80-057 Itsuo Uenake Developer res. # 550710300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino, California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
December 19, 1980
Mr. Itsuo Uenaka
10431 No. De Anza Boulevard
Cupertino, CA 95014
IMPROVEMENT AGREEMENT
Dear Mr. Itsuo Uenake:
We are enclosing to you for your files a fully executed copy of the agreement
by and between the City of Cupertino and Itsuo Uenaka, et. al., along with a
copy of Resolution No. 5507 which was enacted by the City Council of the City
of Cupertino on December 15, 1980.
Sincerely,
D090THY CORNELIU�
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
To Dorothy Cornelius, City Clerk
C1
Information
CI
Implement
CI
Investigate
!=1
Discuss
See me
j-1
Reply
CITY OF CUPERTINO
INTERDEPARTMENTAL
Our File; 51,539
Date Dec. 17. 1980
From Bert J. Viskovich
Director of Public Works
MESSAGE: Itsuo Uenaka, et al., De Anza Blvd.
Transmitted are three sets of improvement agreement for signatures
of City_.officials. This is a deferred agreement and requires
recordation. Please return a completed copy to Mr. Itsuo Uenaka
--a.-t 4-043-1 No. De Anza Boulevard; Cupertino, Ca. 95014.
sm
attach.
-
Reply:
SIGNED: DATE
Send parts l and 2; retain part 3 for follow-up; part 2 to be returned with reply
/
IJ
10300 Torre Avenue P.O. Box580
Cupertino, Cal iforni a 95014 Cupertino, California95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
December 19, 1980
Mr. George A. Mann
Santa Clara County Recorder
70 West Hedding Street
San Jose, CA 95110
DOCUMENT FOR RECORDATION
Will you please record the enclosed document as follows:
Agreement - Agreement by and between the City of Cupertino and
Itsuo Uenaka, along with a certified copy of Resolution
No. 5507.
Sincere.ly5...,'
7
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
F 867 F!C,- 455
RESOLUTION NO. 5507
F 867 4�5
r
JA c a i U 22i'f ' 8
f'_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERT �' a�A GLARA 0 NT.1�
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPE'RGE A M� '
1S►RAR.IJ
LOCATED ALONG THE WEST SIDE OF DE ANZA BOULEVARD SOUTH OF
MARIANI AVENUE; DEVELOPER, ITSUO UENAKA, ET AL.; AUTHOR-
IZING 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 along the
west side of De Anza Boulevard south of Mariani Avenue by Itsuo Uenaka,
Marian F. Uenaka, Ernest S. Uenaka and Shigeko Uenaka; and
WHEREAS, there has been presented to the City Council a proposed agree-
ment containing provisions for the immediate and deferred for the construc-
tion of streets, curbs and gutters, aid for other improvements, and good
and sufficient bonds (letter of cred't), fees and deposits as set forth
in Exhibit "A" having been presented for the faithful performance of said
work and the carrying 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 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 herby authorized to sign
said parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
f. The deferred agreement shall be recorded with the County Recorder.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 15th day of December , 1980 by the folhozI-1,ng' G..te:
THIS IS TO C rTI'rV'Tt N'174FHIN
Vote Members of the City Council INSTRLM EN—t IS AT E AI4 r>n =E ,copy
AYES • Gatto, Plungy, Sparks, Rogers [IF THE ❑RIGIP'dfaL i J Eal IN T oF�ICE.
NOES: None
ABSENT: Johnson ATTESTa --.�
ABSTAIN: None
CITY CLEF T. E' CITY CF C No
BY t l Ae
G
ATTEST: APPROVED: Ch✓TY RIB
,a v�F,,,
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino
Resolution No. 5507
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS F 867 45G
DEVELOPMENT: ITSUO UENAKA, ET AL.
Commercial Development
LOCATION West side of De Anza Blvd. south of Mariania Avenue
North De Anza Boulevard Defer
3ond. $ $6,000,00 - cul de sac
Sig: Thousand and no/100 Dollars
=-_ 3. : a_:cr and uacex=i 3cnd.
