CC Resolution No. 8451
RESOIlJ'l'ICN 00. 8451
A RESOIlJ'l'ION OF THE CITY c:xxJOCIL OF 'DIE CITY OF CUPERl'INJ
AU'ßDUZIN:; EXECUTICN OF "REIMBURSEMENT 1IGREEMENT" BE'1WEEN
THE CUPERTINJ UNICN SCOCOL DIS'IRIcr, THE CITY OF CUPERTINJ,
AND HAROI:D L. GHENO AND ANlQUO M. GHENO, TRIJSTEES, EDI'lH E.
GHENO FAMILY 'lRUST; PRO\TIDIN:; FΠTHE REIMBURSEMENT OF
FUNDS 'IO Al'PRfJPRIA'm PARTIES IN a:NJUNCTION WI'lH 'DIE INSTALlATION
OF IMPRO\1EMENTS FŒ'lRACl' 00. 8332 AND 'DIE WILSCN PARK SrIE
WHEREAS, there has been presented to the City Council a "Reinh1rsement
Aglt:>EIílent" between the CUpertino Union School District, the City of
CUpertino, and Harold L. Gheno and Antonio M. Gheno, Trustees, Edith E.
Gheno Family Trust; in conjunction with the installation of li1provenents
for Tract No. 8332 and the wilson Park site; and
WHEREAS, the project also involves the installation of inprovanents on
the adjoining Gheno property with the stipulation that said property owner
shall rellItJurse the City of CUpertino and the CUpertino Union School
District for all oosts expended by the trNo agencies benefiting the Gheno
property; and
WHEREAS, the provisions, teI:n1B, and conditions of the aforanentioned
"Reinh1rsaœnt 1\y1.eaœnt" have been reviewed and awroved by the Director
of Public W:)rks and the City Attorney;
J«:M, 'lHEREFURE, BE IT RESOLVED, that the City Council of the City of
CUpertino hereby awroves the aforementioned agI:toa:lleIlt and authorizes the
Mayor and the City Clerk to eKeCIlte said aYLt:>EI'leIlt on behalf of the City
of CUpertino.
BE IT FUR'lHER RESOLVED that the City Clerk is hereby authorized to
recx>ro said deed and this Resolution.
PASSED AND ADOPl'ED at
City of CUpertino this
following vote:
vote Melli:Jers of the Citv Council
a regular meeting of the City Council of the
lSth day of T,,1 y , 1991, by the
AYES: Goldman, Rogers, Sorensen, Szabo, Koppel
NJES: None
ABSENT: None
ABS'mIN: None
ATl'EST: APPROVED:
/s/ Roberta A. Wolfe
City Clerk , Deputy
/s/ Barb Kopp~1
Mayor, City of CUpertino
REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made on .J~VO
between the CUPERTINO UNION SCHOOL DISTRICT,
, 1991, by and
a local agency of
the State of California ( the "District"), the CITY OF CUPERTINO,
a municipal corporation of the State of California (the "City"),
and HAROLD L. GHENO and ANTONIO M. GHENO, TRUSTEES, EDITH E.
GHENO FAMILY TRUST ("Gheno").
RECITALS
A. District owns fee title to that certain tract of
land situated in the City of Cupertino, Santa Clara county,
California, generally known and described as Tract No. 8332 (the
"Property").
B. District has sold a portion of the Property
consisting of 5.6 acres to City for a park (the "Park site").
C. District and City propose to perform certain work
of improvement on the above tract as specified in the Agreement
attached hereto and incorporated herein as Exhibit A (the
"Improvements").
D. Gheno is the owner of an adjacent tract of land to
the west of the Property bounded by South Blaney Avenue on the
west, Hall Court on the south, Parks ide Lane on the east and
Rodrigues Avenue on the north (the "Gheno Property").
E. Gheno proposes to develop the Gheno Property and
the Improvements will therefore benefit the Gheno Property as
well as the Property.
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F. city has agreed to lease from Gheno and Gheno has
agreed to lease to the City a portion of the Gheno Property for
use as a parking lot for the park until City develops a parking
lot on the' Park site pursuant to the Lease attached hereto and
incorporated herein as Exhibit B.
G. In consideration for this lease, City and
District have agreed to advance the costs of the Improvements
which benefit the Gheno Property.
H. Exhibit c, identifies the portions of the
Improvements which benefit primarily the District, the City and
Gheno.
I. The District shall be entitled to reimbursement
from Gheno of thirteen percent (l3%) of its costs of the
construction of the Improvements, but not more than Seventy-five
Thousand Dollars ($75,000), upon the filing by Gheno of a tract
map for the Gheno Property or any portion thereof.
