CC Resolution No. 295I
RESOLLT (94 NO.,,_ ,V7
A RESOWTION OF THE CI'LY COUNCIL OF THE CITY OF
aVERTINU APPROVIM3 F! MAP OF TRACT NO. 2705
PACIFICA SUBDIVISION LWIT NO. 3 ArVEPTING CERTAIK
DRIVES. OataRTS 1�% ^, 1 ; AUT14MIZING THE CITY
3INEE -9 TH r-PV ISOWNT �C TO SIGN THE FINAL ii s
AND AUTMRI7.'iNtiG A� IN CONNECTION THBiEWITH.
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WiFEREAS, there has 'bm.41'i - presented to the City Council for
tpp."aal and for authorialki�in to record a final snap . flf Tract No.
27M, tgi. ;1tica Smbdivistor,, Vnit No. 3, shoving certt:in' drives,
& -Pmus and roads; and
VAEREAS, there has been presented to the City Council
proposed agreement for the construction of storm sewers and drains
ar.� fux other improvements, including streets, curbs, and gutters,
ara goad and sufficient bonds having been presented for the
fal thful performance of said work and the carrying out of said
ag--eewent; and said map, agreement and bonds having been approved
by the City Engineer and by the City Attorney; now, therefore,
Ww ZT RE, 4- -6, that said Final Map of Tract No. 2705,
Pacll f.c.a Subdivi.= ,n, Unit No. 3 be and the same is, hereby,
ap rovad; and :h-? drives, avenues and roads shorn thereon be
arc- the same are hereby accepted; and the City Engineer and the
City Clerk are hereby authorized to sign said Final Map; and
tFt+� Mayor and the City Clerk are hereby authorized to execute the
aL .jw vement herein referred to in behalf of City of Cupertino.
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WILSOLUT ISO.._ OONT f D.
PAS QED AKA) ADOPTED tt�is . &L . day of ..._ • � .,,,...„,.._• 1960,
by the f- b2lowing vote N*t ANES: Co uncilmen, .o if '''` I f 1
S"iC►ESS Councilmen
ARSE T s Caanc i lmen
APPROVED:
MajM
ATi:,STs
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AGiREEWENT
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Thin Agreement„ made aawJ entered into this It day of
1961% by and between the CITY OF CUPERTINO,
,i acipal corporation of the Siate ,of California, hereinafter
signated as 'CITY", and ELEWALE LAND OOH %PANY, a corporation,
keze1nafter designated a$ •SUBDIVIDER",
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W I T N E S S E T H
WHEREAS, said Subdivider desires to subdivide certain land
within said City of Cupertino in accordance with the map hereto -
a
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fore filed with the City Council of the City of Cupertino, marked
and designatec "Tract No, 2715, Pacifica Subdivision, Unit No. 3;
rCupextino, Ca: fornia; and
WHERE',,:, said map shr,ws certain drives, and ways which are
-offered for cezication for public use; and
WHERE #:, said Subdivider desires to construct dwellings on
the lots in siriz Tract No. 2705;
NOW, _RE►=ORE, IT IS Hr'_REBY MUTUALLY AGREED by and between
the parties h.-.?to as follows, to wit:
(1) consideration of the approval of said map and the
acceptance,, cn behalf of the public, of the drlves, ways, and roads,
suffered for c cication, that the Subdivider will construct at his
vrm proper cc ;: and expense within and adjoining said Tract No.
improve=i nt s as follows.-
FIRS';: Construct City of Cupertino Standard separated
thirty -inch (30 vertical Portland Cement concrete curbs
and lutters d !`camr and one- foot. (43� Portland
Cemen concrete sidti elks, together with a Portland
Cement concrete driveway for each lot extending from the
bock of curb thrcu9b the 4ntire width of sidewalk as
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follows $
On the easterly and westerly sides of SIERRA ilADRE
WAY, IBS PADRES MAY, and WHITNEY WAY all for their
full - lengths within the Subdivision; and
On the northerly and southerly rides of PACIFICA
DIVE; all for its full length within the subdivision,
and that section over the existing culvert at Regnart
Creek westerly from the terminus of Pacifica Drive within
Tract No. 2248.
SECOND: Construct City of Cupertino standard pavement
consisting of eight inches (8 compacted untreated rack
base and two and one -half Inches (21 ") hot plant - mixed
bituminous surfcce as follows:
On P :L;IFICA DRIVE, SIERRA MADRE WAY, LOS PADRES
WAY, and WHITNEY WAY, for their full lengths and widths
between gutters within the subdivision, and that section
of PACIFICA DIVE over the existing culvert at Regnart
Creek westerly from the terminus of PACIFICA DRIVE
within Tract No. 2248.
THIRD: Construct City of Cupertino standard manholes,
catch basins, storm sewers and appurtenances to sizes and
grades as approved by the City Engineer, and as shown
on the approved improvement plans for said Tract No. 2705.
FOURTH: Construct City of Cupertino Standard gwird fence,
as follows:
Across the northerly ends of SIERRA MADRE WAY,
LOS PADRES WAY, and WHITNEY WAY and across the
southerly end of WHITNEY WAY.
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FIFTH: Grade all lots, to drain into streets.
SIXTH: Provide and install City of Cupertino Standard
monuments, monument boxes, "not a through street"
signs, and street name signs and posts as required
by City Engineer.
SEVENTHoProvide and install City of Cupertino Standard
electroliers.where required by City Engineer.
EIGHTH: Provide and install or cause to be installed
water distribution system, including fire hydrants, to
serve all lots within said Tract No. 2705; the number
and location of fire hydrants to be determined by the
Central Fire Protection District of County of Santa
Clara.
NINTH: Provide and install sanitary sewerage system to
serve all lots within said Tract No. 2705.
(2) It is further agreed that all of said improvements
shall be completed within twelve (12) months from the date first
above written, provided however, in the comp - station of said
tivelve -month period, delays due to or caused by Acts of God,
viz, major strikes or other delays beyond the control of the
Subdivider shall be excluded.
It is expressly understood and agreed that if Subdivider
shall fail to complete the work required by this agreement within
the said period of twelve (12) months of the date hereof., the City,
after giving ten (10) days' written notice thereof to Subdivider.,
:nay complete the same and recover the full cost and expense thereof
from the Subdivider.
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(3) it in further agreed that all of said Improvements
• s!(A 11 be constructed in accordance with the final plans as approved
by Uie City Engineer of Qrpartino, and shall bQ made under the
i-ns pection and to the satisfaction of the City Engineer. It is
father agreed that said construction be in accordance with exist -
iriq Ordinances and resolutions of the City;1of Cupertino, and to
all plans, specifications, standards, sizes, lines and grades
approved by the City Engineer and all State and County statutes
applicable thereto.
(4) It is further agreed that the construction work of
the improvements embraced by this Agreement shalt, be done in
accordance with the Standard Specifications of the Department
of Public Works, Division of Highways, State of California, dated
January. 1960, and in accordance with the specifications of the
City of Cupertl ), anc: the Cupertino Sanitary District where
applicable.
WhOrever the words "State" or "Division of Highways" are
cn , en,tioned 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
a% referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the City of Cupertino and the Cupertino Sanitary
District, the specifications of the City of Cupertino and the
C;pe rtino Sanitary District shall take precedence over and be usod
In lieu of such conflicting portions.
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1 (5) It is further agxv*d what this fmhlivider shall c.ntaply;
vdtb Section Two of Ozdinani;e No. 44 of City of Cupertino by obta•in-
' 1Aq on excavation Rexvdt frsma the City Superintendent of Streets
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bofors the commencement of any excavation in, on, or under the
*4mf #co o'i any existing public strese;t, lame, allay, sidewalk„ o
other public place. It is further agreed that Subdivider shall.
notify the Superintendent of Streets of the exact date and time
Shen the proposed excavation is to commence.
(6) It is further agreed that Subdivider shall pay the
necessary expenses for inspection, checking, etc., incurred by
City in connection with said Tract No. 2705.
(7) It is further agreed that the Subdivider shall deposit
with City, upon execution of this Agreement, for office checking
of subdivision map, field checking of street monuments, field
checking of improvementn, inspection of improvements, and all
necessary expenses incurred by City in connection with the said
Tract No. 2705, the sum of TO:t ,'NOUSAND FOUR HUNDRED TWO and 50 /100
XLLARS ($2,d(' .50).
(8) It is further agreed that at the completion of the work
.vino before final approval c. the subdivision, the Subdivider shall
be billed for and pay, or snarl be refunded after completion of the
work and final acceptance of the subdivision by the City Council
the difference between the actual cotct of the necAssary expenses
Incurred by City in connection with said Tract No. 2705 and the
total amount of the deposit.
(9) It is further agreed that Subdivider shall file with
City, upon execution of this Agreement, a bond in the amount of
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FIFTY THOUSAND FIVE 1[(INMED and N01100 DOLLARS ($50, 50n.00)to
Insure for later and taa•terlals, and a bond in the amount of
FIFTY THOUSAND FIVE fMMED ann W /100 DOLLARS ($5.0 to
insure full and faithful perf'o=ance of the construction of all
of, the aforementioned improvement work (excluding sanitary .sewers
a3nd riater distribution system) and also to insure reimbursement to
City for any necessafy expenses incurred by City in connection with
checking of Volans &M Inspection of said improvements.
(10) It is further agreed that Subdivider shall file with
City, upon execution of this Agreement, a bond in the amount of
SEVEN THOUSAND SIX HUNDRED and N01100 DOLLARS ($7,600000) to
insure full and faithful performance of the construction of a
water distribution system to serve all lots within said Tract No.
2705.
(11) It is further agreed that the Subdivider shall pay to
the City, upon Execution of this Agreement, a stor:r, drainage fee
In the amount of ONE THOUSAND TWO HUNMED EIGH:'Y SEVEN and 90/100
LOLLARS ($1 this amount being Two Thousand Six Hundred
knd Forty One and 50/100 Dollars ($2,641.50), (acreage of Sub-
division @ StOD.00 per acre as provided in Resolution No. 180),
less credit of ONE TMJSAND THREE HUNDRED FIFTY TM EE and 60/100
DOLLARS ($1 for the dedication of that portion of Regnart
Creek along the easterly boundary of said Tract No. 2705 as
provided in the Agreement between Subdivider and City dated
August 3, 195').
(12) It is further agreed that the Subdivider shall file
with City, upon execution of this Agreement„ a letter from th-
Wpertine Sanitary District stating that Subdivider has entered
into separate Agreement with said D.1stl.sict -to install winitary
oewiers to serve L11 late within sold Tract No. 2705, and stating
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that a bond to i.ntu" full and faithful perfoiwanee of the construc—
tion of the ssniLiry atvers anti to insure the general quarantea as
,stated below in Parag"ph (13) has been filed.
(13) it is further agreed Oat Subdivider shall, upon written
notice thereof, ims*diattl.y► repair or replace, without cost or
eo bligatiO,1 to the City of Cupertino, and to the entire satisfaction
of said City, all defocts end imperfections arising out of or due
to faulty workmanship and/or materials appearing in said work with" -
in a period Gf one (1) year after date of final completion and
acceptance.
(14) It is further agreed that the Subdivider shall file
with the City, upon execiat'lon of this ngrerezent, a letter from the
Central Fire Protection Ustrict of Santa Clara County, atating
that Subdivider has entereA� into an agreement with said District
to install fire hydrants to serve said Tract No. 2705, and stating
that all necessary fees have been deposited with said District to
insure Installation ana - five (5) year rental fee of said hydrants.
(15) It is further agreed that Subdivides shall pay to
Pacific Gas and Electric Company any and all fees required for
installation of overhead wiring circuit to all eylectroliers within
said Tract No. 2705, when Subdivider is notified by either the
City Engineer or the Pacific Gas and Electric Company that said
fees are due and payable.
(16) It is further agreed that .Subdivider shall carry out
any and all negotiations with all interested parties, and perform
or cause to be performed, at his own cost and expense, any and all
work of construction required to raise, lower, relocate or other-
wise modify any irrigation line or lines and appurteriance3s, and /or
water line or lines and appurtenances and/or any pu�)lic utilities
existing on any portion of the lands upon which Improvements of
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�v le'.� Tract No. 2705 are to be constructed.
(17) It is further agived that any eastment and right -of-
voy neceissaory for the coMloti.on of the project shall be auquirea
by the Subdivider at his ow cost and expenses. It is provided,
? sa+ever, that in the event wainent domain proceedings are required
by the City for the purpote of securing sold easement and right -of-
voy that the Owner or Subdivider shall depoolt with City a sum
caring the reasonable market value of the land proposed to be taken
am5 to be included in said suns ahall be a reasonable allowance for
&*Yarance damages, if any. It is further provided that in addition
thk--z , eto, such sums as may by required for legal fees and costs,
engineering, and other incIdental costs in such reasonable amounts
as the City may require sha:.l be deposited with City.
(18) It is further agreed that Subdivider shall indemnify
anc save harmless the City of Cupertino, the City Council, and the
City Engineer, and other officers or employees of City of Cupertino
frvm any suits, claims, cr actions brought by any persons for or
on account of any injuries or oamages to persons or property sistained
or arising in the construction of the work due to any acts, omis-
sic•ns, or negligence of Suh�ivider, his officers, agents, employees,
or contractors.
(19) It is further agreed that Subdivider shall provide and
install a six -foot (6 woacen fence at his own cost and expense
ale.ng the back property line of any and all lots within Tract. No.
2705, where the back lot line abuts on Regnart Creek. The material
ut►e4l and the construction of said fence is to be approved by Oe
City Engineer.
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( 21) It is fuvther a treed that the above named terms and
crAvedl:iions for the still Tract No. 2705 shall bind the heirs,
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v c+arssors, adainistratora, oje ascigns of Subdivider. The assign -
raaest of this agreement shall not be made without approval by City
Grrumai l of said City.
IN WITNESS WHEREOF, .said City has caused its name to be here -
vzrta affixed by its Mayor and City Clsrk, thereunto duly authuxized
ter solution of the City Council, and said Subdivider has here-
unto caused his name to be affixed the day and year first above
vzltten.
CITY OF CUPERTINO:
mayor
y e H.
S1BDIVIDER:
EDENVALE LAND COMPANY, a cc
A. MD'w'r D AS : i. FCRM,:
City AtMney
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