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84-065 BAM Properties (Allan Byer)- Warren Whaley Developer, Resolution #6432 and #6452. Recording Request by CITY OF CUPERTINO When Recorded, return to: City of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014. NO FEE (Gov. Code 86103 NOTICE OF MERGER This notice is filed under the provision of Government Code Section 66424 .2. The real property in the City of Cupertino, County of Santa Clara, described in the attached Exhibit A and owned by Mr. and Mrs. Allan G. Byer, husband and wife, is, under the provisions of the Subdivision Map Act and Ordinance of the City of Cupertino, merged for the purposes of the Subdivision Map Act into a single parcel. Dated June 28, 1984 9„.,c, C s H. Sisk, .Plannin�or City of Cupertino STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) ss I. ALLISON F. VILLARANTE, certify that on June 28, 1984, JAMES H. SISK, known to me and known to me to be the Planning Director of the City of Cupertino personnaly appeared before me and acknowledge that he executed this notice on behalf of the City of Cupertino. ` DATED June 28, 1984 0#7 • II OFFICIAL SEAL's49cets9or.%omoos•emsiptakketr.M9 K �.1 d /l�� 0ALLISON F. VILLARANTE Alison Villarante, Deputy City Clerk •` .'•i,'IL NOTARY PUBLIC-CALIFORNIA City of Cupertino n SANTA CLARA COUNTY. My Commission Expires Feb. Bi 1988 LEGAL DESCRIPTION 66 EXHfi:JT A ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A GRANITE MONUMENT AT THE INTERSECTION OF DE ANZA BLVD. , (FORMERLY SARATOGA - SUNNYVALE ROAD) AND BOLLINGER ROAD AS FOUND AND DELINEATED ON THAT CERTAIN MAP OF TRACT NUMBER 2551 WHICH IS FILED IN BOOK 115 OF MAPS AT PAGE 28, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE CENTERLINE OF DE ANZA BLVD. N. 00°03100" E., 310.00 FEET; THENCE LEAVING SAID CENTERLINE S. 89°57'00" E. , 60.00 FEET TO A POINT WHICH IS THE SOUTHWEST CORNER OF PARCEL "A" AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 242 OF MAPS AT PAGE 16, SANTA CLARA COUNTY RECORDS, SAID POINT BEING THE POINT OF BEGINNING; • THENCE FROM SAID POINT OF BEGITNING ALONG THE EASTERLY RIGHT OF WAY LINE OF DE ANZA BLVD. ( 120' WIDE) N. 00 03'00" E., 533.95 FEET; , THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE S. 89°55'03" E. , 390.00 FEET TO A POINT WHICH IS THE NORTHWEST CORNER OF TRACT NUMBER 3806 AS SHOWN AND DELINEATED ON THAT CERTAIN TRACT MAP FILED IN BOOK 187 AT PAGE 40, SANTA CLARA COUNTY RECORDS; THEICE ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3806 S. 00°03'00" W. , 339.16 FEET TO A POINT WHICH IS THE SOUTHWEST CORNER OF SAID TRACT 3806; THENCE LEAVING SAID WESTERLY BOUNDARY OF TRACT 3806 ALONG A RADIAL BEARING OF S. 15 53' 03" E. , THROUGH A CURVE 0 THE LEFT WITH A RADIUS OF 177.50 FEET, SUBTENDING A CENTRAL ANGLE OF 17 05'13" FOR AN ARC LENGTH OF 52.93 FEET; THENCE S. 89°20'58" W., 52.01 FEET TO THE NORTHEAST CORNER OF PARCEL "Cu AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "Cu S. 00°03'00" W., 309.08 FEET; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "C" N. 89°57100"W. , 90.00 FEET; THENCE N. 00°03100" E., 105.00 FEET; THENCE N. 89°57'00" W. , 200.00 FEET; THENCE N. 00°03'00" E. , 32.00 FEET; TO THE POINT OF BEGINNING. CONTAINING.4.7998 ACRES MORE OR LESS. \c..i ry or c upeR-rtIVo IREC,. r.'zM ; ! nit., C (o aoo Tom .n , 4oQdt. � Cuptirer no, Ca.. In iLit _.._......... . . . .._ E�"1t'�.-, 9; ?r'y Ir L :7 le' .. 4.___..._. FlLED`FOR RECORDC • R AT REQUEST OF CD RESOLUTION NO. 6452o'f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF QPE5 TI*.4G AM °84 7?- AUTHORIZING AUTHORIZING THE EXECUTION OF DEFERRED AGREEMENT WITH 4L� ALLAN G. BYER AND MARIAN BYER FOR THE IMPROVEMEWAI RECORDS y 144 FRONTAGE, EAST SIDE OF SOUTH DE ANZA BOULEVARDS'Bq GE& OA Un TY CJ OF BOLLINGER ROAD Pr(I5TRAR RECORDER WHEREAS, there has been presented to the City Council an agreement for the improvement of the street frontage along the east side of South De Anza Boulevard north of Bollinger Road; and WHEREAS, said proposed agreement contains provisions for the construction of streets, curbs, gutters, sidewalks, and for other improvements within a period of five (5) years and six (6) months from the date of execution of said agreement; and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that said agreement for the improvement of street frontage along the east side of South De anza Boulevard north of Bollinger Road is hereby approved; and the City Engineer is hereby authorized to sign the final plans when presented by the developer; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. BE IT FURTHER RESOLVED that the City Clerk is authorized to file this agreement with the Santa Clara County Recorder. t PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of November, 1984 by.; the following vote: Vote Members of the City Council • AYES: Gatto, Plungy, Rogers, Sparks, Johnson ., • ` ,;:. ..., - t'•NNN g c Slid^ ' .. NOES: None THIS IS DF THC q1�w I�cFERTtF�AaM1#m T INSfUMIS� ❑ FA4INEWTHrFFE WEGIoTTF {1 Q ABSENT: None : r;ler l9 ABSTAIN: None ATT1EQr. rtn. r ' m 1�1o'!E)G!'6y PF i Pp"TING APPROVED: BY ii12/r O� ;a-►`�% %,� ' TY • EERK� \i.\ /s/ Phil N. Johnson,. ,k-1-fry!)0 • Mayor, City of Cupertino ATTEST: • " fi /s/ Allison Villarante • Deputy City Clerk NO FEE IN ACCORDANCE RETURN TO CITY WITH 60V CODE 6103 OF CUPERTINO 10300 TORRE AVE. CUPERTINO, CA 95014 Ca AGREEMENT o This AGREEMENT made and entered into this 19th day 0 C7 "of November , 19 84 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, Ia YP hereinafter designated as CITY, and ALLAN G. BYER & MARIAN BYER ,hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY and is securing a building permit from CITY to construct and maintain a commercial development, hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit DEFERMENT of the required development improvements in accordance with the provisions of this AGREEMENT; and; WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein and; WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared; and WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with conditions of development approval; and Page 1 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set° G'1 forth in the following schedule: - 0 1-0 SCHEDULE OF BONDS, FEES AND DEPOSITS i~ IA Improvement Category - N/A N PART A. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: . Deferred PART C. Checking and Inspection Fee: Deferred PART D. Indirect City Expenses: Deferred PART E. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: Deferred PART G. One Year Power Cost: Deferred PART H . Street Trees : By Developer PART I . 'Map Checking Fee: N/A PART J . Park Fee: N/A PART K. Water Main Extension Deposit: N/A PART L. Maps and/or Improvement Plans: Deferred Page 2 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: DEDICATION A. The DEVELOPER offers to dedicate the real property - show on xhibit "A" , which is attached hereto and made a part hereof by .eference . Said dedicated property shall be fr- - and E; clear of al liens or encumbrances except those which he CITY shall waive 1 . writing. The DEVELOPER agrees not to r- oke said 13 offer of dedicati.n, and to keep said offer open u• it the CITY c+; accepts offer by r-,olution. B. Upon execution of this AGREEMENT • e DEVELOPER agrees to deliver a properly ex:cuted grant deed to t CITY of the real property described in Exhibit "A" , an. such other executed conveyances , or instrumen necessary convey clear title as herein required. The DEVE 'PER shall .rovide, at the DEVELOPER' S sole cost and expense, to the C y: (1) A preliminary title ..ort issued by a title insurance company relating to th= prc .erty offered for dedication; said Preliminary Tit e Report hall be furnished by the DEVELOPER. (2) A standard olicy of title ins ance issued by a title . insurance co -any and insuring the CITY in the sum of: N/A, and w : ch shall show said property ree and clear of all lie or encumbrances except those - s the CITY shall expreso y waive in writing; said policy sh: 1 be furnished at t • time of acceptance of dedication and ecordation of de-. . C. Upon the condition precedent that the DEVELO' R shall • perfo each and every covenant and condition of this AGR• ENT, the CITY agrees to accept said real property offere. for d=: ication. 2 . INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the 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. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done Page 3 in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, . lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable Ca hereto . The decision of the City Engineer shall be final as to CD - whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. 0 C . It is further agreed that the Work shall be done in %y accordance with the most current Standard Specifications of the e 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 . 3 . EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No . 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when - the proposed excavation is to commence. 4 . QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements . The amount of said bonds shall be as G+ designated by the City Engineer. Said bonds shall be executed by a O _ surety company authorized to transact a surety business in theme' State of California and must be approved by the City Attorney as to 0 form and by the City Engineer as to sufficiency . In the event that 1' the DEVELOPER shall fail faithfully to perform the covenants and " conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY Ci shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER' S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1 , Cash; or, 2 . A cashier' s check, or a certified check payable to the order of the City of Cupertino or, 3 . A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b ) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6 . CHECKING AND INSPECTION FEE It is further agreed that 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, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof . 7 . INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . Page 5 7A. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance o with Section 4 :1 of Ordinance No . 47 (Revised 12/04/61) of CITY, 0 the amount as set forth herein at Page 2 (Part I ) . 0 re 8 . DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, ►P prior to execution of this AGREEMENT, the amount set forth herein C� at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period . The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds . 9A. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F) . 9B. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77 . The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan . The DEVELOPER further stipulates that his share of costs under provisions of the unimproved street ordinance for the "San Juan Water Main" shall be one half of the CITY costs along his frontage and that said costs are outlined at Part K on Page 2 herein . 10 . ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 11. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. Page 6 12 . PARK FEES It is further agreed that the DEVELOPER shall pay such feest.:.* and/or dedicate such land to the CITY, prior to .execution, as is 8 required within "Park Dedication Ordinance" Number 602, 1972, and L which is further stipulated under Part J , Page 2 herein. 0 ty 13 . MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14 . SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15 . GOVERNMENT CODE It is further agreed that DEVELOPER shall file with 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. 16 . CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire'hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 17 . STREET LIGHTING It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. Page 7 18 . PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH It is further agreed that the DEVELOPER shall pay to Pacific O Gas and Electric Company and/or to Pacific Telephone and Telegraph . Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said to property and any and all fees required for undergrounding as provided in Ordinance No . 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Company N and/or Pacific Teltphone and Telegraph Company that said fees are due and payable. 19 . EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said 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. 20 . HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER' S agents, employees and independent contractors . 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the 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 Page 8 • 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 be excess insurance only. 0 A. Each of said policies of insurance shall provide coverage CD in the following minimum amounts: For bodily injury, $100 ,000 1- each person; $300 ,000 each occurrence, property damage, $50 ,000 iy on account of any one occurrence with an aggregate limit of not less than $200 ,000 . crt B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the .provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision . 22 . MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps . B . A mylar sepia and thirteen (13) prints of fully executed tract maps . C . A mylar sepia and ten (10) prints of fully executed improvement plans . D . A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps . It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the "signing of the plans by the CITY. 23 . DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six ( 6) Page 9 . months notice from the CITY, in which event the Work must be completed within one (1) year thereafter, or in the absence of such notification, no later than five ( 5) years and six ( 6 ) months from C:.+ ' date of this AGREEMENT, the following improvements : Sections numbered 2-20 excepting 9 are deferred. CO All public streets and improvements as required or directed by Q the Director of Public Works . 17, Until such notification is made by CITY, or such time has 1t elapsed, Sections numbered 2 through 21 excepting 9 et al, are CA hereby deferred. The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local improvement district, if . this method is feasible to secure the installation and construction of the improvements . 24. SUCCESSORS - RUN WITH LAND This AGREEMENT shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and understood that this AGREEMENT shall be filed for record in the Office of the County Recorder of the County of Santa Clara, State of California and that the covenants in this AGREEMENT shall run with the land, a description of which is contained in Exhibit B,V 4 which is attached hereto and made a part hereof by reference, and ' is for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO44' Yf. 2,4-S.,,, Approved as to form: / . n�AnA , Mayo R/ AL!. a . 1 s • ��r r a //it 1ei City Attorney �i. ,� /.. City Clerk `� Goo-oo � '< - ifi)7` ''. < S, m :�-; �� _` DEVELOPER „, rt . .; ,,,,-',,,,,g; �' '� . _i 1 Bye •4//�.r�(/w —,e.(--/,-./ryIt Notary acknowledgment required f\ Exhibits A and B Attached Page 10 GENERAL ACKNOWLEDGMENT II�� ,r- NO.201 SernaeT..> Z®3� P,.:. 454, .rte State of CAC I ha-Al/Q On this the l2_dday of OC To /3e/t-, 19 -before me, } SS. O 7 County of Sed tarovcrs Co . 1111 the undersigned Notary Public,personally appeared O OFFICIAL SEAL ( All / / /7, n �z a ���/�� /310-1z.-- /Z_ 6 yi. ti Al /f v eV /Jy 6 r.' ., CHING YUN OH �fro) NOTARY PUBLIGCALIFORNIA &'-1 o) City and County of SAN FRANCISCO �—personally known to me 6 '.n'*.fOr My Commission Expires May ID,1985 6 ❑ proved to me on the basis of satisfactory evidence ) to be the person(s)whose name(s) subscribed to the within instrument,and acknowledged that executed it. WITNESS my hand and official seal. Notary's Si;? r( urev o - ,2rrr,2rrr rrrrradge+ ,f. ;-.Pnat- 2r rrrrlr.rr..rrrrrlrrrr O9O r' 455 EXHIBIT "A" All of that certain parcel "A" depicted on that certain map filed for record at Book 242 page 16, Santa Clara County Records, 9/10/68. • • • • • AC -i . _ A ,'�: C. 239 : 01-RV CEnT.:ICATE . _ . , ..-c. ,__-c._:�fNionC.. •. at c __9arO:zl:rAe: 196A • ' c i .. -asJ-sr:ere-,R- r..tia..-ca 9:c ‘,,: a130t lq •V• 6 . • '+N . :_s_ Y E.••,J 101.CL `': : a • Y . z COUNTY SURVEYOR'S CERTIFICATE f.-` <, This ma:has been exon.ine.f:r mnfarmance wiih'r..e L:o::crveve.'s.Aci Er: :casz •/ b' 6„!_=av or-� be.tPbc 1966. In s6 — a• _?..:°= . F.. y PARCEL"3" :way __ 0.462:4a.A.1' °_ r a__r • 0. Q Eli 09_ ! N 4 • Ill ¢ 23: cai I. z l Carl Q-/ m RECORDER'S CERTIFICATE. ik. GB 91 lace :0:3 -j OI ':a Ha:3Y.$ 2;Ag__Fair" x.a•:Ya,=. eoSss Fiiz:this./Q,..'t-_. =- len�5q,!F33,:63' 30 4. _ -444____ .J1 •e'••• /6_:: a n::es:c hemas 0.4zneerscr. - J• c O: 0/ GEORGE:FOWLLES.Ceur•P¢Ramer • A--5 U N N Y V A L E ' nl• -- Capin? • 1 CO 0 . • -0 1_ . C7 EXHIBIT "B" CFI 8270'.44 J090PAtE457 FILED fOR RECORD A'_REfil1ESOF , ` ales.* W""'O Dec 5 R OO 1111 OFFICIAL RECORDS SANTA CLARA COUNTY ' � GEORGE A. MANN 17 /`T RFrisTRAR RECORDER-Mot 0 1 RESOLUTION NO. 6432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING IMPROVEMENT PLANS OF PROPERTY LOCATED ON THE EAST SIDE OF SO. DE ANZA BOULEVARD SOUTH OF SILVERADO AVENUE; DEVELOPER, HAM PROPERTIES (ALLAN G. BYER) , AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the improvement plans of property located on the east side of South De Anza Boulevard south of Silverado Avenue by BAM Properties (Allan G. Byer) ; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said agreement and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. The improvement plans herein referred to are hereby approved. b. The City Engineer is hereby authorized to sign said improvement plans. c. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of October, 1984 by the following vote: -1- Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks,: Johnson NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Phil N. Johnson Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk -2- RESOLUTION NO. 6432 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Commercial BAN Properties (Allan G. Byer) LOCATION: East side of South De Anza Boulevard South of Silverado Avenue A. Faithful Performance Bond: $7,000.00 Seven Thousand and no/100 Dollars B. Labor and Material Bond: $7,000,00 Seven Thousand and no/100 Dollars C. Checking and Inspection Fee: $ 420.00 Four Hundred Twenty and no/100 Dollars D. Indirect City Expenses: $ 63.00 Sixty-three and no/100 Dollars E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $4,356.00 Four Thousand Three Hundred Fifty-six and no/100 Dollars G. One Year Power Cost: $ 36.00 Thirty-six and no/100 Dollars H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: N/A K. Water Main Extension Deposit: N/A L. Maps and/or Improvement Plans: By Developer -3- AGREEMENT This AGREEMENT made and entered into this 9th • day of October , 19 84 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and BAN PROPERTIES (ALLAN G. DYER) hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application and is securing a building permit from CITY to construct and maintain a commercial development, hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by Whaley and Associates, a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full ; now THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds , Fees, and Deposits as set forth in the following schedule : Page 1 SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category : N/A PART A. Faithful Performance Bond: $7 ,000 .00 Seven Thousand and no/100 Dollars PART B . Labor and Material Bond: $7,000 .00 Seven Thousand and no/100 Dollars PART C. Checking and Inspection Fee: $ 420 .00 Four Hundred Twenty and no/100 Dollars PART D. Indirect City Expenses: $ 63 .00 Sixty Three and no/100 Dollars PART E. Development Maintenance Deposit: $ 250 .00 Two Hundred Fifty and no/100 Dollars PART F . - Storm Drainage Fee: $4 ,356 .00 Four Thousand Three Hundred Fifty-Six and no/100 Dollars PART G. One Year Power Cost: $ 36 .00 Thirty-Six and no/100 Dollars PART H . Street Trees: By DEVELOPER PART I . Map Checking Fee: N/A PART J . Park Fee: N/A PART K. Water Main Extension Deposit: N/A PART L. Maps and/or Improvement Plans: By DEVELOPER Page 2 - • NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the : =1 property shown on r t "A" , which is attached hereto and ,.` ade a part hereof by refere Said dedicated property shar'i' be free and clear of all lie - or encumbrances except the which the CITY shall waive in write The DEVELOPER agrees no,- to revoke said offer of dedication, - -.d to keep said off-s open until the 'CITY accepts offer by resolut B . Upon execution ..f this AGRE / NT the DEVELOPER agrees to deliver a properly execute., •rant dee?f to the CITY of the real property described in ExhiCt "A" , and such other executed conveyances, or instruments n- es ' y to convey clear title as herein required. The DEVELOPER tall provide, at the DEVELOPER' S sole cost and expense, to the Cit / , (1) A preliminary title,*rep.- , t issued by a title insurance company relating to ,ee pro.' ty offered for dedication; said Preliminary Tit.-^- Report s =11 be furnished by N/A (2) A standard po: ' cy of title ins .nce issued by a title insurance comp, - and insuring the - ITY in the sum of: N/A, and whic =hall show said propelfree and clear of all liens or `ncumbrances except those -s the CITY shall expressly w:' ve in writing; said policy s - 1 be furnished at the tit- of acceptance of dedication and -cordation of • deed. • C. `•on the condition precedent that the DEVE —ER shall perform each d every covenant and condition of this AGREEMENT, the CITY • rees to accept said real property offered for dedication . 2 . INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In -the event the DEVELOPER fails or refuses to complete the 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. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done Page 3 • • in accordance with. existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public 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. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER SECURITY A: Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 • the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER' S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier' s check, or a certified check payable to the order of the City of Cupertino or, 3 . A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6 . CHECKING AND INSPECTION FEE It is further agreed that 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, the amount as set forth herein at Page 2 (Patt C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . Page 5- • 7A. MAP 'FILING FEE • t is further agreed that the DEVELOPER shall t ;_.• .'-. with CITY, prior o ca i•onm•a +_ ., AGRE V t - - o ice checking of final map and field ch stFe-etammonumentt in compliance with Section ,o..-- v-':inance No. 47 (Revised 12/0476TrsteofmemC. as set forth herein at Page 2 (Part I) . +�' 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9A. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F) . 9B. WATER MAIN EXTENSION DEPOSIT mftZham.malyELOPER further agrees 'to deposit with the b+hose monies requi " . with "Policy on _ -. ain Extensions Work and Deposits" date. ig . _ -. it shall be held by the CITY until said mo..'., - -re needed to imp 'ettt ' provements outlined b , — w-rector of Public Works or improvements o ed w' .,'._ adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full - amount due. 10 . ONE YEAR POWER COST It ' is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 11. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. • Page 6 • • • 12. PARK FEES I ___ her a• reed that t a s all pay such fees and/or dedicate su"►-u. - «;_. CITY, prior to execution, as is required wi . _:• Dedication Or.ina""-•°• - , .. s-v 602, 1972, and whic. _:. :' rurther stipulated under Part J, Page 2 herein. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with 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. 16 . CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five--(5)- year rental fee of said hydrants. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said Page 7 . property and ' any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific Teltphone and Telegraph Company that said fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is 'provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said 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. 20 . HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER' S agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the 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 be excess insurance only. Page 8 • • A. Each ' of said policies of insurance shall provide coverage • in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 ' on account of any one occurrence with an aggregate limit of not ' less than $200,000 . B. The. DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or • reduction in coverage without giving the City Engineer at least ten (10 ) days advance notice thereof. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to. municipality and political subdivision. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. B. A mylar sepia and thirteen (13) prints of fully executed tract maps. C. A mylar sepia and eleven (11) prints of fully executed improvement plans. D. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed, that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. Page 9 r. • . , I . IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto ‘ caus4a his name to be affixed the day and year first above written . CITY OF CUP 'TING 'Approved as to form: lila . �/ City Attorney ' City Clerk ��>�-0{ 9-67 STATE OF CALIFORNIA 1r County of San Francisco J SS. gam agfirdirEr On September 13, 1984 before me, DEVELOPER the undersigned, a Notary Public in d and for said County and State, personally / if appeared Allan G. Byer to be the person /I,Fn < whose name subscribed to the within � instrument and acknowledged that he B e - . executed the same. Notary Acknowledgement Required ofnC-AtstAk . `a 5 CHING YUP�OH ' !'-fait 4 NOTARY PUBLIC-CALIFORNIA -' c.) City and Caunry al SAN WWI 08 'b ' ft ply Commission EOMairs 10.1985 CL1:5 Ya•.., 619�h -- Page 10