16-149 Installation Agreement, Uri Freeland and Batia Freeland, 21731 Stevens Creek Boulevard, APN 326-20-028RECORDING 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
23962185
Regina Alcomendras
Santa Clara County -Clerk-Recorder
06/22/2018 01:13 PM
Ti lies: 1
Fees: 10.00 Taxes : 0
Total : 0 .00
Pages: 3
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF COMPLETION
CITY PROJECT NAME: 21731 Stevens Creek Blvd., Cupertino, CA 95014
APN 326-20-048
~ Original
D For Fast Endorsement
II
CUPERTINO
Recording Requested By:
When Recorded Mail To :
City of Cupertino
10300 Torre Ave .
Cupertino, CA 95014
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE
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 950 14
4. Construction work on the project performed on the owner's behalf is generally described as
follows : City Project Name: 21731 Stevens Creek Blvd ., Cupertino , CA 95014
APN 326-20-048
5. The project was completed on: ___ June 6, 2018 _____ _
6 . The project is located at: _21731 Stevens Creek 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 correct.
<o/10 /10 ; Santa Clara County ~..---
Date 'and Place ~
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 June 6, 2018 for
CITY PROJECT NAME: 21731 Stevens Creek Blvd., Cupertino, CA 95014
APN 326-20-048
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino
on June 18, 2018 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:
By:
June 19, 2018
Kirsten Squarcia
Deputy City Clerk
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
23518135
Regina Alcomendras
Santa Clara County -Clerk-Recorder
12/05/2016 10:46 AM
Pages: 17
(SP AC E ABOVE THIS LINE FOR RECORDER 'S USE)
INSTALLATION AGREEMENT
21731 Stevens Creek Boulevard, Cupertino, CA
APN: 3 26-20-048
~ Original
D For Fast Endorsement
NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27283 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant
dated October 17, 2016, from
21731 Stevens Creek Boulevard, 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: November 2, 2016
By: ~ Lauren Sapud2.r
Senior Office Assistant
City of Cupertino
INSTALLATION AGREEMENT
(Cupertino Municipal Code Chapter 14.04)
21731 Stevens Creek Boulevard, Cupertino, CA
APN: 326-20-048
0 !J;is INSTALLATION AGREEMENT ("Agreement"} is made and entered into this .J..}. day of
C: I c> /:::)€f2_ 20*. by and between the CITY OF CUPERTINO, a municipal corporation
of the State of California, ( 'CITY"), and Uri Freeland and Batia Freeland, as co-Trustees of The
Freeland Living Trust, U/A dated July 20, 2015 ("DEVELOPER"} for a commercial development
located at 21731 Stevens Creek Boulevard.
RECITALS
1. DEVELOPER has presented to the City an application for a development entitlement
consisting of a commercial development (the "Development Entitlement"} located at 21731
Stevens Creek Boulevard, Cupertino CA (the "Property"}.
2. Chapter 14.04 of the Cupertino Municipal Code ("CMC"} requires, as a condition
precedent to the erection, construction, addition, alteration or repair of any building or structure
in certain designated areas of the City with unimproved streets and for which a building permit is
required by the City, installation of certain types of public improvements and/or dedication where
deemed necessary by the City Engineer.
3. In consideration of City's approval of the Development Entitlement and pursuant to the
requirements of CMC Chapter 14.04, Developer desires to enter into this Agreement promising to
install and complete, at Developer's sole expense, all public improvement work required by the
City for the proposed development.
4. Developer has prepared and City has approved plans and related specifications (the
"Improvement Plans"} for construction, installation and completion of improvements. The
Improvement Plans titled Improvement Plans for Stevens Creek Retail, prepared by Hanna &
Brunetti, Civil Engineers & Land Surveyors and dated Qcf, I¥,, :z_ol C, , 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 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 cpmpletion 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 2 of 11
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.
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
Exhibit b 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 b the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by
reference as Exhibit I,
b. Form of Security. Developer shall provide as security, bonds executed by a surety company
authorized to transact a surety business in the State of California and approved by the City as to
sufficiency. In the event that the DEVELOPER shall fail to faithfully perform the covenants and
conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or
otherwise indemnify the CITY for the DEVELOPER'S failure to do so.
