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85-007 Stocklmeir, Alan & Barbara - Development and improvement of properties Reso (6507 and 7082)10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERI< March 6, 1985 Vrq of wPerti»o Stocklmeir and StoGklmeir, Inc. 22120 Stevens Creek Boulevard Cupertino, CA 95014 IMPROVEMENT AGREEMENT - TRACT NO. 7666 - ORION LANE Dear Mr. Stocklmeir: P.O. Box 580 Cupertino, California 95015 We are enclosing to you for your files one (1) fully executed Agreement by and between the City of Cupertino and Stocklmeir and Stocklmeir, Inc. along with one (1) copy of Resolution No. 6507, which was enacted by the City Council of the City of Cupertino, at their regular meeting of February 19, 1985. Sincere car DORO Y CORNELI CITY CLERK CITY OF CUPERTINO F DC/so encl. cc: Department of -Public Works RESOLUTION NO. 6507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING FINAL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED ON ORION LANE; DEVELOPER, STOCKLMEIR & STOCKLMEIR, INC. ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and authorization to record final map of Tract No. 7666 located on Orion Lane showing certain avenues, drives, places, and roads by Stocklmeir & Stocklmeir, Inc.; 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 final map and improvement plans of Tract No. 7666 be and the same are hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. C. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to sign the improvement plans. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. RESOLUTION NO. 6507 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tract No -7666 Stocklmeir & Stocklmeir, Inc. LOCATION: Orion Lane A. Faithful Performance Bond: $125,000.00 One Hundred Twenty-five Thousand and no/100 Dollars B. Labor and Material Bond: $125,000.00 One Hundred Twenty-five Thousand and no/100 Dollars C. Checking and inspection Fee: $ 5,000.00 Five Thousand and no/100 Dollars D. Indirect City Expenses: $ 750.00 Seven hundred fifty and no/100 Dollars E. Map Filing Fee $ 112.00 One Hundred Twelve and no/100 Dollars - F. Development Maintenance Deposit: $ 340.00 Three Hundred Forty and no/100 Dollars G. Storm Drainage Fee: $ 1,612.00 One Thousand Six Hundred Twelve and no/100 Dollars H. One Year Power Cost: $ 36.00 Thirty-six and no/100 Dollars I. Street Trees: By Developer J. Park Fee: Zone 0: $ 19,530.00 Nineteen Thousand Five Hundred Thirty and no/100 Dollars K. Water Main Extension Deposit N/A L. Storm Drain Reimbursement to Developer: 360 L.F. - 1811 Diameter R.C.P. 0 $15.00 L.F. - $5,400 One each manhole 600 $6-2000 -3 T R A C T A G R E E M E N T This AGREEMENT, made and entered into this 19th day of February , 1985 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and STOCKLMEIR & STOCKT,MEIR, INC., hereinafter designated as DEVELOPER. W I T N E S S E T H WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map hEYeLofore filed with the City Council of the City of Cupertino, marked and designated as Tract 7666, Cupertino California, hereinafter designated as the "Tract;" and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Tract by American Design & Engineering, 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." Page 1 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: SCHEDULE OF BONDS, FEES AND DEPOSITS PART A. Faithful Performance Bond: $12.5,000.00 One Hundred Twenty-five Thousand and no/100 Dollars PART B. Labor and Material Bond: $125,000.00 One Hundred Twenty-five Thousand and no/100 Dollars - PART C. Checking and Inspection Fee: $ 5,000.00 Five Thousand and no/100 Dollars PART D. Indirect City Expenses: $ 750.00 Seven Hundred Fifty and no/100 Dollars PART E. Map Filing Fee $ 112.00 One Hundred Twelve and no/100 Dollars PART F. Development Maintenance Deposit: $ 340.00 Three Hundred Forty and no/100 Dollars PART G. Storm Drainage Fee: $ 1,612.00 One Thousand Six Hundred Twelve and no/100 Dollars PART H. One Year Power Cost: $ 36.00 Thirty-six and no/100 Dollars PART I. Street Trees: By DEVELOPER PART J. Park Fee: Zone O $ 19,530.00. Nineteen Thousand Five Hundred Thirty and no/100 Dollars PART K. Water Main Extension Deposit: N/A PART L. Storm Drain Reimbursement to Developer: 360 L.F. - 18" Diameter R.C.P. @ $15.00 L.F. $ 5,400.00 One each 6QQ.00 Mswi46LE $ 6,000.00 Page 2 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. 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 performed under the inspection and with the approval of the City Engineer. The work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, 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 thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets thestandards, 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. 2. 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. Page 3 3. 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. 4. 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, 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. Page 4 �. CHECKING AND iNSP[-;C'TION U 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 Ci.TY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should construction cost vary mat-erially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due anis owing as a result thereof. 6. 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). 7. 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 F.) 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 G). 9B. STORM DRAIN REIMBURSEMENT The City shall reimburse the Developer an amount outlined in Part "L." Page 2, herein. This amount shall be for the installation of off-site master storm drain lines. The reimbursement shall be in accordance with Resolution 4422 and the installed Engineer Certified Quantities of Work. The City shall pay the Developer the amount outlined in Part "L." Page 2, after City acceptance of the improvements and within thirty (30) days from a notice by the Developer. 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 H), which amount represents the,power cost for street lights for one year. P;lqf, 5 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. 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 3 herein. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. 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 upon execution of Sanitary District separate AGREEMENT sewers to serve bond to insure ful of the said san sanitary sewer in Paragraph 13 above agreed that the DEVELOPER shall file with CITY, this AGREEMENT, a letter from the Cupertino stating that the DEVELOPER has entered into a with the said District to install sanitary all lots within said Project and stating that a L and faithful performance of the construction Ltary sewers and to insure maintenance of said conformance with the provisions as set forth in has been filed. 15. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions 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. Page 6 17. STREET LIGHTING - P. G. and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. 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 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 Telephone 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 as provided in Paragraph 13 above, 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 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 Page 7 shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. 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. 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 September 9, 1977. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at PART K, Page 3, shall be the full amount due. 23. 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. Page 8 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. 24. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. 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: CORPORATE ACKNOWLEDGMENT State of ( LU d0?,i 14U G(-, County of nvu� C&%t' SS. 9u111111sr,ulleaslseal11u11e1111111n11111n1111111Imnla OFFICIAL SEAL C w MAGDALENA RAMIREZ,. NOTARY PUBLIC — CALIFORNIA t.�A COUNTY OF SANTA CLARA a • Comm. Exp. Oct. 20, 1987 p F�11t11111/A11111111U1INlsfgpIIFI's .-I poll11NC1111111[61^ CITY OF CUPERTINO On this the 2 day of NO. 202 192, before me, the undersigned Notary Public, personally appeared r * personally known to me ® proved to me on the basis of satisfactory evidence to bthe person(s) who executed the within instrument as 9Q;5 & —&—t or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WIT,NES,4 my hand and official seal. /' ') s bianature 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 Recording requested by AMERICAN DESIGN & ENGINEERING When recorded mail to: RETURN TO: CITY OF CUPERTINO CITY CLERKS DEPARTMENT P. 0. BOX 580 CUPERTIN03 CA 95015 RETURN TO CITY OF CUPERTINO 10390 TORRE AVE. CUI--IE TINO, CA, 95014 NO FLE U14 WITH 60V CODE 6103 jF CORRECTION ? AT REQUEST Oi A ID -a An 15 q 27 AM 1995 OFFICAL RECORDS S :E 'tA CLARA COUNTY LAL]WE FtANE (For Recorder's UseROQfPER J 429PAGE 89-a' NOTICE IS HEREBY GIVEN that the certain Tract Map filed March 1, 1985, in Book 540 of Maps at pages 15 & 16, Santa Clara County Records, being a map of the lands entitled TRACT NO. 7666 is corrected as follows: The width of the Storm Drain Easement on Lot No. 3 is corrected to five (5) feet in lieu of ten (10) feet. CERTIFICATE OF ENGINEER THIS IS TO CERTIFY that the above Certificate of Correction was prepared by or under the direction and control of the undersigned registered civil engineer. QRUFC:S•�/�jf, Date Signature:T ,a1 K. Tai E*,. 's'lF OF CALIF�� CERTIFICATE OF CITY ENGINEER THIS IS TO CERTIFY that the above Certificate of Correction has been examined and shows that it corrects an error in said Storm Drain Easement shown on the above referred to Tract Map. /-46,;rs- D-ate ATTEST: L,Ity �_ IerK Y i Date K 0 5 1 PAGE 1 782 91`x`'083 RESOLUTION NO. 7082 FILED FOR RECORD AT REQUF-_, CF C Y 1�-✓Z f nra FEa 22 AH '81 f1'-'OF1=1CA!- RECORDS SANTA r, LA1.1SiE' 1t'�..N� F:'F:C;C7�;EjEi? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF DEFERRED AGREEMENT WITH ALAN STOCKLMEIR AND BARBARA STOCKLMEIR FOR THE IMPROVEMENT OF FRONTAGE ALONG ORCHARD COURT AT CRESCENT ROAD WHEREAS, there has been presented to the City Council an agreement for the improvement of the street frontage along Orchard Court at Crescent Road by Alan Stocklmeir and Barbara Stocklmeir; and WHEREAS, said proposed agreement contains provisions for the construction of streets, curbs, gutters, sidewalks and for other improvements within a period of five (5) years and six (6) months from that date of execution of said agreement; and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the aforementioned agreement is hereby approved; and the City Engineer is hereby authorized to sign the final plans when presented by the developer; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to file this agreement with the Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of February , 1987. Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk THIS IS TO Cpjr�l� � Y �N.47�-]f E WITHIN INSTRIJMENa;4,5 I RJ� 'ACNP C {�RECTCOPY ❑F THE "IQ'I•PAL IV; I_LE"•11S ❑FFICL•. ATTER' ;T CITY' K THE CITYI'g-�ERTIN❑ APPROVv_ /s/ W. Reed Sparks Mayor, City of Cupertino ETL FZN .T -I T Y REC FEE 6 c� PER-I��;�b RMF 10300 TORE AVE. CUPEr:T1NO, CA 05014 M {� LIEN NOT rN0 FEE IN ACCO)-D_eq- SMPF WITH 60V CODE 6103 CCOR K 0 5 1 PAGE 1 782 91`x`'083 RESOLUTION NO. 7082 FILED FOR RECORD AT REQUF-_, CF C Y 1�-✓Z f nra FEa 22 AH '81 f1'-'OF1=1CA!- RECORDS SANTA r, LA1.1SiE' 1t'�..N� F:'F:C;C7�;EjEi? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF DEFERRED AGREEMENT WITH ALAN STOCKLMEIR AND BARBARA STOCKLMEIR FOR THE IMPROVEMENT OF FRONTAGE ALONG ORCHARD COURT AT CRESCENT ROAD WHEREAS, there has been presented to the City Council an agreement for the improvement of the street frontage along Orchard Court at Crescent Road by Alan Stocklmeir and Barbara Stocklmeir; and WHEREAS, said proposed agreement contains provisions for the construction of streets, curbs, gutters, sidewalks and for other improvements within a period of five (5) years and six (6) months from that date of execution of said agreement; and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the aforementioned agreement is hereby approved; and the City Engineer is hereby authorized to sign the final plans when presented by the developer; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to file this agreement with the Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of February , 1987. Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk THIS IS TO Cpjr�l� � Y �N.47�-]f E WITHIN INSTRIJMENa;4,5 I RJ� 'ACNP C {�RECTCOPY ❑F THE "IQ'I•PAL IV; I_LE"•11S ❑FFICL•. ATTER' ;T CITY' K THE CITYI'g-�ERTIN❑ APPROVv_ /s/ W. Reed Sparks Mayor, City of Cupertino 'VE d URN TO CITY OF 'CLJPERTiN0 4oioo TOP ,RE AVE, CUPEF"9'6NO CA 75o 14 NO FEE IN ACCORDANCE WITH 60V CODE 6103 AGREEMENT ORCHARD COURT AT CRESCENT ROAD This AGP=ENT made and entered into this 2nd K 051PAGE.1-783 day of February , 19_L, by and between the CITY OF CiTPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Alan and Barbara Stocklmeir hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a building permit to Construct and maintain a single family residence hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit DEFT of the required development improvements in accordance with the provisions of this PAM WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein and; WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared; and WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure ccmpliance with conditions of develcpnent approval; and Page 1 WHEREAS, pursuant to the provisions of this AGREE=, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: �% R [� SaIE= OF BONDS, FEES AND DEPOSITS K O C, v i PA6� 1 • " " Improvement Category - N/A PARI' A. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: PART C. Checking and Inspection Fee: PART D. Indirect City Expenses: PART E. Development Maintenance Deposit: PART F. Storm Drainage Fee: Three hundred fifty-five dollars and no cents PART G. One Year Power Cost: PART H. Street Trees: PART I. Map Checking Fee: PART J. Park Fee: By Developer PART K. Water Main Extension Deposit: Reimbursement Nine hundred seventy dollars and no cents PART L. Maps and/or Improvement Plans: Page 2 Deferred Deferred Deferred Deferred $355.00 BeN/A N/A N/A N/A $970.00 Deferred NOW, THEREFORE, IT IS HEREBY MMUALLY AGREED by and between the parties hereto as follows, TO WIT: DEDICATION K051PA60785 The DEVELOPER offers to dedicate the real property shown on ibit "A", which is attached hereto and made a part hereof reference. Sa dedicated property shall be free and clear of all li or encumbrances ex those which the CITY shall waive in writ' The DEVELOPER agrees n to revoke said offer of dedication, and eep said offer open until the accepts offer by resolution. B. Upon execut of this AGREEMENT the PER agrees to deliver a properly executed t deed to the of the real property described in Exhibit "A", nd such other ecuted conveyances, or instruments necessary to convey lear titl as herein required. The DEVELOPER shall provide, at the D PER' sole cost and expense, to the City: (1) A preliminary titl report ssued by a title insurance company relating to th roperty off for dedication. (2) A standard licy of title issued by a title insurance and insuring the CITY in sum of: N/A and which 1 show said property free and cl of all liens or encumb except those as the CITY shall essly waive in it said policy shall be furnished at the time f acceptance of edication and recordation of deed. C. Upon the condition precedent that the DEVELOPER L each and every covenant and condition of this AGR�EMENI', the 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 Clete 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 frcemt 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 workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. Page 3 K 051?AGE 1.786 C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Deft 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 PE= It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit frcmt the City Engineer before the ccmmencement 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. 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 frau 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. ZAU 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 stun 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 AGR=NT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal stun 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 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 AGRE NT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. Page 4 K051PAGE 1.787 B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEb= 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 sba11 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 AG1:)=NT, 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. CHE=G 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. Vials r, *J a 26.14W z Z1 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). s u►, 'A49iuk1 a11 21 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 conpliance 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). Page 5 K051PAGE]788 eNTA • F0 isIN, a OU -N .ap hp-lejM .-.. 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 CI'T'Y. 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. 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) . 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 the adopted Water Master Plan (PART K, Page 2). 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 INSTAL T A'L'TODT OF S'IREErl' 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. 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. Page 6 KO51PAGE x.789 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. 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. CEN'T'RAL 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. It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. 18. PACIFIC GAS AND ELECTRIC/PACIFIC BELZ It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Ccnpany and/or to Pacific Bell any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undeing 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 Bell that said fees are due and payable. Page 7 19. EASEMN'I'S AND RI=--OF--WAY K 0 5 1 PAG E .l_ "! 9 0 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 HAR =S 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 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 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. 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. Page 8 K05 I PAGE1791 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. 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 (13) prints of hilly executed parcel maps. B. A mylar sepia and ten (11) prints of fully executed improvement plans. C. 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, plans will be furnished within one plans by the CITY. prints and microfilm for improvement month following the signing of the It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six (6) months notice from the CITY, in which event the Work must be ompleted within one (1) year thereafter, or in the absence of such notification, no later than five (5) years and six (6) months from the date of this AGREEMENT, the following improvements: Page 9 K051PAGE1792 Until such notification is made by CITY, or such time has elapsed, Sections numbered 2 through 23 excepting 9 et al. are hereby deferred. The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local inprovement district, if this method is feasible to secure the installation and construction of the improvements. 24. SUCCESSORS - RUN WITH LAND - A.P.N. This AGREEMENT shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and understood that this AGREEN11+34'I' 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 B, which is attached hereto and made a part hereof by reference, and is for the benefit of the other lands in the City of Cupertino. 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: --� MaY or , �' ity Attorfiey City Cler -:r K051PAR1793 STATE OF CALIFORNIA COUNTY OF Sant- 016II a ss. {INDIVIDUAL) On this 20th day of Jan r9--8-7,before ane, the undersigned, a Notary Public in and for said County, personally appeared Alan Str�sl it an�B STeeklFf.. it pgrsQna41T--k-novvn- to -erre; or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same. Witness my hand and official seal. "i &V otary ruditc in Anita Munoz Name (Typed or Printed) 3403 (R6/82)1 OFFICIAL SEAL V1-1 ANITA MUNOZ NOTARY PUBLIC CALIFORNIA SANTA CLARA COUNTY My Commission Expires April 8, 1989 2 U�G�C�G�G�:9G1:9G?:�G?�G?JGT`lb�tw:1� 6r (This area for official notarial seal) K 051PA6E1794 Lc) 00 '00/ 3, el0 , 00 o 0 N 0 0 0 0 0 0 Q0 (J) tf) (f) Q7, VON) UD 03 I O ,Q) -Q, rn Lv LL"41 Q: O Qz LLJ k5 (n Q7_ O z, C:) rl— K 051PA6E1794 Lc) 00 '00/ 3, el0 , 00 o 0 N 0 0 0 0 0 0 Q0 (J) tf) (f) Q7, UD 03 I O ,Q) -Q, rn CO O Qz K 051PA6E1794 Lc) 00 '00/ 3, el0 , 00 o 0 N 0 0 0 0 0 0 Q0 (J) tf) (f) Qz (�o 10 cl) C) Cl) 60'19 Zg '91o0 tv CO ly-Z&ON HJYON o 0 1 /V J s 3 J -7 29 er P-ro LLJ ;3 9441659 I N A 10430 AGREEMENT K Cu p 6: OLD CUPERTINO RD.ATSTEVENS CREEK K302PAGE 2 0 22 This AGP== made and entered into this day of 19 LZ , by and between the CITY OF c(JPERTINO, a municipal corporation of the State of California, hereinafter designated as and Alan --L-Barbara Stc)cklmeir RR hereinafter designated as DEVELOPER. M19 UEN ITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a Building Permit to construct- aril maintain a Single Family Dwelling hereinafter referred to as "Project." WHEREAS, the = hereby agrees to permit DE== of the required development improvements in accordance with the provisions of this F--Telz=2 WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the city Engineer or as provided herein and; WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to camplete installation of those improvements which will be required in accordance with those plans to be prepared; and WHEREAS, the M -,, =PER agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with conditions of development approval; and Page 1 K 302PAGE2023 WHEREAS, girsuant to the provisions of this AGREEMEIQ'1', the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONUS, FEES AND DEPOSITS KI 15) PAGE , 664 Improvement Category - N/A PARI' A. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: Deferred PART C. Checking and Inspection Fee: Deferred PARI' D. Indirect City Expenses: Deferred PART E. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: $619.00 Six Hundred Nineteen Dollars & No/100 PART G. One Year Power Cost: Deferred PART H. Street Trees: By Developer PARI' I. Map Checking Fee: N/A PART J. Park Fee: N/A PART K. Water Main Extension Deposit: $41895.00 Reimbursement Old Cupertino Rd Four Thousand Eight Hundred Ninety -Five & No/100 PART L. Maps and/or Improvement Plans: N/A Page 2 K.3U2PAGE2®24 NOW, MMFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION KI 10— PAGE 16 6 R A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereo reference. Said dedicated property shall be free and clear of all 1' or encumbrances except those which the CITY shall waive in wri ' . The DEVELOPER agrees not to revoke said offer of dedication,and keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the LOPER agrees to deliver a properly executed grant deed to the of the real property described in Exhibit "A", and such other ecuted conveyances, or instruments necessary to convey clear title s herein required. The DEVELOPER shall provide, at the DEVELOPER'S le cost and expense, to the City: (1) A preliminary title port issued by a title insurance company relating to the offered for dedication. (2) A standard po cy of title insurance issued by a title insurance insuring the CITY in the sum of: N/A and which sh show said property free and clear of all liens or encumbranc except those as the CITY shall expressly waive in writing; id policy shall be furnished at the time of acceptance of ded' tion and recordation of deed. Upon the condition precedent that the DEVELOPER shall ch and every covenant and condition of this AGREEmEur, the CITY 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 AGREEMERT, 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 frcm the DEVELOPER or the DEVELOPERS 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 workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. Page 3 KI 15-) PAGE 1666 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 n "Director of Public Works" is mentioned, it shall be considered as m 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 7� specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 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 cotmtence. 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. I 11;-'1`IBii/y;1:1 Owl) 1iMM'/ A. Upon the execution of this AGREEN=, 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 AGR, 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. Page 4 KII15parE16�;7 B. In lieu of a surety bond, the DEVELOPER may elect to secure this AM== 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, c' 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or -ro, �-r+ C. The amount of said cash, checks, certificate of deposit, or Qa 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 AGRE1VT, 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. It is further agreed that DEVELOPER shall pay any and all necessary direct ex=penses 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. It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). 7A. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in coupliance 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) . Page 5 � �1 • ` ISI /• � � M � .7I• •. K1115PAGE I G � S 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 arisingout of or due to faulty`�' a in said work during the workmanship and/or materials m appearing ing 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). 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 the adopted Water Master Plan (PART K, Page 2). 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 INSTALTATIOU 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. 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. Page 6 13. MANCE OF WORK K115)PAGE1669 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 execution of this AGREEMENT, a letter from the stating that the DEVELOPER has entered into e said District to install sanitary sewers to Project and stating that a bond to insure ful: the construction of the said sanitary sewers said sanitary sewer in conformance with the Paragraph 13 above has been filed. shall file with CITY, upon Cupertino Sanitary District separate AGREE�NT with the serve all lots within said L and faithful performance of and to insure maintenance of provisions as set forth in It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEt=, 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 AGREE�'I', 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. It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. 18. PACIFIC GAS AND ELECTRIC/PACIFIC SELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Bell any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for 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 Bell that said fees are due and payable. Page 7 G -0 D m 19. EAS=I'S AND RIGHT-OF-VaY KI1 5)PA5E16 j0 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 stun 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 BAR!= 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 = 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 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 Camcil individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. A. Each of said policies of insurance shall provide coverage in the following mini,mm, Ants: 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. Page 8 K I Il") PAGE 1671 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. 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 (13) prints of fully executed parcel maps. B. A mylar sepia and ten (11) prints of fully executed improvement plans. C. 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. DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six (6) months notice from the CITY, in which event the Work must be completed within one (1) year thereafter, or in the absence of such notification, no later than five (5) years and six (6) months from the date of this AGREEN NT, the following improvements: Any and all Standard Public Improvements on and along Cupertino Road excepting water mains. Page 9 K I I .I) PAGE 167 2 Until such notification is made by CITY, or such time has elapsed, Sections numbered 2 through 22 excepting 9 et al. are hereby deferred. The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. 24. SUCCESSORS - RUN WITH LAND - A.P.N. This AGREEMENT shall bind the heir;., administrators, executors, successors, assigns and transferees of DEVELOPER: It is agreed and understood that this AGREE = 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 B, which is attached hereto and made a part hereof by reference, and is for the benefit of the other lands in the City of Cupertino. IN WITNESS MEREOF, 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. CITY OF.CUPERTINO: Approved as to form: K 302PAGE2'63 KI I'PAGE 613 STATE OF CALIFORNIA s5. - COUNTY OF Santa Clara (INDIVIDUAL) f. On this 26thday of--- ebruary 19 87 before me, the undersigned, a Notary Public in and for said County, personally appeared *Allan Stocklmeir and Barbara Stocklmeir* lk�j�ciia�e, or proved to me on the basis of satisfactory evidence 'to be the person(s) whose name(s) is/are subscribed to the within instrument, W and acknowledged to me that they executed the same. w ii Witness my h nd and official seal. + Notary Public in and for said County an tate D. Svoboda Name (Typed or Printed) OFFICIAL SEAL! 6' D, SVOBODA NOTARY PUBLIC - CALIFORNIA 9 SANTA CLARA COUNTY My Comwssion Expires Mar. 30,, 1990 (This area for official notarial seal) 3403(R6/82)1 (Rev.3-1986) Page 10 Z/2o /g 7 EXHIBIT BI (APN 326-17-040, REVISED) K 302PA6E2033 K115)PAGE1_674 ALL the real property within the County of Santa Clara and the State of California which is shown as Parcel #2 on that certain Record of Survey filed in Book 190 of Maps at page 7, Santa Clara County Records and which said Parcel #2 is more particularly described as follows: Beginning at the Southwest corner of Lot #3 of Russell Hurst subdivision, a map of which said subdivision is filed in Volume P of Maps at Page 22, Santa Clara County Records, thence from said Point of Beginning along the southerly Line of Lot 3 South 88°52'54" East 10.00 feet; thence parallel to the centerline of Crescent Road South 0001'16" West 25.92 feet to the True Point of Beginning; thence parallel to the aforementioned southerly line South 88° 52'54" East 63.70 feet; thence North 46° 07106" East 36.65 feet to the aforementioned southerly line; thence along the southerly line of Lots 2, 1 and a portion of Lot "B" as shown on the aforementioned subdivision map South 88°52'54" East 333.09 feet;'to a point on the northerly line of Stevens Creek Blvd.; thence along the northerly line of Stevens Creek Blvd. South 60° 51'38" West 37.79 feet; and South 72°42'31" West 236.90 feet; thence parallel to the centerline of Old Stevens Creek Road North 66032'01" West 178.71 feet to the True Point of Beginning. Containing 0.480 acres of land more or less and being a portion of San Antonio Rancho, Cupertino, Santa Clara County, California. K 302PAGE2034 m m eO O / / CRESCENT RD. N 0 01'16" E 0 84.83 - 4> m m .92, H (n v> m H O v c� w / .p O m m m m N O/ I 2 m j r w = N . W m L1 N O Ln N v Z p r c a '. C i w v z ,n , - N 0°0116" E 100.12-" I m , vN _ � r c) v w 0� 0` o z 0 a v Oo m in o P 0 ^ N, ` , � En N r Ln z z r r" A m m x = H H N m H m a N v z v c� z 0 w � m maw LAI m m ol a m a w N . �- CD 20 o .0r 120 oro m O of n n rip N -..0 W V —a woo v, 00. Ln O