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84-051 Cupertino Town Center Property- Mayco, Inc. RESOLUTION NO. 6585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7662 LOCATED AT RODRIGUES AVENUE DEVELOPER, CUPERTINO TOWN CENTER PROPERTY, ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 7662 located along Rodrigues Avenue showing certain avenues, drives, places, and roads by Cupertino Town Center Property; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, adn for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THERFORE, BE IT RESOLVED THAT a. Said final map and improvement plans of Tract No. 7662, be and the same are hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. c. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to sign the improvement plans. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 3rd day of June , 1985, by the following vote: VOTE MEMBERS OF THE CITY COUNCIL ,AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Phil N. Johnson City Clerk Mayor Resolution 6585 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: TRACT NO. 7662 CUPERTINO TOWN CENTER LOCATION: RODRIGUES AVENUE A. Faithful Performance Bond: On Site-Lands $ 17,000.00 Seventeen Thousand and no/100 Dollars On Site-Improv. $ 68,000.00 Sixty-Eight Thousand and no/100 Dollars B. Labor and Material Bond: On Site Lands $ 17,000.00 Seventeen Thousand and no/100 Dollars On Site-Improv. $ 68,000.00 Sixty-Eight Thousand and no/100 Dollars C. Checking and Inspection Fee: On Site-Lands $ 680.00 Six Hundred Eighty and no/100 Dollars On Site Improv. $ 2,720.00 Two Thousand Seven Hundred Twenty and no/100 Dollars D. Indirect City Expenses: On Site Lands $ 102.00 One Hundred Two and no/100 Dollars On Site-Improve. $ 408.00 Four Hundred Eight and no/100 Dollars E. Map Filing Fee: $ 114.00 One Hundred Fourteen and no/100 Dollars F. Development Maintenance Deposit: $ 355.00 Three Hundred Fifty-five and no/100 Dollars G. Storm Drainage Fee: $ 5,388.00 Five thousand Three Hundred Eighty-Eight and no/100 Dollars H. One Year Power Cost: N/A I. Street Trees: By Developer J. Park Fees: Transfer from Tract 7661 $ 78,300.00 Seventy-Eight Thousand and no/100 Dollars Letter of Credit-Tract 7662 $ 37,700.00 Thirty-Eight Thousand and no/100 Dollars K. Water Main Extension Deposit: N/A i • • • • TRACT AGREEMENT • • . • • • • • this AGREEMENT, made and entered into this 3rd day of June , 1985 , by and between the CTIY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY and CUPERTINO TOWN CENTER PROPERTY hereinafter designated • as bEVELOPER. • ' • WITNESSETH • WHEREAS, said bEVELOPER desires to subdivide certain land within the City of • • Cupertiho in accordance with the map heretofore filed with the City Council of the • City of Cupertino] marked and designated Tract 7662 Cupertino, California, hereihafter desidhated as the "Tract;" and •� WHEREAS, said map shows certain courts , drives and roads which are offered - for. deditation fol' bublic Use; and . WHEfkEAS, CITY hereby approves the improvement plans. and specifications prepared : - • for. the tract by KIRKEf3Y & ASSOCIATES , a true copy of Which Improvement plans and specifications are on file in the-Office of the City. • Ehg1heel• of Cupertino; and ' • WHEREAS, the tame are incorporated herein by reference, the same as though set • • out Ili' ull ; • WOW, tHEREEORE, said improvement plans and specifications shall be hereinafter d •the .hPlansi!' and the work to be done under the Plans shall be called the • • Page 1 • a 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 chedule: • SCHEDULE OF BONDS, FEES AND DEPOSITS PART A. Faithful Performance Bond: On Site-Lands $ 17,000.00 Seventeen Thousand dnd no/100 Dollars On Site-Improv. $ 68,000.00 Sixty-Eight Thousand and no/100 Dollars PART B. Labor and Material Bond: On Site-Lands $ 17,000.00 Seventeen Thousand and no/100 Dollars On Site-Improv. $ 68,000.00 Sixty-Eight Thousand and no/100 Dollars PART C. Checking and Inspection Fee: On Site-Lands $ 680.00 Six Hundred Eighty and no/100 Dollars On Site-Improv. $ 2,720.00 Two Thousand Seven Hundred Twenty and no/100 Dollars PART D. Indirect City Expenses : On Site-Lands $ 102.00 One Hundred Two and no/100 Dollars On Site-Improv. $ 408.00 Four Hundred Eight and no/100 Dollars PART E. Map Filing Fee: $ 114.00 • One Hundred Fourteen and no/100 Dollars PART F. Development Maintenance Deposit: $ 355.00 Three Hundred Fifty-Five and no/100 Dollars PART G. Storm Drainage Fee: $ 5,388.00 ' Five Thousand Three Hundred Eighty-Eight and no/100 Dollars PART H. One Year Power Cost: N/A PART I . Street Trees: By Developer PART J. Park Fees: Transfer from Tract 7661 $78,300.00 Seventy-Eight Thousand and no/100 Dollars Letter of Credit - Tract 7662 $37,700.00 Thirty-Eight Thousand and no/100 Dollars PART K. Water Main Extension Deposit: N/A 1 1 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as 'follows, TO WIT: 1. 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 performed under the inspection and with the approval of the City Engineer. The work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, 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. 2. 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. Page 3 r • 3. 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. 4. 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. 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. Page 4 • . 5. 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. 6. 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) . 7. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4: 1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part 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. 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) . 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 H) , which amount represents the power cost for street lights for one year. Page 5 • 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 beelected from the City approved list. _ 12. PARR 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 Atipulated under Part J, Page 3 herein. . 12.B. PARK FEE: The Developer agrees to convert to cash the "Irrevocable Letter of Credit" provided for park fees (Part J. Page 2. herein) within thirty (30) days from written notice from the City, 13. MAINTENANCE OF WORK • It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies' in the Work are corrected to conform to the Plans and the CITY ,standards and specifications for the Work, whichever is the later to occur. 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. BUSINESS AND PROFESSIONS CODE • It is further agreed that DEVELOPER shall file with CITY, upon ' • execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business • and Professions 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. Page 6 • . 4 17. STREET LIGHTING - P. G. and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the . installation of electric .power for street lighting at the earliest date possible. 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 Telephone and Telegraph Company that said . fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It• is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition. thereto, such sums as may be required for 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 as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or 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 Page 7 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 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 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. 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 September 9, 1977. 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 3, shall be the full amount due. 23. 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. • Page 8 State of California ) ` County of Santa Clara ) ss . On this seventeenth day of May , 1985 , before me , Thomas R . Bonauro, the undersigned Notary Public, personally appeared Jason Chartier and Stanley L. Howard, personally known to me to be the persons who executed the within instrument as President and Secretary, respectively, on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. LU11911Ii11QO'L111IIIIlllll HIMMAMILIMIIMIT ▪ _ OFFICIAL .SEAL 7. ‹i'dfri F THOMAS R. BONAURO e ea/ • 'M'N110TARY PUBLIC - CALIFORFMw PRi1CIPAL OFICE IV THE• Notary' s Sige I COUNTY OF SANTA cV,RA Zt C My Commission Expires July 1%1988 5OIIII,RIIl1I111IRuKIO ElIfP.IE1lIL1➢tiI111marl `1 • •.P . . -C. A Eyler. sepia and eleven :(ii) prints .0f -fully :executed : ..-.--_f-:'Improvement plans. : , .Y,•�w D. A direct4upticating ' 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. 24. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions • for the said Tract shall bind the .heirs, successors, administrators or assigns of the . DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. IN WITNESS WHEREOF, 'CITY has caused its name to behereunto • affixed by its Mayor and City Clerk, • thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUP TINO Approved as to form: � / ' Ved.efagi_):-T y /..1� Cier � „-Cupertino Town Center Property • DEVPER: a California Corporatio • Jason Charti r, President Notary Acknowledgment Required. Cgt, llBy: . How , Secretary . • • • Page 9 • A RESOLUTION NO. 6352 A RESOLUTION OF THE CITY COUNCIL OF- THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7575 LOCATED AT RODRIGUES AND TORRE AVENUE-, DEVELOPED BY MAYCO, INC. AND ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City of Council for approval and for authorization to record final map of Tract No. 7575 located at Rodrigues and Torre Avenue showing certain avenues, drives, places, and • roads by Kirkeby and Associates; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map and improvement plans of Tract 7575, be and the same are hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. C. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer and the City Clerk are hereby authorized to sign said final map. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the .- City of Cupertino on the 18th day of June , 1984, by the following vote: Vote Members of the City Council • AYES: Gatto, Johnson, Rogers, Plungy NOES: None ABSENT: Sparks ABSTAIN: None ATTEST: APPROVED: • /s/ Dorothy Cornelius /s/ John J Plungy Tr City Clerk Mayor, City of Cupertino Resolution No. 6352 EXHIBIT "A" • SCHEDULE OF BOND, FEES, AND DEPOSITS . DEVELOPMENT Cupertino Waterfall, Tract 7575 LOCATION Rodrigues and Torre . A. Faithful Performance Bond On-Site $ 101,000.00 Off-Site $ 10,000.00 Recreational $ 18,000.00 B. Labor and Materials Bond On-Site • $ 101,000.00 Off-Site $ 10,000.00 Recreational $ 18,000.00 . C. Checking and Inspection Fee On-Site $ 4,040.00 Off-Site $ 400.00 D. Indirect City Expenses On-Site $ 162.00 Off-Site $. 60.00 E. Development Maintenance Deposit $ 370.00 • F. Storm Drainage Fee $ 6)179.00 C. One Year Power Cost $ 92.00 H. Map Checking Fee $ 116.00 • J. Park Fee: Zone I-1 Base Fee $ 100,000.00 Deposit $ 50,000.00 K. Water Main Extension Deposit $ N/A TRACT AGREEMENT This AGREEMENT, made and entered into this 18th day of June , 19 84 . by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter - designated as CITY, and CUPERTINO TOWN CENTER PROPERTY, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked as designated Tract 7575, Cupertino California, hereinafter designated as the "Tract; " and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Tract by Kirkeby and Associates, a true copy of said improvement plans and specifications are on file in the Office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full ; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans, " and the work to be done under the Plans shall be called the "Work. " -- --- - ------ ------ ----- -- — — Page 1 — WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS PART A. Faithful Performance Bond: On-Site - One Hundred One Thousand Dollars $101,000 .00 Off-Site - Ten Thousand Dollars $ 10, 000.00 Recreational - Eighteen Thousand Dollars $ 18, 000. 00 PART B. Labor and Material Bond: On-Site - One Hundred One Thousand Dollars $101,000.00 Off-Site - Ten Thousand Dollars $ 10,000.00 Recreational - Eighteen Thousand Dollars $ 18, 000. 00 PART C. Checking and Inspection Fee: On-Site - Four Thousand Forty Dollars $ 4,040 .00 Off-Site - Four Hundred Dollars $ 400 .00 PART D. Indirect City Expenses: On-Site - One Hundred Sixty-Two Dollars $ 162.00 Off-Site - Sixty and no/100 Dollars $ 60 .00 PART E. Development Maintenance Deposit: $ 370. 00 Three Hundred Seventy and no/100 Dollars PART F. Storm Drainage Fee: $ 6, 179.00 Six Thousand One Hundred Seventy-Nine and no/100 Dollars PART G. One Year Power Cost: $ 92.00 Ninety-Two and no/100 Dollars PART H. Street Trees : By DEVELOPER PART I. Map Checking Fee: $ 116.00 One Hundred Sixteen and no/100 Dollars PART J. Park Fee: Zone I-1 Base Fee - One Hundred Thousand Dollars $100,000. 00 Deposit - Fifty Thousand Dollars $ 50 , 000. 00 PART K. Water Main Extension Deposit: N/A PART M. Maps and/or Improvement Plans: By DEVELOPER • Page 2 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows,. TO WIT: • 1. 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 performed under the inspection and with the approval of the City Engineer. The work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, 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. 2. 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 andtime when the proposed excavation is to commence. Page 3 3. 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. 4. 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. 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. Page 4 5. 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. 6. 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) . 7. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4: 1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part 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. 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) . 10 . ONE YEAR POWER COST Itis 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 H) , which amount represents the power cost for street lights for one year. Page 5 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. 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 3 herein. Due to the time involved in obtaining the fair market value of the property subject to these fees, the DEVELOPER agrees to deposit with the City an amount to cover the possible increase in the "Park Fee" . This "Deposit-Park Fee" shall not limit or constrain the maximum amount the Park Fee can be, but it shall be considered a deposit to be used by the City to insure payment of the total Park Fee. The DEVELOPER shall provide the City with an appraisal report within sixty ( 60 ) days of approval of the tract map. Failure to do so shall be consent by the DEVELOPER for the City to set the Park Fee for this phase of the development at a minimum of $150 ,000.00 . The appraisor shall be mutually agreed upon by and between the CITY and the DEVELOPER. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. 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 • ofthe said sanitary sewers and to insure maintenance of said • sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. Page 6 15. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions 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 - P. G. and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. 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 Telephone and Telegraph Company that said fees are due and payable. 19 . EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be • included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for 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. Page 7 20 . HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or 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 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 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 separate municipality or political subdivision of the State of Page 8 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. 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 September 9, 1977. 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 3, shall be the full amount due. 23. 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. 24. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. Page 9 CORPORATE ACKNOWLEDGMENT NO.202 1./ /! , Jilin!!!ccor_!.//!!Jt-�!!JIrrcc I!..ccc !rrIIIlorcc orozIIJ./.lIJ1c ooc.occ cc.c zcr State of California On this the 15th day of June 19 ,before me, ti •1 1 SS. L County of Santa Clara Thomas R. Bonauro1/41 Athe undersigned Notary Public,personally appeared 1 Richard A. Kolker and Stanley L. Howard ti A gmmammlaumetoaamennnmanmtaamaeumaa trt personally known to me - OFFICIAL SEAL e C proved to me on the basis of satisfactory evidence ti TRONAS R. AONAUAO `R' I,S NOTARY PUBLIC CALIFOaNIA 5 to be the person(s)who executed the within instrument as St ' PRINCIPAL OFFICE IN TIL 1 S i COUNTY OF SANTA CLARA 00 Vice-Pres & Secretary or on behalf of the corporation therein S s My Coanmisa7on Expires July 6, 1984 named,and acknowledged to me that the corporation executed it. A 11 hfalnamuae�aamrenmemeseemanummmmaanmemHt I WITNESS my hand official seal. ' 1 ' ` /J NN T.`I Notary's ignatu ee 6 IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO Approved as to form: Mtn /4j - 1 y A PJ ney City C er 7 � - h CUPERTINO TOWN CENTER PROPERTY DEVELOPER: � . By: Richard A. . olker, Vice-Pres. Notary Acknowledgment Required. i ek :y: S - ley L. Ho .rd, Secretary r, • Page 10 ! ORIGINAL 91'70552 ' � 6-4 FII_F_DFOR RECORL • AT REQUEST OF When recorded, please return to: Ci 5 City of Cupertino ®� 54(-:.;"0„01,e7( 10300 Torre Avenue RMF FEB 25 3 55 DLI Cupertino, CA 95014 u' MMCnoOFF(CAL RECORDS arn ATTN: Dorothy Cornelius, City Clerk NO FEE IN ACCORDANCE SANTA CLARA COUliLAURIE KANE WITH GOVERNMENT CODE 6103 IMMO RECORDER PCOI K 05OPAGE 676 AGREEMENT TO ENCUMBER CONDOMINIUM UNITS THIS AGREEMENT TO ENCUMBER CONDOMINIUM UNITS is made and entered into thisoZC.f day of 1987 by and between the City of Cupertino, California (hereinafter referred to as " City " ) , and Cupertino Town Center Property , a California corporation (hereinafter referred to as "Developer" ) , witnesseth: Whereas, Developer is the owner and developer of that certain real property described as Lots 1 through 8, inclusive, as shown on that certain Map entitled "Tract No . 7575" , which said Map was filed for record on July 5 , 1984 in Book 531 of Maps, at Pages 23 , 24 and 25 , Santa Clara County Records, State of California; and, Whereas , Developer proposes to develop a fifty-six (56 ) unit, multiple family, residential condominium housing project (hereinafter referred to as the "project" ) on the above described property; and, Whereas, City has required that, as a condition for its approval of the project, Developer make five ( 5 ) individual condominium units within the project subject to the City of Cupertino Below Market Rate Housing Program (hereinafter referred to as the "BMR Program" ) by recording the City of Cupertino Below Market Rate Housing Program Participation Agreement (hereinafter referred to as the "BMR Agreement") , a copy of which is attached hereto as "Exhibit A" and incorporated herein by this reference, against each of the five (5) individual condominium units; and, Whereas, City desires to ensure that the BMR Agreement is recorded against said five (5) condominium units in the project prior to the sale of each of said condominium units. Now, therefore, in furtherance of the foregoing recitals, Developer and City do hereby agree as follows : -Page 1- K 05OPAGE 6 '77 1 . The City has consented to the recordatibn by the Developer of the Tract Map in the Office of the County Recorder for the County of Santa Clara. 2 . The Developer shall , at a time subsequent to recordation of the condominium plan on the project, but prior to the sale of an individual condominium unit, record the BMR Agreement against each of the said five (5) individual condominium units in the project selected jointly by the Developer and the City. 3 . Recordation of this Agreement in the Office of the County Recorder for the County of Santa Clara shall serve to place the prospective purchasers of the aforesaid affected condominium units on notice that said condominium units are subject to the BMR Program. 4. The parties hereto acknowledge and agree that this Agreement shall affect only those five (5) individual condominium units selected jointly by the Developer and the City and shall not affect any other condominium unit in the project whatsoever. 5 . The parties hereto acknowledge and agree that Developer ' s obligation to record the BMR Agreement against affected condominium units shall automatically terminate and all provisions herein so obligating Developer shall be null and void and of no force or effect immediately upon the occurrence of any of the following: (a) The abandonment of the BMR Program by the City of Cupertino; (b) The finding by any court of law that the Cupertino BMR Program is void and/or otherwise unenforceable for any reason; including , but not limited to, a determination that the BMR Program is violative of any state law or statute or the State or Federal Constitution; or, (c) The abandonment by Developer of Developer ' s plans to develop the property as a fifty-six (56) unit residential condominium project. -Page 2- K O50PAGE 678 IN WITNESS WHEREOF, CITY AND DEVELOPER have executed this agreement the day and year first above written. ATTEST,,•„ ..r City: OF CITY OF CUPERTINO k4 3- \jtni ,tn(l 1 . \f�. By: L , Al 4,0"2/ Ci ; F .Q1er.-�,v-c:0,:'j � >o% '� %,L c .7-..,5 ,L.9 )P f 44 ' .,;--T- 4- _ Developer: �,/°wl,l,yy,fvqll ` Cupertino Town Center Property, 5 `-. 'c a Califo a co r. on -C. By / . MWson Chartier, President Approved: -- trC- ,c(.I11A/C1M Director Of Planning Department , Approved as to form: J I • / / City Attorney STATE OF CALIFORNIA On this l)-ti day of AP. 'i1- in the year one thousand nine COUNTY OF... s)at ..C1-.a a } ss. hundred and 85 before me, Stanley L. . P.w d a Notary Public, State of California, duly commissioned and sworn, personally appeared Jason Cli .ttet known to me to be the _13ggaident3t< of the corporation described m14, OFFICIAL SEAL in and that executed the within instrument, and also known to me to be the • STANLEYHOWARD person— who executed the within instrument on behalf of the corporation �`` I..Putdbeellfamte �`` therein named, and acknowledged to me that such corporation executed the • i'^ MMA ....\ ;x_,: I CLAM COUNTY same •74, a My Com Em.Oct*1W IN WITNESS WHEREOF I have hereunto set my hand and affixed my official - - seal in the- County of.Santa.t`1 Ara the day and Ey. /0-a-18 year in this certificate first above written. .04.w.:44, OFFICIAL SEAL } Ty b it c,State of Cali rnia i"WE `• STANLEY L HOWARD ' , ± e Notary Pubfc-Celltarnla T1 SANTA CLAM COUNTY Y--- Oct MI Cat=Ent.V1.L t' tWY Cowdery's Form No.28-Acknowledgment Corporation(C.C.Secs. 1190-1190.1) . _ __ - __ –Page 3– - -- – ___ - - "Exhibit A" K O OPAGE 6 ;9 PARTICIPATION AGREEMENT CITY OF CUPERTINO BELOW MARKET RATE HOUSING PROGRAM ,,�This agreement is made and entered into thisal day of ia�cy , 1983fby and between the City of Cupertino, California (herein ter r ferred to as "City" ) , and Cupertino Town Center Property , a California corporation (hereinafter referred to as "Developer" ) , witnesseth: Whereas, Developer is the owner and developer of that certain real property commonly known as Lots 1 through 8 , inclusive , as shown on that certain Map entitled " Tract No. 7575" , which said Map was filed for record on July 5 , 1984 in Book 531 of Maps, at Pages 23 , 24 and 25 , Santa Clara County Records, State of California; and, Whereas, Developer proposes to develop a fifty-six ( 56 ) unit, multiple family, residential condominium housing project (hereinafter referred to as the "project" ) on the above described property; and, Whereas , on February 21 , 1984 , the City Council of Cupertino , by adoption of Resolution No . 2468 , approved the development of said property in a manner consistent with the terms and conditions herein contained, one of such conditions being Developer ' s participation in the Below Market Rate (BMR) Housing Program of the City of Cupertino; and, Whereas, it is the intention of both parties to set forth the covenant, conditions and restrictions applicable to BMR Program participation in this separate document. Now, therefore, in consideration of the foregoing, and of the mutual terms and covenants hereinafter set forth, the parties hereby agree that developer shall participate in the above described program, subject to the following terms and conditions: 1 . SATISFACTIONS OF CONDITIONS. City hereby agrees that execution , recordation and performance of this agreement constitutes performance of those conditions of subdivision approval for the project which relate to sale of units pursuant to the City ' s BMR Program and the incorporation of related terms in the organizational documents for the project and is sufficient in that respect to permit recordation of the final subdivision map, subject to satisfaction of all other applicable conditions and compliance with all provisions of law. 2. SALE OF UNITS. Developer hereby agrees that it will offer units for sale, based upon the unit description, as shown below, to households qualified by the City or its designee -Page 4- K 050PAGE 680 • pursuant to the City 's Below Market Rate Housing Program and the guidelines established thereunder. The sales price of the units shall be established according to the City ' s Below Market Rate Housing Program guidelines in effect at the time said units are offered for sale. Developer further agrees to insert in any deed or other conveyance of any of said units , those certain terms, conditions and restrictions attached hereto as "Exhibit B" and incorporated herein by this reference thereto. Tract Lot Unit Unit Type Number Number Number $ Bedrooms 7575 5 5 1 7575 5 7 2 7575 6 1 2 7575 6 5 1 7575 6 7 2 3 . OPINION OF COUNSEL. Concurrent with the execution hereof, Developer shall provide to City a letter of opinion of its legal counsel stating that in the opinion of counsel this agreement constitutes a valid and binding contract upon Developer and that the inclusion of the terms hereof in this agreement rather than in the Declaration of Covenants, Conditions and Restrictions for the project does not impair Developer 's legal ability to comply with said terms nor the enforceability of this agreement by City. 4 . RECORDATION. Developer shall execute this agreement, cause the same to be acknowledged and deliver said executed and acknowledged document to City in such form as to permit its recordation in the office of the Recorder of the County of Santa Clara, State of California. 5. LIMITED CONSTRUCTION. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or condition of subdivision approval except as expressly stated herein with respect to conditions relating to BMR units. 6 . AGREEMENT BINDING. The terms, covenants and conditions of this agreement shall apply to, and shall bind, the heirs, successors , executors , administrators , assigns , contractors, subcontractors and grantees of both parties and shall be covenants running with the land. 7 . WAIVERS . The waiver by any party of any breach or violation of any term, covenant or condition of this agreement or of any provision, ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. 8 . COSTS AND ATTORNEYS' FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising -Page 5- K O5OPAGE 681 • out of this agreement may recover its reasonable costs and attorneys ' fees expended in connection with such an action from the other party. IN WITNESS WIEREOF, CITY AND DEVELOPER have executed this agreement the day.,and year first above written. ATTEST:` i,annn� =;i -'•,. City: P4' O F C(j't L ' r,`= CITY OF CUPERTINO fSA!i" ,.;•, \ .i::l-: By: Sh? (M City ! erg,')°,o,,,lo /,, j .$ e�>c- i c si• S Developer: G f'' u`' / ,t i/Gb1/4:" bV`l{l 1% , SI Ca upertino Toa wn Center Property, �l-/`5 5 , i•.1 Byar— ,,,,,.1. diRrson Chartier, President Approved: Vitt S Ce/LIJP,k, Director Of Planning Department Approved as to form: che2.1 // City Attorney STATE OF CALIFORNIA On this 11th day of.....?Pril in the year one thousand nine Santa Clara } ss. hundred and B5 before me, Stanley L,,,Hqw COUNTY OF a Notary Public, State of California, duly commissioned and sworn, personally appeared Jason Chartier Q�, known to me to be the President of the corporation described . -ice trAN:YL in and that executed the within instrument, and also known to me to be the i '•t art person.-... who executed the within instrument on behalf of the corporation `; ^ F e LIANTA CLAM therein named, and acknowledged to me that such corporation executed the �_t r same 1 My Comm.Exp.Oct tE INC IN WITNESS 'WHEREOF I have hereunto set my hand and affixed my official - 4, 10_49_dy- seal in the County of....Santa..Clara............. the day and 40 year in this certificate first abov written. 442 . rea OFF1CIA1 SEAL - cypta9 fir State ofCalifomia - - ►te 3TAttLEY L ROWAN) -- — - =na S —Page 6— r„ "Exhibit B" K O5OPAGE 68 TERMS AND CONDITIONS Subject to: An option to purchase the real property conveyed hereby and any improvements thereon (hereinafter referred to as the "premises" ) under conditions herein later set forth, vested in the City of Cupertino (hereinafter referred to as the "City" ) . The City may designate a governmental or non-profit organization to exercise its option to purchase. The City or its designee may assign this option to an individual private buyer who meets the City ' s eligibility qualifications . After the exercise of said option by the City , its assignee or designee may assign said right to purchase to any substitute individual private buyer who meets the City ' s eligibility requirements and is approved by the City : provided, however , that such subsequent assignment shall not extend any time limits contained herein. In the case of the original transfer from the Developer to the City, its assignee or designee, the City , its assignee or designee shall have the right to exercise its option to purchase said premises according to the City of Cupertino Below Market Rate Housing Program guidelines, as amended and/or modified from time to time. All such notices shall be personally delivered or deposited in the United States mail , postage prepaid , first class , certified, addressed to the City Manager , City of Cupertino, 10300 Torre Avenue, Cupertino, California 95014. In the case of the transfer from the original grantee to a qualified purchaser , whenever the owner (including Grantee and all successors in interest) of said premises shall no longer desire to own said premises, the owner shall notify the City in writing to that effect . Such notice shall be personally delivered o.r deposited in the United States mail, postage prepaid, first class, certified, addressed to the City Manager , City of Cupertino, 10300 Torre Avenue, Cupertino, California 95014. The City, its assignee or designee, shall then have the right to exercise its option to purchase said premises by delivery of written notice, by personal delivery or by certified mail , to the owner thereof at any time within sixty (60) days from the receipt by the City of such written notice from the owner of intent to sell or written notice of any other method or mode of termination of ownership. As used herein, "Grantee" shall refer to the original grantee and all successors in interest. If and in the event that the City or its designee exercises its option to purchase said premises, close of escrow of said premises shall be within sixty (60) days of the opening of such -Page 7- K 050PAGE 683 escrow by either party , except in the case of the original transfer from the Developer to the City, its assignee or designee (see below) . Such escrow shall be opened upon delivery to owner of written notice of the exercise of the option or as soon thereafter as possible. In the case of the original transfer from the Developer to the City, its assignee or designee, closing costs shall be paid in the same manner for Below Market Rate units as for the market rate units in the development. In the case of subsequent transfers, closing costs and title insurance shall be paid pursuant to the custom and practice in the City of Cupertino, County of Santa Clara, State of California, at the time of the opening of such escrow. Any prepayment fees charged by seller' s lender will be paid by the buyer and that amount will be added to the buyer ' s base purchase price to allow it to be recovered upon resale by the buyer. The seller will be required to obtain and pay for a structural pest control report and to pay for any necessary corrective work . The seller will not be obligated to perform preventative, but not currently necessary, work; the buyer may perform such work at his or her expense. The purchase price shall be paid in cash at the close of escrow or as may be otherwise provided by mutual agreement of buyer and seller. The purchase price of the premises shall be fixed at the lowest amount arrived at via the following methods: 1. In the case of the original transfer from Developer to the City or its assigned interest, the purchase price of the units shall be established according to the City 's Below Market Rate Housing Program guidelines in effect at the time such untis are offered for sale. 2 . In the case of all transfers other than the original transfer from the Developer to the City, its assignee or designee, the purchase price shall be fixed at and is based upon: a) The purchase price paid by the selling owner plus an amount, if any, to compensate for any increase in the cost of living as measured by the Consumer Price Index for the San Francisco-Oakland area published by the U.S. Department of Labor , Bureau of Labor Statistics (herein the " Index" ) . For that purpose, the Index prevailing on the date of purchase by Grantor of said premises shall be compared with that estimated to be prevailing sixty ( 60 ) days subsequent to receipt by the City of notice of intent to sell. The yearly compounded increase in the Index , if any, shall be computed and the base price shall be -Page 8- KO5OPAGE 684 increased in the same percentage ; provided , however , that the price as determined under Subparagraph 2 (a) above shall in no event be lower than the purchase price paid by the selling owner. b) The adjusted purchase price, as determined by Subparagraph 2 (a) above, shall be increased by the amount of any prepayment fees charged by the previous owner ' s lender and paid by the current seller at the time the current seller purchased said premises. c) The adjusted purchase price, as determined under Subparagraph 2 (a) and Subparagraph 2 (b) above , shall be increased by the value of any substantial or structural or permanent fixed improvements which cannot be removed without substantial damage to the premises or substantial or total loss of value of said improvements as hereinafter provided. No such adjustment shall be made except for improvements made or installed by the selling owner. No improvement shall be deemed substantial unless the actual initial costs of the improvement to the owner exceeds one percent (1% ) of the purchase price paid by the selling owner for the premises . Notwithstanding the foregoing , improvements to the common areas of a condominium or Planned Unit Development (PUD) made by a mandatory assessment by the homeowner ' s association will be considered the same as an improvement made directly by the owner . The one percent (1% ) minimum expenditure requirement will not apply to such assessments . In addition , replacement of appliances, fixtures and equipment which were originally sold as part of the unit will be deemed substantial improvements if the replacement is required by the nonoperative or deteriorated nature of the original appliance, fixture or equipment. The replacement must be of comparative value. The one percent (1%) minimum expenditure requirement will not apply to such replacements. No adjustment shall be made for the ' value of any improvements unless the owner shall present to the City valid written documentation of the cost of said improvements. The value of such improvements and the amount by which the sales price shall be adjusted shall be the appraised market value of the improvements when considered as additions or fixtures to the premises ( i. e. , the amount by which said improvements enhance the market value of the premises) at the time of sale. The City or its designee shall have- an appraisal made by an appraiser of its choice to establish the market value . The owner may also have an -Page 9- K O5OPAGE 685 appraisal made by an appraiser of owner's choice to establish the market value . If agreement cannot be reached , the average of the two ( 2) appraisals shall be termed the market value. In all sales, the sales price, fixed as designated above, shall be recorded clearly as a part of the deed transferring ownership. Upon resale, an inspection of the premises will be made by the Chief Building Inspector of the City of Cupertino. Damage done to the premises as a result of the selling owner ' s failure to adequately maintain the premises will be identified by said Inspector and the cost to repair them will be estimated. The seller has the option, exercisable prior to the close of escrow, of either repairing the identified damaged conditions and receiving the full sale price as established above or having the cost to repair the identified damaged conditions deducted from the proceeds of the sale. Those funds would remain in escrow and guarantee that the repairs be made. In no event shall the City in any way be liable to the Grantee, nor become obligated in any manner , by reason of the assignment of its option to purchase, nor shall the City be in any way obligated or liable to the Grantee for any failure of the City ' s assignee to consummate a purchase of the premises or to comply with the terms of any sale agreement. Until such time as the City ' s option to purchase is exercised, waived or expires, said premises and any interest in title thereto shall not be sold, leased, rented, assigned or otherwise transferred to any person or entity except with the express written consent of the City or its designee, which consent shall be consistent with the City ' s goal of creating , preserving , maintaining and protecting housing in the City of - Cupertino for persons of low and moderate income. In the event that the City abandons or fails to exercise its option to purchase said premises within sixty (60) days after it receives the notice of intent to sell, the City will cause to be recorded in Santa Clara County a notice of intent not to exercise its option with respect to said premises, and shall deliver a copy thereof to the owner of said premises. Said notice shall be recorded within fifteen (15) days of the City' s decision not to exercise its option, but no later than sixty (60) days after the City receives the notice of intent to sell. Upon recordation of said notice, the provisions of this option shall no longer be applicable to said premises. The following transfers of title or any interest therein are not subject to the option provisions of this deed; transfers by gift, devise or inheritance to grantee ' s spouse or issue ; transfers of title to spouse as part of divorce or dissolution proceedings ; acquisition of title or interest therein in -Page 10- • K O5OPAGE 686 conjunction with marriage ; provided , however , that these covenants shall continue to run with the title to said premises following said transfers. The provisions set forth in this deed relating to the City' s option to purchase shall terminate and become void automatically fifty (50) years following the date of recordation of this deed unless extended in writing for one (1) additional fifty (50) year period at the option of the City and the same shall constitute covenants which shall run with the land and be binding upon grantee (s) and successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the property. Any attempt to transfer title or any interest therein in violation of these covenants shall be void. The grantee covenants to cause to be filed for record in the Office of the Recorder of the County of Santa Clara a request for a copy of any notice of default and of any notice of sale under any deed of trust or mortgage with power of sale encumbering said unit pursuant to Section 2924(b) of the Civil Code of the State of California. Such request shall specify that any such notice shall be mailed to the City Manager , City of Cupertino , 10300 Torre Avenue, Cupertino, California 95014 . In the event the grantee fails to give such notice to the City, all surplus to which the grantee may be entitled pursuant to Section 727 of the Code of Civil Procedure of the State of California shall be paid to the City. If the grantee gives proper notice, any surplus to which the grantee may be entitled pursuant to Code of Civil Procedure Section 727 shall be paid as follows: That portion of surplus (after payment of encumbrances) , if any , up to, but not to exceed, the net amount that the grantee would have received after payment of encumbrances under the formula set forth above had the City exercised its option to purchase the property on the date of the foreclosure sale, shall be paid to the grantee on the date of the foreclosure sale; the balance of surplus, if any, shall be paid to the City. In the event that the unit is destroyed and insurance proceeds are distributed to the grantee instead of being used to rebuild, or in the event of condemnation, if proceeds thereof are distributed to the grantee, or in the event of termination of the condominium, liquidation of the association and distribution of the assets of the association to the members thereof, including the grantee, any surplus of proceeds so distributed remaining after payment of encumbrances on said unit shall be distributed as follows: That portion of the surplus up to but not to exceed the net amount that the grantee would have received under the formula set forth above had the City exercised its option to purchase the property on the date of the destruction, condemnation evaluation date , or liquidation , shall be distributed to the grantee, and the balance of surplus, if any, shall be distributed to the City. -Page 11- KO5OPAGE 687 All notices required herein shall be sent to the following addresses: City: Declarant: Purchaser (s) : City Manager Cupertino Town Center Property, Inc. City of Cupertino 21060 Homestead Road 10300 Torre Avenue Suite 120 Cupertino, CA 95014 Cupertino, CA 95014 BY ACCEPTANCE of this deed, the grantee accepts and agrees to be bound by the covenants contained herein. -Page 12- 10950PAGE 688 • ORDINANCE NO. 1376 AN ORDINANCE OF THE CITY OF CIJPERI'INO AMENDING EXHIBIT C 'OF ORDINANCE NO. 1165 TO MODIFY CONDITION 16 OF AN APPROVED PLANNED DEVELOPMENT ZONING ACTION TO PERMIT THE PAYMENT OF AN IN-LIEU FEE IN PLACE OF PROVIDING BELOW MARKET RATE HOUSING UNITS. THE CITY COUNCIL OF THE CITY OF CiJPE LINO DOES ORDAIN AS FOLLOWS: WHEREAS, on April 5, 1982, the City Council enacted Ordinance No. 1165 rezoning certain real property described in Exhibit "A" of Said Ordinance 1165 and included in that rezoning action a series of conditions listed in Exhibit C of said Ordinance; and, WHEREAS, the City Council now desires to offer to developers the option to pay a fee in-lieu of providing Below Market Rate housing units; and, WHEREAS, Condition 16 of EXhibit C of Ordinance 1165 must be amended to include the in-lieu fee payment option. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That Condition 16 contained in Exhibit C of Ordinance No. 1165 is hereby amended to provide as follows: 16) BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate ( 2) Housing Program. The applicant shall have the option to fulfill the BMR participation obligation in either of the following ways: a) Provide the required number of actual housing units b) Pay to the City of Cupertino an in-lieu fee as follows: For that portion of the development commonly identified as the Cupertino Waterfall (Town Center Properties) Condominium: The Sum of $178,000 For that portion of the development commonly identified as the Senior Citizen Retirement Project (De Anza Properties) : The Sum of $125,000 For that portion of the development commonly identified as the Apartment project: The Sum of $108,750 If the applicant elects to pay the BMR in-lieu fee, the Planning Director shall retain the option to specify a graduated payment schedule not to exceed two (2) years duration. Said graduated payment schedule, and all other terms affecting the in-lieu payment, shall be embodied in a recorded agreement which shall be subject to prior approval by the City Attorney. K O 5 O PAGE 6 8 9 ORDINANCE No.. 1376 ' ' Section 2. This Ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 4th day of August , 1986 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 18th day of August , 1986 by the following vote: VOTE MEMBERS OF THE CITY CQTNCIL AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABS : None ABSTAIN: None APPROVED: /s/ Barbara A. Rogers Barbara Rogers, Mayor City of Cupertino ATTEST: • /s/ Dorothy Cornelius .T Dorothy Cornelius r., City Clerk AAA,, THIS IS T0.CCE�P II.F*At ,Af Th I HIN NI I NSTRUM ENV' IS hR�UE AN ',C❑ Ct COPY OF THE ATTESOTR;'JGIN C L!ON ` I4t-THrS�OFFICE.FFICE. I.rlrer�_�5:ST,'? ^ / CITY CL-41tIcc 4114iGJ& Oc C'LIPERTINO SY �^ MVV V\l•NiN • RESOLUTION NO. 6586 A RESOLUTION OF,THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING MODIFICATION TO THE IMPROVEMENT AGREEMENT FOR TRACT NO. 7661, DEVELOPER, CUPERTINO TOWN CENTER PROPERTY, RODRIGUES AVENUE WHEREAS, the City and Cupertino Town Center property, Developer, have entered into a subdivision improvement agreement for the development of Tract No. 7661; and WHEREAS, there has been presented to the City Council for execution a "Modification to Tract 7661 Subdivision Agreement," providing for the transfer of certain park fees paid by the Developer towards the next phase of the original tentative -map; all as more specifically outline in the proposed modification agreement; and WHEREAS, the provisions of the modification agreement have been reviewed and approved by the Director of Public Works and the City ' Attorney; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the "Modification to Tract 7661 Subdivision Agreement" in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of June , 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Phil N. Johnson City Clerk Mayor, City of Cupertino State of California ) ' County of Santa Clara ) ss. On this seventeenth day of May , 1985 , before me , Thomas R . Bonauro, the undersigned Notary Public, personally appeared Jason Chartier and Stanley L. Howard, personally known to me to be the persons who executed the within instrument as President and Secretary, respectively, on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and off ' ial seal. /eee33E011ll2llUeeteeFEeee/ItepleleeEEepeCOeeeeeEeee 41•1 OFFICIAL SEAL / lav TOIL IC BOMAURO 6 NOTARY PUBLIC C CALIFORNIA PRINCIPAL OFFKE IN THE Notary' s Signature = COUNTY OF SANTA CLARA g My Commission Expires July 19, 1988 • • • • MODIFICATION - - to - 41::'r .TRACT 7661 SUBDIVISION AGREEMENT An AGREEMENT to modify the existing agreement for Tract 7661 between Cupertino Town Center Property (Developer) and the City of Cupertino, (City) , a Municipal Corporation, made this 3rd day ofJune, 1985• WHEREAS, the City and the Developer has entered into a Standard Subdivision Agreement for Tract 7661 including the payment of park fees in accordance with Ordinance No. 602.. The amount being $156,600.00 for fifty-eight (58) units,' and, WHEREAS, the Developer desires to transfer the fees paid on Tract 7661 to the • next phase of the- Original Tenative Map, and, WHEREAS, the Developer will substitute an Irrevocable Letter of Credit for the amount of fees to be transfered, and, WHEREAS, the developer agrees to convert the Irrevocable Letter of Credit • to cash within thirty (30) days written notice from the City. WHEREAS, All other provisions of the agreement for Tract 7661 shall remain unmodified. NOW, therefore be it agreed between the Developer and City: • 1. The total park fee to be paid on Tract 7661 shall be $156,600.00 `' • 2. The City will accept an "Irrevocable Letter of Credit" in the amount of $78,300.00 • • 3. The City will transfer $78,300.00 toward Park Fees for Tract 7662. CITY OF CUPERTINO • . . Apprdved as to form: • • %_ L'ity Attorney y er' • Cupertino Town Center Property • • DEVELOPER: a California Corporation • • • ' ( � Jason/Cha/rt r , president Votary Acknowledgment Required. �1� rfi�C By(C�y ;: How d, Secretary • • RESOLUTION NO. 6558 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7661 LOCATED ON TORRE AVENUE; DEVELOPER, CUPERTINO TOWN CENTER PROPERTY; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 7661 located on Torre Avenue showing certain avenues, drives, places, and roads by Cupertino Town Center Property; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map and improvement plans of Tract 7661 , be and the same are hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. c. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to sign the improvement plans. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. I • PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of MaY , 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Phil N. Johnson Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk RESOLUTION NO. 6558 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tract No. 7661 Cupertino Town Center Property LOCATION: Torre Avenue A. Faithful Performance Bond: (Off site) $ 10,000.00 Ten Thousand and no/100 Dollars (On site) $ 70,000.00 Seventy Thousand and no/100 Dollars (Common area) $ 19,000.00 Nineteen Thousand and no/100 Dollars B. Labor and Material Bond: (Off site) $ 10,000.00 Ten Thousand and no/100 Dollars (On site) $ 70,000.00 Seventy Thousand and no/100 Dollars (Common area) $ 19,000.00 Nineteen Thousand and no/100 Dollars C. Checking and inspection Fee: (Off site) $ 500.00 Five Hundred and no/100 (On site) $ 3,500.00 Three Thousand Five Hundred and no/100 Dollars (Common area) $ 950.00 Nine Hundred Fifty and no/100 Dollars D. Indirect City Expenses: $ 743.00 Seven Hundred Forty-Three and no/100 Dollars E. Development Maintenance Deposit: $ 370.00 Three Hundred Seventy and no/100 Dollars F. Storm Drainage Fee: $ 6,319.00 Six Thousand Three Hundred Nineteen and no/100 Dollars G. Map Checking Fee: $ 116.00 One Hundred Sixteen and no/100 Dollars H. Park Fee: $156,600.00 One Hundred Fifty-Six Thousand Six Hundred and no/100 Dollars I. Street Trees: By Developer J. Water Main Extension Deposit N/A K. One Year Power Cost N/A F • • • • TRACT AGREEMENT This AGREEMENT, made and entered into the 6th day of May , 19 85 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and C JPERTINO TOWN CENTER PROPFII Y, a California corporation; hereinafter desig- nated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to subdivide certain land within the CITY of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked & designated Tract 7661 Cupertino California, hereafter designated as the "Tract," and • WHEREAS, said map shoss certain courts, drives and roads which are offered for dedication for public use; and • WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Tract by Kirkeby and Associates, a true copy of said improvement plans and specifications are on file in the Office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference; the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be herein- Y after called the "Plans" and the work to be done under the Plans shall be called the "Work." • Prean 1 rJ / 2 51 r • • 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 PART A. Faithful Performance Bond: (Off site) $ 10,000.00 Ten Thousand and no/100 Dollars (On site) $ 70,000.00 Seventy Thousand and no/100 Dollars (Common Area) $ 19,000.00 Nineteen Thousand and no/100 Dollars PART B. Labor and Material Bond: (Off site) $ 10,000.00 Ten Thousand and no/100 Dollars (On site) $ 70,000.00 Seventy Thousand and no/100 Dollars (Common Area) $ 19,000.00 Nineteen Thousand and no/100 Dollars PART C. Checking .and Inspection Fee: (Off site) $ 500.00 Five Hundred and,no/100 Dollars (On site) $ 3,500.00 Three Thousand Five Hundred and no/100 Dollars • (Common Area) $ 950.00 Nine Hundred Fifty and no/100 Dollars PART D. Indirect City Expenses: ' $ 743.00 Seven Hundred Forty ,.Three and no/100 Dollars PART E. Development Maintenance Deposit: $ 370.00 • Three Hundred Seventy and no/100 Dollars PART F. Storm Drainage Fee: $ 6,319.00 Six Thousand Three Hundred Nineteen and no/100 Dollars PART G. Map Checking Fee: $ 116.00 One Hundred Sixteen and no/100 Dollars PART H. Park Fee: $156,600.00 One Hundred Fifty Six Thousand Six Hundred and no/100 Dollars • PART I. Street Trees: By Developer PART J. Water Main Extension Deposit: N/A PART K. One Year Power Cost: N/A • Page 2 • NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. 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 accordancewith the Plans as approved by the City Engineer of Cupertino. The Work shall be performed under the inspection and with the approval of the City Engineer. The work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, 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. 2. 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. Page 3 3. 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. 4. 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 toconstruct 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. Page 4 5. CHECKING AND INSPECTION PEE • . 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. 6. 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) . 7. MAP FILING FEE • It is further agreed that the DEVELOPER shall deposit with . CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No: 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part'G-) . 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. 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) . 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 K) , which amount represents the power cost for street lights for one year. Page 5 • 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. 12. PARR 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 H, Page 2 herein. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. 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. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions 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. Page 6 • 17. STREET LIGHTING - P. G. and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. 18 . PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH It isfurther 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 Telephone and Telegraph Company that said fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for 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 as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or 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 Page 7 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 sa,tisfactory 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 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. 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 September 9, 1977. The deposit shall be held by the CITY untilsaid 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 3, shall be the full amount due. 23 . 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. Page 8 State of California County of Santa Clara ass. On this 30th day of April , 1985 , before me, Thomas R. Bonauro, the undersigned Notary Public, personally appeared Richard A. Kolker and Stanley L. Howard, personally known to me to be the persons who executed the within instrument as Vice—President and Secretary, respectively, or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. nrtaastt:tetetnaa:E::emminemist::::EEs:cecE:nn OFFICIAL SEAL 5 , ; THOMAS R. BOMAURO /,�(J//7 \%t1411.. p�t : t:orAtY Cystic — cAtiioaH!A � fir:'.-f,Y nmcI AL Gi:I:E IIJ T11E Notary's Signature cGJKT GF tANTA MRA ir My Commission Expire: July 19:1988 C iitamisnraznnmizatmuntomunstmettnu2tai ^,ALc i • Co • = A mylar sepia and eleven 311) 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. 24. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, • administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed -by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council. and .said DEVELOPER has hereunto - caused his name to be affixed the day and year first above written. CITY OF C TINO • Approved as to form: dr° �'• "a. , s y A or ✓ iT y mer . I i s-/‘—es C<7PERTINO TOWN CENTER PROPERTY, • DEVELOPER:a Calitori a corporation ET— • Notary Acknowledgment Required. �AeG /j i ig 'Ali SY Page 9 BUN171CI 'r'P - SET TAB STOPS AT ARROWS Of . CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) 5-1 5-.85, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS (] ALBURGER DE GROSZ, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, P 0 BOX 248 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PALO ALTO, CA. COMPANIES AFFORDING COVERAGE 94302 COMPANY A LETTER In'Surance Co. of North America Ct COMPANY E INSURED Hudson Insurance Company JASON CHARTIER/MAYCO CONSTRUC 4QAbANY CUPERTINO TOWN CENTER PROPERTY LETTER O Fremont Indemnity 21060 HOMESTEAD ROAD COMPANY 0 CUPERTINO, CA. LETTER 95014 COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. B TYPE OF INSURANCE POLICY NUMBER POLICY ERECTNE POIJCY FoRATON LIABILITY LIMITS IN THOUSANDS DATE(MWCOIYIO DATE(MM7XOff4 — EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY ;' COMPREHENSIVE FORM MFC DO 63 91 62 A 9-20-84 9-20-85 INJURY $ 500 $ 500 . PREMISES/OPERATIONS PROPERTY $ $ IE D(PLOSIONU&COLLAPSE HAZARD 250 250 AMAGE . PRODUCTS/COMPLETED OPERATIONS . CONTRACTUAL COMB NEO $ $ . INDEPENDENT CONTRACTORS . BROAD FORM PROPERTY DAMAGE . PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY twAY $ I r . ANY AUTO (PER PPM I I . ALL OWNED AUTOS(PRN.PASS.) BrwNm, { . ALL OWNED AUTOS(PRTMIV�PASS.) FEA atm - , I I . HIRED AUTOS PROPERTY I . NON-OWNED AUTOS DAMAGE $ j� . GARAGE LIABILITY COMBINED $ 1 Ell 1 . EXCESS LIABILITY © UMBRELLA FORM HS 01783 9-2,o-s4 s-2.o-s5 COBN MED $ 5, 000 $ 5, 000 .. el . OTHER THAN UMBRELLA FORM STATUTORY1 ._. _i WORKERS'COMPENSATION -- $ (EACH ACCIDENT) II AND EC 84 120056 6-30 8,4 6-3Q-85 (DISEASE POLICY UMIT) EMPLOYERS'LIABILITY I �$ (OISEASEEACH EMPLOYEE) I OTHER DESCRIPTION OF OPERATONSILOCATIONSNEHICLES/SPECLbL ITEMS As respects: Tract 7661 Cupertino, CA. CERTIFICATE HOLDER CANCELLATION CITY OF CUPERTINO, MEMBERS OF THE :L 'WOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- COUNCIL OF THE CITY OF CUPERTINO, PIRATION DATE THEREOF, THE ISSUING COMPANY WILL DELEIRCJTMX MAIL-10_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE INDIVIDUALLY AND COLLECTIVELY, AN ID LEFT, bm-tomogroSGmx xDE>E azf lmI aX THE OFFICYS6SJ $C9. 511X4WFR X S, AGENTS AND EMPLOYEE • I OR REPRE NTATNE THE CITY INDIVIDUALLY AND COLLECT mi LY ' , /// , / /d ,, .S ` ACORD 25 (2/84) ' VIIRIACORfi CORPORATION 1984 Z...'L A'r"P. /u'tI-r.Rn l `� ALBURG E R • D E G R O S Z • I N C . INSURANCE • BROKERS May 15, 1985 INSURED : Jason ChartieriMayco Construction Cupertino Town Center Property, etal POLICIES : MFC DO 63 91 62 A of Insurance Co. of North America HS 01285 of Hudson Insurance EC84 120056 of Fremont indmenity CERTIFICATE HOLDER: The 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 individually and collectively. 10300 Torre Avenue Cupertino, CA. 95014 ADDITIONAL INSURED: The City of Cupertino, members of the City Council of the City of Cupertino, individually and collectively and the officers, agents and employee of the City, individu- ally and collectively. PRIMARY CLAUSE: 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 policies, that other insurance shall be excess insurance only. CANCELLATION NOTICE: Should any of the above policies be cancelled before the expiration date thereof, the issuing company will mail at least ten (10) days written advance notice thereof. • 3997 EAST BAYSHORE ROAD•P.O.BOX1609•PALO ALTO•CA•94302 PHONE•415 3280900.961.0900 SET TAB STOPS AT ARROWS' a 0CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) ® 7=27-84 P'RODUCER, - .THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS ( • .1_ ALBURGER DE GROSZ INC. . . M NO RIGHTS UPON THE CERTIFICATE TIES CERTIFICATE DOES NOT AMEND, . `-EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O BOX 248: PALO ALTO,- CA, - •- "• • - COMPANIES AFFORDING COVERAGE 94302 - COMPANY LEITER A Insurance Co, of North.America COMPANYerrRB Hudson Insurance INSURED JASON CHART I'ER' COMPANY MAYCO CONSTRUCTION, ETAL ' R O Fremont Indemnity 21060 HOMESTEAD ROAD _ COMPANY D CUPERTINO, CA. LETTER 95014 COMPANY LETTER E _ COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH.POLICIES. LIABILITY OMITS IN THOUSANDS L� TYPE OF INSURANCE POLICY NUMBER PoOATh DATE( -- EACH AGGREGATE • GENERAL LIABILITY BODILY III COMPREHENSIVE FORM MFC DO 63 91= 62 A 9-20-83 9 20 84 IWURY $500 $ 500 • PREMISES/OPERATIONS I • - --- - PROPERTY • UNDERGROUND - - - DAMAGE $250 • $ 250 EXPLOSION&COLLAPSE HAZARD - - . ■ PRODUCTS/COMPLETED OPERATIONS -. CONTRACTuAL • - �naewm $ $ ® INDEPENDENT CONTRACTORS - - - - -. BROAD BROAD FORM PROPERTY DAMAGE- -, - - © PERSONAL INJURY PERSONAL INJURY $ 500. ■ AUTOMOBILE LIABILITY - - - - - NeBYV ■ ANY AUTO .J (PER PERM) ■ ALLWNED AU OTOS-(PRN.PASS.) ' • - - PY .- ■ ALL OWNED AUTOS'(PR LV.PA SSN) .i (FS ACCVENB $ U HIRED AUTOS - PROPERTY• NON-0WNED AUTOS DAMAGE $ BI 8 PD 1111 GARAGE mare ■ COMBINED $ iEXCESS LIABILITY _ In uMBRaLA FORM HS 01285 9-20-83 9 20-84 M m $5,000 $ 5,000 El OTHER THAN UMBRELLA FORM - STATUTORY WORKERS'COMPENSATION - °" -Ill (EACH ACCIDENT) EC 84 120056 6-30-84 6 30 85 $ EMPLOYERS'LIABILITY - ': _ (DISEASE-POUCY LIMB . $• , (DISEASEECMEMPLOYEE) IT DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - CERTIFICATE HOLDER IS ADDITIONAL INSURED PER ENDORSEMENT TO THE POLICY CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE-CANCELLED CANCELLED - CITY CITY OF CUPERTINO PUPATION DATE THEREOF, THE ISSUING COMPANY'WILL �px7b MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLD R N�}KEp See attached for Name of Certificate:Hold-1 'is.F ,S„,y.,, .•d,44. 2iA1B1EflTx Attention: Sumi // 4 e ACORD 25 (2/841 • .Z.” IIR,ACORD CORPORATION 1984 • r ALBURGER-DE GROSZ, INC. 9n4urance &roher6 3997 EAST EAYSHORE • PALO ALTO, CALIFORNIA 94303 July 27, 1984 TELEPHONE C415) 3213.0900 INSURED: Jason Chartier/Mayco Construction etal POLICIES: MFC DO 63 91 62 A df Insurance Co. of North America HS 01285 of Hudson Insurance EC84120056 of Fremont Indemnity CERTIFICATE HOLDER: The 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 individually and collectively. 10300 Torre Avenue Cupertino, CA. 95014 ADDITIONAL INSURED: The City of Cupertino, members of the City Council of the City of Cupertino, individually'and collectively and the officers, agents and employees of the City, individu- ally and collectively. PRIMARY CLAUSE: 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 policies, that other insurance shall be excess insurance only. CANCELLATION NOTICE: Should any of the above policies be cancelled before the expiration date thereof, the issuing company will mail at least ten (10) days written advance notice thereof.