88-034 Berland One, Deferred Undergrounding Agreement, Stevens Creek Blvd. & Pasadena Ave, Resolution No. 7344,
. . , ~o FEE: IN ACCORDANCE: 9E68463
FILEOFOH RECORD
AT REOUEST OF •
WITH ROV GOOF. 6103
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10300 T OI'ft'0 Avenue
Cupertino, CA 9:;014
NO FEE
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RESOLUTION NO. 7344
CITY OF CUPERTINO
APR 2 S 10 S5 Atl 18S
K 5 i iPliG£ 698
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND
BERLAND-ONE, Stephen R. Stern
PROVIDING FOR THE UNDERGROUNDING OF UTILITIES ON A DEFERRED
BASIS ALONG STEVENS CREEK BOULEVARD AND PASADENA AVENUE
'WHEREAS, Berland-One, Stephen R. Stern, hereinafter referred to as "Developer",
desires to develop his property along Stevens Creek Boulevard and Pasadena
Avenue; and
WHEREAS, Developer wishes to defer the undergrounding of utility lines
along Stevens Creek Boulevard and Pasadena Avenue; and
WHEREAS, an agreement has been presented to the City Council providing
for the deferred undergrounding of utility lines at the sole cost of the
Developer all as more fully outlined in said agreement.
NOW, THEREFORE BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf
of the City of Cupertino.
BE IT FURTHER RESOLVED that the City Clerk is authorized to file said
agreement with the Santa Clara County Recorder.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of October , 1987, by
the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ORiGINAL
Members of the City Council
Sparks, Gatto, Plungy, Johnson, Rogars
None
None
None
APPROVED:
,-
K511PAGE 699
DEFERRED UNDERGROUNDING,
AGREEMENT
This is an agreement between the City of Cupertino, hereinafter referred to
as CITY and BERLAND~ONE hereinafter referred to as
DEVELOPER, made by and between the parties this 8th day of
October , 19..:.8-,-7_
WHEREAS, DEVELOPER desires to develop the property described in Exhibit "A",
attached and made a part hereof by reference, and wished to defer the under-
grounding of utility lines fronting Stevens Creek Blvd. & Pasadena Ave; and
WHEREAS, the DEVELOPER further agrees to perform at his sale cost all the work
necessary to complete the undergrounding of said utility lines; and
~!EREAS, the costs for the undergrounding are reduced when the undergrounding
is done in conjunction with other projects on and along the frontage of ____ _
Stevens Creek Blvd. & Pasadena Avenue ,; and ~~~~~~~~~~~~~~~~---------
WHEREAS, the City and the 'DEVELOPER jointly agree to defer the work until a
larger project is organized.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto
as follows, to wit:
1. Installation of Work
The DEVELOPER 3hal1 install and complete the under grounding of said
utility lines, in co;3unction with any project for undergrounding said
utility lines on"9r fronting the properties on : Stevens 'Cre~k:B1vd, ,&
Pasaden'a ,'Ave,' '
in Exhibi t "A",
2. Deferment
adjacent t.o the ,above rnentioned,property described
It is further agreed that the DEVELOPER sha1,1 furnish, construct, and
install at his own expense upon six (6) month notice from the CITY, in
which event the work of undergrounding said utilities must be completed
within one (1) year thereafter, or no later than ten (10) years from
the date of this agreement.
~6AJ~~Fo~ALlFWJ~~ I
)ss.
I K 5 i iPAGE 701
OnL..._ ..... {)~a.:..::f....::1/,jgJv· ;..:::,-""'--..:::....-_q-'--""~I'--..L.I_q'-'f'-7L--.,....-~ ____ =-. before me. the undersigned. a Notary Public in and for S~dS~t~peffion~~a~pe~~d~~~~~·~~~~/~l~~~~~=.~J~~~L=-~~~~~~~~~~~~~~~
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person that executed the within
Instrument as DttJte..JtL partner(s).
on behalf of DrILl fllJlJ DilL. _-===================-_. the partnership
therein named and acknowledged to me that the partnership
executed it. :-
WITNESS 2t:z OffiCia~'2t -_ ..
Signature _ £1 ~/j! t4U
lie OFFICIAL SEAL' ; ". ,;,~, " . CHRISTINE CLINK
or • Notary PtbIlc-Califomia
~ SANTA ct.ARA COUNlY .-
My 0IInm. ... AuG. 17. 1990
(This area for official notarial seal)
I ~
.~ .. ,,:' .'
• . '
•
AG~EMENT -Page 2 K 5 i 1 PAGE 700
The DEVELOPER further agrees to cooperate, upon notice by the CITY, with
other property owners, the CITY and other public agencies to provide the,
undergrounding of utilities 8S set forth herein under a joint cooperative \
plan, including the formation of a local improvement district, if' this
r
method is feasible, to secure the installation and construction of said
undergrounding.
3. Successors -Run with Land
This agreement shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVELOPER. It is agreed and under-
stood that this agreement shall be filed for record in the Office of the
County Recorder of the County of Santa Clara, State of California, and
that the covenants in this Agreement shall run with the land, a description
of which is contained in Exhibit "A" which is attached hereto and made a
part hereof by reference, and are for the benefit of the other lands in the
City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to the hereto affixed by its
Mayor and City Clerk, thereunto duly authorized by resolution of the City
Council and said DEVELOPER has hereunto caused his name to be affixed the
day and year first above written.
lERN, President
bas Homes, Inc.
for bas Homes, Inc. as
General Partner of Berland-One,
CITY OF CUPERTINO:
a California Limited Partnershi~R~~~~~±A~~~~~~ __ __
Ci y CIeX' !,.. 'r. !~t..~f:'---~)'Y . .l}
Approved as to form: ", .' t~ 'pt"'·, :;~ r ~ 1 // v" , 1',1 f"\ ("1 -.... J ... ', VVVv,}'X ·..\"..1,.j....l 1 e,. ... .::;. d (, ') ""...j , j ~ ,...] "·~V:v.\I...J"'I 'CJ; .. ~,'~. •
r .
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K511PllGE 702
EXHIBIT "A"
All of that certainreal property situate in the City of Cupertino,
State of California more particularly described in the following.
Sections 1, 2, 3, 4 and 5 of that certain map "Subdivision No. 1
Town of Monta Vista", Volume p, Page 24.