84-065 BAM Properties (Allan Byer)- Warren Whaley Developer, Resolution #6432 and #6452. Recording Request by
CITY OF CUPERTINO
When Recorded, return to:
City of Cupertino
10300 Torre Avenue
P.O. Box 580
Cupertino, California 95014.
NO FEE (Gov. Code 86103
NOTICE OF MERGER
This notice is filed under the provision of Government Code Section
66424 .2. The real property in the City of Cupertino, County of Santa Clara,
described in the attached Exhibit A and owned by Mr. and Mrs. Allan G. Byer,
husband and wife, is, under the provisions of the Subdivision Map Act and
Ordinance of the City of Cupertino, merged for the purposes of the
Subdivision Map Act into a single parcel.
Dated June 28, 1984 9„.,c, C
s H. Sisk, .Plannin�or
City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA ) ss
I. ALLISON F. VILLARANTE, certify that on June 28, 1984, JAMES H. SISK,
known to me and known to me to be the Planning Director of the City of Cupertino
personnaly appeared before me and acknowledge that he executed this notice on
behalf of the City of Cupertino. `
DATED June 28, 1984
0#7
•
II OFFICIAL SEAL's49cets9or.%omoos•emsiptakketr.M9 K �.1 d /l��
0ALLISON F. VILLARANTE Alison Villarante, Deputy City Clerk
•` .'•i,'IL NOTARY PUBLIC-CALIFORNIA City of Cupertino
n SANTA CLARA COUNTY.
My Commission Expires Feb. Bi 1988
LEGAL DESCRIPTION 66 EXHfi:JT
A
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A GRANITE MONUMENT AT THE INTERSECTION OF DE ANZA BLVD. , (FORMERLY
SARATOGA - SUNNYVALE ROAD) AND BOLLINGER ROAD AS FOUND AND DELINEATED ON THAT
CERTAIN MAP OF TRACT NUMBER 2551 WHICH IS FILED IN BOOK 115 OF MAPS AT PAGE 28,
SANTA CLARA COUNTY RECORDS;
THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE CENTERLINE OF DE ANZA
BLVD. N. 00°03100" E., 310.00 FEET;
THENCE LEAVING SAID CENTERLINE S. 89°57'00" E. , 60.00 FEET TO A POINT
WHICH IS THE SOUTHWEST CORNER OF PARCEL "A" AS SHOWN ON THAT CERTAIN RECORD
OF SURVEY FILED IN BOOK 242 OF MAPS AT PAGE 16, SANTA CLARA COUNTY RECORDS,
SAID POINT BEING THE POINT OF BEGINNING;
•
THENCE FROM SAID POINT OF BEGITNING ALONG THE EASTERLY RIGHT OF WAY LINE
OF DE ANZA BLVD. ( 120' WIDE) N. 00 03'00" E., 533.95 FEET; ,
THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE S. 89°55'03" E. , 390.00
FEET TO A POINT WHICH IS THE NORTHWEST CORNER OF TRACT NUMBER 3806 AS SHOWN
AND DELINEATED ON THAT CERTAIN TRACT MAP FILED IN BOOK 187 AT PAGE 40, SANTA
CLARA COUNTY RECORDS;
THEICE ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3806 S. 00°03'00" W. ,
339.16 FEET TO A POINT WHICH IS THE SOUTHWEST CORNER OF SAID TRACT 3806;
THENCE LEAVING SAID WESTERLY BOUNDARY OF TRACT 3806 ALONG A RADIAL
BEARING OF S. 15 53' 03" E. , THROUGH A CURVE 0 THE LEFT WITH A RADIUS OF
177.50 FEET, SUBTENDING A CENTRAL ANGLE OF 17 05'13" FOR AN ARC LENGTH
OF 52.93 FEET;
THENCE S. 89°20'58" W., 52.01 FEET TO THE NORTHEAST CORNER OF PARCEL
"Cu AS SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "Cu S. 00°03'00" W.,
309.08 FEET;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "C" N. 89°57100"W. ,
90.00 FEET;
THENCE N. 00°03100" E., 105.00 FEET;
THENCE N. 89°57'00" W. , 200.00 FEET;
THENCE N. 00°03'00" E. , 32.00 FEET;
TO THE POINT OF BEGINNING.
