89-113 Measurex Improvement of street frontage at Bubb Rd. and McClellan Rd. Resolution 7786Citm of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
April 10, 1989
Doris S. Bossen, Vice President, Corporate
canmmications
Measurex Corporation
One Results Way
Cupertino, CA 95014
P.O. Box 580
Cupertino, California 95015
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and Measurex Corporation, a
California Corporation, which has been fully executed by City Officials,
along with one (1) copy of Resolution No. 7786, which was enacted by the
City Council of the City of Cupertino, at their regular meeting of Monday,
April 3, 1989.
sincerely,
DOROTHY CORNE=US
CITY C=
CITY OF CUPERI.'INO
DC/so
encl.
cc: Department of Public Works
RESOLUTION NO. 7786
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE
LOCATED AT BUBB ROAD AND MCCLELLAN ROAD DEVELOPER,
MEASUREX CORPORATION, A CALIFORNIA CORPORATION
AURHORIZING THE CITY ENGINEER TO SIGN THE FINAL PLAN;
AND AUTHORIZING EXECUTION OF AGREEMENT IN CONNECTION
THEREWITH
WHEREAS, there has been presented to the City Council for approval
of the final plan for the improvement of street frontage located at
Bubb Road and McClellan Road by Measurex Corporation, A California
Corporation; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, gutters, sidewalks,
and for other improvements, and good and sufficient bonds, 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 plan, agreement, and bonds having been approved by the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED that said final plans for the improvement
of street frontage at Bubb Road and McClellan Road be and the same is, hereby
approved; and the City Engineer is hereby authorized to sign said final plan;
and the Mayor and the City Clerk are hereby authorized to execute the agreement
herein referred to in behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of April 1989, by the following
vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Gatto, Johnson, Koppel, Plungy
None
Rogers
None
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ John J. Plungy, Jr.
Mayor, City of Cupertino
Resolution No. 7786
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Commercial
DEVELOPER: Measurex Corporation
LOCATION: Bubb Road and McClellan Road
A. Faithful Performance Bond: Off -Site
Thirty Five Thousan Seven Hundred and 00/100 Dollars
B. Labor and Material Bond:
Thirty Five Thousand Seven Hundred and 00/100 Dollars
C. Checking and Inspection Fee: On and Off -Site
Twelve Thousand Seventy Eight and 00/100 Dollars
D. Indirect City Expenses:
One Thousand Eight Hundred Twelve and 00/100 Dollars
E. Development Maintenace Deposit:
Five Hundred and 00/100 Dollars
F. Storm Drainage Fee:
Eight Thousand Seven Hundred Twelve and 00/100 Dollars
G. One Year Power Cost:
One Hundred Forty Four and 00/100 Dollars
H. Street Trees: By Developer
I. Map Checking Fee:
$35,700.00
$35,700.00
$ 12,078.00
$ 1,812.00
$ 500.00
$ 8,712.00
$ 144.00
N/A
J. Park Fee N/A
K. Water Main Reimbursement $18,536.00
Eighteen Thousand Five Hundred Thirty Six and 00/100 Dollars
L. Map and/or Improvement Plans:
As Specified in Item 23 of Improvement Agreement
AGREEMENT
BUBB & McCLELLAN
This Ate' made and entered into this Tenth day
of March , 1989 , by and between the CITY OF
C(JPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and MEASUREX CORPORATION, A CALIFORNIA CORPORATION.
hereinafter designated DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
BUILDING PERMIT
t
to construct and maintain a COMMERCIAL BUILDING
hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by EHRLICH — ROMINGER
a true copy of ch improvement plans and specifications are on file in
the office of the City Engineer of Comae ti.no; and
though set out in full;
NOW, THEREFORE, said irprovenext plans and specifications shall be
hereinafter called. the "Plans," and the work to be done under the Plans
shall be called the 'Mork."
WHEREAS, pursuant ,to the provisions of this AGRm=, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
Street Improvement Category:
PART A. Faithful Performance Bond: OFF -SITE $35,700.00
THIRTY FIVE THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS
PART B. Labor and Material Bond: $35,700.00
THIRTY FIVE THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS
PART C. Checking and Inspection Fee: ON & OFF -SITE
$12,078.00•
TWELVE THOUSAND SEVENTY EIGHT AND 00/100 DOLLARS
PART D. Indirect City Expenses;
$ 1,812.00`
ONE THOUSAND EIGHT HUNDRED TWELVE AND 00/100 DOLLARS
PART E. Development Maintenance Deposit: $ 500.00`'
FIVE HUNDRED AND 00/100 DOLLARS
PART F. Storm Drainage Fee: $ 8,712.00,
EIGHT THOUSAND SEVEN HUNDRED TWELVE AND 00/100 DOLLARS
PART G. One Year Power Cost: $ 144.00'
ONE HUNDRED FORTY FOUR AND 00/100 DOLLARS
PART H. Street Trees: By Developer
PART I. Map Checking Fee: N/A
PART J. Park Fee: N/A
PART K. Water Main Reimbursement
$18,536.00''
EIGHTEEN THOUSAND FIVE HUNDRED THIRTY SIX AND 00/100 DOLLARS
PART L. Maps and/or Improvement Plans:
AS SPECIFIED IN ITEM 23
2
NOW, `IEFREFORE, IT IS FAY M[M AMY AGP= by and between the
parties hereto as follows, TO WIT:
1. DEDICA LION
A. The DEVELOPER offers to dedicate the real property shown on
Exhibit "A", which is attached hereto and made a part hereof by reference.
Said dedicated property shall be free and clear of all liens or
encumbrances except those which the CITY shall waive in writing. The
DEVELOPER agrees not to revoke said offer of dedication, and to keep said
offer open until the C`rY accepts offer by resolution.
B. Upon execution of this AGR�the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real property
described in Exhibit "A", and such other executed conveyances, or
instruments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the
City:
(1) A preliminary title report issued by a title insurance
company relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance conpany and insuring the CITY in the stun of: N/A, and
which shall show said property free and clear of all liens or
enc.anbrances except tr.ose 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 A1T, the CITY
agrees to accept said real property offered for dedication.
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 AGREEMrT, or such longer period
as may be
specifically
authorized in writing by the City Engineer. In
the
event the
DEVELOPER fails or refuses to c-iplete the Work within
the
specified
period of
time, the CITY, at its sole option, shall
be
authorized
to ceffrr fete
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.
B. The DEVELOPER shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the City
Engineer of Cupertino. The Work shall be done in accordance with existing
ordinances and resolutions of the CITY and in accordance with all plans,
specifications, standards, sizes, lines, and grades approved by the City
Engineer. The Work shall be done in accordance with all State and County
Statutes applicable hereto. The decision of the City Engineer shall be
final as to whether any material or workmonshi_p meets the standards,
specifications, plans, sizes, lines and grades as set forth.
3
C. It is further agreed that the Work shall be drone in accordance
with the most current Standard Specifications of the Depa.rtrient of Public
Works, California Department of Transportation, State of California, and
in accordance with the specifications of the Cupertino Sanitary District
where applicable.
Wherever the words "State" or "California Division of Highways11 are
mentioned in the State Specifications, it shall be considered as
referring to the CITY of Cupertino; also wherever the "Director" or
"Director of Public Works" is mentioned, it shall be considered as
referring to the City Engineer.
In case of conflict between .the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the caertino Sanitary District shall
take precedence over and be used in lieu of such conflicting portions.
It is further agreedthat the DEEPER shall omply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the t of any excavation in, on,
or under the surface of any existing public street, lane, alley, sidewalk,
or other public place. It is farther agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the proposed
excavation is to commence.
It is further agreed that the DEVELOPER, when requested by the r-=,
shall quitclaim all his rights and interests in, and shall grant to CITY
authorization to extract water fra, the under 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.
• �. i' ` i:N' ii
A. Upon the execution of this , the DEVELOPER shall file
with the CITY
a faithful performance bond to assume his full and faithful
performance
of this AOZEII'. The penal sum of said faithful performance
bond shall
be the full cost of any payment to be made under this
AGREE?,,
the value of any land agreed to be dedicated, and any
improvements
to be made under this AGREEIN=. In the event that
improvements
are to be made under this AGREE=, the DEt%=PE:R shall, in
addition to
said faithful performance, file with the C="Z a labor and
materials bond
in a penal sum adequate to assure full payment of all labor
and materials reqair�ed 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 many 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 AGREE=,
or to make any payment, or any dedication of land, or any
improvements
herein required, the CITY shall call on the surety to perform
this AGREEM=
or otherwise indemnify the CITY for the DEVELOPER'S _failure
to so do.
4
B. In lieu of a surety bond, the DEVELOPER may elect to secure this
A aREEMENP by depositirig with the Ci'I'Y:
1. Cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of O-q>-- tiro; or,
3. A certificate of deposit, or instrument of credit meeting
the requirements of Gove-=aent Code Section 66499 (b) or
(c) .
C. The amount of said cash, clerks, certificate of deposit, or
instant of wit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the gent that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AEI', or to make any payment, or any dedication of land, or any
irrrprovenents herein required, the CITY may apply the proceeds of said
security thereto.
D. No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except uTon approval of the City Council.
E. No interest shall be paid on any security deposited with the
CITY.
t
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for lion, checking, etc., inc-red 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 construction cost vary materially from the
estimate from which said sum is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREZv=, indirect expense allocable to processing
these improver-rients, the amount as set forth herein at Page 2 (Part D).
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREaNENT, for office dhefi_},Lng of final map and
field checking of street monuments, in caTpliance with Section 4:1 of
ordLnance No. 47 (Revised 12/04/61) of CITY, the amount as set forth
herein at Page 2 (Part I).
5
It is further agreed that the DEVELOPER shall pay to the CM, prior
to execution of this AQUME IM, the amount set forth herein at Page 2
(Part E) as a development maintezkAnce deposit to insure proper dust
control and cleaning during the construction period. The development
maintenance deposit may be utilized for repairs of defects and
irperfections 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 CT17t. Should the DE`VEIAPER ccuplete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the improvement bonds.
It is further agreed that the DEVELOPER shall deposit with the C=,
prior to execution of this AGREEMENr, a storm drainage charge in
connection with said Project in accordance with the require;nerrts
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) .
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 t
monies are needed to implement imprmements outlined by the Director of
Public Works or improvements outlined within the adopted Water Master
Plan.
The azt shown herein at Part K, Page 2, shall be the full amount
due.
iVAMiU
It is farther agreed that the DEVELOPER. shall pay to CITY prior to
execution of this , the amount as set forth herein at Page 2
(Part G), which amount represents the power cost for street lights for one
►rA
It is fta-er agreed that the M7ET.�PEtR shall, at such time as dew
appropriate by the City Errineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree small be selected
from the City approved list.
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 red within
"Park Dedication Ordinance" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
C.
14—t1. r:.rcK i._L. t'�1.1vJ�',i1�i c:d.i�.LJ1vIV,�
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part J, requires formal confirmation. The CITY
shall employ a qualified local appraiser to provide a market value of the
land. The City will calculate the "Park F6e" based on the appraisal. The
Developer agrees to pay for any deficient within thirty. (30) days and the
City agrees to refund overage within thirty (30) days. Adjustments shall
be made prior to acceptance of the subdivision improvements.
15. lx.=E ANCE OF hXDRK
It is further agreed that the DEVELOP—H R shall l maintain ntajn 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 cha 11 , unon
writ -,.en notice thereof, immediately repair or replace, without c-'st or
obligation to the. City of Cupertino, and to the entire satisfaction of
said C.TTY, all defects and imperfections arising out of or due to faulty
wo6ama iship and/or materials appearing in said Work.
It is further agreed
that the DEVFS.DPr_R
shall file
with CITY, upon
execution of this AG"RE=�,
a letter frcmm the
Cupertino
Sanitary Distsi.ct
stating that the DEVELOPER
has entered into a
separate AG
v'T with the
said District to ins -tall
sanitary suers to
sz`rve all
lots within said
Project and stating that a
bond to insure full
and faithful performance of
the cont—ruction of the said sanitary sewers and to insure
maintanance of
said sanitary sewer in conformance with..the
provisions
as set forth in
Paragraph 15 above has been
filed.
�J I li �i �t71
It is further agreed that DOPER shall file with CITY, upon
execution of this AGREEM=, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assess-zents or bonds, have been complied with.
tat �- • ra � �-
It is further agreed that the DEVELOPER shall file with the CITY, upon
exertion of this AGREE, a letter frr-m the Central Fire Protection
District of Santa Clara County, stating that the DEVMCPER has entered
into an AST with said District to install fire hydrants to serve
said Proj ect and stating that all necessary fees have been deposited with
said District to i.n5-tn-e installation and five (5) year rental fee of said
hydrants.
• • • Y� �Y' • • Ott■ :15
it is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PA=C BEII1 Company any and all fees required
for installation l ation of overhead and/or underground wiring circuits to all
electroliers within said property and any and all fees required for
undesgrcund ng as Prided in Ordinance No. 331 of CITY when DEVELOPER is
notified by either the City Engineer or the Pacific Gas and Electric
Ccmmany and/or PACIFIC BEyL Company that said fees are due and payable.
Wi
It is further agreed that any easelcent and right-of-way necessary for
cxunpleti.on of the Project shall be acquired by the DEVELOPER at his own
cost and else. 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 DOPER 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 suns as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amcaunts as the
CITY may require shall be deposited with the City of CLTertino.
21. HOLD HAFMI=
It is further agreed that, mincing with the performance of the Work
by the DOPER or his contractor and continuing until the ompletion of
the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless
and defend the CITY from and against any or all loss, cost, expense,
damage or liability, or claim thereof, occasioned by or in any way
whatsoever arising out of the performance or nonperformance of the Work or
the negligence or willful misconduct of the DEVELOPER or the DOPER'S
agents, employees and indent contractors.
2 2. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or shall
require any contractor engaged to perform the Work to take out, and
maintain at all times during the performance and maint.er-once 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 DEEPER. Bath 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 Coil individually and collectively, and the
officers, agents, and employees of the CITY, individually and
collectively, have other insurance against the loss ccve-L�i by said policy
or policies, that other insurance shall be exams ir9.sur' only.
The insurance carrier shall provide proof of their ratings. All ratings
shall be a minimum of "Best A-7" in accordance with ABAG policies.
A. Each of said policies of insurance shall provide coverage in the
following minimum amraunts: For bodily injury, $100, 000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one occismnce 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 by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City FIngineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in
or-Nerage without giving the City Er-igineer at least ten (10) days
advance notice thereof.
C. In the event that the Project covered herein should be mutually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co-naze such
mmnicipality or political subdivision and the provision set forth
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision.
It is further agreed that the CMY shall obtain the following reap
and/or plans at the DEVELOPE R I S e>q)ense :
r
A. A mylar sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature card of
all exenated improvement plans and map.
The LSE PER agrees to pay the CITY from the development maintenance
deposit the cost for all prints of plan and map required under Item 23.
This AGREEYI3d'T shall bind the heirs, administrators, executors,
successor, assignee and transferrees of the DEVELOPER. The assiTm)ent of
this AM=ENT shall not be made without approval by the City Capuric11 of
the City of Cupert,.ino.
O
IN WrINESS WHEREOF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Cox-Icil and said PER has hereunto caused his name to be affixed
the day and year first above written.
Approved as to form:
GENERAL ACKNOWLEDGMENT
State of California
SS.
County of Santa Clara
MEASUREX CORP.
r
f
Ci Clerk
I6 2001 o J31�
Doris S. Bosslen
NO. 201
On this the 10 day of March 19 89 ,before me,
Terry G. Alvarez
the undersigned Notary Public, personally appeared
Doris S. Bossen, Vice President, Corporate Communications
OFFICIAL SEAL personally known to me
TERRY G. ALVAREZ IEl
NOTARY PUBLIC- CALIFORNIA proved to me on the basis of satisfactory evidence
` r SANTA CLARA COUNT" to be the person(s) whose name(s) IS subscribed to the
My Comm Expires May 19 ' 989
within instrument, and acknowledged that �;hp executed it.
WITNESS my hand and official %e4I.
NATIONAL NOTARY ASSOCIATION • 23017 Vs.nfi— Rlvd • PO Row 4675 . Woodland Hills_ CA 91364