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82-034 Santa Paula Place, Resolution #3339 „=TURN ;o 7995088 NC) FEE; IN ACCORDAP;CW 10300 T.:, .,v Auqi. • WITH 60V CODE 6103 CUPERTIN , CA OJ14 I + P:GE26$ AGREEMENT This AGREEMENT made and entered into this 3 day of 41.,n41 , 19 St , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and SANTA PAULA PLACE, A LIMITED PARTNERSHIP, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY and has secured a building permit from CITY to construct and maintain an single family residence, hereinafter referred to as "Project. ” WHEREAS, the CITY hereby agrees to permit DEFERMENT of the required development improvements in accordance with the provisions of this AGREEMENT; and; WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein and; WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared; 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 m ^ .v. ri OC --in GO ' fin .o, t_tl � To �'(,^ 7 'T-n L\ Jr O rn Page 1 • gym �+ nm t' n 4.01 a L A ca ate. m- —"' at b '`,'=' fi d I 351 ?!5E 29% WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Improvement Category - Deferred 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 Drainage Fee: $292. 00 Two Hundred Ninety-Two and no/100 Dollars PART G. One Year Power Cost: Deferred PART H. Street Trees: By Developer PART I . Map Checking Fee: Deferred PART J. Park Fee Deferred PART K. Water Main Extension Deposit: $50'0 . 00 Five Hundred and no/100 Dollars PART L. Maps and/or Improvement Plans : By DEVELOPER Page 2 I 351 PIGS 297 • 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 show 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 resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A" , and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER' S sole cost and expense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication; said Preliminary Title Report shall be furnished by DEVELOPER. ( 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 WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one ( 1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of. time, the CITY, at its sole option, shall be authorized to complete the Work in 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 done Page 3 I 351 P_ISE 298 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 hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered 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 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 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 the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS 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 faithful 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, Page 4 I 351 F!GE 299 the DEVELOPER shall, in addition to said faithful performance, file • • with the CITY a labor and materials bond in a penal sum adequate to assure full • payment of all labor and materials required to • construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the • State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER' S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier' s check, or a certified check payable to the order of the City of Cupertino or, 3 . A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. , incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with 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. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . Page 5 I. 351 ,x:.: 30O . 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 Section 4:1 of Ordinance No. 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 development 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 returnedafter the release of the improvement bonds. 9A. 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) . 9B. 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 and adopted Water Master Plan. • The amount shown herein at Part R, Page 2, shall be the full amount due. 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. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. Page 6 I 351 ?!&E 301 , 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 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 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 Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth .in Paragraph 13 above has been filed. 15. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, 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 installation of electric power for street lighting at the earliest date possible. Page 7 I 351 P:GE 302 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH • 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 underground 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 Teltphone. 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 andto 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 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 completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst. any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER' S agents, employees and independent contractors. 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 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 Page 8 • • I 351 °AGE 3O3 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 insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. A. Each of said policies of insurance shall provide coverage in the followingminimum amounts: For bodily injury, $100, 000 each person; $300,000 each occurrence, property damage, $50, 000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or ' prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be 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 ten (10) days advance notice thereof. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separatemunicipality 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. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcelmaps._____ B. A mylar sepia and thirteen (13) prints of fully executed tract maps. C. A mylar sepia and eleven (11) prints of fully executed improvement plans. D. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23. DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six ( 6 ) Page 9 I 351 F:GE 304 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: Any and all street improvements as approved by the Director of Public Works . Until such notification is made by CITY, or such time has I . elapsed, Sections numbered 2 - 21, excepting 9 , et al, 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. 24. SUCCESSORS - RUN WITH LAND - A.P .N. 357-04-004 • 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 California and that the covenants in this AGREEMENT shall run 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 is for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its City Manager and City Engineer, 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: • City, 'Manager `\ ,: i ty A , • :4!r i / / ity `Eng' ? • • V\/„Uv.J a,.. l p AJA- DEVELOPER: • usH 13yc Acknowledgement and Exhibits A and B Attached. Page 10 t I !� STATE OF CALIFORNIA, • -x51 ?ICE 305 r _— 3.G County of_ -•- On thit_3~ . ..day of_ ---- ,isn�the year one t and ryine J p ` hundred and Y.. -.—_._.before me,.�A' t7 D ..y._.✓._.7a.eP.�C_...j7h� 1!d, GOCOGIDG:OG:'UcoGOafiJeosX4cd9cUaisA. a Notary Public, Sta a of California, duly commissioned and sworn, personally appeared OFFICIAL SEAL Day — —.... ._.c7 Mel--_-.._.-Rr._h-./2C.&._a _...._..:............ ........._...._...._ DOROTHYMARIE CORNELIUS . a} -.._....___...._..._......_.......__..__.....—._._.__...._......._...._...._..._—.........._..:._.._._...._...._.........._ 9 NOTARY PUBLIC-CALIFORNIA a ,known to me to be one of the partners of the partnership that executed the within instrument, c-c' SANTA CLARA COUNTY and acknowledged tome that such partnership executed the some. My Commission Expires Feb. 17, 1984 I. IN WITNESS WHEREOF I have ereunta set y hand and affixed my official seal, I -r N_,.._L�r+�i�.O�fhe day and year in this Mat .sorsa)cActDc.ocucucwW ionlig nwi in the r • County of—_ r -certificate first above written. J This document is only!general may ler Yb in transactions and in M�rer acts.ort intended to act.as a w011aufa fit,IM eMte of an attorney ..._ ...... ... .. .._...._.�.. ....—...._...._.... Th.areal[,ewe nal make any warranty.ether express m smeeM.IS to me use Notary Public,State of California. ' assns of any erarmon or the suitability of these forms m any wcdrt nene[cuun. •_ /7— 0 (y� Cowdery's Form No.29—(Acknowledgment—Partnership) -- - - ..__ �. f-.. • , I 351 ME 306 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 whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. • Notary Public in and for the County of Santa Clara, State of California • 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 • 1351 P:6E 337 • • EXHIBIT A • Real property situated in the City of Cupertino, County of Santa Clara, • State of California, described as follows: • The southerly 10 feet of Section 26A, as laid out and delineated upon that certain Map entitled, Map of Las Palmas, Monte Vista, which said Map was filed for record on the 11th day of April, 1917, in Map Book P at page 17, Santa Clara County Records. Said southerly boundary of said section being the northerly boundary of Santa Paula Avenue. A.P.N. 357-04-004 • I 351 P46E 308 f1 1.11;1- 11 Order No: 451858 Page: 3 LEGAL DESCRIPTION Real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: Sections 26 and 26A as laid out and delineated upon that certain Map entitled, Map of Las Palmas, Monte Vista, which said Map was filed for record on the 11th day of April, 1971 , in Map Book P at page 17, Santa Clara County Records. EXCEPTING THEREFROM the interest conveyed to the City of Cupertino, Recorded December 5, 1983, Book I122, page 633, Official Records. • A.P. No: 357-04-004 RETURN TO CITY OF CUT-1:1 T n,so • 10300 T^_.l:i:72 AVE. iiII �j • . CU 'ERTiNn, CA 05014 II Oa➢ P 4 ME 579 INCYFEEINAC4-C,-;:DANCr.7 AGREEMENT WITH 60V CODE 6103 This AGREEMENT made and entered into this 9th day of September , 1982 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and SANTA PAULA PLACE, A LIMITED -PARTNERSHIP hereinafter designated as Developer. • WITNESSETH WHEREAS, the Developer has made application to the CITY for a Tentative Map and is securing a building permit from CITY to construct and maintain a a single-family residence hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit deferment of required development improvements in accordance with the provisions of this 21GREE1ENT, and WHEREAS, the Developer hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein, and WHEREAS, the Developer further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared, 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 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby establishes the amounts of Bond, Fees, and Deposit as set forth in the following scheduler -1 + j. ' ;L — SCHEDULE OF BOND, FEES, AND DEPOSITS 1f X34 nGE5$0. PART A. Faithful Performance Bond: $ N/A • PART B. Labor and Material Bond: $ N/A PART C. Checking and Inspection Fee: $ N/A PART D. Indirect City Expenses : $ N/A PART E. Development Maintenance Deposit: $ N/A PART F. Storm Drainage Fee: $ 296.00 PART G. One Year Power Cost: $ N/A 1 PART H. Tree Fees: $ - N/A PART I. Map Checking Fee: $ N/A PART J. Park Fee: $ N/A PART K. Water Main Extension Deposit $ 800.00 . NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO-WIT: 1. DEDICATION • it (a) The Developer offers to dedicate the real property shown on Exhbit "A", which is attached hereto and made a part hereof by reference. Said . 1034 561 dedicated property shall be free and clear of all liens or encumbrances except -_ those which the CITY shall expressly waive in writing. The Developer agrees not . to revoke said offer of dedication, and to keep said offer open until the CITY accepts said offer by resolution. (b) Upon execution of this AGREF_€1T thh Developer agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The Developer shall provide, at the Developer's sole cost and expense, to the CITY: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication; said Preliminary Title . Report shall be furnished N/A (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 AGIEEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: (a) ' The Developer shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the Developer fails or refuses to complete the Bork within the specified period of time, •the CITY, at its sole option, 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. 0 II 634 P'_GE 582r (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 of Cupertino, and in accordance with all plans, specifi- cations, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. (c) It is further agreed that the Work shall be done in accordance with the Standard Specifications of the Department of Public Works, Division of High- ways, State of California, dated January, 1973 and in accordance with the speci- fications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City of Cupertino; also wherever the "Director" or "Director of Public 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 Cupertino Sanitary District shall take prece- dence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the Developer shall comply with Section Three of Ordinance No. 130 of the City of Cupertino by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any 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. t . 4. QUITCLAIMDID 034 f"0E 583 It is further agreed that Developer, when requested by the CITTY, shall ' - quitclaim all his rights and interests in, and shall grant to' CITY authorization to extract water from the underground strata lying beneath said project and Developer agrees to execute a "Quitclaim Deed arid Authorization" in favor of CITY, when presented to him for signature. 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 faithful 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 payment of all labor and materials required to construct said improvements. Th9pount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a' surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the Developer shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedica- tion 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: -5- • H 034?wE 564. (1) Cash; or, (2) A cashier's check, or a certified check, payable to the order • of the CITY; 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 instru- ment of credit shall be as designated by the City Engineer, and shall be the equiv- - alent to that which would have been required had the Developer furnished the CITY - with a surety bond. In the event that the Developer shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements therein required, the CITY may apply the proceeds of said security thereto. (d) No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. (e) No interest shall be paid on any security deposited with the CITY. 6. CHECKING AND INSPECTION FEE It is further agreed that Developer shall pay any and all necessary direct expenses for inspection, checking, etc.', incurred by CITY in connection with said Project, and that Developer shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should con- struction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify Developer of any additional sum due and owing as a result thereof. • 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 rh.4c AaPPF`1F'TT fnr nffi ro rhnrtinn nF finel mon one! f4o1A rhorlrino . - 11O34?!...G 5s of street monuments, in compliance with Section 4:1 of Ordinance No. 47 • (Revised 12/4/61) 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 development 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.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) . 9.13.' 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 Park K, Page 2, shall be the full amount due. 11 034 a'.uE 586 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 and maintain street trees in con- formance with the standards of the City of Cupertino. As payment for said installation and maintenance by the CITY, the Developer shall pay to the CITY, prior to the execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part H) , which amount represents the fees for installation and maintenance of said street trees, having been calculated at the unit price of $15.00 per tree. 12. PARK FEES It is further agreed that ,the Developer shall pay such fees and/ or dedicate such land to. the City, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972 and which. is further stipulated under Part J. , Page 2 herein. 