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86-127 Richard Guzman, Improvement Agreement, Ahlstrom Project - Stelling Rd I . Ohl of Cupertino 10300 Torre Avenue P.O.Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK June 25, 1986 Richard Guzman, Developer 901 W. Cardinal Sunnyvale, CA 94087 We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Richard Guzman, Developer has been fully executed by City Officials, along with one (1) Dopy of Resolution No. 6875, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, June 16, 1986. Sincerely, • i DOROTHY OORNELTUS CITY CIERK CITY OF CUPEt7T'INO DC/so encl. cc: Department of Public Works • N •i , A.\` RETURN TO CITY • '1�`V OF CUPERTINO • 10300 TORRE AVE, 8911800" CUPERTINO, CA 95014 J 813 PAGE 112 NO FEE IN ACCORDANCE AGREEMENT - V ' WITH 60V CODE 6103 STELLING ROAD This p,GREEI' made and entered into this 16th • day • of June , 19 8E , by and between the CITY OF CJPERTINO, a municipal corporation of the State of California, hereinafter designated as CI'P4, and MR. RICHARD GUZMANw CI,AUDIA GUZMAN, JOHN ARLSTROM, AND JANICE AHLSTROM hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for A PARCEL MAP AND A BUILDING PERMIT to Construct and maintain SINGLE FAMILY LOTS hereinafter referred to as "Project." SEAS, the CITY hereby agrees to permit DEFERENT of the required development improvements in accordance with the provisions of this AGREEMENT; and; WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement plans and specifications at such'time as they may be required by the City L Engineer or as provided herein arra; WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be preparred;'.'and WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with conditions of development approval; and • Page 1 J 813PAGEI12I DH 8911800 N R U N D �I C n 2 U U rr, • 0 `: J rn : r�� ya p O J.813 PAGE i120 • qtr t_ J 813FAGE1122 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Improvement Category - N/A PAPUA. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: Deferred PART C. Checking and Inspection Fee: Deferred PART D. Indirect City Expenses: Deferred PART E. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: PAID PART G. One Year Power Cost: Deferred PART H. Street Trees: By Developer • PART I. Map Chedking Fee: Deferred PART J. Park Fee: Deferred PART K. Water Main & tension Deposit: N/A PART L. Maps aid/or Improvement Plans: Deferred Page 2 • J813PAGE1123 NOW, THEREFORE, IT IS HEREBY NJJILJALLY AGREED by and between the parties hereto as follows, 10 WIT: DEDICATION The DEVELOPER offers to dedicate the real property shown on a •. sit "A", which is attached hereto and made a part hereof by reference. Sa • dedicated property shall be free and clear of all liens encumbrances - --. those which the CITY shall waive in writing e DEVELOPER agrees • to revoke said offer of dedication, and to ; -p said offer open until th- CITY accepts offer by resolution. deliver a B. Upon •. ion of this AGREEMENT the E A74 •PER agrees to properly ex- 6 grant deed to the CITY - the real property described in Exhibit "A and such other conveyances, or instruments necessary to co • e clear title . herein required. The DEVELOPER shall provide, at the " ' .PER'S - • e cost and expense, to the City: (1) A preliminary title '•.rt issued by a title insurance company relating to the .• ..- .ffered for dedication. (2) A standard •• cy of title h = - issued by a title insurance and insuring the « the sum of: N/A and which sh- show said property free -••. clear of all liens or - I • . except those as the CITY - .. expressly waive in writinxg• ..id policy shall be furnished at - time of acceptance of d=:. cation and recordation of deed. Upon the condition precedent that the s •PER shall perf. each and every covenant and condition of this - er ' I7 the CITY a•• _-- to accept said real property offered for dedication. 2. INSM Ia'ION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans specifications, standards, sizes, lines, and grades approved by the Cit;" Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. Page 3 • J 813PAGE1124 • 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 whereapplicable. 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 arra the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY arri/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflictin portions. 3. EXCAVATIONPERMIT 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 =mem shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QLTTICLAIM DBD It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute ' a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. writs AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVEIIOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AG m4ENT. 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 AGREEh . 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 fill 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 AMEE+IQTI', or to make any payment, or any dedication of lard, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indeniify the CITY for the DEVELOPER'S failure to so do. Page 4 J 813PA6E1125 • 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 Seting 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 AGREED, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said gain,rity 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 an any security deposited with the CITY. 6. C€CC NG 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 id connection with said Project, athat DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 7A. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AaEEMENT, 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) . • Page 5 9 abed •uFazag Z abed '2 lied zapun Paleindnls raglan; sT goT4M Pee 'ZL6T 'Z09 zaquutM „eoueuFpzO uoBIEQTP&Q Xzed„ eTg4Tm Parinbaz sT se 'u°Tlnoaxa of aoTad 'AMID eta of PueT tons ne TPaP zo/pue sae; gone Aed TT is 2IIdOIIA38 eta 4E44 paazbe satilztg sT ;i • SSSS Mi3Yd •ZT 'lSfl PattOadde A4TO eta uzaz3 PagoaTas act TTMls eaal 3o AlaTzeA 'oupiedno 3o Agra ata ;o spzepttels ata taTM eoueuuo;uao tUT seat; ;sails weld saaauTbus. A4TO eta Ag agepzdazdde peueap se surf; Mons le 'TTMis 1320a13Aza aq . ley; Peale zag}znj sT ;i snai =MS 30 NOIUTIISSNI SELL 'TT •zeal auo so; s44BTI ;earls z0; ;sop leMod alp sluesazdaz *mane tpptpt ' CO lied) Z abed lE ufazaq quo; ;es se lutxaue eq. elmmoray spa 3o uopltuaxe of zopzd z.m/0 o; Aed nags Nad0ISA3a ata lets peazbe sawn; ET ;i JSN liaaOd max SNO 'OT (Z abed 'X Siiwd) ueid aaqsew zaleM Pe doPe ag; uTg4TM Pa rTTlno aquameA01a"f zo sn[zoM °FTind jo aolmaaTa eta Aq Paumno squaw/made! wasaTdaT o pepeau are saFuau PTes TPU MID eta Ag Meg eq TRAP ;FsodeP BMs 'LL/OE/6 MEP „s;Tsodap pue VOX su°FsualXa WEN zaleM uo AOTTRiu t44M ATdutoo 03 perFnbaz saTuan esotp MID ata 'PTA 1Fsodep of saazbe zataxtu mamma ag,L fl 33Q l ISN3SJQ NIZI EELIVM '86 ' (3 lied) Z abed ;e [gang two; ;es se lunge eta uF 'LL6T 'TZ gozeN 'Mt uoflnTosau uT patsTigelse s;uautarrnbaz eta tilFM eouepzooae uT l0acozd PTes t TM uoflOauuoo uT abze p ebasFexp utz0;s a IMMOSHOlf sTgl 3o. uopinoexe of zoTzd 'icno eg3 gaps 4Tsodep TTegs uad0IIA30 eta lea paazbe zatazn; sT ;i 333 3JVNIY&J NlLQIS •Y6 •spuoci lu durF eta jo eseetex eta rat;e patunlaz sq TTFM =mpg peenun eq; 'AMID eta 3o uopae;sF;es aaplua ata of s11edaz pa-Tithes eta eleiduton mocnsASQ ata Pings 'AMID eta Aq spuoq qu-asnazduF eql 3o eseaiaz spun pOT eta buFznp 41014 Wes uT buTzeadde sieTzalEut .zo/pue dFgsueu ioet Alms; of enp zo ;o lin buTsile suopoejszadaT pue s;oe;ep ;o slledaz z0; pezfTFln eq Aeut ;Tsodap eoueue;uTeut ;uaurdoia^ap agL 'popzad uoTlotulsuoo ata buwtc buFueaio pue Toz;uo0 ;snp aedazd aznsuF of ;Fsodap eoueuawTeut ltrandoTansp v se (a lied) ed ;e tgazaq two; les lunoute at; 'JI JY sig} 3o uopnoexe of zo F ALIO ata o; Aed Tiegs 2II1oIIASS agl lea peezbe astral; sT ;i ',mono SJNYDIIJ1IIVJZ izciaa'IIAau '8 • . • J S13PAGE112 •13. • MAINTENANCE OF WORK - It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with, CITY, upon execution of this AGREM1ENT, 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 saidsanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. GOVERNMENT COTE - It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493., Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREE E WT 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. 5n<r c;f LICHIIrING • 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 ELE RIC/PACIFIC BELS, It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Bell 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 urdergrouudinxg 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 Bell that said fees are due and payable. Page 7 8 abed '000'00n ue n. east you 3o ;Tu Fi agefazb5e ue tt}TM souazzrcoo euo Aue ;o gun000e uo 000'05$ 'thump Agzedoad 'moo tpee 000'00£$ !uoszed tpee 000'00'$ 'AzncuT ATTpoq aoa :sounome mnmprr@ buTMotto3 au} uT ebeaanoa eprnozd TTegs ROURITISLIT ;o sepTtod PTEs ;o tps2 ni. 'Atuo eoueansuT ssewce Bq netts saueznsuT aegtao ;vqq. 'sap-Rod = AoTtod pies Aq paza[wo ssoT Ott. ;surd= saueznsuT =too eamt 'AteATgoatioo pue ATTenpTATPuT 'AMID eta ;o soeAotduze pue 'sguebe 'saaoT33o Ott} Pue 'AZeATgoeTToa pue ATTsnPTATPuT TF C A;TO stn. ;o saaqutaut soT 'Ao.TO stt} 3T pue 'suonezepep sq; uT pa-42.4s AgTTTg T1 3o ;pari tin; stn. 04abent oo AzerTad eq netts Agazett} PsP2033e effeas co Ott} gest} OPTiO4d Betts saToTtod ao AoTtod Piss Pue isFseq aarazatnoo ue uo eq ;sum eoueansuT abeuu?p Agzadozd pue AzncuT ATTPoq Mug Wan=oIIALTQ PFeS 30 3Tsgaq uo ao 'ao; 'Aq pauzogzed 'room att} Tie buTzanoo stenprATPrF Pie '- ;emu burobeao; ate} og abeaanoa ebetzep Agzadozd pue AancuT ATTPoq sPTxd net s AoTtod a ezedes Pias 'peansuT se 'AieATgaoitoo Pue AITsTPTATPuF A440 sttg ;o saeAotdme pue sguebe 's-TeoT33o Ott; pue 'ATOATgoOTToo pue ATTenPTATPUT 'ouTgzadn 3o A-}T0 eta 3o TTounaa AgTO Ott} ;o szaqutaa pue AMID Ott} buiuteu soueznsuz ;o AoTTod a 'aep ine.eti suop eq co pazrobal ao .a0; psiTeo xoom att} ;o aaueuaguTsut pue aout¢zooaed att} fcpnp sawn Tie ge ure-}ursut pue 'ono rite; co. XaoM Ott} utzo3oad coo pabebue aopezguoo Aue attnbea TWITS ao 'ono axe; news HadOIIl13Q sqL :gem. paeabe amain; sT ;i 3'JIADMISHI ''t 'szooasa}uto guspusdep i pue saaActdma 's3uabe s1 zacia as Ott} 20 2i3dQfl Ott; ;o qpnPucosTst isJIITM 10 eCUthTTbau Ott} ao xao1 att} ;o eoueutzo;zaduou ao eoueszo;sad att} ;o gin buTsTze zanaosgeup ARM Aue uT ao Aq PeuoTssa00 ';oareq; mfew ao 'AITTTgeTT 20 eftemep 'esue&ce 'gsoa 'ssoT Tie ao Aue gstrFebe pue ; AMID Ott; Pus3HP Pue ssatutzeq PIN 'AfT F TTsgs ?Marn= att} '3t1OM Ott} ;0 ea euagtrfeut Ott} ;o uoT;OidWoo att} ITgun buTnurpuoo pue ao'40eaguoa sTq a0 B OIIASQ stn 114 4,20M att} ;o souei¢zooaed Ott} tt}TM burousu m o 'gait; paazbe - att}zng sT gI SS!)WEYH CIOH '0Z •ouTazadtD 3o ASTO att} toTM peoTsodep eq TTegs arptsa Aent ASSO atig se s}uncne OTgeuoseaa tions uT s4s00 TelusPTotrF a9140 Pus 'arczssuTfus 's}soo pue see; TebeT =03 pazTnbea eq Armse suns tions ogasatt; uoTlTPPe uT geg4 PsPTAozd raglan; sT gI "Aue ;T 'sebemep SOUEZOAOS ao; aaueROtte atgeuoseaz a ag new S mns PTS uT PBPnTORT eq og pue uasieg eq og. pesodoad puet ett} ;o anteA gssiaem aTgeuoseaz eg; bu'Faanoo 1s e AMID taTM ;Ts0dep Tiegs 2iSaanan Ott} gait} 'Aar-;o-fTa pue gus®see. PTEs buTatoas ;o esodznd Ott} ao; 7CTT1 att} Aq pazTttbat sae sbuTreeooad u ew0p gueuTuta guano ettg uT gtttg 'aanamoq 'papTnoad sT gI 'asuedxa pue ;sop umo sTg gs 2IIdcmt1au att} Aq parTntoe eq Tiegs ocecoza sq; ;0 uoTgaidmoo ao; Azesseosu Aert-go-gttbta pue quau esee Aue gvg} pseabe sworn; sT 3I A M-30-11DIa GM? SInrauErSVS '61 SrTMdEIs (' • J 813PABE1129 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. 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 (13) prints of fully executed parcel maps. B. A mylar sepia and ten '(11) prints of fully executed improvement plans. C. 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 shed within one month following recordation at the County of Santa Clara. • It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23. DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six (6) months notice from the CITY, in which event the Work must be cctipleted within one (1) year thereafter, or in the absence of such notification, no later than five (5) years and six (6) months from the date of this AGREEMENT, the following improvements: ANY.AND ALL STREET IMPROVEMENTS ALONG STELLING ROAD AS MAY BE REQUIRED BY THE DIRECTOR OF PUBLIC WORKS. • Page 9 • JS13PAc 1130 ' Until such notification is made by CITY, or such time has elapsed, Sections numbered are hereby deferred. The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. 24. SUC MSORS - RUNWITH IAND - A.P.N. This AGREEMENT shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and understood that this AGREEMENT shall be filed for record in the Office of the County Recorder of the County of Santa Clara, State of California and that the covenants in this AGREEMENT shall run with the land, a description of which is contained in Exhibit B, which is attached hereto and made a part hereof by reference, and is for the benefit of the other lands in the City of Cupertino. IN WTLNESS 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 CUPERZ : Approved as to form: +- -�,/Ci` '±_i,:?, j.,t. , CI i la; ( "� City Attorney C G ty;Cler,r ;/•y#—J DEVELOPER: v. . L ., 1 4. .�... . MP, e -_,...: APP . /j All signatures require notary acknowledgment. Exhibits/and B Attached , (Rev.3-1986) Page 10 STATE OF CALIFORNIA, , 1 SANTA CLARA ( 1813 PAGE 1131 County of On, before JUNE 16; 1986 befereme the undersigned allotary Public mood *********** JOHN AHLSTROM AND JANICE AHLSTROM*********** /on said County and State personally appeared *************k**********nti****kir** *********-k** personally known to me or proved to me on the basis of satisfactory evidence to be the person S whose names are subscribed to the •t' within instrument and acknowledged that they executed the same. WITNESS my hand and Of bola!Se 4. DORIS ADAMOf� • NOTARY PUBLIC-GALIFORN'�I Notary Public t s4 f' SANTA CLARA COUNTY Adamo AC KN OWL EDGMENT-GE., • f•' / My Commission Ekpies Sepf13'1988 VTC-126 +gym T _ STATE OF CALIFORNIA, County of SANTA CLARA • On JUNE 13, 1986beforeme the undersigned allorary Public in and for said County and State personally appeared ****** CLAUDIA GUZMAN************ • personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name }5 n subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and Official Seal. '�r . .e:� I DORIS ADAMO NI _ - NOTARY PUBLIC-CALIFORNIA Notary Public SANTA CLARA COUNTY oris Adamo ACKNOWLEDGMENT-GENERAL My Commission Expires Sep1.13J98989 VTC-126 wv a,_ I. STATE OF CALIFORNIA, • SANTA CLARA }55. County of • On JUNE 10, 1986 before me the undersigned a Notary Public in and for GUZMAN***************** said County and State personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name i S subscribed to the he within instrument and acknowledged that executed the same. WITNESS my hand and Official Seal. N . ADAMO NOTARY PUBLIC-CALIFORNIA. DORIS SANTA CLARA COUNTYO is Adamo Notary Public My Commission Expires Sept.13.1989ACKNOWLEDGMENT-GE,-. VTC-126 • • . . J 813P46E113 EXHIBIT s All of that certain property situated in the City of Cupertino, State of California as more particularly described in the following: Parcel No. 1 as said parcel is fully described on the certain parcel map filed for reco;d in Book 561 , on Pages 43,44 . Santa Clara county Recorder July 2 1986. • J S13PAGE1133 RESOLUTION NO. 6875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL, NAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED ON STELLING ROAD AND ORLINE COURT; DEVELOPER, RICHARD GUZMAN; AUTHORIZING EXECUTION OF STANDARD IMPROVEMENT AGREEMENT; DEFERRED AGREEMENT; AUTHORIZING SIGNING OF PARS, MAP AND IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located on Stelling Road and Orline Court by Richard Guzman; and - WHEREAS, there has been presented to the City Council a proposed standard improvement agreement and a deferred improvement agreement for the construction of streets, curbs, and gutters, and for other • improvements, and good and sufficient bonds (letter of credit) , fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, - agreement and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street araac and all o cements are hereby accepted. • c. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. • f. The deferred agreement shall be recorded with the County Recorder. THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS A.TRIJE AND CORRECT COPY OF THE ORIGINAL DN FILE IN THIS OFFICE. ATTEST • 19et, CITY C •F HE CITY • r- RTINO. • • C/r CLERK • • J 813PAGEd 1 a A RESOLUTION NO. 6875 PASSED AND ADOriEll at a regular meeting of the City Council of the City of Cupertino this TF,rh day of Time , 1986 by the, following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ASSENT: None ABSTAIN: None • APPROVED: /s/ Barbara A. Rogers Mayor, City of Cupertino • ATTEST: • • • /s/ Dorothy Cornelius City Clerk .. , ' . 3813PAGEil35 RESOLUTION NO. 6875 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single-family subdivision Richard Guzman LOCATION: Orline Court A. Faithful Performance Bond: $ 9,000.00 Nine Thousand and no/100 Dollars B. Labor and Material Bond: $ 9,000.00 Nine Thousand and no/100 Dollars C. Checking and inspection Fee: $ 540.00 Five Hundred Forty and no/100 D. Indirect City Expenses: $ 81.00 Eighty-one and no/100 Dollars E. Development Maintenance Deposit: $ 1,000.00 One Thousand and no/100 Dollars F. Storm Drainage Fee: " $ 976.00 Nine Hundred Seventy-six and no/100 Dollars G. One Year Power Cost: N/A H. Street Trees: By developer I. Map Checking Fee: $ 106.00 One hundred six and no/100 Dollars J. Park Fee: $11,340.00 Eleven Thousand Three Hundred Forty and no/100 Dollars K. Water Main Extension Deposit N/A L. Maps and/or Improvement Plans: e• • RESOLUTION NO. 6875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PAROL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED ON • STETTING ROAD AND ORLINE COURT; DEVEIAPER, RICHARD GUZMAN; AUTHORIZING E}EQJTION OF STANDARD IMPROVEMENT AGREEMENT; DEFERRED AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PIANS WHEREAS, there has been presented to the City Council for approval of the parcel map aid improvement plans of property located on Stelling Road and Orline Court by Richard Guzman; arra WHEREAS, there has been presented to the City Council a proposed standard, improvement agreement and a deferred improvement agreement for the construction of streets, curbs, and gutters, and for other improvements, and good arra sufficient bonds (letter of credit) , fees, and deposits as set forth in Esdvbit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all easements are hereby accepted. c. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and The City Clerk are hereby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. f. The deferred agreement shall be recorded with the County • Recorder. RESOLUTION NO. 6875 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this TF,Th day of Tnne , 1986 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Barbara A. Rogers Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk 111 RESOLUTION NO. 6875 ENED3IT "A" SCHEME OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single-family subdivision Richard Guzman LOCATION: Orline Court A. Faithful Performance Bond: $ 9,000.00 Nine Thousand and no/100 Dollars B. Labor and Material Bond: $ 9,000.00 Nine Thousand and no/100 Dollars C. Checking and inspection Fee: $ 540.00 Five Hundred Forty and no/100 D. Indirect City Expense's: $ 81.00 Eighty-one and no/100 Dollars E. Development Maintenance Deposit: $ 1,000.00 One Thousand and no/100 Dollars F. Storm Drainage Fee: $ 976.00 Nine Hundred Seventy-six and no/100 Dollars G. One Year Power Cost: N/A H. Street Trees: By developer I. Map Checking Fee: $ 106.00 One hundred six and no/100 Dollars J. Park Fee: $11,340.00 Eleven Thousand Three Hundred Forty and no/100 Dollars K. Water Main Extension Deposit N/A L. Maps and/or Improvement Plans: AGREEMENT • ORLINE COURT This AGREENT made and entered into this 16th day of June , 19 86 , by and between the CITY OF CJPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and MR. RICHARD GUZMAN hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a A PARCEL MAP AND A BUILDING PERMIT to construct and maintain a SINGLE FAMILY SUBDIVISION • hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by 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." 1 i WfEBEAS, 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 Street Improvement Category: PART A. Faithful Performance Band: $ 9,000.00 NINE THOUSAND AND NO/100 DOLLARS PART B. Labor and Material Bowl: $ 9,000.00 NINE THOUSAND AND NO/100 DOLLARS PART C. Checking and Inspection Fee: $ 540.00 FIVE HUNDRED FORTY AND NO/100 DOLLARS PART D. Indirect City Expenses: $ 81.00 EIGHTY ONE AND N0/100 DOLLARS PART E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND N0/100 DOLLARS PART F. Storm Drainage Fee: $ 976.00 NINE HUNDRED SEVENTY SIX AND N0/100 DOLLARS PART G. One Year Power Cost: N/A PART E. Street Trees: By Developer PART I. Map CY:edking Fee: $ 106.00 ONE HUNDRED SIX AND NO/100 DOLLARS PART J. Park Fee: $11,340.00 ELEVEN THOUSAND THREE HUNDRED FORTY AND NO/100 DOLLARS PART K. Water Main Extension Deposit: N/A PART L. Naps .and/or Eagprovement Plans: 2 • NM, THEREFORE, IT IS HERESY NMUALLY AGREED by and between the parties hereto as follows, TO WIT: . DEDICATION The DEVELOPER offers to dedicate the real property shown on Exhibit "A which is attached hereto and made a part hereof by reference. Said dedica- _• _property shall be free and clear of all liens or encumbrances those which the CITY shall waive in writing. The DEVELOPER agrees • to revoke said offer of dedication, and to keep said offer open until the w accepts offer by resolution. B. Upon on of this AGREEMENT the DEVEIAPER agrees to • deliver a properly - _: grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to -- -' clear title as herein rers»*-ed. The DEVELOPER shall provide, at the 431 *PER'S sole cost and expense, to the City: (1) A preliminary title issued by a title insurance company relating to the property - -fered for dedication. (2) A standard policy of. title ' - - issued by a title insurance company and insuring the CITY the sum of: N/A, and which shall shag said property free and - ear of all liens or encumbrances except those as the CITY shag expressly waive in writing; said policy shall be furnished at the of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the i MnO•r• shall perform each and every covenant and condition of this AGREES NT, - CITY agrees to accept said real property offered for dedication. 2. INSTMLAT 'ON 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 j event the DEVETAPER 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 carpletes the Work, the CITY nay recover any and all costs incurred thereby from the DEVELOPER or the DEVE LOPE R'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City " Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or Workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. 3 • 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 R blic Works" is mentioned, it shall be considered as referring to the City ESngineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EDCAVATION FERMI' 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 cammmxement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER SECURITY A. Upon the execution of this AC NT, 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 AGREDVDC, 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 in ernify the CITY for the DEVELOPERS failure to so do. 4 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 instmm�nt of credit meeting the requirements rements of GOverrment 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 lard, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety both, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6. CHECEINGAND 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, aril that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT E7ISFS It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this MOMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 8. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this ACOSEVENT, 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) . 5 9 • 'utaaau z abed 'r gad =Pun regerOdTps aaug2n3 sT tPTuM Pue 'ZL6T 'ZO9 aaquml4 is IEuTPZO uorleoTpaa )[zedu uIg41M Peaptea ST Se 'uorgnoaxa 0g aoTad 'WSJ egg. 04 PueT Kone egeoTPeP ao/pue sea; tens Led 'netts ma= egg 3t4 peeabe ragging sF 41 5333 )1 Vd 'tit '1stT peeozdde AID egg mz3 pagOaTes eq wigs arae 3o dgeTaEA .OupgSedbo 3o AgTJ egg 3o a pxe'xxe s eq g4TM aoueuraO;u00 uT Grad geeags luetd 'aeaurbtII AgTO egg Eq eat adnzdde Pauzaep se act; tens We 'fEgs 2II= atm leg; pseaBe amtgrg st gI SEM =US 30 NO= EEL 'ET •aneA MO ao; sgu6Tt hazes •w; gso0 aaMod an swam-Idea ltmoaze tprgnz ' (e lard) Z abed ;e uteaeq tpzo; gas se gun= egg. 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Pincus 'WSJ egg Eq Sp taq tuaamnnzdurF egg ;o eseetax -rpm pored an buTannp Nam PIES uT fctivedde sTepewz a0/Pue dTtisuem[aom Agrne; .og eta zo 3o gm fags-cap Suorgoa;aecbnl pie sloe;ep ;o saTedaz ao; PazltTgn eq Aeon gTsodep eoueuegtzrnaz guaticloTeAeP 04L •poraad tmlgmugs zoo egg btzranp burueeto Pue Toaluoo ;sup aadoad aznsul 0g WTsodap aoueuegurea guaeotanap e se (3 ;zed) z abed ;e ulazati tgzo; les gtzcnme an 'Jt d eTg4 ;o uopg1-083ra 04 aolad 'ASID egg 03 Led TTEgs EadaIatal egg 1£114 Peeabe aegpm3 erg" • J+ISOcIIU EMU:1 C%( 1110143OIInSII '6 . • • s S • 15. MAINPEL ONCE OF FORK Itis further agreed that the DEVELOPER shall maintain the Work until all deficiencies in'the Work are corrected to conform to the Plans and the City standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty worlcnanship and/or materials appearing in said Work. 16. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter fry 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 15 above has been filed. 17. GOVERNMENT CODE - It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Goverment Code, pertaining to special assessments or bonds, have been complied with. 18. CEIfTRAL 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 imatallation and five (5) year rental fee of said hydrants. 19. PACIFIC GAS AND ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company ardor to PACIFIC BELS, 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 BELL Ccmgpany that said fees are due and payable. • 7 8 •ATuo eoueanstrr ssaoxa sag news aoueanstrT aatpo geq} 'seToTTod ao AoTTod pies Aq was= ssoT a ;sure& aoueattsuT astqco a eq 'ATaATgDaTioo Pue ATTenpTATPuT 'ALIO stn. 3o saaAoTdma pue • 's;uebe 'saaoT33o atiq Pue 'AiaAIPmiToo pue ATtenpT4TP rr TTotttno A;TO at 3o saayuram 94T 'Agro art} 3T Pue 'suomexei '0P ata uT Pagfs An-MU 3o ;WTI ung at; o3 abraanoo Axemprd eq new Agazaq . paPxo33e abezaAoo aq} qet;} SPTAoad Ttetis esToTtod ao AoTtod pres pue isTseq aouaxatnoo ue uo eq gsnm aoueznsur abemep Agzadozd we AznctrF ATTpoq t;}og •tIIdQIIA23 pies 30 ; egaq uo ao 'am; 'Aq pamaowsad XaoM atlq Tie buiaanoo sLeLtTATpur pue ALSO pemeu &rrobazog at oq abezanoo ebemep Agzedoad pue Aanfur Ai Poq apTAoad itis AoTTod egeaedes pies •paznsuT se 'ATenTgoaTToo pue AL LetVTATPuI A4T3 eta 3o saeAoidara pue sguebe 'szaoT33o atn Pue 'AiaATgoaTToo Pue ATTenPTATPuT 'ouTgzadra 3o AqTO eta 30 TFC AqTo eta 3o szagmam pue ALSO sq.; buEmeu eoueznsuT 3o AoTtod a 'asptutaaeq auop eq og parFnbea ao ao3 Paiteo xaoM atT} 3o aoueuaquTem pue aouemao zad aq} buTanp saw; iTt' qe urequrew pue 'qno ale; og von sq; tttzooaad oq pebebua aoweaguoo Aue azmbax Trews ao 'gm axe; liege IMIC IIA3Q atg :;eqq Paea5e amain; sT qI MIZAInsia 'ZZ •szoqzgaquoo quapuadapuT we saercidua 'squebe SiEIIdOIIA3Q atT} ao mamma eq4 30 4ot1PtcoSTIU TtBiTTM ao eaa5Ttbau aq ao N OM aqq ;o eouemzojaaduou ao aouemzooaad agq. 3o qno fursrae aanaos}etlnt Aw t Aue TIT ao Aq pauoTsenoo '3oeae7.14 mrvTO ao 'A TTIgeTT so abeatep 'esuadxa 'gsoo 'ssoT Tie ao Atte gsuFebe pue1I�ttMS; M.IO atiq pua3ap Ptte ssat�eq prow 'AjTumapuT news EadOII ,AZI eq 'X40M am. 3o aoueusgtt'rem atp ;o uopgeTdmoo at . r prat arra:flu= pue aogoezquoo sits ao tIIaO73Asn at Aq xaoM at4 3o aouemzopaad atm t;}TM buTouect0 ';tom Paeabe n; BT ;i SS?IIHI QIOfi 'It •oupzedro 3o AgTO at; qqTmrecvpscdap eq Trews azrnbaz Arm map at;; se sgtanme aTge ioseaz tens uT sgsoo TequapTouT aeggo pue seardeuTbua 'swop we sae; nb tenet ao3 psiFaa eq Atm se sans tons 'ogaaagq. uOTgTPPe UT ;eq.; papTAosd astna g sF gI •Aue 3T 'sabemep aoueaanas ao3 aouemoTTe eTgeuoseaz a eq netts tats PTS uT paPttiouT aq oq pue ua)q eq oq pesodoxd puet sta 3o entea •gaslsem. eTgeuoseaz 81 14 ftzpaAoo tuns e ALSO tigTM tTsodaP netts 113301HAZI eta qeq; 'Aa-3o-gg5Ta pue qunsee pies btiptuas ;o esodznd std ao3 ASSJ atm Aq paaTtffiax axe sburpeaooaad uFemop quaurma gtrana sq; uT ;egg. 'aaaarotl 'pappicad sF qI •esuedxa pue ;sop uMo sTq qe MUM=n at;} Aq parTeboe eq netts goad a44 3o uopeTd»o ao3 Azessaoeu Aem-go-g;STa pue guamasea Aue ;eq} paazbe atLqztg sE ;i Es21-30-SHEali atw SINEES Zi at • 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 oc urrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City E ggineer 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. 23. MAPS AND/OR ItEROVEMIENT PLANS • It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia arra seven (13) prints of fully executed parcel map. B. A mylar sepia and ten (11) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed ice* ^t plans aryl map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans aril map required under Item 23. 24. syamS,SORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. •• 9 STATE OF CALIFORNIA, z County of SANTA CLARA ::. • on JUNE 10, before me 1986the undersigned a Notary Public in and for GUZMAN***************** said County and State personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name i S subscribed to the `i he 'within instrument and acknowledged that executed the same. WITNESS my hand and Official Seal. DORISADAMO �F �� - J.� 1 NOTARY PUBLIC-CALIFORNIA i ]S Adamo Notary Public SANTA CLARA COUNTY ACKNOWLEDGMENT-G N�' el My Commission Expires sept 73.1989 VTC-126 / IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereCmto 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: 4,447 /--, twit •'yor • A •rneyitatS a / « erk DEVELOPER: Autruaw Notary Ac3mo:vledrgoent Required Exhibit A Attached '' 10 (Rev. 5/9/86)