Loading...
89-146 YMCA Deferred Undergrounding Agreement Reso. 7899 0231970 r n Li N,0 FF-EE IN AcCCr®ANCE ull f, GOREY rn,re. r P� b" il 0 103LED F. VE y 0, U, WITH 60V CODE 13 `-.Ai REQUEST OF 3 0 C 95014 0j AuG 59 an 'NO FEE ' T", 0FFj,0AL RECORQV7 SAIN'rA WF,,"s 0'01JNTy RESOT-UrION NO. 7899 LAURIE K Pi I�E. L 0—71' E 57 A,RES0=CK OF THE CITY COUNCIL OF THE CITY OF CUPE=40 AUTHORIZING EXE(=ON OF AGREE BETWEEN ME CITY AND YOUNG 14M IS CHRISTIAN ASSOCIATION OF SANnk CZARA VALLEY PROVIDING FOR THE LVEERGROUNDING OF LITILITTES ON A DEFERRED BASIS Young Men's Christian Association of Santa Clara Valley a non-profit corporation, hereinafter referred to as "Developer", desires to develop property on Alves Drive; and VMMAS, 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 df the City of Cupertino BE IT RMMM RESOLVED that the City Clerk is authorized to file said agreement with Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of cupertino.thiS 7th day of August 1989, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Koppel,. Rogers, Flungy NOES: None ABSENT: None ABSTA324: None ATIEST: APPROVED: Isl Dorothy Cornelius Isl John J. Plungy, Jr. City Clerk Mayor, City of Cupertino . THIS IS TO CERTIFY T ".THIN P F,;-:C T C 0 P'y INSTRUMENT IS ATRUE AND 01) -E:. OF THE ORIGINAL [IN FILE IN THIS,OFFIr ATTEST -19 G U P E R T I NO '01TY CLE 0 THE CITY OF' AL E3 CITY CLERK') 4 i L071PAGE1558 DEFERRED UNDERGROUNDING AGREEMENT This is an agreement between the City of Cupertino, hereinafter referred to YOUNG MEN'S CHRISTIAN ASSOC. OF SANTA as CITY and CLARA VALLEY a California non- hereinafter referred to as pro it corporation DEVELOPER, made by and between the parties this 7th day of August 1989 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_ ;ALVES DRIVE and WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete the undergrounding of said utility lines; and WHEREAS, the costs for the undergrounding are reduced when the undergrounding is done in conjunction with other projects on and along the frontage of ALVES DRIVE ; 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 shall install and complete the undergrounding of said utility lines, in conjunction with any project for undergrounding said utility lines on or fronting the properties on - ALVES DRIVE adjacent to the above mentioned property described in Exhibit "A". 2. Deferment It is further agreed that the DEVELOPER shall 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. CORPORATE ACKNOWLEDGMENT LO 7 t PAGE U5 GO NO.202 State of On this the day of ��'�`� 19J7,/,before me, County of SS Iaxn" (-aTcC h tCA-1 the undersigned QNotary Public,personally appeared personally known to me aF ❑ proved to me on the basis of satisfactory evidence `EF'tuiii,4 TSF r s, KAREN CATANIA to be the person(s)who executed the within instrument as NOTARY PUBLIC-CALIFORNIA 1�i P, P����TdC +l"f or on behalf of the corporation therein . No SANTA CLARA COUNTY named,and acknowledged to me that the corporation executed it. My Commission Expires Aug.21,1989 WITNESS my h d and official seal. Y Cy L,FORN,' '�; Notary's Signature 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. 0 P.O.Box 4625 9 Woodland Hills,CA 91365 46251 AGREEMENT - Page 2 L `V i PAGE 15 5 3 r 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 as set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this 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. DEVELOPER: CITY OF CUPERTINO: y Ma )T�r U 1n r City Clerk Approved as to form: 7_ City Attorne L071ME15 G .1 EXHIBIT "A" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: -,' PARCEL 1 as shown on that certain parcel map filed for record August 6, "1969 in :.. _: the office of the recorder, County of Santa Clara, State-:of California in Book 257 of Maps, at page 26. U261 91r0, NO FEE IN ACCORDANCE .' t suyn `o— - WITH 60V CODE 6103 �,II:,�C1 .f-��t -AT REQUEST or �151.7�dy�.sG i1� �-�[� NO C ar 0 L deo.l� f7S{L! +J J VsJ LAURIE KANE RFSOIDT'ION NO. 7899cc � C �a i� W A RE5071TT c N OF nm CITY OOIANCIL OF no CITY OF GUFF TIIJO E 'SQ MMMIZING EM=ON OF AM2EE[ M BETWEEN 'IIS CITY AND v •,e O YOUNG Int'S CHRISTIAN ASSOCIATION OF SAND, CUM VAISrE'Y V o W PRCVIDING FOR TBE LWDEF43FCMING OF UTTLITIFS ON A BASIS y: WWMAS, Young Men's Christian Association of Santa Clara Valley a 1. 2 O non-profit corporation, hereinafter referred to as "Developer", desires to h. c.; 0 cc develop property on Alves Drive; and v < M=M, an agreement has been presented to the City Council providing o V . for the deferred of utility lines at the sole cost of the B Developer all as more fully outlined in said agreement. .� Z ""` Z .120 NOW, UORE BE IT RESOLVED that the Mayor and the City Clerk are c N hereby authorized to execute the agreement herein referred to in behalf df the City of Cgpertino BE IT FURMM RESOLVED that the City Clerk is authorized to file said agreement with Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of Autms , 1989, by the following vote: Vote Members of the City C=r-il AYES: Gatto, Johnson, Koppel, Rogers, Plungy NOES: None ABSENT: None ABSTAIN: None APPRCyVED: /s/ Dorothy Cornelius /s/ John J. Plungy, Jr." City Clerk Mayor, City of Cupertino THIS 15 TO CERTIFY 7!,,.T Ti-F-" WITHIN INSTRUMENT 15 ATRUE AND CORRECT COPY I1 LM OF THE ❑RIGINAL.ON FILE IN TI-�iS L,'-FIC:_. �3 ATTEST CITY LE 2F O HE CITY ❑F/CUPPERoTI,N❑' / Gy • :1= ������ CITY CLERK / . • r DEFERRED UNDERGROUNDING AGREEMENT ement between the City of CuperStiinTA hereinafter referred to This is an ag YOUNG MEN'S CHRISTIAN ASSOC. OF hereinafter referred to as as CITY and CLARA VALLEY a Califor n - day of ro i and between the parties this 7th DEVELOPER, mace by Au ust 1989 described in Exhibit WHEREAS, DEVELOPER desires to develop the property attached and made a part hereof by reference, and wished to defer the under- part grounding of utility lines fronting ALVES DRIVE WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete the undergrounding of said utility lines; and WHEREAS, the costs for the undergrounding are reduced when the undergrounding ts on and along the frontage of is done in conjunction with other projects and ALVES DRIVE WHEREAS, the city and the DEVELOPER jointly agree to defer the work until a larger project is organized. RE IT IS HEREBY MUTUALLY AGREED by and between the parties hereto NOW, THEREFO , as follows, to wit: ] , Installation of Work rounding of said The DEVELOPER shall install and complete the underg said utility lines, in conjunction with any project for undergrounding AL lines V'.ES DRIVE on or fronting the properties on - utility -property described -above mentioned adjacent to the in Exhibit 2. Deferment It is further agreed that the DEVELOPER shall furnish, construct, and on six (6) month notice from install at his own expense upsaid utilities must be completed which event the work of undergrounding within one (1) year thereafter, or no later than ten.(10) years from the date of this agreement. F AGREEMENT - Page 2 M1 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 as set. forth herein under a joint cooperative plan, including the formation of a local improvement district, if this 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. DEVELOPER: CITY OF CUPERTINO: CORPORATE ACKNOWLEDGMENT No.202 StateofOn thisthec>20 da y ��� c� ci �zY of / 19�/,before me, _ SS. County of /�)'�iy ��7� Ken (ay c� n tOv the undersigned Notary Public,personally appeared F tiC�C i-lom r personally known to me ❑ proved to me on the basis of satisfactory evidence 5£'1u44 l�F KAREN CATAN IA to be the persons)who executed the within instrument as NOTARY PUBLIC-CALIFORNIA ✓iC(r: f7�lG��,�l�Q(a I f or on behalf of the corporation therein . _ ZoSANTA CLARA COUNTY named,and acknowledged to me that the corporation executed it. i My Commission Expires Aug.21,1989 °•�,.,aN�� WITNESS my hand and official seal. Notary's Signature 7120 122 EXHIBIT "A" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL 1 as shown on that certain parcel map filed for record August 6, 1969 in _ the office of the recorder, County of Santa Clara, State .of California in Book 257 of Maps, at page 26. Cit,4 of Cu crti r "o 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 August 14, 1989 Young Mens Christian Association 20803 Alves DriVe Cupertino, CA 95014 PICA DEFER1M UNDERG OUNDING AGREEMENT We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Young Men's Christian Association of Santa Clara Valley, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 7899, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, August 7, 1989. This docultent requires recordation, which takes approximately six to eight weeks, and will be on file in this office after completion. Sincerely, DOROTHY CORNELIUS �1401 - CITY CLERK CITY OF C UPERI'INO DC/so encl. cc: Department of Public Works Cit,4 of Cuperti"o 10300 Torre Avenue P.O. Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 . DEPARTMENT OF THE CITY CLERK August 18, 1989 Laurie Kane Office of the Recorder 70 West Hedding Street San Jose, CA 95110 DOCUMENT FOR RECORDATION -Will you please record the enclosed document as follows: We have enclosed one (1) Fast Endorsed copy and one (1) Original of the Agreement by and between the City of Cupertino and Young Men's Christian Association of Santa Clara Valley, a non-profit corporation. Thank you for your cooperation. Sincerely., DOROTHY CORNELIUS CITY CLERK CITY OF CUPERITNO DC/so encl. cc: Department of Public Works CITY OF CUPERTINO INTERDEPARTMENTAL Date Aug. 4, 1989 To CITY CLERK From PUBLIC WORKS--SUMI CI Information MESSAGE: YMCA DEFERRED UNDERGROUNDING AGREEMENT (CC 8/7/89) CI Implement C1 Investigate CI Discuss Transmitted are three sets of agreement for processing. See me J—I Reply sm attach. Po,.3 Reply: SIGNED: DATE Send harts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply