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86-160 Vernon L. Shuper - Purchase of garage for demolition to acquire right-of-way fro street improvement Reso 6932AGREEMENT THIS AGREEMENT, made and entered into this 18th day of August 19861 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and AWN1.4k ffi► CY a* hereinafter designated as SHUPER. W I T N E S S E T H WHEREAS, the CITY IS widening Stevens Creek Boulevard, from Phar Lap Drive to Carmen Road (Project 82-17); and WHEREAS, SHUPER is the owner of real property, more particularly described as A.P.N. 326-50-2 as shown on the attached Exhibit A, which contains a garage structure which must be removed to complete the widening; NOW, THEREFORE, the parties agree as follows: SHUPER AGREES: 1. To remove any and all property from the garage by August ] 1986, so the CITY may demolish the structure. 2. To grant the CITY a right -of -entry for the purpose of demolishing the structure and for the purpose of doing any necessary or lawful act in connection with the demolition. CITY AGREES: 1. To pay to SHUPER the sum of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) for replacement of the garage. 2. To construct all street improvements and utilities on Carmen Road that SHUPER would be obligated to install under City of Cupertino Municipal Code Section 14.04. 1 Cupertino Agrees (continued) 3. To prepare the plans and specifications for the improvement of Carmen Road. 4. To provide a storm drain stub at the southerly property line for SHUPER'S on-site drainage. 5. To hire a contractor to do the demolition and to obtain all Permits and inspection necessary to complete the demolition in accordance with all applicable state laws, local ordinances and building codes. 6. To save, keep, and hold harmless SHUPER from all damages, costs, or expenses, in law or in equity, that may at the time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this AGR�[T. Not withstanding the above, CITY shall, wherever it is necessary, keep and maintain at its sole cost and expense during the course of the operations under this AGR�, such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon SHUPER and are for the express benefit of the general public. 7. To leave the site in a clean and level condition. 8. To repair any damage to SHUPER'S property which may occur during demolition. 4 CLAPA cnUNTY, CALIFORNIA , o I � 5 Db Db 28 98.68 C \ C\ '6 v\ 0"� 0 / 41 4 27 :L 0\ �6 rj . C3. 36 a .o cp Z3jl BOOK PAGE 326 50 ry 22216 CITY OF CUPERTIPlo PUBLIC WOTKS JUL 121995 RECEIVED C`OMPfLEO OF THE 'N CX)'YFORMANCE WITH SEC. C E"EDTIVE REVENUE a TA .327 DATE• TAXATION COO ALFRED ARCH 1,1983 E-CARLSON—ASSESSOFj CITY AND SHUPER DO MUTUALLY AGREE AS FOLLOWS: There shall be no additional compensation other than as specified within this AGREEMENT. VERNON L. SHUPER ze Approved as to-] City Attorney (Individual) CITY OF CUPERTINO 4 Co mafor oy� City Clerk ANDREA CHAVEZ saV Col ml:.an R.,;;F; pls; Name (Typed or Printed) (This area for official notarial see 5-167 (REV. 6-82) 3 STATE OF CALIFORNIA SAN MATEO SS. COUNTY OF On AUGUST 7, 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared , T VERNON L. SHUPER ,personally U) known to me (or proved to me on the basis of satisfactory evidence.) w = to be the person whose name TQ subscribed to the within instrument and acknowledged that LIZ c. a executed the same. � �a'"�. w WITNESS my hand and official seal. � OFFICIAL SEAL ANDREA �� I �; nc Signature �� ��y^ — $�i� i .f, r IFOLN. 4 ANDREA CHAVEZ saV Col ml:.an R.,;;F; pls; Name (Typed or Printed) (This area for official notarial see 5-167 (REV. 6-82) 3 RESOiTJTION NO. 6932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND VERNON L. SHUPER PROVIDING FOR THE REMOVAL OF A GARAGE STRUCTURE IN CONJUNCTION WITH THE STREET WIDENING PROJECT ON STEVENS CREEK BOULEVARD BETWEEN PHAR LAP AND CARMEN DRIVE W1-E1REAS, the City of Cupertino is widening Stevens Creek Boulevard from Phar Lap Drive to Carmen Road; and WHEREAS, Vernon L. Shuper is the owner of real property which contains a garage structure which must be removed to complete the widening; and WHEREAS, there has been presented to the City Council a proposed agreement between the City and Vernon L. Shuper providing for the removal of said structure and remuneration thereof by the City, all as more specifically outlined in the aforementioned agreement; and the provisions of said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the Mayor and the City Clerk to execute the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of August 1986 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/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino