Vallco Park Ltd. Public improvements 6-2-75 Reso 3940PLE;LSE RETURN 70:
r +" '
'�` pt� Cit -,r of Cupertinu � z ,�
1036)) •. or re A'lenue
C:up,.:rt;no, CA. 9501' ,.-•j
exp � � �•� p . 9 �� .•�
Tl -:is AGREEMENT Wade and entered into this �i� d., i
19 i5, by and between rhe CITY OF CC PERT INIQ ;i mu:.i. ipa
1 corporation of the State of California, hereinafter designated as CITY,
and VALLCO PARK, LTJ., a limited partnership, hereinafter designated as
DEVELOPER.
RECIT LS
A. on March 17, 1975, CITY DEVELOPER executed an i;anro%er.,-'nt
agreement, hereinafter designated the First Agreement, providing fcr ti,e
installation and completion of certain public improvements, bonded in -h=
total sum of 5970,041, as shown in Exhibit "U" thereto, which puhl?c i:mr-
provemen-_s bonded by a letter of ._relit, in that amount, date: March 14,
1975, issued hy r'ie `-n-'ted wll_.'ll Agrt-ement •ind lett,:r o7
cred.� are inco:poratc�d hertz.n aid ,..gid._ .- pr,rt 1;,,roof by refcren.u.
L'. CI'lY and DEVELOPER r_•oI,-1irr,_: tly the ruwith, on Marcn 17, 1975,
an agreement for the d,-furreG _:i Cc>i latit.Il anc' (ompletlOn Vi cert tin
p:ibii t. improvements, herein.::tt r dusi�;- ._I: d the Ee,C(,:.d A.2rei,ment , .i5 (:L•7'L:ribed
in }'ur�4raph 22, thereof, r;,'• .h :c�;ruer..0:._ ii r_, noI ;rt buea hundtd, ;incl i
incurnorated he re.irn and made a part
C. :! _ . a .d
provided.
:;0�:, "1'H:_RL.ORt:• 1'_ 1:. }IE}'�G'_ ;L:.Y :1(;i'!:._:, b and butwuue the partit•5
hereto as fol tows:
1. Fxhibit "li" of thc_• Fi:�,t heruinab,,vc• ru'_:rct•d Cu, i5
hereLy modified to read Lies shown in 4.rh:t:t 1, :ahi is attached i:erc-to and
;wade a part hereof by referun(•e.
2. Paragraph 22 of the Second Agreement hereinabove referred
to, is hereby modified to eliminate "c. 'funnel at Wolfe and perimeter road.",
a:nd ro include "b, e, i, k, 1, p of Resolution No. 1298, item 19".
3. DEVELOPER offers to dedicate the tunnel at Wolfe Road and
perimeter road. Said dedicated property shall be free and clear of all liens
or encumbrances except those which CITY shall expressly waive in writing.
DEVELOPER agrees not to rescind said offer of dedication, and to keep said
offer open until CITY accepts said offer by resolution. NEVERTHELESS, DEVELOPER
shall be responsible for the maintenance, upkeep and repair thereof, and for the
performance of any and all duties of CITY, as set forth in that certain Encroach-
ment Permit, No. 475-E-767964, issued to CITY by the State of California, Depart-
ment of Transportation, dated March 5, 1975, a copy of which is attached hereto,
marked Exhibit "2", and made a part hereof by reference. In connection with the
foregoing, DEVELOPER agrees to indemnity and save harmless CITY from any and all
claims, demands, actions, liability or loss arising fro-_ its failure to make the
dedica:.ion, to carry out it:, res,�onsjbilities, and to perform the duties of
CITY, all. as hereinabove described.
4. This agreement is conditioned upon the following:
a. Receipt by CITY of the written ,onsent of united Califcrnia
Bank to the modification to Exhibit "B" of the First Agreement hereinabove de-
scribed, as shown in Exhibit 1 attaches hereto.'
b. 'F,e filing by DEVELOPER with the City Clerk of CITY of an
additional bond or other security, as provided in Paragraph 5 of the First
Agreement hereinabove referred to, in the additional sum of $136,500.
: >
r?�
494 Pw144
N v5 tri.
