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13-203 Installation Agreement, 10300 Orange Ave, APN 357-19-029 - DOCUMENT: 22774822 Pages: 3 J ~RECORDING REQUESTED BY I Fees. . . . * No Fees 1111111111 11 il III II 111111Copies. . City of Cupertino AMT PA I D WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 001 SANTA CLARA COUNTY RECORDER 11/20/2014 City Clerk's Office Recorded at the request of 2:50 PM City of Cupertino Cit 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE 17V ACCORDANCE WITH GOV. CODE 2 73 83 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION 10300 ORANGE AVENUE,APN 357-19-029 Original 13 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: DHAKA SURESH AND SURESH NAIR 10300 ORANGE AVENUE,APN 357-19-029 have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the Public Works Department on August 18, 2014. Director of Public Works and City Engineer of the City of Cupertino Date: November 3, 2014 I ti "NO FEE" VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 7`h day of November, 2014 at Cupertino, California.. Andrea Sander Senior Offic Assistant City of Cupertino RECORDING REQUESTED BY: Ciy of Cupertino DOCUMENT: 22647.770 Pages: 18 " : Fees. . . . * No Fees WHEN RECORDED,MAIL TO: Taxes. . . Copies. . City Clerk's Office AMT PAID City of Cupertino 10300 Torre Avenue REGINA ALCOMENDRAS RDE # 026 Cupertino,-CA 95014-3255 SANTA CLARA COUNTY RECORDER 7/16/2014 Recorded at the request of 1 :57 PM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 INSTALLATION AGREEMENT 10300 Orange Avenue, Cupertino, CA 95014 APN 357-19-029 Dhana Suresh and Suresh Nair, wife and husband, as community property with right of survivorship Original O For Fast Endorsement City of Cupertino INSTALLATION AGREEMENT (Cupertino Municipal Code Chapter 14.04) 10300 Orange Avenue, Cupertino, CA 95014 APN: 357-19-029 This INSTALLATION AGREEMENT("Agreement") is made and entered into this 2 9 day of NV 0-M4 0' , 20 13 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, ("CITY"), and Dhana Suresh and Suresh Nair, wife and husband, as community property with right of survivorship ("DEVELOPER") for a single family dwelling located at 10300 Orange Avenue, Cupertino. RECITALS 1. DEVELOPER has presented to the City an application for a development entitlement consisting of a single family dwelling (the "Development Entitlement") located at 10300 Orange Avenue, Cupertino CA(the "Property"). 2. Chapter 14.04 of the Cupertino Municipal Code ("CMC") requires, as a condition precedent to the erection, construction, addition, alteration or'repair of any building or structure in certain designated areas of the City with unimproved streets and for which a building permit is required by the City, installation of certain types of public improvements and/or dedication where deemed necessary by the City Engineer. 3. In consideration of City's approval of the Development Entitlement and pursuant to the requirements of CMC Chapter 14.04, Developer desires to enter into this Agreement promising to install and complete, at Developer's sole expense, all public improvement work required by the City for the proposed development. 4. Developer has prepared and City has approved plans and related specifications (the "Improvement Plans") for construction, installation and completion of improvements. The Improvement Plans titled 10300 Orange Avenue prepared by APEX Civil Engineering & Land Surveying and dated November 18, 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 Page 1 of 11 a. Completion of Improvements. Developer, at its own expense, shall furnish, install, and construct all improvements required by the City Engineer pursuant to Chapter 14.04 of the Cupertino Municipal Code, or as amended, in a good and workmanlike manner and as shown on the Improvement Plans as approved by the City Engineer of Cupertino and in accordance with existing ordinances and resolutions of the CITY and other applicable laws. The decision of the City Engineer shall be final as to whether any material or workmanship meets the plans, specifications, and standards as set forth. b. Compliance with applicable laws and rules. Developer shall complete the Work in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. c. Repair and replacement of damaged public facilities. Developer shall, at its own expense, repair or replace all public improvements, public utility facilities, surveying monuments and other public facilities that are destroyed or damaged as a result of any work under this agreement. Developer shall promptly notify the City Engineer of such damage and shall obtain the City Engineer's approval of all repair and replacement of damaged facilities. d. Developer's responsibility until City's acceptance. Until City accepts the Improvements, Developer shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to the improvements. City shall not have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by City. City's acceptance of the Improvements shall not constitute a waiver of any defects in the Improvements or Developer's obligation to repair such defects as provided in section 9 of this Agreement. 2. TIME FOR INSTALLATION OF IMPROVEMENTS a. Required time of completion. DEVELOPER shall install and complete the Improvements within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred 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 11 1 3. DEDICATION OF EASEMENTS OR RIGHTS OF WAY a. The DEVELOPER offers to dedicate the real property shown on Exhibit "A" and "B", which is attached hereto and made a part hereof by reference (the "Dedicated Property"). Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT,the CITY agrees to accept said real property offered for dedication. The Dedicated Property shall be free and clear of all liens or encumbrances except those which the CITY agrees to waive in writing. Developer agrees not to revoke this offer of dedication, and to keep said offer open until the CITY accepts offer. Upon execution of this Agreement, Developer agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A" and "B", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City at the time of acceptance of dedication and recordation of deed, (1) a preliminary title report issued by a title insurance company relating to the property offered for dedication, and (2) a standard policy of title insurance issued by a title insurance company and insuring the CITY, showing that the Dedicated Property is free and clear of all liens or encumbrances except any that the City expressly agreed to waive. 4. QUITCLAIM DEED DEVELOPER, when requested by the CITY, shall quitclaim all his/her rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project. DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him/her for signature. 5. SECURITY a. Required Security. Prior to execution of this Agreement, Developer shall provide the following security to City in a form acceptable to the City: (1) Faithful performance. Security for faithful performance in the amount set forth Part A of the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by reference as Exhibit C. (2) Labor and Materials. Security for labor and materials in a penal sum as set forth Exhibit C. 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. Page 3 of 11 In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY (1) Cash; (2) A cashier's check, or a certified check payable to the order of the City of Cupertino; or (3) A certificate of deposit, or instrument of credit acceptable to the City and meeting the requirements of Government Code Section 66499 (b) or (c). The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a faithful performance surety bond. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. c. Release of Security. No release of surety bond, cash deposit, check or certificate of deposit shall be made except upon approval of the Director of Public Works. Schedule for bond and insurance release for paper bonds are as follows: (1) Release of 90 percent of the faithful performance bond upon acceptance by the Director of Public Works. (2) Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. (3) Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. (4) Liability insurance, provided by the DEVELOPER to hold the CITY harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 6. PAYMENT OF REQUIRED FEES a. Permits and licenses. Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance, including but not limited to the fees described in this Agreement, and all taxes required by law. b. Fees. Developer shall pay fees in the amounts set forth in Exhibit C, including but not limited to the following, as required: (1) Inspection Fees. DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT. Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. (2) Storm Drainage Fee. DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977. Page 4 of 11 (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. (iii) Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. 7. DEVELOPMENT MAINTENANCE DEPOSIT DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth in Exhibit C as a development maintenance deposit. City may use the deposit at its discretion to correct deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise during or after the construction of the development, and to obtain copies of approved plans for the CITY's files. If the costs exceed the amount deposited, DEVELOPER shall pay actual overage prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at the time all bonds are released in accordance with paragraph 5 of this agreement. Page 5 of 11 8. STREET TREE INSTALLATION DEVELOPER shall fund the City for purchase and planting of street trees as deemed appropriate by the City Engineer; or shall, at the discretion and at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. The variety, number and location of trees are subject to City's prior approval. 9. MAINTENANCE AND WARRANTY a. Developer guarantees and warrants the Improvements and agrees to remedy any defects, damages, or imperfections in the Improvements arising from faulty or defective materials or construction of the Improvements for a period of one year after City's acceptance of the Improvements. b. If, within the warranty period, the Improvements or any part of the Improvements fail to fulfill any of the requirements of this Agreement or the Improvement plans and specifications, Developer shall repair, replace or reconstruct any defective or otherwise unsatisfactory parts 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 written notice from City, or (b) City determines that public safety requires repair before Developer can be notified, City may, at its sole option, perform the required repair itself. Developer agrees to pay the cost of any repairs City performs pursuant to this agreement and City may, at its option, recover that cost as a lien against Developer's property. 10. SANITARY DISTRICT DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to serve all lots within said Project. 11. GOVERNMENT COSTS DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 12. UTILITIES DEVELOPER shall pay to Pacific Gas and Electric Company, AT&T, and/or appropriate utility companies, any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer, Pacific Gas and Electric Company, AT&T, or appropriate utility companies that said fees are due and payable. Page 6 of 11 13. EASEMENTS AND RIGHT-OF-WAY Developer shall acquire any easement and right-of-way necessary for completion of the Project at its own cost and expense. However, that in the event eminent domain proceedings are required, the CITY for the purpose of securing said easement and right-of-way, DEVELOPER shall deposit with CITY, a sum covering the reasonable market value of the land proposed to be taken and, to be included in said sum, shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require, shall be deposited with the City of Cupertino. 14. HOLD HARMLESS AND INDEMNIFICATION 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. 15. INSURANCE DEVELOPER shall maintain in full force and effect at all times during the term of this Agreement and shall provide to the CITY a copy of said insurance policy prior to starting work within the public right-of-way. The policy of insurance shall name the CITY and members of the City Council of the City of Cupertino individually and collectively, and the officers, agents and employees of the CITY individually and collectively, as additional insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council individually and collectively, and the officers, agents and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy. The insurance carrier shall be licensed to do business in the state of California and provide proof of their ratings. All ratings should be Best's Guide Rating of A, Class VII or better or that is acceptable to the CITY. Each of said policies of insurance shall provide coverage in the following minimum amounts: for general liability for bodily injury, personal injury and property damage$1,000,000 each occurrence, with an aggregate limit of not less than $2,000,000. Page 7 of 11 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. 16. MAPS AND/OR IMPROVEMENT PLANS Developer shall provide CITY with the following maps and/or plans at the DEVELOPER'S expense: A. A mylar blackline and three (3) prints of fully executed parcel map. B. A mylar blackline and three (3) prints of fully executed improvement plans. C. A scan in raster format of all executed improvement plans and map. D. One (1)%Z size prints of fully executed plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and maps. If costs exceed the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. 17. SUCCESSORS AND ASSIGNS-COVENANT RUNNING WITH THE LAND This Agreement shall inure to the benefit of, and be binding upon the heirs, administrators, successors, assigns and transferees of the Parties, and shall be recorded in the Office of the County Recorder and constitute a covenant running with the land. Upon any sale or division of the Property, the terms, covenants, conditions and restrictions of this agreement shall apply to each parcel, and the owner or owners of each parcel shall succeed to the obligations imposed upon developer by this Agreement. 18. FAILURE TO PERFORM In the event developer fails to perform one or more of the covenants and conditions of this agreement, City at its option shall have recourse to the security given to guarantee the performance of such acts. City may, at its option, do or cause to be done, the acts required of Developer and shall have recourse against as much of the security is necessary to discharge Developer's responsibility. City shall also have recourse against developer for any and all amounts necessary to complete the obligations of developer in the event that the security is insufficient to pay such amounts. All administrative costs, including reasonable attorney's fees incurred by City in Page 8 of 11 addition to the costs of the improvements shall be proper charges against the security and Developer. 19. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Developer to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Public Works Director All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: APEX Civil Engineering & Land Surveying 817 Arnold Dr., Ste 50 Martinez, CA 94553 20. GOVERNING LAW AND ATTORNEY FEES This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. If City sues to compel Developer's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Developer agrees to pay all attorney's fees and other costs and expenses of litigating incurred by the City, even if Developer subsequently resumes and completes the work. 21. RELATIONSHIP OF PARTIES Neither Developer nor any of its contractors, employees or agents shall be deemed to be agents of the City in connection with the Performance of Developer's obligations under this agreement. 22. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. Page 9 of 11 23. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Developer. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their respective, duly authorized officers on the date listed above. CITY OF CUPERTINO: A proved as to form: 'CityM- A(�' Attorney imm Borden, P.E. Director of Public Works DEVELOPER: Dhana Suresh Suresh N it Attach Notary acknowledgement Exhibits: Exhibits A& B- Dedicated Property Exhibit C-Schedule of Bonds, Fees and Deposits Page 10 of 11 EXHIBIT 'A' LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,. DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 6 AS SHOWN ON THE MAP OF TRACT NO. 97 FILED ON APRIL 3, 1939 IN BOOK 3 OF MAPS AT PAGE 43 IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 6 AND ALONG THE EASTERLY RIGHT OF WAY LINE OF ORANGE AVE NORTH 00°00'00" EAST, 50.24 FEET TO THE NORTH LINE OF SAID LOT 6; THENCE LEAVING SAID RIGHT OF WAY LINE ALONG SAID NORTH LINE OF LOT 6 SOUTH 89058'00" EAST, 5.00 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00000'00" WEST, 50.24 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 6; THENCE ALONG SAID SOUTH LINE NORTH 89058'00" WEST 5.00' TO THE POINT OF BEGINNING CONTAINING 251 SQUARE OF LAND, MORE OR LESS. END OF DESCRIPTION U � O v= 130 J Q O 9TF OF CP�-�� Page 1 of 1 LEGEND GRAPHIC SCALE POB, POINT OF BEGINNING 20 10 0 20 EASE EASEMENT ( IPI FEET ) ® DEDICATION 1 inch = 20 ft. AREA=251 S.F.f L Jr 5 TRACT 1\1 0, 97 25.0' S89 58'00"E LLD 5.00' � s 20.0' 20.0' N m a � 4 04 C3 o NAIR Lo Lo 4P Clkllxv h W LOT 6 o o TRACT NO. 97 C 3 M 43 z � ) ® 5.0' DEDICATION SAN FERNANDO AVE POB N89'58'00"W 5.00' 20.0' LOT � rR)A rT 1\1 0. 971 ADDRESS. ASSESSORS PARCEL NO.: 10300 ORANGE AVENUE, CUPERTINO, CA. 357-19-029 EXHIBIT T DRAB BY. SHEET 817 Arnold Dfive Ste,50 PLAT TO PROJECT Ivo: 1 OF 1 A PEX Maffti>inez,CA 94553 ACCOMPANY LEGAL 13066 DESCRIPTION SCALE: DATE: CIMENGD RING- SURVEYING Ph;(925)476-8499 1"-20' 11-12-13 Exhibit C SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110-2211 $10,800.00 PART B. Labor and Material Bond: 110-2211 $10,800.00 PART C. Checking and Inspection Fee: 110-4538 $2,707.00 PART D. Development Maintenance Deposit: 110-2211 $1,000.00 PART E. Storm Drainage Fee—Basin 2: 215-4072 $641.70 PART F. Street Light—One-Year Power Cost: 110-4537 $0.00 PART G. Map Checking Fee: 110-4539 $0.00 PART H. Park Fee Zone II: 280-4082 $0.00 PART I. Reimbursement Fee: $0.00 PART J. Street Tree Installation: $338.00 110-4567 Page 11 of 11 i IEORNIA ALL-PURPOSE CERTIFICATE� OYACKNOWLEDGMENT t State of California. 41 County of c/ ,n h 64, t, OIr .!Z��I � � before-me, Ju(,,-eA4NV > ✓ (Here insert name and title of the Officer). t� s personally appeared �ve4 who proved to me on the.basis of satisfactory evidence to be the persozley whose name is/subscribed to the within instrui--ent and acknowledged to me thatJeshe/twee executed the sante in Jiis/her/lbrir authorized capacity 911- and that by Wj jier/tl�r signature(Won the instrument the person(syj,or the entity upon behalf of Which the pe>•son(s) acted, executed the instrument. 1 I certify under PENALTY OF.PERJURY under the laws of the State of California that the foregoing paragraph ' is true and correct. s �®naurrtra�rr®e®avenrn+bma®re©ace®Io®®� frljFBF_SH NPJR WITNESS ni hand and (ficial sal COMM,#1979521 y e' MMARY PU81JC-CAUFORNIA {( RAN MATEOCOUNTY e' My Commission Expires MOZ12016 (Notary Seal) ;111112111 all Signature of Notary Pu lic I. 1 DITIONAL OPTIONAL INFORMATION 1 INSTRUCTIONS FOR COMPLETING THIS FORM Arry aclarowledgment completed in California must contain verbiage e.ractly as l DESCRIPTION OF THE ATTACHED.DOCUMENT appears above in the notary section or a separate acknoivledgnaent foam rlru.st be property completed and attached to that document. The on7y exception is if a document is to be recorded outside afCalifornia In such instances any alteiwatrve i (Title or description,of attached document) ackrroivledanwnt verbiage as may be printed on such a doeument so long as the ( ve•biage:does not require the notai),to da umiething than is illgkal for a notaly na t CaTifar7ria i.e. eertifj=ing the authorized capaclly of the,signer).Please check the (Tide.flr description of attached document continued} document eareftlly/orproper notarial wording and attach this form ifrequired. ; i€ Pages Document Date Number of Pa ® State and County information must be the State and County where the document � � signor(s)persorially appeared before.the notary public for acknowledgment. r - Date of notarization must be the date that the signer(s)personally appeared which _ ?� most also be the same date.the acknowledgment is completed. I (Additional.information) The notarypublic must print his or herMnamc as itappears:.within his or her commission followed by a comma and then your title"(notary public). E e Print the names) of document signers) who personally appear at the time of notarization. k CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/shcAhey,is JaFe)or circling the correct forms Failure to correctly indicate this ❑ In(tiVidUai(S) information may lead to rejection of document recording. Q Corporate Officer 0 The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) © Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Factm Additional information is not regmred but could help to ensure this ElTriistee(s) ••♦ acknowledgment is rot misused or attached to adifferent document. ❑ Other e Indicate title or type of attached document,number of pages;and date. le Indicate the.capacity,claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). a Securely attach this document to the signed document l� s �u wg 40&Version CAP.A vl2.10,07 800-873-9865, wivw.NotaryClasses.com l Y CALIFORNIA ALLTURPOS ' DG State o aiifomm Cvuiity of CA ,nis On... . rj �p 20/3 : a (!-ler 3ns': tt�mC and tztic u}'thc t�ff�i•) l persanall aPpeart d U U i'P� h glo v �vho prayed tt7 zne'on the baszs:of satisfactory evld„epee to:be the.person(s) whose name�5} slaxe;subscribed to t: the w�thxu ii�strliirterlt and ac�cnawledged t6 me that he4le' hey e eci led the;sume: n:l��s her/their a t3 ori ed ca acl P. tYafb tr -s)ieand tzhhteraueonthe: nstt�uzient.the pr ii( or,the ei ltlt upon i�erialf.off ; wlucl the persons}ate , eecute . lienstruinent. I certify under PEIVt T;TYIOF"PE -RY°under the:.laws of the Mate of Caiit to fiat the forego}agparagr�pf 1fi'trll`0 and;correct:. iiiaaaQaaiaQaall iaaiiviaiiaagaaa. BRENDA L.REYES VYI d aui affical seal:. COMM.#1942104 w NOTARY PUBLIC-CALIFORNIA Z6 I SANTA CLARA COUNTY <rOP m My commlWon ExpIrea 0912412076 .. ........ _..-... ..... - .:..: :ADA QiiiQ f Signa7tzrcol'NotAiy$u61ic k W OrTI INS RUCTIONS -ORM $I`IZSTCr"IIISCR1I 417 'r +I�gnrenP completed TYi�alrfpr�?ta must eontatlt-V.ar6:age e�aclly us. ou DESORIPTION OF=.THEtTTACIED DOCUMENT appeals aboYe it t/re i 071�gysectran or a separate arlrowledgntpxrt 19rwmrtst be r er +c letecl arra`':attached-!o that doc rteltt the n. a ttan T a F P isl' docuu?enz rs 10 lie t ecnt ded orrtsrde rte Calrfor�rrq!n sttcll r»stances arr)+altermutn e aelnlo,wledgrus»Y.'�rer btage dr may be pr rrrte�l Qrt sueh;d i ocu en!so loi7 as the (��tle or descnpUpix q�attached:dgcumegt) $ l5erbf' e�.do "', n8 qur a xh notary to do sonrethrng`ilrat rs 111egaT for it izotgr�+ri Ca1�ol�ra �e. cerit,Jj+1na tha authorrzed�apac! of ti'e sr�rzer) ,Please clreelc the, rjoeuner�f_corefully for ptopaa uot.rrgl ii+arclln d:flac�i this o.. ! re.,.n ed Title.odesorip6oaofattacfieddooumeri'tccintinuedj: ..�' g' , ? .f.n1t./ �!� • 5tatr and Cozin rnfornYatrrn must bC the$tate and Go where the docunienE Nurnbr r of pages. Woti ien ']�ate tY — sigrier{s)personally appeared bofore the naary publtc;fgr aclttiowledgment. a bafo of tlatarizairon tnugEb-g tlte.ilate hautl a signer s ersoual] a. eared whish: mtlstnlso bo the dame dat the aaTnrowleil ment rs e6m T y PP e g p eked. (Acldrfional informatign); • The notary public must ptwt hitt oc hers amc as at appears;wrthui 2iis or PT commrsslon.f&.flowed b3 a'o6pma.anatpen:your tit1�•(notarypubhc) •. Pnut the rramels).of ilocurrsent s bonei(s)who personally appear at°the ttmG`of notaiizatioirl C�4PACtTX'C�ASD B'Y THB SICrNER, • indicate the: oxrecf singular p;plural forms by crossing off araxarrect forms(ze;. H. 0 Ind3viduai s ke/shelthey-is/ara or Glrclrng ftie ooffwt dorms Tatlure to corr�etly:ndic ate:fhis: �..) .:.y . ),. . i g Cbrorate:Obi er: • e>nog n`seal tmpre5ston must be cicaz and photographically reproducible: nt��ahon��t„nut coyer textWean If�seal unp tessron,szx!udges reseal A. suff%crent aFea. err>trts,nthcrwrse cpmploCc` dtffcretitackna�+riedgxnent fotYn ttle) p ❑ P'artner{s} a 5tgnature of the rtofary public must matehthe stgu2tut'c on files�viih tfiei:oftice�°of D Attgmey intact: the cruntyclgriz Ad�,ttonal?nformatton yrs not required but cquld help to ensure:�,��• Trusfet{s seknawledgmetitts»otrnrsusedot.atlaehe�3to;adrfferentoeuient; O.fli r ;� lztdtcato,dtleorsypeamum orpa�es.andldAte.: • dedicate the�ea acr alaiined �''> p the st e� if rho o]atYned pacity:is•'it ty `hS bm ca x _:. �:__ corporateof$cerx xadicafe�ire brie{�;e GEQ,;CFO Secrgtary),. ' • Surely attaep thin dctenttrett lo.llie signed:docltmenl 2QCl8;Yerstpn.CAI'A ul?.I0 01$00 87,3 X865,:y nv 1�ptaryGlassps:com I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CYl91L CODE§ 1189 • ..,Gc�.�-�, .. ��-.�.�-�.�,�,� .Gc.,c�¢ ..�,�.�-.,�,�,�c�-.c�,�,�.�.Few-.�-.�-�-.�-.�.�c�-.,��=-.�.�-- - (4 State of California 1 ) 4 County of �a✓.'� Cl a,rg 4 On (2r 2a , i'cr'rS � 1 l3 before me -�nj kehS�u 1-c�4•5 Aj0Cteq eub 1t'� 4 Date Here Insert N me and Title of the Olficer 4 personally appeared Bo r e)em Name(s)of Signer(s) 4 who proved to me on the basis of satisf9r4ry evidence to be the person(K whose nam i are subscribed tot ithin instrument and acknowledged e that(je/ he/they executed the same in hi er/their authorized capacity�s), and that by hi er/their signatureA on the instrument the ) erson(,9'j, or the entity upon behalf of which the ) 4 personk&l acted, executed the instrument. I certify under PENALTY OF PERJURY under the KIRSTEN RENEE SOUARCIA tlaws of the State of California that the foregoing 4 a :Y� Commission# 1906898 Z paragraph is true and correct. Z . Notary Public-California Z 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 OPTIOJVAL f� Though the information below is not required by law,it may prove valuable to persons relying on the document fy and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document/101 S'Tq ) F Title or Type of Document: � �/��i o-, 2'e� a••, � ��3°" .,� Ave Document Date:Alo o'Cev L e 29 , 2--o13 Number of Pages: 13 Signer(s) Other Than Named Above: A A n fl SV e—e S- .S'u r e S 4 Ajar!' Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑ Individual ) a o ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ) ❑ Trustee ❑Trustee h, ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2010 National Notary Association=NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 "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 interest in real property conveyed by the deed or grant dated November 29, 2013 from 10300 Orange Avenue to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated:December 18, 2013 By: n,, )A %J�� Dorothy Ste f6tt. Senior Office:Assfstant