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Water & Sewer Allocations - Pulmuone Foods USA (dba: Monterey Gourmet Foods)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 21791205 Pages: 17 Fees.... 63.00 Taxes.. Copies.. AMT PAID 63.00 REGINA ALCOMENDRAS RDE # 014 SANTA CLARA COUNTY RECORDER 8/13/2012 Recorded at the request of 10:55 AM City SPACE ABOVE THIS LINE FOR RECORDER's USE ONLY AMENDMENT TO AGREEMENT FOR WATER USE AND SEWER USE ALLOCATIONS FOR THE PROPERTY LOCATED AT 5755 ROSSI LANE WHEREAS, the City of Gilroy ( "CITY "), and Pulmuone Foods USA, Inc., a CAr corporation, which is doing business in California under the name of Monterey Gourmet Foods ( "OWNER "), entered into a certain Agreement for Water Use and Sewer Use Allocations for the Property located at 5755 Rossi Lane, dated on or about 2012 ( "ORIGINAL AGREEMENT," a copy of which is attached hereto as Exhibit "A "); and WHEREAS, the ORIGINAL AGREEMENT has or will be recorded against the real property known as 5755 Rossi Lane, Gilroy, California, APN 841 -76 -027, as more specifically described in Exhibit `B," attached hereto (the "PROPERTY "); and WHEREAS, CITY and OWNER have determined that it is in their mutual interests to amend certain terms of the ORIGINAL AGREEMENT. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE ORIGNAL AGREEMENT IS AMENDED AS FOLLOWS: 1. With respect to OWNER's agreement to acquire an additional water allocation of 25,096 gpd at a cost of $205,987.67, and to acquire an additional sewer allocation of 10,281 gpd at a cost of $407,744.26, for a total of $613,731.93 as set forth in Section 2 of the ORIGINAL AGREEMENT, CITY acknowledges receipt from OWNER of the sum of $306,865.96, which was paid in December 2011; 2. Notwithstanding the payment terms contained in Section 2 of the ORIGINAL AGREEMENT OWNER shall pay to CITY the sum of $306,865.97 ( "OUTSTANDING AMOUNT "), on the following terms and schedule: a. OWNER shall pay CITY the sum of $153,432.99, plus interest, by no later than December 31, 2012, with no penalty for early payment. b. OWNER shall pay CITY the sum of $153,432.98, plus interest, by no later than June 30, 2013, with no penalty for early payment. C. OWNER shall pay interest on the OUTSTANDING AMOUNT at 1.43% apr, and interest shall begin to accrue on January 3, 2012. IMDOLINGER11031097.4 042012 -04706 d. This Amendment may be recorded against the PROPERTY, and shall constitute a lien against the PROPERTY until the OUTSTANDING AMOUNT and interest are paid in full. 3. Notwithstanding Section 2.c. of the ORIGINAL AGREEMENT, the daily water use and daily sewer use allocations set forth in the ORIGINAL AGREEMENT shall run with the land to the extent they are paid for. 4. Between the date of execution of this Amendment and December 31, 2012, CITY will bill OWNER for water and sewer fees according to the total daily water use and total daily sewer use allocations set forth in Section 2 of the ORIGINAL AGREEMENT. 5. OWNER shall pay the entire OUTSTANDING AMOUNT, and interest, when due. If it fails to do so, then immediately and without notice, one -half of OWNER's daily water use allocation and one -half of OWNER's daily sewer use allocation for the PROPERTY, as stated in the ORIGINAL AGREEMENT, shall be cancelled, and CITY shall have no obligation to repay OWNER any of the amount it paid for additional allocations pursuant to the ORIGINAL AGREEMENT. In addition, notwithstanding the terms of paragraph 4 of this Amendment, above, CITY shall recalculate OWNER's daily water use and daily sewer use charges for the PROPERTY for the preceding twelve (12) months based on one -half of OWNER's daily water and sewer use allocations as specified in the ORIGINAL AGREEMENT and shall bill OWNER for the same, and OWNER agrees to pay this increased amount to CITY within thirty (30) days of being billed. Consequently, OWNER shall be subject to overuse penalties, rates and charges to the degree it exceeds the reduced allocations. 6. Except as expressly modified herein or modified in a prior, fully- executed amendment, all of the provisions of the ORIGINAL AGREEMENT shall remain in full force and effect. In the case of any inconsistencies between the ORIGINAL AGREEMENT and this Amendment, the terms of this Amendment shall control. 7. OWNER shall insert written notification of the terms and conditions of this Amendment in all deeds, leases and contracts it enters into that affect any right, title or interest in the PROPERTY, including the rights to use and /or possess the PROPERTY. 8. If a court of competent jurisdiction or arbitrator holds any provision of this Amendment to be void, invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, shall not be affected. 9. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Faxed or electronically delivered signature pages will be treated as originals. 10. This Amendment shall be effective on May 3D , 2012. [signatures on next page] WDOLINGEM1031097.4 -2- 042012 -04706 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their si natures below g ATTEST: Q tTYOF GILROY Shawna Freels Th mas J. H and CITY CLERK CITY ADMINISTRATOR APPROVED AS TO FORM: Ii�td�ditarr -1 CITY ATTORNEY OWNER: PULM NE F ODS SA, INC. By: j J hn Breen hief Operating Officer WDOLINGEM1031097.4 -3- 042012 -04706 Date: 6 %t l/ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 EXHIBIT A SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT FOR WATER USE AND SEWER USE ALLOCATIONS FOR THE PROPERTY LOCATED AT 5755 ROSSI LANE (Modification of Allocations) This Agreement is made and entered into by and between CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ( "CITY "), and Pulmuone Foods USA, Inc., an Iowa corporation, which is doing business in California under the name of Monterey Gourmet Foods ( "OWNER "). Upon the signature of CITY and OWNER, this Agreement shall be deemed to have taken effect as of January 3, 2012 ( "EFFECTIVE DATE "). RECITALS: WHEREAS, CITY operates the municipal water supply system and the municipal sewer treatment plant and said water supply system and sewer treatment plant have a finite capacity to provide service; and WHEREAS, City Ordinance No. 2009 -01 and City Ordinance No. 2009 -02 ( "ORDINANCES "), now codified, respectively, in the Gilroy City Code at Chapter 27, sections 27.76 through 27.80, and Chapter 19, section 19.115 through 19.119, established water use and sewer use allocation programs, respectively; and WHEREAS, the ORDINANCES require CITY to establish "daily water use allocations" in gallons per day (gpd) and "daily sewer use allocations" in gpd, for all parcels of commercial and industrial real property that are connected to CITY's municipal water and /or sewer systems; and WHEREAS, the real property located at 5755 Rossi Lane, Gilroy, CA, 95020, APN 841 -76 -027, which is more fully described in Exhibit "A," (attached and incorporated herein) (the "PROPERTY "), is commercial or industrial real property that is connected to CITY's municipal water and sewer systems; and WHEREAS, the PROPERTY is owned by OWNER; and WHEREAS, pursuant to that certain Agreement for Water Use and Sewer Treatment Capacity Allocations dated November 16, 1987, the PROPERTY previously acquired a water allocation of 3,000 gpd in exchange for a payment of $2,562.04, and a sewer allocation of 1,000 gpd in exchange for a payment of $1,777.56; and WDOLINGER11031059.4 042012 - 04706091 WHEREAS, pursuant to that certain Agreement for Water Use and Sewer Treatment Capacity Allocations dated April 29, 1994, the PROPERTY acquired an additional water allocation of 1,500 gpd in exchange for a payment of $1,684.50, and an additional sewer allocation of 1,500 gpd in exchange for a payment of $12,375.00; and WHEREAS, pursuant to that certain Agreement for Water Use and Sewer Treatment Capacity Allocations dated September 14, 1998, the PROPERTY acquired an additional water allocation of 12,600 gpd in exchange for a payment of $32,142.60, and an additional sewer allocation of 7,200 gpd in exchange for a payment of $89,856.00; and WHEREAS, pursuant to that certain Agreement for Water Use and Sewer Treatment Capacity Allocations dated September 14, 1998, and that certain Amendment dated November 7, 2001, the prior owner of the PROPERTY requested and was granted a reduction in the water allocation of 11,100 gpd in exchange for a payment of $28,316.10, and a reduction in the sewer allocation of 7,200 gpd in exchange for a payment of $89,856.00, which amounts CITY refunded to the then owner of the PROPERTY; and WHEREAS, OWNER has requested an additional water allocation of 25,096 gpd for the PROPERTY at an additional cost to OWNER of $205,987.67, and an additional sewer allocation of 10,281 gpd for the PROPERTY at an additional cost to OWNER of $407,744.26; and WHEREAS, CITY and OWNER have agreed on, and intend to be bound by, modified daily water use and daily sewer use allocations, as set forth below. NOW, THEREFORE, in consideration of the mutual promises contained herein, CITY and OWNER agree as follows: full. Section 1. Incorporation of Recitals. The above Recitals are incorporated as if set forth in Section 2. Modified Allocations. a. CITY agrees to allocate to OWNER an additional daily water use allocation of 25,096 gpd for use on the PROPERTY at an additional cost to OWNER of $205,987.67, and an additional daily sewer use allocation of 10,281 gpd for use on the PROPERTY at an additional cost to OWNER of $407,744.26, for a total cost of $613,731.93. Payments are due immediately, and OWNER's failure to make such payments immediately shall constitute cause for CITY's immediate termination of this Agreement. b. Upon execution of this Agreement and full payment of the sums identified in Section 2(a), above, OWNER will possess, pursuant to the terms and conditions stated herein, a cumulative total daily water use allocation of 31,096 gpd with a cumulative value of $214,060.71; and a cumulative total daily sewer use allocation of 12,781 gpd with a cumulative value of $421,896.82, as more particularly described in the table below: WDOLINGE11031059.4 2 042012 - 04706091 Daily Water Use Allocation Volume Rate(Date) Previously Paid Amount Due Under this Agreement Previously Purchased 3,000 gpd $854 /1000gpd (11/16/87) $2,562.04 Previously Purchased 1,500 gpd $1,123/1000 pd (4/29/94) $1,684.50 Previously Purchased 12,600 gpd $2,551/1000 d (9/14/98) $32,142.60 Previously Refunded - 11,100 gpd $2,551/1000g d (11 /7/01) - $28,316.10 Additional Purchased Under This Agt 25,096 gpd $8,208 /1000gpd $205,987.67 Total Daily Water Use Allocation 31,096 gpd Daily Sewer Use Allocation Volume Rate(Date) Previously Paid Amount Due Under this Agreement Previously Purchased 1,000 gpd $178/100 d (11/16/87) $1,777.56 Previously Purchased 1,500 gpd $8,250/100g pd (4/29/94) $12,375.00 Previously Purchased 7,200 gpd $12,481/100 d(9/14/98) $89,865.00 Previously Refunded -7,200 gpd $12,481 /100gpd(11 /7/01) - $89,865.00 Additional Purchased Under This Agt 10,281 gpd $3,966/100gpd $407,744.26 Total Daily Sewer Use Allocation 12,781 gpd C. Upon payment in full, the daily water use and daily sewer use allocations set forth above shall run with the land, unless and until the allocations are terminated, rescinded, or otherwise modified pursuant to this Agreement or any amendment hereto, the ORDINANCES, or other provisions of law. Section 3. Rescission of Water and Sewer Use Allocations. a. Pursuant to the ORDINANCES, in the event that the PROPERTY's daily water use, as determined by CITY, is consistently less than the daily water use allocation specified in Section 2 of this Agreement, then CITY may, in its discretion, rescind all or part of the PROPERTY's daily water use allocation. b. Pursuant to the ORDINANCES, in the event that the PROPERTY's daily sewer use, as determined by CITY, is consistently less than the daily sewer use allocation specified in Section 2 of this Agreement, then CITY may, in its discretion, rescind all or part of the PROPERTY's daily sewer use allocation. C. Pursuant to the ORDINANCES, prior to and as a condition of CITY's rescission of any water or sewer use allocation, or portion thereof, and unless otherwise provided by the ORDINANCES: (i) CITY shall provide the then current owner of the PROPERTY (at the name and address maintained by the Santa Clara County Assessor's Office) written notification of CITY's determination of such underuse, which determination is subject to appeal; and (ii) CITY IMOOLINGEM1031059.4 042012 - 04706091 shall not make a rescission determination earlier than ninety (90) days after or later than one (1) year after CITY's mailing of the notification of underuse. Written notice shall be made pursuant to the ORDINANCES. Section 4. Overuse; Charges and Penalties. a. Pursuant to the ORDINANCES, OWNER shall be subject to charges and penalties in the form of higher water and sewer rates for any actual water use and /or sewer use on the PROPERTY in excess of the allocations specified in Section 2 of this Agreement. b. Pursuant to the ORDINANCES, if the PROPERTY's average daily water use or average daily sewer use over a period of thirty -six (36) consecutive billing periods exceeds its total daily water or sewer use allocation for that period, CITY may require the owner of the PROPERTY to enter into a new water /sewer use allocation agreement reflecting the PROPERTY's actual and expected average daily water use and /or its actual and expected average daily sewer use. Failure of OWNER to enter into a new water /sewer use allocation agreement shall subject the PROPERTY to the overuse rates. Section 5. Duties of Owner. In consideration of the daily water use and daily sewer use allocations specified in Section 2 of this Agreement, OWNER agrees to do all of the following: a. OWNER shall insert written notification of the terms and conditions of this Agreement, and any amendments thereto, in all deeds, leases and contracts it enters into that affect any right, title or interest in the PROPERTY, including the rights to use and /or possess the PROPERTY; b. Any deed executed by OWNER to transfer the PROPERTY shall include language under which the transferee agrees to assume all of OWNER's obligations under this Agreement, and any amendment thereto, and consents to the enforcement of such obligations against the transferee by CITY as a third -party beneficiary; C. With respect to any future agreement OWNER enters into for the leasing, use or possession of the PROPERTY (including any amendment or addendum to an existing agreement), OWNER shall secure in writing from any and all lessees, licensees, occupants and /or users of the PROPERTY their agreement not to exceed the daily water use and daily sewer use allocations stated in Section 2 of this Agreement; and d. OWNER shall investigate, and consult with CITY about, the possible use of internal reclamation systems and water- saving devices on the PROPERTY. Section 6. Increased Allocations. Should OWNER desire an increase in the daily water use allocation and /or the daily sewer use allocation for the PROPERTY, or any portion thereof, it shall submit a written application to CITY, and shall provide CITY with all information CITY deems necessary to evaluate and confirm the OWNER's reasonable expected need for the increased allocations that are being applied for. CITY shall determine, in its sole discretion, whether and the degree to which additional allocations are available. To the extent CITY determines additional allocations are available, then CITY shall give OWNER the option to acquire additional allocations at CITY's then - current published rates and fees, and subject to OWNER and CITY entering into an amendment to this Agreement or a new agreement to supersede this Agreement, in a form provided by CITY. 1MDOLINGER11031059.4 4 042012 -04706091 Section 7. Termination. The terms and conditions of this Agreement shall remain in full force and effect until this Agreement is modified or terminated by the written, mutual consent of both parties, or at the option of CITY, upon OWNER's breach of any of the provisions of this Agreement or failure to pay monthly water or sewer use charges as invoiced by CITY. Notwithstanding anything to the contrary herein, CITY reserves the right to exercise any and all remedies available in law or in equity upon such breach or failure to pay invoiced water and /or sewer charges and /or water and /or sewer allocation fees. The daily water use and daily sewer use allocations conferred on the PROPERTY pursuant to Section 2 of this Agreement, above, shall be null and void upon the termination of this Agreement for any reason. Section 8. Measurement of Sewer Effluent. CITY does not measure actual sewer flow from the PROPERTY. The daily sewer use allocation set forth in Section 2 of this Agreement, above, is based on OWNER's estimate that the sewer flow on the PROPERTY will be approximately 41.1 percent (41.1%) of daily water use on the PROPERTY. Thus, monthly sewer use charges, as shown on CITY's utility bill to OWNER, will assume an average daily sewer flow that is 41.1 percent (14.1 %) of the PROPERTY's actual water use. Nonetheless, OWNER shall be liable for actual sewer flow from the PROPERTY, as follows: a. No later than 120 days from the EFFECTIVE DATE of this Agreement OWNER shall develop and implement a sewer effluent measuring and reporting program, at its own expense, to measure the actual volume of sewer effluent from the PROPERTY, which program must be submitted to CITY for approval. OWNER shall have the option of measuring sewer effluent by: 1. Installing and maintaining a sewer effluent meter, which meter shall comply with all standards and specifications required by CITY; 2. Contracting for a sewer flow measuring program to be developed and implemented by a qualified and experienced consultant. The proposed contractor, and its proposed sewer flow measuring methods and program, shall be submitted to CITY for approval prior to its implementation; or 3. Contracting for a sewer flow measuring program to be developed and implemented by CITY. b. Notwithstanding the requirements of subsection 8.a., above, no later than 120 days from the EFFECTIVE DATE of this Agreement, OWNER shall measure and verify its actual average daily sewer flow reflecting a minimum period of thirty (30) days ("Initial Sewer Verification "), and report these results to CITY. If OWNER fails to do so, then CITY will assume that the actual sewer flow from the PROPERTY, retroactive to the EFFECTIVE DATE, is and has been the same as the actual water consumption at the PROPERTY as measured by the water meter for the same period, in which case, additional impact and /or use fees may be due and payable according to this Agreement, the ORDINANCES, and /or CITY's Schedule of Fees. If the Initial Sewer Verification shows that the PROPERTY's actual average daily sewer flow is greater than the daily sewer use allocation set forth in Section 2 of this Agreement, then OWNER shall report this discrepancy to CITY immediately, pay CITY use charges for this overuse (retroactive to the EFFECTIVE DATE), apply for and pay for an increased daily sewer use allocation, as set forth in Section 6 of this Agreement, and amend this Agreement accordingly. WDOLINGEM1031059.4 5 042012 - 04706091 C. Subsequent to the Initial Sewer Verification, to the extent the PROPERTY's sewer flows, based on actual sewer flow measurements, exceed the daily sewer use allocation set forth in Section 2, above, then OWNER agrees to report this discrepancy to CITY immediately and to pay CITY for the overuse (retroactive to the most recent sewer effluent measurement that did not exceed the daily sewer use allocation set forth in Section 2). OWNER shall otherwise be subject to overuse charges and penalties and /or additional impact fees, as required by this Agreement, the ORDINANCES, and /or CITY's Schedule of Fees. Section 9. Amendments To The Ordinances. Any references in this Agreement to the ORDINANCES, or to any specific section of Gilroy City Code Chapter 27, sections 27.76 through 27.80, or Chapter 19, section 19.115 through 19.119, shall be deemed to include the most recent versions of the ORDINANCES, and the most recent corresponding sections of the Gilroy City Code, as they may be amended from time to time. Section 10. Binding Effect. The terms and conditions of this Agreement shall be enforceable by and against CITY, and by and against OWNER and all subsequent owners, assigns, and successors in interest of and to the PROPERTY, in perpetuity until such time as this Agreement is amended, superseded, terminated or cancelled in accordance with the terms of this Agreement. This Agreement shall be recorded in the Santa Clara County Office of the Clerk - Recorder. Section 11. Allocations Not Transferable. The daily water use allocations and daily sewer use allocations that are the subject of this Agreement shall only be used on or for activities and operations on the PROPERTY, and they shall not be sold, purchased, assigned or otherwise transferred to any person or entity except to subsequent owners of the PROPERTY for use on the PROPERTY. Section 12. No Warranty. CITY neither represents nor warrants that the water and sewer capacity necessary to satisfy the daily water use allocations and daily sewer use allocations specified in Section 2 of this Agreement will be available at all times. CITY expressly reserves the right to provide less water and /or less sewer capacity than is allocated herein, and /or to temporarily reduce or delay the provision of water and /or sewer capacity, in order to address operational or legal issues, including but not limited to: service, maintenance, drought, water rationing, rainy weather, fire department uses, regulatory orders, changes in state law, and conditions beyond CITY's control. Such reductions or delays in water supply and /or sewer capacity shall not be deemed to constitute violations of this Agreement, and shall not entitle OWNER to a refund of daily water use or daily sewer use allocation fees, in whole or in part. Section 13. Force Maieure. CITY shall not be in breach or default of this Agreement, or be liable to OWNER or any other party, for any delay in or failure of performance under this Agreement that directly or indirectly results from: governmental action (other than by CITY), including an order, regulation or restriction of federal or state governmental, military or lawfully established civilian authorities; acts of public enemies or terrorists; riot; insurrection; rebellion; revolution; state of war (declared or undeclared), war conditions similar to a state of war, or preparation to a state of war, or preparation for war; sabotage; blockade; embargo; fire; explosion; earthquake; nuclear accident; flood; strike; lockout; plague or other epidemics; chemical, biological or nuclear catastrophe; power blackout; hurricane, tropical storm, tornado or unusually severe weather condition; or other causes beyond CITY's reasonable control. The time for CITY's performance under this Agreement shall be extended for a reasonable period of delay resulting from any such cause. 1MDOLINGER11031059.4 6 042012 - 04706091 Section 14. Owner's Representations. OWNER represents that it has reviewed the ORDINANCES (specifically including but not limited to the sections addressing the calculations of the daily water use allocation and daily sewer use allocation), and it has reviewed CITY's Schedule of Fees, and has been advised by CITY to consult with legal counsel concerning those calculations and the effect of the ORDINANCES and entering into this Agreement. Section 15. Entire Agreement. This Agreement and amendments hereto constitute the final, complete, and exclusive statement of the terms of the Agreement by and between CITY and OWNER and supersedes all prior and contemporaneous understandings or agreements with respect to the matters herein set forth. Neither CITY nor OWNER has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. Section 16. Partial Invalidity. If a court of competent jurisdiction or arbitrator holds any provision of this Agreement to be void, invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, shall not be affected. Section 17. No Waiver. No waiver by either party of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by the other party of the same or any other provision. Section 18. Captions. The captions and headings of the Sections of this Agreement are for convenience of reference only and shall not be deemed to define or limit the provisions thereof. Section 19. Attorneys' Fees. In the event of any litigation or arbitration proceeding between CITY and OWNER arising out of this Agreement as the same may be amended from time to time, including but not limited to failure to make payments when due, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in any such action or proceeding. Section 20. Applicable Law, Jurisdiction; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The parties specifically agree that the exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in the State courts of the State of California located in Santa Clara County, California. IN WITNESS WHEREOF, CITY has executed this agreement as of 161101041 IN PUyohn OODS USA, INC. By: Date: C11I' mac4 L en PERA TING OFFICER WDOLINGEM1031059.4 7 042012 - 04706091 , 2012. AT CITY CLERK APPROVED TO FO Ei a a on CITY ATTORNEY Y WDOLINGEM1031059.4 042012 - 04706091 C OF GILROY T omas J. H Lund CITY ADMINISTRATOR CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On JUA)15 P 96/-7- before me, Wilma Smith, Notary Public -mate Here Insert Name and Title of the Officer personally appeared Jo /-/ A_j I=51'w Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(Vwhose name( _OaX subscribed to the within instrument and acknowledged to me that t�i /sly /t* executed the same in.V)s//h0/th k authorized s. WILMA SMITH capacity(ip$), and that byahadhXr slgnatureW on the a-My Commission # 1839516 z instrument the person(s� or {he entity upon behalf of z Notary Public - California z z Santa Clara Coun ?y which the persons acted, executed the instrument. Comia. Expires Apr 2., 2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my 4pd and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document -- d Title or Type of Document: Document Date: &;, - l/' Signer(s) Other Than Named Above: N Capacity(ies) Claimed by Signer(s) Signer's Name: Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ El Attorney in Fact • El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual /D ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 •www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 STATE OF CALIFORNIA ss. COUNTY OF On before me, personally appeared 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. SIONATURE OF NO AA "�R IMDOLINGER11031097.4 -4- 042012 -04706 CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICERS(S) Title(s) PARTNER(S) LIMITED GENERAL ATTORNEY -IN-FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) CALIFORNIA • ACKNOWLEDGMENT ...... va. �. A - �. �5..� �. a.taSa �S� ®s. �9a �. va. - as ,oai s A a os , AYa. va s. e. w pa va. tea• :r� who proved to me on the basis of atisfactory evidence to be the person(, whose name is/ ubscribed to the within instrument and acknow dged to me that he shefthey executed the same i his/ e�rJ#�re.r authorized capacity(i�q), and that try %h it slgnaturek on the INCA '25 - instrument the person, or the entity upon behalf of Commission #E 1931989 which the persory(') acted, executed the instrument. -r Notary Public - California i = Santa Clara County I certify under PENALTY OF PERJURY under the laws My Comm. Expires Apr 15, 2015 of the State of California that the foregoing paragraph is true and correct. WITNES my and and off. ' + seal. Place Notary Seal Above Signatur Signature of Notary Pu is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description c Title or Type of Document Date r Signer(s) Other Than Named Above: Capacity(i�o Claimed by Signer Signer's Name: ' � w , , 2 r igner's Name: d)17 Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RaiN VIOO 111 El Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www_NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 aYE HIBI�rE : LEGAL: DESCRJ!PTlt N:wPAROEL 1 ":: All that. redl'proporty.sftuated In the City of Gifr" YI Countypf Sentd Clara,,S.tate- of'.. :C,slftrota� ;b$�ng a�ii of F�aresi�'3A . a� shc�uvn on tf�e Parobt Map iliod.;f�r�uary.l �, 'ice$ . irt�ryf ac k 682Na�if:liA�ips, pt PaOes�+���tr. inJd*22,�'Rdd6rd6'of'.Sari '.Ctiar.a County; bellforriis, f d d -;Lf `io �-- '�i t 47J•� Fl�r.�l5 , a d t'Lo'1 �• "r as•sh9��vr�'p,;n thy :1Viap n#itf t �{ 'roct'hlo,. .. : :f35'i2".i•fiied ' erue►t 2S,.1g82 16.