86-139-6 James H. Sisk Development of Mira Vista Ave single family residence Reso 7873AGREEMENT
MIRA VISTA AVE. APN #357-04-26,27
This AC�tE�Et Tr made and entered intot this (I day
of , 19 0 /� , by and between the CITY OF
CUPEF7I'INO, a municipal corporation of the State of California, hereinafter
designated as CITY, and JAMES H. SISK
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
BUILDING PERMIT
to construct and maintain a SINGLE FAMILY DWELLING
hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by KIRKEBY & ASSOCIATES
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."
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WHEREAS, pursuant to the provisions of this AGRZH2,=, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
121&A1* R am
Street Improvement Category:
PART A. Faithful Performance Bond:
FORTY ONE THOUSAND TWO HUNDRED DOLLARS AND NO/100
PART B. Labor and Material Bond:
FORTY ONE THOUSAND TWO HUNDRED DOLLARS AND NO/100
PART C. Checking and Inspection Fee:
TWO THOUSAND SIXTY DOLLARS AND NO/100
PART D. Indirect City Expenses:
THREE HUNDRED NINE DOLLARS AND NO/100
PART E. Development Maintenance Deposit:
FIVE HUNDRED DOLLARS AND NO/100
PART F. Storm Drainage Fee:
ONE THOUSAND FIFTY SEVEN DOLLARS AND N0/100
PART G. One Year Power Cost:
PART H. Street Trees: By Developer
PART I. Map Checking Fee:
PART J. Park Fee:
PART K. Water Main ZCM=i=X itz REIMBURSEMENT
FIVE THOUSAND SIX HUNDRED TWENTY'FIVErDOLLARS AND N0/100
PART L. Maps and,/or Improverent Plans:
AS SPECIFIED IN ITEM 23
PART M. CREDIT FOR INSTALLATION & OVERSIZING OF STORM SYSTEM
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$41,200.00
$41,200.00
$ 2,060.00
$ 309.00
$ 500.00
$ 1,057.00
N/A
N/A
N/A
$ 5,625.00
($2,433.00)
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 resolution.
B. Upon execution of this AGTZPEMM the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real property
described in Exhibit "A", and such other executed conveyances, or
instruments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S 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.
(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 AGREEMENr, 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
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.
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C. It is further 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 11State" 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.
3. EXCAVATION PER=
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the 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 counence.
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.
f. : • �. � • i 1.91' .9• '
A. Upon the execution of this Ate, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and faithful
performance of this ALIT. The penal sum of said faithful performance
bond shall be the full cost of any payment to be made under this
AGREE=, 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 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.
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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 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
instnmbent 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 conditions 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 certificate of
deposit, shall be made except upon approval of the City Council.
E. No interest shall be paid on any security deposited with the
CITY.
6. CHECKING AND INSPEC'T'ION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking, etc., incurred by CITY in
connection with said Project, and that DEVELOPER shall have deposited with
CITY, prior to execution of this AGI', the amount as set forth herein
at Page 2 (Part C). Should construction cost vary materially from the
estimate from which said stun is calculated, the City Engineer sha11 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 AGREEI M, 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 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) .
r
It is further agreed that the DEVELOPER sha11 pay to the CITY, prior
to execution of this ACRE�]UM, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure control aryl cls dura the oar�tructian proper dust
maintenance de y period. The development
posit ma be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or materials
apl�ear'ir� in said work during the period until release of the
bonds by the CITY. Should the DEvETJ>PER complete the improvement
entire satisfaction of the CITY, the unusedbal repairs to
after the release of the ar�ce will bo returned
improvement bonds.
10. STOR4 DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY
prior to execution of this AGR 21UXr, a storm drainage e in
connection with said Project in accordance with the
ts
established in Resolution 4422, March 21 1977 in the ��►�
herein at Page 2 (Part F) . ' ' a►t as set forth
10.A CREDIT FOR INSTALLATION & OVERSI7.INC OF STORM SYSTEM "B"
The amount shown on Page 2A, Part M., herein is that certain amount due the
developer for the installation of onsite & offisite master storm lines. Said
credit for installation & oversizing is due the developer upon acceptance of
the work, and after• certification of the quantities of work by the enl;ineer of
work. The final amount paid shall be the product of the quantities of work
times the difference in unit reimbursement prices established by the adopted
Master Storm Drain Report.
11. RUM MAIN .IDaniSICH DEPOSIT
The DEVELOPER further agrees to deposit with the Cny those monies
required to comply with "Policy on Water Main Extensions
Deposits" dated 9/30/77. The deposit shall be held Work and
monies are needed to inplerr►ent impr®vpnenta outlined the CITY unti] said
Public Works or improvements outlined withino the by the Director of
Plan.adopted Water Master
due. The amount shown herein at Part K, Page 2, shall be the full amount
It is further agreed that i�the'LAPER shall pay to qty
execution of this AGtL�lr, the amount as sat forth herein a prior pae r�
art G) , which amount represents tha power coat for street lights for one
Year.
