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CC Resolution No. 8818RESOLUTION NO. 8818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF "AGREEMENT REGARDING ENCROACHMENT PERMIT" BETWEEN JAMES L. KASCHMITTER AND THE CITY OF CUPERTINO FOR THE ENCROACHMENT INTO CITY PROPERTY FOR TEMPORARY USE --BLACKBERRY FARM WHEREAS, there has been presented to the City Council an "Agreement Regarding Encroachment Permit" between James L. Kaschmitter, hereinafter referred to as "applicant" and the City of Cupertino, providing for the encroachment upon city property located at the Blackberry Farm adjacent to Stevens Creek by the applicant; and WHEREAS, applicant's property is located adjacent to City's property and applicant requests to use of that certain portion of City's property on a temporary basis; and WHEREAS, the terms and provisions of the aforementioned agreement have been received and approved by the Director of Public Works and the City Attorney. NOW, THEREFORE, BE IT :RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned encroachment permit and authorizes the Mayor and the City Clerk to execute said document on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of January , 1993, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Sorensen, Szabo NOES: None ABSENT: Koppe I ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk APPROVED: /s/ Nick Szabo Mayor, City of Cupertino va Q Do DIJ.55w :, G k, A -1414TO IDS a ZiDIv 'This Agreement made and entered into this ( �It, day of 1992 by and between the City of Cupertino, a muruci'Tpal corporation of the State of California, hereafter designated as City, and hereafter designated as owner. WITNESSETH WHEREAS, Owner is the owner of certain real property known as G 3 4Z-- ;GEN t Citi Q . , APN No. S 7ip - Qg- pZ9 , more particularly described as: see attached plat map & legal description WHEREAS, the City is the owner of Blackberry Farm property which is adjacent to the owner's real property and contains the existing Stevens Creek. Said City's property is shown in the attached plat map, and WHEREAS, City has no present use for that portion it owns and owner wishes to utilize said portion on a temporary basis, and WHEREAS, owner has made application to City for an encroachment permit to construct and maintain certain temporary improvements within said property and City wishes to allow owner to utilize said portion on a temporary basis, but also wishes to retain the right to utilize the portion for public purposes in the future. NOW, MEREMRE, it is hereby agreed between the parties as follows: 1. The City agrees to issue its surd encroachment permit to owner to construct and maintain temporary improvements under the conditions and restrictions contained herein. 2. All improvements constructed or maintained by owner on City's property shall be temporary in nature (lined swale). No permanent structures including, but not limited to, buildings, swimming pools, sidewalks, or tennis courts shall be permitted. 1 3. During the term of said encroachment, owner shall hold City harmless from any claim made by any person, including owner, for personal injury or property damage resulting from the owner's use of said property including, but not limited to, claims resulting from land subsidence, earthquake, avulsion, accretion, erosion, flooding, or other dangerous condition. Owner agrees that in the event of any claim by any third party is made against City regarding owner's use of said property, owner shall indemnify and defend City with respect to said claim. 4. Owner agrees to add City as an additional insured on its homeowner's liability policy which shall be for a face amount of at least $1,000,000.00 and shall provide City with a copy of said policy together with all endorsements thereon. Owner agrees to maintain liability insurance in said face amount with City as an additional insured during the entire period of the encroachment permit. 5. Said encroachment permit may be revoked by City at any time for any reason upon 30 days written notice. Upon receiving notice of revocation issued by City, owner shall, at its sole cost and expense, remove all improvements within the City's property. If owner fails to remove said improvements within the 30 day notice period, City may enter owner's property and remove said improvements and bring civil action against the owner for recovery of its costs of removal. In the event that such a civil action is brought to recover costs of removal, City may recover its legal costs including reasonable attorney's fees from owner or owner's successor -in -interest. 6. This Agreement binds the parties, their heirs, administrators, executors, successors, assigns, and their successors in interest. This Agreement is intended to be a covenant running with the land of the owners and shall be recorded in the Office of the County Recorder of the County of Santa Clara, State of California. IN WITNESS WHERBOF, City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said owner has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPPRTINO Approved as to f ��- • Mayor ity Attor6ey City Clerk IkVW z �V� Ow�� By: All signatures require notary acknowledgment. E rhi.bi.ts "A" 2 SE ACKNOWLE State of CSL/ Fn �✓ /fl County of On o--/– 91 before me, A& -46w k. /1/0Z�, ),, DATE NAME, TITLE OF OFFICER - E.G., "JJCNE DOE, NOTARY PUBLIC" personally appeared ak2sac4 ,9f;�cIlIyizsziQ NAME(S) OF SIGNER(S) ❑ personally known to me - OR -proved to me on the basis of satisfactory evidence to be the person(er whose name(e is/arm subscribed to the within instrument and ac - OFFICIAL SEAL knowledged to me that k�/she/Uk ey executed HELEN K. YATES the same in 4i-r/her/-tk� authorized Notary Fubllc-Califoml° capacityJriesj, and that by b4es her/UK.4r SANTA CLARA COUNTY si nature on the instrument the person My Commistion Expires 9 p (Aj May 19, 1995 orthe entity upon behalf of which the person) acted, executed the instrument. Witness my hand and official seal. NOTARY NO 209 CAPACITY CLAIMED BY SIGNER K INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) .5cL/0�' ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document " MUST BE ATTACHED g TO THE DOCUMENT Number of Pages Date f Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above (FS /7 ENERAL ACKNOWLEDGMENT ),s State of County of ©1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave. - P.O. Box 7184 - Canoga Park, CA 91304-7184 On this the SS. GANELLE BRAJKOVICH COMM. #840780 W NOTARY PUBLIC - CALIFORNIA y ALAMEDA COUNTY My Comm. Expires AugusT2, 1"3 NO. 201 19! b fore me, the undersigned Notary Public, personally appeark A�seAM/ ��� ❑ personally known to me roved to me on the basis of satisfactory evidence to be the per,ao, %A vhose namel( � subscribed to the within ins urryes t, and acknowledged that WITNES h nd and official seal. Notary' Signature ATTENTION NOTARY: Although the information requested below is OPTION4, t could prevent fraudulent a ache THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above J . NATIONAL NOTARY of �� executed it. of this certificate to another document. 8236 Remmet Ave. -P.O. Box 7184- Canoga Park, CA 913D4-7184 EX9181 r A LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Being all of Lot 28, as said Lot is shown on that certain Map entitled, "Map of Monta Vista Park", filed for record in Book "P" of Maps at page 19, Santa Clara County Records. TOGETHER WITH that certain portion of Riviera Road as said Road is shown on that certain Map entitled, "Map of Monta Vista Park", filed for record in Book "P" of Maps at page 19, Santa Clara County Records described as follows: 1) On the North bounded by the easterly extension of the northerly line of said Lot 28 of said Monta Vista Park. 2) On the South bounded by the easterly extension of the southerly line of said Lot 28 of said Monta Vista Park. 3) On the West bounded by the easterly and northeasterly line of said Lot 28 of said Monta Vista Park, and 4) On the East bounded by the easterly line of Riviera Road of said Monta Vista Park. EX hal ,Bl T B �L 90, J�j IN 8 9° 5-1'W _/22' oa I N 89'53 A/ /oo. IZ j 40 o KIRKEBY ENGINEERING CORP. 10950 N. Blaney *&*. CuWtlna, CA. 98014 (408)252 -%go PLAT TO ACCOMPANY BCSCR/PT/ON ENCROACNMEN T PERMIT - Loi 20, "MOP of Manfo Vinto Pork"gnGiPoi-Tion o-/' forme' Riviera 9d, OU mina C01Y Scab: P-40' ate: OCT. /99Z lJob No.