CC Resolution No. 22-060 accepting the Offers of Dedication and Waiver of Future Reimbursement from property owners at 10155, 10165, and 10420 Orange AvenueRESOLUTION N0. 22-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
TO ACCEPT THE DEDICATION OF PRIV ATE PROPERTY RIGHTS TO
10155,10165, AND 10420 0RANGE AVENUE FOR THE CONSTRUCTION OF
SIDEWALK IMPROVEMENTS ON ORANGE AVENUE AND WAIVING
FUTURE REIMBURSEMENT OF CITY-FUNDED PUBLIC IMPROVEMENTS
WHEREAS, THE City desires to construct sidewalks on Orange Avenue in
areas where the sidewalks are currently discontinuous; and
WHEREAS, section 14.04.110 of the City of Cupertino Municipal Code
allows the City to provide a waiver of future reimbursement of the cost for City-
funded public improvements when the property owner donates the property
rights necessary for the improvement project; and
WHEREAS, three property owners have donated properFy rights along
their property frontages necessary for the construction of the Orange Avenue
Sidewalk Improvements Project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby accepts the dedication of property to 10155, 10165, and 10420
Orange Avenue and as further described in each of the three Agreements
Regarding Offer of Dedication and Waiver of Future Reimbursement, attached as
Exhibits A through C.
PASSED AND ADOPTED at a special meeting of the City Council of the
City of Cupertino this 19th day of May 2022, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
Members of the City Council
Paul, Chao, Moore, Wei, Willey
None
None
None
Resolution No. 22-060
Page 2
SIGNED:
(;> C //7%Z-62Z_-
6CiatyrcyofPCauupl Layor Date
ATTEST:
Kirsten Squarcia, City Clerk Date
6/21/22
OFFICIAL BUSINESS.
Document entitled to free
recording per Government
Code S, 6103 and § 27383
RECORDING Rpqtxsarpo BY AND
WHEN RECORDED MAIL 'ro:
City of Cupeitino
10300 Torre Avenue
Cupertino, California 95014
Attn: Director of Public Works
SPACE ,'J30VE THIS LINE FOR RECORDING USE
AGREEMENT REGARDING OFFER OF DEDICATION & WAIVER OF FUTURE
RF,IMBURSEMENT, RIGHT OF ENTRY, AND LICENSE TO USE PROPERTY
This Agreement Regarding Right of Entry, License, Offer of Dedication and Waiver of Future
Reimbursement ("Agreement") is made and effective this day of , 20 , by
John Albert Impink ("Owner") and the City of Cupertino, a municipal corporation ("City"). Owner and
City may each be referred to as a "Party," or collectively as the "Parties."
RECITALS
A. Owner is the owner in fee of real property with a street address of 10155 0range Avenue
in the City of Cupertino, County of Santa Clara, designated as Assessor's Parcel No. 357-16-058, more
particularly described in Exhibit A (the "Site").
B, Section 14.04.110 of the Cupertino Municipal Code provides that if the City or another
property owner installs improvements that benefit a property, the owner of the benefitted propeity is
required to reimburse the City or the property owner for its reasonable share of the costs of such
improvements when the benefitted property owner seeks a land use entitlement from City. Section
18,56.040 of the City of Cupertino Municipal Code imposes a similar reimbursement requirement. Both
sections provide, however, that if a property owner dedicates necessary right-of-way to the City without
charge, the City may enter into an agreement with the owner to waive future reimbursement
requirements
C. City is in the process of trying to improve the walkability of routes to schools,
particularly those areas lacking curb, gutter and sidewalk. The Orange Avenue Sidewalk project (the
"Project") will construct those improvements. A portion of the Site is among those areas the City desires
to improve. Owner agrees to extend a right of entry to City and a license to use the Dedication
Area to construct improvements and allow public use of those improvements until the City owns the
Dedication Area.
D. Owner has agreed to dedicate to City that certain approximately 318 square foot portion
of the Site as depicted in the diagram attached hereto and incorporated herein as Exhibit B and more
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particularly described in the legal description attaclied liereto and incorporated herein as (the
"Dedication Area"), in consideration of the City's limited waiver of future reimbursei'nent requirements,
and to grant City a right-of-entry to the Dedication Area.
NOW THEREFORE, in consideration of the mutual promises, approyals, and covenants made
by the Parties and otlier considerations, the value, adeqriacy and receipt of which are hereby
acknowledged, the Paities agree as follows:
1. Right of Entry. Subject to the terins and conditions of this Agreement, Owner hereby
grants to City, its contractors, subcontractors, employees, agents, invitees and the public a non-exclusive
right to enter the Dedication Area for the purpose of constructing the Project on the Property and the
right to remove any improvements presently within the Property to allow for construction of the Project,
as well as to allow the public use of the Dedication Area upon completion of the Project on the Property.
This Right of Entry shall expire and terminate upon the recordation of tlie City's acceptance of the
Offer, as set foith in section 4.3 below.
2. Offer of Dedication. Owner does hereby irrevocably offer to dedicate in fee the
Dedication Area for street, highway, public utility, public pedestrian, landscaping and any other public
purpose (the "Offer"). The Offer is irrevocable and shall be absolutely binding upon the Owner, its
heirs, successors, assigns, and all persons claiming an interest in the Site through them.
3. Condition of Title; Removal of Liens. Owner shall work in good faith with City to
remove any and all encumbrances or liens (other than the lien for current taxes not yet due and payable),
including any deed of trust securing the obligation to pay a mortgage loan, encumbering all or any
portion of the Dedication Area. With respect to deed(s) of trust, City, at its cost, shall prepare and
provide to Owner the forms of partial reconveyance instrument(s) required to remove the Dedication
Area from the lien(s) of such deed(s) of trust. The removal of all such liens, including lien(s) of deed(s)
of trust, shall be a condition precedent to the effectiveness of City's waiver of the right to future
reimbursement as set foith in Section 6 below. The failure to obtain any reconveyance required by this
Section 3 shall not otherwise limit City's or Owner's rights or obligations under this Agreement.
4.Time and Manner of Acceptance.
4.1 The Offer may be accepted by Resolution of tlie City Council of the City of
Cupertino and not in any other maru'ier. Any purported acceptance of the Offer by or on behalf of the
City, other than in this manner, shall be null and void and of no force or effect.
4.2 The Offer shall remain in effect until accepted by Council Resolution. The Offer
may not be teri'ninated, or the right to accept the Offer abandoned, except by Council Resolution in the
same manner as prescribed for summary vacation of streets or highways by Part 3 (commencing with
Section 8300) of Division 9 of the Streets and Highways Code.
4.3 Upon acceptance of the Offer, the City shall mail a copy of its Resolution of
Acceptance to the then-owners of the Site at the address shown on the latest County of Santa Clara
secured assessment roll and at the address listed in the Offer for notices.
-2-
5. Use of Property Prior to Acceptance of Offer. Owner agrees tl'iat it will not use the
Dedication Area in any way that will interfere with the use of the Dedication Area for public right-of-
way.
