80-041 Bart F. Landauer developer underground utilitiess
ON of r
10300 Torre Avenue
Cupertino, California 95014
Telephone (408) 252-4505
DEPARTMENT OF THE CITY CLERK
September 9, 1980
Mr. Bart F. Landauer
1194 South 2nd Street
San ;rose, CA 95112
IMPROVEMENT AGREEMENT UNDERGROUNDING UTILITY AGREEMENT
We are forwarding to you for your files the following Agreements by P'
and between the City of Cupertino and Bart F, Landauer, which have
been fully executed by City Officials:
1. Agreement by and between the City of Cupertino and Bart F. Landauer
along with a copy of Resolution No. 5397.
2. Agreement by and between the City of Cupertino and Bart F. Landauer
along with a copy of Resolution No. 5380.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
RESOLUTION NO. 5397
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND
BART F. LANDAUER PROVIDING FOR THE UNDERGROUNDING OF
UTILITIES ON A DEFERRED BASIS AT THE SOUTHEAST CORNER OF
STEVENS CREEK BOULEVARD AND ORANGE AVENUE
WHEREAS, Bart F. Landauer, hereinafter referred to as "Developer",
desires to develop his property at the southeast corner of Stevens Creek
Boulevard and Orange Avenue; and
WHEREAS, Developer wishes to defer the undergrounding of utility lines
fronting Stevens Creek Boulevard and Orange Avenue, and
WHEREAS, an agreement has been presented to the City Council providing
for the deferred undergrounding of utility lines at the sole cost of the
Developer all as more fully outlined in said agreement_.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
BE IT FURTHER RESOLVED that the City Clerk is authorized to file said
agreement with the Santa Clara County Recorder. -
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of August 1980 by the following
vote
Vote Members of the City Council
AYES: Gatto,_Plungy, Sparks, Rogers
NOES: None
ABSENT. None
ABSTAIN: None
ATTEST APPROVED:
fs/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino
AGREEMENT
This is an agreement between the City of Cupertino, hereinafter referred
to as CITY and Bart F. Landauer hereinafter referred to as DEVELOPER,
made by and between the parties this 18th
-day of August 1980.
WHEREAS, DEVELOPER desires to develop property the P y d,
escribed In Exhibit
attached and made a part hereof by reference, and wishes; to defer the undergrounding
Of utility lines fronting Stevens Creek Blvd and Orange Avenue
and
WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work
necessary to _complete the undergrounding of said utility lines; and
WHEREAS, the costs for the undergrounding are reduced when the undergrounding
is done in conjunction with other projects on and along the frontages of
Stevens Creek Bvid.and Orange Avenue
, and
WHEREAS, the City and the Developer jointly agree to defer the work until a.
larger project is organized,
NOW, THEREFORE, IT IS HEREBY MTUALLY AGREED by and between the parties hereto
as follows, to wit;
I. Installation of Worii
The DEVELOPER shall install and complete the undergrounding of said utility
lines in conjunction with any project for undergrounding said utility lines on or
fronting the properties on _Stevens Creek Boulevard and Orange Avenue adjacent to
the above mentioned property described in Exhibit "A".
2. Deferment
It is further agreed that the DEVELOPER shall furnish, construct, and install
at his own expense upon six (6) month notice from the CITY, in which event the work
of undergrounding said utilities must be completed within one (1) year thereafter,
or no later than ten lO ) years from the date of this agreement,
AGREEMENT, Page 2
The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other
property owners, the CITY and other public agencies to provide the undergrounding
of utilities as set forth herein under a joint cooperative plan, including the
formation of a local improvement district, if this method is feasible, to secure
the installation and construction of said undergrounding<
3. Successors — Run with Land
This agreement shall bind the heirs, administrators, executors, successors,
assigns and transferees of DEVELOPER. It is agreed and understood that this
agreement shall be filed for record in the Office of the County Recorder of the
County of Santa Clara:, State of California., and that the covenants in this
Agreement shall run with the land, a description of which is contained in Exhibit
"A" which is attached hereto and made a part hereof by reference, and are for the
benefit of the other lands in the City of Cupertino,
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its
Mayor and City Clerk, thereunto duly authorized by resolution of the City Council
and said DEVELOPER has hereunto caused his name to be affixed the day and year
first above written.
DEVELOPER.
�r r
Approvedas to form:
/ X " ' //" / /
City Attorney t
CITY OF CUPERTINO
t ' sf )
ayo r �.y'
{
City Clerk
EXHIBIT "A"_
T
ALL THAT CERTAIN__REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF.CALIFORNIA _DESCRIBED AS FOLLOWS;
LOTS A; B, C, D AND E IN BLOCK 3, AS SHOWN ON THE MAP OF THE RESUB-
DIVISION OF SUBDIVISION NO. _1, TOWN OF_MONTE VISTA,, RECORDED APRIL 11,
1917 IN B0OK P PAGE 24. OF MAPS, RECORDS OF SANTA CLARA COUNTY- CA•LIFORNII''
EXCEPTING FROM SAID LOT A THE INTEREST IN..AND TO THAT PORTION. THEREOF
LYING WITHIN THE BOUNDS OF -ORANGE AVENUE, 34 FEET�_WIDE, AS CONVEYED TO
THE COUNTY OF SANTA CLARA,-! FOR PUBLIC ROAD AND HIGHWAY PURPOSES, _ BY
DEED RECORDED FEBRUARY 24, 1954 IN BOOK 2820_PAGE 585,.OFFICIAL RECORDS.
x
r
STATE OF CALIFORNIA )
ss .
COUNTY OF SANTA CLARA)
On July 23 19 80 before me, the undersigned, a
Notary Public in and for said State, personally appeared
Bart F $ Landauer
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.
OFFICIAL SEAL
rNCI,LI'M S. EEO.,
� NOTARY PUBLIC - ALiP RNI
SANTA COUNTY
:votary Public in and for the County
My Commission Expires June 20,1981 a
of Santa Clara,_ State of California
----------------------------------------
CORPt RATIOIN ACK� OWLEDGE.,iENT
STATE OF CALIFORNIA )
} ss,
COUNTY OF SANTA CLARA)
On j 19 before me, the nc-le si ned,
�- _r �� � ";otary
Public in and for the said State, personally ap?eare3
nown to _ me to
be the of _ 7 the
corporation that executed the within Instrument, known co me vo be the -verso
who executed the within Instrument, on ehal-f o the r -eaiY
and acknowledged to me that such Corporation axecutea, ..:.:e ,..._
IN WITNESS ,-HIEREOF, ? jav e he Bunt,, sec 7=111111 _
seal in the Count-W ;of Santa 1--1 ara �_e .:. < ixr? _
above writtan.
RESOLUTION NO® 5380
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPIERTTI40
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PR01 ERT'Y---
LOCATED AT THE SOUTHEAST CORNER OF STEVENS CREEK BOULEVARD
AND ORANGE AVENUE DEVELOPER, BART F. LANDAUER AUTHORIZING
EXECUTION OF IMPROVEMENT AGREEMENT, AUTHORIZING SIGNING OF
PARCEL MAP AND IMPROVEMENT PLANS
WHEREAS, there has been presented to the City "Council for approval
of the parcel map and improvement plans of property located at the southeast
corner of Stevens Creek Boulevard and Orange Avenue by Bart F. Landauer;
and
WHEREAS, there has been presented to the City Council a proposed agree-
ment for the construction of streets, curbs, and gutters, and for other
improvement, and good and sufficient bonds (letter of credit), fees and
deposits as set forth in Exhibit "A" havingbeen '
the f
performance of said work and the carrying out of said agreement; andasaidul
map agreement, and bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said parcel map and 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 authorized to sign said improvement
plans.
d. The City Engineer and the City Clerk are hereby authorized to sign
said parcel map.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of tile
City of Cupertino this 1St_ h_ day of August
vote: 1980 by the following
Vote Members of the City Council
.AYES: Gatto, Plun
NOES: gy= Sparks Rogers
None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED:
/sl Dorothy Cornelius
City Clerk Lq / Bark Q
Mayor, City of Cupertino
Resolution No. 5380
SCHEDULE OF BOND,
FEES, AND
DEPOSITS
DEVELOPMENT; Commercial
DEVELOPER; Bart F. Landauer
LOCATION: Southeast Corner of Stevens
Creek
Boulevard and Orange Avenue
FAITHFUL PERFORMANCE BOND;
$
20,000,_00
Twenty Thousand and no/100 Dollars
LABOR AND MATERIAL BOND:
$
20,000z00
Twenty Thousand and no/100 Dollars
CHECKING AND INSPECTION FEE;
$
12000.00
One Thousand and no/100 Dollars
�^
INDIRECT CITY EXPENSES
$
150,00
One Hundred Fifty and no/100 Dollars
DEVELOPMENT MAINTENANCE DEPOSIT:
$
250.00
Two Hundred Fifty and no%100 Dollars
STORMS DRAINAGE FEE:
$
726.00
Seven Hundred Twenty -Six and naf100
ONE YEAR POWER COST:
$
46.00.
Forty -Six and no/100 Dollars
TREE FEES;
$
By Developer
MAP CHECKING FEE:
$
50,00.
Fifty and no/100 Doll-ars
PARK FEE;
$
N/A
WATER MAIN EXTENSION DEPOSIT - _Stevens
Creek $
12200.00
One Thousand Two Hundred Dollars
AG REEME -N T
This AGREEMENT made and entered into this 18th ^day of
August 80
19 , by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter designated as CITY, and
BART F. LANDAUER
hereinafter designated as Developer. ,
W I T N E S S E T H
WHEREAS, the Developer has made application to the CITY for a
Parcel Map
and is securing_ a_buiding_permit from CITY to construct and maintain a_
Commercial Development
hereinafter referred to as '"Project."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by Civil and Construction Consultants
a true copy of said improvement plans_ and specifications are on file in the
office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated
herein by reference, the same as though set out in full, now, therefore,_ said
improvement plans and specifications shall be hereinafter called "the Plans,"
and the work to be done under the plans shall be called "the Work."
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby
establishes the amounts of Bond, Fees, and Deposit as set forth in the following
schedule:
5 i_'7 WND F=S p
?.A R i♦ m a t:b
20 Ooo.00
Twenty Thousand and no/100 Dollars
Labor and wit -7 Bond.
20,000.00
Twenty Thousand and no/100 Dollars
-ART C I=.s-pect c-m Fee:
S 1 000.00
One Thousand and 1io/100 Dollars
lz .,.eon Cit7 t ens,es
$ 150.00
One Hundred Fifty and no/100 Dollars
PART - Devel,op eat ya-Lztanance Deposi
250,00
_
Two Hundred Fifty and no/100 Dollars
..m" Storm1'raiaga :tie:
� 776 nn
Seven Hundred Twenty -Six and no/100 Dollars
° k.', G . -Gme Year Power Cost:
46.00
Forty -Six and no/100 Dollars
P-'-I : Tr e - Fees: ,
S By Developer
---------------
P�'xT L. :'f.ZU Chet z ,ee-
'
,. 50.00
Fifty and no/100 Dollars
FART J . Park Pee a
3 N/
----------------
PART K. 'Water Main Extensiom Depose c _ ~
Stevens
$
Creek
7 inn nn
One Thousand Two Hundred and no 100 Dollars
'TOW' ,_ �_ =�T ug *J T v
as 1®b.J.oWS.s .L41`aYi1..L e
T
The Dev lope_ 1-ars "tle Lea-1 �
Prove_fi
7 shown on
'L
paz s
1-7s
d
dedicated property shall be free and clear of all liens or encumbrances 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 AGREEMENT the Developer agrees to deliver
a properly executed grant deed to the CITY of the real property described in
Exhibit "A", and such other executed conveyances, or instruments necessary to
convey clear title as herein required. The Developer shall provide, at the
Developer's sole cost and expense, to the CITYa
(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
7
(2) A standard policy of title insurance issued by a title insurance
company and insuring the CITY in the sum of $ and
which shall show said property free and clear of all liens or encumbrances
except those as the CITY>shall expressly waive in writing; said policy
shall be furnished at time of acceptance of dedication and recordation
of deed.
f�
(c) Upon the Condition precedent that the Developer shall perform each
and every covenant end condition of this AGREEMENT, the CITY agrees to accept said
real property of erect for dedication.
2. INSTALLATION OF WORIL
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 the
Developer's surety or both.
(b) The Developer shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the City Engineer
of Cupertino. The Work shall be done in accordance with existing ordinances and
resolutions of the City 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-
fica'eions of the Cupertino Sanitary District where applicable.
Wherever the words "State" or `Division of Highways" are mentioned in the
State Specifications, it shall be considered as referring to the City of Cupertino;
also wherever the "Director" or "Director of Public Works" is mentioned, it shall
be considered as referring to the City Engineer.
In case of conflict between the State Specifications and the specifications
of the City of Cupertino and/or the Cupertino Sanitary District, the specifications
of the City of Cupertino and/or the Cupertino Sanitary District shall take prece-
dence over and be used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the Developer shall comply with Section Three of
Ordinance No. 130 of the City 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 the exact
date and time when the proposed excavation is to commence.
