CC Resolution No. 3172 , ~ ~ .
ltE.'S(ZLU? IO~K' NO . 317 2
A 1t~QL1JTIUN 0~' TH£ CI'x'1' GOLII~+CYL OP THB C'lT.Y fJl GiJ~'ExTIJSO
AUTH(l~tIZING THE E.+C~C'~'~~A~T (.?:E' A CCIC~PERA;~:;,V'~' T'A~i.K AR~
ACREF;MENfr B~TiiF.F.si ',CH1: C,".:fY t)~ CUPE.RT'~,NU .~1.IV'D 7f3E
, PACI~'IC G~AS A,1"~[R EI.~:t;TRIC CU.~IPANY
IJBEREAS, the Pscific Gas xnd ~lectric: Campany i: the cKrrte~t
of a certain parcel nf land, within the corporate li~?ita of th~
Gity of CuperCino, which the City desii'es to devE:lop as a park;
aad
k'HE~tEAS. th~re has baF-n pxesenCed tn the Ci[y Council a
Gooperative E'ark Area Agre,~enC between the ]?ACific Gas and Electr~~
Compa~ny anc~ the City of CuperCino describing sa~i~l parcel of l~nd
and ~etting farth rhe pr~avisions for thc cleval~pr~ent of the park;
and s~id a~reecnp:nt havfx~g been approved by the Direr~or of Public
~lorks ana the Cit ~ ~tttr,rney;
Sl7W, Tli~REFORE, fil~ IT RFSOL'~'~ th.it thc "Sn~~or and the City
1;lerk arc hereby auti?orized ta execu[~ th4 r~~ree~ent herein
ieferred tn in behalf the City of CuperCino.
P~SSEI) A,4T1 .tTrOPT~U at a regular meeting of t'ae City (:auncil of
thc Citt of Cupex[in~ this 6th clay o[ ^pecesbrr 19 71 , by
the followirtg vate:
A'Y~5: Councilcr.~n ~ g~txxerald, Frolich~ In+in. Stok~~, No~l
N10ES: Council~sen -
AHSE.'~fT: Counci~cen - ~~e
i
AT'T~ST: APPROVk.U:
~ ~J
~ ~ +r~
CiCy Clerk Mayor, ity of Cupertino
M
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COOPERATN L PARK AREA AGREFTi?-NT
RECITALS:
PACIFIC GAS AIND ELECTRIC COMPA.`.l' (PACIFIC), a Callfornin corporation, owns
a parcel of land suitable for park develoment within ti -.c corporate Ifaits of
the City of Cupertino, State of California;. on the southerly sie!• of the inter-
section of Stevens Creek Free av and Junipero Sierra Freeway and described as
follows:
The portion of the parcel cf land described and designated
PARCEL 1 in the deed fro= the State of California to PACIFIC dated
September 4. 1964 and recorded in P,00k 6662, twee 457, Santa Clara
County Official Records, ivin. on the northwesterly Nide of a line
feet northwesterly of the ;post northwesterly part of the structure
of PACIFIC'S tower 0/3 and parallel with the nortirrestetriy face of
said tower.
Tne CIT`.' OF CCPERTINO (CITY). a municipal corporation, acting by and
throagh its council, now desires to d,-vclop a park on slid lands and adjoining
lanrs primarily for the benefit ai t`.e resid:nts of t! --c nrighborhood. To
provide for the devela{--nent of the ;x;rtiers os t]•c ;ar;. ::Ellin said parcc-i of
land (hereiraf ter referred to as "tl.e pari: arca"). ar.d to fix chicit respective
rights and oal iFat ions with respect t. ft. PACIFIC .i::;'. CITY hereby agree as
fol laws
AG RE VvENT :
1. PACIFIC hereby grants to CITY an easvner♦t for the use of the park area
for the purposes of landscaping. develoaing„ and maintaining the sa=e, and of
installing, maintaining, and using playground and other recreation facilities
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thereon; provided, however, that CIT -f shall male no entry hereunder, accept
for planning purposes, until Crit has developed and PACIFIC has approved
detailed plans depicting all improvements to be installed in the pLrk area.
2. CITY shall, at its own expense, make any and alt installations necessary
for the protection of and access to PACIFIC's facilities installed in the park-
area.
arkarea. In the event" that access installations include gates in fencer installed
by CITY or in the evert the installations for the protection of PACIFIC's facilities
shall contain gates, then such gates shall be provided with latching devices that
may be fitted witl` multiple locks so that each party may install its own lock and
open such gates independently of the other party.
3. CITT shall, at its own expense, develop the park area in-tccordynce with
the plans referred to in pa ragr"ph I and 2 above.
4. All. chain link fences or any other -metallic enulpment installed by CITY
shall be grounded in accordance with rACIFIC's established standards,
5. CITY ,hail, at its own exrenNe, maintain the part: .artier dt,rinr, the: life
of this agretment at the level of P.7 -CF -.C's established maintenance stzndard.-4
for similar develoix-neniN.
6. The pians shall provide for :-,o trees in the park area which, :at nx�turity,
will grow within fifteca (15) frit of the conductors suspended from PACIFIC'.
steel structures. Should any tree, plan ted in the Nir►: area L;roar cIot,er to such
conductors than the clear.,Pces spec:f ie4: in this paragraoa, %wfheEher to conductors
now existing or hereafter installed as providt-d for iiaparagraph 7 ha; low, CITY
shall trim such trees, er any to conforn to the aforesaid Clearance
requirements. If CiiY shall fail to tri= any such trrc as aforc5ei?. PACIFIC
shall perforin such ti -x- ri at the expense of CITY.
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7. In the course of landscaping the park area, th? vertical ground clearances
beneath any of said conductors shall not be reduced to less than thirty (30) feet.
