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87-032 Enrique Alvarez, Improvement Agreement, 20820 McClellan Rd 47.; wwu, Cites of Cupertino 10300 Torre,Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 • • • September 16, 1987 E. Alvarez • 20820 McClellan Road Cupertino, CA 95014 IMPROVEMENT AGREEMENT' We are enclosing to you for your files and information one (1) copy of the Agreement by and between the City of Cupertino and Enrique Alvarez, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 7312, which was enacted by the City Council of the City of Cupertino at their regular meeting of Tuesday, September 8, 1987. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERPINO cc: Department of Public Works • • RESOLUTION NO. 7312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND ENRIQUE ALVAREZ FOR THE IMPROVEMENT OF FRONTAGE AT 20820 MCCLELLAN ROAD WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and Developer Enrique Alvarez, for the installation of certain municipal improvements at 20820 McClellan Road; and said agreement having been approved by the City Attorney; and the Developer having paid the following fees: Share of Improvement Cost $2,385.00 Checking and Inspection Fee 200.00 Indirect City Expenses 30.00 Storm Drainage Fee 942.00 NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 8th day of September , 1987, by the following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: Gatto ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ W. Reed Sparks City Clerk Mayor, City of Cupertino AGREEMENT 20820 McClellan Road This AGREEMENT made and entered into this /- day of o.-:r , 19 al , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and MR. ALVAREZ hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, 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." • WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by N/A 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 railed the "Work." 1 WHEREAS, pursuant to the provisionsjof thit AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONES, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: CASH IN LIEU 10F: $2,385.00 * TWO THOUSAND THREE HUNDRED EIGHTY FIVE AND NO/100 DOLLARS PART B. Labor and Material Bond: 1 N/A PART C. Checking and Inspection Fee: $ 200.00 TWO HUNDRED AND NO/100 DOLLARS PART D. Indirect City Expenses: . , $ 30.00 . THIRTY AND NO/100 DOLLARS . PART E. Development Maintenance Deposit: I '1_ ,_;: ' 'N/A PART F. Storm Drainage Fee: $ 942.00 NINE HUNDRED FORTY TWO AND NO/100 DOLLARS • 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 Extension Deposit: . N/A PART L. Maps and/or Improvement Plans: . - ' N/A • ' * CITY TO INCORPORATE WORK INTO LARGER PROSECT. , FINAL FEE I 1 ,. 2 . 1 I I I. NOW, THEREFORE, IS HEREBY MUTUALLY AGREED by and between the parties hereto as. follows, TO WIT: pr . Fi: ,�. 1. DEDICATI,ON•� • ��".• • uh{ �� , l+ �! 1�� � f '�� 14 r �1 'i. . { - ^ , r Lie :The DEVELOPER offers to,j,ded,cate'.the ,real property shown on •Exhibit o" which','is attached hereto made•,`,'a part hereof by:reference. Said dedic. ed„ property shall,' be' free and ;folear.,I of: all liens or encumbrances - ,,-pt those which the' CITY shall iaaive in writing:, The DEVELOPER agrees ••t to revoke said offer of dedication, and to keep-said offer open until th- CITY arrepts offer by resolution. B. Upon exe . 'on of this AGREEMENT the DEVELOPER agrees to deliver a properly execut grant deed to the CITY of 'the real property described in Exhibit • "A", and such other executed conveyances, or instruments necessary to cony clear title as herein required. The DEVELOPER shall provide, at the D- N *PER'S sole cost and expense, to the City: (1) A preliminary title re.:art issued by a title insurance • company relating to the property 'ffered for dedication. • (2) A standatd policy of title :.'' - ce issued by a title insurance company and insuring the C the sum of: N/A, and which shall show said property free an• leer of all liens or encumbrances except those as the CITY - expressly waive in writing; said policy shall be furnished, at the ime of acceptance of dedication and recordation of deed: C. Upon the condition precedent that the D m •PER 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 Ceovrea by in lieu_ paymenf) • It is further agreed that: ' A. The DEVELOPER shall install 1 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, let ,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 frum the DEVELOPER or 'the DEVELOPE'R'S surety or both. H 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 inaccordance 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._ , II . • 1 , 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, ,Transportatioh, State of California, and . in accordance with the specifications ofithelCupertino Sanitary District where applicable. . , s . , , „; H. ' r i,�,y ,Wherever the words "State" nor "Californie'pivision pf Highways" Fare mentionedin the State Specpifidations, , ithshall, be considered as referring * the CITY„ of Cupet-411LO;, aisotti 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 Stat 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 sixth 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. QUI`I'CLALM DEED ' I It is further agreed that the DEVELOPER, when request-Ad by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. ' • 5. BONES AND OTHER SECURITY • Upon the execution of this AGREEMENT, the DEVELOPER shat ile with th- CITY a faithful performance bond to assure his full aithful performance ` this AGREEMENT. The penal sum of said fai ormance bond shall bei-. e full cost of • any payment to be ••ra•e under this AGREEMENT, the e of any lan• agreed to be •edicated, and any improvements to be's •.e under this AGREaimm . In the event that improvements are to be ma. this AH•aam. the DEVELOPER shall, in , addition to said faithful •,. - ce, e with the CITY a labor and materials bond in a penal ' ;dequa..- t assure full payment of all labor and materials require _t6 cons by, .i• ' c•rovements. The amount of said bonds shall be as d1 ignated .•. I-- City DI •ineer. Said bonds shall be executed by a surety .•, ,•- authorized to - - a surety business in the State of Californi- - • must be 'approved by th- - ity Attorney as to form and by the Ci. Engineer as to sufficiency. In - event that the DEVELOPER shall - faithfully to perform the covenants and -.nditions of this •er ma me, or to make any payment, or any dedication of 1- • or any improvem herein required, the CITY Shall1call on the surety to .- orm this or otherwise indemnify the CITY for the DEVELOPER'S failur-- t o do. H. L4 .I , ' •I . • • B. • In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the: CITY •: • 1. Cash; or, 2. A cashier's check, or a'certified check payable to the order of the City of`Cupertino; or, 3. ' A certificate of deposit; or' instrument of credit meeting the requirements of . Gciernment lode ,Section 66499 or I (c) ,, p,, C. The amount of said cash, checks, I ,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 procePdg of said security thereto. 1 D. No relPaze of surety bond, ca i 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. CHECKING AND INSPECnON r'rL It is further agreed that DEVELOP* shall pay any and all necessary direct expenses for inspection, checking, etc. , incurred by CITY in connection with said Project, and that DEVELOPa( 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) . 8. MAP CHECKING r'E� I It is -w . .. eed that 'e DEVELOPER shall eposit with CITY, prior to execution of this e-.a.,,+.Na . . fiicce checking of final map and field checking of s len a m•liance with Section 4:1 .of Ordinance No. - ised 12/04/61) of CITY, - t as set forth h , --ge 2 (Part I) . 1 •5 { 1 . • 9. •DEVETDPMENT MAINTENANCE DEPOSIT i ' — is further agreed that the DEVELOPER shall pay to the , rior • to execu- ' =• of this AGREEMENT, theiamount set forth h-r-in at Page, 2 '(Part E) as a •-•. - .. ent maintenance deposit - proper dust control and; ,cleaning ...b ing tel,,constrU period.' The, development ' maintenance + deposit may be. u -• tforyrepairs of' • defects and'; imperfectionsiarisingioutof • • eito°;'.f ,, 1 r�nsh;p;and/or materials : 1 appearing in �said'wor ing the period until)"r of the improvement bonds by the V• . Should the DEVELOPER complete the r q is epairs to the ent' - satisfaction of the CITY, the unused balance will be re ed - the release of the improvement bonds. i 10. STORM DRAINAGE r'EE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution ofi this AGREEMENT, al 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. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies requ' ed to comply with "Policy on Water. Main Extensions Work/and Deposi -" dated 9/30/77. The deposit shall be held by the CITY until said monies ar- needed to implement improvements outlined by theDirectorof Public Wor or improvements outlined within the adopted ater Master Plan. • The amount shherein 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, theNkmount� as set forth herein at Page 2 (Part G) , which amount represents theaer cost for street lights for one year, 13. THE INSTALLATION OF TREE' TREES ' I It is further agre=. •t the DEVE±OPER at such time as deemed appropriate by the Ci Engineer, plant street trees in conformance with . - the standards of - City of Cupertino Variety of tree shall be selected from the City an ,. ed list. I 14. P• • FEES , It 's further agreed that the DEVEIOPER ehall pay such fe and/or dedi•-te such land to the CITY, prior to execution, as is required 4thin " •-rk Dedication Ordinance" Number '1602,! 1972, and which is further tipulated under Part J, Page 2 herein. • ''j i , 1 I 15. MAINTENANCE OF WORK !I t is further agreed that the DEVELOPER shall maintain_Wor-k'until all dues ul the Work are corrected to corifo 0-the Plans and the City, standards ands •specific- ' fortt} or-k'.' e DEVELOPER shall, upon written notice thereof, media _- epa-- or , replace;' without cost or obligation to the Ci = - ino, liand. ttresatis£action' of said CITY, • 0- ects and imperfections arising out. of or ue o-faultty wo .51 p and/or materials appearing,an said Work'. . 16. SANITARY, DISTRICP 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 abxve has been filed. . • 17. GOVERNMENT CODE • :ecutis further agreed on of that DEVELOPER shall fi - • upon ex , substantia]-ev'•- ce that all provisions of Section 66493, Article s --m• 5 e Government Code, pertaining to •- is - -_--, en or bonds, have been • 'old=• ^ ' .r . 18. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection ' District of Santa Clara County, stating that, the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with ' • said District to insure installation and five (5) year rental fee of said hydrants. 19. PACIFIC GAS AND F.TFCTRIC/PACIFIC BELL • It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC WIT, Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all .fees required for under-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. 11 • l I ii • • 20. :EAS2 ca AND RIGHT-CF-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 asl may be required far]' 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 , e DEVELOPER or his contractor and, continuing until the completion.6f the . ' tenance of the Work, the DEVELOPER shall indemnify, hold Zress . and defe'd the CITY from and against; ariy or all loss, cost,/ e, damage or lability, or claim thereof, occasioned by or ih any way whatsoever ar ing out of the 'performance or nonperformance f the Work or the negligence • willful misconduct of the_DEVELOPER / the DEVELOPER'S agents, employees . •, independent contractors. I ' 22. INSURANCE It is further agreed .t: The DEVEIAPER shall take out, or shall require any contractor engage. to perform the Work to take out, and maintain at all times during the Ormance and maintenance of the Work called for or required to be done h- .-under, a policy of insurance naming the CITY and Members of the City C• cil of the City of Cupertino,' individ>>ally and collectively'and the o 'cars, agents and employees of the City individually and liechively, as ed. Said separate policy shall provide bodily in' and property damag coverage to the foregoing ' • named CITY and indiv'• - s covering all the Workk ' erformed by, for, or on behalf of said D m •prat. Both bodily injury and pr4oerty damage insurance must be on an • - ence basis; end said policy or policies shall provide ' that the cov-. .ge afforded thereby shall be primary cov ge to the full limit of . ability stated in the declarations, and if e city, its members of the City Council individually ; and collective) .and the . offi•ers, agents, and employees of the CITY, individua and coectively, have other insurance against the loss covered by said icy •r policies, that other insurance .shall be excess insurance only. 8 ' ' A. stadia-of said policies of insurance shall provide coverage in the following Hindman amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any • one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with ther City Engineer at or prior to • the time of execution of this AGREEc NT ,by the DEVELOPER such evidence of said foregoing policy or policies , of' insurance as shall be satisfactory to said City Engineer: Eahisuch policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at 'haat 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. PAPS AND/OR IMPROVEMENT PLANS t is further agreed that the CITY shall obtain the foll g map and/or-pans at the DEVELOPER'S expense: A. Amyl e is and seven (7) prints of fully ted parcel map. m2' P B. A mylar se 'a and ten (10) printslofexecuted improvement plans. C. A direct duplicat c silver negat' e microfilm aperature carol of all executed improvemen •lans . • map. The DEVELOPER agrees to pa we /um the development maintenance deposit the cost for all pr' s.- of plans and • required under Item 23. 24. SUCCESSORS This AG• L1iH shall bind the heirs, administrato , executors, successor assignee and transferrees of the DEVELOPER. The asst• ., ent of this Item' m shall not be made without approval by the City Counci of th City of Cupertino. • 9 • 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. li CITY OF CUPERTINO: • .Approved as to form: /iIA , Iii',• Mayor amity •ttorney �. / �► - -/ _ Ci Clerk, 7/Siier7 DEVELOPER: • Notary Acknowledgment Required red Exhibit A Attached LtN1 YL BUALffOZU I CLARA COUNTY A M COMM. EXP. DEC. 11,1990 10 • (Rev. 5/9/86)