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HomeMy WebLinkAboutDividing Property - The Oliver Rousseau Organization - 1959_1960 Inactive Agreements 1959 - 1960 2/4 (20) Tt is further agreed that the 5ubuivider shall indemnify and etv* h4rml.ess the City of Cup. root the :icy COuncil, and the City Engineer, and other officers or employees of City of CXgwirtino from any suits, claims, ,r actions brought by any persons for or an account of 'any injuries or damages to person- or property zustained or arising in the construction of the work due to any acts, ►missions or negligence of the Subdivider, his officers, agents, employees or contractors. 1 *7_1 ) it is further agreed that the above named terms and conaitions for the said Tract Fvo. 2*341, Lynton Place , shall bind the heirs, successors, administrators , or assigns of the 5tabdivider. , he assignment of this agreement shall not be made without approval by City Coun--.L of said City. said r,J.ty has causec its name to be here- unto aff i.xec by its �-:ayor and C,ILy t,-reZtunto c:uly au-.horize,� by r.•esoiution or" the City Council . and sale: :ubdJLvJLde-U hZE hereur-ltc .4 nt caustic: his name to be aff _xec .he day anc year first above writien. ,;- ,Y OF' 7U `r T Z? G: j By �.�}.� ,a yor/ 4'3 1\i T�- 77y C• e r �tJ3DiVIS By/ e AP' -.OV-L i �, T G FQ u_ : y Attorney Jim 1 £A A G R E E M E N T This Agreement, :Wade and entered into this �EJ day of 1959, by and between the CITY OF CUPERTINO, a municipal corporation of th,= State of California, hereinafter designated as "CITY" , and THE OLIVER ROUSSEAU ORGANIZATION, a partnership, hereinafter designated as "SUBDIVIDER, " WITINTESSETH WHEREAS, said Subdivider desires to subaivide certain: lano within said City of Cupertino in accorcar:ce with the map heretofore filed with the City Council of the City of Cupertino, ,.ar>ed and de_ci�;natec "lract No. 2086 , _�'lewilc Creer':s , Cupertino , ,aiifornla ; .'dHERZP:S, sa7C map showy cCer .air: avenues and crivec -NJ I are of'--red for oedicatior. for p ,_..c v<<> ; a;-:c W;f E'Z .HAS, eaiC Surci'liae s r e s C, _ StrU,:,4 uwe =. - C r. tI- _n _ .i,:.: Tr ct. ;'cc �ree..s: ; "OW, HERLF')RF- , "; __UF.LLY r y ar.c pars es 1:..Teto as follows, _ _ W- . ( 1 ) in the aacr_'✓>; acceptarc- , or. behalf of the pun ic , Cyf _ ._ r �e� %;r:: .ri'/�� off':red for dedication, that '.€ :�U'G?'� li cf�(istr'��� �� his owr. orooer' cost and expense w -.h r,U - :.._. S7lo ^ T � ..o. 2086 , Idlewilc Greens, improve merits as fcllow;rs : FIF-1-zT . Construct City of St-a-;oars ;arateo thirty-inch ( 30" ) vertical Po1­.1a.... Cement . _;=ete curbs and gutters, and four and or.e-h if foot (4%' ) Portla ;d Cement concrete sidewalks, together with a Portland Cement concrete driveway for each lot exter,uino from the back of curb, through the entire width cf siaewalk as follows: On the northerly and southerly sides of Merritt Drive , Amherst Drive and Wneaton Drive; an.: On the easterly and westerly sides of Colby Avenue , Denison Avenue an6 Norwich Avenue; and i r On the easterly side of Portal Avenue; .all for their full lengthF_ within the subdivision. SECOND: Construct City of Cupertino Standard pavement consisting, of eight inches (8" ) compacted untreated rock base and two and one-half inches ( 2% ") hot plant ;.nixed bitumi-sous surface as follows: On Merritt Drive , Amherst Drive , Wheaton Drive, Colby Avenue, Denison Avenue, and Norwich Avenue for their full lengt'ixs and widths within the sub- division; and On the easterly side of Portal Avenue between the lip of proposed gutt=;r and the existing center line for the full lencth within the subdivision. THIRD: Construct City Of Cupert_no guard fence:: as fcl'c;. . Across the easterly en6 Oi Merritt Drive , Amherst Drive , and Whevton Drive ; and Across the northerly li ;rits of sub(; visio-: _he eas`ezly �__cle of Portal .Avenu _ rcrr ed-�G of e:.� _._. pavement o lip of ;utter. FOURTH: all ion;. o emir. 1_.t0 streL,ts . FIF-H: Prc fide and first- li City of Cuperti.-.o utr r ar monument , monument bOxes, _ :a _reef r;ame i as required ply City Engineer. SIYTH: Provide and install City jf Cupertino �t�.r:car electroliers where required )y "' ty Engineer. SEVENTH: Provide and install of cause to be nsta.ilec: wa ' _ distribution system, including fire hydrants , tc serve all lots within said Tract No. 208F, Idlewild reens ; he, number and location of fire hyarants to be oeterminec by the Central Fire Protection Diszi- _t of County of Santa Clara . EIGHTIH: Provide and install sanitary sewerage system to serve ,. 11 lots within said Tract No. 2086, Idlewild Greens . NINTH: Provide avid install storm drainage system as required by City Engineer. -2- 'GO v TENTH: Provide and plant street trees, the number, location and variety to be as required by City Engineer. (2) It is further agreed that all of said improvements sr,all be completed within twelve ( 12) months from the date first above written, provided, however, in the computation of said twelve- montY -i.od, delays due to or caused by Acts of God, viz, major strik other delays beyond the control of the Subdivider, shall be excluded. It is �_•xpressly understood and agreed that if Subdivider shall fail to complete the work required by this agreement within the said period of twelve ( 12) months of the date hereof , the City, after giving ten ( 0) days ' written notice ti�eroof to the Sub ,ivider, may complete the same a: .cj recover the full cost expense there:f from the Subdivi6er. ( ) It is further agr.eeb that all cf s improve m-.r}ts -hall constructed in acccr snce with the final pla:; E = s approves City Engineer of Cupertino, Gr:c shall be mace .j-:der the �;1Spec _.. and to the ,tisfG Y._rJr. of the: '_'_ty Enoineer. It is further that said be if� acccrdance with existing Orcina-.ces and P.esolutio;:S of _.^e City of f uPertino, to all pla-s , spe: ific do-.s, standarcS , S-1 es , lines a-:d grades r2,roved by the Ci tv Eng ',eer and ;ll S?:;tie_ and Cou-ty statutes ap;' Iicable theretc . I. ( -1 it iS fur'rher agrees: that the ccns-="tlon W;:rk of 'he improvements emoraceJ by this Agreement sh. 11 .e done in accordance x with the Stand arc S.pecificati_ons of the Department of Public Works , Divis- on of Highways, State of California , gated August 19'-4 , and in accordance with the Specifications of the City cf Cupertino, an,; the Cupertino Sanitary District where applicable . Wherever the words "State" or "Division: of Highways" are mention_ -. in the State Specifications, It shall be cor:sicered 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 th City Engineer. -3- ..i �3 � s in case of conflict between the State Specifications and he Specifications of the City of Cupertino and the Cupertino Sanitary District, the specifications of the City of Cupertino and the Cupertino Sanitary District shall rake precedence over and be used in lieu of such conflicting portions. (5) It is further tigreed that the Subdivider shall comply with Section :wo of Ordinance No. 44 of City of Cupertino by ob-�aining an excavation permit from the City Superintendent !of Streets before the commencement of any excavation in, on, or u.der the surface of any existing public street , lane, alley, sidewalk, or other public place . It is further agreed that the Subdivider shall notify the Super- intendent of Streets of the exact date and time when the proposed excavation is to commence. {6) It is fur-.her agr,:red than the Subdivi-ber shall pay the necessary expenses for ln:ppction, _heckin , Pt , incurred' by City in connection with So1C Tract TO. 2 '86, 1Gle`J`1l Tceiis. (, ?) It is further a reed tha. the Subc`-✓_per sh..11 ceoc'sit w t', City, JpGr'. e CeCU' __ ... c this agre--.-t, for _-f-ce (_,neckin c: suo- d i v i s lone map, f 1 e__ the kino of street monuri e: .s , f ielc cf..ec C,f improvements, inspection of improvemerits , anc all. necessary expenses incurred by City connection wlth the sai(_; ,)'o. 208 , clewil , ire er.s , the sum cf -h.irteen _houssnrj . Forty ..=our anc no/100 D)Ila:is ( S l:3,044 .00) . ( 8) It is further a:areed that at the completion of the work srs_ be±ore final approval of the suboivision, the Subc:ivloer shall be bi.11ea for and pay, or. shall be refunded after completion of th :: work and final acceptance of the subdivision by the City Council the difference between; the actual cost of the necessary expenses incurrec by City in connection with said Tract No. 2086, Idlewild vreens anc the total amount of the deposit . ( 9) It is further agreed that the Subdivider shall file with Ci -y, upon execution of this Agreement, a bond in the amount of Two Hundrec Eighty Thousand and no/100 Dollars ( $280,000.00) to insure for labor and materials, and a bond in the amount of Two Hundred Eighty Thousan(.` and o/100 Dollars ($2809000.00) to insure full and faithful performance of the construction of all of the aforement -oned improvement work (excluding sanitary sewert and water distribution system) and also to insure reimbursement to City for any necessary expenses incurred 'ti, City in connection with checking of plans and inspection of said impr3ve- mentso (10) it is further agreed that the Subdivider shall pay to the City, upon execution of this Agreement, the stow sewer charges in connection with said Tract No. 2086, Idlewild Grecn�, in accordance with --he require- ments established by Resolution 180, in the amount of Twenty-Five Thousand Sight Hundred and no/100 Dollars. ( $25,800.00) . ( 11) Tt is further agreed that the Subdivider shall contribute to the City of Cupertino sufficient funds to complete City of Cupertino storm, drainage project, known as "Homestead Drain #1" , in the event expenditures of storm sewer changes of subdivider plus all unpled ed funds on ce osi in the storm arainage funs of the City of Cupertino curing th, co, of construction of said Homestead Drain 41 be not suffi,�ient to cefr y `fie cost of the installation of said "Homesteac Dram 411 . " Said GO:_t Jr shall be m%:de on the bas-s of a reimbursernent • re m .^.t anc 1._ with Resolution #1K. is fur her - reec: t.ha� file .r, upon eye ..,_ _ion of th�� f._reemert, _ i� _t �r from Service COr-,.C;,�r,}% st ' _ .hat the had factory rrar:_�eMer `64_h the s3_C; -o p y' insure the _nstallc;t._or of a water cis r b:tior: s y S e::. _o sere __ _s within said tact ' o. GrS�,, Iolewilc ( l._,) It. is further agreed that the Su divider s.._li file -L , upon execution of th-Ls A,:reemer.t , �-:: ietter from ,he '�upertino art' } District stating th&t -.he Subdivider has entered with the said District to lnstc+li sa:._ ary sewers serve 61.1 within sa-: d Tract No . 2_:86, IUlewi lG reer.s , r,c st : _-yr:-a that _ insure full and faithful performar,ce of the cor:str'.:ction of the a sewers and to insure the general guarantee as siatec below in Pura -rlcr. ,; ( 14) has been filet. �. ( 14 ) it is further agreed that Subdivider shall, upon write-. !:oti thereof, immediately repair or replace , without cost or obligation to }' n re f f s^ City e -_Lt City of Cupertino, and to the entire satisfaction c_ said lt,r all a�._ s � •; any: imperfections arising out of or du., to faulty workmanship and/or materials appearia in said work within a p F . Pd of n _ one ( 1) year after date of final completion and acceptance. ( 15) It is further agreed that the Subdivider shall file with the City, upon execution- of this Agreemr-r±t, a letter from the Centr -i. Fire Protection District of Santa Clara County, stating that the Subdivider has entered into an agreement with said District to # 4s install fire hydrants to serve said Tract No. 2086, Idlewild Greens, and stating that all -ecessary fees have been deposited with said District to insure installation and five (v=j year rental fee of saic hydrants . ( 161 it is further agreed that the Subdivider shall pay Pacific Sas and Electric Company any anc all faes required for r ,a installation cf OVeT�'.ecC wlrino circuit tC r. � �'� T_'• � er"�-lI e_.... col� ... saic :bract '�o . 2086, Idlewilc Greer , whe-. . ub6ivider is r:Vtif e by either -he City gir_er or ..he P ac_.ff_ .s anc Electri L sal" e -1 are . C a.. CJa}' f-�Jthatthat _ • } fUI _.:eT reei that- a' y e sell ej-.t a_.c r _ y ri.,. .,e.._�T'J GT the your., of vhe tic' ��C`, �:�.ii ir'e cC.�J:.._re hi: o, ._ S rc expe..se . V_ ._ r_ tha v ir: .r:e _ ,'e.;t ei,._. _.. :.'i,main for -the purc.,s- of Owner or a �vicer c�: �� teposi re sor:a �_ rear%et Ja_.�e _ _ the lar:o -r,:,-r Se: i.iClucec i.r. sr_c s.; :..1 = re a 1,e Sc_._ damn-,es , _f a. y. _ _ is ji-,.her. Such s!JMS a_ irc; j re fcr lei -., anc other inc_cental costs in such reas atil arrcur. _ . as ...._ .._ty may require shall be ceprCite,c with City. ( 18) it is further aaz'eed that the Subcivicer shall _ :_y '< complete in5urar:ce c veraDe and shall file -eitificatFs thereof JVI the City tng7r:ee_r anc shall indemnify anc saver harmless the City Cupertino, the City Ccuncil, and the City _ngi::eer, anc other ffice_ - cr j employees of City of Cupertino from any suits, claims, or act_or_s ri brought by any persons for c.r on account of any injuries or camages to persons or property sustained -or arising in the construction of the work due to any acts , omissions or negligence of the Subdivider„ h his offi"rs, agents, employees, or contractors. . (19) It is further agreed that the above named terms and conditions for the said Tract Igo. 208E, Idlewile; `3reens shall bind the heirs, successors, administrators, or essigns of the Subdivider. The assignment of this agreement shall not be made without approval by City Council of said City. IN WITNESS WHEREOF, said City 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 Subdivider has hereunto caused his name to be affixed the day and year first above written. SUBDIVIDER THE OLIVER ROUSSEAU ORGANIZATION, a partnership 2 -Oliver Rcusseau, ;: rtr.ez APPROVED AS TC FORA, fj i i Attorney ,F _ = T arc _A- y r w -7- AGREEMENT a This Agreement, made and entered into this A6 day of F , 1959, by and between THE OLIVER ROUSSEAU ORGANIZATION, a partnership, hereinafter referred to as OOWNER", and CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter referred to as "CITY" , W I T 1 E S S E T H WHEREAS, the OWNER is sec,.)rinq building permits from City to construct various commercial structures; ar;c WHEREAS, CITY will consicer approval of permits cr. ' the agreement that OWNER Will construct curb, ut per, sicewalk, and pa`11P.y from the eXictin eCl e of pcvtvTer. c' 'i': v' i E• o` r Stevens Creek �;culevarc tc the 14c o- the accorr r:ce w' th the approve; rC with tr:e _erms co, taineU herein, may 4e _eoauirel by the �:ity Er,:�i,,-:eer f i ! : ) Ay ER airy _ _ cor. f ;rf1c_e seventy-f4 foot ( ?1 , � __ _r of pr tierr`�' ,r r:y fro... _he mci ume .t li,.e cf Salofor th , entire _e;: ;th of 7'_ „cuL- �aiu ce wher: presen4.e , tc him r- r ( 2) t - s further =re :, t1 at Oh ,= . shaII _or. _ ru curb, gutter, commercial . iaewalk , ar.t sr',a City "pe _ ai Street Section. ns_s tinY of sever tee.. i1c .e= ( 17" ) u_ u-:treate, base rock ana four inches (4 ") of plant-m Xea sj.r? ace :or the- entire area between the erjge of eXistrng p&vemer•.? ;::. te South. :.:� _;e of Stevens Creek Eou) evarc anc the lip of the propc.sek` gutter `cr t- _ entire length of O'N?zER'S prsperty as specified on the approveu i G F w� w improvement plans, said improvements to be completed within twelve ( 12) months from the date first above mentioned. The said improve- ments shall be .constructed in accordance with the standard specifica- tions of said CITY, and shall be constructed under the inspection and to the satisfaction of the 'CITY En,ineer of said CITY. (3) It is further agreed that OWNER file with CITY a bond in the amount of NINE THOUSAND EIGPT HUNDRED and no/100 Dollsrs ( 19,800.00)to insure full and faithful performance of the cc�­:struction of all of the aforementioned' improvement work, anc a bond in the amount of ?�11 THOUSAND El and no/10C Dollars ( S9,800.00) fo ir.--ure for labor and materials fcc said' work. (4 ) 14;: is further a freed that O*A?<cft shall pay tc C_."l!, UpD�. xDcut ... of th_s reeTG..-I the storm sewer char •e _.. cor:r:ec ;;:ith th t ocrtio:; of property �ein cevelope� ��ccr - ar_e w� -. the rec;uiremer.t esta'tdishec ' 80 it the _ _-`J= iS urthe_ _ ed upon e x e _o ^- this a e:lt , `or C _ _ e he•._.. _M.,1r ✓ r ments ;___ ..ecessary e .er,se_ _.._'J;r y rT` c r:eC :1-ith s-f _ zmprove:me :ts ti.._ s,jm cf Do11drS I 4 ( 6) It is further reed. that _he OJib harmless f=,m any costs i�.c rrec; by Te_ccati ,: ..r:y ex .sti-. public ut i lities in the ex-1 S t_n purl1 i c -way "diithlr. O NER ' , property, provided' such rei .:c �tior is cy conflict within improvements installe by OW,_"n. (7 ) - _- further G reen that �0M E-,, } is succe :�sors ar7U ISSi jns shall abide by s>1 l ordinances , laws, _anti: re: ulutions in full force and effect at -he tifne of the dc•ir:�:: of the work herein provided' to be cone . —L— R' a7 % IN WITNESS WH.£REOF, said CITY has caused its name t0 be \ hereunto affixed by its Mayor and City Clerk, thereunto duly ; \ authorized by resolution of the City Council; and said M \ has hereunto caused his name to be affixed the date and year l \ first above written. \ OWN \ \ THE OtIVER RCkjSSEAU ORGAN I ZAT I 01N a partnersElp / \ / \ t • / 2 •��-� �� \ Oliver Rousseau, partner / \ � r _ { �Jul »Q?s=zey \ \. , <2a �\ \ J A G R E E M t N T - This Agreement, made and entered into this 14 day of 1959, by and between RICHFIELD OIL CORPORATION, hereinafter referred to as "O«NNER" , and CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter referred to as "CITY", WITNESSET H: WHEREAS, OWNER is securing a Use permit from CITY to operate a service station; and WHEREAS, CITY will consider approval . f saia Use permit on the agreement that OWNER will construct c?orb, gutter, co:,� .erciai sidewalk, and paving from the exist_..g e<.,e _ f east side of Saratoga-Sunnyvale , , a_ _ o. 9, to the cf the propose:, *ei a. gutter, commerc __1 :.iu _ : , _ :w = =- ,.. M . . - _1 _ pavement or; * + proposed gut _ __ , r •a.. _ _ _ . _. _ _ _ _. C � s well _ .� r _. ether therefore , IT follows : to . agrees to convey tc ._TY :r. y p rc _ ten - foot ( I _ ; strip of prCcerty yl,.y ea t _:7 ly frorr tr _ s r.. right-of-way 7 _r:e of said Saratoga- unr:yvaLe ncaa , by deec , for tie entire length of 01AINt 'S property being level^.pc c at the cresent time, and OWNER agrees to execute said deed -,':her: presentee to hi:;, for signature. ( 2) It is further agreed that OWNER shall construct s'anaarc curb, gutter, commercial sidewalk, and shall construct City Special Street Section consisting of eight inches- ( &" ) of untreated base t rock and three inches ( 3" ) of plant-mixed surface for the entire area between the edge of existing pavement on the east side of Saratoga-Sunnyvale Road and the lip of the -proposed gutter, and s �� will construct curb, gutter, conmerci,al siaewalk and City Special Street Section consisting of eight inches ( 8" ) of untreated base rock and two inches (20 ) of plant-mixed surface for the entire ,area between the edge .of existing pavement on the South side of Silverado Avenue and the lip of the proposed gutter for the entire length of OWNER'S property as specified on the approved plans, said improve- ments to be completed within twelve ( 12) months from the date first above mentioned. The said improvements shall be constructed in accordance with the standard specifications of said CITY, and shall be constructed under the inspection rnd to the satisfaction: of the City Engineer of said CITY. (3 ) It is further agreed that OM1,JER file with CITY a bond in the amount of FOUR THOUSAND, :FIFTY and '40/10-, IDOLLARS ( I 0t". ) to insure full and faithful r-.erforma -ice of 1'..e c.rnstruc`_lc•:. a11 of t :e aforementioned improvement work, and nd it the ..,­our:t c= FOUR THOUSAND FIFTY and `.��/+ Lr:�LArS ( _ .00) to ir.surz fr,r laoc_ Erd matery.ys for saic' _.. _ ' 4 I't S �_urih2r agreeu` .'i=�` GrY' �.i - _ pay tV execution of th-Ls a?reement , t:<: storm sewr__ c.,arge ir: +hat portiG'.-_ of (�fiN"ERI property el: L'lelopeiJ i'. a.^:c w-- t}le xe��uirements es- E61 spec: by F.e lutiort .',e . the amount of �'A� MJ 1DR D, . � ._ _�HT anCi ( " ) It is further ayreec that ". have Gepasit CITY, upon execution of this agreement , for ice chec:<ina :f improvements and all necessary expenses by CIT`% in connection with said improvements the sum of -WO HU?,yDR:..L 'rL.°; c P N0/100 DOLLARS ( 210.00) . (6) It is further agreed that OWNER sh 1. hold CITY harmless f from any costs incurred by relocation of any existing public utilities in the existing public right-of-way �.,rithin OINNERIS property, provided such relocation is necessitated by conflict within improvements installed by OWNER. -2- Mlb m (7) It is further agreed that OWNER, his successors, and assigns shall abide by ali ordinances, laws, and regulations in full force and effect at the time of the doing of the work herein provided to be done. IN WI7NESS WHEREOF, said CITY 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 OWNER has hereunto c_�iged its name to be affixed the date and year first above written. OW'.",!ER i itle S� Far PiCHF�ELi� CIL ��ORPC�!.`� J.. <_r } uPFr.i T'T( Mayor J J City Clerk APP-1.0 'IED AS FrjR"' Q i ty Attorr:ey _3_ Q if s: .xa y�wwl0' ' A G R E E M E N T This Agreement, made and entered into this day of 1959, by and between the CITY OF CUPERTINO, a municipal corporation of t �taite ofbClifornia, hereinafter designated as "CITY" , and �� � �Z�'�ereinafter designated as "SUBDIVIDER." , WITINESSETH WHEREAS, said Subdivider desires to s_bdivi.ce certain land within said City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and - designated "Tract Po, 2341, Lynton Place" , Cupertino, California; and WHEL.EAS, said map shows certain drives, courts aral roads which are offere, for de Ji.cation for p.;blic use ; and WHr_:_.=ASS, saga subdivi-der Cesires to construct dwel lings o� r. Y the lots in said ract t, o. 2341 , Lynton Place ; -7 1IOW, E-;Erb , IT TS :'E; _ �' r�LTtUAI.LY AC crD by and between the parties hereto as follows, to wit : ( 1 ) In consideration of t^e approval of said map and accept- ante , on behalf of the public , :�f the drives, courts an;� roads off .red for dedication that the ubdivi.1-_:er will construct at his own proper cost aria expense wit•;in and ac oining said Tract to . 2341 , Lynton Place , improveme::` s- as follows: EI'_ST : Construct ' ity of Cupertino Standard separated thirty-inch ( 30" ) vertical Portland Cement concrete curbs and gutters, and four .;end one-half foot (41'2' ) Portland Cement concrete sidewalks, together with a Portland Cement concrete driveway for each lot extending from the back of curb, through the entire width of sidewalk as follows: -1- On the easterly and westerly sides of FARALLONE DRIVE; and On the northerly and southerly sides of VINCENT DRIVE; and On the nar therly and southerly sides and all around the circumference of LYNTON C()URT and PAT F.IC COURT; and On the northerly side of BOLLINGER ROAD, all for their full lengths within the subdivision. SECOND: Construct City of Cupertino Standard pavement consisting of eight inches ( 8" ) compacted untreated rock base and two and one-half inches ( 2, hot plant-mixed bituminous surface as follows: 0.1 VI JC:EF T D`=.IV'E, FA1ALL O'.:_ D:-_IVE LYxti70'; COU%: and PAT •,TC COUNT fol their full lengths anc' widths between, g:atters within the sui-Idivi.sion. = T .i�: Co^struct City of Cupertino ,'�pecial Pavement,- F consistirig of ter. inches ( IC" ) compacted untreatec Fy , rock base an two and one-half inches (2 " ) hot Plant-mixed 'bituminous surface as follows : Jr the northerly side of 3' LLI GEr. EOAD, oo.rtherly from the existing edge of pavement of E:. ' OA" to the lip of gutter; all for its full length within the subdivision. FOUF,_TH: Construct City of Cupertino Standard manholes, catch basins, storm sewers, and appurtenances to sires and grades as approved by the City Engineer and as shown on the approved improvement plans for said Tract No. 2341 , Lynton Place. FIFTH: Construct City of Cupertino Standard guard fence as follows: Across the northerly end of FA,RALLONE DRIVE, and across the easterly end of VINCENT DRIVE. -2- Gc~ Across the westerly l mits of Subdivision on the northerly side of BOLLINGER ROAD f roir the edge of existing paver,_nt to the lip of gutter. SIXTH: Grade all lots to drain into streets. r SEVENTH: Provide and install. City of Cupertino Stands rd monuments, monument boxes, "not a through street" sign and street name signs as required by City Engineer. EIGHTH: Provide and install City of Cupertino Standard electroliers where required by City Engineer. r'INTH: Provide and install or cause to be installer water distribution system, including fire hydrants, to serve all lots within said ":race- _"o. 2341 , Lynton Place - - the rum�er ar. tion of fire hydrants to be determined Central Fire Protection District of Courilty c` :Tanta Clara . i_i T1;: Provide and i_nsta' ' sanitary sewerage system to serve all lots within said tract ;10. .341 . Lynton Place . It is further agreed that, the Subcivider, at the written, request of the City, shall construct City of Cupertino Special Street Section, consisting of ten inches (10" ) of untreatec: c=ase rock and two and one-half inches ( 2: " ) of hot plant-mixed bituminous: surface on the northerly side of Bollinger r-.oad from the existi- g center line northerly to the existing edge of pavement , the cost of which shall be approved by the City Engineer and refunded to the Subdivider by the City. ( 3) It is further agreed that all of said improvements shall be completed within twelve ( 12) months from the date first above written, provided, however, in the computation of said twelve-month period, delays due to or caused by Acts of God, via, major strikes or other delays beyond the control of the Subdivider, shall be excluded. It is expressly understood end agreed that if Subdivider shall fail to complete the work required by this agreement within said period of twelve ( 12) months of the date hereof, the City, after giving ten (10) days' written notice thereof to the Subdivider, may complete the same and recover the full cost and expense thereof from the Subdivider. (A) It is further agreed that all of said improvements shall be constructed in accordance with the final plans as approved by the City Engineer of Cupertino, and shall be made under the inspection and to the satisfaction of the City Engineer. It is further agreed that said construction be in accordance with existing Ordinances and Resolutions of the City of Cupertino, and o all plans, specifica- tions, standards, sizes, lines, and .grades aprrovea by the City Engineer and all State and County statutes applicable thereto. ( 5) It is further agreed that the cor:structior, work of the- improvements embraced by this agreement shall Le dor:e in accordance with the Standard Specifications of the Department of Public W3rks , Division of Highways, State of California , C;ated August 19`-A, ark --r. accordance with the Specifications of the City of Cupertino, and t: e Cupertino Sanitary District where applicable . Wherever the words "State" or "Division. of Highways" are mentioned in -the State Specifications , it shall be considered as referring to the City of Cupertino, also, wherever the "Director" --r "Director of Public Works" is mentioned, it shall be considered as :referring to the City Engineer. In case of conflict between the State Specifications ana the Specifications of the City of Cupertino and t^e Cupertino Sanitary District , the Specifications of the City of Cupertino and the Cupertino Sanitary District shall take prececence over and be used in lieu of' such conflicting portions . (b) It is further agrees that the Subdivider shall comply wits; Section Two of Ordinance � o. ad of the City of Cupertino by obtain= ing an excavation permit froin the City Superintendent of Streets AUL '4' '.�N'%.5'^, .a.. ,,.. ..... ... _..... -..... .. .... -.,...,...._. ,..... .-. .ter_..,... ... '...,...r,. .... _,.........:,+.........+.._. N. k� before the commencement of any excavation in, on, or under the rYF surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the Subdivider shall notify the Superintendent of Streets of the exact date and time when the proposed excavation is to commence. ( 7) It is further agreed that the Subdivider shall pay the necessary expenses 1-,- inspection, checking, etc. , incurred by City in connection with said Tact No. 2341 , Lynton Place . ; S) It is further agreed that the Subdivider shall deposit with City, upon execution of this agreement for office checkinc of �x subdivision map, fiel.' checking of street monuments , fielc check of improvements, inspection of improvements, anc all r,ecessary expenses 'incurred by City in connector. with the saiti 7ract F;o. �t 23%41 , Lynton Place , the sum of TWO TH(YJS_A!'D, ON'_ D LLA � ( 12 1 0.00 ) . ��J i�.,.J , ( 9 ) It is further ayreej that at the completion of the ,cork and before final approval of the subcivi io- , the �co�V'�cer sn__I be billed for and pay, or shall 'lbe after c 3mple lior of, +j G work and final acceptance of the r)y the : i �y u Io ;.c4i the difference betwee:: -',.he actual cast of tl.e necessary expo, ves incurred by City in co--:nection with sai:� Place , and the total amount of the c.eposi . ( 10` Tt _L further agreed trtat he vil L;e =ha.. %tiv with City, upon execution of tir.is a:jree:,,►en-t , a corc ;.he am:)z;,,t of FIFTY FOU=. THCUSAi11'D DO_LLA.ES ( $ 4,v>GC. C ; Co inst►re for lacor ana materials, and a bond in the amount of FIFTY FOU:. T'--C_` A: D DOLTAFF.S ( $54,000.00) to insure full anti faithful performance of the const.Tuc- tion of all of the aforementioned improvement work (excluding 4 sanitary sewers and water cistribution system) and also to insure reimbursement to Ci '.y for any necessary expenses incurred by City t in connection with checking of plans anc inspection of said mprove- ments. -5- t 71111-T-1��77 (11) It Is further agreed that the Subdivider shall pay tcthe City, upon execution o: this agreement , a storm drainage fee in the amount of SIX THOUSAND, THREE HUNDRED DOLLkRS ($6,300.00) , as required by Resolution No. 77, in connection with said ':Tact No. 2341, Lynton Place. ( 12) it is further agreed that the Subdivider shall file with City, upon execution of this agreement, a bond in the amount of SIXTEEN THOUSAND DOLLARS ( $16,000.00) to insure full and faithful ' performance of the construction of a water distribution system to serve all lots within said Tract No. 2341, Lynton Place . Ith ( 1-3) It is further agreed that the Subdivider shall file w., City, upon execution of this agreement , a letter from the Cupertino Sanitary District, stating that the 33ubdivider has entered into separate agreement with the said District to install sanitary sewers ' T -W , Lynton Place , and Tract to serve all lots within said to 4 stating that a bond insure re full ano faithful perfor—mance of the construction of the sanitary sewers to insure tn-- general :guarantee as stated he 1 o w in P 6 r a D r a 5]-1. 4 ) ha s ID e e r_ 4 ed . 7, 4 1114 � it is further agreed that -' ubC.-, V luer shall . upon -, notice thereof , immediately repair or replace , wit-o-t cost or obligation to the City of -,'upert ,;-1c . ar--, to the r-r.tE I r satisfactio�- of said City all defects ano imperfec-, ions arising Djr- of or cue to faulty workmanship anchor materials appearin ir. saiL; work withir. a period of one ( 1 ) year after date of fir.a' completion, anr; acceptance . ( 1t) it is further agreed that th,-, �uboivider shall file with the City, upon execution of this agreement , a letter from the Centra * Fire Protection District of Santa Clara County, stating that the Subdivider has entered into an agreement with saia District to install fire hydrants to serve said Tract 1,81o. 2341 , Lynton Place, an.--, stating that all necessary fees have been -4epositer-I with said District to insure installation arill five ( t ) year rental fee of said hydrants . -6- ( 16) It is further agreed that the Subdivider shall pay to a Pacific Gas and Electric Company any and all fees required for installation of overhead airing circuit to all electroliers within said Tract No. 2341, Lynton Place, when Subdivider is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. ( 17) It is further agreed that Subdivider shall carry out any and all negotiations with all interested parties, and perform or cause to be performed, at his own cost and expense, any , --:J all work of construction required to raise, lower, relocate, or other- wise modify the irrigation line or water line or lines and appur- tenances existing on any portion of the lands upon which the improvements of the said Tract Nao. 2341, Lynton Place , are to be installed . ice) Tt is further agreed that 1_he Jubdivicer shall �erfo.--m or cause to be performed, at his own cost and expense , =ny and ail work of constructAon required to raise , lower, relocate , or other- wise modify the existing Pacific elephone and „ele2raph Compar.y conduit .iocater- in the existing Z-f- foot easement or. the north si .e of Bollinger -_oad. ( 19) Tt is further agreed that a7�y easement arc : ght of as necessary for the completion: of the project shall be ac-uirec by the "ubc-ti'zder at his own cost and expense. It is provi6e6, however.. that ir. the evert eminent domain: proceedings ;are required by the T' for the purpose of securing said easement and ri: ht of way, that. the Owner or Subdivider shall deposit with City a sum coverinc, ihe reasonable market value of the land proposed to be taken and to be included i.n said sum shall be a reasonable allowance for severance damages, if any. it is further provided that In addition thereto such swims as may be required for legal fees and costs, engineering and other incidental costs in such reasonable amounts as the City may require shall be deposited with City. -7- aC r� (20) It is further agreed that the Subdivider shall indemnify #- and save harmless the City of Cupertino, the City Council, and the City Engineers and other officers or employees of City of Cupertino from any suits, claims, or actions brought by any persons for or on account of any injuries or damages to persons or property sustained or arising in the construction of the work due to any acts, omissions or negligence of the Subdivider, his officers, agents, employees or contractors. (21 ) It is further agreed. that the above named terms and ; conditions for the said Tract No. 2341, Lynton Place, shall bind the ` heirs, successors, administrators, it assigns of the Subdivider. The assignment of this agreement shall not be made without approval by City Council of said City. IPA WITNcS: h' EREEOF, said City has caused its name to be here- unto affixed by its Wayor and City Clerk, thereunto duly authorized by resolution of the City Council , anci said Subdivider has hereurr:to caused his name to be affixed the day a^c year first above written, CITIV G' r_11P_.. Di *O-. "Y_ ►.ayor i a n d City Clerk Dy w ritIe A PPr OVFD AS TO FORM,: City Attorney r � it � s AG' REEM -ENT This agreement, made and entered into this 3rd day of a August , 1959, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as "CITY", and EDENVALE LAND CO. , a corporation, hereinafter designated as "OWNER", WITNESSETH WHEREAS, said City has found that acquiring certain land ' of Owner within: said City of Cupertino for the right-of-way of f Regnart Creek is necessary for the benefit cf the public safety �. and welfara! ar-c } WHEREAS, _aid Owner has a,reec tc -:;rant, cnec ccnveyir saic land to City for a reason.'cle HERE UALLY wi _ . C Vey -.tee J- _ x r M Ac . x _i , owE, Yr. exccu thi = reemer:t ,z,V __ `, ..r.e �•t THFEz - - f 199� surn zero an 1JO/.l n�1J �.).. .i ) ";Cres , rrC `=.re Dr i'arx. the pertior-: of the right-of-v.vy of Regnart Creek , �-,rartec c City lyir _ ac * acer,i. t ; _r:c westerl-d Tract 2248, Paci.riC� � 1D 1V�eiJr,, rx times Seven Thousand Two Hundred Dollars ($7,200.00) per acre. (0. 138 Ac. x $7,200,00/Ac. = $993.60) . 3. City further agrees that at the time of future develop- ment of said Owners herein referred to property, City shall pay to Owner, at the above agreed rate of Seven Thousand Two Hundred Dollars ($7,200.00) per acre, for the area of any portion of the herein referred to right-of-way for Regnart Creek lying adjacent to any said future development. 4. Owner agrees that upon execution of this aareer �,t, e he stall also ex.r,_uty the grant deer con-teyl- City the entire right-of-way for R« - art, Clee- ;.hrou h his herei.. referrer ar-c said ?rant det_d to of Cupertino. WHER EC'',F, saws y K.-- C u.., +I; ity ..,:e XeC oy l+ j/r✓T_ ;. _ 'y' C fir: , 1'eZeuF. . 1� ;yr. .rLzej cy resolutlor, rr '_Ye �cu-:c _ , r _U Owne_ ,. s hereuf to Causeu has r.arnv `lC a2fixe".; firs .. 'rove vvritten. 7 y v0 e......-- ay and City Clerk APPROVED A- TO FORM: _ rDE^7VALE �.A' G Co , a �cr oratior: G1 Attorney by T1t -L- 3 h :t T .,. - ^f s1 t•,4 f � I t � Vi NO �1 �` 4 ,•' �i yid i ; �Y t 5 F ' it Rl► ,. 1. f d1 4a 2-41 AGREEMENT This Agreement, made and entered into this 20th day of July 1959, by and between M:ARIC E. THOMAS and ALDO P. SAVIO, 18 N. San Pedro Street, San Jose, California, s hereinafter referred to as "OWNER", andCl-TY Or CUPERTINO, a municipal corporation of the State of California, hereinafter referred to as "CITY" , ' WHEREAS, the OWNER is securing rezoning from City to mainta..n a commercial enterprise ; and ^r iv'HERFAS, CITY will consider approval of rezoning on the agreement that OsVNER will construct curb, gutter, siUewalk, anal paving from the existing edge of pavement on the north vide o `_,te`✓ens ''reek '_­;oulevard to the _ ip of the proposed �qutter, in ac orca .ce with t.r�e approvec i.mp'_Jvemerlt pia-.s and in accordance h _he terms ccnta,.^e=c he-e , as well a ct:^.er ccrci_ _ ons a � aocp-ec aa:c cu�lir.ed i.. j_Ty Plans._, .ommiss_3- l.e -e� all a ri v w e l_ v. O -h e r r...V..J .� 1.U n S a c T((a J re'' _j rea '. thie -Engzf:eer of row, tti.erefOre , HZP A t.: =ED by ar. _ _;etween. +_-!e pasties '-ereto as agrees to co�-;vey to :T:Y _ _r_ roadway purposes a forty-' ive �oot trip of YToperty I lir, rrtherly from the mor.umer.t 1 sa1 tevens nee `3ouleva:r:) *y deed for the en--ire le:-:gth of G'N" _: ' , property and OWN-E. , a:_rees to execute sa .c reea when presented to him for signature , ( 2) =t is further agreed that O'lall-c. -hail construct standarc cur`c, gutter, commercial slcewalk, and shall, construc`� �ity Special Street Section consisting of eigi.t inches ( S" ) of untreated base rock and four inches (411 ) of plant-mixed surface for the entire area between, the edge of existing pavement on the n;)rth sine of Stevens Creek Boulevard and the lip of the proposec cutter for the entire length of OINNER'S property as specified on the approved - -1 - �,�r .v, improvement plans, said improvements to be completed within twelve (12) months from the date first above mentioned. The sai-i improve- reents shall be constructed in accordance with the standard specifica- tions of said CITY, and shall e constructed under the inspection and to the satisfaction of the CITY Engineer of said CITY. ( 3) It is further agreed that OWNER file with CITY a bond in the amount of TWO THOUSAND EIGHT HUNDRED DOLLARS ($2,800.00) to insure full and faithful performance of the construction of all of the aforementioned improvement work, and a Fond in the amount of TWO THOUSAND EIGHT HUNDRED DOLLARS (?2,8�0.00 } to insure for labor and materials for said work. (4) It is further agreed tha- OWNER shall pay to -ITY, upon execution of this agreemer:v, the storm sewer charges in connection. with that port?.on of )Vr" ;'� property, :e;ri oe ✓Glopec in ac: orc- ance with the requ: remer.t st-ar,' _shed ryy =.e _oi , on I o. 77 in Lhe amount of ._�:1?T ":tea._ , :._": A`;L f= . DOLLAFI- Tt further a_ _eu ave. oepositeu p= v_T t of:•ry" 1 �.. �= : - 'Z�-.._ _ or off -':e ch_.,,. _mpr"V m_..tS ar.0 a r.�C _ r a eXG-..I _ _ _.._.ur.Z.' 'Cy lmprCve—e . . _.. l f', LT ) ^o ex st -1 _ - S e I 4 ' _ ct.:fT... _ : ; Csr p r c e s.. �-.;1 off i ce or a per_oc o: c;r,,a ' i ) ye _ o_. r. ...e ; l ) year per-.o'� ceo� rin__ _pry 3 } cays =r m nc� . . Jr: y :. Orainance rezo-._-y the r e I e r-2u _°? proper.` ✓. ( 7) +t _s further aDreec` that ile C r`'?`._ _ �'.r~al� hold: the ; }:armless from any costs incurred *icy reiocatio-. of any exi$ti.ri public utilities in the exiEiir , ouhiic ri )ht or way within OWNER'S property, provided such re= ocation is r.ecessitatea by conf_ tict within improvements ins-7a11ec cy r -2 - ,�s+'r'v�+.:-bx o-,tu.;u mot,...:'yi.• ,r. +ai.�,^ .v:,- ,pia z x�t ,:.r cw.u... ^.. ,!. 4 (8) It is further agreed that OWNER, his successors and assigns shall abide by al'_ ordinances, laws, and regulations in full force and effect at the time of the doing of the work herein provided to be done. IN WITNESS WHEREOF, said CITY ;has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by rem: uLion of the City Council ; and said OWNER has hereunto caused his name to be affixed the date and year first abOVe ".iitten. all E-R Y.,-lr .. H. Thomars e 1 0.r�r Aldo P .s avlo .r _. y er1 t ,t. ih F. 43 i� n. _3_ q ki. � �..,'. a.r a", 1 �R, _.'e+ :t....°t-r. .P. ti3kl. - 5 AG R E EM E N T This Agreement ,made and entered into this 6th day c,f ,Zulx 1959, by arrd between the CITY Or CUPERTINO, a municipal corporatj_on of the State of California , hereinafter designate as "CITY" , and PERMA-BILT DEVELOPMENT CORP. , here- inafter deli nat-ec as "STUTBDIVTDER", W _ N E S S _. T H NHB AS, said Subdiviaer desires to svbc `_ ✓ice certa n ianc W; +1-1_r, = * y o 1'Upe.r- ^io a,cordai-.ce w* tl- `:? map 'here:.c'ere M f ec Y! `. she 1 t'}/ rC3U' : " _ of -`he :`.ty or '-'Upe- _ _ market: .es a,e . "�_ c :: 2� ;, ;c: .._ y L _e _? e , ... `;c . 2 {w �s . _ _ .. _ .. ._ .,_ .. _ _ v . ail: _ _ • � _, _ . , -.. _ . . �. _e"� Cs cor:_i-e ue or veway _ +;_ ea r. i, eii e r _ _11 tT: a._ .. e: Te h { :. .,he i?oI _r:er a sou r.err. c _es _-? H', .'_ _he ."iorT'nern ar.c SoU_hern sicc. aT?o all arouT?c: -ham circumference of La Roca Court. ; and �k. W -M :. ' On the eastern and western sides of LA RMA DRIVE, and On the eastern and western sides and all around the circumference of PINOLE COURT; and On the western side of BLANEY AVENUE; all for their full lengths within the subdivision, as shown on the approved imprvement plans for said Tract No. 2378. SECOND: Construct City of Cupertino Standard pavement cons-4st- ing of eight inches (80 ) compacted untreated rock base and two and one-half inches (2i") hot plar=t-mixer bituminous surface as follows: On LA rODA TOUR-, PIIJOT ,OURS: , LA RODA DF--V: and P Y' ?t' DRIVE fcr `heir full ler-•ths anc wi-ths within the s-Jc� LLvisicn; and ('n the wes ver.": s .ue C= betweer: Droncre..• )Ijt-e_ ...c ! e ce.. A _ _ . . e _ j her; e. c a- , 11 1 'fe ..eri..; eii,:. .. . race a- . - 1}., _o tirC .. .- is Prov_ce anc ..E al, _' 'f orument- S, mor:umei.4 'r oxes, st r e e ':aT= £ _ 1n P S' S, ter, a r'ou-� Sheet„ �.t ai:U Stree- :-.am try Engineer. -2 .Pi �nw GE O H:Provide and install City of Cupertino Standard electroliers where required by City Engineer. EIGHTH: Provide and install or cause to be installed water distribution system, including fire hydrants, to serve all lots within said Tract No. 2378,- the number and 1 Lion of fire hydrants to be determined by the Central Fire Protection District of County of Santa Clara. NINI Provide and install sanitary sewerage system to sez,re al lots within: said Tract No. 2378. ( 2} _t is further agreed that all of sal , ve comple .—c within twelve ( i2} rr;c^ h_ fro t* _ at a ovL provided, however, in the computativ- of sal . -_vveive - per--cc delay= due to or caused y Ac-t _ i = :rIkec- -_ -)her delays ceyor.d t,._ z�a ,-it roI su: _ cer. .h=1_ _ -:x: l.udec . expressly urd__ rood a-. ,reed ete the won. equ= re _y __.:_ ..."_' t i.. _.%e.lve , IL n..J... . ..-- G _ _... r:c _ - - • _ ,. • s _ .__ is V ,_ .. _C_. i.o 1e r._ _ _ ....� _ �. _ _ .�G� • itim - _ 'L u.... S.arr:? a-- e c o v e a , :eeu +..a- a-- i ! :a _ ! :. . _ .._ -_ _• - 'Cli Of''..c':i..a: ✓Lf Spec _ _.. :r._ vG t..e a, s-f�act _o . _ --he _ urther a _ r'-eu than sa_._ _Gnstruc __ �. : e _i. a rca.._._ ✓: ex_ _ Ord a._ e _. a esc1F _�ons o: _? e y G, a . plan, SpeC_T - cat-Or:S . stair:aarcs . : ize approved he tr �::nszn.eer arc all :state a-c a s applicab e thereto. } =T. s furi.her agreed ..hat t'ne cor-.s- x r . 0-- embraced ty this agreeme_,. steal. :e c,cr.e '.. accorca�ce with the Standard Specif;ca+ions of --he Departmen, o tPu'T,lic 'NO rK -�iv�s_on o Highways, S+ate of Cal,forr: _a , da?ec Au u_ - _g; ' arc in accordance with the Specifications of the City or Cupertino, and the Cupertino Sanitary Di4trict where appl-�cable. Wherever the words 'State" or "Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City o' 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 of Cupertino and the ,upertino Sanitary District. the Specifications of the City of apertino and the Cupertins Sanitary LDsstrict shall take preceoe:rce over and be used. 1r. _:_eu of such. conflict f = - port=ons. rr - ; It is _':rther a eec _hat 'he 'utc v err shah comply w vh Sect or. -wo of an ex"cav3t= 1r. per:-, ' -- ree:s r_e -I - _ Y the CORi'.__. efTle;. 3".V ?;, c'v . _ ; . ��? o t.:. . �h? sUrfeCO a n y e x _ _ P',,. a e . _ _jv;:. s r e r p u;,1 piaLe . _ rs tha Cuperir. .= .�_..t c. ` � s a _x ,._ . _ a.. . me whet. the propose _v, rva _ . s ' :e {hail pay r`:e n e c e s s a r xpe.. _ `sr .. Ne e _ e c . . _..curved y City L .•. Upor. xE U _ i)i .,. _}._ a _reeM ..1 _ rf : may' cti ecK_ . J _. . subu,vi map, ec!_ Iee'_ (? v.'_'Jme, s _ _ e_v cf:ec Of 1mprCvelnen`Lls . -' r.-pect ior of _m..pr.J'vemen_s c'. ai _ necessary expenses _'ncurrec :ry t._ty cc, ilec=ton w sa _c _-ract •:O. 2378, the sum TtiF.cE 7:MIA D c7!:_ and '-0/1`-O DCLLA,�. _ (.13, 121 . ) . ( 8) -t is agreec -hat a -,he comple _Dn of the worn and before f-ral approval. o' _r.E sU , _V_ s pl; t12 SU(d..vider shad be billed for and pay, or shall be refunced after completi-cn of the work and final acceptar.ce o� the s<a •diviF,ion by the City Counc_l 4- �r the difference between the actual cost of the necessary expenses incurred by City in connection with said Tract No. 2378 and the total amount of 'Lille deposit. (9) It is further agreed that the Subdivider shall file with City, upon execution of this agreement, a bond in the amount of FIFTY EIGHT THOUSAND SEVEN HUNDRED FIFTY and No/100 DOLLARS ($58,750.00) to insure for labor and materials, and a bond in the amount of FIFTY EIGHT THOUSAND SEVEN HUNDRED FIFTY and no/00 Y DOMARS ($58,750.00) , to insure full and faithful performance of the construction of all of the aforementioned improvement work. ( excluding sanitary sewers and water distribution system) and also to insure reimbursement to City for any necessary expenses il-clirred by City -_n connection wits check_n�:; of plans ant -nspec+ion of saiC improveme.. ( l c �UrLheT a r2eC -ha _he -`--;b _v aew st:a_? Qay vo .=s s-,�orm sewe._ char:Jes c0 r.ec" . Cif. W. ti a .. requiremef.1 es at:I ed riE'S^�' T I 'Lif)v'A: ✓ _ Cy.✓ 3.r:V ~.J�i _ .!�`_LL/-1:.v r - , ' .+ ✓• i } _ S -Urther e '.J• ": _V_+ e T :'L+} upor. execu"..�o� of a reeme.. , a r. a�,aun o ic fa thful der_ ;rmar:ce of _.. co<istru_ t; c _ o a wa - s V s e m. _v - _ all _o ..., x_ _h: ;. sa_ ra t 2378. ( 12) _ f'urther aYreec „a --^:e U c-4v _ er d-.a __ �ity up- execu io;. o a regime:. .. , a let�er _ TOT _he _'up�=.r_ _ .._ a, i ar', s a'. _.,a the UCo V_ er ha_ e:.tere� to separa e c e�fTa'.i :°�`_t}1 trE Sa_u �i_ � .2 . 0 ti :G ._ :,ewers _c se_ve all lets •.-_thin said `race ?:o . 2378, ar.: that a ,o,.a to insure u1= end faithful performance o the _ or) of the =3nitary sewers and to _ns::re +rie, general _uara :tee as statea below in Paragraph ( 13) has been filet. e5_ WA (13) It is farther agreed that Subdivider 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; with+ir, a period of cne ( 1) year after date of final completion and acc--pt- ance. ( 14) 7t is further agreed that the Subdivider sha _1 file with the City, upon execution of this agreement , a letter from the Central Fire Protection District of Santa Clara County, that the Subdivider has entered into an a,reement with said Distr_c- to install fire hydrants to serve said Trac- T+o. 2378. and stat= r. that all necessary fees have been deposited with sa D_str4c- o insure ir.ctallat=on and f _ve 7 ) year rental fee of said hydrae.-s . ( 15) =t _s further agreed ~.hat the S....civider shall apply the _ :stailat=or. of electric- power for s-ree _ l -h- - ^ at -he earl_est Cate poss�bie . ( lam) _ 1S rur-her a, reec that the E _ci.V: pa.,r Paci_ c ns an ectric �orr,pany ar�y ar.d l_ fees �eq_irec _'�,r of overhead c_rcu_ . _v all elec rol_ers sa_ . T rac _ :"o. 2378, when. Subd=v:_oer s v' _eC e_t f:er re 'he P a c a S, ar G, Elec trir spar,, , _.. sa _r -eg�:•_ are o t i e s pa::c e . s furt�:Lr a,reec that any easemer: _ a-:c r_ c:,h{� ; nticessary :or _he corrple:_o:: of the pro ¢c_ shall acquire r,y the .ut:U _ J_ .;er au Y: 5 O'Nr. cc a.:d exper:se . =t - _ Plov-cec, F. 'TAJ_ . e that eve..t, em_nert Cioma_n proceeC _, - are required e ;ity for the purpose of securing said easem.e.nt a.dr ht of ;Wray. that the GINNEF, or Suba_ . _cer shall depos with -y a sum cove--* the reasonable market Value of the ! and proposed to taker a': a�. to be -Lncluded in said sum s}.all be a reasor.aLle allowance for severance damages , any. It is further provides tha=-- in a alice: thereto such sums as may be recuired for legal fees and costs . r n -b- 4 engineering and other incidental costs in such reasonable amounts as the City may require shall be deposited with City. ( 18) It is further agreed that Subdivider shall carry out any and all negotiations with all interested parties, and perform or cause to be performed, at his own cost and expense, any and all work of constriction required to raise, lower, relocate, or other- wise modify any irrigation or water line or lines and appurtenances w existing on any portion of the lands upon which the improvements ofr said Tract 2378 are to be installed. (19) It is further agreed that the Subdivider shall carry o complete insurance coverage and shall file certificates thereof with 1 the City Engineer and shall indemnify and save harmless the City of Cupertino, the City Council , and the City Engineer, and other y' officers or employees of City of Cupertino from any suits, cla_„ns , or actions brought by any persor:s for ci on account of any in ur_es or damages to persons or proper�y sustained or ar?sinb in the co-.- =tructicn of the work Cue -to a-y acts , omissions or negligence o` he Subdivider, his officers, agents , em.,ployees , or contractor:. . ( 2C) It is further agrees that t'._ aDove names terms ari conditior.s for the said ---ract ':o . 2378 Shall h_,ind the heirs . successors , administrators, or ass .gr, . of the Subdi.vder. The assignmer=t of this agreement stall not e made without- approval y City Counc 4�l of said City. I`v vIT` EIS ih`NEREOF, said si`y ha ..:used ,. a m e o e affixed by its Mayor and City perk, _r.ereu;:'_o uu!.: authorized resolution of the City Council , and sa`�: V! . ' 111_' Uel has hereunto }5. causes his name to be affixed the cay a ..; year : is v ar;ove written;. SUED_ PE_�_.?rA-n"ILT D.EVELOPMENT CORP. t� APPROVED AS TO FORM C orney CITY OF CUPERTINO z b �•. y ✓ � ic .� Mayor and- City Clerk -7- � ' ' : ta[ d t�4tt k " y a�4' ► ,,.. and * 7 of ®t f r+ " to n* b tViet and s Widers of b*V* !er aawa tie then In of a oaepeSti®e pPese" rev to iM and maiatenAnee of ReMort V.sookp ,* fmometftoughaity*s orrarts eaiemisnts have been conveys! to the Ustrict for the Improvement and maintenance { of said eree$p and ADM® it is necessary for development on both sides of said creep that certain culverts to constructed to carry traffic across Regn art Creole® and WHARMI, the City is in the process of construction of the Slaney Areas Crossing and the Pacifica Drive Creasing of Degnart Crests, mot! VNINUM& for the protection of said crossings and the proper b1draulic control of rater within Degan►rt Creels it would be desirable to augment such subverts with warp" wing wall&s and 'NIUMSM# City is willing to fInaaae said work and assume the costs or the culvert for read purposes it District will bear the east of the warped wing avails s asad 111 9 City teas resolved bids fear the construction of the Maw Avenue Culveartm with wingwallss and after examination or bids it is evident that the cost of the culvert is in the amount of CAMSMa W 21&t R=dred and Ughty Della" 1 ($7#800*00) and the cost of ttae wingvalla is in the amount of OWN . r its cti w :. .�'... , t the „.: at ` *out 89"M ry . "xr to I --& a i #%W *us SPOSSIM awww d IV MY a "New" by >iiS #ts S* city sown Prowwo statur p2ans and speeitiettions �, !' • b eft a d win Walls for ftelf"S Drive No Man It a w— -now contrast for as" ftsifisa art" l "Ve rt vittaim yam IV590 30 lwit"M 2birw (30) do" after re"SWINS a bill w,. taspefsre trew Uvy• is duplisate a Distrust aSroes to pay City am case of WUN walls. on am Blaney Avenue tieUVe' to WISA $S st®A`C®. 4* Tbat for Uw Wye to be par on the f'telfloa a r Drive culvert District Will pay to City 39*71% of ths cost of time Patifioa Drive boa culvert and WIGS walls as determined by ttw IeMst bid accsptsd by City ter ouch culvert and wingwailso Said payment shall not be wto until ftry i S a t"C o and after receipt of a bill is dupilieats from City, ". S. Tt 1s aWsad that PLUM ald sysoiflcat.IGM ter _ said M,#ifisa Drive Culvert and Wins Walls Will be ' v3:q F w � %y ltistriot &r to 0tFVo4►VVmi ®IAWO and 6. It Is hereW agreed tbat after eenstrustion of Wald sulverte City MAU tavo title is and be rsspsasibie for no stename of sush ou lvevIo s and District 40011LPAN _ Ilea b • �a 4i I .v^ 4 :r t, t# i e' :t s f da F � �Y z m Ir by t2w nould or s am"ass at the 'a Vol 1 and V&VAV COMM"at t r*At Umt the ag" 4s hweby asut "ed and d1'reft" t by bgtumm tha City of ftpwtfto and tbU District& dat" jme 15 s 19599 and that said Agreement is hereby apVrowedo h9 the Board of ftPsrvisOrs of the Santa �.. Gars Coutm*y nm)d Cmitrol aA Water C®> 86"UtIOn KOtrl*t this 29th day o8 Jsssmoip 1959n by the following ®ate® ATE m Superwlsors p Doi MAaGI JRZ, HL'RBARD. LE'ti I N. SLA3 l p WE--' H: r; SMS a d%wer►isors o N;D a e A13eiRNT# Supervisors# � r ( ; Irman of or usporerlsors ATT33TI RICRiRD OLSOS9 Clerk of said Mwmrd of Supervisors* RIGHARID oLS®N ln-! Jment is al c�:rGc car he or;ginal A i L-) P CH +KO OLSON Clerk 8oarJ cf Supervisors By 141 ©al'A JUN `' 9 1959 .t x r AGREEME—N T This .Agreement, made and entered into this 15th day of June . 1959, by and between FETE ZAREO and ANN ZARKO, hereinafter referred to as "OWNER,s and CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter referred to as 'CITY," W I T N E S S E T H: WHEREAS, the OWNER is securing a moving permit from CITY; and WHEREAS, CITY will consider approval of a moving per- mit on the agreement that OWNER will construct curb, gutter, sidewalk, and paving from the existing edge of pavement on the Alestside of Saratoga--Sunnyvale Road, also mown as State Highway No.9, to the lip of the proposed wutttr, and in accord— , � ance with the terms contained herein, as well as other conditions as adopted by CITY, and as well as other condit!.n ns as ma.-,- be required by the City Engineer of CITY; now, therefore, IT IS HERESY AGREED by and between ti-le parties hereto as follows, to wit: (1) OWNER agrees to convey to Ci TY for roadway p-lrooses a thirty--foot (301 ) strip of propert;- lying westerly from the western right of way line of said Saratoga—Sunnyvale Road by deed, fnr the entire length of OW*.tE-' S proper-y being developed at the present time, and OWTJER agrees to ex-c'.jte said deed when x. presented to hire for signature . (2) It is further agreed thF+ t OWNER shall construct standard curb, gutter, commercial sidewalk, and shall c -)nstruct City Special �~ �s dry. e Street Section consisting of nine inches (96 ) of iintrented base rock and four inches (48 ) of plant-nixed surface for the entire area between the edge of existing pavement on the west side of Saratoga-Sunnyvale Road and the lip of the proposed 6-utter foP the entire length of OAR'S property as specified on the approved plans, said improvements to be completed within twelve (12) months from the date first above mentioned. The said im- provements shall be constructed in accordance with the sta_ndar specifications of said CITY, and shell be constructel under the Inspection and to the satisfaction of the City Engineer of said 0 I�'Y Y. (3) It is further agree- that OWNER file with a bon4_. In the amount of ONE TH('_'U_')AND EIGHT HUNDRED FIFTY DOLI.A S (.._1850.00) to insure full an' faithful perfIrmance of t e con- struction of all of the afo_-ementioned =-prove,ient sn ' a bond in the amount of ONE ,�F.,r Sy :D EIGHT �U::DaiED _ :'�. DCL�4 ($1 `-5U.00) to insure for labor an :_ Mpter4;;l, 'or sa ^ work. (4) It is further agreed that OW.dE?. s :a1i Day to :ITY . .iron execution of this agreement, the stor.m serer char�:es In connection with that portion of OWNER' S property eeinrµ developed in accord- ance with the requirements established by Resolution. No . 77 in the amount of ONE HUNDRED r:INETY-THREE A:-D NO/100 :CLLA:-is (#193.00) (5 ) It is further agreed that OC"I'Z: shall '-:ave ieposited with CITY, ipo n execution of this agreement , for office c_.eck- ing of Improvements and all necessary expenses incurred by CITY In connection with said improvements the of ONE HUNDRED DOLLARS ($100.00) (2) (6) It is further agreed that the OWNER shall hold the z' CITY harmless from any costs Incurred by relocation of any existing public utilities in the existing public right of way within OWNERIS property, provided such relocation is necessitated by conflict within Improvements In*tc1led by OWNER. (7) It is further agreed that OWNER, his successors and assigns shall ahide by all ordinances, lags, and regulations In full force and effect at the time of the doing of the work herein provided to be done. IN WITNESS WHEREOF, said CITY has caused its name to be hereunto affixed by Its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council; an said OWNER has hereunto causei his name to be affixed the date an,.t year first above written. OWNED Pete e Ann gXrko d Mayor IPIN ' City Clerk APPROVED AS TO FORM: ty Attorney (3) u , Aw go A13 „Ls9s ftl® Agmeseat, mate MA entered into tbl® LLt.Ld^F Of Jun a 1 s by aM between VANU DAUMA and MM 3. SAIAMk h9relaartar Pererred to as MUMMe s Md CM OF UW a asnielvai earportuen or tu state or caurornia, hmmimnor rer to as 8611re VUZRZAS,P Ww OVM is soaurlM a building permit from CITY to construct a commercial bulldlag® and ® CITY will eontilder approval or building peralt on the agreement that OVNZP will coastruct ameba gutter, old , and paving from the existing ofte of pavement on the toot olds, of Saratoga vale Road, also known as State Rigaway No. 9, to the lip of the proposed gutter, in accordance with the terms contained htreln, as well as other conditions as adopted by CITY and out— lined in City Engineer0a letter, and as well as other conditions so may be required by the City Engineer of CI'T`Y; now. therefore, I? IS HEREBY AGREED by and between the parties hereto as follows, to wit: (1) OWNER agrees to convey to CITY for roadway purposes a thirty font (300 ) strip of property lying westerly from the wester right of way line of said Saratoga—Sunnyvale Road by dead, for the entire length of O NER$$ property being developed at the present time, and OWNER agrees to execute said deed when presented to b1m for signature. (2) It to further agreed that OWNER shall construct standard curb, gutter, commercial sidewalk, and shall construct City bpecial `1j i A°,: g d 5setion consisting of also Inches of untreated blase reek and rour 1 (40) of Pbmt mixed surface rap the entire befteen %be oft@ of e3de t an the wist olde of SamtocamOwwwwaU asad and tbo Up of fte worpoed Satter for e Me exUre Asogth or ftat portion of 00=03 proporty as asweiried an Me approved plans, said improvements to be complated within ` tH 1we (12) months from the date first above mentioma. fhe said IsPrevements shall be constructed in accordance with the standard ifleations or said CITrg and shall be constructed under the InopectIou and to the satisfaction of the city angineer or said r � K (3) It Is further agreed that OWNER isle with CITY a band in the amount or OBE THOUSAND FIFE HUNDRED FIFTY DOLLARS (;155o oo) to insure full and faithful perfnrmanoe of the construction of all of the aforementioned improvement work, and a bond in the amount } of ONE THOUSAND rrvz RmURED FIFTY DOLLARS ($1550.00) So insure f_ for labor and materials for said work. (4) It is further agreed that OWNER shall pray to CITY, upon a air. execution of this agreement, the stoma Bearer charges in connection with that portion of OWNER13 property being deveelGped in aoojrd- ance with the requirements ®established by Resolution No. 77 In the amount of ONE HUNaRsD aIAOY&oACe No LL&Rs ($16-L.00) s ' (5) It t® farther agreed that OWNER small have deposited with CITY. upon execution of this agreement, for office checking of Improvements and all necessary expenea s incurred! by CITY in (2) .+y2 k. y ' ll Rif'P A k, yfit` ss0�, eMMOUM Iith said IMProvemml sues o (6) it is rurther weed that as Own shall hold ww 01ty ts d by "location of any ead®t,ag vdblie utilities is the extern a public riot of my uithia OMMIS pmperty,, provided mwh relocation is asoessitatod by ® list within improvements installed by OVNZR. (7) It is further agreed that ®tNS-11, his sucesseers anA assigns shall abide by all ordinances, lave, and regulations in fall force and street at the tied of the doing of the work herein provided to be done. IN WITNESS WHERWF, said CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, therounto duly auth- orized by resolution of the City Council, and said OWNER has hereunto caused his name to be affixed the date and year first above written. OWNER ant® Salera t �� �ara CITY Of CUPERTINO Mayor ate. ly er re - at APPROVED AS TO FORM: k j t $XY 11ty fornoy IMOR AND MATMAL BOND (Subdivieles I rovements3 EM ALL NO BY THME MSENTS A& Ulm (hereinafter designated as "Principal) is about to enter into a contract with the City of Cupertino, providing for the Installa- tion, oonstruotion and ereotion by Principal of certain, improve- meats more particularly described in s aid cor,ti ract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of hie or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used In, upon, for or about the performance of the work contracted to be done, or for any work dim labor done thereon of any kind, the surety one aid bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and OWIMMAL CATTY CWAM as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the afore- said work contracted to be executed or performed under the contract hereinabovre mentioned, and all persons, companies or corporations, lending or hiring teams, implements or machinery, for or con- tributing to s aid worm to be do ne, and all pe rson s who pe rform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by principal or by any other person, in the just and full. sum of AMU k THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, adminia•tra- tors, successors or assigns , shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act vdth respect to such work or labor, then a aid Surety vd 11 pay the same and also vd 11 pay in case suit Is brought upon this bond, such reasonable a ttorney' s fee as shall be Fixed by the Court, This bond shall inure to the benefit of any and all persons, companies, and corporations enti-itled to file claims under Section 1192.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. -1- w + S .r c And the said Surety, for value :c:: :;.ved, hereby stipulates and agrees that no charge, extension of time, alteration or addi- tion to the terms of the contract or to the w rk to be Perfornel thereunder or the speciflostions accompanying the same shall in any vise affect its obligat..ons on this bcrd, and it dogs hereby waive notice of any such chsngo, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrume t has been ply executed by Oe Principal and Surety this day of 19 f r n pal By By At, c rue in P (To be s!gned by Principal and Surety and acknowrledgment -nnd notarial seal attached) FAITHFUL PERFOBMANCE AND COmPLET-Ion IA;?ROVQ4.ENT BOND r' (Subdivision Improvements) KNOW AL3, MEN BY MERE PPXSENTS: That we, Isom AM no IBM as :e: r Principal, a6t ' as Surety, are held and firmly bound unto the City of Cupertino, State of Cali- fornia, in the sum of Dollars ( - ) lawful money of the United States, for the payment of Vzh1ch well and truly to be made, tine bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that: WHEREAS, said Principal will perform all necessary improve- ments relative to located in accordance wi he app ove mproveusnt Plans prepared by the C�91t Eng ineer' s office;"Milan ' Civil Engineer, on file in Y g , WEEREI improvements shall be completed within one ( 1) year from the date of acceptance of this bond by the City Council; and WHEREAS, improvements shall be maintained for a period of at least one ( 1) year after acceptance of construction by the City, this bond stall be in full force and effect through the period of maintenance as provided in said contract; the maintenance period shall continue until such time as all deficiencies of construction are corrected to the satisfaction of the City Engineer ' s office; Tr�T-EFORE, if the said Principal shall well and truly do and perform all the covenants and obliLations as set forth above, on its part to be done and performed, at the time and in the manner specified therein, then this obligation shall be null. and void; otherwise this bond shall retrain in full force and effect. Ii WITNE» t,'HEREGF, this instrument has been duly executed by the Principal and Surety this day of JMM 19,E -ham z Pr, c p 1 GMUMAL CAVALTIM9 Sure y Ely ttorr In ,411act -._. (To be signed by Principal and ,surety and acknoxrledgment and notarial seal attached.) r, ... nz Oro 0 F 'JUL 17 1959 AGREEMEBT T"iIIS AMAMMM, made and entered into this 15th day of MW 1959, by and o IN M MM.. a corporatioffi, hereinafter referred to as �O; MWJI SMUMM OIL 0MUM op MWOMMO WERM O NS, INC., a corporation, referred to as "" ` .9 end OF CUMdUG, a mmicipal corporation of the State of California, hereinafter referred to as "City", wITHESSETH: MUM, Standard is securing a building permit from City to construct a service station on property leased by Standard fry Owner on the northeasterly corner of Bomestead Road and Saratoga-Sumnyvale Highway, Cupertino, California; and City will consider approval of the building permit provided Standard agrees to construct curbs, gutters, sidewalks, and paving from the existing edge of pavement on the east side of Saratoga-Sunnyva. e Road, also known as State Highway No. 9, to the lip of the proposed gutter, and construct curbs, gutters, sidewalks.. and paving from the existing edge of pavement on the north side of Homestead Foad to the lip of the proposed gutter, in accordance with the Improve- men-t Plans attached hereto and hereby made a part hereof; and provided Owner and Standard comply with all of the necessary conditions prerequisite to the rezoning of said leased property to permit the construction and operation of a service sta- tion thereon, as well as other conditions as may be required by the City Engineer cf City; NOW0 THEREFORE, for and in consideration of the premises and of the mutual covenants of the respective parties hereinafter set forth, the parties hereto agree as follows: 1. Owner and Standard agree to convey to City for roadway purposes a thirty-foot (30' ) strip of property lying easterly from the eastern right-of-way line of said Saratoga-Sunnyvale Road, and a fifteen-foot (15' ) strip of property lyi.-)g northerly a rom the northern right-of-way line of said Homestead Roars for the entire length of said leased property, and Omer and Standard agree to execute the documents necessary to effect such conveyance when said documents have been pre- sented to Owner and Standard for signature. - 1 - z 8 2. Standard agrees to constrict the standard curts, gutterso comw=ial sue, and City special street section consisting of nine inches (90) or untreated base rock and four inches (4") of plant-ffiZe3 Mane or such combina- tion of the above as are specified at the time of ccepletion for the entire area between the edge of existing pavement on the east side of Saratoga-Bwny^ale Road and the lip of the proposed gutter; and agrees to construct the stud curbs, gutters, cosmercial sidesalks and City special street section consisting of nine inches (9") of untreated base rock and four inches (411) of plant-mixed surface, or such combination of the above as are specified at the time of completion for the entire area between the edge of existing pavement on the north side of Homestead Road and the lip of the proposed gutter, for the entire length of said leased property, said improvements to be constructed under the inspection and to the satis- faction of the City Engineer of said City in accordance with the Improvement Plans attached hereto and hereby made a part hereof and in accordance with the standard specifications of said City. Said improvements shall be completed within one hundred eighty (180) days after City grants unto Standard the necessary permits and author- izations required for the construction and operation of a service station on said leased property. 3. Attached hereto are Faithful Performance and. Completion Improvement Boni No. �, ' in the amount of Seven Thousand Five Hundred Dollars ($7,500) to insure Standard's full and faithful performance of the construction of all of the aforementioned improvement work, and Labor and Material Bond No. in the aunt of Seven Thousand Five Huruired Dollars ($7,500) to insure Standard's pa,Nmment for labor and materials supplied in connection with the construction of saki improvements. It is expressly understood and agreed that both of said bonds shall be null arA void on their face in the event City does not grant unto Standard the necessary permits and authorizations required for the construction and operation of a service station on said leased - roperty within a period of one hundred twenty (120) days from the date of this Agreement. 4. City hereby acknowledges receipt from Owner of the stem of Pbur H,mdred Dollars 400000 ($ ) as full payment of all storm - 2 - sewer charges required under CK70s Resolution Boo 7? in connection with the devel- opment said leased property for service station purposes. 5. City further ledges receipt f.cm Standard tf a deposit in the amount of Three Hundred Dollars ($ 300.00 ) for checking and inspecting said vement Plans and improvements and all necessary expenses incurred by City in connection with said inprovements. 6. Owner and Standard agree to hold City harmless from any costs incurred for relocation of any existing public utilities in the existing public right-of-way within said leased property, provided such relocation is necessitated due to con- flict with the Improvements to be constructed by Standard, as set forth hereinabove. 7. Owner and Standard, said their respective successors and assigns, agree to abide by all ordinances, laws and regulations in effect at the time of the doing of the work herein provided to be done; and further agree to abide by all requirements of any Encroachment Permit issued by the California State Highway Department in connection with the construction of said improvements and the con- struction and operation of a service station on said leased property. 8. It is agreed that the foregoing obligations on the part of Owner and Standard to be performed shall be of no force or effect between the parties heret.- unless and until City grants unto Standard the necessary permits and authorizations required for the construction and operation of a service station on said leased p�,rerty. IN WMiESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CUPERTIhJ DE ORO CLUB By By STANDARD OIL COMPANY OF ('AIdF 2Uv1A,9 WESTERN OPERATIONS' INC. By APPROVED AS TO FORM CITY OF CUP,rLRTINO By ✓ ..r City Attorney / Mayor By 1`� - Kkr city e _ 3 _ I ROOM Y 0 FA :w;F'NT tii\t r'Nf G IV o)nci !71+31,fo l.ntt 3U, ttis wife, hPretnr. ffpr callPti i rantorsp iri con-ideratiort of the valuo receiver'. fror€! CITY OFCt €` 1 'i'i4ti' rrlun$ cit,=; t cor+>cr +t,on, horoiT�after cnl is(d i7rantoea the ei(loijtincv And n-cei pt whereof r- bereby E!Ct:T"1+7tfi! ('finer) } tt{►rn►J� zr;int to t:rantt-e tttp rj �_rht to exct volt- for, cos)-trust Gitjr ti f' IF: a tpn.por,} ry ro%l( .T-, y tho h(, rpinaftrr r'ec(~ri1?nr9 {� lrcP? r!f t!joF, f•nrt•riin y�Tnn'iEt'F R?l) c'h ? rP = )tlr%lfP lt7 tt`P rites Of t;i);!•"rt :in�"�, {'o!)nty of !itcx f') 2 ' � ' tart' nt f';, tjfernia , !n= Crl.tlr'f Fib F(� � t /1''-'� : tan thr lvoi=l f rr! lint' Of' ,O M--v 4 V`Pt11ir t ral',9 �ef)J .'Pl t �' itiL: � t)�It)' ;0- tjjn 2 ttir (-- ?tor I icIe of - )r: 1 ' i7n It t>!'7t!^ 1 �t:jt �7 fa't'rt r!,( �f1T"( t, 4r _ ft J ! p6: t rt r ..t. 7trlt _ to l lir fUrf"i.('!7t in !Pd c'-!ltnr 4V'ow:o •11). lM font frow, t,ho of th- ff)rnt7(a':17f)t)r 1 (-t, jo Vs ;0 rj !Y7-!7%, t c atr'r ) 7 ! r)f t 0 V r-.. _ 1' r r,P s I _ l t i ( {�7'�r.(,I i t,•, �1 i 3 � e", � �,.f'•! '\- is M1 55 t j Y r, r j . (T (}r!t 7 f t;. L' 1.t i ; Y•17 i l e 1 1 1 f i t t rl,l( f, (•,i l i l S 7' i 1•..: t 1,i.' 1 ,. r i i Y ( l v('• c t' c' Ir'-r' t .! 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't'l� !7 .t t 71Pt71, ) hit{' t tt ('rtor7! f Ijta31lf'V' _k� nli'W \ti►'l.}} 17 ;It ! j hr7 r '� ) 1 t'. t 'rf, )itr' ¢•^,,t l t; rif i!r'r lnt�l ;►•? . �N z i?l,jhjprt to the f,) Ilowir- -xproEr- cf)"IjIIi('m;z : Tl--,.e Grant(,- Pera—z to r—torp tho qrrc);-jn,l v) itF oriElvial zrado )r corviftiort jijrzofrr ptc- it iF prnetici)OP -nd rAnSon- to (10 eo. the "rr-7,v7tp#b fiirtl,er ngrrop.p- to ",uit Claic, to the f;r:-�ntor the parepl , for pir-tion f)f thy' rulvort ovo-r tiezTmrt Pro-s-L, att 41anPv 0,romif., of Con'lition I abov-. L r f j F ail . this .02 1�4 DOM O. BA,14LDLEY CLAII., 9. 964. ® x N vw awe W4 w a MOVIOMM* vM o qmw s In Ame TOPqftn"l "a jo jo Cow f oft) 0vMNam 6 wouno "MJDsm •� + 39 CPO ` ) $mom w GeAft ww a an jo Iftv jo Am = sow eq An so nonw= AMD w4mGo a -ow oag&=& ® jo WMNiWb VM sup an a1=06 at ANNOW !fit Wn 10 vw 1® l8W ® +" Avow Vat IM jo em an I M so to wwwald JD S&P sunew op am ftpns wn esnow ftow wwasswopw e jo d't an a* 196 WAS as M=q Mp JD ow anrn WOMME JDgap ftnew so wo ftPle in go ,90 JD WUWM MINIM I I nis v v law ® amiD wo wmv=W Imut AIMOWso a jo as" oft jo 4- -Sam , NOW 9' JDAV am Yuma go e i inr got oft dvwM OWN* Oft"M on of NbRol anew ') at too its* so MW &am t�►*) tower to do*.4pedna at as tam 49 zmam as GNP at casuft wMMOS ift y ® at 0210 lubw (r) at vam Mk oil ftw Mdow (40) at a r sa ! air ® aac a� c+r138umftr am am .r ® am Mrs sus at simmuma and mig fan IAP at aw, PMPGNA smery tar an swam IMMgm at M" sam to be am Wder the sN& aD aa® Us MW Ifttseer or add aaiaw In aLa ad berft mde ® put air seat In use .M Ow alwolmod ` ) attr smols seas Mmidwid the awwoutry perelts wd fte aye i3cwtswUM asp qPOVAUM at a smVIw staftm CA sew low" parmft. 0s1 M. �� ��t� fn Us ee ' ftwe Rofted allms ($Ys o) 9s MLI moral AdUftl pm ar am Amtowal of QU of a* wafts sat loop and sawdLa Da" ate.f ss awe swmt or UVOR MINIM& ate amazed MUG= `TsSM) to lowle studwaglo mount ftr Idme sia in I I eaaab am � of g is is alp"eft ar be man ai& vsw ® tbdr > as the I wit 411W 600 me Sams MOD am ftv air - seal ®B a ® saw Ida" ® sermol at sw amifted. MOW 46 of aw am of010*011A Bon" �� ) � ft �rdu ' r w e v p Ab do As MAY G OF ! DOOWAT EASUM t4 ®IFCNll? MAGGIO and DOULNICI HAGGIO, his wife, heretnafter called Orantebre, to consideration of the value recelved from CITY or MiFfMINOV a municipal corporation, hereinafter called Giantess the adequacy and receipt whereof are hereby acknowledged, hereby Y, grant to Grantee the right to excavate for, construct and use as a temporary roadway, the hereinafter described prearcel of thoee certain premises which are situate in the City of Cupertino, County of Santa Clara, State of Califorala, and described as follows: Beginning at a point on the western line of Blaney Avenue, said point lying South 00 59' Best along the center line of said BlaneA Avenue 130+0-79 feet and North 490 01 ' West at right angles to the aforementioned center line of Blaney Avenue 20.00 feet . rom the Intersection of the aforementioned center line of Blaney Avenue with the original center line of Steven@ Creek hoad, said intersection being marked by a granite monument ; and running thence southwesterly along the are; of a curve to the right, the tangent of which curve hears 4outis ()° 59 ' set , having a radius of 200.00 feet , through a central angle of 2140 14 ' 73' , an arc distance of 9S.5S feet, to a point of reverse curve; thence southwesterly, southerly, and southeasterly along the arc of a curve to the left, the tangent of which curve bears South 20° 13' 33° Rest, having a radius of 2.20.00 feet , through a central angle of 56a 29' o6% an arc distance of 216.S9 feet to a point of reverse curve ; thence southeasterly, southerly, and south- westerly along the are of a curve to the right, the tangent of which curve bears South 270 151 330 East, having a radius of 200.00 feat, through a central angle of 280 14' 331 , an arc distance of 98.58 feet to the intersection with the afore- mentioned western line of Blaney Avenue ; thcueet on tangent Worth 00 7)9' KeLat along said western line of Blaney Avenue 397.30 feet to the point of beginning. R The foregoing is subject to the following express conditions: a 1 . The Grantee gees to restore the ground surfaaae to its original grade or coUdition insofar as it is practicable and reason- able to do so. i 2. The Grantee farther agrees to Quit Clain to the Grantor the above described parcel for tem porary roadway purposes, upon cosl- pletion of the culvert over Beguart Creek at Blaney ®venne® and completion of Condition 1 above. IN WI SS lili9B60F, said parties have executed this Grant of Basement this day of Witnessed by GGrd Q, BANCLEY j NO Fov _— OF _� IC IN A•,� f n_ R THc _ a y �i• ...M.Fd lS L' N.E GlF,ES fpY.^20, 'OP�I�C�I�filll>!!�'�l+l�ItiYAI, • .� OI�A. _.. This Agreement, made and- entered into this `�c� day of 1059 , by and between the CITY OF 'UP" RT-_:C, a =nicinal corporation of t'-}e State of Call.orr>ia , h� xeinafter desi- P=RnA-51LT DEV LOPKENT CORP. nated. as "CITY,° and �� / � yQ ,� 'i .� hereinafter desiz hated as sal Sup' ivi e �:esi:es to ce-tai:i land td_,n said vi t c, ._u -i.r ti -o i:: acc•C2 aa—..ce h E'_'e taf�re t :� 2" :c4'1 z e L'I t'_; t_% :�- 'a ,1tv of �'1� E*` , ..•'J , A� _?t c`".i'. .. dr;_eF r_._ ai'E':.Ue i..._.,.= a'_'e i cr`. .... •_'-' '.:.S t r sj E ate. _ `,v i ? 4 - -e ;er h'; ;iCt f'_ is S ✓'�:e;. 'J ,._... ,. .x.i` �' f �. n a c- F1..4 'c.1.n - 5`%.;� _ rr���". � :i • Lrrr' ....'I e.._.`{;t r_, _ .S ,,Y{ c _ ..::C t �i ` :�_ C .a;?er t�I:rJ 3--c3:_.'3.'_•C< ('@'J$1`rit•ed Portlari,, :emen- concrete curbs ca;t" f;J;,t.LL a.:x_ ore is -f foC;t (41- ) Ce:rent c: ncrete si.,e"a = s , tom et-.er v t- a Port?and Cei:;ent concrete drivevay f oY- eaC'"-_ lot exte.-.dI.-.= from the oacl, of curb , t'rr t-.e en`,_i _Re wialt'l-: of sidewalk as follows: -1- _ t On the northern and southern sides of SUS$UP -.,R-'7, E, a.d JOHN DRIVE, exce-oting that portion of the southern side of SUISUN DRIVE fronting on Lot 56 of said Tract 2 77; and On the eastern and wester.- sides of FA ALLC 1E DRIVE and LA RODA DRIVE, excepting that portion )P the eastern side of FARALLOr:E .=I<<E fronting on Lot 55 of said '^ract 2-r7, and On tre rester:,: site of 31,A'yEY A:'EYUE: all for t .eI Pull lengths wit`in t .e subdivision, as shown on the w � 2177. i�prov`.�ent clans for said bract :o. 2;7?. SEC^_'L: Construct CitY of Curert no Stancard :a_ _ _'.al t} thirt- -inch ( ?C" ) ver-t' cal Port F ru Cement conc_-cje cu_ os and g;-tters , -,ne-calf oot (9emu ) �v _ nd Ce:r.ent corc=etF __ae: __ _s, to et:.f_ with a _ y- concre t r '_` :e�'a^ _ E T.+'a' c f-r flu t�;re .._e-ve_j, -e n , 7` ` zd?ace-:t 4.= C: t e souther-- of 7?T_ s i e� _:�r:�. s� e z� :--� ' . _�. _. for t_sir iron tinF, L.of f =' rac t 2'„" . ?' IUD: C-nstruct o_f c-l.:— slstirK of eiE.--:t i~:c.=es ( o" ; co-pacto- untrtatr-< c� y. 3'. _ t»'o one-__a,` of sur`ace as Po11^. es: rya' i'or t e{. "ull ie ,.gctr-s anu, widti.s tIt- n to e suca.Lvision', and -n the vrestern side of 3LAitiEv- AVh-'_,itE �et-v:een t.*,:e lip of proposed ratter and t .e center line of 3 . �Ey AV=E for t_e full len-tr wit."In the su d1 1.siJn. `►A 1 nt FOURTH: Construct City of Cupertino Standard manholes, s catch basins, storm sewers and appurtenances to sizes and grades as approved by the City Engineer and as shown on the approved improvement plans for said Tract No. 237?. FIFTH: Construct City of Cupertino uard fences as follows: Across the southern end of FA:-;ALLGiY N DRIVE; and Across the southern end ofLA =,DDA pI tiT ; and Across the western end of JOHN D_--` VE; and Across the southern ii.�its of subdivision on .- e western side of 31.P� E`r fram ed`e of exi stinE pavement to lip of gutter. SIXTH: Grade all lots to drain into streets. 3_vE'"_' ;. provide and Install wit of Cupertino Standa,-,d wonu::.e'nts , --onu ;ent foxes , " -at a t_:_roa,. stree'"I s��."_s an - s .. e e t name si .s . cc:.ired nee.~. �..c L L` i t;' of vile C�rtI:1G �t3;1Ci3i x:`Ec. 21 4 _.n I er. � V1. "e a:.. in^ _.� �,_ C d_.1.`?e to •_e �:...1�._,1ECi A�.s� .i7t_'".. t':'i:^, sti ste '. ci ;.i'_r` fi_ _ ;j r :ice , se: . L a 0 - f ti°,:n fire ,� :i'311is t �etE' .�_.:eCt -L.-_e Cent-'a- . 4 -e ?rotec:.t'__al: �istriGt of �:1::__.i; % �2' �a-:t.a �la_ a. s vi e a;i , in.tail Fai, itar =ewe l' -, %e:: t'- s ei-ve a'.1 lots wI t an 7r, c t ?" (2) I`.. i f?;rt'-.er a- eed t:-at a.l._ of sai... i. p_ ;ve:.;en"s S _a._ _ .e cr n:,, l.eted wi ti_ln twelve ( 12) :.cn ttr s fro:-. t'-^e date First ;1bove writ 4c , .,rovi :ed, ha:.Pvcr, in the cor: )uta.t.ion of sadd tvelve-month :,er'od, I delay9 dale to a caused by Acts of Go:' , Viz , ina„or strik-eS or other :ielays beyon-; t:e control of t :e Subdivider , s:_.all i,e exclu-,ed. It is ex:;ressly underst...o,.; acid a--reed t:=at if Su:-aivider s:r-a_ll fail to com-olete the wort requi_ ed by this agreement within the Baia i l> of twelve (V) mono e of the date hereof, the City , sifter _viag ten (10) days' written notice thereof to the Subdivider, may complete the same and recover the full cost and expense thereof from the Subdivider. (3) It is further agreed that all of said impro vemente shall be constructed in accordance with the final plans as approved by the City Engineer of Cupertino , and shall be made under the inspection and to the satisfaction of the City Engineer. It is further agreed trot said construction be in accordance with existing Crdinances t and resolutions of t:ie City of Cupertino, and to all plans , specs- F fications , standards , sizes , lines and grades approed by t'_-.e City Emrineer and all State and County- statutes applica�le thereto . ( �) It is further a€-reed t_at t..--e constr• :ctlon t or'= of th,e { i.m- �7•c ve:rents embraced b`, ty_is ma r eement shall --e done i:, acco -.a,ce r it- t :e Standard 9oecificatior.s f the D epa=t: en IL f 1z'ub1ic :;oi fs , •�e of State of ."ali`'ornia, dated u--st 19. �., .::d a.ccordaice wIt x,:_e Snec_ficatc onS of the Cite+ of uU' e--tl?^o "ram --e Cupertino Sa.�_itary Distr_c ere a�-,licable . iS_:erever t r: lrr�S " Suet' �_^ NZi�-isi ? ?f -$ "i ;u,� 11 are -..eti ,-e:; t-e 3' ' te Sec=` _cations , it :.__a-' ! ie c.Ji_Fidel'e_d as rei a-r`rc. - to r t:.F �i t7 of u�;E.rt . :o; a` so , �•r _erF-er� t�_e " ii:ector" of ?-;bllc ti".CAI' :5't iS :rentloned, It S-4—a1 l 'ce c-:.,nsid:e_-ed as _-efei ...?.` t:` t .e City t_n£'ir.-er. In case of co::if<ict betwee- t__e :Mate Snecifications r:a lee Soecifications of t e Ci+y of Cupertino -and the Cupertino ani tarp; District , the specifications of the Cit;,= of Cupertino and the Cupertino Sanitary District shall take precedence over a.nd :,e: used in lleu of such conflictinw nortiGns. ( ) It is further ac--reed. t .at the Subdivider srali ttiitn Section -o ref �rcinarce .:o. -:,f City of Cu-}ertinc autai: i:Yy- an exca` ation pent from t •.e City Superintendent •f Streets lbefore y the commencement of any excavation in , on, or, under the surface of -4- r- period of twelve ;' _ ; months of the date hereof, the City , after, civirw ten (10) days' written notice thereof to the Suod.ivider, may complete the same and recover the full cost and exrense thereof from the Subdivider. (3) It is further agreed th_t all of said Improvements ehLa11 be constructed in accordance with the final plans as approved by the City Engineer of Cupertino , and, stall be made under tine insuection and to the satisfaction of the City Engineer. It is further agreed that said constriction be in accordance with existing Crdinances and Resolutions of the City of Cupertino, and to all. plans , speci- fications , standards , sizes , lines and grades approved o - t_e City- eer and a1i Mate and Count;; statutes aprlicat e t:hereto . -} it is furt;_er agreed th at t:-.e constr f ` _�:e GtiO SOr_'_ U� � i- ^,_r-,: 've..ents em,b r aced b t,?'_i8 a.z-17eeTien . sr e do,ie i ac;corda::ce t- the Standard Spec ific:ntions of the, De-,a- ent Dif Puh'is orfs, _. gin of State dated Au,-1 ::`_ 7 ,D -,An r _n s.,c•cord_ance w°zt t e S eG- _ficat_ons of t:e ,^it f ',t: ,r_--„+ir v D -.e Cuoertino Sa itar- :his _c t Vie ere a,- _icavie . e r eve;r t=".e a:ords n u �`. .. -, �� 7 �chte �_. 11✓_ :.$� "� � `,l�'t ,�� s S.r.. ..:'nt1 _,:F_. j`.'1te 3 ,ec-*"I cat onz7 , it .. a: ae C ._.._Cif:-"`ed as _'6-'f` ':1 to Zit .; f ,�. ti :o ; ;�i so , ,;__ere,e t -e "�.i: ector ` r °_;i_ ec ,r :nent�,D:.ed, it shag _1 Ll c !'Side--ed i$ -n c; , 7c cD-.,flict be*wee _ t-e Stt,ate S;•eclfica ..1.^,:.s ?.'. t::e ecifiC�,�*}:ns of t.-e City of Cupertino and * :e Cur-erti-:c 3�a:ita-r-,. _i uric i , t:_e snecifieations of tlt e City :f C Derti no ,---a t:.e ,u­ertino Sant' =y District shp11 take z-)recedenre c)ver and -e used in lieu of su ::: con '_ictinr oor'.'ons. ( ) It is further a=reed that the Su c ;fide: :�?.� cc'. ,iy wits_ Section W-, of rdinance "o. LL rf City of l..i an exca.% ation per.-nit from the City Super l:-Aerdent cf St^eet's before the cammencement of any excavation in , on, or under surface of -4- q �y any exiatIng 1xiblic street, lane, alley , sideva.lk, tr other public place. It is further agreed that the 5ubdivilder shall no—I fy the Super',ntendent of Streets r,f the exact date end time when the Proposed excavation is to commence. (6) It is further at-Teed that the Subdivider shall. pay the necessary expenses for inspection, checking, etc. , inctir=ed by City j in connection with said Tract No. 2177 on the basis cf the followin per diem rate: a. Three—Mar field survey psrtr.--. of to exceed :`!?'-.40 per day. b. En . neeras ti7,E�--r.ct zo exceed 611.O3 per recap::. ( 7) It yG further s,�-reed. t^.at the ubdivide. wit: pit, , '.1'?on executlloni of t::i a; F3!''I'EFTEP.t, f Or office su-11,a - isior ma;) , held c::ecri of' otreet . onu e- to , f' e_ c, c__ecz: :—a e z:en. .. , :"�e G ..y ..S l_ P 2"i7�'e:. E:'� 4� , �.. a—!-L n er c e F E a:,- ex-;e sec irr .n V ti!t in c,c :ection A";t_. t_... `a:, • G x p.,j.`,�t. �_y.. a � 1c..0.'L•`t: '.. �' rt_`"_ _'_ t S" ah r.1 1. L 1 �C.P ._ i a �'�C C'.. 1.._� �_i v L C CO S t Jl T. e Xr .. ..:.Y t: E• e'- .Si r 91 7Ti a, t b t vita', '.1 Or. C�t- C':.t �`1 _n Of is a:­'ee:.,e..'it a Lk.,L i _.e a _ :?C 3!L cf... ---.._l y1.ter.", J ✓• ..lc in S�uZ e foi, i.A r a. d Nate I l s , 1:. a J_.. i.. _ cl _t f = r UN D F M FCUPTEE :' '`;i'3A a ?d .: /100 :D L1r--3 t, i'.su F f I I f faithful : e f, _ .a.r.ce cf t__' c � .5`T' cticn if al� f ':.e afore:. entic�ne .. imcruvement work ( excluddnE sanitary sc-u- r ana 1water .11st:3 ib-_, t.ioe t;y ster.n, and also to insure to Cit., for a j• necessar. 00 e:crenses incurred by City in connection with checking of plans and laspection of said Improvements. (20) It is further agreed that the Subdivider shall ray to the City, upon execution of this agreement, the storm sewer c'za.Ages In connection with said Tract No. '2'77, in accordance with the F reglArements established by F esolution 77, in tree amount of : I :r. TP-t1SAND , _CTMP L�LrED , EIGHT_'Y-EIGF1T and, N01100 DDLLA.RS (11 It is further &:--reed that the Subdlvi .e- sh,al, ? file With. City , u�Don execution of this a °reezient, a bond in t :e amount of �^?�'EL5% ' T!'Yir'=TJr°: :r and lyG/lvQ ✓:n..tAJ;'.S ( 12 ,0:0.0C) tC inBurE' f:r� 3lCi i fai .-P.l ner. o_ mance o, tl. ..ons'tru„t�.on ,f a pater digit'°lost on s'—=.te.- to serve a,i Lots witr_ln sal't. T'rac t 2?-' 121 It is fur t er ae-reed. t c.t t_'_e Su divi . e" i:'_a: �:.'_F ""It' z unon on of t d s a- .°erment , a let r fro,.- t_e C,a ft f ti:__ s�-itar­ District s tat ir',- t_-- t the SilOG=-VIde Fib E'1te,ems_ cam..r _e..z e n L with t.- e 'a r_4. i�.G .. �'�. L . ..:)t c�...�_.l. cam.:_.a 1. ..� ..ice..%'v-_ se ;c a.l._ _rJtS wil t_'A n, sai r .I'ac-,: 11o . G r , a,.- .,tati. - �_.at a r .,_ ..- t� :.rt St✓::'e i..�~�. and(1. .I i�.;l.:..L~....x. :F;."f�l�5_ .�.�.i.,E �^i`is t.:.:.c' t a.:i'ta,.- 4Fk'r-rG and to . su,''c"; t`.e ta_ an,trf a `ti.ti-�:. It I' s ,u:t:_er a; r t:.a_t :a r:otice t hereo_ , i:_,:::ediatcI, _ e , :._.r oar _ e ace , k: t t. or to i'_-e CtV;- of 1 Z t '"ice , 8... . tD `_ e en ?_ F cat._s_ }.` sal.. City, al] C�efects a:-. _._•l aue to fault,', jhc:.'-"k:._..... ._'.�.^ :.:.t'ZC1��,GZ' :2F'.tE:2'iF3?S 8 `wec`�._��.:i.� �^ sal%; t ln a ..K t?;':` OCi ��f Lj'le t i year af'te= w`.lte r f ._. ^, G •._ le ti ;z. Aril. a- e, ta:-. . S 14) It is Fu� 't'-er E:F"reea th it t:.e iC '.Yi de.r s:_a--.' f:i t%_e City , uron execution of this a. reeM ent, a letter- e.^t.ra } sire Protection _�istlrict of Santa Clara i,,Y.:r:ty , stat t".at t'^e Subdivide. was entered into an allreca:ent wit_ said 11s`r1ct to *x'° install fire :^y:irants to ser a said Tract , o. 2?77, a-rid stati:-i t-at all necassary fees r P.%'e bee-. de-posited wit:'_ said District to ins­_( Installation &z,,d five (4) year recital fee of said F.yd,ants. i (15) It is further agreed that the Subdivider shall annly for the Installation of electric power for street lighting at the earliest date possible. (16) It is further agreed that the Subdivider &-a.!l Day to Pacific Gas and Electric Comrany any and all Pees required for installation of overhead wiring circuit to all electroliers within sa+d Tract No. 2?77, When Subdivider is i.otif: Ed by either t1he City Engineer or Vh:e Pacific Gas and Electric Company , that said fees are due and oay able. (17) It is further agreed that anv easement and rig---t of way a= necessar--Y for the eom , eti -•n of the ;)ro Ject s all e acquired by Suoci' id® at pis ownC7 "� $Z'. 2XL)e'iSe. �t if3 provided, zowev� :, d . ' .at in the e e±_t e:`inen t. d_o _n -,^oceed s are re^,iirec �_r the fi a for �� re of �eC ' :i � f,$ :� ..t � � t of Slay , ^�.� for a. the .ice .. .c - ,`_� E' ..._ `R i.t fir_ u i i,R <�. ._. L E' F:-i—Fona. _e "jet va121e '7f 4:.e l'L'r, i %'r n-,FCd to e i2rE i.:C. -e �. r,.... C e �� .Ft f=', it $;..• 't _.�' _`'.. _ t;_E'= ,i� � �. E 1. _.. Fi`. �.. c`�.C.."_ _tY ,.. '< c Et s"tC:. s'..1m 3 eral fees an ,. C Z s e.n n ee_ i .1, as . .'.E" .,i t 4 �.+ _'L'r+`.�.;:'P.' .. _:'1 e e,.,, G-. 4 e ( i At �., _" re: a:--e c __ �v , _ . i _e .aI L ca_ 1 a. a-1 L'i;_ t- •I _ ._.lt:'...'e. tt' _ i' S _.._ t z1 u_ :. C, v' C'9 se S of cons eruct_ w n rep:, ,,ire-` _ ai.:e _,; , _ 0 Ii20i,.if j .,:e lr rl:--atkon ✓r V '_ o j ice._ e_ ; _.. U. ;ru2-- e-.a .CFS exlstinl-- on an.y '; rtion of t;_e C:_ t..E ii:. r we.:.ents said 'Tact a_ e t L, L:e insta-L e" . (19) Zt i s Furth a�•reed t_at the 3tjbdit.ider s :al arn- cOc.- �Y lete insurance ccvera e an, s a 1 fi le certificates t;.ereo ' wit: _, a the nu s' all inde_i_nify an sage nar:iless t: e City City Engineer a *Q of Cupertino , t::e City Council, and t e City EnF.ineer, end ^tier . . officers or emnlcyees or City of Cupertino from any suits , clai±.:s, -7- or act'Lons brought by any persons for or on account of any injuries x or damages to persons or property sustained or arising, in the con- struction of the work due to any acts, omissions or negligence of the Subdivider, his officers, agents, em-oloyees, or contractors. (20) It is fur the r agreed that Subdivider shall provide and install a six-foot, (6 1 ) fencer at his own coat and expense, along the back property line of any and all lots within Tract 3o. 2377, where the back lot line fronts on Pegnart Creek. The material x used and the co2str:iction of said fence is to je aparoved by the City ErC•ineer. (21) It is further agreed that the above named terms and. con- ditions for the said- Tract .o. 2 7; s1nali bind th.e heirs, successor-S , a.d A- nistrators , or assik•ns of the Su bdiv i der. 7'^e assi -n:., t of t {s a--r ee:aent s .a1l not be madle wit. out aY _)rova.l by tiit-, ,o z ciw of T' J-71N.•'..j5 W--E :E3 , said` Cit `:3S cal-;Fed its name to affixed by its Ma;-or and vi t; C-eY' , t:-_ere-_�nto _ .i� eso_ Lion of the City CJuncil , an(. sui� :�i1_wider hll.s nto ca-,.--sed '_ls name to -e affixed t:_e aal` d Y ear fii Si VI r� n ri Ci jr Attorne; Mayor and ,fie. .... .. ,_. _ .... ..._.. ,. _. .- _ .. A G R E c M E N T .� v v - o This Agreement, shade and entered into this day of f 127 'lli : , 1959, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter des- ignatad as "City, * and THE OLIVER ROUSSEAU ORGANIZATION, a partner- ship, hereinafte-r designated as "SUBDIVIDER, " ih I T N E S S E T H WHEREAS, said Subdivider desires to subdivide certain land within said City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and j designated "Tract No. 2155, being a portion of Lot 3, Map of Craft Partition, " Cupertino, Cilifornia ; and hH&nEA3, said crap shows certain drives, avenues, and roads which are offered for dedication for public use; and 4.-HEREAS', said uFAivider dc,sires to construct dwellings on the Lots in said Tract :c;. 215t Y.UTIUALLY `,Gf E^D by and between the ;parties hereto as follows , to 'h•it: ( l ) in consideration of the approval of said map and the accept- ance, an be=:alf of toe ouLiic , of the drives , avenues, and roads offered for dedication, that the Subdivider will construct at is own proper cost and expense within and adjoining said Tract 'eo. 2,1155 improvements as follows : FIR6T: Construct City of Cupertino _tandard sc-?arated thirty-inch (30") vertical Portland Cement concrete curds and gutters , and four and one-half foot (af ) Portland Cement concrete sidewalks , together with a Portland Cement concrete driveway for each lot extending from the back of curb, through the entire width of sidewalk as follows : W On the easterly, westerly, southwesterly and north- easterly sides of LINDSaY AVENUE, LANSDALE AVENUE, and GLENVIEW AVENUE; and On the northwesterly and southeasterly sides of BETTE AVENUE, OAKVILLE AVENUE, PINEVILLE AVENUE, DAVISON AVENUE, RAMPART AVENUE, .AND EAST ESTATES DRIVE; all for their full lengths within the subdivision. SECOND: Construct City of Cupertino Standard pavement con- sisting of eight inches (81) compacted untreated rock base a two and one-half inches (2% ") hot plant-mixed bitumin- ous surface as follows : On GLENVIEW AVENUE, LAONSaDALE AVENUE, LINDSAY AVENUE, BETTE AVENUE, OAKVILL .. AVENUE, DAVISON AVENUE, RAMPART AVENUE, and EAST ESTATES DRIVL, for their full lengths and widths between gutters within the s '.division. THIRD: Construct Eity of Cupertino Standard manholes , catch basins , storm sewers and appurtenances to sizes and grades S as approved by the City Engineer, and as shown on the ap- proved improvement -plans for said Tract o. 2155. FOURTH: Grade all lots to drain into streets. FIFTH: Provide and install City of Cupertino Standard monu- ments, monument boxes, and strFet name signs, as required by City Engineer. SIXTH: Provide ana install City � F Cupertino Standard elec- troliers where required by City Engineer. SEVENTH: Provide and install or cause to be installed water distribution system, including fire hydrants , to serve h all lots within said Tract No. 2155; the number and loca- tion of fire hydrants to be determined y the Central Fire ;i Protection District of County of Santa Clara. " f� 9, Inactive ,Agreements 1959 1964 4/4 J ARTICLE I. A budget proposal for than expenditure of funds to be allocated to the city pursuant to Section 2107.5 of the Streets and Highways Code shall be submitted annually by the city for approval by the department. Payment of " 44 these funds to the city by the department will be based upon such budget proposal as shall be' approved by the department. " ARTICLE II. Funds so Budgeted by the city and approved by the department shall be expended exclusively for engineering costs and administrative expenses in respect to city streets. Such engineering costs and administrative expenses may include, but are not necessarily limited to, expenditures for the following items: Preliminary Engineering (Surveys, plans, specifications, + ' estimate: of cost, curb and gutter grade surveys) Construct'.on Engineering Advance Planning (a) Traffic studies b Planning Surveys c Estimating cost of correcting deficiencies (Section 2156, Streets and Highways Code) d Materials, Research and Testing e Street Circulation Plans f Other - such as street engineering studies required by the Legislature Miscellaneous (a) Attendance at meetings of Institute of Transportation and Traffic Engineering (Chapter 78, Statutes of 1949) (b) Pro ra .a cost of surveying and mapping streets In ::onnection with the preparation of city ► aj z- 2 - MAIM ARTI614 111,, 1 BI. ATION OFF WORK The city will perform the work as detailed on the approved budget unless otherwise specified thereen. f k. ARTICLE RT. FUNDS Funds to defray the cost of' the work described i.n the approved budget will be paid from revenue accruing under the provisions of Section 2107.5 of the Streets and Highways Code➢ based upon the city' s population. Payments to the city will be reduced by any amounts remaining unexpended in the city' s Special Gas Tax Street Improvement Fund attributable to completed projects covered by these funds, and by any amounts withheld for work to be performed by the department under the terms of the annual budget. - 3 - All funds received by the city will be deposited in t,he � ecia-1 GagTau S-O ` Improvement Fund and no moneys mgW be expended therefrom except as specified in the ap ved budget. Expenditures shall not exceed the amount bufteted. if aftitional funds are available for bu ting , a goolLemental budget may be submitted for approval. °$ Ali funds allocate) under the provisions of Section 2107.5 of the Streets and Highways Code in excess of the funds budgeted for expenditure will accumulate for future budgeting and expenditures r ARTICLE V. FINAL REPORT Within sixty days after expenditure of funds budgeted or after completion of projects budgeted, the city shall submit to the department a final report. The report shall show the work accomplished in such detail as required by the department. Within sixty days after completion of any work by the department, the department will submit to the city a final report of expenditures made for such work. ARTICLE VI. This master agreement will remain in force until revoked by either the city or the eapartment. - 4 - All qw z. AgrXW Vn- . :fdS.E1XANWU3 ,?P-0VW1C1NS Ito State officer or employee shall be liable for any- th doaq or omitted to be done by the city in the Dey,-formance of any work delegated to the city under this agreement. The city shall, in the event any clams is made ,Zainst any State officer or employee by reason of such yIjrk, indemnify and hold harmless such officer or employee from any damage or liability by reason of any such claim. IN WITNESS WHEREOF, the parties hereunto have affixed their s1gnatures and,,official seals the city on the day of a a , 19 and the department on the da3k of , 1960 . Approval recommended: CITY OF ]N0 By DIstrict Migineermayor IS—gineer of City and City Clark Cooperative Projects STATE OF CALIFORNIA Approved as to form DEPARTMENT OF PUBLIC WORKS and procedure: DIVISION OF HIGHWAYS B Attorney, Department of Assistant S a e -way Public Works Engineer sp - 5 - x n Lam 7 .�� fi - . j s , A t µANSOLUTION No. Crff u tri_ CUMCIL OF TM UMATED �4 wNBIU M, a master agreement has been presented to be entered Into with the State of California for expenditure of the engineering allocation in the City of Cupert1no and; WHEFM% the city council has heard read said agreement in full and is familiar with the contents thereof; THERORE, be it resolved by the city council of the City of Cupertino that said master agreement be and it is hereby adopted to cover the budgeting of proposed expenditures of the engineering allocation to cities, and said agreement be and the same i hereby approved and the mayor and the city clerk are directed to sign the same on behalf of said city, said agreement to be binding upon the city upon its execution by the authorized officials of the State. ADOPTED this i � ' , day of ���� 19 60. Mayor of/the City o Cupertino Attest: @ 6� CItly Clerk of e y or Cupertino I hereby certify that the foregoing resolution was duly and regularly passed by the city council of the City of Cupertino at a regular meeting thereof held ® a 1950 . er o e y or Cupertino . STATE OF CAUFORMA DIVUM OF BEATS STATt NOWAY BLOWER Sacramento, Califirnla (TO BE TRANSMITTED TI ''JGH DISTRICT ENGINE Address P&Oz 33 ► ftnem Awn FEE 1prEmomocultra BUDGET PROPOSAL FOR ENGiNEERINS9 FURDS The City of ft2gLuno pursuant to Section 2107.5 of the Streets and Highways Code providing for the allocation and expenditure of State Highway Funds for engiaq,,atring costs and administrative expenses in respect to city streets does hereby submit thi s appl ication as Its budget proposal for the estimated expenditure recommended to be made daring the fiscal year. All work ocaomplished by this budget shall be done under the Tdriiii offhe master agreement covering thc budgeting of these funds as executed on e PROPOSE® BUDGET Project E— �_ Work by City $;A-q2" ? ' Total $ Work by Dept.S Eligible items: as set forth in Article II of the master agreement. FUNDS AVAILABLE Accrued and unallocated to June 30,1 ', ; 3 0 0n Allocation fiscal year • T�-,tr l =l,Q'1 0 ignetare at8hnrtaed official to Official title Approval Recommended: ft'Ict tty&Cooleeratrve Projects Engineer Budget Approved: -7tfa tatrrct • rt�eneer,� ngitteer o City Ceoprretav®-Projects To be submitted in triplicate with copy of resolution approving proposed budget. tad r,gc—t'(ee. 1-60) GTA98 OF CALIFUM A DZPARMOff CIF PuSUe WCWDM DIVISION OF HIGHWAlf'dr'v' l®6�7'Fti�' IV FEB 4 tW®AK SAN b FJ"C36=2.CALIMMIA ASO COICUMU"V5099 VC `:� Februar7r 2, 1�180 i 6"PWAN=X=ti to FILE NO. Mr. L•K.HartA iv-Cities . City Clerk fl- Cupertino, Cal-' f. Dear S1 Attached, in tri-licate, is a ""'aster Agreement `'or Budr-etir:7--- anr' for the arnendit►. e Of the Eflf-ineerinj Al io-lation for City Streets t'nder Section �107.5 of the Streets and Hirh;';a7.�,s Code". This '.:aster Arree ent will rerlace the ,en.crand,u . cf AEree�-m --t arnt,aliy executed by V 6 ^`tv an'' the erartment. T`non ex eCrtion C. this "aster Amree --rt.s �� !7 1 � rnl-r '.-e necessary `'Or tr!e Cam+ t ' tc S!'b—' f earl•r, rm Jec - state-en ; 1 ri triplicate in accorla?ire -::it , +? a - �.G�c"��' rcr•-�, 4 ."e+' �r �?`:. r- 011 tlinn ' ne City CouYc{i ar.rrc~. F i;I T")is 1or" , :'i^A 3. ,-, r fir e e:�rtner-~ s?; l` c. ,_s'"I�te t'�Ie �� .., s ��:��et -s �, 1 /„' (,p %' _ _.?-. •�:1.1�' !. nv1 rene1 rt by the its �s 1Y7 ';e `;y +i T'r Y'��f•_¢ ,_ -Yn �1 __ '�.vy• 1`1'r,4V a -- 1. 7) e7�rer? an,!� sl ir+ r t .. _. t ... • _1... 'C I^:` C lire. s -I!! ., y. -ilr--1 ti,en-1 •(mac C r rr^�l t^__. i •� r'+,• •___ -. ..:n r`_ Cr- i�l d In i.-.l. 'J Ar ,'C e n�-�r .. a y--1 .. �C`r LZ. • .--!)t'1 !.'^�.Y7• _...'� t-','.L�`.n (i _ +•`-t.�. 1': _ - -, ,`11,r `^ ter, ,.-., 2 r o-cs r` _ ^ 7.1 5 .c ,c*, 1107.5 _ _ _._.-1e ' e,- `I --;n ^C v '1 n. l• It ill I f 1 t,i A tl tr , tri- llc�`e =i�: re t r i a -.'C l} Lion -Ca-_- time to '� SiSeT?cYate r" srli'tioils 'q1l 1l+ _ r!�oC'1' l c"ast':r A-i :' ' rr "aster -r,2n n-! Vie C11 s e i' t`I s r-':'f9 k^i -1 sr�aI s-o111 -1 tr' ,' nri nte,! r ) t^n sj r-m' 'c.ster A--_neement as as on . e resolrtic._. errs - er' trnl-, cc - T•. iomn E.-1em,ir.g j.p Sinclair L1 • 1' Assistant State _.C. RV?` 6 f/ "-p- Assistant 7 strict En.f-ineer Es ! Aft cab a 7 STATE HWWAV 81119MI Sacramento, 10011; ca 410 Be TRANWITTED THROUGN 11"STRtCT INGINEER1 Mr. J. f.. Sinclei.rp Assistant Gtete Rigtmw Engineer Address P-OvGox 3366, Rincon Amerce Sim Francisco 19#Calif. The City of pursvont to sections 194 and 2107 of the Streets and Highways code, providing fan the allocation and expenditure of gasoline fox funds upon city sheets within amitipa liti ..does hereby somit this project statement as its budget proposal for the estimated expenditure of gas tax frnrls. SUMMARY OF FUNDS BUDGETED Source of Furls Mairftnanee Othsr Right of Way Conorvelon• Gos tax ollocatlon 6,�o additiona for city streets 3500 for Hone stead ------ ------ —(Section 2107 1i ht City Funds 16500 ----- ------ -------- Of her Funds ------ ---"-- ----- ------ Total $20.000.00 ------ ------- W650.00 (See following pages for details) 'Includes preliminary and construction engineering. Signature authorised offic eP City Manager NOW err e Approval Recommended: :chic Crtp& Caaperetrvo XWJecla Engineer --- ishrct a—gine ► ��t�-rs t>r-sm • 1 VA 0WiMV CW tDIVISION OF HIGHWAYS 6"OAK! P 060 k 6"FRANCUM 2.CUMPLUM umemmn&owa. 2 F< an ., July 259 1960 Kr. L. K. Martin IV-Scl-Cpo City Clerk city Hall Cupertino, California Dear EAr. Yartin: Attached, for the files of the CIt, o f Cuper. t ino is jointly execiited, tt;rlicate cc-, of m .-and — ofAr.,ree!7,-nnt - "r. C?r City, Street, , rrr r t!-.e fiscal --ar er. 1 n J„-_e 30, r urs ;per trill y J. I, Sinc1a?r _ JJ n w - > e + 7 v' K entered intoand-between N Oftibirtir ' A as , t Departmenta 31 Wafits or Me State of Calif a, herelftrter ftrerred X' to 438 the nt, y FBSMRj, TRff, WHEFMMp in accordance with the k= prowls prowlslans, of Section 194 and Section 2207 or the Streets and RIghways Code, a sins equal to rive-eighths of one cent per Flo tax under the Rotor Vehicle Fuel Lleense Tax Law shall be transferred to the State RlghmW Fund for expendIture, In cities in the proportion that the total population of each city bears to the total papdatlon of all cities in this Mate; and Section 195 of the Streets and HighaWs provides that taro-fifthe of the money allocated under the provisions of Section 194 shall be expended for the maintenance of the system of major city streets and of t1 er secondary city sti seVe arithian such city; provided that, with the approval of the department, a portion of such money so allocated for maintenance may be ended for construction of streets included within the system of major city streets within such city; and In accordance with the requirements of Section 196 of the Streets and highways Code, the city has set up by C4411nance No. Onga Special Gas Tax Street Inprovement which shall be deposited all amounts allocated pursuant to Section 194 and received by the city; NOVO THEUMORE,, in consideration of tie premises and of the several promises to be faithfully performed by each as hereinafter set forth, the city and the depar t I hereby mutually agree as follows -l- i q . '-5 Y � .��..5 4t 5•' 'kit >%: - .-.l. ._�. �..�_.. l' as ...u _y.. ..- � �'��h �R.:,. '. •,,.- �,.- 'a_e. ".tr ,,�� n.,..�c:' i��. _��.*y, a. 6777v ;, ems. .. :�,�; :.,r, .,,,. .;.. �Y� ,i .•e: ik+ v: z.-..•; �ie y ` a.� y f: i� + 1. s • 1 ,t 4 a. _rM "S w a3; it i •�r� a 1 a w: .a v to :9 4r F m Y ^S S tri _ _ � u r �r m. r ice. s 4 a '.x t;:- - • ,y<j...t a' .;y;a; •.o - ,''Y -ti::ill -. �. - I ^l inn h • .., .�. �. :i 71 4. i sr P., r7TT7 -]K :;r 4.1 =r f" x .&.S:- n•i 6+_L,. •il:k, _a N ;• # i.\ t s,�Lf t fi:e''.': 5+. '"'wy "', :;•. ¢an '`� c :'..'t-"- .G '. a'' @ . c� ,.t� 3 a: -s:, 'fi ,:�; Ffsl _..fia ./ ' Y i AU roftwe. removed ffrm rentals (n' s of Peal ' riot tir t Utdre0toarned an am tax f-mft Iii of tW city shall be credited to the itl Taz Street 1wprovwent Fond. The amunt provided for the project* listed in Article I must not be exceeded, and no moneys may be exqwded by the city from the Special Gas Tax Street XWrovenert fend except for the project* listed In Article I without amending the budget by supplemmUlL agreement. Such supplemental agreement shall be valid only when executed by the city and the department. All hands allocated under the provisions of Section 210T of the Streets and Highways Code in excess of such funds budgeted herein for expenditure will accumu.1ate for future budgeting and expenditure. ARTICLE M FINAL REPORTS The city will submit such reports as required by lave In such detail as required by the department. The reports shall show in full all expenditures from all other funds as well as expenditures from the Special Gas Tax Street Improvement Fund. Within ninety days after the close of the fiscal year ending June 30, 19 61 , the city shall submit on forms furnished by the department a statement of expenditures made from the Special Gas Tax Street Improvement Fund during the preceding year for the maintenance of the streeva described in Article I. Within sixty days after completion of any item of the budget for surveys and plans, acquisition of right of way or construction, the city will aubmit to the department a final report of expenditures made for such work. The reports shall be in the follcoting form: RIGHT OF WAY: Expenditures shall bo segregated by parcels ar:d payment for each parcel analyzed as follows: Value of land taken. Severance damages less benefits. Moving improvements. Damages by change of grade, etc. If excess land is acquired, the proposed disposition thereof shall be shown. 5 Ra , fAwk 0►r el or alb Ohm ex wendItures for o ofrl&t. of 4 gwW MONO and aae3=011anecw expenCtures mob as title rtes dMobile 0,1�arattonv eta. ! : The report shall whow the work acc=WlIdwd and the mot thereof. VMTEWTIM.- The raport shall show paaments to the contractor detailed by contract Items showing quMt1tys, unit, itea, unit price and is and the amount paid for wW aaaaterlals, lless labor or equIpwnt furnished by the city for use on the contract. Expenditures for work performed by day labor shall he detailed to show the quantity for each ttem of work, the unit cost and amount. ! vM wabult to Ue eltr a report of witun atxw din aftw Sawletim of item of the vkww,4, do"ru" in t so aw will xUbmit to an GIfw a rhal repeft of expenditures made for Ofth Work. i t. <''' R _fir , � ` � r 2� .�°.� 5 ` i 1�� '1 R �A F'�I�� _ ��� 1..r ° � ,� �i y�,.. yt�-.. 1 '..w `. -. f , •a w f `-��_ 9� :c'� n''o.•�,•`, 's�1: av 7•V�•.3 �..:T� a •9�". k•Q-;Q ? '� -.'(� ,.5 r(1••�:� ��j- $ . ��� `�d�"E�fic ,y•P-a •�,. mad. ` •a�h� a .�•. a -K -a' ,_� r1s-s,:>.' �'R ':�. . I 0 H Ft:�i�F. ��'�V�S H:is, ${+:�.:. yy+ 3 Aj• � _ RS�.f (-� Jtt. (r� .fr d�H �f�i i -a dfi t'4, 'P` M - f i g t��� •att .q i.�'M�! >�. �•` ii '-:;. �, :t.-• .` 4fi k.. .9 Y•t� -4. t,.�� .:. 'G-�GA! ..". �rt'. o- .- "YX3- :�t.l �`�-99y :lf a f. V.. f� �r'� .i. - {r. - �.. t�:� _ _ I' o. �g• ,•�' ,1 ,-� jr �_ ..k� ::. ,«' �t r - ! � , � . . _ - � �: �:• � r �n _, �� � - �,+ _ - , i G� `�1 + r,q. \; -i ., tr a' 4. .,+ :: � ... .. ... • a" fi , s p 3 w � MUM Naftm a x no, OF US TM X t VCR NAM CM BMW$* viMMS,, a nuorandm of agreement has beer presented to be ent d into with the state of California in accordance adth a project statement submitted by the City of Orfertim for expenditure of the gas tax allocation to cities for the fiscal year , and WJMRZASj, the city council has heard read said agreement in full and 1s familiar with the contents thereof; R8, be it resolved by the city council of the City of that said project statement be and it Is hereby adopted aas the budget of proposed expenditures of the gas taut allocation to cities, and raid agreement be and Uha saw is hereby approved and the actor and the city clerk are tUr+ected to sign the same on behalf of said City, said agreement to be binding upon the City upon Its execution by the e*xthorized officials of the State ADOPTED this � � day of � , 19 � . P motor or WWI CM o Attest. d4 . ) 1 hereby certify that t;he foregoing :solution uws day and regularly passed by the city count 1 of the City of � at a reg►alar metlM thereof geld )--Cll 01-9M oro Inatctiw Agreements 1959 - 1960 3,/4 s ETGHTH** Provide and install sanitary sewerage system to tr: serve all .lots within said Tract No. 2155. 4 (2) It is further agreed that all of said improvements sh:11 be l completed within twelve (12) months from the date first above writ- ten, provided, however, in the computation of said twelve-month period, delays due to or caused by Acts of God, viz. , major strikes or athFx delays beyond the control of the Subdivider shall be excluded. It is expressly unders -ood and agreed that if Subdivider shall fail to complete the work required by this agreement within the said period -+f twelve (12' months of the date hereof, the City, after giving ten ( 10) days' .written notice thereof to Subdivider, may com- plete the same and recover the full cost and expense thereof from ..he �ub11 Ider. ( 3 it is further agreed that all oi' said improvements siail -e constructed in accordance with the final plans as approvedy t .e City En��ineer of Cupertino, and shall be made under the inspection an , tC t;te satisfaction of the City 'EncGineer. it is further aoree that said construction be in accordance -%-ith ex sti-.a C-rdinances and resolutions of the City of Cupertj.r-:o, rind to all puns , - cat_ �r.s , standards , sizes , lines and graces approved by the City Eno-_neer and all State and County statutes applicable tnereto. 4 ) It is further �:igreed that the construction work of t:-:e im- provements embraced by this agreement shall be done in accordance wit^ the 'standard Specifications of the Department of Public i;orks , Division of Highways , State of California, dated August 19"J4 , and in accordance wl'uh the specifications of t:l-.e City of Cupertino , _and the Cupertino Sani.t3ry District where applicable. rherever the words "State" or "Division of Highways " are men- tioned in the State Specifications , it shall be con sidered as refer- rinq t' -) the City of Cupertino ; also, wherever the "Director" or "Director of Public Works" is inentionec, it shall be considered as ( 3) CF. referring to the Ctty Engineer. In case of conflict between the State Specifications and the x Specifications of the City of Cupertino and the Cupertino Sanitary District, the specifications of the City of Cupertino and the Cuper- tino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. (5) It is further agreed that the Subdivider sham. comply with Section Two of Ordinance No. 44 of City of Cupertino by obtaining an excavation permit from the City Superintendent of Streets before the commencement 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 Subdivider shall notify the Super- intendent of Streets of the exact date and tine when the proposed excavation is to commence. (6) It, is further agreed that Subdivider shall pay the necessary expenses for inspection, checking , etc. , incurred by City in con- nection wi th said Tract ;'io. 2153. ( r ) It is further agreed that the Subdivider shall deposit with City, upon execution of this agreement, for office checking of sub- division map , field checking of street monuments , field ,checking of improvements , .inspection of improvements , &nd all necessary expense' incurred by City in connection with the said Tract No. 2155, the sum of NINE THOUSAND, SEVEN HUNDR:_:D EIGHTY-FIVE DOLLARS ( :gig,i 85,0c-) . (8) It is further agreed that at the completion of the work and before final approval of the subdivision, the Subdivider shall be billed for and pay, or shall be refunded after completion of the work and final acceptance of the subdivision by the City Council the difference between the actual cost of the necessary expenses incurred b , City in connection with said Tract No. 21bb and the total amount of the deposit. (9) It is further agreed that Subdivider shall file with City, upon execution of this agreement, a bond in the amount- of ONE 1 } (4) f � i PIP 3RED NINETY-FIVE TRXSAND, :,EVEN HUNDRED DOLLARS ($195,700.00) to insure for labor and materials . and a bond in the amount of ONE & HMDRED NINE-FIVE THOUSAND, SEVEN HUNDRM DOLLARS ($195,700.OCR) to insure full and faithful performance of the construction of all of the aforementioned improvement work (excluding sanitary sewers and grater distribution system) and also to insure reimbursement to City for any necessary expenses incurred by City in connection with checking of plans and ins.,iection of said improvements. (10) It is further agreed that Subdivider shall file with City, upon execution of this agreement, a letter from the San Jose `eater Works stating that :subdivider has made separate and satisfactory arrangements -with the said San Jose 'Water Works to insure the in- stallation of a *ater distribution system to serve all lots within said tract No. 1i5: . ( 11 ) It is further agreed that the subdivider shall file witn City, upon execution of t7_s agreement, 3 letter from the Cupertino .c3nitaZ`f >: atZ Ct static='I '.at 'ubdiv ' J er" i:as entered into separate agreement -&-i:h _alo D. wtl_c' to _nsta J1 I sanitary sewers to serve all lots tr,i.n Saxe Trac 21b:, and stating t-at a bond to insure fu1 '_ ano _`a ,_fi.I - ance of the construction of the sanitary setters aid o general guarantee as stated below in Para=jza n j nas s✓2e,�, . :led . ( 12, - t :s furtner a .,ree.. tna vo � .i e,r shall, upon written .:Qtice t;lere�,f , liIli;:t?diaLE'_:v Ire'-1-air or replace , AIL thout cost or ocligatior., to tine {.,_ty of ',uYert .no , and to tize entiZe satisfaction of said City, aii defects and imperfect ons arising out of or due to faulty workmansnip and/or materials appearing in said work with- in a period of one( 1 ) year after date of final completion and ac- ceptance. ( 13) it is further agreed that the Subdivider shall file with the City„ upon execution of this agreement, a letter from the Central F: 7e Protection District of Santa Clara County, stating (J) 4 k .,X 71 ,t that Subdivier has entered into an agreement with said District to install fire hydrants to serve said Tract No. 2155, and stating that all necessary 4ees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. (14) It is further agreed that Subdivider shall pay to Pacific Gas and Electric Company any and all fees required for installa- tion of overhead miring circuit to all electroliers within said _ f4ct No. 2155, when Subdivider is notified by either the City En- k° leer or the Pacific Gas and Electric Company that said fees are due and payable. ( 15) It is further agreed that any easement and right of way IT,;, necessary for the completion of the project shall be acquired by the Subdivider at his own cost and expense. It is provided, how- ever, that in the event eMincnt domain proceedings are required by the City for the purpose of securing said easoment and right of -nay, that the Corner or Subdivider shall deposit ;With City a sum covering the reasonable market value of t e land proposed to 'De taken and to be included in said sum shall be a reasonable allowance for scver- ance damages , if any. it is further provided that in addition thereto, such sums as may be required For legal fees and costs , en- gineering , and other incidental costs in such reasonable amounts as the City may require shall be deposited with City. ( 16) it is further agreed that Subdivider small indemnify and save harmless tie City of ':upertiro, the C<ty Council , and the City Engineer, and other officers or employees cf Ci `y of Cupertino from any suits , claims , or actions brought by any persons for or on account of any injuries or damages to persons or property sus- tained or arising in the construction of the work due to any acts , i omissions , or negligence of Subdivider, his officers , agents , em- ployees , or contractors. (17 ) It is further agreed that Subdivider shall provide and install a six-foot (61 ) wooden fence at his own cost and expense t (6) r " A :ong the back p arty line of any and all lots within Tract No. 2155, where the back lot line abuts on Calabazas Creek. The material used and the construction of said fence is to be approved by the City Engineer. (18) It is further agreed that the above named terms and condi- T{ ' t'.ons for the said Tract No. 2155 shall bind the heirs, successors, administrators, or assigns of Subdivider. The assignment of this agreement shall not be made without approval by City COL.Xil of said Clty. IN WITNESS WHEREOF, said City has caused its name to be here- unto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council, and said Cubdi.vioer has hereunto caused his narie to be affixed the day and year first above written. CiiY OF CUPcRTL:40 Vdyer r City Clerk JJBDIVIDr_ THE OLIVEr ROUS"SLAU ORG2A1,'IZATIO :, A Partnership .4PROVED AS TO rORl�: City :attorney 4 M E Orr. This , node and Orto~ late tthle Mh 48Y of 90 WARM We WILSM9 , Md PAULI= VOMWFjP undo rum, Wilromia, reforred to as *OMEB@O =a CM OF CUMTDWO a ,.E =w4-,%jVaj ocypwation of the 3tate of Wifornis, her etna r mr*rred to OCITX.19 WMMEASp the 0'n NEF is securing s building, peralt from CITY to �f. instruct a shopping center; end wHEFE45, CITY will consider approval of the building, permit on the agree. ent that O N191 will construct curb, gutter, sidewalk and paving from the existing edge of pavement on the west side of Sarsto".-3unnyvale Boad, also Known as State Mighway No, 9, to the lip of the proposed utter, and construct curb, gutter, sidewalk and paving from the exiating edge of ;:.Avement on the south side of Stevens .reek -aulevard to the 11P of the proposed (utter, in accordance with the terta.s contained, As well as other conditions as adopted by %'W'ITY as outlined in :Aty lsnnln,- �:omzlsslon letter, and as well as other conditions as may be re slreW by tht City Engineer of CITY; now, therefore, IT I.S H .UY by and between the parties hereto as followse to wit: (1) Uao2;i agrees to convey to :;11Y for roAdway purposes a twenty-four foot (241 ) strip of property lyinE masterly from the western right cif way line of said 3aratc*gq--Sunnyvale -hood by deed, and a fifteen-foot (15• ) strip of property lying southerly from the southern right of may line of said atevens Creek eoulavarc1 for the entire length of OWNERS's property being developed at the present time, and 0'*1 agrees to tx�ute sa18 deed when presented to him for si tars, It is expressly understoo+l and agreed that when the renaining portion of OWNER9s property is developed ttakt the OWNE?, f 47 e :. awl teo aso Is rw4ftr a gnma that GWW abon Gamtrtnt as " emetrMt 1 WWUGU GMqj@tjft or UIXW jughse (9*) or be we tow 12000 (4s) of Vj=twvWM awftes or mh caublWtUms ' no abne an are apnifted t* the USO Of letl*n rer the MUre aw e® botwaft the edge of existlug Pxv4mmt On the w0st aside of 3ar® ele Read and the lip of the PrOP020d gutterl &Ud shell constrmt standard curb, gutter® ee=erelal sidewalk Md ftAU sY con stract CITY speoial street section 10"81sti Of nIU6 lade® (9®) of untreoted base rook and four 1UGh9G (40 ) of plOutoml"d Bu m - or such combIwation of the above as are specified at the time ,of completion for the entire arcs between the edge of existing pa oment on the south olde of Stevens Creek kouleverd and the 11p of tree proposed nutter, for the entire lengths of that portion of 0a"ERit property to be developed at the present time, said ieprovene:.its to be completed within twelve (12 ) months from the date first above mentioned, llie sold Improvements shall be constructed in accordance with tine standard speei.fleations of said CITY, and shall be constructed under the inspection snd to the setisfec,tion of the City Zn�xAneer of sold CITY, � ) It to further agreed that CaN a. -as filed with CITY, a bond In the amount of T�N' 11:LL�� 3 ( 1L,,4 oo.0 ) to insure full and faithfill perfornonce of the construction of all of the aforementioned improvement work and a bond in the amount of TEN V3GUSA"N ` L'C i.LAt s (0410,o oo,00) to insure for labor and materials for said work. (4) It is further agreed that Cad has paid to CITY, prior to e>eoution of this agreements the store sewer chargers in connection with that portion of 04NFasS' property being developed is soeordanoe with the requirements established by Resolution No, 77 In th9 Mmumt of THREE THIVMiAND S FIFTY DG"Ali i (43050.00) for 6,1 mares whereas 4400 So" 'is to huts Imitial F t _ st Vm =WWI S (06 0. j I is WASKS9 have depaltAd with S Pftm to 4286atlen of thle o tr, for Offiti* ahavk1cs of i+�prand On nemseary rapenses Imurred by CITY In 00M"t1en WIth seid Improve 'tso the am of THREE HUNDRED VIM DOLJARS (49500 0 (6) 11 is further agreed that the OWNERS' shall hold the OM hara a ss from any soots Incurred by relocation of any existir4Z Public utilities in the existing Publio 11gh of way within Gm4E1iS$ property provided such relocation is necessitated by conflict within Improvemmats Installed by 06;MEE . (7 ) It is further agreed that 04UER, his suooeoeors and sesig-ns, stall abide by all ordinances,, laws, and. rej ulations In full forge and effect ;-A the tl� of the doing of the wore herein provided to be done. 1'►i .;1 �� �i:, < , said .:1'� has cased its ne-me to be hereunto Affixed by its 4tiyor and city Clerk, thereunto duly authorized ty resolition of the City Council; and said Jam'`:.:. his hereunto caused his name to be affixed the date and year first above written. �ttiia::y h E V Li.E �i OODF OF F A3�yA i .. i �� a .... � -,. + ,. ... .:.�e, ..^ .• •... "•• � N �+,,:5- ` v - n ^ Y - e. , d � J ,E+i• �� _ tk Y ' y b - H.t r 6, t 1+� y �.l w�f a , 2 R t.. 2 . ` � �;,'ac �. q�- $.'._ ae��uhn'r3° .�" WM 1.' 5=z) '.y,.,:.nw„ enteved into this .mom del+ of 1959. bygM bgtWOM WApjM W. #IILSM, MWUU WOOWWF. and pAULM WDOOMWF9 20M MonwteadReads Cupertine0 Calif rnis0 " ►-ITY OF STIWO a hereinafterrefa► to as a municipal corporation of the State of California. hereinafter referred to as "CITY. " W wmam", the OWWM is securing a kmUlding permit from CITY to construct a shopping center; and WHEREAS, CITY will consider approval of the building permit on the agreement that OWNER will construct curb, gutter, sidewalk and paving from the existing edge of pavement on the west side of Saratoga-Sunnyvale Road, also known as State Highway No. 9. to the lip of the proposed gutter, and construct curb, gutter, sidewalk and paving from the existing edge of pavement on the south side of 'tevens Creek Boulevard to the lip of the proposed gutter, in accordance with the terms contained, as aell as other conditions as adopted by CITY as outlined in City Planning Coaiuission letter, and as well as other conditions as may be required by the City engineer of CITY; nos, therefore, II I4 HEREBY &kGREED by and between the parties hereto as follows , to wit: (1 ) 9WNER agroos to convey to CITY for roadway purposes a twenty-four foot (241 ) strip of property lying westerly from the western right of way line of said Saratoga-Sunnyvale Road by deed, and a fifteen-foot (151 ) strip of property lying southerly from the southern right of way line of said Stevens Creek Boulevard for the entire length of OWNER's property being developed at the present time, and OWNRk agrees to execute said dead when presented to him for signature. It is expressly understood and agreed that when the remaining portion of OWN09a property is developed that the OWWA. his succossors or signs, shell dedicate S alk 1 S' �..-�...�.® ate+ ,,,�,. S r C , �/.►a/ a...- �.-..,..-r�.....-�' It Is further armed that ON= shall covatruct standard earbw gutters, damerelad a ldewal, and sIWll construe: CITY special street "Often ,consisting of sque inches (9") of untreated base rock and folsr ' 1n es (40) of plant mixed surface or such combins t ion of the above as are specified at the time of completion for the entire .area between the of existing pavemat on the vest side of Sara toga-3unnyvale fload and the lip of the proposed gutter; eaid shall construct standard curbs Amy tter c rcial sidewalk and shall construct C T: special pecial streaL section consisting of nine inches ;9") of untreated Vase rock and four inches (40) of plant-mixed surface, or such combInatlin of the above as are specified t at the time of completion for tre entire area between the edge of existing pavement on the south side of Stevens Crests boiule %aru "r t,i,e L p of the proposed gutter, Vor the entire lexi the of that p rtior, of 04hE S, ero,erty to us ds_.eloped :a , t"I'a preser:t tt ep said to ze c_.1,tn with- in trelve ( 12) mont'is fry t;.e datn first a; cve ,ent . cn@d. The ss+id improve- ments shall be eoratruete,' :-c:)r_snce with tre 11sr:rdar�' $ ,ee!f caciu_-s of said C_TY, and shall be c _:.z 'ructed, under V-!e napectiui_ Qr.-d to t-e satisfaction of thou City a l:men of snij C.:"Y'. ( ) it is ''*.. rt1.1,r a, r-e-1 tl=at �•��� sd3a1.3 iilea� ;i ..;`� t... ins a.c f:: a r s a lt''h ul perf;)ri;ance -f' t c c_ z t a , * 't Tam- n-,.a- of all of the Aur•d. / �� �:a'. r. !E' :.. '� ..I..y....'t„++-.k.-, �i`�- .�.-o "+.w.+... � 'Lti+-. -�.�r r'., ' �S-4'.v. .Ss•.+.� 6✓..�'' �r. r s ♦ ;. , L f!i ...a.3 r.ai d to to -X1'-Cut1G,-, of L iz. a, .; � ,ntp v'. t is 2 Sit?:,fir C�i3' � ; C ,>..St t{ •21 �iL t 3t purtIor: of ..�... . ..' p.:' L v tea:` t.49':31o,,a i 3cC::.. ..a., c0 W1 r.h the roquirc:s©aLs U3L3i11i:i:. _, �� �C?1 Wit. ?:1 .zJ• '17 ••. t:� A;;. U -IL 01 If- TH.,�.1aAl : , r r I'Y .:.:�t.,::_.•i (� J�0•t�v) . �`'.r' � ,c/� .. .,..m.��.� A'� � , r t 4'"r+ ,,_ _�...�-; (5) it is curt her executiu;, of this afire^cr.srsL, for o1'1'1-_c i:ecni: of 1:nyrovements, and all necessary experisez incur< e.i ..y CITY L, c:jnne9cti �n with said Imp- - rovements, the sum of ThIrA :iti ::U' I iF'TY 350.00) ( 6) If it' Vurt .@r a feed tkat the sl-ali '-old the CITY harmless from any costa incurred Uy rolocatiar. 4.,f any existin pu,'.lic utilities in the existing Public "ii ,ht of ;a, G'�' ` fta' prep-,rt,y frovidnd such reslocati :.)n is neee2sitate:s by c-iii'l.ict within improvements •42 , Til ,tom .� installed by a (7) It is further agreed that OWNER, his successors and asoignag shall abide by all ardin nc'ei, laws, and, re&ulations In full force and iffect at the tirm of the doing of the work her-sin provided to be dons. IN *ITN,:15 WIi FE"3F, said CITY has caused its name to be here- unto affixed by its Mayor and City Clerk, thereunto auly autnorizec by resolution of the CLty Couricil, and said Jai:E"R has hereunto caused his nano to be affixed tie dale and year first aocrvc wrict:an. 1�iG►�\::.t 6.�i t l ,'�/ / , if/P/ t`j I{ . ,, t_. • -,, ctAt`,i`YZ.3t l`I• ri11.5'v� a YOR m T c C 1 L Y 'r-no", '�c}. . '1 IL Y, d I r. ;. COUNTY OF SAN T`A CLARA Office of the BOARD OF SUPERVUM far coves or SUM ibf P. VZU A U"M aW®MM= "M A&M t o SrMM Un J=ft 1M CM P. LMN.2 UUMMM g 6. 8LAGM,4PM tts�,mta, as,"M Gomm FEB 1 February 9, 1959 Mr. Lawrence K. Martin, City Clerk Cupertino City Hall Box 597 Cupertino, California. Dear Mr. Martin: Enclosed please rind a d,:plicate copy of agreement whereby the County will perform certain fiscal duties for t:ie City of Cupertion as stated therein. eery truly yours, EOARD '' SS P i T so RS Clerk of the Eoard cc: Controller y. r t !' a. k_ 00% now now eklifevidas u _ •� Wiwi 211-mr, domew or Soo" M .x 10 mvp -nip avudm is PA �� m �! "PrOM dtll �t P or � I° to be dam tor the p or gthe awalliation to o8 P"Ve"y for ma's ®. Oft"Gtim or Mft nafteawnts, the oolloctiane *nf nt of allftch Emlclr%l ti" of P P Penalties for d*110quftmy In the p&ymmt of tM City the "no of t "no" go 19, a11 COMIW *""* Swrftm OW Or the relatlen to an ,t of 70 . it as rollomt Ro. 76 at the City of rt1m om other 1 a 1 of UNS ® t® "llects ummuo i ftd do rep Ww 1, t421411w4ft JUROMty at .u s z yam.. d Imss" to be ftr as is* I 1p 9t5 f!y of February a CoMI OF 3AN'FA CLAIA tjw cWAA7 of banta clarjap &tat® of Calif oLL,-21iv Clerk 4S the umrd of bupervlwors i ! -��•-7- by A.r FT vw-uty or i frcx, � 'Elam Ab of av roe city at ese t s 61tyg WOW MW p"TLMLMS of TitW 69 V 3S kart go CftptW 29 AVUS" A* A&a pvqw GvLdewe vd th Wo comas Gmt"lww of the County at ►ta ►MO btata of CallreguLas authwisift WN alp late ornews at County to parrma SIX &at& Mwwy or Or- r t® be aka" for tbo parpose of a® eta of propwty for mwnLolpal tas aqualiastian a tion or &ash ammeamats, Uw eolloetio% the paymat am Um ' aArcement of all aam"IPal tssea and tbo ti as ioreporty tgVm aaale or OUMV :aiti®a for 4041r4uemw is Um Ofteent of a► *tees ammo tgli..ib"s Um Ct ty has elveted &M the GodMy has aid aaftr Um tame at tas L GortaLn Aoreemew dat" Jts F 610 "O t,S t AU ccumtjr Ocri a %no, Perform am of t h# awv® mentl d"tios In rOJAU a to the 46"a ®t Of ta86110 *too ab S'allowel TbAL PUMMat t® UM a 1406 6UM tAO to 60444Wte UUVW44b It* a asd OtTLOW08 UM NPSOIMJ6 ai MMOM all WAfta nmeoe=wy " 1weviftO In said wwl4an for to eve"AA wswlet '' " ft4tj oz cuverumoacerte off. $ no GOVAM or d of 69 00mar An Um qaLab no " a s ® have 9t}1 February DOOM OP A CLAM Of Law CO.M47 of bast& cLams atato of Caufarnia. A 111Z 1A%JT: RICUUi1; Q"jM# Cl* rk of Uw 1bm 0f °®ie. � NNW i Mayo-/Of the City of Cupertino M 3117 37 mew g, ,fbe following is an Agreement between the County of Santa Clarat State of Californin, bereinei'teyr referred to as "County"s and the City of Cupertino, State of Californias hereinafter referred to as "City". relative to modification of that certain a8reement between the parties dated July 99 1956. &KEREASs the City by its Ito. 119s has elected to employ a City auilding inspector, and estaolish a Building Department. A EREASs the City desires to terminate County Services in so far as they relate to Building Inspection avid issuance of permits: hO, VM-' r�ORE, the parties hereto agree as fellow:+: 1. The following parai raph is hereLy delete:. ,from t�e above refer, �d to .Afret-:rert, dated July 99 1956: #12. County, actin4 by and thraut h its -Puilal.iE- epartment and Building Inspectors Office, a6rees to Provide oulldin6 inspection services and so issue permits therefor in accorcance with the provisions of t;-.e Unli,:)rm =uildin�; Code -ox in efrect ir: the City of Cupertino, to c(,llect t::,e fees therefor and ace"uric to t`cie �ity of Cupertino =ntnly. City ac rees on its part that County _ e,ta 'n f or its services Li,_hty ter Cent ( 00,,) of' all. per'.'-it 1'eos aru cr.,r,es collectaa ror perfUr. fees a.,,d charges aifectir:G a rl�cat.orf8 fir builulz�q, in tine Cit} of Curert.L:no and 9 .s►ll re _.t zAe�nty rer .,eat ( 20,b) to Lae City of Cupertino." 2. I,he C;-LuiLy nuilaiz., Inspectors v'I i ice stall cu_::;-1e re L :e processin6 of all applica�.lons filed with tr,at of flee up to March 1, 1959. 3. This Agreement shall take effect on March is 1959. ° COUN11Y OF SANT4 CLARA a rman OfIthe 3oard of SUpervis- ore of the tour:ty of Santa Clara, J, :Mate of C*lifornia. AT ;:ST: CITY Ue CtJd'SETINO o ' 3U* JL i This , eemwnt, made and entered into this 3 , a day of JAMM , 19599 by and between the CITY OF OUPERTINOp a municipal corporation of the State of California, hereinafter desig- nated as NOM98 and TU OL,IM BDUSSEAU ORGANIZATION9 a partaerehip, hereinafter designated as •dUBMIDE • W I T N E 9 S E T H WHERUS, said Subdivider desires to subdivide certain land within said City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated *Tract No. 21549 being a portion of Lot 3, Map of Craft Partition9l Cupertino, California; and WHERLAB, said map shows certain drives and roads which are offered for dedication for public use; and WHEREAS, said Subdivider desires to construct dwellings on the lots in said Tract No. 2154: NOW, ' HEREF'CRE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows , to wit: `1) lr, consineratio" or the approval or said snap and the acceptance, on behalf of the public, of the drives and roads offered for dedication, that the Subdivider will construct at his own proper t . cost and expense within and adjoining said Tract No. 2154 improvements as follows: FIRST: Construct City of Cupertino Standard separated thirty-inch ( 300) vertical Portland Cement concrete curbs and gutters, and four and one-half-foot (4*0 ) Portland Cement concrete sidewalks, together with a Portland Cement concrete driveway for each lot extendirg from the back of curb, through the entire width of sidewalk as follows: -1- on the northerly and southerly sides of VIC G C 'VE and RZOMMMDM'9,9 and , on the easterly and masterly sides of RICKWOOD DRIVE; :4 al.l for their fall lengths witkUn the subdivision. SRC : Construct City of Cupertino Standard separated four and one-half-foot (4}1) Portland Cement concrete sidewalks, together with a Portly Cement concrete driven" for each lot extending from the back of curb, through the entire width of sidewalk as follows: Y On the westerly side of EAST ESTATES DRIVE, all for ` its full length within the subdivision. THIRD: Construct City of Cupw tino Standard pavement oon- sisting of eight laches (30) compacted untreated rock base and two and one-half inches (2*4) hot plant mixed bituminous surface as follow;: On RICHWOOD DRIVE and VICKSBURG DRIVE, for their full lengths and widths between gutters within, the subdivision. FOURTH: Construct City of Cupertino Standard manholes, catch basins, storm sewers and appurtenances to sizes and grades as approved by the City Engineer and as shown on the approved improvement plans for said Tract No. 2154. FIF"r : Construct City of Cupertino Standard guard fence as follows: Across the westerly end of VICKSBURG DRIVE. SIXTH: Grade all lots to drain into streets. SEVENTH: Provide and install City of Cupertino Standard monuments, monument boxes, "not a through street" sign and street name signs as required by City Engineer. EIGHTH: Provide and install City of Cupertino Standard electrollers where required by City Engineer. -2- ti. tdT. Provide and install or Cause to be installed water 'r • } ftAlrlbutiou system, IncluaUV fire hyarmtles to serve all loft ithln said Tract No. 21 ; the number and location of fire hydrants to be deterodned by the Central Fire Patection lDtstartet of County of ftnU Clara. TENs Provide and install sanitary sewerage system to serve all lots within said Tract No. 2154. (2) It is further agreed that all of said improvements shall be completed within twelve (12) months from the date first above written, tied• provided, however, in the coeaputation of said twelve-month period, delays due to or caused by Acts of God, viz, major strikes or other delays beyond the control of the Subdivider, shall be Cxc3luded. It is expressly understood and agreed that if Subdivider shall fail to complete the work required by this agreement within the said period of twelve (12) months of the date hereof, the City, after giving tern (10) days' written notice thereof to the Subdivider, may complete the same and recover the full cost and expense thereof from the Subdivider. ( 3) It is further agreed that all of said improvements shall be constructed in accor?..ance with the final plans as app:=-,veal by the City Engineer of Cupertino, and shall be made under the insTpeci;ion and to the satisfaction of the City Engineer. It is further agreed that said construction be in accordance with existing Ordinances and Resolutions of the City of Cupertino, and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer and all State and County statutes applicable thereto. (4) It is further agreed that the construction work of the Im- provements embraced by this agreement shall be done in accordance with the Standard Specifications of the Department of public Works, Division of Highways , State of California, dated August 1954, and in accordance with. the Specifications of the City of Cupertino, and the Cupertino Sanitary District where applicable. �k- Wherever UM Verde AStatef or ONVIsi®n of Ug e® 4r9 MMUORed r in %he 13tate SpeolftesUons m it shall be cons ed " referring to itte City of leo; also, eterever the $Vlrwtorf or "Director of ftbUe Worlms is mentioneds, it shall be considered as r®lerring to the City MgInsero In case of conflict between the State Specifications and the Specification or the City of Cupertino and the Cupertino Sanitary Districto the specifications of the City of Cupertino and the Cupertino Sanitary District shall take precedence over and. be used in lieu of such conflicting portions. (5) It is further agreed that the Sulalvider shall comply with Section Two of Ordinance No. 44 of City of Cupertino by obtaining an excavation permit from the City Superintendent of Streets before the commencement 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 Subdivider shall notify the Superintendent of Streets of the exact date and time when the proposed excavation is to commence. (6) It is further agreed that the Subdivider shall pay the necessary expenses for inspection, checking, etc. , incurred by City In connection with said Tract No. 2154. (7) It is further agreed that the Subdivider shall deposit, with City, upon execution of this agreement, for office checking of sub- division map, field checking of street monuments, field checking of improvements, inspection of Improvements, and all necessary expenses Incurred by City in connection with the said Tract No. 2154, the sum of Two Thousand, Five Hundred and No/l00 Dollars ($2,500.00) . Y (8) It is further agreed that at the completion of the work and before final approval of the subdivision, the Subdivider shall be billed for and pay, or shall be refunded after completion of the °pork and final acceptance of the subdivision by the City Council the differ- ence between the actual cost of the necesegLry expenses incurred by City in aonn�got<.^n with said Tract No. 2154 and the total amount of the deposit. {g) It is father weed that the Subdivider shall file with City: upon execution of this agreement, a bond in the amount of FIFTY THMAND DOLLARS ($50*000.oo) to insure for labor and . ata;rlals, y and a band in the amount of FIFTY THOUSMD DO ($50,000.00) to Insure full cnd faithful performance of the construction of all of the aforementioned improvement work (excluding sanitary sewers and water distribution system) and also to insure reimbursement to city for any necessary expenses incurred by City in connection with checking of plans and inspection of said improvements. (10) It is further agreed that the Subdivider shall pay to the City, upon execution of this agreement, the storm sewer charges lu connection with said Tract No, 2154, in accordance with the requirements established by Resolution 779 in the amount of EIGHT THOUSAND FIVE HUNDRED NINETY--SIX and 501100 DOLLARS ( ,596.50) . (11) It is further agreed that the Subdivider shall flle with City, upon execution of this agreement , a letter from the California Water Service Company stating- that the Subdivider has made separate and satisfactory arrangements with the saij. California Water Service Company to insure the installation of a water distribution system to serve all lots within said Tract No. 2154. (12) It is further agreed that the Subdivider shall file with City, upon execution of this agreement, a letter from the Cupertino Sanitary District stating that the Subdivider has entered into separate agreement with the said District to install sanitary sewers to sew-ve all lots within said Tract No. 2154, and stating that a bond to insure full and faithful performance of the construction of the sanitary sewers and to insure the general guarantee as stated below In Paragraph ( 13) has been filed. (13) It is further agreed that Subdivider 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 5- .. p t' faulty vor sW,.pand/or materials appearing in said wort within a period of one (1) year after date of final ompletion and acc..)ptance. (14) it is further agreed that the Subdivider shall file with the City, upon eaeeution of this agreement, a letter from the Central Fire Protection District of testa Clara CountP, stating that the Sub- divider hoe entered into an agreement with said District to install fire hydrants to serve said Tract No. 21549 and etating that all necessary fees have been deposited with said District to insure in- stallation and five (5) year rental fee of said hydrants. (15) It is further agreed that the Subdivider shall pay to Pacific teas and Electric Company any and all fees required for in- stallation of overhead wiring circuit tc all electroliers within said Tract No. 2154, when Subdivider is notified by either the City Engineer or the Pacific (has and Electric Company, that said fees are due and payable. (16) It is further agreed that any easement and right of way necessary for the completion of the project shall be acquired by the Subdivider at his own cost and expense. It is provided, however, that In the event eminent domain proceedings are required by the City for the purpose of securing said easement and right of way, that the Owner or Subdivider shall deposit with City a sum covering the reasonable market value of the land prop6sed 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 adaition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs in such reasonable amounts as the City may require shall be deposited with City . (17) It is further agreed that the Subdivider shall indemnify and save harmess the City of Cupertino , the City Council , and the City Engineer, and other officers or employees of City of Cupertino from any suits, claims, or actions brought by any persons for or on account of any injuries or damages to persons or property sustained -6- or arising in the coast cation of the work due to any acts, omiseio.28 or negligence of the Subdivider, his officers, agentes emplc;7ees or contractors. (18) It is further weed that Subdivider shall provide and in- stall a sire-foot (6 9- wooden fence, at his own cost and a nse 9 along the back property line of any and all lots within Tract No. 21-14, were the back lot line fronts on Regnert Creek. The material used and the construction of Bald fence is ta be approved by the City Engineer. (19) It is further agreed that the above named terms and conditions for the said Tract No. 2154 shall bind the heirs, sucoessors, admini- strators, or assigns of the Subdivider. The assignment of this agree- ment shall not be made without approval by City Council of said City. IN WITNESS WHEREOF, said City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by reso- lution of the City Council, and said Subdivider has hereunto caused his name to be affixed the day and year first above written. SUBDIVIDER THE OLIVER ROUSSEAU ORGANIZA':'ICN, a partnersrip Dennis Jo2idan, partrrer APPROVED �C 10 FORM ty Attorney CITY OF CUPERTINO Mayor and - 1 .o. City ClerE -7- A 61959 A G M_E_E M_EM—T This Agreement, made and entered into this 2nd day of , 1959, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, " and EDENVALE LAND CO. , a corporation, here- inafter designated as "SUBDIVIDER, * WITNESSETH - 'WHEREAS, said Subdivider desires to subdivide certain land 'l fs � within said City of Cupertino in accordance with the map hereto- fore filed with the City Council of the City of Cupertino, marked ' and designated "Tract No. 2248, Pacifica Subdivision, " Cupertino, California ; andf'y WHEREAS, said map shows certain drives , avenues , and roads which are offered for dedication for public use; and R noHEREAS, said Subdivider desires to construct dwellings on the lots in said Tract No. 2248, Pacifica :subdivision ; ,Ord, THEREFORE, IT IS HcREBY MUTUALLY AGREED by and between the parties hereto as follows , to wit: ( 1 ) In consideration of the approval of said map and the accept- ance , on behalf of the public , of the drives , avenues , and roads offered for dedication that the :)'ubdiv-Lder will construct at his oven proper cost and expense within and adjoining said Tract No. 2248, Pacifica :subdivision , improvements as follows : FIRST: Construct City of Cupertino Standard separated thirty-inch (30") vertical Portland Cement concrete curbs and gutters , and four, and one-half foot (4%21 ) Portland Cement concrete sidewalks , together with a Portland Cement concrete driveway for each lot extend- ` ing from the back of curb, through the entire width of sidewalk as follows : . r r 0, On the westerly side of BLANEY AVENUE; and On the northerly and southerly sides of PACIFIA DRIVE; and On the easterly and westerly sides of LAS ONDAS WAY and FARALLONE DRIVE, all for their full lengths within the subdivision. SECOND: Construct City of Cupertino Standard pavement con- sisting of eight inches ( 80) compacted untreated rock base and two and one-half inches (221°1) hot plant-mixed bituminous surface as follows : On PACIFICA DRIVE, FAAALLO!�E DRIVE and LA:; OPv{DA: + AY for their full 1 engths and widths between gutters within the subdivision. AHIRD: Construct City of Cupertino standard Pavement con- sisting of eight inches (8d" ) compacted 1-intreated rock base and two and one-half inches ( 2. " ) n :,t plant-Mize bituminous surface as follows : On the westerly side of jI.=k YcY v`F :1:L, ',%-esterly from the existing center line of :=laney ::venue to the lip of gutter; all for its full lennt- r;it;,i^ the subdivi- sion. FOURT::`: Construct City of Cupertino standard manholes , catch basins , storm seKers , and appurtenances to sizes and grades as approved ^; the City Ertoineex and as shown on the approved improvement plans for said Tract No. 2248, Pacifica Subdivision. FIFTH: Construct City of Cupertino atandard guard fence as follows : Across the northerly and southerly ends of F ARALLONE DRIVE, and across the northerly end of LAS ONDAS +SAY, and across the westerly end of PACIFItCA DRIVE. SIXTH: Grade all lots to drain into streets. i (2) �s Cupertino Standard SE IN: Provide and install City of monuments, monument boxes , "not a through street" sign and street name signs as required by City Engineer. rt EIGHTH: Provide and install City of Cupertino Standard Y. electroliers where required by City Engineer. NINTH: Provide and ins Lail or cause to be installed water distribution system, including fire hydrants, to serve all lots within said Tract No. 2248, Pacifica Subdivi- sion--the number and location of fire hydrants to be zs determined by the Cent.-al Fire Protection District of County of Santa Clara. TENTH: Provide and install sanitary sewerage system to sr;rve all jots n .1-5in said Tract i'o, 2248, Pacifica subdivision. ( 2) It s further a7jzeed that all of said imp.rovement--i shall be completed within, twelve ( 12 ) s:nonths from the date first atove written, provided , ho° -ever , in the computation o: said t,tielve- month period , delays due to or caused by .acts of =mod , v .z. , major strlf s or other delays beyond the control of the �Ukd3.V .dei , shall be excluded. It is expressly understood and agreed that ifubdivi.der shall fall to complete the '.%-ork required Uy this ag?eeri,ent 'ti'it.-iin said period of twelve ( 12) mionths of the date hereof , the after giving ten ( iO) hays ° written notice thereof to the eider, may complete the same and recover the full cost and exoense z. thereof from the :J*ubdivider. . (3) It it further agreed that ail of said improvements shall be constructed in accordance with the final Plans as approved by the City Engineer of Cupertino, and shall be made under t, he in- spection and to the satisfaction of they City -ngineer. It Is fur- there agreed that said construction be in accordance with existing (3 , Ordinances and Resolutions of the City of Cupertino, and to all plans, specifications , standards , sizes , lines , and grazes approved by the City Engineer and all state and County statutes applicable thereto. (4) It is further agreed that the construction ,cork of the im- provements embraced by this agreement shall be done in accordance with the 3-1andar-.' Specifications of the Department of Public .corks , Division of Highways , Mate of California , dated August 1-�A , anti .n ac.rpriance Ait`i the *eC4fications of the City of Cupertino . and the Luo®rtino Sanitar,, Distric* where aaplicanle. Wherever the words "State" or "DivJiLsion of Highways ' are mien- tipnea in tt>e State : aecificaticns , it shall be considered a3 re- " errIng to the City of Cupertino . also wherever the "DiLrec —'i " , "Dir ec tor of Pub-Lic .wG;k.s " is 'r'terrt_r', 'aft;; , 1 i� a c'e c a'. _ _ e � as re' erring to the i-,y ira_ .eeT. In ca e o. conflict e h'_e :re r .. _ s"': ;_ ..)peclflcatlons of t,.e ..1 ty f .,uc)ert_n el t.., moo.._ a,l D. t.ic , t soeci f I ca t1of`, y J: J0'ei l'J 6 i e y. �UDertl(10 i-"L rV D1SLr1Ct s:ta-1 ta :e 7:cc-:;ence Dver any ,e used 4 in lieu c• f suc'-1 cor,ti is t.ing portions . r ( ,`.'') It is further agreeC _nat The •Ju6;1iV der Shall comi)ly `Alin ..)ection i,; o of %.%rdinance %o. 44 of t'rie i-ity taf :;-jpertino by oh- La".n1nq iI,n excavation oermit 'erom 't` e City :,u;,e.T--ntencient G i.:r2E'tS te'ore the coaanmencer.ent of any excavation ln , on, or under the s;,rface of any e,.isting pudic street , lane, alley, side'Naik , other c.jubl. c -)lace. It :urtner agrees that the subdivider. G"a1 i_ notify 6uperintender t. of Streets of the exact date and tw:r;a +nhen the proposed excavation is to cot.mer.ce . (6) it is further agreed that the shall pay the raeci;�_�ary expenses for inspect:on , checking , etc . , incurred by •�:i4y in connection with said ;.act '.O. 2248, PacIfica .)'ubd?_Vislon. (4) 4'w (7) It is further agreed that the Subdivider shall deposit with City, upon execution of this agreement, for office checking of subdivision map, field checking of street monuments, field -pecking of improvements , inspection of improvements, and all neces- sary expenses Incurred by City in connection with the said Tract No. 2248, Pacifica S%jbdivision, the sum of TWO THO+JSAND DOLLARS ($2, 000.00) . (8) It is further agreed that at the completion of the work and Before final approval of the subdivision, the �ubdivicier shall be b•iiled for and pay, or shall be .refunded after completion of the work and final acceptance of the subdivisir.,n by the City Coun- cil the difference between the actual cost of the necessary ex- penses incurred by City in connection ,pith said Tract No. 2248, Pacifica :,ubdivisJo.- , and the -ota amount of the deposit. (9 ) It is further agreed tnar. the :;ubdivider shall file witn �_ity, upon execution o2 this acIeemen� , a Lond In the amount of ( 50, 00C.00) to insure for labor and mater- ials , and a bond in the amount of FIFTY T=0U_--',"%'4D DULL k -0 % to insure full and faithful Perf.oTmance of the construction of all of the aforementioned improvemnent work ( excluding sanitary sealers and water distribution system) and also to insure reimbursement to City for any necessary exoenEes incurred by City in connection A',-th checking of plans and inspection of said improvements . ( 10) It is further agreed that the vubdivider shall pay to the City, upon execution of this agreement, a storm drainage fee in t'ne amount of THREE T;HCJU�:=;ND, ONE 'AUt'*D .:D FbkTY-Tao 'Vd _) 50/100 DOLLARS ( $3, 142.50) in connection with said Tract No. 2248, Pacifica Subdivision. Said amount: being the cifference between Four Thousand Eight Hundred Dollars ($4 , 800. 00) , the storm drainage fee as estab- lished by Resolution No. 77 and a credit in the amount. of One Thou- sand, 6ix Hundred Fifty-seven and 50/100 Dollars ($1,657.50) for an in-tract dry well to be constructed and credit for the oversize F of the storm drainage line to be constructed within Blaney Avenue. 3r- �4. The amount of said c!edit being based upon the estimates: construction cost for said dry well and for the oversize of said storm iine within Blaney Avenue. (11) It is further agreed that the Subdivider shall file with City, upon execution of this agreement, a bond in the amount of ELtVEt� THOUSAND DOLLARS {�11,000.00) to insure full and faithful performance of the construction of a water distribution system to serve all lots within said Tract No. 2248, Pacifica Subdivision. (12) It is further agreed that the :ubdivider shall file with City, upon execution of this agreement, a letter from the Cupertino Sanitary District stating that the Subdivider has entered into separate agreement with the said District to install sanitary sewers to serve all lots within said Tract No. 2245, Paci.f,ica 6ubdivision , and stating that a bond to insure full and faithful performance of the crcnstructior. of the sanitary sewers and to insure the general quarantee as stated below in Paragraph (1.3) has been filed. ( 13) it is furt:-.er agreed that Subdivider shall, upon written z notice t'nereof , immediately repair or replace , without cost or cclication to the City of Cupertino , and to the entire satisfaction of said City ail defects and Imperfections arising out of or due to faulty workmans �io and/or materials appearing in said work within a period of one ( 1 ) year after date of final completion and accep- tance. (14 ) it is further agreed that the Subdivider shall file with witt, the City, upon execution of this agreement , a letter from the Central Fire Protection District of Santa Clara County , stating that the Subdivider has entered into an agreement with said District to install fire hydrants to serve said Tract No. 2246, Pacifica ;,ub- division, and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. (6) I (1r) It is further agreed that the Subdivider shall pay to Pacific Gas and Electric Company any and all fees required for in- stallation of overhead wiring circuit to all electroiiers within said Tract No. 2248, Pacifica 54vbdivision, when Subdivider is noti- fied by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. (16) It is further agreed that Subdivider shall carry out any and all negotiations with ail interested parties , and perform or cause to be performed, at his own cost and expense any and all work of construction required to raise, lower, relocate, or otherwise modify the irrigation line or water line or lines and appurtenances existing on any portion of the lands upon which the improvements of the said Tract No. 224E, Pacifica Cubdivision, are to be installed. � 17j It is further agreed that any easement and right of way necessary or the completion of t:-)e project Shall be acquired by the ubdi.vider at his own cost and expense. It is provided , how- eve:" , that in the event eminent domain proceedings are required by the Lity for the purpose of securing said easement and right of Way, tear tFle Owner or �.1bdivider shall deposit, -with City a sum covering the reasonable market value of the land proposed to be taken and to be included in saij sun: shall be a reasonable allow- ance for severance damages , if. any. It is further provided that in addition thereto such sums as may Le required for legal fees and costs , engineering and Othaa incidental costs in such reason- able amounts as the City may require shall be deposited with City. ( 18) It is further agreed that the Subdivider- shall indemnify n and save harmless the City of Cupertino, the City Council , and ri. the City Engineer, and other officers or employees of City of r Cupertino from any suits , claims , or actions brought by any p,-r- so ,s for or on account of any injuries or damages to persons or property sustained or arising in the construction of the work due (7) t to any acts,, omissions or negligence of the Subdivider, his officers , agents, employees or contractors. (19) 7t is further agreed that Subdivider shall provide and install a six-foot (61 ) fence, at his own cost and expense, along the back property line of any and all lots within Tract No. 2248, Pacifica Subdivision, where the back lot line fronts on the future Regnart Creek Channel. the material used and the construction of said fence is to be approved by the City Engineer. (20) of is further agreed that the above named terms and condi- tions for the said Tract No. 2248, Pacifica Subdivison, shall bind the heirs , s'lccessors , a11m],nistral-ors , or assigns of the .'u:dlvide:r . The ass anment of tlnls acreerient shall r7, :,e .;lade % i_-T1out a?cr ;vas ' cy City ou:nc: 02 salt City. a ^. vi y cai: .:0`. t 7 e O uF uri7c) a'{i:xec' by its 11,,ayor an(j :.tj% `. erg , y re�dlut_ }n Or the _'y .�Jt1nC 1 , 1 5 � _ . . l: i;L'= 1eZ ^ate here_.:: causeG niS n,:a;::e to be affixed t,; ray a : yew __ s _ a rVe w11t L Y" - ER11:.0 Y ;..a and + -,--elk EDE.,FJ;LE LAND C: , , a Corpora t on ,y By. - APPRMU D A,, TO FOPUM: i t e . �5. ty Attorney t 0Q ucK.DA"LaussT,hmpsmeyon 8s SUTCLisrR£ .e�.�ss ..€ AN.crmcR MW ATT01nWM AT LAW CABLE Aooaess " MK _ ?t4.OdUdLQWs4 bps NOWTOOMEM STREET IGOODlIELLOW.EsLLs.ww"Z 6 O ) 0C91fpE.Newas"170m me OUTCUME 3AM FamctSC.O d MATH"O•ROWLE'ti SIf3l.11"a.ORRCCA-JQ- cohnIAX A-QOMLo iL/#RR$H A.CAUkaw WWI=6.OL ` C"Is"W"aR M.Jan" OTC`'] 9 MtiLLtAM O•""Ce a 1 W. fin Js SadMUM Aftwum at I" �1 Res MAGINAM 011 OfDow Andewsons PUMISUMINt to yaw letter of June 19 and our confermce on June 249 1959 s 1 have prepared and enclose the following: 1. original and 2 copies of tentative timetable for the special reevenuee bond elution proesedIngs,, one for your tile, one for the City Cleft and one for the Council if desired. 5 2. Original and 5 copies of res'solutim calling special revenue bond election to be adopted by the City Council at its regular aseeting an , July 6. Upon adoption of this reesolu- tl ,xn, 2 certified copy should be returned to see for ow tran- script. One of they P=sining copies is for your files and one should be submitted to the Cupertino4bnta Vista Coupler as soon as you receives thin leettw for setting up in type. fte n6wpaper should be Instructed to submit proofs to you and to sir for checking ems, upon clearance of proofs and Insertion of the nw= of the awanai3man vesting s ye, no, and absent at tw July 6 meeting and Insertion of the signatures of the for and City Clesrk$ the news- Paper should publish the notice twice, on July 10 and 17, 1959s and should thereaftw tiles an affidavit of publication with the City Clete and forward 2 such affidavits to so.. It will not be necessary to set up in type or publish the City Clenes's certificate at the ard of the resole ion. Me lest remaining copy of the resolution should be sudb- n 1tted after July ately aftly 6 to the printer who will paint ample ballots and otriaial ballots. Me fozu of ballat is set forth an page 7 of the resolution. At the sme time that the printing of the ballots is ordered, polling place card should be ordered. Um printer should submlt proofs of the Eons of ballast and polling place ward to you and to me for cheeldng _ y r ORRIC'K.D^HdoUIST.HERRINGTON 8, SUTCUFFE • =9W L N.Answ in Md ® �T Ift a " a 1e as Punt ft an eM46 wisaft e to soft. 4 copsAw or y�not icerudm �P r "an fte andeel i be 04ftdin 2 p ce the bulletin bond in the alwkes as M jar 6 aftw AdOPUM ®P the anclased re"lut . one or the notiOO d be raitalned In the Cleft'a Pilo =9 Vatg=d GOVIAM d be resod to r; tjW copy Is PAS' yow Pilo, AS 1 to YOU et ~ meeting On JMO 24a it would rob for the C1 tw Owman to prepaire an arammt not 3W Words l ) lea f*VOr OP `as heed by Bleteati mill than Clerk mi than be Rio to mail out in favor, or thip newure alone Stith MW arament submitted agatnat the -0. If W toagainst the Measure aim Submitted, the OIIPMMt P®r the nessure can still be ailed out. Me cost of psi nt1ng of the expense of the oleo tion. 'moo amlosed otiee gimm July 15 ag the fin" date ()n which argwaoubw =iW be omitted. Zmaeftately after, 15, the text of one mWimant for the usasure and iP we WAINitt" tho W should be Setup in tno � fis ballot VrIntw md pzvoft Would be submitted to you Md to j for she es below and pow pace OMM�ds AIM I Will P t;OM:S`p4Ia*O teUlng "If S=W) not Poe� ®o@ 1ee*W bW , �A 31. e�eple as a egad ta, to be signed by the Olt# Clete. j' - o e d O AO - - Ys ® - - O rpN w� W h �r as ' f �- L { -: � auJ « �,.,. ,y s..'R.- ,,,,ii:.: p. .�r ...J- Y'9' ,�.,� �.. ._ •4,-11• `p s'' �'-t_,�.Q R, d s . rA ! 1 PR f I( :P f i . .`rF.i.'-r,� � ir.. yam. ..).`c;�.. .P ':�°i.4 � �-`�� -'t tC-. 'R'•. Ir -'i:. •fir° -i�a F a, !. .t. a .-}�f R :.. 'i-: ;t '..4' &•_ :. 1 .:. .:.. ( ::i ti. {' -•.;I.: 'l J-- .` 'r 'I. a"ri R. d .:R .,. r :. '. `�, :.. :4 i., F,. • _,.i A. I.r . \�• .4Y ''i•:. {.�t. +&.� ', 7.`. YI e,'ad.J- .4.'i� i.C' :i(:. '.€ r {3j �:i - �.: . IT • . :R`ci <.. .-'•. 7..: - a ,:.:;f" .♦ '. ';.�'1 , ' d' ti.: - :y. i)-� ....� '.�� .>�e � i.t 1...- i .'•4 'j,l -fie .y °�, - �..- �r ORMCx.D,►NUOUIST.HERRINGTON Ei SUTCUFFE ddO OW s P ' • A t Ora@ I muften or e as to me pow am"um of Ww Avon line. include be mde bw the ci *W total tee fob p9spaAft all of the bad election pre. esedftp will be $ if the revemm band measure fails to own. If the m8UUM cWh, Ow total too trill be ow t of 1/8 of anof he pal of ore0000). s tee w1U , In addition to the bond election p o*edtnVj, prM�urati®n at the resolution of issueb revieer, of the 011wes official st , propagation of or review of a Crates sate ord'unces prepar- ation'Yof the foss of notice of Males duKking of prooft of boom,! and CWAP= prepar- atl® ®f a M of da Bstt fob ®t "" (aalll the be tmen soul ) for tswwfsr o: tjje two pri®ft* rater systems to tie City and panent of the purchase prices t.Ses wf b® the City and paW- alent to it of the PUr®hase price of the bonds Mad de1ivopy of aaad psWmmt for the bonds e and the randering of our prelminary and approving opiniom an the If all of the bands are not to be 3024 at me timiss our fee will be payable $4aow at, the time Of isleuaaoe'and Bale! of the Series A boads and the balance of $1,v000 at the time of ism"noe ad sale of the r talaaingbonds Of the authorized issue. At YOU or aft of the City Council have any ques- tion® GODOOMIM the enclosures or sxW of the !owing, plamee let as ors Z undersUM WWt you will send no often available an xemd. sit to tbQ a MUMOt at a with Waterworks of Xmt& Vistas %W., .ad as 0 it to the Alves optlm,, each of Uich is rs11 to the pWOVIsie S Vllatl� th g to e SL of aPICE188OVY note and of tswtt b® the ditp aatdt rill rabstitute pqpunt of the pur- dme priae in cash tint the of sale of the revenue bonds. V-my t"CILY Yews# ee UPS a, mot r t s _. 11' T! M m:xv 1, 1 calm — =. A.. y. am OF W FkWl Mum " its Fy � Sir a* , the rally ill 4 � eatriets Wig 30 &MS Of receipt ®t each said I1st, Dist riot m ';Y a S� e4$ al tee Denwe Sa (43•50) !®r cash and every ecmg"tien li®t� ads speeted a" �z�V" by Cit7 t to eenent. In additien tba"ta. tl* Katriet Shall "� 1SrS ® collect and pay City a eM "Pal to 1 ) f er each MA *VWW W& WOW back flans dev100 install" Ida" the District and within the City. IN WITS WMgDp, the 'artieg barete have eaecnted this AgreeEwt, thin ?th day of October s l� • DlVMCT of SAGA OLMA GOMWP ®aliterala o DissetWg e$ Sail D ®trict ATTIMT E CL On 00 EST: X j r 77 IMSOLM low NO. 964 A RBMXTION OF THE CIff COUNCIL OF THE C1TY OF GUJVMIN0 AUMORUING NAB AND Crff CLERK TO WMCM A 3' ADD OEM= CUFMINO HUM RMHUT 2E NAMA CLASAA CO MY An 743 C Lr .F-SPSWINo. WIMMASt The City Council has reed the posed Agreentut Amending Paragraph 4 of that certain Agreewwt, dated August 19 19591, by and been Cupertino Sanitary District of Santa Clara County and City of Cupertino, and WHEREAS, it appears that said Agrewiont in fair and equitable \ and is to the best interes va of t .e City® 4 NOW, TT!EREF_':fRE, BE IT R,-ZOLIr:ID, >R. That the Mayor and City Clerk are hereby authorized and instructed to execute Agreement by and between Cupertino Sanitary }x District of Santa Clare County an,11 City of : upertino, a cop; of which is atterhed hereto And made a part hereof as 1xi;; it FA:i;_I'EL A1gA- AD;jrT-"-'D at a regular :-ioet__ , c;i' L4'1t-1 Co4:.cil of the City of Cupertino on the 15th cad- of vur,e, 1964. Mayor t r rr —'c sty' Clerk I hereby certify that t'-,i s Is an exact copy of tLe original reso- lution on file in the office of the City c k 7 f 1 19 Y A G R E E M E N T Nf_ Z CXRTAXX AGREEMM, dated August 1, 1959, by and n MIRTINO ITARY DMTRrCT OF 3ANTA CLARA 009M, horeinarUr referred to as "District", and the J CM OF MPERT230, hereinafter rof*nvd to as "City', H is hereby anonded as follos: m Paragraph 4 is hereby deleted and in its place the following Is added: 4 Pant by District- Within 30 days of receipt of each said list, District shall a City pay T ._ E a sum equal to Three Dollars and Fifty Cents ( $3.5 for each and every connection listed therein as in- spected and approved by City pursuant to this agreement. Ira addition thereto, the District shall collect and pay City a sins equal to Five Dollars ( $5.00) for each and every back grater valve and back Plow device installed within the District and within the City. Ili WITNESS WHEREOF, the parties hereto have executed this Agreement, this - r,=-day of T - I964. CUPERTINO SANITARY DISTRICT of SANTA CLARA COUNTY, California By Isl Otis F. Forge Pros dent o t o ATTEST : Directors of said District sr` Dr. Joseph F. Brown Here ary -cT said- ®a CITY OF' CUP ERTINO By Is! Paul H. Finch ATTEST: mayor Isl Lawrence K. Martin ' C . a . IM I CW T' O h TINO oPALEFORNIA Office of: City Attorney SAID J. ANDERSON 14457 Big Basin Way z - Saratoga, California 95070 Telephone: 867-4775 October F, 1964 To The City Of Cupertino 10321 Saratoga-Sunnyvale Road Cupertino, California AT VE'TI_IOI.i: ?ir. Lawrence K. T'artin Dear Sir: We are enclosing herew-Ith a cop-,- of the Agreement to the Cupertino Snniter'T District. Also the Iesloixtion `q64. `-'ours very truiv, sn pderson T' SJA :lcl 'Inc l.osures A_GR E-E M EN-T This Agreement , made and entered into this 16th day of 1959, by and between the CITY OF CUPERTINO, a municipal corpo�•ation of the State of California, hereinafter designated as QCITY,m and PO TIAC HORSES, INC. , hereinafter des1g- nested as r SUBDI4 IDER, " kTII, �'ESBE'I'I? r. W11 EFEAS, said Subdivider desires to subdiv;de certain lard within said City of Cupertino in accordance vith t :e map teretofor e filed with the City Council of tre Cite of Cupertino , :ear ed and #ez desiF-nated "Tract ',o. 2-�41 , Lynton Place ,* Cunerti no , California; and V,'HIE'E:AS, said map sh,ovs reYtai:": drives, courts and roads Vh1c., are offered for dedication for lic use -, a.r:d saia Su,-al idl-r Desires t� i. onstz---. ct on ,:_e lots in said Tract ' o . 2 4,-1, L;�nton T-,-Lace pQ NO , T47RE '"RE, TTTS .� r.L .•TTTITA- ri 3 Ci JEt4"EE: t parties ' ereto as follovrs , to kit' ( 1; Tn considerat or of t:.e a pro-, al of saic yap and acce: t- ante , on :ehalf o=' ti-e _,uL,11c , of t::E drives , courts anc, rcaas for aedi cation that t -e a -divider wi c ons t.^;c, at _'is ow,. pGr cos'. a ., exDense grit . a <c_ ad joir,_:,.; said Tract °lo. 2341 , to _ Place , imnrove',;ents as FL-%ST: Construct City of Cupertino Staraard separated thirty-inch ( 30" ) ver ticai Portland Cement ccncrete curbs ana j2:tters , and four ai-i d one-half foot (441 j Portland p Cement concrete sidewal a , to�:etL.er wit_- a Pa-- t and ;efaent concrete dri veka `o: eac._ lot extending- from the bac of curb, t:-rout the entire width of s,dewC k as follows: y` NMI On the easterly and westerly sides of M ITONE DRIVE; rnd On 'zhe northerly and southerly s Ldes of VINCENT DRIVE; and On the ncrth.erly and southerly sides and all around the circumference of LYNTON COURT and PATRIC C'}LTFT: and On the northerly side of BOLLINGER ROAD; all for their full 'Lengths wlthir. the subdivision. SECOND: Construct City of Cupertino Standard pavement consisting of eight inches (80 ) compacted untreated rock base and two and one- .al-_' inc-hes ( 2jd ) :rot -)iar,t- miaed bituminous surface as On VI: C._...7 . _.�v ^, CA+, t+.�rr. DR E, 1✓N COU?1 and PA?RIC' _,-_URT for their p_ir]- le;iF-the and widths bet,,:-en within t o s�otdiv1sJLon. :;itly u ' Cupp-,rtino ;ecial Pavement con istin - :" te-. c .es R l;" i co.,. .ac ted 'entreated i oc:_ sass.. a .r_ 11x1 a:, one-,a' ` _r � _es (2 " ) Tot larit- :nixf-d . 3,_ _ z-2,i,`ac,e as . I _-,t,is side of t from- t e Asti_ C-I e •:)f .ayeme:t of t:.c ! tt ri , al' '�= vrithin t-e su c.i ,F is I:)n. oily' Or vUert3i10 5't&r3(2a :ia.'1' ,c7_ :13 , catc _ asi:s , sto.•m sewers , and a ,)urtena:..ces to sizes I a.,,. r> ades as a:, )roved by t-_e City EnFinrer a a a:3 on the atiproved improvement ia.as f'or sales Tract No . 23� _ , Lynton Pace . Lonstr :it C.tty of Gupertino Sta.:ic. r; --uard fence a.3 S r Across the northerly end of FARALLONE DRIVE, and across the easterly end of VINCF_NTT DRIVE. Across the westerly limits of Sabdivisior on the northerly side of B©I.LINGER ROAD from the edge of existing pavement to the lip of gutter. SIXTH: Grade all lots to drain into streets, SEVENTH:. Provide and install City of Cupertino Standard monuments , monument boxes , n not a through street" sign and street name signs as required by City Engineer. EIGETK: Provide and install City of Cupertino 3tanaard electroliers u�ere required by City Engineer. : IT;-:: Provide and install or cause to be .installed water distribution system, ;nti!' i' _`'ire ,y(ira-.tS to serve all 1.ot� rit%_in said ?Tact : o. 21L41 ' n , L,�- :Y_tone-- L' e number r_3n 'Location of fire 1-1--°a nts oe 'eter- :i-ed by t:-e ral Fire Pro ter lion District of CDu-* f `r _.T . Ano i .e and ns ta_._ -anitar, sewerw-,e system to serve all J_^ts wi t�:in sai: Tract :;o. 2341 , -;t=,to.^^, p4aCe . ( 2) ?t is '�lrt?.er a-~•i eed t _at t _e Subdivider, at t'n_e written. request of t:.e Gity , s':all constr�.ct city of Cupertino 3-oetia_a-1 "treet Section , nsistin<' J..,f ten Inc .es ( io" ) Of ant* eater base rock any two a: one-half ins es ( 2 " ) of not �-_ar.t-.:axed L_ surface on t-e port:-erly side of Bolling-er Road from t_'_e existing center line northerly to t _e existin=- edEe of pavement , t e cost o'_' whit- shall be a-,­Y,roved by t e City Engineer and refunded to t e Subdivider by the City. ( 3) It is furt:rier agreed that all of said improvements shall be completed within twelve ( 12 ) months from the date first aa') e written , nrovided, nowev_.>- , in the computation of said twelve-wont: r ( 3) ti period, delays due to or caused by Acts of God, viz. : major strikes or other delays beyond the control of the Subdivider, shall be ex- eluded. It Is expressly understood and agreed that if Subdivider shall :ail to complete the work .required by this agreement within said Deriod of twelve ( 12) months of the crate hereof, the City, after giving ten (10) days ' written notice thereof to the Subdivider, may come"etf the same and recover the full cost and expense thereof from the Subdivider. (4) It is further agreed that all of said &JUProve rents shall be constructed in accordance with the final olans as ap-oroved by the City Engineer of Cupertino, and shall be made unaer the inspection an.; to the satisfaction of t:_e City Enc= ineer. It is Pur•tre^ agreed that said construction be in accordance wit existing Ordina nces ar.d Res =„lions of thie City of Cupertino, and t-, all -da:is , s-�ecifica- tio:-_s , sta:.dards, sizes , lines , and F-rades aU:pro: Qd oy the City `n:l_:eer and all State and Count,,, -tatute_ a)nlicable t'_ereto . - ) It is furt'-er agreed t:-.at t!:e construction work of the imor:_,-events embrace4 by this aGreement s-al± be done in accordance wit=. tr_e Standard Specifications of the Depart,, ef t of Public, Works , 1v1sion of 1 i hways , State of California , dated Au;-ust 19.54, and I- accar•dance the Specifications of the City of Cupertino, ar-id tL e Cuo=_--tino Sanitary District wrere apnljca-J;e. '.-erever the words "State" or "Division of uiPh,.,ays" are mentioned in the State Specifications, it shall be considered as re- t ferr in to tre City of Cupertino : also wherever tne "Director" or "Director of Public orks" is mentioned, it shall be considered as referring to the City Engineer. in case of conf iict between the State Specifications and v-le Specifications of tie Cit) of Cuoertino and the Cupertino Sanitary District, t-,e Specifications of the City of Cupertino and the Cuper- tino Sanitary District shall take crecedence over and be used in lieu of such conflictin.- portions. r ( 4) ,s i�. d 6) It is further agreed that the Subdivider shall comply w1th Section Two of Ordinance No. 44 of the City of Cupertino by obtaining an excavation permit fr^m the City Superintendent of Streets before the commencement 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 Subdivider shale notify t7�e Superintendent of Streets of the exact date and time when the proposed excavation is to commence. ( 7) It is further agreed that the Subdivider shall -oay the necessary expenses for inspection, checking, etc. , incurred by City In connection with. said Tract No. 2341, Lynton Place. (8) It is fort:-er agreed. that the Subdivider small de-oosit wit:^ City , unon execution of t1ris agreement for office checking of subdivision rap, .fiel,. checuinp- of str�-et monuments, field chec�_ing; of improvements , in-c^ection of improvements , and all necessary ex- -senses incurred by City in connection krith the said Tract do. 2341, Lyn ton Place, t•..e stun of TWIG QUAD, C:,tE HU; RED SIXTY D—O: FRS 32,160.00) . ( 9) It is f_.rt_-_er agreed ti:at at the completion of tr_e work and before final a^-;roval of tre subdivision, the Subdivider shall be billed for and ray, cr shall be refunded after completion of the work and final acc �Aance of tf.e subdivision by the City Council the difference between the actual cost of tl'-e necessary expenses Incurred by City in connection with said Tract No. 2341, Lynton Place, and the total amount of the deposit . ( 10) It is further agreed that the Subdivider s iall file with City , upon execution of this agreement, a bond in the amount of FIFTY FOU:: TH0USA' L DOLLARS ( $54,G D.GO) to insure .for labor and :materials , and a bond in the amount of FIFTY FOUR THOUSA D DC_iARS ( 854,notc.C,,) to insure full. and faithful performance of the con-- straction of all of the aforementi,..ned Improvement work ( excluding ( 5) w sanitary sewers and water distribution wystem) and also to insure reimbursemnt to City for any necessary expenses incurred by City In connection with checking of plans and inspection of said Improvements. ( 11) It is furtheragreed that the Subdivider shall pay to the City, upon execution of this agreement , a storm drainage fee in the amount of SIX THOUSAND, THREE HUNDRED DOLLARS ($6,300.00) , as re— quired by Resolution No. 77, in connection with said Tract No. 2341, Lynton Place. ( 12) It is further agreed that the Subdivider shall file with City, upon execution of this agreement, a bond in the amount of SIXTEEN THOUSAND DOLLARS ( $161,000.00) to insure Rill and faithful performance of the construction of a water distribution system to serve all lots within said Tract No. 2341, Lynton Place. Y ( 13) It is further agreed t-at the Subdivider shall file with City , upon execution of this agreement , a letter from t-:e Cupertino Sanitary District , stating that the Subdivider has entered into separate agreement with Vie said District to install sanitary sewers to serve all lots within, said Tract No. 2341 , Lent-_,n Place, and statinE_ that a bona to insure full and fait_-ful Derformance of the construction of the sanitary sewers and to insure t>-,e general Y L-uarantee as stated below in Paragra:;h ( 14) _as been filed. ( 14) It is furt -_er agreed that Subdivider sr:a1:L, uoon written 3' n6t,ice thereof, immediately rerair or re-;lace, k Lth out cost or oblication to the City of Cupertino, and to t:-_e entire satisfaction of said City all defects an(j imperfections arising out of or aue to faulty workmanship and/or materials aopearin�- in said work within a a. period of one (1) year after date of final completion and acceptance. s` ( 15) It is further agreed that the "Subdivider shal L file with the City , upon execution of this agreement, a letter from the Central Fire Protection District of Santa Clara County, statin_ that the Subdivider has entered into an agreement with said District to instals (6) z=- 4 fire hydrants to serve said Tract No. 23419 L,ynton Place, and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. (16) It is further agreed that the Subdivider shall pay to Pacific Gas and Electric Company any and all fees required for in- stallation of overhead wiring circuit to all electroliers within said Tract No. 23419 L,ynton Place, when Subdivider is notified by either the City Engineer or the Pacific (has and Electric Company } that WA fees are due and payable. (17) It is further agreed that Subdivider shall carry out a any and all negotiations with all interested parties;, and perform ' or cause to be performed, at his own cost and expense, any and all work of constniction required to raise, lower, relocate, or other- wise modify the irriKation line or water line or lines and appur- tenances existing on any portion of the lands upon which the im- orovements of the said Tract No. 2341, hynton Place, are to be in- stalled. (18) It is further agreed that the Subdivider shall perform or cause to be performed, at his own cost and expense, any and all work of construction required to raise, lower , relocate, or other- wise modify the existing Pacific Telephone and Telegraph Company conduit, located in the existing 25-foot easement . Dn the north side of Bo linger Road. M) It is further agreed that any easement and right of way necessary for the completion of the protect shall be acquired by the Subdivider at his own cost and. expense. It is provided, how- ever, that in the event eminent domain proceedings are require" by the City for the purpose of securing- said easement and right of way , that the Owner or Subdivider 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 sllal.l be a reasonable allowance for sever.%ace } m t' i t,. ti } A �. is .1. e , i. y t . . � � .� ..�, ..,� ,, � �.,,,. . .3.. : �,<; .. ��,<. �. �. I ,.x ., ..,: �';, ;`: !:'' .� •'��� � _ _ .�r. ..�...ems 4_—.- t �! _ � _ �i° _ _..� .. ..i.. ..... �_ .. .._� � ..i_. .. _ .. .. ..__ _ _ .. _ _ ,. _ f:: Fr �. f .. Y �. .. .. �. Y '. .. �.. �5 - �,.. `.: . rt. _ � .�� � � w. � . �.,� .... .. �r �. . ,• ,;-,, a ;,, ti _ .. . _.�. r. _ .. . _ .. _ _ _ . . _ _ .._ _ _ .. , _ � ... _.___ .,�.._�. __.. ..__ r _ ..,. __... _.. .._. _ .. �� �' ,.4 y. ;.A,_ '���¢ uo- '�`` �its 'c. 's:. •x!.� �,. �:h �..T �y3 t.. I ,��=f �J$``Ae1A"'._; #. 0 0 -AAA k -";+�, y � r ti �.. wZ. Jill ft" by aid b • as tft a ,r ry t ®g lic ry Ifor hereinafter, re to M1 O TW9 V29MM,, In accordmas vdit tw per 22�.5 tie M eets a" e ftfto ame dMU boft the S yfor 689b"112 c ate► t � ���respwt to cityc striss"; and equirements of ftation l of a 2t nib hw ® Codes, the city is set up by No. a cial Gas gas Street apt Pond is ablest l be deposited ail anoants pmvumnt to Uction 194 and 2107.5 aid received by city; i, 11 , in consideration or the premises and of the several pri=dses to be ftlWdUlly performed by each a er set forth, Uwe city and the demrtment do hereby =toallp agree as rollows s - 1 - IN : v;. f r R x — ZM�VWY,_1 y r p 4 Y. ss : • n' .+vim r. {r, a v r y, s •3L�a , ` 1j'�pVc' - =�4 aS� T x"4. - n .. 4F s xyrs a e _ n n ARTICLE I. PROM The project and the estimated expendIture therefor as listed hereinafter constitute the buftet heretofore admItted by the city, which has been, and is hereby, approved by the department: Project No. g s 00 Includes: Preliminary Engineering (Surveys, plans, specifications, estimates of cost, curb and gutter grade surveys) Construction Engineering Advance Planning la Traffic studies b Planning surveys c Estimating cost of correcting deficiencies (d) Materials, research and testing (e) Other Miscellaneous (a) Attendance at Institute of Transportation and Traffic Engineering (Chapter 78, Statutes of 1949 0 2 N +'. As .._.. �.:.,.. 3t� . ia .atfu fir,..'x.. .,. .av<e...xt.#_.6Y..*3k�+ws.ti 35i+....a w.+.:._ nbfr3�L tt_ ...a '^�'•<t - i a i6 7u aZX �x Ly Awl= in. PUM Funds to defra the west of the work scribed in Arncle I and papable from revenue accruing under the provIslons or motion 9207.5 of the Stmete and code are aslable as !®hose: e i June 300 1960 1,1000.00 fttal sOW.O® The amount of $ 2,,000 00 is budgeted to defray the cast of the work described in Article I. The department will pay to the city � from funds allocated under SactIon 210"1 .5 of s `Wroeets and Eighvare Code. In addltioa, there 10 a sum of $ None available in the city's apeclal Gassy Tax Street ILVrov�ent Fund. From these funds brae project budgeted bar+eirn and delegated to the city, will be financed. - 3 - t N a ,Aded r for the project listed In Art9lc2e. I inot not be, exceeded, and no Heys may be • expended by the city fry the Special (gas Tax Street Improvement Pund except for the project listed in Article I without amending the budget by supplezen``:41 agreement. Such aujpplemental agreement shall be valid only when executed by the city and the department. All Funds allocated under the provisions of Section 2107.5 of the Streets and Highways Code in excess of such funds budgeted herein for expenditure will accumulate for future budgeting and expenditure. ARTICLE IV. FINAL REPORT Within sixty days after completion the city shall submit to the department a final report. The report shall show the work accomplished in such detail as required by the department. 4 A m„ r d� Va No. 4ftt4 officer or • done or emitted to be done ,b$, *t FWAM of aty work delegated to the o r this The cif �,l, in the a *!Ada is against any Mate officer or eup)-dyee by ftAsch of such work, Indewd ry and hold harmless such off leer or employee from any dexage or liability by reason of avy such c lalm• IN , the parties her+ewto have affixed their 91Wsatures and official Beal®, the clty on the dew ex k. A Q ( y , 2M , and the department on :its day of 1940. Approval recommended: CITY OF IN1 By 1,4 District er Mayor sneer of C and City Clerk Cooperative Frojee-ts STATE OF CALIFORNIA Approved as to forte DEPARTMENT OF SIC WOWS and procedure: DIYIdION OF HIGHWAYS } �71e • ". n par en sae a vtey Public Works Qlneer o � STATE OF CAUFORNIA ;rPARTwSNT OF PUBLIC WORKS ION OF HIGHWAYS DISMICT IV 150 OAK STRcar FEB � � 1� SAN FRANCISCO 2.CALIFORNIA A UN mmjLL 2-0222 ADOR,3R0 ALL COMMUNICATIONS TO P.O.SOX 3366.RINCON ANNHZ F (,t i.)'_'�).c:.i.1+} !J 7 —`��%'.� PLIIASZ RIEPIM SAN FRANCISCO 10 TO FILR NO. p. or 4_r f ,��ks - a x r r f y Vic• ,=n ' d Into by d or FNA " ' fe to as Katy, and the htsof 111c Wbrke or thweSt tas of Californlas herel effiftep to as the deps eat, wigwamsmes in accordance with an provIelow of Section 194 and Section 220T of the St,'vete R and ,fie Code, a sty eq al. to five-* gptiae o! one cent per gallon tax ender the Motor Vehicle s®1 License Tax Low shall be transferred to the State g Pund for ezpandlture in cities in the proportion that the total population of each city bears to the total population of all cities in this State; and WMMMs Section 195 of the Streets and Nighwaye Code provides that two-fifths of the money allocated under the provisions of Section 194 shall be expended for the maintenance of Cie system of major city streets and of the secondary city streets within such city; provided that, with the approval of the department, a portion of such money so allocated for maintenance may be expended for construction of streets included within the system of major city streets within such city; and WHEREASO In ction 196 of the Streets and nce h ighwaysCo e, th the e ctyrequirements e not up by Ordinance No. 008 a Special Gas Tax Street Improvement Fund in which shall be deposited all amounts allocated pursuant to Section 194 and received by the city; NOW, TMMMRE,9 in consideration of the premises and of the several promises to be faithfully performed by each as hereinafter set forth, the city and the department do hereby mutually agree as follows: -1- k 4 b i Y q K j X' Ail , VOW 'I nmay. . Men .�® a tj.far® t lot An* 30. 106 P000.00 a ARTICLE II. MAAIPRENANCE The streets will be maintained by or under the direct supervision of the city. Maintenance shall be as defined In Section 27 of the Streets and Highways Code which is not in conflict with Section 195 of the Code. Maintenance work shall be adequate to preserve and keep the roadway, structures and facilities in the safe and usable condition to which they have been improved or constructed, and provision shall be made for constantly making needed repairs to preserve a smooth surface. Any city-owned equipment used for thFr maintenance work may be charged for upon a rental basis to cover depreciation and repairs in case rental rates already haves been established by the city; otherwise, allowance for depredation and repairs ' may be charged for as approved by the department. - 2 - r , n r ® � . e00 Me apt of o in budgeted to defraw the cost of the work ®nr$ d in Article I project listed ire Article II atop estImte �iid f aaeunts. In the event that the actual revenm or the actual cost of the project differs from eetleSted smountep the approved lntdget May be ananded only by Mplementala—easent. The de t hereby delegates to the city the evendi of the fmda provided herein to defer the cost of the work described in Article 1. Will tofor y' O fty $ became a bla t de allocated under section 2107 of thI' a and Mabnows code. In additions there Is a am of available in the city e s s�cI&l sae �c s reeV rovesommt Pand. lrw Meg* tends the projects meted hernia` and delooted to the city Will be financed. f r 9.y✓B.�^ � ivy G C y .§ "5 1! t S- r 1 -N*a'f 5 4 t es . Al qp JJJ��. /� k , . ,� _ Y. �` .� j .. - ° cS *,h ypip ♦_ k Thet pd�d 'for the project listed in Article I must net be exceed; and no moneys mW be expended by, the city rrom Special Gas Tax Street Imiprovement Fund except for the project listed in Article I without amending the budgert, by supplemental agreement. Such supplemental agreement shall be valid only when executed by the city and the department. All funds allocated under the provisions of Section 210T of the Streets and Highways Code in excess of such funds budgeted herein for expenditure will accumulate for future budgeting and expenditure. ARTICLES FINAL REPORTS The city will submit such reports as required by law In such detail as required by the department. The reports shall show in full all expenditures from all other funds as well as expenditures from the Special Gas Tax Street improvement Fund. Within ninety days after the close of the fiscal year ending June 30, 19 60 , the city shall submit on forms furnished by the department a statement of expenditures made from the Special teas Tax Street UVr ovement Fund during the preceding year for the maintenance of the streets described in Article I. Y a Aw s 'P 02� 01 mob Alt' -AMP Or 1 ;tV by ireasm 4W wW =aft d1afto ` -dam g� tu afflned, pr a - ua seas, tho city an the Md Me an da or {' ap Appro vva rscammdeda CYO or ffting-trivar, EMSIneer r r o es Cooperative Projects 01ty Clerk STATE OF CALIFORNIA Approved as to ram DEPARTKW OF SIC WOMS and procedUm DIVISION OF HIGHWAYS i 100 , o Highway Public Works a oPF ®s seer e � r z_ j7, . . s OlY!►A9lfL9�DT®P FLqU=CYO DIVISION OF HISHWAY, OWN= IV ISO Ct"sir I"FRAMcism a.r.ALJ MMIA To r.m am Sass. A@OMM March 1960 FL AW It" D am vaAs to L m Fun 140. Mr. L. K. Martin City Clerk City Bell IV-SC1-Cpo Cupertino, California Deer Mr. tin: Cupertino 'l _ s MWDMgRM 9UDGET AGFdMMW 143 H H NWM ®F AGIUMM entered into byand between the City of cupartim , hereinafter referred to as the ci , and the Department of Public Works of the State of California, hereinafter referred to as the department, WITNESSETH,, THAT, WHEREAS, in accordance with the provisions of Section 2107.5 of the Streets and Highways Code, certain sums shall be transferred to the State Highway Fund for expenditure exclusively for engineering costs and administrative expenses in respect to city streets; and WHEREAS, in accordance with-, the requirements of Section 196 of the Streets and Highways Code, the city has set up by Ord1mance No. 008 a Special Gas Tax Street Improvement Fund in which shall be deposited all amounts allocated pursuant to Sections 194 and 210'(.5 and received by the city; and WHEREAS, in accordance with the provisions of Streets and Highways Code Section 19b, no such amounts shall be expended by the city from such fund except for Iteims specified in a budget approved by the department; NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by each as hereinafter set fo-rth, the city and the department do hereby mutually agree aLs follows: - 1 - ,A budget prqposa for the. expenditure of funds to be a2,1'acat6d to the d1ty Wsuant to Sect on 2101.5 of ,. the Streets and Highs Code shall be submitted annually by the ej,` foea rovaA _by the department. Pent of these funds to the dity• by the department will be based upon such budge; proposal as shall be approved by the department. ARTICLE II. Funds so budg-,ted by the city and approved by the department shall be expenued exclusively for engineering costs and administrative expenses in respect to city streets. Such engineering costs and administrative expenses may include, but are not necessarily limited to, expenditures for the following items: Preliminary Engineering (Surveys, plans, specifications, estimates of cost, curb and gutter grade surveys) Construction Engineering Advance Planning (a Traffic Studio's b Planning Surveys to Estimating cost of correcting deficiencies (Section 2156, Streets and Highways Code) d Material., Research and Testing e Street Circulation Plans f Other - such as street ergineer;ng studies required by the Legislatunc� Miscellaneous (a) Attendance at meetings of Institute of Transportation and Traffic Engineering (Chapter 78, Statutes of l949Y (b) Pro rata ccst of surveying aTid mapping streets in :;onnection with the preparation of city mar } _., K •is ' �` 11 C� 111. WMATIM OF WORK The elty will perform the work as detailed on the approved budget unless otherwise specified thereon. _G d' .y A2C1'1CLE IV. FUNDS Funds to defray the cost of the work described in the approved budget will be paid from revenue accruing under the provisions of Section 2107.5 of the Streets and Highways Code, based upon the city" s population. Payments to the city will be reduced by any amounts remaining unexpended in the city° s Special Gas Tax Street Improvement Fund attributable to completed projects covered by these funds, ana by any amounts withheld for work to be performed by the department under the terms of the annual budget. -- 3 - x3, . ado recolved;;by the city W121 be deposited J -_. ds' Tit : reet Wrovsemeant Fund and no mone�e nft'd th of -6m except as specified In the approVedlWdget. Bkpendltures shall not exceed the amount budgeted. If addlUanal fund are available for budgeting a te1 budget may be submitted for approval. All Sands silocated under the provisions of Section 210-f.g of the Streets and Highways Code in excess of the funds budgeted for expenditure will accumulate for future budgeting and expenditure. ARTICLE V. FINAL REPORT Within sixty days after expenditure of funds budgeted or after completion of projects budgeted, the city shall submit to the department a final report. The report shall show the work accomplished in such detail as required by the department. Within sixty days after completion of any work by the department, the department will submit to the city a f1YAal report of expenditures made for such work. ARTICLE VI. This master agreement will remain in force until revoked by either the city or the department. - 4 - 77 :e F` ART1 Vn. MISCELLANEOUS PROVISIdNS- -go State officer or employee shall be 1JAble for any- thift 4bne or offitted to be done by the city In the performance of MW Work delegated to the city sander this agreement. The city shall, in the event any claim is made against any State officer or employee by reason of such work, indemnify and hold harmless such officer or employee from any damage or liability by reason of any such claim. IN WITNESS WHEREOF, the parties hereunto have affixed their signatures and gfficial sea the city on the day of 'G"� ® , 1900 , and the department on the da of , 19 b®®®® Approval recommended: CITY OF U TI O -1st-r c ee r aye Engineer' of City and city Clerk Cooperative Projects STATE OF CALIFORNIA Approved as to form DEPARTMENT OF PUBLIC WORKS and procedure: DIVISION OF HIGHWAYS By �-e- o oey, Department o Ass a e .gHw_ay Public Works Engineer ap - 5 - MORAMM`C .:. `M entered into by -ai nd hetween t ' te city o , hereinafter a to as the col",, artthe Department of 'Public . ' Wafts of the State of California, hereinafter referred to as the department, id= tir x.. r� WITNESSETH, THAT, WHEREAS, in accordance with the provisions of Section 2107.5 of the Streets and Highways Code, certain sums shall be tr&.nsferred to the State Highway Rand for expenditure exclusively for engineering costs and administrative expenses In respect to city streets; and WHEREAS, in accordance with the requirements of Section 196 of the Streets and Highways Code, the city has set up by Ordinance No. 008 a Special Gas Tax Street Improvement Fund in which shall be deposited all amounts allocated pursuant to Sections 194 and 2107.5 and received by the city; and WHEREAS, in accordance with the provisions of Streets and Highways Code Section 196, no such amounts shall be expended by the city from such fund except for items specified in a budget approved by the department; NOW, THEREFORE., in consideration of the premises and of the several promises to be faithfully performed by each as hereinafter set for}h, the city and the department do hereby mutually agree as follows: - 1 - Inactive .Pagreem mts 1959 1960 1 f4 „,< /�y�� � 9� ti Imp COOT l AO THIS AQPMWRj made said uoncluded, in quintuplet, th1S day of , 1959, between tha arry- °ounoi=of the) Ci—ty of Cupertinov�San"taa Gls,ra County, State of California, by the properly constituted officers thereof* party of the first part* and P & E CONSTRUCT ION COMPANY ontraclor* party of Me second part. VITKESSETH: That whereas* the party of the second part (as will more fully appear by reference to the minutes of the City Council of the City of Cupertino on the 16th day of UcXem.lber * 1959* has been awarded the co for the work here naf er mentioned; -ow* therefore* THESE PRESENTS WITNESSETH: Article I. Work to be Done and Documents Forming the Contract: That for and in consideration of the payments and agreements here- inafter mentioned, to be made and performed by the said party of the First part, and under the conditions axuressed in the two bonds* beariW even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his ovn proper cost and expense, to do all the word avid furnish all the materials necessary to construct and complete in a goad* workmanlike and substantial manner, under the super- vision of the City Engineer of the City of Cupertino* in accord- ance with the Plans and Specificatione therefor e.:titled Storm Sewer Outfall - Homestead QLain No 1 w ch said Plans and Specifications and documents therein contained are hereby spevially referred to and by such reference made a port of this contract. Article II. Contractor's ace tanee: And the said Contractor agrees to receive and accept the unit prices net forth^th in the proyosal accepted by the party of the first part, which prices shall be considered as though repeated herein and reference thereto is hereby made for fall particulars thereof, as full compensation for furbishing all materials for doing all the work eontemvlated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elemental or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the %ork lentil its acceptance by the City Engineer * of the City of Cupertino, and for all risks of every description connected with the z•Fork; also for all expenses incurred by or in consequence of the C-1 P�- ;t gneg;,or discontinuance of �:ork and :'^� well a fteting the woe:, and the while thereof, in the man- ner and according to the Pla.:is Specifivations and the requirements of the City Zr.Lineer. Article III. Aggentance by Part,,of he drat Part: The said party of the first pert hereby nroraises and agrees with the said Contractor to enn'oy, and does hereby employ, the said Contractor to »rovide the materials and to do the work, according to the terns anc: conditions herein contained and referred to, for the prices aforesaid, and hereby con- tracts to pay the same at ti-,e time, in the manner and upon the conditions herein set forth, and the said parties for themselves, their heirs, executors, administrators# successors and assiEns, do hereby agree to the full performance of the covenants herein contained. Article ICI. Comvletion of Contract: It is further ex- pressly agreed and understood by the parties hereto that all the work called for under this contract, in all its parts and requirements shall be eo:-mleted before the expiration of SIXTY 601 calendar days fro-- and after the date of the signing of this contract, unless the time for the cormletion thereof be extended by the said City Council. Article V. Contractor' s Records: It is further stipulated and agreed that the Contractor shall keep an accurate record, showir, tie name, place of residence, citizenship, occupation and per diet: pay of each person eieaged in the execution of the cont_=act; and ever; subcontractor under him who shall undertake the performarr.ce of any part of tl.e original con- tract shall also keen a similar record of each person engaged in the execution of sad.�. subcontract. All such records shall be available at any tine to the City Engineer or his duly authorized agents. Article VI. AssiGnment of Contract: It is further stipulated and agreed that the Contractor, party of the second hart, small under no circumstances assign this contract without the written permission of the party of the -"irst part. Article VII. Insurance: It is further agreed by and beta-Teen the parties=iereto hat the second party shall main- tain such insurance an will protect hire from claims under ?'orkmen' s Compensation as -orovi(.ed by the Labor Code, and from any other claims for damages for personal injury, including death, which may arise from operations under this contract whether such operations be b, himself or by any subcontractor or anyone directly or indirectly employed by either of them. Certificates of such insurance shall ,'fled vith the City Engineer, and shall be subject to his ap°l�- oval for adequacy of vrotection. C-2 C ON - The second paaa ty s':al also _aja ir. :lublio UWI)illty insurance, eoveri.L Injury to o:.- 4'eath of any pereon or per- sons other than employees, IM 1-,'.d1; of one Hundr;A Thou-sand Dollars ($100#000) for each p F;..-,iv:., :nd. Three H dred Thou- sqn$ Dollarn (63009000) for eaalh accident or occurrence; and -)party Damage insurance, cov .i1nr damage to any and all aperty resulting from operaa•iona under thiF contract, la limit of Fifty Thousand Dollars ($509000) . The second :. . y shall indemnify and save harmless the City of vupei'root its officers, and their employees, from any suite, claims or actions brought by any person or pe sons for or on account of any injuries or damages, susta Liea or arising- in the consi;rue- tion of the wor1t or in consectuence thereof. The City Council may retain so much of the money Cue ti-le second party as shall be reasonably necessary to prot!:ct the City until disposition has been made of such smuts or c .:ims for damages as aforesaid. Certificates, in duplicate, of such insurance shall be filed with and be subject to the approval of the City Engineer. Article VIII. Ch,7nres in the Work: Said Contractor fur- ther agrees that should said flrst party at any time during the progress of acid i-ork, request as;.y alterations, deviations, additions, or omissions from the said contract, specifications or plans, it shhall be at liber a;, do �,, so, and the same shall in no way affect or make void t _c contract, r:ut gill be added to or deducted from the amount ox said contract price, as the case may be, by D fair and re�.LSOIVI"Qle valuation. The value of any such eztr�. work or chr°:, si.ali c e determined in one or ►.lore of the follovin6 uayn: (a) By estimate and `I.cce3)ttince in a lump sum (b) By unit prices nanea in the Contruct or subsequently atrreed a .,)n (c) By cost and perce.,tii,,..c, o` �d cost and a fixed fee If none of the above methods is geed upon, the Contrac- tor, provided he receives an order as above, shall prooeed with the work. In such case, and also Case (c) , he shall keep and present in such form as the City Diaineer way direct, a eorreat account of the net cost of lallor and materials, together with vouchers. In any case, the Ci*i,y ;l,.,--ineer shall certify to the amount, including reasonable allowance for overhead and pay- ments on account of" changes. In riving instruction, the City Engineer shall have authority to ,W!.-e minor changes in the work, not involving extra cost, and not inconsistent with the pur- poses of the projeot. Except in an emergency endangering life or property, no extra work or chzui a shall be made unless in pursuance of a written order from the first party, stating that the extra work or changes are authorized, and no claim for as tX; addition to the contract atom Lp vaiJ : :.less so ordered. Article IX. Col it .s mutually a. reed between the parties hereto tIM once each: thirty (30) days after the date of this ccntrmct (Drov4ding the s�ork is nrogrees$ng satis- factorily) there will be made by the Contractor a statement of she value of the work completed and certified by the City Engi- neer. Ninety per cent (90,�) of the value so determined, less any previous payments made, will be paid to the Contractor by the City Council of the City of Cupertino. No partial payment can be construed as an acceptance by the Engineer of any part of the t!ork. No partial payment, as a rules will be made for an amount less than Two Thousand, Five Hundred Dollars U 2,500.00) . Any or ;all requests for progressive pay- ments may be withheld until such time as any or all orders given by the Engineer in compliance idth, and bar virtue of, the terms of this contract have been complied with by the Contractor. The Contractor shall notify the City Engineer when he desires a final inspection of the i:ror'.., when the latter will, with-in a reasonable time, mare the necessary examination, and if the work is found in compliance with these specJ11cations, the City- Engi- veer will recommend to the City Council that a Resolution be adopted accepting sai-ft wor'_L and authorizing Notice of Completion to be filed. A coa;f of this resolution is to be forwarded to the Contractor. Ten Der cent (10i3) of the: entire amount due under the contract for the satisfactory cc:_:Tl_tion of the vrhole work shall not be due or payable until thirty-five ( 35) days after the filing of the "."otice of Cor,rletion" of the •vror'_. done under said contract, providing no liens ."n.ave 1c een filed, exce?:ting there- from such sum or sums as ill,—% e lawfully retained unc er any pro- vision of this contract, and no na.yment made un;?er this contract except t1ne final payment shall ue conclusive evidence of the performance of this contract, either wholly or in part, against any claim of the Darty of the first part. ArticleX. Contractor's PeoDonsibility to the Public: It is stimulated and therefore understood that the Contractor shall observe all le€al relations and responsibility to tie public as follo-s: (a) La be Observed.: 7 e Contractor shall :teen himself fully infrrmed of all -xistirV state an<, national laws and ordinances aa-,' rem4 i]LAtions of City of Cupertino, which, in any manner, affect those engaged or emplcyed in the work, or the materials used in the works or C-4 t Leh in any way affect, 4 qe conduct of the works and of all such orders avid 0nirees of bodies or tribunals having any Jurisdiction.. Cr authority over the same. (b) Aligg Labor: The Contractor shall forfeit as penalty to the�CIry of Cupertino Ten Dollars (410s00) for each alien knowingly employed in the execution of the contract, by him or by any subcontractor under him on any of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or re- ouired to labor in violation of the provisions of Article 4, Chap ter 19 Part 7, Division 2 of Labor Code. (a) Hours of�Lab_o,r: The Contractor shall forfeit as alty o the City of Cupertino Ten Dollars (�510.00� for each laborer, workman, or mechanic employed in the execution of the contract by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, work- man or mechanic is required or permitted to labor more than eight (8) hours in violation of Article 39 Chapter 1, Part 7, Division 2 of Labor Code. (d) Prevailing W e: The Contractor shall forfeit as pen- alty to the City of Cun_ ertino Ten Dollars ( :'�10.00) for each laborer, workman, or mechanic employed far each calendar day or portion thereof that such laborer, work- man or mechanic is paid less than the general prevailing rate of wages hereinafter stipulated for any work done under this contract, by him or any subcontractor under him, in violation of the provisions of Article 2, Chap- ter 1, Part 7, Division 2 of Labor Code. The City Council of the City of Cupertino has ascertained the general prevailing rate of rages applicable to the work to be done to be as set out in the specifications for the work to be performed under this contract, and they are by reference made a part of this contract and shall have the same force and effect as though fully set forth herein. (e) Domestic ldaterriials: Only such unmanufactured articles and supplies as have been mined or produced in the United States, and only s'ich manufactured articles, materials, anc? surplies as have been manufactured in the United States, substantially, all from articles, materials, and supplies mined, pro diced or so manufactured, as the case may be, 4n the United States, shall be used in the performance of the contract in accordance with the pro- visions of an Act entitled "An Act to Require the Use of Naterials and Supplies Substantially Produced in the United States in Public Works and for Public Purposes" (Division 5, Chapter 4, Articles 1 and 2, Government Code) . C-5 Any person, firm or cox. oration who fails to comply with the provisions of the Act shall not be awarded any con- tract to which the Act arplies for a period of three (3) years from date of violation. (f) AlUstEnt on of Con: rectors: Before submitting bide contractors Shall be 310ensed in accordance with the provisions of Business and Professions Code, Article xF' S. Division 39 Chapter 9. Article XI. Terminatlon of ConjEact: It is further agreed and understood that if the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time speci- fied in Article IV, or any extension thereof, or fails to com- nlete said work within such time, the first party may, by writ- ten notice to the Contractor, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event, the first party may take over the work and prosecute the same to completion, by contract or otherwise$ and the Contractor and his sureties shall be liable to the first part,-; for any excess cost occasioned the first party thereby. If the Contractor' s right to proceed is so terminated, the first party may take possession of and utilize in completing the wor_ o such materials , appliances, and plant as may be on the site of the work and necessary therefor. Article XII. 3usnension of Work: It is agreed that if the Contractor, in the performance of this contract, fails to diligently prosecute, conr,lete or finish any part or portion of the work to the satisfaction of the City Engineer, in accordance with the Plans and Specifications, in a good, work-- manlike manner, the City Lngineer, by written notice to the Contractor, may suspend and discontinue the further prosecu- tion of the work until such time that the irregularities giv- ing rise to the suspension of the work have been corrected by the Contractor. The time during which wor'_c is suspended, as provided in this Article, shall be included in the computation of th-_ time within which this contract shall be completed pur- suant to Article IV hereof. Failure or refusal by the Contrac- tor to suspend tha wor'_t as DrovicIed herein shall constitute a material breach of this contract. Article XIII. residence Reouir�emen ts: It is fur- ther stipulated and agreed that no mechanic or workman shall be employed in the actual construction who is not a bona fide resident of the County of Santa Clara, provided that the -orovisions as to residence shall not arply to the following emplo e�=!s of the Contractor, to wit: one (1) Su er- inteident, one 11) Timekeeper, one (1) Foreman, and one (1) C-6 helperp &M enoh of • classifIcation of labor not available in Santa Clara Comm IN MMESS WHEREDF, said parties have oamosea 'these presents to be execute& the day and year first above vritte. CITY OF CUPERTINO By �l a, XT r or the Ulty oF UupWrt1no PARTY OF THE FIRST PART A7, O rac for PARTY OF ME SEC 0311D PAR:' ATTEST: ity Mef, of tre My of Cupertino Fcr m of Contract Approved: City orney of the ty of Cuner ti no C--7 T� � �95 m ri 9 CONT—RACT CITY OF CUPERTI140 SAATfA CLARA COMITY, CALIFORNIA THIS AGRESMUff, made end concluded this 2,®d day of October, 1959 by and between the CITY OF CUPEERTIM, hereinafter referred to as FIRST PARTY, and BOND & ANDEMN, INC. , Contractor, hereinafter referred to as SECOND PARTY: INNESSETH: ARTICLE I: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said FIRST PARTY, and under the conditions expressed t in the two bonds, bearing even date with these presents, anc' hereunto annexed, said ECOND PARTY agrees with the slid FIRST PARTY, it his own proper cost and expense, to do all the v{urk and furnish all the materials, except such as are mentioned in the specifications to be furnished by said FIRST Pi.RTY, necessary to complete in a good work- manlike, and substantial manner, under the supervision of the City Engineer of the City of Cupertino, in accordance with the Flans therefor entitled : EXCA.VF.TE FOR AP'D CONSTRUCT 7-FOCT X 10-FOOT X 60-FCCT REINFORCED CONCRETE BOX CULVc T iITH '_'TNG'�;ALLS A!.JD APPURTE-NANCES. which said Plans are hereby specially referred to and by such reference made a p :7t hereof. Said �iork to be done as shown upon the Plans shall be completed within forty-five (45) days from date of this agreement .. ARTICLE II : And the said SECOf;D PARTY agrees to receive and accept the sum due for the work performed, at the prices set forth in the accepted proposal of the SECOND PARTY, which Prices shall be considered as though repeated herein, and reference thereto is hereby made for full particulars thereof as full compensa- tion for furnishing all materials and doing all the work contemplated and embraced in this agreements also fox all loss or damage arisinc_; out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY OF CUPERTINO Pnd for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuznce of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the City Engineer. ARTICLE III: The said FIRST PARTY hereby promises and agrees 'f with the said SECOND PARTY to employ, and does hereby employ the sa'd SECOND L"F:RTY to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices as aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said SECOND PEATY, then this instrument shall control and nothing therein shall be considered as an Gcceptance of the , said terms of said proposal eonflictin^ herewith. ARTICLE V: It is further stipulated and ecfreed that the Contractor, second party, shall under no circum- stances assign this contract without the .mitten permission of the first party. ARTICLE VI : it is further agreed by anc, bet-,een the parties hereto that the second party shall maintain such insurance as :gill protect him from claims under ;orkmen ' s Compensa- tion as provided by the Labor Code , and from any other claims for damages for personal injury, includin. death, which may arise from operations under this contract whether such operations be by himself or by any subcontractor or -nyone cirectly or indirectly employed by either of them. Certificates of such insurance shall be filed with the City Engineer, and shall be subject to his approval for adequacy of protection. The second party shall also maintain, Public Liability Insurance , covering injury to, or death of, eny person or persons other than employees, in limit of One Hundred Thousand Dollars ($100,000) for each person, and Ttiree Hundred Thousand Dollars ($300,000) for each accident or occurrence ; and Property Damage Insurance , covering damage to any and all property resulting from operations under this contract, in the limit of Fifty Thousand Dollars ($50,000) . The second party shall indemnify and save harmless the City of Cupertino, its officers, and their employees, from any suits, claims or actions brought by any person or persons for or on, account o.: any injuries or damages, sustained or arising in the construction of the work or in consequence thereof. The City Council may retain so much of the money due the second party as shall be reasonably necessary to protect the City until disposition has been made of such suits or claims for damages as aforesaid. ::ertificates in duplicate of such insurance shall be filed with and be subject to the approval of the City Engineer. -5- y ARTICLE VII: Chan es„in the :+yrk: Said Contractor further agi4es that s ou d said first party at an lr time during the }egress of said work request any alterations, dev ations, additions, or omissions from the said contract, specifications or plans# it shall be at liberty to do so, and the sane shall in (M way affect or make void the contract, but will be added to or deducted from the amount of said contract price, as the case may be, by a fair and reasonable valuation. The value of any such extra work or change shall be determined in one or more of the following ways.- (a) By estimate and acceptance in a lump sum. (b) By cost and percentaje or by cost and a fixed fee. (c ) By unit prices agreed upon. If one of the above methods is agreed upon, the Contractor, provided he receives an order as above, shall proceed with the work. In such case, and also Case (b), he shall keep and present in such form as the City Engineer may direct, a correct account of the net cost of labor and materials, together with vouchers. In any case, the City Engineer shall certify to the amount, including -I. allowance for overhead and pa;nnents on account of changes . In giving instruction, the City Engineer shall have authority to make minor changes in the work not involving extra cost, and not inconsistent with the purposes of the project. Except in an emergency endangering life or property, no extra wore or change shall be made unless in pursuance of z written order •from the first party, stating that the extra work or changes are authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. ARTICLE VIII: It is mutually agreed between the parties that upon completion of this contract there will be paid to the Contractor seventy-five (75) per cent of the amount due under the contract by the City Council of the City of Cupertino. Twenty-five (25) per cent of the entire amount of the contract shall not become due and payable for thirty-five (35) days after the completion of the work and filing of the "Notice of Completion", and no payment made under this contract except the final payment shall be conclusive evidence of the performFnce of this contract, either wholly or in part. ARTICLE IX: Termination of Contract: It is further agreed and understood that if the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in Article I, or any extension thereof, or fails to complete said work within such time, the first party may, by written notice to the Contractor, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event, the first party may take over the work and prosecute the same to comple- tion by contract or otherwise, c,id the Contractor and his sureties -6- MMOMOPM ' as shall be liable to the first party for any excess cost occasioned the first party thereby. If the Contractor's right to proceed is so terminated, the first party may take possession of and utilize in completing the work such materials, appliances and plant as may be on the site of the work and necessary therefor. ARTICLE X: Susgension of Work: It is agreed that if the Contractor, n the performance of this contract, fails to diligently prosecute, complete or finish any part or portion of the work to the satisfaction of the City Engineer, in accordance with the Plans and Specifications, in a good, workmanlike manner, the City Engineer, by written notice to the Contractor, may suspend and discontinue the further prosecution of the work until such time that the irregularities giving rise to the suspension of the work have been corrected by the Contractor. The time during which work is suspended, as provided in this article, shall be included in the computation of the time within which this contract shall be completed pursuant to Article 1 hereof. Failure or refusal by the Contractor to suspend the work as provided herein shall constitute a material breach of this contract. IN WI ;ZSS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written. CITY OF CUPERTINO 3y � Mlyo4ref the City of Cupertino FIR9 PPLTY W-) ,uL �. • ( 0 g ; I C ntr,,ctor SECGF•!D PAF.TY ATTEST City C er . o !he City of Cupertino Form of Contract Approved: City A rney o t e C y o Cupertino -7- x, CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE KNOW ALL IMEN BY THESE PRESENTS: That BOND & ANDERSON, INC. , as Principal , and IMIFS POWIT 110 O incorporated under the laws of the State of UMYLMD and authorized to execute bonds and undertakings as sole surety, are held and firmly bound unto the City of Cupertino in the sum of TWELVE THOUSAND THREE HUNDRED THIRTY SIX and 43/100 DOLLARS ($12,336. r the payment thereof well and truly to be made, said Principal and Surety binc themselves, their admiristrators, successors and assigns, .jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that : WHEREAS, the above bounden Principal is about to enter into a certain contract with tiro C _ty of Cupertino to do and perform the foliowin work, to wit , excavate for ana construct 7-foct x 10-foot x E0-foo' reinforce-. concrete OOx C ':Ivert w tt? w1n Walls and cppUrte- nances f.cr the City of Cupertino , aS req�.:ireci by the Plans ano Specifica-ions pursuant -o --he awar,, mace to said Contractor by the City Cour. ; I of the City, ct C=iPer-ir:c ✓c; G v.;rer i9 9, as �vi11 more full ppF:�r by rsfer'. r Ce -_ -, ir.'J e of caic City Council of said 'y- of s.,_c shall f._ for a p`rioc of ;t year y ,ptar .e ...l.,Szr'-,Ct i on 'y -he City, h-* s s��a__ _ i,� _ �11 f� rc_ :r:c _ _ � _- thioj�hou- -he period of 31i'tr ,. CTO ✓;i ' ir, Laic rc� � _ 7c _r:tv(:Ur!C i�crlOU shad -ir.ue until Fuc"-i time that ail aef-iciencies of construction - o , �are orr, _ ea t tifti , Gf _h= . En�ine'r' S Offic e ; y i`JGf1 'L HER GRC, if -he cCjOVc ;O'lr:U _.- Frig i c 1 S truly erf � _ .: v -r .._ h 11 Well al`iU p -arm work o:` r'a ;ec r = perf ormc-c. laic Contract chei thi obli ;�tLon sha it ce ;toi , ; Gtherwise -o remain in tuli lord and effe t . •J� i..LL ANDj S. AL_D _his cjy of �j-t'z Contra(.toy --- UIN nr ;I jrA I Suret �1 . . � ¢, torney Jr, Fact REEL 1, utr.nuau The amount of the within obligation is hereby f.-Lxeu by said City Council in the sum of TWELVE THOUSAND THREE HUNDRED THIRTY SIX ' and 43Z100 DOLLARS ($12 336.431 that sum being one hundred (100) per cent of the contract pr ce, is by said City Council deemed sufficient and adequate, and is the sum fixed by it for that purpose. j%kYOR If t e City of Cupertino ATTEST: CITY CLERK. of the City of Cupertino �Q The with in or.ci is heresy ap- roved th �''� day of ® r i9 A i I CITY ATTGa'i•.LY o rthe �it or �'uperti -9- CONTRACTOR'S BOND FOR LABOR AND MATERIAL KWW ALL MEN BY THESE PRESENTS: That BOND $ ANDERSON, INC. , Principal , and , i I fI�?tiia Ago ME n om incorporated under the laws of the State of !L0 authorized to execute bonds and undertakings as so e surety, as Surety, are held and firmly bound unto any and all materialmen, provender, or other supplies used in, upon, fo-- or about the perform- ance of the work contracted to be executed or performed unoer the contract hereinafter mentioned, and ai 'L persons , companies , or corporations renting or hiring teems , or implements, or machinery for or contributing to laic work to be done, and all persons who rA perform work or labor upon the same , and all persons who supply ^oth work and materials , and whose claim has not been paid by the Contractc company or corporation in the just and full sum of SIX THOUSAND Oi4E HUNDRED SIXTY-'ciJ"T and 22/100 DOLLARS $6,168.22 for payment thereo . we and truly to be m&je said Principal. and Surety bind themselves , their a(2ministrators , successors , and assi,,nS . jointly and severally. firmly by these presents . The ,onaiti:r_ of the fore~:oin obli,ation is such that : WHcREAS, he above ;ouncen Principal is about -,�.o en .er into cert_ in :ontra .t wlth the City of Cupertino : J co (InC perform -.h followin- work, tc -wit ; excsvate for -no 7-foot x 10-fc., x .' foot reinforced cor.crete 'r.,ox culvert with win,awalls anu appurtenar: .r--s for .he Ci--y of Cupertino , as required by -he Piano_ Scecifif wio„s rursunt to the �.w;rc mace to said Contractor by - r:e City Councii of :ire City f Cupertino on Octc„er 1959. s will e fully appear by re±erence to the minutes of said City Council of laic City of said sate ; and :.i-A91 1HcRcFr�=._, if -_;..e above bounden Principal , Contractor , Gerson, Company, or orpor�-ion , or his or any suC)contiactors fail to pay for any nat_rials , provisions, provencer , or other suppli s, or teams uses in, ucon, for or about the performance of the work contracted to be - cr:e, or for any work or labor done thereor: of ar.,, 'zinc; , or for amounts due ur.dar the Unemploymer,t Insurance Act with resF:�ect to such work or 1a ;or, that the Surety on this gone will. the same; in -_r, arr.o',nt not exceedin' the sum specif.iec, in this boric ; and , also , in as_ suit is brought upon this bond, a reasonable ,attorney' s fee wh'_ h shall be awarded by the Court to the prevaili .-. party in said suit , c-aid at,orney ' s fee to be taxed as costs in Laic suit and be inclucr�: in the judgment therein rendered. This bonc shall inure to the benefit of any and all persons , companies , and corporations entitled to file c S claims under ection 1192. 1 of the Code cf Civil Procedure , so as to give a r'i?ht of act` to them or their _. _signs ir. any suit brought upon this bond . -10- MEN And the said Suret-, for value received, hereby stipulates and agrees that no chard, extension of time, alteration or addition to the terms of the contract or to the work to be performed there- under, or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition; to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this - c? g4 day of �� 1959. (To be Signed by Principal and Surety and acknowledgement and notarial seal Principal attached . DhjjLr, qt� .' it AIiD t,'VRAn GDOM Surety IL4 r1 �y1T Attorney in ct MAK;EL .1, pEfiRl�t The amount of the within obli jation is hereby fixed :.;•y the =aic its �ouncil in the sum of SIX. THOUSAND G";E Hi1iyLF:LD SIXTY1 =r: ar.c 1 DOLLARS $6 168 22) , tau,,; -)ein 1 i _ty "�J der e .t of the ortract price, is ray- sa'a City Councildeerrer.• auegaate, ?-:c is the _um fixed by it for that purpose, :nc the Mayor of said r'i y Mo ir; it heiery authorized to a , ;trove =aic bona. ' o f l i e 1 ,_ Y 1. i _STY ::LERK of the City ;up-ertirc `he w_thin bond is here,.y appio­c-'1 this rc day or ITY �T E. oL r e City of Cupertino -11- f a . M X C O N T R A C T ' CITY OF CUPERT TNO SANTA CLARA COUNTY, CALiFORNIA THIS AGREEMENT, made and concluded this day of , by and. between the CITY OF CUPERTINO, herein- a er�to er re as, FIRST PARTY, and SIT Contractor, hereinafter referred tc as ND P : ARTICLE I: That for and in consideration of the payments and and agreements hereinafter mentioned, to be made and performed by the said FIRST PARTY, and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, said SECOND PARTY agrees with the said FIRST PARTY, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said FIRST PARTY, necessary to complete in a good workmanlike, and substantial manner, under the y supervision of the City Engineer of the City of Cupertino, in accord- ance with the Plans therefor entitled : INSTALL 135 FEET 2111 R.C.P. 410 FEET 24" R.C.P. STORM SEWER, INCLUDING ONE (11 STANDARD BRICK MANHDLE, ALONG BLANEY AVENUE, CUPERTINO, CALIFORNIA. which said Plans are hereby specially referred to and by such reference made a part hereof. Said work to be done as shown upon the Plans shall be completed within fifteen (15) days from date of this Agreement. ARTICLE II: And the said SECOND PARTY agrees to receive and accept the sum due for the work performed, at the prices set forth in the accepted proposal of the SECOND PARTY, which prices shall be considered as thcc,,gh repeated herein, and reference thereto is hereby ;Wade for full particulars thereof as full compensa- tion for furnishing all materials and doing all the work cor.' emplated and embraced in this Agreement; also, for all loss or damag arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CT Y OF CUPERTINO and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the City Engineer. ARTICLE III: The said FIRST PARTY hereby � omises and agrees with the said SECOND PARTY to employ, and does here- by employ the said SECOND PARTY to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices as aforesaid, and hereby contracts to -4- Ply same at the time, ir. the .saner, and upon the conditions aura set forth; and the said parties for themselves, their heirs, executers administrators, successors, and assigns, do hereby agree to the Nil aperfomance of the covenants herein contained. ARTICLE IV: It Is further expressly agreed by and between the parties hereto that should there be any conflict befteen the tee of this Instrment and the bid or proposal of said SECOM PARTY, then: this instrument shall control and nothing therein shall he considered as an acceptance of the said terms of said proposal conflicting herewith. 'ICLE V: It is further stipulated and agreed that the Contractor, second party, shall under no circum- stances assign this contract without the written permission of the first party. ARTICLE VI: It is further agreed by and between the parties hereto that the second party shall maintain such insurance as will protect him from claims under Workmen's Compensa- tion as provided by the Labor Code, and from any other claims for damages for personal injury, including death, which may arise from operations under t*J-pis contract whether such operations be by himself or b;® any subcontractor or anyone directly or indirectly employed by either of them. Certificates of such insurance shall be filed with the City Engineer and shall be subject to his approval for adequacy of protection. The second party shall also maintain Public Liability Insurance. covering injury to, or dean; of, any person or persons other than employees, in limit of One Hundred Thousand Dollars ($100,000.00) for each person, and Three Hundred Thousand Dollars ($300,000.00) for each accident or occurrence; and Property Damage Insurance covering damage to any and all property resulting from operations under this contract, in the limit of Fifty Thousand Dollars ($50,000.00). The second party shall indemnify and save harmless the City of Cupertino, its officers, and their employees, from any suits, claims or actions brought by any person or persons for or on account of any injuries cr damages, sustained or arising in the construction of the work or in consequence thereof. The City Council may retain so much of the money due the second party as shall be reasonably necessary to protect the City until disposition has been made of such suits or claims for damages as aforesaid. Certificates in duplicate of such insurance shall be filed with and be subject to the approval of the _'ity Engineer. ARTICLE VII: Changesin the Work: Said Contractor further agrees that should said first party at any time during the progress of said work request any alterations, deviations, additions, or omissions from the said contract, specifications or plans, it shall be at liberty to do so, and the same shah in no way affect or make void the contract, but will be added to or deducted from the amount of said contract price, as the case may be, by a fair and reasonable valuation. The value of any such extra work or change shall be determined in one or more of the following ways: -5- Y�* (a) By eimte and acceptance in a lei,: sins. (b) By cost and percentage or by cost and a fixed fee. (c) By unit prices agreed upon. If one of the above methods is agreed upon, the Contractor, f provided he receives an order as above, shall proceed with the worn. JIn such case, and also Case (b), he shall keep and present in such form as the City Engineer may direct, a correct account of the net cost of labcr and materials, together with vouchers. In any case, the City Engineer shall certify to the amount, including reasonable allowance for overhead and payments on account of changes. In giving instrt'ction, the City Engineer shall have authority to make minom changes in the work not involving extra cost, and not incon- sistent with the purposes of the project. Except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order from the first party, stating that the extra work or changes are authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. ARTICLE VII1: It is mutually agreed between the parties that upon completion of this contract there will be paid to th3 Contractor seventy-five (75) per cent of the amount due under the contract by the City Council of the City of Cupertino. Twenty-five (25) per cent of the entire amount of the contract shall not become due and payable for thirty-five (35) days after the completion of the work and filing of the "Notice of Completion", and no payment made under this contract except the final payment shall be conclusive evidence of the performance of this contract, either wholly or in part. ARTICLE IX: Termination of Contract: It is further agreed and understood that if the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in Article I, or any extension thereof, or fails to completE said work within such time, the first party may, by writtrz notice to the Contractor, terminate his right to proceed with the work or such part of the work as to yvhich there has been delay. In such event, the first party may take over the work and prosecute the same tc completion by contract or otherwise, and the Contractor and his sureties shall be liable to the first party for any excess cost occasioned the first party thereby. If the Contractor's right to proceed3s so terminated, the first party may take possession of and utilize in completing the work such materials, appliances and plant as may be on the site or the work and necessary therefor. ARTICLE X: Sus ension of Work: It is agreed that if the Con-tractor, in the performance of this contract, fails to diligently prosecute, complete or finish any part or portion of the work to the satisfaction of the City Engineer, in accordance with the Plans and Specifications, in a good, workmanlike manner, the City Engineer, by written notice to the Contractor, may suspend ®h- and discontinue the further prosecution of the work until Poch time at the irregLdarities giviny rise to the suspension of the work haw be" corrected by the Contract,)r. The time during which work is_ s s td ,, as provided in this Article,, shall inc d in the computation of the time within which thit contract shal be completed purftant to A ..U-cle I hereof. Failure or refusal by theContractor to suspeo tho work as provided herein shall constitute a material breach of this- contract. IN WITNESS NMEREDF, the parties to these presents have hereunto set their hands the year and date first above written. CITY OF CUPERTIND �l mayor e C ty o cupertrno FIRST PARTY ontractor SECC-ND PARTY ATT EST: City C erk of the City of Cupertino Form(�of Contract Approved: -7- .f Tha t s as. Principal, and wr a, into=rated tin br a ace_, t State o , and .. • autt� zed to execute bonds and undertakings as sole surety, are held and firmly bound unto the City of Cupertino in the sum of . . . . I • 10MM Dollars for the paiment thereof well and truly to be made, said Pr ncipaI and Surety bind themselves, their administrz- tors, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: .SEAS, the above bounden Principal is about to enter into a certain contract with the City of Cupertino to do and perform the following work, to wit, install 135 feet 2111 R.C.P. , 410 Feet 24" R.C.P. Storm Sewer, including one ( 1) standard brick manhole, along Blaney Avenue, Cupertino, California, as required by the Plans and Specifications pursuant -to the award made to said Contractor by the City Council of the City of Cupertino on Octebgr 5 19599, as will more fully appear by reference tote minutes of saa City Council of said City of said date; and WHEREAS, improvements shall be maintained for a period of at least one ( 1) year after acceptance of construction by the City this bond shall be in full force and effect throughout the period of maintenance as provided in said contract; the maintenance period shall continue until such time that all deficiencies of construction are corrected to the satisfaction of the City Engineer's Office: NOW, THEREFORE, if :,he above bounden Principal shall well and truly perform the work contracted to be performed under said cone --,ct, then this obligation shall be void; otherwise to remain in full force a and effect. SIGNED AND SEALED this Uth day of OCTOMM1959. Con r or T MMICAN USMANU CART Sure y 4 _e_"Attdrney iff �, amottft of the within obligation is hereby f#ed by said City Council in the sum of jandilig,mama being one hundred 100) pe r Bent of the Is bV said City CounCil deemed sufficient and adequate. and is the i r90 fixed by ft for that purposed MAYOR a t o City of UG'Pertino ATTEST: J fir CI Y CL �the y of Cupertino The within bond is hereby approved this �� day of 1959.. CITY AT EY of t e City o tino -9- (MIS BG3MD PCR M Imo,T KNOW ALL MEN BY THESE PRESENTS: That , d Principal., and ..�Miff AMMI incorporated under the laws of the State of authorized to execute bands and undertakings assssole suretyy, as Surety, are held and firmly bound unto any and all materialmen, provender, or other supplies used in, upon, for or about the perform- ance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements, or maciainery for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by the Contractor, company or corporation in the just and full sum of TFM T 'i "]way ee<r o a a • • • • - - :2VJL00 Dollars (200,98422 _„) for payment thereof, well and truly to be made said rincipa and Surety bind themselves, their administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: WHEREAS, the above bounden Principal is about to enter into a certain contract with the City of Cupertino to do and perform the following work, to wit; install 135 feet 21,' R.C.P. , 410 feet 24" R.C.P. storm sewer, including one (1 ) standard brick manhole, along Blaney Avenue, Cupertino, California, as required by the Plans and Specifications pursuant to the award made to said Contractor by the City Council of the City of Cupertino on its b 1959, as will more fully appear by reference to the minutes of sai City Council of said City of said date; and MV, THEREFORE, if the above bounden Principal, Contractor, person, company, or corporation, or his or any subcontractors fail to pay for any materials, provisions, provender, or other supplies, - or teams used in, upon, for or about the performance of the work contracted to be done, or for Jny work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the Surety on this Bond will pay the same, in an amount not exceeding the sum specified in this bond; and also, in case suit is brought upon this bond, a reasonable attorney's fee which shall be awarded by the Court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and be included in the judgment therein rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure, so as to give a right of -10 r W t � T action to them or their assigns in any suit b4-ought upon this bond. And the said Suety, for valve received, hereby stipulates and agues that no change® extension of time, alteration or addition to the terns of the contract or to the work to be perf®rmed thereunder, or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the teams of the contract or to the work or to the specifications. IN WITNM WHERBDF, this instrument has been duly executed by the Principal and Surety this jjlkday of §110M 1959. (To be signed by - Principal and Surety and acknowledgment " PkificIpal and notarial seal attached. ) ? ure y Attathey in Factf The amount of the within obligation is hereby fixed by the said City Council in the sum of MX AM and - - ® - - - • • w - . - m 021100 Dollars 3 22 ) , that sum being fifty 55per cent of the contract price, is by said City Council deemed adequate, and is the sum fixed by it for that purpose, and the Mayor of said City Council is hereby authorized to approve said bond. "AYGR o t e City of Cupertino ATTEST CITY CLEM, of the ity o CupEz-e`. n o The within bond is hereby approved this Z--1 day of .�+•-....