Loading...
87-054 Steven C. Thompson & Norine D. Thompson, Improvement Agreement, Old Cupertino Rd Resolution No. 7330 ARTEAim Miry HALL NO -• E 11 AccORDANC 94 2225 / 10430 S.:DeAnza Blvd Wpm 60 CODE stow / Cupertino. CA 95014 \ AGREEMENT K338PAGE 343 1 OLD CUPERTINO ROAD • This ACRE NET made and entered into this 12th day of October , 1987 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and STEVEN C. THOMPSON & NORINE D. THOMPSON 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 RESIDENCE 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 agraen to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer 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 guarantees as outlined herein to assure compliance with corgltions _ of development approval; and 9482225 233;-= n3 ~ (2 ID`— ® r-iT ry -irn Pete C173.-du'" ® m-ri �P Oma'- o ism cO (b ORIGINAL Page 1 asao� co c - - isz m= o o v, GIs = �a K 339P4GE 344 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: • SCBEE LE 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 PART E. Development Maintenance Deposit: Deferred . K _ PART F. Storm Drainage Fee: - "Deferred a;rtr?a_= PART G. One Year Power Cost: Deferred PART H. Street Trees: By Developer PART I. Map Checking Fee: Deferred PART J. Park Fee: Deferred PART K. Water Main Extension Deposit: $800.00 EIGHT HUNDRED AND N0/100 DOLLARS PART L. Maps and/or Improvement Plans: Deferred Page 2 • NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the • parties hereto as follows, TO WIT: K 3 3 PAGE 345 1. DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication. (2) A standar-, 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 arrrptance 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 arrrpt 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 ordinanrns 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 • • K33SPAGE 346 C. It is further agreed that the Work shall be done in accordance • • with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and • in accordance with the specifications of the Cupertino Sanitary District where applicable. • Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District _shall take precedence over and be used 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. QUITCLAIM DEED - _ It-_is,further:agreed that the DEVELOPER, when requested by_;the_CITT?:_ ... ::- :.17, shall quitclaim all his rights and interests in, and shall grant- to CITY- - - -- authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER SECURITY - 'A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any 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 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. Page 4 • i K 339past 347 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 instnmient of credit meeting the requirements of Government Code Section 66499 (b) or (c) • C. The amount of said cash, checks, certificate of deposit, or instnmment of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVEIO1-thIL 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 relPace 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. CHECKING AND INSPECTION r•Et. further agreed that DEVELOPER shall .pay- any_,and-,all necessary-a ' 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 twat 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 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) . Page 5 • K 339?.GE 348 8. DEVELOPMENT MAINTENANCE DEBIT 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 rrr, 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 DEVELOPLR 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 .thele:adopted,;Water:--Master.-;_-: - ' Plan (PART K,-Page 2) . r- _ 10. 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. 11. THE INSTALLATION OF S1ltr;E2 TREES It is further agreed that the DEVELOPER shall, at such tine 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 L abed esigeAed pue snp sae see; PTS getiq iieE °TMToed zo/pue Aueduroo °Tz40al5 pue see oT;toed au}. zo xaautbug A3TO attg zatigTa Aq pat;Tgou sT N7,iOTlA2G trat4M AMID ;o T££ 'oN aoueutp10 uT papTnoad se buzpunox&apun zo3 PanTnbez sae; tie pue Aue pue Aazadazd pies uptpTM sxaTT0-1goal1 Tie og s.Tnorto buTaTM punazbxepun zo/pue peattzano ;o uoTgellegsuT zo3 Pawl:ea boa; ire we Aue flea oT;Toed og zo/pue Auedwoo otzgoal5 Pue see 0T;Toed og Aed Tim uadommaa suq 4e113 paazbe asq;zn; sT 3i arias OTATfyd/OT&Ipartn GIN SVD OILIOVd '81 •e gTssod agep 4s9Tlaea ati3 ge but4116T1 gaazgs zo; zlMod DTzgoala ;o uoT4eilP3sut el-14 zo; Aldde Tlegs 2iadOIaASU 91.14 4e14; paeabe am/4=g sT 31 Dk LPDA S,32ELS 'LT •s uezpAr4 pies ;o ea; leguaz zeaA (g) anT; pue uotgellegsut aznsut og 40Tz4sTu PTes W3TM pa3Tsodep meg Snell see; Azesbaoau Tie getlq bu?gegs we goacozd Pies anzas 03 sguezpAti eaT; TTegsuT og goTzgsTQ pies ti3TM yinEv US ogtr[ pea-aqua seri 2fld0IIAaa aqq gegq bulge;s 'A4uno3 e-TTO Eques ;o goTzgsTQ - uotgoegozd azT3 Tea-qua0 stilt mux; zaggal e 'J 7y sTgg ;o uoTgnoexe uodn 'AMID Ott; tt3TM STT; TTS NirTOlama art; gegg paazbe aelfla t; sT qI SoRILSIQ 52E3 mama) '9T '144-114 pa 1duub ueaq aneq 'spuoq zo squaussasse leToads oq. butuiegzed 'epo0 queuuuzanoe al./4 ;o 4 xegdetO '8 9To?4-1y '£6499 uoTgoas ;o suoTsTAozd ire 4v44 SOUBPTna leTguegsgns 'ybED.,y sTtt} ;o uoTgnoaxa uodn 'AMID tttTM SIT; TTS 2IId0IIAal gegq paex5e zeq.zn; sT gI 5400 IN AINaMOe 'ST 'tau; uaaq Sell anoge £T tidezbezed uT tp.xo; gas se suoTsTAozd art} tt;TM eoueuczo,;uoo uT xaMas AzegTues pies ;o aoueuaguteut aznsuT og pue szaPas Aze.Tues pies atilt ;o uoTgnnagsuoo atilt ;o eoueutzo3xed in;ti.Te; Pue it; aansut 04 puoq e gegg bu?4e3s pup goacozd Pies uTM1TM S30i TIP 5A199 og Sz9MOs Azegtues TiegsuT og PPTagsTQ pies sqg tt.TM agezedes e oguT pezagus sell Md0IIA21 eqg 3Et43 bu?ge:.s 3°T1sTQ AaP4Tues oupsadn0 Sip. ma; xe3q.e P 'INey sTtiq ;o uoTgnoexe uodn 'AT.T7 ti3VM STT; ibis HadOnASQ sqq ;egg peazbe zatpzn; sT gI =US= AEVIINVS 'VT 'xzoM pies uT butzeadde sleTzageut zo/pue dtgsueunizoz Aglne; og anp zo ;o gno buTSTze suoTgza;zadurT pue sgoe;ep lie 'AMID PTes ;o uoTgoe;stges aztgue aqg og pue 'ouTgzadn0 ;o AgTO atilt og uoTgebTlgo zo gsoo gnotp.TM 'eoeidaz zo xTedaz Alagetpauut ';oa egq. aoTgou ua4.3TZM uodn 'TTegs d3donA5Q arty 'xzoM art} zo; suoTgeoT;Toads pue spzlpuegs AATO atilt pue sueld atp og uzo;uoo og pegoazzoo Sze xzoM 9114 uT seT0uaT0T39P Tie TTqun xzoM atilt ureguteut TTS E3d0"IIA20 at; gegg peazbe zatpzn; sT 31 NUc*4 30 SONFIlIISN1611 'CT CFC 39Vd6C8N g abed '000'00Z$ ups sset you 3o gturrT agpbazbbe ue ggdm aolmmmucco auo Aue 3o gun000p uo 000'09$ 'ebpmep Agzadazd 'eoueazrcoo mppa 000'00ES :uoszed mops 000'00TS 'AznCut ATtpoq zo3 :sgunaue uuvuputm buttioTTo3 aqg uT abazanoo eptnozd Timis eoueznsut 3o seToTTod pts 3o gop3 'V •ATuo eoueznsut sseoxe eq flats eoueznsut zaggo gpgg 'PeToTTod zo AoTTod pTPs Aq pazanoo ssoT egg gsutebp SOUaXnsut .aggo 9Aeg '2CTantgoeTTo0 pue ATTPnpTATput 'MID egg. 3o saeAoTdma pup 'sguabp 'szaoT33o egg we 'ATeATgoaTToo we ATieuPTAWrc TTounoo AgTO amg 3o szagmam sgT 'AgTO egg 3T pup 'suotgezpt°p agg uT pegsgs AgTTT07I 3o ;T0TT in egg og ebezenoo Axeurcad eq TTegs Agaaamg papzo33p ebtaanoo am; gap aptnazd TTegs saToTTod zo AoTTod pips pup :stseq eouazznaoo UP uo eq gsnui soueznsur abpmep Agzadozd pup AznCur ATTpoq ggoa 2aacamsc pips 3o 3Tp t uo zo 'zo3 'Aq pauuoOzad xzoM agg TTP burzanoo sTpnptntpur pup MJI0 peuieu burobazo3 am; og abpzanoo abpmep Agzadozd pup AanCur ATtpoq apTnazd TTpgs AoTTod agpzpdas ptes •paznsut se 'ATantgoaTToo pue ATTenpTATpuT AgTO egg 3o aadAoTdme pup sguebp 'szaot33o agg. pue 'ATaAT4oeTT00 pup ATImPTATpuT tounzadro 3o AgTO amg 3o TTouno0 AgTO egg 3o szaquraut pup x,T,T1 am; btTmeu aoueznsur 3o AoTTod p 'zepunazam auop eq og parrnbaz zo zo3 peTTpo xzoM agg go paupuagurem pup eouemzo3zed egg &wino seur[g TTP gp urpgutpm we -4gtw_ a 0.=;og7-xzoM.-ate} uuo3zad og pebPbtia zogoezguoo Aue azmbaz __... - - Tregs -z0 -'gno a g "TTpgs 2IIaUIIA2Q at :gpgg paazbp zagganj sT gI SDNHNf]SNI 'IZ •szogopzguoo guepuedepuT pup saeAoTdme 'sguebe S,N'ITMEA3Q agg zo EadOIIA20 amt. 3o gOnpU0OsTR. Tn3TTTM zo aouabtibau egg zo xzo4 egg go eoueuuojzaduou zo eoutmaggaed agg 3o ;no bUTSTaP zeAe0s pgM APM Sue uT zo Aq peuoTse000 1309z-egg mTPT0 zo 'AgTTTgeTT zo ebeurep 'asuadxa 'gsoo 'ssoT TTp zo Sup gsutpbe pup mDz3 Aim egg pue;ap pup ssermzeq pToq 'A3TTnapuT 'amp Aaamanaa am. 'xzoM amg 3o eoueuaguTpm egg 3o uotgaTcliuoo egg. TTgun burnutguoo pup zogopzguoo stq zo 2Sd0IIA2Q egg. Aq NzoN egg 3o aoueuuogzad egg- gpTM & rouaumroo 'gp[t} peazfe zagging sr gI SS-1 1E QIOH '03 •oupzadno 3o AgTO agg gpTM pagtsodap eq TTegs ezzrbez Seam um egg se sgunoure aTgpuospaz mons uT sgsoo TeguapTout zag}o pup 'buTzeauTbua 'sgsoo pup sea; net zo3 pazmbaz eq Asa SP sums mons 'ogazamtg uoTgLppe uT gegg paptnazd zagging sT gi •Aup 3T 'sabemep aaupzeAes zo3 aoueraoTTP atgeuoseaz P aq TTegs urns pTus uT papnTouT eq og pup umreg eq og pasodozd pue egg 3o amen axiom aTgeuoseaz egg bupaAoo urns p MID gPTM gtsodap TTpgs 2adUIIA2Q agg inn IAPM-go-gu5tz pup guaurased otos burznoes 3o asodznd agg zo3 7,S,I0 egg Aq pazTnbaz axe sbmnpeeooid urpmop gueuTma guava amt . uT gpgg 'zenamog 'pepTAozd sT gI 'esuadxe pup ;sop uPo sTm gp 2IId0IIAaa egg Act pazTnboe aq ITEMS goacozd agg 3o uoT;aTduroo • zo3 Axesssaoa(u ApM-3o-ggbtz p e guaurasea Sue inn pn'7Fe zagging sT gI o G 39/d 6 G H AVM-30-11•0121 QNV SLN3I2S63 '6I • K 339FM E 351- • 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 municipality and political subdivision. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER 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;microfilm' of tinaps -will be . furnished within one month following recozdation'at.the County -of' Santa "" Clara. It is also agreed that the sepia, prints and microfilm 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 IDEVELOPER 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 completed 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 AGREE €NT, the following improvements: • Page 9 K 339PASE 352 • Until such notification is made by CITY, or such time has elapsed, Sections numbered ' are hereby deferred. The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is fpacible 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 i) the day and year first above written. -- CITY OF CUPERTINO: Approved as to form: ,-- 0r. t .n Mayo " f yIn 7 21 Attorney r ✓ 7 i. \ , DEVEL`OPEf`J _7;0 I lest. I itatitair • All signatures require notary acknowledgment. Exhibits A and B Attached Page 10 (Rev.3-1986) ' STATE OF CALIFORNIA On this 15th day of September in the year 19.$7 ss. before me, S COUNTY OF Santa Clara Helen K. Yates a Notary Public,State of California, duly commissioned afid sworn,personally appeared `i np40f1000G0 „$teven.c.,,Thempson and Norine D. Thompson eoeoeoe nOtteteteeot OFFICIAL SEAL personally known to me (or proved to me on the basis of satisfactory evidence) to be p St. HELEN K. YATES the person.$..whose name S \.- 4ir 5 ' :. ) NOTARY PUBLIC-CALIFORNIA 4 subscribed to this instrument,and acknowledged that. . .the Y. . . executed it. 2 •�+' SANTA CLARA COUNTYIN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal p2 My Commission Expires May 10, 1991 a in the city of Cupertino County of a eacxl'comc+ocncececa L1LH6'Ua ek rac9GC Santa Clara on the date set forth above K3 3 9 PAGE 353 in this certificate. / Ti.documMl n Ort"/a 9ane15 lobs,MM may to paler fa use in simple li nfaCtees and no an n.a .or is mmto intendedad,as a substitute la mama e errata on an anney. printer Wes ret otary Public,State of California a make any warranty.oalae express a impbed as to mof e legal validly tiny p'vesaa the a May 10, 1991 ma f Tomeelama N a"apecae tm ti,n. My commission expires Cowdery's Form No. 32—Acknowledgement to Notary Public—Individuals—(C.C. Sec. 1189)—(Rev. 11831 The land referred to herein is situated in the State K 339 PGGE 3 5 4 of California , County of Santa Clara , city of CUPERTINO ( and is described as follows ) K 0966 PAGE 31:2 PARCEL ONE : The Westerly 75 . 12 feet , front and rear measurements of Section 7 , as shown on that certain was n Map entled , "Map aprof Inspiration Point Monta Vista" , which Map • -43 record in the office of the Recorderof the County of^San a S Clara , State of California on April11 , O 00 .0 dO of Maps , at page (s ) 18 . m a y PARCEL TWO: 9 � 9?' East 25 feet of Let 7 , as shown on that certain Map entitled , -- "M.ap of Inspiration Point , Monte Vista" , which Map was filed O 0 a� of 7 for record in the office of the Recorder or1 ,h1917uinyVolume ' � a9.. Santa Clara , State of California on Aprilf ? nPn of Maps , babe 18 . - I 326-50-028 13120 . PH/OS/bf • ( A) 326-50-28 12-12-80 ..;-,Hinnt • 2 I i i • K 339PAGE 355 RESOLUTION NO. 7330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPE TINO AUTHORIZING EXECUTION OF DEFERRED AGREEKRIT WITH STEVEN C. THOMPSON AND NORINE D. THSON FOR THE IMPROVEMENT OF FRONTAGE ALONG C[JPERTINO ROAD WHEREAS, there has been presented to the City Council an agreement for the improvement of street frontage along Cupertino Road by Steven C. Thompson and Norine D. Thompson; and WHEREAS, said proposed agreement contains 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 are hereby 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 said agreement with the Santa Clara County Recorder. PASSED AND ADOr1L1) at a regular meeting of the City Council of the City of Cupertino this 12th day of October ,1987 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None • ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ W. Reed Spdrks„ ' City Clerk mayor, (+1 ao,T/TH E City TH15 RJ TU"E C9 �NITHIN INSTRUMENT1 'ATRU AS IN R O.rFCCTCO E. OF THE OlRIGINAL' q yF}Z. - , e x 1 rsRTINO CITY CI.. I<�,F_JF TF:jt„