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90-044 Jerry Chen; Improvement Agreement; APN #342-14-20; Resolution No. 8293 ij . . AGREEMENT 10152 LEBANON DRIVE APN # 342-14-20 This //AGREE ENT made and entered into this /7'e` ' day of < c e rti,J , 199d , by and between the CITY OF CUJPERT NO, a municipal corporation of the State of California, hereinafter designated aS CITY, and JERRY C. CHEN hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a BUILDING PERMIT to construct and maintain a SINGLE FAMILY DWELLING hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by JOHN OU & ASSOCIATES a true copy of which 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." • File: 51,920 . - _ , q.L ro *T C"� ,ISSUE DATE(M /DDIY1 Ft 40.adtia ACOI!ll. CERTIFICA� OF INSURANCE • .fit is 11-13-90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ' NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Wendy Hong Insurance Services EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 2041 Ringwood Avenue San Jose, CA 95131 COMPANIES AFFORDING COVERAGE (408) 433-5205 LETRNY TEA Nationwide Insurance Co. CODE SUB-CODE _ _ COMPANY B INSURED LETTER Jerry C. Chen, General Contractor C/0 Best Investment COMPANYLETTERC 2296 Quimby Rd. COMPANY San Jose, CA 95122 LETTER COMPANY E LETTER COVERAGES . . ... ., _;� .L '(" :" py ) )v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LT/ - - DATE(MM/DD/YY) DATE(MM/DD/YY) �GENERAL LIABILITY GENERAL AGGREGATE $1,O.OO._ h l COMMERCIAL GENERAL LIABILITY' PRODUCTS-COMP/OPS AGGREGATE $1,000 A CLAIMS MADE X OCCUR. 74 PR504711-0005 11-2-90 11-2-91 PERSONAL&ADVERTISING INJURY $1.000, X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $1.000, FIRE DAMAGE(My one fire) $ 50. MEDICAL EXPENSE(My one person) $ 5 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM - STATUTORY - WORKER'S COMPENSATION $ (100,000 (EACH ACCIDENT) AND A 74 WC504711-0006 11-2-90 11-2-91 $ 500,000 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 100,000 (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS RE: Project at 10152 Lebanon file #51,920 Endorsement attached ICERTIFICATE{HOLDER :rz:'§ ". CANCELLATION • ' C>.`rt.''� -rtx,It . ' �a. .•—• Ss SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE vt City of Cupertino EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL X1KelC 10300 Torre Avenue MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Cupertino, CA 95014 LEFT.XOPXYMNIDOODDSMEODORTECRECOMONOSiDDEXEMI4 XMOTXXIONDGMENDONXIMINOMIONEDIDODMIXIMEMOOXIMEX AUTHORIZED EPRESEN ATIVE 'ACORDY25=5 3/88 2a44± - '=' 'EY. +,:. ' „ ©ACORD,„CORPORA- •19881; Cl.9 z. { r • JFFICE '�' M.O.C. Due Date Change name from State County Region •US_E: ) ( ) ) ENDORSEMENT Subject to all other terms and conditions of the policy, it is understood 141 and agreed that the policy stated below is hereby amended as follows: 1. The City of Cupertino 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 are hereby added as additional insured. 2. Nationwide is rated "Best A+ 15?' • e The following item shall be completed if this endorsement is not referred to by number in the policy to which this endorsement is attached. Attached to and forming part of policy Effective at 12:01 A.M. on policy effective date This endorsement supersedes any prior number: 74 PR504711-0005 or on 11 — 2 — 90 (whichever is later). endorsement numbered: 74 WC504711-0006 Mo. Day Year This endorsement is executed by Nationwide Mutual Insurance Company if NATIONWIDE MUTUAL INSURANCE COMPANY saidCompany has issued the policy to which this endorsement is attached;it NATIONWIDE MUTUAL FIRE INSURANCE COMPANY is executed by Nationwide.Mutual Fire Insurance Company if said Company has issued the policy to which this endorsement is attached. Columbus, Ohio Issued to: — fin/� n n WAC Jerry C. Chen, General Contractor 03. * L 'd - C/O Best Investment Secretary President 2296 Quimby Rd. San Jose, CA 95122 Countersigned at: Authorized Representative: J Awn 402.! _ .R1 PLEASE ATTACH THIS ENDORSEMENT TO YOUR POLICY AS IT CONSTITUTES AN IMPORTANT PART OF THE CONTRACT. • WHEREAS, pursuant to the provisions of this AGREEMENT, the CLTY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: • SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: FOUR THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS AND NO/100 $4,125.00 PART B. Labor and Material Bond: FOUR THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS AND NO/100 $4,125.00 PART C. Checking and Inspection Fee: TWO HUNDRED SIX DOLLARS AND NO/100 $ 206.00 PARD D. Indirect City Expenses: THIRTY ONE DOLLARS AND NO/100 $ 31.00 PART E. Development Maintenance Deposit: FIVE HUNDRED DOLLARS AND NO/100 $ 500.00 TART F. Storm Drainage Fee: TWO HUNDRED NINETY SEVEN DOLLARS AND NO/100 $ 297.00 PART G. One Year Power Cost: THIRTY SIX DOLLARS AND NO/100 $ 36.00 PART H. Street Trees: By Developer PART I. Map Checking Fee: N/A PART J. Park Fee: N/A PART K. Water Main Reimbursement . ONE THOUSAND FIVE HUNDRED THIRTY DOLLARS AND NO/100 $1,530.00 PART L. Maps ardor Improvement Plans: AS SPECIFIED IN ITEM #23 • • • NOW, TARE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as'follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto arra made a part hereof by reference. Said dedicated property shall be free and clear of all liens or • encumbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication. (2) A standard policy of title insurance issued by a title insurance ccmpany and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in . writing; said policy shall be furnished at the time of acceptance of dedication and recordation of.deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEIP, the CITY agrees to accept said real property offered for dedication. 2. mtmuulanom 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 AI3REEMEN!, 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 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 ccmiencenent of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk or other public place. It is furtheragreed that the DEVELOPER shall r notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITOTAIId 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 trder7rntzd strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. I 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, 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 lard, 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 instnment 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 MOMENT, 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 Cancil. E. No interest shall be paid on any security deposited with the CITY. 6. CREQOTIG AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all ner csary 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) . Shaild construction cost vary materially from the estimate frac 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 Aft , indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 8. MAP CHECEING FEE • It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREENFNT, 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) . • • i 9. 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 wilt be returned after the release of the improvement bonds. 10. STORM DPADTh(E 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) . 11. 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 amount shown herein at Part K, Page 2, shall be the full amount due. • 12. 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. 13. THE INSTALLATICH OF suun'' TTMEFS • 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. 14. PARK Mb It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CTTY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. • ' 14-A. PARK Fr22 ADJUSTMENT PROVISIONS • .The value of the lard used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires formal a nfirmaticn. The CITY shall employ a qualified local appraiser to provide a market value of the lard. The City will calculate the "Park Fde" based on the appraisal . The Developer agrees to pay for any deficiency within thirty. (30) days and the City agrees to refurd avenge within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 15. m ThTT Th. a OF 4d3RK • 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 DEVECOPGR shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the. City of CUDertino, and to the entire satisfaction of saidc'T'Y, all defects ansa imperfections arising cut of or due to faulty workmanship and/ormaterials appearing in said Work. 16. SANIZ'-.RY DISTRICT It is further agreed that the DEVELOPER shall file with Cr!, upon execution of this ACE*4ETP, a letter fiu.tu the Cupertino Sanitary District sating that the DEVELOPER has entered into a separate ACREZ/4ENT with the said District to install sanitary seders to serve all lots within said Project and stating that a bondto insure full and faithful performance of the construction of the said sanitary seers and to insure mainterance of - said sanitary sewer in conformance with the provisions as set forth in • Paragraph 15 above has been filed. i 17. GOVEMMENI1 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 Covenant C'niP, pertaining' to special assessments or bards, have been o.uylied with. 18. CF ?U AL Fait. 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 ACREEFLE TT' 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. • 19. PACIFIC GAS AND ELECIRIC/PAC3ffIC BELL . • It is 'further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC FVra, Company any aryl all feel required for installation of overhead and/or undergroundwiring circuits to all elect pliers within said property and any and' all fees required for . i,rriergxcurrii g as provided in Ordinance No. 331 of CLT! when DEVELOPER is • notified by either the City Engineer or the Pacific Gas and Electric Company and/or PACIFIC HELI, Company that said fees are due and payable. 7 j • • • • 20. EASEMENTS-AND RIGID-OF-iTY 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 arrrlition theretosuch 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. 21. BOLD HARMUMS 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 against 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 nanperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 22. INSURANCE It is further agreed that: The DEVELOPER shall take cut, 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 arra 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 indiviially 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. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. a • • 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 aryl above for the protection of the CITY shall equally apply to municipality arra political subdivision. 23. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and seven (7) prints of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY frog the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. 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. • . 1 .. IN WITNESS WHEFIIiF, 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 CDPERTINO: f Approved as to form: �/-i . ./✓A ' .' ' s Mayor / / City Attorney _ y_ ta / i City Cler I - DEVELOPER: j---Z ---2- Notary Acknowledgment Required • SUBSCRIBED AND SWORN TO BEFORE M^E//TUBS— DAY HIS lZtX DAY OF /1/0 I/, . " a CHI -NING CHAN OFFICIAL S?.L- - ""-N CHING-KING S.CHA G °.t--fir at Notary Public-California , e '`�.y2 SANTA CLARA COUNTY , .5.Z ems'_•' My Commission WM , February 6,7992 • 4 • STATE OF CALIFORNIA On this /3-at day of...4/01/804-4cifi the year. ......... ss. before me, COUNTY OF Jade( (.-.t'4/4. .. ("Lai a Notary Public,State of California, ata duly comm'ssioned asworn,personally a peared . . . OFFICIAL SEAL 4401.*.• CHING-NING S.CHANG personally known to me (or proved to me on the basis of satisfactory evidence) to be I st'37,11 Notary Public-California , the person....whose name SANTA CLARA COUNlY , subscribed to this instrument,and acknowledged that. . he . . executed it. 'T My Commission piptiOS o4-40:10 Februciy 6,1992 IN WITNESS WHEREOF have hereunto set my hand and affixed my official seal in the Sa . County of e.44+144.0 on the date set forth above in this certificat ,a7Hs 2 nue document Is only a general form which maybe proper for use In simple transactions and in no way acts.or is Interned lo act,as a substitute for the advice on an attorney.The printer does net Notary Public, St e of California make any warranty,either express or implied as to the legal validly of any provision or the coltabnlY of theme fain,In any specific transadon. My commi ion expires F. /fez, Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(Ce.Sec. 1189)—(Rev. 1/83) e•••• • • • . . ••• •