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89-005 Stephen Gazzera Jr. Improvements for 19930 and 19936 Stevens Creek Blvd, Res# 7727i LAW OFFICES GAZZERA, LONDON, SMITH 9 CRUZ STEPHEN GAZZERA, JR. A PROFESSIONAL ASSOCIATION TELEPHONES ROBERT J. SMITH 1134 WEST EL CAMINO REAL (41S) 968-9612 WARNER BLOOMBERG, III (408) 286-1723 HENRY D. CRUZ MOUNTAIN VIEW, CALIFORNIA 94040 FAX (415) 968-1627 J. A. LONDON (RETIRED) March 8, 1989 CERTIFIED MAIL - RETURN RECEIPT City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Attention: Dorothy Cornelius City Clerk Re: 19930 and 19936 Stevens Creek Blvd. Dear Ms. Cornelius: Heretofore with reference to the above property and on January 13, 1989, the undersigned deposited with the City of Cupertino the sum of $5,000.00 by way of personal check to insure recordation of a map or agreement dated January 12, 1989, between the City of Cupertino and Stephen Gazzera, Jr. Copies of receipt for the sum of $5,000.00 are enclosed herewith. The map guaranteed to be recorded was filed on the 24th day of February, 1989, at 2:19 p.m., in Book 596 of Maps at Page 37. File Number 10019691. Accordingly, the act guaranteed has been performed and it would be appreciated if forthwith you would promptly transmit to me the sum of $5,000.00. Please advise. Very truly yours, GAZZERA, LONDON, SMITH & CRUZ STEPHEN AllERA, R. SIG: bri enclosure cc: Robert Cowan - City of Cupertino LAW OFFICES GAZZERA, LONDON, SMITH 8 CRUZ STEPHEN GAZZERA, JR. A PROFESSIONAL ASSOCIATION ROBERT J. SMITH (134 WEST EL CAMINO REAL WARNER BLOOMBERG, III HENRY D. CRUZ MOUNTAIN VIEW, CALIFORNIA 94040 J. A. LONDON (RETIRED) January 13, 1989 City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Re: 19930 and 19936 Stevens Creek Blvd. Gentlemen: TELEPHONES (415) 968-9612 (408) 286-1723 FAX (415) 968-1627 As demanded by the City of Cupertino there is delivered herewith a cashier's check in the sum of $5,000.00 made payable to the City of Cupertino. This check is deposited with the City of Cupertino as security to guarantee that a final map currently pending before the City will be recorded by the undersigned within three ( 3 ) months of the date said map is approved by the City Council of Cupertino. Also delivered herewith are the following: 1. Agreement evidencing the understanding of the undersigned that he must record the said map within ninety (90) days of the approval of said map by the City Council. 2. Quitclaim Deed and authorization as prepared by the City of Cupertino. 3. An Agreement prepared by the City of Cupertino relative to the referenced properties. it is further my understanding that this $5,000.00 amount deposited herewith will be repaid to the undersigned promptly upon the recordation of the map as agreed. Very truly yours, By: STEPH N GAZZ , JR. Received by: CITY OF CUPERTINO RECEIPT No. 48120 DATE 3 8 -� 9 RECEIVED -7 �p FROM �J��t�L-Z��/`�t- 9 54464 CROWN BUSINESS SYSTEMS SUNNYVALE. CA. 94086 CiN Of CuPcrti"O 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 DEMENT OF THE CITY CLERK February 27, 1989 Attention: Stephen Gazzera, Jr. 19930 Stevens Creek Boulevard Cupertino, CA 95014 P.O. Box 580 Cupertino, California 95015 We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Stephen Gazzera, Jr. and Peggy J. Gazzera, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 7727, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, February 6, 1989. Sincerely, DOROTHY CORNELIUS CLERKCITY CITY OF • RT DC/so encl. cc: Department of Public works RESOLUTION NO. 7727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED AT 19930 and 19936 STEVENS CREEK BOULEVARD, DEVELOPER, STEPHEN GAZZERA, JR. AND PEGGY J. GAZZERA AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located at 19930 and 19936 Stevens Creek Boulevard by Stephen Gazzera, Jr. and Peggy J. Gazzera; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficieint bonds (letter of credit), fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all easements is hereby ac;.epted. C. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of February , 1989, by the following vote. Vote Members of the City Council AYES: Gatto, Johnson, Plungy NOES: None ABSENT: Koppel, Rogers ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ John J. Plungy, .Tr. City Clerk Mayor, City of Cupertino Resolution No. 7727 EXHIBIT "A" DEVELOPMENT: Commercial DEVELOPER: Stephen Gazzera, Jr. and Peggy J. Gazzera LOCATION: 19930 and 19936 Stevens Creek Boulevard A. FAITHFUL PERFORMANCE BOND: $2,300.00 Two Thousand Three Hundred and 00/100 Dollars B. LABOR AND 'TATERIAL BOND: $2,300.00 Two Thousand Three Hundred and 00/100 Dollars C. CHECKING AND INSPECTION FEE: $ 200.00 Two Hundred and 00/100 Dollars D. INDIRECT CITY EXPENSES: $ 30.00 Thirty and 00/100 Dollars E. DEVELOPMENT MAINTENANCE DEPOSIT: $1,000.00 One Thousand and 00/100 Dollars F. STORM DRAINAGE FEE: $2,420.00 Two Thousand Four Hundred Twenty and 00/100 Dollars G. ONE YEAR POWER COST: N/A H. STREET TREES: BY DEVELOPER I. MAP CHECKING FEE: $ 210.00 Two Hundred Ten and 00/100 Dollars J. PARK FEE: N/A K. WATER MAIN EXTENSION DEPOSIT: N/A L. MAPS AND/OR IMPROVEMENT PLANS: As specified in Item #23 PART M. Reimbursement to City for Undergrounding $7,533.00 Seven Thousand Five Hundred Thirty Three and 00/100 Dollars AGREEMENT 19930 & 19936 STEVENS CREEK BLVD. This AGREII M made and entered into this 12th day of January , 19 8 9 , by and between the CITY OF CUPERI'INO, a municipal corporation of the State of California, hereinafter designated as CITY, and STEPHEN GAZZERA, JR. & PEGGY J. GAZZERA hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a PARCEL MAP AND BUILDING PERMIT to construct and maintain a COMMERCIAL BUILDING hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by KIER & WRIGHT ; a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." 1 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: Street Improvement Category: PART A. Faithful Performance Bond: $2,300.00 TWO THOUSAND THREE HUNDRED AND 00/100 DOLLARS PART B. Labor and Material Bond: $2,300.00 TWO THOUSAND THREE HUNDRED AND 00/100 DOLLARS PART C. Checking and Inspection Fee: $ 200.00 TWO HUNDRED AND 00/100 DOLLARS PART D. Indirect City Expenses: $ 30.00 THIRTY AND 00/100 DOLLARS PART E. Development Maintenance Deposit: $1,000.00 ONE THOUSAND AND 00/100 DOLLARS PART F. Storm Drainage Fee: $2,420.00 TWO THOUSAND FOUR HUNDRED TWENTY AND 00/100 DOLLARS PART G. One Year Power Cost: N/A PART H. Street Trees: By Developer PART I. Map Checking Fee: $ 210.00 TWO HUNDRED TEN AND 00/100 DOLLARS PART J. Park Fee: N/A PART K. Water Main Extension Deposit: N/A PART L. Maps and,/or Improvement Plans: AS SPECIFIED IN ITEM #23 PART M: REIMBURSEMENT TO CITY FOR UNDERGROUNDING $7,533.00 SEVEN THOUSAND FIVE HUNDRED THIRTY THREE AND 00/100 DOLALRS 2 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encuunbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication. (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTAL mrON OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to cca plate the Work in whatever manner the CITY shall decide. In the event the CITY ccmpletes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and ccanplete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. 3 C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. s �► • - �, 4�My It is further agreed that the DEVELOPER shall ccnply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the ccmrexrAmient of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. A. Upon the execution of this AGREE! V=, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREE'. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREE MU, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT!'. In the event that improvements are to be made under this AGREE[=, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indenzufy the CITY for the DEVELOPER' S. failure to so do. 4 B. In lieu of a_surety bond, the DEVELOPER may elect to secure this AGREE[= by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have ;-:ten required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this 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. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. It is further agreed that 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 AGREES!', the amount as set forth herein at Page 2 (Part C). 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. It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). It is further agreed that the 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, the amount as set forth herein at Page 2 (Part I). 5 • �1 •' 171 /• � �I /• M � 71'•s It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F). The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGRMUM, the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. 13. THE INSTAr r CN OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. 14. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated unider Part J, Page 2 herein. A 14-A. PARK HE AD7US2II`a'I' F-c=IONS The value of the land used in establishing the "Park Fee" outlined herein cn Page 2, Part J, requires formal confirmation. The CITY shall employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" based on the appraisal. The Developer agrees to pay for any deficiency'within thirty. (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 15. MAUrr-E LANCE OF TZRK It iS further agreed that the DEVELOPS shall Main the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standards and specifications for the Work. The DEVELOPER shall, uron written notice thereof, immediately repair or replace, without ccst or obligation to the. City of Cupertino, arnd to the entire satisfaction of said =, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 16. SANI'= DISTRICT It is further agreed that the DEVE p_rR execution of this A=--ZZ ', a letter faun try stating ng that the DEVELOPER has entered into e said District to install sanitary setaers to Project and stating that a bond to insure ful: the cons "-uct...ion of the said sanitary sewers said sanitary sewer in conformance with the Paragraph 15 above has been filed. 17. GCVr---RN= CODE shall file with =, =on Cupertino Sanitary District separate AMEZYMU with the serve all lots within said . and faithful performance of and to insure maintenance of provisions as set forth in It is further agreed that DE=PER shall file with CITY, upon execution of this AGR , substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the C-overrment Code, pertaining to special assessments or bonds, have been camplied with. 18. CINT= FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AG'REE=, a letter fram the Central Fire Protection District of Santa Clara Cc n7ty, stating that the DEVELOPER has entered into an AGE with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 19. PA=C GAS AND ELECIRIC/PAC=C Ffr7 T It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric C=many and/or to PACIFIC MT, Cc:mpany any and all fees rewired for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees reau_xed for uncle go n d ng as Provided in Ordinance No. 331 of CITY when DE-VE'LOPER is notified by either the City Engineer or the Pacific Gas and Electric Ccnpany and/or PACIFIC EII,I, Company that said fees are due and payable. 7 2 0 . EASE[= AND RI= -OF -WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental casts in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 21. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY frOM and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising cut of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 22. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY 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 be excess insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. 8 A. Each of said. policies of insurance shall provide coverage in the following minim= amounts; For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMERr by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co -name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. ► - • - r 1' -.� ICI It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and seven (7) prints of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transfe Tses of the DEVELOPER. The assignment of this AGREII= shall not be made without approval by the City Council of the City of Cupertino. 9 IN WITNESS WHMWF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, theunto duly authorized by resolution of the City Council and said DEVEIDPER has hereunto caused his name to be affixed the day and year first above written. Approved as to form: City Attorney yor City. Clerk, .-m- /> 0 STATE OF CALIFORNIA On this .... l 2 th ........ day of .. JanuaY.y .. , . ,in the year .. 1.9.8.9 ss.........................................................................before me, COUNTY OF.. �$AN.TA CLARA , a Notary Public, State of California, duly commissioned and sworn, personally appeared .............................. .... STEPHEN. GAZZ.ERA,. JR....and..PEGGY GAZZER.A personally known to me (or proved to me on the basis of satisfactory evidence) to be 16arbara J. Ryan Ivey 4 the person. S.. whose name ... are ........... .......................... ......... TARY PUBLIC-CALIFORNIA subscribed to this instrument, and acknowledged that ..t . he . e.. executed it. ANTA CLARA COUNTYIN WITNESS WHEREOF I have hereunto set m hand and affixed m official seal 16mmission Expires Nov. 25, 1990 y y in the... City.. of . Mountain..View.......................... County of .................. Santa —Clara .................... on the date set forth above in this certificate This document is only a general form which may be proper for use in simple transactions and in no - way acts, or is intended to act, as a substitute for the advice on an attorney. The printer does not otary gorlic, State of California make any warranty, either express or implied as to the legal validity of any provision or the suitability of these forms in any specific transaction. 1 1— 2 5 — 9 0 My commission expires Cowdery's Form No. 32 — Acknowledgement to Notary Public — Individuals — (C.C. Sec. 1189) — (Rev. 1/83)