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90-045v - Blackberry Farm - Cupertino Sanitary District - re. sanitary sewer connection at BBF facility Reso 8665AGREEMENT THIS AGREEMENT, made and entered into this 1st day of July 1992, by and between the City of Cupertino, a municipal corporation of the State of California (referred to hereinafter as "CITY") , and the CUPERTINO SA=.RY DISTRICT, Santa Clara County, California, a public corporation, duly organized and existing under Part 1, Division 6 of the Health and Safety Code of the State of California, hereinafter called "District". W I T N E S S E T H Whereas, The Eric Nelson and Gulli Nelson Revocable Trust is the owner of APN 357-10-6 (Parcel B) and the City is the owner of APN 357-10-4 and 7 (Parcel C); Whereas, there is currently one dwelling on Parcel B; Whereas, Section 4100, Article 1, Chapter IV of the Cupertino Sanitary District Operations Code provides that an individual side sewer shall be provided for each building, except that when a building is located in the rear of another building on an interior lot, permission may be granted by District to connect said buildings to the same side sewer, Whereas, the existing dwelling on Parcel B is with the consent of City, connected to a side sewer of the City on Parcel C; -1- Whereas, said connection constitutes a violation of Section 4100 of Article 1 of Chapter IV of the Cupertino Sanitary District Operations Code; Whereas, City has made written application to District to permit such connection for Parcel B; and ' Whereas District is willing to permit this connection of said dwelling to the City side sewer; NOW, THEREFORE, IT IS AGREED, as follows: That in consideration of the mutual promises and conditions hereinafter declared and entered into hereby by the parties hereto, the parties do agree as follows: 1. City is hereby granted permission for the connection of said (1) dwelling to the City side sewer in accordance with Plan /Exhibit "A" therefore hereto attached and by reference incorporated herein. 2. Said one (1) dwelling may be connected to District's Sanitary sewer system using said City's side sewer. -2- 3. Said side sewer shall be maintained and operated by City in strict accordance with District's ordinances, rules and regulations, as now or hereafter amended and subject to the payment of all fees and charges set forth in said ordinances, rules and regulations. 4. The permission herein granted for the common use of said side sewer and the connection thereof to District's system as herein proposed is neither assignable nor transferable and shall only be effective during the time said side sewer is owned by City. 5. Upon sale of the property owned by City said dwelling shall be disconnected from District's sanitary sewer facilities by City and said ca=n side sewer shall be divided by City and separate connection for the dwelling provided by City. In such event, the disconnection of said facilities from District's facilities and the provision of separate side sewers to said building shall be made in the manner directed by District's Manager -Engineer and his decisions and determinations relating thereto shall be final and City agrees to abide by said decisions and determinations. Such disconnection and provision of separate side sewers shall be made at City's sole cost and expense and at no cost or expense to District. If existing lateral is disconnected and re -connected per District Ordinance requirements Agreement will become void. 6. The City shall be responsible and liable for any and all damage to structures or property, including those of District, or for injury or death to persons, due directly or indirectly to City's use of said side sewer, and shall pronptly pay any just claim therefor and City shall hold District, its officers, agents and employees free and harmless from liens of every kind and nature and from and against any and all claims, demands, liabilities, suits, recoveries or judgments for or on account of injury or death to persons or for or on account of loss or damage to property arising out of the use of said side sewer as herein provided. City agrees to and shall, at its sole cost and expense defend District, its officers, agents and employees from any suits or actions at law or in equity for damages caused by reason of the use of said side sewer by City as herein provided and shall pay any and all attorney's fees and court costs and other expenses incurred as a result thereof. 7. This Agreement may be terminated by the Sanitary District upon six months Notice to the City. -3- IN WITNESS WBERBOF, the parties hereto have caused this Agreement to be executed the day and year first above written, This Agreement shall only take effect upon the issuance of a valid connection permit and all applicable fees. CITY OF CUPERTINO: i� 9L12i yor City Clerk Tr+�NTf> r7 ac 'F'n fnrm ° OSE ACKNOWLEDI State of �Q�f�✓/J/G/ County of ��ClifG/ CUPERTTNO SANITARY DISTRICT a public corporation President COUNTERSIGNED: ByL Secretary (SEAL) On / Z before me, lA/i//i�W .✓o�-y E cfjee DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared 1401C171_:? 11aal v SLjfa� E NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized OFFICIAL NOTARY SEAL WILLIAM E. MC BEE capacity(ies), and that by his/her/their Notary Public—Californiasignature(s) on the instrument the person(s), SANTA CLARA COUNTY My Comm. Expires OCT 15,1995 upon behalf of which the s orthe entit person(s) p ( ) acted, ex cu ed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY NO CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) g'CORPORATE"&6//C OFFICER(S)_?ZeNWePW�`��/cr iy TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) /S?l�iGf ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate tounauthorizeddocument. THIS CERTIFICATE Title or Type of Document -e W, -W ��C��ioi-i-S� ��/!✓f1l,�P�rP ��rr MUST BE ATTACHED ✓ rf P Number of Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above � o Ci G'/�✓ , 'd © 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7184 S4NT.A CLARA COUNTY, CALIFORNIA tib ... 413.12 T,2O � O 14.18 1vv N T. { 4 5 v .� w•9 ��'•. PCL. A AVENUE 12 PARCEJ�,9 3 B BOOK [7FhpF357 0 i I " = 200 PAPC— EL So 4 �DISTIZIC.T �5 SAtJITA��{ SEWER 'SYSTE M ( 33.91 TOTAL ACRES 6 19.267 AC. NET 14J23 15T 22 1 TWP. 7 S. - R. 2 W. 04 PCL. B 0 �,.�1'L'•' / `ter\J "� s.13 4 -jj�- �a � y G�Ty S�pE >cI�E2 cj a „z so PAR C E L L ON RESOLUTION NO. 8665 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXEC'UTICN OF AGREEMEM BETWEEN THE CUPERTINO SANITARY DISTRICT AND THE CITY OF CUPERTINO RELATIVE TO SANITARY SEWER CM.TICN AT THE CITY'S BLAMERRY FARM FACILITY WHEREAS, there has been presented to the City Council an agreement between the Cupertino Sanitary District and the City of Cupertino relative to the sanitary sewer connections at the City's Blackberry Farm facility; all as more particularly described in the aforementioned agreement; and WHEREAS, the terms and provisions of said anent have been reviewed and 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 approves the aforementioned agreement and authorizes the Mayor and the City Clerk to execute said 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 1st day of June 1992, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Szabo, Sorensen NOES: None ABSENT: Koppel ABSTAIN: None /s/ Lauralee Sorensen Mayor, City of Cupertino ATTEST: /s/ Roberta A. Wolfe City Clerk, Deputy RESOLUTION NO. 953 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT BLACKBERRY FARM RECREATION PROPERTY CUPERTINO SANITARY DISTRICT RESOLVED, by the Sanitary Board of the Cupertino Sanitary District, Santa Clara County, State of California, that that certain Agreement by and between the CITY OF CUPERTINO and the CUPERTINO SANITARY DISTRICT, dated July 1, 1992 relating to the use of a common side sewer by said City and by the Eric Nelson and Gulli Nelson Revocable Trust to service the properties more particularly described as APN 357-10-6 and APN 357-10-4 and 7, a copy of which has heretofore been presented to this Board be, and it is hereby approved. BE IT FURTHER RESOLVED, that the President of said Sanitary District be, and he is hereby, authorized and directed to execute said Agreement and the Secretary of said District be, and he is hereby, authorized and directed to countersign said Agreement and affix thereto the corporate seal of said District. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly passed and adopted by the Sanitary Board of the Cupertino Sanitary District, Santa Clara County, at a meeting thereof held on the ist day of July 1992, by the following vote of the members thereof: AYES, and in favor thereof, Members: Harrison, Brown, Fellows, Kerr and Rushton. NOES, Members: None ABSENT, Members: None APPROVED: Cupertino Sanitary District Secretary/ 8k6kkkAit President [ SEAL]