89-143 Improvement agreement 10486 Orange Ave , Reso 7937, APN 357-19-8 ON of Cuperti»o
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
October 2, 1989
Tiing Pel Qiang
10465 Imperial Avenue
Cupertino, CA 95014
IMPROVEMENT AGREEKENT - 10486 ORANGE AVENUE PROJECT
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Tung Ping Chang, which has been
fully executed by City Officials, along with one (1) copy of Resolution
No. 7937, which was enacted by the City Council of the City of Cupertino,
at their regular meeting of Monday, September 18, 1989.
Sincerely,
y
DOROTHY CORNEIIUS
CITY Cox
CITY OF C[JPERTINO
DC/so
encl. --
cc: Department of Public Works
RESOLUTION NO. 7937
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERI'INO
AUIHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CUPERTINO AND THE CITY AND DEVELOPER `LUNG PING C ANG
AND LINDF, L. C ANG, 10408 ORANGE AVENUE
WHEREAS, there has been presented to the City Council a proposed
improvement agreement between the city of Cupertino and developer Tung
ping QmM and Linda L. Chang for-the installation of certain municipal
improvements at 10408 Orange Avenue and said agreement having been
approved by the City Attorney, and Developer having 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 ADOPIED at a regular meeting of the City Council of the
City of Cupertino this iRth day of September—, 1989 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ John J Plungy, .Tr.
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy CorAelius
City Clerk
RESSO=CN NO. 7937
EXHIBIT "An
SC 0=- OF BOND, FEES AND DEPOSITS
DEVELOPMENT: Single-family
Tung Ping Chang and Linda L. Chang
LOCATION: 10408 Orange Avenue
PART A. Faithful Performance Bond:
Seven Thousand Five Hundred and No/100 Dollars $7,5.00.00 *
PART B. Labor and Material Bond:
Seven Thousand Five Hundred and N6/100 Dollars $7,500.00 *
PART C. Checking and Inspection Fee:
Three Hundred Seventy-Five and No/100 Dollars $ 375.00 *
PART D. Indirect City Expenses:
Fifty-six and No/100 Dollars $ 56.00 *
PART E. Developmient Maintenance Deposit:
Five Hundred and No/100 Dollars $ 500.00
PART F. Storm Drainage Fee:
Two Hundred Eighty-four and N6/100 Dollars $ 284.00
PART G. One Year Power Cost: N/A
PART H. Street Trees: By Developer
PART I. Map Checking Fee: N/A
PART J. Park Fee: N/A
PART K. Water Main Extension Deposit:
One Thousand Twenty-eight and No/100 Dollars $1,028.00
PART L. Maps and/or Inprovement Plans:
As Specified in Item 23 of Agreement
*BONDS AND FEES BASED ON ES'T'IMATE ONLY.
AMOUNT'S SUBJECT TO CHANGE A= FINAL ESTIMATE HAS BEEN APPROVED BY CITY
ENGINEER.
AGREEMENT
.1.0408. ORANGE AVENUE
APN#357-19-8
This AGR made and entered into this day
of , 19 , by and between the CITY OF
CUPER'I'IldO, a municipal corporation of the State of California, hereinafter
designated as CITY, and TUNG PING CHANG & LINDA L. CHANG
hereinafter designated as DEVELOPER.
. WITNESSETH
WFIEREAS, the DEVELOPER has made application to the CITY for a
BUILDING PERMIT
to construct and maintain a SINGLE FAMILY DWELLING
hereinafter referred to as ,project.,,
WHEREAS, CITY hereby approves the inprwement plans and specifications
Prepared for the Project by JENNINGS, McDERMOTT & HEISS
a true copy of which inProvement 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, BEFORE, 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."
51,872
1
WHEREAS, pursuant to the provisions of this AGREII�Pr, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCIMD[JLE OF BONUS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
SEVEN THOUSAND FIVE HUNDRED AND N0/100 $7,500.00 *
PART B. Labor and Material Bond:
SEVEN THOUSAND FIVE HUNDRED AND N0/100 $7,500.00 *
PART C. checking and Inspection Fee:
THREE HUNDRED SEVENTY FIVE DOLLARS AND N0/100 $ 375.00 *
PART D. Indirect City FqmnseG:
FIFTY SIX DOLLARS AND N0/100 $ 56.00 *
PART E. Development Maintenance Deposit:
FIVE HUNDRED DOLLARS AND N0/100 $ 500.00
PART F. Storm Drainage Fee:
TWO HUNDRED EIGHTY FOUR DOLLARS AND N0/100 $ 281.00
PART G. One Year Plower Cost:
N/A
PART H. Street Trees: By Developer
PART I. Map Checking Fee: N/A
PART J. Park Fee: N/A
PART K. Water Main Extension Deposit:
ONE THOUSAND TWENTY EIGHT DOLLARS AND N0/100 $1,028.00
PART L. Maps and/or Improvement Plans:
As Specified in Item 23
* BONDS & FEES BASED ON ESTIMATE ONLY.
AMOUNTS SUBJECT TO CHANGE AFTER FINAL ESTIMATE HAS BEEN APPROVED BY CITY ENGINEER.
2
NOW, IT IS HEREBY MMMALS,Y 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 AGRE = 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 DE'VELOPER'S sole cost and expense, to the
City:
(1) A preliminary title report issued by a title insurance
=Tany relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance ccanpany and insuring the CITY in the stun 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 AGREEme, the CITY
agrees to accept said real property offered for dedication.
2. INSTIL A'T IM OF WAC
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 AGREEMEar, or such longer period
as may be specifically authorized in writing by the City Engineer. In the
event the DEVELOPER fails or refuses to complete the Work within the
specified period of time, the CITY, at its sole option, shall be
authorized to complete the Work in whatever manner the CITY shall decide.
In the event the CITY completes the'Work, the CITY may recover any and all
costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or
both.
B. The DEVELOPER shallinstall 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 acoozdance 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, arra
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 oomply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the ccm wncemmnt of any excavation in, on,
or Linder the surface of any existing public street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the proposed
excavation is to commence.
4. QUITCLAIM DEED
It is further agreed that the DEVEMPER, 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 arra
Authorization" in favor of CITY, when presented to him for signature.
5. BONDS AND aIHE R. SECURITY
A. Upon the execution of this AGR , the DEVELOPER shall file
with the CITY a faithful performance board to assure his full and faithful
performance of this Aft. 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 Linder this AGRMMU, 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 bands shall be
executed by a surety ccapany authorized to transact a surety business in
the State of California and mist 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 AGF2EEMENI', or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call an the surety to perform
this AGRMMU or otherwise indemnify 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
AGREEMENT by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of Cupertino; or,
3. A certificate of deposit, or instrument of credit meeting
the requirements of Government Code Section 66499 (b) or
(c) .
C. The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein requited, 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. C1U=4G 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. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. MAP CHEC IM FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREEMENT, for office checking of final map and
field checking of street monuments, in compliance with Section 4:1 of
Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth
herein at Page 2 (Part I) .
9. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREEKERr, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and cleaning during the construction period. The development
maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or materials
appearing in said work during the period until release of the improvement
bonds by the CITY. Should the DEVELOPER complete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the improvement bonds.
10. STORM DRAINAGE 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 its
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) .
11. WP,TER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CI'T'Y 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 r
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 AGREEMUU, the mount as set forth herein at Page 2
(Part G) , which arcunt represents the power cost for street lights for one
year.
13. THE INSTALL 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 DEVELOPED 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. PARK F1Z ADJUSTMENT PROVISIONS
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part J, Aires formal confirmation. The CITY
shall employ a qualified local appraiser to provide a market value of the
land. The City will calculate the "Park Feel based on the appraisal. The
Developer agrees to pay for any deficiency'within thirty. (30) days and the
City agrees to retmd overage within thirty (3 0) days- Adjustments shall
be made prior to acceptance of the subdivision improvements.
13. MANTE WCE OF;1% RK
It iS furthe_r agreed that the DEVELOPER shall maintain the Work until
all deficiencies in the Work are corrected to conform to the plan's and the
City standards and srecificati.ons for the Work. The DEVELOPER shall, upon
written notice thereof, i lately repair or replace, without c,-st or
obligation to the. City of Cmertino, and to the entre satisfaction of
said CITY, all defects and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said Work.
16. SANT%I;X DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, umn
execution of this Ate, a letter fraca the Ctmeztino Sanitary District
statim that the DEVELOPER has entered into a separate AGR ''I' with the
said District to install sanitary se*aers to serve all lots within said
Project arra stating that a bond to insure full and faithful performance of
the construction of the said sanitary sewer's and to insure maintenance of
said sanitary suer in conformance with—the provisions as set forth in
Paragraph 15 above has been filed.
17. COLS
It is farther agreed that DEVELOPER shall file with CITY, upon
execution of this AGREMMM, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assessments or bonds, have been complied with.
18. CM'I'fZAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY, upon ;
execution of this AGREIIKENr, a letter from the Central Fire Protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an AGM= with said District , to install file hydrants to serve
said Project and stating that all necessary fees have been deposited with
said District to insure installation .and five (5) year rental fee of said
hydrants.
19. PACLF'2C CAS AND ELECMIC/PA=C BELT,
j
It is further agreed that the ZEVETDPER shall pay to Pacific Gas and
Electric Company and/or to PACIFIC FELL Company any and all fees required
for installation of overhead and/or undergr=id wiring circuits to all
electroliers Within said property and any and' all fees required for
unde,r,=„,d;ng as provided in Oce No. 331 of CI'T'Y when DEVELOPER is
notified by either the City Engineer or the Pacific Gas and Electric
Company and/or PACIFIC BELL Company that said fees are due and payable.
7
i
20. EASEMENTS AND RICA-OF-WAY
It is further agreed that any easement and right-of-way necessary for
cat pleti 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 stun covering the reasonable market value of the land proposed to be
taken and to be included 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 '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. HOII) HA109,ESS
It is further agreed that, c®maencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the ompletion of
the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless
and defend the CITY frre1 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 ncmperformance of the Work or
the negligence or willful misconduct of the DEVELOPER or the DEVEIAPER'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 mirinnnn am=-rts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damages $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. Me DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGREEMERr 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 IMpROVEMENT pig
It is further agreed that the CITY shall obtain the following map
and/or plans at the DEVELOPER'S expense;
A. A mylar sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature card of
all executed improvement plans and map.
The DEVELDPER agrees to pay the CITY frcm 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, ad inistratorsl executors,
successor, assignee and transferrees of the DOPER. Me assignment of
this A4REDOU shall not be made without approval by the City Council of
the City of Cupertino.
(Individual)
� l
STATE OF CALIFORNIA }SS.
M
COUNTY OF Sang Cl ara - 1
On September 5 . 198 9 before me, the under-
signed, a Notary Public in and for said State, personally appeared
W Tung Ping Chang and
W Linda L. Chang
W
J
a
personally known to me (or proved to me on the basis of satisfactory y^- i
evidence) to be the
person(s) S whose °tY1SEyars�scribed to ; � �f: y; �i'f°'1
the within instrument and acknowledged that .``h k 4_ _ _ l r r
executed the same. t "O T 4- LIC t -ORI 11Pi
C1�h�^ H
WITNESS my hand,)and official seal. 3:" �'`
29,1959
Signature
OBIN M. FLYNN
STC 67 Name (Typed or Printed)
/ (This arca for official notarial seal)
]N WnNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its Mayor arxi 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 CUPERTIM:
eaq)Approved as to form: ' ---f
r�yor
r
City Attorney
CAy Cl
DEVELOPER:
l
Notary Acknowledgment Required
Gvl.t
e