87-047 Michael Picette, De Foe and Bollinger Rd 'AO
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Cites of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
November 16, 1987
AGREEMENT - DE FOE AND BOLLINGER ROAD
Michael E. Picetti
21367 Meteor Drive
Cupertino, CA 95014
Dear Mr. Piccetti:
We are enclosing to you for your files one (1) copy of the Agreement
by and between the City of Cupertino and Michael E. Picetti, along
with one (1) copy of Resolution No. 7352, which was enacted by the
City Council of the City of Cupertino, at their regular meeting of
Monday, November 2, 1987.
Sincerely,
-tet ,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
d4
RESOLUTION NO. 7352
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF BOLLINGER AND DE FOE DRIVE;
DEVELOPER, MICHAEL E. PICETTI
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING
SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS
WHEREAS, there has been presented to the City Council for approval
of the parcel map and improvement plans of property located at the southwest
corner of Bollinger Road and De Foe Drive by Michael E. Picetti; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, and for
other improvements, and good and sufficient bonds (letter of credit), fees,
and deposits as set forth in Exhibit "A" having been presented for the faithful
performance of said work and the carrying out of said agreement; and said map,
agreement, and bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said parcel map and improvement plans herein referred to are
hereby approved.
b. The offer of dedication for street areas and 911 easements is
hereby accepted.
c. The City Engineer is hereby authorized to sign said improvement
plans.
d. The City Engineer and the City Clerk are hereby authorized to
sign said parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized to execute
the agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino on the 2nd day of November . 1987 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 7352
EXHIBIT "A" ;4
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: RESIDENTIAL
MICHAEL E. PICETTI
LOCATION: SOUTHWEST CORNER OF BOLLINGER ROAD AND DE FOE DRIVE
A. Faithful Performance Bond: $22,000.00
TWENTY TWO THOUSAND AND N0/100 DOLLARS
B. Labor and Material Bond: $22,000.00
TWENTY TWO THOUSAND AND NO/100 DOLLARS
C. Checking and Inspection Fee: $ 1,320.00
ONE THOUSAND THREE HUNDRED TWENTY AND NO/100 DOLLARS
D. Indirect City Expenses: $ 198.00
ONE HUNDRED NINETY EIGHT AND NO/100 DOLLARS
E. Development Maintenance Deposit: $ 1,000.00
ONE THOUSAND AND NO/100 DOLLARS
F. Storm Drainage Fee: $ 808.00
EIGHT HUNDRED EIGHT AND NO/100 DOLLARS
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: $ 210.00
TWO HUNDRED TEN AND NO/100 DOLLARS
J. Park Fee: $18,360.00
EIGHTEEN THOUSAND THREE HUNDRED SIXTY AND NO/100 DOLLARS
K. Water Main Extension Deposit: N/A
L. Maps and/or Improvement Plans: N/A
w
RESOLUTION NO. 7352
ATTEST:
APPROVED:
is/ Dorothy Cornelius /s/ W. Reed Sparks
City Clerk Mayor, City of Cupertino
•
• .
AGREEMENT
DEFOE DRIVE & BOLLINGER ROAD
This AaEMENT made and entered into this 2nd day
of Novdmber , 19 87 , by and between the CITY OF
CUPERTINO, a municipal cotpuration of the State of California, hereinafter
designated as CITY, and MICHAEL E. PICETTI
hereinafter designatpd as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
PARCEL MAP
to construct and maintain a SINGLE FAMILY DWELLING
hereinafter referred to as "Project."
WiEPEAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by EDWARD J. BAHAMIAN
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, TEEREFORE, said improvement plans and specifications shall be
hereinafter rnlled the "Plans," and the work to be done under the Plans
shall be called the "Work."
1
•
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby
established the amounts of Bonds, FRPS, and Deposits as set forth in the
following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: $22,000.00
TWENTY TWO THOUSAND AND NO/100 DOLLARS
PART B. Labor and Material Bond: $22,000.00
TWENTY TWO THOUSAND AND NO/100 DOLLARS
PARS C. Checking and Inspection Fee: $ 1,320.00
ONE THOUSAND THREE HUNDRED TWENTY AND NO/100 DOLLARS
PART D. Indirect City EXpenses: $ 198.00
ONE HUNDRED NINETY EIGHT AND NO/100 DOLLARS
PART E. Development Maintenance Deposit: $ 1,000.00
ONE THOUSAND AND NO/100 DOLLARS
PART F. Storm Drainage Fee: $ 808.00
EIGHT HUNDRED EIGHT AND NO/100 DOLLARS
PART G. One Year Power Cost: N/A
PART H. Street Trees: By Developer
PART I. Map Checking Fee: $ 210.00
TWO HUNDRED TEN AND NO/100 DOLLARS
PART J. Park Fee: $18,360.00
EIGHTEEN THOUSAND THREE HUNDRED SIXTY AND NO/100 DOLLARS
PART K. Water Main Extension Deposit: N/A
PART L. Maps and/or Improvement Plans: ' N/A .
•2 •
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 a part hereof by reference.
Said dedicated property shall be free and clear of all liens or
enciunbrances 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 arrepts 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 instance
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 shwa said property free and clear of all liens or
encirnbranrr except those as the CITY shall expressly waive in
writing; said policy shall be furnished at the time of arreptance
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 ATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within one (1)
year fium 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 QTY, at its sole option, shall be
authorized to complete the Work in whatever manner the QTY 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.
3
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•
•
B. In lieu of a surety'bond, the DEVELOPER may elect to secure this
AGREEMENT by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of Cupertino; or,
3. A certificate of deposit, or instrument of credit meeting
the requirements of Government Code Section 66499 (b) or
(c) .-
C. The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Enginrrr, 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- occurity deposited with the
CITY.
6. CHECKING CKING AND INSPECTION t'Et.
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 Bunt 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) .
8. MAP CHECKING 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 I) .
5
9. DEVELDPMENT 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 cut 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 DEVELDrrlt complete the required repairs to
the entire satisfaction of the CITY, the unused halance will be returned
after the release of the improvement bonds.
10. stuRM DRAINAGE rth
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) .
11. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until said
monies are needed to implement improvements outlined by the Director of
Public Works or improvements outlined within the adopted Water Master
Plan.
The amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR POWER NST
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.
13. THE INST4LATrON 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
Tian the City approved list.
14. PARK FEES
It is further agreed that the DEVELOPER shall pay such fPas 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.
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15. MAINTENANCE OF WORK •
It is further agreed that the DEVELOPER shall maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans and the
City standards and specifications for the Work. The DEVELOPER shall, upon
written notice thereof, immediately repair or replace, without cost or
obligation to the City of Cupertino, and to the entire satisfaction of
said QTY, all defects and imperfections arising out of or due to faulty
workmanship acid/or materials appearing in said Work.
16. SANITARY DISTRICT
It is further agreed that the DEVELOPhR 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 15 above has been filed.
17. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREE ENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assessments or bonds, have boon complied with.
18. CENTRAL FIRE DISTRICT •
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this AGREEMENT, a letter from the C anl..Lod Fire Protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an ACREEMENT 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. PACLKLC GAS AND ELECTRIC/PACIFIC BELL
it is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PAur'SC BELL Company any and all feas required
for installation of overhead and/or underground, wiring circuits to all
electroliers within said property and any and all fees required for -
undergrounring 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 PAcinC BELL Company that said fees are due and payable.
•
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20. EASEMENTS AND RIGAT-OF-TAY •
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.
21. HOLD HAP ESS
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 cut 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 couLractors.
22. INSURANCE
It is further agreed that: The DEVELOPED( shall take out, or shall
require any contractor engaged to perform the Work to take cut, and
maintain at all times during the performance and maintenance of the Work
called for or required to be done hereunder, a policy of insurance naming
the CITY and members of the City Council of the City of Cupertino,
individually and collectively, and the officers, agents and employees of
the City individually and collectively, as 'insured. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing
named CITY and individuals covering all the Work performed by, for, or on
behalf of said DEVELOPER. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide
that the coverage afforded thereby shall be primary coverage to the full
limit of liability Stated in the declarations, and if the city, its
members of the City Council individually and collectively, and the
officers, agents, and employees of the CITY, individually and
collectively, have other insurance against the loss covered by said policy
or policies, that other insurance shall be excess insurance only.
•
8
A. Each of said policies of insurance 'shall provide coverage in the
following minimum amounts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGREEMENT by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least ten (10) days
advance notice thereof.
C. In the event that the Project covered herein should be mutually
situated in or affect the area of jurieniction 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 CI'T'Y shall equally apply to
municipality and political subdivision.
23. NAPS AND/0R IMPROVEMENT PLANS
It is further agreed that the CITY shall obtain the following map
and/or plans at the DEVELOPER'S expense:
A. A mylar sepia and seven (7) prints of fully executed parcel map.
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 map.
