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98-111 Agreement for Exchange of Property Easements, Roman Catholic Bishop of San Jose, Obrien Group and County of Santa Clara, June 6, 1998INDEX RECITALS ............................................................... . 1. PURPOSE OF AGREEMENT ..................................•.•.....•..• 2. DEFINITIONS & CONVEYANCES ..............................•••••.•.... a. Development Agreement ....•..•.....•.•..•.•..•.••............... b. Overview Map ................................................. . c. Area A 1) Lands dedicated to COUNTY for Public Open Space ...................• 2) DIOCESE Lands to become Public Open Sapce or Restricted in Use .•.......•. 3) Utility Easements Reserved by DIOCESE over Lands Dedicated to COUNTY for Public Open Space ..••.•••....................................... 4) Easement Reserved for the CITY over Lands Dedicated to COUNTY for Public Open Space .••.•.••.•••••..•...•..••.......................... d. Area B 1) Lands dedicated to COUNTY for Public Open Space •................... 2) Easements Reserved by DIOCESE over Lands Dedicated to COUNTY for Public Open Space ••••••..•.••••••.•••••.•.•••••••....•.....•.•...... e. Area C 1) Lands dedicated to COUNTY for Public Open Space .•.................. 2) Utility Easements Reserved for the CITY over Lands Dedicated to COUNTY for Public Open Space .••••.••.••••••.•.•..•......•.................. f. Rancho San Antonio Park Lands 1) Easements Granted by COUNTY to DIOCESE or CITY over Existing Park Lands .. . 2) Easements Granted by COUNTY to CITY over Existing Park Lands ........... . 3. AREA A CONDITIONS FOR COUNTY'S ACCEPTANCE .....•.........•.•...•... a. DEVELOPER's Obligations .•.••.•...•.•••.••.•••••••••.••.••.•••••• b. DIOCESE Obligations ...............•...•.•..••.•.••.•.•••••.•.•.. c. COUNTY Acceptance of Property ••••••..•.••••.•......•............. 4. AREA B CONDITIONS FOR COUNTY'S ACCEPTANCE .•.....•....•.....•.•.... a. DEVELOPER's Obligations ••••••.•..••..••...••.••..•.•.•.......... b. COUNTY Acceptance of Property .•.•.•.•.•.••....••••.•...•....•.•.• 5. AREA C CONDITIONS FOR COUNTY'S ACCEPTANCE •..•.••.•.••.•.•••.•.••• a. DEVELOPER's Obligations ....•...•............•.............•..... b. COUNTY Acceptance of Property •.•.••••.••.•.•••••••••.••.•..•..••• 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 5 5 5 5 5 6 6 6 6 6. EXISTING PARK LAND. . . . . . . • . • . • . . • . . . • • • • • • . • • . . • • . . . . . . • . . . . . • • • • • • 7 7. 8. 9. a. DIOCESE Obligations . . • . • . • . . . . . • • . . . • . • . . • . . • . • . . • . • • • • • • . . . • . • . 7 b. D EVELOPER's Obligations . • • • . • . • • • • • • • • • • • • • • • • • • . . . . . . . . . • • • . . . • . 7 c. Easements • . . . . . . • . . . . . . . . • . . . • • . • . • . . . . • • . • . • • . • . . • . • . • . • . • . • . 7 d. Construction of Easements • . • . • . • . • • • • • . • • • • • • • • • • • • • • • . • . . . . • • • • • • 8 DEVELOPER's & DIOCESE'S CONDITIONS PRECEDENT ••.••.•.•••.•••••••••••• a. Pro forma title report •..••.•.....•.........•..•.....•.......•..... b. Preparation of legal descriptions .•.•.•.•..•.•..•..•..•.••••.••..•..••• c. Changes .•••••••••••••••••••.••••••••••••..............•.•.•.. d. As-Built Plans ....••••...•..•...................•..•..........•.. e. Construction Schedule .•........•••.•.••••••.•••••••.....•.••.•••. f. Preconstruction Meetings .•.•.•.•.•..••••••.••.•••.•••.••.•••••••••. g. Conditions, Covenants & Restrictions .................•....•....•.....• h. Building Surveys & Hazardous Materials .••.••.•.••.••...••.•.••••....... SNYDER HOUSE .•........•............•......•..•....•.............. a. DEVELOPER's Obligations •.....•••••.••...•••••.•..............••. b. DIOCESE Obligations .•.......•...•..........•.....•...•.•..•...•. c. COUNTY Acceptance •••..•..•...•..................•............ CORPORATION YARD .....•.•.•....•.....•••••..•..•..............••.. 8 8 8 8 8 8 8 9 9 9 9 9 9 10 10. ENVIRONMENTAL COMPLlr,iKE & INDEMNIFICATION...................... JO a. DEVELOPER & DIOCESE Acknowledgment . . . . . . . . . . . . . . . . . . . . . . . . . . . • . 10 b. Environmental Reports & Work Plans. . . . . • • . • • . . • • . . • . . • . . . . . . . . . . . . . . 10 c. Environmental Warranty. . . • . . • . . . . . . . . . . • • . . • . . . • . . . . . . • . . . . . . . . . . l 0 d. Right to Inspect Property. . . . . . . . . . . . . . . . . . • . . . • . . . . . . . . . . . . . . . . . • . . 10 e. Indemnity & Hold Harmless . . . . . • . . . . . . . • . . . . • . . • . . . . . • . . . . . . • • • . . . I l f. Definition of Hazardous Materials . . . • . • • • . • • • • • . • . . • . . . • • • . . . . • • • . . • . • J l g. DEVELOPER's & DIOCESE's Hazardous Materials Warranty. . • . . • . . . . . • • . . • . . . l l h. DEVELOPER's & DIOCESE's Litigation Warranty. • . . . . . • . . . . . . . . . . . . . . . • . . 11 i. Documents. . . . • . . . . . . . . . . . . . . • . • . • . . • . . . . • . . . . . . . . . • . . . . . . . • . . 12 j. Remedial Plan. • . • . • . . . . . . . • . . . • . . • • . . . • . . • . • . • • . . . . • . . . . • . . • • . . 12 k. Compliance • • . . . . • • . • . . . . . . . . . • . • . • . . . . • • . • • . . . • • . . . . . . . . . • . . . 12 I. Release . . . . . • • . . . . . . . . . . . . . . . . . . • . • . . • . . • . . . . . . • . . . . . • • . . . . . . . 12 m. COUNTY's Acceptance . . . . . . . . . . . . . . . . . . . • • . • . . . • . . . . . . . . . . . . . . . • 12 11. DEFAULT .•••..•...•...............•..•....•................•..•.... 12 12. LEASES OR OCCUPANCY OF PROPERTY. . .. . . . • • . .. • • .. • . • . . .. . . • . . • . . . . • • 12 13. INDEMNITY . . • • • . . • . . . . . . . . . . . . . . . . • • • . . • . . • . . . • . . . . • . . . . • . . • • • . . . • 13 14. BINDING EFFECT. • . • • . • • • • . . . . . • . . . . . . • • • . . . • • . • . • • • • • . . . . . • . • • . . • • • . 13 15. NOTICES • . • • • . . . • . . . . • . .. . . .. . . . • • . . • . • .. .. . . .. . . • .. • .. • . . • . . . • • • . 13 16. COUNTY AUTHORITY. • • . • • . . • . . . . . . . . . . • . . • . . . • • . • • . . . . . . . • . . . . . • . • • • 13 17. ENFORCEMENT . • . . • . . • . . . . . . . . . . . . . • • . • . . . . • . . . . . . . . . . • . • • . . • . • . . • • I 3 SIGNATURES............................................................. 13 EXHIBIT INDEX. . . . • • • . . . . • • . . . . . . . . . . . . • . . . . . • . . • • • . . • . . • . . • . . • • • . . . . . • • . . 15 A • Development Agreement B 1 · 11 " X 1 ?"Overview Site Plan B 2 • 1 I " x 1 7" Demolition & Remediation Site Plan C ·AREA A CONVEYANCES & RESERVATIONS LOS 5 Reserving EOS l, EOS 2, EOS 3 , EOS 4, EOS 5, EOS 6, EOS 7, EOS 18, EOSl9 D • AREA B CONVEYANCES LOS 1 LOS 2 Reserving EOS 16, EOS 17 LOS 3 Reserving EOS 1 3 E ·AREA C CONVEYANCES & RESERVATIONS LOS 4 ·Reserving EOS 8 1 EOS 9, EOS 10, EOS 11 , EOS 12, EOS 14 1 EOS 15 , EOS 19, EOS 20 LOS 6 • With conditions for pond maintenance F ·EASEMENTS OVER EXISTING PARK LANDS F 1 • EFC 3 • COUNTY to DIOCESE for water system F2 · EFC 4 • COUNTY to CITY for water system F3 · EFC 5 · COUNTY to CITY for public utilities F4 · EFC 6 · COUNTY to CITY for right-of-way and utilities G ·COVENANTS, CONDITIONS & RESTRICTIONS ON OAK VALLEY SUBDIVISION H ·QUITCLAIM OF EASEMENT FOR WATER RIGHTS· DIOCESE TO COUNTY Park: Project: APN: Rancho San Antonio Oak Valley Subdivision 342-5-28, 62 (Park) 342-5· 59, 60; 342-52-3, 5 (Diocese) AGREEMENT FOR EXCHANGE OF PROPERTY & EASEMENTS This is an Agreement for Exchange of Property & Easements (Agreement) among the COUNTY OF SANTA CLARA (COUNTY), the ROMAN CATHOLIC BISHOP OF SAN JOSE, a corporation sole (DIOCESE), the O'BRIEN GROUP, a California corporation (DEVELOPER), and the CITY OF CUPERTINO, a municipal corporation (CITY). RECITALS A. DEVELOPER is developing DIOCESE property (Project) next to COUNTY's Rancho San Antonio County Park In Cupertino west of Highway 280 for a residential subdivision. CITY conditions placed on DEVELOPER's Project require establishment of open space areas, both public and private, as defined In the Development Agreement approved by the CITY Council March 2, 1998 (Development Agreement), shown in Exhibit A. DEVELOPER & DIOCESE have completed the Phase 1 & 2 Environmental Site Assessment Cristo Rey Drive, Cupertino, California, January 9, 1998 for Diocese of San Jose and will complete associated remediations as defined below and all other conditions of the Development Agreement before COUNTY accepts the public open space in three phases. B. The dedications of open space to the COUNTY will add 1 30.32 acres of land to Rancho San Antonio County Park and will create a preserve for the endangered red-legged frog as well as new trail connections for park users and other park amenities. C. The intent of this Agreement is to acknowledge that if DEVELOPER and DIOCESE fulfill certain conditions, COUNTY agrees to accept open space parcels and convey easements as part of DEVELOPER's & DIOCESE's Project as specified in the Development Agreement and further specified in this Agreement. DEVELOPER & DIOCESE wish to construct various utility easements on the open space lands to be dedicated to the COUNTY, as well as place easements over existing park lands. The specific properties are shown in the attached Exhibits. DEVELOPER & DIOCESE shall fulfill the conditions according to the plans and specifications set out below. D. The CITY will assume the various public utility and access easements provided for In this Agreement and be responsible for their maintenance. E. The conveyances of open space and easements are Intended to meet the requirements of state and local laws on disposal of park lands. State laws require that use of COUNTY park lands for purposes other than recreation and open space be replaced by equivalent land and facilities serving the population of the surrendered area. By approval of this Agreement, COUNTY's Board of Supervisors finds that the proposed open space conveyances are substantially equal to the property rights COUNTY is to convey as part of this Agreement, that said conveyances are next to the COUNTY's park property, will become part of Rancho San Antonio County Park and will be used generally by the same persons who use the COUNTY park, according to Section 5405 (b) of the Public Resources Code. The Board of Supervisors further finds that the property COUNTY conveys under this Agreement is less than I 0% of the total park area. 1 AGREEMENT 1. PURPOSE Of AGREEMENT The purpose of this Agreement is to provide conditions for DEVELOPER & DIOCESE upon which COUNTY will accept open space parcels and convey easements as part of DEVELOPER's & DIOCESE's Project. COUNTY'S acceptance of the open space parcels (Areas A, B & C) shown in Exhibit Bis conditioned on DEVELOPER & DIOCESE fulfilling their respective obligations set out in this Agreement. Exhibits A through H listed below are attached and incorporated into this Agreement by reference. Exhibit A -Development Agreement Exhibit B -Overview Site Plan and Demolition & Remediation Site Plan Exhibit C-DIOCESE grant to COUNTY (LOS 5) Exhibit D -DIOCESE grant to COUNTY (LOS 1, 2, 3) Exhibit E ·DIOCESE grant to COUNTY (LOS 4 & 6) Exhibit F ·COUNTY grants of easements (EFC 3-6) Exhibit G -Covenants, Conditions & Restrictions, Oak Valley Subdivision Exhibit H -DIOCESE quitclaim to COUNTY of water facilities easement 2. DEFINITIONS & CONVEYANCES The items listed below are described for reference and relate to the various conveyances and reservations which are the subject of this Agreement. The conveyances and reservations are grouped by area, which relates to the anticipated phasing of Project construction. The COUNTY shall convey the easements over its property as shown on the attached Exhibits F 1 · F4 upon execution of this Agreement. COUNTY shall accept the conveyances from the DIOCESE as shown on Exhibit C, D and E after the obligations set out in this Agreement have been fulfilled. a. Development Agreement -Exhibit A: March 2, 1998, document between the CITY and the DEVELOPER which provides the conditions for the DEVELOPER's Project, induding December 17, 1998, ContfitionsofApproval. b. Overview Map -Exhlbit B: Exhibit B-1 Overview Site Plan contains the property transfers that are the subject of this Agreement. The map codes the various parcels and easements, and the codes are used to identify the parcels in the various property transfer documents and descriptions. Exhibit B· 2 Demolition & Remediation Site Plan shows the location of the demolition, fencing and grading work that is the subject of various conditions of this Agreement. c. Area A -Exhibit C I) Lands Dedicated to COUNTY for Public Open Space (67.54 acres): LOS 5 ·Grant to COUNTY from DIOCESE· Parcel E of Tract 9054 Oak Valley Unit 1 2) DIOCESE Lands to be Restricted in Use or Become Public Open Space: SNY l • DIOCESE Parcel H of Tract 9054 Oak Valley Unit 1, existing Snyder House, a former farm house · use to be restricted to development or use for the public as specified in Paragraph 8 below. CORP l· DIOCESE Parcel G of Tract 9054 Oak Valley Unit l to remain a cemetery corporation yard. The parcel shall be restricted by deed to such use as specified in Paragraph 9 below. 2 3) Utility Easements Reserved for the DIOCESE over Lands Dedicated to COUNTY for Public Open Space: EOS I -1 5-foot wide easement to maintain and replace underground telephone line between the main building of the Gates of Heaven Cemetery (cemetery) and CORP 1. EOS 2 -Easement to maintain and replace underground water system (pipes, wells, pumps, appurtenances) to serve cemetery irrigation. DIOCESE shall close the well according to all applicable regulations and COUNTY requirements when DIOCESE no longer uses it for cemetery irrigation. EOS 3 -I 5-foot wide easement to maintain and replace underground storm drain from cemetery to Permanante Creek. EOS 4 -15-foot wide easement to maintain and replace underground gas line from cemetery to existing PG&E gas line as shown in the easement to PG&E recorded October 3, 1939, in Book 946 Page 522 of Official Records of Santa Clara County. EOS 5 · Easement to maintain and replace underground gas and water lines and overhead electric lines from cemetery to CORP 1. EOS 6 -Private underground utility, access, construction and service road easement between CORP 1 and SNY 1, cemetery and Stevens Creek Boulevard which overlaps EOS 1 B, the public emergency vehicle access. EOS 7 -1 5-foot wide utlllty easement to install, maintain and replace underground utilities from cemetery to Stevens Creek Boulevard. 4) Easement Reserved for the CITY over Lands Dedicated to COUNTY for Public Park Lands: EOS I B -Easement for access to cemetery for public emergency vehicles, the public, construction and service vehicles. The CITY will maintain the emergency access. d. Area B • Exhibit D l) Lands Dedicated to COUNTY for Public Open Space (5.44 acres): LOS 1 -Grant to COUNTY from DIOCESE -portion of former Forum Lease Parcel owned by DIOCESE LOS 2 -Grant to COUNTY from DIOCESE -Parcel K, Tract 9054 Oak Valley Unit 1 Final Map LOS 3 -Grant to COUNTY from DIOCESE -Parcel], Tract 9054 Oak Valley Unit 1 2) Easements Reserved for the CITY over Lands Dedicated to COUNTY for Public Open Space: EOS 1 3-30-foot public utilities easement EOS 1 6 -Easement for installation, maintenance and replacement of public storm drainage facilities, including detention pond at north end of LOS 2. EOS 17-1 5-foot easement for installation, maintenance and replacement of public storm drainage facilities e. Area C -Exhibit E 1) Lands Dedicated to COUNTY for Public Open Space (57.34 acres): LOS 4 · Grant to COUNTY from DIOCESE· Parcel C of Tract 9054 Oak Valley Unit 1 LOS 6 · Grant to COUNTY from DIOCESE • Parcel D of Tract 9054 Oak Valley 3 Unit 1 2) Utility Easements Reserved for the CITY over Lands Dedicated to COUNTY for Public Open Space (to be maintained by the CITY unless otherwise noted): EOS 8 -10-foot wide public storm drain easement from Tract 9054 Oak Valley Unit 1 to existing swale EOS 9 -Easement for public sewer to be maintained by Qty of Cupertino Sanitary District; easement for public storm drainage from Tract 9054 Oak Valley Unit 1 to Cristo Rey Drive to be maintained by City of Cupertino Sanitary District EOS 10 -15-foot easement for public storm drainage including access for maintenance and replacement along Cristo Rey Drive to detention basin EOS 11 -Easement for public emergency vehicles access, public utilities (storm drain, sewer, water and joint utilities) and pedestrian/bicycle access. City of Cupertino will maintain emergency vehicle access and storm drain system. Qty of Cupertino Sanitary District will maintain the sewer system. San Jose Water District will maintain the water system. The joint utility system will be maintained by PG&E, Pacific Bell and TCJ or their successors. EOS 1 4 -10-foot easement for installation, maintenance and replacement of public storm drainage facilities along Cristo Rey Drive to the detention basin EOS 15 -Easement for installation, maintenance and replacement of public storm drainage detention basin EOS 19 20-foot by 35-foot easement for maintenance and replacement of public storm drainage EOS 20 -t 0-foot easement for public storm drainage facilities f. Rancho San Antonio County Park Lands -Exhibit F I) Utility Easements Granted by COUNTY to CITY over Existing Park Lands: EFC 3 -Easement to CITY for maintenance and replacement of water system to be maintained by San Jose Water District (currently leased from the City of Cupertino). EFC 4 -Easement to CITY for maintenance and replacement of water system from water tank to existing waterline easement near old water tank to be maintained by San Jose Water District (currently leased from the City of Cupertino). EFC 5 -Public utility easement to CITY for water, gas and electricity. San Jose Water District will maintain the water system (currently leased from the City of Cupertino). PG&E will maintain the gas and electric systems. EFC 6 -Rlght·of·way easement to CITY for road and utilities from Tract 9054 Oak Valley Unit t to Cristo Rey Drive. The City of Cupertino will maintain the road and storm drain system. Cupertino Sewer District will maintain the sewer system. San Jose Water District will maintain the water system (currently leased from the city of Cupertino). PG&E, Pacific Bell and TCI Cable will maintain their respective systems. l. AREA A CONDITIONS FOR COUNTY1 S ACCEPTANCE a. DEVELOPER's Obligations t ) Install new fence on the boundary of SNY t with 8-foot chain link fencing to match cemetery corporation yard fence. 2) Remove barn north of the cemetery as shown on Exhibit B-2. Removal shall include 4 complete removal of the structure and its foundation and restoration of the site to match the topography and natural state of the surrounding terrain. 3) Construct all facilities provided for in the easement shown as EOS 18. b. DIOCESE Obligations 1) Regrade the area northwest of cemetery shown on Exhibit B-2. DIOCESE shall submit the engineering plans to COUNTY for review, comment and approval. COUNTY shall have 30 days for such review and comment. No grading shall start until DIOCESE receives COUNTY's written approval, which shall not be unreasonably withheld. COUNTY shall have the right to inspect the grading In progress. 2) Install new chain link fence which matches the existing cemetery fencing along the new cemetery boundary as shown on Exhibit 8-2. 3) Remove existing fence from all parcels to be dedicated to COUNTY in Area A as shown on Exhibit B-2. 4) Fence CORP 1 -Parcel G of Tract 9054 Oak Valley Unit 1 as shown on Exhibit B-2. 5) Complete the hazardous material remediation to COUNTY's specifications as defined in Paragraph 10 below as shown on Exhibit B-2. 6) Construct all facilities provided for in the easements shown as EOS 1, EOS 2, EOS 3, EOS 4, EOS 5, EOS 6, EOS 7, and EOS 18. c. COUNTY Acceptance of Property COUNTY shall authorize the Chairperson of the Board of Supervisors to execute a Certificate of Acceptance of the parcel shown as LOS 5, including the reservation of easements, as shown on Exhibit B-1 Overview Site Plan and described in Exhibit C, after DEVELOPER & DIOCESE have fulfilled the obligations in 3 a. & b. above as evidenced by all of the following: • a copy of the CITY's acceptance of the project or release of DEVELOPER's bonds covering the subject Area, and • COUNTY's verification of any obligations not covered by such acceptance or bonding, and • COUNTY's approval of the installation of improvements in the easement and reservation areas, and • COUNTY's written acknowledgment that DEVELOPER and DIOCESE have fulfilled their respective obligations DEVELOPER shall give COUNTY notice seven {7) working days in advance of the final walk-through on the project so that COUNTY has the opportunity to review the conditions set out above. 4. AREA B CONDITIONS FOR COUNTY'S ACCEPTANCE a. DEVELOPER's Obligations 1 ) Remove bunkhouse and small building, Including foundations, northwest of bunkhouse and restore the topography and vegetation of the site to match the surrounding terrain as shown on Exhibit B· 2 Demolition & Remediation Site Plan. 2) Construct all facilities provided for in the easements shown as EOS 1 3, EOS 16, EOS 17, EFC 5, and EFC 6. 3) Construct 7 ·foot solid wood perimeter fence on west and east sides of Neighborhood 1 bordering the east side of Permanente Creek as shown on Exhibit B-2 DemoHtion & Remediation Site Plan. 4) Construct 7-foot 4 x 4 wire fence on south boundary of Neighborhood 1 where it 5 borders the east side of the Permanente Creek Riparian area as shown on Exhibit B-2 Demolition & Remediation Site Plan. 5) Complete transfer of any soil from Neighborhood l to Neighborhood 4 across parcels LOS 1 (west of Cristo Rey Avenue), hydroseed the hauling area in LOS 1 and LOS 3, and restore the area to its natural state to match the adjacent topography as shown on landscape Plans dated March I 0, 1998. COUNTY shall have the right to approve the hydroseed and restoration plans and specifications 60 days before the hydroseeding begins. 6) Complete perimeter grading as shown on the Oak Valley Improvement Plans and Exhibit B-2 Demolition & Remediation Site Plan. b. COUNTY Acceptance COUNTY shall authorize the Chairperson of the Board of Supervisors to execute a Certificate of Acceptance of the parcels shown as LOS 1, 2, and 3 on Exhibit B-1 Overview Site Plan and described in Exhibit D, after DEVELOPER & DIOCESE have fulfilled the obligations in 4 a. above as evidenced by all of the following: • a copy of the CITY's acceptance of the project or release of DEVELOPER's bonds covering the subject Area, and • COUNTY's verification of any obligations not covered by such acceptance or bonding, and • COUNTY'S approval of the installation of improvements In the easement and reservation areas, and • COUNTY's written acknowledgment that DEVELOPER and DIOCESE have fulfilled their respective obligations DEVELOPER shall give COUNTY notice seven (7) working days in advance of the final walk-through on the project so that COUNTY has the opportunity to review the conditions set out above. 5. AREA C CONDITIONS FOR COUNTY'S ACCEPTANCE a. DEVELOPER's Obligations 1) Construct all facilities provided for in the easements shown as EOS 8, EOS 9, EOS 10, EOS 11, EOS 12, EOS 14, EOS l 5, EOS 19 and EOS 20. 2) Construct the entry road from Cristo Rey Avenue, ponds and landscaping as shown on the Improvement Plans and landscaping Plans for Tract 9054 Oak Valley Unit 1. 3) Install all water and fire protection facilities for Neighborhoods 3 and 4 according to applicable regulations as shown on the Improvement Plans dated April 1 5, 1998. 4) Install signs and wood split rail fencing as shown on Exhibit B-2 Demolition & Remediation Site Plan. to protect red-legged frog habitat and to instruct the public on how to protect the habitat. b. DIOCESE Obligations I ) Maintain the ponds on LOS 6 according to the conditions set forth in the Grant Deed from the DIOCESE to the COUNTY for LOS 6 shown in Exhibit E. c. COUNTY Acceptance COUNTY shall authorize the Chairperson of the Board of Supervisors to execute a Certificate of Acceptance of the parcels shown as LOS 4 and LOS 6, including the reservation of easements as shown on Exhibits B-1 and E, after DEVELOPER has fulfilled the obligations in 5 a. above as evidenced by all of the following: • a copy of the CITY's acceptance of the project or release of DEVELOPER's bonds 6 covering the subject Area, and • COUNTY's verification of any obligations not covered by such acceptance or bonding, and • COUNTY's approval of the installation of improvements in the easement and reservation areas, and • COUNTY's written acknowledgment that DEVELOPER and DIOCESE have fullilled their respective obligations DEVELOPER shall give COUNTY notice seven (7) working days in advance of the final walk-through on the project so that COUNTY has the opportunity to review the conditions set out above. 6. EXISTING PARK LAND a. DIOCESE Obligations 1 ) DIOCESE shall remove its existing water facilities north of LOS 2 as follows: • Remove all facilities both above and below ground and remove materials to a legal dump site unless COUNTY agrees otherwise in writing. • Completely restore site to its natural state by matching the adjacent topography and vegetation. • Meet all federal, state and local regulations for handling hazardous materials related to removal of these water facilities • Quitclaim its interest in the facilities as shown in Exhibit H within 60 days of the execution of this Agreement. b. DEVELOPER's Obligations 1) Construct entry road from Cristo Rey Avenue (EFC 6)and fence with 3-foot split rail on both sides of entry road. 2) Remove existing 1920' s concrete water tank according to the following: • Provide written verification that the existing tank is constructed of only non· hazardous material. If the tank has an interior lining or interior or exterior coating, DEVELOPER shall conduct the appropriate required sampling as set out in Paragraph 10 below for COUNTY review of results before crushing. Results of the sampling showing the presence of material other than concrete may preclude disposal on site, and any hazardous material shall be removed to a legal dump site according to all applicable regulations. • Crush the concrete material • Bury crushed material on the site of the existing tank • Cover with soil and return topography to a natural state, including appropriate compaction and vegetation matching the adjoining area • Provide copy of CITY acceptance of this portion of the entire water system construction 3) Construct the new water facilities described in EFC 3 according to the conditions provided in the February 13, 1990, Agreement for Brant of a Water System Easement for Construction, Operation ant/ Maintenance of Water line Across lands of County between COUNTY, DIOCESE, CITY and Forum lifecare, Inc., and provide a copy of the CITY acceptance of the construction. c. Easements 1) DEVELOPER shall record the easements granted by COUNTY within 30 days after receiving them from COUNTY and before any construction begins. 7 d. ~tr!.!ction of Easement lmprovement5 1 ) DEVELOPER shall submit its plans and specifications to COUNTY for it5 approval 60 days before any work is to start on EFC 3, EFC 4, EFC 5, and EFC 6 unless COUNTY approves a shorter period in writing. DEVELOPER shall not proceed with any easement work without COUNTY's approval. 2) DEVELOPER shall notify COUNTY 60 working days in advance of approved work on any easement. 3) DEVELOPER shall not block public access to any part of COUNTY's park lands without the express written permission of COUNTY's Director of Parks & Recreation or his designee except for construction areas associated with easement improvements. Two-way traffic on park roads must be maintained at all times 4) DEVELOPER shall restrict public access to all construction areas by establishing protective measures such as installation of barricades or fencing to ensure the safety of park users and wildlife until the area is again safe for entry. COUNTY shall have the right to approve any protection measures proposed for these areas. 5) DEVELOPER shall restore any disturbed areas to original or natural contours, including, but not llmited to, removal or relocation of soil mounds and rocks, and fill and compact any excavations or other disturbances of the natural terrain. COUNTY shall have the discretion to determine the adequacy of the site restoration. 6) DEVELOPER shall dispose of all debris and hazardous materials resulting from the PERMITTEE's operations shall be removed to a legal dump site and provide written proof of proper disposal. 7) DEVELOPER shall remedy completely any damage it causes to COUNTY facilities as a result of its construction activities. 7. DEVELOPER'S & DIOCESE'S CONDITIONS PRECEDENT DEVELOPER and DIOCESE shall perform all the following conditions in addition to those specified in Paragraphs 3, 4, and 5 before COUNTY will accept LOS 1, LOS 2, LOS 3, LOS 4, LOS 5, or LOS 6: a. Pro fonna title report· DEVELOPER and DIOCESE shall have provided COUNTY with the proforma title report covering LOS 1, LOS 2, LOS 3, LOS 4, LOS 5, or LOS 6 before execution of this Agreement. b. Preparation of legal descriptions -DEVELOPER shall prepare legal descriptions for all conveyances and reservations which are the subject of this Agreement. c. Changes -DEVELOPER & DIOCESE shall not change any of the plans for the easements shown above without the written consent of COUNTY's Director of Parks and Recreation. d. As-Built Plans • DEVELOPER & DIOCESE shall provide COUNTY with a complete set of as-built drawings covering the easements shown above within 90 days after filing a Notice of Completion on the improvements in each of the Areas A, B and C. e. Construction Schedule • DEVELOPER & DIOCESE shall provide COUNTY a schedule for the construction of the Improvements in the above easements and reservations at least 60 days before the intended construction is to start. f. Preconstruction Meetings · DEVELOPER & DIOCESE shall notify COUNTY's Parks & Recreation Department Director of all preconstructlon meetings at least seven (7) working days ln advance of any meeting. a g. Conditions. Covenants & Restrictions -COUNTY shall have the right to approve DEVELOPER & DIOCESE's additions and amendments to the proposed Conditions, Covenants and Restrictions (CC & R's) (Exhibit G) for DEVELOPER & DIOCESE's project. DEVELOPER and DIOCESE shall submit any proposed changes at least 60 days before such changes would take effect. The CC&R's shall inform future residents of the regional nature of the adjacent parkland, the types of wildlife found In the area, and the sensitivity of the creek area. The CC & R's shall also acknowledge that COUNTY shall not be asked to change plants or facilities on the adjacent parklands to conform to aesthetics not consistent with the Permanente Creek riparian character; shall prohibit dumping in any drainage corridor leading to Permanente Creek; shall provide for individual adjoining homeowners' maintenance of the buffer zone and fencing in the private open space areas before DEVELOPER & DIOCESE record the CC & R's. The CC & R's shall not be amended to impose any obligation on COUNTY because of the construction of the residential development. In addition, COUNTY shall not be obligated to provide increased parking on existing or future park land as a result of any additional demands for parking associated with the development of the Project. h. Building Surveys & Hazardous Materials • DEVELOPER shall complete any surveys and analyses of structures on all parcels proposed for dedication to the COUNTY for the presence of asbestos-containing building materials (ACBM), lead·based paint as well as a comprehensive Phase I and II Environmental Site Assessment (ESA). DEVELOPER shall complete all remediation and removal of all identified hazardous materials according to the applicable regulation and COUNTY requirements before removal or demolition of any structures. 8. SNYDER HOUSE a. DEVELOPER's Obligations · DEVELOPER shall have two years from date of recording of Final Map of Tract 9054 Oak Valley Unit I either to enter into an agreement with a responsible party to operate the Snyder House for public benefit or to contract for the removal or demolition of the building and all associated structures from the site, as provided in the Development Agreement Paragraph 17 (Exhibit A) according to all federal, state and local laws. COUNTY shall have the right to review and approve the agreement for building removal 60 days before the execution of such agreement. b. Building Surveys & Hazarq0us Material Remediation · If the Snyder House is to be removed or demolished, DEVELOPER shall complete any surveys and analyses of structures on SNY 1 for the presence of asbestos-containing building materials (ACBM), lead-based paint as well as a comprehensive Phase I and II Environmental Site Assessment (ESA). DEVELOPER shall complete all remediation and removal of all identified hazardous materials according to the applicable regulation and COUNTY requirements before removal or demolition of any structures. DEVELOPER shall post a $50,000 bond to assure demolition, If demolition is necessary, and provide COUNTY with written evidence of such bond. c. COUNTY Acceptance • If another responsible party does not assume the Snyder House operation as specified in 8.a. above, COUNTY's acceptance of SNY 1 from the DIOCESE is conditioned upon the complete removal of all structures as provided in 8.a. 9 and b. above. COUNTY shall authorize the Chairperson of the Board of Supervisors to execute a Certificate of Acceptance of SNY 1 after DEVELOPER has completed the removal of all structures, Including fencing, as specified in 8 a. and b. above. If DEVELOPER fails to fulfifl the obligations in 8 a. and b. in the time specified, COUNTY shall have no further obligation to accept this parcel. 9. CORPORATION YARD DIOCESE shall submit to COUNTY for its approval a deed restriction on CORP 1 to ensure its use is not changed nor expanded from its use as a service yard for the adjacent cemetery within 30 days after execution of this Agreement. DIOCESE shall record the restriction within 30 days after its receives COUNTY's approval of the deed restriction. 1 O. ENVIRONMENTAL ASSESSMENT, REMEDIATION, COMPLIANCE AND INDEMNIFICATION a. DIOCESE and DEVELOPER Acknowledgment. DIOCESE and DEVELOPER acknowledges that DIOCESE and DEVELOPER conducted soil and groundwater testing as recommended by DIOCESE's and DEVLOPER's environmental consultant. b. Environmental Reports and Work Plans. DIOCESE and DEVELOPER represent and warrant that it has delivered to COUNTY copies of all reports and work plans which have been conducted on the environmental condition of all properties proposed for dedication to the COUNTY. The reports and work plans are as follows: 1 ) Report on Soil and Groundwater Sampling with laboratory Sampling, June 18, 1996 2) Project EIR 3) Phase 1 & 2 Environmental Site Assessment Cristo Rey Drive, Cupertino, California, January 9, 1998, for Diocese of San Jose 4) Addendum to Phase 1 & 2Environmenta/SiteAssessment, April 22, 1998, or any and all documents related to the environmental conditions on the subject parcels. c. Environmental Compliance. DIOCESE and DEVELOPER warrant that to the best of DIOCESE's knowledge parcels LOS 1, 2, 3, 4, 5, 6 and SNY 1 are not in violation of any federal, state or local law, ordinance or regulation of the environmental conditions of the parcels including, but not limited to, soil and groundwater condition, except as DIOCESE and DEVELOPER has previously disclosed to COUNTY in writing. d. Right to Inspect Property. COUNTY shall have the right to enter parcels LOS 1, 2, 3, 4, 5, and 6 to conduct Inspections and investigations to determine whether any hazardous materials exist or have been released on these parcels. COUNTY shall also have the right to conduct additional environmental assessments of the soils, waters and improvements on these parcels at COUNTY's expense. COUNTY shall complete its inspections and shall be deemed to have approved the Preliminary Environmental Site Assessment and the parcels' environmental conditions (including the existence or absence of hazardous materials) unless it delivers written notice to the contrary to the DIOCESE and DEVELOPER 60 days after the date of receipt of the latest dated assessment or addendum to any assessment. COUNTY shall have two years and six months from the date of this Agreement to inspect SNY 1 and conduct additional environmental assessments of the soils, waters and improvements and provide written notice to the DIOCESE and DEVLOPER. 10 e. Indemnity and Hold Harmless. DIOCESE agrees to Indemnify and hold harmless COUNTY, its governing Board, officers, employees, and agents, and any successors to COUNTY's interest in the chain of title to parcels LOS 1, 2, 3, 4, 5, 6 and SNY l, their directors, officers, employees, and agents, against any and all liability from the remediation of all hazardous materials as defined In 10. f. below. Nothing in this Agreement is intended to nor shall affect the statutory rights, duties and obligations of the parties if other hazardous materials are discovered on parcels LOS 1, 2, 3, 4, 5, 6 and SNY I by COUNTY or its successors in interest after transfer of title to these parcels. COUNTY shall have all of the rights, duties and obl!gatlons under state and federal law, state and federal common law, case law, and statutory law to seek reimbursement or remediation from DIOCESE or its predecessors in interest for hazardous materials. Such Indemnity shall include the cost of any required or necessary repair, cleanup or remediation and the preparation of any closure or other required plans arising from the presence, use, generation, storage, release or disposal of hazardous materials, whether such action is required before or after transfer of title to COUNTY. DIOCESE's obligation under this indemnity shall survive the close of escrow. f. Definition of Hazardous Materials. In this Agreement, "Hazardous Materials" shall include, but not be limited to, corrosive, flammable, explosive, or radioactive materials, hazardous wastes, toxic substances and related materials, and substances defined as nhazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1 980, as amended, 42 U.S.C. 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; and those substances defined as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in Section 25316 of the California Health & Safety Code; In the regulations adopted and publications promulgated pursuant to said laws; and any Environmental Law{s) as defined below. The term "Environmental Law{s)" means every federal, state and local law, statute, ordinance, regulation, rule, judicial or administrative order or decree, permit, license, approval, authorization or similar requirement of every federal, state and local government agency or other government authority that applies to the protection of human health and safety or the environment. g. DIOCESE's and DEVLOPER Hazardous Materials Warranty. DIOCESE and DEVELOPER warrant that to the best of its knowledge there has been no presence, disposal, release or threatened release of Hazardous Materials on, from or under parcels LOS 1, 2, 3, 4, 5, 6 and SNY 1 except as DIOCESE and DEVELOPER previously may have disclosed to COUNTY in writing. h. DIOCESE's and DEVELOPER's Litigation Warrantv. DIOCESE and DEVELOPER warrant that to the best of their knowledge and after reasonable research there has been no litigation or governmental administrative act or proceeding brought or threatened against the site nor any settlements reached by or with any party or parties alleging the presence, disposal, release or threatened release of any Hazardous Material on, from or under any of parcels LOS 1, 2, 3, 4, 5, 6 and SNY 1 except as DIOCESE previously may have disclosed to COUNTY in writing. 11 I. Documents. DIOCESE and DEVELOPER agrees to prepare, execute and provide copies to COUNTY of all manifests and documents required for the generation, transport and disposal of hazardous materials as required by this Agreement. DIOCESE and DEVELOPER shall provide appropriate documentation showing proper disposal of all excavated soils to an appropriate facility. j. Remedial Plan. DIOCESE and DEVLOPER shall hire quallfied consultants and contractors to develop and implement a Remedial Plan. The Remedial Plan shall contain the investigation, sampling, testing and conclusions that any contamination of any of the parcels LOS I, 2, 3, 4, 5, 6 or SNY I has been adequately characterized, as well as the Work Plan to remediate any hazardous material. DIOCESE and DEVELOPER shall not start work under the Remedial Plan without COUNTY's written approval, which shall not be unreasonably withheld. DIOCESE and DEVELOPER shall pay all costs incurred to Implement the Remedial Plan. DIOCESE and DEVLOPER shall start and continue diligently and continuously the work defined in the Remedial Plan according to all applicable requirements of law and regulatory agencies. All work shall be performed in a good, safe and workmanlike manner and shall take reasonable action to minimize the impact on the subject parcels and on COUNTY's later use of these parcels. k. Compliance. DIOCESE and DEVELOPER shall perform all work required under these provisions in compliance with all federal, state and local laws, regulations and policies. I. Release. COUNTY shall release DIOCESE and DEVELOPER from any liabilities, claims and actions arising from the environmental contamination identified and remediated under the Remedial Plan when the COUNTY's Department of Environmental Health or appropriate lead regulatory agency issues a letter stating that no further remedial action is required for the known contamination of the subject parcels. m. COUNTY's Acceptance. It is understood that COUNTY will not take title to the properties in Area A (LOS 5), Area B (LOS 1, 2, 3), Area C (LOS 4 & 6) or SNY until all environmental remediation is completed for each of the respective areas o SNY 1 as evidenced by appropriate written certification of final closure with no further action required by the appropriate regulatory authority(ies) for the specific contamination of concern. 11. DEFAULT If DEVELOPER or DIOCESE defaults on the provisions of this Agreement or any subsequent agreement affecting the subject property, COUNTY may enforce specific performance of this Agreement and shall have the right to pursue all legal remedies available to COUNTY available to COUNTY in law or equity. It is understood that the provisions of this paragraph shall survive the close of escrow and recording of any grants of property rights. 12. LEASES OR OCCUPANCY OF PROPERTY DIOCESE warrants that there are no oral or written leases or rental agreementi affecting any portion of parcels LOS 1, 2, 3, 4, 5, 6 and SNY 1. DIOCESE agrees to hold COUNTY harmless from any costs, liability, loss, damage, expense or costs for legal services arising from any such lease 12 or rental agreement of parcels LOS I, 2, 3, 4, 5, 6 and SNY I. It is understood that the provisions of this paragraph shall survive the close of escrow and recording of any Grant Deed(s). 13. INDEMNITY DEVELOPER, DIOCESE and CITY shall protect, defend, indemnify and hold harmless COUNTY from and against any damages, expenses or liabilities arising directly or indirectly from the conveyances of all property rights which are the subject of this Agreement, including, but not limited to, DEVELOPER's, DIOCESE's, and CITY' use of parcels LOS I, 2, 3, 4, 5, 6 and SNY I, except for negligent acts or omissions of COUNTY. This indemnity does not include the CITY nor the DEVELOPER in the indemnity as set forth In Paragraph I 0. e. above. t 4. BINDING EFFECT The conditions and obligations of this Agreement shal I be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 15. NOTICES Any notices required under this Agreement shall be considered delivered if sent by United States Postal Service postage paid or by personal delivery to the following: COUNTY OF SANTA CLARA ROMAN CATHOLIC BISHOP OF SAN JOSE PARKS & RECREATION DEPT. Rev. Michael). Mitchell 298 Garden Hill Drive 900 Lafayette Street, Ste. 30 l Los Gatos, CA 95032 Santo Clara CA 95050·4966 CITY OF CUPERTINO Planning Department 10300 Torre Avenue Cupertino CA 95014 16. COUNTY AUTHORITY O'BRIEN GROUP 2001 Windward Way Suite 200 San Mateo CA 94404-2473 The Director of Parks & Recreation shall be appointed to execute any further documents, including amendments, on behalf of the COUNTY to complete the transactions contained in this Agreement. 17. ENFORCEMENT If either party breaches an obligation under this Agreement, the non-breaching party shall have all rights and remedies against the breaching party afforded by law, including, but not limited to, the right to recover damages and the right to obtain specific performance of the obligation. The parties have executed this Agreement on the latest date shown below. anca Alvarado, Chairperson Board of Supervisors · Date: JUN 2 41998 ------- ROMAN qTHOLIC~ISHOP OF SAN JOSE By: .· )4-,,1~,,-t' Rev., icha 1 J Mitchell, Vicar General Date: /( L ;?9£ (J 13 Attest: O'BRIEN GROUP ~~~~~·····~·-·~·--rez, Clerk ~i~phen£;,iDfic~r];{- f Supervisors JUN 2 4 1C19R Date: _______ _ Approved as to fo m and legality: ,; CITY OF CUPERTINO t'oodar---' Kathryn Berry Deputy County Counsel Date: ~R.c It; I rrg Attest: 14 EXHIBIT INDEX EXHIBIT A -Development Agreement EXHIBIT B -OVERVIEW MAPS B-1 -11 " X 1 7" Overview Site Plan B-2 -11" X 17" Demolition & Remediation Site Plan EXHIBIT C -AREA A CONVEYANCES & RESERVATIONS LOS 5 -Parcel E of Tract 9054 Oak Valley Unit 1 Reserving therefrom the following: EOS 1 -Reservation of 15-foot easement for maintaining underground telephone line EOS 2 -Reservation of easement to maintain underground water system that serves the cemetery EOS 3 -Reservation of 15-foot easement to maintain underground storm drain pipe EOS 4 -Reservation of 15-foot easement to maintain underground gas line EOS 5 -Reservation of easement to maintain underground gas, overhead electric and water line facilities EOS 6 -Reservation of 30-foot easement for service road, underground utilities and construction traffic EOS 7 -Reservation of 15-foot underground utility easement EOS 18 -Reservation of 30-foot easement for emergency access and access to cemetery and SNY 1 EXHIBIT D -AREA B CONVEYANCES & RESERVATIONS LOS 1 -described by metes and bounds LOS 2 -Parcel K of Tract 9054 Oak Valley Unit 1 Reserving therefrom the following: EOS 16 -Easement for storm drainage detention pond on LOS 2 EOS 17 -15-foot easement for underground storm drainage near detention pond on LOS 2 LOS 3 -Parcel J of Tract 9054 Oak Valley Unit 1 Reserving therefrom the following: EOS 1 3 -30-foot easement for underground public utilities EXHIBIT E -AREA C CONVEYANCES & RESERVATIONS LOS 4 -Parcel C of Tract 9054 Oak Valley Unit 1 Reserving therefrom the following public utility easements to the CITY: EOS 8 -Reservation of 1 0-foot easement to maintain public storm drain EOS 9 -Reservation of easement to maintain public storm drain and sewer EOS 1 0 -Reservation of easement to maintainpublic storm drain EOS 1 1 -Reservation of 30-foot easement for emergency access and service road, underground utilities (storm drain, sewer, water, telephone) and construction traffic, and pedestrian/bicycle access. EOS 1 4 -Reservation of easement to maintain public underground storm drain along Cristo Rey Drive EOS 15 -Reservation of easement to maintain public storm drainage detention basin off Cristo Rey Drive EOS 19 -Reservation of 20' x 35' easement to maintain public storm drain EOS 20 -Reservation of easement to maintain public storm drain near emergency access road (EOS 11 ) LOS 6 -Parcel D of Tract 9054 Oak Valley Unit 1 with conditions for pond maintenance EXHIBIT F -EASEMENTS OVER EXISTING PARK LANDS F 1 -EFC 3 -Easement to maintain 2million-gallon water tank as part of public water system F2 -EFC 4 -Easement to maintain underground facilities and surface unpaved access for public water system F3 -EFC 5 -Public utility easement for underground water, gas and electrical systems F4 -EFC 6 -Right-of-way and utility easement, including storm drainage, sewer and water system EXHIBIT G -COVENANTS. CONDITIONS & RESTRICTIONS ON OAK VALLEY SUBDIVISION EXHIBIT H -QUITCLAIM OF WATER RIGHTS 15 .._..._._ ....... ~ ._,,,,..__. ....... ,.,...... lil'' ..... -·--.r:= .. -§! ~E"'~ --:__ llrilm lallpB .... i:a;i·n .. r< • :h>1'\'l>}O" ~~.,,. .. A~ T ~ N <> « ~ .. ~.q~.-~· ALTO$ 0 z ~ ' , ~ I w t .. "' u I J OAK -=======---·-----··· f i 0 ,,1 c r " rn I ·o' ~ I -; EXHIBIT A DEVELOPMENT AGREEMENT . BETWEEN THE CITY OF CUPERTINO AND THE O'BRIEN GROUP TABLE OF CONTENTS Page(s) I. Development Of The Ptopen.y ...............................••... 6 1.1 Development Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.2 Present Right to Develop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.3 Building Penn.it Approvals . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.4 Cooperation in Obtaining Allocation of Utilities . . . . . . . . • • . . . . . . . 8 2. Effect of Agreement ............................................ B 2.1 Supersedure by Subsequent State or Federal uws or Regulations .... 8 2.2 Future Exerci~ of Discretion by City . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Term ........................................................ 9 4. Development Fees, Assessments, Exact.ions, and Dedications . . . . . . . . . . . . 1 O 5. Standard of Review of Ministerial Penn.its .......................... 10 6. Park Fees ....................•... : .............•.•.......... 11 7. Water Tank Reimbursement •...................•....•.......... 13 7 .1 Maintenance ........................................... 13 8. Cooperation in Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9. Periodic Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9.1 Annual Review .••••........•.....•.........•............ 14 9.2 Owner's Submittal ....................................... 14 9.3 City's Findings .......................................... 15 10. Default. and Remedies .......................................... 16 10.l Default ................................................. 16 10.2 Remedies .................... , . . . -. . . . . . . . . . . . . . . . . . . . 16 11. Agreement to Amend or Temlinate ..........•..............•..... 17 12. Mortgagee Protection; Certain Rights of Cure . -.... - . . . . . . . . . . . . . . . . l 7 12.1 Mortgage Protection . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 12.2 Mortgagee Not Obligated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B i 12.3 Notice of Default to Mortgagee .......•.............. , ...... 1 B 13. Assignability ............................................. , • . . 19 13. l Right to Assign .••......................... ' .............. 19 13 .2 Covenants Run With The Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 14. General ................•..•............... , ....•............ 20 14.1 Constnu:tion of Agreement ................................ 20 14.2 No Waiver ............................................. 20 14.S Agreement is Entire Agreement ............ ; ...•............ 20 14.4 Estoppd Cen:Hlcate ...••..•......•........•.••..•.. , ..... 21 14.5 Counterparts ........................................... 22 14.. 6 Severability . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . 22 14. 7 Further Documents .•.................................... 22 14.S Time .is of the Essence ........•......................•.... 22 14.. 9 Attorney's Fees ...............................•...••..... 22 15. Notice .................................•.................... 22 ii ( ( DE'VET QPMENT AGREEMENT • ~/VD THIS DEVELOPMENT AGREEMENT ("Agreement") 1s entered as of this_ dayof MAflCH , 1998 ("Effective Date") by and between TI-IE CITY OF CUPERTINO ("City''), a California municipal corporation and the O'Brien Group ("Owner:"), a California corporation. THE PARTIES ENTER INTO THIS AGREEMENT c1n the basis of the following facts, understandings and intentions: A. Sections 65864 .i:.t. SQ.., of the California Government Code. authorize City r.o establish procedures to enter Into binding development agreements with persons having legal or equitable interests in real property located within the City for development of the propeny. B. Chapter 19.116 of the Cupertino Municipal Code ("Code"), adopted by the City Council ("City CoWlcil") of the City in l 984, estab'.lishes the authority and procedure for review and approval of proposed development agreements. C. The Roman Catholic Bishop of San Jose, a corporation sole is the vested legal owner of the property ("Property") governed by this Agreement. (Attached as E;chibit A to this Development Agreement is a map and legal description of the Property governed hereby.) The Property consists of approximately 212 acres. The O'Brien Group has the contractual right to plll"chase the Property and therd'ore qualifies as an applicant under the Code and is referred to h·~rein as "Owner." Owner DSVELOPMENT AGREEMENT ~ 0131J'l'l.1/fi/91.1/~0l97.1f!;f.lt1. I l/oA'I. U"°l. lf.!7'9S b\Wl'OIMNRSW.<•S\OIWl~ PAGE 1 intends to build a mruiter·planned residential development ("Project") on the Property wi~hin the policies and limits governing usable space allocation expressed in the Cupertino General Plan ("General Plan"). The applicable prcivisions of the General Plan which pertain to the development of the Property are a'~tached hereto as 'Exhibit B and incorporated by this reference. Owner has filed an application for various entitlements of use in order to develop, subdivide and construct the Project. These applications were determlned to .be complete on August 22, 1997. These entitlements are described in the following applications: L 6-U-97: Use permit to construct 178 residential units and ancillary improvements on approximately 79. 9 acres of the 212 acre pro petty. 2. 4-TM-97: Tentative Map to subdivide approximately 79.9 acres of the property into 178 lots. 3. 5-Z-97: Zoning to rezone approximately 80 acres of the 212 acre property from agricultural (A). quasi public (BQ) to plannM developmenr/residential (PIRES) and 132 acres from (A) to public park. or recreation (PR). · 4. l 5-EA-97: Mitigated negative declaration. The provisions of the General Plan, the Subdivision Ordinance of the City of DEVELOPMENT AGREEMENT Pd. w:.1191, 7Ni1. 7!lMi.1tJ'fl'J1, l l/fll"';, ltl!JOll. in1~a j,:\~1NR.5\V'W.<l5"\D!'<l\C~VEW\GUNL PAGE2 I • Cupertino (Title 18 of the Code) the Zoning Ordinance of tlu~ City of Cupertino (Title 19 of the Code) and the entitlements issued punuant to the foregoing applications are collectively referred to herein as the "Vested Elements." The approved applications with all c.onditioru, limitations and mitigations imposed are attached hereto and incorporated herein by this reference and marked as Exhibit C and are deemed hereby to be part of the Vested Elements. D. This Agreement authorizes Owner to implement and carry out the ,Project in all re.specrs subject only to the requirements of the Vested Elements and amendments to such Vested Elements as may be mutually agrl!Cd upon by the Parties hereto. E. The CWTent legal owner of the Property has filed with the proper authority on or about September I 8, I 992, a notice of nonrenewal of land conservation contract(s) governing a portion of the Property. The Parties acknowledge and agree that a petition for cancellation of the land conservation contract(s) will be filed upon approval of the Vested Elements by the City and that such petition for cancellation will be processed expeditiously and in accordance with the Permit Streamlining Act (Govt. Code §§ 65920 et. seq.) and applicable City ordinances. The Parties further acknowledge and agree that the detemtinatlon of the City to cancel the land conservation contract(s) will be based upon Section 51282 of the Government Code as of the effective date of this Development Agreement. DEVELOPMENT AGR.£EMENT ff!V, af).11'J1, 7;&;47. 711~1. 7f:!_.Jl41~ l l./rJl97. 1/a;q8, lf.171)8 l;;\Wl"D\MNa$"WW'>S'Rl\ACRU\OISVe.L.t\Cff..FNL PAGE3 provided that norhing herein constitutes a commitment or obligation of rhe City to exercise its disaetion in any particular manner relative to sw;;h petition for cancellation. For purposes of this Agreement and the V estecl Elements, consideration of the petition for cancellation shall be and is hereby deemed a part of the Project. The Parties further acknowledge and agree that the Owner iii designating or dedicating for open space and/or park purposes, 159 acres of the Property. A portion of such dedicated lands are covered by the land conservation contract(s) . . Notwithstanding the petition for cancellation, such dedicated lands are not capable of development under the tem1s of the Cupertino General Plan. F. City and Owner acknowledge that development and construction of the Project is a large-scale undertaking involving a major investment. by Owner and City, with development occurring In phases over several years. Certainty that the Project can be developed and used in accordance with the Vested Elements will benefit Owner and City, and will provide to both Parties a pennane:nt plan for development of the Property and implementation of City's General Plan. G. City is willing to enter into this Agreemerit foi: the reasons enumerated in Cupertino Mwlldpal Code Sections 19.116.010 and 19.116.020, and (i) to eliminate uncertainty in the comprehensive development planning of large-scale projects in the City, such as the Project; (ii) to secure orderly development and progressive fiscal benefits for public services, imp~ements and facilities planning in Ol!V'l!l.OPMl!NT AGREEMENT t<Y. o!J1ft1. '1/ftf-'J1. 7t10f9'1.1tJ.'1/41, I t/~7.1/&,/Qll, lf.!7/Cli l•~•:Ml~Pl'L PAGE4 I . l ' the City; (iii) to meet the goals and objectives of the General Plan; and (iv) to provide for Owner's and City's benefit, high quality open space, corniervation of natU"('al resources, affordable housing, infrastructure improvements and other public amenities; including. but not limited to, 18 below market residential units, a 2 million gallon water tank, 159 designated acres of open space and parks, two public tot lots, and preservation of a poU:ntially histonc structure. H. City's willingness to enter into thi.5 Agreement is a material inducement to Owner to implement the Project within the Cty of Cupertino, and Owner proposes to enter into this Agreement in order to obtain assurance Crom City that the Project may be developed, constructed, completed and used pursuant to the General Plan, subject to the limitations ex.pressed herein. I. On September 5, 1995, the City Council adopted :Resolution No. 9415, certifying that the 1993 General Plan Amendments EIR an<! the current General Plan policies were adopted in compliance ·with the California Environmental Quality Act ("CEQA"). J. On July 28, I 997, City's Planning Commission held a duly noticed public hearing on this Agreement (i) determined that consideration of this Agreement complies with CEQA based on certification of a negative declaration; (Ii) determined that this Agreement is consistent with the City's General Plan; and {iii) recommended that the City Council approve this Agreement. DEVELOPMENT AGREEMENT tw. ol'l7/Q7. 7!BA7. 7/lfJ/07, 7t:...,...,, i i,.pf, I~&. 1,'27/QI l~Wl'Cl\Ml<l'SW\-l'l!S\Ol~C PAGE .5 l<. On December l, l 997, the City Council held a duly noticed public hearing on this Agreement., detennined that consi:de:ration of this Agreement complies with CEQA, found this Agreement to be consistent with the City's General Plan, and introduced Ordinance No. 1773, approving this Agreement. L. On January 5, 1998, the City Council adopted Ordinance No. 1773, enacting this Agreement. M. On December l, l 997, the City Council inttoduced Ordinance No . . l 77 4 rezoning the Property and on January 5, 1998, adopted Ordinance No. 177 4. N. Rl::;olution No. 9415, Ordinance No. 1773 and Ordinance No. 1774 are deemed hereby to be part of the Vested Elements. NOW, THEREFORE, pursuant to the authority contained in Sections 65864 i:;.t ~ .. of the California Government Code and Chapter 19. 116 of the Cupertino Municipal Code, .and in consideration of the mutual coven.ants and promises of the parties, the parties agree as follows: I. Development Of The Property 1.1 Development Plan. Owner shall have ilie right to develop the Property in accordance with the provisions of this Agreement and the provisions of ·the Vested Elements. Without limitation of the scope of the Vested Elements, the permitted uses of the Property, the range of density and intensities of use, the range of heights and sizes of the proposed residences, the developtnent schedules and the DEVELOPMENT AGREEMENT «:¥, QfJ.1!?1.1!flJQ'1, 1/HW1, 1~. ll/Qtll7, 1/iL'08. it.::7/GI ll\~1NR5\V\4QS'\j)l~FNL PAGE6 i \ ( general provisions for reservation or dedication of land for public purposes or fees in lieu thereof, the public improvements, and the design and improvement of the subdivision shall be as provided in the Vested Elements as or the Effective Date of this Agreement. This Agreement does not vest architectural plans for homes not otherwise approved as part of the Tentative Map or final public improvement plans. 1.2 Present Right to Deye!qp. Subject to the provisions of this Agreement, City hereby grants to Owner the vested right to develop and construct all improvements comprising the Project in accordance with the Vested Elements which shall apply to the Property and are set fonh as Exhibit C. including 1 78 subdivided residential lots. No future modifications of the Cupertino General Plan, the City Code, City Ordinances, palides or regulations which purport to (i) limit the range, rate or amount of possible development of the Project; (ii) lrnpose new fees other than fees listed in condition 41 of the conditions of approva'.. of 6-U-97, exactions or moratorla upan development, occupancy or use of the Proje<.1:; or (iii) are inconsistent with the Vested Elements, shall apply to the Project. Nothing stated herein, however, shall prevent or preclude City from adopting any General Plan amendments, zoning measures or other land use regulations whicl1 are wholly consistent with the General Plan and the teims of this Agreement. 1.3 Building Permit Approvals. Notwithstanding any other provision of this Agreement to the contrary'. Owner's rlght to develop and improve DE.VELOPMl!NT AGREEMENT ~. 61l7!'¥1. 118191. 7/10/97. 1/l-t/91, l 1/'1197. l/!i/9&. lf.17/91 Fo\W~a.$W\A95\0l\Aelle£\0£VF.t .. '4CR PAGE.7 the Project shall be subject to building permit issuance pursuant to the regulations and ordinances ("Uniform Building Code") In effect as of the date of issuanc:e. Owner's rights to issuance of building permits shall also be subJect to Owner's compliance with all conditions of approval, limitations and mitigations imposed by the Vested Elements. l .4 Cooperation in Obtaining Allocation of Urilities. City shall cooperate with Owner in obtaining from the appropriate utility companies the . utilities, including dectridty, gas, water and sewage sCIVice capacity and facilities, for development of the Project in accordance with the terms hereof throughout the Term of this Agreement (defined in Section 3 below). 2. Effect of Agreement. 2.1 Supersedure by Subsequent Sta.re or Federal Laws or Re!I,Wations. If state or federal laws or regulations enacted after the Effective Date are inconsistent with the Vested Elements or the provisions of this Agreement, this Agreement. shall be deemed modified or superseded to the e:<tent necessary to comply with the srate or federal laws or regulations. Notwithstanding any provision of this Agreement to the contrary, City may exercise its discretion r.o impose conditions upon the Project not contained in the Vested Elements which will enable the City to comply with any federal or st.ate laws, regulation or mandate which is in effect at the time the approval is sought, provided that the conditions imposed (i) are necessary to DEVELOPMENT AGREEMENT ttN.cP..7/91, ";~7. 7111~7. 7t.:;'4Jil7."J1.lttif*1. J!aMli. IJ:7JCll );\~S\Ot\AGa56\0~ PAGES ( comply with any federal or star.e law, regulation or mandate whic~h is in effect at the time the applications sought are deemed complete; or (ii) are neceisary to protect against a substantial and imminent threat to the Oty's he.ahh, safety and welfare. Owner shall have the right to challenge, in a court of competent jurisdiction. the law o:r: regulation preventing compliance with the terms of this .Agreement and, if the challenge is successful, thls Agreement shall remain unmodified and in full force and effect. 2.2 Future Bxercise of Discretion by CiQ!. This Agreement shall not be construed to limit the authority or obligation of City to hold convenient or necessary public hearings, to conduct all analyses ~equired by CEQA, the State Planning and Zoning law, the Subdivision Map Act, City Ordinances or any other applicable federal, state or loc:al law or regulation. Furthermore, this Agreement does not limit the discretion of City or any of its officers or officials with regard to rules, regulations, ordinances or laws which require the exercise of discretion by any of its officers or officials, provided that the discretionary decision$ reached are consistent with the Vested Elements and this Agreement. 3. Term. The tenn (''Term") of this Agreement shall commence on the Effective Date, thiny (30) days after enactment of this Agre.ement, and shall automatically expire seven ( 7) years after the Effective Date. DEVELOPMENT AGREEMENT fl!'V, er-7111.111197. 7/ltyq7, 7f.!.V4'1, UNQf, *1llJ!lil.1fl71'11 f;\l¥PDIMNl\SW'\49.5\0£\A.C.llE1NlE.~PNL PAGE9 4. Develapment Fees. AAAey1sments. Evartions. and Dedications. Other than as provided under the terms of this Agreement or conditions of approval all Citywide fees, assessments, dedication formula and tax:es payable in connection with the development, construetion, occupancy, use and sale of the Project pursuant to this Agreement shall be those applicable to all similar developments in the City at the time of Issuance of building and col\Jltruetion pennits. No new fee, a.ssessment, exaction or required dedication policy, not in effect on the Effective Date, shall be . imposed on the Project. Tius Agreement does not preclude 1:hc imposition of increased fees. nus Agreement does not preclude imposition of new or increased taxes on the Project subsequent to the Effective Date. provided that the taxes shall be imposed or increased on a Citywide basis. Notwithstanding the foregoing to the contrary, the fees imposed under the Uniform Building Code or ft'!.CS imposed for ministerial permits described in Section 5 hereof, for plan check, inspection, and building pennits and the like, shall be those fees in effect at the time of issuance of building permits or other mlnisterlal permit&. 5. Stan¢trd of Rcview gf Ministerial Pennits. All tnlnisteria! pennits ("Permits") required by Owner to develop the Property. including (i) road construction permits; (ii) grading permits, (iii) building permir.s; and (iv) certificates of occupancy, shall be Issued by City after Oty's review and approval of Owner's applications therefor, provided that City's review of the applic:ations il> limited to Dh'VELOPMENT AGR£EMENT Uf!lt. 61'J.7'1i. i/8191, 71\0Nt, '11'!4191. l t/tlfl1!1. I,.,....., lll71'S l!\wPOIM>'l\SWW•O\Ot~IVNL PAGE 10 ( ( determining whether the following conditions are met: (a) The application is complete and include:1 payment of all applicable fees; (b) The application complies with all federal, st.ate and city reci.uirements normally admini11tered by City; and ( c) The application demomtrates that Owner has complied with the Vested Elements. 6. Pa.rk Fees. (a) Notwithstanding anything in this Development Agreement to the (;ontrary, in lieu of any and all park fees, Owner shall, at the time of recordation of the applicable Final Map for neighborhood 2 and neighborhood 3 respectively, dedicate one lot from each such neighborhood to the City at. no c:ost to the City. In the event Owner receives approval for 178 l't':Sidential Jots as proposed in Owner's Amended Application dated July 28, 1997, the Owner shall dedicate a second lot from neighborhood .3. In neighborhood 3 one lot would be located southwest of Street 34 A and the second lot, if any, would be located on the cul-de-sac northeast of Street 34 A. The lots shall be of average value in each respective neighborhood. In the event of disagreement between the Owner and the City regarding the selection of the lots, the Parties shall, starting with the City, alternately and peremptorily strike lots which are not reasonably considered of average value with the final 2 lots, or if OEVEI.OPMENTAGREEMF.NT rtN. W'l?l'J7. 1/8191, 1nQl'n, 11H!4i. 11,......1. t~a. t/.!71"'• f,\Wl'l>'MN!ISYM9"°1\AC!Wl\O~ PAGE 11 necessary 3 lots, being the lots selected for dedication. Thi!! lots shall be selected within ninety (90) days of the approval of the tentative map. (b) Owner or Assignee shall rough grade the: lots to be dedicated and shall install all appropriate public services at such time as the remaining lots of the neighborhood are improved with public services. (c) All fees associated with construction of improvements on thl!! dedicated lots shall be thl!! responsibility of the City or its s1.iccessor in inten:st. All landscaping and irrigation costs are the responsibility of the City or its successor. All provisions of applicable covenants, conditions and restrictions recorded against the lots shall apply and be met. City shall have no obligation tC> build an the lots or sell the lots. However, City or its successor shall maintain the lots at all times, i.e., monthly weed control and abatement, ga.rbagl!! removal and fire control. The Parties shall record an appropriate instn.1ml!!nt guaranteeing that th•! lots cannot hi!! resubdivid.ed or used for anything other than single family d.etached residential uses. (d) If at the time Owner complc:tcs the Project and the lots remain unimproved, the av.mer shall install a li1iear parkway through the lots consistent with the remainder of the lots in that phase and the City or its successor shall maintain! such linear park improvements on a weekly basis and pay any utility charges therefor. (e) TI1e Owner shall not seek to have the City construct any neighborhood park to serve the project from funds realized from the sale or DEVELOPMENT AGR£EMENT rw. ~it'JT, Tl81?7, 711W'f1, 1/':!.4P'1, 1 iltt/'4'1, t1ttJ'llliJ. l/27/ltl f!.W'PO'!MMtsW\-t95'9l!~l.MllU'NL PAGE12 ( ( development gf the lots. 7. Water Tank Reimbursement. Owner will construct a water storage tank to serve the Project and the City with a capacity of two million gallons. Owner shalt be reimbursed by the City for the ina-emental cost of i:ncreasing capacity from one million to two million gallons. Reimbursement for this incremental cost shall occur within thirty (30) days of payment of invoices for the work by Owner. Bid amounts and invoices shall be subjeet to reasonable review and audit by the City. Reimbursement between Owner and other private parties shall be by mutual agreement. 7.1 Maintenance. Within the Projeet, home.owner will be responsible for maintenance of linear park.!i and private opert space which are a part of the individual lots. Owner shall not be required to fonn a home.owner's association or similar entity to maintain improvements on common or private property. 8. Cooperation in Implementation City shall cooperate with Owner in a reasonable and expeditious manner, in compliaru:e with the deadlines mandated by applicable statutes or ordinances, to complete all steps neceJ1sary for Implementation of this Agreement and development of the Project in ac::cord..mce herewith, in particular in performing the following functioN: (a) Scheduling all required public hearings by the City Council, Planning Commlssion and City staff required meetings; and DEVELOPMENT AGREEMENT to::W. IJ/'J1M, 11814t, 7/lOl'llT, 1J:-l/'17, l lp,,/41, 1/&1"18. !r.'1Pll l:\WPDMNRSW.,49~l\AGRES,\OISV!LlOJUNL PAGE 13 (b) Processing and checking all maps, plans, land use permits, building plans and specifications and orher plans reJadng to development of the Project filed by Owner or its assignees. (c) Processing of lot line adjustments following or concur:rent with tentative cancellation of applicable land conservatlon contracts. Owner, in a timely manner, shall provide City with all documents, applications, plans and other information necessary for the Qty to carry out its . obligations h~cunder and to cause its planners, engineers and all other consultants to submit in a timely manner all necessary materials and documents. It is the parties' C.'Cpress intent to cooperate with one another and to diligently work to implement all land use and building approvals for development of the Project ln accordance with the tf'mls hereof. 9. Periodic Re.view. 9.1 Annual Reyiew. City and Owner shall review all actions taken pursuant tn the terms of this Agreement once annually, within sixty ( 60) days before the anniversary of the Effective Date, during each year of the Term llllless the City and Owner agree in writing to conduct the review at another time. 9.2 Owner's Submittal. Within ninety (90) days before each anniversary of the Effective Date, Owner shaU submit a letter ("Compliance Letter") to the City Planning Direcwr describing Owner's compliance with the terms of this DEVELOPMENT AGREEMl!NT rtN. Dl'.l'7/!1'1, 7/8197, 7110/97. 71'!~1~ U1'1r'97. I~. ir:.7~ l>AWPD.MNRSW\~C15'0J\AGUaD~FN'L PAGE!4 ( Agreement during the preceding year. The Compliance Letter shall include a statement that the Compliance Letter is submitted to City pursuant to the requirements of Government Code Section 65865. l and of the City Code. 9.3 City's Findings. Within sixty (60) days after receipt of the Compliance Letter, the Planning Director shall determine whether, for the year under review, Owner has demonstrated good faith substantial comP,liance with the terms of this Agreement. If the Planning Direc:r.or finds and dct.amines that Owner has . complied substantially with the terms of this Agreement, or does not determine otherwise within sixty (60) days after delivery of the Compliance Letter, the annual review shall be deemed concluded and this Agreement shall remain in full force and effect. Upon a determination of c:ompllancc, the Planning Director shall issue at Owner's request a recordable certificate ronfinning Owner's compliance through the years(s) under review. Owner may record the certificate with the Santa Qara. County Recorder's Office. If the Plar\ning Director initially determl.nes the Compliance Letter to be inadequate in any respec:r., he or she shall provide written notice to that effect to Owner. If after a duly noticed public hearing thereon the City Council finds and determines, on the basis of substantial evidence, that Owner has not complied substantially in good faith with the terms of this Agxeement for the year under review. the City Council shall give written notice thereof to Owner specifying the non-compliance. If Owner fails to cure the non-compliance with a reasonable period DEVELOPMENT AGREEMSNT rlN. o(J.7FJ7, 1~7.1ft~1, 1rJ.4/41, l 111)/47, 1Jillf*il', li:7JCIS ff\WPO\MNRSW\ot""°f~EVELi.\Qt.PNL PAGE 15 of time established by the City Council, the City Council, in it.s discretion, may (i) grant additional time for Q,"1ler's compliance, or, following a public hearing on the matt.er, modify this Agreement to the extent necessary to remedy or mitigate the non- compliance, or ii) terminate this Agreement. Except as affected by the tenns hereof, the terms of Cupertino Municipal Code Chapter l 9. l 16 shall govern the compliance review process to be followed by City. l 0, Default and Remedies. I 0.1 Default. Failure by either party to perform any material term or provision of this Agreement shall constitute a default hereunder, provided that the party alleging the default shall have given the other party advance written notice thereof and sixty (60) days within which to cure the condition ox-, if the nature thereof is such that it cannot be cured within that time, the party receiving the notice shall not be in default hereunder if the party commences to perform its obligations within the sixty (60) day period and thereafter diligently completes performance. Written notice shall specify in detail the nature of the obligation to be performed by the party receiving notice. 10.2 Remedjes. Upon City's material defaulr~ Owner shall have all of the remedies available to Owner under California law, including the option to instit\tte legal proceedings to specifically enforce, rescind or i:efonn this Agreement. Upon Owner's material default in iu obligations set forth in DEVl:LOPMENT AGREEMENT U¥. """1:1f91, 7/8197, 7/il)"}f, 7CA/'tl. t l/~7 .. 1"'9$, l~71'fS l,\W!'C>NNllSWl<•S'lll~IOIU'NL PAGE 16 ( ( Section 6 hereof, City shall be entitled to initiate legal proceedings tD specifically enforc:e, rescind, Qr reform the Agreement. Any such legal a<:tlon by either party does not preclude that party from recovering damages or other judicial relief. No action by · either party during the Term hereof shall be deemed a wavier or release of any right to assen a claim for monetary damages from the other party. 11. Agreement !Q.Amend or Terminate. City and Owner by mutual agreement may terminate or amend the terms of this Agreement, and the amendment ,or termination shall be accomplished in the manner provided Wlder California law for the adoption of developn1ent agreements. 12. Mortgagf:e Protection: Certain Rights of Airs::. 12. l Mortgage Protection. This Agreement shall be superior and senior to all liens placed upon tile Property or portion thereof after the date on which a memorandum of this Agreement is recorded, including the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or lmpalr tile lien of any Mortgage made in good faith and for valw:, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against all persons and entitles, Including all deed of trust beneficiaries or mortgagees ("Mortgagees'') who acquire title to the Property or any pciruon tllereof by foredosure, trustee's sale, deed in lieu of foreclosure or otherwise. DEVELOPl\llENT AGREEMENT AIV, ~7~7, 7/&'07, 1/1~7, 7Jl.4/97, ! 1"""7, i~S. lf.?7J'ia l!\W'Pt'M4t"RS\'-\'44S\l)IV.Otum\Pl!Vlii.AO!U'Nt. PAGE !7 12.2 Mongagee Not Obligated. No foreclosing Mortgagee shall have any obligation or duty under this Agreement to construct o:r complete the construction of any improvements required in connection voiith this Agreement, or to pay for or guarantee construction or completion thereof. City, upon receipt of a V\l'ritten request therefor from a foreclosing Mortgagee, shall permit all Mortgagees to succeed to the rights and obligations of Owner under this Agree1nent, provided that all defaults by Owner hereunder that are reasonably susceptible of being cured are . cured by the Mortgagee as soon as is reasonably possible. The foreclosing Mortgagee then!after shall comply with all provisions of this Agreement. 12.3 Notice of Default tqMortgagee. If City rec:eivl!!.S notice from a Mortgagee requesting a copy of any notice of default given to Owner hereunder and specifying the addrus for service thereof, City shall deliver to Mortgagee, concurrently with the service thereof to Owner. all notices given to Owner describing all claims by the City that Owner has defaulted h=under. If Cit:y detennines that Owner is in noncompliance with this Agreement, Cit:y also shall serve notice of noncompliance on the Mortgagee concurrently with service thereof on Owner. Each Mortgagee shall have the right during the same period available to Owner to cure or remedy. or to corrunence to cure or remedy, the condition of default claimed or the areas of noncompliance set forth in City's notice.. DEVELOPMENT AGREEMENT ,.,. w:.1,:11, 7/8191, 7/10/97, 7/Z.i/91, l 11"'47. l/tif'llf, lf.:71'1ti Ji\W'Pll\MNRSW\:t'fS\01~6\'81...AiCR.Ft.lL PAGE 18 ( ( \ . 13. Assignabilit,y. 13.l Right to Assign. Owner may assign its rights to &vclop the Project pursuant to this Agreement without written consent of the City; provided however, each successor in interest to Owner shall be bound by all of the terms and provisions hereof applicable to that portion of the Project acquired. by it. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the panics' succesiiors, assigns and legal representatives. The te:rms of this Section 13.l . shall not restrict, prevent or otherwise affect Owner's ability to lease, sc::ll or convey interests in the Property. This Agreement. or a memorandum hereof shall be recorded by the City in the Santa Clara County Recorder'.!! Office promptly upon execution hereof by both parties. 13.2 Cpyenants Run Wltb The Land. During the u:nn of this Agreement, all of the provisions, agreements, rights, powers. standards, t.enn.s, covenants and obligations contained in thls Agreement shall be binding unconditionally upon the parties and their respective heirs, :;ucc.essors (by merger. consolidation or otherwise) and assigns, devisees, admini.iittir.tors, representatives, lc:ssees and all other persons or entities acquiring the Property, any lot, parcel or any portion thereof, and any interest therein, whether by sale, operation of law or any manner. and they shall inure to the benefit of the panics and their respective successors. This Agreement creates no personal obligations of Owner or its DEVELOPMENT AGREEMENT ....... 6/",..'//91, '!""7,'fftOWl, 7t:i/47, lt/dfl'7, i/11J8, l/J7J'NI '"~NRSWWJ5\0~M. PAGE 19 successors, but only obligations appunenant to the Property. 14. General. 14. l Construction of Agreement. The language in this .Agreement Jn all cases shall be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs and subparagraphs of this Agr«mf!nt are for convenience only and shall not be considered or refem:d to in resolving questions of construction. 'This Agrccmcnt shall be governed by the laws of the State of California. 14.2 No Waiver. Subject to the provisions of Section 10.2, no delay or omission by the City in exercising any right or power ac.auing upon the noncompliance or failure to perform by Owner under the provisions of this Agreement shall impair any right or power or be construed to be a waiver thereof. A waiver by City of any of the covenants or conditions to be perfomied by Owner or City shall not be construed as a waiver of any succeeding brf'.ach of the same or other covenants and conditions hereof. 14.3 Aaeement is Entire Agreement. This Agreement and all Exhibits attached hereto or incorporated herein comprise the sole and entire Agreement between the Parties concerning the Project. The parties acknowledge and agree that neither of them has ma.de any representation with respect to the subject matter of this Agreement or any representations inducing the execution and delivery hereof, except the repn:sentations set forth herein, and each party acknowledges that DEVELOPMENI' AGRl!EMJWI' ft!ll.6/'J11'J'1, 11&N1, 7/ltRT, 7tMl'R, IL'IW7, JA'H. l/l7R PA-~~ PAGE20 ( ( it has relied on Its own judgment in entering this Agreement. The parties further acknowledge that all statement or representations that heretofore may have been made by either of them to the other are 'VOid and of no effec.1.. and that neither of them hu relied thereon in coru1ectlon with its dealings with the other. 14.4 Bstoppel Certificate. Ether party from time to time may deliver written notice to the other party requesting written cenification that, to the knowledge of the certifying party (i) this Agreement is in full force and effect and . constitutes a binding obligation of the parties; (ii) this .Agreement has not been amended or modified either orally or in writing, or, if it has been amended or modified, specifying the nature of tl1e amendments or modifications; and (iii) the requesting party is not in default in the pexformance of its obligations under this Agreement, or if in default, describing therein the nature and monet.a:cy amount, if any, of the default. A party receiving a request hereunder shall execute a return the certificate within thirty (30) days after receipt thereof. The Planning Director of City shall have the right to execute the certificates reque$ted by Owner hereunder. City acknowledges that a certificate hereunder may be relied upon by pennitted transferees and Mortgagees. At the request of the Owner, the certificates provided by City establishing the status of this Agreement with respect to any lot or parcel shall be in recordable fonn, and O\'\ll'ler shall have the right to record the certificate for the affected portion of tl1e Property at its cost.. DEVELOPMENT AGREEMENT ~. tJ'J1!91, 1!8!'11.1JIOt">1, 1JZ-V"1. I l1'1i1"11. I/SI'+$. tf.!7 .... t f:\WPOMNRSW\*5\lll\AGl\EE\DEVel.ACR..FNt. PAGE21 14.5 Counteq;mns. This Agreement may be executed in counterparts, each of which shall be deemed ta be an original. but the coun1terparts together shall constitute only one Agreement. 14.6 Severability. Each provision of this Agreement which shall be adjudged to be invalid, void or illegal shall in no way affect, impair or invalidate any . other provisions hereof, and the other provisions shall remah1 in full force and effect. 14.7 Further Documenr.,. Each party hereto agrees to e:xerut.e all .other docmnents or instruments necessary or appropriate to effectuate and implement this Agreement. 14.8 Time is of the Essence. TI~ is of the essence in the performance of every covenant and obligation tO be performed by the parties. hereunder. 14. 9 Atlpmc;y' s Fees. In the event of any di:ipute between the partil'IS involving the covenants or conditions contained in this Agreement, the prevailing party shall be entitled to recover reasonable expenses, attorney's fees and costs. "Prevailing pany" shall include a party who brings an acl:lon against the other party after the other party's breach or default, if the action ls settled or dismissed upon 15. Notice. £."Ccept as othel"lvise expressly provided herein, all notices and demands pursuant to this A~ement shall be in writing and delivered in person, by commercial courier or by first-class certified mail, postage prepaid and return receipt DEVELOPMENT AGREEMENT mo. fJl:J.1/47, 1~'1. 111orw. 71341¥1, t llQP1, JJB/9.&. tm~a ii\~NRSW\49S\Ol~V51.ACIU'NL PAGE22 ( ' I ' requested. Except as otherwise expressly provided herein, notices shall be considered delivered when personally served, or upon actual receipt if delivered by commercial courier or bymait Notices shall be addressed as appears below for the respective parties; provided, however, that either party may change its address for purposes of this Section by giving written notice thereof to the other party: City: Owner: City Clerk City of Cupertino 10300 ToITe Avenue Cupertino. CA 95014 O'Brien Group c/o Steve Zales 2001 Windward Way, SJ.4tc 200 San Mateo, CA 94404-2473 The provisions of this Section shall be deemed directive only and shall not detract from the validity of any notice given in a mannl!l' wl:l.ich would be legally effective in the absence of this Section. IN WITNESS WHEREOF, City and Owner have caused this Agreement. to be executed in one ( 1) or more copies as of the day and year first above written. DEVELOPMENT AGREEMENT fl!lll. Qfl7/147, 'lll/t¥1. 7/IQl'li(, 1r.,.;r1. l 1~7. l~ll. ll'i7/4tJ f,\Wl'l1>MNl!.5WW0>\01""""""°6V!ll.lr.11.FNl "CITY" THE CITY OF CUl'ERTINO PAGE23 AITEST: . ~-it Ci~ ·~ City Attorney DEVELOPMENT AGRE.EMENT lrY. ot:il'!1.118!9i.1/I01111. 1t:li/01. l IW"'!. II~ 1r..1roa 1f\W'PUl.Ml""RSW\-l:ll:MJJ\ACREatl~GR.,Fri.,"t, "OWN'.Ere' PAGE24 Citv of Cupertitio December 17, i997. Steve Zales . O'Brien Group 2001 Wmward Way, Suite 200 San Mateo, Califumia 94404 Ciiy HaU 10300 Torre Avenue Cupertino, CA 95014-32.S.S Telephone: (4011) 777-3223 FAX: (408) 777-3366 Of'.FICE OF THE CITY CLERK . CITY COUNCIL ACTION:-APPUCATIONS 6-U-97, 4-TM-97, 5-Z..97, 2-DA-97 AND .15-EA- 97 ~STEVE ZALES/O'BRIEN GROUP (DIOCESE OF SAN JOSE)-PUBUC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT FOR THE FOLLOWING: USE PERMIT TO CONSTRUCT 178 RESIDENrIAL UNITs AND ANCILLARY IMPROVEMENTS ON APPROXIMATELY' 67 ACRES OF THE 212 ACRE PROPERTY; TENTATIVE MAP TO SUBDIVIDE APPROXIMATELY 67 ACRES OF THE 212 ACRE PROPERTY INTO 178 LOTS; REZONING APPROXIMATELY 67 .ACRES OF THE 212 ACRE PROPERTY FROM AGRICULTURE . (A) ZONE AND QUASI-PUDUC (BQ) ZONE TO PLANNED DEVELOPMENT/RESIDENrIAL IP/RES) ZONE AND 145 ACRES FROM AGRICULTURE (A) TO PU:OUC PARK OR RECREATION (PR) ZONE; PROPERTY IS LOCATED SOUTH OF 1-280 AND WEST. OF FOOTHILL BOULEVARD AND RANCHO SAN ANTONIO COUNTY PARK AND STEVENS CREEK BOULEVARD (APNS 342-o5-054, -1156, -859, -060 AND 342-52-003 · At the regular meeting of December I, 1997, the Cupertino City Council granted a mitigated negative·. declaration and approved these applications per Planning Commimon Resolution Nos. 4849, 4850, 485 I, and 4852, with amendments. A minute order was approved which directs staff to contact the City of Los Altos to ask: for consideration of providing improved emergency access for ambulances and reconsideration of their decision regarding opening St. Joseph Avenue to through traffic. Council stated tha:t the developer must agree not to impede the City's attempts to come to an agreement with the City of Los Altos. Copies of the minute order and applicable ordinances are enclosed The conditions of approval are as follows: Appliqtion No. 2-DA-97: SECTION:m: CONDITIQNS OF AfPROV AL I. Section 13 .2 shall be removed. Application No. 4-TM-97: SECilON m: CONDmQNS ADMINISTERED BY THE COMMUNITY DEYEl.OPMENT DEPT· 1.. APPROVED EXHIBITS The recommendation of approvii.I is ~ on Sheet 1 dated November 3, 1997, Sheet 2 dated . .June 4, 1997, and Sheet 3-19 dated November 3, 1997, except as inay be amended by the conditions contained in this resolution. 2. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR oTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication ·requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amoiint of such fees, and a description of the dedications, reservations, and other exactions, You are hereby fmther notified that the 9()..day approval period in which you may protest these fees, dedications, · reservations, and other exactions, pursuant to Government Code Sedion 66020(a}, has begun. If . you fail to file a protest within this 9()..day period complying with all of the i:equirements of Section 66020, you will be IeianY barred from later challenging such exactions. 3. GRADING TO FOLLOW EXISTING CONTOURS Tops and bottoms of all slopes shall bC rotmded to blend with the existing contours. 4. TREE PROTECTION The applicant is required to retain trees as shown on Sheets L8-L14 dated June 1997. A bond in the amount of $100,000 shall be placed to assure maximum prol=tion of said trees during construction. $50,000 shall be retained speclfica1ly for oak tree prol=tion, and $50,000 for all others. · The Tree Ptotedion Plan as described by HortScience's March 1997 Tree Report shall be implemented The Tree Prol=tion Plan will include an oak managclnent plan for the individual pxopei:ty owners, which will be incoxporated into CC&Rs. An internationally certified m'borist shall be retained to supervise tree prol=tion. . The m'borist shall submit two reports to staff assuring that 1) tree protection devices me adequate prior to issuance of any demolition, grading or building permit; 2) trees wim: adequateiy protected during construction prior to issuance of final occupancy peunits. Prior to isswuice of a final occupancy permit of the first home in each area, III!. internationally certified m'borist shall conduct a site visit to observe the protected trees. The bond may be released upon staff review of the final m'borist report. 5. PARK MITIGATION Park mitigation will be consistent with the Development Agreement 6. INGRESS/EGRESS EASEMENTS The applicant shall provide an appropriate recon:lccl ingress/egress easement, subject to approval of the City Attorney, for all roadways. including emergency access roads, which traverse properties in separate ownership. The emexgency road crossing al Stevens Creek Blvd. shall be ·at gtade. The applicant shall use ieasonable best efforts to secure a foxmal agreement for crossing of the railroad right of way. 2 7. EMERGENCY VEmCLE/PEDESTRIAN/BICYCJ..E ACCESS A deed restriction shall be recorded for all emergency vehicle, pedestrian and bicycle access easements which limits access to these uses. Continued access to the cemetery corporation yard via Stevens Creek Botllevmd shall lilso be permitted. The Stevens Creek Boulevard access shall be constructed as part of the initial development phase. The two other emergency accesses shall be constructed at the time of development of Areas 1 and:-4, respectively. Pedestrian and bicycle .access to the emergency access road between Cristo Rey Drive ahd Area 4 shall be added All emergency access roads will be maintained by the City of Cupertino, except through the cemetery and through the Forum development. All emergency access gar.es shall comply with fire department requirements s. TtITf .ITT EAfIBMlifN1'B Utility. easements for the Pro,iect shall be provided on .the dedicated patk lands. 9.. · DETENTION BASINS . The detention basin in Area 1 will be located in the panhandle mea, Unless an alternate location is .selected agreeable to the City and Count; prior to recordation of the final map. The applicant will solicit comments from Santa Clam P,unty Pam and the Midpeninsula Regional Open Space District prior to submittal of final designs of the detention basins not cw:rently in County Pmks ownership·. The.City will have the ultimaµ: decision making authority on the design.. Any basin proposed on ~ Pai:b land will be ~ by County Pmks. All basins will be maintained by the City. llJol's 1,,4.., O\J~ l\ Qj<r~."1-(pr·•.-+:> i.i I :;. " ;;; ) 10. GEO'fECBNICA.L REO!lTRJjM1iiNTS The recommendations of City's geologist, as stated in their letter of May 28, 1997, shall be performed prior to issuance of grading or building permits. 11. WUJ.IAM80N ACT CAN£El.I.ATION The Williamson Act contract shall be canceled on the affected parcels prior to issuance of building permits and recordation of a final map affecting those Bl'le8S. 12. ARCJIAEOLOGJCAL RESQURCES In the event any buried prehistoric ma:terials are uncovered, wodc. in the general vicinity shall stop tmtil the discoveiy has been inspected and evaluated by a qualified m:chaeologist. 13. CONSIRUCTION HOURS The first houses constructed shall generally be the houses next to the Forum. The construction (as defined in Chapter 10.48 of the Cupertino Municipal Code, but including demolition) homs for those homes which have construction that gene.rat.es noise o:ff-site shall be..8:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on weekends for the first row of houses near the Foruin/seminacy, except as needed for the pet:fiumance of emergency wodc.. For all other construction, 'including the homes next to the Forum, the homs shall be 7:00 a.m. to 8:00 p.m. on weekdays and 8:00 a.m. .to 8:00 p.m. on weekends. Deliveries shall be limited to construction h0urs and the developer shall provide a telephone number where residents may phone in complaints. These construction homs _will be reviewed. as necessmy and may be modified. 14. VESTING TENTATIVE MAP Nar APPLICABLE Any approved sheets refened to as "vesting tentiitive map" shall be considered "tentative map." 3 " 15. PHASING OF DEVELOPMENT Development/final map recording may be processed individually for Aiea.s I (two phases), 2, 3, and4. 16. PRIVATE OPEN SPACE AND LINEAR PARKS lJ_se of private open space areas shall_ be restricted through CC&Rs in the following manner: No · structures (e.g., buildings, pools, sport courts, retaining walls) are allowed. Landscaping approved as part of the development approval shall be retained and maintained by the property owner. The landscaping plan shall be modified to consider the substitution of native for some non-native plants. The final plan shall be approved by City staff. The applicant shall fund a Jandsc!lp';l consultant selected by the City to assist in the review of the modified landscape plan. Additional native treeS or plant material ·may be installed by the homeowner in private open space areas if they are native, drought tolerant. will not create a fire hazard and are not invasive. An approved list of plant materials proposed by the applicaut' s landscape ari::hitect will be included in the CC&Rs. If irrigation is used, it sba1l be drip or bubbler ~on. Open sj>aces adjacent to park lands in Aiea.s 3 and 4 adjacent to grasslands shall consist of a 30 foot fire break area, to be ·maintained by the piopeity owner. The fire breaks will be a continuous band, ftee of any structures or fencing. The· Santa Clara County Fire Marshal's office will peifurm weed abatement services in the fire break areas on a schedule to be determined by the Fi.le Marshal. Funding of the services will be provided by the benditing private property owners, through a method to be detemdned by staff. --Ro gates are permitted between the private and public open space, unless agreed to by Santa Clara County pa:dcs. If not agreed to, no landscape saeening outside the fences is required. In areas with open perimeter fencing, no solid rear yard fencing or solid hindscaping is allowed to demarcate the boundary between the developed yard and private open space. Only open fencing is allowed between the developed yard and private open space, perpendicular t.o perimeter fencing, All open fencing shall be painted with darlc, flat paint. No penned animals shall be kept in the private opm space. The applicant shall dedicate development rights in the private open space areas to the City of Cupertino, the document to be prepared by the applicant and.approved by the City Attorney prior to. final mai> iecordation. · The linear parks are included in the individual lots, not in the right of way. The right-of-way shall be 28'. The applicant shall insert into the CC&R.s thefullowing language: "A public access easement is hereby dedicated to the City. The pioperty owner is solely responsl"ble fur maintaining the landscaping and sidewalk on the lot, which shall be maintained consistent with the street tree plan." If any pioperty owner fails to maintain the landscaping and sidewalk consistent with the street ti:i:e plan, then any other ptopetty owner in the. development may maintain it and shall be reimbmsed from the other property owner fur the costs of said maintenance. The enforcement of these landscapi:ng requil:emems and the collection of any reimbw:sement thereunder shall not be the responsibility of the City. . 17. PUBLIC OPEN SPACE Aiea.s designated as public open space and proposed as altemative neighborhood park shall be tnms:femid to Santa Clara County, Parks and Recmltion Depanment. An agreement regarding . Said dedication of open space shall be executed so that the transfer may occur after rii:OfdlitiOn 'Of the final map. The County, the dcM\tlopcr and the City sball Clltli:r into this ap:eme:nt regarding acceptance of the dedicated open space~ _.._.datioa of tht first phase of the final map . . ~ ---·-. ' ·. 4 . ~;:":s;-·"-"~ Acceptance of dedication of the public open space lands by the County will occur upon complete implementation of the Phase One Haz.ardous Materials Assessment Remediation and as follows: First phase: Cemetery area, west hillsides (Area A) on attached site plan, accepted after · recording of first phase of subdivision map; upon fencing of new cemetery boundary, corporation yard, Snyder house (fencing to meet same standard as current cemetery fencing); upon demolition of the barn west of the cemetery property; upon completion of regrading of the northwest area within the cemetery to be used for future cemetery; and upon wz:i~ agreement regarding utility and access easements. Second phase: Adjacent to development Area 1 (Area B) on attached site plan, accepted upon demolition of bunk house, determination of location of detention pond in that area, installation of applicant proposed rCnces (7' high, 4x4 wire) at mutual boundaries, exc.ept that a split-rail type fence may be located along the access road between Cristo Rey Drive and Area I; upon installation of new fencing at new park bOundaries; and upon writu;n agreement' regarding utility ·and access easements. Third phase; Adjacent to development Areas 3 and 4 (Area C) on attached site plan, accepted availability of water for fire protection and securing of the development perimeter with applicant proposed fences (7' high, 4x4 wire); and upon written agreement regarding utility and access easements. The areas designated u "Neighboi:hood Parle" sball be included in the lands dedicated to the County. SECTION IV: CONPmONS ADM!N1fil'EREP BY THE PUBLIC WORKS DEPARTMENT 18. STREET WIDENING Street widening, improvements and dedications Sball be provided in accordance with City Standards and specifications and as required by the City Engineer. All cul-de-sac radii sball be 36 feet. 19. CURB AND GU'ITER IMPROVEMENTS Curbs and gutters. sidewalks and related structun:s shall be installed in accordance with grades and standards as specified by the City Engineer. 20. STREET LIGHTING INSTAI,I.ATION Street lighting shall be installed and sball be as approved by the City Engineer. Lighting fixtmes sball be positioned so as to pteel.ude glare and other forms of visual interference to adjoining properties, and .shall be no higher than the maximum height permitted by the zone in which the site is located. 21. FIRE HYDRANT Fire hydrants shall be located as iequired by the City. 22 •. l'RAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 5 23. GRADING Grading shall be as approved and mquired by the City Eng:ineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. Rough grading of all roads and individual lots, and the · · installation of erosion control meilsures.; shall occur prior to road acceptance. . 24. DRAINAGE Drainage shall be provided to the satisfilction of the City Engineer. Surfuce flow across publii:: · sidewalks may be allowed.. Development sJiaU be served by on si.te storm drainage facilities connected to the City stonn drainage system. · 25. UNDERGROUND UTILITIES . . Tue developer shall comply with the requirements of the Underground Utilities Ordbi.ance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall . submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approyal ofthe affected Utility provider and the City Engineer. ·-. · 26. IMPROVEMENT AGREEMENT Tue ·project develriper SbaU enter into an· improvement agreement with the City of Cupertino providing for paymc:nt of fees, includlllg but not limited to checking and inspection fees, storm d:i'ain fees. park dedication fees and fees for ~ of utilities. Said agreement shall be . executed prior to is~ce of construction per.mits. a. Checking & liispection Fees: b. Development Mabrte1w1ce Deposit: c. Stonn Drainage Fee: d. Power Cost: e. Map Checking Fees: f. Reimbursement Fee: g. Park Fees: $ 5% of Improvement Cost or $1, 744.00 minimum $3,000.00 $1,290 x 79.9 Ac.= $103,071.00 $75.00 per street light $419+[(178-4)"'(9)]=$1,985.00 To be determined prior to recordation of final map Per Development Agreement Tue fees described above me imposed based upon the cummt fee scbedn:le adopted by the City Council. However, the amount of the fees imposed bemn may be modified at the time of recordation of a final map or issuance of a birilding per.mit in the event of said change or changes, the fees changed at that time will reflect the then cummt fee schedule. Reimbursrment fees to be detennined prior to recording of final map. 27. REIMBURSEMENT AGREEMEN'f WITH FORUM Prior to recordation of the final map, the Director of Public WOJ:ks shall detemJine an amount to reimbm:se Forum for improvements pmswmt to the Reimbursement Agreement between the Fonun and the City executed May 16, 1990. Payment shall be made prior to issuance of the fust residential build:~~ it Should the affected ...-;_ .f:~n-with the determina1ion, the -pennr --,...__ . applicant shall pay the amount detemJined and the City immediately will file legal action with the Courts to detemJine the pi:oper amounts of disfn'bution. Tue amount will include n:asonable offsets for benefits provided to the Forum. 6 28. IRANSFORMERS . Electrical 1ransformers, telephone vaults and similar above ground eqwpment enclosures shall be screened with fencing and/or landscaping or located underground such that said equipment is not · · visible from public stteet areas, subject to staff approval . . 29. DEDICATION OF WATERLINE 'The developer shall execute a quitcliiim deed for underground water rights to Cupertino Water and .shall reach an agreement with Cupertino Water for water service .to the subject development. 30. BEST MANAGEMENT PRAC11CES Utiliz.e Best Management Practices (BMPs), as required by the State Wati:r Resources Control . Boai:d, for oonstruction·actiVity which disturbs soil BMP plans shall be included in yolir grading and stn:et improvement plans. Provide Sediment & Erosion. Control Plan along with the specifications for re-vegetation. · 31. ·NOTICE OF INTENT The applicant must file a Notice of Intent (NOi), as required by the State Water Resource Control Board, for all 90nstruction actiVity disturbing 5 acres or more of soil. The pemiit requires the devel9pment and implementation of a Storm Water Pollution Prevention Plan (SWPPP) and the utiliz.atlon of stollll water BMPs. SECTION m: CONDITIONS ADMINISTDET! BY TIIE COMMUNITY DEVELQPME'NT DEPT. 1. APPROVED EXmJHTS Recommendation of approval is based on Zoning Plat Map (Exhibit A) except as may be amended by the conditions contained in this resolution. l. QPEN SPACE "Neighborhood Park" shall be "Public Open Space." 3. COMPLlANCE WITH ACCESSQRY S'I'RUCTIJRE ORPINANCE Modifications to the approved plans are allowed if in compliance with the accessory structure ordinance and do not conflict with other provisions in the iJse pemiit or tentative map. 4. PERMu 1 tn AND CON»IDONAL USES Permitted and conditiOnal uses found in the R-1 ordinance shall pertain to lhls development. Application No, (!7U-?2: SECTION ID; CQNDIDQNS APMINISTEREP BYTIJE COMMUNITY DEVELOPMEN'f DEPT. 1. APPRQVED EXRIR!TS The recommendation of approval is based on Sheet 1 dated November 3, 1997, Sheet 2 dated June 4, 1997, and Sheets 3-19, dated November 3, 1997; House Plans 1 through 6 and BMR Plan dated 6/9/97 and as revised with 33' deep garage, Plan 7 dated 6118197; Material Boan:! and Color 7 Board dated 7!28/97; and Landscaping Plans L-1 through L-7 dated June 4, 1997, and L-8 through L-14 dated June, 1997, except as may be amended by the conditions contained in this resolution. . ,2.. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS · rpe Conditions. of Project AJ>Proval. set forth herein-may include cenain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1 ), these Conditions constitute written notice of a statement of the amount of such fees; and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which yQU may pr0test thesi: fees, dedications, reservations, and other exactions, pursuant to Goveniment Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of SectiQD. 66020, you will be legally bam:d from later chaJlenging such exactions. · 3, GRADING TO 'FOLLOW EXISTING CONTQURS · .Tops and bottoms of all slopes shall be rounded to blend with the existing contours • . 4. JREE PROTECTION The applicant is required to retain trees as shown on Sheets L8-Ll4 dated June 1997. A bond in the amount of $100,000 shall be placed to ~maximum protection of said trees during construction. $50,000 shall be retained specifically for oak tree protection, and $50,000 for all others. The Tree Protection Plan as described by HortScience's Marcli 1997 Tree Report shall be implemented. The Tree Protection Plan will.include an oak management plan for the individual property owners, which will be incorporated into CC&Rs. An internationally certified arborist shall be retaiJied to supervise tree protection. The arborist shall submit two reports to staff assuring that 1) tree protection devices are adequat.e prior to issuance of any demolition, grading or building permit; 2) trees were adequat.ely proteCted during construction prior to issuance of final occupancy pemµts. Prior to issuance of a final occupancy permit of the first home in each area, an internationally certified arborist shall conduct a site visit to observe the protected trees. The bond may be released upon staff review of the final arborist report. 5. COVENANTS. CONDIDONS AND RESTRICTIONS DOCUMENTS Covenants, conditions and restrictions dOcumems shall be created to implement all conditions of approval which affect individual pioperty owners. The document shall be approved by the City Attomey and recorded priorto recordation.ofthe final map. 6. WILDLIFE PROTECTION A qualified omithologist will conduct a survey for nesting mptms prior to construction during the raptor nesting season (Februa:ry through July). The Ornithologist will determine the extent of zones around active raptor nests, within which no construction activities, including tree removal, will take place during nesting season. The United S1Btes Fish and W'ddlife Service and California Department of Fish and Game will be notified of any raptor nests identified in the survey. The mitigation measures proposed in LSA Associates. Marcli 26, 1997 "California Red-Legged Frog ·Mitigation Plan" shall be implemented, except that the requirement for a solid base to rear yard · fences is eliminated and an informational brochm:c will be papered tegardiDg the importance of protecting the frog and its habitat. 8 7. PRIVATE OPEN SPACE AND LINEAR PARKS Use of private open space areas shall be restricted through CC&Rs in the following manner: No structures (e.g., buildings, pools, sport courts, retaining walls) are allowed. Landscaping approved as part of the development approval shall be retained and m.allltained by the property qwner. The landscaping plan shall be modified to consider the substitution of native for some . non-native plants. The final plan shall be approved by City staff. The applicant shall ftmd a landscape consultant Selected by the City to assist in the review of the modified landscape plan. Additional native trees or plant malerial may be installed by the homeowner in private open space areas if they are native, drought tolerant, will not create a fire hazard and are not invasive. An approved ·list of plant µJaterials proposed by the applicant's landscape architect will be included ill the cC&Rs. If irrigation is used, it Shall be drip or bubbler irrigation. Open spaces adjacent to park lands in Areas 3 and 4 adjacent to grasslands shall Consist of a 30 foot fire break area; to be maintained by the property owner. Th~ fire ~ will be a continuous band, free of any structun:s or fencing The Santa Clara County Fire Ma:rsbal's office wili perform weed .. abatement services in the fire break areas on a schedule to be detfilmined by the Fire Marshal. . Funding of the services will be provided by the benefiting private property owners, through a method to be detem!ined by staff: No gates are permitted between the private and public open space, unless agreed to by Santa Chira County parks. If oot agreed to, no landscape screening outside the fences .is required. In areas with open perimeter fencing, no solid rear yard fencing or solid landscaping is allowed.to demarcate the bouiidary between the developed yard and private open space. Only open fencing is allowed between the developed yard and private open space, perpendicular to perimeter fencing. All open fencing shall be painted with dark. flat paint. No penned animals shall be kept in the private open space. The applicant shall dedicate development . rights in the private open space a:reas to the City of Cupertino, the document to be prepared by the applicant and approved by the City Attorney prior to final map recordation. The linear parks are included in the individual lots, not in the right of way. The right-of-way shall be 28'. The 1!pplicant shall insert into the CC&Rs the following language: "A public access easement is hereby dedicated to the City. The property owner is solely responsible for maintaining the landscaping and sidewalk on the lot, which shall be maintained consistent with the street tree plan." If any property owner fails to maimain the landscaping and sidewalk consistent with the street tree plan, then any other property owner in the development may maintain it and shall be reimbursed ftom the other property owner for the costs of said maintenance. The enforcement of thc:se landscaping requirements and the collection of any reimbursement thereunder shall not be the responsibility of the City. 8. PARKM1TIGATION Park initlgation will be consistent with the Development Agreement. 9. TOTLOTS The two tot lots will be designed and built by the applicant and each shall be completed prior to occupancy of 500A. of the homes in Ml:a I and Ml:a 4, respectively. The developer will pay for ·any maiirtenance of the tot lots until there is 50% occupancy. Development plans shall be approved by the City's Director of Parks and Reci:eation. They shall be designed primarily with 9 ( landscaping and play areas for children 10 years and younger and will not have rest rooms, sport courts or fields, barbecue areas or picnic tables. Each tot lot shall be designed to include the following elements: Appropriate combination of turf and plant material Bike rack · Automated irrigation Benches Pathways Trash containers Drinking fountain Play structures: Each tot lot shall include a play structure appropriate for elementary aged children. To the extent possible, a separate structure or apparatus for pre-school aged children shall be included. At a minimum, each structure should include opportunities for climbing, sliding and sW:inging. Each structure shall be ADA, CPSC and ASTM compliant. The City shall maintain them at its cost, up to the standards of other public city neigbbomood pm: fuciliti.es. . . 10. INGRESS/EGRESS EASEMENJS The applicant shall provide an appropriate recorded ingress/egress easement, subject to approval of the City Attomey, for all roadways. including . emergency access roads, whiCh traverse properties in sepmate ownership. The emergency road crossing at Stx:vens Creek Blvd. shall be at· grade. The applicant shall use reasonable best effods to secure a formal agreement for crossing of the railroad right of way. 11. EMERGENCY VEWGJ.E/PEDESTRJANIBICYQ.E ACCESS A deed restriction shall be·rec:orded for all emergency vehicle, pedestrian and bicycle access easements whi~ limits access to these uses. Continued access to the cemetery cotparation yald via Stevens Creek Boulevard shall also be pennitted. The Stevens Creek Boulevard access shall be constructed as part of the initial development phase. The two other emergency accesses shall be constructed at the time of development of Areas i and 4, respectively. Pedestrian and bicycle access to the emergency access road between Cristo Rey Drive and Area 4 shall be added All emergency access roads will be maintained by the City of Cupertino, except through the cemetery and through the Forum development. All emergency access gates shall comply with fue department requirements 12. STREET PARKING Parking on internal streets is permitted on one side of the street. On-street parking regulations will be strictly enfinccd to reduce impacts ~ increased park use by providing appropriate no parl<ing signs and by patrolling, especially on weekends. 13. SINGLE STORY AND SPLIT 1:1r.m. HOMES Lots 1-64 to 1-71, lots 1-22 -23, 1-25 to 1-30, and Lots 3-1, 3-2 and 3-20 shall consist of single story homes. All lots in Area 2 shall consist of single story or split level homes, except lots 2-1 to 2-5 and 2-12 shall consist of single story, flat pad development 14. DEVELQPMENT STANDAR))S .Minimum development standards shall be those shown in Exhibit l 4A. Modifications to the app10ved plans are pennitted if in conformance with these standards. 10 15. DESIGN GU1DEI.INES All residences shall conform to the Design Guidelines (Exhibit 15A), except that Areas 2 and 3 . are not limited to the designs described in Section B 1, Architectural Design. All custom built · · residences (Areas 2 and 3) are subject to Architectural and Site Approval (ASA) by the Planning Commission. • 16. · OUTDOOR LIGHTING : · All putdoor lighting sources within the subdivision lots shall be shielded to prevent looking directly into a light souR:e; therefore low-intCnsity uplighting or downligbting will be required . for all outdoor lights. Fixtures shall be located to minimi"Al glaie on adjlicent property and streets. . 17. IDSTOlUC SNYDERHOUSE A separate parcel, of approximately 1 acre, and provided with access, shall be created for the historic Snyder house prior to transmittal of the publicly dedicated lands to Santa Clara County. Owne;mhip shall be retained by the current property owner for two years :from date of recordation of first final map. The two-year period provides an opportunity for interested parties to pursue retaining the house on-site or moving it off-site. The house will be demolished upon expiration of the two-year period if retaining or movilig it are not successiUl, at which time the property will be transmitted to Santa Clara County. The applicant shall post a bond of $50,000 to assure demolition, if demolition is necessary.: 18. PUBLIC QPEN SPACE Areas designated as public open space and proposed as !!ltCmative neighborhood park shall be transfer.red to Santa Clara County, Parks and Reci:eation Depmtment. An ll@d{liliiff'~ .. saiddedi.~~.SpMCshaJL.be execulltl.si~fit.tliiflfimllfia; 'Paci t tr after n:cordation of the final map. The County, the developer and the City shall enter iitto this agreement regarding acceptimce of the dedicated open space prior to the recordation of the first phase of the final map. Acceptance of dedication of the public open space lands by the County will occur upon complete implementation of the Phase One Hazardous Materials Assessment Remediation and as follows: First phase: Cemetery area, west hillsides (Area A) on attached site plan, accepted afteJ: recording of first phase of subdivision map; upon fencing of new cemetery boundary, corpom.tion yard, Snyder house (fencing to meet same standard as current cemetery feocing); upon demolition of the barn west of the cemetery pxoperty; upon completion of regrading of the northwest area within the cemetery to be used for future cemetery; and upon written agreement regarding utility and access easements. Second phase: Adjacent to developroent Area 1 (Area B) on attached site plan, accepted upon · demolition of bunk house, determination of location of detention pond in that area, installation of applicant proposed feoces (7' high, 4x4 wire) at mutual boundaries, except that a split-rail type fence may be located along the access road between Cristo Rey Drive and Area 1; upon installation of new fencing at new park boundaries; and upon written agreement regarding utility and access easements. · · Third phase; Adjacent to developroent Areas 3 and 4 (Area C) on attached site plan, accepted availability of water for fire protection and securing of the developroent perimeter with applicant 11 I , . / City of Cupertino Lands of the Diocese of San Jose Design Guidelines for General Plan Compliance Em.ibit ISA . The following guidelines and considerations are intended to assist project applicants in conforming with the "VisUal Considerations" requirements, page 2-18, of the GeDeral Plan. A. Site Development 1. Consjderatinns -In order to "blend into the natural surro1mdings," site development must begin with an analysis of: • Site drainage • . Topography . • Existing vegetation (both on-site and background) • · Views from the site . • Views from adjacent properties and Strec!tS • Design relationships to nearby pioperties 2. Grading • Utilize contour grading to blend into 1and:forms rather than significant padding or terracing. • Avoid building designs which require extensive grading. B. Ard!itectural De!ign L~ • A minimum of 70% of the residences shall be Craftsman, Prairie, Couage, Farmhouse, Shingle and Carpenter Gothic styles as presented by the Developer. • A maximum of 20% of the reSidences may be Bungalow, Spanish, Spanish Villa, Spanish Eclectic, Monterey Colonial. • A maximum of 10% of the residences shall be Timbered Couage and Country Manor.·. • Arcbit.ectural. styles shall be carefully grouped in order to achieve diversity and avoid monotony. 2. Building M11!!§ • M"tirimim impacts of large "flat" elevations by the use of bays. varied roof lines., elevation offsets, cbimge of materials, or other t.ccbniques which produce shadow pattems. • Individual structures or groups of structures should be subotdinate to the existing land form, that is the visual impact of the home should not overwhelm the site. proposed fences (7' high, 4x4 wire); and upon written agreement regarding utility and access easements. The areas designated as "Neighborhood Parle" shall be mcluded in the lands dedicated to the County. 19. PARK SIGNAGE A sign shall be placed in the traffic rotary providing directions to the parlc entrance. The location shall be determined by the City's traffic engineer. 20. DE ANZA KNOLL MONUMENT The applicani pledged Sl,000 toward a historical monument to mark the Anza historic site, payable to the Amigos de Anza prior to recordation of the final map. 21. PERIMETER FENCING . · I .andscaping and irrigation shall be installed in from of any solid Wood fencing on the perimeters of the development areas. exCept adjacent to· developed areas consisting of Forum, the PG&E berm and the cemeteiy. Sheet L-2 shall be modified to eliminate solid wood fencing on parcels 4-7, 4-14 and IS, 4-22 and 23, and 4-30 to 33. Dense shnibbery may be substituted to provide the privacy sought by the solid fencing. · 22; DEMOLI110N OF EXISTING BJ)!J.DJNGS The existing bunkhouse and ham will be demolished prior to issuance of a grant deed to Santa Clara County. In the event a survey determines pallid bats are present in the Seminary building. demolition shall occur as directed by a biologist with expertise in their behavior. 23. TJTU·ITVEASEMENIS Utility easements for the project shall be provided on the dedicated parlc lands. 24. DETENTION BASINS The detention basin in A.tea 1 will be located in the panhandle area, unless an alternate location is selected agreeable to the City and County prior to recordation of the final map. The applicant will solicit comments from Santa Clara County Parlcs and the Midpeninsula Regional Open Space District prior to submittal of final designs of the detention basins not cu:mmtly in County Parics ownembip. The City will have the ultimate decision making authority on the design. Any basin proposed on County Parics land will be approved by County Parics. All basins will be maintained by the City. 25. WAIERTANK The applicant shall construct a 2 million gallon water tank. on the location shown on the site plan. It will be built when 25% of the houses secure final occupancy pennits or in accordance with safety/fire protection concerns related to water flow, whichever comes first. Construction of the water tank will occur during the dry sea,son (April 16 to September 30). · Recommended actions of the City's geologist, as descn'bed in their May 21, 1997 letter, shall be implemented P,rior to approval of building and grading permits. Additional landscape screening (on the south .and west sides of the tank that are visible from the internal portions of the parlc) and temporary 12 3. Materials and Colors • ".Traditional" or nil,tural materials such as wood siding, fieldstone, shingles and shakes are encouraged. Manufactured materials such as stucco should be used Sparingly and should not . visually dominate . . • Exterior colors for roof and siding materials shall blend With the smrounding natural landscape. The use of "earth tones" or natural finishes is encouraged. (Accent colors may be used for building 1rim, facia, etc.). • A void retlective materials and colors (reflectivity value less than 60) for roof and .primary field !X>lors. Trim and accent colors comprising less than 5% of visible surfaces per house on any elevation may exceed 60 with a !IlllXimum of n. C. Outdoor Lighting ., · Use only low lightjpg intensities in order to retain the.area's tmique rural character. · • Use fixtures which provide a shielded light source (i.e., up or down lighting) in order to eliminate glare onto adjacent ~es and streets. D. Fences • The use of low, "open" fencing is p1efened within front yard setbacks. • Fence materials and colors should harmoni7.e with the natural swroUDdings. E. Landscaning • Us~ landseaping to minimfae visual impacts of buildings and fences. • Plant in random groupings to retlect vegetation on adjacent properties and open space areas. • Avoid formal geometrical on linear patterns. • Within linear parlcs, plant materials and patterns shall smoothly blend with front yard landscaping. • Use native, drought tolerant plant materials. irrigation system (until landscaping is established) shall be provided to reduce visual impacts from the sUITOunding area. The surface of the tank shall be painted with a non-reflective earth tone color to blend with the natural viewing background. The Santa Clara County Parks Dept. has the authority to review and approve the consttuction of the .tank. . The water tank will be maintained by the City. The City will reimburse for a 1 million gallon size tank as determined by the Director of Public Works. · · The old water tank shall be crushed in place and the hillside restored. to a natural state within 90 days of the new tank's being openrtional. The Santa Clara County Parks Dept. shall approve the demolition permit. The easement between the old and new tanks shall be relinquished subsequent to demolition. . . . 26. GEOTECI:INJCAL REQUIREMENTS The recommendations of City's geologist, as stated in their letter of May 28, 1997, shall be performed prior to issuance of grading or building per.mits. · 27 •. · WILI.IAMSON ACT CANCELLATION The Williamson Act .contract shall be canceled .on the affected parcels prior to issuance of building per.mits and recordalfon of a final map affecting those areas. 28. ARCHAEOLOGICAL RESOURCES In the event any buried prehistoric materials an: uncovered, work in the general vicinity shall stop until the discovery has been lnspected and evaliJated by a qualified archaeologist. 29. CONSTRUCTION HOURS The fust houses constructed shall generally be the houses next to the Forum. The constructiiln (as defined in Chapter 10.48 of the Cupertino Municipal Code, but inclnding demolition) homs for those homes which have consttuction that generates noise off-site shall. be 8:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on weekends for the first row of houses near the Forum/seminazy, except as needed for the performance of emergency work. For all other consttuction. inclnding the homes next to the Foi:um, the homs shall be 7:00 a.m. to 8:00 p.m. on weekdays and 8:00 a.m. to 8:00 p.m. on weekends Deliveries shall be limited to construction hours and the developer shall provide a telephone number where .residents may phone in complaints. These construction hours will be reviewed as necessary and may be modified. 30. VESTING TENTATIVE MAP NOT APPUCABLE . Any approved sheets refem:d to as "vesting tentative map" shall be considered "tentative map." 31. PHASING OF DEVEI.QP'MENT Development/final map recording maY be processed individually for Areas 1 (two phases), 2, 3, and4. . 32. PERMITTED AND CONDITIONAL USES \ \ Permitted and conditional uses found in the R-1 ordinance shall pertain to this development. 13 ( / i SECTION rv: CONDmONS ADMJNISTERED BY THE PUBLIC WORKS DEPARTMENT · 33. STREJi'.T WIDENING · ·Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. All cul-de-sac radii shall be . . . 36 feet.. 34. · CURB AND GU'l"IER 1MPRO\TEMENTS · Curbs and gutters, sidewalks and related struciures shall be installed in accordance with grades and standards as specified by the City Engineer. 35. STREET LIGHTING INST ALI..ATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude g.laR and other forms of visual inteiference to adjoining properties, and shall be no higher than the maximum height pennitted by the Z.One in which the . site is located.. · 36. FIRE HYDRANT Fire hydrants shall be loCated as required by the City. 37. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 38. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. Rough gmding of all roads and individual lots, and the installation of erosion control measures, shall occur prior to road acceptmc:e. 39. DRAINAGE Drainage shall be provided to the satismction of the City Engineer. Surface flow across public sidewalks may be allowed. Development shall be served by on site storm drainage facilities cmmeeted to the City stOim drainage system. 40. PNDERGROJJND UT1LlTIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinanc.es and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devic.es. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City &gineer. · 41. IMPROVEMENT AGREJi'.MENT The project developer shall enter into an improvement agreemm:rt with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees. stOim drain fees, park dedication fees and fees fur undergroimding of utilities. Said agreement shall be executed prior to issuance of consttucti.on pennits. 14 /· a. Checking & Inspection Fees: b. Development Maintenance Deposit: c. Storm Drainage Fee: · · d. Power Cost: e. Map Checking Fees: r. R.eimbtirsement Fee: g.PmkFees: $ 5% ofimprovement Cost or $1,744.00 minimum $3,000.00 $1,290 x 79.9 Ac. =$103,071.00 $75.00 per street light $419 + [(178-4)*:(9)] = $ 1,985.00 . To be determined prior to recordation of final map Per Development Agreement · . . . The fees described above are imposed based upon the current fee schedule adopted. by the City Council: However, the amount of the fees imposed here.in may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, .. the fees changed at that time will reflect the then cun:ent fee schedule. Reimbursement fees to be . determfued prior to recording of Final Map. 42. REIMBURSEMENT AGREEMENT WITH FORUM · Prior.to recordation of the final map, the Director of Public Worlcs shall determine an amount to reimburse Forum for improvements pursuant to the Reimbursement Agreement between the Forum and the. City executed May 16, 1990. Payment shall be made prior to issuance of the first resi®ntial building Fmit Should the affected parties disagree with the determination, the applicant shall pay the amount determined and the City immediately will file legal action with the Courts to determine the proper amounts of distribution. The amoun.t will include reasonable . offsets for benefits proVided to the Forum. 43. TRANSFORMER$ Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and/or landscaping or focated underground such that said equipment is not visible from public street areas, subject to staff approval. 44. DEDICATION OFWATERLINE The developer shall execute a quitclaim deed for underground water rights to Cupertino Water and shall reach an ajp:eement with Cupertino Water for water service to the subject development 45. BEST MANAGEMENT PRACTICES Utili7.e Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity which diSturbs soil. BMP plans shall be included in your grading and street improvement plans. Provide Sediment & Erosion Control Plan along with the specifications for re-vegetation. 46.. NOTICE OF INTENT · The applicant must file a Notice of Intent (NOi), as required by the State Water Resource Control Board, for all construction activity disturbing 5 acres or more of soil. The permit requires the development and implementation of a Storm. Water Pollution Prevention Plan (SWPPP) and the utilization of storm water BMPs. Please review conditions carefully. If you have any questions repnting the conditions of approval, please contact the Department of Comm.llllity Development staff members for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan 15 ( ( \ checking stage. H development conditions require tree preservatious, do not clear the site until required tree protection devices are instaUed. The expiration date for the use permit is December l, 1999. (Section 6.4 of Ordinance No. 652 as .reVised by Ordinance No. 1136). ' . · The. expiration date for the tentative map is December 1, 2000. (Section 66452.6 of the Subdivision .Map Act).· Sincerely, · ' ' KS/cs cc: Dej>artment of Community Development· Department of Public Walks Phillip Savio Cupertino Sanitary District 20065 Stevens Creek Blvd. Cupertino; CA 95014 City Of Los Altos Attn: Jim MacKenzie, Plamdng Dept 1 N. San Antonio Road Los Altos, CA 94022 Nancy Burnett C.U.R.B. 729 Stendhal Lane Cupertino, CA 95014 Donald Skinner 137..C Fedding Road Campbell,CA 95008 Mid.peninsula Reg. Open Space Dist. 330 Distel Circle Los-Altos, CA 94022 Mike Bruner · Sobrato Development 10600 N. De Ama Blvd. Cupertino, CA 95014 Chuck Corr ~upertino Union School Dist 10301 Vista Dr. Cupertino, CA 95014 Gene Longinetti Fremont Unified HS District P.0.BoxF Sunnyvale, CA 94087 Kindel Blau OAKS . 23005 Standing Oak Ct. · Cupertino, CA 95014 Nadine Grant 10463 Heney Creek Rd. Cupertino,CA 95014 Greenbelt Alliance 1922 The Alameda San Jose, CA 95126 Donald Woolfe 1715 VaUey View Belmont, CA 94002 16 ITEM DESCRIPTION '· EXHIBIT 14A DIOCESE OF SAN JOSE PROPE~TY, 212 ACRES CUPERTINO, CAl,.IFORNIA PLANNED DEVELOPMENT ZONING DISTRICT TMIPD DEVELOPMENT PLAN Nelghbo1hood Area _1,:.0:.::0:..1=Lo::::;t,,_,D:::•-=::.:•:.::1lo:::n:::•=-----... --·-·---~---.. --·--· _: ________ ....... ---··-----.. ·---··---- 1.10 10,000 sl Lot Areas (minimum) e j_., _1_.:::Lo:.:t..::;Wldlhs=:.:::;...----RecilangulBJ Lola (mfnlmum ailriiiii nlback •. ·--• 70 ·,e· e. I 1.1:~ ·-llne\ "-·-"... •• 20,000 sf 70 leet 20,000 Bl· 10,000 sf \ . ' .... -. . " -· -·-i-·· 70 leel 70 leet Pl• Shaped Lola on Cul-de-sacs or 1.22 Knucldee (et front eelb!!C~ f!!!!!I .. . . _ . 70 feel 70 leel 70 leel 70 leel '"i :30 Lot Coverage {mlllllmll"!) .. ___ ---· = ~~ = : 1~~ _ . " -40%' . ' : ,, . 4ii% ,. .. . . · ·· 4~{l0iliilo,ooo9i, 1 ·m iiidsilii;ooosl, ~-~~~: 1.40 Floor Area Rallo (maximum) 40% 59.&esr for each 59.5991 ror each 40%' 1.50 . ... -rr· .. -.. -·-·-•• .! !!!!Os! .2Y!!f. 1!!,!!!:IQ~f : rnQQ!! l!!!!f 1!!.~f. . 30 reel .. .. ·-.. I ' .. " " -· 3!l feet 30 feel '' I setbacb{mlnlmumlol!f!!l!!f!r!!n!)_' -·-· -·' " ". Front, 1•1 Floor {porches and bay wlndOMI ' --§!!'! !!!!9'!!!s!l !!! !!!!!!!ck! 1.S1 30 feet • Side, 111 ,Floor (lire placee and bay Sleet one side, 10 wlndawa can encroach In salback! reel other side 1.52 10 feel bolh sides ' 10.feel both sides 5 leel one side, 10 feel other side · SlreelSlde, 1slFloorC11111!r~~!: .... ~ ..... = .~~~{~! Rear 25 reel Front, 2nd Floor . . _ .• ~=~ .: :: ~ .. ::.'::::J~ 1!!!. . :: Sida, 2nd Floor (fire places and bay 10 reel one side, 1S 1.56 -windows !!!!!!.!!.l!!!:l!•cfl !rn!!!h!!~~) . !!!!!! !l!!l!!' aide .1.~! Streat Side, 2nd FIO!!! Comer ~O! . . . . . 20 feel 2olee1 ·· · 3iiieei · .. ~~j!!i"." 15 feet ~o ~ee! . 2.00 Building _ _ .. . ' ' lwo,eicepl lots 1·22,. one for'lols 2-1 2. 10 Number of storfea (maximlim) 1-23, 1-25 to 1-30 and· through 2-5 and 12, ..... _.. • _ ·---·--.• _ _J ::§!!P. l ·? ! ... !!Ill! 1!!!!•1 f!!!'JH! J:20 Helghl (mlllllmum from pr!IP.<!S~ ~!!l~!UIJ!!) . _ .... 2~ !eel . ~!!. !!!~! ... 3.oo Straat Dimensions i iii -Neighborhood Colleclor:' 3. H -· PubHa Acc9!a and !J~llty Width 60 reel 3. 1~ Roadway Width . .•. .. . _ 28 leet I 3.13 Linear Pmk Wldlh ("!!f!lmum): • . • .... • _ . Sidewalk Side 20 feet .. .. ... ~ ~ 60 fael ~ii iiitii 20 real October 30, 1997 · 20 ieet -.. 20 feat ~ ~q i!!C. = ~ ~... 25iaei 35 fee1 35 iiiiii · .. ;; ;-r;.,.. -·-lo ieei'oi181ide; 15 ee feet other !llde 20 ieet ' · 20 leei . " two, except one for . 1o1s 3.1, 3-2. &. 3,1e I ' .. • 30-iee! =· ~-~i.~- 60 reel 28 feel 27 leel 1 .. -.. ! 28 feet 60 feel 20 ieei 20 feel I 27 feet : Below Markel Rale Duets ii]oo sf totel fo1 the !!!!!! '' 70 feel 70 feet 40% 45% 30 feel 20 leel on garage side, 10 feet olher . ' !!!!!! 15 leel 20 iiiei 3o ieei 10 feet is feel 28 feel· ITEM 3.20 3.21 3.22 3.23 --·· EXHl&1r 14A DIOCESE OF SAN JOSE PROPERTY, 212 ACRES CUPERTINO, CALIFORNIA PLANNED DEVELOPMENT ZONINt;; DISffilCT . DESCRIPTION TMIPD DEVELOPMENT PLAN Nelghborl1ood Araa Below Matlcet Rate ·-· . Q!!!!!_ __ Communllv Area 1 1 2 3 4· Non-Sidewalk Side 12ffft 12 leel 5feel 1 . 12 feet/ 5 feel 2 NeWll!o1h~ C!!!:Q!:aec: -. ~->·--·-·· --· ·-· .. ·-_ __f~...f!-!! !!!!!! !:!lll!!y Wldl!! .50feet 50feel 50leet 50feet -·--· ... ~~;tit ~-. ---__ Ro!~!V~. 28 feel -28 feet 28 reel «•-.. ff• --·---· ---Linear Patk Width: -... -.. -·. . ... ... .. --,..,·-.... _ -..... .. .. ~--·---· -Sidewalk Side 14 leel 14 leel 14 feet 14 f!ef ___ -··~,, "--.... .. -· Non-Sidewalk Bidiil ___ if feet -· -8feel 8 feet 8 feet -...... ---··- Nole 1 In Ille lnlerest of retaining or lncrao/ng Ille eetback from an aldatlng tree proposed lor relenUon, i, racommended by lhe prof eel arbollsl, · stall may approve up to a 5-foot recluctlon In a minimum selback In a meldmum of 3 1:11ses. 2 The llnear park on the aldewalk side hi widened along the soulhweslelly sides of areas 3 and 4 to preserve 30 eldsllng Monterey Pine treee and to accommodele the PG&E berm. · ) The lion! setback must ha It least 20 feet &om the back or lhc linear park. A 1icle comer Belback 1hall bo I minimum or 12 reet. •Regardless of lot size, maldmum hD'lllle lllle hi 6500 1qu1ra feel •The Intent of Iha zoning dhltdct la lo meet or e110eed the crllerla for R-1 dmllopmanl nigu1au!!M In Area 1 and 4 and lo th• RHS lll1ndllds for Areae 2 and 3. The elle will be mnter graded lo creala ftat buOdlng peda whk:h peda .shell eilabllsh lnrldlng helghls. The above PD develi>pment standards llhal aupercede requlremenll relellng to Slope Density, Site Grading, ODWllhnl 1etb1cka end RldgeRne r111trlclitlona. 'The lot areas Include linear parks end private open space. Oclober 30, 1 gg7 ........ "i' II ' o,,,,,... ...... ''.:"') . Ut" i n., I :, 11'.t.· I qi.I' :: ql..J .•• 11.';··$ '::. . . . • . .. ; ... :). , .. , .. ' ; ..... •• .. ·! ~ .. •• ~: . • I : i . ... . .. • : ; . . . • • I : t • !, t ...... .. • 1 .... :~ .1 ••• ~. ' :•::-: . "' ... \•: .. ,: ••• I ; \ . ·- When recorded, rewrn to: County of Santa Oara Parks & Recreation Department 298 Garden Hill Drive Los Gacos, CA 95032 kectll'dedwhhout fee undet' ~ 6103 ~Code of lhe State of'Canfumla. GRANT DEED EXHIBIT C Parle: Project: APN: Map Ref.: Rancho San Antonio Oak Valley -Tract No. 9054 342-5-59, 60 LOS 5 (Area A) ROMAN CATHOLIC BISHOP OF SAN JOSE, a California corporation sole, (GRANTOR) grants to COUNTY OF SANTA CLARA, a pclltlcal subdivision of the State of California, (GRANTEE) all that real property in the City of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A. ROMAN CATHOLIC BISHOP OF SAN JOSE By -,....,,,.-,.--,..,,-~~--=--c-~~--,--:--~~~ Rev. Michael ). Mitchell, Attorney-in-fact ===============:========~============================= State of California ) County of Santa Oara ) ss. On 1998, before me, a Notary Public In and for said Stace, personally appeared Michael J. Mltmdl, who proved to me on che basis of satisfactory evidence to be che person whose name Is subscribed to chis Instrument and acknowledged to me chat he executed che same In his capacity, and that by his signarure on che Instrument che person or the entity upon behalf of which the person acted, executed the instrument. Notary Public GRANT DEED • EXHIBIT A LQil ·Parcel E of Tract 9054 Oak Valley Unit 1. RESERVING THEREFROM the following easements: Parle: Project: APN: Map Ref.: Rancho San Antonio Oak Valley -Tract No. 9054 342-5-59, 60 LOS 5 (Area A) The easements described below are reserved subject to the following conditions. Additional conditions are set out with the description of the indMdual easements described below: a. GRANTOR shall maintain the facilities in the easement area and the access to the faclUtles. b. GRANTOR shall provide plans for maintenance and replacement to GRANTEE 60 days before such plans are to be implemented for GRANTEE's approval. If GRANTEE has not responded within the 60 days, the plans shall be deemed approved. c. After plans have been approved, GRANTOR shall provide GRANTEE five (5) working days notice of date work Is to begin. d. If GRANTOR must make emergency repairs to the facilities, GRANTOR shall notify GRANTEE of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. e. GRANTOR shall maintain public access to park !ands unless GRANTOR receives written permission from GRANTEE's Director of Parks & Recreation to close any area. GRA NTOR shall take all means necessary to safeguard the public during any repair, maintenance or construction work. f. GRANTOR shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. GRANTOR shall carry out Its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species and preserve publlc access to park lands. h. GRANTOR shall hold GRANTEE harmless and indemnify GRANTEE against all liability arising out of GRANTOR's exercise of Its easement rights. EOS 1 - A non-exclusive 15-foot wide easement for maintenance and replacement of telephone lines, induding Ingress and egress, on the property described below: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 2 -A non-exclusive easement for maintenance and replacement of water system solely for irrigation of the adjoining cemetery parcel, including Ingress and egress, on the property described below: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) Also subject to the following: GRANTOR shall operate and maintain the well so that it does not become a hazard to the public. GRANTOR shall close the well according to all applicable regulations when the well is no longer used for irrigation of the adjoining cemetery parcel. EOS 3 • A non-exclusive 15-foot wide easement for maintenance and replacement of underground storm drain, Including Ingress and egress, on the property described below: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 4 • A non-exclusive 1 5-foot wide easement for maintenance and replacement of underground gas lines, Including ingress and egress, over the property described below: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 5 -A non-exclusive easement for maintenance and replacement of underground gas and water lines and overhead or underground electrical lines, Including Ingress and egress, on the property described below: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 6 -A non-exclusive easement for maintenance and repair of service road for the public, construction and service vehicles, Including Ingress and egress, on the property described below Ito Snyder/Hal1IRllJJll! House on the property described below: (DEVELOPER will provide easement descrlptlon before COUNTY accepts title to the property.) Park: Pro/ect: GRANT DE.ED • .EXHIBIT A APN: Map Ref.: Rancho San Aiiioiilo~~ Oak Valley· Tract No. 9054 342-5-59, 60 LOS 5 (Area A) EOS 7 -A non-exclusive 20-foot wide easement for Installation, maintenance and replacement of underground utilities, including ingres.s and egress, on the property described below: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) ALSO RESERVING THEREFROM the following easement to the Qty of Cupertino (CITY): The easement described below is reserved subject to the following conditions: a. CITY shall maintain the facilities in the easement area and the access to the facilities. b. CITY sltall provide plans for maintenance and replacement to COUNTY 60 days before sucft plans are to be Implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans sltall be deemed approved. c. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work Is to begin. d. If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24 hours of starting the repairs, Identifying the exact location and nature of the repairs. e. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Parks & Recreation. CITY shall take an means necessary to safeguard the public during any repair, maintenance or construction work. f. QTY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. CITY shall carry out its Installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species. h. QTY sltaU hold COUNTY harmless and Indemnify COUNTY against all liability arising out of OTY's exercise of Its easement rights. EOS 18 - A non-exclusive 30-foot easement for installation, maintenance and replacement of facilities for public emergency vehicle access on the property described below: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) When recorded, rewm to: County of Santa Clara Parks & Recreation Depanment 298 Garden Hill Drive Los Gatos, CA 95032 bc«ded without fee vndef' Secdotl 6103 Gowmment Code of the 5ta1ii of aurum.. GRANT DEED EXHIBIT D Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley -Tract No. 9054 342·52·3, 5 LOS I, 2 & 3 (Area B) ROMAN CATHOLIC BISHOP OF SAN JOSE, a California corporation sole, (GRANTOR) grants to COUNTY OF SANTA CLARA, a political subdMsion of the State of California, (GRANTEE) all that real property in the Oty of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A. ROMAN CATHOLIC BISHOP OF SAN JOSE By Rev. Michael J. Mitchell, Attomey·in-t::;~t ====================================================== State of CaHfomla ) County of Santa Oara ) ss. On J 1998, before me, _ a Notary Public in and for said State, personally appeared Mk:bael 1. Mitchell, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument and acknowledged to me that he executed the same In his capacity, and that by his signawre on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Notary Public Park: Project: GRANT DEED -EXHIBIT A APN: Map Ref.: Rancho San Antonio Oak Valley -Tract No. 9054 342-52-3, 5 LOS I, 2 & 3 (Area 8) (DEVELOPER wlll provide description before COUNTY accepts title to the property.) J.QS..Z -Parcel K of Tract No. 9054 Oak Valley Unit I RESERVING THEREFROM the following easements to the Qty of Cupertino (OTY): The easements described below are reseived subject to the following conditions. Additional conditions are set out with the description of the lndMdual easements described below: a. OTY shall maintain the fadlltles In the easement area and the access to the facilities. b. OTY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded wlthln the 60 days, the plans shall be deemed approved. c. After plans have been approved, CITY shall provide COUNTY live (5) working days notice of date work is to begin. d. If CITY must make emergency repairs to the facilities, OTY shall notify COUNTY of such work within 24 hours of starting the repairs, Identifying the exact location and nature of the repairs. e. CITY shall not close public access to park lands unless QTY receives written permission from COUNTY's Director of Parks & Recreation. CITY shall take all means necessarY to safeguard the public during any repair, maintenance or constructlon work. f. CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. CITY shall caTTY out Its installation, maintenance and repairs so as to preseive the habitat of any federally or state listed species. h. CITY shall hold COUNTY harmless and Indemnify COUNTY against all llabllity arising out of CITY's exercise of its easement rights. EOS 16 - A non·exdusive easement for installation, maintenance and replacement of public storm drainage facilities on the property described below under the following conditions: (DEVELOPER wlll provide easement description before COUNTY accepts title to the property.) EOS 17 - A non-exclusive 15-foot wide easement for installation, maintenance and replacement of public storm drainage facilities on the property described below under the following conditions: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) J.Qll -Parcel J of Tract 9054 Oak Valley Unit 1 RESERVING THEREFROM the following easements to the City of Cupertino (QTY): EOS 13 -a public utlllty easement 30 feet wide for underground utllltles on the property described below under the following conditions: a. CITY shall maintain the facllitles In the easement area and the access to the fadlltles. b. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be Implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. c. After plans have been approved, CITY shaH provide COUNTY live (5) working days notice of date work is to begin. d. If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24 hours of starting the repairs, Identifying the exact location and nature of the repairs. e. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY'S Director of Parks & Recreation. OTY shall take all means necessarY to safeguard the public during any repair, maintenance or construction work. f. CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. CITY shall caTTY out Its Installation, maintenance and repairs so as to preseive the habitat of any federally or state listed species. h. CITY shall hold COUNTY harmless and Indemnify COUNTY against an liability arising out of CITY's exercise of Its easement rights. (DEVELOPER will provide easement description before COUNTY acceptS title to the property.) When recorded, return to: County of Santa Clara Parks & Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 Recorded Mthout fee under Secdon 6101 ~Code oflhe sm~rCaliftitna GRANT DEED EXHIBIT E Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley -Tract No. 9054 342-5-59, 60 LOS 4 & 6 (Area C} ROMAN CATHOLIC BISHOP OF SAN JOSE, a California corporation sole, (GRANTOR) grants to COUNTY OF SANT A CLARA, a political subdivision of the State of California, (GRANTEE) all that real property in the City of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A. ROMAN CA THOUC BISHOP OF SAN JOSE By -:-:::-:---::-::-~:--:---::---:-~~--,--,,-~~~ Rev. Michael J. Mitchell, Attorney-in-fact ====================================================== State of California ) County of Santa Oara ) ss. On m~J 1998, before me, a Notary Public in and for said State, personaUy appeared Michael J. Mitchell, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument and acknowledged to me that he executed the same In his capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the Instrument. Notary Publlc Park: GRANT DEED -EXHIBIT A Project: APN: Map Ref.: LOS 4 -Parcefc of Tract 9054 RESERVING THEREFROM lhe following to lhe Oty of Cupertino (CITY): Ra._ .• 10 San Antonio Oak Valley -Tract No. 9054 342-5-59, 60 LOS 4 & 6 (Area C) The easements described below are reserved subject to lhe followlng conditions: a. CITY shall maintain lhe facilities In lhe easement area and the access to the facilities. b. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be Implemented for COUNTY's approval. If COUNTY has not responded wilhln lhe 60 days, lhe plans shall be deemed approved. c. After plans have been approved, CITY shaU provide COUNTY five ( 5) working days notice of date work is to begin. d. If CITY must make emergency repairs to lhe fadlitles, CITY shall notify COUNTY of such work wlthln 24 hours of starting lhe repairs, Identifying lhe exact location and nature of the repairs. e. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Parks & Recreation. CITY shall take all means necessary to safeguard the publlc during any repair, maintenance or construction work. f. CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. CITY shall carry out its installation, maintenance and repairs so as to preserve lhe habitat of any federally or state listed species. h. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITY's exercise of Its easement rights. EOS 8 -A non-exclusive easement for installation, maintenance and replacement of 10-foot public storm drainage facilltles, including Ingress and egress, on the property described below: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 9 -A non-exclusive easement for installation, maintenance and replacement of an easement for public sewer and storm drainage, including Ingress and egress, on the property described below: (DEVELOPER wlll provide easement description before COUNTY accepts title to the property.) EOS 10 • A non-exclusive easement for installation, maintenance and replacement of public underground storm drainage facilities, Including Ingress and egress, on the property described below (along Cristo Rey Drive to detention basin): (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 11 • A non-exclusive easement for installation, maintenance and replacement of facilities for public emergency vehicle access, public utllltles, indudlng Ingress and egress, and pedestrian/bicycle access on the property described below: (DEVELOPER wlll provide easement description before COUNTY accepts title to the property.) EOS 14 - A non-exclusive easement for installation, maintenance and replacement of public storm drainage facilities on the property described below (along Cristo Rey Drive to detention basin): (DEVELOPER will provide easement description before COUNTY accepts tide to the property.) EOS 15 - A non-exclusive easement for installation, maintenance and replacement of public storm drainage facilities on the property described below (at the detention basin): (DEVELOPER wlll provide easement description before COUNTY accepts title to the property.) EOS 19 -Easement for lnstallatlon, maintenance and replacement of public storm drainage facilities on the property described below: (DEVELOPER will provide easement description before COUNTY accepts title to the "property.) EOS 20 • Easement for installation, maintenance and replacement of public storm drainage facilities on lhe property described below: (DEVELOPER wlll provide easement description before COUNTY accepts title to the property.) Parlt: GRANT DEED • EXHIBIT A Project: APN: Map Ref.: LQSA • Parcel D of Tract 9054 Oak Valley Unit 1. Rancho San Antonio Oak Valley -Tract No. 9054 342-5-59, 60 LOS 4 & 6 (Area C) GRANTOR shall maintain in perpetuity the ponds and appurtenant facilities on the subject Parcel D according to the following: I • Maintain the ponds and landscaping according to the Landscaping Plans for Tract 9054 Oak Valley Unit I as approved by GRANTEE. GRANTOR shall submit landscaping plans for GRANTEE'S approval 60 days in advance of any proposed instaUatlon date. GRANTEE shall not unreasonably withhold Its consent. 2. Maintain the ponds and adjacent landscaping to be clean and attractive and ensure that no public health haiard or nuisance exists on the parcel. 3. Ensure that public access through the parcel is kept open. 4. Submit any plans for changes In the ponds and landscaping to GRANTEE 60 days before any such changes are to be installed. GRANTEE shall not unreasonably withhold Its approval. 5. Shall protect, defend, indemnify and hold harmless GRANTEE from and against any damages, expenses or liabilltles arising directly or Indirectly arising from GRANTOR's maintenance of the subfect parcel. 6. Shall maintain at Its own cost general liability Insurance In the amount of $1,000,000 per occurrence naming the GRANTEE as additional insured against any liability, costs, claims or damages arising from GRANTOR's maintenance. of the subject parcel. When recorded, return to: County of Santa Clara Parks & Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 Recon1ed wtthout ~under Secdon 6 IOl Government Code of die State of C311ruml'a EASEMENT DEED EXHIBIT F-1 Parle Project: APN: Map Ref.: Rancho San Antonio Oak Valley • Tract No. 9054 342-5-62 EFC 3 (Water system facllitles) COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY) grants to QTY OF CUPERTINO, a municipal corporation, (QTY) a non-exclusive easement for maintenance and replacement of water system facilities, Including Ingress and egress, on the real property in the Oty of Cupertino, County of Santa aara, State of California, described on the attached Exhibit A and under the following conditions: 1. CITY shall maintain the facilities in the easement area and the access to the facilities. 2. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. 3. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to begin. 4. If CITY must make emergency repairs to the facilities, OTY shaff notify COUNTY of such work within 24 hours of starting the repairs, Identifying the exact location and nature of the repairs. 5. CITY shall not close pubUc access to park lands unless CITY receives written permission from COUNTY's Director of Parks & Recreation. CITY shall take all means necessary to safeguard the public during any repair, maintenance or construction work. 6 OTY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. 7. CITY shall carry out Its Installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species and preserve pubDc access to park lands. 8. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of QTY's exercise of It< easement rights. Blanca Alvarado, Chairperson ===-·~===-.. ----=====================--===--=========--==--==========--===========--================ State of carlfomia County of San!a Clara On , 1996, before me, a No!ary Public in and for said Stale, personally appeared Blanca Alvarado, known lo me to be !he Chairperson of the Santa Clara County Board of Supervisors, known to me lo be the person who executed this instrument on behalf of Santa Clara County and acknowledged to me !hat Santa Clara County authorized execu!ion of this instrument No!ary Public Park: EASEMENT DEED· EXHIBIT A Project: APN: Map Ref.: Rancho$;.,. Anionio Oak Valley -Tract No. 9054 342-5-62 EFC 3 (Water system facilities) All that real property situate in the City of Cupertino, County of Santa Clara., State of California being a portion ofPan:el A as said pan:el is described in that certain deed recorded on October 11, 1977 in Book 0197 of Official Records at page 696 recorded in the Office of the Recorder of the County of Santa Clara, State of California being fiuther described as follows: BEGINNING at the most southerly comer of said pan:el; thence along the southwesterly line of said parcel, North 43 "21'29" West, a distance of 1443.82 feet; thence leaving said line North 46°38'3 l" East, a distance of299.46 feet to the TRUE POINT OF BEGINNING and the beginning ofa non- tangent curve to the right from which point a radial line bean North 46°38'31" East; thence along said curve having a radiusofl40.00 feet, aeeotnd angle of360° 00' oo•, an arc length of879.6S feet to the TRUE POINT OF BEGINNING, containing an area of 1.41357 acres more or less. The bearing North 81°11'40" East of the northerly line of the Lands of Santa Clara County as said line is shown on that certain Record of Survey filed for i:ec:ord on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records. State of Cali!omia is used as the basis ofbearinp. A plat showing the above described parcel is attached hereto and made a pan hereof as Exlubit "B". This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. Bradley A. Bil , . Expires: 3/31/2002 When recorded, return to: County of Santa Clara Parics & Recreation Depanment 298 Garden Hill Drive Los Gatos, CA 95032 RAmrded wtilioot fee under Sea:loo 6103 Government Code of dte State ofCal'll'ornb EASEMENT DEED EXHIBIT F·2 Parle: Project: APN: Map Ref.: Rancho San Antonio Oak Valley • Tract No. 9054 342-5-62 EFC 4 (Water system facilities) COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY) grants to CITY OF CUPERTINO, a municipal corporation, (CITY) a non-exclusive easenient for maintenance and replacement of water system facilities over the real property in the City of Cuperdno, County of Santa aara, State of Callfomla, described on the attached Exhibit A and under the following conditions: t. CITY shall maintain the facilities in the easement area and the access to the facilities. 2. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be Implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. 3. After plans have been approved, aTY shall provide COUNTY five (5) working days notice of date work is to begin. 4. If aTY must make emergency repairs to the facilities, OTY shall notify COUNTY of such work within 24 hours of stardng the repairs, Identifying the exact location and nature of the repairs. 5. CITY shall not close public access to parlc lands unless CITY receives written pennlsslon from COUNTY's Director of Parics & Recreation. CITY shaU take all means necessary to safeguard the public during any repair, maintenance or construction work. 6 CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. 7. CITY shall carry out Its Installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species and preserve public access to park lands. 8. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITY's exercise of its ea~ment rights. Blanca Alvarado, Chairperson =====~--===========================================~======== State of California County of Santa Clara ) ) On 1998, befott me, ..... a Notary Public In and for said State, personally appeared Blanca Alvarado. known ID me ID be !he Chairperson of the Santa Clara County Board of Supervisors, known to me to be !he person who executed !his Instrument on behalr of Santa Oara County and acknowledged to me that Santa Clara County authorized execution of this Instrument. Notary Publ!c Park: ........ ~l'l...1cho San Antonio EASEMENT DEED· EXHIBIT A Project: Oak Valley· Tract No. 9054 APN: 342-5-62 Map Ref.: EFC 4 (Water system facilities) All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a ponion of Parcel A as said parcel is described in that certain deed recorded on October 11, 1977 in Book D 197 of Official Records at page 696 recorded in the Office of the Recorder of the County of Santa Clara, State of California being more particularly described as follows: BEGINNING at the most southerly comer of said parcel; thence along the southwesterly line of said parcel North 43"21 '29" West, a distance of 1480.18 feet; thence South 46°38'3 l" West, a distance of304.26 feet to the TRUE POINT OF BEGINNING; thence South 65"59'35" West, a distance of 98.05 feet to the beginning of a non-tangent curve to the left from which point a radial line bears South 65°03'51" West; thence along said curve having a radius of335.00 feet, through a central angle of30"03'51", an arc length of 175.78 feet; thence North 55°00'00" West, a distance of 106.53 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of330.00 feet, through a central angle of 11°20'00", an arc length of65.28 feet; thence North 43°40'00" West, a distance of 18.74 feet to the beginning ofa tangent curve to the right; thence along said curve having a radius of70.00 feet, through a central angle of92°05'00", an arc length of 112.50 feet; thence North 48°25'00" East, a distance of213.96 feet to the beginning ofa tangent curve to the right; thence along said curve having a radius of 515.00 feet, through a central angle of 11 °28'00", an arc length of 103.07 feet; thence North 59°53'00" East, a distance of 125.01 feet; thence South 31°56'00" West, a distance of 64.01 feet; thence South 59° 53'00" West, a distance of 68.47 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 485. 00 feet, through a central angle of 11°28'.00", an arc length of97.06 feet; thence South 48°25'00" West, a distance of213.96 feet to the beginning ofa tangent curve to the left; thence along said curve having a radius of 40.00 feet, through a central angle of92°05'00", an arc length of 64.29 feet; thence South 43 • 40'00" East, a distance of 18. 74 feet to the beginning of a tangent curve to the left; thence along said curve having a radiusof300.00 feet, through a central angle of 11°20'00", an arc length of59.34 feet; thence South 55°00'00" East, a distance of 106.53 feet to the beginning ofa tangent curve to the right; thence along said curve having a radius of 365.00 feet, through a central angle of 23•oj•os•, an arc length of146.8S feet; thence North 65°59'35" East, a distance of75.43 feet to the beginning of a non-tan!§llnt curve to the left from which point a radial line bean North 80" 15'39" East; thence along said curve having a radius of 140.00 feet, through a central angle of 18°34'03", an arc length of 45.37 feet to the TRUE POINT OF BEGINNING, containing an area of29,271 square feet more or less. · The bearing North 81" 1 l '40" East of the northerly line of the Lands of Santa Clara County as said line is shown on that cenain Record of Survey filed for record on October 2, 1979 in Boole 450 of Maps at page 41, Santa Clara County Records, Stii.te of California is used as the basis of bearings. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B". This description was prepared by me or under my direction in confonnance with the requiremems of the Land Surveyor's Act. b~ Bradley A. Bilbo, P0ril4 l Dated: +(tt/11 Expires: 3/3112002 When recorded, return to: County of Santa Clara Parts & Recreation Department 298 Garden HID Drive Los Gatos, CA 95032 Recorded without fee imder Section 6 !03' Gowmnent Code of the St* otC311fomb EASEMENT DEED EXHIBIT F-3 Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley -Tract No. 9054 342-5-62 EFC 5 (Public utilities) COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY) grants to CITY OF CUPERTINO, a municipal corporation, (CITY) a non-exclusive easement for underground public utilities, including Ingress and egress, and including, but not limited to, water, gas and electricity in the real property in the Oty of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A and under. the following conditions: 1 • CITY shall maintain the facllltles In the easement area and the access to the facilities. 2. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be Implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. 3. After plans have been approved, CITY shall provide COUNTY five (5) working days notlce of date work Is to begin. 4. If QTY must make emergency repairs to the facilities, OTY shall notify COUNTY of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. 5. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Parts & Recreation. CITY shall take aU means necessary to safeguard the public during any repair, maintenance or construction work. 6 CITY shall restore the land disrupted by maintenance or repairs to the condition existing. before such work was begun. 7. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species and preserve public access to park lands. 8. CITY shail hold COUNTY harmless and Indemnify COUNTY apinst all ilabillty arising out of OTY's exercise of Its easement rights. Blanca Alvarado, Chairperson =======================================~==================== State of California County of Santa aara On 1998, before me, a Notary Public In and for said State, peoonally appeared Blanca Alva@dg, known tt> me tt> be the Chalrpeoon of the Santa Qara County Board of Supervisors, known tt> me tn be the person who executed this Instrument on behalf of Santa Clara County and acknowledged tt> me that Santa Clara County authorized execution of !his Instrument. Notary Public Park: Project: EASEMENT DEED· EXHIBIT A APN: Map Ref.: k.. .. cho San Antonio Oak Valley -Tract No. 9054 342-5-62 EFC 5 (Public utilities) All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel A as said parcel is described in that certain deed recorded on October 11, 1977 in Book 0197 of Official Records at page 696 in the Office of the Recorder of the County of Santa Clara, State of California being more particularly described as follows: ~A 'd BEGINNING at the most northeasterly comer of said parcel; thence along the northerly line of sai parcel South 81°11 •40• West, a distance of 164.55 feet to the TRUE POINT OF BEG:INNING; thenc~ South 33°18'21 • East, a distance of20.37 feet; thence South 29°09'55_" West, a distance of 33.27 feet to the beginning of a non-tangent curve to the left, from which point a radial line bears South 29°09'55"; thence westerly along said curve having a radius of 194.00 f~ through a central angle of24"09'55", an arc length of 81.82 feet; thence North 85°00'00" West, adistance of38.99 feet to the northerly line said parcel; thence along said line North 81°11'40" East, a distance of 122.95 feet to the TRUE POINT OF BEGINNING, containing an area of2,488 sauare feet more of less. AR.BAB BEGINNING at the most northeasterly comer of said parcel; thence along the northerly line of said parcel South 81°11 '40" West, a distance of 396.99 feet to the beginning of a non tangent curve to the left, from which point a radial line bears North 33°34'30" East; thence easterly along said curve having a radius of 196.00 feet, through a central angle of28°34'31 ",an arc length of 97.75 feet; thence South 85°00'00'1..East, a distance of 51.56 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 144.00 feet, through a central angle of24°09'55", an arc length of 60.73 feet; thence South 29"09'55" West, a distance of 35.00 feet to the beginning of a non- tangent curve to the left, from which point a radial line bears South 29°09' 55" West; thence westerly along said curve having a radius of 109.00 feet, through a central angle of24°09'55", an arc length of 45.97 feet; thence North 85°00'00" West, a distance of 51.56 feet to the beginning of a tangent· curve to the right; thence along said curve having a radius of 231.00 feet, through a central angle of 25°05'29", an arc length of 101.16 feet; thence South 81°11'40" West, a distance of 381.95 feet to the northerly line of said parcel; thence along said line the North 39°03'39" West, a distance of 40.52 feet to an angle point; thence continuing along said line North 81°11'40" East, a distance of 415.30 feet to the TRUE POINT OF BEGINNING, containing an area of21, l 04 square feet more or less. · The bearing Nort:li 81°11 '40" East of the northerly line of the Lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit ,.B". This description was prepared by me or under my direction in confoimance with the requirements of the Land Surveyor's Act. ~ .... Expires: 3/3112002 When recorded, rewm to: County of Santa aara Parks & Recreation Department 298 Garden Hill Drive Los GatoS, CA 95032 Recorde-d wfdlOtll fl!t undet' Sectton 6101 ~Codi: otthe State of Calromta EASEMENT DEED EXHIBIT F·4 Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley· Tract No. 9054 342·5-62 EFC 6 (Right-of-way, publk utilities & stonn drainage) COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY) grants to OTY OF CUPERTINO, a municipal corporation, (CITY) an easement for public right-of-way, underground public utilities and stonn drainage facilities over the real property in the Qty of Cupertino, County of Santa Oara, State of California, described on the attached Exhibit A and under the following conditions: 1. CITY shall maintain the facilities in the easement area and the access to the fadllties. 2. aTY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be Implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. 3. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work ls to begin. 4. If CITY must make emergency repairs to the facUities, CITY shall notify COUNTY of such work within 24 hours of starting the repairs, Identifying the exact location and nature of the repairs. 5. CITY shall not close public access to park lands unless CITY receives written pennlsslon from COUNTY's Director of Parks & Recreation. CITY shall take all means necessary to safeguard the publlc during any repair, maintenance or construction work. 6 aTY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. 7. CITY shall calT}' out Its Installation, maintenance and repairs so as to preserve the habitat of any federally or state fisted species and preserve public access to park lands. 8. CITY sl::;ol hold COUNTY hannless and Indemnify COUNTY agall'!St ~II liability arising out of CITY's exercise of Its easement rights. Blanca Alvarado, Chairperson ===================================================-~======= State of Callfomla County of Santa Cara On 1998, before me, a Notary Public In and for said State, personally appeared !llanca Alvarado. known to me to be the Chairperson of the Santa Oara County Board of Supervisors, known to me to be the person who executed this Instrument on behalf of Santa Oara C.Ounty and acknowledged to me that Santa Oara County authorized execution of this Instrument. Notary Public Park: Proiect: EASEMENT OEEO· EXHIBIT A APN: Map Ref.: Rancho S< .nionio ····· Oak Valley· Tract No. 9054 342-5-62 EFC 6 (Right-of-way, public utilities & storm drainage) All that real property situate in the City of Cupertino, County of Santa Ciara, State of California being a portion of the Lands of County of Santa Clara, as shown on that certain Record of Survey reeorded on October 2, 1979 in Book 450 of Maps at page 41 in the Official Records of the County of Santa Clara, State of California and being more particularly described as follows: BEGINNING at the most easterly comer of Parcel B as said comer is shown on that certain tract map entitled "Tract No. 9054, Oak Valley -Unit l ," recorded on in Book ____ of Maps at pages inclusive, Santa Clara County Records; thence along the southerly line of said Parcel B South 81°11'40" West a distance of73.50 feet to the TRUE POINT OF BEGINNING; thence leaving said southerly line South 85°00'00" East a distance of 38.99 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 194.00 feet, a central angle of 60°00'00", an arc length of 203.16 feet; thence South 25°00'00" East a distance of 55. 72 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 206.00 feet, a central angle of 49°23'50", an arc length of 177.60 feet to the southwesterly line of the lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 at Page 1393, Official Records of Santa Clara County; thence along said southwesterly line South 09°27'06" East a distance of 54.06 feet to the beginning of a non-tangent curve to the right from which point a radial line bears South 10°28'19" West; thence leaving said southwesterly line along said curve having a radius of 256.00 feet, a central angle of 54°31'41'', an arc length of 243.63 feet; thence North 25°00'00" West a distance of 55.72 feetto the beginning of a tangent curve to the left: thence along said curve having a radius of 144.00 feet, a central angle of 60000'00", an arc length of 150.80 feet; thence North 85°00'00" West a distance of 51.56 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 196.00 feet, a central angle of28°34'30", an arc length of97.75 feet to the southerly line of said Parcel B; thence along said southerly line North 81°11 '40" East a distance of 109.48 feet to the TRUE POINT OF BEGINNING, containing an areaof27,319 square feet more or less. A plat showing th\: above described parcel is attached hereto and made a pan hereof as Exhibit "B". Titls description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's A.ct EXHIBT G DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF OAK VALLEY THIS DECLARA'flON OF COVENANTS, CONDmONS AND RESTRICTIONS OF OAK V AILEY ("Declaration") is made by THE O'BRIEN GROUP, a California corporation ("Declarant"). ARTICLE I INTENTION OE DECLARATION 1.1 PROPER'fl' OWNED BY DECI.ARAN]': Declarant is the owner of a11 the real property and Improvements !hereon located in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Lots l through 12, inclusive, as shown on the map of Tract No. 9054, Oak Valley -Unit I rued for record on••, 1998, in Book•• of Maps at Pages•• through••, inclusive, in the Official Records of the County of Santa Clara, State of California. PARCEL TWO: Lots l through ~ aJI, inclusive, ss shown on !he map of Tract No. ~ l!!t'.Z!l, Oak Valley -Unit 4 ;I filed for record on*"', 1998, in Book•• of Maps at Pages ••through **,inclusive, in lhe Official Records of the County of Santa Clara, State of California. PARCEL THREE: Lots 1 through~ ft, inclusive, as shown on the map of Tract No. 9!,l;?,8-2Q26, Oak Valley -Unit~ l filed for record on**. 1998, in Book•• of Maps at Pages ••through ••, inclusive, in, the Official Records of the County of Santa Clara, State of California. 1.2 APPLICABILITY OF RESTRICTIONS: Dectarant hereby declares that the Project and a11 Improvements !hereon are subject to !he provisiollll of this Declaration. The Project shall be held, conveyed. hypothecated, encumbered, leased, rented, used, occupied and improved subject to !he covenants, conditions and restrictions stated in this Declaration. All such covenants, conditions and restriclions are declared to be in filrtherance of the plan for the subdivision, improvement and sale of the Project. All of 1he limitations, easements, uses. obligations, coveoams, conditions, and resttictions staied in this Declmllion shall nm with the Project and sba1I inure to the benefit of and be binding on all Owners and all other parties having or acquiring any right, title or interest in any part of the Project.~;'.~ OM fS1li! ~~~~~Jm ~~i,I ~ P!lttffi~.B!i:.1l~i~i\!!!l@B I ~ This Declaratioo shall not be interpreted to establish a ~common lnlCt'Cst Development•, as that tennis defined in California Civil Code Section 135l(c}. and the Project shall not be subject to !he Davis-Stirling Cammon IntereSl Development Act. LITTLE & SAPUTO AT1'0RNEYS AT LAW 1901 oc YMrrc BOUUIV ARD, fHiO WALNUT C:Rrult(, CA 94'96·$424 i9l5) 9Ao6-SOOO 06110198 ( ARTICI.E D DEFINITIONS Unless the context clearly indicates a different meanillg, die terms used in this Declaration, the M,ap, and any gram deed to a Lot shall have the meanings specified. in this Article. H ALTERATIQN: The term •Alteration" shall mean wnstructing, perfomrlng, inslalllng, remodeling, r,epairing, replacing, demolishing, and/or changing the color or shade of any Improvement. The term "Alteration• does not include repainting or refinishing any Improvement in the same color, hue, intensity, tone, and shade or repairing any Improvement with the same materials. M 2.2 ARCHITECTURAL DESIGN COMMI1"J'KE: The term ·Architectural Design Committee" shall mean the committee described in Article VII. CITY: The term "City" shall mean the City of Cupertino, California. COUNTY: The term •coomy• shall mean the Coumy of Sanla Clara, California. ':t::6 :LS CUSTOM BUILDER: The tenn "Custom Builder" shall mean an Owner who (i) is designated as a Custom Builder by Declarant liM1TfM and (ii) acquires from Declarant one (l) or more Ult which is not improved with a Residence at the time title io the Lot is conveyed by Declarant. A Custom Builder may also be a Declarant if the provisions of Section 2. 7 are sallsfied. H 2.§ DECLARANT: The term "Declarant" shall mean The O'Brien Group, a California corporation. The term "Declarant" shall also mean any successor or assign of Declarant, if (i) a certifiea!e, signed by Declaraut and Declarant's successor or assign, has been recorded In the Coomy in which the successor or assign assumes the · rights and duties of Declaran! w some portion of the Project m: --~J!;im;<ii) such soccessor or assign acquires all of the Project Mid i&llj(lfl!i(!~~ then owned by a Declarant which must be more than ooe (I) Ult. There may be more than one Declarant at any given time. ~ 2.1 DECJ .A.RATION: The term "Declaration" shall mean this Declaration of Covemm!$, Conditions and Restrictions of Oak Valley and any amendmenrs hereto. 'trl:9 2J1 IMPROVEMENTS: The term "Improvemenlll" ohall mean everything constructed, ins!alled or plan~ on real property. including without limitalion, buildings, -· fences, walls, paving, pipes, wires, grading, LITTLE &. SAPUTO A1TORN£Y$A:TLAW 9UI 01,YMPIC noutts\/Alt:o.1100 WALJt<UT cannx:. CA 9.U96-.1Dl<t (W3) 944~,,ooo 2 06110/98 landscaping and other works of improvement as defined in Section 3106 of the California Civil Code, eitcluding only those Improvements or portions thereof which are dedicated to the public or a public or quasi-public entity or utility company, and accepted ror maintenance by the public, such entity ormility company. ~ 2.2 INVITEE: The terni "Invitee• shall mean any person whose presence within the Project is approved by or is at the request of a panicular OWner, including, bu! 001limited10, lessees, tenants, and the family, guests, employees. licensees or invitees of Owners, tenants or lessees. . ~ l.l!l LINEAR PARK: The term "Linear Park" shall mean those portions of (i) Loll! 1 through 3, inclusive, and Lom 9, IO and 11 shown on the Unit 1 Map as "7.5' P.U.E. w, (ii) Lots 3 through 6, inclusive, and LolS II and 12 shown on the Unit 1 Ma:p as "7' P. U .E.. •, (iii) Lom 6 through 11, inclusive, shown on the Unit I Map as "13.5' P.U.E. & P.A.E. •, (iv) Lots 9 through 11, inclusive, slmwn on the Unit 1 Map as "Restricted Use", (v) .Lill$ I thmugh 6. ~· shttmi on tMUnif'?<••t~f!l~\&'p;y.14-n;cyfiµitSt_,•lr~~d~G shown ou the Uii12':MiQ! M "13.S' f.Ulf;~;@,!{a;~Ul)::l.'»f~il.'>'•J,fliWi':l$''!.ij!:l•tni{~ fil)'J,lilf~ 2 M111fas "7'P.JJUW'. fi111lLo!s t5thrjjl'11Ufi1~~~M'!:!1,Jt'R~r.~r~ -.. J.-«ttJ_er,«££2%i£A1!?.~+.::t.:m:rr::s:r .. -.. ..... -"-' \M&Et}~.n:::s %C 1 thl"Olldi 9. !iJ&QmY.e _, LQ,W 12 ii!UIW!il!lfi!'!!li!lli'i~J!lll!~Bllrii!{:l'.:~£.:QZ:J:!;!'.\l':~l'.M.'J~~ 1nc1us1...:. mon qn'theJTlilt 3 ~ii as "lt»~~Qlr~WlliPJ11UIP'.~tll~ 3 Mg• "4.5' tt.U:E/•f IXID l..OOjll;~~('ilJ&~J.ijj.?Uq3li.il~'.i'\~'.:f?"ll{ie :M1:tlis~::U:Cv':':fiJ:'~~~~ 2fi. hJcli,lslH. Jillf 35ttitjmgff38 .. ~.:fl:~!IJlll'~j!) jji!ilJJti!ljjjjfj.l-Q~Jlilll 3 Map 1111 "7' P.JP:E• "; !XVI I.ms l'h 111. ~~~~ tlij'iij'iiJj)41!; lrifJii!lil'1ff1itJ.'f4'z:Jft~ 49. lnclnslye. Mil Lots 58 thrn!1gli' 60,1'W!'lliif~~-Vrijt ~:!\JU l,i ~13;S~}'J:(~""f; ';~:;J;!'~ fxyj) 1m ss .. 56 ljj.id 58 mmm on tlie Wff~.li~~~J~~~WJ11J."'Ji; P;jiE. ~;cmn l9tJi'n:~;tr'S?'Pll 60 sboym ou the UD!t 3 Map as "BM@.~.:~~.!~f~ Lots 1 and 2 and Lots 13 through 21, inclusive, sbown on the Unit 4 Map as "11 S P. U. E. •, {'~~ Lots 2 through 7, inclusive, shown on the Unit 4 Map as "7 S P.U.E.", ~ml Lots 7 through 11, inclusive, shown on the Unit4Map as "7' P.A.E." .. ~Lots 11 lhrough 13, inclusive, shown on the Unit4 Map as "13.5' P.U.E. & P.A.E. •, 616.!llllll) Lots 22 !hrough 34, inclusive, shown on 1be Unl1 4 Map as "19.5' P.U.E. & P.A.E.", ~Lots I, :2 and 4 shown on the Unit S Map as "ll.5' . P.U.E.", ~Lots 4 through 8, inclusive, wt 30,·Lots 32 through 38, inclusive, and Lots 45 through 50, inclusive, shown on the Unit 5 Map as "7.5' P.U.E.", ~Lots 8 through 11, inclusive, and Lots 38 through 40, inclusive, shown on the Unit 5 Map as •7• P.U.E. •,~Lots II through 29, inclusive, and LolS 40 through 45, inclusive, shown on !he Unit 5 Map as "13.5' P.U.E. and P.A.E.", and~ wts 50 and 51 sho\.Vn on the Unif5 Map as "19.5' P.U.E. & P.A.E. •. The 1enn "Linear Park" includes all Improvemenls wilhin the areas described as Linear Park. The tenn "pinelH' Park" shftH ~;.,~.:~~:'P~ 6f'Ji Lot deser~,ed~~,~.:~.• DeelantHOO ef;:A:n-"'lexatiOO. i!-:-'1:3 2.11 LQI': The term "Lot" shall mean Lots l lhrough 12. lnclosive, as shown on the Unit I Map,J.lifa l thl'l!!u 20. lnr!Jmtn.. u sbn .... oo the IIott,ilfat>H'Wfl~ !ii; Jndil'IY& !IS shomi mi tlill UQ1'3 Mi Lots I lhrough 34, inclusive, as shown on the Unit 4 Map and Lois I through 51, inclusive, as shown on the Unit 5 Map. The term •Lot" includes all Improvements thereon. t.-1'4 2.U MAE: The tenn "Map" shall mean the Unit I Map, ttie l!itlf2 Map;tl!IVPJt:;}:ftJIQii the Unit 4 and the Unit 5 Map, unless otherwise expressly provided. LlTTLE & SAPUTO A11VRN£Y$ .41' l..tW 1901 O?,YMJ'IC ltOIJL£VARO, #100 WAL."'IUT CREI!X, CA 94'"96.jl)l4 1925) 944·5000 3 06/1()198 ( The term "Map" sbllll llbt'l mean mty 1eeorded 8'!'1bdhillien mttp deseribed in a Deelaratien ef Anneltfttien. 2.14.1 2.1:2.1 UNIT l MAP: The !enn "Unit I Map" shall mean the map of Tract No. 9054, Oak Valley--Unit 1 filed of record on**, 1998, in Book•• of Maps at Pages •• through•*, inclusive, m the Official Records of the Co\lll!y, including any subsequently recorde<I amended final maps, parcel maps, amended parcel maps, certificates of correction, lot line adjustmenlll and/or records of survey. 2.14.2 2.12.2 UNIT'f2MAJ>: The tenn "Unit42 Map" sba11 mean the map of Tract No. 9fd'1T l!!lZS. Oak Valley -Unit -4! 2 filed of record on ••, 1998, in Book •* of Maps at Pages •• through *', inclusive, in the Official Records of the County, including any subsequently recorded amended ftnal maps, parcel maps, amended parcel maps, certificates of correction, lot line adjustments and/or records of survey. 2.14.3 2.12.3 UMTf3M.\P: The term "Unit!;lMap"shallmean the map of Tract No. 90Tll l!!.l'lj, Oak Valley --Unit~ .l flied of recOtd on ••, 1998, in Book ••pf Maps at Pages **through••, inclusive, in the Official Records of the County, including any snbsequently recorded amended final maps, parcel maps, amended parcel maps, certificates of correction, lot line adjustments and/or records of survey. malJS. cert!ffcatt:§ gf' c!lttmfMi'lot lip!! l!ilijlli!Mll@(iPflii'~ Ofljittey; Z.U t.-1:5 OWNER: The term "Owner" shall mean !he holder of record fee title to a Lot, includlng Declarant as to each Lot owned by Dedarant. If more than one person owns a single Lot, the term "Owner" shall mean all owners of that Lot. The term "Owner" shall also mean a contract purchaser (vendee) under an installment land contract but shall exclude any person having an imerest in a Lot merely as security for performance of an obligation. '.t:-l6 l.li PARKING SPACE: The term "Parking Space" shall mean portions of (i) Lots 2 and 34! L:J1i 'Z7. 32. 45. 52 aw1 5 as shown on the Unit 3 Mg M$(1J,il:)Jiljfli'J;Mcl 3!t es •!iQ'i!ti On lfii Jhjfl 5 Map which. are described as Parking Spaces in a Supplemental Declaration. The term "l'arliing Spaee" · llhftll llll!i)~.~t-~:~ deSer:ibed as melt ma Detj~tieft 6f Amtt:Jffttien:er a SttPl'lemeittal: D¢litfatie~6f';~atieft; .--- --.. ¥! -"'' { ... -·~~ ,, '~· -' -. B!f' l.15 PARTY FENCE: The term "Party Fence" shall mean any fence or wall originally collStfllcted and placed 1111 t11c> Ct>l-~ 9f t11<1;f.!r<it ~~~ .... tq pbpab ~-ot ji!rrtloo• or AAO 01 Lot frOm all Pr portlom il[ilnotbijt 14< LITTLE & SAPUTO ~TTONNt.'rS At LAW 901 Ol,, YMYIC DOUU!V ... llP, llllO W AU'fllT CRl!fiK, CA 'l4.S96·:'UIZ4 \l:illl 944~5000 4 06/10/98 ··-· 'l-:t9 2...1.(i PRIVATE OPEN SPACE: The term "Private Open Space• shall mean eae!!: tl!Jr!li>n ~ llll!ill portions shown ai "Private Open snace" lil!'¢scll µr~·r~J-(i) Lots I through 12, iru;lusive, ~ 5hown on the Unit I Map, (ii) Lois 1 t!trouah 7. hiclu@Yi:: 1m111·~ ;!ts; inj:!j!sjR. and Lot 20.sbown mi the Unit 2 MlQL <IID Lots 1 tliroogh 6. lnclustU. I;ot7iJ4ltsl5'#ft·J§i~ U l!i,QI ~· tom ~'tll'(®d'ff; lfji:IUijY~. I..ots 40 and 41. i,,ots 43 and 44, M!ts 4§ tlu"OOgh SJ; !~e;'j\ji! ld!$'1i1SbiiitQ on t™ 1J!iit 3 Mq; l!yl Lot l and Lois 3 through 8, inclusive, shown on the Unit 4 Map and~ Lots JO through 29, inclusive, M shown on !he Unit 5 Map u,MPl'i\':llte _Opell; Sp~: ,!lftl;l,:~!IJ~jiJ:~. The term "Private Open Space" ll!!!l!t\I!:!.~ mean liAell pertlo1( of a Eot IOCJndi:is ill!!J.irll.iiji'fiii!jij~fl\il:lijPIJftb~'!lifl:il described as ~;jft',~ ~ of A!mextllion. Priyate Qpm SJmce· ~ .2.18 RESIDENCE: The term "Residence" shall melUl a dwelling situated on a Lot, including any garage also situated on Ii dll!t Lot. ~ z..12 $UPPI.EMENTAL DECLARATION: Tue term "Supplemental Declaration" shall mean a Declaration of Covenants, Conditions and Restrictiom1 recorded in addition to and after !his Declaration which encumbers lhe title of some, but not all, of the LOOI in the Project. ARTICLE III OWNERSHIP AND EASEMENTS 3 .1 OWNERSHIP OF LOTS: Title to eadl Lot in the Project shall be conveyed in fee to an Owner. If more than one person and/or entity owns an undivided interest in !he same Lot, such persons and/or entities shall constitute one OWner, Each Lot shall be subject to the eosements described in Sectiun 3.3, below. 3. 2 QWNERSHIP OF PARTY FENgS: F.ach OWner of a Lot upon which a Pany Fence is situaU:d shall own that porlion of tile fence from the surface which faces the Owner's Loi up to !he center of the Party Fence. 3. 3 EASEMENTS: Each of !he easements reserved or granted herein shall be deemed to be established upon the recordation of !his Declaration, whether or not Ibey are set for1h in the gtant deeds to Lots, and shall · thenceforth be deemed to be covenants running witll the laed fur the use and benefit of the Owners and their Lots superior to all olher encumbrances applied against or in fav.u of any portion of !he Project. 3.3 .1 EASEMENTS ON MAP: The Lots are subject to !he easements and rights of wa'} shown on !he Map. 3 .3 .2 B:mRM DRAINs: (a) Gtmemllv: There are reserved and granted for the benefu of each Lot, over, under, aero .. and through the Project, except for portions of the Project on which a sttucture is situated, non-exclusive easements for surface and subsurface stonn drains and the flow of stonn waters in accordance whh natnral drainage patterns and the drainage patterns and Improvements installed or constructed by Declaralll. Ll1TLE & SAPUTO AITORN~Y.tATUW l'ilOJ OLYMJ'fC 80lJl.t:VAltO, 1100 WALNUT cit.EEK, CA 94596-.'5014 {'l-1$) 9'44-.SDOO 06/10/98 ! ( (b) Overlan<! Re!el!Ses: Each Lot which contains an area designated as •o.R.E." as shown on a Map is subject to an Overland Release Easement. Each Overland Release Easement is a non.exclusive easement in favor of all ocher Lots and the public streets and is for the purposes of accepting the surface flow of storm waters and conveying lhe storm waters to adjoining open space. Cobbles will have been installed in the easement areas as part of !he Overland Release Easement. The Owners of each of Lot subject to an Overland Release Easement shall maintain the cobbles and the Overland Release Easemem so that the storm waters may flow as intended across the Overland Release Easement to the adjoining public open space. The Owners of such Lots may not install any ·Improvement wilh!n !he Overland Release Easement which impedes or blocks the surface flow of storm waters. Improyemenfl @it the Smfent Tm.,...wtf!it'Uij"4Q!WiI&fli~l?mmw~n iji1if'PJq@illfi:mttliQ'f<it the •• for whfc}I they me fnti!n!kl1 l!jijtllf'~!aii'lf'~-·-·':'iAll'""iitlt' lijljll'#fii~lffgj!fojiid n:p!acenjem shal(l!e at the d m.t o(tbeQji!lffQl'~'.[~!it~Mf<if'•O'iftUM ftikitb"~ I,ot lllltl! the St!lriJl Pm!mip Fi''f"ii:!it:.' sbown on the UoJt 3 Map:Jm 2 pnil3 ilif{'~fiil'Alif!flijlfl'MQ• and Lots 30 and 31 as shown on the Unit S Map. The provisions of this Section shall be Individually applied to each pair of Lots. Bach Driveway Easement Area is shown on the Unit 3 Map as "29' F.l:Jli;Ji!i'!':i!lji'tlll'tbjfJ;l;ti!t ~Map as •20• l.E.E. •. The Owner of each Lot shall have a non-exclwilve easement appuneoant to his or her respective Lot over the adjoining Driwway Easement Area for purposes of (i) using, main1alning. repairing and replacing utilities, including without.limitation, sewer, water and stonn drainage, (ii) ingress to and egress from the Owner's Lot and (iii) maintaining, repairing and replacing the driveway surface. The Owners of the Lots shall cootnl>U!A: equally to the costs of repairing and maintaining the driveway constructed on the Driveway Easement Area in a good, safe and usable condition, in good repair, and in compliance with all applicable state, county and local ordlnanc.... The Owner of each Lot shall be responsible for maimaining, repairing and replacing utilities which serve the Owner's Lot at the OWner's sole cost and expense. Notwithstanding the preceding sentence, any repair or maintenance work which is required as a result of the willful or negligent act of auy such Owner, or the Owner's family, contract purchasers, · lessees, or tenanlS, or their licensees, guests, or invilees shall be the responsibility of the Owner to whom the willful or negligent act is attributed. The Ownerl! covewmt and agree that no maintenance or repair work shall be done, or caused to be done, in or upon the Driveway Easement Area without first obtaining the consent of the olher Ownec, which consenl shall not be unreasonably withheld. If a dispule should arise between the Lot Owners with respect 10 the necessity for or standard of maintenance of the driveway, the contractors to be engaged to perform any repair or maintenance work, or any ocher matters pertaining to the use or maintenance of the Driveway Easement Areas, the dispu!A: shall be resolved in accordance with Section 845 of the California Civil Code. 3. 3. 4 PARTY FEN~: Each O'NDCr of a Loi cont•ining a Party Fence and the Lal upon which sucb Party Fence is located shall have a reciprocal non-exclllllkle easemenl over and across such portions of the contiguons Lot as is necessary to maintain such fence. LITTLE & SAPUTO AmJll.NffYIATUW L!Wt OLYMPIC DOtltEVAMt>, 1100 WALNUT CREEiC, CA !MS%•:S024 ('925) 944~:SOOO 6 06/10198 3 .3 .5 MAILBOXES: Each Owner whose mailbox is localed on a Lot other than that Owner's Lot shall have a non-exclusive easement for the use, maintenance, repair and replacement of the mailbox over those jl{lrtions of the Lot on which the mailbox is loca1ed. 3.3.6 UTILITIES: Each Owner shall have a non-exclusive right and easement over, under, across and through the Project (excluding those portions occupied by Residences) for utility lines, pipes, wires and conduits installed by Declarant. 3 .3. 7 AacH!TECTURA!. DEsJGN COMMrITEE: The Architectural Design Committee and its duly audtorized agents and representatives shall have a non-exclusive right and easement as is necessary to perform its duties and obligations set forth in this Declaration, including the right to enter upon Lots, subject to the limitations contained in this Declaration. 3 .3 .8 ADDITTONAL EASEMENTII: Notwitbslanding anything expressed or implied to the COD!raiy, this Declaration shall be subject to all easemeots gµmred by Declarant for the installation and maintenance of utilities and drainage facilities necessary for dte development of the Project. · ARTICLE IV USES AND RESTRICTIONS 4 .1 ALTERATIONS: Except as otherwise specifically pi:ovided in !bis Declaration, no Alteration may be made to any Improvement until plans have been submitted and approved by the Architectural Design Committee. Approval by the Architectural Design Committee does not relieve any Owner from complying with all federal. state and local laws and ordinances applicable to the Alteration. Each Owner is respoosible for obtaining any permits required by fedeial, state and local law or ordinance in addition to obtaining approval of the Architectural Design Committee. 4.2 ANTENNAS AND SATEJJ.ITE DISHFS: No outside television anlemla, microwave or satellite dish, aerial, or other such device (collectively "Video Antemlaa") with a diameter or diagonal measurement in eJ<CCSs of one (1) meter ·shall be erected, consll'llcted or placed on any Lot. Video antennas with a diameter or diagonal 1neas1m:ment of one (1) meter or less may be installed only if they confonn to the ArchllllCIUrlll Standards and, if lhen required by the Architectural Slandards, any necessary approval is obtained in accordance with the provisions of Article VIl. Reasonable restrictions which do llOI significantly increase the cost Of the Video Antenna system or significantly decrease its efficiency or perfonrumce may be imposed. · 4.3 CALIFORNIA RED-I.EGQEDFR.OG: An infonnational brochure on !he California Red-Legged Frog is attached aa E:itbtoil "B • to this Declaration. The brochure el<Plalns the imponance of protecling the frog and its habitat. Owners shall not inlerfere with mitigation measures Ulldertaken during the development Of the Project to protect the frog and its habitat. 4.4 COUNTY PARK LANDS: The park lands adjacen1 to the Project are owned by the Couruy and are passive in nature. The parklands con1ain habitalll Of various species of wildlife, such as the red·legged frog. Habilalll are easily damaged by human activity, and Owners should be sensitive to the habitat &.reall, particularly the creek. By acceptance of a deed to a Lot in this Project. each Owner covemmts and agrees not to (i) ask the CotmlY to change LlTTLE & SAPl/TO A1TIJRNEY$ AT LAW }\IUI 01.\'Mt'IC ROUl..BVARD, tiOO WA.tNUT CRE&. CA f4:S96--'tr24 ('12'1 "'44-:SOOO 7 06110/98 ! ( \ plants or facilities on t.he parklands to conform to aesthetics !IOI consisten• with the Permanente Creek riparian character, or (ii) dump anything in any drainage corridor which leads to Permanente Creek. The buffer zone and fencing in the Private Open Spaces shall be ma.in1ained by the Owners and IlOl by the County. This Declaration may not be amended ro impose any obligation on Cowtty because of the development of rhe Project. Coumy shall not be obligated to provide increased parking on existing or furure park land as a result of any additional demands for parking "''sociated with the development of the Project. 4.5 DRAINAGE: No Owner shall alter rhe drainage pattemS initially installed and constructed by Declarant and as established by the grading and natural course of sueface and subsurface water run-<ltf without the prior approval of the Architectural Design Commiaee and any and all necessary governmental approvals and permitS. This Declaration provides notice ro each Owner to devote great care and attention to grading and to establish or maintain positive drainage away from the entire foundation line of the Owner's Residence. Positive drainage is achieved by shaping Lot grades, establishing drainage "swales" or installing underground area drains. The swales and drains provide a receptacle and conduit to drain water away from the foundation, and rhe rear, side and front of the Residence to offsite drainage disposal. Swales also prevem drainage water from lllOVing across a Lot to another Lot or other property. This Declaration also provides notice to each Owner th.at if existing drainage swales established on your Lot and around your residence are interrupted, blocked, filled, or othe.rwise altered serious dam.age can result. Drainage must not be allowed to pond in a yard or run against or under a Residence, foundation, garage floor, driveway or other itnprovements. Serious damage may result even during a short period of time. If a Residence COllBtrUCted by Declar.un bas a roof guaer system and downspouts which are directly connected to the Project's storm drainage system, the Residence shall at all times remain so connected ro the Project storm drainage system; the Owner of such a Residence may not perform any Alteralion to the Residence which results in additional roof waters draining anywhere other than directly inro the Project's storm drainage system. 4. 6 FENCES AND GATES: No gates are permitted in fences which separate a Lot or portions of a Lot from publlc open space. No solid fencing is allowed ro create a boundary between the developed portion of a Lot and its Private Open Spa<:e. Open fencing lllllSt be painted with dark, flat paint. 4. 7 INVITEES: Each Owner shall be responsible for compliance with rhe provisions of lhls Declaration by the Owner's Invitees. 4. 8 1.INEAB PARKS: Linear Pacb, which are included within I..om and not within the public right-of-way, are subject to a public access easement which is hereby dedicated to the Cil)f. The Owner of the Lot. is solely responsible for maintaining all landscaping, including street trees, and for maintainiag, repairing and replacing, as appropriate, the sidewalk within the Linear Park lccated on the Owner's Lot, all in accordance with the street !tee plan approved by the Cil)f in connection with its approval of the Project. If any Owner fails to maintain the landscaping or sidewalk on the Owner's Lal in a IDlllJller consistent with the street tree plan, any other Owner may mainlain it and shall be reimbursed from the other Owner for the costs of maintenance. The enforcement of these landscaping requiremelllli and the collection of any reimbursemenl thereunder shall not be the responsibility of the Cil)f. 4. 9 MAILBOXES: Unless installed by Decl81a!lt or approved by 1he Architectural Design Committee, there shall be no exteriOr newspaper tubes or freestanding mailboxes placed on any Lot. 4.10 MINERAL EXPLORATION: No Lal shall be used to explore for or to remove any water, oil, hydrocarbons or !llinerals of any kind. LITTLE &: SAPUTO A1T01tN£1$ AT UW 1901 OLYMPIC UOULl!VA.RO. 1100 W1'1.N\JT (:RfiEK. CA \14.596-$01• 11121) 9«~.sooo 8 06/10/98 - 4.11 NUISANCES: No nox.ious or offensive activiry shall be carried on upon any Lot, nor sillll! anything he done thereon which may be or may hecome an annoyance or nuisance to rhe: neighborhood. 4.12 OUTDOOR LIGHTING: All ourdoor lighting shall be shielded to prevenc looking directly into a light source. Low intensity up lighting and down ligluing shall be used for all outdoor lights. Fixtures shalt be located to minimize glare on adjacent Lots and streets. 4.13 PARKING: Vehicles shall not be parked anywhere in !he Project except in compliance wiih the provisions of this Section 4. 12. All Permitted Parking Areas shall be used solely for the p"l"ldng and storage of motor vehicles used for personal transportation. No boat, trailer, camper, golf can, commercial vehicle, mobile home, other recreational vehicle or any dilapidated or inoperable vehicle shall be parked or stored in any Permitted Parking Area. Garnge doors shall remain closed, except when the garage is in use. Garages shall be kept sufficiently clear sc as to permit parking of the number of vehicles for which the garage was designed. As long as applicable ordinances and laws are observed, including the requirements of Section 22658.2 of the California Vehicle Code, any vehicle which is in violation of this Declaration may be removed. Public meets, garages, and driveways are Permitted Parking Areas for all Lots. Driveways are Permitted Parking Areas for Lots which are not subject to a Supplemeotal Declaration. Parking Spaces are Permitted Parkillg Areas for LOOI which are subject to a Supplemellllll Declaration . . 4.14 PRJ.YATEOPEN$PACE: 4.14.l 0NLoTSWHlcHAD.JcuNPl1JlfJCQrm!SPAC£: Thim: !3D'ffeeto(tbii.rrtmte.rumD Space on each ofl&ts7. 11lbrnu&W18, lnC!wjM:'jj!Jd tot :Z!HisiihowB optbe JJnit 2 Maj l!Ddildds7;1£Jfii 24, 25. 33 through 38. !ncluslye. Lots 'fl! tlJrmiek *1Hii¢~ J* 45 thtoogh SJ• lnclU$1D-fir¢' 141m Ofl tire Unit 3 Map ,i.an be malptajnrul'Jiy tbii QWfitr)Wlbii J:4if • a rlrii bteak, The tl!ltl:r '31l)':W qD•Jit1 mea.mre!! ftpm mid be Jl!U'llllel m tlJi:Ji!!t lliWtilii!ff.t"ctiiPnhi m:u.e Llitmid fi>'il.UW cjiJeD iij)ij¢i 'lliUlt~ breal!s must be Ii ®ntlJmll!l!! h@nd. rri:e or-~ !!M felidbft Weetl i!iattjtiW !!hji!f:fii! )!eif@ed bv the Qwner In •accordaru:e with log!! ord!Qli@!li'11D!r p!¢fijtiged by the Ctty or•ftiniWJtil." 4.14.2 ON Al.L LoTs; No str1.ICtlltes fiiK:!nd'Pi but jlof Hmlt@d to bui!d!J!p• JIOOlt &ports rn•g11!. or retaining walW or penned animals are permitted within Private Open Space. Landscaping approved as part of the Project approvals shall be retainJ:d and maiotained by the Owner of the Lot in compliance with the final landscape plan approved by the City. wept for lot>b 11hjeh acljcm Publie. epen Spaee, "" Au Owner may plant additional native trees and plant material ·within the Owner's Private Open "Pll"C SJ.l!!lce. excluding fJte brreJs• d!!!!cnl>ed lq Section 4.14.l. if they are native and drought tolerant and will not ci:eaie a fire hazard or be invasive. Planes and trees which have been approved by the City far use within Private Open Spaces are listed on Emibit •c• attached to this Declaration. All irrigation must be drip or bubbler irrigation. No solid landscaping is allowed to create a boundary between the developed portion of a Lot and its Private Open Space. 4.15 RENTAL OFBESIDENCES: An Owner shall be entitled to rem or lease tile Owner's Residence, if (i) there is a written rental or lease agreement specifying that the tenant shall be subject to all provisions of this Declaration and a failure to comply with any provision of this Declaration shall constitute a default under ·the agreement; (li) the period of the rental or lease is not less d!an thirty (30) days; aod (ill) the Owner gives each tenant a copy of this Declaration. 4. 16 SIGNS: All signs displayed in the Project shall be attractive and compatible with the design of the Project and shall comply with all applicable local ordinances. The only signs of any kind which may be displayed lo the public view on or from any Lot shall be as follows: (i) one (l) sign of reasonable dimensions may be placed on a Lot advertising the Lot for sale or rent; (ii) signs may be displayed by Declarant on Lots owned or controlled by Dcclarant, as Dedarant deems appropriate, :advertising Lots owned by Decl"l"ant for sale or rent: (ill) appropriate signs may be displayed to identify tbe Project; (iv) other signs, posters and notices approved by tile Architectural L!TrL!l & SAPUTO AITfJkNJ:"(,f AT LAW 1901OLYMPIC110\IUVARO. IHIO WAl.J<llrr <REI:!(, Cl\ \14$<J6·5(124 tt>:l5) '}44.:$000 9 06/10/98 ( \ Design Committee or specified in this Declaration may be posted in locations approved by the Architectural Design Committee; and (v) signs required by legal proceedings may be displayed. 4.17 SINGLE STORY AND SPLJT-LEyET, RESIDENCES: Lots l through 5, inclusive, and Lot 12 as shown on the Unit I Map, Lots J, 2. and 20Iii!1!lmm on.fue Unit 2 Map. Lot I. Lots 3 through 8, inclusive, and Lot 34 as shown on the Unit 4 Map and Lots 22 through.29, inclusive, as shown on the Unit 5 Map are limited in height to one (I) story. Lots 6 through 11, inclusive, as shown on the Unit l Map are limited to single story or split level Residences. 4.18 SPORTS EQUIPMENT: No basketball slll!ldard, fixed sports apparatus or similar equipment shall be attached ro the exterior of any Residem:e or erected, constructed or placed on any Lot where visible from adjacent Lots or public streets serving the Project without the prior approY21 of the Architecrural Design Committee. Portable or movable basketball equipment or ocher movable sports apparatus may not remain overnight on any Lot where visible from adjacent Lots or public s11eets serving the Project wilhmtt the prior approval of !he Architectural Design Committee. 4.19 STORAGE OF WASTE MATERIALS: No rubbWI, trash, garbage or other waste material shall be kept or pennitted upon any Lot except in appropriate sanitary containers. No trash containers or receptacles may be placed where visible from the public streets serving the Project except on the night before and day that pick-up is ro occur. 4.20 USE AND OCCUPANCY OFWfS AND RESIDENCES: Each Residence may be used for (i) residential purposes, (ii) uses which cannot be prohibited under federal or state laws and (iii) R-1 uses and condition.al uses. Otherwise, no business of any kind shall be established, maintained, operated, penniUed or constructed in any portion of the Project, except for the business of Declarant in completing !he development and disposition of the Lots in the Project. No Residence shall be permarumtty occupied by any more than IWO (2) persons per bedroom. No Owner may permit or cause anything to be done or kept upon, in or about !he Owner's Lot which might obstruct or interfere with the rlghls of other OWners or which would be noxious, harmful or unreasonably offensive to other Owners. Each OWner shall comply with alJ of the requirements of all governmental authorities, federal, state or loc.al, and all laws, ordinances, rules and regulations applicable to the Owner's Lot and Residence. 4.21 WINDQW COVERINGS: All drapes, window shades or other window coverings installed in the windows of Residence which are visible from the exterior of the Residence shalJ be white, off-white, beige or other neutral color. Any drapes or other window covering installed in compliance with the Architectural SW!dards may remain for the useful life thereof. Wmdow coverings JllllSI be installed on alJ windows visible from the public streets sel'Ving the Project within nim:ty (90) days after OOI1Veyance of title to the Lot by Declarant, unless the Architectural Standards provide otherwise. ARTICLE V IMPRC>VEMENIS 5 .1 MAINTENANCE OF LOTS AND REfilllENcEs: Except as otherwille specifically provided in this Declaration, each Owner shall maintain and care fur the OWner's Lot and alJ Improvements located in the Lot in a manner consi$1ent wlth the standards established by Ibis Declaratlon and other first class residential subdivisions within the vicinity of the Project. Each Owner shall regularly clear all storm drainage inlets and maintain the capacity and !low of all slotm drainage lmprovetnelllS situated on the Owner's Lot at that Owner's sole cost and expense. Special architectural design standards may be established by the Archirecm:ral Design Committee. Each Owner shall maintain, repair and replace the mailbox which serves that OWller's Lot, wherever it is localed. LITTLE &. SAPUTO ATTORNEYS >'CT UW 190! flt VMPIC BOULEVAR.0, 1100 WALNU1' f:kmnc:. CA 94$96-$024 {92S) 1144~.5000 IO 06110/98 5 .2 ALTERATIQNSTORF.sfDENCES ANDOTIIER IMPROVEMENTS: Alterations may be made to the interior of an Owner's Residence, if the Alterations do oot impair the structural integrity of the Residence and if the Owner c6mplies with all laws and ordinances regarding alterations and remodeling. No Alterations shall be made to Lots or to the exteriors of Residences without the prior approval of the Architectural Design Committee. 5. 3 MAINTENANCE AND REPAIR OF PABTY FENCES: The Owners of a Party Fence shall be responsible for maintaining, repairing and replacing it. The costs of such mainteromce, repair and/or replacement shall be shared equally by the Owners; provided, however, that all costs of any maintenance, repair or replacement necessitated by the negligeru or willful action of an Owner sball be borne by that Owner. In the absence of negligent or willful conduct, any necessary maintenance, repair or replacement performed by an Owner shall entitle that Owner to a right of contribution from the other Owners of the Party Fence. The right of contribution shall be appurtenam: to the Lot and shall pass ro the successor(s) in interest of the Owner entitled to contribution. 5.4 LANDSCAPING: 5 .4 .1 INSTALi.ADON OF LANDscAPJNG: Subject ID the requirements imposed by this Declaration on Private Open Space, each Owner shall insrall, plant and complete permanent landscaping within the owner's Lot and within any public right-of-way which ai:!loins the front or side yard of the Owner's Lot in compliance Wi!h !lte following time limitations: (a) Landscaping within the Linear Park, Private Open Space and front yard of a Lot must be installed prior ID the issuance of the certificate of occupancy for the Residence on !lte Lot; and (b) Landscaping within the remaining portions of the Lot must be installed before the date which is six ( 6} months following the later of (i) the conveyance of title to the Lot by Declarant or (ii) the issuance of a certificate of occtipancy for the Residence on the Loi:. 5 .4.2 MAINTENANCE OF LANPSCAPJNG: All landscaping shall be maintained and cared for in a manner consistent with the standards of design and quality aa origiDally established by Declarant and in a first class condition. Specific restrictions on landscaping may be established in the Architectural Standards adopted pursuant lo Section 7.3.4 of this Declaration. Landscaping shall be designed to avoid potential warer impoundments. All landscaping shall be maintained in a neat and orderly condition. Any weeds or diseased or dead lawn, trees, ground cover or shrubbety shall be removed and replaced. All lawn areas shall be neatly mowed and trees and shrubs shall be neatly trimmed. Maintenance shall include pruning, mowing, weeding, cleaning of debris and tr.ISh, fertilizing and regular watering. Any landscapiDg wbiclt is removed or altered JllllSI be immediately replaced with landscaping of like kind and qilallty unless otherwise approved by the Architectw:al Design Committee. 5. 4 .3 · IBRIGATION SysTEM8: Irrigation aystems, if any. shall be l\tlly maintained in sound operating condition with heads periodically cleaned and replaced when missing to ensure comlnued regular watering of landscape areas, and health and vitality of landscape materials. 5.4.4. WATER FEATIJBF{!: Enclosed water features, such as outdoor frnmtains, lagoons, and ponds must be designed to avoid !lte creation of mosquito habitats. 5 .4 .5 PIJBUC RIGH'Jl-OF-WAY: Eacl1 Owner shall a1ro !l!J!imain any landscaping within the public right-of-way whieh adjoins the Owner's Lot to the standards imposed by this Declaration. · 5.4.6 TRIJ:E PROTECTION PIAN: All trees mall be maintained in accordance with the Tree Protection Plan. a copy of which is anached as Exlnl>it •Aw to this Declaration. LITTLE & SAPUTO A1TORN£YS AT LAW 1901 OLYMl'IC ifOUU!VARO, 1100 WALNUT CRJ.!J:::IC., CA 94S96-SQ2;J 11Jl5) ~C·SOOO 11 06110/98 ( ( ' 5.5 INSURANCE: Each Owner is responsible for determining and obtaining !he type and amount of insurance needed to insure all Improvements and personal property located within the Owner's Residence and to 01herwise protect the Owner against losses. Each Owner shall obtain and maintain in full force and effect a policy of insurance which provides protection of the Owner's Residence against loss or damage by fire or other Ca.<Ualty, in an amount equal to at least one hundred percent ( !00 % ) of the current full replacement cost (wichout respect to depreciation) of the Owner's Residences, exclusive of land, foundations, excavation and other items normally excluded from coverage. OWners of anached Residences shall cooperate with each other as may be necessary for each of them to obtain insurance for their Resideoces. Such cooperation llll\)' include, if necessary, pwxhase of insurance from the same insurer or providing the other, upon request, with a certificate of insurance or other proof of insurance. 5.6 DAMAGE OR DESTRUCTION: If all or any portion of a Lot or Residence is damaged by fire or other casualty, the Owner shall either (i) restore the damaged lmprovemenis or (ii) remove all damaged lmprovemenLS, including foundations, and leave the Lot in a clean and safe condition. Any restoration under (i) preceding must be performed so that the Improvements are in substmtially the same condition in which they eJ<isted prior ro the damage, unless otherwise approved by the Arehitectural Design Committee. The Owner must commence such work within one hundred rwenty (120) days after the damage occurs and must complete the work within one (I) year thereafter. ARTICLE YI DEVELOPMENT RIGHTS 6.1 LIMITATIONS OF RESTBICTIQNS: Dec!arattt is uru!ertaklng lite work of developing Lots and olher lmprovemems within the Project. The completion of the development work and the marketing and sale, rental and other disposition of the Lois is essential to the esrahlls!rment and'welfare of the Project as a residential community. In order that the work may be complered and !Ile Project be establishCd as a fully occupied residenti.al community as rapidly as possible, nothlng in !his Declaration shall be ~eted to deny Declarant the rights set for1h in this Article. 6.2 RIGHTS OF ACCESS AND COMPI.ETION OF CONSTRUCTION: Declarant and its contractors and subcontractors, and, to the e;uent approved by Declarant, Custom Builders shall bave the rigbt to (i) obtain reasonable access over and across the Project arul/or do within any Lot owned or controlled by it whatever is reasonably necessary or advisable in connection with the completion of the Project, and (ii) erect, consuuct and mainiain within ai:iy Lot owned or controlled by it such stroctures as may be reasonably necessary for the conduct of its business to complete !he work, establish the Project as a residential community and dispose of the Project in parcels by sale, lease or otherwise. 6.3 SIZE AND APPEARANCE OF PRQJECT: Declaran! shall not be prevented from chaoging the exterior appearance of any improvements, landscaping or any olher matter directly or indirectly coonccted with the Project in any manner deemed desirable by Declarant, if Declarant obtains any governmelllal consents required by law and any other consents required under agreements which bind Declarant. 6.4 MARKETING: Declarant shall have tbe right to: (i) lllllintain model homes, signs, banners, Hags, inflatable balloorui, sales offices, leasing offices, rental offices, storage areas, parking lots and relaU:d facilities in any Lots owned or controlled by Declaraot within the Project as are necessazy or reasonable, in the opinion of Decfarant, for the sale or disposition of the Lots; (ii) use Lolli owned or c:onttolled by Declaram in accordance with any promodonal programs establi.slred from time to time by Declaranl; and (iii) conduct its business of dlspo•ing of Lots by sale, lease or otherwise, To the extent approved by Declamll, Custom Builders shall have the right to: (i) maintain a model home(<). (ii) maintain a sales office within a model home, (iii) display signs on the model home Ult, and (iv) conduct its business of disposing of Lots by sale, lease or otherwise. LlTTL!l & SAPUTO ATTORNJ:.'YSA.1'UW 1901 01.YMl'tC BOUU!VA'RI), 1100 WAJ.N.HT C'Rl!:EK, CA ~S9(t...50l4 {92.'i} 944-.:SOCIO 12 06/10/98 ARTICLE VII ARCHITECTURAL AND LANDSCAPING CONTROL DURING DEVELOPMENT 7. 1 ARCHITECTURAL APPROVAL: 7 .1.1 REQUJRED: Except as odterwise provided in this Declaration, proposals for Alterations, including those by Custom Builders, shall be subject to the provisions of this Article and may not be made until approved in accordance with the provisions of this Article. The provisions of this Declaration requiring architectural approvals shall not apply IO the original construction of any Improvements on a Lot by Declarant, its agents, contractors or employees. Architectural and site approval for all house plans not previously approved by the City is required. In order 10 perfonn a proposed Alteration, it rnay also be necessary for an Owner to obtaln additional approvals and/or permits from the City. Approval by the Architectut:al Design Committee pursuant to this Article does not relieve an Owner from obtaining all other approvals and permits required by law or ordinance, 7 .1. 2 TERMINATED: When the Architectural Design Committee determines, pursuant to Secdon 7. 9, that the Improvements on all Lots in the Project ~Yi'.~ were CODlltructed in compliance with this Declaration, the provisions of !his Anicle Vll and Section 4.1 of the Declaration shall tenninate aod shall be of no further force or effect and all members of the Committee appointed by Declaranl who have not yet resigned will automatically be deemed to have resigned. 7.2 ARCWTECTURAL DESIGN COMMflTEE: The Architectural Design Committee shall be composed of two (2) persons appointed by Declarant. Declarant may appoiiu replacements for the members appointed by Declarant until Declarant no longer owns any Lot in the Project er 1111) P"'licslt· l>f .. lfte ,Ai!!i•ic n I Pl"!'ert,.. Each member of !he Architecwral Design Commiuee shall serve until {I) replaced, (u) a written resignation is submitted to the relllllining members or (iii) the provisions of this Article VU terminate "" provided in Section 7 .1.2, above. Members not appointed by Declarant may be removed by a vote of Owners of a majority of the Loll!. Sieve Zales and Susie Frimel are hereby appointed and designaled by Declarant as its initial members of che Architectural Design Committee. The initial address of the Architectural Design Committee is Oak Valley Architectural Committee, c/o The O'Brien Group, 2001 Winward Way, Suite 200, San Mateo, CA 94404-2473. The Architecrural Design Committee shall not be an "association•, as that term is defined in Section 135l(a) of the California Civil Code. 7. 3 POWERS OF THE ARCHITECTURAL 'QEsIGN COMMITrEE: The Architeerural Design Committee shall have the followiog powers: 7 .3.1 REYJEW PLANS: To review and approve, disapprove or conditionally approve all plans, submittals, applications and requests made or tendered to it by Owners, or their agents, pursuant lo the provisions of this Declaration. In connection therewith, !he Atchltectural Design Committee may investigate and consider the architecture, design, layout, landscaping, fence detail, aod other featutes of the proposed improvement: 7.3 .2 . A.Don Rn .F.!i~ To adopt rules and regula!lons for the transaction of business, scheduling of meetings, conduct of mee.tings and related matteni; 7.3.3 SPEGIFY MATERJAl.S: To require the submission of site plans, diagrams, pholographs, materials or olher presentalioo material as may be necessary for complete review and consideration of the proposed development. All such plans and specifications shall be snbmjttrA in writing in duplicate and each shall be signed by the Owner of the Lot or an authorized agent; LITTLE &. SAPUTO .AmUU./EYSJf'f'lAW !9'11 OLYMPIC.: DOUl.EVARO, IHlO W-'LNUT CRfiBK, CA 9.CJ%·3'D2.t !'ill.SI Y.t4.SOOO 13 06110/98 7 .3 .4 ADOPT ARCHITECTURAi, STANQARDS: To adopt architectural rules, regulations and guidelines ("Architectural Standards") which are coosistent with the purpose and Intent of this Declaration and the design of the Project to be used in malting the Committee's determination to approve, disapprove or conditionally approve any matter submitted to it for decision. The Architectmal Standards may inteipret and implement !he provisions of 1his Deelaration by setting fonh the standards and procedures for architectural review and guidelines for architectural design, placement of buildings, color schemes, e:<terior finishes and materials and similar features which may be used in the Project; 7.3.5 ~: To adopt a schedule of reasonable fees for processing submittals and ID establish the time and manner in which such fees shall be paid. 7.4 DUTIES OF ARCHITECTURAi, DBSJGN COMM!TfEE: The Archite<:tural Design Committee shall: 7.4. l TIME LIMITATION: Render a decision on each matter submitted to it, in writing, wilhin thirty (30) days of receipt of all dala required by its rules and regulations. Failure to render a decision within said period of time shall be deemed ID be an approval of the matter as submitted. Thi: approved plans and specificatiilns, if any, shall be signed in duplicate by a fully aulborized member or employee of the Architectural Design Committee and shall be incorporated in the decision by reference. Oue copy shall be relained by the Atchitectmal Design C0mmittee and one copy shall be returned to the OWner or applicam; and 7. 4. 2 PuBLISH RIII.FS: Publish and mm available to Owners and prospective owners all of it8 rules, regulations and criteria from time to time adopted, if any. 7.4.3 AProINTMENT AND DEsJGNATJQN: 'The Arehi!llCtural Design Comminee may. from time to time, by a majority vote of the members thereof, delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qualified persons who shall have full authority to act on behalf of the Architectu.ral Design Committee in all matters delegated. 7 .5 CONDITIONS PRECEDENT TO APPROVAL: As conditions precedent to approval of any matter submitted IO it, the Architectural Design Committee must be able to find lhlll: 7.5.1 BEST fNn:Rm OF OWNERs: The approval of the plan will be in the best interests of the Owners; 7 .5 .2 ARCHITECJ'URAL REvmw: General architectural consideralions, including the character. scale, and quality of the design, the arch.ltec:tural relationship with the sill> and other buildings, building materials, colors, screening of exterior appurtenances, eXterior ligbdng and sbnilar elements have been incorporated ill order to ensure the compatibility of the proposed improvemc:nt with its design concept and the character of adjacent buildings; 7. 5. 3 SITE REV!EW: General site considerations including slle layout, open space and topography, oriemation and loeations of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, and similar elemetlls have been designed IO provide a desirable environment; and 7 ,5 .4 LANDSCAPE REyiEW: General Jatl(fscape consideration, including the location, type, size, color, te:<ture and coverage of plant materials, provision for irrigation, majnienancc and protection of land<lcaped areas and similar elements have been considered to ensure visual relief, to complement buildings and structures, and to provide an attractive envirnnment for the enjayment of the Owners in general and the enllancement of ptoperty values in the Project generally. LITTLE & SAPUTO A170RNtiYYAT LAW 191.ll (ti. VMl'IC llOULJlVAl\D, 110!.) WALNUTC"RF..P:, CA 94,rµs.Jou ('il$) '4'4-$000 14 06/10/98 If the Archite~tural Design Committee makes a negative fmding on one or more of the items set forth in this Section, il shall disapprove such matter, or condition its approval so as to allow such fmdings to be made. 7. 6 FQRMOF APPROVALS AND DENIAL$: All approvals and denials shall be in writing. Any denial of a proposal must state the reasons for tbe decision to be valid. Any proposal which has not been rejected in writing within rhirty (30) days from the date of submission shall be deemed approved. The date of submission shall be the date the submission is actually received by a member of the .Architectural Design Commiltee. Approvals must be unanimous; a 1-1 vote shall mean the submission is denied. 7. 7 PR~DING Wim WORK: Upon approval of the Architectural Design Conunittee, the Owner shall diligently proceed with the commencement and completion of aU work so approved. Work must be commenced within six (6) months from the date of the approval. If the Owner fails to CO!nply with the prov!siom of this Section, the approval given shall be deemed revoked unless the Architectural Design Comminee extends the time for commencement. Any request for an extension shall be in writing. No extension shall be granted unless the Architectural Design Committee fmds that there bas been no change in the circumstances wider which the original approval was granted. 7 .8 FAilJJRE TO COMPJ.ETE WORK: Complelion of the work appro\fed must occur in tbe twelve (12) moolh period following the commencement of !he work unless !he Architectural Design Committee determines tliat completion is impossible or wou.ld result in great hardship to !he Owner due to strikes, fires, national emergencies, natural calamities or otller supervening l'orces beyond !he control of the Owner or !he Owner's agents. If the Owner fails to complete !be work within the specified period, the Architectural Design Committee shall proceed in accordance wilh the provisions of Section 7 .9, below. 7 .9 DETERMINATION OF CQMPJ.IANCE; A1X'j work performed, whether or not the Owner obtained proper approvals, shall be inspected and a determination of compliance shall be made as follows: 7 .9. l NoTICE OF COMPLETION: Upon the completion of any work performed by an Owner for which approval was required, !he Owner shall give written notice of completion to !he Architectural Design Committee. If the Owner fails to give the notice of completion of work performed for which approval was required, the Architectural Design Committee may proceed upon its own motion. 7 .9.2 lNS?ErnQN: Within sixty (60) days after the Committee's receipt of the Owner's notice of completion, or, if the Owner fails to give a written notice of completion to the Committee within the completion period specified Ui Seclion 7 .8, above, a designee of the Architectural Design Committee shall inspect the work performed and determine whether it was performed and completed in substantial compliaoce with the approval granted. If the Architectural Design Committee finds !bat the work was not performed or completed in subswitial · compliance with the approval granted or if the Arcbitectlmll Design Committee finds that the approval required was not obtained, !he Architectural Design Committee shall notify the OWner in writing of the non-rompliance. The nolice shall specify the particulars of non-compliance and shall require the Owner to remedy the non-compliance. 7 .10 FAILURE TO REMEDY THE NON-COMPLIANCE: If the Owner fails to remedy the non-compliance in: accordance with the provisions of !he notice of non-romptiance, !hen after the expiralion of thiny (30) days from the date of sucll notification, !he Architectural Design Committee shall have !he right to proceed in accordance with Section 8.2. 7 .11 WAIYER: Approval of any plans, drawings or specificatidns fur any work proposed, or for any other matter requiring approval shall not be deemed to consti!.ute a waiver of any right to deny approval of any similar plan, drawing, specification or matter subsequently submitted for approval. L !TTLE & SAPUTO A TJVRNEYS AT LAW 19<'11 01.YM'VtC bOUU:VARP, ltOO WA!.N!J'f ('IU!liK. C"'-A 94$96-5024 ('>2:1} 1><14-5000 lS 06110198 ( 7. 12 ARBITRATION: If an Owner seeking the approwl of the Architectural Design Committee with respect to a matter affecting that Owner's Lot disputes the decision of the Architectural Design CommiUee in c"nnection with such decision, the dispute resolved in accordance with the procedures sec forth in Section 8.2. 7. l 3 NO LIABILITY: Neither Declarant, the Architecrural Design Committee noc the members or designated representatives thereof shall be liable for damages to anyone submitting plans or specifications to them for approval, or to any Owner of property affected by this Declaration by reason of mistake in judgment, negligence, or Jionfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any sucb plans or spedfications, or for any defect whether in design or coIISl!Uction in any structure constrncted from such plans and specifications. Neither the Declarant, the Architec!Ural Design Committee nor any member thereof shall be responsible for reviewing or approving any plans with respect to the adequacy of engineering design. Every person who submi111 plans or specifications to the Arcbitecnn'al Design Committee for approval agrees, by submission of such plans and specifications, and every Owner of any of said property agrees that he or she will not bring any action, suit or claim against Declarant, the AI!:hirecrural Design Committee or any of the members or designated representatives thereof with respect to any matters for which such persons or entities are relieved of liability pursuant to this Section. 7 .14 EVIDENCE OF APPROVAL OR DISAPPBOYAI,: After a determination of compliance is made pursuant to Section 7.9, the Architectural Design Committee may issue a written Notice of Architectural Determination. The Notice of Arcltitecrural Determination shall be executed by any two (2) members of the Architecrural Design Committee and shall certify that as of the date of the Notice, either (i) the work completed complies with the provisiom of this Declaration and the approval(s) issued by the Architectural Design Committee ('Notice of Approval") or (ii) the work completed does not comply with the provisions of this Declaration or the approval(s) issued by the Architecrural Design ColJllllittee ("Notice of Disapproval•). A Notice of Disapproval shall also identify the particulars of the non-compliance. Any successor in interest of the Owner shall be entitled to rely on a Notice of Architectural Determination with respect to the matters set forth. Each Owner shall disclose to the Owner's subsequent purchaser any Notice of Disapproval unless the Owner has a subsequently issued Notice of Approval which covers the same Alteration. The Notice of Arcbitectural Determination shall be conclusive as between the ArchilCCIUral Design Committee, Declarant and all Owners and such persons deriving any Interest. through any of them. Any Owner may malce a written request that the Architectural Design Committee prepare and execttte a Notice of Architectural Detennination and tbe Architectural Design Committee sh.all do so within sixty (60) days of its receipt of the request. ARTICLE VIII AMENDMENT AND ENFORCEMENT 8.1 AMENDMENTS: After the conveyance of the first Lot, this Declaration may be amended by the vote or written consent of tbe Owners of fifty-one percent Gil%) of the Lots, based on one (l) vote for each Lot. Notwithstanding the foregoing, (i) until all of the ~ Pt<W'~ ~!!> ~ le the:l:)r.J~ lln,d, ~8£ .. the Lots in the Project owned by Declarant have been sold, the provisions of this Declaration may not be amended witbottt the written consent of Declarant and (ii) the Collllly shall have the right to approve any amendments to the Declaration proposed by Declirant.. Any amendment shall be effective upon the recordalion in the Official Records of the County of an instrument selling forth the terms of the amendment, duly certified and executed by the Owners of any three (3) Lots. 8.2 ENFORCEMENT: 8.2. l GENERAIJ.Y' The provisions ofrbis Declll!ation shall be equitable servillldei and covenanls running with the land, enforce.able by Declarant, any Owner and/or tlte Architectural Design Committee against any other Owner, tenant or oa;upant of the Project. Except as otherwise provided, the Architectural Design Committee or any Owner(s) shall nave the right, but not the obligation, to enforce any and all of the provisions of this LITTLE & SAPUTO A1TORNKYSATLAW l!liil OLVMf'ICDOt!Lf!:VARD, #100 WAt.Nll1' C'f«E61'<, f'..A 94S96·S0!4 ('/2$) 944-$000 16 06110/98 Declararion, 'including any decision made by I.he Architecrural Design Commiltee upon !he Owners or upon any proper!)' in the Project. 8.2.2 By DECLARANT: Declarant bas the right, but not the obligation, to enforce the provisions of this Declaration, including any decision made by the Architectural Design Committee, in any manner provided by law or in equity, including arbitration, and in any Illallilllr provided in this Declaraiion. The provisions of this Declaration are equilllble servirudes and covenants running with the land, enforceable by Declarant againsr the Archirecrural Design Commillee and/or any Owner tenant or occupant of the Project. Declarant bas no obligation to enforce any provision of this Declaraiion. Declaranr may elect to enforce any provision of this Declaration at any time against any Owner and no such action shall be cansrrued to imply any obligation on the part of Declarant to enforce the same provision against another OWner. 8. 2. 3 LIQUIDATED DAMAGES: Declarant is developing and mad<etiog I.ors and Residences in the Project. The restrictions contained in Articles IV and V of this Declaration exist, among other reasons, for the benefit of Declarant in that they assist in creating and promoting a particular setting, appearance and atmosphere which is critical to the ability of Declarant to sell I.ors and Residences in the Project. Any violation of any such restriction adversely impacts :oeclarant'• abiliiy to sell Lots and Residences In the Project. Declarant and each Owner, by acceptance of a grant deed lo a Lot, expressly agree for themselves, and their respective succasors-in-inlerest and assigns that If an Owner violates any provision of Article IV or Article V of this Declaration by the Owner's action or inaction, the action of the Owner's Invitee(s), or by penni!ting or causing !he Owner's Lot or Resideru:e to be in violation (collectively "Violation"), it would be extremely difficult and impractical to ascemtin the actual damages suffered by Declarant. Therefore, in the event of any Violation of any provision of Article IV or Anicle V of this Declaration. the OWner of the Lot in Violation shall pay lo Declarant the sum of twenty dollars ($20.00) per day for each day that the Violation continues as liquidated and agreed upon damages. As a condition precedent to collecting liquidated damages, Declar:mt must first give written notice of the Violation to the Owner. 'Th<i notice must specify the nature of the Violation and the action needed to correct the Violation. 1be ootice must be ei°* personally delivered to the Owner or addressed to the Owner and sent by first class mail, postage prepaid, to the ad4ress which awears on the County Assessor's Rolls for the Lot for property tax purposes, return receipt requested. From the time of receipt of the notice, the Owner shall have forty-eight (48) hours to correct the Violation unless the Violation is of Section 4.1 in which case the OWner shall have ninety.six (96) hom:s to correct the Viola.lion. If the Violation ia not corrected by the specified time, liquidated damages shall accrue al the rate of Twenty Dollars ($20.00) per day from the date of receipt of the notice. Declarnm bas the right, but not the obligation, to enforce payment of liquidated damages in any manner perml!ted by law or in equity, including an action in small claims court. 8.2.4 MANDATORY. BINDING ARBITRATION: Any disputes, claims, issues or controversies between Owners, between Owners and Declaraot, or between Custom Builders and Declarant regarding any matteni that arise out of or are in any way related to any provision of this Declara!liln, whelher contractual or ton, including, but not limited to; the purchase, sale, condition, design, coostruetion or mlllerial used in construction of the Lot or the Purchase and Sale Agreement or any related agreement, including, but not limlted to warranties, disclosures, or alleged construction defects (latent or patent}, (collectively "disputes") shall, except as otherwise set forth herein, be resolved through du! procedures established in this Declaration. Should negotiations fail then all such disputes shall be resolved by neutral, binding arbitration and not by any court action exeept as provided for judicial review of arbitration proceedings by California law. Except as otherwise set forth herein, the arbitration proceedings shall be conducted by and in accordance with the rules of Judicial Atbilralion and Mediation Services, Inc. (JAMS/Endispute) or any suecessor thereto or, if none, then by American Arbitration Associalion (or any successor thereto) in which case its commercial Arbitration Rules shall be used, and, except for procedural issues, 1he arbitration proceedings, the ultimate decisions of the arbitrator, and the arbitrator shall be subject to and bound by existing California case and stal:Ulory law including, but not limited to, applicable sta!UICS of limitation sw:h as California Civil Code of Procedure Sections 337. 337. IS(a), 338(d), 340, and 340(3). Nothing herein sball toU, extend, shorten or otherwise effect any applicable statute of lhnitation. LITTLE&. SAPUTO Jf1T<JNN£Y.~A1'UW !<A)j OLYMl'IC llOULLtyARO, 1100 WA.l.NllT Cl<U!EK. CA 9•596~1:024 {<J'.!$} 944-!IQOO 17 06/10198 a. GOOD FAITH NEGOTIATION: Before any dispute may he referred to binding arbitration, the parties shall first attempt, in good f3ith. to resolve the dispute infurmally by negotiation. Either party may initiate negotiations by writiog a letter to the other party describing the nature of the dispute and any proposals to resolve the dispute. The leUer shall be sent by certified mail and shaU be deemed received three (3} days after its deposit in the U. S. Mail. The recipient shall respond, within ten (10) days of receipt of !he letter, either with a letter that addresses the dispute and its proposed resolution or by requesting a meeting of the panies. Tiie meetlng(s) shall be held at a mutually acceptable: location. After at least one excliange of letters or at least one meeting of the parties, should either party honestly believe that the dispute cannot be resolved informally, then that party shall so notify the other either personally at a ~ting or in writing. At this point, either party is free to initiate arbitration as provided herein. Should either party refuse to panicipate in !he negotiations, then upon expiration of the ten (10} days initial response time, the party who sent the initiating letter shall be free to commence arbitrarion proceedings. If the dispute involves an alleged problem with materials, design or cons<ruction of the Loi, then Declarant shall have !he riglll to inspect the alleged problem before any such meeting or any written response is required from Declarant. If Declaram. elects to attempt to cure the alleged problem, Owner agrees to give Declarant access 10 the Lot, during normal working hours, and Declaram agrees to begin its curative work within sixty (60) days after the first meeti,ng between the parties. If the dispute remaiJJS Ullfl!!Olved after the good faith attempt to negotiate has been concluded or if the curative action by Declarant is not llllllertaken as promised or does not resolve the alleged problem, then eilher party is free to initiate arbitration as provided herein. b. SPECIAL PROCEDURAL RUIJ'.S (i} Selection And Tlminll: The matter shall be heard by one arbitrator. Within five (5) business days of reteip1 of a wrinen request from one of the parties to atbitrate a claim, JAMS!Elldispute shall provide a list of five (5) qualified names to both parties. The term "qualified" shall mean a retired judge (or if none are available then an attorney, licensed to practice in California) having at least fifteen (15) years of experience with a strong emphasis on the laws governing real estate matters, especially those dealing with residential real estate development and constrUCtion. Each side will strike one oame (based on re3!J<Jns listed in CCP 1297.121 or for no reason at all) until one is left (which shall be the appainted arbitrator), unless the parties sooner agree. The parties shall have no more than three (3) business days for the striking of each name. The initiating party shall be the first party to strike a name and submit it to the other party. (ii} pjswyei:y: Except as limited herein, each party shall be entitled to discovery lo the extent provided in Section 1283.05 of the Code of Civil Procedure or any successor statute thereto. Each party shall have the right to depose the expen wicnesses of the other party and to conduct one other deposition of its choice without the need to obtain ·an order of the atbitrator. Neither party shall have any other discovery rights except as authorized by the arbitrator for good cause. (iii} Eull Djsc)Qmn:i: Both parties shall. in good fail!), make a full disclosure of all issues and • evidence to the other party prior to the bearing. Any evidence or information that the arbitrator determines is wueasonably withheld shall be inadmissible. The initi•ting party shall be the fm:t to disclose, in writing, to the other party and to the arbitrator an outline of the issues and ill! position on each such issue; a list of all witnesses it intends to call: and copie~ of all written reports and other documentary evidence whether or not written or contributed to by its retained expens (collectively, "outline"). The initiating party shall submit its outline to the other party and the arbitrator within thirty (30) days of the final selection of the atbitrator. The responding party shall submit its written response as directed by the arbitrator. If !he dispute involves alleged construction defects, then the Owner shall be the first party to submit its written outline, list of wimess, and repom/documents aod shall include a detailed description of the nature and scope of the alleged defect(s); its proposal for repair or restoration: any repairs made to date: and an estimate of the cost of repair/restoration together with the calculations used to derive the estimate. (iv) Hearin: The hearing shall be held in the CoUllly where the Project is located or, if JAMS/Endispute does not maintain offices in !hat county then, in the JAMS/Endispute office that is geographically nearest the location of the Project. The hearing shall commence within ninety (90} days of the receipt by the panies LITTLE & SAPUTO .AITORN£'1SA1'L"'W iw1 01.YMYlC UOUL£Vi\ltD, llOO WALNUT CRl!J,;lt, CA 94596--302' {!l1S) 1M1MSO()O 18 06/10/98 of the list of names of proposed arbitrators from JAMSIEndispute unless this date is determined to be infeasible by the arbitrator in which case the arbitrator shall select the next available date for the hearing. The arbitration shall be conducted as infornia!ly as possible. Neither the rules of admissibility of evidence nor me Evidence Code of me State of California shall be applicable except for Evidence Code Sections 1152 et seq. which shall be applicable for the purpose of excluding from evidt:nce offers, compromises, and settlement proposals, unless both parties consent to tlteir admission. The a~bitrator shall be the sole judge of the adi:nissib!lity of and the probative value of all evidence offered. Attorneys are not required and either pany may elect to be represented by someone other than a licensed auomey, Cost of an in1erpreter shall be born by the party requiring lbe services of the interpreter in order to be understood by the arbitrator. Except as set furth herein, the arbitration shall be conducted pursuant to Title 9 of the California Code of Civil Procedure, Section 1280 et seq. (c) DECISION (i) Decisjoo Biudin&: The decl.'!ion of the arbitrator shall be binding on the parties and may be entered as a judgment in any court of the Slate of California that bas jurisdiction and venne. ln no event shall the award of the arbitrator include any component for punitive or exemplary damages. The arbitrator shall cause a complete record of all proceedings IO be prepared similar to those kept in the Superior Court; shall try all issues of both fact and law; and shall issue a written statemelll of decision, such as that described in Code of CMJ Procedure Section 643 (or iis successor) which shall specify the facts and law relied upon in reaching his/her decision within t\"•nty (20) days after the close of testimony. (ii) No Attorneys' Fees PaymentOfCosls: Declarant sball, subject to the provisions for cost sharing set forth herein, advance any fee required by JAMS/Endispute to initiate the arbitration proceedings. Notwithstanding any statute to the contrary, including Code of Civil Procedure Section 645. I, each party shall bear their own cosrs of the hearing, including attorneys• fees, No attorneys fees or costs shall be awarded to either party but each party shall be solely responsible for iis own attorneys' fees and coslS, including, expert wimesses, consultants, repons, and similar costs. The total cost of the arbittation proceedings, including the advanced initiation fees and other fees of JAMS/Endispule and any related costs and fees incurred by JAMS/Endispute (such as experts and consultants retained by it) shall be shared equally by the parties. regardless of the ollll:Ome. (d) JUDICIAL REFERENCE ALTERNATIVE: To the extent that either party may be otherwise entitled lo bring an ac1ion at law pursuant to California Code of Civil Procedure Section 1298. 7, or should a court of competent jurisdiction determine that the dispute resolution set forth herein is void or unenforceable, the entire matter shall proceed as one of judicial reference pursuant lo Code of Civil Procedure Section 638 et seq. The rules of procedure set forth herein shall, unless precluded by law, be the rules of procedure for the reference proceeding. J AMS/Endispute shall bear, try and decide all issues of both fact and law and make any required findings of facrs and, if applicable, conclusions of law and report these along with the judgement to the supervising court within twenty (20) days after the clo5e of testimony. The parties shall cooperate and diligently perform such acts as may be necessary to carry out the purposes of this Section. 8.2.5 VIOLATIQN OF LAW: Any violation of any slllte, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Project is hereby declared to be a violation of this Declaration and is subject to any or all of the enforcement procedures herein sel forth. 8.2.6 REMEmEs CuMJlI.A'Ol'.E: Each remedy provided by this Declaration is cumulative and not exclusive. 8 .2. 7 No WAIVER: The failure to enforce the provisions of any covenant, condition or resttictioo contained in this Declaration shall not constitute a waiver of any right to enforce any such provisions or any other provisions of this Declaration. LITTLE&. SAPUTO A1TORNF.YS4TUW IYl'H QtYM~'IC llOULEVAJtD. llOO WALN!/T Cl'i:EE.tc, CA 94S%.-l0l4 (1;125) Y44-SOOO 19 06110198 ( 9. l PROPERTY WHICH Mi'\Y BE AN.NEKBD. Pff:lil~,ma, be added te the Pt:t;jea ~. ·~ eni} ift 11eeerdanee with the ~imls of.~;•\':tt!~!\11:tdt~.,,.,i!!\.,;,.i!~oo of~ .~tit,?!!# ~m' lftllYJX'. added te the Prej~ ~ ooe er l!161e s~J'hii!i~~ ll!e ~·~ 6fll:ll)' 01\lnei'.~e~thaiil!i11 Oeellll'llftt. Prepef'ty etbef lhlm the ~~ !'!~~~JI~"~ te,~. Pfeljeet Wi'!h Ille een11eiltef the Owners of fitly ooe pereeiit {SJ%) o(!fte!Y!"~~::,~(ift~.(1) ·~~ fOi,' i:aeh ~. 9 .3 Dl'ih?INE~ON AN:D AMBND,M~l'f!. De.~!iftS the right, at its sole ~ ·~. (i). &ftlei!d Ii Deelll1'ftl:ien of ~mexatien ey eiteei:lting and :ree~iilji an ~~t ef the Deelamiim tl'f!<nilClllifteft pl'6'>'ided: that the-ldmettt is eensi!!teilt. widi .. lhili~-; er {ii) reme•1e &ml1 the P.ftijeetM)' prepetl) deseribed in a re~Mded Deelitm!ien ef ~n fer: a Pha"1e ey ~ettting and reeei:dittg a ielieillllion ef the Deelftl'fttiett ef t\llftel!flti6ft, ~ Ieng 1111. llfi Lei u1 ·iim :Pliftl!e. hlls bee11 een·t'eyed te llft OYl!lef~ ARTICL£X MISCELLANEOUS PROVISIONS fil-1:-2.1 TERM OF DECLARATION: This Declaration shall continue for a term of fifty (50) years from its date of recordation. Thereafter, this Declaration shall be automatically extended for successive periods of ten (10) years until a vote of the Owners of at least fifty-one percent (51 %) of the Lots determines that this Declaration shall terminate. -19-:i! 2...2 CONSTRUCTION OF PRQVISIONS: The provisions of this Declaration shall be liberally construed to effect its purpose of creating a uniform plan for the development and operation of the Project. W-:3-2.J BINDING: This Declaration shall be for the benefit of and be binding upon all Owners, their respective heirs, legatees, devisees, executors, administrators, guardians, conservators, successors, purchasers, tenants, encurnbrancers, donees, grantees, mortgagees. lienors and assigns. LITTLE & SAPUTO ArrnRNf:r.i ..tr LAW 9{)1 Ol.YM11lC llOIJt.ltVAilD, IHJ<i WAl.t•Hrr CIU!EK. ('A •US96-S024 !'J1~j 944-lilOU 20 06/10/98 t&.-4 M SEVEKABILITY OF PROVISIONS: The provisions hereof shall be deemed independent and severable, and the invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision hereof. l&.-5 2...5 GENDER. NUMBER AND CAPI1QNS: As used herein, the singular shall include the plural and masculine pronouns shall include feminine pronouns, where appropriate. The title and captions of each paragraph hereof are not a part thereof and shall not affect the construction or interpretation of any part hereof. tG-:6 2.Ji REDISTBIBIITTQN OF DECLARATION: Upon the resale of any Lot by any Owner, the Owni:r shall supply to the buyer of the Lot a copy of this Declaration. t0f1 2:1.. EXJIJRITS: All exhibits attached to this Declaration are incorporated by !his reference as though fully set forth herein. i&.:8 2JI SUCCESSOR STATUTES: Any reference in this Declaration to a statute shall be qeemed a reference to any amended or successor statute. t&.9 2.2 MORTGAGE PROTECTION: _Any Owner may encumber its Lot with a mongage or deed of trust. A breach of any of the conditions contained in this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to any Lot in the Project; provided however that the conditions contained in this Declaration shall be binding upon and effective against any Owner of a Lot if the Lot is acquired by foreclosure, trustee's sale or otherwise. IN WITNESS WHEREOF, the undersigned has executed this Declaration on the __ day of**, 1998. DECLARANT: LITTLE & SAl!UTO A.170RNt.'YS AT LAW 1901 Ol.YMl'IC BOliLEVARD. 1100 WALNHTCJlEF.k, CA 9t!S96·StQ" !'ll.~l 'Y<44~SOOO THE O'BRIEN GROUP, a California corporation Name; ___________ _ Title: ________________ _ 21 06110/98 '·J EXHIBITS A TREE PROTECTION PLAN (Section 5.4.6) B CALIFORNIA RED-LEGGED FROG lNFORMA TIONAL BROCHURE (Section 4.3) C CITY APPROVED PLANTS AND TREES FOR PRIVATE OPEN SPACE(Section4.13) LITTLE & SAPUTO A1T11RNlH'S AT LAW l \!IH UL '(MJ'IC noUI.EVARD. J'lOO WALNUT ('JtJ:fHC, CA ,.,9S-Slll4 {'1l5) 1144·5000 06110{98 When recorded, return to: County of Santa Clara Parks & Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 Recordedwitbout l'ftWlder Semon 6101 Goverrtrnfflt Code or the sure or C311fomla, QUITCLAIM DEED EXHIBIT H Park: Project: APN: Rancho San Antonio Oak Valley -Tract No. 9054 342-5-28 ROMAN CATHOLIC BISHOP OF SAN JOSE, a California corporation sole, (GRANTOR) quitclaims to COUNTY OF SANT A CLARA, a political subdMsion of the State of California, (GRANTEE) all right, title and interest In the water system facilities located on GRANTEE's property known as APN 3432-5-28 as reserved in the Purchase of Real Property dated September 12, 1977, and recorded October 11, 1977, in Book D 197 Page 676 of Official Records of Santa Clara County, located In the Oty of Cupertino, County of Santa Clara, State of California, and as depicted on the attached Exhibit A. ROMAN CATHOLIC BISHOP OF SAN JOSE By Rev. Michael J. Mitchell, Attorney-in-fact ============================================= State of California ) County of Santa Oara ) ss. On 1998, before me, a Notary Public In and for said State, personally appeared Michael J. Mitchell, who proved to me on the basis of satisfaaory evidence to be the person whose name is subscribed to this instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the Instrument. Notary Public QUITCLAIM DEED • EXHllslT A i', :~, I : .ill I ! .. S> ,. f .. i ' I I ~ I • I • N 0 I I -" l iii "' I I I ·~ It i ;t • : i ~ ii! t It • .. .. f' ~ i " 1 0 ii = • Project: APN: I Ill II I I II ! ~ I: i; ~(> 19 .. .. ,.. cho San Antonio Oak Valley -Tract No. 9054 342·5·28 "" ~ .. ;: ;1 -'II ~ I • I I • 10 ~ ,~, ~ ., e II: ® I e .. _ ~ I .. -!" I .. 0 -~ lit ~ R B I ' J I I I I . I DOCUMENT DISTRIBUTION Mfflfg~e~ l!e2mber ll Budget & Anlys 0 CoCounsef 0 Co Execufive 0 Emp.SvcAg 0 EnvResAg 0 FinanceAg 0 Contractor 0 MuniCode 0 Newspaper: o ___ _ o ___ _ o ___ _ 0 GenSvcAg 0 Hosp & Clinics 0 Ads & Airports Pony ~de SvcP.g-(o fbik.a'4-f!4<:._; Mail ~ D 0 0 rJ ~A'S ~V('~~~-Up