HomeMy WebLinkAbout92-026 Reciprocal Access and Maintenance Agreement 92-026 RECIPROCAL ACCESS AND MAINTENANCE
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AGREEMENT
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Cit4 of Cuperti"o
10300 Torre Avenue
Cupertino,CA 95014-3255
Telephone: (408)2SZ-4505
FAX: 1408)252-0753
DEPARTMENT Of THE CITY CLERK
March 2, 1993
Nelson Chao
21621 Stevens Creek Boulevard
Cupertino, CA 95014
IMPROVEMENT AGREEMENT
Dear Mr. Chao:
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Nelson Chao, which has been fully
executed by City Officials, along with one (1) copy of Resolution No.
8832, which was enacted by the City Council of the City of Cupertino
at their regular meeting of Tuesday, February 16, 1993.
Sincerely,
DOROTHY CO EL S �
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
RESOLUTION NO. 8832
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO APPROVING FINAL PLAN FOR THE
IMPROVEMENT OF FRONTAGE LOCATED AT 21621 STEVENS
CREEK BOULEVARD (FORMERLY 10022 PENINSULA);
DEVELOPER, NELSON CHAO; AUTHORIZING THE CITY
ENGINEER TO SIGN THE FINAL PLAN, AND AUTHORIZING
EXECUTION OF AGREEMENT IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval of the final
plan for the improvement of street frontage located at 21621 Stevens Creek Boulevard by
Nelson Chao; and
WHEREAS, there has been presented to the City Council a proposed agreement
for the construction of streets, curbs, gutters, sidewalks, and for other improvements, and
good and sufficient bonds, fees and deposits as set forth in Ex' ibit "A", having been
presented for the faithful performance of said work and the carrying out of said
agreement; and said plan, agreement, and bonds having been approved by the City
Attorney;
NOW, THEREFORE., BE IT RESOLVED that said final plan for the
improvement of street frontage at 21621 Stevens Creek Boulevard is, hereby, approved;
and the City Engineer is hereby authorized to sign said final plan; and the Mayor and the
City Clerk are hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16thy day of_ February , 1993 by the following Grote:
Vote Members of the City Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
Resolution No. 8832
�! 1 EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: COMMERCIAL BUILDING
NELSON CHAO
LOCATION: 21621 STEVENS CREEK BOULEVARD(FORMERLY 10022
PENINSULA)
A. Faithful Performance Bond: $4,000.00
Four Thousand and no/100 Dollars
B. Labor and Material Bond: $4,000.00
Four Thousand and no/100 Dollars
C. Checking and Inspection Fee: $ 330.00
Three Hundred Thirty and no/100 Dollars
D. Indirect City Expenses: N/A
E. Development Maintenance Deposit: $ 500.00
Five Hundred and no/100 Dollars
F. Storm Drainage Fee: $ 324.00
Three Hundred Twenty-four and no/100 Dollars
G, One Yeas Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: Zone II N/A
ACCT#:480-416-022
K. Water Main Reimbursement Fee: N/A
L. Maps and/or Improvement Plans
As Specified in Item #23 of agreement
CITY OF CUPERTINO
• 1NTERDEPAItA. AL Date FEE. 16. 1993
To CITY CLERK _ From PUBLIC WORKS--SUMI
❑ Information MESSAGE: NELSON CHAO--21621 STEVENS CREEK BLVD.
❑ Implement APN 326-25-014 CC 2 16, 93
❑ Investigate �` --
❑ Discuss 1. THREE SETS OF IMPROVEMENT AGREEMENT FOR PROCESSING.
❑ See me 2. BOND IS ASSIGNMENT OF SECURITY ON FILE WITH FINANCE. _
❑ Reply
bin
attach. _
Reply: _ Nelson Chao
vd
Cupertino. CA 95014
SIGNED: DATE
Forward part I Retain part 2
AGREEMENT
21621 SrSVENS CRM BOD. (FMMMX 10022 )
AF'N #326-25-014
This AGREEMERr made and entered into this 7 day
Of au , by and between the CM OF
CCPERTM, a mtmi ipal corporation of the State of California, hereinafter,
designated as CITY, and NELSM CHAO hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, THE DEVELOPED' has made application to the ::IM For a
m I Trr FERU'r to construct and maintain A DIAL BIEIIDm
( .) hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specif icat .ons
prepared for the Project by FRANK D. OU3M a true copy of which
improvement plans and specifications are on file in the office of the City
Engineer of Cupertino; and
AREAS, the same are incorporated herein :w reference, the same as
though set out in full;
NOW, THEREFORE, said improvement plans and specifications shall be
hereinafter called the "Plans", and the work to be done under the Plans
shall be called the "Wank".
File: 51,956
WHEREAS, purest to the provisions of this ACFMMWr, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following sctmdule:
SCHEDULE: OF BONDS, FEES AND DEBITS
Sit Ircwovement Category:
PART A. Faithful Performance Bond: $ 4,000.00
PART B. Labor and Material Bond: $ 4,C00.00
PART C. Checking and Inspection Fee: $ 330.00
ART D. Indirect City Eq3 uses: $ N/A
PART E. Development Maintenance Deposit: $ 500.00
PART F. Storm Drainage Fee: $ 324.00
PART G. One Year Power Cost: N/A
PART H. Street Trees: By Developer
PART I. Map Checking Fee: N/A
PART J. Park Fee: ZONE II N/A
ACMV:480-416-022
PART K. Water Main Reimbursement Fee: N/A
PART L. Maps and/or Improvement Plans
As Specified in Item #23
2 File: 51,9%
NCFA, IMEREFURE, IT IS HEREBY MUM LLY AGREED by and between the
parties hereto as follows, TO WIT:
1. DMICATTON
A. The DEVELOPER offers to dedicate the real property shown on
Exhibit "A", which is attached hereto and made a part hereof by
reference. Said dedicated property shall be free and clear of all
liens or a=zdwanoes except those which the MY shall waive in
writing. The DEVELDPER agrees not to revoke said offer of dedication,
and to keep said offer open until the CITY accepts offer by
resolution.
S. Upon execution of this AMU AMUMERr the DEVE.u-JPER agrees to deliver
a properly executed grant deed to the CITY of the real property
described in Exhibit "A", and such other executed conveyances, or
moments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to
the City:
(1) A preliminary title report issued by a title insurance
company relating to the property offered for dedication.
(2 A standard policy of title insurance issued by a title
insurance company and insuring the CITY in the sum of: N/A,
and which shall shorn said property free and clear of all
liens or encumbrances except those as the CITY shall
expressly waive in writing; said policy shall be furnished
at the time of acceptance of dedication and recordation of
deed.
C. Upon the condition precedent that the DEVELOPER shall perform
each and every covenant and condition of this AGRMWiT, the CITY
agrees to accept said real property offered for dedication.
2. INSIAILMON 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 AQ2FEMERr, or such lonycr
period as may be specifically authorized in writing by the City
Engineer. In the event the DEVELOPER fails or refuses to cmplete the
Work within the specified period of time, the CITY, 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.
B. The DEVELOPER shall install and complete the Work, in a good and
workmanlike manner in a000rdanoe with the plans as approved by the
City Engineer of Cupertino. The Work shall be done in accordance with
existing ordinances and resolutions of the a= and in accordance with
all plans, specifications, standards, sizes, lines, and grades
approved by the City Engineer. The Work shall be dame in accordance
with all State and County Statutes applicable hereto. The decision of
the City Engineer shall be final as to whether any material or
workmanship meets the standards, specifications, plans, sizes lines
and grades as set forth.
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C. It is further agreed that the Work shall be done in accordance
with the most current Standard Specifications of the Department of
Public Works, California Department of Transportation, State of
California, and in accordance with the specifications of the Cupertino
Sanitary District where applicable.
Wherever the wards "State" or "California Division of Highways' are
mentioned in the State ,Vecificaticns, it shall he considered as
referring to the CITY of Cupertino; also wherever the "Director" or
"Director of Public Works" is mentioned, it shall be considered as
referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY, and/or the CLq)extino 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.
3. EXCAVATION PEM1IT
It is further agreed that the DEVELOPER shall comply with section
Three of Ordinance No. 130 of the CITY by obtaining an excavation
permit from the City Engineer before the commiencement of any
excavation in, on, or under the surface of any existing public street,
lane, alley, sidewalk, or other public place. It is further agreed
that the DEVELOPER shall notify the City Engineer of the exact date
and time when the proposed excavation is to ccamwice.
4. QUITCLAIM DEED
It is ft-ther agreed that the DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to
CITY authorization to extract water from the underground strata lying
beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed
and Authorization" in favor of CITY, when presented to him for
signature.
5. BONDS AND OTHER SECURITY
A. Upon the execution of this AGUE MU, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and
faithful performance of this AGUMMMT. The penal sum of said
faithful performance bond shall be the full cost of any payment to be
made under this ACC, the value of any land agreed to be
dedicated, and any improvements are to be made under this AST.