6. Limited Waiver of Reimbursement Requirement. Subject to satisfaction of the lien
removal condition set fotth in Section 3 above and tlie limitations of this Section 6, upon City's
acceptance of tlie Offer, City hereby agrees to waive any and all future reimbursements for the costs of
any improvei'nents installed by City or its contractors on the Dedication Area ("City Work"), including
reimbursei'nents required by Sections 14.04.100 and 18.56.040 of the Cupeitino Municipal Code, which
may be charged to Owner at such time as Owner obtains a future land rise entitlement with respect to the
Site. This waiver of right to future reimbursement shall include only the costs of the City Work and
shall remain in effect for twenty-five (25) years following City's acceptance of the Offer.
Notwithstandmg any other provision hereof to the contrary, Owner shall remain obligated to pay any
developi'nent ii'npact fees, including roadway impact fees, and the costs of any other improvements
required in connection with the applicable land use entitlement. Further, in recognition of the fact that
the City Work improvements will have a limited useful life, following expiration of the 25-year period,
City shall have the riglit to require Owner to fund the cost of reconstructing any public improvements
within the Dedication Area that City could then lawfully require Owner to fund in the absence of this
Agreement.
7. No Liens. The City will not permit to be filed or enforced against the Property, or any
part tliereof, any statutory lien for labor or materials (including without limitation any mechanics or
materialmen's lien) or any claim for damages arising from City's use of, or activities on the Property
with respect to the Project.
8. Indemnity. City shall indemni'fy, defend, and hold harmless Owner and Owner's officers,
agents and employees against any and all liability, claims, actions, causes of action or demands arising
out of, connected with, or caused by City or City's employees, agents, independent contractors,
companies, or subcontractors use of the Property, except to the extent of Owner's negligence or willful
misconduct.
9. Insurance. City shall maintain, or require its contractor to maintain, commercial general
liability and comprehensive automobile policies that include, cover and insure tlie work performed on
the Project and the terms and conditions of this Agreement, including the activities or operations of any
contractor and its employees, agents, representatives and subcontractors under this Agreement.
10. Notices. Any notices which either Party may desire to give to the other Paity under this
Agreement must be iii writing and may be given either by (i) personal service; (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, which provides a
receipt showing date and time of delivetay; or (iii) mailing in the United States Mail, certified mail,
postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at
any other address as that Paity may later designate by notice:
-3-
To City:City of Cupeitino
10300 Torre Avenue
Cupertino, CA 95014
Attention: Public Works Director
With a copy to:City of Cupeitino
10300 Torre Avenue
Cupertino, CA 95014
Attention: City Attorney
To Owner:John Albert Impink
10155 0range Avenue
Cupertino, CA 95014
11. Agreement Runs with Land; Recordation. The provisions of this Agreement shall inure
to the benefit of and be binding upon the owners of the Site and their heirs, successors or assigns, and
any other person claiming an interest in the Site through them. Upon execution, this Agreement shall be
recorded in the Official Records of Santa Clara County.
12. Waiver of Further Compensation. Owner hereby expressly and unconditionally waives
any and all riglit to claim, demand, or receive any further compensation for the Dedication Area which
Owner may be eligible to receive under the California Relocation Assistance Act (Government Code
§7260, et seq.), Article 1, § 19 of the California Constitution, the California Eminent Domain Law
(Code of Civil Procedure §1230.010, et seq.), and/or the California Code of Regulations, Title 25 or
other applicable local, state, or federal statute, ordinance, regulation, rule, or decisional law (collectively
"Compensatory Laws"), including, but not limited to, the fair market value of the Dedication Area,
severance damages, loss of goodwill, loss of profits, or relocation benefits and assistance, or claims for
unreasonable precondemnation activities or inverse condemnation, or any other compensation as a result
of the Parties' agreements hereunder or the City's acceptance of the Offer. Furthermore, Owner hereby
expressly releases the City of Cupeitino, and its respective officials, officers, employees,
representatives, successors and assigns, from any liability, responsibility, or obligation to pay any
further compensation for the Dedication Area which Owner may be eligible to receive under the
Compensatory Laws as a result of City's acceptance thereof.
13. Authority to Execute. The person or persons executing this Agreement on behalf of
Owner warrants and represents that he/she/they has/have the authority to execute this Agreement on
behalf of Owner and warrants and represents that he/she/they has/have the authority to bind Owner to
the performance of its obligations hereunder.
14. Entire Agreement. This Agreement embodies the entire integrated agreement and
understanding between the Parties hereto. There are no other agreements or understandings, oral or
written, with reference to the subject matter hereof that are not merged herein and superseded hereby,
except as set forth herein above.
15. Amendi'nents. This Agreement may only be terminated or modified in a writing executed
by both Parties and recorded in the Official Records of Santa Clara County.
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16. Governing Law: Venue. This Agreement shall be construed and enforced in accordance
with the laws of the State of California, without reference to choice of law provisions. Any legal actions
under this Agreement shall be brouglit only in the Superior Court of the County of Santa Clara, State of
California.
17. Interpretation. This Agreement shall be construed according to its fair meaning, and not
strictly for or against any Paity. This Agreement shall be deemed to have been prepared jointly by the
Patties hereto, and the terms of tliis Agreement liave been negotiated by the Paities and the language
used in this Agreement shall be deemed to be tlie language chosen by the Paities to express their mutual
intent. This Agreei'nent sliall be construed without regard to any presumption or rule requiring
construction against the Party causing such instrument or any portion thereof to be drafted, or in favor of
the Paity receiving a paiticular benefit under the Agreement. No rule of strict construction will be
applied against any Party hereto. When used herein, the singular form of the word includes the plural
form in appropriate context. Use of the term "including" is meant to be without limitation, such as
"including but not limited to" or similar. Section headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants or conditions
contained in this Agreement.
18. No Partnership. Nothing herein contained shall be construed to create a joint venture or
partnership or to create the relationship of principal and agent or of any association between City and
Owner.
19. Fuither Cooperation. Each Party hereto agrees to execute any and all documents and
writings which may be necessary or expedient and do such otlier acts as will further the prirposes hereof.
20. Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of
the respective successors, heirs, and assigns of the Parties.
21. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the signatory Parties and their successors and assigns. No other person shall
have any right of action based upon any provision in this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year
first written above.
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CITY:OWNER:
CITY OF CUPERTINO, a California
municipal corporation
By:
ity Manager
[Notaiy Acknowledgment Requiredl
APPRO 0 FO
Christopher D.
City Attorney
ATTEST:
John Albeit Impink, a single man
By:
Name:
Title: [if
applicableJ
[Notaiy Aclcnowledgment Reqziiredl
By:
Name:
Title: [if
applicable)
[NotaryAcknowledgment Requiredl
By:
Kirsten Squarcia
City Clerk
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CAI_,IFORNIA 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 Santa Clara
On June li2022 before me, Lauren SaPudar , Notary Public,
(Here insert name and title of the officer)
personally appeared J'm ThrOo';'
who proved to me on the basis of satisfactory evidence to be thg(s) whosea5e(s)*/are subscribed to
the within instniment and acknowledged to me thatdm'/she/they executed the same in ffi/her/their authorized
i(ies),anathatbyaffl/her/their%(s)ontheinstrumentth6- (s),ortheentityuponbehalfof
which thel-(s) acted, executed the instrument.
I certify under PENALTY OF PERJ[_JRY under the laws of the State of California that the foregoing paragraph
is true and correct.
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Any acknowledgment completed in Ca%rnia must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception rs f a
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(Title or descriph'on ofattached docutnent) aCKllOWleag)nen[ VerDlage aS maJ De pnn[ea On SuCn a aOCllment SO rang aS the
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CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the ideritity of the individual who signed the document to
which this certificate is attaclied, and not the truthfulness, accuracy, or validity of that document.
State of California
Countyof Santa Clara
On %,;sS l'l, >zL beforeme, Lauren Sa'Dudar
(Here insertnatne and title of the officer)
personallyappeared J:)=3nn I/Vipi-"lle,
, Notary Public,
twhheowpirtbinoVedin'sotrummeeonntjahnedbaacskn"soowfsleahdgsfeadC'too'meeVt"hdaetn@ce'soheb/eth'ehye:ersods)twhehosasmerm';J(s/hoaser/rtheesirubasuctrh'boieidze'do
l(ies), and that by her/their 8(s) on the instrument th&(s), or the entity upon behalf of
which the pd) acted, executed the inshument.
I certify under PENALTY OF PERJURY under the laws of the State of Califo.tnia that the foregoing paragraph
is tnie and correct.
S my hand and official seal.
of Notary Public
(Notary Seal)
(:=a>!3) 'otsaa'ntPaucbi'a'rCa-':coau"'nftoyrn'a Ea
Commission ff 2247U5
My Comm. Expires Jun 22, 2022 t
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The tiotary public must pnnt his or her name as it appears within his or her
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Securely attach this documentto the signed document
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EXmBIT A
Legal Description of Site
For APN/Parcel ID 357-16-058
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
CUPERTINO, COLTNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
The South 25.88 feet of Section 61 and the Nortli 37.12 feet of Section 77 by unifori'n depth of
105.15 feet (measured from the West line of Orange Avenue 30 feet wide) as the same are so
designated and delineated upon that certain Map entitled, "Map of Subdivision "A" Monta
Vista", wliich Map was filed for record in the office of the Recorder of the County of Santa
Clara, State of California on April 11, 1917 in BOOk "P" of Maps, page 20.
EXCEPTING THEREFROM the Easterly 4 feet thereof as conveyed to the County of Santa
Clara by deed dated March 17, 1953 and recorded Februaty 24, 1954 in Book 2820 of Official
Records, page 584, Official Records
Exhibit A
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Date: 2021-m-25
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EXHIBIT "B"
PLAT TO ACCOMPANY DESCRIPTION:
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[)iavn: RF
Checked: TG
PmJ EThF.: .ic 1570 0akland Road (408) 487-2200
San Jose, CA 95'i31 HMHca.com
Kl(inI Ul- WAY
CUPERTINO CALIFORNIA489303PL36
January 25, 2021
HMH 4893.03/5283.04
Page I of 1
EXHIBIT "C"
RIGHT OF WAY
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a
portion of that parcel of land described in the Grant Deed recorded April 29, 1977, in Book C781
of Official Records, page 667, Santa Clara County Records, described as follows:
COMMENCING at the intersection of the easterly prolongation of the southerly line of said
parcel of land and the centerline of Orange Avenue;
Thence along said easterly prolongation, North 89ol7'06" West, 15.00 feet, to the TRUE POINT
OF BEGINNING:
Thence along the southerly line of said parcel of land, North 89ol7'06" West, 5.00 feet, to a line
parallel with and 20 feet westerly of the centerline of Orange Avenue;
Thence along said parallel line, North 00o54'52" East, 63.61 feet, to the northerly line of said
parcel of land;
Thence along said northerly line, South 89o16'53" East, 5.00 feet, to the westerly line of Orange
Avenue;
Thence along said westerly line, South 00o54'52" West, 63.61 feet, to the TRUE POINT OF
BEGINNING.
Containing 318 square feet, more or less.
Date:
489303LD36 - ROW.docx
15700aklandRoad I SanJose,California95131 I (408)487-2200 l (408)487-2222Fax I www.HMHca.com
OFFICIAL BUSINESS.
Docuinent entitled to free
recording per Government
Code § 6103 and § 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Cupertino
10300 Torre Avenue
Cupeitino, California 95014
Attn: Director of Public Works
SPACE ABOVF. THIS LINE FOR RECORDING USE
AGREEMENT REGARDING OFFER OF DEDICATION & WAIVER OF FUTURE
REIMBURSEMENT, RIGHT OF ENTRY, AND LICENSE TO USE PROPERTY
This Agreement Regarding Right of Entry, License, Offer of Dedication and Waiver of Future
Reimbursement ("Agreement") is made and effective this day of , 20, by
Tim R. Kurreck ("Owner") and the City of Cupeitino, a municipal corporation ("City"). Owner and
City may each be referred to as a "Party," or collectively as the "Parties."
RECITALS
A. Owner is the owner in fee of real property with a street address of 10165 0range Avenue
in the City of Cupertino, County of Santa Clara, designated as Assessor's Parcel No. 357-16-059, more
particularly described in Exhibit A (the "Site").
B. Section 14.04.110 of the Cupertino Municipal Code provides that if the City or another
property owner installs improvements that benefit a property, the owner of the benefitted property is
required to reimburse the City or the property owner for its reasonable share of the costs of such
improvements when the benefitted propeity owner seeks a land use entitlement from City. Section
18.56.040 of the City of Cupeitino Municipal Code imposes a similar reimbursement requirement. Both
sections provide, however, tl'iat if a property owner dedicates necessary right-of-way to the City without
charge, the City may enter into an agreement with the owner to waive future reimbursement
requirements.
C. City is in the process of trying to improve the walkability of routes to schools,
particularly those areas lacking curb, gutter and sidewalk. The Orange Avenue Sidewalk project (the
"Project") will construct those improvements. A portion of the Site is among those areas the City
desires to improve. Owner agrees to extend a right of entry to City and a license to use the Dedication
Area to construct improvements and allow public use of those improvements until the City owns the
Dedication Area.
D. Owner has agreed to dedicate to City that certain approximately 315 square foot poition
of the Site as depicted in the diagram attached hereto and incorporated herein as Exhibit B and more
-l-
paiticularly described in tlie legal description attached hereto and incorporated lierein as (the
"Dedication Area"), in consideratioi'i of the City's limited waiver of future reiinbursement requirements,
and to grant City a riglit-of-entiy to the Dedication Area.
NOW THEREFORE, in consideration of the mutual promises, approvals, and covenants made
by the Parties and other considerations, tlie value, adequacy and receipt of which are hereby
acknowledged, the Parties agree as follows:
1. Right of Entry. Subject to the terms and conditions of this Agreement, Owner hereby
grants to City, its contractors, subcontractors, employees, agents, invitees and the priblic a non-exclusive
right to enter the Dedication Area for the purpose of constructing tlie Project on the Propeity and the
right to remove any improvements presently within tl'ie Propeity to allow for construction of the Project,
as well as to allow the public use of the Dedication Area upon completion of the Project on the Property.
This Right of Entry shall expire and terminate upon the recordation of the City's acceptance of the
Offer, as set forth in section 4.3 below.
2. Offer of Dedication. Owner does hereby irrevocably offer to dedicate in fee the
Dedication Area for street, highway, priblic utility, public pedestrian, landscaping and any other public
purpose (the "Offer"). The Offer is irrevocable and shall be absolutely binding upon the Owner, its
heirs, successors, assigns, and all persons claiming an interest in the Site through them.
3. Condition of Title; Removal of Liens. Owner shall work in good faith with City to
remove any and all encumbrances or liens (otlier than the lien for current taxes not yet due and payable),
including any deed of trust securing the obligation to pay a mortgage loan, encumbering all or any
portion of the Dedication Area. With respect to deed(s) of trust, City, at its cost, shall prepare and
provide to Owner the forms of partial reconveyance instrument(s) required to remove the Dedication
Area from the lien(s) of such deed(s) of trust. The removal of all such liens, including lien(s) of deed(s)
of trust, shall be a condition precedent to the effectiveness of City's waiver of the riglit to future
reimbursement as set forth in Section 6 below. The failure to obtain any reconveyance required by this
Section 3 shall not otherwise limit City's or Owner's rights or obligations under this Agreement.
4.Time and Manner of Acceptance.
4.1 The Offer may be accepted by Resolution of the City Council of the City of
Cupertino and not in any other manner. Any purported acceptance of the Offer by or on behalf of the
City, other than in this manner, shall be null and void and of no force or effect.
4.2 The Offer shall remain in effect until accepted by Council Resolution. The Offer
may not be terminated, or the riglit to accept the Offer abandoned, except by Council Resolution in the
same manner as prescribed for summary vacation of streets or highways by Part 3 (commencing with
Section 8300) of Division 9 of the Streets and Highways Code.
4.3 Upon acceptance of the Offer, the City shall mail a copy of its Resolution of
Acceptance to the then-owners of the Site at the address shown on the latest County of Santa Clara
secured assessment roll and at the address listed in the Offer for notices.
-2-
5. Use of Propeity Prior to Acceptance of Offer. Owner agrees tliat it will not rise the
Dedication Area in any way tliat will interfere witl'i the rise of tlie Dedication Area for public right-of-
way.
6. Lii'nited Waiver of Reimbursement Requirement. Subject to satisfaction of the lien
removal condition set forth in Section 3 above and the limitations of this Section 6, upon City's
acceptance of the Offer, City hereby agrees to waive any and all future reimbursements for the costs of
any improvements installed by City or its contractors on the Dedication Area ("City Work"), including
reiinbursements required by Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code, which
may be cliarged to Owner at such time as Owner obtains a future land use entitlei'nent with respect to the
Site. This waiver of right to future reiinbursement shall include only the costs of the City Work and
sliall remain in effect for twenty-five (25) years following City's acceptance of the Offer.
Notwithstanding any other provision hereof to the contrary, Owner shall remain obligated to pay any
development impact fees, including roadway impact fees, and the costs of any other improvements
required in coi'inection with the applicable land use entitlement. Further, in recognition of the fact that
the City Work improvements will have a limited useful life, following expiration of the 25-year period,
City shall have the right to require Owner to fund the cost of reconstructing any public improvements
within the Dedication Area that City could then lawfully require Owner to fund in the absence of this
Agreement.
7. No Liens. The City will not permit to be filed or enforced against the Property, or any
part thereof, any statutory lien for labor or materials (including without limitation any mechanics or
materialmen's lien) or any claim for damages arising from City's use of, or activities on the Property
with respect to the Project.
8. Indemnity. City shall indemnify, defend, and hold harmless Owner and Owner's officers,
agents and employees against any and all liability, claims, actions, causes of action or demands arising
out of, connected with, or caused by City or City's employees, agents, independent contractors,
companies, or subcontractors use of the Propeity, except to the extent of Owner's negligence or willful
misconduct.
9. Insurance. City shall maintain, or require its contractor to maintain, commercial general
liability and comprehensive automobile policies that include, cover and insure the work performed on
the Project and the terms and conditions of this Agreement, including the activities or operations of any
contractor and its employees, agents, representatives and subcontractors under this Agreement.
10. Notices. Any notices which either Patty may desire to give to the other Party rinder this
Agreement must be in writing and may be given either by (i) personal service; (ii) delivery by a
reputable document delivery setavice, such as but not limited to, Federal Express, which provides a
receipt showing date and time of delivery; or (iii) mailing in the United States Mail, certified mail,
postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at
any other address as that Party may later designate by notice:
-3-
To City:City of Cupeitino
10300 Torre Avenue
Cupeitino, CA 95014
Attention: Public Works Director
Witli a copy to:City of Cupertino
10300 Torre Avenue
Cupeitino, CA 95014
Attention: City Attorney
To Owner:Tim R. Kurreck
10165 0range Avenue
Cupertino, CA 95014
11. Agreement Runs with Land; Recordation. The provisions of this Agreement shall inure
to the benefit of and be binding upon the owners of tlie Site and their heirs, successors or assigns, and
any other person claiming an interest in the Site through them. Upon execution, this Agreement shall be
recorded in the Official Records of Santa Clara Cormty.
12. Waiver of Further Compensation. Owner hereby expressly and unconditionally waives
any and all right to claim, demand, or receive any further compensation for the Dedication Area which
Owner may be eligible to receive under the California Relocation Assistance Act (Government Code
§7260, et seq.), Article 1, § 19 of the California Constitution, the California Eminent Domain Law
(Code of Civil Procedure §1230.010, et seq.), and/or the California Code of Regulations, Title 25 or
other applicable local, state, or federal statute, ordinance, regulation, rule, or decisional law (collectively
"Compensatory Laws"), including, but not limited to, the fair market value of the Dedication Area,
severance damages, loss of goodwill, loss of profits, or relocation benefits and assistance, or claims for
unreasonable precondemnation activities or inverse condemnation, or any other compensation as a result
of the Parties' agreements hereunder or the City's acceptance of the Offer. Furtliermore, Owner hereby
expressly releases the City of Cupertino, and its respective officials, officers, employees,
representatives, successors and assigns, from any liability, responsibility, or obligation to pay any
further compensation for the Dedication Area which Owner may be eligible to receive under the
Compensatory Laws as a result of City's acceptance thereof.
13. Authority to Execute. The person or persons executing this Agreement on behalf of
Owner warrants and represents that he/she/they has/have the authority to execute this Agreement on
behalf of Owner and warrants and represents that he/she/they has/have the authority to bind Owner to
the performance of its obligations hereunder.
14. Entire Agreement. This Agreement embodies the entire integrated agreement and
understanding between the Paities hereto. There are no other agreements or understandings, oral or
written, with reference to the subject matter hereof that are not merged herein and superseded hereby,
except as set forth herein above.
15. Amendments. This Agreement may only be terininated or modified in a writing executed
by both Paities and recorded in the Official Records of Santa Clara County.
-4-
16. Governing Law: Venue. This Agreement sliall be construed and enforced in accordance
witli tlie laws of the State of California, without reference to choice of law provisions. Any legal actions
under this Agreement sliall be broriglit only in tlie Superior Court of tlie County of Santa Clara, State of
California.
17. Interpretation. This Agreement sliall be construed according to its fair meaning, and not
strictly for or against any Paity. This Agreement shall be deemed to have been prepared jointly by the
Parties )iereto, and tlie terms of tliis Agreement have been negotiated by the Parties and the language
used in this Agreement shall be deemed to be the language chosen by the Paities to express their mutual
intent. Tliis Agreement shall be construed without regard to any presumption or rule requiring
construction against the Paity causing such instrument or any portion thereof to be drafted, or in favor of
the Paity receiving a particular benefit under the Agreement. No rule of strict construction will be
applied against any Party liereto. Wlien used herein, the singular form of tlie word includes the plural
fori'n in appropriate context. Use of tlie term "including" is meant to be without limitation, such as
"including but not limited to" or similar. Section headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants or conditions
contained in this Agreement.