Page 3 of 11
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 cor r ected 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.
Page 4 of I I
(3} Map Checking Fee. DEVELOPER shall deposit with CITY, prior to execution of this
AGREEMENT, for office checking of final map and field checking of street monuments, in
compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61} of CITY.
(4} Park Fee. DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to
execution of this AGREEMENT, as is required within Section 18-1.602, Park Land
Dedication, Cupertino Municipal Code. Park fees are calculated in accordance with action
adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18-1.602 of
the Cupertino Municipal Code.
(S} Reimbursement Fee. DEVELOPER shall deposit with the CITY, prior to execution of this
AGREEMENT, a reimbursement fee for any street improvements that have been installed
by the City, or by another property owner. Developer shall pay the City for the cost of the
land at the cost to the City, or another property owner, and shall pay a street improvement
reimbursement charge for the improvements which the City or another property owner,
installed on the street abutting or included in the benefited property, in an amount equal
to the total improvement costs for each particular benefited property as set forth in a
reimbursement agreement. Payments for both land and improvements shall include simple
interest iii 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.
8. STREET TREE INSTALLATION
Page 5 of 11
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.
13. EASEMENTS AND RIGHT-OF-WAY
Page 6 of 11
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 cove r age 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, ind ividually and collectively, have other insurance against the loss covered
by said policy or policies, that other insurance shall not be called upon to cover a loss under said
additional policy.
The insurance carrier shall be licensed to do business in the state of California and provide proof of
their ratings. All ratings should be Best's Guide Rating of A, Class VII or better or that is acceptable
to the CITY. Each of said policies of insurance shall provide coverage in the following minimum
amounts: for general liability for bodily injury, personal injury and property damage $1,000,000
each occurrence, with an aggregate limit of not less than $2,000,000 .
P age 7 of 11
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.
lri 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) ½ 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
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
Page 8 of 1 I
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 Developer shall be addressed to
Developer at:
Freeland Living Trust
1100 Seena Ave
Los Altos, CA 94024
20. GOVERNING LAW AND ATIORNEY 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. Alf 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:
City Attorney
Attach Notary acknowledgement
Exhibits:
Exhibits A & B-Dedicated Property
Exhibit C -Schedule of Bonds, Fees and Deposits
Exhibit D -Faithful Performance Bonds
Exhibit E -Labor and Materials Bonds
Page 10 of 11
CITY OF CUPERTINO:
9?5...,.__
Timm Borden, P.E.
Director of Public Works
DEVELOPER:
EXHIBIT A
A LEGAL DE SCRIPTION TO ACCOMPAN Y A RO A DWAY DEDICATION
ALL THAT CERTAIN REAL PROPERTY SITUATE D IN THE CITY OF CUPERTINO, COU NTY OF SANTA CLARA ,
STATE OF CALIFORNIA, BEING A PORTION OF THOSE LANDS CONVEYED TO THE FREELAND LIVING TRUST ,
U/A DATED JULY 20, 2015 BY GRANT DEED RECORDED 7/29/2015 IN DOCUMENT 23037422 , OFF ICIAL
RECORDS OF SAID COUNTY , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LANDS , SAID CORNER LYING ON THE NORTHERL Y
RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD AS SHOWN ON THAT RECORD OF SURVEY MAP
FILED AUGUST 28 , 1980 IN BOOK 469 OF MAPS , AT PAGES 51 TO 59 , RECORDS OF SAID COUNTY ;
THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LANDS AND SAID RIGHT OF WAY LINE SOUTH
89 °57'14" WEST 108.43 FEET TO A POINT OF CURVATURE ; THENCE CONTINUING ALONG SAID
BOUNDAR Y AND RIGHT OF WAY LINES ALONG A CURVE TO THf RIGHT, WITH A RADIUS OF 20.00 FEET,
THROUGH A CENTRAL ANGLE OF 62°00'008", AN ARC DISTANCE OF 21 .64 FEET TO A POI NT ON THE
OFFICIAL PLANLINE SHOWN ON SAID RECORD OF SURVEY MAP; THENCE LEAVING SAID BOUNDARY AND
RIGH T OF WAY LINES ALONG SAID OFFICIAL PLANLINE SOUTH 84 °32 '07" EAST 37.60 FEET TO AN ANGLE
POINT THEREOF; THENCE CONTINUING ALONG SAID OFFICIAL PLANLINE NORTH 89 °57'14 " EAST 88 .66
FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID LANDS; THENCE LEAVING SAID PLANLINE
ALONG SAID BOUNDARY LINE SOUTH 00°03 '38 '' EAST 7.00 FEET TO THE POINT OF BEGINNING .
CONTAINING 896 SQUARE FEET OF LAND, MORE OR LESS.
SEE EXHIBIT B ATIACHED HERETO AND MADE A PART HEREOF . . ...... . ,,.J··-· ... ~---~,
TH IS LEGA ~_~C~!TJQi~s PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH
THE REQUffiWfN'l:S ~,t,::rJi(~FESSIONAL LA ND SURVEYOR 'S ACT. -~·-. :r -. ';;. ·::·?,.,.·\~
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216 MA PS 31
APN 326 -20-048 APN 326-20 -0 5 4
APN 326 ·-20 -0 4 9
LANDS OF
0\-.:\ THE FREELAND LI VING TRU ST
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Old Centerl ine
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LEGEND
0
P.0.8.
N89.57'14"E New Centerli ne
STEVENS CREEK BLVD.
= AREA OF ROADWAY
DEDICATION
= EX ISTING LOT LINE
= CEN TERLINE
= POINT OF BEGINNING
LINE TABLE
LINE I LENGTH I BEARING
L1 I 7 .00' ] N00'03'38"W
CURVE TABLE
CURVE I LENGTH I RADIUS I DELTA
C1 I 21.64' l 20.00· I 52·oo·os"
.I' _.,. 1 / I
: ,
/ ½; -··-, cd " ·"'I _,,.. .~"' .b:tc:'/l ~ <". ,
,..ARNOLD R. BRUNETTI , P.E.
c:--E~-/t:
EXHIBIT "Bn
PLAT TO ACCOMPANY
t
N
DATE A LEGAL DESCRIPTION FOR
ROADWAY DEDICATION
HANNA O BRUNETTI TO THE CITY OF CUPERTINO
SANTA CLARA COUNTY, CALIFORNIA
APR IL, 2016 ., Civil Engineers 0 Land Surveyors 0
° Construct ion Managers 0
Gil r o y Californ ia ( 408) 842-217 3 14064 s:A2 1" = 30' s,.r.;:· 1
Exhibit C
SCHEDU LE OF BONDS, FEES, AND DEPOSITS ·
Street Improvement Category :
PART A. Faithful Performance Bond:
110-2211 $83 ,800.00
PART B. Labor and Material Bond:
110-2211 $83,800.00
PART C. Checking and Inspection Fee:
110-4538 $5,028.00
PART D. Development Maintenance Deposit:
110-2 2 11 $1 ,000.00
PART E. Storm Drainage Fee -Basin 2 :
2 15-4072 $5,281 .00
PART F. Street Light -On e-Ye ar Power Cost:
110-4537 $0.00
PART G. Map Checking Fee:
110-4539 $0.00
PART H. Park Fee -Zone II :
280-4082 $0.00
PART H. Park Fee -Zone Ill :
280-4083 $0.00
PART I. Reimbursement Fee: $0.00
Page 11 of 11
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
Countyof _---=9~·-a,_~_+a.._;;_cJ----'--'Ci..lL":,__--"'L'-,,-,-
/. K. L DUBAl, NOTARY PUf!.!C On CJd G b en_ i 7, J ('/ 1 obefore me , ___________________ , Notary Public,
' l J ..c \' C,.. L>" f ~ '(Here insert name and title of the officer)
personally appeared----'-"""--·"--~-----'-'--·~-'-~--+-----------------------
who proved to me on the basis of satisfactory evidence to be the person(s) whose nam~~re subscribed to
the within instrument an~knowledged to me that@he/they executed the same in@her/their authorized
capacity(ies), and that b~er/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
'
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE A TT ACHED DOC NT
(Title or description ·of attached document continued)
Number of Pages _1L_ Document Date 1b \ \? \ t-' ,
\
(Additional information)
CAPACITY 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 nota,y 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 nota,y to do something that is illegal for a nota,y in
California (i .e. certifying the authorized capacity of the signer). Please check the
document carefitlly for proper notarial wording and auach this form if requirec(.
• 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.
Ile/she/the;<, is /aFe) or circling the correct forms. Failure to correctl y 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).
• Securel y attach this document to the signed document
C 2004-20 15 ProLlnk_Signing Se rvi ce, Inc. -All Ri ghts Reserved www.TheProLink.com-Natiomvide Notary Service
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other office r completing this certificate verifies only th e id e ntity of th e individual who signed the document to
which this ce 11ifi ca te is attached , and not the truthfulness, accuracy, or va lidi ty of that document.
State of California
County of 5 ~ ~
On ()-U . %', 'µ:)L l.,o before m e, __ J=-lU-, __ ,P... __ ~_t_~_~_T ___________ ., Notary Public,
(Here insert name and tit le of th e officer)
personally appeared ______ t\._w,...., __ IJJ'-.. __ ~--~-------------------
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by hi s/her/their signature(s) on the instrument the person(s), or the e ntity 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 an d correct. r. o : .. '. ~ t o ;o:~~~An ~N;ci02313
WITNESS my hand and official seal.
(Notary Sea l)
~ • -,,; Notary Public -California ~
z ~ Santa Clara County ~ J. • ~ ••• M, so~n:· rx~r!s tac 21-.2i1 :E
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
~~~&
(T itl e or description of attached document)
/t"'P N ? 1,.-u, ,.. ?.A) ..-D'-f ~
(Title or descripti o n of attached document continued)
Number of Pages ~ Docu ment Date /0 l t ".t / I (o
(Addit iona l in formation)
CAPACITY CLAIM ED BY THE SJG NER
~ Individual (s)
0 Corporate Officer
(Titl e)
O Partner(s )
O Attorney-in -Fact
0 Trustee(s)
O Other ___________ _
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Califomia 11111st contain verbiage exactly as
appears above in th e nota ,y section or a separate acknowledgment form 11111st be
properly comp leted and attach ed to that doc um ent. The on ly exception is if a
document is to be recorded o ut side of Ca lifomia. In s uch instances, any a lt em ative
a ckn owledgment verbiage as may be printed on s uch a doc um elll so long as th e
verbiage does no t require th e notm y lo do something that is illegal for a notmy in
California (i.e. cert ifying the a uth orized capacity of the signe,). Please ch eck th e
document carefully for proper notarial wording and attach this form if required.
• State and Co un ty information mu st be the State and Cou nty where the document
signer(s) personally appeared before th e notary public for acknowledgment.
• Date of notar iza tion mu st be th e date th at th e signe r(s) personall y a pp eared which
mu st also be th e same date th e ack nowl edgme nt is completed.
• The notary public mu st pri nt hi s or her name as it appears within his or her
comm ission fo llo wed by a comma and then yo ur title (notary public).
• Print the name(s) of document signe r(s) who persona ll y appear at the time of
nota ri zation .
• In dicate th e correct s in gul ar or plural forms by cross in g off incorrect forms (i.e.
he/she/they, is /are) or circlin g the correct forms . Fai lure to co rrectl y indicate thi s
inform ation ma y lead to rejec tion of documen t recording.
• The notary sea l impression mu st be cl ear and photograph ica ll y reprod uc ible .
Impression mu st not cover text or lin es . If sea l impress ion smudges , re-seal if a
sufficient area permits, otherwise complete a different acknowledgmen t fo rm .
• Signature of th e not ary public must match the signa ture on file w ith th e office of
the co unty clerk.
•:• Additiona l information is not req uired but co uld help to ens ure this
acknowledgment is not misused or att ac hed to a different document.
•:• Indi cate titl e or type of attached document, number of pages and date.
•:• Indi cate the capacity cla im ed by the signer. If the claimed capac ity is a
co rpo rate officer, indicate the title (i.e . CEO, CFO , Secretary).
• Secu rely attac h this document to the signed document
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