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80-008 Peter J. and Susan J. Fitchen Minor improvement agreement for single family residence Reso 3339�waie a ,/D o� �``:SrGREE`4ENTa�t apo`------- a� C This AGREMIENT made and entered into this 19th day ofF 74 �" 3s4 December , 19 79 by and between the CITY OF CUPERTINO , a municipal corporation of the State of California, hereinafter designated as CITY, 'and Peter J. Fitchen and Susan J. Fitchen hereinafter designated as Developer. a' W I T Y E S S E T H IN-HEREdS, the Developer has made application to the CITY for a s fr. Building Permit and is securing a building permit from CITY to construct and maintain a Single Family Residence , hereinafter referred to as "Project." WH=EAS, the CITY hereby agrees to permit deferment of required development improvements in accordance with the provisions of this AGRZIMMITT, and WHEMA-S, the Developer hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein, and W-EF.REAS, the Developer further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared, and WH=EAS, the Developer agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with conditions of development approval, and WHEMkS, pursuant to the provisions of this AGP-I=T, the CITY hereby establishes the amounts of Bond, sees, and Deposit is set forth in the following schedules -1- SC�U? OF 3OriD, F��S, :�_iD DF_''OSITS F 74'''•' 385 -'- = �• Fait-hfll ?er`ornance Bond: Deferred ? UT B. Labor and `..a caria?, 3c—ad: 5 Deferred PART C. Checking and Inspection Fee: $ Deferred ?ART D. Indirect Cit? Zxp eases : $ Deferred P= c. Development Y-a,t=mace Deposit: $ Deferred PART i. Stora Drainage Tee: 5 247.00 One Year Power Cost:Deferred 5 DLT y, Tree Fees: by Developer $ By Devel over ?ART I. Yap Check -Jag Fee: g N/A P?�T J . Par;{ Fee: $ N/A PART K. Water Main Extension Deposit $ 800.00 `TOW, IT i5 M—= M=UALLY AG-ZO by and bet7, een the :arties er_to as '.01IOWs, TO—VIT: -1)- 1. INSTULATION OF WORK It is further agreed that: F 74 P! � - 386 (a) The Developer shall install and complete the Work within one (1) pear from the date of execution of this AGRZZ,=-, or such longer period as may be specifically authorized in writing by the City Engineer. In the evert 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 CIfi'i ma, recover any and all costs incurred thereby fzom the Developer or the Developer's surety or both. (b) The Developer shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with Existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifi- cations, 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 Standard Specifications of the Department of Public Works, Division of High- ways, State of California, dated January, 1973 and in accordance with the speci- fications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "Division of Highways" are mentioned in the State Specifications, it shall be considered as ref erring to the City of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as ref erring to the City Engineer. -3- F 74 ? ! 387 In case of conflict between the State Specifications and the specifications of the City of Cupertino and/or the Cupertino Sanitary District, the specifications of the City of Cupertino and/or the Cupertino Sanitary District shall take prece- dence over and be used in lieu of such conflicting portions. 2. EXCAVATION PERMIT It is further agreed that the Developer shall comply with Section Three of Ordinance No. 130 of the City of Cupertino 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. 3. OUITCLAIM DEED It is further agreed that 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 lying 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 OT=. SECURITY (a) Upon the execution of this AG1=77=4T, the Developer shall file with the CITY a faithful performance bond to assure his full and faithful aerformance of this AGREM'IENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AG_�EZIE7T, the value of any lard agreed to be dedicated, and any improvements to be made under this AGREMIENT. In the event that improvements are to be made under this AGRSEK.L2ENT, the Develo-oer 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 MIC F '74 E 388 be as desigmated 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 AGREEIE'NT, or to make any ca, rment, or any dedica- tion of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREMIE.`iT or otherwise indemnif? the CITY for the Develouer's failure to do so. (b) In lieu of a surety bond, the Developer may elect to secure this AGRE=T by depositing with the CITY: (1) Cash; or, (2) A cashier's check, or a certified check, payable to the order of the CITY; 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 instru- Ment of credit shall be as designated by the City Engineer, and shall be the equiv- alent 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 AGREMEHENT, or to make any payment, or any dedication of land, or any improvements therein 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. -5- 5. CHETKING AND INSPECTION FEE F 74 pi 389 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 AGREEtiLE , the amount as set forth herein at Page 2 (Part C) . Should con- struction 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) . 6A. L`'IAP FILING FEE It is further agreed that the Developer shall deposit with CITY, prior to execution of this AGREEK•JENT, for office checking of final map and field checking of street monuments, in compliance wit: Section 4:1 of Ordinance No. 47 (Revised 12/4/61) of CITY, the amount as set forth herein at Page 2 (Part I) . 7. DEVELOPIMNT `•LAINTENANCE DEPOSIT It is further agreed that the Developer shall pay to the CITY, prior to execution of this AGREZ!ENT, 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 wo 6:manship 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. F 74 390 8A. STORM DRAIVAGE FI It is further agreed that the Developer shall deposit w-ith the CITY, prior to execution of this AGRELHENT, 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) . 8B. WATER MAIN E.KTENSION 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 an adopted Water Master Plan. The amount shown herein at Park K, Page 2, shall be the full amount due. 9. ONE YEAR POWER COST It is further agreed that the Developer shall pay to CITY prior to execution of this AGREEMF-NT, the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. 10. FEES FOR THE INST_ULATION OF STREET TREES It is further agreed that the CITY shall, at such time as deemed appropriate by the City Engineer, plant and maintain street trees in con- formance with the standards of the City of Cupertino. As payment for said installation and maintenance by the CITY, the Developer shall pay to the CITY, prior to the execution of this AGREZ"'4ENT, the amount as set forth herein at Page 2 (Part H), which amount represents the fees for installation and maintenance of said street trees, having been calculated at the unit price of $13.00 per tree. -7- 11. PARK FEES F 74 Pt�.391 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. 12. MAINTENANCE OF THE 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. Thee 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. 13. 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 AGREL"IENT 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 constructions of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 12 above has been filed. 14. 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 Grith.. UO 15. CENTRAI. FIRE DISTRICT F 74 392 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 AGREE1 ITT 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. 16. STREET LIGHTI_dG It is further agreed that the Developer shall apply for the installat_on of electric power for street lighting at the earliest date possible. 17. P.G.& E. AND P.T.& T. It is further agreed that the Developer shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for under - grounding 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. lg . EASEMENTS ?.ND 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 CITY. 19. HOLD NARMLESS F 74 ?!::393 It is further agreed that, commencing with the performance of the Work by the Developer or his contractor and continuing until the completion of the maintenance of the Work, the Developer shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the perfor- mance or nonperformance of the Work or the negligence or willful misconduct of the Developer or the Developer's agents, employees and independent contractors. 20. INSi7-3, 7CE 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 CI'T'Y, 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 Z ollowing minimum amounts, for bodily injury, $100,000 each person. S300,000 each occurrence; property damage, $50,000 on account of any one occurrence ;with an aggregate limit of not less than $200,000. -10- F 74 P!�. 394 (b) The Developer shall file with the City Engineer at or prior to the time of execution of this AGRELMEiT 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 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 cc -name such municipality or political subdivision and the provision set forth herein and above for the protection of the City of Cuaertin0 shall equally apply to municipality and political subdivision. 21. SUCCESSORS This AGRZ=TT shall bind the heirs, administrators, executors, successors, assigns and transferees of Developer. The assigfent of this AG1U----,wshall act be made without approval by the City Council of CITY. -11- F '74 395 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 sub- division and the provision set forth herein and above for the protection of the City of Cupertino shall equally apply to municipality and political sub- division. 22. DEFERMENT It is further agreed that the Developer shall furnish, construct and install at his own expense, either upon six (6) months notice from the CITY, in which event the Work must be completed within one (1) year thereafter, or in the absence of such notification, no later than five (S) years and six (6) months from date of this AGREEMENT, the following improvements: Asphalt concrete, base rock, concrete curb and gutter,, storm drains and appurtenances as required by the Director of Public Works (excepting water main improvements). Until such notification is made by CITY, or such time has elapsed, Sections numbered 2-22 (excepting 9) are hereby deferred. The Developer further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. F 74 ?. C 396 23. SUCCESSORS - RUN WITH LAND This AGREEMENT shall bind the heirs, administrators, executors, successors, assigns and transferees of Developer. It is agreed and understood 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 be hereunto affixed by its City Engineer and City Manager, 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. - T `74 a� _.384 ��.. a Approved as to for :/ ity,Attorney Acknowledgements and Exhibit(s) A - 13 - CITY OF CUPERTINO ,, — By e/ City Manager By i � z�L�Le,,L� attached. F 74 w,4:4 F )'� f' -ye 39 7 EXHIBIT A Lot 149, as said Lot is laid out and delineated upon that certain Map entitled,,"Map of Subdivision A, Town of Monta Vista", which said Map was filed for record on the Eleventh day of April, 1917 in Map Book "P" at page 20, Santa Clara County Records. And as shown on that certain Record of Survey of Lands of Joseph T. Fuchs, Jr., et ux, filed for record on April 29, 1976 in Book 371 of Maps, at page 4, Santa Clara County Records. F 74 398 STATE OF C UFOR:iL- ) ss. COUNTY OF SANT CLARA) On December 7, 19 T) , before me, the undersigned, a Notary Public in and for said State, personally appeared Prater J. Fitchm and Susi J. Fit&i :known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that then executed the same. WITNESS my hand and official seal. Oae®11eae11111e11ace11�e11ar,1e1eo1e1111eue11uneweum■ OFFICIAL SEAL / MARGE MERKELBACH t/J- —e4-z� NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN THE Notary Pub 1 c in and i o r the County COUNTY OF SANTA CLARA ® of Santa Clara, State of Cal_forzla My Commission Expires February 15, 1981 i11111111Deal 111111111milli 111111111111116111131111111new CORPORATION AC' My'L. DG' -7'= STATF. OF CALIFORNLA ) ss. COUNTY OF SANTA CLARA) On 19,before me, the undersigned, a Notary Public in and for the said State, personally appeared , known to me to be the of the corporation that executed the within Instrument, :known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WEMEOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notar7 Public in and for the Cour.t;7 of Santa Clara, State of Cal__or___a -------- - 662iii338 RESOLUTION NO. 3339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY :TANAGER TO EXECUTE MINOR I111PROVEMENT AGREE`TENTS NOT INVOLVING LOT SPLITS F 74 382 WHEREAS, the present policy of the -City requires builders and develop- ers to enter into an agreement executed and approved by the City Council covering City improvement requirements; and WHEREAS, many such agreements involve minor improvements not requir- ing lot splits; and WHEREAS, the conditions precedent to issuance of a building permit under the terms of the Unimproved Street Ordinance cover the requirements for said improvements; and WHEREAS, it would be to the benefit of property owners, developers, and the City to eliminate the need for scheduling of agenda items which may necessitate delays in implementation of projects; and WHEREAS, the City Attorney has rendered the opinion that the policy of approving such minor improvements may be adjusted to allow the City Manager the authority to enter into agreements on behalf of the City which stipulate the necessary requirements; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ap- prove the policy authorizing the City Manager to execute minor improvement agreements not involving lot splits in accordance with the conditions out- lined in the Unimproved Street Ordinance No. 546. All minor improvement agreements executed by the City :Tanager shall be reported to the City Coun- cil at its next meeting. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 5th day of September , 1972, by the following, vote: AYES: Councilmen - Irwin, Jackson, Meyers, Sparks, Frolich THIS IS TO NOES: Councilmen - None CTJFY�THT Tf?- ;TITIN INSTRUMENT 1-8 A TNUE A(41D C01P ECT COPY OF THE OR -I NAL ON FILE If�.TF;IS OFFICE. ABSENT: Councilmen - None ATTEST 1. ATTEST: APPROVED: CITY a _ TIfE CITY �pF CLIP ? T,No 01 B Y CITY CLE /s/ T4m. E. Ryder /s/ Donal d A. Frolich City Clerk Mayor, City of Cupertino