HomeMy WebLinkAboutIndustrial Development - Impr. Agree. Carl E. Berg & John Sobratto Bubb Rd - 1976 mar. Agree. Carl E. Berg & Join SoBratto Bubb IRd.
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This AGREMENT made and entered into t is �day of
�j 19% r by and between ►he CITY OF CUPERTINO, a municipal
zorporation of the State of California, hereinafter designated ats CITY, and
Carl E. and Mary Ann John A. and Susan R. Sobrto ,
hereinafter designated asp Developer.
W I T N E S S E T H
WHEREAS, the Developer has made application to the CITY for A
Parcel Map
and is securing a building petinit from CITY to construct and maintain ap
Industrial Development
hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by Kier & Wright, On-site
a true copy of said improvement plans and specifications are on file in the
office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated
herein by reference, the same as though set out in full; now, th.:refore, said
improvement plans and specifications shall be hereinafter called "the Plans,"
and the work to be done under the flans shall be callsd t°the Work."
WHEREAS, pursuant to the provisions of this AGREE24Err, the CITY hereby
establishes the amounts of Bond, Fees, and Depos'.t as set forth in the following
schedule:
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SCHDU".F. OF BOND, FEES, AND DEPOSITS
PART A. Faithful Pertormance Sand: $ N/A
PART B. Labor and Material Bond: $ N/A
PART C. Checking and Inspection Fee: $�� Ad/A
PART D. Indirect. City Expenses: $ N/A
PART E. Development Maintenance Deposit: $ N/A
PART F. Storm Drainage Fee: $ Raid
PART G. One Year Poorer Cost: $ Paid
PART H. Tree Fees: S Paid
20.00
PART I. Map Checking; Fee:
Map Filing Fee (County Recorder.) $5.00
PART J. Park Fee: $ N/A
Part K - Asphalt Overlay $ 2,500.00
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto
as follows, TO-WIT:
1. DEDICATION
(a) The Developer offe dedicate the real Y_operty shown on
Exhbit "A", which is attached hereto and ma art hereof by reference. Said
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dedicated property shall be free and clear of all liens or encumbrances except
those Mich the CI'IT shall expressly waive in writing. The DeveL."per agrees not
to revoke said offer of dedication, and to keep amid offer open until the CITY
accepts said offer by resolution.
(b) >, ,ti ex%cution )f this AGREWM the Developer agrees to deliver
a properly ex.. A grant deed to the CITY of the real property described in
Exhibit "A", and :such other executed conveyances, or instruments necessary to
convey clear title ar herein required. The Developer shall provide, at the
Developer's sole cost and expense, to the CITY:
(1) A preliminary title report issued by a title insurance company
relating to the property offered for dedication; said Preliminary Title
Report shall be furnished ;
(2) A standard policy of title insurance, issued by a title insurance
company and insuring the CITY in the sum of $ , and
which shall show said property free a,id clear of all liens or encumbrances
except those as the CITY shall expressly waive in writing ; said policy
shall be furnished at the time of acceptance of dedication and recordation
of deed.
(c) Upon the condition precedent that the Developer shall perform each
and every covenant and condition of this AGREEMENT, the CITY agrees to accept said
real property offered for dedication.
2. INSTALLATION OF WORK
It is rther agreed that:
(a) The De loper shall install and complete the Fork within. one (1)
year from the date of exe tion of this AGREEMENT, or such longer period as may
be specifically authorized in iting by the City Engineer. In the event the
Developer fails or refuses to compl a the Work within the specified period of
time, the CITY, at its sole option, shal a authorized to complete the Work in
whatever manner the CITY shall decide. In the `nt the CITY completes the Work,
the PITY may recover any and all costs incurred thereby from the Developer or the
Developer's surety, or both.
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(b) The Developer shall install and completer the Fork im a good and
workmanlike manner i acrordene p with the plans' as approved by the City► Engine-ex
of Cupertino. The Work ball, be done in accordance vieb !sting ardinat%ces end
resolutions of the City of upertino, and in accordance with ali plans, specifi-
cations, stantiaras, sizes, 11 s and grades approved by the City L�i.gineer. The
Work shall be done in accordance th all State and County Statutes applicable
thereto. The decision of the City gineer shall be final as to whether any
material or workmanship meets the stan rds, specifications, plans, sizes, lines
and grades as set forth.
(c) It is further agreed that the ark shall be done in accordance with
the Standard Specifications of the Department f Public Works, Division of High-
ways, State of California, dated January, 1973 a in accordance with the speci-
fications of the Cupertino Sanitary District where plicable.
Wherever the words "State" or "Division of Righw s" are mentioned in the
SoCate Specifications, it shall be considered as referrin to the City of Cupertino ;
also wherever the "Director" or "Director of Public Works" s 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-
dence over and be used in lieu of such conflicting portions.
3. EXCAVATION PEF14IT
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 commence.
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4 ITCLA T`4 DEED
It is further agreed that Developer; when requested byk the CI`Y, shall
quitclaim all his rights and interests in, and shall grant to CITY authorization
to extract water from the underground strata 1p:ng beneath said project and
Developer agrees to execute a "Quitclaim Deal and Authorization" In favor of
CITY, when preseuted to his for signature.
5. BONDS AND O11W SECUR:_ Y
(a) Upon the execution of this AGREEMENT, the Developer shall file with
the CITY a faithful performance bond to assure his full and faithful performance
of this AGREEMENT. The penal sum of said faithful performance bond shall be the
full cost of any payment to be made under this AGREEMENT, 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 AGREF24ENT, the Developer
shall, in addition to said faithful performance, file with the CITY a labor and
materials bond in a penal sum adequate to assure full payment of all labor and
materials required to construct said improvements. The amount of said bonds shal1
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. Ia the event that the Developer shall fail faithfully to perform the
covenants and conditions of this AGREEMENT, or to make eny 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,
(2) A cashier's check, or a certified check, payable, to the order
of the CXTY; or,
(3) A certificate of dep"it, or instrument of credit meeting the
r requirestents of Goverment .Code Section 66699 (b) or (c) .
(c) The amount of said cash, checks, certificate of deposit, or instru-
ment of credit shall be as designated by the City Engineer, and shall be the e4uiv-
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 payment, 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 approval 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
expenses for inspection, checking, etc. , incurred by CITY in connection with said
Project, and th:.t Developer shall have deposited with CITY, prior to execution
of this AGREL"4ENT, the amount as set forth herein at Page 2 (Part C) . Should con-
struction cost vary materially f:om the estimate from which sa'd sum is calculated,
the Cf ty Engineer shall notify Developer of ar.y 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 ,
the amount &; set forth herein at Page 2 (Part D) .
7A. MAP FILING FEE
It is further agreed that the Developer shall deposit with CITY, prior
to execution of this AGREE.'iEIdT;, for office checking of final map and fic ld checking
Nam
Of $tV0*t ts000metsts, in c lianca with Section 4;1 of ordinance 20 47 (Revised,
12/4/62) of CITY, tw' nt Go set forth herein at 46a 2 (Parr I).
6. DEVEWMEW MAINTEUNCE DEPOSIT
It is fiarther agreed that the Developer shall pay to the CITY, prier to
exer-ltion of this AGREEMENT, the amount set forth herein at Page 2 (part E) as a
deve.Lopment maintenance deposit to insure proper dust control and cleaning disring
the construction period. The development maintenance deposit may he utilised for
repairs of defects and imperfections arising out of or due to faulty workmanship
and/or materials appearing in said work during the period until release of the
improvement bonds by the CITY. Should the Developer complete the required repairs
to the entire satisfaction of the CITY, the unused balance will be returned after
the release of the improvement bonds.
9. STORM DRAINAGE FEE
It is further agreed that the Developer shall pay to the CITY, prior
to execution of this AGREEMENT, a storm drainage charge in connection with said
Project in accordance with the requirements established by Section 1.3:5 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 amount 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 INSTALLATIO14 OF STREET TREES
It is further agreed that rl,e 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 AGREF24ENT, the amount as set forth herein at Page 2 (Part H), which amount
represents the fees for installation and maintenance of said street trees, having
been calculated at the unit price of $15.00 per tree.
12. PARK FEES
It is further agreed that the Developer shall pay such fees and/or dedicate
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such land to the City prior to anecuktion, as is required within "Park Dedication.
Ordina ce" number 6d2, 1972 and which is further stipulated unsder Farts J.. , page 2
herein.
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13. HAMMIANCE OF THE WORK
it is further agreed that the Developer shall maintain tt,e Work, until
f" all deficiencies in the Work are corrected to conform to the Plans and the: CITY
standards and specifications for the Work. the Developer shall., upon written
;cso2ice tti,ereof, immediately repair or replace, without cost or obligation to the
City of 1."upertilft, and to the entire- satisfaction of s Ad CITY, all defects and
imperfections arising out of or due to faulty workmanship and/ox materials appear-
ing in ,izid Work.
14. SANITARY DISTRICT
It is further agreed that the Developer shall file with CITY, upon
execution of this AGREEMENT, a letter from the Cupertino Sanitary District
stating that the Developer has entered into a separate AGREEMENT with the said
District to install simitary sewers 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 sEraer in
conformance with the provisions as set forth in paragraph No. 13 above has been
filed.
15. GOVERNMENT CODE
It is further agreed that Developer shall €ile. with CITY„ upon execution
of this AGREEMENT, substantial evidence that all provisions of Section 66493,
Article 8, Chapter 4 of the Government Code, pertaining to special assessments
or bonds , have been complied with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the Developer shall file with r_he CITY, upon
execution of this AGREEMENT, a letter from the Central Fire Protection District
of Santa Clara County, stating that the Developer has entered into art AGREED-ENT
with said District to install fire hydrants to serve said Project and stating that
all necessary ,fees have been deposited with said District to insure install: Lion
s-.-A five �5) year recital f ea of said hydrants.
17. STREET LIGHTIM
It is further agrees that the Developer shall apply for the installation
of electric power for street lighting at the earliest date possible.
lg. P.G.& E. AND P.T.& T.
It is further agreed that the Developer shall pay to Pacific Gas and
Electric Company and/or to Pacific Telephone and Telegraph Company any and all
fees required for installation of overhead any/or underground wiring circuits to
all electroliers within said property and any and all fees required for under-
grounding as provided in Ordinance No. 331 of CITY when Developer 1.8 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. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acquired by the Developer at his own 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 sight-of-lay,
that the Developer shall deposit with CITY a sum covering the reasonable market
value of the land proposed to be taken and to be included in said sum shall be a
reasonable allowance for severance damages, if any. It is further provided that
in addition thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costa in such reasonable amounts as the CITY may
require shall be deposited with CITY.
20. HOLD HARMLESS
It is further agreed that, commencing with the performance of the Work
by the Developer or his contractor and continuing until the completion of the
mainter-ance of the Work, the Developer shall indemnify, hold harmless and defend
the CITY from and against any or all loss, cost, expense, damage or liability,
or claim thereof, occasioned by or in any way whatsoever arising out of the perfor--
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since or nonperformance of the Mork or the negligence 'er willful misconduct of
the Developer or the Developer's agents, employees and independent contractors.
21. Z91St CE
it is further agreai 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 calltsd for or required to be
r done hereunder, a policy of insurance naming the CITY and members of the City
Council of the City of Cupertino, individually and collectively, and the officers,
agents, and employees of the CITY individually and collectively, as insured. Said
separate policy shall provide bodily injury and property damage coverage to the
foregoing n1med CITY and individuals covering all the Worts performed by, for, or
on behalf of said Developer. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide that the
coverage afforded thereby shall be primary coverage to the full limit of liability
stated in the declarations, and if the CITY, its members of the City Council,
individually and collectively, and the officers, agents, and employees of the CITY,
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 injury, $100,000 each person; $300,000 each
occurrence; property damage, $50,030 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 AGREEMENT by the Developer such evidence of said foregoing
policy or policies of insurance as shall be satisfactory to said City Engineer.
Each such policy or policies shall bear an endorsement precluding the cancellation
or reduction in coverage without giving the City Engineer at least 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 required
herein and above shall co-name such mumicipality or political subdivision and the
provision set forth herein and above f-cr the protection of the City of Cupertino
shall equally apply to municipality and political subdivision.
22. ASPHALT OVERLAY
It is further agreed that the Project will dace additional demands upon
the adjoining City streets and that said impacts can be mitigated by the asphalt
overlaying on McClellan Road.
The City agrees to perform the work in conjunction with the cities normal
overlay work and further agrees that the deposit collected herein shall be charged
against works performed on and along McClellan Road and/or Bubb Road as directed
by the City engineer.
The deposit collected herein (Fart K) shall be the full amount due and
no adjustments shall be made.
23. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successors,
assigns and transferees of Developer. The assignment of this AGREEMENT shall not
be made without approval of the City Council of CITY.
IN `-ITNESS 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 Developer has hereunto caused his name to be affixed the day and
year first above written.
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CITY OF CUPERTINO
Mayor
4' By _
City erk
Approved as to form: DEVELOT' R
1
City Attorney
12 _
STATE OF CALIFORNIA )
ss.
COUM
OF SARZA CI A)
On /- y4z Add /�! �, 19 .� , before me, the undersigned, a
Notary Publ c in and for said State, personally appeared
known to me t e the pers,96s whose named subscri',)ed to the within 8
Instrument, and acknowledM d to me chat they executed the same.
WITNESS my hand and official seal.
- OFFICIAL SEAL.
NANCY L. WILLIAMS � ✓ �
NOTARY PUBLIC-CALIFAFthfy/� L'� �
SANTA CLAPA COUNTY .votary PubliC'. n and for the County
myrCommissionExpiresApr.18,1978
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
CO1n 1TY OF SANTA CLARA)
On _, 19__, before me, the undersigned, a Notary
'public in and for the said State, personally appeared
known to me to
be the of , the
corporation that executed the w nstrum_ithin Ient, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to cue that such Corporation executed the same.
IN WIT14ESS I•THEREOF, 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.
Notary Public in and for the County
of Santa Clara, State of California
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RESOLUTION NO. 4308
A RESOLUTION OF THE CITY COUNCIL OF THE CT.,TY OF CUPERTINO
APPROVING PARCEL MAP (W PROPERTY LOCATED AT THE NORTMAST
CORNER OF BUBB ROAD AND WZLELLAN ROAD; DWRIMM, CARL
E. BERG, JOHN A. SOBTATO, SUSAN R. S03RAT0, AIM AM S.
RUSSO; AUTHORIZING E)E UTION OF DWROVEMENT A
ATMHORIZING SIGNING OF PARCEL NAP
WHEREAS, there has been presented to the City Council for approval of
the parcel map of property located at the northeast corner of Bubb-Road and
McClellan Road by Carl E. Berg, John A. Sobrato, Susan R. Sobrato, and Ann
S. Russo; and
iNEREAS, there has been presented to the City Council a proposed agreement
for the overlay of McClellan Road , with fees as set forth in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said parcel map herein referred to is hereby approved.
b. The City Eagineer and the City Clerk are hereby authorized to sign
said parcel map.
C. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of. the City
of Cupertino this 16th day of NnvembCr 1976, by the following vote:
Vote Members of the City Council
AYES: Frolich, Jackson, Nellis, O'Keefe, Meyers
NOES : None
ABSENT: None
ABSTAIN. None
ATTEST: APPROVED:
•
Wm. E. Ryder /s/ Robert W. Meyers
City Clerk _ Mayor, City of Cupertino
,r...�. ZRM NOW
Y .
Exhibit "A"
Res. No. 4308
SCWW= OF P01W, FEES, AND DEPOSITS
D IffiFMEW: industrial Building
Carl E. Berg, John A. Sobrato, Susan R. Sobrato and Ana S. Russo
LOCATION: Northeast Corrsrr of Bubb Rv4 d and McClellan Roae
A. Cash Bond Deposit $2, JO.ir0
B. Map Checking Fee $ 20.00
C. Map Recording Fee $ 5.00
C"" of CUP"""
Slice of the City Atwrnsey �
900 G.)mmuAty Sank Sus*ng
111 West St.Iohn Street
San licxe,California 95113
(40h)292-7220 �
January 4, 1977
Ellen Pagnini, Deputy City Clerk
City of Cupertino
10300 'Torre Avenue
Cupertino, California 95014
RE: Documents for Approval
Dear El i.en:
Enclosed are the following documents, which I
have signed in my capacity as City Attorney,:
T..ree (3) Agreement by and between the City of
Cupertino and Carl E. and Mary Ann
Berg; John A. and Susan R. Sobrato
Three (3) - Agreement by and between the City of
Cupertino and Carl E. and Mary Ann
Berg and John A. and. Susan R. So' rato
Ver txuly yours,
DAVID H. ADAMS
City Attorney
DHA:di.
Enclosures (6)