18-036 Installation Agreement, 10036 Crescent Rd APN 326-17-052RECORDING 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
23903542
Regina Alcomendras
Santa Clara County -Clerk-Recorder
04/05/2018 09:43 AM
Pages: 17
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
INSTALLATION AGREEMENT
10036 Crescent Road, Cupertino, CA
APN: 326-17-052
,P 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 February 15, 2018, from
10036 Crescent 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: March 23, 2018
By: ~
Lauren Sapudar
Senior Office Assistant
City of Cupertino
INSTALLATION AGREEMENT
(Cupertino Municipal Code Chapter 14.04)
10036 Crescent Road, Cupertino CA 95014
APN 326-17-052
This INSTALLATION AGREEMENT ("Agreement") is made and entered into this {6°~day of ~a..Jvt,6" , 20_!!__, by and between the CITY OF CUPERTINO, a municipal corporation
of the State of California, ("CITY"}, and Hengye, LLC, a California limited liability company
("DEVELOPER"} for a single family residence located at 10036 Crescent Road, Cupertino CA.
RECITALS
1. DEVELOPER has presented to the City an application for a development entitlement
consisting of a new single family residence (the "Development Entitlement") located at 10036
Crescent Road, 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 10036 Crescent Road, Grading, Drainage and Street Improvement Plan,
prepared by LC Engineering and dated N'l.'\t · ~ ( 'Ult'\--, 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:
P age 1 of 11
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 Sanita r y 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 . Developer shall acquire all necessary permits, includ i ng
an encroachment permit from the City of Cupertino Public Works Department, prior to beginning
work in the public right of way.
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 responsib i lity 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 authori zed in writing by the City Engineer. In the even t 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 t he CITY completes the Work, the CITY may recover any and all costs incurred
Page 2 of 11
thereby from the DEVELOPER or the DEVELOPER'S surety or both . No final inspection shall
be granted or street improvements shall not be accepted unless all the requirements for
safety purposes are installed, such as sidewalks, handicap ramps, street lights, etc.
3. DEDICATION OF EASEMENTS OR RIGHTS 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 sa i d
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 C, the SCHEDULE OF BONDS, FEES AND DEPOSITS.
(2) Labor and Materials. Security for labor and materials in the amount set forth Part B of
Exhibit C, the SCHEDULE OF BONDS, FEES AND DEPOSITS.
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
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 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.
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 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 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,
Pacific Gas and Electric Company, AT&T, or appropriate utility companies that said fees are due
and payable.
Page 6 of 11
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
To the fullest extent allowed by law, DEVELOPER shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers, officials, agents, employees, servants, consultants and
volunteers (hereinafter, "lndemnitees") from and against any liability, loss, damage, expense, and
cost (including reasonable legal fees and costs of litigation or arbitration), resulting from injury to
or death of any person, damage to property, or liability for other claims, stop notices, demands,
causes of actions and actions, arising out of or in any way related to Developer's performance or
nonperformance of his/her duties under this Agreement, or from negligent acts or omissions or
willful misconduct of Developer, its agents, employees, contractors, or subcontractors. Developer
shall, at his/her own cost and expense, defend any and all claims, actions, suits or legal
proceedings that may be brought against the City or any of the lndemnitees (with council
acceptable to City) in connection with this Agreement or arising out of Developer's performance or
nonperformance of his/her duties and obligations hereunder, 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 the encroachment
permit for installation of improvements in the public right of way, 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.
Pag e 7 of 11
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.
DEVELOPER shall file with the City Engineer at or prior to the time of issuance of an encroachment
permit for installation of the improvements required in 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 pl~ns 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
Page 8 of 11
In the event developer fails to perform one or more of the covenants and conditions of this
agreement, City at its option shall have recourse to the security given to guarantee the
performance of such acts. City may, at its option, do or cause to be done, the acts required of
Developer and shall have recourse against as much of the security is necessary to discharge
Developer's responsibility. City shall also have recourse against developer for any and all amounts
necessary to complete the obligations of developer in the event that the security is insufficient to
pay such amounts. All administrative costs, including reasonable attorney's fees incurred by City in
addition to the costs of the improvements shall be proper charges against the security and
Developer.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be given in
writing and conclusively shall be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States Mail, postage prepaid, registered or
certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Developer to City shall be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Public Works Director
All notices, demands, requests, or approvals from City to Developer shall be addressed to
Developer at:
Hengye LLC
10193 Parkwood Dr Apt. #1
Cupertino, CA 95014
Attention: Fenge Zhu
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
P age 9 of 11
Neither Developer nor any of its contractors, employees or agents shall be deemed to be agents of
the City in connection with the Performance of Developer's obligations under this agreement.
22. SEVERABILITY
The provisions of this Agreement are severable . If any portion of this Agreement is held invalid by
a court of competent jurisdiction, the remainder of the agreement shall remain in full force and
effect .
23. INTEGRATED AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions hereof. Any modification of this Agreement will be effective only by
written execution signed by both City and Developer. All unchecked boxes do not apply to this
Agreement.
IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their respect ive,
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:
Director of Public Works
DEVELOPER:
Fenge hu, Manager
Hengye, LLC
EXHIBIT "A"
LEGAL DESCRIPTION
10' WIDE ROADWAY DEDICATION
10036 CRESCENT ROAD, CUPERTINO
APN 326-17 -052
CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 4, AS SHOWN ON THAT CERTAIN MAP ENTITLED "RECORD OF
SURVEY OF LOTS 4 & 5 OF RUSSELLHURST MONTA VISTA ", RECORDED ON AUGUST 30, 1974, IN
BOOK 345 OF MAPS .AT PAGE 31, SANTA CLARA RECORDS , AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT, THENCE ALONG THE
NORTHERLY LINE OF SAID LOT SOUTH 89°38'00" EAST 10.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE AND ACROSS SAID LOT SOUTH 00 °00'00" EAST
85.22 FEET PARALLEL WITH AND 10 .00 FEET EASTERLY, RIGHT ANGLE MEASURED FROM THE
WESTERLY LINE OF SAID LOT, TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT ;
THENCE ALONG SAID TANGENT CURVE HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL
ANGLE OF 89°38'00", AND AN ARC LENGTH OF 23.47 FEET TO A POINT OF TANGENCY ON THE
SOUTHERLY LINE OF SAID LOT ;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NORTH 89 °38 '00 " WEST 9.90 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT;
THENCE ALONG SAID TANGENT CURVE HAVING A RADIUS OF 15.10 FEET, THROUGH A CENTRAL
ANGLE OF 89°38 '00 ", AND AN ARC LENGTH OF 23 .62 FEET TO A POINT OF TANGENCY ON THE ·
WESTERLY LINE OF SAID LOT;
THENCE ALONG SAID WESTERLY LINE NORTH 00 °00 '00 " EAST 85.12 FEET TO THE POINT OF
BEGINNING .
CONTAINING 1,000.6 SQUARE FEET, MORE OR LESS .
SEE EXHIBIT B FOR THE ACCOMPANYING PLAT, ATTACHED HERETO AND MADE A PART
HEREOF.
BASIS OF BEARINGS : THE NORTHERLY LINE OF LOT 4 AS MONUMENTED AND SHOWN ON THE
RECORD OF SURVEY, RECORDED IN BOOK 345 OF MAPS, AT PAGE 31, SANTA CLARA COUNTY
RECORDS, TAKEN AS NORTH 89 °38'00" WEST.
LC ENGINEERING
598 E Sa nta Cl ara St, Sui te 270 San Jose Phone: (408} 806-718 7
PREPARED ON JUNE 30 , 2017
LC ENGINEERING
' TOM H. MILO LS NO . 6438
EXPIRIATION DATE 12/31/2018
SHEET 1 OF 2
Fax: (408 ) 583-4 006
EXHIBIT "B"
I
I LOT 8
AFN 326-17-039 LOT 7 1. .30'
sa9·.3a'oo"E 100.12· AFN 326-17-035
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fr. S89'.38'00"E 90.12'
S89'.38'00"E
10.00'
LOT 4
345 M 31
APN 326-17-052
RIGHT-OF-WAY
DEDICATION
1,000.60 SF
R =15.oo', L=2.3.47'
/ L\=89'.38 '00", T=14.90'
S89'.38'00 "E 75.22'
R=15 .10·. L =2.3 .62 ' "--NB9'.3B'oo"w 9 .90 '
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LEGEND
EX ISTING PROPERTY LINE
----NEW PROPER TY LI NE
--·<L ·-CENT ER LI NE
f PROPER TY LI N E
PO B PO INT OF BEG INN ING
l2227J1 AR EA TO BE DED ICA TED
LOT AREA
EX ISTING I 9,975.97± SF
PROPOSED I 8, 975 . .37± SF
ORCHARD COURT
BASIS OF BEARINGS
THE NORTHERLY LINE OF LOT 4 AS
MONUMENTED AND SHOWN ON THE
RECORD OF SURVEY, RECORDED IN
BOOK .345 OF MAPS, AT PAGE .3 1,
SANTA CLARA COUNTY RECORDS,
TAKEN AS N89'.38'oo"w.
GRAPHIC SCALE
0 15 30 60
I N FEET )
1 inch = 30 ft .
~
~
LOT 5
APN 326-17-051
1 O' WIDE ROADWAY DEDICATION
10036 CRESC ENT ROAD
APN 326-17-052
I ~ E N G INEE RING ~ 598 E San t a Clara St #270
San Jose , CA 95112
Cu ertino California
SC ALE: 1 .. = 30 , DA TE: 06 /J0/!7 DR \'IG. NAME: PROJtCT NO. SH EET 2 OF 2
Phon e: ( 408) 806 -7187
Fax: 408 583 -4006
Exhibit C
SCHEDULE OF BONDS, FEES , AND DEPOSITS
Street Improvement Category:
PART A.
110-2211
PART B.
110-2211
PART C.
110-4538
PART D.
110-2211
PART E.
215-4072
PART F.
110-4537
PART G.
110-4539
PART H.
280-4082
PART I.
Faithful Performance Bond :
Labor and Material Bond:
Checking and Inspection Fee:
Development Maintenance Deposit:
Storm Drainage Fee:
Street Light -One-Year Power Cost :
Map Checking Fee :
Park Fee:
Reimbursement Fee:
Page 11 of 11
$70,000.00
$70,000.00
$3 ,349.00
$0.00
$937.00
$0 .00
$0.00
$0.00
$0.00
·CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
I
A notary public or other officer completing this certificate verifies only the identity of the individual who sign ed the document to I
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ~'2~·~---~----
, Notary Public,
personally appeared ----~f _R___if\._-=<),_e. __ 2--_k_L\ __________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subsc1ibed 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 his/her/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 co1Tect.
WITNESS my hand and official seal.
<
s;goa~!!-P,bl;0 vU c,,f: (Notary Seal)
:19 JULIA KINST 1
: Notari Public · California ~
Santa Ctn Count, ~
Com1111111on ti 2177456 ~
, Mw Com,n. hDiln Ju 25. 2021 I
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
~~~ A:f I\{ 3 2--i.L> · 0 · 0~ ~ l ())3 (o Gre--<;: 0-t; ~ (2J
(Title or de sc1iption of attached document)
(Tit le or description of attached document continued )
Number of Pages d Document Date 2--· I S. l D
(Additional infonnation)
CAP A CITY CLAIMED BY THE SIGNER
(i Indiv idual (s)
D Corporate Officer
(Title)
D Paiiner(s)
0 Attorney-in-Fact
D Trustee(s)
D Other ____________ _
INSTRUCTIONS FOR COMPLETING nns FORM
Any ac/mowledgment completed in California must contain ve rbiage exactly as
appears above in the nota,y section or a separate aclmowledgment form must be
properly completed and al/ached to tha t docum ent. 77,e 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 no/a,y to do something that is illega l for a nota,y in
California (i.e . certifying th e authorized capacity of the signe1). Please check th e
document carefi1/ly for proper notari al wording and al/ach this form if required
• State and County infonnation must be the State a nd County where th e document
s ign er(s) personally appeared b efo re the notaiy public for acknowledgment.
• Date of notaiization must be th e date that the signer(s) personally appeared which
mu st a lso be the same date the ack no wledgment is completed.
• The nota1y public must print hi s or her name as it appears withi n his or her
commission followed by a co nuna and then your title (notaiy public).
• P1int the name(s) of document s igner(s) who personally appear at the time of
nota1i zation.
• Indicate the co1Tect s in g ular or plural fonns by crossi ng off in co1Tect fonns (i.e.
he/she/they, is /are) or c irc ling the COITect fonns . Failure to co1Tectl y indicate this
infonnation may lead to rejection of document recording.
• The nota1y seal impress io n must be clear and photographically reproducible.
Impress ion mu st not cover text or lines. If sea l impress ion s mud ges, re-seal if a
suffi c ient area pennits, othe1wise compl ete a different acknowledgment fonn.
• Signature of the notaiy public mu st match th e sig nature on file with th e office of
the county c lerk.
•:• Additiona l infonnatio n is not required but could he lp to ensure thi s
acknow ledgment is not 1ni s used or attac hed to a diffe rent do cument.
•:• Indicate titl e or type of attached document, number of pages and date.
•:• Indi cate the capacity c laimed by the s igner. If the claimed capacity is a
co1 p orate officer, indi cate the title (i.e. CEO, CFO , Secreta1y).
• Securely attach this document to th e signed document
C 2004-20 15 ProLink Sign ing Service, In c. -All Righ ts Reserved ,,·ww.TheProLink.co m -Nat ionwide Notary Se rvice
CALIFORNIA ALL -PURPOSE
C ERTIFI CATE OF ACKNOWLEDGM ENT
A notary public or other officer completing this certificate verifies only the identity
of the ind ividual 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 ~5~~~~_.,(-"-W~a.-__ _ }
On ~ \S 11)/ & before me , J l>-U A ~ fN'ST tJo,,,---~"..,"" ~~----,,1-· -~~~--~----~--,(~e~,e~,=ns~e""rt f,-,na=m~e ~an~d=1;=ue~o~ttt+~~-----
perSOnally appeared 1\ (Nvl,.u1--~r] -----~------~----~--------------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/the ir authorized capaci ty(ies), and that by
his/her/their signa t ure(s ) on the instrument the person(s), or the en t ity upon behalf of
which the person (s) acted , exe c uted t he instr ument.
I cert ify u nder PENAL TY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correc t.
WITNESS my hand and official sea l.
(Notary Pub lic Seal)
a JULIA KINST
Notary Public -Californ ia
j Santa Clara County f
Comml11ion ti 2177456 ?! t O O O O ,Ml t0 T"!' t•tr:• t•: t5.2&21I
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This fo rm complies wilh currenl Ca lifornia s 1a1u1 es regardin g no /m y word ing a nd,
DE SCRI PTI ON OF TH E ATT ACHED DOC UMENT
/ l/L~t3-~\_, ~~
I /Ju 12 & OIK-S ~ tdJ
(Title 'or desc ription of attached do cument)
Jrh( J:J 2<e -i 1-. os'l
(Titl e or des cription of atta ched docum ent co ntinu ed)
Number of Pages l?2___ Do cument Date 'k · 1t.S .\ i
CAPACITY C LAIMED BY THE SI GNER
'~ Individual (s)
D Corporat e Officer
(T itle)
D Partne r(s)
D Atto rn ey-in-Fact
o Tru stee(s) o Ot he r _________ _
2015 Version www.NotaryC lasses com 800-873-9865
if needed, sho uld be completed and al/ached lo the document. Acknowledgm ents
J,-0111 other sta les may be co mp leted for doc11111 ents being sent to th at state so lo ng
as th e wo rding does no t require th e Ca lifornia notm)' to violate Ca lifornia notmJ·
law.
• State an d Count y in fo nnati on must be th e State and C oun ty wh ere U1 e d oc um e nt
s ig ner(s) personall y a ppeared before the notmy publi c fo r ac knowled gment.
• Date of n otati za tion must be th e d ate th at th e s igner (s) personall y appeared whi ch
mu st a lso be U1 e same date th e ackn owledgme nt is comple ted .
• The notary pu bli c must prin t his or he r name as it appears withi n hi s or he r
co mm iss ion fo ll owed by a comm a and th en yo u r titl e (nota ,y public).
• P1int th e name(s) of docum ent s ig ner(s) who persona ll y a ppear at th e tim e o f
n otari zati on .
• Indi cate th e co ITect s in g u lar o r plura l fo nns by cross in g off it1 c0ITec t fo nn s (i.e .
he/she/!hey, is /are ) or c irc ling th e coITec t fo nns. Fa ilure to cmTec tl y in di ca te th is
in fo nnatio n may lead to rej ecti on of doc um e nt recordin g.
• The notaty sea l impress ion mu st be clea r and pho togra phi ca ll y re pro ducib le .
Impress ion mu st not cover tex t or lin es. If sea l impress ion smudges , re -sea l if a
su ffic ie nt a rea pennits, otb e,w ise compl ete a d ifferent acknowledgmen t fonn.
• Signature of th e nota1y pub lic must matc h th e signature on fil e wi th th e office of
the cou nty clerk.
•:• Ad di tiona l in fo n nation is not req u ired but could he lp to ens ure thi s
acknowledgm e nt is not mi sused or attached to a d iffe ren t doc ument.
•:• lndi ca te title or ty pe of att ac hed docu ment, n um ber of pages and d ate.
•:• In di cate th e capac ity cla im ed by th e s igner. If th e c laim ed ca pac ity is a
corporate o ffi cer, indi cate U1 e titl e (i.e. CEO, CFO, Secre ta1y).
• Sec ure ly attach U1i s doc um e nt to th e sig ned d oc um e nt w ith a stap le .