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CC Resolution No. 98-153RESOLUTION NO. 98-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 9077, OAK VALLEY, UNIT 4, 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. 9077, Oak Valley, Unit 4, located on Cristo Rey Drive, showing certain avenues, drives, places, and roads by The O'Brien Group, a California 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. 9077, 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. 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. 98-153 Page 2 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: Vote Members of the City Council AYES: BURNETT, DEAN, JAMES, STATTON, CHANG NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: ayor, City of Cupertino ~) Resolution No. 98-153 Page 3 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tract No. 9077, Unit 4, Oak Valley The O'Brien Group LOCATION: Cristo Rey Drive A. Faithful Performance Bond: Onsite Improvements: Grading: Landscape: (Tree pockets and sidewalk improvements): Joint Trench: SEVEN HUNDRED SEVEN THOUSAND AND 00/I00 DOLLARS B. Labor & Material Bond: Onsite Improvements: Landscape: (Tree pockets and sidewalk improvements): SEVEN HUNDRED SEVEN THOUSAND AND 00/100 DOLLARS $707,000.00 $183,000.00 $ 31,000.00 $212,000.00 $707,000.00 $ 31,000.00 N/A E. Development Maintenance Deposit: THREE THOUSAND AND 00/100 DOLLARS $ 3,000.00 F. StormDralnage Fee: Basin2 $19,221.00 NINETEEN THOUSAND TWO HUNDRED TWENTY-ONE AND 00/100 DOLLARS G. One Year Power Cost: FOUR HUNDRED FIFTY AND 00/100 DOLLARS H. Street Trees: I. Map Checking Fee: NINE HUNDRED THIRTY-TWO AND 00/100 DOLLARS J. Park Fee: Zone I K. Water Main Reimbursement: $ 450.00 By Developer $ 932.00 N/A D. Indirect City Expenses: C. Checking & Inspection Fees: $ 39,737.76 THIRTY-NINE THOUSAND SEVEN HUNDRED THIRTY-SEVEN AND 76/1 O0 DOLLARS Page 4 L. Maps &/or Improvement Plans: As specified in Item #23 of agreement * Three (3) lots shall be dedicated to the City of Cupertino, Lot No. 2 and Lot 13 in Neighborhood 3, Lot No. 11 in Neighborhood 2. No final inspection and/or occupancy shall be issued after twenty-five percent (25%) of the total units (Unit I-5) without the water tank being built and put into operation. Prior to beginning construction, all the fees will be paid at the then current fee schedule and bond shall be provided to the City based on the updated engineer's estimate. Landscape bond can be replaced in portions as lots are being developed.