89-125 Chee Wan Lee 21914 Granada Ave Reso 8007, Improvement agreement Reso7837 APN 357-16-22, Improvement agreement for 21835, 21842 Dolores Ave, Reso 7840 Cit,4 of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
January 9, 1990
Craig A. Clark
21845 Hermosa Avenue
Cupertino, CA 95014
We are enclosing to you for your files one (1) copy of the Agreemerit by
and between the City of Cupertino and Chee Wan Lee and Craig A. Clark,
which has been fully executed by City Officials, along with one (1) copy
of Resolution No. 8007 which was enacted by the City Council of the City
of Cupertino, at their regular meeting of Tuesday, January 2, 1990.
Sincerely,
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
RESOLUTICN NO. 8007
A RE50LUTICN OF ME CITY COUNCIL OF THE CITY OF CUPERTINO
ALTnMZING EXEC TION OF REVISED IMPROVEMERr p,GREdKENT
BETWEEN THE CITY AND DEVELOPER CHEE WAN LEE AND CRAIG CLARK
LOCATED AT 21914 GRANADA AVENUE
MM;SM, there has been presented to the City Council a revised
improvement agreement between the City of Cupertino and developer, Chee
Wan Lee and Craig Clark, for the installation of certain municipal
improvements at 21914 Granada Avenue; and
WHEREAS, the aforementioned revised agreement having been approved by
the City Attorney, and Developer having paid the fees as outlined in the
attached Exhibit "A";
NOW, TORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement in behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 2nd day of January , .1990 1W the following
vote:
vote Members of the City Council
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino
RESOLUTION NO. 8007
EDa-IIBIT "An
SaMME OF BOND, FEES, AND DEPOSITS
DEVELOPNE;LV'I': SINGZE-FAMILY DWELILIM
Chee Wan Lee and Craig Clark
IOCATION: 21914 Granada Avenue
A. Faithful Performance Bond: $11,300.00
ELEVEN THOUSAND THREE HUNDRED AND 00/00 DOLLARS
B. Labor and Material Band: $11,300.00
ELEVEN THOUSAND THREE HUNDRED AND 00/00 DOLSARS
C. Checking and Inspection Fee: $ 565.00
FIVE HUNDRED SIXTY FIVE AND 00/00 DOLLARS
D. Indirect City Expenses: $ 85.00
EIGHTY FIVE AND 00/00 DOLLARS
E. Developwnt Maintenance Deposit: $ 500.00
FIVE HUNDRED AND 00/00 DOLLARS
F. Storm Drainage Fee: $ 269.00
TWO HUN= S= NINE AND 00/00 DOLSARS
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: N/A
K. Water Main Replacement: $ 2,250.00
TWO THOUSAND TWO HED FIFTY AND 00/00 DOLLARS
L. Maps and/or Improvement Plans: As specified in
Item 23 of agreement
i
a
R E V I S E D
AGREEMENT
21914 GRANADA AVENUE. (APN 357-16-22)
This AGREEMEW made and entered into this / 9 day
of --moi! , 19-L9_, by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and CHEE WAN LEE AND CRAIG A. CLARK
hereinafter designated as DEVELOPER.
WITNESSETH
WBEREAS, the DEVELOPER has made application to the CITY for a
to construct and maintain a SINGLE FAMILY DWELLING
hereinafter referred to as "Project."
WBEEMS, C= hereby approves the improvement plans and specifications
prepared for the Project by EDWARD BAHAMIAN
a true copy of which improvement plans and specifications are on file in
the office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as
though set out in full;
NOW, TARE, 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."
WHEREAS, pursuant to the provisions of this AGREE!', the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHED= OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
ELEVEN THOUSAND THREE HUNDRED DOLLARS AND N0/100 $11,300.00
PART B. Labor and Material Bond:
ELEVEN THOUSAND THREE HUNDRED DOLLARS AND N0/100 $11,300.00
PART C. Checking and Inspection Fee:
FIVE HUNDRED SIXTY FIVE DOLLARS AND N0/100 $ 565.00
PART D. Indirect City Expenses:
EIGHTY FIVE DOLLARS AND N0/100 $ 85.00
PART E. Development Maintenance Deposit:
FIVE HUDNRED DOLLARS AND NO/100 $ 500.00
PART F. Storm Drainage Fee:
TWO HUNDRED SIXTY NINE DOLLARS AND N0/100 $ 269.00
PART G. One Year Power Cost:
N/A
PART H. Street Trees: By Developer
BY DEVELOPER
PART I. Map Checking Fee:
N/A
PART J. Park Fee:
N/A
PART K. Water Main Extension Deposit:
TWO THOUSAND TWO HUNDRED FIFTY DOLLARS AND N0/100 $ 2,250.00
PART L. Maps and/or Improvement Plans:
As specified in Item 23
2
NOW, M=`ORE, IT IS ABY MUM)ALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. DEDICATION
A. The DEVELOPER offers to dedicate the real property shown on
Exhibit "A", which is attached hereto and made a part hereof by reference.
Said dedicated property shall be free and clear of all liens or
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 AGE2EEMERr 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 company and insuring the CITY in the sun 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 AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INS ALTA ION 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 cmuplete 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 C= completes the'Work, the CITY may recover any and all
costs incurred thereby frULL the DEVELOPER or the DEVELOPER'S surety or
both.
B. The DEVELOPER shall install and complete the Work 'in a good and
workmanlike manner in accordance with the plans as approved by the City
Engineer of Cupertino. The Work shall be done in accordance with existing
ordinances and resolutions of the CITY and in accordance with all plans,
specifications, standards, sizes, lines, and grades approved by the City
Engineer. The Work shall be done in accordance with all State and County
Statutes applicable hereto. The decision of the City Engineer shall be
final as to whether any material or workmanship meets the standards,
specifications, plans, sizes, lines and grades as set forth.
3
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 PE qIT
It is further agreed that the MVEIOPER shall comply with Section
Three of Ordinance No. ' 130 of the CITY by obtaining ng 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 ccmnence.
4. QUITCLAIM DEED
It is further agreed that the D'E`V=PER, 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. BONDS AND OTM SECURITY
A. Upon the execution of this AGR , the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and faithful
performance of this AGR'EET. 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 AGREEMERr, 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. Me amount of said
bonds shall be as designated by the City Engineer. Said bonds shall be
executed by a surety coq3any 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 AGRMENr or otherwise indemify the CITY for the DEVELOPER'S failure
to so do.
A
B. In lieu of a"surety bond, the DEVELOPER may elect to secure this
AGREEMERr 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 int 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 AGREEMERr, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said
security thereto.
D. No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except Upon approval of the City Council.
E. No interest shall be paid on any security deposited with the
CITY.
6. CHEC ENG 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 AGREEmVT, the amount as set forth herein
at Page 2 (Part C) . Should construction cost vary materially frCM the
estimate frau 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 AGRMmNT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. MAP CHEC rM FEE
It is farther 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) .
9. DEVELOPMENT W02TIENMCE 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 cmplete 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 FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREEMENT, a storm drainage charge in
connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) .
11. WNTER MAIN E=SION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until, said
monies are needed to implement improvements outlined by the Director of
Public Works or improvements outlined within the adopted Water Master
Plan.
The amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior to
execution of this AGREEMENT, the amotimt as set forth herein at Page 2
(Part G) , which amount represents the power cost for street lights for one
year.
13. THE INSTA r CN OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
from 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 Ordinance' Number 602, 1972, and which is further
stipulated tinder Part J, Page 2 herein.
6
14-A. PP2K FIE ADM7S=U P-FMTISIONS
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 deficienar within thirty, (3 0) days and the
City agrees to refund overage Within thirty (30) days. Adjustments shall
be made prior to acceptance of the subdivision improvements,
15. NICE OF FORK
It is further agreed that the DE=pFq shall maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans and the
City standards and specifications for the Work. The DEVELOPER shall, upon
written notice thereof, immediately rema r or replace, withcut c,-�st or
obligation to the. City of Cupertino, arra to the -entire satisfaction of
said all defects arra imperfections arising out of or due to faulty
workmianship and,/or materials appearing in said Work.
16. SANTT'AFZY DISMICr
It is further agreed that the DEVELOPER shall file With CITY, upon
execution of this Ate, a letter frown the cgmertino Sanitary Distri.c`.:
sta =g that the DEVEEOPE.R has entered into a separate AMEMUM with the
said District to install sanitary se 4ers 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. G3VE.'RNMENT CODE
It is further agreed that DEVELOPER shall file with D'I'Y, upon
execution of this Ate, substantial evidence that all provisions of
Section 66493, Article .8, Chapter 4 of the Government Code, pertaining n;rY-r,� to
special assessments or bonds, have been complied with.
18. CENTRU FIRE DIS=C2
It is further agreed that the DEVEMpER shall file with the CITY, upon
execution of this AG,REIIMiT, a letter from the Central Fire protection
District of Santa Clara County, stating that the DEVE MpER has entered
into an AGR with said District to install fire hydrants to serve
said Pro]eat and stating that all necessary fees have been deposited with
said District to insure ;nstal l atIcn and five (5) year rental fee of said
hydrants.
19. PAC2FTC GAS AND E =C/PACrF1C HELL
i.
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Cca=any and/or to PACIFIC FELL Ccmpany any and all fees required
for installation of overhead and/or wiring circuits to all
electroliers within said pzvperty and any and' all fees required for
undergrounding as provided in Ordinance No. 331 of CITY when DEVEWPER is
notified by either the City Frigineer or the Pacific Gas and Electric
Company and/or PACIFIC BELL C=many that said fees are due and payable.
7
20. EASEMENTS AND RIGh7-0F-WAY
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acquired by the DEVELOPER at his own
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CITY for the purpose of securing
said easement and right-of-way, that the DEVELOPER shall deposit with CITY
a sten covering the reasonable market value of the land proposed to be
taken and to be included in said stun shall be a reasonable allowance for
severance damages, if any. It is further provided that in addition
thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the
CITY may require shall be deposited with the City of Cupertino.
21. HOID BAYOUESS
It is further agreed that, ccmmencing with the performance of the Work
by the DEVELOPER or his contractor and continuing mmztil the c impletion 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 nonperformance of the Work or
the negligence or willful of the DEVELOPER or the DEVELOPER'S
agents, employees and independent contractors.
22. INSURANCE
It is further agreed that: The DEVFJOPER 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 and collectively, and the officers, agents and employees of
the City individually and collectively, as insured. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing
named CITY and individuals covering all the Work performed by, for, or on
behalf of said DEVELOPER. Bath bodily injury and property damage insurance
mast 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.
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
following minimm, amounts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one Oc urrenc8 with an aggregate limit of not less than $200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AG aMmu by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall }Je
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement precluding the cancellaticn 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.
23. MAPS AND/QR DsR70MM PLANS
It is further agreed that the CITY shall obtain the following map
and/or plans at the DE'VELOPER's expense:
A. A mylar sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature card of
all executed improvement plans and map.
The DEVELOPER agrees to pay the CITY frcm the develcpnent 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,
successor, assignee and transferrees of the DEVELOPER. The assig orient of
this AMUMMENI' shall not be made without approval by the City Council of
the City of Cupertino.
CISCei"�"�lt�
L Slalc of California On this the 22ndday of September _ 19 89, before me,
i
SS.
co�,ntyol _Santa Clara Helen K . Yates
the undersigned Notary Public,personally appeared
Chee Wan Lee and Craig A Clark
a�
personally known to me
c qVU proved to me on the basis of satisfactory evidence
V OFFICIAL SEAL' they subscribed 10 the
c�c�� HELEN K, YATES to be the person(s)whose name(s)
Q NOTAR,'(?U�LIC•CALIFORNIA' within Instrument,and acknowledged that they executed it.
. F . SANTA CLARACOUNTY. WITNESS my hand and official seal.
' c My Commission Expires May 10, 1991
G.�GX9G(9GL��:(9�:C9G�G(9G�UC(9G.C�GX9GC9G.U�C
Notary's Signature
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 aJPE TnM:
Approved as to form:
yor
C
City Attorney
City Clere' eF a
DEVELOPER:
�- Notary Acknowledgment Required
r
G
CITY OF CUPERTINO
INTERDEPARTMENTAL Date Jan. 3, 1990
To City Clerk From public Works--Sumi
�I Information MESSAGE: Craig A. Clark and Chee Wan Lee (CC 1/2/90)
�I Implement 21914 Granada Avenue
=I Investigate
CI Discuss Transmitted for processing are three sets of Revised Agreement.
See me
t7 Reply
sm
attach.
reply: Craig A. Clark
21845 Hermosa Avenue
Cupertino, e3k 95814
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
Cit,4 of Cuperti»o
r 10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
June 26, 1989
Craig A. Clark
21845 Hemosa Avenue
Cupertino, CA 95014
DTROVEMENT AGREM1ENT - 21914 GRANADA AVENUE
Dear Mr.Clark:
We enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Craia A. Clark, which has been fully
executed by City Officials, along with one (1) copy of Resolution No.
7837, which was enacted by the City Council of the City of Cupertino, at
their regular meeting of Monday, June 5, 1989.
Sincerely,
B
DOR(7M CORNELSUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
RESOLUTION NO. 7837
A RESOLUTION OF MM CITY COUNCIL OF THE CITY OF CUPERTIlIO
AUTHORIZING EXECUTION OF IMFROVEMENT AG ENT OF PROPERTY
LOCATED AT 21914 GRANADA AVENUE; DEVELOPER, CRAIG A. CLARK
WHEREAS, there has been presented to the City Council a proposed
improvement agreement between the City and Developer Craig A. Clark for
the installation of certain municipal improvements at 21814 Granada
Avenue, and Developer has paid the fees as outlined in the attached
Exhibit A;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement in behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 5th day of June , 1989, by the
following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
ATIES1': APPROVED:
/s/ Dorothy Cornelius /s/ John J. Plungy, Jr.
City Clerk Mayor, City of Cupertino
RESOLUTION NO. 7837
EXHIBIT "All i
SLIM= OF BOND, FEES, AND DEPOSITS
DEVELOPMMU: SINGLE-FAMILY DWE=GS
CRAIG A. CLARK
LOCATION: GRANADA AVENUE
A. Faithful Performance Bond: $ 6,100.00
SIX THOUSAND ONE HUNDRED AND 00/100 DOI ARS
B. Labor and Material Bond: $ 6,100.00
SIX THOUSAND ONE HUNDRED AND 00/100 DOLLARS
C. Checking and Inspection Fee: $ 305.00
THREE HUNDRED FIVE AND 00/100 DOLLARS
D. Indirect City Expenses: $ 46.00
FORTY SIX AND 00/100 DOLLARS
E. Developwmt Maintenance Deposit: $ 500.00
FIVE HUNDRED AND 00/100 DOLLARS
F. Storm Drainage Fee: $ 269.00
TWO HUNDRED SIXTY NINE AND 00/100 DOLLARS
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: N/A
K. Water Main mctension Deposit $ 2,250.00
TWO THOUSAND TWO HUNDRED FIFTY AND 00/100 DOLLARS
L. Maps and/or Improvemmt Plans: As specified in
Item 23 of Agent
AGREEMENT
21914 GRANADA AVENUE (APN 357-16-22)
This AG M= made and entered into this ,/8 day
of , 19il-, by and between the CITY OF
CLPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and �x , . CRAIG A. CLARK
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
to construct and maintain a SINGLE FAMILY DWELLING
hereinafter referred to as "Project-"
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by EDWARD HAHAMIAN ;
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
r
WBEREAS, pursuant to the provisions of this AGREEMERr, 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:
PART A. Faithful Performance Bond:
SIX THOUSAND ONE HUNDRED DOLLARS 'AND N0/100 $6,100.00
PART B. Labor and Material Bond:
SIX THOUSAND ONE HUNDRED DOLLARS AND N0/100 $6,100.00
PART C. Checking and Inspection Fee:
THREE HUNDRED FIVE DOLLARS AND N0/100 $ 305.00
PART D. Indirect City Expenses:
FORTY SIX DOLLARS AND N0/100 $ 46.00
PART E. Development Maintenance Deposit:
FIVE HUNDRED DOLLARS AND N0/100 $ 500.00
PART F. Storm Drainage Fee:
TWO HUNDRED SIXTY NINE DOLLARS AND N0/100 $ 269.00
PART G. One Year Power Cost:
N/A
PART H. . Street Trees: By Developer BY DEVELOPER
PART I. Map Checking Fee: N/A
PART J. Park Fee: N/A
PART K. Water Main Extension Deposit: $2,250.00
TWO THOUSAND TWO HUNDRED FIFTY DOLLARS AND N0/100
PART L. Maps and/or Improvement Plans:
as specified in Item 23
2
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. DEDICATION
A. The DEVELOPER offers to dedicate the real_ property shown on
Exhibit "A", which is attached hereto and made a part hereof by reference.
Said dedicated property shall be free and clear of all liens or
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
ccapany relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance company and insuring the CITY in the sum of: N/A, and
which shall 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 AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION AT ION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and cxmiplete 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 camplete 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 campletes 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 iri accordance with the plans as approved by the City
Engineer of Cupertino: . The Work shall be done in accon ance with existing
ordinances and resolutions of the CITY and in accordance with all plans,
specifications, standards, sizes, lines, and grades approved by the City
Engineer. The Work shall be done in accordance with all State and County
Statutes applicable hereto. The decision of the City Engineer shall be
final as to whether any material or workmanship meets the standards,
specifications, plans, sizes, lines and grades as set forth.
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 tinder 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. QUI'CI.AIM D®
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. BONDS AND O MM SECURITY
A. Upon the execution of this AGFA, 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 bounds 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 AGREET= 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
AGREE[= 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 its of Goverment 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 bowl. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said
security thereto.
D. No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except upon approval of the City Council.
E. No interest shall be paid on any security deposited with the
CITY.
6. CIE=G 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 AGREEMfr, 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 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 AGRMM4r, indirect wTense 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 AGREEMERr, 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) .
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 developrent maintenance deposit to insure proper dust
control and cleaning during the construction period. The developrent
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 FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGRE04ENT, 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. VAM MAIN EXTEdSION DEPOSIT
The DEVEL OPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until said
monies are needed to implement improvements outlined by the Director of
Public Works or improvements outlined within the adopted. Water Master
Plan.
The amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR POWER 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 SAT r A'T'TON OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
from 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 Ordinance" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
14-A. PARK FEE ADJUSIMT P_r=ICNS
The value . of the land used in establishing the "Park Fee" cut�:ined
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 deficiencrwithin 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.
