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88-060 Jan H.W. Stoeckenius & Julia J. W. Tien, Deferred Agreement for Improvement of Frontage Along 22386 Cupertino Rd, 9828:167 WHEREl\S, there has been presented to the city Council an agreement for the :i.n;lrovement of the street frontage along CUpertino Road by Jan H. W. , stoeckenius an::1 Julia J. w. Tien; an::1 . K 673PAGE 388 WHEREl\S, developer has paid the following fees in accordance with the agteenert: stann Drainage Fee water Main Eld:ension $:1.,290.00 $1,352.70 WHEREl\S, said proposed agreement contains provisions for the construction of streets, CUl:bs, gutters, sidewalks, and for other :i.n;lrovements within a pericd of five (5) years an::1 six (6) m:mths from the date of execution of said agreement; and said agIeellisllt havin;;J been approved by the City Attorney; :N!:m, 'l'FlEREFQRE, BE IT RESOLVED, that the afoI"ell'eIltioned agreement is hereby approved; and the city En3ineer is hereby authorized to sign the final plans when presanted by the developer; and the Mayor an::1 the. city Clerk are hereby authorized to execute the agreement herein referred to in behalf of the city of cupertino. , BE IT FtIRI'HER RESOLVED that the city Clerk is hereby authorized to file said agreement with the santa Clara County Reco:rder. PASSED AND AOOPI'ED at a regular neetin;;J of the City Council of the city of CUpertino this 15th day of August , :1.988, by the follC7.\fin;J vote: Vote Members of the city Council AYES: Johnson, Koppel, Plungy, Rogers, Gatto NOFS: None A.BSENr: None ABSTAIN: None ORIGINAL " K67~PAGE 389 , ,l\ .- RESOIIJTION NO. 7584 A'ITEET: 1\PProVED: Is/ Dorothy Cornelius lsi John M. Gatto City Clerk Mayor, city of CUpert:ino .. I : ~ -- , ' · ) ,. " " ", \. ~, .... " j AGREEMENT 22386 CUPERTINO ROAD K673PAGE,390 'Ibis AGREEMENl' made an:i ente:J::ed into this _----"'--'f_1i_____ day of fh.~g,Jc , 19.iL, by an:i between the CI'l')!' OF OJPERl'lNO, a municipal corporatiOn of the state of califomia, hereinafter designated as CI'l')!', and JAN H. W. STOECKENIUS & JULIA J. W. TIEN hereinafter designated as DEVEWPER. WITNESSETH WHEREAS, the DEVEWPER has made application to the CI'l')!' for BUILDING PERNIT to const:ruct an:i maintain A SINGLE FANILY DWELLING he:teinafter referred to as "Project." "WHEREAS, the CI'l')!' hereby agrees to petmit DEFERMENT of the required development improvements in accordanc:e. with the provisions of this AGREEMENl'; arxI; 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 an:i; WHEREAS, the DEVEWPER 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 DEVEWPER 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 previsions of this AGREI!MENT, the CI!J!'l hereby established the am.::nJnts of Bonds, Fees, and Deposits as set forth in the follcw:il-lq schedule: K673PAG~ 3!tl llnprovement: category .. N/A PARr A. FaithfUl Per:formance Boni: PARr B. labor and Material Boni: PARr C. Oleckinq and Inspection Fee: Deferred PARr D. In:ll:!:ect. City Expenses: Deferred PARr E. Development Maintenance Deposit: Deferred PARr F. storm Drai.nage Fee: $1,290.00 ONE THOUSAND TWO HUNDRED NINETY AND 00/100 DOLLARS PARr G. One Year ~er Cost: Deferred PARr H. street Trees: PARr I. Map Chec:ld.n.;; Fee: N/A PARr J. Park Fee: N/A PARr 1<. water Main Extension Deposit: $I, 352. 70 ONE THOUSAND THREE HUNDRED FIFTY TWO AND 70/100 DOLLARS PARr L. Maps an::vor Dtipzovemenl:. l?J.ans: Deferred Page 2 -, NeM, 'lliEREl'ORE, IT IS HEREBY Mtl'lUALLY AGREED :by an:'! between the parties hereto as follows, 'IO WIT: 1. DEDICATION K673PAGE 392 A. The IlEIlEWPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof :by refe:i:ence. said dedicated pttJp"art:.y shall be free and clear of all liens or e!'lCllIlIbranc except those which the CITY shall waive in writing. The IlEIlEWPER agmes not to :revoke said offer of dedication, an:'! to keep said offer open \lnti.l the CITY accepts offer :by resolution. B. Upon execution of this AGREEMENT the IlEIlEWPER agmes to deliver a pttJp"arly exec:u:ted grant deed. to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instl:uments necessazy to r::arrvay clear title as herein required. The DEVEIDPER shall provide, at the IlEIlEWPER'S sole cost and expense, to the City: (1) A prelimina:r:y title report issued :by a title .insurance company relatin;J to the property offered for dedication. (2) A stardard policy of title insurance isSued :by a title .insurance company and insuring the CITY in the sum of: N/A and which shall shcM said property free and clear, of all liens or e!'lCllIlIbranc except those as the CITY shall expressly waive in writin;J; said policy shall be fw:nis1led. at the time of accept:ance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perfOl'l1l each and every covenant and con:lition of this AGREEMENT, the CITY agmes to ac:oept said real property offered for dedication. 2. mSTAuATION OF 00!lK It is further agreed that:. A. 'lbe DEVEIDPER shall install and complete the Work within one (1) year from the date of ~on of this· AGREEMENT, or such longer period as may be specifically authorizEd in writin;J :by the City Engineer. In the event the DEVEIDPER fails or refuses to complete the Work within the specified period of tillie, the CITY, at its sole option, shall be' authorizEd to c:omplete the Work in Wbatever 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. 'lhe DEVEIDPER shall install and complete the Work in a good and w:dananl.:l.ke manner in aoco:ttlance with the plans as approvEd by the City Engineer of Olpertino. 'lhe Work shall be done in accordance with existing oxdi.nances and resolutions of the CITY and in accordance with all plans, specifications, staOOards, sizes, lines, and grades approvEd :by the City Engineer. 'lhe Work shall be done in a.ccoJ:t'lance with all state and county statutes applicable hereto. 'lhe decision of the City Engineer shall be final as to whether any material or workmanship meets the standa:!:ds, specifications, plans, sizes, lines and grades as set forth. Page 3 -' K 673PAGE 393 C. It is further agreed that the Work shall be done in aCCOJ:dance with the most current stan:W:d Specifications of the Department of PUblic Works, california Department of Transport:ation, state of california, and in accqrdance with the specifications of the CUpertino sanitary District , ~ applicable. Whe:!:ever the wotds "state" or "california Division of Highways" are mentioned in the state Specifications, it shall be considered as mfen-:irq to the Cl'I'l!' of CUpertino; also wherever the "D:iJ::ector" or "Director of PUblic Worksll. is mentioned, it shall be considered as mfen-:irq to the City ~. In case of conflict between the state Specifications and the specifications of the Cl'I'l!' and/or the OJpertino sanitary District, the specifications of the Cl'I'l!' and/or the CUpertino sanitary District shall take p:t'Il!Cledence over and be used in lieu of such conflict:irq portions. 3. EXCAVATION P.ERMIT It is further agreed that the D!M!IDI?ER shall coroply with section !three of Ol:dinance No. 130 of the Cl'I'l!' :by obtaining an excavation pe:nui.t :ftI:mI the City Engineer before the COIIllIYi!llCeIt of any excavation in, on, or under the surface of any ex:isti:nq public st:r::eet, lane, alley, sidewalk, or other public place. It is, further agreed that the D!M!IDPER shall notify the City Engineer of the exact date and time 'When the ptoposed excavation is to commence. 4. (JJI'.IcrAIM DEED It is further agreed that the D!M!IDPER, 'When reqp.ested :by the Cl'I'l!', shall quitclai:m all his rights and interests in, and shall grant to Cl'I'l!' authorization to extract water :ftI:mI the un:3e:!:groun:l strata lay:irq beneath said project and D!M!I£)I?ER agrees to execute a lI~tc1aim Deed and Authorization" in favor of Cl'I'l!', 'When presented to him for signature. S. :oom:s AND OIHER SECtlRI'I'Y A. 