05-017, Civic Park Master Association
RECORDED AT THE REQUEST OF
And
WHEN RECORDED MAIL TO:
CTC Funding, LLC
20725 Valley Green Drive
Cupertino, CA 95014
MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this
It'hdayof MC\('c...l1--, 2005, by Civic Park Master Association, a California nonprofit
mutual benefit corporation (hereinafter referred to as the "Association"), and the City of
Cupertino.
RECITALS
This Agreement is made and entered into with reference to the following facts:
A. Association is the owner of all that real property and improvements located within the
City of Cupeliino ("City"), County of Santa Clara, State of California, consisting of Lot
A as described on that certain Map entitled "Tract No. 9535" filed for record in the
Office of the Recorder of Santa Clara County, California, on June 1,2004, in Book 770
of Maps, pages 28-34 ("Map"). Lot A constitutes and is defmed as the "Association
Common Area" in the "Civic Park Cupertino Declaration of Common Easements,
Covenants and Restrictions for a Mixed Use Community", recorded on June 1,2004,
Document No. 17822064, Santa Clara County Records ("Declaration"). The Declaration
applies to a mixed-used residential/condominium project called "Civic Park Cupertino"
(the "Project").
B. The purpose of this Agreement is to establish certain criteria and procedures for the
accomplishment of maintenance, repair and replacement of certain improvements,
consisting of landscaping, hardscaping and irrigation ("Improvements") located within
the public right of way contiguous to the Project, in the areas described in Exhibit "A"
attached hereto, hereinafter referred to as the "Landscape Maintenance Area.".
NOW, THEREFORE, the parties hereto agree as follows:
1. Responsibility for Cost of Repair, Replacement and Maintenance: The Association shall,
at its sole cost and expense, maintain, repair, replace, and keep in good condition all
Improvements, including but not limited to landscaping and hardscaping located in the
Landscape Maintenance Area.
2. 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 Landscape Maintenance Area in a good, useable condition
under all weather conditions, The Association shall maintain the Landscape Maintenance
Area 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.
3. Decisions Regarding Performance of This Agreement: All decisions regarding the need
for maintenance, the implementation thereof and any particular other matters of the
Landscape Maintenance Area shall be determined by the Association with input from the
City of Cupertino.
4. Indemnity: The Association shall defend, indemnify, and hold the 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 attorneys' fees,
arbitration fees or costs and court costs, arising out of or related to the use and
Association's maintenance of the Landscape Maintenance Area, except to the extent that
such claims, liabilities, actions, causes of action, and damages arise out of or relate to
City's negligence and/or intentional conduct or the negligence or intentional acts of any
of City's employees, agents, representatives, contractors, vendors, or consultants.
5. Arbitration: In the event that any dispute or controversy arises between the Association
and City with respect to this Agreement, the same shall, at the election of any party, be
submitted to arbitration to and in accordance with the rules of the American Arbitration
Association and shall be conducted at its office nearest to the Proj ect. The cost of the
arbitration and reasonable travel cost hall be borne by the parties in such proportion as
the arbitrator shall decide.
6. Attorney's Fees: In the event that any 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 other recoverable casts,
expenses and damages.
7. Further 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 brain.
9. Severability: In the event any part or provision ofthis Agreement shall be determined to
be invalid or unenforceable under the laws of the State of California, the portions of this
Agreement which can be separated from the invalid, unenforceable provisions shall,
nevertheless, continue in full force and affect.
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. 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 documents, the most recently duly executed and
recorded amendment shall be controlling.
On .J'e/1ruaYJ I ~I , 2005, before me, Robin Pitman, personally appeared
Derek K. Hunter, Jr. d Edward D. Storm, personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the persons, or
the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature
.............. .'-'&&~r I..~ _~~.c
ROBIN PITMAN "1-
Comm.' 1385184 ~
. NOTARY PUBLIC. CAllfORHlA VI
Sanla CIIl'! COlllly ..
My COIIIlIl. Expires Nov. 18.2006
Notary Public
(SEAL)
State of California
County of Santa Clara
On Mti\r^cll -, ,2005, before me, \(oretlA. tJerncvc1personally
appeared 1):\0' 10 tV . ~napp , personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that~she executed the same in
@her authorized capacity, and that by@her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~~ - -~~~~-A ~~
KAREN A BERNARD
. Commission # 1329267 '
- z
1 .. ' Notary Public - California ~
z _
J ~ Santa Clara County .1
~.,~~.~~:9,;,2~-1
Signature c:/X07en () 814na/zd
Notary Public
(SEAL)
August 3, 2004
Job No. A00088-7
Page 1 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
For Maintenance Agreement
All that certain real property lying within the City of Cupertino, County of Santa Clara,
State of California and being a portion of Torre Avenue as shown on the certain map of
Tract No. 9535 filed for record on June 1,2004 in Book 770 of Maps at pages 28 thru 34,
Official Records and being more particularly described as follows:
AREA 1
Beginning at a point on the westerly line of Torre Avenue at the northeast comer of Lot 6
as both are shown on said map;
Thence along said westerly line of Torre Avenue North 00056'43" East, 304.99 feet;
Thence northwesterly, along the arc of a curve to the left having a radius of 20.00 feet,
through a central angle of 89059'44", an arc distance of31.41 feet;
Thence North 89003'01" West. 2.26 feet to a point hereinafter referred to as Point A;
Thence leaving said line, North 00053'04" East, 9.59 feet;
Thence South 89006'56" East, 10.24 feet;
Thence southeasterly, along a curve to the right having a radius of29.50 feet, through a
central angle of 90003'39", an arc distance of 46.3 7 feet;
Thence South 00056'43" West, 15.93 feet;
Thence South 40056'43" West, 27.02 feet;
Thence South 49003'17" East, 9.00 feet;
Thence South 40056'43" West, 10.73 feet:
Thence South 49003'17" East, 9.00 feet;
Thence South 40056'43" West, 10.73 feet:
F:\PROJECTS\A00088-7\LEGAL DESCRlPTIONS\MAINT ANCE ESMT.doc
August 3, 2004
Job No. A00088-7
Page 2 of5
Thence South 49003'17" East, 9.00 feet;
Thence South 40056'43" West, 10.73 feet;
Thence South 49003'17" East, 9.00 feet;
Thence South 40056'43" West, 10.73 feet;
Thence South 49003'17" East, 9.00 feet;
Thence South 40056'43 " West, 10.73 feet;
Thence South 49003'17" East, 9.00 feet;
Thence South 40056'43" West, 10.73 feet;
Thence South 49003'17" East, 9.00 feet;
Thence South 40056'43 " West, 10.73 feet;
Thence South 49003'17" East, 9.00 feet;
Thence South 40056'43" West, 10.73 feet;
Thence South 49003'17" East, 9.00 feet;
Thence South 40056'43" West, 10.73 feet;
Thence South 49003'17" East, 9.00 feet;
Thence South 40056'43" West, 10.73 feet;
Thence North 40056'43" East. 10.00 feet;
Thence North 40056'43" East, 13.73 feet;
Thence southeasterly, along a curve to the right having a radius of 0.50 feet, through a
central angle of 140000'00", an arc distance of 1 .22 feet;
Thence South 00056'43" West, 73.26 feet;
F:\PROJECTS\A00088-7\LEGAL DESCRIPTIONS\MAINT ANCE ESMT.doc
August 3,2004
Job No. A00088-7
Page 3 of5
Thence North 89003' 1 T' West, 7.49 feet;
Thence South 00056'43" West, 90.44 feet;
Thence South 89003' 17" East, 7.49 feet;
Thence South 00056'43" West, 48.90 feet;
Thence South 40056'59" West, 11.69 feet;
Thence South 89003' 1 T' West, 9.98 feet to a point on said westerly line of Torre Avenue;
Thence along said westerly line, North 00056'43" East, 89.34 feet to the POINT OF
BEGINNING
AREA 2
Beginning at the above mentioned Point "A",
Thence along the southerly line of Rodrigues Avenue, North 89003'01" West, 126.25 feet
to the POINT OF BEGINNING;
Thence continue westerly along said line, North 89003'01" West, a distance of 24.00 feet;
Thence leaving said line, North 00056'59" East, 9.53 feet;
Thence South 89003'13" East, 24.00 feet;
Thence South 00056'47" West, 9.53 feet to the POINT OF BEGINNING.
Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc.
Date
8/-:5/0 'f
I / .
LOT 1
(770 M 28-34)
POINT OF BEGINNING
AREA 1
LOT A - COMMON LOT & P.U.E.
(" (~70 M 28-34)
~ --
89.34' N 00'56'43" E 304.99'
. _____ MAINTENANCE AGREEMENT____
~ AREA 1 ------
r - - S 00'56"'43;oW- 90.44' - - - -, S 00'56'4.3" W
.1.8.90' fL3 L4~ _ 73.26' _ _
~
I
I
~
LOT 2
(770 M 28- 34)
LOT 6
(770 M 28-34)
S
N 00'56'4.3" E
~L2
~ 00.56'4.3~ W_
TORRE AVENUE
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01
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LINE TABLE:
LINE
L1
L2
L3
L4
BEARING DISTANCE
N 89'03'17" W 9.98'
S 40'56'59" W 11.69'
S 89'03'17" E 7.49'
N 89'03'17" W 7.49'
~~
~~
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: HUNTER PROPER~ES
DATE
SCALE
JULY, 2004
1"=30'
CUPERTINO
CALIFORNIA DR. BY CCB
'KIER & WRIGHT JOB A00088-7
W CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scoll Boulevard, ~lldlng LZ (40B)717-u65
Santa Clara, California 95054 FAX (408)727-5641 4 OF 5
I: \dwg\AO0088-1\SURVEY\PHASE 2\PLATS\MAINTENANCE AGREEMENTt.dwg AUGUST 03, 2004 9: 36
EXHIBIT "A"
USER:cbeoch
CURVE TABLE:
CURVE RADIUS DELTA LENGTH
C1 20.00' 89'59'44" 31.41 '
C2 0.50' 140'00'00" 1.22'
C3 29.50' 90'03'39" 46.37'
LOT A - COMMON LOT & P.U.E.
(770 M 28-34)
LOT 2
(770 M 28-.34)
r---~
"-..<s
~C2
S 00'56'43" W~
73.26'
LOT 1
(770 M 28-34)
DETAIL A
N.T.S.
UNE TABLE:
UNE BEARING
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
N 40'56' 43" E
S 49'03'17" E
S 40'56'43" W
S 49'03'17" E
S 40'56'43" W
S 00'56'43" W
S 89'06'56" E
N 00'53'04" E
N 89'03'01" W
S 00'56'47" W
S 89'03'13" E
N 00'56'59" E
N 89'03'01" W
DISTANCE
13.73'
10.00'
10.73'
9.00'
27.02'
15.93'
10.24'
9.59'
2.26'
9.53'
24.00'
9.53'
24.00'
LOT A - COMMON LOT & P.U.E.
__C_~O M 28~~4)
N 00'56'43" E 30.4.99'
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MAINTENANCE AGREEMENT
AREA 2 "-
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AREA 2
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DATE
SCALE
JULY, 2004
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: HUNTER PROPER~ES
CALIFORNIA DR. BY CCB
'KIER & WRIGHT JOB A00088-7
CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3J5O Scollllolllevard, ~\ldlng 22 (408)7~7-6065
Santo Clara, Callfornla 95054 FAX (408)7~7-5641 5 OF 5
I: \dwg\A00088-1\SURVEY\PHASE Z\PLATS\MAINTENANCE AGREEMENTt.dwg AUGUST 03, 2004 9: 36
CUPERTINO
EXHIBIT "A"
USER: cbeoch
1"=30'
12. Covenants Running With the Land: 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 Lot A of Tract 9535. 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 the City.
Executed the day and year first above written.
ASSOCIATION:
CIVIC PARK MASTER ASSOCIATION,
a California nonprofit mutual benefit co oration
By:
Its:
DECLARANT:
CTC FUNDING, LLC
A California limited liability company
By:
HIS CTC FUNDING, INC,
a California corporation
Manager
Its:
By:
.@-~ i g,_ r--
Dere K. unter, Jr. ~ ~?
preside~t ~
//4 __
~5 --
Edward D. Storm
Chairman of Board
By:
Its:
Its:
CITY OF CUPERTINO
~:e:~~~~-Y~f NAI"t1
.
Title: C--~
)
State of California
County of Santa Clara
Attest:
I/\a-...-ta-r ~
j
Approved