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81-055 Barclay's Bank and Cypress Building Associates development of SE Corner of Stevens Creek Blvd. and Finch Ave Reso 5707TO CITY i ItJ� WITH 60V CioL�E 6103 CiUPZ_iZTIN0, CA A G R E E M E N T This AGREEMENT made and entered into this 12th day of Auqus� lg 81, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Barclay's Bank of California hereinafter designated as DEVELOPER and Cypress Building Associates, hereinafter designated as DEVELOPER. W I T N E S S E T H WHEREAS, the DEVELOPER has made application to the CITY for a commercial permit and is securing a building permit from CITY to construct and maintain a commercial building hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit DEFERMENT of the re- quired development improvements in accordance with the provisions of this AGREEMENT; and WHEREAS, the DEVELOPER hereby agrees to provide necessary im- provement plans and specifications at such time as they may be re- quired 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 Page 1 G351,� 83 WHEREAS, The DEVELOPER agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with con- ditions of developement approval; and WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bond, Fees, and Deposit as set forth in the following schedule: SCHEDULE OF BOND, FEES AND DEPOSITS PART A. Faithful Performance Bond: $33,000.00 Thirty -Three Thousand and no/100 Dollars PART B. Labor arid -Material Bond: $33,000.00 Thirty -Three Thousand and no/100 Dollars PART C. Checking and Inspection Fee: $ 1,650.00 One Thousand Six Hundred Fifty and no/100 Dollars PART D. Indirect CITY Expenses: $ 248.00 Two Hundred Forty -Eight and no/100 Dollars PART E. Development Maintenance Deposit: $ 280.00 Two Hundred Eighty and no/100 Dollars PART F. Storm Drainage Fee: b. Six Thousand Three Hundred and Seven 00/00 Dollars �V Page 2 PART G. One Year Power Cost: Seventy Two and no/100 Dollars PART H. Street Trees: PART I. Map Checking Fee: Fifty and no/100 Dollars PART J. Park Fee: PART K. Water Main Extension Deposit G351.ff 8+ $ 72.00 By Developer N/A N/A 50.00 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 Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolu- tion. (b) Upon execution oft is AGREEMENT the DEVELOPER agrees to deliver a properly executed deed to the CITY of the real prop- erty described in Exhibit "A", and such other executed conveyances, or Page 3 G 351L 85 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: N/A (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 AGREEMENT, or such longer period as may be specifically authorized in writing by the CITY En- gineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole op - Page 4 G351�''Nt SS tion, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY competes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER's surety or both. (b) The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the CITY Engineer of Cupertino. The Work shall be done in accordance with 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 ac- cordance with all State and County Statutes applicable thereto. The decision of the CITY Engineer shall be final as to whether any mate- rial 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 accor- dance 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. Page 5 G 351 +c 87 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 Cu- pertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY 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.:.. .,Ehe DEVELOPER shall notify the CITY Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for sig- nature. 5. BONDS AND OTHER SECURITY (a) Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and Page 6 G 351 $© faithful performance of this AGREEMENT. The penal sum of said faith- ful 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 pay- ment of all labor and materials required to construct said improve- ments. 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 do so. (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; or, (3) A certificate of deposit,,or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c). Page 7 II / (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 con- ditions 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 certi- ficate 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 neces- sary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have depos- ited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should construction cost vary materially from the estimate from which said sum is calculated, the CITY Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES Page 8 G 351 90 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 of -street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I). 8. DEVELOPkENT 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 devel- opment maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or ma- terials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9.A STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in Page 9 G 351 i'.Gr 91 connection with said project in accordance with the requirements established in Resolution 4422, March 21, 1977 in the amount as set forth herein at Page 2 (Part F). 9.B WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 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 street trees in conformance with the standards of the CITY of Cupertino. Variety of tree shall be selected from the City approved list. Page 10 rAF, G 351.).x: 92 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 re- quired 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 '�.-,satisfation 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 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. Page 11 11 G35-.UI.,�n- 93 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, per- taining 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 Pro- tection District -.of Santa Clara County, stating that the DEVELOPER has entered into`afl'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. 17. STREET LIGHTING It is further agreed that the DEVELOPER shall apply for the in- stallation of electric power for street lighting at the earliest date possible. 18. P. G. and E. and P. T. and 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 under- ground wiring circuits to all electroliers within said property and Page 12 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 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 DE- VELOPER 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 pzopo'sed 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 com- pletion 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 performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER Page 13 94 G 351 p.&GE 95 or the DEVELOPER's agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the -CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents, and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the -foregoing named CITY and individuals covering all the Work performed` by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council, individually and collectively, and the officers, agents, and employees of the City, individually and collectively, have other in- surance 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 per- son; $300",000 each occurrence; property damage, $50,000 on account of any one occurrence with an aggregate limit of not less that $200,000. (b) The DEVELOPER shall file with the City Engineer at or prior Page 14 G 351 "!GE 96 to the time of execution of this AGREEMENT by the DEVELOPER such evi- dence 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 mu- tually 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 of Cupertino shall equally apply- to municipality and political subdivision. 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 (5) years and six (6) months from date of this AGREEMENT, the following improvements: All uncompleted street improvements, including street lights, storm drains, undergrounding of overhead power lines along Stevens Creek Boulevard and Finch Avenue and miscellaneous appurtenances as required by the Director of Public Works. Until such notification is made by CITY, or such times has e - Page 15 G 35i 97 lapsed, Section numbered 18 is 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 form- ation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. 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 CountyRecorder of the County of Santa Clara, State of Cali- fornia and ,thAat the covenants in this AGREEMENT shall run with the land, a description of which is contained in Exhibits "A and B", which are 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 af- fixed 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. Page 16 G 351 P!cE CITY OF CUPERTINO Z, la AQ' � ,)/ Approved as to f.-orm:, Mayor ATTEST: CITY Attorney Ci�tyy Clerk DEVELOPER: BARCL S BAN OF CALLFO '''A B Y : Acknowledgements'and Exhibit(s) A and B attached. OFFICIAL SEAL MARIANNE BACIGALUPI w ��, NOTARY PUBLIC --CALIFORNIA .� i•-: "RINVIPAL OFFICE IN THE COUNTY OF SANTA CLARA Comm. Exp. April 16, 1982 Cowdery's Form No. 29—(Acknowledgment—Partnership) (C. C. Sec. 1189) K• CYPRESS BUILDING ASSOCIATES BY- 1 STATE OF CALIFORNIA, ss. ------------._.__county On this-..... 2-t11--_ ---- da o .. _Alt U s t Y f-�--••-----••-----.•-----.---..-_-sn the year one thousand nine hundred and ..___ Eighty-gnebefore me,.......... nne _Bac galu�i a Notary Public, State of California, duly commissioned and sworn, personally appeared .-.John------L-.-...deBenedetti---.a�.c�...._T.izno-thy- C• Sheehan.. ------------- --..------------------------ -- known to me to be am�ef-the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF I have hereunto set my hand and axed my official seal, in the ._.---------County o f`_S a n t a--- C l a r a-- certificate first above written. y a year m this .......... I-- ....................... ... -- Notary lic, State of California. MY Commission Expires ------------- Page 17 CORPORATE ACKNOWLEDGEMENT G 351 n,GE 99 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN FRANCISCO ). On August 14, 1981 , before me, the undersigned, a Notary Public in and for the said State, personally appeared Thomas Zarraonandia to be the Vice President known to me of BARCLAYS BANK OF CALIFORNIA, 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 San Francisco the day and year in this certificate first above written. VY mac)ze� Notary Public in and for e County of San Francisco, State of California EXHIBIT A Parcel Map: G 351... ILOO All that certain real property in the City of Cupertino, County of Santa Clara, State of California being a portion of the Quito Rancho and a portion of that certain record of survey recorded in Book 192, Page 51, Records of Santa Clara County EXHIBIT B Parcel Map: All that certain real property in the City of Cupertino, County of Santa Clara, State of California being a portion of the Quito Rancho and a portion of that certain record of survey recorded in Book 192, Page 51, Records of Santa Clara County. n OSV''�-x.64 3 Mme-:� M Fd r O /A' AOV OOr F/NC'N_ AVeVlle vo•�vou�ry acsao n OSV''�-x.64 3 Mme-:� G 351 ?'C=101 �W/V C�f�T�F✓L"edi�' Ard C6., .R, CrTT• ,�/�/ is Qeklrl�IC-47E i ��;U/ 4�' SUBOLV/S/OA/BE/N6 LXIL)',4,X 0e1IED Q47rCERS OF / CO l/ iTf ,W;rZ.4Y67 A4N4' C1l C41L/FO.PN/d, A MWi CtIPdT/4V, BE/ rG TX E CLW1cVAe477z)W NAY/NG AUPAC7" AND LOC& QPD/N.4AK'ES RECO,CO77MEAV7EaFST IN W L4NDS DEL/,VEATFP W/TNiN7i/E /7/5J/Nfr/YCt30R/7ERL/NF 10tW 7,Y/S ,VUt e -L 4140 M AEXYiY CE,PT/FY, ,-A(4T 34/D Pok FL 1V4- ,-1A5 FX EPAiPE1J - LUTED _ M? 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E. /3'/B!/C SERYiif E,ISEMENJ t 4 (�QLj7(/ jXq(7flE!`UIfO.r�YETffIcS I1 AC//R`R': q'•'. a® IrVSrV CT/YE fi9RlJFR ` # `L - j' �a. - ��"�'r'Lyr •t S/VE. �i/DER/AC.t'E�tSEMEAIT _ A: • 'y ° '{o: .. 1 ` O/ME.45/OA s qRf /NIY,,r,lA/O lXr'f Z r,M!' 117 LY7J ..✓ %v 3C/r /UALN /iaP SI/O Si/IFcc2?wlY P. � �/RE! /Y/JY/NT�f/7/Sa!/NCI/VEl AL �4..r li.L..--....1a-11?�..�ti.�"r �• __ .,.rr 3 r{ib�! ��.aS, vv- RECORDER'S :'��f.'' 'tx rs•.�.� u�r:,r - �.- - - A .+r. REG® ER'S MEMO FAINT WRITING OR TYPING OR CARSON COPIES MAKES -000 `PHOTQGRAPHIC RECORD Y3w I 13J 1 �Yffo 1_,I0 RFCORDER S' ERT/F/GATE 1 Al /",Y DF f//i�5 AJ 1�A(E ar rs F /rElrY/EST Of UV!)E!I/UAOrU b' ,ISSr�"/Ai ES /Al.^ i !lVAIll A?EIV.POER f/Lc�Lb. 9r•- EXHIN17-A dDIJ ,^ J q 14 ��y a k Q i• 8 �@�, T.13" /7�G. O f44r 1,F SS � ! t L• tl ` ti - t r;lr r t'S 4 r'..'' .f. •` yr- E/f?ONT •Uret/.7Rr� fth+hS 9CHClL7Y`:'-L�/S'i4'LCT �e�E/PE,icv'ir oFr�vf [�ura4aF :`. , 4' 'l , fi'�,� , .-, r r •rj'rTATE Ci/' r���6�Lr,�,/J/.( ;-!W. . 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E. /3'/B!/C SERYiif E,ISEMENJ t 4 (�QLj7(/ jXq(7flE!