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E-815 Stormwater Management Facilities Operation, Maintenance, and Easement Agreement, 10380 Perimeter Rd APN 316-20-092RECORDING 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: 23210258 1111 m1 11111111111111 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages: 23 Fees.... * No Fees Taxes .. Copies. AMT PAID----- RDE # 007 2/01 /2016 10: 51 AM (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE, AND EASEMENT AGREEMENT Cupertino Property Development II, LLC, a California Limited Liability Company APN 316-20-092 J)il' Original D For Fast Endorsement ''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 interest in real property conveyed by the deed or grant dated December 15, 2015, from Cupertino Property Development II, LLC, a California Limited Liability Company to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: January 12, 2016 By: or~ ~~.9-=--Lauren Sapudar Senior Office Assistant RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupertino City Clerk's Office 10300 TolTe Avenue Cupertino, CA 95014-3202 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §6103 Space above this line for Recorder's use. STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 10380 Perimeter Road, Cupertino, CA 95014 APN: 316-20-092 This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT ("Agreement") is made and entered into this /'5 day of l)c:c evvtb ev, 20 l 5; by Cupertino Property Development II, LLC, a California limited liability company ("Covenantor") and the City of Cupertino, a municipal corporation ("City"). Covenantor 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 stonn and surface waters as set forth in the City's Stonnwater 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 Covenantor is the owner of a certain tract or parcel of land designated as APN 316- 20-092 and more particularly described in Exhibit A attached hereto ("Property"). C. The Covenantor desires to construct certain improvements on the Property that may alter existing stonnwater conditions on both the Property and adjacent lands. D. To minimize adverse impacts due to these anticipated changes in existing stonn and surface water flow conditions, the Covenantor is required by the City to build and maintain, at Covenantor's expense, stonnwater management and trash capture facilities ("Facilities") as more particularly described and shown in the Stonnwater Management Plan prepared by Sandis and dated ·~Ml '$ o 2015, which plan, together with any and all amendments, including -1- future amendments, thereto (collectively, the "SWMP"), 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 SWMP, and subject to execution of this Agreement, has approved the SWMP. AGREEMENT: NOW, THEREFORE, in consideration of the benefits received and to be received by the Covenantor, its successors and assigns, as a result of the City's approval of the SWMP, 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 Covenantor, its 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 shall mean Covenantor and its successors in interest to the Property or any portion thereof. 2. Responsibility for Installation, Operation and Maintenance. At its sole expense, the Covenantor shall construct, operate and perpetually maintain the Facilities in strict accordance with: (a) the Ordinance, (b) manufacturer's recommendations where applicable, (c) the SWMP including existing and proposed trees described in the SWMP as interceptor tree credits, 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, 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 C 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. Covenantor shall provide in the annual report a record of the volume of all accumulated sediment removed as a result of the treatment measure(s). Covenantor 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 -2- inspections shall be recorded on the Maintenance Inspection Report. 3. Facility Modifications. At its sole expense, the Covenantor 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 Easement. Covenantor hereby grants to City a nonexclusive, perpetual ingress, egress, access and maintenance easement ("Easement") over the easement area as depicted and described in Exhibit B attached hereto and incorporated herein ("Easement Area") for the purpose of permitting the City, and its employees, agents, contractors, consultants, to inspect, monitor, maintain, repair and replace the Facilities. 5. Facility Inspections 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 of ingress and egress to the Easement Area 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 SWMP and any amendments thereto approved by the City and all other applicable laws. 6. No Barriers. While this Agreement is in effect, Covenantor shall not erect, nor permit to be erected, any building or structure of any kind within the Easement Area, nor shall Covenantor fill or excavate within the Easement Area without 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. 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 Covenantor shall commence and complete corrective action as soon as possible following receipt of notice from the City), Covenantor fails to correct any defect in the Facilities in accordance with the approved design standards, the SWMP, the Ordinance, and all other applicable state, federal, and local laws, rules, and regulations, or Covenantor otherwise fails to comply with the maintenance and repair obligations set forth in the SWMP 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 enter the Easement Area for the purposes of maintaining and repairing the Facilities at Covenantor's expense, and Covenantor 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 -3- costs are not paid within the prescribed time period, the City may assess Covenantor the cost of the work, and said assessment shall be a lien against the Prope1ty 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. 8. Indemnity. The Covenantor shall defend, indemnify, and hold the City and its elected and appointed officers, officials, employees, agents, representatives, contractors, vendors and consultants (all of the foregoing, the "Indemnitees") harmless from and against any and all claims, demands, liabilities, losses, actions, causes of action, suits, judicial or administrative proceedings, damages for personal injury, bodily injury, death and property damage, costs and expenses, including without limitation reasonable attorneys' fees, arbitration fees or costs, and court costs, penalties, deficiencies, fines, orders, and damages (all of the foregoing, "Claims"), arising out of or related to, or alleged to arise out of or be related to, the ownership, operation, use of the Property or the construction, operation, maintenance, or failure to maintain, the Facilities, except to the extent that any such Claim arises from the gross negligence or willful misconduct of the City or any Indemnitee. Notwithstanding the foregoing sentence, Covenantor shall be required to defend City and the Indemnitees against any and all Claims, regardless of the extent to which (or if at all) City or any Indemnitee has contributed or is alleged or found to have caused or contributed to such Claims. Covenantor's indemnity obligations shall apply regardless of whether any City insurance policies, self-insurance or joint self-insurance has been determined to be applicable to such Claims and regardless of whether or not City has prepared, supplied or approved of plans and specifications for the construction, installation, maintenance, repair or replacement of the Facilities. 9. Obligations and Responsibilities of Covenantor. Initially, the Covenantor 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 Covenantor 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. 10. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the Property or any part thereof by the Covenantor to subsequent owners and assigns. 11. 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 -4- promptly shall so notify the Covenantor or its successors and/or assigns in writing, and at the written request of the Covenantor, the City shall execute a termination and release of this Agreement which the Covenantor shall cause to be recorded in the Official Records at Covenantor's sole expense. 12. 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 I 0300 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: Cupertino Property Development II, LLC 19620 Stevens Creek Blvd., Ste.200 Cupertino, CA 95014 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. -5- 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 of laws 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 Covenantor 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 SWMP, 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 Covenantor 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 Covenantor'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 Covenantor nor any of its contractors, employees or agents shall be deemed to be agents of City in connection with the performance of Covenantor'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 Covenantor (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 -6- 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. Covenantor, 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. Covenantor shall pay, when due, all persons furnishing labor or materials in connection with any work to be performed by or on behalf of Covenantor related to the Facilities, and shall keep City's interests in the Easement Area free and clear of any related mechanics' liens. 12.13 Joint and Several Liability. If Covenantor 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) -7- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. ATTEST: <&µe.~4# COVENANTOR: Cupertino Property Development II, LLC, a California limited liability By: Monterosso LLC, a California limited liability company, its Manager By: A~///~ Manager (Notary acknowledgment to be attached) CITY: CITY OF CUPERTINO, a municipal corporation By:~ - Name: 1 1 l1V\v........ 5.,,..r~ Title: )>, ~~ o-t i? v\.:>\~C: We<-< k:. 5 (Notary acknowledgment to be attached) / -{ ( -( h , city clerk APPROVED AS TO FORM: ~ -~1~· ..... ~-~~7/~.-.-. ___ ,City Attorney -8- } , before me, STACIE L. IKEI {v(. .if £~ (here insert name l~f notai:1~ personally appeared ----~-'---'--'--.1_.i ___ tJ _____________________ _ (name(.s) ofSignerM) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/am subscribed to the \vithin 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 instmment. ti reo-1r My Comrnission Expires: ______ _ This area for Official Notarial Seal NOTARY PUBLIC CERTIFICATION Doc. Date: ().)Jt daJ-f-d! p #Pages: _____ _ Judicial Circuit:__,(J!_ff:: ___ _ Notary Signature: Date: {;z ISf ALL PURPOSE ACKNO\VLEDG1\/1ENT 10-1770 (HI) (Rev. 7/09) 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 ~"'"' +"' c I Ot. r e, On J9v.v,._r7 /I, 2.-A>I' beforeme, kJrs+eh /{_e.n~e_ ~<.1Ct.vcic..;Nof""-'"'( fvbf•c, Date Here Insert Name and Title of the Officer ...-.---:/ • f\ J personally appeared _____ __,__._I _"h'-'--'Wr-'-'--=ts''--""-"-'f?f_ .e_~"'----------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoh(5J whose name.(sj'Js/are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in his/her/their authorized capacity(i.e~. and that by J].§./her/their signatur~ on the instrument the persol).(Ef, orthe entity upon behalf of which the personfer acted, executed the instrument. KIRSTEN RENEE SQUARCIA Commission # 2080884 <z .... ; Notary Public -California ~ . ~ z -. Santa Clara County ~ J. ...... Ml 8°:T· Pi't:s.as J·J~1 t l 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~ ~~ Signature of Notary 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: ltzree-"/l')e") f-Document Date: '/)e_c. rs I 2--o tS- Number of Pages: B Signer(s) Other Than Named Above: f)"'n·i' e fol. H. Cho.."' Capacity(ies) Claimed by Signer(s) Signer's Name:------------Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -0 Limited D General D Partner -D Limited 0 General D Individual 0 Attorney in Fact D Individual 0 Attorney in Fact D Trustee 0 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 CERTIFICATE OF ACCEPTANCE The interest in real property conveyed by the Stormwater Management Facilities Operation, Maintenance and Easement Agreement attached hereto dated D-icem.klft .(, 20/S., entered into by and betweenCuffflh" '~J)Jb\),~~WiL~~llc, and the City of Cupertino, a municipal corporation, 1Sherebya~ by the C ty of Cupertino by its authorized representative pursuant to authority granted by Resolution No. 11-175. CITY OF CUPERTINO, a municipal corporation: Date ! /ee/!~ By:~ llll111I3Jiien:ector of Public Works Exhibit A PROPERTY (Attach legal description of the Property.) . --·--------- l.EGAL Ol:SCRIPTION 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: Pa reel XVII; P<'!rcel B as shown on that certain Parcel Map filed for record In the Office of the Recorder of Santa Clara County on August 1, 2006 In Book 804 of Maps at Pages 22 and 23. APN: 316-20-092 2 CLTA Prellmlnaty R~poll form • Moilin~d (11/17/06) I, I I· I 1: , I Exhibit B EASEMENT AREA (Attach diagram and legal description of Easement Area.) EXHIBITS STORMWATER MANAGEMENT FACILITY EASEMENT AN EASEMENT OVER THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF PARCEL B AS SHOWN ON THE PARCEL MAP OF THE LANDS OF VALLCO FASHION PARK, FILED IN BOOK 804 OF MAPS AT PAGES 22 AND 23, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL1 COMMENCING AT THE MOST EASTERLY CORNER COMMON TO SAID PARCEL BAND PARCEL A AS SHOWN ON SAID PARCEL MAP; THENCE WESTERLY ALONG THE GENERAL SOUTHERLY LINE OF SAID PARCEL B THE FOLLOWING TWO (2) COURSES: 1) SOUTH 88°54'46" WEST, A DISTANCE OF 55.94 FEET; 2) SOUTH 86°05'45" WEST, A DISTANCE OF 118.85 FEET; THENCE LEAVING LAST SAID LINE, NORTH 3°54'15" WEST, A DISTANCE OF 1.11 FEET TO THE POINT OF BEGINNING; THENCE NORTH 85°49'54" EAST, A DISTANCE OF 41.94 FEET; THENCE NORTH 86°45'38" EAST, A DISTANCE OF 46.52 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1.80 FEET, THROUGH A CENTRAL ANGLE OF 180°00'00", AN ARC DISTANCE OF 5.66 FEET; THENCE SOUTH 86°45'38" WEST, A DISTANCE OF 46.55 FEET; THENCE SOUTH 85°49'54" WEST, A DISTANCE OF 41.97 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1.80 FEET, THROUGH A CENTRAL ANGLE OF 180°00'00", AN ARC DISTANCE OF 5.66 FEET TO THE POINT OF BEGINNING. CONTAINING 329 SQUARE FEET, MORE OR LESS. PARCEL 2 COMMENCING AT THE MOST EASTERLY CORNER COMMON TO SAID PARCEL BAND PARCEL A AS SHOWN ON SAID PARCEL MAP; THENCE WESTERLY ALONG THE GENERAL SOUTHERLY LINE OF SAID PARCEL B, SOUTH 88°54'46" WEST, A DISTANCE OF 25.59 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 88°54'46" WEST, A DISTANCE OF 30.01 FEET; THENCE LEAVING LAST SAID LINE, NORTH 0°30'10" EAST, A DISTANCE OF 23.89 FEET X:\P\214010\SURVEY\Mapping\Exhibits\214010 HYATT STORM Exh B.docx THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 18.00 FEET, THROUGH A CENTRAL ANGLE OF 60°46'25", AN ARC DISTANCE OF 19.09 FEET; THENCE NORTH 60°16'15" WEST, A DISTANCE OF 50.51 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 69°31'23", AN ARC DISTANCE OF 72.80 FEET; THENCE NORTH 9°15'08" EAST, A DISTANCE OF 75.53 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 56.00 FEET, THROUGH A CENTRAL ANGLE OF 47°40'26", AN ARC DISTANCE OF 46.60 FEET; THENCE NORTH 34°17'01" WEST, A DISTANCE OF 18.39 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIAL BEARING OF SOUTH 34°17'01" EAST AND A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 22°16'02", AN ARC DISTANCE OF 27.20 FEET; THENCE SOUTH 33°26'57" WEST, A DISTANCE OF 7.05 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1.80 FEET, THROUGH A CENTRAL ANGLE OF 155°27'04", AN ARC DISTANCE OF 4.88 FEET; THENCE NORTH 8°54'02" EAST, A DISTANCE OF 27.28 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 82.00 FEET, THROUGH A CENTRAL ANGLE OF 29°25'59", AN ARC DISTANCE OF 42.12 FEET; THENCE ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, THROUGH A CENTRAL ANGLE OF 96°02'16", AN ARC DISTANCE OF 8.38 FEET; THENCE SOUTH 45°37'44" EAST, A DISTANCE OF 2.76 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 10.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 15.71 FEET; THENCE NORTH 44°22'16" EAST, A DISTANCE OF 4.76 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 5.50 FEET, THROUGH A CENTRAL ANGLE OF 75°23'18", AN ARC DISTANCE OF 7.24 FEET; THENCE SOUTH 60°14'26" EAST, A DISTANCE OF 48.80 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2.60 FEET, THROUGH A CENTRAL ANGLE OF 161°16'48", AN ARC DISTANCE OF 7.32 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 105.70 FEET, THROUGH A CENTRAL ANGLE OF 15°02'15", AN ARC DISTANCE OF 27.74 FEET; THENCE SOUTH 8°19'15" WEST, A DISTANCE OF 50.06 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIAL BEARING OF SOUTH 17°59'23" EAST AND A RADIUS OF 34.00 FEET, THROUGH A CENTRAL ANGLE OF 11°21'21", AN ARC DISTANCE OF 6.74 FEET; X:\P\214010\SURVEY\Mapping\Exhibits\214010 HYATT STORM Exh B.docx THENCE ALONG THE ARC OF A COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 14.00 FEET, THROUGH A CENTRAL ANGLE OF 42°56'25", AN ARC DISTANCE OF 10.49 FEET; THENCE SOUTH 17°42'50" WEST, A DISTANCE OF 52.16 FEET; THENCE SOUTH 9°15'08" WEST, A DISTANCE OF 38.91 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, THROUGH A CENTRAL ANGLE OF 69°31'23", AN ARC DISTANCE OF 41.26 FEET; THENCE SOUTH 60°16'15" EAST, A DISTANCE OF 80.80 FEET; THENCE SOUTH 0°30'10" WEST, A DISTANCE OF 47.19 FEET TO THE POINT OF BEGINNING. CONTAINING 11,509 SQUARE FEET, MORE OR LESS. THE LAND DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT, "EXHIBIT B" AND IS BY REFERENCE MADE A PART THEREOF. END OF DESCRIPTION THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION PURSUANT TO THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT. CHRISTIAN CINTEAN, PLS 8941 X:\P\214010\SURVEY\Mapping\Exhibits\214010 HYATT STORM Exh B.docx ~ GRAPHIC SCALE / ~ 0 10 20 30 40 I~ J, ~ I ' (11\,j,.o<S 1 inch = 40 ft. I ~, ~0 8$-?, I /\ f ~ , , ~ O,y11\t,t, fl > I ~ ~ I ' PARCEL2 I I I STORMWATER MANAGEMENT (J FACILITY EASEMENT \_ AREA=11,509± S.F. (SEE DETAIL SHEET 2 OF 2) I s11·42'5o"w 52.16' PARCEL 8 804 M 22-23 f;fl !,()" "' ~ti..i, J§ ~ ~, ""--v-S9'15'08"W 38.91' Y. ~(:-' ~ I") II t0 N \ -..J &~-~ ~ ~ • '6ln ~ O~ lY. lO ~ -~. ~ CURVE TABLE CURVE # LENGTH RADIUS DELTA C1 5.66 1.80 180'00 1 00" 0~~ /~~ -3\ \;.co, ~ ) ,.--..... v.,_ VO I .5.) %, ~76', "'-~ ?s,, * ,¢" O'o. '--&o 76', ·&o, C2 5.66 1.80 180'00 100" C3 19.09 18.00 60'46 125" PARCEL1 STORMWATER MANAGEMENT FACILITY EASEMENT Sn ?s,, -...;;.<..r ~-"' "'yso::10·1o·w 47.19' AREA=329± S.F. S85'49'54"W 141.97' POINT OF BEGINNING I C2 C3~ S88'54'46''W 30.01' N0'30'10"E 23.89'-.... \ I POINT OF BEGINNING S86'45'38"W 46.55' "f S88'54'46"W 25.59' __ _...--c1 I POINT OF ~~~= ,.,._...J. -__../'----S88'54'46"W COMMENCEMENT 118.85 , N86'45'38''E 46 52' 55·94 NS54'15"W I 1. 11' ,{TIE) ] NB5'49'54''E 41.94' . PARCEL A 804 M 22-23 PARCEL THREE 22747807 O.R. i PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT B ~----------------------------------... D-AT-E:mlllllJ!lll!B~5~15~S~T·o~RM .. W~A~T-ER~M~A~N~A·GE~M~E~N~T .... -s-Hm __ ... J • SAND IS/ s,•u.'v.~.~ •• ~~.".•',"1111 SCALE: 1"=40' FACILITY EASEMENT f u DRAWN BY: cc PARCEL B 1 6 ~~~-!ii 936 E. DuaneAve. J Sunnyvale, CA 94085 I P. 408.636,0900 I F,408.636.0999 I www.sondls.net WIW ING NO.: 804 MAPS 22-23 ~ 214010 UPE TINO OF 2 SHEETS SUNNYVALE ROSEVILLE OAKLAND Copyright © 2015 by Sandis / I I N8'54'02''E-... I 27.28' "I I I I I I I N44'22'16"E 4.76' S45'37'44''E 2.76' L=27.20, R= 70.00 l:l-22'1~2" .,A\I :r?, -\' -::'.::. ~'ff~ / -~fo GRAPHIC SCALE ~o 1 inch = 20 ft. ......... -.....;:-~:6014'26''£ 48.80' ~ ~~~~~o~ I ~ L~_15·ot1s" ~ PARCEL2 I~ STORMWATER MANAGEMENT ·" FACILITY EASEMENT Q) I~ AREA=11,509± S.F. CURVE TABLE I Curve# Length Radius Delta I C4 50 / {§>~ of~ c:::,-1.-$> S(3'26'57"W 7. 05' ;JI~ c 2>d' --.\ C1 7.32 2.60 161'16 148" C2 6.74 34.00 011 '21 '.21" !1 // /;\ 'I., 1/1 '- / PARCEL 8 d /bJ~l;j I 804 tv1 22-23 ,cs t;j I·~ I ~~ /~ u-CJ 10.49 14.00 042 '56 '.25" <.D N 155'27'04" C3 G-1,,_ C4 4.88 1.80 \T\ ,,.---... C5 8.38 5.00 096V2'16" "Al ...___,, C6 15.71 10.00 090'00'00" Cl 7.24 5.50 075'23'18" PLAT TO ACCOMPANY LEGAL DESCRIPTION 2 SUNNYVALE ROSEVILLE OAKLAND OF 2 SHEEJS Copyright © 2015 by Sandis OAK #4824-0168-6049 v4 Exhibit C FORM OF MAINTENANCE INSPECTION REPORT (to be inserted) EXHIBITC Bioretention Area Inspection and Maintenance Checklist Property Address: 10380 Perimeter Rd, Cupertino, CA Property Owner: KCR Development Treatment Measure No.: Date of Inspection: ____ _ Type of Inspection: o Monthly o Pre-Wet Season o After heavy runoff o End of Wet Season lnspector(s): --------------o Other: _______ _ Defect Conditions When Maintenance Is Maintenance Comments (Describe maintenance Results Expected When Needed Needed? (Y/N) completed and if needed maintenance was Maintenance Is Performed not conducted, note when it will be done) 1. Standing Water Water stands in the bioretention area There should be no areas of between storms and does not drain standing water once storm event within 2-3 days after rainfall. has ceased. Any of the following may apply: sediment or trash blockages removed, improved grade from head to foot of bioretention area, or added underdrains. 2. Trash and Debris Trash and debris accumulated in the Trash and debris removed from Accumulation bioretention area. bioretention area and disposed of properly. 3. Sediment Evidence of sedimentation in Material removed so that there is no bioretention area. clogging or blockage. Material is disposed of properly. 4. Erosion Channels have formed around inlets, Obstructions and sediment removed there are areas of bare soil, and/or so that water flows freely and other evidence of erosion. disperses over a wide area. Obstructions and sediment are disposed of properly. 5. Vegetation Vegetation is dead, diseased and/or Vegetation is healthy and attractive overgrown. in appearance. 6. Mulch Mulch is missing or patchy in All bare earth is covered, except appearance. Areas of bare earth are mulch is kept 6 inches away from exposed, or mulch layer is less than 2 trunks of trees and shrubs. Mulch is inches in depth. even in appearance, at a depth of 2 inches. 7. Miscellaneous Any condition not covered above that Meets the design specifications. needs attention in order for the bioretention area to function as designed. Bioretention Area Maintenance Plan -Page 3