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85-012 Monta Vista Properties - Improvements for property at Pasadena Ave & GranadaRESOLUTION NO. 6523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE LOCATED ON PASADENA AVENUE AND GRANADA AVENUE; DEVELOPER, MONTA VISTA ASSOCIATES, A GENERAL PARTNERSHIP (HEALY); AUTHORIZING THE CITY ENGINEER TO SIGN THE FINAL PLAN; AND AUTHORIZING EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented the final plan for the improvement of Avenue and Granada Avenue by Monta Partnership; and to the City Council for approval of street frontage located on Pasadena Vista Associates, a General WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, gutters, sidewalks, and for other improvements, and good and sufficient bonds, fees and deposits as set forth in Exhibit "A", having been presented for the faithful performance of said work and the carrying out of said agreement; and said plan, agreement and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that said final plan for the improvement of street frontage on Pasadena Avenue and Granada Avenue be and the same is, hereby, approved; and the City Engineer is hereby authorized to signs said final plan; and the Mayor and th-e City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of March , 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Sparks, Johnson NOES: None ABSENT: Rogers ABSTAIN: None APPROVED: /s/ Phil N. Johnson Mayor, City of Cupertino ATTEST: /s/ Allison Villarante Deputy City Clerk RESOLUTION NO. 6523 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Commercial Monta Vista Associates, a General Partnership (Douglas K. Healy) LOCATION: Pasadena and Granada A. Faithful Performance Bond: $33,000.00 Thirty-three Thousand and no/100 Dollars B. Labor and Material Bond: $33,000.00 Thirty-three Thousand and no/100 Dollars C. Checking and Inspection Fee: $ 1,650.00 One Thousand Six Hundred Fifty and no/100 Dollars D. Indirect City Expenses: $ 250.00 Two Hundred Fifty and no/100 Dollars E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $ 902.00 Nine Hundred Two and no/100 Dollars G. One Year Power Cost: $ 36.00 Thirty-six and no/100 Dollars H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: N/A K. Water Main Extension Deposit N/A L. Maps and/or Improvements Plans: By Developer A G R E E M E N T This AGREEMENT made and entered into this day.of FEBRUARY 5 , 1985 , by`and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and MONTA VISTA ASSOC FATES, a General Partnership 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 NELSEN 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." 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 PART J. Park Fee: N/A PART K. Water Main Extension Deposit: N/A PART L. Maps and/or Improvement Plans: By DEVELOPER Page 2 SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: N/A PART A. Faithful Performance Bond: $33,000.00 Thirty Three Thousand and no/100 Dollars PART B. Labor and Material Bond: $33,000.00 Thirty Three Thousand and no/100 Dollars PART C. Checking and Inspection Fee: $ 1,650.00 One Thousand Six Hundred Fifty and no/100 Dollars PART D. Indirect City Expenses: $ 250.00 Two Hundred Fifty and no/100 Dollars PART E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: $ 902.00 Nine Hundred Two and no/100 Dollars PART G. One Year Power Cost: $ 36.00 Thirty Six 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: N/A PART L. Maps and/or Improvement Plans: By DEVELOPER 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: 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 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. 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 alb 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 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 amountas 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 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 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, 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 Attorney Notary Acknowledgement Required GENERAL ACKNOWLEDGMENT C'TTY np rr7PRPTTMn- May City Clerk Z, DEVELOPER: NO. 201 State of On this the J da of J// -XII 19 , before me, 1,1,4 SS.County of — --- /''��- -��C✓ the undersigned Notary Public, personally appeared ?(1966!16QtA!!lIQlQElliCI08allQEC11R/Sl rlldr7i71l5Hxa Fl:1 A711 •���"'��iti' _�l "�"'`'TM' 1` �• Or PICT AL S',Z AL c' V IIIJA BEST g ���F� 4 f/personally known to me NOTARY PUI'LIC — CAUFO R.;1i c. � ❑ proved to rrie on the basis of satisfactory evidence d,f,✓ couNrr OF :,Ia CLr,n to be the person(s) whose name(s) >.% subscribed to the Comm. Exp. P13v, 1, 1935 Z within instrument, and acknowledged that Li executed it. �!!i1!!!!!l116Q66110!!laEl:06aliCleil4i:d3i�iHl: JS ilYHlY! WITNESS my hand angl official seal. Notary's Signatu RESOLUTION NO. 6696 RESO=0N OF COUNCIL OF = OF • --a ■ • APPROVIM THE FINAL MAP AND 11M�OVEMENT PLANS OF TRACT NO. 7751, MONTA VISTA WOODS LOCATED CN THE SOUTHEAST CORNER OF PASADENA AVENUE AND GRANADA AVENUE; ALMIORIZING SIGNIM OF FINAL MAP; AUTHCRIZI14G THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record the final map of Tract No. 7751, Monta Vista Woods, located at the southeast corner of Pasadena Avenue and Granada Avenue. (Improvement plans, bonds, and fees under separate previous agreement; except for park fee, which is to be determined upon receipt of appraisal.); a. Said final map of Tract No. 7751, be and the same is hereby approved. b. The City Engineer and the City Clerk are hereby authorized to sign said final map. C. The Mayor and the City Clerk are hereby authorized to execute the improvement agreement in connection with this project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 day of October 1985 by the following vote: Vote Members of the Citv Council AYES: Gatto, Plungy, Sparks, Johnson NOES: None ABSENT: Rogers ABSTAIN:None ATTEST: /s/Dorothy Cornelius City Clerk /s/Phil Johnson Mayor, City of Cupertino TRACT 7751 TRACT AGR E EMENT This AGREEMENT, made and entered into this 21st day of October 19 84 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter desiqnated as CITY, and MONTA VISTA ASSOCIATES 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 heretofore filed with the City Council of the City of Cupertino, marked and designated as TRACT 7751 Cupertino California, hereinafter desiqnated 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 NELSON ENGINEERING a true copy of which improvement plans and specifications are on file in the Office of the City Enqineer 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." Paqe 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 followinq schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS PART A. Faithful Performance Bond: BY PREVIOUS AGREEMENT PART B. Labor and Material Bond: PART C. Checkinq and Inspection Fee: PART D. Indirect Citv Expenses: PART E. Map Filinq Fee One Hundred and no/100 Dollars PART F. Development Maintenance Deposit: PART G. Storm Drainaqe Fee: PART H. One Year Power Cost: PART I. Street Trees: BY PREVIOUS AGREEMENT PAID IN PREVIOUS AGREEMENT PAID IN PREVIOUS AGREEMENT $100.00 PAID IN PREVIOUS AGREEMENT PAID IN PREVIOUS AGREEMENT PAID IN PREVIOUS AGREEMENT BY DEVELOPER PART J. Park Fee: ZONE-fTe-BE-BETERMII�EB�' Seven Thousand Five Hundred Sixty and No/100 Dollars $7,560.00 PART K. Water Main Extension Deposit: PAID IN PREVIOUS AGREEMENT Paqe I- 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 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 specifications of the CITY and/or the specifications of the CITY District shall take precedence over conflicting portions. 2. EXCAVATION PERMIT State Specifications and the the Cupertino Sanitary District, and/or the Cupertino Sanitary and be used in lieu of such 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 5. 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. 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 E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9. 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). 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. Page 5 Ll. 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. 12.a. PARK FEE ADJUSTMENT PROVISIONS The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires formal confirmation. The City will employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" based on the appraisal. The Developer agrees to pay for any deficiency within thirty (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 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 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. 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. PAGE 6 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING - 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 isfurther 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. PAGE 7 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 insure8. Said separate policy shall provide bodily injury and property damage coverage to the foregoing ma.med 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 o.f 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. PAGE 8 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. 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: CITY OF CUPERTINO . ayor: i State of On this the ��day of&4419 before me, /County of l i SS. ��/JL.� �Z// , the undersigned Notary Public, personally appeared nueoatteeeenleeeueuueueeeeneesnenseeeeemae ' O7 FICIAL SEAL ...'. INA GESS BAKERpersonally known to me A = ❑ proved to me on the basis of satisfactory evidence NOTARY PUBLIC - CALIFORNIA i -�• COUNTY OF SANTA CLARA to be the person(s) who executed the within instrument on behalf of the Comm. Exp. Nov. 1, 1985 partnership, and acknowledged to me that the partnership executed it. uusuuuuuueuusuca nuilemanuilluu eeufI WITNESS my hand a d official seal. Note's Sign`atdre PARTNERSHIP ACK14OWLEDGMENTFORM 7130052 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK April 8, 1985 Mr. Doug Healy Monta Vista Associates 700 S. Bernardo #101 Sunnyvale, CA 94087 IMPROVEMENT AGREEMENT Dear Mr. Healy: Citi'l 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 Monta Vista Associates, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 6523, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, March 18, 1985. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works NO FEE IN ACCORDANCE WITH 60V CODE 6103 RETURN TO CITY . ' Or-� CUPERTINO 90300 TORRE AVE. CUPERTINO., CA 98014 (ORIGINAL -RETURN TO CITY OF RESOLUTION N0. 6709 FILED FOR RECORD AT REQUEST OF DEC Z6 8 34AM IRS Ci-71CAL 3r"_-w.';ORDS SANTA Ci.ARA COUNTY RECORDER CUPERTINO 1 5 PAGE I I CA 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF DEFERRED UNDERGROUNDING AGREEMENT WITH MONTA VISTA ASSOCIATES FOR THE IMPROVEMENT OF FRONTAGE ALONG PASADENA/GRANADA WHEREAS, Monta Vista Associates hereinafter referred to as "Developer", desires to develop his property fronting Pasadena Avenue and Granada Avenue, Tract No. 7751; and WHEREAS, Developer wishes to defer the undergrounding of utility lines fronting Pasadena Avenue and Granada Avenue; 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 agreement. NOW, THEREFORE, BE IT RESOLVED that 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 authorized to record said 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 December , 1985 by the following vote: Vote: Members of the Citv Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk ": ✓ IS TO CERTIFY 3:N%' _r' Tl�'d,:�j/ITHIN ' ^�7NIENT ISATRLIf:`i ND CORRECT COPY Wr" THE ORIGINA 14'FILE IN T.I I S 6FFIGE. ATTEST 40. A � 7 xrl CITY CLERK F TFt•E .C�1)�.'i�f EPTI APPROVED: CIT`r " ER /s/ Barbara A. Rogers Mayor, City of Cupertino El TRACT 7751 J 5 5 8 PAGE 1 .6. DEFERRED UNDERGROUNDING AGREEMENT' This is an agreement between the City of Cupertino, hereinafter referred to as CITY and MONTA VISTA ASSOCIATES hereinafter referred to as DEVELOPER, made by and between the parties this day of /V �iC eir r f 19 611 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 PASADENA AVE. & GRANADA 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 PASADENA AVE. & GRANADA 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 Pasadena Ave. & Granada Ave. 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. EXHIBIT "A" That certain property being lots A & B and a portion of the Lot E in block 5 as shown on a map entitled "Re -subdivision of Subdivision 1 Town of Monta `lista" recorded in Book P @ Page 24, Santa Clara County Records. SAid lot is delineated on Exhibit "g' attached hereto. AGREEMENT - Page 2 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: Approved as to form: State of SS. County of �"""'_ CITY OF CUPERTINO: 4MA4� — --� City Clerk On this the _2��"day of �� 19-&, before me, the undersigned Notary �Public, ,ppersonally appeared �mu�atttrreo�a��sreei®a�erwrnnruewassrn>w� '� OFFICIAL SEAL l" personally known to me INA GESS BAKER ix ❑ proved to me on the basis of satisfactory evidence NOTARY PUFLlC — CALIFORNIA a to be the person(s) who executed the within instrument on behalf of the COUNTY OF SA14TA CLARA g. a partnership, and acknowledged to me that the partnership executed it. Comm. Exp. Nov. 1, 1985 $ WITNESS rpy hand pd official seal. YNYMf18fECfif�6Hi�ilW�i6lf¢�'i��a�p� /, Notary's Signature PARTNERSHIP ACKMOWLEDGMENTFORM 7130052 FOUND l!T? MONUMENT it a i5 PASADENA AVE. P To 15.,70 L = 31.44 oUBL,r 'STREET A T ION 1/2" JP L'; 5308 15' 54' ),1; Fl. FPrim I.W. CORNER LOT 1 AREA = 0.371 Ac. uj > H 71 j cc 54 M .SOUTH • IVAE J 'VE4, AT _.PA, E. Pi APS 4 _, I F .51 1 T 'M ..E. IRNERLLL IRECORDER'S MEMO 1AINT WRITING OR TYPING t)IR CARBON CONES MAKES POOR PHOTOGRAPHIC RECOR15 SCALE: 1' = 20'