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86-172 Ubaldo C. Perez, Reynaldo P. Perez & Carmen C. Perez, Improvement Agreement, Stevens Creek Blvd. / Prado Vista Drive :it - Citt1 of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK January 10, 1990 Ubaldo Perez 1087 November Drive Cupertino, CA 95014 We are enclosing to you for your files one (1) copy of the Agreement by • and between the City of Cupertino and Ubaldo Perez, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 8001 which was enacted by the City Council of the City of Cupertino, at their regular meeting of Tuesday, January 2, 1990. Sinncerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works RESOLUTION NO. 8001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPER INO APPROVING FILL PIAN FOR THE :IIT OF FRONTAGE LOCATED 22619 AND 22629 STEVENS CREEK BOULEVARD, DEVELOPER, UBALDO C. PEREZ, REYNAIDO P. PEREZ AND CARMEN C. PEREZ, AUTHORIZING TFC. CITY ENGINEER TO SIGN THE FINAL PLAN; AND AUTHORIZING EXECUTION OF AGREEMENT IN BION THEREWITH WHEREAS, there has been presented to the City Council for approval of the final plan for the improvement of street frontage located at 22619 and 22629 Stevens Creek Boulevard by Ubaldo C. Perez, Reynaldo P. Perez and Carmen C. Perez; and WHEREAS, there has been presented to the City Council a proposed agreement for the constriction of curbs, gutters, sidewalks, 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 plan, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that said final plan for the improvement of street frontage at 22619 and 22629 Stevens Creek Boulevard be and the same is, hereby, approved; and the City Engineer is hereby authorized to sign said final plan; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of January , 1990, by the following vote: Vote Members of the City Council AYES: Goldman, Koppel, Sorensen, Szabo, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino r RFSOIITTION NO. 8001 EXHIBIT "An SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: SINGLE-FAMILYDWELLINGS UBALDO C. PEREZ, REYNALDO P. PEREZ AND CARMEN C. PEREZ LOCATION: 22619 AND 22629 STEVENS CREEK BOULEVARD A. Faithful Performance Bond: $19,000.00 NINETEEN THOUSAND AND 00/00 DOLLARS B. Labor and Material Bond: $19,000.00 NINETEEN THOUSAND AND 00/00 DOLLARS C. Checking and Inspection Fee: $ 890.00 EIGHT HUNDRED NINETY AND 00/00 DOLLARS D. Indirect City Expenses: $ 134.00 ONE HUNDRED THIRTY FOUR AND 00/00 DOLLARS E. Development Maintenance Deposit: $ 500.00 FIVE HUNDRED AND 00/00 DOLLARS F. Storm Drainage Fee: $ 311.00 THREE HUNDRED ELEVEN AND 00/00 DOLLARS G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: N/A K. Water Main Replacement: $ 2,775.00 TWO THOUSAND SEVEN HUNDRED SEVENTY-FIVE AND 00/00 DOLLARS L. Maps and/or Improvement Plans: As specified in Item 23 of agreement AGREEMENT • 22619 & 22629 STEVENS CREEK BLVD. APN 11342-12-94 & 95 This AGREEMENT made and entered into this o2 -s- day of // , 19 %o , by and between the CPPV OF CUPEPTIN0, a municipal corporation of the State of California, hereinafter designated as CITY, and UBALDO C. PEREZ, REYNALDO P. PEREZ & CARMEN C. PEREZ hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a BUILDING'PERMIT. to construct and maintain SINGLE FAMILY DWELLINGS hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by E.J. NARAMIAN ria 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, THERE, 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." FILE: 51,677.01 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 Street Improvement Category: PART A. Faithful Performance Bond: NINETEEN THOUSAND DOLLARS AND NO/100 $19,000.00 PART B. Labor and Material Bond: NINETEEN THOUSAND DOLLARS AND NO/100 $19,000.00 PART C. Chedking and Inspection Fee: EIGHT HUNDRED NINETY DOLLARS AND NO/100 $ 890.00 PART D. Indirect City Expenses: ONE HUNDRED THIRTY FOUR DOLLARS AND NO/100 $ 134.00 PART E. Development Maintenance Deposit: FIVE HUNDRED DOLLARS AND NO/100 $ 500.00 PART F. Storm Drainage Fee: THREE HUNDRED ELEVEN DOLLARS AND NO/100 $ 311.00 PART G. One Year Power Cost: N/A PART H. Street Trees: By Developer PART I. Map Checking Fee: N/A PART J. Park Fee: N/A PART K. Water Main Reimbursement TWO THOUSAND SEVEN HUNDRED SEVENTY FIVE DOLLARS AND NO/100 $ 2,775.00 PART L. Maps and/or Improvement Plans: As Specified in Item 23. 2 NOW, THEREFORE, TT IS HEREBY MUIUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication. (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREDOWT, the CITY agrees to accept said real property offered for dedication. 2. INSTA TALION 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 AGREED , 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 nances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City er Engine . 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 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 clTY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be neera in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the coonneaxxmlent 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. ,a 5. El3ND6 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 lard agreed to be dedicated, and any improvements to be made under this AGREENENNT. 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 lard, 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. 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 cashiers 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 ("S 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 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. 6. QIEQCNG 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, •ard 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 arklitional 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) . S. MAP CHECKING 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) . uTeaeg bed 'r aau t3 sF �T pue 'ZL6T 'ZO9 .angwn& n a u2uTpa u0T4e0TP9C1 Veda' ga2d of X21 ?� uppTM peatliez sT se 'tETgnoexa 04 aoTzd 'ziao etp. og PST ins ageoTpap ao/pue saa3 tens Led Trig mum= aqq ;Eq} paaabe aatfzn3 sT 41 • g77.R ?Riad 'VT 'gsTT penaIdde AgTD Otte max; p93O9Tes eq Tris aazq 3o A eTaeA 'ouTgaedrj 30 AgTO a 30 spzvpumgs egg tt;TM eouearz03uoo TIT seaag 4n/4s 4ueid 'aaauTEua ATO eqg Aq egeTadazdd2 PeeeeP se aOT; tions 42 'Titus mamma attg ;trig paaab2 asR4=4 sT gI ,UMTS 30 NOLT.VITELSKE ',fit, 'ET 'zeaA eu0 zo3 s'4ti6TT 49e1x4s a03 ;sop a od au; sguesa adaz gamut qoTqft ' (e gied) Z abed g2 upaaaq tigzo3 las se 3urn'te Ottg 'Stated 8714 3o uoTpnoexe og =Tad ASS,O 03 Aed new 2IIdO IA'TQ Ott} gpttg peazbe aeggan3 sT gI woo max HYZA SIO 'ZT .enp gum= Ting eq4 eq TTege 'Z abed 'X gid ge uraaatt unngs gunoue eg1 Pid geld �2M pagdope egg tr Ttp. 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Oil kfige, LW : q u ?AA .5.1 P . P 34 . 0an Bi04 ” ak " V4 . BAmPl ig P' Wil MeV A ° � g �, � & 144p 2 1kAial ' BW- h - 100A % p 41 1AR Oh % 11010 MAk Ahp, 11 -5 OV: e -"em Iiiii Pr& th Wn P ! . 60' mg - ITI 0 NI 1 m " . fi.r, d 006- • ON 044 H eBr& W po W AARm Cl : ,q fiJi F-1 (j +N N V ' 7 _ ndh ld R fORli 014- ,° 9 u hqrni 1184 401 ° 41110 q qat " WMg g n 001 t� ro � ,ry vro . ki2P 0 N ' ro La ° 8 ia fr oa ow , t! , ' ° ° 8 u -46 " a w • .0 -'I ri ro H '�U '{] 100 H H•° ro ajt ril . rnj H ° ° rel H Hi { lldal a . • • 20. EASEMENTS AND RIGHT-019-MAY • It is further agreed that any easement and riot-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 said easement and right-of-way, that the DEVELOPER shall of securing 9h Y. eposit 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 theretosuch 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. 21. 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, the DEVELOPER shall indemnify, hold harmless and defend the CITY fru 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. 22. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, aid 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 5.1 named CITY arra individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance rust 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. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. • • A. Each of said- policies of insurance shallrovide coverage in the um following minimann2nts: For bodily injury,p g $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 carnation 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 ani political subdivision. 23. NAPS AND/OR DEMOVEMENT 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 and seven (7) prints of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. SUCCESSORS 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. • • • • • 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 CUPERI'mo: • Approved as to form: �p _a- , Mayor City Attorney �//16r,_ , City Cler.! l—f0 DEVELOPER: W STATE OF CALIFORNIA . COUNTY OF MONTEREYt. ls r On this 26th day of November, 1989 , before me, the undersigned Notary Public, personally appeared, UBALD• _._ q,_, .,.