85-016 San Jose Water Works Installations of Water Facilities for Hoover & Jollyman Subdivisions Reso 6506, 6529, 1273Fc) -- %rz'-C - `76 S a�
RESOLUTION NO. 6506
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANANGER AND THE CITY ENGINEER
TO EXECUTE IMPROVEMENT AGREEMENTS WITH VARIOUS UTILITIES
FOR WORK AT JOLLYMAN AND HOOVER SUBDIVISIONS
WHEREAS, the Agreement between the Cupertino Union School District
and the City requires the City to contract with various utilities for
their work on Jollyman and Hoover subdivisions; and
WHEREAS, the execution of agreements will randomly occur; and
WHEREAS, the City would like to process these agreements as ex-
peditiously as possible;
NOW, THEREFORE, BE IT RESOLVED that the City Manager and the City
Engineer are hereby authorized, in behalf of the City of Cupertino, to
execute improvement agreements with various utilities for work at the
Jollyman and Hoover subdivisions.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of February 1985 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Rogers, Sparks Johnson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Allison Villarante
City Clerk
THIS IS TO CERTIFY TH..Ti'.� v'+ H=Pa
INSTRUMENT IS ATRUE AND CORRECT COP'.
OF THE ORIGINAL ON FILE IN THIS OFFICE,
ATTEST. 19.A—
CITY CLERK,C3,F- E CITY OF CUP ER -T —tNO
/s/ Phil N. Johnson
Mayor, City of Cupertino
MAIN EXTENSION CONTRACT
"C RULE"
DISTRIBUTION PLANT
FIRE FLOW REQUIREMENTS MEET GENERAL ORDER NO. 103
TRACT 7682
City of Cupertino
THIS AGREEMENT, made and entered into this
day of,: 19by and between the person
—r
or persons listed in paragraph 1 hereof, hereinafter collective-
ly referred to as "Applicant," and SAN JOSE WATER COMPANY,
a California corporation, hereinafter referred to as "Utility,"
W I T N E S S E T H:
WHEREAS, the Applicant is the developer of that certain
subdivision of real property situate, lying and being in
the County of Santa Clara, State of California, which is
known as TRACT 7682 Subdivision, in accordance
with the map thereof filed in the office of the County Recorder
of said County on
540
March 15
of Maps at page 30 and 31
, 19 85 , in Book
and which is hereinafter referred to as the "Subdivision,"
and
WHEREAS, Applicant is now selling or proposes in the
near future to sell lots in the Subdivision and to this end
desires to have water service available in the Subdivision
through and by means of mains and appurtenances to be installed
therein substantially as shown on that certain map attached
hereto, marked Exhibit A and by this reference made a part
hereof, and by services (including service pipes, fittings,
gates and housings therefor, and meter boxes) to be installed
in accordance with Utility's usual practices, said mains,
appurtenances and services being hereinafter referred to
as the "Facilities," and
WHEREAS, upon the terms and conditions herein set forth
Utility is willing to install the Facilities and to furnish
water service in the Subdivision through and by means thereof
at the rates and in accordance with the rules of the Utility
now in force, or that may from time to time hereafter be
lawfully established in its service area;
NOW, THEREFORE, for and in consideration of the premises
and of the mutual covenants, agreements, terms and provisions
herein contained, it is agreed as follows to wit:
1. Applicant. The names and addresses of the person
or persons herein collectively referred to as "Applicant"
are as follows:
Name Address
City of Cupertino 10300 Torre Avenue
Cupertino, CA 95014
2. Applicable Rule. This agreement is entered into
pursuant to the requirements and in accordance with the various
applicable provisions of Utility's Main Extension Rule No. 15,
hereinafter referred to as the "Rule," in effect and on file
0
with the California Public Utilities Commission ("Commission");
a copy of the Rule is attached hereto as Exhibit B. This
agreement does not, therefore, require specific authorization
of the Commission to carry out its terms and conditions.
3. Fire Protection. The Facilities are designed to
meet the minimum fire flow requirements contained in Section
VIII.1.(a) of the Commission's General Order No. 103, as
ordered by Decision 82-04-089, dated April 21, 1982.
4. Applicant's Deposit. The estimated total installed
cost of the Facilities, hereinafter referred to as the "Estimated
Cost," is $ 32,940 Applicant has advanced
to Utility an amount equal to the Estimated Cost, receipt
of which amount is hereby acknowledged by Utility.
5. Installation of Facilities. Utility agrees that
it will, as soon'as necessary materials and labor are available,
and necessary permits, franchises, licenses or other govern-
mental authorizations have been obtained, commence and prosecute
to completion with all reasonable diligence the work of
installing the Facilities. Utility reserves the right to
make such changes in design or materials as it may deem neces-
sary. Within sixty (60) days after Utility has ascertained
its actual costs in installing the Facilities, it will provide
Applicant with a statement of the same showing in reasonable
detail the costs incurred for materials, labor and other
direct and indirect costs, overheads and total costs, or
unit costs or contract costs, whichever are appropriate.
If such actual construction costs shall not have been determined
3.
within one hundred twenty (120) days after completion of
construction work, a preliminary determination of actual
costs shall be submitted, based upon the best available
information at that time. If such actual costs as finally
determined shall be greater or less than the Estimated Cost,
the difference shall be advanced by Applicant to Utility
or repaid by Utility to Applicant as the case may be, and
the Estimated Cost adjusted accordingly. The Estimated Cost
as so adjusted shall be Applicant's Advance Subject to Refund.
If, at any time following installation of the Facilities,
Utility, upon written request of Applicant, shall abandon a
portion of the Facilities, Utility shall promptly notify
Applicant of the installed cost of the Facilities so abandoned,
and Applicant's Advance Subject to Refund shall, as of the date
of such notice by Utility, be reduced by the amount of such
installed cost set forth in such notice.
6. Engineering and Street Grades. Applicant agrees
to set stakes on the street and lot boundaries of the Subdivision
and provide Utility with finished street grades and typical
cross sections to enable Utility to determine a location
for the mains and the depth to which they are to be laid.
Utility will determine the locations and depths of the mains
in relation to the data furnished by Applicant. Installation
of the mains will not be commenced by Utility until curbs
and gutters have been installed and street grades have been
brought to those established by public authority. In the
event Utility incurs any cost or expense in relocating, raising
4.
or lowering the Facilities by reason of inaccuracy of Applicant
in performance of its obligations under this paragraph, Utility
shall give written notice to Applicant of such actual cost
or expense within ten (10) days after Utility has ascertained
the same, and Applicant agrees to pay Utility promptly the
amount thereof, which shall not be subject to refund by Utility
hereunder.
7. Applicant's Agreements.
(a) Applicant agrees to use its best efforts to
assist Utility to obtain any and all permits, franchises or
other governmental authorizations which may be required for
the installation of the Facilities. Applicant further agrees
to convey or cause to be conveyed to Utility any and all
easements and rights of way which may be necessary or
reasonably appropriate for installation of the Facilities
(b) Applicant agrees to comply with applicable
provisions of local building codes and/or ordinances relating
to (i) interior plumbing requirements in new buildings covering
toilets, showerheads, and kitchen and lavatory faucets, as set
forth in Section A.4.e.1. of the Rule, and (ii) design and
operation of automatic irrigation systems in parks, median
strips, landscaped public areas and landscaped areas surrounding
condominiums, townhouses, apartments and industrial parks, as
set forth in Section A.4.e.2. of the Rule.
8. Refund. Provided that Applicant is not in default
hereunder, Utility agrees to make annual refunds hereunder to
Applicant or such other party as may be entitled thereto in cash,
5.
without interest, for a period not to exceed forty (40) years
from the date hereof, commencing not later than six months after
the first anniversary of the date hereof. Each such annual refund
shall equal 22% of Applicant's Advance Subject to Refund.
If any portion of Applicant's Advance Subject to Refund shall
not have been refunded upon termination of said 40 year period,
Utility shall refund said portion to Applicant with the last
refund payment hereunder. The total amount so refunded shall
not exceed Applicant's Advance Subject to Refund, without
interest.
9. Utility's Right of Offset. In the event Applicant
shall become entitled to a repayment or refund under the
provisions of this agreement, Utility shall have the right
at such time to offset against the amount then due Applicant
hereunder the total amount of any indebtedness then due
or owing by Applicant to Utility.
10. Ownership. The Facilities to be installed here-
under and all construction work in connection therewith shall
be and remain at all times the property of Utility, and
Applicant shall have no right, title or interest whatsoever
in or to the same.
11. Construction Delay. Utility shall not be responsi-
ble for any delay in construction resulting from any cause
beyond its control, including, without limiting the generality
of the foregoing, any delay resulting from inability to obtain
sufficient proper materials and supplies, labor disturbances
or shortages, or weather conditions or inability to obtain
M
necessary permits, licenses, franchises or other governmental
authorizations. In the event Utility is unable to obtain
sufficient materials to meet all construction requirements
necessary to provide adequate service to all its customers,
it shall be entitled to allocate materials obtained by it
to such construction projects as in its sole discretion it
deems most important to service needs of its customers, and
any delay in construction of the Facilities resulting from
any such allocation of materials by Utility shall be deemed
to be a cause beyond its control and it shall not be responsi-
ble for such delay.
12. Notices. Any notice which it is herein provided
may or shall be given by either party to the other shall
be deemed to have been duly given when deposited in the United
States mail, registered or certified, postage prepaid and
addressed to the party to whom such notice is given at the
following respective addresses:
To Applicant: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
To Utility: San Jose Water Company
P.O. Box 229
374 West Santa Clara Street
San Jose, CA 95196
Either party, by notice given as hereinbefore provided, may
change the address to which notice shall thereafter be addressed.
7.
13. Nature of Obligations; Assignment. If more than
one person is named in paragraph 1 hereof, the obligations
of the persons executing this agreement as Applicant shall
be joint and several. Until Applicant shall notify Utility
in writing to the contrary, all refunds hereunder shall be
paid by Utility to City of Cupertino, 10300 Torre Avenue
Cupertin0,
CA 35014 Applicant may
assign this agreement only after (a) determination of the
amount of,Applicant's Advance Subject to Refund, (b) settlement
of any amounts owing to Utility or Applicant under paragraph 5
hereof by reason of a difference between Estimated Cost and
actual cost, and (c) written notice to Utility. Any such
assignment shall apply only to those refunds hereunder which
become due more than thirty (30) days after the date of receipt
by Utility of such notice of assignment. Utility will not
make any single refund payment hereunder to more than one
person.
14. Successors and Assigns. Subject to the provisions
of the preceding paragraph 13, this agreement shall inure
to the benefit of and shall bind the respective heirs, executors,
administrators, successors and assigns of the parties hereto.
15. Jurisdiction of Public Utilities Commission. This
agreement shall at all times be subject to such changes or
modifications by the Commission as the Commission may from
time to time direct in the exercise of its jurisdiction.
16. Applicant's Responsibility. Applicant hereby agrees
to indemnify Utility against any and all loss or injury to
8.
any of Utility's meters, pipes, or any other installations
in the Subdivision caused by Applicant and/or its agents,
servants, employees or by subcontractors or independent
contractors performing services and/or furnishing materials
to and for the benefit of Applicant.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement in duplicate the day and year first above
written.
ATTEST :,,--7'
Cit Clerk
SAN JOSE WATER C` MPANY
By A ,—ct✓
Its Vi VPresident
By
Its/Secretary
UTILITY
CITY OF CUPERTINO
APPLICANT
Approved as t form:
/
7 � �
C t Attorney
a
Tor Tmct "/ 6 E3
RESOLUTION NO. 6506
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANANGER AND THE CITY ENGINEER
TO EXECUTE IMPROVEMENT AGREEMENTS WITH VARIOUS UTILITIES
FOR WORK AT JOLLYMAN AND HOOVER SUBDIVISIONS
WHEREAS, the Agreement between the Cupertino Union School District
and the City requires the City.to contract with various utilities for
their work on Jollyman and Hoover subdivisions; and
WHEREAS, the execution of agreements will randomly occur; and
WHEREAS, the City would like to process these agreements as ex-
peditiously as possible;
NOW, THEREFORE, BE IT RESOLVED that the City Manager and the City
Engineer are hereby authorized, in behalf of the City of Cupertino, to
execute improvement agreements with various utilities for work at the
Jollyman and Hoover subdivisions.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of February 1985 by the following
vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Gatto, Plungy, Rogers, Sparks Johnson
IN THI
None F rH ORGg5gRrj TH
NoneC Tr'rQST NA` ON �l N R�CITHIN
Y ClE �
None 8y RK T E L/.r FlC
.
/s/ Allison Villarante
City Clerk
APPROVEI
/s/ Phil N. Johnson
Mayor, City of Cupertino
MAIN EXTENSION CONTRACT
"C RULE"
DISTRIBUTION
FIRE FLOW REQUIREMENTS MEET GENERAL ORDER NO. 103
TRACT 7683
Cupertim
THIS AGREEMENT, made and entered into this
day of �/��t/� r
�', 19 by and between the person
or persons listed in paragraph 1 hereof, hereinafter collective-
ly referred to as "Applicant," and SAN JOSE WATER COMPANY,
a California corporation, hereinafter referred to as "Utility,"
W I T N E S S E T H:
WHEREAS, the Applicant is the developer of that certain
subdivision of real property situate, lying and being in
the County of Santa Clara, State of California, which is
known as 7Et�3 Subdivision, in accordance
with the map thereof filed in the office of the County Recorder
of said County on March 15 , 19_, in Book
540 of Maps at page (s) 39 and 13
and which is hereinafter referred to as the "Subdivision,"
and
WHEREAS, Applicant is now selling or proposes in the
near future to sell lots in the Subdivision and to this end
desires to have water service available in the Subdivision
through and by means of mains and appurtenances to be installed
therein substantially as shown on that certain map attached
hereto, marked Exhibit A and by this reference made a part
hereof, and by services (including service pipes, fittings,
gates and housings therefor, and meter boxes) to be installed
in accordance with Utility's usual practices, said mains,
appurtenances and services being hereinafter referred to
as the "Facilities," and
WHEREAS, upon the terms and conditions herein set forth
Utility is willing to install the Facilities and to furnish
water service in the Subdivision through and by means thereof
at the rates and in accordance with the rules of the Utility
now in force, or that may from time to time hereafter be
lawfully established in its service area;
NOW, THEREFORE, for and in consideration of the premises
and of the mutual covenants, agreements, terms and provisions
herein contained, it is agreed as follows to wit:
1. Applicant. The names and addresses of the person
or persons herein collectively referred to as "Applicant"
are as follows:
Name Address
City of Cupertino 10300 Torre Avenue
Cupertino, CA 95014
2. Applicable Rule. This agreement is entered into
pursuant to the requirements and in accordance with the various
applicable provisions of Utility's Main Extension Rule No. 15,
hereinafter referred to as the "Rule," in effect and on file
2.
with the California Public Utilities Commission ("Commission");
a copy of the Rule is attached hereto as Exhibit B. This
agreement does not, therefore, require specific authorization
of the Commission to carry out its terms and conditions.
3. Fire Protection. The Facilities are designed to
meet the minimum fire flow requirements contained in Section
VIII.1.(a) of the Commission's General Order No. 103, as
ordered by Decision 82-04-089, dated April 21, 1982.
4. Applicant's Deposit. The estimated total installed
cost of the Facilities, hereinafter referred to as the "Estimated
Cost," is $ 48.840.00 Applicant has advanced
to Utility an amount equal to the Estimated Cost, receipt
of which amount is hereby acknowledged by Utility.
5. Installation of Facilities. Utility agrees that
it will, as soon as necessary materials and labor are available,
and necessary permits, franchises, licenses or other govern-
mental authorizations have been obtained, commence and prosecute
to completion with all reasonable diligence the work of
installing the Facilities. Utility reserves the right to
make such changes in design or materials as it may deem neces-
sary. Within sixty (60) days after Utility has ascertained
its actual costs in installing the Facilities, it will provide
Applicant with a statement of the same showing in reasonable
detail the costs incurred for materials, labor and other
direct and indirect costs, overheads and total costs, or
unit costs or contract costs, whichever are appropriate.
If such actual construction costs shall not have been determined
3.
within one hundred twenty (120) days after completion of
construction work, a preliminary determination of actual
costs shall be submitted, based upon the best available
information at that time. If such actual costs as finally
determined shall be greater or less than the Estimated Cost,
the difference shall be advanced by Applicant to Utility
or repaid by Utility to Applicant as the case may be, and
the Estimated Cost adjusted accordingly. The Estimated Cost
as so adjusted shall be Applicant's Advance Subject to Refund.
If, at any time following installation of the Facilities,
Utility, upon written request of Applicant, shall abandon a
portion of the Facilities, Utility shall promptly notify
Applicant of the installed cost of the Facilities so abandoned,
and Applicant's Advance Subject to Refund shall, as of the date
of such notice by Utility, be reduced by the amount of such
installed cost set forth in such notice.
6. Engineering and Street Grades. Applicant agrees
to set stakes on the street and lot boundaries of the Subdivision
and provide Utility with finished street grades and typical
cross sections to enable Utility to determine a location
for the mains and the depth to which they are to be laid.
Utility will determine the locations and depths of the mains
in relation to the data furnished by Applicant. Installation
of the mains will not be commenced by Utility until curbs
and gutters have been installed and street grades have been
brought to those established by public authority. In the
event Utility incurs any cost or expense in relocating, raising
4.
or lowering the Facilities by reason of inaccuracy of Applicant
in performance of its obligations under this paragraph, Utility
shall give written notice to Applicant of such actual cost
or expense within ten (10) days after Utility has ascertained
the same, and Applicant agrees to pay Utility promptly the
amount thereof, which shall not be subject to refund by Utility
hereunder.
7. Applicant's Agreements.
(a) Applicant agrees to use its best efforts to
assist Utility to obtain any and all permits, franchises or
other governmental authorizations which may be required for
the installation of the Facilities. Applicant further agrees
to convey or cause to be conveyed to Utility any and all
easements and rights of way which may be necessary or
reasonably appropriate for installation of the Facilities
(b) Applicant agrees to comply with applicable
provisions of local building codes and/or ordinances relating
to (i) interior plumbing requirements in new buildings covering
toilets, showerheads, and kitchen and lavatory faucets, as set
forth in Section A.4.e.1. of the Rule, and (ii) design and
operation of automatic irrigation systems in parks, median
strips, landscaped public areas and landscaped areas surrounding
condominiums, townhouses, apartments and industrial parks, as
set forth in Section A.4.e.2. of the Rule.
S. Refund. Provided that Applicant is not in default
hereunder, Utility agrees to make annual refunds hereunder to
Applicant or such other party as may be entitled thereto in cash,
5.
without interest, for a period not to exceed forty (40) years L
from the date hereof, commencing not later than six months after
the first anniversary of the date hereof. Each such annual refund
shall equal 2k% of Applicant's Advance Subject to Refund.
If any portion of Applicant's Advance Subject to Refund shall
not have been refunded upon termination of said 40 year period,
Utility shall refund said portion to Applicant with the last
refund payment hereunder. The total amount so refunded shall
not exceed Applicant's Advance Subject to Refund, without
interest.
9. Utility's Right of Offset. In the event Applicant
shall become entitled to a repayment or refund under the
provisions of this agreement, Utility shall have the right
at such time to offset against the amount then due Applicant ;d
hereunder the total amount of any indebtedness then due
or owing by Applicant to Utility.
10. Ownership. The Facilities to be installed here-
under and all construction work in connection therewith shall
be and remain at all times the property of Utility, and
Applicant shall have no right, title or interest whatsoever
in or to the same.
11. Construction Delay. Utility shall not be responsi-
ble for any delay in construction resulting from any cause
beyond its control, including, without limiting the generality
of the foregoing, any delay resulting from inability to obtain
sufficient proper materials and supplies, labor disturbances
or shortages, or weather conditions or inability to obtain sed.
6.
any of Utility's meters, pipes, or any other installations
in the Subdivision caused by Applicant and/or its agents,
servants, employees or by subcontractors or independent
contractors performing services and/or furnishing materials
to and for the benefit of Applicant.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement in duplicate the day and year first above
written.
ATTEST:
.Y
C ty Clerk
SAN JOSETER C, NY
By
Its ,e President
By
is Secretary
UTILITY
Its -:--it er
AAA
By.
Its. Cit E ineer
a
APPLICANT
Rule No. 15
MAIN EXTENSIONS
A. General Provisions and Definitions
I. Applicability
a. All extension of distribution mains, from the utility's basic
production and transmission system or existing distribution
system, to serve new customers, except for those specifically
excluded below, shall be made under the provisions of this rule
unless specific authority is first obtained from the Commission
to deviate therefrom. A main extension contract shall be executed
by the utility and the applicant or applicants for the main
extension before the utility commences construction work on said
extensions or, if constructed by applicant or applicants, before
the facilities comprising the main extension are transferred to
the utility.
b. Extensions primarily for fire hydrant, private fire protection,
resale, temporary, standby, or supplemental service shall not be
made under this rule.
C. The utility may, but will not be required to, make extensions under
this rule in easements or rights-of-way where final grades have
not been established, or where street grades have not been brought
to those established by public authority. If extensions are made
when grades have not been established and there is a reasonable
probability that the existjng grade will be changed, the utility
shall require that the applicant or applicants for the main
extension deposit, at the time of execution of the main extension
agreement, the estimated net cost of relocating, raising or
lowering facilities upon establishment of final grades. Adjustment
of any difference between the amount so deposited and the actual
cost of relocating, raising or lowering facilities shall be made
within ten days after the utility has ascertained such actual
cost. The net deposit representing actual cost is not subject
to refund. The entire deposit related to the proposed relocation,
raising or lowering shall be refunded when such displacements are
determined by proper authority to be not required.
2. Limitation of Expansion
a. Whenever the outstanding advance contract balances reach 40 percent
of total capital (defined, for the purpose of this rule, as
proprietary capital, or capital stock and surplus, plus debt and
advances for construction) the utility shall so notify the
Commission within thirty days.
EXHIBIT 1i I
A. General Provisions and Definitions (Continued)
2. Limitation of Expansion (Continued)
b. Whenever the outstanding advance contract balances plus the
advance ona proposed new extension would exceed 50 percent
of total capital, as defined in Section A.2.a. plus the advance
on the proposed new extension, the utility shall not make the
proposed new extension of distribution mains without authorization
of the Commission. Such authorization may be granted by a letter
from the Executive Director of the Commission.
C. Whenever the outstanding advance contract balances reach the above
level, the utility shall so notify the Commission within thirty
days.
3. Definitions
a. A "bona -fide customer," for the purposes of this rule, shall be
a customer (excluding any customer formerly served at the same
location) who has given satisfactory evidence that service will
be reasonably permanent to the property which has been improved
with a building of a permanent nature, and to which service has
commenced. The provision of service to a real estate developer
or builder, during the construction or development period, shall
not establish him as a bona -fide customer.
b. A "real estate developer" or "builder," for the purposes of this
rule, shall include any individual, association of individuals,
partnership, or corporation that divides a parcel of land into
two or more portions, or that engages in the construction and
resale of individual structures on a continuing basis.
C. The "adjusted construction cost," for the purposes of this rule,
shall be reasonable and shall not exceed the costs recorded in
conformity with generally accepted water utility accounting
practices, and as specifically defined in the Uniform System of
Accounts for Water Utilities prescribed by the Commission for
installing facilities of adequate capacity for the service
requested. If the utility, at its option, should install
facilities with a larger capacity or resulting in a greater
footage of extension than required for the service requested, the
"adjusted construction cost," for the purpose of this rule,
shall be determined by the application of an adjustment factor
to actual construction cost of facilities installed. This
factor shall be the ratio of estimated cost of required
facilities to estimated cost of actual facilities installed.
-2-
A. General Provisions and Definitions (Continued)
4. Ownership, Design, and Construction of Facilities
a. Any facilities installed hereunder shall be the sole property of
the utility. In those instances in which title to certain portions
of the installation, such as fire hydrants, will be held by a
political subdivision, such facilities shall not be included as a
part of the main extension under this rule, and will neither be
owned by the utility nor subject to refund under the provisions
of Section C.2. of this rule.
b. The size, type, quality of materials, and their location shall
be specified by the utility; and the actual construction shall
be done by theutility or by a constructing agency acceptable
to it.
C. Where the property of an applicant is located adjacent to a
right-of-way, exceeding 70 feet in width, for a street, highway,
or other public purpose, regardless of the width of the traveled
way or pavement; or a freeway, waterway, or railroad right-of-way,
the utility may elect to install a main extension on the same side
thereof as the property of the applicant, and the estimated and
adjusted construction costs in such case shall be based upon such
an extension.
d. When an extension must comply with an ordinance, regulation,
or specification of a public authority, the estimated and
adjusted construction costs of said extension shall be based
upon the facilities required to comply therewith.
e. If the following provisions for water conservation are included
in local building codes and/or ordinances, the main extension
contract shall contain these provisions.
(1) All interior plumbing in new buildings shall meet the
following requirements:
(a) Toilets shall not use more than 3 1/2 gallons per
flush, except that toilets and urinals with flush
valves may be installed.
(b) Shower heads shall contain flow controls which
restrict flow to a maximum of approximately
3 gallons per minute.
(c) Kitchen and lavatory faucets shall have flow controls
which restrict flow to a maximum of approximately
2 gallons per minute.
-3-
A. General Provisions and Definitions (Continued)
4. Ownership, Design and Construction of Facilities (Continued)
(2) All new parks, median strips, landscaped public areas
and landscaped areas surrounding condominiums, townhouses,
apartments and industrial parks shall have a well-balanced
automatic irrigation system designed by a landscape
architect or other competent person, and shall be operated
by electric time controller stations set for early morning
irrigation.
5. Estimates, Plans, and Specifications
a. Upon request by a potential applicant for a main extension, the
utility shall prepare, without charge, a preliminary sketch and
rough estimates of the cost of installation to be advanced by
said applicant.
b. Any applicant for a main extension requesting the utility to
prepare detailed plans, specifications, and cost estimates shall
be required to deposit with the utility an amount equal to the
estimated cost of preparation of such material. The utility
shall, upon request, make available within 45 days after receipt
of the deposit referred to above, such plans, specifications, and
cost estimates of the proposed main extension. If the extension
is to include oversizing of facilities to be done at the utility's
expense, appropriate details shall be set forth in the plans,
specifications, and cost estimates.
C. In the event a main extension contract with the utility is
executed within 180 days after the utility furnishes the detailed
plans and specifications, the deposit shall become a part of the
advance, and shall be refunded in accordance with the terms of the
main extension contract. If such contract is not so executed,
the deposit to cover the cost of preparing plans, specifications,
and cost estimates shall be forfeited by the applicant for the
main extension and the amount of the forfeited deposit shall be
credited to the account or accounts to which the expense of
preparing said material was charged.
d. When detailed plans, specifications, and cost estimates are
requested, the applicant for a main extension shall furnish
a map to a suitable scale showing the street and lot layouts
and, when requested by the utility, contours or other indication
of the relative elevation of the various parts of the area to be
developed. If changes are made subsequent to the presentation
of this map by the applicant, and these changes require additional
expense in revising plans, specifications, and cost estimates,
this additional expense shall be borne by the applicant, not subject
to refund, and the additional expense thus recovered shall be
credited to the account or accounts to which the additional expense
was charged.
-4-
A. General Provisions and Definitions (Continued)
6. Timing and Adjustment of Advances
a. Unless the applicant for the main extension elects to arrange
for the installation of the extension himself., as permitted
by Section C.l.c., the full amount of the required advance
or an acceptable surety bond must be provided to the utility
at the time of execution of the main extension agreement.
b. If the applicant for a main extension posts a surety bond in lieu
of cash, such surety bond must be replaced with cash not less
than ten calendar days before construction is to commence;
provided, however, that if special facilities are required
primarily for the service requested, the applicant for the
extension may be required to deposit sufficient cash to cover
the cost of such special facilities before they are ordered by
the utility.
C. An applicant for a main extension who advances funds shall be
provided with a statement of actual construction cost and
adjusted construction cost showing in reasonable detail the
costs incurred for material, labor, any other direct and
indirect costs, overheads, and total costs; or unit costs;
or contract costs, whichever are appropriate.
d. Said statement shall be submitted within sixty days after the
actual construction costs of the installation have been
ascertained by the utility. In the event that the actual
construction costs for the entire installations shall not
have been determined within 120 days after completion of
construction work, a preliminary determination of actual
and adjusted construction costs shall be submitted, based
upon the best available information at that time.
e. Any differences between the adjusted construction costs and
the amount advanced shall be shown as a revision of the amount
of advance and shall be payable within thirty days of date of
submission of statement.
7. Assignment of Main Extension Contracts
Any contract entered into under Section B and C of this rule, or
under similar provisions of former rules, may be assigned, after
settlement of adjusted construction costs, after written notice to
the utility by the holder of said contract as shown by the utility's
records. Such assignment shall apply only to those.refunds which
become due more than thirty days after the date of receipt by the
utility of the notice of assignment. The utility shall not be
required to make any one refund payment under such contract to
more than a single assignee.
-5-
A. General Provisions and Definitions (Continued)
8. Interpretations and Deviations
In case of disagreement or dispute regarding the application of any
provision of this rule, or in circumstances where the application of
this rule appears unreasonable to either party, the utility, applicant
or applicants may refer the matter to the Commission for determination.
B. Extension to Serve Individuals
1. Payment
Extensions of water mains to serve new individual customers shall be
paid for and contributed to the utility by the individual customer
requesting the main extension. Calculation of payment shall be on
the basis of a main not in excess of 6" in diameter, except where a
larger main is required by the special needs of the new customer. The
utility shall be responsible for installing and paying for service
pipes, meter boxes and meters to serve the new individual customer.
2. Refunds
If subsequent applicants for water service are connected directly to
the main extension contributed by the original individual customer,
such subsequent applicants shall pay to the utility an amount equal
to the cost of 50 feet of the original extension. Such amounts shall
be immediately refunded by the utility to the initial customer who
originally paid for and contributed the main extension to the utility.
Total payments to the initial customer by subsequent applicants for
water service who are connected directly to the extension shall not
exceed the original cost of the extension. No refunds shall be made
after a period of ten years from completion of the main extension.
M
Rule No. 15
MAIN EXTENSIONS
(Continued)
C. Extensions to Serve Subdivisions, Tracts, Housing Projects,
Industrial Developments, Commercial Buildings, or Shopping Centers
1. Advances
a. Unless the procedure outlined in Section C.l.c., is followed, an
applicant for a main extension to serve a new subdivision, tract,
housing project, industrial development, or organized commercial
district shall be required to advance to the utility, before
construction is commenced, the estimated reasonable cost of the
extension to be actually installed, from the nearest utility facility
at least equal in size or capacity to the main required to serve both
the new customers and a reasonable estimate of the potential customers
who might be served directly from the main extension. The costs of
the extension shall include necessary service stubs or service pipes,
fittings, gates and housing therefor, and meter boxes, but shall not
include meters. To this shall be added the cost of fire hydrants
when requested by the applicant for the main extension or required
by public authority, whenever such hydrants are to become the property
of the utility.
b. If special facilities consisting of items not covered by
Section C.l.a. are required for the service requested and, when such
facilities to be installed will supply both the main extension and
other parts of the utility's system, at least 50 percent of the
design capacity (in gallons, gpm, or other appropriate units) is
required to supply the main extension, the cost of such special
facilities may be included in the advance, subject to refund, as
hereinafter provided, along with refunds of the advance of the cost
of the extension facilities described in Section C.l.a. above.
c. In lieu of providing the advances in accordance with Section C.l.a.
and C.l.b., the applicant for a main extension shall be permitted, if
qualified in the judgment of the utility, to construct and install
the facilities himself, or arrange for their installation pursuant to
competitive bidding procedures initiated by him and limited to the
qualified bidders. The cost, including the cost of inspection and
supervision by the utility, shall be paid directly by applicant. The
applicant shall provide the utility with a statement of actual con-
struction cost in reasonable detail. The amount to be treated as an
advance subject to refund shall be the lesser of (1) the actual cost
or (2) the price quoted in the utility's detailed cost estimate. The
installation shall be in accordance with the plans and specifications
submitted by the utility pursuant to Section A.S.b.
C. Extensions to Serve Subdivisions, Tracts Housing Projects, Industrial
Developments, Commercial Buildings, or Shopping Centers (Continued)
I. Advances (Continued)
d. If, in the opinion of the utility it appears that a proposed main
extension will not, within a reasonable period, develop sufficient
revenue to make the extension self-supporting, or if for some other
reason it appears to the utility that a main extension contract
would place an excessive burden on customers, the utility may
require nonrefundable contributions of plant facilities from
developers in lieu of a main extension contract.
If an applicant for a main extension contract who is asked to
contribute the facilities believes such a request to be unreasonable,
such applicant may refer the matter to the Commission for the determina-
tion, as provided for in Section A.8, of this rule.
2. Refunds
a. The amount advanced under Sections C,l.a., C.l.b., and C.l.c.
shall be subject to refund by the utility, in cash, without
interest, to the party or parties entitled thereto as set
forth in the following two paragraphs. The total amount so
refunded shall not exceed the total of the amount advanced and
for a period not to exceed 40 years after the date of the contract.
b. Payment of refunds shall be made not later than June 30 of
each year, beginning the year following execution of contract,
or not later than 6 months after the contract anniversary date
if on an anniversary date basis.
C. Whenever costs of main extensions and/or special facilities have
been advanced pursuant to Section C.l.a., C.l.b., or C.l.c., the
utility shall annually refund to the contract holders an amount
equal to 2 1/2 percent of the advances until the principal amounts
of the contracts have been fully repaid.
Whenever costs of special facilities have been advanced pursuant to
Section C.l.b. or C.l.c., the amount so advanced shall be divided
by the number of lots (or living units, whichever is greater) which
the special facilities are designed to serve, to obtain an average
advance per lot (or living unit) for special facilities. When
another builder applies for a main extension to serve any lots for
which the special facilities are to be used, the new applicant
shall, in addition to thecosts of his proposed main extension,
also advance an amount for special facilities. This amount shall
be the average advance per lot for special facilities for each lot
to be used less 2 1/2 percent of the average advance for each year
in which advances have been due and payable on the original contract,
prorated to June 30 on a monthly basis.
-2-
C. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial
Developments Commercial Buildings, or Shopping Centers (Continued)
2. Refunds (Continued)
The amount advanced to the utility by the new applicant shall be
immediately refunded to the holder of the original contract, which
included the cost of the special facilities, and the original
contract advance will be reduced accordingly. The utility will
thenceforth refund 2 1/2 percent annually on each of the contract
amounts, as determined above, to the holders of the contracts.
Advances and refunds based on additional builder participation
will be determined in a similar manner.
In no case shall the refund on any contract exceed the amount
advanced.
d. With respect to a contract entered into before the effective
date of this tariff sheet if, at any time during the 20 -year
refund period, 80 percent of the bona fide customers for
which the extension or special facilities were designed are being
served therefrom, the utility may, with the approval of the
contract holder, modify the contract so that the utility shall
become obligated to pay, in cash, any balance which may remain
unrefunded at the end of said 20 -year period. Such balance
shall be refunded in five equal annual installments, payable
beginning 21 years after the date of the contract.
3. Termination of Main Extension Contracts
a. Any contract whose refunds are based on a percentage of the
amount advanced may be purchased by the utility and terminated
provided that the terms are mutually agreed to by the parties
or their assignees and Section C.3.c. and Section C.3.d. are
complied with. The maximum price that may be paid by the utility
to terminate a contract shall be calculated by multiplying the
remaining unrefunded contract balance times the appropriate
termination factor set out below. No contract that has been in
effect for less than 1.0 years shall be terminated without prior
Commission approval.
-3--
C. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial
Developments, Commercial Buildings, or Shopping Centers (Continued)
3. Termination of Main Extension Contracts (Continued)
b. Any contract with refunds based upon percentage of revenues and
entered into under Section C. of the former rule, may be purchased
by the utility and terminated, provided the payment is not in ex-
cess of the estimated revenue refund multiplied by the termination
factor in the following table, the terms are otherwise mutually
agreed to by the parties or their assigness and Section C.3.c.
and Section C.3.d. hereof are complied with. The estimated
revenue refund is the amount that would otherwise be refunded, at
the current level of refunds, over the remainder of thetwenty-year
contract period, or shorter period that would be required to
extinguish the total refund obligation. It shall be determined by
multiplying 22 percent of the average annual revenue per service
for the immediately preceding calendar year by the number of bona
fide customers at the proposed termination date, times the number
of years or fractions thereof to the end of the twenty-year contract
period or shorter period that would be required to refund the remaining
contract balance.
-4-
Termination
Factors
Years
Years
Years
Years
Remaining
Factor
Remaining
Factor
Remaining
Factor
Remaining
Factor
1
.8929
11
.5398
21
.3601
31
.2608
2
.8450
12
.5162
22
.3475
32
.2535
3
.8006
13
.4941
23
.3356
33
.2465
4
.7593
14
.4734
24
.3243
34
.2399
5
.7210
15
.4541
25
.3137
35
.2336
6
.6852
16
.4359
26
.3037
36
.2276
7
.6520
17
.4188
27
.2942
37
.2218
8
.6210
18
.4028
28
.2851
38
.2136
9
.5920
19
.3877
29
.2766
39
.2111
10
.5650
20
.3729
30
.2685
40
.2061
b. Any contract with refunds based upon percentage of revenues and
entered into under Section C. of the former rule, may be purchased
by the utility and terminated, provided the payment is not in ex-
cess of the estimated revenue refund multiplied by the termination
factor in the following table, the terms are otherwise mutually
agreed to by the parties or their assigness and Section C.3.c.
and Section C.3.d. hereof are complied with. The estimated
revenue refund is the amount that would otherwise be refunded, at
the current level of refunds, over the remainder of thetwenty-year
contract period, or shorter period that would be required to
extinguish the total refund obligation. It shall be determined by
multiplying 22 percent of the average annual revenue per service
for the immediately preceding calendar year by the number of bona
fide customers at the proposed termination date, times the number
of years or fractions thereof to the end of the twenty-year contract
period or shorter period that would be required to refund the remaining
contract balance.
-4-
C. Extensions to Serve Subdivisions Tracts Housing Projects Industrial
Developments, Commercial Buildings, or Shopping Centers (Continued)
3. Termination of Main Extension Contracts (Continued)
Termination Factors
Years Years
Remaining Factor Remaining Factor
1 .8929 11 .5398
2 .8450 12 .5162
3 .8006 13 .4941
4 .7593 14 .4734
5 .7210 15 .4541
6 .6852 16 .4359
7 .6520 17 .4188
8 .6210 18 .4028
9 .5920 19 .3877
10 .5650
C. The utility shall furnish promptly to the Commission the following
information in writing and shall obtain prior authorization by a
formal application under Sections 816-830 of the Public Utilities
Code if payment is to be made other than in cash:
(1) A copy of the main extension contract, together with
data adequately describing the development for
which the advance was made and the total adjusted
construction cost of the extension.
(2) The balance unpaid on the contract and the
calculation of the maximum termination price, as
above defined, as of the date of termination and
the terms under which the obligation was terminated.
(3) The name of the holder of the contract when
terminated.
d. Discounts obtained by the utility from contracts terminated under
the provisions of this section shall be accounted for by credits
to Ac. 265, Contributions in Aid of Construction.
-5-
D . Extensions Designed to Include Fire Protection
1. The cost of distribution mains designed to meet the fire flow
requirements set forth in Section VIII.l(a) of General Order No. .103
is to he advanced by the applicant. The utility shall refund this
advance as provided in Section B.2. and C.2. of this rule.
2. Should distribution mains be designed to meet fire flow requirements
in excess of those set forth in Section VIII.l(a) of General Order
No. 103, the increase in cost of the distribution mains necessary to
meet such higher fire flow requirements shall be paid to the utility
as a contribution in aid of construction.
3. The cost of facilities other than hydrants and distribution mains
required to provide supply, pressure, or storage primarily for fire
protections purposes, or portions of such facilities allocated in
proportion to the capacity designed for fire protection purposes,
shall be paid to the utility as a contribution in aid of construction.
-6-
INSTALLER'S
A G R E E M E N T
WITHOUT REIMBURSEMENT
THIS AGREEMENT, made this day of , 1_98 ,
between the CUPERTINO SANITARY DISTRICT, SA'N'TA CLARA COUNTY, CALIFORNIA, a public
corporation, duly organized and existing under Part I Division 6 of the Health and
Safety Code of. the State of California, hereinafter called "District", and
the CITY of CUPERTINO, a Municipal Corporation
U
hereinafter called "Installer";
VJ I T N E S S E T H:
WHEREAS, Installer is the owner of that certain real property designated as
Parcel 1 on the map marked Exhibit "A" hereto attached and by reference incorporated
herein;
WHEREAS, District is the owner and operator of a certain sanitary sewerage
system of which the existing main sewer shown on said Exhibit "A" is a part; and
WHEREAS, Installer desires to construct certain sanitary sewer facilities to
serve said Parcel 1 and to connect to said existing main sewer of District and has
presented to the Sanitary Board of the District plans, profiles and specifications
therefor which said plans, profiles and specifications have been approved by the
District Engineer and by the Sanitary Board of the District;
.,Old, THEREFORE, IT IS AGREED, as follows:
That in consideration of the mutual promises and conditions hereinafter declar-
ed and entered into hereby by the parties hereto, the parties do covenant and promise
as follows:
1. SEDER LINE CONSTRUCTION: Installer shall install, or cause to be installed,
said sanitary sewer facilities necessary to serve said Parcel 1 in strict accordance
with the plans, profiles and specifications approved by District along the route or
routes delineated on said Exhibit "A".
- 1 -
2. INSPECTION: Installer further hereby agrees to provide and assure said
District and its employees and any person or persons designated by it the right to
inspect said sanitary sewer facilities and the plans, materials and.work thereof at
any reasonable time or times before, during or after such are installed.
3. LANDS, EASEMENTS OR RIGHTS OF WAY: In the event that any lands or easements
are required for the extension of the public sewers, the construction of any improve-
ments, or the making of connections, Installer shall, at his sole cost and expense and
at no cost or expense to District, procure, or cause to be procured, and have accepted
by the District a proper deed, easement or grant of land or right of way sufficient in
law to allow the construction and maintenance of such improvements, extension or con-
nection.
Installer further warrants that previous to the time of the execution of such
conveyance to District, whether by deed, easement or grant of land or right of way, the
Grantor has not conveyed the same estate or interest, or any right, title or interest
therein, to any person other than the District; and that such estate or interest is, at
the time of the execution of such conveyance, free from encumbrances done, made or suf-
fered by the Grantor or any person claiming under Grantor or Installer.
4. PAYMENT BY INSTALLER: Installer further hereby agrees to pay any and all
costs in connection with the construction of said sewer facilities, including, but not
limited to, materials, work, inspection, supervision, legal, engineering, recording and
all incidental expenses therefor, and all other rates and charges established by District
before acceptance thereof by District. Installer further agrees that District may, with-
out further recourse to Installer, pay any of the above -listed expenses, or make pay-
ments applying on said expenses from the deposit made pursuant to Section 7 hereof.
5. FAITHFUL PERFORMANCE BOND AND LABOR AND MATERIAL BOND: Installer shall file
with the District, prior to execution of this agreement by District, a faithful perform-
ance bond and a labor and material bond in an amount to be determined by the District
to insure full and faithful performance of the terms of this agreement. Said bonds shall
guarantee that the Installer remedy any defects in the sanitary sewer work which shall
- 2 -
appear within a period of one (1) year from the date of final acceptance of the work
by the District, and pay for any damage to other work resulting from the construction
of said sanitary sewers, as well as paying the cost of all labor and material involved.
These bonds are to remain in full force for at least one (1) year after date of final
acceptance and shall not be cancelled except upon receipt of written release by District.
6. CONNECTION FEES: Installer shall pay to District, prior to execution of this
agreement by District, all applicable acreage, front -footage and additional dwelling
unit connection fees as defined in the District's Operations Code. The District Engin-
eer shall calculate and notify Installer of the amount of the connection fees applica-
ble to the subject property.
7. DEPOSIT: Installer hereby agrees to deposit, in cash, with District, prior
to execution of this agreement by District, a sum to be determined by District in ac-
cordance with its -current -schedule of fees. Said sum to be deposited is to be used
by District to pay for the District's costs for examination of plans, checking of spec-
ifications, inspection and other similar engineering charges, together with all costs
of administration, supervision, legal, recording and other incidental expenses in con-
nection therewith. Any balance of said sum remaining on deposit after payment of all
such charges and costs shall be refunded to Installer. No interest shall be paid by
District on the money so refunded. If such deposit is insufficient to pay all such
charges and costs, Installer hereby agrees to pay all such charges and costs in excess
of the sum so deposited prior to the acceptance of said sanitary sewer improvements
by District.
S. COMPLIANCE 14ITH ORDINANCES, RULES AND REGULATIONS: Installer shall comply
with all- District ordinances, rules and regulations, as now or hereafter amended. In-
staller must also comply with all State, County and other agency regulations, rules
and or affecting, in any manner, the construction of sanitary sewer facilities,
and shall obtain any and all necessary permits and shall pay all fees and charges re-
lating thereto or required therefor.
3 -
9. TRANSFER OF TITLE: Upon completion of the construction of said sanitary
sewer facilities by Installer and final approval thereof of District, title to said
facilities shall be transferred and conveyed to District. In furtherance thereof,
Installer shall execute any and all documents deemed necessary by District for trans-
ferring of title thereto simultaneously with the execution of this agreement but to
become effective as hereinafter provided. The documents shall thereupon be deposit-
ed with the Secretary of said District, in trust, with instructions to deliver same
to District upon its approval of said sewer facilities as constructed, it being the
intention of the parties hereto that such transfer of title shall become effective
only upon the final acceptance of said sanitary sewer facilties by the Sanitary Board
of District. Installer waives any and all right or claim he may have to or for any
other consideration from District for said transfer of title, except as is otherwise
provided by this agreement.
10. INDEMNIFICATION: Installer shall indemnify and hold the District, the Dis-
trict Engineer, Mark Thomas & Co. Inc., the County of Santa Clara and the City in
which the referred to real property is situated, their officers, agents and employ-
ees, free and harmless from any liability or claim of liability for costs and expenses
incurred, directly or indirectly, by Installer in the construction of the sewer lines
which are the subject of this agreement. Installer further agrees to require his
contractor to maintain full insurance coverage of not less than standard limits, and
to indemnify and hold District, the District Engineer, Mark Thomas & Co. Inc., the
County of Santa Clara and the City in which the referred to real property is situate,
their officers, agents and employees, free and harmless from any damage or claim of
damage for injury to person or property arising from the activities of Installer and
his contractor in the performance of the terms of this agreement.
11. SCOPE OF AGREEMENT: This writing constitutes the entire agreement between
the parties, and no modification or waiver of all or any part thereof shall be valid
unless in writing and signed by both parties hereto. Waiver by either party of any
breach of this agreement shall not be deemed waiver of any subsequent breach of the
i
4 -
same or of any other provision of this agreement. If any part of this agreement
° is held to be indefinite or uncertain or unenforceable, such determination shall
not invalidate any other part of this agreement: This agreement shall bind and
inure to the benefit of the heirs, administrators, successors, and assigns of the
parties hereto.
IN WITNESS WHEREOF, the undersigned have executed this agreement this
day of , 198
"DISTRICT"
CUPERTINO SANITARY DISTRICT of Santa Clara County,
California
By
President of the Board of Directors
of .said District
(SEAL)
ATTEST:
Secretary of said District
APPROVED AS TO Fd 1:
C � BY
By
City Attorney
Attest;
City ft erk
"INSTALLER"
CITY OF CUPERTINO
- 5 -
TRANSFER OF TITLE
For good and sufficient consideration, the receipt of which is hereby acknowledged,
the CITY of CUPERTINO, a Municipal Corporation
being the sole and exclusive owners of the sewerage system described as follows:
All of that certain sanitary sewer system constructed to service
Tract No. 7683, a map of which is filed for record in Book
of maps at Pages and, Santa Clara County Records
do hereby transfer and convey all our right, title, and interest in and to said
sewerage system to CUPERTINO SANITARY DISTRICT, Santa Clara County, State of California.
The conditions of this transfer are as follows:
1. The obligations of faithful performance and maintenance assumed by the under-
signed and guaranteed by various bonds heretofore executed in behalf of and filed with
Cupertino Sanitary District, shall remain in full force and effect for the period or
periods stipulated in said bonds.
2. Except as to the matters covered by said Bonds, the acceptance of title by
Cupertino Sanitary District of the sewerage system hereby transferred shall constitute
an assumption by said District of all responsibility or liability, damage or claim for
damage of any nature hereafter arising out of the operation and maintenance of said system.
IN WITNESS WHEREOF, this Transfer of Title is executed thisay of
Glu 19
(To be signed by owners, and acknow-
ledgement and Notarial Seal attached)
CITY OF CUPERTINO
BY
ity Manager
By
y Eng ',leer
ATTEST: j
City Clerk
F,
F-0
As rE,P
Cr.
P
PARCEL I
Existing "main sewer" of District
Sanitary sewers to be constructed by Installer
Easement to be granted to District
_ — .0--
SC,4 /- S:
1"-120 ,
"-izo'
I TRACT I2 ��8z� <yDOYEL�> I EXHIBIT "A" I
CUPERrIMO SA/Ill i4RY ®/STRICT
SC,AL E : /"= /ZO'
PARCEL
Existing .1 main sewer" of District
Sanitary sewers to be constructed by Installer
Easement to be granted to District
4
Q
0--, -1h-
7 -4C7- /V° 7678.7; <c,Iaz/-x11AN) I EXH1®I� 08A11 I
RESOLUTION NO. 6535
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF QUITCLAIM DEED FOR UNDERGROUND
WATER RIGHTS TO SAN JOSE WATER COMPANY -
TRACT 7683, LOT 20, JOLLYMAN SITE
WHEREAS, the City of Cupertino and the Cupertino Union School District
own property within the boundaries of Tract No. 7683, Jollyman site; and
WHEREAS, San Jose Water Company requires that all owners of property
within developing subdivisions in its service area quitclaim their
underground water rights to San Jose Water Company.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino quitclaims
its underground water rights over Lot 20, Tract No. 7683 to San Jose Water
Company, and hereby authorizes its Mayor to execute the Quitclaim Deed and
Authorization.
PASSED AND ADOPTED at a regular meeting of the City council of the
City of Cupertino this 15th day of —April �, 1985 by the
following vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Rogers
NOES: None
ABSENT: Johnson, Sparks
ABSTAIN: None
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
Pro -Tempore
ATTEST:
/s/ Dorothy Cornelius
City Clerk
F.E3C�'F21ON M). 1273
RES; LLiION 1:L'1':'3 IZIMG ACCEPTANCE OF OUITCL•kII: OF
PP.OPEP!TY Ate' fiLTIIH RIZ ING COIvV EYr-.NCE OF A PO ION OF
TFE H3a,IER P^;D JOLLYYYIN' SITES TO TEE CITY OF CUPERTINYJ
6',HERFIAS, the Cupertino Union School District (hereinafter "District")
and the City of Cupertino (hereinafter "City") have previously entero` i,to
an agree:..e .t dated P_pril 20, 1984 regarding the sale of porticns of the
Jollyra-n and Hoover School sites to the City and the development and sale of
the balance of said sites; and
WHEREAS, District has transferred to City portions of said sites
pursuant to said agreement; and
WHEREAS, a minor revision is necessary in the property description of
the portion of the Jollyman and Hoover sites transferred to City; and
WHEREAS, it is necessary for the District to accept a rn:itclaim fro-:
the City of the property.originally transferred and to reconvey to City the
properly described parcels;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Cupertino Union School District shall accept the
quitclaim of the property described in Exhibit A attached
hereto and incorporated herein; and
2. That the Cupertino Union School District shall convey to the
City cf Cupertino the property described in Exhibit B attached
hereto; and
3. That the Superintendent or designee is hereby designated and
directed to sign all necessary documents on behalf of the
District to effectuate these conveyances and sign the final
subdivision maps.
PASSED AND
ADOPTED by the Board of
Education of
the Cupertino Ution
School District,
County of Santa
Cara ,
State of California,
this l2th. day
of February , 19
85 by the
following vote:
AYES : Members Barram, Chell , Halstead, McKinley, White
NOES : None
ABSENT: None r"
Member
Member
Me,-nber
Merrier
Member "X
QUITCLAIM DEED AND AUTHORIZATION
TRACT 7683
Cupertino
THIS INDENTURE, made and executed this 17th day of
April; 19 85THE by and between DISTRICT RASNTTOULOTS 1-19NION 0L
THE CITY OF CUPERTINO
AS TO LOT 20 First Party, hereinafter sometimes
referred to as.the "Grantor," and SAN JOSE WATER COMPANY, a
California corporation, Second Party, hereinafter sometimes
referred to as the "Grantee,"
W T T M 7 c C r m u_
For and in consideration of the sum of One Dollar ($1.00)
in hand paid by the Grantee to Grantor and of other valuable
considerations, receipt whereof is hereby acknowledged, Grantor
does hereby grant, bargain, sell, assign, convey, remise, release
and forever quitclaim unto the Grantee, its successors and assigns,
all the right, title, interest, estate, claim and demand, both at
law and in equity, and as well in possession as in expectancy of
the Grantor as owner of that certain subdivision of real property
situate in the County of Santa Clara, State of California, and
specifically described in the map thereof filed in the office of
the County Recorder of the County of Santa Clara on the 15th
day of _ Marc 19 85 , in Book 540 of Maos
at page,(S) 32 and 33 to pump, take or otherwise extract
water from the underground basin or any underground basin and
located within the boundaries of the above described Subdivision,
and Grantor hereby irrevocably authorizes Grantee, its successors
and assigns, on behalf of the Grantor and its successors in
ownership of overlying lands in the said Subdivision to take
from said underground basin for use upon said overlying lands
within the said Subdivision any and all water which the owner
or owners of said overlying lands may be entitled to take for
beneficial use on said lands and to supply such water to such
owner or owners as a public utility; provided, however, that
nothing contained in this instrument shall be deemed to authorize
Grantee to enter upon any of the lots delineated upon the above
described map or to authorize Grantee to make any withdrawal of
water which will result in damage to any building or structure
erected upon said lots, and provided further that this conveyance
is made subject to the condition that if any owner of lands
within the Subdivision at any time hereafter desires to develop
his own sources of water and drills a producing well upon his
own lands, Grantee, upon receipt of the written request of such
owner, together with the payment of a consideration of One Dollar
($1.00) will quitclaim promptly to such owner any rights created
by this instrument relating to the land to such owner.
This assignment, conveyance and authorization is made for
the benefit of each parcel of land within the above described
Subdivision and shall bind each owner of any parcel of land
within said Subdivision.
IN WITNESS WHEREOF, Grantor has executed this instrument the day and
year first above written.
ATTEST:
r
Ci y Clerk
y
CORPORATE ACKNOWLEDGMENT
State of
SS.
County of
'�z7
ar ara 4-1 wo W
LE-r,AL OWNER'S NAME iO
e
1/J 1 V-) V I Mayor Pro -Tempore
RAMINWAN
M �-, N
Gch--1-/C'tt'AU0 L h 1l
GRANTOR(S)
NO. 202
On this the of le, before me,
the undersigned Notary Public, personally ap
L4-�`personally'known to me
❑ proved to me on the basis of satisfactory evidence
to be t persons) who executed the within instrument as
Pd�ULINE C. GVVFENNEV � YZ) or on behalf of the corporation therein
NOTARY PUBLIC - CALIFORNIA named, and ackno/Nile ged tome that th corporation executed it.
SANTA CLARA COUNTY WITNESS my h rid rid offici I- eal.
My Commission Expires Mar. 7, 1988
Notary's Signature
NAI IUNAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
8428173
Filed for Record
at Request of
San Jose Water Co.
June 4 11:05 AM 1985
Official Records
Santa Clara County
Laurie Kane
Recorder
J363pagel461
State of
ss.
County oft,
On this day of
,4, &-1
in the y�arXM, before me `
personally appered AfX Q' , personally known to me (or
proved to me on the basis of sat's5actory evidence) to be t e person who
executed this instrument as.
of
and acknowledged to me that the
/).
executed it.
cc��ncx�rx���ix��a�novc�cx�aoc�a
OFFICIAL SEAL
a ALLISON F. VILLARANTE g
NOTARY PUBLIC - CALIFORNIA
`., SANTA CLARA COUNTY,
My Commission Expires Feb. 8, 1988
State of
..,�� �
County of ��'���`' ss.-
On this day of in the
personally appear
before me _
personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who
executed this instrument as C 67�
of
and acknowledged to me tha
executed it.
OFFICIAL SEAL
ALLISON F. ViLLARANTE
0i'��.
,:
y � f?�, NOTARY PUBLIC -CALIFORNIA
,y' SANTA CLARE, COUNTY.
My Commission Expires Feb. 8, 1488
.a�a�ra���a�rac�a��. cc��acxr�
&rIMMI. I, � - - - , - - -, - M MA �_X
Irfij San Jose
Water
Company
374 West Santa Clara St.
P.O. Box 229
San Jose, CA 95196
408 279-7808
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Reference: Tract 7682 and 7683
Gentlemen:
Enclosed
deeds for
is on the
July 1, 1985
for your files are the duplicate copies of the quitclaim
the above -referenced p ojects. The ecording information
signature pages.
Very/truly yurs,
WAE S
WARREN, J
Ne 'Business Supervi lor
WSW: db
Enclosure
Est. #B5-247
B5-251
RESOLUTION NO. 6529
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF QUITCLAIM DEED FOR UNDER-
GROUND WATER RIGHTS TO SAN JOSE WATER COMPANY
TRACT 7682, LOT 28, HOOVER SITE
WHEREAS, the City of Cupertino and the Cupertino Union School District
own property within the boundaries of Tract No. 7682, Hoover site; and
WHEREAS, San Jose Water Company requires that all owners of property
within developing subdivisions in its service area quitclaim their
underground water rights to San Jose Water Company.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino quitclaims
its underground water rights over Lot 28, Tract No. 7682 to San Jose Water
Company, and hereby authorizes its Mayor to execute the Quitclaim Deed and
Authorization.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 1st day of April , 1985 by the following
vote:
Vote Members of the Citv Council
AYES: Gatto, Plungy, Sparks, Johnson
NOES: None
ABSENT: None
ABSTAIN: Rogers
ATTEST:
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ Phil N. Johnson
Mayor, City of Cupertino
IN '-H'S I7E TO CE IFY THAT THE WITHIN
LlF THC ORIGINAL t)N FILE�IN °HIS OFF CE
ATTEST
C
CJS! �{_K THE CITY 13 E
JRrI N ❑
BY
R COLU'ION 11D. 1273
R.ESOLUII01� AUTTHORIZINC ACCEYANCE OF QUITCLIk11' OF
PROP=IY A'' A� r. 3RIZ i1rz C011V EYANCE OF A POF ION OF
THE HIMTER zr?J JCL,LYY-:uN' SITES TO THE CITY OF CUPERTIINO
F%— EPEM, the Cupertino Union School District (hereinafter "District")
and the City of Cupertino (hereinafter "City") have previously entered i to
an agreem.ent dated P_pril 20, 1984 regarding the tale of portions of the
Jollyr.al7 and Hoover School sites to the City and the develo,-7.-aent and sale of
the balance of said sites; and
S,HEREAS, District has transferred to City portions of said sites
pursuant to said agreement; and
�, HEREAS, a minor revision is necessary in the property description of
the portion of the Jollyman and Hoover sites transferred to City; and
WHEREAS, it is necessary for the District to accept a quitclaim fr07.
the City of the property originally transferred and to reconvey to City the
properly described parcels;
Iv'74', THEREFORE, BE IT RESOLVED as follows:
1. That the Cupertino Union School District shall accept the
quitclaim of the property described in Exhibit A attached
hereto and incorporated herein; and
2. That the Cupertino Union School District shall convey to the
of
City Cupertino the property described in ENhibit B attached.
11..1 VL
hereto; and
3. That the Superintendent or designee is hereby designated and
directed to sign all necessary documents on behalf of the
District to effectuate these conveyances and sign the final
subdivision maps.
PASSED AND ADOPTED by the Board of Education of the Cupertino Union
School District, County of Santa Clara , State of California,
this �2`h day of February , 19 85 by the following vote:
AYES : Members Barram, Chell , Halstead, McKinley, White
NOES : None
ABSENT: None ��• �✓ � � �J
Member
Member
Mager
Member
QUITCLAIM DEED A14D AUTHORIZATION
TRACT 7682
City of Cupertino
THIS INDENTURE, made and executed this 17th day of
April, 19 85 , by and between DISTRICTTHE RASNTOULOTTS 1ION -27
THE CITY OF CUPERTINO
AS TO LOT 28 , First Party, hereinafter sometimes
referred to as the "Grantor," and SAN JOSE WATER COMPANY, a
California corporation, Second Party, hereinafter sometimes
referred to as the "Grantee,"
W T T M R Q Q L r u_
For and in consideration of the sum of One Dollar ($1.00)
in hand paid by the Grantee to Grantor and of other valuable
considerations, receipt whereof is hereby acknowledged, Grantor
does hereby grant, bargain, sell, assign, convey, remise, release
and forever quitclaim unto the Grantee, its successors and assigns,
all.the right, title, interest, estate, claim and demand, both at
law and in equity, and as well in possession as in expectancy of
the Grantor as owner of that certain subdivision of real property
situate in the County of Santa Clara, State of California, and
specifically described in the map thereof filed in the office of
the County Recorder of the County of Santa Clara on the 15th
day of _ MARCH 19 85 in Book —540 of Maos
at pages 30 and 31 to pump, take or otherwise extract
water from the underground basin or any underground basin and
located within the boundaries of the above described Subdivision,
and Grantor hereby irrevocably authorizes Grantee, its successors
and assigns, on behalf of the Grantor and its successors in
ownership of overlying lands in the said Subdivision to take
from said underground basin for use upon said overlying lands
within the said Subdivision any and all water which the owner
or owners of said overlying lands may be entitled to take for
beneficial use on said lands and to supply such water to such
owner or owners as 'a public utility; provided, however, that
nothing contained in this instrument shall be deemed to authorize
Grantee to enter upon any of the lots delineated upon the above
described map or to authorize Grantee to make any withdrawal of
water which will result in damage to any building or structure
erected upon said lots, and provided further that this conveyance
is made subject to the condition that if any owner of lands
within the Subdivision at any time hereafter desires to develop
his own sources of water and drills a producing well upon his
own lands, Grantee, upon receipt of the written request of such
owner, together with the payment of a consideration of One Dollar
($1.00) will quitclaim promptly to such owner any rights created
by this instrument relating to the land to such owner.
This assignment, conveyance and authorization is made for
the benefit of each parcel of land within the above described
Subdivision and shall bind each owner of any parcel of land
within said Subdivision.
IN WITNESS WHEREOF, Grantor has executed this instrument the day and
year first above written.
Deputy City Clerk
-D p:��� S,pei�a.�y
CORPORATE ACKNOWLEDGMENT
State of /
?L�;
SS.
CountyofA�,ry �
;a,a NOTAF� l PUBLIC - CALIFORNIA
a SANTA CLARA COUNTY
My Commission Expires Mar. 7, 1988
7120 122
8428172
Filed for Record
at Request of
San Jose WaterCo.
June 4 11:05 AM 1985
Official Records
Santa Clara County
Laurie Kane
Recorder
J363page 1454
� f,., -6 0 P /, P
L_ EG�OWNERR' NAME ('% lease 'print)
/
LEGAL WNERIGNATURE
It �' Pe "V-0 ✓gyp A% �L-Gt ABY
ren A Mann / e \
On this the / /, %d1v of
the undersigned Notary Public, personally ap
NO. 202
.11
19A, before me,
Rr'-personal(y known to me
❑ proved tome on the basis of satisfactory evidence
to be he person s) who execqu�ed the within instrument as
or on behalf of the corporation therein
named, and acknowle, g d to me that the cc - rporation executed it.
WITNESS my han�an official se�l.
Notary's Signature
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
State of� `
SS.
County of
On this day ofT in the year /qL, before me
personally appeared% 4,_(U.�4KU66 personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who
executed this instrument as_--- L v ,A
anof
d acldnowledged to me that the G a
executed it.
OP-Plef
Dorothy rAL7.
AL
r !,_
Come/' a
C01MMi 5 Q A CAiJFr ��
State of
ss.
County of
On this day of/�,Q
•
i
in
the year �before me _—
personally appeare JDA f�i��a/�7 ?f personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who
executed this instrument as le- eC,�•C T�
of
and acknowledged to me that the � ,l�7���/ o �y p
executed it.
aOFFICIAL, Ste_
00rWhY Marie Comeitus
NO1ARr PUBLIC -CALIFORNIA
%ANTA CLARA COUNTY
1 i< at si4 ►&Pires April 1,