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90-025 Robert T. Martin and Sheila D. Martin, Deferred Agreement, Resolution No. 8138 -Rernto: NO ?' T IN ACCORDANCE L 382 PAGE 1645 CIV •'F CUP R IN' s WITH 60V CCDE 6103 • 1 ' Torre AvenueAGREEMENT Cupertino, CA 95014 10382 ORANGE AVENUE APN 357-19710 This AGREEMENT made and entered into this c2/.ae day of '279 , 19 90 , by and between the CITY OF CUPERITMO, a municipal corporation of the State of California, hereinafter designated as CITY, and ROBERT T. MARTIN AND SHEILA D. MARTIN hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for SECURING A BUILDING PERMIT to construct and maintain A SINGLE FAMILY DWELLING hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit DEFERMENT of the required development improvements in accordance with the provisions of this AGREEENT; and; WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein and; WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work ner scary to complete installation of those improvements which will be required in accordance with those plans to be prepared; and WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or other guarani-04=s as outlined herein to assure compliance with conditions of development approval; and Page 1 File: 51,880 382pAGE1646 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSI'Ib Improvement Category - N/A PART A. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: Deferred PART C. Checking and Inspection Fee: FIVE HUNDRED SEVENTY DOLLARS AND NO/100 $ 570.00 PAID PART D. Indirect City Expenses: EIGHT SIX DOLLARS AND NO/100 $ 86.00 PAID PART E. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: TWO HUNDRED FIFTY EIGHT DOLLARS AND NO/100 $ 258.00 PAID PART G. One Year Power Cost: N/A PART H. Street Tres: N/A • PART I. Map Checking Fee: N/A PART J. Park Fee: N/A • • PART K. Water Main Reimbursement TWO THOUSAND NINE HUNDRED SEVENTY ONE DOLLARS AND NO/100 $2,971.00 PAID PART L. Maps and/or Improvement Plans: Deferred Page' 2 • U3,„ 82pAGE1647 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. ( THIS SPACE INTENTIONALLY LEFT BLANK ) • 2. INSTALLATION 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 AG2EEAF T, 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 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. Page 3 L 3.8 2 PAGE 1. 6 48 C. It is further agreed that the Work shall be done in accordance with. the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District . where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and,/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commenceMent of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is- further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall gran-b. -to CITY authorization to extract water from the underground strata laying beneath said project aid DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him, for signature. 5. BONUS AND OILIER 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 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 bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In. the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this 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. Page 4 . L3S2Pa E1. 649 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 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 an 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 AGREEIMENT, 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) . 7A.. 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PTnogs yam 9143 Aq sguoq guauranazdurr agg go es&oTaa TTgun potaad egg butane S[aoM Pies trr buTaeadde sTeTaegew ao/pue dTgsueunlaoM Agane; bg enp ao ;o gno bursTae suorne3aadutt pue sgoagap ;o satpdaa ao3 pazgTtgn eq Aeut gTsodep aoupuagutpu guautdoTeAep 8141 'poTaad uoTgonagsuoo egg butane buTuesTo pup Toaguoo qsnp aadoad eansuT og gTsodep eOueuagurput gueurdoTenap e se (g gaed) Z abed qv utaaag tp.To3 gas gunoute eqq. ;mac= sTITg 3o uotgnoaxa og aoTad '7„r,IJ egg og Aed TTegs flat eqg getrg peaabg aatigarg sT gI d,ISOdEO SDNVMaINIVN 1N31'HO13A30 '8 ete91-3914421 • 13. MAINTENANCE OF WORK L3,8213AwE1. 651 It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standards and specifications for the Work. The DEVELOPER shall, upon • written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGRffi4ENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary feeshave been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. 18. PACIFIC GAS AND ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific. Bell any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undue as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific Bell that said fees are due and payable. Page 7 1. 382PasE1652 19. EASE MEWLS AND RIC T-OF-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 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. 20. HOLD HARMLESS It is further agreed that, ccmmnencing 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, rn`-Sioned 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. 21. 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 hndily 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, agentsand 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. 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 occurrence, property damage, $50,000 on account Of any one occurrence with an aggregate limit of not less than $200,000. Page 8 • L382PA6E1653 • B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT 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 mut-iially 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. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his awn expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. 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 maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the .signing of the plans by the CITY. 23. DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six (6) months notice from the CITY, in which event the Work must be ccmgleted within one (1) year thereafter, or in the absence of such notification, no later than five (5) years and six (6) months from the date of this AGREEMENT, the following improvements: • Page 9 L382rAnE1654 • Until such notification is made by CITY, or such time has elapsed, Sections numbered 2,3,5,8, 10, 13, 14, 15,16, 17, 18,19,20,21 & 22 are hereby deferred. The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. 24. SUCCESSORS - RUN WITH LAND - A.P.N. 357-19-10 This AGREEMENT shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and understood that this AGREEMENT shall be filed for record in the Office of the County Recorder of the County of Santa Clara, State of California and that the covenants in this AGREEMENT shall run with the land, a description of which is contained in' Exhibit B, which is attached hereto and made a part hereof by reference, and is for the benefit of the other lands in the City of Cupertino. 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. vy -s" 4 Approved as to form: ;,ri n :!2 y /i �nVta l� jr5 , City Attorney �C ' k,f P ` coIlJ )/744 V State of California,County of Santa Clara. On this 1st day of May 1990, before me personally xpi'e ted ^LN j.`. ',ra c Robert T Martin and Sheila D Martin, personally known to me (or proved to me on the ls' '4f.:',"'".,- izttt satisfactory evidence) to be the persons whose name are subscribed to this instrument and acknov3 ed-d3'-.`_- GST^• ;• that they executed it. e‘°,,,'` All signatures ;, 11. require notary acknowledgment. etiee;.„ r: ,,,,l,{l,I`+' ,Exhibit A and B AttachedA, cre OFFICIAL SEAL I • "i. FRANKLYN C. WEISS Page 10 I Y ROTARY PUBLIC -CALIFORNIA (Rev.3-1986) gyY SANTA CL'ARA COUNiy .,,;.../ My comm. expires MAR 2, 1994 an t 1-1—i actn N I in I. ALCAZAR AVENUE_ i ( cc A = 90'2'(Y 'n N is. — R = 20.00' L = 31.43' I S 89'58'00" E 105.24' � \ 5.00' I 1 p - 90.2.0.. 0 2'0" 100.24 6 R = 20.00' 1 D • L = 31.43' • w Z o LLi WZI� Ca ui. Q W o le I W o < o DEDICATION. 335 Q. FT. to CD P oW IO Z o o Io 7.._ 0 • i IZ 5.00 0 130.25 _ - 20 --•--- 20 N 89'58'00" W 135.25' • SCALE:- 1" EXHIBIT L382PAGE1656 r - Real property situated in the County of Santa Clara, State of Calitorniu, • described as follows: portion of Lot 22, as shown upon that certain Map entitled, "Tract No. 300 Map of Noonan Subdivision Unit No. 2", which Map was filed for record in the office of the Recorder of the County of Santa Clara, Stute of California, on May 6, 1946 in Boole 10 of flaps, at page 16 and more particularly described as follows: BECINNINC.at a point, on the Southerly line of Alcazar Avenue, distant thereon North 89 deg. 58' West 25.00 feet from the NOrcheaucerly corner of Lot 22 , as said Avenue and Lot are shown upon the Map above referred to; running thence South and parallel with the Easterly line of said Lot 22 for a distance of 66.59 feet co the Southerly line of said Lot 22; running thence North 89 deg. 58' West along said last named line 135.25 feet to the Southwesterly corner , • thereof on the Easterly line of Orange Avenue, as said Avenue is shown upon the Map above referred to; running thence North along said last named line 46.58 feet; thence on a curve to; the right with a radius of 20 feet through an angle of 90 deg. 02! for a distance of 31.43 „feet to a point on the said Southerly line of Alcazar Avenue; running thence South 89 dug. 58' East along said last named line, 115.24 feet to the Point of Beginning. • • JflI i4 k • • • • • • EvuiD ,1 n Ai "alu