C. rhe DEVELOPER shall provide to the CITY the additional
fees and dttposits required and outlined in Exhibit 3 attached and incor-
porated herein by this reference. The definitions and justification of said
fees and deposit.; are as outlined in said First Agreement, and the a -mounts
outlined in Exhibit 3 apply only to increase in the works as outlined and
modified herein.
d. The DEVELOPER alsoagrees to dep,)sit with the CITY a cash
deposit in the amount of $1,900 to cover the expenses of the State of
California, Transportation Department, to stripe and sign the off -ramp from
Highway 280 east -bound lanes. Said cash deposit is the estimated cost of the
work, however, the DEVELOPER agrees to provide additional monies in order to
fully pay all costs as determined and billed by the State of California,
Tiansportation Department. If a surplus exists the CITY shall refund said
excess money to the DEVELOPER.
5. This AGREEMENT shall bind the theirs, administrators, executors,
successors, assigns and transferees of DEVELOPER. It is agreed and understood
that this AGREEMENT shall be filed for record in the Office of the County
Recorder of the County of Santa Clara, State of California, and that the covenants
in this AGREEMENT shall run with the land, a descript'_on of which is contained in
Exhibit 4, which is attached hereto and made a part hereof by reference, and are
for t^e benefit of the other ]ands in the City of Cupertino.
'.-E
G)
40 B 484 nc,145
IPI WITNESS WHEREOF, said CITY has caused its nave to be hereunto
affixed by its Mayor and City Clerk, thereunto duly authoijzed by the City
Council and said DEVELOPER has hereunto caused his na:.ie to be affixed th=
day and year first above written.
Approved as to form:
City Attorney
U
CITY OF CUPERTINO
�y
Mayor
l�
( BY . �jytCl r
VALLCO PARK, LTD -
BV �7aIICU Park
BV
President
secretary
-4-
45;1
711 T 11
S c 11 p d u I c of yLl J! f u I I'(, r f r, rr.:a n c e and rl La 1) 0 c t r 1 L'onds:
Item No. Doscrint-i-on* Amount
lk,m 857,000
,
2. 3 0, 000
3.P 1iF's, 000
Irvin 20 15,000
97U,000
0c)
u,-1'-73)
jon ',,n. 328P, (6-
EXHIBIT 1
Item No.
1. a, m
2. All items deferred
3. g, h
4. Item 20
5. d -tunnel at Wolfe Road and perimeter road
To tri 1.
Resolution No. 1288, item 19 and 20.
$1,106,500.00
• RES(iLb": Lc,:: 484 °ac�l6'
F �N ✓
A RESOLUTION 01' TIIF CITY COUNCIL OF THE, CITY OF CUPERT1N0
AUTHORIZING EXL(;L'1'i0'4 OF AG1:1.1*EN :;d'I' I31i'!':.'r F.`7 THE CITY OF
CUPrRTIN0 Aill) VAI,'..CO I'ARK, l.'CD. :iODII-YIP1G EXIST. . DEVEL-
OPME'NT AGREEMENTS
LIIIF,REAS, Vallco Park, Ltd. desires to modify the previously
executed dc:velopment.agreements to allow for phasing of the improvements
within Vallco Park: and
01FREAS, the City desires to allow Vallco to proceed on a modified
schedule; and
WH EA"J'AS, a modified .ip,rcemenL nttached hereto, delineates and defines
the c;eanl;cs mutually a�,rued to by the City and Vallco Park, Ltd.;
NO1.7, THEir'EFURE, BE T1' RESULVrD that t:he :flavor and the City Clerk are
hercl)v r+utho:-ized Ln csek.utu :;ni.d modified ai;rc-munt !n behalf of the City
of Cuprr t ; no and h,eivo i t: rL•(!ordvd al;nins t L] ie land.
11AS�-i;]) A;:D AD(W'11'1) r:L a rc•l-,ular meeting; of thLr City C(1111cil Of the
City of C1;p(-rt 'no t h .. ---- 253- -- --day of _,.L11I1�-.� --- ' 197.'; , I`y
the f�i.; ..in,; t•.tc.
Vote :br r: of tllc: Cit Co::.ci'
AY1:.": Meyers, Nellis, Jackson
N01 `; : None
ARISE:] : Frolich, Sparks
ABSTAIN: None
AT1'3:`. T:
/s/ Wm. E. Ryder
City C 1 ,. �-1,------ -- --- - - - - --
AI'1'P.OVED :
s James E_ Jackson
Mayor, City of Culvert ilio