4 . 2UITCL kIM DEED
It is further agreed that 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 underground strata lying beneath said n_ roject and
Developer agrees to execute a "Quitclaim m Deed and Authorization" in favor of
CITY, when presented to him for signature.
5. BONDS AND OTHER SECURITY
(a) Upon- the execution of this AGRELMENT, the Developer shall file with,
the CITY_ a faithful performance bond to assure his full and faithful performance
of this AGREL-ME'NT. The penal sum of said faithful performance bond shall be the
full cost of any payment to be made under this AGREE1-1ENT, the value of any land
agreed to be dedicated, and any improvements to be made under this AGRE21ENT. In
the event that improvements are to be made under this AGREEi1ENT, the Developer
shall, in addition to said faithful performance, file with the CITY a labor and
materials bond in a Penal sum adequate to assure full payment of all labor and
materials required to construct said improvements: The amount of said bonds shall
be as designated by the City Engineer. Said bonds shall be executed by a surety
company authorized to transact a surety business in the State of California and
must be approved by the City Attorney as to form and by the City Engineer as to
sufficiency. In the event that the Developer shall fail faithfully to perform the
covenants and conditions of this AGDEEHENT, 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`1ENT or otherwise indemnify the CITY for the Develo er's
P
failure to do so.
(b) In lieu of a surety bond, the Developer may elect to secure this
AGREE`IENT by depositing with the CITY,
-5-
(1) Cash, or,
(2) A cashier's check, or a. certified check, payable to the order
of the CITY, or,
(2) 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 instru-
ment of credit shall be as designated by the City Engineer, and shall be the equiv-
alent 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 therein 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
P P approval of the City Council.
(e) No interest shall be paid on any security deposited with the CITY.
6. CHECXI14G 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 C) Should con-
struction 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 CITY, prior
to execution of this AGREEiCiENT, for office checking of final MaD and field ch, ec:iFin
of street monuments, in compliance with Section 4;1 of Ordinance No. 47
(Revised 12/4/61) of CITY, the amount as set forth herein at Page 2
(Part I)
8, DEVELOPMENT ZUINTENANCE 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 unused balance will be returned after the release of the
improvement bonds.
9.A. STORM DRAINAGE FEE
It is further agreed that the -Developer shall deposit with the
CITY, prior to execution of this AGZREL-MENT, 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) ,
9.B.---WATER MAIN EXTENSION DEPOSIT
The Developer further agrees to deposit with the City those monies
required to comply with "Policy on Water Main Extensions Work and Deposits"
dated 9/30/77. The deposit shall be held by the City until said monies are
needed to implement improvements outlined by the Director of Public Works or
improvements outlined within an adopted Water Master Plan.
The amount shown herein at Park K, Page 2, shall be the full amount due.
10. ONE YEAR POWER COST
It is further agreed that the Developer shall pay to CITY prior
to execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part G), which.amount represents the power cost for street lights for one
year,
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 shall pay to the
CITY, prior to the execution of this AGREEMENT, 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 $15.00 per tree.
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 stipulate.d
under Part J., Page 2 herein.
13. MAINTENANCE OF THE WORK
It is further _agreed that the Developer shall maintain the Work,
until all deficiencies in the Work are corrected to conform to the Plans
and the CITY standards and specifications for the Work. The Developer shall,
upon written notice thereof, immediately repair or replace, without cost
or obligation to the City of Cupertino, and to the entire satisfaction of
said CITY, all defects and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said Work.
8 -
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 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 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. GOVERNMENT CODE
It is further agreed that Developer shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assessments or bonds, havebeencomplied with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the Developer shall file with the
CITY, upon execution of this AGREEMENT, a letter from the Central Fire
Protection District of Santa Clara County, stating that the Developer
has entered into an AGREEMENT with said District to install fire hydrants
to serve said Project and stating that all necessary fees have been deposited
with said District to insure installation and five (5) year rental fee of
said hydrants.
19 a OLD
further a : e_.� that co ; -� � L
7 t is _ s�
a enc�;zg _ �. —e. oer -ormance of the Worst
by the Develoaer or his contractor and continuing until the comnj_�tior�
' T or t�.e
maintenance of the Work, the Developer shall indemnif®� T
- � hold harmless and defend
the CITY from and against any or all loss cost_
y e-%Tpe�.se damage or _a
or claim thereof, occasiomed 'ov or in, any way whatsoever aris-izig out of the per —
for -mince or acmperf orhance of the "ort or the aegligence or wil1 } T
ul m_sccnduct of
the Develober or the Deve?oner's agents, and n
- i :dependent contractors ,
20. DTSU-R- ,7CE
Itisfurther agreed that: The Deveioner shall take our., or shah. recui
any contzactoz angaggd to perform the Worm to take out, and maintain at all -
�.em.es
during the 'PerJ:Or=azca and =.iatp-=--zce of the ;work called
for or racum.red to 'oe
done Hereunder, a ooi cv of izsurauce .
o.ng the CIS?' and members Of the City
Council of the City of Cupertino, individua-11.7 and collect;vely, and the officers,
agents, and emn707ees of the C171 individually and col actcvely
' ,_ as 4.tsuz?r3 , Said
se'oazats po - cy shal® or -vide bodily irjuyy and orapert-r daag cove -age en
foregoing gamed CITI and individuals covering al the Work Per -formed by, for, or
on beHal F of said Develover. . Both bodily and orooer ,- damage _�s c-, , an
_
--c e
must be on an occur ahce oasis; and said co.l cy or ooltcies shah provide that the
coverage afforded thereby shaTI- be primary coverage: to the fu T 1 ;
Y � � l�im_ t of..4 ab - 7
stated i : the declarations, and _ if the CITY, its members of
..the Ci t'. CioL.ucc.? ,
ind:ivydual.17 and collecti-rely, and the s �e
Officers, agents, •mnts, and emplo?rees of 1e ia.LT'f,
individually and collectiveZv, have other insurance against the loss covered by
said DoliCv or Policies, r-hat other insurance shall e- e
. be ...,iCdSS insurance
(a) Each of said policies of insurance shall orov;,de coverage ;
follow' d'i minimum amcuatss for bodily �n ury
' s $100, 000 each tersorz; tiDC?0, OCC sac:,
occ rzance; oropert-
,r damage, u 0,000 on account of any ore occurs ance
aggregate li .a t of not less_ than S200,000,
- 10-
rt
(b) The Developer shall file with the Cit;,r Engineer at or DriIor to the
time of a -recut an Of this AGREEMMMTT by the Lrevelooer such evidence of said foregoing
Policy or policies of insurance as shall be satisfactory to said Cite Engineer.
Each such Policy or
y 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 should be Mutually
situated in or affect the. area of .
jurisdiction of a separate nunic-palit, or
ao lm tical subdivision of the State of Ca.lifor-rua
the ®olicies of z.asurancQ required
herein and above snail cc -name such municiaality or aolitical subdivision and the
provision set forth herein, and above for the protection o2 tl e Ci `� ty of Cupertino
shall equally apply to nunicipalit7 and poli-tical subdivision.
21. SUCCESSORS
This AjGPZZ_TT shall bind the heirs administrators,
y ezecutors,
sucCesSOiS y
assigns and twans®erees of Eeve.lo-oer. The ass4c, ent of this shall not
be made without approval by the City Council of C,Ty.
{
0 WI , SS TYOF, said CITY has _ caused its name to be hereunto affixed by
its Hayor and Citg Clark, th reun o duly authorized by resOluti0a Of the C-itY Council
and said Developer has hereunto caused his name to be affi.cad the day and 7ear
first above written.
CITY OF CUPER.TINt
By 4/7
. Mayor
By
City lerk
t
Approved as to for DEVELOP
F
//A
City
By
Acknowledgements and Exhibit (s) - attached.
STATE OF CALIFORNIA,
ail
On this !' day of_ 2 !& .� S .._ its the year osse th zcsa�ad saxsse
hundred atad... .,aHa.. c�� � . before arse... ... .�" a?.�_ t .Lt����? t.le�".. ��r � L
a Notary Publ' State of California., dam' commissioned and rworn, personally appeared
OFFICIAL SEls3 .-.
� -., f3tItiN l MAPJi: CoR;�El*lettt$ ksaourss to rrse to be the pars .. zcrJtose to the waileira instrument
N01 RY PUBL1 c:A&oid4lA and acknowledged to me that. .....hew_z__execided the same,
SANIA CLAkA Ci- t V r IN WITNESS WHEREOF I have Sato set mhand and affixed y official seal
aka. i 1 y,�,
i : its the .m1�ab,
.zs ��....wG osty a .. � :.�.. �,..... Em . �. � ihe d ay arrrl Sear ire dais
certaicate rve written,
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Cowdexy's Form No, 32—Acknowledgment—General. Notary Public, State of California.
(C. C. Sec. 1190a) My Commission Expir —._. :: .._ - .... ..m