88-010 Dar-En Shu, Improvement Agreement, Resolution No. 7463 AGREEMENT
• CLARKSTON AVENUE
This AGREE:KENT made and entered into this 24th day
of March - , 19 88 , by and between the CITY OF
cUPERT NO, a municipal corporation of the State of California, hereinafter
designated as CITY, arra Dar-En Shu
hereinafter designated as DEVELOPER.
W I T N E S S E T H
WHEREAS, the DEVELOPER has made application,to the CITY for a
PARCEL MAP AND A BUILDING PERMIT
to construct arra maintain a SINGLE FAMILY DWELLINGS
hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans arra specifications
prepared for the Project by BAY AREA CONSULTANTS
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."
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WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHEDULE OF BONUS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: $ 3,640.00
THREE THOUSAND SIX HUNDRED FORTY AND NO/100 DOLLARS
PART B. Labor and Material Bond: $ 3,640.00
THREE THOUSAND SIX HUNDRED FORTY AND NO/100 DOLLARS
PART C. (necking and Inspection Fee: $ 182.00
ONE HUNDRED EIGHTY TWO AND NO/100 DOLLARS
PART D. Indirect City EXpenses: $ 27.00
TWENTY SEVEN AND NO/100 DOLLARS
PARS E. Development Maintenance Deposit: :. _ _._ $ 1,000.00
ONE THOUSAND AND NO/100 DOLLARS
PART F. Storm Drainage Fee: $ 942.00
NINE HUNDRED FORTY TWO 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: $17,829.00
SEVENTEEN THOUSAND EIGHT HUNDRED TWENTY NINE AND NO/100 DOLLARS
PART K. Water Main Emersion Deposit: N/A
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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 coamnence.
4. QUITCLAIM DEED
It is further agreed that the DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to CITY
authorization to extract water from the underground strata lying beneath
said project and DEVELOPER agrees to execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature.
• 5. BONES 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 AWEEMERE. 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 AGREETENT, 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.
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B. In lieu of a surety bond, the DEVELOPER nay 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
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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 lard, or any
improvements herein required, the CITY may apply the proceeds of said
security thereto.
D. No release of surety bowl, 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
an.
6. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking, etc., incurred by CITY in
connection with said Project, and that DEVELOPER shall have deposited with
CITY, prior to execution of this AGREEMENT, the amount as set forth herein
at Page 2 (Part C) . Should construction cost vary materially from the
estimate from which said sum is calculated, the City Engineer shall notify
DEVELOPER of any arlriitional semi due arra 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 laments, in compliance with Section 4:1 of
Ordinance No. 47 (Revised 12/04/61) of CLII, the amount as set forth
herein at Page 2 (Part I) .
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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 woranship and/or materials
appearing in said- work during the period until release of the improvement
bonds by the CPPV. Should the DEVELOPER complete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the relo sn 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 AGREEf1ET, 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 ECPENSION 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 I VM 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 INSTALL TION OF S.±thha 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
fnzm 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 Ord;nanc e" Nimnber 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
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12-A. PARK FEE ADJUSTMENT PROVISIONS
The value of the land used in establishing 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" based 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 improvements.
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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 stares 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.
16. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, a letter from the C rtino 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. GOVERMENT CODE
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It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assessments or bowls, have been 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 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.
19. PACIFIC GAS AND ELZCTC/PACIFIC BELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PACIFIC BELL Company 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
urdprgrcuiding 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.
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20. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and riot-of-way necessary for
completion of the Project shall be acquired by the DEVEIDPER at his awn
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CI'T'Y 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 lie included in said sum shall be a reasonable allowance for
severance damages, if any. It is further provided that in aMition
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 DESS
It is further agreed that, commencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the completion of
the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless
and defend the CITY from and against -any or all loss, cost, expense,
damage or liability, or claim thereof, occasioned by or in any way
whatsoever arising out of the performance or =performance of the Work or
the negligence or willful misconduct of the_DEVELOPER or the DEVELOPER'S
agents, employees and tmlep idWnt 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 and members of the City Council of the City of Cupertino,
individually arra collectively, and the officers, agents and employees of
the City indivifina»y and collectively, as insured. Said separate policy
shall provide h airy 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.
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GENERAL ACKNOWLEDGMENT
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, State of California On this the 24th day of Man-h 19 RR ,before me,
li SS.
Cdunty of Sang Clara Linda J. Bentson ,
the undersigned Notary Public, personally appeared
Dar—En Shu
vasecoc000cococcecaccococbcommt
,, �. OFFICIAL SEAL 2 ❑ personally khouun to me
�� NOTARY PUBLLINDA l ICBENTSON-'ALIFORN2r IA proved tb ine on the basis of satisfactory evidence
" 2
SANTA CLARA COUNTY E to be the persbn(s)whose name(s) is subscribed to the
2 My Commission Expires May 21, 1988 E within instrument,and acknowledged that he executed it.
mpcoccscvs6mitecebramJCLsbe aceccecocai WITNESS my hand : d official seal.
iota. ' SighatuFe '
(98/6/5 'nag)
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