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CC Resolution No. 7899 RESOIIJTION NO. 7899 A RESOIIJTICN OF '!HE CITY CXXJNCIL OF '!HE CITY OF aJPERI'INO AUIHORIZING EXECm'ION OF AGREEMENl' BEIWEEN '!HE CITY AND YOONG MEN I S CHRISTIAN ASSOCIATION OF SANTA CIARA VAUE1l PRJVIDING FOR '!HE UNDERGROONDING OF UI'ILITIES ON A ~ll<I<ßD BrlSIS WHEREAS, Young Men 's Olristian Association of Santa Clara Valley a non-profit corporation, hereinafter referred to as "Developer", desires to develop property on Alves Drive; and WHEREAS, an agreement has been presented to the City Council providing for the deferred 1JI1dergrourxti of utility lines at the sole cost of the Developer all as more fully outlined in said agreement. NCM, nIEREFORE BE rr RESOLVED that the Mayor ani the city Clerk are hereby authorized to execute the agreement herein referred to in behalf of the city of CUpertino BE rr FURI'HER RESOLVED that the City Clerk is authorized to file said agreement with Santa Clara County :Recorder. PASSED AND AOOPl'ED at a regular meetin;J of the City Council of the City of CUpertino this 7th day of An¡¡m<t, 1989, by the followin;J vote: vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Gatto, Johnson, Koppel, Rogers, Plungy None None None ATI'FSI' : APPROVED: /s/ Dorothy Cornelius City Clerk /s/ John J. Plungy, Jr. Mayor, city of CUpertino , DEFERRED UNDERGROUNDING AGREEMENT This is an agreement between the City of Cupertino, hereinafter referred to YOUNG MEN'S CHRISTIAN ASSOC. OF SANTA as CITY and CLA~ VALLEY. a California non- hereinafter referred to as pro t corporation DEVELOPER, made by and Hetween the parties this day of , 19 WHEREAS, DEVELOPER desires to develop th4i property described in Exhibit "A", attached and made a part hereof by reference, and wished to defer the under- grounding of utility lines fronting ALVES DRIVE and WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete the undergrounding of said utility lines; and WHEREAS, the costs for the undergrounding are reduced when the undergrounding is done in conjunction with other projects on and along the frontage of ALVES DRIVE ; and WHEREAS, the City and the DEVELOPER jointly agree to defer the work until a larger project is organized. ..~ NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, to wit: 1. Installation of Work The DEVELOPER shall install and complete the undergrounding of said utility lines, in conjunction with any project for undergrounding said utility lines on or fronting the properties on : ALVES DRIVE adjacent to the <above mentioned property described in Exhibit "A". 2. Defermene Ie is fureher agreed that the< DEVELOPER shall furnish, cons eruct , and install at his own expense upon six (6) month notice from the CITY, in which event the work of undergrounding said utilities must be completed within one (1) year thereafter, or no later than ten (JO) years from the date of this agreement. AGREE~ŒNT - Page 2 The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the under grounding of utilities as set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is feasible, to secure the installation and construction of said undergrounding. 3. Successors - Run with Land This agreement shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and under- stood 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 description of which is contained in Exhibit "A" which is attached hereto and made a part hereof by reference, and are for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to the hereto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. DEVELOPER: y~~ ~ ~,,?,., ("'~ 'tA:øq ~Y. r::.T. ~ .'<1-, Þ":.;D CITY OF CUPERTINO: ~Iayor City Clerk Approved as to form: City Attorney . EXHIBIT "A" All that certain real property situate in the City of eupertioo, county of Santa Clara, state of California, described as follows: pAICfL 1 as sOOwn on that certain parcel map filed for record August 6, 1969 in . the office of the recorder, county of Santa Clara, State of California in BoOk 257 of Maps, at page 26. DEFERRED UNDERGROUNDING ACREEMENT This is an agreement between the City of Cupertino, hereinafter referred to YOUNG MEN'S CHRISTIAN ASSOC. OF SANTA as CITY and CLARA VALLEY. a California non- hereinafter referred to as profit corporation DEVELOPER, made by and Detween the parties this day of , 19 WHEREAS, DEVELOPER desires to develop the. property described in Exhibit "A", attached and made a part hereof by reference, and wished to defer the under- grounding of utility lines fronting ALVES DRIVE and WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete the undergrounding of said utility lines; and WHEREAS, the costs for the undergrounding are reduced when the undergrounding is done in conjunction with other projects on and along the frontage of ALVES DRIVE ; and WHEREAS, the City and the DEVELOPER jointly agree to defer the work until a larger project is organized. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, to wit: 1. Installation of Work The DEVELOPER shall install and complete the under grounding of said utility lines, in conjunction with any project for undergrounding said utility lines on or fronting the properties on : ALVES DRIVE adjacent to the ·above mentioned property described in Exhibit "A". 2. Deferment It is further agreed that the DEVELOPER shall furnish, construct, and install at his own expense upon six (6) month notice from the CITY, in which event the work of undergrounding said utilities must be completed within one (1) year thereafter, or no later than ten (10) years from the date of this agreement. AGREE}ŒNT - Page 2 The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the under grounding of utilities as set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is feasible, to secure the installation and construction of said undergrounding. 3. Successors - Run with Land This agreement shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and under- stood 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 description of which is contained in Exhibit "A" which is attached hereto and made a part hereof by reference, and are for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to the hereto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. DEVELOPER: y~ ~ ..r~,~"", ~¿'''A:4 ~.",. J. ~ .¿..., i/.~ CITY OF CUPERTINO: Nayor City Clerk Approved as to form: City Attorney EXHIBIT "A" All that certain real property situate in the City of CUpertino, County of Santa Clara, State of California, described as follows: PAR:EL 1 as sOOwn on that certain parcel map filed for re=rd August 6, 1969 in the office of the re=rder, County of Santa Clara, State of California in Book 257 of Maps, at page 26.