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CC Resolution No. 5282 I ~ ~ ~ ~ RESOLUTION N0. 5282 ~ A RESOLUTION OF THE CITY COUNCIL OF TkIE CITY OF CUPERTINO ~ AUTHORIZING EXECUTION OF SUPPLEMENTARY AGREatENT TO IMPROVEMENT AGREIItENT FOR TRACT N0. 6767, CARDENVIEW TERRACE, LOCATED AT CARDENSIDE LANE AND CLEO AVENUE BE IT RESOLVED that the Supplementary Agreement for Tract No. 6767, Gardenview Terrace, Located at Gardenside Lane and Cleo Avenue,.is hereby approved and the~ Mayor and the City Clerk are hereby au[horized to execute said agreement in behalf of the City of Cupertino. Said agreement adjusts incidental fees in accordance with the Below Market Rate Program and finalizes the condemnation depoeit Provided by the developer for street acquisition. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5[h day of MaY , 1980, by the folloving vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, 0'Keefe ~ NOES: None ABSENT: None ABSTAIN: None I ATTEST: APPROV : , ~ rl- , ~ ~ ~/~,1--~-~ City Clerk Mayor, City of Cupertino I 1 . • ~ ~ ` ~GREEt~NT (Supplementary) ' TO TRACT 6767 The Developer, Gardenviy? T~rrace, a limited par[nerahip agrees to wit: 1. To deposit with the City an amount adequate and sufficient to cover [he costs of acquiring street right-of-way in order to comply with the conditLons of approval of the City Council of the City ~i uf Cupertino (22-TTS-79) . ' A. Said costs outlined herein above shall include all costs including i but not limited to the costs for attorneys. court expensea, the land itself, all appraisals and any and all incidential cos[s shall also be borne by the Developer. Said amount shall be ad,justed [o cover only the actual costs involved. ~ The City of Cupertino, a California corporation, agrees to wit: ~ L. The City agrees [o proceed at the Developer's expense and condemn/ acquire ti~e proper[y necessary to develop proper and sufficient access to tha subject tract. i . 2. The City agrees [o reduce certain subdivision fees because of the . Lnclusion of Below 4tarket Residences. The new fees are: A. Checking and Inspeccion $ 9,367.00 B. Indirec[ E~:penses 1,389.00 C. Storm Drainage i,623.00 D. Park Fees 71,794.00 AGREEMENT CA:iCLUDED OV TtiIS DAY OF ,1980. B ~ ~ ~n'-7i~~' ~ S ` 1 Deve~ Mayor ' l s ~ City Clerk iApproved ns to form: . ~ ~ `City Attorney . ~ ~ • ~ STATE OF CALIFORNI.1 ) ~ ) ss. ' COUNIT OF SANTA CLARA) On , 1~, before me, the uadersigned, a Notary Public n and for said State, personally appeared ~l.~+i ~C~ . A. '~'l-C~~ , I known to me to be che persons hose names~re subscribed to the within ~ Instrument, aad acknowledged to me that they execu[ed the same. I WITNESS my hand and official seal. ~ ~i"~~..~.~aa~.ria.~axr..~i.~±.2a~1 ~ -2'.~"~ I ~ OFFICI:~L tiF.AL 'I l~ ' . SANDRA fARIA ~ ~ ~ ~ J~ _ ~ MOT~RV P~lf{~IC CALIFORNIA Notdry Pub1iC in and for the CounCq ~ ti't C_ STNfA CUR~ l'OUNTY '4" Yy Commis:iun F~pimJun~O,IN7 Of $SRt8 Clara, $CdtE of California , 4+,r'r"..e'lt.+..~'.rrr..,::..:ay-.+.r~,.Y~.~`.r~~.a I I ~~r~~~~~~Mr~N~~~~~~~~~~~«N~ i ~ CORPORATION ACK:JOSTLEDGE*fENT ~ STATE OF CALIFOR~IL1 ) ) ss. COUNTY OF S.1NTa CLe1RA) On , 19 , before me, the undersigned, a :Jotary Public in and for the said State, personally appeared , known to me ' to be the of . the corporation that executed the within Instrument, known to me to be the person who executed the within Iastrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. ' IN WIT,IESS WHEREOF, I have hereunto set my hand and affixed my official ~ seal in the County of Santa Clara the day and year in ehis certificate first above written. Notary Public ia and for the County , of Santa Clara, Stata of Califoroia