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HomeMy WebLinkAbout93-020 Chang, Stephen 93-020 CHANG, STEPHEN RESOLUTION NO. 8935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF a CUPERTINO APPROVING PARCEL, MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED AT 10951 LINDA VISTA DRIVE; DEVELOPER, STEPHEN CHANG; AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located at 10951 Linda Vista Drive by Stephen Chang; 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 (letter of credit), 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, THEREI~ORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all easements is hereby accepted. C. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. C. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. RESOLUTION NO. 8935 EXHIBIT"A" SCHEDULE OF BONDS, FEES, AND DEPOSITS DEVELOPMENT: RESIDENTIAL STEPHEN CHANG LOCATION: 10951 LINDA VISTA DRIVE A. Faithful Performance Bond: Deferred B. Labor and Material bond Deferred C. Checking and Inspection Fee $ 460.00 Four Hundred Sixty and No/100 Dollars D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 1,000.00 One Thousand and No✓100 Dollars F. Storm Drainage Fee: $ 464.00 Four Hundred Sixty-four and No/100 Dollars G. One Yea,Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: $ 180.00 One Hundred Eighty and No/100 Dollars J. Park Fee: Zone II 480-416-022 $31,241.00 Acct. #480-416-022 Thirty-one Thousand Two Hundred.Forty-one and No/100 Dollars K Water Main Reimbursement Fee: $2,880.00 Two Thousand Eight Hundred Eighty and No/100 Dollars L. Maps and/or Improvement Plans As specified in Item#23 of agreement ON of cupe iti"o IcIenhotle (408) 252-4505 1�A\ 0081 252-0753 DtMRT`v1E'NI 01 11if CI CLERK July 30, 1992 Stephen C;isng 10951 Linda Vista Drive Cupertino, California 95014 IMPROVEMENT AGREEMENT We are enclosing for your files one (1) copy of the Agreement by and between the City of Cupertino and Stephen Chang, which has been fully e3. ecuted by City officials. Also included is a copy of Resolution No. 8935, which was adopted by the Cupertino City Council at their regular meeting of July 19, 1993. Sincerely, ROBERTA WOLFF' DEPUTY CITY CLERK RW/cs Encl. cc: Depart r,:ent of Public Works AGREEMENT 10951. LUW. V33M EEL a A N 1349-6-16 Ihis AGREBIDIT made and into this �� day of 19_U . by and bebmen the CITY OF CL)PEFUIM, a municipal corporation of the State of California, hereinafter designated as CITY, and STEPHEN C!VM hereinafter designated as DEVELOPER. WITNESSETH WFJMM, THE DEVELOPER has made application to the CITY for a Pam, mp. WHEREAS, CITY hereby approves the improvement plans aml specifications prepared for the Project by ICt & VWGUT a true copy of which improvement plans and specifications are can file in the office of the City Engineer of Cupertino; and WHEREAS, the seine are incorporated herein by reference, the same as though set out in full; NOW, THERffnRE, said improvement plans wA. specifications shall be hereinafter called the "Plans", and the work to be done under the Plans shall be called the "l1ork1°. 1 File: 51,882 WWEREAS, pursuant to the provisions Of t , the Chi hweby established the aunts Of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Street Inprovement Category: PART A. Faithful Performance Bond: DEFERRED PART B. Labor and Material Band: DEFERRED PART C. Checking arnc, Inspection Fee: $ 212700 ART D. Indirect City $ N/A PART E. Development. Maintenance Deposit: $ 1,000.00 PART F. Storm Drainage Fee: $ 464.00 PART G. One Year Power Cost: N/A PART H. Street Trees: By Developer PART I. Map Checking Fee: 180.00 PART J. Park Fee: VANE II 480-416-022 $31,241.00 AOM :480-416-022 PART K. Water Main Reimbursement Fee: $ 2,880.00 PART L. Maps and/Or Dgxvvement Plans As Specified in Item #23 2 File: &t,882 NOW, THEREFORE, IT IS HEREBY 141M ,Y AGFM^ end between the parties hereto as follows, To wrr: 1. 7EDICATION A. The DEVELOPER offers to dedicate the real property shoran an Edlibit "A", which is attached hereto and made a part hereof by reference. Said dedicated shall be free and clear of all liens or en ambrances except those vinich the CITY shall waive in writing. The DEVELOPER acmes 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 AGREEIMU the DEVECDPER agrees to deliver a properly executed grant deed to the CITY of the real property described in U ibit "A", and such other executed conveyances, or lnstr u ems, necessary to comiey clear title as herein required. The DWELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: (1) A preliminary titlee report issued by a title insurance owtgariy relating to the property offered for dedication. (2 A standard policy of title insurance issued by a title insurance ooupany 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 oft acc�ce of dedication and recordation of deed. C. Upon the condition pre-edent that the DEVELOPM shall perform each and every covenant and condition of this AGREamm, the CITY agrees to accept said real property offered for dedication. 2. INSMIATION OF WORK It is further agreed that: A. The DEVELOPER shall install and cxWlete the work within one (1) year from the date of execution of this AGRERmEw, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to cxjWlete the work within the specified period of tine, the CITY, at its sole option, shall be authorized to caWlete the work, in whatever manner the CITY shall decide. In the event the CITE cxanpletes the work, the: CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEiIELOPERIS surety or both. B. The DEVELOPEER shall install and ccuplete the work in a good and workmanlike manner in accordance with the plans as approved by the City &bgineer of AWertinor. The work shall be done in aa:=dance with existing ordinances and resolutions raf the CITY and in accordance with all plans, spevificaticns, standards, sizes, limes, arrd grades approved by the City Engineer. Tba work shall he dare in accordance with. all State and County Statutes applicable hereto. The derision of the City Ehginew shall be final as to whether any &ateri.al or worly ship meets the standards, specifications, p1.ans, sizes lines and grades as set forth. 3 MIN LMM �i �� Ll C. It is fimt agreed that the Work shalit dam in acoc:.Tftnae with the mast: current Standard Specifications of the Degaxfc*-,nt of Public Works, California Deparbm* of Transportation, State of California, and in accordance with the specifications of the r_Upertino Sanitary District where applicable. Wherever the wards "State" or "California Division of Hicpways" are mentioned in the State Specifications, it shall be considered idered as referring to the. CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentiov?d, it shall be considered as referring to the City Eangineex In case of conflict between the State Specifications and the specifications of the CITY., and/or the Cupertino Sanitary District, the specifications of the Cn Y and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall couply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the canuencement 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 eomnenve. 4. QUITCf A:EK DEED It is further agreed that the DEVELOPER, when requested key 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 01HE 2 SE0JRI1Y A. Upon the execution of this AGREEmEur, the DEVELOPER shall file with thn CITY a faithful performance bond to assure his full and faithful performance of this ANr. The penal sum of said faithful performance bond shall be the full cast of any payment to be made under this AGREE MU, the value of any land agreed to be dedicated, and any improvements are to be made under this Air. In the event that inprovownts are to be made under this AGREE MHU, the DEVELOPER shall, in addition to said faithful performance, fila with the CITY a labor and materials bond in a penal sum adegumte to assure full payment of all labor and materials required to construct said inprovements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety eoupany authorized to transact a surety business in the State of California and must be approved by the City Attorney as to farts 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 ACT, or to make any payment, or any dedication of land, or any i%wovwents herein required, the CITY shall call on the surety to perform this ACM?ERr or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. 4 B. In lieu of a- suety bond, the DOMMM may elect to secure this ACRE O?r by depositing with the CITY: 1. Cash; or, 2. A cashier's check, cr a certified dick payable to the or ie r of the City of Ctpac'tino; or, 3. A certificate of ebgmit, or instrument of credit meeting the mats of Gavot Code Section 66499 (b) or (c) . C. The amount of said cash, ., certificate of deposit, or instrument of credit shall be as designated by the City Engineer, ,and shall Bbe the equivalent to that which would have been rewired had the DEVELOPER furnished the CY'1'S' with a surety band. In the event that the DEVEWPER shall fail faithfully to perform the covenants and ccnd:iticns of this AGREEMM, or to make any payment, or any dedication of land, or any igxvveeents herein required., the CITY may apply the proceed.-,eede; of said security thereto. D. No release of surety bcmd, cash deposit, check, or certificate of deposit, shall be made weegt. upon approval of the City Council. 1. Scheraile for bond and irmwanoe release for paper bands are as follows: A. Release of 90 pew of the faithful perfoarmance bond upon acoeptance by City mil B. Release of the remaining 10 percent of the performance bores at one year frcan acceptance after all deficiencies have been cow ar i in the absence of any claim against such band. C. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of army claim against such kxxvi. D. Liability insurance, provided by the developer to gold the City harmless in the event of liability arisirxi froaa 'the project, to be retired at the end of one year if all deficiencies have been corrected and in the abseaiae- o:E any claim against such irunzw xae. 2. Soule for Bond and Insurance Release for cash, CD, sit-Aside Letter are as Follows:; A. Release of 45% of bond upon acceptance by° City Council. B. Release of additional 45% at six months frcam accgAeuce after all deficiencies have been corrected and in tIm absenoe of any claim against such bond. C. Releasa of remaining 10% at one year from date of a rw`ce after all deficiencies have been corrected ;xml in the absence of any claim against such bard. 5 D. Reease of the liability ins�ae provided by the developer or contractor to hold the City harmless in the event of liability arising from the subject project, at the end of one year if all deficiencies have been corrected and in the ahmr ce of any claims against such insurance. E. No interest shAl.l be paid on any security deposited with the CITY. 6. CHEMIM AND IN-SPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for insertion, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this Aft', the amount as set forth herein at Page 2 (Part C.) . Should construction cost vary ?.materially from the estimate from uhich said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum clue and owing as a result thereof. 7. INDIRECT EXPENSES it is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREE, indirect expense allocable to processing these improver ents, the amount as set forth herein at Page 2 (Part D) . 8. MP 0x�G FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREMOR, for office cbeczing of final map and field checking of street rmuments, 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 (rai4 I) . 9. DEVELOPMENT ?Q02M3J ME DEPOSIT it is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMT, 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 inT.rfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the surety bonds or other sac:urity permitted under paragraph 5.B by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the mused balance will be returned after the release of the surety bond or other security permitted under paragraph 5.B. lo. srom DRRINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREUMMT, a storm drainage charge in connection with the said Project in a_ ' rdance aith -the requirements established in Resolution 4422, March 21, 1977, in tie amount as set forth herein at Page 2 (Part F). 6 11. WATER MAIN MAION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to fly 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 uplement hVrov+ements outlined by the Director of Public Works or ir*rovewnts outlined within the adopted water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 12. ONE YEAR PCWE2 ODST *Et is fIn-ther agreed that the DEVELOPER shall pay to the CITY prior to jxecution of this FiGtEEMU, the amount as set forth herein at Page 2 (Part G) , which amount represents the 1=4ex cost for street lights for lone year.. 13. 'THE INSTAILI,ATION 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 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 Section 18-1.602 Park land Dedication, Cupertino Municipal Code, and which is further stipulated under Part J, Page 2 herein.Fees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code. 15. MAINTENANCE OF 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 inperfections arising out of or due to faulty worlananship and/or materials appearing in said Work. 16. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREE MU, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a sziparate AGREEMvr with the said District to install sanitary sewers to serve all lams within said Project and stating that a bawd to insure Hill and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in oonformarcee with the provisions as set forth in Paragraph 15 above inns been filed. 7 17. GOVEWPOW CAD It is further agreed that DEVELOPER shall file with CITY, upon execution of this 70UMUM, martial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Goverrmoent Code, pertaining to special assessments or bonds, have been complied with. 18. CENTRAL FIRE DISTRICT' It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEi', a letter from the Central Fine Protection District, of Santa Clara Cnaurty, stating that 'Ile DEVELOPER has entered into an ALlT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to imne installation and five (5) year rental fee of said hydrants. 19. PACIFIC GAS AND ELECTRIC/PACIFIC BOX It is further agreed that the DEVELOPER small pz--y to Pacific Gas and Electric Coffpany and/or to PACIFIC BELL Comparny 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 undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Ccmoany and/or PACIFIC BELL Crary that said fees are due and payable. 20. EASEMENTS AND RIGHT-OF-+SAY It is further agreed that any easement and right-of-sway necessary for completion of the Project shall be acquired by the DEVEL PER at his own cost and expense. It is provided, however, that in the event er.inent domain proceedings are required the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sinn 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 wages, 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 HAT01L.ESS it is further agreed that, oammencing with the performance of the Work by the DEVELOPER cc, his contractor and oontim inn until the completion of the maintenance of the Work, the DEVE'i.OPER shall inndenmify, 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 rXHq.erf0rmaWa of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, e ployees and independent contractors, except to the extent any of 8 ELM- the foregoing isk®caused by the negligenoe or wilYt"ul misconduct of the City or the City': agmits, euployees and indq cmitractors. 22. INSMANCE It is further agreed that: The DEVELOPER shall take cut, or sc all require any acntractar engaged to perform the Work to take out, and maintain at all timer, during the performance and mainterence of the Work called for or required to be clone hereunder, a policy of insurance ruing the c::rY and meanbers of the City CoLmil of the City of 04pertino individually and collectively, and the: officers,, agents and employees of the City intrividuaily and collectively, as insured. Said separate policy shall providR bodily injury and property damage coverage to the foregoingt named CITY and irydividuals covering all the Work performed by, for, or on behalf of said DEVELOPER.- Both bodily injury and property damage insurance mast be or: 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 CM, 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. 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 occurrenee, property damage, $50,000 on acocunt of any one occurrence with an aggregate limit of riot 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 tr_. said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduct;on in coverage without giving the City Engineer at least ten (10) days advance notice thereof. The City shall ba show..- as additionally insured on a separate "Additional Insured Owz:� r.s, lessees or Contractors" (Font A) or. (Form B) EhdoL--Ament provided along with the evidence of said foregoing policy of policies of Irgaarance C. Li 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 nnmcipality and political subdivision. 23. MAPS AND/OR DWROVF]+ M PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: 9 s A. A mylar sepia and seven (7) prints of fully exalted pa ml W- B. A mylar sepia and ten (.10) prints of fully executed imgaravement plans. C. A direct duplicating silver negative microfilm aperture Card of all executed iuFrovement plans and map. The DEVEKIWER agrees to pay the CITY from the development mare deposit the Cost for all prints of plans and Neap required under Item 23. 24. SUCCESSMS Ihis Af.RM4UTr skull bind the heirs, aftin:istrators, executors, successor, assignee and transferees of the DEVELOPER. The assignment of this AGREEMU shall not be made without ipproval by the City Council of the City of Cupertino. 10 ' h affixed tY teas moused its n� to 1, �,olutl. of the TRESS �"' CITYt� dulY aut2 ized by to be aff ixed its IN m`or City clerk, has mitred hi naa� City mil and �d abom D �e� the day and year .£first CS.m OF CUPERTM' proved as to farm: Mayor — C ty C .erklu City Attorney DEVEWPER: Sim of C®iitort3s Ss• c of 5 -__ -� ----- _ as s ,Pmtote me, :_-e� pemam*armed' pad to ma an tees at saas�ory evie)to be to its) n $) • tome gnat he►dSl W exea�d tt same in tt�fiedtl�ek�3t9tliartzed obsow to the e) kovamw to (a�W the wily UM bed a vMch Q* 0 an persor►!a) AL®/YA6mthqKmon9ft CAtNrI*,'1NF GRASS ;* C CMM # 7)096 } rf,lC - COY C1MA �. C,LARA COUNTY �