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89-153 Cupertino Union School District Addendum to Reimbursement agreement, Lease with Gheno, Reso 8448, Wilson Park agreement Return to: F, OF CUPERTINO 1o`�� N- r E E 10300 Torre Avenue C.%ad,�a Cu. ertino CA 95 ° 014 LA0 CUPERTINO UNION SCHOOL DISTRICT QP ADDENDUM � Y to n-T,r-. 2 i REIMBURSEMENT AGREEMENT -D = „ti U.0 i made on w ._.: JULY 109 1991 � Yc� `p between '= �c`8 W THE CUPERTINO UNION SCHOOL DISTRICT, LZ T 2 f CITY OF CUPERTINO And HAROLD L. GHENO and ANTONIO M. GHENO, TRUSTEES, EDITH E. GHENO FAMILY TRUST (”GHENO") An endorsement of this Addendum by Cupertino Union School District and Gheno shall amend page 2, section I, as follows: I. DEFERMENT AND REIMBURSEMENT All fees, bonds,reimbursements,and cash deposits provided for in this agreement,which would ordinarily be paid to the Cupertino Union School District upon recordation of the final - map shall be deferred until such time as any portion of Tract 8511 is sold, transferred, i hypothecated or encumbered. Prior to,or contemporaneously With the occurrence of said sale, transfer, hypothecation, or encumbrance,all said fees,reimbursements, and cash deposits shall become immediately due and owing to the Cupertino Union School District. Failure to make. G said payment above described constitutes a basis for denial by the City of any building permits for construction'of any improvement.on the subject property. The District will only issue a Developer Impact Fee Certificate of Compliance after these fees, bonds,reimbursements and cahs deposits have been paid to the District. A. COVENANT RUNNING WITH THE LAND E The obligations to pay fees, bonds, reimbursements or cash deposits under the agreement, are intended by the parties to constitute covenants running with the land. Upon execution, this agreement shall be recorded in the Recorder's Office of the County of Santa Clara,State of California. When all obligations to pay fees, bonds, reimbursements or cash deposits under this s agreement have been met the Cupertino Union School District will release the covenant running with the land. E B. CURRENT SCHEDULE OF BONDS,FEES AND DEPOSITS The schedule of bonds,fees and deposits,the total of which is $68,373.00,reflects the l IfVY1V1YlJALAVRIYVWLCIJIaMCIVI ✓'�(J�U/ �• ! //((/ State of (A On this the 0l day of 19 �,before me, County of �(��(T� Ll � SS. � 'v O Wain ' the undersigned Notary Public,personally appeared _personally known to me OFFICjA& SEAL ❑ proved to me on the basis of satisfactory evidence ' Dawn O. HManalez NOTARY PUBLIC •CALIFORNIA to be the person(kwhose name( 1-5subscribedto the •,/F M SANTA CLAgA COUNTY within instrument,and acknowledged that l,- executed it. Y Cornrtl. EXI*M p,}g►.20, 1995 WITNESS my hand and official seal. b wvy-" 0, Notary's Signature ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIRCATE Title or Type of Document-- W tt MUST BE ATTACHED Number of Pages .y Date of Document TO THE DOCUMENT I /� f' DESCRIBED AT RIGHT: Signers)Other Than Named Above l'( of �`(�l'(1� m u o kn 0 NATIONAL NOTARY ASSOCIATION®-8236 Remmet Ave•P.O.Box 7184•Canoga Park,CA 91304-7184 INDIVIDUAL ACKNOWLEDGMENT State of Go'i I On this the kH day of 194L, before me,` County of SS. DPWfy 0- kRN"0� _ the undersigned Notary Public,personally appeared �0 0tA Pg4gl\11 OFFICIAL SEAL ❑ personally known tome Dawn O. Hemand@z moved to me on the basis of satisfactory evidence SQ : NOTARY PUBLIC •CALIFORNIA �.p SANTA CLARA COUNTY to be the person(s)whose name(s) Aft subscribed to the My Comm. Expires Mar. 20. 1995 within instrument,and acknowledged that (� executed it. WITNESS my hand and official seal. ©, nm Notary's Signature ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIRCATE Title or Type of DocumentK MUST BE ATTACHED Number of Pages Date of Document DESCRIBED AT RIGHT: Si ner s Other Than Named Above 0 NATIONAL NOTARY ASSOCIATION®-8236 Remmet Ave•P.O.Box 7184•Canoaa Park.CA 91304.7184 ` . M808PAGE 17 15 schedule at the time of this agreement execution. The developer agrees to pay when requested by the District as outlined in paragraph 1 herein that the then current schedule of bonds, fees and deposits will be due. The covenant running with the land shall be released when the reimbursement of $68,373.00 is received by the Cupertino Union School District from Gheno for improvements completed. A completed summary of expenditures was presented and reviewed with Mr. Harry Gheno on Monday, August 24, 1992, at 10:00 A.M. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: 10 — 9) The Cupertino Union School District r r /By: - v DATED: Harold L. Gheno, Trustee, Edith E. Gheno Family Trust By: TV - DATED: ���y Antonio M. Gheno, Trustee, Edith E. Gheno Family Trust By:�8-r2 f M808PAGE 1717 REIMBURSEMENT AGREEMENT . THIS AGREEMENT is made.- on i , 1991, by between theCUPERTINO UNION SCHOOL DISTR CT 1 a local agency of sy`° the State of California the "District'') TI the CITY OF­ ' F CUPER N0, a municipal corporation of the. State of California (the''"Cit ll and HAROLD L. GHENO and ANTONIO M. GHENO, TRUSTEES, EDITH E. GHENO FAMILY TRUST ("Gheno") . RECITALS A• District owns fee title to that certain tract of land situated in the City of Cupertino, Santa Clara County, California, generally known and described as Tract No. 8332 (the "Property") . B. District. has sold aortion P of the Property consisting of 5. 6 acres to Cit fora '11 park park (the Park Site") . - - C. 'District and Cit y propose toperform certain work Of improvement 'on . the above tract . as specified. in the Agreement attached h - � ereto and incorporated herein as Exhibit A (the "Improvements").. D. Gheno is the owner of an adjacent tract of land to fr the west of the Property bounded by South "! . Blaney Avenue on the i west, Hall Court on the south, Parkside Lane on the east. and Rodrigues Avenue on the north (the "Gheno Property") . E. Gheno proposes to develop the Gheno Property and the Improvements will therefore benefit the Gheno Property_ p rty as . . ,�- well as the Property. I M808PAGE 17 18 F. City has agreed to lease from Gheno and Gheno has .. agreed to lease to the City a portion of the Gheno Property use as P rty for a Parking lot: for the park until City develops -. a ar ' . .- . . . . _ P king �U. lot. on the . Park Site pursuant to the Lease .attache � t w a.. d hereto ..incorporated herein as Exhibit B. sw. ;- G. In consideration for this lease , -. City . and District have agreed to advance the costs of the Improvements which benefit the Gheno Property. H. Exhibit C, identifies' the Portions -of the Improvements which benefit primarily the District the City and Gheno. I• The District shall be entitled to reimbursem from Gheno of thirteen ent percent of its costs of the construction of the Improvements, but not more than Seventy-five Thousand Dollars ($75 000) upon the filing by Gheno of a map for the Gheno Property or an Y Portion thereof. ..:_.. J'. The City' h aentitled -F 1 . s ed - . Y 11 . be en titl to 'r imb n Gheno of thirty -- e urseme t from -two percent- (3 21) of its- costs of the construction of thea •Improvements,.. but not. more :than 'Sikty=nine . ; Thousand Dollars ($69, 000) , upon the filing by Gheno of of a. tract .map for the Gheno Property or any portion thereof. " ' NOW, THEREFORE .. ... ' .. , in consideration of the covenants ' contained in this Agreement, the parties hereto mutually and agree as follows: covenant i GENERAL REQUIREMENTS ' 1.1 The District and City shall, at their own cost 2 808PAGE 17 19 and expense, complete all of the Improvements covered b Agreement, Exhibit A hereto, at an estimatedy the Cost Of seven Hundred Six Thousand, Seven Hundred ; Ninety- eight Dollars 8) . t- t DEFINITION AND .OWNERSHIP OF IMPROVEM „.. ENTS E 2.1 The term "Improvements" means w thedevelo meat p P -work required b the final . improvement Y P plans for Tract, no. 8332 including streets curbs gutters, sidewalks and underground Utilities, referenced in the Agreement; Exhibit A hereto, and indicated on Tract map no. 8332, Exhibit D hereto. The Improvements shall be shown in detail on an improvementP laps profiles, and specifications that have been or are being prepared i by one or more registered civil engineers- actin _ ig for District. PAYMENT - 3 . 1 The District and City shall be reimbursed andia P d j a share of the costs. and expense. of . construction. j of the j . . ; Improvements by Gheno as follows: A• The costs of thirteenercent` P (13$) of- all labor paid for, including payroll insurance and taxes, and all other costs and expenses incurred b the District for construction . of .. y _- -_ the Improvements, but in no event more than Sevent -fiv ~�TV Y e Thousand Dollars ($75, 000) , - will be reimbursed by Gheno to the District 4on Gheno's development of his property and District's delivery to Gheno of a statement of District's costs and expenses P for the construction of the Improvements and of the amount due from V Gheno. 