Loading...
88-034 Berland One, Deferred Undergrounding Agreement, Stevens Creek Blvd. & Pasadena Ave, Resolution No. 7344, . . , ~o FEE: IN ACCORDANCE: 9E68463 FILEOFOH RECORD AT REOUEST OF • WITH ROV GOOF. 6103 , , , j . tRstum to: r CiTY Or-CUPtRTijNO 10300 T OI'ft'0 Avenue Cupertino, CA 9:;014 NO FEE eC RESOLUTION NO. 7344 CITY OF CUPERTINO APR 2 S 10 S5 Atl 18S K 5 i iPliG£ 698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND BERLAND-ONE, Stephen R. Stern PROVIDING FOR THE UNDERGROUNDING OF UTILITIES ON A DEFERRED BASIS ALONG STEVENS CREEK BOULEVARD AND PASADENA AVENUE 'WHEREAS, Berland-One, Stephen R. Stern, hereinafter referred to as "Developer", desires to develop his property along Stevens Creek Boulevard and Pasadena Avenue; and WHEREAS, Developer wishes to defer the undergrounding of utility lines along Stevens Creek Boulevard and Pasadena Avenue; and WHEREAS, an agreement has been presented to the City Council providing for the deferred undergrounding of utility lines at the sole cost of the Developer all as more fully outlined in said agreement. NOW, THEREFORE BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. BE IT FURTHER RESOLVED that the City Clerk is authorized to file said agreement with the Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of October , 1987, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: ORiGINAL Members of the City Council Sparks, Gatto, Plungy, Johnson, Rogars None None None APPROVED: ,- K511PAGE 699 DEFERRED UNDERGROUNDING, AGREEMENT This is an agreement between the City of Cupertino, hereinafter referred to as CITY and BERLAND~ONE hereinafter referred to as DEVELOPER, made by and between the parties this 8th day of October , 19..:.8-,-7_ WHEREAS, DEVELOPER desires to develop the property described in Exhibit "A", attached and made a part hereof by reference, and wished to defer the under- grounding of utility lines fronting Stevens Creek Blvd. & Pasadena Ave; and WHEREAS, the DEVELOPER further agrees to perform at his sale cost all the work necessary to complete the undergrounding of said utility lines; and ~!EREAS, the costs for the undergrounding are reduced when the undergrounding is done in conjunction with other projects on and along the frontage of ____ _ Stevens Creek Blvd. & Pasadena Avenue ,; and ~~~~~~~~~~~~~~~~--------- WHEREAS, the City and the 'DEVELOPER jointly agree to defer the work until a larger project is organized. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, to wit: 1. Installation of Work The DEVELOPER 3hal1 install and complete the under grounding of said utility lines, in co;3unction with any project for undergrounding said utility lines on"9r fronting the properties on : Stevens 'Cre~k:B1vd, ,& Pasaden'a ,'Ave,' ' in Exhibi t "A", 2. Deferment adjacent t.o the ,above rnentioned,property described It is further agreed that the DEVELOPER sha1,1 furnish, construct, and install at his own expense upon six (6) month notice from the CITY, in which event the work of undergrounding said utilities must be completed within one (1) year thereafter, or no later than ten (10) years from the date of this agreement. ~6AJ~~Fo~ALlFWJ~~ I )ss. I K 5 i iPAGE 701 OnL..._ ..... {)~a.:..::f....::1/,jgJv· ;..:::,-""'--..:::....-_q-'--""~I'--..L.I_q'-'f'-7L--.,....-~ ____ =-. before me. the undersigned. a Notary Public in and for S~dS~t~peffion~~a~pe~~d~~~~~·~~~~/~l~~~~~=.~J~~~L=-~~~~~~~~~~~~~~~ personally known to me (or proved to me on the basis of satis- factory evidence) to be the person that executed the within Instrument as DttJte..JtL partner(s). on behalf of DrILl fllJlJ DilL. _-===================-_. the partnership therein named and acknowledged to me that the partnership executed it. :- WITNESS 2t:z OffiCia~'2t -_ .. Signature _ £1 ~/j! t4U lie OFFICIAL SEAL' ; ". ,;,~, " . CHRISTINE CLINK or • Notary PtbIlc-Califomia ~ SANTA ct.ARA COUNlY .- My 0IInm. ... AuG. 17. 1990 (This area for official notarial seal) I ~ .~ .. ,,:' .' • . ' • AG~EMENT -Page 2 K 5 i 1 PAGE 700 The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the, undergrounding of utilities 8S set forth herein under a joint cooperative \ plan, including the formation of a local improvement district, if' this r method is feasible, to secure the installation and construction of said undergrounding. 3. Successors -Run with Land This agreement shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and under- stood 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 description of which is contained in Exhibit "A" which is attached hereto and made a part hereof by reference, and are for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to the hereto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. lERN, President bas Homes, Inc. for bas Homes, Inc. as General Partner of Berland-One, CITY OF CUPERTINO: a California Limited Partnershi~R~~~~~±A~~~~~~ __ __ Ci y CIeX' !,.. 'r. !~t..~f:'---~)'Y . .l} Approved as to form: ", .' t~ 'pt"'·, :;~ r ~ 1 // v" , 1',1 f"\ ("1 -.... J ... ', VVVv,}'X ·..\"..1,.j....l 1 e,. ... .::;. d (, ') ""...j , j ~ ,...] "·~V:v.\I...J"'I 'CJ; .. ~,'~. • r . • " If • K511PllGE 702 EXHIBIT "A" All of that certainreal property situate in the City of Cupertino, State of California more particularly described in the following. Sections 1, 2, 3, 4 and 5 of that certain map "Subdivision No. 1 Town of Monta Vista", Volume p, Page 24.