CC Resolution No. 5305उउउउउ ठൟऊउ ††縉उउ †縉उउउ†ठ䕒体啌䥔乏†ぎ㔠〳വऊउ†䄉†䕒体啌䥔乏†䙏†䡔⁅䌠呉⁙䌠問䍎䱉†䙏†䡔⁅䌠呉⁙传⁆䌠偕剅䥔低उ ठ偁剐噏义⁇†倉剁䕃⁌䴠偁†乁⁄†䤉偍佒䙖䴮久⁔倠䅌华†䙏†ठ剐偏剅奔उ ठ佌䅃䕔⁄䄠佌䝎†ठ䅓⁎†䘉䱅偉⁅†刉䅏⁄†䐉噅䱅偏剅䴠䍉䅈䱅††䜉മऊउ†倉卉乁⁏䄠䑎†䥐奩䱌卉†⹄†䥐䅓低†啁䡔剏㉉义⁇††䔉䕘啃䥔乏†ठ䙏उ ठ䥉倳佒䙖䤲久⁔䄠則䥅繉䕓呎※䄠呕佈䥒䥚䝎†䥓乇义⁇唠⁆倠剁䕃⁌†䴉偁उउउ†ठ乁⁄䤠偍佒䕖䤲久⁔倠⹉乁॓उउउ††✉उ††ठ䡗剅䅅ⱓ†桛牥栠獡†敢湥†牰獥湥敛琠嬠敨†楃祴†潃湵楣映牯†灡牰癯污†景 ††琉敨†慰捲汥†慭⁰愠摮†浩牰癯浥湥⁴瀠慬獮†景†牰灯牥祴†潬慣整愠潬杮†慓䘠汥灩ऊ††ठ潒摡†祢†楍档敡䜠倠獩湡愠摮†桐汹楬䐠倠獩湡繯†湡ऊ ††圉楆剅䅅ⱓ†桴牥栠獡†敢湥†牰獥湥整琠琠敨†楃祴†潃湵楣愠†牰灯獯摥†条敲浥湥൴ऊ††ठ潦琠敨†潣獮牴捵楴湯†景†瑳敲瑥ⱳ†畣扲ⱳ†湡朠瑵整獲愠摮†潦漠桴牥†浩牰癯浥湥獴ബऊ††ठ湡朠潯愠摮†畳晦捩敩瑮†潢摮⠠敬瑴牥†景†牣摥瑩Ⱙ†敦獥愠摮†敤潰楳獴†獡†敲畱物摥 ††栉癡湩戠敥瀠敲敳瑮摥†潦琠敨†慦瑩晨汵†数晲牯慭据漠猠楡眠牯愠摮†桴挠牡祲湩൧ऊ††ठ畯⁴漠猠楡愠牧敥敭瑮※愠摮†慳摩†慭⁰愠牧敥敭瑮愠摮†潢摮栠癡湩戠敥愠灰潲敶戠൹ऊ††ठ桴䌠瑩⁹䄠瑴牯敮㭹उ††ठ低ⱗ†䡔剅䙅剏ⱅ†䕂†呉†䕒体噌䑉†䡔呁उ††ठ†ठ慓摩†慰捲汥†慭⁰愠摮†浩牰癯浥湥⁛瀠慬獮†敨敲湩†敲敦牲摥†潴†牡栠牥扥൹ऊउ†ठ灡牰癯摥഻ऊ ††戉†吉敨†景敦漠搠摥捩孡潩映牯†瑳敲瑥†牡慥愠摮†污攠獡浥湥獴†獩†敨敲祢उ †愉捣灥整椠उ††按†吉敨†楃祴†湅楧敮牥†慩†敨敲祢†畡桛牯穩摥†潴†楳湧†慳摩†浩牰癯浥湥⁴瀠慬獮മऊ ††搉†吉敨†楃祴†湅楧敮牥†湡琠敨†楃祴†汃牥愠敲†敨敲祢†畡桴牯穩摥†潴†楳湧उ †ठ慳摩†慰捲汥†慭⁰愠摮†慨敶†瑩†敲潣摲摥മऊ ††攉†吉敨†汴祡牯†湡琠敨†楃祴†汃牥愠敲†敨敲祢†畡桴牯穩摥†潴†硾捥瑵摥†桴ऊउ††愉牧敥敭瑮†敨敲湩†敲敦牲摥†潴മऊ ††倉十䕓⁄䄠䑎†䑁偏䕔⁄愠⁴愠†敲畧慬洠敥楴杮†景†桴䌠瑩⁹䌠畯据汩†景†桴䌠瑩⁹漠൦ऊउ畃数瑲湩琠楨ॳㄉ琹†搉祡†景††䠉癡 †Ⰹ†㤱〸戠⁹琠敨†潦汬睯湩瘠瑯㩥 ††嘉瑯॥††䴉浥敢獲†景†桛䌠瑩⁹䌠畯据汩उ䄉䕙㩓उ慇瑴繯†汐湵祧删杯牥ⱳ†灓牡慫〠䬧敥敦उ三䕏㩓उ潎敮उ䄉卂久㩔††三湯ऊउ䉁呓䥁㩎†ठ潎敮उ䄉呔卅㩔उउउ ††䄉偐佒䥙⁄ഺऊउउ†愉㩾ॾउउ††ठ繬繬††䰉उ䌉瑬⁹䌠敬歲उउ 锉उ†ठ潹Ⱳ†楃祴†景†畃数瑲湩
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This' AGREEMENT made , and entered into this 19th day ,of
May 80 ' _________ ' 19_,_, by and between theCITr OF CUPERTINO , a muniCipal
corporation of the State of California, hereinafter designated as CITY, and
_______ ~-----M~IC~HAE==~L~G~.~P~I~S~AN~O~a=n=d~P=H~YL=L=I=S~D~.~PI=S=AN~O~ ______________ ,
~re1nafter designated as Developer.
WITNESSETH -.---------
wHEREAS, the Developer has made application to the CITY for a '
Parcel Map
and is securing a building permit from CI~ to construct and maintain a
Single-family, lots
hereinafter referred to, as, "Project."
WHEREAS, CIl'Y hereby approves the improvement plans and specifications
prepared for, the Project by Civil ,and Construction Consultants, Inc.
a,true copy of said improvement plans and IIpecifications 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, ther¢ore, said
improvement plans and specifications shall be hereinafter called "the Plans,"
and the work to be done' under the plans shall be ,called "the Work."
WHEREAS,'pursuant to the provisiOns ,of this AGREEMENT, the CITY hereby
establishes the amounts of Bond, Fees, and Deposit as set 'forth in the following
schedule: ,
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, ' SCHEDULE OF BOND! FEES! AND DEPOSITS ...
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P.~T A. Faitbful Performance Bond: $ ____ ~36~,~0~OO~.~0~0 ________ _
PART B. Labor and Material' Bond,: $ ____ 3~6~,~O_OO~.~O~O ________ _
PART C. Checking and IllSpection Fee: $ ____ ·_l~,8_0~o_.b~o~ ____ ~_
'. PART D. Indirect City Expenses: $ ______ ~2~7~0~.Q~Q~ ______ __
P.~T, E. Development Maintenance Deposit: $ ____ ~3~l~0~.0~0~ ______ _
P.~T F. Storm Drainage .Fee: S ~O-* '-----..,-------
*City to reimburse developer for master line
at proJect complet'l.on-'
PART G. One Year Power Cost: $, _____ -"'0-______ _
PART H. Tree Fees: $_~_~-O~-~ ___ __
PART I. Map Checking Fee: $ __________ 5~Q~.~QQ~ ____ __
PART J. Park Fee: $ _______ 2~.~8~08~.~0~0 ______ _
PART K. Water Main Extension Deposit $~ __ ~N~/A~ ___ _
Developer to install main
N~, IT IS HEREBY MUTUALLY AGREED by and between the p.~~~~~s_. h~ret"'"
---~ ... as follo .. s. TO-WIT: -------__ __. ' -~----~-.-..... --.~-'-.
. -.~:;::~~-;~~: .. ~ , ---------~ ---: --... ,~e-lleVeroper offers to dedicate ·the real proper:t;;cshown on
~. which is attached hereto and made a part hereof by re~
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DEDICATION
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propert1 shall be free and clear of all liens or encumbrances exce~
ich the CITY shall expressly waive in writing. The Developer a~ not
" / to revoke id offer of dedication, and to keep said offer open' un~~l the CITY
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accepts said of r by resolution. ,/ ,,-, /
(b) Upon ~tion of this AGREEMENT the Develo~er agrees to deliver
a properly executed gran't:-,~eed to the CITY of the realr'property described in
" Exhibit "A". and such other ~~uted conveyances,::o~ instruments necessary to
'":. ........ convey clear title as herein required.
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The Developer shall prOVide, at the
"" Developer's sole cost,and expense, to the CITY:
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(1) 'A preliminary title rep~;:t.,issued by a title insurance company
relating to the property offered for aedication; said Preliminary Title
Report shall be furni~hed _____________ '_.'~,,~."~--------------------------
(2) A standard policy of title insura~ issued by a title insurance
company and i~suring the CITY in the sum Of"$ __ ~~,~~~ __________ ~~, and
which shall show ~aid property free and clear of ~l liens or encumbrances
excep t tho,se as the CITY shall eipress-ly waive in wt:l..ting; said policy,
shall bll-' 'furnished at the time of acceptance of dedica'b-ion and recordation
of dean. '
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(c) Upon the condition precedent that the Developer shall pe orm each ,
and ~ery covenant and condition of this AGREEMENT, the CI~ agrees to
~ property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
(a) The Deveioper 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 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.
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(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 Work shall be done in accordance with eXisting ordinances and
resolutions of the City of Cupertino, and in accordance with all plans, specifi-
cations"standards, sizes, lines and grades approved by the City Engineer. The
Work shall be done in accordance with all State and County Statutes applicable
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thereto. The decision of ~he City Engineer shall be final as to ,whether any
material or workmanship meets the standards, speCifications, plans, sizes, lines
and grades as set forth.
(c) It is further agreed that the Work shall be done in accordance with
,the Standard Specifications of the Department of Public Works, Division of High-
ways, State of California, dated January, 1973 and in accordance with the ,speci-
fications of the Cupertino Sanitary District where applicable.
l-Iherever the words "State" or "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 ,;>'orks" 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 of Cupertino and/or the Cupertino Sanitary District, the specifications
'of the City of Cupertino and/or the Cupertino Sanitary District shall take prece-
dence over and be used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the Developer shall comply with Section Three of
Ordinance No. 130 of the City of Cupertino by obtaining an excavation permit from
the City Engineer before the commencement 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 commence.
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, ;;"cG[ /,:,,:, .• :, . :,' 5::~:~lr"\:~:{ ':.'.. '. ';~, :~;:,LC( ,
,:·,>jf:~~' qUITCLAIM DEED'
::~ '~-~'~.".
~'~/,:.:. c .. , . It is further agreed that Developer,
'" q~tclaim' aU his rights and fnterests in,
(b)· In lieu o~ a' surety bond. the Deve.loIP~,.niay: elect' to'''secUr'e this.'
" .; j::k?~ ;;~f~~W:~;:'X~~+;":';\ ,2 .. ",-)' , '
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AGREEMENT by depositing with the, CITY::"
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(1) Cash; or,
(2) A cashier's check, ora certified check, payable to the order
of the CITY; or,
(3) 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 instru-
ment of credit shall be as designated by the City Engineer, and shall be the equiv-
alent to that which would have been required had the Devel'1per furnished the CITY
with a surety bond. 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 therein required, th'i! 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 Cou.ncil.
(e) No interest shall be paid on any security deposited with the CITY.
6. CHECKING A.'Ill 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 AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should con-
struction 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.
7. INDIRECT EXPENSES
It is further agreed that Developer shall pay to CITYj prior to execution
of this AGREEMENT, indirect expense allocable to processing these improvements,
the amount as set forth herein at Page 2 (Part D).
7A. }fAP FILING FEE
It is further agr!led t.'1at the Developer shall deposit with CITY,' prior
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of street monuments, in compliance with Section 4:1 of Ordinance No. 47
(Revised 12/4/61) of CITY, the amount as set forth herein at Page 2
(Part I).
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the Developer shall pay to the CITY,
prior to ·execution of this AGREEMENT, 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
deposit 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 improvement bonds by the CITY. Should
the Developer complete th~ required repairs to the entire satisfaction of
the CITY, the unused balance will be returned after the release of the
improveme~t_~o~ds.
9.A. STORti DRAI!iAGE FEE
It is further agreed that the Developer shall deoosit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge in
connection with 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 F).
9.B. WATER MAIN EXTENSION DEPOSIT
The Developer further agrees to deposit with the City those monies
required to comply with "Policy on Water Main Exterisions Work and Deposits"
dated 9/30/77. The deposit shall be held by the City until said monies are
needed to implement improvements outlined by the Director of Public Works or
improvements outlined within an adopted Hater Haster Plan.
The amount shown herein at Park K, Page 2, shall be the full amount due.
10. ONE YEAR POWER·COST
It is further agreed that the Developer shall pay to 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.
11. FEES FOR THE INSTALLATION OF STREET TREES
It is further agreed that the CITY shall, at such time as deemed
appropriate by the City Engineer, plant and maintain street trees in con~
formance with the standards of the City of Cupertino. As payment for said
installation and maintenance by the CITY, the Developer shall pay to the
CITY, prior to the execution of this AGREEMENT, the amount as se~ forth
herein at Page 2 (Part H), whi'ch amount represents the fees for installation
and maintenance of said street trees, having been calculated at the unit
price of $15.00 per tree.
12. 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
"Park Dedication Ordinance" Number 602, 1972 and which is further stipulated
under Part J •• Page 2 herein.
13 • MAINTENANCE OF THE WORK
It is further agreed that the Developer shall maintain the Work,
until all deficiencies in the Work are corrected to conform to the Plans
and the CITY standards and specifications for the \';ork. The Developer shall,
upon written notice thereof, immediately ·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 sa'id. Work.
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14. SANITARY DISTRICT
It is further agreed that the Developer shall file with CITY,
upon execution of this agreement, a letter from the Cupertino Sanitary
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 constructions of the said sanitary sewers and to insure ~intenance
of said sanitary sewer in conformance with the provisions as set forth in
Paragraph 13 above has been filed.
15. GOVERNMENT CODE
It is further agreed that Developer shall file with CITY, upon
execution of this AGREEMENT, substantial evid~nce that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assessments or bonds, have been complied with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the Developer shall file with the
CITY, upon execution of this AGREEMENT, a letter from the Central Fire
Protection District of Santa Clara County, stating that the Developer
has entered into an AGREEMENT with said District to install fire hydrants
to serve 'said Project and stating that all necessary fees have been deposited
with said District to insure installation and five (5) year rental fee of
said hydrants.
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· . 17 • STREET LIGHTING
It is further agreed that the Developer shall apply for the installation
of electric power for street lighting at the earliest date possible.
18. P.G.& E. A.~ P.T.& T.
It is further agreed that the Developer shall pay to Pacific Gas and
Electric Company and/or to PacifiC Telephone and Telegraph Company 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 under-
grounding as provided in Ordinance No. 331 of CITY When Developer is notified
by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific
Telephone and Telegraph Company that said fees are due and payable.
19. EASEMENTS AND RIGHT-OF-HAY
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 own cost and
expense. It is provided, however, that in the event elninent domain proceedings
are required by the CITY for the purpose of securing said easement and right-of-<~ay,
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 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,
engineering; and other incidental costs in such reasonable amounts as the CITY may
require shall be deposited with CITY.
2Q. HOLD HA.R,.'1LESS
It is further agreed that, commencing with the performance of the \,ork
by the Developer or his contrac tor and continuing until the completion of the
maintenance of the Work, the Developer shall indemnify, hold harmless and defend
the CITY from and ,against any or all loss, cost, expense, damage or liability,
or claim thereof, occasioned by or in any way whatsoever arising out of the perfor-
· . mance or nonperformance of the Work or the negligence or willful misconduct of
the Developer or the. Developer's agents, employees and independent contractors.
21. 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 performance and mainte~nce of the Work called for or required to be
I done hereunder, a policy of insurance naming the CIn and members of the Ci ty
Council of the City of Cupertino, individually and collectively, and the officers,
agents, and employees of the CIn individually and collectively, as insur.ed. Said
separate policy shall provide bodily injury and property damage coverage to the
foregoing named CIn and individuals covering all the I,ork performed by, for, or
on behalf of said Developer. Both bodily injury and property damage insurance
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 CITY, its members of the City Council,
individually and collectively, and the officers, agents, and employees of the CIn,
individually and collectively, have other insurance against the loss covered by
said policy or policies, that other insurance shall be excess insurance only.
(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
occurrence; property damage, $50,000 on account of anyone occurrence with an
aggregate licit 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 shall .. bear an endorsement precluding the cancellation
or reduction in coverage without giving the City Engineer at least 10 days advance
notice thereof.
(c) In the event that the Froject covered herein should be mutually
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situated in or affect the area of jurisdiction of a separate municipality or
political subdivision of the State of California, the policies of insurance ~equired
herein and above shall co-name such municipality or political subdivision and the
provision set forti) herein and above for the protection of the City .of Cup·ertino
shall equally apply to municipality and political subdivision,
22',· SUCCESSORS
This AGREEMENT shail bind the heirs, administrators, executors, successors,
assigns and transferees of Developer, The assignment of this AGREEMENT shall not
be made without approval by the City Council of CITY,
IN WITNESS WHEREOF, , said CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council
and said Developer has hereunto caused his name to be affixed the day. and year
first above written.
CITY OF CUPERTINO
By
By
Acknowledgements and Exhibit(s) ________ -'attached.
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ST.\!! OF CALI!OR.'fU. )
) ss.
aoIDITY OF SAN!..\ CL\.iU.)
On " ~ , 19.2£2, before me', che undersigned.-a
Nocary Public in n for said Scate; perso~ally appeared. ,
, ,Lf'r\~C1Cl.d: G. %~&M 'I--Sl\lJ II, ~ 1) . X;SCVt'p
known co me co be thi persons whose names are ubscribed co cbe wiehin
'Ins trumene, and acknowledged eo me chat ehey ~~ecuted the,same.
W"I'l'N£SS r:I hand and official seal.
JlI'llllIlln:;nllllllilnlnIlUlllnnnl!!.'!'I!l!!Jnnmtl~ 5 OFFICIAL SEAL
!i 'ELIZABETH SMITH a NOTARY PUBLIC -cALIfORNIA ...
:: i)RINCIPAL OffICE iN THE .= 55 tOUNTY OJ SANTA ~A :: § Co .... Exp. Feb. 22, 1983 i
lI'III1D1"I""IIIIJII"""lllItrll~lIlI .. m"IIII'''Dun5
of
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COR.'!'OR.\'!ION AClCl'OIo.'1..EDG~
ST.-l.!! OF CALI:?'OR.'Ill )
) ss.
COUNTY OF SA.~~ CL\.iU.)
On , 19 , before me, ehe undersigned, a
No,eary Public in and for ehe said S!=aee, personally appeared
________ ~ ____________________________________________ • known to me
eo be the of , e~e
corporation that executedche within Instrument, knoWu to me to be the person
~o executed the within tnstrumQnt, on behalf of che Corporation herei~ named,
and acknowledged to me that such Corporation executed the same.
,IN WITNESS w~OF. I have hereunto set ~ hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above 'O't'itten.
Notary Public in and for the County
of Santa Cla::a, S'tate of Califonia