20-086 Ching-Jung Lin Revocable Trust, 20820 McClellan Place, Agreement Regarding Offer of Dedication and Waiver of Future Reimbursement, Right of Entry, and License to use PropertyOFFICIAL BUSINESS .
Document entitled to free
recording per Goverm11ent
Code§ 6103 and§ 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Cupertino
10300 Torre Avenue
Cupertino , California 95014
Attn: Director of Public Works
SPACE ABOVE THJS LINE FOR REC ORDING US E
AGREEMENT REGARDING OFFER OF DEDICATION & WAIVER OF FUTURE
REIMBURSEMENT, RIGHT OF ENTRY, AND LICENSE TO USE PROPERTY
This Agreement Regarding Right of Entry , License, Offer of Dedication and Waiver of Future
Reimbursement ("Agreement") is made and effective this I\ day of ~C , 20 ~ by
Ching-Jung Lin Revocable Trust dated May 26, 2006 ("Owner") and the City of Cupertino , a municipal
corporation ("City"). Owner and City may each be referred to as a "Party ," or collectively as the
"Parties."
RECITALS
A. Owner is the owner in fee of real property with a street address of 20820 McClellan Place
in the City of Cupertino , County of Santa Clara, designated as Assessor 's Parcel No . 359-20-032 , more
particularly described in Exhibit A (the "Site").
B. Section 14 .04.110 of the Cupertino Municipal Code provides that if the City or another
property owner installs improvements that benefit a property , the owner of the benefitted property is
required to reimburse the City or the property owner for its reasonable share of the costs of such
improvements when the benefitted property owner seeks a land use entitlement from City. Section
18 .56.040 of the City of Cupertino Municipal Code imposes a similar reimbursement requirement. Both
sections provide, however, that if a property owner dedicates necessary right-of-way to the City without
charge , the City may enter into an agreement with the owner to waive future reimbursement
requirements.
C. City is in the process of constructing improvements to enhance the safety and
convenience the City's bicycle and pedestri an routes. The McClellan Road Separated Bikeways-Phase 2
project (the "Project") will construct those improvements. A portion of the Site is among those areas the
City desires to improve. Owner agrees to extend a right of entry to City and a license to use the
Dedication Area to construct improvements and allow public use of those improvements until the City
owns the Dedication Area.
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D. Owner has agreed to dedicate to City that certain approximately 550 square foot portion
of the Site as depicted in the diagram attached hereto and incorporated herein as Exhibit B and more
particularly described in the legal description attached hereto and incorporated herein as Exhibit C (the
"Dedication Area"), in consideration of the City 's limited waiver of future reimbursement requirements,
and to grant City a right-of-entry to the Dedication Area.
NOW THEREFORE , in consideration of the mutual promises , approvals , and covenants made
by the Parties and other considerations , the value , adequacy and receipt of which are hereby
acknowledged, the Parties agree as follows:
1. Right of Entry. Subject to the terms and conditions of this Agreement, Owner hereby
grants to City, its contractors , subcontractors , employees , agents, invitees and the public a non-exclusive
right to enter the Dedication Area for the purpose of constructing the Project on the Property and the
right to remove any improvements presently within the Property to allow for construction of the Project,
as well as to allow the public use of the Dedication Area upon completion of the Project on the Property.
This Right of Entry shall expire and terminate upon the recordation of the City's acceptance of the
Offer, as set forth in section 4.3 below.
2 . Offer of Dedication. Owner does hereby irrevocably offer to dedicate in fee the
Dedication Area for street, highway, public utility, public pedestrian, landscaping and any other public
purpose (the "Offer"). The Offer is irrevocable and shall be absolutely binding upon the Owner, its
heirs, successors, assigns , and all persons claiming an interest in the Site through them.
3. Condition of Title; Removal of Liens. Owner shall work in good faith with City to
remove any and all encumbrances or liens ( other than the lien for current taxes not yet due and payable),
including any deed of trust securing the obligation to pay a mortgage loan, encumbering all or any
portion of the Dedication Area. With respect to deed(s) of trust, City , at its cost, shall prepare and
provide to Owner the forms of partial reconveyance instrument(s) required to remove the Dedication
Area from the lien(s) of such deed(s) of trust. The removal of all such liens , including lien(s) of deed(s)
of trust , shall be a condition precedent to the effectiveness of City 's waiver of the right to future
reimbursement as set forth in Section 6 below.
4. Time and Manner of Acceptance.
4.1 The Offer may be accepted by Resolution of the City Council of the City of
Cupertino and not in any other manner. Any purported acceptance of the Offer by or on behalf of the
City , other than in this manner, shall be null and void and of no force or effect.
4.2 The Offer shall remain in effect until accepted by Council Resolution. The Offer
may not be terminated, or the right to accept the Offer abandoned, except by Council Resolution in the
same manner as prescribed for smm11ary vacation of streets or highways by Part 3 (commencing with
Section 8300) of Division 9 of the Streets and Highways Code.
4.3 Upon acceptance of the Offer, the City shall mail a copy of its Resolution of
Acceptance to the then-owners of the Site at the address shown on the latest County of Santa Clara
secured assessment roll and at the address listed in the Offer for notices .
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5 . Use of Property Prior to Acceptance of Offer. Owner agrees that it will not use th e
Dedication Area in any way that will interfere with the use of the Dedication Area for public right-of-
way .
6. Limited Waiver of Reimbursement Requirement. Subject to satisfaction of the li en
removal condition set forth in Section 3 above and the limitations of this Section 6 , upon City 's
acceptance of the Offer, City hereby agrees to waive any and all future reimbursements for the costs of
any improvements installed by City or its contractors on the Dedication Area ("City Work"), including
reimbursements required by Sections 14.04.100 and 18.56 .040 of the Cupertino Municipal Code, which
may be charged to Owner at such time as Owner obtains a future land us e entitlement with respect to the
Site. This waiver of right to future reimbursement shall include only the costs of the City Work and
shall remain in effect for twenty-five (25) years following City's acceptance of the Offer.
Notwithstanding any other provision hereof to the contrary , Owner shall remain obligated to pay any
development impact fees , including roadway impact fees , and the costs of any other improvements
required in connection with the applicable land use entitlement. Further, in recognition of the fact that
the City Work improvements will have a limited useful life , following expiration of the 25-year period ,
City shall have the right to require Owner to fund the cost of reconstructing any public improvements
within the Dedication Area that City could then lawfully require Owner to fund in the absence of this
Agreement.
7. No Liens. The City will not permit to be filed or enforced against the Property , or any
part thereof, any statutory lien for labor or materials (including without limitation any mechanics or
materialmen's lien) or any claim for damages arising from City's use of, or activities on the Property
with respect to the Project.
8. Indemnity . City shall indemnify , defend , and hold harmless Owner and Owner's officers ,
agents and employees against any and all liability , claims , actions , causes of action or demands arising
out of, connected with, or caused by City or City 's employees , agents , independent contractors ,
companies , or subcontractors use of the Property , except to the extent of Owner's negligence or willful
misconduct.
9 . Insurance. City shall maintain, or require its contractor to maintain, conm1ercial general
liability and comprehensive automobile policies that include , cover and insure the work performed on
the Project and the terms and conditions of this Agreement, including the activities or operations of any
contractor and its employees , agents , representativ es and subcontractors under this Agreement.
10. Notices . Any notices which either Party may desire to give to the other Party under this
Agreement must be in writing and may be given either by (i) personal service ; (ii) delivery by a
reputable document delivery service , such as but not limited to , Federal Express , which provides a
receipt showing date and time of delivery ; or (iii) mailing in the United States Mail , certified mail ,
postage prepaid , return receipt requested , addressed to the address of the Party as set forth below or at
any other address as that Party may later designate by notice:
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To City:
With a copy to:
To Owner:
City of Cupertino
10300 Torre Avenue
Cupertino , CA 95014
Attention : Public Works Director
City of Cupertino
10300 Torre Avenue
Cupertino , CA 95014
Attention: City Attorney
Ching-Jung Lin, Trustee
20820 McClellan Place
Cupertino, CA 95014
11. Agreement Runs with Land; Recordation. The provisions of this Agreement shall inure
to the benefit of and be binding upon the owners of the Site and their heirs , successors or assigns , and
any other person claiming an interest in the Site through them. Upon execution, this Agreement shall be
recorded in the Official Records of Santa Clara County.
12. Waiver of Further Compensation. Owner hereby expressly and unconditionally waives
any and all right to claim, demand , or receive any further compensation for the Dedication Area which
Owner may be eligible to receive under the California Relocation Assistance Act (Government Code
§ 7260, et seq.), Article 1, § 19 of the California Constitution, the California Eminent Domain Law
(Code of Civil Procedure § 1230 .010, et seq.), and/or the California Code of Regulations , Title 25 or
other applicable local , state , or federal statute , ordinance, regulation, rule, or decisional law ( collectively
"Compensatory Laws"), including, but not limited to, the fair market value of the Dedication Area,
severance damages , loss of goodwill, loss of profits , or relocation benefits and assistance , or claims for
unreasonable precondemnation activities or inverse condemnation, or any other compensation as a result
of the Parties' agreements hereunder or the City's acceptance of the Offer. Furthermore, Owner hereby
expressly releases the City of Cupertino , and its respective officials , officers, employees,
representatives, successors and assigns, from any liability, responsibility, or obligation to pay any
further compensation for the Dedication Area which Owner may be eligible to receive under the
Compensatory Laws as a result of City's acceptance thereof.
13. Authority to Execute . The person or persons executing this Agreement on behalf of
Owner warrants and represents that he/she/they has/have the authority to execute this Agreement on
behalf of Owner and waiTants and represents that he/she/they has/have the authority to bind Owner to
the performance of its obligations hereunder.
14. Entire Agreement. This Agreement embodies the entire integrated agreement and
understanding between the Parties hereto. There are no other agreements or understandings , oral or
written , with reference to the subject matter hereof that are not merged herein and superseded hereby ,
except as set forth herein above.
15. Amendments . This Agreement may only be terminated or modified in a writing executed
by both Parties and recorded in the Official Records of Santa Clara County.
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16. Governing Law; Venue. This Agreement shall be construed and enforced in accordance
with the laws of the State of California , without reference to choice of law provisions . Any legal actions
under this Agreement shall be brought only in the Superior Court of the County of Santa Clara , State of
California.
17 . Interpretation. This Agreement shall be construed according to its fair meaning, and not
strictly for or against any Party . This Agreement shall be deemed to have been prepared jointly by the
Parties hereto, and the terms of this Agreement have been negotiated by the Parties and the language
used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual
intent. This Agreement shall be construed without regard to any presumption or rule requiring
construction against the Party causing such instrument or any portion thereof to be drafted , or in favor of
the Party receiving a particular benefit under the Agreement. No rule of strict construction will be
applied against any Party hereto. When used herein, the singular form of the word includes the plural
form in appropriate context. Use of the term "including" is meant to be without limitation, such as
"including but not limited to" or similar. Section headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants or conditions
contained in this Agreement.
18. No Partnership . Nothing herein contained shall be construed to create a joint venture or
partnership or to create the relationship of principal and agent or of any association between City and
Owner.
19. Fmiher Cooperation. Each Party hereto agrees to execute any and all documents and
writings which may be necessary or expedient and do such other acts as will further the purposes hereof.
20. Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of
the respective successors, heirs , and assigns of the Parties.
21. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the signatory Parties and their successors and assigns . No other person shall
have any right of action based upon any provision in this Agreement.
IN WITNESS WHEREOF , the Parties have executed this Agreement as of the day and year
first written above.
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CITY:
CITY OF CUPERTINO, a California
municipal corporation
By :
Deborah Feng , City Manag
[Notary Acknowledgment R equired}
APPROVED AS TO FORM :
By: ~M-~
Heather Minner, City Attorney
ATTEST:
By:
OWNER:
Ching-Jung Lin Revocable Trust
dated May 26, 2006
Name: ~
Title : [if
applicable] Trustee --------------[Notary Acknowledgment R equir ed]
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A not a 1y public or other officer completing this certificate ve 1ifies only U1e identity of U1e individual who signed the docwnent
to which this certificate is attached , and not the truthfulness , accuracy, or validity of that doctm1 ent.
CALIFORNIA A LL P URI'OS E ACKNOWLEDGMENT
State of California
County of ~~ltl; l\/l.(tl,
, personally appeared On "J~ before me ,
____ h--'--1 _n _____ _,._-=\,11--L.,lf--Lt_',_Y) ____________ , who prov d to me on the basis of satisfactory evidence to
be th e person( whose n, e(s) is/are subscribed to the w ithin instrument and acknowledged to me that he /she/they executed
the same in his /her/their authori ze d capacity(ies), a11d that by his /he r/thei r signature(s) on the instrument the person(s), or th e
entity upon behalf of which the person(s) acted , executed th e ins trnment.
I certify under PENALTY OF PERruRY tU1der the laws of the sra te of Ca lifornia that t11e foregoing para gra ph is trne a11d
correct.
WITNESS my hand a11d official seal.
~ e e • e e e e •.• e e e ~
...... .. S. A. WETZEL ·@:,.·-~-·• NotaryPublic-California : ? ' . · •'. · ,,;'.--Santa Clara County :,;. J ~ , · • Commission # 2219046 f
~.ru _u 0 '! c:mzX:es!;!i· :10
OPTIONAL
T11 ough th e in fon nali on be low is not require d by la w, it ma y prov e vaiuable to p0r son, relyin g on th e docum ent and prevent fraudul ent reattachm ent of thi s
fo rm to anoth e r docum ent.
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document:
Date of Document: _____________ _ Ntm1ber of Pages in words : ____________ _
(includin g thi s pa ge)
Si gner(s) Other Than Named Above:
CAPACITY(IES) CLAIMED BY SIGNER(S)
Signer's Name:
(_)
(_)
Ind.ividuaJ(s)
Corporate Officer
Title(s): ----------------
(_)
(_)
(_)
(_)
(_)
Partner(s) -( ) Limited (_ _ _) General
At torney-In-Fact
Trustee(s)
Guardian/Cons ervator
Other: RIGHT THUM B ----------
SIGNER IS REPRESENTING:
Signer 's Name :
(_) lnd.i vidual(s)
(__) Corporate Officer
Title(s):
(__) Partner(s) -(_) Limited (_) General
(_ __ ) Attorney -In-Fact
(__) Trustee(s)
(__) Gmrdian/Conservator
_) Other: ------RIGHT THUM B
S1GNE R IS REPRESENTING:
/\ c;::::::>_ •✓~
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary publi c or other o fficer completin g this certifi cate ve rifi es only th e identity of the individu al who signe d the document to
w hic h this certificate is attached, an d not the truthfulness, accuracy, or validity of that docum ent.
State of California
County of Santa Clara
On ·A Vj v~ t V, 7N ~ b efo re me , Lauren Sapudar , Notary Public ,
(Here inse,t name and title of the officer)
personally appeared _ _,,_]-'--,'I =e..=b~o~r,~e,~l--,~-~~en~='?)+------------------------
who proved to me on the basis of satisfactory evidence to be th~(s) whose ~e(s)(&are subscribed to
the wi ~n instrnment and acknowledged to me that he/<Sh":e/they executed the same in hisflre)/their authorized
~(ies), and that by his/~their si ~) on the instrnment the ~(s), or the entity upon behalf of
which the ~s) acted , executed the instrnment.
I ce1tify under PENALTY OF PERJURY under th e laws of the State of California that the foregoing paragraph
is trne and c01Tect.
••••••••• f
LAUREN SAPUDAR
-; Notary Public • California z
= Santa Clara County ~
• Commission # 2247155 -
(Notaiy Seal)
My Comm. Expires Jun 22, 2022
ADDITIONAL OPTIONAL INFORMATION
D ESCRIPTION OF THE ATTACHED DOCUMENT
(Titl e or description of attached document)
(T itl e or description of attached document continued)
Number of Pages __ D oc um ent D ate ____ _
(Additional infonnation)
CAP A CITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Offi cer
(Titl e)
D Partner(s)
D Attorney-in-Fact
D Trustee( s)
D Other ___________ _
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EXHIBIT A
Legal Description of Site
For APN/Parcel ID(s): 359-20-032
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
CUPERTINO , COUNTY OF SANTA CLARA,. STATE OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1 AS SHOWN UPON THAT CERTAIN MAP ENTITLED , "RECORD OF SURVEY
BEING A PORTION OF THE NW 1/4 OF SECTION 24 T 7 S , R 2 W ., M .D.M . AND LYING
THE CITY OF CUPERTINO , CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON
FEBRUARY 20 , 1964 IN BOOK 173 OF MAPS , AT PAGE 54.
Exhibit A
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Checked: TG
Pro JC
528300PL0B
io
N
DOC 23514623
APN 359-20-032
PARCEL 1
ROS 173-M-54 ~
CJ)
00 z
RIGHT OF WAY __ --,-
(±550 SQ FT)
McCLELLAN
PLACE
LEGEND
10'
30'
N00'48'24"E
10.00'
S00'48'24"W r POC
20.00'
TPOB
30' I--
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IO
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20'
S00"46'11 "W
10.00'
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(..)
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30'
0 10 20
1 IN.= 20 FT.
BONNY
DRIVE
POC POINT OF COMMENCEMENT .
TPOB TRUE POINT OF BEGINNING
SHEET 1 OF 1
EXHIBIT "B"
PLAT TO ACCOMPANY DESCRIPTION:
1570 Oakland Road (408) 487-2200 RIGHT OF WAY
San Jose, CA 95131 HMHca .com CUPERTINO CALIFORNIA
EXHIBIT "C"
RIGHT OF WAY
February 28, 2020
HMH 5283.00.000
Page 1 of 1
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a
portion of that parcel of land described in the Grant Deed filed for record on November 30,
2016, in Document No. 23514623 of Official Records, Santa Clara County Records, described
as follows :
COMMENCING at the northwesterly corner of said parcel of land, a lso shown as Parcel 1 on
that certain Record of Survey filed for record on February 20, 1964, in Book 173 of Maps, page
54, Santa Clara County Records, being on the centerline of McClellan Road;
Thence along the westerly line of said Parcel 1, South 00°48'24" West, 20 .00 f e et, to a line
parallel with and 20 feet southerly of the centerline of McClellan Road, being the TRUE POINT
OF BEGINNING;
Thence along said parallel line, South 89°13'49" East, 54.98 feet, to the westerly line of
McClellan Place as shown on that certain Parcel Map filed for record on November 3 , 1995, in
Book 671 of Maps, page 15, Santa Clara County Records;
Thence along said westerly line, South 00°46'11" West, 10.00 feet, to a line parallel with and 30
feet southerly of the centerline of McClellan Road ;
Thence along said parallel line, North 89°13'49" West, 54.99 feet, to the westerly line of said
Parcel 1;
Thence along said westerly line, North 00°48'24" East, 10.00 feet, to the TRUE POINT OF
BEGINNING.
Containing 550 square feet, more or less.
As shown on Exhibit "B" attached hereto and made a part hereof.
This legal description was prepared by me or under my direction in accordance
with the Professional Land Surveyors Act.
Date : Z·J6'·@u '.?.J___Q --:::::=::,
Track.Tu6rge(, LS 8720
5283 00 LD0 8 • RO W.docx
157 0 Oakland Roa d I San Jose, Ca li fornia 95131 I (4 08) 4 87 -2200 I (408) 4 87-2222 Fax I www .HMH c a .com
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