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Home My WebLink AboutLand Developments_Allario Shopping Center - 08.15.1960 A1lario Sh6pping Center fir.. This Agwomato mad* and amteered into is ik&day of s 19 0, by and Wtwean CKARLES A ARX09 RCRERT ALLAIM& and CRIISTE ALLA , "Insftor raferred to as 60 *¢ and CATTY OF CUPERTM9 ammiciPal co oration of .be SUU of California, ha$einsfUr Warred U as '�C1TYe, ITAi ESS THt WEp ZkS o than ovit ER is &*curing a building pe rait from City to c*nstruct and maintain a coarasrcial enterprise; anc IREAS* CI.TY will consider approval of the bulloing permit on the agreement that CWNER will construct curb, gutter, sic ewalk., an® paving from the existing e0e of p ves*nt on the West s de of Saratoga-Sunnyvale P oaa (State Sign F out.e Ro. 9) to the lip of the proposto gutter anc from the center line of Fodrigueas tivienue southerly to the lip of the praposed, gutter In accoroance with the apprcvec improvement plans ano in accordance with the terms containeo heire n, as well as othor conditions as adopter by CITY, ane as well as other concitioins as may be requireac by the City Engineer of 1".;ZTY; now, t\ there f ore , 3 IT IS HEREBY AGREED by and between the parties hereto as y -follows, to wit: ( 1 ) CtwNER agrees to convey to CITY fo.r roadisay purposes, free anid clear of any anc all encusbra -ices, a sixty foot (60t ) strip of property lying westerly from the center line ol; said Saratoga- Sunnyvale Road of a twenty foot (201 ) strip of property lying. southerly from the southerly line of Rodrigues Avenue all for the full length of owner's property, and " Ok agx�e�e s to execute ss iu e*od and have executed the xvlease► of any and all encumbrances against saicx strips of property, whey,► so rst"stod by CITY. ` }S} f2 ' t (2) It I$ further ag d that OWbM Shall construct sta arc s guttorg comercial Sidewalk, and shall const t City Speciai 15t4wt ctlata evasisting of t lv* inches (12') oaf untros teed bias* t Mck and four fsc s (40) of plant-nixed Mace for the entire mamma bet en the edge of existing 't"Ot an the westerly side of s t -Sunnyvale Road and the the proposed gutter alui City Stendarr Street section consisting of sight inches (8") of untreated t, ," lase rock and two and one-half Inches ( ) of pldnt-eissed surface for entire area between lipof the se%i e P ra gutter and the center line of Rodrigues Avenue, all for the entire length of CWNEIRI property along Sera toga•5unnyva1* Roso anfG along flodrigues Avenue, as specifiad on the approved; improvement plans. The said improve- � . men+.ts shall be constructed in accoz%4nce with the standarc specifica- tions of CITY, and shall be onstructitc under the inspection of and ` to the satisfaction of the City E. igi.neeer of CITY. (3) It is further agreed that GWNEIP sliall further constr-.act any and all other improvaments, as shown on the approver, improve- ment plans. i.ne.lueing CITY Stancare' Elecltrcliers, in accordance with the standard specifications of CITY and to the satisfaction of the City Engineer. (4 ) It is further agreed that CANER shall construct a six foot (61 ) masonry wall along the westerly erly property line for the entire length of OWNER'S property. Said masonry shall shall be construuctec under the inspection cf ar to the: satisfaction of the City Building Inspector of CITY. (5) It is further agreed that all of said improvements shall be completed within twelve (12) months from they date First above written, prcvidod a however, in the computation of. seam . twelyR xr uwft period : delays to or es teased by Acts of Godq via, major atAIMS or other delays beyoftd the Control of the i , shall be It is esepre,%sly understood and agreed that if OWNER shall fail to complete work., re lr b} this agreoawnt within said period of tweelve (12) months of the date hereof o the City® after giving ten days' ( 10) written notice thereof to the CANEIR may complete the same and recover the full cost and exvensa tlwreaof f ram the OXNEP. (6) It as further agraec that OWNER shall file with CITY a ' bona in the ameunt of Thirteen Thcusand `six Huncree Dcliars to insure full anc faithful performance of the construction of All of the a forementionec ietprcve ment work, and a borw4 it the amount of Thirteen Thourianc: mix Huuncr+er Lclla rs ($13,630.00) to insure for late,. anc materials for saic work . M It is further ag=eev hat (4NER shall pay and anc all fees requirec by he Pacific Tar. 4nc: A-ilectric Company fcr installa- t,ien, testing, an(! connection of _ncierground wising circuit tc all electro iers as thown on said approver- impro�emen t plans, when OWNER is notifieect by either the City Enginaer or the Pacific ves and Electric Company that laic fees are clue arc; payable. (3) It is further agreed that CMNEF shall have `uposited with CITY, prior to execution of this agreement, for office >herkirg of improvements and all necessary expenses incurreo by CI4Y in connection with said impieveseents the sum of Six Hunerec Twelve Dollars ($612.00) . Upon completion of the work and before final approval of the improvements, the OME . shall be billed for and pay, or shall be refunded after completion of the work and final acceptance of the Improvements by the City Council the difference between the actual -3— rye'- A "a. acid ov* tv the total anount of the deposit. (9'). it is . 'l &qXWW that t1W ONM shah fv* Witt, t St: tv 0 letter fmm the CAntza Aft PVOUCUM DIftTlet Of SMU CIASS Rio Sri Static that Um ent0 an a' *tint With and e4posited all necessary foes with said District is insure inelallation and flwe (5) year rental fee of all fuze hydrants as "quiz" by said District. ( 10) It is furthor agreed that MER shall pay to CITY1, upon execution of this Agreements they storm sewer charges in connection with the prc,,osed comercial development of' M!W" , in accordance with the res,4lrements establishaad by Resolution x:o. 180, ®n amount of SLvEN iKLRILRED EIGHTY EIGM DALLAfiS ( i7a8. c)f3) , ( 1.1) It is further agreed that `*iE . 6hal? carry out any anc all negotiations with all Interestere parties, end perform or cause to be performou, at his own cost and expense, any anc� all work of construction requires to raise, lower, reloot*, or otherwise modify any irrigation line or lines ane/or sanitary sewer line or liners and appurtenances and/or any public utilities exist- ing on any portion of owners lands or within the existing ano/or future public right-of-way upon which the impro-ifewents alre to be installed . (12) It is further agreed that GWNFER shall, upon written notice thereof, immediately repair o.r replace, without cast or obligation to the CITY and to the entire satisfaction of CITY all defects ane impazi6etions arisiang out of or due to faulty workman- ship and/or ®aterlals appearing in said work within a period of one (1) year .after date of final completion and acceptance. . 4® v �1 � It is further sQ that t< vihll indemif'y and save 1 _ ass a CITY* the ty s 1, a City er, r ilad of er offiawn or simplayoos of ths' ( fit f any suits, claims. or actloos braqht by ;day persom for or an account t of any '64F merles 40809*s to perse" JOT property ants.*.Red or ortsing in the ablostruction of t o to any acta r or ssion$ o negligonc* of the , Mo of�.i" teirse Agents, ea loycos or conta*otors. 1 A# It is f i r agreed that t a Ave named to rmis and conJition s shall bind the heirs, successors",, adasinistratozs, or assigns of the OWNER. amd that MOW* his Successors ant 6.ssigns shall a de by W ordintances, laws, anc, ra hula Mars in full fora and effect at the tine of th* doing of the wo k: herein prauidec to be donor,. The assignment cf this agreement shall not b-e mace without r -approval by City Council of CITY. h, IN sITNE-S 40HERECF, CITY has causer: its name to be hereunto affixed by its V1ayor and City Clerk, thereunto duly authorize-. by resolution of tha City Council, anc. OWNER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTIMG: By KA yor and ty . er OWNER: a'p-es -7.115r10 APPROVED AS TO FDUt ", , Robert Allario _ reste a io t orrsey