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80-004 Richard Childress developer of single family residences - Resos: 3339, 5247, 7244WHEREAS, the Developer has made application to the CITY for a Building Permit and is securing a building permit from CITY to construct and maintain a Single Family Residence hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit deferment of required development improve*nents in accordance with the provisions of this AGREEMENT, and WHEREAS, the Developer hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein, and WHEREAS, the Developer further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared, and WHEREAS, the Developer agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with conditions of development approval, and WHEREAS, pursuant to the provisions of this AGRELH-ENT, the CITY hereby establishes the amounts of Bond, Fees, and Deposit as set forth in the following scheduler me PLEASE RETURN TO: 6113922 CITY OF CUPERTINO NO FEE TO BE CHARGED IN 10?00 TORRE AVENUE ACCORDANCE WITH GOVERNMENT CUPERTINO, CALIFORNIA 95014 A G R E E M E N T CODE SECTION 6103 This AGREEMEVT made and entered into this 10th day of August , 1978 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Richard H. Childress and Verni(eM. Childress hereinafter designated ``fib � �� G) ' as Developer. D 8-9 l ;'�uE 1 % 5 W I T N E S S E T H WHEREAS, the Developer has made application to the CITY for a Building Permit and is securing a building permit from CITY to construct and maintain a Single Family Residence hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit deferment of required development improve*nents in accordance with the provisions of this AGREEMENT, and WHEREAS, the Developer hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein, and WHEREAS, the Developer further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared, and WHEREAS, the Developer agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with conditions of development approval, and WHEREAS, pursuant to the provisions of this AGRELH-ENT, the CITY hereby establishes the amounts of Bond, Fees, and Deposit as set forth in the following scheduler me SCHEDULE OF BOND, FEES, A:M DEPOSITS D 8971-'�-GE 1'76 PART A. Faithful. Performance Bond: fi rlaforraA PART B. Labor and Material Bond: PART C. Checking and Inspection Fee: PART D. Indirect City Expenses: P?RT E. Development Maintenance Deposit: $ " PART F. Storm Drainage Fee: S 940 PART G. One Year Power Cost: $ deferred PART H. Tree Fees: $ deferred NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO -WIT: 1. DEDICATION (a) The Developer offers to dedicate the real property shown on Exhbit "A', which is attached hereto and made a part hereof by reference. Said -2- I. Hap Checking Fee: "b N/A PART J. Park Fee: $ N/A PART K. Water Main Extension Deposit $ N/A NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO -WIT: 1. DEDICATION (a) The Developer offers to dedicate the real property shown on Exhbit "A', which is attached hereto and made a part hereof by reference. Said -2- D 837P!GE JL 77 dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall expressly waive in writing. The Developer agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts said offer by resolution. _ (b) Upon execution of this AGR=ENT the Developer agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The Developer shall provide, at the Developer's sole cost and expense, to the CITY: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication; said Preliminary Title Report shall be furnished prior to building permits ; (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of $ --- and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. (c) Upon the condition precedent that the Developer shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: (a) The Developer shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the Developer fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs, incurred thereby from the Developer or the Developer's surety or both. -3- D 85 7rAGE 1'78 (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. QUITCLAL`I DEED D 8571"aGE 179 It is further agreed that 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 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 ANM 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 AGREMIENT. 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 AGREE'iMNT 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:. -5- D 697'! G E 1ST (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 AGREIMNT, 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 AGREEMENT, for office checking of final map and field checking -f-- 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). D 8571,acE 181 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 .improv=men_ 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 LKTENSION 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 K, Page 2,. -shall be the full amount due. - 7 - D 89 7PAGE 182 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 workmanship and/or materials appearing in said Work. - 8 - D 897AGE 3.83 14. SANITARY DISTRICT It is further agreed that the Developer shall file with CIT`, 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. - 9 - - - -- - - - -- - - - - D 85 7►'AGE 164 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 oossible. 18. P.G.& E. LYD 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. ZASL-AENTS 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 HAaMLESS 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- - 10 - D 897,-,c�E 18,5 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. IN-SURA:VCE 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 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 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 Sr_ate of California, the policies of insurance required herein and above shall co -name such municipality or political sub- division and the provision set forth herein and above for the protection of the City of Cupertino shall equally apply to municipality and political sub- division. 22. Maintenance of Private RoadsfDriveways The Developer further agrees =that,hesshal1-3nstalla,arid--�msintAinaa_) private driveway on and along his property to service his and other lots in the area. Said driveway shall be to City standards and shall allow for emergency as well as private use. The Developer shall agree to grant access rights to properties in the area that use the road and are not serviced by a public roadway. He also agrees to sign a mutual maintenance agreement when presented to him.* 22a. Assessment District The Developer agrees to be a proponent for an Assessment District for road improvements on and along various City or private roads within the area. The participation shall be limited to the degree of benefit the parcel incurs from the district. * If within 90 days an agreement with neighbor is not reached, the Developer shall contact the City. -12- D 8571'! GE13/7 13 • S7J CC'TSSORS — RUN idITH L'1 M This AGRZZM= shall bind the heirs, administrators, executors, successors, assigns and transferees of Developer. It is agreed and understood that. this AGRZZM T 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 AGREySENT shall run with the land, a description of which is contained in Exhibit "B," 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. = WITNESS 14H=F, CITY has caused its name to be hereunto affixed by its City Engineer and City Manager, thereunto duly authorized by resolution of tha City Council and. said Developer has hereunto caused his name to be affixed (Individual) J STATE OF CALI(F�ORNIA SS. ICOUNTY OF On — — before me, the State, personally appeared i W K W I W J L to be the person S— whose name S subscribed to the within instrument and acknowledged that u'• executed the same. WITNESS my and and official seal.. Signature Name (Typed or Printed) D 89Y7 'QE 188 a Notary Public in and for acid known to me geeeunnnunuueuuuneeewlceeeamaueeannmi OFFICIAL SEAL JANET DE CARLI NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN THE COUNTY OF SANTA CLARA My Commission Expires February 8, 1980 MAltellllWe}er1Willa III elelCWAl9eeleelleeeeeeIel1NINNY -r - .A the day and year first above written. CITY OF CU 5.9 oo By (� t,,po-- 1-4c,oz.J © C#7-- "ngineer 043 LNj ocr a City Manager 3 o ww (Individual) J STATE OF CALI(F�ORNIA SS. ICOUNTY OF On — — before me, the State, personally appeared i W K W I W J L to be the person S— whose name S subscribed to the within instrument and acknowledged that u'• executed the same. WITNESS my and and official seal.. Signature Name (Typed or Printed) D 89Y7 'QE 188 a Notary Public in and for acid known to me geeeunnnunuueuuuneeewlceeeamaueeannmi OFFICIAL SEAL JANET DE CARLI NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN THE COUNTY OF SANTA CLARA My Commission Expires February 8, 1980 MAltellllWe}er1Willa III elelCWAl9eeleelleeeeeeIel1NINNY -r - .A D 857?AGE 189 Exhibit "A" All of that real property situate in the State of California, County of Santa Clara and City of Cupertino, more particularly described in the following: Various easements for public utilities as required in the City Master Plan. EXHIBIT