Six Thousand and no/100 Dollars
PJ C . Crec!s_ng and Fee:
North De Anza Boulevard Deferre
$ $6.000.00 - cul de sac
North De Anza Boulevard Deferre
$ 360.00 - cul de sac
Three Hundred Sixty and no/100 Dollars
ect Cic7 Zx=ems es. $ 54.00 -
Fiftv-Four and no/100 Dollars
"'= Develoncent "a�cnca LePosic: $ 250.00
Two Hundred Fifty and no/100 Dollars
??i= - . St:,.^rnage Fee: S 10,582.00
Ten Thousand Five Hundred Eighty -Two and no/100 Dollars
P_ C • CCe 'ea-- PCve= Ccs t : $ On File
T= e_ Fees: $ By Devel
oper
CHecs::g Fee: e 50.00
Fifty and no/100 Dollars
P_R= J. ?a.'.t Fee: $ N/A
PART K. 'Nara= w.a_a Eaters-.cn Denosit $ N/A
RF _N Tea ,CITY
iCUPERi'i; =.`, CAA OZ3014
A G R E E :4 E N T
This AGREEMENT made and entered into this 15th
N 0,
WITH L v 103
day of
December , 19 80 by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter designated as CITY, and
ITSUO UENAKA, MARIAN F. UENAKA, SHIGEKO UENAKA, AND ERNEST S. UENAKA ,
hereinafter designated as Developer.
W I T N E S S E T H
WHERE. -AS, the Developer has made application to the CITY for a
and is securing a building permit from CITY to construct and maintain a
Commercial Development ,
hereinafter referred to as "Project."
�vMEREAS, the CITY hereby agrees to permit deferTqent of required development
improvements along North De Anza Boulevard only, in accordance with the provisions
in this AGRE04ENT, and
WF.EREAS, the Developer hereby agrees to provide necessary improvement olans
and specifications -at such time as they may be required by the City Engineer
or as provided herein, and
WHEREAS, ,the Developer further agrees to perform at his sole cost all the
work necessary to complete installation of those improvements which will be
required in accordance with those plans to be prepared, and
','HERL.S, the Developer agrees to provide bonds, cash payments, or other
guarantees as outlined herein to assure compliance with conditions of development
approval, and
pursuant to the provisions of this AC_UE=FNT, the CITY hereby
establishes the amounts of Bond, Fees, and Deposit as set forth in the following
scheduler
-1-
SC=- OF 30.E . : `=S . UM D ^SI'_'S F 867 P' 458
North De Anza Boulevard Deferred
A. =3==h=31 Psr=ars2nc_ 3ond: S $6,000.00 - cul de sac
Six Thousand and no/100 Dollars
p�T• 3 •
"for end Sat :ri31 Bond:
$
North De Anza Boulevard Deferred
$6.000.00 - cul de sac
Six Thousand and no/100 Dollars
PA?= C.
Checs=ng and InsV ect:ar. Fee:
$
North De Anza Boulevard Deferred
360.00 - cul de sac
Three Hundred Sixty and no/100 Dollars
"
FAR D.
L:dr act CitF Expenses:
$
54.00 ^
Fifty -Four and no/100 Dollars
PA3: Z.
Development ua:.nt� :aace Deposit:
$
250.00
Two Hundred Fifth and no/100 Dollars
P?..3_ - .
