86-160 Vernon L. Shuper - Purchase of garage for demolition to acquire right-of-way fro street improvement Reso 6932AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of August 19861
by and between the CITY OF CUPERTINO, a municipal corporation of the State
of California, hereinafter designated as CITY, and
AWN1.4k ffi► CY a*
hereinafter designated as SHUPER.
W I T N E S S E T H
WHEREAS, the CITY IS widening Stevens Creek Boulevard, from Phar Lap
Drive to Carmen Road (Project 82-17); and
WHEREAS, SHUPER is the owner of real property, more particularly
described as A.P.N. 326-50-2 as shown on the attached Exhibit A, which
contains a garage structure which must be removed to complete the
widening;
NOW, THEREFORE, the parties agree as follows:
SHUPER AGREES:
1. To remove any and all property from the garage by August ] 1986,
so the CITY may demolish the structure.
2. To grant the CITY a right -of -entry for the purpose of demolishing
the structure and for the purpose of doing any necessary or lawful
act in connection with the demolition.
CITY AGREES:
1. To pay to SHUPER the sum of TWENTY-FIVE THOUSAND AND NO/100
DOLLARS ($25,000.00) for replacement of the garage.
2. To construct all street improvements and utilities on Carmen Road
that SHUPER would be obligated to install under City of Cupertino
Municipal Code Section 14.04.
1
Cupertino Agrees (continued)
3. To prepare the plans and specifications for the improvement of
Carmen Road.
4. To provide a storm drain stub at the southerly property line for
SHUPER'S on-site drainage.
5. To hire a contractor to do the demolition and to obtain all
Permits and inspection necessary to complete the demolition in
accordance with all applicable state laws, local ordinances and
building codes.
6. To save, keep, and hold harmless SHUPER from all damages, costs,
or expenses, in law or in equity, that may at the time arise or be
set up because of personal injury or damage to property sustained
by any person or persons by reason of or in the course of the
performance of said work, or by reason of any infringement or
alleged infringement of the patent rights of any person or
persons, firm or corporation in consequence of the use in, on, or
about said work, of any article or material supplied or installed
under this AGR�[T. Not withstanding the above, CITY shall,
wherever it is necessary, keep and maintain at its sole cost and
expense during the course of the operations under this AGR�,
such warnings, signs, and barriers as may be required to protect
the public. The provisions of the preceding sentence shall not
impose any liability upon SHUPER and are for the express benefit
of the general public.
7. To leave the site in a clean and level condition.
8. To repair any damage to SHUPER'S property which may occur during
demolition.
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BOOK PAGE
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ry 22216
CITY OF CUPERTIPlo
PUBLIC WOTKS
JUL 121995
RECEIVED
C`OMPfLEO
OF THE 'N CX)'YFORMANCE WITH SEC. C
E"EDTIVE REVENUE a TA .327
DATE• TAXATION COO
ALFRED ARCH 1,1983
E-CARLSON—ASSESSOFj
CITY AND SHUPER DO MUTUALLY AGREE AS FOLLOWS:
There shall be no additional compensation other than as specified
within this AGREEMENT.
VERNON L. SHUPER
ze
Approved as to-]
City Attorney
(Individual)
CITY OF CUPERTINO
4 Co
mafor
oy�
City Clerk
ANDREA CHAVEZ saV Col ml:.an R.,;;F; pls;
Name (Typed or Printed) (This area for official notarial see
5-167 (REV. 6-82)
3
STATE OF CALIFORNIA
SAN MATEO
SS.
COUNTY OF
On AUGUST 7, 1986
before me, the undersigned, a Notary Public
in and for said
State, personally appeared
,
T
VERNON
L. SHUPER
,personally
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known to me (or proved to me on the basis of satisfactory evidence.)
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to be the person whose name
TQ subscribed
to the within instrument and acknowledged that LIZ
c.
a
executed the same.
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WITNESS my hand and official seal.
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OFFICIAL SEAL
ANDREA
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nc
Signature ��
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—
$�i� i .f, r IFOLN. 4
ANDREA CHAVEZ saV Col ml:.an R.,;;F; pls;
Name (Typed or Printed) (This area for official notarial see
5-167 (REV. 6-82)
3
RESOiTJTION NO. 6932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY
AND VERNON L. SHUPER PROVIDING FOR THE REMOVAL OF A GARAGE
STRUCTURE IN CONJUNCTION WITH THE STREET WIDENING PROJECT
ON STEVENS CREEK BOULEVARD BETWEEN PHAR LAP AND CARMEN DRIVE
W1-E1REAS, the City of Cupertino is widening Stevens Creek Boulevard
from Phar Lap Drive to Carmen Road; and
WHEREAS, Vernon L. Shuper is the owner of real property which contains
a garage structure which must be removed to complete the widening; and
WHEREAS, there has been presented to the City Council a proposed
agreement between the City and Vernon L. Shuper providing for the removal
of said structure and remuneration thereof by the City, all as more
specifically outlined in the aforementioned agreement; and the provisions
of said agreement having been 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 authorizes the Mayor and the City Clerk to execute the
aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of August 1986 by the following
vote:
Vote Members of the Citv Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino