04-088 Improvement Agreement, 10568 San Leandro Blvd
,, .~ 1
CITY OF
CUPEI~TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408)777-3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF~ COMPLETION
AND
NOTICE OF ACCEPTAI\fCE OF COMPLETION
NOTICE IS HEREBY GNEN THAT I, Ralph A. Qualls, Jr., Director of Public Works
and City Engineer of the City of Cupertino, California, do hereby certify that certain municipal
improvements in conjunction with the following f~roject:
LYNN M. CHING
10568 SAN LEANDRO AVENUE, APN 357-05-029
have been completed in accordance with the approved improvement plans and acceptance of
completion was ordered by the City Council on March 7, 2006.
,~dKYf. D t a- •
~q~~ Director of Public Works and
City Engineer of the City of Cupertino
Date: March 9, 2006
Printed on Rec.icled Paper
AGREEMENT
10568 San Leandro Avenue
APN 357-OS-029
This AGREEMENT made and entered into this C7~~ day of ~c~l , 2004, by and between
the CITY OF CUPERTINO, a municipal corporation of the State of CaYifornia, hereinafter
designated as CITY, and Lynn M. Ching, an un married woman hereinafter designated as
DEVELOPER.
WITNESSETH
WHEREAS, THE DEVELOPER has made application to the CITY to SECURE A
BUILDING PERMIT to construct a single family dwelling hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications prepared for
the Project by SMP COMPANY, a true copy of which 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, THEREFORE, 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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Page 1 of 10
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the
amounts of Bonds, Fees, and Deposits as set fortr~ in the following schedule:
SCHEDULE OF BONDS. FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: Off-Site: $11,570.00
110-2211
PART B. Labor and Material Bond: Off-Site $11,570.00
110-2211
PART C. Checking and Inspection Fee: $2,385.00
110-4538
PART D. Development Maintenance Deposit: $1,000
110-2211
PART E. Storm Drainage Fee: Basin 2 paid
Account #: 215-4072
PART F. One Year Power Cost: $75.00
110-4537
PART G. Street Trees -By Developer $500.00
PART H. Map Checking Fee: N/A
PART I. Park Fee: ZONE II $15,750.00
ACCT #: 280-4082
PART J. Water Main Reimbursement Fee: N/A
110-4554
PART K. Maps and/or Improvement Plans N/A
As Specified in Item #21
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Page 2 of 10
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties
hereto as follows, TO WIT:
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 dedicati~~n.
(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 ~;ncumbrances 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 AGREEMEI~TT, 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 I~eriod of time, the CITY, at its sole option, shall
be authorized to complete the Work, in wh~itever 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. No final inspection
shall be granted or street improvements shall not be accepted unless all the requirements
for safety purposes are installed such as sidewalks, handicap ramps, street lights, etc.
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
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Work shall be done in accordance with exi~;ting 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.
C. It is further agreed that the Work sh;~ll be done in accordance with the most current
Standard Specifications of the Department ~~f 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 <<s referring to the CITY of Cupertino; also
wherever the "Director" or "Director of Pu~~lic 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 DEVELOPER s]~all 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, oi• 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 acid time when the proposed excavation is to
commence.
4. QUITCLAIM -DEED
It is further agreed that the DEVELOPER, `~vhen 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 proje~:t and DEVELOPER agrees to execute a
"Quitclaim Deed and Authorization" in favor of CITY, when presented to them for
signature.
5. BONDS AND OTHER SECURITY
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A. Upon the execution of this AGREE1vIENT, 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 are 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 sum adequate to assure full payment cif 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 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 faithful performance surety bond, the DEVELOPER may elect to secure
this AGREEMENT 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 :hall be the equivalent to that which would have
been required had the DEVELOPER furnis]7ed the CITY with a faithful performance surety
bond. 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 may apply the proceeds of said security
thereto.
D. No release of surety bond, cash dep~~sit, check, or certificate of deposit, shall be
made except upon approval of the City Council.
1. Schedule for bond and insurance release for all sureties are as follows:
A. Release of 90 percent of the faithful performance bond upon
acceptance by City Council
B. Release of the rem~iining 10 percent of the performance bond at
one year from acceptance after all deficiencies have been corrected and
in the absence of any cl~rim against such bond.
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C. Release of the entire labor and material bond at six months from
acceptance after all defi~~iencies have been corrected and in the absence
of any claim against such bond.
D. Liability insurance, provided by the developer to hold the City harmless
in the event of liability ~~rising from the project, to be retired at the end
of one year if all deficiencies have been corrected and in the absence of
any claim against such insurance.
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 CITE.' in connection with said Project, and that
DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT,
the amount as set forth herein at Page 2 (Part C.). Should construction cost vary materially
from the estimate from which said sum is c,~lculated, the City Engineer shall notify
DEVELOPER of any additional sum due acid owing as a result thereof.
7. MAP CHECKING FEE -NOT APPLICABLE
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: l_ of Ordinance No. 47 (Revised 12/04/61) of
CITY, the amount as set forth herein at Page 2 (Part H).
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the developer shall lay to the City, prior to execution of this
agreement, the amount set forth at page 2 (fart D) as a development maintenance deposit
to insure copies of approved plans are madf; for the files of the City in accordance with
Item 21 of this agreement. The balance of the deposit shall be released in conjunction with
the release of the remaining 10% of the original bond.
9. STORM DRAINAGE 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 the 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 E).
10. WATER MAIN EXTENSION DEPOSIT -NOT APPLICABLE
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
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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 J, Page 2, shall be the full amount due.
11. ONE YEAR POWER COST -
It is further agreed that the DEVELOPER shall pay to the CITY prior to execution of this
AGREEMENT, the amount as set forth herein at Page 2 (Part F), which amount represents
the power cost for street lights for one year.
12. THE INSTALLATION OF STREET TRE1=;S
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.
13. 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 Section 18-1.602 Park Land Dedication,
Cupertino Municipal Code, and which is further stipulated under Part I, Page 2 herein. Fees
are also in accordance with action adopted ley the City Council on March 19, 1991 and
Chapter 14.05 or Section 18-1.602 of the C~.zpertino Municipal Code.
14. 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.
15. SANITARY DISTRICT
It is further agreed that the DEVELOPER s',hall file with CITY, upon execution of this
AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER
has submitted plans for review by the District and that sanitary sewers are available to
serve all lots within said Project.
16. GOVERNMENT CODE
File No.: 52,386
Page 7 of 10
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.
17. PACIFIC GAS AND ELECTRIC/PACIFIC I3ELL
It is further agreed that the DEVELOPER shill pay to Pacific Gas and Electric Company
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 undergrounding as provided. in Ordinance No. 331 of CITY when are
notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific
Bell Company that said fees are due and pay~lble.
18. EASEMENTS AND RIGHT-OF-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 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.
19. HOLD HAF:MLESS
It is further agreed that, commencing with the performance of the Work by the
DEVELOPER or his contractor and contimiing 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, d:~rriage 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, except to the extent any of the foregoing is
caused by the negligence or willful misconduct of the CITY or the CITY's agents,
employees and independent contractors.
20. INSURANCE
It is further agreed that: The DEVELOPEF: 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
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individually and collectively, and the officers, agents and employees of the CITY
individually and collectively, as insured. S;~id 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 oi'said DEVELOPER. Both bodily injury and
properly damage insurance must be on an occurrence basis; and said policy or policies shall
provide that the coverage afforded thereby :>hall be primary coverage to the full limit of
liability stated in the declarations, and if they city, its members of the City Council
individually and collectively, and the officers, agents, and employees of the CITY,
individually and collectively, have other in~:urance against the loss covered by said policy
or policies, that other insurance shall not be called upon to cover a loss under said
additional policy.
The insurance carrier shall provide proof of~ their ratings. All ratings shall be a minimum
of "Best A-7" in accordance with ABAG policies.
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 accoutrt 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. The CITY shall be shown as additionally insured
on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or
(Form B) Endorsement provided along with the evidence of said foregoing policy
of policies of Insurance.
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 (:ITY shall equally apply to municipality and
political subdivision.
21. MAPS AND/OR IMPROVEMENT PLAN,3
It is further agreed that the CITY shall obtain the following map and/or plans at the
DEVELOPER'S expense:
A. A mylar blackline and five (.~) prints of fully executed parcel map.
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B. A mylar blackline and twelve (12) prints of fully executed improvement
plans.
C. A scan in raster format 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 21.
22. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and
transferees of the DEVELOPER. The assignment of this AGREEMENT shall -not be
made without approval by the City Council of the City of Cupertino.
IN WITNESS WHEREOF, CITY has cause:d 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 their names to be affixed the day and year first above written.
CITY OF CUPERTINO:
Notary Acknowledgment Required
Exhibit A Attached
Ma
l'~ c-G~'•~~l
City r
DEVELOPER:
M Vh C~~--~-,-~ ,
Lynn .Ching
File No.: 52,386
Page 10 of 10
Approved as to form:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
COUNTY OFALIF_~-~'~^ C. } SS
On _~~ ~~,T~~~ before me, ___~
personally appeared
personally known to me
CHERYL Y. CHING
a COMM. 1333494 ~
G7 NoTAav weuc - cAUFOpNU ••,
SANTA CLARA COUNTY ~+
NeVLMI G~yNI DEC. 6, 2006
NAME(S)• F SI ER(S)
- OR -proved to me on a basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of
which the per:~on(s) acted, executed the instrument.
WITNESS my hand and official seal.
SI NATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S)
LIMITED or GENERAL
ATTORNEY-I N-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS( OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
~u _ _
NUMBER OF PAGES
~ 1?~~ I ~~~ __
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE