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88-002 St. Andrew Armenian Church, Improvement Agreement, Resolution No. 7395 AGREEMENT STELLING ROAD This AGREEMENT made and entered into this 4th day of January , 19 88 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and ST. ANDREW ARMENIAN CHURCH hereinafter designated as DEVELOPER. W I T N E S S E T H WHEREAS, the DEVELOPEtt has made application to the CITY for a BUILDING PERMIT to construct and maintain a QUASI PUBLIC BUILDING • hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by CREEGAN & D'ANGELO 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." 1 SEAS, 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: Category I (980-206.42) PART A. Faithful Performance Bond: $11,000.00 ELEVEN THOUSAND AND NO/100 DOLLARS PART B. labor and Material Bond: $11,000.00 ELEVEN THOUSAND AND NO/100 DOLLARS PART C. Checking and Inspection Fee: $ 660.00 SIX HUNDRED SIXTY AND NO/100 DOLLARS PART D. Indirect City Expenses: $ 100.00 ONE HUNDRED AND N0/100 DOLLARS PART E. Development Maintenance Deposit: -. _ .-.N/A PART F. Storm Drainage Fee: $ 1,096.00 ONE THOUSAND NINETY SIX AND NO/100 DOLLARS PART G. One Year Power Cost: N/A 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: 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 •parb ;hereof-by reference.' . Said dedicated property shall be free 'and—clear of-`all liens or - - encumbranrns 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- insurance - company relating to the property offered for dedication. (2) A standard policy of title -insurance issued by a title insurance co pany 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 :AGRE YENT, the-CITY . . agrees to arrept 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 AGREEriENT,-"br'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- Engi.neer ,shall final as to whether any material or workmanship meets the standards, - specifications, plans, sizes, lines and grades as set forth. 3 • • • 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 requester; 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 and DEVELOPER agrees to--execute-fa;_:"Quitclaim Deed and --- - Authorization" in favor of CITY, when presented to-hiiu:for signature. -. , 5. PONDS 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 agreedto 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 stun 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. 4 • 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 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 releaee 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 INSPECr.LON 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 yary 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) . 8. MAP CHECKING 1'E It is further agreed that the DEVELOPED: 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. DEVELOPMENT MAINPEMNCE 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. 10. STORM DRAINAGE rEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGRE VENT, 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 adeptcici Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount _ due. 12. 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. 13. THE INSTALLATION OF STREET TREES - It is further agreed that the DEVELOPER shall, at such time as deemed appLupriate by the City Engin°r, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected fium 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 _ . 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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 Enginaor 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 lei t 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. 23. MAPS AND/OR IMPROVEMENT PIANS 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 executedrovement plans and map. The DEVELOPER agrees to pay the CITY fruu 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, sucrnssor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. 9 • 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 CUPERT NO: Approved as to form: %% ^ ' %0i/! •r City Attorney �.. �. City Clerk , DEVELOPER: acam f 6 / _ Notary Acknowledgment Required red Exhibit A Attached • 10 (Rev. 5/9/86) RE: AGREEMENT — STELLING ROAD WITH THE CITY OF CUPERTINO: EXHIBIT"A" I, THE UNDERSIGNED NOTARY, HEREBY CERTIFIES THAT MICHAEL • KUZIRIAN IS THE BUILDING COMMITTEE CHAIRMAN FOR THE ST. ANDREW ARMENIAN CHURCH IN CUPERTINO , AND THAT HE IS AUTHORIZED TO REPRESENT THE CHURCH ON THIS ISSUE AND THAT HE IS THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME. State of California On this the 18tliday of December 19 87, before me, County of .Santa Clara SS. Mable K ap j i an the undersigned Notary Public, personally appeared MABLEKAPJIAN Michael Kuzirian " 'y: NOTARY PUBLIC-CALIFORNIA personally.known to me � ' "'i"p.•^a SANTA CLARA COUNTY 0 provided to me on the basis of satisfactory evidence •_;_ ye - to be the person(s)whose name(s) I s subscribed to the My Commission Expires lune 17. 1991 within instrument, and acknowledged that ha executed it. _ WITNESS my hand and official seal. / / • Notary's Signature: • Mahle Kapjia /