80-013eCupertino Sanitary District, Tract 6921, Three Oaks Subdivision"
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RETURN TO CITY!'
OF CUPERTINO i 0900 TORRE: AVE:
CUI"5:RTlNO, CA 950t41
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RESOLUTION NO. 5595
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND THE CUPERTINO SANITARY DISTRICT PROVIDING
.. FOR SANITARY SEl.J'ER FACILITIES FOR TRACT 6921, THREE OAKS
SUBDIVISION •
WHEREAS, the City of Cupertino desires to construct certain sanitary
sewer facilities in Tract 6921, Three Oaks Subdivision on Shadowhill'Lane
at Candlelight Way; and.
WHEREAS, there has been presented to the City Couneil an agreement
between the Cupertino Sanitary District and the City of Cupertino providing
for the construction of said sanitary sewer facilities; and'
WH~REAS, the terms and pr~visions of said agreement have been approved
by the Director of Public Works and the City Attorney; .
NOW, THEREFORE, .BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute said agreement herein referred to in behalf
of the City of Cupertino.
PASSED AND ADOPTED at a reg~ar meeting of the City Council of the
City of Cupertino this 6th day of April , 1981 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
lsi Ba~bara A. Rogers
Mayor, City of Cupertino
ATTEST:
lsi Dorothy Cornelius
THIS tS TO CERTIFY TH"i -, '-: WITHIN
INSTRUMENT IS A TRUE AND Cl.1;~RECT COpy
OF "HE ORI[3INAL ON FILE IN Tf'i!8 QFFlCE.
.~~L.....L,+-_~' .'-,& City Clerk
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INSTALLER'S
AGREEMENT --------
WITHOUT REIMBURSEMENT
THIS AGREEMENT, made this 6th day of ____ M=a""Y _______ , 198~.
between the CUPERTINO SANITARY DISTRICT, SANTA CLARA COUNTY, CALIFORNIA, a public
corporation, duly organized and existing under Part I Division 6 of the Health and
Safety Code of the State of California, hereinafter called "District", and the
CITY OF CUPERTINO
hereinafter called "Installer";
WIT N E SSE T H:
WHEREAS, Installer is the owner of that certain real property designated as
Parcell on the map marked Exhibit "A" hereto attached and by reference incorporated
herein;
WHEREAS, District is the OWner and operator of a certain sanitary sewerage
system of which the exis ting main sewer shown on said Exhibit "A" is a part; and
WHEREAS, Installer-desires to construct certain sanitary sewer facilities to
serve said Parcel 1 and to connect to said existing main sewer of District and has
presented to the Sanitary Board of the District plans, profiles and specifications ,
therefor which said plans, profiles and specifications have been approved by the
District Engineer and by the Sanitary Board of the District;
NOH. THEREFORE, IT IS AGREED. as follows:
!Oat in consideration of the mutual promises and conditions hereinafter declar-
ed and entered into hereby by the parties hereto, the parties do covenant and promise
as folloys:
1. SEWER LINE CONSTRUCTION: Installer shall install, or cause to be installed,
said sanitary sewer facilities necessary to serve said Parcel-I in strict accordance
with the plans, profiles and specifications approved by District along the route or
routes delineated on said Exhibit "A".
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2. INSPECTION: Installer further hereby agrees to provide and assure said
-District and its employees and any person or persons designated by it the right to
inspect said sanitary sewer facilities and the plans, materials and work thereof at
any reasonable time or times before, during or after such are installed.
3. LANDS, EASEMENTS OR RIGHTS OF WAY: In the event that any lands or easements
are required for the extension of the public sewers, the construction of any improve-
ments, or the making of connections, Installer shall, at his sole cost and expense and
at no cost or expense to District, procure, or cause to be procured, and have accepted
by the District a proper deed, easement or grant of land or right of way sufficient in
law to allow the construction and maintenance of such improvements, extension or con-
nection.
Installer further warrants that previous to the time of the execution of such
conveyance to District, Whether by deed, easement or grant of land Or right of way, the
Grantor has not conveyed the same estate or interest, or any right, title or interest
therein, to any person other than the District; and that such estate or interest is, at
the time of the execution of such conveyance, free from encumbrances done, made or suf-
fered by the Grantor or any person claiming under Grantor or Installer.
4. PAY~NT BY INSTALLER: Installer further hereby agrees to pay any and all
costs in connection with the construction of said sewer facilities, including, but not
limited to, materials, work, inspection, supervision, legal, engineering, recording and
all incidental expenses therefor, and all other rates and charges established by District
before acceptance thereof by District. Installer further agrees that District may, with-
out further recourse to Installer, pay any of the above-listed expenses, or make pay-
ments applying on said expenses from the deposit made pursuant to Section 7 hereof.
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5. FAITHFUL PERFORMANCE: Installer agrees to cause said sanitary sewer
facilities to be constructed and completed in accordance with the plans and speci-
fications therefor, as approved by District. Installer further agrees to guarantee
remedy of any defects in the sanitary sewer work which shall appear within a period
of One (1) year from the date of final acceptance of the work by the District and
pay for any damage to other work resulting from the construction of said sanitary
sewers, as well as paying the cost of all labor and material involved.
6. CONNECTION FEES: Installer shall pay to District, prior to execution of this
agreement by District, all applicable acreage, front-footage and additional dwelling unit
connection fees as defined in the District's Operations Code. The District Engineer shall
calculate and notify Installer of the amount of the connection fees applicable to the
subject property.
7. DEPOSIT: Installer hereby agrees to deposit, in cash, with District, prior to
execution of this agreement by District, a sum to be determined by District in accordance
with its.current schedule of fees. Said sum to be deposited is to be used by District to
pay for the District's costs for examination of plans, checking of specifications, inspec-
tion and other similar engineering charges, together with all costs of administration,
supervision, legal, recording and other incidental expenses in connection therewith. Any
balance of said sum remaining on deposit after payment of all such charges and costs shall
be refunded to Installer. No interest shall be paid by District on the money so refunded.
If such deposit is insufficient to pay all such charges and costs, Installer hereby agrees
to pay all such charges and costs in excess of the sum so deposited prior to the acceptance
of said sanitary sewer improvements by District.
8. COMPLIANCE WITH ORDINANCES, RULES AND REGULATIONS: Installer shall comply
with all District ordinances, rules and regulations, as nOw or hereafter amended. In-
staller must also comply with all State, County and other agency regulations, rules and
ordinances affecting, in any manner, the construction of sanitary sewer facilities, and
shall obtain any and all necessary permits and shall pay all fees and charges relating
thereto or required therefor.
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9. TRANSFER OF TITLE: Upon completion of the construction of said sanitary
sewer facilities by Installer and final approval thereof of District, title to said
facilities shall be transferred and conveyed to District. In furtherance thereof,
Installer shall execute any .and all documents deemed necessary by District for tra'ns-
ferring of title thereto simultaneously with the execution of this agreement but to
become effective as hereinafter provided. The documents shall thereupon be deposit-
ed with the Secretary of said District, in trust, with instructions to deliver same
to District upon its approval of said sewer facilities as constructed, it being the
intention of the parties hereto that such transfer of title shall become effective
only upon the final acceptance of said sanitary sewer facilties by the Sanitary Board
of District. Installer waives any and all right or claim he may have to or for any
other consideration from District for said transfer of title, except as is otherwise
provided by this agreement.
10. INDEMNIFICATION: Installer shall indemnify and hold the District, the Dis-
trict Engineer, Mark Thomas & Co. Inc., the County of Santa Clara and the City in
which the referred to real property is situated, their officers, agents and employ-
ees, free and harmless from any liability or claim of liability for costs and expenses
incurred, directly or indirectly, by Installer in the construction of the sewer lines
which are the subject of this agreement. Installer further agrees to require his
contractor to maintain full insurance coverage of not less than standard limits, and
to indemnify and hold District, the District Engineer, Mark Thomas & Co. Inc., the
County of Santa Clara and the City in which the referred to real property is situate,
their officers. agents and employees, free and harmless from any damage or claim of
damage for injury to person or p~operty arising from the activities of Installer and
his ~ontractor in the performance of the terms of this agreement.
11. SCOPE OF AGREEMENT: This writing constitutes the entire agreement between
the parties, and no modifi~ation or waiver of all or any part thereof shall be valid
unless in writing and signed by both parties hereto. Waiver by either party of any
breach of this agreement shall not be deemed waiver of any subsequent breach of the
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same or of any other provision of this agreement. If any part of this agreement
is held to be indefinite or uncertain or unenforceable, such determination shall
not invalidate any other part of this agreement. This agreement shall bind and
inure to the benefit of the heirs, administrators, successors, and assigns of the
parties hereto,
IN WITNESS WHEREOF, the undersigned have executed this agreement this
6th day of __________ A~p_r_i_1 __________________ , 198 J •
Executed by "INSTALLER" on April 6,
Approved and executed by "DISTRICT"
1981.
on May 6, 1981.
"DISTRICT"
CUPERTINO SANITARY DISTRICT of Santa Clara County,
a d District
(SEAL)
ATTEST:
Secretary of said District
"INSTAlLER"
CITY OF CUPERTINO
City Clerk
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LEGEND
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TRACT IV!'
." File.: CU.S.D.81-t
CUPERTINO SANITARY DISTRICT
RA/NeOw ..oR/VE
PARCEL·
Existing "main sewer" of Distri ct
Sanitary
Easement
sewers to be by con~tructed
District to be granted to
6'.92/~ Th'REE OAKS
Installer
SCAL£: r= /00'
. EXHIBIT "~I
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TRANSFER OF TITLE
For good and sufficient consideration, the receipt of which is hereby acknowledged,
--------, CITY OF CUPERTINO
being the sole and exclusive owner __ of the sewerage system described as follows:
All of that certain sanitary sewer sewerage system constructed in the public
streets, roads, ways, lanes, places and easements within Tract No. 6921, Three
Oaks Subdivision, a map of which is filed for record in Book _____ of Maps at
Pages and , Santa Clara County Records
do hereby transfer and convey all its right, title, and interest in and to said
sewerage system to CUPERTINO SANITARY DISTRICT, Santa Clara County, State of California.
The conditions of this transfer are as follows:
1. The obligations of faithful performance and maintenance assumed by the under-
signed and guaranteed by an Agreement with Cupertino Sanitary District, shall remain
in full force and effect for the period or periods stipulated in said Agreement.
2. Except as to the matters covered by said Agreement, the acceptance of title
by Cupertino Sanitary District of the sewerage system hereby transferred shall con-
stitute an assumption by said District of all responsibility or liability, damage or
claim for damage of any nature hereafter arising out of the operation and maintenance
of said system.
IN WITNESS ~~EREOF, this Transfer of Title is executed this ________ day of
______________________________ , 1981.
(To be signed by owners, and acknow-
ledgement and Notarial Seal attached)