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Vallco Park Ltd. Public improvements 6-2-75 Reso 3940PLE;LSE RETURN 70: r +" ' '�` pt� Cit -,r of Cupertinu � z ,� 1036)) •. or re A'lenue C:up,.:rt;no, CA. 9501' ,.-•j exp � � �•� p . 9 �� .•� Tl -:is AGREEMENT Wade and entered into this �i� d., i 19 i5, by and between rhe CITY OF CC PERT INIQ ;i mu:.i. ipa 1 corporation of the State of California, hereinafter designated as CITY, and VALLCO PARK, LTJ., a limited partnership, hereinafter designated as DEVELOPER. RECIT LS A. on March 17, 1975, CITY DEVELOPER executed an i;anro%er.,-'nt agreement, hereinafter designated the First Agreement, providing fcr ti,e installation and completion of certain public improvements, bonded in -h= total sum of 5970,041, as shown in Exhibit "U" thereto, which puhl?c i:mr- provemen-_s bonded by a letter of ._relit, in that amount, date: March 14, 1975, issued hy r'ie `-n-'ted wll_.'ll Agrt-ement •ind lett,:r o7 cred.� are inco:poratc�d hertz.n aid ,..gid._ .- pr,rt 1;,,roof by refcren.u. L'. CI'lY and DEVELOPER r_•oI,-1irr,_: tly the ruwith, on Marcn 17, 1975, an agreement for the d,-furreG _:i Cc>i latit.Il anc' (ompletlOn Vi cert tin p:ibii t. improvements, herein.::tt r dusi�;- ._I: d the Ee,C(,:.d A.2rei,ment , .i5 (:L•7'L:ribed in }'ur�4raph 22, thereof, r;,'• .h :c�;ruer..0:._ ii r_, noI ;rt buea hundtd, ;incl i incurnorated he re.irn and made a part C. :! _ . a .d provided. :;0�:, "1'H:_RL.ORt:• 1'_ 1:. }IE}'�G'_ ;L:.Y :1(;i'!:._:, b and butwuue the partit•5 hereto as fol tows: 1. Fxhibit "li" of thc_• Fi:�,t heruinab,,vc• ru'_:rct•d Cu, i5 hereLy modified to read Lies shown in 4.rh:t:t 1, :ahi is attached i:erc-to and ;wade a part hereof by referun(•e. 2. Paragraph 22 of the Second Agreement hereinabove referred to, is hereby modified to eliminate "c. 'funnel at Wolfe and perimeter road.", a:nd ro include "b, e, i, k, 1, p of Resolution No. 1298, item 19". 3. DEVELOPER offers to dedicate the tunnel at Wolfe Road and perimeter road. Said dedicated property shall be free and clear of all liens or encumbrances except those which CITY shall expressly waive in writing. DEVELOPER agrees not to rescind said offer of dedication, and to keep said offer open until CITY accepts said offer by resolution. NEVERTHELESS, DEVELOPER shall be responsible for the maintenance, upkeep and repair thereof, and for the performance of any and all duties of CITY, as set forth in that certain Encroach- ment Permit, No. 475-E-767964, issued to CITY by the State of California, Depart- ment of Transportation, dated March 5, 1975, a copy of which is attached hereto, marked Exhibit "2", and made a part hereof by reference. In connection with the foregoing, DEVELOPER agrees to indemnity and save harmless CITY from any and all claims, demands, actions, liability or loss arising fro-_ its failure to make the dedica:.ion, to carry out it:, res,�onsjbilities, and to perform the duties of CITY, all. as hereinabove described. 4. This agreement is conditioned upon the following: a. Receipt by CITY of the written ,onsent of united Califcrnia Bank to the modification to Exhibit "B" of the First Agreement hereinabove de- scribed, as shown in Exhibit 1 attaches hereto.' b. 'F,e filing by DEVELOPER with the City Clerk of CITY of an additional bond or other security, as provided in Paragraph 5 of the First Agreement hereinabove referred to, in the additional sum of $136,500. : > r?� 494 Pw144 N v5 tri. C. rhe DEVELOPER shall provide to the CITY the additional fees and dttposits required and outlined in Exhibit 3 attached and incor- porated herein by this reference. The definitions and justification of said fees and deposit.; are as outlined in said First Agreement, and the a -mounts outlined in Exhibit 3 apply only to increase in the works as outlined and modified herein. d. The DEVELOPER alsoagrees to dep,)sit with the CITY a cash deposit in the amount of $1,900 to cover the expenses of the State of California, Transportation Department, to stripe and sign the off -ramp from Highway 280 east -bound lanes. Said cash deposit is the estimated cost of the work, however, the DEVELOPER agrees to provide additional monies in order to fully pay all costs as determined and billed by the State of California, Tiansportation Department. If a surplus exists the CITY shall refund said excess money to the DEVELOPER. 5. This AGREEMENT shall bind the theirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and understood 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 descript'_on of which is contained in Exhibit 4, which is attached hereto and made a part hereof by reference, and are for t^e benefit of the other ]ands in the City of Cupertino. '.-E G) 40 B 484 nc,145 IPI WITNESS WHEREOF, said CITY has caused its nave to be hereunto affixed by its Mayor and City Clerk, thereunto duly authoijzed by the City Council and said DEVELOPER has hereunto caused his na:.ie to be affixed th= day and year first above written. Approved as to form: City Attorney U CITY OF CUPERTINO �y Mayor l� ( BY . �jytCl r VALLCO PARK, LTD - BV �7aIICU Park BV President secretary -4- 45;1 711 T 11 S c 11 p d u I c of yLl J! f u I I'(, r f r, rr.:a n c e and rl La 1) 0 c t r 1 L'onds: Item No. Doscrint-i-on* Amount lk,m 857,000 , 2. 3 0, 000 3.P 1iF's, 000 Irvin 20 15,000 97U,000 0c) u,-1'-73) jon ',,n. 328P, (6- EXHIBIT 1 Item No. 1. a, m 2. All items deferred 3. g, h 4. Item 20 5. d -tunnel at Wolfe Road and perimeter road To tri 1. Resolution No. 1288, item 19 and 20. $1,106,500.00 • RES(iLb": Lc,:: 484 °ac�l6' F �N ✓ A RESOLUTION 01' TIIF CITY COUNCIL OF THE, CITY OF CUPERT1N0 AUTHORIZING EXL(;L'1'i0'4 OF AG1:1.1*EN :;d'I' I31i'!':.'r F.`7 THE CITY OF CUPrRTIN0 Aill) VAI,'..CO I'ARK, l.'CD. :iODII-YIP1G EXIST. . DEVEL- OPME'NT AGREEMENTS LIIIF,REAS, Vallco Park, Ltd. desires to modify the previously executed dc:velopment.agreements to allow for phasing of the improvements within Vallco Park: and 01FREAS, the City desires to allow Vallco to proceed on a modified schedule; and WH EA"J'AS, a modified .ip,rcemenL nttached hereto, delineates and defines the c;eanl;cs mutually a�,rued to by the City and Vallco Park, Ltd.; NO1.7, THEir'EFURE, BE T1' RESULVrD that t:he :flavor and the City Clerk are hercl)v r+utho:-ized Ln csek.utu :;ni.d modified ai;rc-munt !n behalf of the City of Cuprr t ; no and h,eivo i t: rL•(!ordvd al;nins t L] ie land. 11AS�-i;]) A;:D AD(W'11'1) r:L a rc•l-,ular meeting; of thLr City C(1111cil Of the City of C1;p(-rt 'no t h .. ---- 253- -- --day of _,.L11I1�-.� --- ' 197.'; , I`y the f�i.; ..in,; t•.tc. Vote :br r: of tllc: Cit Co::.ci' AY1:.": Meyers, Nellis, Jackson N01 `; : None ARISE:] : Frolich, Sparks ABSTAIN: None AT1'3:`. T: /s/ Wm. E. Ryder City C 1 ,. �-1,------ -- --- - - - - -- AI'1'P.OVED : s James E_ Jackson Mayor, City of Culvert ilio