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14-150 Installation agreement 10445 Byrne 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 27283 DOCUMENT: 23152351 III! li 111111 1I11 I I III I I I !1 11 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages: 4 Fees.... * No Fees Taxes... Copies.. AMT PAID RDE # 026 11/20/2015 11:09 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION AND NOTICE OF ACCEPTANCE CITY PROJECT NAME: 10445 BYRNE AVE., CUPERTINO CA 95014 APN 357-12-036 73 Original 13 For Fast Endorsement 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: 10445 Byrne Ave., Cupertino, CA 95014 APN 357-12-036 5. The name of the original contractor for the project is: _Amador Concrete. 6. The project was completed on October 1, 2015, 7. The project is located at: _10445 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 correct. 1012-1 /t`a; Santa Clara County Date and Place Si nature Timm Borden Director of Public Works and City Engineer CUPERTINO CITY OF CUPERTINO CITY HALL 10300 TORRE AVENUE — CUPERTINO, CA 95014-3266 (408) 777-3354 — FAX (408) 777-3333 NOTICE OF ACCEPTANCE PROJECT NAME: 10445 Byrne Avenue, Cupertino, CA 95014 APN 357-12-036 Owner: Prashanth N. Telang & Seema R. Shenvi Direct Contractor: Amador Concrete 10445 Byrne Avenue 598 East Arbor Avenue Cupertino, CA 95014 Sunnyvale, CA 94085 Site Location: 10445 Byrne Avenue Cupertino, CA 95014 Work Description: Property frontage improvements in conjunction with site development. Contract Date: August 16, 2014 Date of Project Acceptance: October 1, 2015 NOITCE IS HEREBY GIVEN THAT I, Timm Borden, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the improvements performed at the referenced site and as described above and in the referenced contract, which was entered into, by, and between the City of Cupertino and the Direct Contractor on the date noted above, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction, subject to exceptions, and accepted as noted above. Timm Borden Date Director of Public Works and City Engineer [Notice of Accept under175.150903] "NO FEE" City of Cupertino NOTICE OF COMPLETION AND NOTICE 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 Notice of Completion and Notice of Acceptance dated October 21, 2015, for CITY PROJECT NAME: 10445 BYRNE AVE., CUPERTINO CA 95014 APN 357-12-036 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on October 1, 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: October 21, 2015 a By: KI/irsten Squarcia Deputy City Clerk RECORDING REQUESTED BY: Q. a 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 DO(:IJMENT: 22702226 I'll 11111111111111111111111111 Pages: 17 Fees.. No Fees Taxes.. Copies.. AMT PAID REGINA ALCOMENDRAS RDE # 008 SANTA CLARA COUNTY RECORDER 9/09/2014 Recorded at the request of 1:36 PM City (SPACE ABOVE THIS LINE t OK KhUUKUhK '� U3n) INSTALLATION AGREEMENT 10445 Byrne Avenue, Cupertino, CA APN 357-12-036 Original O For Fast Endorsement f' City of Cupertino INSTALLATION AGREEMENT (Cupertino Municipal Code Chapter 14.04) 10445 Byrne Avenue, Cupertino CA APN: 357-12-036 This INSTALLATION AGREEMENT ("Agreement") is made and entered into this 16 day of �uQy%,5+ 20 11F, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, ("CITY"), and Prashanth N. Telang and Seema R. Shenvi, trustees of The Telang and Shenvi Family Trust ("DEVELOPER") for a single family detached unit addition located at 10445 Byrne Avenue, Cupertino CA. RECITALS 1. DEVELOPER has presented to the City an application for a development entitlement consisting of a single family addition along with sidewalk, curb and gutter, driveway, AC pavement improvements (the "Development Entitlement") located at 10445 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 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 Street Improvement and Grading & Drainage Plans for 10445 Byrne Avenue, prepared by RW Engineering, Inc. and dated August 1, 2014, 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 Page 1 of 11 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 ruffles. 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 IMPROVEMENT'S 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 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 11 3. DEDICATION OF EASEMENTS OR RIGHTS 01: 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 Ciiy 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. S. 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 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 sE!curity, 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 Page 3 of 11 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. 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 pE!rformance 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 DEVELOPI-R 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 and 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 se -IL 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. Page 4 of 11 (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 dE!posit 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 rind/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. (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 declication 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 11 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 serve 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, Page 6 of 11 Pacific Gas and Electric Company, AT&T, or appropriate utility companies that said fees are due and payable. 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, 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 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 shalll 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 Page 7 of 1.1 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. 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 Page 8 of 11 I `f - /5'v 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: RW Engineering, Inc. 505 Altamont Dr. Milpitas, CA 95035 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 Page 9 of 11 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. 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: Attach Notary acknowledgement Exhibits: Exhibits A & B- Dedicated Property Exhibit C - Schedule of Bonds, Fees and Deposits Page 10 of 11 CITY OF CUPERTINO: orden. Director of Public Works L]_051911[s]' � 13 Prasha th N. Telang, Trustee V1 Seema R. Shenvi, Trustee CALIFORINI A ALL-PURPOSE AC64NOOVJLEDGMEi T I CIIVIIL CODE § 1189 State of California County of _ 4_11 f� cola 1-11 ' On S�,nf��„der 2,2o/ibeforeme, iVs�c�,/ZcHc4- s9varca'a,No� �°vd/�� Date Name and Title of the Officer personally appeared / /" �+ Name(s) of Signer(s) who proved to me on the basis of satisfa�pry evidence to be. the person whose name(Wyare subscribed to the within instrument and acknowledged At Mme that (9e she/they executed the same in her/their authorized capacity(ie�, and that by her/their signatures) on the instrument the G, KiRSTEN RENEE SCUARCIA person,(s), or the entity upon behalf of which the Commission # 1906898 z person(s) acted, executed the instrument. Notary Public - California z z ° 4• - Santa Clara County ' I certify under PENALTY OF PERJURY under the laws My Comm. Expires Oct 4, 2014 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand- and official seal. Place Notary Seal Above Signature: k���`-x,-,, 1 Signature of Notary lb6blic 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: /,73"A// Document Date: Number of Pages: Signer(s) Other Than Named Above: 1�e-A S �a W7<4 N• Te 14 S, eew,., A._SA eAV/' 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 e www.NationalNotary.org o 1 -800 -US NOTARY (1-800-876-6827) Item #5907 V> Page 11 of 11 $9,000.00 $9,000.00 $2,514.00 $1,000.00 $607.00 $0.00 $0.00 $0.00 $348.00 $263.00 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 F. Street Light — One -Year Power Cost: 110-4537 PART G. Map Checking FE,e: 110-4539 PART H. Park Fee - Zone III: 280-4082 PART I. Street Tree Installation: 110-4567 PART J. Encroachment Permit Fee: 110-4540 Page 11 of 11 $9,000.00 $9,000.00 $2,514.00 $1,000.00 $607.00 $0.00 $0.00 $0.00 $348.00 $263.00 ( II i F Off" ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of S PjiA 16 CQ � On I �) 1.9-01 before me, H lMf� V• 1MLAD I , Ji &-- a personally appeared�FPA-5 ti PrA ikl TE (Here insert name and title of the 1IZ.. I SF-F-ry) pv �R • 9,--1 F -AJ 1. who proved to me on the basis of satisfactory evidence to be the person(s) whose names) i /are subscribed to the within instrument and acknowledged to me that .V/sloe/they executed the same in W/Mr/their authorized capacity(ies), and that by Weis/Ver/their signature(s) on the: instrument the person(§), 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 of Notary Public HIMA V. MODI Commission # 2064910 Notary Public - California z Z ' ° Santa Clara County n (Notary Seal) My Comm. Expires May 16, 2018 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT V (Title or description of a hod document) �(yylr_ap'TLou"l _ASI �J+ti� (Title or description of attached document continued) Number of Pages I Document Date g -i 6-1 3 57-- ) ---off (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑attorney -in -Fact � Tnistee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notay 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 onside of California. In such instances, any alternative ackuowledgnnenl verbiage as may be printed on such a docrmnent so long as the verbiage does not require the notary to do something that is illegal fora notary in Califa?»a (i.e. certihmg the authorized capacity, of the signer). 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If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). o Securely attach this document to the sibnhcd document EXHIBIT "A" LEGAL DESCRIPTION 10' WIDE ROADWAY DEDICATION APN: 357-12-036 10445 Byrne Avenue Cupertino, CA 95014 All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: The westerly 10.00 feet of the easterly 30.00 feet, the remaining easterly 20.00 feet having been annexed and dedicated to the City of Cupertino by Resolution No. 7735, dated February 21, 1989, of that certain parcel of land as described in that certain Quitclaim Deed from Prashanth N. Telang and Seema R. Shenvi, husband and wife as community property to Prashanth N. Telang and Seema R. Sbenvi, trustees of The Telang and Sherivi Family Trust dated October 17, 2013, recorded November 1, 2013 under Recoder's Document No. 22434195, Official Records of Santa Clara County, State of California, and more particularly described as follows: BEGINNING at the southeast corner of Lot 10 of Tract No. 139, Stevens Creek Subdivision Map No. 1, which map was filed for Record in the Office of the Recorder of the County of Santa Clara, State of California, on May 27, 1940 in Book 4 of Maps, Page 43, Santa Clara County Records; thence East 10.00 feet along the easterly prolongation of the south line of Tract No. 139; thence South and parallel with the center line of Byrne Avenue 50.00 feet; thence West and parallel with the south line of Tract No. 139 and the prolongation of said line 10.00 feet; thence North and parallel with the center line of Byrne Avenue 50.00 feet to the point of BEGINNING. The above described parcel of land contains 500 square feet, more or less. All as shown on the plat marked Exhibit `B", attached hereto and made a part hereof. End of description This legal description was prepared by me or under my direction. �l- 7// S / Robe ang Date L.S.931 1 of 2 4 ROBE=RT Y. t z WANG �3 BAMS OF BEARINGS THE BEARING NO'00'00"E OF CENTERLINE OF BYRNE AVENUE (BUENA VISTA AVENUE) AS SHOWN ON MAP OF TRACT NO. 139 "STEVENS CREEK SUBDIVISION MAP NO. 1" FILED FOR RECORD ON MAY 27, 1940, IN BOOK 4 OF MAPS AT PAGES 43, SANTA CLARA COUNTY RECORDS, WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. REFERENCES (1) TRACT 139 (4 M 43) LEGEND ----- CENTERLINE BOUNDARY - - - TIE LINE P.O.B. POINT OF BEGINNING TRACT N0. 198 TRACT N0,139 7 M14 4 M43 LANDS OF LANDS OF LUKE NEWLAND & PECK 40 10 EAST 120.00' o P.O.B. 0 LANDS OF THE TELANG & ? o LANDS OF SHENVI .FAMILY TRUST C) o "' LIU 0-1DOC # 22434195 z z 120,00' ~ WEST 150.00' LANDS OF PATCHIPALA 0 20 40 80 MR I SCALE: 1 "=40' z " o � w In LL- C) V) W co I 30' I z N it STEVENS CREEK BLVD aW � o °D SAN FER NI a SITES DOLORES AV McCLELLAN RD VICINITY MAP N.T.S AVE ANNEXED & DEDICATED TO CITY OF CUPERTINO BY RESOLUTION NO. 7735, DATED 2/21/1989 10.00' ROADWAY DEDICATION McCLELLAN AVENUE - ,Roo- , � Cid R08FRT V .a WANG No' 89W .100 DATE: 1/14/14RWCIVIL RW ENGINEERING, IN!C. EXHIBIT "B" SCALE: 1 "=40' ENGINEERS LAND SURVEYORS PLAT TO ACCOMPANY LEGAL DESCRIPTION BY: RW 505 ALTAMDNT DRIVE. MILPITAS, CA 95035 FOR 10' ROADVVAY DEDICATION (P) (408) 262-1899 (FAX) (408) 824--5556 10445 BYRNE AVENUE SHEET 2 OF 2 rwengineering®gmail.com CUPERTINO, CA 95014 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. 10445 Byrne Avenue, Cupertino CA 95014 APN 357-12-036 to the City of Cupertino, a governmental agency, is hereby accepted by the order of the Public Works Director, and . the grantee consents to recordation thereof by its duly authorized officer. Dated:September 2, 2014 By: 6z�__Ze—llv ":2r�6 — Andrea S' ders Senior Office Assistant