90-050 James Sisk, Developer of single-family dwellings 21984 McClellan Rd219811 McClellan Road
APN# 356-8-28
AGREEMENT
This AST made and entered into this day
Of , 19 ,`''; , by and between the CITY OF
CUPFfTIN0, a municipal corporation of the State of California, hereinafter
designated as CITY, and JAMES H. SISK
hereinafter designated as DEVELOPER.
WIITNESS ETH
WHEREAS, the DEVELOPER has made application to the CITY for a
BUILDING PERMIT
AND PARCEL MAP
to construct and maintain SINGLE FAMILY DWELLINGS
hereinafter referred to as "Project. °i
W1111, CITY hereby approves the impnma-nent 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
WIIMS, the same are incorporated herein by reference, the same as
though set out in full;
NOW, FORE, 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."
51,890
WHEREAS, pursuant .to the provisions of this AG i, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHE= OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
EIGHTEEN THOUSAND DOLLARS AND NO/100
PART B. Labor and Material Bond:
EIGHTEEN THOUSAND DOLLARS AND NO/100
PART C. Checking and Inspection Fee:
NINE HUNDRED DOLLARS AND NO/100
PART D. Indirect City Expenses:
ONE HUNDRED THIRTY FIVE DOLLARS AND NO/100
PART E. Development Maintenance Deposit:
ONE THOUSAND DOLLARS AND NO/100
PART F. Storm Drainage Fee:
FIVE HUNDRED THREE DOLLARS AND NO/100
PART G. One Year Power Cost:
PART H. Street Trees:
PART I. Map wing Fee:
TWO HUNDRED TEN DOLLARS AND NO/100
PART J. Park Fee: Zone II 480-0000-'a6-022-
TWENTY ONE THOUSAND DOLLARS AND NO/100
PART K. Water Main lion Deposit:
TWO THOUSAND THREE HUNDRED EIGHTY FIVE DOLLARS AND NO/100
PART L. Maps and/or Improvement Plans:
As Specified in Item #23
$18,000
$18,000
$ 900.
$ 1-35.
$ 1,000.
$ 503.
N/A
N/A
$ 210.
$21,000.
$ 2,385.
NOW, THEREFORE, IT IS HEREBY NMALLY 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 writ'
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 AGREE the DEVELOPER agrees deliver a properly executed grant deed to the CITY of the real to
described in Exhibit "A", and such other executed conveyancesy
instrx"ents necessary to convey clear title as herein , or
DEVELOPER shall provide, at the DEVF,LOpER' S sole cost and ejgpse, . to The
the
City:
(1) A preliminary nary title report issued
by a title insurance
ccupany relating to the property offered for dedication.
(2) A standard polio, of title insurance issued
insurance cxmgaany and insuring t CITY in the sun of: by a title
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 AGREENI qT, 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 AGREIIMm' or such longer as may be specifically authorized in writ per
event the DEVELOPER fails or refuses t the City �ineer. In the
specified period of time, the CITY, at its sole e Work within the
authorized to complete the Work in whatever manner the cITX option,
ecldee..
In the event the CITY completes the Work, the CITY may recover any and all
bosts incurred thereby from the DEVELOPER .or the DEVELOPER'S surety or
B. The DEVELOPER shall install and cm'Plete 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 gent Standard Specifications of the Department of Public
Works, California Department of Transportation, State of California, and
where applicable.
in accordance with the specifications of the Cupertino Sanitary District
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.
It is further agreed that the DEVELOPER shall ccoply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the 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 proshal
excavation is to commence. posed
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 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.
A. Upon the execution of this AGRIMM4T, the DEVELOPER shall file
with the CITY a faithful
performance bored to assure his full and faithful
performance
bond shall
of this AGRFII?T. The penal sum of said faithful performance
be the full
AGREEMENT,
cost of any payment to be made under this
the value of any land agreed to be dedicated, and any
improvements
to be made under this AGREEMEar. In the event that
improvements
addition to
are to be made under this AGREIImEar, the DEVELOPER shall, in
said faithful performance, file with the
materials bond
CITY a labor and
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 canpany 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,
improvements
or to make any payment, or any dedication of land, or any
this AGREE
herein,required, the CITY shall call on the surety to perform
=
to so do.
or otherwise indemnify the CITY for the DEVELOPER'S failure
B. In lieu of a surety bona, the DEVELOPER may elect to secure this
AGREEMWr 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 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.
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 Ate, the apt 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.
r � rya �►�• � �.
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREE, indirect expense allocable to processing
these improvements, the amamt as set forth herein at Page 2 (Part D).
F.. i
REM —
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 ccupliance 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) .
0)f 01 • • hI h I• M 81`.►
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREaMiT, the amount set forth herein at Page 2
(Part E) as a developnent 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
wearing in said work during the period 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.
. -r .�- • /• n Ala
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREEMERr, 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) .
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 r
monies are needed to implement improvements outlined by the Director of
Public 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 CST
It is further agreed that the DOPER shall pay to CITY prior to
execution of this AGREQME"r, the amount as set forth herein at Page 2
(Part G), which amount represents the power cost for street lights for one
year.
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
"Park Dedication Ordinance" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
14-A. PAP-K FF.r" A=S MENT P�VISIONS
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part J, requires formal ccnfirmati.on. The CITY
shall employ a qualified local appraiser to provide a'market value of the
land. The City will calculate the "Park Fee" based on the appraisal. The
Developer agrees to pay for any deficiency'within 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. M.AP I'—E 1' NCE OF TZRK
It iS fu_ Cher agreed that the DEUELOPSrq shall maintain the Work until
all deficiencies in the Work are corrected to conform, to the Plans and the
City starr3ards and s_r_ecifications for the Work. The DFVELoPER shall, upon
wr'it`t-en notice thereof, imTediately repair or replace, withcut C st or
obligation to the. City of Cupertino, and to the entire satisfaction of
said LT'I'Y, all defects and imperfections arising out of or aue to faulty
workra .p and/or materials appearing in said Work.
16. SANT= DISTRICT
It is further agreed that the DE=p-7 2
exec=ion of this AC-4M I', a letter from tht
mating that the DEVELOPER has entered into
said District to install sanitary sewers to
Project and stating that a bond to ir5s ful:
the ccnst—ruction of the said sanitary sewers
said sanitary se<.aer in conformance with the
Paragraph 15 above has been filed.
17. GCVz--RZ= CODE
shall file with CITY, urcn
Cupertino Sanitary Distxic_-
se;az-ate AGR�-T with the
serve all lots within said
. and faithful performance of
and to insure maintenance of
provisions as set forth in
It is furte-- agreed that LEVF1_0PER shall file with CITY, upon
execution of this AGRaz=, substantial evidence that all provisions of
Section 66493, Article 8, Chaptar 4 of the Gave= ent Code, pertaining to
special assessments or bonds, have been complied with.
18. CE "= FM DISIIt =
It is further agreed that the DEVET.OPER shall file with the CITY, upon
execution of this AGREEI M, a letter from the Central Fire Protection
District of Santa Clara County, stating that the M=PE R has entered
into an AGREEM2qT 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. PACLFIC GAS AND ELEECIRIC/PAC.IF'IC HELL
It is further agreed that the DEV=PER shall pay to Pacific Gas and
Electric Company and/or to PA=c E+EtT, Ccnpany any and all fees requ=ed
for installation of overhead .and/or wiring circuits to all
electroliers within said property and any and all fees regl red 'for
urxi ' as prcvi.d,ed in Ordinance No. 331 of CITY when DEVEMPER is
notified by either the City Engineer or the Pacific Gas and Electric
Company and/or PACIFIC HELL Cmpany that said fees are due and payable.
7
20. EASE ERM AND RIGTr-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 -sway, 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 stun 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 BAFd-=S
It is further agreed that, c=mencing 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.
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
mast 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 .AGREEMENP 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.
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 frcam the development maintenance
deposit the cost for all prints of plans and map required under Item 23.
24. SUCCESSUS
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferrees of the DEVELOPER. The assignment of
this AGPMMTI' shall not be made without approval by the City Council of
the City of Cupertino.
IN wi T1ESs WHMMF, CITY has, caused its name to be hereunto affixed by
its Mayor and City clerk, thereurto duly authorized by resolution of the
City Council and said m-v=PER has hereunto caused his name to be affixed
the day and year first above written.
Approved as to form:
City Attorney
State of California
County of Santa Clara
OFFICIAL SEAR
HELEN K. YATES
NOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY.
My Coffmission Expires May 10, 1991
Mayor
4citylerl
EWinI 4'2+:�
aP �
On this the 8 t h day of March t9 9Qbeloleme.
SS.
Helen K. Yates
the undersigned Notary Public, personally appeared
James H. Si
personally known to me
(I proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is subscribed to the
within Instrument, and acknowledged that he executed il.
WITNESS my hand and official seal.
ary's Signature
nI NI 114L n;.NNpIVL EnGME N 1 fOnM 7110057
RESOUJITON NO. 8069
RESOLUTION OF r COMCIL OF r OF -aa r •
APPROVIM PARCELMAP AND IMPROVEMENT- • PROPERTY LOCATED
AT 21984 C :• • s DEVELOPER • r
EXECUTION • OF r- ;• E AGREEMENT; AUTH• • r. I
NG
OF PARCEL Mr - AND DvaIRCIVEMENT
WHEREAS, there has been presented to the City Council for approval of
the parcel map and improvement plans of property located at 21984
McClellan Road by James H. Sisk; and
WBEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, and for
other inprovements, and good and sufficient bonds (letter of credit),
fees, and deposits as set forth in Exhibit "A" having been presented for
the faithful performance of said work and the carrying out of said
agreement; and said map, agreement, and bonds having been approved by the
City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT:
a. Said parcel map and improvement plans herein referred to are
hereby approved.
b. The offer of dedication for street areas and all easements is
hereby accepted.
C. The City Engineer is hereby authorized to sign said improvement
plans.
d. The City Engineer and the City Clerk are hereby authorized to
sign said parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of March 1990, by the
following vote:
RESOLUTION NO. 8069
P20.149*140WIWIM
DEVELOPMENT: SINGLE-FAMILY DWELLINGS
JAMES H. SISK
LOCATION: 21984 MCCI,ELLAN ROAD
A. Faithful Performance Bond:
EIGi-n= THOUSAND AND 00/100 DOLLARS
B. Labor and Material Bond:
EIGiTEEN THOUSAND AND 00/100 DOLLAR,,
C. Checking and Inspection Fee:
NINE HUNDRED AND 00/100 DOLLARS
D. Indirect City Expenses:
ONE HUNDRED UUMY FIVE AND 00/100 DOLLARS
E. Development Maintenance Deposit:
ONE THOUSAND AND 00/100 DOLLARS
F. Storm Drainage Fee:
FIVE HUNDRED THREE AND 00/100 DOLLARS
G. One Year Power Cost:
H. Street Trees:
I. Map Checking Fee:
TWO HUNDRED TEN AND 00/100 DOLLARS
$ 18,000.00
$ 18,000.00
$ 900.00
$ 135.00
$ 1,000.00
$ 503.00
R
N/A
N/A
210.00
J. Park Fee: Zone II 480-0000-416-022 $21,000.00
TWENTY ONE THOUSAND AND 00/100 DOLLARS
K. Water Main Extension Deposit: $ 2,385.00
TWO THOUSAND THREE HUNDRED EIGHTY FIVE AND 00/00 DOLLARS
L. Maps and/or Improvement Plans: As specified in Item 23
of agreement