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CC Resolution No. 7478 RESOWI'ION NO. 7478 A RESOWI'ION OF 'IHE CITY CXXJNCIL OF 'IHE CITY OF aJPERI'INO AUIHORIZING EXEJC:1mON "AGREEMENT REGARDING ENCROACHMENT PERMIT" BEIWEEN THE CITY AND aiUA LIN FOR 'IHE ENCROACHMENT INTO CITY mDPERTY FOR TEMroRARY USE - STEVENS CREEK B:XJIEVARD WHEREAS, the city of CUpertino is the owner of a right-of-way, which is held for future roadway purposes parallel to the existirq stevens Creek Boulevard, which right-of-way is adjacent to the property of Chua Lin, hereafter designated as "Owner"; an:i WHEREAS, OWner has applied to the City for the use of the aforementioned right-of-way on a tenqJorcu:y basis; an:i WHEREAS, there has been presented to the City Council an "Agreement Regarding Encroachment Permit", an:i the terns an:i conditions of said agreement havirq been approved by the Director of Public Works an:i the city Attorney: NOW, 'IHEREFORE BE IT RESOLVED, that the City Council of the City of CUpertino hereby approves the agreement an:i authorizes the Mayor an:i the city Clerk to execute said agreement in behalf of the city of CUpertino. BE IT FURTHER RESOLVED that said agreement shall be recorded with the County :Recorder's Office. PASSED AND ADOPl'ED at a City of CUpertino this 2nd followirq vote: Vote Members of the City Council regular meetirq of the City Council of the day of May , 1988, by the AYES: Johnson, Koppel, P1ungy, Rogers, Gatto NAYS: None ABSENT: None ~: None ATIEST: APPROVED: /s/ Dorothy Cornelius city Clerk /s/ John M. Gatto Mayor, City of CUpertino AGREEMENT REGARDING ENCROACHMENT PERMIT +1, This Agreement made and entered into this Z~ day of IV ð v' 1987, by and between the City of Cupertino, a municipal corporation of the State of California, hereafter designated as City, and CH-UA L/'0 hereafter designated as Owner. WIT N E SSE T H WHEREAS, Owner is the owner of certain real property known as 22213 ['YU/iVT/Ç}f/¡je) C1-, APN No. 357-9-78, more particularly described as: ALL of Section 97 as designated "Map of Inspiration Point, Monta Vista", recorded in Map Book UP" at page 18, Santa Clara County Records. legal description WHEREAS, the City is the owner of a right-of-way which runs over Owner's real property and which is held by the City for future roadway purposes parallel to the existing Stevens Creek Boulevard. Said City's right-of-way is delineated in a Tract Map, a copy of which is attached to this Agreement, and WHEREAS, èity has no present use for said right-of-way it owns and and Owner wishes to utilize said right-of-way on a temporary basis, and WHEREAS, Owner has made application to City for an encroachment permit to construct and maintain certain temporary improvements within said right-of-way and City wishes to allow Owner to utilize said right-of-way on a temporary basis, but also wishes to retain the right to utilize the right-of-way for roadway purposes in the future. NOW, THEREFORE, it is hereby agreed between the parties as follows: 1. The City agrees to issue its standard encroach- ment permit to Owner to construct and maintain temporary improvements under the conditions and restrictions con- tained herein. 2. All improvements constructed or maintained by Owner on City's right-of-way shall be temporary in nature (e.g., fences, decks.) No permanent structures including, but not limited to, buildings, swimming pools, sidewalks, or tennis courts shall be permitted. 3. No improvements of any type shall be construct- ed or maintained closer than ten (10) feet from the top of any slope which overlooks Stevens Creek Boulevard. 4. During the term of said encroachment, Owner shall hold City harmless from any claim made by any person, including Owner, for personal injury or property damage resulting from the Owner's use of said right-of-way including, but not limited to, claims resulting from land subsidence, earthquake, avulsion, accretion, erosion, flooding, or other dangerous condition. Owner agrees that in the event of any claim by any third party is made against City regarding Owner's use of said right-of-way, Owner shall indemnify and defend City with respect to said claim. 6. Owner agrees to add City as an additional insured on its homeowner's liability policy which shall be for a face amount of at least $ 1,000,000.00 and shall provide City with a copy of said policy together with all endorsements thereon. Owner agrees to maintain liability insurance in said face amount with City as an additional insured during the entire period of the encroachment permit. 7. Said encroachment permit may be revoked by City at any time for any reason upon 30 days written notice. Upon receiving notice of revocation issued by City, Owner shall, at its sole cost and expense, remove all improvements within the City's right-of-way. If Owner fails to remove said improvements within the 30 day notice period, City may enter Owner's property and remove said improvements and bring civil action against the Owner for recovery of its costs of removal. In the event that such a civil action is brought to recover costs of removal, City may recover its legal costs including reasonable attorney's fees from Owner or Owner's successor-in-interest. 8. This Agreement binds the parties, their heirs, administrators, executors, successors, assigns, and their successors in interest. This Agreement is intended to be a covenant running with the land of the Owners and shall be recorded in the Office of the County Recorder of the County of Santa Clara, State of California. 2 . " IN WITNESS WHEREOF, City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said Owner has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO Approved as to form: Mayor City Attorney City Clerk -ci~ ~I '---" ~ Owner By: All signatures require notary acknowledgment. Exhibits "A" C~/I-(èII } 55. 71' On this the;r L¡ I 'day of ,No (/OIIJ/? f)C~ 196"7 before me, Stateo! __(,flu FùfU(¡/) c: LJ,.'<-'-/) County of ~ elf" , (2 /1 ¿;7...e;t/ /::1 II /IreS the undersigned Notary Public, personally appeared I ~ I ~~.:..:..:.== ~ QlCII :¡:¡a. . ¡: E IIII":; ..... cc3 ~CllQI ~,!:!u "c QlCII ~!i en .5 C/-li./fI Lid 'J.UI~-~~_D personally known to me 'G' OFFICIAL SEAr: ~ proved to me on the basis of satisfactory evidence , IiEUN K. YATES to be the person(s) whose name(s) /-IF NOTARY PUILIC. CAUFORNt" ' ' ¡II , SANTA CLARA COUNTY A within instrument, and acknowledged that ¡re- My <:ømmitslon bpi,.. May 10, 1991 ~ WITNESS my hand and official seal. ~~~==~~ d~~£ ~~ Notary's Signature / subscribed to the executed ;1. : ::: ~ ~...r.;y;. (i[~ERAl ACKNOWLEDGMENT FORM 1110052 3 ,. , ,'. . 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