88-066 AVMAC Development, Inc., Improvement Agreement McClellen Rd'.
AMENDED
AGREEMENT
McCLELLAN ROAD
/~ '!his 1I.GREEMENT :made am. entere:i into this ---E:.~=-______ _ day
Of ______ ~~~~~~---------{/ , 19f+-, by am. between the CITY OF
CUP.ERI'INO, a municipal corporation of the state of california, hereinafter
designated as CITY, am. AVMAC DEVELOPMENT, INC.
hereinafter designated as DEVEIOPER.
WITNESSETH
WHEREAS, the DEVEIOPER has :made application to the CITY for a
PARCEL MAP AND BUILDING PERMIT
to oonstruct am. maintain 4 SINGLE FAMILY DWELLINGS
hereinafter refer:red to as "Project."
WHEREAS, CITY hereby approves the improvement plans am. specifications
prepared for the Project by CIVIL ENGINEERING ASSOCIATES
a true copy of which improvement plans am. specifications are on file in
the office of the City Engineer of CUpertino; am.
WHEREAS, the sallla are incorporated herein by reference, the sallla as
though set out in full;
NeW, 'IHEREFORE, said improvement: plans am. specifications shall be
hereinafter called the "Plans," am. the 'WOrk to be done urrler the Plans
shall be called the ''Work. II
1
'.
WHEREAS, pursuant to the provisions of this ~ I the CTl'Y herel:ly
establishe::l the an-amts of Bonds, Fees, ani Deposits as set forth in the
followirq schedule:
SCHElXl!E OF OONDS, FEES AND DEI03rI'S
street Improvement categoxy:
PARI' A. Faithful Performance Bon:i:
TWO HUNDRED FORTY THOUSAND AND 00/100 DOLLARS
PARI' B. Labor ani Material Bon:i:
TWO HUNDRED FORTY THOUSAND AND 00/100 DOLLARS
PARI' C. C11ecking ani Inspection Fee:
TWELVE THOUSAND AND 00/100 DOLLARS
PARI' D. Inii:rect city Expenses:
ONE THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS
PARI' E. DevelOJ.Jl1El.t Maintenance Deposit:
ONE THOUSAND AND 00/100 DOLLARS
PARI' F. storm Drainage Fee:
ONE THOUSAND ONE HUNDRED SEVENTY ONE AND 32/100 DOLLARS
PARI' G. one Year l?cMer Cost:
THIRTY SIX AND 00/100 DOLLARS
PARI' H. street Trees: By Developer
$240,000.00
$240,000.00
$ 12,000.00
$ 1,800.00
$ 1,000.00
$ 1,171.32
36.00
. .
PARI' I. Map C11ecking Fee: 200.00 PAID
TI~O HUNDRED AND 00/100 DOLLARS
PARI' J. Park Fee: Zone: 1
TWENTY NINE THOUSAND TWO HUNDRED SEVENTY TWO AND
32/100 DOLLARS
PARI' K. Water Main Extension Deposit:
.$ 29,272.32
$ 3,364.00
THREE THOUSAND THREE HUNDRED SIXTY FOUR AND 00/100 DOLLARS
PARI' L. Maps and/or Improvement Plans:
PART M. Landscaping Maintenance Bond:
TWENTY ONE THOUSAND FOUR HUNDRED SEVENTY TWO
AND 00/100 DOLLARS
2
$21,472.00
NCW, 'lllERE1'00E, IT IS HEREBY' Mr.1ItJA'LLY 1IGREED by an:!. between the
parties hereto as follows, 'IO WIT:
1. DEDICATION
A. The DEVELOPER offers to dedicate the real property sh.cMn on
Eldl.i.'bit "A", 'Which is attached hereto an:!. made a part hereof by reference.
Said dedicated property shall be free an:!. clear of all liens or
encumbrances except those 'Which the cr:I"i shall waive in writirq. The
DEVELOPER agrees not to revoke said offer of dedication, an:!. to keep said
offer open until the cr:I"i accepts offer by resolution.
. B. Upon execution of this .l\GRm!ENl' the DEVELOPER agrees to
deliver a properly executed grant deed to the cr:I"i of the real pl:operty
described in Exhibit "A", and such other executed conveyances, or
inst:ruments necessa:ty to convey clear title as herein ... x::equired. The
DEVELOPER shall provide, at the DEVELOPER'S sole cost an:!.-exp6nse, to the
City:
(1) A prelimina:ty title report issued by a title insurance
c::cn-pany' relatirq to the property offered for dedication.
(2) A stan:md policy of title .insurance issued ,.by a title
insurance c::cn-pany' an:!. insuriT:g the cr:I"i in the sum of: N/A, an:!.
'Which shall show said property free an:!. clear of all liens or
encuml::l:rance except those as the ClT'l shall expressly waive in '.
writin;r; said policy shall be furnished at the tilre of acceptance
of dedication an:!. rec."O:t:tlation of deed.
C. Upon the condition precedent that the DEVELOPER shall
perform each an:!. every covenant an:!. candition of this .l\GRm!ENl', the cr:I"i
agrees to acx::ept said real property offered for dedication.
2. INST1!.UATION OF mRK -..
It is further agreed thet:
A. The DEVELOPER shall install an:!. complete the WOrk within one (1)
year from the date of execution of this ~, or such lon;er period
as may be specifically authorized in writirq by the City Engineer. In the
event the DEVELOPER fails or refuses to complete the WOrk within the
speoified period of time, the cr:I"i, at its sole option, shall be
authorized to complete the work in \\Ihatever manner the cr:I"i shall decide.
In the event the cr:I"i completes the . WOrk, the cr:I"i may recover any ani all
costs incurred thereby from the DEVELOPER or the DEIIELOPER I S surety or
~. '
B. The DEVELOPER shall install an:!. complete the work in a good an:!.
workmanlike manner in ac:xx>rdan::e with the plans as apprcved by the City
Engineer of c:upert:iJyJ. 'lbe work shall be done in accoJ:dance with existin.;r
ordinan:::es an:!. resolutions of the cr:I"i an:!. in accordan:e with all plans,
specifications, stan:lards, siZes, lines, an:!. grades apprcved by the City
Engineer. 'lbe work shall be done in ac:xx>rdan::e with all State an:!. County
statutes applicable hereto. '!he decision of the City Engineer shall be
final as to whether any material or workmanship JlWi!ets the stan::lards,
specifications, plans, sizes, lines an:!. grades as set forth.
3
C. It is further agreed that the Work shall be done in accol:dance
with the lI'C6t =rent stan:l.al:d Specifications of the Department of Public
Works, california Deparbrer!t of Transportation, state of california, an:!
in accordance with the specifications of the 0Jpertin0 Sanitary District
where applicable.
Wherever the words "state" or "california Division of Highways" are
mentioned in the state Specifications, it shall be considered as
referr.in:f to the CJ!I":{ of CUpertino; also wherever the "Director" or
"Director of Public Works" is mentioned, it shall be considered as
referr.in:f to the city En;j'ineer.
In case of conflict between the state Specifications an:! the
specifications of the CJ!I":{ an:vor the CUpert.in:> sanitary District, the
specifications of the CJ!I":{ an:vor the CUpert.in:> sanitary District shall
take precedence 0'Ier an:! be usa1 in lieu of such conflict.in:f ,portions.
3. EXCAVATION PmIIT
It is further agreed that the DE.VEI:DPER shall canply with section
'lhree of Ort:linarce No. 130 of the CJ!I":{ by ol::Jtaini.rq an el<CaVation pem..it
from the City En;j'ineer before the CCI!IIIllellCel of a:trJ excavation in, on,
or un:l.er the surface of a:trJ exist.in:f p.lbJ.ic street, lane, alley, sidewalk,
or other public place. It is further agreed that the DE.VEI:DPER shall
notify the City En;j'1neer of the exact date an:! time when the proposed
excavation is to cammence. '.
4. ~DEED
It is further agreed that the DE.VEI:DPER, when requested by the CJ!I":{,
shall quitclaim all his rights an:! interests in, an:! shall grant to CJ!I":{
authorization to extract water from the un:l.el.'grc1.. strata ly.in:f beneath
said project an:! DE.VEI:DPER agrees to execute a "()litclaim Deed an:!
AUt::horizat1on" in favor of CJ!I":{, when presentecl. to him for signature.
S. OONI:S lIND 0lHER SECtIRI'lY
A. Upon the execution of this ~, the DE.VEI:D:I?ER shall file
with the CJ!I":{ a faithful performance bor¥i to assure his fUll an:! faithful
performance of this ~. '!he penal SUIU of said faithful performance
bond shall be the fUll oost of a:trJ payment to be nade un:l.er this
AGREEMENT, the value of a:trJ lan:l agreed to be dedicated, an:! a:trJ
improvements to be made under' this AGREEMENl'. In the event that
improvements are to be made un:l.er this ~, the DE.VEI:D:I?ER shall, in
addition to said faithful performance, file with the CJ!I":{ a labor an:!
mterials boOO. in a penal sum adequate to assure fUll payment of all labor
an:! mterials requiIed to construct said inprovements. '!he aJlDJllt of said
boOO.s shall be as designated by the city En;j'ineer. said boOO.s shall be
executed by a surety canpa:trJ authorized. to transact a surety business in
the state of california an:! 1lD.ISt be approved. by the City Attorney as to
fonu an:! by the city En;j'ineer as to sufficiency. In the event that the
DE.VEI:DPER shall fail faithfully to perfonu the covenants an:! conditions of
this ~, or to make a:trJ payment, or any ded.1cation of lan:!, or a:trJ
improvements herein requiIed, the CJ!I":{ shall call on the surety to perfonu
this ~ or otherwise in:lemnify the CJ!I":{ for the DE'IlEIDPER I S failure
to so do.
"
B. In lieu ofa' surety l::ioD:i, the OEV'EIDPER may elect:. to secure this
lIGREEMENT 'l::tf depositi:rq with the CI'lY:
1. cash; or,
2. A cashier's check, or a certified. check payable to
the order of the City of 0Jpert:.:ln0; or,
3. A certificate. of deposit, or inst::rI.lment of credit meetirq
the requirements of GoVernment COde Section 66499 (b) or
(e).
C. 'lbe axro.mt of said cash, chec:ks, certificate. of deposit, or
instrument of credit shall be as designated. 'l::tf the City EN:l'ineer, and
shall be the equivalent to that whic:h. wwld have been required had the
DEIlELDPER furnished the CI'lY with a surety l::ioD:i. In the event that the
OEVEIDPER shall fail faithfully to perfom the covenants, and cor:ditions of
this lIGREEMENT, or to make B1rf ~, or B1rf dedication:' of land, or B1rf
ilrq:lrcvenvmts herein required, the cr!J!'i may aR;lly the pmceeds of said
security thereto.
D. No release of surety borrl, cash derxsit, check, or certificate of
deposit, shall be made except upon a:wroval of the City ~.
E. No interest shall be paid on B1rf security deposited. with the
CI'lY.
6. amcKING .AND ~ON FEB
It is fW:ther agreed that OEVEIDPER shall pay B1rf and all necessa:ty
direct expenses for inspection, checkin;r, etc. , inoJrred :by CI'lY in
comection with said Project:., 'and that OEVEIDPER shall have derxsit;ed with
cr!J!'i, prior to execution of this lIGREEMENT, the axro.mt as set forth herein
at Page 2 (Part C). Shoo:ld ~on CXlSt vax;y materi¥ly fl::cm the
estimate. fl::cm whic:h. said sum is calculated, the City ~. shall notify
DEIlELDPER of B1rf arlditional. sum due and cwinq as a result thereof.
7. lNDIREX::l' EXPmSES
It is fW:ther agreed that OEV'EIDPER shall pay to cr!J!'i, prior to
execution of this lIGREEMENT, inili:ect expense allocable to pJ:XlCeSSirq
these ~, the aJOOUnt as set forth herein at Page 2 (Part DJ.
a. MAP amcKING FEB
It is fW:ther agreed that the OEV'EIDPER shall derxsit with cr!J!'i, prior
to execution of this lIGREEMENT, for office checkin;r of final map and
field checkin;r of street l'l'Ol'lUIIleIl, in CXIIlpliance with Section 4:1 of
Ordinance No. 47 (Revised 12/04/61) of cr!J!'i, the anrAll'lt as set forth
herein at Page 2 (Part I) •
9. DEVELOmENl' MAIN!'ENANCE DEJ.:USl'I'
It is further agreecl that the .DE.VEI.OPER shall pay to the CI'lY, prior
to execution cif this 1IGREDIENl', the al!alllt set forth herein at Page 2
(Pc!rt E) as a develop:rent :ma..:i.ntenan= deposit to :insure proper dust
control ani clea.rrl.n;r duri.n; the construction period. '!he development
maintenance deposit may be utilized for repairs of defects ani
ilvperfections arisi.n; CJUt of or due to faulty wrJananship an:J,Ior materials
appeari.n; in said wrk duri.n; the period until :release of the improvement
bonds by the CI'lY. Sl:ll:Iuld the DEVELOPER complete. the required repairs to
the entire satisfaction of the CI'lY, the unused balaric:e will be returned
after the :release of the improvement bonds.
10. S'II:'>lM IlRAIN2\I;2E FEE
It is :further agreecl that the DE.VEI.OPER shall dep:lsit with the CI'lY,
prior to execution of this AGREEMEN'l', a stoJ::m drainage charge in
connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the am:xmt as set forth
herein at Page 2 (Pc!rt F) •
ll. WATER Ml\IN EXTmlSION DEJ.:USl'I'
'!he DEVELOPER :fUrther agrees to deposit with the CI'lY those m:m.ies
required to cOlllPly with "Policy on Water Main Extensions Wol:k ani
reposits" dated 9/30/77. '!he deposit shall be held by the CI'lY until said '.
mnies are needed to implement improvements CJUtlined by the Director of
Public Works or improvements CJUtlined within the adopted water Master
Plan.
'!he am:xmt shewn herein at Pc!rt K, Page 2, shall be the full am:xmt
due.
12. ONE 'lEAR J:GJER COST
It is :further agreecl that the DEVELOPER shall pay to CI'lY prior to
execution of this NiREEMEtll', the anntnt as set forth herein at Page 2
(Pc!rt G), which anntnt LepL sents the power o:::ost for st:r:eet lights for one
year.
13 • 'lllE INS'rAI.UI['ION OF STREE!1: TREES
It is further agreecl that the OEVEI.OPER shall, at such time as deemed
awxupriate by the City Ergineer, plant st:r:eet trees in conformance with
the stancla:rds of the City of CI.lpertin;l. Variety of tJ:ee shall be select:e:i
frcm the City approved list.
