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07-001, Kimberly Doyle AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 NO. teC.l.5~~-S- ~ BY THIS AGREEMENT made and entered into on the 15th of May, 2007 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Kim berly Doyle 664 Regas Drive Campbell, CA 95008 408426-0521 (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties here to agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Red Cross Instruction EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on June 22, 2007 and shall be completed before June 30,2007. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $30 per hour GENERAL TERMS AND CONDITIONS: Hold Hannless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, agents, and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. CITY shall not be liable for acts of CONTRACTOR in performing services described herein. Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of CITY'S Director of Administrative Services. Non-Discrimination. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between CITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any contracts or other obligations in executing this Agreement. CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. Changes. This Agreement shall not be assigned or transferred without the written consent of the CITY. No changes or variations of any kind are authorized without the written consent of the CITY. CONTRACT COORDINATOR and representative for CITY shall be: ~ ENTERED NAME: Karen Levy DEPARTMENT: Parks & Recreation This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have executed this Agreement the day and year first written above. CIT~~~PERTINO: .;;z. By: ~ ~ Title: Recreation Coordinator EXPENDITURE DISTRIBUTION ACCOUNT NUMBER 580-6449-7014 !iex.')-u'~el -"101'1" AMOUNT $. 'IoOD. OD $/50,00 EXHIBIT A 1. The City reserves the right to terminate this Agreement with a 30-day notice. The contractor may terminate this Agreement with a 30-day written notice. 2. In the event that the Contractor has employees who will assist in the performance of this Agreement, Contractor shall file with City a Certificate of Worker's Compensation Insurance and for those instructing persons 18 years and younger, provide fingerprint clearance and current TB test. 3. In the event that less than the required minimum number of participant shall request and pay for services prior to the agreed upon time for the commencement of services to be preformed by Contractor, City may cancel and withdraw from this Agreement. 4. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. 5. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. 6. The Contractor shall not promote his/her business to participants registered in the City's programs. Revised 4/23/97 April 2, 2007 Job No. A03141-7 Page 2 of5 ' Thence continuing along said easterly line, North 0012'42" East, 1.95 feet to the Point of Beginning. Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. Date 4--Z-D7 .fr1<. lJi% Jimmy R. Vigil, L. . 6256 I:\PROJECTS\A03141-7\DWG\SURVEY\LLA\LLA-Lot 6.doc April 2, 2007 Job No. A03141-7 Page 3 of 5 EXHIBIT" A" LEGAL DESCRIPTION Blackberry Farm All that certain real property lying within the City of Cupertino, County of Santa Clara, State of California and being all of that 32.293 acre parcel shown on that certain Record of Survey filed for record on July 20, 1995 in Book 667 of Maps at pages 35, 36 and 37, Santa Clara County Records: Together with: A portion of Lot 6 as shown on that certain Map of Tract No. 6574 filed for record on June 13, 1979 in Book 443 of Maps at pages 34 and 35, Santa Clara County Records being more particularly described as follows: Beginning at the northeasterly corner of said Lot 6; Thence along the northerly line of said Lot 6, South 89058'38" West, 260.77 feet to the northwesterly corner thereof; Thence along the westerly line of said Lot 6, South 12043'05" West, 205.04 feet to the southwesterly corner thereof; Thence North 89058'38" East, 10.08 feet along the southerly line of said Lot 6; Thence leaving said southerly line North 17004'20" East, 35.82 feet; Thence North 9002'22" East, 74.74 feet; Thence South 80057'38" East, 34.49 feet; Thence northeasterly along a curve to the left, having a radius of 5.00 feet through a central angle of36034'01" for an arc distance of3.l9 feet; Thence North 62028'21" East, 27.33 feet; Thence northeasterly along a curve to the left, having a radius of 15.00 feet through a central angle of 62046'34" for an arc distance of 5.48 feet; Thence North 0018'13" West, 53.95 feet; Thence North 89041 '47" East, 188.59 feet to a point on the easterly line of said Lot 6 and the beginning of a non-tangent curve to the right, to which point a radial line bears North 60025'44" West; April 2, 2007 Job No. A03141-7 Page 4 of5 Thence northeasterly along said easterly line and along said curve to the right, having a radius of 69.00 feet through a central angle of26011'19" for an arc distance of31.54 feet; Thence continuing along said easterly line, North 0012'42" East, 1.95 feet to the Point of Beginning. Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. Date 1- - Z-- 07 --\'$ --- - CURVE TABLE: CURVE RADIUS DELTA C1 C2 C3 C4 C5 C6 69.00' 69.00' 69.00' 69.00' 5.00' 5.00' 55"34'57" 7'18'26" 22'05'15" 26'11'16" 62'46'34" 36'34'01 " / / / - ~ --=------=- J ---~ - -- - -- ~W ~ _ ~~ LINE TABLE: _ ~ LINE BEARING DISTANCE \ LENGTH Ll N 00"J8'13" W 53.95' L2 N 62"28'21" E 27.33' L3 S 12'43'05" W 92.02' L4 N 00"12'42" E 1.95' L5 S 12'43'05" W 5.19' L6 S 89.58'38" W 84.56' L7 S31'05'14"W 58.40' L8 N 89'58i38" E 17.00' L9 S 36'36'28" W 62.30' Ll 0 N 89'58'38" E 8.00' Ll1 S 29'22'37" W 57.39' Ll2 S 80'57'38" E 34.49' Ll3 N 17'04'20" E 35.82' Ll4 N 09'02'22" E 74.74' 66.94' 8.80' 26.60' 31.54' 5.48' 3.19' RECORD OF SURVEY (667 M 35-37) __L3 -- 00 C! o -J..Q62&14" W 5 02'50'16" E 126.15'- - 101.84' LOT LINE \ TO BE S 12' REMOVED -.::;..43'05/1 W L13 -:;.. __ 20 L14 ~5.2.t:.. "V -.J LOT LINE TO BE ADJUSTED w 00 ~_ m~'~ Oo"!.,,! LI'\~~ LOT 10 '" N'~ (443 M 34) 00 r-r.-- Z LOT 6 (443 M 34) LOT 9 (443 M 34) LOT /I (443 M 34) LOT 8 (443 M 34) LOT 7 (443 M 34) J C2 BYRNE AVENUE PARCEL LOT 6 ROS (667 M 35-37) BEFORE AFTER 33,440:!: S.F. 21 ,536:!: S.F. 1 ,406,683:!: S.F. 1 ,418,587:!: S.F. 0.494:!: ACRES 32.566:!: ACRES PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR: CITY OF CUPERTINO CUPERTINO EXH I BIT "A" CALIFORNIA 'KIER & WRIGHT w CIVIL ENGINEERS & SURVEYORS, INC. 3350 Scott Boulevard, Building 22 (408)727-6665 5anta Clara, California 95054 FAX (40B)727-5641 1IC::F"R',..;lInnk,,<: J'\PRn.JF"r.TC:\lI(),1;11_7\nWf:'\<::IIO\/~V\11 ^\II ^ ~"'~ AnDII tV, "'"n""7 .".".... to -J - Ll -Il I ~ " ct:, I~ II Ii II I~ II I~ II ~ I~ I I~ I I~ 0.: I I I \ I ~:\ ~I~\ 00 :,1 ~ \ ~'I ~ \ ~, ~ I ~' I LJ DATE SCALE DR. BY DB I~ ~ o /Xl ~ I~ u !Zl Z ~ ~ !Zl L5 POINT OF BEGINNING TRANSFER PARCEL MAR., 2007 1" = 80' CS5 A03141-7 SHEET NO. 5 OF 5 LLA.txt Parcel name: 1 --------------------------------------------------------------------------- North: 9210.4576 Line Course: S 89-58-38 W North: 9210.3540 Line Course: S 12-43-05 W North: 9010.3446 Line Course: N 89-58-38 E North: 9010,3486 Line Course: N 17-04-20 E North: 9044,5902 Line Course: N 09-02-22 E North: 9118,4019 Line Course: S 80-57-38 E North: 9112.9831 Curve Length: 3,19 Delta: 36-34-01 Chord: 3.14 Course In: N 09-02-22 E RP North: 9117.9210 End North: 9113,4870 Line Course: N 62-28-21 E North: 9126.1182 Curve Length: 5,48 Delta: 62-46-34 Chord: 5.21 Course In: N 27-31-39 W RP North: 9130,5522 End North: 9130,5787 Line Course: N 00-18-13 W North: 9184.5279 Line Course: N 89-41-47 E North: 9185,5273 Curve Length: 31.54 . Delta: 26-11-19 chord: 31,26 Course In: S 60-25-44 E RP North: 9151,4755 End North: 9208,5168 Line Course: N 00-12-42 E North: 9210,4668 Line course: S 89-58-38 W North: 9210,4668 East: 7997,3300 Length: 260,77 East 7736.5600 205.04 East 7691. 4197 10.08 East 7701. 4997 35.82 East 7712.0156 74,74 East 7723,7584 Length: 34.49 East Radius: Tangent: Course: Course Out: East : East : Length: 27,33 East Radius: Tangent: Course: Course Out: East East : 53,95 East: 7787.5556 188,59 East Radius: Tangent: Course: Course Out: East East 1.95 East 7997.3386 0.00 East 7997.3386 Length: Length: Length: Length: Length: Length: Length: Length: 7757,8200 5.00 1.65 N 80-45-21 E s 27-31-39 E 7758,6056 7760,9164 7785.1524 5,00 3.05 N 31-05-04 E N 89-41-47 E 7782,8415 7787.8415 7976,1429 69.00 16,05 N 42-39-55 E N 34-14-25 W 8036.1553 7997.3314 Perimeter: 932.95 Area: 11,904 sq. ft. 0.27 acres Mapcheck closure - (Uses listed courses, radii, and deltas) Error closure: 0,0126 Course: N 43-11-27 E Error North: 0.00918 East: 0,00861 precision 1: 74,045,24 page 1