HomeMy WebLinkAbout93-028 Gheno, Harold L. & Antonio M. 93-028 GHENO, -HAROLD L. & ANTONIO M.
rs. srj, $�. M808PAGE 1680 11931799
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RESOLUTION NO. 8855
95014 g,
,i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT
NO. 8511, LOCATED SOUTH BLANEY AVENUE, APN 369-04-002;
DEVELOPER, HAROLD L. GHENO AND ANTONIO M. GHENO ACCEPTING.
CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND
IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN
CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval and
authorization to record final map of Tract No. 8511, located on South Blaney Avenue,
adjacent to Wilson Park, showing certain avenues, drives, places, and roads by Harold L.
Gheno and Antonio M. Gheno; 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 with the
provision that all fees,bonds, reimbursements,cash deposits, and installation of
improvements shall be deferred as more particularly described in the agreement and as
previously approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said final map and improvement plans of Tract No. 8511, be and the same
are 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 City Engineer is hereby authorized to sign the improvement plans.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of April > 1993, by the following vote:
,, THIS IS TO GER11Fy'THi'-r Ir 4 %V11 HIN
INSit<1._!�1}!'JT i�',Al'RRJE 'VJ C'1ip4t=iTC'[:('Y
111C JRISINAL.
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ATTC_ST .6 15�
GiTY CLER >L THE CITY Or CJP '��'riNO
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RESOLUTION NO. 8855
i
Vote Members of the City Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSEieTI': None
ABSTAIN: None
APPROVED:
/s/ Nick Szabo
Mayor,City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
M808PAGE 1682
TRACT' AGREBIEW AID CUVEw*T W
RUIRn2c W`M THE LAND
BLI+NEY AV94M, APN #369-04-002
r
This AGREEmEdr, made and entered into this ` _day
Of � .� , 19 , by and between the CITY OF CUPEEMM, a
municipal corporation of the State of California, hereinafter designated as
CITY, and ERTUD L. GEIM & ANTC0I0 M Qom, successor trustees of the
Edith B. Gheno Family Trust, dated March 18, 1988, hereinafter designated
as DEVEIDPER.
W I T H S S E T H
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 TMCr 8511,
Cupertino, California, hereinafter designated as the "Tract"; and
('tract Map Attached)
WHEREAS, said map shows certain 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 IIER & TiaUCM, 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: 51,968
. r
M808 ?a GE 1683
SEAS, pursuant to the provisions of this Ate', the CITY herebY
established the amounts of Bonds, Fees, and Deposits as set forth, in the
following schedule:
SaMXM OF BONDS, FEES AND DEPOSITS
PART A. Faithful Performwyx! Hone: $44,468.00
FOMY FOUR THOUSAND FOUR HUNDRED SIXTY EIGHT
DOLLARS AND 00/100
PART B. labor and Material Bond: $44,468.00
FORTY FOUR THOUSAND FOUR HUNDRED SIXTY EIGHT'
DOLLARS AND 00/100
PART C. Checking and Inspection Fee: $ 2,223.00
TWO 'THOUSAND TWO QED TWENTY THREE DOLLARS AND
00/100
PART D. Indirect City Expenses: $ 334.00
THREE HUNDRED THIRIYY FOUR DOLLARS AND 00/100
PART E. Map Checking Fee: $ 220.00
TWO HUNDRED TWENTY DOLLARS AND 00/100
PART F. Development Maintenance Deposit: $ 3,000.00
THREE THOUSAND DOLLARS AND 00/100
FART G. Storm Drainage Fee: $ 1,935.00
ONE THOUSAND NINE HUNDRED THIRTY FIVE DOLLARS AND
00/100
PART H. One Year Power Cost: N/A
PARS I. Street Trees: BY DEVELOPER
PART J. Park Fee: Zone II $141,750.00
Acct #480-416-033
ONE HUNDRED FORPY ONE THOUSAND SEVEN HUNDRED
FIFTY DOLLARS AND 00/100
PART K. Water Main Re' : N/A
PART L. Maps and/or Ixprovement Plans:
AS SPE=F'IED IN IM #23
File No: 51,968
Page 2
M808PAGE 1664
6 UMMS, DEVELOM desires to reoar3 the final soap, and wishes to
defer payment of fees, bonds, cash deposits, installation of ii ,
and re.hWmrsemoents ,mti1 time first lot is sold or the f irst building
permit is applied for, whichever comes first,
WMUMS, CITY has authorized Said deferment in oonjtnlction With those
vertain agreements executed between the CITY, CH ENO, AND THE C[IPERR'INO
UNicN Smom Dismaer, which are attached as Exhibit B.
2a
Me09 "AGE 1665
MW,' Tf1ERMRE, IT IS HEREBY MVLVAI.LY AGREED by and between the
parties hereto as follows, TO WIT:
1. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and ccmplete the Work within one (1)
year from the date of the sale of the first lot or the first building
permit application, whichever coshes first, 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 3a-1 whatever manner the CITY shall decide. In the event
the CITY completes 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 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 performed under the inspection
and with the approval of the City Engineer. The Work shall be done in
accordance with the existing ordinances and resolutions of the City of
Cupertino, 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 thereto.
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.
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 EYigineer.
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 of such conflicting portions.
2. EXCAVATION PEF44IT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinarnx-,- No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the comTexxxmient 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 ccmyenoe.
Page 3
M808PAGE 1686
i. QI,TTCuum 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 underground strata lying beneath
said project and DFAMOPER agrees to exegete a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature.
4. BONDS AND OTHER SECURITY
A. Upon the execution of the AGREEMENT, the DEVELOPER shall file with
the CITY a faithful performance bond to assure his full and faithful
performance of this AGREMM. The penal sum of said faithful performance
bond shall be the full oast of any payment --o be made under this
AST, the value of any land agreed to be dedicated, and any
improvements to be made under this AGREEM4T. In the event that
improvements are to be made under this AGREEMNT, the DEVELOPER OPE:R 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 improv+envnts. 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
bhe 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 Ate, 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 A REE MEKP or otherwise indemnify the CITY for the DE UDPE R I S failure
to so do.
B. in lieu of a surety bond, the DEVELOPER may elect to secure this
AGRffiMERr by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certifit— 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 cagi, decks, oertificate of deposit, or
.instrument of credit shall be as designated by the City Engineer, and
shall be the equvalent to that which would have been required had the
DEVELOPER furnisheo the CITY with a surety bond. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGPIMvMqT, 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 band, cash deposit, cdieck, or certificcte of
deposit, shall be made except upon approval of the City (3x=il.
E. No interest shall be paid on any security deposited with the CITY.
Page 4
MP08PAGE 1687
5. CESC K NG 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 AGREE KENT, the amourTL as set forth herein
at Page 2 (Part C) . Shou)d construction cost vary materially frcm the
estivate from which said stun is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and awing as a result thereof.
6. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this ArRRE MENT, indirect tense allocable to processing
these improvements, the ammMt as Set forth herein at Page 2 (Part D) .
7. MAP FILING FEE
It is further agreed that the DEVELOPER shall deposit with City, prior
to execution of this AGREEMERI', for office checking of final map and field
checking of street monuments, 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 (Part E) .
8. DEVELOPMENT ENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGRF.R4EM, the amount set forth herein at Page 2
(Part F) 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 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. 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 improvement bonds.
9. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of the AGREEMENT, 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 CDu-'T
It is further agreed that the DEVELOPER shall pay to CITY prior to
Execution of the ACYRF.EMENT, the amount as set forth herein at Page 2 (Part
H) , which amount represents the ever 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
from the City approved list.
Page 5
MR08PAGE 1688
12. 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
"Park Dedication Ordinance" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein. Fees are also in accordance with
action adapted by the City Council on March 19, 1991, and Section 18-1.602
of the Cupertino h'anicipal Code.
13. MAIWENANCE OF WORK
It is further agreed that the DEVELOPER 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 tine Plans and the CITY 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 w-id/or materials appearing in said
Work.
14. SANITARY DIS MCr
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this ACC, a letter from the Cupertino Sanitary District
stating that the DEVELOPER has entered into a separate AGREWMiri 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 13 above has been filed.
15. BUSINESS AND PROFESSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMEar, substantial evidence that all provisions of
Section 11603, Article 8, Chapter 4 of the Business and Professions Code,
pertaining to special assessments or bonds, have been complied with.
16. CENTRAL FIFE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of the AGREEMEUr, a letter from the Central File Protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an AGREEMERr 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. SrREE7r IJGH I`ING - P.G.and E. RATE SCHEDULE 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
M "A GE 1689
18. PACIFIC GAS AND ELDCTRIC/PACIFIC BELL
It is further agreed that the DEVEU3PER shall, pay to Pacific Gas
and Electric Conpany and/or to PACIFIC BELL any and all fees required for
installation of overhead and/or underground wiring circuits to all
eleckroliers 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
Conpany and/or PACIFIC BELL that said fees are due and payable.
19. EASIIMM AND RIGU RIGHT-OF-41P AY
It is further agreed that any ant and right-of-way necessary for
completion of the Project shall be acquired by the DEVELOPER at his own
cast and expense. It is provided, however, that in the event eminent
domain pzroceedings 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 lard proposed to be
taken and to 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 fee , and casts,
engineering, and other incidental cats in such reasonable amounts as the
CITY may require shall be deposited with the City of Cupertino.
