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89-144 Improvement agreement 21211 Rainbow Dr Reso7953, APN 362-10-05 Cit'4 of Cuperti"o 10300 Torre Avenue P.O.Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephoner(408) 252-4505 DEPARTMENT OF THE CITY CLERK October 23, 1989 Phar Zap Developers Attention: Wayne Levenfeld 10120 Phar Lap Drive Cupertino, CA 95014 DOROVM24T AGREMENT - 21211 Rainbow Drive We are enclosing to You for Your files one 1 co and between the City of Cupertino and Phar Ian PY of the whichAgreeas by fly executed by City Officials, along with lap Developers, cPy es has been No. 7953 which was enacted by the City Council of(thecCit of Cupertio0 at their regular nepting of Monday, October 16, 1989. Cup�xtino' Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works Y I RESOLUTION NO. 7953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPER110 APPFDMG PAROL MAP OF PROPERTY LOCATED AT 21211 RAINBOW DRIVE; DEVELOPER PHAR LAP DEVELOPERS, A CALIFORNIA LIM ED PARrNERSBIP AUTHORIZING EXECU'T'ION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PAROL, MAP WHEREAS, there has been presented to the City Council for approval of the parcel map of property located at 21211 Rainbow Drive by Phar Lap Developers, A California Limited Partnership; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit) fees, and deposits as forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, ARE, BE IT RESOLVED THAT a. Said parcel map herein referred to is hereby approved. b. The offer of dedication for street areas and all easement is hereby accepted c. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. d. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of October , 1989, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Koppel, Rogers, Plungy NOES: None ABSENT: None ABS'T'AIN: None ATIEST: APPROVED: /s/ Dorothy Cornelius /s/ John J. Pluney, Jr. City Clerk Mayor, City of Cupertino V Resolution No. 7953 V EXHIBIT "A" DEVELOPMENT Single-Family Dwelling DEVELOPER Phar Lap Developers A California Limited Partnership LOCATION 21211 Rainbow Drive A. Faithful Performance Bond: .00 B. Labor and Material Bond: .00 C. Checking and Inspection Fee: .00 D. Indirect City Expenses .00 E. Development Maintenance Deposit: $1,000.00 One Thousand Dollars and no/100 Dollars F. Storm Drainage Fee: $ 586.00. Five Hundred Eighty Six Dollars and no/100 Dollars G. One Year Power Cost: .00 H. Street Trees: By Developer .00 I. Map Checking Fee: $ 210.00 Two Hundred Ten Dollars and no/100 Dollars J. Park Fee: $21,.000.00 Twenty One Thousand Dollars and no/100 Dollars K. Water Main Extension Deposit: .00 . L. Maps and/or Improvement Plans: As specified in Item 23 M. Rainbow Drive Reimbursements $3,960.00 Three Thousand Nine Hundred Sixty Dollars and no/100 Dollars (Gregory Group Deposit) *. AGREEMENT 21211 RAINBOW DRIVE APN #362-10-05 This AGREEM made and entered into this 16th day of October , 19 89 , by and between the CITY OF CUPERTIlJO, a municipal corporation of the State of California, hereinafter designated as CITY, and PHAR LAP DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a BUILDING PERMIT PARCEL MAP to construct and maintain a SINGLE FAMILY DWELLING hereinafter referred to as "Project." WHEREAS, CITY hereby. approves..the improvement plans and 5Vecifications prepared for the Project by N/A a true capY 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, TARE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans hall be called the "Work." � Sl.871 WHEREAS, pursuant to the provisions of this AGR , the CITY hereby established the amounts of Bonds.. Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONUS, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: .00 PART B. Labor and Material Bond: .00 PART C. Checking and Inspection Fee: .00 PART D. Indirect City Expenses: .00 PART E. Development Maintenance Deposit: ONE THOUSAND DOLLARS AND N0/100 $1,000.00 PART F. Storm Drainage Fee: I. FIVE HUNDRED EIGHTY SIX DOLLARS AND N0/100 $ 586.00 PART G. One Year Power Cost: .00 PART H. Street Trees: By Developer .00 PART I. Map Checking Fee: TWO HUNDRED TEN DOLLARS AND N0/100 $ 210.00 PART J. Park Fee: TWENTY ONE THOUSAND DOLLARS AND N0/100 $21,000.00 PART K. Water Main Extension Deposit: .00 PART L. Maps and,/or Improvement Plans: As specified in Item 23 PART M. Rainbow Drive reimbursements: THREE THOUSAND NINE HUNDRED SIXTY DOLLARS AND N01100 $3,960.00 (GREG -DRY GROUP DEPOSIT) 2 NOW, THUMURE, IT IS HEREBY NUIUALLY 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 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 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. INSTAIZATION 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 AGREE MU, 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 coupletes 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, ,pecifications., plans, sizes,. lines and grades as set forth. 3 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 ccntuneracement 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 comm ezioe. 4. QUITCLAIM DEED It is further agreed that the DEVEMPER, 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 DE'VEMPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. .. 5. BONDS AND OTHER SECURI'T'Y A. LTpon •the....execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful perform of this AGR'EQKENT. 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 AGUMM4ENT. 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. Me amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety cog3any 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. A 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 instnment of credit meeting the requirements of Goverrment Code Section 66499 (b) or (c) . C. The 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 required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this :AGR r, 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 deposited with the CITY. 6. CHECKENG AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary 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 AGREEKEW, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from 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 AGR , indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 8. MAP CEECKING FEE It is further agreed that the DEVELOPER shall deposit with CI'T'Y, prior to execution of this AGREEM4T, 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) . 9. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of the 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. 10. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of the 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) . 10A. REIMBURSEMENT TO GREGORY GROUP The Developer agrees to reimburse other developers for frontage improvements along Rainbow Drive. The deposit shown on Page 2, herein, is the maximum amount due to the Gregory Group. If a dispute arises as to the amount, the Developer agrees to allow the CITY a final determination of the amount. 11. VOTER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to fly with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. The amount shown herein at Park K, Page 2, shall be the full amount due. 12. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGRE'EMEVT, 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 A`T ION 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. 14. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such lane 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. G 14-A. PA2K FEE =S'ZMiT r--rCISICNS The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Paxt .J, requires formal ccnfi=ation. The CITY shall employ a qualified local ­appraiser to provide a market value of the ' land. The City will calculate the "Park Fee" based on the appraisal. nip- Developer agrees to pay for any deficieMrwithin thirty. (30) days and the J City agrees"' to"ref,.overage within thirty (j 0) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 15. MA NTMiCE OF Lri3RK . It iS fu'-ther agreed that the DE=p'ErR cha 11 maintain the Work until all deficiencies in the Work are corrected to conform to the plans and the City star-dards and scecifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without C-_Gt or obligation to the. City of Cupertino, and to the entire satisfaction of said C.TTY, all defects and =merfecticns arising out of or due to faulty workmanship and/or materials appearing in said Work. 16. SANT= DISTRICT It is further agreed that the DEVELOPER shall file with CTTY, upon execution of this Ari', a letter Erose the Cupertino Sanitary Distric`.: statim that the DEVELOPER has entered into a separate ACME ''T With the said District to instal' sanitary se<.vers to serve all lots within said Project and stating that a bond to insure full and faithful perfo=onc. of the construction of the said sanitary servers and to insure maintenance of said sanitary sewer = conformance with the provisions as set forth in Paragraph 15 above has been filed. 17. GGVaRn= CODE It is further age that DEVELOPER shall, file with CITY, upon execution of this AGREEmm, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Go ve=ment Code, perta i n;g to special assessments or bonds, have been complied with. 18. CENTZRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AG'ZEEIMIT, a letter fr= the Central Fire protection District of Santa Clara County, stating that the DEVELOPER has entered into an AG UMMiT With said District to install fire hydrants to serve said Prof act and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 19. PA=C GAS AND E1EC IC/;AC=C BELZ It is father'agreed that the D'T=pER sha11 pay to Pacific Gas and r Electric Company and/or to PACIFIC PrTT Company any and all fees requited for installation of overhead and/or underground wiring ci=its to all electroliers Within said PAY and any and' all fees rte+,; ed for and as provided in Ordinarbca No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Coitmany and/or PACIFIC BELL Company that said fees are due and payable. 7 i .1 20. EASEMERM AND Rimik-w_wAy It is further agreed that any easement and right-of-way necessary for ccmpletion of the Project shall be acquired by the DEVELOPER at his own cost and expense_ It is provided, , however, that in the event eminent danain 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. 21. MID BARMIESS It is farther agreed that, cmtmencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the campletion 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. 22. 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 th,e 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. The insurance, carrier shall provide proof of their ratings. - All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. A. Each of said policies of insurance shall provide coverage in the f, follmdM minimum amounts; For bodily injury,, $100 ,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The D-MopEIk'shall file with the City Engineer at- or prior to the time of execution of this AGREEMENT by the UVEjOpER 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. 23. MAPS AND/OR IMppoVEMERr pLANS It is . further agreed, that the -CITY shall obtain the following map - and/or plans at the DE.'VELOPER'S expense; A. A..mylar sepia and seven (7) .prints of. fully executed parcel map. H. plans. sepia and ten (10) prints of fully executed inprovement . C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. TheDEVELOPER agrees to pay the CITY from the developnent maintenance deposit the cost for all prints of plans and map required under Item 23. 24. SUCCESSQRS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. Um assignment of this AGS shall not be made without approval by the City Council of the City of Cupertino. a STATE OF CALIFORNIA ) S.S. COUNTY OF SANTA CLARA) ON THIS �K DAY OF1989, BEFORE ME, THE UNDERSIGNED, A NO`T'ARY PUBLIC IN AND FOR SAID COPNTY AND STATE, PERSONALLY APPEAREDf�//�V�^.(� ,� KNOWN ZO ME TO BE THE PRESIDENT OF LEVENFZLD INVESIMENIS, INC., THE CORPORATION THAT E>MaM3D THE WITHIN INSTRUMENT AND KNOWN ZO ME TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUNIENP ON BEHALF OF SAID CORPORATION, SAID CORPORATION BEING KNOWN TO ME ZO BE THE GENERAL PARTNER OF PMR LAP DEVELOPERS, THE LIMITED PARITWMIP THAT EXECLYIED THE WITHIN INSTRUMENT, AND ACK1NMEDGED ZO ME THAT SUCH CORPORATIOD EXECUTED THE SAME AS SUCH PARTNER, AND THAT SUCH PART— NERSHIP EXECUTED THE SAME. (tMARY PUBLrIC ®FFTCIAL 5 _ta6 SSION EXPIRES����� JAMES J. ANSELOWIT'� m No i ARY PUBLIC-CALIFORIIA SANTA CLARA COUNTY pw• My Comm.Expires May 14,1991 ' F s e 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 Z OF WPER INN: Approved as to form: yor (V City Attorney City Cler is Notary Acknowledgment Required s