86-176 James C. Hoffman and Jenay A. Hoffmay, Improvement Agreement, Tract No. 7277, Tula Lane TRACT AGREEMENT
TULA LANE �t
This AGREEMENT, made and entered into this 0 day
of J)442 , 19 14 , by and between the CT! OF CJPEREINO, a
municipal corporation of the State of California, hereinafter designated
as aTy, and JAMES C. HOFFMAN and JENAY A. HOFFMAN
hereinafter designated as DEVE[OPER.
WITNESSETH
WHEREAS, said DEVELOPER desires to subdivide certain lard within the
City of Cupertino in accordance with the map heretofore filed with the
City Council of the City of Cupertino, marked and designated as
Tract 7277 Cupertino,
California, hereinafter designated as the "Tract:" and
WHEREAS, said map shows certain courts, drives and roads which are
offered for dedication for public use; and
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Tract by KIEKEBY & ASSOCIATES
, a true Copy of said improvement plans and
specifications are on file in the Office of the City Engineer of
Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as
though set out in full;
NOW, THEREFORE, said improvement plans aryl specifications shall be
hereinafter called the "Plans," and the work to be done under the Plans
shall be called the "Work."
Page 1
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SEEMS, pursuant to the provisions of this AGREEMENT, the CITY hereby
established the amounts of Bonds, Fees, arra Deposits as set forth in the
following.schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
PART A. Faithful Performance Bond: $42,000.00
FORTY TWO THOUSAND AND NO/100 DOLLARS
PART B. Labor and Material Bond: $42,000.00
FORTY TWO THOUSAND AND NO/100 DOLLARS
PART C. Checking and Inspection Fee: $$ 2,100.00
TWO THOUSAND ONE HUNDRED AND NO/100 DOLLARS
PART D. Indirect City Fnses: $ 315.00
THREE HUNDRED FIFTEEN AND NO/100 DOLLARS
PART E. Map Filing Fee: $ 210.00
TWO HUNDRED TEN AND NO/100 DOLLARS
PART F. Development Maintenance Deposit: $ 3,000.00
THREE THOUSAND AND NO/100 DOLLARS
PART G. Storm Drainage Fee: $2,851.00
TWO THOUSAND EIGHT HUNDRED FIFTY ONE AND NO/100 DOLLARS
PART H. One Year Power Cost: $ 36.00
THIRTY SIX AND NO/100 DOLLARS
PART I. Street Trees: BY DEVELOPER
PART J. Park Fee: Zone $30,240.00
THIRTY THOUSAND TWO HUNDRED FORTY AND NO/100 DOLLARS
PART K. Water Main Extension Deposit: 0
PART L. Maps and/or Improvement Plans: By DEVELOPER
Page 2
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within one (1)
year from the date of execution of this AGREEMENT, or such longer period
as may be specifically authorized in writing by the City Engineer. In the
event the DEVELOPER fails or refuses to complete the Work within the
specified period of time, the CITY, at its sole option, shall be autho-
rized 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.
g. The DEVELOPER shall install and complete the Work in a good and
workmanlike manner in accordance with the Plans as approved by the City
Engineer of Cupertino. The Work shall be performed under the inspection
and with the approval of the City Engineer. The Work shall be done in
accordance with the existing ordinances and resolutions of the City of --
Cupertino, and in accordance with all plans, specifications, standards,
sizes, lines and grades approved by the City Engineer. The Work shall be
done in accordance with all State and County Statutes applicable thereto.
The decision of the City Engineer shall be final as to whether any
material or workmanship meets the standards, specifications, plans, sizes,
lines and grades as set forth.
C. It is further agreed that the Work shall be done in accordance
with the most current Standard Specifications of the Department of Public
Works, California Department of Transportation, State of California, and
in accordance with the specifications of the Cupertino Sanitary District
where applicable. Wherever the words "State" or "California Division of
Highways" are mentioned in the State Specifications, it shall be
considered as referring to the CITY of Cupertino; also wherever the
"Director" or "Director of Public Works" is mentioned, it shall be
considered as referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino Sanitary District shall
take precedence over arra be used in lieu of such conflicting portions.
2. EXCAVATION PERNIIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
from the City -Engineer before the commencement of any excavation in, on,
or under the surface of any existing public street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the proposed
excavation is to cam.
Page 3
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3. QUITCLAIM DEED
It is further agreed that the DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to CITY
authorization to extract water from the unnde ground 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.
4. BONDS AND OfThR SECSIPITY
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 AGREEMENT. In the event that
impovvements are to be made under this AGREEMENT, the DEVELOPER shall, in
addition to said faithful performance, file with the CITY a labor and
materials bond in a penal sum adequate to assure full payment of all labor
and materials required to construct said improvements. The amount of said
bonds shall be as designated by the City Engineer. Said bonds shall be
executed by a surety company authorized to transact a surety business in
the State of California and must be approved by the City Attorney as to
form and by the City Engineer as to sufficiency. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to perform
this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure
to so do.
B. In lieu of a surety bond, the DEVELOPER may elect to secure this
AGREE E T 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 Goverment Code Section 66499 (b) or
(c) .
C. The amount of said, cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said
security thereto.
D. No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except upon approval of the City Council.
E. No interest shall be paid on. any security deposited with the
CITY.
Page 4
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5. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
• direct expenses for inspection, checking, etc., incurred by CITY in
connection with said Project, and that DEVELOPER shall have deposited with
CITY, prior to execution of this AGREEMENT, the amount as set forth herein
at Page 2 (Part C) . Should construction cost vary materially from the
estimate from which said sum is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
6. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
7. NAP FILING FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREEMENT, for office checking of final map and
field checking of street monuments, in compliance with Section 4:1 of
Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth _-
herein at Page 2 (Part E) .
8. DEVELOPMEETT INCE 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
F) as a development maintenance deposit to insure proper dust control and
cleaning during the constriction period. The development maintenance
deposit may be utilized for repairs of defects and imperfections arising
out of or due to faulty workmanship and/or materials appearing in said
work during the period until release of the improvement bonds by the CITY.
Should the DEVELOPER complete the required repairs to the entire
satisfaction of the CITY, the unused balance will be returned after the
release of the improvement bonds.
9. SIURn DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGMEMENT, 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 G) .
10. ONE YEAR POWER COST
It is father agreed that the DEVELOPER shall pay to CITY prior to
execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part H) , which amount represents the power cost for street lights• for one
year.
11. THE rnrcmnMIATION OF slHr eW TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
fry the City approved list.
Page 5
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12. 'PARK FEES
• It is further agreed that the DEVEIWPER shall pay such fees and/or
dedicate such land to the CITY, prior to execution, as. is required within
"Park Dedication Ordinance" NUMber 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
12-A. PARKFEEADJUSTMENT PROVISIONS
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part J, requires formal confirmation. The Developer
shall employ a qualified local appraiser to provide a market value of the
lard. The City will calculate the "Park Fee" based on the appraisal. The
Developer agrees to pay for any deficiency within thirty (30) days and the
city agrees to refund overage within thirty (30) days. Adjustments shall
be made prior to acceptance of the subdivision improvements.
13. MAINTENANCE OF WORK •
It is further agreed that the DEVELOPER shall maintain the Work: A.
For a period of one (1) year after acceptance of the Work by the City
Council of the City of Cupertino, or B. Until all deficiencies•in the
Work are corrected to conform to the Plans and the CITY standards and •
specifications for the Work, whichever is the later to occur. The
DEVELOPER shall, upon written notice thereof, immediately repair or
replace, without cost or obligation to the City of Qipertino, and to the
entire satisfaction of said CITY, all defects and imperfections arising
out of or due to faulty workmanship and/or materials appearing in said
Work.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, a letter from the Cupertino Sanitary District
stating that the DEVELOPER has entered into a separate AGREEMENT with the
said District to install sanitary sewers to serve all lots within said
Project and stating that a bond to insure full and faithful performance of
the construction of the said sanitary sewers and to insure maintenance of
said sanitary sewer in conformance with the provisions as set forth in
Paragraph 13 above has been filed.
15. BUSINESS AND PROFESSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 11603, Article 8, Chapter 4 of the Business and Professions Code,
pertaining to special assessments or bonds, have been complied with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this AGREEMENT, a _letter from the Central Fire Protection
1 District of Santa Clara County, stating that the DEVELOPER has entered
into an AGREEMENT with said District to install fire hydrannts to serve
said Project and stating that all necessary fees have been deposited with
said District to insure installation and five (5) year rental fee Of said
hydrants.
Page 6
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17. snc n' LIGHTING - P.G.and E. RATE SCHEDULE SiEALL APPLY
It is further agreed that the DEVELOPER Shall apply for the
installation of electric power for street lighting at the earliest date
possible.
18. PACIFIC GAS AND ELECTRIC/PACIFIC HELL
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 arra all fees required for
under 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.
19. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acquired by the DEVELOPER at his own
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CITY for the purpose of securing •
said easement and right-of-way, that the DEVELOPER shall deposit with CITY
a sum covering the reasonable market value of the land proposed to be
taken and to be included in said sum shall.be a reasonable allowance for
severance damages, if any. It is further provided that in addition
thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the
CITY may require shall be deposited with the City of Cupertino.
20. BOLDHARMLESS
It is further agreed that, commencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the completion of
the maintenance of the Work as provided in Paragraph 13 above, the
DEVELOPER shall indemnify, hold harmless and defend the CITY from and
against any or all loss, cost, expense, damage or liability, or claim
thereof, occasioned by or in any way whatsoever arising out of the
performance or nonperformance of the Work or the negligence or willful
misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and
indeper nt contractors.
21. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or shall
require any contractor engaged to perform the Work to take out, and
Maintain at all times during the performance and maintenance of the Work
called for or required to be done hereunder, a policy of insurance naming
the CITY arra members of the City Council of the City of Cupertino,
individually and collectively, and the officers, agents and employees of
the City individually and collectively, as insured. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing
named CITY and individuals covering all the Work performed by, for, or on
behalf of said DEVELOPER. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide
that the coverage afforded thereby shall be primary coverage to the full
Page 7
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GENERAL ACKNOWLEDGMENT NO.201
State of CO 1 icvRrxl ra On this the 0 day of \R C_.efm.O-t-Z 19 before me,
G ( �� V 0
', County of Sun-\-a- SS �� cSl\P At �\RC�t�w�C�
the undersigned Notary Public,personally appeared o
-cAf QS c-• \-\e'OYc- alr‘ "�2r\ty k jUrvol
O personally known to me Io
oFFIc1AL SEAL V proved to me on the basis of satisfactory evidence 1
',; Patti;ean Blackmore to be the person(s)whose name(s) ARP subscribed to the
;•s � 'y: NOTARY PUBLIC-CALIFORNIA
s.
±�+,� PRINCIPAL OFFICE IN within instrument,and acknowledged that —� executed it.
`' i' $n '
SANTA CLARACOUNTY WITy F Sm hand and official seal.
'?� my Commission Exp.June 10, 1988 <
N
Notary's ignat fieeti
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7110122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills.CA 91364
•
24. TERMS AND CONDITIONS
•
It is further agreed that the above named terms and conditions for the
said Tract shall bind the heirs, successors, administrators or assigns of
the DEVELOPER. The assignment of this AGREEMENT shall not be made without
approval by the City Council of said CITY.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Council and said DEVELOPER has hereunto caused his name to be affixed
the day and year first above written.
CITY OF QJP INo:
Approved as to form: X.4 I !a� .k
Mayor
At-
City Attorney City Clerk ,/y Oji.
DEVELOPER:
es C. Ho f fmrej
Notary Aclmowledgment Required.
Page 9
(Rev.3-1986)
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RESOLUTION NO. 7044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CJPERTINO
APPF LING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7277
LOCATED ON TULA LANE; DEVELOPER, JAMES C. HOFFMAN
AND JFSIAY HOFFNAN; AUTHORIZING SIGNING OF FINAL MAP AND
IMPROVEMENT PLANS; AUTHORIZING THE EXEWTION OF AGREEMENT IN
CONNECTION THEREWTIH
WHEREAS, there has been presented to the City Council for approval and
for authorization to record final map of Tract No. 7277, residential
development, located on Tula Lane showing certain avenues, drives, places,
and roads by James C. Hoffman and Jenay A. Hoffman; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, and for
other improvements, and good and sufficient bonds, fees, and deposits as
set forth in Exhibit "A" having been presented for the faithful
performance of said work and the carrying out of said agreement; and said
map, agreement and bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said parcel map and improvement plans of Tract No. 7277, be and
the same are hereby approved.
b. The offer of dedication for roadway and for easements is hereby
accepted.
c. The City Engineer and the City Clerk are hereby authorized to
" sign said final nap.
•
d. The City Engineer is hereby authorized to sign the improvement
plans.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 14rh day of December , 1986 by the
following vote:
ld
r
RESOLUTION NO. 7044
Vote Members of the City Council
AYES: Johnson, Gatto, Plungy, Rogers, Sparks
NOES: None
ABSENT: None .
ABSTAIN: None
APPROVED:
/s/ W. Reed Sparks
Mayor, City of Cupertino
ATTEST:
/q/ Dnrnrhy Cornalins
City Clerk
.,
• RESOLUTION NO. 7044
EXHIBIT "A"
• SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Tract No. 7277
James C. Hoffman arra Jenay A. Hoffman
LOCATION: Ttla Lane
A. Faithful Performance Bond: $42,000.00
Forty-two Thousand and no/100 Dollars
B. Labor and Material Bond: $42,000.00
Forty-two Thousand and no/100 Dollars
• C. Checking and inspection Fee: $ 2,100.00 •
Two Thousand One Hundred and no/100
D. Indirect City F.enses: $ 315.00
Three Hunired Fifteen and no/100 Dollars
E. Map Filing Fee $ 210.00
Two Hundred Ten and no/100 Dollars
F. Development Maintenance Deposit: $ 3,000.00
Three Thousand and no/100 Dollars
G. Storm Drainage Fee: $ 2,851.00
Two Thousand Eight Hundred Fifty-one and no/loo Dollars
G. One Year Power Cost: $ 36.00
Thirty-six and no/100 Dollars
H. Street Trees: By Developer
I. Park Fee: $30,240.00
Thirty Thousand Two Hundred Forty and no/100 Dollars
K. Water Main Extension Deposit N/A
L. Maps and/or Improvement Plans: By Developer