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E-846 Stormwater Management Facilities Operation, Maintenance and Easement Agreement, APN 366-46-004 (22045 Regnart Rd )RECORDING 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 24074656 Regina Alcomendras Santa Clara County -Clerk-Recorder 12/03/2018 03:44 PM Till es: 1 Fees : 10 . 00 Taxes : 0 Total : 0.00 Pages: 15 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STORMW ATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE, AND EASEMENT AGREEMENT Robert A. Bigler and Punita P. Bigler, Trustees of The Bigler Trust created on September 10, 1997 APN 366-46-004 )'sf 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 22, 2018, from Robert A Bigler and Punita P. Bigler, Trustees of The Bigler Trust created on September 10, 1997 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: November 27, 2018 t au/en 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 RECORDfNG FEES PER GOVERNMENT CODE §6103 Space above this line for Recorder's use. STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 22045 Regnart Road, Cupertino, CA 95014 This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT ("Agreement") is made and entered into this 71~& day of O:::\:c:i 'oe..v , 2018, by Robert A. Bigler and Punita P. Bigler, trustees of The Bigler Trust created on September 10, 1997, ("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 ofland located at 22045 Regnart Road, Cupertino, CA and as more particularly shown on that Parcel Map filed for record with County of Santa Clara Recorder's Office, in Book .11i_ of Maps, at Pages 50-51., on Odobe:< 36 , 2018 ("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, stonnwater management and trash capture facilities ("Facilities") as more particularly described and shown in the Stormwater Management Plan prepared by Giuliani -1- & Kull , Inc. and dated October 2018 , which plan , together with any and all amendments , including future amendments , thereto (collectively , the "SWMP"), are on file with the Public Works Department of the City of Cupe1iino , 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 Paiiies 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 p01iion 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 Prope1iy 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 Prope1iy 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 fonn attached hereto as Exhibit A 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 rep01i 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 repo1i 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 Facilities before the rainy season; this inspection shall occur between August 1st and September 30 each year. More -2- frequent inspections may be required to comply with the maintenance standards. The results of inspections shall be recorded on the Maintenance Inspection Report. 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 areas as depicted and described as Private Ingress and Egress Easement (PIEE) and Private Storm Drainage Easement (PSDE) as shown on that Parcel Map filed for record with County of Santa Clara Recorder's Office , in Book _g_li of Maps , at Pages 50-~ 2, on Qc±o k"' 30 , 2018 ("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 f01iy-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 BatTiers. 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 dete1mines 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 cotTective action as soon as possible following receipt of notice from the City), Covenantor fails to conect any defect in the Facilities in accordance with the approved design standards , the SWMP , the Ordinance , and all other applicable state , federal , and local laws, rules , and regulations , or Covenantor otherwise fails to comply with the maintenance and repair obligations set fo1ih in the SWMP and this Agreement, the City shall have the right upon delivery of fo1iy-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 -3- 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 com1ection with the performance of such work. If such costs are not paid within the prescribed time period , the City may assess Covenantor the cost of 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 pennanent 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. To the fullest extent allowed by law, Covenantor 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 the ownership, operation, use of the area, maintenance, or failure to maintain, the Facilities, or the Covenantor's performance or nonperfonnance of his/her duties under this Agreement, or from negligent acts or omissions or willful misconduct of Covenantor, its agents, employees, contractors, or subcontractors . Covenantor 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 Indemnitees (with council acceptable to City) in connection with this Agreement or arising out of Covenantor'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. 9. Obligations and Responsibilities of Covenantor. Initially, the Covenantor named above shall be solely responsible for the perfonnance 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 p011ion thereof (a "Transfer") to a third paiiy, the Covenantor shall be released of its obligations and responsibilities under this Agreement accruing after the date of such Transfer to the extent such obligations and responsibilities are applicable to that portion of the Prope11y 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 dete1mines , in the exercise of its sole discretion , at any future time that the Facilities are no longer required, then it -4- promptly shall so notify the Covenantor or its successors and/or assigns in writing, and at the written request of the Covenantor, the City shall execute a tennination 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 confinned 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 T01re Ave Cupertino CA 95014 Attention: Public Works Director With copy to: City of Cupertino 10300 To1Te Ave Cupertino CA 95014 Attention: City Attorney Covenantor: 11230 Bubb Rd. Cupe1iino , CA 95014 Attention: Robert Bigler 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 respects , 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 th e 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 paii or provision of this Agreement shall be detennined 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 relinquishment 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 perfo1mance 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 pa1iy 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 rnle 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 ifrepealed, to such other provisions as may thereafter govern the same subject. The recitals above and exhibits attached hereto are a substantive paii 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 WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written . COVENANTOR: By pc::z RoifertA.Bigler, Trustee By: M1(J Punita P. Bigler, Trnstee (Notary acknowledgment to be attached) CITY: CITY OF CUPERTINO, a municipal corporation ~i~m~ Director of Public Works (Nota,y acknowledgment to be attached) ATTEST: DASTOFr=/ U?:A'o ~'.,,,Vt, -8- EXHIBIT "A" Bioretention Area (including Bioreten~ion Swale) Maintenance Plan for Project Address and Cross Streets ____ _ 22045 Reg nart Rd ., Cupert ino CA 95 01 4 Assessor's Parcel No .: Property Owner: Robert & Pun it a Bi gler Phone No .: _________ _ Designated Contact : Phone No .: ________ _ Bioretention areas 'runction as soil and plant- based filtration d e vices th at rE1mov e pollutants through a variety of physical, biologica l, and chemical treatment processe s . These facilities normally consist of a gras s buffer strip, sand b ed, ponding area, organic layer or mulch layer, planting soil, and plants. Mailing Address: __ 1_12_3_0_8_u_bb_Rd ______ _ Cuper t ino, CA 9501 4 the-properfy-eoot-ai-n -iofet ei't~i0fl-ttrea fs-);-loeat-e-d---as--eleseribed- bel-e w-aA 6-a-s-sfl 0wA -iA-tfle-attaehea-s ~t&-[*l A-1. • Bioretention-Area-No d-s-10 eat-ee-at ------------------ I. Routine Maintenance Activities The principal maintenance objective is to prevent sed iment buildup and clogging , which reduces pollutant removal efficiency and may lead to bioretention area failure . Routine maintenance activities , and the frequency at which they will be conducted , are shown in Table 1. Table 1 Routine Maintenance Activities for Bioretention Areas No. Maintenance Task Frequency of Task 1 Remove obstructions, debris and tra sh from bioretention Monthly , or as needed after storm area and dispose of properly . events 2 Inspect bioretention area to ensure that i1 drains be twe en Monthly , or as needed afte r storm storms and within five days after rainfall. events 3 Inspect inlets for channels, soil exposure or other Monthly, or a s needed afte r storm evidence of erosion . Clear obstructions and remove events sediment. 4 Remove and replace ali dead and disea s ed vegetati on. T\.;~ce a ye ar 5 Maintain vegetation and the irrigation system . Prune and Before wet season begins , or as weed to keep bioretention area neat and orderly in needed appearance . 6 Check that mulch is at appropriate depth (3 inches per soil Monthly specifications) and re pl enish as necessary before wet season begins . 1 Attached site pl an must mat ch the site plan exhibit to Mainten ance Agreem ent. Page 1 NOS Approved 12 i5/07 , Sc,,'hS\m-"''tOS.._.....C i 1odip.oo!u,<,~o...,... .. ~-.;·...,.,,, ...... r..JT"G,J:.~rrue-a.o....,,c,,p1a.,f-..:>1o..J\.;.. Bioretention Area Maintenance Plan Date of Inspection :, _____ _ Property Addres s:----------Treatment Measure No .: _____ _ Table 1 Routine Maintenance Activities for Bioreten!ion Areas 7 Inspect bi oretention area using the attached Inspection Monthly , or after large storm events , checklist. and after removai of accumulated debris or material II. Prohibitions The use of pesticides and quick release fertilizers shall be minim ized , and the principles of integrated pest management (1PM) followed : 1. Employ non-chemical controls (biological, physical and cultural controls) before using chemicals to treat a pest problem. 2 . Prune plants properly and at the appropriate time of year. 3. Provide adequate irrigation for landscape plants . Do not over water. 4. Limit fertilizer use unless soil testing indicates a deficiency. Slow-release or organic fertilizer is preferable. Check with municipality for specific requirements. 5. Pest control should avoid hanning non-target organisms, or negatively affecting air and water quality and public heatth. Apply chemical controls only when monitoring indicates that preventative and non-chemical methods are not keeping pests below acceptable levels . When pesticides are required, apply the least toxic and the least persistent pesticide that will provide adequate pest control. Do not apply pesticides on a prescheduled basis. 6. Sweep up spilled fertilizer and pesticides . Do not wash away or bury such spills . 7 . Do not over apply pesticide . Spray only where the infestation exists . Follow the manufacturer's instructions for mixing and applying materials . 8 . Only licensed, trained pesticide applicators shall apply pesticides . 9 . Apply pesticides al the appropriate time to maximize thei r effectiveness and minimize the likelihood of discharging pesticides into runoff. Wrth the exception of pre-emergent pesticides , avoid application if rain is expected . 10 . Unwanted/unused pesticides shall be disposed as hazardous waste. Stand ing water shall not remain in the treatment measures for more than five days, to prevent mosquito generation . Should any mosquito issues arise, contact the San Mateo County Mosquito Abatement District (SMCMAD), as needed for assistance. Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the SMCMAD. and then only by a licensed professional or contractor. Contact information for SMCMAD is provided below . Ill. Mosquito Abatement Contact Information County of Santa C l ar a V ecto r Control District 1580 Berger Drive Sa n Jos e, C A 951 1 2 PH: (800)675 -1155 FAX: (408) 298-6356 Email : Vectorinfo @ cep.sccgov .org IV. Inspections The attached Bioretention Area Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance , and record maintenance that is conducted . Page2 ,•.s-9..lit'H...J .'Oi~'d~~Aap:,~,r~th/.w.in .s:i..:,,..,.,.,,J1t-=r:...,_~ ... r-aathLb: Bioretentlon Area Inspection and Maintenance Checklis t Property Address:------------------------Property Owner: Treatment Measure No.: Date of Inspection : Type of Inspection: Monthly Pre-Wet Season After heavy runoff End of Wet Season Other:, _______ _ lnspector(s): --------------- Defect Condition<!! When Maintenance Is Malnten!lnce Comments (Describe meln!enance Results Expected When Needed Needed? (VIN) completed end If needed maintenance wa~ Maintenance Is Performed not conducted, note when I! will be dona) 1. Standing Water Whan water stands In the bloretentlon There should be no areas of area between storms and does not standing water once Inflow has drain within five days after rainfall. ceased . Any of the following may apply: sediment or trash blockages removed, Improved grade from head to foot of bloretentlon area, or added underdrafns. 2 . Trash and Debris Trash and debris accumulated In the Trash and debris removed from Accumulation bloretentlon area. bloretentlon area and disposed of properly. 3. Sediment Evidence of sedimentation In Materlal 'removed so that there Is no bloretentlon area . clogging or blockage. Material Is disposed of properly. 4. Erosion Channels have formed around Inlets. Obstructions and sediment removed there are areas of bare soil, and/or so that water flows freely and other evidence of erosion . disperses over a wide area. Obstructions and sediment are disposed of properly. 5. Vegetation Vegetation Is dead, diseased and/or Vegetation Is healthy and attractive overgrown . In appearance. 6. Mulch Mulch Is missing or patchy In All bare earth Is covered, except appearance. Areas of bare earth are mulch Is kept 6 Inches away from exposed, or mulch layer Is fess than 3 trunks of trees and shrubs . Mulch Is Inches In deplh. even In appearance, at a depth of 3 Inches. 7 . Miscellaneous Any condition not covered above that needs attention In order for the Meet the design specifications. bloretentlon area to function as designed . Bloretentlon Area Maintenance Plan -Page 3 F!\! ...... \SM,, .• lNDS~.l ...._~~IA•...-!IMC"Wn'!'FblDnl'Ol'l-s,«"Wl',,l,l~Arw.....,...n..lthl.Ar CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A n o tary public o r o th er o ffi ce r compl e tin g thi s certifi cate ve rifi es o nl y th e id entity o f th e indivi dual wh o sig n ed the d o cument to which thi s certifi cate is a ttac hed , and n o l th e truthfulness, accuracy, o r va lidity o f th at d ocument. State of California County of -~-~-r_A __ ~------"'--------~-- On Dvl ':}.. ?::J a-o I 8--before me, --~--·l'L-v&J __ ~-,-~-----,-,-----c-:----=~,---------' Notary Public, (He re in se rt n am e and titl e of the o ffi ce r) personally appeared --~--~-=-~_:r __ ~~'ft>~l ~~__c__ ___ !!..-_'P'JA __ "I_I ~-~ __ F __ ~--~ __ rt.... ____ _ 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 coITect. WITNESS my hand and official seal. Notary Public · Cal1forn1a ~ z ~ Santa Clara County ~ z Commission # 2161238 ~ J • ;·~ ·; • wMZ sozir:1 zx g1rzs i ui 2J,j~2d (Notary Sea l) ADDITIONAL OPTIONAL INFORMATION D E SC RIPTION OF THE ATTACHED DOCUM E NT ~~ h/Y\-7~ ~~T ~vl T~ ~~1~1 ~i-..t7VN~Ce- (T itl e or desc rip tio n of a tt ac he d docu m e nt ) (Title or descripti on of a tt ac h ed doc ument c o ntinu ed) Number of Page s \~ Do c um ent Date JI$\ "Z-'V 'l;, (A dditi ona l in fo rm atio n ) C APA9'fY C LAIMED BY THE SIGNER vO Indi v idu al (s) D Co rp o rate Offi cer (Ti tle) D Partner(s) D Attorney-in-Fact D Trnste e(s) D Other ____________ _ INSTRUCTIONS FOR COMPLETING THIS FORM Any ac k nowledgment co mp leted in Ca lifo rn ia must co ntain verbiage exactly as appears above in the nota,y sec tion or a separate acknowledgment fo rm mu st be properly co mp leted and al/ached lo th at doc um ent . The on ly exceptio n is if' a doc um en t is to be reco rded outside of' Californ ia. In s 11 ch instances, any alt ernat ive acknowledgmen t verbi age as may be p rinted on such a docume nt so lo ng as th e verbiage does not req uire th e 11 ota1y to do something that is illegal jar a 110/a,y in Ca liforn ia (i.e. cert /f'y ing the auth orized capac ity of th e signe1). Please check the documen t careji1/ly jar p roper notari al wo rding and allac h thi sjorm if'req 11 ired. • State and Coun ty in fo rm ati o n mu st b e th e S ta te and Coun ty w here th e d oc um e nt s igne r(s) p e rso na ll y a pp eared b efo re th e notary publi c for ack nowledg me n t. • D ate of no tariza tion mu st be th e da te th at th e s ig ner(s) p erso na ll y a pp ea red whi c h must a lso b e the same date th e ac kn owledgme nt is compl eted . • The n otary publi c mu st print hi s or her name as it a pp ears w ithin hi s or her co mmiss io n fo llo we d by a comma a nd th e n your titl e (notary publi c). • Print th e na m e(s) of docume nt sign er(s) w ho persona ll y a pp ea r at th e tim e o f n o tarizat io n . • Indi cate th e co rr ec t s in gular o r plural fo rm s by cro ss in g off in co 1Tec t fo rm s (i.e . he/she/!ttey;-is /fife) o r c irc lin g th e c o1T ec t for m s. Fa ilure to corr ec tl y in d icate thi s in fo m1 ati o n m ay lead to rejec ti o n of docume nt recordin g. • The n ota ry sea l imp ress io n mu st be cl ea r a nd ph o tographi ca ll y re p ro du c ibl e. Imp ress io n mu st no t cover text or lin es. If seal imp ress ion s mudges , re -seal if a su ffic ient a rea permits, o th erw ise compl ete a differe nt ack nowle dgme nt fo nn. • S igna ture of the notary publ ic mu st m a tch th e s ignature on fil e w ith the office of th e coun ty c le rk. •:• Ad d iti onal in fo nm ti on is no t requi red but could he lp to e ns u re thi s ac kn ow ledg me nt is no t mi sused or a tt ached to a di ffe re nt docume nt. •:• Ind ica te titl e or ty pe of a tt ache d doc ume nt, numb er of pages a nd date. •:• Indi cate th e capac ity cla im e d by th e s igner. If th e cl a im ed ca pac ity is a corporate officer, indi ca te th e ti tl e (i.e . CEO , CFO, Secre tary). • Secure ly a tt ach thi s docume nt to th e s ig ned doc ument C 2004 -20 15 ProLink Signing Se rvice, Inc. -All Rights Res erved www.T h e ProLin k.com -Nat ionwide Nota ry Se rvi ce 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_~--~--~C=~~~~-} On (9-U,--~ ;JL/,,?1)1 l before me, J LLL< ~ personally appeared I~ ~ 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. C@ JULI~ KINST [ Notary Public · California J. Santa Clara County ~ I Commission# 2177456 :: i. 0 0 0 0 ,Ml t0 ID 1'!; t·~'&' t•2 2.5}&211 (Notary Public Seal) INSTRUCTIONS FOR COJ\1PLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding nota,y wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached lo the document. Acknowledgments "'2f'..f-ziv-~ 1J. A ,. ... ,. n .... • • _,j from other states may be completed for documents being sent to that state so long ~\J-.. ~, '.-'Ir~~· as the wording does not require the California notary to violate California nolGIJ' &-~ ~1 ,-&,law. (Title or1description of attac ~--,_ • State and County infonnation must be the State and County where the document IJ-.A-(}.. ~ signer(s) personally appeared before the notary public for acknowledgment. Number of Pages _jL Document Date I O · ·~· 1 K CAPACITY CLAIMED BY THE SIGNER 5 Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other __________ _ 2015 Version www.NotaryClasses .com 800-873-9865 • Date of notarization must be the date that the signer(s) personally appeared whi ch must also be the same date the acknowledgment is completed. • The notary public must print hi s or her nam e as it ap pe ars within his or her commission fo ll owed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notari zation . • Indicate the correct singular or plural fonms by crossing off incorrect fonns (i.e. lie/s he/they, is /aFe) or circling the correct fonns. Failure to correctly ind ic ate this infonnation may lead to reje ction of docum ent recording . • The notary seal impression must be clear and photographically reproducible . Impression must not cover te xt or lines. If seal impression smudges, re-seal if a s ufficient area permits, otherwise complete a different acknowledgm ent 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 acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date . •:• Indi cate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO , CFO, Secretary). • Securely attac h this document to the signed document with a staple .