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13B JC Penney Parking DRAFT RESOLUTION NO. 06-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT WITH CUPERTINO SQUARE, LLC, 10123 NORTH WOLFE ROAD,' SUITE #EPS4 (l.C. PENNEY PARKING STRUCTURE), APN 316-20-037 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Cupertino Square, LLC, 10123 North Wolfe Road, Suite #EPS4 (l.C. Penney Parking Structure), and said agreement having been approved by the City Attorney, and developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of November 2006, by the following vote: V ote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino /313-/ Resolution No. 06-184 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Cupertino Square, LLC LOCATION: 10123 North Wolfe Road, Suite #EPS4 (l.C. Penney Parking Structure) APN 316-20-037 A. Faithful Performance Bond $ 559,644.00 B. Labor and Material Bond $ 559,644.00 C. Checking and Inspection Fee $ 33,578.64 D. Development Maintenance Deposit $ 2,000.00 E. Storm Drainage Fee: Basin 2 N/A F. Street Light - One-Year Power Cost N/A G. Map Checking Fee N/A H. Park Fee: Zone II N/A I. Reimbursement Fee N/A /3 B-2-