80-008 Peter J. and Susan J. Fitchen Minor improvement agreement for single family residence Reso 3339�waie a
,/D o� �``:SrGREE`4ENTa�t
apo`-------
a� C
This AGREMIENT made and entered into this 19th day ofF 74 �" 3s4
December , 19 79 by and between the CITY OF CUPERTINO , a municipal
corporation of the State of California, hereinafter designated as CITY, 'and
Peter J. Fitchen and Susan J. Fitchen
hereinafter designated as Developer. a'
W I T Y E S S E T H
IN-HEREdS, the Developer has made application to the CITY for a
s
fr.
Building Permit
and is securing a building permit from CITY to construct and maintain a
Single Family Residence ,
hereinafter referred to as "Project."
WH=EAS, the CITY hereby agrees to permit deferment of required development
improvements in accordance with the provisions of this AGRZIMMITT, and
WHEMA-S, 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
W-EF.REAS, 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
WH=EAS, the Developer agrees to provide bonds, cash payments, or other
guarantees as outlined herein to assure compliance with conditions of development
approval, and
WHEMkS, pursuant to the provisions of this AGP-I=T, the CITY hereby
establishes the amounts of Bond, sees, and Deposit is set forth in the following
schedules
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SC�U? OF 3OriD, F��S, :�_iD DF_''OSITS F 74'''•' 385
-'- = �• Fait-hfll ?er`ornance Bond: Deferred
? UT B. Labor and `..a caria?, 3c—ad:
5 Deferred
PART C. Checking and Inspection Fee: $ Deferred
?ART D. Indirect Cit? Zxp eases :
$ Deferred
P= c. Development Y-a,t=mace Deposit: $ Deferred
PART i. Stora Drainage Tee:
5 247.00
One Year Power Cost:Deferred
5
DLT y, Tree Fees: by Developer $ By Devel over
?ART I. Yap Check -Jag Fee: g N/A
P?�T J . Par;{ Fee:
$ N/A
PART K. Water Main Extension Deposit $ 800.00
`TOW, IT i5 M—= M=UALLY AG-ZO by and bet7, een the :arties er_to
as '.01IOWs, TO—VIT:
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1. INSTULATION OF WORK
It is further agreed that:
F 74 P! � - 386
(a) The Developer shall install and complete the Work within one (1)
pear from the date of execution of this AGRZZ,=-, or such longer period as may
be specifically authorized in writing by the City Engineer. In the evert 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 CIfi'i ma, recover any and all costs incurred thereby fzom the Developer or the
Developer's surety or both.
(b) The Developer shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the City Engineer
of Cupertino. The Work shall be done 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 ref erring to the City of Cupertino;
also wherever the "Director" or "Director of Public Works" is mentioned, it shall
be considered as ref erring to the City Engineer.
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F 74 ? ! 387
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.
2. 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.
3. OUITCLAIM DEED
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.
4. BONDS AND OT=. SECURITY
(a) Upon the execution of this AG1=77=4T, the Developer shall file with
the CITY a faithful performance bond to assure his full and faithful aerformance
of this AGREM'IENT. The penal sum of said faithful performance bond shall be the
full cost of any payment to be made under this AG_�EZIE7T, the value of any lard
agreed to be dedicated, and any improvements to be made under this AGREMIENT. In
the event that improvements are to be made under this AGRSEK.L2ENT, the Develo-oer
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
MIC
F '74 E 388
be as desigmated 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 AGREEIE'NT, or to make any ca,
rment, or any dedica-
tion of land, or any improvements herein required, the CITY shall call on the
surety to perform this AGREMIE.`iT or otherwise indemnif? the CITY for the Develouer's
failure to do so.
(b) In lieu of a surety bond, the Developer may elect to secure this
AGRE=T by depositing with the CITY:
(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 AGREMEHENT, 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.
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5. CHETKING AND INSPECTION FEE
F 74 pi 389
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 AGREEtiLE , 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 .
6. INDIRECT EXPENSES
It is further agreed that Developer shall pay to CITY, prior to execution
of this AGREEMENT, indirect expense allocable to processing these improvements,
the amount as set forth herein at Page 2 (Part D) .
6A. L`'IAP FILING FEE
It is further agreed that the Developer shall deposit with CITY, prior
to execution of this AGREEK•JENT, for office checking of final map and field checking
of street monuments, in compliance wit: Section 4:1 of Ordinance No. 47
(Revised 12/4/61) of CITY, the amount as set forth herein at Page 2
(Part I) .
7. DEVELOPIMNT `•LAINTENANCE DEPOSIT
It is further agreed that the Developer shall pay to the CITY,
prior to execution of this AGREZ!ENT, 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 wo 6:manship 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.
F 74 390
8A. STORM DRAIVAGE FI
It is further agreed that the Developer shall deposit w-ith the
CITY, prior to execution of this AGRELHENT, 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) .
8B. WATER MAIN E.KTENSION 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.
9. ONE YEAR POWER COST
It is further agreed that the Developer shall pay to CITY prior
to execution of this AGREEMF-NT, the amount as set forth herein at Page 2
(Part G), which amount represents the power cost for street lights for one
year.
10. FEES FOR THE INST_ULATION 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 AGREZ"'4ENT, 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 $13.00 per tree.
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11. PARK FEES F 74 Pt�.391
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. 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. Thee 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.
13. 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 AGREL"IENT
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 12 above has been filed.
14. 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 Grith..
UO
15. CENTRAI. FIRE DISTRICT F 74 392
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 AGREE1 ITT 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.
16. STREET LIGHTI_dG
It is further agreed that the Developer shall apply for the installat_on
of electric power for street lighting at the earliest date possible.
17. 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 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.
lg . EASEMENTS ?.ND 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.
19. HOLD NARMLESS
F 74 ?!::393
It is further agreed that, commencing with the performance of the Work
by the Developer or his contractor and continuing until the completion of the
maintenance of the Work, the Developer shall indemnify, hold harmless and defend
the CITY from and against any or all loss, cost, expense, damage or liability,
or claim thereof, occasioned by or in any way whatsoever arising out of the perfor-
mance or nonperformance of the Work or the negligence or willful misconduct of
the Developer or the Developer's agents, employees and independent contractors.
20. INSi7-3, 7CE
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 CI'T'Y, 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
Z
ollowing minimum amounts, for bodily injury, $100,000 each person. S300,000 each
occurrence; property damage, $50,000 on account of any one occurrence ;with an
aggregate limit of not less than $200,000.
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F 74 P!�. 394
(b) The Developer shall file with the City Engineer at or prior to the
time of execution of this AGRELMEiT 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 State of California, the policies of insurance required
herein and above shall cc -name such municipality or political subdivision and the
provision set forth herein and above for the protection of the City of Cuaertin0
shall equally apply to municipality and political subdivision.
21. SUCCESSORS
This AGRZ=TT shall bind the heirs, administrators, executors, successors,
assigns and transferees of Developer. The assigfent of this AG1U----,wshall act
be made without approval by the City Council of CITY.
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F '74 395
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.
22. DEFERMENT
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 (S) years and six (6)
months from date of this AGREEMENT, the following improvements:
Asphalt concrete, base rock, concrete curb and gutter,, storm drains
and appurtenances as required by the Director of Public Works (excepting
water main improvements).
Until such notification is made by CITY, or such time has elapsed,
Sections numbered 2-22 (excepting 9)
are hereby deferred. The Developer further agrees to cooperate, upon notice
by the CITY, with other property owners, the CITY and other public agencies to
provide the improvements set forth herein under a joint cooperative plan,
including the formation of a local improvement district, if this method is
feasible to secure the installation and construction of the improvements.
F 74 ?. C 396
23. SUCCESSORS - RUN WITH LAND
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of Developer. It is agreed and understood
that this AGREEMENT shall be filed for record in the Office of the County
Recorder of the County of Santa Clara, State of California and that the
covenants in this AGREEMENT shall run with the land, a description of which
is contained in Exhibit " A" which is attached hereto and made a part hereof
by reference, and 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.
- T `74 a� _.384
��.. a
Approved as to for :/
ity,Attorney
Acknowledgements and Exhibit(s)
A
- 13 -
CITY OF CUPERTINO ,, —
By
e/
City Manager
By i � z�L�Le,,L�
attached.
F 74 w,4:4
F )'� f' -ye 39 7
EXHIBIT A
Lot 149, as said Lot is laid out and delineated upon that
certain Map entitled,,"Map of Subdivision A, Town of Monta Vista",
which said Map was filed for record on the Eleventh day of April,
1917 in Map Book "P" at page 20, Santa Clara County Records. And
as shown on that certain Record of Survey of Lands of Joseph T.
Fuchs, Jr., et ux, filed for record on April 29, 1976 in Book 371
of Maps, at page 4, Santa Clara County Records.
F 74 398
STATE OF C UFOR:iL- )
ss.
COUNTY OF SANT CLARA)
On December 7, 19 T) , before me, the undersigned, a
Notary Public in and for said State, personally appeared
Prater J. Fitchm and Susi J. Fit&i
:known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that then executed the same.
WITNESS my hand and official seal.
Oae®11eae11111e11ace11�e11ar,1e1eo1e1111eue11uneweum■
OFFICIAL SEAL /
MARGE MERKELBACH t/J- —e4-z�
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN THE Notary Pub 1 c in and i o r the County
COUNTY OF SANTA CLARA
® of Santa Clara, State of Cal_forzla
My Commission Expires February 15, 1981
i11111111Deal 111111111milli 111111111111116111131111111new
CORPORATION AC' My'L. DG' -7'=
STATF. OF CALIFORNLA )
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 WEMEOF, 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.
Notar7 Public in and for the Cour.t;7
of Santa Clara, State of Cal__or___a
-------- - 662iii338
RESOLUTION NO. 3339
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY :TANAGER TO EXECUTE MINOR I111PROVEMENT
AGREE`TENTS NOT INVOLVING LOT SPLITS
F 74 382
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 :Tanager 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 September , 1972, by the following, vote:
AYES: Councilmen - Irwin, Jackson, Meyers, Sparks, Frolich
THIS IS TO
NOES: Councilmen - None CTJFY�THT Tf?- ;TITIN
INSTRUMENT 1-8 A TNUE A(41D C01P ECT COPY
OF THE OR -I NAL ON FILE If�.TF;IS OFFICE.
ABSENT: Councilmen - None
ATTEST 1.
ATTEST: APPROVED:
CITY a _ TIfE CITY �pF CLIP ? T,No
01
B Y
CITY CLE
/s/ T4m. E. Ryder /s/ Donal
d A. Frolich
City Clerk Mayor, City of Cupertino