17-053 Stormwater Management Facilities Operation, Maintenance and Easement Agreement, 10773 & 10813 N. Wolfe Rd APN 316-05-056 & 316-45-017, Cupertino Village, LP, a Delaware limited partnership.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
23642024
Regina Alcomendras
Santa Clara County -Clerk-Recorder
05/08/2017 10:17 AM
Titles: 1 Pages: 27
Fees : $0 .00
Taxes : $0
Tota 1 : $0. 00
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
STORMW ATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE, AND EASEMENT AGREEMENT
Cupertino Village, LP, a Delaware limited partnership
APN 316-05-056 & 316-45-017
J(I'-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 April 10, 2017, from
Cupertino Village, LP, a Delaware limited partnership
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: May 2, 2017
By: ~
Lauren Sapudar
Senior Office Assistant
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Clerk 's Offic e
10300 Torre Avenue
Cupertino , CA 95014-3 202
E XEM PT FROM RECORD IN G FEES PER
GOVERNMENT CODE §6103
Space abo ve this line for Recorder 's use.
STORMWATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE AND EASEMENT AGREEMENT
10773 & 10813 N. Wolfe Road, Cupertino, CA 95014
APN 316-05-056 & 316-45-017
This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE
AND EASEMENT AGREEMENT ("Agreement") is made and entered into this { O'ti,,.day of
~ , 20 I~' by Cupertino Village, LP , a Delaware limited partnership ("Covenantor")
antheCity of Cupertino, a municipal corporation ("City"). Covenantor and City are refe1Ted to
collectively herein as the "Parties" and each individually a s 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 cu1Tently in effect and
as it may hereafter be amended, the "Ordinance").
B. The Covenantor is the owner of a ce1iain tract or parcel of land designated as APN' s 316 -
05-056, and 316-45-017 and more particularly described in Exhibit A attached hereto
("Property").
C. The Covenantor desires to construct ce1iain improv ements on the Property that may alter
existing stom1water 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 Cupertino Village
Redevelopment Phases 1 & 2 prepared by Brio Engineering Associates, Inc. and dated February
11, 2014 & December 1, 2014, which plan, together with any and all amendments, including
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future amendments, thereto ( collectivel y, 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 serv itude, enforceable by any
owner of any portion of the Property against any other owner, tenant or occupant of the Property
or an y 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
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 y ear. More
frequent inspections may be required to comply with the maintenance standards . The results of
inspections shall be record ed on the Maintenance Inspection Report .
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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 onl y 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 w ith the Ordinance, the SWMP and any amendments thereto approved b y 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
costs are not paid within the prescribed time period, the City may assess Covenantor the cost of
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the work, and said assessment shall be a lien against the Property 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 an y 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 regarpless
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
promptly shall so notify the Covenantor or its successors and /or assigns in writing, and at the
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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
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:
Cupertino Village, LP
23 Mauchly, Suite 100 ,
Irvine , CA 92618
Attention: \(.e,\J,I\ SM\fu
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.
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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 an y 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.
I 2.9 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
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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)
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rN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
ATTEST:
APPROVED AS TO FORM:
{9' Randolph Hom, City Attorney
COVENANTOR:
general partner
Vice President
(Notary acknowledgment to be attached)
CITY:
CITY OF CUPERTrNO, a municipal corporation
~~
By: ~c,--.____
Name: Timm Borden
Title: Director of Public Works
(Notary acknowledgment to be attached)
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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 San Diego
On April 10, 2017 before me , Nicole Clark, Notary Public
(insert name and title of the officer)
personally appeared _K_e_v_i_n_S_m_it_h _____________________ _
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.
Signature_~---~---------
NICOLE CLARK
_ Commission# 2138716
~ • -• Notary Public -California ~
1 San Diego County ~
'• ;e; u • •M' sov°l· rxtr!s ft:7}~~
(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 S~ c..Q_µ0-}
On ~ l ~1 '1,ot1· before me, JLLutA ILIAN47": N~ ~
(Here insert rf.lme and title of the office(l)
personally appeared 11 tf\>-tAf..... ~cllv\
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 PERJUR.Y 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 t ~ · Notary Public -California (
i ~ S1nt1 Clara County ~
I Commi11lon ti 2177456 ?: ~ Mv Comm. Exolrt1 Jin 25 2021 f
(Notary Public Seal)
A ~
y T
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION Thi s form complies ivilh c urrent California sta/u/es regarding n olwy wording and,
DESCRIPTION OF THE ATTACH~D DOyUME~J • . . if needed, sh ould be co111ple led and al/ached to !he doc11111 e11/. A cknowledg 111 enls
~IN\~ ~ ~11.J. '.:) Ji-om olher slales may be co111ple 1edfor do cuments be ing sen/ to !hat s late s o long
~ .~~ '· ,-cc: ,. •••. 6 • L I\-, , -~ ._Cfc e wording do es not require th e California n olwy to violate California n otm y ~' ~"' , 1 ~ ~r~· Ya,,,.
(Title or description of attached document) • State and County infonnation must be the State and County whe re th e docum ent
I O m t IO ! l 3 N ' 1/.firl k. ll4 . signer(s) persona Uy appeared be fore the notaiy _pub li c for ac kno wledgm ent . .
(Ti tle or description of attached document continued)
Number of Pages 2-3 Do cumen t Date 4---I O, I 't
CAPACITY CLAIMED BY THE SIGNER
riJ.-Individual (s)
D Corporate Officer
(Title)
D Partner(s)
D Attorney-in-Fact
o Trustee(s )
0 Other _________ _
2015 Version www NotaryC lasses .com 800-873-9865
• Dat e o f notanza t,on mu st be th e elate that th e s ,gner(s) pers onall y a pp ea red which
mu st al so be th e same date th e ackn o wl edgment is compl eted .
• The notaiy public mu s t ptint hi s o r her name as it appears w ithin hi s or her
c ommission follow ed by a co mma and th en your titl e (notaiy public).
• P1int th e name(s ) of document s ig ner(s ) who pers onally appear at th e time of
notari zation .
• In dicat e the cotTec t s ingul a r o r plural fonns by c ro ss in g off in co tTec t fonn s (i .e.
1*l/she/they,-is /are) or circ ling the cotTec t fonn s. Failure to coIT ec tl y indi cate thi s
infonnati o n may lead to rej ec ti o n o f docum ent reco rdin g.
• The notaty sea l impress ion mu st be c lear a nd photographi ca ll y reprodu c ible.
Impressio n mu s t not cover text o r lines. lf sea l impress ion s mud ges, re-sea l i f a
suffi c ient area penn it s , oth e1w ise comp lete a differe nt a cknowl edg ment form.
• Signature of th e nota1y publi c mu st matc h the s ig na ture on fil e with th e offi ce of
th e c ounty c le rk .
••• Additi o na l infonnation is not required but co uld he lp to ens ure thi s
ackn ow ledgm ent is not mi s used or att ached to a different doc um ent.
•,• Indi cate tit le or type o f a tt ac hed doc um e nt , number o f pages a nd date.
•:• Indi cate th e capac ity c laim ed by th e s ig ner. If th e c la im ed capa c ity is a
c o1µorate officer, in di ca te th e titl e (i.e . C EO , C FO , S ec retaiy ).
• Sec ure ly attach thi s doc um e nt to th e s ig ned docum e nt with a s ta pl e.
The land referred to In this pollcy Is described as follo ws:
Real property In the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL ONE:
BEGINNING AT A GRANITE MONUMENT AT THE lNTERSECT!ON OF THE ORIGINAL CENTER
LINE OF HOMESTEAD ROAD, 'lO FEET WIDE, WITH THE CENTER LINE OF WOLFE ROAD, AS
SHOWN ON THE MAP OF TRACT NO. 1906 VERDE GARDENS UNIT NO. 2, ON FILE IN BOOK 98
OF MAPS, PAGE 36, SANTA CLARA COUNTY RECORDS; THENCE S. oo 35' '15" W., ALONG THE
CENTER LINE OF WOLFE ROAD, 978.66 FEET; THENCE LEAVING SAID CENTER LINES. 990 24'
02" W. 54.01 FEET TO THE TRUE PO[NT OF BEGINNING OF THIS DESCRIPTION; THENCE
CONTINUING S. 990 2'1' 02" W. 563.10 TO THE EASTERLY LINE OF LINNET LANE, FORMERLY
BECKER LANE; THENCE N. oo 17 ' 22" W., ALONG THE EASTERLY LINE OF LINNET LANE, 631.72
FEET TO THE SOUTHWESTERLY CORNER OF THE 1.62 ACRE PARCEL OF LAND CONVEYED TO
CALIFORNIA CONFERENCE EVANGEUCAL UNITED BRETHREN CHURCH, BY DEED RECORDED
JULY 22, 1958 IN BOOK 4129 OF OFFICIAL RECORDS, PAGE 1, SANTA CLARA COUNTY
RECORDS; THENCE N. 990 24' 02" E., ALONG THE SOUTHERLY LINE OF SAID 1.62 ACRE
PARCEL OF LAND 104.09 FEET TO THE WESTERLY CORNER OF THE PARCEL OF LAND
CONVEYED TO VALLCO PARK, A CORPORATION, BY DEED RECORDED MARCH 23, 1966 IN
BOOK 7321 OF OFFICTAL RECORDS, PAGE 33'1, SANTA CLARA COUNTY RECORDS; THENCE N.
44° 33' 19" E., ALONG THE NORTHWESTERLY UNE OF SAID LAST MENTIONED PARCEL OF
LAND AND ITS NORTHEASTERLY PROLONGATION 164.49 FEET; THENCE N. oo 17' 22" W.,
ALONG THE EASTERLY LINE OF THE STRIP OF LAND CONVEYED TO THE GOOD SAMARHAN
CHURCH EVANGELICAL UNITED BRETHREN, BY DEED RECORDED MARCH 23, 1966 IN BOOK
7321, PAGE 337 OF OFFICIAL RECORDS, SANTA CLARA COUNTY, 187.74 FEET TO THE
SOUTHERLY LINE OF HOMESTEAD ROAD, AS ESTABLISHED BY THE DEDICATION TO cm OF
CUPERTINO, RECORDED APRIL 11, 1966 IN BOOK 7343, PAGE 76, SANTA CLARA COUNTY
RECORDS; THENCE N. 89° 24' 02" E., ALONG SAID SOUTHERLY LINE OF HOMESTEAD ROAD
176.18 FEET; THENCE S. 0° 35' 45" W. LEAVING HOMESTEAD ROAD, 70 FEET; THENCE S. '150
CO' OB" E. 155.70 FEET; THENCE N. 89° 24' 02" E. 70 FEET; THENCE S. 0° 35' '15" W. 754.39
FEET TO THE TRUE POINT OF BEGINNING, BEING A PORTION OF THE QUITO RANCHO .
EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND CONVEYED TO THE cm OF
CUPERTINO FOR PUBLIC ROADWAY PURPOSES BY INSTRUMENT RECORDED ON AUGUST 13,
1976 IN BOOK C212, PAGE 733 OF OFFICIAL RECORDS, AND BEING DESCRlBED AS FOLLOWS;
BEGINNING AT THE INTERSECTION OF THE MONUMENT LINES OF WOLFE ROAD AND
HOMESTEAD ROAD, AS SAID MONUMENT LlNES ARE SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 244 OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS.
THENCE ALONG SAID MONUMENT LINE OF WOLFE ROAD, S. oo 35' 45" W. 230.08 FEET;
THENCE LEAVING SAID LINEN. 89° 2<!' 15" W. 54.00 FEET TO A POINT IN THE WESTERLY LINE
OF WOLFE ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY L1NE N oo 35' 45" E. 124.68 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET THROUGH
A CENTRAL ANGLE OF 910 11' 43", AN ARC LENGTH OF 95.50 FEET;
THENCE ALONG THE SOUTHERLY LINE OF HOMESTEAD ROAD, S. 89° 24' 02" W. 205.83 FEET
TO A POINT OF CUSP;
THENCE LEAVING SAID SOUTHERLY LINE EASTERLY ALONG A TANGENT CURVE TO THE RIGHT,
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF
130 50' 44'', AN ARC LENGTI-1 OF 19 .33 FEET;
THENCE TANGENT TO SAID CURVES, 750 45' 14" E. 22.36 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THROUGH
A CENTRAL ANGLE OF 13° 50' 44", AN ARC LENGTH OF 19 .33 FEET;
THENCE PARALLEL TO SA!D SOUTHERLY LINEN . 89° 24' 02" E. 147.74 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 54.00 FEET
THROUGH A CENTRAL ANGLE OF 91 o 11' 43", AN ARC LENGTH OF 85.95 FEET TO A POINT OF
NON-TANGENCY;
THENCE S. 1° 18' 12" E. 120.79 FEET TO THE TRUE POINT OF BEGINNING .
PARCEL 1WO:
A NONEXCLUSIVE EASEMENT FOR THE BENEFIT OF AND APPURTENANT TO THE ABOVE
DESCRIBED PARCEL ONE, FOR VEHICULAR AND PEDESTRIAN ACCESS, EGRESS AND INGRESS
AS WELL AS FOR INSTALLATION AND MAINTENANCE OF UTILIDES AND DRAINAGE FACILITTES
OVER THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF PARCEL A AS DEFINED IN THE PARCEL
MAP RECORDED IN BOOK 386 OF MAPS, AT PAGE 34, RECORDS OF SANTA CLARA COUNTY,
DISTANT THEREON S. 89° 24' 02'' W. 232.54 FEET FROM THE NORTHEAST CORNER OF SAID
PARCEL;
THENCE 5. 89° 24' 02" W., ALONG SAID LINE 31 .01 FEET;
THENCE LEAVING SAID LINES. 0° 35' 45" W. 27'1.99 FEET TO A POINT IN THE GENERAL
SOUTHERLY LINE OF SAID PARCEL, SAID POINT BEING DISTANT S, 89° 24' 15" E. 9.51 FEET
FROM AN ANGLE POINT IN SAID LINE;
THENCE ALONG SAID LINES. 89 ° 24' 15" E. 36.13 FEET, TO A POINT ON A 24 .50 FOOT RADIUS
CURVE, THE RADIUS POINT OF WHICH BEARS N. 52° 51' 09" E., FROM THIS POINT;
THENCE NORTHERLY ALONG SAID CURVE TO THE RIGHT CONCAVE TO THE NORTHEAST,
THROUGH A CENTRAL ANGLE OF 37° 44' 36" FOR AN ARC LENGTH OF 16.14 FEET;
THENCE N. 0° 35' '15" E. 260 .6'1 FEET TO THE POINT OF BEGINNING.
THENCE ALONG SAID WESTERLY LINEN oo 35' 45" E. 124 .68 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET 1liROUGH
A CENTRAL ANGLE OF 910 11' 43", AN ARC LENGTH OF 95 .50 FEET;
THENCE ALONG 1liE SOUTHERLY LlNE OF HOMESTEAD ROAD, S. 89° 24' 02" W. 205.83 FEET
TO A POINT OF CUSP;
THENCE LEAVING SAID SOUTHERLY UNE EASTERLY ALONG A TANGENT CURVE TO THE RIGHT,
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF
130 50' 4<!'', AN ARC LENGTH OF 19.33 FEET;
THENCE TANGENT TO SAID CURVES, 750 45' 14" E. 22.36 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THROUGH
A CENTRAL ANGLE OF 130 50' 44", AN ARC LENGTH OF 19.33 FEET;
THENCE PARALLEL TO SA!D SOUTHERLY LINEN. 89° 24' 02" E. 147.74 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 54.00 FEET
THROUGH A CENTRAL ANGLE OF 91 o 11' 43", AN ARC LENGTH OF 85.95 FEET TO A POINT OF
NON-TANGENCY;
THENCE S. 10 18' 12" E. 120 .79 FEET TO THE TRUE POINT OF BEGINNING .
PARCEL 1WO:
A NONEXCLUSIVE EASEMENT FOR THE BENEFIT OF AND APPURTENANT TO THE ABOVE
DESCRIBED PARCEL ONE, FOR VEHICULAR AND PEDESTRIAN ACCESS, EGRESS AND INGRESS
AS WELL AS FOR INSTALLATION AND MAINTENANCE OF UTILITIES AND DRAINAGE FACILmES
OVER THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF PARCEL A AS DEFINED IN THE PARCEL
MAP RECORDED IN BOOK 386 OF MAPS, AT PAGE 34, RECORDS OF SANTA CLARA COUNTY,
DISTANT THEREON S. 89° 24' 02" W. 232.54 FEET FROM THE NORTHEAST CORNER Of SAID
PARCEL;
THENCE 5. 89° 24' 02" W., ALONG SAID LINE 31.01 FEET;
THENCE LEAVING SAID LINES. 0° 35' 45" W. 274.99 FEET TO A POINT IN THE GENERAL
SOUTHERLY LINE OF SAID PARCEL, SAID POINT BEING DISTANT S, 89° 24' 15" E. Q.51 FEET
FROM AN ANGLE POINT IN SAID LINE;
THENCE ALONG SAID LINES. 89° 24' 15" E. 36.13 FEET, TO A POINT ON A 24.50 FOOT RADIUS
CURVE, THE RADIUS POINT OF WHICH BEARS N. 52° 51' 09" E., FROM THIS POINT;
THENCE NORTHERLY ALONG SAID CURVE TO THE RIGHT CONCAVE TO THE NORTHEAST,
THROUGH A CENTRAL ANGLE OF 37° 44' 36" FOR AN ARC LENGTH OF 16.14 FEET;
THENCE N. 0° 35' 45" E. 260.64 FEET TO THE POINT OF BEGINNING .
PARCEL THREE:
BE[NG A PORTION OF PARCEL A, AS SHOWN ON TI--lAT CERTAIN MAP FILED FOR RECORD lN
MAP BOOK 405, PAGE 27, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL Ai
THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID PARCEL A, THE FOLLOWING
FOUR COURSES;
SOUTH 0° 35' 45 " WEST, 229.24 FEET; SOUTHWESTERLY ALONG A TANGENT CURVE TO THE
RIGHT WITH A RADIUS OF 37.50 FEET THROUGH A CENTRAL ANGLE OF 90° OD' OD" FOR AN
ARC LENGTH OF 58 .90 FEET; SOUTH 0° 35' 45" WEST, 13. 75 FEET; AND NORTH a9° 24' 15"
WEST, 235.50 FEET TO AN INTERIOR CORNER OF SAID PARCEL A;
THENCE NORTH 0° 35' 45" EAST 274 .7 9 FEET TO TiiE NORTHERLY LINE OF SAID PARCEL A;
THENCE NORTH 89° 24' 02" EAST, 273.06 FEET ALONG SAID NORTHERLY LINE TO THE TRUE
POINT OF BEGINNING.
PARCEL FOUR:
BEGINNING AT A GRANITE MONUMENT AT TliE INTERSECTION OF TtiE ORIGINAL CENTER
LINE OF HOMESTEAD ROAD 40 FEET WIDE, WITH THE CENTER LINE OF WOLFE ROAD AS
SHOWN ON THE MAP OF TRACT NO. 1906, VERDE GARDENS UNIT ND .2 ON FILE IN BOOK 98
OF MAPS, PAGE 36, SANTA CLARA COUNTY RECORDS; THENCE S. 0° 35' 45'' W., ALONG THE
CENTER LINE OF WOFE ROAD, 22"1.27 FEET; THENCE LEAV!NG SAID CENTER LINE AND
RUNNINGS. a9° 24' 02" W. 54.01 FEET TO THE SOUTHEAST CORNER OF THE PARCEL TO BE
DESCRIBED AND TiiE TRUE POINT OF BEGINNJNG OF THIS DESCRIPTIONi TiiENCE RUNNING
S. 89° 24' 02" W. 70.00 FEET; TtiENCE N. ~5° 00' 08" W. 155.70 FEETi THENCE N. 0° 35' 45" E.
70,00 FEET TO A POINT IN THE SOUTHERLY LINE OF HOMESTEAD ROAD; 1l-lENCE RUNNING
ALONG SAID LAST NAMED LINE N. a9° 24' 02" E. 120.00 FEET; THENCE ON 1l-lE ARC OF A
CURVE TO THE RIGHT, WITH A RADIUS OF 60 FEET, TiiROUGH A CENTRAL ANGLE OF 91 ° 11'
43" FOR AN ARC DISTANCE OF 95.50 FEETi THENCE RUNNINGS. 0° 35' 45" W. 120.00 FEET TO
THE TRUE POINT OF BEGINNING, AND BEING A PORTION OF THE QUITO RANCHO.
EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND CONVEYED TO TiiE cm FOR
CUPERTINO FOR PUBLIC ROADWAY PURPOSES BY INSTRUMENT RECORDED ON AUGUST 13,
1976 IN BOOK C 212, PAGE 733 OF OFFICIAL RECORDS, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE MONUMENT LINE OF WOLFE ROAD AND
HOMESTEAD ROAD, AS SA!D MONUMENT LINES ARE SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 244 OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS.
THENCE ALONG SAID MONUMENT LINE OF WOLFE ROAD, S. 0° 35' 45" W. 230.08 FEET;
THENCE LEAVING SAID LINEN. 89° 24' 15" W. 54 .00 FEET TO A POINT IN THE WESTERLY LINE
OF WOLFE ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY LINEN. 0° 35' <15" E. 124.68 FEET;
THENCE ALONG A TANGENT CURVE TD THE LEFT, HAVING A RADIUS OF 60.00 FEET THROUGH
A CENTRAL ANGLE OF 91 ° 11' 43", AN ARC LENGTH OF 95 .5 0 FEET;
THENCE ALONG THE SOUTHERLY LINE OF HOMESTEAD ROAD, S. 89° 24' 02" W. 205.83 FEET
TO A POINT OF CUSP;
THENCE LEAVING SAID SOUTHERLY Llf,JE EASTERLY ALONG A TANGENT CURVE TO THE RIGHT,
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 80,00 FEET THROUGH A CENTRAL ANGLE OF
13° 50' 44", AN ARC LENGTH OF 19.33 FEET;
THENCE TANGENT OF SAID CURVES. 76° 45' 14" E. 22 .36 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THROUGH
A CENTRAL ANGLE OF 13° 50' 44", AN ARC LENGTH OF 19.33 FEET;
THENCE PARALLE L TO SAJD SOUTHERLY LINEN. 89° 24' 02" E. 147.74 FEET;
THENCE ALONG A TANGENT CURVE TO THE RlGHT HAVING A RADIUS OF 54.00 FEET
THROUGH A CENTRAL ANGLE OF 91° 11' '13", AN ARC LENGTH OF 85.95 FEET TO A POINT OF
NOfHANGENC'Y;
THENCE S. 1° 18 ' 12" E. 120.79 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL FIVE:
EASEMENT FOR PARKING, LANDSCAPING AND INGRESS/EGRESS AS PROVIDED IN THAT
CERTAIN RECIPROCAL EASEMENT AGREEMENT FOR PARKING, LANDSCAPING AND INGRESS
AND EGRESS, RECORDED OCTOBER 28, 1998, AS SERIES NO. 1'1'166686, OFFICIAL RECORDS.
APN: 316-05-050 and 316-05·051 and 316-05-052 and 316-05-053 and 316-05-056 and 316-05-
072 and 316-45 -017
I
ARNEL_I
PLACE/---
LARK
LANE i:
~I PARCEL A
~ 1 (ROS 221 M 10)
I
HOMESTEAD ROAD
PARCEL A
(ROS 221 M 10)
PARCEL A
EXCEPTION
PARCEL A
(ROS 221 M 10)
0
l() .-
II : ..-L TRUE POINT POINT OF
1 ~:-8-EG-IN-N-IN_G __ ~ __ BEGINNING
L20
Line#
L1
L2
L3
L4
L5
L6
L7
LS
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
Line Table
Direction Length
N45" 26' 27"W 284.55'
NO' 04' 36"W 136.78'
N44' 33' 33"E 80.49'
N89' 55' 24"E 14.16'
N44' 33' 33"E 38.98'
N45' 26' 27''W 42.11'
N57' 06' 53"W 38.77'
N33' 40' 09"E 32 .76'
N45' 26' 27"W 27.88'
S44' 33' 33"W 146.73'
S45' 26' 27"E 334.71'
so· 04' 36"E 50 .81'
N89' 55 ' 24"E 14.35'
so· 04' 36"E 58.93'
S44' 33' 33"W 112.06'
S45' 26' 27"E 23.29'
S44' 33' 33''W 28.22'
S45' 26' 27"E 39.41'
S44' 33' 33"W 189.52'
S89' 24' 02"W 241 .88'
NO' 35' 58"W 97.85'
PLAT TO ACCOMPANY A DESCRIPTION
STORMWATER FACILITY
MANAGEMENT EASEMENT
:Jij[t( Engineering
ASSOCIATES, INC.
CITY OF CUPERTINO 1475 South Bascom Ave., Suite 202
1-,,D,_a.,...te-: ----..-.S.,...c....,al-e:-----,-,-Jo..,..b-: ------t Campbell, CA 9 5 0 0 8-0 6 29
05/19 /14 AS SHOWN CUPV1301 Tel. (4 08) 241-5494
t-=0-ra_w_n....,8=--y-: ---o=--e-s .,-,g-ne-r:-----1-=-C.,......he_c.,...ke___,d,--: -----1
KSN JS KSN
SHEET 1 of 1
Cupertino Village
Stormwater Facility Management Easement
EXHIBIT "B"
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara ,
State of California, described as follows:
Being all of that parcel with a total site area of approximately
12.510 acres as shown on that certain Record of Survey filed for
record in Book 826 of Maps, Page 20, Santa Clara County Records;
EXCEPTING THEREFROM all of Parcel B of that certain Record of
Survey filed for record in Book 221 of Maps, Page 10, Santa
Clara County Records, and that portion of said parcel as shown
on that certain Record of Survey filed for record in Book 826 of
Maps, Page 20, Santa Clara County Records, described as follows:
BEGINNING at the most southeasterly corner of Parcel A of said
Record of Survey filed for record in Book 221 of Maps, Page 10,
Santa Clara County Records;
THENCE along the southerly boundary of said Parcel A, South
89°24'02" West, 241.88 feet;
THENCE leaving said southerly boundary at a right angle, North
00°35'58" West, 97.85 feet to the TRUE POINT OF BEGINNING;
THENCE North 45°26'27" West, 284.55 feet;
THENCE North 00°04'36" West, 136.78 feet;
THENCE North 44°33'33" East, 80.49 feet;
THENCE North 89°55'24" East, 14.16 feet;
THENCE North 44°33'33" East, 38.98 feet;
THENCE leaving at a right angle, North 45°26'27" West, 42.11
feet;
THENCE North 57°06'53" West, 38.77 feet;
THENCE North 33°40'09" East, 32.76 feet;
THENCE North 45°26'27" West, 27 .8 8 feet;
THENCE leaving at a right angle, North 44°33'33" East, 146.73
feet;
THENCE leaving at a right angle, South 45°26'27" East, 334.71
feet;
THENCE South 00°04'36" East, 50.81 feet;
THENCE leaving at a right angle, North 89°55'24" East, 14.35
feet;
THENCE leaving at a right angle, South 00°04'36" East, 58.93
feet;
THENCE South 44°33'33" West, 112.06 feet;
THENCE leaving at a right angle, South 45°26'27" East, 23.29
feet;
THENCE leaving at a right angle, South 44°33'33" West, 28.22
feet;
THENCE leaving at a right angle, South 45°26'27" East, 39.41
feet;
THENCE leaving at a right angle, South 44°33'33" West , 189.52
feet to the TRUE POINT OF BEGINNING;
Brio Engineering Associates, INC.
1475 S. Bascom Ave., Suite 202
Campbell, CA 95008
Exhibit C
Bioretention Area Maintenance Plan for
Cupertino Village Hedevelopment
Nove mber 7, 20 13
Project Address a nd Cros s S tre e ts: 10869 N. wmr-1: IWAD, CUPER TI NO, CA YSOlLI,
l-l ornestec1d & 1iruneridge
Assesso r's Parcel No.: 3 1 6-05 -050, 051 , 052, 053 , 056, 072, AND 31G-tJ 5 -017
Property Owner:
Des ign a ted Con tact : __ _
Ma iling Address: ____ _
Th e property co ntains 9 bioretention areas, loc ated as d escribed
below an d as shown in the a tt ached S tormwater Manageme nt Plan
Ph one No.:
Phone No.:
• Bioretention Area No . 1 is lo cat(-)d south eas t of t1·1e proposed Park ing Deel<. See S lorrn water
Man age ment Plan
• Bioretention Area No. 2 is located west o f th e proposed Pa rk ing De el<. See Stormwate r M anageme nt
Plan
, Bioretention Area No . 3 is locate cJ west o f the proposed Pa rki ng Deck. See Stormwate r Management
Plan
• Bioretention Area No . 4 is localed west o f the proposed Parking Deel<. See Slorrnwate r Ma nag emen t
Plan
• Bioretcntion Area No. 5 is located casl o f the p roposed Park ing Deel<. See S torrnwater Management
Plan
, Bioretention Arca No . 6 is loca l eci east o f the proposed Parking Deck . See S tormwater Managemen t
Pl an
• Bioretention Area No . 7 is lo ca l ed east o f the proposed Parking Deck. See S tormwater Management
Pl an
• Bioretention Area No . !l is located nol'!h of !tie proposed Parl<ing Deel<. See Storm wate r M a nagemen t
Pl a n
I. Routine Maintenance Activities
T he prin c ipal maintenance obj ective is to p reven t sed iment b ui ldup and clogg inn , which
redu ces pol lut a nt removal efficiency and inay le8d to bio rele nti o n area fai lu re. Ro uti ne
maint e nance activities, and the fr equency at whicl1 the y wi ll be co nd ucted, are shown in
Tabl e 1.
Page 1
Bioretention Area Maintenance Plan for
Cupertino Village Redevelopment
November 7, 2013
Exhibit C
Project Address and Cross Streets : 10869 N. WOLFE ROAD , CUPERTINO, CA 95014,
Homestead & Pruneridge
Assessor's Parcel No .: 316-05-050, 051, 052, 053, 056, 072, AND 316-45 -017
Property Owner:-----------------Phone No.:---------
Designated Contact: Phone No.: ________ _
Mailing Address :-------------------------------
The property contains 12 bioretention areas, located as described
below and as shown in the attached Stormwater Management Plan
• Bloretention Area No. 11 is located north of the proposed Retail 8. See Stormwater Management Plan
• Bioretentlon Area No. 12 is located south of the proposed Retail B. See Stormwater Management
Plan
• Bioretention Area No. 13 is located west of the proposed Retail A . See Stormwater Management Plan
• Bioretention Area No . 14 is located southwest of the proposed Retail A. See Stormwater Management
Plan
• Bioretention Area No. 15 is located west of the proposed Retail A . See Stormwater Management Plan
• Bioretention Area No. 16 is located west of the proposed Retail A. See Stormwater Management Plan
• Bioretention Area No. 17 is located north of the proposed Retail A. See Stormwater Management Plan
• Bioretantlon Area No. 18 is located east of the proposed Retail A. See Stormwater Management Plan
• Bloretention Area No. 19 Is located east of the proposed Retail A. See Stormwater Management Plan
• Bioretention Area No. 20 is located east of the proposed Retail A. See Stormwater Management Plan
• Bioretention Area No. 21 is located east of the proposed Retail A. See Stormwater Management Plan
• Bioretention Area No. 22 is located east of the proposed Retail A. See Stormwater Management Plan
I. Routine Maintenance Activities
The principal maintenance objective is to prevent sediment buildup and clogging, which
reduces pollutant removal efficiency and may lead to bioretentlon area failure . Routine
maintenance activities , and the frequency at which they will be conducted , are shown in
Table 1.
Page 1
Exhibit C
Table 1
Routine Maintenance Activities for Bioretention Areas
No. Maintenance Task Frequency of Task
1 Remove obstructions , debris and trash from bioretention Monthly , or as needed after storm
area and dispose of properly . events
2 Inspect bioretention area for ponded water. If ponded Monthly, or as needed after storm
water does not drain within 2-3 days. till and rep lace the events
surface soil and replant .
3 Inspect inlets for channels, soil exposure or other Monthly, or as needed after storm
evidence of erosion . Clear obstructions and remove events
sedime nt.
4 Remove and replace all dead and diseased vegetation . Twice a year
5 Maintain vegetation and the irrigation system . Prune and Twice a year
weed to keep bioretention area neat and orderly in
appearance . Remove and or replace any dead plants.
6 Check that mulch is at appropriate depth (2 inches per so il Monthly
specifications) and repl e nish as necessary before we t
season begins.
7 Inspect the energy d issipation at the in le t to ensure it is Annually. before the wet season
fun ction ing adequately , and that there is no scour of the begins
surface mulch.
8 Inspect bioretention area usi ng the attached insp ectio n Month ly , or after large storm events,
chec kli st . and aft er removal of accum ulated
debris or material
Page 2
Exhibit C
Bioretention Area Maintenance Plan Date of Inspection: -------
Property Address: 10869 N. WOLFE ROAD , CUPERTINO , CA 95014
Treatment Measure No.: _____ _
II. Use of Pesticides
The use of pesticides and quick release fertilizers shall be minimized , and the principles of
integrated pest management (1PM) followed :
1. Employ non-chemical controls (biological, physical and cultural controls) before using
chemicals to treat a pest problem.
2. Prune plants properly and at the appropriate time of year.
3. Provide adequate irrigation for landscape plants. Do not over water .
4. Limit fertilizer use unless soil testing indicates a deficiency. Slow-release or organic
fertilizer is preferable . Check with municipality for specific requirements .
5. Pest control should avoid harming non-target organisms, or negatively affecting air and
water quality and public health . Apply chemical controls only when monitoring indicates
that preventative and non -chemical methods are not keeping pests below acceptable
levels . When pesticides are required , apply the least toxic and the least persistent
pesticide that will provide adequate pest control . Do not apply pesticides on a
prescheduled basis.
6. Sweep up spilled fertilizer and pesticides . Do not wash away or bury such spills.
7 . Do not over apply pesticide . Spray only where the infestation ex ists. Follow the
manufacturer's instructions for mixing and applying materials.
8 . Only licens e d, trained pesticide applicators shall apply pesticides .
9 . Apply pesticides at the appropriate time to maximize their effectiveness and minim ize
the likelihood of d ischarging pesticides into runoff. With the exception of pre -emergent
pesticides, avoid application if rain is expected.
10 . Unwanted/unused pesticides shall be d isposed as hazardous waste .
Ill. Vector Control
Standing water shall not remain in the treatment measures for more than five days , to prevent
mosquito generation. Should any mosquito issues arise , contact the Santa Clara Valley Vector
Control District (District). Mosquito larvicides shall be applied only when absolutely necessary, as
indicated by the District. and then only by a licensed professional or contractor . Contact information
for the District is provided below .
Santa Clara Valley Vector Control District
1580 Berger Dr .
San Jose, Californ ia 95112
Phone : ( 408) 918-4 770 / (800) 675-1155 -Fax : ( 408) 298-6356
www .sccqov . orq/porta I/site/vector
IV. Inspections
The attached Bioretention Area Inspection and Maintenance Checklist shall be used to
conduct inspections monthly (or as needed), identify needed maintenance, and record
maintenance that is conducted .
Page 3
0
+-'
:.0
.c
X w
Bioretention Area
Inspection and Maintenance Checklist
Property Address :----------------------Property Owner:
Treatment Measure No .: Date of Inspection Type of Inspection: '.J Monthly U Pre-Wet Season
, I After heavy runoff , End of Wet Season
lnspector(s): r-, Other: _______ _
Defect Conditions When Maintenance Is Maintenance Comments (Describe maintenance Results Expected When
Needed Need ed ? (Y/N) completed and if need ed maint enance was Maintenance Is Performed
not conducted. note when it will be don e)
1. Stand ing Wate r 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 cease d . Any of the following
may apply : sediment or trash
bl ockages removed , improved grade
from head to foot of bioretention
area , or added underdrains .
2 . Trash and Debris Trash and debris accumulated in th e Trash and debris removed from
Accumulation bioretention area . b io retent io n area and disposed of
properly .
3 . Sedimen t Evidence of sedimentation in Materia l removed so that there is no
bioretention area . cloggin g or blockage . Material is
disposed of properly.
4 . Erosi on 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. d isperses 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 . Miscellaneou s Any condition not covered above that Meets the design specifications .
needs attention in order for the
bioretentio n area to function as
designed .
Bioretention Area Maintenance Plan -Page 4
u
:'.::!
..n
..i::: >< LLl
Treatment
Measure
No .(s)
Defect
Trash Capture
Screen
Inlet/Outlet
Energy
Dissipaters
Vector
Control
Mosquitoes
present
Trash and
Debris
Accumulation
Inspection and Maintenance Log
Conditions When Maintenance Comments (If needed
Maintenance is Needed? maintenance was not conducted,
needed (YIN) Date note it will be done; or comment
on any work that was done.)
Screen is clogged .
Inlet/outlet areas
clogged with sediment
and/or debris.
Energy Dissipaters at
curb cuts are blocked.
Conditions within unit
provide mosquito
breeding habitat.
Mosquito larvae
evident in standing
water
Trash and debris
accumulated in the
bioretention area.
Page 5
Results Expected
When Maintenance is
Performed
Material removed so that
there is no clogging or
blockage .
Material removed so that
there is not clogging or
blockage in the inlet and
outlet areas.
Material removed so that
there is no blockage.
Potential vectors abated
by filling holes in the
ground around the unit
and by insuring that
there are no areas where
water stands longer than
5 days following a
storm.
Contact Santa Clara
County Vector Control
Servies District if
mosquitoes present.
Trash and debris
removed from
bioretention area and
disposed of properly.
u
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Sediment
Erosion
Vegetation
Mulch
Miscellaneous
Evidence of
sedimentation in
bioretention area
Channels have formed
around inlets, there are
areas of bare soil,
and/or other evidence
of erosion.
Vegetation is dead ,
diseased and/or
overgrown. Replace
vegetation with plants
with similar growth
requirements.
Mulch is missing or
patchy in appearance.
Areas of bare earth are
exposed, or mulch layer
is less than 3 inches in
depth.
Any condition not
covered above that
needs attention in order
for the bioretenion area
to function as designed .
Material removed so that
there is no clogging or
blockage. Material is
disposed of properly .
Obstructions and
sediment removed so
that water flows freely
and disperses over a
wide area. Obstructions
and sediment area
disposed of properly.
Vegetation is healthy
and attractive in
appearance . Treat
vegetation using
preventative and low-
toxic methods.
All bare earth is covered
except mulch is kept 6
inches way from trunks
of trees and shrubs.
Mulch is even in
appearance at a depth of
3 inches.
Meet the design
specifications.
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