80-054 Mrs. G. Lowrey - Construction of curbs, gutters, trees along Randy LaneCit-4 of CN perti"o
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
November 21, 1980
Mrs. G. Lowrey
18252 Sayview Drive
Los Gatos, California 95030
IMPROVEMENT AGREEMENT
P.O. Box 580
Cupertino, California95015
We are forwarding to you for your files a fully executed copy -of the
Agreement between the City of Cupertino and Mrs. G. Lowrey, along with
a copy of Resolution No. 5490.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
RESOLUTION NO. 5490
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT AND SIGN-
ING OF IMPROVEMENT PLANS OF PROPERTY LOCATED ALONG RANDY
LANE; DEVELOPER, MRS. G. LOWREY
WHEREAS, there has been presented to the City Council for approval of
improvement plans of property located along Randy Lane by Mrs. G. Lowrey;
and
WHEREAS, there has been presented to the City Council a proposed agree-
ment for the construction of streets, curbs and gutters, and for other improve-
ments, and good and sufficient bonds (letter of credit), fees, and deposits
as set forth in Exhibit "A" having been presented for the faithful performance
of said work and the carrying out of said agreement; and said agreement and
bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said improvement plans herein referred to are hereby approved.
b. The City Engineer is hereby authorized to sign said improvement plans.
C. 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 17th day of Novamhar 1980 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
0
C, SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT Single-family Residence
Mrs. G. Lowrey
LOCATION Randy Lane
'Ta:Lzh.:--a1 Par: or=ancz Bond: $ 6,000.00
Six Thousand and no/100 Dollars
Labor and Ma tar-f;:l Bond: 6,000.00
Six Thousand and no/100 Dollars
C'-ack!.=g and 1==ecticr- Fee: S 300.00
Three Hundred and no/100 Dollars
Ci---7 menses.: 45.00
Forty -Five and no/100 Dollars
250.00
Two Hundred Fifty and no/100 Dollars
Stc= Drayage Fee: $ 287.00
Two Hundred Eighty -Seven and no/100 Dollars
One Year Power Ccst:
Tzae Fees: By Developer
aa-p Clzeck::- Fee: S N/A
7� $ N.4A
NIA
AG R'E EM ENT
This AGRZ'-7'1= made and entered into this 24th day of
October , 19 80 , by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California., hereinafter designated as CITY, and
Mrs. G. Lowrey
hereinafter designated as Developer.
W I T N E S S E T H
i1H. ZAS, the Developer has made application to the CITY for a
Building Permit
and is securing a building.pernit from CITY to construct and maintain a
Single Family Residence
hereinafter referred to as "Project."
T.v'F-= E.kS, CITY hereby approves the improvement plans and specifications
prepared for the Project by Hoskins Engineers
a true copy of said improvement plans and specifications are on file in the
office of the Cit7 Engineer of Cupertino; and Svi3E3F,kS, 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.".
tvHE=EiS, pursuant to the provi sio^s of this AGR. '=T, the CITY hereby
es-� -fish es the amounts of Bond, : ees, and Denos_t as set forth in the following
schedule:
DR!
A_ID DE?^SI-S
?AR = A. Psr�crmanca Bond:
$ 6,000.00
Six Thousand and no/100 Dollars
PART B . Labor and `Sa.tazt ll Bond: g 6,000.00
Six Thousand and no/100 Dollars
PART C. Check�ng and Insaecc:oa Fee:
$ 300.00
Three Hundred and no/100 Dollars
?ART D • Z.cd±.rect Ci-7 Extenses : $ 45.00
Forty -Five and no/100 Dollars
P?3T Z. Development Ya:�atmnance IBeoosit:
Two Hundred Fifty and no/100 Dollars
P 3.i�T F . j t== Dra:image Fee:
Two Hundred Eighty -Seven and no/100 Dollars
P_arr.y G . One Year Power Cast:
250.00
$ 287.00
Pam H. T=ae Fees: $ By Developer
P?277 I. wan checking Fee: c N/A
P=.RT .J. Pari{ Fee: $ NT TTfA
�
PAaT - water `Main Extension Deposit $ N/A
`TOE;, w"� "0��, IT IS =- `_477— A_i_.._ G—=, a=d be=Neen t:.e =art_es w =o
as _c",_ows, TO-ivl+:
T • ',=T' A=.0N
(a) The Devel=e= a =ers tc7 dadicata the ra— ?rcPer_7 saown on
5y refer
wr;ca is attac^ec aer atc and name a pa~ zer ao_ ence . Sa==
dedicated property shall be free and clear of all liens or encumbrances except
those which the CITY shall expressly waive in writing. The Developer agrees not
to revoke said offer of dedication, and to keep said offer open until the CITY
accepts said 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; said Preliminary Title
Report shall be furnished
(2) A standard policy of title insurance issued by a title insurance
company and insuring the CITY in the sum of $ , and
which shall show said property free and clear of all liens or encumbrances
except those as the CITY shall expressly waive in writing; said policy
shall be furnished at the time of acceptance of dedication and recordation
of deed.
(c) Upon the condition precedent that the Developer shall perform each
and every covenant and condition of this AGREEMENT, the CITY agrees to accept said
real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
(a) The Developer shall install and complete the Work within one (1)
year from the date of execution of this AGREZ-IENT, or such longer period as may
be = ecifically authorized in wricinq oy. the Cit-. Engineer. In the event the
Developer fails or refuses to complete the Work within the specified period of
time, the CITY, at its sole option, shall be authorized to complete the Work in
whatever manner the CITY shall decide. In the event the CITY completes the Work,
the CITY may recover any and all costs incurred thereby from the Developer or the
Developer's surety or both.
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(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 of Cupertino, and in accordance with all plans, specifi-
cations, standards, sizes, lines and grades approved by the City Engineer. 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 any
material or workmanship meets the standards, specifications, 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 High-
ways, State of California, dated January, 1973 and in accordance with the speci-
fications of the Cupertino Sanitary District where applicable.
Wherever the words "State" or "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 of Cupertino and/or the Cupertino Sanitary District, the specifications
of the City of Cupertino and/or the Cupertino Sanitary District shall take prece-
dence over and be used in lieu of such conflicting portions.
3. E_:CAVATION PERMIT
It is further agreed that the Developer shall comply with Section Three of
Ordinance No. 130 of the 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 notify the City Engineer of the exact
date and time when the proposed excavation is to commence.
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4. QUITCLAIM DEED
It is further agreed that Developer, when req.uested.by, the CITY, shall
quitclaim all his rights and interests in, and shall grant to CITY authorization
to extract water from the underground strata lying beneath said project and
Developer agrees to execute a "Quitclaim Deed and Authorization" in favor of
CITY, when presented to him for signature.
5. BONDS AND OTHER SECURITY
(a) Upon the execution of this AGREEIENT, the Developer shall file with
the CITY a faithful performance bond to assure his full and faithful performance
of this AGREL'MENT. The penal sum of said faithful performance bond shall be the
full cost of any payment to be made under this AG11EL-,1ENT, the value of any land
agreed to be dedicated, and any improvements to be made under this AGXE2%1ENT. In
the event that improvements are to be made under this AGREMENT, the Developer
shall, in addition to said faithful performance, file with the CITY a labor and
materials bond in a penal sum adequate to assure full payment of all labor and
materials required to construct said improvements. The amount of said bonds shall
be as designated by the City Engineer. Said bonds shall be executed by a surety
company authorized to transact a surety business in the State of California and
must be approved by the City Attorney as to form and by the City Engineer as to
sufficiency. In the event that the Developer shall fail faithfully to perform the
covenants and conditions of this AG1REE2•1E2iT, or to make any payment, or any dedica-
tion of land, or any improvements herein required, the CITY shall call on the
s4=� to ; �rform this AGREr._-1ENT or otherwise ir_demnify the CITY for the Developer's
failure to do so.
(b) In lieu of a surety bond, the Developer may elect to secure this
AGRI;EHENT by depositing with the CITY:
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(1) Cash; or,
(2) A cashier's check, or a certified check, payable to the order
of the CITY; or,
(3) A certificate of deposit, or instrument of credit meeting the
requirements of Government Code Section 66499 (b) or (c).
(c) The amount of said cash, checks, certificate of deposit, or instru-
ment of credit shall be as designated by the City Engineer, and shall be the equiv-
alent 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 AGREEMENT, or to make any payment, or
any dedication of land, or any improvements therein 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. 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
Project, 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 con-
struction 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 AGREEMENT, indirect expense allocable to processing these improvements,
the amount as set forth herein at Page 2 (Part D).
7A. MAP 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 checking
of street monuments, in compliance with Section 4:1 of Ordinance No. 47
(Revised 12/4/61) of CITY, the amount as set forth herein at Page 2
(Part I) .
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the Developer shall pay to the CITY,
prior to execution of this AGREEII1ENT, 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 def ects 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.
9.A.ST0RM DRAINAGE FEE
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 F) .
9.B. WATER MAIN EXTENSION DEPOSIT
The Developer further agrees to deposit with the City those monies
required Lo comply with "Policy on hater iiain Extensions '-Work and Depositsf1
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 ?taster Plan.
The amount shown herein at Park K, Page 2, shall be the full amount due.
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10. ONE YEAR POWER COST
It is further agreed that the. Developer shall pay to CITY prior
to execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part G), which amount represents the power cost for street lights for one
year.
11. FEES FOR THE INSTALLATION OF STREET TREES
It is further agreed that the CITY shall, at such time as deemed
appropriate by the City Engineer, plant and maintain street trees in con-
formance with the standards of the City of Cupertino. As payment for said
installation and maintenance by the CITY, the Developer shall pay to the
CITY, prior to the execution of this AGREEMENT, the amount as set forth
herein at Page 2 (Part H), 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 that the Developer shall pay such fees and/
or dedicate such land to. the City,.prior to execution, as is required within
"Park Dedication Ordinance" Number 602, 1972 and which -is further stipulated
under Part J., Page 2 herein.
13. MAINTENANCE OF THE WORK
It is further agreed that the Developer shall maintain the Work,
until all deficiencies in the Work are corrected to conform to the Plans
and the CITY standards and specifications for the Work. The Developer shall,
upon written notice thereof, immediately repair or replace, without cost
or obligation to the City of Cupertino, and to the entire satisfaction of
said CITY, all defects and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said Work.
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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 Project and stating that a bond to insure full and faithful performance
of the constructions of the said sanitary sewers and to insure maintenance
of said sanitary sewer in conformance with the provisions as set forth in
Paragraph 13 above has been filed.
15. GOVERNMENT CODE
It is further agreed that Developer shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government 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 =erva said Project and s_a_iro t',at all necessary fees have been deposited
with said District to insure installation and five (5) year rental fee of
said hydrants.
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17. STREET LIGHTING
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_r_AC 7_ AVn P T k 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 property and any and all fees required for under -
grounding as provided in Ordinance No. 331 of CITY when Developer is notified
by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific
Telephone and Telegraph Company that said fees are due and payable.
19. EASaIENTS 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 at his own cost and
expense. It is provided, however, that in the event eminent domain proceedings
are required by the CITY for the purpose of securing said easement and right-of-way,
that the Developer shall deposit with CITY a sum covering the reasonable market
value of the land proposed to be taken and to be included in said sum shall be a
reasonable allowance for severance damages, if any. It is further provided that
in addition thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the CITY may
require shall be deposited with C11f.
20. HOLD HARMLESS
It is further agreed that, commencing with the performance of the Work
by the Developer or his contractor and continuincuntil the completion of the
maintenance of the Work, the Developer shall indemnify, hold harmless and defend
the CITY from and against any or all loss, cost, expense, damage or liability,
or claim thereof, occasioned by or in any way whatsoever arising out of the perf or-
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mance or nonperformance of the Work or the negligence or willful misconduct of
the Developer or the Developer's agents, employees and independent contractors.
21. INSUR.MCE
It is further agreed that: The Developer shall take out, or shall require
anv contractor engaged to perform the Work to take out, and maintain at all times
during the performance and maintenance of the Work called for or required to be
done hereunder, a policy of insurance naming the CITY and members of the City
Council of the City of Cupertino, individually and collectively, and the officers,
agents, and employees of the CITY individually and collectively, as insured. Said
separate policy shall provide bodily injury and property damage coverage to the
foregoing named CITY and individuals covering all the Work performed by, for, or
on behalf of said Developer. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide that the
coverage afforded thereby shall be primary coverage to the full limit of liability
stated in the declarations, and if the CITY, its members of the City Council,
individually and collectively, and the officers, agents, and employees of the CITY,
individually and collectively, have other insurance against the loss covered by
said policy or policies, that other insurance shall be excess insurance only.
(a) Each of said policies of insurance shall provide coverage in the
following minimum amounts; for bodily injury, $100,000 each person; $300,000 each
occurrence; property damage, $50,000 on account of any one occurrence with an
aggregate limit of not less than $200,000.
;) The Developer shall file .viui the City Engineer at or prior to the
time of execution of this AGREE24ENT by the Developer such evidence of said foregoing
policy or policies of insurance as shall be satisfactory to said City Engineer.
Each such policy or policies shall bear an endorsement precluding the cancellation
or reduction in coverage without giving the City Engineer at least 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 of Cupertino
shall equally apply to municipality and political subdivision.
22. SUCCESSORS
This AGREE'i•IENT shall bind the heirs, administrators, executors, successors,
assigns and transferees of Developer. The assignment of this AGRE T shall not
be made without approval by the City Council of CITY.
IN WITNESS 'vH=REOF, said CITY has caused its name to be hereunto affixed by
its '•1ayor 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.
Approved as to form:
"ty Attorney
CITY OF CUPERTINO
A-)o
By % — � -� !i� Z
ayor
By
City Jerk
DEVELOPER
By
Acknowledgements and Exhibit(s)
attached.
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STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On October 24th , 1980 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
Mrs. G. Lowrey =
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
o66aoeneeeaee®ecuc......•••••.......----
OFFICIAL SEAL
MARJORIE STEVENSON
NOTARY PUBLIC - CALIFORJ9IA
PRINCIPAL OFFICE JN THE
COUNTY OF SANTA CLARA
Comm. Exp. July 5, 1983
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA)
Notary Pudic in and for the County
of Sant a Clara, State of California
CORPORATION ACKNOWLEDGEMENT
ss.
On , 19 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
, known to me
to be the of , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official-
saal - _..a County of Santa Clara t' e day . rd year in this certificate first
_-va wr_ t zen.
Notary Public in and for the County
of Santa Clara, State of California
19. (continued)
Do not pursue land acquisition for assisted housing.
This matter will be considered at the meeting of October 5, 1981.
20.. Council adopted Resolution No. 5722 setting public hearing regarding
application of Vehicle Code to private roads in the Cupertino Country-
wood subdivision, changing the date of the public hearing from October
-r� crr 19 to October 20, 1981, and conducted first reading of Ordinance No. 1138
regulating stopping, standing or parking on private streets.
21. Council released Mrs. Lowrey from her obligation of improvement agreement
and returned her bonds and fees except for $345 for checking and inspection
and indirect City expenses
22. The City Attorney was directed to provide Council with information
regarding the Senate redistricting legislation.
23. Council enacted the.following ordinances.
No. 1132: Prezoning approximately 30 acres to RHS and R1-6 zones.
No. 1133: Revising Section 2.08.090 of Code, Order of Business.
No. 1134: Amending Chapter 16.12 of Code, requiring preliminary soil
report.
No. 1135: Amending Section 11.24.160 of Code, parking on Bollinger
Road.
24. Council expressed support for AB 1023 (Thurman) regarding des.truction
of records and AB 2078 (Nolan and Stirling) relating to peace officers'
training.
ri
The Clerk's office shall send a letter of support of AB 2078 to the
Governor urging his signature.
25. The City Clerk was requested to bring back information regarding the
length of time neighboring communities keep tapes of meetings.
26. Council requested that the matter of the consultant for the police and
fire study be agendized for the meeting of September 29, 1981.
27. Council directed staff to pursue the possible acquisition of the Molander
property adjacent to Jollyman Park.
28. Council adjourned to 7:00 p.m., Tuesday, September 29, 1981.
DC:rw
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