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90-014 Tung Ping Change and Linda L. Chang, Improvement Agreement APN#357-02-044, #357-19-8,366-19-52, Resolution No. 8106 & No. 8677 • • AGREEMENT WIIDFIOWFR WAY APN #366-19-52 This AGREEMENT made and entered into this day of , 192,- by and between the CITY OF CUPERTINO, a municipal cororation of the 7Sta-'te of Califonia, hereinafter designated as CITY, and TUNG PING CHANG & Lam L. CHANG, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, THE DEVELOPER has made application to the CITY for a BUILDING PERMIT AND PARCEL MAP to construct and maintain TWO SINGLE FAMILY DWELLINGS hereinafter referred to as "Project". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by HOSEINS ENGINEERS, INC. a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said irprovement plans and specifications shall be hereinafter called the "Plans", and the work to be done under the Plans shall be called the "Work". 1 File: 51,858 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: EL OO I THCCSAND FOOR HDNDRED DOLLARS AND ND/100 $11,400.00 PART B. Labor and Material Bond: ELOORITHOCGAND FOUR HUNDRED DOLLARS AND NO/100 $11,400.00 PART C. Checking and Inspection Fee: FIVE HUNDRED SEVRNPV DOLIARS AND NO/100 $ 570.00 PART D. Indirect City E1{pendes: EIGHT SIX DOILY AND NO/100 $ 86.00 PART E. Development Maintenance Deposit:, ONE TIS DOLLARS AND NO/100 $ 1,000.00 PART F. Storm Drainage Fee: FIVE HUNDRED =MECUMS AND NO/100 $ 503.00 PART G. One Year Power Cost: N/A PART H. Street Trees: By Developer PART I. Map Checking Fee: ONE HUNDRED ELGBTY MTlARS AND NO/100 $ 180.00 PART J. Park Fee: ZONE: II ACCT# 480-416-022 THIRTY ONE THOUSAND FIVE HUNDRED DOLLARS AND $31,500.00 ND/100 PART K. Water Main Reimbursement Fee: N/A PART L. Maps and/or Improvement Plans As Specified in Item #23. 2 • NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the • parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by • reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver •a properly executed grant deed to the CITY of the real property dperribed in Exhibit "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 City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication. (2 A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work, in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with 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 and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. 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. 3 C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California 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 rasn of conflict between the State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY 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 commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements are to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in 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 Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. 4 B. • In lieu of a surety bond, the DEVELOPER may elect to secure this • AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the Ci? may apply the proceeds of said security thereto. D. No relaaca of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council B. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. D. Liability insurance, provided by the developer to hold the City harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 2. Schedule for Bond and Insurance Release for Cash, CD, Set Aside Letter are as Follows: A. Release of 45% of bond upon acceptance by City Council. B. Release of additional 45% at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of remaining 10% at one year from date of acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. D. Release of the liability insurance, provided by the developer or contractor to hold the City harmless in the event of liability arising from the subject project, at the end of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. E. No interest shall be paid on any security deposited with the CITY. 5 • • 6. CHECKING AND INSPECTION FEE •It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C.) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 8. MAP CEIE KING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I) . 9. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part 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 surety bonds or other security permitted under paragraph 5.B 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 surety bond or other security permitted under paragraph 5.B. 10.STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F) . 11.WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. 6 The amount shown herein at Part K, Page 2, shall be the full amount due. 12.0NE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to the CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 13.THE INSPAI ATTON OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. 14.PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within Section 18-1.602 Park Land Dedication, Cupertino Municipal Code, and which is further stipulated under Part J, Page 2 herein.Fees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code. 15. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans 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 appearing in said Work. 16. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that 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 performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 15 above has been filed. 7 , 17. GOVERNMENT CODE ' It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 18. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT 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. 19. PACIFIC GAS AND ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC NTT. Conpany 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 undergrounding 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/or PACIFIC BELL Company that said fees are due and payable. 20. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for cappletion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required 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 proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided 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 the CITY may require shall be deposited with the City of Cupertino. 21. HOLD HARMLESS It is further agreed that, commencing with the performance of the 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 CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the City or the City's agents, employees and independent contractors. 8 22. INSURANCE 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 performance 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 City of Cupertino individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy 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 basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum, of "Best A-7" in accordance with ABAG policies. A. Each of said policies of insurance shall provide coverage in the: following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage,, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall hoar an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. The City shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the evidence of said foregoing policy of policies of Insurance C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality 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 the CITY shall equally apply to municipality and political subdivision. 23. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S' expense: 9 A. A mylar sepia and seven (7) prints of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperture card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferee of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. 10 ALL-PURPOSE ACKNOWLEDGMENT NO209 'vvtitivSvti--ti4,4—.1..4-.titititititititiz��v�titi . tivtitititi•—tiv4�vtivvtititititititititiStititiS�Stititititi�titivtititititi'�tititiy`.�--V`=\y7ytiti��+'�/ 1 State of r .a--,,.,.e_ CAPACITY CLAIMED BY SIGNER kINDIVIDUAL(S) p County o4,4, S � = f . /� /' ,, / // ) 0 CORPORATE //ii On ,--P- 7--ft- before me,okier/,L //n« 0nIF-2 / 7(k-i etti/f� OFFICER(S) DATE NAME,TITLE OF OFFICER-EG.,-JANE DOE,NOTARY PUBLIC- TITLE(S) 1 ❑ PARTNER(S) ppersonally appeared .„,,,Zz_....,„._4 . eN 4...„.,/ l�La--0 0 ATTORNEY-IN-FACT NAME OF SIGNEFRaU) ❑ TRUSTEE(S) 1 0 personally known to me-OR- proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS to be the person(s) whose name(s)-is/are ❑ GUARDIAN/CONSERVATOR subscribed to the within instrument and ac- knowledged to me that•heleite/they executed 0 OTHER: jwaN9 oig9t:O c»cc9MMG,C9G,(9 c9clavDt: f the same in 414a/Mer/their authorized m f % OFFICIAL SEAL S capacity(ies), and that by er/their viiia 1ROBERTA ANN WOLFE r; signature(s) on the instrument the person(s), ZB ''ZT/:j: NOTARY PUBLIC-CALIFORNIA 8 or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: J 2 SANTA CLARA COUNTY E NAME OF PERSON(S)OR ENTITY(IES) acted, executed the instrument. 1 2 My Commission Expires June 11, 1993 2 G8aGYOGY8 saoao;9c,:9G)aGr:.76-7acYawac,:.9 Witness my hand and official seal. At-c .e-r- g.--z-1.-}-g, Z., 161—Vil J SIGNATURE OF NOTARY ii ATTENTION NOTARY:Although the information requested below Is OPTIONAL,it could prevent fraudulent attachment of this certificate to Duunauthorized document. f THIS CERTIFICATE Title or Type of Document ��� LtJ�4N{�wuscGc/ i•)64-7-- e G4-� 4 MUST BE ATTACHED // O / Number of Pages // Date of Document ea- 7- y TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above -]-2-7 a, , (JJ) 7 f ®1991 NATIONAL NOTARY ASSOCIATION•8236 Rennet Ave.•P.O.Box 7184•Canoga Park,CA 91304-7184 • • • IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO: Approved as to form: 4 �J C/CGU ry . i/' yoAgdec,r City At'. ey Ci Cler,7 DEVELOPER: / c _ . , Notary Acknowledgment Required Exhibit A Attached 11 • i,- ' ;. ISSUE DATE.(MM/OD/YY). 1 111:11® sCERTIFICATE'OF INSURANCE. .,-' ' PRODUCER • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MOORE FT MILLER INSURANCE NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, P.O. BOX 757 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW CAPITOLA, CALIFORNIA 95010 (408)462-6900 COMPANIES AFFORDING COVERAGE COMPANY _ - - - LETTER A AETNA C $ _'S (COMM'L) CODE SUB-CODE - - COMPANY INSURED LETTER 9 AETNA C P, S (COMM'1.) CLYDE DYRDAHL, COMPANY CLYDE DYRDAHL CONSTRUCTION LETTER C 465 MUNDELL WAY COMPANY U LOS ALTOS, CALIFORNIA 94022 LETTER — COMPANY E LETTER COVERAGESa >;: _ -,,.. THIS IS TO CERTIFY THAT THE,POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED.TO THE INSURED.NAMED ABOVE FOR THE POLICY PERIOD INDICATED„NOTWITHSTANDINGANY__REQUIREMENT,:TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITHRESPECT TO WHICH YTHIS, T CERTIFICATE MAY BE ISSUED OR MAY'PERTAIN,THE INSURANCE-AFFORDED-BY -POL1CIESH UtbL.RIBED-HetINIS`SOBJEL,I I u ALL IRE ItHMS, F EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO{ TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVEEFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS. LTRI I DATE(MM/DD/YY) DATE(MM/OD/YY) GENERAL LIABILITY GENERAL AGGREGATE. $ 1-,_0_0_0_ ACOMMERCIALGENERAL LIABILITY 0021264165 111. CLAIMS MAD05/02/91 05/02/92 PRODUCTS-COMP/OPS AGGREGATE $ 1p_011.0— P OCCUR. PERSONAL.B ADVERTISING INJURY $ 59Q,_ . OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE .. . $ 5_0.0 a 111. FIRE DAMAGE(Any one lire) $ 5_0 MEDICAL EXPENSE(Any one person) $ 5_,._ AUTOMOBILE LIABILITY - I . COMBINED SINGLE $ ANY AUTO LIMIT - _ r ALL OWNED AUTOS BODILY INJURY $ SCHEDULED'AUTOS - (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY I EACH AGGREGATE } OCCURRENCE $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION AND $ 1-0-00 (EACH ACCIDENT) B 005C 0021264165 C. 05/02/91 05/02/92 $ 1 '0.0.3 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY b - - $ 1y-0_0_0 (DISEASE—EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS SEE ATTACHED ENDORSEMENT CERTIFICATE'HOLDER1,-7,747:',...,:„-I3.-, *'” CANCELLATION , a CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 10300 TORRE AVENUE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 0VKD XOF➢CSO MAIL_1L—DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CUPERTINO, CA 95014 LEFT,1910X9CtX903EXTRI 09F1C]6ffi022CC€QirX$9F90X1POR 6$X1ffi 0129319JffiNCN9C xaatxXffi-7mootu 0a➢CRk3E1C$tmartak 11: X/nz mxinstesx AUTHORIZED REPRESENTATIVE i • WILLIAM MOORE C✓�4 ACORD 25-S (3/88) �<..c".'. _. _ - - --2 .©ACOR ,CORPORATION 1988 'I •POLICY NUMBER: 0021264165 COMMERCIAL GENERAL LIABILITY •y. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES or CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization (Additional Insured): Location of THE CITY AND MEMBERS OF THE CITY COUNCIL Covered Operations OF THE CITY OF CUPERTINO INDIVIDUALLY AND ALL CALIFORNIA OPERATIONS COLLECTIVELY AND THE OFFICER, AGENTS AND EMPLOYEES OF THE CITY INDIVIDUALLY AND COLLECTIVELY. Premium Basis Rates Advance Premium Bodily injury and (Per Property Damage Liability Cost $1000 of cost) . 1 Total Advance Premium $ (If no entry appears above,information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (other than include as an insured the person or organization service, maintenance, or repairs) to (called"additional insured")shown in the Sched- be performed by or on behalf of the ule but only with respect to liability arising out of: additional insured(s)at the site of the A. "Your work" for the additional insured(s) at covered operations has been corn- ' the location designated above, or pleted; or B. Acts or omissions of the additional insured(s) (b) That portion of "your work" out of in connection with their general supervision which the injury or damage arises has of "your work" at the location shown in the been put to its intended use by any Schedule. person or organization other than an- t. With respect to the insurance afforded these addi- other contractor or subcontractor tional insureds,the following additional provisions engaged in performing a principal as a part prt operations off the for same apply: • project. A. None of the exclusions under Coverage A, (3) "Bodily injury" or "property damage" except exclusions (a), (d), (e), (f), (h2), (i), arising out of any act or omission of the and (m), apply to this insurance. additional insured(s) or any of their em- B. Additional Exclusions. This insurance does ployees, other than the general supervi- not apply to: : sion of work performed for the additional (1) "Bodily injury" or "property damage" insured(s) by you. for which the additional insured(s) are (4). "Property damage" to: obligated to pay damages by reason of (a) Property owned, used or occupied by the assumption of liability in a contract or • or rented to the additional insured(s); agreement.This exclusion does not apply to liability for damages that the additional (b) Property in the care,custody,or con- insured(s) would have in the absence of trot of the additional insured(s) or the contract or agreement. over which the additional insured(s) 2 " ur are for any purpose exercising phys- ( ) Bodil y 'in j y" or "property damage" ical control; or occurring after: (c) "Your work" for the additional in- sured(s). CG 20 09 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑ • -Return to: NO FEE IN ACCORDANCE CRY OF C pPE TIN0 WITH GOV CODE 6103 1 0546231 10300 Torre Avenue. ry c� Cupertino, CA � 1 REEMENT L3t (PAGE1 ! 26 10408 ORANGE AVE. APN #357-19-8140(__ This AGREEMENT made and entered into this day of / / / , 19?/) , by and between the CITY OF CUPERTINO, a municipal co ',oration of the State of California, hereinafter designate) as CITY, and TUNG PING CHANG AND LINDA L. CHANG 0 hereinafter designated as DEVELOPER. gg_iqz 0 = Cr NO FEED] I- 0 Q oma `-`-' v� cn U Q 4 ^' < Y . WITNESSETH �D o37 .Uo a1w � 'W c r)-cfr p �� UU Lrl C Q J am i LL � lVl gg5, the DEVELOPER has made.application to the CITY for ,uN 5 CO SECURING A BUILDING PERMIT to construct and maintain A SINGLE FAMILY DWELLING hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit DEFERMENT of the required development improvements in accordance with the provisions of this AGREEMENT; and; WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein and; WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared; and WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or other guaranties as outlined herein to assure compliance with conditions of development approval; and ORIGINAL Page 1 File: 51,872 . . L 3 7pAGE .I 727 • WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEFOSl'1'b Improvement Category - N/A PART A. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: Deferred PART C. Checking and Inspection Fee: THREE HUNDRED SEVENTY FIVE DOLLARS AND NO/100 $ 375.00 PAID PART D. Indirect City Expenses: FIFTY SIX DOLLARS AND NO/100 $ 56.00 PAID PART E. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: • TWO HUNDRED EIGHTY FOUR DOLLARS AND NO/100 $ 284.00 PAID PART G. One Year Power Cost: N/A PART H. Street Trees: N/A PART I. Map Checking Fee: N/A • PART J. Park Fee: N/A PART K. Water Main Reimbursement ONE THOUSAND TWENTY EIGHT DOLLARS AND NO/100 $1,028.00 PAID PART L. Maps and/or Improvement Plans: Deferred Page 2 • 1377PAGEi728 NOW, THEREFORE, IT IS IN a:Y MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. ( THIS SPACE INTENTIONALLY LEFT BLANK ) • • 2: INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole .option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinanres and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The'Work shall be done in accordance with all State and County Statutes applicable hereto. 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. Page 3 • L 37 7P4GE1 729 C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California 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 and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Enginecr 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 EnginePr of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful • performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in acicition to said faithful performance, file with the CITY a labor and • materials bond •in 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 Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. Page 4 L37IPA6Ei. 73O • • .B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c).. C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGRE NENfT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may 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 of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6. CliECICtNG AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. , incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this A/CEREM NT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed "that DEVELOPER shall pay to CITY, prior to execution of this AGREEMIENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . • 7A. MAP FILING }Et - NOT APPLICABLE • Page 5 . • L37irA6E17i S. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this • ami , the amount set forth herein at Page 2 (Part 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 pericd 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. 9A. STORM DRAINAGE FEE _ It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in'Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F) . 9B. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees tq deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan (PART K, Page 2) . 10. ONE YEAR POWER COST It is further agreed that the pEVELD1u shall pay to CITY prior to execution of this AGREE[IENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 11. THE INSTALLATION OF STREET 'TREES - NOT APPLICABLE • • 12. PARK FEES - NOT APPLICABLE • Page 6 • 4 13. MAINTENANCE OF WORK L 3? 7 PASE 1 7 3 2 It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans 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 appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter fj. ii the Cupertino Sanitary District stating that 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 performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT 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. 17. STREET LIGHTING • It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. 18. PACIFIC GAS AND ELECTRIC/PACIFIC SELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Bell 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 undergrounding 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/or Pacific Bell that said fees are due and payable. Page 7 • • • .19. EASEMENTS AND RIGHT-OF-WAY 13 7 7 PAs E 17 3 3 It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent . domain proceedings are required red by 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 proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided 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 the CITY may require shall be deposited with the City of Cupertino. 20. HOLD HARMLESS It is further agreed that, commencing with the performance of the 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 CITY twin and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 21. INSURANCE 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 performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming • the CITY and renters of the City Council of the City of Cupertino, individually and, collectively, and the officers, agents and employees of . the City individually and collectively, as insured. Said separate policy 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 basis; and said policy or policies shall provide that the coverage afforded thereby shall be.primary coverage to the full limit of liability stated in the declarations, and •if the City, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. • Page 8 1134 • L37 7PAsE1734 B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said ,.foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. - . C. In the event that the Project covered herein should be mutually . . situated in or affect the area of jurisdiction of a separate municipality 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 the CITY shall equally apply to municipality and political subdivision. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23. DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six (6) months. notice fLum the CITY, in which event the Work must be completed within one (1) year thereafter, or in the absence of such notification, no later than five (5) years and six (6) months from the date of this AGREEMENT, the following improvements: Page 9 GENERAL ACKNOWLEDGMENT NO.201 t- State of //( J�-��(at.A a., On this the 19/(day of c-2-2-7 19�` 0,before me, e SS. - Ill County of."4-S 4 AC- PIA /47: D SIC , L3'7W the undersigned Notary Public,personally appeared 'IPAGE1736 geff / /y-slc 4—moia. J / / 0 .per1sonally known to me 1 , tisc.9v.vtx9t N LKSG`CJc(9GULetxstOL`t91 proved to me on the basis of satisfactory evidence OFFICIAL SEAL to be the person(s)whose name(s) subscribed to the +r, ri,. ROBiRiAANNWOLFE 1 r: rs^ within instrument,and acknowledged that executed it. n ' 't,:_e<_ NOTARY PUBLIC-CALIFORNIA G' KL I t 2 My Co SANTA CLARA COUNT? WITNESS my d andseal.(.. +^— '�l My Commission Expires luno it, 1993 „ I B `�ao�cazoaca acaacuo�crawaoso acs aG CM Y� .• Notary's Signature ?lr -nen fan - METIfINGI 1Jl1TGRV GRCl1l:ICThR•9'!M9 Vninnra PFM •P(1-Rnv 60.f5•WnMlanrl Hllly I:A HIAfl6 1377 PAD 1735 Until such notification is made by CITY, or such time has elapsed, Sections numbered 2,3,5,8, 10, 13, 14,15,16,17, 18, 19,20,21 & 22 are hereby deferred. The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, 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, • if this methcd is feasible to secure the installation and construction of the improvements. 24. SUCCESSORS - RUN WITH LAND - A.P.N. 357-19- 8 This AGREEMENT shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and understood that this AGREEMENT shall be filed for record in the Office of the County Recorder of the County of Santa Clara, State of California and that the covenants in this AGREEMENT shall run with the land, a description of which is contained in Exhibit B, which is attached hereto and made a part hereof by reference, and is for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. • , CITY OF i9 F'�•' /I OJT �% • „ , �u Approved as to form: a � yore ;{ (AkA ivtin City Attorney City Clei r,;11Y " s,- .il Da of •PER:" "1 • o \ • } fr i" cx . All signatures require notary acknowledgment. Exhibit A and B Attached t , Page 10 _N FXHIBIT A L 37 7PAGE1737 LOT 24 . T.R. 300 • 1121PAGE 643) APN 357- 19 -008 1. LANDS OF CHANG LOT23 TR. 300 BK 10 • M • Pg. 16 Z • 31 Z _ 1 m W 0 • N • O -co U 01 11f1 Z m 01 AREA TO BE m QDEDICATED N' A 5.00' �y! •'0 NORTH 75.00' 5.00' La I SOUTH 75.00' o • 157. 59 .57,' ORANGE N AVE. -cc:C] 5113 • Plat • • .to Accompany Description ' LANDS OF ' CHANG A. P. N. # 357 - 19 - 008 EXHIBIT A • City of Cupertino S , - - • ` . . • _- -EXHIBIT B L3� �PA�E � 73s DESCRIPTION . • ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, •COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS.: • PORTION OF LOT 24, AS'.SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 300 NOONAN SUBDIVISION UNIT NO. 2", WHICH MAP WAS FILED FOR RECORD IN THE. OFFICE OF THE SANTA-CLARA. COUNTY RECORDER IN BOOK 10 OF MAPS PACE 16, AND BEING MORE .PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF ORANGE AVENUE (40' WIDE) AT THE DIVIDING LINE BETWEEN LOTS 23 AND 24, .AS SAID AVENUE AND LOTS ARE SHOWN UPON THE MAP ABOVE REFERRED TO; RUNNING THENCE SOUTH AND ALONG THE EASTERLY LINE OF ORANGE AVENUE 75.00 FEET; RUNNING THENCE SOUTH 89°58' EAST AND PARALLEL WITH THE DIVIDING LINE BETWEEN SAID LOTS 23 AND 24, FOR A DISTANCE OF 130.00 FEET; RUNNING THENCE NORTH AND PARALLEL .WITH 'SAID EASTERLY LINE OF ORANGE AVENUE, 75.00 FEET TO THE DIVIDING LINE BETWEEN LOTS 23 AND 24; RUNNING THENCE NORTH 89°58' WEST ALONG SAID LAST NAMED DIVIDING LINE, 130.00 FEET TO THE POINT OF BEGINNING. • J.M.H. #3046 AUGUST 3, 1989 • EXHIBIT B L :377rMuL1739 RESOLUTION NO. 8139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERITtz AUTHORIZING EXECUTION OF DEFERRED AGREEMENT WITH TUNG PING CHANG AND LINDA L. CHANG FOR THE IMPROVEMENT OF FRONTAGE ALONG 10408 ORANGE AVENUE WHEREAS, there has been presented to the City Council an agreement for the improvement of the street frontage along 10408 Orange Avenue on a deferred basis by Tung Pang ung and Linda L. Chang; and WHEREAS, the aforementioned agreement is to super sede approved by the Council on September 18, 1989, Y"` agreement Resolution No. 7937, and construction said propos deferred agreement contains provisions for the improvement within streets, aeets, curbs, gutters, sidewalks, and for other i pr of execution of periodoof five (5) years and six (6) months from the agreement; and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the aforementioned agreement is hereby approved; rid the eCity Engineer is hereby authorized to sign the final. planswhen aupresentd eedtobyethe developer; and the Mayor and the City Clerk are hereby ecute the agreement herein referred to in behalf of the City of Cupertino. IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to have said agreement recorded with the Santa Clara County Recorder. City PASSSSED AND ADOPTED at a regular mleeting of the City Council of the following vote ant this 21st day of Ma—�, 1990 , by the Vote Members of the City Council AGoldman, Koppel, Sorensen, Szabo, Rogers NOES: None G LI:1 iz`x THIS IS TO CiRT.IFY TI-}'S'f TI.,t±!WI�I IfN • ABSENT: NSTRUM EIJT 4a A Vp A FRUE [ip 'EFT-COPYNone CF THE DRIGINAI.;_hN,F,LE ft4NTHIS 8FF'ICE. ABSTAIN: None CITY CCE 11F • Tki£ fIY�rfF ❑IJPE?R?IN[] ATTEST: BY APPROVED•. / CITY ed_fiER'ICI I�'.J ' /s/ Dorothy Cornelius , ' City Clerk /s/ Barbara A. Rogers Mayor, City of Cupertino • AGREEMENT 10399 MIRA VISTA AVENUE . APN #357-02-44 • This AGREEMENT made and entered into this % day of R/C_ , 19 l Q , by and between the CITY OF ' CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and TUNG PING CHANG hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a BUILDING PERMIT to construct and maintain a SINGLE FAMILY DWELLING hereinafter referred to as "Project." • WHEREAS, CITY hereby approves the imprdvmrent plans and specifications prepared for the Project by JENNINGS, MCDERMOTT & HEISS, INC. a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, 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 "Plans," and the work to be done under the Plans shall be called the "Work."- • 1 i WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: • SCHEDULE OF BONDS, FEES AND DEPOSITS - Street Improvement Category: PART A. Faithful Performance Bond: SIX THOUSAND FIVE HUNDRED DOLLARS AND NO/100 $6,500.00 PART B. Labor and Material Bond: SIX THOUSAND FIVE HUNDRED DOLLARS AND NO/100 $6,500.00 • PARD C. Checking and Inspection Fee: THREE HUNDRED TWENTY FIVE DOLLARS AND NO/100 $ 325.00 PART D. Indirect City msec: FORTY NINE DOLLARS AND NO/100 $ 49.00 PART E. Development Maintenance Deposit: FIVE HUNDRED DOLLARS AND NO/100 $ 500.00 PART F. Storm Drainage Fee: TWO HUNDRED EIGHTY FOUR DOLLARS AND NO/100 $ 284.00 PART G. One Year Power Cost: THIRTY SIX DOLLARS AND NO/100 $ 36.00 PART H. Street Trees: By Developer PART I. Map checking Fee: N/A PART J. Park Fee: - N/A PART K. Water,Main Reimbursement ONE THOUSAND SIX HUNDRED EIGHTY EIGHT DOLLARS AND NO/100 $1,688.00 PART L. Maps and/or Improvement Plans: As Specified in Item 23 2 • •Y NOW, ?BEFORE, IT IS HERESY NIJPUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real property shown on -E:dnibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free arra clear of all liens or encumbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instnments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole coat and expense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication. (2) A standard policy of title, insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or en unbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. rnrcmlLTATION OF WORK It is further agreed that: A. The DEVELOPER shall install and couplets the Work within one (1) year from the date of execution of this mammy", or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVEIAPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with 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 and in accordance with all plans, specifications, standards, sizes, lines, and grades approved' by the City Engineer. The Work shall be done in 'accordance with all •State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or wornymanship meets the standards, specifications, plans, sizes, lines and grades as set forth. 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'PPM eta ;eta Pm/6m 2at4zn3 ST gI 'Q B. In lieu of a'surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, • 2. A cashier's check, or a certified check payable to the order of the City of Cupertino;instrument 3. A certificate of deposit, or of credit meeting the requirements of Government Code Section 66499 (b) or • (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may 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 of the City Council. E. No interest shall be paid on any security deposited with the CPPV. 6. CHECf4NG AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, dheol ing, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution - of this AGREEMENT, indirect expense allocable to processing these *garments, the amount as set forth herein at Page 2 (Part D) . 8. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street momments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) . of CITY, the amount as set forth herein at Page 2 (Part I) . • • 1 • . s ae sT 40T41440T414Pug 'Eat 't09 xagaatti Heoueurrao d rl2tm pa4EilFdo uT 4TM parTttnx sT se 'uopir exe 04 mTxd 'AJ.TO e44 04 Puri 4ons 84EoTPeP ao/pue sae; mons AEd netts 2IIdOntan e44 ;e44 p8aa5E sagging sT 4I • sass Arid •4i � pamWores e4 TT4s e824 ;0 AeTnnA • a A3TO do sF�Pu � u;TM o;1100 uT seaz; ;aex;s guru' '.weir& SFJ 844 d4 e;eTadaadde a ep Se 8LIT4 tpns ;e 'TTPIs 2IIacrian a 844 ;v44 resrbe =crag sT 4I SMdli JWtTS dO NOTT•Yf T MI •CT 'aeeA euo and sgq5TT 48ar4s and ;sop mend e44 sauaseidaz gum= PT4M ' (o lard) Z abed ;e uTaaa4 Inaoa as se ;unomr e4; 'Jtgd sT44 uoT;rcaxa 04 =Tad AIM o; Aad TTrZs 2IIJO73ASI eta ;eta P88x6E retfrt>3 ST 4I MOO maim UVaA 3NO 'ZT 'enp gun= Tin; emg. 84 TTE4s 'Z ebad 'X axed ;2 trTaxe4 tangs gnus etO, 'uETd reasefi r84EM PsadOPE e44 ttTtaTM Parrign0 sgumswicutT ao ss[aoM oTTgnd do ao;oazTO 844 A4 ir T rc sauamannxdmT ;uaaaTdxT 04 Papeat err sew= PTEs Thin Mfl 844 Aq PTai 84 TT¢is ;Tsodep etu 'LL/06/6 Peary us4Tsod8O Pur XZZM suoTsuaax3 uTeN xe;VM UD AoTTodn _44TM ATdmoo o; parTnbea SeTuom est A113 844 44TM ;Tsodap 0; seaaby =flag; 2 Sd0IIbSfl 841 JS90d3O NOISTELD2 NMI TIMM 'TT ' (3 ;red) Z abed ;e uTazaq tfxod des sr ;won e44 uT 'LL6T 'TZ tPXEN 'ZZ44 u0T4LT0sati uT paIsTT4e4s8 squunapbea eta trgTM eouepa000e trF gaeload pTEs taTM uoT;oauuop uT e&etp e6EuTv4p taxogs a 'pommy sTtl; ;o uoT;naexe o; aoTad '73n 844 43TM ;Tsodep Timis 2II3O12/20 844 ;e44 paaxbe .zataxt; sT 41 333 3EJ jffl 231 NtiOJS 'OT 'spuo4 ;ua mmicadST eq.; do espe ez egg aea3E parm;ax 84 "TTM eaue-eq pestum eua 'Atm 84; do uoT4ofsTmes erpue egg °} saltdea parrnbea e44 eae1dthoo mamma 844 PTtC4S 'AIM 844 .A4 spam gtralleNal UtT eta do 92e&191 TT;un poTxad a4; buTanP 'Rom pies uT farmedde s(VTaa;em ao/pue dTtisuemxrot Arc o4 enp xo 3o ;no FursTxn suoTaoegasan - pttr s;oe;ep do srTedex xod pezTTT;n 84 Arm ;Tsodep eouvue;uTem ;ua dojenap eqL •POT1Bd uoTaonz steno e44 &rcxnr bupx eTo rue Tox;uoo ;stip aedoad eansuc o; ;Tsodep ecuruaauTuu¢ ;uauioTenaP a se (a arra) Z ebed ;r uTaaeti baso; ;es ;mom eta 'Jtrummoy sT43 do -uopnoaxe 04 =Tad 'ALIO 844 p; Led Timis 2IId0IIAaO 844 4E44 peeibe =pang a g sT ;_ J.ISOcIIO 3DMINSINDM IREINETIZAZI '6 I- • 14-A. PARK FEE ALUCS2SENT T�IrSICNS The value of the land used in establishing St,;M the "Park FeQ" cutll;a3 herein an Page 2, Part J, requires formal confirmation. The CITY shall employ a qualified local appraiser to provide a market value of the lard. The City will calculate the "Park Fee" based on the appraisal . The Developer agrees to pay for any deficiencyrwithin thirty. (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision. improvements. • 15. f.LT,`'mTNG° OF VtRK • • It is further agreed that the DEVELOPER shall maintain nta i^ the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standard= and scecifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cast or obligation to the. City of Cupertino, and to the entire satisfaction of said Cr?, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearingin said Work. 16. SANIIMRY DISTRICT It is further agreed that the DE.VELOPBR shall file with art, upon execution of this Ate, a letter from the Ctmertino Sanitary District stating that the DEVELOPER has entered into a separate AGRTT with the said District to install sanitary sewers to serve all lots within said Project and stating that a band to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary seeder in conformance with, the provisions as set forth in • Paragraph 15 above has been filed. 17. GOVZINMENTT NDE • It is further agreed that DEVELOPER shall file with CITY, upon • execution of this AGREEMENT, substantial evidenCe that all provisions of Section 66493, Article 8, Chapter 4 of the Goverment Code, pertaining to special assessments or bonds, have been complied with. 18. CENTRALETRE DISTRICT It is further agreed that the DEVELOPER shall file with the CTI'Y, upon execution of this AGRE:EME TT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVEIDPFR has entered • into an ACREEMENT 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. • • 19. PACIFIC CAS AND ECECTRIC/PACIF'SC BELL . • j It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACLETC HELL Company any and all fees requiTe for installation of overhead and/or nrdergrc„Yi wiring circuits to all electroliers within said property and any and' all fees required for ' undeigrou ei—ing as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Catpany and/or PACIFIC BELL rroctiany that said fees are due and payable. 7 • J 20. EASEIE2CS AND RIGHT-OF-KAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELAPER at his own cost and expense: It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing - said easement and right-of-ray, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market 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 provided that in addition theretosuch sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 21. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the canpletion• of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, • damage or liability, or claim thereof, occasioned by or in any way whatsoever arising cut of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent anImmotems. 22. INSURANCE 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 performance 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 City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy .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 basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its unJid members of the City Council iv ally � collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. I A. Each of said- policies of insuranne shill provide coverage in the follaiirg minim= amounts: For bodily injury,, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one oxuizence with an aggregate limit of not less than $200,000. B. The DEVELDPER shall file with the City Engineer at or prior to the time of execution of this Ai EE ENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cmxxalation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. ,In the .event that the Project covered herein should be :ritually situated in ,or affect the area of jurisdiction of a separate municipality 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 abate for the protection of the CITY shall equally apply to municipality arra political subdivision. 23. APS P20/Cot IMPROVEMENF IMPROVE[ PIS It is further agreed that the CPPV shall obtain the following map and/or plans at the DEVELOPER'S ex erase:. A. A mylar sepia and seven (7) prints of fully misdatedparcel map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C• A direct lisilver plans id ma microfilm aperature card of all executed improvement »P• The DEVELOPER agrees to pay the CITY ficin the development maintenance deposit the cost for all prints of plans arra map required Linder Item 23. 24. sanzscms This AGREEMENT shall bind the heirs, afiminiMmators, executors, successor, assignee and transferrees of the DEVELOPER. The assigrm�ent of this AGRFgte1T shall not be made without approval by the City Council of the City of Cupertino. • Q GENERAL ACKNOWLEDGMENT NO.201 !!!!!!!!!!!!!Jl!!!!I./!!!!!!!!!!!!!!!!!l !J, ' State of l�-w• i« On this the day of arm:, 19 9 before me, lg 4. County oft .. GA. C�( LA— d-•4 a Q9, (1_,,,,,.. 7.A.) A ///[�{- -_i, S the undersigned Notary Public,personally appeared ti ,_ / / / 1 0 peronally known to me o :-UCc9.2r.9210V NDOO OOLOG�c..0cocc.0�cQr roved to me on the basis of satisfactory evidence ti r , OFFICIAL SEAL 0 6e the person(s)whose name(s) G L subscribed to the f,�..- it V•/OLfc within instrument,and acknowledged that — executed it. 1 �� J. NOTARY PUOLIC-CALIFORNIA g o p • P ,.y� SAMA CLARA COUNTY g WITNESS my,d and official seal. / ` /hy Commission Expires June 11, 7993 ,-W`G\7a7/;}:ia1G.VGX7GT9Gh9Gf.M:7Ga7G7t7GX7G,. SI V Notary's' ignature `1 III WITNESS MRF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO: • Approved as ta form: d• ,_ o %A City Attorney A , 40. City a- DEVELOPER: Notary Acknowleckymant Required (41€ 7. C/7 • •