Loading...
15-198 Stormwater Facilities Operation and Maintenance Agreement, Brian J. O'Grady, Li Lynn Ooi and Jack R. Wu and Discoverer Venturers LLC, APNs 342-22-099, 342-22-100,342-22-101RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 DOCUMENT: 23133759 II II ll l Ill l lll lll Ill l l l ll REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages: 22 Fees . * No Fees Taxes. Copies .. AMT PAID RDE l:f 025 11/03/2015 2:02 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STORMWATER FACILITIES OPERATION AND MAINTENANCE AGREEMENT Brian J. O'Grady (a single man), Li Lynn Ooi and Jack R. Wu (wife and husband as joint tenants), and Discoverer Ventures LLC (a California limited liability company) APNs 342-22-099, 342-22-100, 342-22-101 10645 Cordova Road, 10655 Cordova Road and 10655 Cordova Road l1{J Original D For Fast Endorsement RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupertino City Clerk's Office 10300 Torre Avenue Cupertino, CA 95014-3202 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §6103 Space above this line for Recorder's use. STORMWATER FACILITIES OPERATION AND MAINTENANCE AGREEMENT This STORMWATER FACILITIES OPERATION AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 2 S day of Se.p·l(l.IYJ ber 2015, by Brian J. O'Grady (a single man), Li Lynn Ooi and Jack R. Wu (wife and husband as joint tenants), and Discoverer Ventures LLC (a California limited liability company)(" collectively Covenantors") and the City of Cupertino, a municipal corporation ("City"). Covenantor(s) and City are referred to collectively herein as the "Parties" and each individually as a "Party." RECITALS: This Agreement is made and entered into with reference to the following facts: A. The City is authorized and required to regulate and control the disposition of storm and surface waters as set forth in the City's Stormwater Pollution Prevention and Watershed Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as currently in effect and as it may hereafter be amended, the "Ordinance"). B. The Covenantors are the owner of certain tracts or parcels of land designated as APN s 342-22-099, 342-22-100, 342-22-101, and addressed as 10645 Cordova Road, 10655 Cordova Road and 10665 Cordova Road, respectively, and more particularly described in Exhibits A. B, and C attached hereto ("Property"). C. The Covenantors desire to construct certain improvements on the Property that may alter existing stonnwater conditions on the Properties and adjacent lands. D. To minimize adverse impacts due to these anticipated changes in existing storm and surface water flow conditions, the Covenantors are required by the City to build and maintain, at Covenantorss expense, stormwater facilities ("Facilities") as more particularly described and shown on the approved Improvement Plans prepared by Giuliani and Kull, Inc and dated July 10, 2015 which plans, together with any and all amendments and revisions, including future amendments and revisions, thereto (collectively, the "Plans"), are on file with the Public Works Department of the City of Cupertino, California, and are hereby incorporated by reference. E. The City has reviewed the Plans, and subject to execution of this Agreement, has approved the Plans. AGREEMENT: NOW, THEREFORE, in consideration of the benefits received and to be received by the Covenantor(s), its successors and assigns, as a result of the City's approval of the Plans, the Parties hereby agree as follows: 1. Covenants Running With the Land; Property Subject to Agreement. All of the Property shall be subject to this Agreement. The Parties intend that this Agreement shall run with the land, shall be binding on Covenantors and any individual successors and assigns, and all parties having or acquiring any right, title or interest in the Property or any portion thereof, and their respective successors and assigns, and shall inure to the benefit of the City and its successors and assigns regardless of whether City has any ownership interest in the Property or any portion thereof or any property adjacent thereto. Every limitation, easement, obligation, covenant, condition, and restriction contained herein shall be deemed to be, and shall be construed as a covenant running with the land, and in addition, shall be construed as an equitable servitude, enforceable by any owner of any portion of the Property against any other owner, tenant or occupant of the Property or any portion thereof. Subject to the provisions of Section 9 below, each reference in this Agreement to Covenantor(s) shall mean Covenantor(s) and its successors in interest to the Property or any portion thereof. 2. Responsibility for Installation, Operation and Maintenance. At their sole expense, the Covenantors shall construct, operate and perpetually maintain the Facilities in strict accordance with: (a) the Ordinance, (b) the Plans and any amendments thereto that have been approved by the City, and (d) all other applicable federal, state and local laws, ordinances and regulations. Covenantor(s), on an annual basis, shall prepare and deliver to the City Public Works Director, a Maintenance Inspection Report in the form attached hereto as Exhibit D or such other form as may be required by City from time to time. The annual Maintenance Inspection Report shall identify all completed inspection and maintenance tasks for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the Facilities have been conducted as required by this Agreement. The annual report shall be submitted no later than October 15 of each year, under penalty of perjury, to the City Public Works Director or such other member of the City staff as directed by the Public Works Director. Covenantors shall provide in the annual report a record of the volume of all accumulated sediment removed as a result of the treatment measure( s ). Covenantors shall conduct a minimum of one annual inspection of the Facilities before the rainy season; this inspection shall occur between August 1st and September 30 each year. More frequent inspections may be required to comply with the maintenance standards. The results of inspections shall be recorded on the Maintenance Inspection Report. 3. Facility Modifications. At its sole expense, the Covenantors shall make such changes or modifications to the Facilities as the City Engineer may reasonably determine to be necessary or desirable to ensure that the Facilities continue to operate as originally designed and approved. Any changes or modifications to the Facilities may be made only with prior written authorization by the City Engineer or his or her designee. 4. Grant of Access. Covenantor(s) hereby grants to City, and its employees, agents, contractors and consultants, a right, but not the obligation, to access the stormwater facilities for the purpose of inspection, monitoring, maintaining, repairing and replacement of the Facilities. 5. Facility fuspections by the City. At reasonable times, after not less than forty-eight ( 48) hours' prior written notice, except in the event of an immediate threat to public health and safety in which case no prior notice shall be required, and in a reasonable manner as provided in the Ordinance, the City, its agents, employees, contractors, and consultants shall have the right to access the Facilities for the purpose of inspecting the Facilities to ensure that the Facilities are being properly maintained, are continuing to perform in an adequate manner (as reasonably determined by the City Engineer or his or her designee), and are in compliance with the Ordinance, the Plans and any amendments thereto approved by the City and all other applicable laws. 6. No Barriers. While this Agreement is in effect, Covenantors shall not erect, nor permit to be erected, any building or structure of any kind that blocks or hinders the City's ability to access the Facilities, nor shall Covenantors fill or excavate the Facilities without the City's prior written consent which shall not be unreasonably withheld, but may be conditioned upon such requirements as City Engineer determines are reasonably necessary or desirable to ensure proper functioning of the Facilities. 7. Grant of License. Covenantors shall grant a license to each Covenantor and their contractors to allow access to the Facilities for maintenance and repairnor replacement. This License shall continue for the entire term of this Agreement. No individual Convenator shall require a new License for access to another Convenator's property for the purposes of maintaining, repairing or replacing the Facilities. 8. Default and Remedies. If following delivery of written notice from City and the expiration of a thirty (30) day cure period (except in the event of an immediate threat to public health and safety in which case Covenantors shall commence and complete corrective action as soon as possible following receipt of notice from the City), Covenantors fails to correct any defect in the Facilities in accordance with the approved design standards, the Plans, the Ordinance, and all other applicable state, federal, and local laws, rules, and regulations, or Covenantors otherwise fails to comply with the maintenance and repair obligations set forth in the Plans and this Agreement, the City shall have the right upon delivery of forty-eight ( 48) hours' prior written notice (except in the event of an immediate threat to public health and safety in which case no notice shall be required) to access the Facilities for the purposes of maintaining and repairing the Facilities at Covenantors's expense, and Covenantors shall be obligated to reimburse City for the cost of all such work, including, without limitation, the cost of City staff time, within thirty (30) days following City's delivery of an invoice therefor, together with documentation of City's costs and expenses incurred in connection with the performance of such work. If such costs are not paid within the prescribed time period, the City may assess Covenantor(s) the cost of the work, and said assessment shall be a lien against the Property(ies) or may be placed on the property tax bill and collected as ordinary taxes by the City. In addition to the foregoing, the City may pursue any other remedies provided under law or in equity, including without limitation, ex parte applications for temporary restraining orders, preliminary injunctions and permanent injunctions enjoining any such violation or attempted violation or default, an order for specific performance, civil and criminal penalties, and the remedies set forth in Sections 9.18.190, 9.18.230 and 9.18.250 of the Ordinance. All such remedies shall be cumulative and not alternative. 9. Hold Harmless and Indemnification. The Covenantors shall indemnify and hold harmless CITY, its officers, agents and employees from and against any or all claims, loss, cost, expense, damage or liability, resulting or in any way arising out of Convenantors' performance or nonperformance of his/her duties under this Agreement, or from negligent acts or omissions or willful misconduct of Convenantors' agents, employees and contractors, or subcontractors. Developer shall, at his/her own cost and expense, defend any and all actions, suits or legal proceedings that may be brought against the City, it officers, agents and employees resulting from or arising out of Convenantors' performance or nonperformance of his/her duties and obligations under this agreement, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 10. Obligations and Responsibilities of Covenantors. Initially, the Covenantors named above shall be solely responsible for the performance of the obligations required under this Agreement and for the payment of any and all fees, fines, and penalties associated with such performance or failure to perform under this Agreement. Notwithstanding any provisions of this Agreement to the contrary, upon the recordation of a deed or other instrument of sale, transfer or other conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third party, the Covenantors shall be released of its obligations and responsibilities under this Agreement accruing after the date of such Transfer to the extent such obligations and responsibilities are applicable to that portion of the Property included in such Transfer. 11. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the Property or any part thereof by the Covenantors to subsequent owners and assigns. 12. Termination and Release of Agreement. In the event that the City determines, in the exercise of its sole discretion, at any future time that the Facilities are no longer required, then it promptly shall so notify the Covenantors or its successors and/or assigns in writing, and at the written request of the Covenantors, the City shall execute a termination and release of this Agreement which the Covenantors shall cause to be recorded in the Official Records at Covenantors's sole expense. 13. Miscellaneous. 12.1 Notices. Except as otherwise specified herein, all notices, demands, requests or approvals to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (a) personal delivery, in which case notice is effective upon delivery; (b) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; ( c) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (d) postage prepaid registered or certified mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. City: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: Public Works Director With copy to: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: City Attorney Covenantor(s): Brian J. O'Grady (owner of 10645 Cordova Rd.) 853 Campbell Ave Los Altos, CA 94024 Li Lynn Ooi & Jack R. Wu (owners of 10655 Cordova Rd) 1457 KochLn San Jose, CA 95125 Niranjan Kumar & Murali K. Narasimhan (owners of 10665 Cordova Rd) Discoverer Ventures LLC 4 7 40 Snead Dr Santa Clara, CA 95054 12.2 Attorneys' Fees. In the event that either 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. 12.3 Governing Law; Venue. This Agreement shall, in all respects, be governed, construed, applied, and enforced in accordance with the laws of the State of California without reference to its choice oflaws provisions. Any dispute related to the interpretation or enforcement of this Agreement shall be heard in courts having jurisdiction in Santa Clara County, California. 12.4 Further Assurances. City and Covenantors shall each execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to fully effectuate the terms and provisions of this Agreement. 12.5 Entire Agreement. This Agreement, together with the PLAN, constitutes the entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior written or oral agreements with respect thereto. 12.6 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 that can be separated from the invalid or, unenforceable provisions shall, nevertheless, continue in full force and effect. 12.7 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Covenantors of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 12.8 Recordation; Amendments. City, at Covenantors's expense, shall cause this Agreement to be recorded in the Official Records of Santa Clara County, California ("Official Records") promptly following execution hereof. This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in the Official Records. 12.9 Relationship of Parties. Neither Covenantors nor any of its contractors, employees or agents shall be deemed to be agents of City in connection with the performance of Covenantors's obligations under this Agreement. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. City neither undertakes nor assumes any responsibility or duty to Covenantors (except as expressly provided in this Agreement) or to any third party with respect to the Facilities. 12.10 Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. This Agreement is the product of negotiation between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Cupertino shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. The recitals above and exhibits attached hereto are a substantive part of this Agreement and are hereby incorporated herein. 12.11 Permits and Licenses; Compliance with Law. Covenantors, at its expense, shall comply with all applicable legal requirements, including all federal, state, and local laws and regulations (including City ordinances, regulations and resolutions, and requirements of other agencies with jurisdiction), whether or not said laws or regulations are expressly stated in this Agreement, and obtain and maintain all necessary permits and licenses required in order to own, operate and maintain the Facilities. 12.12 Liens. Covenantors shall pay, when due, all persons furnishing labor or materials in connection with any work to be performed by or on behalf of Covenantor(s) related to the Facilities. 12.13 Joint and Several Liability. If Covenantors consists of more than one person or entity, the obligations of such persons and entities shall be joint and several. 12.14 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which taken together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGE(S) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. Brian J. O'Grady, Owner 10645 Cordova Road (Notary acknowledgment o be attached) COVENANTOR: Li Lynn Ooi, Owner 10655 Cordova Road (Notary acknowledgment to be attached) COVENANTOR: Jack R. Wu, Owner 10655 Cordova Road (Notary acknowledgment to be attached) COVENANTOR: Niranjan Kumar, Discoverer Ventures LLC 10665 Cordova Road COVENANTOR: Murali K. Narasimhan, Discoverer Ventures LLC 10665 Cordova Road CITY: CITY OF CUPERTINO, a municipal corporation ~o--_ TfBflrOTdellYE. Director of Public Works AP~RM: Cit ttorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ..r11ntpf cAAVA On 2S-th d11.yVt Jqt. 20tS-before me, ---~M~lc&1~&~lt~r...l_·tA1~o~l_,_1~N~tJ~1?l~r/__,._~PlA_b_l_IC~, Date Here Insert Name and Title of the Officer personally appeared -------~"-Y~f ll~VJ~J_._0_1_ll""'"Y'-~~d-1'f,__ ________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th_~ nirson(~ whose name~ iskle scribed to the within instrument and ackno9.I dged to me that (JJ,f/1tJe/t~y executed the sMhe,-in ~r/ti/eir authorized capacity(fs), and that by 1 h~Jr/th/ir signature~) on the instrument the person~, lie ehtity upon behalf of which the personr ecf, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------------------~opr10NAL----------------------------~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity{ies) Claimed by Signer{s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title{s): ______ _ D Corporate Officer -Title{s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~'§fj'i,l\§){<)1@~~·ga;;;@>~~~@~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. ATTEST: City Clerk COVENANTOR: Brian J. O'Grady, Owner 10645 Cordova Road (Notary acknowledgment to be attached) Li L~ 1, Owner 106 Cordova Road (Notary acknowledgment to be attached) COVENANTOR: Jac~, l!!'J,, 10655 Cordova Road (Notary acknowledgment to be attached) COVENANTOR: Niranjan Kumar, Discoverer Ventures LLC 10665 Cordova Road COVENANTOR: SEE ATTACHED ACKNOWLEDGMENT FROM NOTARY Murali K. Narasimhan, Discoverer Ventures LLC 10665 Cordova Road CITY: CITY OF CUPERTINO, a municipal corporation ~-~.-- Director of Public Works CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sa,... k da..v" p · h iyus Dave, Notary Public On t:tf i.~{'l-<>•s before me, _____________________ _ ) ) Date Here Insert Name and Title of the Officer personally appeared Li Ljl.\"' C>o i ~ el :j" c....c.. I'-fl-w'4... Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ;,(,/are subscribed to the within instrument and acknowledged to me that hel&l'Ter'they executed the same in hlsLO@r./their authorized capacity(ies), and that by ltisffter/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . re ..... ;0:!1Ys~:~ ;~~:6;4. ·1 ~ • Notary Public • California I z • Sama Clara County ~ J w w w ; ; J'l ~OT':' =S i"2 t1 •/$1 el Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____ -111-J[,-#-fi~~-----~'--------Si~f NOtafY Public ~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: IVfiM ... ~-c..-t-f-J\;)·c:--t-Document Date: cr(:sf u ll Number of Pages: 1 Signer(s) Other Than Named Above: ------------ Capacity(ies) Cfairn~d by Signer(~) Signer's Name: L• L!:J"'"' d 0 ' Signer's Name: ~"j CL.Cle.. tL W"\. o Corporate Officer -Title(s): 0 Corporate Officer -Title(s): ______ _ o Partner -D Limited D General 0 Partner -0 Limited 0 General o Individual 0 Attorney in Fact 01ndividual D Attorney in Fact o Trustee D Guardian or Conservator 0 Trustee D Guardian or Conservator D Other: 0 Other: --------~----- Signer Is Representing: Signer Is Representing: ________ __.!.. • ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. C~efk {O/iil.t) ATTEST: ~ ~ ~ COVENANTOR: Brian J. O'Grady, Owner 10645 Cordova Road (Notary acknowledgment to be attached) COVENANTOR: Li Lynn Ooi, Owner 10655 Cordova Road (Notary acknowledgment to be attached) COVENANTOR: Jack R. Wu, Owner 10655 Cordova Road (Notary acknowledgment to be attached) COVENANTOR: ~mar, ~nturcs LLC 10665 Cordova Road COVENANTOR: e ~~~/;/= Murali K. Narasimhan, Discoverer Ventures LLC 10665 Cordova Road CITY: CITY OF CUPERTINO, a municipal corporation ~ ...... E-.-- Director of Public Works WAJ)JV APmVED AS TO FORM: t9ty torney CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On __ 0---"f'-l'!_at2~e -'g,=-1-/-·1-o_~{ J=----before me, R.C. Singh, Notary Public ~ Name and Title of Officer personally appeared ____ _,_~_t.,_,~'--''/f-N-~a'?;'-'-7/--Jv_,_. -"----t=:k:....:. :...L/l-~(.4/L...~~--- ~-··· Name of Signer(s) who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal ·~ "'""= ,II:; P.hJ;, My Commission Expires: Oct 21, 2015 SFBayNotary.com CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On IJ/fi:rf LJ>(J Date before me, R.C. Singh, Notary Public Name and Title of Officer personally appeared -~/11_({_/t,_/j~~ _L_f __ /<_. __ rv:_{fM: __ Si_t_k_(fl_~ ___ _ !'····~~~~:·············· .. ···············! • .... ~. R. C. SINGH : ~ COMM. NO. 1953520 i ~ NOTARY PUBLIC-CALIFORNIA s 1 SANTA CLARA COUNTY ! COMM. EXPIRES OCT. 21, 2015 : a111111111111111111111111a111111it Name ofSigner(s) who 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. 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 41]/L-' ~ ((ff/~ Signature of Notary Public My Commission Expires: Oct 21, 2015 SFBayNotary.com EXHIBIT A Legal Description All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the northeasterly corner of Section 185 and the centerline of Cordova Road as shown on that certain Map entitled, "Map of Inspiration Heights, Monta Vista", recorded in Book "P" of Maps at page 13, Santa Clara County Records; thence along the northerly line of said Section 185 S 72°33'00" W 118.90 feet; thence S 74°55'30" W 118.41 feet to the easterly corner of Sections 193 and 194 as shown on said Map; thence along the easterly line of said Section 193 S 22°15'00" E 30.00 feet; thence leaving said line S 40°35'50" E 50.00 feet; thence N 64°42'53" E 80.42 feet; thence N 72°33'00" E 140.00 feet to the centerline of Cordova Road; thence along said centerline N 09°49'00'' W 35.29 feet and N 37°52'00" W 26.70 feet to the POINT OF BEGINNING. APN: 342-22-099 EXHIBIT B Legal Description All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at a point in the centerline of Cordova Road which bears S 09°49'00" E distant 10.07 feet from the common corner of Sections 183 and 184 with the centerline of Cordova Road as shown on the certain Map entitled, "Map of Inspiration Heights, Monta Vista", recorded in Book "P" of Maps at page 13, Santa Clara County Records; thence along said centerline S 09°49'00" E 60.53 feet; thence leaving said centerline S 72°33'00" W 77.00 feet; thence S 59°10'51" W 106.05 feet; thence N 40°35'50" W 80.00 feet; thence N 64°42'53" E 80.42 feet; thence N 72°33'00" E 140.00 feet to the POINT OF BEGINNING. APN: 342-22-100 EXHIBIT C Legal Description All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the common corner of Section 182 and Section 183 with the centerline of Cordova Road as shown on that certain Map entitled, "Map of Inspiration Heights, Monta Vista", recorded in the Book "P" of Maps at page 13, Santa Clara County Records, thence along the centerline of said Cordova Road N 27°56'17" E 118.92 feet and N 09°49'00" W 29.40 feet; thence leaving said centerline S 72°33'00" W 77.00 feet; thence S 59°10'51" W 106.05 feet; thence S 40°35'50" E 125.96 feet to the centerline of Cordova Road; thence along said centerline N 39°13'00" E 50.40 feet to the POINT OF BEGINNING. APN: 342-22-101 ExhibitD FORM OF MAINTENANCE INSPECTION REPORT Annual Maintenance and/or Observations Maintenance Month Activity to Surveying Activity Performed be Performed Storm Drain System Maintenance Inspect and clean all catch Complete in Fall basins and storm drain inlets at season least once per year Inspect and clean all Debris Complete in Fall Basins at least once per year season, and as needed to ensure proper function Inspect and clean all Storm Complete in Fall Water Retention Basin at least season once per year Inspect and clean 2-112" outlet Complete in Fall pipe located at bottom of season, and as Storm Water Retention Basin at needed to ensure least once per year proper function Inspect slope downhill of Complete in Fall Storm Water Dissipater for season erosion of the slope. Repair slope as necessary Hydro-flush cleaning of all As needed to ensure storm drain lines proper function Compile written maintenance Annually between records and prepare written August 1st and annual maintenance report for September 30th storm drain system, and supply report to the City Engineer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 5'qnf.,., C(et ,..."i ) On Ocl·. z..e, 1 1.-or.£ before me, f.:Jr-s/~ .,l!_~i.,-.t.~ S:J._c,.&1.rc/Pi.,r/V6-fr:v7f'v6,/t'c_ Date .,,,-,-:-Here Insert Name alfd Title of the Officer peraon~~ appearad --------·~ /l_~~--~~-E~o~r~J~e~~----------­ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,97 whose namefe}j§/are subscribed to the within instrument and acknowledged to me that ~she/they executed the same in his/her/their authorized capacityQ.e~ and that by ~her/their signatureW on the instrument the persol)lsf, or the entity upon behalf of which the perso~ acted, executed the ir'lstrument. KIRSTEN RENEE SOUARCIA ~ Commission # 2080884 ~ 'i :• q Notary Public -California ~ } ~.. • Santa Clara County ~ • • • • • • MJ 8oa1T· fXfizs.agt J·J~1 t( Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~~~ Signature of Notary PHC Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: A;rree ,.,,e,,, -f Document Date: 5e /'-/. · 2... 5 '2.<> f S- Number of Pages: I '1 Signer(s) Other Than Named Above: --------=----- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 11NO 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 Stormwater Facilities Operation and Maintenance Agreement dated September 25, 2015 with 10645 Cordova Road, 10655 Cordova Road and 10655 Cordova Road and the City of Cupertino, a governmental agency is hereby accepted by the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: October 29, 2015 By:~¥-~ Kirsten Squarcia Deputy City Clerk