Stagy Drainage Fee:
S
10,582.00
Ten Thousand Five Hundred Eighty -Two and
no/100 Dollars
P°- v • Cme Year Power Ccst : $ On File
PAR= H. T_ _s Fees:
PART 1. uFa Checking F ee
Fifty and no/100 Dollars
P-AR: J . P a= k. Fee:
PART Z. 'Water Main Extensian Deposit
$ By Developer
S 50.00
$ u/A
$ N/A
NOW, "'-'O IT IS`.U7JALLIT AGE:.' � - o h `
y 7 by :sd �e��e n t .e Par =es �eratc
as fcl:cw s , TO-w
(a) The Deve? ape= c _ ars to ded_cat= the ran± :ripe= _3 snow-n an
which :s attac.ed he=ac= and made a pa= herd+_ Sy r2S-rance. Sa-c
F 867 459
dedicated property shall be free and clear of all liens or encumbrances except
those which the CITY shall expressly waive in writing. he Developer agrees not
to revoke said offer of dedication, and to keep sai 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 7nveyances,
' of the real property described in
Exhibit "A", and such other executed c, or instruments necessary to
convey clear title as herein requir,,6d. 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 ;
(2) A standard policy of title insurance issued by a title insurance
company and in the CITY in the sum of $ and
which shall / ow said property free and clear of all liens or encumbrances
except those -as the CITY shall expressly waive in writing; said policy
shall be furnished at the time of acceptance of dedication and recordation
of deed.
(c) Upofi the condition precedent that the Developer shall perform each
and every covenant and condition of this AGREEMENT, the CITY agrees to accept said
real property offered for dedication.
2. 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 the
Developer's surety or both.
-3-
7 " i 8 6- 4'Y/ V
(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-
fications 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-
4. QUITCLALNI 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 project and
Developer agrees to execute a "Quitclaim Deed and Authorization" in favor of
CITY, when presented to him for signature.
5. BONDS AND OTHER SECURITY
(a) Upon the execution of this AGREEMENT, the Developer shall file with -
the CITY a faithful performance bond to assure his full and faithful performance
of this AG= -HE dT. 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 AGREEIENT. In
the event that improvements are to be made under this AGREMIENT, 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. Th�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 AGREF24ENT, 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,IENT or otherwise indemnify the CITY for the Developer's
failure to do so.
(b) In lieu of a surety bond, the Developer may elect to secure this
AGREEMENT by depositing with the CITY:
-5-
F 367 4 G 2
(1) Cash; or,
(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 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 approval of the City Council.
(e) No interest shall be paid on any security deposited with the CITY.
6. CHECXING 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 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 AGREE'.1ENT, for office checking of final map and field checking_
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 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 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 AGREEMiT, 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.
- 7 -
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 stipulated
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.
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, have been complied with..
16. CENTRAL FIRE DISTRICT
It`is further agreed that the Developer shall file with the
CITY, upon execution of this AGREEMENT, a letter from the Central Fire
Protection District of Santa Clara County, stating that the Developer
has entered into an AGREEMENT with said District to install fire hydrants
to serve said Project and stating that all necessary fees have been deposited
with said District to insure installation and five (5) year rental fee of
said hydrants.
��
17. STREET LIGHTING
It is further agreed that the Developer shall apply for the installation
- of electric power for street lighting at the earliest date possible.
18. P.G.& E. AM P.T.& T.
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. EASEIIENTS AND 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 sad 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,
e
engineering, and other incidental costs in such reasonable amounts as the CITY may
require shall be deposited with CITY.
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, the Develope-r shall indemnify, hold harmless and defend
the CITY from and against any or all loss, cost, expense, damage or liability,
or claim thereof, occasioned by or in any way whatsoever arising out of the perfor-
'r
- 10 -
7 P!":- 4 G 7
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. INSURANCE
It is further agreed that: The Developer shall take out, or shall require
anv contractor engaged to perform the Work to talke out, and maintain at all times
during the performance and maintenance of the Tdork called for or required to be
done hereunder, a policy of insurance naming the CITY and members of the City
Council of the City of Cupertino, individually and collectively, and the officers, -
agents, and employees of the CITY individually and collectively, as insured. Said
separate policy shall provide bodily injury and property damage coverage to the
foregoing named CITY and individuals covering all the Work performed by, for, or
on behalf of said Developer.. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide that the
coverage afforded thereby shall be primary coverage to the full limit of liability
stated in the declarations, and if the CITY, its members of the City Council,
individually and collectively, and the officers, agent!�-,, and employees of the CITY,
individually and collectively, have other insurance against the loss covered by
said policy or policies, that other insurance shall be excess insurance only.
(a)Each of said policies of insurance shall provide coverage in the
following minimum amountsc 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 AGREEIENT by the Developer such evidence of said foregoing
policy or policies of insurance as shall be satisfactory to said City Engineer.
Each such policy or policies shall bear an endorsement precluding the cancellation
or reduction in coverage without giving the City Engineer at least 10 days advance
notice thereof.
(c) In the event that the Project covered 'herein should be mutually
— 11 —
F 867 P!,1468'
situated in or affect the area of jurisdiction of a separate municipality or
political subdivision of the State of California, the policies of insurance
required herein and above shall co -name such municipality or political sub-
division and the provision set forth herein and above for the protection of
the City of Cupertino shall equally apply to municipality and political sub-
division.
22. DEFERMENT
It is further agreed that the Developer shall furnish, construct and
install at his own expense, either upon six (6) months notice from the CITY,
in which event the Work must be completed within one (1) year thereafter, or
in the absence of such notification, no later than five (5) years and six (6)
months from date of this AGRMIENT, the following improvements:
1. Sidewalks, landscaping and other public improvements as
t
required by City ordinances and conditions
Until such notification is made by CITY, or such time has elapsed,
Sections numbered 2 - 22, except section 9 (et al) f
are hereby ,deferred. The Developer further agrees to cooperate, upon notice
by the CITY,'with other property owners, the CITY and other public agencies to
provide the improvements set forth herein under a joint cooperative plan,
including the formation of a local improvement district, if this method is
feasible to secure the installation and construction of the improvements.
- 12 -
2C . SJCC=_ SORS - RIM ' - F ' I'M
f This AG -,I IMNI shall bind the heirs, admi:.istrators, executors,
successors, assig= s and transferees of Developer. It is agreed and u-.derstood
that this AG2S=. sham be filad for record in the Office of the County
1
Recorder of the Count? of Santa Clara, State of Califorzu.a and that the
covenants in this �1GZE=f�+� shay? run with the -land, a description of which
is conta=ned is ?--.h+i bit which is attached hereto and made a oar t hereof
by reference, and are for the benefit of the other. lands in the City of
Cup ert4no .
IN WIMINESS Tva�DF, CI?'Y has caused its name. to be hereunto a=f_ red by
its i{avor and Ci_3 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 abcve wL_ttan
CITY OF CUC =MTO
=Ary���
.e
3y _ r�ea 2
- . aa7o r
By Approved as to form: DEVELOP
zlw 11
! J City At:crnE;T,,c
3y
Ack::c,; ed:;a—_e=:s and A.R at_ach. ed
- 13 -
F t3E;7 ?i 4'703
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On Oa7CI-,qr 1 r 19 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
itsuo Janaka, marian F. Usnaka, Shiggko Urmaka and U--nest S . Lrena a
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
PETER M. NAKAHARA
IOTARY PUBLIC--CALIFORNIA
SANTA CLARA COUNTY
I4 19ES2
r, ..,, Ion Expires August 1
---------------------------------------
z"
Notary Pub c in an for the County
of Santa Clara, State of California
CORPORATION ACKNOITLEDGE`fENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
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 Instrument, known to me to be the 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 California
F 867 47-1
rXUTRTT "A"
That certain real property within the City of Cupertino delineated
as Parcel 5 on that certain Record of Survey filed for record in
Book 316 M., Pages 46.and 47, Santa Clara County Recorder.
10 IV-89"52'24'E MAR/AN/ 607
IVO*02'OG-W.
49.90,
F 867 472
Hr"A" T B
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(/V. 89.68,00
9.96. fG)
I
Z6 393.5G, /V 89 o52,24 "E.542.53'
. ..... i32.53'
.... ..
