14-021 Installation Agreement with Gajendra Prasad Singh and Priti Kushwaha 10326 Byrne Ave APN 357-15-076RECORDING 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: 23251077
11111111111111N i, 11111 m 11
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages 3
Fees.... - No Fees
Taxes..
Copies..
AMT PAID
RDE # 025
3%222016
8:26 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF COMPLETION
CITY PROJECT NAME: 10326 Byrne Ave, Cupertino, CA 95014
APN 357-15-076
Original
13 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 June 22, 2015 for
CITY PROJECT NAME: 10326 Byrne Ave, Cupertino, CA 95014, APN 357-15-076
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino
on June 22, 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:
auren 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:
The undersigned is the agent of the owner of the project described below.
Owner's full name is: City of Cupertino
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: 10326 Byrne Ave., Cupertino, CA 95014
APN 357-15-076
The project was completed on: June 22, 2015
6. The project is located at: _10326 Byrne Ave., 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 rect.
'1>12-1 II to ; Santa Clara County
Date and Place' -signature
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: 22'524238 Pages 21
Fees.... No Fees
Taxes ...
Copies..
AMT PAID
REGINA ALCOMENDRAS RDE # 008
SANTA CLARA COUNTY RECORDER 2/21/2014
Recorded at the request of 2:19 PM
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
INSTALLATION AGREEMENT
10326 Byrne Avenue, Cupertino, CA 95014
APN 357-15-076
Gagendra Prasad Singh and Priti Kushwaha, husband and wife, as
community property with right of survivorship
0 Original
13 For Fast Endorsement
City of Cupertino
INSTALLATION AGREEMENT
(Cupertino Municipal Code Chapter 14.04)
10326 Byrne Avenue, Cupertino, CA 95014
APN: 357-15-076
This INSTALLATION AGREEMENT ("Agreement",) is made and entered into this day of
7p L '20_ L3__, by and between the CITY OF CUPERTINO, a municipal corporation
of the State of California, ("CITY"), and Gaiendra hrasad Singh and Priti Kushwaha, husband and
wife, as community property with right of survivorship ("DEVELOPER") for a single family
dwelling located at 10326 Byrne Avenue, Cupertino.
RECITALS
1. DEVELOPER has presented to the City an application for a development entitlement
consisting of a single family dwelling (the "Development Entitlement") located at 10326 Byrne
Avenue; Cupertino CA (the "Property").
2. Chapter 14.04 of the Cupertino Municipal Code ("CMC") requires, as a condition
precedent to the erection, construction, addition, alteration or repair of any building or structure
in certain designated areas of the City with unimproved streets and for which a building permit is
required by the City, installation of certain types of public improvements and/or dedication where
deemed necessary by the City Engineer.
3. In consideration of City's approval of the Development Entitlement and pursuant to the
requirements of CMC Chapter 14.04, Developer desires to enter into this Agreement promising to
install and complete, at Developer's sole expense, all public improvement work required by the
City for the proposed development.
4. Developer has prepared and City has approved plans and related specifications (the
"Improvement Plans") for construction, installation and completion of improvements. The
Improvement Plans titled 10326 Byrne Avenue, Cupertino prepared by LC Engineering and dated
December 2, 2013, are hereby incorporated into this Agreement by reference.
NOW, THEREFORE, in consideration of the approval by City of the Development
Entitlement, City and Developer agree as follows:
DEVELOPER'S OBLIGATION TO INSTALL IMPROVEMENTS
Page 1 of 1 1
a. Completion of Improvements. Developer, at its own expense, shall furnish, install, and
construct all improvements required by the City Engineer pursuant to Chapter 14.04 of the
Cupertino Municipal Code, or as amended, in a good and workmanlike manner and as shown on
the Improvement Plans as approved by the City Engineer of Cupertino and in accordance with
existing ordinances and resolutions of the CITY and other applicable laws. The decision of the City
Engineer shall be final as to whether any material or workmanship meets the plans, specifications,
and standards as set forth.
b. Compliance with applicable laws and rules. Developer shall complete the Work 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. 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. 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.
c. Repair and replacement of damaged public facilities. Developer shall, at its own expense,
repair or replace all public improvements, public utility facilities, surveying monuments and other
public facilities that are destroyed or damaged as a result of any work under this agreement.
Developer shall promptly notify the City Engineer of such damage and shall obtain the City
Engineer's approval of all repair and replacement of damaged facilities.
d. Developer's responsibility until City's acceptance. Until City accepts the Improvements,
Developer shall be responsible for the care and maintenance of such improvements and shall bear
all risks of loss or damage to the improvements. City shall not have any liability for any accident,
loss or damage to the Improvements prior to their completion and acceptance by City. City's
acceptance of the Improvements shall not constitute a waiver of any defects in the Improvements
or Developer's obligation to repair such defects as provided in section 9 of this Agreement.
2. TIME FOR INSTALLATION OF IMPROVEMENTS
a. Required time of completion. DEVELOPER shall install and complete the Improvements
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 1-ngineer. 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.
Page 2 of 11
3. DEDICATION OF EASEMENTS OR RIGHTS OF WAY
a. The DEVELOPER offers to dedicate the real property shown on Exhibit "A" and "B", which is
attached hereto and made a part hereof by reference (the "Dedicated Property"). 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.
The Dedicated Property shall be free and clear of all Liens or encumbrances except those which the
CITY agrees to waive in writing. Developer agrees not to revoke this offer of dedication, and to
keep said offer open until the CITY accepts offer. Upon execution of this Agreement, Developer
agrees to deliver a properly executed grant deed to the CITY of the real property described in
Exhibit "A" and "B", 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 at the time of acceptances of dedication and recordation of deed, (1) a
preliminary title report issued by a title insurance company relating to the property offered for
dedication, and (2) a standard policy of title insurance issued by a title insurance company and
insuring the CITY, showing that the Dedicated Property is free and clear of all liens or
encumbrances except any that the City expressly agreed to waive.
4. QUITCLAIM DEED
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.
5. SECURITY
a. Required Security. Prior to execution of this Agreement, Developer shall provide the
following security to City in a form acceptable to the City:
(1) Faithful performance. Security for faithful performance in the amount set forth Part A
of the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by reference
as Exhibit C.
(2) Labor and Materials. Security for labor and materials in a penal sum as set forth Exhibit
C.
b. Form of Security. Developer shall provide as security, bonds executed by a surety company
authorized to transact a surety business in the State of California and approved by the City 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 payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or
otherwise indemnify the CITY for the DEVELOPER'S failure to do so.
Page 3 of I I
In lieu of a surety bond, the DEVELOPER may elect: to secure this AGREEMENT by depositing with
the CITY (1) Cash; (2) A cashier's check, or a certified check payable to the order of the City of
Cupertino; or (3) A certificate of deposit, or instrument of credit acceptable to the City and
meeting the requirements of Government Code Section 66499 (b) or (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 to 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 herein required, the CITY may apply the proceeds of
said security thereto.
c. Release of Security. 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:
(1) Release of 90 percent of the faithful performance bond upon acceptance by the Director of
Public Works.
(2) 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.
(3) Release of the entire labor and material bond at six months from acceptance after all
deficiencies have been corrected and in the absence of any claim against such bond.
(4) 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
been corrected and in the absence of any claim against such insurance.
6. PAYMENT OF REQUIRED FEES
a. Permits and licenses. Developer shall, at its sole expense, obtain all necessary permits and
licenses for the construction acrd installation of the Improvements, give all necessary notices, and
pay all fees required by City ordinance, including but not limited to the fees described in this
Agreement, and all taxes required by law.
b. Fees. Developer shall pay fees in the amounts set forth in Exhibit C, including but not limited
to the following, as required:
(1) Inspection Fees. DEVELOPER shall pay any and all necessary direct expenses for inspection,
checking, etc. incurred by CITY in connectnon with said Project, and that DEVELOPER shall
have deposited with CITY, prior to execution of this AGREEMENT. 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 and owing as a result thereof.
