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16-153 Stormwater Management Facilities Operation, Maintenance and Easement Agreement, Cherryland LLC, 20840, 20846 & 20852 Cherryland Drive, APN 359-20-031RECORDING REQUESTED BY: City of Cupertino 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 23518647 Regina Alcomendras Santa Clara County -Clerk-Recorder 12/05/2016 02:54 PM Titles: 1 Pages: 17 Fees : 10 .00 Taxes: 0 Total : 0 .00 1111 ~,,~_.1\,~~.,~'h,~1.\~111~IM :,~~.' ,,~ U~1 ~l,~I~ i 1i'~, 11111 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STORMW ATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE, AND EASEMENT AGREEMENT Cherryland, LLC, a California limited liability company APN 359-20-031 )l 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 27383 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated October 31 s t, 2016 from Cherryland, LLC 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: November 4, 2016 By: ·1 V)tZtu~_)'--=-=-=- Lauren Sapudar Senior Office Assistant RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupertino City Clerk's Office 10300 Torre Avenue Cupertino , CA 95014-3202 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §6103 Space above this line for Recorder's use. STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 20840, 20846 & 20852 Cherryland Drive, Cupertino, CA 95014 359-20-031 This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT ("Agreement") is made and entered into this ~c;E-day of Q c.J-D~ , 20 l Co , by Cherry land, LLC, a California limited liability company ("Covenantor") and the City of Cupertino, a municipal corporation ("City"). Covenantor and City are referred to collectively herein as the "Parties" and each individually as a "Party." RECITALS: This Agreement is made and entered into with reference to the following facts: A. The City is authorized and required to regulate and control the disposition of storm and surface waters as set forth in the City's Stormwater Pollution Prevention and Watershed Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as currently in effect and as it may hereafter be amended, the "Ordinance"). B. The Covenantor is the owner of a certain tract or parcel of land designated as APN 359- 20-031 and _ more particularly described in Exhibit A attached hereto ("Property"). C. The Covenantor desires to construct certain improvements on the Property that may alter existing stormwater conditions on both the Property and adjacent lands. D. To minimize adverse impacts due to these anticipated changes in existing storm and surface water flow conditions, the Covenantor is required by the City to build and maintain, at Covenantor's expense, stormwater management and trash capture facilities ("Facilities") as more particularly described and shown in the Stormwater Management Plan prepared by James C. Chen Civil and Structural Engineers and dated ~L)J:Ul\(.owhich plan, together with any and all amendments, including future amendments,tereto (collectively, the "SWMP"), are -1- on file with the Public Works Department of the City of Cupertino, California, and are hereby incorporated by reference. E. The City has reviewed the SWMP, and subject to execution of this Agreement, has approved the SWMP. AGREEMENT: NOW, THEREFORE, in consideration of the benefits received and to be received by the Covenantor, its successors and assigns, as a result of the City's approval of the SWMP, the Parties hereby agree as follows: 1. Covenants Running With the Land; Property Subject to Agreement. All of the Property shall be subject to this Agreement. The Parties intend that this Agreement shall run with the land, shall be binding on Covenantor, its successors and assigns, and all parties having or acquiring any right, title or interest in the Property or any portion thereof, and their respective successors and assigns, and shall inure to the benefit of the City and its successors and assigns regardless of whether City has any ownership interest in the Property or any portion thereof or any property adjacent thereto. Every limitation, easement, obligation, covenant, condition, and restriction contained herein shall be deemed to be, and shall be construed as a covenant running with the land, and in addition, shall be construed as an equitable servitude, enforceable by any owner of any portion of the Property against any other owner, tenant or occupant of the Property or any portion thereof. Subject to the provisions of Section 9 below, each reference in this Agreement to Covenantor shall mean Covenantor and its successors in interest to the Property or any portion thereof. 