60
7IC71 CR
LQ
)
9 7IC71
I IL 115 69 '52'24
)rain Ease. IC77,3,-56,9
34_ L IQ,
C773P572
O
C� o^i��
o'Q,.'� I PARCEL 5
10'Sani.Aclry Sewer Ease. 2.512 t Acres
X10 U. E.
F f 0 IR/_/. E I uj N l
...... 1.30 1
....... 510.31'
9 3G. 35' ........ 40'
Q)
23.
This Zi :Mr."L shall bind the heirs, admiziscrators, executors,
successors, ass:6 s and transfer=_as of Developer. It is agreed and urders tood
that this sham be filed for record in. the Office of the County
It
Recorder of the Ccuncy of Santa Clara, State of Cali.Tornia and that the
covenants in this AGMZ---'=ii sham run with the .land, a desc_ipticn of which
is ccnta=ned in ?-chibit " 4" which is attached hereto and made a part hereof
by reference, and are for the benefit of the other. lands is the City of
Cup ertino .
IN '�I_"SS ?�DF, CITY has caused its name. to be hereunto af:;ed by
its :Savor and Cit•3 C'_er�, thereuntc duly authorized by resolution of the City
Courcil and said Developer has hereunto caused his name to be aff— _ed the day
and year first above w—.-ttan.
CITY OF CUP=iNO
sy
iiaya r
' 2
` Ci; Cl er t
Approved as to f o
City :attorney
1
i
3y
Ac:=.cw ed--e— is a d attached.
13 -
CITY OF CUPERTINO
INTERDEPARTMENTAL Date Jan. 21, 1981
To Dorothy Cornelius, City Clerk From Bert J. Viskovich
Director of Public Works
Cf Information
r-1 Implement
=1 Investigate
Discuss
See me
1-1 Reply
Reply:
MESSAGE: Release of Covenants - Uenaka
Transmitted for signatures are three sets of the Release of
Covenants Agreement with Itsuo Uenaka. This document requires
recordation.
Please return one copy to this office and forward a copy to
Mr. Uenaka at 10431 No. De Anza Blvd., Cupertino, Ca. 95014.
sm
attach.
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
f
REC FEE a/
MICRO
LIEN NO
SMPF
F TP41
AT iREQUES1- of
FEB 10 ? 27 P 161
RESOLUTION NO.F 55 1 '01"FICIA R�rOR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPER-J&
Rba
AUTHORIZING EXECUTION OF RELEASE OF COVENANTS FOR PUR-AN���'
CHASE OF ENGINEERING PLANS AND SPECIFICATIONS - ITSUO
UENAKA, NORTH DE ANZA BOULEVARD
WHEREAS, the City of Cupertino and Itsuo Uenaka, did agree, by way of agree-
ment which was recorded in Book 854, Pages 122, 123 and 124, that Itsuo
Uenaka would pay the City for engineering plans and specifications in con-
junction with Crossroads Unit 2; and
WHEREAS, itsuo Uenaka has paid the City the sum of Six Thousand Two
Hundred Four Dollars ($6,204.00) in return for the release of all agree-
ment interests, covenants and restrictions on Parcel A of that certain parcel
map; recorded December 22, 1980 in Book 477, Pages 28 and 29.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby
authorized to execute the "Release of Covenent" agreement in behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of January , 1981 by the following
vote:
Vote Members of the Citv Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius TKIS IS,
I�STRIJIdiEN-f I=;ATjt4l�,4,�r.�:C:__! 1lT 00
City Clerk OF THE ❑RIGINAI_, (]:N'FIL ' iPq .: OFFICE.
ATTEST,
I
CITY CL K 11 THE CITY OF Rl` NO
®Y
CITY. LERK
R5TLJR-N Tr)
OF
10000 'T' ° %' NO FEE IN /AC'.t, — i �►�14�
Cl.11°ER 8"v'-), r " l WITH 60V CODE 0103
Release of Covenants for Purchase of Engineering Plans and Specifications
per Agreement filed for Record at Book 854, page 122, 123 and 124 F
914 ?.::; izi
THIS AGREE14ENT made this day of p ,� �� 19 %
by and between the CITY OF CUPERTINO and ITSUO UENAKA.
WHEREAS, ITSUO UENAKA has applied for a building permit on Parcel A
of that certain map filed for record on December 22, 1980, in Book 477, Pa es 28 & 29.
WHEREAS, the CITY OF CUPERTINO and ITSUO UENAKA did agree that ITSUO
UENAKA would pay the CITY OF CUPERTINO for engineering plans and specifications
upon ITSUO UENAKA requesting a building permit. Said AGREMIENT was recorded
at Book 854, page 122, 123, and 124.
NOW THEREFORE, be it resolved that ITSUO UENAKA shall pay the CITY OF
CUPERTINO Six Thousand Two Hundred Four and no/100 Dollars ($6,204.00) and
the CITY OF CUPERTINO shall release all agreement interests, covenants and
restrictions on Parcel A leaving the provisions in full force and effect
over Parcel B of said map.
' C
Itsuo Uenaka
Approved as to form:
1
City Attorney
CITY OF CUPERTINO
By (q �(�
B
tiayo.
y
City 1'exk
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On �%cErn 13E—:: {2 /6 199'0, before me, the undersigned, a
Notary Public in and for said State, personally appeared
r
f -rEb) 0 ()E:-.k)"gKi9 ,
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.
pro ,
OFFICIAL SEAL
".
MILDRED E. FOSTER
-.:
NOTARY PUBLIC — CALIFORNIA
THE
-
PRINCIPAL OFFICE IN _
COUNTY OF SANTA CLARA
Comm. Exp. Jan. 6, 1984
Notary Public in and for th County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
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 Instrument, known to me to be the 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 California
: 3NUAL PRE-HIT2,11 $ 2 9 7 . 0 0
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
Bond No. J-5-71-74
KNOW ALL iLLd B'17 T�LESE PRESLNTS
THAT WE, Itsuo Uenaka & Marian F. Uenaka
as Principal and Peerless Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Six Thousand and no/100 Dollars
Dollars ($ 6,000.00
lawful money of the United States, for the payment of :which will and truly to be made,
we bind ourselves, our heirs, executors, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION of the foregoing obligation is such that,
WHEREAS, said Principal will perform all necessary improvements relative to
_ a commercial development
located on De Anza Boulevard south of Mariani
in accordance with the approved Imp;:ovement Plans prepared by
Creegan and D'Angelo Civil Engineer
on file in the Engineer's Office, City of Cupertino.
WHEREAS, Improvements shall be completed within one (1) year from the date of
Acceptance of this bond by the City Council.
WHEREAS, Improvements shall be maintained for a period of at least one (1) year after
acceptance of construction by the City. This bond shall be in full force and effect
through the period of maintenance as provided in said contract. The maintenance period
shall continue until such time that all deficiencies of construction are corrected to
the satisfaction of the City Engineer's Office.
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the
covenants and obligations as set forth above, on its part to be done and performed at
STATE OF CALIFORNIA
SS.
County of San Francisco
On this .l?th... day of ,February,,,,, in the year nineteen hundred
and Al ., A. D., before me Barbara,M.,,Orov,itz... personally appeared
Wm. E..Pendleton known to me to be the Person whose name is
. .. .. .......
subscribed to the within instrument as the attorney in fact of .......
.Peerless,Insurance,Company, and acknowledged to me that he subscribed
the name of ,?tsuo ,Uenaka ,& ,Marian ,F., ,Uenaka , , , , . thereto as principal
and his own name as attorney in fact.
OFFICIAL SEAL
BARBARA M. OFROU{TZ
NOTARY PUBLIC — CALIFORNIA
San Francisco County
My Commission Enpiros h'ov. 12, 1SM3
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal in said
County the day and year in this certificate
above written� J/® j
Notary PuSlic in and for the County
San Francisco, Statte of California
My Commission expiresa�
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On �l'�/-%,0'CH /.3 19 � 1 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
C 1�F&lp 19 /-7/u;) VIR 21 1411V
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.
