82-013 Vallco Pkwy Maintenance of The Fountains on Wolfe RdRESOLUTION NO. 5866
A RESOLUTION OF THE CITY COUNCIL ,,£JF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND
VALLCO PARK PROVIDING FOR THE M4~i;NTENANCE OF FOUNTAINS ON
WOLFE ROAD BETWEEN VALLCO PARKWAY AND STATE ROUTE
280
WHEREAS, Vallco Park and the City of Cupertino desire to share the
maintenance costs for the fountains on Wolfe Road between Vallco Parkway
and State Route 280; and
WHEREAS, there has been presented to the City Council an agreement
setting forth the maintenance costs to be paid by each party, and the terms
and provisions of said agreement have been approved by the Director of Public
Works and the City Attorney. 'i
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby
authorized to execute the aforementioned agreement in behalf of the City of cu·pertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of May_ , 1982 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ Reed Sparks
Mayor, City of Cupertino
ATTEST ----~~ •• ·19 __
CITY CLER!<: OF THE [~iTY OF CUPERTINO
rJY_, __ _
CITY CLE;:.!~<:
A G R E E M E N T
,..._
THIS AGREEMENT, entered into 'by and between the CITY OF CUPERTINO, a
~~~ ..
Municipal Corporation of the State of Californl~, herein called "Cupertino",
and VALLCO PARK, herein called "Vallco11 ;
W I ~ B E S S E T H
WHEREAS, Vallco and the City desire to share the maintenance costs for
the Wolfe Road Fountains between Vallco Parkway and State RoJ'te /1280; and
WHEREAS; it is the desire of both parties to herein fix the maintenance
costs paid by each;
NOW, THEREFORE, in consideration of the mutual covenants, terms and
conditions herein contained, the parties hereto agree as follows:
Vallco agrees:
1. To pay all costs for the ordinary daily maintenance, including all
labor, parts, supplies and services.
City agrees:
1. To pay all electrical energy costs to operate the fountains seventy
(70) hours per week.
2. To pay all costs including parts and labor for REPLACEMENT of any
components of the system including, but not limited to the following: pumps,
lighting, and electrical controls.
IT IS HEREBY AGREED between the parties that Vallco will notify the ...
City when it is necessary to replace any component of the system.
- 1 -
STATE OF CALIFORNIA ) ss
COUNTY OF SANTA CLARA)
On this !.rJdctay of ?YJ~ in the year ·i £;;{before me,
the undersigned, a Notary Public inand ~aid county and state, personally
appeared J!!S'etr3'.'ol kooMnl, k:tmvon Lo me Lo be the Fi csidenl and' Walter P. Ward,
known to me to be the Secretary of Vallco Park, the corporation that executed
the within instrument and known to me to be the persons who executed the within
instrument on behalf of said corporation, said corporation being known to me to
be one of the partners of Vallco Park, Ltd., the partnership that executed the
same as such partner and that such partnership executed the same.
Notary Public
The City will have the option of having the work done or authorizing
Vallco to do the work.
IT IS HEREBY FURTHER AGREED between the parties that the City's costs
as outlined in this AGREEMENT are to be taken f rSLm the Environmental Impact
Fund. ~\.~ I .
THIS AGREEMENT will remain in effect and full force until 1992.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed by the City of Cupertino pursuant to Re~olution No. 5866
passed and adopted on the __ 1_7_t_h_. _______ day of __ M_a~y ________ , 1982.
CITY OF CUPERTINO
Approved as to form: By~~ Mayor
~ta-City Attorney
By:·~~
City Clerk
VALLCO PARK