24-020 Stormwater Maintenance Facilities Operation, Maintenance and Easement Agreement, 19500 Pruneridge AvenueRECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV, CODE 27383
256e3866
Regiria Qlcomendras
Santa Clara Courity - Clerk-Recorder
e2/29/2el24 11:35 QM
Titles: 1 Pages : 28
Fees : $21. €hO
Taxes : %
Total : $0.Oe
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(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
STORMWATER MANAGEMENT FACILITIES OPERATION, AND
MAINTENANCE AGREEMENT
19500 Pruneridge Avenue, Cupertino, CA 95014
APN 316-06-058 & 316-06-059
0 0riginal
0 Conformed Copy
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Clerk's Office
10300 Torre Avenue
Cupertino, CA 95014-3202
EXEMPT FROM RECORDING FEES PER
GOVERNMENTCODE §6103
Space above this line for Recorder's use.
STORMWATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE AND EASEMENT AGREEMENT
19500 Pruneridge Avenue, Cupertino, CA 95014
APN316-06-058 &316-06-059
This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE
A'ISJD EASEMENT AGREEMENT ("Agreement") is made ayid entered into this 2A'y-"day of
7pH,H.1 , 20 J, by IAC at Cupertino LLC, a Delaware limited liability company
("Covenantor") and the City of Cupeitino, a municipal corporation ("City"). Covenantor and
City are referred to collectively herein as the "Parties" and each individually as a "Party."
RECIT ALS:
This Agreement is made and entered into with reference to the following facts:
A, The City is authorized and required to regulate and control the dispositioii of stori'n and
surface waters as set forth in the City's Stormwater Pollution Prevention and Watershed
Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as cuirently in effect and
as it may hereafter be amei'ided, the "Ordinance").
B. TheCovenantoristl'ieownerofacertaintractorparceloflanddesignatedasAPN316-
06-058 & 316-06-059 and more particularly described in Exhibit A attached hereto
("Property")
C. The Covenantor desires to constnict certain in'iprovements on the Proper'ff that may alter
existing stormwater conditions on both the Propeity and adjacent lands.
D. To minimize adverse impacts due to these anticipated changes in existing storm and
surface water flow conditions, tl'ie Covenantor is required by the City to build and maintain, at
Covenantor's expense, stoimwater management and trash capture facilities ("Facilities") as
more particularly desciibed and shown in tlie Stormwater Management Plan prepared by Civil
Engineering Associates and dated December 4, 2023, whicli plan, togetlier with any and all
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amendments, including future amendments, tliereto (collectively, tlie "SWMP"), are on file with
the Public Works Department of the City of Cupeitino, California, and are hereby incorporated
by reference.
E. TheCityhasreviewedtheSWMP,andsubjecttoexecutionofthisAgreement,has
approved the SWMP.
AGREEMENT:
NOW, THEREFORE, in consideration of the benefits received and to be received by the
Covenantor, its successors and assigns, as a result of the City's approval of the SWMP, the
Parties hereby agree as follows:
1. Covenants Running With the Land; Propeity Subiect to Agreement. All of the Propeity
shall be subject to this Agreement. The Paities intend that this Agreement shall taun with the
laiid, shall be bindiiig on Covenantor, its successors and assigns, and all parties having or
acquiring any right, title or interest in tlie Property or any portion thereof, and their respective
successors and assigns, and sliall inure to the benefit of the City and its successors and assigns
regardless of whether City has any ownership interest in the Property or any poition thereof or
any property adjacent thereto. Every limitation, easement, obligation, covenant, condition, aiid
restriction contained lierein sliall be deemed to be, and shall be conshued as a covenant ruiining
with the land, and in addition, sl'iall be construed as an equitable servitude, enforceable by any
owner of any portion of the Property against any other owner, tenant or occupant of the Property
or any portion thereof. Subject to the provisions of Section 9 below, each reference in this
Agreement to Covenantor shall mean Covenantor and its successors in iiiterest to the Property or
any portion thereof.
2. Responsibility for Installation, Operation and Maintenance. At its sole expense, the
Covenantor shall consttuct, operate and perpetually maintain the Facilities in strict accordance
with: (a) the Ordinance, (b) manufacturer's recommendations where applicable, (c) the SWMP
and any amendments thereto that have been approved by the City, and (d) all other applicable
federal, state and local laws, ordinances and regulations. Covenantor, on an annual basis, shall
prepare and deliver to the City Public Works Director, a Maintenance Inspection Report in tlie
form attached liereto as Exhibit C or such otlier form as may be required by City from time to
time. The annual Maintenance Inspection Report shall identify all completed inspection and
maintenance tasks for the reporting period and shall be submitted to the City in order to verify
tliat inspection and maintenance of the Facilities liave been conducted as required by this
Agreement. Tlie annual report sl'iall be submitted no later than October 15 of each year, under
penalty of perjury, to the City Public Works Director or such other member of the City staff as
directed by the Public Works Director. Covenantor shall provide in the annual report a record of
the volume of all accumulated sediment removed as a result of the haeatment measure(s).
Covenantor shall conduct a minimum of one annual inspection of tlie Facilities before the rainy
season; this inspection shall occur between August 1st and September 30 each year. More
frequent inspectioxis may be required to comply with the maintenance staiidards. The results of
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inspections sliall be recorded on the Maintenance Inspection Report.
3. Facility Modifications. At its sole expense, the Covenantor shall make such changes or
modifications to the Facilities as the City Engineer may reasonably deterinine to be necessary or
desirable to ensure tliat tlie Facilities continue to operate as originally designed and approved.
Any changes or modifications to tl'ie Facilities may be made only with prior written authorization
by the City Engineer or his or her designee.
4. Grant of Basement. Covenantor hereby grants to City a nonexclusive, access and
maintenance easement ("Easement") over the Facilities as depicted and described in Exhibit B
attached hereto and incorporated herein ("Stormwater Facilities Area") for the purpose of
pernnitting tlie City, aiid its employees, agents, contractors, consultatits, to inspect, monitor,
maintain, repair and replace the Facilities. Covenantor grants to the City tlie nonexclusive right
of ingress and egress to the Stoimwater Facilities Area, from tl'ie existing streets adjoining the
Propeity, over the existing drives, walkways and parking areas located on the Property, for
purposes connected with any right under this Agreement or the performance of any obligations
required by this Agreement. Such access and maintenance easement shall be exercised at
reasonable times, after not less than forty-eight (48) hours' prior written notice to Covenantor,
except in the event of an immediate threat to public health and safety in which case no prior
notice sliall be required, and in a reasonable mai'uier as provided in the Ordinance.
5. Facility Inspections by the City. At reasonable times, after not less than forty-eight (48)
hours' prior written notice, except in the event of an immediate threat to public health and safety
in which case no prior notice shall be required, aiid in a reasonable maniier as provided in the
Ordinance, the City, its agents, employees, contractors, and consultants sliall liave the right of
ingress and egress to the Stornnwater Facilities Area for the purpose of inspecting the Facilities
to ensure that the Facilities are being properly maintained, are continuing to perform in an
adequate mai'u'ier (as reasonably deteriuined by the City Engineer or his or her designee), and are
in compliance witli the Ordinarice, the SWMP and any amendments tliereto approved by the City
and all other applicable laws.
6. No Barriers. While this Agreement is in effect, Covenantor shall not erect, nor perinit to
be erected, any building or structure of any kind within the Stormwater Facilities Area, nor sliall
Covenantor fill or excavate within the Ston'nwater Facilities Area without City's prior written
consent which shall not be unreasonably withheld, but may be conditioned upon such
require'inents as City Engineer determines are reasonably necessary or desirable to ensure proper
functioning of the Facilities.
7. Default and Remedies. If following deliveiy of written notice from City and the
expiration of a thirty (30) day cure period (except in the event of an iininediate threat to public
liealth and safety in which case Covenantor shall commence and complete corrective action as
soon as possible following receipt of notice from the City), Covenantor fails to correct any defect
in the Facilities in accordance with the approved design standards, the SWA/IP, the Ordinance,
and all other applicable state, federal, and local laws, iules, and regulations, or Covenantor
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otlierwise fails to comply with the maintenance and repair obligations set forth in the SWMP and
this Agreement, the City shall have the tight upon delivery of foity-eight (48) hours' prior
written notice (except in the event of an iinmediate threat to public health and safety in which
case no notice sliall be required) to enter tlie Stormwater Facilities Area for tlie purposes of
maintainiiig and repairing the Facilities at Covenantor's expense, and Covenantor shall be
obligated to reimburse City for the cost of all such work, including, without limitation, the cost
of City staff tii'ne, within thirty (30) days following City's delivery of an invoice therefor,
together with documentation of City's costs aiid expei'ises incurred in connection witli the
perfoimance of sucli work. If such costs are not paid within tlie prescribed time period, the City
may assess Covenantor the cost of the work, and said assessment shall be a lien against the
Propeity or may be placed on the propeity tax bill and collected as ordinary taxes by the City. In
addition to the foregoing, the City may pursue any otlier remedies provided under law or in
equity, iiicluding without limitation, ex parte applications for temporary restraining orders,
preliminaiy injunctions and peimanent injunctions enjoining any such violation or attempted
violation or default, an order for specific performance, civil and criminal penalties, and the
remedies set fortli in Sections 9-18.190, 9.18.230 and 9.18.250 of tlie Ordinance. All such
remedies shall be cumulative and not alternative
8. To the fullest extent allowed by law, Covenantor shall indemnify and hold
hari'nless CITY, its City Council, boards and commissions, officers, officials, agents, employees,
servants, consultants and volunteers (hereinafter, "Indemnitees") from and against any liability,
loss, damage, expense, and cost (including reasonable legal fees and costs of litigation or
arbitration), resulting from in.jury to or death of any person, damage to property, or liability for
other claims, stop notices, demands, causes of actions and actions, arising out of or in any way
related to tlie ownership, operation, use of the area, maintenance, or failure to maintain, tlie
Facilities, or tl'ie Covenantor's performance or nonperformance of his/her duties under this
Agreement, or from negligent acts or omissions or willful misconduct of Covenantor, its agents,
employees, contractors, or subcontractors, except to the extent any of the foregoii'ig is caused by
the negligence or willful miscoyiduct of the CITY or the CITY'S agents, employees and
independent contractors. Covenantor sliall, at his/her own cost and expense, defend any and all
claims, actions, suits or legal proceedings that may be brought against the City or any of the
Indemi'iitees (with counsel acceptable to City) in coi'u'iection with this Agreement or arising out
of Covenantor's performance or nonperforinance of his/her duties and obligations hereunder,
except to tlie extent any of the foregoing is caused by tlie negligence or willful misconduct of the
CITY or the CITY'S agents, employees and independent contractors.
9, Obligations and Responsibilities of Covenantor. Initially, the Covenantor named above
sliall be solely responsible for the performance of the obligations required under this Agreement
and for the payment of any and all fees, fines, and penalties associated with such perfoimance or
failure to perforin under this Agreement. Notwithstaiiding any provisions of this Agreement to
the contraiy, upon the recordation of a deed or other instniment of sale, transfer or other
conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third
paity, the Covenantor shall be released of its obligations and responsibilities under this
Agreement accruing after the date of such Transfer to the extent such obligations and
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responsibilities are applicable to that portion of the Property included in such Transfer.
10. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the
Property or any part tliereof by tlie Covenamor to subsequent owners and assigns.
11. Tern'iination and Release of Agreement. hi the event that the City deteri'nines, in the
exercise of its sole discretion, at any future time that the Facilities are no longer required, then it
promptly shall so notify the Covenaiitor or its successors and/or assigns in writing, aiid at the
written request of the Covenantor, the City shall execute a termination and release of this
Agreement which the Covenantor shall cause to be recorded in the Official Records at
Covenantor's sole expense.
12.Miscellaneous.
12.I Notices. Except as otherwise specified herein, all notices, demands, requests or
approvals to be sent pursuaiit to this Agreement shall be made in writing, and sent to the Parties at
their respective addresses specified below or to such other address as a Party may designate by
written notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by: (a) personal delivery, in which case notice is effective upon deliveiy; (b) certified or
registered mail, return receipt requested, in whicli case notice shall be deemed delivered upon
receipt if delivery is confirmed by a return receipt; (c) nationally recognized overiiight courier,
with cliarges prepaid or charged to the sender's account, in which case notice is effective on
deliveiy if delivery is confiimed by the delivery service; or (d) postage prepaid registered or
certified mail, iii which case notice shall be deemed delivered on the second busiiiess day after the
deposit thereof witli the U.S. Postal Service.
City:
City of Cupertino
10300 Torre Ave
Cupertino CA 95014
Attention: Public Works Director
Witli copy to:
City of Cupertino
10300 Torre Ave
Cupertino CA 95014
Attention: City Attorney
Covenantor:
IAC at Cupertino LLC
131 Theory
-5-
Irvine, CA 92617
Attention: General Counsel
12.2 Attoineys' Fees. In the event that either Paity institutes legal action or arbitration
against the other to interpret or enforce this Agreeinent, or to obtain damages for any alleged
breach liereof, tlie prevailing Party in such action or arbitration s)iall be entitled to reasonable
attorneys' or arbitrators' fees in addition to all otlier recoverable costs, expenses and damages.
12.3 Governing Law; Venue. This Agreement shall, in all respects, be governed,
construed, applied, and enforced in accordance with the laws of the State of Califoriiia without
reference to its choice of laws provisions. Any dispute related to the interpretation or
enforcement of this Agreement shall be heard in courts having jiu'isdiction iii Santa Clara
County, California.
12.4 Further Assurances. City and Covenantor shall each execute, acknowledge and
deliver to tlie other such other documents and instruments, and take such other actions, as either
shall reasonably request as may be necessary to fully effectuate the terms and provisions of this
Agreement.
12.5 Entire Agreement. Tliis Agreement, together with tlie SWMP, constitutes tlie
entire agreement of tlie Parties with respect to tl'ie subject matter contained hereiii and supersedes
all prior written or oral agreements with respect thereto.
12.6 Severability. In the event any part or provision of this Agreement sliall be
determined to be invalid or unenforceable under tl'ie laws of the State of California, tlie
remaining portions of this Agreement that can be separated from the invalid or, unenforceable
provisions shall, nevertheless, continue in full force and effect.
12.7 No Waiver. Any waiver by City of any term or provision of this Agreement must
be iii writing. No waiver shall be implied from any delay or failure by City to take action on
any breach or default hereunder or to pursue any remedy allowed under this Agreement or
applicable law. No failure or delay by City at any time to require strict perforinance by
Covenantor of any provision of this Agreement or to exercise any election contained herein or
any right, power or remedy hereunder shall be constued as a waiver of any other provision or
any succeeding breach of the same or any other provision hereof or a relinquishment for the
future of such election.
12.8 Recordation; Ai'nendi'nents. City, at Covenantor's expense, sliall cause this
Agreement to be recorded in the Official Records of Santa Clara County, California ("Official
Records") promptly following execution hereof. This Agreement may be amended in whole or
in part only by mutual written agreement. Any such amendment sliall be recorded in the Official
Records.
12.9 Relationship of Parties. Neither Covenantor nor any of its contractors, employees
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or agents sliall be deemed to be agents of City in connection witli tlie perfori'nance of
Covenantor's obligations under this Agreement. Nothing in this Agreement is intended to or
shall establish the Paities as partners, co-venturers, or principal and agent with one another. City
neither undertakes nor assumes any responsibility or duty to Covenaiitor (except as expressly
provided in this Agreement) or to any third party with respect to the Facilities.
12.10 Headings; Conshuction; Statutotay References. The headings of the sections and
paragraphs of this Agreement are for convenience only and shall not be used to interpret this
Agreement. Tliis Agreemem is the product of negotiation between the Parties. The language of
this Agreement sliall be constnied as a whole according to its fair meaning and not strictly for or
against any Paity. Any rule of constniction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in interpreting this Agreement. All references iii this
Agreement to paiticular statutes, regulations, ordinances or resolutions of the United States, tlie
State of California, or tlie City of Cupertino shall be deemed to include tlie same statute,
regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such
otlier provisions as may thereafter govern the same subject. The recitals above and exhibits
attaclied hereto are a substantive part of tliis Agreement and are hereby incorporated lierein.
12.11 Peimits and Licenses; Compliance with Law. Covenantor, at its expense, shall
comply with all applicable legal requireinents, including all federal, state, and local laws and
regulations (including City ordinances, regulations and resolutions, and requirements of other
agencies with jurisdiction), wliether or not said laws or regulations are expressly stated in tliis
Agreement, and obtain and maiutain all necessaiy peimits and licenses required in order to own,
operate and maintain the Facilities.
12.12 Liens. Covenantor shall pay, when due, all persons furiiishing labor or materials in
connection with any work to be performed by or on behalf of Covenantor related to the Facilities,
and shall keep City's interests in the Stormwater Facilities Area free and clear of any related
meclianics' liens.
12.13 Joint and Several Liability. If Covenantor consists of more tlian one person or
entity, the obligations of such persons and entities shall be joint and several.
12.14 Counterparts. T1iisAgreementmaybeexecutedinoneormorecounterparts,each
of which sl'iall be deemed to be an original, and all of which taken togetlier shall constihite one and
the same instrument.
SIGNATURESON FOLLOWING PAGE(S)
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
COVENANTOR:
IAC at Cupeitino LLC, a Delaware limited liability
company
BY:
Name:
Title: l
(Notazy acknow gmetzt to be attached)
(gaJJ
(Notazy acknowledgment to be attached)
CITY:
CITY OF C{JPER O, a municipal corporation
(Notaty aciazowledgment to be attached)
ATTEST:
APP TO
7ffoneli'eDy
-8-
CALIFORNIA ACKNOWLEDGMENT CML CODE j1189
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A notary public or other officer completing this certificate verifies only the identity oftheindividual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
StateofCalifornia l
Drite ' Here Insert Name and Title oTthe Officer
Name(s) of Sidner(s)
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 instrument the person(sl or the entity
upon behalf of which the person(s) acted, executed the instrument.
iJ 6rangeCounty Commission # 2428867
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Place Notary Seal and/or Stamp Above
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.
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Title or Type of Document:
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Signer's Name: ../='
€ Corporate Officer - Title(9/a"'-
€ Partner - [] Limited p/General
€ Individual ,/ € Attorney in Fact
g Trustee / a Guardian or Conservator
Representing:
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€ Corporate Officer - Title(s):
[] Partner - [1 Limited [1 General
€ Individual € Attorney in Fact
a Trustee a Guardian or Conservator
€ Other:
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(c20l9 National Notary Association
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A notary public or other officer completing this certificate verifies onlythe identity oftheindividual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California l
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
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 instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
CHElSI REED
Place Notary Seal and/or Str:imp Above
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.
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fraudulent reattachment of this form to an unintended ent.
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€ Partner - € Limi € General
a Individua
[1 Trustee
€ Other:
s Representing:
a Attorney in Fact
a Guardian or Conservator
Number of Pages:
Signer's Name:
€ Corporate Officer - Title(s):
€ Partner - € Limited € General
a Individual € Attorney in Fact
a Trustee [] Guardian or Conservator
€ Other:
Signer is Representing:
(f;)2019 National Notary Association
Exhibit A
PROPERTY
EXHIBIT 'A'
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL A:
PARCEL TWO AS SHOWN ON EXHIBIT "A" AND MORE PARTICULARLY DESCRIBED
ON EXHIBIT "C" AS SHOWN ON LOT LINE ADJUSTMENT GRANT DEED AS
EVIDENCED BY DOCUMENT RECORDED NOVEMBER 4, 2014 AS INSTRUMENT NO.
22760859 0F OFFICIAI, RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
ALL THAT CERT AIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF
ADJUSTED PARCEL l AS DESCRIBED IN THAT CERTAIN DOCUMENT ENTITLED
"LOT LINE AJ)JUSTMENT FOR SOBRATO INTEREST III" RECORDED AUGUST 04,
1997 AS DOCUMENT N0. 13799372, AND A PORTION OF PARCEL 2 AS SHOWN ON
THAT CERTAIN PARCEL MAP FILED FOR RECORD ON SEPTEMBER 07, 1973 IN
BOOK 329 0F MAPS AT PAGE 49 AND A CERTIFICATE OF CORRECTION THEREOF
RECORDED AUGUST 14, 1975 0N BOOK B561, PAGE 100, OFFICT AL RECORDS OF
SANTA CLARA COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2;
THENCE AI,ONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 40o53'40" WEST,
181.00 FEET;
THENCE LEAVING SAID EASTERLY uNE, THE FOLLOWING TWO (2) COURSES AND
DIST ANCES:
1.SOUTH 49o06'20" EAST, 107.50 FEET;
2.SOUTH 40o53'40" WEST, 99.00 FEET TO A POINT ON THE EASTERLY LINE OF
SAID PARCEL 2;
THENCE ALONG THE EASTERLY, SOUTHERI,Y AND WESTERLY LINES OF SAID
PARCEL 2, THE FOLLOWING TEN (10) COURSES AND DISTANCES:
1.SOUTH 49o06'20" EAST, 79.75 FEET;
2.SOUTH 40o53'40" WEST, 312.83 FEET;
3.NORTH 49o06'20" WEST, 46.01 FEET;
4.SOUTH 40o53'40" WEST, 203.00 FEET;
5.NORTH 20o08'05" WEST, 88.23 FEET;
6. AJ,ONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 600.03
FEET AND TO WHICH POINT A RADIAL LINE BEARS SOUTH 69o57'29" WEST,
THROUGH A CENTRAL ANGLE OF 22o59'32" FOR AN ARC DISTANCE OF 240.79 FEET;
7.NORTH 43o02'26" WEST, 234.48 FEET;
8. ALONG A NON-T ANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
147.01 FEET AND TO WHICH POINT A RADIAL LINE BEARS NORTH 46o57'36" EAST,
THROUGH A CENTRAL ANGLE OF 27o51'47" FOR AN ARC DISTANCE OF 71.49 FEET;
9.NORTH 14o56'35" WEST, 119.09 FEET;
10. NORTH 00o35'45" EAST, 100.00 FEET TO THE SOUTHERLY CORNER OF THAT
LAND DEDICATED AND CONVEYED TO THE CITY OF CUPERTINO IIST THAT
CERT AIN DOCUMENT ENTITLED "RESOLUTION N0. 3903" RECORDED MAY 07, 1975
IN BOOK B397, PAGE 613, OFFICIAL RECORDS OF SANTA CLARA COUNTY;
THENCE AI,ONG THE EASTERLY LINE OF SAID LAND, THE FOLLOWING FO{JR (4)
COURSES AND DISTANCES:
1. ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 100.00
FEET, THROUGH A CENTRAL ANGLE OF 15o00'00" FOR AN ARC DISTANCE OF 26.18
FEET;
2.NORTH 15o35'45" EAST, 16.17 FEET;
3. ALONGATANGENTCURVETOTHELEFTHAVINGARADIUSOFlOO.OO
FEET, THROUGH A CENTRAL ANGLE OF 15o00'00" FOR AN ARC DISTANCE OF 26. 18
FEET;
4. NORTH 00o35'45" EAST, 154.98 FEET TO A POINT ON THE SOUTHERLY LINE
OF PARCEL 1 0F SAID PARCEL MAP; THENCE, ALONG THE SOUTHERLY AND
EASTERLY LINES OF SAID PARCEL 1, THE FOLLOWING TWO (2) COURSES AND
DISTANCES:
1.SOUTH 89o24'l5" EAST, 161.00 FEET;
2. NORTHOOo35'45"EAST,158.86FEETTOMOSTNORTHERLYCORNEROFSAID
PARCEL 2;
THENCE ALONG THE NORTHERLY LINE OF SAJID PARCEL 2, THE FOLLOWING TWO
(2) COURSES AND DISTANCES:
1 . ALONG A NON-T ANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
554.00 FEET AND TO W'HICH POINT A RADIAL LINE BEARS SOUTH 08o23'24" WEST,
THROUGH A CENTRAL ANGLE OF 32o30'21 " FOR AN ARC DISTANCE OF 314.30 FEET;
2.SOUTH 49o06'20" EAST, 444.54 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF GRANTED AND CONVEYED TO
THE CITY OF CUPERTINO, A CALIFORNIA MUNICIPAL CORPORATION, LYING
WITHIN AREA l AND 2 AS SHOWN ON EXHIBIT "B" AND MORE PARTICULARLY
DESCRIBED ON EXHIBIT "A" OF THAT CERTAIN GRANT DEED RECORDED
NOVEMBER 4, 2014 AS INSTRUMENT NO. 22760862 0F OFFIC.LAL RECORDS.
ALSO EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES AND
ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN
OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATmG THEREFOR AND STORING IN AND
REMOVING THE SAME FROM THE LAND OR ANY OTHER PROPERTY, INCLUDING
THE RIGHT TO WHIPSTOCK OR DIRECTIONAT,LY DRILL AND MINE FROM
PROPERTIES OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE
LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED
WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE
EXTERIORLIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT,
HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
LAND AS RESERVED IN THE DOCUMENT RECORDED MARCH 27, 2013, AS
INSTRUMENT NO. 22148706 0F OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT TO CONSTRUCT, MAINTAIN, AND USE A ROADWAY FOR VEHICLE
AND PEDESTRIAN ACCESS AND FOR UNDERGROUND UTILITIES AND
LANDSCAPING WITH APPURTENANCES THERETO, IN, OVER, ALONG AND ACROSS
THE FOLLOWING DESCRIBED PARCEL OF LAND:
PARCEL 6 AS SHOWN UPON THAT CERTAIN PARCEL MAJ' FILED FOR RECORD IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA ON SBPTEMBER 7, 1973 IN BOOK 329 0F M APS, PAGE 49 AND A
CERTIFICATE OF CORRECTION THEREOF RECORDED ON AUGUST 14, 1975 IN
BOOK B561, PAGE 100, OFFICIAL RECORDS.
PARCEL C:
A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND
EGRESS AS GRANTED IN AN INSTRUMENT RF,CORDED IN BOOK F884, PAGE 241,
OFFICIAL RECORDS AND AS AMENDED BY AN INSTRUMENT RECORDED IN BOOK
G554, PAGE 683, OFFICIAL RECORDS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF PARCEL 7 AS SHOWN
UPON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 329 0F MAa'S, AT PAGE
49, SANTA CLARA COUNTY RECORDS; THENCE FROM POINT OF BEGG
SOUTHEASTERLY ALONG A CtJRVE IN THE SOUTHERLY LINE OF PRUNERIDGE
AVENUE, CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID
CURVE BEARS NORTH 33o 36' 38" EAST WITH A RADIUS OF 646 FEET,
THROUGH A CENTRAL ANGLE OF 3o 19' 44" FOR AN ARC DISTANCE OF 37.53 FEET
TO A POINT OF CUSP; THENCE FROM SAID POINT OF CUSP WESTERLY AND
SOUTHWESTERLY AI,ONG A CURVE CONCAVE TO THE SOUTHEAST FROM WHICH
THE CENTER OF SAID CURVE BEARS SOUTH 16o 20' 23" EAST, WITH A RADIUS OF
38.00 FEET, THROUGH A CENTRAL ANGLE OF 43o39' 09", FOR AN ARC DISTANCE OF
28.95 FEET; THENCE SOUTH 30o 00' 28" WEST 493.90 FEET; THENCE NORTH 57o 22'
02" WEST 15.01 FEET; THENCE SOUTH 30o 00' 28" WEST 422.64 FEET; THENCE
NORTH 52o 40' 1 l" WEST 12.10 FEET TO THE NORTHWESTERLY LINE OF SAID
PARCEL 7; THENCE NORTH 30o 00' 28" EAST ALONG SAID LINE 941.87 FEET TO THE
POIINT OF BEGINNING.
PARCEL D:
A NON-EXCLUSIVE EASEMENT FOR EMERGENCY ACCESS AS GRANTED IN THAT
CERTAIN FIRST AMENDMENT TO EASEMENT AGREEMENT REGARDING PARKING
AND ACCESS RECORDED JULY 30, 2010 AS INSTRUMENT N0. 20797627, AND AS
AMENDED BY THAT CERTAIN SECOND AMENDMENT TO EASEMENT AGREEMENT
REGARDING PARKING AND ACCESS RECORDED SEPTEMBER 1, 2011 AS
INSTR{JMENT N0. 21298963, AND AS FURTHER AMENDED BY THAT CERT AIN
THIRD AMENDMENT TO EASEMENT AGREEMENT REGARDING PARIaNG AND
ACCESS RECORDED NOVEMBER 4, 2014 AS INSTRUMENT N0. 22760863, ALL OF
OFFICIAI, RECORDS.
APN: 316-06-058 & 316-06-059
Exhibit B
STORMWATER FACILITIES AREA
APPROX. LIMITS OF DEPRESSED
0 50 100
Feet
BIOmEATMENT BASIN
li li
EXHIBIT B - STORMWATER FACILITIES AREA
THE HAMPTONS APARTMENT HOMES
19500 PRUNERIDGE AVENUE, CUPERTINO, CA
SANTA CLARA COUNTY
Exl'iibit C
FORM OF MAINTENANCE INSPECTION REPORT
EXHIBIT C The Hamptons SWMP
Stormwater Treatment Measure Operation and Maintenance
Inspection Report
This report and attaclied Inspection and Maintenance Checklists document tlie inspection
and maintenaiice conducted for the identified storinwater treatment measure(s) subject to
the Maintenance Agreement between the City and tlie property owner during tlie annual
reporting period indicated below.
1. Property Information:
PropertyAddress orAPN: 19500 PruneridgeAvenue, Cupertino, CA
Property Owner: IAC at Cupertino LLC
If. Contact Information:
Name of person to contact regarding this report:
Address to which correspondence regarding this report should be directed:
131 Theory, Irvine, CA 92617
Ill.Reporting Period:
This report, with tlie attaclied completed inspection checklists, documents tlie inspections
and maintenance of the identified treatment measures during the time period from
to
IV.Stormwater Treatment Measure Information:
The followiiig stormwater treatment measures (identified treatment measures) are located
an the property identified above and are subject to the Maintenance Agreement:
Identifying
Number of
Treatinent
Measure
Type of Treatment Measure Location of Treatment Measure on the
Propeity
The Hamptons SWMP
V, Summary of Inspections and Maintenance:
Summarize the following infoimation using the attached Inspection and Maintenance
Checklists:
Identifyiiig
Number of
Treatment
Measure
Date of
Inspection
Operation and Maintenance Activities
Performed and Date(s) Conducted
Additional Comments
Vl.Sediment Removal:
Total amount of accumulated sediment removed from the stormwater treatirient
measure(s) during the reporting period: cubic yards.
How was sediment disposed?
€ landfill
€ otlier location on-site as described in and allowed by the maintenance plan
€ other, explaii'i
The Hamptons SWMP
Vll. Inspector Information:
The inspections documented in the attached Inspection and Maintenance Checklists were
conducted by the following inspector(s):
Inspector Name and Title Inspector's Employer and Address
Vlll. Certification:
I hereby certify, under penalty of perjury, that tlie infornnation presented in this report and
attachments is true and complete:
Sigiiat-11re of Property Owner or Otlier Responsible Party Date
Type or PmtName
Company Name
Address
Phone nuinber:Email:
Bioretention Area Maintenance Plan for
The Hamptons
ProjectAddress and Cross Streets: 19500 PruneridgeAvenue, Cu'pertino, CA
Property Owner: IAC at Cupertino LLC
Designated Contact:
MailingAddress: 131 Theory, Irvine, CA92617
The property contains 1 bioretention area as shown on the Grading and Drainage Plan,
Routine Maintenance Activities
The principal maintenance objective is to prevent sediment buildup and clogging, which
reduces pollutant removal efficiency and may lead to bioretention area failure. Routine
maintenance activities, and the frequency at which they will be conducted, are shown in
Table 1.
Table 1
Routine Maintenance Activities for Bioretention Areas
No.Maintenance Task Frequency of Task
1 Remove obstructions, weeds, debris and trash from
bioretention area and its inlets and outlets; and dispose of
properly.
Quarterly, or as needed after storm
events
2 Inspect bioretention area for standing water. If standing
water does not drain within 2-3 days, till and replace the
surface biotreatment soil with the approved soil mix and
replant.
Quarterly, or as needed after storm
events
3 Check underdrains for clogging. Use the cleanout riser to
clean any clogged underdrains.
Quarterly, or as needed after storm
events
4 Maintain the irrigation system and ensure that plants are
receiving the correct amount of water (if applicable).
Quarterly
5 Ensure that the vegetation is healthy and dense enough to
provide filtering and protect soils from erosion. Prune and
weed the bioretention area. Remove and/or replace any
dead plants.
Annually, before the wet season
begins
6 Use compost and other natural soil amendments and
fertilizers instead of synthetic fertilizers, especially if the
system uses an underdrain.
Annually, before the wet season
begins
7 Check that mulch is at appropriate depth (2 - 3 inches per
soil specifications) and replenish as necessary before wet
season begins. It is recommended that 2" - 3" of arbor
mulch be reapplied every year.
Annually, before the wet season
begins
8 Inspect the energy dissipation at the inlet to ensure it is
functioning adequately, and that there is no scour of the
surface mulch. Remove accumulated sediment.
Annually, before the wet season
begins
Bioretention Area Maintenance Plan Date of Inspection:
Property Address: 19500 Pruneridge Avenue, Cupertino, CA Treatment Measure No.:
9 Inspect overflow pipe to ensure that it can safely convey
excess flows to a storm drain. Repair or replace damaged
piping.
Annually, before the wet season
begins
10 Replace biotreatment soil and mulch, if needed. Check for
standing water, structural failure and clogged overflows.
Remove trash and debris. Replace dead plants.
Annually at the end of the rainy
season, and/or affer large storm
events
Il lnspect bioretention area using the attached inspection
checklist.
Annually, before the wet season
I.Use of Pesticides
Do not use pesticides or other chemical applications to treat diseased plants, control weeds or
removed unwanted growth. Employ non-chemical controls (biological, physical and cultural
controls) to treat a pest problem. Prune plants properly and at the appropriate time of year.
Provide adequate irrigation for landscape plants. Do not over water.
II.Vector Control
Standing water shall not remain in the treatment measures for more than five days, to prevent
mosquito generation. Should any mosquito issues arise, contact the Santa Clara Valley Vector
Control District (District). Mosquito larvicides shall be applied only when absolutely necessary, as
indicated by the District, and then only by a licensed professional or contractor. Contact information
for the District is provided below.
Santa Clara Valley Vector Control District
1580 Berger Dr.
San Jose, California 95112
Phone: (408) 918-4770/(800) 675-1155 - Fax: (408) 298-6356
www.sccgov.org/portal/site/vector
Ill. Inspections
The attached Bioretention Area Inspection and Maintenance Checklist shall be used to
conduct inspections monthly (or as needed), identify needed maintenance, and record
maintenance that is conducted.
Bioretention Area
Inspection and Maintenance Checklist
Property Address: 19500 Pruneridge Avenue, Cupertino, CA Property Owner: IAC at Cupertino LLC
Treatment Measure No.:Date of Inspection:Type of Inspection: Quarterly Pre-Wet Season
After heavy runoff End of Wet Season Inspector(s):
Other:
Defect Conditions When Maintenance Is
Needed
Maintenance
Needed?
(Y/N)
Comments (Describe maintenance
completed and if needed
maintenance was not conducted,
note when it will be done)
Results Expected When Maintenance Is
Performed
1. Standing
Water
Water stands in the bioretention area
between storms and does not drain
within 2-3 days after rainfall.
There should be no areas of standing water once
storm event has ceased. Any of the following
may apply: sediment or trash blockages
removed, improved grade from head to foot of
bioretention area, or added underdrains.
2. Trash and
Debris
Accumulation
Trash and debris accumulated in the
bioretention area, inlet, or outlet.
Trash and debris removed from bioretention area
and disposed of properly.
3. Sediment Evidence of sedimentation in
bioretention area.
Material removed so that there is no clogging or
blockage. Material is disposed of properly.
4. Erosion Channels have formed around inlets,
there are areas of bare soil, and/or
other evidence of erosion.
Obstructions and sediment removed so that
water flows freely and disperses over a wide
area. Obstructions and sediment are disposed of
properly.
5. Vegetation Vegetation is dead, diseased and/or
overgrown.
Vegetation is healthy and attractive in
appearance.
6. Mulch Mulch is missing or patchy in
appearance. Areas of bare earth are
exposed, or mulch layer is less than 2
inches in depth.
Ail bare earth is covered, except mulch is kept 6
inches away from trunks of trees and shrubs.
Mulch is even in appearance, at a depth of 2 - 3
inches.
7.
Miscellaneous
Any condition not covered above that
needs attention in order for the
bioretention area to function as
designed.
Meets the design specifications.
CERTIFICATE OF ASSISTANT SECRET ARY
OF
IAC AT CUPERTINO LLC
I, Shawn D. Monterastelli, do hereby certify and state:
1.ThatIam and at all times herein mentioned have been tlie duly elected and acting
AsSiStant Secretary of IAC at Cupertino LLC, a Delaware limited liability company (the
"Company"), and as such I am authorized to execute this certificate;
2.That the persons listed below are and at all times herein mentioned have been
duly appointed officers of the Company acting in the office set out opposite their name:
Martin Young Vice President, Project Management
3.That such officers together are duly authorized to execute the City of
Cupertino Tree Removal Application, and all other related documents, on behalf of the
Company.
IN WITNESS WHEREOF, I have hereunto set my hand as of June 14, 2022.
Shawn D. Monterastelli
Assistant Secretary
76672 1
DocuSign Envelope 10: 8563C9CO-E7FB-4E42-9F5B-50A6BADOO5D5
CERTIFICATE OF ASSIST ANT SECRET ARY
OF
IAC AT CUPERTINO LLC
T, Shawn D. Monterastelli, do liereby certify and state:
1.That I am and at all times herein mentioned have been the duly elected and acting
Assistant Secretary of IAC at Cupertino LLC, a Delaware limited liability company (the
"Company"), and as such I am authorized to execute this certificate;
2.That tlie person listed below is and at all times herein mentioned has been a duly
appointed officer of the Company acting in the office set out opposite his name:
3.
Yann de Fabrique Vice President, Maintenance
That such officer is duly authorized to execute entitlement, permit and
maintenance agreements, and all other related documents, on belialf of tlie Con'ipany.
IN WiTNESS WHEREOF, I have hereunto set my hand as of January 30, 2024.
Shawn D. Monterastelli
Assistant Secretary
76671 1
#87340vl
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which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On Februa'Y 8- 2024 before me, K'Sken SquarC'a , Notary Public,
(Here inseit naine and title of the officer)
personally appeared Chad MOSle'l
who proved to me on the basis of satisfactory evidence to be the person(0 whose name% _is/are subscribed to
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I certify under PENALTY OF PERJ[_JRY under the laws of the State of Califoiia that the foregoing paragraph
is true and cotrect.
I z a * y z ah a ffi ffi ffi & f- . 4 xe KIRSTENSQuARCIA k
vviinESSmyhandandofficialseal. jsiiarypubiiccaiirornia !
b i % Santa Clara County ! Commission # 243 l 5!19
l'W"Ay Comm. Exolrts Oec 19, 2016 th h '
ffl (NotarySeal)
Signahire of Notary Public
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