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18-035 Installation Agreement, 21871 Lomita Avenue, APN 357-16-066RECORDING 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 23903541 Regina Alcomendras Santa Clara County -Clerk-Recorder 04/05/2018 09:43 AM Ti ties: 1 Fees : ,0.00 Taxes: 0 Total: 0.00 Pages: 20 (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) INSTALLATION AGREEMENT 21871 Lomita A venue, Cupertino, CA APN: 357-16-066 ft} 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 22, 2018, from 21871 Lomita Avenue, 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: March 23, 2018 Lauren Sapudar Senior Office Assistant City of Cupertino INSTALLATION AGREEMENT (Cupertino Municipal Code Chapter 14.04) 21871 Lomita Avenue, Cupertino, CA APN: 357-16-066 This INSTALL~ION AGREEMENT ("Agreement") for street improvements is made and entered into this 22 .-day of Ft13RvA1l:{ , 20J!_, by and between the CITY OF CUPERTINO , a municipal corporation of the State of California, ("CITY"}, and Hao Chen , a married man as his sole and separate property and Leilei Wang, a married woman as her sole and separate property and Ran Tao, a married man as his sole and separate property and Zhaohua Meng, a married man as his sole and separate property ("DEVELOPER"} for a new 2-story residence located at 21871 Lomita Avenue, Cupertino, CA (APN 357-16-066}. RECITALS 1. DEVELOPER has presented to the City an application for a development entitlement consisting of a new 2-story residence (the "Development Entitlement") located at 21871 Lomita Avenue, Cupertino CA (the "Property"). 2. Chapter 14.04 of the Cupertino Municipal Code ("CMC"} requires, as a condition precedent to the erection, construction, addition, alteration or repair of any building or structure in certain designated areas of the City with unimproved streets and for which a building permit is required by the City, installation of certain types of public improvements and/or dedication where deemed necessary by the City Engineer. 3. In consideration of City's approval of the Development Entitlement and pursuant to the requirements of CMC Chapter 14.04, Developer 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 ha s approved plans and related specifications (the "Improvement Plans ") for construction , in stallat i on and completion of improvements . The Improvement Plans titled "New Residence -21871 Lomita Avenue, Cupertino, CA", prepared by RW Engineering, Inc. and dated January 11, 2018 , are hereby incorporated into this Agreement by reference. NOW, T HER EF ORE , in consideration of the approval by City of the Development En t itlement, City and Develope r 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 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. Developer shall acquire all necessary permits, including 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 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 Page 2 o f l l 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 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 in Part A of Exhibit C, the SCHEDULE OF BONDS, FEES AND DEPOSITS. {2) Labor and Materials. Security for labor and materials in the amount set forth in 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 o f 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. 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 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 o~ 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 Pa ge 5 of 11 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 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 P age 6 o f 11 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. 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, 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. Page 7 of 11 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 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 Page 8 of 11 All notices, demands, requests, or approvals from City to Developer shall be addressed to Developer at: Hao Chen 1630 Oakland Rd, A211 San Jose, CA 95131 20. GOVERNING LAW AND ATTORNEY FEES This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. If City sues to compel Developer's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Developer agrees to pay all attorney's fees and other costs and expenses of litigating incurred by the City, even if Developer subsequently resumes and completes the work. 21. RELATIONSHIP OF PARTIES Neither Developer nor any of its contractors, employees or agents shall be deemed to be agents of the City in connection with the Performance of Developer's obligations under this agreement. 22. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. 23. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Developer. All unchecked boxes do not apply to this Agreement. Page 9 of 11 IN WITNESS WHEREOF, the Parties have caused this agreement to be ex ecuted by their r espective, duly authorized officers on the date listed above . lph Stevenson Hom Attach Notary acknowledgement Ex hibits : Ex hibits A & 8-Dedicated. Property Ex hibit C -Schedule of Bonds, Fees and Deposits Page 10 of 11 CITY OF CUPERTINO : ~ Director of Public Works DEVELOPER: Hao Chen Leilei Wang Ran Tao Zhaohua Meng CALiFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that ~/~e/they executed the same in t}is/;fer/their authorized capacity(ies), and that by l;l,is/h/r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. · Place Notary Seal Above 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. Signature _KYtLc~~~-=---,~--===<-Y"-"""~~· ~4~Jf~·· _' --- Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Title or Type of Document: ~Jt-d. f2 Q.tl ,,£ k, ~;JlhY-o~ump nt Da!e: / J2 · Description of Attached Docun;ient _ .vi J-i_ t Number of Pages: Signer(s) Other Than7lamed Above: L <:' I { e= :Jw~ Capacity(ies) Claimed by Signer(s) ) Signer's Name: Signer's Name: ___________ _ O Corporate Officer -Title(s): D Corporate Officer -Title{s): ______ _ O Partner -O Limited O General D Partner -D Limited D General O Individual D Attorney in Fact D Individual O Attorney in Fact D Trustee D Guardian or Conservator D Trustee O Guardian or Conservator D Other: D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~~~~~~~:cg~~;(· ~~~~=~'C<,~'CZ.~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 f ..i.,--. f 6 o 'ta 1 ·,1),,,-..... at ..... ~, !''•ti.tt •;l J1./\.R\1 -· ... ~ · .. ,,.. , It 110'G~1 t.fnoti • ._" ···(.', .,11,,.:, ~)! •. ,' ........ " 1 . 1;1t.'.'' fiHH;G ~;.,.. ~--t ~ i ( :. ·, c~ i e?-•, .. r3 mmu --~••w 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: Randolph Stevenson Hom City Attorney Attach Notary acknowledgement Exhibits: Exhibits A & B-Dedicated Property Exhibit C -Schedule of Bonds , Fees and Deposits Page 10 of 11 CITY OF CUPERTINO: Timm Borden, P.E. Director of Public Works DEVELOPER: Hao Chen Ran Tao Zhaohua Meng All notices, demands, requests , or approvals from City to Developer shall be addressed to Developer at: Hao Chen 1630 Oakland Rd, A211 San Jose , CA 95131 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 authori t ies .) 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 Develope r nor any of its contractors, employees or agents shall be deemed to be agents of the City in connection with the Performance of Developer's obligations under this agreement. 22. SEVERABILITY The provisions of this Agreement are severable . If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. 23. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Developer. All unchecked boxes do not apply to this Agreement. Page 9 of 11 CALIFORNIA A LL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .--.-.--·-~ 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. 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 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above ------------------------------------------------------------~opnoNAL------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Doc4J;Uen! r; h 11, ~n,1,.. tuJ t ~ /. , / gp {P Title or Type of Document: _i...n r,/-a,/ /tl . !)I? /!j(J:'Jtl1" Document Date: /';) '().;c /c Number of Pages : /6(_ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Oth er: ______________ _ D Other: _____________ _ Signer Is Representing : _________ _ Signer Is Representing: _________ _ ©201 4 National Notary Association • www .NationalNotary .org • 1-800-US NOTARY (1 -800 -876 -68 27 ) Item #5907 EXHIBIT 'A' LEGAL DESCRIPTION STREET DEDICATION BEING A 25.00-FOOT-WIDE STRIP OF LAND SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF LOT 73 , AS SAID LOT IS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF SUBDIVISION "A", MONTA VISTA, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11 , 1917 IN VOLUME "P" OF MAPS , PAGE 20, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING THE SOUTHERN 25.00 FEET OF THE WESTERN 50.00 FEET OF SAID LOT 73. THE SOUTHERN BOUNDARY OF SAID STRIP BEING THE CENTERLINE OF LOMITA AVENUE AS SAID AVENUE IS SHOWN ON SAID MAP. EXHIBIT "B" ATTACHED AND MADE A PART HEREOF. END OF DESCRIPTION Containing 1250 square feet , more or less. Prepared by Robert J. Craig, PLS 5418 on October 9 , 2017 File No. C-17037 10 589 •59' 43"E 11 LEGEND ( U 50 • 00 ' (')·: ~~~~PROPERTY BOUNDARY ~---LOT LINE ----CENTERLINE I DEDICATION AREA ~--~ (A) np"-M-20 (B) 94-M-47 (C) 787-M-14 0 0 C\I ..-t . 0 z LO (D 0 IO I m (D '" ...-t (T) I C.O(T) LO ZC\I " ~ra (TJ N'I: z a.. <( (.) 0 0 PROPOSED LOT 1 (C) S89 •59, 43 "E g 25' DEDICATION 8. 50.00' :.:".= ..... ~~!;3.:9.~.',43 "E 130.30 ' -I ~~~~~~~~~-5----g g ~ : IO IO ··.:.C\I 50 .00 ' n.. ___ --__ --__ --· 3 S89 •59. 43 "E 4 L OM I TA A VE (WIDTH VARIES) 3 & 4 SET B"SPIKE & TAG, "LS 5418" 5 FD .3/4"IP PER(B)BEARS s15•49·w 1.02 FEET DISTANT 6 FD.3/4"IP PER(B)BEARS S13"34'W 1 .19 FEET DISTANT 7 FD. 3/4"IP PER (C) 8 & 9 SET 1/2 "x 36"REBAR, CAPPED "LS 5418" 10 SET 1/2°x 36 "REBAR,CAPPED "LS 5418 " BEARS S44.54'E 2 .82 FEET DISTANT 11 SET 1/2°X 36 "REBAR. CAPPED "LS 5418" BEARS so·12 ·w 1.50 FEET DISTANT EXHIBIT II B II SCALE ------ PLA T TO ACCOMPANY LEGAL DESCRIPTION 1"=50' j 0 50 100 ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF. ROBERT J . CRAIG LICENSED LAND SURVEYOR 966 ELSIE MAE DRIVE BOULDER CREEK. CA 95006 (831) 359-1750 (408) 884-3791 APN: 375-16-066 SCALE 1 "=50 ' JOB NO . DATE JAN. 15 , 20 18 INDEX C-17168 SANTA CLARA CO . 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. 110-2 211 PART E. 215-4072 PART F. 110-4537 PART G. 110-4539 PART H. 280-4082 PART I. Fa ithful Performance Bond: Labor and Mate r ial Bond: Check i ng and Inspection Fee : {paid $329, Public Works Confirmation) Development Maintenance Deposit : Storm Drainage Fee: Street Light -One-Year Power Cost: Map Checking Fee : Park Fee: Street Tree Fee: Page 11 of 11 $32,000 .00 $32,000.00 $3,319.00 $1,000 .00 $1,034.09 $0.00 $0.00 $0.00 $386.84 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~ ~ } On Ce__j; U . Zoto before me, LLL-1 A /t-tN~ f\J huv f ere rnse name and titl e o th personally appeared 71 IJ\J-'VU---~d~/1 who proved to me on the basis of satisf~ctory 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 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 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. (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Th is fo rm co mplies wilh current California s /a/utes regarding nota,y wo rdin gand, DE SCR IPTION OF THE ATTACHED DO CUM ENT if needed, should be co mpleted and al/a ched to th e doc wn enl. Acknowledgmen ts from oth er slates may be comple!ed for docum ents being se11110 thal s /a /e so long as !he wording does not require th e Ca lifornia 110/al )' to violate California 11 ot01 )' law . (Title or description of attached do cument) • State and Co un ty infonnation mu st be th e Sta te and County wh ere th e d oc um ent s ig ner(s) personall y a ppea red befor e th e nota ,y publi c fo r ackn owledgment. • Date of notm izati on mu st be tbe d ate that th e signer(s) personall y appeared whi ch (T itle or description of attached document continued) mu st a lso be th e sa me d ate th e ackn ow ledg ment is completed. Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s ) D Attorney-in -Fact o Trustee(s ) D Other _________ _ 2015 Version www.NotaryC lasses .com 800-873-9865 • The notmy publi c mu st print hi s or her name as it a pp ea rs w ithin hi s or her comm iss ion foll owed by a comma and th en your titl e (nota1y publi c). • Print th e nam e(s ) o f docum ent signer(s) who pers onally appear at th e tim e of notmization . • Indicate th e coITec t s ingular or plural fonn s by cro ss in g off iI1 cmTect fonn s (i .e. he/she/they, is /are) or circ lin g th e coITec t fonn s . Fai lu re to COITec tl y ii1di cate thi s infonn ation may lead to rejection of d ocum ent rec ordin g . • The notmy seal iinpress ion must be clea r and photographically reproducible. Im press ion mu st not co ve r tex t or lin es. If sea l impress ion smudges, re -sea l if a suffic ient area pennits, o th e,w ise co mplete a di ffe rent ackn ow ledgment fo nn . • S ignature o f th e nota1y public mu st match th e s ig nature on fil e w ith the office of the coun ty c lerk . •!• Add iti ona l infonnatio n is not required but could help to ensure thi s ackn owledgm ent is not mi suse d or attac hed to a di ffe rent doc um ent. •!• Indi ca te titl e or type o f atta ched doc um ent, number o f pages and d ate. •!• Indi ca te th e capac ity claimed by th e s igner. If th e claiin ed ca pac ity is a corp orate o ffi cer, indica te th e titl e (i.e. CEO, C FO, Sec retaiy). • Sec ure ly attac h thi s do cum ent to th e s ig ned d ocum ent w ith a sta ple . ..