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14-110 Installation Agreement 10215 S. Foothill Blvd, Cupertino, CA APN 342-14-076
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: 2340o070 pages: 3 '�YI&4M��'lIAi�4G'6WI���YI Taxes es ,.ID -- RDE # 883 REGINA ALCOMENDRAS 8/15/2016 SANTA CLARA COUNTY RECORDER 2:56 PM Recorded at the request of City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: 10215 S. Foothill Blvd., Cupertino, CA 95014 (APN 342-14-076) Original 0 For Fast Endorsement CUPERTINO Recording Requested By: When Recorded Mail To: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 E 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: 10215 S. Foothill Blvd., Cupertino, CA 95014 APN 342-14-076 5. The project was completed on: June 16, 2016 6. The project is located at: 10215 S. Foothill Blvd., 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 cogkct. 91(5 11(4 ; Santa Clara County Date and Placeature Timm Borden Director of Public Works and City Engineer "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 August 15, 2016 for CITY PROJECT NAME: 10215 S. Foothill Blvd., Cupertino, CA 95014 (APN 342-14-076) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on August 15 2016 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: August 15, 2016 By: Lauren Sapudar Senior Office Assistant c c i 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 DOCUtIENT: 22628159 I�I�III!II!IiIIVIIIII��VNi� Pages: 9 ` ` �AMT PAID Cop REGINA ALCOMENDRAS RDE # 025 SANTA CLARA COUNTY RECORDER 6/23/2014 Recorded at the request of 2:14 PM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) INSTALLATION AGREEMENT 10215 S. Foothill Blvd, Cupertino, CA APN 34244-076 Original 13 For Fast Endorsement VERIFICATION a 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 19th day of June, at Cupertino, California Andrea San e Senior Offit,6 Assistant City of Cupertino INSTALLATION AGREEMENT (Cupertino Municipal Code Chapter 14.04) 10215 S. Foothill Blvd, Cupertino, CA APN: 342-14-076 This INSTALLATION AGREEMENT ("Agreement") is made and entered into this -21— day of 2014, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, ("CITY"), and HDL Development, LLC ("DEVELOPER") for a single family residence located at 10215 S. Foothill Blvd, Cupertino, CA 95014. RECITALS 1. DEVELOPER has presented to the City an application for a development entitlement consisting of sidewalk, curb, gutter, driveway approach and pavement construction, street tree planting, and other auxiliary improvements (the "Development Entitlement") located at 10215 S. Foothill Blvd, 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 oil'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 dE'sires 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 Lands of HDL Development LLC - 10215 S. Foothill Blvd., prepared by LC Engineering and dated 12/18/2013, 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: 1. _ DEVELOPER'S OBLIGATION TO INSTALL IMPROVEMENTS 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 Page 1 of 12 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 EngineE!r 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 IMPROVEMEN1fS 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 prior to final inspection whichever comes first, 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. Page 2 of 12 b. Deferred Agreement. Developer agrees to install and complete the Improvements within one (1) year from the date of written notice from City, or fifteen (15) years from execution of this agreement, whichever occurs sooner. Developer agrees that this obligation shall be a covenant that runs with the land and shall record in the office of the Santa Clara County Recorder, concurrent with execution of this agreement, a covenant in a form acceptable to the City that binds future property owners. 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. 3. DEDICATION OF EASEMENTS OR RIGHTS OI: WAY 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 acceptance 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: Page 3 of 12 (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 the amount set forth Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by reference as 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 calif on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do so. 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 herE'in required, the CITY may apply the proceeds of said security thereto. c. Release of Security. No release of surety bond, :ash 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 claire 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 and installation of the Improvements, give all necessary notices, and Page 4 of 12 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 sit 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 connection 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. (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. (5) 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. Page 5 of 12 (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. S. 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 sE!rve all lots within said Project. Page 6 of 12 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. 13. EASEMENTS AND RIGHT -OF -WAV 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, a policy of 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 Page 7 cif 12 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 Raising 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. 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. Page 8 of 12 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 restrictions 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 developer in the event that the security is insufficient to pay such amounts. All administrative costs, including reasonable attorney's fees incurred by City in 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 be 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: HDL Development, LLC 7246 Sharon Drive, Suite 0 San Jose, CA 95129-4645 Attention: Tri Hong, Managing Partner Page 9 of 12 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. 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. Page 10 of'12 IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their respective, duly authorized officers on the date listed above. Approved as to form: City Attorney Attach Notary acknowledgement Exhibits: CITY OF CUPERTINO: �- timm--gorden, 71 - Director of Public Works DEVELOPER: Tri Hong, anaging Partner HDL DEVELOPMENT, LLC jj.. Wen Ting Xie Property Owner Wesley PropertW wner Exhibits A & B - Dedicated Property Exhibit C - Schedule of Bonds, Fees and Deposits Page 1 1 of 12 EXHIBIT "Aon LEGAL DESCRIPTION FOR 15/ADE RIGHT OF WAY DEDICATION CUPERTINO, CALIFORNIA BEING A PORTION OF LOT 38, AS SHOWN ON TRACT NO. 1093 ENTITLED "CAROLYN GARDENS UNIT N0.3," FILED MAY 4, 1953 AND RECORDED IN BOOK 42 OF MAPS, AT PAGES 37, SANTA CLARA COUNTY RECORDS, SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER. OF LOT 38, AS SHOWN ON SAID TRACT MAP, ALSO LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH FOOTHILL BOULEVARD; THENCE, ALONG THE MOST SOUTHERLY LINE OF SAID LOT 38 SOUTH 89°50'00" WEST, 15.00 FEET; THENCE, ACROSS SAID LOT 38 NORTH 00°15'52" WEST 68.00 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 38; THENCE, ALONG SAID NORTHERLY LINE OF SAID LOT 38, NORTH 89°50'00" EAST, 15.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID LOT 38; THENCE, ALONG THE MOST EASTERLY LINE OF SAID LOT 38 AND ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH FOOTHILL BOULEVARD, SOUTH 00°15'52" EAST, 68.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,020 SQUARE FEET MORE OR LESS. ''jam PREPARED ON DECEMBER 20, 2013 BY n ENGINEERING L \ I lo. 6438 Exp. 12/31/2014 / P qTF OF CAL����� H. MILO LS NO. 6438 RATION DATE 12/31/2014 LC ENGINEERING 1291 Oakland Road, San Jose, CA 95112 Phone: (408) 806.7187, Fax: (408) 583-4006 EXHIBIT "B" D UEND & ABBREVIATIONS ---- PARCEL LINE PROPERTY LINE —__— CENTERLINE I� PROPERTY UNE 00I POB POINT OF BEGINNING N I LOT 37 J in APN 342-14-75 N89'50'00"E z 15.00' Q R N89'50'00"E 129.01" 30' Cr,14 o �o ad " �'RA�A--.11 ��.����$ Q N O Z f N (a I W , � 4. Nrr NC> -3 OI LU r O O 42 M 3% �QYi� 3 0y !0 Z = F W If L, O NN O CN C I (i p M o . AF -`N . 2-14--07e o , C] ul 6600 Q, (=)j Z Z Z LAJ p p CC Q Czj 0 c� 15 i R S89'50'00"W 129.13' POB LOT 39 S89 50'00"W APN 342-14-77 15.00' IGRAPHIC SCALE °i T 0 15 30 60 I ~N JM Q( IN FEET) A inch = 30 ft. BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS MAP ARE BASED ON THE CENTERLINE OF SOUTH FOOTHILL BLVD AS FOUND MONUMENTED AS S015'52"E SHOWN ON TRACT NO. 1093 "CAROLYN GARDENS" UNIT NO.3, RECORDED IN BOOK 42 OF MAPS, AT PAGE 37, SANTA CLARA COUNTY RECORDS. EXHIBIT "B" FOR 15' ME ROADWAY IDEMCATION 10215 SOUTH FOOTHILL BLVD APN 342-14-076 Cupertino CaliforniaI SCALE: 1" = 30 DATE -12/2O/13 1 DRWG. NAME: PROJECT NO. SHEET 1 OF 1 m H. IiI L Q 6. 643 Exp. 12/31/2014 iS®NGQB EEPING 1291 Oakland Road San Jose, CA 95112 Phone: (408) 806-7187 Fax: (408) 583-4006 PART I. Reimbursement Fee: Page 12 of 12 $17,790.93 $17,790.93 $2,707.00 $.00 $967.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 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 E. Storm Drainage Fee — Basin 3: 215-4073 PART F. Street Light — One -Year Flower Cost: 110-4537 PART G. Map Checking Fee: 110-4539 PART H. Park Fee - Zone II: 280-4082 PART H. Park Fee - Zone III: 280-4083 PART I. Reimbursement Fee: Page 12 of 12 $17,790.93 $17,790.93 $2,707.00 $.00 $967.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of s On before me, '1'1 A V—I N 5-r (Here insert name and titl of the off icer) personally appeared 1JJ CAT 1 rilej �k) W4 -, q tit..+ L- i L who proved to me on the basis of satisfactory evidence to be the perso0whose nam i ar subscribed to the within instrument and acknowl ed to me that he/she e executed the same in his/he ei authorized capacit ies , and at by his/her/ ei signatur (s on the instrument the perso (s , or the entity upon behalf of which the perso (s . acted, execute the instrume t. I certify under PENALTY OF PERJURY under the lamts of the State of California that the foregoing paragraph is true and correct. JULIA KINST WITNESS my hand and official seal. ADDITIONAL OPTIONAL INFORMATION Commission � 2002313 �W Notary Public -California Santa Clara County My Comm. Expires Jan 25, 2017 (Notary Seal) Signature of O tary Public DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of atta ed document) (Title or description of attached document continued) Number of Pages Document Date 15,122i t At� 3 42 -14-- -- Dq-� (Additional information) 2008 Version CAP v12.10.07 800-873-9865 www.NotaryC]asses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Calfornio (i.e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 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. • :Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the.signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not 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 signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CAPACITY CLAIMED BY THE SIGN ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAP v12.10.07 800-873-9865 www.NotaryC]asses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Calfornio (i.e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 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. • :Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the.signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not 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 signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 6 M -,f 6• C(,0 - On -?'-3, �ZI) k before me, \-/ f.1 --I' A V— l Ns77, Nuw�l (Here insert name and title of the officer) personally appeared Tri Cmkc- N:Y\(\q who proved to me on the basis of satisfactory evidence to be the person( whose name( is/arg(subscribed to the within instrument and acknowledged to me that he/sVehl)y executed the same in lis/her/th�Kr authorized capacity(i�g), and that by his/Vr/tVir signature(syon the instrument the person(, of the entity upon behalf of which the person(j 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. - .0 , JULIA KINST Commission # 2002313 WITNESS my hand and official seal. Notary Public - California D Santa Clara County @My Comm. Expires Jan 25, 2017 �i (Notary Seal) Signature Sqqotary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT W.- (Title or description of aftYched document) 2"1 s S —V�M+ AW -i d (Title or description of attached document continued) Number of Pages l•' -j' Document Date C/ t Ar f-4 ;)L ILl-6I-L (Additional information) 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.corn INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefidly for proper notarial wording and attach this form ii required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 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. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional infonrration is not required but could help to ensure this acknowledgment is not 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 signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CPO, Secretary). • Securely attach this document to the signed document CAPACITY CLAIMED BYTHE SIGNS ElIndividual (s) ElCorporate Officer (Title) ElPartner(s) El Attorney-in-Fact ElTrustee(s) ❑ Other. 1 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.corn INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefidly for proper notarial wording and attach this form ii required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 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. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional infonrration is not required but could help to ensure this acknowledgment is not 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 signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CPO, Secretary). • Securely attach this document to the signed document CAL 1FOR SIA ALL-PURPOSE ACKNOWLEDGMEEM7 CIVIL CODE State of California / County of s -G H -/,1 On juoe �, Zo / y before me,;i mss -y /�Gy ee �q a r crc�, /V� 7� �y fa l- Date Name -and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(K whose nameg�re subscribed to the within instrument and acknowledged to- me that &she/they executed the same in )her/their authorized capacity(, and that by 'KI'RENEE SOUARCIA 6h:t/her/their signature,(g) on the instrument the Commission # 1906898Z personK, or the entity upon behalf of which the Notary Public - California D person(s) acted, executed the instrument. Z .r, ' Santa Clara County My Comm. Expires Oct 4, 2014 1 cortify under PENALTY OF PERJURY under the laws of i:he State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Sicinature: Signature of Notary Pubic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: 22 , 20 /Y Number of Pages: 12 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2013 National Notary Association o www.NationalNotary.org o 1 -800 -US NOTARY (1-800-876-6827) Item #5907