85-027 C & H Development Co. S/W corner of Bubb Rd & McClellan Rd., Reso 6605, 6606A G R E E M E N T
This AGREEMENT made and entered into this
day of JUNE 6, 19 85 , by and between the
CITY OF CUPERTINO, a municipal corporation of the State of
California, hereinafter designated as CITY, and C&H DEVELOPMENT CO.
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
a building permit from CITY to construct and maintain a commercial
development, hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and
specifications prepared for the Project by L. C. MARQUOIT; 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
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Category: N/A
PART A. Faithful Performance Bond:
$
18,000.00
Eighteen Thousand and No/100 Dollars
PART B. Labor and Material Bond:
$
18,000.00
Eighteen Thousand and No/100 Dollars
PART C. Checking and Inspection Fee:
$
1,140.00
One Thousand One Hundred Forty and No/100 Dollars
PART D. Indirect City Expenses:
$
171.00
One Hundred Seventy One and No/100 Dollars
PART E. Development Maintenance Deposit:
$
250.00
Two Hundred Fifty and No/100 Dollars
PART F. Storm Drainage Fee:
$
853.00
Eight Hundred Fifty Three and No/100 Dollars
PART G. One Year Power Cost:
N/A
PART H. Street Trees: BY DEVELOPER
PART I. Map Checking Fee: N/A
PART J. Park Fee: N/A
PART K. Water Main Extension Deposit: $ 1,160.00
One Thousand One Hundred Sixty and No/100 Dollars
Page 2
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
perform each and every covenant
the CITY agrees to accept
dedication.
2. INSTALLATION OF WORK
It is further agreed that:
precedent that the DEVELOPER shall
and condition of this AGREEMENT,
said real property offered for
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
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
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
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
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
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
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 eleven (11) 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. 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
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 Attorney
Notary Acknowledgment Required
Exhibit "A"
EXHIBIT "B"
STATE OF CALIFORNIA
COUNTY OF ... Cont.ra..Cos.ta...... ss
EPu or OFFICIAL SEAL
JUDITH ANN SAMUELSON
NOTARY PUBLIC - CALIFORNIA
c CONTRA COSTA COUNTY
CIFOPNrP My Comm. Expires Dec. 5, 1988
CITY OF CUPERTINO:
City Clerk
DEVELOPER: C&H DEVELOPMENT CO.
On this ... 6th ........... day of..... ,June in the year
1985
..................................... .., before me,
Judith Ann Samuelson "" '
...... I • . • • • • .... , a Notary Public, State of California,
duly licensed and sworn, personally appeared ..CQnstantiae..ChX istopoulos
....................
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as .1?r.es.id.eat/.Se.cr.etary
er on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the .Q.i ty.. Of. -Laf ayQ tte. , County of . r, 4-ra ..Co.s to .
This document Is only a general loan which may be proper for use in simple
transactions and in no way acts, or is Intended to act, as a substitute for the ..... ' ' ' ' ' . ' ' ' ' • • . • • • r on#e'ate set foT4 above in this certificate.
advice of an attorney. The pnmer does not make any warranty either express or implied as to the C\
legal validity at any provision or the suitability of these forms in any specific transaction.
Cowdery's Form No. 28 — Acknowledgement to Notary Public — Notary Public, State of California
Corporation (C. C. Secs. 1190-1190.1) — (Rev. 1/83) My commission expires December 5, 1988
QUITCLAIM .1 DEED AND AUTHORIZATION
hereinafter referred to as "GRANTOR," this day of , 19 ,
hereby grant, bargain, assign, convey, remise, release and forever
quitclaim unto the CITY OF CUPERTINO, a municipal corporation, herein-
after referred to as."GRANTEE,"1 its successors and assigns, all the
right, title, interest, estate, claim and demand, both at law and in
equity, and as well in possession as in expectancy of the GRANTOR as
owner of that certain real property situate in the County of Santa
Clara, State of California described in the thereof filed in
the Office of the County Recorder of the County of Santa Clara on the
day of
follows:
19 , in Book of
at Page , more particularly described as
(See Exhibit A attached)
to pump, take or otherwise extract water from the underground strata
in the Santa Clara Valley for beneficial use upon the lands overlying
said underground basin, and GRANTOR hereby irrevocably authorizes
GRAIvTTEE, its successors and assigns, on behalf of the GRANTOR and its
successors in ownership of overlying lands in the said lands to take
from said underground basin within the said lands any and all water
which the owner or owners of said overlying lands may be entitled to
take for beneficial use on said lands and to supply such water to such
owner or owners or others as a public utility; provided, however, that
nothing contained in this instrument shall be deemed to authorize
GRANTEE to enter upon any of the lands described above or to authorize
GRANTEE to make any withdrawal of water which will result in damage to
any building or stru, arc: crpcted upon said
This assignment, corlvey<<nce and authorizatj_on is rn-ode for the
benefit of each parcel of land within the above described lands and
shall bind each oviner of any parcel of land within said lands.
IN WITITESS V!=, REOF, GRANTOR has executed this instrument the
day and year first above written.
01-J I'MR S :
(Acknowledgement and
Notarial Selc.l attached)
EXHIBIT "A"
GRANT OF EASI21ENT
FOR ROADWAY PURPOSES
C & H DEVELOP MT CO.
grant(s) to the CITY OF CUPERTINO, for public roadway purposes, together
with the right to construct, repair, operate, and maintain any and all
public utilities and improvements which shall be or become necessary for
preservation of the public safety, welfare or convenience, the hereinafter
described property which is situated in the City of Cupertino, County of
Santa Clara, State of California, and as described as follows:
(Description attaclied)
IN WITNESS WHEREOF', executed this _`-6th day of JUNE
19 85
STATE OF CALIFORNIA
COUNTY OF ... Contr.a..Cos.ta......
SS.
OFFICIAL SEAL
s 9
JUDITH ANN SAMUELSON
• x
NOTARY PUBLIC - CALIFORNIA
• CONTRA COSTA COUNTY
a(IFOPNrP My Comm. Expires Dec. 5, 1988
l
CO NE C OULOS, PRES.
On this ... Gth ........... day of......June in the year
1985
............ before me,
Judi th..An.n •
Samuelson ., . , a Notary Public, State of California,
duly licensed and sworn, personally appeared ..00r)atantine. Chz iz topoulos
.. and . Takeo.. Rir.akar.a.............................................. .
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as .Pr.es.id.ent/.Se.cr.etary
exon behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF 1 have hereunto set my hand and affixed
my official seal in the.G;�ty.>?..I;alayst.te•,Countyof.C.ontr.a..Costa.
This document Is only a poneral loner which may be proper for use In simple
awactbns and n ne way acts, or is Intendod to act, as a substitute for the • • . ...... • • . ...... , on the d s t forth alllb{(C inhis certificate.adwee of an allorney. The printer does not make any warrant' either _p_ or Implied as to the 'al/f
Iapd validse validity of any provision or the su%ability of thelams in any spocific transaction. -
Cowdery's Form No. 28 — Acknowledgement to Notary Public -- Notary Public, State of California
Corporation (C. C. Secs. 1190-1190.1) — (Rev. 1/83) My commission expires December 5, 1988
C LE LL AN �'O A 0
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Bubb Road Widening
March 18, 1985
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
A PORTION of that certain parcel of land described in the deed from
SHELL OIL COMPANY, to STAFAC INC., recorded April 14, 1965 in Book
6920 at Page 113, et seq., Official Records of Santa Clara County,
California, described as follows:
BEGINNING at the southwestern corner of said parcel of land, running
thence along the southern line of said parcel of land South 89°59'15"
East 5.00 feet to an intersection with a line drawn parallel with and
distant 5.00 feet measured at right angles easterly from the western
line of said parcel of land; thence along said parallel line North
0007' West 119.95 feet; thence tangent to last said course, northerly
and northeasterly along the arc of a curve to the right having a radius
of 20.00 feet, through a central angle of 30°25'06", a distance of
10.62 feet to an intersection with exterior boundary line of said
parcel of land, said intersection being a point of cusp; thence
along last said lino, from a tangent which bears South 42°01.'06" West,
southwesterly and southerly along the arc of a curve to the left having
a radius of 30.00 feet, through a central angle of 42°08'06", a
distance of 22.06 feet; thence continuing along said exterior boundary
line, South 0°07' East 109.94 feet to the point of beginning.
RESOLUTION NO. 605
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING FINAL MAP AND IMPROVEMENT PLANS OF FRONTAGE AT THE
SOUTHEAST CORNER OF BUBB ROAD AND MCCLELLAN ROAD;
DEVELOPER, C&H DEVELOPMENT CO.; AUTHORIZING THE CITY ENGINEER
TO SIGN THE FINAL PLAN; AND AUTHORIZING EXECUTION OF AGREEMENT
IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval of
the final plan for the improvement of street frontage located at the
southeast corner of Bubb Road and McClellan Road by C&H Development Co.;
and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, sidewalks,
and for other improvements, and good and sufficient bonds, 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 plan, agreement and bonds having been approved by the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT said final plan for the
improvement of street frontage at the southeast corner of Bubb Road and
McClellan Road be and the same is, hereby, approved; and the City Engineer
is hereby authorized to execute the agreement herein referred to in behalf
of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this Atli day of ,Tune , 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
RESOLUTION NO. 6605
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND
DEPOSITS
DEVELOPMENT: Commercial
C&H Development Co.
