HomeMy WebLinkAbout92-028 Shell Oil Company 92-028 SHELL OIL COMPANY
5 � 3735
CITY OF CUPER.TINU
10300 TORRE AVENUE
CUPERTINC, CA 95014
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AGREENEHT FOR F2MRON)1ENTAL INDEMNIFICATION
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
THIS AGREEMENT is entered by and between SHELL OIL COMPANY,
hereinafter referred to as "Shell001, and the CITY OF CUPERTINO,
CALIFORNIA, hereinafter referred to as "City".
WHO,
A. Shell, as predecessor tenant to Taco Bell Corporation at that
certain real property located at 10710 South De Anza Boulevard,
Cupertino, California, hereinafter referred to as the "Premises",
has previously entered into an Environmental Cleanup Agreement with
Taco Bell whereby Shell agreed to investigate, remedy and cleanup
any contamination of the Premises by petroleum or petroleum-related
products caused by Shell or Shell's agents; and
B. Said cleanup has been proceeding on the Premises and a
remediation and monitoring system has been installed; and
C. Concurrently with the installation of such system, Taco Bell
has constructed a restaurant on the Premises and has begun operation
thereof under the terms of Conditional Use Permit No. 5-U-90, issued
by the City; and
D. Taco Bell has informed Shell that, as Condition 22 of said
permit, the City requires an agreement holding the City harmless
against any liabilities associated with the conduct of the
environmental remediation activities being conducted by Shell on the
Premises; and
E. This agreement will satisfy the requirements of Condition 22 of
Conditional Use Permit No. 5-U-90;
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable considerations, including Shell's and Taco Bell''s previous
agreements with each other:
1. Shell agrees to indemnify and hold the City of Cupertino,
California, and its elected officials, employees, agents, successors
and assigns, harmless from any claim, judgment, demand, suit, loss,
liability, cost or expense, of whatever nature, arising out of or
relating to any contamination of the Premises caused by Shell or
Shell's agents, or arising out of or in connection with the cleanup
or monitoring activities conducted on the Premises by Shell or
Shell's agents or contractors.
DF222501-1
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' 2. This agreement shall not apply to any claim, judgment, demand,
suit, loss, l.1ability, cost or expense, of whatever nature, arising
out of or resulting from the fault or negligence of the City of
Cupertino, its employees, agents, contractors, successors and
assigns, or third parties.
3. This indemnity and hold harmless agreement shall automatically
terminate upon (a) Shell's providing to the City of Cupertino
written notification from the applicable governing agency that no
further remedial work is required on the Premises, and upon removal
from the Premises of all equipment utilized by Shell or its
contractors in remedial operations, or (b) any expiration without
renewal, or revocation or nonrenewal by the City of Cupertino of
Conditional Use Permit No. 5-U-90, issued to Taco Bell Corporation.
4. By entering into this agreement, or by conducting any remedial
operations on the Premises, Shell is not admitting any
responsibility for any contamination which may exist at the
Premises. This agreement shall not be construed or interpreted as
an admission or concession of liability, and shall not be admissible
as evidence for any purpose, except to enforce the terms of this
agreement.
SHELL OIL COMPANY THE CITY OF CUPERTINO
Date: — q..2,+. 1 !, 1992 Date: aj" a) , 1992
E.D. EL'.S
MANAGER CORPORATE iRE&ESTATE
CORPORATE AFFAIRS
APPROVED AS TO FORM:
G�sSi &ITA�TTORNEY
DF222501-2
o � S
ATE OF
COUNTY OF �Y Y �S }{ SS:
i
On this 1744\ day of u 49 V3, , 1992,
r:kfore me, the undersigned, a Notary Pub c In and for said State,
F, onally appeared ,
-, onally known to me (or proved to me on the basis of satisfactory
nce) to be t p n who executed the within instrument as
+� v ~Co v ed. ! we on behalf of Shell Oil Company, a
Delawarg Corporation, the corporation therein named, and acknowledged
to me that such corporation executed the within instrument pursuant to
its by-laws or a resolution of its Board of Directors.
Witness my hand and official s4Ntary
M commission expires:
Y P
C� i
L Q JONS x%'M Stad Tesu
. C : rJcon pla�
�• �tOW"U." � 1on
STATE OF CALIFORNIA }{
COUNTY OF SANTA CI.ARA }{ S S:
On this �ers day of 1992,
before me, the undi med, a Notary Pudilic in and for said State,
personally appeared �e ba_� �e wd� ,
personally known to me Tc�r darowe�-to m® can the ^€-sa �sfaetar —.
j to the. per n who executed the within instrument as
on behalf of The City of Cupertino
the entity t ereln Amed, d acknowledged to me that such entity
executed the within instrument pursuant to a resolution of its City
Council.
Witness my hand and official seal.
My commission expires:
Notary Pu is
()I"i"ICIAL
Dorothy Marie2ti NQU,R). f Cornelius
SA,d r\ CGh(c 1 MY Commission COUNi'' `?
Expires Sept. 18 199?
•l'i.^UCC7CU��UC't"JC.UCUCC`JC.C����,���`
DF222501-3
C of Cuperti"o
10300 Torre Avenue P.O.Box 58C
Cupertino,CA 95014-3255 Cupertino.CA 95015-0580
Telephone: (408?252-4505
FAX (4081252-0753
August 28, 1992
Laurie Kane
Office of the Recorder
70 West Hedding Street
San Jose, CA 95110
DOCUMU(S) FOR RECt1RDATICN
We have enclosed ene (3) Fast Endorsed copies and one (3) Original copies
of the following documents for recordation.
Agreement for Environmental Idemnification
It is important for us to have the three (3) original. copies recorded with
original signatures. If this is a problem, please let us ]mow.
Thank you for your cooperation.
Sincerely, ? /
DMYI'HY
CITY CLERK
CITY OF CUPERTIM
DC/so
encl.
cc: Planning and Development