18. No Partnership. Nothing herein contained shall be construed to create a joint venture or
partnership or to create the relationship of principal and agent or of any association between City and
Owner.
19. Further Cooperation. Each Party liereto agrees to execute any and all documents and
writings which may be necessary or expedient and do such other acts as will further the purposes hereof,
20. Successors and Assigns. This Agreement is binding ripon and shall inure to the benefit of
the respective successors, heirs, and assigns of the Parties.
21. No Third-Paity Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the signatoiy Patties and their successors and assigns. No other person shall
have any right of action based upon any provision in this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year
first written above.
-5-
CITY:
CITY OF CUPERTINO, a California
municipal corporation
B7:
Ja Throop
City Manager
[Notary Acknowledgment Requiredl
Christopher D.
City Attorney
ATTEST:
B7:
Kirsten Squarcia
City Clerk
OWNER:
Tim R. Kurreck, a married man
who acquired title as an unmarried
man
B7:
Name:
Title: [if
applicableJ
[NotaryAcknowledgment Requiredl
-6-
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other of&er 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 Santa Clara
On June li2022 before me, Lauren Sa';'udar , Notary Public,
(Here insert naine and title of the officer)
personally appeared J'm ThrOoP
who proved to me on the basis of satisfactory evidence to be th6(s) whose m'ffie(s) isiare subscribed to
the within inshaument and acknowledged to me that Eihe/they executed the same in m/her/their authorized
i0(ies), and that by/her/their 4(s) on the instrument the as), orthe entity upon behalf of
which th6(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.
%" m@'l
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m'l hand and OffiClal Seal. """ Notary%blicCalifornia K4
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ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOC{_TA4ENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternaNve
(Title or descriph'on ofatkached doc ument) aClrllOWleagmenr WrDlage aS maJ De prlnlea On SuCn a aOCument SO rang aS tile
verbiage does not require the notary to do something that is illegal for a notary in ,
California (i.e. certifying the authorized capaciffl of the signer). Please check the ,
(Title or descriph'o n of attac hed document c O nhn' ue d) aOCument CareJull)l Jar proper n(Xarlal WOralng ana a[[aCn INKS JO1'm !7 requlrea.
* State and County infonnation must be the State and County where the dociunent
NumberofPages- DocumenIDa'e signer(s)personallyappearedbeforethenotarypublicforacknowledgment.
* Date of notanzation must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
(Additional infomiation) * The notary public must p it his or her name as it appears within his or her
coininission followed by a comma and then your title (notary public).
* %nt the name(s) of docuinent signer(s) who personally appear at the time of
notanzation.
CAPACIIY CLAIMED BY THE SIGNER a Indicate the correct singular or plural fonns by crossing off incorrect fomis (i.e.
[1 Individual (s) he/she&y- is leg-e ) or circling the correct fonns. Failure to correctly indicate thisinfomiation may lead to rejection of document recording.
[] Corporate Officer * The notary seal iinpression must be clear and photogi'aphicauy reproducible. '
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sufficient area pennits, othenvise complete a different acknowledgment fom.
@ Partner(s) @ Signature of the notary public must match the signature on file with the office ofthecountyclerk. '
€ Attorney-in-Fact <' Additional infonnation is not required but could help to enSllI'e this
[]Trustee(s) acknowledgmentisnotmisusedorattachedtoadifferentdocuinent.
z Other // [tidicate title or type of attached docuinent, number or pages and date.
- -' a> lndicate the capacity claimea Dy tne signer. lt tne clauned capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
ii Securely attach this document to the signed docuinent
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C2004-20l5PioLinkSigningSemce.Inc -AIIRightiRetervediiawivThePtoLtnkcom-NationivideNotaryService
CALNFOR_NNA ALL-PU_RP €)SE CERTNFNCATE €)F AC_KNOWLEDGM_ENT
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 attaclied, and not the truthfulness, accuracy, or validity of that document.
State of Califoinia
Countyof Santa Clara
II On ,4(x '- ') '2A, 2->Z' before me, Lauren SaPudar _ Notarv PnMir.
II personally appeared a'l,'7vs )z-c<rrdclc_
(Hereinsertnameandtitleoftheofficer) a -' - ------'
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i(ies), and that by4m/her/theirg(s) onthe instrument the 6(s), or the entity upon behalf of
wbich the p(s) acted, executed the instniment.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph l
is true and correct.
L
c &-A,au.uRESs,.J%p,&o,..#1@WIlSmyhandandofficialseal. ._ NotaryPublic California z
// (',) fi Sant.aClaraCounty > j, 's/ Commission # 2247155 i
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ADDNTIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Arry aclmowledgment completed in Ca%rnia must contairr verbiage exactly as' DESCRIPTION OF THE ATTACmED DOCUMENT appears above in the notary section or a separate acknowledgment fom mw be
properly completed and attached to that documeM. The orrly exception is if a
document is to be recorded outside of Cat@rnia. In such instarrces, mzy alternaave
(Titleordes ,ph.onofa,acheddOc ent) acgoseagrnent vewage as may be pnntea on such a documem so long (tS the "
verbiage does not require the notary to do something that is illegal pr a notary in
Car@rnia (Le. cer@ing the authorized capac% of the signer). Please check the
(Title ordescripti'onofattacheddoc umentcon tin' ued) aocument careptuy )or proper notanai woratng ana attach this form if required. I
Nu mber of Pages Docu ment Date @ State and County information must be the State and County where the docuinentsigner(s) personally appeared beforethe notarypublic foracknowledgtnent.
* Date of notaiation must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgmentis comIileted,
(Additional i@ylIl36(iB) * The nOtaT')/ pubhC muSt pnnt hlS Or her name a!i it-appears Wlfhln hlS Or her
comtnission followed by a comma and then your title (notaiy public).
* Pit the name(s) ofadocument signer(s) who personally appear at the time of
noation.
CAPACITY CLAIMED BY THE SIGNER @ Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
[] , dividual (s) he/sheAheyy- is /are )or circling the coirect forms. Failure to correctly indicate thisinformation may lead to rejection of document recording.
0 Corporate Officer * The notary seal impression must be clear and photographicauy reproducible.
hnpression must no} cover text or lines. If seal itnpression smudaes. re-seal if a
(Title) sufficientareapermits,otherwisecompleteadifferentacknowledgme-ntfo;-.--
7 p artner(s) @ Signature of the'notary public must match the signature on file with the office offlie county clerk.
z Attorney-in-Fact <* Additional infomiation is not required but could help to ensure this[lTrustee(s) acknowledgmentisnotmisusedorattachedtoadifferentdocument.
zither o> Tndicatetitleortypeofattacheddocutnent,numberofpagesanddate.
*> maicate ttie capacity clauned by the Slgner. If the claitned capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretmy).
* Securelyattachthisdocumenttothesigneddocument
C2[)04-2015ProLinkSlgnlngService,mc.- AllRightiReiervedwww.TheProLinlccom-NationwideNoiarySemce
EXHIBIT A
Legal Description of Site
For APN/Parcel ID 357-16-059
THE LAND RF,FERRF,D TO HEREIN BELOW IS SITUATED IN THE CITY OF
CUPERTINO, COUNTY OF SANTA CLARA, ST ATE OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
THE SOUTH 63.O FEET OF SECTION 77 BY A {TNIFORM DEPTH OF 105.15 FEET
(MEASURED FROM THE WEST LINE OF ORANGE AVF,NUE) AS THE SAMF, ARE SO
DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF
SUBDIVISION "A", MONTA VISTA", AND WHICH SAID MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, ON APRIL 11, 19171N BOOK "P" OF MAPS, AT PAGE
20.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SANTA
CLARA BY DEED RECORDED FEBRUARY 24, 1954, RF,CORDING N0. 953468, BOOK
2820, PAGE 584, OFFICIAL RECORDS.
Exhibit A
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Date: 2021-01-25
EXHIBIT 'B'
PLAT TO ACCOMPANY DESCRIPTION:
Designed: LA
Drawn: RF
Checked: TG
"o) Elf.: JC 1570 0akland Road (408) 487-2200
San Jose, CA 951:31 HMHca.com
RIGHT OF WAY
CUPERTINO CALIFORN_IA489303PL34
i
January 25, 2021
HMH 4893.03/5283.04
Page 1 of I
EXHIBIT "C"
RIGHT OF WAY
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a
portion of that parcel of land described in the Grant Deed recorded January 29, 2002, in
Document No. 16078800 of Official Records, Santa Clara County Records, described as
follows:
BEGINNING at the southeasterly corner of said parcel of land being on the general westerly line
of Orange Avenue;
Thence along said general westerly line, North 89o17'06" West, 5.00 feet, to a line parallel with
and 20 feet westerly of the centerline of Orange Avenue;
Thence along said parallel line, North 00o54'52" East, 63.00 feet, to the northerly line of said
parcel or land;
Thence along said northerly line, South 89ol 7'06" East, 5.00 feet, to the westerly line of Orange
Avenue;
Thence along said westerly line, South 00o54'52" West, 63.00 feet, to the POINT OF
BEGINNING.
Containing 315 square feet, more or less.
This legal description was prepared by me or under my direction in accordance with the
Professional Land Surveyors Act.
Date: 1-25-11 ),9-/') )
Tracy L. Giorgetti, LS 8720 ,<,9 8%
489303LD34 - ROW.docx
15700aklandRoad l SanJose,Catifornia95131 I (408)487-2200 l (408)487-2222Fax I www.HNIHca.com
OFFICIAL BUSINESS.
Document entitled to free
recording per Government
Code § 6103 and F3 27383
RECORDIN(J REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Attn: Director of Public Works
SPACE AE30VE THIS LINE FOR RECORDING USE
AGREEMENT REGARDING OFFER OF DEDICATION & WAIVER OF FUTURE
REIMBURSEMENT, RIGHT OF ENTRY, AND LICENSE TO USE PROPERTY
This Agreement Regarding Right of Entry, License, Offer of Dedication a,nd Waiver of Future
Owner and City may each be referred to as a "Party," or collectively as the "Parties.
RECITALS
A. Owner is the owner in fee of real property with a street address of 10420 0range Avenue
in the City of Cupertino, County of Santa Clara, designated as Assessor's Parcel No. 357-19-121, more
particularly described in Exhibit A (the "Site").
B, Section 14,04.110 of the Cupertino Municipal Code provides that if the City or another
property owner installs improvements that benefit a property, the owner of the benefitted property is
required to reimburse the City or the property owner for its reasonable share of the costs of such
improvements when the benefitted property owner seeks a land use entitlement from City. Section
18.56.040 of the City of Cupertino Municipal Code imposes a similar reimbursement requirement. Both
sections provide, however, that if a property owner dedicates necessary right-of-way to the City without
charge, the City may enter into an agreement with the owner to waive future reimbursement
requirements.
C, City is in the process of trying to improve the walkability of routes to schools,
particularly those areas lacking curb, gutter and sidewalk. The Orange Avenue Sidewalk project (the
"Project") will construct those improvements. A portion of the Site is among those areas the City desires
to improve. Owner agrees to extend a right of entry to City and a license to use the Dedication
Area to construct improvements and allow public use of those improvements until the City owns the
Dedication Area.
D. Owner has agreed to dedicate to City that certain approximately 375 square foot portion
of the Site as depicted in the diagram attached hereto and incorporated herein as Exhibit B and more
-1-
particularly described in the legal description attached hereto and incorporated herein as Exhibit C (the
"Dedication Area"), in consideration of the City's limited waiver of future reimbursement requirements,
and to grant City a right-of-entry to the Dedication Area.
NOW THEREFORE, in consideration of the mutual promises, approvals, and covenants made
by the Parties and other considerations, the value, adequacy and receipt of which are hereby
acknowledged, the Parties agree as follows:
1. Right of Entry. Subject to the terms and conditions of this Agreement, Owner hereby
grants to City, its contractors, subcontractors, employees, agents, invitees and the public a non-exclusive
right to enter the Dedication Area for the purpose of constructing the Project on the Property and the
right to remove any improvements presently within the Property to allow for construction of the Project,
as well as to allow the public use of the Dedication Area upon completion of the Project on the Property.
This Right of Entry shall expire and terminate upon the recordation of the City's acceptance of the
Offer, as set forth in section 4.3 below.
2. Offer of Dedication. Owner does hereby irrevocably offer to dedicate in fee the
Dedication Area for street, highway, public utility, public pedestrian, landscaping and any other public
purpose (the "Offer"). The Offer is irrevocable and shall be absolutely binding upon the Owner, its
heirs, successors, assigns, and all persons claiming an interest in the Site through them.
3. Condition of Title; Removal of Liens. Owner shall work in good faith with City to
remove any and all encumbrances or liens (other than the lien for current taxes not yet due and payable),
including any deed of trust securing the obligation to pay a mortgage loan, encumbering all or any
portion of the Dedication Area. With respect to deed(s) of trust, City, at its cost, shall prepare and
provide to Owner the forms of partial reconveyance instrument(s) required to remove the Dedication
Area from the lien(s) of such deed(s) of trust. The removal of all such liens, including lien(s) of deed(s)
of trust, shall be a condition precedent to the effectiveness of City's waiver of the right to future
reimbursement as set forth in Section 6 below. The failure to obtain any reconveyance required by this
Section 3 shall not otherwise limit City's or Owner's rights or obligations under this Agreement.
4.Time and Manner of Acceptance.
4.1 The Offer may be accepted by Resolution of the City Council of the City of
Cupertino and not in any other manner. Any purported acceptance of the Offer by or on behalf of the
City, other than in this manner, shall be null and void and of no force or effect.
4,2 The Offer shall remain in effect until accepted by Council Resolution. The Offer
may not be terminated, or the right to accept the Offer abandoned, except by Council Resolution in the
same manner as prescribed for summary vacation of streets or highways by Part 3 (cornrnencing with
Section 8300) of Division 9 of the Streets and Highways Code.
4.3 Upon acceptance of the Offer, the City shall mail a copy of its Resolution of
Acceptance to the then-owners of the Site at the address shown on the latest County of Santa Clara
secured assessment roll and at the address listed in the Offer for notices.
