81-019 Ken K. Shellito Hold Harmless agreement for basketball hoop in right-of-way in front of his homeHOLD HARMLESS AGREEMENT
Agreement made this 4 day of 1981 by and
between the CITY OF CUPERTINO and K. K. SHELLITO, an
individual.
.The City of Cupertino hereby agrees not to remove the
basketball hoop from its right-of-way located on or near
921 Sage Court, Cupertino, California until such time as
K. K. Shellito no longer resides at 921 Sage Court,
Cupertino, California or until ten (10) years from the
date hereof, whichever event occurs first.
K. K. Shellito hereby agrees that K. K. Shellito shall
indemnify, hold harmless, and defend the City of Cupertino
from and against any or all loss, cost, expense, including
attorney's fees and costs of suit, damage, liability, or
claim thereof, occasioned by or in any way whatsoever
arising out of the use or existence of the basketball
hoop standing in the right-of-way owned by the City of
Cupertino and located on or near 921 Sage Court, Cupertino,
California.
K. K. Shellito hereby agrees to notify the Director
of Public Works, 10300 Torre Avenue, Cupertino, California
95014 within 30 days after any change in his residence.
In the event that a judgment is obtained by any person
against the CITY OF CUPERTINO and said judgment is based
on a claim arising out of the use and/or existence of
said basketball hoop, and K. K. Shellito fails to wholly
0
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On March 19 , 19 81, before me, the undersigned, a
Notary Public in and for said State, personally appeared
K. K. Shellito
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
gtP� OFFICIAL SEAL
EVELYN M. AVERY '
NOTARY PUBLIC - CALIFORNIA :Votary Public and for the Count
' 'gcroQNP ' SANTA CLARA COUNTY of Santa Clara State of Californi
My comm. expires SEP 21 1982
— U
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CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On 19 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
, known to me
to be the of
the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
Notary Public in and for the County
of Santa Clara, State of California
indemnify the City of Cupertino within 30 days after said
judgment becomes final, the City of Cupertino may immediately
remove said basketball hoop.
Dated:
Dated: 'vo s/
APPROVED AS TO FOR14:
/ 04*—v
City Att rney
-2-
CITY OF CUPERTINO
By:44-rzvo /Q &4�
Ma
'/ZY
K. K. SHELLITO
ATTEST:
City lerk
WE THE UNDERSIGNED RESIDENTS OF SAGE COURT CUPERTINO, EX) NOT
OBJECT TO THE BASKETBALL HOOP IN FRONT OF THE SHELLITO RESIDENCE
AT 921 SAGE CT. THE BASKETBALL POOP HAS BEEN AVAILABLE TO ALL
RESIDENTS AND FRIENDS SINCE 1973 and will probably be used by
OUR YOUNGSTERS FOR THE NEXT T N YEARS.
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PITY OF CUPERTING
PIMC WORKS
JAN 2 1 19G)
M"W"
RESOLUTION NO. 5598
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING HOLD HARNESS AGREEMENT BETWEEN THE CITY AND
K. K. SHELLITO PROVIDING FOR THE CONTINUED USE OF A BAS-
KETBALL HOOP WITHIN CITY'S RIGHT-OF-WAY
WHEREAS, there has been presented to the City Council a Hold Harmless
Agreement between the City of Cupertino and K. K. Shellito, wherein the City
agrees not to remove the basketball hoop from the City's right-of-way
located on or near 921 Sage Court, Cupertino, California; until such time
as K. K. Shellito no longer resides at 921 Sage Court or until ten (10)
years from the date of said agreement; whichever occurs first; and
WHEREAS, K. K. Shellito agrees to indemnify, hold harmless, and defend
the City of Cupertino from and against any or all loss, cost, and expense
which may arise because of the basketball hoop standing in the City's right-
of-way, all as more particularly outlined in the agreement; and said agreement
having been approved by the Director of Public Works and the City Attorney;
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.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 6th day of April , 1981 by the following vote:
Vote Members of the Citv Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dotothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino.