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E-917 Stormwater Management Facilities Operation, Maintenance and Easement Agreement, 22690 Stevens Creek Blvd, APN 342-14-104, 342-14-105, 342-14-066RECORDING 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 WITH GOV. CODE 27383 25413948 Regina Qlcomendras Sarita Clara County Clerk-Recorder 12/el9/2el22 1(!) 31 Qrl Titles: I Pages: 18 Taxas : $9 (SPACE ABOVE mIS uNE FOR RECORDER'S USE) STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 22690 Stevens Creek Blvd, Cupertino, Ca 95014 APN 342-14-104, 342-14-105, 342-14-066 0 0riginal 0 Conformed Copy RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupertino City Clerk's Office 10300 Torre Avenue Cupertino, CA 950?4-3202 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §6 103 Space above tliis linc for Recorder's use. STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 22690 Stevens Creek Boulevard, Cupertino, CA 95014 APN342-14-104,342-14-105 &342-14-066 This STORMWATER MANAGEMENT FACILITIES OPERATION. MAINTENANCE AND EASEMENT AGREEMENT ("Agreement") is made and entered into tliis 2g day of City are referred to collectively lierein as the "Parties" and each individually as a "Party. RECIT ALS: Tl'iis Agi'eement is made and entered into witli reference to t]ie fo]lowing facts: A. The City is autliorized and required to regulate and control tlie disposition of storm and surface waters as set foitli in tlie City's Stori'nwater Pollution Prevention and Watershed Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as currei'itly in effect and as it may liereafter be amended, tlie "Ordinance"). B. The Covenaiitor is tl'ie owner of a certain tract or parcel of land designated as APN 342- 14-104, 342-14-105 & 342-14-066 and more particularly described in Exhibit A attached liereto ("Property"). C. Tlie Covenantor desires to construct certaiii improvements on tlie Propeity tliat inay alter existing stormwater conditions oii botli tl'ie Property and adjacent lands. D. To ininimize adverse impacts due to these anticipated clianges in existing storn'i and surface water flow conditions, tl'ie Covenantor is required by the City to build and i'naintain, at Covenai'itols expense, storinwater management and trasli capture facilities ("Facilities") as i'nore particularly described and s)iown in tlie Stori'nwater Management Plan prepared by BKF Engineers and dated June 3, 2022, whicli plan, togetlier witli any ai'id all amendinents, including -I- future amendments, tliereto (collectively, tlie "SWMP"), are on file witli tlie Public Works Depaitment of tlie City of Cupeitino, California, and are liereby incorporated by reference. E. The City lias reviewer3 t]ie SWMP, and subject to execution of this Agreement, has approved tlie SWMP. AGREEMENT: NOW, THEREFORE, in consideratioi'i of tlie benefits received and to be received by the Covenantor, its successors and assigns, as a result of the City's approval of the SWMP, the Parties l'iereby agree as follows: 1. Covenants Running Witli tlie Land: Propeity Subject to Agreement. All of the Propetty sliall be subject to tliis Agreeinent. Tlie Parties intend tliat this Agreement shall run with the land, s)iall be binding on Covenantor, its successors and assigns, and all patties having or acquiring any riglit, title or interest in tlie Propeity or any portion tliereof, and their respective successors and assigns, and shal] ii'iure to tl'ie benefit of the City and its successors and assigns regardless of wl'iether City lias any owi'iersliip interest in tlie Property or any portion thereof or any propeity adjacent thereto. Every limitation, easemei'it, obIigation, covenatyt, condition, and restriction contained herein sliall be deei'ned to be, and sliall be construed as a covenant rumiing witl'i tlie land, and in additiori, sliall be construed as an equitable servitude, enforceable by any owner of any poition of the Propeity against any other owner, tenant or occupai'it of the Property or any portion tliereof. Subject to the provisions of Section 9 below, each reference in this Agreement to Covenantor sl'iall mean Covenantor and its successors iii interest to the Propetty or any poition tliereof. 2. Respoiisibility for Installation, Operation and Maiiitenance. At its sole expense, the Covenantor shall construct, operate and perpetually maintain tlie Facilities in strict accordance with: (a) tlie Ordinance, (b) manufacturer's recommendations wliere applicable, (c) the SWMP and aiiy amendinents tliereto tliat l'iave been approved by the City, and (d) all other applicable federal, state aiid local laws, ordinances and regulations. Covenantor, on an annual basis, sliall prepare and deliver to the City Public Works Director, a Maintenance Inspection Repoit in tlie form attached hereto as Exliibit C or such other form as may be required by City from time to time. The aimual Maintenance Inspection Report shall identify all coi'npleted inspectioi'i and maintenance tasks for the repoiting period and shall be submitted to tlie City in order to verify that iiispection and maintenance of tlie Facilities have been conducted as reqriired by this Agreement. The annual report s]iall be submitted no later tl'ian October 15 of each year, under penalty of perjuiy, to tlie City Public Works Director or such other i'neinber of the City staff as directed by the Public Works Director. Covenantor sliall provide in the annual repott a record of tlie volume of all accumulated sediment removed as a result of tlie treatinent i'neasure(s). Covenantor shall conduct a minimum of one aiinual inspection of tlie Facilities before the rainy season; tliis inspectioii sliall occur between August 1st and September 30 eacli year. More frequent inspectioi'is may be required to comply with the maintenance standards. The results of iiispections sliall be recorded on the Maintenance Inspection Repoit. -2- 3. Facility Modifications. At its sole expense, tlie Covenantor sliall make sucli clianges or modifications to tlie Facilities as tlie City Engineer may reasonably determine to be necessaiy or desirable to ensure that the Facilities contimie to operate as originally designed and approved. Any changes or modifications to tlie Facilities inay be made oi'ily with prior written authorization by the City Engineer or liis or lier designee. 4. Graiit of Easement. Covenantor hereby grants to City a iionexclusive, access and i'naintenance easement ("Easement") over the Facilities as depicted and described in Exhibit B attached liereto and incorporated herein ("Stormwater Facilities Area") for the purpose of perinitting tlie City, and its einployees, agents, contractors, consultants, to inspect, monitor, maintain, repair and replace tlie Facilities. Covenantor grants to tlie City tlie nonexclusive riglit of ingress and egress to tlie Storinwater Facilities Area, troi'n the existing streets adjoining tlie Propeity, over tlie existing drives, walkways and parking areas located on the Property, for purposes connected witli any riglit under this Agreement or the performance of any obligations required by tliis Agreeinent. 5. Facility Inspections by tlie City. At reasoiiable times, after not less than forty-eiglit (48) liours' prior written notice, except in the event of an immediate tlireat to public healtli and safety in which case no prior notice shall be required, and in a reasonable manner as provided in the Ordinarice, the City, its agents, employees, contractors, and consultants shall liave tl'ie riglit of ingress and egress to tlie Stormwater Facilities Area for tl'ie purpose of inspecting tlie Facilities to ensure that the Facilities are being properly maintained, are continuing to perform in an adequate manner (as reasonably determined by the City Engineer or liis or her designee), and are in coi'npliance with tlie Ordinance, the SWMP and any ainendments thereto approved by tlie City and all other applicable laws. 6. No Barriers. While this Agreei'nent is in effect, Covenantor shall i'iot erect, nor pern'iit to be erected, any building or structure of any kind within the Stormwater Facilities Area, nor sliall Covenantor fill or excavate wit]iii'i the Storinwater Facilities Area witliout City's prior written consent wl'iidi shall not be unreasonably witliheld, but may be conditioned upon SLICII requirements as City Engineer deteri'nines are reasonably necessaiy or desirab]e to ensure propcr functioning of tlie Facilities. 