86-151 W.D.V. Properties, Ltd. - Improvement of frontage located on Stevens Creek Blvd. for commercial development Reso 6939AGREEMENT
STEVENS CREEK BOULEVARD
day
of August , 19 86 , by and bet
between the QTY OF
QJFJkX11a10, a n mi.cipal corporation of the State of California, hereinafter
designated as CTJY, and W.D.V. Properties, a California Limited Partnership
WITNESSETH
WHEREAS, the CEVE OPER has made application to the CITY for a
A PARCEL MAP
tO caistruct, and maintain a COMMERCIAL DEVELOPMENT
hereinafter referred to as "Project."
FkUMM, CITY hereby apprwes the iqn-avement plans and specifications
prepared for the Project by KIRKEBY & ASSOCIATES
a
a true copy of which inprovement plans and specifications are on file in
the office of the City Engineer of Oipertino; and
SAS, the same are incorporated herein by refer+enoe, the same as
thoLxgh set out in full;
NOW, THEFaUUE, said iiqnvvement plans and specifications shall be
hereinafter called the "Plans," and the work to be done under the Plans
shall be called the "Work."
1
VHEREAS ► Pent to the provisions of this AGR1MMj ', the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
��i�;l�l� � • :•;.I�� yea. � .0 �i��•_ u�
Street improvement Category: I
PART A. Faithful Performance Bond: $48,000.00
FORTY EIGHT THOUSAND AND N0/100 DOLLARS
PART B. Labor and Material Bond: $48,000.00
FORTY EIGHT THOUSAND AND N0/100 DOLLARS
PART C. Checking and Inspection Fee: $ 2,880.00
TWO THOUSAND EIGHT HUNDRED EIGHTY AND N0/100 DOLLARS
PART D. Indirect City E)penses: $ 430.00
FOUR HUNDRED THIRTY AND N0/100 DOLLARS
PARI' E. Development Maintenance Deposit: $ 1,000.00
ONE THOUSAND AND N0/100 DOLLARS
PART F. Storm Drainage Fee:
PART G. Cine Year Power Cost: $ 126.00
ONE HUNDRED TWENTY SIX AND N0/100 DOLLARS
PART H. Street Trees: By Developer
PART I. Map Checking Fee: $ 210.00
TWO HUNDRED TEN AND N0/100 DOLLARS
PART J. Park Fee: N/A
PART K. Water Main Extension Deposit: N/A
PART L. Maps and/or nq=ovement Plans: -
Now, THERE' , IT IS HEREBY MLMMI,I,y 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 AGFdM4E ' 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
DEVELOPER shallde, at to the sole cost and required. clear title as herein the
P ' 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 stns 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 owditi.on of this ACS, the CITY
agrees 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 AGREEMEND, 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
Works, California Department of of Public
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 PERMTr
It is further agreed that the EEvE OPER shall om ply 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 Linder the surface of any existing public street, lane, alley, sidewalk,
or other public place. It is further agreed that the MVELOpER 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 C=,
shall quitclaim all his rights and interests in, and shall grant to CITY
authorization to extract water fran the underground strata lying beneath
said project and LE=PER agrees to execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature.
A. Upon the execution of this AGRED=, the MVEMPER shall file
with the CITY a faithi'Ltl performance bond to assure his full and faithful
performance of this ACFMFI . The penal sum of said faithful performance
bond shall be the full cost of any payment to be made under this
AGREEMERr, the value of any land agreed to be dedicated, and any
improvements to be made under this AGREEMENT. In the event that
improves are to be made under this AG MMiT, the DEVELOPER shall, in
addition to said faithful performance, file with the CITY a labor and
materials board 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
fora 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 AGREMM, 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 bard, the DEVELppER may elect to secure this
AGRED= 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 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
DE`V=PER 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 pis 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 DE'v=PER shall pay any and all necessazy
direct expenses for inspection, checking, etc., incurred by CITY in
connection with said Project, and that DOPER shall have deposited with
CITY, prior to execution of this Ate, the anvxrt 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 EEVELOPER shall pay to CITY, prior to
execution of this Ate, 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 ACS, for office checking of final map and
field checking of street mamments, 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
11 U#21
• ` 171 I• • I M •l�l`•�
It is further
agreed that
the EE'VELOPER shall pay to the CITY, prior
to execution
of this AG2EE=I
the amount set forth herein
at Page 2
(Part E) as
a develcpnent maintenance
deposit to insure
pt p dust
control and
cleaning during
the constriction period.
The devel
sand
maintenance
deposit may be
utilized for repairs
of defects
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
• •�-� r.- • • ► d alp
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREEMERr, 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).
Tire LOPER 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. Mis deposit shall be held by the CITY until said
monies are needed to implement iniFnwements 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.
