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HomeMy WebLinkAboutStorm Drain - Fremont Union H.S. Dist - 1963 prewnt Union, H.S. Dist. wk MG it ,z r. hk i A F t by 04 b* WOMOT of fttft G t to ( ® t ct O)s tM Gmav ON113110,0 a Wndessal, colve"tion of the its of callfo (havoinafter Werred to as "Citya); District is the owner of a parcel of real property located in t1ae City of Cupertino, County of Santa Clatae, and known as the Rosestead High School site which contains 35•84 acroa j and ►, said high school site is psentlm unimproved but District prt)poses to eventually b&ild-.a a school on said site which will require suitable storm drainage faccilities j and WIi A, City !-s3 adopted a general plan of storm drainage facilities for the entire area within r1.ty, Including the afore- said sita and has allocated the cost of the facilities among landowners within said City based on the sing of the parcel and on other factors, all of which are directly related to account of run-off reasonably .,ttributable to said property, i.e. use of the property, nature of improvements, eto.; and WHRRZAB,, City has determined on the basis of adequate studies that a fair proportion of the cost of scald facilities to be borne by District as owner of said site is seventeen thousand nine hundred twenty-four dollars and fifty cents (*1T,924-50) , which amount is based on a charge of five hundred dollars 0500.00) per acre; and I WHEIMSO District finds tha4 the above charge is fair and raaa*>nable end desires to sake payment of said ct,,*rge at the present time. for and in consideration of the promises, covenants and &gra nts contained herein the parties do agree as follows 8 4 - 1 J A fit€ r i7 r.3 l .�• wstftet agreass Witbin u1naty ftTs of ter the emeautleft �ff µ , , -+t r1M amts ( T. .50) as sow ohm of UM O"t of the Orftite fDeulties as an the s pre0ared bW the emolneer of City and 2dentIfted as follows a elution of tS City COM911 of the pity of Cupertino ~Ing the Capertlao ft r9n 1nai ge geneMl Wan. 2. City agrees to oonstrmt said faeilities, at least inso- far an it ssy be necessary to service the aforesaid site on or before December 31, 1967. x A 3. City further agrees that between the date of the execution of this agreement and the date of operation of the aforesaid facilities it will be responsible for providing temporary storm drainage facilities to take care of any excess storm water run-off and including, if *necessary, the installat!;.�n of dry wells upon amid site at locations to be agreed upon by City and District. 4. If City fails to complete the aforesaid facilities within i the time specified above, it shall return to District the amount paid hereuinderj Nothing contained herein shall prevent the District from granting an extension (one or more) of time to City to complete said facilities. 5. City agrees that District shall be allowed a credit of one thousand three hundred eighty dollars (0,380.00) on the account specified in paragraph 1. The credit is equal to the cost of ty Installing three dry wells on the aforesaid site, computed at the rate of four hundred sixty dollars ($460.00) for each dry well, or a total of one thousand three hundred eighty dollars 01,380.00) . iE The City further agrees that payment ` the amount specified in paragraph 10 leas the credit not forth herein, will represent the full anal final payment of District's share 3f the cost of the installation of said storm drainage fa®ilities. J A N I '.is, .sa.,...eca«safir.Brs 1e..r.?ia..rtrati'rzla6/+,'.`Y�`lX'�,7_sv fix€. 1G J Eg k: t Wd Our bm a City ofeCupertino CITY OF CUPERTINO ' COUNTY OF SANTA CIA RA STATE OF CALf FORNIA City Clerk of the City of Cupertino and ex of icio clerk of the legislative body of said City do hereby certify that the within and annexed instrument is a true and correct copy of the original Agreement on file in my office. iP4 YIITNFSS WPL�REOF I have hereunto set my Pia d and City Seal this �_ day of f' 19 1/11/63 - 3 JAI . A