87-054 Steven C. Thompson & Norine D. Thompson, Improvement Agreement, Old Cupertino Rd Resolution No. 7330 ARTEAim Miry HALL NO -• E 11 AccORDANC 94 2225
/ 10430 S.:DeAnza Blvd Wpm 60 CODE stow
/ Cupertino. CA 95014 \ AGREEMENT K338PAGE 343
1 OLD CUPERTINO ROAD
• This ACRE NET made and entered into this 12th day
of October , 1987 , by and between the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter designated
as CITY, and STEVEN C. THOMPSON & NORINE D. THOMPSON
hereinafter designated as DEVELOPER.
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 agraen 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 corgltions
_
of development approval; and 9482225 233;-= n3 ~ (2 ID`—
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K 339P4GE 344
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:
• SCBEE LE 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
PART E. Development Maintenance Deposit: Deferred
. K _
PART F. Storm Drainage Fee: - "Deferred a;rtr?a_=
PART G. One Year Power Cost: Deferred
PART H. Street Trees: By Developer
PART I. Map Checking Fee: Deferred
PART J. Park Fee: Deferred
PART K. Water Main Extension Deposit: $800.00
EIGHT HUNDRED AND N0/100 DOLLARS
PART L. Maps and/or Improvement Plans: Deferred
Page 2
• NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
• parties hereto as follows, TO WIT: K 3 3 PAGE 345
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
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 standar-, 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 arrrptance
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 arrrpt 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
ordinanrns 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
•
• K33SPAGE 346
C. It is further agreed that the Work shall be done in accordance
• •
with the most current Standard Specifications of the Department of Public
Works, California Department of Transportation, State of California, and
• in accordance with the specifications of the Cupertino Sanitary District
where applicable.
• Wherever the words "State" or "California Division of Highways" are
mentioned in the State Specifications, it shall be considered as
referring to the CITY of Cupertino; also wherever the "Director" or
"Director of Public Works" is mentioned, it shall be considered as
referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino Sanitary District _shall
take precedence over and be used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the commencement of any excavation in, on,
or under the surface of any existing public street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the proposed
excavation is to commence.
4. QUITCLAIM DEED
- _ It-_is,further:agreed that the DEVELOPER, when requested by_;the_CITT?:_ ... ::- :.17,
shall quitclaim all his rights and interests in, and shall grant- to CITY- - - --
authorization to extract water from the underground strata laying beneath
said project and DEVELOPER agrees to execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature.
5. BONDS AND OTHER SECURITY -
'A. Upon the execution of this AGREEMENT, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and faithful
performance of this AGREEMENT. The penal sum of said faithful performance
bond shall be the full cost of any payment to be made under this
AGREEMENT, the value of any land agreed to be dedicated, and any
improvements to be made under this AGREEMENT. In the event that
improvements are to be made under this AGREEMENT, 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.
Page 4
• i
K 339past 347
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 instnmient of credit meeting
the requirements of Government Code Section 66499 (b) or
(c) •
C. The amount of said cash, checks, certificate of deposit, or
instnmment of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVEIO1-thIL 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 relPace 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. CHECKING AND INSPECTION r•Et.
further agreed that DEVELOPER shall .pay- any_,and-,all necessary-a '
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 twat 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 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) .
Page 5
•
K 339?.GE 348
8. DEVELOPMENT MAINTENANCE DEBIT
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 rrr,
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 DEVELOPLR 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 .thele:adopted,;Water:--Master.-;_-: -
' Plan (PART K,-Page 2) . r- _
10. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior to
execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part G) , which amount represents the power cost for street lights for one
year.
11. THE INSTALLATION OF S1ltr;E2 TREES
It is further agreed that the DEVELOPER shall, at such tine 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
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K 339FM E 351-
• B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGREEMENT by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in
• coverage without giving the City Engineer at least ten (10) days
advance notice thereof.
C. In the event that the Project covered herein should be mutually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision.
22. MAPS AND/OR IMPROVEMENT PLANS
It is further agreed that the DEVELOPER shall furnish CITY with the
following maps and/or plans at his own expense:
A. A mylar sepia and-seven (7) prints of fully executed 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 tinaps -will be .
furnished within one month following recozdation'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 IDEVELOPER 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 AGREE €NT, the following
improvements:
•
Page 9
K 339PASE 352
• Until such notification is made by CITY, or such time has elapsed,
Sections numbered '
are hereby deferred. The DEVELOPER further agrees to cooperate, upon
notice by the CITY, with other property owners, the CITY and other public
agencies to provide the improvements set forth herein under a joint
cooperative plan, including the formation of a local improvement district,
if this method is fpacible 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 i)
the day and year first above written.
-- CITY OF CUPERTINO:
Approved as to form: ,-- 0r. t .n
Mayo " f yIn 7
21
Attorney r
✓ 7 i. \ ,
DEVEL`OPEf`J _7;0
I lest. I itatitair
•
All signatures require notary acknowledgment.
Exhibits A and B Attached
Page 10
(Rev.3-1986)
' STATE OF CALIFORNIA On this 15th day of September in the year 19.$7
ss. before me,
S COUNTY OF Santa Clara Helen K. Yates a Notary Public,State of California,
duly commissioned afid sworn,personally appeared
`i np40f1000G0 „$teven.c.,,Thempson and Norine D. Thompson
eoeoeoe nOtteteteeot
OFFICIAL SEAL personally known to me (or proved to me on the basis of satisfactory evidence) to be
p St. HELEN K. YATES the person.$..whose name S \.-
4ir 5 ' :. ) NOTARY PUBLIC-CALIFORNIA 4 subscribed to this instrument,and acknowledged that. . .the Y. . . executed it.
2 •�+' SANTA CLARA COUNTYIN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
p2 My Commission Expires May 10, 1991 a in the city of Cupertino County of
a eacxl'comc+ocncececa L1LH6'Ua ek rac9GC Santa Clara on the date set forth above
K3 3 9 PAGE 353 in this certificate. /
Ti.documMl n Ort"/a 9ane15 lobs,MM may to paler fa use in simple li nfaCtees and no
an
n.a .or is mmto
intendedad,as a substitute la mama
e errata on an anney. printer Wes ret otary Public,State of California
a make any
warranty.oalae express a impbed as to mof
e legal validly tiny p'vesaa the
a May 10, 1991
ma f Tomeelama N a"apecae tm ti,n.
My commission expires
Cowdery's Form No. 32—Acknowledgement to Notary Public—Individuals—(C.C. Sec. 1189)—(Rev. 11831
The land referred to herein is situated in the State K 339 PGGE 3 5 4
of California , County of Santa Clara , city of CUPERTINO
( and is described as follows )
K 0966 PAGE 31:2
PARCEL ONE :
The Westerly 75 . 12 feet , front and rear measurements of
Section 7 , as shown on that certain was
n Map entled , "Map
aprof
Inspiration Point Monta Vista" , which Map • -43
record in the office of the Recorderof
the County of^San a
S
Clara , State of California on April11 , O
00
.0 dO
of Maps , at page (s ) 18 . m a y
PARCEL TWO: 9 � 9?'
East 25 feet of Let 7 , as shown on that certain Map entitled , --
"M.ap of Inspiration Point , Monte Vista" , which Map was filed O 0 a�
of 7
for record in the office of the Recorder
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K 339PAGE 355
RESOLUTION NO. 7330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPE TINO
AUTHORIZING EXECUTION OF DEFERRED AGREEKRIT WITH
STEVEN C. THOMPSON AND NORINE D. THSON FOR THE
IMPROVEMENT OF FRONTAGE ALONG C[JPERTINO ROAD
WHEREAS, there has been presented to the City Council an agreement for
the improvement of street frontage along Cupertino Road by Steven C.
Thompson and Norine D. Thompson; and
WHEREAS, said proposed agreement contains provisions for the
construction of streets, curbs, gutters, sidewalks and for other
improvements within a period of five (5) years and six (6) months from the
date of execution of said agreement; and said agreement having been
approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the 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 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 hereby authorized to
file said agreement with the Santa Clara County Recorder.
PASSED AND ADOr1L1) at a regular meeting of the City Council of the
City of Cupertino this 12th day of October ,1987 by the
following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None •
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ W. Reed Spdrks„ '
City Clerk mayor, (+1 ao,T/TH E
City
TH15 RJ TU"E C9 �NITHIN
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