CC Resolution No. 02-092RESOLUTION NO. 02-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF PEDESTRIAN PATH AND MAINTENANCE
AGREEMENT AND NOTICE OF PERMISSION FOR PUBLIC USE UNDER
CALIFORNIA CIVIL CODE SECTION 1009(D); DEVELOPER, RWC, LLC,
10120 IMPERIAL AVENUE
WHEREAS, there has been presented to the City Council a proposed Pedestrian Path and
Maintenance Agreement and Notice of Permission for Public Use, between the City of Cupertino
and RWC, LLC, for construction of a 5-foot wide pedestrian path over a portion of the Office
Park Parcels as specified in said agreement; and
WHEREAS, RWC, LLC agrees to grant to the City of Cupertino a non-exclusive
easement as described in Exhibit A-1 of said agreement; and
WHEREAS, public use of the easement area shall be terminable in accordance with the
provisions stated in said agreement and under California Civil Code Section 1009(d); and
WHEREAS, the City of Cupertino assumes the obligation to maintain, repair and replace,
as necessary, each and all of the improvements comprising the path.
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 20th day of May, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Chang, James, Kwok, Sandoval
None
None
None
ATTEST:
City Clerk
Mayor, City of Cupertino