In the event that improve nents are to be made un lex this AGRMUM,
the DEVELOPER shall, in additicm to said faithful performance, file
with the CITY a labor and materials bond in a penal sum adequate to
assure full payment of all labor and materials required to construct
said imprcvemeahts. The amount of said bonds shell be as designated by
the City Engineer. said bonds shall be executed by a surety company
authorized to transact a surety business in the state of California
and must be approved by the City Attorney as to farm and by the City
Engineer as to sufficiency. In the event that the DEVELOPER shall
fail faithfully to perform the covenants and conditions of this
AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety.1 to
perform this ACTT or otherwise indennhify the CITY for the
DEVELOPER's failure to so do.
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B. In lieu of a surety bond, the DEVUJMnM may elect to seams this
Aft' by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified check payable to the order
of the City of Cupertino; or,
3. A certificate of deposit, or instrument of credit meeting
the requirements of Coot Code Section 66499 (b) or
(c) .
C. The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVECOM furnished the CITY with a surety band. In the event that
the DE4IE DM shall fail faithfully to perform the covenants and
conditions of this Ate, or to make any payment, or any
dedication of land, or any iiFrovements herein required, the CITY may
apply the proceeds of said security thereto.
D. No release of surety bond, cash depovit, check, or certificate of
deposit, shall be made except. upon approval of the City Comicil.
1. Schedule for bond and iid;urance release for paper bonds are
as follows:
A. Release of 90 percent of the faithful performance bond
upon aoc-Aqtanoe by City Council
cil
B. Release of the remaining 10 percent of the ormartoe
bond at one year from acceptance after all deficiencies have
been corrected and in the absence of any claim against such
bond.
C. release of the entire labor and material bond at six
months from acceptance after all deficienciez have been
corrected and in the awe of ary claim against such bond.
D. Liability insurance, provided by the developer to hold
the City harmless 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 in the absence of any
claim against such insurance.
2. Schedule for Bond and Insurance release for Cash, CD,
Set Aside Letter are as Fbllows:
A. please of 45% of bond upon acceptance by City Council.
B. please of additional 45% at six months frcm acceptance
after all deficiencies have been corrected and in the
absence of any claim against such bond.
C. Release of ruining 10% at oar year from date of
aocep�tanoe after all deficiencies have been corrected and in
the absence of any claim against such bawd.
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D. Release of the liability insurance, provided by the
developer or, contractor to gold the City harmless in the
event of liability arising from the subject project, at the
end of one year if all deficiencies have been corrected and
in the absence of any claims against such insurance.
E. No interest shall be paid on any security deposited with
the CITY.
6. CHBCKI G AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking, etc., incurred by CITY in
connection with said Project, and that DEVELOPER shall have deposited
with CITY, prior to execution of this AEI', the amount as set
forth herein at Page 2 (Part C.) . Should construction oast 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.
7. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to processing
these improvements, the aunt as set forth herein at Page 2 (Part D) .
8. MAP CHEC LNG FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this ACC, for office checking of final
map and field checking of street monuments, in compliance with Section
4s1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at Page 2 (Part I) .
9. DEVELOPMENT VAINTENANCE DEPOSIT
Tt is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this Act, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and cleaning during the construction period. The development
maintenance dit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or
materials appearing in said work during the period until release of
the surety bonds or other security permitted under paragraph 5.B by
the CITY.
Should the DEVELOPER complete the required repairs to the entire
satisfaction of the CITY, the unused balance will be returned after;
the: release of the surety band or other security permitted under
paracm-dph 5.B.
10. STORM DRAINAGE YEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
Prior to execution of this AGRWg3U, a storm drainage charge in
connection with the said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the ammmt as set
forth herein at Page 2 (Part F) .
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11. WATER MAIN EXTENSIC N DEPOSIT
The DEVELOPER further agrees tv deposit with the CITY those monies
required to ooanply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until
said monies are rimed to implement inq3ravements outlined by the
Director of Public Works or imps outlined within the adopted
Water Master Plan.
The amount shaven herein at Part K, Page 2, shall .`je the full amount
due.
12. ME YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to the CITY prior to
execution of this AGREEMENT, the amount as set forth herein at Page 2
(part G) , which amount represents the power cost for street lights for
one year.
13. THE 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 tree shall be
selected fraan the City approved list.
14. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or
dedicate such land to the CITY, prior to execution, as is required
within Section 18-1.602 Park Land Dedication, Cupertino Municipal
Code, and which is further stipulated under Part J, Page 2 herein.Fees
are also in accordance with action adopted by the City C=icil on
March 19, 1991 and Chapter 14.05 or Section .18-1.602 of the Cupertino
Municipal Code.
15. MAINTERANCE OF W0RK
It is further agreed that the DEVELOPER shall mahitain 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, inmediately 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.
16. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, a letter from the Cupertino Sanit iry
District stating that the DEVELOPER has entered into a separate
AGREEMENT with the said District to install sanitary sewers to serve
all lots within said Project and stating that a bond to insure full
and faithful performance of the construction of the said sanitary
sewers and to insure maintenance of said sanitary sewer in conformance
with the provisions as set forth in Paragraph 15 above has been filed.
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17. GOVERNMENT ODDE
It is further agreed thac DEVELOPER shall f ile with CITY, upon
execution of this AGRMGM, substantial evidence that all
provisions of Section 66493, Article 8, Chapter 4 of the Gove nm nt
Code, pertaining to special assessments or bonds, have been conplied
with.
18. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY,
upon execution of this AGPlMUM, a letter from the Central Fire
Protection District of Santa Clara County, stating that the
DEVELOPER has entered into an AEI' with said District to
install fire hydrants to serve said Project and stating that all
necessary fees have begin deposited with said District to insure
installation and five (5) year rental fee of said hydrants.
19. PACIFIC GAS AND ELBCTRIC/PACIFIC BELL
It is further agreed that the DEVELOPER shall pay to Pacif is Gas
and Electric Ccatpany and/or to PACIFIC RE LT Coatpany any and all fees
required for installation of overhead and/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 DEVELOPER is notified by either the City Engineer or the
Pacific Gas and Electric Cwpany and/or Pacific Bell Ccupany that
said fees are due and payable.
20. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-,way necessary
for completion of the Project shall be acquired by the DEVELOPER at
his awn cost and expense.
It is provided, however, that in the event eminent domain
proceedings are required the CITY for the purpose of securing said
easement and right-of-way, that the DEVELOPER shall deposit with
CITY a sum covering the reasonable market value of the land proposed
to be taken and to be included in said sun shall be a reasonable
allowance for severance damages, if any. It is further provided
that in addition thereto, such suns as may be required for legal
fees and costs, engineering, and other :incidental costs in such
reasonable amounts as the CITY may require shall be deposited with
the City of Cupertino.
21. HOLD HA10EJ S
It is further agreed that, commencing with the performance of the
Work by the DEVELOPER or his contractor and continuing until the
eoupletion of the maintenance of the Work, the DEVELOPER shall
indemnify, hold harmless and defend the CITY from and against any or
all loss, cost, e)goense, damage or liability, or claim thereof,
occasioned by ca in any way whatsoever arising out of the
performance or nonperformance of the Work or the negligence or
willful misconduct of the DEVELOPER or the DEVELOPER'S agents,
employees and independent contractors, except to the extent any of
8
the foregoing is caused by the negliger-ce or willful misconduct of the
CITY or the CITY's agents, employees and independent ocxttractors.
22. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or shall
require any contractor engaged to perform the work to take Out, and
maintain at all times during the performanoe and maintearnce of the
work called for Or required to be done hereunder, a policy of
insurance naming the CITY and members of the City Council of the City
of Cupertino individually and collectively, and the officers, agents
and employees of the CITY individually and collectively, as insured.
Said separate poliq.p shall provide bodily injury and property damage
average to the foregoing named CITY and individuals covering all the
Work performed by, for, or on behalf of said DEVELOPER. Both bodily
injury and property damage insurance must be on an cKcurrence basis;
and said policy or policies shall provide that the coverage afforded
thereby shall be primary coverage to the full limit of liability
stated in the declarations, and if the city, its members of the City
Council individually and collectively, and the officers, agents, and
employees of the MY, individually and collectively, have other
insurance against the loss covered by said policy or policies, that
other insurance shall be excess insurance only.
The insurance carrier shall provide proof of their ratings. All
ratings shall be a minimum of "Best A-711 in aa^ordance with ABAG
policies.
A. Each of said policies of insurance shall provide coverage in the
following minimum amounts: For bodily injury, $100,000 each person;
$300,000 each oocurrenoe, property damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution, of this 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
shell bar an endorsement precluding the cancellation or reduction in
coverage 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
evidenL a 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 jurisdicticn of a separate
municipality or political subdivision of the State of California, the
policies of insurance required Herein and above shall co-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision.
