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86-139-6 James H. Sisk Development of Mira Vista Ave single family residence Reso 7873AGREEMENT MIRA VISTA AVE. APN #357-04-26,27 This AC�tE�Et Tr made and entered intot this (I day of , 19 0 /� , by and between the CITY OF CUPEF7I'INO, a municipal corporation of the State of California, hereinafter designated as CITY, and JAMES H. SISK hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a BUILDING PERMIT to construct and maintain a SINGLE FAMILY DWELLING hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by KIRKEBY & ASSOCIATES a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." 1 WHEREAS, pursuant to the provisions of this AGRZH2,=, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: 121&A1* R am Street Improvement Category: PART A. Faithful Performance Bond: FORTY ONE THOUSAND TWO HUNDRED DOLLARS AND NO/100 PART B. Labor and Material Bond: FORTY ONE THOUSAND TWO HUNDRED DOLLARS AND NO/100 PART C. Checking and Inspection Fee: TWO THOUSAND SIXTY DOLLARS AND NO/100 PART D. Indirect City Expenses: THREE HUNDRED NINE DOLLARS AND NO/100 PART E. Development Maintenance Deposit: FIVE HUNDRED DOLLARS AND NO/100 PART F. Storm Drainage Fee: ONE THOUSAND FIFTY SEVEN DOLLARS AND N0/100 PART G. One Year Power Cost: PART H. Street Trees: By Developer PART I. Map Checking Fee: PART J. Park Fee: PART K. Water Main ZCM=i=X itz REIMBURSEMENT FIVE THOUSAND SIX HUNDRED TWENTY'FIVErDOLLARS AND N0/100 PART L. Maps and,/or Improverent Plans: AS SPECIFIED IN ITEM 23 PART M. CREDIT FOR INSTALLATION & OVERSIZING OF STORM SYSTEM 2 $41,200.00 $41,200.00 $ 2,060.00 $ 309.00 $ 500.00 $ 1,057.00 N/A N/A N/A $ 5,625.00 ($2,433.00) NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGTZPEMM 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 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. (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENr, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. 3 C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words 11State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and,/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PER= It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the 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 counence. It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. f. : • �. � • i 1.91' .9• ' A. Upon the execution of this Ate, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this ALIT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREE=, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. 4 B. In lieu of a"surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instnmbent of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6. CHECKING AND INSPEC'T'ION 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 AGI', the amount as set forth herein at Page 2 (Part C). Should construction cost vary materially from the estimate from which said stun is calculated, the City Engineer sha11 notify DEVELOPER of any additional sum due and owing as a result thereof. It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEI M, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I) . r It is further agreed that the DEVELOPER sha11 pay to the CITY, prior to execution of this ACRE�]UM, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure control aryl cls dura the oar�tructian proper dust maintenance de y period. The development posit ma be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials apl�ear'ir� in said work during the period until release of the bonds by the CITY. Should the DEvETJ>PER complete the improvement entire satisfaction of the CITY, the unusedbal repairs to after the release of the ar�ce will bo returned improvement bonds. 10. STOR4 DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY prior to execution of this AGR 21UXr, a storm drainage e in connection with said Project in accordance with the ts established in Resolution 4422, March 21 1977 in the ��►� herein at Page 2 (Part F) . ' ' a►t as set forth 10.A CREDIT FOR INSTALLATION & OVERSI7.INC OF STORM SYSTEM "B" The amount shown on Page 2A, Part M., herein is that certain amount due the developer for the installation of onsite & offisite master storm lines. Said credit for installation & oversizing is due the developer upon acceptance of the work, and after• certification of the quantities of work by the enl;ineer of work. The final amount paid shall be the product of the quantities of work times the difference in unit reimbursement prices established by the adopted Master Storm Drain Report. 