CC Resolution No. 11-045 Development Agreement, 21835 Lomita Avenue, APN 357-16-063_revised 8-30-23RESOLUTION N0. 11-045
A RF,SOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN DEVELOPMENT AGREEMENT BETWEEN THE
CITY AND DEVELOPERS, JERRY JIN-TZONG LIU AND JENNIFER FANG FANG,
21835 LOMITA AVENUE, APN 357-16-063
WHEREAS, there has been presented to the City Council a proposed development
agreement between tlie City of Cupertino and developers, Jerry Jin-Tzong Liu and Jennifer Fang
Fang, for tlie installation of certain municipal improvements at 21835 Lomita Avenue, and said
agreement having been approved by the City Attorney, and Developers having paid the fees as
outlined in tlie attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupeitino tl'ffs 5tl'i day of April, 2011, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
Members of the City Council
Wong, Saiitoro, Chang, Mahoney, Wang
None
None
None
ATTEST:AJ'PROVED:
Mayor, City of Cupertino
Resolution No. 11-045
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPERS:
LOCATION:
JERRY JIN-TZONG LIU AND JENNIFER FANG FANG
21835 LOMITA AVENUE, APN 357-16-063
PART A
PART B
PART C.
PART D.
PART E.
PART F.
PART G.
PART H.
PART I.
FaitMul Performance Bond:
110 2211
Labor and Material Bond:
110 2211
Checking and Inspection Fee:
110 4538
Development Maintenance Deposit:
110 2211
Storm Drainage Fee - Basin 2
215 4072
Street Liglit - One-Year Power Cost:
110 4537
Map Cliecking Fee:
110 4539
Parl=, Fee - ZONE II
280 4082
Reimbursement Fee:
$ 4,277.00
$ 4,277.00
$ 2,468.00
$ 1,000.00
$ 229.98
N/A
N/A
N/A
N/A
AGREEMENT
21835 Lomita Avenue
AJPN: 357-16-063
ThisAGREEMENTmadeandenteredintothis 2'f dayof /""{4 , 2011, by
and between the CITY OF CUPERTmO, a municipal corporation of the State of California,
hereinafter designated as CITY, and Jerry Jin-Tzong Liu and Jennifer Fang Fang, husband and
wife as community property with right of sumvorship, hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY to secure a Building Permit
to consttuct a single family dwelling hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the
Project by Bayland Consulting, a tnie copy of which improvement plans and specifications are on file
in the office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as though set out in full;
NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the
"Plans", and the work to be done under tlie Plans shall be called the "Work".
WHEREAS, pursuant to the provisions of this AGREEMENT, the CffY hereby established
the ainounts of Bonds, Fees, and Deposits as set forth in the following schedule:
SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Improvement Category:
PART A. Faithfiil Performance Bond:
110-2211
$4,277.00
PART B.Labor and Material Bond:
110-2211
$4,277.00
PART C.Checking and Inspection Fee:
110-4538
$2,468.00
PART D.Development Maintenance Deposit:
110-2211
$1,000.00
PART E.Storm Drainage Fee - Basin 2
215-4072
$229.98
PART F.
PART G.
Street Light - One-Year Power Cost:
110-4537
Map Checking Fee:
110-4539
N/A
N/A
PART H.Park Fee: Zone II
280-4082
N/A
PART I.Reirnbursement Fee N/A
Page 2 of 11
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGRF,ED by and between the parties
hereto as follows, TO WIT:
DEDICATION
A. anie DEVELOPER offers to dedicate the real property shown on Exhibit "A", which
is attaclied hereto and made a part hereof by reference. Said dedicated propeity shall be free
and clear of all liens or encumbrances except those, which the CITY shall waive in writing.
The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open
until the CITY accepts offer by resolution.
B. Upon execution of this AGREEMENT, the DEVELOPER agrees to deliver a
properly executed grant deed to the CITf of the real property described in Exhibit "A", and
such other executed conveyances, or instnuments necessary to convey clear title as herein
required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost arid expense, to
the City:
i. A prelitninary title report issued by a title insurance company relating to the
property offered for dedication.
ii. A standard policy of title insurance issued by a title insurance company and
insuring the CITf in the sum of N,/A and which shall show said property firee and
clear of all liens or encumbrances except those as the CrIY shall expressly waive in
writing; said policy shall be furnished at the time of acceptance of dedication and
recordation of deed.
