21-080 Installation Agreement, 10291 Imperial Avenue, APN 357-19-043RECORDING REQUESTED BY :
City of Cupertino
WHE RECORDED, MAIL TO:
City Clerk' Offic
City of Cupertino
10300 Torre A venue
Cuper tino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
25119139
Regina Alcomendras
Santa Clara Cou~ty -Clerk-Recorder
09/30/2021 03:25 PM
Titles: 1
Fees : 10 .00 Taxes : 0
Total : 0 .00
Pages : 15
(SPACE ABOVE THlS LTNE FOR RECORDER'S US E)
INSTALLATION AGREEMENT
10291 Imperial Avenue, Cupertino, CA 95014
APN 357-19-043
□ Original
□ Conformed Copy
City of Cupertino
INSTALLATION AGREEMENT
(Cupertino Municipal Code Chapter 14.04)
APN 357-19-043
10291 Imperial Avenue, Cupertino, CA 95014
This INSTALLATION AGREEMENT ("Agreement11
) for street improvements is made and
entered into this ?,f'fi. day of ~pA, , 2021, by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California, ("CITY"), and Xiaohu Li and Junruo
Zhang , husband and wife as community property with right of survivor ship (i1DEVELOPER 11
) for a
single family development located at 10291 Imperial Avenue, Cupertino, CA 95014 (APN 357-19-
043).
RECITALS
1 . DEVELOPER ha s presented to the City an application fo r a development entitlement
consi sting of a single family home (the "Development Entitlement11
) located at 10291 Imperial
Avenue, Cupertino CA (the "Property").
2. Chapter 14.04 of the Cupertino Municipal Code ("CMC 11
) requires, as a condition
precedent to the erection, construction, addition, alteration o r 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 CMC 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 specification s (the
"Improvement Plans") for construction, installation and completion of improvements. The
Improvement Plans titled Street Improvement Plan, prepared by RW Engineering, Inc. and dated
April 26, 2021, are hereby i ncorporated into this Agreement by reference.
NOW, THEREFORE, in consideration of the approval by City of the Development
Entitlement, City and Developer agree as follows:
1. DEVELOPER'S OBLIGATION TO IN STALL IMPROVEMENTS
Page 1 o f 11
a. Completion of Improvements. Developer, at its own expense, shall furhish, install, and
constru ct 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 Ci ty Engi neer of Cupertino and in accordan ce with
existing ord i nances and resolutio ns 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 Publi c 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 sha l l be considered
as referring to the City of Cupertino; also wherever the "Di rector" 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. Developer shall acquire all necessary permits, including
an encroachment permit from the City of Cupertino Public Works Department, prior to beginning
work in the public right of way.
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 ag reement.
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 responsi bility u ntil 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 secti on 8 of this Agreement.
2. TIME FOR INSTALLATION O F 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 peri od as
may be spec·ifically authorized in writi ng 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 comp lete the Work in whatever manner the CITY shall decide.
In t he 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 l l
be granted or street improvements shall not be accepted un le ss all the requirements for
sa fety pu rposes are installed, such as sidewalks, handicap ramps, street lights, etc.
3. DEDICATION OF EASEMENTS OR RIGHTS OF WAY
No dedication required .
4 . QUITCLAIM DEED
DEVELOPER, when requested by the CITY, shall quitclaim all his/her rights and interests in, and
sha l l 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 A, the SCHEDULE OF BONDS, FEES AND DEPOSITS.
(2) Labor and Materials. Security for labor and materials i n the amount set forth Part B of
Exhibit A, the SCHEDULE OF BONDS, FEES AND DEPOSITS .
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 AGREEMEN T, or to make any payment, or any dedication of l and, or any
im provements herein required, the CITY shall call on the surety to perform this AGREEMEN T or
otherwise indemnify the CITY for the D EVELOPER'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
Cupertiho; 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 sha ll be as designated by the City Engineer,
and shal l 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
faithful ly perform the covenants and condi tions of this AG REEMENT1 or to make any payment, or
any dedication of la nd, 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:
Page 3 of I I
(1) Release of 90 percent of the faithful performance bond upon acceptance by the Director of
Publ i c 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 t he absence of any claim against such bond.
(3) Release of the entire labor and material bond at six months from acceptance after al l
deficiencies have been corrected and in the absence of any cla i m against such bond.
(4) Liabi lity 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 i n the absence of any claim against such insurance.
6. PAYMENT OF REQU I RED 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 descri bed in t his
Agreement, and all taxes required by law.
b . Fees. Developer shall pay fe es in the amounts set forth in Exhibit A, including but not l i mited 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 all such amounts prior to execution of this AGREEMENT. Should
construction cost vary materially from the estimate from which said sum is ca l culated, the
City Engineer shall notify DEVELOPER of any additi onal sum due and owing as a result
thereof.
(2) Storm Dra i nage Fee. DEVELO PER 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 r equirements-established in Resolution 4422, March 21, 1977.
{3} Map Checking Fee. DEVE LOPER shall deposit with CITY, prior to execution of this
AGREEMENT, for office checking of final map and field checking of street monu ments, in
compliance with Sectfon 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 Secti on 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 .
7. STRE ET 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 appropri ate by the City
Page 4 of 11
Engineer, plant street trees i n conformance with the standards of the City of Cupertino. The
variety, number and location of trees are subject to City's prior approval.
8. MAINTENANCE AN D WAR RAN TY
a. Developer guarantees and warrants the I mprovements 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 I mprovements 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 reconstruc t any defective or otherwise unsatisfact ory parts of
the Improvements without delay and at no cost to City. If (a) Developer fails to commence repairs
with i n thirty (30) days of the date of mailed written notice from City, or (b) City determines that
public safety requi res repair before Developer can be notified, City may, at its sole opti on, perform
the required repair itself. Developer agrees to pay t he cost of any repairs City performs pursuant
to this agreement and City may1 at its option, recover that cost as a lien against Developer's
property.
9. SANITA RY 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 rev i ew by the
District and that sanitary sewers are available to serve all lots within said Project.
10. GOVERNMENT COSTS
DEVELOPER shall file with the CI TY, upon execution of this AGR EEMENT, substantial evidence that
all provisions of Section 66493, Article 81 Chapter 4 of the Government Code, pertaining to special
assessments or bonds, have been complied with.
1 1 . UTILITI ES
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
circu its to all electroliers within said property and any and all fees required for undergrounding as
provided in Ord inance No . 331 of CITY when the DEVELOPER is notified by either the City Engineer,
Pacific Gas and Electric Company, AT&T, or appropriate utility companies that said fees are due
and payable.
Page 5 of 11
12. EAS EM ENTS AN D 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.
13. HOLD HARMLESS AND INDEMNIFICATION
To the fullest extent allowed by law, DEVELOPER shall indemnify and hold harm l ess CITY, its City
Council, boards and commissions, officers, officials, agents, employees, servants, consultants and
volunteers (hereinafter, "lndemnitees") from and against any liability, loss, damage, expense, and
cost (including reasonable legal fees and costs of litigation or arbitration), resulting from injury to
or death of any person, damage to property, or liability for other claims, stop notices, demands,
causes of actions and actions, arising out of or in any way related to Developer's performance or
nonperformance of his/her duties under this Agreement, or from negligent acts or om issions or
willful misconduct of Deve loper, its agents, employees, contractors, or subcontractors. Developer
shall, at his/her own cost and expense, defend any and all claims, actions, suits or legal
proceedi ngs that may be brought against the City or any of the l ndemnitees (with council
acceptable to City) in connection with this Agreement or arising out of Developer's performance or
nonperformance of his/her duties and obligations hereunder, 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.
14. INSURANCE
Prior to commencing any of the Public Improvements or Work referenced in this Agreement,
DEVELOPER shall procure and maintain for the duration of the contract, insurance against claims
for injuri es to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Developer, its contractor, agents, representatives,
employees or subcontractors.
Coverage shall be at least as broad as :
1. Commercial General liability (CGL): Insurance ServTces Office (ISO) Form CG 00 01 covering CGL
on an "occurrence " basis, written on a comprehensive general liability form, and must include
coverage for liability arising from Developer's Contractors acts or omissions, including Contractors
protected coverage, blanket contractual, products and completed operations, vehicle coverage
and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence.
The CGL policy must protect against any and all liability for personal injury, death, property
Page 6 ofll
damage or destruction, and personal and advertising injury, If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or
25 04) or the general aggregate limit shall be twice the required occurrence limit.
a. Any available insurance proceeds broader than or in excess of the specified minimum
insurance coverage requirements and/or limits sha ll be made available to the Additional Insured
and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader
coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional I nsured coverage under Developer's policy shall be "primary and non-
contributory" and shall be at least as broad as 150 CG 20 010413.
c. The limits of insurance required may be satisfied by a combination of primary and
umbrella or excess insurance, provided each policy complies with the requirements set forth in
this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for the benefit of City
before the City's own insurance or self-insurance shall be called upon to protect City as a named
insured.
2. Automobile Liability covering owned, hired, and non-owned autos, with limit no les s than
$1,000,000 per accident for bodily i njury and property damage.
3. Workers' Compensation: As required by the State of California, with Statutory Limits, and
Employer's Liability Insurance of no less than $1,000,000 per accident for bodily injury or di sease.
If Developer maintains broader coverage and/or higher insurance limits, City will be entitled to
Developer's broader coverage and/or higher limits.
The City of Cupertino, its City Counc;I, officers, officials, employees, agents, servants and
vol unteers are to be covered as additional insureds on the CGL policy. Endorsement of CGL
coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.
For any claims related to this Agreement or the Work, Developer's insurance sha ll be "primary and
non-contributory" and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers,
officials, employees and volunteers, and shall not seek contribution from City's insura nce. If the
limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess
Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply
on a "primary and non-contributory" basis for the benefit of City.
Each i nsurance policy must provide that coverage will not be canceled, except with 30 days' notice
to City. Each certificate of insurance must state that the coverage afforded by the policy is in force
and will not be reduced, cancelled or allowed to expire without at least 30 days advance written
notice to City, unless due to non-payment of premiums, in which case ten days advance wri tten
notice must be provided to City. Such notice must be sent to City via certified mail and addressed
to the attention of the City Manager.
Page 7 of I 1
Each required policy must include an endorsement providing that the carrier agrees to waive any
right of subrogation it may have against City. Further, Developer agrees to waive any rights of
subrogation which any of Developer's insurers may acquire from Developer by virtue of payment
of any loss. Developer agrees to obtain any endorsement that may be necessary to affect this
waiver of subrogation. The Workers' Compensation policy must be endorsed with a waiver of
subrogation in favor of the City for all work performed by Developer or Developer's Contractor, its
em ployees, agents and subcontractors.
Insurance must be issued by insurers licensed in the State of California and with an A.M. Best's
financial str ength rating of "A VII" or better.
15. MAPS AND/OR IMPROVEMENT PLANS
Developer shall provide CllY with the following maps and/or plans at the DEVELOPER'S expense :
A. A mylar blackline of fully executed parcel map.
B. A scan in raster format of all executed improvement plans and map.
16. SUCC ESSORS AND ASSIGN S,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.
17. 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
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.
Page 8 of 11
18. NOTIC ES
All no t ices, demands, requests or approvals to be given under this Agreement shall be given in
writing and conclusively shall be deemed served when delivered personally o r on the second
business day after the deposit thereof in the United States Mail, postage prepaid, registered or
certified, addressed as hereinafter provided.
Al l notices, demands, requests, or approva ls from Devel oper to City shall be addressed to City at:
City of Cupertino
10300Torre Ave .
Cupertino CA 95014
Attenti on : Public Works Director
All notices, demands, requests, or approvals from City to Developer shal l be addressed to
Devel o per at
Xiaohu Li & Junruo Zhang
10291 Imperi al Avenue
Cupertino CA 950 14
19. GOVERN ING LAW AND ATTORNEY FEES
Th is 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 va li d laws , orders, rules, and
regulations of the authoriti es having jurisdiction over th is Agreement (or the successors of those
author ities.} Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Santa Clara, State of Ca l iforni a.
If City sues to compe l Developer's performance of this Agreement, or to recover damages or costs
incurr ed in completing or maintai ning the work on the Improvements, Developer agrees t o pay all
attorney's fees and other costs and expenses of l itigating incurred by the City, even i f Develope r
subsequently resumes and com pl etes the work.
20. RELATIONSH IP OF PARTI ES
Neither Developer nor any of its contractors, employees or agents shall be deemed to be agents of
the City in connection with t h e Performance of Developer's obligations under this agreement.
2 1. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreemen t is held invalid by
a court of competent jurisdicti on , the remainder of the agreement shall remain in full force and
effect.
22. INTEGRATED AG REEMEN T
This Agreement represents the fu ll and complete understanding of every kind or nature
whatsoever between the pa rties hereto, and all preliminary negotiations and agreements of
Page 9 of 11
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the prov i sions hereof. Any modification of this Agreement will be effecti ve only by
written execution signed by both City and Develope r. A l l 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 .
Christophe D. Jensen
City Attar ey
Attach Notary acknowledgement
Exhibit A -Schedule of Bonds, Fees and Deposits
Pa ge 10 of 11
CITY OF CUPERTINO:
Roger le
Director of Publ i c Works
DEVELOPER :
::,, /7 .A
Exhibit A
SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
$50,000.00
PARTB. Labor and Material Bond:
$50,000.00
PART C. Checktng and Inspection Fee:
$4,086.00
PART D. Storm Dra i nage Fee :
$1,224.00
PART E. Street Light -One-Year Power Cost:
$0.00
PART F, Street Tree Fee:
$0.00
PART G. Park Fee:
280-4082 $0.00
Page 11 of 11
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity nf the individual who signed the <locumenl Lo
which this cerUflcate is attached, and not the truthfulness, accuracy, or validity of that <locumcnl.
State of California
County of Santa Clara
On _S_e_p_te_m_b_er_3_,_2_0_2 _1 before me, _L_a_u_r_e_n_S_a_p_u_d--,-a_r-:----------,----,--,-----=--:------==---c--------'· Notary Pub I ic,
(!Jere insert name and title of the officer)
personally appeared _X:....L-_,_1 _~.;_--__ ..J_--'i'---1 ________________________ _,
who proved to me on the basis of satisfactory evidence to be the er on(s) whos name s) /are subscribed to
the within instmment and acknowledged to me tha /she/they executed the same m · /her/their authorized
a a (ies), and that by her/the· signafilte(s) on the instrument the rs_2,N(s). or the entity upon behalf of
which the erso {s) acted, executed the mstrument.
l ce1tify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Wl~Ef S my ~d and official seal.
/ (/iJA.:V/)!::l..r--
si~rNoiary"rub1ic t (Notary Sea l)
~············~ • , LAUREi-i SAPUDAR
_ ~• Notary Public • Ca lifornia %
i] !~:k Santa Clara County ~
'-~~JI Commissio n # 224 7155
,,,,., •• ,· l'oy Comm , Expi res Jun '22 , 2022
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTIO N OF THE A TI ACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached docwnent contin ued)
Number of Page __ Document Date ____ _
{Additional information)
CAPACITY CLAJMED BY THE SIGNER
D Individual (s)
D Corporate Officer
(Title)
D Partner(s)
D Attorney-in-Fact
D Trustee(s)
D Other ___________ _
JNSTRUCTIONS FOR COMPLETING TH IS FORM
A11y ack11owledgment completed in California musL contain verbiage exactly as
appears above In th e no/a,y sec tion or a separate ru.:knowledgme11/ fi;rm mu.11 be
properly completed (IJld attach ed lo that doc11111e111. 71,e 011ly e.tceplion is if a
docw11mt is to be recorded outside nj'Cal//i1mia . In Sti ch instance s, any alternative
aclaiowledgm em verbi11ge as may be prinred 011 such a docum ent m long as the-
verbiage does riot r eq11ire th e norary 10 do something 1h01 i illegal /or a n1.11a,y in
Calijomia (i e. certijj,ing tire a11thorized capaci (Y of tire signer). Pleas e ch eck the
1il.lc11111e11t careji,i/y for · proper 11 0/aria/ wording a11d a/lach this /orm if reqirired .
• lat e and County infonnation must be the tale and County where the docwnent
signer(s) personally appean:cl before the nota1y public fo r acknowledgmenL
• Date of not,1rization must be the dale that the signer(s) personally appeared which
must also be the same date the acknowledgment is comple ted .
• The notary public must print bis or her name as it appears within bis or her
commission followed by a comma and then your title (notary public).
• Print the mmw(s) or docum~nt -signer(s) who personally appear nL the time of
nolilrizntmn.
• lndicate the correct singular or plum! forms by (:rossing off mcorrcct fonns (i,e .
he /she/they, is 19.ffJ ) or circling the correct forms . failu.n; to eom:cUy indicate this
infomrntion may lead to reje{:tioo of document recording .
• The oot:uy seal impression must be clear and photographically reproducible .
Impression mu.st oot cover lexl or lines . If seal impression sm udges, re -sea l if a
sufficient area pennits , otherwise complete a different ack now ledgment form .
• Signature or the uotruy publi must match the signature on file with thu office of
the county clerk.
❖ Additional infom1ation is not req uired but could help to ensure this
acknowledgment is oot misused or attached to a dilTrrent document.
❖ lndicate title or type of attached document, number of pages and date .
❖ Indicate the capai;ity claimed by Ute signer . If the claimed cnpac1ty is a
corpornte officer , indicate the title (i .e. CEO. CFO, Sl!cret 1ry).
• ocurely attach this docume nt to the signed docwneot
C 2004-20 15 PmLrnk Slgn u1ij S,rvl c,, lnr -All R1ghu Rc m wd www.ThePro Li nk.c orn -N>1lo nwi de oi,r)'S.rvl ct
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or othcr officer completing this certifica te verifies only the identity of the individual who signed the document lo
which this certificate is attached, and not the trulhfulncss. accuracy, or validity of that docun1cnt.
State of California
County of Santa Clara
On September 3,2021 before me, Lauren Sapudar -------------------------~ otary Public
(Here insert name and title of lhe officer)
who proved to me on the basis of satisfactory evidence to be the rs , il(s) whose ame(s) ·s/are subscribed to
the within instrwnent and acknowledged to me that he ~ hey executed the same in his ei'/their authorized
capac1 t ies) and that by his/ e ,/the· si.gn~e( s) on the instrument the s), or the entity upon behalf of
w ch the erson(s) acted executed the instrument.
I ce11ify under PENALTY OF PERJURY under the laws of the State of CaJifomia that the foregoing paragraph
is true and coJTect. •••••••••••• f
, , , LAUREN SAPUDAR.
,.. • Notary Pub lic · Callforn\a = Santa Clara County !
' Commission# 2247155 •
My Comm. UDire~ Jun 22 , 2022
( olruy Seal)
ADDITIONAL OPTIO AL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title orde criptioo ofatta hed docwnentl
(Till~ or description of attncbed document continued)
Number of Pages __ Document Date ____ _
(Additional infonoatioo)
CAPACITY CLAIMED BY THE SIGNER
D Individual ( )
D Corporate Officer
(Tit.le}
D Partner(s)
D Attorney-in-Fact
D Trustee(s)
D Other ___________ _
[NSTRUCTIONS FOR COMPLETING THIS FORM
1l11y aclmowlcdgment completed in Calijornia must canra/11 verbiage exac1/y a:,·
appears abo e i11 the no1ary section or a l'Cparale ack11owledgme111 fonn must be
properly comple1ed and 1111ached ro rhat document , The Of/ly e:xcep(ion is if u
doc11me111 is lo be recorded oulside of Califonu'tL In such 111s1a11ces. any a/ternathoe
ack11owledgme111 verbiage as may be printed cm s11ch c, doc11me111 ,rn long as rhe
verbiage does 1101 require the 1101wy ro do something that is illegal for a 110/ary m
Cal/fornia (i.e , cerr/f51ing 1he awhori;cd l)(lpacily of the signer). Please check the
doc11me111 carefal(vfor proper notarial wording and allach this form if required.
• State and County infonoatioa must be the tale and County where the document
sigoer(s) personally appeared before the ootary public for acknowledgment.
• Dale of notarization must be the date that Lbc signer( ) personally appeared which
must also be the ame dale the acknowledgment 1s completed.
• Tbe notary public must print his or her name as it appears within his or her
commission followed by a comma and tl1en your title (notary public).
• Print the oame(s) of documen1 signer( ) who personally apperu at the time of
notaiization ,
• Indicate the correct singular or plural fonns by crossing off incorrect fonns (i,e.
ltt!/she/1Jiey, is /aFe ) or circling the correct forms . Failure to correctly indicale this
information may lead to rejection of document recording .
• The notary sea l impression must be clear and photogmphical\y reproducible .
Impression must not cover text or lines , If seal impression smudges, n:-seal if a
sufficient area pennirs, otherwise comp lete a different acknowledgmeat limn,
• Signature oftbe notary public must match the ignature 011 file with the office of
the cowity clerk.
·•· dditional information is not required but could help to en:~ tlu s
acknowledgmeal is not misused or attached to a different documeol.
❖ Indicate title or type of attacheil tlocwnent . number of pages and d11te .
❖ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the litle (i.e . CEO, CFO, Secretary).
• Securely attach this document 10 the signed document
CWM-2013 Prot Ink Signing S.1vl« In<. -All Rl&ht , Rmrvtd www.ThcPmLin <om -Nullonwtd, Notary S.rvtcc
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing !his certl.ficate verifies only the identity oftbe individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Californja
Count of Santa Clara
On Sept. 14, 2021 before me, Marilyn Monreal , Notary Public,
(Here insen name and title of the officer)
per anally appeared _R_o_g_e_r_L_e_e __________________________ _
who proved to me on the basis of satisfactory evidence to be the person,cs{"whose nam~i e subscribed to
the within instrument and cknowledged to me th he ~ executed the same i 1s rltlreir authorized
capacity(~ and that b~~~tj;ietr signature~ ~strument the perso~). or t e entity upon behalf of
which the personffl acte~ecuted the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
W r ESS my hand and official seal.
,g,.rucoof~
(Notary Seal l
MAIULYN MONREAL
Notary Public • Ca1ffornfa
Santa Clara County f
Commfufon # 2367815
My Comm. uplr es Jul 27 . 2025
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTJON OF T HE A IT ACHED DOCUME T
(Tille or descript ion of attached document)
(Title or descnptmn of attached document continued)
umber of Pages __ Do umentDate ___ _
(Addillonal infonnntion)
APACITY CLAIMED BY THE IGNER
0 In div idual s)
0 Corpo rate Officer
(Title)
D Partner(s)
O Attorney-in-Fact
0 Trustee(s)
0 Other ___________ _
fNSTRUCTfO FOR COMPLETING THTS FORM
Any aclmowledgmenl completed in Ca lifornia mus / contain verbiage e:rac1/y u:1
appears above In the notmy secti OII or a separate aclmowledgmenl form mus1 be
properly completed and al/ached to 1haL doc11m e111. The only exceplion is if a
documem is 10 be recorded or.tside o/Califomia. /11 such instances , any allernat/,·e
acknawledgmem verbiage as may be prtmed on such a dncw11en1 so long as /he
,,erbiage does ,101 reqwre 1he notary to do something that is ,/legal for a notary in
California (i e. certifying rhe autl!orl.ed capaci ty of 1he signer). Please check the
documem carefully/or proper norariol wording and a/loch t/11.i farm if reqwred.
• Stale and Cnunty information must t,e the State and Cnwity where th e document
signer(s) personally appeared before Lhe notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared ,11h1ch
must als o be the same date the acknowledgment is completed .
• 1he notary publ,c must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document igner(s) who personally appear at the time of'
notarization
• lndicate the correct singu lar or plural fom1s by crossing off incorrect fom1s (i.e.
l,e/she/11\ey, is 11ml ) or circling tl1e correct forms. Failure to correctly indicate this
information may lead to rejection of document record mg .
• The notary st.>al impress ion must be cl~ar and photograph1cally reproducible.
lmpressmn must not cover text or lines If seal impression smudges, re-sc J 1f a
sufficient area permits. otherwise complcle a different acknowledgmenl fonn
• Signature of the notary puhlle must match the signature on file w,th the office of
the county clerk
❖ Additional 111formauon is not required bul could help to ensure th is
aolmO\,ledgment is not misused or attached to a different documenL
❖ Indicate title or tyPe of attach~d document. number of pnges and date .
❖ Indicate the capacity claimed by the s1gn~.r If the claimed capacity is o
corporate officer. indicate the title (i e. CEO, CFO. Secretary),
• Securely an ch this document to the signed documen t