80-005 Mildred Shelton Improvement agreement for single family residence Reso 33391aETUIRN TO CITY +� ��c.7u�! l 1
-OF C-UPT,f-TINO NO FEE tN
10300 '1'C�F:FiE AVE. MillACCOROA,NCIM
�CLIPER INO, CA95014 A G Z E E M E N T � 60V CODC 61.03
E 984 x!::299.
This yG1',EE:•1E-_4T made and entered into this 31st day of
October , 19 79 by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter designated as CITY, and
MILDOD SHELTON
hereinafter designated as Developer.
W I T N E S S E T H
'tiHEEEAS, the Developer has made application to the CITY for a
BUILDING PERMIT
and is securing a buildinu per -mit from CITY to construct and ^aintain a
SINGLE FAMILY RESIDENCE
hereinafter referred to as "Project."
=r S, the CITY hereby agrees to permit deferment of required development
improvements in accordance with the provisions of this _-V'�75"EE1E'NT, and
,,=R.EAS, 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
.1,HEHEAS, the Developer further agrees to perform at his sole cost all the
;cork necessary to complete installation of those improvements which will be
required in accordance with those plans to be prepared, and
vHERE�S, the Developer agrees to provide bonds, cash payments, or other
guarantees as outlined herein to assure compliance :with conditions of development
approval, and
IHERE'S, pursuant to the provisions of this 1:1-::;T, --he ',ereb:-
establishes the amounts of Bond, -ees, and Deposit as set =orth in the following
schedule:
SCHEDULE OF 301',iD, FEES,
AND DEPOSITS
L L� 984 't_.300
PART
A.
='aithf ul Performance 3ond:
$
DEFERRED
Pa-RT
3.
Labor and Material 3ond:
S
�
0
PART
C.
Checking and Inspection Fee:
$
��
??RT
D.
Indirect City Expenses:
$
"
PART
E.
Development Maintenance Deposit:
S
"
?LRT
r-.
Storm Drainage Fee:
S
293.00
?ART
G.
One Year Pewer Cost:
$
DEFERRED
1
PA-RT
H.
Tree Fees:
S
"
?LRT
I.
Map Checking.Fee:
S
?SRT
J.
Park Fee:
S
N/A
PART
K.
Water Main Extension Deposit
$
400.00
i
NOW,
THEREFORE, IT T_S =,R---BY `UTtiALLY AGREED by and
bez-. een rhe parties
';e_a::o
as followS,
TO-WIT:
1.
DEDICATION
(a) T}:e Develcper offers to dedicate
the real
propert-7 shown on
Etitbit
"A", -,7h-!.ch is attac ed ,ereto and made a
?art hereof
by reference. Said
E 984 P!.E 3C1
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 AGREE-4ENT 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 DEDICATION
(2) A standard policy of title insurance issued by a title insurance
company and insuring the CITY in the sum of $ N/A and
which shall show said property free and clear of all liens or encumbrances
except those as the CITY shall expressly waive in writing; said policy
shall be furnished at the time of acceptance of dedication and recordation
of deed.
(c) Upon the condition precedent that the Developer shall perform each
and every covenant and condition of this AGREEMENT, the CITY agrees to accept said
real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
(a) The Developer shall install and complete the Work within one (1)
year from the date of execution of this AGREEAENT, 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 anv and all costs incurred thereby from the Developer or the
Developer's surety or both.
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(b) The Developer shall install and ccmplete 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 7 -he
sur=ace 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. OUITCL-�E! DEED
E 984 a! :3C3
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 Nater 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 sigiaature.
5. BONDS AILM OTHER SECURITY
(a) Upon the execution of this 3GREr<?ENT, the Developer shall file :with
the CITY a faithful performance bond to assure his full and faithful oerforaance
of this AGREF24ENT. The oenal sum of said faithful performance bond shall be the
full cost of any payment to be made under this AGREIE:v'T, the value of any land
agreed to be dedicated, and any improvements to be made under this AG_Z=1ENT. In
the event that i-inDrovements are to be made under this AGREEEIENT, the Developer
shall, in addition to said faithful perfdrmance, 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
:rust be approved by the City :attorney as to form and by the City Eng__.eer as to
sufficiency. In the event that the Developer shall fail faithfully to oerform 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-1ENT or otherwise indemnifv the CITY for the DeveloDer's
failure to do so.
(b) In lieu of a surety bond, the Developer may elect to secure this
AgU=4ENT by depositing -with the CIT`_':
.z ;
(1) Cash; or,
E 984 3C'4
(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 AGREEti1ENT, the amount as set forth herein at Page 2 (Part C). Should con-
struction cost vary materially from the estimate from whic1ti said sum is calculated,
the City Engineer shall notify Developer of any additional sum due and owing as a
i�
result thereof.
7. INDIRECT EXPENSES
It is further agreed --hat Developer shall pay to CITY, prior to execution
of this AGREE-MENT, indirect expense allocable to processing tzese improvements,
the amount as set forth herein at Page 2 (Part D).
7A. _Lam -.:T7 TNG t �E
it is =ur_her agreed tat to Developer shall deposit with CITY, prior
to execution of tris AGREE.-�NT, =or of_ice checking of final map and field Lneck-ng
-6-
of street monur.ents, in c.) -=fiance wiz:h Section � :1 of Ordinance No. =,
(Revised 12/4/61) of CITY, the amount as set forth herein at Page 2
(Part I) .
3. DEVELOPHEIN7 Y41tiTENANCE DEPOSIT E 984 3 C 5
It is further agreed that the Developer shall pay to the CITY,
prior to execution of this AGRE.-E--qENT, the amount set forth herein at Page 2
s
(Part E) as a development maintenance deposit to insure proper dust control
and cleaning during the construction period. ine 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 AGRELMIE1T, 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
:seeded to implement improvements outlined by the Director of Public Works or
improvements outlined within an adopted .a ter `taster Plan.
The amount shown herein at Park K, Page 2, shall be the full amount due.
- 7 -
E 984 3CG
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
0
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.
E 984 3Ci7
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. GOVERMENT CODE
It is further agreed that Developer shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 66A93, 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 f
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 -
17. STREET LIGHTING
E 984 3i;8
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. ASVD P.T.& T.
It is further agreed that the Developer shall pay to Pacific Gas and
s
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. Z>SEL` 24TS AND RIGHT-OF-tdAY
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 do -main 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 7.av
require shall be deposited with CITY.
20. HOLD tL RMLESS
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 dei end
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 -
E 984 3C9
mance or nonperformance of the ';'ork or the negli_ence or willful misconduct of
the Developer or the Developer`s agents, employees and independent contractors.
21. IVSUR-AiNCE
It is further agreed that: The Developer shall take out, or shall require
anv 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 reauired 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
separate policy shall provide bodily injury and property damage coverage to the
fore?oing named CITY and individuals covering all the ':ork performed by, for, or
on oehalf of said Developer. 3oth bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide that the
Coveraae 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 -Dolicies of insurance shall provide coverage in the
following minimum amountsc for bodily injury, $100,000 each person; 5300,000 each
occurrence; property damage, $50,000 on account of any one occurrence :with an
a;�reqate -H--it of not less than S200,000.
(b) The Developer shall file with the City Engineer at or Drior to the
time of execution of this 'CZEE4ENT by the D-eveloper such evidence of said =oreszoino
?oli cv or ooli cies of insurance as shall be satisfactor-. to said City Engineer.
Each such policy or policies shall bear an endorse=ent 2recludincy the cancellation
or reduction in coverage :without giving the City Engi_.eer at least !0 days advance
notice thereof.
(C) iII the event hat �:e project covered :er2':1 should Je --utuall_r
E ,984 P!:.E 310
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 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.
2-9. DEFERMENT
s
It is further agreed that the Developer shall furnish, construct and
install at his own expense, either upon six (6) 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 AGREEMEidT, the following improvements:
ASPHALT STREETS, CONCRETE CURB AND GUTTER, STORM DRAINS AND
APPURTENANCES AS REQUIRED BY THE DIRECTOR OF PUBLIC WORKS.
Until such notification is made by CITY, or such time has elapsed,
Sections numbered 2 THROUGH 21, EXCEPTING 9
are hereby deferred. The Developer further agrees to cooperate, upon notice
by the CITY, with other property owners, the CITY and Ether 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.
12 -
23. SUCCESSORS - RUN WITH LAND
E 984 311
This AGREEMENT shall bind the heirs, administrkLtors, 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 " ," which is attached hereto and made a part hereof
by reference, and are for the benefit of the other lands in the City of
Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its City Engineer and City Manager, 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.
Acknowledgements and Exhibit(s)
CITY OF CU
DEVELOPER
Ci.Ey,Manager
E 984 P!. 299
By
attached.
E110 -140T
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6.
i
I --
r
rt
i 11 -Ti
Ti_
E 984 P!:� 312
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On 19':�Y, 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.
I
WITNESS my hand and official seal.
OFFICIAL SEAL
Barbara J. Shreve
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN THE
COUNTY OF SANTA CLARA
My Commission Expires June 10, 1983
o ..�,.ro�xuaem.,w?d_^.P„a� „o,-?ns++.�F•,.r�.x'cee�°"i4r ,
:Votary Public in an for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
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
- 14 -
EXHIBIT "A"
E 9s :)i,-- �iiJr
A strip of land 10' in width, measured at right angles, said strip being
easterly 10' of that certain parcel of land designated as Lot 82 on the
Map entitled "Map of Las Palmas, Monta Vista" recorded on April 11, 1917
in Book D of Maps at page 17.
EXHIBIT "B"
All of Lot 82 as said lot is shown on that certain map entitled, "Map of
Las Palmas, Monta Vista" said map filed for record in the office of the
Recorder of the County of Santa Clara, State of California, on April 11,
1917 in Book D of Maps at page 17.
RESOLUTION NO. 3339
E 984 P!�' 314
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 ARID ADOPTED at a regular meeting of the City Council of the City
of Cupertino on the 5th day ofSept ember 1972, by the following vote:
AYES: Councilmen - Irwin, Jackson, Meyers, Sparks, Frolich
NOES: Councilmen - None
"Is. IS <TCl CERTIFY TFfAT TIJE V1 ITHIN
IN "RUIvIENT 15 ATRLIE AND -CORRECT CC7py
ABSENT: Councilmen - None OF THE'P I'GI,NAL ON FILE IN CHIS OFFICE.
r,
ATT. v
ATTEST: APPROVED: �^
CITY bLE THE,. CITY OF c "i IN
-/l ..
/s/ Wm. E. Ryder
City Clerk
9Y
•G;TY 11''E�K
/s/ Donald A. Frolich
Mayor, City of Cupertino