09-143 Senior Housing Solutions RehabRECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
~~~ni~~~iuihi~~iu~~i~i~ui~
Pages 16
Fees.... ~ No Fees
Taxes...
Copies..
AMT PAID
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Reccrded at the request of
Stewart Title of California
RDE # 009
9/03/2009
a e0 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
REGULATORY ~~GREEMENT
& DECLARATION OF RESTRICTIVE CONVENANTS
Senior Housing Solutions Rehab
19953 Price Avenue
l~ Original
O For Fast Endorsement
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014-3255
Attn: Senior Planner
No fee for recording pursuant to
Government Code Section 27383
APN:369-OS-035
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
(Senior Housing Solutions Rehab, 19953 Price Ave., Cupertino, CA 95014)
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement")
is made and entered into as of this 25 day of August 2009, by and between the City of Cupertino,
a municipal corporation (the "City") and Senior Housing Solutions, a California nonprofit public
benefit corporation (the "Borrower").
RECITALS
A. The City and the Borrower have entered into a Loan Agreement pursuant to
which the City will provide a loan (the "Loan") to the Borrower to acquire that certain real
property located in the City of Cupertino, California as more particularly described in Exhibit A
attached hereto (the "Property"), which the Borrower intends to rehabilitate to provide senior
congregate housing for up to five (5) very low inc~~me individuals (the "Project"). Capitalized
terms used but not defined in this Agreement shall. have the meanings set forth in the Loan
Agreement (as defined below).
B. The Project will consist of a single family home with five units of affordable
housing each being occupied by one (1) very :low income household and/or individual (the
"Tenant"). The Project will be available to households and individuals 60 years of age and older
in need of affordable senior housing.
C. The Loan is funded with Community Development Block Grant funds, received
by the City from HUD pursuant to Title I of the Housing and Community Development Act of
1974 (42 USC 5301, et sec .).
D. The City has agreed to make the Loan to the Borrower on the condition that the
Project be maintained and operated in accordance with restrictions concerning affordability,
operation, and maintenance of the Project, as specified in this Agreement and the Loan
Agreement.
394\Ol\667428.1
3/13/2009
E In order to ensure that the entire Project will be used and operated in accordance
with these conditions and restrictions, the City and the Borrower desire to enter into this
Agreement.
NOW THEREFORE, in consideration of the recitals, hereof, and other mutual covenants
and promises contained herein and for other valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the City and the Borrower hereby agree as follows.
ARTICLE 1
DEFINITIONS
1.1 Definitions
When used in this Agreement, the following terms shall have the respective meanings
assigned to them in this Article 1.
(a) "Actual Household Size" shall mean the actual number of persons in the
applicable household.
(b) "Adjusted Income" shall mean the total anticipated annual income of all
persons in a household, as calculated in accordance with 25 California Code of Regulations
Section 6914 or pursuant to a successor State housing program that utilizes a reasonably similar
method of calculation of adjusted income. In the event that no such program exists, the City
shall provide the Borrower with a reasonably similar method of calculation of adjusted income as
provided in said Section 6914.
(c) "Agreement" shall mean thi;> Regulatory Agreement and Declaration of
Restrictive Covenants.
(d) "Assumed Household Size" shall mean a household containing one (1) or
more family members.
(e) "Borrower" shall mean the Senior Housing Solutions, a California
nonprofit benefit corporation and its successors an~i assigns to the Project.
(f) "City" shall mean the City of Cupertino, a municipal corporation.
(g) "City Assisted Units" shall mean the Units which, pursuant to Section
2.1(a) below, are required to be occupied by, or if ~racant available for occupancy by, Very-Low
Income Households.
(h) "CDBG" shall mean the Community Development Block Grant Program,
operated pursuant to Title I of the Housing and Community Development Act of 1974 (42 USC
5301, et sec .).
(i) "Deed of Trust" shall mean ~:he deed of trust to the City on the Property
which secures repayment of the Loan and the performance of the Loan Agreement and this
Agreement.
2
394\01 \667428.1
3/13/2009
(j) "Project" shall have the meaning set forth in Recital A above.
(k) "Loan" shall mean all funds loaned to the Borrower by the City pursuant
to the Loan Agreement.
(1) "Loan Agreement" shall mean the Loan Agreement entered into by and
between the City and the Borrower, dated as of August ~ 2009.
(m) "Median Income" shall mean the median gross yearly income, adjusted for
Actual Household Size or Assumed Household Si~:e as specified herein, in the County of Santa
Clara, California, as published from time to time by the United States Department of Housing
and Urban Development ("HUD") and the State of~ California. In the event that such income
determinations are no longer published, or are not updated for a period of at least eighteen (18)
months, the City shall provide the Borrower with other income determinations which are
reasonably similar with respect to methods of calc~zlation to those previously published by HUD
and the State.
(n) "Note" shall mean the promissory note from the Borrower to the City
evidencing all or any part of the Loan.
(o) "Property" shall mean the real property described in Exhibit A attached
hereto and incorporated herein.
(p) "Rent" shall mean the total of monthly payments by the Tenant of an Unit
for the following: use and occupancy of the Unit z~nd land and associated facilities, including
parking; any separately charged fees or service ch~irges assessed by the Borrower which are
required of all Tenants, other than security deposit;; an allowance for the cost of an adequate
level of service for utilities paid by the Tenant, including garbage collection, sewer, water,
electricity, gas and other heating, cooking and refr~.geration fuel, but not telephone service or
cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilities
and assessed by a public or private entity other than the Borrower, and paid by the Tenant.
(q) "Tenant" shall mean a household occupying a Unit.
(r) "Term" shall mean the term of this Agreement, which shall commence on
the date of this Agreement and shall continue until the fifty-fifth (55th) anniversary date of this
Agreement, or such later date in the event the City and Borrower agree to extend such term.
(s) "Unit" shall mean one of they five (5) bedrooms rooms in the Project.
(t) "Very-Low Income Househ~~ld" shall mean a household with an Adjusted
Income that does not exceed the qualifying limits for very low income households, as established
and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937,
394\0l \667428.1
3/13/2009
and as published by the State of California Departlnent of Housing and Community
Development.
(u) "Very-Low Income Rent" shall mean the maximum allowable rent for
Very-Low Income Unit pursuant to Section 2.2(a) below.
ARTICLE 2
AFFORDABILITY AND OCCUPANCY COVENANTS
2.1 Occupancy Requirements.
(a) City Assisted Units. All of the Units shall be rented to and occupied by or, if
vacant, available for occupancy by Very-Low Income Households.
2.2 Allowable Rent
(a) Very-Low Income Rent. Su~.bject to the provisions of Section 2.3 below,
the Rent (including utility allowance) charged to Tenants of the City Assisted Units shall not
exceed the lesser of (1)one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of
Median Income, adjusted for Assumed Household Size or (2) the rent established by HUD for
Very-Low Income Households, adjusted for Assumed Household Size.
(b) Cit~Approval of Rents. Initial rents for all City Assisted Units shall be
approved by the City prior to occupancy. All rent increases shall also be subject to City
approval. The City shall provide the Borrower with a schedule of maximum permissible rents
for the City Assisted Units annually.
2.3 Increased Income of Tenants
(a) Non-Qualifying Household.
If, upon recertification of the income of a Tenant of a Very-Low Income Unit, the
Borrower determines that a former Very-Low Income Household's Adjusted Income has
increased and exceeds the qualifying income for a Very Low Income Household as set forth in
Section 1.1(t), such Tenant shall be permitted to continue to occupy the Unit and, then, upon
expiration of the Tenant's lease;
(1) Such Tenant's Rent shall be increased to one-twelfth (1/121h) of
thirty percent (30%) of the actual Adjusted Income of the Tenant upon sixty (60) days' written
notice to Tenant;
(2) If the Tenant previously occupied aVery-Low Income Unit, the
next available Unit shall be rented to a Very-Low Income Household in order to comply with
Section 2.1(a) above;
4
394\01\667428.1
3/13/2009
(b) Termination of Occupancy. Upon termination of occupancy of a Unit by a
Tenant, such Unit shall be deemed to be continuously occupied by a household of the same
income level (e.g., Very-Low Income Household) as the initial income level of the vacating
Tenant, until such Unit is reoccupied, at which time the income character of the Unit (e.g., Very-
Low Income Unit) shall be redetermined.
ARTICLE 3
INCOME CERTIFICATION AND REPORTING
3.1 Income Certification.
The Borrower will obtain, complete and m~iintain on file, immediately prior to initial
occupancy and annually thereafter, income certifications from each Tenant renting any of the
Units. The Borrower shall make a good faith effort to verify that the income provided by an
applicant or occupying household in an income certification is accurate by taking two or more of
the following steps as a part of the verification pro~~ess: (a) obtain a pay stub for the most recent
pay period; (b) obtain an income tax return for the most recent tax year; (c) conduct a credit
agency or similar search; (d) obtain an income verification form from the applicant's current
employer; (e) obtain an income verification form from the Social Security Administration and/or
the California Department of Social Services if the applicant receives assistance from either of
such agencies; or (f) if the applicant is unemployed and has no such tax return, obtain another
form of independent verification. Copies of Tenant income certifications shall be available to
the City upon request.
3.2 Annual Report to the City_
The Borrower shall submit to the City (a) not later than the sixtieth (60th) day after the
close of each calendar year, or such other date as may be requested by the City , a statistical
report, including income and rent data for the Very Low Income Household Units, setting forth
the information called for therein, and (b) within fifteen (15) days after receipt of a written
request, any other information or completed forms requested by the City in order to comply with
reporting requirements of the United States Department of Housing and Urban Development or
the State of California.
3.3 Additional Information.
The Borrower shall provide any additional information reasonably requested by the City
to the City, as applicable. The City shall have the right to examine and make copies of all books,
records or other documents of the Borrower which pertain to the Project.
3.4 Records.
The Borrower shall maintain complete, accurate and current records pertaining to the
Development, and shall permit any duly authorized representative of the City to inspect records,
5
394\O1\667428.1
3/13/2009
including records pertaining to income of Tenants. All Tenant lists, applications and waiting
lists relating to the Project shall at all times be kept separate and identifiable from any other
business of the Borrower and shall be maintained ~ls required by the City, in a reasonable
condition for proper audit and subject to examination during business hours by representatives of
the City. The Borrower shall retain copies of all rrlaterials obtained or produced with respect to
occupancy of the Units for a period of at least five (5) years. The Borrower is subject to the audit
requirements set forth in 24 C.F.R. 570.502.
3.5 On-site Inspection.
The City shall each have the right to perform an on-site inspection of the Project at least
one time per year. The Borrower agrees to cooper;~te in such inspection.
ARTICLE 4
OPERATION OF THE PROJECT
4.1 Use of the Development.
The Project shall be operated as a transactional housing project consisting of four (4) two
to three bedroom apartment units, with approximately nine (9) bedrooms, with each bedroom
occupied by a Tenant.
4.2 Compliance with Loan Agreement.
Borrower shall comply with all the terms alid provisions of the Loan Agreement.
4.3 Taxes and Assessments.
Borrower shall pay all real and personal property taxes, assessments and charges and all
franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed
against it, or payable by it, at such times and in such manner as to prevent any penalty from
accruing, or any line or charge from attaching to the Property; provided, however, that Borrower
shall have the right to contest in good faith, any su~~h taxes, assessments, or charges. In the event
Borrower exercises its right to contest any tax, assessment, or charge against it, Borrower, on
final determination of the proceeding or contest, shall immediately pay or discharge any decision
or judgment rendered against it, together with all cysts, charges and interest.
ARTICLE 5
PROPERTY MANAGEMENT AND MAINTENANCE
5.1 Management Responsibilities.
The Borrower is responsible for all management functions with respect to the Project,
including without limitation the selection of tenants, certification and recertification of household
size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine
and extraordinary repairs, replacement of capital items, and security. The City shall have no
responsibility over management of the Project. The Borrower shall retain a professional property
management company approved by the City in its reasonable discretion to perform its
6
394\01 \667428.1
3/13/2009
management duties hereunder, unless the City approves self-management by the Borrower. A
resident manager shall also be required.
5.2 Management Agent; Periodic Reports.
Unless the City approves self management by the Borrower, the Project shall at all times
be managed by an experienced management agent reasonably acceptable to the City, with
demonstrated ability to operate residential facilitie;~ like the Project in a manner that will provide
decent, safe, and sanitary housing (as approved, th~~ "Management Agent"). The Borrower shall
submit for the City's approval the identity of any proposed Management Agent. The Borrower
shall also submit such additional information about the background, experience and financial
condition of any proposed Management Agent as is reasonably necessary for the City to
determine whether the proposed Management Agent meets the standard for a qualified
Management Agent set forth above. If the proposed Management Agent meets the standard for a
qualified Management Agent set forth above, the City shall approve the proposed Management
Agent by notifying the Borrower in writing. Unle:;s the proposed Management Agent is
disapproved by the City within thirty (30) days, w}iich disapproval shall state with reasonable
specificity the basis for disapproval, it shall be deemed approved. The City approves Borrower
as the initial Management Agent for the Development.
5.3 Performance Review.
The City reserve the right to conduct an amiual (or more frequently, if deemed necessary
by the City) review of the management practices and financial status of the Project. The purpose
of each periodic review will be to enable the City to determine if the Project is being operated
and managed in accordance with the requirements and standards of this Agreement. The
Borrower shall cooperate with the City in such reviews.
5.4 Replacement of Management A eg_nt_
If, as a result of a periodic review, the City determines in its reasonable judgment that the
Project is not being operated and managed in accordance with any of the material requirements
and standards of this Agreement, the City shall deliver notice to Borrower of its intention to
cause replacement of the Management Agent, or, if the Project is being self-managed, to cause
the Borrower to retain a Management Agent, including the reasons therefor. Within fifteen (15)
days of receipt by Borrower of such written notice,, City staff, as applicable, and the Borrower
shall meet in good faith to consider methods for improving the financial and operating status of
the Project, including, without limitation, replacement of the Management Agent.
If, after such meeting, City staff, as applicable, recommends in writing the replacement of
the Management Agent, Borrower shall promptly dismiss the then Management Agent, or cease
self-management if the Project is self-managed and shall appoint as the Management Agent a
person or entity meeting the standards for a Management Agent set forth in Section 5.2 above
and approved by the City pursuant to Section 5.2 above.
Any contract for the operation or management of the Project entered into by Borrower
shall provide that the contract can be terminated as set forth above. Failure to remove the
Management Agent or to appoint a Management Agent instead of self-management in
7
394\O1\667428.1
3/13/2009
accordance with the provisions of this Section shall constitute default under this Agreement, and
the City may enforce this provision through legal proceedings as specified in Section 6.8.
5.5 Approval of Management Policies.
The Borrower shall submit its written man~lgement policies with respect to the Project to
the City for its review, and shall amend such policies in any way necessary to ensure that such
policies comply with the provisions of this Agreement.
5.6 Property Maintenance.
The Borrower agrees, for the entire Term of this Agreement, to maintain all interior and
exterior improvements, including landscaping, on -the Property in good condition and repair (and,
as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules,
ordinances, orders and regulations of all federal, state, City, municipal, and other governmental
agencies and bodies having or claiming jurisdictio~~ and all their respective departments, bureaus,
and officials. The Borrower shall make all repairs and replacements necessary to keep the
improvements in good condition and repair.
ARTICLE 6
MISCELLANEOUS
6.1 Lease Provisions.
The Borrower shall use a form of Tenant lease approved by the City. The form of Tenant
lease shall also comply with all requirements of this Agreement and the Loan Agreement, and
shall, include the following provisions for the City Assisted Units:
(a) provide for termination of the lease and consent by the Tenant to
immediate eviction for failure: (1) to provide any information required under this Agreement or
reasonably requested by the Borrower to establish or recertify the Tenant's qualification, or the
qualification of the Tenant's, for occupancy in the :Project in accordance with the standards set
forth in this Agreement, or (2) to qualify as a Very-Low Income Household, as a result of any
material misrepresentation made by such Tenant v~~ith respect to the income computation or
certification; and
(b) be for an initial term of not less than one (1) year, and provide for no Rent
increase during such year. After the initial year of tenancy, such lease may be month to month
by mutual agreement of the Borrower and the Ter.~ant, however the Rent may not be raised more
often than once a year. The Borrower will provides each Tenant at least sixty (60) days' written
notice of any increase in Rent applicable to such ~''enant, and with such further notice as may be
required by Section 2.3 above.
(c) provide that any termination of a lease or refusal by the Borrower to renew
must be in conformance with 24 CFR 574.310(e), :rnd must be preceded by no less than sixty
(60) days written notice to the tenant by the Borrower specifying the grounds for the action.
394\O1\667428.1
3/13/2009
6.2 Nondiscrimination.
All of the Units shall be available for occupancy on a continuous basis to members of the
general public who are homeless and income eligible. The Borrower shall not give preference to
any particular class or group of persons in renting ~or selling the Units, or any part of the Project
except to the extent that the Units are required to be leased to Very-Low Income Households.
There shall be no discrimination against or segreg~ltion of any person or group of persons, on
account of race, color, creed, religion, sex, sexual ~~rientation, marital status, national origin,
source of income (e.g., SSI), age, ancestry, or disability, in the leasing, subleasing, transferring,
use, occupancy, tenure, or enjoyment of any Unit or in the use or enjoyment of the Development,
nor shall the Borrower or any person claiming under or through the Borrower, establish or permit
any such practice or practices of discrimination or segregation with reference to the selection,
location, number, use, or occupancy, of tenants, le:~sees, sublessees, subtenants, or vendees of
any Unit or any part of the Project or in connectior- with the employment of persons for the
construction, operation and management of any Project.
6.3 Section 8 Certificate Holders.
The Borrower will accept as Tenants, on the same basis as all other prospective Tenants,
persons who are recipients of federal certificates for rent subsidies pursuant to the existing
housing program under Section 8 of the United Suites Housing Act, or its successor. The
Borrower shall not apply selection criteria to Secti~~n 8 certificate or voucher holders that are
more burdensome than criteria applied to all other prospective Tenants, nor shall the Borrower
apply or permit the application of management policies or lease provisions with respect to the
Project which have the effect of precluding occupancy of Units by such prospective Tenants.
6.4 Term.
The provisions of this Agreement shall apply to the Property for the entire Term even if
the Loan is paid in full prior to the end of the Term. This Agreement shall bind any successor,
heir or assign of the Borrower, whether a change ili interest occurs voluntarily or involuntarily,
by operation of law or otherwise, except as expres:~ly released by the City. The City makes the
Loan on the condition, and in consideration of, this; provision, and would not do so otherwise.
6.5 Compliance with Loan Agreement ;end Program Requirements.
Borrower's actions with respect to the Property shall at all times be in full conformity
with: (i) all requirements of the Loan Agreement; and (ii) all requirements imposed on projects
assisted under the CDBG Program as contained in 42 USC 5301 et sec ., 24 CFR Part 570, and
other implementing rules and regulations.
6.6 Notice of Expiration of Term.
At least six (6) months prior to the expirati~~n of the Term the Borrower shall provide by
first-class mail, postage prepaid, a notice to all Tenants in City Assisted Units containing (a) the
9
394\01 \667428.1
3/13/2009
anticipated date of the expiration of the Term, (b) piny anticipated Rent increase upon the
expiration of the Term, (c) a statement that a copy of such notice will be sent to the City, and (d)
a statement that a public hearing may be held by tree City on the issue and that the Tenant will
receive notice of the hearing at least fifteen (15) d~lys in advance of any such hearing. The
Borrower shall also file a copy of the above-described notice with the Senior Planner of the City.
In addition Borrower shall comply with the requirements set forth in California Government
Code Sections 65863.10 and 65863.11.
6.7 Covenants to Run With the Land.
The City and the Borrower hereby declare their express intent that the covenants and
restrictions set forth in this Agreement shall run with the land, and shall bind all successors in
title to the Property, provided, however, that on the; expiration of the Term of this Agreement
said covenants and restrictions shall expire. Each ;end every contract, deed or other instrument
hereafter executed covering or conveying the Property or any portion thereof, shall be held
conclusively to have been executed, delivered and accepted subject to such covenants and
restrictions, regardless of whether such covenants ~~r restrictions are set forth in such contract,
deed or other instrument, unless the City expressly release such conveyed portion of the Property
from the requirements of this Agreement.
6.8 Enforcement by the City.
If the Borrower fails to perform any obligation under this Agreement, and fails to cure the
default within thirty (30) days after the City has notified the Borrower in writing of the default
or, if the default cannot be cured within thirty (30) days, failed to commence to cure within thirty
(30) days and thereafter diligently pursue such cure and complete such cure within ninety (90)
days, the City shall have the right to enforce this Agreement by any or all of the following
actions, or any other remedy provided by law:
(a) Calling the Loan. The City may declare a default under the Note,
accelerate the indebtedness evidenced by the Note. and with respect to the Loan proceed with
foreclosure under the Deed of Trust.
(b) Action to Compel Performance or for Damages. The City may bring an
action at law or in equity to compel the Borrower's performance of its obligations under this
Agreement, and/or for damages.
(c) Remedies Provided Under Loan Agreement. The City may exercise any
other remedy provided under the Loan Agreement.
6.9 Attorneys Fees and Costs.
In any action brought to enforce this Agreement, the prevailing party shall be entitled to
all costs and expenses of suit, including attorneys' fees. This section shall be interpreted in
accordance with California Civil Code Section Ill 7 and judicial decisions interpreting that
statute.
