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12-106 Tank House, 2003 Addendum to Agreement, McClellan Ranch Restoration Project No. 2011-9252 ADDENDUM TO AGREEMENT This Addendum to Agreement in made and entered into as of Dec. 2.( ,2006 by and between the CITY OF CUPERTINO, a municipal corporation("City"), and the BYRNE AVENUE HOMEOWNERS ASSOCIATION("Homeowners"). RECITALS Whereas, City and Homeowners are parties to a certain Tank House Agreement dated July 1, 2006,incorporated by reference in a Letter of Intent executed by the Byrne Avenue Homeowners Association members Terry Hertel on July 13, 2006,Richard E.Whicker and Sharon K.Northrup on July 21, 2006 and Webster B.Meier,Jr. on July 24, 2006, in which the Homeowners, for consideration, granted to the City in fee simple the historic Tank House and certain surrounding property for use as an historical monument; and Whereas,the City agreed to coordinate a community effort to donate time and materials to renovate and restore the structure to its original condition; and Whereas, certain community service organizations are now willing to provide funding and labor for the Tank House renovation in exchange for use of the Tank House for meetings, Now,Therefore, it is hereby agreed by the parties as follows: 1. Subject to the terms,provisions, covenants and conditions of the existing Tank House Agreement,the parties agree that use of the Tank House by certain community service organizations for meetings is an acceptable use of the Tank House provided that,pursuant to section 4c of the Tank House Agreement, "None of the transferred property shall ever be used for a parking lot...." 2. Should the Tank House ever be removed from the property, demolished or destroyed,the City shall not convey the property back to the Byrne Avenue Homeowners Association as currently stated in the Tank House Agreement section 4d,but the property shall remain as City-owned property. 3. Except as hereby amended the existing Tank House Agreement shall remain in full force and effect. In Witness Whereof,the parties hereto have executed this Addendum to Agreement as of the day and year first above written. Attest: CITY OF CUPEiRTINp By 't%t_ _i City Clerk Mayor BYRNE AVENUE HO OWNERS ASSOCIATION • CHz-dt-f%( CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT o.ct .,eS c ,.cl` c� ,c,<,, c<.c',c-,^.c&<:<•f`-e;e,rec,ct�.c�` e 'mot` .ct`u< .c &,<•,ec;e-oe•(.o.`?, 2 State of California gx ss. County of ,50.y.-kat 0.-taco- >,II v On t2 21'0 to before me, Kt,rnYlrlarte Smit-1nt �1O'►ac� lP tic , lDate Name and Title of Officer(e.g.,"Jane Doe,Notary Public") I�� personally appeared SharcrAK.A0ci-hroF.,K;tc.1�l.Urc� E.(�htcker. 4 TeCc Hec*e1 , �,I ' Name(s)of Signer(s) I�� ❑personally known to me 2; IX proved to me on the basis of satisfactory evidence 2 to be the person(s) whose name(s) is/are 21 E subscribed to the within instrument and x AK„�. acknowledged to me that he/she/they executed ? Cammrsslon#t1615489 the same in his/her/their authorized 1 / �'js Notary Public-California^� ► _- capacity(ies), and that by his/her/their � Santa Clara County P 'mr ,x� � 1 2 signature(s) on the instrument the person(s), or ftAy Comm. 8 the entity upon behalf of which the person(s) 21 acted, executed the instrument. p WITNESS my hand and official seal. e–e■-r.K.,KnItht:e. SY7E:a ),,‘, ‘ Signature of Notary Public AF 3 OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent , fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: AYYtendvMevvt it A9feemetict CfPTonk Ho ow) Document Date: t Z-Z I-OC.o Number of Pages: Signer(s)Other Than Named Above: r Capacity(ies) Claimed by Signer h Signer's Name: RIGHT THUMBPRINT OF SIGNER ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General 21 ❑ Attorney-in-Fact 24 0 Trustee p ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2,02•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C�" •c( c c '.c c c.<-c ct c ; .c c e c ,c,<, ct:0.ct crct . ?'. <, — ..vc�' c�er �.O; II�} �,II ▪ State of California i ss. ▪ County of 5a vt�'a (1 ra. On 12'21-0(4 , taa3vyt NOi-ot1 ?LAD hC II Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") fS L'L. , �(� personally appeared K�C(5 W cn t�� FI�' ame(s)of Signer(s) Z� ( sonally known to me ,� ❑ proved to me on the basis of satisfactory ,, 'Ih evidence to be the person(e) whose name(a). isla,xe . .„, KIM MARIE SMITH subscribed to the within instrument and Commission#1615489 acknowledged to me that i4e/she//k}ey executed h ■- : '�; Notary Public-California t the same in his/her/t#eir authorized L'-.1;r, Santa Clara County capacity(+ee , and that by •bis/her/thQFr Z My Comm.Expires Nov 1,200 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) .acted, executed the instrument. F, WITNESS my hand and official se . 8 Signature of Notary Public l OPTIONAL FxThough the information below is not required by law,it may provr,valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. P Description of Attached Document 8 Title or Type of Document: Aw►.e Y101(1rtQtft -6 A9fee,w c.Agt (Tank-HOUe) Document Date: 12-al-Oto Number of Pages: 1 Signer(s)Other Than Named Above: _ I Capacity(ies) Claimed by Signer PSigner's Name: RIGHT THUMBPRINT OF SIGNER ❑ Individual Top of thumb here ▪ ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ▪ ❑ Other: Signer Is Representing: l r �� ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cl'. EC .oc A^�.c,<c<: e.ex,,<. Ax.:cx.c<K ,c,<,e<' ,-(,:c. cC cC`.c&C o<s&<,. er. rc ' C' .c ,,ei y' g FA State of California ss. ▪ County of t,5-C(tAi Q e(a rte- On ��c�v1 3 ZL� '7 beforeme,_[ iiYi rtarie Srrtf-vt ;Nc'1oi P b(lC FA ,,,,A,� Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared Web 5t .E.r Meier Name(s)of Signer(s) ❑personally known to me 61 Ix proved to me on the basis of satisfactory evidence < to be the person whose name is/ere Isubscribed to the within instrument and x AI acknowledged to me that he/slle iey executed 2I the same in his/he 4heir authorized r capacity(ies), and that by his/her,<their signatureca) on the instrument the personls), or KIM MARIE SMITH the entity upon behalf of which the person(srY Commission#� 1615489 acted, executed the instrument. ›, F ■ Notary Public-California CaNlor is k: ,MyComrn ExpireGour:20251 WITNESS my hand and official 1. FA /. Signature of Notary Publi��c�/� A, OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ' fraudulent removal and reattachment of this form to another document. Description of Attached Document FA Title or Type of Document: AMP(1 11Y1V ild• `!v A qce P K1 IA* (f'�. TOnk .40( 50 ) • Document Date: ( 2 -2)-PG, _ Number of Pages: I • Signer(s)Other Than Named Above: FA Capacity(ies) Claimed by Signer r: Signer's Name: RIGHT THUMBPRINT OF SIGNER • ❑ Individual Top of thumb here 6 ❑ Corporate Officer—Title(s): p ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee • ❑ Guardian or Conservator ❑ Other: h • Signer Is Representing: h,�G` >' .�<:;c4,�c`cc'c<,, :--C.'cC ;�t>�;x�c; - c�`c,:> >ex;C.cC<; c>G<>-<;G(XXi^-c>�; :`�sC> `ct>C;2,,;;C . ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2z 02•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Santa Clara County Clerk-Recorder's Office State of California County of Santa Clara Document No.: 17575 Office of the County Clerk-Recorder �� _ o, Number of Pages: 2 Business Division * r Filed and Posted On: 8/01/2012 f Through: 8/31/2012 County Government Center 'asO AL iki2_:?S> 70 West Hedding Street, E.Wing, 1S1 Floor Tq c� CRO Order Number: Fee Total: 50.00 San Jose,California 95110 (408)299-5688 REGINA ALCOMENDRAS, County Clerk-Recorder CEQA DOCUMENT DECLARATION by Laura Luna, Deputy Clerk-Recorder, ENVIRONMENTAL FILING FEE RECEIPT PLEASE COMPLETE THE FOLLOWING: 1. LEAD AGENCY: City of Cupertino 2. PROJECT TITLE: McClellan Ranch Tank House Restoration, Project No.2011-9252 3. APPLICANT NAME: Carmen Lynaugh • PHONE: 408-777-3354 4. APPLICANT ADDRESS: 10300 Torre Avenue, Cupertino, CA 95014 5. PROJECT APPLICANT IS A: El Local Public Agency ❑School District ❑Other Special District ❑State Agency ❑Private Entity 6. NOTICE TO BE POSTED FOR 30 DAYS. 7.CLASSIFICATION OF ENVIRONMENTAL DOCUMENT a.PROJECTS THAT ARE SUBJECT TO DFG FEES ❑ 1.ENVIRONMENTAL IMPACT REPORT(PUBLIC RESOURCES CODE§21152) $2,919.00 $ 0.00 ❑ 2.NEGATIVE DECLARATION (PUBLIC RESOURCES CODE 521080(C) $2,101.50 $ 0.00 ❑ 3. APPLICATION FEE WATER DIVERSION(STATE WA TER RESOURCES CONTROL BOARD ONLY) $ 850.00 $ 0.00 ❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 992.50 $ 0.00 ❑ 5. COUNTY ADMINISTRATIVE FEE(REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 0.00 Fish&Game Code§711.4(e) b. PROJECTS THAT ARE EXEMPT FROM DFG FEES CI 1. NOTICE OF EXEMPTION($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 50.00 ❑ 2. A COMPLETED"CEQA FILING FEE NO EFFECT DETERMINATION FORM"FROM THE DEPARTMENT OF FISH&GAME,DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH,WILDLIFE AND HABITAT,OR AN OFFICIAL,DATED RECEIPT/ PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE*SAME PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT ❑ NEGATIVE DECLARATION $ 50.00 $ 0.00 c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES ❑ NOTICE OF PREPARATION ❑ NOTICE OF INTENT NO FEE $ NO FEE 8. OTHER: - FEE(IF APPLICABLE): $ 9. TOTAL RECEIVED $ 0.00 `NOTE:"SAME PROJECT"MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME(OTHER THAN DATES),A"NO EFFECT DETERMINATION"LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED. THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE(INCLUDING COPIES) SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL(WET SIGNAL URE)AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO YOU AT THE TIME OF FILING.) CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED(Fish&Game Code§711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT OF FISH AND GAME FOR THE LATEST FEE INFORMATION. ..NO PROJECT SHALL BE OPERATIVE, VESTED,OR FINAL,NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID, UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID." Fish&Game Code§711.4(c)(3) 1-3-2012 (FEES EFFECTIVE 01-01-2012) CITY OF \� / File#: 17575 810112012 City of Cupertino AS. 9,, 10300 Torre Avenue C U P E RT I N O Cupertino, California 95014 Notice of Exemption To: County Clerk County of Santa Clara 191 North First Street San Jose, CA 95113 Project Title: McClellan Ranch Tank House Restoration, Project No. 2011-9252 Project Location—Specific: 22221 McClellan Road, Cupertino Project Location—City: Cupertino Project Location—County Santa Clara Description of Project: Restoring an existing Tank House including new siding, tank restoration, roofing and repairs to damage due to dry rot and termites. Name of Public Agency approving project: City of Cupertino Name of Person or Agency carrying out project: City of Cupertino Exempt Status: (check one) _Ministerial (Sec. 21080(b)(1): 15268); _Declared Emergency (Sec. 21080(b)(3), 15269(a)), Emergency Project(Sec. 21080(b)(4); 15269(b)(c)); X Categorical Exemption. State type and section number: 15301 Class 1 and 15302 Class 2 _Statutory Exemption. State code number: Reasons why project is exempt: alterations to existing buildings to preserve and protect facility Lead Agency Contact Person: Carmen Lynaugh, Telephone Number:408-777--3354 Signature Date:.7 Jl I/I L Title: Director of Public Works