16-096 Installation Agreement, 21800 Almaden Avenue, APN 375-15-035, Hestia Home, LLCRECORDING REQUESTED BY:
City of Cupe1iino
WHEN RECORDED , MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
Pages : 17
Fees ... · " No Fees
Taxe s .. .
Copies . . ----
AMT PAID
REGINA AL CO MENDRAS
SANTA CLARA COUNTY RE CO RDER
Re cord ed at the request of
city
RDE l=l 025
8/\0/2016
2 : 18 PM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
INSTALLATION AGREEMENT
21800 Almaden A venue, Cupertino, CA
APN: 375-15-035
ft Original
D For Fast Endorsement
NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27283 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant
dated July 13, 2016, from
21800 Almaden Avenue, Cupertino, CA 95014
to the City of Cupertino, a governmental agency, is hereby accepted by order of the
Public Works Director, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated:
By:
July 21, 2016
Lauren Sapudar
Senior Office Assistant
City of Cupertino
INSTALLATION AGREEMENT
(Cupertino Municipal Code Chapter 14.04)
21800 Almaden Avenue, Cupertino, CA
APN: 375-15-035
-r T is INSTALLATION AG~EEMENT ("Agreement") is made and entered into this 112 day of
V II\ 2o __L_/;a by and between the CITY OF CUPERTINO, a municipal corporation
of the Sta e of California, ("CITY"), and Hestia Home LLC, a California limited liability company
("DEVELOPER") for a single family residence located at 21800 Almaden Avenue, Cupertino CA.
RECITALS
1. DEVELOPER has presented to the City an application for a development entitlement
consisting of a single family residence (the "Development Entitlement") located at 21800 Almaden
Avenue, Cupertino CA (the "Property").
2. Chapter 14.04 of the Cupertino Municipal Code ("CMC") requires, as a condition
precedent to the erection, construction, addition, alteration or repair of any building or structure
in certain designated areas of the City with unimproved streets and for which a building permit is
required by the City, installation of certain types of public improvements and/or dedication where
deemed necessary by the City Engineer.
3. In consideration of City's approval of the Development Entitlement and pursuant to the
requirements of CMC Chapter 14.04, Developer desires to enter into this Agreement promising to
install and complete, at Developer's sole expense, all public improvement work required by the
City for the proposed development.
4. Developer has prepared and City has approved plans and related specifications (the
"Improvement Plans") for construction, installation and completion of improvements. The
Improvement Plans titled Street Improvement, Grading & Drainage Plan for 21800 Almaden
Avenue, prepared by LC Engineering and dated May 2016, are hereby incorporated into this
Agreement by reference .
NOW, THEREFORE, in consideration of the approval by City of the Development
Entitlement, City and Developer agree as follows:
Page I of 11
1. DEVELOPER'S OBLIGATION TO INSTALL IMPROVEMENTS
a. Completion of Improvements. Developer, at its own expense, shall furnish, install, and
construct all improvements required by the City Engineer pursuant to Chapter 14.04 of the
Cupertino Municipal Code, or as amended, in a good and workmanlike manner and as shown on
the Improvement Plans as approved by the City Engineer of Cupertino and in accordance with
existing ordinances and resolutions of the CITY and other applicable laws. The decision of the City
Engineer shall be final as to whether any material or workmanship meets the plans, specifications,
and standards as set forth.
b. Compliance with applicable laws and rules. Developer shall complete the Work in
accordance with the most current Standard Specifications of the Department of Public Works,
California Department of Transportation, State of California, and in accordance with the
specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or
"California Division of Highways" are mentioned in the State Specifications, it shall be considered
as referring to the City of Cupertino; also wherever the "Director" or "Director of Public Works" is
mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the
State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be
used in lieu of such conflicting portions.
c. Repair and replacement of damaged public facilities . Developer shall, at its own expense,
repair or replace all public improvements, public utility facilities , surveying monuments and other
public facilities that are destroyed or damaged as a result of any work under this agreement.
Developer shall promptly notify the City Engineer of such damage and shall obtain the City
Engineer's approval of all repair and replacement of damaged facilities.
d. Developer's responsibility until City's acceptance . Until City accepts the Improvements,
Developer shall be responsible for the care and maintenance of such improvements and shall bear
all risks of loss or damage to the improvements. City shall not have any liability for any accident,
loss or damage to the Improvements prior to their completion and acceptance by City. City's
acceptance of the Improvements shall not constitute a waiver of any defects in the Improvements
or Developer's obligation to repair such defects as provided in section 9 of this Agreement.
2. TIME FOR INSTALLATION OF IMPROVEMENTS
a. Required time of completion. DEVELOPER shall install and complete the Improvements
within one (1) year from the date of execution of this AGREEMENT, or such longer period as
may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER
fails or refuses to complete the Work within the specified period of time, the CITY, at its sole
option, shall be authorized to complete the Work in whatever manner the CITY shall decide .
In the event the CITY completes the Work, the CITY may recover any and all costs incurred
thereby from the DEVELOPER or the DEVELOPER'S surety or both . No final inspection shall
be granted or street improvements shall not be accepted unless all the requirements for
safety purposes are installed, such as sidewalks, handicap ramps , street lights, etc.
Page 2of 11
3. DEDICATION OF EASEMENTS OR RIGHTS OF WAY
The DEVELOPER offers to dedicate the r eal property shown on Exhibit "A" and "B", which is
attached hereto and made a part hereof by refe r ence (the "Dedicated Property"). Upon the
condition precedent that the DEVELOPER shall perform each and every covenant and condition
of this AGREEMENT, the CITY agrees to accept said real property offered for dedication.
The Dedicated Property shall be free and clear of all liens or encumbrances except those which
the CITY agrees to waive in writing. Developer agrees not to revoke this offer of dedication,
and to keep said offer open until the CITY accepts offer. Upon execution of this Agreement,
Developer agrees to deliver a properly executed grant deed to the CITY of the real property
described in Exhibit "A" and "B", and such other executed conveyances, or instruments
necessary to convey clear title as herein required . The DEVELOPER shall provide, at the
DEVELOPER'S sole cost and expense , to the City at the time of acceptance of dedication and
recordation of deed , (1) a preliminary title report issued by a title insurance company relating
to the property offered for dedication, and (2) a standard policy of t itle insurance issued by a
title insurance company and insuring the CITY, showing that the Dedicated Property is free and
clear of all liens or encumb r ances except any that the City expressly agreed to wa ive .
4. QUITCLAIM DEED
DEVELOPER , when requested by the CITY, shall quitclaim all his/her r ights and interests in, and
shall grant to CITY authorization to extract water from the underground strata lying beneath said
project. DEVELOPER agrees to execute a "Quitclaim Deed and Authorization " in favor of CITY,
when presented to him/her for signature.
5. SECURITY
a. Required Security. Prior to execution of this Agreement, Developer shall provide the following
security to City in a form acceptable to the City :
(1) Faithful performance. Security for faithful performance in the amount set forth Part A
Exhibit b the SCHEDULE OF BONDS, FEES AND DEPOSITS.
(2) Labor and Materials. Security for labor and materials in the amount set forth Part B of
Exhibit b the SCHEDULE OF BONDS, FEES AND DEPOSITS.
b. Form of Security. Developer shall provide as security, bonds executed by a surety company
authorized to transact a surety business in the State of California and approved by the City as to
sufficiency. In the event that the DEVELOPER shall fail to faithfully perform the covenants and
conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or
otherwise indemnify the CITY for the DEVELOPER'S fai lure to do so.
Page 3 of I I
In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with
the CITY (1) Cash; (2) A cashier's check, or a certified check payable to the order of the City of
Cupertino; or (3) A certificate of deposit, or instrument of credit acceptable to the City and
meeting the requirements of Government Code Section 66499 (b) or (c). The amount of said cash,
checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer,
and shall be the equivalent to that which would have been required had the DEVELOPER furnished
the CITY with a faithful performance surety bond . In the event that the DEVELOPER shall fail to
faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or
any dedication of land, or any improvements herein required, the CITY may apply the proceeds of
sa id security thereto.
c. Release of Security. No release of surety bond, cash deposit, check or certificate of deposit shall
be made except upon approval of the Director of Public Works. Schedule for bond and insurance
release for paper bonds are as follows :
(1) Release of 90 percent of the faithful performance bond upon acceptance by the Director of
Public Works.
(2) Release of the remaining 10 pe r cent of the performance bond at one year from acceptance
after all deficiencies have been corrected and in the absence of any claim against such bond.
(3) Release of the entire labor and material bond at si x months from acceptance after all
deficiencies have been corrected and in the absence of any claim against such bond.
