86-139-4 James H. Sisk Development of San Felipe Rd. & Mercedes Rd. single family residences Reso 7550A G R E E 14 E N T
SAN FELIPE ROAD AND MERCEDES ROAD
This A== made and entered into this 5th day
of July , 1988 , by and between the CITY OF
C[,—r==C, a municipal corporation of the State of California, hereinafter
designated as CITY, and JAMES H. SISK DEVELOPMENT
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
BUILDING PERMIT
to construct and maintain SINGLE FAMILY DWELLINGS
hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by JENNINGS McDERMOTT & HEISS, INC.
a true copy of which improvement plans and specifications are on file in
the office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as
though set out in full;
NOW, THEREFORE, said improvement plans and specifications shall be
hereinafter called the "Plans," and the work to be done under the Plans
shall be called the "Work."
wT EFM, pursuant to the provisions of this AGPEEi u, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
S=-= OF BONUS, FEES AND DEPOSIT'S
Street Improvement Category:
PART A.
Faithful Performance Bond:
THIRTY SIX THOUSAND AND 00/100
PAFT B.
Labor and Material Bond:
THIRTY SIX THOUSAND AND 00/100
PART C.
Checking and Inspection Fee:
ONE HUNDRED EIGHTY AND 00/100
PAFT D.
Indirect City Expenses:
THREE HUNDRED TWO AND 00/100 DOLLARS
PART E.
Development Maintenance Deposit:
ONE THOUSAND AND 00/100 DOLLARS
PART F.
Storm Drainage Fee:
PART G. One Year Power Cost:
PART H. Street Trees: By Developer
PART I. Map Checking Fee:
PAFT J. Park Fee:
PAFT K. Water Main Extension Deposit:
PAFT L. Maps and,/or Improvement Plans:
REVISED 6/15/88(::�A
7
$36,000.00
$36,000.00
180.00
$ 302.00
$ 1,000.00
PAID
PAID
PAID
PAID
PAID
See Paragraph 23
NCW, CRE, IT IS =�Y YU7- LLY AZP= by and between t1 -.e
'ies hereto as follows, TO WIT:
1.
A. .e DEVELOPS offers to dedicate the real property shown on
Exhibit "A", , is attached hereto and made a part hereof by reference.
Said dedicated operty shall be free and clear of all liens or
enctmibrances except ose which the CITY sha11 waive in writing. The
DEVELOPER agrees not t revoke said offer of dedication, and to keep said
offer open until the ccepts offer by resolution.
B. Upon execution f this AGREE= the DEVELOPER agrees to
deliver a properly executed t deed to the CITY of the real property
described in Exhibit "A", an such other executed conveyances, or
instruments necessary to convey c title as herein required. The
DEVELOPER shall provide, at the D IS sole cost and expense, to the
City:
(1) A preliminary title report issued by a title insurance
company relating to the property off ed for dedication.
(2) A standard policy of title - ce issued by a title
insurance ccmpany and insuring the CITY in e sum of: N/A, and
which shall show said property free and c1 of all liens or
encumbrances except those as the CITY shall ressly waive in
writing; said policy shall be furnished at the t' of acceptance
of dedication and recordation of deed.
C. Upon the condition precedent that the DEVELO shall
perform each and every covenant and condition of this AGREEMENT, CITY
agrees to accept said real property offered for dedication.
2. INSMLLAT ION 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 AGREE=, 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 mariner the CITY shall decide.
In the event the CITY completes the Work,. the CITY may recover any and all
costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or
both.
B. The DEVELOPER shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the City
Engineer of Cupertino. The Work shall be done in accordance with existing
ordinances and resolutions of the CITY 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 hereto. 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.
3
C. It is f=.her agreed that the Work shall'be done in accordance
with the most current Standard Specifications of the Department of Public
Works, California Department of Transportation, State of California, and
in accordance with the specifications of the Cupertino Sanitary District
where applicable.
