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83-027 John and Diane Doonan, Improvement Agreement, Resolution No. 6212 and 6139 ry 1144 NGE 121 NO FEE IN ACCORDANCE I�91 4;084 RETURN TO CITY WITH G0V CODE 0103 City of Cupertino OF CUPERTINO 10300 TORRE AVE. CUPERTINO, CA 95014 CERTIFICATE OF COMPLETION and NOTICE OF ACCEPTANCE OF COMPLETION DEC 19 83 RECONSTRUCTION OF CURBS, GUTTERS, SIDEWALK DW o m %I PROJECT 83-14 tarn -c1Q oz-n -1m nF-v-a mma— m-n nr C. s o pii>o• m om Z cn J m ;.. —10 NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, O o o aa ‘7171 • _o w O Public Works and City Engineer of the City of Cupertino, CalMfernia5.,do hereby certify that the work and improvements hereinafter described, the contract for doing which was awarded on March 15, 1983 and entered into by and between the CITY OF CUPERTINO and ANDERO CONSTRUCTION, INC. on March 15, 1983 in accordance with the plans and specifications for said work were completed to my satisfaction on December 5, 1983 . and acceptance of completion was ordered by the City Council of said City. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. /i' (�I•��I D'rector o 'ublic Works and City Engin-er, City of Cupertino Date: December 6, 1983 THIS IS TO CERTIFY THAT ".T'"N INSTRUMENT ISATRUE AND CORRECT CO/ OF ATTEST RI�// /N FILE IN THIS 1OSFFE 7 CITY RIF THE CITY fIFF . 1/,U�ERTINO C IITTYf; CLERK RETURN TO CITY 1,-,91:708° NO P'C; IN :C,;+;;^i ^, t?Ah,C'.# • , . OF CUPERTINO %®.7�r'e'fl c WITH COV CODE 51O3 10300 TOERE AVE. CUPERTINO, CA 95014 FILED :F 'DORDI` AT I1441'AGE 98 "�" �a�, DEC 13 9 55 :OM 119Bi RESOLUTION NO. 6212 OFFICIAL RE00fitit?S SA;t;IT4 CCLARA. C OI! NIY GEORGE_ A MANN REGISTRAR EfoO'DE+' A RESOLUTION OF TriE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF DEFERRED AGREEMENT WITH JOHN AND DIANE DOONAN FOR THE IMPROVEMENT OF FRONTAGE ON PALM AVENUE WESTERLY OF MIRA VISTA AVENUE 791.70L WHEREAS, there has been presented to the City Council an agreement for the improvement of the street frontage on Palm Avenue Westerly of Mira Vista Avenue by John and Diane Doonan; and WHEREAS, said proposed agreement contains provisions for the construc- • tion of streets, curbs, gutters, sidewalks, and for other improvements within a period of five (5) years and six (6) months from the date of ex- ecution of said agreement, and said agreement having been approved by the City Attorney. . NOW, THEREFORE, BE IT RESOLVED that said agreement for the improvement of street frontage on Palm Avenue westerly of Mira Vista Avenue is hereby approved; and the City Engineer is hereby authorized to sign the final plans when presented by the developer; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. • BE IT FURTHER RESOLVED that the City Clerk is authorized to file this agreement with the Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of November , 1983, by, the following vote: 1 Vote Members of the City Council ITSTn, q " n :, + !TI C P YAYES: 0�lTHE pPN,k, • Gatto, Johnson, Ro ers, S arks, Pun Y ri ICE. NOES: None , ABSENT: None ATTEST (PP 7 rn l ABSTAIN: None / ' IN r: ATTEST: APPROVED I, `} /s/ Dorothy Cornelius :/ do ' J P'1ungyte City Clerk • 'ayor, City o'f Cupert no • RETURN TO CITY OF CUPERTINO NO FEE IN ACCoIWANCE • 10300 TORRE AVE. WITH 60V CODE 6103 CUPERTINO.O. AGREEMENTA 4 511144 GE 99 This AGREEMENT made and entered into this 21st day of November , 19 83 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and JOHN AND DIANE DOONAN, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY and is securing a building permit from CITY to construct and maintain a single family residence, 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 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 paymenEps,;,49 r ,' . v. Page 1 '• Other guarantees as outlined herein to assure compliance with con- ditions of development approval; and I144P'GE100 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 - Category 2 ( 980-206. 43 ) 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: $380 . 00 Three Hundred Eighty 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 $655. 