80-040 DeAnza Venture to develop property Stevens Creek and DeAnzaCitil of C"perti»o
10300 Torre Avenue
Cupertino, California95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
March 26, 1981
Santa Clara County Recorder
Attention: George A. Mann
70 West Hedding Street
San Jose, California 95110
DOCUMENT FOR RECORDATION
P.O. Box 580
Cupertino, California 95015
We are enclosing to you for recordation the following document:
Agreement by and between the City of Cupertino and De Anza
Venture, A Partnership, along with a certified copy of
Resolution No. 5347.
Thank y
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
P
e
F°995PIGE4p.9
RESOLUTION NO. 5347 Lt
7o20 48
AY h
,SAN 7'A. OLARA COUN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPE NW ���
APPROVING IMPROVEMENT PLANS OF PROPERTY LOCATED APPROW�'A WNW—
�tEw1�(1Ft��'F3� IMATELY 276 FEET EAST OF DE ANZA BOULEVARD ON THE NORTH
SIDE OF STEVENS CREEK BOULEVARD, DEVELOPER DE ANZA
VENTURES; AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
AND IMPROVEMENT PLANS
t,HEREAS, there has been presented to the City Council for approval of
improvement plans of property located approximately 276 feet east of De Anza
Boulevard by H.M.H. Engineering; and
WHEREAS, there has been presented to the City Council a proposed agreement
for the construction of streets, curbs, and gutters, and for other improvements,
and good and sufficient bonds (letter of credit), fees, and deposits as set forth
in Exhibit "A" having been presented for the faithful performance of said work
and the carrving out.of said agreement; and said map agreement, and bonds having
been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said improvement plans herein referred to are hereby approved.
b. The offer of dedication for street areas and all easements is hereby accepted.
c. The City Engineer is hereby authorizied to sign said improvement plans.
d. The deferred agreement shall be recorded with the County Recorder.
e. The Mayor and the City Clerk are hereby authorized to execute the agree-
ment herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the Citv of
Cupertino this 7th day of July , 1980 by the following* v_
ate.
THIS IS TCs C
Vote Members of the City Council INSTRUMEN'j'C WITHIN
.:_ � t2U ` ,, T
OF THE ❑fflkUNAL ON FILg T � CIF I`Z
AYES:GattNone ATTE
o, Plungy, Sparks, Rogers `6
NOES:
CITY r-
ABSENT : None F TI��'_ f eTl� a�� c TINm
ABSTAIN: None. ',., •-
ATTEST:
/s/ Dotothy.Cornelius
Citv Clark
APPROVED: ��•iv,n
/s/ Barbara A. Rogers"
L:layor, Citv of Cupertino
Resolution No. 5347
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELMMENT
LOCATION Approximately 276 feet east of De Anza Blvd, on
the north side of Stevens Creei,.
A. Faithful Performance Bond
$ 12,000.00
B. Labor and Material Bond
$ 12,000.00
C. Checking and Inspection Fee
$ 720.00
D. Indirect City Expenses
$ 103.00
E. ,fap Filing Fee
F. Map Checking Fee
S
G. Development Mair_tenance Deposit
S 250.00
H. Storm Drainage Fee `
991.00
I. One Year Power Cost
� N/A
J. Tree Fees
N/A
' RETURN, TO CJ.TY
OR CUDEh'TlfrlO � a'"�O �'se.� �.
to-0o Tor -%RE AVE. A G R E E M E N T 1°`➢ ACr� �yA➢+1C
CUt'EI�TI NO. CA 95014 — — — — — — — — — WIT" . 60V CO.OE 6103
This AGREEa1ENNT made and entered into this lst day of '995PAGE41JL
March , 19 80 9 by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter designated as CITY, and
DE ANZA VENTURE, a partnership
hereinafter designated as Developer.
W .11 N E S S E T H -
WHEREAS, the Developer has made application to the CITY for a
Use Permit to develop property
and is securing a building permit from CITY to construct and maintain a
Two Story Office Building of approximately 6,500 s
� q. ft.
hereinafter referred to as "Project."
