HomeMy WebLinkAboutMinor Improvement SFR - Impr. Agree. James Herbert _Hillcrest Rd - 1976 IWk. Vie. James Herbert Hillcrest Rd..
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Sant® Wires County Recorder
P. 0. Box 738
San Ase, California 95106
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DOCURM
FOR RELATION
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will you plesae record the enclosed document, as follows:
Agreement L•y and between the My of Cupertiao and Jacme :ierbert
trey 11, 1976)
�JF"Mn CITY CLERK
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MMO To., NO FEE TO CEO= IX AMMAM
of Cupertino aLda C7Vi �L4id
" M60 Forge Aveesame
rtiao, C% 99014
AGREEMENT .
This A-I made and entered into this llth day of
May , 19?6 by and between the cny or cm mum, ae =unicipai
corporation of the State of California, hereinafter designated as CIS'!', and
.Jam nerbert ,
hereinafter designated as Developer. Thi s Weeamt supersedes that certain
agreement entered Into an March 4, 1974 by and between the City and the Developer.
W I T N E S S E T H
4
14RELEAS, the Developer has made application to the CITY for a
Building Permit and
will be securing a building permit from CITY to construct and maintain a
Single Family Residence ,
hereinafter referred to as "Project."
WHEREAS, the CITY hereby agrees to permit deferment of required development
improvements in accordance with the _provisions of this AGREE:` =, and
WHEREAS, the Developer hereby agrees to provide necessary improvement plans
and specifications at such time as they may be required by the City Engineer
or as provided herein, and
WHEREAS, the Developer further agrees to perform at his sole cost all the
work necessary to complete installation of those improvements which will be
required in accordan,.:. with those plans to be prepared, and
.` WEEREAS, the Developer agirees to pscvide bonds, cash paayagnts, or other
guarantees as outlined hwirein to assure compliance wi tioaamt of developmenat
approval, and
WBERFAS, pursuant to tb B provisions of this AGREEMENT,, the CIS hereby
establishes the ants of Boamd, &gees, aa" Deposit aas set forth in they folloviag
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schedule#
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VC �. s F=• �s,�/Y�K i9a7�4iV
PAM A. Faithful Perfo e a
PART H. Labor and Material Road: $ Deferred
PART C. Checking and Inspection Fee: $ Deferred
PART D. Indirect City Expenses: $ Deferred
PART E. Development Maintenance Deposit: $ Deferred
Paid
PART F." Storm Drainage Fee: $
PART G. One Year Power Cost: $ NIA
PART H. Tree Fees: $ $30.00
PART I. Map Checking Fee: $ NSA
PART J. Park Fee: $ N/A
Area
PARE E. Reimbursement Deposit:
$ 3,500.00__
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between .the parties hereto
ae follows, TO-WIT:
ON
(a) The Developer offers the real pr�by
y shown on
Exhbit "W', which is attached hereto and made a part hereore d
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It Is s that: ISO F=147
(a) U6 Developer shall install and complete the Work within one (1)
yeas from the date of eseentlon of the AGREEMMT, or such lower period as may
be specifically authorized In wri.tin by the City Ontuser. In the event the
Developer falls or rdff ens to Clete the Work within the specified period of
time, the CITY, at its sole o tion, shall be authorized to c p emplace the Work in
whatever manner the CITY shall decide. In the event the CITY completes the Work,
the CITY may recover any and all costs incurred thereby from the Developer or the
Developer's surety or both.
(b) The Developer shall install and complete the Work in a good and
workmanlike manner is accordance with the plans as approved by the City Engineer
of Cupertino. The Work shall be dons in accordance with existing ordinJnces and
resolutions of the City of .Cupertino, and in accordance with all plans, specifi-
cations, standards, sires, lines and grades approved by the City Engineer. The
Work shall be done in accordance with all State and County Statutes applicable
thereto. The decision of the City Engineer shall be final as to whether auy
material or workmanship meets the standards, specifications, plans, sizes, lines
and grades as set forth.
