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12-126 Maintenance Agreement, 7375 Rollingdell Drive, APN 359-33-012 DOCUMENT: 21891240 Pages: 9 RECORDING REQUESTED BY: Fees. . . . No Fees T axes. . . City of Cupertino Copies. . _________ AMT PAID WHEN RECORDED, MAIL TO: RDE # 025 City Clerk's Office REGINA ALCOMENDRAS 10/08/2012 City of Cupertino SANTA CLARA COUNTY RECORDER 250 PM Recorded at the request of 10300 Torre Avenue County Agency Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 MAINTENANCE AGREEMENT 7375 Rollingdell Drive APN 359-33-012 0 Original CI For Fast Endorsement RECORDED AT THE REQUEST Of ) And ) WHEN RECORDED RETURN TO: ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT 7375 Rollingdell Drive APN 35'1 - 33- Qil THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 15th day of May, 2012 , by PPC SIENA LLC, a Delaware limited liability company ("Declarant"), and the City of Cupertino ("City"). RECITALS: The following recitals are a substantive portion of this Agreement: A. The real property and improvements that comprise Sienna Apartments is located at 7375 Rollingdell Drive, within the City of Cupertino ("City"), County of Santa Clara, State of California B. As set forth , 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. C. The purpose of this Agreement is to allocate the costs of maintenance, repair and replacement between Declarant and the City of certain improvements, including landscaping,that is situated on real property owned by City along 7375 Rollingdell Drive in front of the Project, and to establish certain criteria and procedures for the accomplishment of 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 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" Jr any portion and shall be for the benefit of each owner of any of the parcels or any portion of the property and shall inure to the benefit of and be binding upon each successor in interest of the owners. Each 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 property, or any portion. :L 2. Responsibility for Cost of Repair, Replacement and Maintenance: Declarant, or its successor in interest, shall,at its sole cost and expense,maintain, repair,replace,and keep in excellent, useable condition all improvements, concrete sidewalk, paver blocks, irrigation, and landscaping located on the portion of the City's property that abuts and fronts the Project("the Frontage Area of the Project")along 7375 Rollingdell Drive to back of curb line, excepting there from the standard public sidewalk abutting the property line of the Project which shall remain the maintenance responsibility of the City. 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 described in paragraph number two and delineated on Exhibit"B" in excellent, 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 Declarant. The improvements shall be maintained co a high standard that is comparable to other improvements at similar high quality developments in the City and along Steven Creek Boulevard.To accomplish the maintenance, Declarant shall either provide licensed, qualified personnel to perform the maintenance work or contract with licensed, qualified companies for this, and any other items necessary to comply with the requirements of this Agreement. 4. Decisions Regarding Performance of this Agreement: All decisions regarding the need for repair, replacement and maintenance of all improvements, concrete sidewalk, paver blocks, irrigation, and landscaping in the Frontage Area of the Project shall be determined by the City. 5. Indemnity: Declarant shall,to the fullest extent allowed by law, defend, indemnify, and hold harmless the City and its officers, officials, agents,employees and volunteers from and against any liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional,consequential or otherwise, arising out, pertaining to, or related to the landscape maintenance, repair and replacement performed by Declarant or Declarant's employees, officers, officials, agents or independent contractors of the Frontage Area of the Project described in paragraph number 2 and delineated on Exhibit`B."These costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other cost and fees of litigation.,This indemnity is limited to the extent that the claims, liabilities, actions, causes of action, and damages arise out of the sole negligence of City's employees, agents,representatives, contractors,vendors or consultants. 6. Insurance Requirements. Declarant shall not commence work under this Agreement until it has obtained all insurance required pursuant to this Section 6. Declarant shall maintain Worker's Compensation Insurance, and if applicable shall also require all subcontractors to provide Worker's Compensation Insurance. Declarant shall maintain Comprehensive General Liability in an amount of not less than $1,000,000.00. 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,the prevailing party in the action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. 3 8. Further Documents: The parties covenant and agree that they shall execute 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 unden:akings, 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. 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 recorded and shall be executed and acknowledged in proper recordable form. 13. Amendment: This Agreement may be amended in whole or in part only by mutual written agreement. Any 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. Executed the day and year first above written. DECLARANT: PPC SIENA LLC, a Delaware limited liability company By: PPC Siena Mezz LLC, a Delaware limited liability company, its sole member By: PPC Siena Venture LLC, a Delaware limited liability company, its sole member By: PPC Siena Manager LLC, a Delaware limited liability company, its managing member By: Pacific Pr e i, Com'tiny, a California corporatio , it•. g member By: . .' :119!■ Name: Title: Chic nano ..iU,doer By: �� Name: d h; • A/_ • Title: _ ry �k,�� (It acknowledgement attached) 3 NOTARY ACKNOWLEDGMENT State of California County of SANTA c...AR A. On 9/114/l2. , before me, ?KOq Le PWLu Notary Public, personally appeared AtzTNutz T. GoLC , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that he/slue/thy 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. 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. JUDY LEPULU Commission 0 1877666 ■0 I Notary Public-California Santa Clara;7_ ' (Seal) L\,,,1:1*,,,,_ M�CommExe�res ,2014 Signature , / — State of California County of SANTA CLARA On 9/t4 /12- , before me, 34D4 Le PUt—u Notary Public, personally appeared PH;Li P MIN►..eu F , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace 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() 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 hand and official seal. JUDY LEPULU u `Vie�- Commission 0 1877666 ` :.', ! Notary Public-California I Y/ Santa Clara County Signature (Seal) " ' M Comm.Ex urea Jan 22,2014 4 CITY OF CUPERTINO By: ���i■— Name: ���n r^^ <-C112---,s Title: c Ptk6 j C (.cicrL S Ag Qved as to Form Carol Korade, City Attorney 4 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 (. ( State of California hj County of 5etrA G1ola On Sep+. z 6 r 2012_ before me, K(;-..c 4ea `2e y ee S c.A.v c r'q , A✓°f a∎y P1i Ir c Date Here Insert/Tame and Title of the Officer >�> ( JJ personally appeared T'pan G+-, /3 c, r-dcr.1 Name(s)of Signer(s) ; t r yS who proved to me on the basis of satisfactory ; • evidence to be the person(4 whose name( Is re ; t subscribed to th within instrument and acknowledged A to me that he she/they executed the same in i his ier/their authorized capacity, and that by hi her/their signatur..( on the instrument the persorj$), or the entity upon behalf of which the y per:on,(sj acted, executed the instrument. • 1� . ,. KIRSTEN RENEE SOUARCIA I certify under PENALTY OF PERJURY under the 4_ ,,,., , Commission s 1906898 laws of the State of California that the foregoing t Notary Public-California �" paragraph is true and correct. �ri% Santa Clara County - �� M Comm.Ex res Oct 4,2014 WITNESS my hand and official seal. i ` i Signature �-e ---�-moo- hS Place Notary Seal Above Signature of Notary is 9� 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. A ( Description of Attached Document i Title or Type of Document: /i'hi^tvlq .Ir e A9cc-GMCh.7� 7725710//rijIc(/Oryici3-69-33-oIZ- C Document Date: /l"- (r, 2--°/1. Number of Pages: Signer(s) Other Than Named Above: /61/facc,e-T, f•% A../ N4r16o 4q/''v Capacity(ies) Claimed by Signer(s) C. Signer's Name: Signer's Name: V t ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): El Individual RIGHT THUMBPRINT I] Individual RIGHT THUMBPRINT ,.� OF SIGNER OF SIGNER ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact V ❑ Trustee ❑Trustee V • ❑ Guardian or Conservator El Guardian or Conservator V ❑ Other: ❑Other: ; k tSigner Is Representing: Signer Is Representing: Zs�� . o. .�.. #...A_. y-. .s^e i�l a�f6H14�fPEkcl6c!� DoE f4 6�0 - • +._• S'�fv� ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 September 13, 2012 Job No. A04237-2 Page 1 of 1 EXHIBIT "A" Legal Description Encroachment Permit Area All that real property situate in the City of Cupertino, County of Santa Clara, State of California and being a portion of Rollingdell Drive a sixty (60) foot wide public street formerly known as Cottle Avenue and being an eleven and one half(11.50) foot wide strip being more particularly described as follows: The northerly line of said strip also being the northerly line of said public street and also being the southerly line of Parcel "A", as shown on that certain Map entitled "Parcel Map", filed for record on January 17, 1977 in Book 387 of Maps at pages 17 &18, Santa Clara County Records; Said strip being perpendicular and parallel to the southerly line shown on said Parcel Map as North 89° 58' 00" West, 344.05 feet. Containing 3,957 ± square feet. As shown on Exhibit`B" attached hereto and by this reference made a part hereof. Description prepared by Kier&Wright Civil Engineers & Surveyors, Inc. k r Vigil,Date Jim R. g L.S. 56 E L\PROJECTS\A04237-2\DOCS\SURVEY DOCS\LEGAL DESCRIPTION\Encroachment Permit Area.doc ■ .:-.A., tii ___._________ _izi OW za Hp" ....r; .r,B � 7 � GREENLY ANNETTE WAY N7.,s lN 00°04'02"E 1)3 \E ---.... ) 216.42' o4,S 3 o WESTLYN• WAY R=65.00, s.-,* . W ii��pti� D-15.56,58.,L 18.09' 90 `I 4N i32 0 co 1.,4 ---r--1 1 .50' ENCROACHMENT PERMIT AREA LA 54 55 6 1 PARCEL A N 00°03'00"E 310.33' 4 M I r^ (387 M 17-18) o M_ 1 ' a 0 7375 ROLLINGDELL DRIVE W n u oo APN: 359-33-012 c J o L\ E 7,. co col g oz. Z - - 5 00°03'00"W 573.20' `^ a /,/ S 00°03'00"W I N N 82°5 00o W 160.00' W .....AND OF..;.u LANDS O : COURTYARD _ :. _D I_;AB::_€ . .. i Bi..1:-.30N APN: 359...33. 3 OH CORP APN: 3!:3...33...0::2 W SOUTH DE ANZA BOULEVARD LEGEND co LAND S��G PROPERTY LINE 1i l ADJACENT PROPERTY LINE --- * x. v CENTERLINE - — J�97, Na 6256 i ENCROACHMENT PERMIT AREA e Z/�? F OF C A\-\ o DATE SEPT., 2012 PLAT TO ACCOMPANY LEGAL DESCRIPTION SCALE FOR: PACIFIC URBAN RESIDENTIAL 1"=120' CUPERTINO CALIFORNIA DR. BY JRV KIIER & WRIGHT SOB A04237-2 EXHIBIT IIB11 CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard,Building 22 (408)727 6665 USER:c.nakas I: PROJECTS A04237-2 DBG SURyE PLAT C—PLAT—ENCROACHMENT—PERMIT.dw. SEPTEMBER 1,2012 9:8 AM Santa Clara,California 95054 fax(408)727 5641 1 1 OF 1