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80-018 Miladin Malisic and Darinka Malisic, Improvement Agreement, 22350 Palm Avenue\ -.....".....,-..;;,,; l' q • 110::'00 ',0,,:·,:.; AV=', A G R E E ;{ ! :. ! NO FE",: IN ACC:)ROANCZ!: 'CUpri:RTINO, CA 95014 F WITH 60V CODE: 6103 175 r!s:5?2 day of ~ r ~~~ ,~a:EJ:::f'-IT :nade and "entered into ~hi.s 19th l February 1980_' by and bet".;oeen the CITY OF CUP!::RTINO, ~~~,,~ .. ~, ~ -----a municipal t ' f h S t f C 1'; , h -I' ,. d corpora :lOU 0 t e ta e 0 a,_:l_orul.a. ere_Ilaz te.r ces:!.gt:.ate as CITY, and Milad1n Malisic and Darinka Malisic F 175 m: 572 ----------------------~------------------------------------------------~, .1 h'erein.af ter desigTIat:ed as Developer. wIT N E SSE T E ----------- ~hFREAS, the Developer has cade application to the CITY Water Meter County and is securing a building pe=it from 4~-to const::::nct and ::ai!ltain a Single-f amily·-:hornes berei:::a£t~r refer:-ad to as ttproject .. " w~~~ the CITY hereby agraes to permit deF2~snt of requirad clev~~o~ment i3:rpraVe!lleIits in ac.co~danc8 w-f:,th tbe provisions of this !GBE~IT, and wr.RL'~, the Developer hereby agrees to provide necessary ioprovement plans and specifications at such time as they may be required by the City Engineer or as provided herein, and W~~, the ~eveloper further agrees to perfo~ at his sole cost all the ~ork Uecessary to c~plere i~cal1ation of those improvezents ~hich ~ill be required in accordance ~ith those plans to be prepar~d, and we~~~S, the Developer agrees to provide bonds, cash pa}~ents, or ot~e= guarante2s as outlined herein to assure cOillpliance with conditions or de~elopc~~t approval, and escabl!shes the ~ounts of Bona, =e~s, and Deposit as se~ for~ in ~e foll~~~=g I sC!4e:::iulel -1- · , F 175 ~!S: 573 1fflEREAS, the Developer was refused annexation by LAFCO due to the need to employ "road strips" to provide continuity WHEREAS, the City agrees to allow the issuance of a water meter permit and release the County requested building permit. WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby establishes the amounts of Bond, Fees, and Deposit as set forth in the following schedule: -lA - F 175 i'!~: 574 SCHEDu~E OF BOND. FEES. AND DEPOSITS DEFERRED $------------------ PART B. Labor and Material Bond: $ DEFERRED ------------------ . PART C. Checking and Inspection Fee: DEFERREllD $------------------ PA-~T D. Indirect City Expenses: DEFERRED $------------------ ... PF2tT E. Development Maintenance Deposit: $ DEFERRED ------------------ PAR':!: F. Storm Drainage Fee: 740.00 $----~------------- PART G. One Year 1'o ..... er Cost: ~ DEFERRED v ____ ~------------ 1'F2t':!: H. Tree Fees: DEFERRED $ ________________ __ ~~T I. Map Checking Fee: DEFERRED. $-------------------- DEFERRED 1'F2tT J. Park Fee: $------------------- PART K. Water Main EXtension Deposit DEFERRED NOW, THEREFORE, IT IS HE-~Y MUTUALLY AGREED by and be~Jeen the parties he~e:o 1. DEDICArION (a) The Developer offers to dedicate the real property show~ on E.,;hbit !fA", which is attached he.::-eto and made a part herao'f by refere.nce. Sa:'d -2- .... U r'~:...,,, <:) ,dedicated property shall be free and clear of all liens or encucbrances except those ,which the CITY shall expressly ~aive in ~.iting. The Developer agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts said offer by resolution. (b) U~on execution of this AGREEMENT the Developer agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "AIf, and such other executed conveyances, or instru:-aents 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 repor~ issued by a title insurance company relating to the property offered for dedication; said Preliminary Title Report shall be furnished _p~r=i~o~r~t=o-=d~e~d~i~c~a~t~i~o~n~ ______________________ __ (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of $1, 000 , and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall a~pressly ~aive in writing; said 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 AGREEMEN~, the CITY agrees to accept said real property offered for dedication. 2. INStALLATION OF WORK It is further agreed that: Ca) The Deve~oper sha~l 1os=a11 and complete the Work .~th11l 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 che event the Developer fails or refuses to complete the York within the specified period of t~e> the CITY, at its sole option, shall be authorized to complete the York in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs. incurred thereby fro~ the Developer or the Developer's surety or both. -3- r l..,,~ r!S: 576 (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 ~ork shall be done in accordance with existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifi- cations, standards, sizes, lines and grades'approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. 