20. HOLD HARMLESS
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 it-demnify, 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, m playees and
indeperxient contractors.
21. 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 Council of the City of Cupertino,
individually and collectively, and the officers, agents arxxi 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 stag in the declarations, and if the
City, its members of the City Council individually and collectively, and
the officers, agents, and enployees 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.
Page 7
M80SPAGE 1690
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 00MUTWIce, Property damage, $50,000 on
account of any one occurrence ce 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 ACC 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.
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
equally apply to municipality and political subdivision.
22. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies `
required to cooply with "Policy on Water Main Extensions Work and
Deposits: dated September 9, 1977. 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 an adopted Water
Master Plan.
The amount shown herein at PART K, Page 2 shall be the full amount
due.
23. MAP AND/OR DUTOVEMENT PLANS
It is further agreed that the CITY shall obtain the following map
aril/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 iuprovement
plans.
C. A direct duplicating silver negative microfilm aperture card of
all executed improver nt 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 Item 23.
24. TERMS AND OONDITTONS
It is further agreed that the above named terms and conditions for the
said Tract shall bind the heirs, successors, administrators or assigns of
the DEVELOPER. The assignment of this AGREEKW shall not be made without
approval by the City Council of said CITY.
Page 8
MR 0
91
` ► .
o.: 25. DEF1394EM AM 1'1SE T3
All -' bonds, fI•� d -:==+i1.=?-' �• cash deposits '.fir:"'• •c•. far in
this agreement, which would ordinarily be paid to the City 143cn
e••r • _ •n (of the final map - deferred I - time o.
portion of Ttact 8511 is sold, hypothecated or ercuRbered.
Prior to, or IrfiMj3Cran80WIy with the cccurrence of said tole, er,
hypothecation, or ==bxwxx--, all said few, reimbLwsemmts, and cash
•.:�•�:... shall beacme, due and • ...•. to the City. Failtwe to
City of any building permits for omistruction of any iiVrovement an the
subject PrcpexIt-Y-
make said payment above described ccnstitutes a basis for demal by the
The obligations to pay fees, bonds, iubirsements or cash deposits
under the agreement, are intended by the parties to canstitute covenants
rmiincjwith the land.
Of ice ofthe1.•'. I of of Ca •
Vkm all obligations to pay fees, bonds, reimbursements or cash
deposits
under this agreement have been met t1te City will release the
covenant runningwith the land.
C '
Sa
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- N
F
r
ALL-PURPOSE ACKNOWLEDGMENT NO zaJ
v : State of CAL0MMOVA _ CAPACITY CLAIMED BY SIGNER
County of SAA09f CtA/em ❑ INDIVIDUAL(S)
❑ CORPORATE
On�$O . X.before me, 7' ra foV11-AAU WV",V}'AWIL OFFICER(S). _
DATE NAME,TITLE OF OFFICER-E. .,'JANE DOE.")TARY PUBLIC' TITLE(S)
��w .�� ❑ PARTNER(S)
personally appeared +--dC� C. 4#F/V0VQ ❑ ATTORNEY-IN-FACT
NAME(S)OF SIGNER(S) XTRUSTEE(S)
�( personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person(s) whose name(s) is/are ❑ GUARDIAN/CONSERVATOR
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed !7 OTHER:__
r )c) i._aI the same in his/her/their authorized
F.TEED L.i:iLSCA capacity(ies), and that by his/her/their
'W M)TARY P05L}C-rm` �J I MA signature(s)on the instrument the person(s),
- saNTa cLAc b ccxfTr orthe entity upon behalf of which the person(s) SIGNER IS REPRESENTING:
CI"SSION W.NOV.20.1 TJ Xi NAME OF PERSON(S)OR ENTITYQES)
tIV C
w_4 ` acted, executed the instrument.
Witness my hand and official seal. VVrM R,
StfiNATURE OF N07 RY
M808PAGE 0 692
IN WJUMSS WRWF, CITY has caused its name to be hez affi d by
its Mayor and City Clerk, theretnto duly authorized by, resolutim of the
City Council and said DEVELOPER has hereunto caused his name to be affixed
the day and year first above written.
CITY OF CUPER INO:
Approved as to form:
City Attorney CI cl
DEVELOPM.'
4--Yoh�,
Notary Acknowledgment Required-
1 Page 9
�- MR08 't sE 1693
REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made on Vt 1991, by and
between the CUPERTINO UNION SCHOOL DISTRICT, a local agency of
the State of California ( the "District") , the CITY OF CUPERTINO,
a municipal corporation of the State of California (the "City") ,
and HAROLD L. GHENO and ANTONIO M. GHENO, TRUSTEES, EDITH E.
GHENO FAMILY TRUST ("Gheno") .
RECITALS
A. District owns fee title to that certain trac- of
land situated in the City of Cupertino, Santa Clara County,
California, generally known and described as Tract No. 8332 (the
"Property") .
B. District has sold a portion of the Property
consisting of 5.6 acres to City for a park (the "Park Site") .
C. District and City propose to perform certain work
of improvement on the above tract as specified in the Agreement
attached hereto and incorporated herein as Exhibit A (the
"Improvements") .
D. Gheno is the owner of an adjacent tract of land to
the west of the Property bounded by South Blaney Avenue on the
west, Hall Court on the south, Parkside Lane ' on the east and
Rodrigues Avenue on the north (the "Gheno Property") .
E. Gheno proposes to develop the Gheno Property and
the Improvements will therefore benefit the Gheno Property as
well as the Property.
1
WHOit lc'j!7i IT Mfg
Moa ?sG 1694
F. City has agreed to lease from Gheno and Gheno has
agreed to lease to the City a portion of the Gheno Property for
use as a parking lot for the park until City develops a parking
lot on the Park Site pursuant to the Lease attached hereto and
incorporated herein as Exhibit H.
G. In consideration for this lease, City and
District have agreed to advance the costs of the Improvements
which benefit the Gheno Property.
H. Exhibit C, identifies the portions of the
Improvements which benefit primarily the District, the City and
Gheno.
I. The District shall be entitled to reimbursement
from Gheno of thirteen percent (13%) of its costs of the
construction of the Improvements, but not more than Seventy-five
Thousand Dollars ($75,000) , upon the filing by Gheno of a tract
map for the Gheno Property or any portion thereof.
J. The City shall be entitled to reimbursement from
Gheno of thirty-two percent (32%) of its costs of the
construction of the" Improvements, but not more than Sixty-nine
Thousand Dollars ($69,000) , upon the filing by Gheno of a tract
map for the Gheno Property or any portion thereof.
NOW, THEREFORE, in consideration of the covenants
contained in this Agreement, the parties hereto mutually covenant
and agree as follows:
GENERAL REQUIREMENTS
1. 1 The District and City shall, at their own cost
2
ii
s
M808PACF 1695
and expense, complete all of the Improvements covered by the
Agreement, Exhibit A hereto, at an estimated cost of Seven
Hundred Six Thousand, Seven Hundred Ninety-eight Dollars
($706,798) .
DEFINITION AND OWNERSHIP OF IMPROVEMENTS
2. 1 The term "Improvements" means the development work
required by the final improvement plans for Tract no. 8332
including streets, curbs, gutters, sidewalks and underground
utilities, referenced in the Agreement, Exhibit A hereto, and
indicated on Tract map no. 8332, Exhibit D hereto. The
Improvements shall be shown in detail on an improvement plans,
profiles, and specifications that have been or are being prepared
by one or more registered civil engineers acting dor the
Distract.
PAYMENT
3. 1 The District and City shall be reimbursed and paid
a share of the costs and expense of construction of the
Improvements by Gheno as follows:
A. The costs of thirteen percent (13%) of all labor
paid for, including payroll insurance and taxes, and all other
costs and expenses incurred by the District for construction of
the Improvements, but in no event more than Seventy-five Thousand
Dollars ($75,000) , will be reimbursed by Gheno to the District
upon Gheno's development of his property and District's delivery
to Gheno of a statement of District's costs and expenses for the
construction of the Improvements and of the amount due from
3 LL
r ,�
-- M8084GE 1696
Gheno.
B. Thirty-two percent (32%) of the costs paid by the
City to the District for construction of the Improvements, but in
no event more than Sixty-nine Thousand Dollars ($69,000) , will be
reimbursed by Ghenc to the City upon Gheno's development of his
property and City's delivery to Gheno of a statement by the City
of the amount of the costs and expenses of the construction of
the Improvements paid by the City and of the amount due from
Gheno.
3.2 Books and Records. The District shall keep and
maintain accurate books of account and records of all of its
business transactions under this agreement. Gheno shall have the
right to review these books of account and records at the offices
of the District during normal business hours on reasonable
notice.
GENERAL PROVISIONS
4. 1 Entire Agreement. This agreement represents the
entire understanding of the parties and supersedes all previous
negotiations, written or oral, and may not be altered, changed,
amended, or modified except by an agreement in writing signed by
the parties.
4.2 Notices. Any notices and demands under this
agreement shall be in writing, and shall be deemed given and
received forty eight (48) hours after deposit with the United
States Postal Service, postage prepaid, addressed to the parties
as follows:
4
1697
To The District at: Associate Superintendent,
Business Services
Cupertino Union School District
10301 Vista Drive
Cupertino, CA 95014
To the City at: Director of Public Works
10300 Torre Avenue
Cupertino, CA 95017
To Gheno at: harry Gheno
5 Cypress Court
San Carlos, CA 94070
Each patty shall have the right by notice in writing given to the
others pursuant to the provisions of this paragraph to change,
from time to time, the respective addresses at which notices or
demands shall be given. Statements for reimbursement or payment
shall be delivered as set forth in this paragraph. Payments
delivered as set forth in this paragraph need not be accompanied
by any other written notice.
4.3 Applicable Law. The laws of the State of
California shall govern this agreement and any breach of this
agreement.
4.4 Binding effect. The terms and conditions of this
agreement shall be binding upon, and inure to the benefit of, the
parties hereto and their respective successors and assigns.
5
M®® 8PAGE 1699
IN WITNESS WHEREOF, the parties have executed this
Agreement the day and year first above written.
Dated: The City of Cupertino
By: AL:�L-
Mayor'
Dated: to l� The pert n of District
By•
Dated:J to- �� Harold L. Gheno, Trustee,
Edith E. Gheno Famil Trust
By: zAamAA
Dated: Antonio M. Gheno, Trustee,
Edith Gheno Family T st
By: Wr
ave.
i
1
Citf Clerk
Approved as to form:
City Attorney
6
M808PAGE 1699
Page 1 of 5
Exhibit "A"
AGREEMENT
[Agreement between City and District for City to reimburse
District for improvement costs shall be labeled Exhibit A and
attached here upon execution. ]
7
M909pyGE1700
Page 1 of 8
Exhibit "B"
LEASE
(Lease between City and Gheno for City lease of Gheno property
for park parking lot shall be labeled Exhibit B and attached
here upon execution. )
8 99
EX fild
�- "808PAGE1101
EXhibit "Dn
Final Map for Tract 8332
e 1 • ►• / •et Q• A I` ' a
A � p .�'r:.0 -�_ r .,------==--__�__�_�_�-----=------- --- Page 1 of 1
1 fit �•-,. � �� �,b� � '.� � _ , •..arrraew• '�' - ... � h•®.a"�J ..
4 •{ i i ►E s1se.� 16 17► - `)8 ��+� Exhibit "Cff
1+ PIZ 20ao
_T- SCHEDULE '
q F.E.2058 ¢e°� .. ►.E 206.0" 3':�.g� �N!w.o o+•s a�
-- I f 1 �-,, • _ - �: /J ` -� �•,•r. ,,, �'v salD I-rpvnwo u.ON COW COST Improvements for Tract 8332 c n d
i �
coav Schedule of the Parties
:i9�. •r
♦� I { 1 r/
�t� y�- . � - sr��a,e�o voo�+ asT cosT Responsible f c r the Costs
I t I Pt 20a9 I S I J r �>a' ` �o°.a.m� G (TO!E Sa�D 8v t.{�7+0)
.• P E. 206.1 1 f �'•a
SCNED IV•CITY OF C COST
(TO 9E aErI srEriO)
_ \ sFcnON e.r,
14
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It �- _- I i I j TRACT-NO. E»2 ��z' :- '�C- ..•1
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EXIST. TRACT NO. 7757 II11
C 111 I
1 0 EXIST-LANDS OF GNEirO— ill _
F C ^_ ill I I l•_ ..
S) 4— ( I EXIST.TRACT NO.6tt7 r•, r=
� � •111 -.x �I a.o•a�
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it, s'x r_s �/7f 014 I (—_ I .` 11 r L TYPICAL SIDE YARD TYPICAL CORNER L(
); [./-N°s �c.ED *` iz SIDE SECTION
�W III V SECTION
r�U OJ .1 101 I of s ILM
f 3
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/// ,!r :ew As /r.'.:x,z«-nr..�.a7 fa1[r I � 1 ,e,.. I • f 1 -
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�►I ! 0 APO:PION 10 OWlf sA'B/D i �_ I I ; n•1 savl►� [-G" �.o' _-
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I
M808PAGE 1704
Page 1 of
Exhibi'%-. "C"
AGREEMENT
(Agreement between City and District for City to reimburse
District for improvement costs shall be labeled Exhibit C and
attached here upon execution. ]
12
Ab
K808PACE 1705
AGREEMENT
THIS AGREEMENT, ENTERED INTO ON 1991 BETWEEN
CITY OF CUPERTINO, a body
politic and a municipal
corporation of the State of
California, referred to herein
as "CUPERTINO" .
AND
THE CUPERTINO UNION SCHOOL.
DISTRICT, a local agency of
the State of California,
referred to herein as
"DISTRICT" .
RECITALS
(1) CUPERTINO and DISTRICT contemplate construction of
the improvements required by the final improvement plans for
Tract No. 8332 including streets, curbs, gutters, sidewalks and
underground utilities, referred to herein as "PROJECT", and
desire to specify the terms and conditions under which this
project is to be installed, financed and maintained.
(2) THE DISTRICT will act as lead agency. The
DISTRICT, CUPERTINO and GHENO will share the expense of
preparation of plans and specifications, construction
engineering, construction costs .and necessary equipment purchase
required to complete the PROJECT. CUPERTINO and DISTRICT will
bear the full cost subject to reimbursement by GHENO of his share
of that expense pursuant to the Reimbursment Agreement, Exhibit A
hereto.
SECTION 1
CUPERTINO AGREES:
To pay DISTRICT within thirty (30) days of receipt of
billing therefor (which billing will be forwarded after December
1991) an amount to twenty-two percent (22%) of the final
construction costs or One Hundred Sixty-seven Thousand Dollars
($167,000 ) whichever is less. An example of the schedule is
shown below as Exhibit B and incorporated herein by this
reference. In no event shall CUPERTINO's total obligation for
said costs under this Agreement exceed the amount of One Hundred
Sixty-seven Thousand ($167, 000) provided that CUPERTINO may, at
its sole discretion, in writing, authorize a greater amount.
1
�� 11 11 6
M808PAGE 1706
• a
SECTION II
DISTRICT AGREES:
(1) To provide advertisement, bid opening, award of
the contract, contract administration and all necessary
construction engineering services for the PROJECT.
(2) Prior to advertisement for construction of
PROJECT, to submit said plans and specifications to CUPERTINO for
review and concurrence as to conformity to CUPERTINO's standards
and/or existing facilities.
(3) To construct the PROJECT by contract in accordance
with the plans and specifications of DISTRICT.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) Neither CUPERTINO nor any officer or employee
thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
DISTRICT under or in conjunction with any work, authority or
jurisdiction delegated to DISTRICT under this Agreement.
Pursuant to Government Code Section 895.4 , DISTRICT shall fully
indemnify and hold CUPERTINO harmless from any liability imposed
for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by
DISTRICT under or in conjunction with any work, authority or
jurisdiction delegated to DISTRICT under this Agreement.
(2) Neither DISTRICT nor any officer or employee
thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be dome by
CUPERTINO under or in conjunction with any work, authority or
jurisdiction not delegated to DISTRICT under this Agreement.
Pursuant to Government Code Section 895.4 , CUPERTINO shall fully
indemnify and hold DISTRICT harmless from any liability imposed
for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by
CUPERTINO under or in conjunction with any work, authority or
jurisdiction not delegated to DISTRICT under this Agreement.
(3) Should any portion of the PROJECT be financed with
Federal funds or State gas tax funds, all applicable procedures
and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
M808PAGE1707
(4) After opening bids for the PROJECT and if bids
indicate a cost overrun of no more than ten percent (lo%) of the
estimated cost of Four Hundred Fifty-three Thousand Dollars
($453,000) , DISTRICT may award .:he contract.
(5) If, upon opening of bids, it is found that a cost
overrun exceeding ten percent (10%) of the estimate will occur,
CUPERTINO and DISTRICT shall endeavor to agree upon an alternate
course of action, such as proportional increases in the financing
by each party. DISTRICT shall no be obligated to award the
contract unless such agreement is reached. Notwithstanding any
such overrun, DISTRICT may award the contract, without consent of
CUPERTINO, if DISTRICT agrees to assume financial responsibility
for the cost overrun.
(6) In the construction of said work, DISTRICT will
furnish a representative to perform the usual functions of; a
Resident Engineer.
(7) DISTRICT shall require any contractor awarded a
contract for any portion of said PROJECT to secure and maintain,
in full force and effect at all times during construction of said
PROJECT and until said PROJECT is accepted by DISTRICT and
CUPERTINO, public liability and property damage insurance in
forms and limits of liability satisfactory and acceptable to
DISTRICT and CUPERTINO, naming CUPERTINO and DISTRICT and their
respective officers, agents, and employees as insureds, from and
against any and all claims, loss liability, cost or expense
arising out of or in any way connected with the construction of
said PROJECT and to indemnify and hold harmless those entities
and individuals from all such liabilities.
(8) CUPERTINO hereby grants to DISTRICT and its agents
and contractors all necessary authority to perform within the
boundaries of CUPERTINO any and all work required to perform the
terns of this Agreement upon securing all necessary permits from
City and other agencies.
(9) This Agreement shall terminate on September 30,
1991 , if DISTRICT has not awarded the contract for the
construction of the PROJECT prior to that date. Otherwise, this
Agreement shall. terminate upon receipt' of CUPERTINO ' s
reimbursement as specified in Section II.
r3
M808PAGE 1708
CITY OF CUPERTINO CUPERTI UNION OOL 'DISTRICT
BY: A By:
Mayor
Attest: Attest:
C y Cie Cleric of the Board
of Trustees
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGALITY: LEGALITY:
City Attorney Counsel
4
uAldBI
��
: 1709
EXHI1BIT A
REIMBURSEMENT AGREEMENT
(Agreement between City, District and Gherno for Gheno to
reimburse District and City for improvement costa shall be
labeled Exhibit A and attached here upon execution of
Reimbursement Agreement.
5
Ak s C
,y
Supetdntenftnt PaMda A.Lamson
Board of Education .loan C.Barram
MWAOW S.chat/
Steven C.Coss
Sa
C+ A% ndra L James
Cupertino Union School District ---- Tommy G.Shvre
10301 Vista Drive • Cupertino.CA 95014-2091 . (408)252-3000 • Fax(4os)25s-4450
Cupertino
August 3, 1992
REIORt ON EXEENDM 1RES& 'tS[X HRH THE DEVEt.01 MENr
OF THEFQgMER W=XHQM SR -
TO WHOM rr MAY CONCERN:
This Is to verify that the Controller and the Senior Accountant of the Cupertino Union School
District have audited this report. It is their finding that each cost has been properly incurred
and is a proper charge against the project.
Karen Peterson, Fran Ellis,
Controller Senior Accountant
EQUAL OPPORTUNITY EMPLOYER
SCMSDULe3 1 b 3 DETAIL:
- Y
DISTRICT PAYS - SCHEDULE 1 GHENO PAYS DISTRICT • SCH. 3 SCHEDULE 1 & 3 TOTAL
•� BUDGETI ACTUA VARANCE BUDGE ACTUAL VAR!ANCE BUDGE ACTUAL VARIANCE
Street trprovemerts 281.113 333.251 .52,138 40.604 40,604 0 321.717 373.855 52.138
Sari'ay Area Fees 1.370 1.370 0 0 0 0 1.370 1.370 0
Waver 27.733 32.618 4.885 6.936 8,157 -1221 34.669 40.775 -6,1CS '
Kier& Wright 23.177 31.611 -8.434 3.463 4,723 -1260 26.640 36,334 .9,694
Sari'ay inspection 3.219 3.219 0 481 481 0 3.700 3,700 0
PG&E 59.920 50.423 9.497 7,790 6.723 1067 67.710 57.146 10.564
Soil Er+gineer 2,575 6.321 .3,7e6 385 945 -560 2,960 7;266 -4.306
Bid Ccs's 322 54 268 48 8 40 370 fit 308
Over'--ead 49.1,68 3,692 45,476 7,347 552 6795 56,51.5 4.244 52,271
Sub-Iota! 443.5971 462,559 -13.962 67,054 62,193 4,861 515.651 524.752 -9,101
CITY FEES
Cfeckirg & Inspection 12,028 12.028 0 1.797 1,797 0 13.825 13,825 0
Indeact Ciy Expense 3.219 1.804 1,415 481 270 211 3.700 2.074 1.626
Neap Filing Fee 102 102 0 0 0 0 102 102 0
One Year Power Cost 1.621 162 0 24 24 0 186 186 0
Sub•Iotal 15.511 14,096 1.415 2,302 2,091 211 t 17.813 16.187 1.626
Total Direct Exp. 464.108 476.655 -12,547 69,356 64.2S41 5,072 S33.464 540.939 .7,475
6.6% Indirect Charge - 31.459 .31454 - 4.243 -4,243 - 35.702 •35.702
TOTAL 464,108 SC8.114 -44.006 69.356 68,527 829 533.464 576.641 -43,177
a
SCHEDULE I:
Total Dis:r';ct Exp. corpared to total program exp.: $508.114 div;ded by $738,344 = 69-1y. CID
CD
M
SCHEDULE 3 ..�
Total G`eno exp. compared to to'at program exp.: $68.527 divided by $,:i8,344
now
i
klF EDULeS 2 & 4 DETAIL: • .
MY PAYS DISTRICT - SCHEDULE 2 GHENO PAYS CITY - SCHEDULE 4 SCHEDULE 2 S 4 TOTAL
BUDGETI ACTUAL VARIANCE BUDGE RI
ACTUAL VARIANCE BUDGET ACTUAL VAR'LkNCE
I
Street inprevemen's 82,215 68,015 - 14,200 21,441 21,441 0 103.656 89.45b 14,20C
Saiitary Area Fees 2.811 2,811 0 0 0 0 2.811 2,811 0
Wa er 0 0 0 19,141 22,512 -3.371 19,141 22.512 -3,371 ,
Kier& Wight 6.365 8,681 •2,316 2.995 4,C85 -1,090 9,360 12,766 -3,406
Sara;ary inspection 884 884 0 416 416 0 1,3Cj 1,300 0 i
PG&E 0 0 0 9,780 8,230 1,550 9,780 8,230 1,550
Sol Engireer 707 1,736 -1,C29 333 617 -484 1,0l0 2.553 -1,513
B;d Costs 88 15 73 42 7 35 130 22 108 I
Ove.head 13,502 1,014 12,L88 6.354 477 5.877 19.856 1,491 18.365 1
Sub-!**,at 106,572 83.156 23,416 60,502 57.985 2,517 167.074 141.141 25.933`
City Fees
C`eck*,rCg 9 Irspec''on 3,303 3.303 0 1,555 1,555 i) 4,858 4,t158 0
Indrect C.ty Expense 884 495 389 416 233 183 1.300 728 572
Map Fi5ng Fee 36 36 0 0 0 0 36 36 0
Ore Year P_*er Cost 44 44 0 22 22 0 66 66 0
Otter 0 4,863 -4.M 0 0L 0 1 0 4,863 -4.863
O
Sub-1cta1 4.267 8,741 -4.474 1,993 1,810 183 6.260 10.551 -4.291 Go i
Total Direct Exp. 110. 39 91.897 18,942 62,A95 59.795 2,700 173,334 151.692 21,6A2 a
6.6% Indirect Charge 6,C65 -6,CS5 - 3.946 -3,916 - 10,Ot 1 -90.011 C,
TOTAL 11C,839 97,962 12,877 62,495 63,741 -1,2e6 173,334 161,703 11,631
-�J
I
`.SCHEDULE 2: i
Total City Exp. corrpa-ed to total program exp.: $97.962 divided by $738.344 = 13.27%
SCHEDULE 4:
Total GhenWCiy Exp. compared to total program exp.: $0,741 div:ded by $738,344 - 8.63%
:SCHEDULE 2 8 4:
Total City and Ciy/Gheno Exp. compared to tolai program exp.: S1,61.703 d*-vided by $738,344 = 21.90%
t
o i
GANG EXP. 10 CITY & DISTRICT:
GHENO!DISTRICT - SCHEDULE 3 GHENO,CITY - SCHEDULE 4 TOTAL (SCHEDULE 2 S 4 '
BUlw�
ACTUALVARIANCE BUDGE ACTUAL VARIANCE BUDGE ACTUALVAR:AN !
Street tmpr�ements 4 40.604 0 21.441 21.441 0 62.045 62.04E 0
San;tay Area Fees 0 0 0 0 0 0 0 0 '
Wa!er 6.936 8.1 S7 -1.221 19.141 22.512 -3,371 26.077 30.669 -4.S92
Kier& W sht 3,463 4.723 -1.260 2,995 4,085 -1.090 6,458 8,8^,8 -2.350
Santa.-y trspecl+on 481 481 0 416 416 0 897 897 0 t
PG&E 7,1y0) 6.723 1,067 9,780 8.230 1.S50 17,570 14.953 2.617
Soil Erg;-t-er 385 94S -560 333 817 -484 718 1.762 .1.044
EW Ccsts 48 8 40 42 7 35 90 15 7S
Overhead 7,347 552 6,795 6.354 477 5,877 13.701 1.029 12,572
Sub-!otal 67.054 62.193 4.861 60.502 57,985 2,517 127.556 120,178 7.378
CITY FEES:
C`eck;rg 8 trspect;on 1,797 1.797 0 1.55S 1.555 0 3,352 3.352 0 C'
Indirect C;ly Expense 481 270 211 4116 233 183 897 503 394 Cal
Map Filing Fee 0 0 0 0 0 0 0 0 0
One Year Pc"r Ccst 24 24 0 22 221 0 1 46 46 0 r
Sub-101al 2,302 2,091 211 1.993 1,810 i83 4,295 3.901 394
Tot _al D;rect Exp. 69.356 64,264 5,072 62,495 59.795 _ 2,700 131.851 124.079 7.772 r
6.6% Indirect Charge - 4,243 -4.2A31 3,946 43,0461 8.189 -8.1891 W
TOTAL4 69.3S61 68.527 829 62,49S 63,74 i -1,246 13�,851 132.268 -417
SUMMARY: � BU-DGEi ACTUAL VARIANCE
PAYMENT TO DISTRICT 75,000 66,527 6,473 +
PAYMENT TO CITY 69,000 63,741 5.259
TOTAL PAYMENT 144,000 132,268 117732
t
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