2. Responsibility for Installation, Operation and Maintenance. At its sole expense, the Covenantor shall construct, operate and perpetually maintain the Facilities in strict accordance with: (a) the Ordinance, (b) manufacturer's recommendations where applicable, (c) the SWMP and any amendments thereto that have been approved by the City, and (d ) all other applicable federal, state and local laws, ordinances and regulations. Covenantor, on an annual basis, shall prepare and deliver to the City Public Works Director, a Maintenance Inspection Report in the form attached hereto as Exhibit C or such other form as may be required by City from time to time. The annual Maintenance Inspection Report shall identify all completed inspection and maintenance tasks for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the Facilities have been conducted as required by this Agreement. The annual report shall be submitted no later than October 15 of each year, under penalty of perjury, to the City Public Works Director or such other member of the City staff as directed by the Public Works Director. Covenantor shall provide in the annual report a record of the volume of all accumulated sediment removed as a result of the treatment measure(s). Covenantor shall conduct a minimum of one annual inspection of the Facil ities before the rainy season; this inspection shall occur between August 1st and September 30 each year. More frequent inspections may be required to comply with the maintenance stan dards. The results of inspections shall be recorded on the Maintenance Inspection Report. -2- 3. Facility Modifications . At its sole expense, the Covenantor shall make such changes or modifications to the Facilities as the City Engineer may reasonably determine to be necessary or desirable to ensure that the Facilities continue to operate as originally designed and approved. Any changes or modifications to the Facilities may be made only with prior written authorization by the City Engineer or his or her designee . 4. Grant of Easement. Covenantor hereby grants to City a nonexclusive, perpetual ingress, egress, access and maintenance easement ("Easement") over the easement area as depicted and described in Exhibit B attached hereto and incorporated herein ("Easement Area") for the purpose of permitting the City, and its employees, agents, contractors, consultants, to inspect, monitor, maintain , repair and replace the Facilities. 5. Facility Inspections by the City. At reasonable times, after not less than forty -eight ( 48) hours' prior written notice, except in the event of an immediate threat to public health and safety in which case no prior notice shall be required , and in a reasonable manner as provided in the Ordinance, the City, its agents , employees, contractors, and consultants shall have the right of ingress and egress to the Easement Area for the purpose of inspecting the Facilities to ensure that the Facilities are being properly maintained , are continuing to perform in an adequate manner (as reasonably determined by the City Engineer or his or her designee), and are in compliance with the Ordinance, the SWMP and any amendments thereto approved by the City and all other applicable laws. 6. No Barriers. While this Agreement is in effect, Covenantor shall not erect, nor permit to be erected, any building or structure of any kind within the Easement Area, nor shall Covenantor fill or excavate within the Easement Area without City's prior written consent which shall not be unreasonably withheld , but may be conditioned upon such requirements as City Engineer determines are reasonably necessary or desirable to ensure proper functioning of the Facilities . 7. Default and Remedies . If following delivery of written notice from City and the expiration of a thirty (30) day cure period (except in the event of an immediate threat to public health and safety in which case Covenantor shall commence and complete corrective action as soon as possible following receipt of notice from the City), Covenantor fails to correct any defect in the Facilities in accordance with the approved design standards, the SWMP , the Ordinance, and all other applicable state, federal, and local Jaws, rules, and regulations, or Covenantor otherwise fails to comply with the maintenance and repair obligations set forth in the SWMP and this Agreement, the City shall have the right upon delivery of forty-eight (48) hours' prior written notice (except in the event of an immediate threat to public health and safety in which case no notice shall be required) to enter the Easement Area for the purposes of maintaining and repairing the Facilities at Covenantor's expense , and Covenantor shall be obligated to reimburse City for the cost of all such work , including, without limitation, the cost of City staff time, within thirty (30) days following City 's delivery of an invoice therefor, together with documentation of City's costs and expenses incurred in connection with the performance of s uch work . If such costs are not paid within the prescribed time period, the City may assess Covenantor the cost of -3 - the work, and said assessment shall be a lien against the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. In addition to the foregoing, the City may pursue any other remedies provided under law or in equity, including without limitation, ex parte applications for temporary restraining orders, preliminary injunctions and permanent injunctions enjoining any such violation or attempted violation or default, an order for specific performance, civil and criminal penalties, and the remedies set forth in Sections 9.18.190, 9.18.230 and 9.18.250 of the Ordinance. All such remedies shall be cumulative and not alternative. 8. Indemnity. The Covenantor shall defend, indemnify, and hold the City and its elected and appointed officers, officials, employees, agents, representatives, contractors, vendors and consultants (all of the foregoing, the "Indemnitees") harmless from and against any and all claims, demands, liabilities, losses, actions, causes of action, suits, judicial or administrative proceedings, damages for personal injury, bodily injury, death and property damage, costs and expenses, including without limitation reasonable attorneys' fees, arbitration fees or costs, and court costs, penalties, deficiencies, fines, orders, and damages (all of the foregoing, "Claims"), arising out of or related to, or alleged to arise out of or be related to, the ownership, operation, use of the Property or the construction, operation , maintenance, or failure to maintain, the Facilities, except to the extent that any such Claim arises from the gross negligence or willful misconduct of the City or any Indemnitee. Notwithstanding the foregoing sentence, Covenantor shall be required to defend City and the Indemnitees against any and all Claims, regardless of the extent to which ( or if at all) City or any Indemnitee has contributed or is alleged or found to have caused or contributed to such Claims. Covenantor's indemnity obligations shall apply regardless of whether any City insurance policies, self-insurance or joint self-insurance has been determined to be applicable to such Claims and regardless of whether or not City has prepared, supplied or approved of plans and specifications for the construction, installation , maintenance, repair or replacement of the Facilities. 9. Obligations and Responsibilities of Covenantor. Initially, the Covenantor named above shall be solely responsible for the performance of the obligations required under this Agreement and for the payment of any and all fees, fines, and penalties associated with such performance or failure to perform under this Agreement. Notwithstanding any provisions of this Agreement to the contrary, upon the recordation of a deed or other instrument of sale, transfer or other conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third party, the Covenantor shall be released of its obligations and responsi bilities under this Agreement accruing after the date of such Transfer to the extent such obligations and responsibilities are applicable to that portion of the Property included in such Transfer. 10. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the Property or any part thereof by the Covenantor to subsequent owners and assigns. 11. Termination and Release of Agreement. In the event that the City determines, in the exercise of its sole discretion, at any future time that the Facilities are no longer required, then it promptly shall so notify the Covenantor or its successors and/or assigns in writing, and at the -4- written request of the Covenantor, the City shall execute a termination and release of this Agreement which the Covenantor shall cause to be recorded in the Official Records at Covenantor's sole expense. 12. Miscellaneous. 12.1 Notices. Except as otherwise specified herein, all notices, demands, requests or approvals to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (a) personal delivery, in which case notice is effective upon delivery; (b) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; (c) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (d) postage prepaid registered or certified mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. City: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: Public Works Director With copy to: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: City Attorney Covenantor: Cherryland, LLC {_~!J'M.N>_:~~....;.:o,,;...._· -- ~ ~ 1 cA 't"SD\Lf Attention: Suejane Han, Manager 12.2 Attorneys' Fees. In the event that either Party institutes legal action or arbitration against the other to interpret or enforce this Agreement, or to obtain damages for any alleged breach hereof, the prevailing Party in such action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. -5- 12.3 Governing Law; Venue. This Agreement shall, in all res pects, be governed, construed, applied, and enforced in accordance with the laws of the State of California without reference to its choice of laws provisions. Any dispute related to the interpretation or enforcement of this Agreement shall be heard in courts having jurisdiction in Santa Clara County, California. 12.4 Further Assurances. City and Covenantor shall each execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to fully effectuate the terms and provisions of this Agreement. 12.5 Entire Agreement. This Agreement, together with the SWMP, constitutes the entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior written or oral agreements with respect thereto. 12.6 Severability. In the event any part or prov1s1on of this Agreement shall be determined to be invalid or unenforceable under the laws of the State of California, the remaining portions of this Agreement that can be separated from the invalid or, unenforceable provisions shall, nevertheless, continue in full force and effect. 12.7 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Covenantor of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a reli n quishment for the future of such election. 12.8 Recordation; Amendments. City, at Covenantor's expense, shall cause this Agreement to be recorded in the Official Records of Santa Clara County, California ("Official Records") promptly following execution hereof. This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in the Official Records . 12.9 Relationship of Parties. Neither Covenantor nor any of its contractors, employees or agents shall be deemed to be agents of City in connection with the performance of Covenantor's obligations under this Agreement. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. City neither undertakes nor assumes any responsibility or duty to Covenantor ( except as expressly provided in this Agreement) or to any third party with respect to the Facilities. 12.10 Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this -6- Agreement. This Agreement is the product of negotiation between the Parties . The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement . All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Cupertino shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. The recitals above and exhibits attached hereto are a substantive part of this Agreement and are hereby incorporated herein . 12.11 Permits and Licenses; Compliance with Law. Covenantor, at its expense, shall comply with all applicable legal requirements, including all federal, state, and local laws and regulations (including City ordinances, regulations and resolutions, and requirements of other agencies with jurisdiction), whether or not said laws or regulations are expressly stated in this Agreement, and obtain and maintain all necessary permits and licenses required in order to own, operate and maintain the Facilities. 12.12 Liens. Covenantor shall pay, when due, all persons furnishing labor or materials in connection with any work to be performed by or on behalf of Covenantor related to the Facilities, and shall keep City's interests in the Easement Area free and clear of any related mechanics' liens. 12.13 Joint and Several Liability. If Covenantor consists of more than one person or entity, the obligations of such persons and entities shall be joint and several. 12 .14 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which taken together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGE(S) -7- ~ IN WllNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. COVENANTOR: Cherry land, LLC, a California limited liability company By ~li==- Name~ld Title: Manager (Notary acknowledgment to be attached) CITY: CITY OF CUPERTINO, a municipal corporation By:2~ Na Title: Director of Public Works (Notary acknowledgment to be attached) ATTEST: ~ , ~~( ,JJ- Grace Schmidt, City Clerk / / , L( , { &, APPROVED AS TO FORM: }Qlj Randolph Hom, City Attorney -8- CERTIFICATE OF ACCEPTANCE The interest in real property conveyed by the Stonnwater Management Facilities Operation, Maintenance and Easement Agreement attached hereto dated (;t~..-OW >.,,t , 20 ~ entered into by and between ~I ~ , and the City of Cupertino, a municipal corporation, is hereby accepted by the City of Cupertino by its authorized representative pursuant to authority granted by Resolution No. 11-175. CITY OF CUPERTINO, a municipal corporation: Date \6 (51 ,~ Exhibit "A" Legal Description A.P.N.: 359-20-031 Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: BEGINNING AT A POINT ON THE CENTER LINE OF MCCLELLAN ROAD, DISTANT THEREON SOUTH 89° 57' WEST 200 FEET FROM THE POINT OF INTERSECTION OF THE CENTER LINE OF MCCLELLAN ROAD, WITH THE EASTERLY LINE OF THAT CERTAIN 10.56 ACRE TRACT OF LAND CONVEYED BY THOMAS KERWIN ET UX TO KARL A. FRIEDRICH, BY DEED DATED JANUARY 25, 1905 AND RECORDED JANUARY 27, 1909 IN BOOK 337 OF DEEDS, PAGE 460, RECORDS OF SANTA CLARA COUNTY; THENCE RUNNING SOUTH AND PARALLEL WITH THE EASTERLY LINE OF SAID 10.56 ACRE TRACT OF LAND, 419.75 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN 14 ACRE TRACT OF LAND CONVEYED BY THOMAS KERWIN ET UX, TO MARIO BALDESSINI, BY DEED DATED NOVEMBER 8, 1905 AND RECORDED NOVEMBER 8, 1905 IN BOOK 300 OF DEEDS, PAGE 84, SAID NORTHERLY LINE OF SAID 14 ACRE TRACT ALSO BEING THE SOUTHERLY LINE OF SAID 10.56 ACRE TRACT; THENCE NORTH 89° 56' EAST AND ALONG THE SOUTHERLY LINE OF SAID 10.56 ACRE TRACT, 100 FEET; THENCE NORTH AND PARALLEL WITH THE EASTERLY LINE OF SAID 10.56 ACRE TRACT, 419.72 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF SAID 10.56 ACRE TRACT OF LAND SITUATE IN AND BEING A PART OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN. w ::;;: W 0 >-C) LL ('\J O W' w Ci) U) t-~ 0 (1) •• z :) z <( 0::: 0.. _j t-<( 1---- w Wo t-~.;1· (1) 0 :) C) LLD'.'. N 0 t-d:, (/) ('.) ~ 0 Z .. z <( z <( I ll. _ju<( --- - N z8 :::::i C) LL ('\J 0 d:, (1) ~ 0 .. zZ <( 0.. _j <( N r-- cri ..-- 'Sj' I t- 0'.'. 0 z -50 0 .,,._._ LANDS OF CHIEN TRUSTEE APN: 359-20-012 I SCALE IN FEET I" = 50' LANDS OF CAMERLO TRUSTEE APN: 359-20-013 J OO 150 1 I LANDS OFALISHETTI APN: 359-20-0 14 -~--_;_;,N~8_9°~5~5_'33'E 1~0~0-.0~0·----'~--- 9.00' 10.ofl B ffll I - 72.87'1 ~· ..-- () _j w () 81 ..-co D'.'. <( a.. .--· / ----I \~ ~1 r>: i I E 28.50' co r--107 .35' I <.O 'Sj' ..-- -C) ~o~ . N 0) ..-- co _j w () 0::: <( (L r-- 0) z I I I ~~ I I 7 .4 4~~ _E£4.50' T~~I ~ 28.26·11 ~ : I I I ~ 1 1 12.001 I ~ ~ 70.80' 30.00' LO . N ~lfng ~ Nm..--..-- <( ....J w () D'.'. <( a.. ~ C1 '~ 60.67' LO ..--..-- z I I I I I I I r-- ~ CD w ('.) <( a.. LO co co ~ 0 0 co w 2: !=' D'.'.w Ow oo::: z t- <( U) _j w >-t-0'.'. <( D'.'. > w a: I a.. () -...., I LO r-- I~ 'Sj' I I t- D'.'. 0 z LO r-- cx:i I 0 (') I 0 f- t- 0 _j 0::: g < 0 u C) LL W C;J 0 w 0) (/) t-~ 0 (1) .• z :) z <( 0::: 0.. _j t-<( CURVE C1 C2 C3 C4 RADIUS 15.00' 15.00' 37 .00' 37.00' L LJ30 .00 ' STREET ) DEDICATION TO CITY -f __ ___J__ _ _ J , OF CUPERTINO N 89 ° 56' 35" E 100.00' McCLELLAN ROAD LEGEND LENGTH I DELTA 10.96' 41 °52'15" 18.87' 72 °04'47" 46.55' 72 °04'47" 58 .12' 90°00'00" ! ASIN EASEMENT ~ j%f,:3 PUBLIC UTILITY EASEMENT & LANDS ••-n• •••••••• •••••••••• hOM _ ... PROP EK I y l:jUU\'lUAK y - - ROAD RIGHT OF WAY EXHIBIT B PROJE CT: 2016 .580 VER '~: FILE: 2016.580 SWM P ESMT PLl,T 20840 McCLELLAN ROAD DATE : AUG . 4, 2016 ~J :;,1 BOOK 885 PAGE 6 & 7 SCCOR SCA LE: 1"; 50' consultants SWMP DRAINAGE BASIN EASEMENTS PREP AR ED: DRR Pla nning I Eng ineering I Land Enlltlement CUPERTINO, CA REVIEWED: DRR www.ver-consu l tant s .com EXHIBITC MAINTENANCE INSPECTION REPORT Annual Maintenance and/or Procedure to be Equipment to be Surveyine Activity Followed Used A. Water System Maintenance Exercise valves at least once per year Clean valve boxes at least once a year Check and repair fire hydrants Flush hydrants at least once a Notify City's water year and fire departments Compile written maintenance records and prepare written annual maintenance report regarding water systems B. Storm Drainaee System Maintenance Prepare and implement emergency spill response plan in conformance with STOPPP programs Inspect and clean all catch basins and storm drain inlets at least once per year Compile written maintenance records and prepare written annual maintenance report for storm drain system C. Sanitary Sewer and Lift Station Maintenance Hydro-flush cleaning of all gravity sewer/mains Prepare and update annually a Attach a copy of the system rehabilitation and plan. replacement plan Inspect and complete Attach EMID preventive maintenance on incident work sewer lift station components orders. including pipes, pumps, automatic controls, and monitoring/communication equipment Month Activity to be Performed Complete in Fall season Annual Maintenance and/or Procedure to be Equipment to be Month Activity to Surveyin2 Activity Followed Used be Performed Clean and vacuum lift station Every six (6) wet well months Inspect and complete preventive maintenance on lift station standby generator Clean and vacuum grease traps and interceptors monthly and schedule annual inspection by City source control inspector D. Street Lb?:ht Maintenance Perform monthly street light inspections and record all street light outages and malfunctions on a Monthly Survey Log Promptly repair, restore and/or replace equipment and components for all street light outages and malfunctions indicated on the Monthly Survey Log Perform general maintenance procedures for all street lights that have failed, deteriorated and/or malfunctioned from the normal operation of the street lighting system CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • 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 th e truthfulness, accuracy, or validity of that document. State of California County of $A.N7'4 k~ On -~l~o~-i~s::--~'~'=-~--before me, ___ --_\-'-#-kA~CJ::~~~k~~~----~.,(J=o~Z~~~-1f_p,,__u~b0~_L--__ _ Date Here Insert Name and Titleof:the Officer personally appeared ----------~=l,)~f---~--___;.c..Al...c......,f:-~---'-H._PI_N _________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hi s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the in strument. -~••oono otnooonoooo ,, ,. ' JACK LEE I " ,'j. Comminion # 2069206 · :,, '~ Notary Public -California I , .,.-&, sani.. Clara County - ;..,. .; ~ ... o J:'l :°'!"! etre ~al t,3}&1 el Place Notary Seal Above 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. ----------------oPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ~7 ~ Cft,/71~ of'(..;t.,,~~,,r,,-J Title or Type of Document:S:IOf{.M wli\1t'lL--M~10ALtt-bvtC: Document Date: /O· ls:-,~ Number of Pages: ___ Signer(s) Other Than Named Above: A J-v'jMN 7fr-> prrll<..-~ (;,-~£-Arr,,.f/ Al-,v~' .,,. Capacity(ies) Claimed by Signer(s) Signer's Name:_____________ Signer's Name: ____________ _ D Corporate Officer -Title(s): _______ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:________________ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800 -US NOTARY (1 -800-876-6827) Item #5907 CALIFORNIA AL L-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 5 ~-k, ~ } 0 n ~~, ½ i--D t '1-,, before me, ___,,"-'\.L:e=...;_v _t ..:....t>, _ ____,,_,_....:..1,'-N -=.,...&;,.:;_T-'----.+,,-:-::,,....:....::;:.......:..--A----=-~---= .(_) ( e re insert name a n personally appeared ~vv'--k-~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. (Tit e or description of attached document) )!'11'! ~ "S1 ... ~-D~ I (Title or description of atta ched document continu ed) (Notary Public Seal} • State and Co unt y infonn ati on must be th e Sta te and County where th e doc um ent signer(s) persona ll y appea red befo re th e notary pu b lic fo r ac kn ow led g ment. • Date o f notaii zati on must be th e d ate th at th e signer{s) persona ll y a ppea red whi ch mu st a lso be th e sam e d ate th e ackn ow led gment is co mpleted . Number of Pages _@_ Docume nt Date l Ol '?t I J lo • Th e no tmy publi c must p1int hi s or her name as it a ppea rs wi thin hi s o r her co mmi ss ion fo ll owed by a comma and th en yo ur titl e (notaiy pub li c). CAPACITY CLAIMED BY THE SIGNER Df-Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in -Fact o Trustee(s) o Other _________ _ 2015 Version www.NotaryClasses .com 800-873 -9865 • Print th e nam e(s) of docum ent s igner(s ) wh o pe rso nall y appea r at th e time o f notari zat ion. • Indi cate th e con-ee l s in gul ar or plura l fonn s by cross in g off in con-ec t fonn s (i .e. he/she/tl½ey;-is /ttFe) o r c ircling th e con-ect fonn s. Fa ilure to con-ectl y indi ca te thi s in fo nnati o n may lead to rej ec ti o n of doc um ent re co rd ing . • Th e notaiy sea l impress ion mu st be c lear and photogra phi call y re producible . Im press ion mu st not cover tex t or lin es. If sea l im pression smud ges , re-sea l if a s u ffi c ient a rea pennits, oth e1wi se comp lete a diff'e rent ackn o wl edgm ent form. • S ignature of th e notary publi c must match th e signatu re on fil e w ith th e office of th e county c lerk . •:• Additi o nal in fo nnati on is not required but co uld help to ens ure thi s ackn ow ledgm ent is not mi sused or att ac hed to a different d oc wnent. •:• In d icate titl e or ty pe o f attached d oc um ent , number o f pa ges a nd date. •:• lndi cate th e capac ity cla im ed by th e s ign er. If th e claimed ca pa c ity is a corp ora te o ffi cer, indi ca te th e titl e (i.e. CEO, C FO, Secretmy ). • Sec urel y attach thi s d oc um e nt to th e s ig ned d oc um ent w ith a stap le.