14. PlIRK FEES
It is :fUrther agreed that the DEVELOPER shall pay such fees an:J,Ior
deCUcate such latx:l. to the CI'lY, prior to execution, as is required. within
"Park Dedication O:t:dinanoe" Number 602, 1972, ani which is further
stipJlated urXler Part J, Page 2 herein.
'nIe value of t.'1e lar.d. used in est:abli.shing the "Park Fee" cutlined
herein on Page 2, Pa:r:t J, reqJ.ire.s formal confiJ:l!1ation. 'nIe CITY
shall employ a qualified lccaJ. appraiser to provide a market value of the
lan::!.. '!he city will calculate the "Park FEje" based on the appraisaJ.. 'Ihe
reveloper agrees to pay for arrf deficienc:y"within t.hi.rty. PO) days an::!. the
City agrees to refIm:i overage within thirty (30) days. Mjust::ments shall
be :made prior to acceptar.ce of the sul:division :ilrIprtlIrexrents.
It is turt.'!er agreed that the DEVEJ:DPER shall maintain the Work until
all deficiencies in the Work are co:r::rect.ed to confOCll to the Plans ar.d. t.'1e
City s:tarrlards an::!. specifications for the Work. 'nIe DEVELOPER shall, \ll:X)n
writ"'..an notice t.'1e...'>-faOf, immediately repair or replace, withcut c..."'St -or
obligation to the. City of CUpertino, ar.d. to the entire satisfaction of
said CT.t"l, all defects ar.d. i.l:n!;:erfect.ions aris:ir:q out of gr due to faulty
w'OrJ<:mans.'1ip an:ljor materials appearinq in said Work. -
15. ~ DIS'!RIcr
It is further agreed that the DEVEIDPER shall file with err'!, u;on
execution of this AGaEEMENT, a letter from ti'..e OJpertino Sanitary Distric'::
sc:at:in;r that t.'1e DEVELOPER has e."ltered irrt:.o a separate ~ wit.'1 the
said District to :Lns-...all sanitary seHers to sa.. ....... e all lots within said
Proj ec1: an::!. stat.in;r that a toni to insure full ar.d. faithful petiomance of
the const::;uc"'..ion of the said sanitary se..:ers ar.d. to insure mainter.ance of
said sanitary seHer in conf= wi~ .. );:.he previsions as set forth in
Paragra;:.h 15 al::ove has been filed.
17. GOVERNMENT COOE
It is further agreed that DEVEIDPER shall file with crrt:, 1JiXll1
execution of this AGaE:EMENl', su.bstantial evidence that all prtNisions of
section 51l493, Article S, O:Iapter 4 of the Govemme.nt COie, ~ to
specj a.l assess:illElllf:s or tor:ds, have been CClIq;llied with. .
18 • c:ElITlAAL:n:m;: DIS'!RIcr
It is further agreed that the DEVEIDPER shall file with the crrt:, u;on
execution of this AGREEMEm', a letter frcm the C.ent::ra.l Fire Protection
District of santa Clara County, stat:ir:q that the llEVElOFER has entered
into an ~ with said District· to install fire hydrants to se.r:ve
said Proj oct an::!. stat:.in;r that all necessary fees have been dep::lSited with
said District to insure installation ar.d. five (5) year rerrt:.al fee of said
hyd:rants.
1.9. PACIFIC G\S AND ET'ECI'RIC{I?AC:I:FIC BEIL
•
It is further agreed that the DEVEIDPER shall pay to Pacific Gas an::!.
Elect:ric ecmpany an:ljor to PAcrFIC EEU. o::mpany arrf ar.d. all fees required
for installation of ove:r::h.eacl. an:ljor 1.ll:Xl.et:g:ro wi.r.i.nq ci=lits to all
electroliers within said p:!:t1pel:ty ani arrf an::!.' all fees ~ for'
~ as prcvided in o:rd.i.nanc:e No. 3:11 of crr'l Vlhen DEIIEI.OPER is
notified by either the City Er:qinee.r or the Pacific Gas ani Electric
ecmpany an:ljor PACIFIC BEIL Ccmpany that said fees are due ar.d. payable.
7
:
20. E1ISEMEl'ITS.l\NO RIGHl'-OF-wAY
It is further agreed that arrJ easerent an:l. right-of-way necesSaty for
c:cmpletion of the Project shall be acquired by the DEVEWPER at his own
cost an:l. expense. It is provided; however, that in the event eminent
domain prcceeiiIgs are required by the C!Ti for the pu:tpOSe of secur:l.n:j
said easement an:l. right-of-way, that the DEVEWPER shall depoedt with C!Ti
a sum cover1n;J the :reasonable market value of the lan:l. pz:oposed to be
ta'ken an:l. to be included in said sum shall be a :reasonable al.J.owan::e for
SeVerance da:maqes, if arrJ. It is further provided that in addition
thereto, such S1JlIlS as may be required for legal fees an:l. costs,
en;Jineerin;r, an:l. other incldental costs in such :reasonable amounts as the
C!Ti =y require shall be deposited with the City of CUpertino.
21. BOLO HA'RMIESS
., ,~ .... ""
It is further agreed that, CXI!tII'IIeI'lCin;r with the performance of the Work
by the DEVEWPER or his cxJIIll:actor an:l. cont:i:nu.in;J until the c:cmpletion of '
the maintenance of the work, the DEVEWPER shall irlde.mn.ify, hold harmless
an:l. dafen:! the C!Ti from an:l. against art:! or all loss, cost, expense,
damage or liability, or claim thereof, occasioned by or in art:! way
whatsoever arisin;r out of the performance or l"LlIJperformance"'of the Work or
the neqlige.rx:e or wiUful. lI1isc.::orduct of the DEVEWPER or tha DEVEWPER'S
agents, e!!ployees an:l. in:iepen:lent oont::ractors.
22. INSURANCE
It is further agreed that: 'll1e I:lEVE[£)PER shall take out, or shall
require art:! contractor en;Jdged to perform the WOrk to take out, an:l.
:maintain at all times durin;r the perfo:aaarx:e an:l. ma1nt:ena:nce of the WOrk
called for or required to be done here1..Ir¥;)er, a policy of insurance namin;
the C!Ti an:l. members of the city Council of the City of CUpertino,
in::Iividually an:l. oollect.ivel.y, an:l. the officers, agents an:l. 'liIl1ployees of
the City individllally an:l. oollect.ivel.y, as insured. Said. separate policy
shall provide bodily injUJ:Y an:l. property da:maqe CXJ\I'I!t'aqe to the foreqoin;r
named C!Ti an:l. individuals coverin:J all the Work performed by, for, or on
behalf of said I:lEVE[£)PER. Both hcxmy injUJ:Y an:l. property damage insurarx::e
lI1I.lSt be on an occurre.rx:e basis; an:l. said policy or policies shall provide
that the CXJ\I'I!t'aqe affoxtlsd thereby shall be primaly coveraqe to the full
lilnit of liability stated .in the decJarations, an:l. if the city, its
members of the city Council in::livid.!1aJJy an:l. ml]ect:ively, an:l. the,
officers, agents, and eroployees of the CITY, individually and
oollect.ively, have other 1neuranoe aqiUnst the lees CXJII'ered by said policy
or policies, that other insurarx::e shall be excess insurarx::e 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.
"-'
A. Each of said, policies of :insurance shall provide coverage in the
folloWin;J m:in.imum. arraunts: For bodily injm:y, $100,000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one ocCur:rence with an aggregate limit of not less than $200,000.
B. '1lle DEVELOPER shall file with the City Eh;1ineer at or prior to
the tilOO of ex.erution of this 1IGREEMFNI' by the DEVELOPER such evidence
. of said foregoing policy or policies of insura:Ir.e as shall be
satisfacto~ to said City Erqineer. Each such policy or policies shall
bear an endorsement precl\.ldin;J the can::ellation or reduction in
coverage without givin;J the city Erqlneer at least ten (lO) days
advance notice thereof.
C. In the event that the Project covered herein should be lIUltually
situated in or affect the area of jurisdiction of a separate
l11tll1icipality or political. subdivision of the State of california, the
policies of insurance required herein and above shall CQ-11CllOO such
l11tll1icipality or political. subdivision and the prOvision set forth
herein and above for the protection of the CJ!J!'l shall equally apply to
l11tll1icipality and political. subdivision.
23. Ml\PS AND/OR ~ PI1iNS
It is further agreed that the CJ!J!'l shall obtain the followi:rq map
an'l/or plans at the DEVELOPER'S e::.q;leI15e:
A.
B.
c.
A mylar sepia and seven (7) prints of fully executed parcel map.
A mylar sepia and ten (10) prints of fully executed ilI1prove.1OOl1t
plans.
A direct duplicatin;J silver ne;ative mi=film aperature card of
all executed ilI1prove.1OOI1 plans and map.
'!he DBVELOPER agrees to pay the CJ!J!'l from the develO];llM!nt ma.intenance
deposit the cost for all prints of plans and map required unJer Item 23 • . '
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
S\lccessor, assignee and transfer.rees of the DEVELOPER. '!he assigrnnent of
this J\GRmIENT shall not be made without approval by the City Council of
the City of 0Jpertin0.
25. LANDSCAPE MAINTENANCE BOND
Upon execution of this Agreement the Developer shall file with the City
a cash bond to cover the costs to maintain landscaping in the landscape
easement and dedication areas as shown on the parcel map for a period of
ten years as described in condition 14 for Application 23-TM-87.
9
. ,
Stataof ~~lcOIW/11 ~,--fVl-,-,-A.:..'j{-_____ 19~, before me,
} SS. CLItM
the undersigned Notary Public, personally appeared
~!:><!)!:><!)!:><!)!:><!)I:><!)I:G(X!)C<!)I:><!)~!:><!)~ personally known 10 me Ie' OFFICIAL SEAll E proved to me on the basis of satisfactory evidence ~ . ,-'; HELEN K, YATES be Ihe person!s) who executed the within Inslrument as
~ :,' ~~;1 P~~~~~~QN~A' PRES I D <;;:NT or on behalf olthe corporation therein
~ My Commission Expires May 10, 1991 ~amed, and acknowledged 10 me !hatlhe corpolallo,n execuled II.
i!><:>C<!IG>(!lC<!lC<!)G>(!lG:<!)I><.!)C>\!lGRJ=!:><!)GRJJl!ITNE S my hand and official seal.
IN WI'lNESS WIl'EREOF I CITl/' has caused its nama to be hereunto affixed by
its Mayor an::l city Clerk, thereunto duly authorized by resolution of the
City a:x.mcil an::l said DEVELOPER has hereunto caused his nama to be affixed
the day an::l year first above written.
., .
'l"·
CITl/' OF ClJPERl'INO:
Approved as to form:
DEVELOPER: _
,
,
AGREEMENT
McCLELLAN ROAD
'!his 1IGREEMEN.I' mads ani entel:ed into this __ ----"3=:ls"-'t'--____ day
f October o ____ ~~~ _____ _ , 19~, by ani between the CI!1!'l OF
CllPERI'INO, a llIIlnicipal =po:tation of the state of califoxnia, hereinafter
designated as CI!1!'l, ani AVMAC DEVELOPMENT, INC.
hereinafter designated as DEVEIDPER.
WITNESSETH
WHERFAS, :t:h.eDEVEtDPER has mads application to the CI!1!'l for a
PARCEL MAP AND BUILDING PERMIT
to c:onst.l:uct ani maintain 4 SINGLE FAMILY DWELLINGS
WHEREAS, CI!1!'l hereby approves the ~ plans ani specifications
prepcu:e:i for the Project by CIVIL ENGINEERING ASSOCIATES
a true copy of which. improvement plans ani specifications are on file in
the office of the City Engineer of ~i ani
WHEREAS, the same are incol:porated hemin by :reference, the same as
thQugh set art: in fulli
NOW, 'l'HEIlEFORE, said improvement plans ani specifications shall be
hereinafter called the "Plans," ani the ~ to be done under the Plans
shall be called the ''Work. II
1
WHEREAS, pursuant to the previsions of this AGREDIENT, the c:r:IY hereby
established the a.ll'I:lUIlt:s of l3o.r.ds, Fees, ani reposits as set forth in the
followin;r sche::l:ule:
SOiEIXJI.E OF B:lNI:S, FEES AND DEroSITS
PARr A. Faithful Performance Bo\'x:i:
TWO HUNDRED FORTY THOUSAND AND 00/100 DOLLARS
PARr B. I.abor ani Material Bo\'x:i:
TWO HUNDRED FORTY THOUSAND AND 00/100 DOLLARS
PARr C. Cbecking ani Inspection Fee:
TWELVE THOUSAND AND 00/100 DOLLARS
PARI' D. In:U.rect City EXpenses:
ONE THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS
PARr E. Development Maintenance reposit:
ONE THOUSAND AND 00/100 DOLLARS
PARr F. st:oJ::m Dra.inage Fee:
ONE THOUSAND ONE HUNDRED SEVENTY ONE AND 32/100 DOLLARS
$240,000.00
$240,000.00
$ 12,000.00
$ 1,800.00
$ 1,000.00
$ 1,171. 32
PARr G. one Year Fewer cost: $ 36. 00
THIRTY SIX AND 00/100 DOLLARS
PARr H. st:r.:eet Trees: By Developer
PARr I. Map Cllec:Jd.n:J Fee:
TWO HUNDRED AND 00/100 DOLLARS
PARI' J. Park Fee: Zone: 1
TWENTY -NINE THOUSAND TWO HUNDRED SEVENTY TWO AND
32/100 DOLLARS ~
PARI' K. water Main Extension Deposit:
$ 200.00 PAID
$ 29,272.32
$ 3.364.00
THREE THOUSAND THREE HUNDRED SIXTY FOUR AND 00/100 DOLLARS
PARr L. MapS am,tor Ilrq;lrovement Plans:
2
NOW, '.Im!REP0RE, IT IS HE£lEBY MUlUALLY AGREED :by ani :between the
parties hereto as follows, 'IO WIT:
1. DEDICATION
A. '!he DEVEIDPER offers to dedicate the :J,:eal 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
enC\ll'lll:)rances except those which the Cl'lY shall waive in writing. '!he
DEVEIDPER ag:r:ees not to :revoke said offer of dedication, and to keep said
offer open until the Cl'lY accepts offer :by resolution.
