81-029 Far West Savings & Loan - Tract 6713 BMR units (Reso 5631) Storm Drain Reimburse (Reso 5746) the chg. to Spier-Hawk in 1983 (Reso 6187)RP -TURN TO CITY1
C'g= CUPEE TINO
Tr)RRE AVE,
CA 95014
Recording requested by
and when recorded return to:
HOLZWARTH & SCHOELLERMAN (MJW)
Financial Plaza
4000 MacArthur Boulevard
Suite 6000, West Tower
Newport Beach, California 92660
MJW:kmw 051481
AGREEMENT TO ENCUMBER CONDOMINIUM UNITS
1.,712.02
G17(;NGE 3
THIS AGREEMENT TO ENCUMBER CONDOMINIUM UNITS is made
and entered this day of , 1981, by FAR WEST
SAVINGS AND LOAN ASSOCIATION, a California Corporation (herein-
after referred to as the "Developer") and the City of Cupertino,
a municipal corporation of the State of California (hereinafter
referred to as the "City").
A. WHEREAS, Developer owns that certain real property
located in the City of Cupertino, County of Santa Clara, State
of California, more particularly described as:
Lot 2 of Tract 6713 as shown �
on a Map recorded in Book 49617,�,
Pages to inclusive,
of Maps, in the Office of the
County Recorder for said County
(hereinafter referred to as the
"Property");
B.. WHEREAS, Developer is developing a nineteen (19)
unit residential condominium project upon the Property to be
known as Villa Calabazas Condominiums (hereinafter referred to
as the "Project");
C. WHEREAS, City has required that, as a condition
for its approval of the Project, Developer make two (2) indivi-
dual condominium units within the Project subject to the City of
Cupertino Below Market Rate Housing Program (hereinafter re-
ferred to as the "BMR Program") by recording the City of Cuper-
G�. 4
tino Below Market Rate Housing Program Participation Agreement
(hereinafter referred to as the "BMR Agreement"), a copy of
which is attached hereto as Exhibit "A" and incorporated herein
by this reference, against each of the two individual condomin-
ium units; and
D. WHEREAS, City desires to ensure that the BMR Agree-
ment is recorded against two condominium units in the Project
prior to the sale of said condominium units.
NOW, THEREFORE, in furtherance of the foregoing Recitals, De-
veloper and City do hereby agree as follows:
1. The City hereby consents to the recordation by the
Developer of the Tract Map in the Office of the County Re-
corder for the County of Santa Clara.
2. The Developer shall, at a time subsequent to recor-
dation of the condominium plan on the project, but prior to
the sale of any individual condominium unit, record the BMR
Agreement against two (2) individual condominium units in
the Project to be selected by Developer in its sole discre-
tion.
3. Recordation of this Agreement in the Office of
the County Recorder for the County of Santa Clara shall
serve to place the prospective purchasers of the aforesaid
affected condominium units on notice that said condominium
units are subject to the BMR Program.
4. The parties hereto acknowledge and agree that this
Agreement shall affect only those two (2) individual condo-
minium units to be selected by the Developer in its sole
discretion and shall not affect any other condominium unit
in the Project whatsoever.
G106� �
5. The parties hereto acknowledge and agree that De-
veloper's obligation to record the BMR Agreement against
two condominium units shall automatically terminate and all
provisions herein so obligating Developer shall be null and
void and of no force or effect immediately upon the occur-
rence of any of the following:
(a) The abandonment of the BMR Program by
the City of Cupertino;
(b) The finding by any court of law that
the BMR Program is void and/or otherwise unenforc-
ible for any reason including, but not limited
to, a determination that the BMR Program is viola-
tive of any state law or statute or the State
or Federal Constitution; or
(c) The abandonment by Developer of its
plans to develop the Property as a nineteen (19)
unit residential condominium project.
TO1945 CA (8-74)
(Corporation) �'i�A�Gf
� ATITLE NDTRUSTSTATE
OF CALIFORNIA 1
f
COUNTY OOrange I SS.
F
ATICOR COMPANY
On May 15, 1981 before me, the
undersigned, a Notary Public in and for said
kp
State, personally appeared Ronald B O S s i O
1 I"%
known to me to be the Vice president,
and Angela Kraus
Wknown
to me to be Assistant Secretary
I
9f the corporation that executed the within Instrument,
aknown
to me to be the persons who executed the within
a
Instrument on behalf of the corporation therein named, and
LQ
acknowledged to me that such corporation executed the
+♦oo�oo++♦000♦+ .
within instrument pursuant to its by-laws or a resolution of
OFFICIAL SEAL
its board of directors.:
6�'' JAN T. MARTIN
WITNESS my hand and official seal.
a NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
Signature LJti
MY Commission Expires May 18, 1991
r
B :
It$:�-D'irector of P14fie-.ng
ATTESTc -�
; *^
City Cleo
1 I"%
;:yy4�v
(This area for official notarial seal)
BY: Y4 -g4 CA�FA c.t/
-3-
Ant --'-Fla Krause
Its
L65I� 1
Assistant Secre ry
zted
January 7, 1981
PARTICIPATION A RF.E'1ENT QLt op
o.r,
CIT"Y' OF CUPERTINO BELOW MAR -ITT RATE HOUSING PROGRAM
T-nis agreement made and entered into this day of
1951, by and between the City of Cupertino, California (hereinafter "City"), and
(hereinafter "developer") , witnesseth:
?•rnereas, developer is the owner and developer of that parcel of real property
commonly known as
and _:ssesscr's parcel Number , CuDertino, California;
Lrr,ereas, developer monoses to develop a unit, multiple
family, re=sidential housing project (hereinafter "uro;iect") on above-described
property;
T,Thereas , on
, 1951, the City Council of the City of
Cunertinc , 1)v adoption of Yo. ,
annroved the development of said nropertv in a manner consistent with the terms and
conditio=s herein contained, one of such conditions being developer's participation
in the Belc:o '_•larket Rate (B1 -T.) Housing, Program of the City of Cupertino, and
7,hereas, it is the intention of both parties to set forth the covenant, conditions
and restrictions annlicahle to BMR Program participation in this separate document.
taerefore, in consideration of the fore-aoing, and of the mutual terms and
fcovenants reinafter set forth, the parties hereby agree that developer shall
narticioate in the above-described program, subject to the following terms and
cord_ ..sons .
- 1 -
1. S _Icr'CTTOF.S OF CO?,-DITIONS. CITY hereby agrees that execution, recordation
and Performance of this agreement shall constitute performance of those conditions of
subdivision approval for the PROJECT which relate to sale of units pursuant to the
CIT:" s R;a Program and the incorporation of related terms in the organizational documents•
1.
for the PROJECT, and shall be sufficient in that respect to permit recordation of the
final subdivision map, subject to City Council approval of said final map, satisfaction
of all other applicable conditions and compliance with all provisions of law.
2. Se_;_,E Or UNITS. Developers hereby agree that they shall offer units for sale,
based upon the unit description, as shown below, to households 44
qualified by the City or its designee pursuant to the City's Below Market Rate
Housing Program and the guidelines established thereunder. The sales price of the
units shall be established ninety (90) days prior to the projected date of occupancy
according to the formula set in the City policy based on the median income levels
for Santa Clara Count- as published by the San Francisco Office of the U.S. Department
of Housing and urban Development which will be in effect on the projected date of
Cerificate of Occupancy. Developer further agrees to insert in any deed or other
conveyance of any of said units those certain terms, conditions and restrictions
attached hereto as "EXHIBIT A" and incorporated herein by this reference.
Tract Number Lot number Unit Type, No. Bedrooms
3. OPINION OF COUNSEL. Concurrent with the execution hereof, developer shall
provide to Citi- a letter of opinion from its legal counsel stating that in the opinion
of counsel this agreement constitutes a valid and binding contract upon developer and
that the inclusion of the terms hereo= in this agreement rather than in the Declaration
of Covenants, Conditions and Restrictions for the rnrciect does not impair developer's
legal a-aility to co-plv with said terms nor the enforceability- of this agreement b.; City.
Developer shall execute this agreement, cause the same
to be ackno::ieced and deliver said executed and acknowledged document to the
Aw 0
G I.76,'AGE s
City in such for,as to permit its recordation in the office of the County Recorder
of the County of Santa Clara, State of California. This agreement shall be recorded
at the same time as the final subdivision map for the Project is recorded. City
shall not be obligated to permit recordation of the final subdivision map prior to
such deli.,e_y of this agreement.
5. LIMITED CO`ZSTRUCTION. Nothing cpntained herein shall be deemed compliance
with or waiver of any provision of law or condition of subdivision approval except
as exnressl.7 stated herein with respect to conditions relating to BMR units.
6. AG3EEt`_E*:T HI MING. The terms, covenants and conditions of this agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns,
contractors, subcontractors and grantees of both parties and shall be covenants
running with the land.
7. VJA'IV_7RS. The waiver by any party of any breach or violation of any term,
covenant or condition of this agreement or of any provision, ordinance or law shall
not be deemed to be a waiver of such term, covenant, condition, ordinance or law or
of anti subsecuent b=each or violation of the same or of any other term, covenant,
condition, ordinance or law.
8. CCSTS Ar_Dl ATTORNIn"S FEES. The prevailing party in any action brought
to enforce the to =s of this agreement or arising out of this agreement may recover
its reasonable costs and attorney's fees expended in connection with such an action
from the other party.
G1761-�n to
IN WITNESS I'lEREOF, CITY AND DEVELOPER have executed this agreement the day
and year first above written.
ATT --ST: CITY OF CUPERTINO
City Clerk
Approved:
Director of Planning Department
Approved as to Form:
Assistant Cit,: yttcrney
by:
City ?Manager
Developer
by:
Position:
January 7, 1981
EXHIBIT A �+
TERMS AND CO\DITIONS
Subiezt to:
sir: option to purchase the real Property conveyed herebv and any improvements
thereon (hereafter "the Premises") under conditions herein later set forth, vested
in the Cite o= Cu-Dertino (hereinafter "City"). City may designate a governmental
or non-Drof_t organization to exercise its option to purchase. City or its designee
may assign this option to an individual private buyer who meets the City's eligibility
aualifications. After the exercise of said option by City, its assignee or designee
Tay assign said right to purchase to any substitute individual private buyer who meets
the Citv's eligibility requirements and is approved by the City: provided, however,
that such subsequent assignment shall not extend any time limits contained herein.
In the case of the original transfer from the developer to the City, its
ass*gnee or designee, the City, its assignee or designee shall have the right to
exercise its option to purchase said premises within thirty (30) days after the
occurrence of the later of the following events:
1. The su*)ject Premises are ready for occupancy; or
2. Withir. 90 days from the date the developer notifies the City
t`:_t tuildina permits have been issued to the develoner for the
develcor._ent of the subject premises.
71- - e_=crow shall be closed within ten (10) days of the exercising of the
optica.
T= the su jest nremises are not expected to be completed within ninetv (90)
1 � _
Ea -.-s rrom the date the developer notifies the City that said building permits have
beep, issues, the develoaer shall notify the City of the projected completion date at
- 5--/a,
ftp"
least ninety (�0) cars prior to the Certificate of Occupancy of the subject premises.
All such r-otices shall be personally delivered ,or deposited in the United States
1.
mail, postage prenaid, first class, certified, addressed to the City Tanager, City of
Cupertino, 1C31170 Tcrre Avenue, Cupertino, California 95014.
Ir. the case of the transfer from the original grantee to a aualified purchaser,
whenever the owner (including Grantee and all successors in interest) of said Premises
shall no longer desire to own said Premises, owner shall notify City in writing to
that effect. Such notice shall be personally delivered or deposited in the United
States mail, pestag prepaid, first class, certified, addressed to City Manager, City
of Cunertiro, 10300 Torre Avenue, Cupertino, Cali.`ornia 95014. City, its assignee
or designee, shall then have the right to exercise its option to purchase said
Premises by delivery of written notice, by personal delivery or certified mail, to
the o;'Tner thereof at any time within sixty (60) days from the receipt by City of such
written notice from o:aner of intent to sell or written notice of any other method or
moEe of termination of ownership. As used hereinafter, "Grantee" shall refer to the
original grantee and all successors in interest.
If anc in the event that City or its designee exercises its option to purchase
said ?rerises, close of escrow of said purchase shall be within sixty (60) days of the
opening o= such escro,7 by either party, except in the case of the original transfer
frc-i the de-:e_cper -o the City, its assignee or designee (see above). Such escrow
shall be or=_nee unci, delivery to owner of written notice of the exercise of the option
or as soon :'har=_a=tar as nossible. In the case of the original transfer from the developer
to -he Ci_�, its asci nee or designee, closing costs shall be paid in the same manner
for 'Below 'ter::e. Ra -e units as for the market rate units in the develonment. In the
case of sub_ze^uent =ransfers, closing costs and title insurance shall be paid pursuant
to ^.e custo- a.d p-act;ce in the City of Cuper-ino, Santa Clara County, at the time of
the cce^:ir.g c= such escrM- . Anv prepayment fees charged by seller's lender will be
- 6 -
X176.+.rc 13
raid by the buy°=_r and that amount will be added to the buyer's base purchase price
to allow it to be recovered upon resale by the buyer.
The seller will be required to obtain and pay for a structural pest control
report and to pay for any necessary corrective work. The seller will not be obligated
to perform preventative, but not currently necessary, work;' the buyer may perform
such work at his or her expense.
The purchase price shall be paid in cash at the close of escrow or as may be
other -wise provided by mutual agreement of buyer and seller.
The purchase price of the Premises shall be fixed at the lowest amount arrived
at via the Following methods:
1. In the case of the original transfer from developer to the City or
its assigned interest, the purchase price of the units shall be established
ninety (90) days prior to the projected date of occupancy according to the
formula set in the City policy based on the median income levels for Santa
Clara County as published by the San Francisco Office of the U.S. Department
of Fousing and Urban Development which will be in effect on the projected
Certificate of Occupancy.
2. In the case of all transfers other than the original transfer from the
develoDer to the City, its assignee or designee, the purchase price shall be
fi::E at and is based upon:
a) %.e purchase price paid by the selling owner plus an amount, if any,
to comoensate for any increase in the cost of living as measured by the
Ccnsumar Price Index for the San Francisco -Oakland area published by the
�.5. Department of Labor, Bureau of Labor Statistics (herein "the Index").
:cr that purnose, the Index prevailing on the date of purchase by Grantor
of said premises shall be compared with that estimated to be prevailing
sixty days subsequent to receipt by City of notice of intent to sell.
The yearly compounded increase in the Index, if any, shall be
co7puted and the base price shall be increased in the same percentage;
provided, however, that the price as determined under subparagraph 2(a)
shall in no event be lower than the purchase price paid the selling owner.
b) The adjusted purchase price, as determined by subparagraph 2(a), shall
be increased by the amount of any prepayment fees charged by the previous
owner's lender and paid by the current seller at the time the current
seller purchased said Premises.
c) The adjusted purchase price, as determined under subparagraph 2(a) and
2(b) shall be increased by the value of any substantial or structural or
permanent fixed improvements which cannot be removed without substantial
damage to the premises or substantial or total loss of value of said
improvements as hereinafter provided. No such adjustment shall be made
except for improvements made or installed by the selling owner. No
improvement shall be deemed substantial unless the actual initial costs
of the improvement to the owner exceeds one (1) percent of the purchase
price paid by the selling owner for the premises. Notwithstanding the
foregoing, improvements to the common areas of a condominium or Planned
unit Dere=opment made by a mandatory assessment by the homeowner's
associaticn will be considered the same as an improvement made directly
by the owner. The one (1) percent minimum expenditure requirement
will not apply to such assessments. In addition, replacement of
avoliances, fixtures and equipment which were originally sold as part
o- the unit will be deemed substantial improvements if the replace-
ment: is regLired by the nonoperative or deteriorated nature of the
original appliance, fixture, or equipment. The replacement must be of
comparative value. The one (1) percent minimum expenditure requirement
will not apply to such replacements. No adjustment shall be made for the
value of any improvements unless the owner shall present to the City valid
written documentation of the cost of said improvements. The value of
such improvements and the amount by which the sales price shall be
adjusted shall be the appraised market value of the improvements when
considered as additions or fixtures to the premises (i.e., the amount by
which said improvements enhance the market value of the premises) at the
time of sale. City* or its designee shall have an appraisal made by an
appraiser of its choice to establish the market value. The owner may also
have an appraisal made by an appraiser of owner's choice to establish
the market value. If agreement cannot be reached, the average of the two
appraisals shall be termed the market price.
In all sales, the sales price, fixed as designated above, shall be recorded
clearly as a part of the deed transferring ownership.
Upon. resale, an inspection of the Premises will be made by the Chief Building
Inspector of the Cite of Cupertino. Damage done to the premises as a result of the
selling owner's failure to adequately maintain the premises will be identified by said
inspector an, the cost to repair them will be estimated. The seller has the option,
exercisable prior to the close of escrow of either repairing the identified damaged
conditions and receiving the full sale price as established above or having the cost
to repair the identified damaged conditions deducted from the proceeds of the sale.
Those funds would remain in escrow and guarantee that the repairs be made.
In no event stall Cite become in any way liable to Grantee, nor become obligated
in any manner, by reason of the assignment of its option to purchase, nor shall City
be in anv. .;av obligated or liable to Grantee for any failure of City's assignee
G1763, 16
to consummate a purchase of the Premises or to comply with the terms of any sale
agree=ent.
Until such time as the City's option to purchase is exercised, waived or
expires, said Premises and any interest in title thereto shall not be sold, leased,
rented, assigned or otherwise transferred to any person or entity except with the
express written consent of the City or its designee, which consent shall be consistent
with the City's goal of creating, preserving, maintaining, and protecting housing in
Cupertino for persons of low and moderate income.
in the event that Citv abandons or fails to exercise its option to Purchase
said Premises within sixty (60) days after it receives the notice of intent to sell,
City will cause to be recorded in Santa Clara County a notice of intent not to exercise
its option with respect to said Premises, and declaring that the provisions of this option
are no longer applicable to said Premises, and shall deliver a copy thereof to owner
of said Premises. Said notice shall be recorded within fifteen (15) days of City's
decision not to exercise its -option, but no later than sixty (60) days after City
receives the notice of intent to sell. Upon recordation of said notice, the provisions
of phis option shall no longer be applicable to said Premises.
7ne following transfers of title or any interest therein are not subject to the
option arovisons of this deed; Transfers by gift, devise or inheritance to grantee's
snc-se or issue; transfers of title to spouse as part of divorce or dissolution
proceedings; accuisition of title or interest therein in conjunction with marriage;
pro: -iced, however, that these covenants shall continue to run with the title to said
Pre-ises fe_lowing said transfers.
'he provisions set forth in this deed relating to City's option to purchase shall
ter-inz_e and become void automatically fifty (50) years following the date of recordation
o. ::I s deet unless extended in writing for one additional fifty (50) year period at the
10 — Io.
Y''
oot_on of the C --'t%, and the same shall constitute covenants which shall run with the
lar., and be bending upon grantee(s) and successors and assignee, and all parties
ha•j ir.g or aza-,:i:ing any right, title or interest in or to any part of the property.
Any attemnt to transfer title or any interest therein in violation of these covenants
shall be vcid.
Grantee covenants to cause to be filed for record in the Office of the Recorder
of the County o: Santa Clara a request for a copy of any notice of default and of any
notice of sale under any deed of trust or mortgage with power of sale encumbering said
Unit pursuant to Section 2924(b) of the Civil Code of the State of California. Such
recuest shall specify that any such notice shall be mailed to the City Manager, City of
Curartino, 103CD Torre Avenue, Cupertino, California, 95014. In the event grantee
fails to give such notice to City, all surplus to which grantee may be entitled
pursuant to Section 727 of the Code of Civil Procedure of the State of California
shall be paid to City. If grantee gives nroper notice, any surplus to which grantee
uLav be entitled pursuant to Code of Civil Procedure Section 727 shall be paid as
follows: Taal portion of surplus (after payment of encumbrances ) , if any, up to,
but not to exceed, the net amount that grantee would have received after payment of
encurbran ces urer the formula set forth above had City exercised its option to
purchase tree -Droperty on the date of the foreclosure sale, shall be paid to grantee
on the date of the foreclosure sale: the balance of surplus, if any, shall be paid
to the
Ir the event t: at the Unit is destroyed and insurance proceeds are distributed
to 2ra:.tee ir_stead of being used to rebuild, or in the event of condemnation, if
r,rccee,s t:.erecf are distributed to grantee, or in the event of termination of the
co-dcr:ini �, liqui,atien of the association and distribution of the assets of the
a_:ociztio-. to the me -tubers thereof, including grantee, any surplus of proceeds so
cistri�u-e, re_ain_ng after payment of encumbrances on said Unit shall be distributed
-11- ��
/t'`r ,
as :ollows: That portion of the surplus up to but not to exceed the net amount that
grantee would have received under the formula set forth above had City exercised its
option to purchase the property on the date of the destruction, condemnation
evaluation tate, or liquidation, shall be distributed to grantee, and the balance of
such surplus, if any, shall be distributed to the City.
All notices recuired herein shall be sent to the following addresses:
Citv.
Citv l:azaoer
Declarant Purchaser
City of Cupertino
1030 Torre Avenue
Cupertino, CA 95014
BY ACCEPTANCE of this deed, grantee accepts and agrees to be bound by the covenants
contained herein.
- 12 -
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
14ITNESS my hand and official seal.
:otary Public in and for the County
of Santa Clara, State of California
----------------------------------------------------------------------------
COiUOR_-1TI0'; ACK O'LEDGE`fENT
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On March 5 , 19 81 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
J. A. Catapano
, known to me
to be the Senior Vice President of Far West Savings , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
eoeeeee000O0deoee4ee1"D"&*
emy
OFFICIAL SEALJAN T. MARTINNOTARY PUBLIC - CALIFORNIAORANGE COUNTY
Commission Expires May 18,1981
000eeooeeoseooeoes,oao+oe000000
Note Public
in and
for
the County
of Orange,
State
of
California
RETURN TO CITY
OF CUPSRTINO
10300 l'ORRE AVE.
CUPERTINO, CA 95014
RESOLUTION NO. 5631
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTING._.
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF'<:..�.::
NO. 6713 LOCATED AT THE SOUTHWEST CORNER OF STEVENSI;RE
BOULEVARD AND FINCH AVENUE; DEVELOPER, FAR WEST SAVINGS;
ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL
MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF
AGREEMENT IN CONNECTION THEREWITH
7095 04
Lt,,d
V I 't
i - 1 !✓ ?
WHEREAS, there has been presented to the City Council for approval
and for authorization to record final map of Tract No. 6713 located at the
southwest corner of Stevens Creek Boulevard and Finch Avenue showing certain
avenues, drives, places, and roads by Far West Savings; and
WHEREAS, there has been presented to the City Council a proposed agreement
for the construction of streets, curbs, and gutters, and for other improvements,
and good and sufficient bonds, fees, and deposits as set forth in Exhibit
"A" having been presented for the faithful performance of said work and
the carrying out of said agreement; and said map, agreement, and bonds =REC.FE
having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said final map and improvement plans.of Tract 6713, be and the same
are hereby approved.
b. The offer of dedication for roadway and for easements is hereby ac-
cepted.
C. The City Engineer and the City Clerk are hereby authorized to sign
said final map.
d. The City Engineer is hereby authorized to sign the improvement plans.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
N11CR0
LIEN
SIVIPF
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of May 1981 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks THIS 15 TO CERTTT'PY THAT THE WITHIN
INSTRUMENT I A T'R'UE AND'CQF2RWIT IN
ME THE ClRI[31.! r 'N FILE. LI' THIS OFFICE.
NOES: Done
ATPEBT
ABSENT: Rogers CITY. CLE F i HE CITY OF
r-JRERTINI3
ABSTAIN: None BY
ATTEST APPROVED:
/s/ D'10ooth Cornelius %
Y /s/ Reed Sparks
City Clerk Mayor, City of Cupertino
Resolution No. 5631
EXHIBIT "A" r
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT Tract No. 6713
Far West Savings
LOCATION Southwest corner of Stevens Creek Blvd. and Finch Avenue
Part A.
Faithful Performance Bond:
On -Site
- Sixty Thousand Dollars
$
60,000.00
Off -Site
- One Hundred Thirteen Thousand Dollars
113,000.00
Common -
Sixty -Nine Thousand Dollars
69,000.00
Part B.
Labor and Material Bond:
On -Site
- Sixty Thousand Dollars
$
60,000.00
Off -Site
- One Hundred Thirteen Thousand Dollars
113,000.00
Common -
Sixty -Nine Thousand Dollars
69,000.00
Part C.
Checking and Inspection Fee:
Off -Site
- Five Thousand Dollars
$
5,000.00
On -Site
- Five Thousand Six Hundred Fifty Dollars
6,0.00
Common -
N/A
'
Part D.
Indirect City Expenses:
One Thousand Five Hundred Ninety -Seven Dollars
$
1,597.00
Part E.
Map Filing Fee:
One Hundred Two Dollars
$
202.00
Part F.
Development Maintenance Deposit:
Five Hundred Dollars
$
500.00
Part G.
Storm Drainage Fee:
Four Thousand One Hundred Fifty Dollars
$
4,150.00
Part H.
One Year Power Cost:
Seventy -Two Dollars
$
72.00
Part I.
Street Trees:
By
Developer
Part J. Park Fees:
Thirty Eight Thousand Eight Hundred Eighty Dollars $ 38,880.00
Part K. Water Main Extension Deposit: N/A
STORM DRAIN REIMBURSEMENT AGREEMENT
This AGREEMENT, made and entered into this 14th day of October ,
1981, by and between Far West Savings and Loan Association, hereinafter called
DEVELOPER, and the City of Cupertino, hereinafter called CITY.
WITNESSETH
WHEREAS, the DEVELOPER has installed master storm drain work along
Finch Avenue, and
WHEREAS, the CITY will reimburse the DEVELOPER for master storm drain
work in accordance with the reimbursement rates established by the City Council
in Resolution 4422, and
WHEREAS, George S. Nolte and Associates has certified the "As Built"
quantities as shown below, and
WHEREAS, the unit prices shown herein are those outlined in Resolution 4422:
Quantity Unit Price
1. 524 lineal feet, 21 inch diameter and R.C.P. $ 18.00
2. 3 each manholes $600.00
Therefore, the reimbursement due the DEVELOPER is established as follows:
$ 9,432•.00 21 inch diameter pipe
$ 1,800.00 Manholes
$11,232.00 Total Reimbursement
Now, Therefore be it resolved that the CITY shall pay the amount shown
herein above within thirty (30) days from the date of City Council acceptance of
the Project.
Approved as to Foym:
Cites Attorney
CITY OF CUPERTINO
Mayo'L
IIJ10
Ci y Clerk
DEVELOPER
FAR WEST SAVINGS AND LOAN ASSOCIATION
By 'J. A. CATAPANO
-�' 4 el /..",
Title Senior Vice President
STATE OF CALIFORNIA )
1. ) ss.
COUNTY OF SANTA CLARA)
On , 19_, before me, the undersigned, a
Notary Public in and for'said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
SS.
On October 14 , 19 81 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
.T A ra apano , known to me
Far West Savings and
to be the Senior Vice President of Loan Association the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
f
Notary Public
OFFICIAL SEAL
DEBRA A. SCHMITZ
F
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires Nov, 29, i982 '�t
f
Notary Public
I
RESOLUTION NO. 5746
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF STORM DRAIN REIMBURSEMENT AGREE-
MENT BETWEEN THE CITY AND FAR WEST SAVINGS AND LOAN
ASSOCIATION; LOCATION, FINCH AVENUE
WHEREAS, there has been presented to the City Council a reimburse-
ment agreement by and between Far West Savings and Loan Association and
the City of Cupertino for the reimbursement of certain funds to Far West
Savings and Loan Association for construction of certain storm drainage
facilities, and said agreement having been approved by the Director of
Public Works;
- NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk
are hereby authorized to execute the agreement herein referred to in be-
half of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 2,,d day of NnvPmhPr 1981, by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plun
gy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Lucille Campagna-Blais.e /s/ Reed Sparks
Deputy City Clerk Mayor, City of Cupertino
A G R E E M E N T
This AGREEMENT, made and entered into this 17th day of
October , 19 83 , by and between the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter design-
ated as CITY, and SPIER - HAWK, INC., hereinafter designated as
DEVELOPER.
W I T N E S S E T H
WHEREAS said DEVELOPER desires to subdivide certain land within
the City of Cupertino in accordance with the map heretofore filed with
the City Council of the City of Cupertino, marked and designated Tract
6713, Cupertino California, hereinafter designated as the "Tract;" and
WHEREAS, said map shows certain courts, drives and roads which are
offered for dedication for public use; and
WHEREAS, said DEVELOPER desires to construct dwellings on the lots
in said "Tract;" and
WHEREAS, this Agreement assumes all obligations, duties and costs
of that certain agreement by and between the CITY and Far West
Savings, executed on March 5, 1981. All Council conditions and related
conditional approvals shall apply to DEVELOPER.
WHEREAS, CITY hereby approves the improvement plans and spec-
ifications prepared for the Tract by George Nolte and Associates, a•
true copy of said improvement plans and specifications are on file in
PAGE 1
the office of the City Engineer of Cupertino; and WHEREAS, the same
are incorporated herein by reference, the same as though set out in
full; now, therefore, said improvement plans and specifications shall
be hereinafter called the "Plans," and the work to be done under the
Plans shall be called the "Work."
WHEREAS, pursuant
to the
provisions
of
this
AGREEMENT,
the
CITY
hereby established the
amount
of bond,
fees
and
deposit as
set
forth
in the following schedule.
SCHEDULE OF BONDS, FEES AND DEPOSITS
Part A: Faithful Performance Bond:
On -Site
- Sixty Thousand and no/100 Dollars
$ 60,000.00
Off -Site
- One Hundred Thirteen Thousand Dollars
113,000.00
Common -
Sixty -Nine Thousand Dollars
69,000.00
Part B.
Labor and Material Bond:
On -Site
- Sixty Thousand and no/100 Dollars
$ 60,000.00
Off -Site
- One Hundred Thirteen Thousand Dollars
113,000.00
Common -
Sixty -Nine Thousand Dollars
69,000.00
Part C.
Checking and Inspection Fee:
Part
On -Site -
Five Thousand Six Hundred Dollars
$ 5,600.00
Off -Site
- Five Thousand Dollars
5,000.00
Common -
N/A
$
Part D. Indirect City Expenses:
One Thousand Five Hundred Ninety -Seven Dollars $ 1,597.00
Part E. Map Filing Fee:
Two Hundred Two Dollars $ 202.00
Part
F. Development Maintenance Deposit:
Five
Hundred Dollars
$
500.00
Part
G. Storm Drainage Fee:
Four
Thousand One. Hundred Fifty Dollars
$
4,150.00
Part
H. One Year Power Cost:
Seventy -Two Dollars
$
72.00
Part
I. Street Trees:
By
Developer
Part
J. Park Fees: Zone J-1
Thirty -Eight Thousand Eight Hundred Eighty Dollars
$
38,880.00
Part
K. Water Main Extension Deposit:
N/A _
PAGE 2
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. INSTALLATION OF WORK
It is agreed that in consideration of the approval of said map
and the acceptance on behalf of the public of the courts, drives and
roads offered for dedication,
(a) The DEVELOPER shall install and complete the Work within one
(1) year from the date of execution of the this AGREEMENT, or such
longer period as may be specifically authorized in writing by the City
Engineer. In the event the DEVELOPER fails or refuses to complete the
Work within the specified period of time, the CITY, at its sole op-
tion, shall be authorized to complete the Work in whatever manner the
CITY shall decide. In the event the CITY completes the work, the CITY
may recover any and all costs incurred thereby from the DEVELOPER or
the DEVELOPER's surety or both.
(b) The DEVELOPER shall install and complete the Work in a good
and workmanlike manner in accordance with the plans as approved by the
City Engineer of Cupertino. The Work shall be performed under the in-
spection and with the approval of the City Engineer. The Work shall be
done in accordance with existing ordinances and resolutions of the
City of Cupertino, and in accordance with all plans, specifications,
standards, sizes, lines and grades approved by the City Engineer. The
Work shall be done in accordance with all State and County Statutes
applicable thereto. The decision of the City Engineer shall be final
as to whether any material or workmanship meets the standards, spec-
ification, plans, sizes, lines and grades as set forth.
(c) It is further agreed that the Work shall be done in ac-
cordance with the most current Standard Specifications of the
Department of Public Works, California Department of Transportation,
State of California, and in accordance with the specifications of the
Cupertino Sanitary District where applicable. Wherever the words
"State" or "California Department of Transportation" are mentioned in
the State Specifications,it shall be considered as referring to the
City of Cupertino; also, wherever the "Director" or "Director of
Public Works" is mentioned, it shall be considered as referring to the
City Engineer.
In case of conflict between the State Specifications and the
specifications of the City of Cupertino and/or the Cupertino Sanitary
District, the specifications of the City of Cupertino and/or the Cu-
pertino Sanitary District shall take precedence over and be used in
lieu of such conflicting portions.
2. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of City of Cupertino by obtaining an ex-
cavation permit from the City Engineer before the commencement of any
excavation in, on, or under the surface of any existing public street,
X.
PAGE 3
lane alley, sidewalk, or other public place. It is further agreed that
the DEVELOPER shall notify the City Engineer of the exact date and
time when the proposed excavation is to commence.
3. QUITCLAIM DEED - UNDERGROUND WATER RIGHTS
It is further agreed that DEVELOPER shall quitclaim all his
rights and interests in, and shall grant to CITY authorization to
extract water from the underground strata lying beneath said Tract and
DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in
favor of CITY, when presented to him for signature.
4. BONDS
It is further agreed that prior to, or concurrent with, the ex-
ecution of this AGREEMENT, the DEVELOPER shall execute and deliver to
the City Engineer a faithful performance bond running to the CITY, as
obligee, and a labor and material bond running to the CITY and to all
contractors, subcontractors, laborers, material, men and other persons
referred to in Chapter 2, Title 4, Part 3 of the Code of Civil
Procedure of the State of California, as obligees, said performance
and labor and materials bonds shall each be in the amount as estab-
lished in the Schedule of Bonds, Fees, and Deposit as set forth herein
at Page 2 (Parts A and B) and shall conform with the provisions of
Resolution 1591 of the City Council of Cupertino. Said bonds shall be
in a form acceptable to the City Engineer and shall be approved by him
prior to or concurrent with the execution of this agreement by the
CITY.
5. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all neces-
sary direct expenses for inspection, checking, etc., incurred by CITY
in connection with said Tract, and that DEVELOPER shall have de-
posited with CITY, prior to execution of this AGREEMENT, the amount as
set forth herein at Page 2 (Part C). Should construction cost vary
materially from the estimate from which said sum is calculated, the
City Engineer shall notify DEVELOPER of any additional sum due and
owing as a result thereof
6. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expenses allocable to processing
this improvement, the amount as set forth herein at Page 2 (Part D)
7. MAP FILING FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AGREEMENT, for office checking of final map
and field checking of street monuments, in compliance with Section 4:1
of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at Page 2 (Part E).
PAGE 4
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount set forth herein at
Page 2 (Part E) as a development maintenance deposit to insure proper
dust control and cleaning during the construction period. The de-
velopment maintenance deposit may be utilized for repairs of defects
and imperfections arising out of or due to faulty workmanship and/or
materials appearing in said work during the period until release of
the improvement bonds by the CITY. Should the DEVELOPER complete the
required repairs to the entire satisfaction of the CITY, the unused
balance will be returned after the release of the improvement bonds.
9. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge in
connection with said Project in accordance with the requirements es-
tablished in Resolution 4422, March 21, 1977 in the amount as set
forth herein at Page 2, (Part G).
10. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount as set forth herein
at Page 2 (Part H), which amount represents the power cost for street
lights for one year.
11. INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as
deemed appropriate by the City Engineer, plant street trees in
conformance with the standards of the City of Cupertino. Variety of
tree shall be selected from the City approved list
12. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees
and/or dedicate such land to the City, prior to execution, as is
required within "Park Dedication Ordinance" Number 602, 1972 and which
is further stipulated under Part J, Page 2 herein.
13. MAINTENANCE OF THE WORK
It is further agreed that the DEVELOPER shall maintain the Work
(a) for a period of one (1) year after acceptance of the Work by the
City Council of the City of Cupertino, or (b) until all deficiencies
in the Work are corrected to conform to the Plans and the CITY stan-
dards and specifications for the Work, whichever is the later to oc-
cur. The DEVELOPER shall, upon written notice thereof, immediately
repair or replace, without cost or obligation to the City of Cuper-
tino, and to the entire satisfaction of said CITY all defects and
imperfections arising out of or due to faulty workmanship and/or
materials appearing in said Work.
PAGE' 5
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY,
upon execution of this AGREEMENT, a letter from the Cupertino Sanitary
District stating that the DEVELOPER has entered into a separate
AGREEMENT with the said District to install sanitary sewers to serve
all lots within said Tract and stating that a bond to insure full and
faithful performance of the construction of the said sanitary sewers
and to insure maintenance of said sanitary sewer in conformance with
the provisions as, set forth in Paragraph No. 13 above, have been
filed.
15. BUSINESS AND PROFESSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions
of Section 11603, Article 8, Chapter 2 of the Business and Professions
Code, pertaining to special assessments or bonds, have ben complied
with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY,
upon execution of this AGREEMENT, a letter from the Central Fire Pro-
tection District of Santa Clara County, stating that the DEVELOPER has
entered into an AGREEMENT with said District to install fire hydrants
to serve said Tract and stating that all necessary fees have been
deposited with said District to insure installation and five (5) year
rental fee of said hydrants.
17. STREET LIGHTING - P. G. AND E. RATE SCHEDULE SHALL APPLY
It is further agreed that the DEVELOPER shall apply for the in-
stallation of electric power for street lighting at the earliest date
possible
18. P. G. AND E. AND P. T. and T.
It is further agreed that the DEVELOPER shall pay to Pacific Gas
and Electric Company and/pr to Pacific Telephone and Telegraph Company
any and all fees required for installation of overhead and/or. under-
ground wiring circuits to all electroliers within said Tract and any
and all fees required for undergrounding as provided in Ordinance No.
331 of CITY when DEVELOPER is notified by either the City Engineer or
the Pacific Gas and Electric Company and/or Pacific Telephone and
Telegraph Company that said fees are due and payable.
19. EASEMENTS AND RIGHT-OF-WAY
PAGE 6
It is further agreed that any easement and right-of-way necessary
for completion of the project shall be accquired by DEVELOPER at his
own expense. It is provided, however, that in the event emiment domain
proceedings are required by the CITY for the purpose of securing said
easement and right-of-way, that the DEVELOPER shall deposit with CITY
a sum covering the reasonable market value of the land proposed to be
taken and to be included in said sum shall be a reasonable allowance
for severance damages, if any. It is further provided that in addition
thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as
the CITY may require shall be deposited with CITY.
20. HOLD HARMLESS
It is further agreed that, commencing with the performance
of the Work by the DEVELOPER or his contractor and continuing until
the completion of the maintenance of the Work as provided in Paragraph
13 abobe, the DEVELOPER shall indemnify, hold harmless and defend the
CITY from and against any or all loss, cost, expense, damage or li-
ability, or claim thereof, occasioned by or in any way whatsoever
arising out of the performance or nonperformance of the Work or the
negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S
agents, employees and independent contractors.
21. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or shall
require any contractor engaged to perform the Work to take out, and
maintain at all times during the performance and maintenance or the
Work called for or required to be done hereunder, a policy of in-
surance naming CITY and members of the City Council of the City of
Cupertino, individually and collectively, and the officers, agents,
and employees of the CITY individually and collectively, as insured.
Said separate policy shall provide bodily injury and property damage
coverage to the foregoing named CITY and individuals covering all the
Work performed by, for, or on behalf of said Developer. Both bodily
injury and property damage insurance must be on an occurrence basis;
and said policy or policies shall provide that the coverage afforded
thereby shall be primary coverage to the full limit of liability
stated in the declarations, and if the CITY, its members of the City
Council, individually and collectively, and the officers, agents, and
employees of the CITY, individually and collectively, have other in-
surance against the loss covered by said policy or policies, that
other insurance shall be excess insurance only.
(a) Each of said policies of insurance shall provide coverage in
the following minimum amounts: for bodily injury, $100,000 each per-
son; $300,000 each occurrence; property damage, $50,000 on account of
any one occurrence with an aggregate limit of not less than $200,000.
(b) The DEVELOPER shall file with the City Engineer at or prior
to the time of execution of this AGREEMENT by the DEVELOPER such evi-
dence of said foregoing policy or policies of insurance as shall be.
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in cov-
Paqe 7
erage without giving the City Engineer at least ten (10) days advance
notice thereof.
(c) In the event that the project covered herein should be mu-
tually situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co -name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the City of Cupertino shall
equally apply to municipality and political subdivision.
22. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the City those
monies required to comply with "Policy on Water Main Extensions Work
and Deposits" dated 9/30/77. The deposit shall be held by the City
until said monies are needed to implement improvements outlined by the
Director of Public Works or improvements outlined within an adopted
Water Master Plan.
The amount shown herein at Part K, Page 2, shall be the full
amount due.
23. TERMS AND CONDITIONS
It is further agreed that the above named terms and conditions
for the said Tract, shall bind the heirs, successors, administrators,
or assigns of the DEVELOPER. The assignment of this AGREEMENT shall
not be made without approval by the City Council of said CITY.
IN WITNESS WHEREOF, said CITY has caused its name to be hereunto
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.
Approve as f
i
City Attorn
Notary Acknowledgment Required.
Page 8
CITY OF CUPERTINO
l
Mayor: _..
City Clerk:
DEVELOPER:
S t' i E
4
By:ea.
I-ArA_ ul k T -_r C,
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA)
On this day of
ss.
in the year of , before me
personally appeared
day of
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA)
On this day of
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
SS.
--�' +q
-
day of �r)
C
in the year of / i 9 `5 , before mejQ.,Ac,,\\ L, '3V
personally appeared Chas (C �� S Q L• CZ\� C ',�
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as president (or secretary)
or on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
OFFICIAL SEL \ Q C
BENDALL WORLEY ALLEN EN SR SR \moi
RP 4
m ; o NOTARY PUBLIC -CALIFORNIA Notary Public in and or the County
qr°wuN,P ' SANTA CLARA COUNTY of Santa Clara, State of California
i
My comm. exxp
res OCT 5, 1984
6/20/82
RESOLUTION NO. 6187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF IMPROVE-
MENT AGREEMENT SUBSTITUTING SPIER -HAWK, INC.
FOR FAR WEST SAVINGS AS DEVELOPER OF TRACT NO.
6713; SOUTHWEST CORNER OF STEVENS CREEK BOULEVARD
AND FINCH AVENUE
WHEREAS, there has been presented to the City Council a
proposed agreement between the City and Spier -Hawk, Inc.
for the installation of municipal improvements within Tract
No. 6713, at the southwest corner of Stevens Creek
Boulevard and Finch Avenue; and
WHEREAS, said agreement assumes all obligations,
duties, and costs of that certain agreement by and between
the City and Far West Savings, executed on March 5, 1981;
and
WHEREAS, all Council conditions and related conditional
approvals shall apply to Spier -Hawk, Inc.; and
WHEREAS, said proposed agreement has been approved by
,the Director of Public Works and the City Attorney;
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.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Cupertino this 17th day of October,
1983 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT;: None
ABSTAIN: None
APPROVED:
/s/ John J. Plungy, Jr.
Mayor, City of Cupertino
ATTEST:
City Clef