90-045 - Blackberry Farm Recreation Center Purchase, Reso 8325Memorandum of Understanding Between The City of Cupertino
and the Owners of Blackberry Farm
1. This memorandum sets forth the general terms under which the City of
Cupertino (City) will be granted the option of acquiring the property,
improvements, and equipment of Blackberry Farm (Property) from the present
owners of Blackberry Farm (Owners).
2. The property consists of 33± acres that include the picnic grounds, the
playing fields, the swimming complex, the golf course, the restaurant/club
house, maintenance and associated facilities and equipment necessary for
the operation and maintenance of the property.
3. The property does not include, and hereby specifically excludes, the 2
parcels containing residential units presently occupied by the Owners. A
mutually acceptable access easement will be provided to the residence by
the City.
4. Any remaining lease on the restaurant, pro -shop or other facilities will
transfer to the City as part of the property acquisition.
5. The property will be transferred to the City free and clear of all
encumbrances, liens, and assessments.
6. The price to be paid for the property will not exceed $18 million. The
terms and conditions of payment will be determined and detailed in a
separate purchase agreement.
7. The Owners and the City agree that they will mutually explore financing and
tax treatment alternatives that could result in the same or improved net
yield to the Owners as an $18 million cash purchase and an equal or lower
price to the City. Any such alternatives must be mutually agreed upon by
both parties.
8. The City will make good faith efforts to retain the employees presently
employed by the owners to assist in the operation and maintenance of the
property.
9. The City's agreement to acquire the property is contingent upon successful
passage of the utility tax measure that will be before the voters of
Cupertino on November 6, 1990.
10. The parties to this MOU agree that a specific purchase agreement will be
developed prior to November 6, 1990.
11. The Owners agree not offer the property for sale to another party prior to
November 6, 1990.
12. The November 6,
parties.
Tom Nelson
Blackberry Farm
1990 date may be extended at the mutual consent of both
Jydy Lo4i6s
8lackb9&ry Farm
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Berliner, Cohen & Biagini
Ten Almaden Blvd., Eleventh Floor
San Jose, CA 95113
Attn: Edward F. Malysz, Esq.
EASEMENT AGREEMENT
This Easement Agreement ("Agreement") is made and entered into
this 31= day of}7 `L , 1991 ( "Effective Date") by and among
Blackberry Farm Recreation Center, a California corporation
("Grantor"), and Selma Elida Nelson, as Trustee of that certain
Declaration of Trust of Selma Elida Nelson dated January 19, 1984
("Parcel A Owner"), and Dan Tommy Nelson, as Trustee of the Eric
Nelson and Gulli Nelson Revocable Trust executed June 16, 1983
("Parcel B Owner"). Parcel A Owner and Parcel B Owner are
sometimes referred to herein individually as an "Owner" and
collectively as "Owners".
RECITALS
A. Grantor is the fee owner of certain real property located
in an unincorporated area of the County of Santa Clara, State of
California, as more particularly described on Exhibit "A" attached
hereto ("Servient Tenement").
B. Parcel A Owner is the fee owner of certain improved real
property adjacent to the Servient Tenement and located in an
unincorporated area of the County of Santa Clara, State of
California, as more particularly described on Exhibit "B" attached
hereto ("Parcel A").
C. Parcel B Owner is the fee owner of certain improved real
property adjacent to the Servient Tenement and located in an
unincorporated area of the County of Santa Clara, State of
California, as more particularly described on Exhibit "C" attached
hereto ("Parcel B"). Parcel A and Parcel B are sometimes referred
to herein collectively as the "Parcels."
D. Pursuant to that certain Contract for Purchase and Sale
of Real Property dated February 4, 1991, as amended ("Contract"),
Grantor agreed to sell the Servient Tenement to the City of
Cupertino, a California municipal corporation ("City"), and City
agreed to purchase the Servient Tenement from Grantor. In
connection therewith, and as a condition to closing, the Contract
requires Grantor to grant to Owners certain appurtenant easements
for ingress and egress and the installation and maintenance of
utility pipelines on, over, under and across portions of the
Servient Tenement. The Contract also requires City to perform
certain obligations in connection with the installation,
maintenance and repair of certain utility pipelines on, under and
across portions of the Servient Tenement following the conveyance
of the Servient Tenement by Grantor to City.
E. Grantor now desires to grant to Owners certain easements
for ingress and egress and the installation, maintenance and repair
of utility pipelines on, over, under and across portions of the
Servient Tenement, and to provide for the maintenance and repair
of a driveway located upon a portion of the Servient Tenement and
the installation, maintenance and repair of certain utility
pipelines on, under and across portions of the Servient Tenement,
all upon the terms and conditions set forth hereinbelow.
NOW, THEREFORE, for valuable consideration, the receipt of
which is hereby acknowledged, the parties hereto agree as follows:
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1. Grant of Easements.
(a) Surface Easements.
(i) Driveway Easements. Grantor hereby grants to
Parcel A Owner and Parcel B Owner, for the benefit of Parcel A
Owner and Parcel B Owner and their respective agents, contractors,
subcontractors, tenants, invitees, successors and assigns,
perpetual nonexclusive easements for vehicular and pedestrian
ingress and egress on, over and across a portion of the Servient
Tenement more particularly described on Exhibit "D" attached hereto
and shown on the site plan ("Site Plan") attached hereto as Exhibit
"E" ("Driveway Area"), subject to the terms and conditions set
forth hereinbelow ("Driveway Easements").
(ii) Above -Ground Utility Easements. Grantor hereby
grants to Parcel A Owner and Parcel B Owner, for the benefit of
Parcel A Owner and Parcel B Owner and their respective agents,
contractors, subcontractors, tenants, invitees, successors and
assigns, perpetual nonexclusive easements for the maintenance,
repair and replacement of existing above -ground utilities and
related poles, wires and conduits on, over, above and across
portions of the Servient Tenement for purposes of providing
electrical, telephone and other necessary utility services to
Parcel A and Parcel B, subject to the terms and conditions set
forth hereinbelow ("Above -Ground Utility Easements").
(b) Subsurface Easements.
(i) Parcel A. Grantor hereby grants to Parcel A
Owner, for the benefit of Parcel A Owner and its agents,
contractors, subcontractors, tenants, invitees, successors and
assigns: (A) a perpetual nonexclusive easement for the placement,
installation, maintenance and repair of an underground utility
pipeline on, under and across a portion of the Servient Tenement
more particularly described in Exhibit "F" attached hereto for
purposes of providing water utility services to Parcel A; (B) a
perpetual nonexclusive easement for the placement, installation,
maintenance and repair of an underground utility pipeline on, under
and across a portion of the Servient Tenement more particularly
described in Exhibit "G" attached hereto for purposes of providing
sewer utility services to Parcel A; and (C) perpetual nonexclusive
easements for the placement, installation, maintenance and repair
of such other underground utility pipelines on, under and across
portions of the Servient Tenement as may be necessary to provide
gas, electrical, telephone and other underground utility services
to Parcel A, all subject to the terms and conditions set forth
hereinbelow (collectively, "Parcel A Subsurface Easements").
(ii) Parcel B. Grantor hereby grants to Parcel B
Owner, for the benefit of Parcel B Owner and its agents,
contractors, subcontractors, tenants, invitees, successors and
assigns: (A) a perpetual nonexclusive easement for the placement,
installation, maintenance and repair of an underground utility
pipeline on, under and across a portion of the Servient Tenement
more particularly described in Exhibit "H" attached hereto for
purposes of providing water utility services to Parcel B; (B) a
perpetual nonexclusive easement for the installation, maintenance
and repair of an underground utility pipeline on, under and across
a portion of the Servient Tenement more particularly described in
Exhibit "I" attached hereto for purposes of providing sewer utility
services to Parcel B; and (C) perpetual nonexclusive easements for
the installation, maintenance and repair of such other underground
utility pipelines on, under and across portions of the Servient
Tenement as may be necessary to provide gas, electrical, telephone
and other utility services to Parcel B, all subject to the terms
and conditions set forth hereinbelow (collectively, "Parcel B
Subsurface Easements").
(iii) Temporary Easements. Grantor hereby grants
to Parcel A Owner and Parcel B Owner, for the benefit of Parcel A
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Owner and Parcel B Owner and their respective agents, contractors,
subcontractors, tenants, invitees, successors and assigns,
temporary appurtenant easements for the maintenance, repair and
replacement of existing underground water and sewer pipelines on,
under and across portions of the Servient Tenement for purposes of
providing sewer and water services to Parcel A and Parcel B prior
to the installation the pipelines described in Section 3 below
("Temporary Easements"). The Temporary Easements shall be located
at the locations of the existing pipelines providing such services
to Parcel A and Parcel B as of the Effective Date. Upon the date
of completion of the installation and connection of each under-
ground pipeline described in Section 3 below, the Temporary
Easements as to each such existing pipeline shall terminate.
Owners hereby agree to execute and acknowledge such instruments as
may be reasonably necessary to effect the termination of the
Temporary Easements as provided herein.
(c) Definitions. For purposes of this Agreement, (i)
the Driveway Easements and the Above -Ground Utility Easements shall
be collectively referred to herein as the "Surface Easements"; (ii)
the Parcel A Subsurface Easements and Parcel B Subsurface Easements
shall be referred to herein collectively as the "Subsurface
Easements"; and (iii) the Surface Easements and Subsurface
Easements shall be referred to herein collectively as the
"Easements."