13. THE nZ-aLLMON OF STREET TREES
It is further agreed that the DEVEr.OPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in h ti
the standards of the City of Cupertino. Variety oP tree shall rm with
from the City approved list. selected
14. PARK FEES
It is
dedicate such l furtherr agreedto the that the DEVELOPER shall pay such fees or
CMy' prior to execution, as is required within
"Park Dedication Ordinance"
stipulated -►der Part J Number 602, 1972, and which is ft►x-tlier
, Page 2 herein,
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14-A. P? LK FEE ALULTST`_= PROVISICNS
The value of the land used in establishing the "Park Fee" cutiined
herein on Page 2, Part J, requires 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`wi.thin thirty. (30) days and the
City agrees to reftr d overage within thirty (3 0) days. Adjustments shall
be made prior to acceptance of the subdivision improvements.
15. 2^.AMrI'_1ANCE OF AX
It iS further agreed that the DEVELOPME R shall maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans and the
City scan arils and specifications for the Work. The DEVELOPER shall, upon
Written notice thereof, immediately repair or replace, without C--,St-or
obligation to the. City of Cupertino, and to the entire satisfaction of
said cIT'Y, all defects and i�erfecticns arising out of or due to faulty
_st
wcr.IcT iip and/or materials appearing in said Work.
16. SANT= DISTRICT
It is further agreed that the DEUE F R
execution of this AGREv TI', a letter from tri
statirg that the DEVELOPER has entered into
said Dis-'t.ri ct to install sanitary szwers to
Project and stating that a bond to insure ful:
the construction of the said sanitary sewers
said sanitary suer in conformance with, the
Paragraph 15 above has been filed.
17. CODE
shall file with CITY, upon
Cupertino Sanitary District
sznarate AC��M With the
serve all lots within said
. and faithful performance of
and to insure mainterance of
provisions as set forth in
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AC�LENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Gove==ent Code, pertaining to
special assessments or bonds, have been complied with.
18. SAL FIRE DISiRICr
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this ASI', a letter frcm the Central Fire Protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an AGS' 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. PA=C CAS AND =CIRTC/PA=C =1
It is further agreed that the DEVELOPER R shall pay to Pacific Gas arra
Electric Cc=any and/or to PACIFIC FELL Company any and all fees required
for installation of overhead and/or underground Wirings circuits to all
electroliers Within said property and any and all fees required for
undercitaunding as provided in Ordinance No. 331 of CITY when DEVELOPER is
notified by either the city Engineer or the Pacific Gas and Electric
Company arid/or PACIFIC HET Company that said fees are due arra payable.
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20. EASII= 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 the City of Cupertino.
21. HOLD HAR!=S
It is further agreed that, ccm me=ing 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 performance or nonperformance of the Work or
the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S
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
behalf of said DEVELOPER. Both bodilyin and by, for, ra on
injury PAY 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.
The insurance carrier shall provide proof of their ratings. All ratings
shall be a minimum of "Best A-7" in accordance with ABAG policies.
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A. Each of said- policies of insurance shall provide coverage in the
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 AGFdM4R?i' 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 co -name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision.
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 frcm the development maintenance
deposit the cost for all prints of plans and map required under Item 23.
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.
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IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Council arra said EEVELOPER has hereunto caused his name to be affixed
the day and year first above written.
Approved as to form:
i Attorney
400mceft2i-
state of CALIFORNIA On this Ilse 9TH day of _. JUNE _____._ 19 89, be[oir, me.
County of
the undersigned Notary Public, personally appeared
JAMES H. SISK —
a�
$�d1'�1&1k1�Dr; porsonaily known to me
F_ E OPPICIAL SES [_] proved to me on the basis of satisfactory evidence
HELEN K. YATES HF subscribed to the
a NOTARY PUBLIC -CALIFORNIA to be tho person(s) whose name(s)
•� c at executed it.
SANTA CLARA COUNTY
wlthln Instrument, and acknowledged that �H _
d v�� My Commission Expires May 10, 1991 WITNESS n y hand and official seal.
C 6���7GChG�UG�UC4%4X�G:C�G•C9CL�G:C�ir�` �iC �% G��s�',
Notary's Signature
11nr. nr•,H r I('Wt F TIG, AEll r rr11 U./ 1110057
RESOLUTION NO. 7873
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AMT gE7yEN THE
CITY AND DEVELOPER JAMES H. SISK, LOCATED ON MIRA VISTA AVENUE
A.P.N. 357-04-26, 27
WHE EAS, there has been presented to the City Council a proposed
improvement alt between the City of Cupertino and James H. Sisk for
the installation of certain municipal improvements on Mira Vista Avenue
and said agreement having been approved by the City Attorney, and
Developer having paid the the fees as outlined in the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to sign the aformentioned agreement 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 , 1989, by the
following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of Cupertino