Portal Park School Site
LANDSCAPE ARCHITECT AGREEMENT
THIS AGREEMENT made as or the
ßÔ
day or
;/U/I/&
, 1966, by and between the CITY OF
CUPERTINO, a municipal corporation, hereinarter called
the "City", and ALAN E. RIBERA and JOHN C. SUE, a partner-
ship employing licensed landscape architects, with its
principal place or business in Berkeley, Calirornia, here-
inarter called the "Landscape Architect".
WIT N E SSE T H :
WHEREAS, the City intends to construct a land-
scaped park at a site known as Park #3 in the City or
Cupertino, hereinarter called the "Project" (Portal Site).
NOW, THEREFORE, the City and Landscape Architect
ror the consideration hereinarter set rorth agree as rollows:
1.
Subject to the provisions of this Agreement,
the Landscape Architect agrees to perform in connection with
the above-named work, professional services as hereinafter
set rorth, and the City agrees to pay the Landscape Architect
for such services based on the Calirornia Council of Land-
scape Architects Schedule of Fees for Professional Services,
October, 1959, which is attached hereto, marked Exhibit "A",
incorporated herein and made a part hereof by this reference,
a sliding scale.
II.
The Landscape Architect's services shall con-
sist of the following:
A.
All conrerences with the City Manager,
Recreation Director, City Engineer, Recreation
Commission and the City Council deemed neces-
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sary by Landscape Architect or as requested
by City or its starr.
(This shall include
up to three public presentations or meetings.)
B.
Preparation or the site utilization plans
and preliminary estimates; preparation or
master plan drawings and or obtaining approval
or said plans, estimates and drawings by said
City and other public agencies or which such
approval is required.
C.
Preparation or working drawings and speci-
rications; including the rurnishing or all
structural, mechanical, electrical, and the
contract documents appertaining to the project;
preparation or scale details required to de-
lineate properly the working drawings; obtain-
ing approval or said working drawings, spec i-
rications and details by all public agencies
or which such approval is required; and prep-
aration or a revised' estimate or cost based
upon the completed plans and specirications.
III.
Payments to the Landscape Architect on account
or the ree shall be made, as rollows:
A.
Upon the execution or this a~eement a
retainer equal to ten percent (10%) or the
basic ree rate computed upon the preliminary
estimate or the cost or the work;
B.
When the site utilization plan and rirst
estimate have been completed and approved by
the City Councilor the City or Cupertino; the
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progress payment sufficient to increase the
total of the payments on account of the fee
equal to twenty-five per cent (25%) of the
basic rate computed upon the preliminary
estimate of the cost of the work;
C.
When the Master Plan drawings and revised
preliminary estimate have been completed and
approved by the City Council of the City of
Cupertino, a progress payment sufficient to
increase the total of the payments on account
of the fee to thirty-five per cent (35%) of
of the basic rate computed on the accepted
revised preliminary estimate;
D.
When the working drawings have been de-
veloped to the extent of approximately fifty-
five per cent (55%) of completion, a progress
payment sufficient to increase the total of
the payments on account of the fee to fifty
per cent (50%) of the basic rate computed
upo~ the accepted revised preliminary estimate;
E.
When the working drawings and specifications
have been completed and approved by the City
Council of the City of Cupertino, a progress
payment sufficient to increase the total of
the payments on account of the fee to seventy-
five per cent (75%) of the basic rate computed
upon the accepted revised estimated cost of
the work;
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F.
After the contract for the construction
has been let and during the execution of the
work, payments shall be made to the Landscape
Architect monthly in proportion to the progress
of the work until the aggregate of all payments
made on account of the fee under this Article
shall be a sum equal to the basic rate, com-
puted upon the final actual cost of the work.
IV.
The execution of this Agreement shall consti-
tute the Landscape Architectls authority to proceed immediately
with the work described in Article II, paragraphs A, B, and C
above.
V.
The City shall:
A.
Provide full information as to its require-
ments for the project;
B.
Designate, when necessary, representatives
authorized to act on its behalf.
The City shall
observe the procedure of issuing orders to con-
tractors only through the Landscape Architects;
C.
Upon the written request of the Landscape
Architect, the City shall, so far as the work
under this Agreement be required, at its own
expense, furnish the Landscape Architect with
the following information:
a.
Certified survey of the site, giving
as required, grades and lines of streets,
alleys, pavements, and adjoining property;
rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions,
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VI.
boundaries, and contours of the
building site; locations, dimensions,
and complete data pertaining to existing
buildings, other improvements and trees;
full information as to available service
and utility lines, both public and pri-
vate; and test borings and pits necessary
for determining subsoil conditions;
D.
Any soil test reasonable required by Land-
scape Architect.
E.
If the City observes or otherwise becomes
aware of any defect in the project, the City
shall advise the Landscape Architect.
The Landscape Architect shall:
A.
Periodically inspect the direction and
completion of said construction work to the
end that the work shall be constructed and
completed in strict conformity with the draw-
ings and specifications approved and adopted
therefor by the City Council of the City of
Cupertino.
B.
Order the correction or removal of all
defective work and materials and the removal
of all work and materials which do not strict-
ly conform to the drawings and specifications;
C.
Landscape Architect shall furnish advice
and consultation during construction and
reasonable supervision during construction
including approval of necessary certificates
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to City authorizing progress and rinal payment.
VII.
The Landscape Architect does not guarantee the
estimate or costs based on the rinal approved drawings and
specirications except that should the lowest bona ride bid
obtained within sixty (60) days rrom the date or approval of
the plans and specirications by the City Councilor the City
of Cupertino exceed such estimate by more than ten per cent
(10%), the Landscape Architect shall revise the drawings and
specirications to meet the approved estimate as the City may
direct, without cost to the City.
VIII.
The cost of the work of construction as
herein rererred to, means the cost as shown by the rinal audit,
but such costs shall not include any architect's or engineer's
fees or the salary of the inspector employed by the City, or
the cost of the surveyor tests; any architect's or engineer's
services requiring licensed professional services shall be
obtained by City at City's expense; Landscape Architect shall
recommend sub-contractors including architects or civil en-
gineers when they deem it in the best interests of the project;
provided, however, that in determining the progress payments
payable under the provisions of Paragraphs A to E, both in-
elusive, of Article III of this Agreement, the preliminary es-
timate or the accepted revised estimate, as the case may be,
shall be used in lieu or the actual cost or the work in com-
puting said progress payments.
IX.
The drawings and specifications are the property
of the City.
Landscape Architect will provide the City with
one set or reproducible tracings and 25 sets or specirications
thereof necessary for the proper execution of the work as re-
- 6 -
quired.
The cost to the Landscape Architect of additional
copies of the drawings and specifications shall be paid for
by the City at cost.
x.
The term of this contract and of the employment
of the Landscape Architect shall commence on the date of the
execution of this contract and continue at the pleasure of
the City and until notice of discontinuance and termination
of said contract and employment is given in writing by the
City to the Landscape Architect and in the absence of such
notice to continue until completion of said work; such
notice to be sufficient and complete when the same is de-
posited in the United States mail, postage prepaid, addressed
to the Landscape Architect at the following address:
2161 Shattuck Avenue
Berkeley, California
In the event of such termination, the City shall
pay to the Landscape Architect as full payment for all ser-
vices performed and all expense incurred in connection with
the unit of construction work heretofore described in this
Agreement an amount which bears the same ratio to the total
fee otherwise payable under this Agreement as the services
actually rendered hereunder by the Landscape Architect bear
to the total services necessary for the full performance of
this Agreement.
There shall be deducted from such amount,
however, all payments theretofore made by the City under this
Agreement to the Landscape Architect.
