86-143 Jalal and Nasrin Ashjaee - deferred agreement to improve frontage at 10046 Crescent Rd Reso 6860NO -FEE' NIN A07,ORDANCE
Wfl-rd 60V CODE (39 03
*-1 R TUFRFN TO CITY
OF Ca, PFMTsNO
0300 TORRE "E. AGREEMENT
c,UPTER,` HN9',D° CA 9-5014 10046 CRESCENT ROAD
of
This AGREEMENT made and entered into this
16th
8847447
day
June , lg 86 , by and between the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter designated
as CITY, and JALAL & NASRIN ASHJAEE
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for
a building permit from City
to construct and maintain a single family residence,
hereinafter referred to as "Project."
WHEREAS, the CITY hereby agrees to permit DEFEd= of the required
development improvements in accordance with the provisions of this
AGI TlT; arm;
WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement
plans and specifications at such time as they may be required by the City
Engineer or as provided herein and;
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
WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or
other guarantees as outlined herein to assure compliance with conditions
of development approval; and
Page 1
WAS, pursuant to the provisions of this AGREEMENT, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHEDCJLE OF BONDS, FEES AND DEPOSITS
Improvement Category - N/A
PART A. Faithful Performance Bond: Deferred
PART B. Labor and Material Bond: Deferred
PART C. Checking and Inspection Fee: Defamed
PART D. Indirect City Expenses: Deferred
PART E. Development Maintenance Deposit: Deferred
PART F. Storm Drainage Fee: Paid
PART G. One Year Power Cost: Deferred
PART H. Street Trees: By Developer Deferred
PART I. Map Checking Fee: N/A
PART J. Park Fee: N / A
PART K. Water Main Extension Reimbursement: Paid
PART L. Maps and/or Improvement Plans: N/A
Page 2
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 AGREEMENT 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 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 stmt 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 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 cmVlete 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 Cit
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.
Page 3
J 7;-) 3PAGE1'74' 4
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 "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.
3. EXCAVATION PERIIT
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 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.
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 laying 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 AGREEMENT, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and faithful
Performance of this AGREEMENT. The penal sum 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 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 stmt 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 AGR=NT, 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.
Page 4
J'753U,6E17
B. In lieu of a surety bond, the DEVELOPER may elect to secure this
AGREENIENNT 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
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 conditions of
this AGREE�, 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. CHECFCSiG AND INSPECTION 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 AGREE=, 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.
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).
Page 5
J 753P�GE17116
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.
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 F).
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 (PART K, Page 2).
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. THE INSTAL=ON 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.
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.
Page 6
J 753PAGE :1 7 7
13. MAINTENANCE 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.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER
execution of this AGREEMENT, a letter from th,
stating that the DEVELOPER has entered into z
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 13 above has been filed.
15. GOVERN= CODE
shall file with CITY, upon
a Cupertino Sanitary District
separate AGREEMENT with the
serve all lots within said
L 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 Government 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 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
installation of electric power for street lighting at the earliest date
possible.
18. PACIFIC GAS AND ELWIRTC/PACIFIC BELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Ccmpany and/or to Pacific Bell 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
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 Bell that said fees are due and payable.
Page 7
Zot -8
19. EASEMENTS AND RIGHT-OF-WAY J 7 5 '" PAGE 1 7
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.
20. HOLD HAFT=
It is further agreed that, commencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the completion of
the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless
and defend the CITY from and against any or all loss, cost, expense,
damage or liability, or claim thereof, occasioned by or in any way
whatsoever arising out of the performance or nonperformance of the Work or
the negligence or willful misconduct of the DEVELOPER 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 insurance against the loss covered by said policy
or policies, that other insurance shall be excess insurance only.
A. Each of said policies of insurance shall provide coverage in the
following minim m 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.
Page 8
J 75�3Pa Ell 4��
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 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 DEVELOPER shall furnish CITY with the
following maps and/or plans at his own expense:
A. A mylar sepia and seven (7) prints of fully executed parcel maps.
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 maps.
It is agreed that the sepia, prints and microfilm of maps will be
furnished within one month following recordation at the County of Santa
Clara.
It is also agreed that the sepia,
plans will be furnished within one
plans by the CITY.
prints and microfilm for improvement
month following the signing of the
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 the date of this AGREEMENT, the following
improvements:
asphalt, street work, storm drains, curb and gutter and
appurtenances as directed by the Director of Public Works.
Page 9
J 7PAGE
Until such notification is made by CITY, or such time has elapsed,
Sections numbered 2 through 21 excepting 9 et al,
are hereby deferred. The DEVELOPER further agrees to cooperate, upon
notice by the CITY, with other property owners, the CITY and other public
agencies to provide the improvements set forth herein under a joint
cooperative plan, including the formation of a local improvement district,
if this method is feasible to secure the installation and construction of
the improvements.
24. SUCCESSORS - RUN WITH LAND - A.P.N. 326-17-39
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVELOPER. It is agreed and
understood that this AGREEMENT shall be filed for record in the Office of
the County Recorder of the County of Santa Clara, State of California and
that the covenants in this AGREEMENT shall run with the land, a
description of which is contained in Exhibit B, which is attached hereto
and made a part hereof by reference, and is for the benefit of the other
lands in the City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its 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:
-f
City A torne-y
GENERAL ACKNOWLEDGMENT
State of L e.° /
SS
County o6`L-
1
CITY OF CUPERTINO:
ma�or .
