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15-213 Installation Agreement, 10734 S. Stelling Rd APN 359-22-005RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 DOCUMENT: 23211269 U II~ IU llllllU REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages: 17 Fees.... * No Fees Taxes ... Copies .. AMT PAID---- RDE 1:1 024 2/02/2016 12:48 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 INSTALLATION AGREEMENT 10734 S. Stelling Road, Cupertino, CA APN: 359-22-005 A Original D For Fast Endorsement City of Cupertino INSTALLATION AGREEMENT {Cupertino Municipal Code Chapter 14.04} 10734 S. Stelling Road, Cupertino, CA APN: 359-22-005 This INSTALLATION AGREEMENT ("Agreement"} is made and entered into this I 0 tJ.. day of Oct. 20~ by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, ("CITY"}, and ChangSyang Chuang and YungHo Chuang, wife and husband as community property with right of survivorship ("DEVELOPER"} for a residential development located at 10734 S. Stelling Road, Cupertino CA. RECITALS 1. DEVELOPER has presented to the City an application for a development entitlement consisting of residential development (the 11Development Ef"!titlement"} located at 10734 S. Stelling Road, Cupertino CA (the 11Property"). 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 Improvement Plans for Chuang Residence, 10734 S Stelling Road by Green Civil Engineering, Inc. and dated July 20, 2015, 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: Page 1 ofll 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 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 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 2of11 3. DEDICATION OF EASEMENTS OR RIGHTS OF 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: (1) Faithful performance. Security for faithful performance in the amount set forth Part A Exhibit ~, the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by reference as Exhibit Q. (2) Labor and Materials. Security for labor and materials in the amount set forth Part B of Exhibit L the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by reference as Exhibit f. 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 3of11 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 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 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 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. Page4of11 (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. (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 5of11 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, Pacific Gas and Electric Company, AT&T, or appropriate utility companies that said fees are due and payable. Page 6of11 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 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 Page 7of11 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) Yi 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 Developer's responsibility. City shall also have recourse against developer for any and all amounts Page 8of11 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: Green Civil Engineering, Inc. 204 E 2nd Ave., #820 San Mateo, CA 94401 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. Page 9of11 22. SEVERABILITV 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 c::grccrncnt shall rernc::in in full force and effect. 23. INTEGRATED AGREi::fviENT 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 '1rc merged herein. No vcrbzd agreement or in1pHcd covcn~nt shall be held to var.v 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: (W£1AAV v City Attorney Attach Notary acknowledgement Exhibits: Exhibits A & B-Dedicated Property Exhibit C -Schedule of Bonds, Fees and Deposits Exhibit D -Faithful Pe1formance Bonds Exhibit E -Labor and Materials Bonds Page 10 ofll CITY OF CUPERTINO: Timm Borden, P.E. Director of Public Works DEVELOPER: Yungl-lo Chuang EXHIBIT "A" PERMANENT ROAD DEDICATION LEGAL DESCRIPTION APN 359-22-005 A 15.00' wide strip of land for a road dedication, being a portion of the Northwest 1/4 of Section 24, Township 7 South, Range 2 West, Mount Diablo Base and Meridian, more particularly described as follows: Commencing at a point on the east line of Stelling Road, 40 feet wide, distant thereon northerly 4024.51 feet from the corner common to sections 23, 24, 25, and 26, Township 7S, Range 2 West, Mount Diablo Base & Meridian; thence N89°55'00"E 10.00 feet to the Point of Beginning; thence N0°02"50"E parallel with the centerline of Stelling Road 90.00 feet to the point of intersection thereof with the southerly line of that certain parcel of land conveyed by Ben Siemens et ux to Odes G. Walton, et ux, by deed dated January 4, 1952 and recorded January 9, 1952 in Book 2345 Official Records, Page 555; thence running along said southerly line of said Walton parcel N89°55'00"E 15.00 feet; thence S0°02'50"W 90.00 feet parallel to the centerline of Stelling Road; thence running parallel to the said southerly line of said Walton parcel S89°55'00"W 15.00 feet to the Point of Beginning. All as shown on attached EXHIBIT "B" and made a part hereof and containing 1350 sq. ft. more or less. December 4, 2015 Job #2846 <:.:i EXHIBIT PERMANENT ROAD DEDICATION CITY OF CUPERTINO SANTA CLARA COUNT~ CALIFORNIA N CJ) t" = 60' ~ S89.57'10'E 311.93' ru ~ ~ ~ m ~ RA~S---JOLL;MAN ~NE -m---FD BRASS V:i DISK IN ru DISK IN CONG. MON CONG. MON REFERENCES: ~~~~~--~~- R ! 286M28, S.C.C.R. R2 210399 75 DEEDS BASIS OF BEARINGS: N0.02'50#E BETwEEN F.D MONUMENTS FDR THE CENTERLINE DF STELLING RDA.D PER RJ LEGEND: 1$\§S§j AREA TO BE DEDICATED NEW RIGHT OF WAY - -OLD RIGHT OF WAY PREPARED BY: KEVIN BRONSON TH£ BRONSON COMPANY 6206 £PPS DRIVE 'WINTON, CA 95388 (209)606-7340 ke vln@thehronsonco. coM Exhibit C SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110-2211 $21,600.00 PART B. Labor and Material Bond: 110-2211 $21,600.00 PART C. Checking and Inspection Fee: 110-4538 $2,506.00 PART D. Development Maintenance Deposit: 110-2211 $1,000.00 PART E. Storm Drainage Fee -Basin 3: 215-4073 $1,537.00 PART F. Encroachment Permit Fee: 110-4540 $525.00 PARTG. Street Tree Fee: 110-4567 $348.00 PART H. Park Fee -Zone Ill: 280-4083 $4,125.00 PART I. Reimbursement Fee: $0.00 Page 11of11 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of --"s~· o..n_\-1(_(,~f~--- before me,-~!>~· _p_~ __ , _l'\_0_1--a._,___n...n...-1--1--+-p-~-'-, c_· ____ ,Notary Public, (Here insert nal1're'l.llld title of the officer) personally appeared ___ ''l_u_l'J_et-_14~0 __ C_11~u_A-N_Gc~-~Ax~i"1~!>~~C~H~A_l\l__,__6_S~'1_A_N_6 __ L=-1-1~u_Ai'!_~ __ who proved to me on the basis of satisfactory evidence to be the person® whose name(© is/are subscribed to the within instrument and acknowledged to me that h.~/they executed the same in h.mb@r/their authorized capacity~, and that by ~/their signatureOO on the instrument the person~), or the entity upon behalf of which the person® acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. fl)J1) (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF 1HE ATTACHED DOCUMENT (Title or description of attached document continued) Number of Pages _l _\ _ Document Date ____ _ (Additional information) CAP A CITY CLAIMED BY 1HE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee( s) D Other ___________ _ INSTRUCTIONS FOR COMPLETING TIIIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment fonn 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. certifoing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this fonn if 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 yonr 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 /aE&) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression mnst 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. ,I'. • Sigoature 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 C 2004-2015 ProLink Signing Service, Inc. -All Rights Reserved www.TheProLinlccom -Nationwide Notary Service CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California On _0-+-+--1 \ __,_21 t-"-4\ J (£},,____ before me, ___ (50_0._l_· l.Qvn.,.----,--· ~le~J~h~--,--LG---,-,------c=-____ , Notary Public, (Here insert name and title of the officer) personally appeared _____ -rr_· _r rn~m __ l_30_~_'1_n ____________ _ who proved to me on the basis of satisfactory evidence to be th~(s) whose~(s) @are subscribed to the within instrument and acknowledged to me that~she/they executed the same in@Jher/their authorized ~(ies), and that by ~/her/their~(s) on the instrument th~(s), or the entity upon behalf of ~Tcht~Es) acted, executed the mstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or descliption of attached document) (Title or descliption of attached document continued) Number of Pages __ Document Date ____ _ (Additional infonnation) CAP A CITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other ___________ _ 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 aclmowledgment 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. certijj;ing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if 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 plint his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Plint the name(s) of document signer(s) who personally appear at the time of notalization. • Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. he/she/they, is /aFe) or circling the correct fonns. 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, othetwise complete a different acknowledgment fonn. • 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, Seeretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. -All Rights Reserved www.TheProLink.com-Nationwide Notary Service NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated October 10, 2015, from 10734 S. Stelling Road, Cupertino, CA 95014 to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: By: January 21, 2016 Lauren Sapudar Senior Office Assistant