CC Resolution No. 5866
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RESOLUTION N0. 5866
' A RESOLU'I'ION OP 7'FIL•' CI'CY COUNC[L OF 'I'IIE CI'I'Y OP CUPERTINO
AU'CIIORI7.INC EXECUTION OF AGREEPIENI' [iETWEEN TIIE CITY AND
VALLCO PARK PROVID[NC FOR Tf1E MA1N'PENANCE OF FOUNTAINS ON
~ [JOLFE ROAD BEPWEF:N VAI.LCO PARKWAY AND STATE ROUTE
280
I lJIIEREAS, Vallco Park and the City of Cupertino desire to share the
maintennnce costs for the foun[ains on Wolfe Road between Vallco Parkway
; and State Ro~te 280; and
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! IJHERI•:Ati, there lias bcen pre5ented to the City Council an agreement
; se[ting forth [he maintenance cc~sts ro be paid by e3ch p,~rty, and the terms
' and provisions of s~ld agreement have been appraved hy the Director of Public
Works and the City At[urney.
NOtJ, THERF.FORF,, IIF. IT RESOI,VGD [hat the Mayor and the Ci[y Clerk are hereby
authorized to execu[e the aforementioned ~greement in behalf of the City of Cupertino.
PASSEU AND AUOpTF.D at n regular meetinF of the City Council of [he City of
Cupertino [his Uth day of ~tay , 1982 by [he following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers~ Sparks
NOF.S: None •
ARSENT: Nonc
ABSTAIN: None
ATTF.ST: APPROVED:
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City Clerk ~ Mayor, City o p rrino
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~ A C R E E Pf E N T '
THIS AGREfP1EN'f, entered tnto by and between the CITY OF CUPER'tINO, a
Ptunicipal Corporation of the State of California, herein called "Cupertino",
and VALLCO PARK, I~erein called "Vallco";
W I T N E S S E T H
WllERCAS, Vallco and the City desire to share the maintenance costs for
' the Wolfe Road Foun[ains between Vallco I'arkway and State Route 8280; and
Wf1EREAS; i[ is ti~e desire oC both parties to herein fix the maintenance
costs paid by each;
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NOW, THERIiFORE, in consicteraCion of the mutual covenants, terms and
condittons herein contained, the pnrties hereto agree as follows:
! Vailco agrees:
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1. To pay all costs for the ordinary daily main[enance, including all
labor, paris, supplies and services. ,
City agrees:
1. To pay ~11 clec[rical energy costs to operate [he fountains seven[y
(70) hours per week.
j 2. To ~.~y all cos[s including parts and labor for REPL~1CtitIGNT of any
componen[s of [I~e sys[em including, hut not limited [o the following: pumps,
lighting, and elec[rical controls. -
IT IS HERF.BY AGREEA between the pnrties that Vallco will notify the
City when it is necessary to replace any component of the system.
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'Ctie City ~vitl h~ve thc optlon of having the work done or authorizing
Vallco Co do Chc work.
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IT IS IiERG6Y FURTHGR ACREEU 6etween the parties that the City's,costs
as outlined in this AGRI:EMEN7' are to be taken from the iinvironmental Impact ~
Fund.
'CHIS AGREEML:NT will remain in effect and fuli force until 1992.
IN WLTNESS W}IF.RrOF, the parties hereco have caused this AGREEMENT to ~
be ev.ecuted by ttie City of Cuper[ino pursuant [o Resolution No.
passed and adopted on the day of , 1982.
' CITY OF CUPERTINO
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Approved as to form: ~fayor
By:
City Attorney City Clerk ,
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( VALI.C~ PARK '
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Ay :-1L' jt.~.GLi / - G~N
Ticle: c,.~
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