J. The City shall be entitled to reimbursement from
Gheno of thirty-two percent (32%) of its costs of the
construction of the Improvements, but not more than sixty-nine
Thousand Dollars ($69,000), upon the filing by Gheno of a tract
map for the Gheno Property or any portion thereof.
NOW, THEREFORE, in consideration of the covenants
contained in this Agreement, the parties hereto mutually covenant
and agree as follows:
GENERAL REQUIREMENTS
1.1 The District and City shall, at their own cost
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and expense, complete all of the Improvements covered by the
Agreement, Exhibit A hereto, at an estimated cost of Seven
Hundred six Thousand, Seven Hundred Ninety-eight Dollars
($706,798).
DEFINITION AND OWNERSHIP OF IMPROVEMENTS
2.1 The term "Improvements" means the development work
required by the final improvement plans for Tract no. 8332
including streets, curbs, gutters, sidewalks and underground
utilities, referenced in the Agreement, Exhibit A hereto, and
indicated on Tract map no. 8332, Exhibit D hereto. The
Improvements shall be shown in detail on an improvement plans,
profiles, and specifications that have been or are being prepared
by one or more registered civil engineers acting for the
District.
PAYMENT
3.1 The District and City shall be reimbursed and paid
a share of the costs and expense of construction of the
Improvements by Gheno as follows:
A. The costs of thirteen percent (13%) of all labor
paid for, including payroll insurance and taxes, and all other
costs and expenses incurred by the District for construction of
the Improvements, but in no event more than Seventy-five Thousand
Dollars ($75,000), will be reimbursed by Gheno to the District
upon Gheno's development of his property and District's delivery
to Gheno of a statement of District's costs and expenses for the
construction of the Improvements and of the amount due from
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Gheno.
B. Thirty-two percent (32%) of the costs paid by the
City to the District for construction of the Improvements, but in
no event more than Sixty-nine Thousand Dollars ($69,000), will be
reimbursed by Gheno to the City upon Gheno's development of his
property and city's delivery to Gheno of a statement by the City
of the amount of the costs and expenses of the construction of
the Improvements paid by the City and of the amount due from
Gheno.
3.2 Books and Records. The District shall keep and
maintain accurate books of account and records of all of its
business transactions under this agreement. Gheno shall have the
right to review these books of account and records at the offices
of the District during normal business hours on reasonable
notice.
GENERAL PROVISIONS
4.1 Entire Agreement. This agreement represents the
entire understanding of the parties and supersedes all previous
negotiations, written or oral, and may not be altered, changed,
amended, or modified except by an agreement in writing signed by
the parties.
4.2 Notices. Any notices and demands under this
agreement shall be in writing, and shall be deemed given and
received forty eight (48) hours after deposit with the United
States Postal Service, postage prepaid, addressed to the parties
as follows:
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To The District at: Associate Superintendent,
Business Services
cupertino Union School District
10301 vista Drive
Cupertino, CA 95014
To the city at:
Director of Public Works
10300 Torre Avenue
Cupertino, CA 95017
To Gheno at:
Harry Gheno
5 Cypress Court
San Carlos, CA 94070
Each party shall have the right by notice in writing given to the
others pursuant to the provisions of this paragraph to change,
from time to time, the respective addresses at which notices or
demands shall be given. Statements for reimbursement or payment
shall be delivered as set forth in this paragraph.
Payments
delivered as set forth in this paragraph need not be accompanied
by any other written notice.
4.3 Applicable Law.
The laws of the State of
California shall govern this agreement and any breach of this
agreement.
4.4 Binding effect.
The terms and conditions of this
agreement shall be binding upon, and inure to the benefit of, the
parties hereto and their respective successors and assigns.
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IN WITNESS WHEREOF, the parties have executed this
Agreement the day and year first above written.
Dated:
The City of Cupertino
By:
'Í~\O' ''1't1
Dated:'J
The
District
Dated:/- 10- ~L
Harold L. Gheno, Trustee,
Edith E. Gheno Fami~
By: ~o.~ R
Dated: ~ \0 l.:tll
Antonio M. Gheno, Trustee,
Edi~ Gheno Fami~st
By: V~(~'¥ ~
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Exhibit "A"
AGREEMENT
[Agreement between City and District for City
District for improvement costs shall be labeled
attached here upon execution.]
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Page 1 of 5
to reimburse
Exhibit A and
Page 1 of 8
Exhibit "B"
LEASE
(Lease between City and Gheno for City lease of Gheno property
for park parking lot shall be labeled Exhibit B and attached
here upon execution.]
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Exhibit "D"
Final Map for Tract 8332
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