Craig Clark - Improvement of Hermosa Ave property - Reso 7417AGREEMENT
HERMOSA AVENUE
This ACE== made and ente.7-c 1 into this e'kVt--,K day
of 6A ti 19 by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and MR. CRAIG CLARK
hereinafter designated as DEVE.LDPFR.
W I T N E S S E T H
WHEREAS, the DEVELOPER has made application .to the CITY for a
PARCEL MAP AND A BUILDING PERMIT
to construct and maintain a SINGLE FAMILY DEVELOPMENT
hereinafter referred to as "P of ect. "
W=EAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by E. HAHAMIAN - CIVIL ENGINEER
a true copy of Which improvement plans and specifications are on file in
the office of the City Engineer of Cupertino; and
W11EREAS, the same are incorporated herein by reference, the same as
though set out in full;
NGW, T==RE, said ixprovement plans and specifications shall he
hereinafter called the "Plans," and the work to be done under the Plans
shall be called the "Work."
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WlE RFAS, pursuant to the provisions of this Ate, the CTTY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following, schedule:
Sa-IE x7TF OF BONDS, FEES AND DEPOSI'T'S
Street Inprovement Category: 1 (980-206.42)
PP= A. Faithful Performance Bond:
$6,000.00
SIX THOUSAND AND N0/100 DOLLARS
PARI' B. Labor and Material Bond:
$6,000.00
SIX THOUSAND AND N0/100 DOLLARS
PA= C. Checking and Inspection Fee:
$ 300.00
THREE HUNDRED AND N0/100 DOLLARS
PART D. Indirect City Expenses:
$ 45.00
FORTY FIVE AND N0/100 DOLLARS
PART E. Development Maintenance Deposit: _
... $1,000.00
ONE THOUSAND AND N0/100 DOLLARS
P.A' F. Storm Drainage Fee:
$ 580.00
FIVE HUNDRED EIGHTY AND N0/100 DOLLARS
PARI' G. One Year Pcwer Cost: N/A
PART H. Street Trees: BY DEVELOPER
PART I. Map Checking Fee: $ 210.00
TWO HUNDRED TEN AND N0/100 DOLLARS
PART J. Park Fee: $9,720.00
NINE THOUSAND SEVEN HUNDRED TWENTY AND N0/100 DOLLARS
P_A= K. Water Main Extension Deposit: $1,630.00
ONE THOUSAND SIX HUNDRED THIRTY AND NO/100 DOLLARS
P_A= L. Maps and/or Improvement Plans: � N/A
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NOW, THEREFORE, IT IS HEREBY MUIUALLY P.GREID 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
conmany 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. INSTAL=ON A'T'TON 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 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. Me 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.
Whe_re,rer the words "State" or "California Division of Higi-nrays" 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 PERMIT
It is further agreed that the DE=PER 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 lying beneath
said project and DEVELOPER agrees to execute a "Quitclaim Iced 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 AM=MENT. The penal stmt 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
bowls 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 AM;E, I 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
Ate' 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 instrturent of credit meeting
the req i rLments of Goverment Code Section 66499 (b) or
(c) .
C. The amount of said cash, checks, certificate of deposit, or
instumment 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 sha11 fail faithfully to perform the covenants and conditions of
this ACS , 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 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
CI'T'Y, prior to execution of this ACR�, 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 stmt due and owing as a result thereof.
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEI=, indirect expense allocable to processing
these improvements, the arcunt as set forth herein at Page 2 (Part D).
- It is further agreed that the DEVELOPER shall deposit with CI'T'Y, prior
to execution of this AGR , for office checking of final map and
field checking of street imnuments, in corpliance 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).
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• ■ � • - is • ■ � r• « ■ a-•
It is further agreed that the DEVELOPER sha11 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 CI'T'Y, the unused balance will be returned
after the release of the improvement bonds.
10. STORM DRAYAGE FEE
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).
11. WATER MAIN EX'IINSION 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 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.
The amount shown herein at Part K, Page 2, shall be the full amount
12. 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
(Past G), which amount represents the power cost for street lights for one
year.
13. THE TNSTP L=0N OF ST= 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.
14. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or
dedicate such land to the CZ'I'Y, 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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15. M]A==1ANCE 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 irperfections 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 AGR=NT, a letter from the
stating that the DEVELOPER has entered into
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 DEVELOPER shall file with CITY, upon
execution of this AGRREEMIENT, 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.
18. CENTRAL FIRE DISTRICT
It is further
agreed
that the DEVELOPER shall
file with the CITY, upon
execution of this
AGREES T, a letter from the
Central Fire Protection
District of Santa
Clara
County, stating that the DEVELOPER has entered
into an AGPJM=
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.
ydrants.
19. PACIFIC GAS AND ==C/PA=C BELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric CcapaZy and/or to PACIFIC BELL Company 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
undexgrounding 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 BELT, Company that said fees are due and payable.
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20. E_7 MENTS AND RICHT'-OF-wWY
It is further agreed that any easement and right-of--vay necessary for
ccaTpletion 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-cf-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 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.
21. HOLD HARMLESS
It is further agreed that, ccmmencing 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 = 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.
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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 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 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.
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 nap.
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.
24. SUCCESSORS
This AGREEME T 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 W1E10F, 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 DEVUFiLLOPER has hereunto caused his name to be affixed
the day and year first above written.
Approved as to form:
vG
ity Attorney
14 ••� 101M,'1-M11C•ii
l/
Ci Clerk
DEVEL OPE P :
4
L
State of ___California On this the 11th day of January 19-88, before me,
SS.
County of _ Santa Clara Helen K. Yates
the undersigned Notary Public, personally appeared
Craig Clark
;wl � CKh�('i0�i1dR90�C1'' 0�' L1(9&+(%L�OG�Q.N�UGinLX9G+OC�c
E" OFFICIAL SEAL' personally known to me
HELEN K. YATES El proved to me on the basis of satisfactory evidence
NOTARY PUBLIC - CALIFORNIA o be the person(s) whose name(s) he subscribed to the
C SANTA CLARA COUNTY ithin instrument, and acknowledged that he executed it.
a H My Commission Exptret May 10, 1991 ITNESS my and and official seal.
_ �iG�chc+�cx9cxscxst�ct��Gxsc�c�cx��9C�
Notary' Signature
GENERAL ACKNOWLEDGMENT FORM 7110052
EXHIBIT "A"
DEDICATION
A strip easement over lot 56 as, said lot is described on "Map of Subdivision
'A' Monta Vista", filed for record @ Book 'P' of Maps, Page 20. Said strip
easement more particularly described in the following:
A strip of land 5.0' in width, measured @ right angles, said strip being the
most southerly 5.0 of said lot 56. The northerly line of easement is 25.0'
from the center line of Hermosa Avenue.
RESOLUTION NO. 7417
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING PARCEL MAP AND IriIPROVEMENT PLANS OF PROPERTY
LOCATED HERMOSA, AVENUE
DEVELOPER CRAIG CLARK
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING
SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS
WHEREAS, there has been presented to the City Council for approval of the
parcel map and improvement plans of property located Hermosa Avenue by Craig
Clark; and
WHEREAS, there has been presented to the City Council a proposed agree-
ment for the construction of streets, curbs, and gutters, and for other improve-
ments, and good and sufficient bonds (letter of credit), 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 parcel map and improvement plans herein referred to are hereby
approved.
b. The offer of dedication for street areas and all easements is hereby
accepted.
C. The City Engineer is hereby authorized to sign said improvement plans.
d. The City Engineer and the City Clerk are hereby authorized to sign
said parcel map and have it recorded.
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 this day of _February 1988, by the following
vote:
Vote Members of the City Council
AYES: Johnson, Koppel, Plungy, Rogers, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
_/s/ Dorothy Cornelius
City Clerk
/s/ John Gatto
Mayor, City of Cupertino
Resolution No. 7417
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Single-family Dwelling
Craig Clark
LOCATION: Hermosa Avenue
A. Faithful Performance Bond:
$
6,000.00
SIX THOUSAND AND N0/100 DOLLARS
B. Labor and Material Bond:
$
6,000.00
SIX THOUSAND AND N0/100 DOLLARS
C. Checking and Inspection Fee:
$
300.00
THREE HUNDRED AND N0/100 DOLLARS
D. Indirect City Expenses:
$
45.00
FORTY FIVE AND N0/100 DOLLARS
E. Development Maintenance Deposit:
$
1,000.00
ONE THOUSAND AND N0/100 DOLLARS
F. Storm Drainage Fee:
$
580.00
FIVE HUNDRED EIGHTY AND N0/100 DOLLARS
G. One Year Power Cost:
N/A
H. Street Trees:
BY DEVELOPER
I. Map Checking Fee:
$
210.00
TWO HUNDRED TEN AND NO/100 DOLLARS
J. Park Fee:
$
9,720.00
NINE THOUSAND SEVEN HUNDRED TWENTY AND N0/100 DOLLARS
K. Water Main Extension Deposit:
$
1,630.00
ONE THOUSAND SIX HUNDRED THIRTY AND NO/100 DOLLARS
L. Maps and/or Improvement Plans:
N/A