Exhibit CC 10-05-2010 No. 7 Hold Harmless Agreement, 10161 Phar Lap Drive /o1- *7
PUBLIC WORKS DEPARTMENT
CITY HALL
c , "C. 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3354 www.cupertino.org
CUPERTINO
CITY COUNCIL AGENDA
Meeting: October 5, 2010
Subject
Re Item No. 7: Hold Harmless Agreement, 10161 Phar Lap Drive
The Hold Harmless Agreement is revised to read as follows (additional language in bold italics):
HOLD HARMLESS AGREEMENT
APN 326 -39 -056
10161 Phar Lap Drive, Cupertino, CA 95014
Joetta A. Maier and Daniel S. Maier, Wife and Husband, as Community Property with Right of Survivorship,
hereinafter referred to as the "OWNER ", this 21' day of September, 2010, shall hereby hold harmless, defend and
indemnify the City of Cupertino, hereinafter referred to as ' CITY ", and its officers, officials, employees and
volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and
fees of litigation) of every nature arising out of or in connection with the OWNER's use of that portion of public
right of way that is located between the back of sidewalk adjacent the westerly portion of the property and the
westerly property line of the OWNER's certain real property situate in the County of Santa Clara, State of
California, and specifically described as follows:
SEE ATTACHED EXHIBIT "A"
This Hold Harmless Agreement is made for the benefit lot within the above described legal description and shall
bind the owner of said lot within said legal description.
OWNER and CITY hereby agree this Hold Harmless Agreement runs with the land and is binding on all
subsequent occupants including but not limited to purchasers, heirs, successors, lessees and assignees and that
this Hold Harmless Agreement will be recorded.
The parties further agree that nothing contained herein shall affect the status of this property as right -of -way
owned by the CITY.
This language is intended to clarify the intent that the agreement will run with the land, thereby
being applicable to successors and assigns of the current owners.
Prepared by: Glenn Goepfert
Reviewed by: Glenn Goepfert for Public Works
Attachment: Exhibit A
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California,
County of Santa Clara, City of Cupertino, described as follows:
LOT 39, as shown upon that certa:_n Map entitled, "TRACT NO. 3442
OAKDELL RANCH," which Map was fi:ed for record in the office of
the Recorder of the County of Santa Clara, State of California,
on August 22, 1963 in Book 165 of Maps at Pages 30 and 31.
EXCEPTING THEREFROM the underground water or rights thereto,
with no rights of surface entry, as granted by Duc & Elliot
Builders, a partnership, to the City of Cupertino, a municipal
corporation, by instrument dated August 22, 1963 and recorded
September 10, 1963 in Book 6183 of Official Records, Page 407.
APN /ARB: 326 -39 -056
End of Legal Description