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88-028 Chua Lin, Encroachment Permit, Resolution No. 7478! .' i> ' r' ) "r-" ,. ,,. 0 ," [ . , 1N0 FEE IN ACCORDANCE WITH 60V CODE 610S R~turn to: ,City of Cupertino .,10300 Torre Avenue "€upertino. CA 95014 NO FLE AGREEMENT REGARDING ENCROACHI,IENT PERMIT 9982648 K 823PAGf20 O~ -of!,. This Agreement made and entered into this Z~ day of Nov 1987, by and between the City of Cupertino, a municipal corporation of the State of California, hereafter designated as City, -and CWA LI"-l , hereafter designated as Owner. WIT N E SSE T H WHEREAS, Owner is the owner of certain real property known as 22213 &UlI!)T~/,Jo CT., APN No. more particularly described as: ALL of Section 97 as designated "Map of Point, Monta Vista", recorded in Map Book Santa Clara County Records. Pl.at Attaclled· Inspiration "P" at page 18, .." '" (/)' , 'i;;" ~ --.,... l" d % "'" :::i ~ -...., ~,~ -:2 ·0 0:> r-".. _ u:::> z '" " ... ",... C> ~f9C'~ ~ ~ 9-~ c..D "r'I. g:re, 0'\ " m "'" ;II ~ 1'\;<> ..p. :;;, ;n 111 w ~, (}l (Tl r:D C' 7. 1>'"..... ':3.\ -4" , .., \!. o,,:s:: ~"n .:::1 (<1"'00 _ ' •• ~oo WHEREAS, the City is the owner of a right-of~~ _ ~o which runs over Owner's real property and which is ~~d~ ~ by the City for future roadway purposes parallel to tfle existing Stevens Creek Boulevard. Said City's right-of-way is delineated in a Tract Map, a copy of which is attached to this Agreement, and WHEREAS, City has no present use for said right-of-way it owns and and Owner wishes to utilize said right-oi-way on a temporary basis, and WHEREAS, Owner has made application to City for an encroachment permit to construct and maintain certain temporary improvements within said right-of-way and City wishes to allow Owner to utilize said right-oi-way on a temporary basis, but also wishes to retain the right to utilize the right-of-way for roadway purposes in the future. NOW, THEREFORE, it is hereby agreed between the parties as follows: 1. The City agrees to issue its standard encroach- ment permit to Owner to construct and maintain temporary improvements under the conditions and restrictions con- tained herein. OHiGINAL 1 , . , , ~823p[;GE2004 2. All improvements constructed or maintained by Owner on City's right-of-way shall be temporary in nature (e.g., fences, decks.) No permanent structures including, but not limited to, buildings, swimming pools, sidel'lalks, or tennis courts shall be permitted. 3. No improvements of any type shall be construct- ed or maintained closer than ten (10) feet from the top of any slope which overlooks Stevens Creek Boulevard. 4. During the term of said encroachment, Ovmer shall hold City harmless from any claim made by any person, including Owner, for personal injury or property damage resulting from the Owner's use of said right-of-way including, but not limited to, claims resulting from land subsidence, earthquake, avulsion, accretion, erosion, flooding, or other dangerous condition. Owner agrees that in the event of any claim by any third party is made against City regarding Owner's use of said right-of-way, Owner shall indemnify and defend City with respect to said claim. 6. Owner agrees to add City as an additional insured on its homeowner's liability policy which shall be for a face amount of at least $ 1.000.000.00 and shall provide City with a copy of said policy together with all endorsements thereon. Owner agrees to maintain liability insurance in said face amount with City as an additional insured during the entire period of the encroachment permit. 7. Said encroachment permit may be revoked by City at any time for any reason upon 30 days written notice. Upon receiving notice of revocation issued by City, Owner shall, at its sole cost and expense, remove all improvements within the City's right-of-way. If Owner fails to remove said improvements within the 30 day notice period, City may enter Owner's property and remove said improvements and bring civil action against the Owner for recovery of its costs of removal. In the event that such a civil action is brought to recover costs of removal, City may recover its legal costs including reasonable attorney's fees from Owner or Owner's successor-in-interest. 8. This Agreement binds the parties, their heirs, administrators, executors, successors, assigns, and their successors in interest. This Agreement is intended to be a covenant running with the land of the Owners and shall be recorded in the Office of the County Recorder of the county of Santa Clara, State of California. 2 r-;:~::"f"""':"':C"")4"""'L";"~""O"".R.."'C~p(""'";'"":f3-~c_c_c--~o~n-l-h-iS-;-h:~'-;-lj-Iif~da-y-O-f--tLa--.~fLQZl1--~ ~~eJe;.------~~;z. before me. SIJ.f:LrB CLf/f<.fI} 55. ,flfL-e-;v K, YI'9z-e£ County of the undersigned Notary Public, personally appeared !' ~! • 1= E IPftjj~.~~~~/lIC!l_D personally known to me e "it ~ t3 OFFICIAL SEAU ~ proved 10 me on the basis of satisfactory evidence ~,~ g Nor H£LEN 1(, YATES 10 be Ihe person(s) whose name(s) 1ft;: subscribed 10 the GlI,II ~:1~~=~t jWilhinlnstrumenl,andacknOWledgedth~ /Ie-executedH. ~ j . CDmmltslon &pim May 10, 1991 ~ WITNESS my hand and ollieial seal. ~~~~~/lIC!lQ:0/l1C!lQ:0& I14-v £. ~ Notary's Signature? GENERI\L ACKNOWLEDGMENT FOAM 11l0OSZ ,. • . , J • • K823PAGF2005 IN WITNESS WHEREOF, 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 Owner has hereunto caused his name t.o be affixed the day and year first above written •. ,,(,)~, " {.~;i.~:;rf;:$i.%:~­ CITY OF CUPERT'IN0"~ . 'J~~,,:":jli:.~·'~'~w ~ " ;t." ~~r";;. r "7ct~~~;'/ ,.....r..l\tJ ;--""~c-';l1!.~~tr">·· ~t " ., , :-' .". , ~I")"{;" .' .. ",5''" By: All signatures require notary acknowledgment. 3 • > ~- '. • ,J / / \ , \ ) ,f' 514 AC. NET \ \ \ \ \ \ \\ :~ \ .<l--.... '. :--....,. ". ~" , K 823PAGE2006 I , " l 70 2;;: <. "I lOOZ ... ~ 63 II , GJ 11 .LANDS· OF J;CI;N-=--' • , K823PAGE2007 RESOWl'ION NO. 7478 A .'RESOWl'ION OF 'lllE crr':l a:xJNCIL OF 'lllE crr':l OF ClJFERI'INO AIJ'IHORIZm:; EXECUI'ION "1\GREEMEN'.r REXiAlIDm:; ENcmAOlMENT PERMlT" BE'IWEEN'lllE crr':l AND aruA LIN :roR'lllE ENcmAOlMENT INl'O crr':l FroP.ERl'1 :roR TEHOORARY USE -S'lEVENS CREEK roJI:EV'Al<D WHEREAS, the city of CUpertino is the Cl'Nl1er of a right-of-way, which is held for future roadway p.u:poses parallel to the existin;r stevens Creek Boulevard, which right-of-way is adjacent: to the property of Chua Lin, hereafter designated as "OI4ner"; an:l WHEREAS, CMner has applied to the city for the use of the aforementioned right-of-way or! a ten'p:lrary basis; an:l WHEREAS, there has been presented to the city council an "1\greement Regal:din;,t Encroac:hnYant Permit", an:l the terrnsan:l conditions of said agreeroont haV:\.n;J been approved by the Director of l\Jblic Works an:l the ~ity Att:omey: NCM, 'IHE:REFORE BE IT RESOLVED, that the city COO:ncilof the city of OJpert:i.no hereby appt"Oll'es the ag!eE!Ilalt an:l authorizes the Mayor an:l the . City Clerk to execute said agreeusut in behalf of the City of OJpertino. BE IT FURIHER RESOLVED that said a~ shall be recorded with the COUnty Reoorder's office. PASSED AND ADOPl'ED at a City of OJpert:i.no this 2nd follcw:\.n;J vote: regular ~ of the City Council of the day of May , 1988, by the vote AYES: Members of the city Cgmcil Johnson, Koppel, Plungy, Rogers, Gatto NAYS: None ABSENT: None AESTAlN: None ATI'FSI': .' lsi Dorothy Cornelius lsi John M. Gatto City Clerk Mayor, City, of CUpertino -,-----_ .. _-----_._---