23-051 Stormwater Management Facilities Operation and Maintenance Agreement(Assignment & Assumption Agreement), APN 326-10-066RECORDING REQUESTED BY:
First American Title Insurance Company National
Commercial Services
WHEN RECORDED MAIL DOCUMENT TO:
The Sobrato Family Foundation
599 Castro Street, 4th Floor
Mountain View CA 94041
Lisa Sobrato Sonsini
"This document was electronically submitted
to Santa Clara County for recording"
25482159
Regina Alcomendras
Santa Clara County - Clerk-Recorder
06/01/2023 11 :46 AM
Titles: 2 Pages: 10
Fees: $77.00
Tax: $0.00
Total: $77.00
Space Above This Line for Recorder's Use Only
A.P.N.: 326-10-066
Proper!cy Address: 20572 - 20688 Homestead Road, Cupertino, CA 95014
File No.: NCS-1165620-SC (cmh)
ASSIGNMENT AND ASSUMPTION OF STORMWATER AGREEMENTS
Title of Document
The undersigned declares that the document to which this page is affixed and made a part of is exempt from the
fee imposed by the Affordable Housing & Job Act (SB2) (GC 27388.1) and Restrictive Covenant Modification (GC
27388.2)
(X ) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of
Documentary Transfer Tax per GC 27388.1 (a) (2) & Gov't Code 27388.2(b).
( ) Recorded [concurrentlyl in connection with a transfer of real property that is residential dwelling to an owner-
occupier per GC 27388.1 (a) (2) & Gov't Code 27388.2(b).
( ) Maximum fee of $225 has been reached per GC 27388.1 (a) (1).
( ) Not related to real property GC 27388.1 (a) (1).
( )Transfer of real properLy subject to the imposition of Documentary Transfer Tax - GC 27388.1 (a)(2) and
27388.2(5).
( )Transfer of real property that is a residential dwelling to an owner-occupier - GC 27388.1 (a)(2) and
27388.2(b).
( ) Document is executed or recorded by the state or any county, municipality, or other political subdivision of the
state - Gov't Code 27388.1(a)(2) & Gov't Code 27388.2(b).
THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMAJION FORTHE BUILDING HOMES AND JOBS ACT FEE
(SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies)
and Restrictive Covenant Modification Fee ($2.00 Additional recording fee applies)
DOC #25482 4 59 Page 2 of 10
RE,CORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The Sobrato Family Foundation
599 Castro Street, 4'h Floor
Mountain View, CA 94041
Attention: Lisa Sobrato Sonsini
A.P.N.: 326-10-066 SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSIGNMENT AND ASSUMPTION OF
STORMWATER AGREEMENTS
Between
The Sobrato Family Foundation,
a California nonprofit public benefit corporation ("Assignor"),
and
CornRef Homestead Square, LLC,
a Delaware limited liability company ("Assignee")
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ASSIGNMENT AND ASSUMPTION OF STORMWATER AGREEMENTS
THIS ASSIGNMENT AND ASSUMPTION OF STORMWATER AGREEMENTS (this
"Assignment") IS made and entered IntO aS Of : 01 , 2023 (the "Effecttve Date") b)/ The
Sobrato Family Fotmdation, a Califoniia nonprofit public benefit corporation ("Assignor"), and
ComRef Homestead Square, LLC, a Delaware limited liability company ("Assignee"), with
reference to the following facts:
B. The Real Property is subject to the following documents: (collectively, the
"Stormwater Agreements"): (i) Stormwater Management Facilities Operation and Maintenance
Agreement recorded in the Official Records of Santa Clara County, Califomia ("Official
Records") on August 30, 2012 as Instrument No. 21830296, and (ii) Stormwater Management
Facilities Operation and Maintenance Agreement recorded in the Official Records on March 19,
2013 as Instniment No. 22137234.
C. Assignor desires to assign, transfer and convey to Assignee a]] of Assignor's right,
title and interest in and to the Stomiwater Agreements, and to effectuate a release of Assignor and
the prior owners of the Real Property from the obligations and responsibilities hereafter accniing
under the Stormwater Agreement, and Assignee desires to assume all of Assignor's obligations
and responsibilities hereafter accruing under the Stormwater Agreements, on the terms and
conditions set forth in this Assignment.
NOW, THEREFORE, Assignor and Assignee agree as fo]lows:
1, Assignor hereby assigns and transfers to Assignee, as of the Effective Date, all of
Assignor's right, title and interest in and tq the Stormwater Agreements. Subject to this
below, Assignor agrees to indemnify, protect, defend with counsel reasonably acceptable to
Assignee and hold harmless Assignee from and against any and all claims, demands, damages,
suits, causes of action, judgtnents, obligations, costs, liabilities, losses and expenses (including
without limitation, reasonable attomeys' fees) to the extent relating to the breach of the Assignor's
obligations and responsibilities under the Stormwater Agreements which occurred prior to the
Effective Date or as a result of Assignor's breach of its obligations pursuant to this Assignment.
2. Assignee hereby presently assumes the obligations and responsibilities under the
Stomiwater Agreement which accrue from and after the Effective Date, and agrees to perform and
comply with the terms, provisions, covenants and conditions of the Stormwater Agreements to be
perfomied and complied with by Assignor from and after the Effective Date. Assignee agrees to
indemnify, protect, defend with counsel reasonably acceptable to Assignor and hold haimless
Assignor from and against any and all claims, demands, damages, suits, causes of action,
judgments, obligations, costs, liabilities, losses and expenses (including without limitation,
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DOC#25482159 Page4of10
reasonable attorney's fees) relating to the Stormwater Agreements to the extent first arising on or
after the Effective Date or arising as a resu)t of Assignee's breach of its obligations pursuant to
this Assignment.
3. InordertoeffectuateareleaseofAssignorandthepriorownersoftheRealProperty
as provided for in Section 7 of the Stormwater Agreements, Assignor and Assignee agree that this
Assignment shall inure to the benefit of the City of Cupertino. In addition, this Assignment shall
be binding upon and inure to the benefit of the parties hereto and their respective legal
representatives, successors and assigns.
4. This Assignment shall be governed by and conshved in accordance with the laws
of the State of California applicable to agreements made and to be wholly performed within said
State without regard to any choice of law principles, and may not be modified or amended in any
manner other than by a written agreement signed by the party to be charged therewith. Venue for
all court proceedings shall be Santa Clara County, California. In the event of any litigation
between Assignor and Assignee arising out of this Assignment, the prevailing party shall be
entitled to recover its reasonable attorney's fees and costs incurred in any such action. If any term
or provision of this Assignment or the application thereof to any persons or circumstances shall,
to any extent, be invalid or unenforceable, the remainder of this Assignment or the application of
such term or provision to persons or circumstances other than those as to which it is held invalid
or unenforceable shall not be affected thereby, and each term and provision of this Assignment
shall be valid and enforced to the fullest extent permitted by law. This Assignment may be signed
in counterparts, each ofwhich shall be deemed an original, but all of which together shall constitute
one and the same instnument. In addition, counterpart signature pages may be (but shall not be
required to be) annexed to one Assignment. The parties agree that the terms and conditions of this
Assignment are the result of negotiations between the parties and that this Assignment shall not be
construed in favor of or against any party by reason of the extent to which any party or its
professionals participated in the preparation of this Assignment.
[Signature page follows]
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DOC #25482 159 Page 5 of 10
IN WITNESS WHEREOF, Assignor and Assignee have signed this Assignment and
Assumption of Stormwater Agreements as of the date first set forth above.
ASSIGNOR:
The Sobrato Family Foundation,
aCalifornia o public fitcorporation
ASSIGNEE:
ComRef Homestead Square, LLC,
a Delaware limited liability company
By: MIM Rincon Manager, LLC,
a Delaware limited liability company
Its: Manager
By: MetLife Investment Management, LLC,
a Delaware limited liability company
Its: Sole Member
SIGNED IN COUNTERPART
By:
Name:
Its:
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DOC #25482 159 Page 6 of 10
IN WITNESS WHEREOF, Assignor and Assignee have signed this Assignment and
Assumption of Stormwater Agreements as of the date first set forth above.
ASSIGNOR:
The Sobrato Family Foundation,
a California nonprofit public benefit corporation
SIGNED IN COUNTERPART
Lisa Sobrato Sonsini
Its: Secretary
ASSIGNEE:
ComRef Homestead Square, LLC,
a Delaware limited liability company
By: MIM Rincon Manager, LLC,
a Delaware limited liabi)ity company
Its: Manager
MetLife Investment Management, LLC,
a Delaware limited liabi]ity company
Sole Member
Name: Michael Pace
Its: Managing Director
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DOC #25482 159 Page 7 of 10
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.
ST ATE OF CALIFORNIA
COUNTY OF 5n'f -s (fa=-q
SS.
On M*-I gr, zo ?! ! , before me, Ci, S h ; wi s &x*q>b , Notary
Public, personally appeared l;zq 50 &1-A4o S*h$iA; , 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 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 instniment the person(s), or the entity
upon behalf of which the person(s) acted, executed the instniment.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is tnie and correct.
WITNESS my hand and official seal.
