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79-009 Agreement for San Jose - Cupertino Municipal ReorganizationAl*lft, C ; :• a!^,"^ a -`tit 17: a="1Fj-e"•?;^` gr f..er ,' v .._ n h£wh P'OR y ,F S101 JOSE CUk1s:RTIN0 MUNICIPAL REORGANIZATION' March 27 AGt'.E£t-iE.2 dated for convenicncf. 1979 between the C'1,7,Y OF Stu1 JOSE, it municipal corporation of the State of California, hereinafter "5tin Jose") and the CITY OF C:UPERTINO, a general law city hereinafter "Cupertino") , h' I T N E S S '' T 1! RECITALS I. Preliminary proceedings are now pending before the Local Agency ormation Commission of Santa Clara County (hereinafter "LAFCO" or "COM- Missien") for (a) a municipal reorganization pursuant to the Municipal nization Act o£ 1977 (hereinafter "MORGA") for the detachment of ter- i ritory from San Jose and its annexation to Cupertino, and concurrently and simultaneously, (b) a reorganization pursuant to the District Reor- ganization Act of 1955 (hereinafter "DR_A") for annexation of such terri- tory to the Midpeninsula Regional Park District, the Central Fix Dis- trict, the Cupertino Sanitar,, District, and its dr-tachment from San Josf.r' to the extent not presently included in any such District. II. In the event the Commission, pursuant to such Acts and in such preliminary proceedings approves reorganizations o_` those territories, ose exterior noundaries, as amended from petitions now pending in the preliminary proceedings, are delineated on the document mark-' _xhibi.t A* bated April 4, 1979 entitled: Yap Delineating Exterior Boundaries of Reorganizations: San Jose/ Cupertino/,midpeninsula Park District/Central Fire District/Cupertino Sanitary District", six original counterparts of which are on file in the office of the Com- n.15sion' s Executive Officer and of the Clerk of each city and district affected, the carties hereto desire to set forth the covenants, conditions, Ftrictions, limitations and other provi:,.ions whose substance will be cor ,orated in any Commission resolution risking determinations approving and prescribing the terms and conditions thereof. emu• f i iW t it. i. 1 NOW,THIEIjrFORE, for and in -co?as'J-dk,1.-at ion of the! COVC_'11LG't.`- all.d aUrv(anertf.a h.ircinafter act forth, and subject to the conditions, terms and provision:: heruot, the parties mutually agree as follows: PART I GENERAL 1.01 . OPE'.HATIVE DATES. For the purpose of this agreement, the terra effective date shall, when used in refere,ice to this Agreciiicnt or any part herenf mean (a) the date specified by month, clay and year therefor (herein- after "specified date") , or, if there is no different specified date, the later of the following: (b) at 12:03. A.M. on July 1, 1979 hereinafter initial date") , or (c) such date thereafter (hereinafter "deferred date") as the reorganizations described in this Part I become effective after com- pletion in accordance with the respective enabling Acts under which prey urinary proceedings were commenced, subject in all events however to the provisions of this Agreement. 1.02. PARTIESIINTENT; CONDITION PRECEDENT. The parties hereby set forth their express intent, and it shall be a condition precedent to the existence of the effectiveness of this agreement and. to any covenant or agreement herein set fort.i or any condition, restriction, limitation or other provision othervise imposed on either party that: A. this Agreement shall have no force and effect whatsoever until and unless the Commission, solely in those preliminary proceedings un- der the District Reorganization Act. relating to the District's above- mentioned in the RECITALS, and under the Municipal Organization Act re- lating to the parties, concurrently and simultaneously approves reorgani- zations of those territories whose amended boundaries are described on EXHIBIT A, upon the following terms and conditions, all of which shal). be conjunctively applicable: 1. the municipal reorganization of San Jose ard Cupertino within the amended territory boundaries shall be- only in accordance with this Agreement, and shall not impose any requirement on either party other than as set forth herein; and 2. where written consent or appro..,al is required by any v..ist- ing contract or agreement to which San Jose is a party, that the governing body of the City of Santa Clara, Sanitation District No.4 and of any other affected public agency whose consent or approval is so required, shall have provided such written consent prior to the Commission's order approving such municipal reorganization; ai'd 3 the reorganization whereby territory within the amended terri- tory boundary is detached from San Jo.,;e and annexed to the Central Fire District shall be only in accordance with the existing agreement be- tween the City of San Jose and the Central Fire District dated August I6, 1977 __, and entitled "Agreement Pctwccn the City of San Jose and the Santa Clara County Central Fire Protection District Providing For. the Furnishing by City of Certain F,.rc- Services 11ithin A Portion of the Servica Area of Said District" as amended by attach- ed Exhibit A-1 dated January 22, 1.979 Pnd shall not impose any require- ment on the City of San Jose other than set forth therein; and R.3/1/79 2- R.3/27/79 4. the reorganization whereby territory within the amended territory boundary is detached from San Jos: and annexed to the Cupertino Sanitary District shall be only in accordancor- with an Agreement dated for convenience and entA tled Agreement. for Cupertino Sanitc.r.y District-San Jose Reorganiza- tion", and shall not impose any requirement. on the City of San Jose nor upon the: Cupertino Sanitary District other than as :get forth therein; ar-? 5. where written consent or approval is required by any existing contract or agreement to which San Jo.e is a party, that the governing body of the City of Santa Clara, Sanitat.ior District No. 4 and of any other affected public agency whose consent is re- quired, shall have provided such written consent prior to the Com- mission's order approving such Cupertino Sanitary District - San Jose Reorganization. B. and this agreement shall have no force and effect whatsoever unless, in such proceedings as are mentioned in A above, the Conunis- sion shall have determined that the reorganization and municipal re- organization are integrated and interdependent; and such reorganization and municipal reorganization are not approved if,by June 30, 1980 , not. all such annexations and detachments as comprise suc oorganl -_ ti<_n and municipal reorganization have been approved by the Commis- sion and the conducting agency or authority designated, or where an election is required for any such approval, by the applicable elec- torate under law. C. and, in the event all conditions in A and A have occurred, this Agreement shall remain without force and effect until and unless each conducting agency and/or conducting authority designated by the Com- mission to conduct bearings on and approve said reorganizations under the respective Acts hereinbefore nentioned, does any of the following, solely in proceedings initiated by each such agency or authority pur- suant to the Commission resolutions making determinations in the here- inabove mentioned preliminary proceedings, as modified herein: 1) Concurrently and simultaneously approves and orders both the reorganization and municipal reorganization for all annexations and detachments described herein, without an election, after making such findings under the Acts as will require no election for any annexation or detachment in such proceedings; 2) or concurrently and simultaneously, where it makes findings determining that each such annexations and detachments require an election, the conducting agency and conducting authority ordcL such reorganization subject to confirmation in an election in accordance with law and with the LAFCO resolutions and this F:greement; 3) or, concurrently and simultaneously: (a) approves and orders the municipal reorganization or one or more of the annexations or detachments in the organization proceeding after making such find- ings as will require no election for any annexation or detachment therein, but (b) as to any proceeding or portion thereof which re- quires chat an election be conducted, such conducting agency or con- c ti:.; authority orders the reorganization subject to confirmation in an election in accordance with the respective .Nct applicable. Provided ho:ever, that if any such annexation or detachment as are Included ,.ithin the reorganization or municipal reorganization are required, upon a hcaring before tnc conducting agcn:.• or. conducting authority: to be terminated under law, this Agreement shall immediately terminate without further act of either party and without i•:~ or liability cf either i.ar.ty to the other. 3- And providc3 further that, whore the cond'cting agency or conducting authority is required by applicable law to ordr-r the reorganization or rr:anicipal reorganization subject to confir:nation at an election, each agency or aut'rarity shall, in accordance :ith the Cor:uni.ssion's deter- minations, declare that the reorganizat.ior: and municipal reorganization arc int grate4, and interdependent, and that such reorganization and municipal reorganization are not ordered if not all annexations and detachments have rc-ce.ived approval by the electorate, or by the elec- torate in conjunction with other orders of the authority or agency, where an election was not required. nd provided further, that this Agreement shall have no further force and effect in the event the commission approves an application under Section 56275 of the District Reorganization Act and/or sec- tion 35162 of the municipal. organization ,,ct without the written approv- al or consent of the City Councils of both parties, and where such ac- t on affects any other District in the rerruani.-ation, without the written approval or consent of the governinc body of each such District as may be affected. D. and, in =he event all conditions in A, B and C hereinabove occur- red, subject i o the provisos therein contained, this agreement shall renain a:ithou_ force and effect until and Unless, .not later than June 30, 1969 each and every :nne::,tion and detachment whilch was re ,_-fired to be voted upon under .-.nv anplicable Act, shall have been app:'oved by tl e affected electc-ate and the conducting agency or authority shall have confirmed its order of reorganization or munici- pal reorganization. Provided further, that if one or more annexations or detachments as are inclueed within t}.^ reorganization or municipal reorganization, is not favored by a majority of the votes cast at such respective elec- tion, this Acreement shall immediately thereupon, terminate without fur- ther act of either party, and without oblic,ation or liability of either party to the other. E. however, notwithstanding anything hereir:above to the contrary, the Commission shall also have determined in the resolutions making determinations in the proceedings mentioned in A above the following: Provided that, if the sole reason that each and every of the reorganizations and municipal reorganizations shall not have been complete not later than June 30, 1980 is that there has not been reduced to final Judgment any court action or proceed- ing to enjoin, challenge or test the validity of any one or more of such reorganizations and/or municipal reorganizations, then the completion date of all such reorcanizations and municipal reorganizations is extended to not later than June 30, 1983, or if earlier, to the effective date o° a final judgment or judg- ments in all such actions or proceedings. 1.03. INITIAL DATE. It is the: intent and agreement of the parties, that absent -any requirement that any conducting agency or authority call an electron for the purpose of confirming an order or reorganization or municipal reorcanizati.on hereunder, that this Agreement and the reorgani- zation and municipal reorganization, including all annexations and detach- ments, be effective at 12:01 A.M. on July 1, 1979 lin order that the parties and affected Districts may implement an orderly fiscal year for the budgeting and provision of services. Accordingly the parties agree that the Commission's resolutions making determinations shall specify that: (a) such reorganization and municipal reorganization shall be con- currently ::nc! simultaneously effective on the initial date, or if latjr for any reason, then on the first day of that calendar month which suc- ceeds the completion date of the last reorganization or municipal re- organization or any annexation or detachment included therein, by not less than 25 days; and (b) that such reorganization- and municipal re- organizations are not: approved unless such reorganization and municipal reorganization, including all annexations and detachments, are completed and effective on or before June 30, 1980 subject only to the proviso in 1.02E. R.2/2 7/79 4A•- R.3/27/79 1.04. AUTHORITY. To the extent not prohibited by the S':.ate or. F•e- deral Constitution, the charter or any principal act under which a party was established, or other law, (hereinafter collectively "law") , each party agrees that it will in good faith, consider and take suc,, actions, including where applicable the adoption and enforcement of ordinances, regulations, orders and directives, as will implement the provisions of this Agreement, providing and excepting ho::e:•er that no provision of this Agreement or of any Commission resolution making determinations s;ial.l be deeraee or ^onstrued to require any such action which may be in contr,ven- tion of law. Notwithstanding the above, neither party surrenders, with regard to affected territory transferred to or remainir:; within its respective juris- diction, any police power within the meaning of the State or Federal Con- stitution; no exercise of such police power, although inconsistent with one or ai,v more c;.:-,•cnantsorprovisions of this Agreement shall be deemed to be an impairment of any obligation of this Agreement. 1. 05. M.ETEOD OF PERFORMANCE. Except as herein specifically provid- ed to the contrary, or where the context clearly otherwise requires, or where not permitted upon the effective date of this Agreement except by a specified person or body by Charter or c_her principal act under which either party was established, or by law, any act reasonably necessary or incidental to the performance by each respective party of any part of th.i:.. ,:greement may be performed either by (1) the City Council of the respective party required or permitted to rerform such act, or (2) by the City Manager of such respective party, or (3) b••; the deputy or other rc;:r::se;tatit,v qG such Council or "'an_ger ...'-ori zed to do so by statute, ore,:::.,ncs:, recsulation, resolution, order or ctl:er directive. 06. PARTIES ALONP AFFECTED. ktach .r.v agree'-• that this Agree- i_, made sc,lely and exclusivel; for t :.• t._nefit of e_:ch other res- i ,, "art as a political. corporat ic!k, < r. . _ isdiction; that, and jur neither tho entering of this Agreement nor any c6ven nt, condition, r•r!.- strict°ion, limitation or other provision undartakcn to be performed complied with, nor the benefit of any performance thereof, is intended to be nui shall it be so construed to be for the tlir.cct or indirect benefit of any private or public person, corporation or other l.egaL c:n-- tity, other than each such respective party. Further and specifically neither this Agreement nor the benefit of any performance is intended to, nor shall it be deemed or construed to confer upon any person othc!r than the respective parties hereto, any right, benefit, cause of action or claim, by gift or oblig;,tion as a third party beneficiary to enforce or derive any, benefit therefrom in any judicial or legislative action or proceeding or otherwise. PART II BONDED INDEBTEDNESS 2.01. CITY OF SAt! JOSE: Land and improvements within the terri- ory detached from the City of San Jose and annexed to the City of Cu- pertino, the Mid-peninsula Regional Park District, Central Fire District and/or Cupertino Sanitary District is and shall remain liable for the general bonded indebtedness of the City of San Jose existing at the time of the effective date of such detachmentE and annexations. 2. 02. CITY OF CUPERTINO. Land and improvements within the terri- tory detached from the City of San Jose and annexed to the City of Cuper- tino shall not be subject to the general bonded indebtedness of the City Cu ertino existing at the time of the effective date of such detach- ant an( annexations. 9.03. COMMISSION RESOLUTIONS. The parties agree that the Commis-- s:on stall in each hereinbefore mentioned reorganization and municipal rEurcani'ation which it approves, specifically set forth and include sect oas> 2. 01 an 2.02 of this'Part II as terms and conditions of its csclution m lone, determinations. 6- mt a,IgyFi ,'}-gjrtp,ag•-,' y{.' kki'a l 4 PART III T PARKS 3. 01. THREE OAKS PARK, A. Status. San Jose holds title in fee in and to land legally described on the form of Quitclaim Teed marked E:xhib.i.t 13 attached here- to and incorporated herein by reference. Although commonly known as Yg' Three Oa.:s Parr:", such lane' hits not been doeicaLel, improved and open- ed to th;: public for public park purposes. t. B. Convevance. San Jose agrees to and shall upon the effective >+ date: of the hereinbefore mentioned reorganization and municipal reorgani- zi^tier., convey, transfer and assirli to Cu-. c,rt _ao i:nd Cupertino agrees to Accept from San Jose, all. of San Jose's right, title and interest in the: land described in Exhibit B in the ma.:r.cr ar:' form set forth in said Exhibit. Such t ansfer shall be without. pa,.•--nnt or reimbursement from Cupertino to San Jose except as hereinafter snecifically provided in C. T.> C. Possession; Liabilities. Cupertino shall be entitled to use and possession of the lands referred to in this section 3.01 immediately ' upon the effectiveness of the hereinbefore mentioned reorganization and z r•unicipal reorganization. Notwithstanding that such Quitclaim Deed may i4, not be delivered to or accepted by Cupertino .intil after such effective date, Cupertino shall have and assume only those obligations and liabi- lities which are imposed by law with reference to such lands, but shall also hold harmless, indemnify and defend San Jose from and against all cla;.n, cause of action, cost, liability and expense for personal injury, including death, and property damage, howsoever arising, occurring by rc-v sn of the public use of such land bet::ee^ such effective date and Cu c•rtino's accerrance of the deed. D. Conn.] _.:nce with Conditions. Cupertino shall comply with the r 1 ;.10ns, restr:c? ions, limitations and ott.ar provisions set forth in w sn a deed t' ich shall be enforceable: by r..,:.?: l: u_., injunction. or other js, icial prorcedi: .;s commenced 137 ;,.,;, Jos I r F.ny condition in said c. ,gear.; by of r:hich CLq rt.ino' ,. ...... rr:t in _ai(I lancls tel•-- r iinrl $uc: ].bids revt:t-t to S•tn .7C'.e, CC1p rt ino shilll upoll requ.at bV Si.rt Jose execute such docur,>Fnts as mzv tie: submi.Ltr:rl and deemed ne.c._•s- sary by San Jose to remove any cloud upon ti.tlr. of record in San Joy., . con the occurrence of any such condition, Cupertino sh:,ll further dc.livc:r mid land to San Jose unencumbered by any I ic•r., asscssment, claim, lc.ar.e or ot::_r defect in title. 3. 02. JOLLl,1r1N PARK. I A. Status. San Jose holds title in fee in and to those land which are hereinafter in this paragraph specifically described and 'wh.ich conprise Jollyman Park. Said lands have been dedi-cated, improved aril opened to the public for public park purposes. Said lands are all those which z:re set forth in the: hereinafter des- ri.b;: docur:ents: 1. Grant (Deed from *Ieville Woodruff to the City of San Jose, re- corded JuAie--43, 1966 in nook 7420, Page 6 in the Office of the Re- corder off the County of Santa Clara; State of. California. 2. Gran, Deed from Clarence J. Tonev and Mary C. Toney to the City of Sanse, recorded December 8, 1966 in Book 7584, page 1 in t.,e O.`Ilce of the Recorder of the Cot-ity of Santa Clara, State of California. 3. Grant Deed from Nayne N. Smith and Louise M. Smith to the C:ty of San Jose recorded December 22, 1966 in Bock 7597, page 71, the Office of the Recorder of the Count," of Santa Clara, State c_` California. 4. Grant Deed from C. D. Oldfield and Frances K. Oldfield to the City of San Jose recorded January 13, 1968 in Boor. 7997, page 613 in the Office of the Recorder of the County of Santa Clara, State of California. aid lands are more particularly described in th•: form of the descrip- tions - arked Exhibit C, attached hereto and .incorporated herein by refer- ence. B. Conveyance Under Chartc-.r; Leases. 1. Charter Restriction. by reason that the :and.; described in t'-:is Section 3.02 are dedicated, improved and opened to the public fir public park. purposes, such lands are declared inalienable unless a•A horized by the affirrative votes of a majority of electors of the C.ty of Sun Joze• voting, on such proposition, under the prescription of Section 1700 of the Charter of tho City of San Jo!;c, but m.,• tiu•rt•-- c:• r be leased by the San Josc City Couaci.l v:it':vut. any such von e r a tern; not exceeding three (3) year-,. 8- x. Commission Determinat. on. The parties agr.c•, that the Com:rli s- cion shall in its approval of the hercinabove mentioned reorganiza- tions and municipal reorgani-zation provide: a) All of San Jose's right, title and interest. .in all suet. lands and improvements comprising Jollyman lark stall he quit claimed, transferred and assigned to Cupertino subject tc and in accordance with Section 1700 of the Charter of the Cit.v of San Jose by quitclaim deed in the form set forth on attached Exhibit C forthwith upon such approval. of the electorate of the City of. San Jose; and b) Pending the electorate's said approval and immediately upon the effectiveness of the hereinbef.ore mentioned reorganiza- tions and municipal reorganizations; that Cur,e_tino shall have ai,d accept the right, use , operate, improve and maintain said lands to the same extent as Cupertino would be permitted by lar•: if the er,tire beneficial ournership in fee wore in Cupertino except fo- the provisions of said Charter) , subject in all events to the obligation that Cupertino covenants to hold harm- less, indemnify and defend San Jose against any claim, cause of action, liability, cost or expense for personal injury or prop- erty damage which occurs in relation to such park prier to Cupertino's acceptance of such deed after electorate approval; and subject to the obligation that Cupertino covenan. to pay such caxes or assessments as may be levied against said parks and improvements by any valid taxing authority on the interest of San Jose or Cupertino therein. c) For such purpose and pending the electorate's said ap- proval, San Jose and Cupertino shall enter into such leases, permits or other agreements for any one or more consecutive periods as may be permitted under such Charter and as may be chronologically necessary, under which all such park lands and improvements thereon may be so used by Cupertino for public park purposes for a nominal rental; and that unless otherwise mutually agreed to or modified in writing bc---tween San Jose and Cupertino, such one or more consecutive agreements shall be :,ubstantially in the form of Lease of Jollyman Park marked Exhibit D attached hereto and incorporated herein by reference. Cupertino agrees to and does hereby enter the covenants herei.nbef-)re set forth in this paragraph. d) That San Jose shall include the proposition of such approval on such consecutive elections, called for other local, state or national issues as permit such proposition to he in- cluded, without requiring a special election solely thereon. e) NEVERTHELESS, in the event it is finally dotermiried, by a Court of competent jurisdiction, pursuant to a validation ac- tion, which shall be brought jointly by the City of San Jose and the City of Cupertino, pursuant to Section 35005 of the Govern- ment Code, and Sections 860 and/or 864 of the Code of Civil Pro- cedure, that the City of San Jose r.<.: transfer all of its inter- est in said park to the City of Cupertino kithout an election, notwithstanding Section 1.700 of t':^ Charter of the City of San Jose, t'en it 4'-iall, but no sooner than the effective dc:te of the herein.' :fore mentioned reorganization and municipal reorganization, promptly do so, in the manner as p'o;•ided in paragraph 5, entitled, Conveyance, below, and upon the acce.;,t.r:: rc , b}• the City of Cup er-- tino, of the quitclaim deed them :), anv vxLant lease, license or permit shall thereupon terminate. The hr•ovisionr; of this par - c.ral}h shell be c'.uem wd severable from the rv:nai::ir.7 provisions of this. h?rE: ...•nt. 9- i~ 3. Ballot Procedure. San Jose Shall not be re:oulred to call ant: one or acre s(,c'-ial elections solely for the purpo:;e of rerlua nt•- w ir._: approval of the electorate to e;uch transfer. San Josa agree_-; that it will. from time to time, and until approval. is received, in- 4s elude the issue of such approval as a proposition at such elections J on other local , state or national iSsueS as allows the inclusion thereof. Upon receiving any _;uch appro•al., San Jose shall deliver to Cupertino and Cupertino shall accepi, the quitclaim deed to said par}: lands, and upon Cupertino' acceptance thereof any extant: base, license or permit shall terminate. 4. Consecutive. Leases, Agreements. P -•di^.c; the electorate's a.:-revel to such proposition, the Council of the City of San Jose hereby declares its intention to enter i..-`o such one or more con- secutive leases, permits or licenses a:i'`. the City of Cupertino as may be appropriate to implement the provisions of this Section 3.02 and the Commission's resolutions making determinations thereon in accordance with this sect.icn. 5. Conveyance. The corive.rance of such real properties consti- t-ting Jollyman Park shall be c:•ithout warranty, express or implied, and shall be in the form set forth on Fxhib.it E attaches; hereto and k{c incorporated herein by reference; Cupertino shall accept such convey- a-:ce. The conveyance shall be without reir•burser nt or compensation ' tc the Citv of San Jose except as other rise specifically provided h._reinabove in this section 3.02. 3 iTES ti FART I V FIRE HYDRANTS AND SYSTF INS 3. 4.01 . '1RANSF1:R. On the effective date of this Agreement, San Jose agrecz; to and does by these presents, quitclaim, assign, transfer and convc.v to Cupertino, without warranty, express or implied, all of San Jose' s right, title and interest in the following within the territory of reorganization and municipal reor;ranizati.on hercinbefore mentioned, icy r irrespective of whether such are located on public or private property. A. Those certain 197 Fire Hydrants numbered and described excluding NOS. 1. and 157) on Exhibit F attached hereto and iacor- porated herein by reference) . k. B. All additional Fire Hydrants an- replacements of any describ- ed _n A & B, which are installed within the territory or reorganiza- ti n or municipal reorganization prior to the effective date of this ay_ :ement. C. All public lines, systems, facilities, equipment and appur- tenances pertaining to all hydrants mentioned in A and A above, in-ry„ cl,;ding Fire Hydrants NOS. 1 and 157 belonging to the San Jose Water A Works, and in any other public lines, s_:•stems, facilities, equipment and appurtenances to such other non-San Jose owned Fire Hydrants as arc not described hereinabove but are installed within the territory prior to the effective date of this Agreement. D. To the extent San Jose has any interest therein, such pri- vate lines, systems, facilities, equipment and appurtenances as per- tain to those publicly owned. z Such transfer shall be without reimbursement or compensation to the City of San Jose. 4.02. OPER.ATIVE DATE. The transfer hereinbefore set forth shall be im7te :_atel_,- operative upon the effective date of this Agreement, and vY shall _require neit'ner further action by San Jose to ef.foctuate such trans- er nor by Cupertino to acquire such property. In the event for any rea- sca, _..:ertir_o detersriryes that it is necessary or appropriate for ani, additicna1 document of transfer r.clatinn to all or anv such prop- crt7, Sari Jo. e City Manager is authori::ed to execute such documents L,crr, .., a7 zire rc:-,ired iarl:l 5Ltbvii teed by Cupertino, if satisfactory in Sur, Jc._;:' ., City Attorney.p 11" 34 b Y.liM'A wi'N.-Cf l'^`. i.uR x'..:,: PART V STREETS 5.01. GFNF.PU. Subject to the reservations, exceptions, conditions, restrictions and limitations hereinafter set forth in this section, on the effective date of this Agreement, San Jose agrees to and does by these presents, quitclaim., assign, transfer and convey to Cupertino, without urarrazty express or implied, all of Sari Jose's right, title and interest in "streets" (as hereinafter defined) within the territory or reorgaritza- tion and municipal reorganization hereinbefore mentioned. For the pur- pose of this Agrec-ment, "streets" is hereby defined to mean and include: A. Streets: Scope. All public streets, h'_gh%ays, roads, avenues, ways, malls, lanes, alleys, courts, pass:7_ , squares and places of every kind, wheresoever situate within to territory, in which San Jose has any interest whatsoever, legal or equitable, in fee ease- ment, right of way or otherwise, whether acquired by dedication, grant, gift, agreement, prescriptive use, eminent domain, inverse condemnation, public use or otherwise, or by or in any ma..ner by which any right, title or interest in real property is capable of being acquired or transferred. B. Street Improvements, Excluding Traffic Signaliration. All public- improvements under, within or uwon those areas described in A iw,,cdiately hereinabove, including but not limited to, sidewalks, curbs, gutters, and pavement; bridges, calls, fencing and plantings; posts, pole., street signs, street lamps and electroliers, traffic control barricades, a vices and other obs:=lctions, electrical lines, conduit, cables, systems, facilities and aapurtenances within and pro- viding for transmission or distribution of electrical service to any thereof, however excluding from all thereof, traffic signalizations as hereinafter provided for in Pert 6, Section 6.01. C. Private ProperlyAffected. All of San Jose's interest, if any, in each of the kin fitems set forth immediately hereinabove in this Section 5.01, which are owned pril.ately or by any public utility or are on, within or pertain to privately or public utility o,:ned property, whether or not acquired by San Jose in the manner hereinbefore r..entioned in A above and _nc_uding those interests which have been required by San Jose to dccicated, conveyed e:- in any wise transferred to San Jose by or in any permit, license or contract of env kind, subdivision or pare_'_ map approval, by ea :e- t, right o°+.ay or any other agreer..e-a of use whatever. Stre_et:. in Construction. For th& au=,ose of this section 1 Only, "Street5" also ihC1UC1.S "striEE'_? i't construction" t:; de- r.•_cl in Par V section 5. 04 o nlw• to the extent that c provisions of this paragraph D. are r. = inconsistent with the c i.;ions of cart V Section " "? I .i/1rtJ79 4 5.02. RESERVATIONS; EXCEPTIONS. San Jose hr.,reby specifically ex- ccats from the word "street" as heroinabove defined, each and every of the following: A. The items hereinabove specified in Part 9 entitled F.irr- fly-- drants, including such hydrants as are net owr,ed by San Jose. B. The sanitary sewer system of San Jose within the territory understanding such "sanitary sewer system" in its most bruFtd and general comprehension, and including in its definition and exclud- ed f row. "streets". 1. Sanitary sewers, improvements, works and systems for collection, transmission, treatment or dispo:.a1 of sewage or individual use, including outfall, true;:, intercepting, con- necting, lateral and house connection sewers, and including land, rights of .,.y, capacity rights, rights of use, and other property ;seeded for any of the .improvoment;, works or systems above described. Such rights and interests as San Jose transfers in the sanitary sewer system to the Cupertino Sanitary District under that Agreement dated for convenience March 27, 1979 and entitled: "Agreement for Cupertino Sanitary District -_ San Jose ^eoraanization"; and 2. Those rights and interests to which the Cupertino Sani- tary District would be entitled with relation to ownership, use, o,:eration and maintenance of such sanitary , -awer system as is transferred to San Jose, as are provided to the District under the Sanitary District Act of 1923. 3. The right or privilege to flo,., or cause the flow of sanitary sewage and industrial wastes from and through such sanitary sewer system within the territory, into and through the sanitary sewer system of San Jose, s•:heresoe;•er now or here- after situate and into sanitary se%,er trunklineS, collectors, intercepters, outfalls and the treatment disposal facilities of the San Jose - Santa Clara Water Pollution Control Plant. Provision for such flowage is hereafter made in Part 9 and is solely upon such covenants, conditions, restrictions and limitations as are therein set forth. C. The Storm Sewer System of San Jose within the territory, un- derstanding such "storm sewer system" in its most broad and general comprehension, and including in its definition and excluded from streets": 1. All those items which are agreed by San Jose and Cuper- tino to he transferred to Cupertino specifical1v in Part 10, Sec.10. of this Agreement. 2. The right or privilege to floc:, or cause the. flow of storm and surface waters fror.: and through the Storm water system in t}n- territory, as such system is agreed hereafter to ba trans- ferrE: to Cupertino, into and through and upon the storm water syste-. o° San Jose v-hcresoever now or herea:ter situate. Prcvi- s .on for such flowage is hereafter made in Port 10 and is solely upon such covenants, conditions, restrictions and limita- tions as are therein set fort'-r. Yw D. Tantau Avenue Sanitary Pump, For the purpose of. this Sec- tion 5. ( 1 oni} , y" st.rects''- alsa excludes t at certain !;anitar-y putn1j- ing station in TanLau Avenue, including all fixtures, erluii,mertL, E facilities and systems pertaining Lhcreto, and any right or. privi- lege to flo•.+ or cause the flow thcrefr.c;r.: into the sanitary system of Scut Jose in the remaining San Jose area. Specific provision therefor is hereinafter made in Part 9 F.•F,4 t E. That certain "Sharon Drive" s•torr-, dr.airiarle system within Highway 9 south of RouLe 85 delineated on attached Exhibit G incor-_, poratc-.d herein by reference, including all lines, systems and fa,ci- lities and their impr.ovemcnts and appurtenrtnces in the most broad and general comprehension, and includinu the right to use, operate, maintain, enlarge, repair, replace, reconstruct, relocate and re- hove, or transfer all or any portion thereof and the right to access, ingress and egress theieto and a reasonable working strip area in such public street; and also the right to flow or cause the flo:•: of storm and surface waters, orhich fio:r into such system from any source, into arkd within, upon and over any public property of the City of Cupertino, without comp ensat on or reimbursement to Cupertino therefor to the same extent tat San Jose held and possess- ed such rights of ownership and use prier to the effective date of this Agreement and the reorganization and municipal reorganization. F. That certain sanitary se-,age sys:cm in Hollinger. Road deli n,ated on attached Exhibit H incorporaL.:d herein by reference, en titled "Map of Sanitary System Retained '- San Jose in Bollinger Road" includ:r•g all lines, equipment, systems and facilities and their improve;:rents in the most broad and general. comprehension, and.,. including the right to use, operate, maiatain, enlarge, replace, reconstruct, relocate or remove, abar.dcn or transfer, all or any ;::•;. portion thereof, and the right to access, incr.ess and egress there- to and a reasonable strip area in such F-ublic street, and also the right to flow or cause the flog: of sanitary sewage and industrial wastes which flow into such system from any source, into and within, upon and through the sanitary sewer systcn of any public agency or k' district, wit.out compensation or reimbursement to any person therefor to the same extent that San Jose held and posSesscd such rights of ownership and use prior to the effective date of this Agreement and the reorganization and municipal reorganization. x. 5.03. OPERATIVE DATE. The transfer o,`. such "streets" as hereinabove a defined shall be immediately operative upon the effective date of this Agreement, and shall require neither further action by San Jose to ef- k. fectuate such transfer nor by Cupertino to a=quire such property. In the cvrcnt, or am reason determines that it is necessary or appropriate w for any further or additional document of transfer relating to all or s' any such "streets" as hereinbefore defi.red, ,he San J-use City Manager ir' authorized to execute such documents as -re prepared and submitted a Cui.c rtino, i f satisfactory in farm to t:.e, San Jove Cit.: Attorney. 5 04. STiEE11'S lI' CO"S_;RGC,rlOt1. ma' s g {' A. Su ,rr'r:t'._:t Prier S4..ct ion::. The i;r .?is!on of this Section i_.,-•r t c c- c-if' icting '6F it:conci::tc•r- =ra:i ,ions of section I to 5.03 i rig l ; i ve where "s t rc•vt i^ cn,artru.•t icon" means :Inca . r.ctu:r• _ "st t.. n:. defined in .:ectic,:-, _.01 s.t. jeep to the, ex- oins, in r.t i:}:: ?, t: ._ r:. c: ....truct-ion :hall have actually commenced at: the time this t•..grcc•s;c!nL and the reor- ganization and municipal reorganization have bccomc, effective, buL where there has not at such time occurred, the• last acL otherwise required o" the Council or any authorized officer of the City of San Jose i acceptance of such streets on behalf of the public e:here there was no pre-existing street or acceptance of completion f all or any portion of work being performed under a public or private contract for improvement of a pre-existing sLreut, (in- cluding widening and reconstruction, but excluding maintenance and repair) . B. Projects. In the event of any of the followi.ng conditions, the parties agree that they shall underti,ke and perform the cove- nants respectively required of them as set forth in Paragraph C hereinafter. Such conditions are: 1. If any contract has been entered into by San Jose where- by any public or private entity will perform the construction, installation or other improvement (excluding maintenance or re- pair) of (a) a street, any portion of which is in the territory of reorganization and munic:i^al reorganization, or (b) of land or improvements, any portion of which is within said territory, which when completed and accepted by San Jose woulu become, a street, as hereinabo,,e defined in Section 5.01. 2. If San Jose is performing through force account and not under contract with any private or public entity, the improve- ment (excluding maintenance and repair) of a street, ar.y portion of which is in such territory. 3. If any portion of land or improvements within the terri- tory would become a street ( as hereinbefore def ned in Section 5.01) upon completion of wor:, under the Subdivision Map Act or San Jose legislation implementing such Act or under any permit issued pursuant to San Jose's Zoninc Ordinance as set forth in Article XIX of the San Jose `iuni.cipal Code. C. Enforcement. In the event of anf of the conditions in para- graph B above, San Jose and Cupertino agree that San Jose, by and through its authorized officers and employees, shall provide and continue inspection, supervision and enforcement of performance of those requirements of law or contract which pertain to each and every portion of construction or improvement as would, upon comple- tion, be accepted or otherwise become a street as defined in Sec- tion 5.01 of this Agreement; that San Jose shall provide such ser- vices in accordance with such requirements of law and contract as o:oulC be applicable within the City of San Jose to the same extent - as if the project so affected was, remained and continued in the Citv of San Jose and not in the City of Cupertino; the parties agree that such inspection, supervision and cnforcement shall be clone and performed by San Jose officers, by and on behalf of the City of. Cu- pertino; that such requirements of lav and contract: as pertain to the City of San Jose shall be deemed to constitute, for the sole and linited purpose of such projects, also the requirements of law and cr.ntract of. the City of Cupertino, and that any such inspection, s:;ervi.:icn, enforcement and acceptance b1 a San Jose officer or e"; e:r;r)lo ee in accordance with s"_h requirements shall be devmud an = .. action of both the City of San Jose and the City of Cupol tino thore- for; providing however, that if any further action by the City Coun- cil of Cunertino or any officer or employoc- thereof is otherwise reclu.ired by law, such action shall also be rendered in accordance with such standards and recluirc,::ents unless exprc.:,sly prohibited by ia% and only to the extent tht is-)f. Cul,crtino will haves a rcasonable utter:ity to have an author.izvcl Cul/Cztino offiCial present at the tip of final insl:ect.ion and a optar.ct•. i Cupertino shall inform S,irn Jose i t earliest. possible. time of any such express prohibition or al:;• o`:''2- ini(r_dimentS that Play prevent or conflict with performanrt, _,ch covenant.:: by Cupertino; S ri Jose and Cuprrti.no shall thereupon c:.tcr into and poeform such an. ndmcnts to this Agreement and ordinanc•.:;. E.:ovided hereby to im- pleia,,,,L the purposes and intents above set forth. Upon execution of this Agreement, Cupertino and San Jose agree to enter into the joint exercise of powers agreement set forth on attached Exhibit I incorporated herein by reference. Cupertino agrees to adopt the ordinance set forth on attached Exhibit J de- termining that for the purpose of public health and :safety, law ne contractual requirements of the City of San Jose;for each such street to construction",shall constitute the lae:s and contractual requirements of the City of Cupertino, that compliance therewith shall be ti,,,nrd compliance with Cupertino's such laws and require- rents, and that o ficers and employees of the City of Sun Jose, authorized a::d otherwise qualified to inspect, supervise, enforce and accept in accordance with such lays and requirements of this project were and remained in the City of San Jose, are authorized to do so in accordance with such laws and requirements after and nvtw.ithstand.irg the annexation of the affected territory to Cuper- tino. San Jose agrees to adopt the ordir:-nce set forth on Exhibit 1-3 aat.horizinrl such officers and employees to so act within and for the City of Cupertino. For the provisions of this paraarath, enforcement shall not in- clude any court action or proceeding to b:.• taken or defended for t^.e enforcement of any such laws or other requirements; such liti- cation shall be required to be undertaken by San Jose solely oz by San Joce in conjunction with Cupertino, solely at Cupertino's re- guest or with its approval and at Cupertino's sole cost and expense, Cupertino agreeing to hold harmless, irdennify and defend San Jose in any such action so commenced or defended. If San Jose determines that litigation is necessary for such enforcement_ whether by action or defence, it shall consult with Cupertino thereof. If Cupertino fails to authorize or provide for such enforcement at its cost and expense, San Jose shall no longer have any obligation to Cupertino hereunder, but may in its sole discretion proceed with such action or defense. The parties agree that the liability of Cupertino fur any such action or defense shall be determined by a Court of compe- tent jurisdiction, and shall be based u:'cn the public health, safety and interest of Cupertino served and the comparative necessity of taking such enforcement process; such liability shall include San Jose's cost, indirect allocations and fringe benefits for all offi- cers and employees engaged in such en`orc-ent pr.oceedinV, experts, c-,ns•ultants, appraisers, witnesses, and Sao+. Josc's attorneys fees. 5. 05. FP,IV TIF DEVELOPIMENT PROJECTS;RED IbIPROVEMENT AGREEt'FNTS. A. General. The parties agree th r any case, where at the time this -A-1reement and the reorganiza; _c:-. and municipal reorganiza- tion Y,eco-n• effective, San Jost holds E.:.'- perr.ormarice, payment or de- band, whether surety or cap;}:, and/or is: the sole r joi:t c,Yy:c:ce either under contras; or lati: for completie't of any ro:t: sent, _public improvement, any r r ion of which is within such rriatTry", or aryt i1ikprT)verlK:rlt ultich, accvptcd as coi.pletl, 4:Ould c't pul 'ic within Sl.;ti:; territory (hurcinaftur collcctivcl.y "public improvements") , then San Josa ;:11:I.11 do each of th fc.11owing: 1. Subject, to subsequent provisions of this: Section 5.05, retain. its interest in cacti thereof; 2. To the extent permitted by law and only provided that it does not affect in any manner the liability of any princi- pal and/or surety thereon, hold an interest in trust for the following in respect to each thereof: a) For the City of Cupertino to the extent of Cupor- tino's interest in any "streets" and "streets in construc- tion" as defined in this Agreement, the storm sewer system transferred to Cupertino hereunder; and b) For the Cupertino Sanitary District to the extent of said District's interest in the Sanitary Sewer System transferred to such District under the "Agreement for Cu- pertino Sanitary District - San Jose Reorganization." In the event it is necessary to obtain, and San Jose, Cupertino and the Cupertino Sanitary District acquire, the written approval to the transfer of any such bonds without affecting liability of any principal or surety thereon, to the City of Cupertino and the Cu- pertino Sanitary District as their respective interest may appear with reference to such public improvements as they will acqu•1re un- der. the Agreements abovementioned, then San Jose, by and through its City Manager, will execute such documents as are prepared and submit- ted by Cupertino and said District to effectuate such transfer, pro- vided such documents are in form satisfactory to the San Jose City Attorney. In the evont• (a) it is nocessar.y to obtoin such wr.i.t.ten ar)prc,v-• al to transfer but .it is not so forthcomin-j, or (b) such interest may no, be held in trust or such transfer cannot be effectuated without affecting the .Liability of-the principal and/or surety, then the City of San Jose shall retain such interest, and shall enforce the obligation-- therein and under law therefor at the direction, and at the sole cost and expense therefor, of the City of Cupertino and the Cupertino Sanitary Dis- trict insofar as the enforcement thereof pertains to each such entity's respective Interests. Bonds thereon for materials and services to be provided by San Jose shall be applied as provided in such contracts or by law, and any excers, if any, assigned to Cupertino and the District upon their res- pective covenants to hold harmless, iride:7::__'y and defend San Jose against claim therefor. B. Public Improvements. Such public improvements shall, for the pur- pose thereof in this Section 5.05, include all those portions thereof re- lating to the territory or reorganization and municipal reorganization which are: 1. Those described on attached Exhibit J incorporated herein by reference, entitled "Private Development Projects Under 0^ 1 Part 1, Deferred Agreements, Part 2." 2. Any additional bonds or obligations, whether or not per- foroance thereof is secured by bond, other than mentioned in 1 above which are received or arise between the date this Agreement is executed and the effective date of this Agreement and the re- organization and municipal reorganization, to the extent such tcrri.tory is affected. PART 6 T1t\NSPGRTATION AND :1C' F:117.r':PIG:i PPOJECT 6.01. MAINTENANCE AGREEMENTS. The parties agree that, on the ef- fectivo date of this Agreement and the reorganization and municipal reorganization, Cupertino shall and it does hereby agree that it will at its sole cost and expense, assume, undertake and discharge all cove- nants and obligations which San Jose has theretofore made and undertaken in (a) any agreement with the State of California through the Department sf Transportation relating to any streets (as hereinbefore defined in sec- Lion 5. 01) and any traffic control signalization, devices and the: : appur- enances as mentioned in such agreements, all or any portion of which is in the territory being reorganized, and (b) o:'.-.ere applicable, all agree- r.. nts under the Federal Aid Urban, Federal Aid Safety, Federal Off-Street Safety Systems Programs, and such other programs as provide for alloca- tion of Federal and State funds from the Federal Eiigh%.7ay Administration and/or State Department of Transportation respectively, including with- cut being limited thereby, those de: _;ribed on attached Exhibit K incor- corated herein by reference, entitled "Maintenance Agreements Assumed by Cupertino". Until each and every such agreement has been modified or revised with the written approval of all contracting parties, so as to render Cupertino solely liable thereon, unless otherwise specifically rovif'=.:d in such Exhibit K, Cupertino shall keep, perform, and comply it.: 11 covenants and conditions therein impnsed upon San Jose, and small hold harmless, indemnify and defend San. Jose against all claims, cblic.;tion, liability, damage, cost or expense incurred by the indemnitee c:rc- cn19 p 4 4 PHIS P-414 RFSI.PVLU) 47, zu v Y 3 tp f f•. 1 w .20" i .q,r- f + ra(,'R{"'- f 'c:v:{k "F'1`S'F'K ' Y+ 29 OW Cn5'`El ti37 ' , A. .. d it ,?. PART 7 ZONING PEP14ITS 7. 01. GENERAL. A. Completed Use, Dcvel2Lr7,vnt. To the extent permi ttc:cl by law, San Jose agrees tFiit on the effective date of this agreement and the reorganization and municipal reorganization hereinabove mentioned, 'ilkSanJoseshall, and by those present.,;, San Jose: hereby transfers and assigns to Cupertino, without warranty, cxuresz or implied, and Cupertino hereby accepts, all of San Jose's right, title and inter- est in and to each and every permit issued or granted by San Jose under Article IX and Article XIX of. the San Jose runicipal Code prior to said effective date, for the zoning, rezoning, use or de- velopment of land, buildings, structures and imp.rovemcnts relating to any portion thereof, within the territory of reorganization and r.r::nicipal reorganization where the permitted use or development shall have occurred in accordance and conformance with such permit prior to said effecti• _ date. For the purpose of this section '.01 t•rmit includes, but is not li.rcited to a Planned Development Permit D) , Conditional Use Permit, Site Development Permit, or other Scecial use or development permit (including permits issued under rY Ordinance No. 5510 relating to II District zones) , variances, ex- ?. ceptions or ot Ke— use authorizations under such Articles. a B. Before Completion. In the event of any of the following con- ditions, the parties agree that they shall undertake and perform thn covenants respectively required of them as set forth in Paragraph C hereinafter. Such conditions are: 1. If any permit as defined in paragraph A above, has been issued or granted for development in the territory of reorganiza- tion, while in San Jose, and construction has actually commenced in accordance with a building permit issued thereon not later J'..'than the effective date of this Agreement and reorganization; or 2. If any such permit has been issued for use of eny land , or building, structure or other improvement in such territory, and (a) the holder of such permit has acquired a State or U. S. constitutionally vested right to the use, although such use shall ' not have actually occurred prior to such effective date; or (b) the holder of such permit has actually commenced the use permit- ted thereunder although construction or installation of other buildings, structure or improvements permitted thereunder have pl not actually commenced prior to such effective date. C. Enforcement. In the event of any of the conditions in para- graph B, San Jcse and Cupertino agree that each and every covenant, cc.ndition, provision, restriction and limitation in paragraph C of Section 5.04 is incorporated herein, except that far the purpose of ° s"• t'%is Paragraph C of Section 7.01, the follovring shall occur: 1. "Permit is substituted for "contracts", "contract,.!al" or "streets in construction" wherever appear.inca . 2. "Construction or improvement" include use. i 3. "Bv dccrr•xl in cr,,mpli:rnce with such I,rrmit" is substituted fc;r "would beccarx, a straat .1S dtfin,-•d in Section 5.01 of this c c.r.t rt t. S'` P. Transfer Urlon Cour. ct i.on. Who- flan Jose has 6--term.inc:d, by and through its officers and emnloyc-cs authorized to do :;o, that tiie.re has been a completion of compliance with the conditions, r(.- strictions and limitations of a permit described in Paragraph Fs, Sail Jose agrees that it shall in the sae. nanner and to the extent provided in rar.agraph , transfer to Cupertino, and Cu.Pc-rtino shrill accept, San Jose':; right, title and interest therein. E. Additional Documents. In the c%,er.t for any reason, Cupertino determines that it is necessary or apnropriate for any further or additional docilment of transfer rclat:r.; te) any such permit, the San Jose City manager is authorized to execute such documents there- for as are prepa-ed and submitLcd by Cupertino, if satisfactory in form to Stan Jose's City Attcrney. F. Iriforr„ation. San Jose and Cupertino shall develop a program for the coapertive provision of access and information relating to the status and enforcement of permits mentioned herein. San Jose shall advise Cupertino of inactive or expired permits, and of any action or activity of which San Jose has any information constituting an alleged violation of any provision c_ :•.rticle XIX and/or former Article IX of the San Jose Municipal Code corrnonly known as the Zoning Ordinance. i t 1 Y PAfti' 8 RUILDI";G i,ri±:'errs 8.01 PEM-11I4' DFf ME.D. For thC jiurposc of this Part 8, "permit" shall collectively include my building, electrical, plu;abinu or oth'!r perr.;it authorized t,, be issued under Article VIII entitled Building llcgulationj of the San Jove Code, 8. 02. GENEW-.L. A. Permit Issued; No Work or Vested Ricfht. Flhere any permit as hereinabove defined has been issued by San Jose, but the holder has neither corurenced construct inn nor acquired a vested right under the State or Federal constitution to perform such %:ork, San Jose shall take such action as may be appropriate to advise the holder concerning the status of the permit acid shall refund any amounts as are required to be refunded by law. B. Permit Issued, 4:ork Incomsletc. As to any other work for which a permit (as defined in this Part 8) has been issued by Sa Jose but final inspection and ap;rovai has not been completed prior to ef- f,.cll've date of said reorganizations, San Jose and Cupertino agree that they shall undertake and perform the covenants respectively re- quired of them as set forth in paragraph C hereinafter. 2 C. Enforcement. In the event of tha conditions :.et forth in Paragraph B, San Jose and Cupertino agree that each and every cove- nant, condition, restriction and .limitation in parzgraph C of sec- tion 5.04 is hereby incorporated herein, except that for the purpoa:e of this paragraph C of Section 8.02, the following shall occur: 1 . "Permit" is substituted for "contract", "contractual" and "street in construction" wherever appearing„ and 2. "Be deemed ir compliance with such permit" is substitut- ed for "would become a street as defined in Section 5.01 of this Agreement"; and F'r•.P.T 9 SANITARY SINIE:R SY5I;TP d 9.01, GEtYF:R1L. Upon the ef`ocLive d<:Le of. ti. : ;rc(!merlL by of the reorganization and Municipal :reorgand/:Itlon EIfIOVf• rt-riLionc-O, San Jose ai:cl Cupertinu agree that SLIbjecL tO the covc-rlants, condlLlons, re- strictions, limitations and provisions s;c!t forth in the Fgreement rncn- tioned inthis :section 9. 01 , the "reorganized territory sanitary sewer system" (as such system is therein defined) shall hc. transferred by San Jose to the Cupertino Sanitary Di;tri.ct in accordance with that certain "Agreement for Cupertino Sanitary District - San Jose Reorgani- zation" mz.rked F;:;h.ibit I attache:: hereLo and incorporated herein by reference. 9. 02. CuPER^j%,o'S IN1BRl;STS. Notwithstanding an_ provision to the contrary in this Agreement between, San Jose and Cupertino, each and ever%• interest which the City of Cupertino receivos hereunder or by operation of lac- by reascn of the reorganization and municipal reorgani- zation, shall be subject tc• any conf:li.cting or inconsistent provisions of said Cupertino Sanitary District - San Jose Agrccr.ent, and any re- nswa'_.s, extensions, amendrrinnfis, inodificaticns or revisions thereafter made betr:een Cupertino Sanitary District and San Jose, or their assignees, and shall be further subject to any additional rights and remedies which Sari Jose may reserve or except or be otherwise anti.tled by law to permit, control or otherwise regulate the owne.•ship, use, operation and raintenance of such "reoreranized territory sanitary sewage System", amid ics f'_oa and capacity .in relation to the San Jose "Sanitary sewer s;stc~" ras defined ir, section 5401. 7 of the San Jose `Iunicipal Code. Cupertinc covenants with the Cit;: of San Jose that it will oun, use, overate and maintain ar.;• such interest as derived hl:_•,under and by late cZ5 alcre£aid, includinu, 4:tthoUt lirlit.1L.iO, the "tiL[a`i tE:' as defined in subF;t;rar,r , is A b C- and D of Sc`ct :on 5.01 of this n^rf.•Q:.i`nt, thr: :;tC rCi sit`ivr sys CC`r, .lcscrJbccl irrl Port 10 horeof and an•: 2`, SANITAP7 Upon t h c.C t i V L, e;:L C of this i:q r c-.,:o:-r,t by of the Int""iciPiLl rcOYcjd1!i7:1tion il!)OVI Sari and Cupertino iu-!rce that SU1,Jc-C:L to the covenants, conditions, re- str c, Lons, limitat.ion6 and pro%'LsAoriS set forth in the Agreement mon- tio-.c-1- 1 in this section 9.01, the "reorgatil-.0 territory sanitary sewer system" (as su-h System is therein defined. shall be transferred by San --,,,se to the Cupertino Sanitary .)jstrict in accordance with Uat certain, "Agreeiae-int for Cuperti-,o Sanitary District - San Jose Reorgani- zation" marked Exhibit I atta,liec'. hereto and incorporated herein by 9. C2. CUPERTINOIS INTERESTS. Notwith-;tE-Inding and provision to the c:,ntrEry in '.rvis Agreement betwec.r. San Jose and Cupertino, each and every interest which the City of Cupertino receives hereunder or by operatior of law by reason of the reorganization and municipal reorgani- zaLion, shall be subject to any conflicting or inconsistent provisions of said Cupertino Sanitary District - San icso Agrecrent, and any re- wcal-, ext_nsions, amendments, riodificaticris or revisions thereafter made between Cupertino Sanitary District and San Jose, or their assignees, and shall be further subject to any additional rights and remed.les which Sari Jose may reserve or except 3r be otherwise ent,tled by law to permit, control or otherwise regulate the ownership, use, op?r,-.,.Lon Lnd 75-intenance of such "reoit:anizcJ territory Sanitary sewage system", flow and capacity in relation to thc- San Jose "sanitary sewer sYz t-.-` as defined in section 5401.7 of the San Jose :Wnieipal Code. covenants -...'th the Cit- of San Jose that it will ol-M, use, maintain i.:,;, suc!,. in<t-re-t as derived fit rcuri--ler and 1,y law includirri,-, -without ! !rlitatinn the "streets" as defined in A b C , and 1) of Svc' ion 5.01 of this 11t, th- %torm r sy.itc, in Port 10 hereof and air. c•" t i t.l,l i t ar I,r i ri 1w rc-u i,d(-.r or r cotu,i. t r nt ... tF, : .. "r.: rF r e. ilt for Cul,crtino Isis- . •, - San Jo.:r Itet,r•,t 10 S111011211 S1 Sy:; 1:-i 10. 01. GENCHAI.. For the FIU1-:,0!0 Of Part I(), t-nrs fol)("'ling v:o r t.1 s and terms, and the i- deriv,,Lives shall ha-it! thc! m-aningn defin- es li,-rein unless tl,o context cl( :rly -)thcj-%:i.--c inclicE;Lc:'. 1. "Storm sewer system c,f the City of Sari Jo:iv" or SJ storm sewer system" or "SJ storm system" mean!-, the cotni,lete storm drain- age system of the City of San Jose, including, but not limited to, a) storm drainage outf,xils, rains, trunklines and other pipelines, storm water inlets and li,.teral_: to said inlets, ruanholLS or main..:; L) curbs, gutters, ditch-s, dikes, levees, culverts, detention basins, or any type of creek or sharing ; (c) appurtenances to each of the foregoing. 2. "Reorganized territory storm so iwcr syrLvri" or "reorganized storm system" means solely and only: Such portions of the San Jose storm syste- hereinabove defined, as are in existence on the effective date of this Agree- ment and the reorganization and municLpal reorganization, within the reorganized territory delineated in broad red on the Exhi- bit M dated January 1, 1978 f and entM1iT _ coded "Area Served by_San Jose St2nril_syfi_tPTI! copies of which are on file in the office of the Execu—tive Offi- cer of the Local Agency Formation Co:-tmission and of the City Clerks of San Jose and Cupertino. Such area:; are further limited to those connected on such effective date with the four storm water runoff mains commonly known as the P,)llinger, Sharon Drive, Chiola and Rainbow systems described and delineated there- on. 10. 02. TRANSFER. Subject to the covenants, conditions, restric- tions, reservations, exceptions, limitations and provisions of this Part 10, San Jose agrees that San Jose will upon the effective date c: this Anreement and the reorganization are; municipal rc r,3anization ahove mentioned, and it does here!,y transfer and assign to Cupertino without o-:srranty expreas or implied, and Cupertino agrees to ace--pt, el I sir, Joss 's right, title a-..-. interest in the "re-orc--ani7ed t(-rri-- r*, thinEtor, sewer system" a-, here:.-.,i*.-ovc, deli ,.-I t!.o areas'; so 2 Tht, re i n i z( d t, rr i tr,rf n t.o r n f;r we r s;yf;t('rA i i i:J 6 < "-!A r ic-t(d, !.ot -vI i,>r: ;, rein:iflcr prov i(1-d V-a C-t i on 0.0-4-,, solcly and t il% 1:'phy.,:ical stormf'x i t.i f-:, %..-h i ch are i n c i ii, t eflfvcfiv$7• datc- of A,?rce- -.tt and the 11 U, i- " rthor li.mi.L(.-d and r c..,. ri c-L c-d j y 4t n(I c-x(:1 u;i t J.: r" Storm and surface! iron of "o otht-r :1 -1., 1., kind, size or capa- Ci L 0,71n aI UjICITI MICII effect i CI,it C-, Crj-.!to c i ther the territory storm !:y..L :-." or rr.--ainder of the ""J 5:tr;r,! syf;te,'" whether ouLsidc Cl' rc-m,iini -.-itiIin the rvorgani 7C!d territory. C.btliing herein any p,.i!-,1 is or private use, r : inttcnancc i:%! repair thereof, n_r th,_- rec-onstruc'Jon, r I or reF..:_ I I of any such 1.1 1 01 thereto where it ceq)acity of 'jo-,-: rt,- rt-t:!', fro*n any such specific CLivt-, :.IcLion) . This ii suhit-ct to ,vctit.n 16.04. Re:;v: t ioiis. San Jose further r^~ervcs and excepts here- r,,-, Vic. riq*.: If flow of storpi v-Ac-r aric surf=tce runoff from with- in a.rvd/o.- witr.c.it the reorganized territo--y, vhich drains in any fora, or into the San Josc• storm systvri as such system ray exist outside the, reorganizer) territ-iry, either upon the effect- ivc- date of rooryanization and ri!-iicipA reorcanizattion or at any thercarter, save and except r.v the r.*c'-.t or privilege to cause, Z., 1")- or per:.-it Such flo".. may N'_- qranteC LnOc,, and is exercised by C'..-_c:-'L_inc in full complianco wit`.10.03 and 10.04. 3. I'L 0. 7,1 . Provided that, .-.nd dur'-:;: such periods as, Cuper- r. compli-Trtc- with the cc.. ':_tirjns, reservations, ex- cc pt. , restr i.-, ions, lihILtat i()IIS arie proviF ions required on the part 0*' Cu:_,v:-Lino un('.I2r this Part 10, San Jose aarec3 t,.aL Cupertino shall havc, t`ic, Tight to flow, or cause, pernit or allov- the floe: of storm water uatcr runoff which (a) arises after t*----2 effective date or re- and -.T;nic-ipil reorgani7atiork and •_xclusivcly from such reozc:anized territory; and/or (b) ariFc-sefter such effective d_:te e 1 ely and exclusively from public and private c:)nnect ior's outside territory, lawfull-- in existence and can- t-, or dra".i.d ititO r.L.:h "rvorganized territory storm sewer system" roargani --'cit ion brit i;:! routine. YI.tinL(-n,i7-,7e Sh;i.-.--. Cupertino covenants that pay to Szin Jo:-;r- F--al Y-nar c, -.imenring with 1-i't 0 seal year, and i ' z:,, vIT( — i%c -1-tLe. of reorganization 0 fc.datc, :1,'L(.,r Jul,.: 1 , on a j) -.1rated basis:, fees as F—ii Jt d( _ .'in, are and for Cupertino's r!-1-3 i t(.n:incc c,'fi.r, r—ir -Af.ill structure.--; por- 1 7 ys L Cm-,Ilinjk i V,i i nbow of Hiv outside the terri- w." I ich17.s'cl' f f:C t storm and surrac, cac-11 of sll,7' 1.. L Jc):7- .'.:Id CU, k 1"-'. that such fee is or a r tcl, fif:cal year, COMMIAke- thalt. incre.u;cs or for such roti t i tic I each party will dv.nct. of 1. tic•c'•. ,rii s•i,:C'%tI .r .,r, It, 1,1'1 t11,. r,. t e the 1,,1rt iC • tt,n: C' r t +nn •, tl 1 r , :tu t hc• re uir:•C: to s'.,_.• it rca:uni:a',lc fc • fnr- itr, : S. of .._ '1 t .irtrr,:,r,c < , the ...c•rc:sl c,r d c•r• f a:, u.h fc•. .;h:. i k•^ F, 1 ,. U:•or• Lit, in' ti.,'1 fe'E' r,r,Vi lr•ri it• r'e iil, l::tcd ul :'trd or f cor:: `. i: • tC' t it-io F,y rE•]5o„l of any i tic i• .0'.'1 or C7•.Cr-1.r .;r.: C,J. t S of such lal.,or, sorvict%. ai lt . Pay i•nt s rvqui red he•rcund. ::11,II Lc ule Fri rurw. tiny, to San Jvr•c :•:ithout other dem.:nil, in eq-t;i1 riar.ni_v.t in;Ia11ric•nts on or be tort' July 1 , and Jariu,iry 1 etf earl, f ir.r•nI yc.<•r. In the event any one or r. arc of tl.e said four syste-ns described h(•re;n:tltove shall hereaftc-r t'ccr::,l: :.o loc=ifec: or rec:onstru-:t-d or arranged that no storm or surfa:co runof r v-ator f lo-.;s into any portio-1 of tht San Jose storm sev:cr F, ^tE:m, wht. tl`•_r Within: or outside the reorganizated territory, San Jo:;e's obligation to provide ,;uch ordi- nary maintenance shall respectively CL..se therefor and the obliga- tion of Cupertino to make any installment payment otherwise required therefor hereunder, shall term' ate when the next successive payment W011C1 other::ise become due. 1C. 04. AtRFA RESTRICTTUI. A. General. Cupertino, unless oth:; r::ise aut}:prized by written rC_:olution Of tF'E: Council of thc• City of S:rn 7r,r;e shall not, and a-rt' (.: that it 4:ill not , d:sc`'. T"ge, or cause, all0::, permit or suff:!r to be discharged into tit. "reorganizcd tcrr.itory storr server sy:ten' or the "SJ storm sewer system", or :nto an, other stow:: sewer system wn: ch may convev storm or Slirfdce WLters into ei t-.<r or both thereof which ulti :ately directly or indirectly, is di:,ch,rged or flows in- to the SJ storm sewer system, an.v storrr-t cr surface water @:hick is produced in, or emanates from any tcrritc,ry situate either : 1. Outside the bourda:ies or the territor:.' of reorganizati-on and m.unici.r,al reorganization; or 2. In.^ide t-., boundaries of such reorganized territory but outside those areas which cn the e•ffc:ctive dat^ of reorge, ization, irectly or indirectly flow into Lhrr F.ollingAr, Shiro:: Drive, Chiala and Rainbow syst,rrs above d:scribvd; or 3. Inside any respective one cr :iore o: the four systems commonly ;.n-)wn as Bollinger, Sharon, [)rive, Chiala, or Rainbow storm drainage areas hereinbefore tinned and hereinafter de- scribed, by direct or indirect. flow, or drainage into or from any one' or more of the ot r of suC:. respective. s_:ster-is. ThE Rollin':rer, S'? :r'i•t Drive , C';:ia la a-c7 E:ainb^: storm drainage arc,.t- an—1 :.rstE r:• re gencr a'ly -hoc;n on a M,ir entiticci "hr:: ;e Are•, • • and rt_ur'.:ed Exhibit M-1 a.t_tchc•d and 4,• rein, the particular de- 1 i LCirt 1Gi.5 of W!,' .' . it re sE•t forth on 3 "Drainage Area" c' on fllc in tl.' ! flc•_ Gf t'!e Ili':1;-:"Itti:?t5 of Public of Ul•, Cit., C. Sant Jc . _ and C., _-ti:_o. 1' , i 1' i4r• r. n. (' uthnr i;.d t.; twit Ic,::r , Cu,,c•. l i tic, c t h.:'. i! ti i 1 1 tir,i liar I i i !r l l.. . F.r r;-r t t or <. i(f. r t!._!n . ... ,: f•t,t,n, ct i',,i'. s t It:. }.i '., nuwt,c:r, F.izof W;c1 fr'c,:., th• r, ct c'r t nr•:: :rr cloinec(Cd orur::i nr •:1, a'• . x i::t ui,r,r! t hr E f`e , i , d or re o!r:.uii z%it ion. NuLh• 1:.:: lir•1 r•it1 i't C','lUcl••<c i,:i i+Ut.l If' Ur !'. f U't. , r,i,E?I%,t_IOit, r0: )tit rut- tc'r or t tht•it•c+f, nor the re i,strar-tion, mova1., rcr•',vall c,. r ail}' Slich lat(•rall ( it; Z)L , :t i!:f-r :: therCto, wh(!re tic) it. cs;+acity of flo,•r ri. ri A from any c:uch specific re- tt':'('Thv F,iirLtr!S r rt .mot ::; to c<:C•h o+ her and understand t such :!cri is It cafraci t}', a!'-' t' an} add i t irr-a1 conricct Ions c• ci ra i page r•:!y jcopa rti i zt• ex i:'t i:- arc i n S;i!i Jo.-& and Cufx r t;nn. C. Cuper;ir:j may c:rx, ails:.c or por t (1) n< J: o. additional c-.n.nections, a'.d revisions to prt.S:crci c)r `liturE, new or additional c:n:^. .c•ticns, lietween properti^s 4. ithin t;._ territory of each res- 1:=_ctive store, drainage system on one hand and the respective storm dr :irnagt: sy tcc-i in the municipal r( ) -an;:,- territory into which a rroperti-1s would drain o-i tho otht:r, or (2.) any public or pri- isc, opc.'1tlOtt, mair.tcnanr_'i , re:die, ^C,nStYllCt)On, installation, r: .. .-^7-nL, -ec:on.,tructirtn, mo!'<:1 or rt. ":al o` any storm sewer line, ity or i-provement, betwee-. such pY rtics and its respective drainage- system, or withir: such rc< - ctivc, storm drainage system, thstancli^ that the capac•it, of or . ow withi:: such respective rl. i.ina c system wily increase pre•,iC ; that-no increase in the r_ . . ccLivc ca_'acity of disrliarcc• re:,ults, at the place or placa-s where e ..,. res:pective sys',:em flows, into the Sar_ Jose storm sewer system, in E •. :. ,.' of tho._ existing upon tite effecti•:.- date of municipal reorgani- io!., unl.e::= any such increaser in cci2-<c'.ty at the: place of flow into Sari Jose system is aprrovf?d l:y Re::ol L!i on of the Council of the C'. of San Jose. 1G. C5. 1•:X'i_FAC) 'DINAFtl' TKTEid ' .'F . S-tr. Josc and Cupertino agree to on a prc-•ort.ional area basis (a) th,. capital construction cost of z :ifi : io:?s anti hc•t ternients made, o-:i thin t=..: City of San Jose, in the Sa:. Jo:;- stern 5;ysLem serving tl:c four Jrai-ae•: areas and systems above u, i';-d, and (h) the costs of cxtra<,rdin=: nointrnance to the exist.- in-us,- storw systerri and futute and bc-tt.errients so in- r cor.; _ructed, where eitl:r?- of sur'. i: dnn^ in thc• Citv of San Cit. ;:`. Jo::^ Stc.r:' S..•EtE,:"' . , 1ir=c: _ '.:C ! four arai.n:tUt, areas. f CU' i'IVF: 1.1 .. S. 1:1 irt!_. r. i elie herein set forth 0. 1 f of it, p.i.rt '.r C. 'atilt iCL. it lid in add it iorl to, X. ltlt c+° <,r: r its f.t: have Fur- ii-,:1 r .int• ....ce of storm n r,r r+ i:: , !' : r c, ivv juri:•ci ict ions;; an.i r. ,I l.•t f ,. . t ft , f'i_ Y ,. .. •.,r•...:r. tits Qt t la•n:• fC+i- I , .. . f.• ......r 1.:l:•.'l't i,l i? t!: .C'i:l:}+, t i r (k;z Llw rco i %I;i Vil t 1 ilTld I r a I i 7at i-in !;hc-I I r v f. L'it't I!tc(. of PAIL I C, el t t r Co'i'l j orl• uclit t rz,.nr;-- fer 1,. t!.,-- City of San Jo-;c to Cu:,r.rLil!O 0' the tcrr-hory 5 systcf-i" es lici k.i n & r i riccl ;h.,I 1,^ - i t hout to San J0 ,;o c,xc-vpt j - hr-rc i r! provided in this Part, 10. 10. 08. DOC '."I S- Th- tram` -r by San Jof.<• and iAcc- _,lance by C t '10 of Licl c 0 r cla It i Z. ,I t 4 r r i t.0 1 y .'oz r' sew;-r system Shall 1 he a,-Lion on tho pe_' o c-.xr-.el)t the exce.'Ai,or. of Cupp:--I i r:,, dc',erm,incs., for any it i F, n('C E-S F--I r y t It,. a!)y fl:T-_?i-__!- orie or r-.or(, instruments L`-%EfEr LC-' C.\C'CUtLd, to CffOCLutLc Fuc.',, transfer, the San Jose C is authorized to exc-c-,ite suc!: docurnentF as ale prepared by Cu:jcrtincl tlieri:" _,r, if satisfactory in form to the Jose Citv AU(.)rney. VITSCE1.1.7,A' OUS j 1.01. ASS*.F:!'11:NTS. A. A-F Li on of Li a' it it,: . For &- in consideration of this U:) no agrvc.-- to :'nil shrill i,,. the vvcnt of delinquen- t:': of those a-,sof;snient- and/-Ir horiln giver: tI.crofore, promptly pay zind, dis-chartj-_' all obligaLio,is to vi-hich the City of San Jose -s sub- ject by reason, of such assess --ts for oublic improverrz ti;,cs as re di-scribed or attached Exhibit incl_)r orc-ted herein by reference, retitled "DczcripL1on of Asr.-i:,r--_rTts ?%r,Su.7ed Ly City of Cupertino"; and Cupertino shall furLh(-r i:)'d harmless, indemnify and defend San Jo Sc against any and all ciir,!ct or contin,,-:tnt c3airi, loss, liability damage, cost or expense, incli_,.ing attorneys fees of any bond holder and San Jotle relating tc tc..Eorceri:mnt H. Tra'rE-7_'-er.- San Jose hercby transfers to Cupertino any con- tinqent intiz_est San Jose has in -ind t- an s---ch assessment and the collection hereof, and CupiriLino shall uz1on p:nvmont of any amount t`eL-eunder be subrogatod to San ;one's illit,—est to the full extent rmitted by law. C. Doc u :its. San Jose shall , oy its Ci-,_- Manager, execute such documents as are prepared and submittei b.., Cupertino to effectuate z.ny such transfer or subrogation, provided '_h,?y are in form satis- factory to ths.. San Jose City Attorncy. 11.02. FU;CORDS. San Jose shall pl.oviec Cupe-tiro, at Cupertino's soic cost and cxni'nse, with copies of all public encords (as defined ir: C.jv,,rru:tcnt Co-,! S 6252 1 which be reNanue-sted. by Cupertino relating Lo Lh, -'?tiers horvinbefore sel- forth. Such records shall be pro%`ded at San Jose'a actual cost; prior to cor, encement and during any Such ccpyi-; p-ccess, San Jc,;c• ray i-vz;uire one or more deposits from Cu: t.i no tio a7-,.1 to the vs L i ni, to nr c or,.!)l r ted cost of such copying as 1,v t-,-: San Jose City rin-cler o,.- }As rcpresentative in con- W i "I t'. head of the I:- Jasv City it L: rC7,rIL-vC!1I L ZI t.i V. Z t-' Ile 3. C:1,:, OF,:.; In the event t%' t ti:..., cl.!iri that the other t e-reric,iit, or that to hall file with the t F such lit- ach orC t lit 1 1.-1 'i j:. it. t:td vthJrwise riving br.Av of t1tv oth--r r'.1: in nl,!,'.nC1.init A beIow, t' ,1,,,.r t"' I •.t\' to C." '•rt ip , %'•, I: r•r.'r•rmirlefd In accordarice A. i,i:. 5.-c•I ion 11.0'. .t4,•tl I :or . ` rnt i unlc.is: i ; lc .iir.'.at ,n E'r,ic'.cl h; t' fit at, LrcIi "ati:rV utov.i(Iin(I fni t i:, <:I Ioc-at io;; of IIin It% :,,c,pc'r unc:c•r A rt.icl( Xl I I A of the Ce i`oruia Co;: .tit lit io'i, fOr t'iscal 711.-RO, grr•ntc: cr•rdits to cities for tc :-r i tonics an^cxed or toil-(j o ci tic _,, r:l.i ch territori.es were incl uP._.A 4 first t ;Tiv in a City's ta:: t,asc• in t!!n F:a<:l Year 1g79-RO andfo t.l,. ii) Cupertino do-s not recc`i .e a credit un-ler said allocation If ;station for t!ic te,rit.ory pro,asna to :•e trans-erred to Cupertino to t!zis Agreerie::t , solely b': I'E?.BSc: 1 cf the fact that the transfer to Cii•)ertino ai.c', not )^^co r_ effective on nr prior to the property tax ii e,,tc: imm:._';at(-ly •)rec(,.ding thy• co-;r:cn--.: ent of the Fiscal Year lc Pr), and iii) San Jo:ie receiv-s credit for said 'errito:y under the rnrop.^_rty ta: alio.uation frmula enacted by t`ic state LAgisl.'ire for the Fiscal YE Y. if all o` the conditions s-t. fort'; in A above are met, Sari Jose wi - 1 ;,ay to Cupertino in two equal instr,llmonts, one in September and t!-.- other in Ml,? of Fiscal 1979-8r, a sum e(rual to the amount attributable tc 5,;J c° territory, that Cupertino would havo rcceived in Fiscal Year I r ' S- 71) under tie current legislation al to :`inc nrope.ty taxes for the Yc-ar 1^7°-79 as th, ur}h lair: 'e rri'_c~•: ha^ been a part of Cupertino after July 1, 197), pror,.t-6 on hii .i cf the nurber of days r, ; in Iisc:+] 1y79-'" from c.n: z•ftc:- '`:e c -fectiV. data of the trrritor;: to Cunt r ir.o. i no cv. n t shaII the sum Pay- Sa .7• cn Cu*, rt inn cr.c: ::l r ,^c r' ta\cn rcceivrd by San r;i, i' .. to .,.ei:' •c•rritc• f,,: f' :...:1 '..ear P79-79 prorated as in r,j,rr l tll ::r' inclu,lo prohrrty taxes I I t -I, e i t I CUt f C)r jo n I(" t t 1. 1 C.':i I It t i ve Y.od- i C-1 i I(• tiw, and to 1 cl t v r rl i I wd 1) the r( ivt I fc r of r(,!i their.i r (I i 1 f(I v i no ilr:t jc, . f-)r- ilrl,, j(-jal or e r%I ;t-f 1weitv.f, of aRy I( gecl t+y e,-cit b thin 7-.irvc;.wnL , or i nc t y t here!n -Jill l I t)t- i I cd c d,nothi n(j shall 6. aE by e i t I,c i- part' c r(-.s c i r i C or t v r ri I i i tc this Ac.r c;:,m c-r i L, unless tn,i'1 the above provision- cr para-jraph hzjvo been complied 1: t and u:-Iccs the complaining 1,i,rtv hzs first e:Ivcn to the other ter mce Ing 0' saidiLyart:,,sonaole timo a coriclusion of said joi, L t F1E-tJV,! bC'diCS 'Withir tC curo any cich or inequity. INVOICE CITY OF SANJOSE CUSTOMER NO. 003039 PHONE(408)277-4184 INVOICE NUMBER 9800040560 USER I.D. CITY OF CUPERTINO W23 10300 TORRE AVENUE DATE CUPERTINO CA 95014 02/09/98 AMOUNT DUE AMOUNT PAID DETACH TOP PORTION AND RETURN WITH YOUR REMITTANCE DESCRIPTION OF ARTICLE OR SERVICES AMOUNT VISIBLE CODE MAINTENANCE COSTS OF 4 STORM S YSTEM & OUTFALLS PER AGREEMENT DATED 3/27/79; SECTION 10.03 FOR FY 96-97 3 97-98 STORM MAINTENACE FECES 67000.00 413 5700000OB605 V 1" Z V1 vo TOTA $61000.00 Please notify us of any change in your name or address. Make all checks payable to "City of San Jose" for the total amount due. Mail your remittance with top portion of this CUSTOMER NO. 003039 invoice to: CITY OF SAN JOSE-TREASURY 801 N. FIRST STREET, ROOM 217 INVOICE 9800040560 SAN JOSE,CALIFORNIA 95110 NUMBER Phone(408)277-4184 STv 1E? INVOICE DATE 02/09/98 142-41(REV.10189)