23-052 Stormwater Management Facilities Operation and Maintenance Agreement, APN 326-10-063RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, M AIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
DOCUMENT: 2'l830296
llllllllllllllllllllllllllllllllltllllllllllllllllllllll
Pages: IB
Fees - No Fees
Taxes
AMT PA I D
PEGI NA ALCOMENDRAS
SANTA CLARA COUNTY FIECORDER
Recorded at the request of
City
RDE H (301
8/:%3/2G312
I :38 PM
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
(SPACE ABOVE THIS LiNE FOR RECORDER'S USE)
STORMWATER MANAGEMENT FACILITIES
OPERATION AND MAINTENANCE AGREEMENT
APN 326-10-063
20580 Homestead Road
Brokaw Interests, a California limited partnership, as to an undivided seventy
seven and one-half percent (77.5%) tenancy in common interest and Campus
Park Associates, a Caltfornia limited partnership, as to an undivided twenty
two and one-half percent (22.5o/o) tenancy in common interest
CJ For Fast Endorsement
g Orig nal
RECORDED AT THE REQUEST OF
and
WHEN RECORDED RETURN TO:
SPACE ABOVE FOR RECORDER'S USE ONLY
STOMATER MANAGEMENT FACILITIES
OPERAT{ON AND MAINTENANCE AGREEMENT
APN i
20580 Homestead Road, Cupertino, CA 95014
by Brokaw Interests, a Califomia limited partnership, as to an undivided seventy seven and one-
ha]f percent (77.5%) tenancy in common interest and Campus Park Associates, a Califomia
)imited partnership, as to an undivided twenty two and one-half percent (22.5%) tenancy in
common interest, (hereinafter referred to as "COVENANTOR") and the City of Cupertino
RECIT ALS:
This AGREEMENT is made and entered into with reference to the following facts:
A. The CITY is authorized and required to regulate and control the disposition of stomi and
surface waters as set rorth in the CJTY's Stomnwater Pollution Prevention and Watercourse
Protection Ordinance, effective October 15, 2003 (the "ORDTNANCE').
B. The COVENANTOR is the owner of a certain tract or parcel ofland more particularly
described in Exhibit "A" attached hereto (the "PROPERTY").
C. The COVENANTOR desires to construct certain improvemems on the PROPERTY that
may alter existing stormwater conditions on both the PROPERTY and adjacent lands.
D. To minimize adverse impacts due to these anticipated changes in existing storm and
surface water flow conditions, the COVENANTOR is required by the CITY to build and
FINAL -l-I 1/25/03
E. The CiTY has reviewed and approved the Stomi Water Management Plan subject to the
execution of this AGREEMENT.
NOW, THEREFORE, in consideration of the benefit received and to be received by the
COVENANTOR, its successors and assigns, as a result of the CITY'S approval of the
Stormwater Management Plan, ihe COVENANTOR, hereby covenants and agrees with the
CITY as follows:
1.Covenants Running With the Land; Property Subject to Agreement: All of the real
properiy described in Exhibit "A" shall be subject to this ACiREEMENT. It is intended
and determined that the provisions or 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" ("PROPERTY") or any ponion thereof and shall be for
the benefit of each owner of any of said parcels or any portion of said property and shall
inure to the benefit of and be binding upon each successor in interest of the owners
thereof. Each and all or 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 said property, or
any portion thereof.
2.Responsibility for Instaliation, Operation and Maintenance: At their sole expense, the
COVENANTOR, its successors and assigns, shall construct, operate and perpetually
maintain the FACILITIES in stricl accordance with the Stomiwater Management Plan
and any amendments thereto that have been approved by the CITY or the ORD}NANCE.
3.Facility Modifications: At their sole expense, the COVENANTOR, its successors and
assigns, shall make such changes or modifications to the FACILIT}ES as may be
determined as reasonably necessary by the CITY to ensure that the FACILITIES are
properly maintained and continue to operate as originally designed and approved. Any
changes or modifications may be made only with prior written authorization by the
CITY.
4.Facility }nspections by the C)TY: At reasonable times and in a reasonable manner as
provided in the ORDINANCE and the Stormwater Facilities Easement Agreement
applicable to the FACILITIES, the CITY, its agents, employees and contractors, shall
have the right ofingress and egress to the FACILITIES and the right to inspect the
FINAL -2-11/25/03
FACILITIES in order to ensure that the FACiLlTlES are being propedy maintained, are
continuing to perform in an adequate manner and are in compliance with the
ORDINANCE. the Stormwater Management Plan and any amendments thereto approved
by the City.
Failure to Perform Required Facility Repairs or Modifications: Should either the
COVENANTOR or its successors and assigns fail to correct any defects in the
FACILITIES in accordance with the approved design standards and/or the Stormwater
Management Plan and in accordance with the law and applicable regulations of the
ORDINANCE within the time specified in a written notice from the CITY, the CITY
shall have the right, under the Stormwater Management Easement Agreement for the
subject property, to enter the PROPERTY to perform remedia! work, for which the
CITY will collect reimbursement for such work from COVENANTOR. ln addition, the
CITI may pursue other such remedies as provided by law, including, but not limited to,
such civil and criminal remedies set forth in Sections 9. 18.)90, 9.18.230 and 9. 18.250 of
the ORDINANCE.
The COVENANTOR, its successors and assigns, shall defend, indemnify,
and hold the CITY harmless of and from any and al) claims, liabilities, actions, causes of
action, and damages for personal injuiy and property damage, including without
limitation reasonable attomeys' fees, arbitration fees or costs and court costs, arising out
of or related to the COVENANTOR'S, its successorsa and/or assigns' construction,
operation or maintenance of the FACILITIES except to the extent that such claims,
liabilities, actions, causes of action, and damages arise out of or related to the CITY's
negligence and/or intentional conduct or the negligence or intentional acts of any of the
CITY'S employees, agents, representatives, contractors, vendors, or consultants.
ObligationsandResponsibilitiesofCOVENANTOR: Initially,theCOVENANTORis
solely responsible for Ihe perfomiance of the obligations required hereunder and, to the
extent permitled under applicable law, the payment of any and aH fees, fines, and
penalties associated with such performance or failure to perform under this
AGREEMENT. Nohvithstanding any provisions of this AGREEMENT to the contrary,
upon the recordation of a deed or other instrument of sale, transfer or other conveyance of
fee simple title to the Property or any portion thereof (a "Transfer") to a third paity (the
"Transferee"), the COVENANTOR shall be released of all of its obligations and
responsibilities under this AGREEMENT accruing after the date of such Transfer to the
extent such obligations and responsibilities are applicable to that ponion of the
PROPERTY included in such Transfer, but such release shall be expressly conditioned
upon the Transferee assuming such obligations and responsibilities by recorded written
agreement for the benefit of the CITY. Such written agreement may be included in the
Transfer deed or instrument, provided that the Transferee joins in the execution of such
deed or instrument. A certified copy of such deed, instrument or agreement shall be
provided to the C}TY. The provisions of the preceding three sentences shall be
app1icable to the origina) COVENANTOR and any successor Transferee who has
assumed the obligations and responsibilities of the COVENANTOR under this
FINAI -3-I1/25/03
ACiREEMENT as provided above.
Property Transfer: Nothing herein shall be construed to prohibit a transfer by the
COVENANTOR to subsequent owners and assigns.
Attorneys' Fees: In the event that any party institutes legal action or arbitration against
the other to interpret or enf'orce this AGREEMENT, or to obtain damages for any alleged
breach hereof, the prevailing party in such action or arbitration shall be entitled to
reasonable attomeys' or arbitratorsa fees in addition to all other recoverable costs,
expenses and damages.
10. Further Documents: The panies covenant and agree that they shall execute such further
documents and instnictions as shall be necessary to fully effectuate the terms and
provisions of this AGREEMENT.
II. EntireAgreement: ThisAGREEMENTconstitutestheentireagreementoftheparties
with respect to the subject matter contained herein and supersedes a]l prior agreements,
whether written or oral. There are no representations, agreements, arrangements, or
undertakings, ora! or written that are not fully expresses herein.
12. In the evenl any part or provision of this AGREEMENT shal] be
detemiined to be invalid or unenforceable under the laws of the State of California, the
remaining portions of this AGREEMENT that can be separated for the invalid,
unenforceable provisions sha)1, nevertheless, continue in full force and effect.
13. No Waiver: The waiver of any covenant contained herein shall not be deemed to be a
continuing waiver of the same or any other covenant contained herein.
14. Amendment: This AGREEMENT may be amended in whole or in part only by mutual
wrmen agreement. Any such amendment shall be recorded in Santa Clara County,
Califomia. In the even any conflict arises between the pmvisions 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.
15. In the event that the CITY shall determine at its sole discretion at any fuhire time that the
FACILITIES are no longer required, then at the writien request of the COVENANTOR,
its successors and/or assigns, the city shall execute a release of this AGREEMENT which
the COVENANTOR, it successors and/or assigns, shail record in the Clerk's Office, at
its/their expense.
I:INAL -4-I1/25/03
Executed the day and year firsi above writien.
ledgment to be attached)
Brokqw I.n+eresk qbtl Cqmipvs krk-
CITY OF CUPERTINO
FINAL .:5.I1/25/03
-NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27383 of the Government Code.
This is to certify that the maintenance agreement with
20580 Homestead Road
and the City of Cupertino, a governmental agency is hereby accepted by the Public Works
Director, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: June 26, 2012
BY:
F,xbibitA
LEGAL DE!iMON
Real proparty in the City of Cupertfno, County of Santa aara, State of Callfomia, deso'ibed as
followsi
PARCa ONE:
PARCEL A, SO DES}GNATED AND DEuNEATED ON ThlE PARCEL MAP RECORDED AUGUST 10,
1970 IN BOOK In OF MAPS, PAGE 5, SANTA aARA Cal)NTY RECORDS.
EXCEFTING THEREFROM THE RIGHT TO PUMP, TAKE OR OTHERWLSE EXTRACT WATER FROM
THE UNDERGROUND EIASIN OR ANY UNDERGROUND BASm, AS GRANTED BY SKAGGS PAY
LESS DRIJG STORES AND TRANSAMERICA TITLE INSURANCE COMPANY TO THE CJIY OF
(-IJP!ten!iBYQLllTCl-AJMDEEJ)ANDALJ'THOFL[ZnONRE'CC)RDET)AJ"RJL29il970lNBK
8905, PAGE 622, OFFIaAl RECORDS.
PARCa TWO;
F'ARCEL 1, AS SHOWN ON THE PARCEL MAP FllED DECEMBER 7, 1988 IN BOOK 594 0F MAPS,
PAGE 9, SANTA aARA COUNTY RECOROS.
EXaPllNG THEREFROM THE RIGHT TO PUMP TAKE OR OTHERW!SE EXTRACT WATER FROM
THE uNDERGROtlND BASIN OR ANY UNDERGROUND BASIN, AS GRANTED BY SKAGGS PAY
LESS [)RUG STORES AND TRANSAMERJCA TnlE INSURANCE a)MPANY TO THE Cm" OF
CIIP ERnNO- BY QUITCLAIM DEED AND ALJ"n'lORIZAnON RECORDED APRTL 29i 1970 IN BOOK
8905, $"AGE 622, OFFIClAt RECDRDS.
PARCELTHREE:
PARCEL A, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON MARCH 29,
1977 IN BOOK 391 0F MPS AT PAGE 46, SANTA CLARA COUNTY RECORDS.
EXCEP11NG THEREFROM THE RIGHT TO PUMP TAKE OR OTHERMSE EXTRACT WATa FROM
THE UNDERGROU?ID BASIN OR ANY UNDERGROUND BASIN, AS GRAN?ED BY SKAGGS PAY
LESS DRUG STORES AND TRANSAMERICA mlE tNSllRMCE COMPANY TO THE C[TY OF
alPERTINO, BY QUrTaA[M DEED AND ALTTHORJZAT?ON REa)RDED APRIL 29, 1970 IN BOOK
8')05, PAGE 622, OFFICIAL RECORDS,
APN: 326-i0-051 (Affeds Parcel A of Parce! Three); 3!6-10-060 (Affects Parcel 1 of Parcel Two)
and 326-10-D63 (Affeds Parcel A of Parcel One)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of s;-t-z
On Bjo=.i /O / Zoii beforeme, TES QAz-zz=i<6 , ioy4ey !&Ll c_g
(Hae iramuJme and tiueofTheofnoer)
personallyappeared uCM"a A. yo
' who proved to me on the basis of satisfactory evidence to be the person('s)whose name@is/assubscribed to
the within instnunent and acknowledged to me that he/sm!they executed the same in his/her/th* authorized
capacity0ag), and that by his/her/tha# signahire('s) On the instniment the person(s), or the entity upon behalf of
which the person($acted, executed the inshument.
Icertify under PENALTY OF PERJURY under the laws ofdie State of California that the foregoing pamgraph
is tnie and cormt.
J""""""/5%_ B. M'AZZONE" " 'l Commission # 1818382 K
WlTNESSmyhandandofficia)seal. i5 NotaryPublic-Calllornia i2 s; Santa Clara COunly -<' 3 MvComm.E+iolresOcugxotzt ru.i.-. c ii r iiiiiiii @ y * Q@ y z t - , , % ., % % [ .
a-f'-""' """"' -------------= '
jL_ _ I
ADDITIONAL OPTIONAL INFORMATION "-- '
INSTRUCTIONSFORCOMPLETINOTH[SFORM '
Any rxkmw?dynm mmphtei In Callfrinila must conraln verb's am!y ai
DES(.RIPTa[ON OF THE ATTACHED DOCUMENT appairi abes bi the mtmy xmlm ar ii sepa admie%mm Am muff &
pmperly mwpleied and mkbchul m rhet rbeument. The m?y aceprlan b d a
kmm is m be remk! OIIII&!I 4Callfrirnlv in mA Imtmui, erg alrmuxtk
(Ti'tlo ,m;5no'ra l) I1 !Onaai'kqp nm mprlre rh mawy l(l do sormhlng Thm b Iffeyd pv g tmmy In
Crdlfla (7.i. Jyhz rh* auh ld ofrhe signed. Pkua c?reck Ihe
Ji'dep6onofidim) 'l'fflenLMuQJ9'rlNaa(LnMUJaU i
i Number of pag,. Document Date- I SJe and County WnmtiOn mugl be the Stale atxl County where die document
i aigmti) pmomlly Wore thenoUq public rm acknowWgmen Ib Date or nouu4zadon must ba h dkie Toe iipi4) penomlly appaaied whidi ,
must sk be the sma data lha acknowTod@mil is aimpkbd.
(Additional inrmmdion) h The wtary public muil p$t_his or hg,.u it ippan within hii or he
commluioo follo by a cmmna aid Then your bde (my public).
s %nt dx taiJi) of dmmiait xigm$) who pemulty agpese al ihc of
n
CAPACITaY CLAIMED BY afXE SIONER 'l hxli Too aimed mpm or plgal fgms by cma% off i ro (i.a
[1 Individual (s) hv t$JM0 ) IX CffC% l!)a comxl roma Fli}ul'e la a)ffedl'j l!)aanm lhuinroimition fflllY laid to mjaction or dxurnwl iaimiing.
1 0 Corpomie Officer * notary sal impmsim mud be dmr end phoiogmphially la
i Impmtioe mmt.nJ cave mt or Ima. If mal Imprailea tnmdga, re-sal if a
(ntla) mfncimt amr pamits, dhise oompldc a diffa'ail gknmvlot rom
€ Partner(s) @ Signature or the notary public must nmtdi the ffl on me mth the office tit i
a A'omaY-'F" 'a+"a'%&o'li"ional iaformuion ks noi required bui cou)d help io emsitc ihis :
(J Tnistee(s) acbigwledgmml ffl not misused m atl ki a affamil documenL I
z (z, + lndluta6daorrypeof.atuicheddoeumaiaiimbaorpapudze.
I o imiaui m apaary ctaumo tiy uia s@ar. !I uia eiaimm mpaaty is s
co o&e, idare dos dde (i.e. CEO, CFO. Sec).
a Smm+y attach Ihii documail to the signed docuimil
2008 Venim CAPA vl2.l(1.07 !1(X)-873-9m wwwNotalmes.mm
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared "(1 (n M ';3VJs
who proved to me on the basis of satisfactory
evidence to be the person(d whose name(J is/a
subscribed to the within instrument and acknowledged
to me that he/4/t6y executed the same in
hi authorized capacity0es), and that by
hisr signature(q on the instrument the
person(@, or the entity upon behalf of which the
person(!4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of Califomia that the foregoing
paragraph is true and correct.
%oe No!aiy awl Above F+)gnakiiu of Nokaiy PulJlc
OrTIONAL
Siqner's Name:
Though The rnfomation berm )s nor required by raw. ir may pmve valuable lo persons mtymg on lhe documenl
wd could proven( fmudulent removal and reattachmenr of thiy fom lo anolher documenl. 4
74
Document Date: /\1 5'S1. 10 10 II \!Jumber of Pages:
Capacity(ies) Claimed by Signer(s)
Slgner's Namp:
€ CorporateOfficer-Title(sj:
€ Individual
€ Partner - € Limited € General
€ Attomey in Fact
€ Trustee
€ Guardian or Conserva}or
€ O!her:
Individual Ul9Vil'Ml'l!i)jllll
ffl-lAlnll=lia
Top of thumb here
€iu!lfi*Jil'l!l'll
'a.l1'Til'liffiN
Top o-ffhumb htue
€ Other:
€ Guardian or Conservator
€ Trustee
[1 Partner - [1 Limited € General
C3 Attomey in Fad
n Corporate Officer - Title(s):
WITNESS my hand and official seal.
Signature:
6+gnakiiu ol Nokaiy Pukjk:
Signer Is Representing:Signer Is Flepresenting:
@ MXfii Naiional NoJ Ammbon 4 NalmalNola7 (N!) I 1-am-U8 NOTARY (140M7$8B27)Item 45907