19-091 Maintenance Agreement, 21020 Homestead Rd RECORDING REQUESTED BY: 24200774
Regina Alcomendras
Santa Clara Count - Clerk-Recorder
City of Cupertino 06/11/2019 01:08 PM
WHEN RECORDED,MAIL TO: CONFORMED COPY
Copy of document recorded.
Has not been compared with original.
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
MAINTENANCE AGREEMENT
21020 Homestead Road, Cupertino, CA 95014
APN 326-07-020
O Original
QFor Fast Endorsement
RECORDED AT THE REQUEST OF )
And )
WHEN RECORDED RETURN TO: )
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SPACE ABOVE FOR RECORDER'S USE ONLY
MAINTENANCE AGREEMENT
21020 Homestead Road, Cupertino, CA 95014
APN 326-07-020
THIS MAINTENANCE AGREEMENT ("Agreement")is made and entered into this
day of bvoz 2019 by Hedong LLC, a California limited liability company, ("Declarant"),
and the City of Cupertino("City").
RECITALS:
The following recitals are a substantive portion of this Agreement:
A. The real property and improvements that comprise Bank of America is located at 21020
Homestead Road within the City of Cupertino ("City"), County of Santa Clara, State of
California.
B. As set forth , the provisions of this Agreement are intended to and shall run with the
Project and be binding upon all owners, successors and assigns of the Project,or any portion.
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C. The purpose of this Agreement is to allocate the costs of maintenance, repair and I
replacement between Declarant and the City of certain improvements, including landscaping,that
is situated on real property owned by City along Homestead Road and N. Stelling Road in front
of the Project, and to establish certain criteria and procedures for the accomplishment of
maintenance, repair and replacement.
NOW,THEREFORE the parties hereto agree as follows:
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1. Covenants Running with the Land; Property Subject to Agreement: All of the real j
property described in Exhibit "A" shall be subject to this Agreement. It is intended that the
provisions of this Agreement shall run with the land and shall be binding on all parties having or
acquiring any right, title or interest in the real property described in Exhibit "A" or any portion
and shall be for the benefit of each owner of any of the parcels or any portion of the property and
shall inure to the benefit of and be binding upon each successor in interest of the owners. Each
of the limitations, easements, obligations, covenants, conditions, and restrictions contained herein
shall be deemed to be, and shall be construed as equitable servitudes, enforceable by any of the
owners of any of the property subject to this Agreement against any other Owner, tenant or
occupant of the property,or any portion.
2. Responsibility for Cost of Repair, Replacement and Maintenance: Declarant, or its
successor in interest, shall, at its sole cost and expense, maintain, repair, replace, remove and
keep in excellent, like new condition all improvements, irrigation and landscaping located on the
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portion of the City's property that abuts and fronts the Project ("the Frontage Area of the
Project") along 21020 Homestead Road to back of curb line, excepting therefrom the standard
public sidewalk abutting the property line of the Project which shall remain the maintenance
responsibility of the City.
3. Definitions of Repair, Replacement and Maintenance: The repair, replacement and
maintenance to be undertaken and performed under this Agreement shall include all work
necessary to maintain the Frontage Area of the Project described in paragraph 2 in excellent, like
new and useable condition under all weather conditions. The Frontage Area of the Project shall
be maintained to the standards, specifications and condition to which, at a minimum, they were
originally constructed as evidenced by plans and specifications on file with the City of Cupertino
and/or provided to the Declarant. The improvements shall be maintained to a high standard that _
is comparable to other improvements at similar high quality developments in the City and along
Homestead Road and N. Stelling Road. To accomplish the maintenance, Declarant shall either
provide licensed, qualified personnel to perform the maintenance work or contract with licensed,
qualified companies for this, and any other items necessary to comply with the requirements of
this Agreement.
4. Decisions Regarding Performance of this Agreement: All decisions regarding the need
for maintenance,the implementation,the removal, and any particular other matters relating to the
Frontage Area of the Project shall be determined by the City.
5. Indemnity: To the fullest extent allowed by law, Declarant shall indemnify and hold
harmless CITY, its City Council, boards and commissions, officers, officials, agents, employees,
servants, consultants and volunteers (hereinafter, "Indemnitees") from and against any liability,
loss, damage, expense, and cost (including reasonable legal fees and costs of litigation or
arbitration), resulting from injury to or death of any person, damage to property, or liability for
other claims, stop notices, demands, causes of actions and actions, arising out of or in any way
pertaining to, or related to the use and landscape maintenance by Declarant or Declarant's
employees, officers, officials, agents or independent contractors of the Frontage Area of the
Project described in paragraph 2 and delineated on Exhibit `B", or from negligent acts or
omissions or willful misconduct of Declarant, its agents, employees, contractors, or
subcontractors. Declarant shall, at his/her own cost and expense, defend any and all claims,
actions, suits or legal proceedings that may be brought against the City or any of the Indemnitees
(with council acceptable to City) in connection with this Agreement or arising out of Declarant's
performance or nonperformance of his/her duties and obligations hereunder, except to the extent
any of the foregoing is caused by the negligence or willful misconduct of the CITY or the I
CITY'S agents, employees and independent contractors. j
6. Insurance Requirements: Declarant shall not commence work under this Agreement until
it has obtained all insurance required. Declarant shall maintain Worker's Compensation
Insurance, and if applicable shall also require all subcontractors to provide Worker's
Compensation Insurance. Declarant shall maintain Comprehensive General Liability in an
amount of not less than$1,000,000.00
7. Attorney's Fees: In the event that any party institutes legal action or arbitration against
the other to interpret or enforce this Agreement, or to obtain damages for any alleged breach,the
prevailing party in the action or arbitration shall be entitled to reasonable attorneys' or arbitrators'
fees in addition to all other recoverable costs,expenses and damages.
8. Further Documents: The parties covenant and agree that they shall execute further
documents and instructions as shall be necessary to fully effectuate the tenns and provisions of
this Agreement.
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9. Entire Agreement: This Agreement constitutes the entire agreement of the parties with
respect to the subject matter contained herein and supersedes all prior agreements, whether
written or oral. There are no representations, agreements, arrangements or undertakings, oral or
written,which are not fully expressed herein.
10. Severability: In the event any part or provision of this Agreement shall be determined to
be invalid or unenforceable under the laws of the State of California, the remaining portions of
this Agreement which can be separated from the invalid, unenforceable provisions shall,
nevertheless, continue in full force and effect.
11. No Waiver: The waiver of any covenant contained herein shall not be deemed to
_be_a_continuing_waiver—of th_e_same or any other covenant contained herein.
12. Recordation: It is anticipated that this Agreement shall be recorded and shall be executed
and acknowledged in proper recordable form.
13. Amendment: This Agreement may be amended in whole or in part only by mutual
written agreement. Any amendment shall be recorded in Santa Clara County, California. In the
event any conflict arises between the provisions of any such amendment and any of the
provisions of any earlier document or documents, the most recently duly executed and recorded
amendment shall be controlling.
Executed the day and year first above written.
DECLARANT:
Hedong LLC
By: (notary acknowledgement attached)
Te-Ning Chen, CEO
CITY OF CUPERUNO
By: _
i m Bor en, PE
Director of Public Works
Approved as to Form
'M- 1M`,n i`�
^ems City Attorney
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APN: 326-07-020
Exhibit A
Legal.Description
For APN/Parcel ID(s): 326.07.020
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITYOF CUPERTINO,.COUNTY OF
_ SANTA..CLARA,-STATE OF CALI.F_OLN_IA AND IS DESCRIBED AS FOLLOWS: i
PARCEL"B",AS SHOWN ON THAT CERTAIN"RECORD OF'SURVEY OF A PORTION OF SOUTHEAST
1/4 SECTION 11,TOWNSHIP 7 SOUTH,RANGE 2 WEST,.M.D.B.&M SANTA CLARA COUNTY,% FILED
SEPTEMBER 26, 1962 IN BOOK 167 OF MAPS,AT PAGES.23, SANTA CLARA COUNTY RECORDS..
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EXHIBIT B pp
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Frontage Areas for Maintenance
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State of California
County of SANTA CLARA
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On o2-os -20i q before me, o+✓ ,Notary Public,
(Here insert name and title of the officer)
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ANDREW PATTERSON i
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< ?..
z i.a Santa Clara County
Z - Commission;#2182322
My Comm.Expires Mar 1,2021
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CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Santa Clara
2-:-) 1 L019 before me, Kirsten Squarcia ,Notary Public,
(Here insert name and title of the officer)
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Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
11-ndocument is to be recorded outside o California.In such instances,any alternative
r a ed um t)+ acknowledgment verbiage as may be printed on such a document so long as the
(Title or description of a ached document) g
verbiage does not require the notary to do something that is illegal for a notary in
7�( D Lo �. rn c f�� n o)/ IQo.L California (i.e. certifying the authorized capacity of the signer). Please check the
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signers)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they—is/are)or circling the correct forms.Failure to correctly indicate this
El Individual(s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
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Indicate the capacity claimed by the signer.If the claimed capacity is a
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