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CC Resolution No. 98-151RESOLUTION NO. 98-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 9075, OAK VALLEY, UNIT 2, LOCATED ON CRISTO REY DRIVE; DEVELOPER, THE O'BRIEN GROUP, A CALIFORNIA CORPORATION; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 9075, Oak Valley, Unit 2, located on Cristo Rey Drive, showing certain avenues, drives, places, and roads by The O'Brien Group, a Califomia Corporation; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT Said final map and improvement plans of Tract No. 9075, be and the same are hereby approved. Said final map shall be recorded subject to payment of fees and bonds and approval of the Board of Supervisors regarding agreement made by the County of Santa Clara, City of Cupertino, and the developer as required by conditions of approval of the approved tentative map. c. The offer of dedication for roadway and for easements is hereby accepted. The City Engineer and the City Clerk are hereby authorized to sign said final map. e. The City Engineer is hereby authorized to sign the improvement plans. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. - Resolution No. 98-151 Page 2 Vote AYES: NOES: ABSENT: ABSTAiN: PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of June, 1998, by the following vote: Members of the City Council BURNETT, DEAN, JAMES, STATTON, CHANG NONE NONE NONE ATTEST: Resolution No. 98-151 Page 3 EXHIBIT "A' SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: LOCATION: Tract No. 9075, Unit 2, Oak Valley The O'Brien Group Cristo Rey Drive A. Faithful Performance Bond: Improvements: $ 490,000.00 Landscape $ 24,500.00 Joint Trench: $122,000.00 FOUR HUNDRED NINETY THOUSAND AND 00/100 DOLLARS B. Labor & Material Bond: Improvements: $ 490,000.00 Landscape $ 24,500.00 FOUR HUNDRED NINETY THOUSAND AND 00/100 DOLLARS C. Checking & Inspection Fees: $ 25,725.00 TWENTY-FIVE THOUSAND SEVEN HUNDRED TWENTY-FIVE AND 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: THREE THOUSAND AND 00/100 DOLLARS $ 3,000.00 F. Storm Drainage Fee: Basin2 $ 17,415.00 SEVENTEEN THOUSAND FOUR HUNDRED FIFTEEN AND 00/100 DOLLARS G. One Year Power Cost: THREE HUNDRED AND 00/100 DOLLARS $ 300.00 H. Street Trees: By Developer I. Map Checking Fee: FIVE HUNDRED SIXTY-THREE AND 00/100 DOLLARS $ 563.00 J. Park Fee: Zone I * K. Water Main Reimbursement: N/A Resolution No. 98-151 Page 4 Maps &/or Improvement Plans: As specified in Item #23 of agreement Water Tank Reimbursement: See Tract 9054 Agreement * Three (3) lots dedicated to the City of Cupertino, Lot No. 2 and Lot 13 in Neighborhood 3, Lot No. 11 in Neighborhood 2. Developer agrees that the City will record, at its discretion, Tract No. 9075, and fees and bonds will be due prior to issuance of building permits in this event. No building permit shall be issued after twenty-five percent (25%) of the total units are finaled without the water tank being built and put into operation.