HomeMy WebLinkAbout93-009 Leonard Borello/Dick Randall & Barre Barnes 93-009 LEONARD BORELLO/DICK RANDALL &
BARRE BARNES
RESOLUTION NO. 8858
A RESOLUTION OF THE CITII COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FINAL MAP AND IMPROVEMENT AGREEMENT OF TRACT
NO. 8585, LOCATED ON SAN FERNANDO AVENUE, DEVELOPER LEONARD
BORELLO, DICK RANDALL, BARRE BARNYES; ACCEPTING CERTAIN
EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT
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. 8585, located on San Fernando Avenue,
showing certain avenues, drives, places, and roads by Leonard Borello, Dick Randall and
Barre Barnes; 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 agreement; and said
map, agreement, and bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said final map of Tract No. 8585 is hereby approved.
b. The offer of dedication for roadway and for easements is hereby accepted.
C. The City Engineer and the City Cleric are hereby authorized to sign said
final map.
d. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17 t h day of_ May , 1993, by the following vote:
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: TRACT NO. 8585
LEONARD BORELLO, DICK RANDALL, BARRE
BARNES
LOCATION: SAN FERNANDO AVENUE
A. Fai 'hful Performance Bond: $98,700.00
NINETY-EIGHT THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS
B. Labor and Material Bond: $98,700 00
NINETY-EIGHT THOUSAND SEVEN HUNDRED AND 00/l00 DOLLARS
C. Checking and Inspection Fee: $ 4,935.00*
-$2,326.00= 2,609.00
TWO THOUSAND SIX HUNDRED NINE AND 00/100 DOLLARS
D. Indirect City Expenses: N/A
E. Development Maintenance Deposit: $ 3,000.00
Condemnation Deposit: $24,200.00
F. Storm Drainage Fee:
G. One Year Power Cost: $ 76.00
SEVENTY SIX AND 00/100 DOLLARS
H. Street Trees: By Developer
I. Map Checking Fee: $ 204.00
TWO HUNDRED FOUR AND 00/100 DOLLARS
J. Park Fee: Zone II, Account No. 480-416-022 $110,250.00
ONE HUNDRED TEN THOUSAND TWO HUNDRED FIFTY& 00/100 DOLLARS
K. Water Main Reimbursement Fee: Install Main Extension
L. Maps and/or Improvement Plans As specified in Item No. 23
of agreement
*Storm Drain Fee:
12" RCP 321 LF @ $10.00/LF= $3,210.00
Storm Manhole 2 ea @ $600/ea= $1,200.00
Catch Basin I ea @ $400/ea= 1 400.00
Total $4,810.00
Storm Drain Fee $2,484.00
To be deducted from $2,326.00
checking and inspection
fee
TRACT AGR E EMENT
7BACr #8585, SAY FERNMW
APM #357-12-048
This AGREEMENT, made and entered into this 29TH day
of APRIL , 19 93 , by and between the CITY OF aiPERrimo, a
municipal corporation of the State of California, hereinafter -designated as
E
CITY, and IIMM BCRU1D/DICK iRA1aNffjqWN4X BAD hereinafter
designated as DEVELOPER. i
`J
WITNESSETH
WHEREAS, said DEVELOPER desires to subdivide certain land within the
City of Cupertino in accordance with the map heretofore filed with the City
Council of the City of Cupertino, marked and designated as TWkCT 8585, SAM
MUM, Cupeiti,�o, California, hereinafter designated as the "Tract";
and
WHEREAS, said map shows or -tain courts, drives and roads which are
offered for dedication for public use; and
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Tract by NEM & SUMPS, a true copy of said 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."
Page 1 File: 51,993
A I
pursuant to the provisions of this AGRUFOa, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SQMXAE OF BODS, FEES AND DEPOSITS
PART A. Faithful PerformanC~ Bowl: $98,700.00
PART B. Labor and Material Bond: $98,700.00
PART C. Checking and Inspection Fee: *$4,935.00
-$2,326.00 = $2,609.00
PART D. Indirect City Expenses: N/A
PART E. Map Checking Fee: $ 204.00
PART F. Development Maintenance. Deposit: $ 3,000.00
PART G. Storm Drainage Fee:
PART H. One Year Power Oast: $ 76.00
PART I. Street Trees BY DEVELOPER
PART J. Park Fee: Zane II $110,250.00
Acct. #480-416-022
PART K. Water lain Reimbursement: Main EKtension Installed
PART L. Maps and/or Improvement Plans:
AS SPECIFIED IN ITEM #23
PART M. Condemnation [posit: $24,200.00
*Storm Drain Fee:
1211 RCP 321 LF @ $10.00/LF = $ 3,210.00
Storm Manhole 2 ea @ $600/ea = $ 1,200.00
Catch Basin 1 ea @ $400/ea = $ 400.00
Total - 4,810.00
Storm Drain Fee = $ 2,484.00
To be deducted from 2,326.00
checking &
inspec-
ticn fee
File No: 51,993
Page 2
NOW, nMU2 E, IT IS FAY MMUULY ADD by and between the
parties hereto as follows, TAD WTI':
1. INST'AL IATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and c ouplete the Work within one (1)
year from the date of execution of this AGPIN04T, or such longer period
as may be specifically authorized in writing by the City Enigineer. In the
event the LiEVVELOPE R fails or refuses to camplete 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 CM canpletes the Work, the CITY may recover any and all costs
inured `hereby from the DEVELOPER or the DEVELOPER'S S surety or both.
B. The DEVELOPER shall install and complete the Work In a good and
workmanlike manner an accordance with the Plans as approved by the City
Engineer of Cupertino. The Work shall be performed under the inspection
anc with the approval of the City Engineer. The Work shall be dome in
accordance with the existing ordinances and resolutions of the City of
Cupertino, and in accordance with all plans, specifications, standards,
sizes, lanes and grades approved by the City Engineer. The Work shall be
done in accordance with all Stag 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, siz-�s,
lines and grades as set forth.
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 Del: rbr,-nt of 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 Publ Works" is mentioned, it shall be
c-,)nsidered as referring to the City Engineer.
in case of conflict between the State Specifications and the
specifications of the CTrY 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.
2. EXCAVATION PERMIT
IIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Cvdinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the oaffonencerent of any excavation in, on,
or under the surface of any existing public street, lane, alley, sidewalk,
or other public place. It is A ther agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the proposed
excavation is to commence.
Page 3
3. QUITCLAU4 DEED
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 undercround 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.
4. BONDS AND OTHER SEXURM Y
A. Upon the execution of the AMMMn, the DEVELOPER shall file with
the CITY a faithful performance bond to assure his full and faithful
performance of this AGREENEUr. The penal sun of said faithful performance
bond shall be the full oast of any payment to be made under this
AGREFlAERr, the value of any land agreed to be dedicated, and any
improvements to be grade under this AEI'. In the event that
irgn-avements are to be made under this AGREEIETr, the DEVELOPER shall, in
addition to said faithful performance, file with the CITY a labor and
materials bona 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 r-bgineer. Said bonds shall be
executed by a surety ocupany authorized to transact a sr:ety 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 AGREEMERr, 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 AGREEKWr or othexwim indemnify the CITY for the DEVELOPER'S failure
to so do.
B. In lieu of a surety bond, the DEVELOPER may elect to secure this
ACd2EMEYtTI' by depositing with the CITY:
1. Cash; or,
2. A cashier's check, cr 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
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGRFMEW, 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 bunrd, cash deposit, check. or certificate of
deposit, shall be made exert ►,won approval of the City council.
E. No interest shall be paid on any security deposited with the CITY.
Page 4
5. CHECKM AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all rxxx ssary
direr: expenses for inq-,ECtion, king, etc., incurred by CITY in
connection with said Project, and that DEVELOPER shall have deposited with
CITY, prior to execution of tr-.ls AaFammwr, the amount as set forth herein
at Page 2 (Part C) . 5alould construction cost vary materially from tllp-
estimate front which said sum is calculated, the City Engineer shall notify
DEVELOPER cf any additional sum due and owing as a result thereof.
6. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREE ENT, indirect expense allocable to processing
these imgarovOwnts, the amount as set forth herein at Page 2 (Part. D) .
7. MAP CHBCEING FEE
It is further agreed that the DEVELOPER shall deposit with City, prior
to execution of this ATr, for office checking of final map and field
checking of street mornmnents, in ccupliance with Section 4:1 of Ordinance
No. 47 (Revised 12/04/61) of CrIY, the amount as set forth herein at Page
2 (Part E) .
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this A+CI', the amount set forth herein at Page 2
(Part F) as a development maintenance deposit to insure proper dust
control and cleaning during the fiction 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. Shaild the DEVELOPER ccuplete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the intprov+t nmt, bonds.
9. S°IORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of the AGREEmEVr, 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 G) .
10. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior to
execution of the Ate, the amount as set forth herein at Page 2 (Part
F) , which amom-vt represents the power cost for street lights for one year.
11. THE INSTALLATION OF STREET TREES
It is further 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
ftr+on the City approved list.
Page 5
12. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or
dpdicate such land to the CITY, prior to execution, as is required within
"Park. Dedication Ordinance1° Number 602, 1972, and which is further
sti,ulated under Part J, Page 2 herein. Fees are also in accordance with
action adopted by the City Council on March 1.9, 1991, and Section 18-1.602
of the Cupertino Municipal Code.
13. MA WE NANCE OF Wa17K
It is further agreed that. the DEVELOPER R shall maintain the Work: A.
For a period of one (1) year after acceptance of the Work by the City
Council of the City of Cupertino, or B. Until all deficiencies in the
Work are corrected to conform to the Plans and the Cr. YY standards and
specifications for the Work, whichever is the later to occur. 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.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AGREEMERr, a letter from the Cq ertiro, 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 performances of
the construction 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. BUSINESS AND PROFESSIONS CAE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGVXE KE Rr, substantial evidence that all provisions of
Section 11603, Article 8, Chapter 4 of the Business and Professions Code,
pertaining to special assessments or kxmds, have been eouplied with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of the AST', a letter from the Central Fire Protection
District of Santa Clara Ccxmty, stating that the DEVELOPER has entered
into an ACI' 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 LIGnMC - P.G.and E. RATE SSE SHALL APPLY
It is further agreed that the DEVELOPER shall apply for the
installation of electric power for street lighting at the earliest date
possible.
Page 6
18. PACIFIC GAS AND UB=C/PACIFIC BELL
Ia is further agreed that the DEVELOPER R shall Pay to Pacif is Gas
and Electric many and/or to PACIFIC BELL 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
un dergrourding as provided in ordinance No. 331 of CITY when DEVELOPER is
notified by either the City Engineer or the Pacific Cos and Electric
Ccmnpanny and/or PACIFIC BELL that said fees are due and payable.
19. EASEMENTS AND RIGHT RIGHII--OF-WAY
It is further agreed that any easement and right-of-ray 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 prooeedings 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 proceed to be
taken and ;:o 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,
engineerir!g, and other incidental costs in such reasonable amounts as the
CITY may require shall be deposited with the City of Cupertinc.
20. HOLD BARMLE&S
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 as provided. in Paragraph 13 above, the
DEVELOPER shall indenmify, 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.
21. INSLZRAWE
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 eaployees 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 per�onmed 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 ire against the loss covered by said policy
or policies, that other insurance shall be excess insurance only.
Page 7
A. Each of said policies of insurance shall provide coverage in the
•• following minim mounts: For bodily injury, $100,000 each
phi $300,000 each oomwrenoe, property damage, $50,000 on
account of arry am ooctvTenoe with an agate 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 AGREEMERr 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 illation 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
maucipality or poi tic al 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
equally apply to municipality and political subdivision.
22. WATER MAN E)UMSION DEPUSIT
The DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy on water Main Extensions work and
Deposits: dated September 9, 1977. The deposit shall be held try 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 PART K, Page 2 shall be the full amount
clue.
23. MAP AND/CR PLANS
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 thirteen (13) prints of fully executed tract
Map-
B. A mylar sepia and ten (10) prints of fully executed igxxwement
playas.
C. A direct duplicating silver negative microfilm aperature card of
all executed i-aravement plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance
deposit the cost for all prints of plan and map required under Item 23.
24. TERMS AND 00 DIDITICNS
It is further agreed that the above names terms and conditims for the
said Tract shall bind the Heirs, successors, adminisi-rators or assigns of
the DEVELOPER. The assignment of this ANTI' sha U not be made without
approval by the City Cotmil of said CITY.
Page 8
State of California
County of Santa Clara
on r_A Ap r l 1 6, 1993 before me,(here insert the name and
title of the officer),persunrtPy appeared— Leonard F. Borel to and Dick J. Randall
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)istare subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in hisfhedtheir authorized capacity(ies)and that by nisfherlth.4 signatures(s)on the instrument
�• the person(s),or the entity upon behalf of which the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and offtefal sea}
Signature_—_� _ = _� 1._..L� Lam- ✓ `)
Print Nallne Linda J. Bentson "�N,iAil�
E-47
e " Stateot__ California
T County of_ Santa Clara
On__ Ap r i 1 29 , 1993 before me, (here insert the name and
title of the officer),personally appeared—Barre Barnes ^_
r personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)and that by his/her/their signatures(s)on the instrument
the person(s),or the entity upon behalf of which the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand an icial al. 7
Signaturp�' r1'� �i^�la J. BCIItSCfI
Linda J. `$entson (1t2 �.' �� » i+9ut:32`
Print NSatTfe r`,101AHY PUBLIC C"l v.+�IA0(Seal)
,,,VvTA CLARA GDLINTY
E-47
IN WrnUSS 4HEFUDDF, C%TY has :-e�m
d its name to be hereunto affixed by its Mayor and City Clerk, thereunto
duly aud=ized by resolution of the City council and said DEVELOPER has
two caused his name to be affixed the day and year first above
written.
CITY OF CUFtO:
Approved as to form:
Mayor
V"
City Attorney City Clerk
DEVELOPER:
cal. :
BorelLo
e
notary Acknowledgment Required.
e
ti
Page 9
o '
RESOLUTION NO. 8858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FINAL MAP AND IMPROVEMENT AGREEMENT OF TRACT
NO. 8585, LOCATED ON SAN FERNANDO AVENUE, DEVELOPER LEONARD
BORELLO, DICK RANDALL, BARRE BARNES, ACCEPTING CERTAIN
EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT
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. 8585, located on San Fernando Avenue,
showing certain avenues, drives, places, and roads by Leonard Borello, Dick Randall and
Barre Barnes; 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 agreement; and said
map, agreement, and bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said final map of Tract No. 8585 is hereby approved.
b. The offer of dedication for roadway and for easements is hereby accepted.
C. The City Engineer and the City Clerk are hereby authorized to sign said
final map.
d. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17ch day of May , 1993, by the following vote:
e
RESOLUTION NO, 8858
Vote Members of the City Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
Mayor,City of Cupertino
ATTEST:
City Clerk
' EXHIBIT "A"
o
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT. TRACT NO. 8585
LEONARD BORELLO, DICK RANDALL, BARRE
BARNES
LOCATION: SAN FERNANDO AVENUE
A. Faithful Performance Bond- $98,700.00
NINETY-EIGHT THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS
B. Labor and Material Bond: $98,700.00
NINETY-EIGHT THOUSAND SEVEN HUNDRED AND 0U/100 DOLLARS
C. Checking and Inspection Fee: $ 4,935.00*
-$2,326.00= 2,609.00
TWO THOUSAND SIX HUNDRED NINE AND 00/100 DOLLARS
D. Indirect City Expenses: N/A
E. Development Maintenance Deposit: $ 3,000.00
Condemnation Deposit: $24,200.00
F. Storm Drainage Fee: $
G. One Year Power Cost: $ 76.00
SEVENTY SIX AND 00/100 DOLLARS
H. Street Trees: By Developer
1. Map Checking Fee: $ 204_00
TWO HUNDRED FOUR AND 00/100 DOLLARS
J. Park Fee: Zone II, Account No. 480-416-022 $110,250.00
ONE HUNDRED TEN THOUSAND TWO HUNDRED FIFTY & 00/100 DOLLARS
K. Water Main Reimbursement Fee: Install Main Extension
L. Maps and/or Improvement Plans As specified in Item No. 23
of agreement
*Storm Drain Fee:
12" RCP 321 LF @ $10.00/LF= $3,2110.00
Storm Manhole 2 ea @ $600/ea= $1,200.00
Catch Basin I ea @ $400/ea= 400.0(;
Total $4,810.00
Storm Drain Fee $2,484.00
To be deducted from $2,326.00
checking and inspection
fee
CITY OF CUPERTINO
INTERDEPARTMENTAL Date Ma 20, 1993
Io CITY CLERK From PUBLIC WORKS--SUMI
❑ Information MESSAGE: TRACT NO. 8585, SAN FERNANDO AVENUE (CC 5/17/93)
❑ Implement LEONARD BORELLO ET AL.
❑ Investigate
❑ Discuss TRANSMITTED ARE
❑ See me 1. THREE SETS OF AGREEMENT FOR PROCESSING _
❑ Reply 2. BOND: CUPERTINO NATIONAL BANK SET ASIDE LETTER(ORIGINAL)
DATED MAY 13, 1993, $98,700.00
Reply: LEONARD BORELLO
P. 0. BOX 3102
SIGNED DATE
Forward part 1 Retain part 2
Cit,4 of Csoptni"o
10300 Torre Avenue
C'up4-ttmo,CA 95014-3 25 5
T('It,pliont.: (4081 252-4505
FAX: (4081 2521-0753
DEPARTMENT OF IHE CITY CLERK
June 14, 1993
Leonard Borello
P. O. Box 3102
Saratoga, California 95070
TRACT AGREEMENT,TRACT 48585, SAN FERNANDO, APN 357-12-048
Enclosed for your files is one(1) copy of the Tract Agreement for Tract No. 8585 by and
between the City of Cupertino and Leonard Borello/Dick Randall/Barre Barnes, which has
been fully executed by City officials.
If you have any questions, please contact the Department of Public Works.
Sincerely,
DOROTHY �'ORNELIUS
CITY CLERK
DC/cs
Encl.
4-
NATIONAL BANK
May 13, 1993
Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
RE: WITHHOLD FOR FAITHFUL PERFORMANCE AND LABOR AND MATERIAL
BONDS FOR TRACT NO. 8585, SAN FERNANDO AVENUE, CUPERTINO, CA
DEVELOPER: LEONARD F. BORELLO AND DICK J. RANDALL
Cupertino National Bank agrees to hold $98,700.00 (Ninety Eight Thousand Seven
Hundred and no/100ths) as faithful performance bond and labor and material bond for
Tract No. 8585, San Fernando Avenue, Cupertino, CA.
These funds will be made available to the City of Cupertino at such time to fulfill the
obligation of Leonard F. Borello and Dick J. Randall. If developer fails to complete
subject project, this security will remain in full force and effect until released by the City
of Cupertino in writing.
Sincerely,
CUPERTINO NATIONAL BANK
BY:
David Cam ell, E tive Vice President
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