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87-031 Ross Keiser & Terry L. Keiser, Improvement Agreement,22430 Palm Ave ue and 10088 & 10090 Peninsula Ave. APN #326-24-24 & 27 4 f ..,,, A Citti of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino, California 95015 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK December 11, 1989 Ross Keiser .22430 Palm Avenue Cupertino, CA 95014 IMPROVEMENT AGREEMENT - 10088 & 10090 PENINSULA AVENUE We are enclosing to you for your files one (1) copy Of the Agreement by and between the City of Cupertino and Ross Keiser and Terry Keiser, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 7981, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, November 20, 1989. Sincerely, >/m• DOROTHY CJRNELIUS CITY CLERK CITY OF CUPERFINO DC/so encl. cc: Department of Public Works AGREEMENT 10088 & 10090 Peninsula Ave. APN #326-24-26 & 27 ThiseAG 7T made and entered into this SP.dP�,�//l day of /tl0(/Of f,24 , 19fl, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and ROSS KEISER & TERRY L. KEISER hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a BUILDING PERMIT to construct and maintain 2 SINGLE FAMILY DWELLINGS hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by KIRKEBY & ASSOC. 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." 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: TEN THOUSAND ONE HUNDRED SEVENTY DOLLARS AND NO/100 $10,170.00 PART B. Labor and Material Bond: TEN THOUSAND ONE HUNDRED SEVENTY DOLLARS AND NO/100 $10,170.00 PART C. Checking and Inspection Fee: FIVE HUNDRED 'NINE DOLLARS AND NO/100 $ 509.00 PART D. Indirect City Expenses: SEVENTY SIX DOLLARS AND NO/100 $ 76.00 PART E. Development Wince Deposit: FIVE HUNDRED DOLLARS AND NO/100 $ 500.00 PART F. Storm Drainage Fee: TWO HUNDRED EIGHTY FOUR DOLLARS AND NO/100 $ 284.00 PART G. One Year Power Cost: PART H. Street Trees: By Developer PART I. Map Checking Fee: PART J. Park Fee: TEN THOUSAND FIVE HUNDRED DOLLARS AND NO/100 $10,500.00 PART K. Water Main Reimbursement: ONE THOUSAND SIX HUNDRED SIX DOLLARS AND NO/100 $ 1,606.00 PART L. Maps and/or Improvement Plans: As Specified in Item 23 PART M. Reimbursement for City Installed Improvements on Grand Ave. File: 1198,043 FIVE THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS AND NO/100 $ 5,975.00 9 6 •t1420; gas se sepeaS pue saurT 'sezTs 'sueid 'suoT;POT;T0sds 'sPuepue;s atp sgaau dp suemNaont ao teSn.eu Aue z tp.egnt 03 se TeuT3 sq TTegs aaauTbug A3T3 eta 3o uoTSpep mu 'ogaxatt aigeoTidde savq.ns Agunon pue e4235 its gaTM eouepz000e uT euop aq itEtls )(mom ati1 •zeetIT ua AgTO eta Aq panozdde sapezb pue 'saugT 'sazTs 'spxepiets 'suOTge°T;Toads 'SfSeTd Tie tptM a°uepzo°oe uT Pup AMID egg 3o suoTgnrosaz rue saouetTpzO buTpsTra tpTM aouepa000e uT atop eq TTegs Naof euj, •ouTazadnJ ;o aseuTbr A4TO eLF1 Aq penaxdde se sueid atp t q.p scuelaz000e uT aeuueut eNTTustustaoM pue poob E uT NaOM atp neTdwx) Pus Tie4suT TTegs EldaISAaa etii •a ao dgazns S i 32dMaMC atp ac 2IIdOTlMQ sq4 mai Agazeq Paaznou? sgsoo TTe pue Alm aanaoaz Aew MID atp 'NaoM atp sagaTdumo AMID egg guava atp uI •a PT° P TTPgs ASID atp lam= aanaq.egn uT Na0M atp ageiduo° 04 pazTaotpne eq new 'uotgdo aios s3T gs 'nm atig 'amp. ;o poTaad peT;Toads atp uTT4TM NaoM atp 349So og sesn3az ao BITE; 2IIdOIIAMQ atp guava atp u2 'aveuTbuH A4TO att. 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It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 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 commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk,, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUPICLAIM DEED It is further agreed that the DEVELOPER, when nested 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 arra DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented tohim for signature. 5. EONDS 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 arra 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 AGREENERP. In the event that improvements are to be made under this MOMENT, 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 AGREEI€RT 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 rrrie 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. 6. CHECIC 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 connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREE2+IENr, 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 AGRED1FNNP, 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 AGBEEt+1E21T, 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) . 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 out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bowls 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. 10. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the anoint as set forth herein at Page 2 (Part F) . 11. WATER MAIN EMERSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 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 improvements outlined within the adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amtumt due. 12. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AG[ man, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 13. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected frau the City approved list. 14. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. 14-A. PARK FEE ADJUSIIIE2'7T PROVISIONS The value of the land used in establishing ng the "Park Fee" outlined herein on Page 2, Part J, requires formal confirmation. The CITY shall employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" basal 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 istprovements. 15. mkurr'fl1ANCE 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 Ctipertino, and to the entire satisfaction of said CI, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 16. SANTIARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this ACRE Fr, a letter ficmt the Cutertino Sanitary District stating that the DEVELOPER has entered into a separate ACRE:12C with the said District to install sanitary sewers to serve all lots within said Project arra stating that a bond to insure full and faithful performance of the constriction of the said sanitary sewers aid to insure maintenance of _ said sanitary sewer in conformance with, .the provisions as set forth in • Paragraph 15 above has been filed. 17. COVERZ ?T CODE • It is further agreed that DEVELOPER shall file with CITY, upon execution of this A.GREEI4ENr, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government ('nip, pertainingto special assessments or bonds, have been complied with. 18. CENTRAL lute;e; DISTRICT • It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREQHENW, a letter from, the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an ACHEDg W 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. 19. PACIFIC GAS AND ELECrRIC/PACLFIC SELL • i It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC pnr, Company 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 • .•• uncle/grounding 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 Company that said fees are due and payable. 7 • • 20. EASEKIWIS AND RIGHT-OFWAY • It is further agreed that any easement aid right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost arra expense. It is provided, however, that in the event eminent �; domain proceeding's are required by the CITY for the purpose of securing said easement and right-of-gray, 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 arirrition 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 HARKLESS • It is further agreed that, camnencing 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 arra defend the CITY form 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, 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 officersagents and employees of the City individually and collectively, as insu,red. Said separate policy shall provide bodily injury and property damage coverage to the foregoing nae CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the' City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. 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On 4/c'24/, ix—'7 . 19 nefore me,the undersigned.a Notary Public in and rill said Slate.personally appeared .e/'SS .'itlE✓JleFfe_ dAf0_ --.Jf' -y j. Ae0ier? . . . . - - - -- OFFICIAL SEAL personally known la me or proved In me i I IWAR N JONES on the lusts ut satisfactory cvrdenec In lit the person /wluue mune ./ - - �2�__ _ ,e. ,�' NOTARY PUBLIC - CALIFORNIA ' subscribed to the within inauunenl,x1111 aeacknowledged to me That rhe Yeseetilled il. ' '1 SANTA CtARA COUNTY �c==/"W!/ � 6.. My comm. expires JAN 3, 1992 NOTARY Pul - B99c Grant Rd.. #1, Los Altos CA 94022 ALMNOW I.EOGMEN r-INIII V IOrjAL WTI routs.NO. 60 1)63 , tr' -- l 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 cawed his name to be affixed the day and year first above written. CITY OF CUPERTINO: Approved as to form: i Vt. '- 1' 4 Mayor � r City Attorney 4214,4,1,wCity Clerk ` • DEVEIDPER: Notary Acknagledgment Required (.�/rf� f. /l/J goe„ . A * : 4 ,.r , 1y�r t ON of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408)252-4505 DEPARTMENT OF THE CITY CLERK INTERIM CITY HALL 10430 S. DeAnza Blvd. Cupertino. CA 95014 June 24, 1987 Ross Keiser 22430 Palm Avenue 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 Ross Keiser, Et Al. which has been fully executed by City Officials, along with one (1) copy of Resolution No. 7215 which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, June 15, 1987. This document requires recordation which takes approximately six to eight weeks and will be on file in this office after completion. re-1Y, DOROTHY CDRNELIUS CITY CLERK CITY OF CQPERT NO DC/so encl. cc: Department of Public Works 4t1..1NIEiWWM•CITY HALL fl 9332472 ;77..N3U 'S. DeAnza Blvd, °MINA X10 1Th � NO FEE IN ACCORDANCE MED � ��®�� Cuper:Ino,.CA 9,501^ WITH 6ov CODE 6103 /� Q AT REOlEST OF L 'y. t K 205PAGE 48 c Sir Tat1-4.4xa AGREEMENT JImZS 1020 U. JUN 2 91987 O;FFICI4t R CORDS PALM AVENUE SAIiTA CLAR,. COUNTY LAURiE XANE This •h•va iat made and entered into this 1�=r{pTa�R of 4P /1 C_ , 1981, by and between the CITY OF CTJPERTINO, a municipal corporation of the State of California, hereinafter designated • as CITY, and ROSS KEISER & TERRY KEISER & LOYOLA MEATS, FISH & DELI INC. hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for to construct and maintain Single Family Dwelling hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit DEFERMENT 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 EnginPor or as provided herein and; 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 prepared; and WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or other guaran1- s as outlined herein to assure compliance with conditions of development approval; and Page 1 K2O5PGGE 749 • 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 PART A. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: Deferred PART C. Checking and Inspection Fee: Deferred PART D. Indirect City Expenses: - Deferred PARTE. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: $ 296.00 Two Hundred Ninety Six and no/100 Dollars • PART G. One Year Power Cost: Deferred PART H. Street Trees: By Developer PART I. Map Checking Fee: N/A PART J. Park Fee: N/A PART K. Water Main Extension Deposit: 800.00 Eight Hundred and no/100 Dollars PART L. Maps and/or Improvement Plans: Deferred Page 2 • • K 2O5PAGE 750 • NOW, THEREFORE, IT IS HEREBY MUTUALLY 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 apart 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 encuanbrances 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 AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The ,DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be 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. Page 3 abed 'op os o; azniie; SINEUCTIIASQ &fl. ao; MIM etp; S;Ttauapup: asTMzaup;o ao yNaNgiary sTtp} uuo;.zed o; S;azns atp; uo Tito tieMta art} 'pazrnbat uTaxaq squaptanazdarr Sure ao 'poet ;o uoT eoTpap Sue ao ';uawiced Sue a est o; ao taggingsy spa ;o suo pTpuoo pup s;ueueAoo etp} uuzogaad oq. Stin3q4TE3 TTe; Timis 2IId(TIIASQ Otp} ;eq} ;uana atp} uI •4couaToT33ns oq se aaaurbtq AqTo atp} Sq pup o; o; se Abuzo;;y S.T0 atp; Sq panazdde eq gsnut we ETuzo;TTE0 3o et eqS 014 UT SSaUTSng Sqazns. 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Paaabe -Poet Sue 3o an-EEA atp; 'S,NENEHEJy sTq. aapun open eq o; ;uaurAed Sue 3o qsoo Ting 0.14 ag iiegs puoq eoupuzogaed in3Tp}TE3 PTEs 3o psis ipued eta 'atEgment sTtp; ;o eouemao;aed • 111-11147; Pue tin; sTq sense o; Wog eoueuno;.aed inW4Ttg e ALIO sur} tp;TM aiT; Timis 2IIdO12ASQ aur} ' n_E i sT14; 3o uoT;noaxe air} tmdn 'y =ES NEIRIO (INK SINCE( '2 •aan .eubTs ao; uurq o; pa}uasaad uetpM 'Amp ;o aoAp; uT „uoT;ezTaotr}ny Pup react tx eTogTno11 p a;noaxa o; saaabe 1176casulau pup goacozd pips ggesuag BuTAPT t?}E/}s ptnoabaapcn sip} woz; aagem goexgxa o; uoT;ezTaoq'}ne Aim o; ;upab itpgs pup 'uT sgsaza;uT we s;tpbTp sTtp tip aceto - nb piesis 'LTI3 au; Sq Paqsenbaz uatpt '2IIianiau ate} ;pup} paaabp /air zn3 sT ;i cam Yillitonnb •eouainroo o; sT uoT .e eoxe pesodn-td aur} mum sort; pup e;pp goExa asp; ;o aeauTbua S;To ate; SST;ou nests U dGIIA C ate; 42q} peazbE 2atpgzn; sT ;I •aoeid oTtgnd aatp;o ao ')rte!ePTs 'Setts 'suet ';eez;s ottgnd but;sTxa Sue ;o eoe;ans asp; sap n ao 'uo 'uT uoT;eAeoxa Sue ;o wauraouawuw ate} aao;eq aaauTbta S;Ta asp} waz; ;Tuuad uoT;e eoxe tie btTUTe;go Sq MID ate; ;o oEi •oN eoueuTpao 3o eaagI uoTgoes tp;TM Stdumo piesis IMICTISA3Q ate} ;E44 paax52 setpgzn; sT ;I SII d NOIsLV WD C3 •E 'suoTgaod buTaaTI;Uoo tpons ;o nail uT peen ag we aaho eouapald axe hetes goTfsTQ Sze;Tops oupaadn0 at; ao/ESE 943 3o suoT;pot;Toads sup; 'g°T,/}sTQ SXE;TueS ouTgaadt>D ate} ao/pue AMID ate} ;o stmt;eot3Toeds all; pure suoT;eoT;Toads a;e;S asp; ueaZ;aq ;oTT;uoo ;o asap uI •aaauTbua S;TO asp; o; butaxa;az se pazapTsuoo eq Timis ;T 'PauoTqueut sT 11sxaoM o?ignd 3o ao;oaaTQ„ ao „aogoaaTQ„ etp; aanaaagM oste :otrgzadn0 ;o X= asp; o; butaaa;az SE paaapTsuoo eq hetes ;T 'suoT4eOT3TOOdS a'}p;S stp} uT pauoT;uaut azp usSVMLI6TH ;o uoTSTATQ 2Tuzo3TtEJu 20 04E4Su scum ate; zanazatzM 'atgeoTtdde east;& ;oT/}sTQ Sze;Tues ouT;zadn use's. ;o suoTquoT;Toads asp; tp;TM aouppzome uT pup 'eTuzo;TreD ;o aeq. 'uoT;E;zodsuex,L 3o ;ua iq.xedaj 2Tuao;Tie0 'sxzod otignd 3o ;ual4zEdact asp; 3o suoTgP0T3Toads pxeputoeS ;.uazzno ;saw ate} tp;TM aouep coop uT auoP OC( netts NaoM ate; g;;EpeemEe Japing sT ;I •0 • J f 39Vd 2 0 g ) • K20SPAGE 752 B. In lieu of a surety bond, the DEVELOPER may elect to secure this MOMENT' by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6. CHE.0 G1G AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct a penes -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. 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 AGREME/T, for office checking of final map and field checking of street mon ments, 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 • • K2O5PAGE 753 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials • appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9A. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements • established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F) . 9B. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 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 improvements outlined within the adopted Water Master Plan (PART K, Page 2) . - - - - - -- 10. ONE YEAR PCMER 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 amount represents the power cost for street lights for one year. 11. THE INSTALtATTOI OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. 12. PARK FEES • It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. Page 6 13. MAINTENANCE OF WORK K 2 O 5 PAGE 754 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 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. 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. 16. CENTRAL FIRE DISTRICT • • It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter fwm the Central Fire Protection District of Santa Clara County, stating that. the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 17. STRE w LIGHTING It is ' further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. . 18. PAU.nC GAS. AND ELECTRIC/PACIFIC SELL 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 undergrounling 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 S9. EASEMENTS AND RIGHT-OF-FAY K 2 O 5"PAGE 755 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 aririition thereto, such sums as may be required for legal fePc and costs, engineering, and other incidental costs in such reasonable amounts as the CITL may require shall be deposited with the City of Cupertino. 20. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY frau and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council ,of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence haais; 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 emcees insurance only. A. Each of said policies of insurance shall provide coverage in the following minimum, amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. Page 8 • • K 2O5PAGE 756 • B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREF€NT.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 l act 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 DEVELOfl shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. B. A mylar sepia and ten (10) 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 mictufilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and miurufiim 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 conmleted 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: All standard street improvements on and along Palm Avenue Page 9 . K 205PAEE 757 Until such notification is made by CITY, or such time has elapsed, Sections nnnbered 2 through 26, except 9 are hereby deferred. The DEVELOPER further, agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other agencies to provide the public 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. SUCCESSORS - RUN WITH LAND - 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 WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO: , , • Approved as to form: + ' '► "4a _101111 A .ey -efcl T y: �,y „If • • • • • • • e ;• _U 2 jiep r. 4 All signatures require notary acknowledgment. J..1 �c>' Exhibits A and B Attached / 4i A V (Rev.3-1986) Page 10 GENERAL ACKNOWLEDGMENT s NO.201 l! .!!- ./!�/!!!!!/l!!!-/./!!l!!-/!!!I!I State of (Zeit//Cette5.4././�r,,7 On this the day of t(/4/9 19 glbefore me, SSS. Countyof //h i(/� N/Oti`r S Athe undersigned Notary Public,personally appeared ti 0 K205PAGE '758o o ,ea-es .2) . eFiest o ,�`� OFFICIAL SEAL personally known to me 4 IVAR N JONESN ra, 0 proved to me on the basis of satisfactory evidence ) 0 s' � NOTARY PUBLIC -CALIFORNIA 1 tits,. SANTA COMA COUNtt tO be the person(*whose name* /� subscribed to the tiMy comet expires DEC 23, 1987 within instrument,and acknowledged that T executed it. WITNESS my hand and .fficial seal. l 1 er de" O Q Notary's Signature ti 7110 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura BNd.•P.O.Box 4625•Woodland Hills,CA 91364 (Individual) • STATE OF CALIFORNIA` COUNTY OF. F TT\ // / �,{/l/il C f/,//1c SS 79 On v�C ` Y'7.rL i // u ,before me,the undersigned,a Notary Public in and for said State;pers ally appeared '.Yer ti -. personally known to me. - .. stecy-evtdodee), to be _. Thperson ' { whose name 1bscrihed to the within instrument and acknowledged that O C� OFFICIAL SEAL executed the same. d' t 4Arx KATHY HERRERA NOTARY PUBLIC-CALIFORNIA ?*a PRINCIPAL OFFICE IN. WITNESS my . d � a fi 'a s al, SANfA CLARA COUNTY ' My Commission Exp.Sept.7, 1990 Signature `./ ALS/ Led -2 ""."•.•s.'- LE-76(7182) - - (This area for official noted.'seal (Corporation) , STATE OF CALIFORNIA n L.Q6 f SS. 'COUNTY gat? OFL / s. tl.-..c/C.Q G • On C._ / ( t before me,the/undersigneed,a Notary Public in and for said State,perappeared -7-26‘)/7/0 I if aridredi/ s ,personally kynuw.tgme{ Fy-ewidenee)to be the - Presiden mar Y of the corporation that executed the within Instrument,known to me(. . . :: : --. :• •_ ...'. . . . • •'. )to be the ."......t. • OFFICIAL SEAL persons who executed the within Instrument on behalf of the cor- KATHY HERRERA poration therein named, and acknowledged to me that such cor- f ''• NOTARY PUBLIC CALIFORNIA poration executed the within instrumen uant to its by-laws or • s. PRINCIPA!OFFICE 1N • a resolution of its boar. of/directors. SANTA CLARA COUNTY WIT,pj�� 1r/ / ` .,.,. •• My Commission Exp,Sept 7,1990 r � Sig,. Illi4i _ �/L - ) LE-78(7182) (This area for official notarial seal) A • EXHIBIT DESCRIPTION K 2 O 5 PAGE 759 iXi/that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: The southerly 10.00 feet of Section 263 as said Section is shown on that certain Map entitled, "Map of Inspiration Point Monta Vista", filed April 11, 1917 in Book "P" of Maps at page 18, Santa Clara County Records. • • K205rA6E 760 // 0r 26 or iviciv-2-7 //OM BA') P .. can /S-- / Arear— ‘see • fi Ae /C9' L. Atik A va EXHIBIT A -2 • EXHIBIT B K 2O5PAGE 761 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: All of Section 263 as said Section is shown 6n that certain map entitled "Map of Inspiration Point Monta Vista", filed in Book "P" of Maps, Page 18, Santa Clara County Records. V fx NO FEE IN ACCORDANCE - WITH 6OV C^DE 57nf nn ry dNTERIM HALL' V PACE / I 2 10430 S. DegnzaCITY Blvd. Cupertino, CA 95014 RESOLUTION NO. 7215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF DEFERRED AGREEMENT WITH ROSS KEISER & TERRY KEISER & LOYOLA MEATS, FISH & DELI INC. FOR THE IMPROVEMENT OF FRONTAGE ALONG PALM AVENUE WHEREAS, there has been presented to the City Council an agreement for the improvement of the street frontage along Palm Avenue by Ross Keiser & Terry Keiser & Loyola Meats, Fish & Deli; and WHEREAS, said proposed agreement contaains provisions for the construction of streets, curbs, gutters, sidewalks, and for other improvements within a period of five (5) years and six (6) months from the date of execution of said agreement; and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the aforementioned agreement is hereby approved; and the City Engineer is hereby authorized to sign the final plans when presented by the developer; and the Mayor and the City Clerk areihereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to file this agreement with the Santa Clara County Recorder. PASSED AND ADOPTED .at a regular meeting of the City Council of the City of Cupertino this 15th day of June, 1987 , by the following vote; Vote Members of the City Council AYES: Johnson, Gatto, Plungy, Rogers, Sparks NOES: None ABSENT: None THIS IS TO CERTIFY.THIKV THE1WITHIN INSTRUMENT ISA Tkvg41,4D'COJcorn*RECT CO ' OF THE ORIGINAL o(krmat-�41 4-11-0,s OFFICE. ABSTAIN: None ATTEST� .�P • �7 '5% y. CITY C Q THE-1%4F,: d-ERTINO APPROVED: i > °' ". ' 7 ..ASI r . 7 ti-rh -()Si /s/ W. Reed Sparks!