00 ., Six Hundred Fifty-Five and no/100 Dollars ` a ,u PART L. Maps and/or Improvement Plans: BY DEVELOPER. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between . .the'-:`;' 011 parties hereto as follows, TO-WIT: 4d;"fit'• ' 1. DEDICATION ` : (a) The DEVELOPER offers to dedicate the real proper*I.7sho9r •<• on Exhibit "A", which is attached hereto and made a part thereof ..• b.y reference. Said dedicated property shall be free and clear Of , all- Page 2 1144PAGE 101 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 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 covenantand 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 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 mannerthe . CITY shall decide. In the event the CITY competes the Work,''th,e._CITY2, : may recover any and all costs incurred thereby from the DEVETORER'• br, : s" the DEVELOPER ' s surety or both. t •'` (b) The DEVELOPER shall install and complete the Work, rih) a good, and workmanlike manner in accordance with the plans as approved by7 t 'he •••.' , City Engineer of Cupertino. The Work shall be done in accordance ;with existing ordinances and resolutions of the CITY and in accordance with Page 3 11447-102 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. 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 t.='dae and time when the proposed excavation is to commence. epi'. ` 4. QUITCLAIM DEED y / It is further agreed that DEVELOPER, when requested byt'he CI-T ,,, shall quitclaim all his rights and interests in, and shall.' g ehttto•? 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. Page 4 1144rteE103 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 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: ( 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: an,d• • ?Coq- ditions of this AGREEMENT, or to make any payment, or any dedi �dation ; :.+•', y of land, or any improvements herein required, the CITY may aagly 'bhe:' proceeds of said security thereto. :: -r '.'. y p (d) No release of surety bond, cash deposit, check'; ,6r . cc l:t4 `,•` ,• ficate of deposit, shall be made except upon approval •';tiof 'th eg t4ty ' Council. Page 5 • 1144,,,GE 1O4 (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 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 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 deve'l-- opment maintenance deposit may be utilized for repairs of defectscand.':.'ii`' . { imperfections arising out of or due to faulty workmanship and/,or,;ma=•`., + ". ''' terials appearing in said work during the period until release of.'-r `the improvement bonds by the CITY. Should the DEVELOPER complete.�the� � :': required repairs to the entire satisfaction of the CITY, the `unusefd' . ' . balance will be returned after the release of the improvement bond'stV'• . :`fi • r ; Page 6 • 1144!AGE 105 • 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 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. • 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. •c.CRi r 12 . PARK FEES 'c •• , •�� :i:r••1 ‘ • . O U i) It is further agreed that the DEVELOPER shall pay/{ 'such f#ee's , and/or dedicate such land to the CITY, prior to execution, as ° 4 ra quired within "Park Dedication Ordinance" Number 602, 1972 andk.,wh ch'" is further stipulated under Part J. , Page 2 herein. Page 7 • 1144 :GE106 , 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 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. • yi I( a1 i„ Page 8 • • I144?P•GE107 '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. 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 toserve 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,aid`rr, Telegraph Company that said fees are due and payable: n{. ' • • 19 . EASEMENTS AND RIGHT-OF-WAY C . It is further agreed that any easement and right-of-way n'ecessary ,t 'jc,' for completion of the Project shall be acquired by the DEVELOPER,,,;'at his own cost and expense. It is provided, however, that in theevent 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 Page 9 1144 'enE 108 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 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 