HomeMy WebLinkAbout92-021 Charson Development, Inc. 92-021 CHARSON DEVELOPMENT, INC .
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Citt4 of Cuperti 9go
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10300 Torre Avenue
Cupe(I no,CA 95014-3 2 5 5
Telephone: (4081 252-4505
FAX: r408)252-0753
DWARTMENT OF THE CITY CLERK
November 9, 1992
Charson Development, Inc.
21640 Rainbow Court
Cupertino, CA 95014
IMPRC1VEMENr ACRUNDWW
We are enclosing to your for your files one (1) copy of the enclosed
agreement by and bebeeen the City of Cupertino and Charson
Developnent, Inc., which has been =ecuted by City Officials, along
with one (1) eoppy of Resolution No. 8772, which was enacted by the
City Council of the City of Cupertino, at their regular neeeting of
Mnday, November 2, 1992.
Si/noerrely, X
CITY CLERK
CITY OF CUPMIND
DC/so
encl.
cc. Departrwnt of Public Vbrks
j
RESOLUTION NO. 8772
A RESOLUTICN OF THE CITY MJNCIL OF THE CITY OF COPERTIND
APPNNING THE FINAL MAP AND IMPFdTMENT PLANS OF TRACT
NO. 8352 LOCATED C N C HARSAN LANE; DEVELOPER, C HARSAN
DEVELOPMENT, INC.; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING
SIGNING OF FINAL MAP AND IMPROVEWNT PLANS; AUTHORIZING THE
EXECUTION Of AGREEMENT IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval and
for authorization to record final map of Tract No. 83352 located on
Charsan lme/Rainbow Drive showing certain avenues, drives, places, and
roads by Charsan Development, Inc.; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, 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 a exit; and said
map, agreement, and bonds having been approved by the City Attorney;
NOW, THEREK)RE, BE IT RESOLVED THAT
a. Said final map and improvement plans of Tract 8352, be and the
same are hereby approved.
b. The offer of dedication for roadway and -for .3asements is hereby
accepted.
c. The City Engineer and the City Clerk are hereby authorized to
sign said final map.
d. The City Engineer is hereby authorized to sign the improvement
plans.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED ARID ADOPTED at a regular meeting of the City Council of the
City of Cupettino this 19 t h day cf —October , 1992, by the
following vote:
RESO=CN NO. 8772
ram:
Vote ors of the City Council
AYES: Dean, Goldman, Sorensen.
ALOES: None
ABSEVr: Koppel, Szabo
ABSTAIN: None
ATTEST:
/s/ .auralee Sorensen
Mayor, City of CLpertino
APROM:
/s/ Roberta A. Wolfe
City Clerk , Deputy
e
e
' RESOLUTICN NO. 8772
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMErPT: Tract No. 8352
Charsan Development, Inc.
IACATION: Charsan Lane/Rainbaw Drive
A. Faithful Performance Bond: Off-site $39,792.00
THIRTY NINE THOUSAND SEVEN HUNDRED NINE'll TWO P,ND 00/1C0 DOLLARS
B. Labor and Material Bond $39,792.00
THIRTY NINE THOUSAND SEVEN HUNDRED ND&IY TWO AND 00/100 MUAR.S
C. Checking and Inspection Fee: $ 6,103.00
Off-site ONE THOUSAND NINE HUNDRED EIGHTY NINE AND 00/100 DOLLARS
On-site FOUR THOUSAND ONE HU.ZRED FCRJRM-N AND 00/100 DOLLARS
D. Indirect City Expenses: $ 915.00
NINE HUNDRED FIFTEEN AND 00/100 DOLLARS
E. Map Checking Fee: $ 196.00
ONE HUNDRED NINETY SIX AND 00/100 DOLLARS
F. Development Maintenance Deposit: $ 3,000.00
THREE THOUSAND AND 00/100 DOLLARS
G. Storm Drainage Fee: $ 1,548.00
ONE THOUSAND FIVE HUNDRED FORTY EIGHT AND 00/100 DOLLARS
H. One Year Power Cost: $ 72.00
SEVENTY TWb AND 00/100 DOLLARS
I. Street Trees: By Developer
J. Park Fee: Zone II Acct # 480-416-022 $94,500.00
NINETY FOUR T CUSAND FIVE HUNDRED AbID 00/100 DOLLARS
R. Water Main Reimbursement: N/A
L. Maps and/or Inprov+ement Plans: As specified in Item
No. 23 of agreenv--nt
TRACT AGREEMENT
TWWT 183552, CMFAM UM
AFN 13W-10-2
ThisAGIOMW, made and enter into this r t dAy
Of _,-, r �., ;i } , 19 `1 ' PY aTd bOtWOM tale CMY CP s a
munir_iral of the State of CWLifarnia. as
CITY, and CMRSAN DEVEMPM NT, INC. hereinafter designUtiEd cas ERVELAWM.
W I T N E S S E T H
WHERMS, said DEVEUWM desires to subdivide certain land within the
City of Cupertino in acoardance with the map more filed with the City
Cafflcil Of the City of Q*OrtinD, marked and designated as TRACT 8352,
CHARSAN LANE, Cupertim, falifamia, berr inaf$e- desicfflmted as the
"fie"; and
said map shotas certain awr ts, dri ms and roads mhuft are
offered fear dedicat•im fcw public use; and
, CITY hereby approvea the inFroysat plane and specific atinns
preper sd for the Tract by JE NINGS, MCDERWTT, MISS, INC., a txm coM
of said plans and specifications are on file in the Office of
the City Engineer of Q4mftjm; sand
Wm S, the same are mmmp m ted herein by refererm, the saog®e as
though set oust in full;
MW, , said plans and shall be
tler�inaft�z' called the 'Plans," and the waj* tD be thane en&x ffie Plans
sba12. be called the mW k.w
Pae 1 File: 51,9M
following schedule:
lEaRW N3W WOUSAM SEYM HUNDOD NIDEM TWD
c
M. / 0 1.1
PART B. I and Material Bcmd: 11
Ulu Ulum I1 f:: CTHOLENZ "1" .. t211m NDEM im
/f7 — ^. /. // / 1
-spectian Fee:
•P `, r .I' 15 r1 9 / NIM EIDENOD KIGHTY kUM
a ftLLMM AM L f /•0
:1 11 la
PAW D. lixUmlect City Eq)ensm:
t1-r' .:r a`rat F1FWW DM.:DMIM AND '/ r l0
,T E. M:,. Checking
_ 11
• .1' WHOM NBOWY M DCUAW '' '1 1 1:'0
0
PAI
t .
'T F. LiewlaFnent Minteriarice Deposit: OW.00
StormPART G.
R:1
s . is I: I US -1 FTW HUNURMi IKEGM UCUARS AM
1-i Y-F
PART H. One Year Ebwer Oust: $ 72.00
y. 1 1
NMMY '• ''• )rr•'li '- "/' FM HLIUM DOLLAW AM 11 1.1:
PAW K. J. Main
PART L. HEips arid/or ligzavemit Plans:
AS .,• :C i' 1':.1 IN rM 123
File p 51,902
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5. CE03UM AND n1SPEMON FEE
it is further agreed that DEVELLWM shall, pay any and all necessary
duct mWises for inspection, cbedting, etc., incurred by CITY in
with said Project, and that DBMDM shall hay o deposited with
CTrY, prior to lion of this AGREMEMr, the annxit as set forth herein
at Page 2 (Part C). Should coiggtructian aost vc-wy materially f im the
estimate which said sum is calculated, the City H%g]nee r shall notify
DEVEUMW of any adr itianal sea due and owing as a result thereof.
6. INDIRECT EXPENSES
It is further aced that DEVEUNM shall pay to CITY, praar to
execution of this AGREEMENT, indirect eupense al ccubl a to processing
theme nts, the a otant as set forth heron at Page 2 (Patt ®).
7. MP FILIM FEE
It is fun thw agreed that the DOMCM shall. wit with City, pnruw
to eLvcut,icni of this AM2WNT, for office checking of final neap and field
cbecking of st e& , in compliance with Section 4:1 of Cr inan m
No. 47 (Revised 12/04/61) of CIN, the amount as set forth berein at Page
2 (Part E).
8. DEVffi.L T )OUNTENNICE QUIT
It is fur Umr agreed that the DEWMPM shal l pay to the CITY, prior
to mmaltionn of this AGoMM, the amount set forth herefn at Page 2
(Part F) as a development nmaiat deceit to i_*sum per dust
cal and clewing Bearing the motion period. The development
mainnternaanoe deposit may be utilized for repairs of defects and
iiWierfections, arising out of or due to faulty varl amannsh;ip and/or materials
apt...Nwing in said work during the period until release of the inprovemrnt
bards by the CITY. Should the DEVELOPER complete a the req1ix-A repairs to
the entire satisfactiarn of the CITY, the uraeed balance will be returned
after the release of the i �t bounds.
9. STICK EPAUUM TEE
It is further agreed ttat the DEVEMPER shall deposit with the CITY,
prior to execution of the -FT, a stern drainage charge in connectim
with said Project in a000rdanrar! v7ith the L established in
Resolution 4422, HEMCh 21, 1977, in the amount as set forth herein at: Page
2 (Part G).
10. ONE YEAR FGHM CST
It is further agreed that the ERVEUNM shall pay to CM pri r to
emBontum n of the ACC, the amount as set fourth herein at: Page 2 (Part
R), which amount represents the power oast for suet lights for one year.
11. THE 1tFYL ICK OF SHOW TREES
It is further agreed that the DEVELCM gall, at such `:aims as deemed
iaus by the City Engineer, plant street trees in caonfammance with
the stags of the City of Cupertino. variety of tame shall be wed
from the City list.
Page 5
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144
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• A. Barn of Said policies of ink shall provide coverage in the
fiollading mininn ate: Fbr bodily injury, $100,000 Gach
peril; $300,000 each coc wLwoe, , $50,000 one
acciount of any one camuxam with an aggrega limit of riot l,eszx
than $ZOO, .
B. The MYEEMM shall file yitti the City Ekqinear at or prior to
the tune of amouticin of this AGMMW by the DVJEIDFER. such
evidence of said ficregoing policy or policies of insurance as
shall be satisfarbary to said City Ekxjineer. Rw!h such policy or
policies shy bear an Iraro I precluding the cancellation or
reduction in coveruja without giving the City Engineer at least
tie (10) slays advarme rftoftiae thereof.
C. In the event that t.,2 project d twin should be nitmUy
situated in or affect the area of Jurisdiction ction off a separate
or political subdivision of the Statue of c311forn9a,
the pslu aes of insmwice bereln and abase shall co-name
e
such atmicipality or political sufbdivgsi,on. and the provision set
equally apply to and political subdiv3sionn.
22. MPZM HRM EXTENSHN ENWOSIT
The DEVELDVER furthea' agrees to it with the CITY those monies
regw. red to comply with "Policy an water Main Extensions WbErk and
Deposits: dated Septenber 9, 1977. 7tne deposit sill be held by the CM
until said monies are need to inplenent i�- venents outlined by the
Directar° of Public Works or innrovements outlined within an adapfbed Water
Flamer Plan.
The ammmt shoran herin at PART B, ;age 2 shall be the full amount
due.
23. IMP AND/Ok FLMIS
It is fir aged that the CITY small obtain the follao nng map
and/or plars at the DEVEUWMIS fie:
A. A ffiylar sepia and thirteen (13) paints of fully eaBanbed tract
NXM.
B. A mylar sepia and ten (10) prints of fully executed impn+oyaWnt
plus.
C. A direct cm--rl sc ating silver negative microfilm aperataur+e imrd of
all executed bqzovement plans and map.
The EEVELMER agrees to pay the CM from the develxIet
deposit the cat for all prints of plate and map rem trader Item 23.
24. TERMS AND 03 DITI=
it is further agreed that the ab m naved terms and c aditicros for the
said Tract shall band the heirs, successors, cw assigm of
the DVJELCM. The aft of this AMMW shall not be made without,
approval by the City Ctor=il of said CITY.
Page 8
(Single Form)
Effective If 1/91
STATE OF CALIFORNIA
COUNTY OF
Santa Clara SS.
On OCtober 7, 1992 before me,the undersigned,a Notary Public in and for said State,
personally appeared_ ' ACE LIN e President of Cha rsan v 1 o(]l n r Tic-,_ .
a California co=rat-ion, C,Pn ral ParfnPr of Charsan PrQpe ic-S.
a California t,imit-ed par nt=rship �
personally known to me o be the person(s)whose name(s)
-� is/are subscribed to the within instrument and acknowledged to me that fie/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity u n behalf of which the person(s)acted,executed the instrument.F-'�='
r
Y�
WITNESS my hand and official seal. f
Signature
Name
Karen Cornett i r,� t
_ .
(typed or printed) '
Ff0-1197 (Thu area lot otfwaal notama+cal)
. Y. .I� ■?.�}: �• -i•. �.•� • :•.�: 'RBI" aF •.• 1' :i- •� • 7." '�.' Lu.=
.:-q"� i�=t v a.•� ra_-t��n.• `R.. v �.•.iii- r•. '.•_ ,.. -.�a:•- r� .- :•.^... -i r "v.::a.- .-..�. .. -•:�'
2 •- XT.W - +'
_ar
CITY 101'CUPERTINO OCT. 20, 1992
INTERDEPARTMENTAL Date
To_ CITY CLERK From PUBLIC WORKS--SUMI
❑ Information MESSAGE:_. TRACT NO. 8352, CHARSAN LANE (CC 10/19/92)
Implement 1. THREE SETS OF IMPROVEMENT AGREEMENT FOR PROCESSING.
❑ Investigate
❑ 2. BOND—"TIME DEPOSIT RECEIPT ON FILE WITH FINANCE.
Discuss
❑ See me
' ❑ Reply _
Reply: _ CHARSAN DEVELOPMENT, INC.
21640 RAINBOW CT.
SIGNED: _ _ _DATE
Forward part 1 Retain part 2 51,902