(Signature)
(Seal)
G. SHIMABLIKLIRO5 sotary Publlt - California
iff SantaClaraCounty
Comm
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DOC #25482159 Page 8 of 10
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 huthfiilness, accuracy, or va)idity of that document,
ST ATE OF CALIFORNIA
COUNTY OF SON % rA&(J:)
SS.
On jgql 28,ZCiZS,beforeme, JRCGU6LJ4€ 7Skr'Vq ,Notary
Public, personally appeared 21(j+7t6L plC6 , who proved to me on the basis of
asantdisfaaccthory0welveiddgeendcettOo bmeethethpaetrs@on(Ssh)ew/thhoeyse nexameceu<tsePthree ssuabmsceribined@to,thheerw/thitehl.iTn ianustthnunorlzeendt
capacity(ies), and that beer/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 tnie and correct.
WITNESS seal.
(Seal)JaCQuElJtE TSAM
(Signature)
MTOSCANOll7900436 -l-
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Exhibit A
Legal Description
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL ONE:
ALL OF PARCEL A, SO DESIGNATED AND DELINEATED ON THE PARCEL MAP RECORDED AUGUST 20, 1970
IN BOOK 272 0F MAPS, PAGE 5, SANTA CLARA COUNTY RECORDS.
AND, IN ADDmON THERETO, THE FOLLOWING AREA:
ALL OF PARCEL 1, AS SHOWN ON THE PARCEL MAP FILED DECEMBER 7, 1988 IN BOOK 594 0F MAPS,
PAGE 9, SANTA CLARA COUNTY RECORDS.
AND, IN ADDmON THERETO, THE FOLLOWING AREA:
ALL OF PARCEL A, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON MARCH 29, 1977
IN BOOK 391 0F MAPS AT PAGE 46, SANTA CLARA COUNTY RECORDS.
AND, EXCEPTING THEREFROM THE RIGHT TO PUMP, TAKE OR OTHERWISE EXTRACT WATER FROM THE
UNDERGROUND BASIN OR ANY UNDERGROUND BASIN, AS GR/)INTED BY SK/)IGGS PAY LESS DRUG
STORES AND TRANSAMEFuCA TITLE INSURANCE COMPANY TO THE CITY OF CUPERTINO, BY QUITCLAIM
DEED AND AUTHORIZATION RECORDED APRIL 29, 1970 IN BOOK 8905, PAGE 622, OFFICIAL RECORDS.
SAID PARCEL IS SHOWN AS "EXHIBIT C" OF THE LOT LINE ADJUSTMENT RECORDED ON NOVEMBER 04,
2011 AS INSTRUMENT N0. 21402631, OFFICIAL RECORDS.
PARCEL TWO:
NON-EXCLUSIVE EASEMENTS APPURTENANT TO PARCEL ONE ABOVE FOR PEDESTRIAN AND VEHICULAR
INGRESS AND EGRESS, VEHICULAR PARKING AND FOR FOOTINGS, FOUNDATIONS AND EAVES AS
GRANTED IN THAT CERTAIN DECLARATION OF ENCUMBRANCES RECORDED FEBRUARY 27, 1970 IN
BOOK 8843, PAGE 364, AS MODIFIED BY THAT CERTAIN AMENDMENT TO DECLARATION OF
ENCUMBRANCES RECORDED JULY 23, 1970 IN BOOK 8996, PAGE 735, AND AS MODIFIED BY THAT
CERTAIN SECOND AMENDMENT TO DECLARATION OF ENCUMBRANCES RECORDED SEPTEMBER 8, 2011
AS INSTRUMENT N0. 21307879, AND AS MODIFIED BY THAT CERTAIN THIRD AMENDMENT TO
DECLARATION OF ENCUMBRANCES RECORDED OCTOBER 22, 2012 AS INSTRUMENT N0. 21910015, ALL
OF OFFICIAL RECORDS.
PARCEL THREE:
A NON-EXCLUSIVE EASEMENT FOR ROOF OVERHANG AS SHOWN ON THAT CERTAIN 'PARCEL MAP FILED
FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA ON AUGUST 20, 1970 IN BOOK 272 0F MAPS, PAGE 5.
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PARCEI FOUR:
ACCESS EASEMENTS AS SET FORTH IN DOCUMENT ENTffLED RECIPROCAL EASEMENT AGREEMENT,
RECORDED FEBRUARY 09, 2012 AS INSTRUMENT N0. 21531691, OF OFFICIAL RECORDS OF SANTA
CLARA COUNTY.
APN: 326-10-066
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This is to certify that this is a
true copy of the document
on file in this office.
ATTEST:
CLERK-RECO R[)ER
Santa Clara, CA
06/05/2023