15. WCE OF WORK
It iS fur=te_r agreed that the DEVELOPER shall maintain tt,.e Work until
all deficiencies in the Work are corrected to conform to the plans and the
City standards and specifications for the Work. The DEVELOPER shall, anon
written notice thereof, imnaedi.ately repair or replace, without c^st or
obligation to the. City of Cupertino, and to the entire satisfaction of
said CITY, all defects arra =;erfections -arising out of or aue to faulty
workmanship and/or materials appearing in said Work.
16. SPRY DISTRICT
It is further agreed that the DEVELOPER shall file with C,TTY, upon
execution of this AG UMMM, a letter from the C=ertino Sanitary District
stating that the DEVELOPER has entered into a separate AGUM4MTZ with the
said District to install sanitary suers to serve all lots within said
Proj ect and stating that a bond to insure full and faithful perfe ormancof
the construction of the said sanitary sawers ani to insure maintenance of
said sanitary suer in conformance with, the provisions as set forth in
Paragraph 15 above has been filed.
17. GOVMRND= CODE
It is further agreed that DEVELOPER shall file with CITY, u;=
execution of this AGREED?, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Goverrmert Code, pertaining to
special assessments or bonds, have been complied with.
18. CEMAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this AGRMM?r, a letter frena the Central Fire a mtecti.on
District of Santa Clara County, stating that the DEVELOPER has entered
into an AGS With said District -to install fire hydrants to serve
said Project arra 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 ==C/PACIFIC BEET
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric C mmarny and/or to PACIFIC FELL Ccmpany any and all fees required
for in_stai i anon of overhead and/or un3esgrouurlwiring circuits to all
electroliers within said property and any and, all fees required for -
undergrounding 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 =T, Cmmany that said fees are due and payable.
7
20. EASEMERM AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary for
cc upleti.on of the Project shall be acquired by the DEVELOPER at his own
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CITY for the purpose of securing
said easement and right-of-way, that the DEVELOPER shall deposit with CITY
a sum covering the reasonable market value of the land proposed to be
taken and to be included in said stun shall be a reasonable allawance for
severance damages, if any. It is further provided that in addition
thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the
CITY may require shall be deposited with the City of Cupertino.
21. HOLD BAIMESS
It is further agreed that, cmvwncing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the carnpletion of
the maintenance of the Work, the DEVELOPER shall in� fy, 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 nonperformance of the Work or
the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S
agents, employees and independent contractors.
22. INSURANCE
It is further agreed that: The LOPER 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 and collectively, and the officers, agents and employees of
the City individually and collectively, as insured. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing
named CITY and individuals covering all the Work performed by, for, or on
behalf of said DEVELOPER. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide
that the coverage afforded thereby shall be primary coverage to the full
limit of liability stated in the declarations, and if the city, its
members of the City Council individually and collectively, and the
officers, agents, and employees of the CITY, individually and
collectively, have other insurance against the loss covered by said policy
or policies, that other insurance shall be excess insurance only.
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
A. Each of said- policies of insurance shall provide coverage in the
following mirim+m+ 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. Ube DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AMMEW 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.
23. NAPS AND/OR nGR7vM4ENT PLANS
It is further agreed that the CITY shall obtain the following map
and/or plans at the DE'VELOPER'S expense:
A. A mylar sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature card of
all executed improvement plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance
deposit the'cost for all prints of plans and map required under Item 23.
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferrees of the DEVELOPER. Ube assignment of
this AG MENT shall not be made without approval by the City Council of
the City of Cupertino.
. 9
_, � . .�.•. _ _ .. �'f�Y�Y'tl+v'3+".+r',tit+'t.K�iY`i-Tv�+_=hP2;��^"�rsr_Y+��'.5•.��"r'ti"car..rrocr�r�'�'r�rrrrJ•r,.rfi_.r'.-i-.r_•-rte r--
`;late of Cal ifo=ia On this the 10th day of
•; SS.
Counly of ....Eant.a_Llara_ —_ ___--_Helen K. Yates__
the undersigned Notary Public,personally appeared
Craig A. Clark
� E � personally known to my
• s c� g OFFICIAL YATESproved to me on the basis of satisfactory evidence
p 9 w 0�tm
HELEN K. TIF i o by the persori(s)wtiose names) _ he subscribed to the
C NOTARY PUBLICCALIFORNIA'c�SANTA CLARA COUNTY 8wlthin Instrument,and acknowledged that _ he executed it.
a My Commission Expires May 101 1991 9—WIINESS my hand and official seat.
Notary's Signature
;r'Irnn L nr;K rlo%vl r hGMF.N i r oro, 7r to o57
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 CUPERTINO:
Approved as to form:
7r
4CiAttorney
city Cler
DEVELOPER:
Notary Acknowledgment Required
r - -
in
CITY OF CUPERTINO
INTERDEPARTMENTAL Date June 19, 1989
To CITY CLERK From PUBLIC WORKS--SUMI
21914
CI Information MESSAGE: CRAIG A. CLARK PROJECT--GRANADA AVENUE (CC 6/5/89)
.CI Implement 1. Three sets of improvement agreement for processing.
Z__1 Investigate
CI Discuss 2. Certificate of Insurance, 5/12/89
See me Insured: Henry Little Tractor Service
T—I Reply
3. Bond in the form of a certificate of deposit was forwarded
to Finance for safekeeping.
sm
Reply:
Developer: Craig A. Clark
21845 Hermosa Avenue
caperttria, CA 95014
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
S-' -E
5/12/89
-RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
DSI/EVERETT W. STARK & CO. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2190 STOKES STREET #103
SAN JOSE, CA 95128 COMPANIES AFFORDING COVERAGE
(408) 294-4106 COMPANY
LETTER A
VALLEY FORGE INSURANCE
COMPANY 13
INSURED LETTER CONTINENTAL CASUALTY COMPANY
HENRY LITTLE TRACTOR SERVICE COMPANY c
14632 COLE DRIVE LETTER EMPLOYEE BENEFITS INSURANCE
SAN JOSE, CA 95124 COMPANY
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS.AND CONDI-
TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CIDPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR Ty DATE(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $1,000,
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP!OPS AGGREGATE $1,000
CLAIMS MADE7 OCCURRENCE GL000098798 10/1/88 10/1/89 PERSCNAL&ADVERTISING INJURY $ 500,7X
X OWNER'S&CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 500,
FIRE DAMAGE(ANY ONE FIRE) $ 50,
MEDICAL EXPENSE(ANY ONE PERSON) $ 5,
AUTOMOBILE LIABILITY
X ANY AUTO CSL $ 600,
ALL OWNED AUTOS BODILY
INJURY
SCHEDULED AUTOS BUAS00843561 10/1/88 10/1/89 (PER PERSON) $
HIRED AUTOS BODILY
INJURY
(PER
NON-OWNED AUTOS ACCIDENT) $
GARAGE LIABILITYPROPERTY
DAMAGE $
EXCESS LIABILITY EACH AGGREGATE
OCCUPPENCE
ffia
V $ $
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS'COMPENSATION
$ 1,000 (EACH ACCIDENT)
AND
309662 10/1/88 10/1/89 T 1,000, (DISEASE-POLICY'_!IAIT!