CONTAINING.4.7998 ACRES MORE OR LESS.
\c..i ry or c upeR-rtIVo IREC,. r.'zM ; ! nit., C
(o aoo Tom .n
, 4oQdt. �
Cuptirer no, Ca.. In iLit _.._......... . . . .._ E�"1t'�.-,
9; ?r'y Ir
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.. 4.___..._. FlLED`FOR RECORDC
• R AT REQUEST OF CD
RESOLUTION NO. 6452o'f
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF QPE5 TI*.4G AM °84 7?-
AUTHORIZING
AUTHORIZING THE EXECUTION OF DEFERRED AGREEMENT WITH 4L�
ALLAN G. BYER AND MARIAN BYER FOR THE IMPROVEMEWAI RECORDS
y 144
FRONTAGE, EAST SIDE OF SOUTH DE ANZA BOULEVARDS'Bq GE& OA Un TY CJ
OF BOLLINGER ROAD Pr(I5TRAR RECORDER
WHEREAS, there has been presented to the City Council an
agreement for the improvement of the street frontage along the east
side of South De Anza Boulevard north of Bollinger Road; and
WHEREAS, said proposed agreement contains provisions for the
construction of streets, curbs, gutters, sidewalks, and for other
improvements within a period of five (5) years and six (6) months
from the date of execution of said agreement; and said agreement
having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that said agreement for the
improvement of street frontage along the east side of South De anza
Boulevard north of Bollinger Road is hereby approved; and the City
Engineer is hereby authorized to sign the final plans when presented
by the developer; and the Mayor and the City Clerk are hereby
authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
BE IT FURTHER RESOLVED that the City Clerk is authorized to file
this agreement with the Santa Clara County Recorder.
t
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Cupertino this 19th day of November, 1984 by.; the
following vote:
Vote Members of the City Council
•
AYES: Gatto, Plungy, Rogers, Sparks, Johnson ., • ` ,;:. ..., -
t'•NNN g c Slid^ ' ..
NOES: None THIS IS
DF THC q1�w I�cFERTtF�AaM1#m T
INSfUMIS� ❑ FA4INEWTHrFFE WEGIoTTF
{1 Q
ABSENT: None : r;ler l9
ABSTAIN: None ATT1EQr.
rtn. r ' m 1�1o'!E)G!'6y PF i Pp"TING
APPROVED: BY ii12/r O� ;a-►`�% %,�
' TY • EERK� \i.\
/s/ Phil N. Johnson,. ,k-1-fry!)0
• Mayor, City of Cupertino
ATTEST: •
"
fi
/s/ Allison Villarante
• Deputy City Clerk
NO FEE IN ACCORDANCE RETURN TO CITY
WITH 60V CODE 6103 OF CUPERTINO
10300 TORRE AVE.
CUPERTINO, CA 95014 Ca
AGREEMENT o
This AGREEMENT made and entered into this 19th day 0
C7
"of November , 19 84 , by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California, Ia
YP
hereinafter designated as CITY, and ALLAN G. BYER & MARIAN BYER
,hereinafter
designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY and is
securing a building permit from CITY to construct and maintain a
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
conditions of development approval; and
Page 1
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amounts of Bonds, Fees, and Deposits as set°
G'1
forth in the following schedule: - 0
1-0
SCHEDULE OF BONDS, FEES AND DEPOSITS i~
IA
Improvement Category - N/A N
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: N/A
PART J . Park Fee: N/A
PART K. Water Main Extension Deposit: N/A
PART L. Maps and/or Improvement Plans: Deferred
Page 2
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
DEDICATION
A. The DEVELOPER offers to dedicate the real property
- show on xhibit "A" , which is attached hereto and made a part
hereof by .eference . Said dedicated property shall be fr- - and E;
clear of al liens or encumbrances except those which he CITY
shall waive 1 . writing. The DEVELOPER agrees not to r- oke said 13
offer of dedicati.n, and to keep said offer open u• it the CITY c+;
accepts offer by r-,olution.
B. Upon execution of this AGREEMENT • e DEVELOPER agrees
to deliver a properly ex:cuted grant deed to t CITY of the real
property described in Exhibit "A" , an. such other executed
conveyances , or instrumen necessary convey clear title as
herein required. The DEVE 'PER shall .rovide, at the DEVELOPER' S
sole cost and expense, to the C y:
(1) A preliminary title ..ort issued by a title insurance
company relating to th= prc .erty offered for dedication;
said Preliminary Tit e Report hall be furnished by the
DEVELOPER.
(2) A standard olicy of title ins ance issued by a title
. insurance co -any and insuring the CITY in the sum of:
N/A, and w : ch shall show said property ree and clear of
all lie or encumbrances except those - s the CITY shall
expreso y waive in writing; said policy sh: 1 be furnished
at t • time of acceptance of dedication and ecordation of
de-. .
C. Upon the condition precedent that the DEVELO' R shall •
perfo each and every covenant and condition of this AGR• ENT,
the CITY agrees to accept said real property offere. for
d=: ication.
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
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 Ca
hereto . The decision of the City Engineer shall be final as to CD
- whether any material or workmanship meets the standards,
specifications, plans, sizes, lines and grades as set forth. 0
C . It is further agreed that the Work shall be done in %y
accordance with the most current Standard Specifications of the e
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 G+
designated by the City Engineer. Said bonds shall be executed by a O
_ surety company authorized to transact a surety business in theme'
State of California and must be approved by the City Attorney as to 0
form and by the City Engineer as to sufficiency . In the event that 1'
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 Ci
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
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 o
with Section 4 :1 of Ordinance No . 47 (Revised 12/04/61) of CITY, 0
the amount as set forth herein at Page 2 (Part I ) . 0
re
8 . DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall
pay to the CITY, ►P
prior to execution of this AGREEMENT, the amount set forth herein C�
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 the adopted Water Master Plan .
The DEVELOPER further stipulates that his share of costs under
provisions of the unimproved street ordinance for the "San Juan
Water Main" shall be one half of the CITY costs along his frontage
and that said costs are outlined at Part K on Page 2 herein .
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 feest.:.*
and/or dedicate such land to the CITY, prior to .execution, as is 8
required within "Park Dedication Ordinance" Number 602, 1972, and L
which is further stipulated under Part J , Page 2 herein. 0
ty
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
18 . PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH
It is further agreed that the DEVELOPER shall pay to Pacific O
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 to
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 N
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 •
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. 0
A. Each of said policies of insurance shall provide coverage CD
in the following minimum amounts: For bodily injury, $100 ,000 1-
each person; $300 ,000 each occurrence, property damage, $50 ,000 iy
on account of any one occurrence with an aggregate limit of not
less than $200 ,000 . crt
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 ten (10) 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
. 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 C:.+
' date of this AGREEMENT, the following improvements :
Sections numbered 2-20 excepting 9 are deferred. CO
All public streets and improvements as required or directed by Q
the Director of Public Works .
17,
Until such notification is made by CITY, or such time has 1t
elapsed, Sections numbered 2 through 21 excepting 9 et al, are CA
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 B,V 4
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.
CITY OF CUPERTINO44'
Yf. 2,4-S.,,,
Approved as to form: / . n�AnA ,
Mayo R/ AL!. a . 1 s
• ��r r a
//it
1ei
City Attorney �i. ,� /.. City Clerk `� Goo-oo � '< - ifi)7` ''.
< S,
m
:�-; �� _`
DEVELOPER „,
rt . .;
,,,,-',,,,,g; �' '� . _i
1 Bye •4//�.r�(/w —,e.(--/,-./ryIt
Notary acknowledgment required f\
Exhibits A and B Attached
Page 10
GENERAL ACKNOWLEDGMENT II�� ,r- NO.201
SernaeT..> Z®3� P,.:. 454, .rte
State of CAC I ha-Al/Q On this the l2_dday of OC To /3e/t-, 19 -before me,
} SS. O
7
County of Sed tarovcrs Co . 1111
the undersigned Notary Public,personally appeared O
OFFICIAL SEAL ( All
/ / /7, n �z a ���/�� /310-1z.--
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yi. ti Al /f v eV /Jy 6
r.' .,
CHING YUN OH
�fro) NOTARY PUBLIGCALIFORNIA
&'-1 o) City and County of SAN FRANCISCO �—personally known to me 6
'.n'*.fOr My Commission Expires May ID,1985 6
❑ proved to me on the basis of satisfactory evidence )
to be the person(s)whose name(s) subscribed to the
within instrument,and acknowledged that executed it.
WITNESS my hand and official seal.
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EXHIBIT "A"
All of that certain parcel "A" depicted on that certain map filed
for record at Book 242 page 16, Santa Clara County Records, 9/10/68.
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Dec 5 R OO 1111
OFFICIAL RECORDS
SANTA CLARA COUNTY ' �
GEORGE A. MANN 17 /`T
RFrisTRAR RECORDER-Mot 0 1
RESOLUTION NO. 6432
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING IMPROVEMENT PLANS OF PROPERTY LOCATED ON THE
EAST SIDE OF SO. DE ANZA BOULEVARD SOUTH OF
SILVERADO AVENUE; DEVELOPER, HAM PROPERTIES
(ALLAN G. BYER) , AUTHORIZING EXECUTION OF IMPROVEMENT
AGREEMENT; AUTHORIZING SIGNING OF IMPROVEMENT PLANS
WHEREAS, there has been presented to the City Council for
approval of the improvement plans of property located on the east
side of South De Anza Boulevard south of Silverado Avenue by BAM
Properties (Allan G. Byer) ; 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 agreement and bonds having been
approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. The improvement plans herein referred to are hereby
approved.
b. The City Engineer is hereby authorized to sign said
improvement plans.
c. 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 1st day of October, 1984 by the following
vote:
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Vote Members of the City Council
AYES: Gatto, Plungy, Rogers, Sparks,: Johnson
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Phil N. Johnson
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
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RESOLUTION NO. 6432
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Commercial
BAN Properties (Allan G. Byer)
LOCATION: East side of South De Anza Boulevard South of Silverado
Avenue
A. Faithful Performance Bond: $7,000.00
Seven Thousand and no/100 Dollars
B. Labor and Material Bond: $7,000,00
Seven Thousand and no/100 Dollars
C. Checking and Inspection Fee: $ 420.00
Four Hundred Twenty and no/100 Dollars
D. Indirect City Expenses: $ 63.00
Sixty-three and no/100 Dollars
E. Development Maintenance Deposit: $ 250.00
Two Hundred Fifty and no/100 Dollars
F. Storm Drainage Fee: $4,356.00
Four Thousand Three Hundred Fifty-six and no/100 Dollars
G. One Year Power Cost: $ 36.00
Thirty-six and no/100 Dollars
H. Street Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: N/A
K. Water Main Extension Deposit: N/A
L. Maps and/or Improvement Plans: By Developer
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AGREEMENT
This AGREEMENT made and entered into this 9th • day
of October , 19 84 , by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter designated as CITY, and BAN PROPERTIES (ALLAN G. DYER)
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application 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 Whaley 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: $7 ,000 .00
Seven Thousand and no/100 Dollars
PART B . Labor and Material Bond: $7,000 .00
Seven Thousand and no/100 Dollars
PART C. Checking and Inspection Fee: $ 420 .00
Four Hundred Twenty and no/100 Dollars
PART D. Indirect City Expenses: $ 63 .00
Sixty Three and no/100 Dollars
PART E. Development Maintenance Deposit: $ 250 .00
Two Hundred Fifty and no/100 Dollars
PART F . - Storm Drainage Fee: $4 ,356 .00
Four Thousand Three Hundred Fifty-Six and no/100 Dollars
PART G. One Year Power Cost: $ 36 .00
Thirty-Six and no/100 Dollars
PART H . Street Trees: By DEVELOPER
PART I . Map Checking Fee: N/A
PART J . Park Fee: N/A
PART K. Water Main Extension Deposit: N/A
PART L. Maps and/or Improvement Plans: By DEVELOPER
Page 2 -
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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 : =1 property
shown on r t "A" , which is attached hereto and ,.` ade a part
hereof by refere Said dedicated property shar'i' be free and
clear of all lie - or encumbrances except the which the CITY
shall waive in write The DEVELOPER agrees no,- to revoke said
offer of dedication, - -.d to keep said off-s open until the 'CITY
accepts offer by resolut
B . Upon execution ..f this AGRE / NT the DEVELOPER agrees
to deliver a properly execute., •rant dee?f to the CITY of the real
property described in ExhiCt "A" , and such other executed
conveyances, or instruments n- es ' y to convey clear title as
herein required. The DEVELOPER tall provide, at the DEVELOPER' S
sole cost and expense, to the Cit / ,
(1) A preliminary title,*rep.- , t issued by a title insurance
company relating to ,ee pro.' ty offered for dedication;
said Preliminary Tit.-^- Report s =11 be furnished by N/A
(2) A standard po: ' cy of title ins .nce issued by a title
insurance comp, - and insuring the - ITY in the sum of:
N/A, and whic =hall show said propelfree and clear of
all liens or `ncumbrances except those -s the CITY shall
expressly w:' ve in writing; said policy s - 1 be furnished
at the tit- of acceptance of dedication and -cordation of
• deed.
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C. `•on the condition precedent that the DEVE —ER shall
perform each d every covenant and condition of this AGREEMENT,
the CITY • rees to accept said real property offered for
dedication .
2 . INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within
one (1) year from the date of execution of this AGREEMENT, or such
longer period as may be specifically authorized in writing by the
City Engineer. In -the event the DEVELOPER fails or refuses to
complete the Work within the specified period of time, the CITY, at
its sole option, shall be authorized to complete the Work in
whatever manner ,the CITY shall decide. In the event the CITY
completes the Work, the CITY may recover any and all costs incurred
thereby from the DEVELOPER or the DEVELOPER'S surety or both.
B. The DEVELOPER shall install and complete the Work in a
good and workmanlike manner in accordance with the plans as
approved by the City Engineer of Cupertino. The Work shall be done
Page 3
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• 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
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 (Patt 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-
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7A. MAP 'FILING FEE
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t is further agreed that the DEVELOPER shall t ;_.• .'-. with
CITY, prior o ca i•onm•a +_ ., AGRE V t - - o ice checking of
final map and field ch stFe-etammonumentt in compliance
with Section ,o..-- v-':inance No. 47 (Revised 12/0476TrsteofmemC.
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
mftZham.malyELOPER further agrees 'to deposit with the b+hose
monies requi " . with "Policy on _ -. ain Extensions
Work and Deposits" date. ig . _ -. it shall be held by the
CITY until said mo..'., - -re needed to imp 'ettt ' provements
outlined b , — w-rector of Public Works or improvements o ed
w' .,'._ 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.
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12. PARK FEES
I ___ her a• reed that t a s all pay such fees
and/or dedicate su"►-u. - «;_. CITY, prior to execution, as is
required wi . _:• Dedication Or.ina""-•°• - , .. s-v 602, 1972, and
whic. _:. :' rurther 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
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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.
23. 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.
Page 9
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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
‘ caus4a his name to be affixed the day and year first above written .
CITY OF CUP 'TING
'Approved as to form: lila
. �/
City Attorney ' City Clerk ��>�-0{ 9-67
STATE OF CALIFORNIA 1r
County of San Francisco J SS. gam agfirdirEr
On September 13, 1984 before me, DEVELOPER
the undersigned, a Notary Public in d
and for said County and State, personally / if
appeared Allan G. Byer to be the person /I,Fn <
whose name subscribed to the within �
instrument and acknowledged that he B e - .
executed the same.
Notary Acknowledgement Required
ofnC-AtstAk
. `a 5 CHING YUP�OH '
!'-fait
4 NOTARY PUBLIC-CALIFORNIA -'
c.) City and Caunry al SAN WWI 08
'b ' ft ply Commission EOMairs 10.1985
CL1:5 Ya•.., 619�h --
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