B D 85 7�,a 190 ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE BEGINNING AT AN IRON PIPE SET AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 14.63 ACRE TRACT OF LAND tESCRIBED IN THE DEED F�O.M HERBERT W. REGNART, SR., ET UX, TO CECIL R. MAHON, ET UX, { DATED JUNE 2.3, 19118, RECORDED JULY 19, 1918 IN BOOK 1648 OFFICIAL. RECORDS, PAGE 269, SANTA CLAPA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING'SOUTH 890 34' WEST ALONG THE NORTHERLY LINE OF SAID 14.63 ACRE TRACT FOR A DISTANCE OF 191.28 FEET TO AN IRON PIPE SET AT THE EASTERNMOST CORNER OF THAT CERTAIN 0.23 ACRE TRACT OF LAND -DESCRIBED IN THE DEED FROM HERBERT W. REGNART, JP,., ET UX, TO CECIL H. MAHON ET UX, DATED DECEMBER 31, 1958, RECORDED MARCH 2, 1959'IN BOOK 4338 OFFICIAL RECORDS, PAGE 265 SANTA CLARA COUNTY RECORDS; THENCE NORTH 770 15' WEST ALONG THE NORTHEASTERLY LINE,OF SAID 0.23 ACRE TRACT FOR A DISTANCE OF 129.66 FEET TO AN IRON PIPE; THENCE LEAVING SAID LAST MENTIONED LINE AND RUNNING NORTH 311°38' EAST 135.92 FEET TO A 1/2 INCH IRON BAR SET IN THE CENTER LINE OF A ?10 FOOT EASEMENT, HEREINAFTER DESCRIBED'AS PARCEL TWO; THENCE FOLLOWING THE CENTER LINE OF SAID 40 FOOT EASEMENT FOR THE FOLLOWING COURSES AND DISTANCES: SOUTH 65° 44' EAST 45.45 FEET TO AN IRON PIPE; THENCE EASTERLY AND NORTHERLY ALONG AN ARC OF A CURVE TO THE LEFT, TANGENT TO THE PRECEDING COURSE, WITH A RADIUS OF 22.23 FEET, THROUGH A CENTRAL ANGLE OF 146° 49', FOR AN ARC DISTANCE OF 56.96 FEET TO A 1/2 INCH IRON BAR; THENCE NORTH 340 38' WEST 136.11 FEET TO AN IRON PIPE; THENCE NORTH 80 47' WEST 139.10 FEET TO AN IRON PIPE; THENCE NORTHERLY AND EASTERLY ALONG AN ARC OF A CURVE TO THE RIGHT,TANGENT TO THEW PRECEDING COURSE, WITH A RADIUS OF 16.00 FEET, THROUGH A CENTRAL ANGLE 11 OF 1320 05' FOR AN ARC DISTANCE OF 36.88 FEET TO AN IRON PIPE AND SOUTH 56° 42' EAST 85.01 FEET TO AN IRON PIPE WHICH BEARS NORTH 250 08' WEST FROM THE SAID POINT OF BEGINNING; THENCE SOUTH 250 08' EAST 409.98 FEET TO THE POINT OF -BEG -INNING- D 89` AGE 191 RESOLUTION NO. 3339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE MINOR IMPROVEMENT AGREEMENTS NOT INVOLVING LOT SPLITS WHEREAS, the present policy of the City requires builders and develop- ers to enter into an agreement executed and approved by the City Council covering City improvement requirements; and WHEREAS, many such agreements involve minor improvements not requir- ing lot splits; and WHEREAS, the conditions precedent to issuance of a building permit under the terms of the Unimproved Street Ordinance cover the requirements for said improvements; and WHEREAS, it would be to the benefit of property owners, developers, and the City to eliminate the need for scheduling of agenda items which may necessitate delays in implementation of projects; and WHEREAS, the City Attorney has rendered the opinion that the policy of approving such minor improvements may be adjusted to allow the City Manager the authority to enter into agreements on behalf of the City which stipulate the necessary requirements; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ap- prove the policy authorizing the City Manager to execute minor improvement agreements not involving lot splits in accordance with the conditions out- lined in the Unimproved Street Ordinance No. 546. All minor improvement agreements executed by the City Manager shall be reported to the City Coun- cil at its next meeting. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 5th day of Se-ptember 1972, by the following vote: AYES: Councilmen - Irwin, Jackson, Meyers, Sparks, Frplith' NOES: Councilmen - None THI5 IS ,TO CERTIFY,THAT THE WITHIN INSTRLLME4#F'PS ATPUE AND CORRECT COPY ABSENT: Councilmen - None ❑F. T,HE 0RIGINAL ON-,FIL-E• IN THIS OFFICE. ` ATTEST;__ TTEST ATTEST: APPROVED: CIiY cr�I*R F TI E CITY ti Y O PERTINO BY '01TY ARK /s/ Wm. E. Ryder /s/ Donald A. Frolich R �' City Clerk Mayor, City of Cupertino RESOLUTION NO. 5247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL.. MAP AND IMPROVEMENT PLANS OF TRACT NO. 6634 LOCATED AT THE WESTERLY TERMINUS OF REGNART ROAD; DEVELOPER, R. CHILDRESS; 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. 6634 located at the westerly terminus of Regnart Road showing certain avenues, drives, places and roads by R. Childress; and WHEREAS, there has been presented to the City Council a proposed agree- ment for the construction of streets, curbs and gutters, and for other im- provements, 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 6634, 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 said final map. d. The City Engineer is hereby authorized to sign the improvement plans. 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 on the 3rd day of March__, 1980 by the following vote: Vote Members of the City Council AYES: Jackson, O'Keefe, Rogers, Meyers NOES: None ABSENT: Sparks ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius City Clerk /s/ Robert W. Meyers Mayor, City of Cupertino Resolution No. 5247 EXHIBIT "A" OCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT Tract No. 6634 R. Childress LOCATION Westerly terminus of Regnart Road Faithful Performance Bond: S '850.000.00 Labor and Material Bond: $ 850.000.00 Checking and Inspection Fee: $ $ 2,000.00 Indirect City Expenses: $ $ 300.00 Map Filing Fee: $ $ 112.00 Development Maintenance Deposit $ $ 340.00 Storm Drainage Fee: S $ 5,640.00 One Year Power Cost: c Tree Fees: $ by Developer I Park. Fees: S $ 2,592.00 Nater Main Extension Deposit $ N/A A G R E E M E N T This AGREEMENT, made and entered into this L L ih day of 19`,(';, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Mr. R. Childress , hereinafter designated as Developer. W I T N E S S E T H WHEREAS, said Developer desires to subdivide certain land within said City of Cupertino in accordance with the map heretofore files with the City Council of the City of Cupertino, marked and designated Tract 6634 and Cupertino, California, hereinafter designated as "the Tract" WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, said Developer desires to construct dwellings on the lots in said "Tract" and WHEREAS, CITY hereby approves the improvement plans and specifications pre- pared for the Tract by Jennings, McDermott, Heiss, Incorporated 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 improve- ment 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 -1- establishes the ,amount of bond, fees and deposit as set forth in the foilocaing schedule: NOW, THEREFORE, IT IS HEREBY 'MUTUALLY AGREED by and between the parties hereto as follows, TO TWIT: 1. INST_ULATION OF WORK It is agreed that in consideration of the approval of said nap and the acceptance on behalf of the public of the courts, drives and roads offered for Cadicacion, (a) The Developer shall install and complete the Mork within one (l) - 2 - SCHEDULE OF BONDS, FEES :iND DEPOSITS Part A. Faithful Performance Bond: $ $50,000.00 Part B. Labor and Material Bond: S 850 000.00 Part C. Checking and Inspection Fee: S $ 2,000.00 Part D. Indirect City Expenses: $ $ 300.00 Part .. '?ap Filing Fee: $ $ 112.00 Part =. Development Haintenance Deposit $ $ 340.00 Part G. Storm Drainage Fee: S $ 5,640.00 Part H. One Year Power Cost: $ ` Part I. Tree Fees: $ by Developer Part J. Park Fees: $ $ 2,592.00 Part K. Water 'Main Extension Deposit $ N/A NOW, THEREFORE, IT IS HEREBY 'MUTUALLY AGREED by and between the parties hereto as follows, TO TWIT: 1. INST_ULATION OF WORK It is agreed that in consideration of the approval of said nap and the acceptance on behalf of the public of the courts, drives and roads offered for Cadicacion, (a) The Developer shall install and complete the Mork within one (l) - 2 - 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 work- manlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be made under the inspection and with the approval of the City Engineer. The Work shall be done in accordance with existing ordin- ances 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 :fork 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, specification, 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 Highways, State of California, dated Jan. 19713, and in accordance with the specifications 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 -3- 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 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. 3. QUITCLAIM DEED - UNDERGROUND WATER RIGHTS It is further agreed that Developer shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said "Tract" and Developer agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 4. BONDS It is further agreed that prior to, or concurrent with, the execution of this AGREEMENT, the Developer shall execute and deliver to the City Engineer a fai thful performance bond running to the CITY, as obligee, and a labor and material bond running to the CITY and to all contractors, subcontractors, laborers material men and other persons referred to in Chapter 2, Title 4, Part 3 of the Code of Civil Procedure of the State of California, as obligees, said performance and labor and materials bonds shall each be in the amount as established in the Schedule of Bonds, Fees, and Deposit as set forth herein at Page 2 (Parts A c9 3) and shall conform with the provisions of Resolution 1591 of the City Council of Cupertino. Said bonds shall be in a form acceptable to the City Engineer a.^d shall be approved by him prior to or concurrent with the execution of this acree- meat by the CITY. Z41 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 "Tract," 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 expenses allocable to processing this improvement, the amount as set forth herein at Page 2 (Part D). 7. 'KAP 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 check- ing 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 E). 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 co=lete the required repairs to the entire satisfaction of the CITY, the unused 'balance will be returned after the release of the improvement bonds. -5- 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 G). 10. ONE YEAR POWER COST It is further agreed that the Developer shall pay to the 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. 11. FEES FOR THE INSTALLATION OF STREET TREES . It is further agreed that the CITY shall, at such time as deemed appro- priate by the City Engineer., plant and maintain street trees in conformance 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 AGRE—E`=- , the amount as set forth herein at Page 2 (Part I), 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 (a) for a period of one (1) year after acceptance of the Work by the City Council of 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 ffl! 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 AGREE.MNT with the said District to install sanitary sewers to serve all lots within said "Tract" 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 No. 13 above, have 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 2 of the Business and Professions 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 "Tract" and stating that all necessary fees have been deposited with said District to insure install- ation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING - P.G.&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. CD 18. P.G.&E. AND 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 recuired for installation of overhead and/or underground wiring circuits to all electroliers within said "Tract" and any and all fees required for under -rounding as provided in Ordinance i'Io. 331 of CITY ;when Developer is notified by either the IWO 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 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 `Mork or the negligence or willfull 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 CIT`_' individually and collectively, as insured. Said -8- separate policy shall provide bodily injury and property damage coverage to tae foregoing named CITY and indi-ri.duals covering all the Work performed by, for, or on behalf of said Developer. Both bodily injury and prcperty damage i:.surance must be on an occurrence basis; and said policy or polices shall provide that the coverage afforded thereby shall be primary coverage to the full 1i.t of Lability stated in the declarations, and if the CITY, its membersof tine City Council, individually and collectively, and the officers, agents, and employees of the CITY, indi•ridually and collectively, have other insurance against tie loss covered bar said policy or policies, that other insurance stall be ::cess ins u_ ,ice only . (a) Each of said policies of insurance shall provide coverage in the follcwimg minimum amounts: far bodily injury, $100,000 each person; $300,000 each occurrence; property damage, S50,000 on account of any one occurrence with an aggregate 11.t of not less than $200,000. Co) The Developer shall file wi t`1 the City Engineer at or prior to tae t--;-r.- of ;me of execution of this ?GREE.:IT by the Developer such evidence of said for_gcing policy or policies of insurance as shall be satisfactory to said City Enzineer. Each such policy or policies shall 'Dear am 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 mutua iv situated in or affect the area of jurisdiction of a separate municipality, or poli_icalsub- dirision of the State of Cal ifor _iia, tie policies of insurance required herein and above shall cc -name such manicipa_.ity or political subdivision and the ;Torsion set for_h herain and above for ti.e protection of the Cit? of Cupertino equally apply, to municipality and political subdivision. - 9 - 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 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 K, Page 2, shall be the full amount due. 23. 