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80-057 Itsuo Uenake Developer res. # 550710300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino, California 95015 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK December 19, 1980 Mr. Itsuo Uenaka 10431 No. De Anza Boulevard Cupertino, CA 95014 IMPROVEMENT AGREEMENT Dear Mr. Itsuo Uenake: We are enclosing to you for your files a fully executed copy of the agreement by and between the City of Cupertino and Itsuo Uenaka, et. al., along with a copy of Resolution No. 5507 which was enacted by the City Council of the City of Cupertino on December 15, 1980. Sincerely, D090THY CORNELIU� CITY CLERK CITY OF CUPERTINO DC/so encl. To Dorothy Cornelius, City Clerk C1 Information CI Implement CI Investigate !=1 Discuss See me j-1 Reply CITY OF CUPERTINO INTERDEPARTMENTAL Our File; 51,539 Date Dec. 17. 1980 From Bert J. Viskovich Director of Public Works MESSAGE: Itsuo Uenaka, et al., De Anza Blvd. Transmitted are three sets of improvement agreement for signatures of City_.officials. This is a deferred agreement and requires recordation. Please return a completed copy to Mr. Itsuo Uenaka --a.-t 4-043-1 No. De Anza Boulevard; Cupertino, Ca. 95014. sm attach. - Reply: SIGNED: DATE Send parts l and 2; retain part 3 for follow-up; part 2 to be returned with reply / IJ 10300 Torre Avenue P.O. Box580 Cupertino, Cal iforni a 95014 Cupertino, California95015 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK December 19, 1980 Mr. George A. Mann Santa Clara County Recorder 70 West Hedding Street San Jose, CA 95110 DOCUMENT FOR RECORDATION Will you please record the enclosed document as follows: Agreement - Agreement by and between the City of Cupertino and Itsuo Uenaka, along with a certified copy of Resolution No. 5507. Sincere.ly5...,' 7 DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. F 867 F!C,- 455 RESOLUTION NO. 5507 F 867 4�5 r JA c a i U 22i'f ' 8 f'_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERT �' a�A GLARA 0 NT.1� APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPE'RGE A M� ' 1S►RAR.IJ LOCATED ALONG THE WEST SIDE OF DE ANZA BOULEVARD SOUTH OF MARIANI AVENUE; DEVELOPER, ITSUO UENAKA, ET AL.; AUTHOR- IZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located along the west side of De Anza Boulevard south of Mariani Avenue by Itsuo Uenaka, Marian F. Uenaka, Ernest S. Uenaka and Shigeko Uenaka; and WHEREAS, there has been presented to the City Council a proposed agree- ment containing provisions for the immediate and deferred for the construc- tion of streets, curbs and gutters, aid for other improvements, and good and sufficient bonds (letter of cred't), 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 map, agreement and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all easements is hereby accepted. C. The City Engineer is hereby authorized to sign said improvement plans. ­d. The City Engineer and the City Clerk are herby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. f. The deferred agreement shall be recorded with the County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of December , 1980 by the folhozI-1,ng' G..te: THIS IS TO C rTI'rV'Tt N'174FHIN Vote Members of the City Council INSTRLM EN—t IS AT E AI4 r>n =E ,copy AYES • Gatto, Plungy, Sparks, Rogers [IF THE ❑RIGIP'dfaL i J Eal IN T oF�ICE. NOES: None ABSENT: Johnson ATTESTa --.� ABSTAIN: None CITY CLEF T. E' CITY CF C No BY t l Ae G ATTEST: APPROVED: Ch✓TY RIB ,a v�F,,, /s/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino Resolution No. 5507 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS F 867 45G DEVELOPMENT: ITSUO UENAKA, ET AL. Commercial Development LOCATION West side of De Anza Blvd. south of Mariania Avenue North De Anza Boulevard Defer 3ond. $ $6,000,00 - cul de sac Sig: Thousand and no/100 Dollars =-_ 3. : a_:cr and uacex=i 3cnd. Six Thousand and no/100 Dollars PJ C . Crec!s_ng and Fee: North De Anza Boulevard Deferre $ $6.000.00 - cul de sac North De Anza Boulevard Deferre $ 360.00 - cul de sac Three Hundred Sixty and no/100 Dollars ect Cic7 Zx=ems es. $ 54.00 - Fiftv-Four and no/100 Dollars "'= Develoncent "a�cnca LePosic: $ 250.00 Two Hundred Fifty and no/100 Dollars ??i= - . St:,.^rnage Fee: S 10,582.00 Ten Thousand Five Hundred Eighty -Two and no/100 Dollars P_ C • CCe 'ea-- PCve= Ccs t : $ On File T= e_ Fees: $ By Devel oper CHecs::g Fee: e 50.00 Fifty and no/100 Dollars P_R= J. ?a.'.t Fee: $ N/A PART K. 'Nara= w.a_a Eaters-.cn Denosit $ N/A RF _N Tea ,CITY iCUPERi'i; =.`, CAA OZ3014 A G R E E :4 E N T This AGREEMENT made and entered into this 15th N 0, WITH L v 103 day of December , 19 80 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and ITSUO UENAKA, MARIAN F. UENAKA, SHIGEKO UENAKA, AND ERNEST S. UENAKA , hereinafter designated as Developer. W I T N E S S E T H WHERE. -AS, the Developer has made application to the CITY for a and is securing a building permit from CITY to construct and maintain a Commercial Development , hereinafter referred to as "Project." �vMEREAS, the CITY hereby agrees to permit deferTqent of required development improvements along North De Anza Boulevard only, in accordance with the provisions in this AGRE04ENT, and WF.EREAS, the Developer hereby agrees to provide necessary improvement olans and specifications -at such time as they may be required by the City Engineer or as provided herein, and WHEREAS, ,the Developer further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared, and ','HERL.S, the Developer agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with conditions of development approval, and pursuant to the provisions of this AC_UE=FNT, the CITY hereby establishes the amounts of Bond, Fees, and Deposit as set forth in the following scheduler -1- SC=- OF 30.E . : `=S . UM D ^SI'_'S F 867 P' 458 North De Anza Boulevard Deferred A. =3==h=31 Psr=ars2nc_ 3ond: S $6,000.00 - cul de sac Six Thousand and no/100 Dollars p�T• 3 • "for end Sat :ri31 Bond: $ North De Anza Boulevard Deferred $6.000.00 - cul de sac Six Thousand and no/100 Dollars PA?= C. Checs=ng and InsV ect:ar. Fee: $ North De Anza Boulevard Deferred 360.00 - cul de sac Three Hundred Sixty and no/100 Dollars " FAR D. L:dr act CitF Expenses: $ 54.00 ^ Fifty -Four and no/100 Dollars PA3: Z. Development ua:.nt� :aace Deposit: $ 250.00 Two Hundred Fifth and no/100 Dollars P?..3_ - . Stagy Drainage Fee: S 10,582.00 Ten Thousand Five Hundred Eighty -Two and no/100 Dollars P°- v • Cme Year Power Ccst : $ On File PAR= H. T_ _s Fees: PART 1. uFa Checking F ee Fifty and no/100 Dollars P-AR: J . P a= k. Fee: PART Z. 'Water Main Extensian Deposit $ By Developer S 50.00 $ u/A $ N/A NOW, "'-'O IT IS`.U7JALLIT AGE:.' � - o h ` y 7 by :sd �e��e n t .e Par =es �eratc as fcl:cw s , TO-w (a) The Deve? ape= c _ ars to ded_cat= the ran± :ripe= _3 snow-n an which :s attac.ed he=ac= and made a pa= herd+_ Sy r2S-rance. Sa-c F 867 459 dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall expressly waive in writing. he Developer agrees not to revoke said offer of dedication, and to keep sai 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 7nveyances, ' of the real property described in Exhibit "A", and such other executed c, or instruments necessary to convey clear title as herein requir,,6d. 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 in the CITY in the sum of $ and which shall / ow 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) Upofi 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 AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the Developer fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to 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. -3- 7 " i 8 6- 4'Y/ V (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. EXCAVATION 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. -4- 4. QUITCLALNI DEED It is further agreed that Developer, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata 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 AGREEMENT, the Developer shall file with - the CITY a faithful performance bond to assure his full and faithful performance of this AG= -HE dT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEIENT. In the event that improvements are to be made under this AGREMIENT, 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. Th�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 AGREF24ENT, or to make any payment, or any dedica- tion of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREE,IENT or otherwise indemnify the CITY for the Developer's failure to do so. (b) In lieu of a surety bond, the Developer may elect to secure this AGREEMENT by depositing with the CITY: -5- F 367 4 G 2 (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. CHECXING 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 Q . 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 AGREE'.1ENT, 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 AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the Developer complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9.A.STORM, DRAINAGE FEE It is further agreed that the Developer shall deposit with the CITY, prior to execution of this AGREEMiT, 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 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 Master Plan. The amount shown herein at Park K, Page 2, shall be the full amount due. - 7 - 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. 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 serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. �� 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.G.& E. AM 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 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. EASEIIENTS 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 sad 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, e 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 by the Developer or his contractor and continuing) until the completion of the maintenance of the Work, the Develope-r 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 perfor- 'r - 10 - 7 P!":- 4 G 7 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. INSURANCE It is further agreed that: The Developer shall take out, or shall require anv contractor engaged to perform the Work to talke out, and maintain at all times during the performance and maintenance of the Tdork 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, agent!�-,, 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 amountsc for bodily injury, $100,000 each person; $300,000 each occurrence; property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. (b) The Developer shall file with the City Engineer at or prior to the time of execution of this AGREEIENT 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 — 11 — F 867 P!,1468' 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 sub- division and the provision set forth herein and above for the protection of the City of Cupertino shall equally apply to municipality and political sub- division. 22. DEFERMENT It is further agreed that the Developer shall furnish, construct and install at his own expense, either upon six (6) months notice from the CITY, in which event the Work must be completed within one (1) year thereafter, or in the absence of such notification, no later than five (5) years and six (6) months from date of this AGRMIENT, the following improvements: 1. Sidewalks, landscaping and other public improvements as t required by City ordinances and conditions Until such notification is made by CITY, or such time has elapsed, Sections numbered 2 - 22, except section 9 (et al) f are hereby ,deferred. The Developer further agrees to cooperate, upon notice by the CITY,'with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. - 12 - 2C . SJCC=_ SORS - RIM ' - F ' I'M f This AG -,I IMNI shall bind the heirs, admi:.istrators, executors, successors, assig= s and transferees of Developer. It is agreed and u-.derstood that this AG2S=. sham be filad for record in the Office of the County 1 Recorder of the Count? of Santa Clara, State of Califorzu.a and that the covenants in this �1GZE=f�+� shay? run with the -land, a description of which is conta=ned is ?--.h+i bit which is attached hereto and made a oar t hereof by reference, and are for the benefit of the other. lands in the City of Cup ert4no . IN WIMINESS Tva�DF, CI?'Y has caused its name. to be hereunto a=f_ red by its i{avor and Ci_3 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 abcve wL_ttan CITY OF CUC =MTO =Ary��� .e 3y _ r�ea 2 - . aa7o r By Approved as to form: DEVELOP zlw 11 ! J City At:crnE;T,,c 3y Ack::c,; ed:;a—_e=:s and A.R at_ach. ed - 13 - F t3E;7 ?i 4'703 STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On Oa7CI-,qr 1 r 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared itsuo Janaka, marian F. Usnaka, Shiggko Urmaka and U--nest S . Lrena a 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. OFFICIAL SEAL PETER M. NAKAHARA IOTARY PUBLIC--CALIFORNIA SANTA CLARA COUNTY I4 19ES2 r,­ ..,, Ion Expires August 1 --------------------------------------- z" Notary Pub c in an for the County of Santa Clara, State of California CORPORATION ACKNOITLEDGE`fENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) 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 seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California F 867 47-1 rXUTRTT "A" That certain real property within the City of Cupertino delineated as Parcel 5 on that certain Record of Survey filed for record in Book 316 M., Pages 46.and 47, Santa Clara County Recorder. 10­ IV-89"52'24'E MAR/AN/ 607 IVO*02'OG-W. 49.90, F 867 472 Hr"A" T B /C. 00 A Clil a�l � I Cd 4k, .... .... .... N' -4 6D (/V. 89.68,00 9.96. fG) I Z6 393.5G, /V 89 o52,24 "E.542.53' . ..... i32.53' .... .. 60 7IC71 CR LQ ) 9 7IC71 I IL 115 69 '52'24 )rain Ease. IC77,3,-56,9 34_ L IQ, C773P572 O C� o^i�� o'Q,.'� I PARCEL 5 10'Sani.Aclry Sewer Ease. 2.512 t Acres X10 U. E. F f 0 IR/_/. E I uj N l ...... 1.30 1 ....... 510.31' 9 3G. 35' ........ 40' Q) 23. This Zi :Mr."L shall bind the heirs, admiziscrators, executors, successors, ass:6 s and transfer=_as of Developer. It is agreed and urders tood that this sham be filed for record in. the Office of the County It Recorder of the Ccuncy of Santa Clara, State of Cali.Tornia and that the covenants in this AGMZ---'=ii sham run with the .land, a desc_ipticn of which is ccnta=ned in ?-chibit " 4" which is attached hereto and made a part hereof by reference, and are for the benefit of the other. lands is the City of Cup ertino . IN '�I_"SS ?�DF, CITY has caused its name. to be hereunto af:;ed by its :Savor and Cit•3 C'_er�, thereuntc duly authorized by resolution of the City Courcil and said Developer has hereunto caused his name to be aff— _ed the day and year first above w—.-ttan. CITY OF CUP=iNO sy iiaya r ' 2 ` Ci; Cl er t Approved as to f o City :attorney 1 i 3y Ac:=.cw ed--e— is a d attached. 13 - CITY OF CUPERTINO INTERDEPARTMENTAL Date Jan. 21, 1981 To Dorothy Cornelius, City Clerk From Bert J. Viskovich Director of Public Works Cf Information r-1 Implement =1 Investigate Discuss See me 1-1 Reply Reply: MESSAGE: Release of Covenants - Uenaka Transmitted for signatures are three sets of the Release of Covenants Agreement with Itsuo Uenaka. This document requires recordation. Please return one copy to this office and forward a copy to Mr. Uenaka at 10431 No. De Anza Blvd., Cupertino, Ca. 95014. sm attach. SIGNED: DATE Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply f REC FEE a/ MICRO LIEN NO SMPF F TP41 AT iREQUES1- of FEB 10 ? 27 P 161 RESOLUTION NO.F 55 1 '01"FICIA R�rOR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPER-J& Rba AUTHORIZING EXECUTION OF RELEASE OF COVENANTS FOR PUR-AN���' CHASE OF ENGINEERING PLANS AND SPECIFICATIONS - ITSUO UENAKA, NORTH DE ANZA BOULEVARD WHEREAS, the City of Cupertino and Itsuo Uenaka, did agree, by way of agree- ment which was recorded in Book 854, Pages 122, 123 and 124, that Itsuo Uenaka would pay the City for engineering plans and specifications in con- junction with Crossroads Unit 2; and WHEREAS, itsuo Uenaka has paid the City the sum of Six Thousand Two Hundred Four Dollars ($6,204.00) in return for the release of all agree- ment interests, covenants and restrictions on Parcel A of that certain parcel map; recorded December 22, 1980 in Book 477, Pages 28 and 29. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized to execute the "Release of Covenent" agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of January , 1981 by the following vote: Vote Members of the Citv 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 TKIS IS, I�STRIJIdiEN-f I=;ATjt4l�,4,�r.�:C:__! 1lT 00 City Clerk OF THE ❑RIGINAI_, (]:N'FIL ' iPq .: OFFICE. ATTEST, I CITY CL K 11 THE CITY OF Rl` NO ®Y CITY. LERK R5TLJR-N Tr) OF 10000 'T' ° %' NO FEE IN /AC'.t, — i �►�14� Cl.11°ER 8"v'-), r " l WITH 60V CODE 0103 Release of Covenants for Purchase of Engineering Plans and Specifications per Agreement filed for Record at Book 854, page 122, 123 and 124 F 914 ?.::; izi THIS AGREE14ENT made this day of p ,� �� 19 % by and between the CITY OF CUPERTINO and ITSUO UENAKA. WHEREAS, ITSUO UENAKA has applied for a building permit on Parcel A of that certain map filed for record on December 22, 1980, in Book 477, Pa es 28 & 29. WHEREAS, the CITY OF CUPERTINO and ITSUO UENAKA did agree that ITSUO UENAKA would pay the CITY OF CUPERTINO for engineering plans and specifications upon ITSUO UENAKA requesting a building permit. Said AGREMIENT was recorded at Book 854, page 122, 123, and 124. NOW THEREFORE, be it resolved that ITSUO UENAKA shall pay the CITY OF CUPERTINO Six Thousand Two Hundred Four and no/100 Dollars ($6,204.00) and the CITY OF CUPERTINO shall release all agreement interests, covenants and restrictions on Parcel A leaving the provisions in full force and effect over Parcel B of said map. ' C Itsuo Uenaka Approved as to form: 1 City Attorney CITY OF CUPERTINO By (q �(� B tiayo. y City 1'exk STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On �%cErn 13E—:: {2 /6 199'0, before me, the undersigned, a Notary Public in and for said State, personally appeared r f -rEb) 0 ()E:-.k)"gKi9 , 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. pro , OFFICIAL SEAL ". MILDRED E. FOSTER -.: NOTARY PUBLIC — CALIFORNIA THE - PRINCIPAL OFFICE IN _ COUNTY OF SANTA CLARA Comm. Exp. Jan. 6, 1984 Notary Public in and for th County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) 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 seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California : 3NUAL PRE-HIT2,11 $ 2 9 7 . 