04-046 Centex Homes, Murano Homes, Imperial Avenue~ 4r
RECORDED AT THE REQUEST OF )
and )
WHEN RECORDED MAIL TO: )
Centex Homes Northern California )
2527 Camino Ramon, Suite 100 )
San Ramon, CA 94583 )
Attn: Jeff Jacobs )
SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT MAINTEI`IANCE AGREEMENT
THIS EASEMENT MAINTENANCE AGREEMENT ("Agreement") is made and
entered into this ~'~day of ~Ur~2 , 200 by the Murano Homeowners Association a
California nonprofit mutual benefit corporation (Hereinafter referred to as the "Association"), and
the City of Cupertino ("City").
RECI7CALS
This Agreement is made and entered into with reference to the following facts:
A. Association is the successor-in-interest to Centex Homes, a Nevada general
partnership ("Declarant"), the developer of the real property and improvements that comprise the
Murano project that is located within the City of Cupertino ("City"), County of Santa Clara,
State of California ("Project").
B. As set forth herein, the provisions of this Agreement are intended to and shall run
with the Project and be binding upon all owner;, successors and assigns of the Project, or any
portion thereof.
C. The purpose of this Agreement is to allocate the costs of maintenance; repair and
replacement between the Association and the City of (1) the Easement Areas leading from the
Project to Poppy Way and related improvements, including the trail, landscaping and
hardscaping, and (2) the portion of the walkways for Residential Lots 3, 4, 5, 6, 7, 53, 54, and 55,
which is located on City property, and to establish certain criteria and procedures for the
accomplishment of said maintenance, repair and replacement.
NOW, THEREFORE, the parties hereto agrees as follows:
1. Covenants Running With the Laird; Property Subject to Agreement: All of the
real property described in Exhibit "A" shall be subject to this. It is intended and determined that
the provisions of this Agreement shall run with the land and shall be binding on all parties
having or acquiring any right, title or interest in the Easement Area or any portion thereof and
shall be for the benefit of each grantee of any easements within the Easement Area and shall
Centex/Murano
Walkway Maintenance Agreement
25202-57/160042 vl
inure to the benefit of and be binding upon each successor in interest of the owners thereof.
Each and all of the limitations, easements, obli4;ations, covenants, conditions, and restrictions
contained herein shall be deemed to be, and shall be construed as equitable servitudes,
enforceable by any of the owners of any of the ~~roperty subject to this Agreement against any
other Owner, tenant or occupant of the said property, or any portion thereof.
2. Responsibility for Cost of Re»air, Replacement and Maintenance: The
Association shall, at its sole cost and expense., maintain, repair, replace, and keep in good
condition all improvements, including but not linlited to landscaping and hardscaping located on
the Easement Areas.
3. Definitions of Repair, Replacement and Maintenance: The repair, replacement
and maintenance to be undertaken and performed under this Agreement shall Include all work
necessary to maintain the Easement Areas in a good, useable condition under all weather
conditions, The Association shall maintain the F;ase:ment Areas to the standards, specifications
and condition to which, at a minimum, they were originally constructed as evidenced by plans
and specifications on file with the City and/or provided to the Owners by Declarant.
4. Decisions Regarding Performance: of This Agreement: All decisions regarding
the need for maintenance, the implementation thereof and any particular other matters of the
Easement Areas shall be determined by the Association.
5. Indemnity: The Association shall defend, indemnify, and hold the City harmless
of and from any and all claims, liabilities, actions, causes of action, and damages for personal
injury and property damage, including without limitation reasonable attorneys' fees, arbitration
fees or costs and court costs, arising out of or related to the use and Association's maintenance of
the Easement Area described in paragraph no. 2, except to the extent that such claims, liabilities,
actions, causes of action, and damages arise out of or relate to City's negligence and/or
intentional conduct or the negligence or intentional acts of any of City's employees, agents,
representatives, contractors, vendors, or consultants.
6. Attorney's Fees: In the event that any party institutes legal action or arbitration
against the other to interpret or enforce this Agreement, or to obtain damages for any alleged
breach hereof; the prevailing party in such actic>n or arbitration shall be entitled to reasonable
attorneys' or arbitrators' fees in addition to all other recoverable casts, expenses and damages.
7. Further Documents: The parties ~;ovenant and agree that they shall execute such
father documents and instructions as shall be necessary to fully effectuate the terms and
provisions of this Agreement.
8. Entire Agreement: This Agreement constitutes the entire agreement of the parties
with respect to the subject matter contained herein and supersedes all prior agreements, whether
written or oral. There are no representations, agreements, arrangements or undertakings, oral or
written which are not fully expressed herein.
Centex/Murano 2
Walkway Maintenance Agreement
25202-57/160042 vl
9. Severability: In the event any Dart or provision of this Agreement shall be
determined to be invalid or unenforceable under ~:he laws of the State of California, the portions
of this Agreement which can be separated from the invalid, unenforceable provisions shall,
nevertheless, continue in full force and affect.
10. No Waiver: The waiver of any covenant contained herein shall not be deemed to
be a continuing waiver of the same or any other covenant contained herein.
11. Recordation: It is anticipated that this Agreement shall be recorded as an Exhibit
to the Association's Declaration of Covenant;,, Conditions and Restrictions, and shall be
executed and acknowledged in proper recordable form.
12. Amendment: This Agreement ma:~be attended in whole or in part only by mutual
written agreement. Any such amendment shall lie recorded in Santa Clara County, California.
In the event any conflict arises between the provisions of any such amendment and any of the
provisions of any earlier document or documents, the most recently duly executed and recorded
amendment shall be controlling. ~~
Executed the day and year first above written.
DECLARANT:
CENTEX HOMES,
a Nevada general partnership
By: Centex Homes Real Estate
Corporation,
its managing general partner
N.
Ti
CITY OF CiJ1SERTINO
By: o~ .
Name:
Title:
Centex/Murano
Walkway Maintenance Agreement
25202-57/160042 vl
State Of California )
ss.
County Of Santa Clara )
On ~~5 2004, before me, ~_ ~~ c. k~ ~ /~ . /lie ~5 a r, personally
appeared `1Z• fah n Och sr1 e r personally known to me or proved
to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the ~~erson, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and offici/al~ seal.
Signature l~ • ~~
Notary Public
~ JACKiE A. NELSON
COMM. # 1352880
NOTARY PUBLIC-CALffORN1A D
~ corrl~xnn COSTA cotrMly 0
con-sM. >:xr. APxu ~, ~ j
[SEAL]
Centex/Murano
Walkway Maintenance Agreement
25202-57/160042 vl
..,. i,)`1 `~
AGRE~:MENT
Murano Homes
Rainbow Dri~~e/Poppy Way
APN 366-19-048, 3611-19-074, 366-19-075
This AGREEMENT made and entered into this a~ day of ~U~l~ 2004, by and
between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and Centex Homes, a Nevada general partnershiu, hereinafter designated as
DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY to Secure Building Permits
to construct (55) Single Family Dwellings hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the
Project by Creegan & D'Angelo, a true copy of which improvement plans and specifications are on
file in the office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as though set out in full;
NOW, THEREFORE, said improvement pl~~ns and specifications shall be hereinafter called the
"Plans", and the work to be done under the Plans shall be called the "Work".