In developing the park area, no playground equipment or facility shall be installed
that exceeds a height of fifteen (15) feet.
8. Notwithstanding anything to the contrary herein contained, the development
and landscaping of ti -i park area shall at all times conform to the minimum re-
quirements as to wire clearances as set forth in General Order 95 of the Public
Utilitiez Commission of the State of California as such requirements now exist
or may hereafter be amended.
9. CITY's right to develop, maintain and use the park area under this
agreement shall at all times be subject to the prior and continuing right and
obligation of PACIFIC to use and maintain its facilities in the park area in the
performance of its duties as a public utility, and is further subject to the
right of PACIFIC, without liability or obligation to CITY, except as provided
in paragraph 10 below, to replace, remove, alter, or reconstruct its facilities
in the park arej, or place them underground, .,r to install any other facilities
in the park area, whether overhead or underground, whenever in the interest of
its set -vice to its patrons or consumers, it shall appear necessary or desirable
so to do.
10. PACIFIC shall repair any damage to the park area, including the lawns,
shrubs or trees, or the sprinkler or irrigation system, or any other improvements
installed in the park area by CITY under this agreement, resulting from PACIFIC's
operations therein except as follows:
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(a) If PACIFIC shall place any overhead electric line underground
at the request of or on the demand of CITY, or to satisfy any ordi-
nance adopted by CITY, the costs of restoring the park area to its
cone.ition existing immediately prior to such work shall be borne by
CITY.
(b) If PACIFIC shall place any overhead electric line underground
in order to satjs`•r any statute, ordinance, rule, or regulation of
any governmental body or authority other than CITY, the costs of
restoring the park area to its .,ndit.ion exis-ing immediately prior
to such work shall be borne equally by PACIFIC and CITY.
11. CITY shall indemnify PACIFIC, its officers, agents and employees, against
all loss, danage, expense and liability resulting from injury to or death of
person, including but not limited to employees of PACIFIC or CITY, or injury to
property, including but not limited to property of PACIFIC or CITY, arising, out
of or in any way connected with CITY's operations hereunder, excepting only such
injury or death as may be caused by the s.,le negligenuz or willful misconduct of
',W'IFIC. CITY shall, on PACIFIC's request, defend any suit asserting a claim
covered by this indemnity. CITY shall pay any costs that may ')c, incurred by
PACIFIC in enforcing this indemnity.
12. CITY shall procure and maintain in affect durinr; the term of this agree -
mens insurance for both bodily injury liability (inclu,+ing automobile) in the
limits of 5300,000/$300,000 for injury to or death of one ^r more persons as a
result of any one accident or occurrence, and property damage liability (in-
cluding automobile) in the limits of $300,000 for damage to property resulting
from any one accident or occurrence. Such insurmice (1) shall guarantee CITY's
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performance of the indemnity obligation under paragraph 11 above and (2) shall
be eudorsed to (a) include PACIFIC as an additional named insured insofar as the
use by the public of the development, maintenance and use by CITY, its agents,
employees or contractors, of the park development under this agreement are con-
cerned, (b) contain a cross liability for severability of interest clause,
(c) provide that notice shall be given to PACIFIC at least 30 days prior to
cancellation or material change in the form of such policies and (d) nullify
any clause in such insurance excluding; liability assumed under this agreement.
CITY shall furnish to PACIFIC price to CITY's entry on the park area under this
agreement, and within not more than 30 days after execution thereof, certificates
of insurance together with copies of the endorsements required herein. PACIFIC
shall have the right to inspect the original policies of such insurance.
13. For the purpose of this agreement any contractors performing work hcre-
under. for CITY shall be deemed the agents of CITY and not of PACIFIC.
14. CITY acknowledges PACIFIC's title to the park area and agrees never to
resist or assail the same foy anv cause arising out of CITY's occupancy of or
activities in the park area during, the life of this agreement or any renewal
hereof; provided, however, that nothing, in this paragraph shall he construed
as an impairment of CITY's rit;tit to acouire propert�.1 by proceedings in eminent
domain.
15. 1T.e term of this agreement shall be twenty (20) years from and after
the date hereof, and thereafter for successive periods of five (5) years unless
or until terminated at the end of said twenty (20) years or at the end of any
said five (5) year period by either party giving the other one (1) year's
advance written notice of such r_e urination.
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16. In the event CITY shall cease to maintain the park area, all rights
granted CI EY hereunder shall terminate. CITY, upon the termination of the
rights hereby granted and at the written request of PACIFIC, shall enecute
and deliver to PACIFIC a good and sufficient quitclaim of said rights. Should
CITY fail or refuse to deliver such quitclaim to PACIFIC within ninety (90) days
after written demand therefore, PACIFIC may execute and record a written notice
reciting such termination and CITY's fail,re or ref'+isal and, after ten (10) days
from the date of recordation of such notice, it shall be conclusive evidence of
the termination of said rights against CITY and all persons claiming under CITY.
17. Upon termination of this agreement CITY shall remove any and all equipment
from the park area. If CITY shalt fail or refuse to make such removal, then
PACIFIC shall remove such facilities at tip expense of CITY. All other improve-
ments installed in the park area by CITY hereunder shall become the property of
PACIFIC.
The foregoing grant is made subject to all liens and encumbrances which
may affect the park area and the word "grant" as used herein shall not be deemed
to be a covenant against the existence of any thereof.
19. Time is of the ess.:nce of the provisions hereof..
20. This agreement shall inure to the benefit of and bind the reopective
successors and assigns of PACIFIC and CITY.
Dated .
I
PACIFIC CAS AND ELECTRIC COMPANY, a
California Corporation
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----- MAMMtR Lm ULPARIM
And By /
CITY OF CUPERTT' , a Municipal Corporation
By
Mayor
At t ps t
City C1Er'
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