(4) Liability insurance, provided by the DEVELOPER to hold the CITY harmless in the event of
liability arising from the project, to be retired at the end of one year if all deficiencies have
been corrected and in the absence of any claim against such insurance .
6 . PAYMENT OF REQUIRED FEES
a. Permits and licenses . Developer shall, at its sole expense, obtain all necessary permits and
licenses for the construction and installation of the Improvements, give all necessary notices, and
pay all fees required by City ordinance, including but not limited to the fees descr i bed in this
Ag r eement, and all taxes required by law.
b. Fees. Developer shall pay fees in the amounts set forth in Ex hibit C, including but not limited to
the following, as required :
(1) Inspection Fees. DEVELOPER shall pay any and all necessary direct expenses for inspection,
checking, etc . incurred by CITY in connection with said Project, and that DEVELOPER shall
have deposited with CITY, prior to execution of th is AGREEMENT. Should construction cost
vary materially from the estimate from which said sum is calculated , the City Engineer shall
notify DEVELOPER of any additional sum due and owing as a result thereof.
(2) Sto r m Drainage Fee. DEVELOPER shall deposit with the CITY, prior to execution of this
AGREEMENT, a storm drainage charge in connection with the said Project in accordance
with the requirements established in Resolution 4422 , March 21, 1977.
Page 4of 11
(3) Map Checking Fee. DEVELOPER shall deposit with CITY, prior to execution of this
AGREEMENT, for office checking of final map and field checking of street monuments, in
compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY.
(4) Park Fee. DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to
execution of this AGREEMENT, as is required within Section 18-1.602, Park Land
Dedication, Cupertino Municipal Code. Park fees are calculated in accordance with action
adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18-1.602 of
the Cupertino Municipal Code.
(5) Reimbursement Fee. DEVELOPER shall deposit with the CITY, prior to execution of this
AGREEMENT, a reimbursement fee for any street improvements that have been installed
by the City, or by another property owner. Developer shall pay the City for the cost of the
land at the cost to the City, or another property owner, and shall pay a street improvement
reimbursement charge for the improvements which the City or another property owner,
installed on the street abutting or included in the benefited property, in an amount equal
to the total improvement costs for each particular benefited property as set forth in a
reimbursement agreement. Payments for both land and improvements shall include simple
interest in the amount of seven percent per year, to be calculated in the following manner:
(i) Land Cost . Interest to accrue from the date the street improvements are
accepted by the City to the date the street improvements reimbursement charge is
paid, or if the land is purchased by the City for a City project, from the date of
purchase to the date the charge is paid.
(ii) Improvement Cost. Interest to accrue from the date the street improvements
are accepted by the City to the date the street improvement reimbursement charge
is paid, or if installed by the City, from the date installation commenced to the date
the charge is paid.
(iii) Provided, however, that the interest shall be waived if the adjoining property
owner dedicates or has dedicated to the City land necessary for the street
improvements, or where no such dedication is necessary.
7. DEVELOPMENT MAINTENANCE DEPOSIT
DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth in
Exhibit C as a development maintenance deposit. City may use the deposit at its discretion to
correct deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise
during or after the construction of the development, and to obtain copies of approved plans for
the CITY's files. If the costs exceed the amount deposited, DEVELOPER shall pay actual overage
prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at
the time all bonds are released in accordance with paragraph 5 of this agreement.
8. STREET TREE INSTALLATION
Page 5of11
DEVELOPER shall fund the City for purchase and planting of street trees as deemed appropriate by
the City Engineer; or shall, at the discretion and at such time as deemed appropriate by the City
Engineer, plant street trees in conformance with the standards of the City of Cupertino . The
variety, number and location of trees are subject to City's prior approval.
9. MAINTENANCE AND WARRANTY
a. Developer guarantees and warrants the Improvements and agrees to remedy any defects,
damages, or imperfections in the Improvements arising from faulty or defective materials or
construction of the Improvements for a period of one year after City's acceptance of the
Improvements.
b. If, within the warranty period, the Improvements or any part of the Improvements fail to fulfill
any of the requirements of this Agreement or the Improvement plans and specifications,
Developer shall repair, replace or reconstruct any defective or otherwise unsatisfactory parts of
the Improvements without delay and at no cost to City. If (a) Developer fails to commence repairs
within thirty (30) days of the date of mailed written notice from City, or (b) City determines that
public safety requires repair before Developer can be notified, City may, at its sole option, perform
the required repair itself. Developer agrees to pay the cost of any repairs City performs pursuant
to this agreement and City may, at its option, recover that cost as a lien against Developer's
property.
