17-019 Maintenance Agreement, 22430 Cupertino Rd APN 326-50-070, Document No. 23595153t'
.-.
RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre A venue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
23595153
Regina Alcomendras
Santa Clara County -Clerk-Recorder
03/03/2017 10:56 AM
Ti lles: 1
Fees : 10.00
Taxes : 0
Total : 0 . 00
Pages: 9
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MAINTENANCE AGREEMENT
22430 Cupertino Road, Cupertino CA
APN 326-50-070
Koriginal
D For Fast Endorsement
RECORDED AT THE REQUEST OF )
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WHEN RECORDED RETURN TO: )
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SPACE ABOVE FOR RECORDER 'S USE ONLY
MAINTENANCE AGREEMENT
22430 Cupertino Road
APN 326-50-070
' 2.. --IA.., THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this -1...=_}
day of f d;;ini cq , 20J..l Ali Reza Paknahal and Motahareh Mesbahi, husband and wife, as
community property with right of survivorship, ("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 22430 Cupertino Road located 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 a llocate the costs of maintenance, repair and
replacement between Declarant and the City of certain improvements, including decorative walls
and columns that are situated on real property owned by City along 22430 Cupertino Road, 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 patties 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, a nd 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.
2. Responsibility for Cost of Repair, Replacement and Maintenance: Declarant, or its
successor in interest, shall, at its sole cost and expense, mainta in, repair, replace, remove and keep
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in excellent, like new condition all improvements, including paver blocks, decorative walls and
columns , located on the portion of the City's prope1iy that abuts and fronts the Project ("the
Frontage Area of the Project") along 22430 Cupertino Road, to back of curb line, excepting
therefrom the standard public sidewalk abutting the property line of the Project which shall remain
the maintenance responsibility of the City.
3. Definitions of Repair, Replacement and Maintenance: The repair, replacement and
maintenance to be undertaken and perfonned under this Agreement shall include all work necessary
to maintain the Frontage Area of the Project described in paragraph 2 in excellent, like new 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. 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, the removal, and any particular other matters relating to the
Frontage Area of the Project shall be detennined by the City. The City maintains the right to have
the private facilities located in the Frontage Area of the Project removed at the sole discretion of
the City Engineer. The City may have the Declarant remove said facilities at the Declarant's sole
cost expense, or may pennit other entities to remove the facilities. The City is not responsible for
replacement of said facilities after removal.
5 . Indemnity: Declarant shall, to the fullest extent allowed by law, defend, indemnify, and
hold hannless 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 2 . 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 te 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 .
8. Further Documents : The parties covenant and agree that they shall execute further
documents and in structions as shall be necessary to fully effectuate the te1ms and provisions of this
Agreement.
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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 w1itten
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 y ear first above written.
DECLARANT: , °/
By: ~ffe ~~ ~ (notaryacknowledgementattached)
Ali Reza Paknahal
CITY OF CUPERTINO
By~~
--Name~\M.,v---,...~~c d.,~
Title:\?il(t:.,~ ~f t~b\ ;c \;<) 0-r-k:.5
Approved as to Form
MA
City Attorney
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Exhibit A
All that certain real property situate in the City or Cupertino, County of Santa Clara, State of California, described as follow:.;:
All that certain real property being a portion of Lots 3 and 19, and all of Lot 19A and as shown on Map of Inspiration Point, Manta
Vis la, llled April 11, 1917 in Book P of Maps, at Page 18 , Santa Clara County Records, described as fo llows:
Beginning at the Northwest corner of said Lot 19A on the South line of Cuperiino Road, (formerly Stevens Creek Road); thence S.
o• O' E. 138 feet, more or less, along the West line of said Lots 19A and 19 to the Northwest comer of Parcel 4, as shown on Pa rcel
Map filed January 30, 1995 in Book 662 of Maps, at Pages 21 and 22, Santa Clara county Records; thence along the North tine of
said Parcel 4, Sag• 53' E. 95 .38 feet to a point; thence N. 15' 22' !55" E. 55.05 feet to a point; thence N. r O' W. 84.89 feet to the
South line of said Cupertino Road; thence along said South line (also being the North line of said Lots 3 and 19A) N. 89° 53' W.
110 .00 feet, more or less, to the point of beginning and being the "Remainder L. Gaviglia 14, 792 sq , feet." parcel shown on Parcel
Map filed January 30, 1995 in Book 662 of Maps at Pages 21 and 22, Santa Clara County Records.
EXCEPTING THEREFROM the underground water rights, with no rights of surface entry, as granted to the City of Cupertino,-a
municipal corporation, by document recorded November 29 , 1994, recorder's Serles No. 12733660, Official Records .
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 J' <t...., -hi c./ .,..___.,,
before me ,fv,-;/e.....ku. J?,,.,.,.rc/-. /Jo½ fv6/ic.
(insert name and title of the bfficer)
personally appeared A / ,' /la 2-~ /J Ct i n c. l "'-I
who proved to me on the basis of satisfactory evidence to be the person (.s? whose name0') is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/he r/their authorized capacity ~, and that by~her/their signatu re ~ 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.
KIRSTEN RENEE SOUARCIA
WITNESS my hand and official seal. co·mmission # 208 0884
i -• Notary Public -Ca li fornia !
z Santa Clara County ~ t • ~ o o o MJ goa,ir -oEx£i[?s.°s J,}~1 i l
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 California1 /' (
County of Sci."~ LL C< ....--;
On /cl. · 13 ( '"l-c./?-before me ,k, ;.s -fe"' /2iuie~ {i v~rc/'1,,/f./,, fu,'I f,A=,Jil
(insert name and title of the officer)
personally appeared ;t1 o +r1t !t~ ,.~t, J/l~s (,, '\ C.., ·
who proved to me on the basis of satisfactory evidence to be the person~ whose nameM.is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/~heir authorized capacity(~). and that by his/~their s ignature,'81 on the instrument the
person(~. or the entity upon behalf of which the person(.8? 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.
Signatu,.t;,& ~~(Seal)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF 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
On [A--t? l5 '2,..-0t ':\-before me, )u vtA IL I N"?T No--ho..1A~ ~
c (Here insert name ana t1t1 e or tne omcer) \J
personally appeared :n \.,...,, .... ~ fau-a,,t.c/\
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.
J. JULIA KINST ' j Notary Public • California '
~ Santa Clara County I Commission# 2177456 I
,. 0 0 0 0 ,Ml t0T'2:' t•tri•t•sv.2t21
(Notary Public Seal)
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"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 February 13, 2017 from
22430 Cupertino Road, Cupertino CA
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:
By:
February 21, 2017
Lauren Sapudar
Senior Office Assistant