86-116 Paul Weiss and Key Chevrolet, Stevens Creek Widening at Stelling Rd •
AGREEMENT
THIS AGREEMENT, made and entered into this F//.4 sr day!
of # P2/ L , 1986, by and between the City of
Cupertino, a municipal corporation of the State of California,
hereinafter referred to as "Cupertino" ; and- Paul Weiss and Keyi
Chevrolet, a California corporation, hereinafter jointly referred
- to as "Key" .
WITNESSETH
WHEREAS, Cupertino is currently planning construction of a `
double left-turn lane westbound on Stevens Creek Boulevard at
Stelling Road; and
WHEREAS, it will be necessary to eliminate some of the
existing on-street parking on the north side of; Stevens Creek
Boulevard along the frontage of .Key Chevrolet; and
WHEREAS, Key would like to have additional widening on the
north side of Stevens Creek Boulevard, along 'the frontage of Key
Chevrolet, to provide equivalent substitute on-street parking at
that location; -
NOW, THEREFORE, in consideration of the covenants and
conditions herein contained, the parties hereto agree as follows :
SECTION I
CUPERTINO AGREES:
1. To prepare plans and specifications for additional
street widening on the north side of Stevens Creek Boulevard,
along the frontage of Key Chevrolet, to provide a parking lane
(hereinafter, called the "project" ) .
2. To design the project. so as to eliminate the need for
Key to conduct any correlative work on the balance of its
. property.
3. To permit Key to review the project plans and
specifications prior to the improvement contract award, and to
discuss with Key any reasonable revisions thereto' which would
mitigate adverse project effects upon the balance of Key' s
property, which revisions Cupertino shall be free to accept or
'reject, in whole or impart.
4. To obtain Key's written consent to the final version of
the project plans and specifications and the project effects upon
the balance of Key's property, as a condition precedent to the
improvement contract award. •
5. Except as otherwise -provided in Paragraph 1 of. Section
II hereof, to furnish and install all necessary project
improvements through construction by contract, at Cupertino's
sole cost and expense.
6.. To formally accept the easement dedication offered by
Key, to respect the scope of the easement dedicated by Key, and
to maintain and repair the easement dedicated by Key.
7. To allow Key and its customers to use this parking lane
for on-street parking, free of charge., for a period of ten (10)
years from completion of construction.
9
SECTION II
KEY AGREES:
1. , To pay Cupertino, upon demand by Cupertino, after the
improvement contract award, the sum of fifteen thousand dollars
• , ($15,000 ) to cover the cost of the project improvements.
2. To dedicate to Cupertino, upon demand by Cupertino,
after the improvement contract completion, an easement for all
street rights-of-way necessary to operate and maintain the
project improvements consistent with . the purpose of this:
agreement; such dedication shall be' conditioned on street right-
of-way use only, with reversion on breach.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
1. Should Cupertino wish to eliminate free parking on the
' north side of Stevens Creek Boulevard along the frontage of Key
Chevrolet', before the expiration of the ten (10 ) year period,
Cupertino shall have the right to do so provided Cupertino
reimburse Key Chevrolet on a pro-rata basis that portion of the
•
fifteen thousand dollars ($15,000.00) for the remainder of the
• ten .(10) year period. Cupertino' s reimbursement duty shall
benefit Key Chevrolet and its successors and assigns.
2. This agreement shall terminate on November 30th
1986, if Cupertino has not awarded a contract for the project
improvementsby that date.
sixty (60) days after commence-
3. This agreement shall terminate -2 meat of project construction
3
r r-
if Cupertino has not completed the project improvements by
that date; in that event, Cupertino shall reimburse Key Chevrolet
the sum of $15,000.
IN WITNESS WHEREOF, Cupertino has caused its name to be
hereunto affixed by its Mayor and the City Clerk thereunto duly
authorized by resolution of the City Council; and Paul Weiss and
Key Chevrolet have hereunto caused their respective names to be
affixed the day and year first above written. '
KEY CHEVROLET CITY OF CUPERTINO
By: /. / — . r -ii
Mayor y`
Its: /4C/
aul Weiss / ity Clerk
Approved as to form:
ity Attorney
4
- d
STEPHEN S. RUDD
ATTORNEY AT LAW
•
CAT. NO. NN00737 I
TO 1945 CA.(7-82) ra
AND TRUST
(Corporation)
A11COR COMPANY
STATE OF CALIFORNIA
COUNTY OF 3.-4,9",779. Cay2A SS'
3.-4,9",779.
On '" ✓"'```"e >) /2$'G _ before me, the undersigned, a Notary Public in and for
tsaid State,personally appeared .77/-1 L(L C. t✓c rs 5
personally known to me or proved to me on the basis
w of satisfactory evidence to be the person who executed
a the within instrument as the
x President,and N/ 4
apersonally known to me or
a proved to me on the basis of satisfactory evidence to be
m the person who executed the within instrument as the c ,�mow-- ^,, OFFICIAL SEAL
Secretary of the Corporation 1 ti
/F`` f cy1 STEPHEN S. ROOD i
that executed the within instrument and acknowledged ', NOTARY PUBLIC-GALiFCRNIA 1{,to me that such corporation executed:the within instru-
ment CLARA COUNTY
pursuant to its by-laws or a resolution of its - My Comm.Erpi es Ma-ch 12 1990)7
board of directors. '..-",- ••+
WITNESS my hand and official seal. �7
Signature -uQ-<� ) Ad-/fit-i•_J_.rl�/�
(This area for official notarial seal)
I CAT. NO. NN00627
TO 1944 CA(7-82) JANE INSURANCE
(Individual) AMICOR COMPANY
' STATE OF CALIFORNIA
COUNTY OF 5-gn/rn CI-42 q } ss'
On £-ptir--� /) /f( . before me, the undersigned, a Notary Public in and for
said State,personally appeared Pq UL E. WE7fS
a
w
m , personally known to me or
a proved to me on the basis of satisfactory evidence to be
wthe person_whose name -Ga.) subscribed to the
1 within instrument and acknowledged that •A-,--- exe- •----.
OFF -
cuted the same. ., OFFICIAL SEAL
WITNESS my hand and official seal. s>r`„� ; STEPHEN S. RUDD
5r.c a(�°"^ NOTARY PUBLIC-CALIFORNIA
c �f4 SANTA CLARA COUNTY I
--P---r--,—A•9 T`tr i My Comm.Expires March 12,1990
Signatures t-t --�
• - - (This area for official notarial seal)
RESOLUTION NO. 6820
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND
PAUL WEISS AND KEY CHEVROLET, PROVIDING FOR ADDITIONAL
WIDENING ON THE NORTH SIDE OF STEVENS CREEK BOULEVARD
IN FRONT OF KEY CHEVROLET
WHEREAS, the City of Cupertino is currently planning construction of a
double left-turn lane westbound on Stevens Creek Boulevard at Stelling Road
which will eliminate parking on the north side of Stevens Creek Boulevard; and
WHEREAS, Key Chevrolet desires addtiional widening on the north side of
Stevens Creek Boulevard, along the frontage of Key Chevrolet, to provide
equivalent substitute on-street parking at said location; and
WHEREAS, there has been presented to the City Council an agreement between
the City and Key Chevrolet to perform the widening of Stevens Creek Boulevard in
front of Key Chevrolet in accordance with the terms and conditions as more
particularly outlined in the aforementioned agreement; and said agreeement having
been approved by the Director of Public Works and the City Attorney;
NOW, THEREFOR, BE IT RESOLVED, that the Mayor and the City Clerk are hereby
authorized to execute the aforementioned agreeement in behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st _ day of April , 1986 by the following vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Sparks, Rogers
NOES: None
ABSENT: Johnson
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino