81-022 Werner and Gloria Item - Lot line adjustment and development of single family residence at El Cerrito Rd. and San Juan Rd. Reso 5545RE'Turrj e (-) 6- ry
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'C:UPERIINO, CA J�014 WITH 60V 0:OD1= 6103
airAGREE HENT F 914 1—JL24
This AGREEMENT made and entered into this 2nd day of
February , 1981 by and between the CITY OF CUPERTINO, a municipal
corporation of the State
of California, hereinafter
designated as
CITY, and
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ell
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hereinafter designated as Developer.
W I T N E S S E T H
WHEREAS, the Developer has made application to the CITY for a
Tot TJnP AJ471-otmPnt
and is securing a building permit from CITY to construct and maintain a
Single Family Development
hereinafter referred to as "Project."
0
Tv`HEREAS, the CITY hereby agrees to permit deferment of required development
improvements in accordance with the provisions of this AGREEEIENT, and
WHEREAS, the Developer hereby agrees to provide necessary improvement plans
and specifications at such time as they may be required by the City Engineer
or as provided herein, and
WHEREAS, the Developer further agrees to perform at his sole cost all the
work necessary to complete installation of those improvements which will be
required in accordance with those plans to be prepared, and
1=REAS, the Developer agrees to provide bonds, cash payments, or other
guarantees as outlined herein to assure compliance with conditions of development
approval, and
;,IHERE.yS, pursuant to the provisions of this AGREEIENT, the CITY herebv
establishes the amounts of Bond, Fees, and Deposit as set forth in the following
schedulez
OF 30LiD , .:='j , Am)Dz7^ST 'S F 91
?ART F ai zhl ul a 3
�l A. Perrormanc oad:
P.RT 3. Labor and `Sa.tari.al Bond:
PART C. Chackiag and Insaect:ca Fee:
Deferred
$ Deferred
Pa3T D. Indirect Cit? EXP enses : $ Deferred
PA_�T Z. Development Ma4ntsnance Derosit:
P_RT F. Storm Drainage Fee:
Four Hundred Thirty Eight and no/100 Dollars
Pd= G. Coe Year Power Cost:
$ Deferred
$ Deferred
PAST H. T_ _s Fees: $ Deferred
PAST L. wap Checking Fee: c Deferred
P3PT J. Para Fee: $ N/A
PANT K. 'Water M- a -±'n Extension Deposit $ F.] f Prri to Rnn 1 llPfPrred
One Thousand Forty Eight and
no/100 Dollars San Juan Road $1,048.00
Now, 117-== ='CRS', IT IS-�,""'? `-IITUsT.I.T AGR.:= bF a=d berween the pa:es oe_ato
as L c flows , TO-w'IT
1. I=TGiT'_ON
(a) T:ze Developer off'- ars C.7 dedicate the i3a? proper-....
7 silOwn CII
which is attached he_acc and aade a -pa=_ heraca . Sy �es2r2�c8. Sa_:
F 914 ', 126
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 by a title insurance company
relating to the property offered for dedication; said Preliminary Title
Report shall be furnished prior to dedication ;
(2) A standard policy of title insurance issued by a title insurance
company and insuring the CITY in the sum of $ N/A , and
which shall show said property free and clear of all liens or encumbrances
except those as the CITY shall expressly waive in writing; said policy
shall be furnished at the time of acceptance of dedication and recordation
of deed.
(c) Upon the condition precedent that the Developer shall perform each
and every covenant and condition of this AGREDIENT, 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 AGRMENT, 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 t:ze Developer or the
Developer's surety or both.
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(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.
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4. QUITCLALI DEED
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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.
5. BONDS AND OTHER SECURITY
(a) Upon the execution of this AGRELIENT, the Developer shall file with
the CITY a faithful performance bond to assure his full and faithful performance
of this AGRELMENT. The penal sum of said faithful performance bond shall be the
full cost of any payment to be made under this AGRELMNT, the value of any land
agreed to be dedicated, and any improvements to be made under this AGREEMENT. In
the event that improvements are to be made under this AGREE4ENT, 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 AGREEIENT, or to make any payment, or any dedica-
tion of land, or any improvements herein required, the CIT`i shall call on the
surety to perform this AGREE`IENT 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
AGREEMENT by depositing with the CITY:
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(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. 1MAP FILING FEE
It is further agreed that the Developer shall deposit with CITY, prior
to execution of this AGREEZMENT, for office checking of final map and field checking
F 914 130
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
(Part I) .
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the Developer shall pay to the CITY,
prior to execution of this AGREEMENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust control
and cleaning during the construction period. The development maintenance
deposit may be utilized for repairs of defects and imperfections arising out
of or due to faulty workmanship and/or materials appearing in said work
during the period until release of the improvement bonds by the CITY. Should
the Developer complete the required repairs to the entire satisfaction of
the CITY, the unused balance will be returned after the release of the
improvement bonds.
9.A. STORM DRAINAGE FEE
It is further agreed that the Developer shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge in
connection with said project in accordance with the requirements established
in Resolution 4422, March 21, 1977 in the amount as set forth herein at Page 2,
(Part F) .
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 ',',faster Plan.
The amount shown herein at Park K, Page 2, shall be the full amount due.
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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.
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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.
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F 914 133
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. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acquired by the Developer at his own cost and
expense. It is provided, however, that in the event eminent domain proceedings
are required by the CITY for the purpose of securing said easement and right-of-way,
that the Developer shall deposit with CITY a sum covering the reasonable market
value of the land proposed to be taken and to be included in said sum shall be a
reasonable allowance for severance damages, if any. It is further provided that
in addition thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the CITY may
require shall be deposited with CITY.
20. HOLD HARMLESS
It is further agreed that, commencing with the performance of the Work
by the Developer or his contractor and continuing until the completion of the
maintenance of the Work, the Developer shall indemnify, hold harmless and defend
the CITY from and 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-
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F 914 ? 134
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
any contractor engaged to perform the Work to take out, and maintain at all times
during the performance and maintenance of the Work called for or required to be
done hereunder, a policy of insurance naming the CITY and members of the City
Council of the City of Cupertino, individually and collectively, and the officers,
agents, and employees of the CITY individually and collectively, as insured. Said
separate policy shall provide bodily injury and property damage coverage to the
foregoing named CITY and individuals covering all the Work performed by, for, or
on behalf of said Developer. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide that the
coverage afforded thereby shall be primary coverage to the full limit of liability
stated in the declarations, and if the CITY, its members of the City Council,
individually and collectively, and the officers, agents, and employees of the CITY,
individually and collectively, have other insurance against the loss covered by
said policy or policies, that other insurance shall be excess insurance only.
(a) Each of said policies of insurance shall provide coverage in the
following minimum amounts for bodily injury, $100,000 each person; $300,000 each
occurrence; property damage, $50,000 on account of any one occurrence with an
aggregate limit of not less than $200,000.
(b) The Developer shall file with the City Engineer at or prior to the
time of execution of this AGREEMENT by the Developer such evidence of said foregoing
policy or policies of insurance as shall be satisfactory to said City Engineer.
Each such policy or policies shall bear an endorsement Drecluding 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
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F 91-4 13�
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:
1. Asphalt Concrete street areas
Concrete Curb and Gutter
Water Mains
Storm Drains, Retaining Walls and HArthwork as required
Appurtenances as required by the Director of Public Works
Until such notification is made by CI'T'Y, or such time has elapsed,
Sections numbered 2 - 21, excepting part 9 et al _ I
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.
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23, SUCCiSJORS - RLJ-:
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
F 914
On �� fir 19 jFe, before me, the undersigned, a
Notary Public in and for said State, personally appeared
�vx_� Lz:�.� = i e° 3L� ,
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
PHYLLIS J. BAKER
NOTARY PUBLIC - CALIFORNIA
Santa Clara County
My Commission Expires Nov. 24, I7BI---------------------------------------
Not Publi in and for the County.
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) 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 WHEREOF, 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.
Notary Public in and for the County
of Santa Clara, State of California
a
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F 914 It23
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.Orif�!'r;rJRC�S..
RESOLUTION NO. 5545 Sean- A_Gs•• NA 0() N y"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING LOT LINE ADJUSTMENT AND THE DEFERRED IMPROVE-
MENT OF PROPERTY LOCATED ALONG EL CERRITO ROAD AND SAN F 914 123
JUAN ROAD BY WERNER ITEM AND GLORIA ITEM AND AUTHORIZING
EXECUTION OF AGREEMENT IN CONNECTION THERWITH
4,THEREAS, there has been submitted for approval a lot line adjustment
of property located along El Cerrito Road and San Juan Road by Werner Item
and Gloria Item; and
WHEREAS, in accordance with Section 66412(d) of the subdivision Map Act
this adjustment may be made without filing a parcel map; and
WHEREAS, there.has been presented to the City Council a proposed agree-
ment containing provisions for the improvement of said property on a deferred
basis, and said agreement having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The aforementioned lot line adjustment is hereby approved and
exempts it from the requirements of the parcel map.
2. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
3. The deferred agreement shall be recorded with the County Recorder.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 2nd .= day of February , 1981 by the following vote:
Vote Members of the City Council "
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None TH19 IS 'F*a,t.,ERT;FY THA-,
ABSENT: None1N8TRIJI"'F_ '-t-IS ATrUE ANID C�, dEG : •Clay
IAF` THE OR
-$Ie NAL CIN FILE: FNS VNis OFrIC'E.
ABSTAIN: None p/
ATTEs
CITY_ r_LERiC HE CITY 0f= C.UPLrRTIN[7
ATTEST: APPROVED:
B
Crr iK --
/s/ Dorothy Cornelius /sl Barbara A. Rogers
City Clerk Mayor, City of Cupertino
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