82-037 San Jose Water Works Three Oaks tract 6921, Resolution 5815RESOLUTION NO. 5815
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY AND SAN
JOSE WATER WORKS FOR THE INSTALLATION OF WATER FACILITIES
IN CONJUNCTION WITH TRACT NO. 6921, THREE OAKS SUB-
DIVISION
WHEREAS, there has been presented to the City Council a contract
between the City of.Cupertino and San Jose Water Works providing for the
installation of water facilities in conjunction with Tract No. 6921,
Three Oaks Subdivision; and
WHEREAS, the provisions of said contract having been approved by
the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the aforementioned 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 16th day of February 1982 by the following
vote:
Vote Members of the Citv Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ Reed Sparks
Mayor, City of Cupertino
THIS IS TO CERTIFY THAT THE'P!THIN
INSTRUMENT IS ATRUE AtC;D CD`R' cE['T r'C?
OF THE ORIGINAL ON {-ILL IN THIS OFFICE.
ATT E S T.��._.� ,3,..... , 1. Z
CITY CLERK 0 _ -.. T'( ❑F CUP- 7 11:❑
By
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MAIN EXTENSION CONTRACT
SUBDIVISIONS, TRACTS, HOUSING PROJECTS, INDUSTRIAL
DEVELOPMENTS OR ORGANIZED COMMERCIAL DISTRICTS
Distribution Plant Only - No Special Facilities
Fire Flow Requirements Meet General Order No. 103
TRACT 6921
THIS AGREEMENT, made and entered into this -� /"
day of 19 92--- , by and between the
person or persons li ed in paragraph 1 hereof, hereinafter
collectively referred to as "Applicant," and SAN JOSE WATER
WORKS, a California corporation, hereinafter referred to as
"Utility,"
W I T N E S S E T H
WHEREAS, the Applicant is the developer of that certain
subdivision of real property situate, lying and being in the
County of Santa Clara, State of California, which is known
as TRACT 6921 Subdivision, in accordance with
the map thereof filed in the office of the County Recorder of
said County on October 2 , 19 81 in
Book 490 of Maps at page _(s) 44 & 45
and which is hereinafter referred to as the "Subdivision," and
WHEREAS, Applicant is now selling or proposes in the near
future to sell lots in the Subdivision and to this end desires
to have water service available in the Subdivision through and
by means of mains and appurtenances to be installed therein
substantially as shown on that certain map attached hereto,
marked Exhibit B and by this reference made a part hereof, and
by services (including service pipes, fittings, gates and
housings therefor, and meter boxes) to be installed in
accordance with Utility's usual practices, said mains,
appurtenances and services being hereinafter referred to
as the "Facilities;" and
WHEREAS, the installation of the Facilities and the furnish-
ing of water service through and by means thereof are
necessary and valuable adjuncts to the sale of lots in the
Subdivision, and will materially increase the value of said
lots; and
WHEREAS, upon the terms and conditions herein set forth
Utility is willing to install the Facilities and to furnish
water service in the Subdivision through and by means thereof
at the rates and in accordance with the rules of the Utility
now in force, or that may from time to time hereafter be
lawfully established in its service area;
NOW, THEREFORE, for and in consideration of the premises
and of the mutual covenants, agreements, terms and provisions
herein contained, it is agreed as follows to wit:
1. Applicant. The names and addresses of the person or
persons herein collectively referred to as "Applicant" are
as follows:
Name
Mr. Travice Whitten
City of Cupertino
Address
10300 Torre Avenue
Cupertino, CA 95014
2. Applicable Rule. This agreement is entered into
pursuant to the requirements and in accordance with the various
applicable provisions of Utility's Main Extension Rule,
hereinafter referred to as the "Rule," in effect and on file
with the California Public Utilities Commission; a copy of
the Rule is attached hereto, marked Exhibit A and by this
- 2 --
reference made a part hereof. This agreement does not,
therefore, require specific authorization of said Commission
to carry out its terms and conditions.
3. Fire Protection. The distribution system is designed
to meet the minimum fire flow requirements contained in
Section VIII 1(a) in the California Public Utilities Commission
General Order No. 103 as ordered by Decision No. 84334,
effective June 5, 1975.
4. Applicant's Deposit. The estimated total installed
cost of the Facilities, hereinafter referred to as the
"Estimated Cost," is $ 13,870
Applicant has
advanced to Utility an amount equal to the Estimated Cost,
receipt of which amount is hereby acknowledged by Utility.
5. Installation of Facilities. Utility agrees that it
will, as soon as necessary materials and labor are available,
and necessary permits, franchises, licenses or other govern-
mental authorizations have been obtained, commence and
prosecute to completion with all reasonable diligence the
work of installing the Facilities. Utility reserves the right
to make such changes in design or materials as it may deem
necessary. Within sixty (60) days after Utility has ascertained
its actual costs in installing the Facilities, it will provide
Applicant with a statement of the same showing in reasonable
detail the costs incurred for materials, labor and other
direct and indirect costs, overheads and total costs, or unit
costs or contract costs, whichever are appropriate. If such
actual construction costs shall not have been determined within
one hundred twenty (120) days after completion of con-
struction work, a preliminary determination of actual costs
- I -
shall be submitted, based upon the best available information
at that time. If such actual costs as finally determined
shall be greater or less than the Estimated Cost, the
difference shall be advanced by Applicant to Utility or
repaid by Utility to Applicant as the case may be, and the
Estimated Cost adjusted accordingly. The Estimated Cost
as so adjusted shall be Applicant's Advance Subject to Refund.
6. Engineering and Street Grades. Applicant agrees to
set stakes on the street and lot boundaries of the Subdivision
and provide Utility with. finished street grades and typical
cross sections to enable Utility to determine a location for
the mains and the depth to which they are to be laid. Utility
will determine the locations and depths of the mains in
relation to the data furnished by Applicant. Installation of
the mains will not be commenced by Utility until curbs and
gutters have been installed and street grades have been
brought to those established by public authority. In the
event Utility incurs any cost or expense in relocating,
raising or lowering the Facilities by reason of inaccuracy
of Applicant in performance of its obligations under this
paragraph, Utility shall give written notice to Applicant of
such actual cost or expense within ten (10) days after Utility
has ascertained the same, and Applicant agrees to pay Utility
promptly the amount thereof, which shall not be subject to
refund by Utility hereunder.
7. Applicant's Agreements. Applicant agrees to use its
best efforts to assist Utility to obtain any and all permits,
franchises or other governmental authorizations which may
be required for the installation of the Facilities.
- 4 -
8. Refund. Provided that Applicant is not in default
hereunder, Utility agrees to make refunds hereunder to Appli-
cant or such other party as may be entitled thereto in
cash, without interest, for a period not to exceed twenty (20)
years from the date hereof in annual payments made within
forty-five (45) days of the anniversary of the date of com-
pletion of installation of the Facilities. Refunds shall be
determined as follows: Utility shall determine the revenues
received by it from customers, including fire protection
agencies, supplied by service pipes directly connected to the
Facilities; the refund shall be 22% of the revenue so received.
The total amount so refunded shall not exceed Applicant's
Advance Subject to Refund, without interest.
9. Service from Facilities
The Facilities were designed
to serve 7 customers as shown on Exhibit B
hereto. If at any time within twenty (20) years from the
date hereof 6 bona fide customers (defined
in Section A.3.a. of the Rule) are being served from the
Facilities, Utility will so notify Applicant, and at that
time will become obligated to pay Applicant in cash any balance
of Applicant's Advance Subject to Refund which may remain
unrefunded at the end of said twenty (20) year period. Any
such balance shall be refunded in five (5) equal annual install-
ments, payable beginning twenty-one (21) years from the date
hereof.
10. Utility's Right of Offset. In the event Applicant
shall become entitled to a repayment or refund under the
provisions of paragraph 5, 8 or 9 of this agreement, Utility
shall have the right at such time to offset against the
amount then due Applicant hereunder the total amount of any
indebtedness then due or owing'by Applicant to Utility.
- 5 -
11. Ownership. The Facilities to be installed here-
under and all construction work in connection therewith
shall be and remain at all times the property of Utilities,
and Applicant shall have no right, title or interest what-
soever in or to the same.
12. Construction Delay. Utility shall not be responsi-
ble for any delay in construction resulting from any cause
beyond its control, including, without limiting the generality
of the foregoing, any delay resulting from inability to obtain
sufficient proper materials and supplies, labor disturbances
or shortages, or weather conditions or inability to obtain
necessary permits, licenses, franchises or other governmental
authorizations. In the event Utility is unable to obtain
sufficient materials to meet all construction requirements
necessary to provide adequate service to all its customers,
it shall be entitled to allocate materials obtained by it to
such construction projects as in its sole discretion it deems
most important to service needs of its customers, and any
delay in construction of the Facilities resulting from any
such allocation of materials by Utility shall be deemed to
be a cause beyond its control and it shall not be responsible
for such delay.
13. Notices. Any notice which it is herein provided
may or shall be given by either party to the other shall be
deemed to have been duly given when deposited in the United
States mail, registered or certified, postage prepaid and
addressed to the party to whorl such notice is given at the
following respective addresses:
- 6 -
16. Jurisdiction of Public Utilities Commission. This
agreement shall at all times be subject to such changes or modi-
fications by the California Public Utilities Commission as
said Commission may from time to time direct in the exercise
of its jurisdiction.
17. Applicant's Responsibility. Applicant hereby agrees
to indemnify Utility against any and all loss or injury to
any of Utility's meters, pipes, or any other installations
in the Subdivision caused by Applicant and/or its agents,
servants, employees or by subcontractors or independent
contractors performing services and/or furnishing materials
to and for the benefit of Applicant.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement in duplicate the day and year first above written.
SAN JOS WATER WORKS
By
Its ice Presi elf
By
Its Secretary
UTILITY
r
By�C4 A.
It8 City AttoriJey � ,-\
City Clerk
APPLICANT
- 3 -
Rule Nu. 15
MAIN EXTENSIONS
A. General Provisions and Definitions
1. Applicability
a. All extensions of distribution mains, from the utility's basic production
and transmission system or existing distribution system, to serve new
customers, except for those specifically excluded below, shall be made
under the provisions of this rule unless specific authority is first
obtained from the Commission to deviate therefrom. A main extension
contract shall be executed by the utility and the applicant or applicants
for the main extension before the utility commences construction work
on said extensions or, if constructed by applicant or applicants, before
the facilities comprising the main extension are transferred to the
utility.
b. Extensions solely for fire hydrants, private fire protection, resale,
temporary, standby, or supplemental service shall not be made under
this rule.
C. The utility may, but will not be required to, make extensions under this
rule in easements or rights of way where final grades have not been
established, or where street grades have not been brought to those
established by public authority. If extensions are made when grades
have not been established and there is a reasonable probability that the
existing grade will be changed, the utility shall require that the appli-
cant or applicants for the main extension deposit, at the time of
execution of the main extension agreement, the estimated net cost of
relocating, raising or lowering facilities upon establishment of final
grades . Adjustment of any difference between the amount so deposited
and the actual cost of relocating, raising or lowering facilities shall
be made within ten days after the utility has ascertained such actual
cost. The net deposit representing actual cost is not subject to refund.
The entire deposit related to the proposed relocation, raising or
lowering shall be refunded when such displacements are determined
by proper authority to be not required.
2. Limitation of Expansion
a. Whenever the outstanding advance contract balances reach 40 percent
to total capital (defined, for the purpose of this rule, as proprietary
capital, or capital stock and surplus, plus debt and advances for
construction) the utility shall so notify the Commission within thirty
days.
b. Whenever the outstanding advance contract balances plus the advance
on a proposed new extension would exceed 50 percent of total capital,
as defined in Section A. 2. a. plus the advance on the proposed new
extension, the utility shall not make the proposed new extension of
distribution mains without authorization of the Commission.
c, Whenever the outstanding advance contract balances reach the above
level, the utility shall so notify the Commission within thirty days.
3. Definitions
a . A ''bona fide customer, " for the purposes of this rule, shall be a
customer (excluding any customer formerly served at the same location)
who has given satisfactory evidence that service will be reasonably
A• General Provisions tend Definitions ((,mitinued)
permanent to the property which has been improved with o building of
a permanent nature, and to which service has commenced. The
Provision of service to a real estate developer or builder, during the
construction or development period, shall not establish him as a bona
fide customer.
b. A "real estate developer" or "builder" , for the purposes of this rule,
shall include any individual, association of individuals, .partnership,
or corporation that divides a parcel of land into two or more portions.
C. The "adjusted construction cost", for the purposes of this rule,
shall. be reasonable and shall not exceed the costs recorded in
conformity with generally accepted water utility accounting
practices,
and as specifically defined in the Uniform System of Accounts forWater Utilities prescribed by the Commission, of installing facilities
of adequate capacity for the service requested. If the utility, at its
option, should install facilities with a larger capacity or resulting in
a greater footage of extension than required for the service requested,
the "adjusted construction cost", for the purposes of this rule, shall
be determined by the application of an adjustment factor to actual
construction cost of facilities installed.
4. Ownership Design and Construction of Facilities
a. Any facilities installed hereunder shall be the sole property of the
utility. In those instances in which title to certain portions of the
installation, such as fire hydrants, will be held by a ical sub -
extension such facilities shallnot be included as a part it the main
under this rule.
b. The size, type, quality of materials, and their location shall be specified
by the utility; and the actual construction shall be done by the utility
or by a constructing agency acceptable to it.
C. Where the property of an applicant is .located adjacent to a right of
way, exceeding 70 feet in width, for a street, highway, or other
public purpose, regardless of the width of the traveled way or pave-
ment; or a freeway, waterway, or railroad right of way, the utility may
elect to install a main extension on the same side thereof as the
Property of the applicant, and the estimated and adjusted construction
costs in such case shall be based upon such an extension.
d• When an extension must comply with an ordinance, regulation, or
specification of a public authority, the estimated and adjusted
construction costs of said extension shall be based upon the facilities
required to comply therewith.
5. Estimates Plans and Specifications
a. Upon request by a potential applicant for a main extension, the utility
shall prepare, without charge, a preliminary sketch and rough estimates
of the cost of installation to be advanced by said applicant.
b. Any applicant for a main extension requesting the utility to prepare
detailed plans, specifications and cost estimates shall be required to
deposit with the utility an amount equal to the estimated cost of
A. General Provisions and Definitions (Continued)
Preparation of such materi(d. The utility shall, upon request, make
available within 45 days after receipt of the deposit referred to above,
such plans, specifications and cost estimates of the proposed main
extension, If the extension is to include oversizing of facilities
to be done at the utility's expense, appropriate details shall be
set forth in the plans, specifications and cost estimates.
C. In the event a main extension contract with the utility is executed
within 180 days after the utility furnishes the detailed plans and
specifications, the deposit shall become a part of the advance, and
shall be refunded in accordance with the terms of the main extension
contract. If such contract is not so executed, the deposit to cover
the cost of preparing plans, specifications and cost estimates shall
be forfeited by the applicant for the main extension and the amount
of the forfeited deposit shall be credited to the account or accounts
to which the expense of preparing said material was charged.
d. When detailed plans, specifications and cost estimates are requested,
the applicant for a main extension shall furnish a map to a suitable
scale showing the street and lot .layouts and, when requested by the
utility, contours or other indication of the relative elevation of the
various parts of the area to be developed. If changes are made sub-
sequent to the presentation of this map by the applicant, and these
changes require additional expense in revising plans, specifications
and cost estimates, this additional expense shall be borne by the
applicant, not subject to refund, and the additional expense thus
recovered shall be credited to the account or accounts to which the
additional expense was charged.
6. Timin2 and Adiustment of Advances
a . Unless the applicant for the main extension elects to arrange for the
installation of the extension himself, as permitted by Section C.1.c.
the full amount of the required advance of an acceptable surety bond
must be provided to the utility at the time of execution of the main
extension agreement.
b. If the applicant for a main extension posts a surety bond in lieu of
cash, such surety bond must be replaced with cash not less than ten
calendar days before construction is to commence; provided, however,
that if special facilities are required primarily for the service
requested, the applicant for the extension may be required to deposit
sufficient cash to cover the cost of such special facilities before they
are ordered by the utility.
C. An applicant for a main extension who advances funds shall be provided
with a statement of actual construction cost and adjusted construction
cost showing in reasonable detail the costs incurred for material,
labor, any other direct and indirect costs, overheads , and total costs;
or unit costs; or contract costs, whichever are appropriate.
d. Said statement shall be submitted within sixty days after the actual
construction costs of the installation have been ascertained by the
utility. In the event that the actual construction costs for the entire
installation shall not have been determined within 120 days after
- 3 -
A. General Provisions and Definitions (Continued)
completion of construction work, a preliminary determination of
actual and adjusted construction costs shall be submitted, based
upon the best available information at that time.
e. Any differences between the adjusted construction costs and the
amount advanced shall be shown as a revision of the amount of
advance and shall be payable within thirty days of date of submission
of statement.
7. Assignment of Main Extension Contracts
Any contract entered into under Sections B and C of this rule, or under
similar provisions of former rules, may be assigned, after settlement
of adjusted construction costs, after written notice to the utility by the
holder of said contract as shown by the utility's records . Such assign-
ment shall apply only to those refunds which become due more than
thirty days after the date of receipt by the utility of the notice of
assignment. The utility shall not be required to make any one refund
payment under such contract to more than a single assignee.
8. Interpretations and Deviations
In case of disagreement or dispute regarding the application of any provision
of this rule, or in circumstances where the application of this rule appears
unreasonable to either party, the utility, applicant or applicants may refer
the matter to the Commission for determination.
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Rule No. 15
MAIN EXTENSIONS
C. Extensions to Serve Subdivisions, Tracts Housing_ Yr.o'ects, Industrial_
Developments or Organized Commercial Districts
1. Advances
a. Unless the procedure outlined in Section C.l.c, is followed, an
applicant for a main extension to serve a new subdivision, tract,
housing project, industrial development or organized commercial
district shall be required to advance to the utility, before con-
struction is commenced, the estimated reasonable cost of the exten-
sion to be actually installed, from the nearest utility facility
at least equal in size or capacity to the main required to serve
both the new customers and a reasonable estimate of the potential
customers who might be served directly from the main extension with-
out additional extension. The costs of the extension shall include
necessary service stubs or service pipes, fittings, gates and housing
therefor, and meter boxes, but shall not include meters. To this
shall be added the cost of fire hydrants when requested by the
applicant for the main extension or required by public authority,
whenever such hydrants are to become the property of the utility.
b. If special facilities consisting of items not covered by Section
C.I.a. are required for the service requested and, when such
facilities to be installed will. supply both the main extension and
other parts of the utility's system, at least 50 percent of the
design capacity (i.n gallons, gpm, or other appropriate units) is
required to supply the main extension, the cost of such special
facilities may be included in the advance, subject to refund, as
hereinafter provided, along with refunds of the advance of the cost_
of the extension facilities described in Section C.1.2. above.
C. In lieu of providing the advances in accordance with Section C.l.a.
and C..I,b., the applicant for a main extension shall. be permitted,
if qualified in the judgment of the utility, to construct and install
the facilities himself, or arrange for their installation pursuant to
competitive bidding procedures initiated by him and limited to qualified
bidders. The cost, including the cost of inspection and supervision
by the utility, shall be paid directly by applicant. The applicant
shall provide the utility with a statement of actual construction cost
in reasonable detail. The amount to be treated as an advance subject
to refund shall be the lesser of (1) the actual cost or (2) the price
quoted in the utility's detailed cost estimate, The installation shall.
be in accordance with the plans and specifications submitted by the
utility pursuant to Section A.S.b.
2. Refunds
a. The amount advanced under Sections C.1.a „ C,l.b, and C,l,c, shall be
subject to refund by the utility, in cash, without interest, to the
party or parties entitled thereto as set forth in the following two
paragraphs. The total amount so refunded shall not exceed the total
of the amount advanced. Except as hereinafter provided, the refunds
shall be made in annual, semiannual or quarterly payments, at the
election of the utility, and for a period not to exceed 20 years after
the date of the contract,
�:. Extensions to Serve Subdivisions, Tracts, Housing Projects? Industrial
Developments or Organized Commercial Districts (Conti.nued)
b. Whenever costs of main extensions have been advanced pursuant to
Sections C.1,a, or C.l.c., the utility shall determine the revenue
received from customers, including fire protection agencies, supplied
by service pipes connected directly to the extension for which the
cost was advanced. The refund shall be 22% of the revenue so received.
c. Whenever costs of special facilities have been advanced pursuant to
Sections C.l.b. or C.l.c., the amount so advanced shall be divided
by number of lots to be served by the special facilities. This advance
per lot shall be refunded for each lot on which one or more bona fide
customers are served by those facilities,
d. With respect to a contract entered into on and after the effective date
of this rule, if, at any time during the 20-year refund period specified
above, 80% of the bona fide customers for which the extension or
special facilities were designed are being served therefrom, the
utility shall immediately notify the contract holder of that fact, and
at that time shall become obligated to pay, in cash, any balance
which may remain unrefunded at the end of said 20-year period. Such
balance shall be refunded in five equal annual installments, payable
beginning 21 years after the date of the contract.
e. Where a contract has been entered into under a former main extension
rule, and where 80% of the bona fide customers for which the extension
or special facilities were designed are being served therefrom, the
utility may negotiate and enter into a new and substitute contracC,
identical in all respects with the original contract, including the
original termination date, except that said substitute contract shall
include the following provision: "Notwithstanding any other provisions
hereof, any unrefunded balance remaining at the termination date of
this contract shall be paid in five equal annual installments beginning
one year after said termination date." The advice letter provisions of
Section X of General. Order No. 96-A shall apply to all such replacement
contracts,
3. Termination of Main Extension Contracts
a. Any contract with refunds based upon percentage of revenues and
entered into under Section C. of this rule, or under similar provisions
of former rules, may be purchased by the utility and terminated,
provided the payment is not in excess of the estimated revenue refund
multiplied by the termination factor in the following table, the terms
are otherwise mutually agreed to by the parties or their assignees and
Section C.3,b, and Section C.3.c. hereof are complied with. The
estimated revenue refund is the amount that would otherwise be refunded,
at the current level of refunds, over the remainder of the twenty-year
contract period, or shorter period that would be required to extinguish
the total refund obligation. It shall be determined by multiplying 22
percent of the average annual. revenue per service for the immediately_
preceding calendar year by the number of bona fide customers at the
proposed termination date, times the number of years or fractions thereof
to the end of the twenty-year contract period or shorter period that would
be required to refund the remaining contract balance.
- 2 -
Years
Remaining
Termination Factors
Factor
Years
Remaining
Factor.
1
,8929
11
3
,8450
1.2
.5398
4
.850
13
.5162
5
.7593
14
.4941
6
21
15
.4734
7
..7593
16
.4541
.6852
17
.4359
9
.621.0
18
.4188
10
.5920
19
.4028
.5650
.3877
b. The utility shall furnish promptly to the Commission the following
information in writing and shall obtain prior authorization by a formal
application under Sections 81.6-830 of the Public Utilities Code if
payment is to be made other than in cash:
(1) A copy of the main extension contract, together with data
adequately describing the development for which the
advance was made and the total adjusted construction
cost of the extension.
(2) The balance unpaid on the contract and the calculation
of the maximum termination price, as above defined,.as
of the date of termination and the terms under which the
obligation was terminated,
(3) The name of the holder of the contract when terminated.
c, Discounts obtained by the utility from contracts terminated under the
provisions of this section shall. be accounted for by credits to
Ac. 265, Contributions in Aid of Construction.
D. extension Designed to Include Fire Protection
1. The cost of distribution mains designed to meet the fire flow require-
ments set forth in Section VIII.1(a) of General Order No. 103 is to
be advanced by the applicant. The utility shall refund this advance
as provided in Sections B,3, and C.2,*of this rule.
2. Should distribution mains be designed to meet fire flow requirements
in excess of those set forth in Section VIII.1(2) of General Order
No, 103, the increase in cost of the distribution mains necessary to
meet such higher fire flow requirements shall be paid to the utility
as a contribution in aid of construction.
3. The cost, allocated as appropriate, of facilities other than distri-
button mains required to provide supply, pressure, or storage primar-
i 1 v for fire, protection purposes sha.l 1 be paid to the ut il.i tv as a
contribution in aid of construction.
- 3 -
�Tli_
SAN JOSE TER WORKS
3 7 4 West S a n t a C l a r a Street
San J o s e, Cal i f o r n i a 9 5 1 9 6
i
February 25, 1982
City of Cupertino !OI7'Y OF CUPE[MNO
10300 Torre Avenue PUBLIC WORKS
Cupertino, CA 95014 [AA R 0 11982
Attention: Mr. Travice Whitten FJAD.
Reference: Tract 6921
Gentlemen:
Enclosed for your files is the executed duplicate copy of the agreement
with San Jose Water Works for the installation of water facilities
to serve the above -referenced project.
Very truly yours, f
i ' n
WAYNE S. WARREN, J F� . 1
New Business Department I
/aem
Enclosure
Estimate B2-072
Vora, Thwi a Ceu.tury o.f Publi.(: S(,n,ice Through Private Elitcrpt'is(I
s
Mr. Travice Whitten
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
LIN
SAN JOSE WATER WORKS
3 7 4 West Santa Clara Street
San J o s e, California 9 5 1 96
4 0 8/ 2 7 9- 7 8 0 8
January 19, 1982
Reference: Facilities for Tract 6921 - Shadowhill Lane
Dear Mr. Whitten:
Lit
CRY 4P CU'PERTJJVO
PUBLIC WORKS
Enclosed in duplicate is the agreement with San Jose Water Works for
the installation of water facilities for the above -referenced project.
0- ---
Please sign both copies of the agreement, but leave undated, and return
them with your check for $13,870. Due to unstable prices on labor and
materials, this amount will be subject to revision if not deposited within
30 days.
We are also enclosing a quitclaim deed in duplicate for the underground
water righ-ts.__which is to be returned with the extension agreements..
PLEASE HAVE THE SIGNATURES ON BOTH COPIES OF THE QUITCLAIM NOTARIZED.
So we can avoid making several preliminary inspections, we would appreciate
your written notice as to when curb and gutters, lot line boundary stakes
and rough street grading will be completed. No schedule can be established
for installation of the facilities until such preliminary work is completed.
Once the tract is ready, facilities will be installed as soon as it is
possible.
Also at the time of deposit, please furnish us a list of the house numbers.
Since you already have a recorded map and/or building permit, the house
numbers are available at the local building department in charge of your
construction. We are unable to install the necessary services in your
tract without this information.
Provide the addresses to: D. Bulow, General Utility Clerk, San Jose Water
Works' New Service Desk.
Mr. Travice Whitten
Page Two
January 19, 1982
Furthermore, please forward copies of the recorded right of way abandonments
associated with this development for bur files.
If you should have further questions,,do not hesitate to contact me.
Very truly yours,
JJt
WAYNE`'S. WARREN, JR.
•l
New Business Department
WSt-' -. a er!
Enclosure
NB 80-272
279- *7S7Y
P01 delA yrde WAZ� 1/,' A 2 Q41t rC""W i5
NU, A
To Applicant: Mr. Travice Whitten
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
To Utility: San Jose Water Works
P.O. Box 229
374 West Santa Clara Street
San Jose, California 95196
Either party, by notice given as hereinbefore provided,
may change the address to which notice shall thereafter be
addressed.
14. Nature of Obligations; Assignment. If more than one
person is named in paragraph 1 hereof, the obligations of the
persons executing this agreement as Applicant shall be joint
and several. Until Applicant shall notify Utility in writing
to the contrary, all refunds hereunder shall be paid by Utility
to Mr. Travice Whitten, City of Cupertino, 10300 Torre Avenue,
Cupertino, CA 95014 Applicant may assign
this agreement upon written notice to Utility at any time
following determination of the amount of Applicant's Advance
Subject to Refund. Any such assignment shall apply only to
those refunds hereunder which become due more than thirty (30)
days after the date of receipt by Utility of such notice of
assignment. Utility will not make any single refund payment
hereunder to more than one person.
15. Successors and Assigns. Subject to the provisions of
the preceding paragraph 14, this agreement shall inure to the
benefit of and shall bind the respective heirs, executors,
administrators, successors and assigns of the parties hereto.
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