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CC Resolution No. 04-378 RESOLUTION NO. 04-378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, EVERSHINE VI, LP., A CALIFORNIA LIMITED PARTNERSHIP, MARKETPLACE SHOPPING CENTER, APN 369-06-009 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Evershine VI, LP., a California Limited Partnership, for the installation of certain municipal improvements at Marketplace Shopping Center and said agreement having been approved by the City Attorney, and Developer 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 16"' day of August, 2004 by the following vote: Vote Members 2fthe Q!y Council AYES: NOES: ABSENT: ABSTAIN: Kwok, Lowenthal, Sandoval, Wang None James None ATTEST: .~ Ci~~ ti/Þ1 / Vice-Mayor, City of Cupertino Resolution No. 04-378 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Evershine VI, LP., a California Limited Partnership LOCATION: Marketplace Shopping Center APN 369-06-009 A. Faithful Performance Bond: $ 75,025.00 SEVENTY-FIVE THOUSAND TWENTY-FIVE AND 00/100 DOLLARS B. Labor and Material Bond: $ 75,025.00 SEVENTY-FIVE THOUSAND TWENTY-FIVE AND 001100 DOLLARS C. Checking and Inspection Fees: $ 3,75 ¡ .00 THREE THOUSAND SEVEN HUNDRED FIFTY-ONE AND 001100 DOLLARS D. Development Maintenance Deposit PAID E. Storm Drainage Fee: PAID F. One Year Power Cost: N/A G. Street Trees: By Developer H. Map Checking Fee: "J!,A, I. Park Fee: N/A J. Water Main Reimbursement: N/A K. Maps and/or Improvement Plans: As specified in Item #21 of agreement