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98-053 O'Brien Group, Oak ValleyRECD' �L'j REQUESTED BY : DOCUMENT: 17152063 Pages Fees....* No Fees City Of Cupekin6' Copies, w0017152063YA AMT PAID "WHEN RECORDED MAIL TO BRE NDA DAVIS RDE 0 010 Offi , City ce 7/01/2003 SANTA CLARA COUNTY RECORDER Cupertino 12:05 PM Recorded at the request of _ity"pf Cu T fte Avenue City f u e ino A 45014 =3255 'N Y my ER SU E), OR RECORD S (SPACE ABOVE THIS LINs F N NCE O.'TEE.1 N "CODE 6103 OF COPLETION CERTIFICATE M N 0 E TANCE OF COWLETTON,. T ICE OF ACC VENTS Y) (OFF -SITE) IMPROVE EN�GROUP.(OAKVALLF T -UNIT I, AREA 2; TRAC T,9076, UNIT 3, NEI GHB OOD' 5 Director of Public Works and City Engineer of the City of Cupertino Date: ,.`June 23 2003' . Printed an Rocycted Peter i :[ l i u y s ��M ti�� t it.� � �a/'j E'� 1� 1't P � �1 �, ,�j i � � � r "�4, i ?S + f .. F p'titi#���2 r �fe a � 4 1 < £r �E �'Sf y� .i x rv�� a tis t --- �- --r,.. ' , .. _ �it�at��e Clerk: � M Gurh�.® F '�t - s to y a ti i i- .. � a._w��f4 S. �� 1 -. 1 t a X1 .� a n � .�r�; ii{ K .r� - . - ,. �� b 5 1 �i��.. �, V _ ':y 1 - < .�..' Y � � ;1.'� .. � a :[ l i l 1 � } �;M. 1 c � P � �1 �, � , i � � a4 1-. l" K C t� t � bbl t - 4 .i's j _ r .try _ a � � F _ M � Y '�t - -. 1 t a ,:. � �}r 1, 4 � L ' ;{5 .�,� 1� L". � '� 4� - 1 �i��.. E _ ':y 1 - < is �r �,;; � � a M 4 kL Y,. ` t,1 r _ a a '�:S � � :� S k ry J .. u I- kt ` r � s 1 .'...�� P1 l �CrrN✓V `� �� � + �G��� `.-'V RECORDING REQUESTED BY r City of Cupertino WHEN RECORDED MAIL TO to v City of Cupertino F E, 10300 Torre Avenue 4 ` ' R ,� Cupertino, CA 95014 t s,� 4 1 h } Yv eft f t FEE IN ACCORDANCE z }V@!ITi- ��/: CODE 61113 h lY Jy }( JaS�M1 >i L k 1 � f15 }, Y& .. it rt Kq en Y' i DOCUMENT. 14274452 Titles: I / Pages: I' Fees.....+ No Fees Iri I Taxes... Copies- wOO14274452m AMT PA 1 D �-- 1 } T][�AC.T AGUE SENT y, TRACT # 9054 - Unit, 1` (Area 2) The O'Brien Group Cristo Rey Drive This ACrREEYviENT, made grid entered into fiatsday of J ^�r� -� , 199; by a.*id s'r between'. CITY., OF, CUPERTINO; a municipal +corporation of the State of California, ' hereinafter desi " ated as CITY, and The O'Brien Grou p, A California Corporation ,hereinafter destgnated as DEVELfJPER WIT'NESSETI WIiCREAS, said DEVELOPER'desires to'subdivide certain land within the City of u Cripertino.in accordance with;the map heretafore filed with the City Council of the City of: Cupertinri; marked acid designate as 'BRACT # "5 Unit 1 2 X. ®tsl Cupertino, California, {zh lireuiafter designated as the "Tract °° an d �16JE12EA,'said'map shows'certain courts, drives and roads *lurh are offered for }�vi dedication for ptblxG use;,and' WHEREA'S,'CITY hereby .approves the iri'iproyehieni plans and specifications prepared t , }` Y far the Tract by ] ar�4 — nga's Foulk a trice copy,of said in�provernent plans and specifications ;, are file`in the Office'af the City`,ingineer of Cupertino and 4 a , 5 WHEREAS, the same are incorporated herein by reference, the same as though set out in _ : ,:; NOW; TIJERF4JRE; said• improvement plans and specifications shall be hereinafter called the °'Plans;" and the work to. be der►e under the Plans shall be called the "Work. :C File No.: 52,074 - Unit 1 Page 1 of 10 4 jr 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: Onsite improvements: $ 232,000.00 Grading Bond: $ 188,000.00 Offsite Improvements: $ 450,000.00 ;. Landscape: (Tree pockets and sidewalk improvements & Tot Lots): $ 149,000.00 }f Joint Trench: $ 80,000.00 Park Agreements:. $ 209,000.00 B.. Labor and MatCi,a1 Bond:. Onsite Improvements: $ 232,000.00 Offsite Improvements: $ 450,000.00 Landscape: (Tree pockets and sidewakl. improvements & Tot Lots): $ 149,000.00 . Park Agreements: $ 209,000.00 { sE� PART' C Checking and Inspection Fie: (Includes Grading Permit) $ 50,22879 ..11.0 - 451 -a10 ` Indirect; City Expenses.. Development,Maihtenance Deposit: $3,00000, PART F Storm Draar' Fee .)Basin 2 16 541.04 $ , Account # �►`15 -2 : ;.. Y PART G One Y&EiiPowrer.�ost , $ 225.00 , 1 "10451 -5Q8 PATtT H Street Trees By Developer <k PART I .: Map Checking Fee $ 491.00 - 451' 20 PALM" J Park ZONE,I ACCT #: 480416 -011 x } PART K Water Main Reimbursement Fee: N/A 610=460 -200 " w PART L Maps andlor Improvement Plans x t ° As Specified in Item #23' Water Tank lfReianbaarsement: , City's Share: <$250,000.00> St. Joseph Ave. (25' vacation): 1125 0 QO (Due to City) 'Credit to Tlae,O'Brien Group: <$125,000.00> Less'discount 10 %: $ 12 500.00 Total Credit to The O'Brien Group. -,S 12,500.00> Developer agrees to post a letter of credit as security in the amount of $237,500.00 in which the City to rele -as after -completion- of-the-rwater- tank. _ _ *Three (3) lots shawl ve cledieated to the City of Cupertino, lot no. 2 and lot 13 in f ' wet ltbasrbo ®d 3 lot no. 11 in neighborhood 2. - No final inspection and or occupancy shall be issued after twenty -five (25 %) of the total u nits (Unit l -5) without the water tank being built and in operation. - All fees to. be paid at escrow, per escrow instructions. -- 'Landscape bond can be replaced in portions as lints are being developed. He No.: 52,074 - Unit 1 Page 2 of 10 i 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. 4. ' BONDS AND OTHER SECURITY A. ; Upon the execution of the 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 valuo 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 �r, CITY'.a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to conmruet 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 ac a surety, business in the State of California and must be approved by the City Attorney as to fotxn_ and by 111 City Engineer as to suftYC iency. In the event that the DEVELOPER shall rlilf" aithfully to perfortn the covenants and conditions ofothis AGREEMENT; or to make any. 3 ra` ' Y Y .,p.,. 'required, . f h payment or an dedication of land or�,an im rovennents'herein the CITY sliail call on the ;surety to perform: l"s AGR.EEMEW or otherwise indemnify the CITY £or the l `� � -REVEL ®PER'S failure to so do. - s V; 13. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by µ 1 - . dep ©sit in with the CITY: t .. 1. Cash; or, . s 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 66443 (b) or (c). C . The amount of said cash, checks, certificate of deposit, or instrument or 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 perfotxn ilia 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. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council B. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. File No.: 52,074 - Unit Page 4 of 10 q r. 4 � 4 C. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence '{ of any claim against such bond. r o " x D. Liability insurance, provided by the developer to hold the City harmless t in the event of liability arising from the project, to be retired at the end { of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. A. Release of 45% of bond upon acceptance by City Council. j B. Release of additional 45% at six months' from acceptance after all deficiencies have been corrected and in the absence of any claim '" against such bond. , yhlr. *rat ris t -7. MAP CHECKING 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 k compliance with Section 4:1 of Ordinance No. 47 (F,evised 12/04/51)`of CITY, the amount as set', 7 forth herein at Page 2 (Part 1). 8 DEVELOPMENT MAINTENANCE DEPOSIT 4 It is furthergreecl that the DEVELOPER shall pay to the CITX, prior to execution of ' this AGF.EEMENT, the: amount set faith. herein, at !age 2 .' ' (Part E) as a development maint6 ce;deposit to insure proper dust control and.cleaning during the construction "period. development inaintenance`deposit maybe utlhzed for.repairs ofdefects and imperfections M e` ansing'out of or due to faulty workmanship and/or materialsppear�ng 1n saad.work'during tlie' L s period until release of the iniprovement'b6nds: by the CITY. Should the DEVELOPER-comp ete'- ' file required repairs to the entire satisfaction of the CI "1`Y, the unused balance w111 be returned aa$er the release of the improvement bonds e' f �� 9 STORM 1�1'►INAGE PEE j It further sgreed'that the,I7EVELOPER shall de p osit witit'the CITY, prior to ea�ecutxon AGREEMENT, a storm'drakrage charge in can tectiori with said Project it accordance with the reslurements established in Resoluhan 4422, March 21, 19'77, an the amount as set forth lierem at Page`2 (Part F) ONE YEAR POWER CO rT: It is further agreed that the'DEVELOPER shall pay to CITY pa�or to executton Of the AGREEMENT, the amount as set fort%i Herein, at Page 2 (Fait G), which amount represents he , ;power cast for street "lights far one year. 11. 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 conforriaance with'the standards of the City of Cupertino. Variety of tree, shall be selected fracat the City list. y Al. PARK FEES It is further agreed that the DEVELOPEk shall pay such fees and/or dedicate such land to :,.the,CITX, prior to executioaa,s is required,within ' °Park Gdication Ordinance" Number 602,' 1972 and which is further stipulated tinder Dart J, Page 2 herein: Fees are also in accordance. with actiori adopted by . ie City,Council ori'March. l9� 1991; and Section 18- 1.6112 of the Cupertino Municipal. Code: 13. NiA,INTENANCE OF WORK SIt further agreed( that the DEVELOPER shall maintain tkle Work: A Far a period of one (1) year after acceptance of the 'Work by the City Council of the City, of Cupertino, or E. File No.: 52,074'- Unit 1 Pap 6 of 10 p rt }K A Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. 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 AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREED 1ENT vrith the said District to install sanitary sewers to serve all .106 within said Project and,stating that a bond to insure full and faithful performance of the coinstcuctinn 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 BUSINESS AND PROFESSIONS CODE It is ftitrther agreed that .DEVELOPER shall file with CITY, upon execution of this t AGREEME14T, substantial evidence that all provisions of Section 11603; Article 8 Chapter 4 of r ; the Business and Professions Code, pertaining to special assessments or bonds, have been t camplied,with. <; , x< J., 16.: CEN'1RAL.FIRE DISTRICT It is `further agreed that the DEVELOPER shall file with the CITY, upon execution of the AGREEMENT, a letter from the Central`Fire Protection District of Santa Clara County, stating that the DEVELOPER Im entered into an AGREEMENT,with said District to install fire hytlraats to serve said Project and stating that all necessary fees have been deposited with said t District to insure`installation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING - P.G.and E. RATE SCHEDULE SHALL APPLY It is father 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 EIectric 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 far itndergrounding 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. 19. EASEMENTS AND RIGHT RIGHT -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, File; No.: 52,074 - Unit l Page 7 of 10 Y , xi ry r � 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 fi addition thereto, such sums as may required for legal fees and costs, engineering, and other incidental cos':. `n such reasonable amounts as the CITY may require shall be deposited with the City of Cur Lino. 20. HOLD HARMLESS .'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 as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and r, defend'the` City, froni' and against any 'or all loss ;'cost, exrense, damage or liability, or claim thereo , ;occasioned by or in any, way whatsoever.. ariaing out of the performance or nonperformance .of the Work or the negligence or willful misconduct of the DEVELOPER or the r DEVELOFER`S agents, employees and independent contractors ( Y dFf � o ' �' 3r 21 1NSYTRA:�TCE ��f�kk'.i��t '{ ' �` t =' I� is further agreed that The DEVELOPER shall take nut, or shall require any contractor k engaged to perform the Fork to take out,' and maintain at all times during the performance and 5 araaintenance ofthe Work called for or required to be done hereunder, a policy of insurance mmg,.the CITY and rnenxl7i rs'of the City Council of the City of c:upertino individually `and collectively; and the officers;; agents andnYplayees of the City �ridividually and collectively; - as uis fired.., Said. separate policy shall protride bodily injury and property dainage coverage to the foregoing named CI'T'Y and individuals covering 'all the Work performed by, for, or on behalf of said DEVELOPER. 136th bodily injury `and property daanage insurance must be on an occurrence basis; and saidpolicy or policies shall provide that the coverage afforded thereby shall be'pnrnary coverage to the full limit of lisability'stated in the `declarations, and if the Cityy its mem rs, of City Council individually acid collectively, and the officers, agents,' and employees of the CITY, individually, and Collectively, have ether insurance against the loss 3 ` covered uy said policy or policies, that other : nsurance . shall not be called upon to cover, a °loss under said additional p6li ' A. Each. of said'p�slicies of insurance shall provide coverage in the following minimum um amounts: , For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,660, on account of any one occurrence with an aggregate limit of not less k 'hit B. 'Thy DEVELOPER, shall file with the City Engineer at or prior to the time of execution of this ACRE by the DEVIrIyOPER such evidence of said foregoing policy or policies 10 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 leas- t tern (l 0) days advance notice thereof. C In the event that the project covered herein should oe mutually situsted in or affect the area- ofjurisdiction of separate in or political subdivision of the State of File No.: 52,074 - Unit t Page 8 of 10 K Y ;California, the policies of insurance required herein and above shall co -name such municipality x L or political subdivision and the provision set equally apply to municipality and political subdivision. 22. WATER ;Vb4IN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required. to comply with "Policy on `Hater Main Extensions Work and Deposits: dated September 9, 1977. `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 an adopted Water Master Plan. ' The amount shown herein at PART K, Page 2 shall be the full amount due. 21--:,'MAP AND /OR IMPROVEMENT PLANS further agreed that the' CITY shall obtain the following map and/or plans at the UEVEL.OPER!S expense: t to Y 5t t E Y A mylar sepia and thirteen,(13) prints of fuliy.executed tract map, A mylar sepia and ten (1 ©) prints of fully executed improvement plans F C A direct duplicating silver negative microfilm aperature card of ail executed improvement plans dnd map. x The DEVELOPER agrees:' Pay the CITY front the development maintenance deposit the cost for all prints of plans and map required under Item 23. ". 24. TERMS AND CONDITIONS It is further. agreed that the above named terms and conditions for the said Tract'shall bid the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of tT shall not be made without approval by the City Council of said CITY, f. 1 ti Y p fit. 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. s y CITY OF CUPERTINO: Approved as to form: vMa r ,5 City Attorney City, .Clerk f DEVELOPER: The O'Brien Group x A California Corporation, (developer) t�r L t ! . t{ if F ` - By: P T, z 'Notary 'AcknowledgmentRequired Exhibit A Attached P.; OTHER SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY. . NUMBER OF PAGES JUIL2 1998 I - DATE OF DOCUMENT Tract Agreement, The O'Brien Group. Tract 9054 TITLE OR TYPE OF DOCUMENT ATTORNEY-IN-FACT NUMBER OF PAGES DATE OF DOCUMENT ` SIGNER(S) OTHER THAN NAMED ABOVE DOCUMENT: 14274453 Titles I / Pages. 13 Fees....- No Fees Taxes..: w0014274453w Cop i es. . AMT PA I D TRACT AGREEMENT TRACT # 9075 - Unit 2 (Area 3) 5 The O'Brien Group Cristo Rey Drive This AGREEMENT, made and entered into this _,[day of L �►_ ,� 199�by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, .hereinafter designated as CITY, and The i)'Brien Groug, A California Corporation, hereinafter designaied,as DEVELOPER. WIT.NESSETH WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupernno' in accordance with the map heretofore filed with the City Council of the City of Cupertnno,'rnai ed and designated as IRA � 9075 - Unit 2 (20 L� st � Cupertino-;' California,' ` hereinafter,de §fated as the "Tract" and ti said map shows certain courts, drives and roads which are offered for ' dedYCattota for public' use; and' ,1 r WIiEIItEAS CITY hereby approves the improvement plans and specifications prepared for the Tract by Brian ;Kiingas Foulk, a true copy of said improvement plans and specifications are on file'in the;Of�ace of the City Engineer of Cupertino; and WHEREAS, the saihe aro incorporated herein by reference, the sane as though" set out in NOW; said improvement plans and specifications shall be herein ifter y called the "Plans," and the work to be dune under the Plans shall be called the ' "fork." z t' ■ PART B. Labor and Material Bond: Improvements: deferred .. _ Water Tank: deferred Landscape: WHEREAS, pursuant to the provisions of this AGREEMENT,'the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the iollowin schedule: SCHEDULE OF BONDS, FEES AM DEPOSITS deferred s� 110- 451 -510 N/A PART' D Indirect City Expenses: Street Improvement Category: { PART A. Faithful Performance Bond: Improvements: deferred Grading: deferred . deferred Water Tank: deferred Landscape: (Tree packets and sidewalk improvements): deferred Joint Trench: deferred ' PART B. Labor and Material Bond: Improvements: deferred .. _ Water Tank: deferred Landscape: deferred :PART C. Ciieckin and Inspection Fee:. (Includes Gradual; Permit) deferred s� 110- 451 -510 N/A PART' D Indirect City Expenses: PAiZT E. i3er�eloprnent Maintenance Deposit: deferred r , 110- 206 -100 ;2 PAItLT F St6rb Drainage Fee: Basin 2 deferred A Account #: 215- 4415 -002 Ozie Year Power Cost deferred t104S 1-508 - -' PART H Street Trees: By Developer s. PART 1. Map Checking Fee: deferred 110451 -520 x � PART J. I Park Fee: ZONE ACCT #: 480- 416 -011 e PART IC. Water Main Reimbursement Fee: N/A 610- 460200 PART L. Maps and /or Improvement Plan> y' As Specified in Item #23 :'Y'ha'ee (3) Iota dedicated t o the City of Cupertino, lot no. 2 and lot 13 in neighborhood 3, lot no. 11 in neighborhood. 2. } -.1�o final in and or occupatncv shall be is-stied after twenty -live (25 %) of the total units (Unit 1 -5) without the water tank being built and in operation. Prior to begin construction all the fees will be paid at the then current fee schedule and -: bond shall be provided to the City based on the updated engineer's estimate. - Landscape bond can be reploced in portion as lots are being developed.. �x made except upon approval or. ine %, any �.ouncn. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council B. Release of the rema' airing 10 hercent of'the performance bored a*- one year from acceptance after all deficiencies Dave been corrected and in the absence of any claim against such bond. File No., 52,074 - Unit 2 Page 4 of 10 C. Release of the entire Iabor and material bond at six months from acceptance after all deficiencies have been corre -Jed and in the absence �. of anv claim nonimt nwh l,^n d D Liability insurance, provided by the developer to hold the City harmless in the event of Liability arising from the project, to be retired at the end of orreyeari afI'de any claim against such insurance. 2 Schedule for Bond and Insurance Release for Cash, CD, SettlAside Letter z are as Follows. L A. :.Release of 45% of bond upon acceptance by City Council w , B. Release of additional! 45% at six months from acceptance after all, xj 1 r deficiencies have been corrected and to the absence of any .claitrn against such bond. r , C Release of remaining:10% at one year from date of acceptance i after all dew 6encies have been corrected and in the absence of any $ claim againnst such bond. D. Release of the liability insurance, provided'by the developer or contractor to hold the City harmless in the event of liability arising r from the subject project, 'at the end of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. K E. No interest shall be paid on any security deposited with the CITY. 5: '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 Q. Should construction cost vary materially from the estimate fxom which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 6. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, pear to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). Page 5 of 10 Fite No.: 52,074 Page 6 of 10 Page 9 of 10 Fife No,; 52,074 - Unit 2 IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its e City Mayor and City Clerk, thereunto duly authorized by resolution of tf Ci, Co uncil and said DEVELOPER has hereunto caused his name to be affixed the day Find year first above written. CITY OF CUPERTINO: Anoroved as to form: LZ� Mayor..0. City ity, 6 �'elerko-'2:,�: Attorney DEVELOPER: �!The O'Bn6n Group, V4 A Calif6 0- . . ... .. ... . vie: A A 645� m Notary I Ac r 10 *Iddkfidnt Required ."'Eo"bit A At -&ched IN U I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 8, 1998, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Wally Dean and to be the Kimberly Smith, personally known to me persons whose names is s ubscribed to the within instrument and acknowledged to me that they the same in their authorized capacities and executed y their signatures on the instrument that b the ROBERTA ANN WOLFE Comm. No. 1147789 persons, or the entity upon behalf of which the NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY persons acted, executed the instrument. My commission Expires July 21, F)O00000000mo WITN my hand and official seal. nature of Notary OPTIONAL .__� Thoug h the data below is not required by law, it may prove valuable to persons relying on the , uid prevent fraudulent reattachment of this form. d oc Urnent and bo CAPACITY CLAIMED BY SIGNER 0INDIVIDUAL MCORPORATE OFFICER COPARTNERS OLIMITED ❑GENERAL 0TRUSTEE(S) ❑GUARDIAN/CONSERVATOR CLOTH ER SIGNER IS REPRESENTING: NAME OF. PERSON OR ENTITY: city of Cupertino DESCRIPTION OF ATTACHED DOCUMENT Trait Ageeameni Thy O'Brian Group, Tract 9075 TITLE OR TYPE OF DOCUMENT ATTORINEY-IN• ACT NUMBER OF PAGES june DATE OF DOCUMENT City Acv, Developer__- SIGNER(S) OTHER THAN NAMED ABOVE RDE si '102 7/09/1998 3 :31 PM W, kktT: UAJ I { , k s, TRACT AGREEMENT r� TRACT # 9076 - Unit 3 (Area 4) ,r The O'Brien Group E Cristo Rey Drive This AGREEMENT, made and entered into this -/ day of 199P; by and ` etween the CITY OF. CUPERTINO, a municipal corporation of the State of California;: hereinaftei designated as CITY, and The O'Brien Groun, A California Corporation, hereinafter designated as DEVELOPER. WITNESSETH WIEREAS, said DEVELOPER desires to subdivide certain land within the City of tr R Cupertino in`accordance with the map heretofore filed with the City. Council of the City. of Cupertino, marked and designated as TRACT ,,-# 9076 - Unit 3 L61 Lots, Cupertino, California; ' ? 4 i hereinafter designated as °the "Tract "; and Y , $f, WHEREAS; said map shows certain'court.5, drives Lind roads which are ffe ored for dedication;for•publicuse;'and WHEREAS ;CITY hereby. approves the• improvement plans and specifications prepared, s for the;Tractby Brix to Ka gas Fouik, -a: trine copy of said improvement plans •arid specifications ,'..: are on. file ui::the; Off ce of the' City Engineer of Cupertino; and ' J_ �.S z ` -• " )VMREA8jhe sane are incorporated herein,by reference, the same as though set out in •THEREFORE, said improvement plans and specification -, shall be hereinafter }` called the "Plans, ". and the work to be done under the Plans shall be called the "Work." { jXz & ; t -k x WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the " l amounts of Bonds, Fees, and Deposits as set forth in the following schedule: \ 4 yY M" SCHEDULE OF BONDS, FEES AND DEPOSITS z , Street Improvement Category: f PART A. Faithful Performance Bond: Onsite Improvements: deferred 'r Offsite Improvements: deferred �,s } Grading: deferred Landscape: (Tree pockets and sidewalk improvements): deferred Joint Trench: deferred nn,h ' PART B. ; Labor and Material Bond: Onsite Improvements: deferred , ` Offsite Improvements: . deferred yY It y Landscape: (Tree pockets and sidewalk improvements): - deferred Ida Ne. PART C. Checking and Inspection Fee: (Includes Grading Permit) deferred 110- 451 -510 PART D. Indirect City Expenses: N /A' y T'ART E. roax Development Maintenance Deposit: deferred r ' ; 110- 206 -100 PARY] Storm Drainage lFee:. Basin 2 deferred Account: 215- 415 -002. (t" PART G. N; One Year Power Cost ` deferred 110451 -508 r PART H. Street Trees: By Developer r PART I. Mai, Checking Fee: deferred 44 110 -451 -520 pA RT J. Park Fee: ZONE I ACCT #: 480 -415 -011 . ART K. Water Main Rcimbursernent Fee: N/A 5 j.. 610460 -200 PART L. Maps and/or improvement Plans ti As Specified in Item #23 *.Three (3) lots dedicated to the City of Cupertino, lot no. 2 and lot 13 in neighborhood 3, lot no. 11 in neighborhood 2. No final inspection and or occupancy shall be issued after twenty -five (25 %) of the total ;units (Unit 1 -5) without the water tank being built and in operation. Prior to begin construction all the fees will be paid at the then current fee schedule and bond shall be provided to the City based on the updated engineer's estimate. -Landscape bond can be replaced in portions as lots are being developed. y' ``• i File No.: 52,074 - Unit 3 Page 2 of 10 ' NOW,.'HEREFORE, IT IS HEREBY MUTUALLY AGREED by and be the parties 5 3.. hereto as follows, TO WIT: jxf 1 INSTALLATION' OF WORK j It is fuealer agreed that: A.:' The DEVELOPER shall u..tall and complete the Work within one (1) year from the V, j 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 complete the Work within the.specified period of time, the CI'T'Y at its sole option, shall be authorized to complete the Work in.whatever manner the CITY shall decide: In the event the CITY completes Z:`the Woxic, the CITY, recover any and all costs incurred thereby from the DEVELOPER or the DE'6J'ELOPER'S surety or both. f " .' <,1aN l tie + s 5 :. ;: .. . :•.. .. . fi I3 The, DEVELOPER shall install and co y#e the mpl 'Work in a good and workmaxilrke ' maniier:'in accordance with the Plans as approved by the City Engineer of Cupertino. The, Work xf shall be` performed under the inspection and with the approval of the City Engineer. .Tlxe Work s ! t t `3 `shall be;done rn accrdance unth the existing ordinances and resolutions of the City.of CUP ertino, s "4 and in accordanre witlx all plans, specifications, standards, sizes, lines and grades.appr ®ved by t .: <, the C. Ike ;Word shall be done i n accordance with all State and County St�itutes y,,Engineer w ; : � 7 applicable thereto, _The decision of the City Engineer shall be final as to whether any material or i "N lans, sizes, lines :and xades asset forth Y. 3 `� fi rvorloinr�iislup meets the standards, specifications, p g' 14A 5 _ rs' further agreed that the,'V�urk'shall be done in accordance with the most current rF; 3 °a fi ,Standard Specifications of the Department: of Public Works, Californi a Department of Z'ransportatioii, State of California, andm accordance`with.the specifications,of the Cupertino sanitary Dist ict,where` applicable: Wherever the vNOr�ds "State'p or "California Division of ' Specifications, it shall be considered as referri ng to the `Highways race mentioned in the State Specific �� ¢ CI Z'Y of Cupertino; also wherever the °'l�ircctor" or "Director of Public Works" is mentioned, it ri 'sha11 be considered,as referring to the City .Engineer.., dY Cn case'of conflict between the State Specifications and the specifications of the CITY arid/or:the Cupertino SanitrAry District, the specifications of the CITY and /or the Cupertino y, Sanitairy District shall tare precedence over and be used in Ilan of such conflicting portions. afi 2. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY l:y 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, " blic place. It is further agreed that the DEVELOPER shall notify the alley,' sidewalk, or other pu ' when the proposed excavation is to commence. City Engineer of the exact date and time 3.. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim ;a "all his`rihts and interests in, and shall grant to CITY authorization to extract water from the File No.: 52,074 - Unit 3 Page 3 of 10 �S} t� q t'sd y r ergraund strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Atithorization" in favor of CITY, when presented to him for signature. 5 ° 4 'BONDS AND OT14ER SECURITY Uponthe eaiecutioaofthe AGREEMENT, the DEVELOPER shall file with the CITY a faithful perfo`rrrarce bond to assure his full and faithful performance of this, AGREEMENT. The penal suao 'd said faithful performance bond shall be the full cost of any payment to be made underthis -AC 'AGREEMENT' the value of any land agreed to be dedicated, and any improvements s to tie mad^: aurdec. this 11GREEMENT. Tn the event that improvements are to be made under this " ,; k s �' A GRELIVI'ENT,Nthe IEVELOPER slxall, in addition to said faithful performance, file with the ' S' ' CIS a lal;ar. aril! materials bond in a penal sure adequate to assure full payment of all labor and r �,. materials reauired to construct said improvements.. The amount of said bonds shall be as 4` °h designated by t(xe City_Engineer. Said bond> shall be executed by a surety company authorized to �ra�nsact a surety.,, b'asiness iri the State of California and must be approved by the City Attorney tr as o forriiandLby; the City Engineer as to' °sufficiency. In the event that the DEVELOPER shall f t fail'agtlifiaiy to perform the covenants and conditions of this AGREEMENT, or to make any payment it any dedreaiion of land, or any improvements herein required, the CITY shall call on r + L3 the,suftV i6 perform this AGREENlIENT or otherwise indemnify the CITY for the DEVEiWi7PER'S'ffailureto sa do Heir io a'surety bond, the DEVELOI'E . shay elect to secure this AGREEMENT, by eu ;> depasiting;vvrth the'C.ITY: YS ,{ f .. Cash ;"or,.... r, g r A cashier'w check; or a certified check payable to the order of the City of t Cupertxno'or, : 3. A certificate of deposit, or instrument of credit rm°ting 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 .vent 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. 1. 5clxed tile for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council B. Release of the remaining 10 percent of the perfonnance bond at one year from acceptance after all deficiencies have been corrected and in. the absence of any claim against such bond. Pile No.: 52,074 - TJnit 3 Page 4 of 10 64 ill INDIRECT EXPENSES agreed that DEV It is er� ELOPER shall pay to CITY, prior to execution of this processing these improvements, the amount as set A6AEEMENT,'indirect expense allocable to b irth hir6in at Page 2 (Part D). Page 5oflO File No.: 52,074 - Unit 3 Val P�Taa .7 MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with City; prior to execution oI t� this AGREEMENT, for office checking of final map and field checking of street monumdnts, in, compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04161) of CITY, the as set - tiE forth' herein at Page 2 (Part I). .8: DEVELOPMENT MAINTENANCE DEPOSIT It `is fa rther agreed that the DEVELOPER shall pay to the CITY, prior, to executii n of tlus AGREEMENT, the amount set forth herein at Page 2 (Part E) as a, development ', k maintectance'deposit to insure proper dust control and cleaning dzmng the constirdctior; pe' iod ° The developxrieafmaintenance ;deposit maybe utilized for repairs ofdefects aril impo' dttioas arising out of or due to faulty workmanship and/or materials appearingQiL laic .fork d4 -rang the ,period u' ntil release of the improvement bonds by the CITY. Should the DEVELOPER Womplete { r the recquared repairs;to th "e entire satisfaction of the CITY, the unused balance w� 11 ae r`eiurned after, the release of the improvement bonds. w, 4 9 r STORM bi INAGE FEE fIf is,finrther agreed that the DE'V'ELOPER shall depo:,it wath.the CITY, per to exec>gtioiz a of the ;AGREENIE' 1'T, a stoi'm drainage charge in corirtectiot►'wYth "said Prb�ect in accordaiace . ; v�nth the regiiixen�ents established in Resolution X4422, Marea 21,1977, in the amount asset Earth f hereim at Page 2 (Part F) t 10. ONE YEAR POWER. COST s It is futher agreed that the DEVELOPER shall pay to CITY prior to'exectttion of the e` AGREEMENT, the amount as set forth herein at Page 2 (Part Cs), which amount represents the power cost for street lights for one year. 11. THE INSTALLATION OF STREET TREES F 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 thq City approved list.. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to d ie 'CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is fuuther stipulated. under Fart J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 1991, and Section 18- 1.602 of the =` Cupertino 1Vlunicipal Code. _i '' • .. e "V it 1t I. V ] �� 13 MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of `M one ,(1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies `in the Work are corrected to conform to the Plans and the CITY standards an specifications for the `fork, whichever is the later to occur. The DEVELOPER shall, upon ,;, wntten notice thereof, immediately repair or replace, without cost or obligation to the City.of R r ,Cupertino, and to'the entire satisfaction of said CITY, all defects and imperfections arising out of t`r 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 AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has �t entered,mto a separate AGREEMENT with the said District to install sanitary sewers to serve all �, �' lot`a withinsaid Project and stating that a bond to insure full. and faithfasi performance of the F construction of the said sanitary sewers and to' insure maintenance of said sanitary sewer in conformance with the provisions asset forth in Paragraph 13 above has been`filed. ; 15 BUSINESS AND'PROFESSIONS CODE Zh It is further agreed that DEVLOPER shall file with CITY upon execution of this AGREEM1'NT, substantial evidence that all provisions of Section 11603- Article 8, Chapter '4 of the Business and Professions Code, pertaining to special assessments or bonds, have been { complied with s 16 'CENTRAf. FIRE DISTRICT It is ffutlter agreed that the DEVELOPER shad file with the CITY, upon execution of the F�GREEMENT, a letter frazrr 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 fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING - P.G.and E. RATE SCHEDULE SHALL APPLY 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 ii dergro�,und vriiing circuits to all electroliers within said property and any and all fees required for undergroundirig 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 u fe'es' are due and payable. File No.: 52,074 • Unit 3 Page 7 of 10 92 'T", �.. r ' 19. EASEMENTS AND RIGHT RIGHT -OF -WAY #} a It is fiuther agreed that any easemc; + .ght -of -way necessary for completion of the 4 Project shall be acquired by;the DEVELOP! Ms own cost and expense. It is provided, s=4 r tti hciwever', that in the event eminent domain proceedings are. required by the CITY for the purpose v of securing said easement and right =of way, that the DEVELOPER shall deposit with CITY a ,¢, suixt` covering the reasonable market value of the land proposed to be taken and to be included in said suin'shall be `a reasonable allowance for severance damages, if any. It is fitrther provided that,in addition thereto, such sums as may be required for legal fees and costs, engineering, and k ., .other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. c 20. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the s DEVELOPER or his contractor and continuing until the completion of the maintenance of the btu `s Work as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless'and defend the City frown and against any or all loss, cost, expense, damage or liability, or claim S S i {thereof, occasioned by, or in any way whatsoever arising out of the performance or, ? r` rionper£ormance of the;VJork or the negligence or vvillf d misconduct of the DEVELOPER or the' DEVELOPER'S agents,'employees'and independent contractors { t; 1 k. r t )} Y ` b = 21, ' INSURANCE . further agreed that: The DEVELOPER Shall take out, or shall require any contractor . 4 # engaged to perforrYi the Work to take out, and maintain at all'tirnes dtacing the performance aatd 4d s maintenance of the Work'caflled for or required io be done hereunder, a policy of insurance . S ' g.. ty, p y nar6i the CITY�and members of the Ci Council of the Ci of Cu ertino 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 pa'operty'daanage coverage to the . ,foregoing named CITY and individuals covering all the Work performed by, for, �or on behalf of T„ sai d :DEVELOP'ER. 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 s shall be primary coverage to the full limit of liability, stated in the declarations, and if the City, its mern.i ers' of the City Council individually and collectively, and the officers, agents, and emplo` y -es of the CITY, individually and collectively, have other, insurance against the Toss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy.. 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, properi•;� damage, $50,Q00 on account of any one occurrence with an aggregate limit of not less than $200,000. v 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 File No.: 52,074 - Unit 3 Page 8 of 10 1. � ' shall bear an endorsement precluding the cancellation or reduction in coverage with giving tle'City Engineer at least ten (10) "days advance notice thereof. Y C. In the event.that the project covered herein should be mutually situated in or affect the area of jurisdiction f a separate municipality or political subdivision of the State of Ctalifornia,`the policies of insurance z -wired herein and above shall co -name such municipality or political subdivision and the provision s:t equally apply to municipality and political a subdivision. " 22. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agz:;es to deposit with the CITY those monies required to comply with "Policy on Water lyIain Extensions Work.auid Deposits: dated September 9, 1977. The deposit shall be held by the CITY until said moni-.s are needed to implement improvements outlined by the Director ofPublic Works or imlrroven►ents outlined within; an adopted Water Master Plrui. The amount sham herein at'APT;Y shall be the full amount due. { 23 MAP AND /OIL. IIv1PR0*i f' { x ? It is further agreed that the CI" ,A'die following map and/or plaits at the 'M ,... DEVELOPER'S expense A. ` A mylar sepia and thirteen (13)11 tints of fully executed tract map. B. A .mylar sepia and ten (10) prints of fully executed improvement plans. C, A direct duplicating silver negativ t microfilm aperature card of all executed improvement plans. and map. , The DEVELOPER agrees to pay the CITY from the development maintcnance deposit S. the cost for all prints of plaits and map required under Item 23. „ 24. TERMS AND CONDI'rIONS It is fiuther agreed that the above named terms and conditions for the said Tract shall. bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be ;.wade without approval by the City Council of said CITY. 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 p7 Notary Acknowledgment Required Exhibit A Attached CITY OF CUPERTINO: Approved as to form: Mayor(/ 'City Attorney Ci6tlerk, DEVELO PER -. The O'Brien Group, A California Corporation A0 V C;- p7 Notary Acknowledgment Required Exhibit A Attached CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa'Clara On July 7, 1998, before, me, Yvonne L. Kelley, Notary Public, personall)L�4ppea r-d s) whose c _k Steve Zaies, proved to me on the basis of satisfactory evidence, to be thcvers�p OGRs)(! spare subscribed to the within instrument and acknowledged to me that they executed the same i�herhheir (s) and Chai by hi her/their fi �ar 61 s), or the entity upon behalf of which the gn ro igna r s) on the instrument th, erg C S) acted, 'executed the instrument. 'MTPT S; my hand and official seal. ------ YVONNE L. KEU_EY IMMY IU1,U 0 - CAI LIFORNLA COMMISSION # 1161077 tiP SANTA CZAR COUNTY My Comm. Exp. Nov. 0, 2001 Signature of Notary qc OPTIONAL Though the data below is not required by law, it may prove valuable to person s) relying* on ., the docume'nt and could prevent fraudulent re-attachment of this form. CAPACffY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporat.- Officer, nm­­ h-4—t—t- 17— Fiouslnh Declaration of Resale Convols PARTNERS LIMITED GENERAL TRUs,rEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: O'Brien Group TITLE OR TYPE OF DOCLIME'N'r ATTORNEY IN FACT Ten NUMBER OF PAGES Afly_2, 1998 DATE OF DOCUMENT M State of California ,County of Sahta.Clara On July 8, 1998, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Wally Dean and Kimberly Smith, personally known to me to be the persons whose names is subscribed to the within instrument and acknowledged to, me; that they executed the same in their authorized capacities and that by their signatures on the instrument the ROBERTAANN WOL E persons, or the entity upon . behalf Of which the Comm, No. 1147789 NOTARY PUBLIC - CALIFORNIA C0 persons acted, executed the instrument. -SANTA CLARA COUNTY My commission Expires 21 2001 WrITSJuly my hand and official' seal. !�Ignature of Notary OPTIONAL Though the data...below is not required by law, it may prove valuable to persons relying on the document and. coUlld prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT OINDIVIDUAL 'CORPORATE OFFICER Y-- Tract Agreemqn_t, The 0'30en Group. Tract 9076. TITLE OR TYPE OF DOCUMENT ❑PARTNERS OLIMITED QGENERAL -7 Ai:� �0PNPV-IN-I=ArT 13TRUSTEE(S) [3GLIARDIAN/CONSERVATOR C30THER SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: City of Cupertino Ten NUMBER OF PAGES June 15, 1998 DATE OF DOCUMENT City Attorney. Developer SIGNER(S) OTHER THAN NAMED ABOVE 9 RECORDING REQUESTED BY I DOCUMENT: 14274455 Titles 1 / Pages: 13 I� I I iI I I Fees—.- No Fees I �!! Taxes ... �I III I I I Copies.. pies .. _ AMT PA I D BRENDA DAVIS RDE 0 102 SANTA CLARA COUNTY RECORDER 7/09/1998 Recorded at the request of 3 :31 PM Financiai Title Company !s y T vrT,4 46, REC-- �IEAJT- Z,/1 t r ' h C iF z, 0 Original 0 For Fast Endorsement i TRACT AGREEMENT TRACT. # 9077 - Unit 4 (Areas 1) The O'Brien Group Cristo Rey Drive This ACr1tEEMENT, made and entered into this L day of '�w� , '199P, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated' as CITY, and The O'Brien Groton,, A California Corporation, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated as TRACT # 9074 - Unit 4 34 Lots Cupertino, California, hereinafter designated as the "Tract "; and WHEREAS, said map shows certain courts, drives and roads which are offered for Y dedication for public.use; and :WHEREAS, CITY hereby approves the improvement. plans and specifications prepared for the Traci. by Brian Kangas F'oulk, a true copy of said improvement purls and specifications are 6n,file in the Offire of the City. Engineer of Cupertino; and `WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, TH1MMFORE, said improvement plans and specifications shall be hereinafter called the "Plates," and the work to be done under the Plans shall be called the "Work." i File No.; 52,074 - emit 4 Page 1 of 10 t WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby amounts of Bonds, Fees, and Deposits as set forth in the following schedule: established the SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: , PART A. Faithful Performance Bond: Onsite Improvements: $ 707,000.00 Landscape: (Tree pockets and side Grading: walk improvements): $ 183,000.00 $ 31,000.00 Joint Trench: $ 212,000.00 F PART B.. Labor and Material Bond. Onsite Imp rovements: ,, " $ 707,000.00 r, Landscape: (Tree pockets and sidewalk improvenae�its): $ 31,000.00 PART C. Checking and Inspection Fee: (Includes Grading Permit) -451- 510 $ 39,737.76 TART. D _. Induect pity Expenses: PART E ' Development Maintenance Deposit: N/A $ 3,000.00 � -i10- 206 =100 PART F. Stoim Drainage twee :. Basin 2 : Account #:.215 -415 -002 $ 19,221 AO 1 PART G. One Yeai: Power Cost r. 110- 451 -508 $ 450.00 k , PART H. Street Trees: By Developer. t PART I.- Map Checking Fee: $ 932.00 ' 110 -451-520 s . PART ;l'. Park gee: `ZONE I _ ACCT #: 450- 416 -011 PART K. Water Main Reimbursement Fee: 610 -460 -200 N/A PART L. Maps and/or Improvement Plans As Specified in Item #23 * Three (3) lots dedicated to the City of Cupertino, lot no. 2 and lot 13 in neighborhood 3, lot no. II in neighborhood 2. ; - No final inspection and or orcupancy shall be issued after twenty -five (25 %) of the total $ units (Unit 1 -5) without the water tanit being built and in permtion, - All fees to be paid at escrow per escrow instructions. ` - Landscape bond can be.replaced in portions as lots are being dtivelopaed. •, Sf !vile No.: 52,074 - tin it 4 Page 2 of 10 z 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 complete the Work within the specified period of time, the CITY at its sole option, shall be a uthorized to complete CITY completes lete the Work in whatever manner the CITY shall decid6. In the event the C the,'Work, the CITY may recover any and all costs incurred thereby from the DE VELOPER or the DEVELOPER'S surety or both. The DEVELOPER shall install and complete the Work in a good and.workminlike manner in accordance with the Plans as approved by the C ity Engineer of Cupertino, The Work shall "be' performed under the *inspection andwiththe approval of the, City Engineer. The Work shall be done in acco rclance`iMh the existing ordinances and resolutions of the City of Cupertino AV � zi' and in acc6rdind'ewith "all, plans specifications statidaids, sizes; and grades' approved by the City Engineer. The-Work shall be done in accordance with all. Stete and County Statutes applicable thereto. The decision of the, City Engineer shall be dial as 'to whether any material or workmanship meets the standards, specificatio'ns,'plans, sizes, lines and grades as set forth. Cs 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 spe cifi cations of the Cupertino , Sanitary District where applicable. Wherever the wo rds 'State" or "California Division: of Highways'.' are mentioned in the State Specifications, it shall be considered as referring to the f Cupertino; "Director" or "Director of Public Works" is mentioned, it CITY 0 also wherever the shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY Sanitary District, the specifications of the CITY and/or the Cupertino r the Cupert Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 2. 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 permi it from the City Engineer before the f any excavation in, on, commencement 0 or tinder the surface of any, existing public street, lane, alley, sidewalk, or other public place. It is ftirther agreed that the DEVELOPER shall notify the City Engineer of the exact 0te and time when the proposed excavation is to commence. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim t to CITY authorization to extract water from the all his rights and interests in, and shall grant 3 of 10 File No.: 52,074 - Unit 4 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. 4. BONDS AND OTHER SECURITY A, Upon the execution of the AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure. his full and faithful performance of this AGREEMENT. The "pearl 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 `'AGREEM E NT ,'the DEVELOPER shall, in addition to said faithful performance,, file with the IT Y, a labor and materials bond in it penal sun adequate to assure full payment of all labor and a tt j materials required t6 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 duthorized ' m to transact a surety business in the State of California and must be approved by the City'Attomey forrri'and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fa�l faithfully to.perform'the covenants and caiaditions ofthis AGREEMENT, or to make•any paymer<t, or any :dedit;ation'of,land,'or �iiy improvements herein required, the Ci.TY shall call on ' ¢_ the�surety, to perform this, AGREEMENT oi'otherwise indemnify the CITY for ",the DEVELOPER'S failure'to so do. a F BJ In llou of a surety ,bond, the DEVELOPER may elect to secure this AGREEMENT by depositirAg with the'CITY: n 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 instrurlent 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 r ' 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. 1. Schedule for bond and insurznce release for paper bonds are as follows: a A. Release of 90 percent of the faithful performance bond upon acceptance by City Council B. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Pile No.: 52,074 - Unit 4 Page 4 of 10 E } A. Release "of 45% of bond upon acceptance by City Council. 3 B. Release of additional 45% at six months from acceptance "after all C. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. a C. -Release of remaining 10% at one year from date of acceptance �t af`,� t` all deficiencies have been corrected and in the absence of any ' D. Liability insurance, provided by the developer to hold the City harmless in the event of liability arising from the project, to be retired at the end s of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. r` from the su'bje'ct project, at the end of one year if all deficiencies have 2. , Schedule for Bond'and Insurance Release for Cash, CD, Set -Aside Letter s:... are as Follows:... } A. Release "of 45% of bond upon acceptance by City Council. 3 B. Release of additional 45% at six months from acceptance "after all deficiencies have been corrected and in the absence of any claim against such bond. a C. -Release of remaining 10% at one year from date of acceptance �t af`,� t` all deficiencies have been corrected and in the absence of any ' claim against such bond. s D. Release of the liability insura nce; provided by the developer or . contractor to hold the. City harmless in the event of liability arising ry` from the su'bje'ct project, at the end of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. Y { E. No interest shall be paid on any security deposited with the CITY. 5a CHECKING AND INSPECTION FEE It is f irthet agrcc -d that DEVELOPER shall pay any and all necessary direct expenses for _.,. inspection, checking, etc., incuircd by CITY in connection with said Project, and that IJE!VEL(�PER have deposited with CITY, prior to execution of this AGREEMENT, the shall am punt as set fotth'herein at Page 2 (Part Q. Should construction cost vary materially from the ;estiriaiats from which said suin is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof 6. 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). 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 Iist. . ` 12. PARK FEES it is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to as is required within "Park Dedication Ordinance" Number 602, the CITY, prior to execution, 1972, and which is fin -ther stipulated under Part J, Page 2 herein - Fees are also in accordance f ' ` with action adopted by the City Council on March 19,199 1, and Section I �-1.6 ,02 of the t Cupertino Municipal Code. . r File No.: 52,074 < Unit 4 Page 6 of 10 0 .13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work;, whichever is the later to occur. 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 sai d CITY, all defects and imperfections arising out of or due to faulty, worki.nanship, and/or materials appearing in said Work. 1:14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon, execution of this 6kEEMENT, aletter from .the .Cupeitino Santa —. Disc Distfict stating that the DEVELOPER has A: entered into ' aseparate AGREEMENT; with the said District to install sanitary sewers to serve all 7" lots' within said Pr 1 oJect and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure mainten. -mce of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. 'ttJSINE9S'AND PROFESSIONS CODE -eed DEVELOPER shall file with CITY, upon execution of this It is fu agi that DEVE AGREEME NT, substantial evidence, that all provisions of Section 11603, Article 8, Chapter 4 of 66 Business and Professions Code pertaining to special w, sessments or bonds, have been ciomplied wi 16. CENTR! FIRE DISTRICT It is fikher agreed that the DEVELOPER shall file with the CITY, upon execution of the AGREEHENT, 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 necessm-y fees have been deposited with said D strict to insure installation and five (5) year rental fee of said hydrants. 17. STREET LfGHM Kj P.G.and E. RATE SCHEDULE SHALL APPLY at the DEVELOPER shall apply for the installation of electric power It is further agreed that tri forstteet 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 Eleictric Company and/or to PACIFIC BELL any and all fees required for installation of overhead and/or wiring circuits to all e1cctroliers within said property and any and al underground I 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 BELL that said fees are due and payible. 19. EASEMENTS AND RIGHT RIGHT -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 ' Y with the. City of Cupertino. 20.; HOLD HARMLESS 1: is further agreed that, commencing with the performance of the Work by.the ' DEVELOPER'or his :contractor and continuing until the'completion ofthe maintenance ofthe V4�ork as :prmvided'in Piiagraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the City froth end against any or all loss, cost, expense, damage or liability; or.claim . thereof; "occasiorred by or in`any.rvay �!hatsoever wising out of the performance or . nonperformance ofthe Work or the negligence or willful misconduct of the DEVELOPER or the �a REVEL ®PER'S agents; employees and independent contractors. SY r 21. IAISURANCE It is further agreed that: The DEVELOkR shall take out, or shall require any contractor engaged to`peforn the Work to take out, and maintain at all times during the performance and main of the; W®rk called for or required to be done hereunder, a policy of insurance nalming;tlie CITY and members `of the City Council of the City of Cupertino; ,individually and collectrv�ly, an the officers; agents and employees of the City individually and collectively, as insure d :`Said separate policy shall provide bodily injury and property damage coverage to the foregoiag coned CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER- EotlY bodily; injury and property damage insurance must be on an a° occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primtary coverage to the full limit of liability stated in the declarations, and if the City, its members of the City Council in and collectively, and the officers, agents, and employees df the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy.. 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 cf 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 1:ly 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 File No.: 52,074 - Unit 4 Page 8 of 10 CS) MN'f n' a �-,* "A NI ®r Notary Ackno Medgment Required Exhibit A Attached 1. I Cm M ` CALIFORNIA ALL- PURP ®SE ACKNOWLEDGMENTCALIFORNIA State' of California 4 C ounty of Santa Clara (7n July 7, 1998, before, me, Yvonne L. Kelley, Notary Public, personally a eared . . Steve Zales, proved tome on the basis of satisfactory evidence, to be thie s )whose ' (s)/are subscribed to the within instrument and acknowledged to me that they << executed the same in&her /their authorize ap z (s) and that byt'i lherlthe.r As) on the' instrument th a so s), or a entity upon behalf of which the sig ) �>f o s) acted;. executed the instrument. ` V�TTNESS my hand and official seal. YVONNE L Kit w NOTARY tUauo • CAt.l�t8 , wti 4 ° SCANT CtAPA COUNTY i �'� "' gnaiure` of Notary Si OPT'IONAL�a f7 ` .''hough the data be prove val ow is not required by law, it may uable to personts) > re ly ng on ri z the °document and `could prevenit fraudulent re- attachment of this form. ° , } CAPACItTY CLAIMED i3X SIGNER DESCRIPTION OF A17ACHI�D DOCUMEL+1T t y't� indrvduai. _ ' t, Corporate Officer Below Market Rate Housine Decinration of Resttlr Cc ntroiti TITLE OR TYPE OF ®O ^UMGNT PARTNERS LIMITED GENERAL ATTORNEY IN FACT b TRUSTEE(S) GUARDIAN /CONSERVATOR Ten OTHER NUMBER OF PAGES - JuIXz. 1998_ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: O'Brien Group M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 8, 1998, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Wally Dean and Kimberly Smith, personally known to me to be the persons whose names is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the �ooa °x°°c'°°�°�'°�saoo�ao°oo°so persons acted, executed the instrument. ROBERTAj%NN WOLFE FE COMM. No 1147789 NOTARY pU13LI6. C ALIFORNIA C>n SANTA i C LA RA COUNTY N T y o hY CO MmIsSion Expires July 21, 2001 � V WITN my hand and official sea[. �T f v S Agnature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. I'M CAPACITY CLAIMED BY SIGNER OINDIVIDUAL CORPORATE OFFICER OPARTNERS ❑LIMITED OGENERAL E3TRUSTEE(S) 13GUARDIAN/CONSERVATOR ❑OTHER SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: City of Cupertino DESCRIPTION OF ATTACHED DOCUMENT Tract AqreR-M—'9-n—t­Th0 O'Brien GrouR, Tract 9077 TITLE OR TYPE OF DOCUMENT ATTORNEY-IN-FACT Ten NUMBER OF PAGES A!re 15, 1998 DATE OF DOCUMENT CI_ ty Attorne .Developer SIGNER(S) OTHER THAN NAMED ABOVE T TRA!CT A,GREEMI NT F N ` TRACT # 9078 - Unit 5 (Area 1) ' Y x The O'Brien Group ' Cristo Rey drive NTI 'Tlirs AGREEMENT made and entered into this /J' 'day of 199P,.liy and i +' S between the CITY OF CUPERTINO, a municipal corporation of the State of California, ' ' ' ` hereinafter designated as CITE', and The O'Brien Gronn�, A California Corporation; hereinafter designated as DEVELOPER. WITNESSE'TS. �' x GVFMiRtAS, •said DEVELOPER desires to subdiiiide. certain 1 Al, L n and wither, the City of }tG�upertrno ari accordarice'vvi th the map heretofore tiled with the City Council of the City, of COY »eerf�no;:marked and designAted as TRACT # 9078 ili�it 5 (51 L013j Cupe Arno, Calr%rriia, % "" he °r�eiriafterdesagriated as 'the "'Tract ", and said map shows certain'cottrts, �h7ves and roads which are offered for . 'dedatrari far;publrc use; and zu, * ' 1 ;, WT E .EAS, CITY hereby approves the improvement plans afid speditYCatrcrris prepared *fAr the Tract by ;� aae Kan, 'oullt ' a true copy of w ;d;improvernent plans'and specifications Ott f s , � $ are On'file an :he ;CJffice of the Crty, bigineer:of Cupertsnis; and , > �� 4s x W[EILEAS 'the seine are inCOrn orated herein by reference, the same as though set out in :.: THEREFORE, said improvement plans and slieci$ications shall be hPreiriafter called the 'Plans,'!; and the work to be done under the Plans'shall be called the "'Work." A i F�a, rr ti i Pile No.: 52,074 - Unit 5 ME11- MV REAS, 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: Onsite Improvements: $ 557,000.00 Grading: $ 183,000.00 Landscape: (Tree pockets and sidewalk improvements): $ 32,000.00 Joint Trench: $ 258,000.00 PART B. Labor and Material Bond: Onsite Improvements: $ 557,000.00 r Landscape:, (Tree pockets and sidewalk improvements): $ 32,000.00 PART C. Checking and Inspection Fee: (Includes Grading Permit) $ 32,187.76 110-451-5;O TART) Indirect City Expc: aces: IV /A : ; PART E Development Mainwnance Deposit: $ 3,000.00 t ri 110- 206-100 ., ... PART P. Storm'Drainage Fee: Basin 2 $ '19,221.00 '' Account: 215 -415 -002 Ci. One Year Power Cost . $ 525.00 110- 451 -50$ PART 1 i Street Trees: By Developer r PART I:.. Map Checking; Fee; $ 842.00 110- 451 -520 PART J. Park Fee: ZONE I y' 4804416 -011 4 PART K. Water Main Reimbursement Fee: N/A f 610 -460 -200 PART L. Maps and/or Improvement Plans As Specified in item #23 * Three (3) lots dedicated to the City of Cupertino, Hot no. 2 and lot 13 in neighborhood 3, lot no.11 In neighborhood 2. - No fiscal inspection and or occupancy shall be issued after twen ty-five (25%) of the total units (Unit 1 -5) without the water tank being built and an operation. - All fees to be paid at escrow per escrow instructions. - Landscape bond can be replaced in portions as lots aa•e being developed. ;M - - File No.: 52,074 - Unit 5 Page 2 of 10 I File No.: 52,074 - Unit 5 Page 3 of 10 underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim t Deed and 'Authorization" in favor of CITY, when presented to him for signature. 4. BONDS AND OTHER SECURITY x 4 B. In lieu of a sure bond, the DEVELOPER may elect to secure y t3' y this A GREE11r ENT b depositing with the CITY: a.r 1. Cash, or, 2. A cashier's check, or a certified check payable to the order ofthe City of Cupertino or, 3. A certificate of deposit, or instrument of credit meeting .' the recuirenrients of Government Code Section 66499 (b) or (c). C. The amount of said cash, checks, certificate of deposit, or instrurrient ofcreditshll be as designated by the. City Engineer, and shall be the equivalent to that which would have been.. '` reequired had the DEVELOPER furnished the CITY with a surety. bond.: In the, event that me: DEVELOP-E R shall fail faithfully to perform the covenants and conditions of this AGREE1,viENT, 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. 1. Schedule for bond and insurance release for paper bonds are as follows: A- .5 5 C. Release of the entire labor and material bond at six months from x acceptance after all deficiencies have been corrected and in the absence of any claim against such bond: D. Liability insurance, provided by the developer to hold the City harmless in `he event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 2. Schedule for Bond and Insurance Release for Cash, CD, Set-Aside Letter are as Follows: A. Release of 4501/0 of bond upon acceptance by City Council. B. Release of additional 45% at six months from acceptance after all ,1 cicncies have been corrected and in the absence of any claim against such bond. r" C. Release Release of remaining 10% at one year from date of acceptance i after all deficiencies ha ite been corrected and in the absence of any ' { claim against such bond. h i D. Release of the liability insurance, provided by the developer or a. <; contractor to hold the City harmless in the event of liability arising from the subject project, at the end of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. 4 - ' E. No interest shall be paid on any security deposited with the CITY. 5. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay a and all necessary direct expenses for iry 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 forth herein at Page 2 (Part Q. Should construction cost vary materially from the estimate fiord which said sum is calculated, the City Engineer shall notify DEVELOPED of any additional sum clue and owing as a result thereof. 6 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). Page 5 of 10 Cite No.: 52,074 - Unit 5 "1 7 MAP CHECKING 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 'compliiince with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set orihfie'rein a t Page 2 (Part I). 8 DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this REEMENT, the am,junt set forth herein at Page 2 (Part E) as a development tP amtenarice deposit to insure proper dust control and cleaning during the construction period. The Aevelopnient maintenance deposit may by utilized for repairs of defects and imperfections arising o ut of or due to faulty worlananship and/or materials appearing in said work during the 'complete period m until rele of the improv=ent bonds by the CITY. Should the DEVELOPER e required'i-e0airs to the entire satisfaction of the CITY, the unused balance will be returned of the iinprov nt bonds. 'if e release eme 9: STORM DRAINAGE FEE is fi� lher agreed'that the DEVELOPER shall deposit with the CITY, prior to execution ;ofth6 AGREEMENT, a storm, drainage charge in connection with said Project in accordance wfth.t er'equiremeiats established in Resolution 4422, March 21, 1977, in the amount asset forth herein at Page (Part F). 10. ONEXEAR POWE -R COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGREEMENTr the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. - 11. THE INSTALLATION OF STREET TRE ES It is further agreed that the DEVELOPER shall, at such time ass 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. ti yx 12. PARK FEES It is finther 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, 19 L 72, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 199 1., and Section 18-1.602 of the Cupertino Municipal Code. Page 6 of 10 File No.: 52,074 - Unit 5 IMF t ' File No.: 52,674 - Unit, Page 7 of 10 a'. 19. EASEMENTS AND RIGHT RIGHT -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 of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY apse z . sum covering the reasonable market value of the Iand 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 z other incidental costs in such reasonable amounts as the CITY may require shall be deposited vv�tli "the City. of Cupertino. , t ` 20 HOLD HARMLESS f> fi� t It is further agreed that, commencing with the perf ®rmance of the Work by the W'_ kEas ppovaded his contractor 13 above the E Qe completion ofthe maanttrn rice of the p I'ER shall indemn�`fy,.hold harmless and, art n t'` �x Y defend the City froi and`against any or all loss; cost; expense, damage`or I bxlaty, or:clarxn ` thereof, occas�oxied by or in any whatsoever arising out of th e" 'pWrfiriznance`or k nonperformance of the Work or the negligence>or wrillful nv scond�isit "oi'tle D1irV EL " ®REI7 "or the DEVELOPER'S agents, employees and iaadependent contractors } $ 2l .INSURA.i C It is further agree 4 gr d that: The DEVELOPER .,hall take out; or shall require any contractor G, Rs engaged to,perforrn the Work to take ou4 and maintain at'll times' durtfig the performance and l mainteit�nce of the .Work called for or required to be `done hereunder, a poli�;y of insurance s` naming the,CITY and members of the City Council of. the. City of Cupertino, individually and collectively, rand the ofTicers, agents and employees of th6' City individually artd r.:ollectively, as insured. Said sep irate policy shall provide bodily injury. and property ilanaagc "coverago to the r foregoing named CITY and individuals covering all the Workperformed by; for; or on behalf of said DEVELOP Both bodily injury and property �damake insurance must lie on o an occurrence ,basis; and said policy or policies shall provide that the coverage afforded thereby y shall be primary coverage to the full limit of liability stated in the declarations; acid if the City, its members of the City Council individually and collectively, and the oI icers,'agents, and " employees of the CITY, individually end collectively, have other ins ura ce against the loss ` covered by said policy or policies, that other insurance sb al.l not be called upon to cover, a loss under said additional policy.. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,0043 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER small file with the City Engineer at or pdxor 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 i shall bear an endorsement precluding the cancellation or reduction in coverage without ivin the City Engineer at least ten (10) days advance notice therenf g g C.'; In the event that the project covered herein should be mutually situated in or affect the area ofitirisdiction of a separate municipality or political subdivision of the State of a California, the policies of insurance required herein and above shall co -name such municipality or political subdivision and, the provision set equally apply to municipality and political subdivision. 22. WATER MAIN EXTENSION DEPOSIT The DEVELOPER fiir�..her agrees to deposit with the CITI' .hose monies required to comply withPolicy, on Water Main Extensions Work and Deposits: dated September 9, 1977. ti :.The deposit shall be held by the CITY until said monies are needed to implement improvements otitliried by the'Di rector of Public Works or improvements outlined within an ;adopted Water Master ]Plan. The amount shown he at PART K, Page 2 shall be the full amount due. A , 23. MAP 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 m lar sepia and thirteen 13 Y p ( ) prints of fully executed tract map. E. ' 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. `y 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. zA 24. TERMS AND CONDITIONS It is further agreed that the above named ten-ns and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assigtnnent of this AGREEMENT shall not be made without appruval by the City Council of said CITY. Page 9 of 10 File No.: 52,074 - Unit 5 JUM V nlJ%JrMX%; The OlMen Group A California Corporation Notary Acknowledgment Required Exhibit A Attached SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: O'Brien Group CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 8, 1998, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Wally Dean and Kimberly Smith, personally known to me to be the persons whose names is subscribed to. the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the r,...., RC®ERTAANN WOLFE persons, or the entity upon behalf of which the v Comm. No. 1147709 persons acted, executed the instrument. de►► NOTARY PUBLIC- CALIFORNIA fn Q p . SANTA CLARA COUNTY Q My Commission Expir ®s " July 21, 2001 WITN my ha, nd and official seal. Si nature of Notary OPTIONAL _ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER ❑PARTNERS ❑LIMITED ®GENERAL OTRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: City of Cupertino (DESCRIPTION OF ATTACHED DOCUMENT Tract Agreement, The O'Brien Group, Tract 9078 TITLE OR TYPE OF DOCUMENT ATTORNEY -IN -FACT Ten _ NUMBER OF PAGES June 15 1998 DATE OF DOCUMENT City Attorney, Developer _ SIGNER(S) OTHER THAN NAMED ABOVE Page I of 10 File No.: 52,074 - Unit I ' 110451 -508 `PART H Street Trees; By Developer ' t PART I. ` Map Checking Fee: $ 491.00 110 -451 -520 PART J. Park Fee:. ZONE I ACCT #: 480- 416 -011 { PART K. Water Main Reimbursement Fee: N/A 6i0 -460 -200 PART L. Maps and/or Improvement Plans As Specified in Item #23 Waiter Tank Reimbursement: City's Share: {$250,000.00> k 5t. Joseph Ave. (25' vacation): 125 000.00 (Due to City) Credit to The O'Brien Group: <$125,000.00> Less discount 10 %: L12.50_0-00 Total Credit to The O'Brien Group: <$112,500.00> Developer agrees to post a letter of credit as security in the amount of $237,500.00 in which the Cit-z to release after completion of the water tank. * Three (3) lots shall be dedicated to the City of !Cupertino, lot no. 2 and lot 13 in neighborhood 3, lot no. 11 in neighborhood 2. No final inspection and or occupancy shall be issued rafter twenty -five (25 %) of the total units (Unit 1 -5) without the water tank being brain and in operation. All fees to be paid at escrow per escrow instructions. - Landscape bond can be replaced in portions as lots are being developed. File No.: 52,074 - Unit I Pige 2 of 10 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: Onsite Improvements: $ 232,000.00 Grading Bond: $ 188,000.00 Otf'site Improvements: $ 450,000.00 Landscape: (Tree pockets and sidewalk improvements & Tot Lots): $ 149,000.00 Joint Trench: $ 80,000.00 Park Agfeements: $ X9,000.00 :PART B. . Labor and Material Bond: Onsite Improvements: $ 232,000.00 Offsite Improvements: $ 450,000.00 Landscape: (Tree pockets and sidewalk improvements & Tot Lots): $ 149,000.00 Park Agreements: $ 209,000.00 `PART C. Checking and Inspection Fee: (Includes Grading Permit) $ 50,228.79 k 110- 451 -510 , PART D: Indirect City Expenses: N/A PART E Development Maintenance Deposit: $ 3,000.00 110- 206 -100 PART F.' Storm Drainage )Fee: )Basin 2 $16,641'.00 Account #: 215 -415 =002 PART G. One Year Power Cost $ 225.00 ' 110451 -508 `PART H Street Trees; By Developer ' t PART I. ` Map Checking Fee: $ 491.00 110 -451 -520 PART J. Park Fee:. ZONE I ACCT #: 480- 416 -011 { PART K. Water Main Reimbursement Fee: N/A 6i0 -460 -200 PART L. Maps and/or Improvement Plans As Specified in Item #23 Waiter Tank Reimbursement: City's Share: {$250,000.00> k 5t. Joseph Ave. (25' vacation): 125 000.00 (Due to City) Credit to The O'Brien Group: <$125,000.00> Less discount 10 %: L12.50_0-00 Total Credit to The O'Brien Group: <$112,500.00> Developer agrees to post a letter of credit as security in the amount of $237,500.00 in which the Cit-z to release after completion of the water tank. * Three (3) lots shall be dedicated to the City of !Cupertino, lot no. 2 and lot 13 in neighborhood 3, lot no. 11 in neighborhood 2. No final inspection and or occupancy shall be issued rafter twenty -five (25 %) of the total units (Unit 1 -5) without the water tank being brain and in operation. All fees to be paid at escrow per escrow instructions. - Landscape bond can be replaced in portions as lots are being developed. File No.: 52,074 - Unit I Pige 2 of 10 4YK' NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as'follows, TO WIT: r, " ` l INSTALLATION OF WORK It is fiu Cher agreed that: q A. The. DEVELOPER shall install and complete the Work within one (l) year from th e 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 complete the i . Work within the specified period of tirrnA, 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'DEVELOPEWS.suretyor both. ':.The` DEVELOPER shall install a 'ad complete the Work in a good and,workmanIike r f manner in aeeordance,with the Plans as approved by the City ]Engineer of Cupertino. The Work 4 i x^ shall be performed under the inspection and with the approval of the City Engineer. The .Work shall be clone an accordance with the existing ordinances and resolutions` of the City ',of Cup :itino, »r d-ir xn accordanc'e with itll plans, specifications; standards; sizes, lilies and grades approved';by the'City Engineer. The Work -shall be done in accordance with all State and Coin ntyStatutes, r applicable thereto. 'The decision'of the City. Engineer shall be final as to whether any material or k z workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. r �t C : It is further agreed that the 4'r►rork shall be done in accordance with the,niost 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 Sattatary District where applicable. Wherever tine words "State" or "California Division of Hiighways" are mentioned in the State Specifications; it sha,. 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. e 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. 2. 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 DIVELOPER shall notify the City Engineer of the exact date and time when the proposed excavatic a. is to commence. 3. QUITCLAIM 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 r File No,: 52,074 - Unit 1 Page 3 of 10 underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim s `:Deed aril Authorization" in favor of CITY, when presented to him for signature. 4. FONDS AND OTHER SECURITY A. Upon the execution of the 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 tender this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labob and rilmtenals 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 desxgilated by the City Engineer. , Said bonds shall be executed by a surety company authorized to transact a surety busi -ess' 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, io',&rform the covenants and conditions of this AGREEMENT, or to make any payiner t, or any dedication` of land, or aaly improvements herein required, the CITY shall call on the surety to perform this AGREEMI�'NTbr otherMse indemnify the CITY for lie DE'VELOPER!S failure to so do: B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT, by depositing vvith_the CITY. 1. Cash; or, 2. A >cashier's check, or a certified cheek, payable to the order of the City of ' Cl, �1'rtan0 (iry 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 City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER fLu fished the CITY with a surety bond. Ire 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. l . Schedule for bond and insurance release for paper bonds are as follows: A. Release o£90 percent of the faithful perfotma,zce bond upon acceptance by City Council B. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Page 4 of 10 Baum File No.: 52,074 - Unit I { 7. MAP CHECKING 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 compli an c e 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). 8. 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 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 clue "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 ai er the release of the improvement bonds. k p 9. ,STORM DRAINAGE FEE 41 .`. . ItJs 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). . 10. ONE YEAR PO Im COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGREEMENT, the amount as setforlh herein at Page 2 (Part G), which amount represents the power cost far street lights for one year. 11. 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. 12. 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 .T, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 1991, and Section 18 -1.602 of the Cupertino Municipal Code. 13. MAINTENANCE OF WORK. It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the 'Work by the City Council of the City of Cupertino, or B. File No.: 52,074 - Unit I Page 6 of 10 v r. 4 i } # Until all 'deficiencies in the Work are corrected to conform to the Plans and the CITY'standards r and specifications for the Work, whichever is the later to occur. 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 ofile with CITY, n on execution of this AGREEMENT, 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 4 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. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this i AGREEMENT, substantial evidence that all provisions of Section 11603, Article g, Chapter 4.of pnr the Business and Professions Code ,pertaining to special assessments or bonds have been complied with., r, 16. CENTRAL FIRE DISTRICT $ , , It is further agreed that the DEVELOPER shall file with the CITY, upon execution of the AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating 'tnatthe DEVELOPER. has entered into an AGREEMENT 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. 17. STREET LIGHTING - P.G.and E. RATE SCHEDULE SHALL APPLY 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 BELT, 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 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 BELL that said fees are due'and payable. ` 19. EASEMENTS AND RIGHT RIGHT -OF -WAY It is further agreed that any easement and right-of-way necessary far completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, Page 7 of 10 Pile No.: 52,074 - Unit 1 c. 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 CI'T Y may require shall be deposited with the City of Cupertino, 20. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the ti DEVELOPER or his contractor and continuing until the completion of the maintenance of the ,;Work as provided in Paragraph 13 above, the DEVELOPER shall indemnify, held harmless and f 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 F fi' DEVELOPER'S agents, employees and independent contractors. 21. INSURANCE It is father agreed that The DEVELOPER shall takeout, or shall require any contractor engaged to perform the Work to'take out, and maintain at alI times during tiie performance and maintenance of the Work called for or required. to be dens 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 DEVELOPED. 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 not be called upon to cover a loss under said additional policy.. 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. 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 givin13 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 File No.: 52,074 - Unit I Page 8 of 10 ' File No.: 52,074 - Unit I Page. 9 of 10. fk?. 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 7, 1998, before, me, Yvonne L. Kelley, Notary Public, personally a ared Steve Zales, proved to me on the basis of satisfactory evidence, to be the � q) whose (s.) (Pare subscribed to the within instrument and acknowledged to ine that they executed the same irqpher/their authorized(c::a:p: �cj (s) and that b her/their g (s) on the instrument the(fe so or the entity upon behalf of Which the �s) acted, executed the instrument. WITNESS my hand and official seal. YVONNE L4 %ARY WO CAL9F MM OM #CM1 NTY 181077 SANTA ��� AR A Mr Comm EXP. Ncffl. 8.2001 Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to person(s), relying on the document and could prevent fraudulent9te-attachment of this form I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer GENERAL TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: O'Brien Group Below Market Rate Housing De0aration of Resale Control:; TITLE OR 'TYPE OF DOCUMENT A'►70RNEY IN FACT Ten NUMBER or PAGES July 2.. 9 L,08 -- DATE OF DOCUMENT 1 . F TRA!QT AGREEMENT TRACT # 9076 - Unit 3 (Area 4) The O'Brien Group Cristo Rey Drive This AGREEMENT, made and entered into thls.1 day of 199 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and The O'Brien Group, A California Corporation, hereinafter designated as DEVELOPER. :WITNESSETH s' WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore file& with the City Council of the City of Cupertino, nnarked and des griated_as TItAC'T' #9076 -Unit d6T'Lots Cupertino, California, } 7 heminaier designate d;s the "Tract "; and sfi W%IEREA.S, said reap shows certain courts, drives and roads which are offered, for dedncation for puislic.nse; and WHEREAS r CITY hereby approves the improvement plans and specifications prepared . for the Tract by triami Kangns FouU4 €a true copy of said improvement plaits and specifications 4� are on file iri the Office of the City Engineer of Cupertino; and WHEREAS, the sage are incorporated herein by reference, the same as though. set out in NO�V, THEREFORE, said improvement plans and specifications shall be fiereinafteT rolled the "Plans, ". and the work to be done under the Plans shall be called the "Work" r Page I of 10 ''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 K' Street Improvement Category: . PART A. Faithful Performance Bond: Onsite Improvements: deferred Offsite Improvements: deferred . ' Grading: deferred r Landscape: (Tree pockets and sidewalk improvements): deferred , Joint Trench: deferred y PART B. Labor and Material Bond: Onsite Improvements:. deferred Offsite Improvements: deferred Landscape: (Tree pockets and sidewalk improvements): deferred ;PART C. ' Checking and Impection Fee: (Includes Grading Permit) deferred art 110- 451 -510 PART I Indirect City Expenses: N /A, PART E. Development Maintenance Deposit: deferred 110 -206- 100 .. s PART F. Storm Drainage Fee. Basin 2 deferred 4 r { Account #: 215 -415 -002 PART G. One Year Power Cost deferred r '110-451-508 ART H. Street Trees: By Developer PART' I. Map Checking Fee: deferred 110 - 451 -520 PART J. Park Fee: ZONE I ACCT #: 480 - 416 -011 PART K. Water Main Reimbursement Fee: N/A 610- 460 -200 PART L. Maps and/or Improvement Plays As Specified in Item #23 Three (3) lots dedicated to the City of Cupertino, lot no. 2 and lot 13 in neighborhood 3, lot no. I 1 In neighborhood 2. No finadi inspection and or occupancy shail be issued after twenty -five (25 %) of the total unit s (Unit Y -5) without the water tank being built and in operation. - Prior to begin construction all the fees will be paid at the then current fee schedule and bond shall be provided to the City based on the updated engineer's estimate. - Landscape bond can be replaced in portions as lams are being developed. File No.: 52,074 - Unit 3 Page 2 of 10 l NOW, THEREFORE, IT IS HERESY MUTUALLY AGREED by and between the parties hereto as fellows, TO WIT: X A; L' INSTALLATION OF WORD It is further agreed that: 41 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 complete the Work wi thin 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 3 the Work; the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. G 13. 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 z ;s shall be performed under the inspection and with the approval of the City Engineer. The Work sIiidl be done:in accordance with the existing ordinances and resolutions of the City of Clipertirio, x = and in accordance wi 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 thereto ;:The decision of the City Engineer shall be final as to whether any material or "workmanship nxeets the staidards, specifications, plans; sizes, lines 'and grades as set forth. It is further agreedthat 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, arnd in,accordance with the specifications of the Cupertino Sanitary District.where applicable'. Wherever the words "State" or "California Division of .; nwn6bned in the �c..i it sl ansa er as re i to the - CITY of Cupe rtin o ;'also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the pity 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. 2. EXCAVA flON 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. f 3. QUITCLAIM 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 File No.: 52,074 - Unit 3 Page 3 of 10 " underground strata Iying beneath said project and DEVELOPER agrees to execute a "quitclaim r Deed and Authorization" in favor of CITY, when presented to hire for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of the AGREEMENT, the DEVELOPER shall file with the CITY a faitfdulp*erforrnance 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, iiinprovements to be made under this AGREEMENT. In the event that improvement, 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 'labbr 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 cornpany.auth As*,. J' to,'transact a surety business in the State of California and must be approved by the"City Attorney z 3' as to form and by the City Engineer as to sufficiency. In the errent that theUEVElGC?PER; slriall`_ fail faithf Py to perform the covenants and conditions ofthis AGR.EI�MENT or ta:rria�e any fi {:t payrnent,'or any dedication'of land, or any improvements herein required; ;the CIT'X. shall 'call an the surety,to'perform this AGREEMENT or otherwise indemnify the CITY for the t UEVELOPEWS'failure to so do. r 1 ' B. In lieu of a surety bond, the DEVELOPER. may elect to secure this AGREEMENT by r ` depositing with the CITY 1 . l: Cash; or, rr 2. A :cashier's check, or a certified check payable to the order of the City of Cupertino or, i 3. A certificate of deposit, or instrument of credit meeting the regwrernents of Government Code Section 66499 (b) or (c). C. The amount of said cash, checks, certificate of deposit, or instrurrsen: oferedifshall be as designated by the City Engineer, and shall be the equivalent to that which would sieve beeti required had the DEVELOPER furnished the CITY with a surety bond. In the event that the "DEVELOPER shall fail faithfully to perform the covehants and conditions of this AGREEMENT, or to snake 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. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bored upon acceptance by City Council ' D. Release ofthe liability insurance, provided by the developer or contractor, to hold the City harmless in the event of liability arising from the subject project, at the 'end of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. E. No interest shall be paid on any security deposited v4th the CITY. i�ING AND INSPECTION FEE 5. CIC It is. further agreed: that JDEVELOPER shall pay, any and all necessary direct t pen se^ ; "3r inspection; checking, etc. 'incurr' by. CITY in connettion with said Project, and that DEVELOPED. shall have deposited with. CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part Q. Should construction cost vary materially fro; A. r , estimate from`whieh said surn is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof 6. 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 spa W. forth herein at Page 2 (Part D): File No.: 52,014 -Unit 3 Page 5 of 10 7. MAP CHECKING 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 (Devised 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 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 pmused balance "wi11 be returned after the release of the improvement bonds. 9. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, pprior 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). 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGREEMENT, the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. 11. 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. 12. 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 fiirther stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 1991, and Section 18- 1.602 of the Cupertino Municipal Code. File No.. 52,071- Unit 3 Page 6 of 10 13.. MAINTENANCE OF WORK If is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all de - ficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. The DEVELOPER shall, upon .-..written notice thereof, immediately repair or replace, without cost or obligation to the City of mo, 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 .AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has Vl entered into asieparate AGREEMENT with the said District to install sanitary sewers to serve all lots, withih 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 asset forth in Paragraph 13 above has been filed. 1,5.- BUSINESS AND PROFESSIONS CODE YJ It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 1160.3, Article 8, Chapter: 4 of tl e' Business pertaining. and Professions Code, daining. to special assessments; or bonds, have been COMPH64 with 16. CENTRAL FIRE DISTRICT It is further agreed that the DE VELOPER shall file with the CITY, upon execution of the AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, sta ting that the DEVELOPER has entered into an AGREEMENT 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. 17. STREET LIGHTING - P. G—and E. RATE SCHEDULE SHALL APPLY 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 f re ion of overhead and/or ees required for installati underground wiring circuits to all e!ectroliers within said property and any and all fees required for bridergrounding ns provided in Ordinance No. 33'1 of C ITY when DEVELOPER is notified I that Pacific Gas and Electric Company and/or PACIFIC C BELL by either the City Engineer or the said fees are due and payable. Pile No,: 52,074 - Unit 3 Page 7 of 10 ,.. 19. EASEMENTS AND RIGHT RIGHT -OF -WAY It is further agreed that any easement and right -of way necessary for completion of the r�r t 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 firtther 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 r It -is further agreed that, commencing with the perform ance of Work by:the " , DEVELOPER or his contractor and continuing until the completion of the mainten�ce of the . J Vx�`z�C as provided in Paragraph 1? aboveT the DEVELOPER shall indemnify, hold laarntiess aid °a °' oeend tltd City from and against any or aII lass, cost, expense, (lam' liability, ar "clairzi thereof, `occasioned by or in any way whatsoever arising out ofthc performance or, �t, d ` 1 nonperforrnan6e of the Work or the negligence or willful misconduct" of the DEV .tiPEl2 or the '`6 DEVELOPER'S agents, employees and independent contractors. 21. INSURANCE It is fiirther.agreed that: The DEVELOPER shall take out, or shall require any contmcctor engaged to peirfop Ye` Work to take out, and rirttaintr� n at all times during the peacorananee: and ' maintenance of Work called for or required to' +t -a done hereunder, a policy of insOrifice naming the 01i' and members of the City Couneii of the. City, of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as s insured: Said separate policy shall provide bodily injury mid property damage coverage , 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 as occurrence basis; and said policy or policies shall provide that the cove.t2ge affordi4 thereby shall be primary coverage to the full limit of liability stated in the declarations, and. if the City, its menihers 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 not be called upon to cover a loss under said additional policy., u, 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. ,<r B.. The DEVELOPER shall Me with the City Engineer at or prior to "the time of ;• execution of this AGRE EMENT 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. File No,: 52,074 - Unit 3 Page 8 of 10 File No.: 52,074 - Unit 3 Page 9 of 10 Pale 10 of 10 File No,: 52,074 - Unit 3 On July 7, 1998, before, me, Yvonne L. Kelley, Notary Public, personally a eared Steve Zales, proved to me on the basis of satisfactory evidence, to b e t f=rs s) whose Rwgare subscribed bed . to I the within instrument and acknowledged to me That they executed the same iiZoi her/their authorized jggi (s) and that b3oi /her/their on the instrument the(fsa s), or the entity upon behalf of which the 95(s) acted, executed the instrument. WITNESS my hand and official, seal. YVONNE L. KEUEY WMARY PUBUC CALIFORNIA ALIFORMA MMMISSION 40 1161077 SAINTA CLARA CMNTY My CMM. Op. Nov. a. 901 Sig&ture of Notary OPTIONAL . Though the data below i . s,. not required by law, it may prove valuable to person(s) relying on the document and could prevent fraudulent re-attachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer a(-� 10 —W Declaration of'Resale Controls TITLE OR TYPE OF DOW M E- NT I ATTORNEY IN FACT Ten NUMBER July 2J998e DATE OF DOCUMENT is File No.: 52,074 - Unit 5 Page I of 10 RAJ d . F WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established ;,he amounts cif Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS .Street lInprovement Category: t 4 ° "PART A. Faithful Performance Bond: Onsite improvements: $ 557,000.00 Grading; $ 183,000.00 Landscape: (Tree pockets and sidewalk improvements): $ 32,000.00 -Joint Trench: $ 258,000.00 P ZI B„ Labor and Material Bond: Onsite Iffiprovernents: $ 557,000.00 Landscape: (Tree pockets and sidewalk improvements): $ 32,000.00 PART C. Checking and Inspection Fee: (Includes Grading Permit) $ 32,287.76 140. 451 -510 _TART D Indirect Caty Expenses: N/A PART <E Development Ivlainten' ance.Deposat $ 3,000.00 y PART.F Storm Dram eyIee: Bann2 ". $ 19,221.gq 'A�ceount #: >215 -� is. 002 ` ' PART G 1 One •Year Po wer Gist $ 525.00 110 =45I 508: 3 5 F � J J - PART H Sixeet;'Trees ` By Developer - PART I: Map Checki g Fee: ; $ 842.00 - 110 451 -520 _Y PART J.' Park: Fee: "ZONE I ACCT #• 484=416 -011 x% PART K. Water Main Reimbursement :fee: N/A . > 6 0 -460 -200 T'AR'T L. Maps and/or Improvement Plans As Specified in Item #23 * Three (3) lots dedicated to the City of Cupertino, lot Sao. 2 rnd lot 13 in neighborhood 3, lot no. 11 iff neighborhood 2. No final inspection and or occupancy shall be issued after twenty -five (25 %) of the total units (Unit 1.5) without the water tank being built and in operation. All fees to be paid at escrow per es crow instructions. Landscape bond can be replaced in portions as lots are being developed. File No.: 52,074 - Unit 5 Page 2 of 10 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. INSTALLATION OF WORK 4 It is further agreed that: A., The DEVELOPER shall install and complete the Work within one (1) year from the date of execution ofthis 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 corplete the '%76rk within the specified period of time, the CITY at its sole option, shall be authorized to r 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 hie DEVELO]PER!S surety or both. B: 'ilae DEVELOPER shall install and complete the Work in a good and worksrianiike ak manner in aaccordance with`the Plains as approved by the City Engineer, of. Cupertino. The Work shall;be perform. d under the inspection and with the approval of the City-Engineer. line Work shalI be done in accardance with the exWinS ordinances and resolutions. of the City of Cupertino } arid ,in accordance �ritli °all plans, specifications, standards, sizes, l%nes and grades approved by x lne City. Engineer' 7 be Work shall be. done In accordance with all State wind County Statutes applicable the "I he decision of the City agineer shall be final as to whether any material or woakmanslnip meets,the standards specifications, plans, sixes, lines and grades as set forth. t -? C. It is further aged that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California bepanment of Transportation; State of California, and in accordance `with the specification 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 Pifol,ic Works" is mentioned, it Shall be considered as inferring 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. 2. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section 'Three of Ordinance No. l3Q 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 ti:nne when the proposed excavation is to commence. 3. QUITCLAIM DEED : It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights sand interests in, and shall grant to CITY authorization to extract water from the File No.: 52,071- Unit 5 Page 3 of 10 �E fits ?zstf s . 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 signattire. ? 4 BONDS AND OTHER SECURITY A. Upon the execution of the AGIP' EEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full tLid faithful performance of this AGREEMENT. ; The penal sum of said faithful performance bond shal1 be the full cost of any payment to be made 6der:this AGREEMENT, the value of any Iand al r&J'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'saic, ,faithful performance, file with the CITY a labor and materials bond in'a penal sum adequate tc,assure,full payment of 411, labor and materials required to construct said improvements. 'Tice amt`unt of said bonds shall. be as designated by the City Engineer. Said bonds shall be execui6d.by a; surety`6ompany authorized to transact a surety business in the State of California and nl ist be appa�oved by the City, Attorney as to form and by V ie City Engineer as to suciency. "io thc'eveat that the I3EVE,LOPEIt .shall ffi £ fa1faitl fully to'Odforrn the covenants and conditions taftfili AGR.EEMEN't or or t o any, { payment; or any dedication'of land, or any improvent s lr'erein required, the CITY "Hall call on , the surety to perforin this AGREEMENT or other . " atxanif��. the CITY for the . DEVELOPER'S failure to so do. t 5 B In lien" of a'surety bond, the DEVT elect to secure this AGREEMENT by depositing with the CITY: .. 1 Cash, or, 2, A. cashier's check, or a certified check p "ayable to 'the order of the City of Cupertino or, ` 3. A certificate of deposit, or instrument ol'oredit meeting the requirements of Ji z " Government Code Section 66499(b)or (c'. 'C. The amount of said cash, checks, certificate :0f deposit, or instrument of eredit shall be as ` °designated by the City Engineer, and shall be the eqe tvxalent to that which would have been required had the DEVELOPER furnished the CIT `I with a surety bond. In the event that the 1 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 pro ceeds of said sPcuriiy thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. I . Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council B. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. File No,: 52,074 - Unit 5 Page 4 of 10 C. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. D. Liability insurance, provided by the developer to ,hold the City harmless in the event of liability arising from the project, to be retired at the end Cdr. one year if all deficiencies have been corrected and in the absence of 1. any claim against such .insurance. 2. Schedule for Bond and Insurance Release for Cash, CD, Set -Aside Letter are as Follows: A. Release of 45 "/0 of bond upon acceptance by City Council 1 1 . Release of additional 45% at six montlis from acceptance after all x _ deficiencies have been corrected and in the absence of,any clazim again- A such bond. C. Release of remaining 10% at one year from date of acceptance -all after deficiencies have been corrected and in the absence of any claim against such bond. D. Release of the liability insurance, provided by the developer or . contractor to hold the City harmless in the event Of liability arising from the subject prolezt, at the a rid of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. E. No interest shall be paid on any security deposited with the CITY. j 5. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall play 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, prier !o e xceuGor rf uhis AGREEMENT, the amount as set forth herein at Page 2 (Part Q. Should construction cost vary materially from estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 6. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT U, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). Fite No.: 52,074 - Unit 5 Page 5 of 10 E., 7. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with City, ty; prior to execution of this ,AGREEMENT, for office checking of final map and field checking of street monuments, in contipliance 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). 8. 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 g (Y'art E) as a deveIapment 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 r arising out of or, due to faulty workmanship and/or materials appearing in said work during tlh+e 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, 9. STORM DRAINAGE FEE : Ii is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution A AY ?` TT of the AGREE, LEL �, a storm drainage charge in connection with ;:-::id Project in accordance q he amqupt as set fbrdi . with the requirements established in Resolution 4422, March 21, 1977, in 'the herein. at Page 2 (Part F). 10, ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGREEMENT, the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. 1 I. TIM INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as cleeineu appropriate by the City Engineer, plant street trees in conformance with the standards of he City of Cupertino. Variety of tree shall be selected from the City approved list. 12. PARK FEES It is further agreed that the DEVELOPER shalt pay such fees arid/or dedicate such land to the CITY, prior to execution, as is :'squired within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 1991, and Section 18 -1.602 of the Cupertino Municipal Code. io Page 6 04' File No.: 52,074 - Unit S <.f l3. MAINTENANC OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year'after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CI'T'Y standards and specifications for the Work, whichever is the later to occur. The DEVELOPER shall, upon► written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, azd 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 (if this t AGREEMENT, a letter from the Cupertino Sanitary Lazy District stating that the DEVELOPEP, has e entered`into "ai 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 co nstrnction of the said sariitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. IS BIUSIIVESS AND PROFESSIONS CODE ? it is further agreed that DEVELOPER shall file with CITY, upon execution of this AGR.EEMEN"I substantial evidence that all pz°ivisions of Section 11603, IIIvticle 8, Chapter 4 of f the,Bu=ess slid Professions Code, pertaining to special assessments or bonds, have been complied.with f 1.6. CENTRAL FIRE DISTRICT It is funkier agreed that the DEVELOPER, shall file with the CITY, upon execution of thi, AGREEMENT, a letter from the Central Fire Protection .District of Santa Clara Count . eating that the DEVELOPER has entered into an AGREEMENT `vith said District to install fire hydrants to serve said PI ect and stating that all necessary fees have been deposited with said District to insure installation and five (5) year renud, fee of said hydrants. 17. STREET LIGHTING P.G.and E. RATE SCHEDULE SHALL APPLY 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 c underground wiring circuits to all alectroliers within said Property and any and all fees required for urzdergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gras and Electric Company and/or PACIFIC BELL that said fees are due and payable. Page 7 of 10 File No.: 52,074 - Unit 5 OEM f' l i 19. EASEMENTS AND RIGHT RIGHT -OF -WAX T -WAY It is further agreed that any easement and ri 9 ht-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, h owever, that in the event eminent domain proceedings are required by the CITY for the purpose of securing sai id easement and right-of-way, that the DEVELOPER,,rDEVELOPER.::`,, ill deposit with CITY a sum covering the reasonable ab e 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 the'reto'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. HOLD HARMLESS It is £iathher agreed that, commencing with the perform ance of the Wort, by the DEVELOPER or-his contractor and continuing until the completion on of the maintenance ef the Work as provided 'in'Para grap h'I 3 above, the DEVELOPER shall indemnify, hold harmless and 'defend the 'City from and inst any aga or all loss costs expense, damage or liability, or claim. thereof;' ereo occasioned ,:or in any way whatsoever arising out of the performance or ;,-,honperfbiiaahce of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER's agents, employees and independent c6 ntractors., 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 mid rnfintcnance of the Work called for or required to bt done hereiifider, a policy of instmance naming e CITY and members of the City Coune ollerig il of the City of Cupertino, individually and c, 'floers, agents and employees of the City individually collectively, and the of and collectively, as insured. ;Said separate poliy shall pro%ide bodily injury and Property damage coverage to the foregoing named CITY and individuals covering all the Work r , performed by, for, or on behalf of rm said DEVELOPER. Both bodily injury arid P rope* damage insurance must be on an occurrence basis; and said policy or policies shall provide that d le 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 cif the CITY, individually and collectively, have other insurance against the loss s covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy.. A. Each of said policies of insurance shall provide coverage in the following I." minimum, amounts: For bodily. injury, $ 100,000 each per-son; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. X.z B. The DEVELOPER shall file with the City Enginect- at or prior to the time of execution of this AGREEMENT by the DEVELOPE R_ such evid ence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each sucti policy or policies Page 3 of 10 He No.: 52,074 - Unit 5 pa * ` shall bear an endorsement precluding the cancellation or reduction in coverage without givin the City Engineer at least ten (10) davc a���n,.P *;,.,, .,.. __s g 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 municipali Or political subdivision and !he provision set equally apply to subdivision. municipality and political Ty 22. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Maiii Extensions Work and Deposits- dated September 9, 1977. r 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 an adopted Master Plan Water 4 : Tl,e amount shown herein at PART K, Page 2 shall be the full amount due. x 23. MAP AND /OR IMPROVEMENT PLANS,` 4 It is fiwsner agreed that the CITY shall obtain the following map 'an rU'or plans at the °' ' DEVELOPER'S expense: I IY A A rnylar sepia and thirteen (13) prints of fully executed tract °map. A xn lar sepia and ten 10 r ;Y p ( )prints of.fully executed Improvement plains. { 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 oost :for all prints of plays and map req %iced under Item 23. 24. TERMS AND CONDITIONS It is f!WJ- ier agreed that the above nained terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the Cit;{ Council of said CITY. �±�ti f r v> a ' a 'z t CALIFORNIA ALL-PURPOSE ACKNiiWLE, DGMIENT State of California 4 i County of Santa Mara. On duly �, 1998, before, me, Yvonne. L. Kelley, Notary Public, personally a eared Steve Zales, proved to me on the basis of satisfactory evidence, to be th sa s) whale U s)Pare subscribed to the within instrument and acknowledge.; to me that they executed the same ig /her /their authorize cap r s) and that byher /their 19-i ug (s) on the instrument th � o s) acted, executed the instrument. so (s), or a entity upon behalf of which the trument. *ITNESS my hand and official seal. gp XCT - W91'II'HNiFMTWOIM --- Below Market Rete tlousine DecOaratior_ of Resnae Centrals T1TLE OR TYPE �F DOClJMEN I' -- Signature of .Notary s� A'r GENERAL AL x ----�_ Though gh the data below is not required by law, it may prove valuable to the document and could prevent fraudulent persons) relying an re- attachment of this forma Ten CAPACITY CLAIMED BY sIGNI" R DE,SCRIPTI ON C)V ATTACHED DbC9JMfi:N r NUMBER OF PAGES Individual Corporate Officer --- Below Market Rete tlousine DecOaratior_ of Resnae Centrals T1TLE OR TYPE �F DOClJMEN I' -- PARTNERS LIMITED GENERAL _ x ATTORNEY IN FACT TRUSTEE(S) ti GUARDIAN /CONSERVATOR Ten 3 OTHER - -- ---- NUMBER OF PAGES h July 2, 1998 DATE OF DOCUMENT s.XGNER IS ItEFRESENIi'ING: NAME OF PERS° N OR ENTITY: r O'Brien Group F � tF a $� - i TRACT AGREEMEN'�" TRACT # 9075 - Unit 2 (Area 3) The O'Brien Group k ' Cristo Rey Drive This AGREEMENT, made and entered into this day of between the CITY OF CUPERT NO, a municipal corporatio �," n of the State of .:____ � 19�', by and hereinafter designated as CITY, and The O'I3r•ier•i�o A of Corporation, to OfCa California, t designated as DEVELOPER hereinafter ,u WITNESS.ETH s t WHEP EAS, said DEVELOPER desires to subdivide certain land within the City of. ' CupertYno in accordance with the map heretofore filed with the City Council of City of Y Cupertino;'marked and deli ty designated "; TRALT 9 75 - i7nit 2 (206 sots Cupertino, California, >x' hez'ein}er designated as the "Tract' ;and 'HERS, said map shows certain courts, drives and roads which are offered dedlcation'fof public use; and for WHvREAS, CITY ,hereby ' approves the improvement plans ands ecifica 4,r for the Tract by Brlara lean as Eon P tions prepared g nt, a true copy of said improvement plans and specifications , 2 5 'are on file in the t ?ffice of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in :full, Y ` NOW, THEREFORE, said improvenent plans and specifications shall be hereinafter ;called the "Plans," and the work to be done under the Plans shall be called the "Work:'" v t t A a s r�" ,... �IEREAS, pursuant to the provisions of this AGREEMENT, th e CITY hereby established tha. amounts of Bonds, Fees, and Deposits as set forth in the following schedule: 1 SCHEDULE nF BONDS, FEES AND DEPOSITS Street Improvement Category: PANT A. Faithful Performance Band: Improvements: deferred Grading: , deferred Water Tank: Landscape: (Tree pockets and sidewalk Improvements): deferred Joint Trench: deferred 7 ; PART B. Labor and Material Bond: deferred _ Improv,elnents: deferred Water Tank: deferred.'_ Landscape. PART C. Checking Arid Inspection Fee: (Includes deferred , 110 - Gradi" Permit) 4�s1 -510 PART Z?. 'Indirect City deferred .Expenses: PART E. Develo p _ dxient Maintenance Deposit: NSA i xg �r ' 1 I n -206 -1 QO PART F. Storm Drainage Fee: Basin 2 deferred Acco unt #: 215-415-002 PART G.' deferred Et One Year Power Cost Ft 110-451-509L,' PART H. Street Trees: By Developer defei. PART I. Map Checking Fee: 110- 451 -520 PART J. Park Fee: ZONE I defeaxnd ACCT #: 480 - 416 -011 PART K. Water Main Reimbursement Fee: 610 -460 -200 PART L. Maps and/or Improvement Plans N/A As Specified in Item #23 r * Three (3) Hots dedicated to the City of Cupertino lot no. lot no. 11 in neighborhood 2. ' 2 and lot 13 in ne!ghb ®hood 3, - No final inspection and or occupancy shall be issued after i�venty.Iive 25 ®r'® units (Unit 1 -5) without the water tank being built and in operation. ( ) of the total - Prior to begin construction all the fees will be paid at the then culTent fee sched bond shall be provided to the City based on the ale and updaied engineer's estimate. - Landscape bond can be replaced in Portions as lots i i are being developed. Is NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. 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 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 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 F the DEVELOPER'S surety or both. B. The DEVELOPER'shall install and complete the Work in a good and workmanlike u `manner in accordance with the Plans as approved by the City Engineer of Cupertino. The Work . shall be perfartned under the inspection and with the approval of the City Engineer. The Work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, and in accordance with all pl an' 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 thereto. The decision of the City Engineer shall be fnal`as to �vhetherany material or workmanship meets the standards, specifications, plans, sizes; lines and grades as set forth. C. It is iunther agreed that Work shall be done in accordance with the mast current Standard Speeifications 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, Yt 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. 2, 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 ill, 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. 3. QUITCLAIM 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 File No.: 52,074 - Unit 2 Page 3 of 10 l 1. Schedule for bond and insurance release for paper bonds are as follows° A. Release of 90 percent of the faithful performance bond upon acceptance by City. Council B, Release of the remaining 10 percent of the performance bond at one year from. acceptance after all deficiencies have been corrected and in the absence�ofany claim against. such bond. File No.: 52,074 - Unit 2 Page 4 of 10 underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim " f Deed and Authorization" "in favor of CITY, when presented to him for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of the AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGItI3EMLNT. The penal seam 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 AGREEMEN T. 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 frill payment of all labor and materials required to construct said improvements. The amount of said bonds shall 'be as designated by the City Engineer. Saisr 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: Ia 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 oft the surety,to perfarxn this AGREEMENT or aiherwise`indeannifj� the CITY for the . DEV'ELOPER'S failure to so 'do. B. In lieu "of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by r. + x L p . CITY: de o5atin with the,,. 1. Cash; or, 2. 'A cashier's check, or a certified check payable to the order of the City of Cupertino or, 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 fiymished 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 medication 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 upo. approval of the City Council. 1. Schedule for bond and insurance release for paper bonds are as follows° A. Release of 90 percent of the faithful performance bond upon acceptance by City. Council B, Release of the remaining 10 percent of the performance bond at one year from. acceptance after all deficiencies have been corrected and in the absence�ofany claim against. such bond. File No.: 52,074 - Unit 2 Page 4 of 10 C. Release of the entire labor and material bond at six months from 4 : acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. D. Liability insurance, provided by the developer to hold the City harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 2. Schedule for Bond and Insurance Release for Cash, CD, Set -Aside Letter areas Follows: A. Release of 45% of bond upon acceptance by City Council. B. Release of additional 45% at six months from acceptance after all deficiencies have been corrected and in the absence of any claim, a against such bond. �} C. Release of remaining 10% at one year from date of acceptance after ail deficiencies have been corrected and in the absence of any ciacm against such bond. E D. Release of the liability insurance, provided by the developer or ,5 contractor to hold the City harmless in the event of liability arising . from the subject project, at the end of one year if all deficiencies have been corrected and in the absence of an claims Y against such insurance. E. No intdrest shall be paid on any security deposited with the CITY. N S, CHECKING AND INSPEC110N FEE r, { 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 Q. Should construction cost vary materially from the r estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 6. INDIRECT EXPENSES It is farther 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). i File No.: 52,074 - Unit 2 w Page 5 of 10 i i e§ . zi 7- MAP CHECKING FEE It is further agreed that the DEVELOPED shall deposit with Ci this AGREEMENT, for office checking of final map and field checking of t mon ° e�secution of in compliance with Section 4:1 of Ordinance No. 47 (Devised 12/04/61) of CITY; the amtount a�s� set w forth.herein at Page 2 (Part I). `i 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPED shs "l pay to the CIT'gl',1irlor to execution of this AGREEMENT, the amount set forth herein at Page 2 h g (Part E) as a development M rnamtencxice deposit to insure proper dust control and cleaning during the c oaistnicttotn The development maintenance deposit may be utilized for repairs of defects tend perf� urns 10 ��_arising taut of or due.to faulty workmanship and /or materials appeating,in sw :work dig, period until release of the. improveane'it bonds by the CITY, Should the PEk •'eorxapiete the rerlixired repairs t® the entire satisfaction of CITY, the unused balance vtll; ie reiiQmed act° the Tease of the improvement bonds. a%ds ,t ,:'�'X sir g ST ®RiVI DIBAIId > , AGE FEE 0 ,1 tq a It is'iurther agreed tlt the DEVELOPER shalt deposit with the CITE, pn.or ta exeLhon '. S } #° 4S ofthe AGREEI�IL- "a storm drainage charge in connection with said Project in ac0rdaice` rw4 r with the requiretnents established in D.esolution 4422; lvlar�h ;21, 19 7 i, an files. amount.'is `set fo`rtla , ekean at Page 2 `(Part F) b' 1 10. ONE YEAR POWER COST J , k It is further agreed that the DEVELOPED shall Pay to CITY prier to exqzcutio of tL to AGREEMENT, the amount as set forth herein at Page :2 (Part )K which amounit'represent5 5j power cost for street lights for one year. 11. THE INSTALLATION OF STREET TREES �{ It is further agreed that the DEVELOPED shall, at such time as deemed appropriate by the City Engineer, plant street trees in conforinwice with the standards of City of Cupertino: Variety of tree shall be selected from the City approved list. e(t q 3 xj 3 ark s i 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: ,r t one {1) year after acceptance of the Work by the City Council of the City of Cu er i period of Until all deficienc i es in the Work are corrected to conform to the Plans and the CITY star B. and specifications for the Work, whichever is tlae later to occur. The DEVELOPER written notice thereof, imi iddiately repair or replace, without cost or obligation to the City of n u R Cupertinoq and to the entire satisfaction of said CI'T'Y; all defects and imperfections or due to faulty workmanship and/or materials appearing in said vv�,ak wising out of ' 1 14. SAT4ITARY DISTRICT v It is,fiarther agreed that the DEVELOPER s. "r 'tall fife with CITY, upon execution of this AGREEMENT, a letter frown the Cupertino Sanitary District stating that the DEVELOPER entered into a separate AGREEMENT with the said District to install sanity has lots within said Pt*ct .�nid stating that a bond to insure full and faithful pew xnat�c of the �l " t construction of the "said sanitary sewers and to insure maintenance of said sanitary sewer in confoamance wath the provisions as set forth, in Paragraph 13 above has been filed. ;' l5 BUSINESS AND PROFESSIONS CODE r It as further agreed. that DEVELOPER shall Ei1e with CITY, upon executia AGREEIlIENT, substatx,2ital evidence that all provisions of Section 1160+3, Article 8, of this 4 of the Business and Professions on to special assessanents or bonds, � coxhplied with. have been 16. CEO; MAL FIRE DISTRICT It is further atgreed that the DEVELOPER shall .file with the CITY, upon execution of th AGREEMENT, a letter from the Central Fire Protection District of Santa Clara Co e •that the DEVELOPER has entered into an `AGREEMENT with said District to install fire hydrants to serve said Project and stathig that all neceosary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING - P.C.and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric ower for street lighting at the earliest date possible. P 18. PAC.tFIC GAS AND ELECTRIC /PACIFIC; BELL It is further agreed that the .DEVELOPER shall pay to Pacific C tr ompany and/or to PACIFIC BELL any and all fees required for installat on of e 1 eald axiid/or uanderground wiring 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. ;s notified by either the City Engineer or the Pacific Gas and Electric Corn pa ny and/or said fees are due and payable. PACIFIC BELL that Page 7 of lo File No.: 52,074 - unit 2 c i 19. EASEMENTS AND RIGHT RIGHT -OF-WAY a It is further agreed that any easement and right- of-,.vay 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 CIT for the purpose of securing said easement and right -cf way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed tai 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 additioi thereto 'such sums as may be required for legal fees and co;�ts, engineering, and other `incidental costs in such reasonable amounts as the CI'T'Y may require shall be deposited w ith'the`City of Cupertino. 2W HOLD HARMLESS It is homer 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 ;z W6rk: s provided in Paragraph 13 above? the DEVELOPER shall indemnify; hold harmless and ,1 defend the'City ,fi°orr and against any or all joss, cost 'expense, dariage or liability, or claim 4 thereof; Accasioned by ar in any way whatsoever arising ocit of 'the performance or } nonperforxz ance ®f the Work or the negligence or willful misconduct of the DEVELOPER or the, :BEVEL ®I?IrR °S agents, employees and independent contractors. 21, .TIoTSiTRANCE R :It is further agreed that: The DEVELOPER shall take out or shall require any contractor r ` engaged to perform the Work to take out, and maintain at all times during the performance and main ter mice: of the Work called for or r uixed to be done hereunder, a policy of insurance ' nanxing'the CITY and embers of the City Council of tlxe 'ity of CuperkirAo, individually and ` collectively9 and the officers, agents and employe City iindivid °.sally 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 niernbers 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 not be called upon to cover a loss under said additional policy.. A. Each of said policies of insurance shall provide coverage in the following mimmum 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 les: than $200,000. B. The DEVEL OPER shall file with the City Engineer at or prior to the time of execution of this AUREEMENT 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 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. TERMS AND CONDI17ONS It is farther agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. Page 9 of 10 File No.; 52,074 - Unit 2 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. Page 10 of 10 File No.; 52,074 - Unit 2 ` This AGREEMENT, made and entered into this day of zZa between the CITY OF CUPERTINO, a murnicipal corporation of the Sta C I I9�', by and `' 6 J, Isereiriafier designated as,CITY, and The ()'Wriest 4xrcaun A California Corporation, hereinafter designated as DEVELOPER. �. r WITNESSETIi ` 1 , xt t: WHEREAS, said DEVELOPER de, Mires to subdivide certairi land within the City of d , .Cupertino rn accordance with the mapxeretd�fore filed with the'City.Couucil ofthe Ciiy of r Cupertino, znarlced and designated as 'A #�.' ®76 n t 4 4 dotsuertino; California, ; ��} hereinat ex;desighated'as the. "Traet and ' y tF r REAS, said neap shov+rsacerttaan courts, drives Add roads which are offered for .., dedication for';publsc;use,;snd Aa WIII%EAS," CITE hea�by approves the improvement lens and p specifacataozis pa'eXrared . > for the,Tract�by if3rlu rigaas,IF'aasll4 a t;rue,Copy ofsaid tanprover�aent plans anal " spec ificaiions 1. sire ors file. in the Office of flee City` Engineer of Cupertino; and VJH-REAS the same are incorprrated herein by reference, the same as though set osat in < %qq � full, a NOW, THEREFORE said improvement plans and specifications shall be hereinafter called the "Places," and the work to 'be done under the Plans shall be called the "Wrk:" Y y l�h e.� Z TRACT LE LA TRACT # 9077 -Unit 4 (Areas 1) The ci'Irien Group. �K Cristo Rey Drive ` This AGREEMENT, made and entered into this day of zZa between the CITY OF CUPERTINO, a murnicipal corporation of the Sta C I I9�', by and `' 6 J, Isereiriafier designated as,CITY, and The ()'Wriest 4xrcaun A California Corporation, hereinafter designated as DEVELOPER. �. r WITNESSETIi ` 1 , xt t: WHEREAS, said DEVELOPER de, Mires to subdivide certairi land within the City of d , .Cupertino rn accordance with the mapxeretd�fore filed with the'City.Couucil ofthe Ciiy of r Cupertino, znarlced and designated as 'A #�.' ®76 n t 4 4 dotsuertino; California, ; ��} hereinat ex;desighated'as the. "Traet and ' y tF r REAS, said neap shov+rsacerttaan courts, drives Add roads which are offered for .., dedication for';publsc;use,;snd Aa WIII%EAS," CITE hea�by approves the improvement lens and p specifacataozis pa'eXrared . > for the,Tract�by if3rlu rigaas,IF'aasll4 a t;rue,Copy ofsaid tanprover�aent plans anal " spec ificaiions 1. sire ors file. in the Office of flee City` Engineer of Cupertino; and VJH-REAS the same are incorprrated herein by reference, the same as though set osat in < %qq � full, a NOW, THEREFORE said improvement plans and specifications shall be hereinafter called the "Places," and the work to 'be done under the Plans shall be called the "Wrk:" Y y l�h e.� Z ` . WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth inithe fallowing schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: PART A.: .. Faithful Performance Bond.: Onsite Improvements: $ 707,000.00 Grading: $ 183,000.00 Landscape: (Tree pockets and sidewalk improvements): $ 31,000.00 Joint Trench: $ 212,000.00 PART B. Labor and Material Bond: Onsite Improvements: $ 707,000.00 Landscape: (Tree pockets and sidewalk improvements): $ 31,000.00 C. Checking and Inspection Fee: (Includes Grading Permit) $ 39,737.76 ,.PART a ai wf 110451 -510 u PART b indirect City, Expenses: N/A y H t PART E Developin6rit Maintenance Deposit: � $ 3,000 00 � r 110 s w +{ - 0 -206 -100 ,4h PART.F. Stoing Drainage Fee:. Basin 2 $ 19,221.00 � t Account ite 215415-002 PART G. One Fear Power Cost $ 450.00 110- 451 -508 PART H. Street Trees: By Developer PART I. Map Checking Fee: ` $ 932.00 110 -451 -520 PART J. Park, Fee: ZONE I ACCT #: 480 416 -011 PART K. Water Main Reimbursement Fee: N/A 610- 460 -200 PART L. Maps and/or Improvement Plans As Specified in Item #23 * Three (3) lots dedicated to the City of Cupertino, lot no. 2 and lot 13 in neighborhood 3, I0 no. 11 in neighborhood 2. No final inspection and or occupancy shall be issued after twenty -five (25 %) of the total units (Unit 1 -5) without the water tank being built and in operation. - All fees to be paid at escrow per escrow instructions. - Landscape bond can be replaced in portions as lots are being developed. File No.: 52,074 - Unit it Page 2 of 10 2�5 7 411,K(V NOW, THEREFORE, IT, IS HEREBY I HMALLY AGREED by and between the parties - ".. .. , hereto as follows, TO WIT: I., INSTALLATION OF WORK yt is further agreed that: '41 A.,, The DEVELOPER shall install and complete the Work within one'( I) year from the date of exec ution of this AGREEMENT, or such longer period as may be specifically authorized in wning `by the City Engineer., In the event the DEVELOPER fails or refuses to complete the i hi . th t n e specified period of time the CITY at its sole option, shall be authorized to complete the Workm—whatever manner the CITY shall decide. In the event the CITY completes the W6rk,'the CITY may recover any and all costs incurred thereby from the DEVELOPER or the btv LOPER!Sure- ty s or both. B The DEVELOPER shall install and complete the Work in a good and workmanlike' 4naruierdh ac AnO6 With the Plans ass a- cord pproved by the City Engineer of Cupertino. The Work ri 4 di with al of the Engineer... ngineer.',, The Work, ppe orm i.m.. er thd,lris�ection, and ith the approval y 'shall ond'ifi 'accordance with the. existing o nm b'e;'d icesand reso 'f lutions,of the Cityo Cupertino; - in accordance ,.wi all plans spei d *caiions -,ifi standards, sizes lines I and grade s approved d by`�. the City -Engmeer.;;,'The Work shall be done in accordance with all State and County Statute S e.d " eic s i'ion of the City Engineer e sh4llb final as to whether any material 0'r ;,.,:�i,�,:,��,,�workin'a"ns'hip,.''meets the standards, specifications plans, sizes, line s and grades as s ith set N C I ze,d thafthe Work ... it is ter agreed shall be done in accordance with the most current Standard Specifications of the, Department of Public Works, California Department of Transportation, of CA accordance with the specifications' f the C' 0 upertino e ifornia, and in cord Sanitm -re )Ae licable. Wherever the "State" or "California Division of app Highways" are mentioned in the State Specifications, it shall be'considered as referring to the CITY of Cup6itino; 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. .2. 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 per it from the City Engineer before the rn 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. ,3. QUITCLAIM 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 fforn the File No.: 52,074 - Unit 4 Page 3 of 10 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. 4.. BONDS AND OTHER SECURITY A. Upon the execution of the AGUEAE, NT. the DEVELOPER shall file with'tha CITY a faithful performance bond to assure his fall and faithful performance of this AGREEMENT. .. .... The penal sum of said faitlif -ul performance bond shalt be the full, cost Of any Payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and to be made under this AGREEMENT. In the event any improvements that I anpro vements are to be made under this AGREEMF-NT; the DEVELOPER shall, in addition said faithful P61formance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and riaaterials required tip constru ct said imPro'veinents-'.The amount of said bonds shall be as dOi ; griat,ed by the City Engineer. , S,,$,-- 1eonds,shall be executed by a. surety, cd I mpany authorized to transact a surety tYbusinez in the S .:f California " - . , , , - and must be approved by the City to f -ffi6 City Engin Attorney as b 4 rm. and. by eer as to suffi cieiicy., n the event EVELOPERshali t1lat the D fail faithfbllyjapeirform th6bovenan' s' covenants and condftibris of 11 11 , I . I -thi AGREEMENTv"or to' snake VYI payment; or any de'dication of land, or any improve herein erein required, the CITY shall call on the surty to perform rm this AGRE, M or oih6iltise -indemnify flee CITY for the DEVELOPEW8 h1hire"to so do'' sure bond, the DEVEL B may, e to secure th s AGREEMENT by In lieti'6f d OPER"' depositing with,the CITY:,'' 'as ir, e able to the, order 2 C'ashi,-es Check, or a �6rtified ched k pay of. the City of Cupertino r ino or, :-3. 1 A certificate 'of deposit, or instrument Of credit meeting the reqWrements of Government Code Gove i Section 66499 (b) or (c). e amount certificate of deposit, or instrument of credit shall be unt Th '; of said cash, cheelc i as designated by the City Engineer, and shall be the equivalent to that Which would have been required furnished had the DEVELOPER shed the CITY with a surety bond. In the event that the DEVELOPER 'shall fail faithfully to perform the covenants and conditionsd this , ' e AGREEME NT or to mak 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. L Schedule for bond and insurance release for paper bonds are as follows: A. B. Release of 90 percent of tlie faithful Performance bond upon acceptance by City Council Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of -my claim against such bond. Page 4 of 10 File No.: 52,074 - Unit,t 7 i. TV vavaab VA 7 /D ariGC y City Council. 3 Release of additional 45% ,Rt six months from acceptance after all deficxenciet lave been corrected and in the absence Qi any ,clainn agaiiast such br nd. - C, ; FcelPWs of remaining 10% at one year from date Of acceptance' after, all deficiencies have been corrected €mod in the absence of any claim against such bond. M Release of the lihbglzt insurance, provided by the developer or Contractor m 1hnl/1 *b,, r;l4 , lw,s,- .,- ,l— ... �L...r_.__.. _ra• -, .... t X P 4�� j ?4 7. MAP CHECKING FEE 9 4 It is further agreed that the DEVELOPER shall deposit with City, prior to execution of this ,AGREEMENT, for office checking of final map said field checking of street monuments, in conxplzance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set Y I forth he'' at Page 2 (Part I)_ ym n' t 8. DEVELOPMENT MAIRITENANCE DEPORTT 2 It'is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of ` this AGREEMENT, the amount set forth herein at rage 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 n period tantil release of the improvement bonds by the CI']"i . Should the DEVELOPER complete w file requued,repairsto the entire satisfaction of the CITY, the um.used bal�nee will be retwrned - �< 3 after the release of Ilie improvement bonds. , ti -. 1, \ 1r � L +• _._. ." . .few .L � � � L t 9 STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution a rsf the AGREBENT, a storm drainage charge in connection with said Project in accordance . q­# with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth y herein at Page 2 (Part F). ONE YEAR POWER COST it F is further agreed that the DEVELOPER shall pay to CITY prior to execution of the V. r AeT]C EEPvIENT, the amount as set forth herein at Page'2 (Part G), which amount represents the power cost for street lights for one year. t 1 I . 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. 12. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and /or dedicate such land to the CITY, prior to e�iecution, as is required within "Park Dedication Ordinance" Number 602, F f 1972, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adorted by the City Council on March 19, 1991, and Section 18 -1.602 of the uA�prtino Municipal Code. h st . File No.: 52,074 - Unit 4 Page 6 of 10 �' V � k r CIA . I3 z„ INTENANCF np rarnnrr It is further agreed that the DEVELOPER shall hall maintain the Work: A. For a period of one ( 1) year after acceptance of the Work by the City Council of the City of Cu ertino or a \ : �IntYi all deficiencir s in the Work are corrected to conform to the Plans and the C D. an d specificataons for the Wprk, whichever is the later to occur. The DEVELOPER shall lards written notice thereof, immediately repair ox replace, without cost or obligation to the City of Cupertino, and to floe entire satisfaction of said CITY, all defects and iYnperfeations arising out or due to faulty vvrrrkmanship and/or materials appearing in said Work, g of 14: SANITARY DISTRICT If is firrtlYer agreed that the i7EVELCPER shall file with CITY, upon execution of this AGItEEIvIENT; a letter frortr the Cupertino Sanitary, Iistrict stating that the I�EVELt�PEI� lYas . °` �; entered into a separate: E1b NT,with tlYe soul district to install rani lot<� wvYthYn`saYd Praject'aiid skating that a bond to insure fill and faithful t�etr grmance of tho e all �a= s caby$rlr�traYi of tho saYd z, r sanatory sewers and to nnsr yriaiYlterYasiice aiFsaid sanit aonforYnance wry' the pravrsrons as set forth Yn Pa sewer Yn` aph 13 above haa`been Filed. IS BUSINESS pROFESS,0148 CODE K f a It Ys ~fi,rther agreed float DEVELUI'El shall file. rillx CITY, u on e 9■�) (�/ 2{tk 1 ecution of t.11J AGREEIViENT substantial evYdent:e.that l Pro 4srons rrf Section 11603, Article 8, Chapter 4 0; 4 the'BusYness an _Professions Ccide laextrsarxirr to special assessments or`bonds, have been complied �vitlx. e4 ' I'6. CENTRAL F i)rSTRiCT. t It is furtlYer agreed that the DEVEL43PElt shall file with the CITY, upon execution of the AGREEMENT, a letter from the Central Ffij PA,tectian DYStriCt o 'that the DE f Sani��Y Clara County, stating VEI UP1rR' has entered Ynto arY A,GP�P';� ,, MENT wide maid District to install ;fire hydrarYts to serve,said Project and stating that all necessary fees have been deposited with said I3rstrict to insure installation and five (5) year rental fee of said hydrants. t. . ' Ii. STREET i.IGI�'i'"EW'G - P.G.and E. RATE SCITI✓IaULE SHALT, �' APPL It is further agreed that the DEVELOPER shall apply for the installation afelectric over for street lighting at the earliest date possible. p I8. 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 arty and all fees required for installation of overhead and/or iurYderlround wiring circuits to all electroliers within said property anal any and all fees required for undergrounding as provided in Ordinance 'No. 331.of CITY when DIEVELOPER is notified by "either the City Engineer or the Pacific Gas and Electric CoYYxparAy and/or 4 said fees are'due and payable. PACIFIC BELL that Pale ? of Y 0 File No.: 52,074 - Unit 4 .4 M l 9. EASEMENTS AND RIGHT RIGHT -O&WAY It is further agreed that any easement and right-Of-way necessary Project shall be acquired by the .DEVELOPED at his own cost ex ser completion of the however, that, the event eminent domain proceedings are required by the CITY provided, r` of securing.said easement and „right -of way, that the DEVELOPER shall deposit Y for the Purpose Burn covering the reasonable market value: of the lard Proposed to be taken and t be included in {y said sum shall be a reasonable allowance for severance damages; if any. It is further that in additiaia thereto such souls as may be required for legal fees and costs engineering, provided t , ' ” 4 r other incidental costs in such reasonable amounts as the CITY may require shall and with the 'City of Cupertino. be deposited X20. HOLD TI'ARZ aESS Xt is further agreed that, commencing with the perfonnnsnce of the Work liy the vo- Sl" y DVEL ®PER or his contractor and continuing until thempletion of niaintenan v4lork as'provicied in 'aragraph I "'a Ova, the: DEVELOPER shall nderrisiify, hold harmless e clefei*d the City from acid agmnst.�ny or all loss, cost, expense, damage or liability, or claim and therepf .,. Dccasioned by or, many way wl�aisoever arising out of ilia rY> r nonperfoknanc:e mf the WorlE or the'negligence or willful misconduct of the I7EVELOPE F Lz tk DEVEL�OPED'S agents, employees and indelserident contractors R or the 21' INSgJRAI�iCE It is further agreed that: The DEVELOPER shall lake out; or shall require any contractor e' ngaged to perform $t?P Work to takeout, and maintain, at all times during the performance and maixitertance.of the Wnrk called for ar re quia�ed to be done Hereunder,' a policy of insurance` ruining tli CITY and rrieinhers of the City Council of the Ci f Cupertino, individual collectively, and the officers, agents and employees of the City. ndividuall and co individually and in stared. Said separate policyshall provide bodily in' y collectively, as y fury and property damage coverage to the foregoing named CITY and individuals covering all the Work perfbrrned 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 liability stated' me Declarations, and if the City, its members of the City. Council individtiaily and collectively, and the a�cers, agents, and �� employees dithe CITY, individually and collectively, have other` insurance against the loss covered by said policy or policies, that other insurance shall not be culled upon to cover a loss under said additional policy,. A. Each of said policies of insurance shall provide coverage in the following mininmm amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, `property damage; $50,000 on account of anyone occurrence with an aggregate limit of not less than $200,000. E: The DEVELOPER shall file with the City Engineer at or prior to the time o 'execution' of this AGREEMENT by the DEVELOPER such. evidence of said foregoing f policies ofinsura.nce as shall be satisfactory to said City Engineer. Each such policy policy sr Page 8 of to Pile No.: 52,074 - unit 4 i A s "nay` r� 'r ` shall bear ani endorsement precluding the cancellation or reduction in coverage without giving 'the City Engineer at least ten (10) days advance notice thereof ,PA R Y;;,; C ' In .the event that the project covered herein should be mutually situated in or;, affect the area of jurisdiction of a separate munici ali p p ty ar political subdivision of the State 'd Cali .#omiathe policies of insurance required herein and above. shall co -name such municipality or political. subdivisioia and the provision set equally apply to lmunir ipalily acid political Ft �( subdivision- A.4 WATER MAIN EXTENSIOIeI DEPOSIT The DEVELOPER further agrees; to deposit with the CITY those monies requited to corripF! with "Polio y on Water Main Extensions Work and Deposits dated September 9, 19 ' .TheAeposit shall be held by the CITY until said monies are needed to implement irnprovenr%ents outlined by the Director Of Public Works or improvements' outlined- within an adopted Water;' Master Plan. The amount showia herein at T'AR'T' K Page 2 shall be the •fu11 amount d�xe �� s (j 23 `MAP AND /OR IMPROVEME1tiiT PLA14S Zt is furthex.ttgreed that the CITY shall obtain the followaagg map an or plazas at the ,DEVELOPER'S expense x YfS? l i A. A mylar sepia and thirteen (13),prints -of fully exec , uted'tract k , •f. : :' B. ' A mylar ;sepia and ten (10) prints of fully executed itxaproveanent plans. i, G A direct duplicating silver negative microfilm aperat�ue;caxd 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. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER.. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. IN WITNESS I&EREOF, CITY has caused its name to be hereunto affixed b it Mayor and City Clerk, thereunto duly authorized by resolution of the City Council Y s DEVELOPER has hereunto caused his name to be affixed t.ae day and year fi rst above said written. Approved as to form: CITY OF CUPERTINO: I�Ia o Y i zzlx:r�44�4 City attorney's =��'• City Cl ` S D EVELOPFR: N ` The O'Biie t2 Group, roups p A California CYfIYPfnrot:.vw .. IN . J' tr K sc ClidwYl"lJ MA ALL1`PUllP®SJC A°'KNO�(�j 'j 'mil s s L..ED16ME T State of califa➢a M county of tS: bg Clara On Jul y 7' 1998, before, trae, Yvonne L, Steve dales, proved to me on the basis ®f t Kelley, Public,, personall "L asfaa;ro ypearesl (s) are subscribed to the wi U evi fence, to be nth rso execuEod the. same i the in aaiknotvleriged ta.rraae w9aase erlthe:ir authorize ca aci ggn r �s) On the instrument tt (s) and that b y rso (s), 'or t e emit . u her /their ' e o s act, exe.Cuted the inst:rulnent, y pc�aa behalf of Which the and official seal. Ignature of Nota.ryr --- W 'Y 63ON `per dV 'hough Me data below is not recltaired ,by ladv . a m docuaaaent aPd.could prevent fraudulen t r $t�achaaae` t y Prove valuable to p irson(s) relying err a ` IIt 0 this forte a; v CAPAC,rry CLAIMED By SIGNER DESar1CYl'°IYG9N OF ATTACHt;J� 1L� ®d:t�itrltl�:NT Individual corporate OfYicec t � _._ ., """"`- � -- -- E3efow 11•i'�arket ➢date i-9busira •- �---- PARTNERS - ,(?ec darreiion u� f ResQ�e Cn�tro(s TITLiW OR TYPE OF ®UCUdVdC NI V. LIN41TFD r {, GENERAL d` §s ATTa.%RNEY IN i -1 ,. TRUSTEE(S) i�a' GUA RD'AN /CONSERVATOR kF" OTHER_ Ten en - NUN48ER Op PAGES J tiles �,i2 SI<Gi°iirdd rS REPREA, ING: DATE OF DOCUMEN'i '• raAME OF PER t3.R 1iNTIT k: O'Brien Group i� 4 a DOCUMENT: 15336757 Titles:1 / Pages: 3 ' RECORDING REQUESTED DY ( Fees....- No Fees 4? City of Cupertino 1 f` Taxes... 00015336737m Copies . , _ „ AMT PAID WHEN RECORDED MAIL TO BRENDA DAVIS RDE # 005 ' City Clerk's Office SANTA CLARA COUNTY RECORDER 7/31/2000 City ofCnpertino'. Recorded at the request of $ 22 AM 10300 Torre Avenue City Cupertino, CA ,95014 -3255 � 0S 1 t (SPACE AD ovE THIS LINE FOR RECORDElt,s "W.'�yy., vsE)~ ®,/��+�'yf/��y`yy %IV�/Y /�,. /may' /i�1.: `oaf /1vYQ� LL Ill 1 !R V COJICd� .,F.ri/ ' i+W,[Tff .t 60v_ 003 4 hC y Wi r r c CENRTI IC�`r z' OF COMOlC,�T�CAI,( r1,l�dlC� , NCT'I E () ' AC I4Al® 6F PARTIAL AE.0.YTElW:0.TA�ti�J[ AK v r , : 9LJIV A IJNI ,1VEIGHB® I( � 2 Cr NO.I NO. 9054;' , ; (PARK IMPROVT' N'T'S� L s„ } � 1 - -, h _ ast YI�ef 9bA ®i�A0Y9Sil L Y1,. conjuh6tion With th'e. following ,project: THE O'BRIEN GROUP, (OAK VALLEY TNIIt' S, NEIGHBORHOOD 2, TRACT NO. 9054 TM OPARK IMPROVE, MENTS) x 3k ve been partially completed in accordance with the approves: improvement plans and acceptance of completion was ordered by the City Council on July 17, 2000. t ?w blic Works and of the City of Cupertino Printed on necK*d Paper VERIFICATION T have reviewed this certificate of Completion and Notice:of Acceptance To the best of my knowledge, the information of'comp etion contained herein is true and complete,,- fy , . T ven under enali of e u under the laws' of the "tote p Y: p r r3' caf caIi forna, foregoing is true and correct. that the; J, T✓ecuted on the lith dayrryaao at Cupertino; ciifoxa ti 1�dTllinlsti"a4.lve:cler1C'; Nty clerkes city of Cupertino z .tfhce, } t s Y y t — _ —_ —_ - __ �nR aAawnwile•e6lMIk1MT I1MIef3AM»'H� __ - - ' Prinlnd on Rocyclad Paper 1111:1111011111'11 IM ,y VERIFICATION I haive rcvr�wed this Certificate of Completion and Notice is F tan ce ®f Completron. e of Acceptance To the best afmy knowledge, the information contained herein x true and complete. b I } Ir Vrr fy :under: penalty of perjury under the laws of the State of. California, ; } 'oregoing is true and correet: that the �1 s Exccuted oil the 17th day of July 2000 at Cupertino, California; u rnastratrve Clerk W City Cierk °s .Office; City of Cupertino A n tlti I 2 1 ofA - 4�' U r 1s r ` City 1.1x11 ed 10340,'o'ixe Avenue F Cupertino, CA .95014.3255 "'1408)777o.3354 �M O PERTINU TI �4 r' PU8L1C WORK$ DPPARTME1dT I t L7at6: July 19, 2000 . r ? Printpd on FF ®Cycled Pmz sr "r PUBLIC WORKS D1EPARTMEId T CERTIFICATE OF COMPLETION ff f' AND NOTICE OF ACCEPTAN CE OF PARTIAL COMPLETION, ;t �2S�N? F• ! kz y ti , NOTICE IS HERE Y 6NEN THAT I, Bert J. Viskovich,: Director of P bti c 'Forks and Crty Engi eer,af tfie City df Cupertano, California, do hereby certify that the rnun cxpai iiatprovexnent ' rt � V�ti "} coWufiction with the foilov±ii pioJect , TM WHRrE aT GROUP OAK VALmIGEY fi SIT I, si 'AREA 2, TRACT NO. 9054 tr (OAT -SITE GRADING) have beers partially completed in accordance with the approved imp rovernent plans and acceptance of completion was' ordered: by the City Council on July 17. 2000, � s y Airector f Public marks and eer of the City of Cupertino t lefe I+ I 5 �? s � ;l A K� er u e io t1 4 i5 v _ 7 I+ I 5 �? s � ;l A K� WHEN RECORDED MAIL TO City Clerk's o fffiie., Doc# : 15336752. City of Cupertino 7/31/ 2000 8:22 AM 10300 Toro e AYEriu E Cuxiortiri0, CA 95014- 3255 ,F A tr r (8I'ACE A13OVE TIiIS LINE FOR RECLiRDER USE) NO'�,� dNAC'sCOR13ANC , � z WdTdd GO -i +GO. E , 4 y f } ' C'Y+.).71"ID1`yC'AT ()F CO1V[PlL + TiOl A1VD 0 i"IC + bF ACC E,PTANC'K OF PARTUL CO1VilP')CJIET>rd)N . TIM + m t1 } II'BRIIoN G O UP', 'OAK VtAs ,A r E, g IiNIT S, AREA,I, TRACT NO. 9077 (ON-SITE GRADING) _ 4 'f t 1 � I t I l 4P City Hall f� 10300 Torre Avenue Cupertino, CA 95014 -3255 (40$) 777 -3354 > 'ITY OF r CUPEK1 N# e PUBLIC WORKS DEPARTMENT .t CERTIFICATE OF COMPLETION NOnCE IS HERESY G)NEN TI�T I, :13ert is Viskovich, Director o1' Public Works farad, City ' En sneer of the C"a bf Caa �rtaabo Calm ®rxaaa,'do herdb certz that the municipal improvements: is ' tY : pe Y fY F A coi�luractiora tivith the followaira project: s < HE, O!BRIEN GROUP, OAT{ 'VA,�,LfG Y ' ' IT, AREA4 TRACT-WO, 9077 �l�l� SJI�("lE GRADI NC) have been partially, completed in. accordance Wits the approved improvement playas and acceptance of completion was oirdered b the City Council on July 17, 2000: t' Printed on 9ocycled Paper r AND fl NOTICE OF ACCEPTANCE OFTARTIAL COMPLE'T'ION NOnCE IS HERESY G)NEN TI�T I, :13ert is Viskovich, Director o1' Public Works farad, City ' En sneer of the C"a bf Caa �rtaabo Calm ®rxaaa,'do herdb certz that the municipal improvements: is ' tY : pe Y fY F A coi�luractiora tivith the followaira project: s < HE, O!BRIEN GROUP, OAT{ 'VA,�,LfG Y ' ' IT, AREA4 TRACT-WO, 9077 �l�l� SJI�("lE GRADI NC) have been partially, completed in. accordance Wits the approved improvement playas and acceptance of completion was oirdered b the City Council on July 17, 2000: t' Printed on 9ocycled Paper r CER TIFICATE OF COMPLETION AND NO'T'ICE OF ACCEPTANCE OF PARTIAL COMPLETION K� 1 .5r y ,21 N07�ICE I5 HEREBY, GIVEN THAT I, Bert J. Viskovich, Director of Public Works grid City. "f , Engineer of the City oI'. Cuperuno," California, do hereby certify tha the muAicip l improvements, an i °> conatanctaon`wath the following project: , r 'THE O'BRIsal'1 GROUP, O1'S.dti VALLEY d City Hall` 10300 Torre Avenue Cupertino, CA 95014 -3255 (408) 777 -3354 CIT`( ®F r 'U PE TAN PUBLIC WORKS DEPARTMENT CER TIFICATE OF COMPLETION AND NO'T'ICE OF ACCEPTANCE OF PARTIAL COMPLETION K� 1 .5r y ,21 N07�ICE I5 HEREBY, GIVEN THAT I, Bert J. Viskovich, Director of Public Works grid City. "f , Engineer of the City oI'. Cuperuno," California, do hereby certify tha the muAicip l improvements, an i °> conatanctaon`wath the following project: , r 'THE O'BRIsal'1 GROUP, O1'S.dti VALLEY d C ''li 1�; t t1' � 4. - T � 3 ... .... _ - -'t_. ....... .FU. �...a_9 ..s xpaev,rxvaa�:a.saac.a+cva vA,a:e„nvaxw; [s,q'� u F Y 1, .. 1 City Nall 10300 Torre Avenue Cu eriinn rA 95014 -3255 (408) 777 -3354 -UPEkTINO 7 a. have reviewed this Certificate of Ca��apletion and Notice of Acceptance of Completion: Tci the best of my knowledge, the information contained herein is true aide mpi t . r s, r ' .I'verif undex, penalty of 'perjury under the laws o the State of Clxfoia, that the foregoing is true and correct, ` Executed on the 17th day of July 2000 �t Cupertino, California s, J S 1 s. L Adorn trative Clerk Y City Clerk's �f t6e, pity of Cupertino 4 VERIFICATION 5 - }(r._ have reviewed this Certificate of Ca��apletion and Notice of Acceptance of Completion: Tci the best of my knowledge, the information contained herein is true aide mpi t . r s, r ' .I'verif undex, penalty of 'perjury under the laws o the State of Clxfoia, that the foregoing is true and correct, ` Executed on the 17th day of July 2000 �t Cupertino, California s, J 1 s. L Adorn trative Clerk Y City Clerk's �f t6e, pity of Cupertino "N ch 1 �3 S r °i%is dccumcnt has ' RECORDIRTG REQUESTED Bl' 143Arec9 witty ihr; csl igs►tnt. RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 DOCUMENT: 15573585 111111111111111115A1111111A001 i 9 65 Titles:1 / Pages 3 Fees.. ..+ No Fees Taxes.. Copies.. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION 09BRIEN GROUP, OAK VALLEY, NEIGHBORHOOD 4, UNIT 1, TRACT 9076 (WATER TANK) RDE # 006 2/27/2001 2 56 PM Original For Fast Endorsement City Hall l 10300 Tone Avenue Cupertino, CA 95014-3255 (408) 777-3354 CITY OF CUPEI�TINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the municipal improvements in conjunction with the following project: O'BRIEN GROUP, OAK VALLEY, NEIGHBORHOOD 4, UNIT 1, TRACT 9076 (WATER TANK) have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the City Council on January 16, 2001. Date: February 27, 2001 au r Director of Public Works and City Engineer of the City of Cupertino Printed on Recycled Paper VERIFICATION I have reviewed this Certificate of Completion and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 27th day of February, 2001 at Cupertino, California. Deputy City Clerk City Clerk's Office City of Cupertino