97-062 City Center Apartments I-covenant running with the land •
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DOCUMENT: 13817317 Titles: I / Pages: 3
Order
II II III III I I 1111 I I II II TFees. . . .
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EscrowNo.
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Loan No. AMT PAID 13,00
WHEN RECORDED MAIL Tb:
/ City of Cupertino BRENDA DAVIS RDE # 010
10300 Torre Avenue SANTA CLARA COUNTY RECORDER 8/15/1997
Cupertino, Ca. 95014 Recorded at the request of 2:44 PM
First American Title Company
AGREEMENT AND COVENANT RUNNING WITH THE LAND
This agreement is entered into on June 12, 1996, by and between Cupertino
City Center Apartments II ("CCCII") , a California limited partnership and
the City of Cupertino ("City" ) regarding the proposed 120 unit rental
condominium project ("Project") located at the Southeast quadrant of
Stevens Creek and DeAnza Boulevards, situated in the City of Cupertino,
County of Santa Clara, State of California, more particularly described in
Exhibit "A" attached hereto and made a part hereof.
As a condition of approval of said project, CCCII has paid park fees equal
to $254,016.00, which represents payment in full for all park dedication
fees due at this time. The $254,016 payment represents the park fees of
$508,032.00 multiplied by one-half (1/2) because of its credit for its on-
site park amenities. It is understood and agreed that as a condition
precedent to the payment of such fee, the City required that said project
be operated as apartments.
In the event CCCII, its respective successors, transferees, heirs, and
assigns, choose to sell the project or individual units as condominiums, it
is agreed that within ten (10) business days after receipt of the final
White Report from the Department of Real Estate permitting the sale of the
unit(s) in the project as condominiums, CCCII, its respective successors,
transferees, heirs and assigns, shall pay a fee calculated as follows: one-
half (1/2) of the park fee in effect in the City at that time for the
condominiums to be sold minus the credit for the previous park fees of
$254,016.00.
The foregoing obligations shall be covenants running with the land and a
statement of this deed restriction shall be recorded and said obligations
shall be binding upon the parties hereto and their respective successors,
transferees, heirs, and assigns.
CUPERTINO CITY CENTER APARTMENTS II,
a California limited partnership
By: SUNSET RIDGE DEVELOPMENT CO. , INC. ,
a California corporation, its general partner
1.
By:
Jaclyn B. Safier, Vice President
Date: June 12, 1996
1
•
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN MATEO )
On June 12, 1996, before me, the undersigned
personally appeared Jaclyn B. Safier, personally
known to me (or proved to me on the basis of _ _ ---
satisfactory evidence) to be the person whose r =�•r,. _ -
name is subscribed to the within instrument and o .,>is�t��`�,• MsrOu®rlt® GdUVin�
(� COMM.#1033160
acknowledged to me that she executed the same _ f'9MNOTARYPUSUO-CALIFORMAI
in her authorized capacities and that by her '���`1fr'1R% EATEOCOUNTY
signature on the instrument, the person or the Pres July 27, 1998 .a
entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
0/46..07.14ALA 902444-v1/4-1
Notary eublic SEAL
CITY OF C' "ERTI; •
tart
By:
Date: ' q , 1996
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA )
Onc-21/6,7-c..2_ /1 , 199_7_, bef re me, ////
the undersigned, personally appeared rf Vick utC A
personally known to me ( ov d tome on the basis.ni
saeaet- ce.l to be the person(pe) whose name
is/arc subscribed to the within instrument and acknowledged
to me that heish.el-they executed the same in hist-1eI^ 'r
authorized capacity(ioc) , and that by his/hrara4their-
signature* on the instrument the person4) or the
entity upon behalf of which the person(%) acted,
executed the instrument.
cerroccpco4-494:osc94x941.944:94-otx cx�cc2c
WITNESS my hand and official seal. RANN WOLFE
y '�
omm.CComm. No. 996834 r
NOTARY PUBLIC.CALIFORNIA v
-°� SANTA CLARA COUNTY r
/1—KyC/yr (2�r�R/," `-'�—/ �' My Commission Expires June 11,1997� �� � �� ��Public / SEA GnGma2Gm
2
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as
follows: •
Lot I as shown on that certain Parcel Map filed in the Office of the Recorder of the County of Santa
Clara,State of California on 411434 ISt lit? in Book‘4X of Maps, page(s) S'1 * Jf SS .