EMPLOYERS'LIABILITY
$ 1,000, (DISEASE-EACH iMPLOYEEi,
OTHER
SCHEDULED ALL RISK
A CONTRACTORS EQUIPMEqT CCO008843560 10/1/88 10/1/89 DEDUCTIBLE $1,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
JOB: GRANADA AVENUE AND DELORES AVENUE CONTRACT AMTS. $6, 100 AND $8,000
ADDITIONAL INSURED RATING
o .
11111,11111 illig!
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
CITY OF CUPERTINO PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
10300 TORRE AVENUE MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CUPERTINO, CA 95014 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND_UPON T COMPANY. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED,REPRES ATI
w
POLICY NUMBER: GL000098798 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
City of Cupertino
10300 Torre Avenue ,
Cupertino, CA 95014
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of"your work" for that insured by or for you.
City of Cupertino, members of the city council , individually and collectively
and the officers, agents and employees of the city, both individually and
collectively are insured.
Coverage afforded hereby shall be primary coverage to the full limit of
liability, and if the City, its members of the city council , and the
officers, agents and employees of the City have other insurance against the loss
covered by said policy, that other insurance is excessive insurance..
JOB:. GRANADA AVENUE AND DELORES AVENUE
CG 20 10 1185 Copyright. Insurance Services Office, Inc., 1984
r ._ ':;:t'i. 'a;:r•YY�-.'f: ...vh�T-�=,y..:.l:'•,:: y .i I
♦ a mac t '_s'•`iT: ,+'�•: 'v-t^.+�` i t N X�.. •w-'�, r r 1 t
All figures.except percentages, are in thousands 340
NAME OF COMPANY Financial 5000) I Profitabili Tests Leverage Tests Liquidity Tests
Group Affiliation Best's
Mailing Address Direct Net Net Total Policy- N01 Retum NPW Invest- hating
Began Bus.:Carrier:Mktinq Premiums Premiums Operating Admitted holders Combined to an to Net Gross Current ment &
Principal Lines of Business Year Written Written Income Assets Surplus Ratio NPE PHS PHS leverage Leverage Liquidity Leverage Financial
President Siu
Telephone&AMB 95 II05 0 16 3 10 2.OI2.81 5.0 7.5 5.7j8.5 9011201 I j 15135
VALIANT INSURANCE COMPANY(IA) 1983 28.562 ... 400 12.042 11.908 ... ... 8.8 .•• ••• 0.3 999.9 10.0 A+ r
AmericanGeneral Group 1984 33.855 ..• 896 14,310 14.075 ... ... 18.2 0.3 999.9 16.0 A r
P.O.P.Q,MDox 21 1985 37,959 --- 96 17,457 16,185 .•. ... 15.0 0.1 0.1 999.9 24.7 A+ r
Baltimore,Stock
2 Agency
1986 50.366 ... 1.196 17,650 16.527 .•. ... 2.1 •.. 0.1 0.1 999.9 11.1 A+ r
1975:Stock:Agency 1987 64,057 ..• 1,218 18,225 17,697 .•. ... 7.1 ••• .•. 999.9 9.8 A+ r
HomeMP,AuroLiab,AuroPhys
Joe D.Heusi,President 1987 Bests Leverage&liquidity Tests Adjusted for Rating Analysis. . .... .. ......... .. .
301.366.1000 03559 22 4.9 5.3 114.5 29.4 XI
VALLEY FORGE INSURANCE CO(PA)
a CNA Insurance Companies 1983 209,859 44,919 1,484 155,443 24.527 122.4 3.4 6.9 1.8 7.2 7.8 98.7 •.. A+ p
CNA Plaza 1984 210.859 54,566 -400 187,350 34.905 129.1 -0.8 1.5 1.6 5.9 6.2 79.3 •.. A+ p
10, Chicago,IL 60685 1985 228,830 64,175 -065 218,510 41.544 125.3 -1.1 19.0 1.5 5.8 5.8 104.8 ... A+ p
1944:Stock:Agency 1986 267.478 98.838 1.469 250,765 48.298 115.2 1.6 16.3 2.0 6.2 6.2 100.4 ... A+ p
AutoLiab,AutoPhys,HomeMP,ComIMP 1987 386,686 110,145 5,757 299,951 52,742 111.6 5.5 9.2 21 6.8 6.8 97.9 •-• A+ p
Edward J.Noha,President 1987 Bests Leverage&Liquidity Tests Adjusted for Rating Analysis........i v ./5.....
312.822-5000 02132 '• LS 4.4 52 105.4 ... XV
VALLEY INSURANCE COMPANY
Nationwide Group 1984 416 345 59 3,203 2847 155.4 24.5 .• 0.1 02 • 0.3 747.1 ... A e
100 an Franca Street Suite 1500 1985 6.590 6.298 -LO44 7,454 2305 108.0 -325 -36.6 27 5.0 5.3 87.8 ... A+cp
San Francisco.CA Agency
1986 23.798 -3,186 781 9,648 3,091 •.. --- 34.1 ... 1.6 21 84.5 ... A+cr
1984:Stock:Agency
AuroLiab,CamIMP,WorkComp,AutoPlrys 1987 20.357 ... 472 4,700 3,567 •.. ... 15.4 ... 0.3 0.9 42&0 28 A+cr
Leon J.Weinberger,President 1987 s Leverage&Liquidity Tests Adjusted for Rating 415.362.33333 01873 BestgAnalysis'•'••'•••••••••••••' 21 4.9 5.5 114.4 21-2 XV
VANGUARD INSURANCE COMPANY 1983 68.955 •-- 983 14,833 13796
Winterthur Swiss Group ... ••• 7.7 ..• 0.1 0.4 999.9 .135 A+ r
P.O.Bos 660560 1984 64,264 --- 1.110 14,814 13.944 ..• •-• 8.0 ... 0.1 0.4 999.9 128 B+ r
1985 73.172 --. L036 15.308 13.944 ..• ... 7.5 --- 0.1 0.1 999.9 14.5 B+ r
Dallas TX 75266.0560 1986 71,811 ..• 376 15,638 13.703 ... ... 5.2 •.. 0.1 0.1 7720 6.7 A r
1945:Stock:Agency
HomeMP,Firs 1987 63.499 ... 1.890 15,130 14,581 ... ... 14.4 ... ... --- 999.9 7.4 A r
Russell 1 Seifert President 1987 Bests Leverage&Ugiicrdy Tests Adjusted for Rating Analysis....................
214.559.1222 02423 L3 28 36 1136 128 Von
VANGUARD UNDERWRITERS INS(OK) 1983 17,035 •.. 324 3.580 3.030 •.. ... 11.4 •.. 02 0.4 5924 9.4 A+ r
Winterthur 1984 23,905 ... 345 3.602 3.399 ..• .-- 122 --- 0.1 0.3 999.9 11.5 B+ r
P.0.8i7 266-05 1985 31.209 •-- 373 4.066 3.772 --. •.• 11.0
Wlnas.TX 75266.3560 1986 46.785 ... 433 7.370 7.169 -•. •- r
... 131 0.l al 9 lV ..,A
1965N.:S1sY:A�7 1917 K577 L40✓<
itWr6 PlaaM �f�f•.L •rfi�r♦ :i
rm-
... Do"E.T Pr
i�'ra ....:. a .. •- ':r::. ..'o`:i`:_:...,:.X�as7.�. -. f_i.,, ����r,
602.994.5183 1987 Best's FiriSim 02794 . ........ ........................
+dsl
VERMONT ACCIDENT INS CO
ConmrdGroup InsuranceCos. 1983 2444 ... 139 1,176 1,171 ... ... 13.018 A+ r
P.O.Pax 870 1984 5.925 --- 262 2393 2388 •-• --- 22.3 --- --• -•- 999.9 162 A+ r
Montpelier,Vr 05602.0870 1985 9,588 ..• 110 2,422 2.408 ... ••• 4.6 999.9 4.4 A+ r
1961:Stock:Agenry 1986 13.102 --• 192 2524 2.511 --' --- 8.0 --- --- :- 999.9 30 A+ r
AuwUab,AutoPhys 1987 15,032 -- 194 2.640 2.615 ... "• 7.7 •- 999.9 34 A+ r
Joseph A Desmond.President &1987 Bests Leverage Uq�idity Tests Adjusted for Rating Analysis........
802.229.0355 04780 •••••••••••' 28 4.9 53 128.9 21.5 V
VERMONT MUTUAL INSURANCE CO
Vermont Mutual Group 1983 30.185 22.666 2269 39,357 20,202 93.6 10.4 18.6 1.1 21 28 163.0 228 A+
P.O.Box 188 1984 33.391 24,851 2701 44.616 23.458 93.3 11-4 17.1 1.1 1.9 27 168.7 21.6 A+
Montpelier,Vr 05602 1985 39.561 28,826 2033 52586 27,016 97.2 7.7 15.8 1.1 20 29 154.8 14.1 A+ p
1828:Mutual:Agency 1986 45.944 32,209 2.871 62550 32.337 94.3 9.5 19.7 1.0 1.9 28 154.2 10.5 A+ p
HomeMP,C=lMP 1987 51,851 36.739 3.325 71.846 36,082 88.2 9.7 1L8 1.0 20 29 1531 11.3 A+ p
W 1987 Bests Leverage&UWtY Tests Adjusted for Rating Analysis....................
802-223-2341
William
K Brooks President
025d7 1.1 1.9 27 181.6 10.9 N
VERNON FIRE&CASUALTY INS
Meridian Mutual Group 1983 17.945 14,656 143 15.485 5.455 105.2 1.0 4.2 27 4.5 5.2 124.3 21.4 A
P.O.Box 1980 1984 18.623 15.188 -273 16.319 5.670 111.6 -1.8 -2.1 27 4.5 5.2 121.8 19.0 A
Indianapolis,IN 46206 1985 18.517 14,731 -607 16,227 5.236 109.0 -42 -6.5 28 4.9 5.8 122.6 17.9 A
1946:Stock:Agency 1986 18.793 15.088 1.171 17.888 6.626 98.8 7.9 27.5 23 4.0 4.7 134.3 11.3 A
AubUab.HomeMP,AutoPhys,FarmMP 1987 18,603 15,191 -1.101 19,183 5.337 107.4 -75 -18.8 28 5.4 &7 117.6 14.7 B+
Harold C.McCarthy,President
317.924-2651 02545 1987 Bests leverage&Liquidity Tests Adjusted for Rating Analysis•••••••••••••.'••••• 22 4.0 5.0 1339 ILO N
VESTA AMERICAN INS CO INC 1983 ... 410 664 5,751 5.335 57.0 148.6 125 0.1 0.1 0.2 999.9 1.5 NA-3
110 William Street 1984 ... 795 310 6,196 4.765 1722 43.5 6.5 02 0.4 0.5 448.4 0.9 NA-3
New York NY 10038 1985 ... -201 249 5.110 4.727 ... 999.9 7.1 .• 0.1 0.1 999.9 ... NA-2
1979:Stock:Agency 1986 ... 13.372 -1.173 19.792 &775 101.8 -13.8 18.1 15 28 28 152.7 143 NA-3
Reinsurance 1987 ... 27.127 -919 33.319 9.961 102.6 -3.9 -11.4 27 5.1 52 105.0 36.1 NA-3
Bard E.Burms,President
212.602.8500 02580 1987 Bests Fsnakial Sire Category............................... .... N
VESTA INS CORP
Torchmark Group 1983 23 1.643 1.623 ••• -•- 999.9 34 A e
P.O.Box 2612 1984 108 2.246 2,011 '•• 6.6 •• 0.1 0.1 955.1 ... NA-2
Birmingham.AL 35202 1985 ... .•• 90 2.041 2.014 .•. ... 4.5 •.. ..• 999.9 0.5 NA-2
1983:Stock:Diced 1986 - 52 2.006 2.006 26 999.9 2.2 NA-2
Fire.Allied 1987 82 2038 2038 4.1 999.9 36 A- e
1 Y.Huffman.President 1987 Bests Leverage&Liquidity Tests Adjusted for Rating A
205.325-275-27 22 01813 naf999.9 36 0
341
OtM of Cuperti»o
P.O. Box 580
10300 Torre Avenue
Cupertino,California 95014 Cupertino, California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
June 26, . 1989
Mr. Craig A. Clark
21845 Hermosa Avenue
Cupertino, CA 95014
AGE2EE4ENT - 21$$5 & 21842 DOLORES AVENUE
Dear Mr.Clark:
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Craig A. Clark, which has been fully
executed by City Officials, along with one (1) copy of Resolution No.
