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18-036 Installation Agreement, 10036 Crescent Rd APN 326-17-052RECORDING 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 23903542 Regina Alcomendras Santa Clara County -Clerk-Recorder 04/05/2018 09:43 AM Pages: 17 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) INSTALLATION AGREEMENT 10036 Crescent Road, Cupertino, CA APN: 326-17-052 ,P 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 February 15, 2018, from 10036 Crescent Road, 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: March 23, 2018 By: ~ Lauren Sapudar Senior Office Assistant City of Cupertino INSTALLATION AGREEMENT (Cupertino Municipal Code Chapter 14.04) 10036 Crescent Road, Cupertino CA 95014 APN 326-17-052 This INSTALLATION AGREEMENT ("Agreement") is made and entered into this {6°~day of ~a..Jvt,6" , 20_!!__, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, ("CITY"}, and Hengye, LLC, a California limited liability company ("DEVELOPER"} for a single family residence located at 10036 Crescent Road, Cupertino CA. RECITALS 1. DEVELOPER has presented to the City an application for a development entitlement consisting of a new single family residence (the "Development Entitlement") located at 10036 Crescent Road, 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 10036 Crescent Road, Grading, Drainage and Street Improvement Plan, prepared by LC Engineering and dated N'l.'\t · ~ ( 'Ult'\--, 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: P age 1 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 Sanita r y 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 . Developer shall acquire all necessary permits, includ i ng an encroachment permit from the City of Cupertino Public Works Department, prior to beginning work in the public right of way. 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 responsib i lity 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 authori zed in writing by the City Engineer. In the even t 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 t he CITY completes the Work, the CITY may recover any and all costs incurred Page 2 of 11 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. 3. DEDICATION OF EASEMENTS OR RIGHTS OF WAY The DEVELOPER offers to dedicate the real property shown on Exhibit "A" and "B", which is attached hereto and made a part hereof by reference (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 title insurance issued by a title insurance company and insuring the CITY, showing that the Dedicated Property is free and clear of all liens or encumbrances except any that the City expressly agreed to waive. 4. QUITCLAIM DEED DEVELOPER, when requested by the CITY, shall quitclaim all his/her rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath sa i d 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 C, 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 C, 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 Page 3 of 11 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 do so. 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 said 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 percent 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 six 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 described in this Agreement, and all taxes required by law. b. Fees. Developer shall pay fees in the amounts set forth in Exhibit 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 this 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. Page 4 of 11 (2) Storm 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. (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. Page 5 of 11 8. STREET TREE INSTALLATION 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. Page 6 of 11 13. EASEMENTS AND RIGHT-OF-WAY 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 To the fullest extent allowed by law, DEVELOPER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, officials, agents, employees, servants, consultants and volunteers (hereinafter, "lndemnitees") from and against any liability, loss, damage, expense, and cost (including reasonable legal fees and costs of litigation or arbitration), resulting from injury to or death of any person, damage to property, or liability for other claims, stop notices, demands, causes of actions and actions, arising out of or in any way related to Developer's performance or nonperformance of his/her duties under this Agreement, or from negligent acts or omissions or willful misconduct of Developer, its agents, employees, contractors, or subcontractors. Developer shall, at his/her own cost and expense, defend any and all claims, actions, suits or legal proceedings that may be brought against the City or any of the lndemnitees (with council acceptable to City) in connection with this Agreement or arising out of Developer's performance or nonperformance of his/her duties and obligations hereunder, 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 the encroachment permit for installation of improvements in the public right of way, 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. Pag e 7 of 11 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. DEVELOPER shall file with the City Engineer at or prior to the time of issuance of an encroachment permit for installation of the improvements required in 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 pl~ns 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 Page 8 of 11 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 addition to the costs of the improvements shall be proper charges against the security 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 Developer shall be addressed to Developer at: Hengye LLC 10193 Parkwood Dr Apt. #1 Cupertino, CA 95014 Attention: Fenge Zhu 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 jurisdiction 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 litigating incurred by the City, even if Developer subsequently resumes and completes the work. 21. RELATIONSHIP OF PARTIES P age 9 of 11 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 Agreement 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 . 23. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied 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 their respect ive, duly authorized officers on the date listed above. Approved as to form : Attach Notary acknowledgement Exhibits: Exhibits A & B-Dedicated Property Exhibit C -Schedule of Bonds, Fees and Deposits Page 10 of 11 CITY OF CUPERTINO: Director of Public Works DEVELOPER: Fenge hu, Manager Hengye, LLC EXHIBIT "A" LEGAL DESCRIPTION 10' WIDE ROADWAY DEDICATION 10036 CRESCENT ROAD, CUPERTINO APN 326-17 -052 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 4, AS SHOWN ON THAT CERTAIN MAP ENTITLED "RECORD OF SURVEY OF LOTS 4 & 5 OF RUSSELLHURST MONTA VISTA ", RECORDED ON AUGUST 30, 1974, IN BOOK 345 OF MAPS .AT PAGE 31, SANTA CLARA RECORDS , AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT, THENCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 89°38'00" EAST 10.00 FEET; THENCE LEAVING SAID NORTHERLY LINE AND ACROSS SAID LOT SOUTH 00 °00'00" EAST 85.22 FEET PARALLEL WITH AND 10 .00 FEET EASTERLY, RIGHT ANGLE MEASURED FROM THE WESTERLY LINE OF SAID LOT, TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT ; THENCE ALONG SAID TANGENT CURVE HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 89°38'00", AND AN ARC LENGTH OF 23.47 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY LINE OF SAID LOT ; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NORTH 89 °38 '00 " WEST 9.90 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID TANGENT CURVE HAVING A RADIUS OF 15.10 FEET, THROUGH A CENTRAL ANGLE OF 89°38 '00 ", AND AN ARC LENGTH OF 23 .62 FEET TO A POINT OF TANGENCY ON THE · WESTERLY LINE OF SAID LOT; THENCE ALONG SAID WESTERLY LINE NORTH 00 °00 '00 " EAST 85.12 FEET TO THE POINT OF BEGINNING . CONTAINING 1,000.6 SQUARE FEET, MORE OR LESS . SEE EXHIBIT B FOR THE ACCOMPANYING PLAT, ATTACHED HERETO AND MADE A PART HEREOF. BASIS OF BEARINGS : THE NORTHERLY LINE OF LOT 4 AS MONUMENTED AND SHOWN ON THE RECORD OF SURVEY, RECORDED IN BOOK 345 OF MAPS, AT PAGE 31, SANTA CLARA COUNTY RECORDS, TAKEN AS NORTH 89 °38'00" WEST. LC ENGINEERING 598 E Sa nta Cl ara St, Sui te 270 San Jose Phone: (408} 806-718 7 PREPARED ON JUNE 30 , 2017 LC ENGINEERING ' TOM H. MILO LS NO . 6438 EXPIRIATION DATE 12/31/2018 SHEET 1 OF 2 Fax: (408 ) 583-4 006 EXHIBIT "B" I I LOT 8 AFN 326-17-039 LOT 7 1. .30' sa9·.3a'oo"E 100.12· AFN 326-17-035 I I 0 I <l'. I 0 I 0:: uJ ' sl • I !