CSD - INSTALLERS AGREEMENT INSTALLER'S
A_G_R E_E_M_E_N_T
WITHOUT REIMBURSEMENT
THIS AGREEMENT,made this ��i day of �C;v�t� , 2016, between the
CUPERTINO SANITARY DISTRICT of Santa Clara County, California,a public corporation
duly organized and existing under Part I Division 6 of the Health and Safety Code of the State of
California, hereinafter called"District,"and Avery Glenbrook,A California Limited Liability
Company, liereinafter called"Installer";
W_I_T N_E_S_S_E_T_H
WHEREAS, Installer is the owner of that certain real property called Glenbrook
Apartments located at 10100 Mary Avenue, Cupertino, CA(APN 326-27-036& 326-27-037);
WHEREAS,District is the owner and operator of a certain sanitary sewer mains located
within the sanitary sewer easements which are located within said property;
WHEREAS, Installer desires to remodel, upgrade and renovate the apartment units as it
becomes vacant over the next 5 years;
NOW, THEREFORE, IT IS AGREED, as follows:
1. PROPETY L(NE CLEAN-OUTS: District agrees to waive the requirement to have
owner install the property line clean-outs.
2. BUILDING PERMIT APPROVAL: This installer's agreement will serve as the
official document from Cupertino Sanitary District for City of Cupertino to issue building perrnit.
District waives the requirement to review each and all building permit applications for remodeling,
upgrading ar renovating said apartment complex.
3. DEPOSIT: Installer hereby ab ees to deposit, in cash,with District,prior to execution
of this agreement by District, Three Thousand Dollars(3,000.00). Said deposit is to be used by
District to pay for District's costs for examination of plans, checking of specifications,inspection
and other similar engineering charges,together with all costs of administration, supervision, legal,
recording and other incidental expenses in connection therewith. Any balance of said sum
rernaining on deposit after payment of a11 such charges and costs shall be refunded to Installer. No
interest shall be paid by District on the money so refunded. In the even additional funds are
required,District will notify the installer in writing and the installer agrees to deposit said amount
within 15 calendar days from District notice.
4. INDEMNIFICATION: Installer shall defend, indemnify and h�old District,the District
Engineer, Mark Thomas&Co. Inc., the County of Santa Clara and the City in which the referred
to real property is situated,their officers, agents and employees, free and harmless from any
liability or claim of liabiiity for costs and expenses incurred, directly, or indirectly, by Installer in
the construction of the sanitary sewer facilities which are the subject of this agreement. Installer
further agrees to require his contractor to rnaintain full insurance coverage of not less than
standard limits,and to defend, indemnify and hold District,the District Engineer,Mark Thomas&
Co. Inc., the County of Santa Clara and the City in which the referred to real property is situate,
their officers,agents and employees,free and harmless from any damage or claim of damage for
injury to person or property arising from the activities of Installer and his contractor in the
performance of this agreement.
5. COSTS OF SUIT. ln the event legal action is necessary in order to enforce or interpret
this Agreement,the prevailing party shall be entitled to recover all costs and expenses that may be
incurred in connection therewith,including reasonable attorneys fees.
6. TERMINATION/SCOPE OF AGREEMENT: This installer's agreement shall remain
in effect through December 31,2021, unless otherwise arnended in writing. This agreement shall
bind and inure to the benefit of the heirs, administrators,successors, and assigns of the parties
hereto.
IN WITNESS WHEREOP,the undersigned have executed this agreement the day and year
first above written.
"DISTRICT"
CUPERTINO SANITARY DISTRICT
Santa Clara County, California
By: �� � ` � . �.
Presid nt of th�Sanita Board of said District
�
ATTEST:
�
..� ���,��
Secretary of said District
"INSTALLER"
A Y GLENBR(JOK
A Calif " Limited Liability Company
B : ,� ��..��e <- r� . f�L/ '!�\d��!`�'�-
Y
AME, Managing Partner
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