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85-043 Debcor Corp. Tract 7278 - Tula Ln (Reso 6652), improve frontage Peninsula Ave (Reso 6740) Undergroundind utilities Stelling (Reso 6929)TRACT AGR E E M'E N T This AGREEMENT, made and entered into this 5th day of August , 19 85 r by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and DE3COR/SteLLLng 8 hereinafter desiqnated as DEVELOPER. W I T N E S S E T H WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the Citv of Cupertino, marked and desiqnated as TRACT 7278, TULA LANE 0 Cupertino California, hereinafter desiqnated as the "Tract"; and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Tract by CLTTIS ENGINEERING a true copv of which 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 thouqh 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." Page 1 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 PART A. Faithful Performance Bond: $ 23,000.00 TWENTY THREE THOUSAND AND no/100 DOLLARS PART B. Labor and Material Bond: $ 23,000.00 TWENTY THREE THOUSAND MTD no/100 DOLLARS PART C. Checking and Inspection Fee: $ 9,200.00 NINE THOUSAND TWO HUNDRED AND no/100 DOLLARS PART D. Indirect City Expenses: $ 1,380.00 ONE THOUSAND THREE HUNDRED EIGHTY AND N0/100 DOLLARS PART E. Map Filing Fee $ 116.00 ONE HUNDRED SIXTEEN AND no/100 DOLLARS PART F. Development Maintenance Deposit: $ 370.00 THREE HUNDRED SEVENTY AND no/100 DOLLARS PART G. Storm Drainage Fee: $ 2,450.00 TWO THOUSAND FOUR HUNDRED FIFTY AND no/100 DOLLARS PART H. One Year Power Cost: $ 36.00 THIRTY SIX AND no/100 DOLLARS PART I. Street Trees: N/A PART J. Park Fee: ZONE $ 33,696.00 THIRTY THREE THOUSAND SIX HUNDRED NINETY SIX AND no/100 DOLLARS PART K. Water Main Extension Deposit: N/A Page 2 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. 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 performed under the inspection and with the approval of the City Engineer. The work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, 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 thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the 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. 2. 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 glace. 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. Page 3 3. 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. 4. 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, 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. Page 4 5. 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. 6. 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) . 7. 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. 9. 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). 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 H), which amount represents the power cost for street lights for one year. Page 5 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. 12. PARR 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 3 herein. 12.a. PARK FEE ADJUSTMIT PROVISIONS The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires formal confirmation. The City will 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. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever, is the later to occur. 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. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions Code, pertaining to special assessments or bonds, have been complied with. PAGE 6 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 - P. G. and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH It isfurther 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 circuitsto 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 Telephone 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 as provided in Paragraph 13 above, 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. PAGE 7 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 maintainat 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. 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. 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 September 9, 1977. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at PART K, Page 3, shall be the full amount due. P AGE 8 23. 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. 24. TERMS AND CONDITIONS it is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. 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: OFFICIAL SEAL DEBORAH C BONFIELD NOTARY PUBLIC -CALIFORNIA SANTA GIARA COUNTY My comm. expires SEP 25, 1987 CITY OF CUPERTINO j a r =� Cowdery's Form No. 29—(Acknowledgment—Partnership) (C. C. Sec. 1189) STATE OF CALIFORNIA, �^ ss. -- — - _ _C��ou��njjt y o f SCvi�--_i.._[CLY0----------------------- On this -__qD- !_+^_..___.day of.._ V __...._....__._.___. _.in thA year ne tho and nine hundred and----Q---------------------------__before me,--_-�&r4h___--n-_l.7GK1'Ltp17- _..._., a Notary Public, State of Calif rnia, dulycommissioned and sworn, personally appeared -----------------------------.-�CbCkrd tj-- C'.":ACLM�n------------------------_.....---------------------- known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. � IINWIT ESS WHEREOF I have hereunto set my hand and affixed my official seal, ,,j,,,,,�� in the � - P� GLcounty of t 1 ------CIOLM ...... ........_---.the day and year in this certificate first above written. Notary Public, State of California My Commission Expires.-. Nv. s.ft5 ----- 0 RESOLUTION NO. 6652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7278 LOCATED ON TULA LANE; DEVELOPER, DEBCOR/STELLING 8; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 7278 located on Tula Lane showing certain avenues, drives, places, and roads by DEBCOR/Stelling 8; 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, 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 final map and improvement plans of Tract 7278 be and the same are hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. C. The City Engineer and the City Clerk are hereby authorized to sign the improvement plans. d. 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 5th day of August , 1985 by the following vote: RESOLUTION NO. 6652 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tract No. 7278 DEBCOR/Stelling 8 LOCATION: Tula Lane A. Faithful Performance Bond: $23,000.00 Twenty Three Thousand and no/100 Dollars B. Labor and Material Bond: $23,000.00 Twenty Three Thousand and no/100 Dollars C. Checking and inspection Fee: $ 9,200.00 Nine Thousand Two Hundred and no/100 D. Indirect City Expenses: $ 1,380.00 One Thousand Three Hundred Eighty and no/100 Dollars E. Map Filing Fee $ 116.00 One Hundred Sixteen and no/100 Dollars F. Development Maintenance Deposit: $ 370.00 Three Hundred Seventy and no/100 Dollars G. Storm Drainage Fee: $ 2,450.00 Two Thousand Four Hundred Fifty and no/100 Dollars H. One Year Power Cost: $ 36.00 Thirty-six and no/100 Dollars I. Street Trees: N/A J. Park Fee: $33,696.00 Thirty-three Thousand Six Hundred Ninety-six and no/100 Dollars K. Water Main Extension Deposit N/A Vote Members of the City Council AYES: Gatto, Rogers, Sparks, Johnson NOES: None ABSENT: Plungy ABSTAIN: None APPROVED: /s/ Phil N. Johnson Mayor, City of Cupertino ATTEST: /s/ Porotby Cornelius City Clerk A G R E E M E N T PENINSULA AVENUE This AGREEMENT made and entered into this 6th day of January , 19 86 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and DEBCOR heinaf ter designated as DEVELOPER. W I T N E S S E T H WHEREAS, the DEVELOPER has made application to the CITY for securing a building permit from the 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 JENNINGS McDERMOTT-HEISS INC. _ ... _ 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: 3 PART A. Faithful Performance Bond: $10,000.00 (CASH) TEN THOUSAND AND NO/100 DOLLARS (CASH) PART B. Labor and Material Bond: --------- PART C. Checking and Inspection Fee: $ 600.00 SIX HUNDRED AND NO/100 DOLLARS PART D. Indirect City Expenses: $ 90.00 NINETY AND N0/100 DOLLARS PART E. Development Maintenance Deposit: $ 250.00 TWO HUNDRED FIFTY AND NO/100 DOLLARS PART F. Storm Drainage Fee: $ 450.00 FOUR HUNDRED FIFTY AND N0/100 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: INSTALL MAIN REIMBURSEMENT TO CITY FOR CITY WORK $ 3,979.50 THREE THOUSAND NINE HUNDRED SEVENTY NINE AND NO/100 DOLLARS (1) STEVENS CREEK BLVD: CURB/GUTTER 105' @ $10.90 ft. $1,144.50 (2) PAVEMENT 105' @ $2.28 ft. $2,835.00 $3,979.50 Page 2 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION 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: ( preliminary title report issued by a title insur�ce compan elating to the property offered for ded' tion; said Pre li ry Title Report shall be nished by DEVELOPER. (2) A standard policy of ti urance issued by a title insurance company and i ng e CITY in the sum of: N/Af and which shall ow said prop free and clear of all liens or en rances except those a he CITY shall expressly e in writing; said policy shall urnished at th ime of acceptance of dedication and recordati of 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 speditied 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 tecover 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 ALppfbved by the City Engineer of Cupertino The Work shall be done Page 3 A. The DEVELOPER offers to dedicate the real property show 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 exdept. 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: ( preliminary title report issued by a title insur�ce compan elating to the property offered for ded' tion; said Pre li ry Title Report shall be nished by DEVELOPER. (2) A standard policy of ti urance issued by a title insurance company and i ng e CITY in the sum of: N/Af and which shall ow said prop free and clear of all liens or en rances except those a he CITY shall expressly e in writing; said policy shall urnished at th ime of acceptance of dedication and recordati of 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 speditied 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 tecover 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 ALppfbved 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 proposedexcavation 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. Ir. 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: -- -//X-m , City AtOrn` Notary Acknowledgement Required GENERAL ACKNOWLEDGMENT State of Cal &r n l Q SS. Countyof \Y1+Q ukra CITY OF CUPERTINO mayor: -� City Clerk)Z /—g �•il���iR�ia�� I'll On this thday of �Pcern UP -r- 19 uJ, before me, the undersigned Notary Public, personally appeared IV 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. V'CITNESS my hand and official seal. Notary's Signature NO. 201 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 OFFICIAL SEAL ,; c4.. q,e a DEBORAH C BONFIELD a ; a NOTARY PUBLIC - CALIFORNIA ' `'" r�:z. 4. oa,,," SANTA GISR'A COUNri' My comm. expires SEP 25, I9E7 CITY OF CUPERTINO mayor: -� City Clerk)Z /—g �•il���iR�ia�� I'll On this thday of �Pcern UP -r- 19 uJ, before me, the undersigned Notary Public, personally appeared IV 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. V'CITNESS my hand and official seal. Notary's Signature NO. 201 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 RESOLUTION NO. 6740 • • •W00111 i • -a Za • milk [en at MISS= MIA WHEREAS, there has been presented to the City Council for approval of the final plan for the improvement of street frontage located on Peninsula Avenue by Debcor Corporation; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, 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 on Peninsula Avenue be and the same is hereby approved; and the City Engineer is hereby authorized to sign said final plan; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPIEED at a regular meeting of the City Council of the City of Cupertino this 6th day of January , 1986 by the following vote: Vote Members of the Citv Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius City Clerk /s/ Barbara A. Rogers Mayor, City of Cupertino RESOLUTION NO. 6740 EXHIBIT "An SCHE= OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Commercial Debcor Corporation LOCATION: Peninsula Avenue A. Faithful Performance Bond: $10,000.00 (Cash) Ten Thousand and no/100 Dollars B. Labor and Material Bond: ------- Twenty-eight Thousand and no/100 Dollars C. Checking and inspection Fee: $ 600.00 Six Hundred Hundred and no/100 D. Indirect City Expenses: $ 90.00 Ninety and no/100 Dollars E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $ 450.00 Four Hundred Fifty 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 Install Main Reimbursement to City for City Work $ 3,979.50 Three Thousand Nine Hundred Seventy-nine and no/100 Dollars (1) Stevens Creek Boulevard: Curb/Gutter 105' @ $10.90 ft. $1,144.50 (2) Pavement 105' @ $2.28 ft. $2,835.00 $3,979.50 iVQ ITEE IN ACCORDANCit lo -god Taleem /,91/ I �1 8910076 WITH 60V CODE 610:1 Cv�F T►r�6 Gfi 1 M •NO FEE IN ACCORDANCE WITH 60V CODE 6109 DEFERRED UNDERGROUNDING 89100'76 FiL'C'0 °t f y CORD 1,r IFIEQ.UEST Or City° P _ AUG I5 1 G-rc t? iG Iy Jl"1 AGREEMENT C3i"t �Yy> RL Ci'itikef< This is an agreement between the City of Cupertino, hereinafter referred to as CITY and DEBCOR CORPORATION hereinafter referred to as DEVELOPER, made by and between the parties this 4th day of , August , 19 86 J PAGE 2 2 WIIEREAS, 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 STELLING ROAD ; 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 WIIEREAS, the costs f6r the undergrounding are reduced when the undergrounding is done in conjunction with other projects on and along the frontage of STELLING ROAD ; and WIIEREAS, the City and the DEVELOPER jointly agree to defer the work until a larger project is organized. NOW, TREREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, to wits 1. Installation of Work The DEVELOPER shall install and complete the undergrounding of sdid utility lines, in conjunction with any project for undergrounding said Utility lines on or fronting the properties on STELLING.ROAD 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 8 11 PAGrE 2 2 3 5 The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the. undergrounding of utilities as set forth herein under a Joint cooperative's 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 WHEREOF, 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: • 1 bCG a T If r ( f C 777,77 - - - - Approved ( 7 - Approved as to form: Ci y Attorney GENERAL ACKNOWLEDGMENT State of CALIFORNIA SS. County of SANTA CLARA .boa rM1 OFFICIAL SEAL a y D'EBOR'AH CITY OF CUPERTINO: 12# Mayor City Clerk On this the 24thday of Ju I y 1986 , before me, DEBORAH C. BONFIELD the undersigned Notary Public, personally appeared RICHARD H. CHILDRESS M personally known tome ❑ proved tome 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 it. WITNESS my hand and official seal. otary's Signature NO. 201 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 k (h s� rr•.;: OFFICE BONFIE'LD NOTARY PUBLIC - CALIFORNIA SANTA CLAP.A COUNTY My comm. expires SEP 25, 1987 CITY OF CUPERTINO: 12# Mayor City Clerk On this the 24thday of Ju I y 1986 , before me, DEBORAH C. BONFIELD the undersigned Notary Public, personally appeared RICHARD H. CHILDRESS M personally known tome ❑ proved tome 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 it. WITNESS my hand and official seal. otary's Signature NO. 201 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 k J811PAGE 22-36. RXATRTT "A" All of that real property situate in the city of Cupertino as shown on that certain map filed for record in Book 277 of Maps, Page 55, Santa Clara County Records. ', J811PAGE2237 RESOLUTION NO. 6929 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND DEBCOR CORPORATION PROVIDING FOR THE UNDERGROUNDING OF UTILITIES ON A DEFERRED BASIS SOUTH STELLING ROAD WHEREAS, Debcor Corporation, hereinafter referred to as "Developer", desires to develop its property on Stelling Road; and WHEREAS, Developer wishes to defer the undergrounding of utility lines fronting South Stelling 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 Developer all as more fully outlined in said agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. BE IT FURTHER RESOLVED that the City Clerk is authorized to file said agreement with the Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of August 1986 by the following vote: Vote: Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ?1"'S'S T?) CE!?4try THAT THE: tyr-r"lly 1N!STRUMENT ELS A TRUE MPtD 013RREr-T cpRY OF THE c-RiE' HAL ON r[LC ltL ABSENT: None THM QFrICE. ABSTAIN: None CdTY CLERK TMM 9Y CCT cLMK ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino