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07-086, Housing Partners, LLCRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 I~IIIIV~I'VINIIINVIIn~II~IV Pages 3 Fees.... ~ No Fees Taxes... Copies.. AMT PAID RE.G 1 NA ALCOMENDRAS S~aNTA CLARA COUNTY RECORDER Recorded at the request of C ty RDE # 008 1/25/2008 152 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOY. CODE 6103 CERTIFICATE OIL COMPLETION AN:D NOTICE OF ACCEPTAT CE OF COMPLETION PALISADE BUILDERS METROPOLITAN AT CUPERTINO 19501-19507 STEVENS (REEK BOULEVARD APN(S) 326-20-087 AND 316-20-084 riginal O For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 CUPERTINO CERTIFICATE O F COMPLETION AND PUBLIC WORKS DEPARTMENT 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, California, do hereby certify that certain municipal improvements in conjunction with the following project: PALISADE BUILDERS METROPOLITAN AT CUPERTINO 19501-19507 STEVENS CREEK BOULEVARD APN(S) 326-20-08'1 AND 316-20-084 have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the City Council on January 8, 2008. ~~ Director of Public Works and City Engineer of the City of Cupertino Date: January 22, 2008 REC(JRDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 IWI'YI~1lVI~~IhI~iI~',~I~IV~~~ ~, Pages 7 No Fees REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Reccrded at the request of City RDE # 011 6/20/2007 2 37 PM NO FEE IN ACCORDANCE WITH GOV. CODE 6103 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MAINTENANCE AGREEMENT WITH CUPERTINO HOUSING PARTNERS, LLC 19507 STEVENS CREEK BOULEVARD APN #326-20-087 Original O For Fast Endorsement RECORDED AT THE REQUEST OF ) And ) WHEN RECORDED RETURN TO: ) SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 1st day of May, 2007, by THE METROPOLITAN AT CUPERTINO CONDOMINIUM OWNERS ASSOCIATION, a California non-profit mutual benefit corporation (hereinafter referred to as Association), and the City of Cupertino ("City"). RECITALS: This Agreement is made and entered into with reference to the following facts: A. The Association is the successor-in-interest to Cupertino Housing Partners LLC ("Declarant"), the developer of the real property and improvements that comprise the Metropolitan at Cupertino project that is located within the City of Cupertino, County of Santa Clara, State of California ("Project"). 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 to the Association of the improvements and 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 Land; Propert~iect to Agreement: All of the real property described as Parcel B 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 benefit 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 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. 2. 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 and landscaping located on the portion of the City's property that abuts and fronts the Project along Stevens Creek Boulevard (the "Maintenance Ageement Area"). 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 Maintenance Ageement Area in a good, useable condition under all weather conditions. Said Maintenance Ageement Area shall be maintained to the standards, specifications and condition to which, at a minimum, it was originally constructed as evidenced by plans and specifications on file with the City of Cupertino and/or provided to the Association by Declarant. 4. Decisions Re ag rdin~ Performance of this Agreement: All decisions regarding the need for maintenance, the implementation thereof, and any particular other matters of the Maintenance Ageement Area shall be determined by the Association. 5. Indemnity: The Association 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 reasonable attorney's fees, arbitration fees or costs and court costs, arising out of or related to the use and the Association's maintenance of the Maintenance Ageement Area described in paragraph number two and delineated on Exhibit "A", 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. 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 Project. The cost of the arbitration and reasonable travel cost shall be borne by the parties in such proportion as the arbitrator shall decide. 7. 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 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 to 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 2 this Agreement which can be separated from the invalid, unenforceable provisions shall, nevertheless, continue in full force and effect. 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. Recordation: It is anticipated that this Agreement shall be executed and acknowledged in proper recordable form and recorded in the Official Records of the County of Santa Clara, State of California.(the "Official Records"). 13. Amendment: This Agreement maybe amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in the Official Records. 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. Executed the day and year first above written. THE METROPOLITAN AT CUPERTINO CONDOMINIiJM OWNERS ASSOCIATION, a California non-profit mutual benefit corporation By: ~ _ Henry Bullock, President CITY OF CUPERTINO By: Name: Title: v CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of J ~Q x' ~yy~ ~ `~~ ~ ~J On ~ ~~ ~, , before me, n r1~ Tl • ~ll~/l.l `V~-~"' 'I S 1M/~~ (ti Date Namle nd Titlne~f'Office-r (e.g., "Jane Doe, Notary Pu is") personally appeared ~~~ ~~`~ ~`~'~" , Name(s) of Signer(s) personally known to me /WN R. OUN Conunlsslon #t l bs4181 -: Notay PuWlc - CaSfornla Santa Clara County MY Cornm. Explrea Apr 23, 201 ^ 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. WITNESS and and official seal. Place Notary Seal Above ~• t,.7 ~' - 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 reattachment of this form to another document. Description of Attached Document Title or Type of Document: t~ " 3 Document Date: ~ ~ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here ~~. © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 E~iibit A t- i' i,. ' ~~ ;( `t j i. .7 4 ~ 1 i _ _ __ _ __ __ i I e ~ ~' 2 ,' ~ I ~;C 1 F i ~ 1 I~ ~ i i3 I! r a i.. .... " ^ { YS - ~ ' ~ F ~ Y 1 ~ . I ' 14 I ~ ~ a. ~ .d I ~ 1 it y .:4 ~ _.I .~.~ i L {{ ,. _ d~f t J _ ~ ~ ..- ~~ ' ~ 1. I ~ b i ~ t ~'., ~_...~ I _ _ ~ '4 ... t.. ~ v:... I ~ `~ .~ ~' _. _. ~ _ . i 4 ,~ j'~ I i ~: 1 i .:~ I ~ ~ ~~~.f i i - ~ - ~ _ _ i ,~ _. = ~ ~ ,y ~ s ~~ .. II-~\~a~\o~ao4~W.o\am~~..mawa.~a\.xna.o~ro . oL~r_sao~ 4:as~tcm__~r 981 RIDDER PARK DRNE Subject LANDSCAPE MAINTENANCE <~ surrE ~ oo AGREEMENT AREA -CONDO SAN JOSE, CA 95131 Job No. 20036049 ^!4' 408-467-9100 gy DCB Date 5-1-07 Chkd.DCB ~~Isl~rl~u~ 408-467-9199 (FAX) SHEET 1 OF 1 VERIFICATION I have reviewed this Agreement and 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 5th day of June, 2007, at Cupertino, California. ,`' ~ ,~ ~ ~- Mary~e~"vine` ~- ~- ~'~ City Clerk's Office'` City of Cupertino