14-015 Bollinger Venture, LLC Maintenance aggrement for storm water facilities. Lot 5 Tract 10157RECORDED AT THE REQUEST OF
And
WHEN RECORDED RETURN TO:
DOCUMENT:
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Pages: '�
b To I- fP, REGINA ALCuMENDRAS RDE # 005
r �•�n C,�.` �iS'i' (� `:SANTA CLARA COUNTY RECORDER 12/17/2013
Recorded at the request of 8:29 AM
SPACE ABOVE FOR RECORDER'S USE UNLY
MAINTENANCE, AGREEMENT
FOR STORM WATER MANAGEMENT FACILITIES
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 13
day of.1, o•20 /3 by Bollinger Venture LLC, a California limited liability company
( "Declarant "), and the City of Cupertino ("City") concerning the following real property:
Lot 5 as shown on the map of Tract No. 10157 filed for record on March 27, 2013, in Book 860
of Maps at Pages 21 through 22, inclusive ("Map"), in the Official Records of the County of
Santa Clara, State of California ( "Property ").
RECITALS:
The following recitals are a substantive portion of this Agreement:
A. The Property and improvements that comprise Tract is located within the City.
B. As set forth , the provisions of this Agreement are intended to and shall run with the
Property and be binding upon all owners, successors and assigns of the Property, 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 that abuts the Property in the front of the
Property along Bollinger Road, and to establish certain criteria and procedures for the
accomplishment of maintenance, repair and replacement.
NOW, THEREFORE the parties hereto a;;ree as follows:
1. Covenants Running with the Land; Property Subject to Agreement: All of the Property
described above 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 Property described above or anyiportion thereof and shall be for the
benefit of each owner of any of the lots, as shown on the Map, 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 bey 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 thereof.
2. Responsibility for Cost of Repair, Rep[ cement and Maintenance: Declarant, or its
successor in interest, shall, at its sole cost and expense, maintain, repair, replace, and keep in
excellent, like new condition all improvements associated with the storm water collection and
treatment located on the portion of the City's property that abuts and fronts the Property ( "the
Frontage Area of the Project ") along Bollinger Road and as shown on the approved and certified
Storm Water Management Plan. Exhibit "A" shows the portion of the City's property for which
Declarant is responsible for the maintenance of storm water improvements 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 storm water facilities located along the frontage area ( "Frontage Area ")
of the Property described in paragraph number two and delineated on Exhibit "A" in excellent,
useable condition under all weather conditions. The Frontage Area of the Property 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 Property shall be determined by the City.
5. Indemnity: Declarant and /or its successor in interest 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 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 "A ". 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. 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 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
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:
Bollinger Venture, LLC;
a California limited liability company
By: (notary acknowledgement attached)
a M ller
Mana '.4 Member
CITY OF CUPERTINO
Named
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A roved as to Form
( '(�i UARk-K, �1
Ca-o1 Korade, City Attorney
_ 13OLLINGER ROAD
1 "= 30'
STORM WATER
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EXHIBIT A"
MAINTENANCE AGREEMENT FOR STORM WATER FACILITIES
PREPARED BY: WESTFAL.L ENGINEERS, INC.
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
File No: ()
STATE OF California )SS APN No:
COUNTY OF Santa Clara )
OnI/l�j/r,h, before me, , Alison Scharnow Notary Public, personally appeared
who proved to me on the basis of sctory evidence to be the person(s.) whose name(s)'is re subscribed to the within
instrument and acknowledged to me th��'t he she /they executed) the same in his/her /their authorized capacity(ies), and that by
Chis /�er /their signature(s) on the instrume tithe person(s), or the entity upon behalf of which the person(s) acted, executed the
i�ument.
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.
/F`
ALISQN J. SCHARNUW
# 1873356
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Santa Clara County
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This area for official notarial seal.
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❑ INDIVIDUAL
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❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER
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Name of Person or Entity
Name of Person or Entity
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Reproduced by 11/
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California /
County of Sa P "( Cla Vg J
CIVIL CODE § 1189
On >6 • /�/ 2-(3 before me, � -4etiea 14 tvq �'� � , /f/o��y f 14 /',C
Date Here Insert Nam and Title of the Officer
personally appeared _-7;711 ,, 8 o roAe-1,
Name(s) of Signer(s)
KIRSTEN RENEE SOUARCIA
_ Commission # -19-06-89-
906898
:•® Notary Public - California i
Z ' Santa Clara County
My Comm. Expires Oct 4, 2014
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the personN whose namef:Vi�hre
subscribed to the within instrument and acknowledged
to me that (h he /they executed the same in
ter /their authorized capacityI(ies), and that by
is her /their signature) on the instrument the
person(, or the entity upon behalf of which the
person(sf 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.
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2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876- �3827). Item #5907