80-003 Joseph F. Brown Development of properties (see Reso's 4890, 4911, 5178, 6736)A G R E E M E N T
This AGREEITvdT made and entered into this 29th day of
January , 1979 , by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter designated as CITY, and
CUPERTINO-BROWN INVESTMENT
hereinafter designated as Developer.
W I T N E S S E T H
I•THEREAS, the Developer has made application to the CITY for a
Tentative Map
and is securing 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 Mark Thomas Company ;
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
establishes the amounts of Bond, Fees, and Deposit as set forth in the following
schedule;
-1-
SC=ULE OF BOND , FEES, SVD DEPOSITS
PART A. Faithful Performance Bond: Bandley Drive=$ 56,000.
PART B. Labor and Material Bond: Bandley Drive S 56,000.
PART C. Checking and Inspection Fee:
PART D. Indirect City Expenses:
$ 2,800. 2-,
$ 420.
PART E. Development Maintenance Deposit: $ 250.
PART F. Storm Drainage Fee:
$ 15,730.
PART G. One Year Power Cost: $ 36.
PART
H.
Tree Fees:
by Developer
$ ---
RA—RT
1.
L.
Engineering
Plans _
Yap C::eck=_^_g
Fee:
$ 50.
PART J. Park Fee:
$ N/A
PART
K.
Water Main
Extension Deposit
$
N/A
PART
L.
Engineering
Plans _
$
163995.00 - -
PART M. Improvement - De Anza. 1,715.50
1. DEDICATION
:'�offers
to dedicate thereal roomerc s attahereto and made a part hereof y re__ '_d
-2-
icated property shall be free and clear of all liens or encumbrances exce
those ich the CITY shall expressly waive in writing. The Developer a ees not
to revoke s 'd offer of dedication, and to keep said offer open unt' the CITY
accepts said of by resolution.
(b) Upon ex ution of this AGREEMENT the Develo r agrees to deliver
a properly executed grant ' ed to the CITY of the re property described in
Exhibit "A", and such other exe ted conveyance or instruments necessary to
convey clear title as herein require The eveloper shall provide, at the
Developer's sole cost and expense, to e ITY:
(1) A preliminary t report sued by a title insurance company
relating to the proper offered for de 'cation; said Preliminary Title
Report shall be fur shed
Zeveryscovenant
A st dard policy of title insurance sued by a title insurance
and ' suring the CITY in the sum of $ and
a show said property free and clear of all iens or. encumbrances
ose as the CITY shall expressly waive in write said policy
furnished at the time of acceptance of dedicatio and recordation
n the condition precedent that the Developer shall perfo each
at and condition of this AGREEMENT, the CITY agrees to accept s d
real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
(a) The Developer shall install and complete the Work within one (1)
year from the date of execution of this AGREEMENT, or such longer period as may
be specifically authorized in writing by the City Engineer. In the event the
Developer fails or refuses to complete the Work within the specified period of
time, the CITY, at its sole option, shall be authorized to complete the Work in
whatever manner the CITY shall decide. In the event the CITY completes the Work,
the CITY may recover any and all costs incurred thereby from the Developer or the
Developer's surety or both.
'.ci
(b) The Developer shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the City Engineer
of Cupertino. The Work shall be done in accordance with existing ordinances and
resolutions of the City of Cupertino, and in accordance with all plans, specifi-
cations, standards, sizes, lines and grades approved by the City Engineer. The
Work shall be done in accordance with all State and County Statutes applicable
thereto. The decision of the City Engineer shall be final as to whether any
material or workmanship meets the standards, specifications, plans, sizes, lines
and grades as set forth.
(c) It is further agreed that the Work shall be done in accordance with
the Standard Specifications of the Department of Public Works, Division of High-
ways, State of California, dated January, 1973 and in accordance with the speci-
fications of the Cupertino Sanitary District where applicable.
Wherever the words "State" or "Division of Highways" are mentioned in the
State Specifications, it shall be considered as referring to the City of Cupertino;
also wherever the "Director" or "Director of Public Works" is mentioned, it shall
be considered as referring to the City Engineer.
In case of conflict between the State Specifications and the specifications
of the City of Cupertino and/or the Cupertino Sanitary District, the specifications
of the City of Cupertino and/or the Cupertino Sanitary District shall take prece-
dence over and be used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the Developer shall comply with Section Three of
Ordinance No. 130 of the City of Cupertino by obtaining an excavation permit from
the City Engineer before the commencement of any excavation in, on, or under the
surface of any existing public street, lane, alley, sidewalk, or other public place.
It is further agreed that the Developer shall notify the City Engineer of the exact
date and time when the proposed excavation is to commence.
-4-
4. QUITCLAIM DEED
It is further agreed that Developers when requested by the CITY, shall
quitclaim all his rights and interests in, and shall grant to CITY authorization
to extract water from the underground strata lying beneath said project and
Developer agrees to execute a "Quitclaim Deed and Authorization" in favor of
CITY, when presented to him for signature.
5. BONDS AND OTHER SECURITY
(a) Upon the execution of this AGREEyLENT, the Developer shall file with
the CITY a faithful performance bond to assure his full and faithful verformance
of this AGREEHENT. The penal sum of said faithful performance bond shall be the
full cost of any payment to be made under this AGRE24ENT, the value of any land
agreed to be dedicated, and any improvements to be made under this AGRE21FNIT. 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 dedica-
tion 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 do so.
(b) In lieu of a surety bond, the Developer may elect to secure this
AGREEMENT by depositing with the CITY:
'.dim
(1) Cash; or,
(2) A cashier's check, or a certified check, payable to the order
of the CITY; or,
(3) A certificate of deposit, or instrument of credit meeting the
requirements of Government Code Section 66499 (b) or (c) .
(c) The amount of said cash, checks, certificate of deposit, or instru-
ment of credit shall be as designated by the City Engineer, and shall be the equiv-
alent to that which would have been required had the Developer furnished the CITY
with a surety bond. In the event that the Developer shall fail faithfully to
perform the covenants and conditions of this AGREEMENT, or to make any payment, or
any dedication of land, or any improvements therein required, the CITY may apply
the proceeds of said security thereto.
(d) No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except upon approval of the City Council.
(e) No interest shall be paid on any security deposited with the CITY.
6. 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 con-
struction cost vary materially from the estimate from which said sum is calculated,
the City Engineer shall notify Developer of any additional sum due and owing as a
result thereof.
7. INDIRECT EXPENSES
It is further agreed that Developer shall pay to CITY, prior to execution
of this AGREEMENT, indirect expense allocable to processing these improvements,
the amount as set forth herein at Page 2 (Part D).
7A. MAP FILING FEE
It is further agreed that the Developer shall deposit with CITY, prior
to execution of this AGR.EE'.IENT, for office checking of final map and field checking
of street monuments, in compliance with Section 4:1 of Ordinance No. 47
(Revised 12/4/61) of CITY, the amount as set forth herein at Page 2
(Part I) .
8. DEVELOPmR-.N ' MATNTFNAN! F n7Pf14-,TT
It is further agreed that the Developer shall pay to the CITY,
prior to execution of this AGREMENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust control
and cleaning during the construction period. The development maintenance
deposit may be utilized for repairs of defects and imperfections arising out
of or due to faulty workmanship and/or materials appearing in said work
during the period until release of the improvement bonds by the CITY. Should
the Developer complete the required repairs to the entire satisfaction of
the CITY, the unused balance will be returned after the release of the
improvement bonds.
9.A. STORM DRAINAGE FEE
It is further agreed that the Developer shall deposit with the
CITY, prior to execution of this 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) .
9.B. WATER MAIN EXTENSION DEPOSIT
The Developer further agrees to deposit with the City those monies
required to comply with "Policy on Water Main Extensions Work and Deposits"
dated 9/30/77. The deposit shall be held by the City until said monies are
needed to implement improvements outlined by the Director of Public Works or
improvements outlined within an adopted Water Master Plan.
The amount shown herein at Park R, Page 2, shall be the full amount due.
- 7 -
9.C. STORM DRAIN REIMBURSEMENT
The Developer further agrees to reimburse the City for any and all costs
for the installation of master storm lines on and along Bandley Drive, and/or
various easements connecting Bandley Drive to Fargo and Hanford Drive.
However, the reimbursement shall be limited to those costs which exceed
the extension of the Master Storm Drain Reports unit prices against the Certified
Quantities of work as established by the City.
The Developer further agrees to provide plans on the work while the City
shall.provide all field surveying.
Reimbursement shall occur within 10 working days of the award of the contract,
with final adjustments within 10 working days of the Notice of Completion.
In the event the cost of the project doesn't exceed the unit prices
established by Master Storm drain fund, no payments between the parties
shall occur.
9.D. REIMBURSEMENT OF ASSESSMENT DISTRICT COSTS FOR ENGINEERING
In accordance with that certain agreement to purchase engineering plans
and specifications dated 12-8-75 by and between the City and Joseph F. Brown
the following fee is collected.
16,875.00 * 87% = 14,681
5% interest
12-13-75 to date 2,314
$ 16,995.
The balance of the payment shall be due when the rest of the parcel
developes.:
9.E. REIMBURSEMENT OF ASSESSMENT DISTRICT IMPROVEMENTS ON DE ANZA BOULEVARD
The Developer further agrees to reimburse the city for North De Anza Blvd.
improvement along 90' of frontage on said Boulevard. The following work is to
be reimbursed:
Curb & Gutter 90 L.F. @ $3.75 = 337.50
Asphalt Street 180 S.F. @ $p.68 = 122.00
Grading 30% * 4,186 = 1,256.00
TOTAL $1,715.50
10. ONE YEAR POWER COST
It is further agreed that the Developer shall pay to CITY prior
to execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part G), which amount represents the power cost for street lights for one
year.
11. FEES FOR THE INSTALLATION OF STREET TREES
It is further agreed that the CITY shall, at such time as deemed
appropriate by the City Engineer, plant and maintain street trees in con-
formance with the standards of the City of Cupertino. As payment for said
installation and maintenance by the CITY, the Developer shall pay to the
CITY, prior to the execution of this AGREEMENT, the amount as set forth
herein at Page 2 (Part H), which amount represents the fees for installation
and maintenance of said street trees, having been calculated at the unit
price of $15.00 per tree.
12. PARK FEES
It is further agreed that the Developer shall pay such fees and/
or dedicate such land to the City, prior to execution, as is required within
"Park Dedication Ordinance" Number 602, 1972 and which.is further stipulated
under Part J., Page 2 herein.
13. MAINTENANCE OF THE WORK
It is further agreed that the Developer shall maintain the Work,
until all deficiencies in the Work are corrected to conform to the Plans
and the CITY standards and specifications for the Work. The Developer shall,
upon written notice thereof, immediately repair or replace, without cost
or obligation to the City of Cupertino, and to the entire satisfaction of
said CITY, all defects and imperfections arising out of or due to faulty
wor1k.manship and/or materials appearing in said Work.
