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04-113 Stevens Creek Office Center Associates, IncRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 IIIIII~~~IIIIIIINIIIIIIIII~IIIIII Pages 3 Fees.... - No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS S~aNTA CLARA COUNTY RECORDER REDcorded at the request of C ty `~ ~ , RDE # 004 5/31/2005 12 45 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GO v CODE 6103 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANC"E OF COMPLETION STEVENS CREEK OFFICE CENTER ASSOCIATES, LP 20807 STEVENS CREEK BOULEVARD APN 326-32-051 Original O For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANI) NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, F:alph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that certain municipal improvements in conjunction with the following project: STEVENS CREEK OFFICE CENTER ASSOCIATES, LP 20807 STEVENS CREEK BOULEVARD, APN 326-32-051 have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the City Council on M~~y 17, 2005. `~. C.~C.. u~u.- ~c s Director of Public Works and City Engineer of the City of Cupertino Date: May 17, 2005 Printed on Recycled Paper VERIFICATION I have reviewed this Certificate of Corripletion and Notice of Acceptance of Completion. To the best of my knowledge, tree 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 24th of May, 2005 at Cupertino, California. ~;~ ~.~~~ Administrative Clerk City of Cupertino a~-41~~ RECORDED AT THE REQUEST OF And WHEN RECORDED RETURN TO: h~IIINIIIf~NIIIIIIIV9111111~1 Pages 7 Fees.... ~ No Fees Taxes... Copies.. AMT PAID City of Cupertino BRENDA DAMS RDE # 011 10300 Torre Avenue SANTA CLARA COUNTY RECORDER 12/02/2e04 Cupertino, CA 95014 Recorded at the request of 11~5i AM City SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT' THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this~~ day of 6 r ~.. 20 ~~ ~ by Stevens Creek Office Center Associates, a California Limited Partnership, (hereinafter referred to as "Declarant"), and the City of Cupertino ("City"). RECITALS: This Agreement is made and entered into with reference to the following facts: A. Declarant is the developer and owner of the real property and improvements that comprise the Stevens Creek Retail project ("Projc;ct") that is located within the City of Cupertino, County of Santa Clara, State of California ("City"). B. As set forth herein, the provisions of this Agreement are intended to and shall run with the Project 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 Declarant and the City of ce;rtain improvements, including landscaping, that are situated on real property owned by City along Stevens Creek 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 Lands 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 ir.~terest in the real property described in Exhibit "A" or any portion thereof and shall be for the be~iefit of each owner of any of said parcels or any portion of said property and shall inure to the benefi± 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 be deemed to be, and shall be construed as equitable servitudes, enforceable by any of the ov~mers of any of the property subject to this ORIGINAL Agreement against any other Owner, tenant or occupant of the said property, or any portion thereof. 2. Responsibility for Cost of Repair, Replacement and Maintenance: Declarant 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 Stevens Creek Boulevard (the "Frontage Area of the Project"). Exhibit "B" shows the portion of the City's property for which Declarant is responsible for maintenance hereunder. 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 Frontage Area of the Project in a good, useable condition under all weather conditions. The Frontage Area of the 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 ]by Declarant. 4. Decisions Regarding Performance of this Agreement: All decisions regarding the need for maintenance, the implementation the-reof, and any particular other matters relating to the Frontage Area of the Project shall be determined by the Department of Public Works of the City. 5. Indemnity: Declarant shall defend, indemnify, 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 re<sonable attorney's fees, arbitration fees or costs and court costs, arising out of or related to the usf; and maintenance by Declarant of the Frontage Area of the Project described in paragraph numbe;r two and delineated on Exhibit "B", except to the extent that such claims, liabilities, actions, ca~zses of action, and damages arise out of or relate to City's employees, agents, representatives, contractors, vendors or consultants. 6. Attorney's Fees: In the event that either party 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 otl-er recoverable costs, expenses and damages. 7Further Documents: The parties covenant and agree that they shall execute such further documents and instructions as shall be necessary to fully effectuate the terms and provisions of this Agreement. 8. 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 here;in. 9. 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. This Agreement shall be construed according to its fair meaning. Any rule of law or legal decision that would require interpretation 2 of any ambiguities in this Agreement against the party that has drafted this Agreement or any provision hereof shall not be applicable. 10. 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. 11. Recordation: It is anticipated th<<t this Agreement shall be recorded and shall be executed and acknowledged in proper recordable form. 12. Amendment: This Agreement may be amended 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 ~iocuments, the most recently duly executed and recorded amendment shall be controlling. Executed the day and year first above written. '~STEVENS CREEK OFFICE CENTER .ASSOCIATES, ;3 California Limited Partnership By: --- :V e: '- "Ti e: ~ ~ .U~_~ ~~ CITY OF «•~s~ ]3y: ~, ]Name: 'Title: ~ 1 .2~. o~ 3 Order No. 0607003850 EXIiIB:[T "A" LEGAL DESCRIPTION The land referred to is situated in the S•~ate of California, County of Santa Clara, City of Cupertino, and is described as follows: Beginning at the Northeast property cornea of Lot 3, as shown on the aforementioned Parcel Map, said point also being the Southeast property corner of Lot 2, as shown on said Map; thence South 0° 00' 15" East 18'3.00 feet to Stevens Creek Boulevard; thence along the right-of-way line for Stevens Creek Boulevard South 89° 54' 03" East 210.88 feet; thence North 0° 05' 57" West 152.00 feet; thence North 89° 54' 03" East 122.84 feet; thence North 0° 05' 57" West 37.00 :Feet; thence North 89° 54' 03" East 57.50 feet to the Point of Beginning; and containing 0.677 acres more or less and as described in Resolution approving Lot Line Adjustment recorded November 15, 1983 in Book I065 page 685 Official Records. 326-32-051 13 003 SH/TR/AG A326-32-38.03 PEAbV€ E%lq• q1A TREE OF IIEAVEN i REPLACE WITH 71ACKBERRV REMOVE Ek 2q^ DIA PWE IN POOR COIIOITbN 6 REPLACE WI HACKSERRY SEASONAL - l+J r; W ~~ y W I REMC rtw EX g (~ EUROPEAN HACKSERRY) 11 ouro~iES°d'r~~~1 l" i RHAPHIOLEPIS O O Ol PRUCE MCWIAL JNAUC IiAMUEN` SAD-FWI$ry~CW1G'W/3'%3'i SCORRq (lE 7ERNSTROEAWt JAPANESE AMID.: PATTERN.6 WTEGRAL COLOR SMALL-SCALE ENTRY FERNS SARCOCOCCAdFLOWERWG- DRIVETREES PERENNULS) PROPOSED ENTRY TRELLIS ~ JNTAW (IE PR(A4US CEMSIFEM _ - (BY TFNANiI °AN~sE xMUTERVESTmus- PRDPOSEOPATb NEW ONE-STORY RETAIL B .S (iYPJ FLOWFAWG RUAI), PAVWG BY TENANT UILDING. PUNTER PocKEis w/ AFRK:AN wls, PROPOSED COURTYARD ENTRIES 6 PEDESTRIAN DAYLILY i FLOWERWG COLOR (TVP.1 , . WALKS W/ "CALSTONE' INTERLOCKING CONC. PAVERS LILY BLUE HIBISCUS. NEW FLOWERYKi VINES Q EK (CWRTYARO: DIAGONAL COB6LE PATTERN W/ TAN COLOR fIELO 6 iYk. TAWCHARCWI. BURST EDGE d DIAGONAL BANW4G WALKS 6 ENTRIES .GREY COBBLE FWNNWG BOND PATTERN WI BY TAN/CHARCOAL EGGING.) ARBOR COLUMNS (IE LILAC VWE OR LADY BAKKS O E SPECIMEN SIZE COURTYARD TREES' IKE RACK W/ ) S P MED.-SCALE ORNAMENTAL SHRUB' BUFF lE GWARF ABEL B (IE PYRUS CALLERYANA'ARISTOCRAT G PAVING -.- -ARISi0CRA7 FLOYVERRX3 PEAR ). 17f q' CAST-IRON ETYPJ 1RBISCUS) M~ TREE GRATE (TYP) .. ~ - _ TREE UPLIGI1iS BY TENANT ~ ( .• BIKE RACK W/ (TVPI DG PAVING ~~ Ld.AC ~, x OIJi000R .2~, - -- - __ f SEATWG AREA h~ W _-- _ ~r I~ Ez151 G LNIRY ~DOR ~.Y _ ~ +` I A ~ I 4 I ll lir ~ ` ~ Iz /, Y 1 't ~ i Sr; ~ I n4 ~~7 h ~~,'i. 4. ~ ,v.• .. I I i, F -i: [ ~ ~ FLGWERING PERENNIAL ACCENT ~'-~~ -'E' ^ GARDEN C:- CORNER ~ (l ll (IE ASTERFRIKARTII. GENTRANTHUS ERYSRAUM. 1 ~Ij i''I I"I ~I~I ,.~ __. LAVEIIGER. IRIS CATMINT, 6ALVIA. SCABIOSA. '~ ': i; •Iy II I ,SI / COREOPSIS.COSMOS. AI.STROEAIERIA. ETC) !/J ~ „~~!'~ 'Rl-TREE LIGNTI NG'Q~COJRTS'ARD lBY TENANTI: ~~~ tl o ~ w GOOD CAR`TII REDEVELOPMCNTf '° Ci~~~ ], YOLCKN~NN k ASSOCIAYES ;; HALLMARK 3]6(1 De V Cnz Blvd. Sally CNn, CA 95054 K ~•'~}~ """~ 20807 STEVENS CREEK NODLEYARD 3 Tcl 40R TT.4d22 fla 408.7?T 0144 ,.[, • • ~ , •~ ,,• •, . •. ~ ... ~ .I. ', . , ... . h •-~ ••• •••• •• • •..••• CUPERTINO CALIF 0 R N I A ~ _~ h _ PRELIMINARY LANDSCAPE MASTER PLAN DAYLAY PURPI.F FDUN IAIII UI:ASS LOW HEDGE BUFFER flE ESGALlONIA'GOMPAKTn'- DWARF ESGALl Uf11Al NEW PARKWAY PLANTER (IE DWARF ESCALI ONIA HEDGE 8 DWARF'HY)COTE'LAVEfIDEN) ~TE~ . 1 I, a,. ~u -- N ~~~+~ a /1(~ / I l \ ~~ LAIDERBAUGFi A 5 5 O C 1 A 7 E 5 ( _,. . y d EannsCa~e Aluule[KUwlarv,:q \ \ ~ l l // / 702 Porsi Olive Sulu 202 SumWak, CaEldnia 940897517 D 10 2p JO ~~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of SANTA CLARA On October 11, 2004 before me, Narma K. Uenaka, Notary Public Date Name and Ttle of Officer (e.g., "Jane Doe, Notary Public") personally appeared John Volckanr. , Name(jj) of Signer(s) L~]'personally known to me ^ proved to me on the basis of satisfactory evidence trORMA K. UENAKA~~ Commission #F 1426516 •N; Noia-Y Public - CaNfania Santa Ckaa County MyCanm. Expirs.kn27, 200 to be the person whose name~j is/aye-• subscribed to the within instrument and acknowledged to me that he/sbe/~ay executed the same in hisH~er/iheir authorized capacity(~es), and that by his/t~efFt~e+'r~ signature) on the instrument the person, or the entity upon behalf of which the personS,e'} acted, executed the instrument. WITNESS my hand and official seal. 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 reattachmer t of this form to another document. Description of Attached Document Title or Type of Document: MAINTENANCE AGREEMENT Document Date: October 11 ~ 2 0 0 4 Number of Pages: 3 Signer(s) Other Than Named Above: Representative, City of Cupertino Capacity(ies) Claimed by Signer Signer's Name: John Volckmann ^ Individual Top of thumb here ^ Corporate Officer - Titles I'~('artner - ^ Limited eneral ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: SignerlsRepresenting: StPVens Creek Office Center Assoc. © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-24[ 2 • www.nationalnotary.org Prod. No. 5907 Reorder: Cail Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDIGMENT State of California County of ~G~n~'Gi Clf;l~G ss. ~~ On f~l ~U. ~/ f ~~~~-~ before me, wl~~l ~~nq~~3 . ,"U ~G~~ ~Ub~ i Date Name and Tille of Officer (e.g., "Jane ,Notary Public") ~ ,,--ll V ~' personally appeared ~ l)1 ~ W • 4-n q •~•~ ~ Name( Si ner() r ~~ Q personally known to me r~~~~F ^ proved to me on the basis of satisfactory r" evidence ~sr < ` Aw .iw w w-r X11 ~/~ew:iSt~e~.sfiAu+~m fi r r.,, KAtZGN A BERidARD '~ Cnmrnrar,ion ~ 13292G7 ~-' i .,~ Notary ~'ublic - Califomia ~ ` ~ San4a Clara County d• ~ : h~ty C•r~lr,;~ E:~iress PJo4 9, ?(X?5 ~ /~: ~p;"i',Pac;~lxzve%~f'4Fi'b"r~"''i"o~[:Rj"'`sS~i" ,.x to be the persons} whose name(s~ is/a,rte•• subscribed to the within instrument and acknowledged to me that he/stae/t~iey executed the same in his{4~efHheir authorized capacity(ase}, and that by hisEkert4heir signature~c} on the instrument the person(.s~, or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. ~"-l • ~~~ 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 reattachmen, of this /orm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Number of Pages: Top of thumb here ©1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-240£ • www.nationalnotary.org Prod. No. 5907 Reorder: Catl Toll-Free 1-800-87fi-6827