Loading...
85-006 Louis L. Delu Jr. Standard agreement and Deferred agreement for property at Crescent Rd. (Reso 6479 and 6480)10300 Torre Avenue Cupertino, California 95014 Telephone.: (408) 252-4505 OFFICE OF THE CITY CLERK January 30, 1985 Mr. Louis Delu Jr. 22273 Cupertino Road Cupertino, CA 95014 Qvq of CHperxi»o STANDARD AGREEMENT - DEFERRED AGREEMENT Dear Mr. Delu: P.O. Box 580 Cupertino, California 95015 We are enclosing to you the following agreements -which have been fully executed by City Officials, along with Resolution No. 6479 and 6480. Standard Agreement: Resolution No. 6479: "A Resolution of the City Council of the City of Cupertino Approving Parcel Map and Improvement Plans of Property Located on Crescent Road; Developer, Louis L. Delu Jr.; Authorizing Execution of Improvement Agreement; Authorizing Signing of Final Map and Improvement Plans" Deferred Agreement: Resolution No. 6480: "A Resolution of the City Council of the City of Cupertino Authorizing the Execution of Deferred Agreement with Louis L. Delu Jr. and Simone R. Delu for the Improvement of Frontage on Crescent Road" This agreement requires recordation which takes approximately six to eight weeks, and after completion will be on file in this office. Since ly, � f DOROTHY CORNELIU✓S CITY CLERK CITY OF CUPERTINO DC/so encl. v c.c: Department of Publ:i.r. Wi)rks RETURN TO CITY NO FEE IN ACCORDANCE OF CUPERTINO WITH 60V CODE 6103 10300 TORRE AVE. AGR EEM ENT 83. - C' RTI"J7. CA. r)"014 J 224 M: 392 Thi; AGREEMENT made and entered into this 7th day of January , 1985 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and _1 L. b1-- ' %' 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 building permit from CITY to construct and maintain a single family development, hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by J. Riley; 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 established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: Page 1 (ORIGINAL) SCHEDULE OF BONDS, FEES AND DEPOSITS J,224 P!r_ 393 Street Improvement Category: N/A PART A. Faithful Performance Bond: $19,500.00 Nineteen Thousand Five Hundred Dollars PART B. Labor and Material Bond $.19,500.00 Nineteen Thousand Five Hundred Dollars PART C. Checking and Inspection Fee: $ 975.00 Nine Hundred Seventy -Five Dollars PART D. Indirect City Expenses: $ 146.00 One Hundred Forty -Six Dollars PART E. Development Maintenance Deposit: $ 280.00 Two Hundred Eighty Dollars PART F. Storm Drainage Fee: $ 2,387.00 Two Thousand Three Hundred Eighty -Seven Dollars PART G. One Year Power Cost: PART H. Street Trees: By DEVELOPER PART.I. Map Checking Fee: 50.00 Fifty Dollars PART J. Park Fee: $ 10,700.00 Ten Thousand Seven Hundred Dollars PART K. Water Main Extension Deposit: N/A PART L. Maps and/or Improvement Plans: By DEVELOPER Page 2 J22' 394 NOW, THEREFORE, IT IS HEREBY MUTUALLY 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 writing. The 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 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 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 by: DEVELOPER (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: 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 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. 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 Page 3 J224 F!�-395 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 current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of 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. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying 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 AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 J 224 Pig 396 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 AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT 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. 6. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part 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. 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 Ic forth herein at Page 2 (Part D). Page 5 J 224 397 7A. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I). 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or 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. 9A. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F). 9B. 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 and adopted Water Master Plan. The amount shown herein at Part 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. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. Page 6 12 . PARK FEES -3W 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 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 construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. 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. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH 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 Page 7 J 224 399 property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific Teltphone and Telegraph Company that said fees are due and payable. 19. EASEMENTS 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 said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 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 DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst 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. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance 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 must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. Page 8 J 2141 F!f- 400 A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without 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. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. B. A mylar sepia and thirteen (13) prints of fully executed tract maps. C. A mylar sepia and ten (10) prints of fully executed improvement plans. D. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 24. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. Page 9 J 224 ref- 401 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. Approved as to form: CITY OF CUPERTINO Mayon( City Attorney City Clerk:'' Notary Acknowledgement Required GENERAL ACKNOWLEDGMENT State of CALIFORNIA County of SANTA CLARA rr.suo�.caa OFFICIAL SEAL ZIGGIE DUDZIUK Notary PublIC-Cailfomia SANTA CLARA COUNTY IAy Conan. EXP. Apr. 29,1968 SS. DEVELO By:, On this the 1ST day of ZIGGIE DUDZIUK ' NOVEMBER 1984 19 , before me, the undersigned Notary Public, personally appeared LOUIS L.DELU JR. - personally known to me proved to me on the basis of satisfactory, evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my han and off�ir�ial seal, 7 ure \MY/COP1M.EXP`.APRIL 29.1988. NO. 201 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 835 ri�J ;4 Y •: = c�t1FS� t3� ` � ea GFFIGIA �tE�ON?Y �ptdTA GA. MANS 4Ed�+���� i� J 298I �E ti INO FEE IN ACCORDANCE. `� WITH 60V CODE 610 12U �%d RETURN TO CITY OF C:J`=RTINO 10300 T:.)RRE AVE:, A G R E E M E N T CUPERTINO, CA 95014 This AGREEMENT made and entered into this 7th day of January 1 19 85 11 by and 'between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Louis L. De Lu Sr. and Simone R. De Lu, 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 building permit from CITY to construct and maintain a single family residence, hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit DEFERMENT of the required development improvements in accordance with the provisions of this AGREEMENT; and; WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement plans 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 WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with conditions of development approval; and Paye 1 ORIGINAL AGREEMENT J 298PAGtI.284 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Improvement Category - N/A PART A. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: Deferred PART C. Checking and Inspection Fee: Deferred PART D. Indirect City Expenses: Deferred PART E. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: Paid PART G. One Year Power Cost: Deferred PART H. Street Trees: By Developer PART I. Map Checking Fee: N/A PART J. Park Fee: Paid PART K. Water Main Extension Deposit: N/A PART L. Maps and/or Improvement Plans: Deferred Page 2 J 298PAGEI285 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real prop ty show on xhibit "A", which is attached 'hereto and mad a part hereof by eference. Said dedicated property shall b free and clear of al liens or encumbrances except those ich the CITY shall waive writing. The DEVELOPER agrees not revoke said offer of dedicat'on, and to keep said offer o n until the CITY accepts offer by solution. B. Upon ex cution of this AGREEMEN the DEVELOPER agrees to deliver a properly ecuted grant deed t the CITY of the real property described i Exhibit "A'°, nd such other executed conveyances, or instrume is necessar to convey clear title as herein required. The DE LOPER sh 1 provide, at the DEVELOPER'S sole cost and expense, to the ity: (1) A preliminary tit eport issued by a title insurance company relating to e roperty offered for dedication; said Preliminary tle Rep t shall be furnished by the DEVELOPER. (2) A standar policy of title i surance issued by a title insurance c pany and insuring e CITY in the sum of: N/A, and ich shall show said grope ty free and clear of all li s or encumbrances except th se as the CITY shall eZ ly waive in writing; said polic shall be furnished atime of acceptance of dedication d recordation of d C. Upon the condition precedent that the DE LOPER shall perfo each and every covenant and condition of this GREEMENT, the CITY agrees to accept said real property of red for d ication. 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. 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 Page 3 J298 PAGE1286 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 current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of 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. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or underr 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. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying 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 AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 J298PAoE1 287 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 AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT 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. 6. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part 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. 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). Page 5 J 298PAGE1288 7A. HAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I). 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, Prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or 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. 9A. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F). 9B. 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 and adopted Water Master Plan. The amount shown herein at Part R, 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. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. Page 6 12 . PARR FEES J 2 9 8 PAGE 1 2 8 9 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 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 t 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 construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. 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. Page 7 J 298PAGE1290 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH 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 undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific Teltphone and Telegraph Company that said fees are due and payable. 19. EASEMENTS 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. that in the It is provided, however, event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 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 DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst 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. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance 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 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 Page 8 J 298P4GF1291 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. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without 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. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. B. A mylar sepia and thirteen (13) prints of fully executed tract maps. C. A mylar sepia and ten (10) prints of fully executed improvement plans. D. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23. DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six (6) Page 9 J 2 9 83 PAGE 12 9 2 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 AGREEMENT, the following. improvements: All standard street improvements as required by the Director of Public Works along frontage or projected frontages. Sections numbered 2-22 excepting 9 et al are deferred. All public streets and improvements as required or directed by the Director of Public Works. Until such notification is made by CITY, or such time has elapsed, Sections numbered 2 through 21 excepting 9 et al, 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. 24. SUCCESSORS - RUN WITH LAND - A. P N. 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 is 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 , -- - -- -� a-1-- -; -I-- r"--1Ii n,-; 1 and said DEVELOPER has hereunto GENERAL ACKNOWLEDGMENT 7110 122 State of CALIFORNIA County of SANTA CLARA X, NO. 201 On this the IST day of NOVFMBFR 1 g$t19_, before me, SS. ZIGGIE DUDZIUK J 298PAGE1293 the undersigned Notary Public, personally appeared LOUIS L.DELU,AND SIMONE R.DELU l personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ( ) subscribed to the within instrument, and acknowledged that executed it. WITNESS my h nd and o Icial seal. APRIL 29.1988. Attachment: Exhibit A NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 Page 10 EXHIBIT "A" DF. LU, Louis and Simone J 298PAGE1294 3/20/04. ORDER:041000 STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF CUPERTINO: Portion of Block "A", as shown upon that certain Map entitled "Russel! Nurst, Monta Vista", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on Ails'' 11, 1917 in Book "P" of Maps, page 22, and more particularly describe' as follows: Beginning at a point on the Northerly line of Stevens Creek Road, as shown upon the Map hereinabove referred to, at the Southwesterly cor- ner of that certain 2,14 acre parcel, more or less, conveyed to Bess B. Levy, a widow, by Trustee's Deed recorded Decmeber 29, 1961 in Book 5414 of Official Records, at page 654; thence running along the Westerly, northeasterly and Easterly lines of the parcel so conveyed to Bess B. Levy, the following courses and distances; North 15° 13' East 130.45 feet; thence North 2' 27' West 286.65 feet; thence South 76° 06' East 190.94 feet; thence South 43° 01' East 109.78 feet; thence South 2° 20' West 134.10 feet to a point on the Easterly line of the (parcel so conveyed to Bess B. Levy; thence leaving said Easterly line and running North 89° 53' West and parallel with said Northerly line of Stevens Cteek Road 193.68 feet; thence South 15° 13' West 158,14 feet to the North ly line of said Stevens Creek Road; thence along the last named line North89° 53' West 41.43 feet to the point of beginning, J 298PAGE1295 RESOLUTION NO. 6480 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF DEFERRED AGREEMENT WITH LOUIS L. DELU JR. AND SIMONE R. DELU FOR THE IMPROVEMENT OF FRONTAGE ON CRESCENT ROAD WHEREAS, there has been presented to the City -Council an agreement for the improvement of the street frontage on Crescent Road by Louis L. DeLu Jr. and Simone R. DeLu; and WHEREAS, said proposed agreement contains provisions for the construction of streets, curbs, gutters, sidewalks, and for other improvements within a period of five (5) years and six (6) months from the date of execution of said agreement; and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the aforementioned agreement is hereby approved;. and the City Engineer is hereby authorized to sign the final plans when presented by the developer; and 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 this agreement with the Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of January, 1985 by the following vote: Vote Members of the City Council AYES:. Gatto, Plungy, Rogers, Sparks, Johnson n.;, NOES: None THIS IS TOL6-ERT-tr HAT t!H.WITHIN INSTRUMENT IS 'iRfJE"`i4'NIJ,CC]F RECT COPT ABSENT: None OF THE O INS"L ,O•N F ILEA fi�]THI� OFFICE. ABSTAIN: None r�T7E5-T �`'� 79 CITY ICL FK OF„TME,01T, 4 LJ:ERTINO APPROVED: Iy /s/ Phil N. Johnson Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk J 224 F! I.: 402 RESOLUTION NO. 6479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED ON CRESCENT ROAD; DEVELOPER, LOUIS L. DELU JR.; AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF FINAL 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 on Crescent Road by Louis L. DeLu Jr.; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit), fees, and deposits as set forth in Exhibit "All 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 are 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 7th day of January, 1985 by the following vote: RESOLUTION NO. 6479 Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Phil N. Johnson Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius 2 Z 4 403 City Clerk THIS IS TO CERTIFY THAT THE WITHIN► INSTRUMENT IS ATRUE AND C❑RREGT C❑FW OF THE ORIGINAL ON FILE IN'TWSS (OFFICE. ATTEST 79._ CITY CL T CITY 10F CUP F�40,". 8Y CITY RESOLUTION NO. 61479 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single Family Dwelling Louis L. DeLu Jr. LOCATION: Crescent Road A. Faithful Performance Bond: Nineteen Thousand Five Hundred and no/100 Dollars B. Labor and Material Bond: Nineteen Thousand Five Hundred and no/100 Dollars C. Checking and inspection Fee: Nine Hundred Seventy-five and no/100 D. Indirect City Expenses: One Hundred Forty-six and no/100 Dollars E. Development Maintenance Deposit: Two Hundred Eighty and no/100 Dollars F. Storm Drainage Fee: Two Thousand Three Hundred Eighty-seven and no/100 Dollars G. One Year Power Cost: H. Street Trees: By Developer I. Map Checking Fee: Fifty and no/100 Dollars J. Park Fee: Ten Thousand Seven Hundred and no/100 Dollars K. Water Main Extension Deposit L. Maps and/or Improvements Plans: By Developer -2- J2ti4 ?9i. 404 $19,500.00 $19,500.00 $ 975.00 $ 1146.00 $ 280.00 $ 2,387.00 RESOLUTION NO. 6480 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF DEFERRED AGREEMENT WITH LOUIS L. DELU JR. AND SIMONE R. DELU FOR THE IMPROVEMENT OF FRONTAGE ON CRESCENT ROAD WHEREAS, there has been presented to the City Council an agreement for the improvement of the street frontage on Crescent Road by Louis L. DeLu Jr. and Simone R. DeLu; and WHEREAS, said proposed agreement contains provisions for the construction of streets, curbs, gutters, sidewalks, and for other improvements within a period of five (5) years and six (6) months from the date of execution of said agreement; and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the aforementioned agreement is hereby approved; and the City Engineer is hereby authorized to sign the final plans when presented by the developer; and 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 this agreement with the Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of January, 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Phil N. Johnson Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk