90-046 Ki Ok Son; Improvement Agreement; APN #357-1-84; Resolution No. 8294 •
• AGREEMENT
10190 FOOTHILL BLVD.
APN #357-1-84
This AGREEMENT made arra entered into this /7 -" ' day
of Qi , 19 96 , by and between the CITY OF
CUPERTINO; • a municipal corporation of the State of California, hereinafter
designated as CITY, and KI OK SON
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOP has made application to the CITY for a
BUILDING PERMIT
to construct arra maintain a RESIDENTIAL ADDITION
hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by KIRKEBY & ASSOCIATES •
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, THEREFCRE, 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." •
FILE: #51,924
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 DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
SEVENTEEN THOUSAND DOLLARS AND NO/100 $17,000.00
PART B. Labor and Material Bond:
SEVENTEEN THOUSAND DOLLARS AND NO/100 $17,000.00
PART C. Qiecking and Inspection Fee:
EIGHT HUNDRED FIFTY DOLLARS AND NO/100 $ 850.00
PART D. Indirect City Emsec:
ONE HUNDRED TWENTY EIGHT DOLLARS AND NO/100. .$ 128.00
PART E. Development Maintenance Deposit: •
FIVE HUNDRED DOLLARS AND NO/100 $ 500.00
PART F. Storm Drainage Fee:
THREE HUNDRED TWENTY THREE DOLLARS AND NO/100 $ 323.00
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;' Reimbursement . f
TWO THOUSAND SEVEN HUNDRED FORTY FIVE DOLLARS AND NO/100 $ 2,745.00
PART L. Maps and/or Improvement Plans:
AS SPECIFIED IN ITEM #23
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NOW, THEREFORE, IT IS HEREBY MUIUALVL 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 AGREEi NP 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
instnmients 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. a.dsmnnz TION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and ccznplete the Work within one (1)
year from the date of execution of this AGREEMEt1P, 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.
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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.
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•
B. In lieu of a'surety bard, 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 reguirtMelts of Goverrnoent Code Section 66499 N. or •
(c) .
C. The anoint 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 lard, 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 severity deposited with the
CITY.
6. CEDCECZNG. 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 AGREMOUD, the amount as set forth herein
at Page 2 (Part C) . Should construction cost vary materially frarn the
estimate from which said scan 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 AGREQ4BIT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. NAP CHECKING FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREE24EtIr, 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. DEVEIAPMFNP'MAINTNCE DEPOSIT •
It' is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREMMENP, 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 inmprovenent 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. MIER MAIN 1 TENSI0N DEFOsTP
The DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy a n . Water Main Extensions Work arra
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 INSTALLATION 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.
•
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14-'A. PA?K FEE ADJ S2 IT I"T_SICNS
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part J, requires foul 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 average within thirty (30) days. Adjustments shall
be made prior to acceptance of the subdivision improvements.
15. i^PINTENAhNCr OF FORK •
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, Croon
written notice thereof, immediately repair or replace, without cost or
obligation to the. City of Cupertino, and to the entire satisfaction of
said CrrTY, all defects and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said Work.
16. SAICE?1Y DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this ACREEZENT, a letter from the C pertino Sanitary District
stating that the DEVELOPER has entered into a separate AGREEMENT ENT 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 15 above has teen filed.
17. 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,,..�.A.�rLt,.icle 8., Chapter 4 of the Goverment Code, pertaining to
special assessments or bonds, have been complied with.
18.
CENURALITRE DISTRICT
it is further agreed that the DEVELOPER cha11 file with the CITY, upon
execution of this- AGREEMENT, a letter frun the Central Fire Protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an ACREEME T with said District -to install fire 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. PACIFIC CAS AND ELECTRIC/PACIFIC BELT. .
•
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PACIFIC SELL Company any and all fees required
for installation of overhead and/or underground. wising circuits to all
electroliers within said property and any and all fees reg'ired for -
undezro idi ng 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 SELL Coapany that said fees are due and payable.
7
.
20. EASENESFIS AND RIGHT-OF-MAY
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 proceedingsare 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 arra 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 N7.BNIESS
It is further agreed that, commencing 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 DEVELOPER or the DEVELOPER'S
agents, employees and independent contractors.
22. INSURANCE
It is further agreed that: The DEVELOPER shall take cut, 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
Co
members of the City and
indivvidnally 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 minimal: amounts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damage, $501000 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 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 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 PLANS
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 arra map.
The DEVELOPER agrees to pay the CITY fram 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. The assignment of
this AGREEMENT shall not be made without approval by the City Council of
the City of Cupertino.
STATE OF CALIFOR IA On this at t day of2G�144"rietTn the year ..27P a
y �
g is, ,before me,
,'. COUNTY OF. .. !( AP 'ay FC.+1'•.C.-go/rael.144aNotary Public,State ofCalifornia,
• duly commissioned and sw rn,personally appepyed-
o ,. -"'� ci9C; personally known to me (or proved to me on the basis of satisfactory evidence) to be
G t ,mss+ OF1'ICIAi .r,, c the person....:whose name /`.�
fa " Dorothy ;,i�,_le Complies G subscribed to this instrument,and acknowledged that.—he executed it.
y, taGra.:r
c� �q;, .;. � IN WITNESS W REOF I have hereunto set my hand and affixed my official seal
1 , LLL-a.
'.�Vf.r
G My Co;rrniss€on .";:pires $„ .t,;.,�
in the County of
m ^p. 8, in., �7 .. .
`��:'9c:9L.3c:cJc::9t:.��w:zc�cJ� �� on the date/set7forth above
tVS+� in this certificate. �'� % e /��� // //
TVs document is only a general form which maybe proper for use in simple transactions and In no
way eis Intended to act,ass substitute for the advice on an attorney.The Onto'does not �N any Public,State of California
arty
make any warranty eller express or Mosai as to the legal validly of any Pwision a the
suitability of these forms hi any specific transaction. My on. My commission expires // /r
Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(CC.Sec. 1189)—(Rev. 1183)
•
a J
IN WITNESS %HEREOF, 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: 413")%1
Mayor
City Attorney
DEVELOPER:
Notary Acknaeledgment Required
7
- - -
V V V V V ► If ►
SET TAB STOPS AT ARROWS
•
Of: -. CERTIFICATE. OF INSURANCE ISSUE DATE(MM/DDIYY)
0 11 27 90
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
I i NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
NEK INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
11481 SAN PABLO AVE.
EL CERRITO, CA. 94530 COMPANIES AFFORDING COVERAGE
COMPANY A
LEI IhA COMMERCIAL UNION INSURANCE COMPANY
COMPANY
INSURED
LETTER B
COMPANY c
LETTER
Son Gen']. Bldg Contractor
Ki 0. Son COMPANY
D
409 Nantucket Street
Foster City, CA. 94404 COMPANY E
LEITER
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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. `
COPOLICY EFFECTNE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MWDDM) DATE(MMNOM1 • H •
OCCURRENCE AGGREGATE
GENERAL LIABILITY BODILYf' :a COMPREHENSNE FORM CALA831430 11/21/90 11/21/91 INJURY $ $
'a PREMISES/OPERATIONS PROPERTY
a EXPLOSION 8 COLLAPSE HAZARD DAMAGE $ $
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUALCOMBINED $ 500 $ 500
E INDEPENDENT CONTRACTORS
a BROAD FORM PROPERTY DAMAGE
PE�A .Ir aSVCUR.
PERSONAL INJURY $ 500
IUTOMOBE
LIABILITY EAYANYAUTO CALA831430 11/21/90 11/21/91 $
ALL OWNED AUTOS(PRN.PASS.)ALL OWNED AUTOS(PRNEP2 ) . i'€ CLNBIII $
HIRED AUTOS PROPERTY
NON OWNED AUTOS DAMAGE $
MIRY
GARAGE LIABILITY BI g PD 500
COMBINED $
EXCESS
. UMBRELLA LIABILITY
IEll
FORM
CDMBINED $ $
OTHER THAN UMBRELLA FORM BI&PD
WORKERS' COMPENSATION STATUTORY '
AND I
$ (EACH ACCIDENT)
EMPLOYERS'LIABILITY $ (DISEASE-POLICY LIMIT)
$ (DISEASE-EACH EMPLOYEE)
1OTHER --
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS INCLUDED ON THE
LIABILITY POLICY AS AN ADDITIONAL INSURED AS RESPECTS WORK PERFORMED BY THE
NAMED INSURED 'UNDER CONTRACT FOR THE CERTIFICATE HOLDER AS COVERED BY THE
CEn?Ali1�O :i > VAIrDIol'f 121SHzIDEN '5FJU ;r T .CELLATION
TRAVICE WRITTEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
ATTENTION: PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF CUPERTINO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
DEPARTMENT OF PUBLIC WORKS LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
103 00 TORRE AVENUE OF ANY KIND UPON THE COMPANY, S AGENTS OR R •-ES if ATIVES.
AUTHORIZED REPRESENTATIVE i
CUPERTINO, CA 95014 NEK A. /,
y
ACORD 28-(8184) 0 IIR/ACORD CORPORATION 1984