CC Resolution No. 22-140 Approving the final map - tract No. 10587, 22690 Stevens Creek Boulevard_revised 8/22/23RESOLUTION N0. 22-140
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE FINAL MAP - TRACT N0. 10587, ACCEPTING THE
PUBLIC STREET AND PUBLIC SERVICE EASEMENTS OFFERED FOR
DEDICATION, ABANDONING REDUNDANT PUBLIC ROADWAY
EASEMENTS, AND AUTHORIZING THE CITY ENGINEER TO EXECUTE
THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE ALAN ROW
DEVELOPMENT PROJECT LOCATED AT 22690 STEVENS CREEK
BOULEV ARD (APN: 342-14-104, 342-14-105 & 342-14-066)
WHEREAS, on January 13, 2022, the City Council adopted Resolution No.
22-011 approving a Vesting Tentative Map for a ten-lot subdivision; and
WHEREAS, the proposed final map conforms to the requirements of the
Subdivision Map Act and the Cupertino Municipal Code and is in substantial
compliance with the approved Vesting Tentative Map; and
WHEREAS, the Alan Row Development Project, including the Vesting
Tentative Map and final map, is described and analyzed in the Initial Study and
Mitigated Negative Declaration; and
WHEREAS, prior public roadway easements (Book 0082, Pages 615 & 618)
are made redundant by the public roadway dedication in fee title shown on the
Final Map; thereby preserving all rights and protections for any public utilities
within the area; and
WHEREAS, public roadway dedication and public service easements are
necessary to accommodate the approved use of the properF5r and have been
offered for dedication and granted with the map; and
WHEREAS, the Subdivision Improvement Agreement has been presented
to the Council in a form ready to be executed; and
WHEREAS, the final map for the properFy located at 22690 Stevens Creek
Boulevard (APN 342-14-104, 342-14-105 & 342-14-066) has been presented to the
City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the final map and authorize its recordation, accept the public roadway
Resolution No. 22-140
Page 2
dedication and public service easements, approve the abandonment of the
redundant public roadway easement as shown on said map, and authorize the
City Engineer to execute and record the Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that the City Engineer is authorized to make
such non-material changes to the final map and Subdivision Improvement
Agreement as are necessary to finalize them.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 25ih day of November, 2022, by the following vote:
Members of the City Council
AYES:
NOES:
Paul, Chao, Moore, Wei, Willey
None
ABSENT:None
ABSTAIN: None
SIGNED:
I
ti/':y.lz_az z
DCI:a,rcyOfPCauupl-,e'ert
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
11/30/22
Attachment B
OWNERaS STATEMENT
WE HEREBY STATE TIIAT K A)I! 7)lr 011NERS OF OR HAVE SOME RIG117: TITLE OR
INTElliEST IN AND m THE REN PROPERTY INCLuDED llll?llN TIIE SklBDMSION S)IOWN
CIN 7)1! IllAl'i THAT WE aE THE ONLY PERSONS 11HOSE CONSENT IS NECES!iA?Y TO
PASS A CLEAR 7}Tl! m SAID IIEAL PR(X'ERrfi AND THAT 11€ HEREBY CONSENT ?D
W uAKINa OF SiUl) MAP AND SuBDMSION AS 91011M IIITHIN THE DISTINCTIVE
BORDER LINE NID ALL DEDICATIOIIS AND OFFERS (F DEDICATICIIIS THEREIN.
11€ ALSO HEJ1E8Y DEDICATE IN FEE TO 7HE CITY OF CuPERTINO FOR PUBLIC W A!i
RIC!IT-OF-WAY 11){EREAL PROPERTY DEllNfA7ED HEREON AND DESI(MATED aSmEET
DEDICATIGI m C17Y OF CIJmTINe. jJ)IICH DEDICAnON SHALL BE E?'FfC7ED BY
SEF'ARATE INSmuMENTl
IIE ALSO HEREBY DEDICATE m THE Clrl OF CU1'ER71NO PuBuC iff OSEIIIENTS
FOR ANY AND All PUBLIC SERVICE FACILITIES INCulDING POLES. llllla CONDulTS.
GAS. WATER, HEAT IIIAIN!i AND ALL AF'F'lJRTENNlCES TO THE ABOVI! 11NDER. uF'Oll.
OR 01ER 'n40M CERTAIN mlPS OF LAND IYIW. BETIIIEEN THE FROIIT AND/OR gDE
LIMES CF LOTi AND THE DASIIED LINES AND/OR THOE CERTAIN AREAS LYIM-
BrNIEEN DA5klED LINai EAC)I DESIL-NATED AS aP.S.E.o (PklELIC SERVICE EIISE)IENT).
n4E ABOVE MENnONE PUBLIC SERVICE EASEAIENTS m 8E KEF'T OPEN AND FRff
FROAI BulLDlMS AND muCnJRES (F ANY KIND EXaEF'T PuBLH: SERVICE
smucruna IRRTGAnTh SrsmiS AND WPuRrmaycts 7)IERETO. UiwL FENCE!I
AND ALl LAWRJL UNSII)'1'OR7ED ROOF OliERHANa
Ill! ALSO HEIIEBY DEICATE m 7hE Clrl OF CIJF'ERIINO PIJBLIC USE rASalENTS
F€R SANITARY SEWER PuRPOSES UNDER. ON. OR OVER T1109 CERTAIN S7RIPS (F
LAND D!S11.NATED AND DELINEATED AS aiKEo (SR)ITARY SIIIER EASEMEN7) SAID
EASEMEN7S m BE KEf'T OPEN AND FREE F7TOAtALL BulLDIN(15 AND STRuCTuRES OF
ANY KlsD EXLiPT IRRI(lATlaN SYSTEAIS NID APPIJRTEIIANCES THERE'm. LAWRIL
FENCES AND A(1 LAWFklL uNNPPORTED ROOF OVERHAN(S
11/E ALS'O HE!IY li!SERVl FOR THE 01WER!I OF LOTS l THROUGH 9. THEIR
LICENSEai, Vl!;ITORS. AND 7ENANTS REClF'R€XJL Rl(111TS FCR STORM DRAINA(;E AND
SANITaY SEIII!It PuRPQ DESIGNATED AND DEIJNEATED AS oP.S.D.lo (PRIVATE
SmM DRAINAGE EASEI!IENT) AIIID aP.SSE.- (PRIVATE SANITaY SEIIER EASEMENr)
1NCLIJD111137?lf INSTALLATION AND ilAIN7ENANCE OF PRIVATE STORM DRAINAGE MID
SANITARY S'WER FACILITIES. THESE EASEMEN7S ARE TO !IE KEF'T OP1N AND FREE
PIIOAI 81JILDlNGS AND STRuCnlRES OF ANY KIND. EXCEF'T IRRIGATION SYS7E111SAND
AF'PuRTENANaES THERnD. LAIIFIIL FENCES 010 All LAWRJL 1JNPF'ORTE3 ROOF
OVERHANGS 7HE AtAlN7ENAllCE. REPAIR. AND/OR REF'LACEMENT CF PRIVATE STORM
DRAINAGE FACILITIES SHALl BE THE SaE RESPONSIBILlrf OF 7HE LOT OWIIERS.
SAID EASatENT IS NOT OFFERED. NOR IS IT ACeTH) FOR DEDICATICN 8Y THE
CITY OF CIJPERTINO.
WE AISO HEREEIY RES!RVE FOR 7Hl OWNE)IS OF 1075 i TllROkl(M 9. TIIEIR
uCENSa VISJT(IRS. AND TENAN7S RECIPROCAL RIGHTS FOR WATER LINE PuRPCISES
usor:p, os, oR 01ER THOSE CERTAIN STRIPE OF IAND DESIGNA7ED AND DBJNEATED
as ap.wro (pmva'rt WAT!)I LINE EASE111EN7). SAID EASEIIIENTS m BE KEFIT CPEAI
AND PIIEE FROlt ALI alJILDINGS AND STRklCTURES OF NIY KIND EXCEF'T IRRIGA'nON
SYSITAIS AND APF'uRTENA?4CES 7H!)lTh. LAiFlll I'ENCES NID ALL LAWIIL
uNSuPPORTED ROOF OVERHANi. SAID EASfM5VT IS NOT OFFEIIED. NOR IS IT
ACCEF'TED FOR DEICATION !IY THE CITY CF CIJPERTINCI.
WE ALSO HE11E8Y RfSEliVT FOR 'n4E 01VjtERS OF LOTS l THROIJGH 9, THEIR
LICENSEES, VISITOR!I, AND TENANTS RECIPRCICAL RIGHTS FOR IVATEII ufTER
PURI'OSES UNDER. ON. OR OVER THOM CERTAIN STRI)'S OF LAND DEg(#4ATED AND
DELINEATED AS a?.)VAt.E- (PRIVATE WATER AIETER EASEMENT). SAID !ASEMENTS TO
BE KEPT OPEN AND FREE FROAI ALL BulLDINGS AND S7J1UCTUR!S OF ANY KIND
EXCEPT IRRIGATION SYSITAIS MID A)')'UIITENANCE!I 7HERE'T0. LAIFIIL ITNCES AND
All LAWFIIL uNSklPPORTED ROOF OlaHAMS. SAID EASEMENT IS NOT OFFERED.
NOR IS IT ACCEPTED FOR DEDICATION 8Y THE CITY OF CklPERTINO.
VIE ALSO HEREBY RESERVE FOR THE OWNERS OF LOTS l THROUGH 9. THEIR
LICENSEES. VISITOIIS. AND TTNAAITS RECIPROCAL RIGHrs OF INGRESS AND EGRESS
UPON AND OVER TIIOSE CERTAIN S7111PS OF LAND DESJGNATED AND DELINEATeD AS
oP.l.E.E.o (PRlVAln INtlRESS ANn fGff!i!+ EASEMENT). SAID EASEMENT IS NOT
OFFERED. NOR IS ff ACCfP7EO FOR DEDI(:ATION BY THE II.ITY OF (.lJPERTINO.
LOT aAa IS NOT OFFERED FOR DEDICAnON AND IS )IESEIIIED FOR 7H! FklnJRE
CONVEYANCE TO W HOIJEOWNERS ASSOCIATION OF'nllS SUBDIVI!IION. LOT aAa
INCLuDES A aCOMMON AREAo FOR COMliON SPACE NID A PRIVATE DRIVE. SAlrl LOT
IS NOT DEDICATED FOR 7HE USE 8Y THE GENERAL PUBLIC BUT RESERVED FOR W
USE OF 7)IE HOMEOIIIIIERS OF THE SuBDIVISON FOR. BIJT NCF LIMITED m. ACCESS.
PARKING. L171L171ES. DRAINM.E. IN(.RESS AND IJIIESS MI ACCORDANCE WITH TIIE
SIJBDIVISION REmlC,TIONS FOR THIS uA)'.
AS Ol#NERaS:
ALAN ENTERP)IISE. LlC. A CALIFORIIIIA LIMITED LIABILITY CDMPANY
TRACT NO. 10587
ALAN ROW
CONSISTING OF TIIREE (3) SHEETS
BEING A SIIBDIVISION OF CF THE LANDS DESCRIBED IN T)IAT CERTAIN
GRANT DEED, RECORDED DECEMBER 31 2019 AS DOCUMENT
N0. 24370764 0maAL RECORDS OF SANTA CkARA COIINTY
LYING EIIITIRELY Vl}THIN THE
CITY OF CUPERTINO. SANTA CLARA COUNTY. CALIFORNIA
LVBkF 1730 NORTH FIRST STREET, SIIITE 6(10
SAN JOSE, CALIFORNIA 95112
SuRVEYOR'S STATEMENT
T)115 MAT' WAS F'REF'ARED BY ME all UNDER If!Y DIRECTION AND IS BASED IJPON
A FIEI SURVEY IN CONFORMN4CE 11F714TIIE REQulREMENTS OF 714E SUBDIVISION
MAP ACT AND LOCAL ORDINANCE AT THE REQUEST CF AL4N DITERPRISE 11C IN
AF'RIL 2022. I HEIIAY STATE TIIAT ALL 7)IE MONUAIENTS ARE OF 7)lr
CHARACTER AND OCCIJPY THE POSlnONS INDICATED OR 7HAT 7)IEY iltLL BE SET
IN THOSE PO5T10NS BEFORE DECEMBER 3i. 2025. AND TIIAT THE MONuMENTS
ARE, Of? IIILI BE. SuFRaENT TO ENA!ILE THE SIJRVEY TO BE llF7RAjD. AIID
THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO TIIE APPRrlVED OR
CONDITIONALLY AF'PROVED TENTATIVE MAP.
DAVIS THRESH
P.LS N0. 6868
OWNER'S ACKNOWLEDGMENT
A NOTARYPU!11JCOff OTIIER OFFICERlAMPLEllNa LULLSCERTIFICATEVERlnES ONLY I)IE
IDENTITYaF TIIF INDluDUAt WIIO SIGNED1111! DOCIIMEIIT TO II)IIC)I WS CERTIICATEIS
ATTACHD. mD N(ff W TlllJTWllkllESS ACCll?ACY all VAUDlrf OF NAI DOCI)IJENT
STATE (F fSS.
A NOTARY PUBLIC.ON . 20 - BEFORE ME.
PERSONALLY rkPPEARFn
11HO PROVED m ME ON THE BASIS (F SATISFACTORY EIIIDEIICE m BE THE
PERSON(S) WHOSE NAME(S) IS/ARE !IU!ISCRI!IED TO TIIE lM'nllN IlaTRIJMENT AND
ACKNOIIILEDGED m AtE THAT HE/SHE/THrY EX!al7ED THE SAME IN HIS/HER/n4ElR
AuTHORIZED CAF'ACITY(IES). AND THAT BY HIS/HER/n4ElR 9GNAnJRE(S) ON W
lNSTRUMn4T THE F'ERSON(S). OR 7H! B4TITY UPON BEIIALF OF WHICH THE
PE)ISON(S) ACTED. EX!CUT!D W INSTRUMENT.
CERnFY UNDEII PEllMTY OF PERJklRY UNDER 7H! LAWS OF 171! STATE OF
THAT THE FORE[.alM. PARA1.RAPH IS 7RU! AND CORRECK
NOTARYS SIGllATuRk'
P111N7ED NOTARYS ItAAlP
NOTARYS PRINCIPAL PLACE OF EllJgNES&.
NOTARYS COAIMISSIOII suuar*
EXPIRATION DATE OF NOTARYS COAllillSSIONi.
SOIL AND GEOTECHNICAL REPORT NOTE
A GEOTECHNICAL REF'ORT ENTITLED aGEOTECHNICAL REf'ORT FOR THE IJEW
DEVElOPMENT AT 22690 S7EVENS CREEK CIJPERTINO. CAa AND DATED MARCH 03.
2020 WAS PREF'ARED EI Al-HlbVklALIXI LnviruinniC CDnr. F'ROXCT NIJMBER: 41.14
AND SK.NED 8Y SADAF M. !IAFAAI. C 84774. A COPY OF WHIC.H HAS BEEN FILED
1117H THE CITY CF aJPERTINO.
CITY ENGINEERaS STATEMEt4T
I HEREEIY STATE THAT I HAl € D!AIIINEI THE HEREON RNAL AIA)' OF TRACT N0. 10587.
TIIAT TIIE 9JBDlVISION AS SHOW HEREON IS SlJ8STAN'nAllY 7)lr SAAIE AS IT AF'F'EARED ON
7H! TEllTATlVE MAP. F ANX NID ANY APF'ROVED ALmATIOllS THEREOF: TIIAT All
PROIASIGIS OF 7Hr S(IBDIVISION MAF' ACK AS AMENDED. AND (F ANY LOaAL ORDINNICE
APPLICABLE AT THE TIME OF AF4'ROVAL OF TIIE TENTATIVE MAP. IF RECUIRED. HAVE BEEIII
CHAD MOSLEY. ?CE N0. 68(177
CITY OF CIJPERTINO. CALIFORNIA
CITY LAND SuRVEYORaS STATEffiAENT
I HEREBY STATE THAT I HAVE EXAMINED W HEREOII SUBDIVISION MAP AND I AM
SATISFIED THAT !+AID MAP IS TECHNICAlJY CORIIECK
DIRECTOR OF COMMUNITY DEVELOPMENT STATEMENT
THIS MAP IS (Y)NS1S7ENT llt7H 714E V!'i71NG TENTAnVE MAP APPROVE BY THE CITY
COUNCIL RESOLUTION N0. 22-011 DATED JANuARY 14 2022 7HIS SIIBDIVISION IS
SIJBJECT TO ALL THE COllDl'nONS IMPOSED ON IT AS A IIESOLT OF THE AF'F'ROVAL
F 7M-2020-00{.
BENJAMIN Fll
CCMMuNITY DEVELOPMENT DIRECTOR
CITY OF CllPERnNO
CITY CLERK'S STA7EMENT
I HEREBY STATE THAT THE CITY COUNCIL OF 7)IE CITY OF CuPERTINO AT A DULY
Au'n40Rl:fllD MEnlM. HELD ON THE DAY nF In
BY RESOLUTION NO. , DIJLY APPROVED THE HEREIN MAT' AS SHOWN
AND ACCEFl'ED ON BEHALF OF THE Plfl3LIC TIIE DEDICATIOII IN FEE OF All STREETS
AND PORTI(ME: 711EWOr AND AlL EASaEN7S OFFERED FOR FQJEILICUSr AS SHOIIN
CM SAID MAP IIIITIIIN SAID SIJBDIVISION.
ON 7HAT MAP EN717LED aTRACT N0. 1093-. FILED FOR RECORD IN BOOK 42 0F
MAPS. PA(E 37. IN SANTA CLARA CCHJNTY RECORDS. mD PORTIONS CF EASEIIIENTS
FOR PUBLIC STREETS mD ROAD PURPOSES. AS DEDICATED NID DESCRIBED IN BOOK
0082 PAGE 615 AND IN BOOK 0082. PAGE Fd& RECORDa) IN W ISIAITA aARA
COlJNTf OFFICIAI RECORDS. ARE ABANDGIED AS SHOlltt ON 17115MAF' PURSUANT
m GOVERNMEIIT CODE SECnON 66434.(G) OF THE SUBDIVI!30N MAP ACK
RECORDERaS STATEMEt4T
K1RST81 SQUARCIA. CITY CIERK
CITY OF CIJPERTINO. CALIFCRNIA
FEE j, PAID. ACCEPTED FOR RECORD
M. IN
BOOK OF MAF'S AT PAe - !iANTA aARA COUNTY RECORDS.
AT TIIE )I!QUEST OF EKF EIIGINEERS
REGINA ALCOMENDRAS. COIJNTY RECORDER
iANTA CIJIRA COIJNTX CALIFORNIA
SHEET 7 0F J
3-00487
TRACT N0. 10587
ALAN ROW
CONSISTING OF THREE (3) SjjEiTS
BEING A SllBDl1flSION CF OF THE I.AlllDS DESCRIBED IN 'IHAT CERTAIN
GRANT DEED, RECO)IDED DECEMBER 31, 2019 AS DOCUMENT
NO. 24370764 0mCIAL RECORDS OF SANTA CIJRA COLINTY
LYING DiTIRaY WITHIN THE
CITY OF IWERTINO, SANTA CLARA COUNTY, CAuFORNIA
42 M 37
4 ALL PROPOSED EASalEllTS AIIE !teMl (Ill Ym 3. (R) Q AL BEAllNla
STEVENS CREEK BOULEV AR[)
FORlaLY PERMANENil ROAD)
A PUBLIC STRaT WIDTII V ARIES)
DATE; tX.TO!IER 2022
1730 NORTII FIRST STREET, SUITE 600
SAN JOSE. CAuFORNIA 95112
LOT 9
L Nffl'56'35aW7243'
LOT 28, BlOCX 3
7RAaT NO. 1093
la 1137
NCnt5,
1. AIL luTAllaS AND DluENgOllS All! Ill FEET AND
DEallAlS TIIEREDF.
2. TIIE OIS'nNCTIVE eORDal ON! INDICATES THE
BOIINOAIIY OF THE LAND S118D1VIDED !IY THtS
tlAP AND CON?AIIIS A TIIITAL AIIEA (IF 11769
gAllE FEff ((iROSS), IIORE OR LESS. 4110 27.!!16
fflAllE FEET (NET). 11% OF W
I ALL aiEllE)IT uNES WIT)1011T fflaS ARE
PAtALLEk 1117H alD/at IDIPDlm m W
10UNDARY AND/OR Lf)T ullF
FalND IIOMIIIEIIT. AS NOTED ON )UP
m 115a BRA!S 01!€ IN UONuU!NT m
BASIS OF BEARINGS
nlE BEARING NORThl 890580350 WEST OF THE MONuMEllT LINE
OF SIEVENS CREEK BOULEVARD. BETWEEN FOLIND
MONuMENTS. AS SHOW all 7+1AT CERTAIN MAP, FILED FOR
RECORD ON All(iUST 28, 1980 IN 80(X 469 0F MAPS AT
PA(iES 51 THROUGH 59. IiECOROS OF SANTA CLARA COIINTY
WAS TAKEN AS T)IE BASIS OF BEARIN(! OF THIS MAP.
83-tag
MCE UAF'S
ffl SHEET 3 FOR PROPOSED
P.S.D.E.. P.I.E.E.. P.W.E.,
P.W.M.E.. P.S.L. IS.E.. P.S.S.E.
EASEMEN T!i
RANCHO VENTtJRA
STREET
SHEET 2 0F 3
3-00487
FalllD IIONUIIEIIT. AS NOTED 011 liAP
SET 3/4a IROII PPE WTH PLkfnC Pula.
TAO 410 TACK. STAIIPED aLS 6Ma
ffi 18a am l)ffll: IN 11(lNuliflT liaL
fTAllPED 15 886aa
STEVENS CREEK BOULE:V ARD
tPORMa.Y I ROAD)
A I%ue m MDTII VAlaa)
TRACT N0. 10587
ALAN ROW
CONSISTING OF T)IIIEE (3) SHEETS
BEING A SIIBDIVISION OF OF THE kANDS DESCRIBED IN ThlAT CERTAIN
GRANT DEED. RECORDEn DECElilBER 31. 2019 AS DOCUMENT
NO. 24370764 0mCIAL RECORDS OF SANTA C1.ARA COUNTY
LYING ENTIRELY IWTillN TIIE
ITY OF CIIPERTINO. SANTA CLARA COLINTY. CAuFORNIA
tjalBkF
DATE: OCTOBER 2022
1730 NORTH FIRST SmEET. SIIITE 600
SAN JOSE. CAuFORNIA 95u2
NlImS
t. ALL DISTa AND (lliai(IIIS 1111! IN 11! AND
DEI)11Alj ThEREDF.
z w mswamt aomai t.oit moiota M
IWNDAlff y W LAND ay 'niis vu
Ale @OllTllDi9 A MAL aEA OF am IKlllllllt
FEET tBIM U(IIIE ell 11!fl AND 27A)a
WARE FEET (NETA 11% tF la!
ALl alWlff ull!S ThOlff fflaS AIIE
PMALLa WnN alDQ i'EllPENOlaLAll Th W
aOllllDAllY Ala)/51 LOT llllL
4 ALL IMIThla a!aeINTl Allt ffl (N Wff !
L TB8T3' J
LINE TABLE
gy
jji
SHEET 3 0F 3
3-00487
RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE '[NACCORDAJNCE
WITH GOV. CODE 27383
25413949
RSa@ri9t'anaClQarlacoCmoeunndtyra-sClerk-Recorder
12/G!19/2e22 lel:31 Qfl
Titles: 1 Pages : 16
Faas: $OJ!)el
Taxes :$21
Total: $21J%5
llllW'iffYllFih'!N!:Iilili'lVThMIi(,Kit'Qitr&*t), €1111
SPACE ABOVE THIS LINE FOR RECORDER'S USE)
SUBDIVISION IMPROVEMENT AGREEMENT
22690 Stevens Creek Boulevard Cupertino, CA
APN 342-14-104, 342-14-105, & 342-14-066
1 0riginal
1 Conformed Copy
City of Cupertino
SUBDMSION IMPROVEMENT AGREEMENT
22690 Stevens Creek Boulevard, Cupertino, CA 95014
APN: 342-14-104, 342-14-105 & 342-14-066
This agreement ("Agreement") ismadeandenteredintothis;1'8 dayof .SeP4ga>. kr {
2022by and between the City OF CUPERTINO, a municipal corporation of the State of California, ("City"),
and Alan Enterprise, LLC, a California limited liability company ("Subdivider") for a ten-lot residential
subdivision located at 22690 Stevens Creek Boulevard, Cupertino, CA (APN 342-14-104, 342-14-105 & 342-
14-066)
RECIT ALS
1. Pursuant to the Subdivision Map Act of the State of California and the City's local ordinances and
regulations relating to subdivision maps, Subdivider has presented to the City for approval a final
subdivision map, Tract No. 10587 (the "Map") for the subdivision of certain real property in the City of
Cupertino, designated as Final Map for a ten-lot subdivision at 22690 Stevens Creek Boulevard, Cupertino,
CA (the "Subdivision").
2. Subdivider has prepared and City has approved the following plans and related specifications
the 'Improvement Plans") for construction, installation and completion of certain public improvements in
connection with the Subdivision (the "Improvements). The Improvement Plans are on file in the City's
Department of Public Works and are incorporated into this Agreement by this reference.
3. Subdivider, has also offered for dedication to City certain streets, ways and easements
delineated on the Map (the "Dedications").
4. On , the City Council approved the Map and offers of dedication shown on
the Map, conditioned on Subdivider entering into this Agreement to construct and complete the
Improvements.
NOW, THEREFORE, in consideration of City's approval of the Map, and in order to ensure
satisfactory performance by Subdivider of its obligations under the Subdivision Map Act and the Cupertino
Municipal Code, City and Subdivider agree as follows:
1.SUBDMDER"S OBLIGATION TO CONSTRUCTIMPROVEMENTS
a. Completion of Improvements. Subdivider, at its own expense, and in compliance with all provisions
of the Subdivision Map Act, the Cupertino Municipal Code, the Map and any amendments thereto, and
other applicable laws, shall perform the furnishing, installation, and construction of all required
Improvements in conformance with the Improvement Plans ("the Work"). The decision of the City Engineer
shall be final as to whether any material or workmanship meets the applicable plans, specifications, and
standards as set forth herein and in the Improvement Plans.
b. Compliance with applicable laws and rules. Subdivider shall construct the Improvements in
accordance with the most current applicable standards and specifications of the Department of Public
Page l of 13
4876-5221-7902vl
NON-BCt25464003
Works, the State of California including without limitation the California Department of Transportation
collectively the "State Specifications"), 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 Pubtic Works" is mentioned, it shall be considered as refemng 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.
c. Repair and replacement of damazed public facilities. Subdivider shall, at its own expense, repair or
replace all public improvements, public utility facilities, surveying monuments and other public facilities
that are destroyed or damaged as a result of the Work. Subdivider shall promptly notify the City Engineer of
such damage and shall obtain the City Engineer's approval of all repair and replacement of damaged
facilities.
d. Subdivider's responsibility until City's acceptance. Until City accepts the Improvements, Subdivider
shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or
damage to the Improvements. City shall not have.any liability for any accident, loss or damage to the
Improvements prior to their completion and acceptance by City. City's acceptance of the Improvements
shall not constitute a waiver of any defects in the Improvements or Subdivider"s obligation to repair such
defects as provided in Section 8 of this Agreement.
e. Time for installation of Improvements. Subdivider shall install and complete the Improvements
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 pursuant to section I(f) of this Agreement. In the
event the Subdivider fails or refuses to complete the Work within the specified period of time, the City is
hereby authorized to complete the Work in whatever manner the City shall decide. In the event the City
completes the Work, the City may recover all costs incurred thereby from the Subdivider or, pursuant to
bonds posted as set out in Section 5 below, the Subdivider"s surety, or both. No final inspection shall be
granted or street improvements shall not be accepted unless all the requirements for safety purposes are
installed, such as sidewalks, handicap ramps, street lights, etc.
f. Time extensions. The City Councif authorizes the City Engineer to grant an extension of the time
required for the Work pursuant to Cupertino Municipal Code section 18.32.380. The City Engineer, in their
discretion, may approve, in writinB, a request for extension of the time required for the Work upon a
showing of good cause by the Subdivider. Good cause may include, without limitation, delay resulting from
an act of the City, acts of God, strikes, boycotts, or similar job actions which prevent the conduct of the
Work. The City Engineer shall grant a request for a reasonable extension of time if an action or omission of
the City causes a delay in the completion of the Work that the Subdivider could not have reasonably
avoided. ln approving a request for time extension, the City Engineer may impose reasonable related
conditions, such as requiring Subdivider to furnish new or modified improvement security guaranteeing
performance of this Agreement, as extended, in an increased amount necessary to compensate for any
projected increase in the estimated total cost of Improvements, as determined by the City Engineer.
g. Permits. Subdivider shall, at its own expense, obtain, and comply with the conditions of all necessary
permits and licenses for the construction of the Improvements and give all necessary notices and pay all
fees and taxes required by law.
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2. ACQUISITION AND DEDICATION OF EASEMENTS OR RIGHTS OF WAY
a. Subdivider agrees to dedicate the real property offered for dedication as shown on Tract No. 10587,
as filed for record with the County of Santa Clara, which is made a part hereof by reference (the "Dedicated
Property"). Upon the condition precedent that the Subdivider shall perform each and every covenant and
condition of this Agreement, the City agrees to accept said real property offered for dedication.
The Dedicated Property shall be free and clear of all liens or encumbrances except those which the City
agrees to waive in writing. Subdivider agrees not to revoke this offer of dedication, and to keep said offer
open until the City accepts offer. Upon execution of this Agreement, Subdivider agrees to deliver a properly
executed grant deed to the City of the Dedicated Property, and such other executed conveyances, or
instruments necessary to convey clear title as herein required. The Subdivider shall provide, at the
Subdivider's sole cost and expense, to the City at the time of acceptance of dedication and recordation of
deed, (1) a preliminary title report issued by a title insurance company relating to the property offered for
dedication, and (2) a standard policy of title insurance issued by a title insurance company and insuring the
City, showing that the Dedicated Property is free and clear of all liens or encumbrances except any that the
City expressly agreed to waive.
b. Subdivider shall acquire any easement and right-of-way necessary for completion of the Project at its
own cost and expense. However, that in the event eminent domain proceedings are required, the City for
the purpose of securing said easement and right-of-way, Subdivider shall deposit with City, a sum covering
i) the reasonable market value of the interest proposed to be taken and (ii) a reasonable allowance for
severance damages, if any, and (iii) estimated legal fees and costs, engineering, and other incidental costs
in such reasonable amounts as the City may require.
3. INSPECTION AND FINAL ACCEPT ANCE
a. Subdivider shall at all times maintain proper facilities and safe access for inspection of the
Improvements by the City Engineer.
b. Upon completion of the Improvements in compliance with the Improvement Plans and all
applicable standards, the City Engineer or, for facilities to be accepted by the Cupertino Sanitary District,
the District Engineer, shall perform a final inspection to determine the completeness of the fmprovements.
If the City and/or District Engineer determines the Improvements are complete and meet all applicable
standards and specifications, he or she shall issue a Notice of Completion pursuant to Cupertino City Code
Section 18.32.400.
c. Subdivider shall bear all costs of inspection and certification for acceptance. Acceptance by the
City Engineer and/or District Engineer shall not constitute a waiver by the City and/or Cupertino Sanitary
District of any defects in the Improvements.
4. GROUNDWATER RIGHTS
Subdivider, when requested by the City, shall quitclaim all his/her rights and interests in, and shall grant to
City authorization to extract water from the underground strata lying beneath said project. Subdivider
agrees to execute a "Quitclaim Deed and Authorization" regarding such rights, in favor of City upon such
request.
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5. SECURITY
a. Required Security. Prior to execution of this Agreement, Subdivider shall provide the following
security to City in one of the forms set out in Section 5.b below.
1) Faithful performance. Security for faithful performance of this Agreement in the amount set
forth in Part A of Exhibit A.
2) Labor and Materials. Security for fabor and materials in the amount set forth in Part B of Exhibit
A.
b. Form of Security. Subdivider shall provide as security, bonds executed by a surety company
authorized to transact a surety business in the State of California and approved by the City as to sufficiency.
In the event that the Subdivider shall fail to faithfully 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 Subdivider's
failure to do so.
In lieu of a surety bond, the Subdivider may, with the City's consent, which the City may grant or withhold
in its sole and absolute discretion, elect to secure its performance of this Agreement by depositing with the
City (1) Cash; (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 acceptable to the City and meeting the requirements of
Government Code Section 66499 (a) or (b). The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as Subdivider set forth in Parts A and/or B of Exhibit A. In the event that the
Subdivider shall fail to faithfully 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.
c. Release of Security. Security shall be released as follows:
1) Upon the Director's issuance of a Notice of Completion for the Infrastructure in accordance
with Section 3(b), 90 percent of the faithful performance security shall be released. The
Security remaining following such release is referred to herein as the "Remaining Security.".
2) Release of the remaining 10 percent of the faithful performance security at one year from
acceptance, or if the City issues a written notice or notices of defect pursuant to Section 8, one
year after all such defects have been corrected, provided that prior to the release of the
remaining amount the Director of Public Works shall have certified that no claims regarding the
workmanship or quality of the Infrastructure have been filed against the City, all such claims
have been satisfied, withdrawn, or otherwise secured by bond or other security approved by
the City Engineer.
3) Release of the entire labor and material security at six months from acceptance, or if the City
issues a written notice or notices of defect pursuant to Section 8, six months after all such
defects have been corrected, provided that prior to the release of the security, the Director of
Public Works shall have certified that no claims by any contractor, subcontractor or person
furnishing labor, materials or equipment for the Infrastructure has been filed against the City.
In the event that claims have been filed, the land and materials security may be reduced to an
amount equal to the total amount claimed by all claimants for whom liens have been filed and
of which notice has been given to the City, plus an amount reasonably determined by the City
Engineer to be required to assure the performance of any other obligations secured by the
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security. The balance of the security shall be released upon settlement or release of all claims
and obligations for which the security was given.
6. PAYMENT OF REQUIRED FEES
a. Permits and licenses. Subdivider shall, at its sole expense, obtain all necessary permits and licenses
for the construction and installation of the Improvements, give all necessary notices, and pay all fees
required by City ordinance, including but not limited to the fees described in this Agreement, and all taxes
required by law.
b. . The Parties acknowledge that as a precondition to the execution of this Agreement, Subdivider
has paid fees in the amounts set forth in Exhibit A, including but not limited to the following:
1) Inspection Fees. Subdivider shall pay all necessary direct expenses for inspection, checking, etc.
incurred by City in connection with said Project, and that Subdivider shaft have deposited
sufficient funds with City, prior to execution of this Agreement. Should construction costs vary
materially from the estimate from which this sum is calculated, the City Engineer shall notify
Subdivider of any additional sum due and owing as a result thereof.
2) Storm Drainage Fee. Subdivider 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.
3) Map Checking Fee. Subdivider shall deposit with City, prior to execution of this Agreement, for
office checkin@ 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.
4) Park Fee. Subdivider shall pay such fees and/or dedicate such land to the City, prior to
execution of this Agreement, as is required within Section 18.24.030, Park Land Dedication,
Cupertino Municipal Code. Park fees are calculated in accordance with action originally adopted
by the City Council on March 19, 19511 and Chapter 14.05 or Section 18.24.030 of the Cupertino
Municipal Code and as subsequently amended.
5) Transportation Impact Fee. Subdivider shall pay such fees, prior to execution of this
Agreement, as is required under Chapter 14.02 of the Cupertino Municipal Code.
7. STREET TREE INST ALLATION
Subdivider shall provide funds in the amount specified in Part F of Exhibit A, to the City for purchase and
planting of street trees as deemed appropriate by the City Engineer; or shall, at the discretion and at such
time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of
the City of Cupertino. The variety, number and location of trees are subject to City's prior approval.
8.MAINTENANCE AND WARRANTY
a. Warranty Period. Subdivider guarantees and warrants the Improvements and agrees to remedy
any defects, damages, or imperfections in the Improvements arising from faulty or defective materials or
construction of the Improvements for a period of one (1) year after City's acceptance of the Improvements.
Subdivider's obligation under this section shall include the repair, replacement, or reconstruction of all
irrigation systems and all trees, shrubs, ground cover and Jandscaping for the required one-year period.
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b. Warranty repairs and replacements. If, within the warranty period, the Improvements or any
part of the Improvements fail to fulfill any of the requirements of this Agreement or the Improvement
Plans, Subdivider shall repair, replace or reconstruct any defective or otherwise unsatisfactory parts of the
Improvements without delay and at no cost to City. If (a) Subdivider fails to commence repairs within thirty
30) days of the date of mailed written notice from City, or (b) City determines that public safety requires
repair before Subdivider can be notified, City may, at its sole option, perform the required repair itself.
Subdivider agrees to pay the cost of any repairs City performs pursuant to this agreement and City may, at
its sole option, recover that cost through the security provide under this Agreement and, as to any
deficiency after the application of the security, as a lien against Subdivider's property within the
Subdivision.
9.SANIT ARY DISTRICT
Subdivider shall file with the City, upon execution of this Agreement, a letter from the Cupertino Sanitary
District stating that the Subdivider has submitted plans for review by the District and that sanitary sewers
are available to serve all lots within the Project.
10.GOVERNMENT COSTS
Subdivider shall file with the 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 compiied with.
11.UTILITIES
Subdivider shall pay to Pacific Gas and Electric Company, AT&T, and/or appropriate utility companies, all
fees required for installation of overhead and/or underground wiring circuits to all electroliers within said
property and all fees required for undergrounding as provided in Ordinance No. 331 or subsequently
adopted ordinances of City or regulations of the appropriate utilities when the Subdivider is notified by
either the City Engineer, Pacific Gas and Electric Company, AT&T, or appropriate utility companies that said
fees are due and payable.
12.HOLD HARMLESS AND INDEMNIFICATION
a. To the fullest extent allowed by law, Subdivider shafl indemnify and hold harmless City, its City
Council, boards and commissions, officers, officials, agents, employees, servants, consultants and
volunteers (hereinafter, 'lndemnitees") from and against any liability, loss, damage, expense, and cost
including reasonable legal fees and costs of litigation or arbitration), resulting from injury to or death of
any person, damage to property, or liability for other claims, stop notices, demands, causes of actions and
actions, arising out of or in any way related to Subdivider's performance or nonperformance of his/her
duties under this Agreement, or from negligent acts or omissions or willful misconduct of Subdivider, its
agents, employees, contractors, or subcontractors. Subdivider shall, at his/her own cost and expense,
defend any and all claims, actions, suits or legal proceedings that may be brought against the City or any of
the Indemnitees (with counsel acceptable to City) in connection with this Agreement or arising out of
Subdivider"s performance or nonperformance of his/her duties and obligations hereunder, including all
claims, demands, causes of action, liability or toss because of or arising out of, in whole or in part, the
design and construction of the improvements. This indemnification and agreement to hold harmless shall
extend to injuries to persons and damages or taking of property resulting from the design or construction
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of the Subdivision, and the public improvements described in this Agreement, and in addition, to adjacent
property owners as a consequence of the diversion of waters from the design or construction of public
drainage systems, streets and other public improvements, 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.
b. Acceptance by City of the Improvements shall not constitute an assumption by City of any
responsibility for any damage covered by this section. City shall not be responsible for the design or
construction of the Subdivision or the improvements pursuant to the approved Improvement Plans or map,
regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the
particular improvement design was specifically required by City over written objection by Subdivider,
indicating that the particular improvement design was dangerous or defective and suggested an alternative
safe and feasible design, submitted to the City Engineer before approval of the particular improvement
design.
c. After City's acceptance of the Improvements, Subdivider shall remain obligated to correct or
eliminate any defect in design or dangerous condition created by defects in design or construction,
provided however, that Subdivider shall not be responsible for routine maintenance. Provisions of this
section shall remain in full force and effect for ten (10) years following City's acceptance of the
Improvements. Subdivider acknowfedges and agrees that Subdivider shall be responsible and liable for the
design and construction of the Improvements and other work done pursuant to this Agreement and that
City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting, or modifying
any Improvement Plans or related specifications or in approving, reviewing or inspecting any work or
construction. The improvement security shall not be required to cover the provisions of this paragraph
beyond the guarantee and warranty period specified in this agreement.
13.INSURANCE
Prior to commencing any of the Work, Subdivider shall procure and maintain for the duration of the Work,
plus an additional year from the date of acceptance for the Commercial General Liability coverage specified
below, insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Subdivider, its contractor, agents,
representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (150) Form CG 00 01 covering CGL on an
occurrence" basis, written on a comprehensive general liability form, and must include coverage for
liability arising from Subdivider's Contractors acts or omissions, including Contractor's protected coverage,
blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership
liability coverage, with limits of at least 92,000,000 per occurrence. The CGL policy must protect against any
and all liability for personal injury, death, property damag,e or destruction, and personal and advertising
injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (fSO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
a. Any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the
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minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of
coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Subdivider's policy shall be "primary and non-contributory"
and shall be at least as broad as 150 CG 20 01 04 13.
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or
excess insurance, provided each policy complies with the requirements set forth in this Contract. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or
self-insurance shall be called upon to protect City as a named insured.
2. Automobile Liability covering owned, hired, and non-owned autos, with limit no less than 51,000,000
per accident for bodily injury and property damage.
3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's
Liability Insurance of no less than Sl,000,000 per accident for bodily injury or disease.
If Subdivider maintains broader coverage and/or higherinsurance limits, City will be entitled to Subdivider's
broader coverage and/or higherlimits.
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to
be covered as additional insureds on the CGL policy. Endorsement of CGL coverage shall be at least as
broad as 150 Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG
20 33, or CG 20 38; and CG 20 37 if a later edition is used.
For any claims related to this Agreement or the Work, Subdivider"s insurance shall be "primary and non-
contributory" and at least as broad as 150 CG 20 01 04 13 with respect to City, its officers, officials,
employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance
are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory"
basis for the benefit of City.
Each insurance policy must provide that coverage will not be canceled, except with 30 days" notice to City.
Each certificate ofinsurance must state that the coverage afforded by the policy is in force and will not be
reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due
to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such
notice must be sent to City via certified mail and addressed to the attention of the City Manager.
Each required policy must include an endorsement providing that the carrier agrees to waive any right of
subrogation it may have against City. Further, Subdivider agrees to waive any rights of subrogation which
any of Subdivider's insurers may acquire from Subdivider by virtue of payment of any loss. Subdivider
agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers"
Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work
performed by Subdivider or Subdivider's Contractor, its employees, agents and subcontractors.
Insurance must be issued by insurers licensed in the State of California and with an A.M. Best's financial
strength rating of "A Vll" or better.
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14. ASSIGNMENT
Subdivider shall not assign this agreement without the prior writt'en consent of the City. Any attempted or
purported assignment in violation of this paragraph shall be null and void and have no force or effect. The
sale or other disposition of the Project shall not relieve Subdivider of its obligations under this agreement. If
Subdivider intends to sell the Project or any portion of the Project to any other person or entity, Subdivider
may request a novation of this Agreement and substitution of improvement security.
15. COVENANT RUNNING WITH THE LAND
This Agreement shall inure to the benefit of, and be binding upon the heirs, administrators, successors,
assigns and transferees of the Parties, and shall be recorded in the Office of the County Recorder and
constitute a covenant running with the land, to which recording the Parties each hereby consent. Upon any
sale or division of the Property, the terms, covenants, conditions and restrictions of this agreement shall
apply to each parcel, and the owner or owners of each parcel shall succeed to the obligations imposed
upon Subdivider by this Agreement.
16. DEFAULT, BREACH, AND REMEDIES TO CITY
a. Default. Default of Subdivider shall include, but not be limited to:
1) Subdivider's failure to timely commence construction of Public Improvements under
this Agreement;
2) Subdivider's failure to timely complete construction of the Improvements;
3) Subdivider's failure to timely cure any defect in the Improvements;
4) Subdivider's failure to perform substantial construction work for a period of 20
consecutive calendar days after commencement of the work;
5) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in
bankruptcy, either voluntary or involuntary, which Subdivider fails to r3ischar(zewithin 30
days;
6) The commencement of a foreclosure action against the Subdivision or a portion thereof,
or any conveyance in lieu or in avoidance of foreclosure;
7) Subdivider's failure to maintain any insurance policy required under this Agreement; or
8) Subdivider's failure to perform any other obligation under this Agreement.
b. The City reserves all remedies available to it at law or in equity for breach of Subdivider"s
obligations under this Agreement. The City shall have the right, subject to this section, to draw upon or use
the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City's
right to draw upon or use the security is in addition to any other remedy available to the City. The parties
acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction
of the improvements and, therefore, the City's damages for Subdivider's default shall be measured by the
cost of completing the required improvements. The City may use the sums provided by the security for
completion of the Improvements in accordance with the Improvement Plans.
c. In the event of default, the City shall deliver via first-class u.s. Mail written notice of such default
to Subdivider and Subdivider"s surety. If the Subdivider fails to cure any default under this Agreement
within thirty (30) days after receiving said notice, the City may provide Subdivider with written notice of its
intent to perform the obligations for which Subdivider is in default. Subdivider authorizes the City to
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perform the obligations for which Subdivider is in default, subject to the requirements of this paragraph,
and agrees to pay the entire cost of such performance by the City.
d. The City may take over the Work and complete the Improvements by contract or by any other
method the City deems appropriate, at the expense of Subdivider, and Subdivider's surety shall be liable to
the City for any excess cost or damages to the City resulting therefrom. In such event, the City, without
liability for so doing, may take possession of and use any of Subdivider"s materials, appliances, plant and
other property that are at the work site and are necessary to complete the Improvements.
e. Subdivider hereby grants the City an easement over all lands Subdivider owns within the
Subdivision, for the purposes of all access, egress, and occupation required to complete the Work in the
event that the City exercises its right under this Agreement to do so. Such easement shall terminate
without any further action of wither Party upon the completion of all of Subdivider's obligations under this
Agreement, including for avoidance of doubt, obligations under Section 12.c.
f. Subdivider"s failure to comply with the terms of this Agreement constitutes Subdivider's consent
for the City to file a notice of violation against all lots in the Subdivision or to rescind or otherwise revert
the Subdivision to acreage. Subdivider specifically recognizes that the determination of whether a reversion
to acreage or recission of the Subdivision approval constitutes an adequate remedy for Subdivider's default
shall be within the City's sole and absolute discretion. The remedy provided by this Subsection is in addition
to all other remedies available to the City, and Subdivider agrees that the choice of remedy or remedies for
Subdivider's breach shall be within the City's sole and absolute discretion.
g. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider
agrees to pay all costs and expenses incurred by City in securing performance of those obligations, including
but not limited to fees and charges of architects, engineers, attorneys and other professionals, and costs of
suit and reasonable attorneys' fees.
h. City's failure to take enforcement action with respect to a default, or to declare a breach, shall
not be construed as a waiver of that default or breach or any subsequent default or breach by Subdivider.
17.SUBDMDER NOT AGENT OF CITY
Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents of
City in connection with the performance of Subdivider's obligations under this Agreement.
18.SUBDMDER TO WARN PUBLIC
Until final acceptance of the improvements, Subdivider shall give good and adequate warning to the public
of any dangerous condition of the lmprovements, and shall take reasonable actions to protect the public
from such dangerous condition.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and
conclusively shall be deemed served when delivered personally or on the second business day after the
deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
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Page 10 of 13
All notices, demands, requests, or approvals from Subdivider to City shall be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Public Works Director/City Engineer
All notices, demands, requests, or approvals from City to Subdivider shall be addressed to Subdivider at:
Alan Enterprise, LLC
33215 Transit Avenue
Union City, CA 94587
Attention: Ali Mozaffari
20.NO VESTING OF RIGHTS
Performance by Subdivider of this Agreement shall not be construed to vest Subdivider"s rights with respect
to any change in any zoning or building law or ordinance; provided, however, that Subdivider"s agreement
to this section shall not be construed as a waiver of any common law or statutory vested right.
21. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this agreement by subdivider.
22. NONDISCRIMINATION
Subdivider, its agents, employees, contractors and subcontractors shall not discriminate in any way against
any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender
identity, disability, ethnicity, or national origin in connection with or related to the performance of this
Agreement.
23. GOVERNING LAW AND ATTORNEY FEES
This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting
any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement
and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities
having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant
to this Agreement shall be filed with the courts of the County of Santa Clara, State of California.
If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred
in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees
and other costs and expenses of litigating incurred by the City, even if Subdivider subsequently resumes
and completes the work.
24. RELATIONSHIP OF PARTIES
Neither Subdivider nor any of its contractors, employees or agents shall be deemed to be agents of the City
in connection with the Performance of Subdivider's obligations under this agreement.
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25. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of
competent jurisdiction, the remainder of the agreement shall remain in full force and effect.
26. INTEGRATED AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature whatsoever
between the parties hereto, and all preiiminary negotiations and agreements of whatsoever kind or nature
are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof.
Any modification of this Agreement will be effective only by written execution signed by both City and
Subdivider. All unchecked boxes do not apply to this Agreement.
IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their respective, duly
authorized officers on the date listed above.
App v ast orm:
opher D. J
City Attorney
CITY OF CUPERTINO:
Matt MoTrley
Director of Public Wo
SUBDMDER:
Alan Enterprise, LLC, a California limited
liability company
u (F)f),€
Ali Mozaffari
Managing Member
Notary acknowledgement to be attached)
Attachment:
Exhibit "A"- Schedule of Bonds, Fees, Deposits
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CAI_,IFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual wlio signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califoiia
CountyofSantaClara ,
0H J_.,it ;,%t.c. ,,)_"1 :<. -,:, before me, LaurenSa';'udar , Notary Public,
Here insert name and title of the officer)
personally appeared MallheW Mo"eV
who proved to me on the basis of satisfactory evidence to be the(pq__Aff(s) whose 4i-6(s)(i:s!are subsciibed to
the within instiument and acknowledged to me that/h6/she/they executed the same in bTs/her/their authorized
ca(ies), and that by ffiXher/their 4ie(s) on the insttaument th4e-_in(s), or the entity upon behalf of
which the pJ%(s) acted, executedthe instrument.
I certify under PENALTY OF PERJURY under. the laws of the State of California that the foregoing paragraph
is true and correct.
