80-047 - Cupertino Village Green Home Owners Assoc."0
Citil of Cupero"'i
10300 Torre Avenue
Cupertino, CA 95014
Telephone (408) 252-4505
September 26, 1980
Cupertino Village Greens Homeowners Association
Attention: Stan W. Pforr
P. 0. Box 4626
Mt. View, CA 94040
AGREEMENT
Dear Mr. Pforr:
We are forwarding to you for your files a fully executed copy of the
Agreement by and -between -the City of Cupertino and Cupertino Village Greens
Homeowners Association, along with a copy of Resolution No. 5439.
Sincere
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
so
encl.
cc: Planning Department
RESOLUTION NO. 5439
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH CliPERTINO VILLAGE
GREENS HCIMEO64NERS ,ASSOCIATION
WHEREAS, in 1975 the City entered into an agreement betweenthedevelopers
of Cupertino Village Greens. regarding street improvements and improvements to
the common area of the development; and
WIIEREAS, at this time there are certain unresolved items between the
Homeowner's Association and the developer; and
WHEREAS, the City believes the issues would be resolved most efficiently
and economically directly between the Homeowners Association and the developer;
NOW, THEREFORE, BE IT RESOLVED that theMayorand the City Cleric are hereby
authorized to execute an Assignment and Agreement between the _City of Cupertino
and the Cupertino Village Greens Homeowners Association.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 15th _day of September 1980 by the following vote:
Vote Members of the City Council
AYES: Plungy,-Sparks, Rogers
NOES None
ABSENT: Gatto
ABSTAIN: None
APPROVED:
/s/ Dorothy Cornelius
Mayor, City of Cupertino
ATTEST:
/s/ Barbara A. Rogers
City_ Clerk
ASSIGNMENT AND AGREEMENT
ASSIGNMENT and AGREEMENT made by the City of
Cupertino,- a municipal corporation of the State of
California, and the Cupertino Village Greens Homeowners
Association, a California corporation
IN CONSIDERATION of the acts and the promises
herein contained, the parties agree with each other as
follows:
1. Assignment of Portions of Contracts
The City of Cupertino hereby assigns to the
Cupertino Village Greens Homeowners Association all of its
right, title, and interest in Paragraphs 1 and 13 of
the contract dated September 29, 1975, between Cupertino
Village Greens, a California corporation, and the City of
Cupertino, as well as all other portions of said contract
only insofar astheyrelate to said Paragraphs 1 and 13.
2. Assignments of Bonds
In addition, the City of Cupertino hereby assigns
to the Cupertino Village Greens Homeowners Association all
its right, title, and interest in the following bonds, with
full power to collect, sue for, and reassign the same:
a) Performance Bonds #U 80 59 37, #U _80 59 38, and
#U 80 59 39, executed by Cupertino Village Greens, a California
corporation, as principal and United Pacific Insurance
Company as surety, in favor of the City of Cupertino, dated
September 29, 1975, together with any riders thereafter added.
®l_
b) ___ Labor and Material__ Bonds #U 80 59 __37, #U__ 80 59 38,
and. # U 80 59 39, executed by Cupertino Village Greens, a
California corporation, as principal and the united Pacific
Insurance Company as surety, in favor of the City of Cupertino,
dated September 29, 1975®
3. Assignment of Causes of Action
In addition,- theCityof Cupertino hereby assigns
to the Cupertino Village Greens Homeowners Association all
its right, title, and interest in and to all causes of action
arising out of breaches by the respective principals and
sureties of the above -assigned portions of contracts and
bonds, with full right to maintain actions thereon and to
settle, compromise,or reassignsuchcauses of action and
to give a release in furl discharge of the liability
thereunder.
4. Acceptance of Assignment
The Cupertino Village Greens Homeowners Association
hereby accepts the foregoing assignments
5. General Release and Indemnification
The Cupertino Village Greens Homeowners Association
hereby releases the City of Cupertino from any and all
claims, demands, or liabilities arising out of the develop-
ment of Cupertino Village Greens, and further promises to
indemnify and save harmless the City of Cupertino from any
and all claims, demands, liabilities, losses, and expenses,
including, but not limited to, attorneys fees, arising out
2
of its assignments to the Cupertino Village Greens
Homeowners Association as herein above set forth.
DATED: 19po
APPROVED AS TO FOP24: CITY OF CUPERTINO
a municipal corporation
BY
I
City_ Attorney
[SEAL] B
y '
Cl k
CUPERTINO VILLAGE GREENS
HOMEOWNERS ASSOCIATION,
a California corporation
* Pres ' ent
4r,'
[CORPORATE SEAL] '
By
Secretary r