90-032 Thomas R. Franz; Improvement Agreement, APN 342-14-030; Reslolution No. 8238 AGREEMENT
10143 LOCKWOOD DRIVE
APN N 342-14-030 •
This AGREEMENT made and entered into this -5-- day
of Septi acs , 19 9Z) , by and between the CITY OF
• CUPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and THOMAS R. FRANZ
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 improvement plans and specifications
prepared for the Project by NELSON ENGINEERING
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." •
FILE: 51,918
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:
PARE A. Faithful Performance Bond:
FOUR THOUSAND EIGHT HUNDRED DOLLARS -AND NO/100 $4 ,800.00
PART B. Labor and Material Bond:
FOUR THOUSAND EIGHT"HUNDRED DOLLARS AND NO/100 $4',800:00
PART C.. thecking.and Inspection Fee:
TWO HUNDRED FORTY DOLLARS AND NO/100 $ 240.00
PART D. Indirect City Expenses:
THIRTY SIX DOLLARS AND NO/100 $ 36.00
PART E. Development Maintenance Deposit:
FIVE HUNDRED DOLLARS AND NO/100 $ 500.00
PART F. Storm Drainage Fee:
TWO HUNDRED NINETY SEVEN DOLLARS AND NO/100 $ 297.00
PART G. One Year Power Cost:
$ N/A
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 FIVE HUNDRED THIRTY DOLLARS AND NO/100 $1,530.00
PART L. Maps and/or Improvement Plans:
AS SPECIFIED IN ITEM 23
1
•
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 CI'T'Y of the real property
described 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 arra every covenant and clition 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 OGRE ENT, 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 CPT! 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.
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 ardor 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 onmnerxxmnent 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 lard agreed to be dedicated, and any
improvements to be made under' this AGREEMENT. In the event that
improvements are to be made under this AGRED4IWr, 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
bowls shall be as designated by the City Engineer. Said bonds shall be
executed by a surety ocupany 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 ACRE MENT, or to make any payment, or any dedication of lard, or any
improvements herein requuired, the CITY shall call on the surety to perform
this AGREEMENT or otherwise indenmify the CITY for the DEVELOPER'S failure
to so do.
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 AGREQ*NP, 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. Na interest shall be paid on any security deposited with the
CITY.
6. Q ECKENG 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 AGREEt4ENP, the amount as set forth herein
at Page 2 (Part C) . Should construction coat vary materially frac 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 ECPENSES
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 CHECKING FEE •
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREESFNP, 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 CPPV, 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 improvement •
bonds by the CITY. Should the DEVELOPER c r plate the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the improvement bonds.
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 said Project in accordance with the requirements
established in Resolution 4422, March 21; 1977, in the anoint as set forth
herein at Page 2 (Part F) .
11. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those sanies
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
iPublic Works or improvements outlined within the adopted Water Master
Plan.
The amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR POWER CUSP
It is further agreed that the DEVELOPER shall pay to CITY prior to
execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part G) , which amount represents the poorer cost for street lights for one
year.
13. THE INSTL ATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Enrginmeer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
frau the City approved list.
14. PARK Fab
It is further agreed -that the DEVELOPER shall pay such fees and/or
dedicate such lard to the CITY, prior to execution, as is required within
"Park Dedication Ordinance" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
•
14-A, PARK FEE ALOUS2'E2JT vIsICNS
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part 7, 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 inq2ruvements.
15. i^_A+TVT NCE 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 iAY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this ACRE ME T, a letter from the Cucertino Sanitary District
stating that the DEVELOPER has entered into a separate ACREDIENT 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 seder in conformance with, the provisions as set forth in
Paragraph 15 above has been filed.
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 harks, have been complied with.
18. CENTRAL rltt DISTRICT •
It is further agreed that the DEVELOPER Shall file with the an, upon
execution of this AGFA, a letter from the Central Fire Protection
District of Santa Clara County, stating that the DEVEIDPER has entered
into an Ate' 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 EFaaIC/PACLFIC BELS,
•
It is further agreed that the DEVELOPER shalli
Electric Company and/or to PACIFIC FVTT, Pay to Pacific Gas and
�Y any and all fees required
for installation of overhead and/or u dergrotr wiring circuits to all •
electroliers within said property ani any and all fees required for - •
undetgro ixii g 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.
7
20. EASEMENTS AND RIGHT-OF-WAY
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 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
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 I AMES'S
It is further agreed that, commencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the carpletion 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.
22. INSURANCE
It is further agreed that: The DEVELOPER shall take cut, 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 Egineer at or prior to
the time of execution of this AGREEKMTT 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. •
23. MAPS AND/OR Ih(PROVEF1fSIT PIANS
•
• It is further agreed that the CITY shall obtain the following map
and/or plans at the DEVELOPER'S expense:
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 aperature card of
all executed improvement plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance
deposit the oast for all prints of plans and map required under Item 23.
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators executors,
successor, assignee and transferees of the DEVELOPER. The assignment of
this AGREEMENT shall not be made without approval by the City Council of
the City of Cupertino.
•
GENERAL ACRNCWLECGMT
State of California
•
County of Santa Clara
On this SU"
anday of , in the year MI6 , before
me, Roberta Ann Wolfe, the ..ersigned Notary Public, personally appeared
•
personally known to me
t/Zproved to me on the basis of satisfactory evidence
to be the person(s) w-xose name(s) DI subscribed to this instrument, and
acknowledged that �i executed it.
Witness my hand and official seal. /////�
a-7GX9GU`Cc9Gc9Gc%GUCc�c.U�.U�^.`Uc�(Jci�Z�`cc2,
/h/run"
OFFICIAL SEAL
'< ROB RTA ANN WOLFE .
i``; .: NOTARY PUBLIC-CALIFORNIA C
Ii,
el SANTA CLARA COUNIT G
UMy Commission Expires Juno 11,1993
.,. ,rmn:BOY,Oraaaoao4�Y:B GTaclacaG6
•
•
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.
•
CPPV OF CUPER IIN�O:
Approved as to form: 1/4SAP - 9i
Mayor
•
City Attorneytr—Ge U z zJ up-
City Clerk
•
•
DEVELOPER:
•
Notary Acknowledgment Required
•
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of ,_ .. , AGENT'S COPY" i . ,. . . .. ,.
STATE _GUAR.. 9UND ._
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A ENDORSEMENT
DATED Atrion¢o TO POLICY HO. NA141101,INSUAANCG COMTANY
9-5-90 ANUFOaMIHO 90773 83 63 FIRE INSURANCE EXCHANGE
PANT er
ISSUED To
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2242 CAMDEN AVE //7 SAN JOSE CA 95124
AGENT
COMMENCEMENT OF POLICY tNPIhATION OF POLICY cFFECTIVE DATE OF tHis CNOOREEMENT
6-21 -90 UNTIL CANCELLED 9-5-90
AMOUNT OF INeURANCEP4rrPER146 OLD RATE NEW MATS ADDITIONAL PREMIUM NET°SN AREMIUM
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❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
IS CORRECTED OR CHANGED TO READ AS FOLLOWS
EXTEND LIABILITY TO :
THE CITY AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO INDIVIDUALLY AND COLLECTIVELY AND THE OFFICERS,
AGENTS AND THE EMPLOYEES OF THE CITY INDIVIDUALLY AND
COLLECTIVELY.
' FIRE INSURANCE EXCHANGE HAS A BEST RATING OF A—EXCELLENT
INCLUDES 10 DAY NOTICE OF CANCELLATION TO CITY OF CUPERTINO .
{Consent by
Insured
*Consent by
MDrtgagre or Payee
•Not required unless policy is reduced or restricted by this endorsement.
C