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 AGRy=NT' shall not be made without approval by the City Council of said CITY. IN WITNESS WZEREOF, said 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 affi=xed the day and year first above written. Approved as to form: zzz / 11 J/� Attorn y - 10 - CITY OF CLTPERTINO By �2Gj Mayor,- By�2- City Clerk DEVELOPER: STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) < On 19 ,U, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. WITNESS my hand and official -seal. OFFICIAL SEAL DEBORAH L CHILDRESS �'�_ - ,s-1 `C`C r_� a m NOTARY PUBLIC - CALIFORNIA Notary Public in and for the County SANTA CLARA COUNTY of Santa Clara, State of California My comm. expires AUG 5, 1983 _��--------------- ----------- ---- --�--- i� I�—=— — I_,_I r r= ------------- CORPORATION ACKNOWLEXEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On , 19 , before me, the undersigned, a Notary Public in and for the said State, personally appeared , known to me to be the of , the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California RESOLUTION NO. 7244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 8018, CUPERTINO CLASSICS LOCATED ON IMPERIAL AVENUE DEVELOPER, DEBCOR 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. 8018, Cupertino Classics located on Imperial Avenue showing certain avenues, drives, places, and roads by DEBCOR; 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 8018, 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 said final map. d. The City Engineer is hereby authorized to sign the improvement plans. 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 Council of the City of Cupertino on the 6th day of July 1987, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk Resolution No. 7244 APPROVE: /s/ W. Reed Sparks Mayor, City of Cupertino Resolution No. 7244 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS TRACT NO. 8018, CUPERTINO CLASSICS DEBCOR IMPERIAL AVENUE A. Faithful Performance Bond: $207,000.00 TWO HUNDRED SEVEN THOUSAND AND N0/100 DOLLARS B. Labor and Material Bond: $207,000.00 TWO HUNDRED SEVEN THOUSAND AND N0/100 DOLLARS C. Checking and Inspection Fee: $ 10,350.00 TEN THOUSAND THREE HUNDRED FIFTY AND N0/100 DOLLARS D. Indirect City Expenses: $ 1,550.00 ONE THOUSAND FIVE HUNDRED FIFTY AND N0/100 DOLLARS E. Map Filing Fee: $ 144.00 ONE HUNDRED FORTY FOUR AND N0/100 DOLLARS F. Development Maintenance Deposit: $ 3,000.00 THREE THOUSAND AND N0/100 DOLLARS G. Storm Drainage Fee: $ 6,618.00 SIX THOUSAND SIX HUNDRED EIGHTEEN AND NO/100 DOLLARS H. One Year Power Cost: $ 144.00 ONE HUNDRED FORTY FOUR AND NO/100 DOLLARS I. Street Trees: By Developer J. Park Fee: Zone $100,980.00 ONE HUNDRED THOUSAND NINE HUNDRED EIGHTY AND N0/100 DOLLARS K. Water Main Extension Deposit: $ 2,192.00 TWO THOUSAND ONE HUNDRED NINETY TWO AND NO/100 DOLLARS L. Maps and/or Improvement Plans: By Developer M. Barricade on Imperial $ 1,000.00 ONE THOUSAND AND N0/100 DOLLARS TRACT AGRE EME NT Tract No. 8018/Cupertino Classics, Imperial Avenue This AGREEMENT, made and entered into this 7th day of July , 19 87 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and DEBCOR hereinafter designated 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 City of Cupertino, marked and designated as Tract 8018/CUPERTINO CLASSICS Cupertino, California, hereinafter designated 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 Civil Engineering Associates , 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." Page 1 WiMREAS, pursuant to the provisions of this AGREEMErI'I', the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: PART A. Faithful Performance Bond: $207,000.00 TWO HUNDRED SEVEN THOUSAND AND N0/100 DOLLARS PART B. Labor and Material Bond: 207,000.00 TWO HUNDRED SEVEN THOUSAND AND NO/100 DOLLARS PART C. Checking and Inspection Fee: 10,350.00 TEN THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS PART D. Indirect City Expenses: 1,550.00 ONE THOUSAND FIVE HUNDRED FIFTY AND N0/100 DOLLARS PART E. Map Filing Fee: 144.00 ONE HUNDRED FORTY FOUR AND N0/100 DOLLARS PART F. Development Maintenance Deposit: 3,000.00 THREE THOUSAND AND N0/100 DOLLARS PART G. Storm Drainage Fee: 6,618.00 SIX THOUSAND SIX HUNDRED EIGHTEEN AND NO/100 DOLLARS PART H. One Year Power Cost: 144.00 ONE HUNDRED FORTY FOUR AND NO/100 DOLLARS PART I. Street Trees: BY DEVELOPER PART J. Park Fee: Zone 100,980.00 ONE HUNDRED THOUSAND NINE HUNDRED EIGHTY AND NO/100 DOLLARS PART K. Water Main Extension Deposit: 2,192.00 TWO THOUSAND ONE HUNDRED NINETY TWO AND NO/100 DOLLARS PART L. Maps and/or Improvement Plans: By DEVELOPER PART M. BARRICADE ON IMPERIAL 1,000.00 ONE THOUSAND AND NO/100 DOLLARS 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 AGREEME1,1T, 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 autho- rized 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 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. 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 lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. A. Upon the execution of this 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 stun due and owing as a result thereof. b l•OR �►�- 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 FILLING 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 E). It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREE�, the amount set forth herein at Page 2 (Part F) 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 G). 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. 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 5 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. 12-A. PARK FEE ADJUSTMENT PROVISIONS The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires formal confirmation. The Developer shall employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" based on the appraisal. The Developer agrees to pay for any deficiency within thirty (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 13. MAINITNANCE 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. 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. Page 6 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 BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC BELL 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 BELL that said fees are due and payable. 19. EASE=NTS 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 stun shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 20. HOLD HARPLESS 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. 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 Page 7 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 2 shall be the full amount due. It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and thirteen (13) prints of fully executed tract map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. Page 8 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: V,-'� City Attorney STATE OF CALIFORNIA ss. COUNTY OF. CITY OF CUPERTINO: Mayor ��ricv City Clerk •-a- On this .....!.0 th ....... day of .....1. u n•Q• .... • ................. . in the year 1987 • ................. . before me, •L�, ehorah , ,C,.• . • Bon f L- e•L d• ...... • , a Notary Public, State of California, duly licensed and sworn, personally appeared .. - -.-.— - -• -•- • - - Ri;chard•.H.,..Qh.L.Ldres.s... --7.-.-.--7.7.7,--7.-.—.:-.-.-.-- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as .Pres i,d,ent, • • . • , . or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in thest.aie of CaL i.f . County of Santa CL ara on the to set forth above in this certificate. This document is only a general form which may be proper for use in simple . .................. .......... transactions and in no way acts, or is intended to act, as a substitute for the advice of an attorney. The printer 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. ary Public, State of California Cowdery's Form No. 28 — Acknowledgement to Notary Public —25-87 M commission fires – 2 5 – 8 7 Corporation (C. C. Secs. 1190-1190.1) — (Rev. 1/83) Y expires OFFICIAL SEAL ry`�d*a DEBORAH C BONFIELD NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY KrfORNP My comm. expires SEP 25, 1987 CITY OF CUPERTINO: Mayor ��ricv City Clerk •-a- On this .....!.0 th ....... day of .....1. u n•Q• .... • ................. . in the year 1987 • ................. . before me, •L�, ehorah , ,C,.• . • Bon f L- e•L d• ...... • , a Notary Public, State of California, duly licensed and sworn, personally appeared .. - -.-.— - -• -•- • - - Ri;chard•.H.,..Qh.L.Ldres.s... --7.-.-.--7.7.7,--7.-.—.:-.-.-.-- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as .Pres i,d,ent, • • . • , . or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in thest.aie of CaL i.f . County of Santa CL ara on the to set forth above in this certificate. This document is only a general form which may be proper for use in simple . .................. .......... transactions and in no way acts, or is intended to act, as a substitute for the advice of an attorney. The printer 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. ary Public, State of California Cowdery's Form No. 28 — Acknowledgement to Notary Public —25-87 M commission fires – 2 5 – 8 7 Corporation (C. C. Secs. 1190-1190.1) — (Rev. 1/83) Y expires