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85-004 Gilbeau & Hilberg Associates - Reso 6748, and 649110300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK January 27, 1986 Cit-4,of Cupertiio Gilbeau and Hulberg Associates 1520 Parkmoor Avenue San Jose, CA 95128 DEFERRED AGREEMENT - RESOLUTION NO. 6748 P.O. Box 580 Cupertino, California 95015 We are enclosing to you for your files one (1) copy of the Deferred Agreement by and between -the City of Cupertino and Gilbeau- Hulberg Associates, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 6748, which was enacted by the City Council of. the City of Cupertino, at their regular meeting of January 21, 1986. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/afv enc 1. cc: Department of Public Works 'W Z O A� M W U° 0 U Z� L RETURN TO CIT11 V OF CUPERTINO 10300 TORRE AVE`, CUPERTINO, CA 95014 REe FEE RM, !MICRO LIEN NOT I SIMPF RESOLUTION 110. 6748 ")C -7 8672442 FILED FOR RECORD AT REQUEST OF J 589PAGE2188 86'72442 • RESOLUTION OF I =CIL OF i OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BET= THE CITY AND GILBEAU AND HUIMRG PROVIDING F• . UNDERjM:ZXNDING OF UTILXTIS ON A DEI�-D BASIS ON PROPERTY FRONTING STEVENS CREEK ■ AND ORANGE WHEREAS, Gilbeau and Hulberg, hereinafter referred to as "Developer", desires to develop his property at the corner of Stevens Creek Boulevard and Orange Avenue; and WHEREAS, Developer wishes to defer the undergrounding of utility lines fronting said property; and WHEREAS, an agreement has been presented to the City Council providing for the deferred undergrounding of utility lines at the sole cost of the.Developer all as more fully outlined in said agrrewzlt. NOW, ARE, BE IT RESOLVED that the Mayor arra the City Clerk are hereby authorized to execute the agremient herein referred to in behalf of the City of Cupertino. BE IT RESOLVED that the City Clerk is authorized to file said agreement with the Santa Clara County Recorder. PASSED AND ADOPTED this 21 day of January 1986 by the following vote: VO'L'E COUNCII.M . AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None P•14 . - • -,• 2I. /s/Dorothy Cornelius /s/Barbara A. Rogers CITY CLERK MAYOR, CITY OF CUPERTINO . THIS IS TO CERTIFY - INSTRUMENT iSATRrJE CF THE ORIGINAL�13R. ATTEST CITY CLE �.JHE C C r'TrHF WITHIN fiHWEGC®P* `e C9FFI119: ®F. aEI2TINCl LERK 8672442 J589PAGEI.18.9 DEFERRED UNDERGROUNDING AGREEMENT This is an agreement between the City of Cupertino, hereinafter referred to as CITY and 1411V hereinafter referred to as DEVELOPER, made by and between the parties this %' day of 19 d' WHEREAS, DEVELOPER desires to develop the property described in Exhibit "A", attached and made a part hereof by reference, and wished to defer the under - grounding of utility lines fronting Stevens Creek Blvd & Orange Ave. and WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete the undergrounding,-of said utility lines; and WHEREAS, the costs for the undergrounding are reduced when the undergrounding is done in conjunction with other projects on and along the frontage of Stevens Creek Blvd & Orange Ave. • and WHEREAS, the City and the DEVELOPER jointly agree to defer the work until a larger project is organized. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, to wit: 1. Installation of Work The DEVELOPER shall install and complete the undergrounding of said utility lines, in conjunction with any project for undergrounding said utility lines on or fronting the properties on ; adjacent to the above mentioned property described in Exhibit "A". 2. Deferment It is further agreed that the DEVELOPER shall furnish, construct, and install at his own expense upon six (6) month notice from the CITY, in which event the work of undergrounding said utilities must be completed within one (1) year thereafter, or no later than ten (10) years from the date of this agreement. 86,724402d AGREEMENT - Page 2 J 589PAGE2190 The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the undergrounding of utilities as 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 said undergrounding. 3. Successors - Run with Land This agreement shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and under- stood that this agreement shall be filed for record in the Office of the County Recorder of the County of Santa Clara, State of California, and that the covenants in this Agreement shall run with the land, a description of which is contained in Exhibit "A" which is attached hereto and made a part hereof by reference, and are for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to the hereto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. DEVELOPER: 40t..1 ..� Approved as to form: City Atto ' ey GENERAL ACKNOWLEDGMENT State of California SS. County of Santa Clara NOT"i 4J f lJB',t1�.--CAt.IF. NIA S N rA C�i'RA COU TY My Commission Exp. May 19, 1986 E-47 CITY OF CUPERTINO: �Ja / Mayor City Clerk �_ L On this the 24 day of D _ ember 19$9, before me, Tracey McElroy , the undersigned Notary Public, personally appeared Norman C. Hulberg & Kenneth W. Gilbeau Trustee ❑ personally known to me CX proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed it. WITNESS my hand pdd official seal. Notary's Sig EXHIBIT "A" SP0762 LEGAL DESCRIPTION: v� 8 9 PAGE 2 1- All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: The southerly portion of Adriana Avenue and the northerly portion of Stevens Creek Road, as shown on Map of Tract No. 651, "KNOLL VISTA SUBDIVISION", recorded in Book 24 of Maps at Page 39, Santa Clara County Records, described as follows: PARCEL ONE: Beginning at the intersection of the centerline of Stevens Creek Road (60 feet wide) with the centerline of Adriana Avenue (60 feet wide) as shown on Map of said Tract; thence along the centerline of Adriana Avenue N. 0° 03' 38" W. 43.73 feet to a point on the northerly line of the official Plan Line of Stevens Creek Boulevard, as delineated on Record of Survey dated February, 1980 and filed in Book 469 of Maps at Page 59, Santa Clara County Records and to the True Point of Beginning of the herein described Parcel. Thence from said True Point of Beginning continue along said centerline of Adriana Avenue N. 00 03' 38" W. 144.68 feet; thence from a tangent bearing of S. 59° 58' 44" W. along a curve to the right having a radius of 48 feet through a central angle of 29° 58' 30" an arc distance of 25.1 feet; thence leaving said curve tangentially and parallel with the centerline of Stevens Creek Road S. 89° 57' 14" W. 5.95 feet to a point on the Westerly line of Adriana Avenue, said point being distant along said line Southerly 48.00 feet from the southeast corner of -Lot 22 of said Tract No. 651; thence along said Westerly line S. 0° 03' 38" E. 132.01 feet to the beginning of a tangent curve; thence along a curve to the right having a radius of 20 feet through a central angle of 9° 36' 22" an arc distance of 3.35 feet to a point which bears S. 80° 27' 16" E. from the center of said curve; thence leaving said cure non -tangentially and along the aforesaid northerly line of the Official Plan Line of Stevens Creek Boulevard S. 84° 32' 07" E. 30.36 feet to the True Point of Beginning. Being a portion of the NW 1/4 of Section 14, T7S, R1W, M.D.B. & M. PARCEL TWO: Beginning at the intersection of the centerline of Stevens Creek Road (60 feet wide) with the centerline of Adriana Avenue (60 feet wide) as shown on Map of said Tract No. 651; thence along the centerline of Adriana Avenue N. 00 03' 38" W. 43.73 feet to a point on the northerly line of the Official Plan Line of Stevens Creek Boulevard, as delineated on Record of Survey dated February, 1980 and filed in Book 469 of Maps at Page 59, Santa Clara County Records and to the True Point of Beginning of the herein described Parcel. Thence from said True Point of Beginning, continue along said centerline of Adriana Avenue N. 00 03' 38" W. 144.68 feet; thence from a tangent bearing of N. 59° 58' 44" E. along a curve to the left having a radius of 48 feet through a central angle of 60° 01' 30 an arc distance of 50.29 feet; thence leaving said curve N. 890 57' 14" E. 5.99 feet to the southwest corner of Lot 1 of Tract No. 651 on the easterly line of Adriana Avenue; thence along said line S. 00 03' 38" E. 179.99 feet to the beginning of a tangent curve; thence along a curve to the left having a radius of 20 feet through a central angle of 27° 59' 17" an arc distance of 9.77 feet to a point which bears S. 610 57' 05" W. from the center of said curve; thence leaving said curve non -tangentially and along the northerly line of the herein- before -mentioned Official Plan Line of Stevens Creek Boulevard N. 840 32' 07" W. 32.50 feet to the True Point of Beginning. Being a portion of the NW 1/4 of Section 14, T7S, R1W, M.D.B. & M. �I101AD Ll EXHIBIT "A" (Cont' d) SP0762 J 589PAGEPW19 11) PARCEL THREE: A portion of that certain Deed of Right of Way granted to the County of Santa Clara, by instrument recorded in Book 5027 at Page 727, Official Records of Santa Clara County, described as follows: Beginning at the intersection of the Southerly prolongation of the Westerly line of Tract No. 651, recorded in Book 24 of Maps at Page 39, Santa Clara County Records, with the centerline of Stevens Creek Road (60 feet wide), as shown on said Tract Map; thence along said southerly extension and the Westerly line of said Tract N. 0° 28' W. 61.80 feet to the intersection there- of with a non—tangent curve, said point bears S. 2° 25' 12" W. 1940 feet from the center of said curve; thence along a curve to the left having a radius of 1940 feet through a central angle of 2° 27' 58" an arc distance of 83.50 feet to the True Point of Beginning of the herein described Parcel. thence from said True Point of Beginning and leaving said curve tangentially N. 89° 57' 14" E. 25.42 feet to the beginning of a tangent curve; thence along a curve to the left having a radius of 20 feet through a central angle of 90° 00' 52" an arc distance:of 31.42 feet to a point on the westerly line of Adriana Avenue 60 feet wide, as shown on said Tract Map, thence along said westerly line S. 0° 03' 38" E. 30.01 feet to the beginning of a tangent curve; thence along a curve to the right having a radius of 20 feet through a central angle of 9° 36' 22" an arc distance of 3.35 feet to a point which bears S. 80° 27' 16" E. from the center of said curve; thence along the northerly line of the Official Plan Line of Stevens Creek Boulevard, as delineated on Record of Survey filed in Book 469 of Maps at Page 57, Santa Clara County Records N. 840 32' 07" W. 81.02 feet to the beginning of a tangent curve; thence along a curve to the right having a radius of 20 feet through a central angle of 41° 03' 38" an arc length of 14.33 feet to the intersection of said 20 foot radius curve with a curve having a radius of 1940 feet; thence from a tangent bearing of S. 88° 37' 32" E. along a curve to the left having a radius of 1940 feet through a central angle of 1° 25' 14" an arc dis.tance of 48.10 feet to the True Point of Beginning. Lonp Legal 611 RESOLUTION NO. 6504 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF STEVENS CREEK BLVD. AND ORANGE AVENUE; DEVELOPER, GILBEAU-HULBERG ASSOCIATES; AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZ- ING 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 at the south- east corner of Stevens Creek Boulevard and Orange Avenue by Gilbeau-Hulberg Associates; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit), fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said 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 hereby 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of February, 1985, by the following vote: Vote Members of the Citv Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Allison Villarante /s/ Phil N. Johnson City Clerk Mayor, City of Cupertino A G R E E M E N T This AGREEMENT made and entered into this day of January 30, , 1985 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and GILBEAU-HULBERG ASSOCIATES hereinafter designated as DEVELOPER. W I T N E S S E T H WHEREAS, the DEVELOPER has made application to the CITY for a parcel map and is securing a building permit from CITY to construct and maintain a commercial development, hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by Kirkeby & Associates; a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; now THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: Page 1 SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: N/A PARI' A. Faithful Performance Bond: Thirty Three Thousand and No/100 Dollars PART B. Labor and Material Bond: Thirty Three Thousand and No/100 Dollars PART C. Checking and Inspection Fee: One Thousand Six Hundred Fifty and No/100 Dollars PART D. Indirect City Expenses: Two Hundred Fifty and No/100 Dollars PART E. Development Maintenance Deposit: PART F. Storm Drainage Fee: PART G. One Year Power Cost: One Hundred Eight and No/100 Dollars PART H. Street Trees: BY DEVELOPER PART I. Map Checking Fee: Fifty and No/100 Dollars PART J. Park Fee: PART K. Water Main Extension Deposit: Six Hundred Forty and No/100 Dollars PART L. Maps and/or Improvement Plans: Page 2 $ 33,000.00 $ 33,000.00 $ 1,650.00 $ 250.00 $ Paid $ Paid $ 108.00 $ 50.00 N/A $ 640.00 By DEVELOPER NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real property show 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 CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication; said Preliminary Title Report shall be furnished by DEVELOPER. (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER 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. 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 Page 3 lI1 wl1 h o\1 cid IIlii ()1k11II,%1Wt"1 .Mil 1'-tohd hm'l i ho CTI 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 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 most current Standard Specifications of the Department 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 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 and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence 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 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. QUITCLAIM DEED It is further agreed that the 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 laying 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 AGREEMENT. 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 AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, 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 AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino 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 instrument of credit 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 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 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 upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C).,,Should 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. 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). Page 5 7A. MAP FILING FEE It is further agreed that CITY, prior to execution of this final map and field checking with Section 4:1 of Ordinance No. the amount as set forth herein at the DEVELOPER shall deposit with AGREEMENT, for office checking of of street monuments, in compliance 47 (Revised 12/04/61) of CITY, 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. 9A. STORM DRAINAGE FEE It is further agreed that CITY, prior to execution of this in connection with said Project established in Resolution 4422, set forth herein at Page 2 (Part the DEVELOPER shall deposit with the AGREEMENT, a storm drainage charge in accordance with the requirements March 21, 1977, in the amount as F). 9B. 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 and adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 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. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. Page 6 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 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 construction 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. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH 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 Page 7 property and any and all fees required for undergrounding 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 Teltphone and Telegraph Company that said fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is 'provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 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 DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst 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 DEVELOPER'S agents, employees and independent contractors. 21. 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 maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELdPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. Page 8 A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT 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 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 -name such municipality 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. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. B. A mylar sepia and thirteen (13) prints of fully executed tract maps. C. A mylar sepia and eleven (11) prints of fully executed improvement plans. D. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. Page 9 IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. Approved as to form: City Attorxr&y Notary Acknowledgment Required Exhibit N/A GENERAL ACKNOWLEDGMENT State of California SS. County of Santa Clara EfOFFICIAL SEAL EIKO OKA TARY PUBLIC - CALIFORNIA SANTA CLARA COUNTYy Comm. Expires Sept 6, 1988 7110 122 CITY OF CUPERTINO: C3 (,int :►c�1..— Ty __j City Clerk DEVELOPER: GILBEAU-HULBERG ASSOCIATES By/' NO. 201 On this the30th day of January 1985 ,before me, Eiko Oka the undersigned Notary Public, personally appeared Norman C. Hulberg ❑ personally known tome C. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i G subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. Notary's Signature Kim T nntA1 Mr)TARV ARRCf(:IATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK February 14, 1985 Gilbeau-Hulberg Associates 1520 Parkmoor Avenue San Jose, CA 95128 IMPROVEMENT AGREEMENT CMJ of Cupertino P.O. Box 580 Cupertino, California 95015 We are enclosing to you for your files one (1) copy of the Agreement by and Between the City of Cupertino and Gilbeau-Hulberg Associates, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 6491, which was enacted by the City Council of the City of Cupertino, at their regular meeting of February 4, 1985. Sincerely,...__.) DOR THY CORNELiUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works RESOLUTION NO. 6491 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING IMPROVEMENT PLANS OF PROPERTY LOCATED ON STEVENS CREEK BOULEVARD BETWEEN ADRIANA AND MANN DRIVE; DEVELOPER KENNETH W. GILBEAU AND NORMAN C. HULBERG; AUTHORIZING SIGNING OF IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the improvement plans of property located on Stevens Creek Boulevard between Adriana Avenue and Mann Drive by Kenneth W. Gilbeau and Norman C. Hulberg; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit), fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said improvement plans herein referred to are hereby approved. b. The City Engineer is hereby authorized to sign said improvement plans. c. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4t -h day of February , 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk Sparks, Johnson APPROVED: /s/ Phil N. Johnson Mayor, City of Cupertino ResOiULlon No. :).i. EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Kenneth W. Gilbeau and Norman C. Hulberg Commercial Development LOCATION: Stevens Creek Boulevard between Adriana and Mann Drive A. Faithful Performance Bond: $73,000.00 Seventy Three Thousand and no/100 Dollars B. Labor and Material Bond: $73,000.00 Seventy Three Thousand and no/100 Dollars C. Checking and Inspection Fee: '$ 3,650.00 Three Thousand Six Hundred Fifty and no/100 Doliars D. Indirect City Expenses: $ 548.00 Five Hundred Forty. Eight and no/100 Dollars E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $ 1.,113.00 One Thousand One Hundred Thirteen and no/100 Dollars G. One Year Power Cost: $ 144.00 One Hundred Forty Four and no/100 Dollars H. . Street Tree : BY DEVELOPER I. May Checking Fee: N/A J. Park Fee: N/A K. Water Main Extension Deposit: INSTALL MAIN L. Maps and/or Improvement Plans: BY DEVELOPER M. Reimbursement to City for Right -of -Way Acquisition $12,000.00 Twelve Thousand and no/100 Dollars A G R E E M E N T This AGREEMENT made and entered into this day of 4th day of February , 1985 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and KENNETH W. GILBEAU and NORMAN C. HULBERG hereinafter designated as DEVELOPER. W I T N E S S E T H WHEREAS, the DEVELOPER has made application to the CITY for a building permit from CITY to construct and maintain a commercial development, hereinafter .referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by MR. E. HAHAMIAN; a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; now THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: Page 1 SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: N/A PART A. Faithful Performance Bond: $73,000.00 Seventy Three Thousand and no/100 Dollars PART B. Labor and Material Bond: $73,000.00 Seventy Three Thousand and no/100 Dollars PART C. Checking and Inspection Fee: $ 3,650.00 Three Thousand Six Hundred Fifty and no/100 Dollars PART D. Indirect City Expenses: $ 548.00 Five Hundred Forty Eight and no/100 Dollars PART E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: $ 1,113.00 One Thousand One Hundred Thirteen and no/100 Dollars PART G. One Year Power Cost: $ 144.00 One Hundred Forty Four and no/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 Extension Deposit: INSTALL MAIN PART L. Maps and/or Improvement Plans: By DEVELOPER PART M. Reimbursement to City for Right -Of -Way Acquisition $12,000.00 Twelve Thousand and no/100 Dollars Page 2 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION 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 CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication; said Preliminary Title Report shall be furnished by: DEVELOPER (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: $5,000, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this 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. 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 Page 3 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 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 most current Standard Specifications of the Department 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 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 and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence 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 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. QUITCLAIM DEED It is further agreed that the 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 laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. S. 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 AGREEMENT. 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 AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, 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 AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino 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 instrument of credit 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 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 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 upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should 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. 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). r Page 5 7A. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) 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. 9A. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F). 9B. 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 and adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to bxecution 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. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. Page 6 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 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 construction 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. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH 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 Page 7 1 property and any and all fees required for undergrounding 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 Teltphone and Telegraph Company that said fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is 'provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 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 DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst 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 DEVELOPER'S agents, employees and independent contractors. 21. 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 maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. Page 8 A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT 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 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 -name such municipality 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. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. B. A mylar sepia and thirteen (13) prints of fully executed tract maps. C. A mylar sepia and eleven (11) prints of fully executed improvement plans. D. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. Page 9 IN WITNESS WHEREOF, CI'T'Y has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. Approved as to form: J City Attorney_ Notary Acknowledgement Required Exhibit "A" Attached GENERAL ACKNOWLEDGMENT State of California SS. County of Santa Clara CITY OF CUPERTINO: City Clerk — 13-03 DEVELOPER: B Norman'C. H.ulberg On this the 31st day of December Judy L Godbey the undersigned Notary Public, personally appeared 1984 , before me, NO. 201 -*Kenneth W. Gilbeau and Norman C. Hulberg*'%°**—***** ® personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed it. 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