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08-043 Gregg Bunker, Wildflower Estates~ 26965000 ~~~9 7 RECORDED AT THE REQUEST OF And WHEN RECORDED RETURN TO: CITY OF CIIPERTINO 10300 TORRE AVE. COPERTINO, CA 95014 ATTN: DAVID STILLMAN ) Illllllllll~lllllllllllllll~lllllr ~~o~, 33 s" 6a4 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Financial Title Company SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT (`'Agreement") is made and entered into this .2~ day of 20C~ by Wildflower Estate:;, LLC, a California Limited Liability Company an/d Gregg C. Bunker (hereinafter referred to collectively as "Owner"), and the City of Cupertino ("City"). RECIT~~L,S: This Agreement is made and entered into with reference to the following facts: A. The City is the successor-in-interest to the Owner of the real property and improvements that comprise the Wildflower Wav Condo and Ret~iil (iJ-2003-03) project that is located within the City of Cupertino, County of Santa Clara, State of California ("Project") as described in Exhibit "A". B. As set forth herein, the provisions of this Agreement are intended to and shall run with the Land and be binding upon all owners, successors and assigns of the Project, or any portion thereof. C. The purpose of this Agreement is to allocate the costs of maintenance, repair and replacement between Owner and the City and related improvements, including landscaping, that is situated on real property owned by City along Wildflower Way and De Anza Boulevard in front of the Project, and to establish certain criteria and procedures for the accomplishment of said maintenance, repair and replacement. NOW, THEREFORE the parties hereto agree as follows: 1. Covenants Running With the Land; Property Subject to Agreement: All of the real property described in Exhibit "A" shall be subject to this Agreement. It is intended and determined that the provisions of this Agreement shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the real property described in Exhibit "A" or any portion thereof and shall be for the benefit of each owner of any of said parcels or any portion of said property and shall inure to the benei it of and be binding upon each successor in interest of the owners thereof. Each and all of the limitations, easements, obligations, covenants, conditions, and restrictions contained herein shall l,~e deemed to be, and shall be construed as equitable servitudes, enforceable by any of the owners of any of the property subject to this Agreement against any other Owner, tenant or occupant of the said property, or any portion thereof. RDE # 004 5/09/2008 800 AM 1~IVEU PUBLIC WORKS DEPARTMENT JUN 0 9 2008 2. Responsibility for Cost of Repair, Replacement and Maintenance: the Owner shall, at its sole cost and expense, maintain, repair, replace, and keep in good condition all improvements and landscaping located on the portion of the City's property that abuts and fronts the Project along Wildflower Way and De Anza Boulevard to the curb line, excepting therefrom the sidewalk abutting the property line of the Project which shall remain the maintenance responsibility of the City. 3. Definitions of Repair, Replacement and Maintenance: The repair, replacement and maintenance to be undertaken and performed under this Agreement shall include all work necessary to maintain the project in a good, useable condition under all weather conditions. Said Project shall be maintained to the standards, specifications and condition to which, at a minimum, they were originally constructed as evidenced by plans and specifications on file with the City of Cupertino and/or provided to the Owners. 4. Decisions Regarding Performance of this ~~eement: All decisions regarding the need for maintenance, the implementation thereof, and ~~ny particular other matters of the Project shall be determined by the City. 5. Indemnity: Owner shall defend, indemnifi,~, and hold City harmless of and from any and all claims, liabilities, actions, causes of action, and damages for personal injury and property damage, including without limitation reasonable attorney's fees, arbitration fees or costs and court costs, arising out of or related to the use and landscape maintenance of the Project described in paragraph number two, except to the extent that such claims, liabilities, actions, causes of action, and damages arise out of or relate to City's employees, agents, representatives, contractors, vendors or consultants. 6. Maintenance District: The Owner agrees t:o join an open space maintenance district when such district is formed per the Conceptual Zoning :Plan for South Saratoga Sunnyvale Road Planning Area. Until such district is formed, the C-wner shall be responsible for maintaining the new parkway and landscaping improvements within the public right-of--way, in a manner acceptable to the City. 7. Attorney's Fees: In the event that any part' institutes legal action or arbitration against the other to interpret or enforce this Agreement, or to obtain damages for any alleged breach hereof, the prevailing party in such action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. 8. Further Documents: The parties covenant and agree that they shall execute such further documents and instructions as shall be necessary t~~ fully effectuate the terms and provisions of this Agreement. 9. Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein and ;supersedes all prior agreements, whether written or oral. There are no representations, agreements, arrangements or undertakings, oral or written, which are not fully expressed herein. 10. Severability: In the event any part or provision of this Agreement shall be determined to be invalid or unenforceable under the laws of the State of California, the remaining portions of this Agreement which can be separated from the invalid, unenforceable provisions shall, nevertheless, continue in full force and effect. 2 11. No Waiver: The waiver of any covenant contained herein shall not be deemed to be a continuing waiver of the same or any other covenant contained herein. 12. Amendment: This Agreement maybe ame~ided in whole or in part only by mutual written agreement. Any such amendment shall be recorded in Santa Clara County, California. In the event any conflict arises between the provisions of any such amendment and any of the provisions of any earlier document or documents, tree most recently duly executed and recorded amendment shall be controlling. Executed the day and year first above writtf:n. _ f By: ~, , ` Name: ~ :<,,, . ~. ;^ ~ '~._., Title: Member, Wildflower Estates. LLC. and Individually CITY OF CUPERTINO. B ~. ~ c~ c.~ ~u4 y~ ~il Name: Ralph A. Qualls, Jr. Title: Director of Public Works CALIFORNIA ALL-PURPOSE ACKNONNLEDGMENT ~F.!~~xne-~~,~~,ry~~r~~~~A,E=~+,F~2~9_ :~z~,RcK!~~!2c~i^.~vetcy`~..GYsCE~.f.`C`~.c''<'.F~-:cF~.£c'~i~'~`l~.c~E'.Cl~.c:!'.~`~~".~^.GK`.~^~.t>Y`.iGS State of California County OnU~~i'~/~ before me, Date personally appeared .. ~..r'~ ~ Gt'~Ai".I.,','- 1hf°"ul Iln~ ® NOTNRY PUBLIC-CALIt•ORNIA Y! SANTA CLARA COUNTY '• MY COtulM. EXP. JULY 14, 1010''' ~ ~~ ~~ .n Here Insert Name and Title of the Offic r who proved to me on the basis of satisfactory evidence to be tiie person(s) whose name(s) ~-are subscribed to the within instrument and acknowledged to me that ~slie/they executed the same in ~er/their authorized capacity(ies), and that by his/her/their signature(s) on the instrlament the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and an fficial eal. Signature Place Notary Seal Above Signature of Notary Public OPT/ON~4L 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- Dgcument Title or Type of Docum nt: /V~~,6/ Document Date: ~~6 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L~dividual U Corporate Officer -Title(s): ^ Partner - ~~ Limited ^ General _ CU Attorney in Fact • '• f~ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: Number of Pages: Signer's Name: 1.7 Individual lJ Corporate Officer -Title(s): L~I Partner - L 7 Limited U General I 1 Attorney in Fact [7 Trustee C-1 Guardian or Conservator l .I Other: Signer Is Representing '. Top of thumb here ©2007 Nafional 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 CALIFORNIA ALL-PURPOSE ACKN0INLEDGMENT State of California County of °7C~1~C~ On N1(/1 ~ ~L'Ll~ Date personally appeared before me,~r~ 1-~.~~ KAREN p.C~ co~~nrwon;r ~e~sia9 ~ Naan-.uwc - c EaMo Cldro Cgsdy NMCc1nn. E~sNov9, ~.. IG r C-'l -~"y~'l , ,L~~ ~r~ ~~~ L who proved to me on the basis of satisfactory evidence to be tre person(,a~ whose name(~is/ark subscribed to the within instrument and acknowledged to me that he/st-e/they executed the same in his/f~erftheir authorized capacity(iee~, and that by his/fae~ieir signature(s) on the instrument the person(, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of thl~ State of California that the foregoing paragraph is true end correct. WITfJESS my hand and official seal. ~~ ~~Lf.C~~l~ Sigrr~ture Place Notary Seal Above Signature of Notary Public OPT/ON~1 L 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 reattachrnent of this form to another document. Description of Attached Document Title or Type of Document: ~~~ 1 <(1~~{/~'at'1LQ JCt~{'~-~/'~~~~~)T Document Date: ~~ ' F i~L'~.J '~ Number of Pages: `l Signer(s) Other Than Named Above: h ~ ~~~~~ t--, ~~~ ~~~ Capacity(ies) Claimed by Signer(s) Signer's Name: ;signer's Name: ^ Individual ^ Individual ^ Corporate Officer -Title(s): C7 Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General _ _ . ^ Partner - ^ Limited ^ General _ ~ . ^ Attorney in Fact • ' ^ Attorney in Fact • - ^ Trustee Top of thumb here ~] TrUStee Top of thumb here ^ Guardian or Conservator C7 Guardian or Conservator ^ Other: C7 Other: Signer Is Representing: :signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6627 EXHIBIT "A" That certain real property in the City of Cuperti~io, County of Santa Clara, State of California, more particularly described as follows: All of Lots 1 and 2 as shown on that certain Mali entitled "Tract No. 963 S", which Map was filed for record in the office of the Recorder of the County of Santa Clara on June 12, 2006 in Book 802 of Maps, Pages S and 6. RECORDING REQUESTED BY ~~~I~~1~N!~'~VI'~'~~~I City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 REG [ NEa ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages 3 Fees.... ~ No Fees Taxes... Copies.. _ AMT PAID RDE # 014 1/08/2009 134 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 CERTIFICATE OF' COMPLETION AN]D NOTICE OF ACCEPTANCE OF COMPLETION GREGG C. BUNKER 1375 S. DE ANZA BOULEVARD APN 366••19-071 Original ~ For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANll NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, Cali_Fornia, do hereby certify that certain municipal improvements in conjunction with the following project: GREGG C. ]BUNKER 1375 S. DE ANZA BOULEVARD APN 366-19-071 have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the City Council on November 18, 2008. `7Z. ,~ C~C,C u Director of Public Works and City Engineer of the City of Cupe Date: November 20, 2008 "NO FEE" VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 5`" day of January 2009 at Cupertino, California. ~~~-~- ~~ti~ ___ Julia Kiris't City Clerk's Office City of Cupertino