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PC Summary 10-11-05 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Steve Piasecki, Director of Community Development Date: October 17, 2005 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE October 11, 2005 Chapter 19.32 of the Cupertino Municipal code provides for a eal of decisions made b the Plannin Commission 1. Application TM-2005-09; Mike Rohde (Valko Fashion Park), 10123 N Wolfe Road Description Tentative Map to subdivide a 7.05 acre parcel into two lots. Action The Planning Commission approved the application on a 5 - 0 vote. The fourteen-calendar day appeal will expire on October 25, 2005. Enclosures: Planning Commission Report of October 11, 2005 Planning Commission Resolution No. 6334 Approved Plan Set g:planningIPost Hearing/summary to cdO-II-0S CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location: TM-2005-09 Agenda Date: October 11, 2005 Mike Rohde Valko International Shopping Center LLC 10123 N. Wolfe Road East side of N. Wolfe Road, south of Highway 280 Application Summary: TENTATIVE MAP to subdivide a 6.93 acre parcel into two lots. RECOMMENDATION: Staff recommends that the Planning Commission approve the tentative map, file number TM-2005-09, in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Acreage (gross): Proposed Lot 1: Proposed Lot 2: Commercial/Residential P(Regional Shopping) 6.93 acres 2.11 acres 4.82 acres Project Consistency with: General Plan: Zoning: Yes Yes Categorically exempt. Environmental Assessment: PROJECT DESCRIPTION: The applicant, Mike Rohde, on behalf of Vallco International Shopping Center, LLC, is requesting approval to subdivide a 6.93 acre parcel into two (2) parcels consisting of a 2.11 acre lot (Lot 1) and a 4.82 acre lot (Lot 2). Lot 1 is a triangular shaped parcel that is located just south of Highway 280 and is currently developed as overflow surface parking for the mall. It is surrounded by a creek and Highway 280 to the north and east, Wolfe Road to the west, and Perimeter Road and the shopping mall to the south. The lot is improved with a paved parking lot and landscaping consisting of trees within the parking lot and along the perimeter of the proposed parcel. The perimeter landscaping is primarily comprised of mature redwood trees. Improvements on Lot 2 that is located south of Perimeter Road, will be maintained and consists of a freestanding restaurant (Alexander's Steakhouse), part of the enclosed <:9-\ TM-2005-09 Page 2 October 11, 2005 shopping mall west of JC Penney, ancillary parking for the mall, and a roadway easement that surrounds Alexander's steakhouse. DISCUSSION: Lot 1 is proposed to be the site of a future hotel. A hotel development is a vested use under the existing Development Agreement for the shopping center. Although the applicant intends to subdivide the property to accommodate a hotel, the approval of a subdivision map by itself cannot require a future owner to use or develop property in any particular fashion. The City Attorney indicates that the use of property is regulated by zoning and planning laws (including a Development Agreement) and not by the subdivision laws. In order to insure that the newly created lot will be developed and used as a hotel, staff recommends that a condition be included in the tentative map approval that requires that prior to obtaining a final map, the applicant execute an amendment to the development agreement that designates this newly created lot as a required hotel site. This can be accomplished during the Development Agreement extension process. Enclosures: Model Resolution Exhibit A: Preliminary Title Report Tentative Map Prepared by: Aki Honda, Senior Planner ~-C> r, Approved by: Steve Piasecki, Director of Community Developme~ G:\Plannillg\PDREPORT\pcTMreports\ TM-2005-09.doc d-~ TM-2005-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A 6.93 ACRE PARCEL INTO A 2.11 ACRE LOT AND A 4.82 ACRE LOT LOCATED AT V ALLCO SHOPPING CENTER SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2005-09 Mike Rohde, on behalf of Valko International Shopping Center 10123 N. Wolfe Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City öf Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: . a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. ;1-3 Page Z TM-Z005-09 October 11, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2005-09 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application TM-2005-09, as set forth in the Minutes of Planning Commission Meeting of October 11, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY TIIE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the tentative map entitled "TENTATIVE MAP, VALLCO INTERNATIONAL SHOPPING CENTER HOTEL AREA" by SMP Engineers, dated October 6, 2005, and consisting of one sheet labeled TM-1, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT AGREEMENT Prior to obtaining a final map, the applicant shall execute an amendment to the development agreement that designates Lot 1 as a required hotel site. The amendment shall specify the size and number of hotel rooms for the hotel. 3. TREE PRESERVATION No trees are to be removed on site as part of the tentative map approval. A Tree Removal Permit shall be required prior to the removal of any tree(s) on site. 4. RECIPROCAL INGRESS/EGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for a pedestrian ingress and egress easement, and vehicular ingress and egress easement for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easement shall be recorded prior to issuance of building permits. dot Page 3 TM-2005-09 October 11, 2005 5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. STREET WIDENING Street widening, street improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 7. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 8. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 9. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 10. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 11. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. d-S Page 4 TM-200S-09 October II, 2005 12. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 13. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 14. IMPROVEMENT AGREEMENT The project developer shall enter into an improvement agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: b. Checking and Inspection Fee: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Traffic Impact Fees: $ 6% of On Site Improvement Costs $ 6% of Off-Site Improvement Costs $ 3,000.00 TBD ** $ 3,250.00 N/A TBD Bonds: a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights. J~(P Page 5 TM-200S-09 October 11,2005 15. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 16. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 17. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: http:/www.swrcb.ca.gov / stormwtr / construction.html 18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS Post-Construction Best Management Practices a. Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality·impacts of stormwater runoff from the entire site for the life of the project. (Use for all construction projects) b. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. (Effective 10/15/03, use for Group 1 projects creating or replacing one acre or more of impervious surface, including roofs and pavement) c9-:¡- Page 6 TM-2005-09 October 11,2005 c. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. (Effective 10/15/03, use for Group 1 projects creating or replacing one acre or more of impervious surface, including roofs and pavement) 19. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. =============================================================== PASSED AND ADOPTED this 11th day of October 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission g:jplanning/pdreportjres/TM-2005-09 res.doc ;;;~ß @ Visit US on our Website: www.cf1c.com EXHIBIT A Chicago Title Company 110 West Taylor Street· San Jose, CA 95110 408292-4212. FAX 408 282-1404 PREUMINARY REPORT TItle OffICer: Mark Clayton-c&I Escrow Officer: Sharman McKenna Escrow No.: 05-98200087-5M TO: Emily Chen Amended Title No.: OS-982000B7-A-MC Locate No.: CACT17743-7743-2982-0098200087 408-996-2670 SHORT TERM RATE: Yes PROPERTY ADDRESS: N. Wolfe Road, Cupertino, California EFFECTIVE DATE: September 27, 2005, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: 1. THE ESTATE OR II'ITERE5T IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee Affects: Parcel I-e(l), Parcel I-e(2}, Parcel II-A, Parcel ill, Parcel VI, Parcel VII, Parcel vm, Parcel IX, Parcel X, Parcel XII, Parcel XV and Parcel I-A A leasehold as created by that certain lease dated August 26, 1988, executed by Sears, Roebuck & Co., as lessor, and Westland Shopping Center, L.P., as lessee, as referenced in the document entitled "Memorandum of Ground Lease", which recorded September 27, 1988, Book K69S, Page 277, of Official Records, for the term, upon and subject to all the provisions contained in said document, and in said lease. By Assignment dated February 28, 1995, executed by Westland Shopping Center, L.P., A California Limited Partnership as Assignor, the interest of Assignor in and to the above leasehold estate was assigned to Vallco L.L.C., a Delaware Limited Liability Company, as assignee, recorded April 27, 1995, Instrument No. 12873385, of Official Records. By Assignment dated June 12, 2003, executed by Teachers Insurance and Annuity Association of America, a New York corporation as Assignor, the Interest of Assignor in and to the above leasehold estate was assigned to Vallco International Shopping Center, LlC, A California Limited Liability Company, The E&H Fifth Family L.P., A California limited Partnership, Sun Valley Property, LLC, A california Limited liability Company, Dung Pham, an individual, and East Gate Properties, LlC, A California limited liability Company, as tenants in common, as assignee, recorded June 12, 2003, Instrument No. 17106184, of Official Records. d~9 1 ClTA Pre/iminaT'( Report Fon'n (11/17/04) Affects: Parcel 'I!V A leasehold as created by that certain lease dated August 26, 1988, executed by Sears, Roebuck & Co., as lessor, and Westland Shopping Center, L.P., as lessee, and recorded September 27, 1988, Book K695, Page 282, of Offidal Records, for the term, upon and subject to all of the provisions contained therein. By Assignment dated February 28, 1995, executed by Westland Shopping Center L.P., A California Umited Partnership as Assignor, the interest of Assignor in and to the above leasehold estate was assigned to Vallco L.L.C., a Delaware Umited Liability Company, as assignee, recorded April 27, 1995, Instrument No. 12873385, of Official Records. Affects: Parcel )(N A leasehold as created by that certain lease dated October 22, 1998, executed by Teachers Insurance and Annuity Association of America, a New York corporation, as lessor, and JG Cupertino u.c. an Ohio lirnited liability company, as lessee, as referenced in the document entitled "Memorandum of Ground lease", which recorded October 22, 1998, Instrument No. 14459201, of OffIcial Records, for the term, upon and subject to all the provisions contained in said document, and in said lease. By Assignment dated June 12, 2003, executed by Teachers Insurance and Annuity Association of America, a New York corporation as Assignor, the interest of Assignor in and to the above leasehold estate was assigned to Vallco International Shopping Center, llC, A California Umited Liability Company, The E&H Fifth FamIly L.P., A California limited PartnershIp, Sun Valley Property, llC, A California Umited liability Company, Dung Pham, an individual, and East Gate Properties, llC, A California limited liability Company, as tenants in common, as assignee, recorded June 12, 2003, Instrument No. 17106186, of Official Records. The above is a Ground leasehold Estate. Affects: Parcel I-e{l), Parcel I-e(2), Parcel II-A, Parcel ill, Parcel VI, Parcel VII, Parcel VIII, Parcel IX, Parcel X, Parcel XII, Parcel XIII, Parcel )(N and Parcel I-A A subleasehold as created by that certain sublease dated October 22, 1998, executed by Teachers Insurance and Annuity Association of America, a New York corporation, as sublessor, and JG Cupertino llC, an Ohio limited liability company, as sublessee, and recorded October 22, 1998, Instrument No. 14459201, of Official Records, for the term, upon and subject to all of the provisions contained therein. By Assignment dated June 12, 2003, executed by Teachers Insurance and Annuity Association of America, a New York corporation as Assignor, the interest of Assignor in and to the above leasehold estate was assigned to Vallco International Shopping Center, llC, A California limited liability Company, The E&H Fifth Family L.P., A California Umited Partnership, Sun Valley Property, llC, A California Umited Liability Company, Dung Pham, an individual, and East Gate Properties, llC, A California limited Liability Company, as tenants in common, as assignee, recorded June 12, 2003, Instrument No. 17106187, of Official Records. . <:9-10 2 CLTA Preliminary Report Fom1 (11/17/04) ìiije No. OS-98200087-A-MC locate No. CACT17743-7743-2982-0098200087 LEGAL DESCRIPTION EXHIBIT-Aø All that certain Real Property in the City of Cupertino, State of California, described as follows: Parcell-C(l): Beginning at the intersection of the monument line of Stevens Creek Boulevard, as shown on that certain Parcel Map recorded in Book 325 of Maps at Page 12, Santa Cara County Record, with the monument line of Wolfe Road as shown on said Map; thence leaving said monument line of Stevens Creek Boulevard, along said monument line of Wolfe Road, N. 1 deg. 05' 14" W., 96.38 feet; thence leaving said monument line of Wolfe Road, S. 88 deg. 54' 46" W., 65.00 feet to a point in the Westerly line of said road; thence along the Westerly line, N. 1 deg. 05' 14" W., 558.22 feet; thence N. 2 deg. 59' 50" W., 270.93 feet; thence S. 88 deg. 54' 46" W., 19.97 feet to the True Point of Beginning; thence continuing along said Westerly line N. 1 deg. 05' 14" W., 1019.49 feet; thence along a tangent curve to the right, having a radius of 100.00 feet, through a central angle of 20 deg. 56' 09", an arc length of 36.54 feet to a point of reverse curvature; thence along a tangent curve to the left, having a radius of 100.00 feet, through a central angle of 18 deg. 28' 53", an arc length of 32.26 feet; thence N. 1 deg. 22' 02" E., 71.50 feet to a point on the general Northeasterly line of that certain parcel of land described as Parcel One in that certain Deed recorded in Book 7898 OffICial Records at Page 248, Santa Cara County Records; said line being common to the general Southwesterly right-of-way line of the lands of the State of California; thence leaving said Westerly line along said common general line, the fcIIowing courses; thence N. 12 deg. 04' 03" W., 13.54 feet; thence in a Northwesterly direction along a non-tangent curve (tangent curve per said Deed) to the left, having a radius of 147.01 feet (147.oo feet per said Deed), concave to the Southwest, whose center bears S. 77 deg. 52' 52" W., through a central angle of 5 deg. 02' 12", an arc length of 12.92 feet; thence leaving said general Northeasterly line, S. 88 deg. 54' 46" W. 222.25 feet; thence S. 1 deg. 05' 14" E., 378.00 feet; thence N. 88 deg. 54' 46" E., 16.22 feet; thence S. 46 deg. 05' 14" E, 106.07 feet; thence S. 1 deg. 05' 14" E, 215.11 feet; thence 5.88 deg. 54' 46" W., 29.29 feet; thence 5. 43 deg. 54' 46" w., 150.58 feet; thence S. 1 deg. 05' 14" E., 29.43 feet; thence S. 88 deg. 54' 46" W., 115.55 feet; thence N. 1 deg. 05' 14" W., 23.23 feet; thence S. 88 deg. 54' 46" w., 86.48 feet; thence S. 28 deg. 54' 46" W., 95.50 feet; thence S. 1 deg. 05' 14" E. 83.48 feet; thence 5.88 deg. 54' 46" W., 299.55 feet to a point in the general Easterly line of Tract No. 2086 as shown on that certain Map recorded in Book 112 of Maps, Pages 40 and 41, Santa Cara County Records; thence along said general Easterly line S. 0 deg. 42' 30" E. 237.00 feet (So 0 deg. 43" E. per said Tract) to the most Northwesterly comer of that certain parcel described in said Book 8073 Official Records at Page 372, Santa Clara County Records; thence along the Northerly line of said Parcel N. 88 deg. 54' 46" E. 807.11 feet to the True Point of Beginning. (A) Excepting therefrom during the term described in (C) below all buildings and improvements situated upon the real property described below which said buildings and Improvements shall constitute and remain real property, as excepted in the Deed from Vallco Fashion Park Venture, A Partnership and Vallco Center, Inc., a Corporation to Federated Department Stores, Inc., a Delaware Corporation, recorded September 14, 1976 in Book C280 Official Records Page 627, and more particularly described as follows: Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg. 05' 14" W., 445.65 feet; thence S. 88 deg. 54' 46" W. 100.32 feet to the True Point of Beginning; thence N. 1 deg. 05' 14" W., 120.92 feet; thence N. 88 deg. 54' 46" E., 4.71 feet; thence N. 1 deg. 05' 14" W. 134.50 feet; thence N. 46 deg. OS' 14" W. 41.85 feet; thence 5.88 deg. 54' 46" W. 55.OS feet; thence S. 43 deg. 54' 46" W. 31.51 feet; thence S. 88 deg. 54' 46" W., 16.22 feet; thence S. 43 deg. 54' 46" W. 10.91 feet; thence S. 1 deg. 05' 14" E 12.58 feet; thence S. 46 deg. 05' 14" E. 17.00 feet; thence S. 1 deg. 05' 14" E 160.21 feet; thence S. 88 deg. 54' 46" W. 17.12 feet; thence S. 1 deg. 05' 14" E. 10.88 feet; thence S. 88 deg. 54' 46" W. 12.85 feet; thence S. 1 deg. 05' 14" E. 8.27 feet; thence S. 88 deg. 54' 46" W., 11.68 feet; thence S. 1 deg. 05' 14" E. 51.06 feet; thence N. 88 deg. 54' 46" E 155.78 feet to the True Point of Beginning. (B) Excepting from the property described in (A) above the Parcels described as 1, 2, 3 and 4 below: (1) All that air space bounded by planes projected vertically at the parcelllmil5, and below the horizontal plane at elevation 198.29 feet, according to the datum of the Qty of Cupertino (City of Cupertino Official Bench Mark BM-l-EIev. 179.40): Beginning attheTrue Point of Beginning as described above; thence N.1 deg. 05' 14"W.120.92 feet; thence 4 ~ - Jr:L ClTA Prelminary R!:port Form (11{17/04) EXHIBIT "A" (continued) llUe No. 05·98200087 -A-MC locate No. CACIT1743·174H982·0098200087 N. 88 deg. 54' 46" E. 4.71 feet; thence N. 1 deg. OS' 14" W. 68.07 feet; thence 5. 88 deg. 54' 46" W. 32.00 feet; thence S. 1 deg. OS' 14" E. 163.86 feet; thence S. 43 deg. 54' 46" W. 35.53 feet; thence N. 88 deg. 54' 46" E. 52.41 feet to the True Point of Beginning. (2) All that air space bounded by planes projected vertically at the parcel limits, and above the horizontal plane at elevation 198.29 feet, according to the datum of the City of Cupertino (City of Cupertino Official Bench Mark 8M-l Elev. 179.40): Beginning at the True Point of Beginning as described above; thence N. 1 deg. 05' 14" W. 120.92 feet thence N. 88 deg. 54' 46" E. 4.71 feet; thence N. 1 deg. OS' 14" W. 32.67 feet; thence S. 88 deg. 54' 46" W. 21.88 feet; thence S. 1 deg. OS' 14" E. 40.42 feet; thence S. 88 deg. 54' 46" w. 1.79 feet; thence S. 1 deg. OS' 14" E. 29.24 feet; thence N. 88 deg. 54' 46" E. 9.85 feet; thence S. 1 deg. 05' 14" E. 40.97 feet; thence S. 88 deg. 54' 46" W. 75.37 feet; thence N. 1 deg. OS' 14" W. 2 26.80 feet; thence S. 88 deg. 54' 46" W. 18.84 feet; thence N. 1 deg. 05'14" W. 123.12 feet to Point "A"; thence S. 88 deg. 54' 46" W.1O.81 feet; thenceS. 1 deg. 05'14" E. 123.12 feet; thence S. 88 deg 54' 46" W. 17.12 feet; thence S. 1 deg 05'14" E. 10.88 feet; thence S. 88 deg. 54' 46" W. 12.85 feet; thence S. 1 deg. OS' 14" E. 8.27 feet; thence S. 88 deg. 54' 46" W. 11.68 feet; thence S. 1 deg. OS' 14" E. 51.06 feet; thence N. 88 deg. 54' 46" E. 155.78 feet to the True Point of Beginning. (3) All that space bounded by planes projected vertically at the parcel limits, and above the sloping plane which is at elevation 198.29 feet at the Southerly parcel limit (the course N. 88 deg. 54' 46" E. 10.81 feet) and at the elevation 196.00 feet at the Northerly parcel limit (the course S. 88 deg. 54' 46" W. 10.81 feet), according to the datum of the City of Cupertino (City of Cupertino OffIcial Bench Mark-BM-1-EIev. 179.40): Beginning at Point "A" as described above; thence N. 1 deg. OS' 14" W. 37.09 feet tD Point "B"; thence S. 88 deg. 54' 46" W. 10.81 feet; thence S. 1 deg. OS' 14" E. 37.09 feet; thence N. 88 deg. 54' 46" E. 10.81 feet to said Point "A", being the Point of Beginning. (4) All that space bounded by planes projected vertically at the parcel limits, and above the horizontal plane at elevation 196.00 feet, according to the datum of the City of Cupertino (City of Cupertino Official Bench Mark BM-l-Elev. 179.40): Beginning at Point "8" as described above; thence N. 1 deg. OS' 14" W. 32.76 feet; thence S. 88 deg. 54' 46" W. 15.12 feet; thence S. 43 deg. 54' 46" W. 10.91 feet; thence S. 1 deg. OS' 14" E. 12.58 feet; thence S. 46 deg. 05' 14" E. 17.00 feet; thence N. 88 deg. 54' 46" E. 10.81 feet to said Point "B", being the Point of Beginning. (C) The exception described in (A) above is only for a tenn which tenninates upon the tennination of that certain Sub-lease by and between Vallco Fashion Park Venture and Federated Department Stores, !nc., dated August 31, 1976, a Memorandum of which was recorded September 14, 1976 in Book C280 Official Records, Page 634, pursuant tD thè tenns thereof, at which time title tD the real property granted herein shall revert to Vallee Fashion Park Venture, its successors, its successors in interest and assigns without further act of any party thereto or their successors, successors in interest or assigns. Also excepting from said Parcel I-C(1) described above, a portion of said land as was conveyed to the City of Cupertino by Deed recorded October 15, 1976 in Book 048 Official Records, Page 714. Parcel I-C(2): Beginning at the intersection of the most Easterly line of Tract No. 2860, as shown on that certain Map recorded in Book 138 of Maps, Pages 22 and 23, Santa Oara County Records, with the general Northeasterly line of that certain parcel of land described as Parcel One in that certain Deed recorded in Book 7898 of Official Records, Page 248, Santa Clara County Records, said line being CQ/M1On to the general Southwesterly right-of- way of the lands of the State of Califomla; thence along said common general line S. 43 deg. 49' 16" E., (S. 43 deg. 48' E. per said Deed) 167.83 feet; thence leaving said line S.88 deg. 54' 46" W., 115.61 feettDa point in said Easterly line; thence along said Easterly line N. 0 deg. 17' 20" W. (N. 0 deg. 17' 05" W. per said Map) 123.29 feet tD the Point of Beginning. Parcel II-A: Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map recorded in Book 325 of Maps at Page 12, Santa Oara County Records, with the monument line of Wolfe Road as shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg. OS' 14" W. 385.82 feet; thence N. 85 deg. 54' 46" E., 76.00 feet to a point In the Easterly line of Wolfe Road, being the True Point of d-13 5 CLTA Pl'eUminllry Report Fonn (11/17/M) EXHIBIT 'A· (continued) Tille No. OS·9S200087-A-MC Locate No. CACTI7743-774H982'0098200087 Beginning; thence along said Easterly line N. 1 deg. 05' 14" W. 180.74 feet; thence leaving said Easterly line N. 88 deg. 54' 46" E., 27.43 feet; thence 5.1 deg. 05' 14" E. 180.74 feet; thence S. 88 deg. 54' 46" W. 27.43 feet to the True Point of Beginning. Parcel II-B: A perpetual and exclusive easement, for the construction, maintenance in place and maintenance, repair, replacement, re-construction and use of underground footings for buildings, structures and improvements to be located in Parcel V-A hereinafter described and other land over, in, under, along and across the following described real property: All that air space bounded by planes projected vertically at the parcel limits, below the horizontal plane at elevation 173.00 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark 8M-l EIev. 179.40); Beginning at the intersectlon of the monument Une of Vallco Parkway as shown on that certain Parcel Map recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Read as shown on said Map; thence along said monUment line of Wolfe Road, N. 1 deg 05' 14" W., 426.56 feet; thence N. 88 deg 54' 46" E., 103.43 feet to the True Point of Beginning; thence N. 1 deg 05' 14" W., 140.00 feet; thence N. 88 deg 54' 46" E., 10.00 feet; thence S. 1 deg 05' 14" E. 140.00 feet; thence S. 88 deg 54' 46" W., 10.00 feet to the True Point of Beginning. Parcel Ill: Portion of Parcel 3, as shown on the Parcel Map recorded June 19, 1973, Book 325 of Maps, Page 12, Santa Clara County Records described as follows: Beginning at the intersectlon of the monument line of Vallco Parkway as shown on that certain Parcel Map, recorded In Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Read as shown on said Map; thence along said monument line of Vallco parkway, N. 88 deg 54' 46" E. 85.00 feet; thence S. 1 deg OS' 14" E., 55.00 feet to the SOutherly Right-of-Way line of Vallco Parkway and the True Point of Beginning; thence along said line N. 88 deg 54' 46" E., 600.12 feet; thence leaving said line S. 1 deg OS' 14" E., 306.00 feet; thence S. 88 deg 54' 46" W., 620.12 feet to the Easterly Hne of Wolfe Road; thence along said line N. 1 deg 05' 14" W., 286.00 feet; thence along tangent curve to the right having a radius of 20.00 feet through a central angle of 90 deg 00' 00", an arc length of 31.42 feet to the True Point of Beginning. Parcel V-A: A perpetual and exclusive easement granted by the City of Cupertino, California by Agreement dated October 8, 1974, recorded October 17, 1974 In Official Records, Santa Clara County, Book 8 135 at Page 370, as amended by Supplement to Agreement between the City of Cupertino, California and Vallco Park, Ltd., dated as of August 5, 1975, recorded on August 20, 1975 In the aforesaid Official Records in Book 8571 Page 724, to construct, maintain In place, maintain, repair, replacement re-construct and to use buildings, structures and improvements over the following described Parcel of land. All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being a 140 foot wide strip, bounded by planes projected vertically at the Parcel limits, above the horizontal plane at elevation 195.50 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark 8M-l = Elev. 179.40) the centerline of which is described as follows: Beginning at the monument at the centerline of Wolfe Road and Vallco Parkway, as shown on that certain Parcel Map, recorded in Book 325 of Maps, Page 12, Santa Clara County Records; thence Northerly along the centerline of Wolfe Read as shown on said Parcel Map N.l deg 05' 14" W., 496.56 feet; thence at rightangles S. 88 deg 54' 46" W., 94.00 feet to the True Point of Beginning; thence N. 88 deg 54' 46" E., 170.00 feet; The Easterly tenninus being the Easterly Right-of-Way line of Wolfe Read and the Westerly tennlnus being the Westerly Right-of-Way line of Wolfe Read. Parcel V-B: The perpetual and exclusive easement for the construction, maintenance in place, and maintenance, repair, replacement, reconstruction and use of columns, supports, footings and foundations for buildings, structures and improvements to be located in Parcel V-A above described, granted by The City of Cupertino, California, by Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara County, ;)- 14- 6 CLTA Preliminlry Report Form (11/17/04) EXHIBIT "An (continued) TItle No. OS-9S200087-A-MC locate No. CACTl7743-7743-2982-Q098200087 Book 6135 at page 370, as amended by Supplement to Agreement between the City of Cupertino, California and Vallco Park, Ltd., dated as of August 5, 1975, recorded on August 20, 1975 in the aforesaid Official Records In Book B571 at Page 724, over, in, under, along and across the following described real property. Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map, recorded In Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence leaving said monument line of Vallco Parkway along the Northerly projection of said monument line of Wolfe Road, N.1 deg 05' 14" W., 426.56 feet to the True Point of Beginning; thence 5. 88 deg 54' 46" W., 14.50 feet; thence N. 1 deg OS' 14" W., 140.00 feet; thence N. 88 deg 54' 46" E. 32.00 feet; thence 5.1 deg 05' 14" E., 140.00 feet; thence S. 88 deg 54' 46" W., 17.50 feet to the True Point of Beginning. Parcel v-c: The perpetual and exduslve easement for the construction, maintenance in place, and maintenance, repair, replacement, re-construction and use of columns, supports, footings and foundations for buildings, structures and improvements to be located In Parcel V-A above described, granted by the City of Cupertino, California by Agreement dated October 8, 1974, recorded on October 17, 1974 In Official Records, Santa Oara County, Book B135 at Page 370, as amended by Supplement to Agreement between the City of Cupertino, Califomia and Vallco Park, Ltd., dated as of August 5, 1975, recorded on August 20, 1975 In Book B571 at Page 724, Officiai Records, and as amended by Second Amendment to Agreement, dated March 1, 1976 and recorded September 14, 1976 in Book C280 at Page 236, Official Records, and as amended by Third Amendment to Agreement, dated October 7, 1991 and recorded July 24, 1992 in Book M297 at Page 1860, Official Records, over, in, under along and across the following described real property: All that space bounded by planes projected vertically at the Parcel limits, below the horizontal plane at elevation 173.00 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark BM-1 = Elev. 179.40); Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map, recorded in Book 325 of Maps at Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence leaving said monument line of Vallee Parkway along the Northeasterly projection of said monument line of Wolfe Road, N. 1 deg 05' 14" W., 426.56 feet; thence S. 88 deg 54' 46" W., 84.00 feet to the True Point of Beginning; thence continuing S. 88 deg 54' 46" W., 10.00 feet to the Westerly line of Wolfe Road; thence along said line N. 1 deg OS' 14" W., 140.00 feet; thence leaving said Westerly line, N. 88 deg 54' 46" E., 10.00 feet; thence S. 1 deg 05' 14" E., 140.00 feet to the True Point of Beginning. Parcel V-D: A perpetual and exclusive easement to construct, repair, replace, reconstruct and use a vehicular tunnel and appurtenances thereto not In excess of 70 feet In width to be constructed, granted by the City of Cupertino, California by Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara County, Book B13S at Page 370, as Amended by Supplement to Agreement between the City of Cupertino, California, and Vallee Park, Ltd., dated as of August 6, 1975, recorded on August 20, 1975 in the aforesaid Official Records In Book B571 at Page 724, within the area described as follows: Beginning at the monument at the intersection of the centertine of Wolfe Road and Vallce Parkway, as shown on that certain Parcel Map, recorded in Book 325 at Page 12, Santa Clara County Records; thence along the Westerly prolongation of the centerline of Vallee Parkway as shown on said Parcel Map, S. 88 deg 54' 46" W. 94.00 feet; thence leaving said prolongation along a line parallel to and 94.00 feet Westerly of said centerline of Wolfe Road, N. 1 deg 05' 14" W., 924.22 feet to the True Point of Beginning; thence continuing along said parallel line N. 1 deg 05' 14" W., 95.26 feet; thence along a tangent curve to the right whose radius of 100.00 feet; through a central angle of 20 deg 56' 09", an arc length of 36.54 feet to a point of reverre curvature; thence along a tangent curve to the left, whose radius is 100.00 feet, through a central angle of 18 deg 28' 53" an arc length of 32.26 feet; thence tangent to said curve; N. 1 deg 22' 02" E., 71.50 feet to a point on the RIght-of-Way line of the lands of the State of California; thence leaving said Right-of-Way line N. 88 deg 54' 46" E. 171.63 feet to a second point on said RIght-of-Way line; thence Southerly along said Right-of-Way line S. 15 deg 06' 31" W., 63.83 feet; thence leaving said RIght-of-Way line Southerly along a line paralieltoand 76 feet Easterly of the centertlne of Wolfe Road as shown on said Parcel Map, S. 1 deg 05' 14" E., 172.58 feet; thence at right angles s. 88 deg 54' 46" W., 170.00 feet to the True Point of Beginning. Excepting therefrom that portion of Parcel V-D as was conveyed to the City of Cupertino by Deed recorded October 15, 1976 in Book C348, Official Records, Page 714. ;)-15 7 CLTA Preliminary Report Fcnn (11/17/fj ¡) EXHIBIT 'AN (continued) T~eNo.05~8200087-A·MC Locale No. CAC117743-7743-2982-0098200087 Also excepting therefrom that portion of Parcel V-D as was conveyed to the City of Cupertino by Deed recorded October 15, 1976 In Book C348, OffICial Records, Page 723. Parcel VI: Portion of Parcell as shown on the Parcel Map recorded June 19, 1973, Book 325 of Maps, Page 12, Santa Oara County Records, described as follows: Beginning at the most Northerty comer of said Parcell; thence along the Northeasterly line of said Parcel, S. 60 deg 14' 49' E., 575.42 feet; thence leaving said Northeasterly line S. 88 deg 54' 46" w., 384.58 feet; thence S. 1 deg 05' 14" E., 432.68 feet; thence S. 46 deg 05' 14" E., 75.68 feet; thence N. 88 deg 54' 46" E., 48.02 feet; thence 5.1 deg 05' 14" E., 347.65 feet; thence S. 88 deg 54' 46" W., 65.00 feet; thence 5.1 deg 05' 14" E., 46.19 feet; thence s. 88 deg 54' 46" W., 243.84 feet; thence N. 1 deg 05' 14" W., 97.91 feet: thence N. 88 deg 54' 46" E., 27.43 feet; thence N. 1 deg 05' 14" W., 180.74 feet: thence S. 88 deg 54' 46" W., 27.43 feet; thence N. 1 deg 05' 14" W., 530.23 feet to a point in the general Westerly line of said Parcel: thence along said general Westerly line, the following courses: thence N. 15 deg 06' 31" E., 76.49 feet; thence N. 9 deg 17' 58" E., 239.57 feet; thence along a tangent curve to the right having a radius of 97.00 feet through a central angle of 39 deg 48' 24", an arc length of 67.39 feet to the Point of Beginning. PARCEL VII All that air space bounded by the planes projected vertically at the Parcel Limits, and below the horizontal plane at elevation 198.29 feet:, according to the datum of the City of Cupertino (City of Cupertino Official Bench Mark BM·l = E1ev. 179.40) as reserved In the Grant Deed to Federated Department Stores, Inc., A Delaware Corporation, recorded September 14, 1976 in Book C 280, Page 627, Official Records. ; Beginning at the True Point of Beginning as described above; thence N. 1 deg OS' 14" W. 120.92 feet; thence N. 88 deg 54' 46" E. 4.71 feet; thence N. 1 deg 05' 14" W. 68.07 feet; thence S. 88 deg 54' 46" W. 32.00 feet: thence S. 1 deg 05' 14" E. 163.86 feet; thence S. 43 deg 54' 46" W. 35.43 feet; thence N 88 deg 54' 46" E. 52.41 feet to the True Point of Beginning. PARCEL VIII All that air space bounded by planes projected vertically at the Parcel limits, and above the horizontal plane at the elevation 198.29 feet, according to the datum of the City of Cupertino (City of Cupertino Official Bench Marl< BM-l = EIev. 179.40), as reserved in the Grant Deed to Federated Department Stores, Inc., a Delaware Corporation, recorded September 14, 1976 In Book C280, Page 627, Official Records. Beginning at the True Point of Beginning as described above; thence N. 1 deg OS' 14" W. 120.92 feet; thence N. 86 deg 54' 46" E. 4.71 feet; thence N. 1 deg OS' 14" W. 32.67 feet; thence 5.88 deg 54' 46" W. 21.66 feet; thence S. 1 deg OS' 14" E. 40.42 feet; thence S. 86 deg 54' 46" W. 1.79 feet; thence S. 1 deg 05' 14" E. 29.24 feet; thence N. 66 deg 54' 46" E. 9.85 feet; thence S. 1 deg 05' 14" E. 40.97 feet; thence S. 66 deg 54' 46" w. 75.37 feet; thence N.l deg 05' 14"W. 26.80feet¡ thence S. 68 deg 54' 46" W.18.84feet; thence N. 1 deg 05' 14" W. 123.12 feet to a Point "A"; thence s. 88 deg 54' 46" W. 10.81 feet; thence S. 1 deg OS' 14" E. 123.12 feet; thence s. 68 deg 54' 46" W. 17.12 feet¡ thence S. 1 deg OS' 14" E. 10.86 feet; thence 5.86 deg 54' 46" W. 12.85 feet; thence S. 1 deg 05' 14" E. 8.27 feet; thence S. 88 deg 54' 46" W. 11.68 feet; thence S. 1 deg 05' 14" E. 51.06 feet; thence N. 88 deg 54' 46" E. 155.78 feet to the True Point of Beginning. PARCEL IX All that space bounded by Planes projected vertically at the Parcel limits and above the sloping plane which is at elevation 198.29 feet) at the Southerly Parcel Limit (the course N. 88 deg 54' 46" E. 10.81 feet) and at the elevation 196.00 feet at the Northerly Parcel Limit (the course S. 88 deg 54' 46" W. 10.81 feet), according to the datum of the City of Cupertino (City of Cupertino OffICial Bench Marl<BM-l = EIev. 179.40), as reserved in the Grant Deed to Federated Department Stores, Inc., a Delaware Corporation, recorded September 14, 1976 in Book C260, Page 627, Official Records. Beginning at Point "A" as described above; thence N. 1 deg 04' 14" W. 37.09 feet to a Point "B": thence S. 66 deg 54' 46" W. 10.81 feet; South S. 1 deg 04' 14" E. 37.09 feet; thence N. 88 deg 54' 46" E. 10.81 feet to said Point "A", being the Point of Beginning. ;1-1 to 8 ClTA PrelimIMf)' Report Form (11/17JIX) EXHIBIT "An (continued) TItle No. 05-98200087-A-MC Locate No. CACT17743·7743·2982-()098200087 PARCEL X All that space bounded by planes projected vertically at the Parcel limits, and above the horizontal plane at elevation 196.00 feet, according to the datum of the City of Cupertino (City of Cupertino Official Bench Mark 6M-1 Elev. 179.40) as reserved in the Grant Deed to Federa!:ed Department Stores, Inc., a Delaware Corporation, recorded September 14, 1976 in Book C 280, Page 627, Official Records. Beginning at Point "6" as described above; thence N. 1 deg OS' 14" W. 32.76 feet; thence S. 88 deg 54' 46" W. 15.12 feet; thence S. 43 deg 54' 46" W. 10.91 feet; thence S. 1 deg OS' 14" E. 12.58 feet; thence S. 46 deg 05' 14" E. 17.00 feet; thence N. 88 deg 54' 46" E. 10.81 feet to said Point "B", being the Point of Beginning. Parcel XI The reciprocal and non-exclusive easements, rights, privileges of use, Ingress and egress, parking and for utility and other purposes created and granted as an appurtenance to said land, described in that certain Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Sears, Roebuck and Co. and Federated Department StDres, Inc., dated as of the 19th day of February 1975, Recorded the 7th day of March, 1975 in Book 6309, Page 1, Official Records, Santa Clara County, as amended by (1) First Amendment to Construction, Operation and Reciprocal Easement Agreement Dated as of the 1st day of August., 1975 Recorded August 29, 1975 in Book 6591 at Page 434 of said OfFICial Records; (2) Second Amendment to a Restatement of Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears Roebuck and Co., Inc., and J. C. Penney Properties, Inc., dated as to the 1st day of December, 1975 Recorded September 14, 1976 Book C280 Official Records, Page 296 in said Official Records as Amended by Third Amendment to Reciprocal Easement Agreement Dated September 14, 1976, Recorded June 24, 1977 Rle No. 5698586; (3) the unrecorded agreement dated as of the 19th day of February 1975, between Vallco Fashion Park Venture and Sears, Roebuck and Co., the unrecorded Agreement of the same date between Vallco Fashion Park Venture and Federated Department Stores, Inc. and the unrecorded Agreement dated as of March 1, 1976 between Vallco Fashion Park Venture and J. e. Penney Properties, Inc. and (4) the undated Agreement and Consent and Approval executed by Vallco Park, LTD.,Vallco Fashion Park Venture, Federated Department Stores, Inc. and Sears, Roebuck and Co. Recorded in aforesaid Official Records in Book 6309, Page 241 as amended by a First Amendment and Consent and Approval Dated August 1, 1975, by and among the same parties Recorded in the aforesaid Official Records in Book 6591, Page 445 as further amended by another Agreement and Consent and Approval Dated as of December 1, 1975, by and among Valleo Center, Inc., Vallco Park Ltd., Federated Department Stores, Inc., Sears, Roebuck and Co. and J.e. Penney Properties, Inc., Recorded September 14, 1976 600k C280 OffIcial Records, Page 484, as amended by Agreement and Consent and Approval Dated September 14, 1976 Recorded June 24, 1977 in Book C946 Page 001 and as amended by (5) Fourth Amendment to Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co. and J. C. Penney Properties, Inc. Dated May 1, 1979, Recorded October 15, 1980 In Book F656 Official Records, Page 203, and as amended by (6) Fifth Amendment to Construction, Operation and Reciprocal Easement Agreement between Valleo Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penney Properties, Inc., Dated February 15, 1984 and Recorded February 16, 1984 in Book. 1310 of OffIcial Records, Page 001 (said Construction, Operation and Reciprocal Easement Agreement, as åmended, said Agreements as Amended and said Original Agreement and Consent and Approval, as amended are hereinafter referred to collectively as "Construction, Operation and Reciprocal Easement Agreement", In, on, over, upon and underœrtaln adjoining real property therein, more particularly described, together with all of the rights, powers and privileges and benefits under said Construction, Operation and Reciprocal Easement Agreement, accruing to Vallco Fashion Park Venture, Vallco Park, Ltd., and Valleo Center; Inc., their successors, legal representatives and assigns. Excepting therefrom said rights, powers, privileges and benefits which are not real property or interest in real property. Parcel XU Portion of Parcel 3, as shown on the Parcel Map Recorded June 18, 1973, Book 325 of Maps, Page 12, Santa Clara County Records, described as follows: Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map, Recorded in Book 325 of Maps, at Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence along said monument line of Vallco Parkway, N. 88 deg. 54' 46" E. 85.00 feet; thence S. 1 deg. 05' 14" E. 55.00 feet to the Southerly right-of-way line of Valleo Parkway; thence along said line N. 88 deg. 54' 46" E. 600.12 feet to the true point of beginning; thence leaving said line S. 1 deg. 05' (Y- 11- 9 CLTA PrelimlNlry Report Form (11/17/O1) EXHIBIT "An (continued) Tille No. 05-98200087-A-MC locate No. CACT17743-7743-2982-0098200087 14" E. 306.00 feet; thence N. 88 deg. 54' 46" E. 214.88 feet; thence N. 1 deg. OS' 14" W. 304.16 feet to said Southerly line; thence along a non-tangent curve to the right whose radius point bears S. 3 deg. 20' 48" W. having a radius of 575.00 feet, through a central angle of 4 deg. 35' OS", an arc length of 46.02 feet; thence S. 88 deg. 54' 46" W. 168.91 feet to the true point of beginning. PARCEL xm A perpetual and exclusive easement to construct, maintain, repair, replace, reconstruct and to use buildings, structures and improvements above a plane 15 feet above the highest point of the traveled surface of Valleo Parkway, crossing Vallco Parkway, a dedicated public street over a strip of land 20 feet wide, the center line of which Is described as follows: Beginning at the monument at the centertine of Wolfe Road and Vallco Parkway, as shown on that certain Parcel Map, Recorded in Book 325 of Maps, at Page 12, Santa Clara County Records; Thence Easterly along the centerline of Vallco Parkway as shown on said Parcel Map, N. 88 deg. 54' 46" E. 314.06 feet; Thence at right angles S. 1 deg. 05' 14" E., 55.00 feet to the true point of beginning. Thence N. 1 deg. 05' 14" W. 110.00 feet. The Northerly terminus being the Northerly right-of-way line of Vallco Parkway and the Southerly terminus being the Southerly right-of-way line of Vallco Parkway. Parcel XlV Portion of that parcel of land also known as the Sears Tract, said parcel as described in Book 8073 of OffICial Records, at Page 372, in the Office Œ the Recorder of the County of Santa Clara, State of California and as described in the Memorandum of Ground Lease Recorded September 27, 1988 in Book K695 Page 277, Official Records, being more particularly described as follows: Commencing at the intersection of the monument line of Vallco Parkway and the monument line Œ Wolfe Road as shown on that certain Parcel Map filed in Book 325 of Maps, at Page 12, in the Office of the Recorder of the County of Santa Clara, State of California; . Thence Westerly from the point of beginning, along the Westerly prolongation of the monument line of said Valleo Parkway, South 88 deg. 54' 46" West for a distance of 54.00 feet to the Northeast corner of that certain parcel of land known as the Sears Tract as said parcel of land Is descrtbed in Book 8073 of OffICial Records, at Page 372 in the Office of the Recorder of the County of Santa Oara, State of California being also the Northeast comer of that certain Grant of Easement for Public Street Purposes as filed in Book 6366 of Official Records, at Page 393 in the Office of the Recorder of the County of Santa Clara, State of California. Thence Westerly, continuing along the said Westerly prolongation of the monument line ofVal1co Parkway and along the North line of said Grant of Easement for Public Street Purposes, South 88 deg. 54' 46" West for a distance of 20.03 feet to a point that Is the Northwest comer of said Grant of Easement, said point also being the true point of beginning for this description; Thence continuing Westerly from the true point of beginning, South 88 deg. 54' 46" West for a distance of 764.08 feet to a point, said point being distant North 88 deg. 54' 46" East a distance of 63.00 feet from the Northwest corner of said Sears Tract; Thence Southerly along a line that Is 63.00 feet Easterly and parallel with the line common to Tract No. 2086 as shown on the Map flied in Book 112 of Maps, at Pages 40 and 41 In the Office of the Recorder of County of Santa Clara, State of California and the Westerly line of said Sears Tract, South 0 deg. 42' 30" East for a distance of 243.45 feet; Thence, Easterly, North 89 deg. 35' 34" East for a distance of 774.17 feet to a point on the Westerly line of the aforesaid grant of easement for Public Street Purposes; Thence Northerly, along the said Westerly line of the Grant of Easement for Public Street Purposes, North 2 deg. 59' 50" West for a distance of 252.77 feet to the True Point of Beginning. d~Iß 10 CLTA Prelimifal'y ReI)Ol't Form (1l/17/M) EXHIBIT "An (continued) Tl1:Ie No. OS-9S200087-A-MC Locate No. CACT17743-7743-2982-0098200087 Excepting therefrom an easement in favor of Sears Roebuck & Company ("Lessor") to continue in existence and to maintain the roof overhang protruding from lessor's adjacent store building into and over the subject. Including the exclusive easement for improvements on the subject premises to abut against and be appropriately affIXed to improvements on lessor's land adjacent to the subject premises. Parcel Y0J All that portion of the lower level of the main Sears Store Building, as said building existed on August 26, 1988, containing 33,027 sq. feet, more particularly delineated on Exhibit A-I attached to the Memorandum of Lower Level Lease Recorded September 27, 1988 in Book K695 Page 282, Official Records. said leased area being part of the main Sears Store Building located on the following described parcel of land: A portioh of the Quito Rancho, and being a portion of the 39.39 acre tract of land described in the Deed to Valleo Park, Ltd., Recorded October 19, 1967 In Book 7898 Official Records, Page 248, santa Clara County Records, and described as follows: Commencing at the Intersection of the Monument Une of Stevens Creek Boulevard being 45 feet Southerly from the Northerly line the~ with the center line of Wolfe Road, 108 feet wide; thence N. 1 deg. 5' 14" W. along said center line of Wolfe Road, 106.37 feet; thence S. 88 deg. 54' 46" W., 54 feet to the Westerly line of Wolfe Road at the Northerly terminus of curve having a radius of 60 feet, and the actual point of beginning; thence N. 1 deg. 5' 14" W. along the Westerly line of Wolfe Road, 819.02 feet; thence S. 88 deg. 54' 40" W., 847.26 feet to an Easterly line of Tract No. 2086, Map filed In Book 112 of Maps, Page 40; thence S. 0 deg. 42' 55" E., along said Easterly line and its Southerly prolongation 869.53 feet to the Northerly line of Stevens Cræk Boulevard, being 45 feet Northerly of the Monument Une thereof; thence N. 89 deg. 36' E. along said Northerly line, 792.24 feet; thence along the arc of a curve to the left: having a radius of 60 feet; thence an angle of 90 deg. 41' 14" an arc distance of 94.96 feet to the actual point of beginning. Excepting any portion thereof conveyed or dedicated to the City of Cupertino for Public Street and Road way purposes. Parcel XVI: An easement to construct, maintain, use and operate an automobile parking structure for automobile and other vehicle parking, and rights of access, ingress and egress for automobiles and other vehicles and for pedestrians and for utilities, landscaping and incidental uses on the following described land: All that certain parcel of land, being a portion of Parcel IA of the sublease between Vallco Fashion Park Venture and Federated Department Stores, Inc., Recorded March 7, 1975 in Book B308 at Page 565 through 571, santa Clara County Records, State of California and more particularly described as follows: Beginning at the Southeast corner otTract 2086 as shown on that certain Map Recorded in Book 112 of Maps, at Pages 40 and 41, santa Clara County Records; (1) thence Northwesterly along the Easterly line of said Tract North 0 deg. 43' West 742.60 feet to a point, said point being the southwest comer of the aforementioned Parcel IA; (2) thence Northeasterly leaving saki Easterly line of said Tract, along the Southerly boundary of the aforementioned Parcel IA North 88 deg. 54' 46" East 69.00 feet to the True Point of Beginning; (3) thence continuing along said Southerly line of Parcel IA South 88 deg. 54' 46" East 230.55 feet; (4) thence North 1 deg. 05' 14" West 83.48 feet; (5) thence North 28 deg. 54' 46" East 12.77 feet; (6) thence Southwesterly, leaving the boundary line of the aforementioned Parcel IA, South 88 deg. 54' 46" West 263.31 feet; (7) thence South 0 deg. 42' 30" East 94.54 feet to the Point of Beginning. Parcel I-A: Beginning at the most Southeasterly comer of Tract No. 2860 as shown on that certain Map recorded in Book 138 of Maps, Pages 22 and 23, santa Clara County Records; thence along the Easterly line of said Tract, N. 0 deg. 17' 20" W., 340.30 feet; thence leaving said Easterly line N. 88 deg. 54' 46" E. 115.61 feet to a point in the general Northeasterly line of that certain Parcel of Land described as Parcel One in that certain Deed recorded in Book 7898 of Official Records, Page 248, santa Clara County Records; thence along said general Northeasterly line the following courses; thence S. 43 deg. 49' 16" E., 99.23 feet; thence S. 11 deg. 33' 10" E., 245.25 feet; thence along a tangent curve to the left:, having a radius of 400.02 feet (400.00 feet per said Deed), through a central angle of 31 deg. 44' 37", an arc length of 221.62 feet (221.61 feet per said Deed); thence 5. 43 deg. 17' 47" E. 260.69 feet (S. 43 deg. 16' 31" E. 260.67 feet per said Deed); thence in a Southerly direction along a non-tangent curve (tangent curve per said Deed) having a radius of 147.01 feet , ~-A 11 ClTA Preliminary Report Farm (11/17/04) EXHIBIT "A" (conUnued) Trtle No. 05·9S200087-A-MC locate No. CACTI7743-7743·2982-0098200087 (147.00 feet per said Deed, concave to the Southwest, whose center bears S. 46 deg. 40' 52" W., through a central angle of 26 deg. 09' 48", an arc length of 67.13 feet; thence leaving said general Northeasterly line S. 88 deg. 54' 46" W. 222.25 feet; thence S. 1 deg. OS' 14" E. 378.00 feet: thence N. 88 deg. 54' 46" E., 16.22 feet; thence S. 46 deg. OS' 14" E., 106.07 feet: thence S. 1 deg. 0:;' 14" E., 215.11 feet: thence s. 88 deg. 54' 46" W., 29.29 feet; thence S. 43 deg. 54' 46" W. 150.58 feet; thence S. 1 deg. 05' 14" E. 29.43 feet: thence S. 88 deg. 54' 46" W., 115.55 feet; thence N. 1 deg. 05' 14" w. 23.23 feet; thence s. 88 deg. 54' 46" W., 86.48 feet; thence S. 2B deg. 54' 46" W. 95.50 feet; thence S. 1 deg. OS' 14" E., 83.48 feet; thence S. 88 deg. 54' 46" W. 299.55 feet to a point in the general Easterly line of Tract No. 2086 as shown on that certain Map recorded in Book 112 of Maps, Pages 40 and 41, Santa Clara County Records; thence along said general Easterly line, the following courses: thence N. 0 deg. 42' 30" W. (N. 0 deg. 43' W. per said Map), 157.45 feet; thence N. 89 deg. 13' 29" E., 298.99 feet (N. 89 deg. 12' 40" E., 299.06 feet per said Map): thence N. 0 deg. 04' 30" W., 1207.04 feet (N. 0 deg. 05' W., 1206.89 feet per said Map) to the most Northeasterly comer It said Tract; thence along the Northerly line of said tract N. 83 deg. 47' 30" W., (N. 83 deg. 48' W. per said Map) 42.44 feet to the Point of Beginning. (A) Excepting therefrom, during the term described in (C) below all buildings and improvements situated upon the real property described below which said buildings and Improvements shall constitute and remain real property, as excepted in the Deed from Valleo Fashion Park Venture, A PartneiShip and Vallco Center, Inc., a Corporation to Federated Department Stores, Inc., a Delaware Corporation, recorded September 14, 1976 in Book C280 Official Records Page 627, and more particularly described as follows: Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line It Wolfe Road as shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg. OS' 14" W. 445.65 feet: thence S. 88 deg. 54' 46" W. 100.32 feet to the True Point of Beginning; thence N. 1 deg. 05' 14" W. 120.92 feet: thence N. 88 deg. 54' 46" E., 4.71 feet: thence N. 1 deg. OS' 14" W., 134.50 feet: thence N. 46 deg. 05' 14" W. 41.85 feet: thence S. 88 !leg. 54' 46" W. 55.05 feet; thence S. 43 deg. 54' 46" W. 31.51 feet; thence S. 88 deg. 54' 46" W., 16.22 feet; thence S. 43 deg. 54' 46" W.I0.91 feet; thence 5.1 deg. 05' 14" E. 12.58 feet; thence S. 46 deg. 05' 14" E. 17.00 feet; thence S. 1 deg. 05' 14" E. 160.21 feet; thence S. 88 deg. 54' 46" W. 17.12 feet; thence S. 1 deg. OS' 14" E. 10.88 feet; thence 5.88 !leg. 54' 46" W. 12.85 feet; thence S. 1 deg. OS' 14" E. 8.27 feet; thence S. 88 deg. 54' 46" W., 11.68 feet; thence S. 1 deg. 05' 14" E. 51.06 feet; thence N. 88 deg. 54' 46" E. 155.78 feet to the True Point of Beginning. (8) Excepting from the property described in (A) above the Parcels described as 1, 2, 3 and 4 below: (1) All that air space bounded by planes projected vertically at the parcel limits, and below the horizontal plane at elevation 198.29 feet, according to the datum of the City of Cupertino (City of Cupertino Official Bench Mark BM-1-EIev. 179.40): Beginning at the True Point of Beginning as described above; thence N. 1 deg. OS' 14" W. 120.92 feet; thence N. 88 deg. 54' 46" E. 4.71 feet; thence N. 1 deg. OS' 14" W. 68.07 feet; thence S. 88 deg. 54' 46" W. 32.00 feet; thence S. 1 deg. 05' 14" E. 163.86 feet; thence S. 43 deg. 54' 46" W. 35.53 feet; thence N. 88 deg. 54' 46" E. 52.41 feet to the True Point of Beginning. (2) All the air space bounded by planes projected vertically at the parcel limits, and above the horizontal plane at elevation 198.29 feet, according to the datum of the City of Cupertino (City of Cupertino Official Bench Mark BM-l EIev. 179.40); Beginning at the True Point of Beginning as described above; thence N. 1 deg. 05'14" W. 120.92 feet thence N. 88 deg. 54' 46" E. 4.71 feet; thence N. 1 deg. OS' 14" 32.67 feet; thence S. 88 deg. 54' 46" W. 21.88 feet; thence S. 1 deg. OS' 14" E. 40.42 feet; thence S. 88 deg. 54' '46" W. 1.79 feet; thence S. 1 deg. 05' 14" E. 29.24 feet; thence N. 88 deg. 54' 46" E. 9.85 feet; thence S. 1 deg. OS' 14" E. 40.97 feet; thence s. 88 deg. 54' 46" W. 75.37 feet; thence N. 1 deg. OS' 14" W. 26.80 feet; thence S. 88 deg. 54' 46" W. 18.84 feet; thence N. 1 deg. 05' 14" W. 123.12 feet to Point "A"; thence 5. 88 deg. 54' 46" W. 10.81 feet; thence 5.1 deg. 05'14" E. 123.12 feet; thence 5. 88 deg. 54' 46" W. 17.12 feet; thence S. 1 deg. OS' 14" E. 10.88 feet; thence S. 88 deg. 54' 46" W. 12.85 feet; thence S. 1 deg. 05' 14" E. 8.27 feet; thence S. 88 deg. 54'46" W. 11.68 feet; thence S. 1 deg. 05' 14" E. 51.06 feet: thence N. 88 deg. 54' 46" E. 155.78 feet to the True Point of Beginning. (3) All that space bounded by planes projected vertically at the parcel limits, and above the sloping plane which is at Elevation 198.29 feet at the Southerly parcel limit (the course N. 88 deg. 54' 46" E. 10.81 feet) and at the elevation 196.00 feet at the Northerly parcel limit (the course S. 88 deg. 54' 46" W. 10.81 feet), according to the datum of the City of Cupertino (City of Cupertino Official Bench) Mark-BM-l EIev. 179.40): 12 d - dO CLTA Preliminlry Report Form 111/17/04) EXHIBIT "An (continued) TItle No. 05-98200087-A-MC locate No. CACTI7743-7743-29S2-D09S200087 Beginning at Point "A" as described above; thence N. 1 deg. 05' 14" W. 37.09 feet to Point "B"; thence S. 88 deg. 54' 46" W. 10.81 fæt; thence S. 1 deg. 05' 14" E. 37.09 fæt; thence N. 88 deg. 54' 46" E. 10.81 fæt to said Point "A", being the Point of Beginning. (4) All that space bounded by planes projected vertically at the parœllimits, and above the horizontal plane at elevation 196.00 feet, according to the datum of the City of Cupertino (City of Cupertino Official Bench Mark 8M-Hlev. 179.40): Beginning at Point "B" as described above; thence N. 1 deg. 05' 14" W. 32.76 fæt; thence 5.88 deg. 54' 46" W. 15.12 fæt; thence S. 43 deg. 54' 46" W. 10.91 fæt; thence S. 1 deg. 05' 14" E. 12.58 feet; thence 5.46 deg. 05' 14" E. 17.00 fæt; thence N. 88 deg. 54' 46" E. 10.81 fæt to said Point "B", being the Point of Beginning. (C) The exception described in (A) above is only for a tenn which tenninate upon the tennination of that certain Sub-Lease by and between Vallco Fashion Par1c Venture and Federated Department Stores, Inc., dated August 31, 1976, A Memorandum of which was recorded September 14, 1976 in Book C280 Official Records, Page 634, pursuant to the tenns thereof, at which time title to the real property granted herein shall revert to Vallco Fashion Par1c Venture, its successors, its successors in interest and assigns without further act of any party thereto or their successors, successors in interest or assigns. APN: 316-20-037, 316-20-038, 316-20-043, 316-20-052, 316-20-055, 316-20-057, 316-20-059, 316-20-063, 316-20-064, 316-20-065, 316-20-066, 316-20-067, 316-20-080, 316-20-081, 316-20-082 8-d\ 13 a.TA Prelininlry Report FoIm (11/17/04) TIde No. 05-98200087-A-MC Locate No. CACT17743-7743-2982~8200087 ATTHE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPT10NS TO COVERAGE INADDmON TO THE PRINTED EXCEPT10NS AND EXCLUSIONS IN SAID POUCY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fISCal year 2005-2006, Assessor's Parcel Number 316-2!HJ37. Code Area Number: 1st Installment: 2nd Installment: land: Improvements: Exemption: Personal Property: 2. Affects: 13 292 $57,755.16 Payable, but not yet due $57,755.16 Payable, but not yet due $10,037,159.00 $ Parcel ill 3. Supplemental a_ment for 2002-2003 Bill No.: 1st Installment: Must be paid by: 2nd Installment: Must be paid by: 4. Affects: 316-20-037-21 $25,349.62 Due and payable December 10, 2005 $25,349.62 Due and payable April 10, 2006 Parcel ill s. Property taxes, induding any personal property taxes a"nd any assessments collected with taxes, for the fiscal year 2005-2006, Assessor's Parcel Number 316-20-038. Code Area Number: 1st Installment: 2nd Installment: land: Improvements: Exemption: Personal Property: Affects: 13 292 $19,240.52 Payable, but not yet due $19,240.52 Payable, but not yet due $3,397,671.00 $ Parcel XII 6. Supplemental as....ment for 2002-2003 Bill No.: 1st Installment: Must be paid by: 2nd Installment: Must be paid by: 316-20-038-21 $8,406.71 Due and payable December 10, 2005 $8,406.71 Due and payable April 10, 2006 J -J. d... 14 CLTA Preliminery Report Form (11/17/04) ITEMS: (continued) Affects: 11IIe No. 05-98'100087 -A-MC Locate No. CACT17743-7743-2982-0098200087 Parœl XII 7. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006, Assessor's Parcel Number 316-20-043. Code Area Number: 1st Installment: 2nd Installment: land: Improvements: Exemption: Personal Property: Affects: 13 292 $1,128.50 Payable, but not yet due $1,128.50 Payable, but not yet due $176,636.00 $ Parcel II-A 8. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006, Assessor's Parcel Number 316-20-052. Code Area Number: 1st Installment: 2nd Installment: land: Improvements: Exemption: Personal Property: Affects: 13 292 $9,848.12 Payable, but not yet due $9,848.12 Payable, but not yet due $1,361,146.00 $290,931.00 a portion of Parcel VI 9. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fISCal year 2005-2006, Assessor's Parcel Number 316-20-055. Code Area Number: 1st Installment: 2nd Installment: land: Improvements: Exemption: Personal Property: Affects: 13 292 $17,288.56 Payable, but not yet due $17,288.56 Payable, but not yet due $1,714,421.00 $280,540.00 a portion of Parcel I-C(l) ;;2 , ;) -S 15 CLTA Prelmlnary R~rt Form (11/17/04) ITEMS: (continued) 1iUe No. 05-98200087 ·A·MC locate No. CACTI7743-7743-2982-0098200087 10. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fISCal year 2005-2006, Assessor's Parcel Number 316-20-OS7. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: Affects: 13 292 $2,362.60 Payable, but not yet due $2,362.60 Payable, but not yet due $374,055.00 $20,780.00 Parcel I-c(2) 11. Supplemental assessment for 2002-2003 Bill No.: 1st Installment: Must be paid by: 2nd Installment: Must be paid by: Affects: 316-20-057-21 $1,045.94 Due and payable December 10, 2005 $1,045.94 Due and payable April 10, 2006 Parcel I-e(2) 12. Property taxes, induding any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006, Assessor's Parcel Number 316-20-059. Code Area Number: 1st Installment: 2nd Installment: . Land: Improvements: Exemption: Personal Property: Affects: 13 292 $1,375.16 Payable, but not yet due $1,375.16 Payable, but not yet due $ $ a portion of Parcel I-C( 1) 13. Property I:8xes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006, Assessor's Parcel Number 316-20-063. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: 13 292 $83,365.71 Payable, but not yet due $83,365.71 Payable, but not yet due $8,520,155.00 $4,415,933.00 d~JL¡ 16 Q.TA Prelininlry Report Form (11/17/04) ITEMS: (continued) Affects: TItle No. OS-9S200087-A-MC locate No. CAcn7743-7743-2982-0098200087 a portiOn of Parcel VI 14. Supplemental a_ment for 2002-2003 Bill No.: 1st Installment: Must be paid by: 2nd Installment: Must be paid by: Affects: 316-20-063-21 $3,976.04 Due and payable December 10, 2005 $3,976.04 Due and payable April 10, 2006 a portion of Parcel VI 15. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006, Assessor's Parcel Number 316-20-064. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: EXemption: Personal Property: Affects: 13 292 $83,859.24 Payable, but not yet due $83,859.24 Payable, but not yet due $4,922,115.00 $9,128,099.00 Parcel I-A 16. Supplemental a_ment for 2002-2003 Bill No.: 1st Installment: Must be paid by: 2nd Installment: Must be paid by: Affects: 316-20-064-21 $3,490.58 Due and payable December 10, 2005 $3,490.58 Due and payable April 10, 2006 Parcel I-A 17. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006, Assessor's Parcel Number 316-20-065. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: EXemption: Personal Property: 13 292 $950.21 Payable, but not yet due $950.21 Payable, but not yet due $135,075.00 $10,389.00 ;)- ;;)S 17 CLTA Preliminary Report Form (11/17/04) ITEMS: (continued) Affects: 1itie No. OS-9S200087-A-MC Locate No. CAcn7743-7743-2982-0098200087 a portion of Parcel 1-e(1) 18. Supplementalllssessment for 2002-2003 Bill No.: 1st Installment: Must be paid by: 2nd Installment: Must be paid by: Affects: 316-20-065-21 $219.62 Due and payable December 10, 2005 $219.62 Due and payable April 10, 2006 portion of Parcel I-e(l) 19. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006, Assessor's Parcel Number 316-20-066. Code Area Number: 1st Installment: 2nd Installment: land: Improvements: Exemption: Personal Property: Affects: 13 292 $16,644.38 Payable, but not yet due $16,644.38 Payable, but not yet due $1,361,146.00 $1,537,783.00 a portion of Parcels I-C(I) and VIll, and Parcels IX and X 20. Supplementalll_ment for 2002-2003 Bill No.: 1st Installment: Must be paid by: 2nd Installment: Must be paid by: Affects: 316-20-066-21 $536.71 Due and payable December 10, 2005 $536.71 Due and payable April 10, 2006 a portion of Parcels I-C(I) and VUI, and Parcels IX and X 21. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006, Assessor's Parcel Number 316-20-067. Code Area Number: 1st Installment: 2nd Installment: land: Improvements: Exemption: Personal Property: 13 292 $159,283.88 Payable, but not yet due $159,283.88 Payable, but not yet due $10,421,605.00 $8,914,991.00 ,;J - d.l¡;J 18 ClTA "'-Imina,>, Report Fonn (11/17/04) ITEMS: (continued) Affects: ~tieNo.0~98200087-A-MC Locale No. CAcn7743-7743-2982-0098200087 a portion of Parcel I-c(l) and Parcel VIT and a portion of Parcel VITI 22. Property taxes, including any personal property taxes and any assessments collected with taxes, fer the fiscal year 2005-2006, Assessor's Parcel Number 316-20-OS0. COde Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: Affects: 13 292 $78,416.61 Payable, but not yet due $78,416.61 Payable, but not yet due $2,232,303.00 $7,680,987.00 $3,012,692.00 a portion of Parcel 'IN 23. Property taxes, Including any personal property taxes and any assessments collected with taxes, for the fISCal year 2005-2006, Assessor's Parcel Number 316-20-OS1. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: Affects: 13 292 $64,168.49 Payable, but not yet due $64,168.49 Payable, but not yet due $6,379,725.00 $4,758,818.00 Parcel XN 24. Supplementale_mentfer 2002-2003 Bill No.: 1st Installment: Must be paid by: 2nd Installment: Must be paid by: Affects: 316-20-OS1-21 $10,689.13 Due and payable December 10, 2005 $10,689.13 Due and payable April 10, 2006 Parcel XN ;)- dT- 19 CLTA Preliminary Report Fonn (11/17fO'1) ITEMS: (continued) Titie No. OS·98200087-A-MC Locate No. CACT17743-7743-2982-0098200087 25. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fISCal year 2005-2006, Assessor's Parcel Number 316-20-082. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: 13 292 $3,675.08 Payable, but not yet due $3,675.08 Payable, but not yet due $1,123.00 $614,081.00 Affects: a portion of Parcel YN 26. The lien of supplemental taxes, if any, assessed pursuant tD the provisions of Chapter 3.5 (Commenång with Section 75) of the Revenue and Taxation code of the State of California. 27. The fact that the ownership of said land does not include rights of access tD or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded : Affects: February 1, 1963, Book 5889, Page 328, of Official Records Access tD the Junipero Serra Freeway 28. The fact that the ownership of said land does not include rights of access tD or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded : Affects: October 17, 1963, Book 6236, Page 8, of Offidal Records Arxess tD the Junipero Serra Freeway 29. The fact that the ownership of said land does not include rights of access tD or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded : Affects: January 30, 1964, Book 6367, Page 137, of OffICial Records Access tD the Junipero Serra Freeway 30. Enement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted tD: Purpose: Recorded: Affects: City of Cupertino Public Utilities December 10, 1964, Book 6774, Page 471, of Official Records A portion of Parcels V-D and VI d'd8 20 ClTA Preliminary Report Form {11/17/M} ITEMS: (continued) Title No. OS-9S200087-A-MC Locate No. CAcm743-7743-2982-0098200087 31. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded : Affects: City of Cupertino Public Utilities December 7, 1966, Book 7582, Page 612, of OffICial Records Strip of land 12 feet wide located on portion of Parcel V-D and 1.00 foot portion of Parcel ill 32. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: City of Cupertino Public Utilities December 7, 1966, Book 7582, Page 613, of Official Records Strip of land located on portion of Parcels I-A, I-eel), I-e(2), V-A and V-D A portion of said easement was vacated by a Resolution No. 3888, by the City of Cupertino, recorded April 11, 1975 in Book B358 Page In, Official Records. 33. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded : Affects: Pacific Gas and Electric Company, a California corporation Underground and aboveground fadlities and appurtenances thereto March 1, 1973, Book 0259, Page 406, of OffICial Records A strip of land 10 feet wide located on portion of Parcel V-D 34. Possible future freeway widening along the Northerly portion of Parcel VI, as shown on the Parcel Map recorded June 19, 1973 in Book 325 of Maps, Page 12. 35. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company Underground and aboveground fadlities and appurtenances thereto January 28, 1974, Book 0741, Page 89, of Official Records The Northerly 7.00 feet of Parcels ill and XII Purpose: Recorded : Affects: 36. Mlltters contained in that certain document entitled "(not disclosed)" dated October 8, 1974, executed by and between City of Cupertino and Vallco Park Ltd., A California Umited Partnership recorded October 17, 1974, Book B135, Page 370, of Official Records, which document, among other things, contains or provides for: Perpetual and exclusive easements as described in said instrument. Reference is hereby made to said document for full particulars. J'd'1 21 CLTA Prelininery Report Farm (11/17/04) ITEMS: (continued) Title No. 05-982D0087-A-MC Locate No. CAcn7743·774H9S2-009S200087 Supplement to Agreement, dated August S, 1975 and executed by the parties shown above, recorded August 20, 1975 in Book B571 Page 724, Official Records. Second Amendment to Agreement, dated March 1, 1976 and executed by the parties shown above, recorded September 14, 1976 in Book C280 Page 236, OffICial Records. Third Amendment to Agreement, dated October 7, 1991 and executed by the parties shown above, recorded July 24, 1992 in Book M297 Page 1860, Official Records. An Assignment and Assumption of Development Agreement and Easement Executed By: Westland Properties Inc., a Delaware corporation, and Westland Shopping Center LP., a Califomia Limited Partnership In favor of: Vallco L.L.C., a Delaware limited liability company and Vallco Land L.L.c., a Delaware limited liability company Recorded: April 27, 1995 in Book N833 at Page 516 Official Records 37. Matters contained in that certain document entitled "(not disclosed)" dated November 26, 1974, executed by and between Vallco Park Ltd. and Frank L. Bishop, et ux recorded January 30, 1975, Book B262, Page 618, of Official Records, which document, among other things, contains or provides fer: An easement for maintaining and using a yard and garden and related landscaping. . Reference is hereby made to said document for full particulars. Affects: Portion of Parcel I-A 38. Matters contained in that certain document entitled "(not disclosed)" dated November 26, 1974, executed by and between Vallco Park, Ltd., and Chester L. Bottenfield, et we recorded January 30, 1974, Book B262, Page 622, of Official Records, which document, among other things, contains or provides for: An easement for maintaining and using a yard and garden and related landscaping. Reference is hereby made to said document for full particulars. Affects: Portion of Parcel I-A 39. Matters contained in that certain document entitled "(not disclosed)" dated November 26, 1974, executed by and between Vallco Park, Ltd. and Raymond A. Gustafson, et ux recorded January 30, 1975, Book B262, Page 627, of Official Records, which document, among other things, contains or provides for: An easement for maintaining and using a yard and garden and related landscaping. Reference is hereby made to said document for full particulars. Affects: Portion of Parcel I-A ;)~~ 22 a.TA Preliminary Report Form {1l/17/M} ITEMS: (continued) Title No. OS-9S200087·A-MC Locate No. CAŒ774H74H982-Q098200087 40. Matte... contained in that certain document entitled "(not disclosed)" dated November 26, 1974, executed by and between Vallco Park, Ltd. and Jerry L. Shumate, et ux recorded January 30, 1975, Book 8262, Page 631, of OffICial Records, which document, among other things, contains or provides for: An easement for maintaining and using a yard and garden and related landscaping. Reference is hereby made to said document for full particulars. Affects: Portion of Parcel I-A 41. Matte... contained in that certain document entitled "(not disclosed)" dated November 26, 1974, executed by and between Vallco Park, Ltd. and Allan A. Middlebrook, et ux recorded January 30, 1975, Book 8262, Page 635, of OffIcial Records, which document, among other things, contains or provides for: An easement for maintaining and using a yard and garden and related landscaping. Reference is hereby made to said document for full particulars. Affects: Portion of Parcel I-C(2) 42. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded : Memorandum of Sub-Lease Vallco Fashion Park Venture, A Çalifomia Partnership Federated Department Stores, Inc., a Delaware Corporation March 7, 1975, Book 6308, Page 565, of Official Records d'~\ 23 CLTA Preliminary Report Form (11117/04) ITEMS: (conllnued) TItle No. OS-98200087-A-MC Locate No. CACrI7743-7743·2982·0098200087 Second Amendment to Ground Sublease and to Memorandum of Sublease Executed By: Vallea Fashion Park Venture, A Partnership and Federated Department Stores, Inc. Dated: February 19, 1975 Recorded: September 14, 1976 in Book Cl80 at Page 264 OffIcial Records Assignment and Assumption Agreement Executed By: Federated Department Stores, Inc., a California Corporation To: Carter Hawley Hale Stores, Inc., a California Corporation Dated: February 15, 1984 Recorded: February 16, 1984 in Book 1309 at Page 741 Official Records Assignment of Lease Executed by: Carter Hawley Hale Stores, Inc., a California Corporation To: Carter Hawley Hale Stores, Inc., a Delaware corporation Dated: July 26, 1984 Recorded: September 4, 1984 In Book 1850 at Page 4 Official Records Amendment to Ground Sublease Executed By: Carter Hawley Hale Stores, Inc. and Vallco Fashion Park Venture, A California Partnership Dated: February 22, 1985 Recorded: March 1, 1985 in Book J283 at Page 149 Official Records Attornment Amendment Executed By: Westland Properties, Inc., a Delaware Corporation and Carter Hawley Hale Stores, Inc., a Delaware Corporation Dated: August 26, 1987 Recorded: August 28, 1987 in Book K276 at Page 839 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Assignment of the lessee's interest under said lease, Assignor: Assignee: Recorded : Broadway Stores, Inc., a Delaware Corporation (formerly named Carter Hawley Hale Stores, Inc.), successor by various mesne mergers to Carter Hawley Hale Stores, Inc., a California Corporation, Broadway-Hale Stores, Inc., The Emporium Capwell Company and Broadway Department Stores, Inc. Federated Western Properties, Inc., an Ohio corporation February 19, 1999, Instrument No. 14661411, of Official Records ;)~ 3~ 24 ClTA Preliminary Report Form (11/17/O'J) ITEMS: (continued) litle No. OS-9S2000S7-A-MC Locate No. CACTI7743-7743-2982-0098200087 43. Rights of all parties to the following agreements, other that Vallco Fashion Park Venture, Vallco Park, Ltd. and Vallco Center, Inc. and their respective successors and assigns under Construction Operation and Reciprocal Easement Agreement (1) Second Amendment to a Restatement of Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penney Properties, Inc., dated as to the 1st Day of December, 1975 recorded September 14, 1976, Book C280 Official Records, Page 296 in said OffICial Records as amended by Third Amendment to Reciprocal Easement Agreement dated September 14, 1976 recorded June 24, 1977 File No. 5698586; (2) the unrecorded Agreement dated as of the 19th Day of February, 1975, between Valico Fashion Park Venture and Sears, Roebuck and Co., the unrecorded Agreement of the same dated between Vallco Fashion Park Venture and Federated Department Stores, Inc., and the unrecorded Agreement dated as of March 1, 1976 between Valico Fashion Park Venture and J.C. Penney Properties, Inc., and (3) the Undated Agreement and Consent and Approval executed by Valico Park, Ltd., Vallco Fashion Park Venture, Federated Department Stores, Inc. and Sears, Roebuck and Co. recorded in the aforesaid OffICial Records in Book 8309, Page 001 as amended by a Rrst Amendment to Agreement and Consent and Approval dated August 1, 1975, by and among the same parties recorded in the aforesaid OffICial Records in Book 8591, Page 445 as further amended by another Agreement and Consent and Approval dated as of December I, 1975, by and among Vallco Center, Inc., Vallco Park Ltd., Federated Department Stores, Inc., Sears, Roebuck and Co. and J. C. Penney Properties, Inc., recorded September 14, 1976 Book C280 Official Records, Page 484, as arnended by Agreement and Consent and Approval dated September 14, 1976 recorded June 24, 1977 in Book C946 Page 001 and as amended by (4) Fourth Agreement to Construction, Operation and Reciprocal Easement Agreement between Valico Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penney Properties, dated May I, 1979, recorded October IS, 1980 In Book F656 OffIcIal Records, Page 203, and as amended by (5) Fifth Amendment to Construction, Operation and Reciprocal Easement Agreement between Valico Fashion Park Venture, Federated Department Stores, Inc., Sears Roebuck and Co., and J. C. Penney Properties, dated February 16, 1984 in Book 1310 of Official Records, Page 001; an Assignment and Assumption thereto. by and among Westland Shopping Center LP., and Valleo LLC., recorded April 27, 1995 in Book N833, page 0492 of Official Records. ASSIGNMENT AND ASSUMPTION OF REA Executed by: Teachers Insurance and Annuity Association of America, a New York Corporation and Vallco International Shopping Center, LLC, A California Umited Uability Company, The E&H fifth Family LP., A California Umited Parblership, Sun Valley Property, LLC, A California Umited UabllityCompany, Dung Pham, an individual, and East Gate Properties, ltC, A California Umited Liability Company Recorded: June 12, 2003 as Instrument No. 17106188 of Official Records 44. Easernent(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: California Water Service Company Pipe line and appurtenances thereto March 13, 1975, Book 8316, Page 711, of OffICial Records Portion of Parcel I-A and I-C(I) ;};3?:> 25 ClTA. PrelirniM'Y ~rt FoIm (11/17/04) ITEMS: (continued) Title No. OS-9S2000S7-A-MC Locate No. CACTI7743-7743-2982-0098200087 45. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: Califomia Water Service Company Pipe line and appurtenances March 21, 1975, Book B328, Page 575, of Official Records Portion of Parcel I-A and I-C(l) 46. Easement(s) for the purpose{s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: Califomia Water Service Company Pipe line and appurtenances thereto April 30, 1975, Book B385, Page 582, of Official Records Portion of Parcel I-A and I-c(I) By Quitclaim Deed recorded January 15, 1986 in Book J576, Page 518 of Official Records, a portion of the above easement has been eliminated. 47. Easement(s) for the purpose(s) shown below and rights inådental thereto as granted in a document. Granted to: Purpose: Recorded : Affects: California Water Service Company Pipe line and appurtenances thereto June 2, 1975, Book B440, Page 668, of Official Records Parcel XI 48. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded : Affects: Pacific Gas and Electric Company Underground and aboveground facilities and appurtenances June 11, 1975, Book 8456, Page 557, of Official Records Parcel XI 49. Matters contained In that certain document entitled "Encroachment Permit Granting Permission to construct the Perimeter Road Undercrosslng" dated June 2, 1975, executed by and between City of Cupertino and Vallee Park, Ltd., A Umited Partnership recorded June 26,1975, Book 8484, Page 142, of Official Records. Reference is hereby made to said document for full particulars. Affects: Parcel V-D d-3t- 26 Q.TA Preliminary Report FomI (11/17104) ITEMS: (continued) Title No. OS·98200087·A·MC Locate No. CACTl7743-7743·2982-0098200087 Agreement for Re-ACQuisition of Rights Executed By: City of Cupertino and Vallco Park, Ltd., A Umited Partnership Dated: August 13, 1975 Recorded: August 29, 1975 in Book 6591 at Page 393 Official Records Agreement for Quitclaim and Release of Rights, Title and Interest Executed By: City of Cupertino and Vallee Park, Ltd., A Umited Partnership Recorded: December 9, 1976 in Book C464 at Page 469 Official Records 50. Easement{s) for the purpose{s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: Cupertino sanitary District of santa Clara County Pipe lines and appurtenances thereto July 17, 1975, Book 6509, Page 199, of Official Records Portion of Parcels I-A, 1-<:(1) and XI Encroachment rights over said easement were granted to Vallee Park, Ltd., and T.G.I. Friday's, Inc., by an indenture recorded September 26, 1977 in Book DI64, Page 6. 51. E.sement{s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: The Pacific Telephone and Telegraph Company Underground and aboveground fadrlties and appurtenances thereto July 25, 1975, Book 6521, Page 653, of Official Records Portion of Parcels I-A and 1-C{l) 52. E.sement{s) for the purpose{s) shown below and rights incidental thereto as granted in a document. Granted to.: Purpose: Recorded : Affects: City of Cupertino Roadway purposes and all public utilities July 29, 1975, Book 6526, Page 74, of OffICial Records Portion of Parœll-<:(l) and VI 53. Easement(s) for the purpose{s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: Cupertino sanitary District of santa Clara County Pipe lines and appurtenances thereto March 24, 1976, Book 6933, Page 001, of Official Records Portion of Parcel VI :; ~s5 27 O-TA ""'Im"ary Report Form (11/17/0<> ITEMS: (contlnued) Title No. OS-98200087-A-MC Locate No. CACTI7743-7743-2982..Q098200087 54. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded : Affects: October 15, 1976, Book C348, Page 714, of OffIcial Records Access to Wolfe Road along the Westerty boundary of Parcel V-D 55. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded: Affects: October 15, 1976, Book 048, Page 723, of OffICial Records Access to Wolfe Road along the Easterly boundary of Parcel V-D and recorded: December 14, 1976, Book C473, Page 611, of OffICial Records 56. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded : Short Fonn lease Valleo Fashion Park Venture Franchise Realty Interstate Corporation, an Illinois Corporation December 18, 1976, Book C468, Page 207, of Official Records The rights of the above lessee, as lessee only, which rights do not indude any options to purchase or rights of first refusal to purchase all or any portion of the insured land. Non-Disturbance and Attornment Agreement Executed By: Vallco Park Ltd., A California Limited Partnership, Vallco Fashion Park Venture, A Partnership and Franchise Realty Dated: November 9,1976 Recorded: December 10, 1976 in Book C468 at Page 218 OffICial Records 57. Easement(a) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded : Affects: California Water Service Company Pipe Line August 16, 1977, Book 0077, Page 508, of Official Records Portion of Parcel VI 58. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded: Memorandum of Lease Vallco Fashion Park Venture T G I Friday's, Inc. March 2, 1978, Book D500, Page 145, of Official Records d-3~ 28 CLTA Preliminary Report Fonn (11/17/04) ITEMS: (continued) Trtfe No. OS-98200087-A-MC Locate No. CACTI7743-7743-2982-OO98200087 The rights of the above lessee, as lessee only, which rights do not include any options to purchase or rights of first refusal to purchase all or any portion of the Insured land. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 59. A Landlord's Waiver and/or Consent In favor of: Behr Leasing and Rnancial Recorded: July 28, 1981 In Book G239 at Page 556 OffIcIal Records 60. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Grcmted to: Purpose: Recorded: Affects: California Water Service Company Pipe line November 15, 1984, Book J038, Page 739, of Official Records Portion of Parcel I-A and I-e(l) 61. E..ment(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: California Water Service Company Pipe line November 15, 1984, Book J038, Page 743, of Official Records Portion of Parcel I-A and I-e(l) 62. Assignment and Consent to use of Development Rights Dated: January 21, 1986 By and Between: Vallco ParI<, Ltd., A California Umited Partnership; Will W. Lester and Hazel B. Lester, his wife; and Westland Projects, N.V., A Netherlands Antilles Corporation Recorded: January 21, 1986 in Book J580 at Page 470 of OffICial Records Instrument No.: 8660783 Affects: Parcels III and XII and other property Assignment of Development Rights Executed By: Westland Projects, N.V., A Netherlands Antilles Corporation Dated: June 30, 1987 Recorded: July 30, 1987 in Book K207 at Page 1502 OffIcial Records Instrument No.: 9334612 ;) - 31- 29 a.TA Preliminlry Report Form (11/17/c>-') ITEMS: (continued) Title No. 05-98200087 ·A·MC Locate No. CACTI7743-7743-2982-0098200087 63. Easement(s} for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: California Water Service Company, a California Corporation Right of way for pipeline July 27, 1987, Book K238, Page 1237, of Official Records A portion of Parcel I-A 64. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Recorded: Affects: California Water Service Company, a California Corporation The purpose of constructing, laying, maintaining, operating, using, altering, repairing, inspecting, and relocating therein and thereupon and/or removing therefrom a main, or mains, pipeline or pipelines, with any and all connections and fIXtures necessary or convenient thereto, for the transportation, distribution, sale and/or supply of water December 7, 1987, Book K381, Page 1282, of Official Records Portion of Parcel I-q1) Granted to: Purpose: 65. An unrecorded leIIse with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded : Memorandum of Ground Lease Sears, Roebuck &; Co. Westland Shopping Center, L.P. September 27, 1988, Book K695, Page 277, of OffICial Records Among other things said lease 'provides for: the right of first refusal to puchase by the Lessee. Assignment of the lessee's interest under said lease, Assignor: Assignee: Recorded : Westland Shopping Center, L.P., A California Limited Partnership Valleo L.L.C., a Delaware Limited Liability Company April 27, 1995, Instrument No. 12873385, of Official Records The Lessee's Interest in said lease was assigned by Trustee's Deed Dated: December 3, 1997 Executed By: First American Tille Insurance Company, a corporation, as Trustee To: Teachers Insurance and Annuity Association of America, a New York corporation Recorded: December 9, 1997 as Instrument No. 13969593, Official Records c?'~D 30 Q.TA PrelimiNlry Re:pcrt Form (11/17/04) .j.,....... . ITEMS: (continued) lltle No. 05-98200087 -A-MC Locate No. CAcn7743-7743-2982-00982000ß7 Assignment of the lessee's interest under said lease, Recorded: Teachers Insurance and Annuity Association of America, a New York corporation Vallco International Shopping Center, LtC, A California Umited Uability Company, The E&H Fifth Family L.P., A California Umited Partnership, Sun Valley Property, LtC, A California Umited Uability Company, Dung Pham, an individual, and East Gate Properties, LtC, A California Umited Uability Company, as tenants in common June 12, 2003, Instrument No. 17106184, of Official Records Assignor: Assignee: 66. Rights of Sears, Roebuck & Co. under the Lease, affecting the premises herein stated, executed by and between the parties named herein, for the tenn and upon the terms, covenants and conditions therein provided Dated: August 26, 1988 Lessor: Sears, Roebuck & Co. Lessee: Westland Shopping Center L.P. Disclosed By: Memorandum of Lower Level Lease Tenn: As provided for therein Recorded: September 27, 1988 in Book K695 at Page 282 of Official Records Instrument No.: 9849523 Affects : Parcel YN 67. A Landlord's Waiver and/or Consent In favor of: Enterprise Leasing Recorded: August 10, 1988 in Book K635 at Page 2000 OffICial Records 68. Any facts, rights, Interests, or dalms which may exist or arise by reason of the following facts disclosed by SUlvey, Job No. 68-203, dated October 25, 1988 prepared by Harrison, Teasley & Associates, Inc.: (A) The fact that the Sears Store Building encroaches onto Parcel XN of Schedule A by 0.09' at the Northwesterly comer and by 0.01' at the Northeasterly comer of said build. (B) The fact that a sound wall located at the Southwesterly portion of Parcel I-A encroaches onto the adjoining property lying to the North. (C) The fact that there exist a City Stonn Easement over a portion of Parcel VI herein described. 69. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded: Statement of Commencement of Lease Tenn Westland Shopping Center, L.P. Burger King Corporation April 14, 1989, Book K914, Page 1244, of OffICial Records :;)~ 3Cf 31 ClTA Preliminary Report Form (l1J17/04) ffiMS: (continued) Title No. OS-98200087-A-MC locate No. CACTI7743-7743-2982-0098200087 Assignment of the lessee's interest under said lease, Assignor: Assignee: Recorded: Burger King Corporation, a Florida corporation Sydran Food Services, L.P., A California Umited Partnership April 28, 1992, Book M161, Page 1136, of OffICial Records 70. An unrecorded sublease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Sublessor: Sublessee: Recorded: Memorandum of leasehold Improvements lease Burger King Corporation, a Florida corporation Sydran Food Services, L.P., A California Umited Partnership April 28, 1992, Book M161, Page 1146, of Official Records 71. Matters contained in that certain document entitled "Development Agreement" dated August 1S, 1991, executed by and between Westland Properties, Inc., a Delaware Corporation and Westland Shopping Center, L.P., A California Limited Partnership and the City of Cupertino, A Municipal Corporation recorded July 24, 1992, Book M297, Page 1979, of Official Records. Reference is hereby made to said document for full particulars. An Assignment of Assignment and Assumption of Development Agreement and Easement Agreement By: Westland Properties Inc., a Delaware corporation, and Westland Shopping Center LP., a California Umited Partnership In favor of: Vallee L.l.C., a Delaware limited liability company and. Vallco Land L.L.C., a Delaware limited liability company Recorded: April 27, 1995 in Book N833 at Page 516 Official Records 72. A lease with certain tenns, covenants, conditions and provisions set forth therein. Lessor: lessee: Recorded : Westland Shopping Center l.P. Ross Stores, Inc., a Delaware Corporation November 24, 1992, Book MS06, Page 1S20, of Official Records Among other things said lease provides for: three {3} additional periods of five (S) years each. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. c9 -4-0 32 CLTA Preliminary Report: Fom1 (11/17/04) ITEMS: (conUnued) TItfe No. 05-98200087-A-MC Locate No. CACTI7743-7743-2982·0098200067 An Agreement of Subordination, Non-Disturbance and Attornment Dated: Sep~ber21, 1992 Executed By: BFV ¡Loan Partners, an Dlinols General Partnership, Westland Shopping Center LP., a California limited partnership, and Ross Stores, Inc., a Delaware corporation Recorded: December 3, 1992 in Book M521 at Page 0433 of Official Records An Agreement of Subordination, Non-Disturbance and Attornment Dated: August 26, 1992 Executed By: Westland Properties, a Delaware corporation, Westland Shopping Center L.P., a California limited partnership, and Ross Stores, Inc., a Delaware corporation, and Teachers Insurance and Annuity Association of America, a New York corporation Recorded: December 3, 1992 in Book M521 at Page 0451 of Official Records 73. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled : Lessor: Lessee: Recorded: Memorandum of Lower Level Lease Sears, Roebuck & Co. Westland Shopping Center, L.P. September 27, 1988, Book K695, Page 282, of Official Records Among other things said lease provides for: the right of first refusal to purchase by the Lessee. Assignment of the lessee's interest under said lease, Assignor: Assignee: Recorded : Westland Shopping Center L.P., A California Umited Partnership Vallco L.L.C., a Delaware Limited Liability Company April 27, 1995, Instrument No. 12873385, of Official Records The Lessee's Interest in said lease was assigned by Trustee's Deed D<rted: December 3, 1997 Executed By: First American TItle Insurance Company, a corporation, as Trustee To: TeacherS Insurance and Annuity Association of America, a New York corporation Recorded: December 9, 1997 as Instrument No. 13969593, Official Records 74. An unrecorded 1_ with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Memorandum of Ground Lease Teachers Insurance and Annuity Association of America, a New York corporation JG Cupertino LlC, an Ohio limited liability company October 22, 1998, Instrument No. 14459201, of OffIcial Records Lessee: Recorded: J--4-) 33 Q.TA Preliminary Report Form (11/17104) ITEMS: (continued) Title No. OS·98200087·A·MC Locate No. CACTl7743-7743-2982-o098200087 1ñe interest of the Lessee was transferred in Teachers Insurance and Annuity Association of America by virtue of that certain Trustee's Deed filed for record on February 14, 2003 as Instrument No. 16821970, OffICial Records of the County of Santa Clara. Assignment of the lessee's interest under said lease, Recorded: Teachers Insurance and Annuity Association of America, a New York corporation Vallee International Shopping Center, LLC, A California Limited Uability Company, 1ñe E&H Fifth Family LP., A California Umited Partnership, Sun Valley Property, LlC, A California Umited Uability Company, Dung Pham, an individual, and East Gate Properties, LlC, A California Limited Uabllity Company, as tenants in common June 12, 2003, Instrument No. 17106186, of OffICial Records Assignor: Assignee: Affects: Parcels I-A, I-C(I), 1-<:(2), IT-A, ill, VI, Vll, VIll, IX, X, and XII 75. An unrecorded I.... with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Memorandum of Lease Agreement Teachers Insurance and Annuity Association of America, a New York corporation JG Cupertino, LlC, an Ohio limited liability company October 2, 1998, Instrument No. 14459201, of Official Records Lessee: Recorded : The interest of the Lessee was transferred to Teachers Insurance and Annuity Association of America by virtue of that certain Trustee's Deed filed for record on February 14, 2003 as Instrument No. 16821970, Offidal Records of the County of Santa Oara. Assignment of the lessee's interest under said lease, Recorded : Teachers Insurance and Annuity Association of America, a New York corporation Vallee International Shopping Center, LlC, A California Umited Uability Company, The E&H Fifth Family L.P., A California Limited Partnership, Sun Valley Property, LlC, A California Limited Liability Company, Dung Pham, an individual, and East Gate Properties, lLC, A California Limited Uability Company, as tenants in common June 12, 2003, Instrument No. 17106184, of Official Records Assignor: Assignee: Affects: Parcel 'XlV c9,4ó0 34 a.TA Prelim\rwy Report Form (11/17/04) ITEMS: (continued) liUe No. 05-98200087-A-MC locate No. CÞ.CTl7743·7743·2982-0098200087 76. An estate on limitation in the buildings and improvements located in, on and under said Parcels I-A, 1- C(1), I-C(2), II-A, ill, VI, VII, VIII, IX, X and XII, granted to JG Cupertino LLC, an Ohio limited liability company, pursuant to that certain Grant Deed dated October 22, 1998, executed by Teachers Insurance and Annuity Association of America, a New York corporation, In favor of JG Cupertino LLC, an Ohio limited liability company, recorded October 22, 1998 as Instrument No. 14459202, Official Records of Santa Dara County. The Interest of JG Cupertino LLC, an Ohio limited liability company, is now vested In Teachers Insurance and Annuity Association of America, a New York corporation by virtue of that certain Trustee's Deed filed for record on February 14, 2003 as Instrument No. 16821970, Official Records of the County of Santa Clara. The Intent of Teachers Insurance and Annuity Association of America regarding the estate on limitation a~ created by the above referenced Grant Deed is unclear of record. Assignment of the lessee's interest under said lease, Recorded: Teachers Insurance and Annuity Association of America, a New York corporation Valleo Intemational Shopping Center, LLC, A Califomla Umited Liability Company, The E&H Fifth Family L.P., A Califomla Umited Partnership, Sun Valley Property, LLC, A Califomla Limited liability Company, Dung Pham, an individual, and East Gate Properties, LLC, A Califomla Umited Liability Company, as tenants in common June 12, 2003, Instrument No. 17106184, of Official Records Assignor: Assignee: 77. Matters contained In that certain document entitled "Subordination, Non-Disturbance and AttDmment Agreement" dated August 8, 2002, executed by and between Teachers Insurance and Annuity Association of America, a New York corporation, and Sprint Spectrum, L.P., a Delaware limited partnership recorded September 24, 2002, Instrument No. 16496306, of OfficIal Records. Reference is hereby made to said document for full particulars. 78. Matters contained in that certain document entitled "Subordination, Non-Disturbance and AtlDmment Agreement" dated August 8, 2002, executed by and between Teachers Insurance and Annuity Association of America, a New York corporation and Sprint Spectrum, L.P., a Delaware limited partnership recorded September 24, 2002, Instrument No. 16496307, of Official Records. Reference is hereby made to said document for full particulars. ;J~4 3 35 a.TA Preliminary Report Form (11/17/04) ITEMS: (conUnued) TItle No. 05-98200087-A-MC Locate No. CAC117743· 7743·2982.Q098200087 79. A deed of trust to secure an indebtedness In the amount shown below, and any other obligations secured thereby Amount: Dated: TrustDr: $42,000,000.00 June 10, 2003 Vallco International Shopping Center, LLC, A California Urnited Liability Company; The E&H Fifth Family L.P., A Califomia Umited Partnership; East Gate Properties, LLC, A Califomia Umited Uability Company; Sun Valley Property, LLC., A California Umited Uability Company, and Dung Pham V.F. Service corporation United Commercial Bank, a California Banking Corporation 201-001130-0 June 12, 2003, Instrument No. 17106189, of Official Records Trustee: Beneficiary: Loan No.: Recorded : 80. A financing statement filed in the Office of the County Recorder, showing Debtor: Secured Party: Date: Recorded : Vallco International Shopping Center, LlC, et al United Commercial Bank None Shown June 12, 2003, Instrument No. 17106190, of Official Records 81. A claim of mechanic'. lien Amount: Claimant: Recorded: $64,502.81 South Bay Interiors, Inc. June 30, 2004, Instrument No. 17876097, of Official Records A Notice of Pending Action to foreclose said lien County: Court: Case No: Recorded: Santa Clara Superior Court of the State of California in and for the County of Santa Clara 1 04 01 025748 August 25, 2004, Instrument No. 17971864, of Official Records 82. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Lessee: Recorded: Memorandum of Lease Vallco International Shopping Center, LLC, a California limited liaiblity company AmerIcan MultK:Jnema, Inc., a Missouri corporation July 6, 2005, Instrument No. 18454076, of OffIcial Records Entitled: Lessor: An agreement (and the provisions contained therein) which states that said lease is subordinate tD the Deed of Trust Recorded: June 12, 2003, Instrument No. 17106189, of OffICial Records By document Recorded : September 20, 2005, Instrument No. 18585335, of Official Records ~ ~-¥r 36 ClTA Prelininary Raport. Form (1l/17/04) ITEMS: (continued) 11t!e No. OS-982D0087-A-MC Locate No. CACTI7743-7743-2982-0098200087 83. "If an AIta Policy is requested, this Company will require an Inspection prior tD the Close of Escrow." 84. Any rights of the parties in puss_Ion of a portion of, or all of, said land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before iSSuing any policy of title insurance without excepting this item from coverage. The Company reselVes the right tD except additional items and/or make additional requirements after reviewing said documents. 85. Any easements not disclosed by those public records which impart constructive notice as tD matters affecting title tD real property and which are not visible and apparent from an inspection of the surface of said land. 86. Any feets, rights, interests or clelms which a correct survey would disclose and which are not disdosed by the public records. END OF ITEMS Note 1. Your eppllcetlon for title insurance was placed by reference tD a street address only. Based on our records, we believe that the description in this report covers the parcel that you requested. To prevent errors and tD be certain that the proper parcel of land will appear on the documents and on the policy of title insurance, we require written approval of the legal description in this report be sent tD this Company, signed by the parties to the transaction. Note 2. The only deeds affecting said land, which recorded within six (6) months of the date of this report, are as follows: Recorded: The E&H Fifth Family LP., A California Limited Partnership, Sun Valley Property, LlC, A California limited liability Company, Dung Pham, an unmarried man and East Gate Properties, LlC, A California Limited Uability Company, as tenants in common Vallco International Shopping Center, LlC, A California Limited Liability Company April 19, 2005, Instrument No. 18331566, of Official Records GrantDr: Grantee: Note 3. Effective March 1, 1979, there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call your escrow officer or title officer. )-45 37 aTA Preliminary Report Form (11/17/04) NOTES: (continued) TIlle No. OS-98200087-A-MC Locate No. CACTI7743-7743-2982-Ð098200087 Note 4. If a 1970 Al TA Owner's or Lender's or 1975 AlTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (I) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (Iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest 'by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. )~4lo 38 CLTA Prelmln'rv Reoort Fonn (11/17/04) NOTES: (contlnued) Title No. OS-98200087-A-MC Locale No. CACT17743-7743-2982-0098200087 Note s. Note 6. Note 7. Note 8. Wiring instructions for Chicago Title Company, San Jose, CA, are as follows: Receiving Bank: Bank of America 275 Valencia Blvd, 2nd Floor Brea, CA 92823-6340 121000358 San Jose Commercial 12353-81969 05-98200087-5M ABA Routing No.: Credit Account Name: Credit Account No.: Escrow No.: These wiring instructions are for this specific transaction involving the Title Department of the San Jose office of Chicago Title Company. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confinnlng the receipt of funds. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all funding should be done through wire transfer, certified check or checks drawn on California financial institUtions. The charge where an order is canceled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but In no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be canceled "no fee" pursuant to the previsions of said Insurance Code, then the minimum cancellation fee shall be that pennitted by law. California Revenue and Taxation Code SectIon 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. d ;41- 39 a.rA Preliminary Report Fonn (11/17/01) ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (1o.I7~92) WITH A.L.T.A. ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE The foUowÌDR matters an: expressly excluded f'rom the: coverage of this policy and the CoInpaD)' wi1l not pay 'oss or damage, costs., attorneys' fees or expenses w1ûcb arise by reason of. 1. (a) A.nylaw.ordinanccorgovcmmcntalregulaóon(includingbutootlimiledlObWkiiD¡ aDd zonmg Jaws., ordinances. or rcgulatioDS) restricting. reguJaling. prohibiting or re1atiDg to (i) the occupancy. use. or enjoymcD!: of the 1and; (ii) the cbaracter, dimeœions or location of any improvement now or hereafter erected on the land: (ill). separation in ownership ora change in the dimensions oruea oftbe land or any parcel ofwlûch!be land is or was a part; or (iv) environmental protection, or the effect of any violation of these JaWI. ordinances or govemmentaJ regulations. except to the extent that a notice of the enforcement IhcMof or a notice of a defect, lien or encumbral'lce resulting &om a violation or aUeged violation affecting the land bas been m:ordcd iD the public IeCOf'ds at Date of Policy. (b) Any governmental police power not excluded by (a) above, exceptIO IbccxtcDttbat a notice of1he exercise tbereofor a notice ofa defect, lieD or encumbnIncc JaUttin¡ from a violation or alleged violation affectin¡ the land has been. ra:orded in the public records al Da1e of Policy. 2. Ri¡hts of emÎDcDt domain unless notice orllle excrcilc 1bereofhas been reoordcd io the public records at Date of Policy, but not CXC~ IÌOm covemge my IaJcin¡ which has occurred prior to Date of Policy whicb would be blllding on the rights of a purchaser for value without knowledge. 3. Defects, liens, eDCumbranccs, adverse claims, or other matters: (a) created, suffmd, assumed or agreed to ~ the iIlSlU'ed claimant; (b) not known to the Company. not recorded m the public m:otds at D81cofPolicy, but known to the insured claimant and not disc10scd In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this po"",,; (c) re.su)tin¡ in no Iou or damage to Ibc: insured claimant; (d) attaching or created subsequent 10 Dare of Policy (except to the extent dlat this policy inJures the priorityoftbe lien of the insured mortgage ovaranyslatutory lien for seJViCCS, labor or malerial or to the ex1I:nt insurance is afforded herein as to asseuments for street improvements under construction or comp1eled at Date of Policy); or (e) resWtiDa: in loss or damage whicb would not have been sustained if the insured claimant bad id value for the insured mortgage. 4. UoenfuIceab&'t; oflhc liea oftbc insured mort¡qe bccauseofthc inability orfailW'C of me insured at Date of Policy, ortbc inabililyoi fáilure of any subseq1lCotowoerof1he iodebtcdness, to comply with applk:ab1e doing business taws of the state in which the taadissitualcd. S. Iava1idityoruocøforccabilitofthclicoofthcinsuredlllOl'tpge.orc1aåntbCJeot;wIDch arises outoftbc tr2nsaCtion evideœed by the iDsuRd mon¡aae and is based upoo usmy or any consumer crcctit protection or truth in IeDding law. 6. Any statutory lieD forscrviccs, blboronJaterials (ormeclaimofpriorityofaDystatuloty lienforservìccs, labor ormateriaJs over the lienoftbe inswedlDOltlBP)arisiag&omao improvement or work rdatcd to the !aDd which is contracted for aDd commenced subsc:qucnt to Date of Policy and is DOt f'maoced inwholc orin part by procccds of the indebtedness secured by the insured mortgage which at Date ofpoUcy the insumI bu advanced or is obligatøcl to advance. 7. AJry claim, wbich arUc:. out of the transaction CJœDng the interest of the mortgagee insured by this policy, by reasDD of the openrtionoffederal bankruptcy, state insolvency, or similar creditors' rights tlws, that is based on: (i) the transacôon creating the "rest of the insured mortpgee beiDa: deemed a &mtdu1en1 CODVeyancc or fialiduieDt b'I.OSfer; or (iI) the subordination of the ÏDlmst of the ÎDIw'ed mottgagce as a rewlt of the üc:aDol1 oftbc doctriDe of equitable subordination; or (til) the traœaction creatiDg die inIerm of die iDsured mortp¡ee being deemed a preferential transfer except where the prcbntiaJ traDSm results &om the w1ure: (a) 10 timely 1"eCOTd the iDltrumeDt of transfer; or (b) of such recordation to impart notice 10 . purcbaser for value or a judgemcDt Dr Iieocredilor. AMERICAN LAND TITLE ASSOClA nON OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The: fonowing matters are expressly excluded from the covenge of this policy and the Company W111 not pay loss or damage. costs, auomeys' fees orellpCllllCS which arise by re&8OÐ of I. (a) Anr 1aw. ordinance or governmental regulation (iŒludiDa:butnotlinilcdtoWilding andzonmg laws, ordinances, or reguiations) restricting, regu)atiDa.probibitiDg:orrelating to (i) the occup8DCy, use, or cl'!ioyment of the land; (ii) the characler. dimcnsioøs or location of any û:Dprovement now or hereafter crccœd on the land; (üi) a separation in ownership ora change in the dimensions or area of the land or any parcel ofwmch the land is or was a part; or (iv) environmentaJ protection, or the dfect ofany violation of these laws, ordinances or g~taI regulatioas. except to the cxtenttbata notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting: the land has. been recorded in the public ICCOrds at Date of Policy. (b) Any ¡ovemmental police power not excluded by (a) above, except to the extent !hat a notice of the exercise tbereofor a notice ofadefect, lien or encumbrance~ftom a vio1ation oralle¡cd violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain \U\1ess ootice ofthc exercise tbcrcofhas been rccordcd in the public rccOJdB at Date of Policy. but not exel~ fromcover.IIF any takin¡wbich has occurred priorto Date of Policy which would be binding on the rights ola purchaser for value without know led¡e. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created. suffered. assumed or a¡recd to by the insured claimant; (b) notbown to tbcCompaoy. DOt recorded in the public recordsat DateoíPolicy, but known to tœ insured claimant and DOt dì!JC1osed m writing to the Company by the insured claimant prior to tœ date the insured clainwJt became an insured UDder this poticy; (c) resa1ting ÌI:I DO loss or damage to Ibe insured claimant; (d) attachingorcreated 5Ubaequent to Daœ of Po tiC)', or (e) resulting in loss or damaF whicb would DOl have been BUStained if the it1s1nd claimant bad paid value for the estate or interest insured by this policy. 4. Any claim. whichariøesoutoflbetraDBactionvestin¡intbe insured thc estate orinœrest insured by this policy, by reason oftbe operation offcdcra1 bankruptcy, state insolvency, or similar creditors' rights laws. that is based on: (i) the transaction creating the estate or inlerest insured by this policy being deemed a &audu1ent cotIVC)'IIOOC or &audulent tranSfer. or (it) the traDsaction ereatin¡ the estate 01' interest insured by this policy being deemed a pre!crenöal transfer except where the prcfcmdiaJ traDsfer re.su)ts úom the failure: (a) to ûmely record the instrument oftranSfcr; or (b) ofsuch recordatioo to impartnotice w a purchaser forvaluc or .jud~t or lien creditor. The above ALTA policy forms, dated 10-17·92, ~ be issued toalford either StandaJd Coverøge or Extended Coven¡e. In addition 10 the above ExclusIOns &om Covem¡e. !be Exceptions from Coverage in a S1Bndard Coveng¡: policy wiD also ioctude the following Ocncœl Exceptions: EXCEPTIONS FROM COVERAGE This policy docs not insure against loss or damage (and the Company wiD not pay costs. attorneys' fees or expenses) whicb arise by reason of: l. Taxes or asscssments w1ric:h arc not shown u existinlliens by1be recordtofaDy taxing 3. Easements, iieIIs or encumbrances. orclaims thereot: which are notsbown by the public authority that levies taxes or asses;amcnts on RIll property or by the public re:corda. re~orda... . . . Proceedings by a public agency which may result in taxes or assessments, or DOtJC:cS of 4. DiscrepanclCS, CODfIlCts m boUDdary Jmes, shortage m ma, CDCroachmcDts, arany otbcr suchprocecdÛlgs, wbetber or not shown by the records ofsucha¡eDCyorbytbe public facts w1ücb a correct survey would discloae, and whicb are not shown by the public records. recorda. 2. Anyfacts.ri¡hts. intercstsOTclaimswhicharenotshownbythepub1icl'tCOl'dsbutwhich S. (a) ~ mining claims; (b) reservations or exceptions in patents or ill Acts could be ascertained by an inspection oftbe land orwhicbmaybe aaserted bypcr50ßl in authcrizina: the isawmce tbIIreof; (c) water rights, claims or title to water, whether or not possession thereof. the matters excepted under (a). (b) or (c) are shown by the public records. J-46 Attachment One (11/17/04) ATIACHMENTONE (CONTINUED) CLT A HOMEOWNER'S POLICY OF 11TLE INSURANCE (10-22-413) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-.22.03) EXCLUSIONS In addition to the Exceptions in Schedule B. You are DOt insured against loss. costs. attorneyS' feea, and e~ resukiDg mm: I. Governmental police power. and the existcncc OJ violation of any law or government 4. Risks: regulation. This includes ordinances, laws and regulations conceming: a. that are created, allowed, or agreed to by You. whether or not they IPJIC8T in the a. building Public Records; b. zonin&: b. tbatarc Known to You at the Policy Date, but DOt to U., unless tbcyappcar in the c. Land use Public Records at the Policy Date; d. impmvemenlS on Land c. that muh in DO Iou to You; or e. Land division d. that fim occur after the Policy Date - Ibis does not limit the coverage described iD r. environmental protection Coveted Risk 7. S.d, 22, 23, 24 or 25. This Exclusion does not apply toviolations ortbe enforcement oftbese maacrs ifnoûce of1be 5. Failure to pay value for Your Title. violation or ent'oJt:emenlJ.lP ?clrs in the Public Record. at the Po~ Date. 6. l.açk of. riØJt: This Exclusion docs not limit the coverage described in Covered Risk 14, 15. 16., 17 or 24. a. toaøyúmdouttidc tbe area specifically deperibed and referred to in pIIlBppb3 of 2. The få.ihm: of Y OW" CXÜitin¡ $ttUCtUrCS, or aD)' part of them. to be CODSlNCtcd in Scbcdule ~ and ICCOrdance with applicable buildingcodel. This Exclusion does not IIppIytoviolationl of b. in street&, aUeys. orwalerw8)'l that touch the I.Jmd. building codes if notice of tile violation appears ÎII: the Public Records at the Policy D8te. This Exctusion does not limit the ccwer.age descnòc:d in Covered Risk II or 18. 3. Tho ri¡ht to.... tho t.nd by oondcmnh>e" """", a. notice of exercising the right appears in the: Public Records at tbc Policy Date; or b. the takina: happeœd before the Policy Date and is bindios OD You ifYou bought the Land without Knowing oftbe taking. LIMITATIONS ON COVERED RISKS Your insurance for the folkrwing Covered Risks is limited on the Owner's Covenge StatemcDt as follows: For Covered Risk 14. 15, 16 aDd 18, Your-Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The dcduchble amowdS and maximum doUar limits shown OD Scbedule A are as follow¡; Your nednctibl!! A.mount Our M.'rJmllm Dollar limit ofUabilitv CovcredRisk 14: 1...00% of Policy Amount 5lJ).!!OOJ!Q 0' S~isless) Covered Risk 15: U!Q% ofPoIicy Amount 5 lliI!WX! 0< 5e . (w heverislcss) Covered Risk 16: UIQ'.4 of Policy Amount 5 lli!I!!lW 0< S~isless) Covered Risk. 18: lJ!Q% of Policy Amount 5 UI!IMQ 0. 5~ (whicbc:vcris 1css) ALTA EXPANDED COVERAGE RESIDENTIAL WAN POLlCY (10/13/01) EXCLUSIONS FROM COVERAGE The followina matters are expressly excluded ftom the CÐVer1!lge of this policy and the Company will not pay "loss or damage, costs. attomc:ys fees or expenses which arise by reason of. I. (8) Any law, ordinance or {lovernmenta! re¡uJation (including but not timi1cd 10 zoning laws, ordinances, or re¡uJatioDl) restricting, regulating. prohibiting or relating to (i) the ~ncy, use, or enjoyment ofthc Land; (ii) the character, dimensions or location of any unprovements now or hereafter erected on the Land: (fu') a separaôoa in OWDCnhip or a chaDge in the dimensions or areal of the Land or any parcel ofwhicb the l..aDd is or was a part; or (iv) environmcD1a1 protection. or !be cft'ect ofllD)' violation oftbcse laws, ordinances or governmental regulations. except to the cxIeD1 1hat a notice of the enforcement thereof or a DOIice of a defect, lien or cncumbrance resu1tiDg ftom a violation or alleged violation affecting the Land bas been recorded in the Public ReconJs at Date of Policy. This cxclusioD docs not limit the COveJ8p provided under Covered Risks 12, 13, 14. and 16 of this policy. (b) Any governmental s:: power not excluded by (a) above, cxccptlO Ibc eDent: that a notice of the C)l,crcise for a notice of a defect, lien or cncumbnmcc resultiD¡ &om a violation or aUcRed violatioa afl'ectin¡ 1bc Land has been recorded in the Public: Records at Date of Policy. This excluston does not limit the coverage provided under Covered Risks 12, 13, 14. and 16 of this poiicy. 2. Ri¡hts ofcmincnt domain lIDless notice of the exercise thcreofhas been recorded in the Public Records at Date of Policy, but nol eJlCl~ ftomcovcrage any taking whicb has occ~ prior to Date ofPoiicy which would be bllwlin¡Oß the rights ora purcbaserfor value without Knowledge. 3. Defects. liens. encwnbnmces. adverse claims or other mattcn: (a) created. suffered. aswmed or agreed to by the Insured Claimant (b) not Koown to the Company, not recorded in the Public RecordI at Date of Policy, 001 Known ID the Insured clairñant and oot disclosed in writing to the Company by t:be Insured Claimant prior to the date the lnswed Claimant became an Insured under this ~Iicy; (c) resulting in no 10ss damage to the Insured Claimant; (d) attaching or created sub$eqUCDt to Dau: of Policy (mi. paragrapb docs limit the coverage provided undorCovered Risks 8, 16, 18, 19, 20, 21. 22 .23, 24, 25 and 26); or (e) resultin¡ in loss or dama¡c which would not have been sustained if the Insured Claimant bad paid value fur the: II1II1mI Mortpp_ 4. Unenforceability ofthc lieD oftbe Insured Mortgage because oftbc inability or failure of the Insured at Date ofPolÌo/, or the inabilil)'or faiturc ofanyaubsequcnt owner of !be indebtedness. ID comply with applicable doing business taws of the state in which !be Land is aituated. 5. Invalidity oruncnfon:eability orthc lien of the Insured Mortgage, OI'claimthcœof. which arises out oftbe transactionevünced by the InsuredMongage and iI based upon~, e~t as provided in Covemi Risk 21. or any CODSW11Cr credit prou:ction or truth m lending law. 6, Real propcny taxes or assessments of any governmental authority which become 8 lien on the: I.Jmd subscqueDt to Date: of Policy. lbi& exclusion doc. not limit me coverage providod '""'" Covcn>d lüsb 1. 8(.) and 26. 7. Any claim of invalidity, UDCDforccability or tack of priority of the lien of the Insured Mortgage as to advances or modifications made after 1bc Insured has Xnowledp that the vestec shown ÎII: Schedule A is no Ion¡ct the owner of the estate or interest covered by this policy. This exclusion docs DOt limit the coverage provided in Covered Risk 8. 8. lack. of priority of !be 1iea of the Insured Mortgage 8110 each and every advance made after Date of Policy , and aU inœres1 charged thereon, over liens, cncumbranceI and other mattcn affecting !be tiüc, the existcœe of whicb are Known to !he Insured at: (a) The time oftbe advaDCe; or (b) The time a modification is made to the 1emIS of the Insured Mortgage whicb ciulDp 1hc rate ofin1erest cbarRed. if the rate of interest is greater as a result of the modification than it would have 6cen before the modification. Thi. exclusion docs not limit the coverage provided in Covered Risk 8. 9. The iiIiluœ of the residential structure, or any portion tbereofto have been constructed before, on or after Date of Po~ in accordance with applicabic boilding codes. This exclusion does not apply to violations ofbuiJdine codes if IIOtice of the vkilation appears in the Public Records at Date of Policy. ó<,Þ¡~ Attachment One (11117104) Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous. transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved In the previous transaction, and the date or approximate date that the escrow dosed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 J~9) . ,".',...,", -,"'",- B I ~ ""' ~ ::t ~. " ® , .-' - . ;; I · . -2 ~ ~ . · · . 0:" ::! ~ · . · · -2 u ~ 0: -' "3^Y ~ < ® z a: :::1 0 ~ .' tl · .< 0 . . > s ~.__.:.,_____J ~ · ~~ z ¡ , ! I 0 0 oi¡-¡¡ i!!I .. . . ~ 1t~ ,.¿ ~ < I'll A-ï,,-¡;--... 0: e 057;, ... < HO · ~ ~ .- ... m, :Q . < o. iI · u z · .J J < ~ .J VLlZC · U ... < > < · ,¡ · " !II II . 0 ~ a: ;! . i ~ 0 .. .. · . · , ~ · , · ,- '>,. · < · ·N 2i .. .. ,., .~ "::}I N' - liJ " (!¡] [I .. . · ,1;1 . 0: U · ..'- ... ~ I d'· on __--.J ffi ~t i , > ® . ~, .. ® i · ... t;; ~ ! it~.. ® ,. 0 -;;¡:¡;¡¡- ...... i·~ . ft. . ~ ( .~ . ,...~ ~ ~ ~ ~ . . ..- .~ ~ !,O .. 0 ª"~ iE ".. .11"--- ~ " m~$ g "' o . .5':ß 0 Ð o- S ì .U).2....U"Ð ® ¡r~¡;= ji.~Õm ~ 0 "O"Æ"",'ð · 1$ iCD.oUl z ! - · œf~· .. 0:1 · .!I!>" :g œ u · -šgJ5 ~''g . .' · . ....,0.. z õ~~~5 · >"Þ~-Ul'-' . . œ,~ ~Q) ......4- ~.....c.~.þ ~~·E~'º ~ '3^" :: ,'Ii'UIOd 'N (U..- Q= In- o¿¡õol::gl!ld c. $i- _~~ ~- arn ® I- (u1,..>~-U,ª .. d-S\ TM-2005-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6334 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A 6.93 ACRE PARCEL INTO A 2.11 ACRE LOT AND A 4.82 ACRE LOT LOCATED AT V ALLCO SHOPPING CENTER SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2005-09 Mike Rohde, on behalf of Valko International Shopping Center 10123 N. Wolfe Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. Resolution No. 6334 Page 2 TM-2005-09 October ll, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2005-09 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application TM-2005-09, as set forth in the Minutes of Planning Commission Meeting of October 11, 2005, and are incorporated by reference as though fully set forth herein. SECTION Ill: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the tentative map entitled "TENTATIVE MAP, VALLCO INTERNATIONAL SHOPPING CENTER HOTEL AREA" by SMP Engineers, dated October 11, 2005, and consisting of one sheet labeled TM-1, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT AGREEMENT Prior to obtaining a final map, the applicant shall execute an amendment to the development agreement that designates Lot 1 as a required hotel site. The amendment shall specify the size and number of hotel rooms for the hotel. Should the development agreement expire prior to the development of the site for said hotel, another instrument guaranteeing hotel development on the site shall be agreed upon by the applicant and the City. 3. TREE PRESERVATION No trees are to be removed on site as part of the tentative map approval. A Tree Removal Permit shall be required prior to the removal of any tree(s) on site. 4. RECIPROCAL INGRESS/EGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for a pedestrian ingress and egress easement, and vehicular ingress and egress easement for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easement shall be recorded prior to issuance of building permits. Resolution No. 6334 Page 3 TM-2005-09 October 11,2005 5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. PARCEL BOUNDARY VERIFICATION Prior to final map, the applicant shall provide verification of the boundaries of the parcel underlying the subdivision to the satisfaction of the Public Works Director. 7. STREET WIDENING Street widening, street improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. Resolution No. 6334 Page 4 TM-2005-09 October 11, 2005 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 13. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 14. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 15. IMPROVEMENT AGREEMENT The project developer shall enter into an improvement agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: b. Checking and Inspection Fee: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Traffic Impact Fees: $ 6% of On Site Improvement Costs $ 6% of Off-Site Improvement Costs $ 3,000.00 TBD ** $ 3,250.00 N/A TBD Bonds: a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the Resolution No. 6334 Page 5 TM-2005-09 October 11, 2005 event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights. 16. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 17. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 18. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: http:/www.swrcb.ca.gov / stormwtr / construction.html 19. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS Post-Construction Best Management Practices a. Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. (Use for all construction projects) b. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. (Effective 10/15/03, use for Group 1 projects creating or replacing one acre or more of impervious surface, including roofs and pavement) Resolution No. 6334 Page 6 TM-2005-09 October II, 2005 c. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. (Effective 10/15/03, use for Group 1 projects creating or replacing one acre or more of impervious surface, including roofs and pavement) 20. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. --------------------------------------------------------------- --------------------------------------------------------------- PASSED AND ADOPTED this 11th day of October 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chen, Giefer, Vice-Chair Miller, Saadati and NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: I s I Steve Piasecki Steve Piasecki Director of Community Development Isl Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission g:jplanning/pdreport/res(fM-2005-09 res. doc :¡ i i . . . ,,& è f\-:~ ~!.., .' ~'-- iI', ~'~rt:\' ~ P *1:: 1! I ì' IX .{'--- 1~ !1-1.___ I !~I 1 {!- \-I'I~i- lJi'j ~, -;. 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