B. Upon execution of this AGREEMENT the DEVEIDPER agrees to
deliver a pmpe:rly executed grant deed to the Cl'lY of the real property
described in Exhibit "A", and such other executed o::mveyanceS, or
.inst.l:unvmts necessaxy to corrvey clear title as herein required. '!he
DEVEIDPER shall provide, at the DEVEIDPER'S sole cost and ~, to the
City:
(1) A preliminaJ:y title ri:pxt issued :by a title insurance
company :relating to the pLOfEtty offered for dedication.
(2) A standard policy of title insurance issued :by a title
insurance company and :lnsu:rinq the Cl'lY in the sum of: N/A, and
which shall shoW' said property free ani clear of all liens or
etl.CI.IlIIbran except those as .the Cl'lY shall e:xpressly waive in .
writing; said. policy shall :be furnished at the time of acceptance •
of dedjoation ani recordation of deed.
C. Upon the condition precedent that the DEVEIDPER shall
perfOIm each and every covenant and COl'ldition of this AGREEMENT, the Cl'lY
agrees to accept said real property offered for dedication.
2. lNSTALtATION OF W)Rl{
It is :fUrther aqreed that:
A. '!be DEVEIDPER shall install and c:atplete the Work within one (1)
year frcm the date of execution of this AGREEMENT, or such longer pericxi
as :may :be specifically authorized in writing :by the city Enqineer. In the
event the DEVEIDPER fails or refuses to complete the Work within the
specified period of ti:me, the Cl'lY, at its sole option, shall :be
authorized to complete the WoDc in ~tever manner the Cl'lY shall decide.
In the event the Cl'lY completes the WoDc, the Cl'lY may rec:aver any and all
costs incurred t:herel::I.Y f= the DEIlEIDPER or the DEVEIDPER'S surety or
both.
B. '!be DEVEIDPER shall install and complete the Work in a gOod and
WOrkmanlike. nmmer in accordance with the plans as approved :by the City
Enqineer of Olpertino. '!he Work shall :be done in accordance with existing
orcl.ipances and resolutions of the Cl'lY and in accordance with all plans,
specifications, st.an::lards, sizes, lines, and grades approved :by the City
Enqineer. 'lbe Work shall :be done in accordance with all state and county
statutes applicable hereto. 'Ille c1ecision of the City Enqineer shall be
final as to Whether any material or 1IIOrlana:nship :meets the st.an3artfs,
specifications, plans, sizes, lines and grades as set forth.
3
C. It is furthE1r agreed that the work shall be done in accordance
with the IlDSt current starxUu:d Specifications of the Deparbnent of PUblic
Works, california Department of Transportation, state of california, am
in accordance with the specifications of the 0Ipertin0 sanitaJ:y District
where applicable.
Wherever the words "state" or "califomia Division of Highways" are
mentioned in the state Specifications, it shall be considered as
referr~ to the CI'lY of 0Ipertin0; also wherever the "Director" or
"Director of Public Works" is lI'eIlti.oned, it shall be considered as
referr~ to the City Engineer.
In case of conflict between" the state Specifications am the
specifications of the CI'lY an:l/or the 0Ipertin0 sanitaJ:y District, the
specifications of the CI'lY an:l/or the 0Ipertin0 sanitaJ:y District shall
take precedence over am be used in lieu of such conflictin;r portions.
3. EXCAVld'ION !'EmIT
It is further agreed that the DE.VELOPER shall CClIIIply with section
'lbree of Ordinance No. 130 of "the CI'lY by obtainin;J an excavation pennit
frcm the City Engineer before the commencement of arrJ excavation in, on,
or un::ier the surface of arrJ ~ public street, lane, alley, sidewalk,
or other public place. It is further agreed that the DE.VELOPER shall
notify the City Engineer of the exact date am tiJre ~ the proposed
excavation is to commence. .
4. QUrrcrAIM DEED
It is further agreed that the DE.VELOPER, ~ requested by the CI'lY,
shall quitclaim all his rights am interests in, am shall grant to CI'lY
authorization to extract water from the urXIergrourd strata l~ beneath
said project am DE.VELOPER agrees to execute a "Quitclaim Deed am
AUthorization" in favor of CI'lY, ~ presented to him for signature.
5. 00N03 AND OIHER SEallUTY
A. Upon the execution of this AGREEMEm', the DE.VELOPER shall file
with the CI'IY a faithful. perfonnance borxi to assure his full am faithful.
performance of this ilGREEMENr. '!he penal sum of said faithful performance
bond shall be the full cost of" arrJ payment to be made umer this
AGREEMENl', the value of arrJ lam agreed to be dedicated, am arrJ
improvements to be made under this AGREEMENT. In the event that
~rovements are to be made umer this AGREEMEm', the DE.VELOPER shall, in
addition to said faithful performance, file with the CI'lY a labor am
!l'aterialsborxi in a penal s\.lm adequate to assure full payment of all labor am !l'aterials required to construct said ~ements. 'Ihe anamt of said
bon:is shall be as designated by the City EIl;Jineer. Said bon:is shall be
executed by a surety company authorized to transact a surety business in
the state of califomia am JmJSt be approved by the City Attorney as to
form am by the City EIl;Jineer as to sufficiency. In the event that the
DE.VELOPER shall fail faithfully to perform the covenants am corx1itions of
this AGREEMEm', or to make arrJ payment, or arrJ dedication of lam, or arrJ
~rovements herein required, the CI'lY shall call on the surety to perform
this AGREEMENT or othenriseindemnify the CI'lY for the DE.VELOPER I S "failure
toso~. .
4
B. In lieu of a. surety botld, the DEVEtOPER may elect to secure this
~ by depositi!x:J 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 roeet:i.n;J
the requi.reIoonts of Government COde Section 66499 (1:» or
(e) •
C. '!he amount of said cash, c:hecks, c:ert:ificate of deposit, or
instrument of credit shall be as dasignated by the City Ergineer, am
shall be the equivalent to that which would have been required had the
DE\lEJ:OPER fun1ished the CITY with a surety botld. In the event that the
DEVEtOPER shall fail faithfully to perform. the covenants am con:iitions of
this AGREEMEm', or to make any payment, or any dedication of larx:l., or any
l.nprollements herein required, the CITY may apply the proceeds of said
security thereto.
D. No release of surety boni, cash deposit, check, or certificate of
deposit, shall be made except upon approval of the City Q:luncil.
E. No interest shall be paid on any security deposited with the
CITY.
6. CHECKING AND INSPECI'ION FEE
It is further agreed that DEVEr.OPER shall pay any am all necessaxy
direct expenses for inspection, ch.eck:!.ng', etc. , incur:red by CITY in
connection with said Project, am that DEVEtOPER shall have dep:lSited with
CITY, prior to execution of this ~, 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 Ergineer shall notify
DE\lEJ:OPER of any additional sum due am owing as a result thereof.
