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10-022 Stormwater Management Facilities Operation and Maintenance Agreement, 19333 Vallco Parkway, APN 316-20-075 and 316-20-076 RECORDING REQUESTED BY: DOCUMENT: 20639932 Pages: 13 City of Cupertino 11 I 011111111111111 I I I %r ... No Fees .. WH EN RECORDED, MAIL TO: I i s. i I Copies . . City Clerk's Office AMT PA 1 D City of Cupertino REGINA ALCOMENDRAS RDE # 011 10300 Torre Avenue SANTA CLARA COUNTY RECORDER 3/15/2010 Cupertino, CA 95014 -3255 Recorded at the request of 10 14 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT Apple, Inc. 19333 Vallco Parkway APN(s) 316 -20 -075 AND 316 -20 -076 S1; Original l For Fast Endorsement 10300 Torre Avenue Cupertino, CA 95014 RESOLUTION NO. 10 -024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, APPLE INC., 19333 VALLCO PARKWAY, APN(S) 316 -20 -075 AND 316 -20 -076 WHEREAS, there has been presented to the City Council a proposed stormwater management facilities operation and maintenance agreement between the City of Cupertino and owner, Apple Inc., 19333 Vallco Parkway, APN(s) 316 -20 -075 and 316- 20 -076, as described in Exhibit "A ", and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a spec meeting of the City Council of the City of Cupertino this 2nd day of February, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: i „gel City Clerk / .'ayor, City of pertino RECORDING REQUESTED BY AND WHEN RECORDED PLEASE RETURN TO: Apple Inc. 1 Infinite Loop, MS 4 -LAW Cupertino, CA 95014 Attn: Real Estate Counsel SPACE ABOVE FOR RECORDING'S USE ONLY STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT County Assessor's Parcels:: 316 -20 -075 and 316 -20 -076 THIS STORMWATER MANAGEMENT FAC [LITIES OPERATION AND MAI] .TFN4NCE AGREEMENT ( "AGREEMENT ") is made ar..d entered into this Il ay of _ .RPlign 1710 by Apple Inc, a California corporation (hereinafter referred to as "COVENANTOR ") and the City of Cupertino ( "CITY "). RECITALS: This AGREEMENT is made and entered into with reference to the following facts: A. The CITY is authorized and required to regulate and control the disposition of storm and surface waters as set forth in the CITY's Stormwater Pollution Prevention and Watercourse Protection Ordinance, effective October 15, 2003 (the "ORDINANCE "). B. The COVENANTOR is the owner of a certain tract or parcel of land more particularly described in Exhibit "A" attached hereto (the "PROPERTY "). C. The COVENANTOR desires to construct certain improvements on the PROPERTY that may alter existing stormwater conditions on both the PROPERTY and adjacent lands. D. To minimize adverse impacts due to these anticipated changes in existing storm and surface water flow conditions, the COVENANTOR is required by the CITY to build and maintain, at COVENANT OR's expense, stormwater management facilities ( "FACILITIES "), more particularly described and shown in the Stormwater Management Plan prepared by Kier & Wright Civil Engineers & Surveyors, Inc. and dated September 18, 2009, which plans and any amendments thereto, are on file with the Public Works Department of the City of Cupertino, California, and are hereby incorporated by reference. E. The CITY has reviewed and approved the Storm Water Management Plan subject to the execution of this AGREEMENT. NOW, THEREFORE, in consideration of the benefit received and to be received by the COVENANTOR, its successors and assigns, as a result of the CITY'S approval of the Stormwater Management Plan, the COVENANTOR, hereby covenants and agrees with the CITY as follows: 1. Covenants Running With the Land; Property Subject to Agreement: All of the real property described in Exhibit "A" shall be subject to this AGREEMENT. It is intended and determined that the provisions of this AGREEMENT shall run with the land and shall be bindi rig on all parties having or acquiring any right, title or interest in the real property described in Exhibit "A" ( "PROPERTY ") or any portion thereof and shall be for the benefit of each owner of any of said parcels or any portion of said property and shall inure to the benefit of and be binding upon each successor in interest of the owners thereof. Each and all of the limitations, easements, obligations, 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 property subject to this AGREEMENT against any other Owner, tenant or occupant of the said property, or any portion thereof. 2. Responsibility for Installation, Operation and Maintenance: At their sole expense, the COVENANTOR, its successors and assigns, shall construct, operate and perpetually maintain the FACILITIES in strict accordance with the Stormwater Managemet Plan and any amendments thereto that have been approved by the CITY or the ORDINANCE. 3. Facility Modifications: At their sole expense, the COVENANTOR, its successors and assigns, shall make such changes or modifications to the FACILITIES as may be determined as reasonably necessary by the CITY to ensure that the FACILITIES are properly maintained and continue to operate as originally designed and approved. Any changes or modifications may be made only with prior written authorization by the CITY. 4. Facility Inspections by the CITY: At reasonable times and in a reasonable manner as provided in the ORDINANCE and the Stormwater Facilities Easement Agreement applicable to the FACILITIES, the CITY , its agents, employees and contractors, shall nave the right of ingress and egress to the FACILITIES and the right to inspect the FACILITIES in order to ensure that the FACILITIES are being properly maintained, are continuing to perform in an adequate manner and are in compliance with the ORDINANCE, the Stormwater Management Plan and any amendments thereto approved by the City. 5. Failure to Perform Required Facility Repairs or Modifications: Should either the COVENANTOR or its successors and assigns fail to correct any defects in the FACILITIES in accordance with the approved design standards and /or the Stormwater Management Plan and in accordance with the law and applicable regulations of the ORDINANCE within the time specified in a written notice from the CITY, the CITY shall have the right, under the Stormwater Management Easement Agreement for the subject property, to enter the PROPERTY to perform remedial work, for which the CITY will collect reimbursement for such work from COVENANTOR. In addition, the CITY may pursue other such remedies as provided by law, including, but not limited to, such civil and criminal remedies set forth in Sections 9.18.190, 9.18.230 and 9.18.250 of the ORDINANCE. 6. Indemnity: The COVENANTOR, its successors and assigns, 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 COVENANTOR'S, its successors' and /or assigns' construction, operation or maintenance of the FACILITIES except to the extent that such claims, liabilities, actions, causes of action, and damages arise out of or related to the CITY's negligence and /or intentional conduct or the negligence or intentional acts of any of the CITY'S employees, agents, representatives, contractors, vendors, or consultants. 7. Obligations and Responsibilities of COVENANTOR: Initially, the COVENANTOR is solely responsible for the performance of the obligations required hereunder and, to the extent permitted under applicable law, the payment of any and all fees, fines, and penalties associated with such performance or failure to perform under this AGREEMENT. Notwithstanding any provisions of this AGREEMENT to the contrary, upon the recordation of a deed or other instrument of sale, transfer or other conveyance of fee simple title to the Property or any portion thereof (a "Transfer ") to a third party (the "Transferee "), the COVENANTOR shall be released of all of its obligations and the extent such obligations and responsibilities are applicable to that portion of the PROPERTY included in such Transfer, laut such release shall be expressly conditioned upon the Transferee assuming such obligations and responsibilities by recorded written agreement for the benefit of the CITY. Such written agreement may be included in the Transfer deed or instrument, provided that the Transferee joins in the execution of such deed or instrument. A certified copy of such deed, instrument or agreement shall be provided to the CITY. The provisions of the preceding three sentences shall be applicable to the original COVENANTOR and any successor Transferee who has assumed the obligations and responsibilities of the COVENANTOR under this AGREEMENT as provided above. COVENANTOR shall disclose to any prospective Transferee that the obligations of this AGREEMENT run with the land, as expressed in Section 1, above, and devolve upon Transferee automatically upon Transfer. CONVENATOR shall inform the CITY when any such Transfer takes place and identify the Transferee. 8. Property Transfer: Nothing herein shall be construed to prohibit a transfer by the COVENANTOR to subsequent owners and assigns. 9. Attorneys' 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 action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. 10. Further Documents: The parties covenant and agree that they shall execute such further documents and instructions as shall be necessary to fully effectuate the terms and provisions of this AGREEMENT. 11. Entire Agreement: This AGREEMENT constitutes the entire agreement of the parties with respect to the subjec: matter contained herein and supersedes all prior agreements, whether written or oral. There are no representations, agreements, arrangements, or undertakings, oral or written that are not fully expresses herein. 12. Severability: In the event any part or provision of this AGREEMENT shall be determined to be invalid or uner..forceable under the laws of the State of California, the remaining portions of this AGREEMENT that can be separated for the invalid, unenforceable provisions shall, nevertheless, continue in full force and effect. 13. 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. 14. Amendment: This AGREEMENT may be amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in Santa Clara County, California. In the even 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. 15. In the event that the CITY shall determine at its sole discretion at any future time that the FACILITIES are no longer required, then at the written request of the COVENANTOR, its successors and /or assigns, the city shall execute a release of this AGREEMENT which the COVENANTOR, it successors and /or assigns, shall record in the Clerk's Office, at its /their expense. Executed the day ..- • y- .r first above written. Apple - .. .1i f j 1. orporation (COVENANTOR) By: N - l2ar -3 4th -►'f Title: cT f n (Notary acknowledgment to be attached) CITY OF CUPERTINO (CITY) By: Name: Title: EXiIIB1T "A" REAL PROPERTY DESCRIPTION Real property in the City of Cupertino, Coun :y of Santa Clara, State of California, described as follows: PARCEL A: ALL OF PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED TN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA., STATE OF CALIFORNIA ON MARCH 26, 1979, IN BOOK 438 OF MAPS, PAGES 12 AND 13, AND A CERTIFICATE OF CORRECTION, RECORDED JUNE 15, 1 979 IN BOOK E572, PAGE 331 OF OFFICIAL RECORDS. PARCEL B: ALL OF PARCEL 2, AS SHOWN ON THA CERTAIN PARCEL MAP FILED IN '[HE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 26, 1979, IN BOOK 438 OF MAPS, PAGES 12 AND 13, AND A CERTIFICATE OF CORRECTION, RECORDED JUNE 12, 1979 IN BOOK £572, PAGE 331 OF OFFICIAL RECORDS. APN: 316-20-075 and 316 -20 -076 I 1 CURVE TABLE: (SHEET 1 ONLY) CURVE RADIUS DELTA LENGTH Cl 705.00' 05 °40'31" 69.83' C2 705.00' 19 °13'48" 236.62' © < ABBREVIATIONS ���© \\ T.P.O.B. P.O.B. POINT OF BEGINNING AREA 4 \\ T.P.O.B. TRUE POINT OF BEGINNING q `�� AREA 4 2,780 ± Sq.Ft. ° O , � y�1 SEE SHEET 2 7 \ \ , PARCEL 1 ›'' itC (438 M 12 -13) AREA 3 c 6,415 ± Sq.Ft. W SEE SHEET 2 L7 V \ I w H \� VN AREA 3 W w CA T. P.O.B. 04 LA \\ p' 0 1 O - )' AREA 2 AREA 2 �'C �� P.O.B. 'LSO ' 1 SEE SHEET 2Ft. W e 1.2 LJ 0 T. P.O. B. 6 n AREA 1 ti ,..0 i AREA 1 PARCEL 2 L ' 2,434 ± Sq.Ft. (438 M 12 - 13) SEE SHEET 2 , I I LINE TABLE: (SHEET 1 ONLY) � LINE BEARING DISTANCE U L1 N 23 °49'05" E 16.04' L7 N 25 �� L AND S , 28 49 E 78.9 L2 N 20°15'59" E 131.50' L8 N 01 °05'14" W 81.00' cD M • 4 4> i> L3 N 88°54'21" E 2.20' Lc) N 88 °54'46" E 52.00' -' � -57,/_ y � / -51 °� L4 N01 °06'14 "W 55.24' L10 N01 °05'14 "W 76.61' I •e' < L5 S 88 °53'46" W 33.17' L11 S 88 °54'46" W 80.00' EXP. 12 -31 -10 r \ ,,,, I ,...__ _6 N 01°06'14" W 112.13' L12 N 88 °54'00" E 45.50' * / `Z`/ j > 4/0 No • 81 '� o`' r DATE 1 PLAT TO ACCOMPANY LEGAL DESCRIPTION DEC. 2009 FOR: SWALE EASEMENT SCALE 1" - 50' CUPERTINO CALIFORNIA DR BY SB W KIER & WRIGHT JOB A09020 EXHIBIT "B" CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408) 727 6665 USERmmoya I \PROJECTS \A09020 \DWG \SURVEY \PLATS \Swale Easement \C- PLAidwg DECEMBER 24, 2009 8:49 AM Santa Clara, California 95054 fax (408) 727 5641 4 O F 5 % 1 1 p �;; V P� LINE TABLE: (SHEET 2 ONLY) ' \\ � N 09 °20'46" W (R) 0,� LINE BEARING DISTANCE `\ S � r ` o L1 N 14 °44'12" E 17.00' \\ L2 S 751 5'48" E 30.00' \ 1 L3 S 32 °56'11" W 17.00' T.P.O.B. \ I L4 N 75 °1 5'48" W 27.28' AREA 2 > \ - - ^I r«,) L5 N01 °00'25 "W 32.35' \ \ r9� M_ `^ L6 S 32 °58'43" W 32.53' 4 \ \ f �I I _ r L7 N 01°06'00" W 60.70' \ �', � �'� L8 S 57°04'11" E 43.46' � � \ ` � 3I ILL, L9 N 32 °55'49" E 15.94' �- \ 1 A-1 L10 S 31°04'24" W 13.68' I I r L11 N 01 °06'00" W 12.77' I I 5 o o L12 N 57 °04'11" W 30.17' N S 6 ° � 6, I I I I L13 S 01 °06'00" E 15.65' 44 si t (R) I >" ZLL3J `" L14 S 01 °05'14" E 14.00' L6 .J AREA 1 AREA 2 2,434 ± Sq.Ft. 3,933 ± Sq.Ft. SCALE: 1" = 50' SCALE: 1" = 50' , JI ' - \\ d \ ', [- \\ T. P.O. B. \ �- � � L AND �\ I \ AREA 4 (c, S \ \ \ s \ I / T _ P- M • q,� GF �o c ��, T. P.O.B. -IT-) v• AREA 3 � �° 9 �° ° oN I r 2d, \Q �'r ��� Q J' N ( o o EXP. 12 -31 -10 N 1 1 °59'49" E (R) IF � \ �. /L ZY - O� >, q F N0 . 81� o �� \ T OF C A� \ � I `1 ' \ S ` \ s L„ •6 AREA 3 ° -‘ I N AREA 4 \ �- \ 3,, SCALE: 1' I 6,415 ± Sq.Ft. 50' = I 2,780 ± Sq.Ft. \ N , N 20 °30'58" E (R) \ SCALE: 1" = 50' J L10 \1 S DATE PLAT TO ACCOMPANY LEGAL DESCRIPTION DEC. 2009 FOR: SWALE EASEMENT SCALE 1" = 50' CUPERTINO CALIFORNIA DR BY SB ?KIER&WRIGHT SOB A09020 EXHIBIT "B" CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408) 727 6665 s USER romaya I.APROJECTS \A09020 \DWG \SURVEY \ PLATS \Swale Easement \C- PLATEwg DECEMBER 24, 2009 8 :49 AIM Santa Clara, California 95054 fax (408) 727 5641 5 OF 5 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT fi State of California ., fi before me, County of '� c ��— fi �/� fi On 1� /7 �0/L� �YeGfhi�G�. /v1�4�S, a Date Here Insert ame and Title of the ffice fi personally appeared S� /e7 ;v- // b, 's& `use / Name(s) of Signer(s) fi fi fi who proved to me on the basis of satisfactory fi evidence to be the person(s) whose name(s) is /are fi subscribed to the within instrument and acknowledged fi to me that he /she /they executed the same in fi fi his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the fi person(s), or the entity upon behalf of which the fi person(s) acted, executed the instrument. fi I!. TAS fi r ►' Comm • 1068519 I certify under PENALTY OF PERJURY under the fi 2z ' .� ' Notary Public - California laws of the State of California that the foregoing 6' `' "i Santa Clara Count paragraph is true and correct. fi Comm. Oct 17 2013 fi WITNESS my h and official seal. fi fi Signature: V/4,9 fi Place Notary Seal and / or Stamp Above Signature Notary Public Al fi OPTIONAL fi Though the information below is not required by law, it may prove valuable to persons relying on the document fi and could prevent fraudulent removal and reattachment of this form to another document. < Description of Attached Document fi Title or Type of Document: fi fi Document Date: Number of Pages: fi Signer(s) Other Than Named Above: _ fi Capacity(ies) Claimed by Signer(s) fi ' Si ners Name: fi g _ Signer's Name: fi ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): j�I fi ❑ Individual RIGHT THUMBPRINT OF SIGNER Individual RIGHT THUMBPRINT OF SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here fi ❑ Attorney in Fact 0 Attorney in Fact fi ❑ Trustee ❑ Trustee fi ❑ Guardian or Conservator ❑ Guardian or Conservator fi Other: fi El ❑Other: • fi Signer Is Representing: fi g Signer Is Representing: fi ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder Call Toll -Free 1- 800 - 876 -6827 “NO FEE” City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. This is to certify that the maintenance agreement with Apple, Inc. and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on February 17`" 2010, and the grantee consents to recordation thereof by its duly authorized officer. Dated: March 10, 2010 ak By: w, e 10300 Torre Avenue Cupertino, CA 95014 ,aco°® CERTIFICATE OF LIA131LITY INSURANCE DATE /YYYY) III CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,.AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH RISK&INSURANCE SERVICES NAME: 345 CALIFORNIA STREET,SUITE 1300 _(A&.N A/C No: CALIFORNIA LICENSE NO.0437153 E-MAIL SAN FRANCISCO,CA 94104 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# 00000-STND-GAWU-13-14 INSURER A:ACE American Insurance Company 22667 INSURED APPLE INC. INSURER B: Safety National Casualty Corp. 15105 ONE INFINITE LOOP,MS 40-RM INSURER C: N/A N/A CUPERTINO,CA 95014-2084 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: _ SEA-002354830-02 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER _ MWDDNYYY MWDD/YY:YY A GENERAL LIABILITY XSLG25840240 10/01/2013 10/01/2014 EACH OCCURRENCE $ 1,500;000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 1,500,000. CLAIMS-MADE M OCCUR MED EXP(Any one person) $ N/A PERSONAL R ADV INJURY $ 1,500,000 X SIR Value: $1,000,000 GENERAL AGGREGATE $ 5,000,000. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 9,000,000 X I POLICY jEC'� LOC _ $ B AUTOMOBILE LIABILITY CAS4042773 10101/2013 1010112014 COMBINED'SINGLE LIMIT 2,000,000 - X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS paraccident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DIED RETENTION$ _ $ B WORKERS COMPENSATION LDC4047106(AOS) 10/0112013 10101/2014 X I WC STATU- I OTH- AND EMPLOYERS'LIABILITY B YIN PS4047107(WI) 10/01/2D13 10/0112014 2,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑N N/A (Mandatory in NH) E.L.DISEASE.-EA EMPLOYEE $ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) REGARDING CITY OF CUPERTINO ENCROACHMENT PERMIT#5940(BUBB ROAD PRIVATE FIBER OPTIC NETWORK). CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. GENERAL LIABILITY INCLUDES A WAIVER OF SUBROGATION WHERE REQUIRED BY WRITTEN CONTRACT AND ALLOWED BY LAW. CERTIFICATE HOLDER CANCELLATION CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:CITY CLERK THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 TORRE AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. CUPERTINO,CA 95014-3202 AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services Chris D Ambra C ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AC" 0 912 61/2 0 1 CERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) 2013 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms,and conditions of the policy,certain policies may require do endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH RISK&INSURANCE SERVICES NAME: 345 CALIFORNIA STREET,SUITE 1300 eHONE FAX I i . CALIFORNIA LICENSE NO.0437153 E-MAIL SAN FRANCISCO,CA 94104 ADDRESS: _ INSURER(S).AFFORDING COVERAGE NAIC If 00000-STND-GAWU-13-14 INSURER A:ACE American Insurance Company 22667 INSURED APPLE INC. -INSURER"B: Safety National Casualty Corp. 15105 — ONE INFINITE LOOP,MS 40-RM _INSURER C: N/A N/A CUPERTINO,CA 95014-2084 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-002311727-07 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF: ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS', EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE 13EEN REDUCED BY PAIDCLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER _ MWDD/YYYY MWDDNYYY A GENERAL LIABILITY XSLG25840240 10/01/2013 1010112014 EACH OCCURRENCE $ 1,500,000 X DAMAGE TO RENTED 1,500,000 COMMERCIAL GENERALLIABILITY PREMISES Ea occurrence $ CLAIMS-MADE M OCCUR MED EXP(Any one person) $ N/A PERSONAL&ADV INJURY $ 1,500,000 X SIR Value: $1,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 9,000,000 X I POLICY r PRO LOC _ $ B AUTOMOBILE LIABILITY CAS4042773 1010112013 10/01/2014 COMBINED SINGLE LIMIT 2.000,000. - - -- - (Ea.accident) - - X ANY AUTO BODILY INJURY(Per person) -$ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ _ $ B WORKERS COMPENSATION LDC4047106(AOS) 10/01/2013 10/01/2014 X I WC STATU- I OTH- AND EMPLOYERS'LIABILITY E— TORY LIMIIS B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N PS4047107(WI) 10/01/2013 10/01/2014 E.L.EACH.ACCIDENT $ 2'000'000 OFFICER/MEMBER EXCLUDED? 5_1 NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF'OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) REGARDING TANTAU FORGE FIBER OPTIC. THE CITY OF CUPERTINO,ITS DULY ELECTED OR APPOINTED COUNCIL MEMBERS;COMMISSIONERS,OFFICERS,AGENTS,EMPLOYEES AND VOLUNTEERS;INDIVIDUALLY OR COLLECTIVELY ARE NAMED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY TO THE EXTENT REQUIRED BY WRITTEN CONTRACT, POLICIES INCLUDE A WAIVER OF SUBROGATION WHERE REQUIRED BY WRITTEN CONTRACT AND ALLOWED BY LAW. CERTIFICATE HOLDER CANCELLATION CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:CITY CLERK THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 TORRE AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. CUPERTINO,CA 95014-3202 AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services Chris D Ambra ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Ac=o CERTIFICATE OF LIA1_31LITY INSURANCE DATE YYY' 09/26/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH RISK&INSURANCE SERVICES NAME: 345 CALIFORNIA STREET,SUITE 1300 PHONE a/c No), CALIFORNIA LICENSE NO.0437153 E-MAIL SAN FRANCISCO,CA 94104 _ADDRE S: _ INSURERS AFFORDING COVERAGE NAIC# 00000-STND-GAWU-13-14 INSURER A: ACE American Insurance Company 22667 INSURED APPLE INC. INSURER B: Safety National Casualty Corp. 15105 ONE INFINITE LOOP,MS 40-RM INSURER C:,NIA N/A CUPERTINO,CA 95014-2084 INSURER D: • INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: _ SEA-002311648-08 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE,INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR SUER POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS LTR _ A GENERAL LIABILITY XSLG25840240 10/01/2013 10/01/2014 EACH OCCURRENCE $ 1,500,000 X DAMAGE TO RENTED 1,500,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE r-XI OCCUR MEDEXP(Any one person). $ N/A PERSONAL&ADV INJURY $ 1,500;000 X SIR Value: $1,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 9,000,000 X POLICY F1 PRO- LOC _ $ B AUTOMOBILE LIABILITY CAS4042773 10/01/2013 10101/2014 COMBINED SINGLE LIMIT 2,000,000 Ea caident $ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ F $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HLAIMS-MADE AGGREGATE $ DED RETENTION$ _ $ B WORKERS COMPENSATION LDC4047106(AOS) 10/01/2013 10101/2014 X I WCSTATU- OTH- AND EMPLOYERS'LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N PS4047107(WI) 10/01/2013 10/01/2014 E.L..EACH ACCIDENT $ 2,000,000 OFFICER/MEMBEREXCLUDED? a N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 Ryyes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) REGARDING ENCROACHMENT PERMIT#5786 FOR NEW APPLE COMPUTER FIBER OPTIC CONDUITS STEVENS CREEK BLVD.AND TORRE AVE-PHASE 1. THE CITY OF CUPERTINO,ITS DULY ELECTED OR APPOINTED COUNCIL MEMBERS,COMMISSIONERS-OFFICERS,AGENTS,EMPLOYEE'S AND VOLUNTEERS,INDIVIDUALLY OR COLLECTIVELY ARE NAMED AS ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY TO THE.EXTENT REQUIRED BY WRITTEN CONTRACT. POLICIES INCLUDE A WAIVER OF SUBROGATION WHERE REQUIRED BY WRITTEN.CONTRACT AND ALLOWED BY LAW. CERTIFICATE HOLDER CANCELLATION CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:CITY CLERK THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 TORRE AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. CUPERTINO,CA 95014-3202 AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services Chris D Ambra ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are•registered marks of ACORD