C I �g Jw!!,UM
It is further agreed that the DOPER shall pay to CITY prior to
execution of this AGE02MU, the amount as set forth herein at Page 2
(Part G) , which amount represents the power cost for street lights for one
year.
Itis farther 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.
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►• �N • •1'11
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 CI'T'Y, all defects and imperfections arising out of or due to faulty
workwnship and/or materials appearing in said Work.
16. SANITARY DISZRICr
It is further agreed that the DEVELOPER
execution of this AGREEMENT, a letter E cffi the
stating that the DEVELOPER has entered into a
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.
shall file with CITY, upon
Cupertino Sanitary District
separate AGREEMENT 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 EEVELOPER shall file with CITY, upon
execution of this AGFM=, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining i ng to
special assesstments or bawds, have been complied with.
18. 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 AG2MMU 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 t'r EL=C/PACMC BELL
It is further agreed that the MVELOPER shall pay to Pacific Gas and
Electric Company and/or to PAC:CFIC DELL Cmpany 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
undergrOUnCling as provided in Ordinance No. 331 of CITY when DEVELOPER is
notified by either the City Engineer or the Pacific Gas and Electric
Co q=W and/or PACIFIC RFTT- Cca pany that said fees are due and payable.
7
20. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way
completion of the �Y for
cost and expense. Project
shall be acquired by the DEVELOPER at his own
Provided, however, that in the event eminent
domain proceedings are required by the CITY for the purpose of securing risaid easement and ght-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 allmanee 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 1widental costs in such reasonable amounts as the
CITY may require shall be deposited with the City of Cupertino.
21. HOLD HAIMESS
It is further agreed that, ecsamncing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the ccupletion of
the maintenance of the Work, the DEVELOPER shall indenmify, hold harmless
and defend the -CM1Y 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 =performance of the Work or
the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S
agents, employees and independent omitractors.
22. INSI PMM
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 mice 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 DEVaOPER. Both bodily injury and property damage insurance
Waist 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 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 AGRM2W 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 (13) prints of fully amcuted parcel map.
B. A mylar sepia and ten (11) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature card of
all executed imprrovement 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 DEVELOPER. The -a igrmient of
this ACEI' shall not be made without approval by the City Council of
the City of Cupertino.
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IN wrn SS MMWF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Co moil and said MNMCPER has herainto caused his r>azne to be affixed
the day and year first above written.
Approved as to farm:
City Att=ney
GENERAL ACKNOWLEDGMENT
State of Cali forni n
SS.
County of Santa Clara
OFFICIAL SEA"
JUANITA E TERRY
NOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY
r.
`�- My comm. expires APR 3, 1988
4, / lia)o
Mdyor
Y6"'_e41f0__
dity Clerk
.I 21 e 24�
W.D.V. Properties, a California
Limited Partnership
On this the 1 1 th day of Almost 19--8-6 before me,
Juanita E. Terr
the undersigned Notary Public, personally appeared
idovich
F)I personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i G subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS my hand and official seal.
N otary'15-S i g n,af6 re
NO. 201
7110 122 NATIONAL NOTARY ASSOCIATION - 23012 Ventura Blvd. - P.O. Box 4625 - Woodland Hills, CA 91364
RESOLUTION NO. 6939
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE LOCATED ON
STEVENS CREEK BOULEVARD; DEVELOPER, WDV PROPERTIES;
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 Council for approval of
the final plan for the improvement of street frontage located on Stevens
Creek Boulevard by WDV Properties; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, gutters and 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 performance 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 on Stevens Creek Boulevard be and the same
is, hereby, approved; and the City Engineer is hereby authorized to sign
said final plan; and the Mayor and the City Clerk are 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 18th day of August , 1986 by the following
vote:
RESOWTION 6939
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornleius
City Clerk
RESOLUTION NO. 6939
SC ED= OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Commercial
WDV Properties
LOCATION: Stevens Creek Boulevard
A. Faithful Performance Bond:
Forty-eight Thousand and no/100 Dollars
B. Labor and Material Bond:
Forty-eight Thousand and no/100 Dollars
C. Checking and inspection Fee:
TWO Thousand Eight Hundred Eighty and no/100 Dollars
D. Indirect City Expenses:
Four Hundred Thirty and no/100 Dollars
E. Development Maintenance Deposit:
One Thousand and no/100 Dollars
F. Storm Drainage Fee:
G. One Year Power Cost:
One Hundred Twenty-six and no/100 Dollars
H. Street Trees:
I. Map Checking Fee:
Two Hundred Ten and no/100 Dollars
J. Park Fee:
K. Water Main Extension Reimbursement
$48,000.00
$48,000.00
$ 2,880.00
$ 430.00
$ 1,000.00
N/A
$ 126.00
By Developer
$ 210.00
N/A
N/A