-9-
14. SANITARY DISTRICT
It is further agreed that the Developer shall file with CITY,
upon execution of this agreement, a letter from the Cupertino Sanitary
District stating that the Developer has entered into a separate AGREEMENT
with the said District to install sanitary sewers to serve all lots within
said Project and stating that a bond to insure full and faithful performance
of the constructions of the said sanitary sewers and to insure maintenance
of said sanitary sewer in conformance with the provisions as set forth in
Paragraph 13 above has been filed.
15. GOVERNMENT CODE
It is further agreed that Developer shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assessments or bonds, have been complied with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the Developer shall file with the
CITY, upon execution of this AGREEMENT, a letter from the Central Fire
Protection District of Santa Clara County, stating that the Developer
has entered into an AGREEMENT with said District to install fire hydrants
to serve said Project and stating that all necessary fees have been deposited
with said District to insure installation and five (5) year rental fee of
said hydrants.
-10-
17. STREET LIGHTING
It is further agreed that the Developer shall apply for the installation
of electric power for street lighting at the earliest date possible.
18. P.G.& E. AuND P.T.& T.
It is further agreed that the Developer shall pay to Pacific Gas and
Electric Company and/or to Pacific Telephone and Telegraph Company any and all
fees required for installation of overhead and/or underground wiring circuits to
all electroliers within said property and any and all fees required for under -
grounding as provided in Ordinance No. 331 of CITY when Developer is notified
by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific
Telephone and Telegraph Company that said fees are due and payable.
19. 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 CITY.
20. HOLD F_AMLESS
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 against any or all loss, cost, expense, damage or liability,
or claim thereof, occasioned by or in any way whatsoever arising out of the perfor-
mance or nonperformance of the Work or the negligence or willful misconduct of
the Developer or the Developer's agents, employees and independent contractors.
21. INSURANCE
It is further agreed that: The Developer shall take out, or shall require
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.
(a) Each of said policies of insurance shall provide coverage in the
following minimum amountsc for bodily injury, $100,000 each person; $300,000 each
occurrence; property damage, $50,000 on account of any one occurrence with an
aggregate limit of not less than $200,000.
(b) The Developer shall file with the City Engineer at or prior to the
time of execution of this AGREE_"IENT by the Developer such evidence of said foregoing
policy or policies of insurance as shall be satisfactory to said City Engineer.
Each such policy or policies shall bear an endorsement precluding the cancellation
or reduction in coverage without giving the City Engineer at least 10 days advance
notice thereof.
(c) In the event that the Project covered herein should be mutually
12 -
situated in or affect the area of jurisdiction of a separate municipality or
political subdivision of the State of California, the policies of insurance requir
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 of Cupertino
shall equally apply to municipality and political subdivision.
22-. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor!
assigns and transferees of Developer. The assignment of this AGREE -=T shall not
be made without approval by the City Council of CITY.
IN WITNESS 14'HEREOF, said CITY has caused its name to be hereunto affixed by
its `.Mayor and City Clerk, thereunto duly authorized by resolution of the City Counc
and said Developer has hereunto caused his name to be affixed the day, and year
first above written.
Approved as to fora:
City Attorney
CITY OF CUPERTINO
ayor
By v
Citf Clerk
DEVELOPER
THE CORTANA CORPORATION,
Managing General Partner
of CUPERTINO-BROWN INVESTMENT,
a California General Partnership
Acknowledgements and Exhibit(s)
13
WOW ,EMfi!r��
Jack. Hiehle, Secretary
attached.
STATE OF CALIFORNIA )
) ss
OOUNTY OF SANTA C L ARA )
On this 15th day of January, 1979, before me, Kathleen J. Currall
a Notary Public in and for the County of Santa Clara, State of California,
personally appeared JACK G. HIEHLE, known to me to be the Secretary of
THE CORTANA CORPORATION, the corporation 'ihat executed the within instrument
and known to me to be the person who executed the within instrument on
behalf of said corporation, said corporation being known to me to be the
Managing General Partner of CUPERTINO-BROWN INVESTMENT, the Partnership
that executed the within instrument.
WITNESS my hard and official seal.
OFFICIAL SEAL
KATHLEEN J. CURRALL
m NOTARY PUBLIC CALIFORNIA
SANTA CLARA COUNTY NOtary l:
�F«N" My comm. expires APR 19, 1979 r
RESOLUTION NO. 4890
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY
LOCATED ALONG BANDLEY DRIVE SOUTH OF MARIANI AVENUE;
DEVELOPER, JOSEPH F. BROWN; AUTHORIZING EXECUTION OF IM-
PROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP
AND IMPROVEMENT PLANS
WHEREAS, there has been presented to the City Council for approval of
the parcel map and improvement plans of property located along Bandley Drive
south of Mariani Avenue by Joseph F. Brown; and
WHEREAS, there has been presented to the City Council a proposed agreement
for the construction of streets, curbs, and gutters, and for other improvements,
and good and sufficient bonds (letter of credit), fees, and deposits as set
forth in Exhibit "A" having been presented for the faithful performance of
said work and the carrying out of said agreement; and said map, agreement, and
bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said parcel map and improvement plans herein referred to are hereby
approved.
b. The offer of dedication for street areas and all easements is hereby
accepted.
C. The City Engineer is hereby authorized to sign said improvement
plans.
d. The City Engineer and the City Clerk are hereby authorized to sign
said parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 15th day of January , 1979 by the following vote:
Vote Members of the City Council
AYES: Meyers, O'Keefe, Rogers, Sparks, Jackson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ James E. Jackson
Deputy City Clerk Mayor, City of Cupertino
Resolution No. 4890
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT Commercial
Joseph F. Brown
LOCATION Bandley Drive south of Mariani Avenue
A.
Faithful Performance Bond
$
56,000.00
B.
Labor and Material Bond
$
56,000.00
C.
Checking and Inspection Fee
$
2,800.00
D.
Indirect City Expenses
$
420.00
E.
Map Filing Fee
$
50.00
F.
Map Checking Fee
$
-
G.
Development Maintenance Deposit
$
250.00
H.
Storm Drainage Fee
$
15,730.00
36.00
I.
One Year Power Cost
$
J.
Tree Fees By Developer
$
K.
Engineering Plans
$
16,995.00
L.
Improvements - De Anza Blvd.
$
1,715.50
RETURN TO CIT-fi
OF CUPERTINO
10300 Tim :FZE AVE.
CLIFER11A0, CA 95014
PARTIAL RELEASE OF AGREEMENT
6313323
NO FEE IN AC^.0rr1,-L A,. Cr3
WITH GOV COIDE 6103
E 347p:GE 489
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the undersigned hereby releases the hereinafter described property from the
lien of that certain agreement dated December 8, 1975, by and between the
City of Cupertino, a municipal corporation, and Joseph F. Brown, and recorded
February 4, 1976, in Book B 854 of Official Records, Page 119. The property
so released is described as follows:
All of Lot 1 as shown upon that certain Parcel Map filed for record
in the office of the Recorder of the County of Santa Clara, State of
California, on January 24, 1979, in Book 434, Page 42.
The remaining property described in said Agreement released hereby
shall continue to be encumbered by the terms of said Agreement.
Dated :
CITY OF CUPERTINO
E 347�AQ 490
On this
23rd day of Feb in the year one thousand nine
STATE OF CALIFORNIA . .. . .' .
...............
7 9 before me, ...... I'ynn. Ko s to f sky ............... .
Santa Clara ss hundred and ................... .
COUNTY OF ..........................
a Notary Public, State of California, duly commissioned and sworn, personally
Dorothy..M....Corneliu.s..................................................
appeared ...................
.........................................................................................
OFFICIAL SEAL known to me to be the person ..... whose name .............. subscribed to the within
LYNN KOSLOFSKY
NOTARY PUBLIC -CALIFORNIA s instrumen t and acknowledged to me that S..he..... executed the same.
. PRINCIPAL OFFICE r�! IN WITNESS WHEREOF I have hereunto set pre hand and affixed my
` SANTA CL:Exp.
RA COUNTY
Santa Cl a Cali the da and year
My Commission July 27,1982 official seal in the.........................aGounty of ........................... y y
in this certificate first above wr'tten.
.........................................
This document is only a general form which may be proper for use in simple transactions �J% Notary Public, State of CQhf rn1
and in no way acts, or is intended to act, as a substitute for the advice of an attorney.
The publisher does not make any warranty, either express or implied as to the legal -
validity of any provision or the suitability of these forms in any specific transaction.
My commission expires ........) �i•.••••I
Cowdery's Form No. 32—Acknowledgement—General (C. C. Sec. 1190a)
-I -s LUIIIey -
E 347P!GE 491
STATE OF CALIFORNIA On this 23rd day of February in the year one thousand nine
hundred and seventy nine before me, Dorothy Cornelius,
COUNTY OF SANTA CLARA a Notary Public, State of California, duly commissioned and
sworn, personally appeared James E. Jackson
known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
1
official seal in the
Santa Clara County of California the
eeeeileeleee79ele61eete51111e11pUppeeellz
day and year in this
certificate first above written.
!®YYIla aago
OFFICIAL SEAL
CORNELIUS
w DOROTHY
® NOTARY PUBLIC — CALIFORNIA
m �ALAMEDA COUNTY z
m Expires Jan. 18, 1980 m
Notary Public, St to
of California
My Commission
®eaeeeeeemeoaeemeeee®eaeeeeaeeeeeeeuenmmaeeeetue[�
Pty commission expires
/ v /��C)
4
1
E
RESOLUTION NO. 4911
347f.,G; 492
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF PARTIAL RELEASE OF AGREEMENT OF
THAT CERTAIN AGREEMENT BETWEEN THE CITY AND JOSEPH F.
BROWN
WHEREAS, the City of Cupertino and Joseph F. Brown did enter into a
certain agreement executed December 8, 1975, entitled, "Agreement to Purchase
Engineering Plans and Specifications Including Covenant Running with Land";
and
WHEREAS, that certain agreement referenced hereinabove requires Joseph
F. Brown to reimburse the City for the cost of engineering fees if and when Mr.
Brown applies for a building permit; and
WHEREAS, Mr. Brown has applied for a building permit to construct on Lot
1 as said lot/parcel is shown on that certain map filed for record at Book 434
Page 42, Santa Clara County Records; and
WHEREAS, Mr. Brown has paid the City $16,995.00, which is the amount agreed
to between the City and Mr. Brown; and
WHEREAS, it is no longer necessary to retain liens on certain of the
parcels of land named in the aforementioned agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cuper-
tino hereby authorizes the Mayor and the City Clerk to execute a "Partial Re-
lease of Agreement" releasing the properties listed in said agreement from the
liens of that certain agreement dated December 8, 1975, and have said agreement
recorded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 5th day of February 1979 by the following vote:
Vote Members of the City Council
AYES: Meyers, O'Keefe, Rogers, Sparks, Jackson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ James E. Jackson
Acting City Clerk Mayor, City of Cupertino
6627594
FILED FOR RECORD
AT REQUEST Of
F 88 �'�� 4�8 ,JAN 17 04 A 180
RESOLUTION NO. 5178 OFFICIAL RECORDS'.
SANTA. GLARA CO. N .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF df��TEINOyANN
AUTHORIZING EXECUTION OF PARTIAL RELEASE OF AGR?iffiN lr_O` FIECORDE}3'
THAT CERTAIN AGREEMENT BETWEEN THE CITY AND JOSEPH F.
BROWN
WHEREAS, the City of Cupertino and Joseph F. Brown did enter into a certain
agreement executed December 8, 1975, entitled, "Agreement to Purchase Engineering
Plans and Specifications Including Covenant Running with Land"; and
WHEREAS, that certain agreement referenced hereinabove requires Joseph
F. Brown to reimburse the City for the cost of engineering fees if and when Mr.
Brown applies for a building permit; and
WHEREAS, Mr. Brown has applied for a building permit to construct on Lot
1 as said lot/parcel is shown on that certain map filed for record at Book 434
Page 42, Santa Clara County Records; and
WHEREAS, Mr. Brown has paid the City $16,995.00, which is the amount agreed
to between the City and Mr. Brown; and
WHEREAS, it is no longer necessary to retain liens on certain of the parcels
of land named in the aforementioned agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cuper-
tino hereby authorizes the Mayor and the City Clerk to execute a "Partial Re-
lease of Agreement" releasing the properties listed in said agreement from the
liens of that certain agreement dated December 8, 1975, and have said agreement
recorded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 1 pry, day of Dece*nbEr 1979 by the following vote:
Vote
Members of the
City Council
AYES:
Jackson, O'Keefe,
Rogers, Sparks, Meyers
NOES:
None
THIS IS i❑ r-
�'c W r C SPS'
ABSENT:
INSTRUMENT s'.. `, :. _,-. ._ ..
[IF THE ❑RIGI "_ C 1- ' I� `T' iIS OFFICE.
None
Q.V r, t g
ABSTAIN:
None
ATTEST11
CITY CLER = I Y CLlPE
J
APPROVED:
f
i�.lY
r_
/s/ Robert
W. Meyers `
Mayor, City
of Cupertino
ATTEST:
/s/ Lucille C. Blaise
Deputy City Clerk
PARTIAL RELEASE OF AGREEMENT i� SS ,!-:_--469
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the undersigned hereby releases the hereinafter described property from
the lien of that certain agreement dated December 8, 1975, by and between
the City of Cupertino, a municipal corporation, and Joseph F. Brown, and
recorded, February 4, 1976, in Book B 854 of Official Records, Page 119.
The property so released is described as follows:
All of Parcels "A" and "B" as said parcels are shown on that certain
Parcel Map filed for record in the Office of the Recorder of the County
of Santa Clara, State of California, on August 20, 1979, in Book 448 of
Maps, at page 13.
Dated: y �/ /-/ /, `? °-; CITY OF CUPERTINO
ATTEST:
By:_
Y
Mayor, City of Cuperti o
CityGCler%
APPROVED AS TO FORM:
City Attorney r
- , 7
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino, California 95015
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
Sept. 22, 1983
County of Santa Clara Recorder
..
70 W. Hedding St.
San Jose CA
COVENANTS RUNNING WITH LAND - NOTICE OF MERGER
Enclosed for recordation are copies of covenants running with land and notice
of merger pertaining to property owned by Dr. Joseph Frown, D.V.M. These
documents are being recorded as required by Council action. Therefore,
no fee is required. Please put duplicate recording information on the second
copy of each document and returt it to the bearer.
Sincerely,
DOROTHY CORNEL US
City Clerk
cc: Planning Dept.
l
Nunn COM
Recording Requested by:
CITY OF CUPERTINO
When Recorded, return to:
City of Cupertino
10300 Torre Avenue
P.O. Box 580
Cupertino, California
NO FEE (Gov. Code 06103
Ab
FILED FOR RE609p .'
AT REQUEST OF c
P 22 3 s5pm 3
OFFICJAt' RECORDS
95014
MANN
u %AR RFOORDER
NOTICE OF MERGER
This notice.is filed under the provisions of Government Code Section
66424.2. The real property in the City of Cupertino, County of Santa Clara,
described in the attached Exhibit A and owned by Joseph F. Brown
is, under the provisions of the Subdivision Map Act and Ordinance of the
City of Cupertino, merged for the purposes of the Subdivision Map Act into
a single parcel.
Dated_ September 21, 1983
games
H. Sisk, Planning Director
City of Cupertino
STATE OF CALIFORNIA )
ss
COUNTY OF SANTA CLARA )
I, DOROTHY CORNELIUS, certify that on September 21, 1983 , JAMES It SISK,
,r k -,.
known to me and known to me to be the Planning Director of the City of Cupertino,
personally appeared before me and acknowledge that he executed this notice on
behalf of. the City of Cupertino.
DATED
"ROTHYCORVLIUS, City Clerk
City of Cupertino
IG,
..., A .OFFICI
p,yAL SL4
4iVti /' O AQ Y M/i[, ARIE C012NELIUS
SANTH unLIC . CAL
-s-ARA C URNIA
MY Commission EX ire ()UNTY
9� p s Feb. 17. 1984 C
CUG`(�G:,UG
"EXHIBIT A"
LEGAL DESCRIPTION
Lots 13, 14 and 15 in Block 3 First Addition Monta Vista as said Lots
are delineated on that certain Map entitled, Map of First Addition
Monta Vista, Santa Clara County, California.
Assessors Parcel Number 326-25-15 and 326-25-16
El
Recording Requested By:
Dr. Joseph Brown, D.V.M.
10026 Peninsula Boulevard
Cupertino, California 95014
When Recored, Mail To:
Dr. Joseph Brown, D.V.M.
10026 Peninsula Boulevard
Cupertino, California 95014
tva 7826649
�k5fit
COVENANTS RUNNING WITH THE LAND
WHEREAS, Dr. Joseph Brown, D.V.M., hereafter "Dr. Brown",
owns certain property in the City of Cupertino, County of Santa
Clara, commonly known as 10026 Peninsula Boulevard and more
particularly described herein as Lots 13, 14 and 15 in Block 3
First Addition Monte Vista as said Lots are delineated on that
certain Map entitled, Map of First Addition Monte Vista, Santa
Clara County, California.
WHEREAS, Dr. Brown has applied for and has received approval
from the Planning Commission and the City Council of the City of
Cupertino for a use permit to allow construction of a commercial/
office building on the above-mentioned property; and
WHEREAS, said approval by City Council granted July 28, 1983
per application 21-U-83 was conditioned upon Dr. Brown entering
into a certain ingress/egress easements with the adjoing property
owners, if the said adjoining property owners were willing and/
or able; no
WHEREAS, Dr. Brown is unable to enter into said agreement,�;
he hereby agrees to perform said conditions as follows:,
1. Dr. Brown shall participate in reciprocal ingress/
egress easements with the adjoing property owners pursuant to
existing City requirements at such time in the future the City
can require the same of the adjoinig property owner.
2. This agreement is intended to be a covenant
running with the land, shall bind •and inure to the benefit of
the heirs, persona representatives, successors, and assigns of
each present or future owner of the property owner of the property
described herein.
S3
Dated: 2- L,� -
State of California
SS.
Countyof Santa Clara
W
OFFICIAL SEALVICKI HULL
OTARY PUBLIC - CALIFORNIASANTA CLARA COUNTY
My comm. expires AUG 14, 1987
On this the21st day of September _ __ 19 83 , before me,
Vicki Hull
the undersigned Notary Public, personally appeared
______Joseph F. Brown.. --------- -- -
XX personally known to me
I I proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) . -- -is _- _ subscribed to ,the
within instrument, and acknowledged that he executed it.
WITNESS my hand and official seal. "
Notary's Signature
NATIONAL NOTARY ASSOCIATION • 23012 VPn ..r:1 Ri,d • W t IW ' A91364
N0 FEE IN ACCORDANCE
WITH GOV CODE 6103
RETURN TO CITY
CUPERTINO
y TORRE AVE.
CA 95014
RESOLUTION NO. 6736
38
86588Q9
foe A=50
,�i ' ff OF
JAN 17 9 31 ty, 16
JAN 17 198.6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPER`I'INC
AUTHORIZING EXECUTION OF DEFERRED AGREEMENT WITH
JOSEPH F. BROWN FOR THE DaWVE= OF FRONTAGE
ALONG 10026 PENINSULA AVENUE
1 CAL RZOORM
f,
"ME Ki NE
EI
WHEREAS, there has been presented to the City Council an agreement for
the izIprovement of the street frontage along 10026 Peninsula Avenue by
Joseph F. Brown; and
WHEREAS, said proposed agreement contains provisions for the
construction of streets, curbs, gutters, sidewalks, and for other
improvements within a period of five (5) years and six (6) months from the
date of execution of said agreement; and said agreement having been
approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the aforementioned agreement is
hereby approved; and the City Engineer is hereby authorized to sign the
final plans when presented by the developer; and the Mayor and the City
Clerk are hereby author" zed to execute the a-gree-9-aent he-eir± referred to in
behalf of the City of Cupertino.
BE IT FLIRT= RESOLVED that the City Clerk is authorized to file this
agreement with the Santa Clara County Recorder.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 6th day of January_, 1986 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
ORIGINAL - RETURN TO
CITY OF CUPERTINO
THIS 15 TO CERTIFY THAT THE WITHIN
RUE
INSTRUMENT
❑F THE ORIGINAL ON D
❑N FILEIN THIS OFFICE.
ATTEST '19�—Z
CITY CL F TH CITY OF CU INC
APPROVED: -
/s/ Barbara A. Rogers
Mayor, City of Cupertino
A G R E E
M E N T
� 5r��pAGE1.3�6
10026 PENINSULA
AVENUE
This AGREEMENT made and entered into this 6th day
of January 1986 01 by and between the CITY OF
CUPERTINO, a municipal corporation of the State. of California,
hereinafter designated as CITY, and JOSEPH F. BROWN
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
BUILDING PERMIT from CITY to construct
and maintain A COMMERCIAL DEVELOPMENT hereinafter referred to as
"Project."
WHEREAS, the CITY hereby agrees to permit DEFERMENT of the
required development improvements in accordance with the provisions
of this AGREEMENT; and;
WHEREAS, the DEVELOPER hereby agrees to provide necessary
improvement plans and specifications at such time has they may be
required by the City Engineer or as provided herein and;
WHEREAS, the DEVELOPER further agrees to perform at his sole cost
all the work necessary to complete installation of those improvements
which will be required in accordance with those plans to be prepared;
and
WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or
other guarantees as outlined herein to assure compliance with
conditions of development approval; and
Page 1
J 57SPAGE 138 7
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amounts of Bonds, Fees, and Deposits as set
forth in the following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
Improvement Category - 3
PART A. Faithful Performance Bond: Deferred
PART B. Labor and Material Bond: Deferred
PART
C.
Checking and Inspection Fee:
Deferred
PART
D.
Indirect City Expenses:
Deferred
PART
E.
Development Maintenance Deposit:
Deferred
PART
F.
Storm Drainage Fee:
$450.00
PART
G.
One Year Power Cost:
Deferred
PART H. Street Trees: By Developer
PART
I.
Map Checking Fee:
N/A
PART
J.
Park Fee:
Paid
PART K. Water Main Extension Deposit:
H.U.D.WATER MAIN REIMBURSEMENT TO CITY - $870.75
WATER MAIN EXTENSION DEPOSIT - $648.00
PART L. Maps and/or Improvement Plans: Deferred
Page 2
J 57SPAGE13SS
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the.
parties hereto as follows, TO WIT:
1. DMICATION
A. �Vhe DEVELOPER offers to dedicate the real pro"perty ''
show on Exhi t "A", which is attached hereto and made a p rt, -'r
hereof by refe eYice. Said dedicated property shall be free and
clear of all li��gs or encumbrances except those which th EITY
shall waive in w Iting. The DEVELOPER agrees not to revo said
offer of dedication -and to keep said offer open unti the CITY
accepts offer by resolution. r
B. Upon execexu ion of this AGREEMENT the. D ELOPER agrees
to deliver a properly e ted grant deed to the Cof the real
property described in hibit "A", and su other executed
conveyances, or instruments necessary to coxrivey clear title as
herein required. The DEVELOER shall pr e, at the DEVELOPER'S
sole cost and expense, to the Cit
(1) A preliminary title re ort`issued by a title insurance
company relating to the p� 'erty offered for dedication;
said Preliminary Title amort shall be furnished by the
DEVELOPER. �\
(2) A standard poli of title insurance issued by a title
insurance company ,Wand insuring the CITY in the sum of:
N/A, and which sRYiall show said properly 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 ti-t:fe of acceptance of dedication a,�d recordation of
deed./"
C. Upon the condition precedent that the°DEVELOPER shal
perform each and every covenant and condition of tYris AGREEMENTkii,
the CITY agrees to accept said real property offered fodedication.
, 2. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within
one (1) year from the date of execution of this AGREEMENT, or such
longer period as may be specifically authorized in writing by the
City Engineer. In the event the DEVELOPER fails or refuses to
complete the Work within the specified period of time, the CITY, at
its sole option, shall be authorized to complete the Work in
whatever manner the CITY shall decide. In the event the CITY
completes the Work, the CITY may recover any and all costs incurred
thereby from the DEVELOPER or the DEVELOPER'S surety or both.
B. The DEVELOPER shall install and complete the Work in a
good and workmanlike manner in accordance with the plans as
approved by the City Engineer of Cupertino. The Work shall be done
Page 3
J57SPAGEI-353
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
�57$P46E1390
the DEVELOPER shall, in addition to said faithful performance, file.
with the CITY a labor and materials bond in a penal sum adequate to
assure full payment of all labor and materials required to
construct said improvements. The amount of said bonds shall be as
designated by the City Engineer. Said bonds shall be executed by a
surety company authorized to transact a surety business in the
State of California and must be approved by the City Attorney as to
form and by the City Engineer as to sufficiency. In the event that
the DEVELOPER shall fail faithfully to perform the covenants and
conditions of this AGREEMENT, or to make any payment, or any
dedication of land, or any improvements herein required, the CITY
shall call on the surety to perform this AGREEMENT or otherwise
indemnify the CITY for the DEVELOPER'S failure to so do.
B. In lieu of a surety bond, the DEVELOPER may elect to
secure this AGREEMENT by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of Cupertino or,
3. A certificate of deposit, or instrument of credit
meeting the requirements of Government Code Section
66499 (b) or (c).
C. The amount of said cash, checks, certificate of deposit,
or instrument of credit shall be as designated by the City
Engineer, and shall be the equivalent to that which would have been
required had the DEVELOPER furnished the CITY with a surety bond.
In the event that the DEVELOPER shall fail faithfully to perform
the covenants and conditions of this AGREEMENT, or to make any
payment, or any dedication of land, or any improvements herein
required, the CITY may apply the proceeds of said security thereto.
D. No release of surety bond, cash deposit, check, or
certificate of deposit, shall be made except upon approval of the
City Council.
E. No interest shall be paid on any security deposited with
the CITY.
6. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all
necessary direct expenses for inspection, checking, etc., incurred
by CITY in connection with said Project, and that DEVELOPER shall
have deposited with CITY, prior to execution of this AGREEMENT, the
amount as set forth herein at Page 2 (Part C). Should construction
cost vary.materially from the estimate from which said sum is
calculated, the City Engineer shall notify DEVELOPER of any
additional sum due and owing as a result thereof.
7. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to
processing these improvements, the amount as set forth herein at
Page 2 (Part D).
Page 5
J 57SPAGE1391
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 the adopted Water Master Plan.
The DEVELOPER further stipulates that his share of costs under -
provisions of the unimproved street ordinance for the "San Juan
Water Main" shall be one half of the CITY costs along his frontage
and that said costs are outlined at Part K on Page 2 herein.
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
J 578PA-GE1.392
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 tc
install fire hydrants to serve said Project and stating that all
necessary fees have been deposited with said District to insure
installation and five (5) year rental fee of said hydrants.
17. STREET LIGHTING
It is further agreed that the DEVELOPER shall apply for the
installation of electric power for street lighting at the earliest
date possible.
Page 7
�S7SPAGE
j.��
18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH
It is further agreed that the DEVELOPER shall pay to Pacific
Gas and Electric Company and/or to Pacific Telephone and Telegraph
Company any and all fees required for installation of overhead
and/or underground wiring circuits to all electroliers within said
property and any and all fees required for undergrounding as
provided in Ordinance No. 331 of CITY when DEVELOPER is notified by
either the City Engineer or the Pacific Gas and Electric Company
and/or Pacific Teltphone and Telegraph Company that said fees are
due and payable.
19. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way
necessary for completion of the Project shall be acquired by the
DEVELOPER at his own cost and expense. 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
Page 8
J 57SPAGE1394 .
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 ore occurrence with an aggregate limit of not
less than $200,000.,
B. The DEVELOPER shall file with the City Engineer at or
prior to the time of execution of this AGREEMENT by the
DEVELOPER such evidence of said foregoing policy or policies of
insurance as shall be satisfactory to said City Engineer. Each
such policy or policies shall bear an endorsement precluding
the cancellation or reduction in coverage without giving the
City Engineer at least ten (10) days advance notice thereof.
C. In the event that the Project covered herein should be
mutually situated in or affect the area of jurisdiction of a
separate municipality or political subdivision of the State of
California, the policies of insurance required herein and above
shall co -name such municipality or political subdivision and
the provision set forth herein and above for the protection of
the CITY shall equally apply to municipality and political
subdivision.
22. MAPS AND/OR IMPROVEMENT PLANS
It is further agreed that the DEVELOPER shall furnish CITY with
the following maps and/or plans at his own expense:
A. A mylar sepia and seven (7) prints of fully executed
parcel maps.
B. A mylar sepia and thirteen (13) prints of fully executed
tract maps.
C. A mylar sepia and ten (10) prints of fully executed
improvement plans.
D. A direct duplicating silver negative microfilm aperature
card of all executed improvement plans and maps.
It is agreed that the sepia, prints and microfilm of maps will
be furnished within one month following recordation at the County
of Santa Clara.
It is also agreed that the sepia, prints and microfilm for
improvement plans will be furnished within one month following the
signing of the plans by the CITY.
23. DEFERMENT
It is further agreed that the DEVELOPER shall furnish,
construct and install at his own expense, either upon six (6)
Page 9
J5'78PaUE13J5
months notice from the CITY, in which event the Work must be
completed within one (1) year thereafter, or in the absence of such
notification, no later than five (5) years and six (6) months from
date of this AGREEMENT, the following improvements:
ALL STANDARD STREET IMPROVEMENTS AS REQUIRED BY THE DIRECTOR OF PUBLIC WORKS
ALONG FRONTAGE OR PROJECTED FRONTAGES.
ALL PUBLIC STREETS AND IMPROVEMENTS AS REQUIRED OR DIRECTED BY THE DIRECTOR
OF PUBLIC WORKS.
Until such notification is made by CITY, or such time has
elapsed, Sections numbered 2 through 22 excepting 9 et al, are
hereby deferred. The DEVELOPER further agrees to cooperate, upon
notice by the CITY, with other property owners, the CITY and other
public agencies to provide the improvements set forth herein under
a joint cooperative plan, including the formation of a local
improvement district, if this method is feasible to secure the
installation and construction of the improvements.
24. SUCCESSORS - RUN WITH LAND - A. P N.
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVELOPER. It is agreed and
understood that this AGREEMENT shall be filed for record in the
Office of the County Recorder of the County of Santa Clara, State
of California and that the covenants in this AGREEMENT shall run
with the land, a description of which is contained in Exhibit A
which is attached hereto and made a part hereof by reference, and
is for the benefit of the other lands in the City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto
affixed by its Mayor and City Clerk, thereunto duly authorized by
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
EXHIBITS "A" & "B"
Page 10
CITY O;FiJ I'tRtINO
� J
Ci
DEVELOPER:
t
Byd
^`
J
K:
EXHIBIT "A"
�78P46E�
e
That certain real property situated in the City of Cupertino, State of California,
more particularly described in the following:
Being those certain parcels of land delineated on that Map of Monta Vista first addition
filed for record @Vol. P of Maps, page 23, 1917, as SEctions 13, 14, and 15.
J 5 7 V f HU E 1 3 919 NQ. 201
State of On this the day of �, before me,
SS. V"�5--M&County L��C� p ,
L
the undersigned Notary Public, persona appeared
;� Cc
Wu
PIMCiAL S
❑ ersonally known to me
u ^"a r� pTkRY p`aUC ° �FURr+ proved to me on the basis of satisfactory evidence
CWNTI
;.. SANTA CLQ m o be the person(s) whose name(s)
subscribed to the
MY Commission ,rires Fe& `, 11163 wi4instment, and acknowledged that executed it.
Wy hand and offici seal.osgnature
7110 122 NATIONAL NOTARY ASSOCIATION ° 23012 Ventura Blvd. ° P.O. Box 4625 ° Woodland Hills, CA 91364
0
78 PAGE 1 0"9,v,