10
394\0l \667428.1
3/13/2009
6.10 Recording and Filing.
The City and the Borrower shall cause this Agreement, and all amendments and
supplements to it, to be recorded in the Official Records of the County of Santa Clara.
6.11 Governing Law.
This Agreement shall be governed by the l~lws of the State of California.
6.12 Waiver of Requirements.
Any of the requirements of this Agreement may be expressly waived by the City in
writing, but no waiver by the City of any requirement of this Agreement shall, or shall be
deemed to, extend to or affect any other provision ~f this Agreement.
6.13 Amendments.
This Agreement may be amended only by ~l written instrument executed by all the parties
hereto or their successors in title, and duly recorde~~ in the real property records of the County of
Santa Clara.
6.14 Notices.
Any notice requirement set forth herein shall be deemed to be satisfied three (3) days
after mailing of the notice first-class United States certified mail, postage prepaid, addressed to
the appropriate party as follows:
Borrower: Senior Housing Solutions
512 Valley Way
Milpitas, California, 95035
Attention: Executive Director
City: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Attention: Senior Planner
Such addresses may be changed by notice to the other party given in the same manner as
provided above.
6.15 Severability.
11
394\O1\667428.1
3/13/2009
If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining portions of this Agreement shall not in any way be
affected or impaired thereby.
6.16 Multiple Originals; Counterparts.
This Agreement may be executed in multiple originals, each of which is deemed to be an
original, and may be signed in counterparts.
12
394\O1\667428.1
3/13/2009
IN WITNESS WHEREOF, the City and the Borrower have executed this Agreement by
duly authorized representatives, all on the date first written above.
BORROWER:
`ienior Housing S~~.elns, a
By: _
]ts:
CITY:
CITY OF CUPERTINO, a municipal
APPROVED AS TO FORM: corporation
mil`
By: ~ , ~ ~ Its:
City Attorney ~ P
13
394\O1\667428.1
3/13/2009
STATE OF CALIFORNIA
J
COUNTY OF ~~ Zl ~ /vl.~- )
On ~ ~ , before m ~ J I I ~ r~~~ ,Notary
Public, personall app ared ~ C~,l,~- ,proved to me on the
basis of satisfactory evidence to be the per on(s) whose names 1 /are subscri ed to the within
instrument and acknowledged to me th ~/she/thE;y executed the same in bier/their
authorized capacity(ies), and that by~er/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
J. TINDLE F
Commission # 1766057
<~~~ s Notary Public -California ~
~.~.~,
Santo Clara County
Corrxn. 20, 2011
STATE OF CALIFORNIA
COUNTY OF _`x~~ ~'~
On , ~ SOD ~ , `before me E3v~lGe Se~~1 ~ ,Notary
Public, personally appeared Q,~ ~ (~ l..)• ~~~ ,proved to me on the
basis of satisfactory evidence to be the person(p~ wh name(~j is/y fe subscribed to the within
instrument and acknowledged to me that he/~fe/lkfe;y executed the same in his/h~f/their
authorized capacity(i~), and that by his/her/tlt~ir s ignature(s') on the instrument the person(, or
the entity upon behalf of which the person(~a'j acted, executed the instrument.
I certify UNDER PENALTY OF PERJUR'~ under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
GRACE >3CFMMDT _
Co~M~ien t 1MOtZ7
~ C1~n Cowl~r ~~~~ ~
Mp Cars. EtpN~s Fib 2t, 201i Notary Public
394\01 \667428.1
3/13/2009
EXHIB:[T A
(Legal Description of the Property)
All that certain real property situated in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
LOT 81, "TRACT NO. 4461 WILLISTON PARK UNIT NO. 2", WHICH MAP WAS
RECORDED IN BOOK 236, PAGE 19 AND 20 OF MAPS, RECORDS OF SANTA CLARA
COUNTY, CALIFORNIA".
EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS, WITH NO RIGHT
OF SURFACE ENTRY, AS CONVEYED OF CALIFORNIA WATER SERVICE COMPANY,
A CALIFORNIA CORPORATION, BY DEED RECORDED IN BOOK 8119, PAGE 196 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS AS
CONVEYED TO THE CITY OF CUPERTINO, A. MUNICIPAL CORPORATION, BY DEED
RECORDED IN BOOK 8140, PAGE 215 OF OFFICIAL RECORDS.
APN: 369-OS-035-00
Approximately 2,002 square foot, 4 bedroom/two bath, single-family residence on a 7,405 square
foot lot.
Attachmenr. No. 1
103\06\459795.1