81-011 Jeffrey Pantelis - development of single famiy residence• �'] 0'V 4:-0f S�� ... ..
/ 6,574182
C� 7�lt M'ir® CITYE�h
VVI r 14 CZ- C _ .. C I
®t=Cg3:...,', AGREE:4ENT
100-00 T�.��., r _ _ _ _ _ _ _ _
This AGREalENT made and entered into this 3rd day of
October 1980 by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter designated as CITY, and
Jeffrey J. Pantelis ,
hereinafter designated as Developer..
W I T N E S S E T H
IN*HEREAS, the Developer has made application to the CITY for a
Building Permit
and is securing a building permit from CITY to construct and maintain a
Single Family Structure
hereinafter referred to as "Project."
the CITY hereby agrees to permit deferment of required development
improvements and allow the development in the County of Santa Santa Clara in
accordance with the provisions of this AGREEMENT, and
WHERE?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
WHEREAS, the Developer further agrees to perform at his sole cost all the
wort_ necessary to complete installation of those improvements which will be
required in accordance with those plans to be prepared, and
WHEREAS, the Developer agrees to provide bonds, cash payments, or other
guarantees as outlined herein to assure compliance with conditions of development
approval, and
WHE'.=S, pursuant to the provisions of this ACRE LME'NT, the CITY hereby
establishes the amounts of Bond, Fees, and Deposit as set forth in the following
schedules
-C S:[
F
Perieraanc_ Bond: $ Deferred
?3T B. Labor and `iatarial 3ond : $ Deferred
P -AR C. Cheung and I: saec__ca Fee:
$ Deferred ,
PP3T D. Indi+-2ct Cit? Expenses: $ Deferred
PZ: I. Development:���t= :ante Deposit : $ Deferred
PA=
_ .
Stcr= Dra=ease Fee:
S
296.00
Two Hundred Ninety -Six and no/100 Dollars
Pam
C,
One Year Power Cost:
$
Deferred
PS .=
...
T_ ae Fees:
$
Deferred
PA3T
I.
Map Checking Fee:
S
Deferred
TART
J•
Par'_. Fee:
$
Deferred
PA -IT
K.
'dater Main Extensyon Deposit
$
800.00
Eight Hundred and no/100 Dollars
17O;,
_ I=ORr, IT IS ==Z' `"_U7JdL:'J AG
b-7 =.:.d
be=Neen the az-=as =e=att
(a) The Develcper o==ars to dediCate the ran" -r::: a= -r7 snew-a ca
Z= =-';_ "I", +rich is attach.ed he:acc and made a pa_= 'aare-:L by reference ,C,a_C�.
F 667 P!,-.-224
dedicated property shall be free and clear of all liens or encumbrances except
those which the CITY shall expressly waive in writing. The Developer agrees not
to revoke said offer of dedication, and to keep said offer open until the CITY
accepts said offer by resolution.
(b) Upon execution of this AGREEMENT the Developer agrees to deliver
a properly executed grant deed to the CITY of the real property described in
Exhibit "A", and such other executed conveyances, or instruments necessary to
convey clear title as herein required. The Developer shall provide, at the
Developer's sole cost and expense, to the CITY:
(1) A preliminary title report issued a title insurance company
relating to the property offered for de ation; said Preliminary Title
Report shall be furnished ;
(2) A standardpolicy o title insurance issued by a title insurance
company and insuring the in the sum of $ and
which shall show said operty free and clear of all liens or encumbrances
except those as the TY shall expressly waive in writing; said policy
shall be furnishe at the time of acceptance of dedication and recordation
of deed.
(c) Upon e condition precedent that the Developer shall perform each
and every covenant and condition of this AGREEMENT, the CITY agrees to accept said
real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
(a) The Developer shall install and complete the Work within one (1)
year from the date of execution of this AGREEMENT, or such longer period as may
be specifically authorized in writing by the City Engineer. In the event the
Developer fails or refuses to complete the Work within the specified period of
time, the CITY, at its sole option, shall be authorized to complete the Work in
whatever manner the CITY shall decide. In the event the CITY completes the Work,
the CITY may recover any and all costs incurred thereby from the Developer or the
Developer's surety or both.
-3-
F 667
(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 referring to the City of Cupertino;
also wherever the "Director" or "Director of Public Works" is mentioned, it shall
be considered as referring to the City Engineer.
In case of conflict between the State Specifications and the specifications
of the City 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.
3. 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.
-4-
4. OUITCLALM DEED
F 667 226
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
CIT`.', when presented to him for signature.
5. BONIDS AND OTHER SECURITY
(a) Upon the execution of this AGREEMENT, the Developer shall file with
the CITY a faithful performance bond to assure his full and faithful performance
of this AGREE_`SENT. The penal sum of said faithful performance bond shall be the
full cost of any payment to be made under this AGREE4ENT, the value of any land
agreed to be dedicated, and any improvements to be made under this AGRELIENT. In
the event that improvements are to be made under this AGREE24ENT, the Developer
shall, in addition to said faithful performance, file with the CITY a labor and
materials bond in a penal sum adequate to assure full payment of all labor and
materials required to construct said improvements. The amount of said bonds shall
be as designated by the City Engineer. Said bonds shall be executed by a surety
company authorized to transact a surety business in the State of California and
must be approved by the City Attorney as to form and by the City Engineer as to
sufficiency. In the event that the Developer shall fail faithfully to perform the
covenants and conditions of this AGREF24EXT, or to make any payment, or any dedica-
tion of land, or any improvements herein required, the CITY shall call on the
surety to perform this AGREE°1ENT or otherwise indemnify the CITY for the Developer's
failure to do so.
(b) In lieu of a surety bond, the Developer may elect to secure this
AGREEXENT by depositing with the CITY:
-5-
F 667 P!,:-1-227
(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 AGREEMENT, 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.
6. CHECKING AND INSPECTION FEE
It is further agreed that Developer shall pay any and all necessary direct
expenses for inspection, checking, etc., incurred by CITY in connection with said
Project, and that Developer shall have deposited with CITY, prior to execution
of this AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should 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.
7. INDIRECT EXPENSES
It is further agreed that Developer shall pay to CITY, prior to execution
of this AGREEMENT, indirect expense allocable to processing these improvements,
the amount as set forth herein at Page 2 (Part D).
7A. MAP FILING FEE
It is further agreed that the Developer shall deposit with CITY, prior
to execution of this AGREEMENT, for office checking of final map and field checking
of street monuments, in compliance with Section 4:1 of Ordinance No. 47
(Revised 12/4/61) of CITY, the amount as set forth herein at Page 2
(?art I) .
F G G 7 c28
8. DEVELOPMEN"i MAINTENANCE DEPOSIT
It is further agreed that the Developer shall pay to the CITY,
prior to execution of this AGREEMENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust control
and cleaning during the construction period. The development maintenance
deposit may be utilized for repairs of defects and imperfections arising out
of or due to faulty workmanship and/or materials appearing in said work
during the period until release of the improvement bonds by the CITY. Should
the Developer complete the required repairs to the entire satisfaction of
the CITY, the unused balance will be returned after the release of the
improvement bonds.
9.A.STORM DRAINAGE FEE
It is further agreed that the Developer shall deposit with the
CITY, prior to execution of this AGREEME:NT, 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) .
9.B. WATER MAIN EXTENSION DEPOSIT
The Developer further agrees to deposit with the City those monies
required to comply with "Policy on Water Main Extensions Work and Deposits"
dated 9/30/77. The deposit shall be held by the City until said monies are
needed to implement improvements outlined by the Director of Public Works or
improvements outlined within an adopted Water Master Plan.
The amount shown herein at Park K, Page 2, shall be the full amount due.
- 7 -
10. ONE YEAR POWER COST
It is further agreed that the.Developer shall pay to CITY prior
to execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part G), which amount represents the power cost for street lights for one
year.
11. FEES FOR THE INSTALLATION 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 AGREEMENT, 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 $15.00 per tree.
12. PARK FEES
It is further agreed that the Developer shall pay such fees and/
or dedicate such land to.the City, prior to execution, as is required within
"Park Dedication Ordinance" Number 602, 1972 and which -is further stipulated
under Part J., Page 2 herein.
13. MAINTENANCE OF 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. The Developer shall,
upon written notice thereof, immediately repair or replace, without cost
or obligation to the City of Cupertino, and to the entire satisfaction of
said CITY, all defects and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said Work.
- 8 -
e
F 067 P!: -.,Z30
14. SANITARY DISTRICT
It is further agreed that the Developer shall file with CITY,
upon execution of this agreement, a letter from the Cupertino Sanitary
District stating that the Developer has entered into a separate AGREEMENT
with the said District to install sanitary sewers to serve all lots within
said Project and stating that a bond to insure full and faithful performance
of the constructions of the said sanitary sewers and to insure maintenance
of said sanitary sewer in conformance with the provisions as set forth in
Paragraph 13 above has been filed.
15. GOVERNMENT CODE
It is further agreed that Developer shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assessments or bonds, have been complied with..
16. CENTRAL FIRE DISTRICT
It is further agreed that the Developer shall file with the
CITY, upon execution of this AGREEMENT, a letter from the Central Fire
Protection District of Santa Clara County, stating that the Developer
has entered into an AGREEMENT with said District to install fire hydrants
to serve said Project and stating that all necessary fees have been deposited
with said District to insure installation and five (5) year rental fee of
said hydrants.
17. STREET LIGHTING
It is further agreed that the Developer shall apply for the installation
of electric power for street lighting at the earliest date possible.
18. 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.
19. EASE1,3ENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acquired by the Developer at his own cost and
expense. It is provided, however, that in the event eminent domain proceedings
are required by the CITY for the purpose of securing said easement and right-of-way,
that the Developer shall deposit with CITY a sum covering the reasonable market
value of the land proposed to be taken and to be included in said sum shall be a
reasonable allowance for severance damages, if any. It is further provided that
in addition thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the CITY may
require shall be deposited with CITY.
20. HOLD HARHLESS
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-
- 10 -
F 667
mance or nonperformance of the Work or the negligence or willful misconduct of
the Developer or the Developer's agents, employees and independent contractors.
21. INSURANCE
It is further agreed that: The Developer shall take out, or shall require
anv contractor engaged to perform the Mork to take out, and maintain at all times
during the performance and maintenance of the Work called for or required to be
done hereunder, a policy of insurance naming the CITY and members of the City
Council of the City of Cupertino, individually and collectively, and the officers,
agents, and employees of the CITY individually and collectively, as insured. Said
separate policy shall provide bodily injury and property damage coverage to the
foregoing named CITY and individuals covering all the Work performed by, for, or
on behalf of said Developer. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide that the
coverage afforded thereby shall be primary coverage to the full limit of liability
stated in the declarations, and if the CITY, its members of the City Council,
individually and collectively, and the officers, agents, and employees of the CITY,
individually and collectively, have other insurance against the loss covered by
said policy or policies, that other insurance shall be excess insurance only.
(a) Each of said policies of insurance shall provide coverage in the
following minimum amounts for bodily injury, $100,000 each person; $300,000 each
occurrence; property damage, $50,000 on account of any one occurrence with an
a-7greaate li.;it of not less than $200,000.
(b) The Developer shall file with the City Engineer at or prior to the
time of execution of this AGREE21ENT 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=
F 667—ya
tuated in or affect the area of jurisdiction of a separate municipality or
political subdivision of the State of California, the policies of insurance required
herein and above shall co -name such municipality or political subdivision and the
provision set forth herein and above for the protection of the City of Cupertino
shall equally apply to municipality and political subdivision.
22. SUCCESSORS
This AGREELIENT shall bind the heirs, administrators, executors, successors,
assigns and transferees of Developer. The assignment of this AGREL"HENT shall not be
made without approval by the City Council of CITY.
IN :JITNESS ITHEREOF, said 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.
23. ANNEXATION
The Developer further agrees to annex to the City if and when the City
requests the annexation. The Developer further agrees to not oppose the island
annexation now undertaken by the City.
CITY CUPEP.
BY
TO 443 C
11
(Witness)
t; G67 atr,` �v4
I' �t�' d
STATE OF CALIFORNIA l SS.
1
COUNTY OFI 1
�E19�P 1- iTe h7 �eZ / r1 �0 efo me,
the undersigned, a Notary Public in and for
O n
said State, personally appeared /' V G P W4i , personally known to me to be the person
Instrument, a Witness thereto, who being by me duly sworn, deposes
whose name is subscribed to the within as
I and says:
1
mH ✓Z That resides in �� h r
, and tha l present and saw
w E r , personally
� � "was
known to be the same
X
J person —described in and whose name /S subscribed
g; Instrument as�i9bL9b`C9�L9�L9�c��C9�9i c�tL9GX9
I- to the within and annexed
m part ^ thereto, execute and deliver the same, and
OFFICIAL SEAL
=,
_ to said affiant that
heacknowledged
t l i v�I�iA
��
the same; and that said affiant subscribed_
;fit 5� ,i it. , CUj�"i i Y
c
executed
name thereto as a itness.
Nry Commission tx,.-�ir�s Feb. i%, 1984
�
1 �/'-
WITNESS m an and o ci seal. GL`)GL9G:CiGv�iC\JGC
Signature
Name (Typed or Printed)
(This area for official notarial seal)
TIOly
F 66'7 =e. 235
h�E/C�HT�
MOI)IT17 1116 T17
EXHIBIT A
1 G� r ��f /•y /of
rye «,1o�I�s »
y .a /••..a nt. • $0 9 Y
t v 0 c
`Z/6 a/� r/e Z/f �!r' S tr , • -94
/6
• ` �y ; T Qi t:1� GA 1 r,11 / ` • 75 Q `-tS -� 7
/� I/ lv `122 11/ Zio 4 �v R? 93 79 •
y eti r ! (r K Y ? _.
o r Il �� r•IF�t °��' Z -- 7r :s' 44 t PD ; i` 9
o t. ao
7
� Y � , • �
Q \/9a f 200 0 202 Q�� fieri iii a 92 40
Vj i> • rj
�� •
/is ` "
'00,L DE u : /ol o Y 14 l �r� i f,
r�rrP"' Njd >r �is7! /a �d �� ,c
• � 10 1 4 � �t � a � r � 4
67
A' . 1/6 -
'Igo i 112.. 7. : e9 83 3S 11 �3 J
,•{, -Z r97 _ 3 : XJF ti 14
.31
hq-�teZZ
�,-� -1L _. t n 2 \ V Jr•
Ole
ZX
15 :117 - O
1 ti •�
4Q1- •'� 111 y Id. • o tib IAB '`�.
"~ /I�na `-Aa
it
e �rroarJ adiyr� e.rrrewl` KOr•c-6`7 7*/Od'
a_ I
A %oa *Mrfi y � � I � ' 14 /.f'� /f � � Ai7rw►f.oa
Arr•e, �A, �d'iv.oe 9►'.ryy�u�...� O 1� �`y•yis, v�LL /�.+ �. _.�.��.«M..•�� et+Sr er
IN .1Nr,�ba�K' Jam+' �✓ ro �Sic��% 7�/ �a//.c ua� � � '� Y sre ei//tJ
�� • � . ��.J► 1�JGJiiG%sif
/�' vim✓ �/4/�
opk Hsi/ lir .�
/.���G �� •.moo t jv,rG7f�►r�
by
• . r 1
`
r
• 1
n"Aq�llds
j
/J�
�
.n /IiJ �in✓.n
�
z
L
�
�•c.�Alt
i
i�Gu>'ed larrea
we
-SPC 61,Aj /O j
.Ah.irX lien/n'/�✓
ltJS7�/fJ�OM�ICf ►�"i
s;.,' W, ceryf�l
r,*1,c, v l»wdr fii,►i swvvys o n fife •un/� �♦
-�-= , F 66`7
1.-:.2366 6131843
�ORDING REQUESTED BY
title Insurance and Tru!;rtr 11 -11 ? ;rl75,
D °940?rl 41
3J 401410
AND MN[N R[CORD[D NAfI YO
R�c,)r0ed at the request of
Title Insurance and Trust Company
rJeff�yei J. Pantelis ' i �.�
'SEP 111978 8:00
P 0 Box 1321
A.M.
Campbell, CA 95008 b
George A. Mann, Recorder -
Sania Clara County, Official Records
L J
"it TA[ RATIMOM TO
D 94 ?10 411e 'r: . - _•i r:K
F
SAME AS ABOVE
L A
,I
SPACE ABOVE THIS LINE FOR RECORDER'S USES++
Individual Grant Deed
= '
Yo fsaa CA (12 -741 THIS FORM FURNISHED BY TICOR TITLE INSURERS
A F. N
The undersigned grantor(s) declare(s):
Documentary transfer tax is 5 79.75
( computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of
and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JAMES LAWRENCE BAZDARICH and BEVERLEY J. BAZDARICH,
his wife
and HOPE H. HILL, an unmarried woman
hereby GRANT(S) to
JEFFREY J. PANTELIS, an unmarried man
the following described real property in the
County of Santa Clara State of California:
ALL OF 13 as shown upon'certain Trap entitled, „Map of Inspiration
Height e to Vista" which Map was filed for record in the office of th
Recorder of the County of -Santa Clara, State of California, on Apfil 11
+4&-? in Book P of Maps at page 13.
1917
Dated
September 6, 1978
STATE OF CALIFORNIA }SS.
COUNTY OF Santa Clara )JJJ
On Sep bHfiie me, the under-
signed, a Notary Public in and for said State, personally appeared
James.Lawrence-Enzdarich 0111d..
Beverley .T_ Ra7dar;ch and
Hope H. Hill
known to me
to be the person-5—whose name% arP subscribed to the within
instrument and acknowledged thatt_ -hey executed the some.
WITNESS my hand and official seal.
I
Signat
IljL
me$ awrence a ar tt '
•
rich
i ■[ ■
Title Order No. Escrow or Loan
�nlmnnn►nnnrrmmnnmm�n►mnunnmm�nmlmrm
LAURA M. RICKARD
@MY
NOTARY PUBLIC-CALIFORNIASANTA CLARA COUNTY eommbaion expires Jlme 10, loot �t •. ;,
nmulnnrl;lumnninum►ntmumnmmm ;
r
1111Ie ams for official notarial wall