86-162 Bruce Bowen and Jeffrey Wyatt - Improvement plans for Tract 7837 - Peninsular Ave Reso 6949TRACT AGREEMENT
TRACT 7837
PENINSULAR AVENUE
This AGREEMENT, made and entered into this day
of , 19 ��- , by and between the CITY OF CUPERTINO, a
runicipal corporation of the State'of California, hereinafter designated
as CITY, and BRUCE BOWEN, JEFFREY WYATT
hereinafter designated as DEVESIJPER.
r
WITNESSETH
WHEREAS, said DEVELOPER desires to subdivide certain land within the
City of Cupertino in accordance with the nap heretofore filed with the
City Council of the City of Cupertino, marked and designated as
Tract 7837, PENINSULAR AVENUE, Cupertino,
California, hereinafter designated as the "Tract;" and
WHEREAS, said map shows certain courts, drives and roads which are
offered for dedication for public use; and
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Tract by KIRKEBY & ASSOCIATES
, a true copy of said 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, ZHEFEFCRE, said irprovement plans and specifications shall be
hereinafter called the "Plans," and the work to be done under the Plans
shall be called the "Work."
Page 1
WHEFE S, pursuant to the provisions of this AGF , the CITY hereby
established the amotmts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SamDfJLE OF BONDS, FEES AND DEPOSITS
PART A. Faithful Performance Bond: $26,000.00
TWENTY SIX THOUSAND AND N0/100 DOLLARS
PART B. Labor and Material Bond: $26,000.00
TWENTY SIX THOUSAND AND N0/100 DOLLARS
PART C. Checking and Inspection Fee: $ 1,300.00
ONE THOUSAND THREE HUNDRED AND N0/100 DOLLARS
PART D. Indirect City Expenses: $ 650.00
SIX HUNDRED FIFTY AND N0/100 DOLLARS
PART E. Map Filing Fee: $ 112.00
ONE HUNDRED TWELVE AND N0/100 DOLLARS
PART F. Devel anent Maintenance Deposit: $ 3,000.00
THREE THOUSAND AND N0/100 DOLLARS
PART G. Storm Drainage Fee: . $ 1,720.00
ONE THOUSAND SEVEN HUNDRED TWENTY AND N0/100 DOLLARS
PART H. One Year Power Cost: $ 36.00
THIRTY SIX AND N0/100 DOLLARS
PART I. Street Trees: BY DEVELOPER
PART J. Park Fee: Zone $24,900.00
TWENTY FOUR THOUSAND NINE HUNDRED AND N0/100 DOLLARS
PART K. Water Main Extension Deposit: N/A
PART L. Maps and/or Improvement Plans: By DEVELOPER
Page 2
NOW, THEREFORE' IT IS HEREBY n=JALLY AGREED by and between the
parties hereto as follows, TO WIT;
1. ZNSTALSATION OF WORK
It is further agreed that;
A. The DEVELOPER shall install and complete the Work within one (1)
year fr m 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 autho-
rized 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 performed under the '
inspection
and with the approval of the City Engineer. The Work shall be done. in
accordance with the existing ordinances and resolutions of the City of
Cupertino► 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 thereto.
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.
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 c=nflict between the Stats 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.
2. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall ccrPly with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the camencement 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 ccmence.
Page 3
W
It is farther agreed that the DEIV=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 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 AGS', 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 AGR. In the event that
improvements are to be made under this AGFFf, the DEVELOPER shall, in
addition to said faithful performance, file with the CI'T'Y 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 am unt 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.
B. In lieu of a surety bond, the DEVELOPER may elect to secure this
AGREE= 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 l i rements of Government Code Section 66499 (b) or
(c) .
C. The amount of said cash, checks, certificate of deposit, or
rum
instent 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 AGR, 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 Mori approval of the City Council.
E. No interest shall be paid on any security deposited with the
CITY.
Page 4
5. ==G 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
CTI'Y, prior to execution of this AGREEME T, 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 shall notify
DEVELOPER of any additional star due and acing as a result thereof.
6. INDIRECT EXPENSES
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).
7. 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 E).
•1 71 • ' 171 I• Y 7t /• •1 •171` •.
It is further agreed that the DOPER shall pay to the CITY, prior to
execution of this AGFM=, the amount set forth herein at Page 2 (Part
F) 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 inperfections 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 3rprovement bonds.
•1 � 1i' • � /• H 71
It is further agreed that the DE-NMOPER shall deposit with the CITY,
prior to execution of this ACEE1,T, 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 G) .
10. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior to
execution of this AGREE =, the anrnmt as set forth herein at Page 2
(Part H), which amc urt represents the power cost for street lights for one
year.
i 1 � Y' •; • Y'171 Y 1717►
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.
Page 5
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" MMber• 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
01PAMMO,ij • ■ i� - :• •
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part J, requires formal confirmation. The Developer
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.
It is further agreed that the DEVELOPER shall maintain the Work: A.
For a period of one (1) year after acceptance of the Work by.the City
Council of the City of Cupertino, or B. Until all deficiencies in the
Work are corrected to conform to the Plans and the CITY standards and
specifications for the Work, whichever is the later to occur. 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 inperfections arising
out of or due to faulty worlmkinship and/or materials appearing in said
Work.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AGR, a letter from the Cupertino Sanitary District
stating that the DEVELOPER has entered into a separate AGREEmU with the
said District to install sanitary sewers to serve all lots within said
Project and stating that a bond to insure full and faithful performance of
the construction of the said sanitary sewers and to insure maintenance of
said sanitary sewer in conformance with the provisions as set forth in
Paragraph 13 above has been filed.
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREII=, substantial evidence that all provisions of
Section 11603, Article 8, Chapter 4 of the Business and Professions Code,
Pertaining to special assessrents or bonds, have been colied with.
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this AGREII =, 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. Y'1E1 i 1 ' and E. RATE SCHEDL=/. .. .
Ly
It is further agreed that the DEvEIDPEp shall apply for the
installation of electric power for street lighting at the earliest date
possible.
18. PACIFIC GAS AND ELECTRIC/PACIFIC SELL
It is further agreed that the DEVELOPER shall pay to pacific Gas and
Electric Company and/or to PACIFIC SELL 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
undergrcunding 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 SEL1, that said fees are due and payable.
19. EASEM= AND RIGH11-0F-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 suets 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 HAM=
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 as provided in Paragraph 13 above, 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
in
21. INSURANCE
It is further agreed that: The MVELOPER 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
Page 7
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 may.
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 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.
22. WATER 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 September 9, 1977. 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 an adopted Water
Master Plan.
The amount shown herein at PAFU K, Page 2 shall be the full amount
due.
23. MAP AND/OR DSROVE= PLANS
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 thirteen (13) prints of fully executed tract
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 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.
Page 8
24. T= AND CONDITIONS
It is further agreed that the above named terms and conditions for the
said Tract shall bind the heirs, successors, administrators or assigns of
the DEVELOPER. The assig mveant of this AGREEM4T shall not be made without
approval by the City Council of said CITY.
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.
14*V��•► •
Approved as to form: 4wlwa 11-2, Ir2ga"aw
yor
10
rneY � City Clerk.
• .• u.�m *lA 9=tel -
Page 9
(Rev.3-1986)
CAT. NO. NNO0630
TO 1946 CA (7-82)
(Partnership) NOTITLE INSURANCE
STATE OF CAWORNIA AND TRUST
COUNTY OF �\ ¢fJ� , �` I �� SS. ATICOR COMPANY
Onbefore me, the undersigned, a Notary Puplic in and for
said State, personally appeared ] tic_ - R n ,. , - I i _ ^ — i ,
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as
4`' N"of the partners of the partnership
at executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand aid official seal.
Signature_r
J T C." : L C
C
F'�� C
- ;
My Commission Expires \I!ov. 1, 7.,87
(This area for official notarial seal)
RESOLUTION NO. 6949
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7837
LOCATED AT PENINSULAR AVENUE
DEVELOPER BRUCE BOWEN AND JEFFREY WYATT
ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL
MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF
AGREEMENT IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval and
for authorization to record final map of Tract No. 7837 located at Peninsular
Avenue showing certain avenues, drives, places, and roads by Bruce Bowen and
Jeffrey Wyatt; and
WHEREAS, there has been presented to the City Council a proposed agreement
for the construction of streets, curbs, and gutters, 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 map, agreement, and bonds having been approved
by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said final map and improvement plans of Tract 7837, be and the same are
hereby approved.
b. The offer of dedication for roadway and for easements is hereby accepted.
C. The City Engineer and the City Clerk are hereby authorized of sign said
final map.
d. The City Engineer is hereby authorized to sign the improvement plans.
e. 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 on the 2nd day of September 19 86 , by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Roberta A. Wolfe
Deputy City er
/s/ Barbara A. Rogers
Mayor, City of Cupertino
Resolution No. 6949
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: TRACT NO. 7837
BRUCE BOWEN AND JEFFREY WYATT
LOCATION: PENINSULAR AVENUE
A. Faithful Performance Bond:
$26,000.00
TWENTY SIX THOUSAND AND N0/100 DOLLARS
B. Labor and Material Bond:
$26,000.00
TWENTY SIX THOUSAND AND N0/100 DOLLARS
C. Checking and Inspection Fee:
$ 1,300.00
ONE THOUSAND THREE HUNDRED AND N0/100 DOLLARS
D. Indirect City Expenses:
$ 650.00
SIX HUNDRED FIFTY AND N0/100 DOLLARS
E. Map Filing Fee:
$ 112.00
ONE HUNDRED TWELVE AND NO/100 DOLLARS
r. Development Maintenance Deposit:
$ 3,000.00
THREE THOUSAND AND N0/100 DOLLARS
C. Storm Drainage Fee:
$ 1,720.00
ONE THOUSAND SEVEN HUNDRED TWENTY AND N0/100 DOLLARS
11. One `T� ar Poy,..,- Cost:
$ 36.00
THIRTY SIX AND N0/100 DOLLARS
I. Street Trees:
BY DEVELOPER
J. Park Fee: None
$24,900.00
TWENTY FOUR THOUSAND NINE HUNDRED AND NO/100 DOLLARS
K. Water Main Extension Deposit:
N/A
L. Maps and/or Improvement Plans:
BY DEVELOPER