84-080 South Bay Construction Company, Resolution #6450 ,PH 8270255
FILED FOR RECORD
AT REQUEST Or
DEC 5 8 47 AH 'gq
OFFICIAL RECORDS
SANTA CLARA COUNT`.'
-EORGE-A.- WU(
I�' ISTRAR RECORDER - ,
NO FEE IN ACCORDANCE RETURN TO CIT7g
WITH 60V CODE 6103
OF CUPERTINO
10300 TORRE AVE.
y � CUpERTINO,
T CA 5014
RESOLUTION NO. 6451 J ®3O Phi= 487
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE EXECUTION OF DEFERRED AGREEMENT WITH
SOUTH BAY CUPERTINO, A CALIFORNIA LIMITED PARTNERSHIP
FOR MISCELLANEOUS MUNICIPAL IMPROVEMENTS, INCLUDING
UNDERGROUNDING, OF FRONTAGE ON THE WEST SIDE OF
SARATOGA-SUNNYVALE ROAD NORTH OF PROSPECT ROAD
WHEREAS, there has been presented to the City Council an
agreement for the improvement of the street frontage on the west side
of Saratoga-Sunnyvale Road north of Prospect Road by South Bay
Cupertino, a California limited partnership; 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 the said agreement for the
improvement of street frontage on the west side of Saratoga-Sunnyvale
Road north of Prospect 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.
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 ' z! nnn, yA,”
•
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ABSENT: None �` c `, `,;� r �` 7 � eir
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ABSTAIN: None �ITv c -�:a`ictr 2� '.R EN®
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APPROVFIDYY 4,---.6=7"-A
.--.6/ ..�y1< "(4 ehl.
;; 'd.n6 1-1 tr'
/s/ Phil N JohnsotiV1'}• ') j f, . • ,
Mayor, City ofCupertino°
ATTEST:
/s/ Allison Villarante
Deputy City Clerk
fiteera
RETURN TO CITY' NO FEF: IN ACCORDANCE
• OF CUPERTINO WITH 6OV CODE 6103
10300 TORRE AVE.
CUPERTINO, CA 95014 090 PnC
488
AGREEMENT
This AGREEMENT made and entered into this 19th day
of November , 1984 , by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter designated as CITY, and South Bay Cupertino, a California
Limited Partnership ,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 a Commercial Development.
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
J 090 i 489
• WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amounts of Bonds, Fees, and Deposits as set
forth in the following schedule :
SCHEDULE OF BONDS, FEES AND DEPOSITS
Improvement Category - N/A
PART A. Faithful Performance Bond: Deferred
*(Median, undergrounding & Driveway Improvements)
PART B . Labor and Material Bond: Deferred
*(Median, undergrounding & Driveway Improvements)
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
U090 nu 490
- NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties- hereto as follows, TO WIT:
a -D-I ON• — --- - -
The DEVELOPER offers to dedicate the real proper•
show on ' - hibit "A", which is attached hereto and made part
hereof by r- erence. Said dedicated property shall be ree and
clear of all iens or encumbrances except those w : ch the CITY
shall waive in riting. The DEVELOPER agrees not t. revoke said
offer of dedicatio and to keep said offer op= until the CITY
accepts offer by res.' ution.
B. Upon execu ' on of this AGREEMEN ' the DEVELOPER agrees
to deliver a properly exec ed grant deed t•- the CITY of the real
property described in E 'ibit "A", -nd such other executed
conveyances, or instruments •ecessa to convey clear title as
herein required. The DEVELOP c. s . 1 provide, at the DEVELOPER' S
sole cost and expense, to the City
(1) A preliminary ti .. e repo issued by a title insurance
company relating to the prope offered for dedication;
said . Preliminary Title Report -hall be furnished by
DEVELOPER.
( 2) A standar. policy of title insur- e issued by a title
insurance -ompany and insuring the C. TY in the sum of:
N/A, and ich shall show said property '• ee and clear of
all 1• - s or encumbrances except those as he CITYshall
expr- =sly waive in writing; said policy shal be furnished
at e time of acceptance of dedication and re rdation of •
• -ed.
C. Upon the condition precedent that the DEVELOPER hall
per •rm each and every covenant and condition of this AGREEM ; T,
t. - CITY agrees to accept said real property offered - f.
•edicatron:---
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
• :J 090 PACE 491
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
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•
3 090 F!CE 493
7A. MAP FILING FEE
It is further agreed that the DEVELOPER shall deposit with
CITY, prior toexecution of this AGREEMENT, for office checking of
final map and field checking of street monuments, in compliance
with Section 4: 1 of Ordinance No. 47 (Revised 12/04/61) of CITY,
the amount as set forth herein at Page 2 (Part I) .
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount set forth herein
at Page 2 (Part E) as a development maintenance deposit to insure
proper dust control and cleaning during the construction period.
The development maintenance deposit may be utilized for repairs of
defects and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said work during the
period until release of the improvement bonds by the CITY. Should
the DEVELOPER complete the required repairs to the entire
satisfaction of the CITY, the unused balance will be returned after
the release of the improvement bonds.
9A. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge
in connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as
set forth herein at Page 2 (Part F) .
9B. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those
monies required to comply with "Policy on Water Main Extensions
Work and Deposits" dated 9/30/77. The deposit shall be held by the
CITY until said monies are needed to implement improvements
outlined by the Director of Public Works or improvements outlined
within and adopted Water Master Plan.
The amount shown herein at Part R, Page 2, shall be the full
amount due.
10 . ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall 'pay to CITY prior
to execution of this AGREEMENT, the amount as set forth herein at
Page 2 (Part G) , which amount represents the power cost for street
lights for one year.
11. THE INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as
deemed appropriate by the City Engineer, plant street trees in
conformance with the standards of the City of Cupertino. Variety of
tree shall. be selected from the City approved list.
Page 6
•
•
J 090 N" :494
• 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 2 herein.
13. MAINTENANCE OF WORE
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
imperfectionsarising 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,
uponexecution 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. r
• 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
•
•
•
U090 PAGE 495
18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH
It is further agreed that the DEVELOPER shall pay to Pacific •
Gas and Electric Company and/or to Pacific Telephone and Telegraph
Company any and all fees required for installation of overhead
and/or underground wiring circuits to all electroliers within said
property and any and all fees required for undergrounding as
provided in Ordinance No. 331 of CITY when DEVELOPER is notified by
either the City Engineer or the Pacific Gas and Electric Company
and/or Pacific Teltphone and Telegraph Company that said fees are
due and payable.
19. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way
necessary for completion of the Project shall be acquired by the
"DEVELOPER at his own cost and expense. It is provided, however,
that in the event eminent domain proceedings are required by the
CITY for the purpose of securing said easement and right-of-way,
that the DEVELOPER shall deposit with CITY a sum covering the
reasonable market value of the land proposed to be taken and to be
included in said sum shall be a reasonable allowance for severance
damages, if any. It is further provided that in addition thereto,
such sums as may be required for legal fees and costs, engineering,
and other incidental costs in such reasonable amounts as the CITY
may require shall be deposited with the City of Cupertino.
20. HOLD HARMLESS
It is further agreed that, commencing with the performance of
the Work by the DEVELOPER or his contractor and continuing until
the completion of the maintenance of the Work, the DEVELOPER shall
indemnify, hold harmless and defend the CITY from and aginst any or
all loss, cost, expense, damage or liability, or claim thereof,
occasioned by or in any way whatsoever arising out of the
performance or nonperformance of the Work or the negligence or
willful misconduct of the DEVELOPER or the DEVELOPER' S agents,
employees and independent contractors.
21. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or
shall require any contractor engaged to perform the Work to take
out, and maintain at all times during the performance and
maintenance of the Work called for or required to be done
hereunder, a policy of insurance naming the CITY and members of the
City Council of the City of Cupertino, individually and
collectively, and the officers, agents and employees of the City
individually and collectively, as insured. Said separate policy
shall provide bodily injury and property damage coverage to the
foregoing named CITY and individuals covering all the Work
performed by, for, or on behalf of said DEVELOPER. Both bodily
injury and property damage insurance must be on an occurrence
basis ; and said policy or policies shall provide that the coverage
afforded thereby shall be primary coverage to the full limit of
Page 8
•
j°9° P4sE 496
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. MAPS AND/OR IMPROVEMENT PLANS
It is further agreed that the DEVELOPER shall furnish CITY with
the following maps and/or plans at his own expense:
A. A mylar sepia and seven (7) prints of fully executed
B. A mylar sepia and thirteen (13) prints of fully executed
tract maps.
C. A mylar sepia and eleven (11) prints of fully executed
improvement plans.
D. A direct duplicating silver negative 'microfilm aperature
card of all executed improvement plans and maps.
It is agreed that the -sepia, prints and microfilm of maps will
be furnished within one month following recordation at the County •
of Santa Clara.
It is also agreed that the sepia, prints and microfilm for
improvement plans will be furnished within one month following the
signing of the plans by the CITY.
23. DEFERMENT
It is further agreed that the DEVELOPER shall furnish,
construct and install at his own expense, either upon six ( 6 )
Page 9
PARTNERSHIP ACKNOWLEDGMENT NO.203
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•
State of ( L(fl1nZ/1teC. On this the '/p ay of Oc � vvv 19 (1%,before me,
County of t fart10—10— d \j aihe- l w4`4 ,,c....:
S the undersigned Notary Public, personally appeared C5
. 1IG
1 qQmPS 41 U�l/
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personally known to me S
S --. •. " • --"'" ❑ proved to me on the basis of satisfactory evidence 's
�,a� JTIY NEPUB HEN6PoOKXRNI •
to be the person(s)who executed the within instrument on behalf of the
NOTARY PUBLIC-CALIFORNIA
• -". r SANTA CLARA COUNTY partnership,and acknowledged to me that the partnership executed it.
