22-129 Maintanence Agreement for 23500 Cristo Rey Drive, Roman Catholic Bishop of San Jose; SCCR 25357406RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WIm GOV. CODE 27383
253574(2)6
Rag i ha R l comendras
Sarita Clara Courity - Clerk-Recorder
e8/12/2el22 11 42 QM
Titles: 1 Pages: 16
Fees: $G5.M
Taxes : $O
Total : §(h.€[lD
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(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MAINTENANCE AGREEMENT
23500 Cristo Rey Drive, Cupertino, CA 95014
[1 0riginal
[1 Conformed Copy
RECORDED AT THE REQUEST OF
And
WHEN RECORDED RETURN TO:
SPACE ABOVE FORRECORDER'S USE ONLY
MAINTENANCE AGREEMENT
23500 Cristo Rey Drive, Cupertino, CA 95014
MAINTENANCE AGREEMENT ("Agreement") is made and entered into this LS'n
dayof kTIS 2(2%,bytheRomanCatholicBishopofSanJose,aCaliforniacoiporationsole
RECITALS:
The following recitals are a substantive portion of this Agreement:
A. TherealpropeityandimprovementsthatcompriseTheFonu'nSeniorCommrinityUpdate
("Project") is located at 23500 Cristo Rey Drive within the City of Cupertino ("City"), County of
Santa Clara, State of Califoinia.
B. Assetforth,theprovisionsofthisAgreementareintendedtoandshalliunwiththeProject
and be biiidiiigupon all owners, successors and assigns of the Project, or anyportion.
C. The pui'pose of this Agree'inent is to allocate the costs of maintenance, repair and
replacement between Declarant and the City of ceitain improvements, including landscaping aiid
associatedfacilities, thatis situated on realpropeityowned bythe Declarantatthe northwest comer
of Cristo Rey Drive and Oak Valley Road adjacent to the Project, and to establish certain criteria
and procedures for the accomplishinent of maintenance, repair and replacement.
NOW, THEREFORE the paities hereto agree as follows:
1. CovenantsRunningwiththeLand;PropertySubjecttoAgeement: Alloftherealprope$
described iii Exhibit "A" shall be subject to this Agreement. It is intendedthat the provisions of
this Agreement shall run with the land and sliall be binding on all parties liaving or acqriiring aiiy
right, title or interest in the real propeity describedin Exhibit "A" or any poition andshall be for
the benefit of each owner of any of the pai'cels or any poition of the propeity and shall inure to the
benefitofandbebindinguponeachsuccessorininterestoftheowners. Eacliofthelimitations,
easements, obligations, covenaiits, conditions, and restrictions contained herein shall be deemed to
be, and sliall be constn'ied as equitable servitudes, enforceable by any of the owners of any of the
property subject to this Agreement agaiiist any other Owner, tenant or occupant of the propeity, or
any poition.
2. Responsibility for Cost of Repair, Replacement and Maintenance: Declarant, or its
successor in interest, sliall, at its sole cost and expense, maintain, repair, replace, remove and keep
Page l of 4
in good and l'iealthy condition as exists as of the date of this Agreement, all landscaping located on
tlie poition of the Declarant's propeity tliat abuts and fronts the Project ("the Maintenaiice
AgreementArea") atthe noithwestcoi'nerof Cristo Rey Drive and Oalc Valley Road to back of
curb line, excepting tlie low rock wall, irrigation system, electrical connections, and utility
expenses, which shall remain the maintenance responsibility and utility expenses of the City.
Exhibit "B" shows the portion of the Declarant's propeity for wl'iich Declarant is responsible for
maintenancehereui'ider.
3. Definitioi's of Repair, Replacement and Maintenance: The repair, replacement and
maintenanceto be undertaken andperformedunderthis Agreementshall include allworknecessaiy
to maintain the Maintenance Agreement Area described in paragraph 2 and delineated on Exhibit
"B"in goodandhealthyconditionunderallweatherconditions,andinsimilarorbettercondition
asexistsasofthedateofthisAgreement. TheMaintenanceAgreementAreasliallbemaintained
to a high standard that is comparable to similar iinprovements at other liigh-quality developments
intheCity. Toaccomplishthemaintenance,Declarantslialleitherprovidequalifiedpersonnelto
perfoi'i'n tlie maintenance work or contract with qrialified companies for this, and any otlier iteins
necessaiy to comply witli the requirements of this Agreement.
4. Maintenance Standards: Upon the City's reasonable determination that Declarant's
performance of this Agreen'ient does not satisfy its obligations provided herein, City shall provide
written notice of tlie specific deficiency to Declarant who will then remedy the deficiency within
30 days of such notice.
5. MutualIndemnity:Tothefullestextentallowedbylaw,Declarai'itslialldefend,indemnify,
and hold harmless City, its City Council, boards and commissions, officers, officials, agents,
employees, set-vants, consultants and volunteers (hereinafter, "Inden'itees") from and against any
liability, loss, damage, expense, and cost (including reasonable legal fees and costs of litigation or
arbitration), resulting from injui'y to or death of any person, damage to property, or liability for
other claims, stop notices, demands, causes of actions and actions, arising orit of or in any way
peitainiiig to, or related to the rise and landscape maintenance by Declarant or Declarant's
employees, officers, officials, agents or independent contractors of the Maintenance Agreement
Area 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. Declai'aitt
shall, at its own cost and expense, defend any aiid all claims, actions, suits or legal proceedingp that
may be brougl"it against the City or any of the IIndemnitees (with counsel acceptable to City) iii
connection with this Agreement or arising out of Declarant's perfoi'i'nance or nonperfoimance of
its duties and obligations hereunder, except to the extent any of the foregoing is caused solely by
tlie negligence or willful misconduct of the City or tlie City's agents, employees and independent
contractoi's.
To the fullest extent allowed by law, City shall defend, indeini'iify, and liold hari'nless
Declarant, its officers, officials, agents, employees, sei'vants, consultants and volunteei's
(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,orliability for other claims, stop notices, demands, causes
of actions and actions, arising orit of or in any way pertaiiiiiig to, or related to tlie use, landscape
maintenance and improvements by City or City's employees, officers, officials, agents or
independent contractors of the Maintenance Agreement Area described in paragraph 2 and
delineated on Exhibit "B", or from negligent acts or omissions or willful misconduct of City, its
agents, employees, contractors, or subcontractors. City shall, at its own cost and expense, defend
any and all claims, actions, suits or legal proceedings that may be brought against the Declai'ant or
Page 2 of 4
any of the Indemnitees (with coruxsel acceptable to Declarant) iii connection with this Agreement
or ai'ising out of City's perfoi'mance or nonperformance of its duties and obligations hereunder,
exceptto the extent any of the foregoing is caused solely by the negligence or willful misconduct
of Declarant or tlie Declarant's agents, employees and independent contractors.
6. InsuranceRequirements: DeclarantsliallnotcoininenceworkunderthisAgreeinentuntil
ithasobtaiiiedalliiisurancerequired. DeclarautshallmaintainWorkelsCompensationInsui'aiice,
andif applicableshallalsorequireallsubcontractorstoprovideWorker's CompensationInsuiaiice.
Declarant shall maintain Comprehensive General Liability in an amount of not less than
$1,000,000.00.
7. At-toriiey'sFees: Intheeventthatanypartyinstituteslegalactionorarbitrationagainstthe
other to interpret or enforce this Agreement, or to obtain damages for any alleged breacli, the
prevailing party in the action or arbitration shall be entitledto reasonable attoi'neys' or arbitratoi's'
fees in additionto all other recoverable costs, expenses and dainages.
8. Further Documents: The parties covenant and agree that they shall execute frirther
documents ai'id iiistit'ictions as shall benecessaiy to fully effectuatethe tenns andpi'ovisions of this
Agreement.
9. Entire %rreement: This Agreement constitutes tlie entire agreement of tl'ie parties with
respect to tlie subject matter containedherein and supersedes all prior agreements, whether written
or oral. There are no representations, agreements, arrangements, or undeitalcii'igs, oral or written,
which are not fully expressed liereiii.
10. Severability: IntheeventanypaitorprovisionofthisAgreementshallbedetei'minedto
be invalid or unenforceableunder tlie laws of the State of California, the remaining portions of tl'iis
Agreement whicli can be separated from tlie invalid, unenforceable provisions shall, nevertheless,
contiiiue iii full force and effect.
11. No Waiver: The waiver of any covenant contained herein shall not be deemed to be a
continuing waiver of the same or any otlier covenant contained herein.
12. Recordation: ItisanticipatedtliattliisAgreementshallberecordedandshallbeexecuted
and acla'iowledged in proper recordable foi'i'n.
13. Ainendment: ThisAgreementmaybeamendedinwholeorinpaitonlybymutualwritten
agreement. Any amendment sliall be recorded in Santa Clara County, California. In the event any
conflict arises between tlie provisions of any such amendment and any of the provisions of any
earlier document or docuinents, themost recently duly executed andrecorded amendi'nent shall be
controlling.
Executed the day and year first above written.
DECLARANT:
The Roman Catholic Bishop of San Jose, a California coiporation sole
By: (notai'yackm
Rev. Ha6 Dinh
Attoniey in Fact
(notai'y acknowledgement attached)
Page 3 of 4
CITY OF C'UPERTINO
Page 4 of 4
Exhibit A
PROPERTY
BEING the lands described as APN 342-5-64 after Lot Line Adjustment in the
Certificate of Compliance recorded September 2, 1997, in Book K282 at Page
1390, InstnimentNumber 9418721, Official Records of Santa Clara County.
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Ri;t!5 le da v 8 ant! pei ink be lng az I)allt along sald Hei t th@ t 17 I l all S()11th 81o 13 ' 0 'J "
West 214.00 feet from Lh* most Narth..aat*rly. coexist of said %xcel At tbet'i:a
al5nq 8ald North*flx 1154 Nirtb 81" 13' 03" giant 214.00 ease t@ fli.ld mOgt
Nerlih*agterly corner of gala ?arcbl At thence *lonq the qsnsral Easlerly llr.*s oe
Aiild Parcsl A, an 8hovn an @aid Reu.Ord Of hurVoyl the four fGllOVinq couttioti &itd
distances: South 12o 5Sa [19" !,;ist 245.07 feet. South 09"' 25' 07" East. 745.77
fatn-i North 'iso 01' 33'- Rafflt 241.01 feet and South 30o 13' :9" East 1'l6,71
feat. te+ the most !t-qtarly eeirzisr of sald Pbrspl AJ thsiici+ along the hTortlieaatarly
prolonqalion of tjis Southsagtsrly 11nsi tt said Parcel Ai !'air'-h 51o (+:" 05'a east.
411194 ftiit, more or l*asi i.o tbe lbtorseebJon thereof vlth thii Southsrly ltii@ at
lal(l 37.<)2 a<.ra parcelJ th(IIIII!O PlOtlq @at -' 8ouehsrlv line )$Oleth B3o 53 a 21aa Wiist
118.42 toots thsnce along the gouthv*stgr).y and Northmiitstaly linss of sald 37.92
11cro par aO 1 tl)41 lah)"*ffi €0 110Vl)aq aoufJss and d!lltaoeO!l ! HOr th 3 go 55 ' 21aa Naa l:
527,7:1 fOotl 80fF.h 120 33a 12" W@ffit. g76.62 to@F. titid H@i-t9 27"' 34' 24' EAtt
407 ill :O*ki fflOrO I:na l*all r tO the lal(! polnt Of bl!g lnnllaq <)f khla (lJlllela lptlt)Tl !lkld
cantalnlng 54.04 ai:riis of land. inorsi or less.
TOGPiTHER WIT'H an *iisan+etit. (25 - 00 f@ot- in vldth ) e o r I ngr*a s i *grn g8 and roadvay
purpogsii the Eastrly and Northoaitorly lines of iiald aagemont being moc*
paztlcularly d*oeribad an eollovsi
liEG!)nllMa a: the harelnabove m*ntloii*6 Sout.haast.*rly corner of %rcel 1)it theiiico
from ahsa potiit O( bHknnSriq alon@ szla Southveist*rly line oe seild Purc*l It
Nortii 65o na' 47" 14slt 40iB7 tent. to the Int.irtt*ction thereof truth thti
coiit.*rl.lti* of the paved xosdvby lea(21119 to Salnt Jbs0ph'8 Ssi.iinary at. the TRU
100.01) f*llL 80util 03o 02' 64" )talk 67i'34 Z*@t.i SiOuthOXl} alo!4 all Are 01 it
tiinq*nt curve to t.ha ;set vith & radluo of 400.00 !oel:. tluaou;lh a central angle
cut VO t(} the l() !t V l th a r iidl un O e 7 CIO iOO e90t r the Ouqll & e@lltr*l angl l) ()f 12o
45 ' 00"/ Iln ara dlstanc* of 155 i 7? eb0'Ca tjkngont- k@ tb* ptoc*d.tnq aurVO SO'Jkll
Slo 43' 37" Eajit lAtii70 east and gouth*agterxy along an bta be & tang*fflt cutvs
b6 t.h* rlqht Vlt.h ,a radlua at 600.00 faiib, tbrou;lit & e*ntreil aThgl* Of 2titi 26
20" i 110 Ar<: di Atan(!ffl at 214 i 04 f*@t ka th@ t@ rmlnus at tlils easamll(lt - Tl)
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