The DEVELOPER agrees to pay the CITY from the development maintenance
deposit the cost for all-prints of plans and map required under Item 23.
- 24. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
surrpcsor, aesignee and transferrees of the DEVELOPER. The assignment of
this AGRE:KEW shall not be made without approval by the. City Council of
the City of Cupertino.
9
GENERAL ACKNOWLEDGMENT
State of California On this the 23rd day of October 19_82 before me,
County of Santa1.1 Clara } SS Linda J. Bentson
the undersigned Notary Public, personally appeared
Michael E. Picetti ,
ricr9G,OttONDcacococncocnc:ewxsco a
OFFICIAL SEAL
0 personally known to me
eLINDA J. BENISON 2lI proved to me on the basis of satisfactory evidence
NOTARY PUBLIC-:ALIFORNIA to be the person(s)whose name(s) is subscribed to the
SANTA CLARA COUNTY 2 within instrument,and acknowledged that he executed it.
My Commission Expires May 21, 1988 WITNESS myd,-nd and official seal.
COtaotxscxsMococ ocxsccscocxstncococ oc
1 • ary's Signature /
E-47
y
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IN WITNESS. WHEREOF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Council and said DEVELOPi.R has hereunto caused his name to be affixed
the day and year first above written.
CITY OF CJPERTINO:
Approved as to form: /..1!G•
! .►_:_ti 1
Mao` ••�
•
Y
271 (10
Olgy
City ;^ . ? ey iA*
City Clerk /
DEVELOPER:
V
•
Notary Acknowledgment Required
a
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10
(Rev. 5/9/86)
•
' •
Certificate of Insurance
TJ-IIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
• THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND ADDRESS OF AGENCY
COMPANIES AFFORDING COVERAGES
• COSTELLO CLIFFORD & URUDEN COMPANY
390 ASHTON LETTER
, i OHIO CASUALTY INS CO
SAN FRANCISCO CA 94112 COMPANY B
LETTER
NAME AND ADDRESS OF INSURED
COMPANY C
LETTER
MICHAEL FICETTI COMPANY
2136 / METEOR DR LETTER TRANSAMERICA INS CO
CUPERTINO CA 95014 COMPANY C
LETTER C
This Is to certify that policies of Insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any
requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the Insurance afforded
by the policies described herein is subject to all the terms,exclusions and conditions of Such policies.
COMPANY POLICY POLICY Limits of Liability in Thousands (000)
LETTER TYPE OF INSURANCE. POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE EACH
OCCURRENCE AGGREGATE
A GENERAL LIABILITY BLW2088U4 4/01/88 BODILY INJURY
p COMPREHENSIVE FORM inception date 4/01/87
PREMISESIOPERATIONS PROPERTY DAMAGE
— EXPLOSION AND COLLAPSE
HAZARD
UNDERGROUND HAZARD
'y PRODUCTS/COMPLETED
OPERATIONS
BODILY INJURY AND
A CONTRACTUAL PROPERTY DAMAGE 500 500
BROAD FORM PROPERTY COMBINED
A DAMAGE
jINDEPENDENT CONTRACTORS
Y PERSONAL INJURY PERSONAL INJURY
AUTOMOBILE LIABILITY BDOJwINJJR(
IPER PERSON!
COMPREHENSIVE FORM BODILY INJURY
IPER ACCIDENT!
OWNED AUTOS
HIRED AUTOS PROPERTY DAMAGE
NON-OWNED AUTOS BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
EXCESS LIABILITY
UMBRELLA FORM BODILY INJURY AND
_ PROPERTY DAMAGE
OTHER THAN UMBRELLA COMBINED
FORM
D WORKER'S COMPENSATION WC8O15 /266 3/23/88 STATUTORY
and Inception date 3/23/87 1 _
EMPLOYERS LIABILITY 1 , 000 IEATHACCIOENTI
OTHER
DESCRIPTION OF OPERATIONSILOCATIDNSIVEHICLES/SPECIAL ITEMS
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company
will endeavor to mail 10 days written notice to the below named certificate holder, but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.
NAME AND ADDRESS OF CERTIFICATE HOLDER f'
ISSUE DATE OCt 2 ,�
CITY OF INO �/ /
10430 SOUTH DEANZA BLVD ir
r
CUPERTINU CA 96014
AUTHORIZED REPRESENTATIVE
JOHN P. CRUDEN III
18414) 25