(c) It is further agreed that the Mork shall be done in accordance with
the Standard Specifications of the Departaeat of Public Works, Division of High-
ways, State of California, dated January, 1973 and in accordance with the speci-
fications of the 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" 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/or the Cupertino Sanitary District, the specifications
of the City of Cupertino and/or the Cupertino Sanitary District shall take prece-
daum over and be used inn Baeu of emb conflicting portions.
MO __
2.3 1312111 UILM STIMm.
It is forther *,goad that the Devolver shall pay to tie city Prior to
emewtion of this agrasuent, a sit for do Developer's timt" shwa of the
fsas V,* e t ar". Me deposit Sball bO t VAt _ .QUOUnt set forth
herein at Pao f )
An Aawtount to the doposit AaU be =We within one you frM the date
t sal confiais dwse, mote actually expended by other
Developers for the installation of the water tine work and street pavesmmt "rk
along the frontage of the parcel herein described in Exhibit "A". The basis shall
be one half of the total coasts for improvements installed along the said frontage of
iseveloper's Parcel. its are those confirmed by the Director of Public Works.
Deposits are tho6e outlined in Part K and in Exhibit D herein attached.
The City shall reimburse the Developers sk" have installed the work along said
frontage within 20 working days from payment of the finalized amounts due herein.
3. EXCAVATION PERMIT
It is further agreed that the Developer shall comply with Section Three of
Ordinance No. 130 of the City of Cupertino by obtaining an excavation permit from
the City Engineer 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 Developer shall notify the City Engineer of the exact
date and time when the proposed excavation is to comamence.
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~ 149 t
I:. WUCUM DEED
I t is further ngread that Developers why re ue8tad by t -CM&,
r�` 1 his rights and interests In, and shall grant to CITY 8 -arization
to amact water from the underground strata lye nth saw project and
Developw &grew to execute a P°i tclaim Dead and Authorizat ve In favor of
CITY, when presented to him for signatura.
5. BONDS AND OTMM SV 1RITY
(a) Upon the -execution of this AGREEKM, the Developer shall file with
the CITY a faithful performance bond to assure his full and faithful performance
of this AGREL4M. The penal srm; of said faithful performance bond shall be the
full cost of any payment to be wade under this AGREEMM, the value of any land
agreed to be dedicated, and any improvements to be made under this AGREEMENT. In
the event that improvements are to be made under this AGREEMENT, the Developer
shall, in addition to said faithful performance, file with the CITY a labor and
materialR bond in a penal sum adequate to assure full payment of all labor and
t
materials required to construct said improvements. The amount of said bonds shall
be as designated by the City Engineer. Said bonds shall be executed by a surety
company authorized to transact a surety business in the State of California and
must be approved by the City Attorney as to form and by the City Engineer as to
sufficiency. In the event that the Developer shall fail faithfully to perform the
covenants and conditions of this AGREEMENT, or to make any payment,-or any dedica-
tion of land, or any improvements herein required, the CITY shall call on the
surety to perform this AGREEMENT or otherwise indemnify the CITY for the Developer's
failure to do so.
`b) In lieu of a surety bond, the Developer may elect to secure this
AGREEMENT by depositing with the CITY:
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(1) Cash; or, 149 PA450
(2) A eashie0s check,-or-.a certified- check, payable to the order
of the CITT; or,
(3) A certificate of depo'ait, or Imtrumant of czedit meeting the
requlrements of Goverment Code Section 66499 (b) or (c).
. (c) The amount of said cash, checks, certificate _off deposit, or instru-
:sent of credit shall beas designated v they City Engineer, and shall be :he equiv-
alent to that which would have been required had the Developer furnished the CITY
with a surety bond. in the event that the Developer shall fail faithfully to
perform the covenants and conditions of this AGREEMENT, or to make any pint, or
any dedication of land, or any improvements therein required, the CITY may apply
the proceeds of said security thereto.
(d) No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except upon arproval of the City Council.
(e) No interest shall be paid on any security deposited with the CITY.
6. CHECKING AND INSPECTION FEE
It is further agreed that Developer shall pay any and all necessary direct
expenseb for inspection, checking, etc. , incurred by CITY in connection with said
Project, and that Developer shall have deposited with CITY, prior to execution
of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should con-
struction cost vary materially from the estimate from which said sum is calculated,
the City Engineer shall notify Developer of any additional sum due and owing as a
result thereof.
7. INDIRECT EXPENSES
It is further agreed that Developer shall pay to CITY, prior to execution
of this AGREEMENT, indirect expense allocable to processing these improvements ,
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the amount as set forth herein at Page 2 (Part D) .
£ a 7A. &!!1P FILING FEE
.$ It is further agreed that the Developer shall deposit with CITY, prior
to execution of this AOREEENT, for office chocking of final map and field chocking
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of street momeents, is compliance with Section 40 of Ordinance . 47Med
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$2/4/6I) of C12T, t t as set forth herein at a 2 (pest f .
.' AVA
E DEPOSIT
It is farthW agreed that the Deaeloper_sha11 pay to the CITY, prior to
executlon of this ASIEMW. the amount set forth herein at Page 2 (Part E) as a
development min depea t to Insure proper dust control arA cl"uiM during
the construction period. The development maintenance deposit may be utluxed for
repairs of defects ant' imperfections arising out of or due to faulty workmanship
and/or mat.rials appealing in said work during the period until release of the
improvement bonds by the CITY. Should the Developer complete the required repairs
to the entire satisfaction of the CITY, the unused balance will be returned after
the release of the improvement bonds.
9. STCRH DRAINAGE FEE
It is further agreed that the Developer shall pay to the CITY, prior
to execution of this k'PREEMEM, a storm drainage charge in connection with said
Project in accordance with the requirements establisher! by Section 13:5 of Ordinance
47 (Revised 12/4/61) of CITY 'in the amount as set forth herein at Page 2 (Part F).
10. ONE YEAR POWER COST
It is further agreed that the Developer shall pay to CITY prior to execu-
tion of this AGREEMENT, the account as set forth herein at Page 2 (Part G), which
amount represents the power cost for street lights for one year.
11. FEES FOR THE INSTALLATION OF STREET TREES
It is further agree) that the CITY shall, .at such time as deemed appro-
priate by the City Engineer, plant and maintain street trees in conformance with
the standards of the City of Cupertino. As payment for said installation and main-
tenance by the CITY, the Developer shall pay to the CITY, prior to the execution
of this AGREEMENT, the amount ass set forth herein at Page 2 (Part R), which amount
represents the fees for -Installation and maintenance of said street trees, hawing
been calculated at the unit price of $15.00 per tree.
12. PARR FEES
It As further agreed that. the Developer shall pay such faw and/or dedic&te
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'such-land to the L'f�_-. , prior to execution, as is required within "Park Dedication
Ordinance" Xw6er 602, 19T2 saa which isfurther stipulated under Park J., page I
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13. or MW
It is fusther agreed that the Developer shall maintain the Work, until
a` ALL deficiencies in the Work am corrected to conform to the Plans and the CM
standards and specifications for the (foal.. The Developer shall, upon written
notice thereof, imediately 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 appear—
ing in said Work.
14. SANITARY DISTRICT
It is further agreed that the Developer shall file with CITY, upon
execution of this AGREEKENT, a letter from the Cupertino Sanitary District
stating that the Developer has entered into a separate AGREEMEN'P with the said
District to install sanitary severs to serve all lots within said Project and
stating that a bond to insure full and faithful performance of the constructions
of the said sanitary sewers and to insure maintenance of said sanitary sewer in
conformance with the provisions as set forth in paragraph No. 13 above has been
filed.
15. GOVERNT CODE
It is further agreed that Developer shall file with CITY, upon execution
of this AGREEMT, substantial evidence that all provisions of Section 66493,
Article S, Chapter 4 of the Government Code, pertaining to special assessments
or bonds, have been complied with.
16. CENrRAL FIRE DISTRICT
It is further agreed that the Developer shall file with the CITY, upon
execution of this AGREEMM, a letter from the Central Fire Protection District
of Santa Clara County, stating that the Dev+sloper has entered into an AGREMGXT
with said District to instaU fire hydrants to serve said Project and stating that
dir.81ted e:.tb &aid District to Insure instsl16t:00
ua d five (S) year rental fee of said hydrants.
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It Is further geed that the, Developer shall apply for the installation
of electric power for street Lighting at the earliest date possible.
18. P.G.& E. AMD P.T.6 T.
It As further agreed that the Developer shall pay to Pacific Gays 9XA
Electric Company and!or to Pacific Telephone and Telegraph Company any and all
fees required for installation of cTarhead and/or underground wiring circuits to
all ele,troliers within said property and any and all fees required for under-
grounding as provided in Ordinance No. 331 of CITY when Developer is notified
by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific
Telephone and Telegraph Company that said fees are due and payable.
19. EASELS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acquired by the Developer at his own 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 Developer shall deposit with CITY a sum coveri3g the reasonable market
value of the land proposed ro 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 as the CITY may
require shall be deposited with CITY.
20. BOLD HARMLESS
It is further agreed that, commencing with the performance of the Work
by the Developer or his contractor and continuing until the completion of the
maintenance of the Work, the Developer shall indemnify, hold harmless and defend
the CITY from and against any or all lose, cost, expense, damage or liability,
or claim thereof, occasioned by or in any way whatsoever arising out of the perfor-
e
149 =1 4
ns&nc a or nonperformance of the Work or the negligence or willful misconduct of
the Developer or the Dsveelopesr°s &Seats, employees and Independent contractors.
21. UUM
It is further agreed that: The Developer shall take out, or shall require
any contractor engaged to perform the Work to take out, and maintain at all times
during the performance and maintenance of the Work called for or required to be
done hereunder, a policy of insurance name the CITY and members of the City
Council of the City of Cupertino, individually and collectively, and the officers,
agents, and employees of the CITY individually and collectively, as insured. Said
separate policy shall provide bodily injury and property damage coverage to the
foregoing named CITY and individuals covering all the Work performeO ')y, for, or
on behalf of said Developer. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide that the
coverage afforded thereby shall i;e primary coverage to the full limit of liability
stated in the declarations, and if the CITY, its members of the City Council,
individually and collectively, and the officers, agents, and employees of the CITY,
individually and collectively, have other insurance against the loss covered by
said policy or policies, that other insurance shall be excess insurance only.
(a) Each of said policies of insurance shall provide coverage in the
following minimum amounts, for bodily injurt'y, $100,000 aach person; $300,000 each
occurrence; property damage, $50,000 on account of any one occurrence with an
aggregate limit of not less than $200,000.
(b) The Developer shall file with the City Engineer at or prior to the
time of execution of this AGREEMM by the Developer such evidence of said foregoing
policy or policies of insurance as shall be satisfactory to said City Engineer.
Each such policy or policies shall bear an endorsement precluding the cancellation
or reductions in coverage without giving the City Engineer az least 10 days advance
notice thereof.
(c) In the event that the Project covered herein should be mutually
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situated in or affect the area of jurisdiction of a separate municipality or
political subdivision of the State of California, the policies of insurance
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required herein and above shall co-name such municipality or political sub-
division and the provision set forth herein and above for the protection of
the City of Cupertino shall equally apply to municipality and political sub-
division.
22. DEFERHM
It is further agreed that the Developer shall furnish, construct and
install at his own expense, either upon six (6) months notice from the CITY,
in which event the Work naust be completed within one (1) year thereafter, or
in the absence of such notification, no later than five (5) years and six (6)
months from dkte of this AG ENT, the following improvements:
Asphalt streets, storm lines and other related street construction
as specified by the Director of Public Works.
Until such notification is made by CITY, or such time has elapsed,
Sections numbered ZA2 5, 6, 7
are hereby deferred, The Developer further agrees to cooperate, upon rMtice
by the CITY, with other property owae.rs, the CITY and other public agencies to
provide the improvements set forth herein under a joint cooperative plan,
including the formation of a local improvement district, if this method is
feasible to secure the installation and construcetou of the improvements.
i
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56
. . 2�3. Sd�CG3"�S�► - �T8 LAND UIP
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This AGRZMMM sba33 bl=L-tbe heirs, administrators, executors,
successors, assiSm and transferees of Developer. It is agreed aW understood
that this AGUBUW shall be filaed for record in the Office of the County
Recorder of the County of eta Chia, State of Calffends and that thu
covenants in this AGREEMENT shsll run with the land, a description of which
is contained in Exhibit :A7 which Is attached hereto and made as part hereof
by preference, and are for the benefit of the other lades in thus City of
Cupertino.
XN WITNESS WRERWF, CM has caused its names to be hereunto affixed by
Its City Engineer and City Manager, thareunto duly authorized by resolution of
the City Council and sold Developer has hereunto caused his emee to be affixed
the day and year first above written.
CITY OF CUPERTIM
BY '00
7 tyr qm8inear
BY C- -J4-0'�
City Manager
Approved as to form: DEFELIDM
✓ d��c City Attorney
BY
Ackmmledgmmuts and Iahibi t(s) "A" at
MHUM
K
STkrE OF CnImOMIA ) 149 ?Aa157
COU 'i'Y OF SANTA CUM)
before me, the and -fined, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose name as re subscribed to the within
Instrument, and acknowledged to me that they executed the same.
TWi,c 3Wa#A4 seal.
R IF o ,
'rvRNli1
Cv ;iTY y
, ^ {e, rotary P Iic in and or the County
nmmt�s
Y 0M `2' 1918 of Sant Clara Stat of California
CORPORATION ACKNOitLEDGDMNT
STATE OF CALIFOR.�IIA )
a ) ss.
COUNTY OF SA;TA CLARA)
On _ 19 _, before me, the undersigned, a Notary
_j °ublic in and for the said State, personally appeared
known to me to
be the _ of , the
corporation that executed the within Instrument, known to me to be the person
who--exe+cuted_.xhe-.vll-rhia Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation a ecuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
f
Notary Public in and for the County
of Santa Clara, State of California
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14 ?AM18
� EXHIBIT "A"
s.
All of that Lot 35 as said lot is shown upon the "Kaap of
Russellhurst Monta Vista" filed in 1917 with the Santa
Clara County Recorder.
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. IT $ C 149 PacE15
SCEMOM CW ''I'MIUMMMOW DSPOSIT
Total of deposit due Mr. S. Grce and Mr. M. Pisan $3,500.00
The Developer agrees that any and all lies due in excess of said
$3,50O.O0 shall be paid to the City within 30 daps of receipt of
Notice from the Director of Public Works.
RESOLUTION W. 33-V 149 =160
A RLSOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZLNG THE CITY :fA:=ER TO EXECUTE %11NOR remmENT
AG S NOT INVOLVING LOT SPLITS
tea.
WHEREAS, the present policy of the City requires builders and develop-
ers to enter into an agreement executed and approved by the City Council
covering City improvement requirements; and
WHEREAS, many such Atrokoents involve minor improvements not requir-
ing lot splits; and
WHEREAS, the conditions precedent to isstiance of a building permit
under the terms of the Unimproved Street Jrdinance cover the requirements
for said improvements; and
WHEREAS, it would be to the benefit of property owners, developers,
and the City to eliminate the need for scheduling of agenda iter"s which
-may necessitate delays in implesentation of projects; and
WHEREAS, the City Attorney has rendered the opinion that the policy
of approving such minor improvements may be adjusted to allow the City
Manager the authority to enter into agreements on behalf of the City which
stipulate the necessary requirements;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ap-
prove the policy authorizing, the City :tanager to execute minor improvement
agreements not involving lot splits in accordance with the conditions out-
lined in the Unimproved Street Ordinance No. 546. All minor improvement
agreements executed by the City ::anager shall be reported to the City Coun-
cil at its next meeting.
PASSED A.`D ADOPTE" at a regular meeting of the City Council of the City
of Cupertino on the 5th day of Septemher 1972, by the following vote:
AYES: Councilmen - Irvin, Jackson, Meyers, Sparks, Frolich
o NOES: Councilmen None
ABSENT: Councilmen - None
ATTEST: APPROVED.
al ym. E. Ryder Is/ Donald A. Frolich
• City Clerk Mayor, City of Cupertino
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