82-025 De Anza Forge, A Limited Partnership; Resolution No. 5957 and 6062 •
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Obi of Cupertino
10300 Torre Avenue P.O.Box SBO
Cupertino,California 95014 Cupertino,California 95015
Telephone:(408)252-4505
OFFICE OF THE CITY CLERK
May 6, 1983
Mr. John Vidovich
De Anza Properties
1307 South Mary Avenue
Sunnyvale, California 94087
AGREEMENT TO ENCUMBER CONDOMINIUM UNITS
Dear Mr. Vidovich:
We are sending to you for your files a fully executed recorded copy of
the Agreement to Encumber Condominium Units between De Anza Properties,
a General Partnership, and the City of Cupertino.
Sincerely,
.�, r
Z
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
76004+6 NO F IN Ac nANC
WITH GOV COpr G f O2
• • FILED FOR RECORD
Recording Requested By and AT REOUESTDF
When Recorded Return To: &ATu n
RETURN TO: CITY OF CUPERTINO MAR I 9 ss AH '83 H393 PAGE225
OFFICE OF THE CITY CLERK
P. 0. BOX 580 T ' ifal_ RECORDS_
CUPERTINO, CA 95014 H OL�.RA COUNTY
_O RCE A. MANN
ECIS1R.R RECORDER
AGREEMENT TO ENCUMBER CONDOMINIUM UNITS
THIS AGREEME T TO ENCU BER CO DOMINIUM UNITS is made and
entered this day of , 1983, by De Anza
Properties, a general partnership (hereinafter referred to as
the "Developer" ) and the City of Cupertino, a municipal
corporation of the State of California (hereinafter referred
'to as the "City" ) .
A. WHEREAS , Developer owns that certain real property
located in the City of Cupertino, County of Santa Clara,
State of California, more particularly described as:
All of lot 2 of Tract No 7393 according to the Map
thereof filed for record on October 1 , 1982 in Book
504 of Maps, at pages 45 and 46 .
B. WHEREAS, Developer is developing a ninety-six (96)
unit residential condominium project upon the Property to
be known as De Anza-Forge Condominiums (hereinafter referred
to as the "Project" ) ;
C. WHEREAS, City has required that, as a condition for
its approval of the Project, Developer make ten (10) individual
condominium units within the Project subject to the City of
Cupertino Below Market Rate Housing Program (hereinafter
referred to as the "BMR Program" ) by recording the City of
Cupertino Below Market Rate Housing Program Participation
Agreement (hereinafter referred to as the "BMR Agreement" ) ,
a copy of which is attached hereto as Exhibit "A" and incor-
porated herein by this reference, against each of the ten
(10) individual condominium units; and
D. WHEREAS, City desires to ensure that ''the BMR Agree-
ment is recorded against ten (10) condominium units in the
Project prior to the sale ofsaid condominium units.
NOW, THEREFORE, in furtherance of the foregoing recitals ,
Developer and City do hereby agree as follows:
1 . The City hereby consents to the recordation by the
Developer of the Tract Map in the Office of the County ,
Recorder for the County of Santa Clara.
H393 PAGE226
2. The developer shall, at a time subsequent to re-
cordation of the condominium plan on the project, but
prior to the sale of the twenty fifth condominium unit
(which unit represents the first unit in the second phase
of the project) , record the BMR Agreement against the ten
(10) individual condominium units in the Project to be
selected by the Developer in its sole discretion.
3. Recordation of this Agreement in the Office of the
County Recorder for the County of Santa Clara shall serve
to place the prospective purchasers of the aforesaid affected
condominium units on notice that said condominium units are
subject to the BMR Program.
4. The parties hereto acknowledge and agree that this
Agreement shall affect only those ten (10) individual condo-
minium units to be selected by the Developer in its sole
discretion and shall not affect any other condominium unit
in the project whatsoever.
5 . The parties hereto acknowledge and agree that
Developer' s obligation to record the BMR Agreement against
ten (10) condominium units shall automatically terminated and
all provisions herein so obligating Developer shall be null
and void and of no force or effect immediately upon the
occurence of any of the following:
a. The abandonment of the BMR Program by the City
of Cupertino;
b. The finding by any court of law that the Cupertino) BMP
Program is void an/or otherwise unenforceable for any reason
including, but not limited to, a determination that the BMR
Program is violative of any state law or statute or the State
or Federal Constitution; or
c. The abandoment by Developer of its plans to
develop the Property as a ninety-six (96) unit residential
condominium project.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
"City" "Developer"
CITY OF CUPERTINO, A DE ANZA PROPERTIES
Municipal Corporation of
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STATE OFCALIFORNIA ) SS H393 PAGfti27
COUNTY OF _ ) .
On this day of , 1983, before
me, the undersigned, a Notary Public, State of California,
duly commissioned and sworn, personally appeared
and , known to me to be the.
and of the CITY OF CUPERTINO, and known
to me to be the persons who executed the within instrument on
behalf of said public corporation, agency or political sub-
division, and acknowledged to me that such City of Cupertino
executed the same.
WITNESS my hand and official seal.
Notary Public, State of California
STATE OF CALIFORNIA )
ss.
COUNTY OF Santa Clara )
On this 2 nd day of March , in
the year 1983, before me the general partner of the De Anza,
Properties General Partnership, personally appeared John
Vidovich, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person that executed
this instrument, on behalf of the partnership and acknow-
ledged to me that the partnership executed tear-
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JUANITA E TERRY s
NOTARY PUBLIC — CALIFORNIA 1
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• PARTICIPATION AGREEMENT 66 p 6 H ll
CITY OF CUPERTINO BELOW MARKET RATE HOUSING PROGRAM
This agreement made and entered into this day of H393 PGGE228
1983, by and between the City of Cupertino, California (hereinafter "City')) ,
and
( hereinafter "developer") , witnesseth:
Whereas, developer is the owner and developer of that parcel of real property
commonly known as
and As'sessor's Parcel Number , Cupertino, California:
Whereas, developer proposes to develop a unit, multiple
family, residential housing project (hereinafter "project") on above-described
property:
Whereas, on , , the City Council of the City of
Cupertino, by adoption of No.
approved the development of said property in a manner consistent with the terms and
conditions herein contained, one of such conditions being developer's participation
in the Below Market Rate (BMR) Housing Program of the City of Cupertino, and
Whereas, it is the intention of both parties to set forth the covenant,
conditions and restrictions applicable to BMR Program participation in this
separate document.
Now, therefore, in consideration of the foregoing, and of the mutual terms and
covenants hereinafter set forth, the parties hereby agree that developer shall
participate in the above-described program, subject to the following terms and
conditions:
—1_
H393 PGSE229
1. SATISFACTIONS OF CONDITIONS. City hereby agrees that execution,
recordation and performance of this agreement shall constitute performance of
those conditions of subdivision approval for the PROJECT which relate to sale of
units pursuant to the City's BMR Program and the incorporation of related terms
in the organizational documents for the PROJECT, and shall be sufficient in
that respect to permit recordation of the final subdivision map, subject to
City Council approval of said final map, satisfaction of all other applicable
conditions and compliance with all provisions of law.
2. SALE OF UNITS. Developers hereby agree that they shall offer units for
sale, based upon the unit description, as shown below, to households qualified by
the City or its designee pursuant to the City's Below Market Rate Housing Program
and the guideline's established thereunder, The sales price of the units shall
be established ninety (90) days prior to the projected date of occupancy according
to the formula set in the City policy based on the median income levels for Santa
Clara County as published by the San Francisco Office of the U.S. Department
of Housing and Urban Development which will be in effect on the projected date
of Certificate of Occupancy. Developer further agrees to insert in any deed
or other conveyance of any of said units, those certain terms, conditions and
restrictions attached hereto as "EXHIBIT A" and incorporated herein by this
reference.
Tract Number Lot Number Unit Type, No. Bedrooms
•
3', OPINION :OF .COUNSEL. Concurrent with the execution hereof, developer
shall provide to City a letter of opinion from its legal counsel stating that
in the"opinion of counsel this agreement constitutes a valid and binding contract
upon developer and that the inclusion of the terms hereof in this agreement
rather than in the Declaration of Covenants, Conditions and Restrictions for the
project does not impair developer's legal ability to comply with said terms nor
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the enforceability of this agreement by City. H393 HGE230
4. RECORDATION. Developer shall execute this agreement, cause the same
to be acknowledged and deliver said executed and acknowledged document to the
City in such form as to permit its recordation in the office of the County Re-
corder of the County of Santa Clara, State of California. This agreement shall
be recorded at the same time as the final subdivision map for the Project is
recorded. City shall not be obligated to permit recordation of the final sub-
division map prior to such delivery .of this agreement.
5. LIMITED•CONSTRUCTION. Nothing contained herein shall be deemed compliance
with or waiver of any provision of law or condition of subdivision approval
except as expressly stated herein with respect to conditions relating to BMR units.
6. AGREEMENT BINDING. The terms, covenants and conditions of this agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators,
assigns, contractors, subcontractors and grantees of both parties and shall be
covenants running with the land.
7'. WAIVERS. The waiver by any party of any breach or violation of any term,
covenant or condition of this agreement or of any provision, ordinance or law
shall not be deemed to be a waiver of such term, covenant, condition, ordinance
or law or of any subsequent breach or violation of the same or of any other term,
covenant, condition, ordinance or law.
8: COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to
enforce the terms of this agreement or arising out of this agreement may recover
its reasonable costs and attorney's fees expended in connection with such an
action from the.'other party.
•
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11393 P19E231
IN WITNESS WHEREOF, CITY AND DEVELOPER have executed this agreement the day
and year first above written.
• ATTEST: CITY OF CUPERTINO
•
by
City Clerk City Manager
Developer
by:
Position:
Approved:
Director of Planning Department
Approved as to Form:
City Attorney
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EXHIBIT A ..
TERMS AND CONDITIONS
• H393 P1GE232
Subject to:
An option to purchase the real property conveyed hereby and any improvements
thereon (hereafter"the Premises") under conditions herein later set forth, vested
in the City of Cupertino (hereinafter "City") . City may designate a governmental
or non-profit organization to exercise its option to purchase. City or its
' u
designee may assign this option to an individual private buyer who meets the City's
eligibility qualifications. After the exercise of said option by City, its
assignee or designee may assign said right to purchase to any substitute individual
private buyer who meets the City's eligibility requirements and is approved by the
City: provided, however, that such subsequent assignment shall not extend any time
limits contained herein.
•
In the case of the original transfer from the developer to the City, its
assignee or designee, the City, its assignee or designee shall have the right to
exercise itsoption to purchase said premises within thirty (30) days after the
occurrence of the later of the following events:
1. The subject premises are ready for occupancy; or
2 . Within 90 days from the date the developer notifies the City
that building permits have been issued to the developer for the
development of the subject premises.
The escrow shall be closed within ten (10) days of the exercising of the
option. :
If: the subject- premises are not expected to be completed within ninety (90)
days from the date the developer notifies the City that said building permits have
been issued, the developer shall notify the City of the projected completion date at
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• • H393 PAGE 233
least ninety (90) days prior to the Certificate of Occupancy of the subject premises.
All such notices shall be personally delivered or deposited in the United
States mail postage prepaid, first class, certified, addressed to the City
Manager, City of ,Cupertino, 10300 Torre Avenue, Cupertino, California 95014.
In the case of the transfer from the original grantee to a qualified pur-
chaser, whenever the owner (including Grantee and all successors in interest) of •
said Premises shall no longer desire to own said . Premises, owner shall notify
City in writing to that effect. Such notice shall be personally delivered or
deposited in the 'United States mail, postage prepaid, first class, certified,
addressed to City Manager, City of Cupertino, 10300 Torre Avenue, Cupertino,
California 95014.• City, its assignee or designee, shall then have the right to
exercise its option to purchase said Premises by delivery of written notice, by
personal delivery or certified mail, to the owner thereof at any time within
sixty (60) days from the receipt by City of such written notice from owner of
intent to sell or written notice of any other method or mode of termination of
ownership.• As used hereinafter, "Grantee" shall refer to the original grantee
and all successors in interest.
If and in the event that City or its designee exercises its 'option to
purchase said Premises, close of escrow of said purchase shall be within sixty (60)
days of the opening of such escrow by either party, except in the case of the
original transfer from the developer to the City, its assignee or designee (see
above) : Such escrow shall be opened upon delivery to owner of written notice of
the exercise of the option or as soon thereafter as possible. In the case of
the original transfer from the developer to the City, its assignee or designee,
closing costs shall be paid in the same manner for Below Market Rate units as
for the market rate:.units in the development. In the case of subsequent transfers,
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H393 Pa,E234
closing costs and title insurance shall be paid pursuant to the custon and
practice in the City of Cupertino, Santa Clara County, at the time of the
opening of such escrow. Any prepayment fees charged by seller's lender will be
paid by the buyer and that amount will be added to the buyer's base purchase
price to allow it to be recovered upon resale by the buyer.
The seller will be required to obtain and pay for a structural pest control
report and to pay for any necessary corrective work. The seller will not be
obligated to perform preventative, but not currently necessary,. work; the buyer may
perform such work at his or her expense.
The purchase price shall be paid in cash at the close of escrow or as may be
otherwise provided by mutual agreement of buyer and seller.
The purchase price of the Premises shall be fixed at the lowest amount arrived
at via the following methods :
1. In the case of the original transfer from developer to the City or
its assigned interest, the purchase price of the units shall be
' established ninety (90) days prior to the projected date of occupancy
according to the formula set in the City policy based on the median
income levels for Santa Clara County as published by the San Francisco
Office of the U.S. Department of Housing and Urban Development which
• will be in effect on the projected Certificate of Occupancy.
2: In the case: of all transfers other than the original transfer from the
developer to the City, its assignee or designee, the purchase price
shall be fixed at and is based upon:
a) The purchase price paid by the selling owner plus an amount, if any,
to compensate for any increase in the cost of living as measured by
H393 PAGE 235
the Consumer Price Index for the San Francisco-Oakland area published
• by the U.S. Department of Labor, Bureau of Labor Statistics (herein
"the Index") . For that purpose, the Index prevailing on the date of
purchase by Grantor of said premises shall be compared with that
estimated to be prevailing sixty days subsequent to receipt by City
of notice of intent to sell.
• The yearly compounded increase in the Index, if any, shall be com-
puted and the base price shall be increased in the same percentage;
provided, however, that the price as determined under subparagraph
2(a) shall in no event be lower than the purchase price paid the
selling owner.
b) The adjusted purchase price, as determined by subparagraph 2(a) , shall
be increased by the amount of any prepayment fees charged by the
previous owner's lender and paid by the current seller at the time
the current seller purchased said Premises.
c) The adjusted purchase price, as determined under subparagraph 2(a)
and 2(b) shall be increased by the value of any substantial or
structural or permanent fixed improvements which cannot be removed
without substantial damage to the premises or substantial or total
loss of value of said improvements as hereinafter provided. No such
adjustment shall be made except for improvements made or installed
by the selling owner. No improvement shall be deemed substantial
unless the actual initial costs of the improvement to the owner ex-
` ceeds one (1) percent of the purchase price paid by the selling owner
for the premises. Notwithstanding the foregoing, improvements to the
common areas of a condominium or Planned Unit Development made by a
mandatory assessment by the homeowner's association will be considered
•
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•
H393 PAGE236
the same as an improvement made directly by the owner. The one (1)
percent minimum expenditure requirement will not apply to such
• assessments . In addition, replacement of appliances, fixtures and
•
equipment which were originally sold as part of the unit will be
deemed substantial improvements if the replacement is required by
the nonoperative or deteriorated nature of the original appliance,
fixture, or equipment. The replacement must be of comparative value.
The one (1) percent minimum expenditure requirement will not apply to
such replacements. No adjustment shall be made for the value of any
improvements unless the owner shall present to the City valid written
documentation of the cost of said improvements. The value of such
improvements and the amount by which the sales price shall be adjusted
shall be the appraised market value of the improvements when considered
as additions or fixtures to the premises (i.e. , the amount by which
said improvements enhance the market value of the premises) at the
time of sale. City or its designee shall have an appraisal made by an
appraiser of its choice to establish the market value. The owner may
also have an appraisal made by an appraiser of owner's choice to es-
tablish the market value. If agreement cannot be reached, the average
• of the two appraisals shall be termed the market price.
In all sales, the sales price, fixed as designatedabove, shall be recorded
clearly•as a part of the deed transferring ownership.
Upon resale; an inspection of the Premises will be made by the Chief Building In-
spector of the City of Cupertino. Damage done to the premises as a result of the
selling. owner's failure to adequately maintain the premises will be identified by
said Inspector and the cost to repair them will be estimated . The seller has the
•
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H393 r c[237
option, exercisable prior to the close of escrow of either repairing the identified
damaged conditions and receiving the full sale price as. established above or
having the cost to repair the identified damaged conditions deducted from the
proceeds pf the sale. Those funds would remain in escrow and guarantee that the
repairs be made. '
In no event shall City become in any way liable to Grantee, nor become
obligated in any manner, by reason of the assignment of its option to purchase,
nor shall City be in any way obligated or liable to Grantee for any failure of
City's assignee to consummate a purchase of the Premises or to comply with the
terms of any sale agreement.
Until such time as the City's option to purchase is exercised, waived or
expires, said Premises and any interest in title thereto shall not be sold, leased,
rented, assigned or otherwise transferred to any person or entity except with the
express written consent of the City or its designee, which consent shall be con-
sistent with the City's goal of creating, preserving, maintaining, and protecting
housing in Cupertino for persons of low and moderate income.
In the event that City abandons or fails to exercise its option to purchase
said Premises within sixty (60) days after it receives the notice of intent to
sell, City will cause to be recorded in Santa Clara County a notice of intent not
to exercise its option with respect to said Premises, and declaring that the pro-
visions of this option are no longer applicable to said Premises , and shall deliver
a copy•thereof to owner of said Premises. Said notice shall be recorded within
fifteen (15) days of City's decision not to exercise its option, but no later than
sixty (60) days after City receives the notice of intent to sell. Upon recordation
of said notice,;the provisions of this option shall no longer be applicable to
said Premises. •
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H393 PAGE 238
The following transfers of title or any interest therein are not subject to
the option provisions of this deed; Transfers by gift, devise or inheritance to
grantee's spouse or issue; transfers of title to spouse as part of divorce or
dissolution proceedings; acquisition of title or interest therein in conjunction
with marriage; provided, however, that these covenants shall continue to run
with the title to said Premises following said transfers.
The provisions set forth in this deed relating to City's option to purchase
shall terminate and become void automatically fifty (50) years following the date
of recordation of this deed unless extended in writing for one additional fifty
(50) year period at the option of the City and the same shall constitute covenants
which shall run with the land and be binding upon grantee(s) and successors and
assignee, and all parties havings or acquiring any right, title or interest in or
to any part of the property. Any attempt to transfer title or any interest
therein in violation of these covenants shall be void.
Grantee covenants to cause to be filed for record in the Office of the
Recorder of the County of Santa Clara a request for a copy of any notice of default
and of any notice of sale under any deed of trust or mortgage with power of sale
encumbering said Unit pursuant to Section 2924(b) of the Civil Code of the State
of California. Such request shall specify that any such notice shall be mailed
to the City Manager, City of Cupertino, 10300 Torre Avenue, Cupertino, California
95014. • In the event grantee fails to give such notice to City, all surplus to
which grantee may be entitled pursuant to Section 727 of the Code of Civil
Procedure of the State of California shall be paid to City. If grantee gives proper
notice•?; any surplus to which grantee may be entitled pursuant to Code of Civil
Procedure Section 727 shall be paid as follows : That portion of surplus (after
payment of encumbrances) , if any, up to, but not to exceed, the net amount that
grantee would have received after payment of encumbrances under the formula set
•
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H393 P4GE2.39
forth above had City exercised its option to purchase the property on the date
of the foreclosure sale, shall be paid to grantee on the date of the foreclosure
sale: The balance of surplus, if any, shall be paid to the City.
In the event that the Unit is destroyed and insurance proceeds are dis-
tributed to grantee instead of being used to rebuild, or in the event of con-
demnation, if proceeds thereof are distributed to grantee, or in the event of
termination of the condominium, liquidation of the association and distribution
of the assets of the association to the members thereof, including grantee, any
surplus of proceeds so distributed remaining after payment of encumbrances on said
Unit shall be distributed as follows: That portion of the surplus up to but not
to exceed the net amount that grantee would have received under the formula set .
forth above had City exercised its option to purchase the property on the date
of the destruction, condemnation evaluation date, or liquidation, shall be
distributed to grantee, and the balance of such surplus , if any, shall be
distributed to the City.
All notices required herein shall be sent to the following addresses :
City: Declarant Purchaser
City Manager
e .
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
BY ACCEPTANCE of this deed, grantee accepts and agrees to be bound by the
covenants contained herein.
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• 'z; ON of Cupertino
P.O.BoxS80
10300Torre Avenue
Cupertino,California 95014 Cupertino,California 95015
Telephone:(408)252-4505
OFFICE OF THE CITY CLERK
March 23, 1983
Mr. John Vidovich, De Anza Properties'
1307 South Mary Avenue
Sunnyvale, California 94087
IMPROVEMENT AGREEMENT — TRACT NO. 7394
Dear Mr. Vidovich:
We are enclosing to you for your files one (1) copy of the Agreement
by and between the City of Cupertino and De Anza Forge, a Limited
Partnership, which has been fully executed by City Officials, along
with one (1) copy of Resolution No. 6062, which was enacted by the
City Council of the City of Cupertino, at their regular meeting of
March 15, 1983.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
•
11,
I '
RESOLUTION NO. 6062
A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF CUPERTINO •
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT
NO. 7394 LOCATED NORTH OF ROUTE 280, AT FRANCO COURT
DEVELOPER, DE ANZA FORGE, A• LIMITED PARTNERSHIP
ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF
FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECU—
TION OF AGREEMENT IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval and
for authorization to record final map of Tract No. 7394 located north of
Route 280, at Franco Court showing certain avenues, drives, places and
roads by De Anza Forge, a Limited Partnership; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, and for
other improvements, and good and sufficient bonds, fees, and deposits
as set forth in Exhibit "A" having been presented for the faithful performance
of said work and the carrying out of said agreement; and said map, agreement,
and bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said final map and improvement plans of Tract No. 7394, be and
the same are hereby approved.
b. The offer of dedication for roadway and for easements is hereby
accepted.
c. The City Engineer and the City Clerk are hereby authorized to sign
said final map: •
d. The City Engineer is hereby authorized to sign the improvement plans.
e. The Mayor and the City Clerk are hereby authroized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 15th day of m„c;; ' , 1983, by the following vote:
Vote Membbrs of the City Council
• AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ John Gatto
City Clerk Mayor, City of Cupertino
Resolution No. 6062
EXHIBIT "A"
SCHEDULE OF BOND, FEES AND DEPOSITS
DEVELOPMENT: Tract No. 7394
DEVELOPER: De Anza Forge, Limited Partnership
LOCATION: North of Route 280, at. Franco Court
A. Faithful Performance Bond:
Street - One Hundred Fifteen Thousand Dollars $115,000.00
Landscaping - Sixty-Five Thousand Dollars $ 65,000.00
Recreational - Ten Thousand Dollars $ 10,000.00
B. Labor and Material Bond:
Street - One Hundred Fifteen Thousand Dollars $115,000.00
Landscaping - Sixty-Five Thousand Dollars $ 65,000.00
Recreational - Ten Thousand Dollars $ 10,000.00
C. Checking and Inspection Fee:
Street - Five Thousand Seven Hundred Fifty Dollars $ 5,750.00
Landscape: Three Thousand Two Hundred Fifty Dollars $ 3,250.00
D. Indirect City Expenses:
One Thousand Three Hundred Fifty-Six Dollars $ 1,356.00
E. Map Filing Fees:
One Hundred Eight and no/100 Dollars $ 108.00
F. Development Maintenance Deposit:
Three Hundred Ten and no/100 Dollars $ 310.00
G. Storm Drainage Fee:
Ten Thousand Four Hundred Eighteen and no/100 Dollars $ 10,418.00
H. One Year Power Cost: N/A
I. Street Trees: BY DEVELOPER
J. Park Fees: $130,032.00
One Hundred Thirty Thousand Thirty-Two Dollars
Part K. Water Main Extension Deposit: N/A
AGREEMENT /•
This AGREEMENT, made and entered into this day of
March 15th , 1983, by and between the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter design-
ated as CITY, and DE-ANZA FORGE, A LIMITED PARTNERSHIP, hereinafter
designated as DEVELOPER.
WITNESSETH
WHEREAS said DEVELOPER desires to subdivide certain land within
the City of Cupertino in accordance with the map heretofore filed with
the City Council of the City of Cupertino, marked and designated Tract
7394 Cupertino California, hereinafter designated as the "Tract; " and
WHEREAS, said map shows certain courts, drives and roads which are
offered for dedication for public use; and
WHEREAS, said DEVELOPER desires to construct dwellings on the lots
in said "Tract; " and
WHEREAS, CITY hereby approves the improvement plans and spec-
ifications prepared for the Tract by Kirkeby and Associates, a true
copy of said 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 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
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amount of bond, fees and deposit as set forth
In the following schedule.
SCHEDULE OF BONDS, FEES AND DEPOSITS
Part A. Faithful Performance Bond:
Street - One Hundred Fifteen Thousand Dollars $115, 000 . 00
Landscaping - Sixty-Five Thousand Dollars $ 65, 000 . 00
Recreational - Ten Thousand Dollars $ 10, 000 . 00
Part B. Labor and Material Bond:
Street - One Hundred Fifteen Thousand Dollars $115, 000. 00
Landscaping - Sixty-Five Thousand Dollars $ 65, 000 . 00
Recreational - Ten Thousand Dollars $ 10, 000 . 00
Part C. Checking and Inspection Fee:
Street - Five Thousand Seven Hundred Fifty Dollars $ 5,750 . 00
Landscape : Three Thousand Two Hundred Fifty Dollars $ 3, 250 . 00
Part D. Indirect City Expenses:
One Thousand Three Hundred Fifty-Six Dollars $ 1, 356. 00
Part E. Map Filing Fee:
One Hundred Eight and no/100 Dollars $ 108 . 00
Part F. Development Maintenance Deposit:
Three Hundred Ten and no/100 Dollars $ 310. 00
Part G. Storm Drainage Fee:
Ten Thousand Four Hundred Eighteen and no/100 Dollars $ 10 , 418 . 00
Part H. One Year Power Cost: N/A
Part I. Street Trees: By Developer
Part J. Park Fees:
One Hundred Thirty Thousand Thirty-Two Dollars $130 , 032. 00
Part K. Water Main Extension Deposit: N/A
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. INSTALLATION OF WORK
It is agreed that in consideration of the approval of said map
and the acceptance on behalf of the public of the courts, drives and
roads offered for dedication,
(a) The DEVELOPER shall install and complete the Work within one
(1) year from the date of execution of the this AGREEMENT, or such
PAGE 2
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 op-
tion, 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 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 performed under the in-
spection and with the approval of the City Engineer. The Work shall be
done in accordance with existing ordinances and resolutions of the
City of Cupertino, and in accordance with all plans, specifications,
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, spec-
ification, plans, sizes, lines and grades as set forth.
