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13-038 Maintenance Agreement, 20700-20840 Stevens Creek Boulevard, APN 359-08-005, 359-08-006. 359-08-013, 359-08-020, 359-08-021, 359-08-022 DOCUMENT: 22067849 Pages: 10 RECORDING REQUESTED BY: Fees. . . . No Fees Taxes. . . City of Cupertino Copies. . AMT PAID WHEN RECORDED, MAIL TO: REG I NA ALCOMENDRAS RDE # 024 SANTA CLARA COUNTY RECORDER 1/28/2013 City Clerk's Office Recorded at the request of 1 :35 PM City of Cupertino C i t y 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 MAINTENANCE AGREEMENT 20700-20840 Stevens Creek Boulevard APN 359-08-005; APN 359-08-006; APN 359-08-013; APN 359-08-020; APN 359-08-021; A.PN 359-08-022 Original CI For Fast Endorsement RECORDED AT THE REQUEST OF ;I And WHEN RECORDED RETURN TO: SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT 20700 -20840 Stevens Creek Blvd, Cupertino, CA 95014 APN 359-08-005; APN 359-08-006; APN 359-08-013; APN 359-08-020; APN 359-08-021; APN 359-08-022 THIS MAINTENANCE AGREEMENT("Agreement") is made and entered into this 84-4 day of i y .,20 131 by Byer Properties,L.P.,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. The real property and improvements that comprise Cupertino Crossroads Shopping Center("Project")is located at 20700-20840 Stevens Creek Boulevard within the City of Cupertino("City"),County of Santa Clara, State of California. 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 certain improvements,including landscaping,that is situated on real property owned by City along 20730 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; 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 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 1 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,or its successor in interest, shall,at its sole cost and expense,maintain,repair,replace,and keep in good condition all 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 20730 Stevens Creek Boulevard to back of curb line,excepting there from the City standard public sidewalk abutting the property line of the Project which shall remain the maintenance responsibility of the City and excepting therefrom public utilities. 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 a good,useable condition under all weather conditions. Said Frontage Area of the Project shall be maintained to the standards,specifications and condition to which,at a minimum,they were originally constricted as evidenced by plans and specifications on file with the City of Cupertino and/or provided to the Declarant. 4. Decisions Regarding Performance of this Agreement: All decisions regarding the need for maintenance,the implementation thereof,and any particular other matters relating to the Frontage Area of the Project shall be determined by 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 reasonable attorney's fees, arbitration fees or costs and court costs,arising out of or related to the use and landscape maintenance of the Frontage Area of the Project described in paragraph number two and delineated on Exhibit`B",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,or arise out of or relate to the standard public sidewalk abutting the property line of the project. 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 costs,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 herein. 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. 2 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 that 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 documents,the most recently duly executed and recorded amendment shall be controlling. Executed the day and year first above written. DECLARANT: Byer Properties, L.P., a California limited partnership By: (jLL (notary acknowledgement attached) Alex B. Byer Attorney in Fact for Byer Properties, L.P., a California limited partnership CITY OF CUPERTINO By: f(kV ACC, 3ci rLe. 5 3 NOTARY ACKNOWLEDGMENT STATE OF G/,-rorn. )'SS COUNTY OF 3 G F47-7 On ���n�li�y � �/3 before me —1-0b4(..4 J!/1..e'c lC _ ,a Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(3whose name(g) is/arc' subscribed to the within instrument and acknowledged to me that he/slyAlterexecuted the same in his/he/their-authorized capacity(yesf and by his/her/hen= signature(s)'on the instrument the person(4 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. • . TODD MCCORI�ACK Signature of Notary Public '� , _ CoMM.# 1866828 N N ;tit NOTARY PUILJC•CAUFORiNA N.14 R ' Cttr AM Cewn or cT,P MY CoiwExr-Ocr. (Notary Seal) EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: All that certain real property situate in the City of Cupertino,County of Santa Clara,State of California,being all of Parcel One and a portion of Parcel Three of that certain Grant Deed recorded February 02, 1996, Document 13183706,Santa Clara County Records, said Parcel Three shown as being all of Parcel A,Parcel B,and Parcel C on that certain Record of Survey Map filed for record on May 24, 1968 in Book 238 of Maps at Page 3, Santa Clara County Records and being more particularly described as follows; PARCEL A Beginning at the northwesterly corner of said Parcel C,said corner being on the southerly right-of-way line of Stevens Creek Boulevard as shown on said map; Thence easterly along said right-of-way line,North 89°57'15"East, 178.00 feet; Thence leaving said right-of-way line along the following three(3)courses and distances: 1. South 00°02'45"East, 198.79 feet; 2. North 89°57'15"East,201.85 feet; 3. North 00°02'45"West, 198.79 feet to..aid right-of-way line; Thence easterly along said right-of-way line North 89°57'15"East,810.88 feet to the easterly line of said Parcel One; Thence along the easterly line of said Parcel One,South 00°02'45"East,428.53 feet to a point on the northerly line of Tract Map No.661, Filed for record on October 24, 1949 in Book 24 of Maps at Pages 34-35,Santa Clara County Records; Thence along the said northerly line of said Tract Map the following three(3)courses and distances: 1. South 89°44'25"West,901.02 feet; 2. North 00°02'45"West, 22.29 feet; 3. South 89°56'55"West,289.97 feet to the westerly line of said Parcel A,said point also being the southwesterly corner of said Parcel Three; Thence Northerly along the westerly line of said Parcel Three, said line also being the westerly line of said Parcel A and Parcel C of said map, North 00°00'35"West,409.63 feet to the Point of Beginning. Said Parcel A contains 10.703 acres, more or less. PARCEL B, Beginning at the northwesterly corner of said Parcel C,said corner being on the southerly right-of-way line of Stevens Creek Boulevard as shown on said map; Thence easterly along said right-of-way line,North 89°57'15"East, 178.00 feet to the True Point of Beginning; Thence leaving said right-of-way line along the following three(3)courses and distances: 1. South 00°02'45"East, 198.79 feet; 2. North 89°57'15"East,201.85 feet; 3. North 00°02'45"West, 198.79 feet to said right-of-way line; Thence westerly along said right-of-way line South 89°57'15"West,201.85 feet to the True Point of Beginning; Said Parcel B contains 0.921 acres,more or less. As shown on Exhibit "B" Attached hereto and by this reference made a part hereof. APN: 359-08-005;359-08-006; 359-08-013; 359-08-020;359-08-021; 359-08-022 0 • .1 6.00'- o v© 3 up MAINTENANCE AREA 3 1,068± SQFT _ 1 CH SAI WAY 6.00'-- i - I PARCEL B (Doc No. 21757774) MAINTENANCE AREA 2 / I i LINE TABLE: 1,211± SQFT LINE BEARING DISTANCE L1 S 00°02'45" E 9.00' L2 N 89°57'15" E 68.12' L3 S 77°08'51" W 22.56' o L4 N 00°02'45" W 14.00' cil L5 N 89°57'15" E 201.85' L6 N 89°57'15" E 178.00' PARCEL A F • `? (Doc No.21757774) ... r.,.i L4 BANDLEY DRIVE i _1 / w m I1. N '.0 n' O Li,tD M co NI w Z Lel L AND MAINTENANCE �cc S&� AREA 1 /‘ I � M;41,./)_ k 3,892± SQFT �P o L3— z � �l� N s J / POINT OF o. :,...:M N �. :�;_,::SR0i5,D;:i, ...:...0 AREA 1 qTF 0 `.n I F CA��FO I DATE DEC. 2012 PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR: MAINTENANCE AGREEMENT SCALE 1" = 150' CUPERTINO CALIFORNIA DR. BY SB W KIER & WRIGHT SOB A11061 EXHIBIT B CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard,Building 22 (408)727 6665 `USERsbaber I:\PROJECTS\All0bl\DNC\SURVEY\PAIS\IIAINIENABCE AGREEMENT\C-PIAidig OECEIIBER II,2012 1:33 Al Santa Clara,California 95054 fax(408)727 5641 1 OF 1 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. This is to certify that the maintenance agreement with 20700-20840 Stevens Creek Boulevard to the City of Cupertino, a governmental agency, is hereby accepted by the order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated:January 18, 2013 By: Brittany Carey Senior Office As ' tant CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Sawa C(arc1 ` T t On ✓ah /L / 2-013 before me, kf,s��,, i2eti ec Si t,R e-c� -,, /110{ r7 fa 4 /,e Date Here Insert N me and Title of the Officer , J personally appeared %,f,,,,,,.j, 430 ��e pr y5 ( Name(s)of Signer(s) i who roved to me on the basis of satisfactory ry t evidence to be the person(s'j whose name : Care A t subscribed to the within instrument and acknowledged to_ me that/F>'she/they executed the same in k t / her/their authorized capacity(), and that by flithher/their signature(.) on the instrument the s persons), or the entity upon behalf of which the A t person( acted, executed the instrument. t .�, KIRSTEN RENEE SOUARCIA I certify under PENALTY OF PERJURY under the f Commission# 1906898 laws of the State of California that the foregoing z )1 Notary Public-California i C %���; � paragraph is true and correct. \-, ,?j Santa Clara County • M Comm. Expires Oct 4.2014+ P •/t WITNESS my hand and official seal. h: • ( Signature: .- !_ AI --- -/. - - P, Place Notary Seal Above Signature of Notary Publi W n� OPTIONAL. P Though the information below is not required by law, it may prove valuable to persons relying on the document yS and could prevent fraudulent removal and reattachment of this form to another document. A Description of Attached Document Title or Type of Document:/�4 fo o�i'/cc .4yr-e-c.,-rte.,/ Z o)o& - )-os yo S71c vc,fs �,.cek • Document Date: 14 h va '''Y S Zo/3 _ Number of Pages: �� t Signer(s) Other Than Named Above: /9 7e-A-- 8- Q yc ( Capacity(ies) Claimed by Signer(s) h� t Signer's Name: Signer's Name: 7� ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): li ❑ Individual RIGHT OF HIUMBPRINT i_1 Individual RIGHT THUMBPRINT 4 ❑ Partner—❑Limited ❑General OF SIGNER i Top of thumb here Partner—H H Top of thumb here t ❑ Attorney in Fact .]Attorney in Fact ( ❑ Trustee ❑Trustee ( ❑ Guardian or Conservator t ❑Guardian or Conservator ❑ Other: E i Other: P t - f Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907