`UIfO.r�YETffIcS I1 AC//R`R': q'•'. a® IrVSrV CT/YE fi9RlJFR ` # `L - j' �a. - ��"�'r'Lyr •t S/VE. �i/DER/AC.t'E�tSEMEAIT _ A: • 'y ° '{o: .. 1 ` O/ME.45/OA s qRf /NIY,,r,lA/O lXr'f Z r,M!' 117 LY7J ..✓ %v 3C/r /UALN /iaP SI/O Si/IFcc2?wlY P. � �/RE! /Y/JY/NT�f/7/Sa!/NCI/VEl AL �4..r li.L..--....1a-11?�..�ti.�"r �• __ .,.rr 3 r{ib�! ��.aS, vv- RECORDER'S :'��f.'' 'tx rs•.�.� u�r:,r - �.- - - A .+r. REG® ER'S MEMO FAINT WRITING OR TYPING OR CARSON COPIES MAKES -000 `PHOTQGRAPHIC RECORD Y3w I 13J 1 �Yffo 1_,I0 RFCORDER S' ERT/F/GATE 1 Al /",Y DF f//i�5 AJ 1�A(E ar rs F /rElrY/EST Of UV!)E!I/UAOrU b' ,ISSr�"/Ai ES /Al.^ i !lVAIll A?EIV.POER f/Lc�Lb. 9r•- EXHIN17-A dDIJ RF-Tl..lRN �TO CITY OF CUI=F:',R"I°iNO 10300 TORr� E A"VE. CUPER'TINO, CA 95014 ` 171866 "'RESOLUTION NO. 5707 N V ) r:'"'j,^ I �. a is r•''�.•„ tJ � 11 6 103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF STEVENS CREEK BOULE- VARD AND FINCH AVENUE; DEVELOPER, BARCLAY'S BANK OF CAL- IFORNIA AND CYPRESS BUILDING ASSOCIATES; AUTHORIZING EX- ECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS C 351 NGE 80 RFC. FE MICRO LIEN NO7 SMPF j __I WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located at the southeast corner of Stevens Creek Boulevard and Finch Avenue by Barclay's Bank of California and Cypress Building Associates; and WHEREAS, there has been presented to the City Council a proposed agree- ment for the construction of sidewalks, curbs, and gutters, and for other improvements, with provisions for undergrounding utilities on a deferred basis; and good and sufficient bonds (letter of credit), fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney: NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all easements is'hereby accepted. C. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. f. The deferred agreement shall be recorded with the County Record`Zj "4 &gn PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this. 8th day of September 1981 by the following voL-e_ (� Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks NOES: None 5 - � ria til ABSENT: Gatto F N : w ABSTAIN:None ATTEST: APPROVED: --; /s/ Dorothy Cornelius /s/ Reed Sparks City Clerk Mayor, City of Cupertino i s ` (43.1 Exhibit "A" Res. No. 5707 SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Commercial Project Barclay's Bank of California and Cypress Building Associates LOCATION: Southeast corner of Stevens Creek Boulevard and Finch Avenue A. Faithful Performance Bond: $33,000.00 Thirty -Three Thousand and no/100 Dollars B. Labor and Material Bond: $33,000.00 Thirty -Three Thousand and no/100 Dollars C. Checking and Inspection Fee: $ 1,650.00 One Thousand Six Hundred Fifty and no/10.0 Dollars D. Indirect City Expenses: $ 248.00 Two Hundred Forty -Eight and no/100 Dollars E. Development Maintenance Deposit: $ 280.00 Two Hundred Eighty and no/100 Dollars F. Storm Drainage Fee: $ 6,307.00 Six Thousand Three Hundred Seven and no/100 Dollars G. One Year Power Cost: $ 72.00 Seventy-two and no/100 Dollars H. Street Trees: By Developer I. Map Checking Fee: $ 50.00 Fifty and no/100 Dollars J. Park Fee: N/A K. Dater Main Extension Deposit N/A ` u�, I ge 6 SETTLEMENT AGREEMENT WHEREAS, the City of Cupertino, (hereinafter called "the City") a municipal corporation, organized and operating under the laws of the State of California has instituted and maintained an action in eminent domain (Santa Clara County Superior Court No. 604115) against various defendants including Barclay's Bank, (hereinafter referred to as "the Bank",) a California banking corporation, and WHEREAS, the Bank has been named a defendant in said action by virtue of its status as tenant having a leasehold interest in the premises, a portion of which is sought to be acquired by the City. Said portion of the land sought to be acquired is more particularly described in Exhibits "A" and "B" attached hereto, and WHEREAS, the City also seeks to acquire a portion of the building lying on said land to be acquired which is occupied by the Bank pursuant to its lease with the owner of the property, and WHEREAS, the Bank is desirous of continuing in Possession with respect to the remainder of the premises and has presented a plan for the rehabilitation of the remainder of the portion of the building and site to the owner. A copy of said plan