86-149 Vallco Park Commercial Development of the Rusty Pelican @ SW corner of Prunridge & Wolfe Reso 6876AGREEMENT
WOLFE ROAD
This ACEI' made and entared into this day
of , 19 by and between the CI'T'Y OF
CUPEFa'INO, a mtmicipal corporation of the State of California, hereinafter
designated as CITY, and VALLCO PARK
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
PARgCEL MAP AND A BUILDING PERMIT
to construct and maintain a COMMERCIAL DEVELOPMENT
hereinafter referred to as "Project."
WHEREM, CITY hereby approves the 1i E r vement plans and specifications
prepared for the Project by BRIAN-KANGAS-FAULK & ASSOCIATES
a true copy of which improvement plans and specifications are on file in
the office of the City Engineer of Cupertino; and
WAS, the same are incorporated herein by reference, the same as
though set out in fall;
N W, ARE, 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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TAH .S, pursuant to the provisions of this AGR�'I', the CITY hereby
established the amounts of Bowls, Fees, and Deposits as set forth in the
following schedule:
Sa3EDLn F OF B=, FEE'S AND DEPOSITS
Street improvement Category:
PART A. Faithful Performance Bond: 0
PART B. Labor and Material Bond: 0
PART C. ctecking arra Inspection Fee: 0
PART D. ImUrect City F' TenSeS: 0
PART E. Development Maintenance Deposit: 0
PART F. Storm Drainage Fee: $7,656.00
SEVEN THOUSAND SIX HUNDRED FIFTY SIX AND N0/100 DOLLARS
PART G. One Year Power Cost: 0
PAPT H. Street Trees: By Developer
PART I. Map Checking Fee: $ 210.00
TWO HUNDRED TEN AND N0/100 DOLLARS
PART J. Park Fee: 0
PART K. Water Main Extension Deposit: 0
PARI' L. Maps and/or Improvement Plans: 0
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J
• i 171'1:1 •1'1 Wall 2: I /• ' !}' :191! • • 11111111!• - - -
1. DEDICATION
A. The DEVELOPER offers to dedicate the real prop
erty shown
Mbi "A", which is attached hereto and made a part hereoeferee .Said d ated _ property shall be free and clear ofli orenctunbrances those which the CITY shall waive it' The
DEVELOPER a not to revoke said offer of dedication, akeep said
offer open until CITY accepts offer by resolution.
B. Upon on of this AGREEMENT the PER agrees to
deliver a properly grant deed to the of the real property
described in Exhibit "A", and such other conveyances, or
instruments necessary to clear titl as herein required. The
DEVELOPER shall provide, at the PER' sole cost and expense, to the
City:
(1) A preliminary title issued by a title insurance
c�any relating to the o for dedication.
(2) A standard cy of title ce issued by a title
§50
arra insuring the CITY in sum of : N/A, and
said property free and cl of all liens or
pt those as the CITY shall ly waive in
icy shall be furnished at the time acceptance
recordation of deed.
Upon the condition precedent that the DEVELOPER
each
and every covenant arra condition of this AGRE=, the
to accept said real property offered for dedication.
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 ACRE MENM, or such longer period
as may be specifically authorized in writing by the City Engineer. In the
event the DEVELOPER fails or refuses to ccm>plete the Work within the
specified period of time, the CITY, at its sole option, shall be
authorized to Clete the Work in whatever manner the CITY shall decide.
In the event the CITY completes the Work, the CI'T'Y may recover any and all
costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or
both.
B. The DEVELOPER shall install arra 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 arra 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 Departrnent 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. EXCA=CN PERMIT
It is further agreed
that the
DEVELOPER
small comply with Section
Three of Ordinance No.
130 of the CITY
by obtaining
an excavation permit
ft the City Engineer
before the camencement
improvements are
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 DEVELfJPER shall
notify the City Engineer of the exact
date and time when the proposed
excavation is to
It is further agreed that the DEVELC)PER, when requested by the CITY,
shall quitclaim all his -rights and interests in, and shall grant to CITY
authorization to extract water from the undexground 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 wma ticn of this AGREE!TI', the DE -,=PER shall file
with the CI'T'Y
a faithful performance bond to assure his full arra faithful
performance of this AGREE=. - 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, arra any
improvements
to be made under this AGREEMENT. In the event that
improvements are
to be made under this AGRE=, 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 coapany 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 AGREE!Mn,
or to make any payment, or any dedication of land, or any
improvements herein
required, the CITY shall call on the surety to perforin
this AGREE=
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
AM== by depositing with the CI'T'Y:
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 went 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 T, 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 EE'VELOPER shall have deposited with
CI'T'Y, prior to execution of this AGREII,1ENT, the amount as set forth herein
at Page 2 (Part C),. Should construction cost vary materially from the
estimate from wtui.ch said sum is calculated, the City Engineer shall notify
DEVELOPER of any additional slnn due and owing as a result thereof.
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this ACCT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D).
4h - r*I�Mt�■ti �71�
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this ACEI', for office checking of final map and
field checking of street mmmznents, 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) .
5
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AG==, the amount set forth herein at Page 2
(Part E) as a develoFment 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 D-v=PER 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 CTTY those monies
required to comply with "Policy on Water Main Extrusions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until said
monies are needed to inplement 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
W"
It is further agreed that the DEVELOPER shall pay to CI'T'Y 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
yam -
It is further agreed that the DEVE'IDPER 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
ft 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.
P
It is further agreed that the DEVELOPER shall maintain the Work until
all deficiencies in the Work are corrected to ccnfc= to the Plans and the
City standards and specifications for the Work. The DEVELOPER shall, upon
written notice thereof, immediately repair or replace, without cast or
obligation to the City of Cupertino, and to the entire satisfaction of
said CI'T'Y, all defects and ; nperfections arising out of or due to faulty
Workmanship and/or materials appearing in said Work.
16. SANITARY DISTRICT
It is further agreed that the DEVELOPER
execution of this AGREEMENT, a letter from
stating that the DEVELOPER has entered into a
said District to install sanitary sewers to
Pro] ect and stating that a bond to insure full
the construction of the said sanitary sewers
said sanitary sewer in conformance with the
Paragraph 15 above has been filed.
shall file with CITY, upon
the Cupertino Sanitary District
separate PGREEb�FT' 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 ACEI', substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Goverment Code, pertaining n ing to
special assessments or bonds, have been flied with.
18. CENTRAL FIRE DISTRICT
It is further
agreed that
the DEVELOPER shall file with the CITY, upon
execution of this
ACS,
a letter ft
the Central Fire Protection
District of Santa
Mara County,
stating
that the DP'=PER has entered
into an AG==
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
19. PACIFIC GAS AND ELECTRIC/PACIFIC =T,
It Is further agreed that the DEVELOPER, shall pay to Pacific Gas and
Electric Coapany and/or to PACIFIC EM71, Company any and all fees required
for installation of Overhead and/or wiring circuits to all
electroliers within said property and any and all fees required for
undergr=xUng as provided in ordinance No. 331 of CITY when DEVELOPER is
notified by either the City Engineer or. the Pacific Gas and Electric
Conpany and/or PACIFIC HET Company that said fees are due and payable.
7
It is further agreed that any easement and riot -of -way necessary for
conpletion of the Project shall be acquired by the DEVET-OPER at his own
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CTI'Y for the purpose of securing
said easement and right-of-way, that. the UEVEIpPER shall deposit with CITY
a stun covering the reasonable market- value of the land proposed to be
taken and to be included in said stun 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.
OIPMMI:_� 02C4ft
It is further agreed that, cannencing 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 ft 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
22. INSURANCE
It Is further agreed that: The DEVELOPER shall take cut, or shall
require any contractor engaged to perform the Work to take out, and
maintain at all times during the performance and maintenarce 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 ply damage insurance
mist 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.
8
A. Each of said policies of insurance shall provide coverage in the
following mini -rano amounts: For bodily injury, $100,000 each person;
$300,000 each OccUrre�, property damage, $50,000 on amt of any
one o==ence with an aggregate limit of not less than $200,000.
B. 'Ihe DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AC=MT 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 of the CITY shall equally apply to
municipality and political subdivision.
23. MAPS AND/OR
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 (13) prints of fully executed parcel map.
B. A mylar sepia and ten (11) prints of fully e.NL- ed irq=cvement
plans.
C. A direct duplicating silver --ne ative 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.
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferrees of the DEVEIOPER. The assignment of
this AGREE[OTL shall not be made .without approval by the City Council of
the City of cLqpertino.
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IN WrINFSS WIC MF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, oto 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 Attorney
Notary Acknowledgment Required
(Rev. 5/9/86)
41'�Jla //-), /��
mayor
Citi Clerk
v
10
STATE OF CALIFORNIA
ss.
COUNTY OF SANTA CLARA
OnEL -4 J , ) Cl jja before me, the undersigned, a Notary
P�u�blicin and for said State, personally appeared
ll�i L7l ��I' P A-P,i7 and
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name jeo
subscribed to the within instrument, and acknowledged that
he, executed the same.
WITNESS my hand and official seal
Notary Public V
C4+Ri57inE (VL P-E&A
Print or Type Name of Notary
OFFICIAL SEAL
CHRISTINE MARSHALL NOBREGA
FeNOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY
My comm. expires APR 28, 1989
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERT'INO
APPROVING THE PARCEL MAP OF PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF PRUNERIDGE AND WOLFE; DEVELOPER,
VALLCO PARK, DYED; AUTHORIZING EXECUTION OF AGREEMENT;
AND AUTHORIZING THE CITY ENGINEER TO SIGN THE PARCEL MAP
WHEREAS, there has been presented to the City Council for approval and
for authorization to record the parcel map of property located at the
southwest corner of Pruneridge Avenue and Wolfe Road by Vallco Park,
Ldmited; and
WHEREAS, there has been presented to the City Council a proposed
improvement agreement for execution;
NOW, THEREFORE, BE IT RESOLVED that the parcel map herein referred to
is hereby approved and the City Engineer is hereby authorized to sign said
map and have it recorded; and the Mayor and the City Clerk are hereby
authorized to execute the agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this _L61bday of June 1986 by the following vote:
Vote Members of the City Council
Ate: Gatto'; Johnson,. Plungy, Sparks, Rogers
NOES: None
ABSENT' None
ABSTAIN' None
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk