Loading...
15-209 Hold Harmless Agreement, 19800 Vallco Parkway, Cupertino CA 95014, APN 316-20-108, Cupertino Property Development I, LLC.RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 Pages: 11 Fees.... *No Fees Taxes ... Copies .. ----AMT PAID REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of RDE l:t 026 11/20/2015 9: 10 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) HOLD HARMLESS AGREEMENT APN 316-20-108 19800 Vallco Parkway (Rosebowl), Cupertino, CA 95014 Cupertino Property Development I, LLC, a California limited liability company ~ Original D For Fast Endorsement RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupe1iino City Clerk's Office 10300 Torre Avenue Cupertino, CA 95014-3202 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §6103 Space above this line for Recorder's use. HOLD HARMLESS AGREEMENT APN 316-20-108 19800 Vallco Parkway (Rosebowl), Cupertino, CA 95014 Cupertino Property Development I, LLC, a California limited liability company, hereinafter referred to as the "OWNER", this '3 IJ day of 6c/-'bW , 2015, shall hereby hold harmless, defend and indemnify the City of Cupertino, a Municipal Corporation, hereinafter referred to as the "CITY", and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the OWNER'S use of that portion of the Public Pedestrian Easement that runs adjacent to the Northerly and Westerly property lines of Parcel 1, as shown on Tract Map #10044, filed for record in the Recorder's Office of the County of Santa Clara, State of California, the portion more specifically shown on the attached Exhibit "A". 1. This Hold Harmless Agreement shall bind the owner of Parcel 1 of Tract #10044 to indemnify and hold the City of Cupertino harmless of any liability associated with the use of the Public Pedestrian Easement. 2. OWNER and CITY hereby agree this Hold Harmless Agreement runs with the land and is binding on all subsequent occupants including but not limited to purchasers, heirs, successors, lessees and assignees and that this Hold Harmless Agreement will be recorded. OWNER must, at OWNER's sole cost and expense for the full term of this Agreement, obtain and maintain at least all of the following minimum insurance requirements prior to utilizing the Encroachment Permit under this Agreement. All policies shall be written in accordance with the laws of the State of California and providing coverage for any employees of OWNER: A. Comprehensive General Liability Policy Requirements a. OWNER shall maintain comprehensive general liability as follows: Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The policies are to contain, or be endorsed to contain, the following provisions: b. CITY, its officers, employees, agents and contractors are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of, OWNER. Including premises owned, leased or used by OWNER. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees;-agents and--cuntractors-. - c. OWNER's insurance coverage shall be primary insurance as respects CITY, its officers, employees, agents and contractors. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or contractors shall be excess of OWNER'S insurance and shall not contribute with it. d. Any failure to comply with reporting provisions of the policies by OWNER shall not affect coverage provided CITY, its officers, employees, agents, or contractors. B. Workers' Compensation and Employers' Liability Policy a. This policy shall provide coverage for Workers' Compensation b. This policy shall also provide coverage for $1,000,000 Employers' Liability. 3. The parties further agree that nothing contained herein shall affect the status of this property as right-of-way owned by the CITY. That this grant of permission does not constitute a deed, grant of an easement or of any other real property interest by CITY, and that the CITY has the right to require the OWNER to remove any and all private facilities located within the Public Pedestrian Easement at any time, at OWNER's expense at the discretion of the Director of Public Works. 2 4. This hold harmless agreement is issued in conjunction with and as a part of the Encroachment Permit issued by the City of Cupertino; entitled Department of Public Works Encroachment Permit Application attached hereto and incorporated herein by reference as Exhibit "B". IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNER: CUPERTINO PROPERTY DEVELOPMENT I, LLC A CALIFORNIA LIMITED LIABILITY COMPANY ~~--~~~-By~:====~::::::==~r:-~~:'.:::-=-=-==-~~~~~~~~~~~~~~~~~~~~~~·~~~~~ Name: lJJf.f/t()() 0611:\rJ Title: Ina H(f(J-<J· ~W ~-;i. fAw-A16P{ (notary acknowledgement attached) CITY OF CUPERTINO . -~----=>~~---= --By. .......-:::::::1_.___ ~ <---- Name: Timm Borden Title: Director of Public Works Ap1If as to Form _ 11AA A/\? ~ty Attorney v 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAJJ'11+ Cl-lf:(l-A ) ) before me, ~&~· _N_'f'_e.ft_o_/V_Y~T..~ .. _U_-_6_,.~N_o~T_lrfC:~t_f_Wf_t..._i_c:.__· _ I Date Here Insert Name and Title of the Officer personally appeared if:~-P~w~Pr~C~::_:~~~Cbf~ljft~N~--====================------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), _____ .octbe_entity-upon-bebalf-of-wbicb-the-pem;on(s)-acteci,executeci-tl"le-instFumeRt~. ----------------- Place Notary Seal Above 1 certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _~_,___,,,_.l"-"'-<-...,._~~___,_,.,_/__,f~,--+-L_._....fl£_~---=_....=~ ~Notary Public ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document j j Title or Type of Document: l..f'oL-1> {rtftf4'11L.:'G-S.,s. J(.{Jl.(f~vffi"ocument Date: / 0 ':$of1£ Number of Pages: -----Signer(s) Other Than Named Above: ~ ( 1 Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator LJ Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 5 &(vi f-.g Cf 4 r q ) on ,A/ove u-ik &.l 'krs-before me, (-<1rs-f..e_,,, l<.e-vi e c_ S-i, ua...rc 1'c,./ N"'~r ft1(, //( , Date Here Insert Name and Title of the Officer personally appeared ________ ---..1../__,_r _,_~.:.._;_;t"Vl'-'-'-----'~=--o_r;_,c/"'-'-_e-=.0..L-___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(M" whose name'8( j§/are subscribed to the within instrument and acknowledged to me that_!llUshe/they executed the same in ,l:!i§/her/their authorized capacity(~, and that by h[§Lher/their signaturejSJ on the instrument the person)sJ, or the entity upon behalf of which the person,M acted, executed the instrument. KIRSTEN RENEE SQUARCIA ~ Commission # 2080884 . ~ i -'-'!'> Notary Public -Calltornia ~ J Santa Clara County ?! • • ~ 0 0 4MJ 80JT·Jx£1zto2tJ-}~1~( Place Notary Seal Above I certify-under PENALTY OF PERJtJRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ Signature ~ ~~ wgnatU{e of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc~'}len) j A + Title or Type of Document: tf o /J /-/ttrwi ~s-S'Jrees;crument Date: Oc l 3 t>, 'l.--01, Number of Pages: 7 Signer(s) Other Than Named Above: F /!/ctr,;/ Cf,, q "'I 1 - Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partrler -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:---------------D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 I'. 1: J; !i i1 ii' I If " !! !I l!j ; if I: p d It ,, EXHIBIT A ~,;;: .. '"''''"''''~''"'"'o ,....... IV -~T ("~_:;;,, "'¥, '>\t'..'"-,...~ RETAIL A RETAILB LEGEND Iii PRIVATE ENCROACHMENT AREA ·--PROPERTY UNE ~ j c .. _ <( u 0 z >-<( :s: ~ a.:: <( D... 0 u ..... ..... <( > 0 0 c~ 19800 VALLCO PARKWAY, CUPERTINO, CA 1 j-, ' ! f-..;<' ' Department of Public Works Encroachment Permit Application CUPERTINO 10300 Torre Ave · Cupertino, CA 95014-3255 PH: (408) 777-3354 PERMIT# 'lOr']> FX: (408) 777-3333 Revised 9/2015 ltffJOO Vf.ll .. LC 0 PK kl y Location of Work ( 'PWt:srtctl!tv {I'1Sf P'!Ov7 fJlofJ(.r µof(Jf t i,.,.Jf>'TJ3uilding Permit# ·Type of Work: check all that apply 0 Sidewalk Cl Driveway Approach Cl Curb & Gutter 0 Street Light Cl Curb Ramp D Paving O Utility Trench 0 Monitoring Well [J Pool D Fiber Cable D News Rack ~ Other: U5G o F pox:strtlllru 6ASel11(tJf PERMITTEE: CONTRACTOR: CvP(!('fltfJD f,l'(}/J{'/1'( [}ft/f/of/f/f:f.J7 1 N/A Name; Name=-------~--------- Phone: -~-(i~D~S~· -~-4~3~·-l_e>_S~~~--·----24 hr.Contact: ____________ _ Start Date: 24 hr. Phone~· -------------- #of Working days:-----------Contractor's Uc. No.: ____________ _ City Business Uc. No.: --------- ATTACH THE FOLLOWING TO APPLICATION: 1) Written Description of Work 2) Engineer's Cost Estimate 3) Detailed Traffic Control Plan including plan of existing pavement delineation (traffic stripes, pavement markings, and pavement markers) and signs · 4) Project Plans and Specifications 5) Contractors Insurance Certificate (Insurance requirements listed on reverse) Permittee Signature: ---~"4-=~~1-------------Date: ______ _ Type of Bond 'J Cash 0 Paper ~ertlficate of Deposit {CITY USE ONLY) Permit Fee $ __ '2_.5 __ 3 ____ Bond $ Receipt#: ~ d. B S"C\ \o ~00. oCI Expiration Date: _·_. _"f"~B_'D ________ _ Bond Retention Schedule U µ 1fl.. {;IJ{,Zo/icf/t#J c fl.// /(C::t41o I/ r{) , Approved By: S:\u~D-£,.. C\ on '(\d)U.C---.-Date: \\\?I io \S Inspected By: Date: SEE REVERSE FOR PERMIT CONDITIONS SPECIAL CONDITIONS Ci Work hours limited to Monday-Friday: [J 7:00a.m. D B:OOa.m. to CJ Work hours In pavement limited to: [] 8:00 a.m. [] 9:00 a.m. to CJ Any violation of working hours shall result in "STOP WORK" notice ["j Two lanes of traffic to be maintained at all times Cl Permanent paving must be Installed WITHINS WORKING DAYS after completion D Pavement delineation or signs damaged during construction shall be replaced In kind IZJ Pavment section shall match existing 0 Slurry Seal is required to match existing pavement O All Trenching shall be backfilled to a minimum of 95% relative oompactlon D 4:30 p.m Cl 3:30 p.m. O Trench plates In the travel way shall be traffic rated, properly secured and shall be recessed upon request CJ If trench is 3' or less from Lip of Gutter, contractor shall repave to Lip of Gutter. Cl 6:oop.m. D 4:30p.m. [] Jobsite shall be properly posted 48 hours in advance, Barricades must bear the name and phone number (24 hour number) of the contractor or utility performing work. Ali signs attached to barricades must show the days and dates when work will be performed. Parking may not be restricted on Saturday or Sunday. Cl BMP Sheet Attached [] Potholes and bore pits shall be filled to grade with cutback at end of each work day: c.11 /I Affe) 0 /-----(f/Jj-{:s-;fl-£-ctf()<-;tlf!:,-t.-r.-Pis:f'fr!l-f--Fo-f!'--Pt'-1w1-~~-,--r1~/G-/-'f/-{-5-· -1?V-1.,-r-()-ab -E----1 ~Other t:t45cAt'(l)'f. f/!Clf~!<7Y owµf(t H(j-;r tZt!i#l)Vf! 4t.t.. ?/II Vfl.1~ rflrtl/7t(-5 /tJ tfl:i~P"lr:N'J fl/(tA f)f' ))15U?<1rotv a,: fvt3L.1t.. wo;?Kj P1Rr:-c1of?. General Conditions ----- 1) The Public Works Inspector of the City of Cupertino, (408) 777-3104, shall be notified at least 48 hours prior to beginning work in the public Right-of-Way or requesting inspection of work. After the work is completed, notify the Public Works Inspector to schedule a final inspection. 2) A copy of this permit must be kept on the job site. 3) The applicant shall notify County Communications, (408) 299-2501, at least 24 hours prior to any work in the traveled way section of a street. 4) Permittee shall employ coi;istruction best management practices which will prevent pollutants such as mud, silt, chemical residue, and washings from concrete saw-cutting from entering storm drains. Brochures are available at the Public Works counter. 5) The applicant agrees that if the encroaclunent for which this permit is issued whicl1 shall at any time in the future interfere with the use, repair, improvement, widening, or change of grade of any sh·eet, roadway, highway, sidewalk, curb, drain, or Right-of-Way, applicant or his successor or assigns, shall within 14 days after receipt of written notice from the Director of Public Works to do so, at its own expense either remove such encroachment subject to appmval from the Director, 01· relocate to a site which may be designated by the Director. Any encroachment removed by the City will not be replaced. 6) It is further agreed that, commencing with the performance of the Work by the Permittee or his contractor and continuh1g until the completion of the maintenance of the Work, the Permittee shall indemnify, hold harmless and defend the City from and agah1St any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arishtg out of the performance or nonperfo1mance of the Work or the negligence or willful misconduct of the Permittee or the Permittee's agents, employees and independent contractors, except to the extent any of the foregoing is caused by the sole negligence or willfull misconduct of the City or the City's agents, employees and independent contractors. 7) Should the Permittee provide services which are subject to the City's Franchise ordinance, Permittee agrees to pay any applicable City franchise fee. 8) This encroaclunent permit shall be terminable at the sole discretion of the City upon 30 days written notice to the Permittee. 9) The applicant's contractor shall carry at all times commercial general liability insurance with a combined single limit 0£$1.0 million per occurrence; $2.0 million aggregate; and provide a Certificate of Insurance and Endorsement naming the City as Additional Insured. Insurers must be licensed to do business within the State of California and have a current Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City, 10) All work wil:hln the public Right of Way must be completed by a contractor who holds a current Class A or appropriate Class C license and a current City of Cupertino business license. 11) Permittee and Contractor shall comply with Chapter 11.32 of the Cupertino Municipal Code "Truck Traffic Routes". No person shall operate or drive any truck that exceeds a gross weight of three tons between the hours of 7:00 a.m and 9:30 am or 2:00 p;m and 4:00 p.m. on the following roadway segments: a) any roadway which runs contiguous to and is within 500 feet of any public school (excluding Homeasted Rd and Bollinger Rd) b) McClellan Road, between Stelling Road and Bubb Road. VERIFICATION I have reviewed this Hold Harmless Agreement and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the l01h day of November, at Cupertino, California ~~~~ Kirsten Squarcia Deputy City Clerk