Loading...
HomeMy WebLinkAbout51-96 IP • RESOLUTION NO. .51-9 6 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING FINAL SUBDIVISION MAP and AUTHORIZING THE EXECUTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT and REIMBURSEMENTAGREEMENT FOR LANDS OF WYTHE AND VITU WHEREAS, the City Engineer has examined the proposed Final Subdivision Map entitled; BEING THAT CERTAIN PARCEL OF LAND DESCRIBED IN THAT CERTAIN INDIVIDUAL GRANT DEED RECORDED MAY 17, 1995 IN BOOK N 853 OF OFFICIAL RECORDS AT PAGE 1753, SANTA CLARA COUNTY RECORDS AND LYING WITHIN THE TOWN OF LOS ALTOS HILLS, CALIFORNIA; and has determined that the said Map is in conformity with the approved tentative map for said map, the requirements of Chapter 1 entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code and the Subdivision Map Act; and WHEREAS, the City Council has read and considered that certain Subdivision Improvement Agreement between the Town of Los Altos Hills (the "Town") and Moon Lane Development LLC (the "Developer") and that certain Reimbursement Agreement between the Town and the Developer; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: 1. The City Council of the Town hereby approves the above-described Final Subdivision Map and accepts on behalf of the public any easements offered for dedication and delineated on the Map, excepting the 10' wide right of way designated as "TO BE DEDICATED TO THE TOWN OF LOS ALTOS HILLS FOR STREET PURPOSES" and the pathway easement designated as "PATHWAY EASEMENT". 2. The Town shall enter into and the Mayor is hereby authorized and directed to execute the above-described Subdivision Improvement Agreement and Reimbursement Agreement. PASSED AND ADOPTED this 19th day ' June 1996. // By: t ayor ATTEST: City Clerk 111 • Application Account No. FM. Project Title Lands of Moon Lane Development LLC Tract No. Parcel Map, Lands of Moon Lane Development LLC TOWN OF LOS ALTOS HILLS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, executed this 19th day of June , 1996, by and between the TOWN OF LOS ALTOS HILLS,. " a municipal corporation of the State of California ("TOWN") , and MOON LANE DEVELOPMENT LLC ("SUBDIVIDER") RECITALS A. SUBDIVIDER desires to subdivide certain land in the TOWN in accordance with a map filed with the City Council of TOWN, marked and designated Parcel Map, Subdivision of the Lands of Moon Lane Development LLC. B. Said map shows certain streets and easements which are offered for dedication for public. use. AGREEMENT NOW, THEREFORE,, in consideration of the mutual covenants, termsand conditions herein contained, and for other valuable ` consideration, the receipt of which is hereby acknowledged, the parties do hereby agree as follows: 1. SUBDIVIDER agrees that they will construct at their sole cost and expense.`within and adjoining said tract, all those certain improvements shown on the Improvement Plans titled "Plans for the Improvement of Lands of Moon Lane Development LLC" consisting of seven (7) sheets (including joint trench plans) . approved by the City Engineer and hereby made a part of this Agreement as if set forth at length, required by Chapter 1 of Title 9. of the Los Altos Hills Municipal Code and required by the conditions of approval for the tentative Parcel Map for Lands of Vucinich. SUBDIVIDER also agrees that they will construct the storm drainage improvements as shown on the Improvement Plans titled "Moon Lane Storm Drain Improvements; Town of Los Altos Hills; dated February 1996 and shown as Project No. 1." The construction costs for all storm drainage improvements. for the subdivision shall beitemized by the SUBDIVIDER's contractor and submitted to the Town. The Town shall reimburse the SUBDIVIDER for the costs ofthe storm drain improvements shown for Project No. 1, minus the SUBDIVIDER's share of the prorated engineering costs as set. forth in the tentative map conditions of approval number 11 and in the Reimbursement Agreement.. 1 3\lah\re\moon.sia 110 • 2. No improvement work shall be undertaken by .SUBDIVIDER until all plans and specifications have been submitted to the City Engineer and have been approved by him in writing nor shall any change be made in said plans and specifications or in the work of improvement to be done under them without the prior written approval of TOWN. 3 . SUBDIVIDER agrees that said improvements will be constructed under and subject to the inspection of and to the satisfaction of the City Engineer. 4. SUBDIVIDER agrees that they will construct said improvements in accordance with the requirements set forth in said "Improvement Plans and Specifications" referred to above, all applicable ordinances, resolutions and orders of TOWN enacted or adopted by said City Council as amended or revised as of the date of this Agreement, and governing statutes of ' the State of California or of the United States of America. 5. All structures made non-conforming by the lot lines created by the subdivision shall be completely removed, to the satisfaction of the City Engineer, prior to recordation of the Final Map. 6. Prior to the execution of this Agreement, SUBDIVIDER shall file and submit security (in a form approved by Town) to TOWN as obligee .in the penal sum of. Two Hundred Sixty Thousand Dollars ($260, 000. 00) , conditioned upon the full and faithful performance ofeach of the terms, covenants and conditions of this Agreement and conditioned upon the full and faithful performance of any and all improvement work required hereunder.. 7. All said improvements shall be completed and ready for final inspection by the City Engineer within 12 months of the date of execution of this Agreement. If SUBDIVIDER shall fail to complete the work required by this Agreement within that time, TOWN may, at its option, and after giving ten (10) days' written notice thereof to SUBDIVIDER, complete the same and recover the full cost and expense thereof from SUBDIVIDER by way of the security bond. 8. in the event that SUBDIVIDER fails to perform any obligation on their part to be performed hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by TOWN in securing performance of such obligation, including but not limited to staff time, consulting engineer services, and attorneys' fees, and if suit be brought 'by TOWN to enforcethis Agreement, SUBDIVIDER agrees to pay costs of suit and reasonable attorneys' fees to be fixed by the Court. 9.. Prior to the execution of this Agreement, SUBDIVIDER shall file and submit security (in a form approved by Town) to TOWN, as obligee, in the penal sum of Two Hundred Sixty Thousand Dollars ($260,000. 00) , inuring to thebenefit of any contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for thecost of labor and materials 2 3\lah\re\moon.sia 411 furnished in connection with any and all improvement work required hereunder. 10. SUBDIVIDER agrees to pay all costs for labor or materials in connection with the work of improvement hereunder. 11. The performance security required hereunder shall be reduced to a maintenance/warranty security of ten percent (10%) of the security's original value for a period of not less than two (2) years after the date of final completion and initial acceptance by the City Council of said work to fulfill the two year maintenance guarantee period for said improvements. Any defects in the improvements shall be corrected by the applicants at their expense prior to acceptance by the City Council. This maintenance/warranty security shall be released after the warranty inspection of the improvements, recommendation for acceptance by the City Engineer, and final acceptance of the improvements by the City Council. 12. Prior to execution of this Agreement, and at SUBDIVIDER'S expense, SUBDIVIDER shall provide TOWN with a duplicate public general liability insurance policy with endorsements showing the TOWN as an additional insured which insures TOWN, its officers, employees., agents and volunteers against liability for injuries to persons or property (withminimum coverageof $500, 000. 00. for each person and $1,000, 000.00 for each occurrence and $250, 000.00 for property damage in each . occurrence) inconnection with work performed by, for or on behalf of SUBDIVIDER. Said policy shall: (a) be issued by an insurance company authorized to transact business in the State of California; (b) be written on the Standard California Comprehensive General Liability Policy Form which includes, but is not limited to, property damage and bodily injury; (c) be written on an occurrence basis; (d) require thirty (30). days' prior written notice to TOWN of cancellation or coverage reduction;. (e) provide that it is full primary coverage; (f) provide that- TOWN, its - officers and . employees shall not be precluded from claim against other insured parties thereunder; (g) be maintainedin effect until final acceptance of SUBDIVIDER'S improvements. If SUBDIVIDER does not comply with the provisions of this paragraph, TOWN may (at its election and in addition to other legal remedies) take out the necessary insurance, and SUBDIVIDER shall immediately repay TOWN the premium therefor. 13.. SUBDIVIDER agrees that any general contractor engaged by the SUBDIVIDER for any work of improvement under this Agreement . will have: a. In full force and effect, a Worker's Compensation Insurance as shown by a Certificate of Worker's Compensation Insurance issued by an admitted insurer. Said Certificate shall state that there is in existence a valid policy of Worker's Compensation Insurance in a form approved by the California Insurance Commissioner. The certificate shall show theexpiration date of the policy, that the full deposit premium on the policy has been paid and that the insurer will give TOWN at least thirty (30) days' prior written notice of the cancellation or coverage reduction of the .policy.; 3 3\lah\re\moon.sia • • or b. In full force and effect, a Certificate of Consent to Self-Insure issued by the Director of Industrial Relations and certified by him to be current, togetherwith a Declaration under penalty of perjury in a form satisfactory to the City Attorney that said Certificate is in full force and effect and that the SUBDIVIDER or its general contractor shall immediately notify the TOWN in writing in the event of its cancellation or coverage reduction at any time prior to the completion of all work of improvement. 14. SUBDIVIDERagreesto indemnify and save harmless TOWN, City Council, City Engineer or any other officer, employee or agent of TOWN from any and all costs, expenses, claims, liabilities or damages,, known or unknown, to persons or property heretofore or hereafter arising out of or in any way connected with the performance of work or other obligation to be performed in furtherance of this Agreement, including, but not limited to, all costs and attorneys' fees incurred in defending any claim arising as a result thereof. 15. SUBDIVIDER agrees as a condition of the subdivision approval and use of entitlement to defend at itssole expense any action brought against the TOWN because of issuance of this entitlement or, in the alternative, to relinquish such entitlement. SUBDIVIDER will reimburse the TOWN for any court costs and attorneys' fees which the TOWN may be required by a court to pay as a result of such action, but such participation shall not relieve SUBDIVIDER or their obligation under this condition. 16. SUBDIVIDER agrees to pay all costs and expenses incurred by TOWN in connection with the subdivision (including, but not limited to:. office check, of maps and improvement plans, field checking, staking and inspection of street-monuments, construction water, wet taps, testing and inspection of improvement) . SUBDIVIDER shall provide adequate deposits for this purpose with additional deposits as required by TOWN.. 17. Upon the execution of this Agreement, SUBDIVIDER agrees to remit the following sums to TOWN against said costs and expenses referred to in paragraph 16: a. Inspection Deposit $24, 000.00 b. Final Map Fee $ 0. 00 c. Right-of-Way Reimbursement Fee $ 0. 00 d. Impr-ovement Reimbursement Fee $ 0.00 e. Water Connection Fee (Paid to Purissima) $ 0.00 f. Sanitary Sewer Connection Fee $ _1,575.00 4 3\lah\re\moon.sia • 411 g. Storm Drain Fee $ 1, 643.00 h. Fire Hydrant Fee $. 0. 00 i. Park & Recreation Fee $ 0. 00 j . Road in Lieu Fee $ 0.00 k. Attorney's Deposit $ 5, 000. 00 1. Path in Lieu Fee $10, 050.00 TOTAL $42,268. 00 18. Upon completion of the work, and before City Council's final acceptance thereof, SUBDIVIDER shall be billed for and pay or shall be refunded the difference between the amount of said costs and expenses in each instance and the amount of said remittance. 19. Any easement or right-of-way necessary for the completion of any of the improvements required of SUBDIVIDER shall be acquired by SUBDIVIDER at its sole cost and expense. In the event that eminent domain proceedings are necessary for the acquisition of any easement or right-of-way, SUBDIVIDER agrees that she will pay all engineering fees and costs, legal fees and costs, and other incidental costs• sustained by TOWN in connection•with said eminent domain proceedings and any condemnation award and damages (including all costs awarded in said eminent domain proceedings) . SUBDIVIDER further agrees that prior to the institution of any eminent domain proceedings and upon ten (10) days' written notice from TOWN,. SUBDIVIDER will deposit such sums as are determined by City Council to be necessary todefray said fees, costs, awards, and damages. 20. TOWN' will accept on behalf of the public, the dedication of the easements offered for dedication on the Parcel Map, except for public street easements and the pathway easement; provided, however, as a condition ,-precedent to said initial acceptance, SUBDIVIDER shall perform the covenants, terms and conditions of this Agreement. 21. This Agreement shall be deemed to include any final conditions imposed by TOWN upon the approval of the tentative and final maps related to public improvements of the subdivision. 22. SUBDIVIDER agrees that, upon ten (10) days' written notice from TOWN, it will immediately remedy, restore, repair or replace., at its sole expense and to the satisfaction of City Engineer., all defects, damages or imperfections due to or arising from faulty materials or workmanship appearing within a period of not less than two (2) years after the date of initial acceptance of all said improvements-. If SUBDIVIDER shall fail to remedy, restore, repair, or replace said defects, damages or imperfections as herein required, TOWN may, at its option, do so and recover the full cost and expense thereof from SUBDIVIDER. This covenant shall 5 3\lah\re\moon.sia • • be explicitly included within the obligation of the security bond referenced above. 23. This Agreement shall bind the heirs, administrators, executors, successors, assigns and transferees of SUBDIVIDER. It is agreed and understood. that the covenants in this Agreement shall run with the land and are for the benefit of the other lands in the TOWN OF LOS ALTOS HILLS, and are made by SUBDIVIDER expressly, their heirs, administrators, executors, . successors, assigns and transferees and to theTOWN, its successors and assigns. 24. Notices: a. All notices which are required to be given, or which may be given, by either party to this agreement, shall be in writing and may be served by personal delivery or by mail. Notices shall be deemed to have been served when deposited in the United States mail, postage prepaid, registered or certified, addressed as follows, or to such other address as from time to time may be designated by either party by giving notice to the other party, as follows: City Subdivider Town of Los Altos Hills Moon Lane Development LLC Attn: City Manager 13826 Page Mill Road. 26379 Fremont Road Los AltosHills., CA 94.022 Los Altos Hills, CA 94022 b. If a notice given hereunder is served by mail, and within a given number of days after such service a right may be exercised or an act is to be done by the person receiving notice, the time within which suchright may, be exercisedor act bedone is extended five days if the place of address iswithin the State of California.,' ten daysif the place of address is outside the State of California but within the United States of America, and twenty days if the place of address is outside the United States of America. c. Failure to receive or to acknowledge receipt for notice served by mail shall not invalidate the notice. 25. Nothing contained in this Agreement shall be construed to be a waiver, release or extension of any provision heretofore required by ordinance, resolution or order of the City Council of the TOWN.. 26. Time shall be of the essence of this Agreement. All covenants herein contained shall be deemed to be conditions. The 6 3\1ah\re\moon.sia • • singular shall include. the plural; the masculine gender shall include the feminine and neuter genders. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST: TOWN OF LOS A TOS HI S B B '( City Clerk ay:r APPROVED AS TO FORM SUBDIVIDER MOON LANE DEVELOPMENT LLC By: • Cit Attorney By: °- APPROVED AS TO SUFFICIENCY Title: By: pineer 7 3\lah\re\moon.sia • , CALIFORNIA ALS-PURPOSE ACKNOWLEDGMENT • No.5907 re"./ / J1t./. Z/Z0- l./lrlJI/../l :/�l./11J/ll�J;;Zore��lf./lJlJl./r.J./... '- J'�t11llil ll State of CALIFORNIA Q hCounty of SANTA CLARA • k On 5/9/96 before me, *K.G.TIE7ANN* , 0 DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" 1 (� personally appeared *E.T-WYTHE* ` tl NAME(S)OF SIGNER(S) . kl LI personally known to me - OR - In proved to me on the basis of satisfactory evidence 0 to be the person(s) whose name(s) is/are 0 subscribed to the within instrument and ac- g knowledged 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 § • 1 person(s) acted, executed the instrument. 4 WITN' my hand and official seal. Q �� Rill e.'....",;;"= Comm.it 1078253 1 Mo o NOTARY PUBLIC-CALIFORNIA TI / R.G. IGNEMANN ATURE OF NOTARY Q OPTION ? 0 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent ttis o fraudulent reattachment of this form. 1i CAPACITY CLAIMED BY SIGNERDESCRIPTION OF ATTACHED DOCUMENT 41 0 U INDIVIDUAL C CORPORATE OFFICER 'SUBDIVISION IMPROVEMENT AGREEMENT Q TITLE OR TYPE OF DOCUMENT 1 klTITLES) t H PARTNER(S) IHI LIMITED 0 0 IIIGENERAL —8 ll l I� ATTOSTEEY-IN FACT NUMBER OF PAGES Q lI i1 HI OTHER:IAN/CONSERVATOR 1111 DAT DATE OF9" arON. CUMENT Q 4Q 1 ��l ' SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ,k -- — -- SIGNER(S)OTHER THAN NAMED ABOVE l G'�G ./J.YJ`lJ./J�✓-�lY�lJ�./././' llll�1l1Jl./l./ .✓�ll�lll�1./J'��"./' �,/�llll•F7 i 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • • REIMBURSEMENT AGREEMENT This Reimbursement Agreement ("Agreement") is entered into this 19th day of June , 1996, by and between the Town of Los Altos Hills, a municipal corporation of the State of California ("Town") and Moon Lane Development LLC ("Developer") . RECITALS: A. Developer is in the process of constructing a storm drain and appurtenant facilities within the corporate limits of the Town as more particularly described on Exhibit .A attached hereto ("Storm Drain System") . B. After due consideration of all relevant factors such as the location andnature of the Storm Drain System, the area to be served by the Storm Drain System, the developable areas potentially served by the Storm Drain System and the volumes of storm drainage, the City Engineer has found and determined, after proper application by Developer, that the Storm Drain System will benefit not only the lands of Developer, but also other lands which may be served by the Storm Drain System at a future date. The lands which may be served by the Storm Drain System at a future date are more particularly described in Exhibit B attached hereto ("Future Users") . C. .Town and Developer now desire to provide for reimbursement to Developer of the difference between the material 1 3\lah\re\moon.ra 1 • 410 costs of constructing a 15" Storm Drain System to benefit only the lands of Developer and the material cost of constructing a 24" Storm Drain System to benefit both the lands of Developer and the lands of Future Users ("Additional Costs") . Town and Developer acknowledge that the Additional Costs are Five Thousand Four Hundred and no/100 Dollars ($5,400. 00) . AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. From and after the date of this Agreement, the Town will collect the sum of Three Hundred 38 and Fifty-Four38/100 Dollars ($354.38) as a usage fee for each hook-up by a Future User to the Storm Drain System (_"Usage Fee") . After a request by a Future User to contribute additional runoff to the Storm Drain System by adding impervious area or by connecting to the Storm Drain System, the Town shall be entitled to collect the Usage Fee at any time prior to the actual addition of runoff by such Future User to the Storm Drain System. The Usage Fee is comprised of (a) Three Hundred Thirty-Seven and 50/100 Dollars ($337.50) , which represents the Additional Costs divided by the total number of Future Users, and (b) Sixteen and 88/100 Dollars ($16.88) , which represents a five percent (5%) administrative fee provided for in Paragraph 9 herein. 2 3\lah\re\moon.ra • • 2.. On December 31 of each year during which this Agreement is in effect, Town shall pay to Developer any and all funds collected pursuant to Paragraph 1 above, provided that in no event shall such funds exceed Five Thousand Four Hundred and 00/100 Dollars ($5,400.00) in total. Town shall make the check payable to Moon Lane Development LLC and shall send such check to Moon Lane DevelopmentLLC, . 13826 ;Page;Mill Road, Los Altos Hills, California 94022.. Developer agrees to indemnify and hold harmless Town from any claims, cost or expenses incurred by Town in connection with any claim by any person or entity with respect to the Storm Drain System, the Additional Costs or the Usage Fee. 3 . All regulations and applicable ordinances of Town shall apply to this Agreement and to the performances hereunder. 4. If by decision of a court of competent jurisdiction or by California: law it shall be declared or become unlawful or unconstitutional to require Future -Users to reimburse Developer for the Storm Drain System, then this Agreement shall automatically terminate and Developer shall indemnify and hold harmless Town from any claims or liability to Future Users who have paid the Usage Fee to use the Storm Drain System. 5. In the event of a dispute between any Future User and the Town with respect to the payment of the Usage Fee, the Town may, at its option, takeany appropriate action against such Future User to collect the Usage Fee; provided, however, Developer acknowledges 3 3\lah\re\moon.ra • 411 that the Townis under no obligation to take any action whatsoever against such Future User to collect. the Usage Fee. 6. Developer shall hold harmless Town for any failure by Town to collect the Usage Fee from any Future User and Town shall not be liable to Developerfor any sums not collected by Town under this Agreement. 7. Nothing in this Agreement shall be construed as imposing any obligation upon the General Fund of Town, nor as imposing any obligation upon Town to make any payments whatever to Developer, except to the extent funds are actually received and collected by Town pursuant to this Agreement. 8. This Agreement, and the obligations of Town hereunder, whether or not any or all Additional Costs have been collected and remitted to Developer hereunder, shall terminate on the tenth (10th). anniversary of the date of this Agreement. 9. Prior to remitting any funds to Developer, Town shall be entitled to deduct an administrative fee in the amount of Sixteen and 88/100 Dollars ($16.88) from each Usage Fee to pay the costs incurred . by Town in connection with the administration of this Agreement. 10. Prior to execution of this Agreement by the Town, Developer shall pay all legal fees and costs incurred by the Town in connection with preparing this Agreement. 4 3\lah\re\moon.ra 11. This Agreement shall be binding upon the successors, heirs and assigns of the parties hereto,. but Developer shall not assign any of its rights under this Agreement without the prior written consent of Town, which consent shall not be unreasonably withheld. 12. The Exhibits; attached hereto are hereby incorporated into this Agreement by this reference. 13. All negotiations and agreements previously made by the parties and their agents with respectto this transaction are merged into this Agreementwhichcompletely sets forth the obligations of the parties. The parties hereto have executed this Agreement effective as of the date written above. ATTEST: . TOWN OF LO AL •S LS // By: CITY CLERK MA OR A PROVED AS .TO FORM: •-•°' CITY TORNEY DEVELOPER MOON LANE DEVELOPMENT LLC By: j, /) �j /- Title: 5 3\lah\re\moon.ra • • Exhibit "A" All the storm drain and appurtenant facilities shown on the plans titled, "MOON LANE STORM DRAIN IMPROVEMENTS, TOWN OF LOS ALTOS HILLS, February 1996, PROJECT No. 2"' prepared by Wilsey and Ham. • Exhibit B Properties Which Contribute to the Moon Lane Drainage Basin APN# Address 1. 182-7-29 27827 Saddle Ct. 2. 182-7-30 27833 Saddle Ct. 3. 182-7-34 27860 Saddle Ct. 4. 182-7-35 27840 Saddle Ct. 5. 182-7-36 27820 Saddle Ct. 6. 182-7-37 27800 Saddle Ct. 7. 182-7-58 27811 Saddle Ct. 8. 182-8-4 13818 Page Mill Rd. 9. 182-8-11 13830 Page Mill Rd. 10. 182-8-20 13822 Page Mill Rd. 11. 182-8-2 (a portion of former 182-8-21) (13826 Page Mill Parcel Map), Parcel 2 • 12. 182-8-2 (a portion of former 182-8-21) (13826 Page Mill Parcel Map),Parcel 3 13. 182-8-22 13820 Page Mill Road 14. 182-8-31 27865 Fawn Creek Court 15. 182-8-32 27875 Fawn Creek Court 16. 182-8-34 13816 Page Mill Road Total oversizing costs = $ 5,400.00 ($337.50/parcel) 5%Administrative Charge = $ 270.00 ($16.88/parcel) Total = $ 5,670.00 Cost per parcel=$337.50+$16.88 = $ 354.38 III III State of California County of Santa Clara On May 24, 1996 before me, Abbie Vesely, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Janet M. Vitu NAMES(S)OF SIGNER(S) ( )personally known to me—OR—(15 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 acknowledged 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 I-,‘ ` �+ a• AB�iE VESEI.Y person(s) acted, executed the instrument. Comm.#1067917 OTARY PUDLIC-CALIFORNIAN WI jr S my hanand offir, , cial seal. Comm.Exp.Aug.6,1999 — SIGNATURElOF NOTAR Abbie Vesely DESCRIPTION OF ATTACH' 1 i OCUMENT Reimbursement AGreement DESCRIPTION OF DOCUMENT(OPTIONAL) State of County of On before me, DATE NAME,TITLE OF OFFICER-EG.,"JANE DOE,NOTARY PUBLIC" personally appeared NAMES(S)OF SIGNER(S) ( )personally known to me—OR—( )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 acknowledged 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. WITNESS my hand and official seal. SIGNATURE OF NOTARY DESCRIPTION OF ATTACHED DOCUMENT DESCRIPTION OF DOCUMENT(OPTIONAL)