HomeMy WebLinkAbout93-027 Sethe, Harlan 93-027 SETHE, HARLAN
DOCUMENT: 13609228 Titles 1 Pages 3
. RECORDING REQUESTED 13Y l I
Fees No Fees
City of Cupertino �� r ry Taxes
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•0013509228r AMT r PA I D
WHEN RECORDED MAIL TO j
BRENDA DAVIS RDE # 006
City of Cupertino j SANTA CLARA COUNTY RECORDER 2/1 1/1997
10300 Torre Avenue Recorded at the request of 11 26 AM
Cupertino,CA 95014 C i t y
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
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NO ,FED 6a f GAD
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CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION,
HARLAN SETHE PROJECT, 11845 UPLAND WAY
SEPARATE PAGE FURSUANT TO GOVT.CODE 27316.6
10300 Torre Avenue
Cupertino,CA 95014-3202
c i t, t X (408) 77-3354
` FAX(408)777-3333
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public
Works and City Engineer of the City of Cupertino, California, do hereby certify that the
municipal improvements in conjunction with the
HARLAN SETHE PROJECT
11545 UPLAND WAY
have been completed in accordance with the approved improvement plans, and
acceptance of completion was ordered by the City C ncil on F bruary 3, 1997.
1
rector of P lic orks and
ity Engine , City of Cupertino
Date: February 4, 1997
Panted on Recycled Paper
VERIFICATION
I have reviewed this Certificate of Completion and to the best of my knowledge, the
information contained herein is true and complete.
I verify under penalty of perjury under the lu'.�s of the State of California, that the
foregoing is true and correct.
Executed on the 4th day of February, 1997, at Cupertino, California.
d..L'Z/mc Lam.
Deputy City Clerk
City of Cupertino
CITY OF CUPERTINO
INTERDEPARTMENTAL Date AUG. 25, 1993 —
To_ CITY CLERK From PUBLIC WORKS_Sumi
❑ Information MESSAGE: HARLAN SETHE--11845 UPLAND WAY_ (CC 81 IL93)- _
Implement
❑ Investigate TRANSMITTED ARE THREE SETS OF AGREEMENT FOR PROCESSING. . '
L) Discuss -
❑ see me — — — — --- -----
❑ Reply — —_
_ sm ,—
attach.
SIGNED: DATE
Forward part 1 Retain part 2
AGREEMENT
11845 UPLAND WAY
APN #366-03-051
This AGREEMENT made and entered into this _ day
of f J,-J , 19 y L► by and between the CITY OF
CUPERTINO, a =1nicipal corporation of the State of California, hereinafter
designated as CITY, and HMU.W SEm hereinafter designated as
DEVELOPER.
WITNESSETH
WHEREAS, THE DEVELOPER has made application to the CTI'Y for a PAS,
mAP hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by NELSEN ENGII+E2IM a true copy of which
improvement plans and specifications are on file in the office of the City
Engineer of Cupertino; and
tnBEREA5, the same are incorporated herein by reference, the same as
though set out in full;
NOW, THEREFORE, said improvenent plans and specifications shall be
hereinafter called the "Plans10, and the work to be done under the Plans
shall be called the "Work".
File: 51,980
i
WHEREAS, pursuant to the provisions of this AGREEMERr, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SC MXXZ OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: $ 27,128.00
PAR-r B. Labor and Material Bord: $ 27,128.00
PART C. Checking and Inspection Fee: $ 1,356.00
P.Wr D. Indirect City DWxses: $ N/A
PART E. Development MaintQxonce Deposit: $ 1,000.00
PART F. Storm Drainage Fee: $ 2,967.00
PART G. One Year Power Cost: $ 75.00
PART H. Street Trees:
PART I. Map Checking Fee: $ 180.00
PART J. Park Fee: ZONE II $ 31,500.00
ACCT#:480-416-022
PART K. Water Main Reimbursement Fee:
PART L. Maps and/or Improvement Plans
As Specified in Item #23
File: 51,980
2
NOW, TARE, IT IS HEREBY MLM A.T-LY 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 .hose 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 AGRP.E MENr the DEVELLPER 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 necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to
the City:
(1) A preliminary title report issued by a title insurance
ccenpany relating to the property offered for dedication.
(2 A standard policy of title insurance issued by a title
insurance covnpany 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 of acceptance of dedication and recordation of
deed.
C. Upon the condition precedent that the DEVELOPER shall perform
each and every covenant and condition of this AGREENIEYVT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and coaplete the Work within one (1)
year from the date of execution of this AGREEMERr, or such longer
period as may be specifically authorized in writing by the City
Engineer. In the ;:,vent the DEVEMPER fails or refuses to complete the
Work within the specified period of time, the CITY, at its sole
option, shall be authorized to ccuplete the Work, in whatever manner
the CITY shall decide. In the event the CITY ccaTpletes 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 couplete 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 affiance
with all Stag 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.
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C. It is further agreed that the Work shall be done in accordance
with the most current Sta-,xlard 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 opecifications, 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 cf such conflicting
portions.
3. EXCAVATION PERMIT
It is further agreed that the DE4MOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation
permit from the City Engineer before the coumiencement 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 conmience.
4. QUITCI..AIM DE®
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 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 C'I1IER SECURITY
A. Upon the execution of this AGREEMENT, the DEVELOPER shall file
with the CITY a faithful performances bond to assure his full and
faithful performance of this Ammon. The penal of said
faithful performance bond shall be the full cost of any payment to be
made under this AGREEKERr, the value of any land agreed to be
dedicated, and any improvements are to be made under this AGREEMERT.
In the event that improvements are to be made undue this AGREEMER ',
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 ccnpany
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
AGRLBYMNT, 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 AMU04D ' or otherwise indemnify the CITY for the
DEVELOPER'S failure to so do.
4
B. In lieu of a surety board, the DEVELOPER may elm to sWWe this
AaREEmEw by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified cock payable to the order
Of the City of CuPertim; 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
DOMDPER furnished the CITY with a surety bond. In the event that
the DEVELOP shall fail faithfully to perform the covenants and
conditions of this Ate, or to make any payment, or any
dedication of land, or any improve srts 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 approval of the City Council.
1. Schedule for bond and innsuranee 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 bees 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 fran the subject 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 s! -ill be paid on any security deposited with
the CITY.
6. CHECCEIJG AND INSPECTION 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 that DEVELOPER shall have deposited
with CITY, prior to execution of this AGREEr 4T, the amount 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.
7. INDIRECP EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to proc�.sing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. MAP CHECKING FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AGREEMENT, for office checking of final
map and field checking of street monuments, in conpliance 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 MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREEMENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and cloning during the construction 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 surety bonds or other security permitted under paragraph 5.B 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 surety bond or other security permitted under
paragraph 5.B.
10. STORM DRAIlQAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
Prior to execution of this AG UMEZ- Fr, 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
The DEVELOPER 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 monies are needed to implement improvements 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.
12. ONE YEAR POWER GUST
It is further agreed that the DEVELOPER shall pay to the CITY prior to
execution of this A+GRMUNT, the amount as set forth herein- at Page 2
(Part G) , which amount represents the power cast for street lights for
one year.
13. 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 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 ctipertino
Municipal Code.
15. N?INTENANCE 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 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 file with CITY, upon*
execution of this AGREE]Ks' r, a letter from the Cupertino 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 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
17.. GOVERNMOU CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGRM04T, ral stantial evidence that all
provisions of Section 66493, Articles 8, Chapter 4 of the Govei MMT'-
Code, pertaining to special assessments or bonds, have been complied
with.
18. CE RIRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY,
upon execution of this AMMKI I', a letter from the Central Fire
Protection District of Santa Clara County, stating that the
DEVELOPER has entered into an AGREEi U with said District to
install fire hydrants to serve said Project and stating that all.
neoessary fees have been deposited with said District to i;isure
installation and five (5) year rental fee of said hydrants.
19. PACIFIC GAS AND ELBC'IItIC/PACIFIC BELL
It is fl-ther agreed that the DEVELOPER shall pay to Pacific Gas
and Electric Company and/or to PACIFIC BELL, Ccapany 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 wing as provided in ordinance No. 331 of
CITY when DEVELOPER is notified by either the City Engineer or the
Pacific Gas and Electric cagaany and/or Pacific Bell Company that
said fees are due and payable.
20. EASEMMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary
for c mpletion of the Project shall be acquired by the DEVE OPF.R 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
ev�ment and right-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 stun shall be a reasom's-!e
allowance for severance damages, if any. It is further provide-d
that in addition thereto, such sums as may be required for legal
fees and costs, engineering, and other incidental cost-- in such
reasonable amounts as the CTTY may require shall be deposited with
the City of Gvpertino.
21. HOLD HA1411LESS
It is further agreed that, commencing with the performance of the
Work by the DEVELOPER or his contractor and continuing until the
cmpletion of the maintenance of the Work, the DEVELOPER shall
indemnify, hold hairless and defend the CITY from and against any or
all loss, cost, expense, damage or liability, or claim thereof,
oocasioned 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 DEvUDPER'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 members of the City Oouncil 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 officers, agents, and
exployees 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.
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 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 AGREE 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 Ir►surance
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.
23. MAPS AND/OR IKpF4DvEMERr PLANS
It is further agreed that the CITY shall obtain the following map
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
improvemw-Yt plans.
C. A direct duplicating silver negative microfilm aperttyre
card of all executed irgprovenent 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 Itett
23.
24. SUCCESSORS
Ibis AGREEMERr shall bind the heirs, administrators, executors,
successor, assignee and transferees of the DEVELOPER. The assignment
of this ACRE M Nr shall not be made without approval by the City
Council of the City of Cupertino.
10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193
State of _
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of Though statute does not require the Notary to
fill in the data below, doing so may prove
On /9 before m
Ir saluable to persons relying on the document.
_ �_
DATE 6AME,TITLE OF OFFICER-E.G..`JAN E,AOTARY LIC- INDIVIDUAL
❑CORPORATE OFFICER(S)
personally appeared NAME(S)OF SIGNER(S) -
TITLE(S)
Dpersonally known to me-OR, proved to me on the basis of satisfactory evidence ❑PARTNER(S) ® LIMITED
to be the person(s) whose name(s) is/are 0GENERAL
subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT
<..�., `cYpr•,,, knowledged to me that he/she/they executed ❑TRUSTEE(S)
the same in his/her/their authorized Ej GUARDIAN/CONSERVATOR
uc1TY ANNf ygT[N Comm. Nu capacity(ies), and that by his/her/their
�vcr9 nature(s) on the instrument the person(s),
W-)TA.Y PU[,tIC. OTHER: _
S. C,Llr'_,NIA - Sig
.t = SANTA CLARA COUNTY C or the entity upon behalf of which the
�'4" COmmission ,.f-,ires A,,ril 1, 1997 „ person(s) acted, executed the instrument. --
'� SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES)
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT _
THE DOCUMENT DESCRIBED AT RIGHT: j-
NUMBER OF PAGES L( DATE OF DOCUMENT
Though the data requested here is not required by law, c-
it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE
*1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 913M7184
IN WrWES.S WHERE1DF, CITY has caused its name to be hereunto of f ixed by
its Mayor and City Clerk, teeeunto duly authorized by resolution of the
city Council and said DEVELDPER has hereunto caused his name to be affixed
the day and year first above written.
CITY OF CrJPERJO:
Approved as to farm: < < c r
Mayor
_.� ��_�;�> '�� � 'r• ,f�Li'72�/t.Cd-Lt,<«;r;�Zt.���.
City Attorheyl City Clerk
DEVELOPER:
Harlan Sethe
Notary Acknowledgment Required
Exhibit A Attached
11
ON of cuperdifto
10300 Torre Avenue
Cupertino,CA 95014-3255
Telephone: (4081 252-4505
FAX: (408)252-0753
DEPARTMENT OF THE C11Y CLERK
September 16, 1993
Harlan Sethe
11945 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 Harlan Sethe, which has been fully executed by city
officials.
If you have any questions, please contact the Department of Public Works.
Sincerely,
f� �s
KI M MARI E SMITH
CITY CLERK
KS/cs
Encl.
1KRUMESOLU'TION NO. 8945
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING PARCEL MAP OF PROPERTY LOCATED AT 11845 UPLAND
WAY; DEVELOPER, HARLAN SETHE;AUTHORIZING EXECUTION OF
IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP
WHEREAS, there has been presented to the City Council for approval of the
parcel map of property located at 11845 Upland Way by Harlan Sethe;and
WHEREAS, there has been presented to the City Council a proposed agreement
for the construction of streets, curbs, 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
& 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
parcel 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 17 t h day of Augus t , 1993, by the following vote:
RESOLUTION NO. 394S
Vote Members of the City Council
AYES: 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 Clerk
RESOLUTION NO. 9945
EXHIBIT "A"
DEVELOPMENT: HARLAN SETHE
PARCEL MAP APPLICATION
LOCATION: 11845 UPLAND WAY
A. Faithful Performance Bond: $27,128.00
TWENTY SEVEN THOUSAND ONE HUNDRED TWENTY EIGHT&001100 DOLLARS
B. Labor and Material Bond $27,128.00
TWENTY SEVEN THOUSAND ONE HUNDRED TWENTY EIGHT&00/100 DOLLARS
C. Checking and Inspection Fee: $ 1,356.00
ONE THOUSAND THREE HUNDRED FIFTY SIX&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: $ 2,967.00
TWO THOUSAND NINE HUNDRED SIXTY SEVEN&00/100 DOLLARS
G. One Year Power Cost: $ 75.00
SEVENTY FIVE AND 00/100 DOLLARS
H. Street'frees:
1. Map Checking Fee: $ 180.00
ONE HUNDRED EIGHTY AND 00/100 DOLLARS
J. Park Fee: ZONE II:ACCT#480-416-022 $31,500.00
THIRTY ONE THOUSAND FIVE HUNDRED&00/100 DOLLARS
K. Water Main Reimbursement Fee:
L. Maps and/or Improvement Plans As specified in Item 23
of Agre anent