86-115 Mok-Vidovich, A Joint Venture, Improvement Agreement, Tract 7846, Agreement for Deposit of Processing •
Cita of Cupertino
10300 Torre Avenue P.O.Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
April 23, 1986
Mok-Vidovich, A Joint Venture
1307 South Mary Avenue
Sunnyvale, CA 94087
TRACT 7846
IMPROVEMENT AGREEMENT - AGREEMENT FOR DEPOSIT OF PROCESSING
We are enclosing one (1) copy of the following agreements: -
One (1) copy of the Agreement by and between the City of Cupertino and
Mok-Vidovich, Joint Venture, A General Partnership which has been fully
executed by City Officials, along with one (1) copy of Resolution No.
6808, which was enacted by the City Council of the City of Cupertino, at •
their regular meeting of Monday, April 7, 1986.
One (1) copy of Agreement for Deposit by and between the City of Cupertino
and Mok-Vidovich, A Joint Venture, which has been fully executed by City
Officials, along with one (1) copy of Resolution No. 6807, which was enacted
by the City Council of the City of City of Cupertino, at their regular meeting
of Monday, April 7, 1986.
•
Since(/r/�f,�y,
LG�f�
DOROTHY CORNS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
4
RESOIIATICN NO. 6808
A RESOIUUTICN OF THE CITY COUNCIL OF THE CITY OF CJPERTTINO
APPROVING THE FINAL MAP AND IMPROVEMENT PIANS OF TRACT NO. 7846
LOCATED ON NOVEMBER DRIVE; DEVELOPER, ICK-VIDOVICH,
JOINT VENTURE, A GENERAL PAIHIP; ACCEPTING CERTAIN
EASEMENT'S; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS;
AUTHORIZING EXECUTION OF AGREEMENT IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval and
authorization to record final map of Tract No. 7846 located on November
Drive showing certain avenues, drives, places and roads by Mok-Vidovich,
Joint Venture, A General Partnership; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, and for
other improvements, and good and sufficient bonds, fees, and deposits as
set forth in E hibit "A" having been presented for the faithful
performance of said work and the carrying out of said agreement; and said
map, agreement and bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said final map aid . irprovement plans of Tract No. 7846, be and
the same are hereby approved.
b. The offer of dedication for roadway and for easements is hereby
accepted.
c. The City Engineer and the City Clerk are hereby authorized to
sign said final map.
d. The City Engineer is hereby authorized to sign the improvement
plans.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
V .
•
RESOID'i'ION NO. 6808
PASSED AND ADOrtLU at a regular meeting of the City Council of the
City of Cupertino this 7th day of April , 1986 by the
following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino
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•
TRACT AGREEMENT
NOVEMBER DRIVE
-This AGREEMENT, made and entered into this 7th day
of April 19 86 by and between the CITY OF
CUPERTINO, .a municipal corporation of the State of California,
hereinafter designated as CITY, and MOK-VIDOVICH, JOINT VENTURE: A
GENERAL PARTNERSHIP , hereinafter designated as DEVELOPER.
•
W I T N E S S E T H
•
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 7846 •
Cupertino California, hereinafter designated as the "Tract" ; and
WHEREAS, said map- shows certaincourts, 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 Kirkeby Associates •
, a true copy of which improvement plans and
specifications are on file in the Office of the City Engineer of
Cupertino; and
WHEREAS, the same are incorporated herein by reference, . the
same as though set out in full ;
NOW, THEREFORE, said improvement plans and specifications shall
be hereinafter called the "Plans, " and the work to be done under
. the Plans shall be called the "Work. "
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: $144,000
ONE HUNDRED FORTY FOUR THOUSAND AND NO/100. DOLLARS
PART B. Labor and Material Bond: $144,000
ONE HUNDRED FORTY FOUR THOUSAND AND NO/100 DOLLARS
PART C. Checking and Inspection Fee: $ 7,200
SEVEN THOUSAND TWO HUNDRED AND NO/100 DOLLARS
PART D. Indirect City Expenses: $ 1,080
ONE THOUSAND EIGHTY AND NO/100 DOLLARS
PART E. Map Filing Fee $ 210
TWO HUNDRED TEN AND NO/100 DOLLARS
PART F. Development Maintenance Deposit: $ 3,000
THREE THOUSAND AND NO/100 DOLLARS
PART G. Storm Drainage Fee: $ 4,012
FOUR THOUSAND TWELVE AND N0/100 DOLLARS
PART H . One Year Power Cost: $ 180
ONE HUNDRED EIGHTY AND NO/100 DOLLARS
PART I . Street Trees: BY DEVELOPER
PART J . Park Fee: ZONE $37,340
FORTY FIVE THOUSAND SEVEN HUNDRED THIRTY EIGHT 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:
I. 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 0) .
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 E) . .
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, - •
prior to execution of this AGREEMENT, , the amount set forth herein
at Page 2 (Part F) as a development maintenance deposit to insure
proper dust control and cleaning during the construction period.
The development maintenance deposit may be utilized for repairs of
defeats 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
satisfactiom 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 G) .
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.,.. PARI( rEE ADJU3TiUR NteilBr1e
__ . .
Part J, requires formal confirmation. The City will emplo . • - -• local
appraiser to provide a market value of the la,. - - ty will calculate the "Park
Fee" based on the appraisal. N. - • .per agrees to pay for any deficiency within
thirty (30) da - - ty agrees to refund overage within thirty (30) days.
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 .Nand 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 awn 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, commencingwith 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 _
nonperformanceof the Work or the negligence or willful misconduct. _ •
of the DEVELOPER or the DEVELOPER.' S agents, employees, ' and
.independent contractors. .
- PAGE i ., •
' 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
- aforegoing 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 anyone 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 beam 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-th_e. 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 - . ,
STATE OF CALIFORNIA
ss.
COUNTY OF SANTA CLARA
On..... . 4 befom me,the undersigned,a Notary Public in and for said County and State,personally
appeared. Vida el 047
known to me or proved to me on the basis of satisfactory evidence to be one of the partners of the partnership that executed the within instrument
and acknowledged to me that such partnership executed same.
_
-"Ciittri —KAT°11FRiciaiN k1/21SVIDEAL071CH
WITNESS my hand and Oral Seat
41 11.11641 NOTARY PUBLIC CALIFORNIA
ederfar /427---r-CZ> 4 ae '7 1 SANTA CLARA COUNTY
sar My Comex Expires March 10,1988
Notary
ACKNOWLEDGMENT-PARTNERSHIP
VTC-13 0
•
. • 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 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 OFCUPERTINO
•
Approved as to form: - _L /Q•91/11ek
lFItYQ
Ma:
•
0// 417 -4:(2
ity A orney City C erk: -V°
•
•
Mor-v•oov,ck Si. \JD..;kvnF
• DEVELOPER:
•
•
• Votary Acknowledgment Required.
i)CL
Page 9
RESOLUTION NO. 6807
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERT'INO
AUTHORIZING EX'QtTION OF "AGREEMENT FOR DEPOSIT" WITH
MOK-VIDOVICH, A JOINT VENTURE, FOR CONSTRUCTION OF AN ACC'FSS ROAD IN
CONJUNCTION WITH THE DEVELOPMENT OF TRACT NO. 7846,
NOVEMBER DRIVE.
WHEREAS, in conjunction with the development of Tract No. 7846,
located along NoveMber Drive, the Developer, Mok-Vidovich, A Joint
Venture, is required to contribute towards the cost of the future
construction of an access road; and
WHEREAS, in order to comply with the condition of cost contribution,
there has been presented to the City Council for execution an "Agreement '
for Deposit" between the City and Mok Vidovich, A Joint Venture; and
WHEREAS, the terms and conditions, and procedure for depositing funds
are more fully specified in the proposed aforementioned ant, and
said agreement has been reviewed and approved by the Director of Public
Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute the aforementioned agreement in behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 7th day of April
, 1986 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT; None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino
AGREEMENT FOR DEPOSIT
THIS AGREEMENT FOR DEPOSIT is entered into this 7th day of April
1986, by and between Mok-Vidovich, A Joint Venture, (hereafter "Developer") ,
and THE CITY OF CUPERTINO, a municipal corporation (hereafter the "City") .
