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86-151 W.D.V. Properties, Ltd. - Improvement of frontage located on Stevens Creek Blvd. for commercial development Reso 6939AGREEMENT STEVENS CREEK BOULEVARD day of August , 19 86 , by and bet between the QTY OF QJFJkX11a10, a n mi.cipal corporation of the State of California, hereinafter designated as CTJY, and W.D.V. Properties, a California Limited Partnership WITNESSETH WHEREAS, the CEVE OPER has made application to the CITY for a A PARCEL MAP tO caistruct, and maintain a COMMERCIAL DEVELOPMENT hereinafter referred to as "Project." FkUMM, CITY hereby apprwes the iqn-avement plans and specifications prepared for the Project by KIRKEBY & ASSOCIATES a a true copy of which inprovement plans and specifications are on file in the office of the City Engineer of Oipertino; and SAS, the same are incorporated herein by refer+enoe, the same as thoLxgh set out in full; NOW, THEFaUUE, said iiqnvvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." 1 VHEREAS ► Pent to the provisions of this AGR1MMj ', the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: ��i�;l�l� � • :•;.I�� yea. � .0 �i��•_ u� Street improvement Category: I PART A. Faithful Performance Bond: $48,000.00 FORTY EIGHT THOUSAND AND N0/100 DOLLARS PART B. Labor and Material Bond: $48,000.00 FORTY EIGHT THOUSAND AND N0/100 DOLLARS PART C. Checking and Inspection Fee: $ 2,880.00 TWO THOUSAND EIGHT HUNDRED EIGHTY AND N0/100 DOLLARS PART D. Indirect City E)penses: $ 430.00 FOUR HUNDRED THIRTY AND N0/100 DOLLARS PARI' E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND N0/100 DOLLARS PART F. Storm Drainage Fee: PART G. Cine Year Power Cost: $ 126.00 ONE HUNDRED TWENTY SIX AND N0/100 DOLLARS PART H. Street Trees: By Developer PART I. Map Checking Fee: $ 210.00 TWO HUNDRED TEN AND N0/100 DOLLARS PART J. Park Fee: N/A PART K. Water Main Extension Deposit: N/A PART L. Maps and/or nq=ovement Plans: - Now, THERE' , IT IS HEREBY MLMMI,I,y 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 AGFdM4E ' 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 DEVELOPER shallde, at to the sole cost and required. clear title as herein the P ' 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 stns 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 owditi.on of this ACS, the CITY agrees to accept said real property offered for dedication. 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 AGREEMEND, 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 Works, California Department of of Public Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" 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 PERMTr It is further agreed that the EEvE OPER shall om ply 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 Linder the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the MVELOpER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. It is further agreed that the DEVELOPER, when requested by the C=, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water fran the underground strata lying beneath said project and LE=PER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. A. Upon the execution of this AGRED=, the MVEMPER shall file with the CITY a faithi'Ltl performance bond to assure his full and faithful performance of this ACFMFI . The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMERr, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improves are to be made under this AG MMiT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials board 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 fora 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 AGREMM, 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 bard, the DEVELppER may elect to secure this AGRED= by depositing with the CI'T'Y: 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 instrument 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 DE`V=PER 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 pis 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. It is further agreed that DE'v=PER shall pay any and all necessazy direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DOPER shall have deposited with CITY, prior to execution of this Ate, the anvxrt as set forth herein at Page 2 (Part C). Should construction 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. It is further agreed that EEVELOPER shall pay to CITY, prior to execution of this Ate, 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 ACS, for office checking of final map and field checking of street mamments, 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). 5 11 U#21 • ` 171 I• • I M •l�l`•� It is further agreed that the EE'VELOPER shall pay to the CITY, prior to execution of this AG2EE=I the amount set forth herein at Page 2 (Part E) as a develcpnent maintenance deposit to insure pt p dust control and cleaning during the constriction period. The devel sand maintenance deposit may be utilized for repairs of defects 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 • •�-� r.- • • ► d alp It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMERr, 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). Tire LOPER 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. Mis deposit shall be held by the CITY until said monies are needed to implement iniFnwements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. C I �g Jw!!,UM It is further agreed that the DOPER shall pay to CITY prior to execution of this AGE02MU, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. Itis farther agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. 14. 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. 6 ►• �N • •1'11 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 CI'T'Y, all defects and imperfections arising out of or due to faulty workwnship and/or materials appearing in said Work. 16. SANITARY DISZRICr It is further agreed that the DEVELOPER execution of this AGREEMENT, a letter E cffi the stating that the DEVELOPER has entered into a said District to install sanitary sewers to Project and stating that a bond to insure ful: the construction of the said sanitary sewers said sanitary sewer in conformance with the Paragraph 15 above has been filed. shall file with CITY, upon Cupertino Sanitary District separate AGREEMENT with the serve all lots within said . and faithful performance of and to insure maintenance of provisions as set forth in It is further agreed that EEVELOPER shall file with CITY, upon execution of this AGFM=, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining i ng to special assesstments or bawds, have been complied with. 18. 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 AG2MMU 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. PACIFIC GAS AND t'r EL=C/PACMC BELL It is further agreed that the MVELOPER shall pay to Pacific Gas and Electric Company and/or to PAC:CFIC DELL Cmpany 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 undergrOUnCling as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Co q=W and/or PACIFIC RFTT- Cca pany that said fees are due and payable. 7 20. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way completion of the �Y for cost and expense. Project shall be acquired by the DEVELOPER at his own Provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing risaid easement and ght-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 allmanee 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 1widental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 21. HOLD HAIMESS It is further agreed that, ecsamncing with the performance of the Work by the DEVELOPER or his contractor and continuing until the ccupletion of the maintenance of the Work, the DEVELOPER shall indenmify, hold harmless and defend the -CM1Y 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 =performance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent omitractors. 22. INSI PMM 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 mice 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 DEVaOPER. Both bodily injury and property damage insurance Waist 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. 8 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 AGRM2W 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 (13) prints of fully amcuted parcel map. B. A mylar sepia and ten (11) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed imprrovement plans and map. The DEVELOPER agrees to pay the CITY from 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 -a igrmient of this ACEI' shall not be made without approval by the City Council of the City of Cupertino. 9 IN wrn SS MMWF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Co moil and said MNMCPER has herainto caused his r>azne to be affixed the day and year first above written. Approved as to farm: City Att=ney GENERAL ACKNOWLEDGMENT State of Cali forni n SS. County of Santa Clara OFFICIAL SEA" JUANITA E TERRY NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY r. `�- My comm. expires APR 3, 1988 4, / lia)o Mdyor Y6"'_e41f0__ dity Clerk .I 21 e 24� W.D.V. Properties, a California Limited Partnership On this the 1 1 th day of Almost 19--8-6 before me, Juanita E. Terr the undersigned Notary Public, personally appeared idovich F)I personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i G subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. N otary'15-S i g n,af6 re NO. 201 7110 122 NATIONAL NOTARY ASSOCIATION - 23012 Ventura Blvd. - P.O. Box 4625 - Woodland Hills, CA 91364 RESOLUTION NO. 6939 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE LOCATED ON STEVENS CREEK BOULEVARD; DEVELOPER, WDV PROPERTIES; AUTHORIZING THE CITY ENGINEER TO SIGN THE FINAL PLAN; AND AUTHORIZING EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval of the final plan for the improvement of street frontage located on Stevens Creek Boulevard by WDV Properties; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, gutters and sidewalks, and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said plan, agreement and bonds having been approved by the City Attorney; NOW. THEREFORE, BE IT RESOLVED that said final plan for the improvement of street frontage on Stevens Creek Boulevard be and the same is, hereby, approved; and the City Engineer is hereby authorized to sign said final plan; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of August , 1986 by the following vote: RESOWTION 6939 Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None /s/ Barbara A. Rogers Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornleius City Clerk RESOLUTION NO. 6939 SC ED= OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Commercial WDV Properties LOCATION: Stevens Creek Boulevard A. Faithful Performance Bond: Forty-eight Thousand and no/100 Dollars B. Labor and Material Bond: Forty-eight Thousand and no/100 Dollars C. Checking and inspection Fee: TWO Thousand Eight Hundred Eighty and no/100 Dollars D. Indirect City Expenses: Four Hundred Thirty and no/100 Dollars E. Development Maintenance Deposit: One Thousand and no/100 Dollars F. Storm Drainage Fee: G. One Year Power Cost: One Hundred Twenty-six and no/100 Dollars H. Street Trees: I. Map Checking Fee: Two Hundred Ten and no/100 Dollars J. Park Fee: K. Water Main Extension Reimbursement $48,000.00 $48,000.00 $ 2,880.00 $ 430.00 $ 1,000.00 N/A $ 126.00 By Developer $ 210.00 N/A N/A