10. SANITARY DISTRICT
DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the
Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the
District and that sanitary sewers are available to serve all lots within said Project.
11. GOVERNMENT COSTS
DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, substantial evidence that
all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special
assessments or bonds, have been complied with.
12. UTILITIES
DEVELOPER shall pay to Pacific Gas and Electric Company, AT&T, and/or appropriate utility
companies, any and all fees required for installation of overhead and/or underground wiring
circuits to all electroliers within said property and any and all fees required for undergrounding as
provided in Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer,
Pacific Gas and Electric Company, AT&T, or appropriate utility companies that said fees are due
and payable.
13. EASEMENTS AND RIGHT-OF-WAY
Page 6of 11
Developer shall acquire any easement and right-of-way necessary for completion of the Project at
its own cost and expense. However, that in the event eminent domain proceedings are required,
the CITY for the purpose of securing said easement and right-of-way, DEVELOPER shall deposit
with CITY, a sum covering the reasonable market value of the land proposed to be taken and, to be
included in said sum, shall be a reasonable allowance for severance damages, if any. It is further
provided that in addition thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the CITY may require, shall
be deposited with the City of Cupertino.
14. HOLD HARMLESS AND INDEMNIFICATION
DEVELOPER shall indemnify and hold harmless CITY, its officers, agents and employees from and
against any or all claims, loss, cost, expense, damage or liability, resulting or in any way arising out
of Developer's performance or nonperformance of his/her duties under this Agreement, or from
negligent acts or omissions or willful misconduct of Developer's agents, employees and
contractors, or subcontractors. Developer shall, at his/her own cost and expense, defend any and
all actions, suits or legal proceedings that may be brought against the City, it officers, agents and
employees resulting from or arising out of Developer's performance or nonperformance of his/her
duties and obligations under this agreement, except to the extent any of the foregoing is caused
by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and
independent contractors.
15. INSURANCE
DEVELOPER shall maintain in full force and effect at all times during the term of this Agreement, 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 additional insured. Said separate policy shall provide bodily injury and property
damage coverage to the foregoing named CITY and individuals covering all the Work performed
by, for, or on behalf of said DEVELOPER . Both bodily injury and property damage insurance must
be on an occurrence basis; and said policy or policies shall provide that the coverage afforded
thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the
CITY, its members of the City Council individually and collectively, and the officers, agents and
employees of the CITY, individually and collectively, have other insurance against the loss covered
by said policy or policies, that other insurance shall not be called upon to cover a loss under said
additional policy.
The insurance carrier shall be licensed to do business in the state of California and provide proof of
their ratings. All ratings should be Best's Guide Rating of A, Class VII or better or that is acceptable
to the CITY. Each of said policies of insurance shall provide coverage in the following minimum
amounts: for general liability for bodily injury, personal injury and property damage $1,000,000
each occurrence, with an aggregate limit of not less than $2,000,000.
Page 7 of 11
DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT
by the DEVELOPER evidence of insurance coverage satisfactory to the City. Each policy or policies
shall bear an endorsement precluding the cancellation or reduction in coverage without giving the
City Engineer at least thirty (30) days advance notice thereof.
In the event that the Improvements are situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the required insurance shall also
name the other jurisdiction(s) as additional insured.
16. MAPS AND/OR IMPROVEMENT PLANS
Developer shall provide CITY with the following maps and/or plans at the DEVELOPER'S expense:
A. A mylar blackline and three (3) prints of fully executed parcel map.
B. A mylar blackline and three (3) prints of fully executed improvement plans.
C. A scan in raster format of all executed improvement plans and map.
D. One (1) Yi size prints of fully executed plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all
prints of plans and maps. If costs exceed the amount deposited the DEVELOPER is required to pay
actual overage prior to return of original plans.
17. SUCCESSORS AND ASSIGNS-COVENANT RUNNING WITH THE LAND
This Agreement shall inure to the benefit of, and be binding upon the heirs, administrators,
successors, assigns and transferees of the Parties, and shall be recorded in the Office of the County
Recorder and constitute a covenant running with the land. Upon any sale or division of the
Property, the terms, covenants, conditions and restrictions of this agreement shall apply to each
parcel, and the owner or owners of each parcel shall succeed to the obligations imposed upon
developer by this Agreement.
18. FAILURE TO PERFORM
In the event developer fails to perform one or more of the covenants and conditions of this
agreement, City at its option shall have recourse to the security given to guarantee the
performance of such acts. City may, at its option, do or cause to be done, the acts required of
Developer and shall have recourse against as much of the security is necessary to discharge
Developer's responsibility. City shall also have recourse against developer for any and all amounts
necessary to complete the obligations of developer in the event that the security is insufficient to
pay such amounts. All administrative costs, including reasonable attorney's fees incurred by City in
Page 8 of 11
addition to the costs of the i mprovements shall be proper charges against the secur ity and
Developer.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be given in
writing and conclusively shall be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States Mail, postage prepaid, registered or
certified, addressed as hereinafter provided .
All notices, demands, requests, or approvals from Developer to City shall be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Public Works Director
All notices, demands, requests, or approvals from City to Consultant shall be addressed to
Consultant at:
LC Engineering
598 E Santa Clara St., #270
San Jose, CA 95112
Attention: Ninh M . Le
20. GOVERNING LAW AND ATTORNEY FEES
This Agreement shall be interpreted under, and enforced by the laws of the State of California
excepting any choice of law rules which may direct the application of laws of another jurisdiction .
The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and
regulations of the authorities having jurisd iction over this Agreement (or the successors of those
authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Santa Clara, State of California.
If City sues to compel Developer's performance of this Agreement, or to recover damages or costs
incurred in completing or maintaining the work on the Improvements, Developer agrees to pay all
attorney's fees and other costs and expenses of l itigating incurred by the City, even if Developer
subsequently resumes and completes the work.
21. RELATIONSHIP OF PARTIES
Neither Developer nor any of its contractors , employees or agents shall be deemed to be agents of
the City in connection with the Performance of Developer's obligations under this agreement.
22. SEVERABILITY
The provisions of this Agreemen t are severable. If any portion of this Agreement is held invalid by
a court of competent jurisdiction, the remainder of the agreement shall remain in full force and
effect.
Page 9of 11
23. INTEGRATED AGREEMENT
This Agreement represents the fuli and com .plete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever ki nd or nature are merged herein. No verbal agreement or i mplied covenant shall be
held to vary the provisions hereof. Any modification of this Agreement will be effective only by
written execution signed by both City and Developer. All unchecked boxes do not apply to this
Agreement .
IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by thei r respective ,
duly authorized officers on the date listed above .
CITY OF CUPERTINO:
Approved as to form :
-~p ;-
Director of Public Works
~Ci ty Attorney
DEVELOPER :
~~2-_.~~-
ZhimeiWu ~
Executive Manager
Attach Notary acknowledgement
Exhibits :
Exhib its A & B-Dedicated Property
Exhib it C -Schedule of Bonds, Fees and Deposits
Page I O of II
EXHIBIT "A"
LEGAL DESCRIPTION
ROADWAY DEDICATION
LANDS OF HESTIA HOME LLC
21800 ALMADEN AVENUE, CUPERTINO
APN 357-15-035
CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO , COUNTY OF SANTA CLARA ,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS ;
BEING A PORTION OF LOT 97 , AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF
SUBDIVISION "A" MONTA VISTA," RECORDED IN VOLUME P OF MAPS PAGE 20 , SANTA CLARA
RECORDS , AND MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL , THENCE ALONG THE
NORTHERLY LINE OF SAID LOT NORTH 90 °00 '00 " EAST 100.15 FEET TO THE MOST NORTHEAST
CORNER OF SAID LOT ;
THENCE ALONG THE EASTERLY LINE OF SAID LOT SOUTH 00 °00 '00 " EAST 110 .82 FEET TO THE
MOST SOUTHEAST CORNER OF SAID LOT ;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NORTH 90 °00 '00 " WEST 5 .00 FEET ;
THENCE LEAVING SAID SOUTHERLY LINE AND ACROSS SAID LOT NORTH 00 °00 '00 " EAST 70 .82
FEET PARALLEL WITH AND 5.00 FEET WESTERLY FROM THE EASTERLY LINE OF SAID LOT ,
RIGHT ANGLE MEASURE, TO THE BEGINNING OF A TANGENT CURVE , CONCAVE LEFT ;
CONTINUING ALONG SAID TANGENT CURVE HAVING A RADIUS OF 15 .00 FEET, THROUGH A
CENTRAL ANGLE OF 90 °00 '00 ", AND AN ARC LENGTH OF 23 .56 FEET , THENCE NORTH 90 °00 '00 "
WEST 80.15 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT ;
THENCE ALONG SAID WESTERLY LINE NORTH 00 °00 '00 " EAST 25 .00 FEET TO THE POINT OF
BEGINNING .