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 york shall be done in accordance' with the Standard Specifications of the Department of Public Works, Division of High- ways, State of Cal~.fornia, dated January, 1973 and in accordance with the speci- fications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "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 Horks" 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 of Cupertino and/or the Cupertino Sanitary District, the specifications of the City of Cupertino and/or the Cupertino Sanitary District shall take prece- dence 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 of Cupertino by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any a~isting public street, lane, alley, side~alk, or other public place • • It is further agreed that the Developer shall notify the City Engineer of the a~act date and time when the proposed a~cavation is to comnence. -4- 4. OUITCl.AD1 DEED It is further agreed that Developer, when requested by the CITY, shall quirclai: all his rights and interests in, and shall grant to CITY authorization to ~~tract water fron 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 AL'lD OTF.ER SECURITY (a) Upon the ~"{ecution of this AGREF'MENr, the Developer shall file with the CITY a faithful perfo~nce bond to assure his full a.,d faithful perfo~ance of this AGREE;1ENT. The nenal SUIIl of said fai thful peri'or.nance bond shall be t:.'te ~ --~ full cost of any payment to be made under this'AG~~T, the value of any land agreed to be dedicated, and any i:provements to be made under this AG;{EEMENT. In the event that improvements are to be made under this AGREE'lENT, 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 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 t~e City Attorney as to form and by the City Engineer a~ to sufficiency. In the event that the Developer shall fail faithfully co perfo~ the covenants and conditions of this AGRE~1ENT. or to make any payment, or any dedica- tion of land, or any improvements herein required, the CITY shall calIon the surety to perform this AGREEMENT or otherwise indemnify the CITY for the Developer's failure to do so. (b) In lieu of a surety bond, the Developer may elect to secure this -5- · . F 175 ?!~: 578 (1) Cash; or, A cashier's check, or a certified ~~eck, payable to the order of the CITY; or, (3) A certificate of deposit, or instrucent of credit meeting the requirements of Government Code Section 66499 (b) or (c). (c) The a!IlOunt of said cash, checks, certificate of deposit, or instn!'- ment of credit shall be as designated by the City Engineer, and shall be the equiv- alent to that which would have been required had t:.'le Developer furnished the CITY ,.ith a surety bond. In the event I:.'lat the Developer shall fail faithfully to perform the covenants and conditions of this AGRE~~, or to make any payment, or any dedication of land, or any improvements therein required, t!le CITY may apply the proceeds of said security thereto • •• '*,. (d) No release of surety bond, cash deposit, che~l<, or certificate of deposit, shall be made except upon approval of the City Council. (e) No interest shall be paid on any security deposited with the CITY. 6. CHEC''«:ING AND INSPECTION FEE It is further agreed I:.'lat DevelopeJ; 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 CIIY, prior to execution of this AGREEMENT, the amount as set forth herein a t Page 2 (Part C). Should c:on- struction 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. 1. nIDlRECT EXPENSES It is further agreed that Developer shall pay to CITY, prior to execution of this AGRE~NI, indirect ~xper~e allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). t 7A. HAP FILL'IG FEE It is further agreed that the Developer shall deposit with CITY, prior to execution of t:.'lis AGREEHE:rr, for office checking of f::'nal :::tap and field checking • -~ -.-,.. .. _ .... - of screec monucencs, in cocpliance ~~th Seccicn 4:~ of Ordi~ance No. 47 (Revised 12/4/61) of CITY, che amount as sec forth her~in at Page 2 (Part I). 8. DEVELOP~"'! !'.AINTElA."lC! DEPOSIT It· is furcher agreed that the Developer shall pay to the CITY, prior to execution of chis AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maincenance deposit to insure proper dust control and cleaning during the construction period. The development ~intenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty wor~anship and/or materials appearing in said ~ork ... during the period until release of the iQprovement bonds by the CITY. Should the Developer ccmplete the required repairs to the entire sacisfaction of the CITY, the unused Dalance will be recurned after the release of the improvemenc bonds • ., ~' __ oR_ 9.1... STOR.'f DRAI~AGE.FEE. It is further agreed that the Developer shall deposit wich the CITY, prior to execution of this AGR.EMENT, a storm drainage charge in connection with said project in accordance with the requirements established in Resolution 4422, March 21, 1977 in the amount as set forch herein at Page 2, (Part: F). ~.l!. WATER MAIN EXTENSION DEPOSIT The Developer further agrees to deposit ~th the City those monies required to comply with "Policy on Water Main Excensions Work and Deposits" dated 9/30/77. The deposit shall be held by the City until said monies are needed to implement improveoenCs outlined by the Director of Public ~orks or improvements outlined within an adopted Water Master Plan. The amount show~ herein at Park K, Page 2, shall be the .full amount due. - 7 - F 1. 75 ~~S; 580 9,C. WATER RATES The Developer further agrees that the City Yill collect double the water rate for any water service to the property. Said second charge shall be held by the CLty until such time as the property is annexed to the City. All additional charges shall then be returned to the-Developer • ..... -7A - F 175 ?!s: 581 10. ONE YEAR POl-lER COST It is further agreed that the Developer shall pay to CITY prior to execution of this AGREEMu~, the &~ount as set fortb herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. 11. FEES FOR THE INSTALLATION OF STREET TREES It is further agreed that the CITY shall, at such time as deemed appropriate by the City Engineer, plant and caintain street trees in con-... formance with the standards of the City of .Cupertino. As payment for said installation and maintenance by the CITY, the Developer shall pay to the CITY, prior to'·the execution of this AGREEME1,iT, the amount as set forth herein at Page 2 (Part H), which amount represents the fees for installation and maintenance of said street trees, having been calculated at the unit price of $15.00 per tree. 12. 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 "Park Dedication Ordinance" Number 602, 1972 and which is further stipulated under Part J., Page 2 herein. 13. MAINTE.>;ANCE OF THE 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 t~e entire satisfaction of • said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. -8 - 14. SANITARY DISTRICT It is further agreed that the Developer shall file with CITY, upon execution of this agreement, a letter from the Cupertino Sanitary Distr~ct 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 constructions of the said sanitary sewers and to insure maintenance of said sanitary sewer i~'conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. GOVERNMENT CODE It is further agreed that Developer shall 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. 16. CENT~~ FIRE DISTRICT It is further agreed that the Developer shall file w~th the CITY, upon execution of this AGREEMENT, a letter from the Cent.ral Fire Protection District pf Santa Clara County, stating that the Developer has entered into an AGRE~~T 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. - 9 - F 1.75 r!G: 583 17, STREEI LIGHTING It is further agreed that the Developer shall apply for the installation of electric power for street lighting at the earliest date possible. 18. P.G.& E. A.~ P.T.& T. It is further agreed ~at the Developer shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph 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 under- grounding 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 Telephone and Telegraph Company that said fees are due and payable. 19. EASEMENTS··A.~ RIGHI-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 ~xpense. It is provided, however, that in the event eminent domain proceedings are required by 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 d~ages, if any. It is further provided that in addition thereto, such sums as ~ay be required for legal fees and costs, engineering, and o~~er incidental costs in such reasonable ~ounts as the CITY oay require shall be deposited ~ith CITY. 20. HOLD F.ARMLESS It is further agreed that, co~encing with the perfo~ance 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 ha~less and defend • the CITY from and against any or all loss, cost, ~xpense, damage or liability, or claim thereof, occasioned by or in any way ~hatsoever arising out of the perfor- -10 - mance or nonperfo=ance of t.ll.e !-Iork or the negligence or willful misconduct of the Developer or the Developer's agents, ~ployees and independent contractors. 21. I!l'SURA..'iCE It is furu~er agreed that: The Developer shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all t~es during ~~e performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming ~~e CITY and menbers of the City Council of the City of Cupertino, individually and collectively, and the officers, agents, and enployees.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 b~~alf of said Developer. B9th 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 pr~ry coverage to the full limit of liability stated in the declarations, and if the CITY, its ~~bers 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 be excess insurance only. (a) Each of said policies of insurance shall provide coverage in the following minimum ~ounts< for bodily injury, $100,000 each person; $300,000 each occurrence; property damage, $50,000 on account of anyone occurrence with an aggregate l~t of not less than $200,000. (b) The Developer shall file with the City Engineer at or prior to the ~e of execution of this AGRE~ENT 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 10 days advance notice thereof. (c) In the event that ~~e Project covered herein should be ~utually , , r JL I'.:J (!