86-134 Vincent and Alisa L. Au-Yeung, Improvement Agreement, 22586 San Juan Rd NO FEE IN ACkO ANCE </''`�� 1 �
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I`\�ETURN TO CITY . �l C M O
OF CUPERTINO AGREEMENT v x ya c, I41 ` m N
13',1
10300 TORRE AVE. 22586 SAN JUAN ROAD ni r z o o W
GLIPEt2TINO, CA 950116 •- 4 ac , ''I C
7
$ 1 ClThis AGREEMENT made and entered into this - day
of 7)227,/ , 19 56 , by and between the CITY OF CUPERITINO,
a municipal corporation of the State of California, hereinafter designated
as CITY, and VINCENT AND ALISA L. AU-YEUNG
hereinafter designated as DEVELOPER.
J 717PA6E1693
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
Building Permit
to construct and maintain a single family residence,
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
J 717PAGE1694
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 BONUS, FEES AND DEPOSITS
Improvement. Category - N/A
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
PARTE. Development Maintenance Deposit: Deferred
PART F. Storm Drainage Fee: Paid
PART G. One Year Power Cost: Deferred
PART H. Street Trees: By Developer Deferred
PART I. Map Checking Fee: Deferred
•
PART J. Park Fee: N/A
PART K. Water Main Extension Deposit: N/A
PART L. Maps and/or Improvement Plans: N/A
Page 2
. J 717PAGE1695
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT: -
1. DEDICATION _
A. The DEVELOPER offers to dedicate the real property
shown on Ek ibit "A", which is attached hereto and made a part hereof by
reference. Said dedicated property shall be free and clear of all liens or
encumbrances except those which the CITY shall waive in writing. The
DEVELOPER agrees not to revoke said offer of dedication, and to keep said
offer open until the CITY accepts offer by resolution.
B. Upon execution of this AGREEMENT the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real property
described in Exhibit "A", and such other executed conveyances, or
instruments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the
City:
•
(1) A -preliminary title report issued by a title insurance
company relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance company and insuring the CITY in the sum of: N/A
and which shall show said property free and clear of all.,liens or
encumbrances except those as the CITY shall expressly waive in
writing; said policy shall be furnished at the time of acceptance
of dedication and recordation of deed.
C. Upon the condition precedent that the DEVELOPER shall
perform each and every covenant and condition of this AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WORK
•
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within one (1)
year from the date of execution of this AGREEMENT, or such longer period
as may be specifically authorized in writing by the City Engineer. In the
event the DEVELOPER fails or refuses to complete the Work within the
specified period of time, the CITY, at its sole option, shall be
authorized to couplets the Work in whatever manner the CITY shall decide.
In the event the CITY completes the Work, the CITY may recover any and all
costs incurred thereby from the DEVELOPER or_ the DEVELOPER'S surety or
both.
B. The DEVELOPER shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the City
Engineer of Cupertino. The Work shall be done in 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.
Page 3
C. It is further agreedJ7117.
/ i -J PAGE i 6X7.6
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.
d+terever 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 camtex.ement 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 agreesto execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature.
5. BONDS AND OUTER SECURITY
A. UYuu 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 designatedby the City Engineer. Said bonds shall be
• executed by a surety company authorized to transact a surety businessin
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 -in en fy the CITY for the DEVELOPER'S failure
to so do. -
Page 4
J 71'7116E1697
B. In lieu of a surety bond, the DEVELOPER may elect to secure this
AGREEENT by depositing with the CITY:
1. Cash; dr,
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. COCKING 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 sine 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) .
7A. NAP FILING FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREBNE2T, 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) .
Page 5
J 717Pna1698
S. 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 change 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 (PARS K, Page 2) .
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 INsh LOTION OF &IRENE 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 2 herein.
•
Page 6
J717PAGE1699
13. MAINTENANCE OF FORK -
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 aid 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.
18. PACIFIC GAS AND ELECIRIC/PACIFIC BELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to Pacific Bell 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
undergranding 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 Bell that said fees are due and payable.
Page 7
• .J7t7PAGEI70O
19. EASEMENTS AND R12T1-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 against any or all loss, cost, expense,
damage or liability, or claim thereof, occasioned_ by or in any way
whatsoever arising out of the performance or nonperformance of the Work or
the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S .
agents, employees and independent contractors.
21. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or shall
require any contractor engaged to perform the .Work to take out, and
maintain at all times during the performance and maintenance of the Work
called for or required to be done hereunder, a policy of insurance naming
the CITY and members of the City Council of the City of Cupertino,
individually and collectively, and the 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 ki ly injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide
that the coverage afforded thereby shall be primary coverage to the full
limit of liability stated in the declarations, and if the City, its
members of the City Council individually and collectively, and the
officers, agents, and employees of the CITY, individually and
collectively, have other insurance against the loss covered by said policy
or policies, that other insurance shall be excess insurance only.
A. Each of said policies of insurance shall provide coverage in the
following minimum amounts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
Page 8
•
J 717PAGEi701
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGREES 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. 1W€ 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 ten (10) prints of fully executed improvement
plans.
C. 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) months notice from the
CITY, in which event the Work must be completed within one (1) year
' thereafter, or in the absence of such notification, no later than five (5)
years and six (6) months from the date of this (AGREEMENT, the following
improvements:
asphalt street improvements, water lines , storm lines,
concrete curb and gutter, street lights, and other minor
street appurtenances.
Page 9
GENERAL ACKNOWLEDGMENT J 717 PAGE 17 0 3 NO.201
rr rr rrrrrr�r�rrrrrrrrrrrrrrrrrrr rrrrr ..1/4
RState of � . .' - On this the 711;y of 47 14 before me,
County of 1:‘,/.. (fes, 1ss. -Do ,eD S/ /-/1/P.'(' KC:- .4/ .0 ..
the undersigned Notary Public,personally appeared 6
14 re / / — yEcJ�7 1
h `I
c1..965G,LOG19cxscc5049iOCCIN IMUSGOtiigo
OFFICIAL SEAL g 0 personally known to me 6
O
Dorothy Marie Cornelius ��roved to me on the basis of satisfactory evidenceti PUBLIC CALIFORNIA gto be the person(s)whose name(s) / S subscribed to the >ANTA CLARA COUNTY ' within instrur. t,and acknowledged that .0h C executed it.
. 2 My Commission Expires April 1, 1988 WITNES' nd and officialc al. 1
t .:�r."c�cxscocosxscncx mcc�c mNsc�coa
z
Nota ' Signature a
S
J717PAGE17O2
Until such notification is made by CITY, or such time has elapsed,
Sections numbered 2 ,5, 6, 7, 7A, 8 , 10 , 11 , 13 , 17 , 21
are hereby deferred. The DEVELOPER further agrees to cooperate, upon
notice by the art, 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 - A.P.N. 342-18-19
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
do rr iption of which is contained in Exhibit B, which is attached hereto
and made a part hereof by reference, and is for the benefit of the other
lands in the City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Council and said DEVELOPER has hereunto caused his name to be affixed
the day arra year first above written.
,rtr
CITY OF CUPER7mo:;!i=0.
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fir
Approved as to form: <� Q`
AC ,M
d' ®J
City Attorney erk 7,.:v„'W a-
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i,IVVV21
• DEVELOPER. r
All signatures require notary acknowledgment.
Exhibit. B Attached
•
Page 10
(Rev.3-1986)
J 717PAGE1704
EXHIBIT "B"
All that real property situate in the City of Cupertino,
County of Santa Clara, State of California, more particularly
described as follows:
All of Parcel C as said parcel is shown upon that
certain amended Record of Survey filed for record
on the 5th day of February, 1965 at 12: 50 p.m. in
Book 190 of Maps at page 47, Santa Clara County
Records.
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J 717PME17OB
RESOLUTION NO. 6849
A RESOUJTION OF THE CITY COUNCIL OF THE CITY OF CiJPERTINO
AUTHORIZING THE EXECUTION OF DEFZ;RRED AGREEMENT WITH VINCENT
AND ALISA L. AU-YEUNG FOR THE IMPROVEMENT OF FRONTAGE
ALONG 22586 SAN JUAN ROAD
WHEREAS, there has been presented to the City Council an agreement for
the improvement of the street frontage along 22586 San Juan Road by
Vincent and Alisa L. Au-Yeung; 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 agreemrrt having been
approved by the City Attorney;
NOW, THEREFDRE, BE IT RESOLVED that said agreement for the improvement
of street frontage along 22586 San Juan 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 ADO 'ThiJ at a regular meeting of the City Council,of the
City of Cupertino this 19th day of May ,.,1986 by“the
following vote: ;,-;;;_n ^_:�, . '
Vote Meters of the City Council
i t i�,,'$§d� c j5�r r34-• �1.
INSTRLIMOCi'�1 1`e 1WA:.b�YC�'�,QRITECT CC PI
AYES: Johnson, Plungy,
Gatto CP T,HFyl�77p1�'I,H .��G'IL,.FiLIN IS'.•OFFICE.
,ts_ •/ .,
NOES: None -A?r� T • :sr / 19�
crry'-ui
�.l F E C17tCF �-TIN❑
ABSENT: Sparks, Rogers eY '�a
ABSTAIN: None 1/4•‘4,r t, r vvvvvv _C'
3.
ATTEST: APPROVED: ', `- 1 ,
/s/ Dorothy Cornelius /s/ John Gatto
City Clerk - Acting Mayor, City of
Cupertino