-SI O , z ~I w I (.) I I (/) 0-' I w 0:: (.) POB 20· fr. S89'.38'00"E 90.12' S89'.38'00"E 10.00' LOT 4 345 M 31 APN 326-17-052 RIGHT-OF-WAY DEDICATION 1,000.60 SF R =15.oo', L=2.3.47' / L\=89'.38 '00", T=14.90' S89'.38'00 "E 75.22' R=15 .10·. L =2.3 .62 ' "--NB9'.3B'oo"w 9 .90 ' _, \ N ~ ci 0 ~ }J.J 0 p 0 ~ 0 0 2: (l,-J lF89'38 '00", T=15.00' o N J ~ S89'.38'00"E (BA SIS OF BEARINGS) ,----·-------------------------<L---· I I 8-' ' I I LEGEND EX ISTING PROPERTY LINE ----NEW PROPER TY LI NE --·<L ·-CENT ER LI NE f PROPER TY LI N E PO B PO INT OF BEG INN ING l2227J1 AR EA TO BE DED ICA TED LOT AREA EX ISTING I 9,975.97± SF PROPOSED I 8, 975 . .37± SF ORCHARD COURT BASIS OF BEARINGS THE NORTHERLY LINE OF LOT 4 AS MONUMENTED AND SHOWN ON THE RECORD OF SURVEY, RECORDED IN BOOK .345 OF MAPS, AT PAGE .3 1, SANTA CLARA COUNTY RECORDS, TAKEN AS N89'.38'oo"w. GRAPHIC SCALE 0 15 30 60 I N FEET ) 1 inch = 30 ft . ~ ~ LOT 5 APN 326-17-051 1 O' WIDE ROADWAY DEDICATION 10036 CRESC ENT ROAD APN 326-17-052 I ~ E N G INEE RING ~ 598 E San t a Clara St #270 San Jose , CA 95112 Cu ertino California SC ALE: 1 .. = 30 , DA TE: 06 /J0/!7 DR \'IG. NAME: PROJtCT NO. SH EET 2 OF 2 Phon e: ( 408) 806 -7187 Fax: 408 583 -4006 Exhibit C SCHEDULE OF BONDS, FEES , AND DEPOSITS Street Improvement Category: PART A. 110-2211 PART B. 110-2211 PART C. 110-4538 PART D. 110-2211 PART E. 215-4072 PART F. 110-4537 PART G. 110-4539 PART H. 280-4082 PART I. Faithful Performance Bond : Labor and Material Bond: Checking and Inspection Fee: Development Maintenance Deposit: Storm Drainage Fee: Street Light -One-Year Power Cost : Map Checking Fee : Park Fee: Reimbursement Fee: Page 11 of 11 $70,000.00 $70,000.00 $3 ,349.00 $0.00 $937.00 $0 .00 $0.00 $0.00 $0.00 ·CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT I A notary public or other officer completing this certificate verifies only the identity of the individual who sign ed the document to I which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~'2~·~---~---- , Notary Public, personally appeared ----~f _R___if\._-=<),_e. __ 2--_k_L\ __________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subsc1ibed 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and co1Tect. WITNESS my hand and official seal. < s;goa~!!-P,bl;0 vU c,,f: (Notary Seal) :19 JULIA KINST 1 : Notari Public · California ~ Santa Ctn Count, ~ Com1111111on ti 2177456 ~ , Mw Com,n. hDiln Ju 25. 2021 I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ~~~ A:f I\{ 3 2--i.L> · 0 · 0~ ~ l ())3 (o Gre--<;: 0-t; ~ (2J (Title or de sc1iption of attached document) (Tit le or description of attached document continued ) Number of Pages d Document Date 2--· I S. l D (Additional infonnation) CAP A CITY CLAIMED BY THE SIGNER (i Indiv idual (s) D Corporate Officer (Title) D Paiiner(s) 0 Attorney-in-Fact D Trustee(s) D Other ____________ _ INSTRUCTIONS FOR COMPLETING nns FORM Any ac/mowledgment completed in California must contain ve rbiage exactly as appears above in the nota,y section or a separate aclmowledgment form must be properly completed and al/ached to tha t docum ent. 77,e 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 no/a,y to do something that is illega l for a nota,y in California (i.e . certifying th e authorized capacity of the signe1). Please check th e document carefi1/ly for proper notari al wording and al/ach this form if required • State and County infonnation must be the State a nd County where th e document s ign er(s) personally appeared b efo re the notaiy public for acknowledgment. • Date of notaiization must be th e date that the signer(s) personally appeared which mu st a lso be the same date the ack no wledgment is completed. • The nota1y public must print hi s or her name as it appears withi n his or her commission followed by a co nuna and then your title (notaiy public). • P1int the name(s) of document s igner(s) who personally appear at the time of nota1i zation. • Indicate the co1Tect s in g ular or plural fonns by crossi ng off in co1Tect fonns (i.e. he/she/they, is /are) or c irc ling the COITect fonns . Failure to co1Tectl y indicate this infonnation may lead to rejection of document recording. • The nota1y seal impress io n must be clear and photographically reproducible. Impress ion mu st not cover text or lines. If sea l impress ion s mud ges, re-seal if a suffi c ient area pennits, othe1wise compl ete a different acknowledgment fonn. • Signature of the notaiy public mu st match th e sig nature on file with th e office of the county c lerk. •:• Additiona l infonnatio n is not required but could he lp to ensure thi s acknow ledgment is not 1ni s used or attac hed to a diffe rent do cument. •:• Indicate titl e or type of attached document, number of pages and date. •:• Indi cate the capacity c laimed by the s igner. If the claimed capacity is a co1 p orate officer, indi cate the title (i.e. CEO, CFO , Secreta1y). • Securely attach this document to th e signed document C 2004-20 15 ProLink Sign ing Service, In c. -All Righ ts Reserved ,,·ww.TheProLink.co m -Nat ionwide Notary Se rvice CALIFORNIA ALL -PURPOSE C ERTIFI CATE OF ACKNOWLEDGM ENT A notary public or other officer completing this certificate verifies only the identity of the ind ividual 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~~~~_.,(-"-W~a.-__ _ } On ~ \S 11)/ & before me , J l>-U A ~ fN'ST tJo,,,---~"..,"" ~~----,,1-· -~~~--~----~--,(~e~,e~,=ns~e""rt f,-,na=m~e ~an~d=1;=ue~o~ttt+~~----- perSOnally appeared 1\ (Nvl,.u1--~r] -----~------~----~--------------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/the ir authorized capaci ty(ies), and that by his/her/their signa t ure(s ) on the instrument the person(s), or the en t ity upon behalf of which the person (s) acted , exe c uted t he instr ument. I cert ify u nder PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correc t. WITNESS my hand and official sea l. (Notary Pub lic Seal) a JULIA KINST Notary Public -Californ ia j Santa Clara County f Comml11ion ti 2177456 ?! t O O O O ,Ml t0 T"!' t•tr:• t•: t5.2&21I INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This fo rm complies wilh currenl Ca lifornia s 1a1u1 es regardin g no /m y word ing a nd, DE SCRI PTI ON OF TH E ATT ACHED DOC UMENT / l/L~t3-~\_, ~~ I /Ju 12 & OIK-S ~ tdJ (Title 'or desc ription of attached do cument) Jrh( J:J 2<e -i 1-. os'l (Titl e or des cription of atta ched docum ent co ntinu ed) Number of Pages l?2___ Do cument Date 'k · 1t.S .\ i CAPACITY C LAIMED BY THE SI GNER '~ Individual (s) D Corporat e Officer (T itle) D Partne r(s) D Atto rn ey-in-Fact o Tru stee(s) o Ot he r _________ _ 2015 Version www.NotaryC lasses com 800-873-9865 if needed, sho uld be completed and al/ached lo the document. Acknowledgm ents J,-0111 other sta les may be co mp leted for doc11111 ents being sent to th at state so lo ng as th e wo rding does no t require th e Ca lifornia notm)' to violate Ca lifornia notmJ· law. • State an d Count y in fo nnati on must be th e State and C oun ty wh ere U1 e d oc um e nt s ig ner(s) personall y a ppeared before the notmy publi c fo r ac knowled gment. • Date of n otati za tion must be th e d ate th at th e s igner (s) personall y appeared whi ch mu st a lso be U1 e same date th e ackn owledgme nt is comple ted . • The notary pu bli c must prin t his or he r name as it appears withi n hi s or he r co mm iss ion fo ll owed by a comm a and th en yo u r titl e (nota ,y public). • P1int th e name(s) of docum ent s ig ner(s) who persona ll y a ppear at th e tim e o f n otari zati on . • Indi cate th e co ITect s in g u lar o r plura l fo nns by cross in g off it1 c0ITec t fo nn s (i.e . he/she/!hey, is /are ) or c irc ling th e coITec t fo nns. Fa ilure to cmTec tl y in di ca te th is in fo nnatio n may lead to rej ecti on of doc um e nt recordin g. • The notaty sea l impress ion mu st be clea r and pho togra phi ca ll y re pro ducib le . Impress ion mu st not cover tex t or lin es. If sea l impress ion smudges , re -sea l if a su ffic ie nt a rea pennits, otb e,w ise compl ete a d ifferent acknowledgmen t fonn. • Signature of th e nota1y pub lic must matc h th e signature on fil e wi th th e office of the cou nty clerk. •:• Ad di tiona l in fo n nation is not req u ired but could he lp to ens ure thi s acknowledgm e nt is not mi sused or attached to a d iffe ren t doc ument. •:• lndi ca te title or ty pe of att ac hed docu ment, n um ber of pages and d ate. •:• In di cate th e capac ity cla im ed by th e s igner. If th e c laim ed ca pac ity is a corporate o ffi cer, indi cate U1 e titl e (i.e. CEO, CFO, Secre ta1y). • Sec ure ly attach U1i s doc um e nt to th e sig ned d oc um e nt w ith a stap le .