is attached hereto as Exhibit "C, " and 1 WHEREAS, the Bank has determined that said if followed, will providPlan, e a remainder reasonabl for its continued Occupation, usable pation, and WHEREAS, the Bank and the owner of the have entered int o a whave ritten stipulation, a copy of is attached as Exhibit "D," whereby the owner consented, in has which general terms, to the rehabilitation Presented by the Bank retainingPlan its right to approve detailed plans and specifications and whereby the Bank Will bear the total cost of said rehabilitation, and WHEREAS the City and the Bank are desirous of resolving all disputes between them in the pending eminent domain action, NOW, THEREFORE, IT IS HEREBY AGREED: 1• The Bank shall submit to the City forthwith detailed plans and specifications for the rehabilitation Of the premises in substantial conformance with the plan attached hereto as Exhibit "C." Said plans and specifications shall proceed through the normal Ci review process, city Written approval of said plans and specifications must be obtained from the owner prior to issuance of a building permit by the City. The Cit the Bank shall use all deliberate and eliberate speed in the approval process to accomplish the goal of construction commenced in being the first week of September, 1986. 2 2. The Bank shall comply with all ordinances, standards, conditions of the City, including performance Of the work of construction in The Bank shall file with City a good workmanlike manner. the normal performance, labor and material bonds and certificates of insurance as required b y the City, 3. The City shall pay to Bank as total compensation for all claims arising under the eminent domain action referred to herein the sum of $285,000 payable as follows: $71,250 - to be paid upon issuance of the building permit by the City. $71,250 - to be paid upon commencement, Of work. $71,250 - upon completion of clearance Of the site. $71,250 - upon completion of the project. It is specifically agreed that in consideration of said payments y above described, the Bank has an affirmative obligation to commence and com let the improvements p e as described in Exhibit "C, 4. In consideration of said payment, Bank hereb releases y City from any and all claims for compensation arising from said eminent domain action filed by the City including, but not limited to, claims for the t Of the land and building (and ltake leasehold interests therein), claims for severance damages, 5 claims for loss of business goodwill, claims for relocation, claims for 3 restoration and rehabilitation, claims for interest and litigation costs, including attorney's fees and expert witness fees, it being understood that the above- described payment constitutes a full settlement of all claims. 5. The City shall hold the Bank harmless from any claims of the owner for compensation in the pending eminent domain action. 6. It is agreed that this Settlement Agreement may be filed with the Superior Court with respect to the pending eminent domain action and that City may obtain a final order of condemnation as against Barclay's Bank based upon the compensation agreed to herein, IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement this 1 day of 1986. May r, City of Cu e o Attest City Cler, Approved as to form: G� -City Attorney O Barclay's Bank At t :: Approve_d--y-is to form: ctorney for BarclYay's ank S LEGAL ILE5Cpiriion All [lief real T•rc,trrt�• FituntP Clara, Ft r,te of Cal if or,, is, describetd BEty foow•E of Culeztino . County of Santa ll : Tieing a "I tion of Fnrcel No. Deed conve inF land 4 as }' said pnrcel is described to Feil liam A. Antonioli, Nnrtin 11 tile Grant l+Ond, recorded in Boot•; 8791 of Official RecordF at Zsnkicl: and Barbara C. County Records, being more particularly described as Sante Clara follows: Beginning at the most northeasterly descrihed in that certain inatrumentcorner of that certain parcel of corporation, to the Cit from First Valley Bank land Recordo,at Y of Cupertino, a eBrecorded in Book 6142 ofOfficialnortherly line Lot Santa as a ova on ra County ecoords, said „ Point being on the • p entitled Ha T. 75.R.2W., H,p•B 6 1/4 1�4 of the S.E. p of the Cali Subdivision being a part of the S.E • H., Santa Clara Count a� of Sec. 