(c) It is further agreed that the Work shall be done in ac-
cordance 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 applicable. Wherever the words
"State" or "California Department of Transportation" 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 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 of Cupertino and/or the Cupertino Sanitary
District, the specifications of the City of Cupertino and/or the Cu-
pertino Sanitary District shall take precedence over and be used in
lieu of such conflicting portions.
2. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of City of Cupertino by obtaining an ex-
cavation 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.
3 . QUITCLAIM DEED - UNDERGROUND WATER RIGHTS
It is further agreed that DEVELOPER shall quitclaim all his
rights and interests in, and shall grant to CITY authorization to
extract water from the underground strata lying beneath said Tract and
DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in
favor of CITY, when presented to him for signature.
PAGE 3
•
•
4. BONDS
It is further agreed that prior to, or concurrent with, the ex-
ecution of this AGREEMENT, the DEVELOPER shall execute and deliver to
the City Engineer a faithful performance bond running to the CITY, as
obligee, and a labor and material bond running to the CITY and to all
contractors, subcontractors, laborers, material, men and other persons
referred to in Chapter 2, Title 4, Part 3 of the Code of Civil
Procedure of the State of California, as obligees, said performance
and labor and materials bonds shall each be in the amount as estab-
lished in the Schedule of Bonds, Fees, and Deposit as set forth herein
at Page 2 (Parts A and B) and shall conform with the provisions of
Resolution 1591 of the City Council of Cupertino. Said bonds shall be
in a form acceptable to the City Engineer and shall be approved by him
prior to or concurrent with the execution of this agreement by the
CITY.
•
5. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all neces-
sary direct expenses for inspection, checking, etc. , incurred by CITY
in connection with said Tract, and that DEVELOPER shall have de-
posited with CITY, 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
6. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expenses allocable to processing
this improvement, the amount as set forth herein at Page 2 (Part D)
7. MAP FILING 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: 1
of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at Page 2 (Part E) .
8 . 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 proper
dust control and cleaning during the construction period. The de-
velopment maintenance deposit 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 improvement bonds by the CITY. Should the DEVELOPER complete the
required repairs to the entire satisfaction of the CITY, the unused
balance will be returned after the release of the improvement bonds .
PAGE 4
9. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge in
connection with said Project in accordance with the requirements es-
tablished in Resolution 4422, March 21, 1977 in the amount as set
forth herein at Page 2, (Part G) .
10 . 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 H) , which amount represents the power cost for street
lights for one year.
11. 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.
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 . MAINTENANCE OF THE WORK
It is further agreed that the DEVELOPER shall maintain the Work
(a) for a period of one (1) year after acceptance of the Work by the
City Council of the City of Cupertino, or (b) until all deficiencies
in the Work are corrected to conform to the Plans and the CITY stan-
dards and specifications for the Work, whichever is the later to oc-
cur. The DEVELOPER shall, upon written notice thereof, immediately
repair or replace, without cost or obligation to the City of Cuper-
tino, 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.
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
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 Tract 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
the provisions as set forth in Paragraph No. 13 above, have been
filed.
PAGE 5
15 . BUSINESS AND PROFESSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions
of Section 11603 , Article 8 , Chapter 2 of the Business and Professions
Code, pertaining to special assessments or bonds, have ben complied
with.
16 . 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 Pro-
tection District of Santa Clara County, stating that the DEVELOPER has
entered into an AGREEMENT with said District to install fire hydrants
to serve said Tract and stating that all necessary fees have been
deposited with said District to insure installation and five ( 5 ) year
rental fee of said hydrants.
17 . STREET LIGHTING - P. G. AND E. RATE SCHEDULE SHALL APPLY
It is further agreed that the DEVELOPER shall apply for the in-
stallation of electric power for street lighting at the earliest date
possible
18 . P. G. AND E. AND P. T. and T.
It is further agreed that 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 under-
ground wiring circuits to all electroliers within said Tract 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 Telephone and
Telegraph Company that said fees are due and payable.
PAGE 6
•
19 . 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 DEVELOPER at his
own expense. 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 damages, if any. It is further provided that 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 CITY.
20 . HOLD HARMLESS
It is further agreed that, commencing with the performance of the
Work by the DEVELOPER or his contractor and continuing until the
completion of the maintenance of the Work as provided in Paragraph 13
above, the DEVELOPER shall indemnify, hold harmless and defend the
CITY from and against any or all loss, cost, expense, damage or li-
ability, 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.
21. 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 and maintenance or the
Work called for or required to be done hereunder, a policy of in-
surance naming 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 of 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-
surance 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 amounts: for bodily injury, $100, 000 each per-
son; $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 evi-
dence of said foregoing policy or policies of insurance as shall be
AARP 7
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in cov-
erage without giving the City Engineer at least ten (10 ) days advance
notice thereof.
(c) In the event that the project covered herein should be mu-
tually 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 of Cupertino shall
equally apply to municipality and political subdivision.
22. 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 are needed to implement improvements outlined by the
Director of Public Works or improvements outlined within an adopted
Water Master Plan.
The amount shown herein at Part K, Page 2, shall be the full
amount due.
23 . TERMS AND CONDITIONS
It is further agreed that the above named terms and conditions
for the said Tract, shall bind the heirs, successors, administrators,
or assigns of the DEVELOPER. The assignment of this AGREEMENT shall
not be made without approval by the City Council of said CITY.
IN WITNESS WHEREOF, said 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 be affixed the day and year first above written.
CITY OF CUPERTINO
�'.
Approved as to form: .yor:
City Attorney: City Clerk:
DEVELOPER: D� Antu 2coQef\`e5
Notary Acknowledgment Required. By: byLN. ' \Jr `
Page 8
, STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day of Rth day of March
• in the year of 1983 , before me Juanita E. Terry
personally appeared John Vidovich
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
WITNESS my hand and official seal.
nn eeenuuemmllneeemeenmemnU
p� JUANITA E. TERRY t C
• it,� t� NOTARY PUBLIC — CALIFORNIA
w ` PRINCIPAL OFFICE IN y of Public In and for/ he County
4, SANTA CLARA COUNTY C Santa Clara, State of California
My Commisslon Expires Apr.3.1984
a tunaZetimmn►nnne.9nnunksomannumil
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day of day of
in the year of , before me
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as president (or secretary)
or on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
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
6/29/82
} , H 052f',c '7®'7' H®52;,,x,667
'7478402
t' REC. FEE FILED FOR RECORD
AT REQUEST OF
MICRO (`�'t-�`�-/
LIEN NOT - SEP 29 (0 s H '82
OFFICIAL RECORDS
11
SMPF SANTA CLAR/{ COUNTY
GEORGE A. MANN
REGISTRAR RECORDER
RETURN TO CITY NO FEZ: IN A^^_„v:JAN;CS yp •
OF CUPERTINO WITH GOV COOT' 0103 - ,!4 / Ci4o
Aw
• r1M '10300 TORRE AVE. RESOLUTION NO. 5957 A
CUPERTINO, CA 0101411052 C-6S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING`THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO.
7393 , NORTH OF ROUTE 280, EAST OF DE ANZA BOULEVARD; DEVELOPERS
DE ANZA-FORGE, A LIMITED PARTNERSHIP• - STANDARD, AGREEMENT;
OTIS F. AND MURIEL N. FORGE, DEFERRED AGREEMENT, ACCEPTING
CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND
IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT
IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval and for
authorization to record the final map of Tract No. 7393 located north of Route
280, east of De Anza Boulevard, showing certain avenues, drives, places, and
roads by De Anza-Forge, a Limited Partnership; and
WHEREAS, there has been presented to the City Council a proposed standard
agreement between the City and De Anza-Forge, a limited partnership and a
proposed deferred agreement between the City and Otis F. and Muriel N. Forge
for the construction of streets, curbs, and gutters, and for other improve-
ments, and good and sufficient bonds, fees, and deposits as set forth in
1 Exhibit "A” having been presented for the faithful performance of said work
and the carrying out of said agreements; and said map, agreements, and bonds
having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
•
•` a. Said final map and improvement plans of Tract No. 7393, be and the
same are hereby approved.
b. The offer of dedication for roadway and for easements is hereby accepted.
c. The City Engineer and the City Clerk are hereby authorized to sign said
t final map.
d. The City Engineer is hereby authorized to sign the improvement plans.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreements herein referred to and have the deferred agreement recorded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on this 20th day of September , 1982, by the following
vote:
iIIdQ a4,1
Vote Members of the City Council THIS IS TC GERTIFY TH A1tTH E,WITHIN
INSTRIJMENTI,S'ATRL,IE AND CORRECT COPY
AYES: Johnson, Plungy, Rogers, Sparks, Gatto ❑F. THE ❑RI SINAL ON FILE IN PHIS OFFICE.
