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00-033 impr. agrmnt. 10191 Lebanon Dr ;s CITY OF CUPEI~TINO City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREB~~ GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, cio hereby certify that the municipal improvements in conjunction with the following project: MAXINE ERLUND & MIKE E. PHILLIPS, 10191 LEBANON DR., APN 342-14-010 have been completed in accordance with the approved improvement plans and acceptance of completion was ordered on December 16, 2002. ~ cl~uuc~S~- Date: December 30, 2002 Director of Public Works and city Engineer of the City of Cupertino Printed on Recycled Paper AGREEMENT 10191 Lebanon Drive APN 342;-14-010 This AGREEMENT made and entered into this 3L day of I~t,~c-c-h , i~_~ by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Maxine Erlund and Mike E. Phillips, hereinafter designated as DEVELOPER. WITNESSETH 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 Nelsen Engineering a true copy o F which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated her~:in 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". Page 1 of 11 File No.: 52,177 WHEREAS, pursuant to the provisions of this A~;~REEMENT, 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: Off-site: $ 5,000.00 110-2211 On-site: $ 2,000.00 PART B. Labor and Material Bond: $ 5,000.00 110-2211 PART C. Checking and Inspection Fee: $ 1,975.00 110-4538 PART D. Indirect City Expenses: N/A PART E. Development Maintenance Deposit: $ 1,000.00 110-2211 PART F. Storm Drainage Fee: Basin ~ $ 352.00 Account #: 215-407. PART G. One Year Power Cost: N/A 110-4537 PART H. Street Trees: By Developer PART I. Map Checking Fee: N/A 110-4539 PART J. Park Fee: ZONE I N/A ACCT #: 280-4081 PART K. Water Main Reimbursement Fee: N/A 110-4554 PART L. Maps and/or Improvement Plans As Specified in Item #23 Page 2 of 11 NOW, THEREFORE, IT IS HEREBY MUTUALLY 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 r 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 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 ~:ncumbrances except those as the CITY shall expressly waive in writing; :;aid 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 wh~itever manner the CITY shall decide. In the event the CITY completes the Work, the C]:TY 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 exi:;ting ordinances and resolutions of the CITY Page 3 of 11 and in accordance with all plans, specificat ions, 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 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 <<ccordance 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 ors 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 :>pecifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. EXCAVATION PERMIT It is further agreed that the DEVELOPER 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. 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. 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 fai~:hful 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 of 1 1 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 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 shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this 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 deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. Schedule for bond and insurance release for paper bonds are as follows: A. Release of ~~0 percent of the faithful performance bond upon acceptance by City Council B. Release of 1:he 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 t:he 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 11 D. Liability insurance., provided by the developer to hold the City harmless in the event oilliability 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 X15% of bond upon acceptance by City Council. B. Release of <idditiona145% at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of remaining 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 C ity 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 tl-e 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 C[TY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (P~irt 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 to processing these improvements, the amount as set forth herein at Page 2 (Part D). Page E. 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 ol~ 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 DEP~~SIT It is further agreed that the DEVELOPER :;hall 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 fault~~ workmanship and/or materials appearing in said work during the period until release ol~ the surety bonds or other security permitted under paragraph S.B by the CITY. Should the DEVELOPER complete the rea~uired 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 :;hall 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 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 sari 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 :?, 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 '1 of I 1 13. THE INSTALLATION OF STREET 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 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 '~y 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, up~~n 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 Worlc. 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 sanitary sewers and to insure maintenance of said sanitary sewer in conformance with th~° provisions as set forth in Paragraph 15 above has been filed. 17. GOVERNMENT CODE It is further agreed that DEVELOPER shill 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. 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 of I 1 stating that the DEVELOPER has entered. into an AGREEMENT with said District to install fire hydrants to serve said Project <<nd stating that all necessary fees have been deposited with said District to insure instillation 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 :end all fees required for installation of overhead and/or underground wiring circuits to all ~:lectroliers 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 ~:minent 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 th~it 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 Worlc 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 ~~ 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. 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 oil 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 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 account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with th.e 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 s;~tisfactory 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 coverer. 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 PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and seven (7) prints of fully executed parcel map. Page 10 of 11 B. A mylar sepia and ten (10) I~rints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperture card of all executed improvement plans and maf~. 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 assil;nment of this AGREEMENT shall not be made without approval by the City Council. of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to l:~e affixed the. day and year first above written. Approved as to form: I OF C P O: ;` ~, fir' ~' , Mayor X~ City rk DEVELOPER: Maxine Erlund Mike E. Phillips Notary Acknowledgment Required Exhibit A Attached Page 1 1 of 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDIaMENT State of C A L I F O R N I A County of SANTA CLARA On 31 .MARCH 2000. before me, ZI(zGIE DUDZIUK-NOTARY PUBLIC.----- Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared MAX I NE ERLUND, MI KE E.. PH I LL I PS . ----------------- , Name(s) of Signer(s) ^ personally known to me - OR proved to me on tl~e basis of satisfactory evidence to be the person(s) whose name(s) ' /are subscribed to the within instrument and ~tcknowled~d to me that tie/they executed the same in k~isfh-Qr/their authorized capacity(ies), and that by fir/their signature(s) on the instrument the person(s), ZIGGiE DUDZIUK3 or thE~ entity upon behalf of which the person(s) acted, V ~ ~ Comm. #1095789 executed the instrument. ARY PUBLIC - CAL.N~O~IY1~ SANTA CLARA COUNTY ~) Comm. Exp. Mey 17, 2000 ~ WITNESS rr1y hand ~uc~fficial seal. OP Though the information below is not required by la rov~ fraudulent removal and reattachment Description of Attached Document Title or Type of Document: A~RFFMFNT _ Document Date: to persons relying on the document an¢I could prevent form to another document. I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: individual Corporate Officer Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Signer's Name: Number of Pages: Individual Corporate Officer Title(s): Partner - ^ Limited ^ General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing Top of thumb here ©1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 OZI~ •` RESOLUTIOly NO.00-117 ~`~' A RESOLUTION OF THE CITY COUI`1CIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, MAXINE ERLUND AND MIKE E. PHILLIPS, 10191 LEBANON DRIVE, APN 342-14-010 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Maxine Erlund and Mike E. Phillips, for the installation of certain municipal improvements at 10191 Lebanon Drive and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVI?D THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement 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: /s/Kimberly Smith City Clerk APPROVED: /s/John Statton Mayor, City of Cupertino Resolution No. 00-117 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single Family Home Maxine Erlund and Mike E. Phillips LOCATION: 10191 Lebanon Drive, APN 342-14-010 A. Faithful Performance Bond: Off-site: $ 5,000.00 On-site: $ 2,000.00 FIVE THOUSAND AND 00/100 DOLLARS B. Labor and Material Bond: $ 5,000.00 FIVE THOUSAND AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 1,975.00 ONE THOUSAND NINE HUNDRED SEVENT`H'-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: $ 352.00 THR EE HUNDRED FIFTY-TWO AND 00/100 DO LLARS G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: N/A K. Water Main Reimbursement: N/A L. Maps and/or Improvement Plans: As specified in Item #23 of agreement