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84-080 South Bay Construction Company, Resolution #6450 ,PH 8270255 FILED FOR RECORD AT REQUEST Or DEC 5 8 47 AH 'gq OFFICIAL RECORDS SANTA CLARA COUNT`.' -EORGE-A.- WU( I�' ISTRAR RECORDER - , NO FEE IN ACCORDANCE RETURN TO CIT7g WITH 60V CODE 6103 OF CUPERTINO 10300 TORRE AVE. y � CUpERTINO, T CA 5014 RESOLUTION NO. 6451 J ®3O Phi= 487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF DEFERRED AGREEMENT WITH SOUTH BAY CUPERTINO, A CALIFORNIA LIMITED PARTNERSHIP FOR MISCELLANEOUS MUNICIPAL IMPROVEMENTS, INCLUDING UNDERGROUNDING, OF FRONTAGE ON THE WEST SIDE OF SARATOGA-SUNNYVALE ROAD NORTH OF PROSPECT ROAD WHEREAS, there has been presented to the City Council an agreement for the improvement of the street frontage on the west side of Saratoga-Sunnyvale Road north of Prospect Road by South Bay Cupertino, a California limited partnership; 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 the said agreement for the improvement of street frontage on the west side of Saratoga-Sunnyvale Road north of Prospect 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. 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 ' z! nnn, yA,” • rlr�59 GI. 1,I1, 4. NOES: None THIS � � r45kv � v�ET iN NNSTRUk fl pATyWU ��" M1D� '�h%;:11-11H ECTCE]'E ODF THE & TSTA•I` •.r i� j`� � fFw'��I"t4 f7F�ICE:, ABSENT: None �` c `, `,;� r �` 7 � eir ATTEs. .a? , >'9 �, ABSTAIN: None �ITv c -�:a`ictr 2� '.R EN® 4 Y f SlOtE }. APPROVFIDYY 4,---.6=7"-A .--.6/ ..�y1< "(4 ehl. ;; 'd.n6 1-1 tr' /s/ Phil N JohnsotiV1'}• ') j f, . • , Mayor, City ofCupertino° ATTEST: /s/ Allison Villarante Deputy City Clerk fiteera RETURN TO CITY' NO FEF: IN ACCORDANCE • OF CUPERTINO WITH 6OV CODE 6103 10300 TORRE AVE. CUPERTINO, CA 95014 090 PnC 488 AGREEMENT This AGREEMENT made and entered into this 19th day of November , 1984 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and South Bay Cupertino, a California Limited Partnership ,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 a Commercial Development. 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 J 090 i 489 • WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule : SCHEDULE OF BONDS, FEES AND DEPOSITS Improvement Category - N/A PART A. Faithful Performance Bond: Deferred *(Median, undergrounding & Driveway Improvements) PART B . Labor and Material Bond: Deferred *(Median, undergrounding & Driveway Improvements) 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 U090 nu 490 - NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties- hereto as follows, TO WIT: a -D-I ON• — --- - - The DEVELOPER offers to dedicate the real proper• show on ' - hibit "A", which is attached hereto and made part hereof by r- erence. Said dedicated property shall be ree and clear of all iens or encumbrances except those w : ch the CITY shall waive in riting. The DEVELOPER agrees not t. revoke said offer of dedicatio and to keep said offer op= until the CITY accepts offer by res.' ution. B. Upon execu ' on of this AGREEMEN ' the DEVELOPER agrees to deliver a properly exec ed grant deed t•- the CITY of the real property described in E 'ibit "A", -nd such other executed conveyances, or instruments •ecessa to convey clear title as herein required. The DEVELOP c. s . 1 provide, at the DEVELOPER' S sole cost and expense, to the City (1) A preliminary ti .. e repo issued by a title insurance company relating to the prope offered for dedication; said . Preliminary Title Report -hall be furnished by DEVELOPER. ( 2) A standar. policy of title insur- e issued by a title insurance -ompany and insuring the C. TY in the sum of: N/A, and ich shall show said property '• ee and clear of all 1• - s or encumbrances except those as he CITYshall expr- =sly waive in writing; said policy shal be furnished at e time of acceptance of dedication and re rdation of • • -ed. C. Upon the condition precedent that the DEVELOPER hall per •rm each and every covenant and condition of this AGREEM ; T, t. - CITY agrees to accept said real property offered - f. •edicatron:--- 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 • :J 090 PACE 491 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 5 abed • (Q gaud) Z abed ip og aTesaq grog asua;asdxe sp ;unome egg 'squemanoxdmT esegq buTssaooid ;aeirpuT INawammv sTgq ;o uoTgnoexe o; xoTxd 'nIIl o; Aad TIEgS maoriatlau ;Eq; peesbP sag;sn; sT qI sasN3dx3 IO2UIQNI •L •;oesagg gTnses E SE bumMo pup anp mns TeuoT;Tppp due uadOTaAac d;rgou TTEgs aeeuTbug AgTD egg 'pe;pinoT-e sT mns pies goTgm mos; a Emt;sa egg mos; ATTETsegpm Area ;soo uoT;ons;suoo pings • (0 gred) Z abed qE uTaxeq g;so; gas SE qunomE eq; 'INaw33Hoy . 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'puoq Agesns P ;o neri uI •E •op os og esnTTE; S ,IiadO'IIA3Q egg so; XIIO egg A;rumepuT esTNsag;o so INaW33EDV Sig; mxo;sad og Agesns egg v0 TTeo TTEgS AIIO egg 'peaTnbas uiasag s;uamenoxdmT Ave so 'puET ;o uoT;PDTpep Atm so 'gueuiAed ALE eNrm o; so 'IN3W33HDB srgg ;o suor;rpuoo pue s;ueUeAoo et;; m=o;xed o; ATTn;gpTE; TIE; TTENS uad0'IIAaa eq; ;pug guano aqq vi •ApueTor;;ns og SE saauTbu3 AgTD aqq Aq pup mac; og SE Aeurog;y A;TO egg Aq panosddE eq ;slam puE eTuso;TTEO ;o age;S egg uT ssauisnq A;erns E ;JEsuEsq o; pezTrog;ns dupdmoo Ageins E Aq pe;noxa eq TTEgs spuoq pips •seauibu3 A;TO eq; Aq pe;Eubisep sp eq TTEgs spuoq pips ;o ;unomp eta •squemanordmT /DIES ;onr;suoo o; pea-Tubas STETregtm• puE sogeT TTP ;o ;uemAPd TTn; exnssp o; agpnbepe mns Teuad E uT puoq sTETsegpm puE roQET E LiIO egg q;-FM elT; 'aovemro;rad Tn;gfTE; PIE'S 0; voTlTPPE uT 'TTEgS E3d0IIAaQ egg ' Z6V 3rsid 060f . " • 3 090 F!CE 493 7A. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior toexecution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4: 1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part 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 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 and adopted Water Master Plan. The amount shown herein at Part R, 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 • • J 090 N" :494 • 12. PARR FEES It is further agreed that the DEVELOPER shall pay such. fees and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. 13. MAINTENANCE OF WORE 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 imperfectionsarising 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, uponexecution 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. r • 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 • • • U090 PAGE 495 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 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 Page 8 • j°9° P4sE 496 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. • 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 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. DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six ( 6 ) Page 9 PARTNERSHIP ACKNOWLEDGMENT NO.203 rr ae+.C49.0.2 ��l , //�-le(rno00.+rr..7lrs rl.�r?ijare ri'rrr ...cc+r//rrrrrrrrr,+rrtees00� .WP3•0•0•• rr? ..^ry.�+�?�j2s+r r • State of ( L(fl1nZ/1teC. On this the '/p ay of Oc � vvv 19 (1%,before me, County of t fart10—10— d \j aihe- l w4`4 ,,c....: S the undersigned Notary Public, personally appeared C5 . 1IG 1 qQmPS 41 U�l/ fit S personally known to me S S --. •. " • --"'" ❑ proved to me on the basis of satisfactory evidence 's �,a� JTIY NEPUB HEN6PoOKXRNI • to be the person(s)who executed the within instrument on behalf of the NOTARY PUBLIC-CALIFORNIA • -". r SANTA CLARA COUNTY partnership,and acknowledged to me that the partnership executed it. : ,tcf uyccmnUs`onesp,aunee.ieeo WITNESS my hand and officials I. SI re �n .. Notary's ignrJ \ ► 5 ..._....... .......,...��......... .�..�.�..........,o.... .en o..aax.w....ri..n um. cn masa • J 090 ME 49® 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 date of this AGREEMENT, the following improvements : SEE EXHIBIT "D" Until such notification is made by CITY, or such time has elapsed, Sections numbered 2 through 21 excepting 9 et al, are 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 . 22 . 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 "C" 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 CUP RT NO al Approved as to form: 1/ / 9 -- r ��y3 4,07-CCr Atto ity Clerk South Bay/Cupertino, a California limited ?artnership -cam �, i'EYVELOPER: B y: /22 c Notary acknowledgment required Exhibits A, B, C, & D ATTACHED Page 10 • • September 24 , 1984 Job No. 284139 • • EXHIBIT "A" :1090 rt499 • AGREEMENT TO REPLACE EXISTING POLE LINE WITH UNDERGROUND UTILITIES ALONG A LINE DESCRIBED AS FOLLOWS : THE SOUTHERLY LINE OF LOT 10 AS SHOWN ON THE CERTAIN MAP ENTITLED "TRACT NO. 124 , SUBDIVISION OF THE VAN DINE TRACT" , AND RECORDED IN BOOK 4 OF MAPS AT PAGE 24 , SANTA CLARA COUNTY RECORDS . • • • • • .._ Saudis and Associates • PUBLIC WOW', September 24 , 1984 s.n•tp Job No. 284139 EXHIBIT "B" 'J 090 NE 500 LEGAL DESCRIPTION FUTURE COMBINED DRIVEWAY ACCESS EASEMENT ALL THAT REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT 10 , OF TRACT NO. 124 , DISTANT THEREON WEST 60 . 00 FEET FROM THE CENTERLINE OF SARATOGA-SUNNYVALE ROAD, AS SAID LOT, TRACT, AND ROAD ARE SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 124 , SUBDIVISION OF THE VAN DINE TRACT" , AND RECORDED IN ' BOOK 4 OF MAPS AT PAGE 24 , SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING, ALONG SAID SOUTHERLY LINE OF SAID LOT 10 , WEST 75 .00 FEET; THENCE' LEAVING SAID LINE AND PARALLEL TO SAID CENTERLINE OF SARATOGA-SUNNYVALE ROAD, NORTH 50 . 00 FEET; THENCE PARALLEL TO SAID SOUTHERLY LINE OF LOT 10 , EAST 75 . 00 FEET TO A LINE PARALLEL TO AND DISTANT 60 . 00 FEET AS MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE OF SARATOGA-SUNNYVALE ROAD ; THENCE ALONG SAID PARALLEL LINE , SOUTH 50 . 00 FEET TO THE POINT OF BEGINNING. • ( 7 I L—._ 1, Sandis and Associates EXHIBIT "C" :1090 PL E 501 All of that certain real property situate in the City of Cupertino more particularly described in the following: All of lots 7, 8, 9 and 10 of Tract 124 filed for record at Santa Clara County Records. Book 4 of Maps at Page 24. . 4 ' - EXHIBIT "D" -- - ' U090 Pry_502 THE FOLLOWING WORK IS DEFERRED: (A) MEDIAN WORK - SARATOGA/SUNNYVALE ROAD The Developer further agrees to contribute toward the reconstruction of medians along the frontage of his property. The contributions shall be in accordance with the "benefit" methods of assessment districts and shall be approved by the City Council. (B) UNDERGROUNDING - SOUTH PROPERTY LINE The Developer further agrees to underground any and all overhead power and telephone or related lines which exist along the property line described in Exhibit "A". The Developer shall pay his "frontage share" of the costs along with other adjacent properties which have frontage on the existing power lines. (C) COMMON DRIVEWAY The Developer further agrees- to contribute toward the reconstruction of the driveway access at the south property line. The Developer shall construct a common entrance and reconfigure his "on-site" parking lot. The work shall only be accomplished along with property to the south. (Ref. Exhibit "B")