LOCATION: Southeast corner of Bubb Road and
McClellan Road
A.
Faithful Performance Bond:
$18,000.00
Eighteen Thousand and no/100 Dollars
B.
Labor and Material Bond:
$18,000.00
Eighteen Thousand and no/100 Dollars
C.
Checking and inspection Fee:
$ 19140.00
One
Thousand One Hundred Forty and no/100
D.
Indirect City Expenses:
$ 171.00
One
hundred Seventy -One and no/100 Dollars
E.
Development Maintenance Deposit:
$ 250.00
Two
Hundred Fifty and no/100 Dollars
F.
Storm Drainage Fee:
$ 853.00
Eight Hundred Fifty-three and no/100 Dollars
G.
One Year Power Cost:
$ N/A
H.
Street Trees: By Developer
I.
Map Checking Fee:
N/A
J.
Park Fee:
N/A
K.
Water Main Extension Deposit
$ 1,160.00
One
Thousand One Hundred Sixty and no/100 Dollars
3744 MT. DIABLO BOULEVARD • SUITE 301 ^ LAFAYETTE. CALIFORNIA 94549 • (415) 283-5010
June 5, 1985
City of Cupertino
10300 Torre Avenue
Cupertino, California
95104
Attn: Department of Public Works.
Re: Quitclaim Deed
Dear Sirs/Madam
Attached hereto and made apart hereof is the 'Quitclaim and
Authorization' forwarded to us, C&H Development Co. Should
item #4 of this Development Agreement be necessary, the extracting
of water from the underground strata, we are attaching the
document to be used, which has the approval of the Public Works
Department as well as ourselves. This document has been provided
by the Public Works. Department.
C&H Development Co.
CONSTANTINE CHRISTOPOULOS, PRES.
T4EO HIRAHARA, SEC.
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
June 26, 1985
Mr. George A. Mann
Office of the Recorder
70 West Hedding Street
San Jose, CA 95110
DOCUMENT FOR RECORDATIO14
Dear Mr. Mann:
P.O. Box 580
Cupertino, California 95015
Would you please record the enclosed docLunent as follows:
Resolution No. 6606: (Certified) "A Resolution of the City Council
of the City of Cupertino Authorizing Execution of Agreement between the
City and C & H Development Company Providing for the Undergrounding of
Utilities on a Deferred Basis Along McClellan Road" and one (1) Deferred
Undergrounding Agreement by and between the City of Cupertino and C & H
Development Company.
Thank you for your cooperation. We have enclosed one (1) coov for fast
endorsement.
Since, elfy,
DOROTTY CORNEL US
CITY CLERK
CITY OF CUPERTD70
DC/so
encl.
cc: Department of Public Works
RETURN TO CITY, NO FEE IN ACCORiD INCE
OF CUPERTINO WITH 60V CODE 6103 ul
70300 TORRE AVE.
CUPERTINO, CA 95014RESOLUTION NO. 6606 � 3 q 1 pAGE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF ACREEMENT BETWEEN THE CITY AND
C & H DEVELOPMENT CO. PROVIDING FOR THE UNDERGROUNDING OF
UTILITIES ON A DEFERRED BASIS ALONG MC CLELLAN ROAD
WHEREAS, C & H Development Co., hereinafter referred to as
"Developer", desires to develop his property at the southeast corner
of McClellan Road and Bubb Road; and
WHEREAS, Developer wishes to defer the undergrounding of utility
lines fronting McClellan road; and
WHEREAS, an agreement has been presented to the City Council
providing for the deferred undergrounding of utility lines at the sole
cost of the Developers all as more fully. outlined in said agreement.
NOW, THEREFORE BE IT RESOLVED that the Mayor and the City
Clerk are hereby authorized to execute the agreement herein referred
to in behalf of the City of Cupertino.
BE IT FURTHER RESOLVED that the City Clerk is authorized to
file said agreement with the Santa Clara County Recorder.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this 17th day of ,dine 1985, by
the following vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES: Gatto, Plungy,
NOES: None
ABSTAIN: None
ABSENT: None
F. -lo 111.'] 0000
/s/ Dorothy Cornelius
City Clerk
Rogers, Sparks, Johnson
X
APPROVED:
/s/ Phil N. Johnson
Mayor
THIS 15 TO CERTIFY THAT()Yf E WITHIN
INSTRUMENT IS TRUE AND,CORRECT COPY
OF THE ORIGNAL,01 FILE IN"THIS .OFF'ICE.
ATTEST 19��
CITY. C F HE CITY Or & ERTINO,
BY ._
-
i -
J39iPAGE 509
DEFERRED UNDERGROUNDING
AGREEMENT
This is an agreement between the City of Cupertino, hereinafter referred to
as CITY and C&H DEVELOPMENT CO.
DEVELOPER, made by and between the parties this
JUNE , 19 85 .
hereinafter referred to as
6TH day of
WHEREAS, DEVELOPER desires to develop the property described in Exhibit "A"
attached and made a part hereof by reference, and wished to defer the under -
grounding of utility lines fronting McCLELLAN Rd. and
WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work
necessary to complete the undergrounding of said utility lines; and
WHEREAS, the costs for the undergrounding are reduced when the undergrounding
is done in conjunction with other projects on and along the frontage of
McCLELLAN Rd. ; and
WHEREAS, the City and the DEVELOPER jointly agree to defer the work until a
larger project is organized.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto
as follows, to wit:
1. Installation of Work
The DEVELOPER shall install and complete the undergrounding of said
utility lines, in conjunction with any project for undergrounding said
utility lines on or fronting the properties on McCLELLAN Rd
adjacent to the above mentioned property described
in Exhibit "A".
2. Deferment
It is further agreed that the DEVELOPER shall furnish, construct, and
install at his own expense upon six (6) month notice from the CITY, in
which event the work of undergrounding said utilities must be completed
within one (1) year thereafter, or no later than ten (10) years from
the date of this agreement.
AGREEMENT - Page 2
J 391PAGE 5iO,
The DEVELOPER further ag,,ees to cooperate, upon notice by the CITY, with
other property owners, the CITY and other public agencies to provide the
undergrounding of utilities as set forth herein under a joint cooperative
plan, including the formation of a local improvement district, if this
method is feasible, to secure the installation and construction of said
undergrounding.
3. Successors - Run with Land
This agreement shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVELOPER. It is agreed and under-
stood that this agreement shall be filed for record in the Office of the
County Recorder of the County of Santa Clara, State of California, and
that the covenants in this Agreement shall run with the land, a description
of which is contained in Exhibit "A" which is attached hereto and made a
part hereof by reference, and are for the benefit of the other lands in the
City of Cupertino.
IN WITNESS WIIEREOF, CITY has caused its name to the hereto affixed by its
Mayor and City Clerk, thereunto duly authorized by resolution of the City
Council and said DEVELOPER has hereunto caused his name to be affixed the
day and year first above written.
DEVELOPER:
14
Approved as to form:
STATE OF CALIFORNIA
ss.
COUNTY OF ... Contra—Costa ......
OFFICIAL SEAL
JUDITH ANN SAMUELSON
m • a NOTARY PUBLIC -CALIFORNIA
CONTRA COSTA COUNTY
a�tFea"`' My Comm. Expires Dec. 5, 1988
CITY OF
/CUPERTINO:
yor
City,Cle'r'k
On this ... 6th ........... day of ......June .......... I ........... , in the year
1985 ......... * ....... before me,
Judi thAnnSamuelson
.. .. . a Notary Public, State of California,
duly licensed and sworn, personally appeared ..Cona.tanUae. Chx ist:.opaulos
.. and. Takeo- Ri. r.aka r.a................................................... .
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as.-Pr.es.iderXt/Se.cr.etary
�@r on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the .C.i,ty.. saf..Lafayette. , County of.C.oatr.a, .Co.sta.
This document Is only a general form which may be proper for use in simple , , , , , , , , , , , , , , , , , , , , , , , , • , • • • , on the set fo above in this certificate.
transactions and in no way acts, or Is Intended to act, as a substitute for the
advice of an attwrwy. The printer does not make any wananty either topless or implied as to the _
legal validity of any provision or the suitability of these forms in any specific transaction.
Cowdery's Form No. 28 —Acknowledgement to Notary Public —
Notary Public, State of California
Corporation (C. C. Secs. 1190-1190.1) — (Rev. 1/83) My commission expires December 5, 1988