87-033 Reed Sparks and Joan Sparks, Improvement Agreement, Merriman Rd •
c_..____y= Citi of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408)252-4505
September I, 1987
Reed Sparks
c/o State Farm Insurance
1275 Piedmont Road, Suite C
San Jose, California 95123
IMPROVRENT AGREh W - MERRIMAN ROAD
We are enclosing to you for your files and information one (1) copy of the •
Agreement by and between the City of Cupertino and Reed and Joan Sparks,
which has been fully executed by City Officials, along with one (1) copy
of Resolution No. 7284, which was enacted by the City Council of the City
of Cupertino at their regular meeting of Monday, August 17, 1987.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF UJPERfiNO
cc: Department of Public Works
//lr
AGREEMENT
MERRIMAN ROAD
This AGREEMENT made and entered into this / 7-`="--) day
of (/-47w. , 19/7 , by and between the CITY OF
cUFERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and REED SPARKS and JOAN SPARKS
hereinafter designated as DEVELOPER.
W I T N E S S E T H
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 AMERICAN DESIGN AND ENGINEERING
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."
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` WHE=REAS, 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:
SC} LE OF BANGS, FEES AND DEPOSITS
Street Improvement Category: 3 (980-206.44)N/A
PART A. Faithful Performance Bond: N/A
PART B. Labor and Material Bond: N/A
PART C. Checking and Inspection Fee: N/A
PART D. Indirect City Expenses: N/A
PART E. Development Maintenance Deposit: _ N/A
PART F. Storm Drainage Fee: $ 289.00
TWO HUNDRED EIGHTY NINE 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: (81-04) $3,404.00
THREE THOUSAND FOUR HUNDRED FOUR AND NO/100 DOLLARS
PART L. Maps and/or Improvement Plans: N/A
PART M. OVERLAY: $1,984.00
ONE THOUSAND NINE HUNDRED EIGHTY FOUR AND NO/100 DOLLARS •
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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 a part hereof by reference.
Said dedicated property shall 'be free and clear of all liens or
encutbrances 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 req ired. 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.
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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 - (OVERLAY BY CITY)
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 fiuin 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 worlananship meets the standards,
specifications, plans, sizes, lines and grades as set forth.
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• 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 •Departsnent 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. QUITCLaDI D
It is further agreed that the DEVELOPER, when requested-by. the CITY,.
shall quitclaim all his rights and interests in;:Tand_shall. grantrto CITY«-
- • authorization to extract water from the-underground -strata- lying beneath -__T_____
- 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 (N/A)
_ A.- Upon the execution of this AG LENS T,_;the DEVELOPER shall:file
with the CITY a faithful performance bond to assure his- full and- faithful -
performance of this AGREEMENT. The penal sum of said faithful performance
bond shall be the full cost of - any payment to be made under this
AGREEMENT, the value of any land agreed to be- dedicated, and any
improvements to be made under this AGREEMENT. In the event that
' improvements are to.be made under this 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 maid-_ , n_
__
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 offt __
' this AGREEXENT, or to make any payment, or any dedication .of_land,- or any
improvements herein required, the CITY shall call on-tha.surety-to perform--
this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S -failure
to so do.
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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 Government Code Section 66499 (b) or - --
(c) .
C. The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as c9Psignatc by the City EnginPar, 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 releaGe 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 raid on any- security depositPci with the
CITY.
6. CHECKING AND INSPECTION rrr _ _ -
It is further agreed that DEVELOPER shall pay_any and all- necessary
direct expenses for inspection, checking, etc: , inured—by CITY in - --
connection
connection with said Project, and that DEVELOPER shall have deposited with
CITY, prior to execution of this AGREEMENT,_the;amount,,as-.set
at Page 2 (Part C) . Should construction cost.vary--materially fium -the-
-
the-- =- estimate fivuc which said sum is calculated; the.CityEngineer shall notify
- DEVELOPER of any additional sum due and owing as_a result-thereof:L.-
7. INDIRECT EXPENSES _ - == :
. It is further agreed that DEVELOPER. shall: pay ;to. CITY- ---prioryto_ .
execution of this AGREEMENT, indirect expense allocable 'to="processing ' :-
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. NAP CHECKING iE (N/A) - - - -
- 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) . -- -
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9. DEVELOPMENT MAINTENANCE DEPOSIT
• It is further agreed that the DEVELOPhR shall pay to the CITY, prior
--
to execution of this AGREIIMNT, 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. -- - - -
10. STORM DRAINAGE tt
It is further agreed that the DEVELDPt:R 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. WATER MAIN EXTENSION DEPOSIT
The DEVEIOYhR 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. amount .
due. - - -
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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 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
apprupriate by the City Engineer, plant street trees in conformance with
the standards .of the City of Cupertino. Variety of tree shall be selected
Li um the City approved list.
14. PARK FEES - .
It is further agrccd 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. -- . . .:
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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 _ -_ -
workmanship and/or materials appearing in said Work. - _ - - -
16. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, a letter 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 assessments or bonds, have been complied with.
18. CENTRAL FIRE DISTRICT —' -V- -
It is further agreed that the DEVELOPER, shall file with the CITY, upon -
execution of this AGREEMENT, a letter ficw the- Central_ Fire Piotection
District of Santa Clara County, stating_that_ the _DESELOPER bas_ 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
hydrants.
19. PAC"LB'1C GAS AND FTFCTRIC/PAciriC BELL _ - -
it is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PALLPIC BELL Company any and all fps 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 PAC1r1C BELL Company that said fees are due and payable. _
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20. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any (=cement 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 (=cement 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,
engineoring, 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 ayieed 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 fium and against ariy or all loss, cost, expense,
damage or liability, or claicl 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 (N/A)
It is further agreed that: The DEVELOPER shall- take out, or shall
require any contractor engaged to- perfornrthe—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,-1_
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.
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.
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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. _ -
B. The DEVELOPER shall file with the City Engineer at or prior to - `
the time of execution of this AGREEMENT by the DEVELOPER such evidence •
of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least ten (10) days -
advance notice thereof.
C. In the event that the Project covered herein should be mutually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CITY shall equally apply to
municips1ity and political subdivision.
23. NAPS AND/OR IMPROVEMENT PIANS (N/A)
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 flew 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. _ _-
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GENERAL ACKNOWLEDGMENT NO.201
f�?lele+.rlrir. -0.1.-/-.crr rr -0--,--"-_Cr r_r r .rrrrrrrer rrr rrrrrrrr -.Cr rrr rrrr-e"."....- •
State of /�{f/el ie1/ 4-c� 1 On this the/D day of ( a4� 1941efore me, ICounty of✓I /// L� ( SS. ,. / /f -
J the undersign•d Notary Public,personally appeared
'!?ead ra/tkS aHo� ` voo7h �fk1, 4
1 GraXjersonally known to me 00
GXDUDLocc9s scxecc9c9cLesxsccecc3 0 proved to me on the basis of satisfactory evidence U
:. " OFFICIAL SEAL to
to be the person(s)whose name(s) a K' P subscribed to the
'� qq� t3 Dorothy Marie Cornelius ' within instr ••• t,and acknowledged that �Y ._executed It.
ti..., $t'i._ NOTARY PUBLIC• /
CALFORNIA w WITNE my h.nd and official seal.
I SANTA r CLARA COUNTY a / /'�1 A �
G My Commission Expires April� NDN9COM � 1, 1988
cvct9c1Dct94.1.9i Notary ignature V
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•
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: „Le ",
Mayor
City Attorney IS Ara,.
Ci Clerk r
-- -
- --- DEVELOPER:----
Notary Acknowledgment Required /tr i` VY//e-A--
Exhibit A Attached
r - -
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r 10
(Rev. 5/9/86)
..
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EXHIBIT "A"
STREET DEDICATION
Being a portion of Lots 60 , 61 and 86, "Map of Inspiration
heights Monta Vista" , filed on April 11, -1917 in Book "P" of
Maps, at Page 13 , Santa Clara County Records, more
particularly described as follows :
BEGINNING at a point in the centerline of Merriman Road,
Formerly Alhambra Road, Distant thereon Due North 192 .16
feet from the point of intersection thereof with the
centerline of Santa Lucia Road as said Alhambra Road and
Santa Lucia Road are shown upon said Map; thence leaving
said POINT OF BEGINNING and said centerline of Merriman Road
Due West 20 . 00 feet to the TRUE POINT OF BEGINNING; thence
leaving said TRUE POINT OF BEGINNING Due South 95 .25 feet;
thence along a tangent curve to the right, the radigs of
which is 20 .00 feet, through a central angle of 135 08 ' 30" ,
having an arc length of 47 .17 feet; thence along a line
parallel to and 20 . 00 feet distant from the centerline of
Santa Lucia Road North 44° 51 ' 30" -West, 154 .28 feet; thence
—Due East- 14 . 11 feet; thence along a line parallel to and
30 . 00 feet distant from said centerline of Santa Lucia Road
South 44° 51 ' 30" East 120 . 10 feet; thence along a tangent
curve to the left, the radius of which is 20 ..00 feet, _
through a central angle of 135° 08 ' 30" , having an arc - -
length of 47 .17 feet; thence along a line parallel to and = _
30 . 00 feet distant from the centerline of Merriman -Road Due
North 71 . 03 feet; thence leaving last said parallel -line Due
East 10 .00 feet to the TRUE POINT OF BEGINNING;
Containing 0 . 073 acres more or less. -