOf-SUNNYVALE 90 STE 101 SAAnTOCA,CA 95 J 696PAGE15I5 y° CURVE DATA CURVE LS R L 1 45017 ' 25^ 50 . 00 ' 39 .52 ' VOTES AND LEGEND 2 47° 27 ' 33" 50 . 00 ' 41 .42 ' ALL DISTANCES AND DIMENSIONS ARE GIVEN IN FEET 3 45° 17 '25" 25 .00 ' 19 .76 ' AND DECIMALS THEREOF. 4 4° 02 ' 06 " 75 . 00 ' 5 .28 • INDICATES CONTANIe 12 Zoe T ACRESORDER 5 43025 '27^ 75. 00 • 56 . 64 ' INDICATES 3/4" IRON PIPE SET • INDICATES IRON PIPE FOUND AS NOTED 6 47027 ' 33^ 75.00 ' 62.12 ' ®o - ---INDICATES STANDARD CITY MONUMENT FOUND 7 41° 43 ' 54" 25 . 00 ' 18. 21 • 8 46000 '36 ^ 42 . 00 ' 33 . 73 ' ------ED - --- INDICATES STANDARD CITY MONUMENT SET ( 94.84 ') INDICATES RECORD DATA. 9 63038 . 22' 42 .00 ' 46 .65 ' -.//77.- /Z77 DEDICATED ABUT TE2S RIGH-TB 10 64037 ' 23 ^ 42 .00 ' 47 .37 ' S_D.E. 1N OICATES STORM DRAIN EASEMENT 11 89011 ' 28^ 42 .00 ' 65 .38 ' PS E. INDICATES PUBLIC SERVICE EASEMENT 12 41043 ' 54 ^ 25 . 00 ' 16.21 ' BSI_ INDICATES 'BO' BUILDING SETBACK_ Ll N£ 13 47027 '33^ 25 . 00 ' 20 .71 ' 14 15011 ' 38^ 75 . 00 ' 19 . 89 ' C,C BASIS OF BEARINGS 15 30005 ' 47^ 75 .00 ' 39 . 40 ' THE BEARING NORTH 00 01 ' 30 " WEST OF THE CENTER- Vj LINE OF SOUTH STELLING RD. AS SHOWN ON THAT MAP 4J oOF TRACT NO. 3850 RECORDED IN BOOK 187 0F' MAPS `�� -- 2 i 16 45 17 ' 2.5^ 75 . 00 ' 59 .26 • ....„7 AT PAGE 44 , SANTA CLARA COUNTY RECORDS, WAS USED 1 17 79047 ' 04^ 25 . 00 ' 34 . 81 ' AS THE BASIS OF BEARINGS SHOWN ON THIS MAP. 2. / 18 51021 41" 25 .00 ' 22 . 41 ' -. , o/ 1 .cr Irk Ct 19 131008 .45^ 25 . 00 ' 57 . 22 ' C) • \O ;Lco3 2-7.48.. \ � v ® • z= if WEST HILL O' 6j 1,�(o IO 70. 31' 1' IRON P1 PE WITH �t 4� �� \ •�- .' rt CAL IFO2N IA I-11 GHWAY TAG -Co° 7- : AK_ O _ Z`. ,1m _sir"." ,7m o L= 193�'> 0 / ,v / ,3 sL.--3 (v, D��O /s / / 7 aN 6 � �� 5 o, r- r ' I� I O'S.S.E oc r� i z ---;� . n 8 SL ; C.S.SO' I 65.00 7,- 0 ___ • N. 2708' N. 5"49e1Z..E'�-.-99. G7' _ _ PYA.-Y � OF CALL PQ F? \JIA I - STREETS I � O. STELLING �� i --- I N.O`01'30-W 6 6 4 • SOILS REPORT 0 Z WA SOILS REPORT WAS PREPARED FOR THIS SUBDIVISION BY JOE CC UICC cC BIDABADI & ASSOCIATES, DATED DECEMBER. 4 . 1985 , THEIR FILE a -I -' NO. 7-85-P4 , AND IS ON FILE AT THE CITY OF CUPERTINO CD CC O ' J 696PAGE_l5 i8 FF rn n