-2-
5. Use of Property Prior to Acceptance of Offer. Owner agrees that it will not use the
Dedication Area in any way that will interfere with the use of the Dedication Area for public right-of-
way.
6. Limited Waiver of Reimbursement Requirement. Subject to satisfaction of the lien
removal condition set forth in Section 3 above and the limitations of this Section 6, upon City's
acceptance of the Offer, City hereby agrees to waive any and all future reimbursements for the costs of
any improvements installed by City or its contractors on the Dedication Area ("City Work"), including
reimbursements required by Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code, which
may be charged to Owner at such time as Owner obtains a future land use entitlement with respect to the
Site, This waiver of right to 'future reimbursement shall include only the costs of the City Work and
shall remain in effect for twenty-five (25) years following City's acceptance of the Offer.
Notwithstanding any other provision hereof to the contrary, Owner shall remain obligated to pay any
development impact fees, including roadway impact fees, and the costs of any other improvements
required in coru'iection with the applicable land use entitlement. Further, in recognition of the fact that
the City Work improvements will have a limited useful life, following expiration of the 25-year period,
City shall have the right to require Owner to fund the cost of reconstructing any public improvements
within the Dedication Area that City could then lawfully require Owner to fund in the absence of this
Agreement.
7. No Liens. The City will not permit to
part thereof, any statutory lien for labor or materials
materialmen's lien) or any claim for damages arising
with respect to the Project.
be filed or enforced against the Property, or any
(including without limitation any mechanics or
from City's use of, or activities on the Property
8. Indemnity. City shall indemnify, defend, and hold harmless Owner and Owner's officers,
agents and employees against any and all liability, claims, actions, causes of action or demands arising
out of, coru'iected with, or caused by City or City's employees, agents, independent contractors,
companies, or subcontractors use of the Property, except to the extent of Owner's negligence or willful
misconduct.
9. Insurance. City shall maintain, or require its contractor to maintain, commercial general
liability and comprehensive automobile policies that include, cover and insure the work performed on
the Project and the terms and conditions of this Agreement, including the activities or operations of any
contractor and its employees, agents, representatives and subcontractors under this Agreement.
10. Notices. Any notices which either Party may desire to give to the other Party under this
Agreement must be in writing and may be given either by (i) personal service; (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, which provides a
receipt showing date and time of delivery; or (iii) mailing in the United States Mail, certified mail,
postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at
any other address as that Party may later designate by notice:
-3-
To City:City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attention: Public Works Director
With a copy to:City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attention: City Attorney
To Owner:Zhijian Ma and Suyi Peng
10420 0range Avenue
Cupertino, CA 95014
11. Agreement Runs with Land; Recordation. The provisions of this Agreement shall inure
to the benefit of and be binding upon the owners of the Site and their heirs, successors or assigns, and
any other person claiming an interest in the Site through them. Upon execution, this Agreement shall be
recorded in the Official Records of Santa Clara County.
12, Waiver of Further Compensation. Owner hereby expressly and unconditionally waives
any and all right to claim, demand, or receive any :turther compensation for the Dedication Area which
Owner may be eligible to receive under the California Relocation Assistance Act (Government Code
§7260, et seq.), Article 1, § 19 of the California Constitution, the California Eminent Domain Law
(Code of Civil Procedure §1230.010, et seq.), and/or the California Code of Regulations, Title 25 or
other applicable local, state, or federal statute, ordinance, regulation, rule, or decisional law (collectively
"Compensatory Laws"), including, but not limited to, the fair market value of the Dedication Area,
severance damages, loss of goodwill, loss of profits, or relocation benefits and assistance, or claims for
unreasonable precondemnation activities or inverse condemnation, or any other compensation as a result
of the Parties' agreements hereunder or the City's acceptance of the Offer. Furthermore, Owner hereby
expressly releases the City of Cupertino, and its respective officials, officers, employees,
representatives, successors and assigns, from any liability, responsibility, or obligation to pay any
further compensation for the Dedication Area which Owner may be eligible to receive under the
Compensatory Laws as a result of City's acceptance thereof.
13. Authority to Execute. The person or persons executing this Agreement on behalf of
Owner warrants and represents that he/she/they has/have the authority to execute this Agreement on
behalf of Owner and warrants and represents that he/she/they has/have the authority to bind Owner to
the performance of its obligations hereunder.
14. Entire Agreement. This Agreement embodies the entire integrated agreement and
understanding between the Parties hereto. There are no other agreements or understandings, oral or
written, with reference to the subject matter hereof that are not merged herein and superseded hereby,
except as set forth herein above.
15. Amendments. This Agreement may only be terminated or modified in a writing executed
by both Parties and recorded in the Official Records of Santa Clara County.
-4-
16. Governing Law; Venue. This Agreement shall be construed and enforced in accordance
with the laws of the State of California, without reference to choice of law provisions. Any legal actions
under this Agreement shall be brought only in the Superior Coiut of the County of Santa Clara, State of
California.
17. Interpretation. This Agreement shall be construed according to its fair meaning, and not
strictly for or against any Party. This Agreement shall be deemed to have been prepared jointly by the
Parties hereto, and the terms of this Agreement have been negotiated by the Parties and the language
used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual
intent. This Agreement shall be construed without regard to any presumption or rule requiring
construction against the Party causing such instrument or any portion thereof to be drafted, or in favor of
the Party receiving a particular benefit under the Agreement. No rule of strict construction will be
applied against any Party hereto. When used herein, the singular form of the word includes the plural
form in appropriate context. Use of the term "including" is meant to be without limitation, such as
"including but not limited to" or similar. Section headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants or conditions
contained in this Agreement.
18. No Partnership. Nothing herein contained shall be construed to create a joint venture or
partnership or to create the relationship of principal and agent or of any association between City and
Owner.
19. Further Cooperation. Each Party hereto agrees to execute any and all documents and
writings which may be necessary or expedient and do such other acts as will further the purposes hereof.
20. Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of
the respective successors, heirs, and assigns of the Parties.
21, No Third-Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the signatory Parties and their successors and assigns. No other person shall
have any right of action based upon any provision in this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year
first written above.
-5-
CITY:OWNER:
CITY OF CUPERTINO, a California
municipal corporation
B7:
City Manager
[Notary Acknowledgment Requiredl
APPRO
'
}
a "'
Christopher b. .J)nsen
City Attorney
ATTEST:
BY:
Kirsten Squarcia
City Clerk
Zhijian Ma and Suyi Peng, Trustees of the
Zhijian Ma and Suyi Peng Revocable Trust
dated October 30, 2014
B7:
Natne:
Title: [if
applicableJ
IJNotary Acknowledgment Requiredl
By:
Name:
Title: [if
applicableJ
[Notary Acknowledgment Required}
-6-
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 tnithfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On June 1- 2022 before me, Lauren SaPudar , Notarv Public.
(Here insert name and title of the officer)
personally appeared J'm ThrOO!)
who proved to me on the basis of satisfactory evidence to be thepers-6'q(s) whos4(s%/are subscribed to
the wit instnument and acknowledged to me that&7she/they executed the same in &:,i/her/their authorized
',.c',';rs :aa'::?e:::";:e-t:ontheinstnumentth(_(s),ortheentityuponbehalfof
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
r.f, LAuRENSAPUDAR"""?h d a ff a am'l an ana O lClal Seal. _ 4 Notary Public - Californta .ffl% Santa Clara County E .. . -
I Commtsston # 224h55 Y
Q 'a" My Comm. Expires Jun 22, 2022 8- -- - /M-+...-.. (!-..T1 h.-----....-._-...__...._..._.._........_...._...._..........ll"i'j2Ths/4A,
PatJeofNotaryPublic-' -' l'o"'y"""'7
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ADDITIONAL OPTIONAL INFORM_ATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF TaHE ATTACHF.D DOC{JMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is y a
document is to be recorded outside of Calfornia. In such instances, any alternative
(Title or descriph'on ofattached doc ument) acvoseagrnent verbrage as may be prmtea on SIIC/I a aocument so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
(Title or descriph'on ofa ttached doc unyent con hn' ued) aocument carefully jor proper notarial worcting and attach thrs form iJ'required.
Nu mber of Pages Docu ment Date * State and County information must be the State and County where the documentsigner(s) personally appeared before the nomry public for acknowledgment.
ii Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is coinpleted.
(Additional information) * The notary public must pit his or her- naine as it -appears within his or her
comtnission followed by a comina and then your title (notary public).
it Pit the naine(s) of document signer(s) who personally appear at the time of
notarization.I
CAPACITY CLAIMED BY THE SIGNER ' Indicate the correct singular or plural forms by crossing offincorrect fomis (i.e.
€ Individual (s) m/she/ is lem ) or circling the correct forms. Failure to correctly indicate thisinfor+nation may lead to rejection of document recording.
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hnpression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sufficient area permits, otherwise coinplete a different acknowledgment foim.
€ Partner(s) ii Signahire of the notaiy public must match the signahire On file with the office of
the county clerk.
€ Attorney-in-Fact '> Additional infomiation is not required but could help to ensure this
[1 Trustee(s) acknowledgtt+ent is not tnisused or attached to a different document.
[1] Other o> Indicate title or type of attached dociunent, number of pages and date.
- *:* lndicate the CapaClty Clallned ly the signer. If the Claimed CapaCity iS a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
* Securely attach this docuinent to the signed documentI'
C 2004-2015 P(OLink Signing Semce, }nc - All Ilighit Reterved www TheProlink com - NatiOn(vide NOiar)a ServlCe
ACKNOWLEDGMENTS
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 tnithfulness, , or vali a of that document.
;F:\;%IA ("zk{'l
basis of satisfactory evid to be the person(s) who name(s are subscribed to the within
instrument and acknowledged to me that he/she/they executed same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(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.
WITNESS my hand and official seal.
signature>5tha %(seal)
***** * ***u-***** II)C)k**l ***** **
lllIllIIllIIlllllIlllllllllIIllllllllIIIIIIIIIlllllIllllIIIlllllllllllllllllllllllllIlll
i'k-) iji'?A"Ei;5qE3Uffi";
allllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllla-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this ceitificate is attached, and not the truthfulness, , or vali a of that document.
ST ATE OF CALIFORNIA
COUNTY OF
On , 20 before me, , Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acla'iowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certi:[y under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:(seal)
Acknowledgment
EXHIBIT A
Legal Description of Site
For APN/Parcel ID 357-19-121
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
CUPERTINO, COUNTY OF SANTA CLARA, ST ATE OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
PORTION OF LOT 24, AS SHOWN UPON THAT CERT,'UN MAP ENTITLED, "TRACT
N0. 300, MAP OF NOONAN SUBDIVISION UNIT NO. 2", WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE CO{nSJTY OF SANTA CLARA,
ST ATE OF CALIFORNIA, ON MAY 6, 1946 IN BOOK 10 0F MAPS, PAGE 16, AND A
PORTION OF THE SOUTHWEST 1/4 0F SECTION 14, TOWNSHIP 7 SOUTH, RANGE 2
WEST, MOUNT DIABLO BASE AND MERIDIAN, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF ORANGE AVENUE, DIST ANT
THEREON SOUTH 75.00 FEET FROM THE NORTHERI,Y LINE OF LOT 24, AS SAID
AVENUE AND LOT ARE SHOWN ON THE MAP ABOVE REFERRED TO; RUNNING
THENCE SOUTH 89o 58' EAST AND PARALLEL WITH THE NORTHERLY LINE OF
SAID LOT 24, FOR A DISTANT OF 130 FEET; RUNNING THENCE SOUTH AND
PARALLEL WITH THE EASTERLY LINE OF ORANGE AVENUE, 75.00 FEET; R{JNNING
THENCE NORTH 89o 58' WEST AND PARALLEL WITH THE NORTHERLY LINE OF
SAID LOT 24, A DIST ANCE OF 130.00 FEET TO THE EASTERLY LINE OF ORANGE
AVENUE; RUNNING THENCE NORTH ALONG SAID EASTERLY LINE 75.00 FEET TO
THE POINT OF BEGINNING.
Exhibit A
I
S89'03'38"E
', P4.oL1
25' I 2 ,o" l RIGHT OF WAY
o (7) (*375 SQ FT)
44
111(13 S h
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22 ' a- - DOC 23127269C%l €%l< LLI I -ri -n APN 357-19-121x> + +f)/
0< 6 600Z(/)
i I
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DOLORES AVENUE l ,"', T'N89'03 38 W __)
n I 5.00'
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,<O,y.aioH :,o I6 ,? G" @" o '5 3o LEGEND
9 h- :X)
J No. 8720 * -§ q Br,B_, 30 FT. POB POINT OF BEGINNIN(J
*
"175oF c,,g$",4.i'E'o SHEET10F1
Date: 2018-06-08
aW+EXHIBIT 'B"
PLAT TO ACCOMPANY DESCRIPTION:
€51 J%LI flt_ 141 A l/
oaipm LA
D RF
Checked: TG
% EAF.: ,.ic 1570 0akland Road (408) 487-2200
San Joss, CA 951:31 HMHai.com
r(nJrl I Vr WJ'l T
CUPERTINO CALIFORNIA489303PL43
June 5, 2018
HMH 4893.03.441
Page 1 of 1
EXHIBIT 'C"
RIGHT OF WAY
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a
portion of that parcel of land described in the Grant Deed recorded October 28, 2015, in
Document No. 23127269 of Official Records, Santa Clara County Records, described as
follows:
BEGINNING at the northwesterly corner of said parcel of land being on the general easterly line
of Orange Avenue;
Thence along said general easterly line, South 89"03'38" East, 5.00 feet, to a line parallel with
and 25' easterly of the centerline of Orange Avenue;
Thence along said parallel line, South 00o54'52" West, 74.97 feet, to the southerly line of said
parcel of land, also being the general easterly line of Orange Avenue;
Thence along said general easterly line the following two courses:
1. Thence North 89o03'38" West, 5.00 feet;
2. Thence North 00o54'52" East, 74.97 feet, to the POINT OF BEGINNING.
Containing 375 square feet, more or less.
This legal description was prepared by me or under my direction in accordance with the
Professional Land Surveyors Act.
Date:{,,- 8 t,SJ
Tracy 1. Gid.gett 8720
No-8720 *
489303LD43 - ROW.docx
15700aklandRoad I SanJose,Ca!ifornia95131 l (408)487-2200 I (408)487-2222Fax I www.HMHca.com