13, Book N of Tlaps, at page 36, Santa Clara CountyRecords;a recorded in Thence easterly, along the northerly line of said lot 37East, 32.50 feet. easterly, South° parallel 06' 40"to a point and distant 00 femeasured at right angles from the monument line of De Anza Boulevard (formerly Saratoga—Sunnyvale Road); Thence southerly, along said parallel line, 55.86 feet; South 06 53' 20" West, Thence South 1° 501 510, West 29 to the northenst, having a radius 9•of 30efeet, fromnwhicheatradial concave bears South 280 42' 12" West; radial line Thence northwesterly and northerly 32.56 feet along said curve through s angle of 620 11' 28" to a point on a line parallel and distant 60.00 feet easterly,g g 8 n measured at right angles from the monument line of De Anza Boulevard (formerly Saratoga—Sunnyvale Road); Thence North 3° 18' 25" West, 88.84 feet; Thence North 89° 06' 40" West, 8.00 feet to a with and distant 45.50 feet easterly,point on a line parallel monument line of De Anza Boulevard measured at right angles from the (formerly Saratoga—Sunnyvale Road); Thence northerly along last nnmed parallel line, North GO.UD feet to tile 0°e Point of Beginning. 53' 20" East, Containing 0.0934 acres, more or less. F r r 5 TE �'EtJ I'IJ1�'j� �''O .Q�,�, j, 11 C C 0111 j, T -� G9 — p/ - 00/ 11,� 1 �D.47E CIL I j, 1101% 1 SCALE �96sr i,f1(E 1 �J,r Ir tIA Z N �t r.•"TQY Sao �o cLo � vii• i � r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JOHN D. ROGERS A PROFESSIONAL CORPORATION ATTORNEY AT LAW 3GO PINE STREET SAN FRANCISCO. CALIFORNIA 64104 TELEPHONE 1415) 961-2470 ATTORNEY FOR Defendant Barclays Bank SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CITY OF CUPERTINO, a municipal corporation, Plaintiff, VS. WILLIAM A. ANTONIOLI, et al., Defendants. No. 604115 STIPULATION 1 IT IS HEREBY STIPULATED by and between defendants William A. Antonioli, Barbara Lynn Farris, and Martin Zankich, Trustees for the Tikvica Family Trust, and defendant Barclays Bank, acting by and through their respective attorneys, as follows: 1. That defendant Barclays Bank has presented a plan for rehabilitation of the remainder portion of the building and that said plan for rehabilitation, if followed, will provide a remainder reasonably usable for the lessee's occupation as set forth in Paragraph 11 of the existing lease between the parties. I_ 1 2 OR 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Pin 22 23 24 25 26 2 It is understood and agreed that lessee will bear the cost and expense of said rehabilitation, reserving its claim for compensa- tion in the present condemnation proceeding brought by the City of Cupertino. 2. Each party reserves unto itself all other claims against the City of Cupertino in the present action. 3. It is understood and agreed that the work of rehabili- tation must be commenced on or before September 1, 1986, and that detailed plans and specifications must be drawn, submitted to the owner and the City for approval, and that approval by the owner shall not be unreasonably withheld to delay construction and to meet the order of the Court for possession of the portion being taken by the City. 4. It is further stipulated that the work of construction will be done in a good workmanlike manner, and that the owner will be provided at all reasonable times an opportunity for inspection of the work to be done and that such work will comply with the usual and normal high standards required by the City of Cupertino. 5. It is further stipulated that upon the signing of this stipulation the motion of defendant Barclays Bank to pursue arbitration in accordance with Paragraph 9 of the lease shall be withdrawn, and that such arbitration shall not be required. 6. It is further stipulated that the intention of the parties is to cooperate in every way possible in order to continue to carry on the day-to-day business of defendant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3' Barclays Bank, to satisfy the owner with the quality of the work to be done, and to coordinate the work so as to satisfy the City's public project under the condemnation action. This stipulation may but need not be filed. JOHN D. ROGERS, A Professional Corporation Dated: July 3, 1986 Dated: July �, 1986 By 5;i0n D. og s ATHERTON & DUNN By Michael A. Atherton