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17-033 Maintenance Agreement, Cupertino Property Developmnet I, LLC, 19800 Vallco Parkway, APN 316-20-108RECORDING 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 23618192 Regina Alcomendras Santa Clara County -Clerk-Recorder 04/06/2017 09:35 AM Ti lles: 1 Fees: 10 .00 Taxes : 0 Total : 0 . 00 Pages: 9 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MAINTENANCE AGREEMENT 19800 Valko Parkway, Cupertino CA APN 316-20-108 )'f 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 13, 2016, from 19800 Vallco Parkway, 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: March 24, 201 7 auren Sapudar Senior Office Assistant RECORDED AT THE REQUEST OF ) And ) WHEN RECORDED RETURN TO: ) ) ) ) ) SPACE ABOVE FO R RE CORDER 'S US E ONLY MAINTENANCE AGREEMENT 19800 Vallco Parkway APN 316-20-108 THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this \ ~ day of Of lQ ifj,v , 2016, Cupertino Property Development I, LLC, a California limited liability company , ("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 Rosebowl is located at 19800 Valko Parkway within the City of Cupertino ("City"), County of Santa Clara, State of California. B. As set forth , the prov isions 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 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 19800 Valko Parkway in front of the Project, and to establish ce11ain criteria and procedures for the accomplishment 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 parties having or acquiring any right, title or interest in the real property described in Exhibit "A " or any po1tion and shall be for the benefit of each owner of an):'. of the arcels or any_portioJLof t_be property_and_sha1Linure_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 be, and shall be construed as equitable servitudes, enforceable by any of the owners of any of the property subject to this Agreement against an y other Owner, tenant or occupant of the property, or any portion . 109\1411002.2 1 2 . Responsibility for Cost of Repair, Replacement and Maintenance: Declarant, or its successor in interest, shall , at its sole cost and expense, maintain , repair, replace , and keep in excellent, usable condition all improvements, any non-city standards sidewalk pavements, irrigation , and landscaping located on the portion of the City 's property that abuts and fronts the Project ("the Frontage Area of the Project") along I 9800 Vallco Parkway to back of curb line, excepting there from the standard public sidewalk abutting the property line of the Project which shall remain the maintenance responsibility of the City. Exhibit "B " shows the portion of the City's property for which Declarant is responsible for maintenance 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 Frontage Area of the Project described in paragraph number two and delineated on Exhibit "B" in excellent, 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 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 Project shall be determined by the City. 5. Indemnity: Declarant 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 "B" These costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other cost and fees oflitigation. This indemnity does not cover claims, liabilities , actions , causes of action, and damages that arise out of the sole negligence of City's employees, agents, representatives , contractors, vendors or consultants. 6. Insurance Requirements. 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 paFtyJflt ire-action or aroitration shall 15e entitlea-o reasona 5le 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 instructions as shall be necessary to fully effectuate the terms and provisions of this Agreement. 109\1411002.2 2 9. Entire Agreement: This Agreement constitutes the entire agreement of the patties with re s pect to the subject matter contained herein and supersedes all prior agreements , whether written or oral. There are no representations , agreements, arrangements or unde1takings , oral or written , which are not fully expressed herein . 10. Severability: In the event any pa1t or provision of this Agreement shall be detennined 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 pa1t 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. E xecuted the day and year first above w ritten. DECLARANT: Cupe1iino Property Development I, LLC , a California limited liability company By: Edward Chan nt attached) 109\1411002.2 3 CITY OF CUPERTINO B~::..,:...-- Name:~ V"<\. ~ e>v ~:'.7 Title}> rL<-bcJ-f ~\o k, Wo--rk..5 --Approved as t0 Ferm --- & {?Randolph Stevenson Hom, City Attorney 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 Cal iforni a ) county of i' AN 1 A C L-Pr{'-A ) On b ·G-t:~~13~ 13 )..o lb before me, ~A~· ~>J_1i ...... "f+._u~IJ_y_·T._. _L_G_,_E:--t- 1 _N_O_,__J/l~fl~'t~P_u_B_L_i_c._ Date Here Insert Name and Title of the Officer persona11y appeared _E-_--_J)_w_A_R_])~· _C_l-{_-A_J ________________ _ Name(s) 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. 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 ~~?, ~ sb,;atureofotary Public ----------------oPTTONAL---------------- 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: i?}/l J;...rrr::-tJA-/JC.;[: /lra~n,,:&,.Jf Document Date: t.J-/t ?:.bo ~6 l I Number of Pages:,------Signer(s) Other Than Named Above: -.:::===========:,,_ ____ _ _ Capacity(ie_s)_Claimed~by_Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title( : ______ _ D Partner -D Limited General D Individual D torney in Fact D Trustee Guardian or Conservator D Other:--,-<-------------- Signer Is . Signer's Name: -------,..-c-------- O Corporate Officer -Title D Partner -D Limited D Individual ttorney in Fact D Trustee D Guardian or Conservator D Other: ---,,,,c-------------- Signer I • ©2 014 National Notary Association · www.NationalNotary.org • 1-800-US NOTARY (1 -800 -876 -6827) Item #5907 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: Parcel 1, as shown on Tract No. 10044 filed for record on December 13, 2012, in Book 857 of Maps, Pages 48 to 50, Office of the Recorder of the County of Santa Clara, State of California. L LANDSCAPING AREAS RX? HH1i DEa.ARANT IS RESPOOBI.£ f(R UA/NlfNANCE PER JIAJNlfNANCE A<HEMENT OOCUIENT )> tJ 'lJ 0 :z ~ u.) :z -0 m· l_ l\J (i) 0 (Jl l'--J. 0 '-.J. u.) u.) '-.J.- 0 0 '7.7. ~ ["1.l. -~ --- tJ )> 0 'lJ n :z . u.) ~ m· lt\J No 0 u.) ---{ I ,t:. l.;s.. Q _N ______ _ u.) u.) OJ u.) OJ SH ANO RECYC/.JNG RECEPTAa.ES f(R JIii/CH DEa.ARANT IS RESPOOBI.£ f(R UAJNTENANCE PER UAINTENANCE AfHEJENT IXx:IM£NT PLAT TO ACCOMPANY MAINTENANCE AGREEMENT NOTE PER ITEM /2 OF THE MAINTENANCE AGREEJIENT, THE STANDARD PUBLIC SJOEWA1K ABUmNG THE PROPERTY UN£ OF THE PRD.ECT SHALL REMAIN THE MAINTENANCE RESPONS/BIUTY Of THE CITY. .--. ~uv,,ISCAP/NG AREAS RX? YHCH DEa.ARANT IS RESPOOBI.£ f(R UA/NlfNANCE PER UAINTENANCE AGREEUENT f)()QJl,l£NT ~ S A N D I S I :~:::!::·:"" ~.:, :,~:~,~~ ~~,:~~~: 700 s winchester Blvd Su ite 200, Campbell, CA 95008 1 P 408 636 0900 I F. 408 636 0999 1 www sand 1s ne :i:: ~: DJW CUPERTINO, CALIFORNIA SHEET l SILICON VALLE Y TRI -VALLE Y CENTRAL VALLEY SACRAMENTO EA ST BAY , SF 208009 OF ] SHEETS X:\P\208009\ENG\Exhibit\Mointenonce Agreement Exhibit\EXHIBIT B.dwg 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 S~ ~ } On ~ 2----E;, "'2.-c>l 1"' before me, -J U.,L-l {'>,-(~e ~n~rt:r:a~d t,tl e~t~~ ~d.,Q..,t\ personally appeared J\ .,..,.__.,.,.__ 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. .I. JULIA KINST t J Notary Pubtlc • California I Slflll Clara County ~ Commi11lon # 2177456 ~ , Mw Comm . Exllru J11125 202 1 t (Notary Public Seal) . INSTRUCTIONS FOR COMPLETING nns FORM ADDITIONAL OPTIONAL INFORMATION Th is fo rm co111p/ies with c urren t California s /a/u/es regarding n o /at)" wording and , DESCRIPTION OF THE ATTACHED DOCUMENT if needed, sho uld be co111pleted and a 11ach ed 10 th e d ocument. Acknowledgmen ts , l h ~ fro m other states may be co111p le ted for docu111 en ls being sent to that stale so long t"\~ c,...lJ-_ as the wording does 110 1 req uire 1he Cal iforn ia 11 01a 1y lo viola te Ca lifornia 110/wJ· ) " i CJO 'i u--Ll U) ~ lmv. (TiU e or de sc ription of attac hed doc ument~ • State and Co unty in fonnat ion must be th e State and Coun ty where th e docum ent fr,p N :ii(~ . l{) , ( () l signer(s) perso na ll y a p peared before the notary p ublic fo r ac kn ow led gment. • Date of nota ri za ti on must be th e date th at th e signer(s) personall y a ppea red whi ch (TiU e or description of attached doc um ent con tinu ed) mu st a lso be th e same d ate the ackn owledgment is compl ete d . lo • l l 1e no tary p ubl ic must p1in t hi s or her name as it appears w ith in hi s or her Number of Pages __ Document Date (1., • I? 4 commi ss ion fo ll owed by a comm a and th en your titl e (notary public). CAPACITY CLAIMED BY THE SIGNER ~ Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) o Other _________ _ 2015 Version www NotaryClasses com 800-873-9865 • P1i nt th e name(s) of doc um ent sig ner(s) who pe rsona ll y appea r at th e tim e of notari za ti m.,___ ----- • Indi ca te th e co rrect s in g ul ar o r plu ra l fo nns by crossing o ff in correct fonn s (i.e . he/she/they, is /are) o r c irc lin g th e co ITect fo nns. Fa ilure to correc tl y indi cate thi s in fo nnati o n may lea d to rej ec tion of docum ent recordin g. • ll1 e notaiy sea l im press ion must be c lear and ph otogra phicall y reprod uc ible. Impression must not cover tex t or li nes. If sea l im press io n smudges, re -sea l if a suffici ent area pennits, otherw ise co m plete a d ifferent acknowledgmen t fonn . • Signatu re of th e no ta1y pu bli c mu st match th e s ig nature on fil e wi th th e office of th e cou nty c lerk. •:• Add iti o nal in fo nnatio n is not req uired but could help to ensure thi s acknow ledg ment is not mi sused o r attac hed to a di ffe rent doc um ent. •:• Indi cate ti tle or type of attached docum ent , number of pages and da te. ••• lndi cate th e capacity clai med by the s igner. If th e c la imed capacity is a corporate o ffi cer, in d ica te tl1e titl e (i.e . CEO, CFO, Sec retaiy). • Sec ure ly attach thi s doc um ent to th e s ig ned doc um ent w ith a sta pl e .