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HomeMy WebLinkAboutCupertino Sanitary District - Santa Clara County - 1974 cupertin© Sanitary District �'PE CUPERTINO SANITARY DISTRICT SANTA CL.AQA COUNTY C!#OTWQBiP M/►OilAOEi3�A7N/dtCBO! t r 'r ; 60"D OF 01011avane MARK T"OMA!A 05. Inc. ci It F r^ r`'�� i J®i�a1 IL PLEd11N0 �" .,•; P/AtaRICE P. !.A BRIE.P#crt. cumne a. m^nnjHON.acc_ y," m S Q3TslIQItO�.'RBdIt®tMD t_ n s EDWAR0 J. 04ANA941AN i C31l rer/o®.ESA. 95014 i 0R.JOB. V. BROWN glOa1 3A.'J-90'�9 Poor M. RUSHTON 0010018EL QFLE1Yf0 630 H.SAN 04ATCO DOMW � P.a. Box 1E9 8" 60AT60, CA. 94401 January 29, 1974 (416) 31412-SLI23 File: CuSD 73-45 (73139) Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, California 9.5014 Attention: Travice Whitten Re: Sanitary Sewer Requirements Cupertino Memorial Park Gentlemen: Enclosed are the following for execution by the City of Cupertino: 1. Installer's Agreement (5 copies) 2. Transfer of Title (5 copies) Four (4) executed copies of each should be returnerl to this office. In addition, the following fees and/or deposits must be paid to the District: 1. Plan Checking and Inspection Deposit - S700.00 (Upon completion of the sanitary sewers, the difference between the dL-posit and the actual. costs incurred by the District shall either be refunded or bil !e'_ to the City) 2. Ordinance Connection Fees: Acreage: 5.14 Ac @ $450.00/Ac = $2,313.00 (The above acreage fees are only for that portion of the park being developed at this time. The balance of the acreage fees shall be due and payable when the park facilities are expanded) . If you have any questions regarding the above, please contact this office. Yours very truly, MARK THOMAS b CO. INC. District Manager-Engineer William E. McBee BMc:bn Encl. CUP+ERTIN® SANITARY ®!STRICT CANTA CLA`IA CCUt4TN DISTRICT S®Ano or DIRECTORS MARK THOMAS A CO.$"a. MIAURICE V. LA 801E.Pt;f. JO11114 E. CLCUINO t CURTIS 9. 0-6ARRI9004,tte. 20065 8'VCV&ftQ Cwtet OLVD. EDWARD J. MANA041API C.UP[RTInO. CA. 95014 „ - OR.JOe. IF. SROWN (4081 263-7071 env$4. RUBHTON DISTRICT Cm81M8E:. PHILIP 0. ASSAF •. 630 N. SAn NAV= OXIVU P. 0. Aon 152 BAP, MAT60. C.. S4401 rebruary 22, 1974 (415) 342.9623 File: CUSD 73-15 (73139) D�.'Dartmen t of Public `(jrks Citv of ruaertino 10300 Torre Avenue CuDert i rio, "_`a l i fora i s 9c•j11 Q 'serf I eraser : yr;ljr rc'''r f•r.; ".�'` I �'' r'� <( I � ^:.' � l / rt-11 1''J ��rn��;'..? r .j".,�✓ rjf �•,,�, r .,r:=� y/} ,'' 'tl<_' .. .�' ! ' �` .,'i .r`1 7is*r : _r f-, thn rifi,ry r;;. r; ' -r. ,' "jr 1`1P �•. I ��; •- ;ry . -(iistrail 'i y E3P•1c .i n Encl . f wswam i CIS:' OF CUPOMMj CITY OF S l'g A, C=M OF 6ANTA Cif, TIE DISTRI(, T"W" 6 CO., INC., DISTRICT EMIRS AND OFFICERS, DIRECTORS AND EMPLOYEES OF THE AFFORE WW AS ADDITI(ML INWREDS. 10300 Torre Ave- , CWertinov Calif. 95014 THl'• ' TO CERTIFY as io the existence of insurance, as of the date of execution hereof, with Harbor Insurance Company, ­ nx s,i xll below: wName of Assureu: L. J. RICH.. ET AL Address of Assured 11226 BUBB ROAD, CUPERTINO, CALIFORNIA Location of Risk- JOB: SANITARY SEWER INPR%VIENT-HILLCREST, CRESCENT AND AMELIA ROAD Kin, of insurance- BROAD FORM PROPERTY DAMAGE EXCLUDING AUTOMOBILE Policy No. 116538 period from FEBRUARY 11, 1974 to FEBRUARY 11, 1977 Lim is Bodily Injury each person $ each accident S aggregate S OCCURRENCE Property Damage each XXODtW S 100,000.00 aggregate S 100,000.00 $500.00.DEDUCTIBLE Kina of Insurance. Pol'cy No. period from to Liml,s Bodily Injury _each person S each accident S aggregate S Property Damage—each accident S aggregate S Kind of insurance Policy No_ period from to Limas: it ,s heieby understood and agreed that the certificate holder will be given ten {10i days mitten notice before any reduction of cove+age Or cance'lation of this insurance is effective. CR/SC Dated at `AN FRANCISCO, CA, this 15TH day of FEB.,1974 SMETT i CRAWFORD BY &° u eQOp No-eve Mev.4.011111 . Ittttrta ; 1p AtODtVt ML W 'E MT ENDORSEMM a 1 1. It h sWeed that the insurance afforded by this Policy applies severally as to each Assured except that the inclusion of afore than one Assured shall not operate to increase the limit of the Company's liability;and the inclusion here- under of any pert or organization as an Assured stall not affect&Yy right which such person or organization wetdd have as a elairnwa if not so included. 2 It Its fntttter agreed that CITY OF CDPMWINO, C3!rY OF SARATOGA, COUYff OF SANTA CLARA, THE DISTRICT; t ARIL TEOMAS & CO. INC., DISTRICT F;'Gr --RS AND CF-FICERS, DIRMO.RS AND EMPLOYEES OF Z AFFORE 21AMLD AS ADDITIONAL INSUREDS. ARE (additional interest) io recognised as aedetwnai Assured under the Policy but only as respects claims covered by the Policy and resulting from operations performed for TF.rtR, EUL ONLY AS RESPECTS SANITARY aTR IMtPR0VEA.t'�.1T-HILT.CR.-Sr, CMSO"z-T AND Al-ELU ROADS. (additional interest) 3 Xi'o IC yr? :Gr _ '^:?'T 1-7 DOSS ''Cr' ���LY TO FODIL'1 1 L.. .0 SinVIC:J _. �:�..—__':1, R, Get FDR TIE 1 7=, OR APP.X',.'ci C: ._ .>, P?. _.J, O?L: J, �:�?O uJ, SJW"_" J DE'SIG1:S OR (2) SILT_:.i.'Z Y, Z:-?: -10:: CR StM'ICES. (named Assured) one eifec:ive Cate -z! this Endorse-ent is Nothing hevein cor.t:+oned siatt be held to vary, after, waive or extend any of the terms, conditions, or limitations of the policy to which th,% endorsement is attached other than as above stated. This Endorsement is attached to and made part of Policy No. 116538 Issued to: L.J. KdZ ICI':, ETAL Broker. KC. V'uCLOWH C01-21Z Y Date of Issue: 1/25/74 NMEOR/INS RA�N,CMOMPANY �TwONIZ[D M[�[S[N1AttV[ I Nu 6056—COS 160.2-401 d r y O Y y ' r CUOWRTINO SANITARY DISTRICT ®ANTA CILAINA COUNTY DDsomfor aft-s"ADrfi$ail ackri DD or 010MM"no 4401C'du N4s 9 on.DuC, l�4AYMICC O. LA @ADC.PaCIL JODliwt D3. Ab�ra3 CUO O a. 04e1QCDpoft.DDse. a'. ZOO&O are""CEO"BLVD. • COWARD J. MAMok"MM DDM COSPUI M"99D�D4 DAL #OO. V.BROWN t4tD9D'ari�909t MOr DL RU®airoDv DraTusar ttnbisawL PHOUP E1 a SSOW Sao ft.am K"90 yes December 2, 1974 P.aa. vwx ts2 File: CuSD 73-15 (73139) a ^"!Q/estE>II.Dnt.�raanD 44DOD 9049-2622 t; Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Re: Sanitary Sewers - Memorial Park Gentlemen: Enclosed for your records is one fully executed copy of the Transfer of Title for the sanitary sewers constructe3 to serve the subject development. The sanitary sewers and Transfer of Title were accepted by the Board of Directors of Cupertino Sanitary District on November 20, 1974. Your responsibility for remedy of defects and maintenance of the sewer system shall expire upon the expiration of the one (1) year guarantee period as provided in your agreement with the District. Yours very truly, MARK THO!-MS & CO. INC. District 'Manager-Engineer By William E. 'dcBee BMc:bn Encl. cvpy Transfer of Title a M � ay t.� TRANSFER Of TITLE For good and sufficient consideration, the receipt of which is hereby acknovIedged, am or CMUM F � being the sole and excl.uaive owner of the sewerage system described as follows: AU of dM 061taft vat$gny ipefts OMMMeW Ann s apt sban an thn emdn Part Mp Wed Ow =wnd in i 1 M of Mw at Pegpt 43, SwU Mm Or ,v Rom. do hereby transfer and convey all its right, title, and interest in and to said sewerage systen to CUPERMTO SANITARY DISTRICT, Santa Clara Counzy, State of California. The conditions of this transfer are as follows: 1. The obligations of faithful performance and maintenance assumed by the under- signed and guaranteed by various bonds heretofore executed in be`ialf o`. 9nd filed with Cupertino Sanitary 'District, shall remain in full force and effect for the peried or periods stipulated in said bonds. 2. Except as to the matters covered by said Bonds, the acceptance of title `-yy Cupertino Sanitary District of the sewerage system hereby transferred shall constitute an assumption by said District of all responsibility or liability, dantage or claim for dama^e of any nature hereafter arising out of the operation and maintenance of said system. IN WITNESS UPERE"OF. this Transfer of Title is executed this 19th day of February 19 74 TY OFCMPPM0 (,To be signed by owners, and acknowledgement and r!otarial Seal attached) ayor, o u e! . 0 tBy y Merv.,Aeputy 1 lot ?ORtpO%%'G._...I�/�� E.C_ O.F.Tl.T�F._... ..-. +�cs Pacscar« tp�IM!®I�$ICT BOARD of o1REi`Ff)p'L(IF (VP^RTIVO S%NITARY DISTRICT 1turP�r --DAY OP&PV/ff`C'C 1°Jf'� .js%o UPOY MOTION DUA T IEGMDEO �F..-T �4. ...........was accc=strO z - ' INSTALLER'S fY AGREEMENT WITH RE I MBURSE'4ENT THIS AGREEMENT, made thisiariL:day of gory, 1974 , between the CLPERTINO SANITARY DISTRICT, Santa Clara County, California, a public corporation, duly organized and existing under Part I Division 6 of the Health and Safety Code of the State of California, hereinafter called "District", and hereinafter called "Installer"; W I T N E S S E T H- WHEREAS, Installer is the owner of that certain real property designated as Parcel I on the map marked Exhibit "A" hereto attached and by reference incoroorated herein; WHEREAS, District is the owner and operator of a certain sanitary sewerage system of which the existing main sewer shown on said Exhibit "A" is a part; WHEREAS, Installer desires to construct certain gcnttary sewer facilities to serve said Parcel I and to connect to said existing main sewer of District ,and has presented to the Sanitary Board of the District plans, profiles and specifications therefor which said plans, profiles and specifications have been approved by the District Engineer and by the Sanitary Board of the District; WHEREAS, said sanitary ,I,wer facilities to De constructed by Installer as herein provided are subject to probable future use by connectors other than. Installer; and WHEREAS, the construction of said sanitary sewer facilities will result in excess costs to Installer entitling hiro to reimbursement of a portion of the cost of said facilities all in accordance with the provisions of the Cupertino Sanitary District Operations Code; NOW, THEREFORE, IT IS AGREED, as follows: r; - x r _ p. l That In consideration of the mutual promises and conditions hereinafter declared and entered into hereby by the parties hereto, the parties do convenant and promise as follows: 1 . SEWER LINE CONSTRUCTION: Installer shall install , or cause to be installed, said sanitary sewer facilities necessary to serve said Parcel I in strict accordance with the plans, profiles and specifications approves: by District along the route or routes delineated on said Exhibit "A". 2. INSPECTION: Installer further hereby agrees to provide and assure said Dis- trict and its employees and any person or persons designated by it the right to inspect said sanitary sewer facilities and the plans, materials and work thereof at any reason- able time or times before, during or after such are installed. 3. LANDS, EASEMENTS OR RIGHTS OF WY: In the event that anv lands or easA-1--ants are required for the extension of the public sewer, the construction of any improve- •nts, or the making of connections, Installer shall , at his sole cost and expense and al- ro cost or expense to District, procure, or cause to be procured, and have accepted by the District a proper deed, ease ;nt or grant of land or right of way sufficient in law to allow the construction and maintenance of such improvements, extension or cor- rection. Instal >er further warrants That pr,:vious to tha lima: of the extension of such conveyance to District, wheth,=r by deed, eas(-m,-nt or grant of land or right of way, the Grantor has not conveyed th sa►rK? c statce or interest, or any right, title or in- terest therein, to any parson other tna;n the !district; and that such estate or interest is, at the time of tho executin- of such conveyance, free from ancumbranc�s done, or suffered by the Grantor or eny Gerson claiming under Grantor or Installer. 4. PAYkIENT BY INSTALLER: Installer further hereby agrees to pav any and all costs in connection with the construction of said sewer facilities, including, but n^,t limited to, materials, work, insoection, supervision, legal , engineering, recording and all incidental expenses therefor, and all other rates and charges established by District before acceptance thereof by District. Installer further agrees that ;district may, without further recourse to Installer, pay any of the above-fisted expenses, or make payments applying on said expenses from the deposit made pursuant to Section 6 hereof. - 2 x .." .:,.:,y ... •, �. K.