7840, which was enacted by the City Council of the City of Cupertino, at
their regular meeting of Monday, June 5, 1989.
Sincerely,, y
_ O
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
s
RESOLUTION NO. 7840
A RESOLUTION OF UM CITY COUNCIL OF TIE CITY OF CUpEE=0
APPROVING PAR= MAP OF PROPERTY LOCATED AT 21835 AND 21841
DOLORES AVENUE, DEVELOPER, CRAIG A. CLARK AWHORIZING EXECUTION
OF IMMEMENT AGREE=,' A=ORIZING SIGNING OF PARCEL MAP
WBEREAS, there has been presented to the City Council for approval of
the parcel map of property located at 21835 and 21841 Dolores Avenue by
Craig A. Clark; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, and for
other improvements, and good and sufficient bonds (letter of credit) ,
fees, and deposits as set forth in Exhibit IWI having been presented for
the faithful performance of said work and the carrying out of said
agreement; and said, map, agreement, and bonds having been approved by the
City Attorney;
NOW, ' , BE IT RESOLVED T,T
a. Said parcel map herein referred to is hereby approved.
b. The offer of dedication for street areas and all easements is
hereby accepted.
C. The City Engineer and the City Clerk are hereby authorized to
sign said parcel map and have it recorded.
d. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPIED at a regular meeting of the City Council of the
City of Cupertino this 5th day of June , 1989, by the
following vote:
vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
ATIES'I': APPROVED
/s/ Dorothy Cornelius /s/ John J. Plungy, Jr.
City Clerk Mayor, City of Cupertino
RESOITITION NO. 7840
EXHIBIT A
SC[m= OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: SINGLE-FAMILY DWELLIldGS
CRAIG A. CLARK
IO=CN: DOLCRE.S AVENUE
A. Faithful'Perfozmance Bond: $ 8,000.00
EIGHT THOUSAND AND 00/100 DOLLARS
B. Iabor and Material Bond: $ 8,000.00
EIGHT 'THOUSAND AND 00/100 DOUARS
C. Checking and Inspection Fee: $ 400.00
FOUR HUNDRED AND 00/100 DOLLARS
D. Indirect City Expenses: $ 60.00
SIXTY AND 00/100 DOUARS
E. Development Maintenance Deposit: $ 1,000.00
ONE THOUSAND AND 00/100 DOLLARS
F. Storm Drainage Fee: $ 580.00
FIVE HUNDRED EIGHTY AND 00/100 DOLLARS
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: $ 210.00
TWO HUNDRED TEN AND 00/100 DOUARS
J. Park Fee: $21,000.00
TWENTY ONE THOUSAND AND 00/100 DOLLARS
K. Water Main Extension Deposit: $ 1,352.00
ONE THOUSAND TIM HUNDRED FIFTY TWO AND 00/100 DOLLARS
L. Maps and/or Improvement Plans: As specified in
Item 23 of Agreement
AGREEMENT46
21835, 21841 DOLORES
This AGREEMNT made and entered into this f0 _ day
of n , 191, by and between the CITY OF
CUPERI'INO, a municipal corporation of the State of California, hereinafter
designated as CITY, and CRAIG A. CLARK
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
to construct and maintain a SINGLE FAMILY DWELLING
hereinafter referred to as "Proj ect."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by EDWARD HAHAMIAN ;
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, THERUCRE, 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
0
wBEREAS, 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:
SaM= OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
EIGHT THOUSAND DOLLARS AND N0/100 $8,000.00
PART B. Labor and Material Bond:
EIGHT THOUSAND DOLLARS AND N0/100 $8,000.00
PART C. Checking and Inspection Fee:
FOUR HUNDRED DOLLARS AND N0/100 $ 400.00
PART D. Indirect City Expenses:
SIXTY DOLLARS AND N0/100 $ 60.00
PART E. Development Maintenance Deposit:
ONE THOUSAND DOLLARS AND NO/100 $1,000.00
PART F. Storm Drainage Fee:
FIVE HUNDRED EIGHTY DOLLARS AND N0/100 $ 580.00
PART G. One Year Power Cost:
N/A
PAR' H. Street Trees: By Developer
PART I. Map Checking Fee:
TWO HUNDRED TEN DOLLARS AND NO/100 $ 210.00
PART J. Park Fee: -4/1000-00
PART K. Water Main Extension Deposit: $1,352.00
ONE THOUSAND THREE HUNDRED FIFTY TWO DOLLARS AND N0/100
PART L. Maps and,/or Improvement Plans:
As specified in Item 23
2
NOW, FORE, IT IS IIMM MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. DEDICATION
A. The DEVELOPER.offers to dedicate the real property shown on
Exhibit "A", which is attached hereto and made a part hereof by reference.
Said dedicated property shall be free and clear of all liens or
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
ccunpany relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance cmimny 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 arra condition of this AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. IN IA T A'T ION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and conplete the Work within one (1)
year from the date of execution of this AGREEMENT, or such longer period
as nay be specifically authorized in writing by the City Engineer. in the
event the DEVELOPER fails or refuses to cmplete 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 oomplete the Work in a good and
workmanlike manner in accordance with the plans as approved by the City
Engineer of Cupertino. The Work shall be done in accordance with existing
ordinances and resolutions of the CITY and in accordance with all plans,
specifications, standards, sizes, lines, and grades approved by the City
Engineer. The Work shall be done in accordance with all State and County
Statutes applicable hereto. The decision of the City Engineer shall be
final as to whether any material or workmanship meets the standards,
specifications, plans, sizes, lines and grades as set forth.
3
r
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 ccaply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the 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 cam ence.