RECITALS:
A. Developer is the developer of that certain parcel of real property
consisting of approximately- 3:]I1 acres located east of November Drive, in the
City of Cupertino, County of Santa Clara, State of California (hereafter the
"Property") . The Property is more particularly described in Exhibit "A"
attached hereto and incorporated by reference herein.
B. Developer is the applicant in Application (hereafter the "Application")
for a tentative subdivision map for the Property which Application was approved
by City.
C. One of the conditions to city's approval of the Application requires
Developer to contribute a cash deposit toward the cost of construction of an
access road (hereafter the "Access Road") from Orogrande over the Highway 85
Frontage Road across Regnart Creek to the adjoining property to the East of
Developer's Property.
D. The purpose of this Agreement is to implement said condition to City's
approval of the Application.
NOW, THEREFORE, in consideration of the mutual convenants contained herein,
and for the good and valuable consideration, the parties agree as follows:
1. Deposit. In consideration of and as a condition of the approval by
City of the Developer's final subdivision map of the Property, Developer shall
pay to City a deposit (hereafter the "Deposit") in cash toward the construction
of the Access Road. The amount of the Deposit shall be calculated pursuant
to Paragraph 2 below.
2. Calculation of Deposit. The amount of the deposit shall be calculated
by multiplying:
-1-
•
• a) The total estimated cost of the Access Road which is estimated
by Kirkeby Associated to be $124,000.00 by, •
b) That fraction, the numerator of which shall be the acreage of the
Property. The denominator shall be all of the Acreage shown in
Exhibit "B", attached hereto, and incorporated herein.
Fraction = 3.41 = 287
12.1
3. Payment of Deposit. The Deposit shall be paid to City on or before
the earlier of the expiration of the twelve (12) month period commencing with
the recordation of the final subdivision map of the Property, or in eleven (11)
equal installments upon the close of escrow for the sale of each parcel in the
subdivision. (Due $34,720.00) . This amount is subject to a credit for that
portion of the work installed by developer. The city agrees to determine such
credit within 30 days and refund developer any credits in excess of 34,720.00.
4. Use of Deposit. The Deposit paid by Developer shall be .used by City
solely to pay the costs of construction of the Access Road.
5. Governing Law. This agreement shall be governed by and construed in
accordance with the laws of the State of California.
6. Notices. All communications, notices, consents, approvals, and demands
of any kind which any party may be required or desire to give to or serve upon
the other party shall be made in writing and delivered by personal service to
the other party or sent by registered or certified mail, postage prepaid, return
receipt requested, to the following addresses:
"Developer" Mok-Vidovich
1307 S. Mary Avenue
Sunnyvale, CA 94087
"City" City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attn: Director of Public Works
Any such notice, consent, approval, or demand sent by mail shall be deemed
received forty eight (48) hours after being deposited in the United States mail.
The parties hereto from time to time may change the addresses set forth above by
written notice of such change delivered to the other party in accordance with the
provisions of this paragraph.
-2-
STATE OF CALIFORNIA } ss.
COUNTY OF SANTA CLARA
On...............:2.,MA................ before me,the undersigned,a Notary Public in and for said County and State,personally
, appeared....,-2:5447,P7 16 c4cR e-:<h
I.
known to me or proved to me on the basis of satisfactory evidence to be one of the partners of the partnership that executed the within instrument
and acknowledged to me that such partnership executed same.
WITNESS my hand and Off Seal. •4.,...a...t..a.c....ta,I.iza.,2 .
C---------....
' e,:eeedle--L) OFFICIAL SEM,
st" t Min A. VIDOVICH
cr.....,—4 NOTARY F'UBLIC-CALIFORNIA
N.., ' . SANTA CLARA COUNTY
;.n tety Comm Expiras March 18,1988
Notary
ACKNOWLEDGMENT-PARTNERSHIP
VTC-13O
AGREEMENT FOR DEPOSIT SIGNATURE PAGE
;
CITY OF CCUPERTINO
r�9 /CIO /g/Abor
Approved as to form: Cit Clerk 5!/���'jo
City Attorney DEVELOPER
Notary Acknowledgment Required
-3-
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