14-012 Public improvements 10577 San Leandro AveRECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
23572147
Regina Alcomendras
Santa Clara County - Clerk -Recorder
01/31/2017 02:10 PM
Titles: 1 Pages: 6
Fees: 0.00
Taxes: 0
Total: 10-00
m11114�����'r�M���l� Ill; I',���+�1�NrfYi�M��I����Y���II III
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
AMENDMENT TO AGREEMENT FOR PUBLIC IMPROVEMENTS
10577 San Leandro Avenue, Cupertino, CA
APN: 357-05-074
Tom Ko and Hui-Hsun Chang, husband and wife as joint tenants
Y Original
0 For Fast Endorsement
NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27283 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant
dated December 23rd, 2016, from
10577 San Leandro Avenue, Cupertino, CA 95014
to the City of Cupertino, a governmental agency, is hereby accepted by order of the
Public Works Director, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: ,January 23, 2017
By.
Lauren Sapudar
Senior Office Assistant
AMENDMENT TO AGREEMENT
For Public Improvements
10577 San Leandro Avenue
APN: 357-05-074
This AMENDMENT TO AGREEMENT (Amendment) made and entered into this 13 r�
day ofit , 2016, by and between the CITY OF CUPERTINO, a municipal corporation
of the State of California, hereinafter designated as CITY, and Tom Ko and Hui-Hsun Chang,
husband and wife as joint tenants, hereinafter designated as DEVELOPER. This Amendment
amends the Agreement for Public Improvements 10577 San Leandro Avenue, Cupertino APN 357-
05-074.
RECITALS
A. WHEREAS, the DEVELOPER has made an application to the CITY to secure a Building
Permit to construct a single family dwelling at 10577 San Leandro Avenue, Cupertino,
CA, hereinafter referred to as "Project"; and
B. WHEREAS, CITY approved revised improvement plans and specifications dated
9/3/2014 prepared for the Project by Bay Land Consulting, replacing the previous set
of improvement plans prepared by Nordic Engineering, Inc. and referenced in the
original agreement. A true and correct copy of the revised improvement plans and
specifications are on file in the office of the City Engineer of Cupertino; and
C. WHEREAS, in or about 2014, the parties agreed to this Amendment. However, the
parties are unable to locate the original Amendment, which is necessary to carry out the
terms of the Amendment and for recording, and therefore, the parties re -execute this
Amendment.
THE PARTIES HEREBY AGREE AS FOLLOWS:
1. CITY hereby agrees to reimburse the DEVELOPER, 50% of the cost, up to and not to
exceed $5,000, to design, revise and construct ADDITIONAL IMPROVEMENTS beyond the
DEVELOPER'S FRONTAGE in conjunction with the improvements required as a condition to
secure a Building Permit for the Project. Said cost sharing will be reimbursed to the DEVELOPER
after installation and final acceptance of said ADDITIONAL IMPROVEMENTS. The improvements
describe will provide a benefit both to the DEVELOPER and to the City.
2. The revised improvement plans and specifications shall hereinafter supersede the "Plans"
as referenced by the original agreement, and the work to be done under the Revised Plans shall be
called the "Work".
(Signatures on page 2)
Pagel of 2
DEVELOPER:.
U °"l
Tom Ko
SEE ATTACHED
CALIFORNIA
i OTARIZATION
C
6ui-HLsufvn Chang
CITY OF CUPERTINO:
Imm Borden, P.E.
Director of Public Works
SEE ATTACHED App oved as to form:
CALIFORNIA
NOTARIZATION Randolph Stevenson Hom, City Attorney
Attach Notary acknowledgement
Page 2 of 2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califoris
County of 0?gy7A'e� C )
On �I �C2� l� Z 3 Z i before me, r?K 2' h Q f
(insert n me and t tle of e officer)
A14 ` r'
personally appeared Vl l� (— S
k R 4 �h
who proved to me on the basis of satisfactory evidence to be the person(s) whos ame(s) jeare
subscribed to the within instrument and acknowledged to me that be /they executed the same in
Pj fftheir authorized capacity(ies), and that by �~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.
Signature 'Lg��(Seal)
�;P. /I-(Z,-Z3.Z6t�
KAVIN 1%.`PA EL
Gommisslon -# 2010849
h�
;�etary Public C4!:`ornu --
I a m, da Go n'
i"y
0 E 2!;'
�;P. /I-(Z,-Z3.Z6t�
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of 15"J-Gl,
On ��ow. �E l� before me, J UuAN 6u—�
(Here insert name and title Or the o r
personally appeared 2.h
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/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.
JULIA KINST
Commission # 2002313
WITNESS my hand and official seal. Z -m V Notary Public -California z
Z ' Santa Clara County
My Comm. Expires Jan 25, 2017
Nota Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING TIUS FORM
This form complies with current California statutes regarding rzotar)- wording mrd
DESCRIPTION OF THE ATTAACCHE�OCUMENT • +f needed, should be completed and annched to the document. Acknowledgments
� �.F from other states may be completed for documents being sent to that state so long
as the wording does not require the California notal)- to violate California notal)'
h0 iJ 3�"�- U S - a �'�0�� law.
(Title or description of attached document)_ • State and County information nmst be the State and County where the document
6C+'V�� a signer(s) personally appeared before the notary public for acknowledgment.
AVL • Date of notarization must be the date that the signer(s) personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date 1 v3 I commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
fie/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this
Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
(Title) sufficient area pennits, otherwise complete a different acknowledb nent form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document, number of pages and date.
❑ Indicate the capacity claimed by the signer. If the clai ned capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
2015 Version wv✓w.NotaryClasses. coni 800-873-9865 Securely attach this document to the signed document with a staple.
AMENDMENT TO AGREEMENT
For Public Improvements
10577 San Leandro Avenue
APN: 357-05-074
This AMENDMENT TO AGREEMENT (Amendment) made and entered into this Z3 ►'s
day of r' , 2016, by and between the CITY OF CUPERTINO, a municipal corporation
of the State of California, hereinafter designated as CITY, and Tom Ko and Hui-Hsun Chang,
husband and wife as joint tenants., hereinafter designated as DEVELOPER. This Amendment
amends the Agreement for Public Improvements 10577 San Leandro Avenue, Cupertino APN 357-
05-074.
RECITALS
A. WHEREAS, the DEVELOPER has made an application to the CITY to secure a Building
Permit to construct a single family dwelling at 10577 San Leandro Avenue, Cupertino,
CA, hereinafter referred to as "Project"; and
B. WHEREAS, CITY approved revised improvement plans and specifications dated
9/3/2014 prepared for the Project by Bay Land Consulting, replacing the previous set
of improvement plans prepared by Nordic Engineering, Inc. and referenced in the
original agreement. A true and correct copy of the revised improvement plans and
specifications are on file in the office of the City Engineer of Cupertino; and
C. WHEREAS, in or about 2014, the parties agreed to this Amendment. However, the
parties are unable to locate the original Amendment, which is necessary to carry out the
terms of the Amendment and for recording, and therefore, the parties re -execute this
Amendment.
THE PARTIES HEREBY AGREE AS FOLLOWS:
1. CITY hereby agrees to reimburse the DEVELOPER, 50% of the cost, up to and not to
exceed $5,000, to design, revise and construct ADDITIONAL IMPROVEMENTS beyond the
DEVELOPER'S FRONTAGE in conjunction with the improvements required as a condition to
secure a Building Permit for the Project. Said cost sharing will be reimbursed to the DEVELOPER
after installation and final acceptance of said ADDITIONAL IMPROVEMENTS. The improvements
describe will provide a benefit both to the DEVELOPER and to the City.
2. The revised improvement plans and specifications shall hereinafter supersede the "Plans"
as referenced by the original agreement, and the work to be done under the Revised Plans shall be
called the "Work".
(Signatures on page 2)
Page 1 of 2
DEVELOPER:.
Tom Ko
SITE ATTACHED
CALIFORNIA
: ()TARIZATION
X4 ACX,
Ltiui-Hsuvn Chang
CITY OF CUPERTINO:
Imm Borden, P.E.
Director of Public Works
SEE ATTACHED App oved as to form:
CALIFORNIA _
NOTARIZATION Randolph Stevenson Hom, City Attorney
Attach Notary acknowledgement
Page 2 of 2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califor is
County of 0 h, �� )
On �I �C�� l� Z 3 Z before me, IC 6 v I e f /� a Gt b� '/-
(insert
(insert n me and t tleoft eoffi6er)
IS
personally appeared 0 � 1 AV( — h 1k Rh L
who proved to me on the basis of satisfactory evidence to be the person(s) whos ame(s)jeare
subscribed to the within instrument and acknowledged to me that fie/they executed the same in
jl fftheir authorized capacity(ies), and that by D.is4- edtheir 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.
Signature (Seal)
9-P. (Z,"�'.3• Z 6 t �
1i
KAVIN N PATEI
Commission 2010849
r.
Qii= m.,s;,1
Notary Public - Ca!;fornia
Alameda Co!. ;y
9-P. (Z,"�'.3• Z 6 t �
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of !j"J- - C QA -k& }
On &,J— of before me, JUtL cP% lL-rNSTl�(Ofa�-wk
(Here insert naame a3litle oho - r
personally appeared C#A
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/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.
;... JULIA KINST
Commission # 2002313
WITNESS my hand and official seal.Z -m Notary Public - California z
Z ' Santa Clara County D
My Comm. Expires Jan 25, 2017
Nota Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies frith current California statutes regarding notar}' wording and,
DESCRIPTION OF THE ATTACHEP DOCUMENT if needed, should be completed and attached to the document Acknowledgments
__ ( _ • - from other states may be completedfor documents being sent to that state so long
hw—Lh�^^ __ II '�-`'�"i Y'��r`'""'� as the wording does not require the California notary to violate California nolmy
W N 6 si—()5 •• oa�E I 0nxk lair.
(Title or description of attached document) C _ _ • State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
CYC. • Date of notarization must be the date that the signer(s) personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
I • The notary public must print his or her name as it appears within his or her
Number of Pages Document Date ?': ` � commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
Ire/she/they,— is /are ) or circling the correct forms. Failure to correctly indicate this
Individual (s) information may lead to rejection ofdocument recording.
❑ Corporate Officer The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. if seal impression smudges, re -seal if a
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s) Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney -in -Fact Additional infonnation is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document, numberofpages and date.
r-1 indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, mdreate the title (i.e. CEO, CFO, Secretary).
2015 Version www.NotaryClasses.con) 800-873-9865 Securely attach this document to the signed document with a staple.
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27283
DOCUMENT: 23251078
IIIIIIIIIVIIIIIII�I�III�I�III� �Po;,AMT PA I D
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 3
No Fees
RDE # 025
3/22/2016
8:26 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF COMPLETION
CITY PROJECT NAME: 10577 San Leandro Avenue, Cupertino, CA 95014
APN 357-05-074
1 Original
71 For Fast Endorsement
"NO FEE"
City of Cupertino
NOTICE OF COMPLETION is hereby given in order to comply with the provisions of
Section 27283 of the Government Code.
This is to certify that the Notice of Completion dated October 23, 2015 for
CITY PROJECT NAME: 10577 San Leandro Avenue, Cupertino, CA 95014,
APN 357-05-074
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino
on October 23, 2015 and the grantee consents to recordation thereof by its duly authorized
officer.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
Dated: March 21, 2016
By: --V (41, S,
Lauren Sapudar
Senior Office Assistant
CUPERTINO
Recording Requested By:
When Recorded Mail To:
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
SE
NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the agent of the owner of the project described below.
2. Owner's full name is: City of Cupertino
3. Owner's address is: City Hall, 10300 Torre Avenue, Cupertino, Ca 95014
4. Construction work on the project performed on the owner's behalf is generally described as
follows: City Project Name: 10577 San Leandro Avenue, Cupertino, CA 95014
APN 357-05-074
5. The project was completed on: October 23, 2015
6. The project is located at: _10577 San Leandro Avenue, Cupertino, CA 95014
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws
of the State of California that I have read this notice, and I know and understand the contents of this
notice, and that the facts stated in this notice are true and correct.
Z I (v Santa Clara Count
Date a d Place Si nat
Timm Borden
Director of Public Works and City Engineer
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
DOCUMENT: 22506119
111111111IV11111III11�IINIVIiIR@�11I
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
County Agency
Pages 17
Fees.... No Fees
Taxes...
Copies.
AMT PAID
RDE # 025
1/28/2014
11:08 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
AGREEMENT FOR PUBLIC IMPROVEMENTS
10577 San Leandro Avenue, Cupertino, CA 95014
APN 357-05-074
Tom Ko and Hui-Hsun Chang,
Husband and wife as joint tenants
Original
11 For Fast Endorsement
AGREEMENT
For Publicimprovements
10577 San Leandro Avenue
APN: 357-05-074
This AGREEMENT made and entered into this 13i� day of 7�►1�ky"�� e.Y— , 2013, by
and between the CITY OF CUPERTINO, a municipal corporation of the State of California,
hereinafter designated as CITY, and Tom Ko and Hui-Hsun Chang, husband and wife as ioint
tenants, hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made an application to the CITY to secure a Building
Permit to construct a single family dwelling at 10577 San Leandro Avenue, Cupertino, CA,
hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications dated
J_J 3 2 0 U prepared for the Project by Nordic Engineering, Inc., a true copy of which
improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated, here in by reference, the same as though set out in full;
NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the
"Plans", and the work to be done under the Plans shall be called the "Work".
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established
the amounts of Bonds, Fees, and Deposits as forth in the following schedule:
Page 2 of I I
$67,246.25
$67,246.25
$3,362.31
$1,000.00
$865.82
$.00
$150.00
$.00
$15,750.00
$.00
N/A
SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Improvement
Category:
PART A.
Faithful Performance Bond:
110-2211
PART B.
Labor and Material Bond:
110-2211
PART C.
Checking and Inspection Fee:
110-4538
PART D.
Development Miscellaneous Deposit:
110-2211
PART E.
Storm Drainage Fee — Basin 2
215-4072
PART E.
Storm Drainage Fee — Basin 3
215-4073
PART F.
Street Light — One -Year Power Cost:
110-4537
PART G.
Map Checking Fee:
110-4539
PART H.
Park Fee: Zone 1I
280-4082
1't .
PART H.
Park Fee: Zone I11
280-4083
PART 1.
Reimbursement Fee
Page 2 of I I
$67,246.25
$67,246.25
$3,362.31
$1,000.00
$865.82
$.00
$150.00
$.00
$15,750.00
$.00
N/A
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties
hereto as follows, TO WIT:
I. DEDICATION
A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which
is attached hereto and made a part hereof by reference. Said dedicated property shall be free
and clear of all liens or encumbrances except those, which the CITY shall waive in writing.
The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open
until the CITY accepts offer.
B. Upon execution of this AGREEMENT, the DEVELOPER agrees to deliver a
properly executed grant deed to the CITY of the real property described in Exhibit "A", and
such other executed conveyances, or instruments necessary to convey clear title as herein
required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to
the City:
i. A preliminary title report issued by a title insurance company relating to the
property offered for dedication.
ii. A standard policy of title insurance issued by a title insurance company and
insuring the CITY, and which shall show said property free and clear of all liens or
encumbrances except those as the CITY shall expressly waive in writing; said policy
shall be furnished at the time of acceptance of dedication and recordation of deed.
C. Upon the condition precedent that the DEVELOPER shall perform each and every
covenant and condition of this AGREEMENT, the CITY agrees to accept said real property
offered for dedication.
INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within one (1) year from the
date of execution of this AGREEMENT., or such longer period as may be specifically
authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to
complete the Work within the specified period of time, the CITY, at its sole option, shall be
authorized to complete the Work in whatever manner the CITY shall decide. In the event
the CITY completes the Work, the CITY may recover any and all costs incurred thereby
from the DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be
granted or street improvements shall not be accepted unless all the requirements for safety
purposes are installed, such as sidewalks, handicap ramps, street lights, etc.
B. . The DEVELOPER shall install and complete the Work in a good and workmanlike
manner in accordance with the plans as approved by the City Engineer of Cupertino. The
Work shall be done in accordance with existing ordinances and resolutions of the CITY and
Page 3 of I I
in accordance with all plans, specifications, and standards approved by the City Engineer.
The Work shall be done in accordance with all State and County Statutes applicable hereto.
The decision of the City Engineer shall he final as to whether any material or workmanship
meets the plans, specifications, and standards as set forth.
C. It is further agreed that the Work: shall be done in accordance with the most current
Standard Specifications of the Department of Public Works, California Department of
Transportation, State of California, and in accordance with the specifications of the
Cupertino Sanitary District where applicable.
D. Wherever the words "State" or "California Division of Highways" are mentioned in
the State Specifications, it shall be considered as referring to the City of Cupertino; also
wherever the "Director" or "Director of ]Public Works" is mentioned, it shall be considered
as referring to the City Engineer.
E. In case of conflict between the State Specifications and the specifications of the
CITY, and/or the Cupertino Sanitary District, the specifications !of the CITY and/or the
Cupertino Sanitary District shall take precedence over and be used in' lieu of such conflicting
portions.
3. QUITCLAIM DEED
It is further agreed that the DEVELOPER., when requested by the*CITY, shall quitclaim all
his/her rights and interests in, and shall grant to CITY authorization to extract water from
the underground strata lying beneath said project. DEVELOPER agrees to execute a
"Quitclaim Deed and Authorization" in favor of CITY, when presented to him/her for
signature. I . .
4. BONDS AND OTHER SECURITY
A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the
CITY a faithful performance bond to assure his/her full and faithful performance of this
AGREEMENT. The penal sum of said faithful performance bond is as set forth in Part A of
the SCHEDULE OF BONDS, FEES AND DEPOSITS. In the event that improvements are
to be made under this AGREEMENT, the; DEVELOPER shall, in addition to said faithful
performance, file with the CITY, a labor and materials bond in a penal sum as set forth in
Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS. Said bonds shall be
executed by a surety company authorized to transact a surety business in the State* of
California and have been approved by the City Attorney as to form and by the City Engineer
as to sufficiency. In the event that the DEVELOPER shall fail to faithfully perform the
covenants and conditions of this AGREEMENT, or to make any payorerit, or any dedication
of land, or any improvements herein required, the CITY shalllcalF'on'the surety to perform
this AGREEMENT or otherwise indemniflr the CITY for the bEVECOPER'S failure to do
SO. '1... .
Page 4+of I I
B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT
by depositing with the CITY:
Cash; or,
ii. A cashier's check, or a certified check payable to the order of the City of
Cupertino; or,
iii. A certificate of deposit, or instrument of credit meeting the requirements of
Government Code Section 66499 (b) or (c).
C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall
be as designated by the City Engineer, and shall be the equivalent io that which would have
been required had,the DEVELOPER furnished the CITY with a faithful performance surety
bond. In the event that the DEVELOPER shall fail to faithfully perform the covenants and
conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements he required, the CITY may apply the proceeds of said security thereto.
D. No release'of surety bond, cash deposit, check or certificate of deposit shall be made
except upon approval of the Director of Public Works. Schedule for bond and insurance
release for paper bonds are as follows: • '
i. Release of 90 percent of the faithful performance bond upon acceptance by
the Director of Public Works.
ii. Release of the remaining 10 percent of the performance bond at one year
from acceptance after all deficiencies have been corrected and in the absence of any
claim against such bond.
iii. 'Release of the entire labor and 'material bond at six rhonths from acceptance
After all. deficiencies have been corrected and in the absence of any claim against
such bond.
iv. Liability insurance, provided by the .DEVELOPER to hold the CITY
harmless in the event of liability arising from the project, to be retired at the end of
one year if all deficiencies have green 'corrected and in' fhe absence of any claim
against -such insurance. •
5. CHECKING AND INSPECTION FEE
It is further agreed that the DEVELOPER shall pay any and all necessary direct expenses.for
inspection, checking, etc. incurred by CITY in connection with said Project, and that
DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT,
the amount as set' forth herein at Page 2 (Part C). Should construction cost vary materially
from the estimate from which said sum' is calculated, the, City Engineer shall notify
DEVELOPER of•any additional sum due arid' owing as a result thereof:' '
Page 5 of I 1
6. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this
AGREEMENT, the amount set forth herein at Page 2 (Part D) as a development
maintenance deposit. The deposit may be used at the discretion of the City to correct
deficiencies and conditions caused by the: DEVELOPER or his/her contractor that may arise
during or after the construction of the development. The deposit shall also be used for
copies of approved plans for the CITY's files. If the cost exceeds the amount deposited the
DEVELOPER is required to pay actual overage prior to return of original plans. Any
unexpended amount will be returned to the DEVELOPER at the time all bonds are released
in accordance with paragraph 4 of this agreement.
7. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER. shall deposit with the CITY, prior to execution of
'this AGREEMENT,- a storm drainage charge in connection with the said Project in
accordance with the requirements established in Resolution 4422, March 21, 1977, in the
amount as set forth herein at Page 2 (Part.E).
8. STREETLIGHT - ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this
AGREEMENT, the amount as set forth herein at Page 2 (Part F), which amount represents
the power cost for street lights for one year.
9. MAP CHECKING FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this
AGREEMENT, for office checking of final map and field checking of street monuments, in
compliance with Section 4:1 of Ordinance No'. -47 (Revised 12/04/61) of CITY, the amount
as set forth herein at Page 2 (Part G). a
10. THE INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the
City Engineer,'plant street trees in conformance with the standards of the City of Cupertino.
Variety of *tree shall be selected from the CITY approved list.
11. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to
the CITY, prior to execution of this AGREEMENT, as is required within Section 18-1.602,
Park Land Dedicati6n, Cupertino Municipal Code, and which is further stipulated herein at,
Page 2 (Part H). Fees are also in accordance with action adopted by the City Council on
March 19, 1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code.
Page 6'of I I
12. REIMBURSEMENT FEE
It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of
this AGREEMENT, a reimbursement fee for the street improvements that have been
installed by the City, or by another property owner. Developer shall pay the City for the
cost of the land at 'the cost to the City, or another property owner, and shall pay a street
improvement reimbursement charge for the improvements which the City or another
Property owner, installed on the street abutting or included in the benefited property, in an
amount equal to the total improvement costs for each particular benefited property as set
forth in a reimbursement agreement, in the amount as set forth herein at Page 2 (Part 1).
Payments for both land and improvements shall include simple interest in the amount of
seven percent per year, to be calculated in the following manner:
A. Land'Cost. Interest to accrue from•the date the street improvements are accepted by
the City to the date` the street improvements reimbursement charge, is paid, or if the land is
purchased by the'City for a City project, from'the date of purchase to the date the charge is
paid.
B. Improvement Cost. Interest to accrue from the date the street improvements are
accepted by the City to the date the street improvement reimbursement charge is paid, or if
installed by the' City, from the date installation commenced to the date the charge is paid.
C. Provided', however, that the interest shall be waived if the adjoining property owner
dedicates or has dedicated to the City land necessary for the street improvements, or where
no such dedication is necessary.
13. MAINTENANCE'OF WORK
It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in
the Work are corrected to conform to the Plans and the City Standards and Specifications for
the Work. ' The DEVELOPER shall, upon written notice thereof, immediately repair or
replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of
said CITY, all'defects'and imperfections arising.out of or due 'to faulty'workmanship and/or
materials appearing in said Work.
14. SANITARY DISTRICT
It is further°agreed'that the DEVELOPER' shall file with the CITY, upon execution of this
AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER
has submitted plans for review by the District and that sanitary sewers are available to serve
all lots within said Project.
Page 7 of I I
15. GOVERNMENT COSTS
It is further agreed that the DEVELOPER. shall file with the CITY, upon execution of this
AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter
4 of the Government Code, pertaining to special assessments or bonds, have been complied
with.
16. PACIFIC GAS AND ELECTRIC/ AT&T
It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company
and/or to AT&T any and all fees required for installation of overhead and/or underground
wiring circuits to all electroliers within said property and any and all fees required for
undergrounding 'as 'provided in Ordinance No. 331 of CITY when the DEVELOPER is
notified by either the City Engineer or Pacific Gas and Electric Company and/or AT&T that
said fees are due -and payable.
17. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary for completion of the
Project shallbe'acquired by the DEVELOPER at his/her own cost and expense.
It is provided; however, that in the event eminent domain proceedings are required, the
CITY for the purpose of securing said easement and right -of --way, that the DEVELOPER
shall deposit with CITY, a sum covering the reasonable market value of the land proposed to
be taken and, to be included in said sum; shall be a reasonable allowance for severance
damages, if any.' It is further provided that in addition thereto, such sums as may be required
for legal fees arid'costs, engineering, and other incidental costs in'sucli'reasonable amounts
as the CITY may require, shall be deposited with the City of Cupertino.
18. HOLD HARMLESS
It is further agreed that, commencing with the performance of the Work by the
DEVELOPEk or his/her contractor and continuing until the completion of the maintenance
of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from
and against any or all loss, cost, expense, damage or liability, orcla'im thereof, occasioned
by or in any'wa'y arising out of the performance or nonperformance of the Work or the
negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents,
employees"and�iindependerit contractors;`except"to the extent'any of'the foregoing is caused
by the riegligence'or willful misconduct of the'.CITY or the CITY'S agents, employees and
independent contractors.
19. INSURANCE
It is further agreed 'that: the DEVELOPER. shall take out, 'or shall require any contractor
engaged to perform the Work to take out', and maintain at all times during the performance
and maintenance of the Work called -for or required to be done 'hereunder, a policy of
Page 8 of I I
insurance naming the CITY and members of the City Council of the City of Cupertino
individually and collectively, and the officers, agents and employees of the CITY
individually and collectively, as insured. Said separate policy shall provide bodily injury
and property damage coverage to the foregoing named CITY and individuals covering all
the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and
property damage insurance must be on an occurrence basis; and said policy or policies shall
provide that the coverage afforded thereby shall be primary coverage to the full limit of
liability stated'!inIthe, declarations, an'd'-'if the CITY, its :membersof-the,--City Council
indi`vid'uafIy` `and' soflectively, 'land 'the lifficers; agents and-, 1e6 ployees' of the CITY,
individually aid collectively, have"other insurance against the loss covered by said policy or
policies, that other insurance shall not be called upon to cover a loss under said additional
policy.
The insurance carrier shall provide proof of their ratings. All ratings should be Best's Guide
Rating of A, Class VII or better or that 'is acceptable to the CITY.
A. Each `of said policies of insurance shall provide coverage in the following minimum
amounts: for general liability .for bodily injury, personal injury and property damage
$1,000,000 each occurrence, with an aggregate limit of not less fhan'V,000,000.
B. The DEVELOPER shall file with the City Engineer at or prior to the time of
execution of this'AGREEMENT by the DEVELOPER such evidence of said foregoing
policy or policies of insurance as shall be satisfactory to said City Engineer. Each such
policy or policies shall bear an endorsement precluding the cancellation or reduction in.
coverage w1th'out giving the City Engineer at1east ten (10) days,advance notice thereof.* The
CITY shall be shown as additionally insured on a separate "Additional Insured Owners,
Lessees or 'Contractors" (Form A) or (Form B) Endorsement provided along with the
evidence of'sai'd foregoing policy of policies of Insurance.
C. In the event that the Project covered'lierein should be mUtually'situated in or affect
the area of jurisdiction bf a lsep'arate' municipality 'or political -subdivision of the State of
California, -the, policies of insurance � rea'uired herein and above shall co -name such
municipality or political subdivision and the provision set forth'herein and above for the
protection of the CITY shall equally apply t:o municipality and political subdivision.
D. DEVELOPER to use City supplied forms for proof of insurance and endorsements to
policy as specified above.
20. MAPS AND/OR IMPROVEMENT PLANS!
It is further agreed' 'tha't the CITY slal'I' obtain the following map and/or plans at the
DEVELOPER'S expense:
A. A Mylar blackline a'nd five (5)' prints'of fully executed parcel map.
B. A Mylar blackline and twelve (12) prints of fully executed improvement plans.
Page 9 of I I
,'"� uiapr�i 3i ��'arv���j,�rRS iyti��Yy�t� +tl,¢ ii pht�l t�!!�!i�{•i• "ixi�S?i"�"6\ d'7�...
'� ... 3 i � 7.+',t�• � N P. a � :� .�,. yyah �3
C. A scan in raster format of all executed improvement plans and map.
D. One (1) % size prints of fully executed plans and map.
The DEVELOPER agrees" to pay the CITY from the development maintenance deposit the
cost' for all -prints of plans and maps.' • If costs exceed the'°amount deposited the
DEVELOPER' is required to pay actual overage prior 'to return of original plans.
• Page 10,of I I
!i
• Page 10,of I I
21. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and
transferees of the DEVELOPERS. The assignment of this AGREEMENT shall not be made
without approval by the Public Works Director of the City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by the Director
of PublicWorks, and said! DEVELOPER :has ;hereunto caused their name to be affixed the
day and year first above written.
CITY OF CUPERTINO:
Approved as to form:
City Attorney
Attach Notary acknowledgement
Page I I of 1 1
t_
%r,Tm Borden, P.E.
Director of Public Works
DEVELOPER:
Tom Ko
\ SIS- �L
Hui-Hsun Chang
FE
EXM KBIT A
Dedication of Right of Way for Roadway Purposes
All of that certain property situate in the, City of Cupertino, County of Santa Clara,
State of California described as follows::
BEGINNING at the northeasterly most corner of Lot *49, as shown upon that
certain Map entitled, Map of Las Palmas Monta Vista which was recorded in
Book 'P' of maps, at page 17, Santa Clara County records, said corner also
being on the westerly right of way line of San Leandro Avenue; thence along said
westerly line, S00007'OOn'W, 100.12 feet; thence leaving said westerly line, along
the southerly line of said Lot 49 N89°i53'OO"W, 10.00 feet; thence leaving said
southerly line, N00°07'00°E, 100.12 feet to a point on the northerly line of said
Lot 49; thence along said northerly line S89053'00"E, 10.00 feet more or less to
the POINT OF BEGINNING of this description.
Containing 1,001 square feet more or less.
APN 357-05-074
May 22, 2013
D
49
r
�s
C1V✓NV,
OF J 15`
Sheet 1 of 2
PLAT TO ACCOMPANY EXHIBIT A
STREET DEDICATION TO THE
CITY OF -CUPERTINO
10577 SAN LEANDRO
CUPE;RTINO, CA
20 0 20
SCALE: 1"=20'
N89°53'00"W 100.12'
►N AREA: 10,024 S.F.
I o 0.23 AC.
o APN 357-52-074
L
rC
o C
o
to LOT 49-
I(A BOOK P—M-17
PROPERTY LIME
I
I
L
N8 __,_ _
`na�Yt4�' 9°53'00"W 100.12'
r
V t
V.
Of 6�
MAY 22, 2013
AVE.
5 .00'
20.00' 30.00'+
I
P.O.B.
I
W'I i
Q �
a
c�
O z
< ►
d m
Z ``
0
Q v'
W a
.__I P?
I
30.00'
I
Nordic Engineering Inc.
Civil Engineering • Land Surveying
Serving Santa Clara, San Mateo & Santa Cruz Counties
Office (408) 257-6452 • Fax (408) 257-6621
nordlcenglneers@yahoo: oom
www.NordicEngineering.com
SHEET 2 OF 2
ACKNOWLEDGMENT
State of California
County of Santa Clara
On before me,
[Rick Chehab, Notary Public
(insert name and title of the officer)
personally appeared M K8 _ 14 oAf e-,-'Ooo a
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) yV/are
subscribed to the within instrument and acknowledged to me that 4&/-u4e/they executed the same in
W4kier/their authorized capacity(ies), and that by ker/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.
Signature r
RICK A. CHE iA
Commission # 1969203
Notary Public - California =
Z Santa Clara County
My Comm. Expires Mar 2. 2016
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
rivll Cnne a 44
On PeCe-iber (pr 2' before me, l� t'r-S c S -fir p
Date �= ? e �) �e y' U �t i -G 4 �% o ti 1 U b � t O ,
Here InsertName and Title of the Officer r
personally appeared
KIRSTEN RENEE SOUARCIA
Commission # 1906898
Z "® Notary Public - California i
Z Santa Clara County
My Comm. Expires Oct 4. 2014
Place Notary Seal Above ^ nnyy
OP TI
— frv%, dor-c r -n
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose namlis. re
subscribed to the within instrument and acknowledged
to me thathe she/they executed the same in
his Icer/their authorized capacity, and that by
Chi Icer/their signature,(s') on the instrument the
person(s), or the entity upon behalf of which the
personal 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.
Signature:
�i�`�i
Signatureof Notary Pub is
OIilA1L
Though the information below is not required by law, it mEy 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 p-t_q
Title or Type of Document: (e `� 7," PC/6 t; _ /11,t d /-, klc v�-? e—_�f
Document Date: -eP 4-e-1 9v l 3 f 2.013 _ Number of Pages: /3
Signer(s) Other Than Named Above: o <c, 1a1/ u cHsu, cj,1 aG7q
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
Sig
Individual
=I -
Partner — ❑ Limited ❑ General
Attorney in Fact
177
Trustee
Guardian or Conservator
Other:
ner Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
s
CJ Partner— ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
El Guardian or Conservator
Cl Other:
Signer Is Representing:
......— - .a-1ULd1y. y - i-ouu-uo IVvIAHY (7-8UU-876-6827)
Item k5907
VERIFICATION
I have reviewed this Improvement Agreement and to the best of my knowledge, the information
contained herein is true and complete.
I verify under penalty of perjury under the laws of the State of California, that the foregoing is
true and correct.
Executed on the 24th day of January, at Cupertino, California
Dorothy Steer.
Senior Office. ssistaot