In ascertaining the
services actually rendered hereunder up to the daæof termin-
ation of this Agreement, consideration shall be given to both
complete work and work in progress of completion and to com-
- 7 -
plete any incomplete drawings and other documents whether
delivered to the City or in the possession of the Landscape
Architect.
For purposes or determining the ratio which the
services actually rendered bear to total services necessary
ror the rull perrormance or this Agreement, the work as de-
rined in Article III hereor shall have the rollowing values:
Site Utilization Plan
20%
15%
(a)
(b)
(c)
Master Plan
Working Drawings Specirica-
tions and Revised Estimate
and
Preparation or Bid Forms 45%
Supervision or Construction 20%
(d)
If, upon payment of the amount required to be paid
under this Article rollowing the termination or this Agreement,
the City should determine to complete the original project or
substantially the same project, the City ror such purpose shall
have the privilege or utilizing any drawings, specirications,
estimates and other contract documents prepared under this
Agreement by the Landscape Architect, who shall make them
available to the City upon request without additional compen-
sation.
XI.
City reserves the right to add to the plans of
the park at the time the rinal working drawings are accepted
by the City, provided such additions do not materially change
the work or the Landscape Architect already completed.
H
such change materially arrects the work or the Landscape
Architect already completed or the Landscape Architect is
caused extra drarting or other expense due to changes ordered
by the City arter such work is already completed, the City
will pay the Landscape Architect the actual cost of the addi-
- 8 -
tions so required, plus normal overhead and profit at a
sum equal to two and a half (2 1/2) times the direct
personnel expenses.
XII.
It is further mutually understood and
agreed by and between the parties hereto that the Landscape
Architect is skilled in the professional calling necessary
to perform the work agreed to be done by them under this
contract, and that the City, not being skilled in such
matters, relies upon the skill of the Landscape Architect
to do and perform their work in the most skillful manner
and Landscape Architect agrees to thus perform their work
and the acceptance of their work by City shall not operate
as a release of said Landscape Architect from said Agree-
ment.
XIII.
Neither the City nor the Landscape Archi-
tect shall assign, sublet or transfer their interest in this
Agreement without the written consent of the o~her.
XIV.
Whenever the context herein so requires the
singular includes the plural.
xv.
In the event the City authorizes the Landscape
Architect to proceed with working drawings and specifications
for only a portion of any unit of the work, then prior to
advertising for bids the City and the Landscape Architect
shall agree on the percentage which such portion of the unit
of work for which bids are to be requested bears to the entire
unit of the work, based on the revised estimate of cost of
such unit of the work.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed the day and year first above
- 9 -
:-
C,Ufo,";, lood nil, Ano,;";""
Standard Coverage Policy Form
COP";9'< 1963
POLICY
OF
TITLE
INSURANCE
ISSUED THROUGH THE OFFICE OF
First American Title Company of Santa Clara County
FIRST AMERICAN TiTlE INSURANCE & TRUST COMPANY, a California corporation, herein called the
Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of
which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs,
devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger
or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs,
attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions
and Stipulations hereof, which the Insured shall sustain by reason of,
1. Any defect in or lien or encumbrance on the title to the estate or interest
covered hereby in the land described or referred to in Schedule C, existing
at the date hereof, not shown or referred to in Schedule B or excluded from
coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability of such title; or
3. Any defect in the execution of any mortgage shown in Schedule B securing
an indebtedness, the owner of which is named as Insured in Schedule A, but
only insofar as such defect affects the lien or charge of said mortgage upon
the estate or intereST referred to in this policy; or
4. Priority over said mortgage, at the date hereof, of any lien or encumbrance
not shown or referred to in Schedule B, or excluded from coverage in Schedule
B or in the Conditions and Stipulations, said mortgage being shown in Sched-
ule B in the order of its priority;
all subject, however, to the Conditions and Stipulations hereto annexed, which
Conditions and Stipulations, together with Schedules A. B, and C are hereby made
a part of this policy.
In Witness Whereof, First American Title Insurance & Trust Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers, on the date shown in SCHEDULE A.
AUG 2:;
First American Title Insurance & Trust Company
BY~
PRESIDENT
ATTEST ~ ~
S~CRETARY
POLICY OF TITLE
INSURANCE
AFFILIATES:
AFFILIATES:
San Berna:dino
San Diego
San Luis Obispo
AMER.1C
~/þ
Bay Counties Title Guaranty Company
(San Fwncisco and Hedwood City)
First American Title Insurance
& Trust Company
(Main office, Santa Ana, California)
San Mateo County Title Company
(Menlo Pa:k, Redwood City, San Bmno and
San Mateo)
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(I)
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First American Title Company
Centml California (Bake:>field)
Rive:side
Sequoia Pacific Title Company
(Visalia- Tula:e Colloty)
Santa Ba:bam
Vent",a County (Oxna:d)
Arizona Title Insurance & Trust Company
(Main office, Phoenix)
First Title Insurance Company
(Main office, Las Vegas)
Nevada Title Guarånty Company
(Main office: Reno)
Orange County Title Company
(Santa Ana)
First American Title Insurance &: Trust Company
Security Title Company of Utah
(Main office, Salt Lake City)
SANTA
ANA
CALIFORNIA
C,I:!",:, L..d T:II, Auo,:,t:oo
St..d"d Co.",.' Pol:" Fo'm
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SCHEDULE B
San Jose 2002266
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
I.
Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records.
2.
Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof,
3.
Eðsements, claims of easement or encumbra nces which are not shown by the public records.
4.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which
a correct survey would disclose.
5.
Unpa1ented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
Part Two:
1. General and Special taxes for the fiscal year 1965-1966 a lien, not
yet payable.
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2ð~n JU5
WHEN RECORDED,
ptEASE MAIL THIS INSTRUMENT TO
S~ J. Anderson, City Attorn y
14457 Big Basin Way
Saratoga, California 95070
Recorded t th
FIRST AMER; e request of
OF SANTA ~~N TITlE CO.
AUG 2 !9;~~1~
PAU o-.-.A.M.
~ nt l R. rEItH, Recorder
\) < a Clara County, OHicial Recore/,
SPACE ABOVE THIS LINE FOR RECORDEIOS USE
~~x AP ~lñ-21-00~ CA
Escrow No. SJ 22ñ6-RL
PLACE INTERNAL REVENUE STAMPS IN THIS SPACE
GRANT
DIID
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOHN F. TORRE and VINCENT TORRE, JR.
. do
hereby
GRANT to
CITY OF CUPERTINO, a municipal corporation,
the real property in the Ci ty of Cupertino
State of California. described as:
County of
Santa Clara
LOTS 47 and 48 of' Map entitled "Monta Vista", as shown
on a Map recorded in Book "L", page 43 of Maps, Records
of' Santa Clara County, Calif'ornia.
Dated:
June 12, 1965
~ c~;, ~.
STATE OF CALIFORNIA }
COUNTY OF Santa Clara n.
On Tn""" 17, 1Q¡;C;,
bolo," me, the und...lgned, 0 Not..y Publ;, In end 10' "Id
Stete, penonolly oppe..ed John F. Torre
and Vjn~ent To~re, J~.
known to me to be the pe"on..B...- who.. neme~
lub",lbed to the within Inot.ument end "knowledged thot
they
exeMed the ..me,
~ITNESS my ~'T. r:::::z.., " ,
S'gnotu," ' I'~
n"vid To. Fletcher
Nome (Typed 0' P'inted)
DAVID L, FLETCHER
My Commission EJ:pìres March 25, \967
AUG ':: ~¡ 1965
(Th;,.... ¡'" o",dol note,;ol "01)
FORM 1002
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