87-031 Ross Keiser & Terry L. Keiser, Improvement Agreement,22430 Palm Ave ue and 10088 & 10090 Peninsula Ave. APN #326-24-24 & 27 4
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Citti of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino, California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
December 11, 1989
Ross Keiser
.22430 Palm Avenue
Cupertino, CA 95014
IMPROVEMENT AGREEMENT - 10088 & 10090 PENINSULA AVENUE
We are enclosing to you for your files one (1) copy Of the Agreement by
and between the City of Cupertino and Ross Keiser and Terry Keiser, which
has been fully executed by City Officials, along with one (1) copy of
Resolution No. 7981, which was enacted by the City Council of the City of
Cupertino, at their regular meeting of Monday, November 20, 1989.
Sincerely,
>/m•
DOROTHY CJRNELIUS
CITY CLERK
CITY OF CUPERFINO
DC/so
encl.
cc: Department of Public Works
AGREEMENT
10088 & 10090 Peninsula Ave.
APN #326-24-26 & 27
ThiseAG 7T made and entered into this SP.dP�,�//l day
of /tl0(/Of f,24 , 19fl, by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and ROSS KEISER & TERRY L. KEISER
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
BUILDING PERMIT
to construct and maintain 2 SINGLE FAMILY DWELLINGS
hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by KIRKEBY & ASSOC.
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."
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
Street Improvement Category:
PART A. Faithful Performance Bond:
TEN THOUSAND ONE HUNDRED SEVENTY DOLLARS AND NO/100 $10,170.00
PART B. Labor and Material Bond:
TEN THOUSAND ONE HUNDRED SEVENTY DOLLARS AND NO/100 $10,170.00
PART C. Checking and Inspection Fee:
FIVE HUNDRED 'NINE DOLLARS AND NO/100 $ 509.00
PART D. Indirect City Expenses:
SEVENTY SIX DOLLARS AND NO/100 $ 76.00
PART E. Development Wince Deposit:
FIVE HUNDRED DOLLARS AND NO/100 $ 500.00
PART F. Storm Drainage Fee:
TWO HUNDRED EIGHTY FOUR DOLLARS AND NO/100 $ 284.00
PART G. One Year Power Cost:
PART H. Street Trees: By Developer
PART I. Map Checking Fee:
PART J. Park Fee:
TEN THOUSAND FIVE HUNDRED DOLLARS AND NO/100 $10,500.00
PART K. Water Main Reimbursement:
ONE THOUSAND SIX HUNDRED SIX DOLLARS AND NO/100 $ 1,606.00
PART L. Maps and/or Improvement Plans:
As Specified in Item 23
PART M. Reimbursement for City Installed Improvements
on Grand Ave. File: 1198,043
FIVE THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS AND NO/100 $ 5,975.00
9
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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. QUPICLAIM DEED
It is further agreed that the DEVELOPER, when nested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to CITY
authorization to extract water from the underground strata lying beneath
said project arra DEVELOPER agrees to execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented tohim for signature.
5. EONDS 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 arra 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 lard agreed to be dedicated, and any
improvements to be made under' this AGREENERP. In the event that
improvements are to be made under this MOMENT, 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
AGREEI€RT 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 rrrie 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. CHECIC NG 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 AGREE2+IENr, 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 AGRED1FNNP, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. MAP CHECKING FEE
•
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGBEEt+1E21T, 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) .
9. 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
bowls 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.
10. 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 anoint as set forth
herein at Page 2 (Part F) .
11. WATER MAIN EMERSION 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 amount shown herein at Part K, Page 2, shall be the full amtumt
due.
12. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior to
execution of this AG[ man, the amount as set forth herein at Page 2
(Part G) , which amount represents the power cost for street lights for one
year.
13. 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
frau the City approved list.
14. 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.
14-A. PARK FEE ADJUSIIIE2'7T PROVISIONS
The value of the land used in establishing ng the "Park Fee" outlined
herein on Page 2, Part J, requires formal confirmation. The CITY
shall employ a qualified local appraiser to provide a market value of the
land. The City will calculate the "Park Fee" basal on the appraisal. The
Developer agrees to pay for any deficiency'within thirty. (30) days and the
City agrees . to refund overage within thirty (30) days. Adjustments shall
be made prior to acceptance of the subdivision istprovements.
15. mkurr'fl1ANCE 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 Ctipertino, and to the entire satisfaction of
said CI, all defects and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said Work.
16. SANTIARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this ACRE Fr, a letter ficmt the Cutertino Sanitary District
stating that the DEVELOPER has entered into a separate ACRE:12C with the
said District to install sanitary sewers to serve all lots within said
Project arra stating that a bond to insure full and faithful performance of
the constriction of the said sanitary sewers aid to insure maintenance of _
said sanitary sewer in conformance with, .the provisions as set forth in •
Paragraph 15 above has been filed.
17. COVERZ ?T CODE •
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this A.GREEI4ENr, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government ('nip, pertainingto
special assessments or bonds, have been complied with.
18. CENTRAL lute;e; DISTRICT •
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this AGREQHENW, a letter from, the Central Fire Protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an ACHEDg W 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.
19. PACIFIC GAS AND ELECrRIC/PACLFIC SELL
• i
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PACIFIC pnr, Company any and all fees required
for installation of overhead and/or underground, wiring circuits to all
electroliers within said property and any arra all fees required for • .••
uncle/grounding 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 Company that said fees are due and payable.
7
•
•
20. EASEKIWIS AND RIGHT-OFWAY
•
It is further agreed that any easement aid right-of-way necessary for
completion of the Project shall be acquired by the DEVELOPER at his own
cost arra expense. It is provided, however, that in the event eminent
�;
domain proceeding's are required by the CITY for the purpose of securing
said easement and right-of-gray, 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 arirrition
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.
21. HOLD HARKLESS
•
It is further agreed that, camnencing 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
arra defend the CITY form 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.
22. 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 arra members of the City Council of the City of Cupertino
individually and collectively, and the officersagents and employees of
the City individually and collectively, as insu,red. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing
nae 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.
The insurance carrier shall provide proof of their ratings. All ratings
shall be a minimum of "Best A-7" in accordance with ABAG policies.
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STATE OE ("Al IFORNIA_ �.i
. . _ County of-JAA%TA G 2R�4- - 1ss.
On 4/c'24/, ix—'7 . 19 nefore me,the undersigned.a Notary Public
in and rill said Slate.personally appeared .e/'SS .'itlE✓JleFfe_ dAf0_
--.Jf' -y j. Ae0ier? . . . . - - - -- OFFICIAL SEAL
personally known la me or proved In me i I
IWAR N JONES
on the lusts ut satisfactory cvrdenec In lit the person /wluue mune ./ - - �2�__ _ ,e. ,�' NOTARY PUBLIC - CALIFORNIA
' subscribed to the within inauunenl,x1111 aeacknowledged to me That rhe Yeseetilled il. ' '1 SANTA CtARA COUNTY
�c==/"W!/ � 6.. My comm. expires JAN 3, 1992
NOTARY Pul - B99c Grant Rd.. #1, Los Altos CA 94022
ALMNOW I.EOGMEN r-INIII V IOrjAL
WTI routs.NO. 60 1)63 ,
tr' -- l
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 cawed his name to be affixed
the day and year first above written.
CITY OF CUPERTINO:
Approved as to form: i Vt. '- 1' 4
Mayor
� r
City Attorney
4214,4,1,wCity Clerk `
•
DEVEIDPER:
Notary Acknagledgment Required (.�/rf� f. /l/J goe„ . A
*
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,.r ,
1y�r t
ON of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408)252-4505
DEPARTMENT OF THE CITY CLERK INTERIM CITY HALL
10430 S. DeAnza Blvd.
Cupertino. CA 95014
June 24, 1987
Ross Keiser
22430 Palm Avenue
Cupertino, CA 95014
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Ross Keiser, Et Al. which has been
fully executed by City Officials, along with one (1) copy of Resolution
No. 7215 which was enacted by the City Council of the City of Cupertino,
at their regular meeting of Monday, June 15, 1987. This document requires
recordation which takes approximately six to eight weeks and will be on
file in this office after completion.
re-1Y,
DOROTHY CDRNELIUS
CITY CLERK
CITY OF CQPERT NO
DC/so
encl.
cc: Department of Public Works
4t1..1NIEiWWM•CITY HALL fl 9332472
;77..N3U 'S. DeAnza Blvd, °MINA X10 1Th
� NO FEE IN ACCORDANCE MED � ��®��
Cuper:Ino,.CA 9,501^ WITH 6ov CODE 6103 /� Q AT REOlEST OF
L 'y. t K 205PAGE 48 c Sir Tat1-4.4xa
AGREEMENT JImZS 1020 U.
JUN 2 91987 O;FFICI4t R CORDS
PALM AVENUE SAIiTA CLAR,. COUNTY
LAURiE XANE
This •h•va iat made and entered into this 1�=r{pTa�R
of 4P /1 C_ , 1981, by and between the CITY OF CTJPERTINO,
a municipal corporation of the State of California, hereinafter designated •
as CITY, and ROSS KEISER & TERRY KEISER & LOYOLA MEATS, FISH & DELI INC.
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for
to construct and maintain Single Family Dwelling
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
EnginPor 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 guaran1- s as outlined herein to assure compliance with conditions
of development approval; and
Page 1
K2O5PGGE 749
• 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
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: $ 296.00
Two Hundred Ninety Six and no/100 Dollars •
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: 800.00
Eight Hundred and no/100 Dollars
PART L. Maps and/or Improvement Plans: Deferred
Page 2
•
• K 2O5PAGE 750
• 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 Exhibit "A", which is attached hereto and made apart 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
encuanbrances 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 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 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
abed
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•
K20SPAGE 752
B. In lieu of a surety bond, the DEVELOPER may elect to secure this
MOMENT' 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. CHE.0 G1G AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct a penes -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) .
7A. MAP FILING FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREME/T, for office checking of final map and
field checking of street mon ments, 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
•
•
K2O5PAGE 753
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 the adopted Water Master
Plan (PART K, Page 2) . - - - - - --
10. ONE YEAR PCMER 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 INSTALtATTOI 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 2 herein.
Page 6
13. MAINTENANCE OF WORK K 2 O 5 PAGE 754
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 Goverment 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 fwm 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. STRE w 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. PAU.nC GAS. AND ELECTRIC/PACIFIC SELL
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
undergrounling 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
S9. EASEMENTS AND RIGHT-OF-FAY K 2 O 5"PAGE 755
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 aririition
thereto, such sums as may be required for legal fePc and costs,
engineering, and other incidental costs in such reasonable amounts as the
CITL 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 frau 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 bodily injury and property damage insurance
must be on an occurrence haais; 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 emcees 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
•
• K 2O5PAGE 756 •
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGREF€NT.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 l act 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 DEVELOfl 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 mictufilm 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 miurufiim 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 conmleted 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:
All standard street improvements on and along Palm Avenue
Page 9
.
K 205PAEE 757
Until such notification is made by CITY, or such time has elapsed,
Sections nnnbered 2 through 26, except 9
are hereby deferred. The DEVELOPER further, agrees to cooperate, upon
notice by the CITY, with other property owners, the CITY and other
agencies to provide the public
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.
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, 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 CUPERTINO:
, , •
Approved as to form: + ' '► "4a _101111
A .ey -efcl T y:
�,y
„If •
•
•
•
•
•
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jiep r.
4
All signatures require notary acknowledgment. J..1 �c>'
Exhibits A and B Attached / 4i
A
V
(Rev.3-1986) Page 10
GENERAL ACKNOWLEDGMENT
s NO.201
l! .!!- ./!�/!!!!!/l!!!-/./!!l!!-/!!!I!I
State of (Zeit//Cette5.4././�r,,7 On this the day of t(/4/9 19 glbefore me,
SSS.
Countyof //h i(/� N/Oti`r S
Athe undersigned Notary Public,personally appeared ti
0 K205PAGE '758o
o
,ea-es .2) . eFiest
o ,�`� OFFICIAL SEAL personally known to me
4 IVAR N JONESN
ra, 0 proved to me on the basis of satisfactory evidence )
0 s' � NOTARY PUBLIC -CALIFORNIA
1 tits,.
SANTA COMA COUNtt tO be the person(*whose name* /� subscribed to the
tiMy comet expires DEC 23, 1987 within instrument,and acknowledged that T executed it.
WITNESS my hand and .fficial seal. l
1 er de"
O
Q Notary's Signature ti
7110 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura BNd.•P.O.Box 4625•Woodland Hills,CA 91364
(Individual)
•
STATE OF CALIFORNIA`
COUNTY OF.
F TT\ // / �,{/l/il C f/,//1c SS
79 On v�C ` Y'7.rL i // u ,before me,the undersigned,a Notary Public in and for said
State;pers ally appeared '.Yer
ti
-. personally known to me.
- .. stecy-evtdodee), to be _.
Thperson ' { whose name 1bscrihed
to the within instrument and acknowledged that O C� OFFICIAL SEAL
executed the same. d' t 4Arx KATHY HERRERA
NOTARY PUBLIC-CALIFORNIA
?*a PRINCIPAL OFFICE IN.
WITNESS my . d �
a fi 'a s al, SANfA CLARA COUNTY
' My Commission Exp.Sept.7, 1990
Signature `./ ALS/ Led -2 ""."•.•s.'-
LE-76(7182) - - (This area for official noted.'seal
(Corporation)
, STATE OF CALIFORNIA
n L.Q6 f SS.
'COUNTY
gat?
OFL / s. tl.-..c/C.Q G
• On C._ / ( t before me,the/undersigneed,a Notary Public in and for said
State,perappeared -7-26‘)/7/0 I if aridredi/ s ,personally
kynuw.tgme{ Fy-ewidenee)to be the -
Presiden mar
Y
of the corporation that executed the within Instrument,known to
me(. . . :: : --. :• •_ ...'. . . . • •'. )to be the ."......t. • OFFICIAL SEAL
persons who executed the within Instrument on behalf of the cor- KATHY HERRERA
poration therein named, and acknowledged to me that such cor- f ''• NOTARY PUBLIC CALIFORNIA
poration executed the within instrumen uant to its by-laws or • s. PRINCIPA!OFFICE 1N
• a resolution of its boar. of/directors.
SANTA CLARA COUNTY
WIT,pj�� 1r/ / ` .,.,. •• My Commission Exp,Sept 7,1990
r �
Sig,. Illi4i _ �/L - )
LE-78(7182) (This area for official notarial seal)
A
•
EXHIBIT
DESCRIPTION K 2 O 5 PAGE 759
iXi/that certain real property situate in the City of Cupertino, County
of Santa Clara, State of California described as follows:
The southerly 10.00 feet of Section 263 as said Section is shown on that
certain Map entitled, "Map of Inspiration Point Monta Vista", filed
April 11, 1917 in Book "P" of Maps at page 18, Santa Clara County Records.
•
•
K205rA6E 760
//
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or
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BA') P .. can /S--
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•
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EXHIBIT A -2
• EXHIBIT B K 2O5PAGE 761
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, described as follows:
All of Section 263 as said Section is shown 6n that
certain map entitled "Map of Inspiration Point Monta
Vista", filed in Book "P" of Maps, Page 18, Santa Clara
County Records.
V fx NO FEE IN ACCORDANCE
-
WITH 6OV C^DE 57nf nn ry
dNTERIM HALL' V PACE / I 2
10430 S. DegnzaCITY Blvd.
Cupertino, CA 95014
RESOLUTION NO. 7215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF DEFERRED AGREEMENT WITH
ROSS KEISER & TERRY KEISER & LOYOLA MEATS, FISH & DELI INC.
FOR THE IMPROVEMENT OF FRONTAGE ALONG PALM AVENUE
WHEREAS, there has been presented to the City Council an agreement for
the improvement of the street frontage along Palm Avenue by Ross Keiser &
Terry Keiser & Loyola Meats, Fish & Deli; and
WHEREAS, said proposed agreement contaains 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 aforementioned agreement 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 areihereby
authorized to execute the agreement herein referred to in behalf of the City
of Cupertino.
BE IT FURTHER RESOLVED that the City Clerk is hereby 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 15th day of June, 1987 , by the following vote;
Vote Members of the City Council
AYES: Johnson, Gatto, Plungy, Rogers, Sparks
NOES: None
ABSENT: None THIS IS TO CERTIFY.THIKV THE1WITHIN
INSTRUMENT ISA Tkvg41,4D'COJcorn*RECT CO '
OF THE ORIGINAL o(krmat-�41 4-11-0,s OFFICE.
ABSTAIN: None
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/s/ W. Reed Sparks!