0 0 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) Bond No. J-5-71-74 KNOW ALL iLLd B'17 T�LESE PRESLNTS THAT WE, Itsuo Uenaka & Marian F. Uenaka as Principal and Peerless Insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Six Thousand and no/100 Dollars Dollars ($ 6,000.00 lawful money of the United States, for the payment of :which will and truly to be made, we 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 commercial development located on De Anza Boulevard south of Mariani in accordance with the approved Imp;:ovement Plans prepared by Creegan and D'Angelo Civil Engineer on file in the Engineer's Office, City of Cupertino. WHEREAS, 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 covenants and obligations as set forth above, on its part to be done and performed at STATE OF CALIFORNIA SS. County of San Francisco On this .l?th... day of ,February,,,,, in the year nineteen hundred and Al ., A. D., before me Barbara,M.,,Orov,itz... personally appeared Wm. E..Pendleton known to me to be the Person whose name is . .. .. ....... subscribed to the within instrument as the attorney in fact of ....... .Peerless,Insurance,Company, and acknowledged to me that he subscribed the name of ,?tsuo ,Uenaka ,& ,Marian ,F., ,Uenaka , , , , . thereto as principal and his own name as attorney in fact. OFFICIAL SEAL BARBARA M. OFROU{TZ NOTARY PUBLIC — CALIFORNIA San Francisco County My Commission Enpiros h'ov. 12, 1SM3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate above written� J/® j Notary PuSlic in and for the County San Francisco, Statte of California My Commission expiresa� STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On �l'�/-%,0'CH /.3 19 � 1 , before me, the undersigned, a Notary Public in and for said State, personally appeared C 1�F&lp 19 /-7/u;) VIR 21 1411V 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. �4 OFFICIAL. SCAL MILDRED -E. FOSTER t>>,. NOTARY PUBLIC - CALIFORNIA �\ PRINCIPAL OFFICE IN THE COUNTY OF SANTA CLARA Comm. Exp. Jan. b, 1984 t a ' 4for `otary Public in and h County of Santa Clara, State of California CORPORATION ACKNMTLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) 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 !MEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California V, LABOR AND MATERIAL BOND Bond No. J-5-71-74 (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Itsuo Uenaka & Marian F. Uenaka 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 Peerless 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 or performed under 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 upon7f'he same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of Six Thousand: and no/100 Dollars ($6,000.00 ) 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. Labor and "iateri:-1. Bund Page 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of tim%:, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications. accompanying the sarr:e 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 terns of the contract or to the work or to the sneci- fications. IN WITNESS WHEREOF, this instrument has been duly executed, by the Principal and Surety this 17th day of February 19 81 . STATE OF CALIFORNIA SS. County of San Francisco of .F.ebzuazy..,.., in the year nineteen hundred On this .12th... day personally appeared and . 81 • • , A. D . , before me .Haxb.aza .M •. •Qr.Qv:"7 ' ' ' erson whose name is .v;<m„ , .�endleton ......... , known to me to be the p that he in fact of ... _ . . subscribed to the within instrument as the attorney exless znsuxance .ComPanY , and acknowledged mthereto asspbrincipal the name of .ztsuo .venaka .& .Max�.an -F and his own name as attorney in fact. - --- h—to set OFFICIAL SEAL 13ARB,ARA r OVITZ NG- ,,RY ��,n ErW.ncli:co County My Comrrlission [; ir2s j,,ov. 12, 1583 srJ �i�f� IN WITNESS WHEREOF, I have ere - my hand and affixed my official seal in said County the day and year in this certificate above written. ✓�/1�� ✓ --°� Notary Pu lic in and or the Count o San Francisco, State of California My Commission expires STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On %Ff /C/l 13 , 19_&L, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. 14ITNESS my hand and official seal. JU11111i111gglllq0lAqqql¢gglq/AAB/AIAA/11AIA///1/A/A �' of PICIAL 'SEAL- �` MILDRED E. -FOSTER LIC — CALIFORNIA NOYA.tiY PUB • ' d; 8 TAItt»IPAL �pFIGI IN THE Notary Public in and for the County `p f COUrlrY OF 4ANTA CLARA of Santa Clara, State of California " Comm. Exp. Jan. 6, 1984 Ip/1/111/1////all//1011111//Ila//11/1///111/1/111111/A — — — — — — — — — — — — — — — — -- — — - ---- -- — -- ------------------- CORPORATION ACKNO[•TLEDGLMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAI'VTA CLARA) On 19 before me, the undersigned, a :Votary 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 seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California Chit of Cupertino 10300 Torre Avenue Cupertino, California95014 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK February 6, 1981 Mr. George A. Mann Santa Clara County Recorder 70 West Hedding Street San Jose, CA 95110 DOCUMENT FOR RECORDATION Will you please record the enclosed document as follows:. P.O. Box 580 Cupertino, California95015 Release of Covenants for Purchase of Engineering Plans and Specifications, along with one (1) certified copy of Resolution No. 5530, Itsuo Uenaka. Thank you, DORO CORNELIU CITY CLERK CITY OF CUPERTINO DC/so encl. c1til of C"Per$erio 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK February 2, 1981 Mr. Itsuo Uenaka 10431 N. De Anza Boulevard Cupertino, CA 95014 RELEASE OF COVENANTS Dear Mr. Uenaka: P.O. Box 580 Cupertino, California95015 We are enclosing to you for your files a copy of the Release of Covenants Agreement between the City and Itsuo Uenaka, along with a copy of Resolution No. 5530 which was enacted by the City Council of the City of Cupertino at their regular meeting of January 19, 1981. Sincerely DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. RESOLUTION NO. 5530 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF RELEASE OF COVENANTS FOR PUR- CHASE OF ENGINEERING PLANS AND SPECIFICATIONS - ITSUO UENAKA, NORTH DE ANZA BOULEVARD WHEREAS, the City of Cupertino and Itsuo Uenaka, did agree, by way of agree- ment which was recorded in Book 854, Pages 122, 123 and 124, that Itsuo Uenaka would pay the City for engineering plans and specifications in con- junction with Crossroads Unit 2; and WHEREAS, itsuo Uenaka has paid the City the sum of Six Thousand Two Hundred Four Dollars ($6,204.00) in return for the release of all agree- ment interests, covenants and restrictions on Parcel A of that certain parcel map; recorded December 22, 1980 in Book 477, Pages 28 and 29. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized to execute the "Release of Covenent" agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of January , 1981 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 Release of Covenants for Purchase of Engineering Plans and Specifications per Agreement filed for Record at Book 854, page 122, 123 and 124 THIS AGREEMENT made this 1=" day of 'D�G � , 19,fo E by and between the CITY OF CUPERTINO and ITSUO UENAKA. WHEREAS, ITSUO UENAKA has applied for a building permit on Parcel A of that certain map filed for record on December 22, 1980, in Book 477, Pages 28 & 29. WHEREAS, the CITY OF CUPERTINO and ITSUO UENAKA did agree that ITSUO UENAKA would pay the CITY OF CUPERTINO for engineering plans and specifications upon ITSUO UENAKA requesting a building permit. Said AGREEMENT was recorded at Book 854, page 122, 123, and 124. NOW THEREFORE, be it resolved that ITSUO UENAKA shall pay the CITY OF CUPERTINO Six Thousand Two Hundred Four and no/100 Dollars ($6,204.00) and the CITY OF CUPERTINO shall release all agreement interests, covenants and restrictions on Parcel A leaving the provisions in full force and effect over Parcel B of said map. / CITY OF CUPERTINO if z By o p e Itsuo Uenaka Mayor Approved as to form, By City C rk C ty [attorney STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On DEc.1=VY11 C-P, /L , 19 �O , before me, the undersigned, a Notary Public in//and for said State, personally appeared 17SU n 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. t_ammmmmmmmmmmmmmmummmmmmmammaeemmmonmymmmr;mmmmmmmmmmmumml� OFI=ICIAL 02AL MILDRED E. FOSTER NOTARY PUBLIC - CALIFOANIA w PRINCIPAL OFFICE IN THE u COUNTY OF SANTA CLARA Y+ g Comm. Exp. Jan. 6, 1984 ---- m----nmmummmmmEmmmmmmcmmmmmme---- --- Notary Public in and for t e County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) 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 seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California