Wherever the words "State" or "California Division of
Highways"
are
mentioned in
the State Specifications, it shall be
considered
as
referring to
the CITY of Cupertino; also wherever the
"Director"
or
"Director of
Public Works" is mentioned, it shall be
considered
as
referring to the City Engineer.
In case
of conflict between the State Specifications and
the
specifications
of the CITY and/or the Cupertino Sanitary
District,
the
specifications
of the CITY and/or the Cupertino Sanitary
District shall
take precedence over and be used in lieu of such conflicting
portions.
EXCAVATION PE=
It is further agreed that the DEVELOPER shall =rely with Section
Three of ordinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the commencement of any excavation in, on,
or under the surface of any existing public -street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the proposed
excavation is to ccrm-nence.
• • •�■ air■
It is further agreed that the DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to CITY
authorization to extract water from the underground strata lying beneath
said project and DEVELOPER agrees to execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature.
A. Upon the execution of this AGREE=, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and faithful
performance of this AGREE=. The penal stun of said faithful performance
bond shall be the full cost of any payment to be made under this
AGREEMENT', the value of any land agreed to be dedicated, and any
improvements to be made under this AGREE=. In the event that
improvements are to. be made tinder this AGREEhIQ1T, the DEVELOPER shall, in
addition to said faithful performance, file with the CITY a labor and
materials bond in a penal stun adequate to assure full payment of all labor
and materials required to construct said improvements. The amount of said
bonds shall be as designated by the City Engineer. Said bonds shall be
executed by a -surety company authorized to transact a surety business in
the State of California and must be approved by the City Attorney as to
form and by the City Engineer as to sufficiency. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to perform
this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure
to so do.
4
B. In lieu of a surety bond, the DEVELOPER may elect to secure t`L.is
AGRE=7T by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of Cupertino; or,
3. A certificate of deposit, or instrument of credit meeting
the requirements of Government Code Section 66499 (b) or
(c) .
C. The amount of said cash, checks, certificate of deposit, or
inst urent 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
DEV=PER shall fail faithfully to perform the covenants and conditions of
this AGREEh , or to make any payment, or any dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said
security thereto.
D. No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except upon approval of the City Council.
E. No interest shall be paid on any - security deposited with the
CITY .
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking, etc., incurred by CITY in
connection with said Project, and that DEVELOPER shall have deposited with
CITY, prior to execution of this AGREEMENT, the amount as set forth herein
at Page 2 (Part C). Should constriction cost vary materially fron the
estimate from which said sun is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
It is further
agreed that DEVELOPER shall
pay to CITY,
prior to
execution of this
AGREE[=, indirect expense
allocable
to processing
these improvements,
the amount as set forth herein
at Page 2
(Part D).
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREE=, for office checking of final rap and
field cheating 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 1).
E
9 . DET __j7
It is fur`her agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREE=, 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 DE=PER ccrplete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the improvement bonds.
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREE=, 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).
11. T^IATER 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 the adopted Water Master
Plan.
The amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE
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.
13. THE INSTA ,T A'T'TON OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
from the City approved list.
14. 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.
- . .-._.-.-_ - - I I ..- . - 1 ,- - ... 7 -- - - -.. - . . - . , .
14-A. PARK FEE AII77JS'I= PROVISIONS
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part J, reg ires formal confirmation. The CITY
shall employ a qualified local appraiser to provide a market value of the
land. The City will calculate the "Park Fee" based on the appraisal. The
Developer agrees to pay for any deficiency within thirty. (30) days and the
City agrees to refund overage within thirty (30) days. Adjustments shall
be made prior to acceptance of the subdivision improvements.
15. MAIL CE OF 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.
It is further agreed that the DEVELOPER
execution of this ACRMr, a letter from the
stating that the DEVELOPER has entered into 2
said District to install sanitary sewers to
Project and stating that a bond to insure ful:
the construction of the said sanitary sewers
said sanitary sewer in conformance with, the
Paragraph 15 above has been filed.
�l/71i t 101 ���1
shall file with CITY, upon
Cupertino Sanitary District
separate AGREII�U with the
serve all lots within said
and faithful performance of
and to insure maintenance of
provisions as set forth in
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 Caverrmlent Code, pertaining to
special assessments or bonds, have been ccmplied with.
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this AGREE=, a letter from the Central Fire Protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an AM== 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.
19. PACIFIC GAS AND F LE=C/PA=C HESS,
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Cogany and/or to PACIFIC HELI 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 -
undara-rrund g 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 HELL Company that said fees are due and payable.
7
20. EASE= AND RICc�T-CF-6aY
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 the City of Cupertino.
21. HOLD HAMALESS
It is further agreed that, commencing with the performance of the Work
by the DEVELOPER or his contractor and continuing rg 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 performance or nonperformance of the Work or
the negligence or willful misconduct of the -DEVELOPER or the DEVEIOPEPls
agents, employees and independent contractors.
22. 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 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 t.e
following minimum amounts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGREEMENT by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least ten (10) days
advance notice thereof.
C. In the event that the Project covered herein should be mutually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall cc -name such
municipality or political subdivision and the provision set forth
herein and above for the protection cf the CITY shall equally apply to
municipality and political subdivision.
I I• ' •' 1'
WeLf 71 1M
It is further agreed that the CITY shall obtain the following map
and/or plans at the DEVELOPER'S expense:
A. A mylar sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature card of
all executed improvement plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance
deposit the cost for all prints of plans and map required under Item 23.
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferrees of the DEVELOPER. The assignment of
this AGREEMENT shall not be made without approval by the City Council of
the City of Cupertino.
P
IN =TESS ;qTE OF, CTI'Y has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Council and said DEVELOPER has hereunto caused his name to be affixed
the day and year first above written.
Approved as to form:
State of aq-Li/eW Re,, i ®4
SS.
County of S �/7�9 0L414-4
OFFICIAL SEAI7
•yo PERRY T. BRASUELL
NOTARY PUBLIC- CALIFORNIA
SANTA CLARA COUNTY
My Commission Expires May 10, 1991
i�GT',9WGQG)QGnG-N` G)QG)QGTQG),QG-,QG?�GYQa
• � -tea � •
11111 • - a -
On this the —;Ll�day of �7aA), 19LE, before me,
N
the undersigned Notary Public, personally appeared
ZZ
2 --'personally known to me '
0 proved to me on the basis of satisfactory evidence
to be the person(s) wo executed the within instrument on behalf of the
partnership, and a owledged to that the partnership executed it.
WITNESS my h nddooff icial
Notary's $fgnature
PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364
RESOLUTION NO. 7550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE
LOCATED ON SAN FELIPE ROAD AND MERCEDES ROAD
DEVELOPER, JAMES H. SISK DEVELOPMENT, AUTHORIZING
THE CITY ENGINEER TO SIGN THE FINAL PLAN; AND
AUTHORIZING EXECUTION OF AGREEMENT IN
CONNECTION THEREWITH
WHEREAS, there has been presented to the City Counc.il for approval
of the final plan for the improvement of street frontage located at
San Felipe Road and Mercedes Road by James H. Sisk Development; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction, of streets, curbs, gutters, sidewalks and
for other improvements, and good and sufficient bonds, fees and deposits
as set forth in Exhibit "A", having been presented for the faithful per-
formance of said work and the carrying out of said agreement; and said
plan, agreement, and bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that said final plan for the improvement
of street frontage at San Felipe Road and Mercedes Road be and the same is
hereby, approved; and the City Engineer is hereby authorized to execute the
agreement herein referred to in behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 5th day of July 1988 by the
following vote:
Vote Members of the City Council
AYES: Johnson, Koppel, Plungy, Rogers, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ John M. Gatto
Mayor, City of Cupertino