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88-063 Bruce I. Bonfield and Deborah C., Improvement Agreement Parcel Map and Building Permit; Deferred Undergrounding Agreement at Stelling Rd and Kirwin Lane9SE?Z387 -l'\ .' ....,.efurn to: No jilt!: IN ACCORDANCE \~l:T'( OF CUPERTINO WITH 60" CODE 6103 fbSQO Torre Avenue {:c·pertino. c"1J.. 95014 RESOWl'ION NO. 7614 A RESOWl'ION OF '!HE CITY CXXJNCIL OF '!HE CITY OF aJPERl'lNO 0I'r-1C1>l. ~!WO~!)S'~· lIIlTHORIZING EXEaJI'ION OF AGREEMENT BE:1WEEN '!HE CITY AND s,l.lfi.l. C','>'!)A covH'r'( .".".,....,. I AND ,,"""",., • .,. C "".-.=n ..."."."n-TVno"... ""'" "..,..., L,\ "'1IF. I \,AN r; .r.>ALi'-"<. ~ ......... '1& ............ , "'''''"'v ........... ,''' ......... ....... "" UNDE:Ii'lGRC.tJING OF Ul'ILITIES ON A DEFERRED B.l\SIS ]1{£ "r:I~ORO:W STELLING ROAD AND K.I:mIN IANE ~ 728PAGE2139 WHEREAS, Bruce I. ani Deborah C. Bonfielcl, hereinafter :referred to as "Developer", desires to develop his property at the stelling FIDad. ani Kil:w.in lane; ani WHEREAS, Developer wishes to defer the urrlerg:round.i of utility lines frontinq Stelling FIDad.; ani WHEREAS, an agreement has been present:e:i to the City council provicli.nq for the deferred ~ of utility lines at the sole cost of the Developer all as more fully outlined in said. agreement. NCl'I', 'nlp'<EEtlRE BE 1'1' RESOLVED that the Mayor ani the City Clerk are hereby autllorized to execute the agreement herein :referred to in behalf of the City of Qlpertino. ;:'~ BE 1'1' ro.RnlER RESOLVED that the City Clerk is authorized to file said. \'agieement with the santa Clara COOnty Recorder. '", . . PASSED AND AIXlPrED at a regular :meeti.n:J of the City Council of the City of Cupertino this 19th clay of September i 1988, by the follcwin;J vote: Memhgro of the City Council Johnson, Koppel, Plungy, Rogers,· Gatto NOES: None ABSENl': None ABSTAlN: None ATI'ESl': lsI Dorothy cornelius city Clerk OR'GINAl THIS r5 TO CE:~TIF'Y THAT' T:~'L "NiTHIN INSTRUMENT IS A TRUE AND OORREOT OOPY OF THE ORIGINAL ON FILE IN THIS OI'l'ICE. ATTEST rf}~ /~ ,·19 gp CITY C~;='TY OF CUPERTINO BY '2!::d~ U~ APPROVED: ~ CITY CLERK: /sl John M. Gatto Mayor, city of Cupertino _______ ~ .• W1"tltLn one rr.l year thereafter. '?+ no later than ten (10) years from the date of this agreement. , K 728PAGE2149 DEFERRED UNDERGROUNDING AGREEMENT This is an agreement between the City of Cupertino, hereinafter referred to as CITY and BRUCE I. BONFIELD & DEBORAH C. hereinafter referred to as _BONFIELD I ,-Itt DEVELOPER, maoe oy ana between the parties this __ ~CY~ ______ ~ ______ day of 6'wtecot:w , 19 JS'\ WHEREAS, DEVELOPER desires to develop too property described in Exhibit "An, attached and made a part hereof by reference, and wished to defer the under- grounding of utility lines fronting STELLING RD. co::-•• --, and WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete the undergrounding of said utility lines; and WHEREAS, the costs for the undergrounding are reduced when the under grounding 'is done -in-~onju':;ction;'ith other proj ects::Ii;';~~d':;{o;g!-t1:;':f'i::o-':;tage of ___ _ ~S~TE~L~L~I~N~G~RD~.~, __ ·______________________________; and WHEREAS, the City and the DEVELOPER jointly agree to defer the work until a larger project is organized. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, to wit: 1. Installation of Work The DEVELOPER shall install and complete the undergrounding of said utility lines, in conjunction with any project for undergrounding said utility lines on or fronting the properties on STELLING'RD. adjacent to the -above mentioned ,property described in Exhibit "A". 2.' Deferment It is further agreed that the DEVELOPER shan furnish, construct, and install at his own expense upon six (6) month notice from the CITY, in which event the work of undergrounding said utilities must be completed within one (1) year thereafter, ~r no later than ten (10) years from the date of this agreement. State of CA U@iZ.N '/'0. c~unty of -;::;A1S"lA. c,1...:NJ2A. } 5S. K 728PAGE2142 . ....... TEIIESA ROtH IN I'OLlAl1O _IV I'ubllt-llailfOmlJ • SAitTA CLARA COUNT'f On this the 13 day of "SG~M'i3E'i2.. 19m before me, 1.eI?~:6& :i2oCrlI t>-l '1=61 1-figD the undersigned Notary Public, personally appeared ~~f± C. J PKUCE r.13JN.:F"1 B.D, ~sonally known to me ~ed to me on the basis of satisfactory evidence to be the person(s) whose name(s) aye-subscribed to the within instrument, and acknowledged that :ttl c:.tA executed it. , WITN ESS my hand and official seal. e OFFICIAL SEAL My -. f)!I. MIr. 12. 1!l11~ ~f.'s<1SC:!i"'g~na~tf'u"'re~qC~~~~'-.i~-===-"'===---- NATIONAL NOTARY ASSOCIATION. 23012 VeAtlUa Blvd." Woodland Hills. CA 91364 " .. • AGREEMENT Page 2 K 728ptiGE2141 The DEVELOPER furt~er agrees to cooperate, upon notice by the CITY, with other property owners, the CITY snd other public agencies to provide the. undergrounding of utilitiea as set forth herein under a joint cooperstive ", plan, including the formation of a local improvement district, if'this , method is feasible, to secure the installation and construction of said undergrounding. 3. Successors -Run with Land This agreement shall bind the heirs, adminiatrators, executors, auccessors, assigns and transferees of DEVELOPER. It is agreed and under- stood 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 "A" which is attached hereto and made a part hereof by reference, and are for the benefit of the other landa in the City of Cupertino. , IN WITNESS WHEREOF, CITY has cauaed its name to the hereto 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. I I i DEVELOPER: CITY OF CUPERTINO: Approved J . . .. K 728PAG£2143 BONFIELD All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California. more particularly described as follows: All of Lot 29 as shown on that certain map of Tract No. 2335 recorded in Book 405 of Maps at page 41, Santa Clara County Records. Containing: 0.392 acres more or less. • , , . . . • K 728PAGE2144 ,Po/NT .ar '6"c::"/NIY/~ ..... /VPRT# .!IJ!'.!Ift?' PJRCGt. A $ret!. t!./NG ROAD CIVIL ENGINEERING ASSOCIATES CIVIL ENGINEERS: PLANNERS: SURVEYORS 455 LOS GATOS BLVD •• SUITE 201 LOS GATOS, OAUFORNIA 95030 • (408) 35&3300 BY; pr. DATE: 11/48 SCALE: "",-,d' JOB NO. '8-//4 SHT NO. . , AGREEMENT STELLING ROAD/KIRWIN LANE 'lhis AGREDIEm made ani entered into this _----"'I@::,.#I_-___ _ day of _ ...... s,.,,;t;#l-'pl.L\oeol.JmUlho""""r _______ _ , 19~, by ani between the CI'fi' OF aJPERI'INO, a mLmicipal ootpOration of the state of california, hereinafter designated as CI'fi', ani BRUCE I. BONFIELD & DEBORAH C. BONFIELD hereinafter designated as IlEVEIDPER. WITNESSETH WHERFA9, the IlEVEIDPER has made ~lication to the CIT'l for a PARCEL MAP AND BUILDING PERMIT to construct ani maintain a SINGLE FAMILY DWELLING hereinafter referred to as "Project." WHERFA9, CIT'l hereby approves, the ~ plans ani specifications ~ ~ for the Project by CIVIL ENGINEERING ASSOC. • , a true CO'f!:/ of which :iluprcIrement plans ani specifications are on file in . I , the office of the City EIY;Jineer of 0Jpertin0; ani WHERFAS, the same are incol:porated herein by referen:::e, the same as t:hcugh set 0It in full; NCM, 'll1EREF0RE, said iltprcveuEnt plans ani specifications shall be hereinafter callEd the "Plans," ani the l«lrk to be done umer the Plans shall be callEd the ''WorX.'' 1 · . WHERFA'3, pursuant to the provisions of this AGREEMENT, the Cl'lY hereby established the amounts of Bords, Fees, and Dep::lSits as set forth in the follCMing schedule: SCHEIXJIE OF BJNI:S, FEES AND DEroSITS street Iltprovement category: PARr A. Faithful Performance Bond: $ 1,200.00 ONE THOUSAND TWO HUNDRED AND 00/100 DOLLARS PARr B. labor and Material Bond: $ 1,200.00 ONE THOUSAND TWO HUNDRED AND 00/100 DOLLARS PARr C. ChecJd.rq and Inspection Fee: $ 200.00 TWO HUNDRED AND 00/100 DOLLARS PARr D. In:lirect city Expenses: $ 30.00 THIRTY AND 00/100 DOLLARS PARr E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND 00/100 DOLLARS PARr F. Stol:m Drainage Fee: $ 505.68 FIVE HUNDRED FIVE AND 68/100 DOLLARS PARr G. one Year PcMer COst: PARr H. street Trees: BY DEVELOPER PARr I. Map Checld.n:J Fee: $ 210.00 TWO HUNDRED TEN AND 00/100 DOLLARS PARr J. Park Fee: ZONE: 1 i Q4,636.16 , PARr K. FOURTEEN THOUSAND SIX HUNDRED THIRTY SIX AND 00/100 DOLLARS i water Main Extension Deposit: N/A PARr L. Maps and/or Iltprovement Plans: 2 '. NCM, '.IHEREIi0RE, iT IS HEREBY M!JIUALLY lIGREED by and between the parties hereto as follCMS, 'lO WIT: 1. DEDICMION A. '!he DEVEr.OPER 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 CI'l.'Y shall waive in writing. '!he DEVEr.OPER agrees not to revoke said offer of dedication, and to keep said offer open until the CI'l.'Y accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVEr.OPER agrees to deliver a properly e.xecuted grant deed to the CI'l.'Y of the real property described in Exhibit "A", and such other executed conveyances, or inst.ruments necesscu:y to rxJIWey clear title as herein required. '!he DEVEr.OPER shall provide, at the DEVEr.OPER'S sole oost and expense, to the city: (1) A prelimina:ty title report issued: by a title insurance company relating to the property offered for dedication. (2) A stamard policy of title insurance issued: by a title insurance company and insuring the CI'l.'Y in the sum of: N/A, and Which shall show said property free and clear of all liens or encumbrances except those as the CI'l.'Y shall eJ/pressly waive in ( writing1 said policy shall be furnished at the ti:me of acceptance of dedication and =rdation of deed. C. Upon the condition precedent that the DEVEr.OPER shall perfom each and every covenant and o::ntition of this AGREEMENT, the CI'l.'Y agrees to accept said real property offered for dedication~ It is .further agreed that: A. '!he DEVEr.OPER shall install and complete the WOrk within one (1) year from the date of execution of this ~, or :such. longer period as :may be specifically authorized in writing by the city Engineer. In the event the DEVEr.OPER fails or reifuses to complete the Work within the specified period of time, the CI'l.'Y, at its sole option, shall be authorized to complete the Work in whatever :manner the CI'l.'Y shall decide. In the event the CI'l.'Y completes the Work, the CI'l.'Y may recover any and all rxJSts incurred thereby from the DEVEr.OPER or the DE'IIEI.DPER' S surety or both. B. '!he DEVEr.OPER shall install and complete the WOrk in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of 0Jpertin0. '!he Work shall be done in accordance with existing ord.i.nances and resolutions of the CI'l.'Y and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. 'lbe work shall be done in accordance with all state and county statutes applicable hereto. '!he decision of the City Engineer shall be final as to whether any :material or workmanship neets the standards, specifications, plans, sizes, lines and grades as set forth. 3 · . C. It is :fUrther agreed tllat the Work shall be dens in a=rdance with the most cu:rrent: st:amard Specifications of the Depa:r: client of PUblic Works, califomia Depa:r:t:ment of 'l'ransportation, state of califomia, and in a=mance with the specifications of the CUpertino Sanitazy District where applicable. Wh.e:cever the words "state" or "califomia Division of Highways" are mentioned in the state Specifications, it shall be considered as referrin:] to the CI'lY of CUpertino; also wherever the "Director" or "Director of PUblic works" is mentioned, it shall be considered as referrin:J to the City Engineer. In case of conflict between .the State Specifications and the specifications of the CI'lY and/or the CUpertino sanitazy District, the specifications of the CI'lY and/or the CUpertino sanitazy District shall take precedence rNer and be used in lieu of such conflict:.in;J portions. 3. EXCAVATION PEIlMIT It is :fUrther agreed tllat the DE.VEr.OPER shall catply with Section ~ of Ordinance No. 130 of the CI'lY by obtaining an excavation permit fl:om the City Engineer before the c::ommencemet'l of any excavation in, on, or Ul1der the surfac::a of any existinq public street, lane, alley, sidewalk, or other public plac::a. It is :fUrther agreed tllat the DE.VEr.OPER shall notify the City Engineer of the exact date and time when the ptoposed excavation is to cammence. t 4. QUl'l.'CtAD1 DEED It is :fUrther agreed tllat the DE.VEr.OPER, when requested by the CI'lY, shall quitclaim all his rights and interests in, and shall grant to CI'lY authorization to extract water fl:om the un:l~ strata lying beneath said project and DE.VEr.OPER agrees to execute a "Quitclatm Deed and Authorization" in favor of CI'lY, ;¢en presented to him for signature. 5. :EON)l; AND 0lHER. SEC!JRl'I¥ A. Upon the execution of this AGREDIENT, the DE.VEr.OPER shall file with the CI'lY a faithful perfcn:mance b:md to assure his full am. faithful performance of this AGREDIENT. '1he penal sum of said faithful performance bond shall be the full ClOSt of any payment to be ll'ade un:ler this AGREDIENl', the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMEN'l'. In the event tllat :l.nrprovemants are to be ll'ade Ul1der this AGREDIENT, the DEVELOPER shall, in aCldition to said faithful performance, file with the CI'lY a labor and materials b:md in a penal sum adequate to assure full payment of all labor and materials required to construct said :l.nrprovemants. '1he amunt of said l:loOOs shall be as designated by the city Engineer. Said toms shall be executed. by a surety CC!lipa.CIY authorized. to transact a surety llUs:iness in the state of califomia and :must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event tllat the DEVEIDPER shall fail faithfully to perfOD!! the covenants and oorxtitions of this AGREDIENT, or to :make any payment, or any dedication of land, or any :l.nrprovemants herein required, the CI'lY shall call on the surety to perfOD!! this AGREDIENT or ot:h.erwise in:iemn.ify the CI'lY for the DE.VEr.OP.ER'S failure to so do. 4 " · , B. In lieu of a .. surety bond, the DEVEIDPER may elect to secure this AGREEl-lENl' by depositin;J with the Cl'lY: 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 I!M:!eting the requirements of Go\Ternn'ent Code section 66499 (b) or (e) • C. ihe amount of said cash, checks, 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 requixed had the DEVEIDPER fum:ished the Cl'lY with a surety bond. In the event that the DEVEIDPER shall fail faithfully to perfom the covenants and con:litions of this AGREEMENT, or to make any paynent, or any dedication of land, or any i.nq;lrovements herein requixed, the Cl'lY 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 deposited with the Cl'lY. 6.' cm:cKING AND DlSPECl'ION FEE It is further agreed that DEVEIDPER shall pay any and all necessary direct expenses for inspection, checldn;r, etc., incurred by Cl'lY in connec:t1on with said Project, and that DEVEIDPER shall have deposited with Cl'lY, prior to execution of this AGREEl-lENl', the amount as set forth herein at Page 2 (Part C). Should construction cost vary materially ftam the estimate from which said sum is calculated, the City Engineer shall notify DEVEIDPER of any additional sum du4! and CMinq as a result thereof. 7. INDIRECl' EXPENSES It is further agreed that DEVEIDPER shall pay to Cl'lY, prior to execution of this l\GRW>IENl', i.n:lirect expense allocable to prcx:essin] these i.nq;lrovements, the amcunt as ~t forth herein at Page 2 (Part D). 8. MAP aJECKING FEE It is further agreed that the DEVEIDPER shall deposit with Cl'lY, prior to execution of this AGREEMENT, for office checkin;J of final map and field checldn;r of street lIlOIl1lIII9llt, in ~1ance with Section 4:1 of ordinance No. 47 (Revised 12/04/61) of Cl'lY, the amcunt as set forth herein at Page 2 (Part I). 5 t · . 9. DEVEtOl'M!!!Nr MAlNl'ENANCE DEro'31'r It is further agreed that the DEVEIOPER shall pay to the Cl'l.Y, prior to execution of this .l\GREEHENl', the al!'OUIlt set forth heJ::ein at Page 2 (Part E) as a delrelopnent ma.intenance deposit to insw:e proper dust control am cl.eanirq dur.in;J the oanst:ruction period. '!he delrelopnent maintenance deposit may :be utilized for repairs of defects am iltp3rfecticns aris.in;J out of or due to faulty workmanship an::I,Ior materials appeari:n:J in said wot.k dur.in;J the period until release of the ~ement borlds by the Cl'l.Y. ShOOld the DEVEIOPER complete the reqW.red repairs to the entire satisfaction of the Cl'l.Y, the 1.lllllSEId balance will be returned after the release of the ~ement borlds. 10. S'roRM DRAllU\GE FEE It is further agreed that the DEVEIOPER shall deposit with the Cl'l.Y, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in :Resolution 4422, Man:h 21, 1977, in the al!'OUIlt as set forth heJ::ein at Page 2 (Part F) • ll. WATER MAm EXTENSION IlEEmrr '!be DEVEIOPER further agrees to deposit with the Cl'l.Y those mnies required to comply with "Rllicy on water Main Ex:t:ensicns work am Deposits" dated 9/30/77. '!he deposit shall :be held by the Cl'l.Y until said t m:mies am neeiej to .iJJ1plement ~ outlined by the Director of l?IJblic Works or ~ements outlined wit:hin the adopted water Master Plan. The aII¥JIlI1t shown heJ::ein at Part K, Page 2, shall be the fIlll aII¥JIlI1t due. 12. ONE YEAR EOWER msT It is further agreed that the DEVEIOPER shall pay to CITY: prior to execu:t:l.on of this ~, the aDD.lI'It as set forth heJ::ein at Page 2 (Part G), Which aDD.lI'It repl:esents~ the power cost for sb:eet lights for one ~. . 13 • 'mE INSmIUIT.ION OF STREJ!n! 'l'REES It is further agreed that the DEVEIOPER shall, at such time as deenm &.ppLopdate by the City Err;Jineer, plant street trees in conformance with the standards of the City of Olpertino. variety of tree shall be selected fl::om the City ~ list. 14. PARK FEES It is further agreed that the DEVEIOPER shall pay such fees an::I,Ior dedicate such laJXi to the Cl'l.Y, prior to execution, as is required wit:hin "Park Dedication Ordinance" NUmber 602, 1972, am Which is further stipllated under Part J, Page 2 heJ::ein. 6 '!he value of the lani used in establishing the "Park Fee" outlined hetei:n on Page 2, Part J, requires fcmnal confi.l::natian. '!he CITY shall employ a qualified local appraiser to provide a market value of the lani. 'llle city will calOJlate the "Park F~" based on the appraisal. '!he D=Vel.oper agrees to pay for arrf deficienc:y"within thirty. (:30) days ani the City agrees to refUnd overage within thirty (30) days. .l\djust:ment.s shall be made prior to aor.::eptance of the subdivision ilnprovements. 15 • Ml\.INI'.EN1\NCE OF WJRK It is f\ll:ther agreed t..'1a.t the DE'J'ELOPER shall maintain the Wo:d'.: until all deficiencies in the Work are corrected to confoJ:;'lll. to the Plans ani the City stan::lards ani specifications for the Work. 'Ille DEVEl:.OPER shall, =n writ'"...en notice the..>-eof, :llmnediately repair or :replace, withcut c.."5t -or obligation to the. City of CI.lpe.."i:ino, ani to the entire satisfaction of said c:r:r'l, all defec'"..s ani impe...'"fections aris:in;r cut of or due to faulty workmanship and/or materials appeari..n;r in said Work. 16. ~ D:rsm:rcr It is further agreed that the DEVEl:.OPER shall file with Cl'.lY, 1.ll;:On execution of thisAGlEEMENI', a letter :fl::cIrn the CJ;:ertino sanitaJ:y District stat:in;r that t..'le DEVTIDPER has ente..""ed into a separate AG!lEEMEli"T with the said District to ir.stall sanita:r:y seNers to 5e...."Ve all lots within said l?:r:oject ani stat:in;r that a bam to L'"lSI.l.re full am faithful ~'"for:mance of the const:r:uc'"'..ion of the said sanitary se.vers ani to insure maintenance of said sanitary sewer in conformance witJ:? .. ~ provisions as set forth in Paragraph. 15 above has been filed. 17. GOVEF.NMENl' CODE It is :further agreed that DE'J'ELOPER shall file with Cl'.lY, 1.ll;:On execution of this AGlEEMENI', substantial evidence that all provisions of section 66493, Article 8, Olapter 4, of the Go'le:r::!'llllellt Cede, pert.ain.i.nq to sp:cial assessments or bon:is, have ~ CCIlIq;llied with. 18. .CEN:I:RAL FIRE o:rsm:rcr , It is t'urther agreed that the DEI1EI.DPER shall file with the Cl'.lY t UJ;:On execution of this AGREEMEm', a letter :fl::cIrn the Cenl:ral Fire P.rotection District of Santa Clara ccunty t s1tat:in;r that the DE:VEr.OEER has entered into an ~ with said District· to install fire hydrants to serve said l?:r:oject ani stat:in;r that all necessm:y fees haVe been deposited with said District to insure installation ani five (5). year :rental fee of said . hydrants. . 19. PACIFIC GAS liND EIECTRICjPAClFIC EELL It is :further agreed that the IlEVELOEER shall pa:f to Pacific Gas ani Electric ~ and/or to PACIFIC BELr.. Company arrf am all fees required for installation of ovetiJe.ad an::l/<;lr 1.ll'X1e:!:g=Jr wiring ci=its to all e1ectroliers within said property ani a:rr.r ani' aU fees required for' un:l.~ as provided in 0J:di.nal1ce No. 33l of Cl'.lY IYhen DE'lI!:tOPER is notified by either the City ED;r.ineer or the Pacific Gas ani Electric Company an::l/or PACIFIC EELL Company that said fees are due ani payable. 7 •• ' ... ,. ,"'rr .....•••• ~ --.~~ -~ ..... '>,' "" : : -. 20. FA.SEMEtf.IS AND RIGHr-OF-WAY It is :fUrther agreed that any easement am right-of-way necesscuy for carq;lletion of the Project shall be acquired by the DEVELOPER at his own c:ost am expense. It is provided, however, that in the event eminent dcnna:in p~ are required by the Cl'lY for the puzpose of securing said easement am right-of-way, that the DEVELOPER shall deposit with Cl'lY a sum covering the reasonable market value of the lam prop:sed to be t.aken 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 SUlIIS as may :be required for legal fees am costs, engi.neerin;r, and other inoident:al costs in such reasonable amounts as the Cl'lY may require shall be deposited with the City of CUpertino. 21. HOW HARMI.ESS It is :fUrther agreed that, oornmenc.inq with the performance of the WOrk by the DEVEI.OPER or his oontractor am continui.ng" until the ClO.I!pletion of the :maintenance of the work, the DEVELOPER shall :l.memnify, hold harmless am defend the Cl'lY fl:t:m1 and against: any or all loss, cost, expense, damage or liabUity, or claim thereof, ocoasiOIJ.Ed by or in any way whatsoever arising out of the performance or nonperfonnanc:e of the Work or the neqliqence or willful :misoon:iuc:t of the DEVEI.OPER or the DEVELOPER'S agents, employees am :indepen;lent contractors. 22. lNSUBlINCE It is :fUrther agreed that: lhe DEVELOPER shall take out, or shall require any contractor engaged to perform. the work to take out, am :maintain at all times dur.inq the performance am :maintenance of the Work cal 1 ed for or required to be done hereunder, a policy of :insurance :nam:!n;r the Cl'lY am memb=>J:S of the City Council of the City of CUpertino, iniivjdllally and collectively, am the officers, agents and employees of the City iniividually am oollect!:ively, as :insured. Said separate policy shall provide bodily injury am property damage ooverage to the foregoing named Cl'lY am iniividuals cover.inq all the Work perfonned by, for, or on :behalf of said DEVELOPER. Both bodily injury am property damage :insurance must be on an oocur.rence basis; aD:i said policy or policies shall provide that the coverage affordecl. 