11. RUM MAIN .IDaniSICH DEPOSIT The DEVELOPER further agrees to deposit with the Cny those monies required to comply with "Policy on Water Main Extensions Deposits" dated 9/30/77. The deposit shall be held Work and monies are needed to inplerr►ent impr®vpnenta outlined the CITY unti] said Public Works or improvements outlined withino the by the Director of Plan.adopted Water Master due. The amount shown herein at Part K, Page 2, shall be the full amount It is further agreed that i�the'LAPER shall pay to qty execution of this AGtL�lr, the amount as sat forth herein a prior pae r� art G) , which amount represents tha power coat for street lights for one Year. 13. THE nZ-aLLMON OF STREET TREES It is further agreed that the DEVEr.OPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in h ti the standards of the City of Cupertino. Variety oP tree shall rm with from the City approved list. selected 14. PARK FEES It is dedicate such l furtherr agreedto the that the DEVELOPER shall pay such fees or CMy' prior to execution, as is required within "Park Dedication Ordinance" stipulated -►der Part J Number 602, 1972, and which is ft►x-tlier , Page 2 herein, 6 14-A. P? LK FEE ALULTST`_= PROVISICNS The value of the land used in establishing the "Park Fee" cutiined herein on Page 2, Part J, requires formal confirmation. The CITY shall employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" based on the appraisal. The Developer agrees to pay for any deficiency`wi.thin thirty. (30) days and the City agrees to reftr d overage within thirty (3 0) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 15. 2^.AMrI'_1ANCE OF AX It iS further agreed that the DEVELOPME R shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City scan arils and specifications for the Work. The DEVELOPER shall, upon Written notice thereof, immediately repair or replace, without C--,St-or obligation to the. City of Cupertino, and to the entire satisfaction of said cIT'Y, all defects and i�erfecticns arising out of or due to faulty _st wcr.IcT iip and/or materials appearing in said Work. 16. SANT= DISTRICT It is further agreed that the DEUE F R execution of this AGREv TI', a letter from tri statirg that the DEVELOPER has entered into said Dis-'t.ri ct to install sanitary szwers to Project and stating that a bond to insure ful: the construction of the said sanitary sewers said sanitary suer in conformance with, the Paragraph 15 above has been filed. 17. CODE shall file with CITY, upon Cupertino Sanitary District sznarate AC��M With the serve all lots within said . and faithful performance of and to insure mainterance of provisions as set forth in It is further agreed that DEVELOPER shall file with CITY, upon execution of this AC�LENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Gove==ent Code, pertaining to special assessments or bonds, have been complied with. 18. SAL FIRE DISiRICr It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this ASI', a letter frcm the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGS' 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. 19. PA=C CAS AND =CIRTC/PA=C =1 It is further agreed that the DEVELOPER R shall pay to Pacific Gas arra Electric Cc=any and/or to PACIFIC FELL Company any and all fees required for installation of overhead and/or underground Wirings circuits to all electroliers Within said property and any and all fees required for undercitaunding as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the city Engineer or the Pacific Gas and Electric Company arid/or PACIFIC HET Company that said fees are due arra payable. 7 20. EASII= AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 21. HOLD HAR!=S It is further agreed that, ccm me=ing 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 performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 22. 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 behalf of said DEVELOPER. Both bodilyin and by, for, ra on injury PAY 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. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. 9 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 AGFdM4R?i' by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co -name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and seven (7) prints of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY frcm the development maintenance deposit the cost for all prints of plans and map required under Item 23. This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. 9 IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council arra said EEVELOPER has hereunto caused his name to be affixed the day and year first above written. Approved as to form: i Attorney 400mceft2i- state of CALIFORNIA On this Ilse 9TH day of _. JUNE _____._ 19 89, be[oir, me. County of the undersigned Notary Public, personally appeared JAMES H. SISK — a� $�d1'�1&1k1�Dr; porsonaily known to me F_ E OPPICIAL SES [_] proved to me on the basis of satisfactory evidence HELEN K. YATES HF subscribed to the a NOTARY PUBLIC -CALIFORNIA to be tho person(s) whose name(s) •� c at executed it. SANTA CLARA COUNTY wlthln Instrument, and acknowledged that �H _ d v�� My Commission Expires May 10, 1991 WITNESS n y hand and official seal. C 6���7GChG�UG�UC4%4X�G:C�G•C9CL�G:C�ir�` �iC �% G��s�', Notary's Signature 11nr. nr•,H r I('Wt F TIG, AEll r rr11 U./ 1110057 RESOLUTION NO. 7873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AMT gE7yEN THE CITY AND DEVELOPER JAMES H. SISK, LOCATED ON MIRA VISTA AVENUE A.P.N. 357-04-26, 27 WHE EAS, there has been presented to the City Council a proposed improvement alt between the City of Cupertino and James H. Sisk for the installation of certain municipal improvements on Mira Vista Avenue and said agreement having been approved by the City Attorney, and Developer having paid the the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to sign the aformentioned agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _5th day of July , 1989, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Koppel, Rogers, Plungy NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius City Clerk /s/ John J. Plungy, Jr. Mayor, City of Cupertino