23. MAPS ANDjOR 116ROVEMU PIMS
It is further agreed that the CITY shall obtain the following map
and/or plans at the DEVELOPER'S expense:
9
f
A. A mylar sepia and seven (7) prints of fully aftaaated parr.1
vap-
E. A mylar sepia and ten (10) prints of Rally wacuted
fnI r wewwt plans.
C. A direct duplicating silver native microfilm apt
card of all eww.*ted inprovement plans and nW.
The DEVECClDPM agrees to pay the CITY from the development maintenance
deposit the vast for all prints of plans and map required tntler Item
23.
24. SUCCESSCRS
This mod' shall bind the heirs, administrators, emeaatars,
successor, assignee and transferees of the DVTELCpM. The assignment
of this AGRMUM shall not be made without approval by the City
Cou:ncil of the City of Cupertino.
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AML-PURPOSE ACKNOWLEDGMENT NO 209
State of CAPACITY CLAIMED BY SIGNER
INDIVIDUALS)
County of; etc rya _
� ❑ CORPORATE
On _ h 'i1�� OFFICER(S)
before ,
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DA TF NAME TITLE OF OFFICER-E.G.,•JANE DOE NpTARY PU8!IC-
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personally appeared._r t,,tt _ � ,� c� v ❑ ATTORNEY-IN-FACT
ACT
0�SIGNMS} ❑ TRUSTEE(S)
❑ personally known to me-OR- 9- iroved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person( whose name(,e') is/ate
a<
subscribed to the within instrument and ac-
knowledged to me that he/shelhey executed ❑ OTHER:
{ �6otoao�cr�cc�tx� n" the same in his/hes:2beir authorized
OFFICIAL SEA-, capacity(ies), and that by his/hor-44eir — —
ROBERTA ANN WOLFE signature(s)on the instrument the person(s'), —
; 6 NOTARY PubLtc ^L' XNtl' or the entity upon behalf of which the person( SIGNER IS REPRESENTING:
SANS-fA C1.APA COU' acted, executed the instrument. NAME OF PERSONIS)OR ENTITY0ES)
Y Commission Ex;•;cs j,,c
M _ Witness my hand and official seal.
trT`
SIGNATURE OF NOTARY
ATTENTION NOTARY:Although the Information requested below Is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document./
THIS CERTIFICATE Title or Type of Document 4 .� > c >t
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages___ __ Date of Document_ 7 7— T
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above -7,y _
u^t 991 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.-P.O.Box 7184-Canoga Park.CA 91304-7184
o
a
IN wrness WHEFteDF, Cn Y has caused its name to be hereunto aff ixed by
its Mayas said City Clerk, gotta duly authorized by resolution of. the
City Coil and said DES has hereunto caused his nam to be affixed
the day and year first above written.
CITY OF CUPFRr=:
Appmved as to farm: L f C.
Mayan 7
Caty Atty City Clerk
DEVELOPER:
V it
r�
Notary Acknowledgment Required
Exhibit A Attached
11
o^'`C7FQ�h1eE
+ � NO �'EE IN 'J t 03 5 v Z
r AL-AUCESS AND MAINTENANCE AGREEMENT �
.; This Reciprocal Access and Maintenance Agreement is entered into this /,F.. day
of r t g,,fey- , 1992, between NELSON CHAO and INGRID CHAO(herein referre J to
as"CHAO"), JOSEPH BROWN and VERA BROWN, individually and as Trustees of that
certain Intervivos Trust dated January 14, !986, (herein referred to as "BROWN"),
MICHAEL PERICLIS (herein referred to as "PERICLIS"), MONTE VISTA 03
ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP, (herein referred to as
"MONTE VISTA"), ROBERT R. STIMACH and MARY RADIN STEWACH, Husband
and Wife as Community Property as to a 50% interest and RICHARD C. BARRANCO
and ANNA RADIN BARRANCO, as Trustees of the BARRANCO FAMILY TRUST,
Dated July 13, 1990, as to a 50% interest all as Tenants in Common (herein referred to as
"STIMACH-BARRANCO").
RECITALS
(A) CHAO is the owner of the property described in Exhibit"A" attached hereto and
incorporated herein.
(B) BROWN is the owner of the property described in Exhibit"B"attached hereto and
incorporated herein.
(C) PERICLIS is the owner of the property described in Exhibit"C" attached hereto
and incorporated herein.
(D) MONTE VISTA is the owner of the property described in Exhibit "D" attached
hereto and incorporated herein.
(E) STIMACH-BARRANCO is the owner of the property described in Exhibit "E"
a..achicd hereto and incorporated herein.
(F) The parties desire to enter into this Reciprocal Access and Maintenance Agreement
on the terms hereafter set forth.
AGREEMENT
(1) CHAO, BROWN and PERICLIS hereby grant to each other and to the other parties
hereto a reciprocal easement for ingress and egress over an area eighteen (18')feet
wide as shown on the attached plat map marked Exhibit "F", hereinafter the
"Easement Area". This easement does not include the right to park on any portion
of the easement, nor on the areas immediately adjacent to the easement. Each party
retains full control over all parking on their own respective properties.
(2) Each of the parties agrees to share in the cost of all maintenance and repair in the
area shown on Exhibit"F" in the following proportions, which is based on square
footages of the parties' respective buildings:
CHAO Property(Exhibit"A') 16%
BROWN Property(Exhibit"B") 18%
PERICLIS Property (Exhibit"C') 17%
MONTE VISTA Property(Exhibit"D") 43%
QRN%I G INA L S' IMA`H-BARRANCO Property(Exhibit"E") 6%
Phmtographic ir:` -3ge may be
A.Access-Maintenance.5 poor due to condition of
original document.
M42 � G� 1179
Pursuant to the terms of Resolution No. 4400 of the City of Cupertino, CHAO is
obligated to pay for the initial improvements for the entire former Penninsula
Avenue right-of-way abandoned by the City of Cupertino.
(3) The owner of the CHAO property (Exhibit"A") shall be the Administrator of the
Easement Area for the purpose of this Agreement only. The Administrator shall
each year, between April 1st and June 30th report in writing to each of the other
parties hereto his/her/its recommendations for maintenance and repair for the
Easement Area for the forthcoming year commencing July 1st. Each party may, if
they choose, propose alternative plans. The five owners shall each vote for one of
the proposed plans and the plan which receives the most votes, (with each property
owner having a vote based on their percentage of obligation described in paragraph
(2) above), shall be the plan for the coming year. Each plan shall provide for fair
and equitable maintenance and repair of the Easement Area.
(4) The Administrator shall enter into a contract for the maintenance and repair, and
each party shall pay their share of the costs as described in paragraph (2) above.
Payments shall be made to the Administrator. The Administrator shall not be
entitled to charge any fee for their services as such Administrator.
(5) In the event of any dispute of any nature among the parties hereto as to whether the
maintenance plan is fair and equitable, whether any party has paid its share
hereunder, or any other matter, then the parties agree to submit said dispute to
binding arbitration under the Commercial Arbitration Rules of the American
Arbitration Association and judgment may be entered on any award. The Arbitrator
shall award costs including its fee and reasonable attorney's fees to the prevailing
party or parties, as the Arbitrator shall decide in its discretion.
(6) All notices required or permitted hereunder shall be deemed properly given if
deposited, postage prepaid, in the United States mail,addressed as follows:
NELSON CHAO and INGRID CHAO �, T, C
10222 Peninsula Avenue ..
Cupertino, California 95014 '
JOSEPH BROWN and VERA BROWN
P. O. Box C
Cupertino, California 95014 -
MICHAEL PERICLIS
10014 Peninsula Avenue
lJ �
Cupertino,California 95014 ,
MONTE VISTA ASSOCIATES
c/oDOUG HEAL.EY `-Z;
Cupertino Capital,Inc. `J
21605 Stevens Creek Boulevard a
Cupertino,California 95014
ROBERT R. STIMACH and MARY RADIN STLMACH
21617 Stevens Creek Boulevard
Cupertino,California 95014
-2-
A.Access-Maintenance.5
M442 ?NG . 1 80
RICHARD C. BARRANCO and ANNA RADIN BARRANCO
• 21617 Stevens Creek Boulevard
Cupertino, California 95014
(7) This Agreement shall be recorded and shall constitute mutual, enforceable
covenants, conditions and restrictions affecting each property described herein.
This Agreement may be anr(• Ided only with the written consent of the owner of
each property described herein.
(8) Continuing Coo r�at'on. Each parry to this Agreement shall be obligated hereunder
to do such other and further acts,including without limitation, the execution of any
documents or instruments which may be reasonably necessary or convenient in
carrying out the purposes and intent of this Agreement.
(9) Governing Law This Agreement has been negotiated and entered into in the State
of California, and shall be governed by,construed and enforced in accordance with
the laws of such State.
(10) Time gf Essence Time is expressly declared to be of the essence of this Agreement
and of every provision hereof in which time is an element.