~: L)Oill situated in or affect the area of jurisdiction of 'a separate municipality or political sUQdivi~ion of the State of California, the policies of insurance required herein and above shall co-name such municipality or political sub- division and the provision set forth herein and above for the protection of the City of Cupertino shall equally apply to municipality and political sub- division. 22. DEFERMENT It is further agreed that the Developer shall furnish, construct and install. at his own expense, either upon six (6) months notice from the CITY, in which event the Work rnus~ be completed within one (1) year thereafter,oor in the absence of such notification, no later than five (5) years and six (6) months from date of this AGREEMEl1!, the following i~provements: Aspnalt street improvements, concrete curb and gutter, storm drains, and miscellaneous appurtenances as directed by the Director of Public Works Until such notification is made by CITY, or such time has elapsed, Sections numbered 2-21 except ~ are hereby'deferred. The Developer further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide tha improvements set forth herein under a joint cooperative plan, including the 'formation of a local improvement d.istrict, if this method is feasible to secure the installation and construction of the improvements. -12 - : F 175 ?!~: 586 23. SUBDIVISION Developer shall build only on legal lots of record until such time as annexation occurs. '. -12 A- 23. SUCCESSORS -RU;; iiIT!! Li_~l'D This AGREEHENT shall bind the heirs. admi.niscrat:ors, execut:ors, successors, assigns and t:ransferees of Developer. It is agreed and undersrood ". that: t:his AGREDI~T shall be filed for record in the Office of rhe County Recorder of the County of Santa Clara, State of California and that: t:he covenants in this AGREDIENT shall run with the . land • a description of which is contained in E..'Chibit II Ii, " which is attached hereto and made a part hereof by reference, and are for the benefit of the other lands in the City of Cuperr1no. IN WITNESS l~EOF. CITY ~2S caused its name to be hereunto affixed by its Hayor and City Clerk, thereunt:o duly authorized by resolution of the City Council and said Developer has hereunt:o caused his name to be affL'Ced t:he day and year first above writtan. Ack:lctdedge!:.ent:s and ,;::. .. ci1ibit: (9) CITY OF By ",. ~~~ ______ attached. 13 - ... - STATE OF CALIFORNIA ) ) 55. COUNTY OF SANTA CLARA) On February 7, , 19~, before me, the undersigned, a Notary Public in and for said State, personally appeared Miladin Malisic and Darinka Malisic known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. IVITNESS my hand and official seal. e OFFICIAL SEAL HELEN AOZICH "'. . • NOTARY PUBLIC· CALIFORNIA SANTA CLARA COUNTY Notary Public in . of Santa Clara, State '" "" comm_. expires SEP 10. 198Z ~~::-~---~--~-~---~-~--~--------------------------------------------- CORPORATION ACK..'lOI'ILEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On , 19 , before me, the undersigned, a Notary Public in and for the said State, personally appeared ______________________________________________________________ , known to me to be the of , the corporation that executed the within Instrument, knO'in to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California • STATE OF CALIFOrolIA ) ) ss. COUNTY OF SANTA CLARA) On February 7, Notary Publ~c ~n and for sa~d , 19~, before me, the State, personally appeared F 175 ?~G:: sse undersigned, a l!iladi:n Halisic and Darinka !1alisic known to me to 'be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they e~ecuted the same. lilTNESS my hand and official seal. OFFICIAL SEAL HELEN ADZICH NOTARY PUBLIC' CALIFORNIA SArITA ClARA COUNTY My tomm ... pires SEP IG. 19SZ ~otary Publ~c ~n and!9r the County , of Santa Clara, State of Californ~a ----._-,---------, CORPORATION ACKNOWLEDGEMENT STATE OF C~IFOR.~ ) ) ss. COUNTY OF SA..'lTA CLARA) On , 19 , before me, the undersigned, a Notary Publ~c in and for the said State, personally appeared _______________________________________________________________ , known to me to be the of , the corporation that executed the within Instrument, known to me to be the person who executed the with~n Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation e~ecuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California F 1. 75 r~S: 589 EXHIBIT "A" The Developer further ag;ees to dedicate to the City the northly 10' • of the subjecf parcel. EXHIBIT "B" All of Lots 6, II, llA and the westerly 25.12 feet of Lot 7 of that certain Map of Las Palmas, Monta Vista" Book "P", Page> 17, Santa Clara County Records.