89-144 Improvement agreement 21211 Rainbow Dr Reso7953, APN 362-10-05 Cit'4 of Cuperti"o
10300 Torre Avenue P.O.Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephoner(408) 252-4505
DEPARTMENT OF THE CITY CLERK
October 23, 1989
Phar Zap Developers
Attention: Wayne Levenfeld
10120 Phar Lap Drive
Cupertino, CA 95014
DOROVM24T AGREMENT - 21211 Rainbow Drive
We are enclosing to You for Your files one 1 co
and between the City of Cupertino and Phar Ian PY of the whichAgreeas by
fly executed by City Officials, along with lap Developers,
cPy es has been
No. 7953 which was enacted by the City Council of(thecCit of Cupertio0
at their regular nepting of Monday, October 16, 1989. Cup�xtino'
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of
Public Works
Y
I
RESOLUTION NO. 7953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPER110
APPFDMG PAROL MAP OF PROPERTY LOCATED AT 21211 RAINBOW
DRIVE; DEVELOPER PHAR LAP DEVELOPERS, A CALIFORNIA LIM ED
PARrNERSBIP AUTHORIZING EXECU'T'ION OF IMPROVEMENT AGREEMENT;
AUTHORIZING SIGNING OF PAROL, MAP
WHEREAS, there has been presented to the City Council for approval of
the parcel map of property located at 21211 Rainbow Drive by Phar Lap
Developers, A California Limited Partnership; 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 forth in Exhibit "A" 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, ARE, BE IT RESOLVED THAT
a. Said parcel map herein referred to is hereby approved.
b. The offer of dedication for street areas and all easement 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 ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of October , 1989, by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABS'T'AIN: None
ATIEST: APPROVED:
/s/ Dorothy Cornelius /s/ John J. Pluney, Jr.
City Clerk Mayor, City of Cupertino
V Resolution No. 7953
V EXHIBIT "A"
DEVELOPMENT Single-Family Dwelling
DEVELOPER Phar Lap Developers
A California Limited Partnership
LOCATION 21211 Rainbow Drive
A. Faithful Performance Bond: .00
B. Labor and Material Bond: .00
C. Checking and Inspection Fee: .00
D. Indirect City Expenses .00
E. Development Maintenance Deposit: $1,000.00
One Thousand Dollars and no/100 Dollars
F. Storm Drainage Fee: $ 586.00.
Five Hundred Eighty Six Dollars and no/100 Dollars
G. One Year Power Cost: .00
H. Street Trees: By Developer .00
I. Map Checking Fee: $ 210.00
Two Hundred Ten Dollars and no/100 Dollars
J. Park Fee: $21,.000.00
Twenty One Thousand Dollars and no/100 Dollars
K. Water Main Extension Deposit: .00 .
L. Maps and/or Improvement Plans:
As specified in Item 23
M. Rainbow Drive Reimbursements $3,960.00
Three Thousand Nine Hundred Sixty Dollars and no/100
Dollars (Gregory Group Deposit)
*. AGREEMENT
21211 RAINBOW DRIVE
APN #362-10-05
This AGREEM made and entered into this 16th day
of October , 19 89 , by and between the CITY OF
CUPERTIlJO, a municipal corporation of the State of California, hereinafter
designated as CITY, and PHAR LAP DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
BUILDING PERMIT
PARCEL MAP
to construct and maintain a SINGLE FAMILY DWELLING
hereinafter referred to as "Project."
WHEREAS, CITY hereby. approves..the improvement plans and 5Vecifications
prepared for the Project by N/A
a true capY 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
hall be called the "Work."
� Sl.871
WHEREAS, pursuant to the provisions of this AGR , the CITY hereby
established the amounts of Bonds.. Fees, and Deposits as set forth in the
following schedule:
SCHEDULE OF BONUS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: .00
PART B. Labor and Material Bond: .00
PART C. Checking and Inspection Fee:
.00
PART D. Indirect City Expenses:
.00
PART E. Development Maintenance Deposit:
ONE THOUSAND DOLLARS AND N0/100 $1,000.00
PART F. Storm Drainage Fee: I.
FIVE HUNDRED EIGHTY SIX DOLLARS AND N0/100 $ 586.00
PART G. One Year Power Cost:
.00
PART H. Street Trees: By Developer .00
PART I. Map Checking Fee:
TWO HUNDRED TEN DOLLARS AND N0/100 $ 210.00
PART J. Park Fee:
TWENTY ONE THOUSAND DOLLARS AND N0/100 $21,000.00
PART K. Water Main Extension Deposit:
.00
PART L. Maps and,/or Improvement Plans:
As specified in Item 23
PART M. Rainbow Drive reimbursements:
THREE THOUSAND NINE HUNDRED SIXTY DOLLARS AND N01100 $3,960.00
(GREG -DRY GROUP DEPOSIT)
2
NOW, THUMURE, IT IS HEREBY NUIUALLY 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
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 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. INSTAIZATION 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 AGREE MU, 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 coupletes the Work, the CITY may recover any and all
costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or
both.
B. The DEVELOPER shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the City
Engineer of Cupertino. The Work shall be done in accordance with existing
ordinances and resolutions of the CITY and in accordance with all plans,
specifications, standards, sizes, lines, and grades approved by the City
Engineer. The Work shall be done in accordance with all State and County
Statutes applicable hereto. The decision of the City Engineer shall be
final as to whether any material or workmanship meets the standards,
,pecifications., plans, sizes,. lines and grades as set forth.
3
C. It is further agreed that the Work shall be done in accordance
with the most current Standard Specifications of the Department of Public
Works, California Department of Transportation, State of California, and
in accordance with the specifications of the Cupertino Sanitary District
where applicable.
Wherever the words "State" or "California Division of Highways" are
mentioned in the State Specifications, it shall be considered as
referring to the CITY of Cupertino; also wherever the "Director" or
"Director of Public Works" is mentioned, it shall be considered as
referring to the City Engineer.
In case of conflict between the State Specifications and the
.specifications of the CITY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino Sanitary District shall
take precedence over and be.used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the ccntuneracement 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 comm ezioe.
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 DE'VEMPER agrees to execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature. ..
5. BONDS AND OTHER SECURI'T'Y
A. LTpon •the....execution of this AGREEMENT, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and faithful
perform of this AGR'EQKENT. 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 AGUMM4ENT. 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. Me amount of said
bonds shall be as designated by the City Engineer. Said bonds shall be
executed by a surety cog3any authorized to transact a surety business in
the State of California. and must be approved by the ,City Attorney as to
form and by the City Engineer as to sufficiency. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to perform
this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure
to so do.
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 instnment of credit meeting
the requirements of Goverrment 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 :AGR r, 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. CHECKENG 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 AGREEKEW, 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 AGR , indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. MAP CEECKING FEE
It is further agreed that the DEVELOPER shall deposit with CI'T'Y, prior
to execution of this AGREEM4T, 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 the AGREEMENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and cleaning during the construction period. The development
maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or
materials appearing in said work during the period until release of
the improvement bonds by the CITY. Should the DEVELOPER complete the
required repairs to. the entire satisfaction of the CITY, the unused
balance will be returned after the release of the improvement bonds.
10. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of the 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) .
10A. REIMBURSEMENT TO GREGORY GROUP
The Developer agrees to reimburse other developers for frontage
improvements along Rainbow Drive. The deposit shown on Page 2,
herein, is the maximum amount due to the Gregory Group. If a dispute
arises as to the amount, the Developer agrees to allow the CITY a
final determination of the amount.
11. VOTER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies
required to fly 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 Park 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 AGRE'EMEVT, the amount as set forth herein at Page 2
(Part G) , which amount represents the power cost for street lights for
one year.
13. THE INSTALLATION A`T 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 lane 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.
G
14-A. PA2K FEE =S'ZMiT r--rCISICNS
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Paxt .J, requires formal ccnfi=ation. 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. nip-
Developer agrees to pay for any deficieMrwithin thirty. (30) days and the
J City agrees"' to"ref,.overage within thirty (j 0) days. Adjustments shall
be made prior to acceptance of the subdivision improvements.
15. MA NTMiCE OF Lri3RK .
It iS fu'-ther agreed that the DE=p'ErR cha 11 maintain the Work until
all deficiencies in the Work are corrected to conform to the plans and the
City star-dards and scecifications for the Work. The DEVELOPER shall, upon
written notice thereof, immediately repair or replace, without C-_Gt or
obligation to the. City of Cupertino, and to the entire satisfaction of
said C.TTY, all defects and =merfecticns arising out of or due to faulty
workmanship and/or materials appearing in said Work.
16. SANT= DISTRICT
It is further agreed that the DEVELOPER shall file with CTTY, upon
execution of this Ari', a letter Erose the Cupertino Sanitary Distric`.:
statim that the DEVELOPER has entered into a separate ACME ''T With the
said District to instal' sanitary se<.vers to serve all lots within said
Project and stating that a bond to insure full and faithful perfo=onc. of
the construction of the said sanitary servers and to insure maintenance of
said sanitary sewer = conformance with the provisions as set forth in
Paragraph 15 above has been filed.
17. GGVaRn= CODE
It is further age that DEVELOPER shall, file with CITY, upon
execution of this AGREEmm, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Go ve=ment Code, perta i n;g to
special assessments or bonds, have been complied with.
18. CENTZRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this AG'ZEEIMIT, a letter fr= the Central Fire protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an AG UMMiT With said District to install fire hydrants to serve
said Prof act 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. PA=C GAS AND E1EC IC/;AC=C BELZ
It is father'agreed that the D'T=pER sha11 pay to Pacific Gas and r
Electric Company and/or to PACIFIC PrTT Company any and all fees requited
for installation of overhead and/or underground wiring ci=its to all
electroliers Within said
PAY and any and' all fees rte+,; ed for
and as provided in Ordinarbca No. 331 of CITY when DEVELOPER is
notified by either the City Engineer or the Pacific Gas and Electric
Coitmany and/or PACIFIC BELL Company that said fees are due and payable.
7 i
.1 20. EASEMERM AND Rimik-w_wAy
It is further agreed that any easement and right-of-way necessary for
ccmpletion of the Project shall be acquired by the DEVELOPER at his own
cost and expense_ It is provided, , however, that in the event eminent
danain 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 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. MID BARMIESS
It is farther agreed that, cmtmencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the campletion 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 DEVELOPER 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 th,e 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
f, follmdM minimum
amounts; For bodily injury,, $100
,000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. The D-MopEIk'shall file with the City Engineer at- or prior to
the time of execution of this AGREEMENT by the UVEjOpER 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 IMppoVEMERr 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.
H.
plans.
sepia and ten (10) prints of fully executed inprovement
.
C. A direct duplicating silver negative microfilm aperature card of
all executed improvement plans and map.
TheDEVELOPER agrees to pay the CITY from the developnent maintenance
deposit the cost for all prints of plans and map required under Item 23.
24. SUCCESSQRS
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferrees of the DEVELOPER. Um assignment of
this AGS shall not be made without approval by the City Council of
the City of Cupertino.
a
STATE OF CALIFORNIA ) S.S.
COUNTY OF SANTA CLARA)
ON THIS �K DAY OF1989, BEFORE
ME, THE UNDERSIGNED, A NO`T'ARY PUBLIC IN AND FOR SAID
COPNTY AND STATE, PERSONALLY APPEAREDf�//�V�^.(�
,� KNOWN ZO ME TO BE THE PRESIDENT
OF LEVENFZLD INVESIMENIS, INC., THE CORPORATION THAT
E>MaM3D THE WITHIN INSTRUMENT AND KNOWN ZO ME TO BE
THE PERSON WHO EXECUTED THE WITHIN INSTRUNIENP ON BEHALF
OF SAID CORPORATION, SAID CORPORATION BEING KNOWN TO
ME ZO BE THE GENERAL PARTNER OF PMR LAP DEVELOPERS,
THE LIMITED PARITWMIP THAT EXECLYIED THE WITHIN
INSTRUMENT, AND ACK1NMEDGED ZO ME THAT SUCH CORPORATIOD
EXECUTED THE SAME AS SUCH PARTNER, AND THAT SUCH PART—
NERSHIP EXECUTED THE SAME.
(tMARY PUBLrIC
®FFTCIAL 5 _ta6 SSION EXPIRES�����
JAMES J. ANSELOWIT'�
m No i ARY PUBLIC-CALIFORIIA
SANTA CLARA COUNTY
pw• My Comm.Expires May 14,1991
' F
s
e
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 Z OF WPER INN:
Approved as to form:
yor (V
City Attorney
City Cler is
Notary Acknowledgment Required
s