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00-030 impr. agrmnt. 22751 Mercedes Rdr AGREEMENT 22751 Mercedes Road APN 342-44-010 200 This AGREEMENT made and entered into this ~ day of~~, ~9_, by and between the CITY OF CUPERTINO, a municipal corporarion of the State of California, hereinafter designated as CITY, and Kamran Sarmadi and Mosallie Maryanm, hereinafter designated as DEVELOPER. WITNE~SSETH WHEREAS, THE DEVELOPER has made application to the CITY to SECURE A BUILDING PERMIT to construct Single Famil Home hereinafter referred to as "Project". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by NCSS & Associates 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 pl:~ns and specifications shall be hereinafter called the "Plans", and the work to be done under the Plans shall be called the "Work". Pale 1 of 11 WHEREAS, pursuant to the provisions of this ACrREEMENT, 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: 110-2211 PART C. Checking and Inspection Fee: 110-4538 PART D. Indirect City Expenses: PART E. Development Maintenance Deposil:: 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 II ACCT #: 280-4082 PART K. Water Main Reimbursement Fee: 110-4554 PART L. Maps and/or Improvement Plans As Specified in Item #23 Off-site: $43,500.00 $43,500.00 $ 2,175.00 N/A $1,000.00 $ 381.00 $ 75.00 By Developer N/A $15,750.00 N/A Page 2 of l 1 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicatt; 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 agree:; 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 AGREEMEPJ'T the DEVELOPER agrees to deliver a properly executed grant deed to the CITY o:f the real property described in Exhibit "A", and such other executed conveyances, or in:ctruments 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 standazd policy of title insurance issued by a title insurance company and insuring the CITY in the surri of: N/A, and which shall show said property free and cleaz of all liens or encumbrances except those as the CITY shall expressly waive in writing; staid 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 far 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 whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and ali costs incurred thereby from the DEVELOPER orthe-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 of I 1 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 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 applicabef;. 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 Pub:~ic Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifi~~ations 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 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. [t is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, v~rhen 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 AGREEMENT, 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 faitb.fiil performance bond shall be the full cost of any payment to be made under this AGREElV1ENT, the value of any land agreed to be n....... ~ _ri ~ 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 ~~f 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 Mate ofCaiifornia and. must be appro~ved~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 ar}3~ dedication ~f land, tjr any mprt~vemeni:s 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 T~~r neu of VEL to-<~;cure ~-Af i-~~~EMENT ,_ , 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 cert;f cafe-0f deposit, car instt~:tment ~f credit meeting fiherequirements of Government Code Section 6x3499 (b) or (cj. C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall beard .si natedby the-Cit~c 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 tc~ perform the covenants and conditions of this AGREEMENT, or to make any payment, oi• 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 Cowicil. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 9'0 percent of the faithful performance bond open-acceptance by City Council ~. Release of tt~e remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of file entire labor and material bond at six months from acceptance after alI deficiencies have been corrected and in the absence of any claim ag~~inst such bond. Page 5 of 11 .- 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 ag;~inst 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 additiona145% at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C, Release of re;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 the; 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 CITY in connection with said Project, and that DEVELOPER shall have deposited with CI'CY, 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 calculated, 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 t~~ processing these improvements, the amount as set forth herein at Page 2 (Part D). ~- 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::l 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 pxoper dust control and cleaning during the construction period. The development maintenance dep~~sit 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 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 ~~fter 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 chazge in connection with the said Project in accordance with the requirements established in Resolution 4422, Mazch 21, 1977, in the amount as set forth herein at Page 2 (Part F). 11. 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 9!30/77. The deposit shall be held by the CITY until said monies aze needed to implement improvements outlined by the Director of Pixblic 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 sb.all 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 o f 11 13. THE INSTALLATION OF STREET TREiES It is further agreed that the DEVELOPER :;hall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected: from the City approved list. 14. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within Section 18-1.602 Pazk Land Dedication, Cupertino Municipal Code, and which is further stipulated under Part J, Page 2 herein.Fees are also in accordance with action adopted by 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 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. 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 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 :unitary 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 ~~ll provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertavung to special assessments or bonds, have been complied with. 18. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER :>hall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has enteredi into an AGREEMENT with said District to install fire hydrants to serve said Project ~u~d stating that all necessary fees have been deposited with said District to insure inst<alation 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 <ind all fees required for installation of overhead and/or underground wiring circuits to all a;lectroliers within said property and any and all fees required for undergrounding as provi~~ed 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 aze required the CITY for the purpose of securing said eas:~ment 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 thar, 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 tl~e 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 miscondw;t of the DEVELOPER or the DEVELOPER'S agents, employees and independent contract~~rs, 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 oi'the City Council of the City of Cupertino individually and collectively, and the offcezs, 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 oc: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 declazations, 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 policies. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $140,000 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. The CITY shall be shown as additionally in:~ured 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 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 mylaz sepia and seven (7) :prints of fully executed parcel map. Dino i n ,.f r z B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver n~:gative microfilm aperture card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the developmentmaintenance 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 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 his name to b~~ affixed the day and year first shove written. Approved as to form: (l/~/'; l~~~ CI OF CUPERTINO: Mayor Ci lerk DEVELOPER: -~ Kamran Sarmadi ~~s_D~ M all a Marya~fm Notary Acknowledgment Required Exhibit A Attached :.... ANAHID SIMONIAN ~°~~ Comm, ~ 1099718 ''nn U~1 ~"~ NOTARY PUBLIC ~ CALIFORNIA Ul s .,~~ ~ ~ Los Angeles County r Pa a 11 of 11 ~ wx'-' My Comm. Ez fires June 5, 2000 g .rr:'iv~.m~+: WFIWV4VNt ALL-PURPOSE ACKNOWLEDGMENT State of California • ' + County of ~,~~, ~ ss. _ ~ ~ ~ 1 On ~i~U~_ before me,~ ur.?,~ ~ j ryyt t ~ t11GU'1 !~ ' ~ (DATE) ~ / ~ ' (NOTARY) /~ ~ ' personally appeared Kamt.~~t _~ 0 ~ I SIGNER(S) ' ^ personally known to me - OR- f~ proved to me on the basis of satisfactory f 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 • ' person(s) acted, executed the instrument. ' ' ~ ANAHID I S MONIAN WITNESS m hand nd ffi i l l ' • " Comm ~ 1099718 y . a o c a sea ' . ~~ pp to V] ~`~ ~ NOTARY PUBLIC ~ CALIFOAtJIA ~+' ' . ' los Angeles County ~ My Comm, €x ices dune 5, 2000 ~ ~ . ' • 1 NOTARY'S IGNATURE • I • OPTIONAL INFORMATION • ' The information below is not required by law. However, it could prevent fraudulent attachment of this aclmowl- ' • edgment to an unauthorized document. • ' • CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF TTAC D DOCUMENT ~ ' • INDIVIDUAL ~Nk~~ ' ! ^ CORPORATE OFFICER ~ t ~ ' E OR TYPE OF DOCUMENT ' TITLE(S) ' ^ PARTI~FER(S) 1 ^ ATTORNEY-IN-FACT . . ^ I ~ ~~~ ' TRUSTEE(S) ' ' N M ER F PAGES • ^ GUARDIAN/CONSERVATOR • ' ^ OTHER: ' ~ ' _L~ OC - oC ' DATE OF DOCUMENT ' SIGNER IS REPRESENTING: ' ! NAME OF PERSON(S) OR ENTITY(IES) i . OTHER . ~ J ._._._._._._._. _. _.._._. _._._._. _._. APA 1/94 VALLEY-SIERRA, 800-362-3369 ~~ O f~ U~ RESOLUTION NO.00-118 A RESOLUTION OF THE CITY COUr1CIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS KAMRAN SARMADI AND MOSALLIE MARYANM, 22751 M1=;RCEDES ROAD, APN 342-44-010 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino anti developers, Kamran Sarmadi and Mosallie Maryanm, for the installation of certain municipal improvements at 22751 Mercedes Road and said agreement having been approved by the Cit:/ Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agre;ement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17"' day of April, 2000, by the following vote: Vote Members of the C~ Council AYES: Burnett, Chang, Statton NOES: None ABSENT: James, Lowenthal ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/John Statton City Clerk Mayor, City of Cupertino Resolution No. 00-118 Page 2 EXHIBIT "A" SCHEDULE OF BOND, ]SEES, AND DEPOSITS DEVELOPMENT: Single Family Home Kamran Sarmadi anal Mosallie Maryanm LOCATION: 22751 Mercedes Road, APN 342-44-010 A. Faithful Performance Bond: Off-site: $ 43,500.00 FORTY-THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS B. Labor and Material Bond: $ 43,500.00 FORTY-THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 2,175.00 TWO THOUSAND ONE HUNDRED SEVENTH'-FIVE AND 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: $ 381.00 THR EE HUNDRED EIGHTY-ONE AND 00/100 DOLLARS G. One Year Power Cost: $ 75.00 SEVENTY-FIVE AND 00/100 DOLLARS H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: ~ $ 15,750.00 FIFTEEN THOUSAND SEVEN HUNDRED FIFTY AND 00/1 00 DOLLARS K. Water Main Reimbursement: N/A L. Maps and/or Improvement Plans: As specified in Item #23 of agreement