7. Default and Remedies. If following delivery of written notice from City and tlie expiration of a tliiity (30) day cure period (except in the event of an immediate threat to priblic health and safety in whicli case Covenantor shall commence and complete corrective action as soori as possible following receipt of notice from the City), Covenantor fails to correct any defect in the Facilities iii accordance with tlie approved design standards, the SWMP, the Ordinance, and all other applicable state, federal, aiid local laws, rules, and regulations, or Covenantor otherwise fails to comply with tlie maintenance and repair obligations set forth in tlie SWMP and this Agreement, the City sliall have tlie right upon delivery of forff-eight (48) liours' prior written notice (except in tlie event of an immediate tlireat to public liealtli and safety in wliicli case no notice shall be required) to enter tlie Stormwater Facilities Area for tlie purposes of -3- maintaining and repairing tlie Facilities at Covenantor's expense, and Covenantor sliall be obligated to reimburse City for tlie cost of all such work, includiiig, witliout lii'nitation, tlie cost of City staff time, witliin tliiity (30) days following City's delivery of an invoice therefor, together witli docui'nentation of City's costs and expenses incurred in connection with tlie perforinance of sucli work. If such costs are not paid witliin the prescribed time period, tlie City i'nay assess Covenantor tlie cost of tlie work, aiid said assessment sliall be a lien against tlie Propeity or may be placed on tlie propeity tax bill and collected as ordinary taxes by tlie City. In addition to tlie foregoii'ig, tlie City may pursue aiiy ot)ier remedies provided under law or in equity, including witliout limitation, ex paite applications for teinporary restraining orders, preliminaty injunctioiis and permanent injunctions enjoining any sucl'i violation or attempted violation or default, an order for specific performance, civil ai'id criminal penalties, and the remedies set foitli in Sections 9. 18. 190, 9. 18.230 and 9. 18.250 of tlie Ordinance. All SLICII remedies sliall be cumulative and not alternative. 8. J To tlie fullest extent allowed by law, Covenantor shall indenmify and hold liari'nless CITY, its City Council, boards and commissions, officers, officials, agents, ei'nployees, servants, consultants and volunteers (hereina'fter, "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, carises of actions and actions, arising out of or in any way related to the ownership, operation, use of the area, maintenance, or failcire to maintain, the Facilities, or tlie Covenantor's perfori'nance or nonperformance of liis/her duties under tliis Agreement, or from i'iegligent acts or omissions or willful inisconduct of Covenantor, its agents, einployees, contractors, or subcontractors. Covenantor shall, at liis/lier own cost and expense, defend any and all claims, actioi'is, suits or legal proceedings that may be brought against tlie City or any of tlie [ndei'nnitees (witli council acceptable to City) in connection witli tliis Agreei'nent or arising out of Covenantor's perfori'naiice or nonperforinance of liis/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 tlie CITY'S agents, employees and independent contractors. 9. Obligations and Responsibilities of Covenaiitor. Tlie Covenantor named above sliall be solely responsible for the perfori'nance of the obligations required under this Agreeinent and for the payinent of any and all fees, fines, and penalties associated with such performance or failure to perfori'n uiider tliis Agreement. Provided, however, notwitlistanding any provisions of tliis Agreemei'it to the contrary, upon the recordation of a deed or otlier instrument of sale, transfer or other conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a tliird paity, the Covenantor sliall be released of its obligations and responsibilities under tliis Agrcement accruing after the date of sucli Transfer to tlie extent SLICII obligations and responsibilities are applicable to tliat poition of the Propeity included in such Transfer, and sucli obligations and responsibilities sliall be assumed by each paity acquiring any rigl'it, title or interest in tlie Propeity pursuant to Section l of tliis Agreement. 10. Propeity Transfer. Notliing lierein sliall be construed to prohibit a transfer of tlie Property or any pait tliereof by tlie Covenantor to subsequent owners and assigns. -4- 11. Teri'nination and Release of Agreei'nent. In tl'ie event tliat the City determines, in tlie exercise of its sole discretion, at ariy fiiture time t]iat tlie Facilities are no longer required, tl'ien it promptly sliall so notify the Covenantor or its successors and/or assigns in writing, and at tlie written request of the Covenantor, tlie City sliall execute a termination and release of tliis Agreement whicli the Covenantor sliall cause to be recorded in tl'ie Official Records at Covei'iantor's sole expense. 12.Miscellaiieoris. 12.1 Notices. Except as otherwise specified herein, all notices, den'iands, requests or approvals to be sent pursuant to this Agreement shall be made in writing, and sent to t]ie Parties at their respective addresses specified below or to such other address as a Paity may designate by written notice deiivered to tlie otlier Paity in accordance witli tliis Section. All such notices shall be sent by: (a) personal deliveiy, in wliich case notice is effective upon deliveiy; (b) certified or registered inail, return receipt requested, in wliicli case notice sliall be deei'ned delivered upon receipt if delivery is confirmed by a return receipt; (c) natioi'ially recognized overnight courier, witli charges prepaid or cliarged to tlie seiider's account, in wliich case notice is effective on delivery if deliveiy is confirmed by tlie delivery service; or (d) postage prepaid registered or ceitified mail, in which case notice sliall be deemed delivered on tl'ie second business day after tlie deposit thereof witli tlie U.S. Postal Service. City: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: Public Works Director With copy to: City of Cupertino 10300 Torre Ave Cupertii'io CA 95014 Attention: City Attorney Covenantor: Alan Enterprise, LLC 33215 Trai'isit Avenue Union City, CA 94587 Attentioii: Ali Mozaffari 12.2 Attomeys' Fees. In the event that either Paity institutes legal action or arbitration against the other to interpret or enforce tliis Agreement, or to obtain damages for any alleged breach hereof, the prevailing Party in such action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. -5- 12.3 Governing Law: Venue. This Agreement shall, in all respects, be governed, coiistrued, applied, and enforced in accordance witli tlie laws of tlie State of California withorit reference to its clioice of laws provisions. Any dispute related to the interpretation or enforcement of this Agreeinent sltall be lieard in courts having jurisdiction iit Santa Clara County, California. 12.4 Further Assurances. City and Covenantor sliall each execute, acknowledge and deliver to tlie otlier sucli otlier documents and instruments, and tal<e sucli otlier actions, as either sliall reasonably request as may be necessary to fully effectuate tlie terms and provisions of tliis Agreement. 12.5 Entire Agreement. Tliis Agreement, together witli tlie SWMP, constitutes tlie entire agreei'nent of tlie Parties witli respect to tlie subject matter coi'itained lierein and supersedes all prior written or oral agreements witli respect thereto. 12.6 Severability. In the event any part or provision of tliis Agreement shall be determined to be invalid or unenforceable rmder the laws of the State of CaIifornia, the rei'naining poitions of tliis Agreemeiit tliat can be separated from the invalid or, unenforceable provisions shal, nevertlieless, continue in full force and effect. 12.7 No Waiver. Any waiver by City of any term or provision of tliis Agreement must be in writiiig. No waiver sliall be implied from any delay or failure by City to take action on any breach or defau]t hereunder or to pursue any remedy allowed under tliis Agreement or applicable law. No failure or delay by City at any time to require strict performance by Covenantor of any provision of this Agreement or to exercise any election contained herein or any riglit, power or reinedy liereunder sliall be construed as a waiver of any other provision or any succeeding breacli of tlie sai'ne or any otlier provision liereof or a relinquishi'nent for tlie future of sucli election. 12.8 Recordation; Ainendments. City, at Covenantor's expense, sl'iall cause tliis Agreement to be recorded in the Official Records of Santa Clara County, California ("Official Records") promptly following execution hereof. This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment sliall be recorded in tl'ie Official Records. 12.9 Relationship of Parties. Neither Covenantor nor any of its contractors, employees or agents shall be deemed to lie agents of City in connection witli tlie performance of Covenantor's obligations under tliis Agreement. Notliing in tliis Agreement is intended to or shall establish tlie Paities as paitners, co-venturers, or principal and agent with one another. City neither undertakes nor assumes any responsibility or duty to Covenantor (except as expressly provided in this Agreement) or to any tliird paity with respect to tlie Faciities. 12.IO Headings; Construction; Statutoiy References. Tlie lieadings of the sections and paragraplis of tliis Agreement are for coi'ivenience only and sliall not be used to interpret tliis -6- Agreeinent. Tliis Agreement is tlie product of negotiation between tlie Parties. Tlie laiiguage of this Agreement sliall be construed as a wliole according to its fair n'ieaning and not strictly for or against any Party. Any rule of construction to tlie effect tliat ambiguities are to be resolved against the drafting paity sliall not apply in interpreting tliis Agreeinent. All references in tl'iis Agreeinent to particuIar statutes, regulations, ordinances or resolutions of tlie United States, the State of California, or tlie City of Cupertino shall be deemed to include tlie same statute, regulation, ordinance or resolution as liereafter amended or renumbered, or if repealed, to sucli other provisions as may thereafter govern the same subject. The recitals above and exliibits attached hereto are a substaiitive part of this Agreement and are liereby incorporated herein. 12.11 Permits and Licenses; Compliance with Law. Covenantor, at its expeiise, sliall comply witli all applicable legal requiremexits, including all federal, state, and local laws and regulations (including City ordinaiices, regulations and resolutions, and requirements of otlier agencies witli jurisdiction), wliether or not said Iaws or regulatioiis are expressly stated in tliis Agreei'nent, and obtain and maintain all necessary permits and licenses required in order to OWII, operate and maintain tlie Facilities. 12.12 . Covenantor shall pay, when due, all persons furnishing labor or materials in connection with any work to be performed by or on behalf of Covenantor related to the Facilities, and sliall keep City's interests in the Stori'nwater Facilities Area free and clear of any related mechanics' liens. 12.13 Joint and Several Liability. If Covenantor consists of inore tl'ian one person or entity, tlie obligatioiis of such persons and entities sliall be joint and several. 12.14 Counterpaits. This Agreement may be executed in one or more counterparts, each of which sliall be deemed to be an original, and all of whicl'i taken together sliall constitute one and tlie same instrument. SIGNATURES ON FOLLOWING PAGE(S) -7- IN WIINESS WHEREOF, tlie Paities liave executed this Agreement as of the date first above written. COVENANTOR: Alan Enterprise, LLC, a California lii'nited liability COlnpall7 0 CITY: (ITY OF CUPERTINO, a municipal corporation Notaiy acknowledgment to be attached) ATTEST: APP 7,AS xFORM: opher D. City Attorney -8- EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING AT AN IRON PIPE AT THE POINT OF INTERSECanON OF THE WESTERLY LINE OF FOOTHILL BOULEVARD, FORMERLY MOUNTAIN VIEW AND STEVENS CREEK ROAD, WITH THE SOUTHERLY LINE OF STEVENS CREEK BOULEVARD, FORMERLY PERMANENTE ROAD; THENCE NORTH 89o 55' WEST ALONG SAID SOUTHERLY LINE OF STEVENS CREEK BOULEVARD, 125.00 FEET TO AN IRON PIPE; THENCE SOUTH Oo IO' EAST AND PARALLEL WITH SAID WESTERLY LINE OF FOOTHILL BOULEVARD 100.00 FEET TO AN IRON PIPE; THENCE SOUTH 89o 55' EAST AND PARALLEL WITH SAID SOUTHERLY LINE OF STEVENS CREEK BOULEVARD, 125.00 FEET TO AN IRON PIPE ON THE SAID WESTERLY LINE OF FOOTHILL BOULEVARD, THENCE NORTH Oo 10' WEST ALONG SAID WESTERLY LINE 100.00 FEET TO THE POINT OF BEGINNING, AND BEING A PORTION OF THE SAN ANTONIO RANCHO. PARCEL TWO: LOT 30, BLOCK 3, TRACT N0. 1093 FILED MAY 4, 1953 IN BOOK 42 0F MAPS, PAGE 37, SANTA CLARA COUNTY RECORDS. PARCEL THREE: LOT 29, BLOCK 3, TRACT N0. 1093 FILED MAY 4, 1953 IN BOOK 42 0F MAPS, PAGE 37, SANTA CLARA COUN1Y RECORDS. APN: 342-14-104 (Parcel One), 342-14-105 (Parcel Two) and 342-14-066 (Parcel Three) iioil:9,7I )}::,iils01l;%gii:,,On:)aH:::41l00}laa(0t0((iLT001NlllVNaS(NGIN(tNIN(S!N((IRt} Oiltnnttsw j0j EXHIBIT"B" i ' :li ____________J , ' CAMINO VISTA DRIVE i I B o8 li ;k i Z_ I H. ;. I % : % ': N I 'V e_t_iaa vaaaa eia, =a et=a :c:a i "l E 6 X ffi ., ; E i %G. ':l F - A ': g!. N' i(;i ? > I N 9 N !l ( 08 tt +i\ offi a==a= 1; !I ;y =i_ s F, Gii.l !a aa i i s_ 4. yj "5 , I ! :' e rZrsl:a2 IS;n'E '% '_ ! sa _ ; 0 s', R F } a'( !; a! I-atQ at : tg qe t- (,5 ,%j i 2 85 (ii}:i0 l a ('*-#_- x i z y I 5 0 % s-, G H :o ,ft ig a#;. 8 :- J i i: -. - - -= -=- ' i -"']::a i X' 'l I : ' --1 j i 1 ,l 1 l i I , , [,l I, i 7 i "I , , . , 1, I---l 'l(1 l ji I-l I.i V J, (1, ri, j , :, _ ,_ _ (, 1.1, . , . 1 -7__. I ui i #m I l, I , ]- " ", --, m<'i '- ! II i Z ' I (f ia ; !: f r r ; C _,, f, €l Hq6; - " , I g," it,; [, 'i "'a a :_ _ _ _ _ _ ____L, - - - - - I , .,: . i)=---)}i I: I 2 i.--' oa' I ' "' : Ila'= ==E)i " " l !€ l,< " " i[H,. ., . , . )a ,_ _ 'z, ;===-i :: ii 1 . ' I : I 7 - ', i :.'l i " - , . ]T .1 B 1. B T T g if I !HDi-Q g8V 3;ta ! ?a%= --I :O > -l K z s n -ii ===- z '2,, ,oi ,vy-u___ ,i,,-_l_+'a' }. : - ',aam'_.i_____=y*__7_%___ )_l'. aly ,' ! - ' Ea;.=:tgD= 9. QgBt,ij-4 Qg -9 !i- .-,_a v33 pgQ Z % =o o r K > th c ;Cl (/) u'i c K c > :o < + b O:I r ' :-"[i-'%2-3 . . FOOTHILL -BOuLEV ARD : _ _ _ _ _ _ _ _ . " - - a - -! l'{- ' XJ. . /' I i. : . I l : ', I l ,"" .1i , II iI I E : . ,, ,s, §:r==s= gg g2 zl e :IR H:ug p=- 8p li = i aQpq !; d i P a a 8E a d gE E p A-. K a HE E a g iE e tt ffl Th e 0, ; d d , 35 ,+:l,%' t"; i 'hffl ":! 5 ., B A 4 Jl fi! B i% K!i#HZQ p i -(t g ll'iills"Nl'qJ[Q)][l!%,%g"a'a-.'a?i,7%=rt-t?jp92eti-='gpQgpRl :a;B3:H.!liRNaN!€!?!!!9!€!12§iiU§gNjEp=g\,:aq-.,;"N;H:ffi,igl3;!!.3ia5Ei T!% !!i*&a !. -6. be}0iqp%;.a Rag. h-aa%;s%06 -i, 9 . sa a0-- ! > ai ai =o < > -I o z u'i H HE ! !N ! N ! W 8 N '............ .1 k * a- '- e e ! a- e i a- b Th jl ' =: ;' : ! i== #, " N, N I u a - I il Qli ,------i ',;ll!: o i :i uil 71 ml (;')l z o :. p, U (a)61 (y} nnla Of/01/)}22690 STEVENS CREEK BOLLEV ARD IMPROVEMENT PLANS STORMWATER CONTROL PLAN CUPEINO SANTACLARA CALIFORNIA [292] i,;i>2,::,, p=Oq ;tiii =! ION fla*l(n .H/FN 1)7<*ajj I'X EXHIBIT "C" Bioretention Area Inspection and Maintenance Checklist Propeity Address: 22690 Stevens Creek Boulevard, Cupertino, CA 95014 Propeity Owner: Alan Enterprise, LLC Treatment Measure No.:Date of Inspection: Type of Inspection: € Monthly € Pre-Wet Season U- After heavy rui'ioff r] End of Wet Season 11 0tlier: Inspector(s): Defect Conditions When Maintenance Is Needed Maintenanci Needed? (Y/N) Comments (Describe maintenance completed and if needed maintenance was not conducted, note when it will be done) Results Expected When Maintenance Is Performed 1. Standing Water When water stands in the bioretention area between storms and does not drain within five days after rainfall. There should be no areas of standing water once inflow has ceased. Any of the following may apply: sediment or trash blockages removed, improved grade from head to foot of bioretention area, or added underdrains. 2. Trash and Debris Accumulation Trash and debris accumulated in the bioretention area. I Trash and debris removed from bioretention area and disposed of properly. 3. Sediment Evidence of sedimentation in bioretention area. Material removed so that there is no clogging or blockage. Material is disposed of properly. 4. Erosion Channels have formed around inlets, there are areas of bare soil, andlor other evidence of erosion. Obstructions and sediment removed so that water flows freely and disperses over a wide area. Obstructions and sediment are disposed of properly. 5. Vegetation Vegetation is dead, diseased and/or overgrown. Vegetation is healthy and attractive in appearance. 6. Mulch Mulch is missing or patchy in appearance. Areas of bare earth are exposed, or mulch layer is less than 3 inches in depth. All bare earth is covered, except mulch is kept 6 inches away from trunks of trees and shrubs. Mulch is even in appearance, at a depth of 3 inches. 7. Miscellaneous Any condition not covered above that needs attention in order for the bioretention area to function as designed. Meet the design specifications. Stormwater Treatment Measure Operation and Maintenance Inspection Report for Alan Row Subdivision This report and attached Inspection and Maixitenance Checklists document the inspection and maintenance coiiducted for tlie identified stormwater treatment measure(s) subject to the Maiiitenance Agreement between the City and the property owner during tlie annual reporting period indicated below. 1. Property Information: Propeity Address or APN: 22690 Stevens Creek Boulevard, Cupertino, CA 95014 Propeity Owner: Alan Enterprise, LLC 11. Contact Information: Name of person to contact regarding tliis repoit: Ali Mozaffari Plione nuinber of contact person: (415) 971-0609 Email: ali(2Jalanellc.com Address to wl'iic)i correspondence regarding tliis report sliould be directed: 11 77 California Street, Suite 1821, San Francisco, CA 94108 rii.Reporting Period: Tliis report, witli tlie attached completed inspection cliecklists, docui'nents the inspections and maintenance of tlie identified treatment i'neasures during the time period from to IV.Stormwater Treatment Measure Information: The following stormwater treatment n'ieasures (identified treatment measures) are located on tlie propeity identified abt ve and are subject to tlie Maintenance Agreement: Identifying Number of Treatinent Measure Type of Treatinent Measure Location of Treatirient Measure on the Property B.B.1 Bioretention Area See Stori'nwater Control Plan, Slieet C7.0 B.B.2 Bioretention Area See Storinwater Control Plan, Slieet C7.0 B.B.3 Bioretention Area See Storinwater Conti'ol Plan, Sheet C7.0 B.B.4 Bioretentioi'i Area See Stori'nwater Control Plan, Slieet C7.0 B.B.5 Bioretention Area See Storn'iwater Control Plan, Sheet C7.0 B.B.6 Bioretention Area See Stori'nwater ControI Plan, Sheet C7.0 B.B.7 Bioretention Area See Storinwater Control Plan, Sheet C7.0 V.Summary of Inspections and Maintenance: Suinmarize the following information using the attached Inspection and Maintenance Checklists: Identifying Nuinber of Treatment Measure Date of Inspection Operation and Maintenance Activities Perfori'ned and Date(s) Conducted Additional Coi'ninents B.B.I B.B.2 B.B.3 B.B.4 B.B.5 B.B.6 B.B.7 Vl. Sediment Removal: Total amount of accuinulated sediinent rei'noved from the stormwater treatment measure(s) during the repoiting period: cubic yards. How was sediment disposed? € landfill € other location on-site as described in and allowed by tlie maintenance plan € other, explain Vll. Inspector Information: The inspections documented iii tlie attaclied Inspection and Maintenance Checklists were conducted by the following inspector(s): Inspector Naine and Title Inspector's Employer and Address Vlll. Certification: I hereby certi'fy, under penalty of perjury, that the information presented in tliis repoit and attachinents is true and complete: Signature of Propeity Owner or Other Responsible Party Date Type or Print Name Company Name Address Phone number:Email: SAMPLE BMP INSPECTION & MAINTENANCE FORM Dart" Responsible Inspector: LANDSCAPE MAINTENANCE I I Observations Location Date Maintenance or Repair Action Taken __Date /"l _ _ _ _ _ ! _ r _ j iNeeClea'!' l)et)rlS!' tj,rOSlOll Problems? STORM DRAINAGE COLLECTION SY-STEM MAINTENANCE Observations ' _ i_ _ I,____ocation Date Debris or Sediment?Action Taken _i, rl _ _ _ _ _ _ T _ r _ _l Sift Accumulation? 1. sro.qnttwpverz TREATME/VTSYSTEMMA/NTENANCE Observations Location Date Flow Obstructions? Overflow Drain Obstructions?Action Taken !2U!!_ Debris or Sediment? Erosion Problems? SAMPLE FORM ONLY INSPECTOR/OWNER TO EXPAND AND MODIFY AS NECESSARY 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 attaclied, and not the truthfulness, accuracy, or validity of t_hat document. State of Califoinia County of Santa Clara On !'<:' J;JC;- I(n,_: I J, :/'.')&.z before me, Lauren SaPudar , Notary Public, (Here insert name and title of the officer) personally appeared MallheW Mo"e'} who proved to me on the basis of satisfactory evidence to be the(p(s) whose<i-mt(s):.-i3/are subscribed to al4'i,s:W' :'.:o=:e :(::i:ffl::4y:;:::?,.3,:Te,, n .\'::':,':,ar:,:;:fl%_Jhin (capfi%( wmthe s) acted, executed the mstrument.B6on-;g- I ceitify under PENALTY OF PERJ[_JRY under the laws of the State of Califoinia that the foregoing paragraph is true and correct. ! & & & & & & & & & & & & f 4 M LALIREN SAPUDAR . ?a ' a' Commission # 2409121 4 WMy Comm. Explres Jun 28, 2026 $ rihiyi Ql-(I T 1 J lWI/, ?7)/(1,!S,/m),,y,h( kand_ :JJ Jfficial seal. iz NotasarynuPucbilaicra-cCoaulinfowrnta :'i ,,!, ,;,aJOf Notary Public 11j(lk(117 '-r'aa'i a x & IP i. ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any aclcnowledgrnent completed in California must contain verbiage exactly as DESCRIPTION OF THE ATaTACHED DOCUMENT appears abosie in the notary section or a separate acknowledgmentfr:rrm must be properly cornpleted and attached to that document. The only exception is if' a document is to be recorded outside oj'California. In such instances, any alternative (Title or description ofattached dOcumeno aCl(llOWleagmen[ llerDlage aS mail De prln[ea On SuCn a aOCument SO rang aS tlle verbiage does not require the notary to do something that is illegal for a notary in California (r.e. certifiring the authorized capacity ofthe signer). Please check the (Title or desc ription of attache d do c ument cont+n' ue a) aOCumenl CarffilllJ J Or proper nO[arlak WOralng ana a[raCn tnlS JO1'm i7 reqllVe(I. * State and County infonnation inust be the State and County where the docuinent NumberofPages- DocumenkDa'e signer(s)personallyappearedbeforethenotarypublicforacknowledginent. ii Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgn'ient is completed. (Additional infonnation) * The notary public must pit his or her name as it appears within his or her coinmission followed by a coinma and then your title (nohiry public). ii Pr'nt the naine(s) of document signer(s) who personally appear at the time of notarization. CAPACIIY CLAIMED BY THE SIGNER a Indicate the correct singular or plural fomis by crossing off incorrect fonns (ie a Individual (s) he/sheAhey- is /ops ) or circling the correct fonns. 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If seal iinpression smudges, re-seal if a (Title) sufficient area pei'+nits, othenvise complete a different acknowledginent fonn. € Partner(s) * Signature of the notary public must match the signature on file with the office of the county clerk. € Attorney-in-Fact *:* Additional infonnation is not required but could help to enSllI'e this OTrustee(s) acknowledginentisnotmisusedorattachedtoadifferentdocument. z Other /** Indicate title Or type of atkached docuinent, nuniber of pages and date. - *.' inaicate tne capacity ciaunea tiy tne signer. rt uie ciauned capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). * Securely attach this document to the signed docuinent C2004-20l5ProLiiikSigningSenrice.Inc -AIIRightsRetervedwww.TheProLinkcom-NationwideNoiar)aService C 20041-2015 p}OLlllk Signing SeiviCe. InC. - All Riglilt Reierved iflviV TllepTOLilik Cam - Naiionwide Notary Service