__r. OFFICIAL SE' CARMEN PEREZ AND REYNALDO PEREZ, personally known to ;e o S on the basis of satisfactory evidence to be the perso n•. • AURORA F. AUTO k ` NOTARY PUBLIC•CALIFORNIA A'\ } whose names are subscribed to the within instrument, i MONTEREYCOUNTY ; and acknowledged to me that they executed the same. ' ‘;‘' MyCommEr:PirmF62,79,. r IN WITNESS WHEREOF, I have hereunto set my hand and af'-� C- _: —`of icialyseal the day and year in this certificate first above written. � ,. w�tiaaEn. MI41IvI1e C IlfiF CA`s. ,©F INSURANCE ,, ISSUE DATE(MM/OD/YY) . . . w H 12/01/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS CORROON & BLACK/THE FLAMER COMPANIES NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 1735 TECHNOLOGY DRIVE, SUITE 500 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW SAN JOSE, CA 95110 COMPANIES AFFORDING COVERAGE (408) 452-7555 COMPANY LETTER A CODE SUB-CODE AETNA CASUALTY & SURETY COMPANY Ds INSURED LETTER B&B CONCRETE CONSTRUCTION, INC. COMPANY P.O. BOX 701 LETTER C CAMPBELL, CA 95009 COMPANY LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE 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-BYTHE`POLICIES-DESCRIBED`HEREINIS-SUBJECT-TO ALL THE-TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MWDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000, X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OPS AGGREGATE $ 2,000, A CLAIMS MADE!X OCCUR. ACM 5489844 07/14/89 07/14/90 PERSONAL&ADVERTISING INJURY $ 1,000, — OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000, FIRE DAMAGE(Any one fire) $ 100 !MEDICAL EXPENSE(Any one person) $ 5, AUTOMOBILE LIABILITY I COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY NON-OWNED AUTOS INJURY $ INJr accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY $ (EACH ACCIDENT) AND $ (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYEE) IOTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED PER FORM CG 2010 ATTACHED. AS RESPECTS: ALL CALIFORNIA OPERATIONS CERTIFICATE HOLDER ' ,' CANCEMAPION ai ..�.,- ',axx SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF CUPERTINO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL NEEIDE2XVOFI{XH *ADDRESS TO FOLLOW MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BlaTCXXIIKUMBOTXXIMILISVO=EXEIBMOGCHOSEXXXXTBEZMIDISIOCH ICIAHOOKMXICYCKMIXIVIIIKXMECREMVS=CLUOMETIMORKBERRESEMOLVEGX AUTHORIZED REPRESENTATIVE �,/q "C y�J `( -w 1 Seee. .s GARY P. SHEERER,CP CU ARIL GPS/11 ACORD gaff(3/88) ., __ ,v.:� '< ^' } `;,i,,,,,;:, `' _ ,-a ,"' , ©ACORD;CORPORATIONID 888 til.( 17.0/ _,fyl CCSVERAGE PART NUMBER: CO.5489844 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Cupertino, Members of City Council, Individually and Collectively, and the Officers, Agents and Employees of the City of Cupertino, Individually and Collectively. 768200 CG2010 (ED. 11-85) PRINTED IN U.S.A. �1.L77toi • • , • • -z 1114000 Cittp of Cupertino • 10300 Torre Avenue • ' 1 P.O. Box 580 . Cupertino,California 95014 ' -- i Cupertino,California 95015 • .d! .Telephone: (408) 252-4505 • OFFICE OF THE CITY CLERK October 31, 1986 • • •Ubaldo Perez , 22639 Stevens Creek Cupertino, California 95014 We are enclosing to you for your- files and information one (1) copy of the Agreement.by and, between the City of Cupertino and Ubaldo Perez which has • been fully executed by City Officials, along with one (1) copy of Resolution' No. 7005, which was enacted by the City Council.of the City of H. Cupertino at their regular meeting of Monday, October 24, 1986. Sin ly, • • DOROTHY oDRI�ELIUS CITY CLERK CITY OF CUPERPINO cc: Department of Public Works • • • 11 ti RESOLUTION NO. 7005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY OF CiUPERTINO AND UBAIDO PEREZ; STEVENS CREEK ' BOULEVARD AND PRADO VISTA DRIVE WHEREAS, there has been presented to the City Council an agreement for the iIIQ7rovemant of the street frontage on Stevens Creek Boulevard at Prado Vista Drive; and WHEREAS, said improvement will be constructed by the City as part of a larger project; 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; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 27th Jay of October , 1986 by the following vote: Vate Members of the City Council AYES: Gatto, Plungy, Sparks, Rogers NOES: None • . ABSENT: Johnson ABSTAIN: None APPROVED: /s/ Barbara A. Rogers Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk J 4 RESOLUTION NO. 7005 EXHIBIT "A" SG UJIE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single-family Residence Ubaldo Perez LOCATION: Stevens Creek Boulevard at Prado Vista Drive A. Faithful Performance and Labor and Material Bonds: $6,000.00 CASH • Six Thousand and no/100 Dollars B. Checking and inspection Fee: $ 360.00 Three Hundred and Sixty and no/100 C. Indirect City F penses: $ 54.00 Fifty-four and no/100 Dollars D. Development Maintenance Deposit: - E. Storm Drainage Fee: $ 311.00 Three Hundred Eleven and no/100 Dollars F. One Year Power Cost: - G. Street Trees: By Developer H. Map Checking Fee: - I. Park Fee: - J. Water Main Extension Deposit $ 600.00 Six Hundred and no/100 Dollars K. Maps and/or Improvement Plans - J , AGREEMENT STEVENS CREEK BOULEVARD / PRADO-VISTA DRIVE This AGREEMENT made and entered into this t 044 • day of QC.ToBGR. , 190 = , by,and.between the CITY OF CUPERTINO, a municipal corporation of the State Of-California, hereinafter designated as CITY, and MR. UBALDO PEREZ hereinafter designated as DEVELOPER. WITNESSETH ICESEAS, the DEVELOPER has made application to the CITY for a BUILDING PERMIT to construct and maintain a SINGLE FAMILY DWELLING hereinafter referred to as "Project." — • • WEIEREAS, CITY hereby approves the improvement plans and -specifications prepared for the Project by MR. ED HAHAMIAN ; a true copy of which improvement plans aid 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 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 BONGS, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: CASH $6,000.00 SIX THOUSAND AND NO/100 DOLLARS PARD B. Labor and Material Bowl: - SIX THOUSAND AND NO/100 DOLLARS PART C. Checking and Inspection Fee: $ 360.00 THREE HUNDRED SIXTY AND NO/100 DOLLARS PART D. Indirect City Erases: $ 54.00 FIFTY FOUR AND NO/100 DOLLARS PART E. Development Maintenance Deposit: - PART F. Storm Drainage Fee: $ 311.00 THREE HUNDRED ELEVEN AND NO/100 DOLLARS --- ----. -- PART G. One Year Power Cost: - PART H. Street Trees: By Developer =- _- PART I. .,Map Checking Fee: _ PART J. Park Fee: _ PART K. Wates Main Extension Deposit: $ 600.00 SIX HUNDRED AND NO/100 DOLLARS PART L. Maps and/or Improvement Plans: - 2 i ' NOW, , IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATIQ1 A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated--property shall be free and clear of all liens or encmbrances except those which the COPY shall waive in writing. The DEVELDPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instr,mients necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S, sole cost and tense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication. (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall that said property free arra clear of all liens or encmbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent .that.-the DEVELOPER shall , perform each and ever/.covenant and-condition of this AGREEMENT, the CITY agrees to accept said real--property offered for dedication: : "_ . 2. Ixcr*erZATION OF WORK (See. tom) 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 nay 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 accordarce 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 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 inlieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the cammencemieMt 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. QCTITCJAIM DEED It is further agreed that the DEVELOPER, whenrequested by the CITY, shall quitclaim all his-rights and interests in, and shall grant to CITY authorization to extract water from the tarlergrand 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. EONES AND C CHER 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 lard agreed to be dedicated, and any improvements to be made under this AGREEME T. In the event that improvements are to be made under this AGREEMENT, the DEVEIAPER shall, in addition to said faithful performance, file with the CITY a labor and materials band 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 DEVEIAPER 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 AGREIIcNT or otherwise indemnify the CITY for the DEVEfOPER'S failure to so do. 4 • B. Cash Deposit: The City accepts the amount shown on Page 2, Part A, as .a deposit for the construction of all frontage improvements. The City will install all improvements as part of a larger project. In lieu of a suretyThond,the DEVELOPER may elect to secure this AGREE_ MENT 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 Sec. 66499 (b) or (c) . C. The amount of said cash, checks, certificate of Hero-sit, 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•depbsit, 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. co nnG AND IIISPECTI@l FEE It is further agreed that DEVELOPER shall pay any .and all necessary direct expenses for inspection, rig, etc., incurred by CITY in connection with said Project, aryl that DEVELOPER shall have deposited with CITY, prior to exec titin of this AGREEMENT, the amount as set forth herein at Page :2 (Part C) . Should construction cost vary materially from the estimate. .frrm which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional semi due arra 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) . 8. NAP CHC'CEING FEE It is further agreed that the DEVELOPER shall deposit with CSTY, prior to execution of this AGREEMENT, for office checki roc of final map and field dhedking of street monuments, in alliance 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) . • 9. 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 cut 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 d repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 10. SICEM DRAIIMGE 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) . 11. W?JTER MAIN ECPENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those "monies required to comply with "Policy on Water Maini Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or imAlmmments outlined within the adopted Water Master Plan. - The amount shown herein at Part K, Page 2, shall be the full amount - due. . 12. :ONE YEAR POWER COST _ - It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amamt represents the power cost for street lights for one year. 13. THE INSTALLATION OF s ut:u ms It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant sleet trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected frrmm the City approved list. 14. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such lard 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 2 herein. 6 • • 15. 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 wor]®anship and/or materials appearing in said Work. 16. SANI'T RY 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 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 Government Code, pertaining to special assommmats or bonds, have been cCExplied with. 18. MIN RAL 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 necros ary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 19. PACIFIC GAS AND E TRIC/PAC,IF'IC HELI, It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC BELL Company any and all fees required for installation of overhead and/or undergtcwd wiring circuits to all electroliers within said property and any and all fees required for undergrcurding 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 HELL Company that said fees are due and payable. 7 20. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easerent and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his awn 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. 21. 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, 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 cut of the performance or nonperformance of the Work or the negligence or willful misconduct on acct of the DEVELOPER or the DEVELOPER'S agents, employees and independent- contractors. 22. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall reg+ire 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 herewrler, 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 irr3ivirinid ally acollectively, 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 aryl 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 indivirb lly 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. • 8 • . 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 occu rens 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 ACd2EQMlT 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 IMPROVEMENT 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 and 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 improvement plans and map. The DEVELOPER agrees to pay the CI'T'Y from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee arra 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 f 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[JPERCISIO: Approved as to form: it , a J - 'yor City Attorney ty Clerk? /a- z. t—1%6 DEVELOPER:e KEY /1Loo PErez Notary ACIc oaledgn ent Required 'yrmu.<... aL MARIA DEL CARMEN Pee.E2. Exhibit A Attached i,6,4' OFFICIALM"• Subscribed and sworn to before me this ,,,,tains MANUEL GONZA'.EZ FPrite � NOTARY PUBLIC 9 CALIFOrieliA ' O,� ray of OCT. 19 b wvl 9WdT% CIARR COUNTY ,, My comm. expires AUG 21, 19$9 .Notary lPublic. �D (Stale of Califerreamurk, mei Office,Santa Clara. 10 (Rev. 5/9/86)