�� 199. MY TTT"Ey' of t e City of Cupeitino - 1]. m CITY OF CUPERTINO SANTA CL.PRA COMTY, CALIFORNIA THIS AGREBAENT, made and concluded this 6�t® h day of gaMIX2 1252 _, by and between the CITY OF CUPERTINO, hereinafter referred to as FIRST PARTY, AND =him= & JR30D_ 2&2 , Contractor, hereinafter referred to as SECOND PARTY: 4ITNESSETH: ARTICLE It That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said FIRST PARTY, AND under the conditions expressed in the two bonds, bearing even date with these presents, and here- unto annexed, said SECOND PARTY agrees with the said FIRST PARTY, ?t his own proper cost and expense, to do all the work and furnish ell the materials, except such as are mentioned in the specifications to be furnished by said FIRST PARTY, necessary to complete in a good workmanlike, and substantial manner, under the supervision of the City Engineer of the City of Cupertino, in accordance with the Flans therefor entitled: RIPROVE A 10-FOOT BY 918 FOOT PORTION OF t.'ILLER AVENTLIE, IN THE CITY OF CUPERTINO, T*1�0 AND ONE-W. LF INCHES (V: ") PLANT MIX SURFACE 011 F NINE MD ONE-HALF INCHES M") UNTREATED ROCK 13.4SE, IN ACCORDANCE ':'VITH THE APPROVED PL I NS, r which said Plans are hereby specially referred to and by such reference made a part hereof. Said work to be done as shown upon the Plans shall be completed within thirty (30) days from date of this agree- meet. ARTICLE II: and the said SECOND PARTY agrees to receive and accept the sum due for the work performed, at the prices set forth in the accepted proposal of the SECOND PARTY, which prices shall be considered as though repe,-ted herein, and reference thereto is hereby made for full particulars thereof as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement- also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY OF CUPERTINO and for all risks of every description connected with the work- also for all expenses incurred by or in °t consequence of the suspension or disccnrinuance of work, and for well and faithfully c.;,mpleting the work, end the whole thereof, in the manner and according 'Lo the Plans and Specifications, and requo :ements o: the City Engineer. ARTIME III: The sa:d FIRST PAg`f v hereby promises and agrees with the said SECOND PARTY to employe and does hereby employ the said SECS PARTY to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices as aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth- and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said SECOND PARTY, then this instrument shall control and nothing :herein shall be considered as an acceptance of the said terms of said pro- posal conflicting herewith. P RTICLE V: It is further stipulated and agreed that toe Contractor, second party, shall under no circumstances assign this contract without the written permission of the first party. P.RTICLE VI: It is further agreed by and between the parties hereto that the second party shall maintain such insurance as will protect him from claims under Jorkmen's Compensation as provided by the Labor Code, and from any other claims for damages for personal injury, including death, which may arise from operations under this contract whether such operations be by himself or by any subcontractor or anyone directly or in- directly employed by either of them. Certificates of such insurance shall be filed with the City Engineer, and shall be subject to his approval for adequacy of protection. The second party shall also maintain Public Liability Insurance, covering injury to or death of any person or persons other than employees, in limit of One Hundred Thousand Dollars ($100,000) for each person, and Three Hundred Thousand Dollars ($300,000) for each accident or occurrence- and Property Damage Insurance, covering damage to any and all property resulting from operations under this contract, in the limit of Fifty Thousand Dollars ($50,000). The second party shall indemnify and save harmless the City ® of Cupertino, its officers, and their employees, from any �! suits, claims or actions brought by any person or persons for or on account of any injuri6s or damages, sustained or arising in the construction of the work or in consequence thereof. The City Council may, stain so much of the money due the second party as shall he al.cnably necessary to protect the City until disposiV.ol has been made of such surds or claims for damages as aforesaid. Certificates in dupli- cate of "such insurance sha`1 be filed with and be subject to the epproval of the City Engineer. ARTICLE VIIs Chang es in thhe Mork: Said Contractor furtner agrees that should said first party at any time during the progress of said work request any alterations, deviations, additions, or omissions from the said contract, specifications or plans, it shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be 3d=ded to or deducted from the amount of said contract price, as the case may be, by a fair and reasonable valuation. The value of any such extra work or change shall be determined in one or more of the following ways: ( a) By estimate and acceptance in a lump sum. (b) By cost and percentage or by cost and a fixed fee. (c) By unit prices agreed upon. If one of the above methods is agreed upon, the Contractor, provided he receives an order as above, shall proceed with the work. In such case, and also Case (b) , he shall keep and present in such form as the City Engineer may direct, a correct account of the net cost of labor and materials, together with vouchers. In any case, the City Engineer shall certify to the amount, including reasonable allowance for overhead and payments on account of changes. In giving instruction, the City Engineer shall have authority to make minor changes in the work not involving extra cost, and not inconsistent with the purposes of the project. Except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of 2 written order from the first party, stating that the extra work or changes are authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. ARTICLE VIII: It is mutually agreed between the parties that upon completion of this contract there. will be paid to the Contractor seventy-five (75) per cent of the amount due under the contract b the City Council. of the City of Cupertino. Twenty-five 125) per cent of the entire amount of `.he contract shall not become due and payable for thirty-five (35) days after the completion of the work and filing of the"Notice of Completion, " and no payment made under this contract except the final payment shall be conclusive evidence of the perfor- mance of this contract, either wholly or in part. ARTICLE IX- Terml,nat rn ^f Coc-tr-4c:t- It is further f 0. :.:+ orst oGdha t i the Contractor refuses or f�its to i roses-_,-fie the wo_k, or any separable part thereof, such di:i.genc' as sA-111 insure its completion within the time specif i,-6 i %rtic le I, or any extension thereof, or fails to complete said trork within such time, the first p.-rty m`y by written notice to the Contractor terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event, the first party may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor find his suretles shall be liable to the first party for any excess cost occasioned the first party thereby. If the Contractor's right to proceed is so terminated, the first party may tale possession of and utili`a in completing the work such materials, appliances and plant as may be on the site of the work and necessary therefor. AF.TICLE A? SUM sR_ension of !orke It is agreed that if the Contractor, in -the performance of this contract, fails to diligently prosecute, complete or finish any part or portion of the work to the satisfaction of the City Enc-ineer, in accordance v!ith the P1?ns and Specifications, in a good, workmanlike spanner, the City Engineer, by t.,ritten notice to the Contx:�ctor, may suspend and discontinue the further prosecution of the cork until such time that the irregularities giving rise to the suspension: of the -work have been corrected by the Contractor. The time during which work is suspended, as provided in this ^rticler shall be included in the computation of the time r:ithin v.,hich this contract shall be completed pursuant to article 1 hereof. r-Piluae or refusal by the Contractor to .uspend the work as provided herein. shall constitute a m7-terial breach of this contract . It' ITNESS "'PIEREOF, the parties to these presents have hereunto set the-ir hands the year cnd date first -hove baritten. ;--TTY OF CtjPEnTINC iAt,yor of the City of Cupertino FIRS PARTY Contractor ^.TTEST! ::_CChu PPLTY City Clierk of-the City of Cupertino Form of Contract Approved - ��L r ty t,W ey of t o City of Cupertino PROPOSAL e FOR rHE L%7-F(ME TENT OF A PORTION OF V.ILLER AVENUE TO THE WNDRABLE CITY COIRCIL CITY OF C UPERTIM9 COUNTY OF SANTA CLARA FATE OF CALIFORNIA: Sirs: The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the plans, and read the accompanying instructions to bidders, and hereby proposes to furnish all materials and do all the _work required to complete the said work in accordance with the said plans, and special provisions for the following: IMPROVE A 10-FOOT BY 918-FOOT PORTIM4 OF MILLER AVENUE IN THE CITY OF CUPERTINO, WITH TWO AND ONE-HALF INCHES (2!12") PLANT-MIXED SURFACE OVER NINE AND ONE-HA:.F INCHES (9Y2" ) UNTREATED ROCK BASE, IN ACCORDANCE KITH THE APPROVED PLANS for Vie total lump sum of TWO THOUSAND, EIGHT L02RED kj NE?X-EZ'JE &ND NO/100 DOLLARS ( $2 895a00 ) T ,e undersigned further agrees that in case of default in ex- ecuting the required contract,, with necessary bonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the CITY OF CUPERTINO. Licensed in accordance with an act providing for the regis- tration of contractors, License No. 173747 Signature of bidder ( If an individual, so state. If a fire, or copartnership, state the firm name and give the names of all individual copartners composing the firm. If a corporation, state legal name of the corporation, also Names of president, secretary, treasurer, and manager thereof. ) Cotherman & Judc'., Ir Robert Cothermani -President Fred Judd - Secretary-Treasurer 1127 San Antonio Rd. Palo A1�to,Cali£, YOrkshire 8-5190 us ness�iess Te ep one Dated June 22, L959 NOT::: Bids will be opened at the office of the City Engineer, 10321 Saratoga-Sunnyvale Road, Cupertino, California, at 2:00 p.m. on June 29, 1959. CONTRACTOR'S MiD FU _ L2M PXD V.TER1 r D KNOW ALL MM BY THESE P" SZNTS'. t' That i , as Principal, and -QUUM Cowin , incorporated under the laws of the State authorized to execute bonds and undertakings as so a sure Y. as Surety, are held and firmly bound unto any and all y. materialmen, provender, or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements, or machinery for or contributing to said work to be done, and all persons who perform worm or labor upon the same, and ell persons who supply both .ork and materials, and whose claim has not been paid by the Contractor, company or corporation in the Just and full sum of ONE TFOUSAND FOUR HUNDRED FORTY SEVEN and 59.4100 - - Dollars $ .5 or payment thereof, well and truly to be made said Principal and Surety bind themselves, their administrators, successors, ?nd a�ssirns, jointly and sever- Pily, firmly by these presents, The condition of the foregoing obligation is such that - dHEFE! S, the above bounden Principal is ebout to enter into e certain contract with the City of Cupertino to do and perform the folloiving work, to wit- IMPROVE A 10-FOOT BY 918 FOOT PORTION OF MIU ER R.VEFUE, IN THE CITY OF CUPERTINO, :.ITH T4.0 A'N;D ONE-HALF INCHES (2'.:" ) PUNT '-.*.IX SURFACE OVER NINE P.ND ONE-HALF INCHES (9%,-" ) UNTF:E.-TED ROCK BASE, IN P.000RDANCE IKITH THE PPPROVED PUNS, pursuant to the award made to seid Contractor gy the City Council of the City of Cupertino on Ju.lY , , 1959, s will more fully appear by reference tote minutes of said City Council of the City of Cupertino of sz�id date end NO I,} THEI EFORE, if the above bou:•.de Principal, Contractor, person, company, or corporation, or his or any subcontractors fail to pay for eny materials, provisions, provender, or any other supplies, or teems used in, upon, for or about the performance of the work contracted to be done, or for any v!ork or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the Surety on this Bond will pay the same, in an amount not exceeding the sum specified in this bond and, also, in case suit is brought R ' upon this bond, a reaeonablL -. :torney °s fee i+ich shall be warded by the Coo rt to the prevailing party in said suit, said attorneys fee Lo be taxes: as -osts in said suit and be included in the judgmeert therain rendered. :K This bond shall inure to the benefit of any and all persons, companies, and corporrtions entitled to file claims Lander Section 1192.1 of the Code of Civil Procedure, so as to give a right of action to theca or their assigns in eny suit brought upon this bond. And the said Surety, for v:+lue received, hereby y' stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contr-ct or to the work to be performed thereunder, or to the specifica- tions accompanying the slime shall in any wise affect its obligations on this bond, and it goes hereby naive notice of ^ny such change, extension of time, alteration or addition to the work or to the specifications. IN ' ITP''E-S HErA-;:OF, this instrument has been duly executed by the Princip=l -nd Surety this 67H day of MULY , 19 9. ` (To be Signed by ArJ-X4 Pr ncivl rnd Surety rincip:?1 �. and �;c k n o4,,.I e c;a e me n t :� i ad laf �COMMand notar.i.al seal attached) - ............ .. A 4 4 tt ne Fe By --,t orney in Fact The amount of the vithin obli 2tion is hereby fixed by the said City Council in the sum of ONE THOUSAND Fg.,L D OR S d 0 00 - Dollars( $1447.50 ) that sum being fifty 50 per cent of the contract price, is by s=id City Council deemed adequate, and is the sum fixed by it for that purpose, end the K'ayor of said City Council is hereby authorized to approve said bond. tY.10yoT the City of Cupertino P^T//TEST IJ ZITV—C-MrX of the City of Cupertino The �44ithin bond is hereby approved this day , 1959. r, CITY ATTO Y o the City o Cupertino 4 f Y' L"':I uL 1 ERMRAMCE KNO" f la.. MW BY THESE F E! MINI S: That ODTFMUAAN JUD!D, INC. , as Principal, and incorporated under the laws of the State of and authorized to execute bondA and underta ngs as sole surety, are held and f irm_y be. ,J unto the City of Cupertino in the sun of TWO THOUSAND, EI(anr HUNDMD NINETY FIV ARID _ - _ - - - - - - - - - N01100 Dollars 5 ($ 2 B95.0,®0 ), for the payment thereof L.ell and truuly to be mace, s—aid Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligations is such thi:t: .-MERZAS, the above bounden Frincippl is about to enter into a certain contract -A-ith the City of Cupertino to do and perform the folloi.,ing work, to wlt, improve G 10-foot by 919 foot portion of %..fli ?;�er Avenue, in the City of Cupertino, with tv..o and one - Pf inches (2%" ) Plant t.Six Surface over nine and one-h;.Ir inches (9"") untreated Fock Base, in accordance with the approved plans, pursuant to the award made to said Contractor b. the City Council of the City of Cupertino on July 6, , 1959, ?s will more fully appear by reference to the minutes of said City Council of said City of s- id dpte rn.d HErZ'S improvements shell be maintained for a pesioo of at least one (1 ) ye,7=r after ,ccep"-nce of construction by the City, this bond shall be in full force any: effect throughout the period of maintenance as provicaed in sa d contract the maintenence period shell continue until such time that all deficiencies of construction are corrected to the sptisfaction of the City Zrgineer°s Gffice Ea: , THEREFOFE, if the above bounden &'rincipal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void otherwise to remein in full force ono effect. :SIGNED AVID 5E!LED this f 1959. A L n ractor a loft ad bow ............. .. ... B.. •:e ae 4 The amount of the :,ithia obligation is hereby fixed by said City Counc i 1 n tt.e nt TAD 'THDUSM F.TGW NREM NINE FIVE and 100 Do i 1 r rs (S 2*.�.,:00 's t at sum eing one hundre I00) per cent o • the c~�racf price, is :�y said City Council deemed sufficient end adequate and is the sum fixed by it for that purpose. AVYOR -O- f t o City of Cupertino ATTEST: Ly CITY CL Rothe City of Cupertino The within bond is hereby approved this day of 1959. CITY ATTORNEY of the City 7— Cupe�:tino FOR TUZ BOX CULVERT AT A. BLAWTf ACE AND REGMART CREW MAY ' Tim HONGMLE CnY JOUNCIL, 0 OUPERti7NO, COUNIff OF ;Y SANTA CiARA, SPATE OF CALIF MIA'.' Sirs: The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the plans, and react the accomponying instructions to bidders, and bereby proposes to furnish all materials and do all the work required to complete the said work in accordance with the said plans, and special provisions, yz for the following amount: Excavate for and construct 7-root x 10-foot x 60-foot reinforced concrete box culvert with wing-walls and appurtenances and construct necessary street improvements over said box culvert, including pavement, curb and gutter, sidewalks and necessary drainage facilities in accordance with the approved plans TOTAL 101P.F SUM $171,425.00 The undersigned further &trees that in ease of default in ex- ecuting the required contract, vrith necessary bonds, within ten (10) days, not including Sunday, after raving received notice that the con- tract is ready for signature, the croceeds of the check or bond ac- companying his bid shall become the :property of the CITY OF CUPERTINO. Licensed in accordance with an act providing for the registra- tion of contractors, License No. 91854 L.Ew ims ==cr=-6o. Signature of bidder �y Lewis P. Jones (If an individual, so state. If a firm or copartnership, state the firm name and give the names of all individual copartners composing the firm. If a sorporation, state legal name of the eorvoration, also names of president, secretary, treasurer, and manager thereof. ) Lew Jones Construction Co. Lewis P. Jones, Press Harry F. Owen, Vice Pres. Ben E. Owen, Sec. Treas. 1535 So. Tenth Street, San Jose Cy 5-5597 Business MUess Telephones DATED: April 6 1959 . NOTE: Bids will be opened ad the office of the City Engineer, 1S North San Pedro Street, San Jose 10, California, at 2:00 P.A. , on April 6, 1959. a� �►r, r t T 1 1j.�,�-. ail C>l.�k:Tt�.+.4 ) SANTA COUNTY, CAT,115M—A THIS AID T, made and c oneluded this day of by and between the CITY OF CUPERTIN09 herein- bnr referred to as S i PAX-.Y, encf, ,.,JO S C®N ?O,Cg. 4 ontractor, hereinafter ref errew to as SEMOND PATTY: 47ITNESSM: ARTIGLE I: ,hat for and in oonsi.deretion of the payinents and and agreements hereinafter mentioned, to be made and performed by the said. FIRST PARTY, si-id under the conditions exrz-essed in the t,4ro bonds, bearing even date with these presents, and he.auntio annexed , said 3ECO D PA?TY agrees erith the said FIRST PARTY, at his ova prorer cost and expense, to do all the work and furnish all the mater- lals, except such as are mentioned Jn the specifications to be furnishF by sa9d FIRST PARTY, necessary to complete in a good workmanlike, and vabstP.r,tial manner,, under -the supervision of the City Engineer of the ;:ity of Cupertino, in accordance with the Plans therefor entitled: ZXCAVATE FOR A11D CONSTRUCT 7-FOOT X 10-POUT X 60-FOOT RLIRIFORC CORiCFiETE BT4 CULVERT WIT' 1�TINGWALLS ARID APPUR1' ;Air CES AND CONSTRTTCT NECESSARY STR::±:T IKPROVWZ.Ni 3 OVER S.A.►D BOX C LVZRT, INCLUDING PAV .,:ENT, CURts Al'rD Gi-i TER, SIDFfALKS AN ;^.ECE3SAR DRAINAGE FACILITIES IN AC^ORDA.-ICE 11ITH THE APPROVED PLAPIS iihich said Plans are hereby specially referred to and by such ref erenct made a part hereof. Said work to be done as shown upon the Plans shall be completed oilthin sixty (60) days from date of this agreement. ARTICLE II: And the said SECOND P.A:'TY agrees to receive and accept the sum due for the work performed, at the prices set forth in the accepted proposal of the SECOND PARTY, wiUch prices shall be considered as though repeated herein, and reference thereto is hereby made for full particulars thereof as full compensa- U on for rur_zishing all materials and doing all the work contemplated and embraQed in this agreement; also for all loss or damn{a -,.rising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which ma - arise or be encountered in the prosecution of the work until its ac:cep anee by the CITY OF CUPERTINO and for all ris'_,a cf every do scription connected with the work; also for all expenses incurred by or in con- sequence of the suspension or discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and 3recifications, and requirements of the City Engineer. ARTICLE III: The said ?IRST PARTY hereby promises and agrees with the said SECOND PARTY to employ, and does here by employ the said SECOND PARTY to -provide the materials and to do the v;rk according to the terse and conditions herein contained and referred to, for the prices as aforesaid, and }hereby contracts to the same at the time, ,. Winne- , «n:i upon the conditions a lee set forth; and the sa;_d parties for themselves, their heirs, e outors. aftinistrators, successors , ail: assir.ns, �o hereby a€gee to the full uerforme.•ics of the cove.agut6 hurcln contained. APTICLE IV: It is further expressly a£rr3d by and beti:een the parfifes hereto that should there be any conflict e veen the terms of this instrumeat and 'the bid or proposal of said 3ECO:-,.D PARTY9 then this Instrument shall control and nothing therein shall be considered ne an acceptance of the said terms of said pro- posal conflicting herewith. 417-ICLE V: It is further stipulated and agreed that the Oon- tractor, second party, shall under no circumstances assign this contract *-ithout the vritten permission of the fi=st , p'irty,, 1 TICL VI: It is further agreed by an(? bets een the -,porties hereto that the second party shAll maintain such Insurance as will protect him from claims and er '*'oritmen' s Compensa- tion as provided by tine Labor Code, and froia a.iy other claims for damages for personal in dry , including feat _, 1­1- .ch may urise from operations under this contract rriether such operations be himself or by any subcontractor cr anyone directly or i,icArect1y ea',loyed by either of them. Ce.- tificates of such insurance shall be filed with the City '"n-ineer, an6 s tall be subject to his approval for a:Lequacy of rrotection. The second -oarty also maintain _�u�i.ic Liability Insurance, coverin- Injury to oi° '.eat.',_ of any perso:, o_ perso�:s other than em-:,)loyees, in limit of Cne :=uncsed ^housanC Dollars ( .100,000) for each rerson, and Three hundred Thousand Dollars ( 300,000) for each accident or occurrence; and PropertU ^ama a insurance, covering damage to any and all prorerty resulting from operations une_er this contract, in the li;.At of Fifty Thousand Dollars ( ,50,000) . The second party shall inde�-nify and save har:"less the City of Cupertinc, its officers, and their e..:-)loyees, from any suits, claizis or actions brow f.,ht by any person or ;persons for or on account of any injuries or c,.:;:,,4+ es , sustained or arising in the co:nstiuetion of t_-le t:or;t or in consequence thereof. The City Council rear retain so much of the fie' z,:- tec.' tn•.: c.'It. i.r.t�:'_ i i -��xr.61'U'L( n .af: a::sr. g n3� o. %-.o �u_ts or c'_a3 - a for da.lsees as afere-sai Cert fieates fir. divolie e of waeh Insur- ance shall :e filed_ with and be subject to t.^e a�,proval of the City F.ngi n e er. ARTICLE VII: Chan-des in the ''ork: 3ai:: Contractor :t?rther agrees that shoula said firs*4 -part-. at any time durin€ the progress of said work request aay alterations, deviations, additions, or omissions from the said contract, specifications or plans;, it shall be at liberty to do so, an__ the same shall in no vay a.`"'fect or make void t:ne contract, but will be added to or deducted fro;*: -:;he amount of said contract price, as the case may be, by a fair and reasonable: valuation. The value of �..ny suc::_ extra �•'C1'r or orange shall be determined in one or more of tre follo*aaS ,,a,s: -6- (a) By estimate vai acceptance !.,A a lump. stun, ' (b) By cost ant percenta€e or by cost sni, a .` fixed f (c) oy unit prices agreed upon. If one of the above met),_oc.s is agreed upon, the Contractor•, provided he receives an order as above, shall r-roceed with the, work. in such case, an`: also Case (b) , he small 'Xeep anti o_-esen4o in such for:-• &a the City Ear-ineer may direct, a correct acc.junt of the net cast of labor aad ;�aaterials, together with vouchers. In arty case, the City ynrineer shall -ertify to the amount, ineludiar reasona;:,le allorance for overhec.?: and Dayments on account o.' changes. in diving instruction, the City En,Aneer snail have auti:ority to make minor changes in the wor_: not involving e1.tra cost, ara__ not inconsistent with the purposes of tne project. Except Li aia euazervency ene.angcr- inn life or property, no extra woric or chan`,e shall be 4:ade unless in�nursuance of a L:ritten order from the first pay.°ty, stating ti.at the extra work or c.-Arq.es are authorized, and no clai:.i fo:: an addi- tion to the contpaet sum shall be valid unless so ordered. .k:'TICLZ- VIII: It is Lmtually agreed bet-ee.i the parties t:-at uT;on co. Dletion cf tr:.s contract the.•e will 73e D.�Ad to the Contractor seventy-five (75) per cent of the ar-ount tie under t-e cont-Lact by the �itr council of the City of Cupertiao. T,,ent;;-five (25) per cent of the eritil e amount cf the contract ah ll not ,ec�i_e clue a..0 paya:,le for t arty-five ( 35) days after the cou-ipletion of the i-ork and fililn , of t -.e "Notice of Com- olet:_on, " and no nayceat Y:.ac•_e un_er this con-Lrac-v except the final payment stall be c)reclusive evi6 ence of i,:,e nerformance of t:.is contract, either t­::olly or i:l part. r:T 1CL�E IX: '"Er• .Ination of Contract: It is further agreed an. unc.er:tooc, that if the Contractor refuses or fails to )rosecute V-.e urorh, or any senarable part thereof, with suc:*,. diligence as T•;ill insure itb completion within the ti.ue spec- lfl� 4a Ill^.'_P 11. Cti_ any P.:'te^.sion Ltere•of, nr fa°_is tc ^•O. l�?L9 sai.: ':or% within such time, the first oarty .-ay L)y writtel,, notice to the ^ontre.ctor termina,ve his ri ht to proceed with the t-cr±: or such part of the iorz: "s to which there has eeli delay. In such evert, the first may take over the wort: and 1:sosecute the same to completion by coatr=.ct or otherwise , and the Contractor and his sureties shall be liwble to the first party for any excess cost occasioned the first part,- thereby. If the Coatractor' s right to proceed is so terwingted, the first part,, _,ay is-e possessicr. of and utilize la eo::ipletin,1 the work such materials, appliances aad plant as ,way be on the site of the work an,. necessary t avefor. °. =1'ICLE X: Suspension of ��ork: It i n_.`reed t .at if the Contractor, in the verforiaanee of this contract, falls to diligently -oroseeute, cot_<olete or fi.aish any pa.rt or portion of t1io wore to the satisfaction of the City Engiaeer, in accordance with t:� Plans and Spec ifie£.tions, in a good., t.orkmailiue raannerj the City Eneineer, by written notice to the Contractor, may suspend -7- } and discoutlwa& the rurtdie_ ,:.ur_ec!ttioa of •:Le tror" unzal such time that the irregularities riving rise to susneusion of the work have been corrected br the C ntracici • ?LA :i.ce Miring whichork is suspended, as pro viLed in ty i= shUl be included in the computation of the ti.T --ithin tii lch ti-As contract shall be completed pursuant to Article 1 hereof. Tallure or refusal by the Contractor to susrend the vor'_r as provided herein shall constitute a material bre..cr, of M-As contract. IN `"Ica:E» :.rt.. r0 ', the parties to these nresertts have hereunto set Vneir hair s Lhe ye..r and Date first a ovc ritter.. CITY OF Ct1Pa:TIN0 i-iayo of the City of Cu-)ertino S .� t9`r �.r»C It v�1­ t�r`, ATTr'Th. : Ci t:, vlVer!P --f the Cit;,; of Cu-nertiro F ol-m of Con-i-rac t :oDrovea: City I t a n of the City of Cup®r ino -8- Band No. K 20 16 10 • $104.55 d KNOW ALL �` Hat THESE That LEW JONES CLI,STRt CTL01�9 COr , _..9 a® Principal, and n9021ITY tE 40 ANY OF NOBS �iEBYCA incornorated under the lane of the State of UMMYQL AKA _, and au,nor•- i$ed to execute bonds and undertal ings as sole sure y, are helr'- firmly bound unto the City of Cu;,ertino in the sum of SEVENTE01 THOUS FM MMRED 190 Do i J - `ei 17j425.00 ) , for the payment thereof well and truly to be made saic_ Principal and Surety bind themselves, their C_Einistra- tors, successors inr, assir-ns, jointly �� severally , fir:�l by These presents. The condition of the foregoin=:. obligation is such that: "HEFEA5, the above bounCen Principal is about to enter into a pertain contract with the City of Cupertino to do n:1 perform t1ae fol-- 101-ing irork, to wit, excavate for ?nc construct 7-foot x 10-foot x 60- foot reinforced concrete box culvert Frith vying-walls an(L appurtenances , any construct necessary street irnrovements over said box culvert, in- eluding pftvenent, curd tnd putter, side!-,alha and necessary drai:a e fnc�.lities for the City of Cu-nerti;10, as re,luired by the. Plana and .Decifications vursuant to the arard. to said Contractor by the City Council of the City of Cunertino on Aoril 6 , 1959, as t-?ill more fully appear by refevence to the minu,ces of said Cit Council of said City of said date; and ':?EPZAS, improvements shall be maintained for a period of at lent one (1) year after• acceptance of construction by the City, this bond shall be in full force a.n& effect throughout the period of maintenance as provided in saic' contract; the maintenance period_ si_1-_11 continue until such time that all deficiencies of construction are correcte,_ to the satisfaction of the City Engineer ' s Office; n`I TJ- - 0:E, if the above bounC_en Principal shell t�eli truly nerforrn the work contracted to be perrormed under se.id con'e1°act, then this obligation shall be void; otheri-Ase to remain in Pain force an , effect. SIGNED VD SEALED this _2 tj�, day of AIR . 1 , 1959• LEW JONES NSTRUCT 0 CO. BY: ` • _ Ty INSU E ANY OF NORTH AMERICA e ty 33, (W• L en) Attorney in Fac t The mount of the :�i.tr.!L c:.li ation is hereb fIxed b said 1 '1111City Council in the sum of � e ,,� . - . F Dollars (., 179425,00 ®® lt"Fat sum being one huriU 00 per cent of the contract price Is by said City Council deemed sufficient an.-. ade:;uate, aa;L is 4.r tam fixed by it for that purpose. IACOR of the City of Cupertino 1 B D ,.;— iK of t:_e City of Cu;ertino The °rit::in uo 1 ys r.eret ;; a.�pi ove t .. > ,__a.r of 1959. "11"Ir - L-:_.�J of he V its 4c ri? ,ertino MdEMIR MV.W1Gh1 S BM FOR If'.4; k" ACi MCI: KN © %' R f THE IZ MUTTS: -at LEN JONES CONS't1 TION CO._ .., Rra.nc:Lpa:L, and UMMMTY rIMBAM OMANY CY NOMM ARICA Jiic nrrorated under the lave of the State of Pennsylvaasa _ authorized to execute brands and undertakings as sole sure of.. a Surety, are held and firmly bound unto any and all mater4x&l.m(:r.; urovf;jder, o other supplies used in, upon, for or about. -the ��- an;;^ of the work contracted to :.e 3xeouted or performed under ,or_-- ir c! hereinafter mentioned, and all persone , companies, or cor--.,.�;a- tiona rending or hiring teams , or implements, or machinery for or eon'-r°buting to said work tc be done, am all persons who oerforn work or labor upon the same# and all persons who supply both trork and materials, and whose claim has not been paid by the Contractor, cnm- pany cor-poration in the just and full suit of EIGHT THOUSAND, SEVEN HUNDFUM TWELVE AND 50/100 Dollars 712.56 for payment thereof , well and truly to t e made saki PrinciDal and Surety bind themselves , their administrators, sue- c essc._s, and assigns, joit:tly ai,.3 aevera?ly, firmly by t•hsse r.re: cats. ` :e condition of the foreFolni otli:.7ation is such that: ;'KERFZ, the above bounden Principal is about to enter into a cep•}.-5.in contract .r"_ th the City of Cupertino to do and perform the follc*..,ring u­ork, to bite excavate for and construct 7-foot x 1(,-foot x GO--foot reinforced concrete boas culvert with wingvalls and appurtenance-- and construct necessary street improvements over said box culve^t, including pavement , curb and gutter, sidewalks and nec,3saary ­_r-�inage facilities for the City of Cupertino, as required )y t,.e Plans and Sneeifica.tions pursuant to the award made to said t,entraetor by the City Council of the City of Gspertino on Aeril 6 19.59, as will more fu1 y appear by reference -.o the minutes of said C i-;y :'4.ty Of said date; and _ - if t' e lbova be>u :_.en r,ri cipal, Contr:ctoi , -person, OLion, or his or any su::,contrt,c+crs fail to i a�- "nr T�1,ovi s lo-sa prover_ier, or other su-^lles , "r tea:_ ' seal _ u, .. for C,i z'.�ut the -)erformance of tl'e woI'� �G:":LlL�.:'Le= fO _:C' - , _ z'�r "1 ''' �_^_ J'_' labor done the"�?'J!'i C 1• A!1 '_:in 1 or for U, L `? :1Zluex' t � _ .c..-T mGnt '�nsur t ce :�C° , 1,'-t% I'esuect. W such worn, or labor, that `he Surety on this 3ond will pay the same, in an amount not exceeda_nE- the s•am specified in this ho_rd; and, also, in case suit is brought upon this bond, a reasonable ,.ttorney' s fee which shall be awarded by the Co:tri, to the prevail+.ng party in said suit, said attorneys fee to be taAed as costs in said suit and be included in the ,judgment therain rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1192.1, of the Code of Civil Procedure, so as to give a right of ].1- a . ae on- to them or heir ass;gne in any suit brought upon this bone_, And the said Suretys for value received, hereby stipulates and agrees that Alo changes extension of t!me, alteration or additicz, to the terms of the contract or to the work to be performed thereunlzr, or to t1w specifications accompanying the same ehall in any vl3e affect its obligations on this bond, and it sloes hereby 9aaive no'.; •.>;; of any such change, ext�-,nsion of time, alteration or addition to +th terms of the contract or to the work or to the specifications. IN 1-7ITNESS ITHEREOF, this instrument has been dull execu;.a^ ; the Principal and Surety this ZBth day of April __`J9• F (To be Signed by Lsw ions com kTICN COn _.._ Principal and Surety Princip s ne e. ;__no v-ledgmen t BY: and notarial seal attar,-,ed) INSURANCK 2F_4QRUJ,AMFJCA ret By A t ney in Fact (W Jensen) `rhe amount of the within obligati n is hereby fixed by the slid Cit,-/ {'cuncil in the sum of EIGHT_ THOUSAND, SEVEN HONORED TWELVE AND 50/100 _ Dollars ( � 8,772.50 ) � being fifty 50 per cent of the contract price, is by said City 3ouncil deemed adeauate, and is the sum fl:-ed by it for that nun •c s e, and the Hayor of said Cit. Caunci 1 is hereby authori z:.d to arnrove said bond. MAYOR oP the Cii.y oP C,- ..>er+;iro c;T77 CL�K of the City of ert The within bond is hereby approved this M&_ da � 1959 CITY AT 0 of the City of Cupertino —12— 4 v O e{x THE F,�. �= is as Agreement betweqm the Comfy of Santo Clara, State: of California,, hereinafter refer-ed to as *County6, and the City t�f Cupertino, State of California, hereinafter re- ferred to ae "City,0 relative to the performance by County and City of oertal" MInicipal functions: WHEREAS, City, under the provisions of the Government Code, Title 5, Division 1, Part 2, Chapter 2, Article 1, has duly filed proper widener with the County Controller of the County of Santa Clara, State of California, authorizing the appropriate officers of County to perform all acts ':ecessary or proper to be done for the purpose of making assessments of property for municipal taxes, the equalization and correction of such assessments , the collection, the p^yment and the enforcement of all such municipal taxes and. the redemption of property from sale or other penalties for delinquency in the ,ay;rer.t of same , etc. ; and af-2EEA' S, the City has elected and the County has agreed under the terms of that certain AEreement dated Ju.'i.y 9, 195" , that all County Officers who r erfor, =iny of tre .breve mentioned duties in relation to the assessment of taxes, etc. NO.49 TTERFC :-, it is hereby s.greed as follows : 1. That pursuant to the terms of Section 51800 the County agrees to eollec;t, through its authorized officers, the special assessments and do all things necessary as provided 1n said Section for the special assessment district f'nown as "City of Cupertino-Corte Maderhl Highlands Local Improvement ristrict. 6&w- 1 b i N w. 2® That the asvtmt of compensation to be paid for the coUestlen of such as is shall be as deteamned by the County to line with its present practices and charges in respect to sImllLar assessment collections, IN WITNESS WHERSG►pg the parties have hereto executed this Agreement, this day of �, 1939. COUNTY OF SANTA CLARA Bit 4 Chairman of the Board of Supervisors of the Counter of Santa Clara, State of California. A S 'TGI ��i►SG o Clerk of the r oa rd of Supervisors zx <sV tr 1.�• ?.. c.v:L::1 2 r�s Y. r p Clerk of the City of Cupertino t s 2 r S.. E 9 how , AaMAMMULAAA NT s' s nt, sa a entered into is of r 19599 by and betwen the CITY OF CUMMM9 a aei al ,p r�retiort of the ate o8 t�li�� ia #ter desl9n8tsd As eClr&, and M. J. YJM and OffaRM KJMq his wife, hereinafter designated as 8 ", WMEASP saic: Subdivider desires to subs$vide certain 1,nmd within sPid City of Cupertino an accordance with the m, p heretofore filed with the City Council of the City of Cupertino, m,rked and designates "Tract No. 2551, ftlnut Grove", Cupertino, Californian end SFAS, said sap shows certain drivel, ways, courts anc rores which are offpr-d for cecication for public user and WHEREAS, said subci.vider c� sires to construct cwellin s on the lots in sP is Tract No. 2551, Walnut Grove; N40, THEREFGRE, IT IS HEREBY tKtlt'lALLY AGREED by -nd beta- r n the parties hE-ri t. as follows, to witt ( 1) In ccnsicer=lion of the approval of said m-gip anc accept-, ante, on behAlf cf the public , of the drives, Dr ys, courts anc ro c.s offers-c, for cecication that the Sutwivicer will construct at his own prover cost :-nc expense within ane acjoining 5aic Tr ct No. W;- Inut Grove, improvements as follows: FIFSTt Construct City of Cupertino atancerd separatec thirty-inch (300 ) vertical Portland Cement concrete: Garbs ant gutters, and four and one- half foot ( 1 ) Portland Cement concrete side- walks, together with a Portland Cement concrete dt^#emay for each lot extencing from the back of curb, through the entire width of sidewalk as follows$ On the easterly and westerly sides of Clif®en ;�. j a Aga._ 41 Ways *ad Antelartte Drivel and On the northerly and southerly rly wises of C11fden lay and Gillick Way$ and y: On the easterly and westerly aides and all asoessttd the circumference of MICKUM CIMWI and On the northerly side of BOLLIMMM FAW1 a l l for their full lengths within the subdivision. SECIUNDs Construct City of Cupertino Standard pavement consisting of eight inches (80) compacted untreated rock base and two and one-half inches }y (23 0) hot plant-mixed bituminous %urface as follows: On CLUDE i WAY9 GILLICK WAY, ANTOINETTE DRIVE and MICHAEL COURT for their full lengths ;4nd width& between gutters within the subdivision. THIRD: Construct City of Cupertino Special Pavement consisting of ton inches ( 100 ) compacteci untreatec rocs, base anti two and one-half inches (V," ) hot plant-mixes bituminous surface as follows: Cn the northerly side of BULLINGER ROAD, northerly from the exisatin,. eo::e cf p=vemr nt of SCLUINGEE, ROAD to the lip of .. ,tter; all for its full len7,th within the subdivisicn. FGU THs Constrict City of Cupertino Statndarc m.-nholes, catch basins, storm sewers, anc •�pp,irtencnc­tss to sues nc grrtces -ss F•.ppYoved by the City Engineer = and is shown on the rpproved improvement pl ns for XFA said Trict No. 2551, Walnut Grove. ., sFIFTHs; Construct City of Cupertino Standarc guard fence t as follows&; Across the northerly end of ANTOINE'TTE DRIVE, and k acres& the easterly end of CLUDEN WAY and GILLICK WAY; 3 nd r; a w the se. ly Ilsdtt of Subdivision an the northerly side of fry the wigs of eristiD9 pevOUrnt to the 11P of geatter% Sl s Onde all lots to drain into st tse gSEVVIMProvido and install City of Cuperti9se Siandard moments# immsent box**,, "nut a through street°° sign and street name signs and poets as required by City Eagineer. EIGHTH: Provide and install City of Cupertino Standard electroliers where required by City Engineer. NINTH: Provide and install or cause to be installed water distribution system, including fire hydrants, to serve all lots within said Tract No. -4551, Walnut Grove - -the number anc location of fire hydrants to be determined by the Central Fire Protection District of County of Santo Clar- . TENTH: Provide :nc inet�ll sanitary sewer cai• system to t serve all lots within s ,id Tr°•ct No. 251-- 1, Walnut Grave. ( 2) It is further Pyreec th.t :11 of s ie improvements sh 11 be eomplatee within twelve ( 1�_) months from the c to first Bove written, provieec, however, in the computation of said twelve- month period, celeys due to or c- used by Acts of God, vi- , m=jor strikes c>r other ce1- ys beyond the control of the Subdiv:-.er, shall be excludes:. It is expressly understood and agrees that if Subdivider shall fail to complete work required by this agreement within said period of twelve ( 12) months of the date hereof, the City, after giving ten (10) days' written notice thereof to the Subdivider, may complete the same end recover the full cost no expense thereof from the Subdivider. (3) It is further agreed that P11 of said improvements shall be constructed in accordance with the final plans as approved by the City Engineer of Cupertino, and shaill be made under the inspection �; rt T wK, Ond to the satisfact ost of the City ft9ineer. It is fUrther agreed that said construction be in accovdance with existing Ordinances and 1Rmwlwtions of the City of Cupertino, and to all plans, specifica— tions, 'at adards, sizes, lines, and grades approved by the City fnglntrer end all State and County statutes applicable thereto. (d) It is further agreed that the construction work of the r< improvements embr-,ced by this agreement shall be done in accordance, with the Standard Specific,=tions of the Department of Public Works, Division of Highways, State of California, dated Auguut 195$9 nd In accordance with the Specifications of the City of Cupertino, and the Cupertino Sanitary District where applicable. = Wherever the words *State* or "Division of Highways" Are mentioned in the State Specifications, it sh:�11 be consideret s referring to the City of Cupertinos ;also, wherever the "Director" or "Director of Public Works" is mentioned, it shall be considereo Rs ref. rring to the City Enginevr. In c se of conflict between th_ St:;te Specific tions Inc the Specific tions of the City ,J Cupertinc =-nc the Cupertino Sanit sry District, the Specific- tions of the City of Cupertino nd the Cupertino S-nit- ry District. shall take prececence over anc be jsec in lieu ; f such conflictin portions. (5) It is further agreec th,t the Subcivicer shall comply with Section Two of Orca_in-nce No. 44 of the City of Cupertin, by obtain— in-, =n exc-v tion permit from the City Superintendent cif Streets before the commencement of = ny exc vation in, on, or under the surface of any existing public street, 1 -ne, <,,lley, siaewAk, or other public pl ce. It is further agreed that the Subdivicer sh-A.1 notify the Superintendent of Streets of the exact Gate and time when the proposed excavation is to commence. (6) It is further agreed that the Subc:ivider shall pay the necessary expenses for inspection, checking , etc. , incurred by City in connection with said Tract 14o. Walnut Grove. (7) It is further agreed th,A the Subdivider shB11 deposit with City, upon execution of this agreemment for office chocking of w subdivisi^r: map, field checking of street monuments. field checking . v. ka: Y S' t . :v ts, Inspection of UMMvematst and all necessary 4S* eases latumd by City in connection with the meld Tract No. 10 arm Gtoveg the sm of TMM THMan cNz HUM= SgVENTy.. YOM sue . DO ($30194.00). (8) it is ftvther sigreed that at the completion of the work and brefoxie final approval of the subdivision, th* SuMIvider shall be billed for and pay, or shell be "funded after completions of the work and final scctptance of the Subdivision by the City Council the difference between the actual cost of the necessary expenses incurred by City in connection with said Tract No. 2551, relnut Grove, and the total amount of the deposit. (9) It is further agreed that the Subdivider shall file with City, upon execution of this agreement, a band in the amount of SIXTY THOUSAND and NO/100 DOLLARS ($60,000,00) to insure for labor and materials, and a bond in the amount of SIXTY THOUSAND DOLLARS ($60,000.O0) to insure full and faithful performance of the construction of all of the aforementioned improvement work (excluding sanitary sewers and water distribution system) and also to insure reimbursement to City for any necessary expenses incurred by City in connection with checking of plans and inspection of said improve- ments. r` (10) It is further -greed that the Subdivider shall p?y to the City, upon execution of this agreement, a storm drainage fee in the ,p amount of FIVE THOUSAND FIVE HUNDRED FIFTY and NO/100 DOLLARS ($5,550.00) , as required by Resolution No. 180, in connection with t said Tract No. 2551, Walnut Grown. (11) It is further agreed that City shall pay for the dedication of the right-of-way for Regnart Creek by the Subdivider in accordance with Resolution No. 180 at the time of said dedication by the Sub- divider. (12) It is further agreed that Subdivider shall execute the required dedication to City of the right-of-way for Regnart Creek, as said right-of-way is shown on the final snap of Tract No. 2551, Walnut Grove, when said dedication is requestmd by the City Engineer . rru r. K g Mau Of it . s (13) It is ftgtbW a9wed that the Subdividev shell file aadth Cftyv axe: of this • g a bMd in the 8==t ®f "MotoMM ($t, . ) to lawn ftlJL and ft lco of that construction of a vatAw distAbuiUan s to all lots athin said Tract No. 25519 MIMA 14 it is firth" a . that the divider shall file With City, upon execution of this agrempent, a letter f = the Cupertino Sanitary Vistrict, stating that the Subdivider has entered into sepersto agreeaaumt with the said District to install sanitary sowers to serve all lots within said Tract No. 2551, Walnut Gzave. and stating that a bored to insure full and faithful performance of the construction of the sanitary sewers And to insure the general guarantee as stated below in Paragraph (15) has been filed. (15) It is further agreed that Se»bdivicer shall, upon written notice thereof, immediately repair or repl-ce, without. cost or E obligation to the City of Cupertino, and to the entire satisfaction of said City all defects and imperfections arising out of or cue to faulty workmanship and/or materials appearing in said work within period of one (1) yearafter date of final completion ano acceptance. ( 16) It is further agreed that the Subdivider shall file with the City, upon execution of this agreement, -= letter from the Central Fire Protection District of Sant,, Clara County, stating that the Subdivider hi<s entered into an agreement with En id District to install fire hydrants to serve said Tr,.=ct No. 25,51, Walnut Grove, anG stating that all necessary fees have been depositee with said District to insure Installation and five (5) year rental Yee of said hydrants. (17) it is further - greed that the Subdivider shall pay to Pacific Gas and glectric Company any and all fees required for installation of overhead wiring circuit to all electroliers within said Tract No. 2551, Walnut Grove, when Subdivider is notified by either the City Engineer or the Pacific Gas and Electric Company thst said fees awe due and payable. -6- i 18) . Itis " agmeed tut admavidw 1UN It Carry out any and all septlations ulth all Interested parties, and gv?rfoxn or cause to be perfoandq at h13 am cost -And *Xpenso. any and all work of conststien to s8160, l4u6r, telesate, ear of se a8dify the Irrigstlen line or 11net, and/or sates line or lines and appurten- ance* andler any pubic utilities existing an any portion of than lands which the IsWrovevients of the said 'tract .40. 25519 Walnut eve ate to be installed. (19) It is further agreed that any easentent and right-of-way necessary for the completion of the project shall be acquired by the Subdivider at his own cost and expence. It is provided, however, that in the event eminent domain proceedings are required by the City for the purpose of securing said easement and right-of-way, that the Owner or Subdivider shall deposit with City a suss covering the reason- able market value of the land proposed to be taken and to be included in said sum shall be - reasonable Allowance for severance damages. if any. It is further provided that in additiop tber to such suns as may be required for legal fees %nd costs, w9ineer'ing and other incidental costs in such reasonable amounts as the City may require ' shall be deposited with City. =x (20) It is further agreed that the Subdivider shall indemnify and save harmless the City of Cups-rtino, the City Council, and the {` City Engineer, and other officers or employees of City of Cupertino from any suits, claims, or actions brought by any persons for or on account of any injuries or damages to persons or property sustained or arising in the construction of the work due to any ?cts, omissions or negligence of the Subdivider, his officers, agents, employees or contractors. (21) It is further agreed that the ebove named terms and condi- tions for the said Tract No. 2551, Walnut Grove, shall bind the heirs, successors, administrators, or assigns of the Subdivider. ON sum - biot of this agZaat $ 11 not be saade Britt approval + by City CoMell of said City. IN WnWM IMMMF, said City has caused its same to be heramto affixed Its XsWr and City Clark, therstmto duly authorized by rosolution of 09 City wail® and said divider has hereunto caused his maso to be affixed the day and year first above eidtten. CITY OF CLWERTINDs By yor and Y or ,re ;.r SUBDIVIDER s T'. MOM K—ING 0 �a Y; `Q APPROVED AS TO FORM: .,.5rney INS- "'..' ;•, ,e.«. tip..,. 4, .-,. ... rc. ,._. _ a A 7 109 traft at um *Sao* in Mog z v' a WON 0- 7 a rc 4 y. insA' Uhl dust$ - .a - W saw we am y�' s W SVC am asap pit apses dOft to "U PrqMfty sb 'an ae'd s ` des" to subirso, to entaln restrictianss tuns, c an bestta itW2j Ives and the pur .0 of said prqpsrtyp as stet forth: N e P . I-aiied2we d that the property ahem► an the flap of Wfract No. and s .l be coinveyed sub j ect to restrictimes caeditiaas,"coftants, charges am ;wreements set forth in the Declaratims, to-wit: PAST A, WBMMM AREA COVERANTS A-1. LWAIIse and Build. No lot shall be used except for residential purposes. No buliding na31 be erecF.ed, alt®red, placed, or pn.: - :*Qd to remain on a' -y lot other than one detached ein>-family dwelling not t..' E.��= 6wo +aid one- half stories in height and a private garage far not more than two cars. A-2. Architbdtural Control. No building shad be erected, placed, or altered as any lot the corstru iaan plans and apecificatims and a plan showing the locatim of the structure have been approved by the architectural control committee as to quality of workmanship and araiterials, harmony of extern design grade elevation. h existing structures, and as to location with respect to topesand No fence or wall shall be erecteds placed or altered an any 1 �re to shall be street than the minimom building setbacks line unless similarly approved. as provided in Part B, A-3. Dusilin Cost. Quality and Sime. No dwelling shell be permitted an any lot at a cost of less than based up® cost levels prevailing m the date these covenants are rec s the intention and purpose of the COVenaut to assure that call edwel.linmgB shall be of a qualityof workmanship and materials substantially an the dates these covenants are recorded the same or better than that which can be produced at the minimm cast stated herein for the minimam permitted duelling size. The grew floor area of the main structure, exeluslve of one-story open pores and garagess, shall be not less than `- squarefeet for a one-story dwelling, nor lase than square feet fora at more than me story. A-4. EMOM Low, No building shall be located an any loot nearer to the front line or nearer to the side street ling than the minimum building setback lines shown m the rs pl&t. In any event no building hall be located an UW lot nearer WAn HU feet to the front lot line, or nearer to any aside, street o building sW1 be located nearer than to an lot line, ' No dawhi>g a�M be loea &GW Cn Moony interior lot nOwOr thm 20 feet to rear at liaae„ Fes the purpoass of this cavenaants eaves, steps, par&es shall not be ceasiderad as a part of a bps provideds howeverg tbat th" shall not be cMgtjUW to pelt any portion at a3 bUUdngj, on a lot to aneroacb upon sue UkOr lot. A-5,, -No dvalUng shall be erected or placed ®n any lob bzvftg a jj3W-U7fiW7V55— 'MU feet at the mininn buildingsetback line nor Ony dwMAng be w N red on cony lat hKWiUg an NO& of leas t feast* Mcg9t tbst a dmgUft may be erected or placed an lots as show act tba I plate x t `` < `� ..,�.xt R ,_;t,,u •;-r- Pik�'+•,`, "rs' .rx ..sx n I . tr for 6 s a� �S' 'ICI 0 198 as reumved 4w shown on the recorded pM aid car ths rem No nom1m or offewdve actIvIty shall be amlod on 1fto ni AVOW& be my be or may an arno ace mom., go to ,„ . No aftuftwe of a e t ., 1 -many or A4. No of arty d# to ths �► wW a ad not are than an fad, me P of net Y_ than lire eqms feet advertle1W the prqperW for ado or rent, or signs used bF a bunder't►o advertise the property doring the canstruction, and soles A-10. Li and �'SSMX. No , ig cok, or pou2'try of any kind r ® s 1'a� ns� Oball be raise' or kept an any lot, except that dMa, cats or other household pate may be Impt provided that they are not Impt, bred, or for arq rcial purpose. A-11. Garb ® and Refuse 21gosal. No lot shall, be used or maintained as a duMing cr rubbish. rash, garbage or other shall not be kept except in sanitary containers, All incinerators or abhor eqApizent for the storage or disposal of such material shall be kept in a clean and sanitary condition. A-12. 011 and Kinin_R 9erations. No oil drilling, oil development operatimsD oil refining, quarrying or miningrations of any kind shall be permitted upon or In any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be Iormitted upon or in any lot. No derrick or other structure designed for use in boring for ail or natural gas shall be erected, maintained or permitted upon any lot. 4-13. Smut Distance at Intersections. No fence, gall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways, shall be, permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet .from the intersection of the street lines, or in Nhe case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. PART B. ARCHI`1'ECrURAL CONTROL casarnE B-1. Membership. The architectural control committee is composed of A majority of the corramittee may designate a representative to act for it. In t e event of death or resignation of any member of the cammittee, the remaining members shall have full ir. desi, t, a succes^or. the r.-!,?,ers of the cchmmittee, mar its ., ,at_-c sl. .11 be :j compensation for serr.c s rerf Nar.9c.% t_, tuis At a tfn_, t..-� then record owners c'. a �f the ]_;Ls --hall have the power '•'{rc. ?, a d_+;. _ corded written : :-rument to chance the m�n')ership of the cc-. or to ri:,adraw from the coi Ittea or restore to it any of its powers and d-c-a-es„ B-2. Pry, The committee's approval or disapproval as required in these covenants shall be in writing. In the event the canittee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to A, or is any event, if no suit to enjoin the construction has been cmmced prior to the completion hereof, approval will not be required and the related cmmants shall be deemed to have been Bally coolied with. ,K w x f AU cc the xib�v and 6"Mmts dhau 82 JISM211111Mom ,SWft and an made fowl ! fC ` -..rmatoo f ar IftSO dumb tosuds'lowdsw4 - be b am Mai Gr � fir,' or In at =V ttm by or SO CC tip n=bw of Iota camplal t opiantal in this do VS of sevidmeed by an taltstaftt in vrltftg szaaaW by the mW amers In Us somr provided by 2m es of , wd In �tim of tin Re for de sf and up= such recardstlAm aW3 be valid sand bUding upcn the Boners and ­...Q*W9 of the wdd 149 in said tray =4 upon all 4har pe raoe. .. Cam. &for . if 40 parUez hueto, or their successors 91IM or to v1ola of the covenents basin befog 1 one dur2n my of the extAnded periods for which they are crc it shell bm for any person owing any real property subject tbsmto,, to prosecute any proceedings at iaw --mr in equity against the person or persons violating or attempting to violate aey such cotenants, or either to prevent him or them frca so doing or to recover donges or other doss for such violation® Ca3. Subordination. It is further provided that a breach of any of the conditions contained bream or of any re-entry by reason of such breach, shall not defeat or vender invalid the lien of any Mortgage or Deed of Trust made in good faith and for value as to said premises or any part thereof; but sa"d canditime shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, Trustees sale or otherwise. C44. Severaibilit . Invalidation of any one or more of these covenants by judgment or cow r shall in no wise affect any of the other provisians vhich shall remain in full force and effect. IN WITDi W WHMCIF, the undersigned have hereunto sot thOir hand ®and seal the day and year first hereinabove written. .. 1 S STATE OF CALIFORNIA, Si. n%A Clan► 0, __ o D8clf�b®1" f _.._._in the year not thousand nine kundvtd a••d t f'$V—�3 me, Y LLe S��Zi��`tlDi�l� — ---- — a Notary Public in and for the County of—_+e ._. State of California,duly commissioned owdsmorn,yew—ilyapf ..d_H.-..__ -and- rt4uda King_ known to me to be the pevsonALwhose name-l1 n�+scribed to the within instrnnnaeoW and acksmWedged to me thatjLjWjLcrecuted the WW. IN WITNESS WHEREOF I have hereunto set my band and affixed my officim; semi the Cowuy of to C .... day day ad year in tisu certificate twit about wsittem AiOW7 P wic in t:ad for Ow_ -_ Cry of— nyas my cmmiwim ExPivu- �. +_._— of Catisoraa. i This Agreement, made and entered into this 'A. day of November w o�®, 1959, by and between THE OLIVER P. SEAU ORMATMAYMN, a partnership, hereinafter referred to as "SUBDIVIDER", and CITY OF CLOMM9 a municipal corporation of the State of California, hereinafter referred to as "CITY", tIMEAS, Subdivider is c:4veloping a subdivision in said City known as "Tract No. 2086, Idlewild Greens", for which "Off-Tract" Storm drainage must be provided; and MEREAS, City is willing to enter into a contract for construc- tion of said "Off-Tract" Storm Drainage, known as "Homestead Drain No. 1" ; and, WHEREAS, Subdivider has agreed, under Paragraph 11 of the Agreement between City and Subdivider for said Tract No. 208E, Idlewild Greens, dated September lb, 1919, to contribute funds to City for construction of said "Homystead Drain No. 111 ; now, therefore IT IS HEG,EBY IiUTU.ALLY AGEEED by and b-?tw-en the parties hereto as follows , to wit : ( 1) Subdivider pays to Citv herewith .jpon F-xccution of this 7'.Pi �i�� .� �'f�'�l agreement by Subdivider, the sum of ThOUSAND and IN"G/100 DOLLARS (� 0) ; this aforesaid amount is in addition to the storm sewer fee heretofore paid to City by Subdivider for said Tr2rt 2086 , Idlewiid Greens, in accordance with 5esolution 180. ( 2) City shall forthwith let a contract for the construction of Homesteaa Drain 91 in accordance with the Plans and Specifica- tio;is therefor, on File with the City Engineer of said City. ( 3) City shall be in complete charge of the construction of Homestead Drain #1 and shall pay the contractor and all engineer and incidental charges in connection therewith. (4) City shall take full and complete legal title to Homestead Drain #1 upon completion and acceptance of the work. -1- (5) City shall reimburse to Subdivider semi-annually begin- ning July 1, 19609 twenty percent (2€%) of the total "Off--Tract Storm Drainage Contributions" deposited by subdividers and ' developers with City, in accordance with Resolution 154, or any 3w amendments thereto, during the previous six (6) months. its no event, shall any one payment exceed $109000.00; said payment to y ,; continue semi-annually until said sum of a has been Y K reimbursed to subdivider. ' (6) Payments to Subdivider shall be due and payable semi- annually at the expiration of each six (6) months period, beginning July 1, 1960; delivery to be made within 35 days from due date. $' IN WITNESS WHEREOF, said City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by Resolution cl. the City Council, and said Subdivider has hereunto caused his name to be affixed the cay and year first above written. ' SUBDIVIDER: THE OLIVER F_C JS S LE.A U ORGP1J7_.A T IG=x by —OL IVER ROMSETU, partne, CITY L C JPERTI;:G 3 Jti . R ,t AP.PKGVED AS TO FORM,: V -2- A_v R_E_E-M—E Ni T This Agreement, made and er.terea into this day of 1959, by and between WARNEF? N, WILSON, NEVILLE WOODRUFF and PAULINE WOODRUFF, hereinafter referred to as "OWNER", STANDARD OIL COMPANY OF CA L I F0RN IA, WESTERN OPERAT IONS, INC. , a corporation, hereinafter referred to as "Standard", and CITY OF CUPERTINO, a municipal corporation of the State of California , hereinafter referred to as "CITY", W Iis G J C T WHHREAS, STANDARD is securin _ a bjilci. -� permit from =_ Y to constru_ _ a service sty ._or or. IG:;er' y le�sec A: r._�D frG 1 OMP r;_R o- the southwester!-f corr.e_ Stevens reek 3oulevarc , 1`i'-=FcAS, CILTY wi 11. Gnsidei a rovaI ,_ t _._ ._ . or. the _ .reement that S. ;.';D'ARD wi_11 cor,st_­_c _ cur: , - - I - - W-1k, pavir from r_ pxi-s' - e of o:. s de of _ arato- a-Sunnyval _ P,oaa .:o . 9) tc 1 of the _oposea gutter th _.._ p-1G. C, _,n.p_G4:e..._..t plar'.s in .c-ord:-r:ce the other as C'Gc _ C ,--.v ��. '!, s r =1_ oth r o:.C._tio'.s c.s my j< r e q u i i Ca by t: C_tV - -.._ -i o :; row, 'hcr�rCIc , HcP� y' tiJR H-_ y art l�vea,. - pazt�e� .:?ret0 a foll.ovws , to wits _-,.a .TA',DARD - Free to _or. : v to CITY for roaavir_y purposes a twenty-four -oo'_ ( 241 ) _: trip of c.roperty 1 , .^ westerly from t-_ existir , r5 ;ht-of-way _ir._ of sv_c :. arato­�a-Sunnyvale r FoE,d U-:c a fifteen foot stria of prop;�rt, lyi^ southerly from the existin- ri-ht-of-way lir-.e of St- := :s Creek =oulev, ro fcr the er:tire len-th of Said leaseo prope.rty ana 0"ATI- R aria STANDARD agree to execute said area when presented to them for s -pnature . (2) It is further acre,?d that STANDARD shall construct stanaard curb, gutter, commercial siaewa_lk, and shall construct City Special Street Section consisting of eight inches (811) of -1- r , Y 4 untreated t _ a rock and four inches (4") of plant-mixed surface for the entire area between the edge of existing pavement on the i westerly side of Saratoga-Sunnyvale Road and the lip of the proposed gutter and for the entire area between the existing pavement on the southerly side of Stevens Creek Boulevard and the lip of the proposed cutter, all for the entire length of OWNER'S property, as specified on the approved improvement plans, said improvements to be completed within twelve ( 12) months from the da*.e fir3' above mentioned. The said improvements shall be constructed in accorcance with the standarc specifications of Sai,: C'L-..- , and shall be constructed j-,der the inspection and to _he sat_ _ :act _on of the City Engineer_ of said CITY. is further agreed that :;TAll�DARD sha11 further cors'r,.:c� r.c other ;m rovements , S sr:own on the approved improve- :fora: sewer f -- hies, arc City 0. Cuper'_._O .. " . .. .rUl _L�. , 0rc^r.ce /'r� ...h the 5t�1.,aI Spef�f - c 0� _ . i C `? = _. �f C �� .. yr t7c C,1+`y' Ji f ePI. _ s f r alreeu that .,Y.".LA F,L Sh.�7 f 4 1 GOnd f_- -�'•� =m0'J,'. _ Of F' ve . h o u _ve }�u`;C reC 0 laI'5 u t0 ii'.SUT fu11 ar:C7 `_thf'I� erfOr':. of therJ-:StrUetlO.'. 0 Of the remer.tlCr,v _mpro' -Tie'-.t wc)r� , _nc ro( G _r: the Five Five Dollars _ , :ice✓. i trJ _..S?jZ =Cr it -:nd mate__ _s for Aol'- ( Tt is fu r - reed th; _ C'tyP:ER and/orDARD sh�l : p=y any ,..c n-11 fees req,.iirec fjy t�:e - �cific Crs �1_ectrir Company _ 0r 1nSta1latiUn ar.0 t2sti!: of under'_�rouric wirin'7 ci.rCJ�t tO Fll electroliers ::.-s shown or, saic pprovec i.mprovemant plans , whey, CWr:E=_ ano/o.- CTf-j DARD are notifico by either the City En-i-:_er or the FaCific Jas and Electric Company that said -ees are due �r.c payable . ( E) It is further agreed that STA?vDARD shall have deposited with CITY, prior to execuLion of this agreement , for office che6king of improvements and all ,ne-pessary expenses incurred by CITY in connection with said improvements the sum of T'AVO HUNDRED _SEVENTY- FIVE DOLLARS ($275.00) . -2- w Prowlin for this Bond is $19.25 FAITEFM PERFORMANCE AND COMPLETION IMPROVEMEW BOND KNOUT ALL MW BY THESE PRESENTS: <' That we, S7aAMM OIL COMPANY OF CALIF MIA, WEST°EW OPERATIONS, INC., a corporation, Principal, and GEffEM INSEM&NCE COMPANY OF MCA , as f,'urety are held and firmly bound unto the City of Cupertino, State of W:Lifornia, in the sum of Five Thousand Five Hundred and no/100 Dollars ($$5500.00) lawful money cf the United States, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, suc- cessors, and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that: WHEREAS, said Principal will perform all necessary improvements relative to street paving, installation of curbs, gutters and sidewalks and any and all other improvements located at the southwesterly corner of Saratoga-Senn;vale Road and Stevens Creek Boulevard, as well as any and all other improvements as shown on and in accordance with the approved Improvement Plans prepared by f'. MARK THOMAS & COMPANY, Civil Engineer, on file in the City Engineer's office; and WHEREAS, improvements shall be completed within one (1) year from the date of acceptance of this bond by the City Council; and. WHEREAS, improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City, this bond shall be in full force and effect through the period of maintenance as provided in said contract; the maintenance period shall continue until such time as all de- ficiencies of construction, are eDrrected to the satisfaction of the City Engineer's office; PJOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations as set fo:�h above, on its part to be done and performed, at the t.iue and in the manner specified therein, then this obligation shall be null and void; otherwise this bond shall remain in full- force and effect. Fn{)'JZDID, HOWE'VU , that in the event said Principai. is not granted the necessary permits and authDrizations required for the construction and riperzaticr_ �f a ser.rce station on the aforementioned _aroperty within a period of three (3) months from the date nereof, this bond shall be null and void on its face. IN WIT3i&RS WHE,F30F1 this instrument has been duly executed by the Principal and Surety this --��- ---- day of , l ' STANDARD OIL COMPANY OF CALIFORN A, WESTFW; OPERATIONS C., a corporation by _ Princi le: Contract Agent by Asst Secretary GENERAL INSURANCE COW ANY OF ICA Y' (Surety) by (To be signed b- P. W. JDWJSTON, Attorney in Met Principal and. Surety and acknowledgment and notarial seal attached. ) (7) It is further agreed that the OWNER and/or STANDARD shall hold the CITY harmless from any costs incurred by OWNER and/or STANDARD to raise, Lower, relocate, car otherwise modify any exist- ing public utilities in the existing and/or future public right-of way as said right-of-way is shown on the said approved improvement plans, provided such modification, relocation, etc . , is necessitates s by conflict with improvements installed by OWNER and STANDARD. ( £s) It is further agreed that OWNER and STANDARD, their successors and assigns shall abide by all ordinances, laws, and regulations in full force and effect at the time of the doing of the work herein provided to be done. IN WITNESS WHEREOF, said CITY has caused its name to be here- F unto affixed by its Mayor andCity Clerk, tnereunto duly authorized by resolution of the City Cou-;cil ; and s=id OWNrQ and STANDARD have hereunto caused their :..,mes to be affixed the ante and year first above written. GNv`r ;. li son .'evi le 7u00cru P.0 i.ne 'loodruff of :liforr�i<< , Ystes{ GPerations , inc . �i C �'Y OF C'.1PrRT INO Mayor r City Clerk -3- The Pcew i to for tip i s Bond Is i nc t used in Perfonsance mod. a LABOR AND KATMAL BOND (Subdivision Improve$®nt e) KNOW ALL MEN BY TEE PRESENTS: SrANDARD OIL COMPANY of Califoznia, Western O2 Lions. Inc. a CoZRoEation (hereinafter designated as "prinoipall is about to enter into a contract with the City of Cupertino, providing for the installa- t1on, construction and ereotion by Principal of certain improve- mente more particularly described in said contract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, povldirg that If said Principal, 4 or arty of' hie or its subcontractors, shall fail to pay :or any materials, provisions, provender or other supplies cr teams used In, upon, for or about the performance of the work contracted tv be done, or for any work or labor done thereon of any kind, the surety on aid bond sha-Ll pey the same to the extent hereinafter } set forth; NOW, THEREFORE, we, the Principal, and rnt4rmAnne COMPANY OF AK02k as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly anci severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnish 4ng materials, provisions, provender or other supplies used in, upon, for ca- Rbout the performance of the afore- said work contracted 'to be executed or perfcrned under the contrast hereinabwe mentioned, and all persons, companies or corporations, lending or hiring teams, implements or machinery, for or con- tributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of FIVE THOUWX FIVE FIVE HUNDRED and not100- - - - - - - - -DOLIA.RS( 5,500.00 ) THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administra- tors, successors or assigns , shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act A th respect to such work or labor, then said Surety vd11 pay the same and also td.11 pay in case suit Is brought upon this bond, such reasonable a ttorney' s fea as shall be fixed by the Court. Thls 'boad shall inure to the benefit of any anti all persons, cOmpanies, and corporations entitled to file claims under Section 1192.1 of the Clad a of Civil Procedure, s o as to give a right of action to them or their assigns in any suit brought upon this bond. .-I- R two And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addi- tion to the terms of the contract or to the w rk to be performed thereunder or the specifications accompanying the sate shall in anywise affect its obligat&uns on this bond, and it does hereby waive nat ice of any such change, extension of time, alteration or addition to the teams of the contract `or to the work or to the n, specifications. 1N WITNESS VIEREOF, this instrume t has been duly z muted by t e Principal and Surety this day of 9 STANDARD OIL OOBPANY OF CALIFRN7A v WESTERN OPERATIONS, INC. orporation by _ P i P Titles Contract went by r ncipa Title: Asat•Sers�ia + Surety H G04EFAL DSLUMCE COWANY OF AMMICA P. W. JOHNSTON, Attorney in Fact (To be signed by Principal and Surety and acknowledgment and notarial -neal attached) -2- r WGREAEyT This Agreemat, made and entered into this ,tday of ' , $9599 by and betmen the CITY OF CiPERTIW, g a Macipal corporation of the State of California, hereinafter designated as 91CT.TYe, and , hereinafter designated as 'SUBDIVIDER", IMNESSETH WHEREASg said Subdivider desires to subdivide certain land within said City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated "Tract No. 2341 , Lynton Place" , Cupertino, California; and *iEREAS, said map shows certain drives, courts and roads which are offered for dedication for public use; and WHEREAS, said subdivider desires to construct dwellings on the lots in said Tract No. 2341, Lynton Place: NOW, THEpEFO E, IT IS HEREV MUTUALLY AGREED by and between the parties hereto as follows, to wits ( 1 ) In consideration of the approval of :.aid map and accept- ance , on behalf of the public, of the drives, courts and roads offered for +edication * th,!t the Subdivider will construct it his own proper cost and expense within and adjoining said Tract No. 2341, Lynton Place. improvements as follows : FIF:ST: Construct Laity of Cupertino Standard separated thirty-inch vertical Portland Cement concrete curbs and gutters, and four and oiie-half foot (43-j' ) Portland Cement concrete sidewalks, together with a Portland Cement concrete driveway for each lot extending from the back of curb, through the antic* width of sidewalk as followsm x, (3- the easterly and westerly sides of FARALLCM DRIVE I a.4 On the northerly and southerly sides of VMCENT DRIW; and On the nw the rl y and southerly s de s and a l l around the circumference of LYNTON COURT and FATRIC CART g and On the northerly side of BOLLINGER ROAD; all for their full lengths within the subdivision. SECOND: Construct City of Cupertino Standard pavement consisting of eight inches (81) compacted untreated rock base and two and one-hplf inches (2.�" ) riot plant-mixed bituminous surface as followsa On VINC2- 47 D`IVI, FAFALLMc D:=a I':I_, LY`11ra COU :T and PATRIC CCURT for their 'full lengths and widths between gutters within the subdivision. T H I Construct City of Cupertino .special avacre- consisting] of ten inches ( 10" ) compacted untreated rock base and two ano one-half inches (2 " 1got pla-;t-mixed bi.tuminous surface at, follows: On the northerly side of BOLL T1rC I ROAD, northerly from the existing edge of pavement of �CLL1" BOA-' to the lip of gutter; all for !.ts full. length within the subdivision. FOUaTHt Construct City of Cupertino StandarG manholes, catch basins, storm sewers, and appurtenances to sizes and grades as approved by the City ingineer and as shoran on the approved improvement plans for said Tract Po. 2341, Lynton Place. FIFTHt Construct City of Cupertino Standar-d guard fence as follows: Across the north®zly end of FARALLONE DS LVE, and across the easterly end o. VINCEATT DRIVE. s`�i Across the westerly limits of Subdivision an the northerly side of BOLLIMM FLOAD from the edge of existing pAvownt to the lip of gutter. SUM Grode all lots to drain into streets. Sc - . Hs Provide and install City of Carting .Standard sommnts, eonument boxee, •net a thmugh street" sign and street nam signs as required by City Engineer. EIGHTHe Provide and install City of Cupertino Standard electroliers where recgvired by City Engineer. NIATNe Provide and install or cause to be installed :rater distribution system, including fire hydrants, to serve all lots within said Tract No, 2.341, Lynton Place - - the nurmbgr and loca- tion of fire hydrants to be determined by the Csntral Fire Pr:,tection "istrict of County of Santa Clara . Tri Ti?: Provide and install sanitary sewer;) e sy,tem to serve all lots within sai:; Tract �:o. "3A19 Lynton Place . (2) Tt is further agreed that the S>>bdivider, at the written request of the City, shall construct City of Cupertino ;special Street Section, consisting of ten inches ( lg" ) of untreated base rock and two anc one-half inches (2`'°) of hot plant-mixed bituminous surface on the northerly side of 3ollin, er . ad from t .e existing center line northerly to the existing edge of pavement , the cost of sr!►.ieh shall be approved by the City =:,;ineer and refundec to the Subdivider by the City. (3) It is further agreed that all of said .:aprovements shall be completed within twelve ( 12) months from the dater first above written, provided, however, in the computation of said twelve-month period, delays due to or caused by Acts of G� 1, viz, maJor strikes or other delays beyond the control of the Subdivider, shall be excluded. -3- r, z l " . ,� ' 4':� .?.S1dSS%h" Sii�'aviR.CC}�'- �m.ay+af Y4. .-.as::2rvr1 _...t::.._. _�..•,«u:, .;..-... ., w, it is ely understood and agreed that if Subdivider shall fall to caMleto the wort required by this agreawnt within said p*riod of twelve (12) wmths of the date horeof# the City, after givim ten (10) days' written notice therW to the SuMividort nay coWlete the same and recover the full cost and expense thoxeof frCM the Subdivider. (d) It is further agreed that all of said iaaprovementl shall be constructed in accordance with the final plans as approved by the City Engineer of Cupertino, and shall be made under the inspection and to the satisfaction of the City Engineer. It is further agreed that said construction be in accordance with existing Ordinances . and Resolutions of the City of Cupertino, and to all plans, specifica- tions, standards, sizes, lines, and grades approved by the City } Engineer and all State and County statutes applicp'ole thereto. (5) it is further agreed that the conEtrtiction worts of the improvements embraced by this aigre-:ment shall be done in accordance with the Standard Specification: of the Department of =ublic 'Aorks , Division of Hi^,hways, State of California , sated August 1954, arc in accordance with the Specifications of the City of Cupertino, arc the Cupertino Sanitary D-1st where applicable . Wherever the words ":state" or " :ivis:'_On of 1-1.19 ways" are mentioned in the State :specifications , it shall be considered as k referring to the City of Cupertino; also, wherever thc- "' rec`.or" or 'Director of Public ;#oaks" is mentioned , it s'ia .l be considere6 as referring to the City -Engineer. In case of conflict between the State specifications and the Specifications of the City of Cupertino and the Cupertino Sanitary District, the Specifications of the City of Cupertino and the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions . (6) it is further agreed that the Subdivider shall comply with Section Two of Ordinance No. 44 of the City of Cupertino by obtarina ' ing an excavation pexuit from the Cite Superintendent of Streets t{ before the c , nc*ment of any excavation in, en, or, under the surface of any existing public street, large, alley, sidewalk, or ether public place. It is further agreed that the Subdivider shall notify the Superintendent of Streets of the exact date and tip When the proposed excavation is to contende. (7) It is further agreed that the Subdivider shall pay the necessary expenses for inspection, checking, etc. , incurred by City in connection with said Tract No. 2341, Lynton Place. ( 8) It is further agreed that the Subdivider shall deposit with City, upon execution of this agreement for office checking of subdivision map, field checking of street monuments, field checking of improvements, inspection of improvements, and all necessary expenses incurred by City in connection with the said Tract No. 2341, Lynton Place , the suss of TWO THOUSAND, ONE: MIDRED SI;-aY DOLLAR. ( 9) It is further agreed that at the completion of the work and before final approval of the subdivision, the &ijbdivider shah be billed for and pay, or shall be refunded after completion of the work and final acceptance of the subdivision by the City Council the difference �t)etween the actual cost of th,, necessary expenses incurred by C.'_ty in connection with said ;.-act '°.o. 2341 , Lynton Place, and the total amount of the deposit . ( 10) It is further agreed that the .:;ubcivicer shall file with City, upon execution of this agreement , a bond in the amount Y of FIFTY FOUR THOU5'AND DOLLARS ( V_,4,300.00) to insure for labor and materials , and a bond in the amount of FIVY FOUE THCJ�AND DOL ..Ar:S E (i54,000.00) to insure full and faithful performance of the construc- tion of all of the aforementioned improvea►ent work (excluding sanitary sewers and grater distribution system) and also to insure reimbursement to City for any accessary expenses incurred by City in connection with checking of plans and inspection of said improve- ments. (11) It is further agreed that the Subdivider shall pay to the City, upon execution of this agrooment, a storm drainage fee in the &vzunt of SIX THOU , THREE HUMPM DOLLARS ($6,300.00) , as requited by Resolution No. 77, in a ection with said Tract No. 2341, Lynton Place. (12) It is further agreed that the Subdivider shall rile with City, upon execution of this agreement, a bond in the amount of SIXTEEN THOUSAND DOLLARS ($169000.00) to insure full and faithful performance of the construction of a water distribution system to serve all lots within said Tract No. 2341, Lynton Place. ( 13 ) It is further agreed that the Subdivider shall file with City, upon execution of this agreew nt, a letter from the Cupertino Sanitary District, stating that the Subdivider has entered into separate agreement with the said District to install sanitary sewers to serve all lots within said Tract No. ''341 , Lynton r'lace , and stating that a bond to 'Insure full and faithful performance of t.,e construction of the sanitary sewers and to insure the general guarantee as stated below In Paragraph (14 ) has been filed. ( 14 ) :t is further agreed that Subdivider shall , upon �rritten notice thereof, immediately repair or replace , without cost or obligation to the C!ty of Cupertino, &r,.d to the antire satisfaction of said City all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work within a period of ore ( 1 ) year after date of final completion, and acceptance. ( 1.5) it is further agreed that the :subdivider shall file witY, the City, upon execution of this agreement, a. letter from the Central Fire Protection District of Santa Clara County, stati<<g that the Subdivider has entered into an agreement with said District to install, fire hydrants to serve said Tract No. 2341, Lynton Place , and stating that, all necessary fees have been deposited with said District to insure installation and five (5!) year rental fee of said hydrants. -6 � r°y (16) It is further agreed that the Subdivider shall pay to Pacific Gass and Electric Company any and all fees "quired for installation of smxhsad wiring circuit to all electroliers within said Tract No. 2341, Lynton Place, when Subdivider is notified by either the City Engina®r or the Pacific Gas and Electric Company that said fees are date and payable. (17) It is further agreed that .;ubdivider shall carry out any and all negotiations with all interested parties, and perforce or cause to be performed, at his own cost and expense, any ,and all work of construction required to raise, lower, relocate, or other- wise modify the irrigation line or water line or lines and appur- tenances existing on any ?ortion of the lards upon which the improvements of the said .race No. 2341 , Lynton Place , are tv be Yt installed. ( 18) It is further agreec that the .-luhelvicer shag' perform or cause to be performed, at his own cost and expense , any and all work of construction required to :raise,, lower, relocate , or other- wise modify the existing c acifi c telephone anc Teleara-,hi Comr71ny conduit located in the existing ` 5- foot easement on the north sic? of zo.11in,er i:oad. ( 19 ) It is further agreed that any easement arc: right of way necessary for the completion of the project shall Le acquired by the Subdivider at his own cost and expense , It is provided, however, that ir_ the ;- ent eminent domain proceedir,-,s are required by the City for the purpose of securing said easement anc right of r/ay, that the Owner or Subdivider 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 sums as may be required for legal fees and costs, engineering and other incidental costs in such reasonable amounts are the Cilty may �e require shall be deposited with City. F g , -7- � r