HomeMy WebLinkAboutWest Valley Center/Carl's Jr. Impr - Joseph P Franco and Florence E Franco and Alfred E Benzo and Madelyn Benzo - 1977 hest Valley Center/Carl' s. Jr. 7.n ar. — Acjmt.
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NO FEE TO sE CHARGED IN
• LEASE RETURN TO: ACCORDANCE WITH GOVERINENT
City of Cupertino CODE :SECTION 6103
10300 Torre Avenue
super.ta.no, CA 950I4 rl 0 R E E ! E Y b C. d. 1 Wlo- �
his :=.,'REL` ENT made and entered into this � day of
��� Z1__
19 by and between the CITY OF C PERTINO, a mu^icipa!
corporation of the State of California, hereinafter designated as CITY, and
Joseph P. Franco and Florence E. Franco, and Alfred E. Benzo and ,
Madelyn Benzo
hereinafter designated as Developer.
E3L�5, the Developer has -ade avr lication to .he __T' or a
Tentative Map
and is securing a building per-nit from CITY to construct and :maintain a
Commercial Development ,
hereinafter referred to as "Projec�. "
--.e ri.Y nerebv as-eeS ^er-Mi t de_e-.-en: C:
imrrovements in accordance With the orovisions o% this GR_E `7_'.T, and
,v1HEREA-5, the Developer hereby a-tees to provide necessar-: .:aprovement pans
and soecificatiors at such time as they may be required by the City Engineer
or as provide: herein, and
HEREH S, the hevelop,_r further agrees to perform at his sole cost ali _.:e
work necessary to complete installation -f those improvements ::'r.ich W:L11 be
required in accordance with those plans to be prepared, and
WIMIREAS, the Developer agrees to provide bonds, cash pa-ments , or other
guarantees as outlined herein to assure compliance with conditions of development
approval, and
TWU'.L kS, pursuant to the provisions of this AGREL'l—E-211 , the CITY hereby
establishes the amounts of Bond, Fees, and Deposit as set fo_ t.. in the following
schedule!
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SCHEDULE OF BOND, FEES A M DEPOSITS
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PART A. Faithful Performance Bond: S Deferred
PART B. Labor and :4ateria? Bond: $ Deferred
PART C. Checking and Inspection Fee: $ Deferred
PART D. Indirect City Expenses : S Deferred
?ART E. Development Maintenance Deposit: $ Deferred
?ART F. Storm Drainage Deposit: $ Deferred.
PART G. One Year ?ewer Cost : S Deferred
PART H, Tree Fees : S Deferred
PART I. Map Checking Fee: S Deferred
?ART _ . ?ark Fee: S N. /A
Area
NOW, THEREFORE, IT IS SEAR..:'' JUVEJALLY ?,GREED by and between the parties hereto
as follows, TO-WIT:
1. DEDICATION
(a) 'ire Developer offers to dedicate the real prcperty shc,�Z: ea
Exhbic "A", vhich is atzached 'hereto and made a part hereof by reference. Said
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dedicated property skull be free and clear of all Liens or encumbrances except
k ;{ thosa which the C7_7Y shall expressly waive in -writing. The Developer agrees not
to revoke said offer of dedication, and to :seep said offer open anti: the ,I__'
accepts said offer by resolution.
(b) Upcn execution of this AGR.rEYE:,T the Developer agrees to deliver
a properly executed grant deed to the CITY of the real property described in
=-Chibit "A", and such other executed conveyances , or instruments necessary to
convey clear title as herein required. The Developer shall provide , at the
Developer' s sole cost and expense, to the CI_' :
(1) A preliminary title report issued Dv a ___le _:+suranc_ tom. 1.
relating to the property offered for dedication; said Preliminary Title
ReDort shall be furnished
(2) A standard policy of title insurance issued f5y a _i:Ie insurance
company and insuring the CITY in the sum of and
which shall show said property free and clear of all liens or encumbrances
except those as the .-IT`_' shall expressly waive --.~icing; sa..d aolicy
sha:_ 'oe furnished at the time of acceacance ofedi_ation and recordat__..
of deed.
(c) '-'von the condi:ion precedes- 'hat ::e Developer s"nall Terf:)~n each
and every covenant and condition of this AGREEMIE-Y , the CITY agrees :z� accept sai:
real proper..,: offered for dedication.
2. I S7Ai AT?ON OF WORK
It is fu;r'cher agreed that .
,a) The Developer shall install and _onplece the pork ai-hin on : (=)
vear from .e date of execution of this ?,GcRZMII_'- -'`_`, or such longer period as may
be specifically authorized in .rriting by the City Engineer. In the event the
D.-veloper fails or refuses to complete the Work wi:hin :he specified period of
time, the _Y , at its .sole option, shall be authorized to complete :he por'", In
whatever rail net' :he CITY steal: decidC. Ia :,�,a even: :h e CI7 comp le _es 2 nCr:i,
the CITE.' nav recover any and all zos:s incurred _ erabv _r= -.he Deve_Jp2r or :he
-eve_'JDe: s 3Llr$t•7 or botn.
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(b) The Developer shall install and complete the Work in a good and
worl;=anlike maamer in accordance wit:. the plans as approved by the: City Engineer
of Cupertino . The Work shall be cone in accordance wi:h, existiag Ordinances and
resolutions of the City of Cupertino , _nd in accordance with all plans, specifi-
cations, standards, sizes, lines and grades approved by the Engineer. The
Work shall be done in ac.:irdance riff^. al! State and County Statutes applicable
thereto. The decision of the City Engineer shall be final as to whether an,,-
material or workmanship meets the standards , specifications, plans, sizes, lines
and grades as set forth. ~
(c} 1t is further agreed _:.at the Wor:•c spa.'.: be done in accordance wit..
the Standaz _, Specifications of the Department Of P',;blic Works, Division of High-
ways, State of California, dated . anuary, 19,73 and in accordance with the speci-
fications of _fie Cupertino Sani:ar',, :)istrict where appl:--a_-_e
Nherever ::he words }State" __ ���'l S�o^. __ Hfzhwa"s " are m-en:ioned in _::e
State Soeci=_ca:..ons, it shall 7e __nsidered as referring :he _ o_
also wherever the "Director" or "Director of Wor'ks" is mentioned, it shall
be considered as referring to the Ci.-� Engizee=•
In case of conflict between the State Specifications and the specifications
of the City of C::pertino and/or :1e ( uper:_no Sai.itary Djs___:_ , the specification-s
of the City of Cutfe.tlno and/or :he Cupertino Sanitary O str«_ shall take ?rece-
dence over and be used in lieu of such conflicting portions .
3. EXCAJATrON PE—R-MIT
It is further agreed that ::he Developer shall comply with Section Three
Ordinance No. 130 of the City of Cupertino by obtaining as excavation permit from
the City r g~..:eer before the: coamencement an! excavati_.n on, or under :he
.
surface of any existing public S reet , lane, a11ey, sidewalk, :r other public p_a_e.
It is i urt fez• agreed that the Deve-_per sna__ the L__y C^5.zeer _t _ne a ct:
date and time when the proposed excavatic- is com=e.:ce.
h
G.
OUITC'LAL. DEED
It is further agreed that Developer, when requested by the C_--i" s'rali
quitclai= all his rights and interests in, and shall. grant to CI= a,;:1orizat-on
to ex -act water frog the . .-44erground strata lying beneath said oro-ect and
Developer agrees to execute a "Ouitclai . Deed and Aut orization" in favor of
CITY, when presented to :aim for sig:.at:are,
5. BONDS AUM OTHER SECURIT`_'
(a) Upon the execution of this AGRErMIEN , the ieveloper shall f--le with
the CITY a faithful performance bond to assure his f-ill and faithful performance
of this AGREME"NT. The oenai sum of sal.. faithful oe-f;^..ante and shall be _.:.e
full cost of any payment to be made under this AG2_.:=`!E-.17, he value tof any land
agreed to be dedicated, and any improvements to be Wade under t .is AG-2E ENT. In
the event that improvements are to =.e mace under t - s AC..='�`'_�:+., _.-_e :ev eloper
shall, in addition to said Faithful �-arforwarce file w_t h tan o C17 Y a _abcr and
?ldter-a_s bone _.. a penal sum adeq'-ate __ assure 'a=enz a__ __.;or arc
,materials required to construct said _Wprovenents . 'he amount of salt ponds seal__
be as designated by the City Engineer. Zaid bonds s :a:l be executed a sure:::
company authorized to transact a surety business in the State of ______-:pia and
must be approved by the City Attorney as =o form- and _`e C. ear as tJ
sufficiency. In the event that the Developer sha11 fail per orm _-e
covenants and conditions of this AGREZ'7 T, or to rake any oa -ment, any ledi_a-
tiou of land, or any improvements herein required, the CIA= shay_ :all on _ e
surety to perform AGREE:ILNT or other-wise _:demni_ t':e C_Y _or _-.e . evelooe_ s
failure to do so.
(b) In lieu of a surety bond, the Develcper ray elect to sec-re this
AGA.iLMIZ: T by deaosi _ng With the CI71'
_a_
;1) Cash; or, 0 •�l.l P �,c a�i�
(2) ?. shier s check, :r a certified check, payable to the order
of the CITY; or,
�3I :1 cH.___..ca6e o uepos4-.. , or _:.`JVbameib4. v _be :wG-V1..g L
requirements of Government Code Section 66499 (b) or
(c) The amount of said cash, :_necks , certificate of deposit, or instru-
ment of credit shall be as designated by the City Engineer, and s hal; -,a the equi•.-
alent to that which would nave been required had the Developer fur-.ished the CITY
with a surety bond. In the evert that t-e Developer shall fail f aith fi-ly to
perform the covenants and conditions of this AGRZZHE' T , or to make any payment , or
any dedication of land, or any improvements thereir. required, the __7Y may apply
the proceeds of said security thereto .
(d) No release of surety bond, Cash deposit , check , cr ter___-Cate o:
deposit , shall be made except upon appr--val of the City Council.
(e) No i..teres_ snail be pai-- 2r. anv deposit= - t = CI--
6 . CHE-E C"CI_dG A_iD ?EC71GN FEE
It is further agreed t.:lat Developer mall ^av any and all -:ecessarl direct
expenses for i-lspection , _ ecking, etc. , incurred ;Jy7 IiTY in COP.%eC i0^ .�.. saiC
?roject , and that Developer shall lave deposited air.. Cl": , prior to ea=__'tior
of this AGc2yE`,�dT . the amount as set forth herein at Page 2 (Par_ C; . mould con-
stn:ction cost vary materially from :he estimate from w'r._r.h said s•_m is =alculated ,
the City Engineer shall notify Developer of any additional sum due and owing as a
result thereof.
7. I1DIRECT =.XP-_-NSE=
It is further agreed that Developer shall pay to CITY , prior to execution
of this AGREF_%ENT, i..direct expense allocable to processing these impro:,eme^.ts ,
the a.^ount as set forth: *-erein at ?age 2 (?art mi) .
It is further agreed that the Developer s,-all deposit
to execution of this AGFZZ�Z- vl, for office checking )f final map and field
Pi.'Jt L
of street monuments, in compliance with Section L,:1 of ordinance No. 1-7
;revised 12/4/61) of CITY, the amount as set forth herein at Page 2
(Part I) .
$. DEL'ELOPMEv"T MAIti'TENA:`CE DEPOSIT
It is further agreed that the Developer shall pay to the CI--_',
prior to execution of this AGREE-ENT, the amount set =crt'n herein at ?age 2
(Part E) as a development maintenance deposit to insure prop-- dust cor:.t-ol
and cleaning during the construction period. The development maintenance
deposit may be utilized for repairs of defects and iyperfections ar___ng ___
of or due to faulty workmans"nip and/or ma:er'_als appearing in said 'work
during :he period until release of the _mpr_vemert �cndS the CITY .
the Developer complete _ae required repairs to the an--ire satis`act
the CLT`_', the :_,aused balance will be returned after :he re-lease of
improvement bonds.
9. STORM DRAINAGE DEPOSIT
It is further agreed that the Developer sna._ -'?posit w4, ::?
CITY, prior to execution of this ACRE-711E T, a storm drainage charge in
connection with said Project in accordance with the requirements establis.'.c�
by the Publ'.c Works Department in the amount as set for=:: herein at Page 2,
(Part F) . Said deposit shall apply against the storm dra-:n fE:e sett by t^e
revised `aster Plan Fee Schedule presently being established. Upon its
establishment, the Developer shall pay the balance, if :he fee is greater
than the deposit, and the CITY shall refund to the Developer :he d is:ere^.c a ,
if the fee is less than the deposit -
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10. ONE Y AR. POW R COST_
It is further agree,] that the Developer shall pa-." :o CITY prior
to execution of this AGREL 7— tree amount as set forth he: at Page 2
(?art G) , ;which, amount represents the power cost for street _fights for one
year.
11. FEFS FOR T,11E INSTALLATION OF STR.ET TREES
It is further agreed that the CITY small, at suc- time as deemed
appropriate by the City Engineer, plant and =aintain stree_ =_ces in con-•
formance «-th the standards of the Ci_v of Cupertino. As pa_ _ent for said.
-nstallat :n and maintenance by the C T'_', _re Developer sra:L pay to the
CITY, pL_.._ to the exacut_O. o: t;,is AGREE_-f-ENT, the amc7- •- 5 set forts':
re7e�n at ?age 2 ' art ..) , ::^_th a=ci,nt represents the :ee- _ :r _-stallaticn
a na: t_nance J) sa:_ trees , '.av:_nz '7ee1 �31=ll_. ._ef �_ _1e :nit
..
::ice o: __. .JU 'per tree.
?.kRK FEES
:_ is further agreed that the De•.e'_ per shalL ;ay such fees and;
or dedicate such land to the City, prior to execution, as _S required *wit:iin
"?ark I-edi_ation Ordinance" Number 602, _'s 2 and which is _ __.:.er sti?ulate.d
under ?art J. , Page 2 herein.
13. u.?.I.. TEN Os T=.* WOEt�{
It is further agreed that the Developer shall ::,taia the Work,
until all deficiencies in the Work are corrected to conform tt the Plans
and the CITY standards and specii:cations for the Work. 7:ire Developer shall,
upon written notice thereof, immediately repair or replace, .:trout cost
or obligation to the City of Cupertino, and the entire satisfaction of
said CIT'?, all defects and _=perfections arising out of or to faulty
:workmanship and/or materials appearing in said Work.
i
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14. SANITARY DISTRICT
It is further agreed that the Developer shall rile w_tSL CITY,
upon execution of this agreement, a letter from the Cupertino Sanitary
District stating tat the Developer has entered into a separate AGREEMENT
with the said District to install sanitary sewers to serve all lots within
said Project and stating that a bond to insure full and faithful -�erforraance
of the constructions of the said sanitary sewers and co insure maintenance
of said sanitary sewer in conformance with the provisions as set forth in
Paragraph 13 above has been fi1Fd.
15. GOVERN??Ely'T CODE
It is further agreed that Developer shall file with -_= , upon
execution of this zGREE?F_11T, substantial eviclerce that all --ns Dt
Section 66493, 3rtitle 8, Chapter L of the Government Code, pe__c_..._-, =o
special assessments or bonds, have been complied with.
16. CENTR.AL TIRE DISTRICT
It is further agreed that the Developer shall file w__h the
: Y, upon execution of this AGREEMENT, a letter iron the Central Fire
Protection District of Santa Clara County, stating that the Developer
has entered into an AGREyIENT with said District to install fire hydrants
to serve said Project and stating that all necessary fees have been deposited
with said District to insure installation and five (5) year rental fee of
said hydrants.
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17 LIGHTING
It is further agreed than. the Oev?loper shall apply for the - stallat.'..)n
of electric power for street —1- ighting at the earliest date possible.
1S• P.G.& E. AM P.T.& T.
It is further agreed that the Developer shall pay to Pacific Gas and
Electric Company and/or to Pa_if is Talephone and Telegraph Company any and all
fees required for installation of overhead and/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 is notiled
by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific
Telephone and Telegraph Company that said fees are dLe and payable.
19. ASE—MMTTS AYD RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessar-, for
completion of the Project shall be acquired by the Developer at his own _cst and
expense. it is provided, however, that in the event eminent domain pr: ,,ceedings
are required L,v the CITY for the purpose of securing said easement and right-of-way,
that the Developer shall deposit with CITY a sum covering the reasonable market
value of the land or000sed to be taken and to be included in said sum shall be a
reasonable allowance for severance da.^ages, if any. It is further provided that
in addition thereto, such suns as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as to CITY may
require shall be deposited with CITY.
20. HOLD HARMLESS
It is further agreed that, commencing with the performance of r,he 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 CI__' from and against any or all loss , cost, expense, damage or lia`__ cy,
or claim thereof , occasioned by or in any way whatsoever arising out of the ?er`_or-
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mance or nonperformance of the Work or the negligence or :willful ^.iseonduct of
the Developer or the Developer's agents, employees and independent contractors .
21. IySU'K. NCE
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 perfor-anre and maintenance of the Work called for or required to be
done hereunder, a policy of insurance naming the CITY and members of the City
Council of the Cit;i of Cupertino, Jrdi-,ik
lua11V and collectively,, and the officers ,
agents, and employees of the CITY individually and collectively, as insured. Said
separate police shall provide bodily injury and property damage coverage to the
foregoing named CITY and individuals covering all the Work performed by, for, or,
on behalf of said Developer. Both bodily injury and property damage insurance
must be on an occurrence 'oasis ; and said ool .ev or policies shall provide that the
coverage afforded thereby shall be priar coverage to the full limit Of liability
.stated in the d_c:araciins, and __ the 17Y, its members of -_hE Ccu^cil,
individually and ccilectively, and the officers , agents, and employees of the CIT't�*,
individually and collectively, have other insurance against the loss covered b;r
said policy or policies, that other insurance shall be excess insurance only .
(a) Zach of said policies of insurance shall provide coverage i: the
following minimum amounts. for bodily injury, $100,000 each person; 53C0,000 each
occurrence; property damage, $50,000 on account of any one occurrence with an
aggregate ii..it of mot less than $200,000.
(b) The Developer shall file with the City Engineer at or prior tc the
time of execution of this AGREEMENT by the ?eveloper such evidence of said foregoing
policy or policies of insurance as shall be satisfactory co said C.I t.7 Ing.,neer.
Each such policy or ?clicies shall bear an endorsement precluding the cance11aticr;
or reduction in coverage without g ,, :g the .it7 nl..'ee: a: least :s advance
notice thereof .
(c) In '_he a,rent that the Project covered 'herein should ':)e --utual`
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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
regsired herein and above sna11 co-name such aunicipality or politica- sub-
division and the provision set .forth herein and above for the procection of.
the City of Cupertino shall equally apply to municipality and political sub-
division.
22 D�':P21: T
It is further agreed that the Developer shall furnish, construct .and
install at his own expense, either upon six (5) months notice from the CITY,
in ;which event the :lot•': .must be completed within one (1) yez.r therea-fter , or
in the. absence of such notification, no later than five (5) years and six (5)
months from date of this GREEir:dT, the following iaprat�ements:
Asphalt str,ets, concrete curb and gutter, water lines,
barricades and other related standard street improvements as
Outlined by ::he Director of Public nor s.
Until such notification is made by CITY, or such time has elapsed,
Sections ,u.-:bered 2 thru 21 except 9
are hereby deferred. The Developer further agrees to cooperate, upon notice
by the CITY, with other property owr.,ers, 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, i:: this method is
feasible to secure the installation and constriction of the improvements .
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y3. SUCCESScas m.' win A:,m �` � •.ail t»�{:��(1
his Aa.=-4='r sham 1 bid the beaus, adn,i-4strators, executors .
successors, &ssigrs and transferees of Deaveeloge::. Zr is agreed and urzderstacd
that th-4z shall 9e fieed for record :n t!%e Cf.ice of .ha Cauntq
Recorder of the CauUC7 of Santa Clara, State of Ca—*49or: is and that the
coveaants in C;his AG"t a 1': shag: ran with the !sad, a description of whizh
is contained in Exhibit "A, which is attached hp.-eta and zAde a part ber.of
by reference, and are for the benefit of the: ogler ?ands in the City of
Cuper=ao.
IN 'vMZMR.OF, CIT? has caused its name to ve hereunto aff xed jv
its Xayor and City Clerk, thereunto duly authorized zy resolution of the. Ciro•
Council and said Developer has hereunto caused his zaze to be affixed the day
and ;dear farrst above written.
CZTT OF 1C::?Z2I=Z:3C
f t
By
Mapco r
By zi.-A� -
ty Clerk
Approved as to forma: DEV=0PMM
Florenr V. Fmrie z
--- ` � ✓ `�`1`.fit� '<° z ;. � r'
City Attorney
Alfred V. Benzo
l
Madelyn Benzo
Aek-:ewled3enents and ?Y.hibit(s) •Amix MW
attae::ed.
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ST3Tz OF CAL41-CRNL, ) _
COL-V._ ;or
vA '`arch ' , > 19 77 refore me, a enders:gned, a
Notar.-7 ?ublic in and for said State, personally appeared.
1?orcncn r, Franco, ?osc nranco ,
any =+a;4,e1-n ren7o
known to me to be the persons whose names are subscrdbed t a �i-••-:.
Instrument, and acknowledged to me that they executed the same.
WITNESS my :hand and official seal.
L III{fig;3;1P11{u1nn{{aeu{nee{{ee{eY{n�uotnut®
OFFICIAL SEAL
iMACHADO
,�. N /,FY PUBLIC c iir�awin No publ-'c i:l and for tale County
- .
of Santa Clara, State of California
�lUplYL{{i1{t-lit.}iAlf{H t- Fit Sf 1{{4f- NB{1{tFi®
CORpORATIO'� �CKVGw:�,�GE`!E:T
OF ICALI'FORNI a )
s s .
0-7
On , 19 , before me, the: undersigned, a 'v,otar'7
Public in and Tor the said State, personally appeared
known to me to
oe the of , tie
corporation that executed the within I hs tr'.iment, :now, to me -e _-e 7ers::!
who exec'lted the within Instrument, on behalf of _^.e Corncra__2^. :ere_ :d^e- ,
and acknowledged to me t'.^.at such Corporat-.)n executec the same.
IN WIT:dESS TIIE=, I have hereunto set my hand and aff'-xed m,
seal in the County of Santa Clara the day anc year ; n this cer=--_cote =i=sc
above written.
vocar7 ?ublic
cf Santa Clara, State a
NMI
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'Fo "I P /ti 9UX HOMESTEAD RVAD
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RESOLCT IO`: No. 4418 411 31.E
RESOLliTION OF THE CITY COL''.�CIL OF THE CITY OF C`UPERTI
APPROVING THE PARCEI• MAP AND THE DEFERRED I:IPROVL—MENT OF
Pr.' .D'!'Y L11..r.,i-iTED AT THE SOUTHEAST CORNER OF HOMESTEAD
ROAD Ai3D FR.yNCO COURT BY JOSEPH P. FRA_�CO, FL-I.J"CE E.
FRANCO, ALFRED E. BENZO AND `iADELYN BENZO ; AUT"HORIZ IN'G
THE CITY ENGINEER TO SIG\ THE PARCEL MAP AND Ai;THORIZING
EXECUTION OF AGREEMENT IN CONNECTIO` THERE:wiTH
Sv-EREAS , there has been presented to the City Council for- approval ana
authorization to record the parcel map of property located at the southeast
corner of Homestead Road and Franco Court by Joseph P. Franco, Florence L.
Franco, Alfred E. Benzc and Madelyn Benzo; and
WHEREAS , there has peen presented to the City Council a proposed agreement.
containing provisions for the improvement of said property on a deferred _oasis ,
and said agreement Ihaving be;_n approved b: the City At_orne_: ;
NOW, THEREFORE, 3E I' RESOLVED TH .
1. Said ?arcel - ap _= propert.: herein referred t- is hereb,' appr.c ;
?. The Cit Engi eer a-.d the Cit-y Clerk are hereby . •ic :orized
said aarcul
3. ile _'.a''"_)r an „_t' Clerk aLr !l r E 0 d111: _ 12 e :r_!_uL _ l
agreement hCr___. .�:erre•� au .
T. ounry
a...
\r I
PASSED of she
VoCe ".e:^berg o C,)a;nc +°r
.il -SJ ,a,,Ksor, lE.. 'r:3, ..Eii;.S, 1:.__._ .:, :`r-i1Cil
1 /�Ap�
ABSTAI` . `une
C
:.P?ROVED: c.0, -�
r_
s I Donald A. - is y
"avor , C:i.t%
is ,
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4
6 Cftq of Cupe "o
10300 -o-re Avenue
Cuper.mo, California 95014
Telephone (408) 252-4505
DEPARTMENT OF ADMINISTR LIVE SERVICES
April 7, 1977
Mr. George A. Mann
Santa Clara County Rccorder
70 West Redding St rect.
S-in Jost, Cal i.forn i ri 951.1.0
DOCUMENTS 1.O'R R1 COPDATION
Will you j%.L:aSe record thc' unclosed do.-umE.'nL., , a:; ioilow:
1. A,gruurnent by nnk: bctw�_c•n t-ht- Gity Of Cnj),�r-t :nc) and J��:��;�il P. Franco and
F.1 o lrr inco , and Al rev Bc nzo any ,
rend 1:. 1 i ;•truie1'rn Benz() , March 2
1.977.
Z. Corporrttic.n Gr;mt- Derd,'(it. d DeveIopTtu•nt. , inc. (:;arch 21 , 19771-' along
with Cc-t iCic:rt12 of AccF r 'i.1 'c and kc.: o1 ut.it n
LLLEN YAGN IN I —
DEPUTY CITY CLERIK
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enc•1s.
Cit4! of Cuperti"o9
TO: Ellen Pagnini, Deputy City Clerk
DATE: April 5, 1976
Our File: 51,230.4
FROM. Bert J. Viskovich, Dir. of Public Works
SUBJECT: Improvement Agreement - West Valley Shopping Center, Inc.
Carl's Jr. Project - Homestead and De Anza Boulevard
Transmitted herewith are the following items relative to the referenced
project:
1. Three copies of improvement agreement - minor, covered under the
provisions of Resolution No. 3339. Please return two copies to
this office after signature of City Attorney.
2. One copy - Certificate of Insurance with additional in.lured.
The Travelers
3. One copy - Certificate of Insurance
Insurance Company of North America, etc.
4. Two copies each Faithful :Performanr_e and Labor and Material bonds
Bond No. M.-NR 90 73 60
Insurance Company of North America
Please return one cop; after c—npletion.
sm
encl.
Cit4 of Cuperti»o
TO: Ellen Pagnini, Deputy City Clerk
DATE: April 5, 1976
Our File: 51,230.4
PROW 'tert J. Viskovich, Dir. of Public Works
SUBJECT: Improvement Agreement - Writ Valley Shopping Center, Inc.
Carl's Jr. Project - Homestead and De Anza Bouleva--d
Transmitted herewith are the following items relative to the referenced
project:
1. Three copies of improvement agreement - minor, covered under the.
provisions of Resolution No. 3339. 'Please return two copies to
this office after signature of. City Attorney.
2. One copy - Certificate of Insurance with additional insured.
The Travelers
3. One copy - Certificate of Insurance
Insurance Company of .North America, etc.
4. Two copies each Faithful Performance and Labor and Material bonds
Bond No. `t`R 90 73 60
Insurance Company of North America
Please return one copy after completion.
sm
encl.
D
F . THE
E TRAVELERS
a Certificate of Irsurance
'I his is to certify that policies of iusurtrice as det;cribed below have been issued to the insured named below anti are in fe:tce at this tirte-
If such polish: are eanceled -or chargert during the periods of coverage as stated herein, in such a manner as to:effect thin certificate.
10 DAYS Written notice will be mailed to the party designated below for whom this certificate is issued.
_l. Name and address of party to whom this certih<ate is issued 2. Name and address of insured
THE CITY OF CUPERTINO WEST VALLEY SHDPPING CENTER, INC.
r
(- P. W. SUPEW ARKET INC.
i THE CITY OF CUPERTI -40 2277 ALUM ROCK AVENUE
10300 TORRE AVENUE ! SAN .LOSE, CA 95116
CUPERTINO, CA
i
3. Location of operations tr, will, this certificate applies
FRANCO DRIVE, CUPERTINO
i. Coverages For Which
Insurance is Afforded Limits of Liability Policy Plumber Policy Period—
Workmen's Compensation and Compensation Statutor,
Employers'Liability in the state
1 named in item 3 hereof
Bodily Injury Liability
—except automobile
$ ,OOO each prr,r,t:
$ 000 each rxcnrrente
8 000 aggregatet
Wornpleted Operation,
eluding Protective and Product, onk
Property Damage Liability
--except automobile
$ .GGO ear h rw r ;rreru t'
i0ing Prutectice $ ,000 aggregate_
Bodily Injury Liability
—automobile $ .000 each per-in
$ 000 e--:. --ident
$ 000 each (x'Currencc
Property Damage Liability '
—automobile
a ,OGG each acci,lent.
$ 000 each UU_tlrreme
Liability (Bodily Injury and ;$300 000 each o<,;irrewc ' 650 199A960--) TIA-75 6-1-%5/76
Property Damage) 8300 000 aggregate
$ 000 each occurrence
Catastrophe or Excess $ 000 each aggregate
$ 000 deductible ant
'Absertrr-- of an vmrn in these:spare-. mean, that insurance is ant a lorded uith rt•,fxct to the( )%crage,oppo,ue thereto
"Polir i- effective and expire, at 1LOl A.`.1., standard time ,t the addre—of the narlle+d III- ;red as stated heieir,
Description of Of-wratiorri, or Atitotnobiles to which the policy applies
The insur4tncc•atforded is subject, to all of the terms of the policy, including endorsements, applicable thereto.
Praiucer__►iANMQNLERIDIAN INS. ASSOCIATES Uflic,. SAN OSF- SA Dat:e3-24-76_
EQUITABLE FIRi: AND MARINE: INSURANCE COMPANY THE TRAVELERS INSURANCE COMPANY
]EiA13QYl.7O!t1lIf�IAId LNBiti4ANCE ASSU('"1'1-!E TRAVEL FRS INDEMNITY COMPANY
flfE CHARTER f_tAX FIRE: INSUkA\CE CO-MlIA`'
ll��Y i- 1777 Mamiftrt Awnue. P 0. Bo, 5399
I.7 7T 1 .X..-o-ti-.. Sar- low C.attt -ta 951.50
v h Se larr, C tsti tlty`Property Department �� L ' 1 .mow.-,
s tit tt. . -tsa F -c, s ;r Secretor ', Casuals;-Property Departmen-
I6, trarl-:_ (,!•.i1.►t 11 !'I l:i'�)`F {•\Ii�f1 �F�it \ I ��n t,<,, 1
ADDITIONAL INSURED
f
THE CITY OF CUPERT I NO s MEMBEl,•C` OF THE CITY COUNCIL,
INDIVIDUALLY .AND COLLECTIVELY; ITS OFFICERS, AGENTS
ANDEMPLOYEES OF THE CITY, INDIVIDUALLY AND COLLECTIVELY.
APPLIES TO ALL WORK PERFOM•IED BY, FOR, OR 044 Lr_:v,LF sir PiEST VALLEY
SHOPPI.iG CENTER, I14C.
I T I S EI1P;,IER AGREED THAT TH 15 F'CjL1 Cy r v'LL Ut PP 11"APY ti v'E- -A is .
i
,
650 199A950-5 TIA4t.., r o,b. 75 1-.�,•� r 31-23-76
}
i
i
I
IHS C E COMPANY OF NORTH AMERICA
AND
Waft PACIFIC EM YERS GROUP OF INSURANCE COA&IES
CERTIFICATE OF INSURANCE
(This Cerfrfrcote of Insurance neither affirmatively nor negatively amends, extends
or often the coverage, limits, terms or conditions of the policies it certificates.)
is to Cerft to 3-24-76
COMPANY CODES
fTTHE CITY 0'• CUPERTINO } ALLIED INSURANCE CO
ID300 TORRE AVENUF
CUPERTINO, CALIFORNIA D] INA Of TEXAS
® PACIFIC EMPLOYERS INSURANCE CO.
INSURANCE COMPANY
® OF NORTH AMERICA
that the following described policy c►f policies, issued by The Company as coded below, rA' INA INS. CO. OF RUNOlS
providing insurance only for hatnrds checked by"X" below, have been issued to: `�
Name and Address WEST VALLEY SHOPPING CENTER, INC. AM a tNA INs. CO. OF oHlo
Of Insured--- P.W.SUPERMAIRKET, INC., 2277 ALIGN ROCK AVE., SAN JOSEP rrOTI�En. - SPECIFY;
covering in accordance with the terms thereof, at the following location(s):
FRANCO DRIVE, CUPERTINO, CA.
1 TYPE OF POLICY _ HAZARDS CO.COOP 'POLICY NUMBER POLICY PERIOD LfMITS OF LIABILITY
(a) Standard Workmen's ---ft--- I � statutory w. C.
nd
� Compensation b accident
Employers' Liability Aggregate Disease
6 Genee41 Liability
—'
Premises--Operations (including "In
cidental Contracts" as defined below) $ Each Person
a Independent Contractors ❑ f ❑ ❑) Accident
c f $ Each
Completed Operations/Products El El1 .( t Occurrence
Contractual, (Specii-c type as de-
scribed in footnote below) S Aggregate---Completed1-711i
_ Operations/Products
Premises - Operations, (IncludingAccident
"Incidental Contracts" as defined $ E"h
below) ❑
a{ ❑ { IL-, Occurrence
❑1 ❑ i
Independent Contractors $ Aggregate—Prem,Oper
—'{ Completed Operations/P-oducts �❑ ! ❑] 1 $ Aggregate—Protective
0, Contractual, (Specific type as de- j ! $ Aggregate--Completed
! 4 scribed in foots-1te below) ❑ j ❑ Operations/Products
f ) I
_ $ Aggregate---Ccntrac!ua4
(C) Autortto6 sjr ►.Dabfity I ❑ ! $ Each Person
s+(� Awned Auto ^bii.s El
�m Hired Automobiles LJ y ❑ $ Each Accident
i
Non-owned Automobiles ❑ j �❑ /[-, Occurrence
--- _ — i �- -- — — 1
Owned Automobiles El1 �
$
Accident
Each /
E� Hired Automobiles ❑ �, i
--- Occurrence
Non owned Automobiles
IJNBRELLA LIABILITY X I 9 BC 80440 p-1-73/75 $2,000,000 EXCESS OF
PRIMARY �
Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage s provided a, respects i a contract : (? purchase
order agreements / [) all contracts (check applicable blocks) between the Insured and:
Name of Other Party"
Dated 'if applicable): Contract No. (of any)
Description (or Job)'
)Definitions: "Incidental contract" means any written (1) lease of premises (2) easement agreement, a^cept in connectrun with Ctx151ructiJn .)r de-1•::t:,.n
operations on or adjacent to a railroad, (3) undertaking to Indemnify a municipality required by munecrral urdinance., e•cepi in
f:nr,t. 'tt
with work for the municipality, (4) sidetrack agreement, or (S)eleva for_main ignance agreements
It is the intention of the company that in the event of cancelation of the
Policy or policies by the company, ten O 0) days' written notice of such
cancelation will be given to you at the address stated above. ,1 1M11N8UHA11 W,epresentatr,-e
tC-+sesrz PRINteo tN u S A 1777 HAdtan AtImue.P.O. so
1. 0R.G114AL San.lose Cr:fi WnIg 96150
Cft4 ®f Cwperti"o
10300 Torre Avenue
Cupertino, California 9SO14
Telephone (408) 252-4505
DEPARTMENT OF ADMINISTRATIVE SERVICES
April 15, 1976
Mr. George A. ,Mann
Santa Clara County Recorder -
1'. 0. Box 738
San Jose, California 95106
DOUCMENTS FOR RLCORDA'i Wi:
1%1i11. you please recorci the enc.iused documents as follow;
i. Agreement by acid between Lire City of CuperLi.no and nest Valk-, _)tloppir:,,
Center, Inc. (April 2 , 1976)
Z. Agre.ement by anc' betwct2n Liic° Ci-LV of Cuj'lerti.n0 Zinc! Cll,,r;.es Ihrv:d sine
Guldic, Davis, h zs wife, as ,Joint LCIIai?LS , as LQ all utldl.`L.1:'d oilu-hilit
inrerest and John l�. Rintala and Sharon 1t:nt.,la, his :: i.tc a,, juil L
te:na,nts , as to all undivided one-half inter.e:.t. (Apri.1
ELLEi PAG INI .
DEPUTY CLPY CLERK
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I
BOND NO. JMR 90 77 60
l65.00
_ . _WEST �'Y'ALL,EY_ St -P_PlNu CENTER,AM.
INSlPRAME_CS)MPMY.-Of.iNDFJH...AWP-ICA. -
ELEVEN TN-'U$ANlD- AND NQ/100----__---_------ _-----�__- ------
-----__--_-------_______________________-_----
Street :Drovements on T'ranco Dri ve ad iaconC to Ilomestead ``�Oad
west of De •lnza Boulevard soutiie► 1y_ of °Eomesteac: oati
- Guth Jnv and Curtis, nc.
s
MARCH 1t
WEST VALE',' SHOF PINK., CENJER,
Z
INSLWrJNEE CC_hV4M OF .X)PTH At-I R Ci^1
a
Mt907360
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+.,-� .�.� <. � �-.. :_�.T �....'•: 1-,.�.7 .' � LL.: :..i,l-c �,._=L_,- .. 't2 1 ..,. �.i�,.. _ 1 ,.. .�,�_..t, �:.�.;i�-T.__Z- a
_1oi1.
., l�". 3 -'— • a t', .. ..�� _.i , 1:T:+`- .i'..a. _ _ <
r. Ir'SURANCE CCVPAl;Y f)F vOI iH_AME !C
Ti—oUSN-, AtID NC 10a—.__________ _____ ________-_,.—__--_--------__-----
�LEVEi i _—____
----------------------.-----_--____.__________
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. :it ,� t (�. - .. a, ,. ._ .�• .. _t: t.� .:,:,- .. a t...I: s s C� � _1f'�.x .. �.. ...1.'... s t�.t ,.
L,. L t i 5 22NQ a,i-- ,f MARCH - _ 1� i r
t,. 1 }
WEST VALLEY SNUPPI'JG CEt TER, II'C.
lit � R .
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PGrMM OF ATTORMY
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA. P.A.
noin all mtn tfjta pite>gtirlm hat the INSURANCE COMPANY OF NORTH
AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the C (y of
Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors
of the said Company on June 9, 1953.. to wit:
"RESOLVED, p rsusnt to Articles 3.6 and 5.1 of the By-La,,•-, 'hat the following Rules shall govern the execution
I for the Company of lends undertakings, recognizances, contracts and ol ar writings in the nature thereof:
(1) "Such writings sha=`- be signed by the President, a 'Vice President, an Assistant Vice President, a Resident Vice
President or an Attorney-in-Fact.
(2) "Unless signed by an Attorney-in-Fact. such writings shall h>"p the seal of the Con-ipany affixed thereto, duly
attested by the Secretary, an Assistant Secretary or a Resident Assistart Secretary. When such writings are signed by an
Attorney-in-Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method
of indicating use of a seal (as by writing the word. "Seal" or the letters "L.S." after his signature).
(3; "Resident Vice Presidents, Resident Assistant Secretaries and Attorneys-'In-Fact may be appointed by the President
or any Vice President, with such limits on their authority to bind the Company as the appointing officer may see fit to
Impose.
(4) "cuch Resident OfF,cers and Attorneys-in-Fact shall have authority to act as aforesaid, whether or not the President,
the Se.retary, or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu-
tion, the By-Laws of the Company, and any affieavit or record of the Company necessary to the discharge of their duties.
(5) "Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as
though signed by the President and attested by the Secretary,"
does hereby nominate, constiture and appoint HENRY P. ZANE, of the City of San Jose, State
of California
its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf, and
as its act and deed any and all bonds and undertakings in penalities not exceeding SEVEN HUNDRED FIFTY
T`iOUSAND DOLLARS ($ 750,000.00 ) each in its business of guaranteeing the fidelity of persons
holding places of public or private trust, and in the performance of contracts other than insurance policies, and
executing and guaranteeing bonds rr other undertakings not exceeding, SEVEN MiNDRED FIFTY TP011'SAND
DOLLARS ($ 750,000.00 ) Brach as afor•_sair!, required or permitted in all actions or
proceedings or by law required or permitted.
All such bonds and undertakings as aforesaid to be signed for the Company. and the eo : of the
Company attached': thereto b% the said Henry F. Zane, individually.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regular!,, elected officers of' the Company at its office in Philadelphia, Commonwealth of Pennsylvania,
in their own proper persons,
IN FITNESS "'HEREOF, the said HUGH M. SINCIAIR Vice-President,
has hereunto subscribed his name and affixed he corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this �Sr'h day of September 19 72
ItiS( RANCE COMPANY OF NORTE-i AMERICA
(S EA L;
i r_e_, r, dentSTATE OF f'E`:':,"i L�`.t::l.? i
COt•N'TY OF }1Ef1Ls.DLlJ'HfA;33
L%rth Ila-, cif at Ce,%}JE i 7? F t
(fin this P A (�. I J , a.ore thr subscnl:+:r, a tiu'.arp
i'uk>is of the ('arr,rri>>n+•a :r; .,, 1 tnr:, ..aL,:., in and or ti,r Cou;.t_ Pliilad('pi,ja, duly cornmissioned and qualified, name
iiUGH M. SINCI.AIR , Vice-President of the INSURANCE
COA9P,l.NX O` NORTH ANERICA eo in•e p.-rsona!ly knu+n to fin- t}.e individual and office:. described in, and who cxe;;uted
the preceding tcstrurnent, and he ackn,rut,•lg,d the (-xecuuon of Lae ame, and, bring by ma duly sworn, depc,seth and saith,
that. he .s the ,f`icer of the, Company af„rrs(1, and that tit.• .,e•al affixed to the pn•crdiug instrurnent is the ecrr;iurate s.:e.l of said
('ompany, and tic•said cii-purcte waI and his sign-ture as uffic%•r -.+ere duly affixed and subscribed to thr said .n5Lrurnf-nt by the
authority and direction of the said eorpora.ion, and that Resolution, adopted by the Board of Directors of said Cornpaoy, re-
ferred to in the preceding i nstrurnent, is now in force.
IN TE`7i 10-";Y WHEREOF, I have hereunto set my san tl`ii-.al seal at t�( iof hia,the day and y<.ar firstvrst aboe wnttrn.
F � notary.Publie.
�. � December I5th, 1975
} A . giant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
RNEY, of which the foregoing is a full, true a_d eerreet copy, is in full force wad effect.
bave hereunto subscribed my name as Assistant Eeeretary, and the corporate now of the
.22ND. ...day of MARCri 9...7
S9-2A rniMTgo IM U N
NO FEE TO BE CHARGED IN•
PLEASE RETURN TO: ACCO CE WITH GOVERNMENT
{' Catty of Cupertino CODE LION 6103
.0O3O0 Torre Avenue ��®����
FEE
Cupertino, CA 95014
AGttEEME .IT
This AGR - E`iT made and entered into this 'nd day of
April lg 16 , by and between the CITY OF CUPERTINO, a =i:nicipal
corporation of the State of California, hereinafter designated as CI "?, and
[BEST VALLEY SHOPPING CENTER, INC.
?
hereinafter designated as Developer.
WI N E S S E T H
«HEREAS, the Developer has made application to the CITY for ,-",,
BUILDING PERMIT
and is securing a building permit from CITY to construct and maintain a
COMMERCIAL DEVELOPMENT
hzreinaf ter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specif ca_icns
prepared for the Project by RUTH, GOING, and CURTIS ;
a true copy of said improvement plans and specifications are on file is the
office of the City Engineer of Cupertino; and WFIE_ ZAS, the same are incorporated
herein by reference, the same as though set out in full; now, therefore, said
improvement plans and specifications shall be hereinafter called "the ?lans,"
.i
and the work to be done under the plans shall be called "the Work."
WHEREAS, pursuant to the provisions of this AGREEME�n, the CITY hereby
r
establishes the amounts of Bond, Fees, and Deposit as set forth in the following j
schedule:
�M�T
.)t'
FEE
a7 ^
.'vim —`mod(4
SC'M LE OF BOND, FcES, AND DEPOSi_'S
PART A. Faithful Perlormance Bcnd: S 11,000.00
PART 3. Labor and Katerial 3ond: S 11,000.00
?ART C. Checking and Inspection Fee: $ 550.00
?ART D. Indirect CitT Expenses- S 82.50
PART E. Developmeat 4aintenance Deposit: S 250.00
?ART F. Storm Drainage Fee: $ N/A
?.A G. One Year Power Cost: S 36.00
?ART H. :tee Fees: $ 45.00
?ART 1. `!ap Checking Fee: S NIA
?ART J. ?ark Fee: $ N/A
Area
NOW, THEREFORE, IT IS =TREBY nTtiALLY AGREED by and between the parties hereto
as follows, TO-WIT:
CATION
(a) T- Developer of` ^.e real propert;� shown on
:chich is attached ":eret�and made a part hereof by ref ere
r
-2-
of 8 Pant?9Z
edicated prcparty shall be free and _!ear of all liens or enc,,=brances excep
thos which the CITY shall expresalv naive in writing. The Developer ag es not
to rep aid offer of dedication, and to 'keep said offer open unto the CITY
accepts said o er by resolution.
(b) Upon ecution of this ACRELMM- 11 the Develop agrees to deliver
a properly executed gran deed to the CI179. of the rea roperty described in
Exhibit "A", and such other cuted conveyances, r instruments necessary to
convey clear title as herein requi_ d. The , veloper shall provide, at the
Developer's sole cost and expense, to t CITY: ,
(1) A preliminary ti- a repor issued by a title insurance -company
relating to the propertq f ered for ication; said Prelimiaar • Title
Report Shall be furni ed
(2) A Stan d policy of title insuranc issued by a title insurance
company and in ing the C177 in the sum of S , and
which shall .ow said proper:-i free and clear of a_' tiers or enc=brances
except tho as the C17Y shall expressly waive to wr. ing; said policy
shall b -urnished at the time of acceptance o: dedicat n and recordation
of de .
Upon the condicicr. precedent that the Developer shall per_ rm each
and e, ry covenant and condition of this ACREL4E 'T, the CI-7-7 agrees to accep said
r 1 propertq offered for dedication.
2. INSTALLATION '7F WORE
It is furt er agreed *hat:
(a) The Developer 3ha11 install and complete the 'pork within one (1)
year from the date of execution of this A.CR-72-M T, or such longer period as may
be specifically authorized in writing by :he City Engineer. In the event the
Developer fails or refuses to complete the 'pork within t':a specified period of
time, the CITY, at its sale option, shall be authorized to complete the 'pork in
whatever canner the CITY shall decide. In the event the CITY completes the Work,
the C17Y may recover any and all costs incurred thereby from the Developer or the
Developer's surety or both.
-3-
®fib PAU,
(b) The Developer shall install and complete the 'Work in a good and
workmanlike manner in accordance .rite: the plans as approved by the City Engineer
of Cupertino. The Work shall be done in accordance with existing ordinances and
resolutions of the City of Cupertino, and in accordance with all plans, specifi-
cations, standards, sizes, lines and grades approved by the City Engineer. The
'Work shall be done in accordance with all State and Count? Statutes applicable
thereto. The decision of the City Engineer shall be final as to whether any
material or workmanship meets the standards, specifications, plans, sizes, lines
and grades as set forth.
(c) It is further agreed that the Work shall be done in accordance :pith
the Standard Specification - of the Department 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-
dence over and be used in lieu of such conflicting portions.
3. EXCAVATION P7_R.`diT
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 comaence.
a. OUITCZAMI DEED C 068 M-01296
It is further agreed tint Developer, when requested by _he CITY, shall
quitclaim all his rights and interests in, and shall grant to CITY authorization
to extract •cater from the underground strata lying beneath. said protect and
Developer agrees to execute a "Quitclaim Deed and Authorization" in favor of
CITY, when presented to him for signature.
S. BONDS L= OTHER SECURITY
(a) Upon the execution of this AG_R_---XE 3T, the Developer shall file witbL
the CITY a faithful performance bond to assure his full and faith-ful performance
of this AGREE°iiE:M The penal sum of said faithful performance bond shall be the
full cost of any payment to be made under this AGREEiF.TT, the value of any land
agreed to be dedicated, and any improvements to be made under this AG:t_M-F vT. In
the event that improvements are to be made under this AGREMM=, the Developer
shall, in addition to said faithful perforance, file with the 'CITY a labor and
materials bond :n a penal sum adequate to assure full payment of all labor and
materials required to construct said improvements. The amount of said bonds shall
be as designated by the City Engineer. Said bonds shall be executed by a surety
company authorized to transact a surety business in the State of California and
must be approved by the City Attorney as to form and by the City _ngineer as to
sufficiency. In the event that the Developer shall fail faithfull to perform the
covenants and conditions of this AGREE%E`iT, or to make any payment, or any dedica-
tion of land, or any improvements herein required, the CITY shall _all on the
surety to perform this AGREEMME 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
AGREEKE:IT by depositing with the CITY:
C 008 A4f1297
(1) Cash; or,
(2) A cashier's check, or a certified check, payable co the order
of the CITY; or,
(3) A certificate of deposit, or iascrument 7,�r zredi: meeting the
requirements of Government Code Section 66499 (b) or (c) .
(c) The amount of said cash, checks , certificate of deposit, or instru-
ment of credit shall be as designated by the Ci.-.y Engineer, and shalt be the equi,,r.-
alent to that which would have been required had .he Developer furnished the CITY
with a surety bond. In the event that the Developer shall fail faithfully to
perform the r.ovenants and conditions of this AGREZ-HENT, or to make any payment , or
any dedication of land, or any improvements therein required, the CITY mar 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 or. the City Counc_l.
(e) No interest shall be paid on any security deposited with _`-e CITY.
6. CHECKING An INSPECTION NEE
It is further agreed that Developer shall pay any and all ^ecessar-.r direct
expenses for inspection, checking, edc. , incurred by CITY in connection with said
Project, and that Developer shall have deposited with CITY, prior to execution
of this AGREEMNT, the amount as set forth herein at Page 2 (Part C) . -Should con-
struction cost vary materially from the estimate from which said sun is _aicslated,
the City Engineer shall notify Developer of any additional sum due and owing as a
result thereof.
7. IVDIRECr EXPENSES
It is further agreed that Developer shall pay to CITY, prior to execution
of this AGREE,LIENT, indirect expense allocable to processing these improvements ,
the amount as set forth herein at Page 2 (Part ) .
7A. HAP FILING FEE •
It is further agreed that the Developer shall deposit With CI.":, prior
to execution of this AGREE-MNT, for office checking of final map and field checking
of street monuments, in &l1ance with Section 4.1 of nce No. 47 (Revised
12/4/61) of CITY, the amount as set forth herein at Page 2 (Part I) .
S. DEVELOPME:1T i1AINTENANCE DEPOSIT 4U8 PAGI, �'_j
C
It is further agreed that the Developer shall pay to the CITY, prior to
execution of this AGREMENT, the amount set forth herein at ?age 2 (?art E) as a
development maintenance deposit to insure proper dust control and cleaning during
the construction period. The development maintenance deposit may be utilized for
repairs of defects and imperfections arising out of or due to faulty workmanship
and/or materials appearing in said work during the period until release of the
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 DRAIYAGE FEE
It is further agreed that the Developer shall prey to the CITY, prior
to execution of this AGREEMMENT, a storm drainage charge in connection with said
Project in accordance with the requirements established by Section 13:5 of Ordinance
47 (Revised 12/4/61) of CITY in the amount as set forth herein at Page 2 !Part =} .
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 ?age 2 (Part } , which
amount represents the power cost for street lights for one year.
11. FEES FOR THE INSTALLATION OF STREET TREES
It is further agreed 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 AGREMIEIT, the amount as set forth herein at Page 2 (Part H), which amount
represents the fees for Anstallation and maintenance of said street trees, having
been calculated at the unit price of $15.00 per tree.
12. PARE FEES
It is further agreed that the Developer shall pay such fees and/or dedicate
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C 068 r$�f290
such land to the City , prior to execution, as is required -.;it:^ . "?ark Dedlcation
Ordinance" lumber 602, 1972 and which is further stipulated under Dark . , 'age
herein.
13. `lALVTMA.ICE OF THE *,MRK
It is further agreed that the Developer shall maintain the Work, un1-61
all deficiencies in the Work are corrected to conform to the ?fans and the CITY
standards and specifications for the Work. The Developer shall, upon written
notice thereof, immediately repair or replace, without cost or obligation to the
City of Cupertino, and to the entire satisfaction of said CITY , all defects and
imperfections arising out of or due to faulty workmanship and/or materials appear-
ing in said Ito rk.
14. SA;NTITARY DISTRICT
It is further agreed that the Developer shall file with CITY, -:pan
execution of this AGRE'E.`SEN"r, a 'letter from the Cupertino Sar__a^T Distri:._
stating; that the Developer has entered into a separate AGREEHEN7 with the said
D,istr:_= to 4-n.:sta11 Sanitary sewers to serve all lots within said ?roject and
stating that a bond to insure full and faithful performance of t:.e constructions
of the said sanitar., sewers and to insure maintenance of said sanitary sewer in
conformance with the p>ovisions as set forth in paragraph No. 13 above has been
filed.
15. GOVEIRN' NTT_ CODE
It is further agreed that Developer sliall file with CiT'f,, upon execuc-4-a
of this AGRE ` ET7 , substantial evidence that all provisions of Section 66493,
Article 8, Chapter 4 of the Goverament Code, pertaining to special assess=:ents
or bonds , :nave been complied with .
16 . CEti'LRAi TIRE DISTRICT
It is further agreed that the Developer shall :_1e with the C=TY , Upon
execution of this 3GREEMENr, a letter _rom the Central .ire ?rocection D str__t
of Santa Clara County, stating that the Deve'_cper has entered inco an ?,GRrZ�EVT
with said District to install :ire hydrants to serve said ?rojzct and stating _.hac
all necessary fees have been deposited with said District co insure installation
a,d f it a (5) year d enta1 fee of said hydrants. C 068 MUM)
1; 5TIt..ar l i.IGSTLYG
It is f,-trther agreed that the Developer shall apal y for the installation
of eleccic power for street lighting at the earliest date possible.
1S. P.G.& E. A:2D ?.T.& T.
Pt is further agreed that the Developer shall pay, to ?acific Gas and
Electric Company and/or to Pacific Telephone and Telegraph Company any and all
fees required for installation of overhead and/or underground �rir: , :ir_�:4 is to
all electroliers within said property and any and all fees required for --nder-
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"cr ?acific
Telephone and Telegraph Company that said fees are due and pavab:`�e.
I.9. EASEMENTS A_NT RIGHT-OF-WAY
It is _`urther agreed that any easement and right-of-way necessar-, for
completion of -he ?ro'ect shall be ac='rad ':)v the Developer at is own _ost and
expense. It is provided, however, that in the event eminent domain proceed::,gs
are required by the CITY for the purpose of securing said easement and r,3 of-way,
that the Developer shall deposit with CITY a sum covering the reasonable _artet
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 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 t:-e ::__ may
require shall be deposited with CITY.
20. HOLD :TAIMLZSS
It is further agreed that, commencing with the performance of' _::e work
by the Developer ^.r his contractor and continuing until the completion of :he
maintenance of the ::crk, the Developer shall indemnify, :old harmless and _`ef end
the CITY from and against any or all loss, cost, expense, damage ):-
or claim thereof, occasioned by or in any way whatsoever arising out c* _:-e perfor-
-9-
G 068 MUE301
zance or nonperformance of the pork or the negl' gence ,or :t{llfui zisconduct o_
the Developer or the :eveloper's agents, employees and independent contractors .
21. INSMR-A"NCE
It is further agreed that: '.4e Developer shall take out, or shall require
any contractor engaged to perform the 'Work to take out, and :aintain at all nines
during the perfor=ance and 3aintenance of the pork called for or requires to be
done hereunder, a poL:.7 of insurance naming tine :17Y and merbers of t e City
Council of the City of Cupertino, individual.", and collect-vely , and the ._'__ers ,
agents, and employees of the CZT? individually and collectively, as insured. Said
separate policy shall provide bodily injury and property damage _overage :o the
foregoing named CITY and individuals covering all the Work performed by, for, or
on behalf of said Developer. Both bodily injur-s and property damage insurance
must be on an occurrence basis; and said poiicv or policies -all provide that the
coverage afforded there; shall be primar ccvera,e to t'.;e f___ 14 a:4 _ o __a _,_
stated in the declarations, and if the C17Y, its members of the City ..ounci
iadividually and collectively, and the officers , agents, and P-=:)1oyees cf _:^e :TV,
individually and collectively, have other insurance against tine loss coverer �y
said policy or policies, that other insurance shall be excess insurance
(a) Each of said nol_cies of insurance s`:ai_ provide coverage in
sollowing 3inimum amounts; for bodily in4ur-, , 5:^0,C00 each person, S300, .0 each
occurrence; property dar_age, S50,000 on account JL any one =:,L rence :J an
aggregate limit of not less than 3200,000.
(b) The Developer shall :_le with the :._t; Engineer at or prior to _ne
time of execution of --'-is AGREEX- N7 by the 'Developer such evi�ence of Said _..rezoi.^.g
policy or policies of insurance as shall be satis`ac_or., :o saidd
Each such policy or policies seal bear an endorse=ent preci-_,ding the :ance__a:_on
or reduction in coverage :ri_:tout 3_ving the __:, Engineer a: _east __ days ac-lance
notice thereof.
(c) in the event that the Pro?ecc co•;er_d '-erein '--e
_10-
C 068 aaf�3G�
situated in or affect the area of 4urisdiction of a separate or
political subdivision of the State of California, the policies of insurance required
herein and above shall co-name such municipality or political subdivision and the
provision set forth herein and above for the protection of -he City of Cupertino
shall egvallq appiq to municipality and political subdivision.
22. SUCCESSORS
This aGREE4LNT shall bind the heirs, administrators, executors , successors ,
assigns and transferees of Developer. The assig=ent if :his AGREEMENT shall not be
made without approval by the City Council of CITY.
0 WITNUS III ERHOF, said CITY has caused its ==, to be hereunto affixed by
its City Engineer and City Manager, thereunto duly authorized by resolution of the
City Council and said Developer has hereunto caused his lame to be affixed .he av
and year first above .mitten.
1.-7.Y OF =ZRT::;j
3y
, A66Z7 �
Ci izeer
By
!-tanager
Approved as to form: D7- .EL OF
r �Z
City Attorney
>4-
-I1-
STATE OF CAMFORMA )
COUNTY OF SANTA CLARA)ss C 468 FAR
' On March 23, 1976, before me , the undersigned, a Notary Public in and for
said County and State, personally appeared 3 Vanderlaan known to me to
be the person whose name is subscribed to ttre within instrument as witness
thereto, who, being by me duly sworn, dept,sed and said That he re,ides in
Santa Clara County, that he was present and saw Joseph P. Franco, known to
him to be the President of the corporation that executed the within instru—ment
and also known to him to be the person who executed the within instrument
on behalf of the corporation therein named and acknowledged to me that suc`,..
oa.orporation executed the same .
1 Beth Kurger Notary Public
f C. .unisawn h x,i f's,Jewry e:, r
STATE: 0? CALIFORN A. )
C 068
1 33.
COtJ:7?°'_' ^F A:rT�. CI.A1�'�) a��•3��.
on , 19 before me, the undersigned, a
Votary ?ublic in and for said State , personally appeared
known to me :o be the persons whose names are subscribed no the within
Instr=ent, and acknoc:ledeed to me that they executed the same.
'W17NESS my hand and official seal.
Notary ?ublic in and for the County
of Santa Clara, State of California
CORPORATION MNIOVLEDGE24ENT
STATE (;- CyLI?CRNI.k )
ss.
COUNTY Or S 1_';1? CiBRA)
On 19_, before me, the undersigned, a lctary
Public and for the said State, -personally appeared
knCwr'i to me to
I
be the of _ , the
corporation that executed the within I:tstrument, known to =.e to be t-e person
who exacuted the within Instrument, on behalf of the Corporation '.^erein named,
and acknowledged to me _hat such Corporation executed the see.
IV WIT'NESS nY. O', I have hereunto set :ny hand and af�4ixed my o_:i cial
seal in the County of Santa Clara the day and ,year i, this certificate first
above written.
Votary Public in and cnr the County
of Santa Clara, State cf California
-12-
RESOLUTION NO. 3319 C 068 nk,A 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANTAGER TO EXECUTE ..INOR IMPROVE:�ENT
AGREEIFMS NOT INVOLVING LOT SPLITS
WHEREAS, the present policy of utc 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 agreements involve minor improvements not requir-
ing lot splits ; and
WHEREAS, the conditions precedent to issuance of a building permit
under the terns of the Unimproved Street Ordinance 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 items which
may necessitate dela;-s in implementation of projects ; and
WHEREAS, the City Attorney has rendered the opinion that the policy
of approving such minor improvements may be adj,-sted to allow the City
Manager the authority to enter into agreements on behalf of the City which
stipulate the necessary require-:ents ;
NO`:., TIIEREFCRE, BE IT RESOLVED that the City Council does hereby ap-
prove the policy authorizing the City :tanager to execute -inor improvement
agree-ents not involvi, g lot salzts in accordance with the conditions out-
lined in the i.;ni-:proved Street Ord finance No. 546. All Minor improvement
agreements executed by the City :,tanager shall be reported to the City Coun-
cil at its next meeting.
PASSED AND ADOPTED at a regular meeting of the City Council of the. City
of Cupertino on the `:h day of 1972,. by the following vote:
AYES: Councilmen - Irwin, Jacr_son, Meyers, Sparks, Frolich
NOES: Councilmen
0
° ABSENT: Councilmen - None
ATTEST: APPROVED:
0
• s� iM. E. Ryder /s/ Donald A. Frolich
City Clerk Mayor, City of Cupertino