(d) Dominant and Servient Tenements. The Easements as
to Parcel A shall be appurtenant to Parcel A and the Easements as
to Parcel B shall be appurtenant to Parcel B, and Parcel A and
Parcel B shall be the dominant tenements and the Servient Tenement
shall be the servient tenement.
(e) Effect of Grant. It is the intent of the parties
hereto that the Easements granted herein shall supersede and
replace those certain easements for ingress and egress and
installation and maintenance of public utilities granted to Albert
Nelson and N. Sigfrid Nelson, as more particularly described in
that certain document recorded on July 2, 1962, Book 5631,
Pages 220 and 221 in the Official Records of the County of Santa
Clara, California.
2. Relocation of Driveway Easements. Grantor shall have the
right to relocate the Driveway Easements to any area within twenty
(20) feet of the Driveway Area, provided that (i) the proposed
relocation provides Owners and their respective agents, employees,
contractors, subcontractors, tenants and invitees with substan-
tially the same access to and from San Fernando Avenue and Parcel
A and Parcel B as existed prior to such relocation, (ii) Grantor
prepares all documents and surveys necessary to effect such
relocation of the Driveway Easements at its sole cost and expense,
(iii) Grantor constructs and installs upon the relocated Driveway
Easements a driveway of the same width and quality as the driveway
existing upon the Driveway Area at its sole cost and expense, and
(iv) the relocation of the Driveway Easements is performed without
cost or expense to Owners.
3. Installation of Pipelines.
(a) Parcel A. Within six (6) months following the
Effective Date, Grantor shall, in a good and workmanlike manner,
and in compliance with all applicable governmental rules, regula-
tions, codes and ordinances, construct and install underground
water and sewer pipelines to and from Parcel A and the related main
pipelines of the City of Cupertino and the Cupertino Sanitary
District, and connect said water and sewer pipelines to the
residence located upon Parcel A, all at the sole cost and expense
of Grantor. The underground water pipeline shall be located at the
area of the Servient Tenement more particularly described in
Exhibit "F" attached hereto and the underground sewer pipeline
shall be located at the area of the Servient Tenement more
particularly described in Exhibit "G" attached hereto.
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(b) Parcel B. Within six (6) months following the
Effective Date, Grantor shall, in a good and workmanlike manner and
in compliance with all applicable governmental rules, regulations,
codes and ordinances, construct and install an underground water
pipeline to and from Parcel B and the related main pipeline of the
City of Cupertino, and connect said water pipeline to the residence
located upon Parcel B, all at the sole cost and expense of Grantor.
Such underground water pipeline shall be located at the area of
the Servient Tenement more particularly described in Exhibit "H"
attached hereto. Promptly following the request, order or demand
made upon Grantor and/or Parcel B Owner by the Cupertino Sanitary
District, or such other applicable governmental entity now or
hereafter having jurisdiction over the Servient Tenement, requiring
Grantor and/or Parcel B Owner to install a separate sewer pipeline
to and from Parcel B and the main sewer pipeline of the Cupertino
Sanitary District, Grantor shall, at its sole cost and expense,
procure from the Cupertino Sanitary District, or such other
applicable governmental entity having jurisdiction, an exception
or variance (as applicable) providing for the continued use by
Parcel B Owner and its tenants, subtenants, successors and assigns
of the existing underground sewer pipeline servicing Parcel B and
located on, under and across a portion of the Servient Tenement.
In the event that Grantor is unable to procure such an exception
or variance, Grantor shall, in a good and workmanlike manner and
in compliance with all applicable governmental rules, regulations,
codes and ordinances, promptly construct and install a separate
underground sewer pipeline within the portion of the Servient
Tenement more particularly described in Exhibit "I" attached
hereto, and connect such sewer pipeline to the residence located
upon Parcel B, all at Grantor's sole cost and expense, except that
Blackberry Farm Recreation Center shall be liable (i.e.,
notwithstanding the transfer of the Servient Tenement to City) for
any back charges and penalties related to any existing sewer
connections to Parcel B which were performed without the consent
of the Cupertino Sanitary District to the extent allocable to the
period commencing on the date such existing sewer connections were
made and ending on the Effective Date. Grantor hereby assumes, and
agrees to indemnify Parcel B Owner from and against, any and all
liabilities or obligations incurred by Parcel B Owner in connection
with any such back charges and penalties to the extent allocable
to the period after the Effective Date.
(c) Failure to Install Pipelines. In the event that
Grantor fails to install any pipeline within sixty (60) days
following written notice from the applicable Owner that such
pipeline is required to be installed by Grantor as provided herein,
such Owner shall have the right to enter the Servient Tenement and
install such pipeline, in which event Grantor shall, promptly
following written demand by such Owner, reimburse such Owner for
any costs and expenses incurred in connection with the same.
4. Maintenance and Repair.
(a) Driveway Easements. Grantor shall, at its sole cost
and expense, maintain and repair the existing or any relocated
driveway located upon the Driveway Area; provided, however, that
if Grantor provides an alternate route for public and private
access to the picnic and recreational facilities located upon the
Servient Tenement and prohibits public use of the Driveway
Easements, then Owners shall be responsible for the repair and
maintenance of said driveway at Owners' sole cost and expense.
In the event that Owners become obligated to maintain and
repair said driveway as provided herein, then Owners shall (i)
jointly engage a licensed contractor reasonably acceptable to both
Owners for the purpose of performing such maintenance and repair
work, and (ii) share equally the cost and expense of such
maintenance and repair work. If either Owner fails to perform any
obligation required to be performed by such Owner as provided
herein, then, upon ten (10) days prior written notice to such non-
performing Owner, the other Owner shall have the right to cause
such obligations to be performed by a licensed contractor selected
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by such performing Owner, in which event the non-performing Owner
shall, upon the performing Owner's written request, reimburse the
performing Owner for one-half of the costs and expenses incurred
by the performing Owner in performing the same. Such written
request shall include copies of all invoices and other docu-
mentation reasonably necessary to document the costs and expenses
incurred by the performing Owner in performing such maintenance and
repair obligations.
The maintenance and repair of the driveway located upon the
Driveway Area shall include, without limitation, (i) the
maintenance of the surface of said driveway in a level, smooth and
evenly covered condition, (ii) the repair of any potholes and
pavement cracks on said driveway, and (iii) the maintenance of said
driveway in a neat and clean condition.
(b) Subsurface Easements. Prior to the installation
and connection of the pipelines described in Section 3 above,
Grantor shall, at its sole cost and expense, (i) maintain and
repair any existing water and sewer pipelines servicing Parcel A;
(ii) maintain and repair existing water pipelines servicing Parcel
B and that certain sewer pipeline located upon the Servient
Tenement and extending to and from the main sewer pipeline of the
Cupertino Sanitary District and various improvements located upon
the Servient Tenement, a portion of which sewer pipeline provides
sewer service to Parcel B and is included within the legal
description set forth in Exhibit "I" attached hereto, (iii) provide
to each residence located upon Parcel A and Parcel B an uninter-
rupted supply of water from the well located upon the Servient
Tenement to the same extent and in the same manner as provided by
Grantor prior to the Effective Date, and (v) maintain and repair
said well and related storage and pumping facilities and pipelines
located upon the Servient Tenement. Grantor's obligations under
this Section 4(b) shall terminate upon the installation and
connection of the pipelines described in Section 3 above.
5. Riahts and Restrictions Regarding Use of Easements.
(a) Hours. Grantor shall prohibit public use of the
Driveway Easements between the hours of 11:00 p.m. and 7:00 a.m.
(Pacific Time) during each day of the week, except with the prior
written consent of both Owners.
(b) Parking. Grantor shall not permit the parking of
any vehicles or trailers within the Driveway Area which would
unreasonably interfere with vehicular and pedestrian ingress and
egress to and from San Fernando Avenue and Parcel A and/or Parcel
B.
(c) Installation of Gate. Grantor shall have the right
to install, at its sole cost and expense, a locking gate at the San
Fernando Avenue entrance of the Driveway Easements provided that
both of the Owners are provided with keys to such locking gate.
Grantor shall install an electronic opener for the gate promptly
following the request of one or both of the Owners, all at the sole
cost and expense of Grantor.
6. Restrictions Regarding Use of Servient Tenement. Grantor
shall not construct any fence (including chain-link fencing) or
other structure or obstruction upon the Servient Tenement which
would interfere with the view from any residence now or hereafter
located upon Parcel A and/or Parcel B.
7. Covenants Running with the Land. The rights, restric-
tions and obligations contained in this Agreement shall run with
the land, shall benefit Parcel A and Parcel B and burden the
Servient Tenement, and shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, legal representatives, trustees,
successors and assigns. Upon the conveyance of the Servient
Tenement by Grantor to City, City shall be deemed to have assumed
all of Grantor's obligations and liabilities hereunder (except as
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expressly set forth in Section 3(b) above), and to have agreed to
perform, satisfy and comply with all of the covenants, conditions
and restrictions imposed upon Grantor hereunder, including, without
limitation, the obligations, covenants, conditions and restrictions
set forth in Sections 3, 4, 5 and 6 above.
8. Term. The term of this Agreement and the Easements
granted herein shall be permanent and continuous from the Effective
Date.
9. Miscellaneous Provisions.
(a) Severability. If any provision of this Agreement
shall be or become illegal, void or unenforceable for any reason
whatsoever, the remaining provisions shall remain in full force and
effect.
(b) Notices. All notices, statements, demands,
approvals or other communications ("Notices") of a party given
under this Agreement shall be in writing and delivered in person,
by air courier delivery service, by first-class certified or
registered mail, postage prepaid, return receipt requested, or by
telecopy, addressed to the parties as follows:
Grantor: Blackberry Farm Recreation Center
c/o Tom Nelson
21900 Dolores Avenue
Cupertino, California 95014
With a copy to: Blackberry Farm Recreation Center
c/o Judy Lomas
12437 Woodside Drive
Saratoga, California 95070
Following convey- City of Cupertino
ance of the City Hall
Servient Tenement 10300 Torre Avenue
To City Cupertino, CA 95014
Attn: City Manager
Parcel A Owner: The Declaration of Trust of Selma Elida
Nelson dated January 19, 1984
c/o Selma Nelson, Trustee
21979 San Fernando Avenue
Cupertino, California 95014
Parcel B Owner: The Eric Nelson and Gulli Nelson Revocable
Trust executed June 16, 1983
c/o Tom Nelson, Trustee
21900 Dolores Avenue
Cupertino, California 95014
If personally delivered, sent by air courier delivery service
or telecopied, a Notice shall be effective upon the date delivered
or telecopied. If mailed, a Notice shall be effective two (2) days
after posting.
(c) Waiver of Breach. No consent or waiver, expressed
or implied, of any breach of any provision of this Agreement shall
be deemed to be a waiver of any other provision hereof or a waiver
of any subsequent breach of the same provision.
(d) Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original, and all
of such counterparts shall constitute one and the same agreement.
(e) Attorneys' Fees. In any legal action brought by
either party relating to this Agreement or the breach hereof, the
prevailing party shall be entitled to receive attorneys' fees and
costs of suit.
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(f) Amendments. This Agreement may be amended only by
the recordation of a written instrument executed by Grantor and
Owners.
(g) Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of
California.
(h) Recordation. This Agreement shall be recorded in
the Official Records of the Recorder for Santa Clara County,
California.
(i) Captions. Any captions to, or headings of, the
paragraphs or subparagraphs of this Agreement are solely for the
convenience of the parties hereto, are not a part of this Agree-
ment, and shall not be used for the interpretation or determination
of the validity of this Agreement or any provision hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first written above.
GRANTOR:
BLACKBERRY FARM RECREATION CENTER, a
California corporation
By:
Its:
BY:
Its:
PARCEL A OWNER:
THE DECLARATION OF TRUST OF SELMA ELIDA
NELSON DATED JANUARY 19, 1984
BY e •Z(�y,
Selma El
Nelson, as Trustee
PARCEL B OWNER:
THE ERIC NELSON AND GULLI NELSON REVOCABLE
TRUST EXECUTED JUNE 16, 1983
By
Dan Tommy Nelson, as Trustee
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Order No.: HL176504
SCHEDULE A
The land referred to herein is situated in the State of California,
County of Santa Clara City of Cupertino and
is described as follows:
All that real property situate in Section 15, Township 7 South, Range
2 West of the Mount Diablo Base Line and Meridian, City of Cupertino,
County of Santa Clara, State of California, and more particularly
described as follows:
Beginning at a point on the Southerly right-of-way line of Stevens
Creek Boulevard as established by Record of Survey recorded in Book
469 of Maps, page 57, Official Records, of Santa Clara County and as
shown on Plan Line Map recorded in Book 7 of Plan Line Maps, pages 113
to 121, Santa Clara County Records which bears South 89° 49' 00" West
a distance of 260.77 feet and North 12° 30' 23" East a distance of
5.19 feet from the intersection of Byrne Avenue and Old Stevens Creek
Boulevard as shown on the Map of Tract No. 150, "Stevens Creek
Subdivision Map No. 2", recorded in Book 5 of maps, page 5, Santa
Clara County Records; thence south 12° 30' 23" West, on the Westerly
line of "Tract No. 6574", recorded in Book 443 of Maps, pages 34 and
35, Santa Clara County Records, and the Northerly extension thereof, a
distance of 302.26 feet to the Southwest corner thereof and the
Northwest corner of said Tract No. 150; thence on the Westerly line of
said Tract No. 150 the following 11 courses: 1. South 030 02" 58"
East a distance of 101.84 feet; 2. South 060 43' 22" West a distance
of 126.15 feet; 3. South 15° 03' 52" East a distance of 95.55 feet; 4.
South 010 32' 17" East a distance of 92.26 feet; 5. South 06° 17' 53"
East a distance of 48.91 feet; 6. South 28° 55' 53" East a distance of
141.02 feet; 7. South 04° 26' 48" East a distance of 139.85 feet; 8.
South 03° 13' 56" West a distance of 109.72 feet; 9. South 08° 29' 30"
East a distance of 101.56 feet; 10. South 00° 00° 00" East a distance
of 46.95 feet; 11. South 46° 15' 30" East a distance of 473.35 feet
to a point on the Northerly line of San Fernando Avenue; thence South
57° 30' 00" West, on said Northerly line, a distance of 165.89 feet to
the Northeast corner of Lot 59 of Tract No. 211, "Stevens Creek
Subdivision Map No. 4" as recorded in Volume 7 of Maps, page 31, Santa
Clara County Records; thence South 00° 10' 58" West, on the East line
of said Lot 59, a distance of 30.00 feet; thence South 69° 09' 51"
West a distance of 124.89 feet to the Northwest corner of said Lot 59;
thence SOuth 83° 09' 00" West, on the Northerly line of said Tract No.
211, a distance of 239.08 feet to the most Easterly corner of Parcel
"B" as shown on that Record of Survey recorded in Book 146 of Maps,
page 56, Santa Clara County Records; thence on the Northerly, Westerly
and Southerly lines of said Parcel "B" the following 7 Courses: 1.
North 76° 49' 03" West a distance of 86.30 feet; 2. South 79° 14' 51"
West a distance of 30.17 feet; 3. South 600 29' 51" West a distance of
60.00 feet; 4. South 400 44' 21" West a distance of 19.99 feet; 5.
South 12° 19' 43" East a distance of 50.82 feet; 6. South 39° 06' 00"
(Continued)
(continued)
East a distance of 72.31 feet; 7. North 550 54' 00" East a
distance of 43.18 feet to a point on the Southwesterly line of
Lot 48 of said Tract No. 211; thence on the Southwesterly line of
said Tract No. 211 the following 4 courses; 1. South 360 42' 00"
East a distance of 34.45 feet; 2. South 330 31' 00" East a
distance of 93.06 feet; 3. South 300 31' 00" East a distance of
79.45 feet; 4. South 450 33' 00" East a distance of 189.70 feet
to the Northwest corner of that parcel of land described in Book
K982 of Official Records, page 1197, Records of Santa Clara
County; thence South 110 38' 08" East, on the Westerly line of
said Parcel, a distance of 61.20 feet to the Northwest corner of
that parcel of land described in Book 2366 of Official Records,
page 499, Records of Santa Clara County; thence South 240 04' 30"
East, on the Westerly Line of said Parcel, a distance 'of 92.58
feet; thence South 120 51' 30" West, continuing on said Westerly
Line, a distance of 172.35 feet to a point on the North line of
Tract No. 5362 as recorded in Book 323 of Maps, page 41, Santa
Clara County Records; thence North 900 00' 00" West, on the North
line of said Tract No. 5362 and on the North line of Lot "Z" of
the Map of "Colony Tract Monta Vista" as recorded in Book "P" of
Maps, page 21, Santa Clara County Records, a distance of 328.67
feet to a point on the Easterly line of Parcel "A" of Tract NO.
5873, "The Sycamores" as recorded in Book 383 of Maps, page 51
and 52, Santa Clara County Records; thence on the Easterly and
Northerly lines of said Parcel "A" the Following 3 courses: 1.
North 020 44' 11" East a distance of 206.97 feet; 2. North 200
25' 11" East a distance of 153.50 feet; 3. North 580 17' 31" West
a distance of 708.51 feet to a point on the Westerly line of Lot
"C" of the "Map of Monta Vista Park" as recorded in Book "P" of
Maps, page 19, Records of Santa Clara County; thence on the
Westerly and Northerly lines of said Lot "C" the following 7
courses: 1. North 000 10' 31" West a distance of 31.54 feet; 2.
North 180 18' 25" East a distance of 124.23 feet; 3. North 440
48' 25" East a distance of 123.86 feet; 4. North 380 03' 25" East
a distance of 79.23 feet; 5. North 080 03' 25" East a distance of
137.94 feet; 6. North 130 11' 35" West a distance of 82.00 feet;
7. North 760 48' 25" East a distance of 10.00 feet to a point on
the Easterly line of said Monta Vista Park; thence North 130 11'
35" West, on said Easterly line, a distance of 70.56 feet; thence
North 460 46' 00" East, continuing on said Easterly line, a
distance of 206.74 feet to the most Southerly Southeast corner of
Tract NO. 5915, "The Meadows of Cupertino" as recorded in Book
384 of Maps, pages 18 and 19, Santa Clara County Records; thence
North 490 03' 05" East, on the Southeasterly line of said Tract
No. 5915, a distance of 176.14 feet; thence North 520 45' 45"
East, continuing on said Southeasterly line, a distance of 139.19
feet to the most Southerly corner of that parcel of land
described in Book 1410 of Official Records, page 635, Santa Clara
County Records; thence on the Easterly line of said Parcel the
following 7 courses: 1. North 370 07' 43" East a distance of
107.38 feet; 2. North 250 37' 43" East a distance of 54.12 feet;
3. North 360 37' 43" East a distance of 199.32 feet; 4. North 240
37' 43" East a distance of 80.26 feet; 5. North 040 45' 43" East
a distance of 231.66 feet; 6. North 020 59' 17" West a distance
of 122.10 feet; 7. North 440 22' 17" West a distance of 136.68
(Continued)
�o
(continued)
feet to the most Southerly corner of that parcel of land
described in Book G295 of Official Records, page 549, Records of
Santa Clara County; thence on the Easterly line of said Parcel
the following 3 courses: 1. North 640 50' 30" East a distance of
77.87 feet; 2. North 070 28' 30" East a distance of 119.78 feet;
3. North 000 11' 00" West a distance of 32.97 feet to the
aforementioned Southerly right-of-way line of Stevens Creek
Boulevard; thence North 89° 49' 00" East, on said Southerly
right-of-way line, a distance of 261.54 feet; thence North 860
53' 46" East, continuing on said Southerly right-of-way line, a
distance of 40.56 feet to the Point of Beginning of this
Description.
Excepting therefrom: Parcel "A" as shown on that Record of Survey
recorded in Book 146 of Maps, page 56, Records of Santa Clara
County, and more particularly described as follows:
Beginning at a point which bears North 83° 09' 00" East a
distance of 28.12 feet and North 060 51' 00" West a distance of
37.16 feet from the Northwest corner of Lot 49 of Tract No. 211,
"Stevens Creek Subdivison Map No. 4" as recorded in Volume 7 of
Maps, page 31, Records of Santa Clara County; thence North 100
04' 00" West a distance of 97.98 feet; thence North 61° 48' 00"
East a distance of 77.12 feet; thence South 700 14' 00" East a
distance of 71.22 feet; thence South 03° 13' 00" East a distance
of 94.18 feet; thence South 830 09' 00" West a distance of 124.03
feet to the Point of Beginning of this description.
Excepting therefrom any and all improvements situate on the land
hereinafterdescribed which are and shall remain real property.
Excepting therefrom that portion of said land described as
follows:
Beginning at a point on the Southerly right-of-way line of
Stevens Creek Boulevard as established by Record of Survey
recorded in Book 469 of Maps, page 57, Records of Santa Clara
County and as shown on Plan Line Map recorded in Book 7 of Plan
Line Maps, pages 113 to 121, Santa Clara County Records which
bears South 89° 49' 00" West a distance of 260.77 feet and North
120 30' 23" East a distance of 5.19 feet from the intersection of
Byrne Avenue and Old Stevens Creek Boulevard as shown on the Map
of Tract No. 150, "Stevens Creek Subdivision Map No. 2", recorded
in Book 5 of Maps, page 5, Santa Clara County Records; thence
South 120 30' 23" West, on the Westerly line of "Tract No. 6574"
recorded in Book 443 of Maps, pages 34 and 35, Santa Clara County
Records, and the Northerly extension thereof, a distance of
180.52 feet; thence South 89° 55' 40" West, departing said
Westerly line, a distance of 79.28 feet; thence North 00° 10' 29"
West a distance of 24.81 feet; thence South 89° 04' 11" West a
distance of 199.10 feet to the Southeast corner of that parcel of
land described in the Deed recorded in Book G295 of Official
Records, page 549, Santa Clara County Records; thence North 07°
28' 30" East, on the easterly line of said Parcel, a distance of
119.78 feet; thence North 00° 11' 00" West, continuing on said
(Continued)
(continued)
Easterly line, a distance of 32.97 feet to a point on the
aforementioned Southerly right-of-way line of Stevens Creek
Boulevard; thence North 89° 49' 00" East, on said Southerly
right-of-way line, a distance of 261.54 feet; thence North 860
53' 46" East, continuing on said Southerly right-of-way line, a
distance of 40.56 feet to the Point of beginning.
EXHIBIT "B"
LEGAL DESCRIPTION OF PARCEL A
Parcel "A" as shown upon that certain Record of Survey filed
for record in the office of the Recorder of the County of Santa
Clara, State of California, on May 11, 1962, in book 146 of Maps,
at page 56, under Recorder's File No. 2191351.
\079\05861010.P50
17-032805861-001:km -9-
EXHIBIT "C"
LEGAL DESCRIPTION OF PARCEL B
Parcel "B" as shown upon that certain Record of Survey filed
for record in the Office of the Recorder of the County of Santa
Clara, State of California on May 11, 1962, in Book 146 of Maps,
at page 56, under Recorder's File No. 2191351.
\079\05861010.P50
17-032805861-001:km
Ruth and Going, Inc.
EXHIBIT "D"
LEGAL DESCRIPTION OF DRIVEWAY AREA
DESCRIPTION OF INGRESS/EGRESS
AND UTILITY EASEMENT
R+C
All that real property situate in Section 15, Township 7 South, Range 2 West of the Mount Engineering
Diablo Base Line and Meridian, City of Cupertino, County of Santa Clara, State of Architecture
California and more particularly described as follows: Planning
Beginning at an angle point in the westerly line of Parcel "B" as shown on that certain
Record of Survey recorded in Book 146 of Maps at Page 56, Santa Clara County Records
which bears North 39°06'00" West a distance of 72.31 feet from the most southerly corner
.thereof; Thence North 86°54'50" West a distance of 60.00 feet to a point on a non -tangent
curve the center of which bears North 82°26'45" East a distance of 90.00 feet; Thence
northeasterly a distance of 75.86 feet on the arc of said curve to the right through a central
angle of 48°17'36" (chord bears North 16°35'33" East a distance of 73.63 feet) to the end
of said curve; Thence, tangent to said curve, North 40°44'21" East a distance of 26.43 feet;
Thence North 60°29'51" East a distance of 72.55 feet; Thence North 79°14'51" East a
distance of 44.12 feet; Thence South 76°49'03" East a distance of 87.22 feet; Thence North
83°09'00" East a distance of 21.92 feet to the southwest comer of Parcel "A" as said parcel
is shown on that certain Record of Survey filed for record in May of 1962 in Book 146 of
Maps at Page 56, Santa Clara County Records; Thence along the southerly line of said
Parcel "A", North 83°09'00" East a distance of 124.03 feet to the southeast comer of said
parcel; Thence North 83°09'00" East a distance of 78.81 feet; Thence North 57°30'00" East
a distance of 179.67 feet; Thence South 32°30'00" East a distance of 37.00 feet, to the
northerly right of way line of San Fernando Avenue as shown on that certain tract map
entitled "Tract No. 211, Stevens Creek Subdivision, Map No. 4", filed for record on April
1942 in Volume 7 of Maps at Page 31, Santa Clara County Records; Thence southwesterly
along said right of way line, South 57°30'00" West a distance of 49.89 feet to an angle point
in said right of way line; Thence continuing along said right of way line, South 00°10'58"
West a distance of 30.00 feet; Thence South 69°09'51" West a distance of 124.89 feet to
an angle point on the northerly line of Lot 59, Tract 211, as shown on said map; Thence
along the northerly line of Tract 211, South 83°09'00" West a distance of 239.08 feet to the
most easterly comer of said Parcel "B"; Thence along the northerly and westerly line of said
Parcel "B" the following five courses:
1. North 76°49'03" West a distance of 86.30 feet;
2. South 79°14'51" West a distance of 30.17 feet;
3. South 60°29'51" West a distance of 60.00 feet;
4. South 40°44'21" West a distance of 19.99 feet;
5. South 12°19'43" East a distance of 50.82 feet to the Point of Beginning of this
Description.
F,,�, \_PND S&
:c�) NO 6141
* ' Exp 3 31/94 '
stq�f OF...�\F���\P
CA
\079\05861010.P50
17-032805861-001:km
2160 Lundy Ave.
San Jose
CA 95131-1832
(408) 943-1640
FAX(408)943-190
Mailing Address:
P.O. Box 611600
San Jose
CA 95161-1600
BLACKBERRY FARM
ROS 146 M 56
)
^�
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3
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PARCEL
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48 I
6
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N 36'42'00" W
00
n
It
?4 N 39'06'00" W
LoLo
72.31'
A = 48'17'36" POINT OF
R = 75.86' �� s �� BEGINNING
N 33'31'00" W
BLACKBERRY FARM
PLAT TO A CCOMPA N Y DESCRI P TION
OF
IN AND U TILT TIES EA SEMEN T
DRAWN: MLM RUTH AND GOING, INC. SCALE: 1 ~ a 60'
CHKD.: GEB Civil Engineering Land Surveying DATE: 3-28-91
DEPT.: SURVEY �'°° "'"°' AVE '""'°� °°"'-'°'_ ('°°) °{'-'M° JOB 17580
' 1•l� Y.� I� oa �-7
'3 Ab OONVNH33 NVS' .
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ur
OIL
EXHIBIT E
EXHIBIT "F"
LEGAL DESCRIPTION OF EASEMENT FOR WATER PIPELINE TO PARCEL A
Ruth and Going, Inc.
DESCRIPTION OF INGRESS/EGRESS
AND UTILITY EASEMENT
R=C
All that real property situate in Section 15, Township 7 South, Range 2 West of the Mount Engineering
Diablo Base Line and Meridian, City of Cupertino, County of Santa Clara, State of Architecture
California and more particularly described as follows: Planning
Beginning at an angle point in the westerly line of Parcel "B" as shown on that certain
Record of Survey recorded in Book 146 of Maps at Page 56, Santa Clara County Records
which bears North 39°06'00" West a distance of 72.31 feet from the most southerly comer
.thereof; Thence North 86°54'50" West a distance of 60.00 feet to a point on a non -tangent
curve the center of which bears North 82°26'45" Fast a distance of 90.00 feet; Thence
northeasterly a distance of 75.86 feet on the arc of said curve to the right through a central
angle of 48017'36" (chord bears North 16035'33" East a distance of 73.63 feet) to the end
of said curve; Thence, tangent to said curve, North 40°44'21" East a distance of 26.43 feet;
Thence North 60°29'51" East a distance of 72.55 feet; Thence North 79014'51" East a
distance of 44.12 feet; Thence South 76°49'03" East a distance of 87.22 feet; Thence North
83009'00" East a distance of 21.92 feet to the southwest comer of Parcel "A" as said parcel
is shown on that certain Record of Survey filed for record in May of 1962 in Book 146 of
Maps at Page 56, Santa Clara County Records; Thence along the southerly line of said
Parcel "A", North 83009'00" East a distance of 124.03 feet to the southeast comer of said
parcel; Thence North 83°09'00" East a distance of 78.81 feet; Thence North 57°30'00" East
a distance of 179.67 feet; Thence South 32°30'00" East a distance of 37.00 feet, to the
northerly right of way line of San Fernando Avenue as shown on that certain tract map
entitled "Tract No. 211, Stevens Creek Subdivision, Map No. 4", filed for record on April
1942 in Volume 7 of Maps at Page 31, Santa Clara County Records; Thence southwesterly
along said right of way line, South 57°30'00" West a distance of 49.89 feet to an angle point
in said right of way line; Thence continuing along said right of way line, South 00'10'58"
West a distance of 30.00 feet; Thence South 69°09'51" West a distance of 124.89 feet to
an angle point on the northerly line of Lot 59, Tract 211, as shown on said map; Thence
along the northerly line of Tract 211, South 83°09'00" West a distance of 239.08 feet to the
most easterly comer of said Parcel "B"; Thence along the northerly and westerly line of said
Parcel "B" the following five courses:
1. North 76°49'03" West a distance of 86.30 feet;
2. South 79°14'51" West a distance of 30.17 feet;
3. South 60°29'51" West a distance of 60.00 feet;
4. South 40°44'21" West a distance of 19.99 feet;
5. South 12°19'43" East a distance of 50.82 feet to the Point of Beginning of this
Description.
\079\05861010.P50
17-032805861-001:km —13—
2160 Lundy Ave.
San Jose
CA 95131-1832
(408)943-1640
FAX (408) 943-190
Mailing Address:
P.O. Box 611600
San Jose
CA 95161-1600
�,0 CPN 0 Sly
r v;o ��•;o
J•cc CO
Q � y
:ccl NO 6141 0:
*' Exp 331194
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SAN FERNAND0
COUR T
49 �—
aB ar
56
? W N 39'06'00" W
�ryy�0
A = 4817'36"
_
R 90.00'
L = 75.86' 2 '7
I
/ 48 I
N 36"42'00" W
18D
72.31' LIJN
POINT OF
BEGINNING
N 33'31'00" W
BLACKBERRY FARM
PLA T TO A CCOMPA NY DESCRI P TION
OF
INGRESS/EGRESS AND U TILI TIES EA SEMEN T
DRAWN: MLM RUTH AND GOING, INC. SCALE: 1" a 60'
CHKD.: GEB Civil Engineering Land Surveying DATE: 3-28-91
DEPT.: SURVEY x'°°11"'°' "� �""' °°"'-'°" ��°°> "37HO JOB 17580
EXHIBIT "G"
LEGAL DESCRIPTION OF EASEMENT FOR SEWER PIPELINE TO PARCEL A
All that real property situate in Section 15, Township 7 South, Range 2 West of t11e Mount
Diablo Base Line and Meridian, City of Cupertino, County of Santa Clara, State of
California and being a 10.00 Coot wide easement for sanitary sewer purposes being 5.00 feet
on each side of the following described centerline:
Beginning at the most northerly corner of Parcel "A" as shown on that Record of Survey
recorded in Book 146 of Maps, Page 56 Santa Clara County Records; Thence North
74129'06" West a distance of 111.35 feet to an angle point and manhole on the existing
sanitary sewer easement as described in Book 5954 of Official Records, Page 31 Santa Clara
County records and the tertriinus of this easement.
\079\05861010.P50
17-032805861-001:km - 14 -
I I
I EXHIBIT G
i
I Als-i\AG ski 1147
^SE\v,-" 1,11E,';HOLL
BLACKBERRY FARM
�Y EXISTING SANITARY
SEWER MANHOLE
9
g
N 7429N..SEVER
[6CUPEMINO
ISV,IG 10'EASEMEN I' \ I 111.35' Os k' EASC•
SANITARY
SEWER DISTRICT
5954 O.R. 31 1
1 00 4,00"
POINT OF
BEGINNING Z
O
41 -t
1 W
pp O
C5 PARCEL "A " o
ROS 146 M 56
rn
A n�S� _
PLAT TO A CCOMPAN Y DESCRIP TION
OF
10' SAKI TAR Y SEWER EA SEMEN T FOR PARCEL "A "
DRAWN: MLM RUTH AND GOING, INC. SCALE: 1" - 50'
CHKD.: GEBR+G
Civil Engineering Land Surveying DATE: 3-25-91
DEPT.: SURVEY 2100 U)MY AW -Sm .+oma. CA.0e+oi-lV2 c+M> "3 --MM JOB 17580
EXHIBIT "H"
LEGAL DESiCR=ION_ OF EASEMENT FOR_WATER_PIPELINE TO PARCRT, R
Ruth and Going, Inc. R+C
DESCRIPTION OF INGRESS/EGRESS
AND UTILITY EASEMENT
All that real property situate in Section 15, Township 7 South, Range 2 West of the Mount Engineering
Diablo Base Line and Meridian, City of Cupertino, County of Santa Clara, State of Architecture
California and more particularly described as follows: Planning
Beginning at an angle point in the westerly line of Parcel "B" as shown on that certain
Record of Survey recorded in Book 146 of Maps at Page 56, Santa Clara County Records
which bears North 39°06'00" West a distance of 72.31 feet from the most southerly comer
.thereof; Thence North 86°54'50" West a distance of 60.00 feet to a point on a non -tangent
curve the center of which bears North 82126'45" East a distance of 90.00 feet; Thence
northeasterly a distance of 75.86 feet on the arc of said curve to the right through a central
angle of 48°17'36" (chord bears North 16°35'33" East a distance of 73.63 feet) to the end
of said curve; Thence, tangent to said curve, North 40°44'21" East a distance of 26.43 feet;
Thence North 60°29'51" East a distance of 72.55 feet; Thence North 79°14'51" East a
distance of 44.12 feet; Thence South 76°49'03" East a distance of 87.22 feet; Thence North
83009'00" East a distance of 21.92 feet to the southwest comer of Parcel "A" as said parcel
is shown on that certain Record of Survey filed for record in May of 1962 in Book 146 of
Maps at Page 56, Santa Clara County Records; Thence along the southerly line of said
Parcel "A", North 83°09'00" East a distance of 124.03 feet to the southeast comer of said
parcel; Thence North 83°09'00" East a distance of 78.81 feet; Thence North 57°30'00" East
a distance of 179.67 feet; Thence South 32°30'00" East a distance of 37.00 feet, to the
northerly right of way line of San Fernando Avenue as shown on that certain tract map
entitled "Tract No. 211, Stevens Creek Subdivision, Map No. 4", filed for record on April
1942 in Volume 7 of Maps at Page 31, Santa Clara County Records; Thence southwesterly
along said right of way line, South 57°30'00" West a distance of 49.89 feet to an angle point
in said right of way line; Thence continuing along said right of way line, South 00°10'58"
West a distance of 30.00 feet; Thence South 69°09'51" West a distance of 124.89 feet to
an angle point on the northerly line of Lot 59, Tract 211, as shown on said map; Thence
along the northerly line of Tract 211, South 83°09'00" West a distance of 239.08 feet to the
most easterly comer of said Parcel "B"; Thence along the northerly and westerly line of said
Parcel "B" the following five courses:
1. North 76149'03" West a distance of 86.30 feet;
2. South 79°14'51" West a distance of 30.17 feet;
3. South 60°29'51" West a distance of 60.00 feet;
4. South 40044'21" West a distance of 19.99 feet;
5. South 12°19'43" East a distance of 50.82 feet to the Point of Beginning of this
Description.
\079\05861010.P50
17-032805861- 001 : km —15—
2160 Lundy Ave.
San Jose
CA 95131-1832
(408) 943-1640
FAX(408)943-190C
Mailing Address:
P.O. Bax 611600
San Jose
CA 95161-1600
r
c�0 `PND SNLL
CS
v • o co, o
C= �;?7
:d NO 6141 0:
* Exp 3 31194 */
�l�TF OF ....1Eo����'
CA
N 32'30'00' W w
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BLACKBERRY FARM o /� �G, F
ROS 146 M 56
*4/
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4^
X05 n
3
= PARCEL "B"
N
0) ROS ;� o ROS 146 M 56
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qi� 0)
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rn 19.99'
S� 8
Lo I N A 9
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58
181
57
97
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52 /
50 ,p,Q I /
I SAN FERNANDO
COURT
49
/ I
/ / 48 I
N 36'42'00" W
zo
N 39'06'00" W
L' -n'
Lo
72.31' �
A 4s'17'3s" 90.00, �N mho POINT OF
R = 75.86' BEGINNING
N 33'31'00" W
BLACKBERRY FARM
PLAT TO A CCOMPA N Y DESCRIPTION
W 03
IN AND U TILI TIES EA SEMEN T
DRAWN: MLM RUTH AND GOING, INC. SCALE: 1" = 60'
CHKD.: GEB Civil Engineering Land Surveying DATE: 3-28-91
R+G
DEPT.: SURVEY 21E0 WMOY AVE sAr, ,WM,X-,a: (+W) •+3IW JOB 17580
EXHIBIT "I"
LEGAL DESCRIPTION OF EASEMENT FOR SEWER PIPELINE TO PARCEL B
/All that real property situate in Section 15, 'Township 7 South, Range 2 West of the Mount
Diablo Base Line and Meridian, City of Cupertino, County of Santa Clara, State of
California and being a 10.00 foot wide easement for sanitary sewer purposes being 5.00 feet
on each side of the following described centerline:
Beginning at a point on the southwesterly line of Parcel "B" as shown on that Record of
Survey recorded in Book 146 of Maps, Page 56 Santa Clara County Records which bears
North 39006'00" West a distance of 21.22 feet from the most southerly corner thereof;
Thence South 50^12'47" West a distance of 101.47 feet; Thence North 39°47'11" West a
distance of 115.22 feet to a point of curvature; Thence northwesterly a distance of 45.00 feet
on the arc of said 50.00 foot radius curve to the right through a central angle of 51°33'58"
(chord bears North 14'00'13" West a distance of 43.49 feet) to a point of reverse curve;
Thence northwesterly a distance of 45.00 feet on the arc of said 50.00 foot radius curve to
the left through a central angle of 51°33'58" (chord bears North 14'00'13" West a distance
of 43.49 feet) to the end thereof; Thence North 39'47'13" West a distance of 110.00 feet
to a point on the centerline of an existing sanitary sewer easement as recorded in Book 5954
of Official Records, Page 31 Santa Clara County Records and the terminus of this easement,
which bears South �317'39" West a distance of 20.00 feet from arl manhole on said existing
sanitary sewer easement.
\079\05861010.P50
17-032805861-001:km - 16 -
EX,��l
7�
tUEXISTING SANITARY
SEWER MANHOLE
/ EXISTING 10' EASE.
CUPERTINO SANITARY
SEWER DISTRICT `
/g /� 5854 O.R. 31 1 1
EXISTING
SANITARY SEWER BLACKBERRY FARM 1 1
MANHOLE / / j /
11
20.00' '
X� 1 1
6 = 51'33'58"
R - 50.00' PARCEL "B"
1 ' L - 45.00'
N ROS 146 M 56
j � a 51'33'58"
L - 45.00'LO
_ 7✓
\ �F
A�
�qc
0 '9
S8>
s�
s
PLAT TO ACCOMPANY DESCRIP 170N
Of'
10' SANITARY SEWER EASEMENT FOR PARCEL "P"
DRAWN: MLM RUTH AND GOING, INC. SCALE: 1" — 60'
CHKD.: GEBR+G Clvil Engineering Land Surveying DATE: 3_25-91
DEPT.: SURVEY I 2180 `ANDY ""L °M JM M 13'-16" c40@> JOB f 17580
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On this Zq' day of 1991, before me, the
undersigned notary, personally appeared?�rv,L
personally known to me (or proved to me on the basis of satis-
factory 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.
WITNESS my hand and official seal.
JOELLA OLSEN �
NOT,1RY PU=',LC-C',LIFORNIA NOTARY LIC
Ir
01 SANTA CLARA COUNTY
My 6Ummission Expires FEB. 25, 1992
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA )
On this �I ' day of Alt j Ck 1991, before me, the
undersigned notary, personally appeared --Zp7,, Nd'.�t',
personally known to me (or proved to me on the basis of satis-
factory 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.
WITNESS my hand and official seal.
JOELLA OLSEN
1
NOTARY PuSLIC-CnLIFORNIA
SANTA CLARA COUNTY
NOTARY �BLIC
My Nmmis on Expires FEB. 25, 1992
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On this )(1� day of Atr'k 1991, before me, the
undersigned notary, personally appeared 1)U41 LC IGo
personally known to me (or proved to me on the basis of satis-
factory 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.
WITNESS my hand and official seal.
/x
I+r JOELLA OLSEN
.wr 'JOTS"CRY PU3UC-CALIFORNIA NOTARY PUBLIC
SANTA CLARA COUNTY
My CUmmmnon ExpiTes FEB. 25, 1992
\079\05861010.P50
17-032805861-001:km —17—
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On this rl" day of �I�iY Gtr 1991, before me, the
undersigned notary, personally appeared RD( Te-ylr,,._� ,
personally known to me (or proved to me on the baeis of satis-
factory 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.
VY111`7Li00 Rty 11C111U CMU U
r
`l.
JOELLA OLSEN
NOTARY PU„LIC-CALIFORNIA
+
SANTA CLARA COUNTY
My Commi'� 00 Expires FEB. 25, 1992
fficial seal.
NOTARY PU
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On this day of , 1991, before me, the
undersigned notary, personally appeared ,
personally known to me (or proved to me on the basis of satis-
factory 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.
WITNESS my hand and official seal.
NOTARY PUBLIC
\079\05861010.P50
17-032805861-001:km —18—
Escrow No. 11L1765044 I q0, ()qs
RECORDING REQUESTED BY
WHEN RECORDED MAII, TO
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
Attention: Donald Brown, City Manager
�I-7(cSC�
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Mail Tax Statements to: CITY CONVEYANCE DOCUMENTARY TRANSFER TAX $
City of Cupertino Tax: $ Computed on the consideration or
10300 Torre Avenue value of property conveyed;
Cupertino, CA 95014 OR
Attn: Donald Brown, City Manager City: $ Computed on the consideration or
value less liens or encumbrances
remaining at time of sale.
Signature of Declarant or Agent determining tax — Firm Name
A.P.N. 357-08-020; 357-12-001; 357-10-004; 357-10-007
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BLACKBERRY FARM RECREATION CENTER, a California corporation
hereby GRANT(S) to
CITY OF CUPERTINO, a California municipal corporation
that certain real property in the County of Santa Clara, State of California, more particularly described as follows:
See Schedule A attached hereto and incorporated herein.
This Grant is made subject to all covenants, conditions, restrictions, exceptions, easements, rights-of-way, rights of access,
agreements, reservations, encumbrances, liens and other matters whether or not of record; any matter which would be
disclosed by survey, investigation or inquiry; and any tax, assessment or other governmental lien against the property.
Dated 4fAl-Z 1 / f %/
STATE OF CALIFORNIA )
) ss.
COUNTY OF C )
On this "?�4
4day of
4' before me, the undersigned Notary Public, personally
appeared 7bm 4e. 5cA and �U
personally (mown to me (or proved to me oii the basis of
satisfactory evidence) to be the persons who executed the
within. instrument as president and secretary, respectively, on
behalf of the corporation therein named, and acknowledged
to me that the corporation executed the same.
WITNESS my hand and official seal.
NOTAR r PUBLIC
i
\204)0566100C.P50
13-031405661-001:pn
BLACKBERRY FARM RECREATION
CENTER, a California corporation
By: V_A v�
By:
JOELLA OLSEN
a� NOTARY F 'CLIC-CALIFORNIA
%sk! ,,l Af!TA CLARA COUNTY
My COmmi:?;g; EYWu FEB 25, 1992
Order No.: HL176504
SCHEDULE A
The land referred to herein is situated in the State of California,
County of Santa Clara City of Cupertino and
is described as follows:
All that real property situate in Section 15, Township 7 South, Range
2 West of the Mount Diablo Base Line and Meridian, City of Cupertino,
County of Santa Clara, State of California, and more particularly
described as follows:
Beginning at a point on the Southerly right-of-way line of Stevens
Creek Boulevard as established by Record of Survey recorded in Book
469 of Maps, page 57, Official Records, of Santa Clara County and as
shown on Plan Line Map recorded in Book 7 of Plan Line Maps, pages 113
to 121, Santa Clara County Records which bears South 89° 49' 00" West
a distance of 260.77 feet and North 12° 30' 23" East a distance of
5.19 feet from the intersection of Byrne Avenue and Old Stevens Creek
Boulevard as shown on the Map of Tract No. 150, "Stevens Creek
Subdivision Map No. 2", recorded in Book 5 of maps, page 5, Santa
Clara County Records; thence south 12° 30' 23" West, on the Westerly
line of "Tract No. 6574", recorded in Book 443 of Maps, pages 34 and
35, Santa Clara County Records, and the Northerly extension thereof, a
distance of 302.26 feet to the Southwest corner thereof and the
Northwest corner of said Tract No. 150; thence on the Westerly line of
said Tract No. 150 the following 11 courses: 1. South 03° 02" 58"
East a distance of 101.84 feet; 2. South 06° 43' 22" West a distance
of 126.15 feet; 3. South 150 03' 52" East a distance of 95.55 feet; 4.
South 01° 32' 17" East a distance of 92.26 feet; 5. South 060 17' 53"
East a distance of 48.91 feet; 6. South 28° 55' 53" East a distance of
141.02 feet; 7. South 040 26' 48" East a distance of 139.85 feet; 8.
South 03° 13' 56" West a distance of 109.72 feet; 9. South 08° 29' 30"
East a distance of 101.56 feet; 10. South 000 00° 00" East a distance
of 46.95 feet; 11. South 46° 15' 30" East a distance of 473.35 feet
to a point on the Northerly line of San Fernando Avenue; thence South
570 30' 00" West, on said Northerly line, a distance of 165.89 feet to
the Northeast corner of Lot 59 of Tract No. 211, "Stevens Creek
Subdivision Map No. 4" as recorded in Volume 7 of Maps, page 31, Santa
Clara County Records; thence South 00° 10' 58" West, on the East line
of said Lot 59, a distance of 30.00 feet; thence South 690 09' 51"
West a distance of 124.89 feet to the Northwest corner of said Lot 59;
thence SOuth 830 09' 00" West, on the Northerly line of said Tract No.
211, a distance of 239.08 feet to the most Easterly corner of Parcel
"B" as shown on that Record of Survey recorded in Book 146 of Maps,
page 56, Santa Clara County Records; thence on the Northerly, Westerly
and Southerly lines of said Parcel "B" the following 7 Courses: 1.
North 76° 49' 03" West a distance of 86.30 feet; 2. South 79° 14' 51"
West a distance of 30.17 feet; 3. South 600 291 51" West a distance of
60.00 feet; 4. South 400 44' 21" West a distance of 19.99 feet; 5.
South 120 19' 43" East a distance of 50.82 feet; 6. South 39° 06' 00"
(Continued)
cantinuea )
Last a distance of 72.31 feet; 7. North 55° 54' 00" East a
distance of 43.18 feet to a point on the Southwesterly line of
Lot 48 of said Tract No. 211; thence on the Southwesterly line of
said Tract No. 211 the following 4 courses; 1. South 360 42' 00"
East a distance of 34.45 feet; 2. South 33° 31' 00" East a
distance of 93.06 feet; 3. South 30° 31' 00" East a distance of
79.45 feet; 4. South 450 33' 00" East a distance of 189.70 feet
to the Northwest corner of that parcel of land described in Book
K982 of Official Records, page 1197, Records of Santa Clara
County; thence South 110 38' 08" East, on the Westerly line of
said Parcel, a distance of 61.20 feet to the Northwest corner of
that parcel of land described in Book 2366 of Official Records,
page 499, Records of Santa Clara County; thence South 24° 04' 30"
East, on the Westerly Line of said Parcel, a distance of 92.58
feet; thence South 12° 51' 30" West, continuing on said Westerly
Line, a distance of 172.35 feet to a point on the North line of
Tract No. 5362 as recorded in Book 323 of Maps, page 41, Santa
Clara County Records; thence North 90° 00' 00" West, on the North
line of said Tract No. 5362 and on the North line of Lot "Z" of
the Map of "Colony Tract Monta Vista" as recorded in Book "P" of
Maps, page 21, Santa Clara County Records, a distance of 328.67
feet to a point on the Easterly line of Parcel "A" of Tract NO.
5873, "The Sycamores" as recorded in Book 383 of Maps, page 51
and 52, Santa Clara County Records; thence on the Easterly and
Northerly lines of said Parcel "A" the Following 3 courses: 1.
North 02° 44' 11" East a distance of 206.97 feet; 2. North 20°
25' 11" East a distance of 153.50 feet; 3. North 580 17' 31" West
a distance of 708.51 feet to a point on the Westerly line of Lot
"C" of the "Map of Monta Vista Park" as recorded in Book "P" of
Maps, page 19, Records of Santa Clara County; thence on the
Westerly and Northerly lines of said Lot "C" the following 7
courses: 1. North 000 10' 31" West a distance of 31.54 feet; 2.
North 18° 18' 25" East a distance of 124.23 feet; 3. North 440
48' 25" East a distance of 123.86 feet; 4. North 38° 03' 25" East
a distance of 79.23 feet; 5. North 080 03' 25" East a distance of
137.94 feet; 6. North 13" 11' 35" West a distance of 82.00 feet;
7. North 76° 48' 25" East a distance of 10.00 feet to a point on
the Easterly line of said Monta Vista Park; thence North 13° 11'
35" West, on said Easterly line, a distance of 70.56 feet; thence
North 46° 46' 00" East, continuing on said Easterly line, a
distance of 206.74 feet to the most Southerly Southeast corner of
Tract NO. 5915, "The Meadows of Cupertino" as recorded in Book
384 of Maps, pages 18 and 19, Santa Clara County Records; thence
North 49° 03' 05" East, on the Southeasterly line of said Tract
No. 5915, a distance of 176.14 feet; thence North 52° 45' 45"
East, continuing on said Southeasterly line, a distance of 139.19
feet to the most Southerly corner of that parcel of land
described in Hook 1410 of Official Records, page 635, Santa Clara
County Records; thence on the Easterly line of said Parcel the
following 7 courses: 1. North 370 07' 43" East a distance of
107.38 feet; 2. North 25° 37' 43" East a distance of 54.12 feet;
3. North 360 37' 43" East a distance of 199.32 feet; 4. North 24°
37' 43" East a distance of 80.26 feet; 5. North 04° 45' 43" East
a distance of 231.66 feet; 6. North 020 59' 17" West a distance
of 122.10 feet; 7. North 44° 22' 17" West a distance of 136.68
(Continued)
• de (continued)
feet to the most Southerly corner of that parcel of land
described in Book G295 of Official Records, page 549, Records of
Sanaa Clara County; thence on the Easterly line of said Parcel
the following 3 courses: 1. North 640 50' 30" East a distance of
77.87 feet; 2. North 07° 28' 30" East a distance of 119.78 feet;
3. North 000 11' 00" West a distance of 32.97 feet to the
aforementioned Southerly right-of-way line of Stevens Creek
Boulevard; thence North 890 49' 00" East, on said Southerly
right-of-way line, a distance of 261.54 feet; thence North 860
53' 46" East, continuing on said Southerly right-of-way line, a
distance of 40.56 feet to the Point of Beginning of this
Description.
Excepting therefrom: Parcel "A" as shown on that Record of Survey
recorded in Book 146 of Maps, page 56, Records of Santa Clara
County, and more particularly described as follows:
Beginning at a point which bears North 830 09' 00" East a
distance of 28.12 feet and North 06° 51' 00" West a distance of
37.16 feet from the Northwest corner of Lot 49 of Tract No. 211,
"Stevens Creek Subdivison Map No. 4" as recorded in Volume 7 of
Maps, page 31, Records of Santa Clara County; thence North 100
04' 00" West a distance of 97.98 feet; thence North 61° 48' 00"
East a distance of 77.12 feet; thence South 700 14' 00" East a
distance of 71.22 feet; thence South 03° 13' 00" East a distance
of 94.18 feet; thence South 83° 09' 00" West a distance of 124.03
feet to the Point of Beginning of this description.
Excepting therefrom any and all improvements situate on the land
hereinafterdescribed which are and shall remain real property.
Excepting therefrom that portion of said land described as
follows:
Beginning at a point on the Southerly right-of-way line of
Stevens Creek Boulevard as established by Record of Survey
recorded in Book 469 of Maps, page 57, Records of Santa Clara
County and as shown on Plan Line Map recorded in Book 7 of Plan
Line Maps, pages 113 to 121, Santa Clara County Records which
bears South 89° 49' 00" West a distance of 260.77 feet and North
120 30' 23" East a distance of 5.19 feet from the intersection of
Byrne Avenue and Old Stevens Creek Boulevard as shown on the Map
of Tract No. 150, "Stevens Creek Subdivision Map No. 2", recorded
in Book 5 of Maps, page 5, Santa Clara County Records; thence
South 120 30' 23" West, on the Westerly line of "Tract No. 6574"
recorded in Book 443 of Maps, pages 34 and 35, Santa Clara County
Records, and the Northerly extension thereof, a distance of
180.52 feet; thence South 89° 55' 40" West, departing said
Westerly line, a distance of 79.28 feet; thence North 000 10' 29"
West a distance of 24.81 feet; thence South 89° 04' 11" West a
distance of 199.10 feet to the Southeast corner of that parcel of
land described in the Deed recorded in Book G295 of Official
Records, page 549, Santa Clara County Records; thence North 07°
28' 30" East, on the easterly line of said Parcel, a distance of
119.78 feet; thence North 00° 11' 00" West, continuing on said
(Continued)
(continued)
Easterly line, a distance of 32.97 feet to a point on the
aforementioned Southerly right-of-way line of Stevens Creek
Boulevard; thence North 89° 49' 00" East, on said Southerly
right-of-way line, a distance of 261.54 feet; thence North 860
53' 46" East, continuing on said Southerly right-of-way line, a
distance of 40.56 feet to the Point of beginning.
"NO FEE"
City of Cupertino r
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with
the provisions of Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by
the deed or grant dated April 3, 1991, from
is • M �: �.. .. �- • �� �-
to City of Cupertino, a governmental agency, is hereby accepted by
order of the City Council on February 19, 1991, and the grantee
consents to recordation thereof by its duly authorized officer.
Dated: April 2, 1991
By,
c- ty City Ciexk
_ _ City of Cupe �tito
RESOLUTION NO. 8273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREE= BEgUE.EN THE CITY OF
CUPERTINO AND JONES HALL HILL AND WHITE FOR SPECIAL
LEGAL COUNSEL SERVICES IN CONNECTION WITH
CERTIFICATES OF PARTICIPATION
W�.S, an agreement between the City of Cupertino and Jones Hall
Hill and White outlining the terms and conditions for the provision of
special legal counsel services in connection with certificates of
participation has been presented to the City Council; and said agreement
having been approved by the Director of Finance and the City Attorney;
NOW, n1EREFORE, BE IT RESOLVED, that the City Manager is hereby
authorized to execute the agreement herein referred to in behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of November , 1990 by the following vote:
vote Members of the City Council
AYES: Goldman, Rogers, Sorensen, Szabo, Koppel
NOES: None
ABSENT: None
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
JONES HALL HILL & WHITE,
A PROFESSIONAL LAW CORPORATION
ATTORNEYS AT LAW
CHARLES F. ADAMS
HAROLD W. BANK*
STEPHEN R. CASALEGGIO
BRUCE R. COLEMAN
THOMAS A. DOWNEY
ANDREW C. HALL, JR.
KENNETH I. JONES
WILLIAM H. MADISON
DAVID J. OSTER
BRIAN D. QUINT
PAUL J. TIITM'MIG
SHARON STANTON WHITE
`
ADMITTED TO NEW YORK AND
DISTRICT OF COLUMBIA BARS ONLY
VIA REGULAR MAIL
Blaine Snyder
Director of Finance
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Dear Blaine,
November 12, 1990
RE: Agreement for Legal Services
FOUR EMBARCADERO CENTER
NINETEENTH FLOOR
SAN FRANCISCO, CA 94111
(415) 391-5780
FACSIMILE
(415) 391-5784
(415) 391-5785
(415) 956-6308
ROBERT J. HILL (1922-1988)
Enclosed are three copies of an agreement for legal services for the City's
upcoming financing. I look forward to working with you on the transaction, and
our meeting scheduled for 2:00 p.m. on Monday, November 19th. Congratulations
again on the successful ballot measure.
Very truly yours,
eaul4'
Thimm'
Enclosure
PJT:sc/J8368
JONES HALL HILL AND & WHITE
A PROFESSIONAL LAW CORPORATION
AGREEMENT
BY AND BETWEEN THE CITY OF CUPERTINO AND JONES HALL HILL &
WHITE, A PROFESSIONAL LAW CORPORATION, FOR SPECIAL LEGAL COUNSEL
SERVICES IN CONNECTION WITH CERTIFICATES OF PARTICIPATION
THIS AGREEMENT is entered into the ; Y day of November, 1990, by and
between the CITY OF CUPERTINO, CALIFORNIA, (the "City") and JONES HALL HILL
& WHITE, A PROFESSIONAL LAW CORPORATION, San Francisco, California
("Attorneys").
WITNESSETH.•
WHEREAS, the City is proceeding to finance the cost of acquiring land, and in
connection with such financing proceedings the City requires the advice and assistance
of special legal counsel; and
WHEREAS, the City has determined that Attorneys are qualified by training and
experience to perform the services of special legal counsel, and Attorneys are willing to
provide such services; and
WHEREAS, the public interest, economy and general welfare will be served by this
Agreement;
NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS
FOLLOWS:
1. Duties of Attorneys. Attorneys shall do, carry out and perform all of the
following services as are necessary for the successful issuance of Certificates of
Participation (the 'Certificates') to finance the cost of acquiring the land:
A. Consultation and cooperation with the City Attorney, financing
consultants and other consultants, underwriters, staff and employees of the City
and assisting such consultants, underwriters, staff and employees in the
formulation of a coordinated Certificate financing.
B. Preparation of all legal proceedings for the authorization and delivery of
the Certificates, including preparation of the Lease Agreement, Assignment
Agreement and Trust Agreement, and the form of the Certificates; the terms and
conditions upon which the same are to be providing for the setting up of special
funds for the of proceeds of the sale of the Certificates, and providing all other
details in connection therewith, including clauses for the protection of the
interests of the Certificate owners; preparation of the resolution approving said
Agreements and other documents and selling all or any part of the authorized
Certificate issue; preparation of all documents required for delivery of the
Certificates, and supervising such delivery; preparation of all other proceedings
incidental or in connection with the sale and delivery of Certificates.
C. Application for any Internal Revenue Service or other rulings necessary
to assure tax-exempt status of the interest represented by the Certificates, or as
required by the purchaser of the Certificates.
D. Determination of the need for obtaining a permit to issue the Certificates
under the Securities Laws (state or federal) or no -action letters from the Securities
Exchange Commission and California Corporations Commission.
E. Upon completion of proceedings to the satisfaction of Attorneys,
providing a legal opinion unqualifiedly approving in all regards the legality of all
proceedings for the authorization and delivery of the Certificates, the Lease
Agreement, the Assignment Agreement and the Trust Agreement and all other
transactions relating thereto, and stating that the interest represented by the
Certificates is excludable from gross income for federal income tax purposes, and
is exempt from California personal income taxation (subject to certain necessary
qualifications under federal tax law), which opinion shall inure to the benefit of
the purchasers of the Certificates.
F. Attending all meetings deemed necessary by Attorneys in the
performance of the services hereunder, or requested by City staff.
G. Such other and further services as are normally performed by special
legal counsel in connection with similar tax-exempt financings.
H. Attorneys will not be responsible for the preparation or content of the
official statement prepared by the financial advisor or Certificate purchaser, other
than to examine said official statement as concerns description of Certificates and
matters within Attorneys' knowledge.
I. Attorneys will not be responsible for monitoring or assuring compliance
with the rebate requirements applicable under federal tax law to the Certificates,
other than to render advice as to the legal interpretation of such requirements as
set forth in the Trust Agreement relating to the Certificates. Without limiting the
generality of the foregoing, Attorneys shall not be responsible to preparing any
calculations or documentation to establish compliance with such rebate
requirements or otherwise for computing the amounts required to be rebated,
without separate agreement between the City and Attorneys.
2. Compensation. For the services of Attorneys listed in Section 1 the City will pay
Attorneys a fee equal to the sum of (a) one percent (1%) of the principal amount of
Certificates up to $1 million, plus (b) one-half of one percent (1/2 of 1%) of the principal
amount of Certificates in excess of $1 million but less than or equal to $6 million, plus (c)
one-quarter of one percent (1/4 of 111o) of the principal amount of Certificates in excess of
$6 million but less than or equal to $21 million, plus (d) one-eighth of one percent (1/8 of
1%) of the principal amount of Certificates in excess of $21 million. The City shall
reimburse Attorneys for all out-of-pocket expenses incurred by Attorneys in connection
with their services hereunder for out-of-state travel, costs of publication and
photocopying, costs of preparing transcripts of proceedings for closing purposes, and
costs of messenger and delivery services.
-2-
Payment of said fees and expenses to Attorneys shall be due upon the issuance of
Certificates and the delivery of the proceeds thereof to the City. Said fees and expenses
shall be payable solely from the proceeds of the Certificates and from no other funds of the
City, and shall be entirely contingent upon the successful sale and delivery of the
Certificates.
3. Responsibilities of the City. The City shall cooperate with Attorneys and shall
furnish Attorneys with certified copies of all proceedings taken by the City, or other
deemed necessary by Attorneys to render an opinion upon the validity of such
proceedings. All costs and expenses incurred incidental to the actual issuance and
delivery of Certificates, including the cost and expense of preparing certified copies of
proceedings required by Attorneys in connection with the issuance of the Certificates, the
cost of preparing the Certificates for execution and delivery, all printing costs and
publication costs, and any other expenses incurred in connection with the issuance of
Certificates, shall be paid from Certificate proceeds.
4. Exceptions. Any services rendered in any litigation involving the City or the
financing proceedings relating to the Certificates are excepted from the services to be
rendered for the above compensation. On-going advice and preparation of necessary
documentation regarding compliance with Section 148 of the Internal Revenue Code of
1986, relating to arbitrage limitations and rebate provisions, are also excepted from the
services to be rendered for the above compensation. For such services which Attorneys
are directed to render for and on behalf of the City, compensation shall be on the basis of
reasonable fees to be agreed upon by the City and Attorneys.
5. Termination of Agreement. This Agreement may be terminated by the City at
any time by giving thirty days written notice to Attorneys with or without cause. In the
event of termination, all finished and unfinished documents, exhibits, project data,
reports, and evidence shall, at the option of City, becomes its property and shall be
delivered to it by Attorneys.
IN WITNESS WHEREOF, the City and Attorneys have executed this Agreement as
of the date first above written.
J8367
-3-
CITY OF, CUPERTINO
Manager
JONES HALL HILL & WHITE,
A PROFESSIONAL LAW
CORPORATION
By P -m
aul J. Thimmig