7. IND~ EKPENSES
It is further agreed that DEVEr.OPER shall pay to CITY, prior to
execution of this AGREEMENT, .i.m.i.rec:t expense allocable to processing
these l.nprollements, the amunt as set forth herein at Page 2 (Part D) •
8. MAP CHECKING FEE
It is further agreed that the DEVEtOPER shall deposit with CITY, prior
to execution of this ~, for office checld.n; of final map am
field ch.eck:!.ng' of street 'IlJ:lIlllII1e!, 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
It is :further agreed that the DEVErDPER shall pay to the CJ!1!'I, prior
to execut:.ion of this AGREEMEN1', the an¥JUIlt set forth herein at Page 2
(Part E) as a development lIBinte:nanoa dep:>sit to .insure proper dust
control and oleanin:!' durinq the construct:ion period. '!he develcpment
maintenance deposit may be utilized for repairs of defects and
imperfections arisinq out of ar: due to faulty workmanship a.o::l/ar: materials
appearinq in said work duri.nq the period Imti1 release of the lJuprovement
bon:3s by the CJ!1!'I. Should the DEVErDPER CXllIplete the required repairs to
the entire satisfaction of the CJ!1!'I, the \lI1IlSE!dpal.a:nce will be returned
after the release of the :i:mprovenent bon:3s.
10. .S'rORM J::lRAm1IGE FEE
It is :further agreed that the DEVErDPER shall deposit with the CJ!1!'I,
prior to execution of this AGRmIENT, a storm drainage charge in
connection with said Project in accordance with the· requ.irements
established. in ReSOlution 4422, Man::h 21, 1977, in the amunt as set forth
herein at Page 2 (Part F) •
11. WATER MAIN EX'1'!NSION ~IT
'!he DEVErDPER :further agrees to dep:>sit with the CJ!1!'I those monies
required to comply with "Policy on water Main Extensions WOrk and
Deposits" dated 9/30/77. '!he dep:>sit shall be held by the CJ!1!'I until said :
monies are needed to ~leDSIt inprovements outlined by the Director of
Fubl1c works ar: lJuprovements outlined within the adopted water Master
Plan.
'!he amunt sh.c!wn herein at Part X, Page 2, shall be the full amunt
due.
12. ONE YEAR KMER cnsT
It is :further agreed that the DEVErDPER shall pay to CJ!1!'I priar: to
execut:.ion of this AGREE2mNT, the am::mrt: as set forth herein at Page 2
(Part G), which amunt ~ the power cost far: st::!;eet lights far: one
year.
13 • 'llIE ms'J.'1\UA'l'J:ON OF SmElitl' TREES
It is :further agreed that the DEVErDPER shall, at such time as deeJMd
appropdate by the City EI'rlineer, plant street trees in conforma:nce with
the Stan::larde of the City of CUpertino. Variety of tree shall be selected
from the City app:roved list.
14. PARK FEES
It is :further agreed that the DEVErDPER shall pay such fees a.o::l/ar:
dedicate such land to the ClTl, prior to execut:.ion, as is required within
"Park Dedication 0nll.nance.11 Number 602, 1972, and 'Which is :further.
stip.1l.ated under Part J, Page 2 herein.
6
'!he yalue of the larlcl use:i in establishing the "Park Fee" outline::l.
~ on Page 2, Part. J, requires formal CQl'l.fi:l::loo.tion. 'Ihe CITY
shall employ a qualifie::l. local appraiser to provide a market value of the
lani. '!he City will caJ.culate the "Park F~" based on the app;aisal. '!he
DeVeloper agrees to pay for any deficien:::y'within t:h:irt:y. (30) days ani the
city agrees to refun:!. OIi'erage within thirty (30) days. Adjustments shall
be m;!de prior to acceptance of the subdivision i:rnprcvement:s.
15. M1UN'I'.EN1INCE OF mRK
It U fUrther agreed that the DE'IlEtOF-R shall maintain the Work until
all deficiencies in the Work ara corrected to CQl'l.form to the Plans ani the
City stan:lartls ani s,;ecifications for the Work. '!ll.e DEVEl'.DPER shall, up:in
'writ"'...en notice thereof, immediately repair or replace, without cost or
obligation to the. City of cu;:ertino, ani to the entire satisfaction of
said Cl'l'Y, all defects ani :iJI;:erfections arisin;r out of or due to faulty
work!nanship and/or material.s a~ in said Work •.
16. ~ DIS'lmcr
It is further agreed that the DEVEI:.OPER shall file with r:::rr:'I, up:in
exeo.It:ion of this ~, a letter frcm the cu;:ertino Sa.n.ital:y District
s<---at.ir.q that t.'l.e DEVEIDPER has entered. into a separate AGREEMEllT with the
said District to install sanitaty se..rers to 5e..'"Ve all lots within said
Project ani r..at.ir.q that a l:xmi to insure full ani faithful pe..>":fo:cnance of
the cons"'...ruc"..ion of tlle said sanitary se..rers ani to insure maint.e.T:lal'lce of
said sanitary seller in confo:r:mance w:i:ti.l .. "!;:he provisions as set forth in
ParaqraJ;il 15. aJ::ove has been flle::l..
17. GO'\Im1MENT alOE
It is further agreed that DEVEIDF-R shall file with r:::rr:'I, up:Jn
exeo.It:ion of this ~ I substantial evidence that all p:rovisions of
section 66493, Article a, Chapter 4 of the ~ CCd.e, pert::.a.in:l:n to
special assessments or l:xmis,have been c::cmplie::l. with. .
18. CENmAL F.I:RE DIS'J.lUcr
It is further agreed that the DE'IlEtOF-R shall file with. the r:::rr:'I, up:Jn
execution of . this AGREEMEN'l', a letter frcm the central Fire Protection
District of santa Clara COUnty I stat.i.n;r that the IlEVEI.Ol?ER has entered
into an AGRE:E.Mml' with. said District: to install fire hyd:rants to serle
said Project ani stat.i.n;r that all neceS5eZY fees have been cleposite::l. with.
said District to insure installation ani five (5). year rental fee of said.
hyt!rants. .
•
It is :further agreed that the DEVEIDPER shall pay to Pacifio Gas ani
Electric Company and/or to PACIFIC BE:LL Cc!!q:lany any ani all fees requirer:J.
for :!.nst:al1at;ion of overhead an:l,Ior 1lI'Xiel:gl:oun w:irinq cizt::uits to all
elect:roliers within said propertj-ani any ani' all fees required for'
~ as provided in 0I:tii.narlce No. 331 of c:t'l':l 'When llE'lE:!.OPER is
notified by either the City Er.qineer or the Pacific Gas anl Electric
Company ar.d/or PACIFIC EE!L O:I!I'P'my that said fees ara due ani payable.
7
•• ~' '. I •• "t'f· ' .......... , .. _ ......... , ••
:
20. FASEMENTS AND RIGHI'-OF-wAY
It is further agreed that any easement am right-of-way necesscu:y for
CO!!pletion of the Project shall be acquired by the DEVEIDPER at his own
cost am expense. It is provided, however, that' in the event eminent
d=rin prooeedings are required by the CITY for the puzpose of securing
said easement am right-of-way, that the DEVEIDPER shall deposit with CITY
a sum covering the reasonable market value of the lan:l. proposai to be
taken am to be .incl.1.lded 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 am costs,
en;rineering, am other incidental costs in such reasonable annmts as the
CITY rray require shall be deposited with the City of CUpertino.
21. HOW HARM!ESS
It is further agreed that, CCIII'IllIeI'1Cing with the perfonnance of the Work
by the DEVEIDPER or his contractor am continuing until the CO!!pletion of
the maintenance of the Work, the DEVEIDPER shall :in::iemnify, hold hannless am deferxi the CITY from am against any or all loss, cost, expense,
darrage or liability, or claim thereof, ooc:asioned by or in any way
whatsoever arising cut of the performance or IlOl'lperfomance of the Work or
the negligence or willful miscoIxiuct of the DEVEIDPER or the DEVEIDPER 'S
agents, employees am inieperx:lent contractors.
22. INSORANCE
It is further agreed that: '!he DEVEIDPER shall take cut, or shall
require any contractor ergaged to perfOIIl1 the WOrk to take out, am
maintain at all times during the perfonnance am maintenance of the Work
called for or required to be done hereurner, a policy of insurance naming
the CITY am members of the city Council of the city of CUpertino,
in:lividually am collectively, am the officers, agents am arployees of
the City in:lividually am collectively, as insured. said separate policy
shall provide bodily injury am property damage coverage to the foregoing
named CITY am in:lividuals covering all the Work perfonned by, for, or on
behalf of said DEVEIDPER. Both bodily injury am property damage insurance
lIUlSt be on an occurrence basis 1 am said policy or policies shall provide
that the coverage afforded therel:ly shall be prhlazy coverage to the full
limit of liability stated in the declarations, am if the city, its
members of the City Council :I.n:lividually am collectively, am 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.
B
A. Each of said. policies of insurance shall provide coverage in the
follow::in;J mininn:Im. liIllDtI'lI:s: For bodily inju:t:y, $100,000 each person:
$300,000 each ~, property damage, $50,000 on aoc::ount of arr'/
one oocur.r:ence with an Cl.ggxegate limit of not: less than $200,000.
B. 'lhe DEVEI.OPER shall file with the City Er.gineer at or prior to
the time of execution of this AGREEMENl' by the DEVEI.OPER such evidence
of sCl,id foregoing policy or policies of insurance as shi;Ill be
satisfact:o:ty to said City Er.gineer. Each such policy or policies shall
bear an endorsement precl\ld.inJ the canoellation or :reduction in
cx:weraqe without givi'rrl the City Er.gineer at least ten (10) days
adVance notice thereof.
C. In the event that the P.r:oject covered hsl:ein should be mu:t:ually
situated in or affect the area of jurisdiction of a separate
ll1IlI1icipality or political. Slllxliv:lsion of the state of california, the
policies of :insurance xequired hsl:ein and. al:x:1ve shall c:o-name such
ll1IlI1icipality or political Slllxlivision and. the provision set forth
herein and. al:x:1ve for the protection of the CI'I'lC shall equally apply to
ll1IlI1icipality and. political Slllxlivision.
23. MAPS AND/OR ~ PLANS
It :Is furt:ller agnled that the CI'I'lC shall obtain the follow::in;J map
an::l/or plans at the DEVEIDPER I S Ell!J?ElllSEl:
A. A mylar sepia and. seven (7) prints of fully ~ pcu:cel map.
B. A mylar sepia and. ten (10) prints of fully exec:uted :iJrprcvement
plans.
C. 1\..di:I:ect duplica'tirq silver negative microfilm aperature card of
all exec:uted improvement plans and. map.
'lhe DEVEIDPER agrees to pay the CI'I'lC fran the development lIIaintenance
deposit the cost for all prints of plans and. map xequired Under Item 23.
24 • SUC'Cll'SSORS
This AGREEMENT shall bind the heirs, adm:l.nistrators, executors,
successor, assignee and. transferrees of the DEVEIDPER. 'lhe assigrmv;mt of
this AGREEMENl' shall not be mads without ~ by the City Council of
the City of 0Jpert.i.n0.
9
,
,~ , . '
"
_ . STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
Il<9Il<9Il<9CGCGCGCGCGCGCGCGC<9CGC<9C<9·
11 OFFICIAIJ SEAlJ ~ ~ Lucille Campagna·Blai,. G
~ NOTARY PUBLIC· CALIFORNIA G
~ SANTA CLARA COUNTY G
~ My Commission Expires Jan. 13, 1989 _ 8 I
~~G':GG':<!)G';(!)G:(!)~GGG.(.')G'~G:(!)~~C':(!JG:'"
pelL60n y nown;to. me 011. ove;to me ,CW ;t e M-v.I
06 6a.:U1.6acto"-y ev.i.dence ) (UCetll.le N0-./cpHp/7 )
;to be ;the pelL60n who executed ;the wUhi.n .LM.titwnen;t
M P,,-u.tdel1;t (0"-SeClte;tMY) 0"-all beha.i6 06 ;the
,COllpOlllLUO/t ';theILe-in -/tamed and ae/wowi.edged ;to me ;t/tCLt
;the COp"-OIllLUOtl exec(tted U,
, ~~=otf$6~~~'
My CODlln.U.6.to'n exp.tJtu ~ /3', /f'F',f
Section //,90, Acknow-i.edgemen;t CO"-p0"-lLUon, Amended
~ 7
•
1
m WI'lNESS WHEREXlF, CITl! has causal its name to be herelU'lto affixed by
its Mayor and City Clerk, therelmto duly authorized by resolution of the
City Council and said DEVEIDPER has hereI.U'lto causal his name to be affixed
the day and year first above written.
CITl! OF CUPERl'INO:
Approved as to fo:r:m:
yo
City Attorney
DEVEIDPER:
\J NotaJ:y Acknowledgment Required
Exhibit A Attached
I
10
(Rev. 5/9/86)
Alexander 8. Alexander of California Inc.
1530 Meridian
THIS CERTlFlCATE IS ISSUED AS A MATTEI! OF INFORMATION ONLY AND CONFliIIS NO RIGHTS UPON THE CEI!TlFlCATE IiOLDER. THIS CERTll'lCATE DOEll NOT AMEND. EXTEND OIl ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
p.o. Box 57llO
San Jose, CaUforniQ 95150-5700
Telephone (408) 264-6roO
lWX 910-338-0239
Telex 408-264-2462
COMPANIES AFFORDING COVERAGE
COMPANY A lETTER ARGONAUT INSURANCE CO.
~~==----~--------------------------1~~B INSUAED ~~~"~~~~ __________________ -E~61lCJ6Ul~~ ______ __
A.J. RAISCll PAVING CO", dba':
RAISCll CONSTRUCTION CO.
P.O. Box 729
Mountain Vie~, CA 94042
~C
THIS IS TO CERTIFY THAT POUCIElI OF INSURANCE USTED llELOW HAVE eEEN ISSUED IO THE INSURED NAMED ABOVE FOR TKE POUCY PERIOD INDICATEI!. NOTWITHSTAKDlNG AKY IlEQUIREMENI. TERM OR CONDmON OF ANV COKTRA.CT OR OTHER DOCIIMEKT WITH RESPECT TO WHICH THIS CERTIFICATE MAT BE ISSUED OR MA V PERTAIN~TH.E INSII~ AFFORDED BY TKE P,9UCIESDESCRISED HEREIli.IS.sUBJECT. Tn ALL THE TERMS. EXCUISIONS, AND CONIlI-nONS OF SUCH POUCIES. xThe 11.m1ts Sho~n may .. ave I>een reduced by pal.d losses.
TYPE OF INSURANCE
OTHER THAN UMBREllA FORM
WO~'~A~ON
AND
• EMPLOYERS' UASiLITY
DESCRlFllON OF
4 Lot Subdivision
McClellan Road
95014
CITY OF CUPERTINO
Attn; Lavenia Mallar
10300 Torre Avenue
CA 95014
POLII;:V NUMBER All LIMITS IN THOUSANDS
LC7 6-4 73-002986 12-31-87 12-31-88
Contractual
CA76-473.,002987 12-31-87 12-31-88
WC76-473-002985 12-31-87 2-31-88
ITEMS
COMPANY: ARGONAUT INSURANCE COHPANY
POLICY NUM8ER: lC76-q73-002986 /
INSURED: RAISCH CONSTRUCTION CO.
EFFECTIVE: 9!21/AA
CL 245
(11-85)
'.
THIS ENDORSEMENT CHANGES THE POLICY. PlEASE READ IT CAREFUllY.
CG 20 0911 85
ADDITIONAL INSURED--OWNERS , LESSEES OR CONTRACTORS (Form A)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
lIame 01 Person or OrzaniIalion (Addilionallnsured):
MEMBERS OF CITY COUNCIL OF THE CITY OF CUPERTINO
INDIVIDUALLY AND COlLECT/lfF.lY, AND OFFICERS, Ar,F.NTS
& .EMPLOYF.ES OF THE CITY OF CUPERTI W), I NO I If I DUALl v AND
COLLECTIVELY
Bodily Injury and
Property Damage liability
Premium Basis
Cost
Location of Covered Operations
4 Lot Subdivision
HcClellan Road, Cupertino, Ca
Rates
(Per
S 1 000 01 cost)
Advance Premium
Tollli Advance Premium S
(If no entry appears above. information required to complete this endorsement will be shown in,the Declaratjons as
applicable to this endorsement.)
1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (other than ser-
inClude as an insured the person or organization vice, maintenance, or repairs) to be per·
(cailed "additional insured") shown in the Schedule formed by or on behalf of the additional
but only with respect to liability arising out of: insured(s) at the site of the covered op-
A. "Your work" for the additional insured(s) at the erations has been completed; or
location designated above, or (b) That portion 01 "your work" out of which
B. Acts or omissions of the additional insured(s) in the injury or damage arises has been
connection with their general supervision of put to its intended use by any person or
"your work" at the location shown in the Sched-organization other than another con-
. tractor or subcontractor engaged in per-we,
2. With respect to the insurance afforded these addi-
tiona! insureds. the following additional provisions
appiy:
A. None of the exclusions under Coverage A. except
exclusions (a), (d). (e). (I). (h2), (i) and (m). apply
to Ihis insurance.
B. Addi:ion21 Exclusions. This' insurance does not
a P;Jly to:
(1) "Sodlly injury" or "property damage" for
which the additional insured{s) are obli-
gated 10 pay damages by reason of the as-
sumption of liability in a conlract or agree·
ment. This exclusion does not apply to
Irabllity lor damilges that the additional in.
sured(s) would have in the absence 01 the
contract or 2greement.
(2) "God,!y injury" 01 "property damage" occur·
rH'~r:: aBer:
forming operations for a principal as a
part of the same project.
(3) "Bodily injury" or "property damage" aris-
ing out of any act or omission of the addi·
tional insured(s) or any of their employees,
other than the general supervision of work
periormed for the additional insured(s) by
you.
(4) "Property damage·' to:
(a) Property owned. used or occupied by or
rented to the additional im;ured(s):
(bl Property in the care. custody. or control
of the additional insured(s) or over
which the additional insured(s) are for
any purpose exercising physical con·
trol: or
(el "Your work" for the additlOnal in·
sured(s).
CoP)'Tir.ht, Ino;.ufance Services O/flce. Inc .• 1984
• EHDORSEMENT
Thi:;. cndor!;crT!cnt. eflcClivc 12:01 a.M. September 21, 1988 . lOtlll$.1 p.1tt 0:
poHcyt-:o. LC76-472-002986 ;;sucd 10 RAISCH CONSTRUCTION CO.
by flRGONflUT IIISURANCECO.
PRIMARY CLAUSE
IT IS HEREBY UNDERSTOOD AND AGREED THAT THE INSURANCE AFFORDED BY THIS POLICY SHALL
BE CONSIDERED PRIMARY INSURANCE AS RESPECTS ANY OTHER VALID AND COLLECTIBLE
INSURANCE THE CITY OF CUPERTllm MAYPOSSESS, INCLUDING ANY SELF INSURED RETENTION
THE CITY MAY HAVE, AND ANY OTHER I NSURANCE THE CITY o'OES POSSESS SHALL BE CotlS I DERED
EXCESS INSURANCE ONLY.
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Fletcher-Hillier InsuranCe
P.O. Box 880189
San DiegoCA 92108
CODe SUa-CODE
INSURED
CRIBWALL CORPORATION
DBA: Retaining Walls Company
1531 Grand Avenue
San Marcos CA 92069
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFlPATE HOLDER. THIS OERTIACATE DOES NOT AMEND.
EXTEND OR ALTER 'THE OOVERAGE AFFORDED BY THE POLIOIES BELOW
COMPANY A LETTER
COMPANY B
L~ER
COMPANY E LETTER
COMPANIES AFFORDING COVERAGE
Argonaut Insurance Company
BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
t LlABtUTY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
"" GARAGE LIABILITY
OTHER THAN UMBREUA FORM
AND
EIII!PI..OYEflS' UABU.iTY
OTHER
POltey NUMBER
LC77478002009
WC77478002008
POLICY EFFECTiVE
DATE (t"M/OOJYY)
5/1/88
5/1/88
5/1/89
5/1/89
ALL LIMITS IN THOUSANDS
PROPERTY $
DAMAGE
OCCURRENCE
$ $
I I
DESCRIPTION Oft OPJ:RA TlONSILOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS
Certificate Holders are named as Additional Insureds per endorsement
attached.
CITY OF CUPERTINO AND
AVMAC DEVELOPMENT, INC.
One Kaiser Plaza, Suite 485
Oakland CA 94612
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL J!Q. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES,
AUl1iORIZED
;
t ~ T~~IS ENOORSEMEN1~ C~ANGE8 THE POLl~Y. PLEASE READ IT CAREFULLY. -I m, ;:;",-." ;;;,;"" ,""."", ,;., .. ; ,.ie, '"" jO;,~~,,, ] -----
COMMERCIAL GENERAL LIABILITY r---<
This endorsement . Endorsement No.
10rll1$ a part 01 •. Named Inswrad .~ -._-
policy number: LC77 4 7 80 0 2 0 0 9
Issued by: ARGONAUT
. and effeotive: 5/1/86
It is understood and agreed that:
INSURANCE COMPANY
12:01 A.M.stalldard lime.
Named as Additional Insureds are:
CRIBWALL CORPORATION
City of cupertino, members of the City council of
the City of cupertino, individually and collectively,
and
AVMAC Development, Inc, its officers, agents and
employees.
This insurance is primary to the full limits 'of liability and other
insurance available to additional insureds will be excess to this policy.
Argonaut 1m; uranca compan~i;::e::s-:-----rAA.U-:;th;;;o::;n:'za;:1:'-;;R/:::e !-/p:::r::e$::e::mnl::~a';:;!i,v-::-~-L_-I.--~--,,-=----/',/-~--l'
~~ ~ ~_/_.'. ~ oiUf8fWuL!:::
______ J...c_'o_u_n_le_'_S_'Q_nature • By Resldr;ml Licen$~;;-;g;n\----'-l
SEC""'''' _