Loading...
80-044 John Patmor & Warren P. Whaley Jr. Regnart Creek Estates, Ltd Reso 5729PLAT FOR LOT LINE ADJUSTMENT FOR LOTS 2 a,39 TRACT 6845 Recorded in Book 474. Santa Clara Count Pages l an 1 County Records 7°4 z r = 41°57 a X34" R= 48.00 °'- L = 35.15' o_ w• R- 342*too ,,J---" L= 59�t' Lot Line Adjustment approved pp ed by City of Cupertino City r October Council Resolution N®.5729, er 5p 1981. LOT 2 o a r,, c r_ N89Q5902"E 16 20' .80 3k -� Area of Lot 2 /o go to Lof' 3 N89059'02"F Ofd Lot Lrne h 00 LOT 3 sQ 0 z_ i r ' _ 58.80' _. ._ N 89°59 02 L m d O City Monument (TyFisotJ OROGRANDE C3 "� 129.22` N890,59'02 „E -- l05 55 234.87' March 17, 7982 City of Cupertino 70300 Torre Avenue Cupertino, CA 9507 Attn: Dorothy Y Cornelius Y Clerk Re: Lot Line Adjustment for Oro Our Escrow CU -436793 grande Place (Regnant Creek Estates.) Deas Ms. Cornelius: On October 22, ]981 for Barry Scott7987, the City of Cupertino for Your perusal, gnart Creek Estates) approved a lot line (Re a copy of which is adjustment Title Insurance at hereto which I and Trust Company has misplaced way You have not received it back the ack from or1ginal Resolution, I have Prepared a the County Recorder's Would p duplicate of the Resolution .for.. Officeg you lease approve this du Your a envelope, and I wit] see to it p]icate approval and for Your recordsa return it to me in the enclosed that it is recorded and. returned to your Costs far recording office for any inconvenience be borne by Title Insurance this ny in o this may cause and Trust You and appreciate Your � I apologize Y truly .onsderatlon in Ver y Yours, Maggie M6hnwleler Branch Manager Title Insurance and Trust Company ..10080 North Wolfe Road SW 3 Suite 160 Cupertino, California 95014 ....408 253 9050 ATICOR COMPANY F »n -p u 2 City of Cupertino 70300 Torre Avenue Cupertino, CA 9507 Attn: Dorothy Y Cornelius Y Clerk Re: Lot Line Adjustment for Oro Our Escrow CU -436793 grande Place (Regnant Creek Estates.) Deas Ms. Cornelius: On October 22, ]981 for Barry Scott7987, the City of Cupertino for Your perusal, gnart Creek Estates) approved a lot line (Re a copy of which is adjustment Title Insurance at hereto which I and Trust Company has misplaced way You have not received it back the ack from or1ginal Resolution, I have Prepared a the County Recorder's Would p duplicate of the Resolution .for.. Officeg you lease approve this du Your a envelope, and I wit] see to it p]icate approval and for Your recordsa return it to me in the enclosed that it is recorded and. returned to your Costs far recording office for any inconvenience be borne by Title Insurance this ny in o this may cause and Trust You and appreciate Your � I apologize Y truly .onsderatlon in Ver y Yours, Maggie M6hnwleler Branch Manager Title Insurance and Trust Company ..10080 North Wolfe Road SW 3 Suite 160 Cupertino, California 95014 ....408 253 9050 ATICOR COMPANY N of Cupertino 10300 Torre Avenue Cupertino, California 95014 R O: Box 580 Telephone: (408) 252-4505 Cupertino, California 95015 OFFICE OF THE CITY CLERK March 19 1982 Title Insurance and Trust Company 10080 North Wolfe Road SW3 Suite 160 Cupertino, California RE: Lot Line Adjustment for Orogrande Place Tract 6845, Resolution No. 5729 Dear Ms. Mannwieler: We are enclosing to you for recordation as requested in your letter of March 17, 1982, one (1) certified copy of Resolution No. 5729, We understand your problem and appreciate you for letting us know. We will look forward to a recorded copy as soon as possible. Than y DOROTHY CORNELI S CITY CLERK CITY OF CUPERTIN0 DC/so enc 1. cc: Planning Department PLAT FOR 0 LOT LINE a TRACT 6845 Recorded in book 474 O.M. 18 and l Beata Clara County Record 2 g a4 r 9 } ^, F 4+' ac' _ i = lot Line Adjustment approved CRY f Cupertino City >; City ni l Resolution No.5T2q_, a*October 5, r9el. � x Aro of Lot to go to dot r OldLo} I n 40, 619-80' f r 80OROGRANDr 1' d YP r a TRE'ruRN TO CITY el ANTZ. NO FEE I I CODE 6103 RESOLUTION NO. 512 A RESOLUTION OF THE CITY COU (.'AL OF THE CITY OF CUPERTINC7 APPROVING LOT LINE ADJUSTMENT BI;WTEA TWO PARCELS OF LAND WITHOUT A PARCEL MAP IN ACCORDANCE WITH SECTION 66412(() OF SUBDIVISION MAP,ACT AS AMENDED .JANUARY 1, 1980 - TRACT 6845, LOTS 2 AND 3, CIRC?CIsANDE PLACE WHEREAS, there has been submitted to the scuff a lot line adjustment between lets_ 2 and 3 of Tract No. 6845 and more particularly as shown in the attached Exhibit "&"; _ and WHEREAS, the City staff has reviewed the adjustment to see if a parce.1 map is required; and WHEREAS, in accordance with Section 6412(e1) of they Subdivision Map Act this adjustment may be made without filing a parcel map; NO, THEREFORE, BE_ IT RESOLVED that the City Council of the City of Cupertino hereby approves Lhe aforementioned lot lana adjustment anti �e empts it from the requirements of the parcel map, PASSED AND ADOPTED at a regular meeting of the City C�aalaae.il. cit= the C,KY of Cupertino this 5th da of c, ; vote: 3 t)y�e�b r � 1 81_ by the following VOte Members o th Cit Cep€�ucj ASIS: Gatto Johnson, Plungy, Rogers, Sparks NOES: None ABSENT. None ABSTAIN eine ATTE'ST. APPROVED /s/ / IJearcathv Carn1 i.a City Clerk -- — - /s/ Reed Sparks _ Mayor, City of Cupertino _ v _s i OF THE [JR11CiNAL ON FILE IN THIS OFFICE. 1 C) CITY C !_I_c F T H E Ei TY EI F F 4i�E§ITIN PLAT FOR LOT LINE ADJUSTMENT FOR 0 LOTS 2 Ek 3, TRACT 6845 Recorded in Book 474 O.M. Pages 18 and 1_ Beets Clara County Records 04112 41*57 P 4& 0 a d 1' w - go4W, R --34Z w W- = Il° Lot Line Adjustment approved City of Cupertino City City Council Resolution 'October 5, 1981.LOT 2_ s k. 4 uH . a a s Amo of Lot 2 1u go to Lot 1d Lit Line N8905902 E x W l i a, tits t . LOT 5 t 68-80' ✓'_ N902 5 CJ ",Pty .d97t OROG,RANDE wqo2' PLACE 105.65, pp��tI ta� 0 T^ 234W' � w �9 r Y f�✓9J �f�j%�' rb �'P,ika /fit i t CITY, OF CUPERTINCA INTERDEPARTMENTAL Date To Do Cornelius Cit` .from...' —_Trayicr� Whi tin ASST r rrr t T Engineer 1;( Information MESSAGE, Cf Implement L=I Investigate Resolution No. 5729 t=I Discuss See me T—( Reply Pl WTW ... SantaClara, Ca. 95051 ,..� sm Reply; , "- �r. z *� c x SIGNED; Send parts I and 2; retain part 3 for follow-up;s DATE part 2 to be returned with reply y 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino, California.95015 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK June 13, 198E Whaley and Associates, `Inc. 1585 The Alameda, Suite 1317 San Jose CA 95126 IMPROVEMENT AGREEMENT JOHN`PATMOR AND WARREN P. WHALEY, JR. Dear Mr, Whaley: We are enclosing to you for your files and information one (1) copy of the Agreement by and between the City of Cupertino and John Patmor --- and Warren P. Whaley, Jr., which has been fully executed by City Officials, along with one (1) copy of Resolution No. 3339, Sincerely, DOROTHY ,CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc Department of Public Works v CIN of Cupertbio 252-4505 10300 Torre Avenue Cupertino, California TO: Robert W. Quinlan, City Manager DATE: June 5 1984 FROM-, Bert J. Viskovich, Director of Public Works Our File: 51,"555 SUBJECT: Improvement Agreement - JC1I3N PATMOR &WARREN P. WHALEY, JR. San Felipe P,oad___ Transmitted herewith are the original and two copies of the improvement agreement for the referenced project. This development does not involve a lot split and is covered b the y provisions of Resolution No, 3339 which authorizes the City Manager and the City Engineer to sign the agreement. Please sign all copies and return them to this office and we will forward them to the City Attorney for his signature. sm attach. June 7, 1984 City Clerks Transmitted are three sets of agreement for processing. This is a minor standard agreement; recordation not necessary. A copy each of faithful performance bond and labor and material bond for files. Amwest Surety Insurance Company, Bond No. 1049648. yaur Whaley and Associates, Inc: 1885 The Alameda, Suite 130 Sari Jose, CA 95126. 5umi RESOLUTION NO. 3339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINCI AUTHORIZING THE CITY MANAGER TO EXECUTEMINOR IMPROVEMENT AGREEMENTS NOT INVOLVING LOT SPLITS WHEREAS, the present policy of the City requires builders and develop- ers to enter into an agreement executed and approved by the City Council covering City improvement requirements; and WHEREAS, many such agreements involve minor improvements not requir- ing lot splits; and WHEREAS, the conditions precedent to issuance of a building permit under the terms of the Unimproved Street Ordinance cover the requirements for said improvements; and WHEREAS, it would be to the benefit of property owners, developers, and the City to eliminate the need for scheduling of agenda items which may necessitate delays in implementation of projects; and WHEREAS, the City Attorney -has rendered the opinion that the policy of approving such minor improvements may be adjusted to allow the City Manager the authority to enter into agreements on behalf of the City which stipulate the necessary requirements; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ap- prove the policy authorizing the City Manager to execute minor improvement agreements not involving lot splits in accordance with the conditions out- lined in the Unimproved Street Ordinance No. 546. All minor improvement agreements executed by the City Manager shall be reported to the City Coun- cil at its next meeting. PASSED AND ADOPTED at a regular meeting of the City Council of the City Of Cupertino on the day of rt�mbPr 1972, by the following vote; AYES: __.Councilmen Irvin, Jackson, Meyers, Sparks, Frolich NOES: Councilmen - Nene ABSENT. Councilmen - None ATTEST APPROVED: /s/ Wm E Rwder /s/ Donald. A. Frolich City Clerk Mayor, City of Cupertino A G R E E M E N T This AGREEMENT made and entered into this th day of Juane by and between the CITY OF CUPERTINOF a municipal corporation of the State of California hereinafter designated as CITY and,.� F ' hereinafter designated as DEVELOPER W I T N E S S E T WHEREAS, the DEVELOPER has made application to the CITY for a parcel map and is securing a building permit from CITY to construct and maintain a single family residence, hereinafter referred to as "Project.. WHEREAS, CITY hereby approves the improvement Plans and specifications prepared for the Project by Whaley and Associates; a true copy of said 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 THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the fallowing schedule, Page SCHEDULE OF BONDS, FEES AND DEPOSITS Strut Improvement Category: Category 1, {980-206;42} PART A. Faithful Performance Bond; Sixteen Thousand. and no/100 Dollars $16,OaO,00 PART B. Labor and Material Bond; Sixteen Thousand and no/100 Dollars $16,OOp4pp PART C. Checking and Inspection Fee. $ 04000 Six Hundred Forty and no/100 Dollars PART D. Indirect City Expenses: Ninety -Six and no/100 Dollars $ 96.00 PART E. Development Maintenance Deposit; Two Hundred Fifty� 250,00 and no/100 Dollars PART F. Storm Drainage Fee; Three Hundred Twenty -Five and no/100 Dollars $ 325.00 PART C. One Year Power Cost; PART H.Street TN/A rees® By DEVELOPER PART I. Map Checking Feer PART J.NIA Park :Fee: PART K.NfA Water . Main. Extension Deposit: Main Extension Installed PART L. Maps and/or Improvement Plans: • By DEVELOPER PART M. City Contribution Toward 20" Diameter Water Main to be Determined Page 2 NOW,, 'THEREFORE, _ I IS HEREBY MUTUALLY AGREED Parties hereto as follows, TO WIT. __ 'Y and between the 1. DEDICATION A. The DEVELOPER offers to dedicate the real property show on Exhibit "A", which is hereof b attached hereto and made apart Y reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the shall waive in writing. The DEVELOPER agrees not to revoke Offer of dedication, and to keep said offer open until the CITY accepts offer b said Y_resolution. CITY to deliveB.a pUpon execution of this AGREEMENT the DEVELOPER a poopert Y executed grant deed to the CITY of the real Y described in Exhibit "A" conveyances, or instruments necessaryant such other executed herein required. The DEVELOPER shall provide, aty thear title DEVELOPER'S sole cost and expense, to the City: as (1) A preliminary title report issued b .company gelatin Y a title insurance said yrelaing to the property offered for dedication, DEVELOPER. Preliminary Title Report shah be furnished by (2) A standard policy of title insurance issued b insurance company and insuring the CITY in the ysum tlof: 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 perform each and every covenant and condition_ of this AG shall the CITY agrees to accept said real AGREEMENT, dedication property _ offered for 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work one (1) year from the date of execution within longer period as may be specifically of this AGREEMENT or such City Engineer. In the Y authorized in writing b the complete the Work within e event the DEVELOPER fails or refuses to its sole option., shall be p period of time, the CITY, at cidautheed to complete the Work in whatever manner the CITY shall de completes the Work, the CITY ma In the event the CITY thereby from the DEVELOPER ortheDEVELOPER'Y and all costs incurred S surety or both. B. The DEVELOPER shall install good and workmanlike manner in and complete the Werk in a approved by the City Engineer of and with the plans as Cupertino, The.... Work shall be done Page 3 __ in accordance with e sting ordinances and resp" tions of and in accordance with all plans, specifications the CITY lines, and grades 'approved. b standards done in accordance with allStateand County ' sizes, City Engineer. The Work shall be hereto The decision of the y Statutes applicable whether any material City Engineer shall be specifications, plans,_sizes,olinesandgrades as set final as to workmanship .meets the standards, .forth. C. it is further agreed that the accordance with the most Werk shall be done in Department current Standard Specifications of the of Public Works, of Transportation, State of California anCalid ifornia Department accordance with. .the ....specifications of the Cupertino Sanitary District where applicable. Wherever the words ',Staten or tw are mentioned in the California Division of Highways" State Specifications as referring to the CITY of Cupertino• also wherever the A� it shall be considered or "Director of Public Works" f Director as referring to the Cit is mentioned, shall be considered In case of Y Engineer® specifications f conflict between the Mate Specifications and the CITY and/or the Cupertino Sanitary the specifications of the Y District, r the :District shall take precedence lover aanndobe used Cupertino Sanitary conflicting portions, lieu_ of such 3- EXCAVATION PERMIT It is further agreed that the DEVELOPER shall Section Three of comply with Ordinance No: 130: of the CITY b excavation permit from the City Engineer before the commencement on any excavation in, on, or under the surface of f street, lane, alley, sidewalk any existing public further agreed that the DEVELOPER shall o notifer ytheCitylic e® the exact date and time when the It is City Engineer of commence proposed excavation is to 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested CITY, shall quitclaim all his rights and interests in ted by the grant to CITY _authorization to extract water from. the underground strata laying beneath said and shall a "Quitclaim Deedand Project and DEVELOPER agrees to execute presented to him for sign tureorization'® in favor of CITY, when 5. BONDS AND OTHER SECURITY A Upon the execution f this AGREEMENT, the DEV. file with the CITY a faithful ELOPER ...shall and faithful performance of this AGREEMENT The penal to assure his full faithful performance bond shall be the full costpofaan sum en said be made under this, AGREEMENT, Y Payment to dedicated, and any improvements tobe madthe value of any land agreed to be the event that improvements are to be madeeunderrthisSAGREEMENT,E thiEIn NT,_ Page the DEVELOPER shall, with the n addition to said assure CITY a labor and materials bond ifaith zl performance full payment of a anal sum , file construct said improvements l labor and materials adequate to designated by the The amount of said bonds required to surety company City Engineer. Said bonds shall be hall be State of p Y authorized to transact as California and must be a surety executed a form and by the Cit approved b business in the the DEVELOPER y Engineer_ as to_ SufficiencCity. Attorney as to shall fail faithfully conditions of this Y to Y� In the event that dedication of AGREEMENT, or to mo perform the covenants and shall land, or any improvements any Payment, or call on the surety to herein required CITY indemnify the CITY for the Perform this AGREEMENT or the CITY DEVELOPER'S failure to otherwise B. In lieu of so do. secure this AGREEMENT surety bond, the y depositingDEVELOPER may elect to 1� Cash; or, with the CITY: 2. A cashier y s check, or a certified check the order of the Cit 3. A certificate y of Cupertino oro Payable to meetsmeeting of deposit, or instrument g the requirements of Government of credit (b) or (c), Code Section C. The... amount of said cash, checks or instrument of , certificate of Engineer credit shall be deposit, , and shall be Shall be to thatiwhchdwc, required had the DEVELOPER by the City In the event that the DEVEfurnished the fa' would have been the covenants CITY with a curet Payment, or and conditions faithfully to Y bond re aired any dedication off this AGREEMENT perform q , the may app y land or to make an l the or any improvements herein Proceeds of said security thereto. D. No release of certificate of de surety bond, cash City Council, deposit, shall be made deposit except upon ? check, or aPPrc,val of the shall be paid on ... E. No interest the CITY. any security deposited with 6. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER necessary direct exshall... expenses for inspection Pay an by CITY in connection with checkin Y and all have deposited with CITY h said Project, and `g, etca, incurred amount , Prior to execution of that DEVELOPER shall as set forth herein at Mage (Part this cost vary materiallyAGREEMENT, the calculated, the from the estimate from Should construction City Engineer from which s additional sum due and ,win shall notify said sum is g as a result thereof. DEVELOPER of .any ?. INDIRECT EXPENSES It is further agreed that execution of this DEVELOPER shall processing -AGREEMENT, to pay to CITY, prior to Page 2 (ParttDjse improvements, the amount expense allocable as set forth to herein at Page 7A. MAP FILING F It is further9 CITY a reed that the DEVELOPER shall deposit with r prior to execution of this AGREEMENT, for Office checking of final map and field iNo. of street monuments, in compliance with Section 4:1 of Ordinance the amount as set forth herein at 7 (Revised 12I04161) Pof Page 2 (Part CITY, 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall a prior to execution of this AGREEMENT, the amount pet forth CITY, at Page 2 (Part E) as a development th herein proper dust control P maintenance deposit to insure The development maintenance cleanig may the construction depositPeriod, defects and imperfections arisingy be utilized for repairs of workmanship and/or materials appearing out of or due to faulty ems said work Burin Period until release of the improvement bonds by the the DEVELOPER p g the complete the required repairs toCITY. Should satisfaction of the CITY, the unused balance will be rethe turn entire the release of the improvement_ bonds6 ed after 9A® STORM DRAINAGE FEE It is further agreed that the DEVELOPER shallde CITY, prior to execution of this posit with the........ in connection with. said Project in ENT, a storm drainage charge accordance with the requirements established in Resolution 4422, March 21, 1977, in the........... amount as set forth herein at Page 2 (Part F). 9B. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the monies required to comply with Folic CITY those Work and Deposits, dated 9/30/77. y on Water Main Extensions CITY until said monies The on shall be held b are y the needed to implement improvements Outlined by the Director of within and adopted Water MastPubPlc Works or improvements outlined The amount shown herein at Part K, Page 2, shall amount due be the full 10. ONE .. POWER• A It is further agreed that the DEVELOPER shall to execution of this AGREEMENT, the amount as sepaforthherepror Page 2 (Part G), which amount represents the power cast n at lights for one year. for street 11. THE INSTALLATION OF STREET TREES It is further agreed that the deemed appropriate b DEVELOPER shall, Ciat such time as conformance with the standards ofy theine rr, plant street trees in City list, tree shall be selected from the Cit a Y Cupertino. Variety of Page 1. PARK FEES It is further agreed that the and/or dedicate such DEVELOPER shall required within �e land to the CITY, prior to execution, Pay such fees Park Dedication Ordinance°° Which is further stipulated under Number as is -Part jr herein. 1972, and 13. MAINTENANCE OF WORT{ It is further agreed that until all deficiencies in at the DEVELOPER shall maintain Plans and the Work are corrected to the Work DEVELOPER shall City standards and specificationsconform Work. the replace, without cost or obligation throfimmediately for the Work upon Written notice thereof, immediately re The to the entire satisfaction t° the Cit of pair or imperfectionsOut of said of CITY Y Cupertino, and materials appearing lin said Work.°r due to fault all defects and y workmanship and/or 14. SANITARY DISTRICT It is Further agreed that the Upon execution of this DEVELOPER shall file with Sanitary District AGREEMENT, a letter CITY, separate stating that the from the Cupertino - P AGREEMENT with DEVELOPER has entered sewers to serve all lots withnsaaidD.�strict to into a bond to insure full and faithful install sanitary Project and stating that a the said sanitary Performance of the construction sewer in Y sewers, and to insure maintenance of said sanitarf 13 above ha.sobeenmfiled. with the provisions as set forth in Paragraph 15. GOVERNMENT CODE It is further agreed that execution of this DEVELOPER shall file with CITY, upon provisions of AGREEMENT, substantial P Code Section 66493, Article 8, Chapter 4 `fence that pertaining to s all complied with. Pedal assessments or of the Government or bonds, .....have been 16. CENTRAL FIRE DISTRT(-T It is further agreed that CITY, upon execution of this the DEVELOPER shall file withtheFire Protection District o AGREEMENT, a letter from the DEVELOPER has entered into Santa. Clara County, statin Central install fire hydrants an AGREEMENT with g that the to serve said Project andastdatingtrict to that all ..necessary :fees.. have been deposited with s installation and five aid District to {6) yeas rental fee of said hydrants, insure 18 • PACIFIC GAS AND .ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH It is further agreed that the DEVELOPER shall Gas and .Electric. Com ars Company l P Y and/or to Pacific Telephone pand ay tTelegraph Y and all fees required for and/or underground wiringinstallation ofoverhead circuits to all electroliers withisaid Page 7 property and any anC all fees required for undeigroundin provided in Ordinance g as oto. either the Cit 331 of CITY when DEVE: .SER is notified by Y Engineer or the Pacific Gas and Electric and/or Pacific Teltphone and Telegraph Company that said fees are due and payable. are 19. EASEMENTS AND RIGHT-OF-WAY It is __.further ....agreed that an _of Y easement and right-of-way necessary for completion DEVELOPER at his own cast and expense. it shall be acquired by the that in the event eminent provided, CITY for the purpose in nt domain proceedings are requiredbythe' that the DEVELOPER shall depositalwthasement and right -Of -way, y the reasonable market value of the land proposed to be overingway,. CITY a sum. covering the included in said sum shall be a reasonable allowanceef and to ce damages, if any. It is further or severance such sums as may be required for legal dfees hand at acosts, enginedition ering, and other incidental costs in such reasonable amounts as the may require shall be deposited with the Cit of g Bring, p Y Cupertino. CITY....... 20, HOLD HARMLESS It is further agreed .that.. the Works the DEVELOPER or commending with the performance the completion of the maintenance lof the trWerk andactor continuing DEViLOPER shall indemnify, hold harmless and defend the CITY from and shall all loss, .......cost P g st any or occasioned_ by or expense, damage or liability, or claim thereof, y way whatsoever arising negligence the performance or nonperformance of the Work or theout of or willful misconduct of the DEVELOPER or the employees and independent henD contractors. DEVELOPER'S s, agents, 21. INSURANCE It is further agreed that: The DEVELOPER shall take shall require any contractor engaged to e cut, or out, and maintain at all times Burin perform the Work to take maintenance of the Werk called for or required performance and hereunder, a policy of insurance naming the CITY q and members be done City Council of the ers of the nd collectively, and the officerCity of Cupertino, individually individually , agents and employees of the City Y and collectively, as insured. Shall provide bodily injury and Said separate foregoing named Policy CITY and property damage coverage to the performed by, for, or on behalfof to all the Work injury and property damage insurancemust DEbVeELOPER Both bodily basis; and said policy or policies shall °n an occurrence afforded thereby shall be primaryprovide that the coverage liability stated in the declarations, andif the full limit of of the Cit city, its members officers y Council �.ndvidualZ and agents, and employees collectively, and the Of the collectively, have other insurance against the loss covvereduably..aid Policy or policies, that other insurance shall be excess insurance assurance Page 8 A. Each of said Policies of insurance shall provide covera e in the followin each g minimum amounts: For bodily injury, person, $300,000 each occurrence, ge, $100,000 on account of any one occurrence with anproperty damag less than $200,000. aggregate li:mit$50,000 ' of not B. The DEVELOPER shall file withtheCi prior to the time of execution City Engineer at of this or DEVELOPER such evidence of said foregoing AGRE� ENT b insurance as shall be satisfactory policy Y the such policy or to said Cit policies of Policies shall bear an endorsementprecluding Each the cancellation or reduction in City Engineer at least ten coverage without precluding (10) days giving the Y advance notice thereof, C. In the event that the Project covered mutually situated in or herein separate municipalityaffect the ....area of should. be or political subdivision jurisdiction of a__ the of the State of shall California,nianame policies of insurance required herein the l co- an set forth municipality or and above the CITY shall equally herein political subdivision and and above for the subdivision, apply to municipality protection of Y and. political 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnis the following maps and/or plans at his own expenses h CITY with A. A mylar sepia parcel maps. p and seven (7) prints of full B. A mylar sepia and thirteen y executed tract maps, tl3) ...prints of fully executed improvement mylar sepia and eleven (11) prints of fully y executed D.--- A direct duplicating ..silver negative card of all executed improvement Plans and maps. microfilm aperature , It is agreed that the sepia, be furnished within p paints and microfilm of Of Santa shed one month following maps will g recordation at the County It is also agreed that the sepia, prints plans....will be furnished within one mondth�fallawim improvement icrofil for signing of the plans by the CITY, ng ..the 23, CITY CONTRIBUTION TOWARD 20" WATER MAIN The DEVELOPER has installed main along his frontage an oversized water Developers for s frs vag water the CITY has transmission main costs, reimbursed other ....agrees to reimburse the DEVELOPER for it would cost to install a ten inch The CITY, therefore, all costs in excess of what main. However, the CITY reserves thelight to establish ile iron transmission of reimbursement if the. total cost Of the tweet exceeds the fair market value the amount shall be made b of the Y inch (20°r} line Y the Director of Publico Works. The determination reimburse the DEVELOPER upon acceptance of the The CITY shall project. 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. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its City Engineer and City Manager, 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 CUPERTINO Approved as to form: Ci 'y Engi ee ity Attorney City Manage Attest: City Clerk D VELOPER X3 GENET AL ACKNOWLEDGMENT v f. NO, 241 State of ' s�' t pn this they before , f 1Su County ot, , .w. re m e the Notary personally undersigned NotarPublic, appeared s � OFFICIAL, S,,A , � � . t Personally known to ALLIS0 t i! RAV T roved o me on the basis of satisfactory evidence to be the Person(s) whose name(sj `aA,NiTA i a+' iS,§i"y subscribedtothe within instrument, and acknowledged MY trtsltttro air ,. ?, to that executed it. WITN `� hand and of icial, eal A # �1 S Signature 71110101 22 - ._:....+.a: .:i;,'".r ^ sem«•-"=�'-s- M11�71C?NAl NOTARY ASSOCIATIQN $ 23412 Ventura Blvd. P.o. 84x4625 Wo Bland H I s CA 9 3 as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of ** Sixteen Thousand and no/100 Dollars ($ 16,000.00 } lawful money of the United States, for the payment of :which will and truly to be made, ,ye bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, said Principal will perform all necessary improvements relative to a ging1P family psi -d nrp- located nn .,an Felipe Road in accordance with the approved Improvement Plans prepared by _ t,?��al and Assnraces Civil Engineer on file in the Engineer's Office, City of Cupertino. 9HE2,.EAS, Improvements shall be completed within one (1) year from the date of Acceptance of this bond by the City Council. WHEREAS, Improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City. This bond shall be in full force and effect through the period of maintenance as provided in said contract. The maintenance period shall continue -until such time that all deficiencies of construction are corrected to the satisfaction of the City Engineer's Office. NOW, THEREFORE, if the said Principal shall well and truly do and perform all the as �-Pt forth above, on its part to be done and performed at GENERAL ACKNOWLEDGMENT NO. 201 State of Ctn this th -- ° ay of `t9 before me h ,�"" �r°`, „fir- ;", ., y`1 ..f` -�` � ``2 Z , $a t County SANTA CLARA ss: "PATE OF CALIFORNIA, COUNTY OF ------------- – -- - -- — before me rotary Public, within and for the said On MAY 7 1984 , known Jaunty and Mate, personally appeared CHERYL M. BURNAND to the within to me (or proved to me on the bas is of satifactory evidence) to the person whose name is subscrib�dnowledged tome that he as the Attorney in Pact of and for the AAS WESTSURETYC7hecINSURANCE to Surety, and his own name as attorney RANCE subscribe DONNA J. ROGE S {�c _ r ry in Fact. l a.; UG ' R t .T C i" kf�i 3 .. x BOND NO 1049648 e' id i`i tJ AL a 1 l J ' y , FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMEtT 30ND (Subdivision Improvements) KNOW ALL MEN BY THIESE PP,ESENTS s THAT 1E F P O oot % as Principal and AMWEST SURETY INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of ** Sixteen Thousand and no/100 Dollars ($ 16,000.00 } lawful money of the United States, for the payment of :which will and truly to be made, ,ye bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, said Principal will perform all necessary improvements relative to a ging1P family psi -d nrp- located nn .,an Felipe Road in accordance with the approved Improvement Plans prepared by _ t,?��al and Assnraces Civil Engineer on file in the Engineer's Office, City of Cupertino. 9HE2,.EAS, Improvements shall be completed within one (1) year from the date of Acceptance of this bond by the City Council. WHEREAS, Improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City. This bond shall be in full force and effect through the period of maintenance as provided in said contract. The maintenance period shall continue -until such time that all deficiencies of construction are corrected to the satisfaction of the City Engineer's Office. NOW, THEREFORE, if the said Principal shall well and truly do and perform all the as �-Pt forth above, on its part to be done and performed at GENERAL ACKNOWLEDGMENT NO. 201 State of Ctn this th -- ° ay of `t9 before me h ,�"" �r°`, „fir- ;", ., y`1 ..f` -�` � ``2 Z , $a t County SANTA CLARA ss: "PATE OF CALIFORNIA, COUNTY OF ------------- – -- - -- — before me rotary Public, within and for the said On MAY 7 1984 , known Jaunty and Mate, personally appeared CHERYL M. BURNAND to the within to me (or proved to me on the bas is of satifactory evidence) to the person whose name is subscrib�dnowledged tome that he as the Attorney in Pact of and for the AAS WESTSURETYC7hecINSURANCE to Surety, and his own name as attorney RANCE subscribe DONNA J. ROGE S {�c _ r ry in Fact. l a.; UG ' R t .T C i" kf�i 3 .. x LABOR AND MATERIAL BOND BOND NO. 1049648____ KNOW ALL MEN BY THESE PRESENT: -- ----- WHEREAS, the City of Cupertino, State of California, and 10F 1 , hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract, and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work, or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth, NOW, THEREFORE, we, the Principal, and AMWEST SURETY INSURANCE COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all. materialmen, persons, companies, or corporations -furnishing materials, provisions, provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed orperformedunder the - contract hereinabove mentioned, and all persons, companies or corporations lend- ing or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons whosupplyboth work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of Sixteen Thousand and no/100 Dollars 16-,000.00 THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, -then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall: be fixed by the Court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond, Labrr and Haterial Bond Page And the said Surety, for valvae received, hereby sti ulates that no chnnae, extension of time, alteration or addition to the termsgofes the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the s eci- fications' p IN WITNESS MIEREOF, this instrument has been duly executed, by the and Surety this qPrinday of MAY cipal _p 19 84 , (Tobesigned by r Principal and Surety ' and acknowledgment, Principal ' and notarial seal r attached.) EST SURETY INSURANCE COMPANY Sine ty ..:m GENERAL ACKNOWLEDGMENT NO. 201 .�° m AZAP w µ State of r On this they da of -- -- Y efore me, SS. 9 n County of t e undersigned N ary Public, personally appeared 10 M y� �'' E= L El known to me OFFICIAL q�OTAPA y PU31AC CA:.lt-c; ROI ,s proved to mean the basis of satisfactoryevidence S TA CLARA COUNTY � to be the person(s) whose name(s) subscribed to the ac y Owcrzanlsacsla1rrfaxaplr > sFeb. ai a � within instrument and acknowledged that ,.w:. . executed it. WITNE S,!r?yia d and official 1 • .. , -- vatary s Signature 7110 122 .."°...,",.��:�+, NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. ® P.O. Box 4825 Woodland Hills, CA 51364 ST'AT'E OF CALIFORNIA,COUNTY T Y CSF - -- SANTA CLARA--- --.__ Ss. MAY 7,' ......1984...... On --1984--___ , before me a Notary Public, within and for the said County and State, personally appeared CHERYL M. BURNANI► ,known to me (or proved to me on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the A WEST S URETY INSURANCE COMPANY, and acknowledged to me that he subscribeINCE CL�ANY thereto as Surety, and his own name as Attorney in Fact sDONNA J. NOTARY PUBLIC -,CALIFORNIA (yae L 11 t-� NOTARY PUBLIC... 10300 Torre Avenue Cupertino, CA 95014 Telephoner 408-252-1150 September 23, 1980 Barry C. Scott, Warren P. _Whaley, Jr. and Benjamin T. Garrison III 3211 Scott Boulevard Suite 202 Santa Clara, CA 95051 AGREEMENT - TRACT 6845 REGNART CREEK ESTATES, LTD, We are forwarding to you for your files a fully executed copy of the Agreement by and between the City of Cupertino and Barry C. Scott, Warren P. Whaley, Jr. and Benjamin T. Garrison by City Officials; along with a copy of Resolution No. 5430. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. SIGNED: DATE Send parts 1 and -2; retain part 3 for follow-up; part 2 to be returned with reply CITY OF CUPERTINO INTERDEPARTMENTAL Our Filet 51,502 Date Sept. 18, 1980 To Dorothy Cernelius, City Clerk From Bert J. Viskovich Director of Public Works f=( =I Information Implement MESSAGE: Tract 6845 - Regriart Creek Estates Ltd. I Investigate Transmitted are the follow :r documents relative to the referenced C i Discuss ro'ectt See me r-1 Reply 1. Three sets of im rovement a reement for si natures. 2. One co each of Faithful Bond. American Performance and Labor and Material Motorists Zns° Co° Bond Noy OSM 556 897 Please return one copy of the agreement to this office and forward a copy to the ski enc Reply: SIGNED: DATE Send parts 1 and -2; retain part 3 for follow-up; part 2 to be returned with reply RESOLUTION NO. 5430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING 'THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO, 6845 LOCATED AT OROGRANDE PLACE; DEVELPER, REGNA CREEK ESTATES LTD.; ACCEPTING CERTAIN EASEMENTS; AUTHOR - RT IZING SIGNING OF FINAL TIAP AND IMPROVEMENT PLANS; AUTH- ORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THERE- WITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 6845 located at Orogrande Place and Stelling Road showing certain avenues, drives, places, and roads by Regnart Creek Estates Ltd-; and WHEREAS, there has been presented to the City menu for the construction Of streets, Council a Proposed agree - curbs, and gutters, and for other improve "A" having been presented for the faithful performance of said work and the.t merits, and good and sufficient bonds, fees, and deposits as set forth in Exhibi carrying out of said agreenent; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map and improvement Plans of Tract 6845, be and the same are hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. C. The City Engineer and the City Clerk are hereby authorized to sign said final niap. d. The City Engineer is hereby authorized to sign the improvement plans. C� e. The Mayor and the City Clerk are hereby authorized to execute agreement herein referred to. the PASSED AND ADOPTED at a regular meeting of the City Council Of Cupertino this 15th day of September il of the City Vote Members Of the Cit 1980 by the following vote: AYES: Y Council NOES: Plungy, Sparks, Rogers ABSENT: None ABSTAIN: Gatto None ATTEST: APPROVED: Isl Dorothy Cornelius City Clerk Isl Barbara A. Rogers Mayor, o �r, C�ity O�fCup`ertino� A Resolution No. 5437 EXHIBIT "Arr SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT Tract No. 6845 Regnart Creek Estates Ltd LOCATION.... Orogrande Place and Stellln Road Faithful Performance Bonds _ Fort -Eight Thousand and na/lO© Dollars $ 4$ 000.00 Labor and Material Bon de Forty -Eight Thousand and no/100 Dollars 48 000 00 Checking and Inspection Fee: Two Thousand Four Hundred and no./100 Dollars $-- 2,400.00 Indirect CitY Expenses: Three HundredSixtyand no/100 Dollars 360.00 Map Filing Fee: Fifty and no/100 Dollars $ 50.00 Development Maintenance Deposit $ 310.00 Three Hundred Ten and no/100 Dollars Storm Drainage- Fee Nine Hundred Three and no/100 Dollars $ 903.00 One Year Power Cost: Th.irt -Six and no/100 Dollars Tree Fees Park Fees: Two Thousand Five Hundred Nin et -Two and no 100 I Water Main -Extension _Depos%t $ 36.00 By Developer 2 592.00 ----------------- $ N/A "1 -Ls A(zEZEMENT, made and entered into this ' 15th. iSeptemberday of 19 80, by and between. the CITY _ OF CUPERTI qO a m u. oig al corporation of the State of California Barry C. Scott, Warren P. , hereinafter designated as CITY, and on behalf of �ReHart Creek EstatesJ�Ltdand Ben'amin T.Garrisans III hereinafter deted as Developer. W 11 N E S S E T H WHEREAS said Developer desires to subdivide certain land within said of Cupertino in accordance with the map heretofore filed with the Ci City. of the City of Cupertino, marked and designated City Council Tract 6845 Cupertino, California) hereinafter designated ,as itandthe Tract;" WHEREAS, said map shows certain courts., drives and roads which are offered... ...for dedication for public use; and WHEREAS, said Developer desires to construct dwellings on the _lots in said "Tract;" and g WHEREAS, CITY hereby d. ,. y pproves the improvement glans and specifications prem pared for the Tract by r — WrMAT T a true. copy , Py of said improvement plans and specifications are on file In of the City Engineer of Cupertino• the office , and WHEREAS , the same are incorporated herein by reference, the same as though set Out in full; now, therefore, said improve - went plans and specifications shall be hereinafter called "the Plans work to be _done under the Plans shay " and the ..1 b e called the Work , "' WHEREAS pursuant to the provisions of this AGR^EuT , the CITY hereby 4 establishes the amount o;, fond, fees and deposit as se schedule, t_4.rth_in the following _SCHEDULE OFBONDSFEES .....Para. A. Faithful_Performance Bond. DEPOSITS Fort -Eight Thousand and �noll�OODO�llars�....... Part BR Labor and Material Bond: Forty -Eight Thousand and no/100 Dollars 48 000 00 Part C. Checking and Inspection Fee; Two Thousand Four Hundred and no/100 Dollars 2,400.00 Part D. Part E. Part F. Part Ge Part H. Part I. Indirect City Expenses; Three Hundred Sixty and no/100 Dollars Map Filing Fees Fifty and no/100 Dollars Development Maintenance Deposit Three Hundred Ten and no/100 Dollars Storm Drainage Fee: Nine Hundred Three and no/100 Dollars One Year Power _Cost. Thirt -Six and no/100 Dollars Tree Fees: Part j Park Fees Two Thousand Five Hundred Nin Part K. Water Main Extension Deposit 360.00 $ 50:00 310.00 $ 903.00 $ 36.00 ,$ By Developer $ 2,592.00 —TWO and ,,.. J 7 nn ., _ $ N/A NOW, THEREFORE, IT IS HEREBY MUTUAL as follows, TO WIT. LY AGREED by and between the parties hereto I. INSTALLATION OF WORK It is agreed that in consideration of the a acceptance on behalf af..the ePublic of the courts approval of said map and the drives and roads offered for -dedication, (a) The Developer shall install and complete the Work within one (l)_ year from the date of executian, of this AGREEMENT or such longer period as znay be specifically authorized in writing by the City Engineer. In the event the Developer fails or refuses to complete the. Work. within t time, the CITY, at its sole. option, shall, be authorized he specified period of rized to complete the Work in whatever manner the CITY shall decide. In the event the CI Work, the CIY may recover any and all TY completes the costs incurred thereby ..from. the Developer or the Developer's surety or both. (b) The Developer shall install and complete the Work i manlike .manner in accordance with... plans the n a goad. and work - as approved by the City Engineer of Cupertino. The Work shall be made under the inspection and wi of the City Engineer, � the approval The Work shall be done in accordance with existing ordin- ances and resolutions of the City of Cupertino, and in accordance w' specifications, standards with all plans, sizes, Lines and grades a The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to whether material or workmanship meets the any standards, specification, plans,sizes, lines and grades_ as set forth, (c) It is further agreed that the Work shall be done in accordance with the Standard Specifications of the Department of Public Works, Division of H• State of California, dated Jan���� Jan. Highways, � and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "Division of Highways" are mention State Specifications, it shall be considered as referringto the ed in the Cupertino; also, wherever the "Director" or fi, e City of Director of Public Works" is mentioned, it shall be considered as referring to the City En ineer> g In case of conflict between the State Specifications and the specific of the City Of Cupertino and/or the Cupertino 5 ations P anitary District, the specifications of the City of Cupertino and/or the Cupertino Sanitary District shall. take -3- precedence over and be used in lieu of such conflicting portions. 2. EXCAVATION PERMIT It is further agreed that the Developer shall comply with Section Three of Ordinance No. 130 of City of Cupertino 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 notifyt City Engineer of the exact date and time when the proposed excavation h is to commence. 3. QUITCLAIM DEED - UNDERGROUND WATER RIGHTS It is further agreed that Developer shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said "Tract" and Developer agrees to execute. a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 4. ___ BONDS It is further agreed that prior to, or concurrent with, the execution of this AGREEMENT, the Developer shall execute and deliver to the City Engineer a faithful performance bond running to the CITY, as obligee, and a labor and material bond running to the CITY and to all contractors, subcontractors, laborer material men and other errs s persons referred to in Chapter 2, Title 4, Part 3 of the Code of Civil Procedure of the State of California, as obligees, saide p rfarmance and labor and materials bonds shall each be in the amount as established in the Schedule of Bonds, Fees, and Deposit as set forth herein at Page 2 (Parts A & B and shall conform with the provisions of Resolution 1591 of the Cit Council uracil of Cupertino. Said bonds shall be in, a. form acceptable to the City Engineer and shall be approved by him prior to or concurrent with the execution of this agree-' ment by the CITY, g -4 5. CHECKING 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 "Tract," and that Developer shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should .construction cost vary� materially from the estimate from which said sum is calculated, the City Engineer shall notify Developer of any additional sum due and owing as a result thereof. 6. INDIRECT EXPENSES It is _further agreed that Developer shally a to CITY p prior to execution of this AGREEMENT, indirect expenses allocable to processing this improvement, the amount as set forth herein at Page 2 (Part D) . 7. Mi P FILING FEE It is further agreed that the Developer shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field check- ing of street monuments, in compliance with Section 4:1 ofOrdinanceNo. 47 (Revised 12/4/61) of CITY, the amount as set forth herein at Page 2 (Fart E) S. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the Developer shall pay to the CITY, prior to execution of this AGR.EEMMgT, 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 fault 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. -5- 9.D STORM DRAINAGE AE It is,further agreed that the Developer shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422 March 21, 1977 in the amount as set forth herein at Page 2, (Part G 1. ONE YEAR POWER COST It is further agreed that the Developer shall pay to the CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part H), which amount represents the power cost for street lights for one year, ll. FEES FOR THE INSTALLATION OF STREET TREES It is further agreed that the CITY shall, at such time as deemed appro- priate by the Cit Engineer, City gy , plana and'inaintain street trees in conformance with the standards of the City of Cupertino. Asa p yment for said installation and maintenance by the City, the Developer shall P pay to the CITY, prior to the execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part I), which amount represents the fees for installation and maintenance of said street trees, having been calculated at the unit price of $15.00 per tree. 12. PARK FEES It is further agreed thattheDeveloper shall pay such fees and/or Medicate 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. 13. MAINTENANCE OF THE WORK It is further agreed that the Developer shall maintain the Work (a) for a period of one (1) year after acceptance of the Work by the City Council of City of Cupertino, or (b) until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur, The Developer shall, upon written notice thereof, immediately repair or replace, without cost or obligationtothe City of Cupertino, and to the entire satisfaction of said CITY all defects and imperfections arising out of or -6- due to faulty workmanshil, nd/or materials appearing in d Work. 14. SANITARY DISTRICT It is further agreed that the Developer shall file with CITY, upon execution of this AGREEMENT, a letter from 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 "Tract" and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insuremaintenanceof said sanitary sewer in conformance with the provisions as set forth in paragraph No. 13 above, have been filed, 15. BUSINESS AND PROFESSIONS CODE It is further agreed that _Developer shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 2 of the Business and Professions Code, pertaining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the Developer shall file with the CITY, upon execution 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 "Tract" and stating that all necessary fees have been deposited with said District to _insure install- ation and five (5) year rental fee of said hydrants 17 STREET LIGHTING P.G.&E. MATE SCHEDULE SHALL APPLY It is further agreed that the Developer shall apply for the installation of electric power for street lighting at the earliest date possible. 18. P.G.&E.-AND P.T.&T. It is further agreed that the Developer shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and. Telegraph Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said "Tract" and any and all fees required for undergrounding as provided in Ordinance No. 331- of CITY when Developer is notified by either the 7.. City Engineer or the Pacific Gas and Electric Company P Y and/or Pacific Telephone and Telegraph Company that said fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the project shall be acquired by the Developer athisown 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 CITY. 20,_ HOLD HARMLESS It is further agreed that, commencing with the performance of the Work b the Developer or his contractor and continuing until the completion of the maintenance ce of the Work as provided in paragraph 13 above, the Developer shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, e or liability, damage y or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willfull 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 re uire q any contractor engaged to perform the Work to take out, and maintain at all times duringthe 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 = 8_ separate policy shall provide bodily znjurY ��{ foregoin Property damage coverage to the g nod CITY and individuals coverin r , or on behalf of said Developer. Both gall the oris performed b- j for, - bodily ink ury ..and property must be on an Occurre_nce basis; and said y damage insurance policy the coverage afforded thereby sha1.1 or Policies shall provide that be pr�.su '-'ablit ary coverage to the full limit of tY stated in the declarations, and if the CITY Council , its members of the City.. , indiv dually and collective) _ , Y: and the officers agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered b -Y said policy or policies that othar insurance only, - shall be =_cess nsur-xce (a) Each of said policies of insurance shall minimum Provide coverage in the follcw_ amounts ; for b odil 'u =� in 3 ng property damage, $1003000 each person; $300,000 each occu, _ $50,Q00 01, account of y one occurrence With an a� of not less than $200,000, aggregate rroz�ce, limit (b) The Developer shall file with the Ci E p City Engineer at or prior to the time of execution of this policy or policpolicies�CEEyNT by the. Developer such evidence of said foregoing Of insurance as shall be sar:lsfacta Each such o, . ry to said City Engineer. P J-1cy or policies- shall bear an endorsement or reduction in coverage wit11out3zvinPrecluding the cancellation g the City advance notice thereof. Engineer at )dart ten(l0) days (c) in the event that the Project covered he in or affect the area of rein should be mutually situated ,jurisdiction of a separate munzc�al,s, division of the State of California, the o ty or Political, ;,,,b_ Policies of insurance requixed herein and above shall cc -name such mzmci,pa.Z,ty or Political subdivision and the provision sat forth .herein and above for the protection of the Cit e uall y of Cupertino shall '� ' apply to muni ca' ali tyaad political subdivision. 9 22. 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 an adopted Water easter Plan. The amount shown herein at Park K, Page 2, shall be the full amount due. 23. TERMS AND CONDITIONS „ "It is further agreed that the above named: terms and conditions for th said Tract e , shall bind the heirs, successors, administrators, or assigns of the Developer. The assignment of this AGREEMENT shall not be made 'Without approval by the City Council of said CITY, IN WITNESS WHEREOF, said CITY has caused its name to be hereunto its Mayor and City Clerk, thereunto duly authorized by resolution affixed by of tthe City... Council and said Developer has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO By, yob m By r -. City Cler Approved as to form:; DEVELOPER. r ity Attorney 7 G , ; STATE OF CALIFORNIA COUNTY OF SANTA CLARA) ss. On 19' before me, the undersigned, a Notary Public fn) and for said State personallyappeared pPeared Note known toe to be the Persons whose names are subscribed�­t�e within _.3 . , Instrument, and acknowledged to me that, they executed the same; WITNESS my hand and official seal. STAMPSTERRY LONG ` « NOTARY PUBLIC -m CALIFORNIA PRINCIPAL OFFICE IN ALSIAOt ACt�7 y �lotary Publi in acid for the County My sass Nov. 4,1983of Santa nta Clara State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA } COLTNTY OF SANTA CLAPA) ss. On Notary Public in and ' 19 before me, the undersigned, a or the said State, Personally appeared � to be the , known to me eorPoratzcin that ex of ----- ecuted file Witnin Instrument - - the L -- who executed the within Instrument, on behalf of t�hewCC.>rpora���, '`�e the Derson n and acknowledged to me that `nuc Cor Corporation executed the same. n ner�in nix"w IN WITNESS WHEREOF, seal %n the County c t^Santt' ays=_ "iereuntt� s�� m�� itai2d and ai 1 �E'_d Pl& . Clara the da �ar mothis cert_ # a. above written, ` and ; _ i; Notary € ublic in and fort1le County of Santa Clara.; State of California Direct ill co�r�(-,'spOriclence to. AL BARKER, BONDS BOND NO, OS11t "556 897 717 ilearst Building AL P F;.i. bL 4 X480 Ma ket ,fnd Third Sin rranclsco, Caff. 94103rAiTHFUL PERFORMANCE AND COMPLETION IM?RCJEM NT 30ND (Subdivision Improvements) 1-F-14 THAT WE, REGNANT CREEK ESTATES LTD ?�rizacipal and ANIENI_CA N MOTORISTS INSURANCE COMPANY Surety are held and firmly bound unto the City of Cupertino, State of California suer of Forty–Eight Thain®..sand and no/100 Dollars in .rfu1 money of the United States, :for tk e paymFs.nt of ~--—Uallars ($ 481000,00 bind ourselves, our heirs, executors, successors and assigns,joil intly and truly to be made, rmly by these presents. g ointl and severally, STATE OF CALIFORNIA I COLINTY OF SAN FRANCISCO) Ss' tS TATE OF CALIFORNIA COUNTY OF d" b5,r P,. a 5a£ii Lt tdii , n r Y Y rxi NOT % a T°k 1 t Ii n Ae + " F $td a.,'YL CTrC ofTt rtz L rIV OTrr ra t «� 1.61, s. OLt, 4 ON� . 1 .��.. _... �.� , nye a Notary Public in and for said Stat19 e, personally appeared before A.F, Barker known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in- Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. Notary Public On this day of thOt'sStrad nine hundred and --iia the Year _-- time i r . la�ctY k. .i'x}»_ , ore - , aNot+t Public, State f California, rrlssi ay and sworn, personally appeared a wJ t subscribed to raown to rice to e the the within z person �_.d.� whose rapt h me that instrument an acknowledged te a executed the same, me IIVWITNESS WHEREOF I have her My official sent in the ratan Bei MY hand and ffixed C the Countyf tbatrae written, r racl year in this This document is only a general formerttfi6Jte fir Ft and in no way acts, oris intended t act as a may be prefer roe use cSimple - The publisher does not mak pact, as a substitute lorthe adwce pantransactions validity of e. anywarrarity..eitherez r attorney, E ` �., ' y provision or the surrabilrt express n is plied as to Ili '" M '' y of these rormsin an e legal Y specific transaction, Na to ublic, - �Sycommission expires tate -> orm fCaliforniaCuwderFI Ackrowledo ent General C, C; Soo. t i9aj �, , TT OFFICIAL SEAL CAROLYN K. SR%i-SI NOTARY Pf UIR — CALIFORNIA Ply vw, CITY £ COUNTY OF SAN FRANCISCO Corm-ssion expires Jerre 2, 1 83 tS TATE OF CALIFORNIA COUNTY OF d" b5,r P,. a 5a£ii Lt tdii , n r Y Y rxi NOT % a T°k 1 t Ii n Ae + " F $td a.,'YL CTrC ofTt rtz L rIV OTrr ra t «� 1.61, s. OLt, 4 ON� . 1 .��.. _... �.� , nye a Notary Public in and for said Stat19 e, personally appeared before A.F, Barker known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in- Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. Notary Public On this day of thOt'sStrad nine hundred and --iia the Year _-- time i r . la�ctY k. .i'x}»_ , ore - , aNot+t Public, State f California, rrlssi ay and sworn, personally appeared a wJ t subscribed to raown to rice to e the the within z person �_.d.� whose rapt h me that instrument an acknowledged te a executed the same, me IIVWITNESS WHEREOF I have her My official sent in the ratan Bei MY hand and ffixed C the Countyf tbatrae written, r racl year in this This document is only a general formerttfi6Jte fir Ft and in no way acts, oris intended t act as a may be prefer roe use cSimple - The publisher does not mak pact, as a substitute lorthe adwce pantransactions validity of e. anywarrarity..eitherez r attorney, E ` �., ' y provision or the surrabilrt express n is plied as to Ili '" M '' y of these rormsin an e legal Y specific transaction, Na to ublic, - �Sycommission expires tate -> orm fCaliforniaCuwderFI Ackrowledo ent General C, C; Soo. t i9aj �, , Direct all cor�]'es ondence to. AL B�iy BONDS' _ t.{ Building Market incl Third Sari Francisco, Cafif. 9410 LABOR AND MATERIAL BOND (Subdivision Lnprovernents) ?ND NO. 08M 556 89" KNOW ALL MEN BY THESE PRESENT: { WHEREAS, the City of Cupertino, State of California, and REGNART GREEK ESTATES, LTD, hereinaj rt .'....designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described -in said contract; and WHEREAS, said Pri:nci.pal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials,_ provisions provender or other supplies _or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set _forth; NOW, THEREFORE, we, the Principal, and AMERICAN MOTORISTS INS, CO. as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations 'furnishing materials, previsions, provender or Cather supplies used in, upon; for or about the per- formance of the aforesaid work contracted to be executed or performed udder thecontract hereinabove mentioned, and all persons, companies or corporations lend- ing or hiring teams, implemen.ts or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same; and all persons who supply both work and materials, whose claim has not been paid by Principal or Thy any other person, in the just and full sum of Forty -Eight 'Thousand and no/100 Dollars ($ 48 000.00 r THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such 'reasonable attorney's fee _as shall be fixed by the Court, This band shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1, of the Code of Civil Procedure, so as to give a right of action to thein or their assigns in any suit brought upon this bond, L,ab or �' I d Katy r.i v l _ )]iond Page 2 And the said Surety -j for value received, hereby stipulates, and agrees that no change, extension of time, _ Iteration or addition to the teruts of the contract or t( the work to be performed thereunder or the specifications accompanying the sate shall in: any wise affect its obligations on this bond, and it does hereby waive notice of any. such change, extension of Lime, atter- alio .. or addition to the terms of _ the contract or to the word: or to the snecj— ications IN WITNESS WHEREOF, this instrument has been duly executed, by the Principa]. -and Surety this _ 8th day of Zj , 19 4t1 (To be signed by Principal and Surety and acknowledgment and notarial seal_ attached.) ST'AT'E OF CALIFORNIA COUNTY OF REGNAR'T` CREED _ FSTATE LTD - Princ#,I By: AMERICAN MOTORISTS INSURANCE rn- Ora this . t .' day of in the year one thousand amine hundred and ` ,n ; before me, _j a Notary Public, State of California, drily conintissionedand sworn, personally appeared g 1�raown to e to e the erson hawse name �' C. -J �5. T l o. a 1 i.7 F 9 p raot a C A i xt.aa, subscribed to the within instrument and acknowledged to me Rs"iOFFPCF, 114 °x S< x a . f ��.. ; that e executed the starve. my corno ,rsa ,d r IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of the day and year in this certificate first above written. This document is only a general form which may be proper for use in simple transactions �., wx and in no way acts or is intended to act, as a substitute for the advice of an atforney. The publisher does not make any warranty, either express or implied as to the legal ,_)Nataa P-ub1ic, State oftalifornia validity of any provision or the suitability of these forms in any specific transaction -. My commission expires Cowdery's Form No, 32 — Acknowledgement m General (tax C. Sec, 190a) STATE OF CALIFORNIA l COUNTY OF SAN FRANCISCO) ISCO) ss. FPO ON � 19 before nye a Notary Public in and for said State, personally appeared A F B r OFICIs r s G. known to me to be the person whose name is subscribers to the CAROl.YN K. SIIA IN within Instrument as the Attorney -in -Fact of AMERICAN k NOTARY PUBLIC - Cuvor lA MOTORISTS INSURANCE COMPANY, and acknowledged to CITY & COUNTY OF SAN FRANCISCO P, MyCorrt fission Expires June 2, 5983 that he subscribed the name OI said Company thereto as _. Surety, and his own name as Attorney -in -Fact. 1204a Vo Notary Public