1:he:I:eby shall be prlJna:r;y coverage to the full limit of liability stated in tQe declarations, am if the city, its members of the city Council hxlividually am collectively, am 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 e:xcess insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. 8 • .. A. Each of said policies of insurance shallprov:ide coverage in the follO'llinq :minimum amounts: For l:lodily injm:y, $100,000 each person; $300,000 each oocu:r.rence, property damage, $50,000 on account of arrt one oc:cun:ence with an aggxegatel:i:mit of not less than $200,000. B. 'lhe m.vEr.OPER shall file with the City ED;Jineer at or prior to the t:r:ma of exec:Iltion of this l\GREl!MERr :by the m.vEr.OPER such evidence of said foregoing policy or policies of insurance as shall be satisfacl:Ol:y to said City Etgineer. Each such policy or policies shall bear an endorsement precluctlnq the cancellation or reCluction in coverage without qivin,J the City Etgineer at least ten (10) days advance nct:ice thereof. C. In the evE)llt that the Project covered he.l:e.in should be mutually situated in or affect the area of jurisaiction of a separate municipality or political S\ll:xtivision of the state of califol:nia, the policies of insurance required he.l:e.in ani aJ:x:we shall c:o-nane such municipality or political S\ll:xtivision ani the provision set forth he.l:e.in ani aJ:x:we f= the protection of the CI!IJ'i shall equally apply to :municl:paJ.ity ani political S\ll:xtivision. 23. MAPS AND/OR IMPllOVEMENl' PLANS It is furt:her agreed that the CI!IJ'i shall cbt:ain the follO'llinq map am;or plans at the m.vEr.OPER'S expense: A. A mylar sepia ani seven (7) prints of fully executed parcel map. B. A mylar sepia ani ten (10) prints of fully executed improvement plans. C. A direct:. duplicatin:1 silver negative :microfilm aperature cal;d of all executed ilDprovement plans ani map. 'lhe m.vEr.OPER aqxees to pay ~ CI!IJ'i from the development maintenance deposit the cost f= all prints of 'plans ani map required umer Item 23. 24. stl'CCESSORS This AGREEMENT shall bind: the heirs, administrators, executors, successor, assignee ani transfer:r;$es of the m.vEr.OPER. 'lhe assignment of this l\GREl!MERr shall nat: be made ~thout a~ :by the City council of the City of Olperti.nc. .9 t State of C A U f'O e.N I (>. County of 3MtrA:-(!LARA @l..OFFICIALSEAL ....... TEIIESA 1l0C/lIN POLlARD 14M Publk-taJllomla • SMnAC~ACOUmY .'" M, Comm, ExP. Mar. 12. 1990 GENERAL ACKNOWLEDGMENT FORM 7110052 } 5S. c On this the J:Z..~y of ~tc::.wYb2A=-19~ before me, ~e?6L ~chiV\ 't=6t1~ the undersigned Notary Public, personally appeared ~L~ t3rlJce::r.~V\fl~o\ ~OnaiIY known to me ~ed to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~ subscribed to the within instrument, and acknowledged thatqM executed It. WITNESS my hand and ollie" seal. ! \ !fJlJ.IlA *'~~ .... NotalVs Signature / NATIONAL NOTARY ASSOCIATION. 23~12 VenlUra Blvd. 5 Woodland Hills. CA 91384 , 1 , " IN Wl'lNllSS WllEREPF, CJ:Tl! has caused its name to be hereunto affixed by its Mayor ani City Clerk, thereunto Cluly authorized by resolution of the City Council ani said. DEVEJ:DPER has hereunto caused his name to be affixed the day an:i year first abcwe written. CJ:Tl! OF COPERl'lNO: 1lpproved as to fox:m: DEVEJ:DPER: 10 (Rev. 5/9/86) ~~OM ~O~~OON HNV ~LHLK AceRD .. ~~~ .!a ~ '.surus laO SIll< em,. €:A .95UG (408) Z8&-5l.5l. 31 ,: . , 'WOA~CO"PEH&ATtOH AMD .PtO~' UABJUTV J '.0083B83A I , . , , .. '" ._.~_"~,u.",_,~_,, ... ,., "_,_, __ ",d ..... "'~",,' __ ,, .. "' .. _~,,_,_~, ..... __ """"".:."' .. _''' ... __ ,_ ... ",,_. _' _ .... _-L,,_ .. '-~_" .. _"",_ .... __ ... _, __ .... ",., .... _"_,,,,,," .. Il£SCh11'TlON 01' OI'!!lATlall!lll.DOl\n""""""'ICI.ElI/I'I'l$Tn __ """" " ' ' MlU 'HCW\'I. ~ ,tmm1"J)'S ~ 'lO. 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