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 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,tim " the following minimum amounts: For bodily injury, $100,000 each- "ier-;`=\ r.itC- son; $300, 000 each occurrence; property damage, $50 ,000 on account-lof'_ • ' any one occurrence with an aggregate limit of not less that $200,C0�JJ 0•. `'_ � • 1A11 ‘ 1%‘:. (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 coverage without giving the City Engineer at least 10 days advance notice thereof. Page 10 • • 1144 PAGE 109 (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 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 parcel maps. (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, cozcstAuct,' , and install at his own expense, either upon six ( 6) months noticrom: .,,. the CITY, in which event the Work must be completed within one',. Iirs* year thereafter, or in the absence of such notification, no late'r'- thaI ;,\CS .; five (5) years and six ( 6) months from date of this AGREEMENThe, „ following improvements : • Sections 2 through 21, except 9, et al. 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 Pana 11 I144?kG 110 • improvements. 24. 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 shall run with the land, a description of which is contained in Exhibits "A, Al, B and C", 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 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 written. CITY OF CUPERTINO Approved s 74" Mayor: ?cc' �' nnr,r,, City Attorne City C � . � 40, t. l .r rat DEVELO<PE • By: •• S. ; Acknowledgements and Exhibits A, Al, B and C attached. ;. ur v ch `P y ' -@ • STATE OF CALIFORNIA ) ss. 1144°Ae 111 COUNTY OF SANTA CLARA) On this day of Rj / day of *- o to-e, N(;) in the year of /?e 3 , before me �n ye � `• i' ( k11 P j, o // oc,'• f3i)4-` ( / / d SAyI personally appeared --1-) 7 p /Jn n n c� rt Y— ( Y D A c, be, o 4} , t' 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. 8 " OFFICIAL SEAL C / :ia DOROTHY MARIE CORNELIUS NOTARY PUBIC CAdruRNIA e `otary Pub Vc in and for the County SANIA LLARA COUNTY E of Santa Clara, State of California * Commission Expires Feb. 17, 1984 C C.R&SCADVDGtJcd9cC7Gen\9G iccicucvcw6%V 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 . 1144 PAGE 112 EXHIBIT A A strip of land over a portion of those certain Lots l0A and 7 as said lots are shown on that certain "Map of Las Palmas" filed for record in Book "P" of Maps, Page 17 Records at Santa Clara County. Said strip being more particularly described in the following: Said strip being the most northerly 10 feet, measured at right angles, of Lot l0A and also being a strip 10 feet wide extending from the easterly common corner of Lot 7 and Palm Avenue westerly along Palm Avenue six feet. • • L."! . 1144?AGE113 EXHIBIT Al /V ,� i� / / • CS ••::i,,ti, s // •zA.: Q , 7�japsao/ o%..a.; %'oT to rad, 7::;) //77 r ;1 • Acy �L- P ,Boor P 0/ 4os ,c /7 • 1144L c:114 EXHIBIT B The easterly 6 feet front and rear measurements of Lot 7, and all of Lots 10 and 10A, "Map of Las Palmas, Monta Vista", as shown on a Map recorded in Book "P" of Maps, page 17, Records of Santa Clara County. EXCEPTING THEREFROM the interest conveyed to the County of Santa Clara to that portion of the above described land within Palm Avenue (formerly Avenue of Palms) , as said Avenue is shown on the above mentioned Map by instrument recorded August 3, 1962 in Book 5671 of Official Records, page 197. 357-04-022 kit; r;.'- �oQa r: .rN 11,2 • - $ gel co • J N �1 })1 �1.i3.46W1 q;•lk.f l • O//IU Of COUNTY Rf![f IOR- aVtr► CLLR; COUNTI C•LI ORaIU� { - .• R. r14 Yt.Ovt ...N•.00N S 'JR ,,f,. gypF° :: t.f • ..,..1 ^7 •3, 0 35T I one 4 t. CC �e4. •o a Yea'• I - • -• _ - i,r,a�t,•# = t—PALM - - _ _ J ircla:;• O. et r" •un ps• .an a AVENUE .• q�.—_ ,`�l a 3 r , I ..I 101 10015 tflb; mew as ,Ypt .11.15 61 5.0 • �' '.4•.) .. 1 : : 1 • 11.10 fLm �q)� Ite w ,/ It ?ff 42 i I L I ,, .. I 1 �, • 4' r Qr 1 SS . I • . �j p - I I � S • a •fi, Y • 1 I WA 2 444 a 11141 4 14'A OA: ! 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I • 22 W • ..c I m 1- c • Y j s0 a n O_' t I • • I- • r • • 0 -: t s M IF 4 I • - 4 I I 1_MI� • - • Y f ► 1 40 m 10300 Torre Avenue P.O.Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephone:(408)252-4505 OFFICE OF THE CITY CLERK July 20, 1983 Mr. & Mrs. John Doonan 22324 Palm Avenue Cupertino, CA 95014 AGREEMENT Dear Mr. and Mrs. Doonan: We are enclosing to you for your information a copy of the Agreement by and between the City of Cupertino and John and Diane Doonan which has been fully executed by City Officials, along with a certified copy of Resolution No. 6139, this Resolution was enacted by the City Council of the City of Cupertino at their regular meeting of July 18, 1983. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Planning Department V RESOLUTION NO. 6139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREE- MENT BETWEEN THE CITY OF CUPERTINO AND JOHN AND DIANE DOONAN TO ALLOW THEIR RESIDING IN THEIR PRESENT RESIDENCE DURING CONSTRUCTION OF A NEW RESIDENCE AT THE SAME ADDRESS WHEREAS, there has been presented to the City Council an agreement between John and Diane Doonan and the City of Cupertino relating to inhabiting an existing residence during the construction of a new residence at the same address; and WHEREAS, the provisions of said agreement have been approved by the Director of Planning and Development and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of July , 1983, by the following vote: Vote Members of the City Council • AYES: Johnson, Plungy, Rogers, Sparks, Gatto NOES: None • ABSENT: None ABSTAIN: None APPROVED: ATTEST: /s./ John M. Gatto Mayor, City of Cupertino /s/ Dorothy Cornelius City Clerk City Clerk's File Copy .y AGREEMENT +J Agreement entered into between John and Diane Doonan and the city of Cupertino, as follows: RECITALS: 1 . John and Diane Doonan, (hereinafter "Doonans") husband and wife, are the owners of the real property located at 22324 Palm Avenue, Cupertino, California; 2. Whereas Doonans have resided and are presently re- siding in a single family residence on said property; 3. Doonans have resided in said single family residence for approximately eight years; 4. The lot upon which the existing structure is situated is an oversize lot; 5. Doonans desire to upgrade the real property by con- structing a new single family residence at the rear of the lot, away from the existing structure, and make such residence their permanent residence; 6. Doonans desire to continue residing in the existing residence until completion of the new structure; 7. Construction of the new residence is estimated to take approximately six months; 8 . Upon completion of the residence, the existing struc- ture will be demolished; 9. Doonans desire to obtain necessary permits and this agreement is required to obtain such permits; IT IS AGREED between Doonans and the City of Cupertino: a. The City of Cupertino shall allow Doonans to reside in their present residence at 22324 Palm Avenue, Cupertino, California during construction of the new residence at the same location. b. The utilities at the new residence shall not be placed in operating condition until fourteen days prior to the actual demolition of the existing structure. The fourteen day . 4? period is to allow Doonans time to move all their personal property into the new structure and establish residency prior to the actual demolition of the existing structure. c. Doonans will obtain all necessary permits and will cooperate with the City of Cupertino as is reasonably necessary to carry out this agreement. d. If the existing structure. is not demolished by Doonans as promised after the utilities on the new residence are connected and in use, . the City of Cupertino may commence the demolition process upon forty-eight hours ' notice to Doonans. Doonans shall be responsible for all costs incurred by the City of Cupertino for such demolition, in addition to any attorney' s- fees incurred in enforcing .this agreement. e. The effective date of this agreement shall be the date of its execution by the City of Cupertino. Dated: 77--(4/4-5 C"""L h �� _ DIANE DOONAN Dated: JOHN DOONAN Dated: 7-27-f-3 // L//� Y OF CUPER/PINO - MAYOR C • TY ATTORNEY: APP'OVED AS TO FORM ATTEST: / City Clerk (/