13. 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 satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. ' • a H 034 P.IGE 587 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 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. - 15. GOVERNMENT CODE It is further agreed that Developer shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessr_ents or bonds, have been 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 Protection 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. • HO34ftass8 17, STREET LIGHTING It is further agreed that the Developer shall apply for the installation • - of electric power for street lighting at the earliest date possible. 18. P.G.& E. AND P.T.& 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 underground wiring circuits to all electroliers within said property and any and all fees required for under- - grounding as provided in Ordinance .No. 331 of CITY when Developer is notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific Telephone and Telegraph Company that said fees are due and payable. 19. EASEMENTS 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 s$$ 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, the Developer shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the perfor- - 10 - • H O3@nE 589 ' mance 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 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 insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. (a) ' Each of said policies of insurance shall provide coverage in the following minimum amounts{ for bodily injury, $100,000 each person; $300,000 each occurrence; property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. (b) The Developer shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the Developer such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least 10 days advance notice thereof. (c) In the event that the Project covered herein should be mutually • :. . 110,3d.NGE590 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 sub- • division and the provision set forth herein and above for the protection of the City of Cupertino shall equally apply to municipality and political sub- division. • 22. DEFERMENT It is further agreed that the Developer shall furnish, construct and • install at his own expense, either upon six (6) months notice from the CITY, in which event the Work 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 AGREFi`1E:Tf, the following improvements: . Any and all street work excepting water mains. • Until such notification is made by CITY, or such time has elapsed, Sections numbered 2. through 21, excepting 9. et.al s - are hereby deferred. The Developer further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies t6 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. - 12 - 23. SUCCESSORS - RUN WITH LAND This AGREEKENT 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 California and that the covenants in this AGREEMENT shall run with the land, a description of which is contained in Exhibit 'A ," which is attached hereto and made a part hereof by reference, and are for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its City Engineer and City Manager, 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 CU' a'TINO t By L •�' City Engineer By ` ! Oh - City Manager Approved as to form: DEVELOPER :Simla, ILA ctUagt-',i Ci y`9ttorney By Acknowledgements and Exhibit(s) A attached. STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA )" 44. On thin /�% day o6 :in the ye o On-e Tho d Nine '�ndned• and ,'y be6ohe me ,-,r- - 1G , xwcyy Pab&c .in nd KWt -the. County, o6 Santa Claim • State o6 Ca L6ohnia, xes.iding- .theite-Ln, duly commiA-, . 4-Loned'and swuh -& wc n, peAzonay appeed . ` 7 a i_t��4-- Lui pehsonaZlydtnown .to me onsicoved .to me on the bas.iA A- 06 sat146actoay evidence) (License No. ,..#cg 4f o ) gaGION.9GOVOCADC NOCCO NDGIOCetecCl -to be -the pennon .that executed .thvs .inh.t&ument, on beha26 `1 :,- , OFFICIAL SEAL g • o6 .the pantneuh,ip and acknowledged .to me .that .the '7 antnehshi executed .it. ''') a,<Y�;•. Luciila Campagna-olaise � p p ,- -i7 l f°''^ NOTARY PUBLIC-CALIFORNIA fig - SANTA CLARA COUNTY 11-4?„..., o My Commission Expires Dec.10,1984 Z « � !c-+•- - /�Q�� • - " -*9c�:n w”0, ,,D C 0aLYaLYa0a�: of y Pubic ; S-t e o CaU6okn,La • My commLss.ion exp.ine4 4Iv . ro . /y'e.,z- Section 1190A, Acknowledgement Pantne.k4k-.p, Amended • . H 034 r�G592 • ' STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On , 19 , before me, the undersigned, a Notary Public in and for the said State, personally appeared , known to me to be the of , the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. ' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California 1470681 D`3,}- P3 j 7� 011 E0 FORE, OFA . SEe 9 09 ��, '81 REC. FEE 1 iQt REo�ROSiV ICRO S`FIo ,_F n A M10 1 :E �;y � ;�l.pCto"1aEgOR� LIEN NOT pct iStA e S�t� F Ii • EXHIBIT "A" 80,2 ithCrb LEGAL DESCRIPTION 43 ..) y3 Real property situated in the County of Santa Clara, State of California, described as follows: Section 31, as laid out and delineated upon that certain map entitled "Map of Las Palmas, Monta Vista", which said map was filed for record on the 11th day of April, 1917, in Map Book "P" at page 17, Santa Clara County Records. A.P. No: 357-04-005