808PAGE 1720 B. Thirty-two percent (321) of the costs City to the District for construction of. .t pad by the he Improvements, but in no event more than Sixty-ni'ne Thousand Dollars ($69, 000 will i . ) � 1 be reimbursed by ~Gheno to the .City upon Ch ' no/s m develo LY` pent of his property and City's delivery to Gheno of a statement yb y the City of the amount of the costs and expenses of the cons of the Improvements paid by the City and of the amount due from Gheno. 3 .2 Books and Records. The District shall ke ep and maintain accurate books of account and records of all of business transactions under this agreement. its g nt. Gheno shall have the right to review these books of account and records at the offices .. Of the District during normal business hours on reasonable notice. GENERAL PROVISIONS 4.1 Entire. Agreement. This agreement represents the entire understanding. of *the . .. Parties and supersedeserseces all previous lnegotiationswritten or oral, ' and may not be altered ' amended, or modified except by an agreement in writing changed, g signed by :the parties. 4.2 Notices. — Any notices and demands under this agreement shall be in writing, and shall be deemed given and received forty eight (4 8) hours after deposit with the United States Postal Service, postage prepaid, addressed to the parties as follows: 4 ROSPAGE17211 ° To The District at: Associate Superintendent, Business Services Cupertino Union school . District 10301 Vista Drive - Cupertino, CA 95014 To the Cit at: Y Director of Public Works 10300 Torre Avenue Cupertino, CA 95017 To Gheno at: Harry Gheno - 5 Cypress Court San Carlos, CA 94070 Each party shall have- the right by notice in writing given to others Pursuant to the the p provisions of this paragraph to change, from time to time, the respective addresses at which notices demands shall be even. or g � Statements for reimbursement or payment shall be delivered as set forth in this paragraph. Payments delivered as set forth_ in this paragraph need . not be accompanied - bynts any other written notice. 4 .3 Applicable . -.Law.. The laws of the 'State o California shall goverI.n this agreement and any breach ..of this - ! .agreement. .: .agreement. - -- .4 .4 Binding effect. The terms and conditions of this agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. 5 r- i + Reimbursement AgreemenT 80VAGE 1 722 Exhibit "A" ' • ''�'� Page 1 Of 4 AGREEMENT THIS AGREEMENT, ENTERED INTO ON 1991 BETWEEN CITY OF CUPERTINO, a body politic and a municipal corporation of the State of California, referred to herein as "CUPERTINO" . AND THE CUPERTINO UNION SCHOOL DISTRICT, a local agency of the State of California, referred to herein as "DISTRICT" . RECITALS (1) CUPERTINO and DISTRICT contemplate construction of the improvements required by the final improvement plans for Tract No. 8332 including streets, curbs, gutters, sidewalks and underground utilities, referred to herein as "PROJECT" , and desire to specify the terms and conditions under which this project is to be installed, financed and maintained. (2) THE DISTRICT will act as lead agency. The DISTRICT , CUPERTINO and GHENO will share the expense of preparation of plans and specifications , cent purchase onstruction engineering, construction costs and necessary equip required to complete the PROJECT. CUPERTINO and DISTRICT will bear the full cost subject to reimbursement by GHENO of his share of that expense pursuant to the Reimbursment Agreement, Exhibit A hereto. SECTION 1 CUPERTINO AGREES: To pay DISTRICT within thirty (30) days of receipt of billing therefor (which billing will be forwarded aofte�hDDecfmbal 1991) an amount , to twenty-two percent (22%) in construction costs or One Hundred Sixty-seven Thousand Dollars is ($167 , 000 ) whichever is less. An example of the schedule his shown . below as Exhibit B and incorporated herein by reference. In no event shall CUPERTINO' s total obligation for said costs under this Agreement exceed the amount of One Hundred Sixty-seven Thousand ($167 , 000) provided that CUPERTINO may, at its sole discretion, in writing, authorize a greater amount. 1 _ • - j.• wl�l'Nr;$$ WHEREOF, the parties have executed this ' Agreement the day and year first above written. Dated: The City of Cupertino By: t- Mayor Dated: to ( 1 7 I The Pert ' U n of District By• Dated: Harold L. Gheno, Trustee, Edith E. Gheno Famil Trust By: ora Dated: Antonio M. Gheno, Trustee, Edith Gheno Family Tr st By: Cit Clerk Approved as to form: City Attorney 6 Exhibit "H" _ M 8-0 8 PA GEf 7 # Page 2 o' 4 SECTION II DISTRICT AGREES: (1) To provide advertisement, bid opening, award of the contract, contract administration and all necessary construction engineering services for the PROJECT. (2) Prior to advertisement for construction of PROJECT, to submit said plans and specifications to CUPERTINO for review and concurrence as to conformity to CUPERTINO ' s standards and/or existing facilities. (3) To construct the PROJECT by contract in accordance with the plans and specifications of DISTRICT. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) Neither CUPERTINO nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in conjunction with any work, authority or jurisdiction delegated to DISTRICT under this Agreement. Pursuant to Government Code Section 895. 4 , DISTRICT shall fully indemnify and hold CUPERTINO harmless from any liability imposed for injury (as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by DISTRICT under or in conjunction with any work, authority or jurisdiction delegated to DISTRICT under this Agreement. (2) Neither DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CUPERTINO under or in conjunction with any work, authority or jurisdiction not delegated to DISTRICT under this Agreement. Pursuant to Government Code Section 895. 4 , CUPERTINO shall fully indemnify and hold DISTRICT harmless from any liability imposed for injury (as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by CUPERTINO under or in conjunction with any work, authority or jurisdiction not delegated to DISTRICT under this Agreement. (3) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 2 M801 Pager3 of 4 (4) After opening bids for the PROJECT and if bids indicate a cost overrun of no more than ten percent (10%) of the estimated cost of Four Hundred Fifty-three Thousand Dollars ($453 , 000) , DISTRICT may award the contract. (5) If, upon opening of bids, it is found that a cost overrun exceeding ten percent (10%) of the estimate will occur, CUPERTINO and DISTRICT shall endeavor to agree upon an alternate course of action, such as proportional increases in the financing by each party. DISTRICT shall no be obligated to award the contract unless such agreement is reached. Notwithstanding any such overrun, DISTRICT may award the contract, without consent of CUPERTINO, if DISTRICT agrees to assume financial responsibility for the cost overrun. (6) In the construction of said work, DISTRICT will furnish a representative to perform the usual functions of a Resident Engineer. (7) DISTRICT shall require any contractor awarded a contract for any portion of said PROJECT to secure and maintain, in full force and effect at all times during construction of said PROJECT and until said PROJECT is accepted by DISTRICT and CUPERTINO, public liability and property damage insurance in forms and limits of liability satisfactory and acceptable to DISTRICT and CUPERTINO, naming CUPERTINO and DISTRICT and their respective officers, agents, and employees as insureds, from and against any and all claims, loss liability, cost or expense arising out of or in any way connected with the construction of said PROJECT and to indemnify and hold harmless those entities and individuals from all such liabilities. (8) CUPERTINO hereby grants to DISTRICT and its agents and contractors all necessary authority to perform within the boundaries of CUPERTINO any and all work required to perform the terms of this Agreement upon securing all necessary permits from City and other agencies. (9) This Agreement shall terminate on September 30, 1991 , if DISTRICT has not awarded the contract for the construction of the PROJECT prior to that date. Otherwise, this Agreement shall terminate upon receipt of CUPERTINO ' s reimbursement as specified in Section II. 3 Exhibit "H" 888PAGE 1726 Page 4 of' 4 CITY OF CUPERTINO CUPERT UN COOL DISTRICT By: By: Mayor Attest• Attest • • City Cl�fk •Clerk of the Board of Trustees APPROVED AS TO FORAM AND APPROVED AS TO FORM AND LEGALITY: LEGALITY: City Attorney Counsel 4 f,Ce i muu rSCniCn i rljl tz:tz:11-11 1 M808PAGE 1727 Exhibit "6" Page 1 of 10 LEASE I. INTRODUCTION 1. 1 This lease is made on � �>d 1991, between HAROLD L. GHENO and ANTONIO M. GHENO, TRUSTEES, EDITH E. GHENO FAMILY TRUST, hereafter called Lessor, and the CITY OF CUPERTINO, a municipal corporation of the State of California, hereafter called Lessee. 1. 2 Lessor leases to Lessee, and Lessee hires from Lessor, the premises hereafter described. II. PREMISES 2 . 1 The "premises" are the described land plus any described appurtenances, exclusive of any improvements now or hereafter located on the premises, notwithstanding that any such improvements may or shall be construed as affixed to and as constitution part of the real property. 2 .2 The premises consist of a temporary gravel parking lot with 56 stalls situated in Cupertino with access to South Blaney Avenue on the west and Parkside Lane on the east. The frontages or boundaries are as follows: 252 feet on the north and on the south along Hall Court and 68 feet on the east along Parkside Lane and 68 feet on the west along South Blaney Lane. The land is unimproved. 2 .3 The legal description of the premises, including any appurtenances, is included in Exhibit A attached to this lease and initialed by the parties. 1 LXh1b1T -b- 808PAGE 728 Page' 2 of 'i0 III. TERM 3 . 1 The term of this lease is from August 1, 1991 to February 1, 1993 , or until Lessee completes the parking for the Park on Lessee's adjacent land, unless extended or sooner terminated as provided for in this lease, except in the event Lessor sells land that includes the premises, then this Lease will terminate one month after the close of escrow on Lessor' s land sale. IV. CONSIDERATION 4 . 1 Lessee shall pay as an advance to be repaid pursuant to the Reimbursement Agreement, attached hereto and incorporated herein as Exhibit B, without abatement, deduction, or offset the following: The cost of improvements to Lessor's property is described in the Agreement attached hereto as Exhibit C and incorporated herein. Those improvements are required for approval of Tract no. 8332 as shown on the tentative tract map for Tract no. 8332 and accompanying improvement plans, including construction of a portion of street, curbs, gutter, sidewalks and underground utilities for Rodrigues Avenue, Parkside Lane and Hall Court, said areas being on or immediately ,adjacent to Lessee's land. 4 .2 No rent or any other payment shall be made in consideration of this Lease. 2 V. . - eco--------- ---- ---- =L�_ ---=- ---------- --- p .�y` ._ - age 1 of 1 •,, _�� ���` n ter% h - T. M� PLms.l` v j�' ,�/ i -- Al.c��. )a8M �J Exhibit rtC.t _ I I 1• 16 17 !P--20L0 „V'• SCFiE®ULES 4 P.E 2049 ►1 200.0 !: .I• r /oiw:i .... - - i - r ... .. :y fClm I.CllppR4e0 1040N DST COST .t I , _ ; >��•` Improvements for Tract 8332 and ,aa=y, its i �':- -- —I •! /� ��o lie ac+z°a-an°P c°sTSchedule of the Parties �, i / �yv sn®scLv+aT>MOLe•oN oarcnsT Responsible for the Costs -• _ I i /t 70/_S ... - Ny •im U OY WWI) . P.G 204.1 I "�'I bj o..eawo srrc.cc 9CMD rv{fTY or COST �� 04 c1END) 1 \ SECTION A-A 'I —t i � I t I - ....'•.�''�— _ _-_ _j-2tt! ` I 1 ata I P.R.:De.o 14j ` .. I .:II I!;yI,,c ear..• i P.E.304.3 ' a ar F 4 TRACTNO.0771 T i � • It I I 1' P.E.205.1 13 I W 1 .S[.lf (,�� ,':= P.E 300.9 i 19 SECTIOM'B-0 t I I I I CI C �NPr LlFJ ata it I I II f �._ I I P.E 205.2 ------•--:12 1 =W w. P. 1 I � '�/ I- III I . -•' E.300.9 w nu 1, I I 'P.E 105.]- 11 / !! ' 'r"""`•� a I 1 L P.E.207.1 SECTION C-C .1 I 1 •- a ! AaIF(LYS/C f.a.viwr w•[c•1a:vlcuoi.Y.Fswcf�hw.r-a.rxP/rr izz ME crar=aorxIx-IfL.�vf�. ,7 A. nursatsrmr...o sur .'/LC Y P1:1E•J.YGAr:/f.rYK L?///£.P•/N pf A'F.X[rJ. • �I• I p� I i I P.E 305.4 P.E 20 T.4 / Lrd l'I•, /"8 I I 9•-- •I / +y� \'Y - _ __CC ---------- I I I �•E-705!— _1 307.9 I" I "L� � t \' . �•y� c IOE'! PARKSLANE �.-. I '••�1'P —• 0r 1 i.' lu ----- --------- � •1 �� �I �, 'EXIST.TRACT NO,7777 I{91ep C:' III I r T rVI EXIST.LANDS OF ONFO-- j' III r� 1 I C III I - 7• % I fEJrrc+wr.;rift.wrT6-�'{1I'--� ' I' III E%15T.TR1CT NO.8117 '4 N ..Iii y .� />r�� i, iu y ilk /''\ ,I..wr•-rvcr v.•rn_ Ill i O ti/ 15 sTnr_5�/rl!,C'O/L r C� TYPICAL SmE YARD TYPICAL CORNER Ll' 1 ��f 0 /14 q!7 .s 9a/ea !: v iJ 'III I •V SEi TION SIDE l;CT10M _ � O[y� � � �� Zreurrroaw � Itl j'' `�m'��"ralf•`��ao� x� •I I. -te -------------- TYPICAL`OT SECTION a__-____ Q ® _ / n O O (i�si Exhibit "B" M80'8PAGE 1730 Page 3 of 10 V. USE OF THE PREMISES 5. 1 Lessee shall use and permit the use of the premises solely for the construction, maintenance, and operation of a parking lot. VI. IMPROVEMENTS 6. 1 At any time and from time to time during the term, Lessee may, but is not obligated to, construct or otherwise make new improvements on any part or all of the premises, including a parking lot, and to demolish, remove, replace, alter, relocate, reconstruct, or add to any existing improvements in whole or in part, and to modify or change the contour or grade, or both, of the land, provided Lessee is not then in default under any condition or provision of this lease and provided the improvements following the work are at least equal in value to any improvements as they were before being demolished, removed, replaced, altered, relocated, reconstructed, modified, or changed. All salvage shall belong to Lessee. 6. 2 Before any major work of construction, alteration or repair is commenced on the premises, and before any building materials have been delivered to the premises by Lessee or under Lessee' s authority, Lessee shall comply with all the following conditions or procure Lessor' s written waiver of the condition or conditions specified in the waiver: A. Notify Lessor of Lessee's intention to commence a work of improvement at least five (5), days before commencement of 3 ����� tXhlblt "t�" G 173 1 Page 4 of 10 any such work or delivery of any materials. The notice shall specify the approximate location and nature of the intended improvements. Lessor shall have the right to post and maintain on the promises any notices of nonresponsibility provided for under applicable law, and to inspect the premises in relation to the construction at all reasonable times. 6.3 Lessee may enter onto the land before commencement of the term to make any soil or structural engineering tests that Lessee considers necessary. All such tests made by or behalf of Lessee shall be at Lessee' s sole expense and shall be evidenced by a separate contract. A copy of the report shall be delivered to Lessor on commencement of the term. 6.4 Lessee shall defend and indemnify Lessor against all liability and loss of any type arising out of work performed on the premises by Lessee, and use of the parking lot together with reasonable attorneys ' fees and all costs and expenses incurred by Lessor in negotiation, settling, defending or otherwise protecting against such claims. 6. 5 Throughout the term, Lessee shall, at Lessee's sole cost and expense, maintain the premises and all improvements in good condition and repair, ordinary wear and tear excepted, and in accordance with all applicable laws, rules, ordinances, orders and regulations of federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. 4 • , �}Bo�P�G� � Exhibit B ' 732 Page 5 of 10 6. 6 At the normal expiration of the term, provided Lessee is not then in default, Lessee shall have the right to remove any or all fixtures or improvements or both, provided all resultant injuries to the premises and remaining improvements are completely remedied and Lessee complies with Lessor's reasonable requirements respecting the resultant appearance. Lessee shall remove gravel, reinstall topsoil, and restore the premises to its former condition. VII. INSURANCE 7 . 1 It is understood and agreed to by both Lessee and Lessor that the City of Cupertino is self-insured against claims and liability for personal injury, death, or property damage arising from the use, occupancy, disuse, or condition of the premises, improvements, or adjoining areas or ways, providing protection of at least $ 5, 000, 000 for any one accident or occurrence. In the event that the City of Cupertino (Lessee) discontinues its policy of -self-insurance, Lessee agrees to: (1) provide Lessor with notice of intent to become insured at least sixty (60) days prior to such event; (2) provide Lessor with a Certificate of Insurance issued by the City's carrier; (3) agree that it will not cancel or reduce coverage without giving the Lessor sixty (60) days prior written notice; and (4) agrees to provide insurance that is sufficient in coverage and amounts in the opinion of the Lessor. 5 "BOBExhibit "B" PAGE 1E 1 7 3 Page' 6 of ' i0 7.2 City hereby agrees to indemnify and hold harmless Lessor, its officers, agents and employees from any claims or demands which may be made against Lessor by reason of any injury to or death of any person or damage to or destruction of property of Lessor or third parties as a result of tenancy under this lease. City at its own cost shall defend any and all suits, actions or other legal proceedings that may be brought or instituted by third parties against Lessor, its officers, agents or employees on any of the above claims or demands of such third parties. VIII. DEFAULT 8 . 1 No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give the other any contractual right by custom, estoppel, or otherwise. 8. 2 If either party brings any action or proceeding to enforce, protect, or establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorneys' fees. IX. GENERAL PROVISIONS 9. 1 Notices. All notices must be in writing and notice is considered given either (a) when delivered in person to the recipient named as below, or (b) five (5) days after deposit 6 Exhibit "B" 0806PAGE 1 734 Page 7 of 10 in the United States mail in a sealed envelope or container, either registered or certified mail, return receipt requested, postage and postal charges prepaid, addressed by name and address to the party or person intended as follows: Notice to Lessor: Harry Gheno 5 Cypress Court San Carlos, CA 94070 Notice to Lessee: City of Cupertino Director of Public Works 10300 Torre Avenue Cupertino, Ca 95014 9 . 2- All Exhibits and agenda to which reference is made in this lease are incorporated in the lease by the respective references to them, whether or not they are actually attached, provided they have been signed or initialed by the parties. Reference to "this lease" includes matters incorporated by reference. 9.3 This lease contains the entire agreement between the parties and may only be amended by a writing signed by both parties. No promise, representation, warranty, or covenant not included in this lease has been or is relied on by either party. 9 .4 The invalidity of illegality of any provision shall not affect the remainder of the lease. 9. 5 Subject to the provisions of this lease on assignment and subletting, each and all of the covenants and conditions of this lease shall be binding on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns, and personal representatives of the respective parties. 7 r-XII 808PAGE 1 735 Pag o T f' 1 Page 8 of� 0 a 9 . 6 At the expiration or earlier termination of the term, Lessee shall surrender to Lessor the possession of the premises. Surrender or removal of improvements shall be as directed in provisions of this lease on ownership of improvements at termination. 9 .7 This lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. LESSOR, Harold L. Gheno, Trustee, 4Aonio M. Ghe o, Tr stee Edith E. Gheno Family Trust Edith E. Gheno Family Trust LESSEE, The City of Cupertino By: 8 ray= "L L Exhibit "A" B" F Legal Description of the Premises Exhibit "Page 9 o" 10 LEGAL DESCRIPTION A portion of that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as Lots 16 and 17 of map entitled "Map of the Price Subdivision" , recorded in Rook N of Maps at page 74 , more particularly described as follows! Beginning at the monument marking the intersection of the cer►terline of Price Avenue and the. -centerline of Blaney Avenue; co., 0 co Thence South 00' 12 ' 29" East along said centerline of Blaney -0 Avonua 508. G9 feet; o rn Thence North RV 47 ' 31" East, 30. 00 feet to the TRUE POINT OF BEGINNING; Q2 w Thence along a line parallel with and distant easterly 30. 00 feet, measured at right angles from the centerline of Blaney Avenue, North 00' 12 ' 29" West 47 .94 feet; Thence along a line parallel with and distant northerly 98.00 feet, measured at right ar►gles from the centerline of Hall Court as said centerline: is shown on the Map of Tract 8117 , filed for record in Book 586 of Maps at pages 39 and 40, North 89' 37 ' 3311 East, 276. 37 feet; Thence along a line parallel with and distant westerly 30. 00 feet, measured at right angles from the: easterly Linc of said Lots 1G and 17 , South 00' 12 ' 29" Fant 48. 06 feet; Thence along a tangent curve to the right, concave to the northwest, with a radius of 20 . 00 feet through a central angle of 09 ' 50 ' 0211 for an arc length of 31.36 feet; Thence along a line parallel with and distant northerly 30 . 00 feet, measured at right angles from the centerline of said Hall court South 89' 37 ' 33" West 236. 37 feet; Thence along a tangent curve to the right, concave to the southwest, with a radius of 20. 00 feet through a central angle of 9o' 09 ' 58" for an are length of 31.47 feet to the TRUE; POINT OF BEGINNINC. Description prepared by Kier & Wright Civil Engineers and Land Surveyors, Inc. Date Ted Wilson, L.S. 6425 OGORLD.MK Page 1 of 2 . 808PAG Exhibit "A" . Exhit)it "3" •�L ' � � Page 2 of 2 P.9 `e AVt Page 9 of 10 i �*` �_RODRICUES AVENUE o , � n 4) v Li o LINE TABLEt ' LINE BEM INC 01STANCZ I L1 S 00'12'29 E 4R.06' L iJ > L2. 6 00'11'29` V 47.94' 7 CURVE TABLE: a #; � ^ z t ^ CURVE RADIUS DELTA LENGTH f" S0IF 1.0 :4 L.L z C1 20.00' 89'50'02' 31.36' 1 N 0 C2 2.0.00' 90'09 "d G i �NN 1 N 89'37 33 E 276o37' r- 1 T.F 0.8. w 8 34_00' 30.0 ' `n S 89'37'33' W S E `1 __ r, t 99'37'33' E_ 335.37' HALL COURT (00 ..,0 R 1 _ J"t 8117 D AT E PLAT T O AC COMIDANY �1,Nf ,O,,,t, LEGAL DESCRIPTION DR.IDYAIR' KIER & WRIGHTR9?/E CIVIL INGINI[RS A {UMYCIRL INC- HEET NO. )HO wolf 6­16,81u,fuwldlns JJ • (4MI I77•"6S _ n M 8 0 8 A - i 7 ' ' �X rV17 TRACT NO. 8332. -• CONSISTING OF TWO SHEETS BEING A PORTION OF LOT 13 AS-SHOWN ON 'MAP OF THE PRICE SUBDIVISION', RECORDED IN BOOK N-OF MAPS AT PG. 74 AND A PORTION OF LOT 3-AS SHOWN ON 'CRAFT ESTATE PARTITION',RECORDED IN BOOK L OF MAPS AT PG. 28 AND LYING WITHIN. THE CITY OF CUPERTINO, CALIFORNIA SCALE: 1'=80' NOVEMBER,1989 »' sh TKIIR & WRIGHT L CIVIL ENGINEERS & SURVEYORS, INC. 3350 Scott boulevard.Budding 22 • (4081727-6665 Z- > Santa Clan.California 95054 • FAX(408)727-5641 BASIS OF BLARIBO4 -•�� Jtsrr�..t!ss� The bearing North 890 37. 33' East of the tencerllne of Price Avenue as sho-n 'on thAc certain Parcel Map recorded in book 504 of Maps ac page 40. Sanca Clara � County Records and as toured swouoented vas'takan as the buil of bearings for chis sup. LpIle- =V9 war CURVE 4ADIUS DELTA LENGI1 C-1 280.00 11° 14' W 54.90 'C-2 280.00 120 54. 07• 63.05 C•3" 260.00 (4° 18. 34- 21.4b L.ECm C-4 270.00 090 31' 154 C-5 270.00 13° 03. 22' 61.53 DISTINCTIVE BORDEI' C•6 270.00 120 45' 60.13 • IRON PIPE FOUND UNLASS NOTED ., C-7 270.00 02° 53' S4- 13.66 0 3/4- IRON PIPE SET/LS 3670 C-4 20.00 520 12. 01- 18.22 STANDARD CITr MMAKENT FOUND C-9 42.00 130 36' 49' 9.98 0 STANDARD CITY PMUKENT SES C-10 42.00 730 29. 04• - 53.47 PROPOm LOT LINE C-11 42.00. 55° 27. 06- 40.63 - -- EASEMENT LIVE C-12 42.00 650 24. 30• 47.95 CENTERLINE -- C-13 -- 42..00..._ 24° 14' 28* .. 12.77 _ P.S.Z. PUBLIC MiMCE EASDUM C-14.. 330.00 38° 14' 11- 2iO.23 PROPERTY LINE C-15 220.00 150 36' 34• 60.07 I4 irrnen DATA C-16 20.00 102° 36' 04- 35.83 ()<) LWLIL MAKING C•17 20.00 520 12' 09• 14.22 C-ll 42.00 144° 55. 47. 106.24 aA ' S.aG SIbMA DJ e.IASEMCW C-1f 42.00 13° 52' 25' . 10.17 4j"TARY SEINER f:ASEME dT C-20. 260.00 27° 23' 01' 114.70 C-21 310.00 38° 14. 14' 206"A6 j 1 "C-22 300.00 380 14' 14- 200.21 C-23 250.00 280 26' 41- 124.11 ' a "Comm RcsancR r.Ps ECORDER S MEMO 1. 'QAcr all FAINT! WRITING, TYPING,. CARBON 2: 504 N 40 COPIES OR DOT MATRIX PRINTERS 3. TRAa 2153 MAKE.'POOR PHOTOGRAPHIC RECORR 4. 226 A 22 mom: 5. 0874 6. TRACT 4334 1. All distances and dimensions are shorn in feet and decisslr. thereof. 7. 100M23 f 4. TSACT 7787 2. The distinctive border line Lndieacsa the boundary of land richln this Sep containing 9.514 t acres. . n . 3 ?ie wxlMy aaretardd d' PG 1 E/ p f!T asawuf 'doted � u,1969 ' v .4 4" 46-- 1,- per 52Aiai 444I4.ZoVt Of Ott C)OWNWAINt COd4. Shre dF Ca6tsre.a e0' 8P r I Ll Ill fJY'�J17�f p�y7 wN' ` t !VY IL�LJf JC/' `• N/l-.I�•1!% llJ7.d-J lJlf /J• , tiIJ�IYI,/Y - - a __ � _ .v�.�nas'i Ia+lr• � /ire • ( - srn. ca�au .. .�. is .. 1 i \_I 3f f i.�t ♦ y♦ i` I ♦ .�.Il — TRACT �r-Arts r any o "ZI may' .r.slb� :ice +/erSrSstt saJr+� I 'wi►c►sv�f vis-errs+r t i. "r ss s �. W- I�.i�Q 4: �Jw �swtr• sin. QU4 f e r Xop 21 AAWe _ ... it".T.4"cvzsS • , ,; -�M.F7f _- .`ate._, �� - �� ..-{ ww.rrJit p 4�i a - .• d' 16 areN /' Mir f (/ a a I \LANDS r !fir ff' Ca xOF GHr0 u,,Arr os wveesn./e ! .ti Fee o wussw/p, ti os cor r9 ak �� _ a�cA7C! 1N.�G�'J/3�f✓r.J.!79 t AC 1 J74 LLVA IL ;_ lyo Tvs.co _.8117' DT l "Va L 1 S- 9-91 100, �. Li �' c'AAA,H4LLLY l..� .. , 1� /� j"~ ~00G.O/J i 1/'•�(� j �� _ Tom• _- vb•'��1/M,� 1 L � may' rtk/W0 3 eros 7 ...oa �� --rte !i� IVO FEE IN ACCORDANCE p a WITH 60V CODE e10S Adturn to: U FEE CITY OF CUPERTINO 10300 Torre Avenue LEASE Cupertino, CA 95014 I. INTRODUCTION 1. 1 This lease is made on tid , 1991, between HAROLD L. GHENO and ANTONIO M. GHENO, TRUSTEES, EDITH E. GHENO FAMILY TRUST, hereafter called Lessor, and the CITY OF CUPERTINO, a municipal corporation of the State of California, hereafter called Lessee. 1.2 Lessor leases to Lessee, and Lessee hires from Lessor, the premises hereafter described. II. PREMISES 2 . 1 The "premises" are the described land plus, any described appurtenances, exclusive of any improvements now or hereafter located on the premises, notwithstanding that any such improvements may or shall be construed as affixed to and as constitution part of the real property. 2 .2 The premises consist of a temporary gravel parking lot with 56 stalls situated in Cupertino with access to South Blaney Avenue on the west and Parkside Lane on the east. The frontages or boundaries are as follows: 252 feet on the north and on the south along Hall Court and 68 feet on the east along Parkside Lane and 68 feet on the west along South Blaney Lane. The land is unimproved. 2 . 3 The legal description of the premises, including any appurtenances, is included in Exhibit A attached to this lease and initialed by the parties. 1 .y FEE "' 3 i III. TERM 3.1 The term of this lease is from August 1, 1991 to February 1, 1993, or until Lessee completes the parking for the Park on Lessee's adjacent land, unless extended or sooner terminated as provided for in this lease, except in the event Lessor sells land that includes the premises, then this Lease will terminate one month after the close of escrow on Lessor's land sale. IV. CONSIDERATION 4 . 1 Lessee shall pay as an advance to be repaid pursuant to the Reimbursement Agreement, attached hereto and incorporated herein as Exhibit B, without abatement, deduction, or offset the following: The cost of improvements to Lessor's property is described in the Agreement attached hereto as Exhibit C and incorporated herein. Those improvements are required for approval of Tract no. 8312 as shown on the tentative tract map for Tract no. 8332 and accompanying improvement plans, including construction of a portion of street, curbs, gutter, sidewalks and underground utilities for Rodrigues Avenue, Parkside Lane and Hall Court,. said areas being on or immediately adjacent to Lessee's land. 4.2 No rent or any other payment shall be made in consideration of this Lease. 2 • V. USE OF THE PREMISES 5. 1 Lessee shall use and permit the use of the premises solely for the construction, maintenance, and operation of a parking lot. VI. IMPROVEMENTS 6.1 At any time and from time to time during the term, Lessee may, but is not obligated to, construct or otherwise make new improvements on any part or all of the premises, including a parking lot, and to demolish, remove, "replace, alter, relocate, reconstruct, or add to any existing improvements in whole or in part, and to modify or change the contour or grade, or both, of the land, provided Lessee is not then in default under any condition or provision of this lease and provided the improvements following the work are at least equal in value to any improvements as they were before being demolished, removed, replaced, altered, relocated, reconstructed, modified, or changed. All salvage shall belong to Lessee. 6.2 Before any major work of construction, alteration or repair is commenced on the premises, and before any building materials have been delivered to the premises by Lessee or under Lessee's authority, Lessee shall comply with all the following conditions or procure Lessor's written waiver of the condition or conditions specified in the waiver: A. Notify Lessor of Lessee's intention to commence a work of improvement at least five (5) days before commencement of 3 any such work or delivery of any materials. The notice shall specify the approximate location and - nature of the intended improvements. Lessor shall have the right to post and maintain on the promises any notices of nonresponsibility provided for under applicable law, and to inspect the premises in relation to the construction at all reasonable times. 6. 3 Lessee may enter onto the land before commencement of the term to make any soil or structural engineering tests that Lessee considers necessary. All such tests made by or behalf of Lessee shall be at Lessee's sole expense and shall be evidenced by a separate contract. A copy of the report shall be delivered to Lessor on commencement of the term. 6.4 Lessee shall defend and indemnify Lessor against all liability and loss of any type arising out of work performed on the premises by Lessee, and use of the parking lot together with reasonable attorneys' fees and all costs and expenses incurred by Lessor in negotiation, settling, defending or otherwise protecting against such claims. , 6.5 Throughout the term, Lessee shall, . at Lessee's sole cost and expense, maintain the premises and all improvements in good condition and repair, ordinary wear and tear excepted, and in accordance with all applicable laws, rules, ordinances, orders and regulations of federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. 4 6. 6 At the normal expiration of the term, provided Lessee is not then in default, Lessee shall have the right to remove any or all fixtures or improvements or both, provided all resultant injuries to the premises and remaining improvements are completely remedied and Lessee complies with Lessor's reasonable requirements respecting the resultant,. appearance. Lessee shall remove gravel, reinstall topsoil, and restore the premises to its former condition. VII. INSURANCE 7. 1 It is understood and agreed to by both Lessee and Lessor that the City of Cupertino is self-insured against claims and liability for personal injury, death, or property damage arising from the use, occupancy, disuse, or condition of the premises, improvements, or adjoining areas or ways, providing protection of at least $ 5, 000,000 for any one accident or occurrence. In the event that the City of Cupertino (Lessee) discontinues its policy of self-insurance, Lessee agrees to: (1) provide Lessor with notice of intent to become insured at least sixty (60) days prior to such event; (2) provide Lessor with a Certificate of Insurance issued by the City's carrier; (3) agree that it will not cancel or reduce coverage without giving the Lessor sixty (60) days prior written notice; and (4) agrees to provide insurance that is sufficient in coverage and amounts in the opinion of the Lessor. 5 1.2 City hereby agrees to indemnify and hold harmless Lessor, its officers, agents and employees from any claims or demands which may be made against Lessor by reason of any injury to or death of any person or damage to or destruction of property of Lessor or third parties as a result of tenancy under this lease. City at its own cost shall defend any ' and all suits, actions or other legal proceedings that may be brought or instituted by third parties against Lessor, its officers, agents or employees on any of the above claims or demands of such third parties. VIII. DEFAULT 8.1 No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give the other any contractual right by custom, estoppel, or otherwise. 8.2 If either party brings any action or proceeding to enforce, protect, or' establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorneys' fees. IX. GENERAL PROVISIONS 9. 1 Notices. All notices must be in writing and notice is considered given either (a) when delivered in person to the recipient named as below, or (b) five (5) days after deposit 6 in the United States mail in a sealed envelope or container, either registered or certified mail, return receipt requested, postage and postal charges prepaid, addressed by name and address to the party or person intended as follows: Notice to Lessor: Harry Gheno 5 Cypress Court San Carlos, CA 94070 Notice to Lessee: City of Cupertino Director of Public Works 10300 Torre Avenue Cupertino, Ca 95014 9.2- All Exhibits and agenda to which reference is made in this lease are incorporated in the lease by the respective references to them, whether or not they are actually attached, provided they have been signed or; initialed by the parties. Reference to "this lease" includes matters incorporated by reference. 9.3 This lease contains the entire agreement between the parties and may only be amended by a writing signed by both parties. No promise, representation, warranty, or covenant not included in this lease has been or is relied on by either party. 9.4 The invalidity of illegality of any provision shall not affect the remainder of the lease. 9.5 Subject to the provisions of this lease on assignment and subletting, each and all of the covenants and conditions of this lease shall be binding on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns, and personal representatives of the respective parties. 7 9. 6 At the expiration or earlier termination of the term, Lessee shall surrender to Lessor the possession of the - premises. Surrender or removal of improvements shall be as directed in provisions of this lease on ownership of improvements at termination. 9.7 This lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. LESSOR, Harold L. Gheno, Trustee, Afitonlo M. Ghe o, Tr stee Edith E. Gheno Family Trust Edith E. Gheno Family Trust LESSEE, The City of Cupertino By: Mayor City Perk - Approved as to fbrrn: City At orney 8 Page 1 of 2 Exhibit "A" Legal Description of the Premises LEGAL DESCRIPTION A portion of that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as Lots 16 and 17 of map entitled "Map of the Price Subdivision" , .recorded :in Rook N of Maps at page 74, more particularly described as follows! Beginning at the monument marking the intersection of the centerline of Price Avenue and the -centerline of Blaney Avenue; Thence South 000 129 29" East along said centerline of Blaney Avenue: 508. 69 feet; Thence North 89' 47 ' 31" East, 30. 00 feet to the TRUE POINT OF BEGINNING; Thence along a line parallel with and distant easterly 30.00 'feet, measured at right angles from the centerline of Blaney Avenue, North 009 121 2911 Wast 47 .94 feet; Thence along a line parallel with and distant northerly 98.00 feet, measured at right angles from the centerline of Hall Court as said centerline is shown on the Map of Tract 8117, filed for record in Book 586 of Maps at pages 39 and 40, North 89' 37 ' 3311 East, 2.76.37 feet; Thence along a line parallel with and distant westerly 30. 00 feet, measured at right angles from the easterly ] ine of said Lots 16 and 17 , South 00° 12 ' 2911 Fant 48. 06 feet; Thence along a tangent curve to the right, concave to the northwest, with a radius of 20. 00 feet through a central angle of 89 • 50 ' 02" for an arc _l angth of 31.36 feet; Thence along a line parallel with and distant northerly 30. 00 feet, measured at right angles from the centerline of said Hall Court South 89 ' 37 ' 33" West 234. 37 feet; Thence along a tangent curve io the right, concave to the southwest, with a radius of 20. 00 feet through a central angle of 90° 091 58" for, an arc length of 31 .47 feet to the TRUE POINT OF BEGINNING. Description prepared by Kier & Wright Civil Engineers and Land Surveyors, Ina. Date Ted Wilson, L.S. 6425 OGOBLD.MK Page 1 of 2 Exhibit "A" Page 2 of 2 Pa_C or A VPS t ~---''---` -_._ROD R I GU E S AVENUE 14) h � Lai �,, LINE TABLEt , 1-_'„' I ' LINE BEARI NC D I STANCE } L1 S 00'12'29* 4R.06 W L'2. 6 00'17'29" W 41.94 7 CURVE TABLE; t W i n t CURVE RADIUS DELTA LENGTH �t C1 20.00' 69,50'02.' 31.36' t �I C2 20.00' 90'09'58" 31.47' ' m z (� I � Q N 80'37'33'E 276.37 Q- T F,0.8 LTP0.8. w woo, h S 89'37'33' W 23637' ' LF f9 � N 89'37'33' E 336.37' _ HALL COURT l - !.. 1/ I C7 8!17 t, 7 PLAT TO ACCOMPANY DATE Nf /0,Pry 7 DESCRIPTIONLEGAL ALE DR.BY/`1K KIER & WRIGHT 892IC CIVIL INc'multS A sultv(TORi, INC. 7HEET NO. X150 k0tl&UJOWNIU,/ullding D • (400)727.6665 1enu ClAn•Gldprntg W54 • FAX 14tmj 71/.*11 � ^�. .9 Page 1 of 1 Exhibit "B" REIMBURSEMENT AGREEMENT [Reimbursement Agreement for Gheno to reimburse City and District for his improvement costs shall be labeled Exhibit B and attached here upon execution. ] 11 REIMBURSEMENT AGREEMENT THIS AGREEMENT is made on , 1991, by and between the CUPERTINO UNION SCHOOL DISTRICT, a local agency of the State of California ( the "District") , the CITY OF CUPERTINO, a municipal corporation of the State of California (the "City") , and HAROLD L. GHENO and ANTONIO M. GHENO, TRUSTEES, EDITH E. GHENO FAMILY TRUST ("Gheno") . RECITALS A. District owns fee title to that certain tract of land situated in the City of Cupertino, Santa Clara County, California, generally known and described as Tract No. 8332 (the "Property") . B. District has sold a portion of the Property consisting of 5. 6 acres to City for a park (the "Park Site") . C. District and City propose to perform certain work of improvement on the above tract as specified in the Agreement attached hereto and incorporated herein as Exhibit A (the "Improvements") . D. Gheno is the owner of an adjacent tract of land to the west of the Property bounded by South Blaney Avenue on the west, Hall Court on the south, Parkside Land' on the east and Rodrigues Avenue on the north (the "Gheno Property") . E. Gheno proposes to develop the Gheno Property and the Improvements will therefore benefit the Gheno Property as well as the Property. 1 F. City has agreed to lease from Gheno and Gheno has agreed to lease to the City a portion of the Gheno Property for use as a parking lot for the park until City develops a parking lot on the Park Site pursuant to the Lease attached hereto and incorporated herein as Exhibit B. G. In consideration for this lease, City and District have agreed to advance the costs of the Improvements which benefit the Gheno Property. H. Exhibit C, identifies the portions of the Improvements which benefit primarily the District, the City and Gheno. I. The District shall be entitled to reimbursement from Gheno of thirteen percent (13%) of its costs of the construction of the Improvements, but not more than Seventy-five Thousand Dollars ($75, 000) , upon the filing by Gheno of a tract map for the Gheno Property or any portion thereof. J. The City shall be entitled to reimbursement from Gheno of thirty-two percent (32%) of its costs of the construction of the Improvements, but not more than Sixty-nine Thousand Dollars ($69,000) , upon the filing by Gheno of a tract map for the Gheno Property or any portion thereof. NOW, THEREFORE, in consideration of the covenants contained in this Agreement, the parties hereto mutually covenant and agree as follows: . GENERAL REQUIREMENTS 1. 1 The District and City shall, at their own cost 2 and expense, complete all of the Improvements covered by the Agreement, Exhibit A hereto, at an estimated cost of Seven Hundred Six Thousand, Seven Hundred Ninety-eight Dollars ($706,798) . DEFINITION AND OWNERSHIP OF IMPROVEMENTS 2. 1 The term "Improvements" means the development work required by the final improvement plans for Tract no. 8332 including streets, curbs, gutters, sidewalks and underground utilities, referenced in the Agreement, Exhibit A hereto, and indicated on Tract map no. ' 8332, Exhibit D hereto. The Improvements shall be shown in detail on an improvement plans, profiles, and specifications that have been or are being prepared by one or more registered civil. engineers acting for the District. PAYMENT 3 . 1 The District and City shall be reimbursed and paid a share of the costs and expense , of construction of the Improvements by Gheno as follows: A. The costs of thirteen percent (13%) of all labor paid for, including payroll insurance and taxes, and all other costs and expenses incurred by the District for construction of the Improvements, but in no event more than Seventy-five Thousand Dollars ($75, 000) , will be reimbursed by Gheno to the District upon Gheno's development of his property and _District's delivery to Gheno of a statement of District's costs and expenses for the construction of the Improvements and of the amount due from 3 � r , t Gheno. B. Thirty-two percent (32%) of the costs paid by the City to the District for construction of the Improvements, but in no event more than Sixty-nine Thousand Dollars ($69, 000) , will be reimbursed by Gheno, to the City upon Gheno Is development of his property and City's delivery to Gheno of a statement by the City of the amount of the costs and expenses of the construction of the Improvements paid by the City and of the amount due from Gheno. 3 .2 Books and Records. The District shall keep and maintain accurate books of account and recordsof all of its business transactions under this agreement. Gheno shall have the right to review these books of account and records at the offices of the District during normal business hours on reasonable notice. GENERAL PROVISIONS 4. 1 Entire Agreement. This .agreement represents the entire understanding of the parties and supersedes all previous negotiations, written or oral, and may not be altered, changed, amended, or modified except by an agreement in writing signed by the parties. 4.2 Notices. Any notices and demands under this agreement shall be in , writing, and shall be deemed given and received forty eight (48) hours after deposit with the United States Postal Service, postage prepaid, addressed to the parties as follows: 4 111 lo B I I V To The District at: Associate Superintendent, Business Services Cupertino Union School District 10301 Vista Drive Cupertino, CA 95014 To the City at: Director of Public Works 10300 Torre Avenue Cupertino, CA 95017 To Gheno at: Harry Gheno 5 Cypress Court San Carlos, CA 94070 Each party shall have the right by notice in writing given to the others pursuant to the provisions of this paragraph to change,' from, time to time, the respective addresses at which notices or demands shall be given. Statements for reimbursement or payment shall be delivered as set forth in this paragraph. Payments delivered as set forth in this paragraph need not be accompanied by any other written notice. 4. 3 Applicable Law. The laws of the State of California shall govern this agreement and, any breach of this agreement. 4.4 Binding effect. The terms and conditions of this agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors. and assigns. b HBIT B IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above. written. Dated: A, The City of Cupertino By: Mayor Dated: .lo.1�j The pert' n ol.Dlstril t BY_ Dated:) Harold L. Gheno, Trustee, Edith E. Gheno Famil Trust By: Dated: Antonio M. Gheno, Trustee, Edith Gheno Family Tryst By: o,�. Cit Clerk. Approved as to form: City Attorney 6 KBIT Page 1 of 5 Exhibit "A" AGREEMENT [Agreement between City and District for City to reimburse District for improvement costs shall be labeled Exhibit A and attached here upon execution. ] Page 1 of 8 Exhibit ngn LEASE (Lease between City and Gheno for City lease of Gheno property for park parking lot shall be labeled Exhibit B and attached here upon execution. ] J 8 Exhibit "DII Final Map for Tract 8332 10 1 } d J Page 1 of 5 Exhibit "C" AGREEMENT [Agreement between City and District for City to reimburse District for improvement costs shall be labeled Exhibit C and attached here upon execution. ] 12 AGREEMENT THIS AGREEMENT, ENTERED INTO ON , 1991 BETWEEN CITY OF CUPERTINO, a body politic and a municipal corporation of the State of California, referred to herein as "CUPERTINO" . AND THE CUPERTINO UNION SCHOOL DISTRICT, a local agency of. the State of California, referred to herein as "DISTRICT" . RECITALS (1) CUPERTINO and DISTRICT contemplate construction of the improvements required by the final improvement plans for Tract No. 8332 including streets, , curbs, gutters, sidewalks and underground utilities, referred to herein as "PROJECT" , and desire to specify the terms and conditions under which this project is to be installed, financed and maintained. (2) THE DISTRICT will act as lead agency. The DISTRICT, CUPERTINO and GHENO will share the expense of preparation of plans and specifications, construction engineering, construction costs and necessary equipment purchase required to complete the PROJECT. CUPERTINO and DISTRICT will bear the full cost subject to reimbursement by GHENO of his share of that expense pursuant to the Reimbursment 'Agreement, Exhibit A hereto. SECTION 1 CUPERTINO AGREES: To pay DISTRICT within thirty (30) days of receipt of billing therefor (which billing will be forwarded after December 1991) an amount to twenty-two percent (22%) of the ,: final construction costs or One Hundred Sixty-seven Thousand Dollars ($167, 000 ) - whichever is less. . An example of the schedule is shown below as Exhibit B and incorporated herein by this reference. In no event shall CUPERTINO's total obligation for said costs under this Agreement exceed the amount of One Hundred Sixty-seven Thousand ($167, 000) provided that CUPERTINO may, at its sole' discretion, in writing, authorize a greater amount. 1 gm F! 1 SECTION II DISTRICT AGREES: (1) To provide advertisement, bid opening, award of the contract, contract administration and all necessary construction engineering services for the PROJECT. (2) Prior to advertisement for construction of PROJECT, to submit said plans and specifications to CUPERTINO for review and concurrence as to conformity to CUPERTINO's standards and/or existing facilities. (3) To construct the PROJECT by contract in accordance with the plans and specifications of DISTRICT: SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) Neither CUPERTINO nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in conjunction with any work, authority or jurisdiction delegated to. DISTRICT under this Agreement. Pursuant to Government Code Section 895.4 , DISTRICT shall fully indemnify and hold CUPERTINO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by DISTRICT under or in conjunction with any work, authority or jurisdiction delegated to DISTRICT under this Agreement. (2) Neither DISTRICT nor any officer or employee thereof shall be . responsible for any damage or liability occurring by reason of anything done or omitted to bedone by CUPERTINO under or in conjunction with any work, authority or jurisdiction not delegated to DISTRICT under this Agreement. Pursuant to Government Code Section 895.4, CUPERTINO shall fully indemnify and hold DISTRICT harmless from any liability imposed for injury (as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by CUPERTINO under or in conjunction with any work, authority or jurisdiction not delegated to DISTRICT under this Agreement. (3) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of -this Agreement. �' �t (4) After opening bids for the PROJECT and if bids, indicate a cost overrun of . no more than ten percent (10%) of the estimated cost of Four Hundred Fifty-three Thousand Dollars ($453,000) , DISTRICT may award the contract. (5) ' If, upon opening ,of bids, ' it is found that a cost overrun exceeding ten percent (10%) of the estimate will occur, CUPERTINO and DISTRICT shall endeavor to agree upon an alternate course of action, such as proportional increases in the financing by each party. DISTRICT shall no be obligated to award the contract unless such agreement is reached. Notwithstanding any such overrun, DISTRICT may award the contract, without consent of CUPERTINO, if DISTRICT agrees to assume financial responsibility for the cost overrun. (G) In the construction of said work, , DISTRICT will furnish a representative to perform the usual functions of; a Resident Engineer. (7) DISTRICT shall require any contractor awarded a contract for any portion of said PROJECT to secure and maintain, in full force and effect at all times during construction of said PROJECT and until said PROJECT is accepted by DISTRICT and CUPERTINO, public liability and property damage insurance in forms and limits of liability satisfactory and acceptable to DISTRICT and CUPERTINO, naming CUPERTINO and DISTRICT and their respective officers, agents, and employees as insureds, from and against any and all claims, loss liability, ; cost or expense arising out of or in any way connected with the construction of said PROJECT and to indemnify and hold harmless those entities and individuals from all such liabilities. (8) CUPERTINO hereby grants to DISTRICT and. its agents and contractors all necessary authority to perform within the boundaries of CUPERTINO any and, all work required to perform the terms of this Agreement upon . securing all necessary permits from City and other agencies. (9) This Agreement shall terminate on September 30, 1991 , if DISTRICT has not awarded the contract for the construction of the PROJECT prior to that date,. Otherwise, this Agreement shall terminate upon receipt of CUPERTINO ' s reimbursement as specified in Section II. 6 cr cif RN 3LAHR I CITY OF CUPERTINO _ CUPERTI UNION S HOOL 'DISTRICT By: By: Mayor Attest: Attest•. C y CletX Clerk of the Board of Trustees APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY: LEGALITY: City Attorney Counsel EA EXHIBIT A REIMBURSEMENT AGREEMENT [Agreement between City, District and Gheno for Gheno to reimburse District and City for improvement costs shall be labeled Exhibit A and attached here upon execution of Reimbursement Agreement. ] 5 EXHIBIT B (EXAMPLE OF PAYMENT SCHEDULE) DISTRICT bid opening date June 17, 1991 DISTRICT award of Contract for Project July 5, 1991 DISTRICT'S bill to CUPERTINO November 29, 1991 CUPERTINO's repayment (due within 30 days) December 30, 1991 y 6 C91 L RESOLUTION NO. 8448 A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EDMCUTION OF A "LEASE" BETWEEN THE CITY AMID HAROLD L. GHENO AND ANTMO M. GHM, TRUSTEES, EDITH E. GHENO FAMILY TRUST; ALLOWING THE CITY TO UTILIZE THE GHENO PROPERTY FOR TEKPORARY PARKING PURPOSES; WILSON SCHOOL SITE WHRMS, the developer of Tract No. 8332, the Cupertino Union School District, is required to provide parking facility to the patrons of Wilson Park which is adjacent to the district's project inasmuch as the existing parking facility - will be eliminated during the construction of the district's project; and WHEREAS, a "Lease" agreement between the City and Harold L. Gheno and Antonio M. Gheno, Trustees, Edith E. Gheno Family Trust; is presented to the City Council in fulfillment of the school district's obligation to Provide the parking' facility at the school district's expense; and WHEREAS, the provisions, terms, and conditions of said "Lease" have been reviewed and approved by the Director of Public Works and the City Attorney;' NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the aforementioned. "Lease" and authorizes the Mayor and the City Clerk to execute said "Lease" on behalf of the City of Cupertino. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said deed and this Resolution. PASSED AMID ADOPTED at. a regular meeting of the City Council of the City of Cupertino this 15th day of July , 1991, by the following vote: Vote Members of the City Council AYES: Goldman, Rogers, Sorensen, Szabo, Koppel NOES: None THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS ATRUE AND CORRECT COPY ABSENT: None OF THE ORIGINAL ON FILE IN THIS OFFICE. ABSTAIN: Norte ATTEST CITY CLEARK OF THE CITY OF PERTIND 9Y A ST: APPROVED: C CLERK /s/ Roberta A. Wolfe /s/ Barb Koppel City Clerk Deputy Mayor, City of Cupertino AGREEMENT 0 D CITY OF CUPERTINO P.O. Box 580 *� �aod Cupertino, CA 95015 , j� 3.0 I 252-4505 `O NO. Acct # 120-9104-953 1/0 D50 BY THIS AGREEMENT made and entered into on the 3rd day of May 19 911 / by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Kier & Wright (2) Address 3350 Scott Blvd, Bldg #22 City Santa Clara Zip 95054Phone 7-5641 (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: Preparation of project plans and specs for renovation of baseball diamond area of Wilson Elementary School Playground. EXHIBITS:The following attached exhibits hereby are made part of this Agreement: Kier & Wright letter dated April 24, 1991: Wilson Park Renovation TERMS The services and/or materials furnished under this Agreement shall commence on April 29, 1991 and shall be completed before PS&E July 31, 1991 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS -Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and A damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance 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. 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 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 CO-ORDINATOR and representative for CITY shall be: NIAME Travice Whitten DEPARTMENT Public Works 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. CONTRACTOR: CITY OF CUPERTINO: By ✓ �'�'� - By Title Title V&,OUYy 01,We?Zc@. Soc. Sec.# A4, A, APPROVALS De artment He d Date City Cle Date- sf 4 White-City Clerk Copy Green-Finance Canary-Contractor's Copy Pink-Receiving Copy Goldenrod-Department Copy KCER WRIGHT April 24, 1991 Civil Engineers Surveyors, Inc. Mr. Travice Whitten Deputy -Director of Public Works r t, City of Cupertino PUSSLE', 10300 Torre Avenue b�tt� Z X197 Cupertino, CA 95014 RE: Wilson Park Renovation Dear Travice: As you requested we are pleased to offer this proposal for the preparation of the plans and specifications as outlined below for the renovation of the existing baseball diamond area of the existing Wilson Elementary School Playground. The renovated baseball diamond and soccer field area lies between the Regnart Creek, Rodrigues Avenue extension, Parkside Lane and the existing City of Cupertino Wilson Park. The existing playground facilities will be removed and three new baseball diamonds will be constructed includ- ing fencing, backstops, bleachers and dugouts built to Little League. Standards. A soccer field area with temporary removable backstops and a pathway and lighting system con- necting Parkside Lane to the existing Wilson Park pathway system and the installation of a batting cage and a restroom and concession building are also to be included. This proposal assumes that the concession and restroom building will be a prefabricated unit and will be specified for the permitting and installation by the project contrac- tor. Our proposal does not include a detailed architectural and structural design for the concession building. The following is a general outline of the scope of services to be provided by Kier & Wright. 1. Preparation of project plans and specifications including plan showing existing site conditions. 2 . Demolition plan. 3 . Grading and drainage plans. 4 . Construction site location plans. 3350 Scott Boulevard, Building 22 • Santa Clara, California 95054 • (408) 727-6665 0 FAX,(408) 727-5641 Mr. Travice Whitten April 24, 1991 Page Two 5. Detail plans for site construction. 6. Electrical plans. 7. Irrigation and planting plans. 8 . ' Attend weekly construction meetings during the course of construction. 9. Furnish construction staking for the contractor. TOTAL FEE PROPOSAL $37, 500. 00 This proposal does not include any printing or reproduction cost which will be billed at cost plus 10% for handling. If you have any questions, please feel free to give me a call. Sincerely, KIER & WRIGHT Richard T. Kier RTK/ljm ID Cit-4 of Cuperti"o P.O.Box 580 10300 Torre Avenue Cupertino,CA 95015-0580 Cupertino,CA 95014-3255 Telephone:(408)252-4505 FAX:(408)252-0753 DEPARTMENT OF THE CITY CLERK May 28, 1991 Kier & Wright 3350 Scott Blvd., Bldg. 22 Santa Clara, California 95054 We are enclosing to you for your files and information one (1) copy of the Agreement by and between the City of Cupertino and.Kier & Wright which has been fully executed by City Officials. Your agreement shall begin on 4/29/91 and shall be completed before 07/31/91. Thank you for your. services. Sincerely, DO12OM Mili=S CITY CLERK DC/cs encl. cc: Department of Public Works AGREEMENT 2-0 -/0 v oapo� CITY OF CUPERTINO oQo P.O. Box 580 r�oaQ Cupertino, CA 95015 252-4505 Q BY THIS AGREEMENT made and entered into on the day of 19 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) KIER & WRIGHT (2) Address 3350 Scott Blvd. -Bidg. 22 City S^n a Clara, CA Zip9, 05 54 Phone 727_—_E6_65 (408) (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 plans and specifications for parking lot improvements for Wilson Park and develop preliminary ballfield plans. 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 November 21, 1989 and shall be completed before the expiration of 45 days thereof. COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: $16,000.00 SIXTEEN THOUSAND AND NO/100 DOLLARS 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 of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services desCYibed 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 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 CO-ORDINATOR and representative for CITY shall be: NAME Travice Whitten DEPARTMENT Public Works 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. CONTRACTOR.- , /L ONTRACTOR: , l o CITY OF CUPERTINO: By ��' � G �trr�, By Title Title Soc. Sec.# APPROV LS 7 - Dep ar ent ea to Ci�, e J Date 1 N White-City C rk Copy Green-Finance ,Canary-Contractors Copy Pink-Receiving Copy Goldenrod-Department Copy EXHIBIT A • A. The consultant agrees to furnish and perform services for items No.T (Exhibit No.) 6, 7, 13, 15, 16, 17, 23, 24, 25, 26, and 27 as follows: DESCRIPTION ITEM (For Office Use) NO. Consultant: Client: 1) Prepare topographic map of property. 2) Furnish b6undary survey of property. (Initials) (Initials) 3) Prepare tentative subdivision map of property. 4) Present tentative subdivision map to governing bodies for consideration and action. 5) Prepare final subdivision map for recordation. 6) Prepare street plans for coxlstruction purposes. 7) Prepare sanitary sewer plans for construction purposes. 8) Prepare storm sewer plans for construction purposes. 9) Prepare water distribution system plans for construction. 10) Prepare site grading plan. 11) Prepare plans for any type of off-tract improvement work. 12) Prepare grade sheets for inspectors. 13) Install one set of stakes for rough grading of streets. 14) Install one set of stakes for sanitary sewer construction. 15) Install one set of stakes for storm sewer construction. 16) Install one set of stakes for water line construction. 17) Install one set of stakes for curb and gutter construction. 18) Install one set of stakes for lot grading. 19) Install one set of stakes for defining lot lines for building purposes. 20) Install one set of construction stakes for each type of off-tract improvement work required. 21) After construction and lot grading, install one set of stakes defining lot corners. 22) Install control for setting monuments as called for on final map and set final point on monuments. 23) Furnish all transportation required for the performance of services listed above. 24) Prepare cost estimates and specifications for bidding. 25) Construction coordination. 26) Install one set of stakes for electroliers 27) Prepare preliminary plans for the redevelopment of the Wilson School Play Fields. B. The client agrees to compensate consultant for the above named services as follows: $16,000.00 in monthly progress payments for work completed to date. C. In the event this agreement is breached, terminated, cancelled or extra work is required,then consultant shall be paid per following schedule: $86.00 per hour for services of Principal Engi eer $ 41.00p,er hour for services of Draftsman $79.00 per hour for services of Senior Engineer $ 69.0(;perhourforservicesof Survey Coordinator $69.00 per hour for services of Office Engineer $ per hour for services of $59.00 per hour for services of Engineering Tech. $ per hour for services of— $45.00 per hour for services of Senior Draftsman $130.00 $—per hour for services of— per hour for services of 2 Man Survey Party $ per hour for services of—Man Survey Party $160.0Oper hour for services of 3 Man Survey Party $ per hour for services of—Man Survey Party Note (1) Above schedule is for straight time only and in the case of overtime, the rate charged for will be 1Y2 times the hourly rates shown and Sundays and holidays at 3 times the hourly rates shown. Note (2) Schedule above is also to be adjusted in accordance with Paragraph 33 of the standard provisions of this agreement. Form BM 79-1B© 1973 and revised 1978 and 1979 by California Council of Civil Engineers&Land Surveyors