�4
OFFICIAL. SCAL
MILDRED -E. FOSTER
t>>,.
NOTARY PUBLIC - CALIFORNIA
�\
PRINCIPAL OFFICE IN THE
COUNTY OF SANTA CLARA
Comm. Exp. Jan. b, 1984
t
a ' 4for
`otary Public in and h County
of Santa Clara, State of California
CORPORATION ACKNMTLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
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 Instrument, known to me to be the 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 !MEREOF, 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 California
V,
LABOR AND MATERIAL BOND Bond No. J-5-71-74
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Itsuo Uenaka & Marian F. Uenaka
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and
Peerless Insurance Company -
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or about the per-
formance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and all persons, companies or corporations lend-
ing or hiring teams, implements or machinery, for or contributing to said work
to be done, and all persons who perform work or labor upon7f'he same, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person, in the just and full sum of
Six Thousand: and no/100 Dollars
($6,000.00 )
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay for any materials, provisions, provender. or other supplies or teams
used in, upon, for or about the performance of the work contracted to be done,
or for any work or labor thereon of any kind, or for amounts due under the Un-
employment Insurance Act with respect to such work or labor, then said Surety
will pay the same and also will pay in case suit is brought upon this bond,
such reasonable attorney's fee as shall be fixed by the Court_
This bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 1184.1 of the Code of Civil
Procedure, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
Labor and "iateri:-1. Bund
Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of tim%:, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications.
accompanying the sarr:e shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such _change, extension of .time, alter-
ation or addition to the terns of the contract or to the work or to the sneci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed, by the Principal
and Surety this 17th day of February 19 81 .
STATE OF CALIFORNIA SS.
County of San Francisco
of .F.ebzuazy..,.., in the year nineteen hundred
On this .12th... day personally appeared
and . 81 • • , A. D . , before me .Haxb.aza .M •. •Qr.Qv:"7 ' ' ' erson whose name is
.v;<m„ , .�endleton ......... , known to me to be the p that he in fact of ... _ . .
subscribed to the within instrument as the attorney
exless znsuxance .ComPanY , and acknowledged mthereto asspbrincipal
the name of .ztsuo .venaka .& .Max�.an -F
and his own name as attorney in fact.
- --- h—to set
OFFICIAL SEAL
13ARB,ARA r OVITZ
NG- ,,RY
��,n ErW.ncli:co County
My Comrrlission [; ir2s j,,ov. 12, 1583
srJ �i�f�
IN WITNESS WHEREOF, I have ere -
my hand and affixed my official seal in said
County the day and year in this certificate
above written.
✓�/1�� ✓ --°�
Notary Pu lic in and or the Count o
San Francisco, State of California
My Commission expires
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On %Ff /C/l 13 , 19_&L, 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.
14ITNESS my hand and official seal.
JU11111i111gglllq0lAqqql¢gglq/AAB/AIAA/11AIA///1/A/A �'
of PICIAL 'SEAL-
�` MILDRED E. -FOSTER
LIC — CALIFORNIA
NOYA.tiY PUB
• ' d; 8 TAItt»IPAL �pFIGI IN THE Notary Public in and for the County
`p f COUrlrY OF 4ANTA CLARA of Santa Clara, State of California
" Comm. Exp. Jan. 6, 1984
Ip/1/111/1////all//1011111//Ila//11/1///111/1/111111/A — — — — — — — — — — — — — — — — -- — — - ---- -- — -- -------------------
CORPORATION ACKNO[•TLEDGLMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAI'VTA CLARA)
On 19 before me, the undersigned, a
:Votary Public in and for the said State, personally appeared
, known to me
to be the _ _ of , the
corporation that executed the within Instrument, known to me to be the 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 California
Chit of Cupertino
10300 Torre Avenue
Cupertino, California95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
February 6, 1981
Mr. George A. Mann
Santa Clara County Recorder
70 West Hedding Street
San Jose, CA 95110
DOCUMENT FOR RECORDATION
Will you please record the enclosed document as follows:.
P.O. Box 580
Cupertino, California95015
Release of Covenants for Purchase of Engineering Plans and Specifications,
along with one (1) certified copy of Resolution No. 5530, Itsuo Uenaka.
Thank you,
DORO CORNELIU
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
c1til of C"Per$erio
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
February 2, 1981
Mr. Itsuo Uenaka
10431 N. De Anza Boulevard
Cupertino, CA 95014
RELEASE OF COVENANTS
Dear Mr. Uenaka:
P.O. Box 580
Cupertino, California95015
We are enclosing to you for your files a copy of the Release of Covenants
Agreement between the City and Itsuo Uenaka, along with a copy of Resolution
No. 5530 which was enacted by the City Council of the City of Cupertino at
their regular meeting of January 19, 1981.
Sincerely
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
RESOLUTION NO. 5530
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF RELEASE OF COVENANTS FOR PUR-
CHASE OF ENGINEERING PLANS AND SPECIFICATIONS - ITSUO
UENAKA, NORTH DE ANZA BOULEVARD
WHEREAS, the City of Cupertino and Itsuo Uenaka, did agree, by way of agree-
ment which was recorded in Book 854, Pages 122, 123 and 124, that Itsuo
Uenaka would pay the City for engineering plans and specifications in con-
junction with Crossroads Unit 2; and
WHEREAS, itsuo Uenaka has paid the City the sum of Six Thousand Two
Hundred Four Dollars ($6,204.00) in return for the release of all agree-
ment interests, covenants and restrictions on Parcel A of that certain parcel
map; recorded December 22, 1980 in Book 477, Pages 28 and 29.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby
authorized to execute the "Release of Covenent" agreement in behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of January , 1981 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
Release of Covenants for Purchase of Engineering Plans and Specifications
per Agreement filed for Record at Book 854, page 122, 123 and 124
THIS AGREEMENT made this 1=" day of 'D�G � , 19,fo
E by and between the CITY OF CUPERTINO and ITSUO UENAKA.
WHEREAS, ITSUO UENAKA has applied for a building permit on Parcel A
of that certain map filed for record on December 22, 1980, in Book 477, Pages 28 & 29.
WHEREAS, the CITY OF CUPERTINO and ITSUO UENAKA did agree that ITSUO
UENAKA would pay the CITY OF CUPERTINO for engineering plans and specifications
upon ITSUO UENAKA requesting a building permit. Said AGREEMENT was recorded
at Book 854, page 122, 123, and 124.
NOW THEREFORE, be it resolved that ITSUO UENAKA shall pay the CITY OF
CUPERTINO Six Thousand Two Hundred Four and no/100 Dollars ($6,204.00) and
the CITY OF CUPERTINO shall release all agreement interests, covenants and
restrictions on Parcel A leaving the provisions in full force and effect
over Parcel B of said map.
/ CITY OF CUPERTINO
if z
By o p
e
Itsuo Uenaka
Mayor
Approved as to form, By
City C rk
C ty [attorney
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On DEc.1=VY11 C-P, /L , 19 �O , before me, the undersigned, a
Notary Public in//and for said State, personally appeared
17SU n
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.
t_ammmmmmmmmmmmmmmummmmmmmammaeemmmonmymmmr;mmmmmmmmmmmumml�
OFI=ICIAL 02AL
MILDRED E. FOSTER
NOTARY PUBLIC - CALIFOANIA w
PRINCIPAL OFFICE IN THE u
COUNTY OF SANTA CLARA Y+
g
Comm. Exp. Jan. 6, 1984
---- m----nmmummmmmEmmmmmmcmmmmmme---- ---
Notary Public in and for t e County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
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 Instrument, known to me to be the 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 California