-^':t' :!- ;a.. ,.x•.4v�.� .zs.,. �:;SA7"i'�`,e .�bea�:��'rsr. ist��+�"7`�r� 5. FAITHFUL PERFORMANCE BOND AND BOND FOR LABOR AND MATERIALS: Installer shall file with the District, prior to execution of this agreement by District, a faithful performpnce bond and a labor and material bond in an amount to be determined by the District to insure full and faithful performance of the terms of this agreement. Said bonds shall guarantee that the Installer remedy any defects in the sanitary sewer work which shall appear within a period of one (I ) year from the date of final acceptance of the work by the District, and pay for any damage to other work resulting from the construction of said sanitary sewers, as well as paying the cost of all labor and mater- ial involved. Thew bonds are to remain in full force for at least one (1 ) year after date of final acceptance and shall not be cancelled except upon receipt of written release by District. 6. CONNECTION FEES: Installer shall pay to District, prior tc execution of this agreement by District, all applicable acreage, front-footage and additional dw;-A l- ing unit connection fees as defined in the District's Operations Cod.. The District Engineer shall calculate and notify Installer of the amount of the connection fees app I i cab i a to the: sub ji;ct prooerty. 7. DEPOSIT: Installer hernbv aar- cs to deposit, in cash, wit'- Oistrirt, prior to execution of this agroeme-ot by M strict, a sum to b� determined by District in accordance with its current schedule of fees. Said SUM to to deposited is to be uses by District to pay for the Cistrict's costs for examinations of plans, checking of specifications, inspection and .ether similar engineering charges, together with all costs of administration, supervision, legal , recording and other incidental expenses in connection therewith. A.ny balance of said sure r.-!maining on deposit after payment of all such charms and costs shall be refunded to Installr!r. No interest shall b:: paid by Cl'=- rict on the money so refunded. If such deposit is insufficient to pav 1 ' sucn c",arges and costs, Installer hereby agrees to pay all such charges and costs in excess of the sum so deposited prior to the acceptance of Said sanitary sewer improve- ments by District. 8. COMPLIANCE WITH ORDINANCES, RULES AND REGULATIONS: Instalier shall comply with all District ordinances, rules and regulations, as now or hereafter amended. In- staller must also comply with ,aII State, County and other agrl%ncy regulations, rules and ordinances affecting, in any manner, the construction of sanitary sewer facilities, anJ shall obtain any and all necessary permits and shall pay all fees and charges r.-.' lat- ing thereto or required therefor. - 3 - btu,a TIT A 9. TRANSFER OF TITLE: Ur.on completion of the construction of said sanitary `'. sewer facilities by Installer end final approval thereof by Dis',tric. , title to said facilities shall be transfarrec and conveyed to District. in furtherance thereof, In- staIIor shaIi oxecute any and eI1 documents deemed necessary by aisrrict for trans f arr- Ing of title thereto simultaneously with the execution of this agreement but to bec effective as hereinafter provided. The documents shall thereupon be deposited with the Secretary of said District, in trust, with instructions to deliver same to District upon its approval of said sower facilities as constructed, it being The intention of the aarties hereto that such trans Tar of title shall become effective only upon the final acceptance of said sanitary sower, facilities by the Sanitary Board of District. staffer waives any and all rights or claim he may have to or for r -.y other corsidera- tion from District for said transfer of title, except as is otherz::se provided by "!+is agreement. 10. 1NDEMNIFI CAT ION: Installer shall inde:mnifv and hold the C;strict, the District Engineer, ;lark Thomas & Co. , the County of Santa Clara and .,e C i tv in wh i c~ t'+e referred to real property is situated, their officers, agents and mploy-_-e-s , free =^d harmless from any liability or claim of Iiabi ! ity for costs and e• -,:)nse incurred, directly or indirectly, cy In-,Taller in the construction of the sL er lines whi_ a^? th%: suojest of This agreement. instal er further agrees to :-eon•' is contractor tc maintain full insurance cover ge of not less than ,tandard tl-Its and to indemnif , and holy! District, the District Engineer, Clark Thomas d Co. Inc. , .-ne County cf S;3nta Clara and the City in which tie referred to r,--al property is situp -e, their offic-ors;, agents and employees, free ar- harmless from any damage or claim, darnage for ini,ry to person or p r_•perty arisinc from the activities of Instalier an,, his contractor in the performance of the terms ;,f this agreement. i i . REIMBURSEMENT OF FXCF >S COSTS: upon completion of the cc-struct i on of th( sanitary sewer facilities as erein provided, Installer shall sub- �t to District a certified, itemized statement of his excess costs as such excess costs are c;efined in the Cupertino Sanitary District Operalions Code, together with a .:nit cost :'reakdown thereof. Said excess costs so submitted shall be audited by District which shall approve for reimbursement on; - so much thereof as District, in it_ sole discretion, determines to ba just and ren-,onable. Such excess cosrs, if any, shall 5e credited in the name of InsI-aller's Reimt.irsement Account maintained by District. Installer shall be reimbursed Tor said excess costs at the time, and in the form end manner and�sub ect - 4 - Vi:!Fwwwvit', q 05, to all of the limitations on Installer's right to said reimbursemant as provided in said Operations Code. 12. SCOPE OF AGREEMENT: This writing constitutes the entire, agreement between the parties, and no modiffication or waiver of all or any part thereof shall be valid unless in writing and signed by both parties hereto. Waiver by c ther party of any breach of this agreement shall not be deemed waiver of any subsecLient breach of the same or of any other provision of this agreement. If any part of this agreement is hold to be indefinite or uncertain or unenforceable, such determir-.ation shall not invalidate any other oart of this agreement. This agreement shag , bind and inure to the benefit of the heirs, administrators, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the undersigned have executed this agree--,a-nt this 19th day of February 1 ) 74 "D I STR I CT11 CUPFPTIN0 SANITARY DISTRI'T of Santa Clare Countv, California 5V d PrdsiJent of the40&aw�c' 3f 0irectors of said Oistr*ct (SEAL) ATTEST: Secretary oT �§q/d 111ist r c Executed by Installer - February 11), 11)74 1 NSTALLE Enscute-1 and Approved by CILTY OF CMWMO DIstrict - February 21, 1974 APPROVED AS TO FORM: By City Attorney tU: Mayor, City of Cupertino By T:LtU: Deputy City Cfe'rk 5 Y is .. W a, ie k" '�Ai9�li ® ' � � .� a�.��✓�,��,a�Tye.ti 4� ..2 per 44 x-y • �J• x� I �, LEGEND .fL1�f9. 1 PARCEL I ( _ --�^— 4W- -- — Existing main sewer of Oist►ict ON Sanitary sewers to be constructed by instolier Losement to be granted to Oist►,ct Sonitory sawors to be Con•,Pucted which are SubjeCt to probobie future use ay connectors other thou instofler s � � 0 RESOLUTION NO. 3616 A RESOLUTION OF THE CITY COUNCIL OF TILE CITY OF CUPFRT'I O AMORIZENG EXECUTION OF AGR:_D1F T BETWFF:: THE CITY• OF CUPERTI210 JLND THE CUPERTI`G SA%ITAFY DISTRICT PEOVIDDNIG FOR SArITARY SEWER FACILITIES FOR �SE:OR AL PARK, MIZE I 13:f:REAS, the _tv of Cupertino desires to ccnstn:ct certain sanitary.= sever Zocilit es in the process of thp "ericrlai Part' i'C.ase I construction prog,rar.; and TZ;E".E.AS, there has been presrr:ted to LLc! C '_ Ce -.:ii ar. tF'rPe=ent berveer. the C+i-.ar. tin- District: u--- the ::ctT ,._ for th'e of sa°d rani ar-, saner arc: t.:E terms and prcr!i1 s rli:s Oi _u _ _ :e Cz. approved b} ::.e r,c�cr of u' 1ic . or:a a . ti e C_ ___ he__ r:. r___ : _U _eau`_ __ -� ..�:... ..-- -. _. _ _ , . : 4;. c ` a: C u 19th - Felxruary ?'i: S: Cc :. '?::f_: - Jackson, Meyers, Sparks, Irwin ABSr'._. Cat __..:ez, - Frolich /s/ Keith E. Irwin Mayor, City ci ATTEST: /s/ Wm. E. Ryder City Clerk 4