4. qJITCLAIM 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. BONDS AND OTFEt 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 AGREEM U. 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 AGREEMERr. 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 ompany 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
m provemeents herein required, the CITY shall call on the surety to perform
this AGREEMERT or otherwise indemnify the CITY for the DEVELOPER'S failure
to so do.
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
the requirements of Gavernment 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 AGREDEM, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said
security thereto.
D. No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except upon approval of the City Council.
E. No interest shall be paid on any security deposited with the
CITY.
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 additional sum due and owing as a result thereof.
7. INDIREM EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMERr, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
S. MAP CHEC,f M FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREDUM, 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) .
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 maim deposit to insure proper dust
control and cleaning during the construction period. The develcprent
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 FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREEMENT, a storm drainage charge in
connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) .
11. 4= MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until said
monies are needed to implement improvements outlined by the Director of
Public Works or improvements outlined within the adopted Water Master
Plan.
The amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR POWER 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 INSTALUT ION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
from 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 Ordinance" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
6
14=A. P PUP ADJUSE11EM T.R- TISICNS
The value of the land used in establishing the "Park Fee" cutlined
herein on Page 2, Part J, eg ireS 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.
13. MAI`T—c'ri�NC.E OF MRK
It is further agreed that the DEVF P R shall maintain the Work until-
deficiencies
ntildeficiencies in the Work are corrected to conform to the Plans and the
City standards arra specifications for the Work. The DE.vELOPm shall, upon
writ ten notice thereof, immediately repair or replace, withcut c_-Stor
obligation to the. City of Cupertino, and to the entire satisfaction of
said CT_'I'Y, all defects and iiperfecticns arising cut of or due to faulty
wcr.1ananship and/or materials appearing in said Work.
16. SANT= DISTRICT
It is further agreed that the DE=PER shall file with CITY, upon
execution of this AGZE`.=, a letter Erode the Cupertino Sanitary District
stati.4 that the DEVELOPM has entered into a separate AG _M •T with the
said District to install sanitary seraers to serve all lots within said
Project and stating that a bond to insure full and faithful pe-'ormance of
the cons;�-uct=on of the said sanitary sewers and to insure mainterance of
said sanitary sewer in conformance with the provisions as set forth in
Paragraph 15 above has been filed.
17. GCVr--TaZ= CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGUM=, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the C-0verrmsent Code, pertaining to
special assessments or bonds, have been coaplied with.
18. G3n'RAL PIPE DIS.IRICT
It is further agreed that the DEVEMPER shall file with the CITY, upon
execution of this AGiED=, a letter from the Central Fire Protection
District of Santa Clara Ccunty, stating that the ==PER has entered
into an AG EEMENT with said District 'to install fire hydrants to serve
said Project arra stating that all necessary fees have been depcsited with
said District to insure installation and five (5) year rental fee of said .
hydrants.
19. PACIFIC GAS AND ==C/PA=C MIT,
i
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PACIFIC E ETT, Ccmpany any arra all fees rewired
for installation of overhead and/or mx1erground. wiring circuits to all
electroliers within said property and any and all fees required for •
undetgrou _i ng as provided in Ordinance No. 331 of CITY when DEVELOPER is
notified by either the City Engineer or the Pacific Gas and Electric
Catta.any aixi/or PACIFIC EELZ Company that said fees are due and payable.
7
20. EASEM1'1'S AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary for
ccmupletion of the Project shall be acquired by the DEVELOPER at his cram
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CITY for the purpose of securing
said easement and right-of-way, that the DEVELOPER shall deposit with CITY
a sunt covering the reasonable market value of the land proposed to be
taken and to be included in said stint shall be a reasonable allowance for
severance damages, if any. It is further provided that in addition
thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the
CITY may require shall be deposited with the City of Cupertino.
21. HOLD BAIMESS
It is further agreed that, ccamnencing 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 nonperformance of the Work or
the negligence or willful misconduct of the =v=PER or the DEVELOPER'S
agents, employees and independent 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 and collectively, and the officers,- agents and employees of
the City individually and collectively, as insured. said separate policy
shall provide bodily injury and property damage coverage to the foregoing
named CITY and individuals covering all the Work performed by, for, or on
behalf of said DEVELOPER. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide
that the coverage afforded thereby shall be primary coverage to the full
limit of liability stated in the declarations, and if the city, its
members of the City Council individually and collectively, and the
officers, agents, and employees of the CITY, individually and
collectively, have other insurance against the loss covered by said policy
or policies, that other insurance shall be excess insurance only.
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 .
following minimum amounts: For bodily injury, $100,000 each person;
$300,000 each once, property danage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGEUMMw 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.
23. MAPS AND/OR IM1PROVEMENT FLANS
It is further agreed that the CITY shall obtain the following map
and/or plans at the DEVETIOPER'S else:
A. A mylar sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature card of
all executed improvement plans and map.
The DEVELOPER agrees to pay the CITY frcan the development maintenance
deposit the cast for all prints of plans and map required under Item 23.
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferrees of the DEVELOPER. The assigrmtient of
this AGEZEQ M shall not be made without approval by the City Council of
the City of Cupertino.
9
late of _�l fq�Pia On this the loth day of Mav _ 19 89 ,beloie me,
SS.
county of ..._Santa-_Clar_a__--_- ___-- Heh r�__ys2tas
the undersigned Notary Public,personally appeared
_--Craig A- Clark
ark _
E 6`Obc�b`C� b'c9Lxsc�iiLX9Lx�� personally known to me
y 3 OFFICIAL SEAV [, proved to me on the basis of satisfactory evidence
HELEN K. YATES Rio be the person(s)whose name(s) he subscribed to the
C mss, NOTARY PUBLIC-CALIFORNIA'
SANTA CLARA COUNTY 3within Instrument,and acknowledged that he executed it.
My Commission Expires May 10, 1991 SWI T NESS my band and official seal.
r, � s:c9GC9GUG.UGX9GC9G.c9G:L9�G.c9GX�G.c9GX9GAGx —ig
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Notaryi'snature
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IN WI'TNE'SS WHEREOF,, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Couricil and said DEVELOPER has hereunto caused his name to be affixed
the day and year first above written.
CITY OF CUPFR'INO:
Approved as to form:
or
City Attu ey
Ci Clerk
DEVELOPER:
f.
Notary Acknowledgment Required
1
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