00-016 Impr. Agrmnt. 10325 Orange Ave~~
-
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RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NIIIIIIUIIIIIIIIII~IIIIWnII
Titles~l / Pages
Fees.... No Fees
Taxes...
Copies..
AMT PAID
3
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Attorney
RDE # 010
1/15/2002
248 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOV. CODE 6103
CERTIFICATE OF COMPLETION AND
NOTICE OF ACCEPTAl\~CE OF COMPLETION
THINH H. AND RiJBY T. NGUYEN
10325 ORANC:E AVENUE
APN 357••15-060
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Original
O For Fast Endorsement
1
CITY OF
CUPEI~TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
ANI)
NOTICE OF ACCEPTANCE 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 the municipal improvements
in conjunction with the following project:
THINH H. AND RLBY T. NGUYEN
10325 ORANGE AVENUE, APN 357-15-060
have been completed in accordance with the approved improvement plans and acceptance of
completion was ordered by the City Council on January 7, 2002.
--n„rd~u, u ~
Director of Public Works and
City Engineer of the City of Cupertino
Date: January 9, 2002
Printed on Rec~~c'ed Paper
AGREEMENT
10325 Orange Avenue
APN 357-15-060
~ ~ 1~~
This AGREEMENT made and entered into this/,~ day of~ ~1J99- , by and between
the CITY OF CUPERTINO, a municipal corporation of the Sta~Ce o~fornia, hereinafter
designated as CITY, and Thinh H. Nguyen and lE~uby T. Nguyen, hereinafter designated as
DEVELOPER.
WITNE,3SETH
WHEREAS, THE DEVELOPER has made application to the CITY to SECURE A
BUILDING PERMIT to construct Single Family Home hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications prepared for
the Project by K W Engineering, Inc. a true cop; of which improvement plans and
specifications are on file in the office of the City 1?ngineer of Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as though set out in
full;
NOW, THEREFORE, said improvement pl,~ns and specifications shall be hereinafter
called the "Plans", and the work to be done under the Plans shall be called the "Work".
Page 1 of 11
File No.: 52,175
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the
amounts of Bonds, Fees, and Deposits as set forth in the following schedule:
SCHEDULE OF BONDS. FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
110-2211
PART B. Labor and Material Bond:
Off-site:
On-site:
$15,000.00
$ 2,000.00
$15,000.00
110-2211
PART C. Checking and Inspection Fee:
110-4538
PART D. Indirect City Expenses:
PART E. Development Maintenance Deposit:
110-2211
PART F. Storm Drainage Fee: Basin 2
Account #: 215-4072
PART G. One Year Power Cost:
110-4537
PART H. Street Trees:
PART I. Map Checking Fee:
110-4539
PART J. Park Fee: ZONE I
ACCT #: 280-4081
PART K. Water Main Reimbursement Fee:
110-4554
PART L. Maps and/or Improvement Plans
As Specified in Item #23
$ 1,515.00
N/A
$ 1,000.00
$ 166.00
$ 75.00
By Developer
N/A
N/A
N/A
Page 2 of 11
NOW, THEREFORE, IT IS HEREBY MUi,UALLY 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 AGREEMENT the DEVELOPER agrees to deliver a
properly executed grant deed to the CITY oi'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 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; s~iid 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. 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 period of time, the CITY, at its sole option, shall
be authorized to complete the Work, in wha~:ever manner the CITY shall decide. In the
event the CITY completes the Work, the CI"I'Y 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 exisl:ing ordinances and resolutions of the CITY
Page 3 ~~f 11
and in accordance with all plans, specificati~~ns, standards, sizes, lines, and grades
approved by the City Engineer. The Work :hall 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 meet: 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 of Public Works, California Department of
Transportation, State of California, and in a~:cordance with the specifications of the
Cupertino Sanitary District where applicably:.
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 s,~ecifications 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 shall comply with Section Three of Ordinance
No. 130 of the CITY by obtaining an excav~ition 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 ar.d time when the proposed excavation is to
commence.
4. QUITCLAIM DEED
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 Deed and Authorization" in favor of CITY, when presented to him for
signature.
5. BONDS AND OTHER SECURITY
A. Upon the execution of this AGREET~IENT, 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
Page 4 ~f 11
dedicated, and any improvements are to be made under this AGREEMENT. In the event
that improvements are to be made under thl:s AGREEMENT, the DEVELOPER shall, in
addition to said faithful performance, file v~~ith 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 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 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 furnished the CITY with a surety bond. In the event
that the DEVELOPER shall fail faithfully t~~ perform the covenants and conditions of this
AGREEMENT, or to make any payment, o:- 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.
Schedule for bond and insursince release for paper bonds are as follows:
A. Release of 90 percent of the faithful performance bond
upon acceptance by Cite Council
B. Release of the remaining 10 percent of the performance
bond at one year from a~~ceptance after all deficiencies have been
corrected and in the abs~;nce of any claim against such bond.
C. Release of the entire labor and material bond at six months
from acceptance after all deficiencies have been corrected and in the
absence of any claim against such bond.
Page 5 of i l
D. Liability insurance, provided by the developer to hold the City
harmless in the event of liability arising 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.
2. Schedule for Bond and Insurance Release for Cash, CD, Set-Aside Letter
are as Follows:
A. Release of 45% of bond upon acceptance by City Council.
B. Release of additional 45% at six months from acceptance
after all deficiencies have been corrected and in the absence of any
claim against such bond.
C. Release of r~:maining 10% at one year from date of
acceptance after all deficiencies have been corrected and in the absence
of any claim against such bond.
D. Release of the liability insurance, provided by the developer or
contractor to hold the City harmless in the event of liability arising
from the subject project, at the end of one year if all deficiencies have
been corrected and in thy; absence of any claims against such insurance.
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 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 (Pant C.). Should construction cost vary materially
from the estimate from which said sum is c2.lculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
7. 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).
Page 6 of 11
8. MAP CHECKING 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 I).
9. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall 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 1:he surety bonds or other security permitted
under paragraph S.B 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 surety bond or other
security permitted under paragraph S.B.
10. 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 F).
11. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER fizrther 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 due.
12. 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 G), which amount represents
the power cost for street lights for one year.
Page 7 of 11
13. 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 conform~ince 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 Section 18-1.602 Park Land Dedication,
Cupertino Municipal Code, and which is further stipulated under Part J, Page 2 herein.Fees
are also in accordance with action adopted Icy the City Council on March 19, 1991 and
Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code.
15. 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 Pl:ins 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 ari;~ing out of or due to faulty workmanship
and/or materials appearing in said Work.
16. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon execution of this
AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER
has entered into a separate AGREEMENT vrith the said District to install sanitary sewers
to serve all lots within said Project and stati~ig 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 15 above
has been filed.
17. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon execution of this
AGREEMENT, substantial evidence that gill provisions of Section 66493, Article 8,
Chapter 4 of the Government Code, pertai~iing 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
AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County,
Page 8 ~~f 11
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.
19. PACIFIC GAS AND ELECTRIC/PACIFIC :BELL
It is further agreed that the DEVELOPER shall 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
DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric
Company and/or Pacific Bell Company that said fees are due and payable.
20. 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 tl:.e 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 tha~: 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, commencing 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, 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.
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
Page 9 of 11
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. S~iid 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 o~~currence 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 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 pclicies.
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 th~~ 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 pit 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) ~~r (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 CITY shall equally apply to municipality and political subdivision.
23. MAPS AND/OR IMPROVEMENT PLAN:
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.
Page 10 of 11
B. A mylar sepia and ten (10) prints of fully executed improvement plans.
C. A direct duplicating silver negative microfilm aperture 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.
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and
transferees of the DEVELOPER. The assig~unent of this AGREEMENT shall not be
made without approval by the City Council ~~f the City of Cupertino.
IN WITNESS WHEREOF, CITY has cause~3 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.
Approved as to form:
City Attorney
CITY OF CUPERTINO:
Mayor
Ci~Y~'~l
City Cle
DEVELOPER:
~~
Thinh H. Nguyen
L~~C
c - ~~~L
uby T. Nguye
Notary Acknowledgment Required
Exhibit A Attached
Page 11 of 11
CALIFORNIA ALL-PURPOSE ACKNOWLEbGMENT
~~y.»'~~;~yy ?~~~~ ~/~ No. 5907
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,
:~. State Of _ California
( County Of Santa Clara
:)
I;
:, On _~~nuarv 13. 2000 before me, wai 1,ing Chu
~ ~
ii DATE NAME, TITLE OF OFFICER • E.G., 'JANE DOE, NOTARY PUBLIC' ~
' personally appeared Thinh H. Nguy en and Ruby T. Nguyen
(~
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_
[ ]personally known to me - OR
(X~
NAME(S) OF SIGNER(S) '
~ - proved to me on the basis of satisfactory evidence
to tie tf~e person(s) whose name(s) is/are
subscribed to the within instrument and ac-
~, knowledged to me that he/she/they executed
~~ the same in his/her/their authorized
`~
~ capacity(ies), and than by his/her/their '
~ signature(s) on the instrument the person(s),
.;i or i:he entity upon behalf of which the
~+
~~ per:~on(s) acted, executed the instrument.
WAI LING CHU
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COMM. # 1243238
~' NOTARY PUBLIC
~ ' ° CALIFORNIA ~
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WITNESS my hand and official seal.
`-( SANTA CLARA COUNTY "°
~""°'°~ EXPIRES DEC. 1, 2003 ~
~
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SIGNATURE OF NOTARY ~~
OPTIO~JAL •
TI)ough 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
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^ CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TInE(s)
^ PARTNER(S) ^ LIMITED
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SIGNER IS REPRESENTING:
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U 15J3 NATIONAL (JO I AHY ASSOCIATION • &236 Nnmmer Ave., P.O. Box 7184 • Canoga Park, CA 9130971 B4