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11. DeBaets Impr. Agreement DRAFT RESOLUTION NO. 06-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, ANDREW JOSEPH DEBAETS AND REBECCA REA SMITH, HUSBAND AND WIFE, AS COMMUNITY PROPERTY WITH RIGHTS OF SURVIVORSHIP, 10339 BYRNE AVENUE, APN 357-12-027 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Andrew Joseph DeBaets and Rebecca Rea Smith, Husband and Wife, as Community Property with Rights of Survivorship, for the installation of certain municipal improvements at 10339 Byrne Avenue and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of January, 2006, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN : ATTEST: APPROVED: City Clerk Mayor, City of Cupertino rr~1 Resolution No. 06-009 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Andrew Joseph DeBaets and Rebecca Rea Smith LOCATION: 10339 Byrne Avenue APN 357-12-027 A. Faithful Performance Bond: $ 19,800.00 NINETEEN THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS B. Labor and Material Bond: $ 19,800.00 NINETEEN THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 2,130.00 TWO THOUSAND ONE HUNDRED THIRTY AND 00/100 DOLLARS D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: ONE HUNDRED NINETY-THREE AND 95/100 DOLLARS $ 193.95 F. One Year Power Cost: N/A G. Street Trees: By Developer H. Map Checking Fee: N/A 1. Park Fee: N/A J. Water Main Reimbursement: N/A K. Maps and/or Improvement Plans: As specified in Item #21 of agreement (I-;)"