C. Upon the condition precedent that the DEVELOPER shall perform each and every
covenant and condition of this AGREEMENT, the Cn'Y agrees to accept said real property
offered for dedication.
INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within one (1) year from the
date of execution of this AGREEMENT, or such longer period as may be specifically
authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to
complete the Work within the specified period of time, the CI'IY, at its sole option, shall be
authorized to complete the Work in whatever manner the CITY shall decide. In the event
the CITY completes the Work, the CITY may recover any and all costs incurred thereby
from the DEVELOPER or the DEVELOPER'S surety or both. No fu'ial inspection shan be
granted or street improvements shall not be accepted unless all the requirements for safety
purposes are installed, such as sidewalks, handicap ramps, street lights, etc.
B. The DEVELOPER shall install and complete the Work in a good and workmanlike
manner in accordance with the plans as approved by the City Engineer of Cupertino. The
Page 3 of 11
Work shall be done in accordance with existing ordinances and resolutions of the CITY and
in accordance with all plans, specifications, and standards approved by the City Engineer.
The Work shall be done in accordance with all State and County Statutes applicable hereto.
The decision of the City Engineer shall be fuial as to whether any material or workmanship
meets the plans, specifications, and standards as set forth.
C. It is further agrecd that the Work shall be done in accordance with the most current
Standard Specifications of the Department of Public Works, California Department of
Transportation, State of California, and in accordance with the specifications of the
Cupertino Sanitary District where applicable.
D. Wherever the words "State" or "California Division of Highways" are mentioned in
the State Specifications, it shall be considered as referring to the City of Cupertino; also
wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered
as referring to the City Engineer.
E. In case of conflict between the State Specifications and the specifications of the
CrIY, and/or the Cupertino Sanitary District, the specifications of the CITY and/or the
Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting
portions.
Q{JITCLAIM DEED
It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all
his/her rights and interests in, and shall grant to CI'IY authorization to extract water from
the underground strata lying beneath said project. DEVELOPER agrees to execute a
"Quitclaim Deed and Authorization" in favor of CII'Y, when presented to him/her for
signature.
BONDS AND OTHER SECURITY
A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the
CITY a faithful performance bond to assure his/her full and faitl'iful perfomance of this
AGREEMENT. The penal sum of said faithful perfomiance bond is as set forth in Part A of
the SCHED'[TLE OF BONDS, FEES AND DEPOSITS. In the event that improvements are
to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful
performance, file with the CITY, a labor and materials bond in a penal sum as set forth in
Part B of the SCE-IFED{JLE OF BONDS, FEES AND DEPOSITS. Said bonds shall be
executed by a surety company authorized to transact a surety business in tlie State of
California and have been approved by the City Attorney as to form and by the City Engineer
as to sufficiency. In the event that the DEVELOPER shall fail to faithfully perfortn the
covenants and conditions of this AGREEA4ENT, or to make any payment, or any dedication
of land, or any improvements herein required, the CITY shall call on the surety to perfonn
this AGREEMENT or otherwise indemnify the CIITf for the DEVELOPER'S failure to do
SO.
Page 4 of 11
B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT
by depositing with the CITY:
Cash; or,
ii. A cashiels check, or a certified check payable to the order of the City of
Cupertino; or,
iii. A certificate of deposit, or instrument of credit meeting the requirements of
Government Code Section 66499 (b) or (c).
C. The amount of said cash, checks, certificate of deposit, or instnument of credit shall
be as designated by the City Engineer, and shall be the equivalent to that which would have
been required had the DEVELOPER furnished the CITY with a faithful performance surety
bond. In the event that the DEVELOPER shall fail to faithfully perform the covenants and
conditions of this AGREEA4ENT, or to make any payinent, or any dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said security thereto.
D. No release of surety bond, cash deposit, check or certificate of deposit shall be made
except upon approval of the City Council. Schedule for bond and insurance release for
paper bonds are as follows:
i. Release of 90 percent of the faithful performance bond upon acceptance by
City Council.
ii. Release of the remaining 10 percent of the performance bond at one year
from acceptance after all deficiencies have been corrected and in the absence of any
claim against such bond.
iii. Release of the entire labor and material bond at six months from acceptance
after all deficiencies have been corrected and in the absence of any claim against
such bond.
iv. Liability insurance, provided by the DEVELOPER to hold the CITY
liarmless in the event of liability arising from the project, to be retired at the end of
one year if all deficiencies have been corrected and iii the absence of any claim
against such insurance.
