No preview available
16-109 Installation Agreement, 10645 Stevens Canyon Rd APN 342-16-134, Jahangir H. Dewan and Fawzia J. Islam 24197216 Regina Alcomendras Santa Clara County - Clerk-Recorder RECORDING REQUESTED BY 06/06/2019 12:43 PM City of Cupertino Titles: i Pages: 3 Fees: 0.00 Taxes: Moo 0.00 uI ` u,�r, u ��� J WHEN RECORDED MAIL TO ,III 11F1�y��J=i�1�lr`Y��i1 ui�5 111'fl 11�'�Il��i�11dti�i 11 Tl��iii ,, II City Clerk's Office �1 RY City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 NOTICE OF COMPLETION CITY PROJECT NAME: 10645 Stevens Canyon Road APN: 342-16-134 Original O For Fast Endorsement CUPERTINO Recording Requested By: When Recorded Mail To: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code §§8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the project described below. 2. Owner's full name is: City of Cupertino 3. Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95014 4. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name: 10645 Stevens Canyon Road, Cupertino, CA 95014 APN: 342-16-134 5. The project was completed on: April 23, 2019. 6. The project is located at: 10645 Stevens Canyon Road, Cupertino, CA 95104. Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correc . - f�,q I l� ; Santa Clara County .9 Z — Date and Place Signature Roger Lee Acting Director of Public Works "NO FEE" City of Cupertino 1 1 NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated April 23, 2019 for 1 CITY PROJECT NAME: 10645 Stevens Canyon Road APN: 342-16-134 and the City of Cupertino, a governmental agency is hereby accepted b the City of Cupertino on May 29, 2019 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: May 30, 2019 By: j Cyrah urian Senior Office Assistant r I :I i I i i 1 RECORDING REQUESTED BY: DOCUMENT: 23422804 Pages 20 I II Fees. . . . - No Fees I I! I I ! II Taxes. . .Cit of Cu Prtino Copies. . WHEN RECORDED,MAIL TO: AMT PAID REGINA ALCOMENDRAS RDE # 025 City Clerk's Office SANTA CLARA COUNTY RECORDER 9/06/2016 City of Cupertino Recorded at the request of 8:35 AM 10300 Torre Avenue City Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE/N ACCORDANCE WITH GOV. CODE 27383 INSTALLATION AGREEMENT 10645 Stevens Canyon Road, Cupertino, CA APN: 342-16-134 T Original 71 For Fast Endorsement NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated May 16th, 2016, from 10645 Stevens Canyon Road, Cupertino, CA 95014 to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: August 29, 2016 By: (2" Lauren Sapudar Senior Office Assistant City of Cupertino INSTALLATION AGREEMENT (Cupertino Municipal Code Chapter 14.04) 10645 Stevens Canyon Road, Cupertino, CA APN: 342-16-134 This INSTALLATION AGREEMENT("Agreement") is made and entered into this� day of mg , 20 �G, by and between the CITY OF CUPERTINO, a municipal corporation of the State 6f California, ("CITY"), and Jahangir H. Dewan and Fawzia J. Islam, as Co-Trustees of the Jahangir H. Dewan and Fawzia J. Islam Revocable Living Trust September 2006 ("DEVELOPER") for a single family residential development located at 10645 Stevens Canyon Road, Cupertino CA. RECITALS 1. DEVELOPER has presented to the City an application for a development entitlement consisting of a single family residential home (the "Development Entitlement") located at 10645 Stevens Canyon Road, Cupertino CA (the "Property"). 2. Chapter 14.04 of the Cupertino Municipal Code ("CIVIC") requires, as a condition precedent to the erection, construction, addition, alteration or repair of any building or structure in certain designated areas of the City with unimproved streets and for which a building permit is required by the City, installation of certain types of public improvements and/or dedication where deemed necessary by the City Engineer. 3. In consideration of City's approval of the Development Entitlement and pursuant to the requirements of CIVIC Chapter 14.04, Developer desires to enter into this Agreement promising to install and complete, at Developer's sole expense, all public improvement work required by the City for the proposed development. 4. Developer has prepared and City has approved plans and related specifications (the "Improvement Plans") for construction, installation and completion of improvements. The Improvement Plans titled Public Improvements and Grading and Drainage Plans for 10645 Stevens Canyon Road, prepared by GreenBluEarth Inc. and dated February 26, 2016, are hereby incorporated into this Agreement by reference. NOW, THEREFORE, in consideration of the approval by City of the Development Entitlement, City and Developer agree as follows: Page 1 of 11 1. DEVELOPER'S OBLIGATION TO INSTALL IMPROVEMENTS a. Completion of Improvements. Developer, at its own expense, shall furnish, install, and construct all improvements required by the City Engineer pursuant to Chapter 14.04 of the Cupertino Municipal Code, or as amended, in a good and workmanlike manner and as shown on the Improvement Plans as approved by the City Engineer of Cupertino and in accordance with existing ordinances and resolutions of the CITY and other applicable laws. The decision of the City Engineer shall be final as to whether any material or workmanship meets the plans, specifications, and standards as set forth. b. Compliance with applicable laws and rules. Developer shall complete the Work 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 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. In case of conflict between the State Specifications and the specifications of the CITY, 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. c. Repair and replacement of damaged public facilities. Developer shall, at its own expense, repair or replace all public improvements, public utility facilities, surveying monuments and other public facilities that are destroyed or damaged as a result of any work under this agreement. Developer shall promptly notify the City Engineer of such damage and shall obtain the City Engineer's approval of all repair and replacement of damaged facilities. d. Developer's responsibility until City's acceptance. Until City accepts the Improvements, Developer shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to the improvements. City shall not have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by City. City's acceptance of the Improvements shall not constitute a waiver of any defects in the Improvements or Developer's obligation to repair such defects as provided in section 9 of this Agreement. 2. TIME FOR INSTALLATION OF IMPROVEMENTS a. Required time of completion. DEVELOPER shall install and complete the Improvements 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. No final inspection shall Page 2 of 11 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. 3. DEDICATION OF EASEMENTS OR RIGHTS OF WAY The DEVELOPER offers to dedicate the real property shown on Exhibit "A" and "B", which is attached hereto and made a part hereof by reference (the "Dedicated Property"). Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. The Dedicated Property shall be free and clear of all liens or encumbrances except those which the CITY agrees to waive in writing. Developer agrees not to revoke this offer of dedication, and to keep said offer open until the CITY accepts offer. Upon execution of this Agreement, Developer agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A" and "B", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City at the time of acceptance of dedication and recordation of deed, (1) a preliminary title report issued by a title insurance company relating to the property offered for dedication, and (2) a standard policy of title insurance issued by a title insurance company and insuring the CITY, showing that the Dedicated Property is free and clear of all liens or encumbrances except any that the City expressly agreed to waive. 4. QUITCLAIM DEED DEVELOPER, when requested by the CITY, shall quitclaim all his/her rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project. DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him/her for signature. 5. SECURITY a. Required Security. Prior to execution of this Agreement, Developer shall provide the following security to City in a form acceptable to the City: (1) Faithful performance. Security for faithful performance in the amount set forth Part A Exhibit C, the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by reference as Exhibit D. (2) Labor and Materials. Security for labor and materials in the amount set forth Part B of Exhibit C, the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by reference as Exhibit E. b. Form of Security. Developer shall provide as security, bonds executed by a surety company authorized to transact a surety business in the State of California and approved by the City as to sufficiency. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any Page 3 of 11 improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do so. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY (1) Cash; (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 acceptable to the City and meeting the requirements of Government Code Section 66499 (b) or (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 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 AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. c. Release of Security. No release of surety bond, cash deposit, check or certificate of deposit shall be made except upon approval of the Director of Public Works. Schedule for bond and insurance release for paper bonds are as follows: (1) Release of 90 percent of the faithful performance bond upon acceptance by the Director of Public Works. (2) 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. (3) 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. (4) 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. 6. PAYMENT OF REQUIRED FEES a. Permits and licenses. Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance, including but not limited to the fees described in this Agreement, and all taxes required by law. b. Fees. Developer shall pay fees in the amounts set forth in Exhibit C, including but not limited to the following, as required: (1) Inspection Fees. 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. 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 4 of 11 (2) Storm Drainage Fee. 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. (3) Map Checking Fee. 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. (4) Park Fee. DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution of this AGREEMENT, as is required within Section 18-1.602, Park Land Dedication, Cupertino Municipal Code. Park fees are calculated 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. (5) Reimbursement Fee. DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a reimbursement fee for any 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. Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: (i) Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvements reimbursement 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. (ii) Improvement Cost. Interest 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. (iii) 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. 7. DEVELOPMENT MAINTENANCE DEPOSIT DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth in Exhibit C as a development maintenance deposit. City may use the deposit at its discretion to correct deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise during or after the construction of the development, and to obtain copies of approved plans for the CITY's files. If the costs exceed the amount deposited, DEVELOPER shall pay actual overage prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at the time all bonds are released in accordance with paragraph 5 of this agreement. Page 5 of 11 8. STREET TREE INSTALLATION DEVELOPER shall fund the City for purchase and planting of street trees as deemed appropriate by the City Engineer; or shall, at the discretion and at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. The variety, number and location of trees are subject to City's prior approval. 9. MAINTENANCE AND WARRANTY a. Developer guarantees and warrants the Improvements and agrees to remedy any defects, damages, or imperfections in the Improvements arising from faulty or defective materials or construction of the Improvements for a period of one year after City's acceptance of the Improvements. b. If, within the warranty period, the Improvements or any part of the Improvements fail to fulfill any of the requirements of this Agreement or the Improvement plans and specifications, Developer shall repair, replace or reconstruct any defective or otherwise unsatisfactory parts of the Improvements without delay and at no cost to City. If (a) Developer fails to commence repairs within thirty (30) days of the date of mailed written notice from City, or (b) City determines that public safety requires repair before Developer can be notified, City may, at its sole option, perform the required repair itself. Developer agrees to pay the cost of any repairs City performs pursuant to this agreement and City may, at its option, recover that cost as a lien against Developer's property. 10. SANITARY DISTRICT DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the 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. 11. GOVERNMENT COSTS 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 Government Code, pertaining to special assessments or bonds, have been complied with. 12. UTILITIES DEVELOPER shall pay to Pacific Gas and Electric Company, AT&T, and/or appropriate utility companies, 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 the DEVELOPER is notified by either the City Engineer, Page 6 of 11 Pacific Gas 'and Electric Company, AT&T, or appropriate utility companies that said fees are due and payable. 13. EASEMENTS AND RIGHT-OF-WAY Developer shall acquire any easement and right-of-way necessary for completion of the Project at its own cost and expense. However, that in the event eminent domain proceedings are required, the CITY for the purpose of securing said easement and right-of-way, 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 the City of Cupertino. 14. HOLD HARMLESS AND INDEMNIFICATION DEVELOPER shall indemnify and hold harmless CITY, its officers, agents and employees from and against any or all claims, loss, cost, expense, damage or liability, resulting or in any way arising out of Developer's performance or nonperformance of his/her duties under this Agreement, or from negligent acts or omissions or willful misconduct of Developer's agents, employees and contractors, or subcontractors. Developer shall, at his/her own cost and expense, defend any and all actions, suits or legal proceedings that may be brought against the City, it officers, agents and employees resulting from or arising out of Developer's performance or nonperformance of his/her duties and obligations under this agreement, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 15. INSURANCE DEVELOPER shall maintain in full force and effect at all times during the term of this Agreement, 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 additional insured. Said separate policy shall provide bodily injury and property damage coverage 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 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 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 be licensed to do business in the state of California and provide proof of their ratings. All ratings should be Best's Guide Rating of A, Class VII or better or that is acceptable Page 7 of 11 to the CITY. 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 occurrence, with an aggregate limit of not less than $2,000,000. DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER evidence of insurance coverage satisfactory to the City. Each policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least thirty (30) days advance notice thereof. In the event that the Improvements are situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the required insurance shall also name the other jurisdictions) as additional insured. 16. MAPS AND/OR IMPROVEMENT PLANS Developer shall provide CITY with the following maps and/or plans at the DEVELOPER'S expense: A. A mylar blackline and three (3) prints of fully executed parcel map. B. A mylar blackline and three (3) prints of fully executed improvement plans. C. A scan in raster format of all executed improvement plans and map. D. One (1) % size prints of fully executed plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and maps. If costs exceed the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. 17. SUCCESSORS AND ASSIGNS-COVENANT RUNNING WITH THE LAND This Agreement shall inure to the benefit of, and be binding upon the heirs, administrators, successors, assigns and transferees of the Parties, and shall be recorded in the Office of the County Recorder and constitute a covenant running with the land. Upon any sale or division of the Property, the terms, covenants, conditions and restrictions of this agreement shall apply to each parcel, and the owner or owners of each parcel shall succeed to the obligations imposed upon developer by this Agreement. 18. FAILURE TO PERFORM In the event developer fails to perform one or more of the covenants and conditions of this agreement, City at its option shall have recourse to the security given to guarantee the performance of such acts. City may, at its option, do or cause to be done, the acts required of Developer and shall have recourse against as much of the security is necessary to discharge Page 8 of 11 Developer's responsibility. City shall also have recourse against Developer for any and all amounts necessary to complete the obligations of Developer in the event that the security is insufficient to pay such amounts. All administrative costs, including reasonable attorney's fees incurred by City in addition to the costs of the improvements shall be proper charges against the security and Developer. 19. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Developer to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Public Works Director All notices, demands, requests, or approvals from City to Developer shall be addressed to Developer at: Jahangir Dewan & Fawzia Islam 10645 Stevens Canyon Road Cupertino, CA 95014 20. GOVERNING LAW AND ATTORNEY FEES This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. If City sues to compel Developer's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Developer agrees to pay all attorney's fees and other costs and expenses of litigating incurred by the City, even if Developer subsequently resumes and completes the work. 21. RELATIONSHIP OF PARTIES Neither Developer nor any of its contractors, employees or agents shall be deemed to be agents of the City in connection with the Performance of Developer's obligations under this agreement. 22. SEVERABILITY Page 9 of 11 22. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. 23. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Developer. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their respective, duly authorized officers on the date listed above. CITY OF CUPERTINO: Approved as to form: M.k andolph Stevenson Hom m Borden, .E. City Attorney Director of Public Works DEVELOPER: c Jahangir H. Dewan Fawzia J. I am Attach Notary acknowledgement Exhibits: Exhibits A & B- Dedicated Property Exhibit C-Schedule of Bonds, Fees and Deposits Exhibit D - Faithful Performance Bonds Exhibit E- Labor and Materials Bonds Page 10 of 11 EXmrrA DESCRIPTION Public Street Dedication 10645 Stevens Canyon Rd, Cupertino CA 95014 Being a Portion of Lot 24 of"Map of Inspiration Heights Manta Vista", Map Book "P", Page 13, Santa Clara County Records, situated in the City of Cupertino, County of Santa Clara, State of California, described as follows; BEGINNING at the most northeasterly corner of said Lot 24; thence along the northerly line of said Lot 24, North 89°43'40" West 10.29 feet; thence parallel to the easterly line of Stevens Canyon Road, South 13"58'00"West 103.05'to a point on the southerly line of said Lot 24;thence along said southerly line of said Lot 24, South 89°43'40" East 10.29 feet,to a point on the easterly line of said Lot 24; thence parallel to the easterly line of Stevens Canyon Road and along the easterly line of said Lot 24, North 13"58'00"East 103.05 feet to the POINT OF BEGINNING. Containing 1,030 S.F., more or less. This description was prepared by me or under my direction in conformance with the Land Surveyor's Act, GreenBluEarth, Inc. ortirio Oscar Osuna PLS 8921 pL LAND SG�� PORFIRIO OS Art OSVNA p Ir No.