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88-014 Gin-Lu T. Shwe, Improvemenet Agreement, Resolution No. 7459 A .CrRE•EMENT A 10656 N. BLANEY AVENUE This Ae-T made and entered into this 4th day of April , 1988 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, arra Gin-Lu T. Shwe hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application-to the CITY for a PARCEL MAP AND A BUILDING PERMIT to construct and maintain a 3-unit. townhouses hereinafter referred to as "Project." WHEEAS, CITY hereby approves the improvement plans and specifications prepared for the Ptuject by EDWARD HAHAMIAN 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, =POPE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be ra1led the "Work." 1 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Feoc, and Deposits as set forth in the following schedule: SCHEDULE OF )ANDS, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: $24,000.00 TWENTY FOUR THOUSAND AND NO/100 DOLLARS PART B. Labor and Material Bond: $24,000.00 TWENTY FOUR THOUSAND AND NO/100 DOLLARS PART C. Checking and Inspection Fee: $ 1,440.00 ONE THOUSAND FOUR HUNDRED FORTY AND NO/100 DOLLARS PART D. Indirect City Expenses: $ 216.00 TWO HUNDRED SIXTEEN AND NO/100 DOLLARS PART E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND NO/100 DOLLARS PART F. Storm Drainage Fee: $ 932.00 NINE HUNDRED THIRTY 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: $11,340.00 ELEVEN THOUSAND THREE HUNDRED FORTY AND NO/100 DOLLARS PART K. Water Main Extension Deposit: N/A • PART L. Maps and/or Improvement Plans: ' N/A 2 � • • • NOW, TBEPEFORE, 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 encmibranrPs 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 arr_Ppts offer by resolution. B. Upon execution of this AGREE NT the DEVELOPER ayiees to deliver a properly executed grant deed to the CITY of the rPa1 property described in Exhibit "A", and such other executed conveyanres, or instruments necessary to convey clear title as herein required. The DEVEIIOPhR 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. 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 DEVELOPRR'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 CI'T'Y and inaccordance 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 starcLrds, specifications, plans, sizes, lines and grades as set forth. 3 ' C. It is further agreed that the Work shall be done in arcordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in arrnrdance 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 fium 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 DEVEIDPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED it ids further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the 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. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMOT, 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 shp.11 be the full cost of - any payment to be made under this AGRE 1 , the value of any land agreed to be dedicated, and any improv ents to be made under this AGREEMENT. In the event that improv is are to. be made under this AGREEMENT, the DEVELOPERshall, in aririition to said faithful performance, file with the CITY a labor and material 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 I 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! 4 ' B. In lieu of a surety bond, the DEVELOPER may elect to secure this •r-aoIa 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 designatP4 by the City EnginPPr, and shall PFI2 bA the equivalent to that which would have been required had the DEVELOfurnished the CITY with a surety bond. In the event that the DEVEIDPU 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 depositrd with the CITY. 6. CHECKING AND INSPECTION rrr. It ils further agreed that DEVELOPER shall pay any and all necessary directexpenses for inspection, checking, etc., incurred by CITY in connecti n with said Project, and that DEVELOPER shall have deposited with CITY, pr'or to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate fLuut which said sum is calculated, the City Engineer shall notify DEVEIAPER of any additional sum due and owing as a result thereof. 7. INDIRECT ENFENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these rovements, 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 AGREEMENT, for office checking of final map and field decking of street monuments, in compliance with Section 4:1 of Ordinande No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein Page 2 (Part I) . 5 • • • 9. EVELOPMENT.MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execu ion 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 maintena ce deposit may be utilized for repairs of defects and imperfect'ons arising cut of or due to faulty workmanship and/or materials appearing in said- work during the period until release of the iqprovement 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. RM DRAINAGE rrr. It iso 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 a Page 2 (Part F) . 11. I MAIN E}QI'ENSION DENT The DEVaon further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main F.Xtensions 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 t shown herein at Part K, Page 2, shall be the full amount due. 12. ZONE 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 appiuLto by the City Engineer, plant street trees in conformance with the s,ri of the City of Cupertino. Variety of tree shall be selected time 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. 6 15. MAINTENANCE OF PORK It ids 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 s and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately rep it or replace, without cost or Obligati, n to the City of Cupertino, and to the entire satisfaction of said, all defects and imperfections arising out of or due to faulty wor p and/or materials appearing in said Work. 16. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon executio of this AGREEMENT, a letter fcum 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 executio 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. 18. CENTRAL FIRE DISTRICT Its further agreed that the DEVELOPER shall file with the CITY, upon executidin 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 hydrant"PAwnC GAS AND FCTRIC/PAlIFIC SELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electriq Company and/or to PACIFIC SELL Company any and all fees required for installation of overhead and/or underground wiring circuits to all electro]Jiers within said property and any and all fees required for - undergrounding 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 BELS, Company that said fees are due and payable. 7 8 •ATuo SDUSITSUC 55aJxe eq TTP eOuezttsut .zaggo getp. 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B. The DEVELOYLR shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVEIOPER 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 juriviiction 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. MAPS AND/OR IMPROVEMENT PLANS 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 from 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. 9 GENERAL ACKNOWLEDGMENT State of California l On this the 1 7th day of February 19 88,before me, f• l SS. 1 County of Santa Clara Sandra M. T,etha , the undersigned Notary Public, personally appeared L *,,, OFFICIALSEALG1 nlrr Tommy c1rye ' SANDRA M. LECHA' 17personally known to me NOTARY PUBLIC - CALIFORNIA proved to meon the basis of satisfactory evidence . pommel Office In Santo Clara Count to be the persop(s)whose names) is subscribed to the y Commission Expires April 29, 1991 within instrument,and acknowledged that he executed it. ~ M WITNESS my hand and official seal. / otary's Signature E-47 • ••i . IN WITNESS WfEREOF, 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 DEVELOPEK has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO: Approved as to form: •r AleCity Attorn-C . / ' -de • City Cies, - DEVELOPER: Notary Acknowledgment Required Exhibit A Attached { 10 (Rev. 5/9/86)