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83-039 Somps, Bilbao and Petri, Resolution #6100 • 4-- (IN Cpty of Cupertino 10300 Torre Avenue P.O.Boz 580 Cupertino,California 95014 Cupertino,California 95015 Telephone:(408)252-4505 OFFICE OF THE CITY CLERK August 25, 1984 Mr. George A. Mann Santa Clara County Recorder County Government Center, East Wing 70 West Hedding Street San Jose, California 95110 DOCUMENTS FOR RECORDATION Will you please record the enclosed document: Agreement: Agreement by and between the City of Cupertino and George E. and Gunhilde A. Somps, Frank and Ruby Bilbao Frederich W. and Georgene Petri, along with one (1) certified copy of Resolution No. 6100. Thank you for your cooperation. Sincerely, (42 /. DOROTHY CORNEL'TUS CITY CLERK CITY OF CUPERTINO • DC/so encl. �/y Certificate of Insurance �/� VY V THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. _ + THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER.'THE'..COVERAGE. AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY BOWEN, MASON AND ESPLUND • COMPANIES AFFORDING COVERAGES P. O. Box 1029 COMPANY A Menlo Park, Ca. 94025 LETTER /1 AETNA CASUALTY & SURETY CO. COMPANY B LETTER NAME AND ADDRESS OF INSURED - GEGRGE E. SOMPS (AS PER ATTACHED COMPANY C LETTER v ENDORSEMENT) fy: c/o MacKay and Somps (Attn: Terry Selma)ETTERNY D �t� . t,.,•;. ;, 195 The bt‘ la SanSJose,ACa. 95126 COMPANYEETTk4;nsCiSrSdrf9 G YVal.` •;�x;0 OCaiH`�)x1 , 7 t This is to certify that policies of insurance listed below have been issued to the insured namepLDba `dn�,@(ejlifoxe"pI t�M Gmk'',NQtNlthstanding any requirement,term or condition of any contract or other document with respect to which this certificatec�amay be isiu d�(ll Frit.pg afe;tth�hhceeeO��LIIunsufan%e aN tti}the poficies described herein,is subject to all the COMPANY terms, LETTexclusionsTYPEOFINSURANCEconditions of SDCh policies. POU:_ri'd, �0 c;arW L".SYEXPIRATION DATE ce sL Limits of Liability in Thousands(EACH 00REGATE .:-„.. BTU• .. SO 'Os OCCURRENCE GENERAL LIABILITY - ..;;A.3. Stall.'" cal%I BODILY INJURY s s ❑COMPREHENSIVE FORM A ❑x PREMISES—OPERATIONS PROPERTY DAMAGE $ S ❑EXPLOSION AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD /� ID PRODUCTS/COMPLETED 05 BP 973445 7-.10-83 _ OPERATIONS HAZARD BODILY INJURY AND ®CONTRACTUAL INSURANCE PROPERTY DAMAGE $ 1, 000 51,000 ® BROAD FORM PROPERTY COMBINED DAMAGE ❑INDEPENDENT CONTRACTORS ® PERSONAL INJURY PERSONAL INJURY S AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) S A 0 COMPREHENSIVE FORM - BODILY INJURY s ❑ OWNED (EACH ACCIDENT) r-` PROPERTY DAMAGE $ • 0 HIRED ❑x NON-OWNED 05 BP 973445 7-.10`-83 BODILY INJURY AND sl 000 PROPERTY DAMAGE / COMBINED EXCESS LIABILITY BODILY INJURY AND 0 UMBRELLA FORM PROPERTY DAMAGE E E ❑ OTHER THAN UMBRELLA COMBINED ' - FORM _ WORKERS'COMPENSATION _ .. ' STATUTORY - and EMPLOYERS'LIABILITY s ¢ecH ACCIDENT, OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHCLES PREMISES INSURED: 20065 Stevens Creek Blvd. , Cupertino, Ca. 95014 ADDITIONAL INSURED: CITY OF CUPERTINO AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF CUPERTINO INDIVIDUALLY AND COLLECTIVELY AND THE OFFICERS, AGENTS AND EMPLOYEES OF THE CITY, INDIVIDUA AND COLLECTIVELY . Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: - 5-3-83 • DATE•ISSUED:/�� � City of Cupertino , �ff/.tPW }✓ 10300 Torre Avenue WILLIAM B. MASON Cupertino, Ca. 95014 AUTHORIZED REPRESENTATIVE ACORD 25.(1.79) • • r[.4n JIXICtnn IC u' - ru MLL7., - - I I END'T FORM NO. • NAMED INSURED: GEORGF ,E, SOMPS GUf'HILDE A. SOMPS-, HUSBAND ' . WIFE AS JT. TENANTS, AS TO 50% It;TEREST, FRANK BILBAO 5 RUBY 'ANN BILBAO, HUSBAND E WIFE AS JOINT TENANTS, AS TO 33 I /3lb INTEREST r_ FREDERICK N. PETRIE GEORGENE E. PETRIE, HUSBAND AND WIFE AS TO ; f 2/35% INTEREST C/O GEORGE E . SOMPS, 1965 AMALFI WAY, MOUNTAIN: VIEW, CA. 9f040 SPECIAL NO. I This endorsement.issued by one of the below named companies,forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of police/ Endorsement effective Policy No. Endorsement No. Named Insured Additional Premium 5 Return Premium 5 81 PD In Advance 5 5 1st Anniv.5 b 2nd Anniv. The /Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford, ConnecticutL,,iydslAgw . Countersinned by (Authorized Representative( JAi ry N 851 GE SO4. ry RETURN TO: CITY OF CUPERTINO 99092 - .I 1 �CU&ERTINO,—CA-95014— --- fILED,FOR RECORD • AT REQUEST CF - AUG 30 9 35 MH '83 RESOLUTION NO. 6100 r, OFFICIAL RECORDS SANTACLAV COUNT? ANN A RESOLUTION OF THE CITY COUNCIL OF THE G€fA.WOO RET,T£TB R IOS�IEOR4�A 0 R R APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY ALONG STEVENS CREEK BOULEVARD WEST OF BLANEY AVENUE 4 DEVELOPER, GEORGE E. AND GUNHILDE A. SOMPS, FRANK AND RUBY BILBAO, FREDERICH W. AND GEORGENE E. PETRI, AUTHORIZ- ING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGN- 0 ING OF PARCEL MAP AND IMPROVEMENT PLANS N WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located along Stevens Creek Boulevard west of Blaney Avenue by George E. and Gunhilde A. Somps, Frank and Ruby Bilbao, Frederich W. and Georgene E. Petri; 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 (letter of credit) , 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 parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all easements is herey accepted. c. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. ,. rSr PASSED AND ADOPTED at a regular meeting of the City Council of4,the"'City of Cupertino this 6th day of June , 1983, by the following gQte:m. Vote Members of the City Council WDF THAT HE WITHIN PTH1S IS TC- ECORECT,CC AYES: Johnson, Plungy, Rogers, Spark$NatiliteNit Y F(LE.011-T1-IIS OFFICE. ❑F THE„ORIGINA NOES: None *;: ABSENT: None �AI 19 ATTEST ABSTAIN: • None CITY CLER�',0�`I' E CITY OF IcR N❑ / ATTEST: APPROVESD: / ' cl ad' rt /s/ Dorothy Cornelius /s/ John M. Gatto / Cilv Clerk Mayor, City of Cupertino • , Resolution No. 6100 H851r?.GE505 EXHIBIT "A" SCHEDULE OF 'BOND, FEES, AND DEPOSITS DEVELOPMENT: Commercial DEVELOPER: George E. and Gunhilde A. Somps, et al. LOCATION: Stevens Creek Boulevard west of Blaney Avenue A. FAITHFUL PERFORMANCE BOND: $10,990.00 Ten Thousand Nine Hundred Ninety and no/100 Dollars B. LABOR AND MATERIAL BOND: $10,990.00 Ten Thousand Nine Hundred Ninety and no/100 Dollars C. CHECKING AND INSPECTION FEE: $ 659.00 Six Hundred Fifty-Nine and no/100 Dollars D. INDIRECT CITY EXPENSES: $ 99.00 Ninety-Nine and no/100 Dollars E. DEVELOPMENT MAINTENANCE DEPOSIT: N/A F. 'STORM DRAINAGE FEE: o. $ 4,259.00 Four Thousand Two Hundred Fifty-Nine and no/100 Dollars G. ONE YEAR POWER COST: N/A H. STREET TREES: By Developer I. MAP CHECKING FEE: $ 50.00' Fifty and no/100 Dollars J. PARK FEE • N/A K. WATER MAIN EXTENSTION DEPOSIT N/A • Return to: City of Cupertino No Fee in Accordance With Government • • P. 0. Box 580 1 Code 6103 Cupertino, Ca. 95014 AGREEMENT 11851"GE 506 This AGREEMENT made and entered into this 6th day of June , 19 83, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and GEORGE E. AND GUNHILDE A. SOMPS, FRANK AND RUBY BILBAO, FREDERICH W. AND GEORGENE E. PETRI, 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 commercial development , 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 l leieby 'established the amounts of Bonds, Fees, and Deposits as set 'forth in the following schedule: 11851)!a507 Street Improvement Requirements - N/A PART A. Faithful Performance Bond: Ten Thousand Nine Hundred Ninety and no/100 Dollars $10,990.00 PART B. Labor and Material Bond : Ten Thousand Nine Hundred Ninety and no/100 Dollars $10,990.00 PART C. Checking and Inspection Fee: $ 659.00 Six Hundred Fifty-Nine and no/100 Dollars PART D. Indirect City Expenses : $ 99.00 Ninety-Nine and no/100 Dollars PART E. Development Maintenance Deposit: N/A. PART F. Storm Drainage Fee: $ 4,259.00 Four Thousand Two Hundred Fifty-Nine and no/100 Dollars PART G. One Year Power Cost: N/A PART H. Street Trees : By Developer PART I . Map Checking Fee: $ 50.uu Fifty and no/100 Dollars PART J. Park Fee: 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. 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 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 Page 2 . furnished : by DEVELOPER. 11851?"G=508 • ( 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 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 goo$ 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 11 851 r,.GE 509 • 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 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 Page 4 • • 11851 i,!GE 510 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 and con- ' ditioris 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 • . City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. II851P!GE511 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 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 • • . un.til said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. H851r a=512 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. 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 • • •• • 11851 PAGE 513 • 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. • r Page 8 H851NGE514 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 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 Ic 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. 18A. UNDERGROUNDING OF OVERHEAD UTILITY LINES, The DEVELOPER is required to fund the undergrounding of all overhead utility lines when requested by the CITY. Page 9 • 19. ' EASEMENTS AND RIGHT-OF-WAY H 851"c:515 ' 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 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 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. Page 10 • • • • H 851 +c:516 (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. (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 . 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 (l) 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 : Undergrounding of Overhead Utility Lines 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 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 are for the benefit of the other lands in the CITY of Cupertino Page 11 • • H851°,GE517 • 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 Appro , -d . s . 2 fo m: For Mayor: SOL /7-1 /VW./16/ / J C SOL City Attor/ey City Clerk: DEVELOPER: / • BY: re�� � �� Acknowledgements and Exhibit "A" attached. / `ur1 •• • • /01-a • • STATE OF CALIFORNIA ) ss COUNTY OF S) H 851 PAGE 51s On this day of 9th day of May in the year of 1983 , before me Deborah M. Tanous personally appeared F.W. Petri and Georgene E. Petri personally known to me (or p,riav, ed to me on the basis of satisfactory evidence) to be the personswhose names` subscribed to this instrument, and acknowledged that hecx a be0DmC they) executed it. WITNESS my hand and official seal. OFFICIAL SEAL , • DEBORAH M TANOUS 0/1/Q,f) M . (/-7400 "���^ NOTARY PUBLIC - CALIFORNIA Notary Public in an for the County NipirLOSANGELESCOUNTY of `4007•44&! State of California My comm. expires AUG 3, 1984 1 t• ' •- 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 • • • . STATE OF CALIFORNIA ) • ss. COUNTY OF SANTA' CLARA) • H 851 le••Gt 519 On this day of 22nd day of April in the year of .1983 ' , before me Sue Chambers personally appeared George E. Somps, Gunhilde A. Somps, Frank Bilbao & Ruby Bilbao• • personally known to me (or proved to me on the basis of satisfactory evidence) to be the personswhose uamesilrgubscribed to this instrument, and acknowledged • that hexiahq.xax they) executed it. • • WITNESS my hand and official seal. plu nnnnnnnnun ieminunoio.ennnu nnnn67 • A OFFICIAL SEAL a "'" SUE CHAMBERS 2 .L(17_ e!"'�� /�QtiaJ a 1 wmam( p,.L o ___ 'L IA Notar-—PuhLic in and for the County -T�P.1�P�1 FrfCE IN Tic ro' COUNTY OF SANTA CLARA a of Santa Clara, State of California • Comm. Exp.Aug. 72, 7983 a nnunnnninuununinnuininiunnnununnninnnnnnQnBnnnunnneCl.nj • ' 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 • H851r)!GE520 • EXHIBIT "A" Being Lots 13 and 14 as shown on the map of Monte Vista (Book "L" of Maps, page 43) and lying within the City of Cupertino, State of California. •