$921 �c <A� Exp. 9r�op('A4��fl� j_z54 LOT 29 1 1 1 to C-4 LOT 24 8c oZr . r Z PTN. OF LOT 29 1 �1 GROSS AREA: 1 1,203f SF 1 �o NET AREA: 10,173f SF Z rn � t 1 1 LOT 25 S13'58'00"W 103.05' 10.29' 10.29' N 13'58'00"E 103.05' o j�` ROW DEDICATION AREA: 1,030± SF P08 N I 1 STEVENS CANYON ROAD 1 S13'58'00"W Q�1AL LAND ABREVIATIONS c4,40\ PORFIRIO SG�L g POB POINT OF BEGINNING 6 OSCAR OSUNA a M SF SQUARE FEET " No 8921 10 30 50 * Exp. 9-30-16 M o zo �o roa r = 20 10645 STEVENS CANYON RD DATE: 1/25/16 GREENBLUEARTH, INC. PUBLIC STREET DEDICATION SCALE: 1°=20. 117 BERNAL R #70-336 DRAWN 8Y: 0.0. JOSE, IIFORNIA F'3GUIT B CHECKED BY: (408 72-44433811 CUPERTINO, CALIFORNIA JOB NO.: 1155 ti PLS N0.8921 P RFIRI SCAR OS A Exhibit C SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110-2211 $50,000.00 PART B. Labor and Material Bond: 110-2211 $50,000.00 PART C. Checking and Inspection Fee: 110-4538 $2,788.00 PART D. Development Maintenance Deposit: 110-2211 $1,000.00 PART E. Storm Drainage Fee—Basin 2: 215-4072 $1,164.00 PART F. Street Light—One-Year Power Cost: 110-4537 $0.00 PART G. Map Checking Fee: 110-4539 $0.00 PART H. Park Fee- Zone II: 280-4082 $6,000.00 PART I. Street Tree: $348.00 Page 11 of 11 , Annual Premium S 1,500.00 p Xhl F t 'Oond' No. 62733648 CUFF3� N0 i , ; ` . . FAITHFUL PERFO1LMANCE AND COWLETION FOROV&W34T BOND KNOW ALL,MEN BY TIIESE PRESENTS; Jahangir H Dewan and Fawzia J Islam dba H. Dewan and Fawzia J. Islam That we,Revocable Living Trust, Se0t-Pm1-Pr 2066 nPrincipalandwG.TFEit1�91IRFTy mmPAt`nr m Surety are held and firmly•bound unto the City of Cbper dno, Stato of California, in the sum of ; Fiftv Thousand and no/_],QsQ Dollars (5 5Q,CA)0_00 ) we bind i ourselves,our heirs,executors,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION of the foregoing obligation is such that, VnMREAS, said Principal will perform all necessary improvements relative to' Public Improvements god Grading & Drainage Plans. ,us,� . ., �•, �,_,_ located 10645 Stevens Canyon Rd. in accordance with tb©approved izaprovernmt plans prepared by_ Green Blue Earth,, Tn_ Civil Engineer on file in the Engineer's Office,City of Cupertino,and incorporated herein by reference, WHEREAS,'improvements shall,be completed within one(1)year i;orn the date of acceptance of this bond by the City Council. WHEREAS, improvements shall be maintained for a period of at least one (1) year afrer acceptance of eonstnrction by the City. This bond shall be in-M force and effect through the period of maintenance as provided in said contract. The maintenance period shall contb ue until such time that all deficiencies of construction am corrected i to the satisfaction of the City Engineer's Office. ?# WHEREAS, Principal and Surety shall be responsible fbr any and all damages arising under the original t contract. NOW THEREFORE, if the said Principal shalt well and truly do and perform all the covenants and obligations as set forth above,oA its part to be done and perfommcd at the time and in tsar.mariner specified therein, i then this obligation shall be null and void,otherwise,this band shall remain in full force and effect. In witness whereof, this instraznent has been duly executed by the Principal and Surety this 5th clay of Agril .2U 16 - Jahang.ir H Dewan and Fawzia J Islam dba H.. Dewan and Fawzia ,7. Islam Revocable- (To be signed by Principal and Surety.. Notary Acknowledgements required.) 1; BY: WES )ECammw- Davis, n%See. j •• � Attorney-iu fact . The above bond is accepted and approved this day of ,20 f I v4ioo Bond No. 62733648 ' CITY OF CUPEkTINO LABOR AND MATERIAL BOND FOR&U—BDIVISION IMPROVEMENTS Recitals Jahangir H Dewan• and Fawzia J Islam � dba H. Dewan and Fawzia J. Islam Revocable 1. The City of Cupettino, California, and Living Trust September 2006 (hereinafter referred to as "Principal', have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, dated February_ 26 , 2016 , and identified as project/tract no,. is incorporated by this reference as if set forth in.fivll; and, i Public Improvements and Grading & Drainage Plans, 10645 Stevens Canyon Rd. 2. Pursuant to the agreement,Principal is required,before commencing performau�e ofthe work, to file a good and sufficient payment bond with the City of Cupertino to secure any claims brought under Title 15,Division 3,Part 4 of the Civil.Code(commencing with Section 3082). NOW THEREFORE, the Principal and the undersigned as corporate surety (hereinafter referred to as "Surety) their heirs, successors, assigns, executors and administrators, jointly and severally are held bound unto the City of Cupertino and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the agreement and referred in the aforementioned Civil Code in the sum of Fifty Thousand and no/100 dollars($ 50,OOp.00 ),for materials famished or Iabor thereon of any leind,or for amounts due under j the Unemployment Insurance Act with respect to such work or labor,that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by the City of Cupertino in successfi ly enforcing sucb obligation, to be awarded and fixed by the court, and to be taxed as costs and tp be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (oom-nenoing with Section 3082) of Part 4 of Division 3 of the Civil Code,so as to give a right of action to there or their assigns in any suit brought upon-this bond. Should the-condition of this bond be fully performed,then this obligation shall become null and void,otherwise,it shall be.and remain-in full force and effect, The surety-hereby stipulated and agrees that no change,extension of time, alteration or addition to thatexxns of said agreement or the specifications accompanying the same shall,in any manner,affect its obligations on this bond, and it does hereby waive hztice of any such change, extension, alterationi or addition. 214100 i t IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and Surety this 5th day of April . ,20 16 Jahangir H Dewan and Fawzia.J Islam aba H. A2wan and Fawzia' J, Islam Revocable (To be signed by Principal and Surety. ' r.-v inn mr, 9t- L� rP r �c�h Notary Acknowledgements required.) Principal c WESTERN SURETY COASPANY Surety Aaaff.SeG, By: APPROVED AS TO FC� II The above bond is hereby accepted and approved this day of ,20 CITY OF CUPERTINO By: 2/4/00 i CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of 5&-4),-� &A_X� } On ZO t(e before me, SLklLt k V-1mey Na�'4-Mr Nu .� (Here insert name and title of the cer) personally appeared l FOLW ito— 5. who pr ved me on the basis of satisfactory evidence to be the perso s whose ram s r ubscribed to the within lust ent and acknowledged to me that he/she/ h executed a same in his/her hei authorized capacity), and that by his/her/ signs re(js on the instrument a persor@ or the entity upon behalf of which the perso r(S) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JULIA KINST Commission#2002313 WITNESS my hand and official seal. Z -. Notary Public-California D Santa Clara County My Comm.Expires Jan 25,2017 NotarXyublic Sig ature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notmy wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary lain. (Title or descrip ion of attac ed document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. �( � • The notary public must print his or her name as it appears within his or her Number of Pages—�Document Date 1 �o t commission followed by a commnia and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect foots (i.e. he/she/they,is/are)or circling the correct forms.Failure to correctly indicate this Indlvidual(� information may lead to rejection ofdocuntent recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area pennits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other . Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version wvvw.NotaiyClasses.cont 800-873-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of 5"k6. } On Ajk:q�c ?L; , ( b before me, Jwtj At K_4N sr Q't,-� , (Here inseiR name and title at the er) personally appeared -l1 wr. vJ'- boy-d 1'n , who proved to me on the basis of satisfactory evidence to be the person( whose name( Is/a/e subscribed to the within instrument and acknowledged to me that he/s�6/the(y executed the same in his/f &/Veir authorized capacity(io), and that by histfor/th,or signatureW on the instrument the person(), or the entity upon behalf of which the person(A acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JULIA Kit I WITNESS my hand and official seal. Commission #20t)2313 Notary Public, -C3litornia z / i Santa Clara County v My Comm. Expires Jan 25,2017 Notary Oublic Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notai)wording and, DESCRIPTION OF ZHE ATTACHED DOCUMEN ifneeded,should be completed and attached to the document.Acknowledgments j-om otter states mad•be completed for dociunents being sent to that state so long cis the wording does not require the California notaiy to violate California notary (Title or description of,attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) rnust also be the same date the acknowledgment is completed. I'w • The notary public must print his or her name as it appears within his or her T Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/thej-is/are)or circling the correct fonns.Failure to correctly indicate this J� Individual ( ) information may lead to rejection ofdocument recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. [repression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. Other ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version wvdw NotaryClasses com 800-873-9865 Securely attach this document to the signed document with a staple.