80-010 J. Guy Farthing Developer of Tract 6736 Lucky Oak Cluster Reso 5211A G R E E M E N T
This AGREEMENT, made and entered into this 21st
day of
January 19 80 by and between the CITY OF CUPERTINO a municipal
corporation of the State of California, hereinafter designated as CITY, and
J. GUY FARTHING
hereinafter designated as Developer.
W I T N E S S E T If
WHEREAS said Developer desires to subdivide certain land within said City
of Cupertino in accordance with the map heretofore filed with the City Council
of the City of Cupertino, marked and designated Tract No. 6736
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;" Iand
WHEREAS, CITY hereby approves the improvement plans and specifications pre-
pared for the Tract by George S. Nolte & 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 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 following
schedule.
Part H. One Year Power Cost:
Part I. Tree Fees:
Part J. Park Fees:
Part K. , _Water rain Extension Deposit
S N/A
$ By Developer
S 5,184.00
S N/A
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto
as follows, TO ?iIT:
1. INSTALLkTION OF WORK
It is agreed that in consideration of the approval of said map and the
acceptance on behalf of the public of the courts, drives and roars offered for
dedication,
(a) The Developer shall install and complete the Work within one (1)
- 2 -
SCHEDULE OF BONDS,
FEES AND DEPOSITS
Part
A.
Faithful Performance Bond:
On-site
S
80,000.00
Off-site
114 000.00
Part
B.
Labor and Material Bond:
On-site
$
80,000.00
Off-site
14,000.00
3,200.00
Part
C.
Checking and Inspection Fee:
$
700.00
Part
D.
Indirect City Expenses:
$
480.00
105.00
Part
E.
Map Filing Fee:
$
116.00
Part
F.
Development Maintenance Deposit
$
370.00
1,671.00
Part
G.
Storm Drainage Fee:
S
Part H. One Year Power Cost:
Part I. Tree Fees:
Part J. Park Fees:
Part K. , _Water rain Extension Deposit
S N/A
$ By Developer
S 5,184.00
S N/A
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto
as follows, TO ?iIT:
1. INSTALLkTION OF WORK
It is agreed that in consideration of the approval of said map and the
acceptance on behalf of the public of the courts, drives and roars offered for
dedication,
(a) The Developer shall install and complete the Work within one (1)
- 2 -
3
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 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, specification, plans,sizes, lines
and grades as set forth.
(c) It is further agreed that the Work shall be done in accordance with the
Stancard Specifications of the Department of Public Works, Division of Highways,
State of California, dated Jan. 1973, 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 hiu
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 faithful 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 & B)
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 and
shall be approved by him prior to or concurrent with the execution of this agree-
ment by the CITY.
-4-
5. CHECKING AND INSPECTION FEE
i
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. 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 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 complete 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 AGREEMENT, 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 ir. 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
-6-
due to faulty workmanship and/or materials appearing -in saia 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 "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 AGRELHENT
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.
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
required for installation of overhead and/or underground wiring circuits to all
electroliers within said "Tract" and any and all fees required for undergrounding
as provided in Ordinance No. 331 of CITY when Developer is notified by either the
-7-
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 Work or the negligence or willfull misconduct
of the Developer or the Developer's agents, employees and independent contractors.
21. INSUR.AZICE
It is further agreed that: The Developer shall take out, or shall requite
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
separata 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 b -,r said policy or policies, that other insurance shall be ex -cess iasuz3nce
only.
(a) Each of said policies of insurance shall provide coverage in the follcwing
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 sub-
division of the State of California, the policies of insurance required herein and
above shall co -nage such municipality or political subdivision and the provision
set forth herein and above for the protection of the City of Cupertino shall
equally apply to municipality and political subdivision.
MOM
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.
STATE OF CALIFORN A
COUNTY OF.�5....... ... ....e ss.
t\`41�.`�"'`�'.`11.�'�P-1oil
t C�
On this ..................... d y of .. � t%%t � r! .�. in the year -one thousand nine
hundred and ...`.eu...��. before me . ............ r(.�.��4.�...(.wgk—. 0.� .... ,
a Notary Public, StateofCalifornia, d co missioned and sworn, personally
appeared...................x.1......4?.4. ......-a'r !!!L ...................................
......................................................
known to me to be the person ..... whose name ....C> .... subscribed to the within
instrument and acknowledged to me that .....he..... executed the same.
IN WITNESS WHEREOF I have hereunto sets my and and affixed my
official seal in the .......................... County of a�� ...........4the day and year
in this certificate first a itte
.......... ............. .. . ..... .......... ....................
This document is only a general form which may be proper for use in simple transactions Notary Pu iC, State Of Callforn•
and in no way acts, or is intended to act, as a substitute for the advice of an attorney.
The publisher does not make any warranty, either express or implied as to the legal t^ — L� T
validity of any provision or the suitability of these forms in any specific transaction. My commission expires ...... }...... ............................................
Cowdery's Form No. 32—Acknowledgement—General (C, C. Sec. 1190a)
By
Mayor
By
City Clerk
Approved as to form DEVELOPER:
C Ey Attorney
- 10 -
RESOLUTION NO. 5211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT
NO. 6736 LUCKY OAK CLUSTER, LOCATED AT LUCKY OAK STREET
AND HOMESTEAD ROAD, DEVELOPER J. GUY FARTHING ACCEPTING
CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND
IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREE-
MENT IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval
and for authorization to record final map of Tract No. 6736 Lucky Oak
Cluster located at Lucky Oak Street and Homestead Road showing certain
avenues, drives, places, and roads by J. Guy Farthing; 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 No. 6736 Lucky Oak
Cluster, 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 this 21sL: day of January 1980, by the following
vote:
Vote Members of the Citv Council
AYES: Jackso, O'Keefe, Rogers, Sparks, Meyers
NOES: None
ABSENT: Nos=e
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Robert W. Meyers
Mayor, City of Cupertino
Resolution No. 5211
DEVELOPMENT
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
Tract No. 6736
' J. Guy Farthing
LOCATION Lucky Oak Street and Homestead Road
A.
Faithful Performance Bond:
On-site
Off-site
$
80,000.00
14,000.00
B.
Labor and Material Bond:
On-site
Off-site
$
80,000.00
14,000.00
C.
Checking and Inspection Fee:
$
3,200.00
700.00
D.
Indirect City Expenses:
$
480.00
105.00
E..
`lap' Filirt Fee:
__
$..
116.00
F.
Development Maintenance Deposit
$
370.00
G.
Storm Drainage Fee:
S
1,671.00
H.
One Year Power Cost:
S
N/A
I. Tree Fees: $ By Developer
J. Park Fees: S 5,184.00
Y -.,.--Water `lain Extension Deposit S N/A