Page 1 of 10
File No. 52,347
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established
the amounts of Bonds, Fees, and Deposits as set forth in the following schedule:
SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: $ 670,520.50
110-2211
PART B. Labor and Material Bond: $ 670,520.50
110-2211
PART C. Checking and Inspection Fee: $ 33,526.03
110-4538
PART D. Development Maintenance Deposit: Paid
110-2211
PART E. Storm Drainage Fee: Basin 2 Paid
Account #: 215-4073
PART F. One Year Power Cost: N/A
110-4537
PART G. Street Trees: By Developer
PART H. Map Checking Fee: $ 1,097.75
110-4539
PART I. Parlc Fee: Zone III $ 104,850.00
Account #: 280-4083
PART J. Water Main Reimbursement: N/A
110-4554
PART K. Maps and/or Improvement Plans: N/A
As specified in Item #21 of agreement
Page ~' of 10
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties
hereto as follows, TO WIT:
DEDICATION
B. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which
is attached hereto and made a part hereof by reference. Said dedicated property shall be free
and clear of all liens or encumbrances except those, which the CITY shall waive in writing.
The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open
until the CITY accepts offer by resolution.
C. Upon execution of this AGREEMENT, the DEVELOPER agrees to deliver a
properly executed grant deed to the CITY ~~f the real property described in Exhibit "A", 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:
(I) A preliminary title report issued by a title insurance company relating to the
property offered for dedication.
(2) A standard policy of title insurance issued by a title insurance company and
insuring the CITY in the sum of N/A, and which shall show said property
free and clear of all liens or encumbrances except those as the CITY shall
expressly waive in writing; said policy shall be furnished at the time of
acceptance of dedication an~i recordation of deed.
D. Upon the condition precedent that the DEVELOPER shall perform each and every
covenant and condition of this AGREEMI=;NT, the CITY agrees to accept said real property
offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work 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 Worlc within the specified period of time, the CITY, at its sole option, shall be
authorized to complete the Work I whatever manner the CITY shall decide. In the event the
CITY completes the Work, the CITY mar recover any and all costs incurred thereby from
the DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be
granted or street improvements shall not lie accepted unless all the requirements for safety
purposes are installed such as sidewalks, handicap ramps, street lights, etc.
Page :~ of 10
B. The DEVELOPER shall install and_ complete the Work in a good and worlcmanlilce
manner in accordance with the plans as approved by the City Engineer of Cupertino. The
Worlc shall be done in accordance with existing ordinances and resolutions of the CITY and
in accordance with all plans, specifications, standards, sizes, lines, and grades approved by
the City Engineer. The Work shall be done, in accordance with all State and County Statutes
applicable hereto. The decision of the City Engineer shall be final as to whether any
material or workmanship meets the standards, specifications, plans, size lines and grades as
set forth.
C. It is further agreed that the Worlc shall be done 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 Worlcs" 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, they specifications of the CITY and/or the Cupertino
Sanitary District shall take precedence over and be used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No.
130 of the CITY by obtaining an excavation permit from the City Engineer before the
commencement of any excavation in, or, or under the surface of any existing public street,
lane, alley, sidewalk, or other public place;. It is further agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the proposed excavation is to
commence.
4. QUITCLAIM DEED
It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all
his 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 CITE', when presented to them for signature.
5. BONDS AND OTHER SECURITY
A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the
CITY a faithful performance bond to assure his full and faithful performance of this
AGREEMENT. The penal sum of said faithful performance bond is as set forth in Part A of
the SCHEDULE OF BONDS, FEES AND DEPOSITS. In the event that improvements are
to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful
Page 4 of 10
performance, file with the CITY, a labor and materials bond in a penal sum as set forth in
Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS. Said bonds shall be
executed by a surety company authorized to transact a surety business in the State of
California and have been approved by the City Attorney as to form and by the City Engineer
as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the
covenants and conditions of this AGREEMENT, or to make any payment, or any dedication
of land, or any improvements herein required, the CITY shall call on the surety to perform
this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do
so.
B. In lieu of a faithful performance surety bond, the DEVELOPER may elect to secure
this AGREEMENT by depositing with the CITY:
1. Cash; or,
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 meeting the requirements of
Govermnent Code Section 66499 (b) or (c).