4 & & & & & & & & & & & I
4 6 LALIRENSAPUDAR *-# -,' '
0% SantaClaraCounty 4':
4 M 28, 2026 *
NotarySeal) J 0 x. l
WIESSmyhandandofficialseal. Notaryt'ublic-California ,
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ADDITIONAI_, OPTIONAL INFORMATION
INSTRUCTIONS FOR COA4PLETING TmS FORM
Any aclmowledgment completed in CaliJ'ornia must conWn verbiage exactly as
DESCRIPTIONOF THE ATTACHED DOC{JA4ENT appears above in the notary section or a separate acknoxiledgment form must be
properly completed and attached to that document. The only excepfion is if a
document is to be recorded outside of California. In such instances, any alternative
Title or description ofattached doc uinent) acknowledgmentverbiageasmaybeprintedonsucha documentSCIlongasthe
verbiage does not require the notary to do something that is illegal % a notary in
CaLif6rnia (i.e. cert4fyrng the authorized capacity of the signer). Please checlc the
TiueOrdesc,p,.Onofa,cheddOcmnentcon,.ued) documentcarefidlyforpropernotarialwordingandaaachthisformifrequired.
State and County infonnation must be the State and County where the document
Numberof Pages - Documell' Da'e signer(s) personally appeared before the notary public for acknowledginent.
Date of notanzation must be the date tt+atthe signer(s) pei.ionally appearedwhichImustalsobethesainedatetheacknowledgmentiscompleted.
4ddiii@1131 jB[@yll)Bii@ll) li The notary publiC muSt pt hiS Or her nallle as it appeal'S within his or her
cominission followed by a coinina and then your title (notary public).
Pit the naine(s) of document signer(s) who personally appear at the tiine of
notarization.
CAPACI'IYCLAIMEDBYTHESIGNER ' Indicatethecorrectsingularorpluralformsbycrossingoffincoi'rectforms(i.e.
be/she/4heyr is /m ) or circling the correct fonns. Failure to correctly indicate this€
md"dual(s) infonnationmayleadtorejectionofdocuinentrecording.
Corporate Officer * The notaiy seal iinpression must be clear and photographically reproducible.
hnpression nnust not cover text or lines. If seal impression smudges, re-seal if a
Title) sufficient area pennits, othenvise complete a different acknowledgment fonn.
z Partner(s) * Signatureofthenotaiypublicmustmatchthesignahireonfilewiththeofficeofthecountyclerk.
Attorney-in-Fact *:* Additional infonnation is not required but could help to endure this
0Trustee(s) acknowledginentisnotinisusedorattachedtoadifferentdocuinent.
@ Other /** IndicatetitleOrtypeofattacheddocument, nuinberofpagesanddate.
A* Indicate the capacity claiined by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
ii Securely attach this docuinent to the signed docuinent
C 2004-2015 PioLink Signing Sennce. Inc. - All Righti Reterved www TheProLinkcom - Nafiomvide Notary Sennce
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies oi'ily the identity of the individual who signed the document to
which this certificate is attaclied, and not the truthfulness, accuracy, or validity of that document.
StateofCalifornia I
Bounyo'H4('Z__A :
orrGtF--"'i2beroreine,(egpu> ,NotaryPublic,l
f, t ' (Hereinsertnaineai'idtitleoftlieofficer) I:
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1,1 pel,SOllally appeared 7"'1,.i p0% , I
wlio proved to me on the basis of satisfactoryevidenceto be tlie person(,g7whosename% is/ei subscribedto !
the witliiii instrument and acknowledged to me that he/s executed tlie same in liis/herautliorized
capacity, and that by his/lr signatureQ on the instrui'nent the person(0, or the entity upon belialf of
which the persoi'i(,0 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that tlie foregoing paragrapli
istrueandcorrect. ,.. ...,._.,,_,.,_.._-,,, .,_
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Wl"'I'NESS my jMi'id and offi5ial seal. ( aa:oo.cotmry U,
S / _ ii MyCommissionaipires ff- /,
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ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Ari)i acknowledgmem cr:rmpleted m Califrn'nra nursr conmm sierbrage exacrly (IS
DESCRIPTJON OF THE ATTAC14ED DOCUMENT oppem's abosie rn ijye nomiy sectiori or (7 separore acknosvledgnyenr joryn nmsr be
I properl_v complered arid arraclyed ro rlyar docriment. The onl,v exceprron is if o
I document is to be recorded outsrde of Corrfornro. /n sur/i insrances, (}lull allernalrve
I
Title or deScrip,ioll ofa,,a,led dOctllllell,) CICKnO!VleaglnellLSlel'DlageOSnla,VDepl'lllreCl011SltCll (7ClOCllllleTUSOIOl1gOS Ille
verbiage does rio[ r'eqmre Ihe nolary {O do somerhmg tkl rs illegd for a nomiy m
Cr:rliforma (i.e. certfiiing ilie muhor'i:ed capacity of rhe signer). Please chedc rhe
Title or description ofaffached doc(ilnell, contintied) aOCllmenrCal'eJllll)IJOrpl'Opel' n(Harr€ll 1llOlYll1lg (711(7aLr€lCn7111SJO1'ln !7l'eqllll'eCl.
I Stateand COunt9 tnfonnatton mklSt be tlle State alld COllllt)' Wliere tlle dOCkllTlellt
Nu'llber of Pages - Docu'nen' Da'e signer(s) personally appeared before tl'ie notary ptiblic for acknowledginent.
ii Date of notarization iriust be tlie date tliat tlie signer(s) personally appeared ivliicl'i
must also be the saine date tlie acknowledginent is coiripleted
Additional ii'iforination) * The notary public tnust print his or her name as it appears within liis or her
coinmission followed lyy a coinma and t)ten yotir title (notary ptiblic).
ii Print the naine(s) of docuinent signer(s) wlio personally appear at tlie liine of
notarization.
CAPACITY CLAIMED BY THE SIGNER * Indicate tlie correct singular or pl+iralfonns by crossing off incorrect forins (ie
he/slieAhey,- is Iwe ) or circling tlie correct forms Failure to correctly indicate tliis
Individual(s) inronnationinayleadtore1eciionofdoctiinentrecordii'ig.
1 Corporate Officer * The notary seal iii'ipression inust be clear and p)iotograpliically reproducible
Iinpression iriust not cover text or lines. If seal impression sinudges, re-seal if a
Title) sufficient area peri'niis, otl'ierwise coinplete a different acknowledgi'nent t'orin
1 Partner(s) * Signatureofthenotarypiblicinustmatchthesignature011filewitlitlieofficeof'
the county clerk.
Attorney-in-Fact * Additional infori'iialion is not reqtiired but cotild lielp tO ellSllre tliis
Trustee(s) acknowledgiiient is not inisused or attaclied to a different docut'nent.
@ Other a> Indicatetit(eortypeofattacheddoc+iinent, ntiinberorpagesanddate
7_________ __*s_ecure;"_E'_"===='='_______=t"="'="=';'_________::"=_t='="""s"""_:_:a""'y"al:ll:
C 2004-2015 P+oLink Signing Semce, Inc All Rightt Reierved ThePioLmk.coin Nationwide Notary Service
Exhibit A
SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Improvement Category:
PART A.Faithful Performance Bond:
PART B.
S939,218.00
Labor and Material Bond:
PART C.
S939,218.00
Plan Check and Inspection Fee:
PART D.
Sas,gso.oo
Transportation Impact Fee:
PART E.
S38,199.00
Storm Drainage Fee:
PART F.
S5,081.00
StreetTree Fee:
PART G.
S3,504.00
Map Checking Fee:
PART H.
S12,184.00 (PAID)
Park Fee:
PART 1.
5480,000.00
Storm Water Management Plan Fee:
PARTJ.
Sl,521.00
Grading Permit Fee:
PART K.
S13,902.00
Grading Bond:
S231,7 41.00
Page 13 of 13
4876-5221-7902vl
NON-BC125464003