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13-202 Installation Agreement 22345 McClellan Rd. APN 375-05-005 Hong Liang Luo DOCUMENT: 22881976 Pages: 3 Fees. . . . * No Fees RECORDING REQUESTED BY: Taxes. . . Copies. City of Cupertino AMT PA I D REGINA ALCOMENDRAS RDE # 001 WHEN RECORDED,MAIL TO: SANTA CLARA COUNTY RECORDER 3/12/2015 Recorded at the request of 2:51 PM City Clerk's Office City City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 Certificate of Completion and Notice of Acceptance of Completion HONG LIANG LUO 22345 MCCELLAN ROAD, APN 375-05-005 Original ® For Fast Endorsement City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 (408)777-3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, Timm Borden, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that certain municipal improvements in conjunction with the following project: BONG LIANG LUO 22345 MCCLELLAN ROAD,APN 375-05-005 have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the Public Works Department on February 4, 2015. Director of Public Works and City Engineer of the City of Cupertino Date: February 23, 2015 1 „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 development agreement HONG LIANG LUO 22345 MCCELLAN ROAD, APN 375-05-005 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on February 4, 2015, and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: February 25, 2015 By: L%'��G Andrea Sand rs Senior Office ssistant, City Clerk RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -32'55 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 DOCUMENT: 22478549 Pages: 18 Fees. No Fees Copies. - AMT PAID REGINA ALCOMENDRAS RDE # 009 SANTA CLARA COUNTY RECORDER 12/23/2013 Recorded at the request of 10 :48 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) INSTALLATION AGREEMENT 22345 McClellan Road, Cupertino, CA 95014 APN 375 -05 -005 Hong Liang Luo, Developer O Original O For Fast Endorsement /3 ZOz- City of CLIpertino INSTALLATION AGREEMENT (Cupertino Municipal Code Chapter 14.04) 22345 McClellan Road, Cupertino, CA APN: 375 -05 -005 This INSTALLATION AGREEMENT ( "Agreement ") is made and entered into this _f day of 20J3, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, ( "CITY "), and Hong Liang Luo ( "DEVELOPER "). RECITALS 1. DEVELOPER has presented to the City an application for a development entitlement consisting of sidewalk, curb, gutter, driveway approach and pavement construction, pole relocation, street tree planting, and other auxiliaD improvements (the "Development Entitlement ") located at 22345 McClellan Road, Cupertino CA (the "Property "). 2. Chapter 14.04 of the Cupertino Municipal Code ("CIVIC") requires, as a condition precedent to the erection, construction, addition, alteration or repair of any building or structure in certain designated areas of the City with unimproved streets and for which a building permit is required by the City, installation of certain types of public improvements and /or dedication where deemed necessary by the City Engineer. 3. In consideration of City's approval of the Development Entitlement and pursuant to the requirements of CIVIC Chapter 14.04, Developer desires to enter into this Agreement promising to install and complete, at Developer's sole expense, all public improvement work required by the City for the proposed development. 4. Developer has prepared and City has approved plans and related specifications (the "Improvement Plans ") for construction, installation and completion of improvements. The Improvement Plans titled New Residence 22345 McClellan Road, prepared by WEC and Associates and dated November 12, 2013, are hereby incorporated into this Agreement by reference. NOW, THEREFORE, in consideration of the approval by City of the Development Entitlement, City and Developer agree as follows: 1. DEVELOPER'S OBLIGATION TO INSTALL IMPROVEMENTS a. Completion of Improvements. Developer, at its own expense, shall furnish, install, and construct all improvements required by the City Engineer pursuant to Chapter 14.04 of the Page 1 of 12 Cupertino Municipal Code, or as amended, in a good and workmanlike manner and as shown on the Improvement Plans as approved by the City Engineer of Cupertino and in accordance with existing ordinances and resolutions of the CITY and other applicable laws. The decision of the City Engineer shall be final as to whether any material or workmanship meets the plans, specifications, and standards as set forth. b. Compliance with applicable laws and rules. Developer shall complete the Work in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY, and /or the Cupertino Sanitary District, the specifications of the CITY and /or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. c. Repair and replacement of damaged public facilities. Developer shall, at its own expense, repair or replace all public improvements, public utility facilities, surveying monuments and other public facilities that are destroyed or damaged as a result of any work under this agreement. Developer shall promptly notify the City Engineer of such damage and shall obtain the City Engineer's approval of all repair and replacement of damaged facilities. d. Developer's responsibility until City's acceptance. Until City accepts the Improvements, Developer shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to the improvements. City shall not have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by City. City's acceptance of the Improvements shall not constitute a waiver of any defects in the Improvements or Developer's obligation to repair such defects as provided in section 10 of this Agreement. 2. TIME FOR INSTALLATION OF IMPROVEMENTS (check one- deferred agreements permitted only at discretion of the City engineer- CIVIC 14.04.080) Required time of completion. DEVELOPER shall install and complete the Improvements within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the' DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed, such as sidewalks, handicap ramps, street lights, etc. Page 2 of 12 ❑ Deferred Agreement. Developer agrees to install and complete the Improvements within one (1) year from the date of written notice from City, or fifteen (15) years from execution of this agreement, whichever occurs sooner. Developer agrees that this obligation shall be a covenant that runs with the land and shall record in the office of the Santa Clara County Recorder, concurrent with execution of this agreement, a covenant in a form acceptable to the City that binds future property owners. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed, such as sidewalks, handicap ramps, street lights, etc. 4. DEDICATION OF EASEMENTS OR RIGHTS OF WAY (check one) ❑ No dedication required. The DEVELOPER offers to dedicate the real property shown on Exhibit "A ", which is attached hereto and made a part hereof by reference (the "Dedicated Property "). Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. The Dedicated Property shall be free and clear of all liens or encumbrances except those which the CITY agrees to waive in writing. Developer agrees not to revoke this offer of dedication, and to keep said offer open until the CITY accepts offer. Upon execution of this Agreement, Developer agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A ", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City at the time of acceptance of dedication and recordation of deed, (1) a preliminary title report issued by a title insurance company relating to the property offered for dedication, and (2) a standard policy of title insurance issued by a title insurance company and insuring the CITY, showing that the Dedicated Property is free and clear of all liens or encumbrances except any that the City expressly agreed to waive. S. QUITCLAIM DEED DEVELOPER, when requested by the CITY, shall quitclaim all his /her rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project. DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him /her for signature. 6. SECURITY Page 3 of 12 a. Required Security. Prior to execution of this Agreement, Developer shall provide the following security to City in a form acceptable to the City: (1) Faithful performance. Security for faithful performance in the amount set forth Part A of the SCHEDULE OF BONDS, FEES AND DEPOSITS. (2) Labor and Materials. Security for labor and materials in a penal sum as set forth Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS. b. Form of Security. Developer shall provide as security, bonds executed by a surety company authorized to transact a surety business in the State of California and approved by the City as to sufficiency. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do so. In lieu of a surety bond, the DEVELOPER may elect: to secure this AGREEMENT by depositing with the CITY (1) Cash; (2) A cashier's check, or a certified check payable to the order of the City of Cupertino; or (3) A certificate of deposit; or instrument of credit acceptable to the City and meeting the requirements of Government Code Section 66499 (b) or (c). The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a faithful performance surety bond. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. c. Release of Security. No release of surety bond, cash deposit, check or certificate of deposit shall be made except upon approval of the Director of Public Works. Schedule for bond and insurance release for paper bonds are as follows: (1) Release of 90 percent of the faithful performance bond upon acceptance by the Director of Public Works. (2) Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. (3) Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. (4) Liability insurance, provided by the DEVELOPER to hold the CITY harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 7. PAYMENT OF REQUIRED FEES a. Permits and licenses. Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and Page 4 of 12 pay all fees required by City ordinance, including but not limited to the fees described in this Agreement, and all taxes required by law. b. Fees. Developer shall pay fees in the amounts set forth in Exhibit D, including but not limited to the following, as required: (1) Inspection Fees. DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT. Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. (2) Storm Drainage Fee. DEVELOPER shall dE!posit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977. (3) Map Checking Fee. DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY. (4) Park Fee. DEVELOPER shall pay such fees and /or dedicate such land to the CITY, prior to execution of this AGREEMENT, as is required within Section 18- 1.602, Park Land Dedication, Cupertino Municipal Code. Park fees are calculated in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18 -1.602 of the Cupertino Municipal Code. (5) Reimbursement Fee. DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a reimbursement fee for any street improvements that have been installed by the City, or by another property owner.. Developer shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City or another property owner, installed on the street abutting or included in the benefited property, in an amount equal to the total improvement costs for each particular benefited property as set forth in a reimbursement agreement. Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: (i) Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvements reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. (ii) Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. Page 5 of 12 (iii) Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicatE!d to the City land necessary for the street improvements, or where no such dedication is necessary. 8. DEVELOPMENT MAINTENANCE DEPOSIT DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth in Exhibit D as a development maintenance deposi-c. City may use the deposit at its discretion to correct deficiencies and conditions caused by the DEVELOPER or his /her contractor that may arise during or after the construction of the development, and to obtain copies of approved plans for the CITY's files. If the costs exceed the amount deposited, DEVELOPER shall pay actual overage prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at the time all bonds are released in accordance with paragraph 6 of this agreement. 9. STREET TREE INSTALLATION DEVELOPER shall fund the City for purchase and planting of street trees as deemed appropriate by the City Engineer; or shall, at the discretion and at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. The variety, number and location of trees are subject to City's prior approval. 10. MAINTENANCE AND WARRANTY a. Developer guarantees and warrants the Improvements and agrees to remedy any defects, damages, or imperfections in the Improvements arising from faulty or defective materials or construction of the Improvements for a period of one year after City's acceptance of the Improvements. b. If, within the warranty period, the Improvements or any part of the Improvements fail to fulfill any of the requirements of this Agreement or the Improvement plans and specifications, Developer shall repair, replace or reconstruct any defective or otherwise unsatisfactory parts of the Improvements without delay and at no cost to City. If (a) Developer fails to commence repairs within thirty (30) days of the date of mailed writ.en notice from City, or (b) City determines that public safety requires repair before Developer can be notified, City may, at its sole option, perform the required repair itself. Developer agrees to pay the cost of any repairs City performs pursuant to this agreement and City may, at its option, recover that cost as a lien against Developer's property. 11. SANITARY DISTRICT DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to serve all lots within said Project. Page 6 of 12 12. GOVERNMENT COSTS DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, substantial evidence that all. provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 13. UTILITIES DEVELOPER shall pay to Pacific Gas and Electric Company, AT &T, and /or appropriate utility companies, any and all fees required for installation of overhead and /or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer, Pacific Gas and Electric Company, AT &T, or appropriate utility companies that said fees are due and payable. 14. EASEMENTS AND RIGHT -OF -WAY Developer shall acquire any easement and right -of -way necessary for completion of the Project at its own cost and expense. However, that in the event eminent domain proceedings are required, the CITY for the purpose of securing said easement and right -of -way, DEVELOPER shall deposit with CITY, a sum covering the reasonable market value of the land proposed to be taken and, to be included in said sum, shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require, shall be deposited with the City of Cupertino. 15. HOLD HARMLESS AND INDEMNIFICATION DEVELOPER shall indemnify and hold harmless CITY, its officers, agents and employees from and against any or all claims, loss, cost, expense, damage or liability, resulting or in any way arising out of Developer's performance or nonperformance of his /her duties under this Agreement, or from negligent acts or omissions or willful misconduct of Developer's agents, employees and contractors, or subcontractors. Developer shall, at his /her own cost and expense, defend any and all actions, suits or legal proceedings that may be brought against the City, it officers, agents and employees resulting from or arising out of Developer's performance or nonperformance of his /her duties and obligations under this agreement, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 16. INSURANCE DEVELOPER shall maintain in full force and effect at all times during the term of this Agreement, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino individually and collectively, and the officers, agE!nts and employees of the CITY individually and Page 7 of 12 collectively, as additional insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit: of liability stated in the declarations, and if the CITY, its members of the City Council individually and collectively, and the officers, agents and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy. The insurance carrier shall be licensed to do business in the state of California and provide proof of their ratings. All ratings should be Best's Guide Rating of A, Class VII or better or that is acceptable to the CITY. Each of said policies of insurance shall provide coverage in the following minimum amounts: for general liability for bodily injury, personal injury and property damage $1,000,000 each occurrence, with an aggregate limit of not less than $2,000,000. DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER evidence of insurance coverage satisfactory to the City. Each policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least thirty (30) days advance notice thereof. In the event that the Improvements are situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the required insurance shall also name the other jurisdictions) as additional insured. 17. MAPS AND /OR IMPROVEMENT PLANS Developer shall provide CITY with the following maps and /or plans at the DEVELOPER'S expense: A. A mylar blackline and three (3) prints of fully executed improvement plans. B. A scan in raster format of all executed improvement plans and map. C. One (1) % size prints of fully executed plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and maps. If costs exceed the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. 18. SUCCESSORS AND ASSIGNS - COVENANT RUNNING WITH THE LAND This Agreement shall inure to the benefit of, and be binding upon the heirs, administrators, successors, assigns and transferees of the Parties, and shall be recorded in the Office of the County Recorder and constitute a covenant running with the land. Upon any sale or division of the Page 8 of 12 Property, the terms, covenants, conditions and restrictions of this agreement shall apply to each parcel, and the owner or owners of each parcel shall succeed to the obligations imposed upon developer by this Agreement. 19. FAILURE TO PERFORM In the event developer fails to perform one or more of the covenants and conditions of this agreement, City at its option shall have recourse to the security given to guarantee the performance of such acts. City may, at its option, do or cause to be done, the acts required of Developer and shall have recourse against as much of the security is necessary to discharge Developer's responsibility. City shall also have recourse against developer for any and all amounts necessary to complete the obligations of developer in the event that the security is insufficient to pay such amounts. All administrative costs, including reasonable attorney's fees incurred by City in addition to the costs of the improvements shall be proper charges against the security and Developer. 20. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Developer to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Public Works Director All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: 20. GOVERNING LAW AND ATTORNEY FEES This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties Ere subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. Page 9 of 12 If City sues to compel Developer's performance oi: this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Developer agrees to pay all attorney's fees and other costs and expenses of litigating incurred by the City, even if Developer subsequently resumes and completes the work. 21. RELATIONSHIP OF PARTIES Neither Developer nor any of its contractors, employees or agents shall be deemed to be agents of the City in connection with the Performance of Developer's obligations under this agreement. 22. SEVERABILITY The provisions of this Agreement are severable. H' any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. 22. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Developer. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their respective, duly authorized officers on the date listed above. Ap oved as to form: 5i k City Attorney Page 10 of 12 [am i'LOTYit�: UA ILto] Timm Borden, P.E. Director of Public Works DEVELOPER: ng Li Luo P per Owner Attach Notary acknowledgement Exhibits: Exhibit A — Roadway Dedication Legal Description Exhibit B — Roadway Dedication Plat Map Exhibit C — Schedule of Bonds, Fees and Deposits Page 11 of 12 il Exhibit C SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110 -2211 Storm Drainage Fee - Basin 2 215 -4072 $68,731.60 PART B. Labor and Material Bond: 110 -2211 Storm Drainage Fee­ Basin 3 215 -4073 $68,731.60 PART C. Checking and Inspection Fee: 110 -4538 Street Light - One -Year Power Cost: 110 -4537 $636.00 PART D. Development Maintenance Deposit: 110 -2211 Map Checking Fee: Page 12 of 12 $.00 PART E. Storm Drainage Fee - Basin 2 215 -4072 $984.91 PART E. Storm Drainage Fee­ Basin 3 215 -4073 $.00 PART F. Street Light - One -Year Power Cost: 110 -4537 $.00 PART G. Map Checking Fee: 110 -4539 $.00 PART H. Park Fee: Zone II 280 -4082 $.00 PART H. Park Fee: Zone III 280 -4083 $.00 PART I. Reimbursement Fee Page 12 of 12 EXHIBIT "A" LEGAL DESCRIPTION FOR STREET DEDICATION PURPOSE Portion of Lot 83, as shown upon that certain Map entitled "Map of Las Palmas Monta Vista ", which map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on April 11, 1917 in Book P of Maps at Page 17, more particularly described as follows: Beginning at a point on the northwesterly line of McClellan Road, said point being the southerly corner for Lot 83 as shown upon said map; Running thence along said northwesterly line of McClellan Road, North 17 059'05" East, 100.12 feet to the easterly corner of said Lot 83; Thence along the northeasterly line of said Lot 83, North 72 °00'55" West, 10.00 feet; Thence parallel to said northwesterly line of McClellan Road, South 17 °59'05" West, 100.12 feet to a point on the southwesterly line of said Lot 83, Thence along said the southwesterly line of said Lot 83, South 72 °00'55" East, 10.00 feet to the POINT OF BEGINNING. Containing an area of 1,001.2 square feet, more or less. The land described hereon is shown on the attached plat, Exhibit "B ", and is by reference, made a part thereof. End of description. LAND S �. RAN G s� L. 8235 OP CAO Date LOT 71 �\ \ 2� 0 0 C5f 1 �I I Q I 0 N \ \ N.17 °59'05 "E. 100.12' LOT 8j X3577 °01IN° 0005 LOT 72 \ \ \ Q ` 75 o ` 0 0 I � I �o I ° I I Q I N I � O I 0 L nI I n I I CD I o I I zl J I z P.O.B�P N. 17 °59'05 "E. 100.12' 0 10' RIGHT OF WAY DEDICATION o 0 ~' AREA = 1,001.2 SFt "' `"' MCCLELLAN ROAD LEGEND: P.O.B. POINT OF BEGINNING — - - — PROPERTY LINE - CENTER LINE — — — EASEMENT LINE EXHIBIT "B" 22345 MCCLELLAN ROAD CUPERTINO, CA SCALE: 1 " =30' SEPT 4, 2013 BASIS OF BEARINGS: THE BEARING, N17`59'05 "E, OF THE CENTER LINE OF MCCLELLAN ROAD, AS SHOWN ON THAT CERTAIN MAP FILED IN THE OFFICE OF THE RECORDER OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, IN BOOK 514 OF MAPS AT PAGE 43, WAS USED AS THE BASIS OF BEARINGS SHOWN ON THIS MAP. W E QC 2625 MIDDLEFIELD RD #658 & ASSOCIATES PALO ALTO, CA 94306 LAND (tA N W��L Ex .12 31 13 _ NO. L8235 OF TEL: (650) 823 -6466 FAX: (650) 887 -1294 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 7� On LR— r—, S, 2,-1,3 Date ' personally appeared CIVIL CODE § 1189 before me, ��� eti ���� e P Sy v�✓ca4, 4lo.y �u� /'c // Here Insert Name Wd Title of the Offic r h' Lt"' ' of Signers) who proved to me on the basis of satisfa�cIory eviclOnce to be the person(g) whose name(gUore subscribed to the within instrument and acknowledged to me thaty he /they executed the same in hi er /their authorized capacity, and that by hi #�er /their signatureK) on the instrument the person(sf, or the entity upon behalf of which the personal acted, executed the instrument. KIRSTEN RENEE S�UARCIA I certify under PENALTY OF PERJURY under the Commission # 1906898 laws of the State of California that the foregoing i -o Notary Public - California > paragraph is true and correct.. Z Santa Clara County My Comm. Expires Oct 4, 2014 WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached 7c:& Ument Title or Type of Document: aQ e ., _� Document Date: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): ❑ Individual O Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: l,3 Number of Pages: 2 Signer's Name: 01 Corporate Officer — Title(s): ❑ Individual e ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • National Notary.org - 1- 800- US,NOTARY (1- 800 - 876 -6827) Item #5907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of 16L n Vila -- e q CIVIL CODE § 1189 On Z(-_C . 11 r 2--13 before me, f r Lj Ae-h ee J0 ✓cc r17-., "a, Nom' 'r 1°d c Date Here Insert Name an&ritle of the Officer personally appeared Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person(sr)' whose name is/ re subscribed to the within instrument and acknow edged to me that he/ he /they executed the same in hi ler /their a to horized capacity(] it and that by i her /their signatureK on the instrument the person�s'j or the entity upon behalf of which the person(,,sKacted, executed the instrument. KIRSTEN RENEE SCUARCIA I certify under PENALTY OF PERJURY under the Commission # 1906898 L laws, of the State of California that the foregoing z : -�� Notary Public - California > paragraph is true and correct. Santa Clara County WITNESS my hand and official seal Signature: *__ee \ Place Notary Seal Above I Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reah`achment of this form to another document. Description of Attached Document Title or Type of Document: /111 f'4a t/�4_�Vn � ��° 2-2-3-Y S'/44 cle j leol. Document Date: De-C -e-g,1 -ter Z--13 _ Number of Pages: Signer(s) Other Than Named Above: /401)1 1-i 4kr7q L/0 o Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Ll Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing R IGHT. + -TH U MBPRIN�T� b OF SIGNER:; Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual e ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association • National Notary. org • 1- 800 -US NOTARY (1- 800 - 876 -6827) item n5yu1 VERIFICATION t have reviewed this Improvement Agreement and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws cif the State of California, that the foregoing is true and correct. Executed on the 18th day of December, at Cupertino., California 6orothy, St:eenf t Senior-Office ^_ssistant