WHEREAS, CITY hereby apprcvus the improvement plans and specifications
prepared for the Project by HMH Incorporated
a true co p p '
copy of said improvement lags and specifications are on file in the
office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated
herein by reference, the same as though set out in full; now, therefore, said
improvement plans and specifica t' -ins shall be hereinafter called "the Plans,"
and the work to be done under the plans shall be called "the Work."
AREAS, pursuant to the provisions of this AGREEt1ENT, the u1TY hereby
establishes the amounts of Bond, Fees, and Deposit as set forth in the following
schedule;
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SC. I?. OF 30N'D ''77S, A-IM oE?CS_ _
PART A- Faithful Performance Bond: F995°'Gt412
$ 12,000.00
Twelve Thousand Dollars
PART B. Labor and i4atarial. Bond
$ 12,000.00
Twelve Thousand Dollars
PART C. Checking and Iaspectioa Fee: $ 720.00
Seven Hundred Twenty Dollars
PART D. Indirect City Expenses:
$ 108.00
One Hundred Eight Dollars
?ART E. Development u-apt=nanca Deposit:
$ 250.00
Tcvo Hundred Fifty Dollars
24R7 r . Storm Drainage Fee:
$ 991.00
Nine Hundred Ninet,, One Dollars
PART G. One Year Power Cost:
$ N/A
?A3T 3. Tree Fees: C
PkRT I • Kap Checking Fee:
$ N/A
PART J . Park Fee:
$ N/A
PART K. Water Main Extension Deposit `
NOW, TE:� '0 � IT IS aM= '�M--UALLY AGRr b7 M and 'oet-geen the parties
as tollcws, TO -WIT:
1• u.�ICATZON
(a) The Developer offers tm dedicate the .:eal. propertq shown ca
Exhoit "-i", 'Which is attached hereto and made a part hereof Sy reference. 4d
Sa_.�
-I-
413 dedicated property shall be free and clear of all liens or encL� ncest except
those which the CITY shall expressly waive in writing. The Developer agrees not
to revoke said offer of dedication, and to keep said offer open until the CITY
accepts said offer by resolution.
(b) Upon execution of this AGR=fENT the Developer agrees to deliver
a properly executed grant deed to the CITY of the real property described in
Exhibit "A", and such other executed conveyances, or instruments necessary to
convey clear title as herein required. The Developer shall provide, at the
Developer's sole cost and expense, to the CITY:
(1) A preliminary title report issued by a title insurance company
relating to the property offered for dedication; said Preliminary Title
Report shall be furnished prior to Dedi a ion
(2) A standard policy of title insurance issued by a title
company and insuring the CITY in t:.e sum of S_ 0.00 insurance
which shall show said property free and clear of all liens or encumbrances
extent those as the CITY shall ex-P,4!ssly waive in w-riting; said policy
shall be furnished at the time of acceptance of dedication and recordation
of deed.
(c) Upon the condition precedent that tie Developer shall perform each
and every covenant and condition of this AGRED�IENT, the CITY agrees to accept said
real property offered for dedication.
2. INSTALLATION OF T,vORR
It is further agreed that:
(a) The Developer shall install and complete the 'Mork 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 :fork,
the CITY may recover any and all costs incu;:red thereby frrm the Developer or the
Developer's surety or both.
(b) The Developer shall install and complete the Jork F095�A�`414
d and
workmanlike manner in accordance with the plans as approved by the City Engineer
of Cupertino. The Work shall be done in accordance with existing ordinances and
resolutions of the City of Cupertino, and in accordance with all plans, specifi-
cations, 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 meets the standards, specifications, plans, sizes, lines
and grades as set forth.
(c) It is further agreed that the Work shall be done in accordance with
the Standard Specifications of the Department of Public Works, Division of High-
ways, State of California, dated January, 1973 and in accordance with the speci-
fications of the Cupertino Sanitary District where applicable.
Wherever the words "State" or "Division c° Highways" are mentioned in t:?
State Specifications, it shall be considered as referring to the City of Cupertino;
also wherever the "Din,=r" 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 of Cupertino and/or t_',e Cupertino Sanitary District, the specifications
of the Ctty of Cupertino and/or the Cupertino Sanitary District shall take prece-
dence over and be used i-t lieu of such conflicting portions.
3. EXCAVATTnv PFR1,fT7
It is further agreed that the Developer shall comply with Section Three of
Ordinance No. 130 of the City of Cupertino 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 t'_ie exact
date and time when the proposed excavation is to commence.
-4-
4. QUITCLAZ-1 DEED
It is further agreed that Developer, -ah c 9a�e!Gr4i5
en requested by the CITY, shall
quitclaim all his rights and interests in, ,and shall grant to CITY auth
orization
to extract *pater from the 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.
5. BONDS LND OT?iER SECURITY
(a) Upon the execution of this AGRELIENT, the Developer shall file with
the CITY a faithful performance bond to assure his full and faithful perfo=nanc
Of this AGRE�IE:1T. The e
penal sum of said faithful performance bond shall be the
full cost of any payment to be made under this AG2..EaIE;,T, the value of any land
agreed to be dedicated, and any improvements to be made under this AGREE'1ENT. In
the event that improvements are to be made under this AG FR--E^�.T
�1� T the Developer
shall, in addition �o said faithful performance, i—le with the CITY a labor an
materials bond in a Denal sum adequate to assure fully payr and
ment of all labor d
materials required to construct said improvements. The amount of said bonds shall
be as designated by the City Engineer. Said bonds shall be executed by a surety
company authorized to transact a surety business in the State of California and
must be approved by the City Attorney as to form and by the City F-.1gineer as to
sufficiency. In the event that the Developer shall faithfully fail faithfu
p v to perform the
covenants and conditions of this AGREF--E�TT, or to make any payment, or any dedica-
tion of land, or any improvements herein required, the CITY shall call on the
surety to perform this AGREE."ZENT or othen,aise irdemnifv the CITY for the Developer's
failure to do so.
(b) In lieu of a surety bond, the Developer may elect to secure this
AG REL"MiT by depositing with the CITY:
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(1) Cash; or,
F995'!GE 416
(2) A cashier's check, or a certified check, payable to the order
of the CITY; or,
(3) A certificate of deposit, or instrument of credit m
requirements of Gove eeting the
rnment Code Section 66499 (b) or (c),
(c) The amount of said cash, checks, certificate of deposit or ment of credit shall be � instru-
as designated by the City En sneer
g� and shall be the equiv-
alent to that which would have been required had the Developer furnished
with a surety bond. In the event that the Developer shall fail faithfully �the CITY
perform the covenants and conditions of this AGR��g;� to
� , or to make any payment, or
any dedication of land, or any improvements therein required, the CITY ma
the proceeds of said security thereto. y apply
(d) No release of surety bond, cash deposit, check, or certificate deposit, shall be made except upon a of
P pproval of the Ciro Council,
(e) No interest shall be paid on any security deposited with the
6. CHECKING LND INSPECTIJN FEE CITY,
It is further agreed that Developer shall pay any and all necessar
y direct
expanses for inspection
checking, etc., incurred b
Project, and that Developer shall have deposited y CITY in connection with sai
of this AGREEXENT, the amount as set forth herein at Page with CITY , prior to execution
d
2 part C) . Should con-
s tnzction cost vary(
materially from the estimate from which said sum is calculated,
the City Engineer shall notify Developer of any additional
sum due and owing as a
result thereof.
7. INDIRECT EXPENSES
It is further agreed that Developer shall pay to CITY, prior to execution
of this AGREEMENT, indirect expense allocable to
processing these improvements,
the amount as set forth herein at Page 2 (Part D) .
7A. MAP FILING FEE
It is further agreed that the Developer shall deposit with C
to execution of this AGREEi11E:11, for office CITY, Prior
checking of final map and field checking
of street monuments, i�z compliance
Section 4:1 of Ordinance No. 4;
(Revised 12/4/61) of �ITy, the amount as set forth herein at Page 2
(Part I).
8. DEVELOP*ENT AINTEYA-NCE DEPOSIT F 995 a,GE 417
It is further agreed that the Developer shall pay to the CITY,
prior to execution of this AGREZ�ENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust control
and cleaning during the construction period. The development maintenance
deposit may be utilized for repairs of defects and imperfections arising out
of or due to faulty workmanship and/or materials appearing in'said work
during the period until release of the improvement bonds by the CITY. Should
the Developer complete the required repairs to the entire satisfaction of
the CITY, the unused balance will be returned after the release of the
improvement bonds.