City .Clerk -
J 7 J 3 PAGE_
eY.��..G�7"rr✓.e`r��.e�-r,,.r.���'�r�`r✓�-G-�%!7.�:��wrs...� , ._ _ .
On this the—__,—,.day of 19 ;before me,
the undersigned Notary Public, personally appeared
personally known to me
f� proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) subscribed to the
within instrument, and acknowledged that 7 executed it.
WITNE�S'my hand and official seal.---
Notary's
eal:
Notary's Signature"
NO. 201
- .. .. _ ,.r �.._...� d � •r:�r.•ri! �;...-�,>r_ i_.�'r-_':%r.�`-!'-'_�'.s.-���: r: r•:✓.1r _;d.r�' �'.�r-. � - -
7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd! P.O. Box 4625 • Woodland Hills, CA 91364
(Rev.3-1986)
J7 0E X52
EXHIBIT "B"
All that certain parcel of land situate in the City of
Cupertino, County of Santa Clara, State of Califronia,
described as follows:
Section 8 as laid out upon Map entitled, "Map of Russel-
hurst, Monta Vista", which Map was filed on April 11, 1917
in Volume "P" of Maps, page 22.
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NO F•E'E IN ACCOROA,NCE
WITH
1 t�_
-° UF2i�J To CITY
+JE CUPERTINO
'0'300 TORRE AYF—
CUPERTINO. CA 9501:
RESOLUTION NO. 6860
J703PAGE170Y
RESOLUrION OF 1 CITY COUNCIL OF 1 OF - a •
AUIHORIZING TBEX • • OF DEFERRED AGREEMENT
OF '.• • dE AT 10046 CRESCENT '.• • D
WHME, there has been presented to the City Council an agreement for
the improvement of the street frontage at 10046 Crescent Road by Jalal and
Nasrin Ashjaee; and
WHEREAS, said proposed agreement contains provisions for the
construction of streets, curbs, gutters, sidewalks, and for other
improvements within a period of five (5) years and six (6) months from the
date of execution of said agreement; and said agreement having been
approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that said agreement for the improvement
Of street frontage at 10046 Crescent Road is hereby approved; and the City
Engineer is hereby authorized to sign the final plans when presented by
the developer; and the Mayor and the City Clerk are hereby authorized to
execute the agreement herein referred to in behalf of the City of
Cupertino.
BE IT FUR7 M RESOLVED that the City Clerk is authorized to file this
agreement with the Santa Clara County Recorder.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 2nd day of June 1986 by the following
vote:
vote
AYES:
NOES:
ASSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Gatto, Johnson, Plungy, Sparks, Rogers
None THIS IS TO CES�2/�TtT7l
INSTRUMENT Ioll�`ti"RL[
OF. THE ORiWJNA tR
None �- (
None
/s/ Dorothy Cornelius
City Clerk
AT THE WITHIN
�tC❑RRECTCCF''`
f(l-)THIS OFFICE.
i4TT6Sq� J
:CITY
E:4/; F THE 'Ct."lO- P-�CIJ
r
CITY-r-EEfA'k
APPROVED:':=
D j -
/s/
/s/ Barbara A. Rogers
Mayor, City of Cupertino
, 19 SP
�ERTIN❑
J75J3PAGE _ 7
Until such notification is made by CITY, or such time has elapsed,
Sections ntmtbered 2 through 21 excepting 9 et al,
are hereby deferred. The DEVELOPER further agrees to cooperate, upon
notice by the CITY, with other property owners, the CITY and other public
agencies to provide the improvements set forth herein under a joint
cooperative plan, including the formation of a local improvement district,
if this method is feasible to secure the installation and construction of
the improvements.
24 . SUCCESSORS - RUN WITH LAND - A. P. N. 3 2 6 -17 - 3 9
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVELOPER. It is agreed and
understood that this AGREEMENT shall be filed for record in the Office of
the County Recorder of the County of Santa Clara, State of California and
that the covenants in this AGREEMENT shall run with the land, a
description of which is contained in Exhibit B, which is attached hereto
and made a part hereof by reference, and is for the benefit of the other
lands in the City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its 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:
City AtFornoiy
GENERAL ACKNOWLEDGMENT
State of
County o
7110 122
— _�c xjc.(94L
.IT ,SEgL
borothy Marie Cornelius
0 '_ - 1: )RNIA
MY Comntis.gon ExOLJIVTY
.k5� c Aires April 1, 1988
(Rev.3-1986)
CITY OF CUPERTINO:
J
75 `/� P A G E-1 7 Rl ^M NO. 201
On this th6____Lday of 19_ efore me,
SS.
a)o t2
the uunjdersigneejd otary Public, personally appeared
b` personally known tome
Ir_proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) (fV1rC" subscribed to the
within itru nt, and acknowledged that e executed it.
WITNEnsmy hand and official se�.
s Signatu
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 •Woodland Hills, CA 91364
a uyc iv