C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall
be as designated by the City Engineer, an~i 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 DEVELOPEF: shall fail faithfully to perform the covenants and
conditions of this AGREEMENT, or to m.~lce any payment, or any dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said security thereto.
D. No release of surety bond, cash deposit, check or certificate of deposit shall be made
except upon approval of the City Council.
1. Schedule for bond and insurance release for paper bonds are as follows:
A. Release of 90 percent of the faithful performance bond upon
acceptance by City Council.
B. 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.
C. 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.
D. 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.
Page 5 of 10
2. Schedule for Bond And InsL~rance Release for Cash, CD, Set-Aside Letter are
as follows:
A. Release of 45 percent of bond upon acceptance by City Council.
B. Release of additional 45 at six months from acceptance after all
deficiencies have been corrected and in the absence of any claim against such
bond.
C. Release of remaining 10% at one year from date of acceptance after
all deficiencies have been corrected and in the absence of any claim against such
bond.
D. Release of the liability insurance, provided by the DEVELOPER or
CONTRACTOR to hold the CITY harmless in the event of liability arising from
the subject project, at the end of one year if all deficiencies have been corrected
and in the absence of any claim against such insurance.
6. CHECKING AND INSPECTION FEE
It is further agreed that the DEVELOPER shall pay any and all necessary direct expenses for
inspection, checking, etc. incurred by CITY in comiection with said Project, and that
DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT,
the amount as set forth herein at Page 2 (Part C.). 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.
7. MAP CHECKING FEE
It is further agreed that the 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, the amount
as set forth herein at Page 2 (Part H).
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER_ shall pay to the CITY, prior to execution of this
AGREEMENT, the amount set forth herein at Page 2 (Part D) as a development
maintenance deposit to insure proper dust control and cleaning during the construction
period. The development maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or materials appearing in said
work during the period until release of the surety bonds or other security permitted under
paragraph S.B by the CITY.
Page 5 of 10
Should the DEVELOPER complete the required repairs to the entire satisfaction of the
CITY, the unused balance will be returned under the release of the- surety bond or other
security permitted under paragraph S.B.
9. STORM DRAINAGE FEE
It is further agreed that the 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, in the
amount as set forth herein at Page 2 (Part )_;).
10. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY, those monies required to
comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The
deposit shall be held by the CITY until said monies are needed to implement improvements
outlined by the Director of Public Works or improvements outlined within the adopted
Water Master Plan.
11. ONE YEAR POWER COST
It is further agreed that the DEVELOPER- shall pay to the CITY, prior to execution of this
AGREEMENT, the amount as set forth herein at Page 2 (Part F), which amount represents
the power cost for street lights for one year.
12. THE INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER- shall, at such time as deemed appropriate by the
City Engineer, plant street trees in conformance with the standards of the City of Cupertino.
Variety of tree shall be selected from the CITY approved list.
13. PARK FEES
It is further agreed that the DEVELOPEI: 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, and which is further stipulated under Part
I, Page 2 herein. Fees are also 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
14. MAINTENANCE OF WORK
It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in
the Worlc are corrected to conform to the Plans and the City Standards and Specifications for
the Worlc. The DEVELOPER shall, upon written notice thereof, immediately repair or
replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of
Page 7 of 10
said CITY, all defects and imperfections arising out of or due to faulty worlcxnanship and/or
materials appearing in said Worlc.
15. SANITARY DISTRICT
It is further agreed that the 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.
16. GOVERNMENT COSTS
It is further agreed that the 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.
17. PACIFIC GAS AND ELECTRIC/PACIFIC BELL
It is further agreed that the DEVELOPEF: shall pay to Pacific Gas and Electric Company
and/or to Pacific Bell Company, 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 or Pacific Gas and Electric Company
and/or Pacific Bell Company that said fees are due and payable.
18. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of--way necessary for completion of the
Project shall be acquired by the DEVELOPER at his own cost and expense.
It is provided, however, that in the event eminent domain proceedings are required, the
CITY for the purpose of securing said easement and right-of--way, that the 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 sure, shall be a reasonable allowance for severance
damages, if any. It is further provided that in addition thereto, such sums as xnay be required
for legal fees and costs, engineering, and other incidental costs in such reasonable amounts
as the CITY inay require shall be deposited with the City of Cupertino.
19. HOLD HARMLESS
It is further agreed that, coxrunencing with the performance of the Worlc by the
DEVELOPER or his contractor and continuing until the completion of the maintenance of
the Work, the DEVELOPER shall indem.lify, hold harmless and defend the CITY from and
against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or
in any way whatsoever arising out of the performance or nonperformance of the Work or the
Page 8 of 10
negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents,
employees and independent contractors, except tot eh 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.
20. INSURANCE
It is fiu-ther agreed that: The DEVELOPER shall take out, or shall require any contractor
engaged to perform the Worlc to take out, and maintain at all times during the performance
and maintenance of the Work called for or required to be done hereunder, 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 insured. Said separate policy shall provide bodily injury
and property damage coverage to the foregoing named CITY and individuals covering all
the Worlc 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 provide proof of their ratings. All ratings shall be a minmum of
"Best A-7" in accordance with ABAG policies.
A. Each of said policies of insurance shall provide coverage in the following minimum
amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property
damage, $50,000 on account of any one occurrence with an aggregate limit of not less than
$200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to the time of
execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing
policy or policies of insurance as shall ~~e satisfactory to said City Engineer. Each such
policy or policies shall bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least ten (10) days advance notice thereof. The
CITY shall be shown as additionally in~.ured on a separate "Additional Insured Owners,
Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the
evidence of said foregoing policy or policies of insurance.
C. In the event that the Project covered herein should be mutually situated in or affect
the area of jurisdiction of a separate municipality or political subdivision of the State of
California, the policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth herein and above for the
protection of the CITY shall equally apply to municipality and political subdivision.
Page 9 of 10
21. MAPS AND/OR IMPROVEMENT PLAN~i
It is further agreed that the CITY shall obtain the following map and/or plans at the
DEVELOPER'S expense:
A. A mylar blacldine and ten (10) prints of fully executed improvement plans.
B. A scan in CAD format of all executed improvement plans and map.
The DEVELOPERS agree to pay the CIT'E' from the development maintenance deposit the
cost for all prints of plans and map required under Item 20.
22. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and
transferees of the DEVELOPERS. The assignment of this AGREEMENT shall not be made
without approval by the City Council of thy; City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor
and City Cleric, thereunto duly authorized by resolution of the City Council and said DEVELOPER
has hereunto caused their name to be affixed the day and year first above written.
CITY OF CUPERTINO:
Mayor
City Clerk
ELOPER:
ennis Ger e
Centex Homes
Director of Land Development
Northern California Division
Notary Aclc~lowledgement Required
Exhibit A Attached
Page 10 of 10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGP/IENT
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On June 14. 2004 before rne, Jackie A. Nelson. Notary Public
personally appeared Dennis G. Gerber ,personally known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her authorized capacity, and that by her signature on
the instrument the person, or the entity upon the behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal
~''~ 4i, `--it--~-e-
~I NATURE OF NOTARY PUBLIC
ckie A. Nelson
My Commission Expires April 22, 2006
JACKIE A. NELSON
V COMM # 1352880
NOTARY FUBLIC-CALlF03tNU
COMRA COSrA CC-UNrY A
~ coN+~c. FxP. APRII. zZ, zoos
OPl'IONAL
Though law does not require the data below, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
Individual
_ Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Title(s)
Murano Homes Agreement
Title or Type of Document
Number of Pages
Signer is representing:
Name of Person or Entity (ies)
10
Date of Document
Centex Homes -Northern CA Division
Signer(s) other than named above
2527 Camino Ramon, Suite 100
San Ramon, CA 94583
Signer(s) other than named above