(2) Storm Drainage Fee. 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.
Page 4 of I I
('3) Map Checking Fee. 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.
(4) Park Fee. 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
Dedication, Cupertino Municipal Code. Park fees are calculated 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.
(S) Reimbursement Fee. DEVELOPER shall deposit with the CITY, prior to execution of this
AGREEMENT, a reimbursement fee for any 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. 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:
(i) 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.
(ii) 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.
(iii) 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.
7. DEVELOPMENT MAINTENANCE DEPOSIT
DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth in
Exhibit C as a development maintenance deposit. City may use the deposit at its discretion to
correct deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise
during or after the construction of the development, and to obtain copies of approved plans for
the CITY's files. If the costs exceed the amount deposited, DEVELOPER shall 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 5 of this agreement.
Page 5 of I 1
8. STREET TREE INSTALLATION
DEVELOPER shall fund the City for purchase and planting of street trees as deemed appropriate by
the City Engineer; or shall, at the discretion and at such time as deemed appropriate by the City
Engineer, plant street trees in conformance with the standards of the City of Cupertino. The
variety, number and location of trees are subject to City's prior approval.
9. MAINTENANCE AND WARRANTY
a. Developer guarantees and warrants the Improvements and agrees to remedy any defects,
damages, or imperfections in the Improvements arising from faulty or defective materials or
construction of the Improvements for a period of one year after City's acceptance of the
Improvements.
b. If, within the warranty period, the Improvements or any part of the Improvements fail to
fulfill any of the requirements of this Agreement or the Improvement plans and specifications,
Developer shall repair, replace or reconstruct any defective or otherwise unsatisfactory parts of
the Improvements without delay and at no cost to City. If (a) Developer fails to commence repairs
within thirty (30) days of the date of mailed written notice from City, or (b) City determines that
public safety requires repair before Developer can be notified, City may, at its sole option, perform
the required repair itself. Developer agrees to pay the cost of any repairs City performs pursuant
to this agreement and City may, at its option, recover that cost as a lien against Developer's
property.
10. SANITARY DISTRICT
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 nerve all lots within said Project.
11. GOVERNMENT COSTS
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.
12. UTILITIES
DEVELOPER shall pay to Pacific Gas and Electric Company, AT&T, and/or appropriate utility
companies, 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,
Pacific Gas and Electric Company, AT&T, or appropriate utility companies that said fees are due
and payable.
Page 6 of I I
13. EASEMENTS AND RIGHT-OF-WAY
Developer shall acquire any easement and right-of-way necessary for completion of the Project at
its own cost and expense. However, that in the event eminent domain proceedings are required,
the CITY for the purpose of securing said easement and right-of-way, 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 and costs,
engineering, and other incidental costs in such reasonable amounts as the CITY may require, shall
be deposited with the City of Cupertino.
14. HOLD HARMLESS AND INDEMNIFICATION
DEVELOPER shall indemnify and hold harmless CITY, its officers, agents and employees from and
against any or all claims, loss, cost, expense, damage or liability, resulting or in any way arising out
of Developer's performance or nonperformance of his/her duties under this Agreement, or from
negligent acts or omissions or willful misconduct of Developer's agents, employees and
contractors, or subcontractors. Developer shall, at his/her own cost and expense, defend any and
all actions, suits or legal proceedings that may be, brought against the City, it officers, agents and
employees resulting from or arising out of Developer's performance or nonperformance of his/her
duties and obligations under this agreement, except to the extent any of the foregoing is caused
by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and
independent contractors.
15. INSURANCE
DEVELOPER shall maintain in full force and effect: at all times during the term of this Agreement
and shall provide to the CITY a copy of said insurance policy prior to starting work within the public
right-of-way. The policy of insurance shall name 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 additional 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 in the
declarations, and if the CITY, its members of the City Council individually and collectively, and the
officers, agents and employees of the CITY, individually and 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 be licensed to do business in the state of California and 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. 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 than $2,000,000.
Page 7 or Lt
DEVELOPER shall file with. the City Engineer at or prior to the time of execution of this AGREEMENT
by the DEVELOPER evidence of insurance coverage satisfactory to the City. Each policy or policies
shall bear an endorsement precluding the cancellation or reduction in coverage without giving the
City Engineer at least thirty (30) days advance notice thereof.
In the event that the Improvements are situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the required insurance shall also
name the other jurisdiction(s) as additional insured.
16. MAPS AND/OR IMPROVEMENT PLANS
Developer shall provide CITY with the following maps and/or plans at the DEVELOPER'S expense:
A. A mylar blackline and three (3) prints of fully executed parcel map.
B. A mylar blackline and three (3) prints of fully executed improvement plans.
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.
17. SUCCESSORS AND ASSIGNS -COVENANT RUNNING WITH THE LAND
This Agreement shall inure to the benefit of, and be binding upon the heirs, administrators,
successors, assigns and transferees of the Parties, ,and shall be recorded in the Office of the County
Recorder and constitute a covenant running with the land. Upon any sale or division of the
Property, the terms, covenants, conditions and rE!strictions of this agreement shall apply to each
parcel, and the owner or owners of each parcel shall succeed to the obligations imposed upon
developer by this Agreement.
18. FAILURE TO PERFORM
In the event developer fails to perform one or more of the covenants and conditions of this
agreement, City at its option shall have recourse to the security given to guarantee the
performance of such acts. City may, at its option, do or cause to be done, the acts required of
Developer and shall have recourse against as much of the security is necessary to discharge
Developer's responsibility. City shall also have recourse against developer for any and all amounts
necessary to complete the obligations of developE!r in the event that the security is insufficient to
pay such amounts. All administrative costs, including reasonable attorney's fees incurred by City in
Page 8 cif I 1
addition to the costs of the improvements shall be proper charges against the security and
Developer.
19. NOTICES
All notices, demands, requests or approvals to to given under this Agreement shall be given in
writing and conclusively shall be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States Mail, postage prepaid, registered or
certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Developer to City shall be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Public Works Director
All notices, demands, requests, or approvals from City to Consultant shall be addressed to
Consultant at:
LC Engineering.
1291 Oakland Rd.
San Jose, CA 95112
20. GOVERNING LAW AND ATTORNEY FEES
This Agreement shall be interpreted under, and enforced by the laws of the State of California
excepting any choice of law rules which may direct: the application of laws of another jurisdiction.
The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and
regulations of the authorities having jurisdiction over this Agreement (or the successors of those
authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Santa Clara, State of California.
If City sues to compel Developer's performance of this Agreement, or to recover damages or costs
incurred in completing or maintaining the work on the Improvements, Developer agrees to pay all
attorney's fees and other costs and expenses of litigating incurred by the City, even if Developer
subsequently resumes and completes the work.
21. RELATIONSHIP OF PARTIES
Neither Developer nor any of its contractors, employees or agents shall be deemed to be agents of
the City in connection with the Performance of Developer's obligations under this agreement.
22. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by
a court of competent jurisdiction, the remainder of the agreement shall remain in full force and
effect.
Page 9 of 1 I
23. INTEGRATED AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions hereof. Any modification of this Agreement will be effective only by
written execution signed by both City and Developer. All unchecked boxes do not apply to this
Agreement.
IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their respective,
duly authorized officers on the date listed above.
Ap oved as to form:
City Attorney
Attach Notary acknowledgement
Exhibits:
Exhibits A & B- Dedicated Property
CITY OF CUPERTINO:
rmm Borden, P.E.
Director of Public Works
DEVELOPER:
Gajendra Prasad Singh
v9�Z
Priti Kushwaha
M Exhibit C- Schedule of Bonds, Fees and Deposits
Page 10 of 1 I
CALIFORNIA ALL-PURPOSE
CERTIFIC ATE OF All-7KNOWLED GMENT
State of California
County of 5.1 -W—
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On. before nye; A49
°personally apoeared
who proved to, ifte on the.basis of satisfactory evidence to be the person(s) whosename(s) is/amsubscribed-to
the within, ffistrujai6rit anti ackiiowledged to me that he/she/"they executed the �sat-ne,in liis-/her/their authorized
`e.
capacity'(,I s), and thatby his/ber/theiri signatute(s): onfltediistrurribnt= the pefson or the enfity ippon b6halfof
which the personW, acted, .exelcult6d.tlieihstturtietit.
I certify under PENALTY OFTERJURY under the. laws of the State ;of Galif6mia, that the fore
,is tru&and coftect. foregoing paragraph
1-0--fi-"G '
R C. SIN H -
qomm.ission,# 1053520
WITNESS'.my hand and officiakeat. z SFS o Notary POlic - California z
Santa:Clara.County >
My Comm. Ex ices Oct 21-,2015'
Sigiigiurc of Notary Public
{Notary Seal).
DESCRJPTIW4'OF`THE ATTACIIED DOCUMENT
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Nun'ber of Pages _ Document Ddte
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2008 Version CAPA V12, f0.07'800-873-9865 ww-WN taryClasses- oni
INSTRUCTIONS FORICOMPLETING THIS FORM
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signol-(g),lpqrsdii,ally-appeared!before,fhe notary a
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or circling correctly indi-catet his
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sufficient area
permits,,othemise.:com.pletIc a d,ifferent-ackno%vledgineniffonn,
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thexountY,'clerk-
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Indicate'litle or typr<ofattachcd document, numibcrdfpages and date.
v lndicdte the capacity claifficd`by the signer: If the cla'infod,capdeity is a
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* Securely attach,tbis!doc.umcnt to the signed document
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On SOI Y before me,
__�t1 G
Dat � Here Insert Nand Tipe400f heOfficer
� me a
personally appeared fkm
GRACE SCHMIDT
— V Commission # 1923164
Zo
Notary Public - California z
z.Santa Clara County D
MY Comm. Ex ares Feb 21, 2015
Place Notary Seal Above
of
who proved to me on the basis of satisfactory
evidence to be the personV whose name(s) is//e
subscribed to the within instrument and acknowledged
to me that he/sVe0ey executed the same in
his/her/t�eir authorized capacity(iy6), and that by
his/her/t it signature on the instrument the
pei ), or the entity upon behalf of which the
person( 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: 0', ��Lll
ig a of Notary Public
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 Dqcur.Reint 11
Title or Type of Document: _'� b„-, f�r, ltd_ 0 ht/l LOA+ A -ft 3 C
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
C, j— �i
VK( rJ/
Signer's Name:
❑ Corporate Officer — Title(s):
11 Individual
E7 Partner — ❑ Limited ❑ General Top of thumb here
U Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
E7 Other:
Sit
ner Is Representing:
� cw uunai iwtary nssociauon • National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
HPI
EXHIBIT A
LEGAL DESCRIPTION
FOR:
10' WIDE RIGHT OF WAY DEDICATION
CUPERTINO, CALIFORNIA
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SAN JOSE, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCEL 2, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, FILED FOR
RECORD MAY 9, 1961 IN BOOK 132 OF MAPS AT PAGES 26, SANTA CLARA COUNTY RECORDS,
OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING .AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL, THENCE ALONG THE
WESTERLY LINE OF SAID PARCEL, NORTH 00°12'05" EAST 20.00 FEET TO THE MOST
NORTHWESTERLY CORNER OF SAID PARCEL.
THENCE ALONG THE,NORTHERLY LINE OF SAID PARCEL, SOUTH 89°59'55"EAST 10.00 FEET,
THENCE LEAVING SAID LINE AND ACROSS SAID PARCEL, SOUTH 00°12'05" WEST 20.00 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID PARCEL.
THENCE ALONG THE SOUTHERNLY LINE OF SAID FARCEL NORTH 89°59'55" WEST 10.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 200 SQUARE FEET, MORE OR LESS.
SEE EXHIBIT B FOR THE ACCOMPANYING MAP, ATTACHED HERETO AND MADE A PART THEREOF.
PREPARED ON NOVEMBER 08, 2013 BY
LC ENCANI`ERING
WIMN14100%im
•v • - v
No. 6438
Exp. 12/31 /2014 'f
TOM H. �qT(� OF\F �\ NO. 6438
EXPI RATIO 12/31/2014
SHEET 1 OF 2
a � -
EXHIBIT "B"
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PROPERTY LINE qlF OF CAI�FO���Q
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PLAT FOR 10' WIDE RIGHT OF WAY DEDICATION ENGINEERING
LANDS OF SINGH
10326 BYRNE AVENUE 1291 Ockicnd, Rodd
APN 357-15-076 Son Jose, CA 95112
Phone; (403) 806-7187
Cupertino California Fox: (403) 583-4006
SCALE: 40, DATE:OS%05/13 'DRWG. NAME: PROJECT N0. SHEET 2 OF 2
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PLAT FOR 10' WIDE RIGHT OF WAY DEDICATION ENGINEERING
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10326 BYRNE AVENUE 1291 Ockicnd, Rodd
APN 357-15-076 Son Jose, CA 95112
Phone; (403) 806-7187
Cupertino California Fox: (403) 583-4006
SCALE: 40, DATE:OS%05/13 'DRWG. NAME: PROJECT N0. SHEET 2 OF 2
Exhibit C
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 Maintenance Deposit:
110-2211
PART E.
Storm Drainage Fee -- Basin 2:
215-4072
PART F.
Street Light — One -Year Power Cost:
110-4537
PART G.
Map Checking Fee:
110-4539
PART H.
Park Fee - Zone II:
280-4082
PART I. Reimbursement Fee:
PART J. Utility Pole Relocation Contribution:
Page 1 1 of] I
$13,360.00
$13,360.00
$2,707.00
$1,000.00
$781.00
$0.00
ME
$0.00
$0.00
$23,000.00
I
�oCOf'Y
FOR ROADWAY PURPOSES
10326 Byrne Avenue, Cupertino, CA 95014
APN 357-15-076
Gaiendra Prasad Singh and Priti Kushwaha, husband and wife, as community property
with right of survivorship, dedicates in fee to the CITY OF CUPERTINO, a California
municipal corporation, for public purposes, together with the right to construct, repair, operate,
and maintain any and all public utilities and improvements which shall be or become necessary
for preservation of the public safety, welfare or convenience, the real property described in
Exhibit A and shown in Exhibit B, which is situated in the City of Cupertino, County of Santa
Clara, State of California.
IN WITNESS WHEREOF, executed this day of /2,Z' . , 2013.
City of Cupertino:
Timm Borden, PE
Director of Public Works
(Notary acknowledgment to be attached)
Owners:
Gaj dra Prasad Singh
Priti Kushwaha
r
lyqoa
EXHIBIT A
LEGAL DESCRIPTION
FOR
10' WIDE RIGHT OF WAY DEDICATION
CUPERTINO, CALIFORNIA
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SAN JOSE, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCEL 2, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, FILED FOR
RECORD MAY 9, 1961 IN BOOK 132 OF MAPS AT PAGES 26, SANTA CLARA COUNTY RECORDS,
OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL, THENCE ALONG THE
WESTERLY LINE OF SAID PARCEL, NORTH 00°12105" EAST 20.00 FEET TO THE MOST
NORTHWESTERLY CORNER OF SAID PARCEL.
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL, SOUTH 89°59'55" EAST 10.00 FEET
THENCE LEAVING SAID LINE AND ACROSS SAID PARCEL, SOUTH 00°12'05" WEST 20.00 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID PARCEL.
THENCE ALONG THE SOUTHERNLY LINE OF SAID PARCEL NORTH 89°59'55" WEST 10.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 200 SQUARE FEET, MORE OR LESS.
SEE EXHIBIT B FOR THE ACCOMPANYING MAP, ATTACHED HERETO AND MADE A PART THEREOF.
PREPARED ON NOVEMBER 08, 2013 BY
LC SING
om H. i
- o
No. 6438
Exp. 12/31/2 If/
TOM H. � OF \j NO. 6438
EXP I RATI O 12/31/2014
SHEET 1 OF 2
CALIFORNIAAI-jL-PURPOSE
State of California
County of S 4�-4 CW---)L-
On-1`2
W---)L-
On 1 2 I16 !� before me, F,
(Rereinsert name
personally appeared j�jJ''�i✓ Ply f��
of the officer)
71
who proved to ane on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acki-io\vledged to the that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instaulinent.the person(s), or the entity upon. behalf of
which the person(s) aeted, executed the instrument.
I certify under PEMUTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
R. C. SINGH
Commission # 1953520
WITNESS my hand and official seal. Zi Notary Public -California Z
Z. z- Santa Clara County D
My Comm. Ex ices Oct 21; 2015
Signature of -Notary Public (lJotary'Seal)
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
CTitle or description of attached document continued)
Number of Paaes Document Date
(.Additional information)
CAPACITY CLAIMED BY•TH'E SIGNER.
❑
Individual (s)
❑
Corporate Officer
(Title)
El
Partner(s)
❑
Attorney -in -Fact.
❑
Trustee(s)
Other -
30C)8 version CAPA v12.10) 07900-873-9865 a�v.l�otaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any ock7wwledginent completed in California must contain verbiage e,;ac:tti, as
appears abotre in the•notaiy section or a separate nck�oxledglrrenl,%orae nrtsl be
properly completed and aituched to that document. The only e,A:cepr,•on is if a
document is to be rec"orded�outside of Cglif rrnia. In such instances, uny oliernative.
ncl not+7edgrntnt verbiage as racy be printed on such a document so long as the
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cali�orniu (i.e. cel-tljring the avlhorized,capacity of the signer), Please cheek the
i¢cirmenr:car eJully jar proper rwtarial wording and atiach,ihis form if required:
® State and County information must, be the' State and County where the document
sit=.ncr!s)'Fersoiially, 3ppcared tiefore.the notary public for acknowledgment,
o Date of notarization must be the date that the signer(s)-personally appeared v.,hich
must also be thcsame date the acknowledgment is completed.
® The .notary public must print his or her name as it appears within his or her
commission followed,by a coi;ma and then your title (notary public).
m Print the name(,,) of document signer(s) who personally appear at the titnc of
notarization.
a Indicate the correct singular or plural forms by crossing off incorrect forms (i.c.
he/shc%eu; is /ai:a ) or circling, -the correct forms. Failure io correctlyindicate this
information may lead to rejection ofdocumentrecording.
o The notary seal impression must be clear and photographically rmftliucible.
Impression anust,not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, othervisc complete a different acknowledgment form.
m Sig;nature of the notary public must match the signature on file with the office of
this county clerk.
/additional inforination is not required but could help .to ensure this
acknwN'�ledgment isnot misused,or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the sigricr..I.f the claimed capacity is a
cop crate officer, indicate the title (i.e. CEO', CFO, Secretary),
• Securely attach this document 101besjgned document
EXHIBIT
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APN 357-15-076
San Jose, CA 95112
Phone: (408) 806-718,7
Cupertino
California
Fax: (408) 583-4006
SCALE:
= 40'
DATE:
08/05/13
DRWG. NAME:
PROJECT NO.SHEET
2 OF 2
VERIFI A.LuON
I have reviewed this 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 18th day of February, at Cupertino, California
Andrea Sanders
Senior Office Assistant