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90-050 James Sisk, Developer of single-family dwellings 21984 McClellan Rd219811 McClellan Road APN# 356-8-28 AGREEMENT This AST made and entered into this day Of , 19 ,`''; , by and between the CITY OF CUPFfTIN0, a municipal corporation of the State of California, hereinafter designated as CITY, and JAMES H. SISK hereinafter designated as DEVELOPER. WIITNESS ETH WHEREAS, the DEVELOPER has made application to the CITY for a BUILDING PERMIT AND PARCEL MAP to construct and maintain SINGLE FAMILY DWELLINGS hereinafter referred to as "Project. °i W1111, CITY hereby approves the impnma-nent plans and specifications prepared for the Project by JENNINGS-MCDERMOTT & HEISS, INC. ; a true copy of which improvement Plans and specifications are on file in the office of the City Engineer of Cupertino; and WIIMS, the same are incorporated herein by reference, the same as though set out in full; NOW, FORE, 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." 51,890 WHEREAS, pursuant .to the provisions of this AG i, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHE= OF BONDS, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: EIGHTEEN THOUSAND DOLLARS AND NO/100 PART B. Labor and Material Bond: EIGHTEEN THOUSAND DOLLARS AND NO/100 PART C. Checking and Inspection Fee: NINE HUNDRED DOLLARS AND NO/100 PART D. Indirect City Expenses: ONE HUNDRED THIRTY FIVE DOLLARS AND NO/100 PART E. Development Maintenance Deposit: ONE THOUSAND DOLLARS AND NO/100 PART F. Storm Drainage Fee: FIVE HUNDRED THREE DOLLARS AND NO/100 PART G. One Year Power Cost: PART H. Street Trees: PART I. Map wing Fee: TWO HUNDRED TEN DOLLARS AND NO/100 PART J. Park Fee: Zone II 480-0000-'a6-022- TWENTY ONE THOUSAND DOLLARS AND NO/100 PART K. Water Main lion Deposit: TWO THOUSAND THREE HUNDRED EIGHTY FIVE DOLLARS AND NO/100 PART L. Maps and/or Improvement Plans: As Specified in Item #23 $18,000 $18,000 $ 900. $ 1-35. $ 1,000. $ 503. N/A N/A $ 210. $21,000. $ 2,385. NOW, THEREFORE, IT IS HEREBY NMALLY AGREED by and between the parties hereto as follows, TO WIT; 1. DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in writ' DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREE the DEVELOPER agrees deliver a properly executed grant deed to the CITY of the real to described in Exhibit "A", and such other executed conveyancesy instrx"ents necessary to convey clear title as herein , or DEVELOPER shall provide, at the DEVF,LOpER' S sole cost and ejgpse, . to The the City: (1) A preliminary nary title report issued by a title insurance ccupany relating to the property offered for dedication. (2) A standard polio, of title insurance issued insurance cxmgaany and insuring t CITY in the sun of: by a title N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall Perform each and every covenant and condition of this AGREENI qT, 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 AGREIIMm' or such longer as may be specifically authorized in writ per event the DEVELOPER fails or refuses t the City �ineer. In the specified period of time, the CITY, at its sole e Work within the authorized to complete the Work in whatever manner the cITX option, ecldee.. In the event the CITY completes the Work, the CITY may recover any and all bosts incurred thereby from the DEVELOPER .or the DEVELOPER'S surety or B. The DEVELOPER shall install and cm'Plete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most gent Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and where applicable. in accordance with the specifications of the Cupertino Sanitary District Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. . In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. It is further agreed that the DEVELOPER shall ccoply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the 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 proshal excavation is to commence. posed It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the 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. A. Upon the execution of this AGRIMM4T, the DEVELOPER shall file with the CITY a faithful performance bored to assure his full and faithful performance bond shall of this AGRFII?T. The penal sum of said faithful performance be the full AGREEMENT, cost of any payment to be made under this the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMEar. In the event that improvements addition to are to be made under this AGREIImEar, the DEVELOPER shall, in said faithful performance, file with the materials bond CITY a labor and 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 canpany 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 AGREEMENT, improvements or to make any payment, or any dedication of land, or any this AGREE herein,required, the CITY shall call on the surety to perform = to so do. or otherwise indemnify the CITY for the DEVELOPER'S failure B. In lieu of a surety bona, the DEVELOPER may elect to secure this AGREEMWr by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein 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. 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 Ate, the apt as set forth herein at Page 2 (Part C). Should construction 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. r � rya �►�• � �. It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREE, indirect expense allocable to processing these improvements, the amamt as set forth herein at Page 2 (Part D). F.. i REM — It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in ccupliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I) . 0)f 01 • • hI h I• M 81`.► It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREaMiT, the amount set forth herein at Page 2 (Part E) as a developnent 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 wearing 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. . -r .�- • /• n Ala It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMERr, 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) . 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 r monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 12. ONE YEAR POWER CST It is further agreed that the DOPER shall pay to CITY prior to execution of this AGREQME"r, the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. 14. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. 14-A. PAP-K FF.r" A=S MENT P�VISIONS The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires formal ccnfirmati.on. The CITY shall employ a qualified local appraiser to provide a'market value of the land. The City will calculate the "Park Fee" based on the appraisal. The Developer agrees to pay for any deficiency'within thirty. (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 15. M.AP I'—E 1' NCE OF TZRK It iS fu_ Cher agreed that the DEUELOPSrq shall maintain the Work until all deficiencies in the Work are corrected to conform, to the Plans and the City starr3ards and s_r_ecifications for the Work. The DFVELoPER shall, upon wr'it`t-en notice thereof, imTediately repair or replace, withcut C st or obligation to the. City of Cupertino, and to the entire satisfaction of said LT'I'Y, all defects and imperfections arising out of or aue to faulty workra .p and/or materials appearing in said Work. 16. SANT= DISTRICT It is further agreed that the DE=p-7 2 exec=ion of this AC-4M I', a letter from tht mating that the DEVELOPER has entered into said District to install sanitary sewers to Project and stating that a bond to ir5s ful: the ccnst—ruction of the said sanitary sewers said sanitary se<.aer in conformance with the Paragraph 15 above has been filed. 17. GCVz--RZ= CODE shall file with CITY, urcn Cupertino Sanitary Distxic_- se;az-ate AGR�-T with the serve all lots within said . and faithful performance of and to insure maintenance of provisions as set forth in It is furte-- agreed that LEVF1_0PER shall file with CITY, upon execution of this AGRaz=, substantial evidence that all provisions of Section 66493, Article 8, Chaptar 4 of the Gave= ent Code, pertaining to special assessments or bonds, have been complied with. 18. CE "= FM DISIIt = It is further agreed that the DEVET.OPER shall file with the CITY, upon execution of this AGREEI M, a letter from the Central Fire Protection District of Santa Clara County, stating that the M=PE R has entered into an AGREEM2qT 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. PACLFIC GAS AND ELEECIRIC/PAC.IF'IC HELL It is further agreed that the DEV=PER shall pay to Pacific Gas and Electric Company and/or to PA=c E+EtT, Ccnpany any and all fees requ=ed for installation of overhead .and/or wiring circuits to all electroliers within said property and any and all fees regl red 'for urxi ' as prcvi.d,ed in Ordinance No. 331 of CITY when DEVEMPER is notified by either the City Engineer or the Pacific Gas and Electric Company and/or PACIFIC HELL Cmpany that said fees are due and payable. 7 20. EASE ERM AND RIGTr-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right -of -sway, 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 stun shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 21. HOLD BAFd-=S It is further agreed that, c=mencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 22. INSURANCE It is further agreed that: The DEVELOPER shall take 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 mast be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. A. Each of said- policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of 'execution of this .AGREEMENP by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C . In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co -name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. It is further agreed that the CITY shall obtain the following map and,/or plans at the DEVELOPER'S expense: A. A mylar sepia and seven (7) prints of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY frcam the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. SUCCESSUS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGPMMTI' shall not be made without approval by the City Council of the City of Cupertino. IN wi T1ESs WHMMF, CITY has, caused its name to be hereunto affixed by its Mayor and City clerk, thereurto duly authorized by resolution of the City Council and said m-v=PER has hereunto caused his name to be affixed the day and year first above written. Approved as to form: City Attorney State of California County of Santa Clara OFFICIAL SEAR HELEN K. YATES NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY. My Coffmission Expires May 10, 1991 Mayor 4citylerl EWinI 4'2+:� aP � On this the 8 t h day of March t9 9Qbeloleme. SS. Helen K. Yates the undersigned Notary Public, personally appeared James H. Si personally known to me (I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within Instrument, and acknowledged that he executed il. WITNESS my hand and official seal. ary's Signature nI NI 114L n;.NNpIVL EnGME N 1 fOnM 7110057 RESOUJITON NO. 8069 RESOLUTION OF r COMCIL OF r OF -aa r • APPROVIM PARCELMAP AND IMPROVEMENT- • PROPERTY LOCATED AT 21984 C :• • s DEVELOPER • r EXECUTION • OF r- ;• E AGREEMENT; AUTH• • r. I NG OF PARCEL Mr - AND DvaIRCIVEMENT WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located at 21984 McClellan Road by James H. Sisk; and WBEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other inprovements, 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 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 hereby 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of March 1990, by the following vote: RESOLUTION NO. 8069 P20.149*140WIWIM DEVELOPMENT: SINGLE-FAMILY DWELLINGS JAMES H. SISK LOCATION: 21984 MCCI,ELLAN ROAD A. Faithful Performance Bond: EIGi-n= THOUSAND AND 00/100 DOLLARS B. Labor and Material Bond: EIGiTEEN THOUSAND AND 00/100 DOLLAR,, C. Checking and Inspection Fee: NINE HUNDRED AND 00/100 DOLLARS D. Indirect City Expenses: ONE HUNDRED UUMY FIVE AND 00/100 DOLLARS E. Development Maintenance Deposit: ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: FIVE HUNDRED THREE AND 00/100 DOLLARS G. One Year Power Cost: H. Street Trees: I. Map Checking Fee: TWO HUNDRED TEN AND 00/100 DOLLARS $ 18,000.00 $ 18,000.00 $ 900.00 $ 135.00 $ 1,000.00 $ 503.00 R N/A N/A 210.00 J. Park Fee: Zone II 480-0000-416-022 $21,000.00 TWENTY ONE THOUSAND AND 00/100 DOLLARS K. Water Main Extension Deposit: $ 2,385.00 TWO THOUSAND THREE HUNDRED EIGHTY FIVE AND 00/00 DOLLARS L. Maps and/or Improvement Plans: As specified in Item 23 of agreement