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86-111 Charles Masters, Tracts 7801 and 7840, Jollyman Lane . .. ; k44125V:4tf:'; i..' ' ; ' ,4%'' "4‘."..s. ...‘; ':./4 4 ' 14%it . ‘1" - . 4-."2.-...",i ' :1•44%.-."41 " .": •• % e ".."":P.".tvr9':)'- '.rN4%ft:'°"4" •. 4, ' .. ;24%-i ;Th) %-'4' i 1:• so: r:!, :!,,,, . 7:':2?rt.: • , '.- .. I'-.- .71 . .: 11. 'T' .' , . , ri4';;', '. ' . ' :::4 ' ' d , . . - ' , .,. , .F.'... C" ' n.s - . , ',.; ` "c,7-±' • . - , . , . -;',Ah•-•..,,,4,517'. ..,. .• . .., . ' Cit-ii of Cupertino ,. : ;•;-",'' 41 .t.l:.•fe"-K;:-Prp.. !".!.4:The'S,0 ;%.•;V': s;.'.. ...;11•:%; :' $ • ",% (:".;'....”:".-.," .1.•."....: l: I.', J.%.,'14;1_ 1 .,, %' •.ill.•:"."L.--3.4 r.- :51.,r::7;... '....?;'?' A,74,,..41('c'ele-,;;;eile!,.‘ :: • : .,,•?,•4-,.: %.,,,;tt..-3,..f;,., 4:•"5A,,,il:94..n.--,„s:,;.C.''L' ;. '.7..ri; -Cupertino CaliforniaCilifornii 95014 i AP•s:4;1/ :4.r;". • '4'r;'' -PK'''. ' .,'.:t" IA 7-1,...2 ,.•,,,-,,..,:,,,,i,,.. , --,,,4' .co,, p , -cc-P.O.P 0 Box sea 441)';'1 e,-;;.%.:1, .. '' 10300 Torre Avenue 1,--• ".-1 ..",' -" 4; „,1, . :-•i.,i't c,' ,-;.1:4-:. %""r4". 2...",•,,SI'd'se.c.:44,11,".• sl•:'''. - l.' • • ".i,,(.• 4,:.p.:if,,,,.•i/s,V.,,,:;-, ,.. .,„c'e, - ;,41.1:.....1,..41,-„lt. ‘.,Cppertro:,,:Calitotpla94!:)5/-preirerk:-..ifpe.42,.. siitAii: :"••••• '-'1q'c • ; :,ff:-.. <-1., :. '''.; ' ,1- Telephone: (40B) 252-4505 ,, ; . , • . . , . - . .., . . . . ' • . ' OFFICE OF THE CITY CLERK : .. . . , , - ., ..' . • .4 4 , •kr ':::i. 44.0.•-•‘,9.Cr x Pt • p-tt.... J.?, it.t:Lit...'t: Pt....t...4, 7 111•477"?';72'.1-' t1.1.1P;i::;.''Y's•7:I:. ''. :•."tc' l.e.:'1:'.:1-• i'jr.,p(1,Cfit'7, 17T.• P-•.' '-;.."-"4.1 '"'",•''''• '''': `el, de-nr ,P.- t''.• 4.••-• J'73-1-15;:---),'fa :'4:'..“4.-71:1';';‘;''''''.:-.:- I.' •;:";71;.?";41‘;°:7•1‘2: tr ':•,r;7;::..jvi frit,'ft:S> ,.1:1p :.` ••7i. .AzliA:c ..,::-!•''' . ."4-SP24;-1.;.:;:?P,13.P.".pitSlytii0;i:'''';"'', "PC•"•:gptC:Z.t.'•'.‘r,'. •4i757C,C.;‘`Tl ', P‘'; '..9''.';:: t :••Zsik'•:..4;tgt;4-tcrk;f:7;•\.'•''41 " - .c.:70.Ci t't w'cO,,t`,...'4'..,`':';;;Ttttl4gt4;i7;.;:::•;;'•• .1,*,•,44-;(•, '21;.:tt•-,1i;',';:PFT4' 17,1;Ii:tihtl.t"f'5•:•Pc-?`2,4"Y!C-..-\1'h.i''C'Pli kt„.' "4;.iVtif.;• %"2. '",72 ,4• ';‘17..-Y- p.t'•••!•;::';'e.2.•717''''L.ff•c?li7<c...';'711Vc 'ettip-': 7 Y . : P4.:7t,•,Y:''' -..;"PP' ''''' ".7'-`.. :.7.:.: • ....7. ". %;v74J'7. ; '4,, t t'P I id; .. ••,..' '''I. 44q e ,it;4:1;:t1P2:3712.-: P.',:"(itiSi l-t";,.•lA.v4 "'"',.il's•fl...l.l '-'4,;.l.ten,"--4,-",-li--..`:1-7-"::A.'.-• ...-•-:' --• . 1%.c.-r w.'• ,' ri' it:- '''V:11:7''5 "?.'''!.,`':! .' 1, ': ::,%,• =,-,-,! ! '"'S :,"' '''i V• 2.1":';',',1/2'.' I t ' • ',' ' ' ...- '''— '- '-. •'''.;, i'4‘.1':,, Tx‘ . , t" V '" tv. t.' , ... . . , March. 17, 1986 • ' .,., , , . . , ..,''' 1 : , " -- ' , . . .., . , ,, ,,„, ,,.„,;.; i, -• '.44. •. 2.-- t•-,t.•'•':. ,•-• -'....,•.•.-',',..4 ...<.-1‘47:••22/20541.--2•04'• • '• ..4`..,,,.;j:..2“- .•.,:•,•„:.Charlei:';'Pe.,',Masters: • . ?.,, 4 <ere; 11:.1..."771$7.4)1: te:7'.., 4-.1..tr'7. .--:-.'fh.Pr"oi-!:0.;.,-;-k.i,P.c.y....11 '. 7is.??...:, :rel,•:41.•:ri.);•..,‘„,,,i. . .'11.3:1:';'''i•'-'1 •1178 Copper. Peak Lane': • . :. •-•,,. ...-•.• e.--,,,-,c,"- :.. , ,. „; .,...:,./.., v ..„ .,,,,•,,,,,,,. •-•>,,•,•4•„:„.,-•±;:•„,;,:'y...i.„. ., •. , -- -' '••,..2., •••-z;rt•ii: •;-,"( •••.' "4 ,C. : 17:t4"I' -.1.1).;',.."."5:^ e":;,..,1;i6''-!•:N4,_%Aet irti).2,1..4 6%'44f 4?-.4riA4.1":%ftb.S an''Jose'l'.Calif ornie;v:\95120. .' :•••t-,fr),•;*•:•••- s.i.' .'" •. ,, :':T '!'i lit. .. r%::.) 'i,;.4,1,11:74t,,Vt' ..,TA.)3912,4iLl,;.1,1,r.. :104 ., 1. 'I r . . ‘..ir.... ;3 r•%""2:r:". r .4-V:,,,,,: •--.... , . " . ., ;, -... •4 , r , P , -...t i. ;.• i ••..`: :,:.1,..,,:t,p ,•?..--le rivt,',(po -?..,0 .;1:.*4:.1‘.-, _jf ‘ ', , , '''? •;L:4<'"71.j"4% ' IMPROVEMENT AGREEMENT ' • ' ...,„ • . - • ,t" !-' /.44,.....•• „,. , , c : . •. C.',..f.:,..-y,2: '': . , „ -• , „• •• :',.••.•V:V et ...- . 1:121:=',i”.• 241..,;4.‘ ,1?•,.,1..7.:.,i, e. e. • 11 .: '. •••:••••••“ e :!.4.::-:'.‘e= 1 .. ..•i.c... ' 1'r'. ' •'=e 1 Aci 4 & 1.f..;:4::''Ckt.;''' ,. ..- • - • - 4: .4 ••• ,,...1.:, • • 'We are• enclosing.to you for your: . files one (1) fully executed copy •...,1:,-.F.:;vr.:.,?;?,,,.,,,... of the,`Agreement•tby't and,betWeen.:fthe City•of Cupertino and ;Charles T. e•f:4:- '' }IT:, '''' ) ,17.7.0. •• ' ''• • Masters,, along with one (l) copy of- Resolution'No.' 6784, which was ; :,. . .., <1.,±.„"?..i.,v;1?p,•::?...%,,',. C., 'enacted by the'•City Council of the City of Cupertino,- at their regular 11 ,. . ,:'2',1,1.•16,4".; ••` • meeting of Monday, March 3, 1986. • . , , ,;(..4',-,,22‘ ' 4 , • , , - .. , • . . . , , . . - • , • , . ':.;:. • , „ . . - Since , . - . -• , „ • -, - ..., . ! . " --' - • • . .:- •' . •it:•-• . , • • .• • ' ,, - 'DORO IlY CORNE IUS • . , ••:.:( €., •... *"•.‘2- 4":,-- • CITY CLERK ; • . ..!3••••:', ,.--,::',--- ,....'.. CITY -OF CUPERTINO ' . ., '.7 2:- if;,1.1,'4'2.."4'14:,,.';''4,.4..;4,4..,;% .it...f. 1-44.%4:,';" ,1., !,'1;'2•.';' ," "„, ?..':.'v,;--,„"",;?•-, . • • ,,r"\:...".4?..`".: ,,:,„-.:,';.;„;,A,.•.‘.I,•,•.• q,..„,,vS.-z,.....'1r,..?. ,cr,,, .-,,,,.1.' :.•. . 1e:,t.',4.;..,;2s",•q,V,,',s k,,,'.''';;-.J•-1:.l.'-'..'.,1.3:.,•.P.'e4„.,•,.:,•N"•.• 17 ^- t":s- o " -$, i4: , 4" ,. „ . f /'. .- , -, ;3 .,. ; ,, - 4 . i ., , „Jr:. '- Pfi ; , , v„ ,,44 , i.-!;')-• ..•41:1::::':,•;,*141.-:‘,.‘ -14'.t' ,i.1...-'!'.!?tc-Pt`'''sit- a-"',4•L''',''..?;'.5-2:,:?;2'7:: "•;-`;:':"141 t'1141!sistrir '''?' Crilr'!k,t 14 1;• \i"---.,..!! tf,P.y-,,' Del SC) :ri>V 4',.• %,...i.1 ,'..1.-11; 1 ei ,.., ....f.,4111SY.treL2'441.-1/14 . . 1.1 .?? • ‘‘......!;:. '• cc: Department of Public Works • - . , . , , .4-.,i:•-., • , .%,". • .... . . . . - , ••:`.••••••••2.- ••• ...... • •A' ' '- 7 •°2 '7 e•I' , 7•:i. .• eee'e: . e e . .e': •7 e7,./.1 '7:7••••P/2:,` ..•!'t'‘...? e= ra:••.I r•e; ••:;1•••='‘' ,,-;.,4--; :, , .., : i•-r • ., .;.: r:}.1+ ; ,\v, 2 ' ,x:: •,:l:7:- '''''' - •.:t .-:e !/. 11:•CT.Y3"i c5ctrfc 'fl-.' ' rr.i..`.." ,:''..; • . • .... , • RESOLUTION NO. 6784 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PIANS OF TRACT NO. 7801 AND TRACT NO. 7840 LOCATED ON JOLLYMAN LANE, DEVELOPER CHARLES T. MASTERS, ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUITON OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final maps of Tract No. 7801 and Tract No. 7840 located on Jollyman Lane showing certain avenues, drives, places, and roads by Charles T. Masters; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, arra 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 TT RESOLVED THAT a. Said final maps and improvement plans of Tract No. 7801 and Tract No. 7840, 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 maps. 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 3 day of March , 1986, by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers CITY CLERK MAYOR • V/N :SIM= NOISraDDCa tai 2HLYM •x • S&ao 001/ON QNY SNO AMNAASS =mom SNIN UMVSf20IHL maim ASHIHI 00'iL6'£E $ 3NOZ :533 )IUVd 'r mamma AS :HMI ,T.'amuS 'I SUYPIOO 00T/ON ONV SMI3 MUNCH 3N0 00'80i $ :MOD Misled UVHA ENO 'H SINT= 00T/ON CMV IH9I3 OSLiUNOH H32IIHL ON'dSrtHL xis 00'80C'9 $ :Ha/ SEVNIYMO H MIS '0 SHM00 00T/OH QNK 3AI3 AMMO MUNCH moo 00'944 S :IIS0330 sommiC ( SNaNdoIIAau '3 SHV IOO,001/ON ONV XIS.ASNHML MUNCH 3N0 • 00'93T $ 333 WITCO dvw •3 saVn'IOO 00T/ON CNV AIXIS MUNCH 3NIN 00'096 $ :s3SIZMCC1 ASLO IY3ZIIQNI 'O SaYnIOO 00T/ON ONV MUNCH 21(103 ON'dsrOHa xis 00'004'9 $ :333 NOISD3dSNI ON'd JNDD3FD '0 SaYPIOQ 00T/ON ONV ONVSROHS.S JII AIMS, maws 3N0 00'000'831$ :ONOH 'I'IESIV I CMV Men '8 SEYTI03 001/ON ONV ONVSfIDHs SHOIS ASNWML O'32A7Nf]H 3N0 00'000'831$ :OMR HDNVN4IO32L3d maim •V 3NYI NVHATIor :NOIIYJOI 521 I 'I s3IHVHO 048L '0N S.OVH1 CNV 'CUL 'ON aovat :IN3Id0IIAlO • SIISod3O my '5333 'ONOa 3o anis IAN mama • 48L9 'oN uotgniosdu J . • • {:. . TRACT AGREEMENT TRACT 7801 = JOLLYMAN LANE TRACT 7840 = JOLLYMAN LANE mech This AGREEMENT, made and entereed intouthis 3rd day of March , 19 86 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and CHARLES T. MASTERS , hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated as TRACTS 7801 and TRACT 7840 Cupertino California, hereinafter designated as the "TRACTS;" 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 tracts, KIRKEBY & ASSOCIATES , a true copy of which 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: COMBINED -- TRACT 7801 & TRACT 7840 SCHEDULE OF BONDS, FEES AND DEPOSITS PART A. Faithful Performance Bond: $128,000.00 ONE HUNDRED TWENTY EIGHT THOUSAND AND NO/100 DOLLARS PART B. Labor and Material Bond: $128,000.00 ONE HUNDRED TWENTY EIGHT THOUSAND AND N0/100 DOLLARS PART C. Checking and Inspection Fee: $ 6,400.00 SIX THOUSAND FOUR HUNDRED AND NO/100 DOLLARS PART D. Indirect City Expenses: $ 960.00 NINE HUNDRED SIXTY AND NO/100 DOLLARS • PART E. Map Filing Fee $ 126.00 ONE HUNDRED TWENTY SIX AND NO/100 DOLLARS PART F. Development Maintenance Deposit: $ 445.00 FOUR HUNDRED FOURTY FIVE AND NO/100 DOLLARS • PART G. Storm Drainage Fee: $ 6,308.00 SIX THOUSAND THREE HUNDRED.EIGHT AND NO/100 DOLLARS PART H . One Year Power Cost: $ 108.00 ONE HUNDRED EIGHT AND NO/100 DOLLARS PART I . Street Trees: BY DEVEOPER PART J . Park Fee: ZONE $ 33,971.00 THIRTY THREE THOUSAND NINE HUNDRED SEVENTY ONE AND NO/100 DOLLARS PART K. Water Main Extension Deposit: 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 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 • 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 band 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. Na 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 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 J, Page 3 herein. 12.a. PARK FEE ADJUSTMENT PROVISIONS The value of the land used in establishing the "Park Fee" outlined herein on Page. 2, Part J, requires formal confirmation. The City will employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" based on the appraisal. The Developer agrees to pay for any deficiency within thirty (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 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. PAGE 6 • , ' 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. 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. • • PAGE 7 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Wokk 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 $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies- shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10 ) days advance notice thereof. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 22. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated September 9, 1977. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at PART K, Page 3, shall be the full amount due. PAGE 8 State of California County of On this the tatday of V'e.bcu at 19 6, before me, t-kaArke. SO- r%CV % C the uderslgned N tary Public;person ly,appeargd� e_s "�_ o.C� Lo rC personally'known to me ❑ proved to me'on the basisof satisfactory evidence to be the person$whose'name(1).: _ VS subscribed to the within Instrument,and acknowledged that 'heirexecuted it.. WIT S hand and official e Notary's Signature Truslas Secuuly Service..1623 Painter$ve Wnlllier CA 90602 -- - 6261"/'6nNistuldv3 tim?7 RW r AINnO0VMNOVINVS4 I nyy�,,Y'• - S V NtlOdfY3•OtThIld AHYAON !itzzd H3IAONVS 3NIV13W • 'YESnv�3> O ,2'3. HAPS 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. 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: , 5 / 0 - ' j/ In: or: 4001 _did Is, y / _,./.c4./ ir>, , /- . t y • /-orney icy er DEVELOPER: Notary Acknowledgment Required. By: 1 OFFICIAL SEAL ' l_ "►�1 ELMNESANOVICH is. NOTARY PUBUG CALIFORNIA i •,">iP •ti . SANTACLARACOUNT' Page 9 My Comm Exp res Aug..7 1989 .�.v- w-.. .. , a w..v