9.A. STMf D; AINAGE FIE
It is further agreed that the Developer shall E'�deposit ,rith the
CITY, prior to execution of this AGREyT, a storm d- linage 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 ti g
9. B. WATER HAIN EXTENSION DEPO,STT
The Developer further agrees to deposit with the City those monies
required to comply :i_th "Policy on Water rain Extensions Work and Deposits"
dated 9/30/77. The deposit shall be held by the City until said monies are
needed to implement improvements outlined by the Director of Public Works or
improvements outlined within an adopted Water Master Plan.
Me amount shown herein at Park K, Page 2, sl-tll b the full amount due.
- 7 -
10 . ONE YZAR POTJER COST F S-95 PAGE 4119
It is further agreed that the Developer shall pay to CITY prior
to execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part G), which amount represents the power cost for street lights for one
year.
11. FEES FOR THE INSTALLATION OF STREET TREES
It is further agreed that the CITY shall, at such time as deemed
appropriate by the City Engineer, plant and maintain street trees in con-
formance with the standards of the City of Cupertino. As payment for said
installation and maintenance by the CITY, the Developer shali pay to the
CITY, prior to the execution of this AGRE ,ENT, the amount as set forth
herein at Page 2 (Part H), which amount represents the fees for installation
and maintenance of said street trees, having been calculated at the unit
price of 315.00 per tree.
12. P:�3_K 777S
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" ;cumber 602, 1972 and which.is further stipulated
under PaiL J., F�ge 2 herein.
13. MAINTEN,ANCE OF THE WORK
It is further agreed that the Developer shall maintain the Work,
until all d_ficiencies iP.the Work am corrected to conform to the Plans
and the CITY standards and specifications for the Work. The Developer shall,
upon written notice thereof, immediately repair or replace, without cost
or obligation to t'-e Ci`y of Cupertino, and to the entire satisfaction of
said CITY, all def-cts and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said Work.
- 8 -
C a7J5'1Gt 419
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 AGREL ENT
,with the said District to install sanitary sewers to serve all lots within
said Project and stating that a bond to insure full and faithful performance
of the constructions 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. GOVERti'4ENT CODE
It is further agreed that Developer shall. file with CITY, upon
execution of this AGREEt`1ENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special a,,sessments or bonds, have been complied with.
16. CENTR.0 FIRE DISTRICT
It is further agreed that the Developer shall file with the
CITY, upon execution of this AGREEMENT, a letter from the Central '11're
Protection District of Santa Ciara County, stat*_ig that the Developer
has entered into an AGREEMENT with said District to install fire hvdrants
to serve said Project and stating that all necessary fees have been deposited
with said District to insure installation 2^d five (5) .year rental fee of
said hydrants.
- 9 -
17, STRFyT LIGH_I';G
It is further agreed that the Developer shall apply for the installation
of electric power for street lighting at the earliest date possible.
18. P _ _ ,G F "m D T r 1,
F 93S �.cAZO
It is further agreed that the Developer shall pay to Pacific Gas and
Electric Company and/or to Pacific Telephone and Telegraph Company 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 under -
grounding 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
Telephone and Telegraph Company that said fees are due and payable.
19. ZAS E TTS A.YD RIGHT-OF-WAY
It is further agr,:__d that any easement and right-of-way necessary for
completion of the Project shall be acquired by the Developer at his own cost and
e:cpense. 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-wav,
_hat the Developer shall deposit with CITY a stun covering the reasonable market
value of the land proposed to be taken and to be included in said sum shall be a
reasonable allowance for severance damages, if any. It is further provided that
in ;dditicn thereto, such sums as may be required for le -al fFas and costs,
engineering, and other incidental costs in such reasonable amounts as the CITY may
require shall be deposited with CITY.
20. HOLD HA_I'ILZIaS
It is further agreed that, commencing with the performance of the Work
by the Developer or his contractor and continuing until the completion of th
maintenance of the Work, ti!2 Developer shalt indemnify, hold harmless and defend
the CITY from and against any or all loss, cost, expense, damage or liability,
or claim thereof, occasioned by or in any way whatsoever arising out'of the perfor-
- in -
mance or nonperformance of the Work or the negligence or willful misconduct of
the Developer or the Developer's agents, employees and independent contractors.
21. IN SUZ.AyCE
F 995 �.c� 4ti,1
It is further agreed that: The Developer shall talce out, or shall require
any contractor engaged to perform the Work to take out, and maintain at all times
during the performance and maintenance of the Work called for or required to be
done hereunder, a policy of insurance naming the CITY and members of the City
Council of the City of Cupertino, individually and collectively, and the officers,
agents, and employees of the CITY individually and collectively, as insured. Said
separate policy shall provide bodily injury and property damage coverage to the
foregoing named CITY and individuals covering all the Work performed by, for, or
on behalf of said Developer. Both bodily injury and property damage insurance
:.ust 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,
indivi pally and collectively, and the officers, agents, and amp yees of the CITY,
individually and collectively, have other insurance against the loss covered by
said policy or policies, that other insurance shall be excess insurance only.
(a) Ea,..1 of said policies of insurance shall provide coverage in .he
following minimum amountsc for bodily injury, $100,000 each person; $300,000 each
occurrence; property damage, 850,000 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
timp of execution of this AGZFE,ZLTT by the Developer such evidence of said foregoing
Policy or -policies of insurance as shall be satisfactory to said City Engineer.
-ach such policy or policies shall bear an endorsement precluding the cancellation
or reduction in coverage without giving the City Engineer at least 10 days advance
notice thereof.
(c) In the event that the Project covered herein st:ould be mutuallv
situated in or affect tiA. area of jurisdiction of a Sep --ate municipality or
Political subdivision of the State of California, the policies of insurance required
herein and above shall co -name such municipality or political subdivision and the
provision set forth herein and above for the protection of the City of Cupertino
shall equally apply to municipality and political subdivision.
22-. SUCCESSORS
F 995'acE 422 ,.
This AGREL4ENT shall bind the heirs, administrators, executors, successors,
assigns and transferees of Developer. The assignment of this AGREZIMT shall not
be made without approval by the City Council of CITY.
IN WITNESS WHEREOF, said CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereuato duly authorized by resolution of the City Council
and said Developer has hereunto caused his name to be affixed the day and year
'�+95?!ce 4+� STATE OF LIFORNIIA,
II'' ..----i�_. ss.
_.County of iflT-
On this _-_..._ dayo .
f'�-�-= - - i the Yearonethousand nine
�riG� �G��GG�GG1:2GA2GGT�GT� hundred and ..____C�•"..._.. _. -- ore me,...-_-
OFFICIAL SEAL a Notar Public __ _ _.__....... State o California
KAREN A. WOLF f duly com issioned a ..
-�"!5...___.. 1 nd sworn, personally appeared
NOTARY PUBLIC -CALIFORNIA
a SANTA CLARA COUNTY __....__ .... (?..... �.. )d or, ,_. - ......
1981 '� known to me to be °
My Commission Expires August 29, ewe of the partners of the partnership that executed the within instrument,
�i�GT:TGTJV�G�tGT2G)�2G1:2G). X?fiT`?E,T�G?T2Gi`�r'.�2
and acknowledged to me that such partnership executed the same.
IN WITNESS WHEREOF I have \hereunto
`set my hand and affixed my official seal,
in the y f �.�'•!"•��` pf .1G.�!1.
—.Count o _"_.•
certificate first above ""-"""•'"
-•--------the day and year in this
written. �.
I
owde-; .._...---.".-..._�.._.
ry's Form No. 2g—(Acknowledgment—partnersLip) Notary Public, State of California.
(C. C. Sec. 1189) ,
MY Commission Expires._-Zq',�i
---------------
D NZA VENTURE
City Attorney . a partnership
B ,Q
By
��-
Acknowledgements an('. Exhibit(s) one attached.
- 12 -
n
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
F 995.".IcE 424
On , 19 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to.be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Public in and zor the Countv
of Santa Clara, State of California
CORPORATION ACKNCVL,EDGr::'1ENT
STATE OF CALIFORNIA )
ss.
COUNTY OF S ANTA C- 1RA)
On 19 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
, known to me
to be the _ of the
corporation that executed the within InstrumenL, &130Wn to me to be t'ze person
who executed the within Instrument, on behalf of the Corporation herein named._
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
Notary Public in and for the County
of Santa Clara, State of Calif-7rnia
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