NOES: None
ABSENT: None T= s`/_1
ATTES
ABSTAIN: None CITY CLERK OF THE GITYIOF Gtir-ERTINO
ATTEST: APPROVED: aY___ .'� r
C1Jt. CLERK'' �—
/s/ Dorothy Cornelius /s/ John Gatto
City Clerk Mayor, City of Cupertino
•
• Resolution No. 5957
EXHIBIT "A" 11052Pite68u'Civ
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Tract No. 7393
De Anza-Forge, A limited Partnership
LOCATION: North of Route 280, East of De Anza Boulevard
Standard Agreement Fees '
A. Faithful Performance Bond: $100,000.00
One Hundred Thousand and no/100 Dollars
B. Labor and Material Bond: 100,000.00
One Hundred Thousand and no/100 Dollars
C. Checking and Inspection Fee: 5,000.00
Five Thousand and no/100Dollars
D. Indirect City Expenses: 750.00
Seven Hundred Fifty and no/100 Dollars
E. Map Filing Fees: 104.00
One Hundred Four and no/100Dollars
F. Development Maintenance 280.00
Two Hundred Eighty and no/100 'Dollars
G. Storm Drainage Fee: (lot 1) 5,082.00
Five Thousand Eighty-two and no/100 Dollars
H. One Year Power Cost: 175.00
One Hundred Seventy-five and no/100,Dollars
I Street Trees: By Developer
J. Park Fees: N/A
K. Water Main Extension Deposit: N/A
All fees on deferred agreement are deferred.
RETURN TO CITYf
OF CUPERTINO NO FEE. IN ACCORDANCE
10300 TORRE AVE. WITH 60V CODE 6103
CUPERTINO, CA 95014 11052NE689
AGREEMENT
This AGREEMENT made and entered into this 20th day of
September, 1982 , by and between the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter
designated as CITY, and ;Otis F. and Muriel N. Forge,
hereinafter designated as DEVELOPER.
WITNESSETH _. -- -
WHEREAS, the DEVELOPER has made application to the CITY for a
Tract Map No. 7393, and is securing a building permit from CITY to
construct and maintain a mini-storage facility, hereinafter referred
to as "Project. "
WHEREAS, the CITY hereby agrees to permit DEFERMENT of the re-
quired development improvements in accordance with the provisions of
this AGREEMENT; and
WHEREAS, the DEVELOPER hereby agrees to provide necessary im-
provement plans and specifications at such time as they may be re-
quired by the City Engineer or as provided herein; and
WHEREAS, the DEVELOPER agrees to provide bonds, cash payments,
or other guarantees as outlined herein to assure compliance with
conditions of development approval; and
WHERAS, pursuant to the provisions of this AGREEMENT, the CITY
Page 1
A . 11052 fi,sE 690
hereby established the amounts of Bonds, Fees, and Deposits as set
forth in the following schedule:
Street Improvement Requirements - N/A
PART "A. Faithful Performance Bond: Deferred
PART B. Labor and Material Bond: Deferred
PART, C. Checking and Inspection Fee: • Deferred
PART D. Indirect City Expenses: Deferred
PART E. Development Maintenance Deposit: . Deferred
PART F. - Storm_Dxainage Fee: Deferred
PART G. One Year Power Cost: Deferred
PART H. Street Trees: Deferred
" - PART I. Map Checking Fee: Deferred
PART J. Park Fee: Deferred
PART K. Water Main Extension Deposit Deferred
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 keep said offer open until the CITY accepts offer by resolu-
tion.
(b) Upon execution of this AGREEMENT the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real prop-
erty Zescribed 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; said Preliminary Title Report shall be
Page 2
•
11®52?• furnished: N/A
GE691
(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 encumbrances except those as the CITY shall
expressly waive 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 AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WORKI •
t is further agreed that:
(a) The DEVELOPER shall install and complete the Work within one
(l) year from the date of execution of this AGREEMENT, or such longer
period as may be specifically authorized in writing by the City En •
-
gineer. In the event the DEVELOPER fails or refuses to complete the
Work within the specified period of time, the CITY, at its sole op-
tion, shall be authorized to complete the Work in whatever manner the
CITY shall decide. In the event the CITY competes the Work, the CITY
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
existing ordinances and resolutions of the CITY and in accordance with
all plans, specifications, 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 Work shall be done in accor-
dance 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 applicable.
{
Page 3
H 05 r'G.692
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 Public Works" is mentioned, it shall be considered as
referring to the City Engineer.
In caseof conflict between the State Specifications 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
.a' 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 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 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 laying
beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed
and Authorization" in favor of CITY, when presented to him for sig-
nature.
•
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 faith-
ful performance bond shall be the full cost of any payment to be made
under this AGREEMENT, the value of any land agreed to be dedicated,
and any improvements 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 pay-
ment of all labor and materials required to construct said improve-
ments. The amount of said bonds- shall be as designated by the City 00
•
• Page 4 •
H 050 NNQE 693
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 do so.
(b) In lieu 'of a surety bond, the DEVELOPER may elect to secure
\, this AGREEMENT by depositing with the CITY:
i.
(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 con-
ditions 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 certi-
ficate 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. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all neces-
sary direct expenses for inspection, checking, etc. , incurred by CITY
in connection with said Project, and that DEVELOPER shall have depos-
ited with CITY, 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
•
- Page 5
H 052P,Gi 694
•
: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) .
` 7A. MAP FILING 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 Secti_on_ 4:1
of Ordinance lio: 47 (Revised 12/04/61) of CITY,. the amount as set
forth herein at Page 2 (Part I ) ,
8. 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 proper
dust control and cleaning during the construction period. The devel-
• . opment maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or ma-
terials. appearing in said work ;during the period until release of the
. improvement bonds by the CITY. Should the DEVELOPER complete the
required repairs to the entire satisfaction of the CITY, the unused
. balance will be returned after the release of the improvement bonds.
9.A STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, 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
forth herein at Page 2 (Part F) .
•
9.B 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
Page 6
•
H05. r„uE695
until said monies are needed to implement improvements outlined by the
Director of Public Works or improvements outlined within an adopted
• Water Master Plan.
•
The amount shown herein at Part K, Page 2, shall be the full
amount due.
w ' 10 . ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to 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.
•
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 street trees in conformance
• with the standards of the CITY of Cupertino. Variety of tree shall be
selected from the City approved list.
•
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 re-
, quired within "Park Dedication Ordinance" Number 602,. 1972 and which
. is further stipulated under Part J. , Page 2 herein.
13. MAINTENANCE 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
the entire satisfation of said CITY, all defects and imperfections
arising- out of or due to faulty workmanship and/or materials appearing
in said Work.
14. SANITARY DISTRICT
'Page 7
•
HO52pAGE696
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 constructions of the said sanitary
sewers and to insure maintenance of said sanitary sewer in conformance
with the provisions as set forth in Paragraph 13 above has been filed.
•
•
•
Page 8
•
11052 PA G`697
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, per-
taining to special assessments or bonds, have been complied with.
E 16. 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 Pro-
tection District of Santa Clara County, stating -that-the DEVELOPER has
_ entered into-an-AGREEMENT' 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.
•
• 17. STREET LIGHTING
- It is further agreed that the DEVELOPER shall apply for the in-
• stallation of electric power for street lighting at the earliest date
possible.
18 . P. G. and E. and P. T. and T.
•
It is further agreed that -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 under-
ground wiring circuits to all electroliers 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 Telephone and
Telegraph Company that said fees are due and payable..
19. 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 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 damages, if any. It is further
provided that in addition thereto, such sums as may be required for
i
- Page 9
•
•
H 052 NG:698
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.
20 . HOLD HARMLESS
•
It is further agreed that, commencing with the performance of the
Work by the DEVELOPER or his contractor and continuing until the com-
' , pletion 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 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.
21. 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 andmaintenance 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 of 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-
surance 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 amounts : For bodily injury, $100, 000 each per
son; $300, 000 each occurrence; property damage, $50', 000 on account of
any one occurrence with an aggregate limit of not less that $200, 000.
(b)
to the time hofDexecutionshofallthisfileAGREEMENTwith thebyltheCtyEDEVELOPERngineerasuch t orperio
Vi-
' dence 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.
Page 10
11052NGE699
' (c) In the event that the Project covered herein should be mu-
' tually situated in or affect the area of jurisdiction of a separate
f, 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.
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 must be completed within one (1)
_year thereafter, or in the absence .of such notification, no later than
five (5) years and six ( 6) months from date of this AGREEMENT, the
following improvements: "
The work d erre-d herein is that certain work outlined in the
City Council Action dated July 8, 1982, No. 18 - Section c, d, e and
f, , A copy of this Action is attached as Exhibit "C".
•
Until such notification is made by CITY, or such times has e-
'_lapsed, Sections numbered two (2) through twenty-one (21) 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 the improvements set forth herein under a joint
. cooperative plan, including the formation . of a local improvement
,district, if this method is feasible to secure the installation and
construction of the improvements.
23. SUCCESSORS - RUN WITH LAND
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVELOPER. It is agreed and
' understood that this AGREEMENT shall be filed for record in the Office
-of the County Recorder of the County of Santa Clara, State of Cali-
fornia and that the covenants in this. AGREEMENT shallrun with the
land, a description of which is contained in Exhibits "A and B", which
are attached hereto and made a part hereof by reference, and are for
the benefit of- the other lands in the CITY of Cupertino
•
Page 11
•
•
H052PAGE 700
IN WITNESS WHEREOF, CITY has caused its name to be hereunto af-
• fixed by its Mayor and City Clerk, thereunto duly authorized by
resolution of the City Council and said DEVELOPER has , .hereunto caused
• his name to be affixed the day and year first above wr .,tA0^^`-�,-
CITY OF CUPERTINO ' '' •7?
Approved as to form: Mayor: ` —r.S,9 y„ 7/
. City Att• n City Cle
DEVELOPER. Got!
BY:
Acknowledgements and Exhibits "A, B and C" attached.
•
•
fi STATE OF CALIFORNIA ) H 052f't.GE 701
COUNTY.OF SANTA CLARA)
..t;
fry On this • 17th day of September
r y,
'4's'r,,n: sin the year- of 1982 , before me Barbara Adams
y.-personally appeared Otis F. Forge •
"^ personally known to me (or proved to me on the basis of satisfactory evidence)
: : , to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.'
WITNESS -my—hand and official seal. -- - _.
- - - - -._ _ OrFICL4L SEAL 0 74c
' _h RA ADAMS
c ��8. NOTARY PPUBLIC-CALIFORNIANotary Public in and for the County
SAMA CLARA COUNTY of Santa Clara, State of California
�'`; My Comm.Expires Dec.10,1985
•
•
STATE OF CALIFORNIA )
ea.
' COUNTY OF SANTA CLARA)
•
On this - 17th day of September
•
in the year of -1.982 , before me Barbara Adams
personally appeared Muriel N. Forge
;personally known to me (or proved to me on the basis of satisfactory evidence)
fo •be the person whose name is subscribed to this instrument, and acknowledged
' that he ,(she or they) executed it.
1 .
WITNESS my- hand and official seal.
•
N-, L.OFFICIAL SEAL i
sA33@ARA ADAMS. at e sic c['Zz l29//7�da-,NOTARY PUBLIC-CALIFORNIA
. SANTA CLARA COUNTY Notary Public in and for the County
My Comm.Expires Doc 20,1905 of 'Santa Clara, State of California
O -
EXHIBIT A r
TRACT No. 7 39 3 e LEGEND 9 NOTES
• :O:PIS RD.SPE FDL SD Ai kOlED.
CONSISTING OF TWO 12) SHEETS Iwl:Ari?4 :xJ4D;vE•-
O 102E-ES YD1t4EKT PY.A1 E.
1.07E].
N BEING A PORTION OF SECTION tE T.,S.R,%W. _0 102E-ES ORWrE NO RL-7.0AS DU.
M.D.B. } M,I AND LYING ENTIRELY WITHIN THE: -0.0V-Ii DIiTIk::IV; 110RMEx
• MIMES RD4NPINT nT.
o. CITY OF CUPERTINO CALIFORNIA 9 IYDigiO BIOS N4 MOOADAT SV,
3�` MAY f lyA'L-, I.D:MEVSI34S Iufl:4"E]10.E 114 NET G3 JEE MAIi lbFREDF,
'i\�\ < ` SCALE: 60' 2.'YE OgT14ETWVE 3O22E2 IVDI'AIEE-Al 3O:N]IRY 01 LAO SUMMED 3Y
17 0 =' v. KIRKEBY a ASSOCIATES,INC. ' :S MO,'(4SLT142 a 1,SP4 ACRES,WOAE OP LESS,
3.:D1 I It A-RS L-,!PUNIC 311./11 EEIIUN-j,ERfe-AE WO.
%
/Y 7246 SHARON DRIYErSAN JOSE.CALIFORNIA,99129 ,,
`'2 I (4 0 91 2 91-10 9 9 IwIt4iEi kit\KEi1.
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SOILS NOTES 9 ks 0 BEARINGS AVENUE --
IAR�11N, �a 414' ONO 1. 'ICU.41 m K4'sTU:etn AS fi;w
is i��.o I RI fDiilfi.fOEDM4U!veiNjli eiO tW\awi 1„f aH urn N�.1 la 1 Or 3111 OS VIM
f&I PAH
Tr,.Yr P.
11052 F G 7O3
EXHIBIT B
Parcel No. 1 of that certain map of Tract No. 7393.
{
• 11052 P,G:704
Cites a Cupertino
P.O.Box 580
70700 Torre Avenue
Cupertino,California 95014 Cupertino,California 95015
Telephone:(408)252.4505
•
OFFICE OF THE CITY CLERK -
( • April- 8, 1982 - - EXHIBIT "C"
John Vidovich
1307 Mary Avenue 11201
Sunnyvale, CA 94087
CITY COUNCIL ACTION
This will confirm the action by the City Council at their meeting of
July 6, 1982 at which your Application 8-TM-82 was approved with the
• following conditions:
1-14. Standard Conditions to the extent that they do not conflict
with the special conditions enumerated herein. In the event a
conflict does exist, the special conditions as enumerated
herein shall apply.
15. The approval is based upon Exhibit A of Application 8-TM-82
as may be amended by additional conditions contained herein.
•
16. Prior to recordation of the final map, the applicant shall
record an "Agreement to Encumber Condominium Units" which encumbers
a minimum of ten (10) units within the project to be sold
in a manner consistent with the City's Below Market Rate Housing
Program. Said ten (10) units need not be a part of the first
24 units constructed in the project.
17. The first phase of the development may consist of Lot 5 only.
18. All applicable subsections of Sections 13.5 and 13.6 of the
RIC Ordinance (Ordinance No. 664) regarding street improvement
requirements and covenants shall apply to the subject develop-
, mens. The applicant shall be required to install street improve-
ments from the present terminus of Franco Court on to the subject
property including a full cul-de-sac bulb constructed to
Cupertino standards. Other street improvement requirements
shall include the following:
.. .
` H 052.?AGE 705
Location Improvements Required Cost Participation
a. Franco Court Install full street In conjunction To be determined by
improvements from with con- Director of Public
existing terminus. struction on Works per existing
Lots 1 & 5 agreements with
shopping center.
b. Cul-de-sac Install full cul- In conjucntion To be determined by
Franco Court de-sac per Central with con- Director of Public
terminus Fire District re- struction on Works depending upon
quirements. Lots 1 & 5 final location.
c. Intersection of Install traffic Prior to 100% with possible
Homestead Road signal Issuance future reimbursement.
and Franco Court of building __ _ Street improvement .
permits for agreements to be ob-
.
Lots 2 or 3 tained prior to
or 4 recordation of final
map.
d. Homestead Road Widening: Prior to To be determined by
Acqusition and issuance Director of Public
improvement. of building Works. Street improve-
permits for ment agrements to be
Lots 2 or 3 obtained prior to re-
or 4 cordation of final map.
e. Intersection Widening and/or Prior to To be determined by
De Anza Blvd. signal issuance Director of Public
and Homestead modifications of building Works. Street improve-
Road permits for ment agreements to be
Lots 2 or 3 obtained prior to re-
or 4 cordation of final map.
f. East bound Widening Prior to To be determined by
off-ramp issuance Director of Public
at 280 Freeway of building Works. Street improve-
permits for ment agreements to be
Lots 2 or 3 obtained prior to re-
or 4 cordation of final map.
19. The emergency access road shall be installed from Lot 1 through
Lots 2, 3, 4 and 5 providing emergency access to North De Anza
Boulevard. Said roadway shall be installed as a part of the 'first
phase of construction on Lots 1 and 5.
•
20. The building wall locations illustrated on the tentative map
exhibit are conceptual in nature, and in no way alter the building
site plan approved in conjunction with the use permit application
18-U-81.
1. ; H052NGE 706
21. The homeowners documents, enabling declaration and condominium
plan shall be approved by the Department of Planning and Develop-
ment prior to being recorded.
•
Sincerely,
l
1 _• �
DOROTHY CORNELIUS •
CITY CLERK •
rw
encl. •
cc: Department of Planning and Development
Wm.-McBee—
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Otis F. Forge
20691 Homestead Road
Cupertino, CA 95014
Kirkeby & Associates, Inc.
7246 Sharon Drive
San Jose, CA 95129
•
•
•
•
•
•
•
- 3 -
•
A
• • • • • • • T T
-' d. rtificate°of Insurance
..-ora THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NG RhHTSUPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND'ADDRESS OF AGENCY urnovp - _ - `
PIIBLIG _ COMPANIES AFFORDING-COVERAGES ' : w
'wINN co. - - - - SEP 2X19,82.. COMPANY,A - - - -" :
. . _ p.0-.- BOX 220- _ - _ _ _ _ Gulf - --
HOLLISTER, CA 95023 - - � r y:. . COMPANY •. .
' "• (s:- ' LETTER , -9.0 N3i ss9 onal National - _ _• _
NAME AND ADDRESS OF INSURED - ' :• _ w - . • '
•
COMPANY ■V' -
_John_Aidovich, etal - . ' LETTER .• '
DBA: DeAnza Square Shopping Center ' - . COMPANY D '
1307 S. Mary.Avenue.Suite 201 .. _- �I:ETTFR
Sunnyvale, California 94087 - COMPANYE -•
- • - .LETTER '
This is to certify that policies of insurance listed below have been Issued to the insurednamedaboveand are in forte at this time: Notwithstanding any requirement,term or condition:.
of anycontract or other;document with respect to which thiscertificatemaybe Issued.or may pertain;the insurance affordedbythe policies described herein-Is-subject to.all the'
terms,exclusions and conditions of such policies. . : . _
• -
COMPANY '- • 'POLICY . L_ Limits of Liability in Thousands(000). ..
_
LETTER TYPE OFINSURANCE POLICY NUMBER "}, EXPIRATION DATE - EACH _ AGGREGATE
OCCURRENCE
.GENERAL LIABILITY - ' = - •
BODILY INJURY $ $
t COMPREHENSIVE FORM - • - . '
❑,PREMISES—OPERATIONS _ PROPERTY DAMAGE $ $
•
A [13 EXPLOSION AND COLLAPSE
HAZARD ?` •
GA5702727 - 9-1-83
®UNDERGROUND HAZARD . - " - • . -
❑ERODUCTS/COMPLETED
OPERATIONS HAZARD - 'BODILY INJURY AND - '
• ❑'CONTRACTUAL INSURANCE PROPERTY DAMAGE $ - S _
®BROAD FORM PROPERTY COMBINED 500 500'
DAMAGE
U INDEPENDENT-CONTRACTORS - - - ' l
-
•
®PERSONAL'INJURY - PERSONAL INJURY - $
• I ,
.AUTOMOBILE LIABILITY. -.
i,~- _ ., (EACH PERSON) $
- i❑ COMPREHENSIVE FORM _ _ - ' i ' 'BODILY INJURY: - '$-
'❑OWNED - - _-(EACH ACCIDENT) .
❑HIRED - - • _ PROPERTY DAMAGE' $
BODILY'INJURY AND •
❑ NON-OWNED - ' ' - ` - PROPERTY DAMAGE. $ -
' - COMBINED • '
' EXCESS LIABILITY _
BODILY INJURY AND
B. ® UMBRELLA FORMPROPERTY DAMAGE $ $
❑ OTHER THAN UMBRELLA Binder # 67410- , 9-1-83 COMBINED 20,000 20,000
FORM
WORKERS'COMPENSATION - ' -, 2.STATUTORY
. _ and • . _ - -
' EMPLOYERS'LIABILITY - . - - $
(DILI ACCIDENT.
OTHER -
• DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES '
° Job: Tract #7.393, Cupertino, California -
Cancellation: Should any of the above descriled.policies be cancelled before.the expiration date-thereof,-the issuing Com- '
- _ pany will eAdElltg dgxnail--1A days-written notice to the below named.certificate holder,1UPa€XX X
'# C kit 2gWkkalk3i#raPA:n *Xlle ltk2kRU CR4f RRRAIOSTARIOYXXXXX - -
' NAME AND ADDRESS OF CERTIFICATE HOLDER: - - -
. - DATE ISSUED: G=1F—A7 ;TT/hen
City of Cupertino , 1 - ///1
110300 Torre Avenue � //Cupertino,_ California95014- -
(.4)))
Qy- - - '4l/'. UrH IZED REPRESENTATIVE
Attention: Lraves Whitten " -
_ _ _ - _ _ - - _
-
AORO 25(1-79) / 526 .
_ GL 2009
Y` (Ed. 01 73)
This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless otherwise stated herein. r77-
77
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
' •Endorsement effective 9-12-82 Policy No. DeAnza Square ShoppingEOSIoPt No. /
Named Insured GA5702727
I 1 ,
Additional Premium$ Countersigned by _Ai I A 'dJ_ : —
(Authorize. Representative) °
� " ...
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
...
ADDITIONAL INSURED
City of Cupertino Member of City Counci�wners or Contractors)
Individually and Collectively; it's officers '
Agents and Employees of the City Job: Tract #7393
City of Fremont's Officers, Individually & Collectively Cupertino, California
Employees or Agents Schedule
Name of Person or Organization
(Additional Insured) Location of Covered Operations
Premium Bases Rates Advance Premium
Bodily Injury Liability • Cost $100 of cost $
Property Damage Liability Cost $100 of cost $ •
i Total Advance Premium $
It is agreed that: -
1. The "Persons Insured" provision is amended to include as an insured the person or organization named above(hereinafter called "additional insured"),
but only with respect to liability arising out of(1) operations performed for the additional insured by the named insured at the location designated above
or(2)acts or omissions of the additional insured in connection with his general supervision of such operations.
2. None of the exclusions of the policy,except exclusions'(a),(c),(f),(g).0),(j)and(m),apply to this insurance.
3. Additional Exclusions Thjs insurance does not apply: iS1__I1) '..
(a) to bodily injury or property daniage occurring after.
(1) all work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the
covered operations has been completed or
(2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization
other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project;
' (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general super-.
vision of work performed for the additional insured by the named insured;
(c) to property damage to
(1) property owned or occupied by or rented to the additional insured, 1
(2) property used by the additional insured, .
(3) property in the care, custody or control of the additional insured or as.to which the additional insured is for any purpose exercising physical
control,or •
(4) work performed for the additional insured by the named insured.
4. Additional Definition When used in reference to this insurance,"work"includes materials,parts and equipment furnished in connection therewith.
PRIMARY CLAUSE It is understood and agreed that this insurance is primary and any € ;..
insurance of the additional insured is 'eiccess onty. - ; -
GL 20 09 01 73
.,....s....-mow...-.....= .+,i^"a.> ,..._ ..-.,, .. . q a•- ::' ^-'m n,,--vow.o,,..»...,,...nras....
,`ss-.. ___� . " . ,•... .Y —c ....cam- _ -r -: .nc. r_:.✓d... ... _ __ __�. _._ ___ — _ '_.__
•
• � , RESOLUTION NO. 5957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
0 APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO.
7393 , NORTH OF ROUTE 280, EAST OF DE ANZA BOULEVARD; DEVELOPERS
DE ANZA-FORGE, A LIMITED PARTNERSHIP - STANDARD AGREEMENT;
OTIS F. AND MURIEL N. FORGE, DEFERRED AGREEMENT, ACCEPTING
CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND
IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT
• IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval and for
authorization to record the final map of Tract No. 7393 located north of Route
280, east of De Anza Boulevard, showing certain avenues, drives, places, and
roads by De Anza-Forge, a Limited Partnership; and
WHEREAS, there has been presented to the City Council a proposed standard
agreement between the City and De Anza-Forge, a limited partnership and a
proposed deferred agreement between the City and Otis F. and Muriel N. Forge
for the construction of streets, curbs, and gutters, and for other improve-
ments, and good and sufficient bonds, fees, and deposits as set forth in
Exhibit "A" having been presented for the faithful performance of said work
and the carrying out of said agreements; and said map, agreements, and bonds
having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said final map and improvement plans of Tract No. 7393, be and the
same are hereby approved.
b. The offer of dedication for roadway and for easements is hereby accepted.
c. The City Engineer and the City Clerk are hereby authorized to sign said
final map. •
d. The City Engineer is hereby authorized to sign the improvement plans.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreements herein referred to and have the deferred agreement recorded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino' on this20th day of September , 1982, by the following
vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
•
/s/ Dorothy Cornelius /s/ John Gatto
City Clerk Mayor, City of Cupertino
Resolution No. 5957
•
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Tract No. 7393
De Anza-Forge, A limited Partnership
LOCATION: North of Route 280, East of De Anza Boulevard
Standard Agreement Fees
A. Faithful Performance Bond: $100,000.00
One Hundred Thousand and no/100 Dollars
B. Labor and Material Bond: 100,000.00
One Hundred Thousand and no/100 Dollars
C. Checking and Inspection Fee: 5,000.00
Five Thousand and no/100Dollars
D. Indirect City Expenses: 750.00
Seven Hundred Fifty and no/100 Dollars
E. Map Filing Fees: 104.00
One Hundred Four and no/100Dollars.
F. Development Maintenance 280.00
Two Hundred Eighty and no/100 Dollars
G. Storm Drainage Fee: (lot 1) 5,082.00
Five Thousand Eighty-two and no/100 Dollars
H. One Year Power Cost: 175.00
One Hundred Seventy-five and no/100.Dollars
I Street Trees: By Developer
J. Park Fees: N/A
N/A
K. Water Main Extension Deposit:
All fees on deferred agreement are deferred.
AGREEMENT•
This AGREEMENT, made and entered into this 20diay of
September , 1982, by and between the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter design-
ated as CITY, and DE ANZA-FORGE, A LIMITED PARTNERSHIP, hereinafter
designated as DEVELOPER.
WITNESSETH
WHEREAS said DEVELOPER desires to subdivide certain land within
the City of Cupertino in accordance with the map heretofore filed with
the City Council of the City of Cupertino, marked and designated Tract
7393 Cupertino California, hereinafter designated as the "Tract; " and
WHEREAS, said map shows certain courts, drives and roads which are
offered for dedication for public use; and
WHEREAS, said DEVELOPER desires to construct dwellings on the lots
in said "Tract; " and
WHEREAS, CITY hereby approves the improvement plans and spec-
ificationsprepared for the Tract by Kirkeby and Associates, a true
copy of said 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 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
•
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amount of bond, fees and deposit as set forth
in the following schedule.
SCHEDULE OF BONDS, FEES AND DEPOSITS
Part A. Faithful Performance Bond:
One Hundred Thousand and no/100 Dollars $100, 000. 00
Part B. Labor and Material Bond:
One Hundred Thousand and no/100 Dollars $100, 000. 00
Part C. Checking and Inspection Fee:
Five Thousand and no/100 Dollars $ 5, 000 . 00
Part D. Indirect City Expenses:
Seven Hundred Fifty and no/100 Dollars $ 750 . 00
Part E. Map Filing Fee:
One Hundred Four and no/100 Dollars $ 104.00
Part F. Development Maintenance Deposit:
Two Hundred Eighty and no/100 Dollars $ 280 . 00
Part G. Storm Drainage Fee: (Lot 1)
Five Thousand Eighty-Two and no/100 Dollars $ 5, 082. 00
Part H. One Year Power Cost:
One Hundred Seventy-Five and no/100 Dollars $ 175. 00
Part I. Street Trees: By Developer
Part J. Park Fees : N/A
Part K. Water Main Extension Deposit: N/A
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. INSTALLATION OF WORK
It is agreed that in consideration of the approval of said map
and the acceptance on behalf of the public of the courts, drives and
roads offered for dedication,
(a) The DEVELOPER shall install and complete the Work within one
( 1) year from the date of execution of the 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 op-
tion, shall be authorized to complete the Work in whatever manner the
CITY shall decide. In the event the CITY completes the work, the CITY
PAGE 2
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 performed under the in-
spection and with the approval of the. City Engineer. The Work shall be
done in accordance with existing ordinances and resolutions of the
City. of Cupertino, and in accordance with all plans, specifications,
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, spec-
ification, plans, sizes, lines and grades as set forth.
(c) It isfurther agreed that the Work shall be done in ac-
cordance 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 applicable. Wherever the words
"State" or "California Department of Transportation" 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 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 of Cupertino and/or the Cupertino Sanitary
District, the specifications of the City of Cupertino and/or the Cu-
pertino Sanitary District shall take precedence over and be used in
lieu of such conflicting portions.
2. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of City of Cupertino by obtaining an' ex-
cavation 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.
3. QUITCLAIM DEED - UNDERGROUND WATER RIGHTS
It is further agreed that DEVELOPER shall quitclaim all his
rights and interests in, and shall grant to CITY authorization to
extract water from the underground strata lying beneath said Tract and
DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in
favor of CITY, when presented to him for signature.
4. BONDS
It is further agreed that prior to, or concurrent with, the ex-
ecution of this AGREEMENT, the DEVELOPER shall execute and deliver to
the City Engineer a faithful performance bond running to the CITY, as
PAflF. 3
•
•
•
obligee, and a labor and material bond running to the CITY and to all
contractors, subcontractors, laborers, material, men and other persons
referred to in Chapter 2, Title 4, Part 3 of the Code of Civil
Procedure of the State of California, as obligees, said performance
and labor and materials bondsshall each be in the amount as estab-
lished in the Schedule of Bonds, Fees, and Deposit as set forth herein
at Page 2 (Parts A and B) and shall conform with the provisions of
Resolution 1591 of the City Council of Cupertino.. Said bonds shall be
in a form acceptable to the City Engineer and shall be' approved by him
prior to or concurrentwith the •execution of this agreement by the
CITY.
5. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all neces-
sary direct expenses for inspection, checking, etc. , incurred by CITY
in connection with said Tract, and that DEVELOPER shall have de-
posited with CITY, prior to execution of this AGREEMENT, the amount as
set forthherein 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
6. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expenses allocable to processing
this improvement, the amount as set forth herein at Page 2 (Part D)
7. MAP FILING 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 4:1
of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at Page 2 (Part E) .
8. 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 proper
dust control and cleaning during the construction period. The de-
velopment maintenance deposit 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 improvement bonds by the CITY. Should the DEVELOPER complete the
required repairs to the entire satisfaction of. the CITY, the unused
balance will be returned after the release of the improvement bonds.
9. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge in
connection with said Project in accordance with the requirements es-
PAGE 4
•
•
tablished in Resolution 4422, March 21, 1977 in the amount as set
forth herein at Page 2, (Part G) .
10 . 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 H) , which amount represents the power cost for street
lights for one year.
11. 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.
•
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. MAINTENANCE OF THE WORK
It is further agreed that the DEVELOPER shall maintain the Work
(a) for a period of one (1) year after acceptance of the Work by the
City Council of the City of Cupertino, or (b) until all deficiencies
in the Work are corrected to- conform to the Plans and the CITY stan-
dards and specifications for the Work, whichever is the later to oc-
cur,. The DEVELOPER shall, upon written notice thereof, immediately
repair or replace, without cost or obligation to the City of Cuper-
tino, and to the entire satisfaction of said CITY all defects and
imperfections arising out ofor due to faulty workmanship and/or
materials appearing in said Work.
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
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 Tract 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
the provisions as set forth in Paragraph No. 13 above, have been
filed.
• 15. BUSINESS AND PROFESSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions
of Section 11603, Article 8, Chapter 2 of the Business and Professions
Code, pertaining to special assessments or bonds, have ben complied
• PAGE 5
•
•
with.
16 . 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 Pro-
tection District of Santa Clara County, stating that the DEVELOPER has.
entered into an AGREEMENT with said District to install fire hydrants
to serve said Tract and stating that all necessary fees have been
deposited with said District to insure installation and five (5) year
rental fee of said hydrants.
17 . STREET LIGHTING - P. G. AND E. RATE SCHEDULE SHALL APPLY
It is further agreed that the DEVELOPER shall apply for the in-
stallation of electric power for street lighting at the earliest date
possible
18. P. G. AND E. AND P. T. and T.
It is further agreed that 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 under-
ground wiring circuits to all electroliers within said Tract 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 Telephone and
Telegraph. Company that said- fees are due and payable..
19. 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 DEVELOPER at his
own expense. 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 damages, if any. It is further provided that 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 CITY.
PAGE 6
•
20 . HOLD HARMLESS
It is further agreed that, commencing with the performance
of the' Work by the DEVELOPER or his contractor and continuing until
the completion of the maintenance of the Work as provided in Paragraph
13 above, the DEVELOPER shall indemnify, hold harmless and defend the
CITY from and against any or all loss, cost, expense, damage or li-
ability, 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.
21. 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 and maintenance or the
Work called for or required to be done hereunder, a policy of in-
surance naming 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 of 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-
surance 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 amounts: for bodily injury, $100, 000 each per-
son; $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 evi-
dence 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 cov-
erage without giving the City Engineer at least ten (10) days advance
notice thereof.
(c) In the event that the project covered herein should be mu-
tually 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 of Cupertino shall
equally apply to municipality and political subdivision.
Page 7
•
•
22. 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 are needed to implement improvements outlined by the
Director of Public Works or improvements outlined within an adopted
Water Master Plan.
The amount shown herein at Part K, ' Page 2, shall be the full
amount due.
23. TERMS AND CONDITIONS
It is further agreed that the above named terms and conditions
for the said Tract, shall bind the heirs, successors, administrators,
or assigns of the DEVELOPER. The assignment of this AGREEMENT shall
not be made without approval by the City Council of said CITY.
IN WITNESS WHEREOF, said 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 be affixed the day and year first above written.
CI Y OF CUPERTINO
4g r-1 '''1 /1712
Approve. as ty for .r:
Arir Attorney / City rk. 1/
DEVELOPER:e \coat, ' (,mi±eJ i)0 AQf561,
Notary Acknowledgment Required. in
By: h. 0 "
Page 8
•
STATE OF CALIFORNIA
SS:
COUNTY OF SANTA CLARA
ON THIS 14th DAY OF September , 198 2 , BEFORE
ME, Juanita E. Terry , A NOTARY PUBLIC
IN AND FOR SAID COUNTY AND STATE, RESIDING THEREIN, DULY
COMMISSIONED AND SWORN, PERSONALLY APPEARED John Vidovich
KNOWN TO ME TO BE A GENERAL PARTNER IN DE ANZA-FORGE, A CALIFOR-
NIA LIMITED PARTNERSHIP, PERSONALLY KNOWN TO ME TO BE THE PERSON
WHO EXECUTED THIS INSTRUMENT, ON BEHALF OF THE PARTNERSHIP AND
ACKNOWLEDGED TO ME THAT THE PARTNERSHIP EXECUTED IT.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED
MY OFFICIAL SEAL IN THE COUNTY OF SANTA CLARA THE DAY AND YEAR
OF THIS CERTIFICATE FIRST ABOVE WRITTEN.
Y PUBLIC, STATE O,ALIFORNIA
. •
Mugu vnumon owunnmunumne in
eJUANITA E. TERRY
Q.w. NOTARY PUBLIC — CALIFORNIA
IkS: PRINCIPAL OFFICE IN
' SANTA CLARA COUNTY
My Commission Expires Apr.3,1984
umtlrnessa nbWluinn/50nusinnunissr rani