'Upon the execution of this AGREEMENI', the D!M!IDPER shall file with the Cl'I'l!' a faithfUl perfoJ:ll1anCe born to assure his full and faithfUl perfOJ:manCe of this AGRmIENT. ~ penal sum of said faithfUl perfOJ::ll'lal1ce bOnd shall :be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicatecl., and any ilnprovements to be made under this JIGREEMENl'. In the event that i.Jrprovemants are to :be made under thisAGREEMENI', the DEVEJ:OI?ER shall, in addition to said faithfUl perfOJ:manCe, file with the Cl'I'l!' a labor and materials born in a penal sum adequate to assure full payment of all labor and materials required to construct said :\nq;lrovem.nts. ~ aTOOllIlt of said bonds shall :be as designated by the City Engineer. said bonds shall be executed :by a surety ccmpany authorized to transact a surety :business in the state of california and must be approved l:ly the City Attomey as to form and :by the city ~ as to sufficiency. In the event that the D!M!IDI?ER shall fail faithfully to perfOl:l!! the covenants and con:iitions of this JIGREEMENl', or to make any payment, or any decHcation of land, or any :\nq;lrovem.nts herein required, the Cl'I'l!' shall call on the surety to perform this J\GREEMENl' or othetwise :imemnify the Cl'I'l!' for the D!M!IDPER'S failure to so do. Page 4 ; ~. " K673PAGE 39'4 B. In lieu of a surety l:Ion:l., the DEVEIDPER my elect to secure this AGRmIENT by depositi:r:q with the CITY: 1. cash; or, 2. A cashier's cheCk, or a certified cheCk payable to the order of the Cit-.l of CUpert:lno or, 3. A certificate of deposit, or instrumrant of credit :meeting the :requ.irement:s of Government Code section 66499 (b) or (0) • C.' 'lhe ana.mt ~f said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Err;yineer, ani shall be the equivalent to that whidl would have been required. had the DEVELOPER furnished the CITY with a surety l:Ion:l.. In the event that the DE.VEIDPER shall fail faithfully to perfo:cn the covenants ani o:mlltions of this AGREEMENl', or to make a.rr;{ payment, or a.rr;{ dec:UC<ltion of lard, or a.rr;{ improvements here:in required, the CITY my apply the proc:eedsof said security thereto. , . D~ No release of surety l:Ion:l., cash deposit, cheCk, or certificate of deposit, shall be rrade except upon appl:CVal of the City COUncil. E. No:interest shall be paid on a.rr;{ security deposited with the CITY. 6. C:lECKlNG AND lNSPECI'ION FEE It is further agreed that DEVELOPER shall p<f'j a.rr;{ ani all necessary direct expenses for inspection, cllecki:r:q, etc., incurred by CITY in connection with said. Project, ani that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENl', the ana.mt as set forth herein at Page 2 (Part C). Should oonst:ruot:ion cost vary mterially from the est:bnate from mich said sum is calculated, the City Err;yineer shall notify DEVEIDPER of a.rr;{ additional sum due ani CMi:r:q as a result thereof. 7. 'INDIRECT EXPENSES It is further agreed that DEVELOPER shall p<f'j to CITY, prior to execution of this AGREEMENl', ilx:llrect expense allocal:lle to processi:r:q ,these improvements, the ana.mt as set forth here.in at Page 2 (Part D) • 7A. MAP FILDiG FEE It is further agreed that the DE.VEIDPER shall deposit with CITY, prior to execution of this AGREEMENl', for office checking of final. l!lap an:i field cllecki:r:q of street m:muments, in CCIIlPliance with Section 4:1 of Ol:dinanc:e No. 47 (Revised 12/04/61) of CITY, the ana.mt as set forth herein at Page 2 (Part I) • PageS K 673PAGE 395 s. It is further agreed that the DEVEIDPER shaU pay to the crI"l, prior to execution of this ~, the amount set forth herein at Page 2 (J?art E) as a deVelqment maintenance deposit to insure proper dust control am cleaning dur.in;J the construction period. '!he deVelqment maintenance deposit may be utilized for repairs of defects am i:ltperfecti.ons arising out of or due to faulty '<IOrklllanship an:3jor materials appear.in;J in said '<IOrk dur.in;J the period until release of the .i.mproII'ement: boIxls by tI:le CIT\!.'. Should the DEVEIDPER lXIIIIplete the required repairs to the entire satisfaction of the crI"l, the unused balance will be returned. after the release of tI:le improvement: boIxls. SA. S'ltlRM mAINAGE FEE It is further agreed that the I:lE'I1Er.DPER shall· deposit with the crI"l, prior to execution of this AGREEMENT, a storm drainage charge in .' connection with said Project in accordance with the requirements established in Resolution 4422, M'a.'I:dl 21, 1977, in the amount as set forth herein at Page 2 (J?art F). 9B. i'll'l.T.I!!R MAIN Elfl'ENSION DEKS1T '!he DEVEIDPER further agrees to deposit with the crI"l those m:mies required to comply with "Policy' on water Main Eld:ensions Work am Deposits" dated 9/30/77. '!he deposit shall be held by the crI"l until said m:mies are neede'J to implement: improvements outlined by the Director of Public Works or improvements outline'! within the adopted water Master Plan (PARr K, Page 2). 10. ONE YEAR mvER a:IS'l' It is further agreed that the DEVEIDPER shall pay to crI"l prior to executicn of this ~, the amount as set forth herein at Page 2 , (J?art G), 1rIhich amount represents the power cost for street lights for one year. . ll. THE INS'WLM'ION OF S'lREEl' TREES It is further agreed that the DEVEI.OPER shall, at such time as deemed ""app:t"""'upr"..,..iate by the City Enqineer, plant street trees in conformance with the stamrm.'ls of the City of Olpertino. variety of tree shall be selecte'l fran the City approved list. 12. PARK FEES It is further agreed that the DEVEIDPER shall pay such fees an:3jor dedicate such lam to the crI"l, prior to execution, as is required within. "Park Dedication Ominance" NUmber 602" 1972, am 1rIhich is further stipulated unJer J?art J, Page 2 herein. Page 6 , " K673PAGE 396 13. MAlNI'ENl\NCE OF ~ , 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 st.amards and specifications for the Work. The DEVELOPER shall, UJ;X>Il written notice thereof, immecliately repair or replace, without cost or obligation to the City of CUpertino, and to the entire satisfaction of said c:rr:i, all defects and hnperfect:ions arising out of or due to faulty worknmlship amjor materials appearing in said Work. 14. SANlTAID!' DISTRICl: It is further a~ that the DEVELOPER shall file with c:rr:i, upon execution of this AGREEMENl', a letter from the CUpertino sanita:!:y District statin:] that the DEVELOPER has entered into a separate AGREI!!MENl' with the said District to install sanita:!:y sewers to serve all lots within said I?roject and statin:] that a borxi to insure full and faithful performance of the construction of the said sanitary sewars and to insure :maintenance of said sanitary sewer in confomance with the prcwisions as set forth in Paragraph 13 alx:lve has been filed. 15. GC>VmlMENT roDE It is :fUrther agreed that DEVELOPER shall file with c:rr:i, upon execution of this AGREEMENl', substantial evidence that all prcwisions of Sect:i~ 66493, Article a, Cl1apter 4 of the GoVernment Code, pertaining to special a.ssessrents or lxlrds, have been complied with. 16. CEN'l'RAL FIRE DISTRICl: It is further agreed that the DEVELOPER shall file with the c:rr:i, upon execution of this AGREEMENT I a letter from the central Fire I?rotection District of Santa Clara County I statin:] that the DEVELOPER has entered into an AGREEMENl' with said District to install fire hyt:lrants to serve said I?roject and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hyt'!rants ; 11. SmEET LIGHrmG It is further agreed that the DEVEIDl?ER shall apply for the installation of electric pc:Mer for street lighting at the earliest date possible. la. PACIFIC GA'3 AND EI.ECllUC/PACIFIC BElL It is further agreed that the DEVE!.OP.ER shall pay to Pacific Gas and Electric ~ amjor to Pacific Bell any and all fees ~ for installation of overhead amjor un::tergrouni wiring circuits to all electroliars within said prope:i:ty and any and all fees ~ for ~ as prcwided in O:tdinance No. 331 of CIT.{ when DEVELOPER is notified by either the City EI:qineer or the Pacific Gas and Electric COrrg;lany amjor Pacific Bell that said fees are due and payable. Page 1 K 67 3PAGE 397 It is further agreed that aIrf easerent ani right-of-way necesscu:y for completion of the Project shall be acqu:ired by the DEVErDPER at his own cost ah::'l expense. It is provided, however, that in the event eminent domain p:roceecl.in;Js are required by the c:::rr.l for the purpose of securing' said easerent ani right-of-way, that the .DEVE!DPER shall deposit with c:::rr.l a sum caverin:.:r the reasonable market value of the lani proposed to be taken ani to be i:ncJ.uded in said sum shall be a reasonable allowance for severance dalIIages, if aIrf. It is further provided that in addition thereto, such sums as may be required for legal fees ani costs, en;yineerin:.:r, ani other incidental. costs in such reasonal:>le amunts as the c:::rr.l may require shall be deposited with the City of CUpertino. 20. HOID HA'ElMI.E5S It is further agreed that, cx:amnencin:.:r with the perfomance of the Work by the DEVErDPER or his contractor ani continuing until the completion of the maintenance of the WOrk, the DEVErDPER shall indemnify, hold harmless' ani defeni the c:::rr.l from ani against aIrf or all loss, cost, expense, damage or liability, or claim thereof, oc::qmioned by or in aIrf way '-Ihatsoever arisin:.:r out of the perfomance or IlCuperfomance of the Work or the negligence or willful. misc:ordlct. of the DEVE!DPER or the DEVErDPER I S agents, employees ani in:'iepenlent contractors. 21. INStllWlCE It is further agreed that: '!be DEVE!DPER shall take out, or shall require aIrf contractor engaged to perform the Work to take out, ani IDaintainat all times durin:.:r the perfomance ani maintenance of the Work called for or required to be done hereur¥ier, a policy of insurance naming the CITY ani members of the City council of the city of OJpert:ino, individl.lally ani collectively, ani the officers, agents ani employees of the City individnaJJy ani collectively, as insured. said separate policy shall provide l:Jcdil.y injw:y ani PIQ.treXty dalIIage coverage to the foregoin:.:r named c:::rr.l ani individuals coverin:.:r all the WorIt perfOtmed by, for, or on behalf of said DEVErDPER. Eot:h l:Jcdil.y injw:y ani ptoperty dalIIage insurance must be on an cx::currence basis; ani said policy or policies shall provide that the coverage afforded thereby shall be primaty coverage to the :fUll limit of liability stated in the declarations, ani if the City, its members of the City Council individllaJ ly ani collectively, ani the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy e>r policies, that other insurance shall be excess insura.nce only. A. Each of said policies of insurance shall provide coverage in the follow1n;r m.in:I.mum a:nomts: For l:Jcdil.y injw:y, $100,000 each person; $300,000 each occurrence, property dalIIage, $50,000 on account of aIrf one occurrence with an agglEqate limit 9f net less than $200,000. Page 8 .' : K 67 3PAGE 398 B. '!be DE\1EIOPER shall file with the City En;ineer at or prior to the time of execution of this ~ by the DEllEI:DPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said city En;1neer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without givin; the City En;1neer at least ten (10) days advance notice thereof. C. In the event that the Project covered herein should be l!1Utually situated in or affect the area of jurisdiction of a separate nn.micipality or political suJ::division of the state of california, the policies of insurance requirec1 herein and alxlve shall co-name such nn.micipality or political suJ::division and the provision set forth herein and alxlve for the protection of the c:r:n: shall equally apply to nn.miclpality and political suJ::division. 22. MAl?S AND/OR :IMPFDVEMENT PIANS It is fu:I::ther agreed that the DEVELOPER shall furnish c:r:n: with the followin; maps and/or plans at his own expense: A. B. plans. A mylar sepia and seven (7) prints of fully executed parcel :maps. A mylar sepia and ten (10) prints of fully executed i:mpJ::ovement c. A direct duplicatin; silver negative microfilm aperature card of all executed inlprovement plans and :maps. It is agreed that the sepia, prints and microfilm of maps will be fum.ishe:l within one :month followirg recordation at the County of santa Clara. It is also agreed that the sepia, prints and microfilm for i:mpJ::ovement plans will be fum.ishe:l within one :month followirg the signing of the plans by the c:r:n:. 23 • ,I:ll!lFERME:Nl' It is fu:I::ther agreed that the DE\1EIOPER shall furnish, construct and install at his own expense, either upon six (6) :months notice from the c:r:n:, 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 the date of this AGREEMENT, the followirg inlprovements: Street improvements including but not limited to asphalt street with aggregate base, curb, gutter, street lights, and miscellaneous appurtenances as stipulated by the Director of Public Works. Page 9 , • ;:J 'II! .' (In9ividua/) STATE OF CALIFORNIA K 673PAGE 400 } ss. COUNTY OF 6fMJrA. Ck8~1J On ,/;(/6--vL,~ //,; I'll? before me, the undersigned, a NotatyPublic in and for s~ld State, personally appeared JIht}. If., tv I SWf. CJ'.~,u I V 5 rrttJ p .00 L\ A-..;:1, w. =r I t2etU -. ____ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~ whose name5 aep-' subscribed to the within Instrument and acknowledged that -=l...!.:4!....!::.;r't:xrrr.-;-;;-:;---;:--='~~ __ ,;;;;;; executed the same. WITNESS'E and official seal. ~ Signature~ahb~ 2l(2t(~ "VAe.~E.c\> ""'-1A.-Ai\\\\'JIY'=! ,~~~~~~=S==~ Name (Typed or Printed) (This area for official notarial seal) ~A\I .. n .. 1"7/0"1\ , \ • , , .~. . , , ' K 673pt'lGE 399 Until such notification is :made by ClTi!', or such time has elapsed, sections numbered 2,3,5,6,7,8,10,11,13 &17 are hereby deferred. The DEIlEIDPER :Eurt:her agrees to cooperate, upon notice by the ClTi!', with other property owners, the ClTi!' and other public agencieS to provide ~ improvements set forth herein under a joint cooperative plan, including the fornation of a local improvement district, if this methcx:1 is feasible to secure the installation and construction of the i:mprov'ements. 24. st1CC!ESSORS -RUN WI'IH lAND -A.P.N. 326-50-23 This AGREEMENT shall bind the heirs, administrators, execu.tors, successors, assigns' and transferees of DEIlEIDPER. It is agreed and understocx:1 that this AGREEMENT shall be filed for recom 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 Eldtibit B, 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, ClTi!' has caused its nama to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEIlEIDPER has hereunto caused his name to be affixed the day and year first above written. ApproVed as to fol:ltl: All signatures require notaJ:y acknoWledgment. EldUbit ., .~ , B A.."ta~ Page 10 (Rev. 3-1986) • EXHIBIT B K673PAGE 401 All that certa'in real property situate in the State of California, County of Santa Clara, City of Cupertino, more particularly described as follows: All of Lots 17, 17A and the Westerly 35.12 feet, front and rear measurements of Lot 5, as shown upon that certain Map entitled, "Map of Inspiration Point, Monta Vista", which Map was filed for record in the office of the Recorder of the County of Santa 'Clara, State of California on April 11, 1917 in Volume "p" of Maps, at Page 18.