HomeMy WebLinkAbout93-030 Lozano, Henry 93-030 LOZANO, HENRY
Citd of Cupertino
lai0ll fone A'aPn,ti
Cupeinno,CA 9501 4-125 5
felephone:(408)252-4505
I V (40N)2f12-0751
I VARfMIN101 111tC11Y iIRK
October 19, 1993
Henry Lozano
853 Hollenbeck
Sunnyvale,California 94087
Enclosed for your files is one (1) copy of the agreement by and between the City of
Cupertino and Henry Lozano,which has been fully executed by City officials.
If you have any questions, phase contact the Department of Public Works.
Sincerely,
CS
KIM MARIE SMITH
CITY CLERK
KS/cs
Encl.
AGREEMENT
This AGREEMENT made and entered into this day
Of /1_x�` 19-�.3 , by and between the CITY OF
CUPERrM, a municipal corporation of the State of California, hereinafter
designated as CITY, and ERW IUD hereinafter designated as
DEVELOPER.
WITNESSETH
WHEREAS, THE DEVELOPER has made application to the CITY for a PARCBI,
MAP AND BUUDIM PB Kff hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the imps plans and specifications
prepared for the Project by ISBN a true copy of which
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, 7EtEEDRE, 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".
File: 51,995
WHEREAS, p nmkint to the prCjViSicns of this ANTI', the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Inprovement Category:
PART A. Faithful Performance Boyd: $7,000
PART B. Labor and Material Bond: $7,000
PART C. Checking and Inspection Fee: $ 460 .
PART D. Indirect City Expenses: $ N/A
PART E. De2'N`iopment Maintenance Deposit: $1,000
PART F. Storm Drainage Fee: $ 5151/
PART G. One Year Power Cast: $ N/A
PART H. Street Trees:
PART I. Map Checking Fee: $ 180 J
PART J. Park Fee: ZONE II $31,500
ACCT#:480-416-022
PART K. Water Main Reimbursement Fee:
PART L. Maps and/or Improvement Plans
As Specified in Item #23
File: 51,995
2
NOW, THEREFORE, 1T IS HEREBY MLlIMMY XmREED by and between the
parties hereto as follows, TO WIT:
1. DEDICATION
A= Thee DEMOPER offers to dedicate the real property shown on
E&ibit "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 in
writing. The DEVELOPER agrees not to revoke said offer of dedication,
and to k,,ep said offer open until the CITY accepts offer by
resolution.
B. Upon execution of this AOREEMERr the DEVELOPER acr s to deliver
a properly executed grant deed to the CITY of the real property
described in adi it "A", and such other exerted conveyances, or
instruments rmaoessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S sole cot and expense, to
the City:
(1) A preliminary title report issued by a title insurance
canpany 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 encumbrances except those as the CITY shall
expressly waive in writing; said policy shall be furnished
at the time of acceptance of dedication am recordation of
deed.
C. upon the condition precedent that the DEVELOPER shall perform
each and every covenant and condition of this Ate, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WOW
It is further agreed that:
A. The DEVELOPER shall install and cmplete the Work within one (1)
year from the date of execution of this AGRE'EMEMT, or such longer
period as may be specifically authorized in writing by the City
Engineer. In the event the DEVELOPER fails or refuses to conplete the
Work within the specified period of time, the CITY, at its sole
option, shall be authorized to conplete the Work, in whatever manner
the CITY shall decide. In the event the CITY completes the Work, the
CrI1 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 Mrk 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. 7he Work shall be done in acoordance
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 star Aards, specifications, plans, sizes lures
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 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.
3. EXCAVATION PERMLT
It is further agreed that the DEVELOPER shall ccuply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation
permit from the City Englrxh r before the conmmxxmient 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 ooitnence.
4. QUIT LAim DES
It is further agreed. that :he 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, wtten presented to him for
signature.
5. BONDS AND OTHER SECURITY
A. Upon the execution of this AGREMTT, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and
faithful performance of this AGREEMENT. The penal sum of said
faithful performance bond shall be the full cost of any payment to be
made under this Ate, the value of any land agreed to be
dedicated, and any improvements are to be made under this AGREEMENT.
In the event that inprovemexits are to be made under this ACREENEIT,
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 =st be approved by the City Attorney as to farm 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
AGPEEMC, or to make any payment, or any dedication of land, or any
inWromements herein required, the CITY shall call on the surety to
perform this AGREEMENT or otherwise indemnify the CM for the
DEVELOPER'S failure to so do.
4
B. In lieu of a surety bond, the DEVELOPER may elect to secure this
A MNERr by depositing with the CITY:
1. Cash; or,
2. A c ashiear°s check, or a certified check payable to the order
of the City of Cupertino; or,
3. A certificate of deposit, or instru-ent of credit meeting
the requirements of Government Code Section 66499 (b) or
(c) .
C. -Ibe amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the event that
the DEVELOPER shall fail faithfully to perform the covenants and
conditions of this AGREEMEPr, or to make any payment, or ar,y
dedication of land, or any improvements 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 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 30 percent of the performance
bowl at one year from acceptance after all deficiencies have
been corrected and in the absence of arry 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 from the suiject 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 paid on any security deposited with
the CITY.
6. CHECI(ING 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 AGREEMENT, 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, th-
City Engineer shall notify DEVELOPER of any additional sum due and
owing as a result thereof.
7. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREmmn, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. MAP CHECKING FEE
It is further agreed that the DEVELOPEEM shall deposit with CITY,
prior to execution of this AGUEnMr, for office checking of final
map and f ield 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 I) .
9. DEVELOPMENT MAINTEYANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CI7^.', prior
to execution of this AGREEMERr, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
a.)ntrol and cleanirxg during the construction period. The development
iaintenance 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 DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREE, 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 RUIN EXTETISION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies
required to fly with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until
said i►mies 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. COEST
It is further agreed that the DEVELOPER shall pay to the CITY prior to
execution of this Au-RIaT, the amount as set forth herein at Page 2
(Part G) , which amount represents the Power cost for street lights for
one year.
13. THE INSTALtATION OF SPRFET 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 band Dedication, Cupertino Municipal
Code, and which is further stipulated urxler Part J, Page 2 herein.Fees
are also in accordance with action adopted by the City Colncil on
March 19, 1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino
Municipal Cade.
15. MAINTENANCE OF WORK
It is further agreed that the DEVELOPER shall maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans and
the City Standards and Specifications for the Work. The DEVELOPER
shall, upon written notice thereof, immediately repair or replace,
without cost or obligation to the City of Cupertino, and to the entire
satisfaction of said CITY, all defects and imperfections arising out
of or due to faulty ;rorkranship 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 MWr, a letter from the Cupertino Sanitary
District stating that the DEVELOPER has entered into a separate
AGREEMENI' 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. GOVE&24ERr CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEKERr, substantial evidence that all
provisions of Section 66493, Article 8, Chaptex 4 of the Ckwernment
Code, pertaining to special assessments or bonds, have been complied
with.
18. CENIRAL, FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY,
upon execution of this AGREEMERr, a letter from the (ventral Fire
Protection District of Santa Clara County, stating that the
DEVELOPER has entered into an ATr 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.
19. PACIFIC GAS AND ELECTRIC/PACIFIC BELT
It is further agreed that the DEVELOPER shall pay to Pacific Gas
and Electric Company and/or to PACIFIC BELT Company any and all fees
req ircd for installation of overfisad and/or underground wiring
circuits to all electroliers within said property and any and all
fees required for undergrounding as provided in Ordinance No. 331 of
CITY when DEVELOPER is notified by either the City Engineer or the
Pacific Gas and Electric Company and/or Pacific Bell Company that
said fees are due and payable.
20. EASEMENTS AND RIGHT-OF-WAY
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 c.)t;}. 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 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 semis as may be required for legal
fens and costs, engineering, and other incidental costs in such
reasonable amounts as the CITY may require shall be deM�sited with
the City of CL4 ertino.
21. HOLD HA104LES.S
It is further agreed that, commencing with the performance of the.
Work by the DEVELOPER or his contractor and continuing until the
completion of thr• maintenance of the Work, the DEVELOPER shall
indemnify, hold harmless and defend the CITY from and against any or
all loss, cost, expense, damage or liability, or claim thereof,
occasioned by or in any way whatsoever arising out of the
performance or nonperformance of the Work or the negligence or
willful misconduct of the DEVELOPER or the DEVELOPER'S agents,
employees and independent contract=s, except to the extent any of
8
the foregoing is caused by the negligence or willful misconduct of the
CITY or the =,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 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 officers, agents, and
employees of the CITY, i.rr ,.vidually and collectively, have other
insurance against the loss -4vered by said policy or policies, that
other insurance shall not be called upon to cover a loss under said
additional policy.
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 minimim amounts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damage, $50,000 on acoa'Mt 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 AGR1DMiT 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 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 DUROVEMERr PLANS
It is further agreed that the CITY shall obtain the following map
and/or plans at the DEVELOPER'S expertise:
9
I
A. A mylar sepia and seven (7) prints of fully executed Marcel
map
B. A mylar sepia and ten (10) prints of fully executed
improvement plans.
C. A direct duplicating silver negative microfilm aperture
card of all executed iuvrovement plans and map.
The DE,°VEIDPER agrees to pay the CITY from the developoent maintenance
deposit the cost for all priors of plans and map required under Item
23.
24. SUCCESSORS
This AGRMUM shall bind the heirs, administrators, executors,
succor, assign and trmnsferees of the DEVVEIIDPER. The .assigrmtent
of this AGREMM shall not be made without approval by the City
Council of the City of Cupertino.
10
IN W17WE SS WR2ZMF, CM has caused 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 CUPERTIM:
Approved as to form:
Mayor
City Attorney City Clerk
DEVELOPER:
R:
J
Henry In
Notary Acknowledgment Required
Exhibit A Attached
11
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STATE OF CALIFORNIA SS.
COUNTY OF SANTA CLARA
On ` 19 , before me, the undersigned, a Notary
Public in anA for said State, persona}ly appeared
,
proved to me on the basis of satisfactory evidence to be the person(s) whose
name (s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies) , and
that by his/her/their signature(s) on the instrument the person(s) , or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
iAl
Notary's Signature
THIS CERTIFICATE TITL OR TYPE OF DOCUMENT
MUST BE ATTACHED NO. OF PAGES DATE CF DOCUMENT
TO THE DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE
DESCRIBED AT RIGHT:
###w####rr,t,rtvr,ry.eryrara#wr.wdryry.,krwra,r,tw,►rwr,tyr#ww,t�ra,rir+,►y.eteawi.,tww,tww�+rwwr,t,r,rw*e.w#
U. dUSiMANO
Comm. #968434
ARY PUBLIC.CALIFOFt A
SANTA CLARA CO3JNTY J
A
Comm.Ex Ires Juno 24,19%
CITY OF CUPERTINO
INTERDEPARTMENTAL Date October 5, 1993 _
To_ CITY CLERK From PUBLIC WORKS--SUMI -
❑ Information MESSAGE: HENRY LOZANO - TULA LANE (CC 1014/93)
❑ Implement TRANSMITTED:
❑ Investigate
Discuss -THREE SETS OF AGREEMENT POR PROCESSING.
❑ See me
❑ Reply
DEVELOPER:
HENRY LOZANO
853 HOLLENBECK
CTIN IZAI E CA 0/.QQ7
Reply: - - ---
sm
-`_`-attach. ---- --- - �,
SIGNED: DATE
Forward part I Retain part 2
RESOLUTION NO. 8967
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY
LOCATED AT TliI.A LANE; DEVELOPER, HENRY LOZANO;
AUTHORIZING SIGNING OF IMPROVEMENT AGREEMENT,
AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS
WHEREAS, there has been presented to the City Council for approval of the
parcel map and improvement plans of property located at Tula Lane by Henry Lozano;
and
WHEREAS, there has been presented to the City Council a proposed agreement
for the construction of streets, curbs, and gutters, and for other improvements, and good
and sufficient bonds (letter of credit), fees, and deposits as set forth in Exhibit"A" having
been presented for the faithful performance of said work and the carrying out of said
agreement; and said map, agreement, and bonds having been approved by the City
Attorney;
NOW, THEREFORE, BE IT kESOLVED THAT
a. Said parcel map and improvement plans herein referred to are hereby
approved.
b. The offer of dedication for street areas and all easements is hereby
accepted.
C. The City Engineer is hereby authorized to sign said improvement plans.
d. The City Engineer and the City Clerk are hereby authorized to sign said
parcel map and have it recorded.
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 4th day of October , 1993, by the following vote:
Vote Members of the City-Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN:- None
APPROVED:
/sj Nick Szabo
Mayor,City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk
R.IESOLI,s[ON NO. 8967
EXHIBIT "A"
DEVELOPMENT SINGLE-FAMILY RESIDENTIAL
HENRY LOZANO
LOCATION: TULA LANE
A. Faithful Performance Bond: $7,000.00
SEVEN THOUSAND& 00/100 DOLL'.RS
B. Labor antl Material Bond: $7,000.00
SEVEN THOUSAND& 00!100 DOLLARS
C. Checking and Inspection Fee: $ 460.00
FOUR HUNDRED SIXTY & 00/100 DOLLARS
D. Indirect City Expenses: N/A
E_ Map Checking Fee: $ 212.00
TWO HUNDRED TWELVE & 00/100 DOLLARS
F. Development Maintenance Deposit: $ 1,000.00
ONE THOUSAND& 00/100 DOLLARS
G. Storm Drainage Fee: $ 515.00
FIVE HUNDRED FIFTEEN& 00/100 DOLLARS
H. One Year Power Cost: N/A
1. Street Trees: N/A
J. Park Fee: Zone II Acct i#480-416-022 $31,500.00
THIRTY-ONE THOUSAND FIVE HUNDRED & 00/100 DOLLARS
K. Water Main Reimbursement Fee: N/A
L. Maps and/or Improvement Plans: As specified in Item No. 23
of agreement
12274859
SAS
WITH GOV CODE: C-103 P-
-W
DEFERRED UNDERCROUNDING
r7
AGREEMENT
This is an agreement between the City of Cupertino, hereinafter referred to
as CITY and HENRY LOZANO hereinafter referred to as
DEVELOPER, made by and between the parties this 7, Z- day of
C--p 19 CL-3
WHEREAS, DEVELOPER desires to develop the property described in Exhibit "A",
attached and made a part hereof by reference, and wished to defer the under-
grounding of utility lines fronting _APN 359-13-069 (Tula Lane) -; and
WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work
necessary to complete the undergrounding of said utility lines; and
WHEREAS, the costs for the undergrounding are reduced when the undergrounding
is done in conjunction with other projects on and along the frontage of
Tula Lane ; and
WHE7EAS, the City and the DEVELOPER jointly agree to defer the work until a
larger project is organized.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto
as follows, to wit:
1. Installation of Work
The DEVELOPER shall install and complete the undergrounding of said
utility lines, in conjunction with any project for undergrounding said
utility lines on or fronting the properties on :APN 352-13-069._
(Tula Lane) _ adjacent to the above mentioned property described
in Exhibit "A".
2. Deferment
It is further agreed that the DEVELOPER shall furnish, construct, and
install at his own expense upon six (6) month notice from the CITY, in
which event the work of undergrounding said utilities must be completed
within one (1) year thereafter, or no later than ten (10) years from
the date of this agreement.
ALL-PURPOSE AC1(11 OINLIDGMENT NO 209
State Of _ CAPACITY CLAIMED BY SIGNER
County of.
INDIVIDUAL(S)
tom.'
r i ❑ CORPORATE
On Z Z-Y 3 before me, OFFICER(S)
-7 ._----_---
DATE L NAME TITLE OF C:FFICER-E G,'JANE DOE.NOTARI Pu v ' TITLEISI
❑ PARTNER(S)
personally appeared �/'—�—' - Y ❑ ATTORNEY-IN-FACT
J N EAM fS;OF ANER(SI ❑ TRUSTEE(S)
❑ personally known to me-OR- ( proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person, whose name ) is/am—
subscribed to the f within instrument and ac-
knowledged to me that he/sheAhWexecuted ❑ OTHER:
the same in his/hef4heir authorized
ZROeERTA A,NN wotFE capacity(ies}; and that by his/hef4heif-
M. r .c Comm. No. 9y6834 signature($']on the instrument the person(s),
:6.;: 4- '` NOTAU FUet.IC CAt.I,ORNIA D or the entity upon behalf of which the personW SIGNER IS REPRESENTING:
`t (l NAME OF PERSON(S)OR ENTITY(IES)
SANTA CLA�,A COUNTY � acted, executed the instrument.
U .
My Commission Expires June 11, 1997 Witness-my hand and official seal, — —
Gx:G�.:G`�GT:;G:��?n�'i;r�W:1�?:;(;;:'ri,raG?9C�>:J
f a �
t SIGNATURE OF NOTARY
ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE /f
Title or Type of Documen rf � l'' , n<���-�.�1� ti :^.�t«. , ,.:.
MUST BE ATTACHED es Number of Pa
TO THE DOCUMENT g Date of Docur4nt e Z. y
DESCRIBED A- RIGHT: Signer(s) Other Than Namekbove
a;1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184-Canoga Park.CA 913U4.7184
9 •
AGREEMENT - Page 2
The DEVELOPER further agrees to cooperate. upon notice by the CITY, with
other property owners, the CITY and other public agencies to provide the
undergrounding of utilities as set forth herein under a joint cooperative
plan, including the formation of a local improvement district, if this
method is feasible, to secure the installation and construction of said
undergrounding.
3. Successors - Run with Land
This agreement shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVELOPER. It is agreed and under-
stood that this agreement shall be filed for record in the Office of the
County Recorder of the County of Santa Clara, State of California, and
that the covenants in this Agreement shall run with the land, a description
of which is contained in Exhibit "A" which is attached hereto and made a
part hereof by reference, and are for the benefit of the other lands in the
City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its acme to the hereto 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 ti►e
day and year first above written.
DEVELOPER: CITY OF CUPERTINO:
X�&,,41!7,4'ja
ay r
City Clerk
Approved as to form:
City Attorney
OFFICE OF COUNT`( ASSESSOR - SANTA CL4RA COUNTY, CALIFORNIA I BOOK
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