13-054 Maintenance Agreement, 10990 N. Stelling, APN 326-09-051 •
RECORDING REQUESTED BY: DOCUMENT: 22207200 Pages: 9
City of Cupertino 11111111 Fees. . -* No Fees
Taxes. .
Copies. .
WHEN RECORDED,MAIL TO: AMT PAID
REGINA ALCOMENDRAS RDE # 025
City Clerk's Office SANTA CLARA COUNTY RECORDER 5/07/2013
City of Cupertino Recorded at the request of 8. 1 1 AM
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
10990 N. Stelling Road
APN 326-09-051
/I Original
0 For Fast Endorsement
Prepared by City of Cupertino
After Recording, Return To: )
McDonald's Corporation
One McDonald's Plaza )
Oak Brook, IL 60523 )
Attn: U.S. Legal, L/C:004-0512 )
)
)
SPACE ABOVE FOR RECORDER'S USE ONLY
MAINTENANCE AGREEMENT
10990 N. Stelling Road
APN 326-09-051
THIS MAINTENANCE AGREEMENT("Agreement") is made and entered into this 0)4)14
day of MQ1rd,, 20 13, developer,McDonald's USA,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 the property is located at 10990 N. Stelling
Road 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 ce:stain improvements, including landscaping,that
is situated on real property owned by City along 10990 N. Stelling Road 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" or 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.
1
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 and useable 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 10990 N. Stelling Road 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 good and 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 to a high standard that is comparable to other improvements at similar high quality
developments in the City. 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 maintenance, the implementation, and any particular other matters relating to 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, official: , 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 cr damage to property or other liability of any
nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the use and landscape maintenance 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 extern: 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. 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.
2
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 cons':itutes 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
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: OWNER:
McDonald's USA, LLC McDonald's Corporation
By: IAIA�� ./I By.
Name: �Uy at 14,( Name: Court M4(j jet j
Title: Keltjar�� SG' Title: tS h i o r ChYtnre
Cnotary CITY OF know d1 ement attached) L/C: OOQ'' �(a
1N O
By:
Name:.-177-1,f-+-1 ci e-r�
Title: rcc,-t-2,✓ v f p,�t�1 c ���✓(G�:
Approved as to Form
• _ ,e 1111 144'/'
Oarol Korade, City Attorne
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (corp)
STATE OF ILLINOIS )
ss
COUNTY OF DuPAGE )
On March 22,2013 before me,Patricia Hensler,Notary Public, personally appeared
Courtney Masini, Senior Counsel of McDonald's Corporation, 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 m hand and official seal. OFFICIAL SEAL
PATRICIA HENSL�R
NOTARY PUBLIC-STATE OF ILLINOIS
, il MY COMMISSION EXPIRES:07128/16
SI NATURE OF NOTARY PUBLIC
My commission expires on 07-28-16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (corp)
STATE OF ILLINOIS )
ss
COUNTY OF DuPAGE )
On March 22,2013 before me,Patricia Hensler,Notary Public, personally appeared
Courtney Masini, Senior Counsel of McDonald's USA, LLC, personally known to me,to be
the person whose name is subscribed to the vvithin 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.
OFFICIAL SEAL
Witnes my hand and official seal. PATRICIA HENSLER
NOTARY PUBLIC-STATE OF ILLINOIS
`ir MY COMMISSION EXPIRES:07/28/16
ii=
SI 1 NATURE OF NOTARY PUBLIC
My commission expires on 07-28-16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF S 14 C74 -1 )
PoYPO6 (i`c
On A��/, 2 9 2 6/3 before me, k.--r- , 5 2 1-/A , personally
appeared ?",'s,n, Ro (-de.,
who proved to me on the basis of satisfactory evidence to be the persons whose name,(S)
gare subscribed to the within instrument and acknowledged tome that he/she/they
executed the same in t i /her/their authorized capacity(ieS), and that by her/their
signature on the instrument the persons(tr), 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.
rKIRSTEN RENEE SOUARC WITNESS my hand and official seal. (Seal) , - Commissions 1806898
Notary Public.California
:_ M 1% Santa Clara County
`�_""'`"`, _ Comm.Expires Oct 4,2014
SIGNATURE OF NOTARY PUBLIC
My commission expires on:
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY
OF SANTA CLARA; STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS :
PARCEL 4 AS SHOWN UPON THAT CERTAIN PARCEL MAP BEING A PORTION OF
THE SOUTHWESTERLY 1/4 OF SECTION 12 TOWNSHIP 7 SOUTH RANGE 2 WEST
M. D. B. & M. RECORDED APRIL 23, 1968 IN BOOK 252 OF MAPS PAGE 24
•
EXHIBIT A
LIC: 4-0512
Parcel Type: MS
.. ,
... .
. ,
\:•,..-gr.,,,.:,,,-....-.•;:_:::. _____--
-ro MAIN rAl e- AM Ce \
A&Reememr
Ak
, . .
'-,'"*••:,-:-:.‘:-;-:-.:',. 1 '
= 1
i'7,.?;'?_.,--, — .
'-' Y —7.___, 7- --
. '
..7''' li 1__1:.11 .tEr-1 •' -
i'
\
',`•'Y'-'• —
—
.
t
I ,
.t.
— —. — ,‘ —— —
__ A.
1 0.- 1-,,._, i
I
I
I! 1
i
.i./..?.., • • ,
.----,--.-. , . i i i 1 i . • .
,...•.,
:. ffill i
1
1
■
0
: -
. 1
CC 1
1....tr-:
1 1-
1
< i .'1';'?; • m I t --r
-, •
-4:
1.71 1
0) 11 Li
III -.f.... 1 =
I
0 .,-,,., 1 _,
4
I r-•:-.. i r
1';•-'-'' Z
0
.ri.
t)"
,.. .I
LT; ,
a 4?•■:::: .
„...,,,.,.),•,,,,.:1 0
• \N N N
\ •. ,
„..,....„ \
:L._. .. ..
4;:„....; •
,,.._, .. .
,
... ,..,,„ 2,..„.. ....,..
7,..„ ....,
....L.„ ,.
, •:•.......... .
..... ...,_. ......_ _ ... .
c„:„.
I .:
'._,›t.;,,ii.,..2.,;:..•:,.,-;.7.".-1,-J,;:'1.
i
./._,
LIJ '
''''' ;'-j1.711-j.';.--I '::>.-,:`,Z.J■IV i...1J.
J_.),..1 i 0•'::::..1;',' ''.,1 .,, 01 1
• 7 ---. 1 ,L ''' ', Al :
Ii
_Li-
J ; • •
. , -• -.};la ,-.1-:.•• ••••■..! I JJ
'. ,..: 1. ',a.:1-1-.C. ;'"-';''., ii ti __I_
,'If',414...: -, 1,,0 J;-.., . ) i ,.....-1 0 o JJ 0
*
— ---" -
''', ,'\-7-'-'. t''''' '•...-4N.,''1`;;!,4'''''.."..^-.C,:rk..j,.*.l. 0i:V•S'Ar.t.,rf,,,i,V.1,,II:;:;:/gi4reri...!•,.'::: ',.;.1::.1.:,
. . ' '' '/ '.:' ,,f:•.?;:'•,..,',..-'-'41....-t,.•/-1',:e,•,•.:^--fp`•••`,••:'•-:'1'1,,r_,‘,.;.!:'•-1..,•-'34,1,-‘21.";A•1,--,•,=.5• 1::-1i-e,1,;•‘.-,_-.11k0.;:.11-i•,;,_
I • •:,.-.4-..--,...',..:,.•'..,,4 r:.:,,'.S.::.•■..,',Tta::•.:.-•t:ras,>;•--”:„7-4,,c,,,,,;!.•;••••.,,v_.;‘,•,',1-ti,e,,,,,,i'frr,1.I.,,,.■,
li ...,`,. ....o.,,. ,, ..,.. ....... . .... ......1— - —.- . .,-.
• Pi
' 611 VC I'' 1 ' -.‘44kNANikili
— — — ■-■. ....■ --■. — -- — — --
CIVOI:l ONMaLS 'N
SZli- Fi?-0M1.01/4Gg AV-EA ____ ___ __
OF- Ikke ?ED TECT
g)‹i-ital-T. B
"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.
10990 N. Stelling Road
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: April 30, 2013
By:
Kirsten Squarcia
Deputy City Clerk