CHF,CKING AND INSPECTION FEE
It is further agreed that the DEVELOPER shall pay any and all necessary direct expenses for
inspection, checking, etc. incurred by CITY in connection with said Project, and that
DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT,
the atnount as set forth herein at Page 2 (Part C). Should construction cost vary materially
from the estimate from which said sum is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
Page 5 of II
DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this
AGREEA4ENT, the amount set forth herein at Page 2 (Part D) as a development
maintenance deposit. The deposit may be used at the discretion of the City to correct
deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise
during or after the constuction of the development. The deposit shall also be used for
copies of approved plans for the CITY's files. If the cost exceeds the amount deposited the
DEVELOPER is required to pay actual overage prior to return of original plans. Any
unexpended amount will be returned to the DEVELOPER at the tiine all bonds are released
in accordance with paragraph 4 of this agreement.
STORM DRAINAGE FEE
It is further agreed that tlie DEVELOPER shall deposit with the CITY, prior to execution of
this AGREEMENT, a storm drainage charge in connection with the said Project in
accordance with the requirements established in Resolution 4422, March 21, 1977, in the
amount as set forth herein at Page 2 (Part E).
STREET LIGHT - ONE YEAR POWER COST
It is :[uither agreed that the DEVELOPER shall pay to the CITY, prior to execution of this
AGREEMENT, the amount as set forth hereiii at Page 2 (Part F), whicli amount represents
the power cost for street lights for one year.
MAJ' CHECKING FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this
AGREEMENT, for office checking of final map and field checking of street monuments, in
compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount
as set forth herein at Page 2 (Part G).
10.THE INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the
City Engineer, plant street trees in conformance with the standards of the City of Cupertino.
Variety of hee shall be selected from the CITY approved list.
11.PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to
the CITf, prior to execution of this AGREEA4ENT, as is required within Section 18-1.602,
Park Land Dedication, Cupertino Municipal Code, and which is further stipulated herein at,
Page 2 (Part H). Fees are also in accordance with action adopted by the City Council on
March 19, 1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code.
Page 6 of 11
12.REIMBiJRSEMENT FEE
It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of
this AGREEMENaII', a reimbursement fee for the street improvements that have been
installed by the City, or by another property owner. Developer shall pay the City for the
cost of the land at the cost to the City, or another property owner, and shall pay a street
improvement reimbursement charge for the improvements which the City or another
property owner, installed on the street abutting or included in the benefited property, in an
amount equal to the total improvement costs for each particular benefited property as set
forth in a reimbursement agreement, in the amount as set forth herein at Page 2 (Part I).
Payinents for both land and iinprovements shall include siniple interest in the amount of
seven percent per year, to be calculated in the following manner:
A. Land Cost. Interest to accrue from the date the street improvements are accepted by
the City to the date the street improvements reiinbursement charge is paid, or if the land is
purchased by the City for a City project, from the date of purchase to the date the charge is
paid.
B. Improvement Cost. hiterest to accrue from the date the street improvements are
accepted by the City to the date the street improvement reimbursement charge is paid, or if
installed by the City, from the date installation commenced to the date the charge is paid.
C. Provided, however, that the interest shall be waived if the adjoining property owner
dedicates or has dedicated to the City land necessary for the street improvements, or where
no such dedication is necessary.
13.MAINTENANCE OF WORK
It is further agreed that the DEVELOPER shall maintaiii the Work until all deficiencies in
the Work are corrected to conform to the Plans and the City Standards and Specifications for
the Work. The DEVELOPER shall, upon written notice thereof, iinmediately repair or
replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of
said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or
materials appearing in said Work.
14.SfflARY DISTRICT
It is further agreed that the DEX/ELOPER shall file with the CITY, upon execution of this
AGREEMENT, a letter from tlie Cupertino Sanitary District stating that the DEVELOPER
has submitted plans for review by the District and that sanitary sewers are available to serve
all lots within said Project.