+ciok.830•1Ulaps;t piges: :4Q:an�-A•'l,.Ktecardsf Santa Clare County, Catifornfa, being• mare particufariy desGobed: as- follows:. ,g rng -at the.sigUthwdst-0060. of:salo " "Parcel •� , thence along tho• so6thwOst- tina..af•8oiVParcel 3A", N 2*05'00"W; the `so.W itiest- carner;ef "Parc4i A - at. described in, Oer ificato af. 0b.mpfiance. No �q�4p�, reG�rded .'June,. t 4.ti5.es: }ciOU ' me. t• #4.5.42 2484 ,:'Offcciat'Rec©rds:of-Santa Claea County, i alifrarrii ; thence.;along:tl7 sau#heast ilrie cf $al. Tsrdel:A "i N57�55 "qo "E, a•:dlstanco. of: X73,26 fe�t,lienae albrig the'tiQrthi6d t llrte of skid "Marvel i ",: 143221'0 •0D"1t�!r r� .: : atlsta '66-.Of303.2640416•-the- soUtheny r1gf4t ofVay.;ifne.of Rossi Court, and;the • : begirih ng ofa IoM. :te» er�t`oun!® t4 the :feft, cf Which:the radius p�Qinf lies N� �'Q►VO W,`a radi3O .dls*noe 6f 70.04 fe ®t; thence northeasterfy.afpng. said •sbuthody sigh f�+ay and.ourve,-thr4ugf osntraf.ar tc of =;43° 3`2�R;.a dfstanr .of*52,81-feef tb a- ravome curvsl.' the rfght havCng a.radius i�f Sg,Qg feet; .tfNerrr .ccint�rt ting rtorFlieasteriy if" g said southady lght aF Way and, rve,.:.tfiro4gh:a.cei�tr�l :a' n' gi0 of a dfistanc r.n►f dA.5.7 €eet; the' q. :continuing .eiiong said spun rly r'igh# N my, N57955`4tl"E, e•:distdn . of- 118.�'g. €edt to'-a tart. eurvb: to -the right. : liars ng• a: oius of'.40 4g feet; #handd saiteriy along said .curWa; tk�rough a �t�'eil:gngte . . of 9g'oD'0�} ", a distance c�2:3 fsefi, to the sq�tifihv��astiy righi�cafway lire ofQSat:.:'. • Un'e;.• thence slwis' old. sotA.h estody'dd.ht,�af ihAy,' 632t5,0 "E;':a diatan of 64 t fo t0gent ..ci�ryp to• the ;right having a radlus of 40.00:1eet; t�' oe*.4c 6#herfy old. g said i our, a' ceri��si ahgl� 0�'1:4�°0�'t�.0 "; a dfstaric�.bf -12.66466t; .8a rMtherfj -•Oght Wsj`•line'.Qf:South�ide*D4Ve ;:thence al ong.*said.riorthariyright -gPWay : • S7.200voo" �Itlf,. a. distance of .38:7.44 feet. to.Ahe '0016't Of 8epinningj containing 8,'t 3 acres, inters oir toss:. As shown on "l~xfitf it fan made a Ood.heraof : This-kgat �dw I —tiara was pr ared"by mo or mder my titre A" :pupuu rat do the xeg7 rcexgnants.of t ie` 'rdessiorie .and 8t eyorIs LA .gu f� a;Nt�,aw��.� CNAF' t. &01_ f CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On Ja vC /i .zvr'a- before me, Wilma Smith, Notary Public Date - Here Insert Name and Title of the Officer personally appeared -) Cuff A! f3te E F- Al Name(s) of Sgner(s) who proved to me on the basis of satisfactory evidence to be the person(*!whose name(O _Qac4 subscribed to the within instrument and acknowledged to me that _ _ _ "M 456 s* /thy executed the same in ii /f e�/t Ciir authorized WILMA SMITH capacity(iEA, and that by f i /" /t�ir signature(, on the J ' Commission # 1839516 z instrument the person(o, or the entity upon behalf of Z , -m Notary Public - California D which the person(,) acted, executed the instrument. Z Santa Clara County My Comin. Expires Apr 2, 2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. Signature Place Notary Seal Above signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another docume fobs Description of Attached Document . Z 7 - - Title or Type of Document: Document Date: & a // ° � 0 /a Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 9,a . . ci� a^ Individual Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. • . 0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 CALIFORNIA P• ACKNOWLEDGMENT State of California personally appeared INGA ALONZO Commission #t 1931989 Notary Public - Californiae Santa Clara County LomyComm. Expires is- 2015 who proved to me on the basis of ti factory evidence to be the person(, whose name( s/ to subscribed to the vyjthin instrument and acknowledged to me that rhe/ ey executed the same ir4 is r authorized capacity(i, and that b Is r signature(,$( on the instrument the person*, the entity upon behalf of which the person 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 y d and offici sal. Place Notary Seal Above Signature Signa ure of Notary Publ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Title or Type of Document Date: Signer(s) Other Than Named Above: )q '&_ Capacity(ies) Claimed by Signer(s) : h /ff Signer's NameSigner's Name: 9 Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing OF SIGNER ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800 -876 -6827