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88-015 David and linda Iwahashi, Deferred Agreement, Resolution No. 7341 g /o ma • %NO FEZ IN ACCORDANCE K 490 PAGE 148 9646547 WITH COV CODE 6103 FILED FOR RECORD, AT REOUESTIOF,'$ RIII€9 L NO FEE CITY OF CUPERTINO An 110 m An '00 RESOLUTION NO. 7341 OFFICE•!. RECORDS SANTA CL RA COUNTY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO LAURIE DERE AUTHORIZING EXECUTION OF DEFEREED AGREEMENT WITH RECORDER DAVID S. AND LINDA G. IWAHASHI FOR THE IMPROVEMENT OF FRONTAGE ALONG CRESCENT ROAD WHEREAS, there has been presented to the City Council an agreement for the improvement of the street frontage along Crescent Road by David S. and Linda G. Iwahashi; and WHEREAS, said proposed agreement contains provisions for the con- struction 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 ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of October , 19 87 , by the following vote: Vote Members of the City Council AYES: Sparks, Gatto, Johnson, Plungy, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ W. Reed Sparks City Clerk Mayor, City of Cupertino THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS.ATRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICIr. CITY OF CUPERTINO City Clerks Department ATTEST 10300 Torre Ave. Cupertino, CA 95014 CITY ER' OF THE CITY DF CUPERTINO (408) 252.4505 iff CITY cLEoK K 490PoGE 149 AGREEMENT CRESCENT ROAD This AGREEMENT made and entered into this U day of , 197)7, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated G- as CITY, and DAVID S. & LINDA ¢. IWABASHI hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER,has made application to the CITY for A BUILDING PERMIT to construct and maintain 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 agrees 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 conditions of development approval; and Page 1 • WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as stet forth in the 150 following schedule: K4PAGE 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 F penses: Deferred PARTE. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: PAID PARI' 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: PAID PART L. Maps'and/or Improvement Plans: Deferred Page 2 • • • • K 49OPAGE 151 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between . e parties hereto as follows, TO WIT: 1. _ DEDICATION A. The DEVELOPER offers to dedicate the real p .• shown on Exhibit "A", which is attached hereto and made - •- hereof by reference. Said dedicated property shall be free and cl--. of all liens or enamibrances except those which the CITY shall wai -- in writing. The DEVELOPER agrees not to revoke said offer of dedica on, and to keep said offer open until the CITY accepts offer by resolut' -• . B. Upon execution of this term i- the DEVELOPER agrees to deliver a properly executed grant deed to 4e CITY of the real property described in Exhibit "A", and such •ther executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the I m %•r 'S sole cost and expense, to the City: (1) A preliminary e report issued by a title insurance company relating to . e property offered for dedication. (2) A s - • policy of title insurance issued by a title insurance •.iipz and insuring the CITY in the sum of: N/A and which •a 1 show said property free and clear of all liens or enc mbran'-- except those as the CITY shall expressly waive in writ' • said policy shall be furnished at the time of acceptance of d- cation and recordation of deed. Upon the condition precedent that the DEVELOPER shall perfo --oh and every covenant and condition of this AGREEMENT, the CITY a• (=-- to accept said real property offered for dedication. Wu/AY� �J/ INSTALLATION OF WORK $c0110r 11 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 ccunplete 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 • K490pAGE 152 • 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: ® 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. (I(4) QUITCLAIM DEED It is 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 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 AGREIIENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal stmt 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. 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JNDDSFD ag; Lp. M pa;Tsodap I4Tanoas Sue uo ped eq TTetls ;seas;ut oN 'S "IT0m0D LTJ eq; ;o Tenozdde uodn ;deoxy epee eq TTetls ';Tsodep ;o a;eOT;Tgzeo 10 'xoago '4Tsodep tlseo 'puoq /gams ;o eseaTaa ON 'a 'o4azatp. S;Tanoes pies ;o spaeooad atl; STdde Sea Aim em-. 'perTnbaz uTazatl s;uauanozdurt Sue ao 'puPT ;o uoT;eorpap Sue ao 'gu&JISed Sue 93[0.11 04 ao 'SOLEI sTg4 ;o suompuoo pie s;ueuanoo am; mzo;sad o; STTn;u4Te; TTP; TTS 2 3donaaa atlq 4etl4 guava am; uI 'Puoq S;azns a tl}TM WSJ aria. PatlsTuzn )t RCIIASQ ett} pe4 parrnbaz u994 aAeg poi tlpTgM ;PIP o; 4uetRATnba eti. eq TTS pup 'zaauTEu3 53T0 amq. Sq P94eubTsep se aq TTS ;Tram ;o ;ueunu;s¢T ao '4TsodaP ;o eqeoT;T4aao 'sfoew 'mss pTes ;o ;undue attl, '0 . (0) ao (q) 66 '99 uoTgoaS epos ;uauunano0 ;o s;ueu xtnbaz am; buteeut ;Tpazo ;o 4uaumsgsuT ao ';Tsodap ;o a;e°T;Tgaao K 'E 'ao outgzadno ;o S;TJ atl; ;o zapzo aq4 0; aTgeRed )jOatlo PeT;Taaae ao 'Noago s,zaTgseo Ei 'Z 'ao :tjse3 't :WSJ egg u;TM bur;isodap Sq yeti sTp4 aznoes o; goe- e Sea Egr-ICtSASQ etl; 'puoq Sgazns ego naTT tri 3QVd O 6 V • 8. DEVELOPMET MAINTENANCE DEPOSIT K 4 9 O PAGE 154 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 by 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 DEVELDFilR complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. pA 9A. STORM TZUOSP _E lest It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGRESIT, 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) . lPAYD 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 (PARI K, Page 2) . 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. 011e 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 from the City approved list. 11/43/A 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. 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EASEMENTS AND RIGHT-OF-WAY K 49 °PAGE 156 MEN It is further ayteed 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 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. 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 from 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 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. 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 • K490PALE 157 . . 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 awn 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 maps will be furnished within one month following recordation 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 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 completed within one (1) year thereafter, or in the absence of such notification, no later than five (5) years and six (6) months rs un the date of this AGREEMENT, the following improvements: Asphalt street with aggregate base, water lines, storm lines, street lights and miscellaneous approtenances as stipulated by the Director of Public Worsk. An adjustment to equalize the street frontage shall be made in accordance with the Municipal Code. Page 9 • K 49OEtGE 158 Until such notification is made by CITY, or such time has elapsed, Sections numbered 2,3,4,5,6,7,8,10,11,13 and 17. 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 feasible to secure the installation and construction of the improvements. 24. SUCCESSORS - RUN WITH LAND 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 CUPER TIO: Approved as to form: AlA OP' I �`'uc v .. bid �7 Mayor City Att.�y Ci Cler 1 , 1 DEVELOPER: kS . .ALL • All signatures require notary acknowledgment. Exhibits A and B Attached Page 10 (Rev.3-1986) • K 490pAGE 159 STATE OF CALIFORNIA ) ' AA. -t On his fit" day o6 Za � e--,, ..in the. . COUNTY OF SANTA CLARA 1 yeah. o6 Orme 11iowsa Nene Nundmed and. f7 , be6ome • 1 ame. N an /' Pu tin an 6o the County o6 Santa Ctama State v6 Cati,6onntl.a, nus.id.inig .thertei-n, duty coom.is- . Atoned an AWomn, pemdonaeUy Opened : _ ccsocn6x�cx annincAec:knamagconec noes, • ----1�� �. s4,,e-- . OFFICIAL SEAL - pend y nown to me tom pnoved to me on the (moth O06 AnN Lucille Campagna-Blaise Aatt66actolttf evidence I I Lava e No.?0 y3 - 4 fd.--7?? .•.. •. NOTARY PUBLIC-CALIFORNIA g t0 be the penton whoee name. AA eubdcribeed .t0—be .(1e • • • DA.-41.A CLARA COUNTY g peneon udtode name £d Aubden.ibe.d to th.ih inetAuntent, and 2 My Commission Expires Jan. 13, 1989 g achnowtedged that _he_ executed U. .c CAJG:C9GA9GU .(9G%�G19 .`GV`GSG(9:UCC')GX9 Gt.- i. cvcy• uTEic, St o Ca.e,i6onn.Ea My communion expiked /3., /9'ty • . • • Section 118.9, Acknowtedgement, Amended • • s I . • • 1. STATE OF CALIFORNIA 1 ' AA. On th,ib�a ' day o6 ,,a , .in .the COUNTY OF SANTA CLARA ) ' years 06 One ikowsand Nine 9 undmed and. f7 , be6one the g • ..- ;a,.- - ' .+.. • ' a - any a '.cc .t.n an,' o to Coun y o6 San Pnin . 'State 06 CaCJ.6omn.ia, .e'.Ld.ing tltehei.n, duty connnih- • e-ioned and biuonn, peMonatty, ajipea/Led • _�L ,� . o. ' . — cA�cc�cA9cx9cA9G,L9cx�cA9Gx9cc9cc9GA9GE�cc9Gc��,' � OFFICIAL SEAL: a . peh.dona. y nown to me Ica pkoved- to me on the basiA o6 c•:. ,s • Lucille Campagna•Blaisedatib6actony evidence I ILieettde No./12.17,-57.6r e..-, I !_ , NOTARYPUBLIC-CALIFORNIA a to he the python whoee name A'A Atam Oibed tbTieThe ,.,;•0A LLARA COUNTY g peh50n 0104 1101/le .Ld Aubdcn.ibe.d to th.iA .in(.tAument, and My Commission Expires Jan. 13, 1989 8 aclutow.eedged that _he executed .it. •o matnG.U,GRJCVGUGUGCnaincr 9CC9cwmo,... L/J�J. G / -/�J-- /�C..s>t . , y• Qb.Cic, `Stat, o6 aLi.6omn.ia My conmtts4.ion expikee ad..., /3, /ftp e7 Section 718,9, Acknowledgement, Amended • K 49OPGGE 180 / • EXHIBIT " A " (i of 2) A strip of land 10' in width, measured at right angles, the westerly boundary of said strip being the easterly line of Crescent Road (40' in width) as said road is shown on "Map of Russellhurst, Monta Vista". Said strip being 25' in length more or less along the ' full frontage of Section 7 A as said Section is shown on "Map of Russellhurst, Monta Vista". I -' ' I r K49OPtkGE 161 . k E-0-1\c3tm A • • (2 of 2) i\O 9 1 1 40' I I I N.51°3V E. 1 ti1=401 'o.o o' -1 a _ x o `J.riN.o`\ � N - - �� I 1 ` c 1 49 n ...s.59°3&'w. LI 10,00' I X- ( , (Q I j fr B �6,� 1 7 „-.) I F— I 2 o I L1.1oQ I (3 1 •w a U SYHIZ3IT vA" "PLAT To ACCoMpAN`f • RoA DWAy DEDICATION • • - • : - - °Fr-ester 'K49 °PA H 162 EXHIBIT • " B " Sections 7 and 7 A, as shown upon that certain map entitled: "Map of Russellhurst, Manta Vista" which map was filed for record at Santa Clara County Recorder at Book P of Maps, Page 22 on April 11, 1917.