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82-013 Vallco Pkwy Maintenance of The Fountains on Wolfe RdRESOLUTION NO. 5866 A RESOLUTION OF THE CITY COUNCIL ,,£JF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND VALLCO PARK PROVIDING FOR THE M4~i;NTENANCE OF FOUNTAINS ON WOLFE ROAD BETWEEN VALLCO PARKWAY AND STATE ROUTE 280 WHEREAS, Vallco Park and the City of Cupertino desire to share the maintenance costs for the fountains on Wolfe Road between Vallco Parkway and State Route 280; and WHEREAS, there has been presented to the City Council an agreement setting forth the maintenance costs to be paid by each party, and the terms and provisions of said agreement have been approved by the Director of Public Works and the City Attorney. 'i NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the aforementioned agreement in behalf of the City of cu·pertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of May_ , 1982 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk APPROVED: /s/ Reed Sparks Mayor, City of Cupertino ATTEST ----~~ •• ·19 __ CITY CLER!<: OF THE [~iTY OF CUPERTINO rJY_, __ _ CITY CLE;:.!~<: A G R E E M E N T ,..._ THIS AGREEMENT, entered into 'by and between the CITY OF CUPERTINO, a ~~~ .. Municipal Corporation of the State of Californl~, herein called "Cupertino", and VALLCO PARK, herein called "Vallco11 ; W I ~ B E S S E T H WHEREAS, Vallco and the City desire to share the maintenance costs for the Wolfe Road Fountains between Vallco Parkway and State RoJ'te /1280; and WHEREAS; it is the desire of both parties to herein fix the maintenance costs paid by each; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree as follows: Vallco agrees: 1. To pay all costs for the ordinary daily maintenance, including all labor, parts, supplies and services. City agrees: 1. To pay all electrical energy costs to operate the fountains seventy (70) hours per week. 2. To pay all costs including parts and labor for REPLACEMENT of any components of the system including, but not limited to the following: pumps, lighting, and electrical controls. IT IS HEREBY AGREED between the parties that Vallco will notify the ... City when it is necessary to replace any component of the system. - 1 - STATE OF CALIFORNIA ) ss COUNTY OF SANTA CLARA) On this !.rJdctay of ?YJ~ in the year ·i £;;{before me, the undersigned, a Notary Public inand ~aid county and state, personally appeared J!!S'etr3'.'ol kooMnl, k:tmvon Lo me Lo be the Fi csidenl and' Walter P. Ward, known to me to be the Secretary of Vallco Park, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of Vallco Park, Ltd., the partnership that executed the same as such partner and that such partnership executed the same. Notary Public The City will have the option of having the work done or authorizing Vallco to do the work. IT IS HEREBY FURTHER AGREED between the parties that the City's costs as outlined in this AGREEMENT are to be taken f rSLm the Environmental Impact Fund. ~\.~ I . THIS AGREEMENT will remain in effect and full force until 1992. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by the City of Cupertino pursuant to Re~olution No. 5866 passed and adopted on the __ 1_7_t_h_. _______ day of __ M_a~y ________ , 1982. CITY OF CUPERTINO Approved as to form: By~~ Mayor ~ta-City Attorney By:·~~ City Clerk VALLCO PARK