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07-063, Meridian Valuation Group AGREEMENT BY THIS AGREEM T, made and entered into thisLday of June, 2007. by and between the CITY OF CUPERTINO Hereinafter referred to as CITY) and Name (1) Meridian Valuation Group (2) Address: 2021 The Alameda. Suite 370 City: San Jose Zip: 95126 Phone: (408) 261-4300 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Prepare an appraisal of the land being transferred from the Byrne Avenue Homeowners' Association to the City of Cupertino as shown in Exhibit A. The purpose of the appraisal is to estimate the value of the property. CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NO.t:I2JS-~S-S- / EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit "A": Legal Description (Attached) TERMS: The services and/or materials furnished under this Agreement shall commence on June 1. 2007 and shall be completed before June 12. 2007 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: A sum not to exceed $650.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to its negligent, errors and omissions, including all costs of defending any claim to the extent, caused by or arising out of the performance of this Agreement. City shall not be liable for negligent 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. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship 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. ~ ENTERED CONTRACT CO-ORDINATOR and representative for CITY shall be: - U NAME Piu Ghosh DEPARTMENT Community Development Department 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. CITY OF CUPERTINO: By: Piu Ghosh Title: Assistant Planner $650.00 t, April 2, 2007 Job No. A03141-7 Page 1 of5 EXHIBIT "A" LEGAL DESCRIPTION Adjusted Lot 6 All that certain real property lying within the City of Cupertino, County of Santa Clara, State of California and being all 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: Excepting therefrom: 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: Beginriing at the northeasterly comer of said Lot 6; Thence along the northerly line of said Lot 6, South 89058'38" West, 260.77 feet to the. northwesterly comer thereof; Thence along the westerly line of said Lot 6, South 12043'05" West, 205.04 feet to the southwesterly comer 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 distanceof3.19 feet; Thence North 62028'21" East, 27.33 feet; Thence northeasterly along a curve to the left, having a radius of 5.00 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; Thence northeasterly along said easterly line and along said curve to the right, having a radius of 69.00 feet through a central angle of 260 11' 19" for an arc distance of 31.54 feet; I:\PROJECTS\A03141-7\DWG\SUR VEY\LLA \LLA-Lot 6.doc