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HomeMy WebLinkAbout93-026 Miller, Larry 93-026 MILLER, LARRY CITY`OF CUPERTINO INTERDEPARTMENTAL Date Aug. 23 1993 To` CITY CLERK From PUBLIC ` ORKS--Sumi ❑ Information MESSAGE:— CARRY 14ILLER-11E35 UPLAND WAY (CC 8117/93) LJ Implement ❑ Investigate ❑ Discuss TRANSMITTED ARE THREE SETS OF AGREEMENT FOR PROCESSING. ❑ See me ❑ Reply — S]A 51,907 _ attach. Reply: SIGINED: DATE Forwan part 1 Retain part 2 _ �� AGREEMENT 11835 W, kW APN #366--03-050 This AGREEMENT made and entered into this ` day Of , 19 , by and between the CITY OF C UPF.I7rIN0, a municipal corporation of the State of California, hereinafter designated as CTI'Y, and ICY NELLM hereinafter designated as DEVELOPER. WITNESSETH YIDUUMS, Tim DEVELOPER has made application to the CITY for a PARCEL MAP AND BUIIDDG PEST to construct and maintain a SDiaE FMMY hereinafter referred to as "Project". WHEREAS, CITY hereby approves the inprovement plans and specifications prepared for the Project by NELSEN ENGINEERING a true copy of which inprovenient. 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, TBERESM, said inprovement plans and specifications shall be hereinafter called the "Plans", and the work to be done under the Plans shall be called the "Wank". File: 51,907 WHEREAS, pursuant to the provi siais of this AGRE UXUM, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following sch ,' le: SCHED(A E OF BONDS, FEES AND DEPOSITS Street Uprovement Category: PART A. Faithful PerfrMnance Bond: $129,493.00 PART B. Labor and Material Bond: $129,493.00 PART C. checking and Inspection Fee: $ 6,225.00 PART D. Indirect City Expenses: $ N/A PART E. Developwnt Maintenance Deposit: $ 1,000.00 PART F. Storm Drainage Fee: $ 5,431.00 PART G. One Year Power Cost: PART H. Street Trees: PART I. Map Checking Fee: $ 180.00 PART J. Park Fee: ZONE II $ 47,250.00 ACCW:480-416-022 PART K. Water Main Reimbursement Fee: PART L. Maps and/or Improvement Plans As Specified in Item #23 File: 51,9W 2 NM, MiERE FU E, rr IS HEREBY MUIUALZY AGREED by and between the parties hereto as follows, M WIT: 1. P,hMICATION A. The DEVELOPER offers to dedicate the real property shorn 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 hi 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 AGREE the DEVELOPER agrees to deliver a propeily 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 sole cost aryl expense, to the City: (1) A preliminary title report issued by a title insurance corpany 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 en=nbrances except those as the CITY shall expressly waive in writings said policy shall be furnished at the time of acceptance of dedication and recordation of dc-qd. C. Upon, the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREIImu, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION Or WORK It is further agreed that: A. The DEVELOPER shall install and co>plete the Work within one (1) Year from the date of execution of this AGREEM krr, 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 nmruier the CITY shall decide. In the event the Cc Ty conpletes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or bcth. 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 "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 betweem the State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the specifications of the CITY aril/or the Cupertino Sanitary District shall take precedes over arr3 be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT 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 ccnmencement 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 comnence. 4. QUITCIA11K DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his riots 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 OTHER SECURITY A. Upon the execution of this AGREEKENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful. performance of this AGREEKwr. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements are to be made under this AGREEMENT. In the event that improvements are to be made under this A+GREEM04I', 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 AGREEIMfr, 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 AGREEi` U or otherwise indemnify the CITY for the DEVELIDPERIS failure to so do. 4 B. In lieu of a surety bond, the DEVELOPER may elect to secure this ACC 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 instxument of credit meeting the requirements of Government (lode Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instnmext 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 cxnenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any imps 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 Koval of. the City Council. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council B. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. 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 any claim against such bond. D. Liability insurance, provided by the developer to hold the City harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 2. Schedule for Bond and Insurance Release for Cash, CD, Set-Aside Letter are as Follows: A. Release of 45% of bond upon acceptance by City Council. B. Release of additional 45% at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of remaining 10% at one year from date of acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. 5 D. Release of the liability insurance, provided by the developer or contractor to hold the City harmless in the event of liability arising frca the v.!bject project, at the end of one year if all, deficiencies have been corrected and in the absence of any claims against such insurance. E. No interest shall be paW on any security deposited with the CITY. 6. CI-iD UNG AND INSPEMON 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 cr.at DEVELOPER shall have deposited with CITY, prior to execution of this Aanaewr, the amount as set forth herein at Page 2 (Part C.) . Should construction cast 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. 7. IPJDIRBC r U(PENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution. of this AGRERMUM, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 8. MAP CHBCKENG FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENr, for office checking of final map and field checking of street monuments, in ccrpliance 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) . 9. DEVELOPMENT MAINIEWCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMUU, 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 imperfections arising out cf or due to faulty workmanship and/or mate-Yials appearing in sair� work during the period until release of the SW-ety bonds or other security permitted under paragraph 5.B by the CM. 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 surety bond or other security permitted under paragraph 5.B. 10. STORM DRAINAGE FEE It is further agreed that the DEWELOPER shall deposit with the CITY, prior to execution of this AGREENM, a storm drainage charge in connection with the 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) . 6 11. WATER MAIN EXTENSION DEPOSIT Zhe DENMIOPE:R 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. The deposit shall be: held by the CITY until said tones are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plar.. The amount shown herein. at Part K, Page 2, shall be the full amount due. 12. ONE YEAR POWER ODST It is further agreed that the DEVELOPER shall pay to the CITY prior to execution of this Ate, the amount as set forth he rem at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 13. niE T. dSTALLATION OF STREET TREES It is further agreed that the DEVELOPM 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 , tipulated 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 Plana and the City Standards and Specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replacer 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. 16. SANITARY DISTRICT It is further agreed that the DEVELOPER shall f ile with CITY, upon execution of this AGREEI+'IE n, a letter from the Cupertino Sanitary District stating that the DEVEMpER has entered into a separate AG I M Ir 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 performance 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 15 above has been filed. 7 '.7. GOV T' CODE It is further agreed that DDIEIDPER shall file with CITY, upon execution of this AG'REDUM, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government 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 Ate, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT' with said District tc install fire hydrants to ser.re 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 ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Coapany and/or to PACIFIC BELL Company 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 Pacif is Gas and Electric Cwqpany and/or Pacif is Bell Company that said fees are due and payable. 20. EASEMENTS AND RIGHT-OF-AAAY 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 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 prop to be taken and to be included in said sua 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 HARMLESS It is further agreed that, comwncing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maiiYtenance of the Work, the DEVELOPER shall irdermify, 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 norxfaraaanoe of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVE[DPER's agents, employees and independent contractors, except to the extent any of 8 the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'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 mks 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 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 -fficers, agents, and. employees of the CITY, individually and col'--Lively, have other insurance against the loss covered by said policy or policies, that oilier insurance shall be excess insurance only. The insurance carrier shall provide proof of their rdtings. All ratings shall be a minimum of "Best A-7" in accordance wi- h 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 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 AGRF.EMERr 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. The CITY shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the evidence of said foregoing policy of policies of Insurance 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 wakdivision of the State of California, the policies of insurance rerq fired herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above fcr the protection of the CITY shall equally apply to municipality and political subdivision. 23. MAPS AND/OR DWROVEMM PLANS It is further agreed that the CITY shall obtain the following nap and/or plans at the DEVELOPER'S expense: 9 A. A mylar sepia and seven (7) prints of fully eXeCUted parcel map- B. A mylar sepia and ten (10) prints of fully executed improvawnt plans. C. A direct duplicating silver negative microfilm aperture card of all executed iiVrovement plans and map. The DEVEMPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. SUCKS This ACREEMENr shall bind the heirs, administrators, executors, successor, assignee and transferees of the DEVEMPER. The assignnerit of this AGREMM shall not be made without approval by the City Council of the City of CUpextino. 10 State of__ California County of Santa Clara D. Taylor, Notary Public On 8-7-�3 before me. (here insert the name an titie of the officer),personally appeared L a r ry Miller _ 0,4It(Vr16u44 i6k�e(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(sjiSlare subscribed to the within instrument and acknowledged to me thaoe�shwthey executed the same irtj!,sMer,'their authorized capacity(ies)and that t is)hentheir signatures(s)on the instrument the person(s),or the entity upon behalf of which tha person(s),executed the instrument. WITNESS my hand and official sFal. Signature Print Name D.. T a Y to r — -- It r" +i.<4 ?r� t (feal) C - c r i;A C ':PA r (X)N1)' ivly Cc,?,^.L'-xpiras SLP 3,1496 E-47 V `x. IN WITNESS WHEREDF, CPPY has carried its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPEKTINO: Approved as to form: Mayor i City Attorney City Clerk D 1 TARRY ller Notary Acknowledgment Required Exhibit A Attached 1 11 0 1 - - Cft4 of Cu pe"i"D 10300 T.xre Avenue Cupertino,CA 95014-3 25 5 Telephone:1408)252-4505 FAX: (408)252-0753 DEPARTMENT OF THE CITY CLERK September 16, 1993 Larry Miller 11835 Upland Way Cupertino, California 95014 We are enclosing to you for your files and information one(1) copy of the agreement by and between the City of Cupertino and Larry Miller, which has been fully executed by city officials. If you have any questions, please contact the Department of Public Works. Sincerely, /1�L its /YL!11/U/ KIM MARIE SMITH CITY CLERK KS/cs Encl. RESOLUTION NO. 8944 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP OF PROPERTY LOCATED AT 11335 UPLAND 'WAY; DEVELOPER, LARRY M!LLER;AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP WHEREAS, there has been presented to the City Council for approval of the parml map of property located at 11835 Upland Way by Larry Miller; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curb, 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, THEREFORE, BE IT RESOLVED THAT a. Said parcel map herein referred to is hereby approved. b. The offer of dedication for street areas and all easements is hereby accepted. C. The City Engineer and the City Clerk are hereby authorized to sign said parce'A map and have it recorded. 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 17thday of august , 1993, by the following vote: f RESOLUTION NO. 3944 Vote Members of tine City Council AXES: Dean, Goldman. Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Nick Szabo Mayor,City of Cupertino ATTEST: /s/ Kim M. Smith City Cleric RESOLUTION NO. 9944 EXIBBIT "A" DEVELOPMENT: LARRY MILLER PARCEL MAP, SINGLE FAMILY BUILDING PERMIT LOCATION: 11835 UPLAND WAY A. Faithful Performance Bond: $129,493.00 ONE HUNDRED TWENTY NINE THOUSAND,FOUR HUNDRED NINETY THREE& 00/100 DOLLARS B. Labor and Material Bond: $129,493.00 ONE HUNDRED TWENTY NINE THOUSAND,FOUR HUNDRED NINETY THREE& 00/100 DOLLARS C. Checking and Inspection Fee: $ 6,225.00 SIX THOUSAND TWO HUNDRED TWENTY FIVE&00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: $ 5,431.00 FIVE THOUSAND FOUR HUNDRED THIRTY ONE&00/100 DOLLARS G. One Year Power Cost: H. Street Trees: 1. Map Checking Fee: $ 180.00 ONE HUNDRED EIGHTY AND 00/100 DOLLARS J. Park Fee: ZONE II:ACCT#480-416-022 $47,250.00 FORTY SEVEN THOUSAND TWO HUNDRED FIFTY&00/100 DOLLARS K. Water Main Reimbursement Fee: L. Maps and/or Improvement Plans As specified in Item 23 of Agreement