Page 7 of II
15.GOVERNMENT COSTS
It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this
AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter
4 of the Governrnent Code, pertaining to special assessments or bonds, have been complied
with.
16.PACIFIC GAS AND ELECTRIC/ AT &T
It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company
and/or to AT&T, any and all fees required for installation of overhead aiid/or underground
wiring circuits to all electroliers within said property and any and all fees required for
undergrounding as provided in Ordinance No. 331 of CITY when the DEVELOPER is
notified by either the City Engineer or Pacific Gas and Electric Company and/or AT&T that
said fees are due and payable.
17.EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary for completion of the
Pro5cct shall be acquired by the DEVELOPER at his/her own cost and expense.
It is provided, however, that in the event eminent domain proceedings are required, the
Cn'Y for the purpose of securing said easement and right-of-way, that the DEVELOPER
shall deposit witl'i CITY, a sum covering the reasonable market value of the land proposed to
be taken and, to be included in said sum, shall be a reasonable allowance for severance
damages, if any. It is further provided that in addition thereto, such sums as may be required
for legal fees and costs, eigineering, and other incidental costs in such reasonable amounts
as the CITY may require, shall be deposited witli the City of Cupertino.
18.HOLD MESS
It is fiirther agreed that, comtnencing with the perforinance of the Work by the
DEVELOPER or his/her contractor and continuing until the completion of the maintenance
of the Work, the DEVELOPER shall indemnify, hold harinless and defend the CITY from
and against any or all loss, cost, expense, dai'nage or liability, or claim thereof, occasioned
by or in any way arising out of the perfonnance or nonperformance of the Work or the
negligence or willfiil misconduct of the DEVELOPER or the DEVELOPER'S agents,
employees and independent contractors, except to the extent any of the foregoing is caused
by the iiegligence or will'ful inisconduct of tl'ie CITY or tlie CIT/'S agents, employees m'id
independent contractors.
19.INSURANCE
It is fiirther agreed that: the DEVELOPER shall take out, or shall require any contractor
engaged to perfori'n the Work to take out, and maintain at all times during the performance
and maintenance of the Work called for or required to be done hereunder, a policy of
Page 8 of 11
insurance naming the CITY and members of the City Council of the City of Cupertino
individually and collectively, and the officers, agents and employees of the CITY
individually and collectively, as insured. Said separate policy shall provide bodily injury
and property damage covemge to the foregoing named CITY and individuals covering all
the Work perfonried by, for, or on behalf of said DEVELOPER. Both bodily injury and
property dainage iiisurance must be on an occurrence basis; and said policy or policies shall
provide that the coverage afforded thereby shall be primary coverage to the full limit of
liability stated in the declarations, and if the CTTY, its members of the City Council
individually and collectively, and the officers, agents and employees of the CITY,
individually and collectively, have other insurance against the loss covered by said policy or
policies, that other insurance shall not be called upon to cover a loss under said additional
policy,
The insurance carrier shall provide proof of their ratings. All ratings should be Best's Guide
Rating of A, Class Vll or better or that is acceptable to the CITY.
A. Each of said policies of insurance shall provide coverage in the following minimum
amounts: for general liability for bodily injury, personal injury and property damage
$1,000,000 each occunence, with an aggregate limit of not less than $2,000,000.
B. The DEVELOPER shall file with the City Engineer at or prior to the time of
execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing
policy or policies of insurance as shall be satisfactory to said City Engineer. Each such
policy or policies shall bear an endorsement precluding the cancellation or reductiori in
coveragc without giving the City Engineer at least ten (10) days advance notice thereof. The
CITY shall be shown as additionally insured on a separate "Additional Insured Owners,
Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the
evidence of said foregoing policy of policies of Insurance.
C. In the event that the Project covered herein should be mutually situated in or affect
the area of jurisdiction of a separate municipality or political subdivision of the State of
Califomia, the policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth herein and above for the
protection of the CITY shall equally apply to municipality and political subdivision.
D. DEVELOPER to use City supplied forms for proof of insurance and endorsements to
policy as specified above.