: ,tcf uyccmnUs`onesp,aunee.ieeo WITNESS my hand and officials I.
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Notary's ignrJ \
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•
J 090 ME 49®
months notice from the CITY, in which event the Work must be
completed within one (1) year thereafter, or in the absence of such •
notification, no later than five (5) years and six ( 6 ) months from
date of this AGREEMENT, the following improvements :
SEE EXHIBIT "D"
Until such notification is made by CITY, or such time has
elapsed, Sections numbered 2 through 21 excepting 9 et al, are
hereby deferred . The DEVELOPER further agrees to cooperate, upon
notice by the CITY, with other property owners, the CITY and other
public agencies to provide the improvements set forth herein under
a joint cooperative plan , including the formation of a local
improvement district, if ,this method is feasible to secure the
installation and construction of the improvements .
22 . 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 "C"
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 CUP RT NO
al
Approved as to form: 1/ / 9
-- r ��y3 4,07-CCr Atto ity Clerk
South Bay/Cupertino, a
California limited ?artnership
-cam
�, i'EYVELOPER:
B y: /22 c
Notary acknowledgment required
Exhibits A, B, C, & D ATTACHED
Page 10
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September 24 , 1984
Job No. 284139 •
•
EXHIBIT "A" :1090 rt499
•
AGREEMENT TO REPLACE EXISTING POLE LINE WITH UNDERGROUND
UTILITIES ALONG A LINE DESCRIBED AS FOLLOWS :
THE SOUTHERLY LINE OF LOT 10 AS SHOWN ON THE CERTAIN MAP
ENTITLED "TRACT NO. 124 , SUBDIVISION OF THE VAN DINE TRACT" ,
AND RECORDED IN BOOK 4 OF MAPS AT PAGE 24 , SANTA CLARA
COUNTY RECORDS .
•
•
•
•
•
.._ Saudis and Associates •
PUBLIC WOW',
September 24 , 1984 s.n•tp
Job No. 284139
EXHIBIT "B"
'J 090 NE 500
LEGAL DESCRIPTION
FUTURE COMBINED DRIVEWAY ACCESS EASEMENT
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT 10 , OF
TRACT NO. 124 , DISTANT THEREON WEST 60 . 00 FEET FROM THE
CENTERLINE OF SARATOGA-SUNNYVALE ROAD, AS SAID LOT, TRACT,
AND ROAD ARE SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO.
124 , SUBDIVISION OF THE VAN DINE TRACT" , AND RECORDED IN '
BOOK 4 OF MAPS AT PAGE 24 , SANTA CLARA COUNTY RECORDS;
THENCE FROM SAID POINT OF BEGINNING, ALONG SAID SOUTHERLY
LINE OF SAID LOT 10 , WEST 75 .00 FEET;
THENCE' LEAVING SAID LINE AND PARALLEL TO SAID CENTERLINE
OF SARATOGA-SUNNYVALE ROAD, NORTH 50 . 00 FEET;
THENCE PARALLEL TO SAID SOUTHERLY LINE OF LOT 10 , EAST
75 . 00 FEET TO A LINE PARALLEL TO AND DISTANT 60 . 00 FEET
AS MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE OF
SARATOGA-SUNNYVALE ROAD ;
THENCE ALONG SAID PARALLEL LINE , SOUTH 50 . 00 FEET TO THE
POINT OF BEGINNING.
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L—._ 1, Sandis and Associates
EXHIBIT "C" :1090 PL E 501
All of that certain real property situate in the City of Cupertino
more particularly described in the following:
All of lots 7, 8, 9 and 10 of Tract 124 filed for record at Santa
Clara County Records. Book 4 of Maps at Page 24.
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EXHIBIT "D" -- - '
U090 Pry_502
THE FOLLOWING WORK IS DEFERRED:
(A) MEDIAN WORK - SARATOGA/SUNNYVALE ROAD
The Developer further agrees to contribute toward the reconstruction
of medians along the frontage of his property. The contributions
shall be in accordance with the "benefit" methods of assessment
districts and shall be approved by the City Council.
(B) UNDERGROUNDING - SOUTH PROPERTY LINE
The Developer further agrees to underground any and all overhead
power and telephone or related lines which exist along the property
line described in Exhibit "A". The Developer shall pay his "frontage
share" of the costs along with other adjacent properties which have
frontage on the existing power lines.
(C) COMMON DRIVEWAY
The Developer further agrees- to contribute toward the reconstruction
of the driveway access at the south property line. The Developer shall
construct a common entrance and reconfigure his "on-site" parking lot.
The work shall only be accomplished along with property to the south.
(Ref. Exhibit "B")