Lic Agrmt Park & Ride
._~ I I
Westfield Design
and Construction
A Division of Westfield Corporation, lne.
III II Santa Monica Boulevard
Suite 1400
Los Angeles
California 90025 3348
October 6, 1994
Telephone (310) 478 4456
Fax (310) 478 4468
Mr. Robert Cowan
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
Re:
Park and Ride Agreement
Vallco Fashion Park, Cupertino, California
Dear Bob,
In accordance with condition 2.4 "Conditions with Regard to Park and Ride and Transit" of the
Development Agreement, please find enclosed copy of the agreement between this company and
Santa Clara County Transit District with regard to Park and Ride facilities at the shopping center.
Should you have any questions, please contact me.
~~!~
Vice President Development
JEE:cal
Enclosure
cc: Scott Stevens
jeelcowan2.ltr
~
Project: Park-and-Ride Lot
Location: Vallco Parkway
LICENSE AGREEMENT BY AND BETWEEN VALLCO FASHION PARK
AND THE SANTA CLARA COUNTY TRANSIT DISTRICT
This is a license agreement by and between Vallco Fashion
Park, hereinafter referred to as "Licensor," and the Santa Clara
County Transit District, hereinafter referred to as "Licensee."
The parties hereby agree as follows:
1. Premises Licensor grants Licensee a license to occupy and
use twenty (20) of Licensor's parking spaces for a joint-use park-
and-ride lot, which parking spaces are located on Vallco Parkway,
Cupertino, CA, more particularly described in Exhibit "A" attached
hereto and incorporated by reference, and hereinafter collectively
referred to as "the premises"
2. Purpose The premises shall be used by Licensee solely
for a temporary joint-use park-and-ride lot, to be used solely for
the purpose of accommodating and assisting those members of the
public making use of Licensee's transit system.
3. Term This license agreement shall have a term of three
(3) years, and shall commence on the date that it is fully executed.
It is understood, however, that either party shall have the right to
terminate this license agreement on thirty (30) day's written notice.
4.
Indemnification and Insurance
(a) Licensee shall indemnify, reimburse, hold harmless
and defend Licensor from all liability, damages, loss, costs and
obligations, including court costs and reasonable attorneys' fees,
arising out of any claim, suit judgment, loss or expense occasioned
by, but not limited to, injury or death of any person or persons, or
loss or damage to any property, arising out of the act or omission of
Licensor, its officers, agents, contractors, employees and invitees.
It is understood and acknowledged that Licensor shall not be held
liable for any damage to any vehicle on the premises, except where
such damage is caused by Licensor, its officers, agents, contractors
or employees.
(b) Licensee shall keep and maintain public liability
insurance or self-insurance in an amount of not less than one million
dollars ($1,000,000.00) covering the premises against claims for
personal injury, bodily injury or death, and in an amount of not less
that five hundred thousand dollars ($500,000.00) for property damage.
Park-and-Ride
Vallco Parkway
page 2 of 3
Licensor shall be named as an additional insured on Licensee's policy
of insurance. Licensee shall provide Licensor with a certificate of
insurance evidencing compliance with this requirement.
5. Maintenance Upon expiration of this license agreement,
Licensee shall restore the premises to their original condition, less
reasonable wear and tear.
6. Notices All notices required to be given hereunder, or
which either party may wish to five, shall be in writing and shall be
served either by personal delivery or by certified or registered
mail, postage prepaid, addressed as follows:
To Licensee:
County of Santa Clara
Transportation Agency
Property Division
3331 North First Street,
San Jose, CA 95134
Bldg. B
or to such other place as Licensee may designate by written notice.
To Licensor:
Vallco Fashion Park
10123 North Wolfe Road, Suite 2030
Cupertino, CA 95014
or to such other place as Licensor may designate by written notice.
Park-and-Ride
Vallco Parkway
Page 3 of 3
7. Entire Aqreement This license agreement constitutes the
entire agreement by and between the parties relative to the license
of the subject premises, and any prior or contemporaneous oral or
written agreements by and between the parties or their agents and
representatives relating to such license are hereby revoked and
extinguished by this license agreement.
IN WITNESS WHEREOF, the parties have executed this
license agreement as follows:
~~') -91
.Mt~
LOU1S on lnl
Acting Assistant Executive
Santa Clara County Transit
Officer
District
Liceo"or ~
Date: 3 ~
~A.?/ .
Scott Stevens
General Manager
Vallco Fashion Park
RECOMMENDED FOR APPROVAL:
~h. Utl (^.'\ (il ,-j-
M AND LEGALITY:
L:- CO--q
lutaylor/license/misc2con/pp.15-17
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Shared Use Park-and-Ride Lot
Vallco Fashion Park, Vallco Parkway
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