20.MAPS AND/OR IMPROVEMENT PLANS
It is further agreed that the CITY shall obtain the following map and/or plans at the
DEVELOPER'S expense:
A. A mylar blackline and five (5) prints of fully executed parcel map.
B. A mylar blackline and twelve (12) prints of fully executed improvement plans.
Page 9 of II
t
C. A scan in raster fonnat of all executed improvement plans and map.
D. One (l) % size prints of fully executed plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance deposit tlie
cost for all prints of plans and maps. If costs exceed the amount deposited the
DEVELOPER is required to pay actual ove;ra4;c prior to return of original plans.
Page 10 of 11
21.SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and
transferees of the DEVELOPERS. The assigi'iment of this AGREEMENa'I' shall not be made
without approval by the City Council of the City of Cupertino.
IN WI'INESS WHEREOF, CITY has caused its name to be hereui'ito affixed by its Mayor
and City Clerk, thereunto duly authorized by resolution of the City Council and said
DEVELOPER has hereunto caused their name to be affixed the day and year first above
written.
CITY OF CUPERTINO:
ved as to form:
City Attorney
City Clerk 'J
DEVELOPER:
erry Jin-Tzong Liu
Jeruiifer Fang Fang
Attach Notary acknowledgement
Page II of 11
CALNFORNNA ALL-PURPOSE
CERTNFNCATE OF ACKNGWLEDGMENT
State of Califori'iia
countyoeVtlaQ (:klFc(
(Here insert namc and lilic or ilic offiq
,) -)
who proved to me on tl'ie basis of satisfactoiy evidence to be tlie person(s) whose name(s) j'u/are subscribed to
the witl'iin instrument ai'id aclcnowledged to me tliat I/tliey executed the same in ltheir authoi'ized
capacity(ies), and tl'iat by h.r/their signature(s) on the instt-unient the person(s), or the entity upon bel'ialf of
wl'iid'i the person(s) acted, executed the instiument.
Icertify under PENALTY OF PERJURY under tlie laws of the State of Califoinia tlxat the foregoing paragraph
is true and correct.
7flTNES,S ,hand andofficial seal.
I r / '-
SignalurcofNo( : P b1ic
(Notary Seal)
o
z
ADDNTNONAL OPTNONAL [NFORMATJ[ON
DESCRIPTION OF THE ATTACHED DOCUMENT
iJ (Titlc or dcscription of attachcd docun'icni)
(Title or description of attaclied document continucd)
Nunnber of Pages Document Date
(Additional infonnalion)
CAPACITY CLAIMED BY T.E-IE SIGNER
€ Individual (s)
€ Corporate Officer
(Tiilc)
€ Paitner(s)
€ Attomey-in-Fact
€ Trustee(s)
€ Other
INSTRUCTIONS FOR COA4PLETTNG THIS FORM
.4iiii acbiosvled5pnent compJered in Ca7fin'nia must tontain sierbiage emcr5i OS
appear's above iii rhe nolary seclron or a separate acbyoix'led5pnent%n must be
proper'5i completed and arrached ro rhat documenr. The on7ii exceprirm is if a
document is to be recorded ortlside of California. Insucli 7iis/bncav, tin)i ahernmrve
adaioiiiedgrnent verbiage as mtr.)i be piinled r+n sucli a documem so long as the
>ierbiage does riot r'equire ihe 110/OI'll /O dosrnnethrng thtu is illegal for a rioicn-r iir
Calilr:rrnia 0.e. certifying rhe amhorr:ed capaciry of rlie sigrier). Please check tlie
docwnenr carefid6r for pr'olier norarial ii'ording and artach i/iis pnn i{ required.
State and County infonnation nuist be the State and County tii-}iere the document
signcr(s) pcrsonally appcarcd bcfore the notary public for aclaiowledgment.
Datc o[nolarizalion musl be the date that the signer(s) personally appeared wliid'i
must also be the samc datc tlic acknotvledgmcnt is complcicd.
The notary public must print liis or hcr namc as if appcars ivilhin his or lier
co+nuiission followed by a comina and ilien )iour title (notary public).
Print the na+ne(s) of document signcr(s) wlio personally appear at Jhc timc of
noliu'izalion.
Ii'idicalc llic COrreCt siiigular or plural forms by crossing off incorrect fomis (i.e.
be/shc/ is leae ) or circling Ihe corrccl forn'is. Failurc to correctly indicate tliis
information may lead to rcjcction or documcnt rccording.
The notary seal impression must bc clcar and phorographically rcproducitilc.
Impresbion nnist not cover text or lines. Tf seal impression s+nudgeii, rc-scal if a
suffiClent area pCT'nlltS. OthCnl'iSC Call)plStC a dllfCrClir acknosVlcdgn'lcni [01"In.
Signature of tlie notaiy public must match ibc signaturc on f'iic iviil'i lhc officc or
ihe county clerk.
'> Additional iifoi'nnatiou is not required but could help to ensure this
acknowlcdgmcnt is not n'iisuscd or auachcd to a dif'fcrcnt documcni.
* Indicatc iiilc or iypc of auiiched docuinent, numbcr of piiges and date.
* h'dica!c thc capacily clainicd by the signcr. ff tbc claimcd capacity is a
coi'pora(e officer. indicate the title (i.e. CEO. CFO, Secretar5Q.
Sccurcly attach this documcul lo llic signcd documcni
2008 VerSlOIl C.APA V12.10.07 800-873-986:) vi'inv.l';otagtClasscs.com
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
J--- - I 1 A 'i '-'- "'--" '-" -
personally appeared ( k-erl {Aj ffiNan'!(s) oi Signet(s)
who proved to me on the basis of satisfactory
evidence to be the person(%' whose name(d is/i
subscribed to the within instrument and acknowledged
to me that he/s)e/ti;i6y executed the same in
ffi comGmR.lAsC,lEonSC#HMl91D23Tl64 & his/h,l/tt)g'ir authorizea capacity(ieg), and that by
NOtSaaryntPaucblla,IcraccOaul,InfOtyrn,la :, pheisr/sho,d:/cforr stihgenaetunrteity(,dupoonn btheehalifnsOtfruWmhelnCth tthhee
W Hggm,5x;resHe5zlz015person(ffactediexecutedtheinstrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
Place Notary Seal Above
Signature:
OPTIONAL
Though the information below is not required by law, it may prove valuabie to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
TDle,esc0:tTpytipoen0foDf oActutamc:nted DOugm,,e,nt(
Signer's Name:
[1 Corporate Officer - Title(s):
] Individual
L] Partner - € Limited € General Top of thumb here
€ Attorney in Fact
€ Trustee
€ Guardian or Conservator
€ Other:
lutr
Document Date: l 2 0 l(
Signer(s) Other Than Named Above:7
Capacity(ies) Claimed by Stgner(s)
Signer's Name:
€ Corporate Officer - Title(s):
€ Individual
€ Partner - € Limited € General
€ Attorney in Fact
€ Trustee
€ Guardian or Conservator
€ Other:
WITNESS n'iy hand and official seal.
Signature of Notary Publii.
- I ', N-;
-;o'p':or-th-ur;b 'here"'
Signer Is RepresentingSigner Is Representing:
@ 2009 National Notary Association i NationalNotary otg x 1-EIOO-US NOTARY (1-800-876-6827)Item #5907
EXHIBiT "A"
LEGAL DESCRIPTION
5' WIDE STREET DEDICAT!ON
BEING A PORTION OF THAT CERTAiN PARCEL OF' LAND [)ESCRIBED IN DEED
DOCUMENT NUMBER 20730748, RECORDED JUNE 4, 2010,
SANTA CLARA COUNTYOFFlClAt RECORDS
(See Bay Land Consulting Dwg. N6. 10072-1 attached hereto and made a part hereof)
All that certain real property in the City of Cupertino, County ofSanta Clara, State of Ca)ifomia
described as follows:
A portion ofthat certain parcet of land described in deed document number 20730748,
recorded on June 4, 2010, Santa Clara County Officiai Records, more particularly described as
follows:
The Southerly 25,00 feet ofthe Westerly 4Q.15 feet of Lot 75,as shown uponthat certain Map
entitled "Map of Subdivision "A" of Monta \/ista, which map was filed for recor4 on April 11,
1917 in Elook"'P", page 20 of rriaps, Records of Santa Clara County, Catifornia and containing
1,003.75 squ.are feet, more o'r less.
END OF DESCRIPTION
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PORTION OF THAT CeR'TAIN PARCEL OF LAND DESCRIBED 0501(,411()(qIN DEED DOCUMENT N0. 2073Q7 48, RECORDED
JUNE 4,. 2010, SA%TA CLARA COUNTY OFFICIAL RECORDS PAGE 2 0F 2
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