99-047 Carol Atwood - Housing Assistance - Reso 99-089 and 00-007AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND CAROL A. ATWOOD
REGARDING HOUSING ASSISTANCE
This Agreement is executed this 5th day of April , 19 99 , by and
between the City of Cupertino, a municipal corporation, hereinafter referred to as
"City" and CAROL A. ATWOOD, who has been employed as Director of
Administrative Services by City, hereinafter referred to as "Atwood."
Recitals
Whereas, City has employed Atwood, as its Director of Administrative Services;
and
Whereas, City, pursuant to city council Resolution No. 99-070, encourages
department heads to reside within Cupertino corporate limits to ensure their
ready availability and familiarity with the community; and
Whereas, the costs of housing within the city limits are substantially greater than
surrounding areas; and
Whereas, City and Atwood have met and discussed compensation and realize that
due to extremely high costs of housing within Cupertino, City must assist
Atwood in obtaining suitable housing in Cupertino; and
Whereas, Atwood contemplates the purchase of a single-family residence within
Cupertino, hereinafter referred to as "the residence."
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Purpose
The purpose of this Agreement is to set forth those understandings reached
by the City and Atwood regarding housing assistance.
2. Terms of Employment
Nothing contained herein shall be construed to provide Atwood a contract
of employment with the City. City, through its City Manager, continues to
maintain its sole authority to retain or dismiss its Director of Administrative
Services, from employment. The exercise of such authority by City shall
not establish in Atwood a cause of action for money damages due to a loss
of housing assistance provided herein. Nothing herein is intended to create
any obligation to provide housing assistance for any person or persons
except Atwood herself.
3. Terms of Housing Assistance
A. Loan
Atwood may obtain, upon request, a loan by City to Atwood not to
exceed 5 times her gross salary to be used for the purchase of a
residence of Atwood's choosing within the City of Cupertino; provided
that said loan not exceed 90% of the purchase price.
Said loan shall be evidenced by a promissory note in favor of City
secured by a first deed of trust encumbering the residence. Said
promissory note shall be for a term of 40 years and shall bear a fixed
rate of interest, where the interest rate shall be the 1 lth District cost of
funds prevailing immediately prior to making of the loan.
Said residence shall be occupied by Atwood as her primary residence
and shall not be occupied as a residence by other persons not in her
family without written consent of City.
B. At any time during the term of the loan, commercial or other financing
becomes available at or below the interest rate applicable to the city
loan, Atwood shall refinance and retire the city loan.
C. Atwood elects a 2% (200 basis point) deferral from the 11th District
cost of funds rate for a period of five years from the date of the
inception of the loan. At the conclusion of the 5 years, the interest rate
will revert to that originally set forth in the note, or the interest rate
then prevailing under the program for fixed rate loans, (11th District
cost of funds) whichever is lower. When the loan becomes due, or is
otherwise retired, the value of the deferral described above, shall be
paid off at that same time. The value of said deferral shall earn no
interest.
D. Atwood may prepay at any time all, or a portion, of this loan without
penalty.
E. Atwood shall repay said loan in equal monthly installments of principal
and interest and shall authorize City to make automatic payroll
deduction to cover payments with respect to the City's loan. Such
payroll deduction shall have priority over all other deductions except
PC/DIR/RES/A/H32999 2
those required by law. City will provide Atwood a year-end statement
showing the amount allocated paid to principal and the amount paid as
interest.
F. Notwithstanding any provision to the contrary, the promissory note shall
become immediately due and payable upon sale or transfer (except for a
transfer into a living trust or other probate or tax mechanism where
Atwood and her spouse remain primary beneficiaries.)
G. Equity Sharing
1) In addition to said loan above described, City shall contribute a
sum of not to exceed 30% of the bona fide purchase price to be used
to purchase the residence. Payment of this sum shall entitle City to a
proportionate share in the equity of the residence as provided herein.
Title to the residence will be held by City and Richard T. and Carol
A. Atwood, (in community property), as tenants in common.
2) Atwood shall be responsible for taking out and maintaining, at
her sole cost, fire, casualty, and liability insurance on the residence
with coverage and terms, and in an amount, which are satisfactory to
city and naming the City, as additional insured thereunder, as
beneficiaries in proportion to the City's equity interest. In the event
that the parties agree that earthquake insurance is appropriate and
available, the parties shall bear the cost of said insurance based upon
their respective interests in the equity.
3) Atwood shall be responsible for making all necessary repairs and
maintenance to the residence, provided, however, that with respect to
any specific repair or project (e.g., roof, painting, fencing) whose
cost is greater than $2,500, the parties shall share the cost of said
repair in proportion to their respective equity interests at the time the
repairs are made. Prior to commencing any repairs costing $2,500 or
more, Atwood will confer with City to obtain agreement as to said
repair.
4) No remodeling of, or improvements to, the residence may be
made without written consent of the City.
At any time, Atwood may provide to the city manager a written
request listing proposed specific improvements she intends to make
PC/DIR/RES/A/H32999 3
to the residence. With respect to each specific improvement, the city
manager may:
a) Approve the improvement and agree that the City shall
contribute to the cost of the improvement based upon its equity
share.
b) Approve the improvement, but refuse to contribute to the
cost of the improvement. In that event, the cost will be borne solely
by Atwood and said cost will be added to her share of the equity.
c) Not approve the improvement with the exercise of
reasonable discretion.
5) The parties will share real property taxes and assessments on the
same basis as their respective equity interests in the residence.
H. Closing Costs
City shall pay or reimburse Atwood for 50% of her closing costs as
the purchaser of the residence.
4. Sale or Transfer of the Residence
A) Atwood, at her sole option, may sell the residence at any time based
upon a market price which is mutually agreeable to the parties.
B) Upon sale, the proceeds shall be distributed as follows:
1) Necessary costs of sale.
2) The parties will share the balance on the same basis as their
respective equity interests in the residence, as adjusted for the value
of any improvements described in Paragraph 3G4 above.
3) From Atwood's share, the balance of the city loan described
in Paragraph 3A shall be repaid out of escrow and prior to disbursal
of funds.
5. Termination of Agreement
A. Atwood acknowledges and agrees that this housing assistance
agreement is not assumable by any subsequent buyer or transferee of the
residence in that it was specifically negotiated as part of the terms and
conditions of Atwood's employment with City, that the payroll deductions
provisions act as security to the benefit of the City, and that the various
PGDWRES/A4132999 4
aspects of the City's housing program indicate that the assistance is
fashioned for Atwood alone.
B. It is further agreed that upon termination of Atwood's employment, for
any reason, or upon her no longer using the property as her permanent
residence, the residence shall be sold pursuant to the provisions of this
Agreement.
C. Upon the occurrence of any event described in subparagraph 5B above,
Atwood, or her executor or administrator, shall be granted the option of
purchasing City's interest in the residence within two years of the date of
the occurrence. During any such option period, Atwood, or her executor or
administrator, shall continue to make all payments with respect to the
residence that Atwood would otherwise be required to make regardless of
whether any option described herein is actually exercised.
D. In the event that Atwood or her executor or administrator does not
exercise her option, then City shall have the option to purchase Atwood's
interest in the residence within 30 days after expiration of Atwood's interest
in the residence.
E. Any options described above shall be for the purchase of the residence
at a price established as follows:
Unless the parties otherwise agree as to the price, each party shall
appoint an M.A.I. appraiser and their decisions as to the market value of the
residence shall be averaged and shall be final, unless they differ by 5% or
more, in which case a third M.A.I. appraiser shall be selected by the other
two appraisers. The third appraisal shall be averaged with the closest other
appraisal. The amount so averaged shall be final. Cost of all appraisal shall
be split equally by the parties.
6. Miscellaneous
A. Neither Atwood nor her executor or administrator shall sell, lease, rent, or
encumber the residence in any way without the written consent of City in advance.
B. It is understood that incorporated into this agreement are the provisions
contained in City Council Resolution No. 99-070. In the case of any conflict
between the provisions of that Resolution and the provisions of this agreement, the
provisions of City Council Resolution 99-070 shall prevail.
PC/DIR/RES/A/H32999
C. Binding Effect
This Agreement binds the parties, their successors, and personal representatives,
and is not assignable by either party without the express written consent of the
other party.
D. Invalidity
In the event this Agreement or any part thereof should be held invalid, City
and Atwood agree to discuss alternatives, however, Atwood has no vested right to
alternative compensation.
E. Spousal Agreement
This Agreement shall become effective only upon the consent and
agreement thereto by Richard T. Atwood, and shall become null and void if he
shall refuse to execute any or all other documents deemed necessary by City to
initially consummate this transaction in its entirety. Richard T. Atwood also
agrees to execute all documents necessary to carry out this Agreement at all times
during its term.
F. Authority
The City Manager is hereby authorized and directed to execute all
documents necessary to carry out this Agreement.
Dated:
C (-q alun�X
CAROL A. ATWOOD
PC/DIR/RES/A/H32999
CITY OF CUPERTINO
�� -2�
Wally Dean, May6r
ATTEST
City Clerk
I agree and consent to
each of the provisions of
this Agreement.
L16-1 ell
Ci "
Richard T. Atwood APPROVED AS TO FORM
Charles T. Kilian
PC/DHMES/A/F132999
RESOLUTION NO. 99-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND CAROL A. ATWOOD REGARDING HOUSING
ASSISTANCE
WHEREAS, there has been presented to the City Council a proposed Agreement between
the City of Cupertino and Carol A. Atwood regarding housing assistance; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the Mayor and
the City Cleric to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of April, 1999 by the following vote:
Vote Members of the Ci Council
AYES: BURNETT, CHANG, JAMES, STATION, DEAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: APPROVED:
/S/KIMBERLY SMITH /S/WALLY DEAN
City Cleric Mayor, City of Cupertino
Secured Installment Note
With Interest
$584,360.00
(Amount borrowed)
December 17, 1999
Date
1. For value received, we, the undersigned Carol A. Atwood and Richard T.
Atwood, promise to pay to the order of the City of Cupertino, at its office at 10300
Torre Avenue, Cupertino, California 95014, at times specified below, the sum of
$584,360.00 (the principal) together with interest at the rate of 4.49 percent per
annum (computed on the basis of a 360 day year).
2. The principal and the aggregate of the interest will be payable in 1040
equal successive payments which will be automatically deducted biweekly from the
wages of Carol A. Atwood by virtue of her employment with the City of Cupertino
for each pay period of each month commencing with the pay period December 27,
1999 to December 26, 2039 until the full amount of principal and interest is paid. The
amount of each said payment is $1,210.32.
3. Notwithstanding the above, the undersigned elects to defer a portion of the
interest by 200 basis points from the above-described interest rate for the first 130
installment payments. The amount of each installment payment shall be reduced to
$887.65 for the first 130 payments.
4. At the conclusion of the reduced payment period above described, the
interest rate will revert to that originally set forth in this note, or to the interest rate
then prevailing based upon the l It" District cost of funds, whichever interest rate is
less.
5. The amount of the deferred interest as described above shall be paid at the
time of the last installment payment, or when the note is otherwise retired. The
amount of interest deferred hereunder shall earn no interest.
6. The maker may prepay at any time all, or a portion, of this loan without
penalty.
7. Maker Carol A. Atwood authorizes the City to make automatic payroll
deductions to cover payments with respect to this note. Such payroll deductions shall
have priority over all other payroll deductions except those required by law.
PGDIRWS 12-15-99
8. This note is secured by a first deed of trust encumbering real property
known as 10849 Sycamore Drive, (APN ) City of Cupertino, County of
Santa Clara, State of California 95014. Notwithstanding any other provision of this
note to the contrary, the note shall become immediately due and payable upon sale or
transfer (except for a transfer into a living trust or other probate or tax mechanism
where the maker or makers remain a primary beneficiary) of said property.
9. Notwithstanding any other provision of this note to the contrary, the full
balance of the note, together with any deferred interest, shall become immediately due
and payable upon the occurrence of any of the following events:
a) Termination of the use of the real property above described as the
principal residence of maker Carol A. Atwood.
b) Two years from the effective date that maker Carol A. Atwood
terminates, by retirement, death, or otherwise her employment with the City of
Cupertino. During said two-year period after termination, installment payments will
be made directly by the maker or his representatives.
c) Upon any failure of maker to make any payment under this note
when said payment becomes due.
10. This note is subject to the provisions contained in City of Cupertino City
Council Resolution No. 99-070 as it existed on June 1, 1999. In the case of any
conflict between the provisions of that Resolution and the provisions of this note, the
provisions of City Council Resolution No. 99-070 shall prevail.
11. Makers agree that if any legal action is necessary to enforce any provision
of this note for any nonpayment, the prevailing party will be entitled to his or her
legal costs including reasonable attorney's fees.
Maker /
Carol A. Atwood
ta
erl
V�
Itichard T. Atwood v
PGDIRWS 12-15-99 2
RECORDING REQUESTED BY
First American Title Guaranty Company
Escrow No. 753383-007
Loan No. Atwood
WHEN RECORDED MAIL TO:
Office of the City Attorney
City of Cupertino
10320 S. DeAnza Blvd. #1D
Cupertino, Ca. 95014
Attn: Charles T. Kilian
DOCUMENT: 15102935 Titles 2 / Pages 3
Fees.... 22.00
Taxes...
v0015102915A Copies.
AMT PAID 22.00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
First American Title Company
RDE # 021
12/28/1999
8 00 AM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN 342-57-028
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(SHORT FORM)
This DEED OF TRUST, made December 17, 1999
Carol A. Atwood and Richard T. Atwood, wife and husband,
as Community Property
whose address is 10849 Sycamore Drive , Cupertino, Ca 95014
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation,
City of Cupertino
WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the
, between
herein called TRUSTOR,
herein called TRUSTEE, and
, herein called BENEFICIARY,
City of Cupertino County of Santa Clara State of California, described as:
FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
For the Purpose of Securing (1) payment of the sum of $584 360.00 with interest thereon according to the terms of a promissory note or notes
of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, and (21 the performance of each agreement
of Trustor incorporated by reference or contained herein (3) Payment of additional sums and interest thereon whit may hereafter be loaned to Trustor,
or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust.
To protect the security of this Deed of Trust, and with respect to the property above described Trustor expressly makes each and all of the agreements,
and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth In subdivision A, and it is mutually agreed that
each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in
all other counties August 18, 1964, in the book and at the page of Official Records in the office of the county recorder of the county where said property
is located, noted below opposite the name of such county, namely:
DTLEN1.DOC (Rev 6/94) Page 1 Of 4
INITIAL 't`y-
(continuation of Deed of Trust between Atwood and The City of Cupertino)
COUNTY BOOK PAGE
COUNTY
BOOK
PAGE COUNTY BOOK PAGE COUNTY BOOK RXE
Alameda 1288 556
Kings
858
713 Placer 1028 379 Sierra 38 187
Alpine 3 130-31
Lake
437
110 Plumas 166 1307 Siskiyou 506 762
Amador 133 438
Lassen
192
367 Riverside 3778 347 Solano 1287 621
Butte 1330 513
Los Angeles
T-3878
874 Sacramento 5039 124 Sonoma 2067 427
Calaveras 185 338
Madera
911
136 San Benito 300 405 Stanislaus 1970 56
Colusa 323 391
Marin
1849
122 San Bernardino 6213 768 Sutter 6558
Contra Costa 4684 1
Mariposa
90
453 San Francisco A-804 596 Tehama 457 183
Del Norte 101 549
Mendocino
667
99 San Joaquin 2855 283 Trinity 108 595
EI Dorado 704 635
Merced
1660
753 San Luis Obispo1311 137 Tulare 2530 108
Fresno 5052 623
Modoc
191
93 San Mateo 4778 175 Tuolumne 177 160
Glenn 469 76
Mono
69
302 Santa Barbara 2065 881 Ventura 2607 237
Humboldt 801 83
Monterey
357
239 Santa Clara 6626 664 Yolo 769 16
Imperial 1189 701
Napa
704
742 Santa Cruz 1638 607 Yuba 398 693
Inyo 165 672
Nevada
363
94 Shasta 800 633
Kern 3756 690
Orange
7182
18 San Diego SERIES 5 Book 1964, Page 149774
shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said
subdivisions A and B, (identical In all counties, and printed on the reverse side hereof) are by the within reference thereto, incorporated herein and
made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the
obligation secured hereby, provided
the charge therefor does not exceed the maximum allowed by law.
The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore
set forth.
Signature of Trustor
aroI A. Atwooa
Richard woo
STATE OF CALIFORNIA
}ss
COUNTY OF Santa Clara
}
On 0eceojjje; 1`7, j c(99
, before me,�x�
c � c�_ e � , a Notary Public in and for said State,
personally appeared r
/ _)/
-,Z 9' T fGciooc�
personally known to me (or 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 hs4lze/they executed the same in hie/her/their
authorized capacity(ies), and that by 4Wher/their signature(s) on the instrument the person(s) or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my and ani official seal.
SANDRA
WINTER
Signature COJw i 1159494 NOTASlPUuLIG-G\LiSORN
IA@
SANTA Cl.�2A CiUNTY ns
y�(IFORMJ COMM. EXP. OCT. 12, 2002 i
(This area for official notarial seal)
DTLENI.DOC (Rev 6/94) Page 2 of 4
(continuation of Deed of Trust between Atwood and the City of Cupertino)
DO NOT RECORD REQUEST FOR FULL RECONVEYANCE
TO FIRST AMERICAN TITLE INSURANCE COMPANY, TRUSTEE:
The undersigned is the leal owner and holder of the note or notes, and of all other indebtedness secured
by the foregoing Deed ofwrust. Said note or notes, together with all other indebtedness secured by said
Deed of Trust, Have been fully paid and satisfied; and you are hereby requested and directed, on payment
to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above
mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith,
together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms
of said Deed of Trust, all the estate now held by you under the same.
Dated
STATE OF CALIFORNIA
COUNTY OF
}ss
On , before me, , a Notary Public in and
for said tate, personally appeared
personally known to me (or proved to me on the basis of satistactory 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/her7their signature(s) on the instrument the
person(s) or the entity upon behalf of which tthe person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Please mail Deed of Trust,
Note and Reconveyance to
(This area for official notarial seal)
DO NOT LOSE OR DESTROY THIS DEED OF TRUST OR THE NOTE WHICH IT SECURES. BOTH MUST
BE DELIVERED TO THE TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE.
DTLEN1.DOC (Rev 6/94) Page 4 of 4
INITIAL' -
DO NOT RECORD _
The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded In eachacounty in California as stated in the foregoing Deed of Trust and incorporated
by reference in said Deed of Trust as being a part thereof as if set forth at length therein.
A. To protect the security of this Deed of Trust, Trustor agrees:
(1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike
manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to
comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer
or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property
may be reasonably necessary, the specific enumerations herein not excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other
insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the
entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder
or invalidate any act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs
and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, In any such action or proceeding in which Beneficiary or Trustee may appear,
and in any suit brought by Beneficiary to foreclose this Deed.
(4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due,
all incumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this
Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand
upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same In such manner and to such extent as either may deem necessary to
protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting
to affect the security hereof or the rights or powers of Beneficiary. or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment
of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law
in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded
by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded.
B. It is mutually agreed
(1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall
be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds
of fire or other insurance.
(2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of
all other sums so secured or to declare default for failure so to pay.
(3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said
note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said
Property; consent to the making of any map or plat thereof; join In granting any easement thereon; or join in any extension agreement or any agreement subordinating the
en or charge hereof.
(4) That upon written request of beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for
cancellation and retention or other disposition as Trustee In its sole discretion may choose and upon payment of Its fees, Trustee shall reconvey, without warranty, the
property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such
reconveyance may be described as "the person or persons legally entitled thereto."
(5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect
the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in
performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may
at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness
hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including
those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured
hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, Issues and profits and
the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
(6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums
secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election
to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents
evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by
law, Trustee, without demand on Trustor, shall sell said Property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in
such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale
of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public
announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant
or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor,
Trustee, or Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums
then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
(7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or
successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the
recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without
conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee
and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee.
(8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns.
The term Beneficiary shall mean the owner and holder, including pledgees of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever
the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural.
(9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify
any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by
Trustee.
DTLENI.DOC (Rev 6/94) Page 3 of 4 INITIAL I
EXHIBIT A
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
Lot 7, of Tract No. 9078, Unit 5, which Map was filed for record in the office of the Recorder of the County
of Santa Clara, State of California on July 9, 1998, in Book 705 of Maps page(s) 44-51.
APN: 342-57-028
RECORDED AT THE REQUEST OF:
First American Title
Escrow #753383 -007 -
WHEN RECORDED RETURN TO:
Office of the City Attorney
City of Cupertino
10320 S. DeAnza Blvd. #D
Cupertino, Ca. 95014
Attn: Charles T. Kilian
DOCUMENT: 15102934
A,00 15102934
Titles:l / Pages
Fees.... 37.09
Taxes...++ Conf ++
Copies..
AMT PAID 0
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
First American Title Company
GRANT DEED
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ Stamps turned
( computed on full value of property conveyed
( ) computed on full value less value of encumbrances
Mail tax statements to: Same as above
RDE # 021
12/28/1999
8 00 AM
FILOR REQUESTS --
DO
-DO NOT RECORD STAMP VAL
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE O'BRIEN
GROUP, a California corporation ("Grantor") hereby GRANTS to
Carol A. Atwood and Richard T. Atwood, wife and husband, as Community
Property and the City of Cupertino, as Tenants in Common
("Grantee")
the following described real property situated in the City of Cupertino, County of Santa Clara, State of
California:
PARCEL ONE: Fee simple title in and to Loth/ 7 (the "Property") as
shown on the map of Tract No. 9078, Oak Valley - -
Unit 5, filed for record on July 9, 1998, in Book 705 of
Maps at Pages 44 through 51, inclusive, in the Official
Records of the County of Santa Clara, State of California.
The Property described in Parcel One is conveyed subject to the "Restrictions On Use And Maintenance
Requirements" provisions set forth below:
RESTRICTIONS ON USE AND MAINTENANCE REQUIREMENTS
The Property is conveyed subject to one or more of the following restrictions on use and/or special
maintenance requirements: (a) private open spaces; (b) linear parks; (c) tree planters; (d) earthen berms
and solid wood fences near the PG&E facility; and (e) drainage facilities consisting of either an overland
release ditch or "J" -ditch or both. The Declaration of Covenants, Conditions and Restrictions of Oak
Valley recorded on July 9, 1998, as Document No. 14274450 in the Official Records of the County of
Santa Clara, State of California, ("CC&Rs") contains detailed information about these use restrictions and
maintenance requirements. Grantee is urged to carefully review the applicable provisions in the CC&Rs.
Tract 9078 1 05/24/99
The Property described in Parcel One is also conveyed subject to the "Arbitration Of Disputes" provisions
set forth below:
ARBITRATION OF DISPUTES
RESOLUTION OF DISPUTES: Any disputes, claims, issues or controversies between Grantee and Grantor
regarding any matters that arise out of or are in any way related to the Property or the relationship between Grantee
and Grantor (whether contractual or in tort) including, but not limited to, the purchase, sale, warranties, disclosures,
or alleged defects in construction, design, construction or materials (latent or patent) or the Purchase and Sale
Agreement or any related agreement (collectively "disputes") shall, except as otherwise set forth herein, be resolved
by neutral, binding arbitration and not by any court action except as provided for judicial review of arbitration
proceedings by California law. Except as otherwise set forth herein, the arbitration proceedings shall be conducted
by and in accordance with the rules of Judicial Arbitration and Mediation Services, Inc. (JAMS/Endispute) and, except
for procedural issues, the Arbitration proceedings, the ultimate decisions of the Arbitrator, and the Arbitrator shall
be subject to and bound by California (case and statutory) including, but not limited to, applicable statutes of
limitation such as California Code of Civil Procedure Sections 337, 337.15(a), 338(d), 340, and 340(3). Nothing
herein shall toll, extend, shorten or otherwise effect any applicable statute of limitations. Should JAMS/Endispute
cease to exist, as such, then all references herein to JAMS/Endispute shall be deemed to refer to its successor or, if
none, to the American Arbitration Association (in which case its commercial arbitration rules shall be used).
GOOD FAITH NEGOTIATION: Before any dispute may be referred to binding arbitration Grantee and
Grantor shall first attempt, in good faith, to resolve the dispute informally by negotiation. Either party may initiate
negotiations by writing a letter to the other party describing the nature of the dispute and any proposals to resolve the
dispute. The letter shall be sent by certified mail and shall be deemed received three (3) days after its deposit in the
U. S. Mail. The recipient shall respond, within ten (10) days of receipt of the letter, either with a letter that addresses
the dispute and its proposed resolution or by requesting a meeting of the parties. The meeting(s) shall be held at a
mutually acceptable location. After at least one exchange of letters or at least one meeting of the parties, should either
party honestly believe that the dispute cannot be resolved informally, then that party shall so notify the other either
personally at a meeting or in writing. At this point, either party is free to initiate arbitration as provided herein.
Should either party refuse to participate in the negotiations, then upon expiration of the ten (10) days initial response
time, the party who sent the initiating letter shall be free to commence arbitration proceedings.
If the dispute involves an alleged problem with materials, design or construction of the Property then Grantor
shall have the right to inspect the alleged problem before any such meeting or any written response is required from
Grantor. If Grantor elects to attempt to cure the alleged problem, Grantee agrees to give Grantor access to the
Property, during normal working hours, and Grantor agrees to begin its curative work within sixty (60) days after
the first meeting between the parties. If the dispute remains unresolved after the good faith attempt to negotiate has
been concluded or if the curative action by Grantor is not undertaken as promised or does not resolve the alleged
problem, then either party is free to initiate arbitration as provided herein.
SPECIAL PROCEDURAL RULES:
SELECTION AND TIMING: The matter shall be heard by one Arbitrator. Within five (5) business days
of receipt of a written request from one of the parties to arbitrate a claim, JAMS/Endispute shall provide a list of five
(5) qualified individuals to both parties. The term "qualified" shall mean a retired judge (or if none are available then
an attorney, licensed to practice in California) having at least fifteen (15) years of experience with a strong emphasis
on the laws governing real estate matters, especially those dealing with residential real estate development and
construction. Each side will strike one name (based on reasons listed in CCP 1297.121 or for no reason at all) until
one is left (which shall be the appointed Arbitrator), unless the parties sooner agree. The parties shall have no more
than three (3) business days for the striking of each name. The initiating party shall be the first party to strike a name
and submit it to the other party.
Tract 9078 2 05/24/99
DISCOVERY: Except as limited herein, each party shall be entitled to discovery to the extent provided in
Section 1283.05 of the Code of Civil Procedure or any successor statute thereto. Each party shall have the right to
depose the expert witnesses of the other party and to conduct one other deposition of its choice without the need to
obtain an order of the Arbitrator. Neither party shall have any other discovery rights except as authorized by the
Arbitrator for good cause.
FULL DISCLOSURE: Both parties shall, in good faith, make a full disclosure of all issues and evidence
to the other party prior to the hearing. Any evidence or information that the Arbitrator determines is unreasonably
withheld shall be inadmissible. The initiating party shall be the first to disclose, in writing, to the other party and to
the Arbitrator an outline of the issues and its position on each such issue; a list of all witnesses it intends to call; and
copies of all written reports and other documentary evidence whether or not written or contributed to by its retained
experts (collectively, "outline"). The initiating party shall submit its outline to the other party and the arbitrator within
thirty (30) days of the final selection of the Arbitrator. The responding party shall submit its written response as
directed by the Arbitrator. If the dispute involves alleged construction defects, then the Grantee shall be the first party
to submit its written outline, list of witness, and reports/documents and shall include a detailed description of the
nature and scope of the alleged defect(s); its proposal for repair or restoration; any repairs made to date; and an
estimate of the cost of repair/restoration together with the calculations used to derive the estimate.
HEARING: The hearing shall be held in the JAM/Endispute office that is geographically nearest the location
of the Property. The hearing shall commence within ninety (90) days of the receipt by the parties of the list of names
of proposed arbitrators from JAMS/Endispute unless this date is determined to be infeasible by the arbitrator in which
case the Arbitrator shall select the next available date for the hearing. The Arbitration shall be conducted as
informally as possible. Neither the rules of admissibility of evidence nor the Evidence Code of the State of California
shall be applicable except for Evidence Code Sections 1152 et seq. which shall be applicable for the purpose of
excluding from evidence offers, compromises, and settlement proposals, unless both parties consent to their admission.
The Arbitrator shall be the sole judge of the admissibility of and the probative value of all evidence offered. Attorneys
are not required and either party may elect to be represented by someone other than a licensed attorney. Cost of an
interpreter shall be bom by the party requiring the services of the interpreter in order to be understood by the
Arbitrator. Except as set forth herein, the Arbitration shall be conducted pursuant to Title 9 of the California Code
of Civil Procedure, Section 1280 et seq.
DECISION BINDING: The decision of the Arbitrator shall be binding on the parties and may be entered
as a judgment in any court of the State of California that has jurisdiction and venue. In no event shall the award of
the Arbitrator include any component for punitive or exemplary damages. The Arbitrator shall cause a complete
record of all proceedings to be prepared similar to those kept in the Superior Court; shall try all issues of both fact
and law; and shall issue a written statement of decision, such as that described in Code of Civil Procedure Section 643
(or its successor) which shall specify the facts and law relied upon in reaching his/her decision within twenty (20) days
after the close of testimony.
NO ATTORNEYS' FEES/PAYMENT OF COSTS DETERMINED: Grantor shall advance any fee required
by JAMS/Endispute to initiate the Arbitration proceedings. Notwithstanding any statute to the contrary, including
Code of Civil Procedure Section 645. 1, each party shall bear their own costs of the hearing, including, expert
witnesses, consultants, reports, and similar costs. The total cost of the arbitration proceedings, including the advanced
initiation fees and other fees of JAMS/Endispute and any related costs and fees incurred by JAMS/Endispute (such
as experts and consultants retained by it) shall be borne as determined by the Arbitrator, regardless of the Arbitrator's
decision on the merits. No attorneys fees or costs shall be awarded to either party but each party shall be solely
responsible for its own attorneys' fees.
JUDICIAL REFERENCE ALTERNATIVE: To the extent that either party may be otherwise entitled to
bring an action at law pursuant to California Code of Civil Procedure Section 1298.7, or should a court of competent
jurisdiction determine that the dispute resolution set forth herein is void or unenforceable, the entire matter shall
proceed as one of judicial reference pursuant to Code of Civil Procedure Section 638 et seq. The rules of procedure
set forth herein shall, unless precluded by law, be the rules of procedure for the reference proceeding.
JAMS/Endispute shall hear, try and decide all issues of both fact and law and make any required findings of facts and,
Tract 9078 3 05/24/99
if applicable, conclusions of law and report these along with the judgement to the supervising court within twenty (20)
days after the close of testimony.
The parties shall cooperate and diligently perform such acts as may be necessary to carry out the purposes
of these arbitration provisions.
STATUTORY NOTICE:
NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION
OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING
IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO
DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED
IN THE `ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED
TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING OUT THE MATTERS INCLUDED IN THE `ARBITRATION OF
DISPUTES' PROVISION TO NEUTRAL ARBITRATION.
BUYER'S INITIALS ( ) (C_ �,_ ) SELLER'S INITIALS ( )
MATTERS OF RECORD
PARCEL ONE, ABOVE, IS SUBJECT to (i) the terms and provisions of the Declaration of Covenants,
Conditions and Restrictions of Oak Valley recorded on July 9, 1998, as Document No. 14274450 in the
Official Records of the County of Santa Clara, State of California, (ii) the terms and provisions of the First
Amendment to Declaration of Covenants, Conditions and Restrictions of Oak Valley recorded on
March 25, 1999, as Document No. 14721004 in the Official Records of the County of Santa Clara, State
of California, (iii) the effects and burdens of any district or governmental entity, (iv) any and all rights,
easements and interests offered for dedication by the terms and provisions of the Map, (v) the provisions
of this Grant Deed and (v) any and all other encumbrances of record.
Tract 9078 4 05/24/99
if applicable, conclusions of law and report these along with the judgement to the supervising court within twenty (20)
days after the close of testimony.
The parties shall cooperate and diligently perform such acts as may be necessary to carry out the purposes
of these arbitration provisions.
STATUTORY NOTICE:
NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION
OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING
IN TIIE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO
DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED
IN THE `ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED
TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING OUT THE MATTERS INCLUDED IN THE `ARBITRATION OF
DISPUTES' PROVISION TO NEUTRAL ARBITRATION.
BUYER'S INITIALS ( ) ( ) SELLER'S INITIALS
MATTERS OF RECORD
PARCEL ONE, ABOVE, IS SUBJECT to (i) the terms and provisions of the Declaration of Covenants,
Conditions and Restrictions of Oak Valley recorded on July 9, 1998, as Document No. 14274450 in the
Official Records of the County of Santa Clara, State of California, (ii) the terms and provisions of the First
Amendment to Declaration of Covenants, Conditions and Restrictions of Oak Valley recorded on
March 25, 1999, as Document No. 14721004 in the Official Records of the County of Santa Clara, State
of California, (iii) the effects and burdens of any district or governmental entity, (iv) any and all rights,
easements and interests offered for dedication by the terms and provisions of the Map, (v) the provisions
of this Grant Deed and (v) any and all other encumbrances of record.
Tract 9078 4 05/24/99
Acceptance By Grantee
GRANTEE, upon behalf of itself, its successors, assigns and members, by acceptance of this deed, agrees
to be bound by each and every provision of this Grant Deed.
Dated this day of
GRANTEE:
Carol A. Atwood
GRANTOR:
State of California )
LL
e-
ss.
County of �Jcin� L e- /—r )
City of tin
by:
Charles T. Killian, Attorney
Richard T. Atwood
THE O'BRIEN GROUP,
a California corporation
By:
Name:
Title:
On llcr u le er i7 , 199 `� , before me, Sarjd -�-, (d,, jg &c ,
personally appeared,char,-/ .rpersonally
known to me (or 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 heAhe/they executed the same in
his1her/their authorized capacity(ies), and that by bis/her/their signature(s) on the instrument, the person(s)
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
°., SAFiDRA WINTER
.. COMM. #1198494
> NOTARY PUBLIC -CALIFORNIA
o SANTA CLARA COUNTY 0
Y
'FOR COMM. EXP. OCT. 12, 2002 —'
Notary Public
Tract 9078 5 05/24/99
State of California
ss.
County of Santa Clara
On 12/22/ , 199 9 , before me, the undersigned
personally appeared Charles T. Kilian personally
known to me (or 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.
WITNESS my hand and official seal
0f� a COMM # 1172006
L u �® m T N 0TA%i PUBM-GAI.IFORNjj%;m
B-ANTA CLARA COUNTY 0
y w ` OOMHO. E30 .1 — 1, 2002
State of California
\. ) ss.
County of )
Notary Public
On , 199 , before me, ,
personally appeared personally
known to me (or 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.
WITNESS my hand and official seal.
Notary Public
Tract 9078 6 05/24/99
Acceptance By Grantee
GRANTEE, upon behalf of itself, its successors, assigns and members, by acceptance of this deed, agrees
to be bound by each and every provision of this Grant Deed.
Dated this o'o day of
GRANTEE:
Carol A. Atwood
GRANTOR:
State of Calif
orni )
!' ) ss.
Cour of - d )
Oii/ gyp' . cab v
City of Cupertino
by:
Richard T. Atwood
THE O'BRIEN GROUP,
a California corporation
Name:; 7_a ( -i ..�_i �) :�C� r" 4
Title:
�' —71 16
personally appeared f i , h s �L S, 1 �c+rfT / personally
known to me (or proved to me on the basis of satisfactory evidence) to be the persoi}(s) whose namefs}
is/are subscribed to the within instrument and acknowledged to me that he/she/ttey executed the same in
his/her/their authorized capacity(ies), and that by #is/her/theiF signature(s) on the instrument, the person(s)
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
W COMM. #117419
cwra NOTARY PUBU04AUFOMYA,
Q SAN MATED COUNTY
Tract 9078
05/24/99
RESOLUTION NO. 00-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT DEED FROM THE O'BRIEN GROUP,
A CALIFORNIA CORPORATION
WHEREAS, the O'Brien Group has executed a grant deed which 'is in good and
sufficient form, granting all rights in certain real property situate in the City of Cupertino,
County of Santa Clara, more particularly described as follows:
Lot 7 of tract No. 9078, Unit 5, which map was filed for record in
The office of the Recorder of the County of Santa Clara, State of
California on July 9, 1998 in Book 705 of maps, pages 44-51.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
Grant Deed so tendered; and
IT IS FURTHER RESOLVED that the City Clerk or First American Title
Company be authorized to record said Grant Deed and this Resolution.
PASSED AND ADOPTED by the City Council of the City of Cupertino by the
following vote:
Vote Members of the City Council
AYES: Statton, James, Burnett, Chang, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City"Clerk'
ayor, City of Cupertino
State of California )
County of Santa Clara ) ss.
City of Cupertino )
I, Kimberly Smith, City Clerk of the City of Cupertino, hereby certify the foregoing
document to be a true and correct copy of City Council Resolution No. 00-007, accepting
grant deed from the O'Brien Group, the original of which is on file in the City Clerk's
Office
December 22, 1999 _
Date Kimbe Smith
City Clerk
EXHIBIT A
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
Lot 7, of Tract No. 9078, Unit 5, which Map was filed for record in the office of the Recorder of the County
of Santa Clara, State of California on July 9, 1998, in Book 705 of Maps page(s) 44-51.
APN: 342-57-028
r:
■: DO NOT RECORD
FILOR REQUESTS
UO NOT RECORD STAMP VALUE
Doc#: 15102934
12/28/1999 8:00 AM
Document NO.
DECLARA7.11ON OF TAX DUE: SEPARA'T'E PAPER:(§11932,11933 Revenue & Taxation Code)
AND i
REQUEST THAT AMOUNT Or, TAX NOT IM MADE A PART
OF THE PERMANENT RECORD IN TBE OFFICE OF? THE COUNTY RECORDER
Request is laereby made in accordance with the provisions of theocumentary Transfer Tax Act that the
amount of tax shall be shown on this statement which shall be affix �d to the document by the Recorder after
the record is made and before the original is returned as specified %n §27321 of the Goveriunent Code,
APN: 312-57-028
t
The O'Brien Group, a California corporation ("Grantor")
and {
Cprol A. Atwood and Richard T. Atwood, wife and husband, A Community Property
and the City of Cupertino, as Tenants in Common ("Grantee")
Property described in said document is located in Cupertino k�
4
City Conveyance Tax is: $N/A
Survey Nlonunlcnt Preservation Fund is: $None E
(x) Coniputed on the. consideration or value of property conveyed; or
O Computed on the consideration or value. less liens or encurrlbrances remaining at time of sale.
.I)ocum011( pry Transfer Tax is: $1,716.00 !
i
i
T declare imcl r penalty of perjury under the laws of the State of Califoniia that the foregoing is true and
co rTect.
Date: /15Z-21 1 — 91
1 /2
hl�
Sibnaturc oC f)CClil -WIt
Card A. Atwood
Print Name
irn,rAXAFIr A(3V vo,?
DO NOT RECORD