(11) Waiver and Amendment. No breach of any provision hereof can be waived unless
in writing. Waiver of any one breach of any provision hereof shall not be deemed to
be a waiver of any other breach of the same or any other provision hereof. The
provisions of this Agreement may be altered, amended,or terminated, in whole or
in part,only by written consent of all the parties bound by this Agreement as of the
time of such alteration,amendment,or termination.
(12) Number and Gender. Whenever the singular number is used herein and when
required by the context, the same shall include the plural, and the masculine,
feminine and neuter genders shall each include the others, and the word "'person"
shall include corporation, firm, partnership,joint venture,trust or estate.
(13) Entire Agreement. This instrument constitutes the sole and only agreement of the
parties hereto and correctly and exclusively sets forth the rights, duties and
obligations of each to the other in relation thereto as of its date. Any prior
agreements, promises, negotiations orepresentations concerning its subject matter
not expressly set forth in this Agreement are of no force or effect.
(14) Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one
and the same instrument and will become effective and binding upon the parties at
such time as all of the signatories hereto have signed a counterpart of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date first written above.
KELSbN C iNGRID CHAO���
-3-
A.Access-Maintenance.5
M442PAG6C1
JOSEPH,BROWN— " VERA BROWN
MONTE VISTA ASSOCIATES,a
California General Partnership
- fvftCHAEL PERI , S By:
Its: —
ROBERT R. STIMACH MARY STIMACH
RICHARD C. BARRANCO ANNA RADIN BARRANCO
. ' -4-
A.Access-Maintenance.5
LL-PURPOSE ACKNOWLEDGMENT
State of =-. --- - • ____ "; Js fr �; , r_ I ( ^ CAPACITY CLAIMED BY SIGNER
f - -- ( �
County Of - orl(-{�`� ❑ INDIVIDUAL(S)
❑ CORPORATE
y On - before me.., ' ( _ OFFICER(S)
DATE .AraF - - 'c -�u••Fa t•.; '-A+EDOE N.rApJppBtIW-
PARTNER,
personally appeared _ ___--_.---------__._.-, t ❑ ATTORNEY-IN-FACT
`.�. •E:> CIF sGNER,, ❑ TRUSTEE(S)
❑ personally known to me - OR - proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person(�f whose nameN is.lafe ❑ GUARDIAN CONSERVATOR
subscribed to the within instrument anti ac-
knowledged to me that he,shelthey executed 0 OTHER. ----------_ _ ._ -_---_-___
the same in his/he4t4air authorized
I - ° s` '`nLEE capacity(ie-s), and that by hlsfhef"their
signature( on the instrument the person(S), ----
s�r��.� cI;�tzr. �` t or the entity upon behalf of which the person(t) SIGNER IS REPRESENTING:
My Commission Ex IrosJen� 11 ?`.>;.o C
' acted, executed the Instrument. NA/ME Of PERSON(S)OR ENTITYttES)
/Yf•,, y, j 1.'r \ Y�` ::�
Witness my hand and official seal. —
4 Ye 5
SIGNATURE OF NOTARY
ATTENTION NOTARYY:Although the Information requested below Is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document.
o
• THIS CERTIFICATE Title or Type of Document Z:
MUST BE ATTACHED __ t. ,
TO THE DOCUMENT Number of Pager — -, Date of Document _- . 'G_ 77
DESCRIBED AT RIGHT;. Signers) Otherjhan Named Above
w
}
1991 NATION♦L NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Carroga?ark,CA 91304-7184
'ALL-PURPOSE ACKNOWLEDG MIEN? NO 209
1
State of �,' r_, _ CAPACITY CLAIMED BY SIGNER
/County of � INDIVIDUAL(S)
_' t., f• � t- i ---- �
❑ CORPORATE
On before me,. 1%, x• _ / OFFICER(S) - - --- ------
DATE ---_ �w NAME.TOLE OF OFFICER E G 'BANE DOE.NOTARY FUBLI(,- TITI.E(S)
❑ PARTNER(S)
personally appeared
❑ ATTORNEY-IN-FACT
NAMGiS)OF SIGNF.R(S) ❑ TRUSTEE(S)
❑ personally known to me-OR- proved to me on the basis of satisfactory evidence
4 ❑ SUBSCRIBING WITNESS
to be the person( whose name(Sr� is/are-
s'IbSCrlbed to the within instrument and ac- ❑ GUARDIAN'CONSERVATOR
knowledged to me that hel_4o4h y executed ❑ OTHER:
the same in his/haf 4hetr-authorized _
'�' cc�cc��c�cc�ciccacc� c�cc�^v,�J c�,cc capacity(iss), and that by his/bwAbeir —
� OFI"I C IAL S Al, signature('on the instrument the person(o)', — --
ROBf R TA ANN V OLPE or the entity upon behalf of which the person($) SIGNER IS REPRESENTING:
NOTARY PU81LIC-C I I �.MINI acted, executed the Instrument. NAME OF PERSON(S)OR ENTITY(IES)
SANTA CLARA C0jN)!; �
My Commission Expire; Jt,n� 11, iy3 Witness my hand and official seal. -
'Ga1G?�t;N Gal G?:?t,l�.'t;?:,'G)v:,TJGuf;t:;Ga:>•.,)•;;u, ...
SIGNATURE OF NOTARY r
ATTENTION NOTARY:Although the information requested below Is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document
THIS CERTIFICATE Title or Type of Document _ �.,�: y r",� �a�z_ti ?)" �,�1 r. > , ._71-
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages �` Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
1'1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave •P 0 Box 7184•Canoga Park,CA 91304 7184
r
ALL-PURPOSE ACKNOWLEDGMENT � � NO209
l 83 CAPACITY CLAIMED BY SIGNER
. State of
County ofDIVIDUA>lsl
rI ❑ CORPORATE
OFFICER(SI
On _ ''-_�- 'G'_ before me. �"_. c `u � ,t
DATE `_.._._____.-..__ ,,tv c OF OFFILEn "c G "AtaE_.E v:'7AR �. C. TITLEiS
,7 ❑ PARTNER(S)
personally appeared = a ,r'=_-.---�-'C< l"r1? ,r_ ��_ �_ ❑ ATTORNEY•IN.FACT
btONFR S, ❑ TRUSTEE(S)
❑ personally known to me-OR- gproved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person("hose namefs) Isla% ❑ GUAADIAN'CONSERVATOR
subscribed to the within instrument and ac-
knowledged to me that hershe -executed ❑ OTHER:
,� the same in h4s�herlt.be4--euthorized
capacity(ic*, and that by -hislhecthe04
signatures)on the instrument the person(.$), —
( or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING:
LI ,A C L � 6 acted. executed the instrument. NAME OF PERSON(S)oR ENT TYlIES)
My Commissio, Ex,ji,e>June 11`1y�s Witness cry hand and official seal. —
:, a ;:,acr: .
SIGNATURE OF,'NOTARY
ATTENTION NOTARY:Although the Intorm[Ion requested below is OPTIONAL,It couirt prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Si ner(s) Other Than Named Above
1997 NAT,"AL NOTARY ASSOCIATION-8236 Remmet Ave.•P.O.f'ax 7 t84-Canoga Park,CA 91304-7184
ALL-PURPOSE ACKNOWLEDGMENT NO 209
State of_�_4 f f} __ _ CAPACITY CLAIMED BY SIGNER
1 (1NDIVIDUAL(S)
County of -
U, ❑ CORPORATE
r f r4 r' OFFICERS) — —
On .�_� _ _before me J , �_� �_� -TITLEIai
OA1E NAME.TITI.c Or OFFICER E Ci "JANE DOE_ NO PUBLIC'
❑ PARTNER(S)
personally appeared_ - 1'. I r _{_ i _ ❑ ATTORNEY-IN-FACT
NAMEISI OF SIGNER(S) ❑ TRUSTEE(S)
❑ personally known to me-OR - ( proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person(s) whose name(s)-is/are ❑ GUARDIAN/CONSERVATOR
subscribed to the within instrument and ac-
-�rc�� c�, knowiedged to me that-he/she/they executed ❑ OTHER:
oi'i ?CiA1 SEAL the same in his af4their authorized
IRcraE la aNra woIFE " capacity(ies', and that by his/her/their
° / ia7r,1;Y PUFuC-CALIFORt�I.A c signature(s)on the instrument the person(s),
SANTA CLARA COUNTY or the entity upon behalf of which theperson(s) SIGNER IS REPRESENTING:
My Commissicn Expires June 11, 1993 acted.. executed the instrument. NAB PeRsoNts,OR ENnrvoesl
-
Witness rr y hand and official seal.
SIGNATURE OF NOIARY
ATTENTION NOTARY:Although the intormaUon requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document 11 l J ` e La r �� r �_l'1 `' U 04-11- ,e,_
MUST BE ATTACHED Number of Pages_ / —�— Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(t,' Other Than Named Above
ai 1991 NATIONAI NOTARY SCJCIAIION-9236 Remmet Ave -P.O.Box 7184•Canoga Park.CA 91304-7184
ALL-PURPOSE ACKNOWLEDGMENT GENT � � NO za9
State of� I4 (� 2 • It L
CAPACITY CLAIMED 9Y SIGNER
O INDIVIDUAL(S)
County of, �-�•�- r -_ - '
❑ CORPORATE
/ DA'iE?, J ` _-. �hd11E TiT:E.C.UcFil.•4E1 .'Jf NF DUE.NO.ARy PUBLIC-• ` OFFICER(S) -_.._._._..-.
On� _�,��_before me,
_ T1TLE+5,
❑ PARTNER(S)
personally appeared ❑ ATTORNEY 1N FACT
NAME S OF>uaER'S' ❑ TRUSTEE(S)
❑ personally known to me-OR- [ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESSto be the person(s) whose name�sf isfare
subscribed to the within instrument and ac- ❑ GUARDIAN:CONSERVATOR
knowledged to me that hetsho4hoy executed ❑ OTHER:
c�-c�cx�cococc�c.<^ the same in his/hef4heir- authorized �V
OFF.ICJAI, S[ 1L capacity(ies), and that by hisihef/4he+r _
ROBEIRJA ANN � C E ignatureA)on the instrument the person(§3.
or the entity upon behalf of which the person(Ay- SIGNER IS REPRESENTING:
-1 SA'dTA Ct Y l �OUI`:fY NAME OF PERSON(S)OR ENITITY{IES)
acted, executed the instrument.
My Commission 'Expires tune 11, 19,13 `v
, ,� , ,, ,„ ,,,- 6 Witness my hand and official seal.
SIGNATURE OF NOTARY I
• ATTENTION NOTARY:Although the information requested below is OPTIONAL,It co.ildlprevent fraudulent attachment of this certificate to unauthorized document.
1 THIS CERTIFIOATE Title or Type of Document�ti.��� �,-�-
MUST BE ATTACHED r -)
TO THE DOCUMENT c G—_
Number of Pages /_ �_ Date of Document_ __ _� _�.
DESCRIBED AT RIGHT: Signer S) ther Than epd.,Above r D 7�,�t_ - �-
1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Lox 71 o4•Car"a Perk,CA 91304-7184
ALL-PURPOSE ACKNOWLEDGMENT NO209
St2'e of_ �! < �_�_- CAPACITY CLAIMED BY SIGNER
�Q INDIVIDUAL(S)
County of 1 -� !\
_ 1 ❑ CORPORATE _ - ----On before me, -
y'� ' /- l / l ' r" OFFICERS) . _______
= Z _ _�Cr=� a__z r , - ( '
DATE NAME.TITLE OF OFFICER-E G "JANE DOE.NOTARY PUBLIC' TITLE(S)
❑ PARTNER(S)
A. � I
personally appeared i' r �_c c� 1 ��, c _; ____� I ❑ ATTORNEY IN FACT
`�� NAME(G)OF SIGNER(81
,.,1 ❑ TRUSTEE(S)
❑ personally known to me- OR- t�l proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the personte) whusP namew is/are
subscribed to the within instrument and ac-
knowledged ❑ GUARDIAN/CONSERVATOR
to me thatbe/she/they executed ❑ OTHER: ------------_--
c�toco�ococ���( � the same in 44e/her/t4e4r authorized
OtF1Ct:1L capacity( , and that by #�islherltkeii
ROSERTA ANN WOLF E si nature(Kon the instrument the erson(4), —
9 P
NOTARY cueur.-cnuForNIA ic� orthe entity upon behalfofwhichthe erson � SIGNER IS REPRESENTING:
`Se e y P ( NAME OF PERSON(S)OR ENTITY(IES)
v SANTA CLARA COUNTY ry, acted, executed the instrument.
G My Commission Expires !u1;e 11, 19,23
Witness-any hand and official seal. ----
i
/ Y
SIGNATURE OF NOTARY
ATTENTION NOTARY:Although the Information requested below is OPTIONAL,it coyW prevent fraudulent attachment of this certificate to unauthorized document,
THIS CERTIFICATE Title or Type of Documents c ►c:_ �' -� '�' ' �KL
MUST BE ATTACHED 3
TO THE DOCUMENT Number of Pages � —_. Date of Document '
DESCRIBED AT RIGHT: Signers} Cher Than,Named ve /
1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Perk,CA 91 304-71 84
ALL-PURPOSE ACKNOWLEDGMENT NOM
State of
4 CAPACITY CLAIMED BY SIGNER
? Pit cE
County of 12i INDIVIDUAL(S)
0 CORPORATE
On before me, OMCER(S)
1111_EiS�
0 PARTNER(S)
personally appeared ;j [3 ATTORNEY-IN-FACT
personally known to me OR C3 NA Sf6NFR,S 0 TRUSTEE(S)
L�_-Iproved to me on the basis of satisfactory evidence 0 SUBSCRIBING WITNESS
to be the person(s) whose name(s)-is/are subscribed to the within instrument and ac-
0 GUARDIAWCONSERVATOR
0 OTHER-
knowledged to me that heilaltife/they executed
the same in !their authorized
r,0X':-RTA ANN WOLF!,: capacity(ies), and that by hisiheritheir
L
j twq,I,',F' �,i C signature(s)on the instrument the pqrson(s).
SANTt, CLARA COUNITY 5Z orthe entity upon behalf of which the person(s) SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
My Cjrri 6 acted, executed the instrument.
issicrj Lxp jes June 1,t, 1993 11
Witness my,tiand and official seal.
'7
'77
SIGNATURE OF NOTARY
ATTENTION NOTARY:Although the intormation requested below is OPTIONAL,it cou�,,prevent fraudulent attachment ol this certificate to unauthorized owument
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages I Date of Document_�_ — ! y ZlDESCRIBED AT RIGHT: SqMr(s) Other Than Named Above
1991 NATIONAL P401 ARY ASSOCIATION-$236 Remmol Ave. P 0 Sox 718 -Cano"Paint.CA 91304-7184
A N ALL-PURPOSE ACKOWLEDGMENT NO 209
State of _ 2 CAPACITY CLAIMED BY SIGNER
County of INDIVIDUAL(S)
,�
0 CORPORATE
On before me. OFFICER(S)
TlTLE(S)
DATE NAME TITLE OF OFFICER E G _j;K_DNOTARY PLIB(IC"
C] PARTNER(S)
personally appeared Z_ [I ATTORNEY-IN-FACTi /
NAMF(Si Of:56-NERiSi 0 TRUSTEE(S)
[I personally known to me-OR - proved to me on the basis of satisfactory evidence [] SUBSCRIBING WITNESS
to be the person( whose name( is/are 0 GUA9DIAN/GONSERVATOR
subscribed to the within instrument and ac-
knowledged to me that he/sl4@4hoy-executed 0 OTHER.
the same In his/haTAb4i;- authorized
,71 OFFXU\J� C capacity(ies), and that by his/ho;4Uiek
"N NYC"Lyf
ROBEERTA AN G
signalve(*on the instrument the person(q�,'
CAUFOR.41A
N3TARY PU6LIC C, or the entity upon behalf of which the person(s) SIGNER IS RE
PRESENTING:
SANTA CLARA COUN I y NAME OF PERSONiS)OR ENTITY(IES)
g acted, executed the instrument.
My Commission Expires June 11,1993
Witness 7y hand and official seal.
X/
SIGNATURE OF NOTARY
ATTENTION NOTARY:Although the information requested Wow is OPTIONAL,it cQ�ld prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICAYE Title or Type of Document,,— ' JJ 4*,
MUST BE ATTACHED I
TO THE DOCUMENT Number of Pages Date of Document fZ_
DESCRIBED AT RIGHT: Sigr}er(s) Other Ti,qn Named ove).
1991 NATIONAL NOTARY ASSOCIATION-8236 Romrw Av* P 0 So.7184-CarxW Park CA 91304-7184
oil 11
Serrano"Ova"o.w,
1072SOPS
*MIN aseasws«w sa
wommm
yam ova 6 I==cm "V 1,so
l.caft cam. ®►i901e WA
•
aaea•aesve""awes.as•ee•aleeara vee«�ao
Grant Deed
>� tl�aa taafefo
� � nbatae aaaa r
t 1 am*"w ft4 Mtn a tab mere It a1 1 aw "•to"Am lewaa er ow d aroatawum aw aarsass Mum es attl
a e I mmwowmw efaa t Xi Haar af... lQ..._.,____....._._�...--.e.
�AAWAIW A'IIli.no*t of*Jib is 9amW uUme9aft 4 �
KCIAW It. SUYi4R CAND ng W►911e1t W 8aflM40, husl amd waA Wile ry
-,a
`y hwftARWTIDD 10 HUMI Cm Aa0 MUD ow" hulmm ow wlto n
as eocsNuty$caper w
CJ
Wt eaa/eef M 00 C>>,tY of 'L714fUM0, SAN$A CAM c"mr.late s/CalJefaie,feat
ttt NO I;a lUt A AttssrAW hereto sat9 Mule a Jett hereof. »>
RECORDER'S MEMO
FAINT WRITING, T` PH'41G, CARBON
COPIF.S OR DCT t.t: T R,X PRINTERS
AfJAKE POOR PHO Ok'331 APHIC RECORD
OW Us wauannee b
Mint—
Daft Ameia_S mbA 109e
ef4T9 ell CAUMMA RIt]W h. Se71uE1
W mat btlWraq m retetwepr0
•Wmm tb6b b rise ow qee tkafip/ 7!eYseat+l It Q/ti�l:s
„„ —midu�d,,.. �tl�tSasd n9s
v.1101"m owe
afi ml b b Be owws,$vbw aar as •e"•
ealaaeaM/ Ia am WVAN aateasaaaa ease aNwr. I abet
--3�i1oLAwaeaf me am""fa m q bmw wt w&,w awt
No
(!t(� I�t0A1tA A.11liJ�S�tgE�
t ��r��1i
A4wf! mm •sea SIAtleeb"Af DfifCm AIM
EXr`"isBIT ';A
f.NI'T W
The land toasted to Mrsln is altustod In the state s-
of "lifor*is, County of sense Clare, city of Cupertino �-
(and to described as follows) N
r-*t
Wr ad and 37 s* flock 2, as shown on that cartel* letpp
entitlod, *PAP Of MONTA VJBTA W111#7 Abs97IION40 vhlsh 1tap was "J
filed for record to the *else* of the "corder of the county
of yenta Clare, state of California an April Il, 19I7
In cook •Po of Paps, at roosts$ 2I.
Racepting teas sold Lot 17 that portion thorsof described as
follows$
$261011IPA at the latseseetson of the Northeast*ray lift of
Peninsula ioulavard with the dividing line bstween Lots It
and Is to sleet 3, ea *horn upon the Pap hersinabove rstarred
to and running thence Worthwest*rly along the said thotth*aeterly
line of Peninsula Muleverd, IO tact$ thsne* Northeasterly
end ppm�ro13o3 with sold dsvidiaog line between said Lots 11
end 3a, 100 feet to the Uorthosst*rly line of sand Lot 17j
then@* southwesterly and along the Northeasterly line of
said Lot 170 10 fast to the *moon corner of said Lots 17
and 109 then** southwesterly and sleep the said dividing
line between sold Lots 17 end It, 100 C*at to the point of
beginning,
7-I-00 sJe2 22A
32t-23-014
1)017
d/al/te
A I36-26-I4
U/1
1
. ..........�..-...rw..mow..eww,e
NORM
SIT A /V
•I
M442PACEII88ftIO
VOW
alxaa 00 MAIL TO: ( i �! -•
Joseph T. Grown
P.O. son C
Cnpsrtin®, Calitoraia 6[,010
• . K819Mt1011
51A9` TAl{ a7ATflMaIOTa�r AOMl"MY Q>MR TAl1�. .
Sam Am*" As Awn -�sa�waea�te�wttaaererotMiMss��A�l
...o�trwlwfr aaerrxlarttttailave�rq,assaeora�a�ltseal
w.r�rreaaemetala
GRANT 0190
FOR A VALUMS CCfMOQRATIQII,IroMM of rlt6dr b fa►*r M*gMwro4K
JOSEPH P. BROWN AND VIRA BROWN, HUSBAND AND ti►R
error ORMT41 M
JOSSPI •ROV14 AND VERA BROWN, TRUST1:88 UNDER THAT CERTAIN INTtR
VIM TRUST AORaSRBMT DATSO JANUARY 14, 1968
tw and P@Mft as 00 Chy of CUPERTINO
Co►rttr of SANTA CLARA .alas of colw6 r.Ord as
Late la, 14 and 15 in Bloch 3 Mat Additioa Nonta Vista as said Lots
are delloeated on that certain Map entitled, "Rap of First Addition
Rents Vista, Santa Clara County, Calltornia.
spa 8538-23-I5, and 346-33-16
SAGA
*BRA BROWN -- -
o.. Otr►,oser lt:1'��:._._._.._..__.._. ��-dty: ��?O�t'+a%_ ._ _ ..
rrA1N al.� 0 r►^rY rblb b sM o0...rr ateaa err
rrn�iAWMIMI EA DLMALSO.O�1.1°ism—
• -+-•+•---s•�--•--� lttnrinrrrrrlpinlSU
AO�dlrtreirrprf a h1�Atd 1{Atf(At4
! f IOrrrnrrsaldrr0 wl►oerlrerrn►b 1loryftsm-40 9*0
low - d Alegal a to Y"a CeW 9 INi
MpM t0lel a.rrca
.1..—I-�.— f1M se Ns swim owe .wl
"Moo UAW �p MAIL•I f
MU A•1 DlAW to Amovf
J
vm
I M 4 4 2 PAGE 1 1 8 9
�ft moot& soWaft
mo 126429.071 co 1"" imbuAwa
WMAO'D MAIL 1W. DEC i 1111 , •
0r. lutual ►trickle
tool& realsssls 814 1
"ttise. co 95016 be Loom"W1e6
"a TAR STATIstS11Ti Tw p�9SIA�M 97016��®■...■®
Oaala ao siasva OMlra�ita9rwa�M/MiMi/fi�9d01aWdMs�ldl�e
.,o.OenBa!aalraONAMna)aaAlet#alefaTalN4aA•
tesoissle3dasMs►a
'�1zIS�JU/i0N1' •
®RANT UERA
rAA A VAL11ASLi CO101141AIM.mW1 N~A fW*V 60MOP O.
e1OUCR A. Vmm. an unmarried sea and "a OAL11p10 sad emm A. $man, husband and dlla
kr*v ONTO re
111CUM SSn1CL10. an unmarried mas
slue to aaa0enav on r,e CMV of Cup•rgiso,
Otw"•o Santa Clews .hteto of colleffA,dase1 0
Lag 3, Treat $919 Amoodei. rited April 20, 1982 to foot 699 of Hors, at pests 6, 9
6 so. •saga Clews Cayner Words.
ssogearleer 2. 19ss _ --•- - }•-^- ---
niurle*It. verve (_
araatnvs - •
aaoaaan►� s-SIARA-_...�, 01s4 solmmm r
20. via
sepreARsoOlso pmaewrweem1400OwIN al P Carol A. Salaaon
o Carol A. Salaoa ,
own
a,west•ewe•araase®aaednsur tidWft tM
908wael e g a s s sane slow saes suet rAWW W es
easM seaM�aaa aaamem�gM®MMt sa�MaA1eeY amWYe1 �
seams
Ia7sstfst�aenssas�Meay
�n
f�a' Reee Amin No eseee nownow �
ta.riue YA1L TAX STATi1HW6 AS OsiaSCTS®AIM
EXHIBIT " �`'
M 42PAGE 17
90
RECOROtNG REOUESTEO aT
APN 326-60-001 thru 008
UNTA CLARA LAND TITLE Cs -ANY — e,acorded at the requeat o
SP34078-LT/152705 P ;t[t_ STEWART TITLE
Mull of CALIFORNIA
_ MICRO~ -L-- AUG 3 l 1989 '
•MO wa[M w[conceo r.'L To/11 P K4
a•��r1bn[e Vista Associates tr`�WW I LIEN MCI
70C So. Bernardo, Suite 101 .>iPf Laurie Kane, Recorder
.eo..T. Sunnyvale, CA. 94087 Soto Clara County,off"Record•
K 663?AGE 69t
SPACE ABOVE THIS LINE FOR gECORDER'S USE
a..�T..eT.TeaeaTa TO
«..e SAME AS ABOVE
waewa..
c,T....a
..L J
CORPORATION GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S) CITY CONVEYANCE
DOCUMENTARY TRANSFER TAX is f 1,100.00 Tax: $ -0-
® computed on full value of property conveyed,or City: Cupertino
0 computed on full value less value of liens or encumbrances remaining at time of sale.
unincorporated area Q city of—Copslp4A; AND
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
OLD STONE BANK OF CALIFORNIA. A FEDERAL SAVINGS BANK
formerly known as HOMESTATE SAVINGS AND LOAN ASSOCIATION
a corporation organized under the laws of the State of California
hereby GRANTS to
MONTE VISTA ASSOCIATES, a California general partnership
the following described real property in the City of Cupertino
County of Santa Clara State of California:
All of Lot 1. Tract No. 7616 as shown on that certain Map recorded June 15, 1984
in Book 530 of Maps, at Pages 22 and 23.
This conveyance is made and accepted and said realty is hereby granted subject
to the Declaration of Restrictions recorded in Book J886 Official Records, at
page 651, and said Declaration of Restrictions are hereby incorporated by reference
into the body of this instrument the same as though fully set forth herein.
8/29/88 OLD STONE,•BANK OF CALIFORNIA.
Dated— A Federal Savings wB4nla• ••••....
STATEOFCALI�jO 1�
COUNTY OF_�ddee'd } By
On LLQ1f 19 Henry retttmlAyj Jr tieifilint
before two.t undersi`��Td a Notary Public in and for said State,
perumally appeared 4+e-tltf�tc�.C__Q aff�fl�
Q—personally known to am
roved to m[an the basis of satisfactory evidence '•.-
to be the Pmaidem and '
PQR NOPAAY ,�L Olf By Is'
Qpersonally known to me
O proved to tee on the basis of satisfactory a wide rRs 11
to be the-- Secretary of the OFF 1 C t A L a E A L
corporation that executed the within instmmera.and knows to DENISE L WEIM
me to he the persons who executed the within itanmrtew on mum,nate-cwom
behalf of the corporation therein named•and auknowledpil v,
mo iltai vxh corporation executed the within ammment pursuant W,aa acme IM
to its by-laws or a resohnion of its bard ofn o
----
Signature
'Noiwry PubWon dW for said Slere
Title Order No., Escrow No.
MAIL TAR $TAPE 151�0 ,.O fol
4 Z PA GE
ate.....« pope�► t 1�8'�6�1130a
I fair® °
awt 8,4AAA41to
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oft"
i® Corte hNles varreneemb� .F ilR1a cyyo�rerr
te � P
Adom Seas Jose, Callt. Y8136 G►�V°A• 41��qt00RU
4
' a®Aea Avow ru•a tars PON"Coa181pi t1N��,.`
Grant DeW
own"m ummom us(a
oil t 1 amwom oe m ire waft a9 PNWv .w
t 1 MNOWW m to%oft&Im V"to� ww auf.r"w OW a aia
1 t etarm"80"was 1 1 f.t... _»_............._..___.._._�.._._.
t 1 a"nay G"
FM A V ALVAUX C01'riUMAM tl.Hoeft at w"b AatbY
mMelaP R. al'1"m saw t►sbn;;W1m, IplTW D NO VVE At ONOM NWf V AS
A t0i 01=01 MW ter C. eAt LUM ADO AMR RADIlt SUMM WW D NO UM A9
038MM trforsaM AS W A soe ZWM�ML AS WWRS 21 CMW
a,M.es►e�vlYBa ero
flNelTfFt R. arla0A H AND l0N ROM e1'!IllsiDl, WJSB D NO 6rM AS CCHMMM FFJXf 1'1r AS
A SO• vfWWr Am RUMM C. KUWA RM Aral ANA RWIX 11ANW=, AS MMUS Cr sw
MMtll M F1111I;.Y'1 Wt MW AW Us 1990, AS 46 A S01k 2tMXW U&AS'IO NB® IN
CLOW
ttet aewar to CITY OF CUPWINO, SANTA C1.ARA �a«.i,.taw a eltMoeal.Ct.eftlae
Mi4t 2, Tract NC. 6919, Map tiled On Maro11 11, 1981, Map Took 480. VAGR( )
te•®i and as amended April 20, 1962 in Map book Alt. p696461 O-10
$salt* Clara County Records
o. 6
Man WIN Materaft n
R.» Awl tag 120
or,%"at eAumm,% °
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1rt.ra tits,ew.ae�nlpfoL fl
o Mvt� a,rad tx "IwA`�i�
tARMIstt R. BLURBOR
estt a°Iien1 is d Ito promo=tAaat Yno-Ij
at>Onrfl.O is ur .KWA b.ow"m aA adores/ad
"now ua Hitm&w mn of ot"am mama rr1. Marl/ 1 Ytla�Gtf _ ��:�Tis
a
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u rMtaO+oAM9�+.
ge w,�e oA+s.em„a.ewes,c+•�r see.oypelt�►MO!to 4M
a..•ftimmt so
women wome i . enoot►kw"al,
i tftiA01w0�F��'er•p•.er,�ygr.e•r.i�t��.ew®H�a�wf/A�tiBMiN�ao oswaleMri
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ISIME W CAO FORNYA
OMM atANTA � I� -
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on ;w-f f=ig9e p M A00.0 ObthP suD►te ea o►m Ma 00�0
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,.�_ (or A�MO nM oA 11e Were et eiRrehoto�r OM+Mti►eA �
1e M.AM�Mo9A�e tu!►ON MlAO��e►A.OrWoO � •
lvo%wmwcmwm wto OotA.+M1®Oea dM
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tent orp*Aso we.waere•rw�q.
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• ifAt!•� SALtI'OTiNtA '
mum"Go SAWA a"
J"T t8.Wa e t pylwpt a �MW�
sm"MoAefYeP" KAN! ADY) •7TN��1A
�„� peade9 MO ae oA e!w Ohre et.anslantair w�e.neat
b Mo qy suet*.JL®Mw3f.Acne Is L a�er6
to le so"VSK%*N K4 0®MAO�.s"N M6.!
• oweo►Ad M aMo C,""4`r w r► A
rAOeo..M boo oAA
;R;PAWPW
LOUROBB L COMMAS
now jfvpmf of MOO �..•r.�.e.woara�
EEC a"'ii i B I T � '�
t
cy') \ EASEMENT AREA PLAT
CY' t
Lid offl=AND
L:) / / srarea
y / PO/I�Rr1
Qllp7I110
'O
` \ / EALITWII6
" \ /L OF 18'-0�R/`� (61100' KAD1US{
J /
li
W
I
2596
W I CREEKa
1 O.1744 7319.-93 6449) STEVENS BLVD
• � r
-� AREA TO BE PAVED WITH ASPHALT CONCRETE
E,i `\\
C /
c
OffICE AM
t,ORA2
Nat
EXISTING
BUILDING
r �
ZD
CD
V
a. \ 7,STIM6 At VAvprtMt w
- _ 2596
-- STEVENS0.1744 7919,•93 6449) , CREEK BLVD
.L.
10300 Torre Avenue P O Box 580
Cupertino,CA 95014.3255 Cupertino,CA 9 501 5-0 580
Telephone: 14081 252-4505
FAX. 1408)252-0753
October 2, 1992
Laurie Kane
Office of the Recorder
70 West Hedding Street
San Jose, CA 95110
DOCUMENT(S) FUR RECMDATICN
We have enclosed one (1) Fast Eridorsed copies and one (1) original copies
of the follaaing document for recordation.
Re: Reciprocal Access and Maintenance Agreement
Thank you for your aeration.
Sincere ,
,� 19
DOROTU 00F .LIDS
CITY CLERK
CITY OF CUPERTIM
DC/so
encl.
c7r: Planning and Development
Pursuant to the terms of Resolution No. 4400 of the City of Cupertino, CHAO is
obligated to pay for the initial improvements for the entire former Penninsula
Avenue right-of-way abandoned by the City of Cupertino.
(3) The owner of the CHAO property (Exhibit "A") shall be the Administrator of the
Easement Area for the purpose of this Agreement only. The Administrator shall
each year, between April 1st and June 30th report in writing to each of the other
parties hereto his/her/its recommendations for maintenance and repair for the
Easement Area for the forthcoming year commencing July 1st. Each parry may, if
they choose, propose alternative plans. The five owners shall each vote for one of
the proposed plans and the plan which receives the most votes, (with each property
owner having a vote based on their percentage of obligation described in paragraph
(2) above), shall be the plan for the coming year. Each plan shall provide for fair
and equitable maintenance and repair of the Easement Area.
(4) The Administrator shall enter into a contract for the maintenance and repair, and
each party shall pay their share of the costs as described in paragraph (2) above.
Payments shall be made to the Administrator. The Administrator shall not be
entitled to charge any fee for their services as such Administrator.
(5) In the event of any dispute of any nature among the parties hereto as to whether the
maintenance plan is fair and equitable, whether any party has paid its share
hereunder, or any other matter, then the parties agree to submit said dispute to
binding arbitration under the Commercia; Arbitration Rules of the American
Arbitration Association and judgment may be entered on any award The Arbitrator
shall award costs including its fee and reasonable attorney's fees to the prevailing
parry or parties, as the Arbitrator shall decide in its discretion.
(6) All notices required or permittcd hereunder shall be deemed properly given if
deposited,postage prepaid, in the United States mail,addressed as follows:
NELSON CHAO and 1NGRID CHAO
10222 Peninsula Avenue
Cupertino,California 95014
JOSEPH BROWN and VERA BROWN
P. O. Box C
Cupertino,California 95014
MICHAEL PERICLIS
10014 Peninsula Avenue
Cupertino,California 95014
MONI'E VISTA ASSOCIATES
c%DOUG HEALEY
Cupertino Capital,Inc.
21605 Stevens Creek Boulevard
Cupertino,California 95014
ROBERT R. STIMACH and MARY RADIN STIMACH
21617 Stevens Creek Boulevard
Cupertino, California 95014
-2-
A.Access-Maintenance.5
IOSEPH BROWN` VERA BROWN
MONTE VISTA ASSOCIATES, a
California General Partnership
- MICHAEL PERICUS By:
Its: 7'
I / 1 /
ROBERT R. STIMACH MARY RAP TIMACH
RICHARD C. BARRANCO ANNA RADIN BARRANCO
-ALL-PHRPOSE ACKNOWLEDGMENT NO
State of - CAPACITY CLAIMED BY SIGNS
County of
��� � ❑ INDIVIDUAL(S)
i_
j? ❑ CORPORATE
/ T ( /
On `� before me,,2o t, r', r,t +> , _ r i., i OFFICER(S) -
DATE �— NAME.TITLE OF OFFICER E G.,'JANE DOE.NOTAFI PUBLIC' TITLE(S)
P�PARTNERt<
personally appeared /?(/ 4� / ' / _ ❑ ATTORNEY-IN-FACT
NAME(b)OF SIGNER(S) ❑ TRUSTEE(S)
❑ personally known to me-OR- proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person(V whose nameN ist'are
ac-subscribed to the within instrument and
knowledged to me that he/sexecuted ❑ OTHER
._� Oil ICIAL SEAL the same in his/he444air authorized
RiA ANN WOIFE capacity(ie8), and that by his/her,4eir
a
NUTAnY VIiBUC•CAIIFORNIA signaturejX on the instrument the personX,
SANTA CLAt.A COUNTY G or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING:
My Commiss,on EA.,JIreS June tl, 1993 acted, eX@CUt@d the instrument. NAME OF PERSONtSI OR ENTITYpES)
Witness-lily hand and official seal.
/
t
t,r
StGNATURE OF NOTARY
ATTENTION NOTARY:Although the tnformatton requested below Is OPTIONAL.It 7 lld prevent fraudulent attachment of this certificate to unautnonzeo document
THIS CERTIFICATE: Title or Type of Document I'Z .,( . , �.. a C�- `< •1, r ��MUST BE BE ATTACHED (dumber of Pages lS Date of Document
TO THE DOCUMENT ,/ - ^ Z�
DESCRIBED AT RIGHT Signer(s) Ot er Thal arr.ed Above
Ions NATIr1NA1 NOTARY ASS()ClAT1ON•8236 Remmot Ave •P t7 Bo,',tti4•CAr*ga Pars CA y1
e�ea�t�c�2tS1
° Oman Moe 802192
OQ1�1T! `A•
The land referred to herein is situated In she state
of a litornist County of Sant• Clara, stay of Cupsrtiho
land to described ao tollowsl
t•®9' 10 and 17 in $loot 8e as shorn on that *or&aip Map
;nettled, •nAr Of MONfA VISTA FIRST ACOMIC"•, WHO Nap ram
tiled for retorm to the elites of the se*ordor of the County
of Santa else•# state of California on April lie 1917
to Book •r• at Maps• at palatal 23.
sacepting from sold Lot It that portion thereof described as
follower
$1410101SNIG at the Intersection of the Northeasterly 1t.►s et
peninsula Boulevard with the dtvtdtng lisle between Logo It
end to to sloot to as shorn upon the Na; hareinabove referred
to and running thence Norehwsstoriy *long the aid Northeasterly
Iles of rsniosuls Boulevard# 10 90*41 thence Northeasterly
and perallsl with sold dividing line between raid Lots 17
and 3a, too toot to the Northeasterly line of maid Let 171
theo** southeasterly and along the Northeasterly lie* of
said Los 17, 10 feet to the **soon cornet of said Lots 17
and Ill &hoot* southwesterly and along the sold 01vidiag
lino betwoma "Id Logo 17 and M 100 set tti the point of
beginning.
7-4-00 sivl Ila
33603s-01t
lash
d/al/tf
A 326-8s•14
N/E
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10014 foxAela wle0 /ae
ap.ett«. cm 4991R be Gina
M�
G•�.-. K��4ti4��
AM tAR ®TA1f 4IM I&
&a m to o►ew SNOW"asreewdow"wow Oauaewm"mas
...goonloino at Ooaresttaraa>rte �
.00poars w waaata�
$RAN? OM
FOR A VUUAKI COM310RRAT M.•onrt of~ R%W*V S^foojgftW.
1IA4 UO 8. MAR1l=o et wawtrrtad aaa and 06RR RAlMN asd CAROL A. SUM, I wsbmW aoW wife
a ftwn *UNTO to
HICKAM FUICJLII, so atWW" tea
e0 ow plow w In ow car of Cuporttao.
Grp a1 Moto Clara err o1 C41ft% .
Lai 7, Traet 6919 aaradaa. fllad Apttl 10. 1982 to Rood N! of Mope, at paRae •, !
a 10. Raato Clara Groats Roeoroa.
DOW-
o Rourteo R. Varro
ale& baleen
eeoesms.,adrye�A�rw.sawsrr►yy���r��,w,��u�aospp��a��w_ew'ruw n G[Al A. ' 1100 r To� C/'• %PF i
son Caret A. ,tiro
gOeaa�aialatats aura r M®aa ans.al owl �
werr+q w•or soawal oarw�M09o1 aas taste.r w ��
sous&ato~owoa kua4ao,o ago wr oo.wo m"e.wr,o a�� "I,m
moss
wttri0"mwft oarasiwlono
Iw w® 4r oesw to Iu
na" vy .�
0Mom "L VAR PA19"I m AR Imum"o AlTON
I
E/:HiBIT `' C'i
TES P 21 ?
c
1 eAA RIB a Lo
tfttO gttmit8!!q 00
b ' semi
.m.t 8i�oaes Charles aeeesaa®s {Ait1A 1���tt.♦cytqo�aor
faa .its, Calif. 96134 �OaDEae
e
O wsft 4""N..t t.eet 600•tittp "W1100
Grant Did
' t�.�+nt�.tattlty t1.rltwta>�
t i60oadftae9d"dP WVamwe"0
0 ewwwm=he%us d etAn d tOtn..t.o.wt,Q w um d a"
t t i►OWNWINWA Val 0 O da-...a �....__......��_�...�.....-moo
1 t anitr so OM
MR A VALUAKi CWSMOtA49t0!'O.OnasP d~b WOr V rOAtorowl@dPIL
R2fIS 10 A. f'1'1115®1 AM f11W AAbIIr iWDMO WJMWO AM SM Ati 40"W rM ffIMSM AN
A "b II�Ate AXWO C. Luftim Ate A1111A MUM aMitM O Am MW Ai
NOW R. WSWO f Ale MW=IN iTDSM* SOLW AM VUR Al CMMW ROOM Arl
A $00 1MWVJW Aft UWAD Co OMWAM m AM AWa WIN tUIQtA 1M, AN or=
1tAttlAttte FARM mwt MW Mx 130 1990, AN TO A SOu D1l XW ALL M T Wft A
O2�f®1
Ordwearta CITT of CUPSRTINO, BANTA CLAM ctwq.Stan wCwt®ew.dm w
tat 2, Tract go. H/f, Map riled an match 11, 1081, MOP look Soo. PAGttt !
40-46 and as Wanded April 20, 1002 in Nab book 499. Pagslfl 8-10
fast• Clara County r"Gras
� ore �` `\fi7•��Aiit
dM Tr Nitttltollt M
• {lstt ..rLrZ7L1 A, tab
R4ff or N16d
1 0 0169
42 . &&ems,
=
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ftaft""wamnO to to its� =Won am
MtAM eOr flat a Ost Orf tsln..q .e trtt
Oftta Mltls.lQt6wt of W/eat snftett tttO. prey ./
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RESOLUTION NO. 8756
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPEYMM
INSTITUTING AN AUDIT OF UTILITY USER 'TAXES ADD FRANCHISE
FETES, AUniORIZTNiG ISSUANCE OF SUBPOENAS FOR RECORDS,
DESIGMTING MUNICIPAL RESOURCE CONSULTANTS AND DOWD H.
MAYNOR AS REPRESERWIVES OF THE CITY
REEVED by the City Council of the City of Cupertino that:
WHERAS, it is prudent and appropriate that the City perform a
periodic audit of those persons or entities responsible for t -e collection
and/or payment of utility user taxes and franchise fees to the City;
WHEREAS, in order to conduct a thorough and efficient audit, the City
requires reasonable access to certain information, records, and data of
those persons or entities reponsible for the collection and/or payment of
utility users taxes and franchise fees to the City;
WHEREAS, with respect to the auditing of gas, electric, water,
telephcm and CATv utility users taxes and franchise fees, the City has
retained the services of Miicipal Resource Consultants and Donald H.
Maynor (through Municipal Resource Consultants);
NOW, THEMMIORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby:
1. Institutes an audit proceeding of the City's gas, electric,
water, telephone, and CAav utility users taxes and franchise fees, wherein
the City Staff and City Consultants shall periodically report to the City
Councii the findings of such audit activities.
2. Authorizes the Mayor of the City Council to issue subpoenas
pursuant to Government Code S37104 et seq., requiring the subpoenaed party
to pzwide certain information to the City and/or its authorized
Lwpresmtatjve for purposes of conducting an audit of the City's gas,
electric, water, telephcne, and CATv utility users taxes and franchise
fees.