CONTAINING 2,981 .14 SQUARE FEET, MORE OR LESS .
SEE EXHIBIT B FOR THE ACCOMPANYING PLAT , ATTACHED HERETO AND MADE A PART
HEREOF.
BASIS OF BEARINGS : THE BEARINGS DESCRIBED IN THIS DESCRIPTION ARE BASED ON THE
CENTERLINE OF ALMADEN AVENUE AS SHOWN ON "SUBDIVISION "A " MONTA VISTA ,"
RECORDED IN BOOK P OF MAPS, AT PAGE 2 0, SANTA CLARA COUNTY RECORDS .
LC ENGINEERING SHEET 1 OF 2
59 8 E Santa Clara St, Suite 270 San Jose Phone: (4 08) 806-7 187 Fa x: (40 8) 58 3-4006
EXHIBIT "B"
ALMADEN AVENUE
GRAPHIC SCALE
0 15 30
( IN FEET )
1 inch = 30 ft.
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LEGEND & ABBREVIATIONS
---PARCEL LINE
---PROPERTY LINE
--4 --CENTERLINE
ft PROPERT Y LINE
POB POINT OF BEGINNING
LOT AREA
EXISTING I 11,098.62± SF
PROPOSED I 8 , 117.48± SF
N9o·oo·oo"w 80.15 '
L=23.56 ', R=15.00'
.t.=9o·oo·oo", T=15.oo·
RIGHT-OF-WAY
DEDICATION
2,981.14 SF
LOT97
SUBDIVISION A
MONTA VISTA
P MAPS 20
APN 357-15-035
N9o·oo'oo"w
5 .00 '
f(. N90'00'00 "W 95.15'
N9o ·oo·oo"E 100.15·
APN 357-15-036
BASIS OF BEARINGS
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THE BEAR INGS SHOWN ON THIS MAP ARE BASED
ON THE CENTERLINE OF ALMADEN AVENUE AS
FOUND MONUMENTED AS TRUE EAST SHOWN ON
"SUBDIVITION A MONTA VISTA", RECORDED IN
BOOK P OF MAPS, AT PAGE 20, SANTA CLARA
COUNTY RECORDS.
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EXHIBIT "B"
ROADWAY DEDICATION
21800 ALMADEN AVENUE
APN 357-15-035
ENGINEERING
Cu ertino
SC ALE: I" = JO ' DA TE: Q] /08/l S DRWG. NA~E: PR Q.£CT NO.
California
SHEET 1 OF 1
598 E Santa Clara St 11270
San Jose, CA 95112
Phone: ( 408) 806-7187
Fax: 408 583-4006
Exhibit C
SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond :
110-2211 $39,000 .00
PART B. Labor and Material Bond :
110-2211 $39,000.00
PART C. Checking and Inspection Fee :
110-4538 $2,506 .00
PART D. Development Maintenance Deposit:
110-2211 $1,000.00
PART E. Storm Dra i nage Fee:
215 -4072 $921 .00
PART F. Street Light -One-Year Power Cost:
110-4537 $0.00
PART G. Map Checking Fee :
110-4539 $0.00
PART H. Park Fee -Zone II:
280-4082 $0.00
PART I. Street Tree Fee: $348 .00
Page 11 o f 11
II
II
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
I
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to I
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _s~· q~'.f\.~'T~c--"~c...=· ·~\c._0_~~°'--
On J "'---\Ji \:~\\ 1 '2. o \ 7 before me, --~~1 ~·-~1 W'\ __ W~~~-']_. ___,__?c....,..-J_o---\...,.,...-----~ Notary Public,
(Here insert name and title of the officer)
personally appeared --------~Z~n~\_'M __ €-._\ __ ·v_~_V\ __________________ ,
who proved to me on the basis of satisfactory evidence to be the personl..ll)whose name(S) is~ subscribed to
the within instrument and acknowledged to me that)r€/s he~ executed the same inJ:rrs/herttheiJ authorized . .
capacity(.ieS), and that byJl'i'S/herlt.hetr signatureCs) on the instrument the personfs), or the entity upon behalf of
which the personCs-) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
..... ----
WITNESS my hand and official seal. \Sf»:
Signature of Notary Public 7 (Notary Seal)
J. NIMESH J. PATEL ~ J Commi11ion ti 2143752 ~
i Notary Public -C11iforni1
z S1nt1 Ciara County ~
J .•••• ,Ml Si0T"!-[•~rt&c:u t0J&2el
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE A TT ACHED DOCUMENT
(Title or de scrip tion of attached document)
(Title or description of attached document continued)
Number of Pages _i _\_ Document Date 7 i L~ J 20\l.
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
i:wfndividuai (s)
D Corporate Officer
(Title)
D Partner(s)
D Attorney-in-Fact
D Trustee(s)
D Other ___________ _
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Californ ia mu st contain verbiage exactly as
appears above in the notmy section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so lon g as the
verbiage does not require th e notmy to do something that is illegal for a notmy in
Ca lifornia (i.e. certifYing th e authorized capac ity of th e signe1). Please check the
document carefi illy for proper notarial wording and allach this form if required.
• State and County infomiation must be the State and County where the document
signer(s) pe rsonally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknow ledg ment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
not ar iza tion .
• Indic ate the correct s in g ul ar or plural forms by crossing off incorrect forms (i.e .
tie/she /Ikey;-is /ere) or circling the co rr ec t forms . Failure to correctly indicate this
information may lead to rej ec ti on of document reco rdin g.
• The notary sea l impression must be clear and photographically reproduc ible .
Impr ession must not cover text or lin es. If sea l impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
•!• Additional information is not required but could help to ensure this
acknow ledgment is not misused or attached to a different document.
•!• Indicat e title or type of attached document, number of pages and date .
•!• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicat e the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
C 2004-2015 Prolink Signing Service, Inc. -All Rights Reserved www.TheProLink.com -Nationwide Notary Service
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of 80\ 0 Th, U cl\. tV1
On JUI~ 21 tZOHa before me, ------'0o"---"-{_._LUf1----"-------'--l£_H-t_lf--U ______ , Notary Public,
(Here insert name and title of the officer)
personally appeared _____ li____._\-~M~ill~_13-=---o~~"""-...... Q "'"""~I---------------
who proved to me on the basis of satisfactory evidence to be t~s) whos ~~(ij/are subscribed to
the within instrument and acknowledged to me that ~he/they executed the same ir:@.sJii er/their authorized
~ies), and that b ~/her/their ~) on the instrument th ~), or the entity upon behalf of
'-wlilcht~s) acted, executed th ~~nt.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
(Notary Seal)
r ....... iotrEf N lfifiRE . , •1
•
Commission# 2078124
~ Notary Public • California I J Santa Clara County ~
••••• l'l !0T"1 axe eua l6rs2&1tl
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages __ Document Date ____ _
(Additional infonnation)
CAP A CITY CLAIMED BY THE SIGNER
0 Individual (s)
0 Corporate Officer
(Title)
0 Partner(s)
D Attorney-in-Fact
0 Trustee(s)
D Other ____________ _
INSTRUCTIONS FOR C01\1PLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and al/ached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifoing the authorized capacity of the signer). Please check the
docum ent carefully for proper notarial wording and al/ach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
mu st also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural fonns by crossing off incorrect fonns (i.e.
he/she/they;-is /are ) or circling the correct fonns . Failure to correctly indicate this
infonnation may lead to rejection of document recording.
• The notary seal impression must be cl ear and photographically reproducible .
Impression must not cover text or line s. If seal impression smudges , re-seal if a
sufficient area pennits, otherwise complete a different acknowledgment fonn .
• Signature of the notary public mu st match the signature on file with the office of
the county c lerk.
•!• Additional infonnation is not required but could help to ensure this
acknowledgment is not mi sused or attached to a different document.
•!• Indicate title or type of attached document, number of pages and date.
•!• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e . CEO , CFO, Secretary).
• Securely attach this document to the s igned document
C 2004-20 15 Pro f.i nk Signing Servh:e, lnc -All Rights Reserved www.ThePro l.mk.,o m -Na tionw id e No 1ary Service