23-053 Stormwater Management Facilities Operation and Maintenance Agreement, APN 326-10-066RECORDtNG REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
DOCUMENT 22137234
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Fees
Taxes
Copies
AMT PAID
No Fees
F1EG1+4A ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
C ! "t '7'
RDE H G3G)5
3/19/2G313
i9'22 AM
NO FEE IN ACCORDANCE
WITH GOV, CODE 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
STORMWATER MANAGEMENT F ACIIjTIES
OPERATION AND MAINTENANCE AGREEMENT
20620 Homestead Road
APN 326-10-066
Sobrato Interests 1, a California limited partnership, formerly known as and who
originally took title as Brokaw Interests, a California Limited partnetship, as to an
undivtded seventy seven and one-half percent (77.5o/o) tenancy in common interest
and Sobrato Interests 2, a Califomia limited partnership formerly known as and who
originally took title as Campus Puk Associates, a California limited parhiership, as
to an undivided twenty two and one-half percent (22.5%) tenancy in common interest
Original
0 For Fast Endorsement
RECORDED AT THE REQUEST OF
and
WHEN RECORDED RETURN TO:
SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER MANAGEMENT FACILITIES
OPERATION AND MAINTH,NANCE AGREEMENT
APN q
20620 Homestead Road, Cupertino, CA 95014
by Sobrato Interests 1, a California limited partnership, formerly known as and wtio originally
took title as Brokaw Interests, a California Limited partnership, as to an undivided seventy seven
and one-half percent (77.5%) tenancy in common interest and Sobrato Interests 2, a Califomia
limited partnership fomierly known as and who originally took title as Campus Park Associates,
a California limited 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
Ctipertino ("CITY"
RECIT ALS:
This AGREEMENT is made and entered into with reference to the following facts:
A. The C}TY is authorized and required to regulate and control the disposition of stortn and
surface waters as set forth in the CITY's Stomiwater Pollution Prevention and Watercourse
Protection Ordinance, effective October 15, 2003 (the "ORDINANCE").
B. TheCOVENANTORistheownerofacertaintractorparceloflandmoreparticularly
described in Exhibit "A" attached hereto (the "PROPERTY").
C. The COVENANTOR desires to construct certain improvements on the PROPERTY that
may alter existing stormwater conditions on both the PROPERTY and adjacent lands.
FINAL -l-I 1/25/03
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
maintain, at COVENANTOR's expense, stomiwater management facilities ("FACILITIES"),
more particularly described and shown in the Stormwater Management Plan prepared by
and Going, }nc. and dated January 2, 2013, which plans and any amendmems thereto, are on tile
with the Public Works Department of the City of Cupertino, California, and are hereby
incorporated by reference.
E. The CITY has reviewed and approved the Storm 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 approva) of the
Stormwater Management Plan, the COVENANTOR, hereby covenants and agrees with the
CITY as Follows:
i.Covenants Running With the Land; Property Subject to Agreement: All of the real
property described in Exhibit "A" shall be subject to this AGREEMENT. It is intended
and determined that the provisions of this AGREEMENT shall nin with the land and
shall be binding on all parties having or acquiring any right, title or interest in the reai
property described in Exhibit "A" ("PROPERTY") or any portion 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 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 said property, or
any portion thereof.
2.Responsibility for lnsta!lation, Operalion and Maintenance: At their sole expense, the
COVENANTOR, its successors and assigns, shall construct, operate and perpetually
maintain the FACILITIES in strict accordance with the Stormwater Management Plan
and any amendments thereto that have been approved by the CITY or the ORDINANCE.
3.Faci!ity Modifications: At their sole expense, the COVENANTOR, its successors and
assigns, shall make such changes or modifications to the FA(jLlTIES as may be
determined as reasonably necessary by the CJTY 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
aTY.
4. Facility Inspections by the CITY: At reasonable times and in a reasonable manner as
provided in the ORDrNANCE and the Stormwater Facilities Easement Agreement
FINAL .2- 1}/25/03
applicable to the FACILITIES, the CITY,its agents, employees and coritractors, shall
have the right ofingress and egress to the FACILITIES and the right to inspect the
FACILITIES in order to ensure that the FACILITIES are being properly maintained, are
continuing to perform in an adequate manner and are in compliance with the
ORDINANCE, the Slormwater 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 Stomiwater
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
shal1 have the right, under the Stormwater Management Easement Agreement for the
subject property, to enter the PROPERTY to perform remedial work, for which the
CITY will collect reimbursement for such work from COVENANTOR. In addition, the
CITY may pursue other such remedies as provided by law, including, but not limited to,
such civil and criminal remedies set forth in Sections 9. )8. 190, 9. 18.230 and 9.18.250 of
the ORDINANCE.
The COVENANTOR, its successors and assigns, shall defend, indemnify,
and hold the CITY hairnless of and from any and all claims, liabilities, actions, causes of
action, and damages for personal injury and property damage, including without
limitation reasonab!e attorneys' fees, arbitration fees or costs and court costs, arising out
of or related to the COVENANTOR'S, its successors' and/or assigns' constniction,
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 C}TY'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.
7. Obligations and Responsibilities of COVENANTOR: Initially, the COVENANTOR is
so]ely responsible for the performance of the obligations required hereunder and, to the
extent permitted under applicable law, the payment of any and all fees, fines, and
penalties associated with such performance or failure to perform under this
AGREEMENT. Notwithstanding 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 simpie title to the Property or any portion thereof (a "Transfer") to a third party (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 portion of the
PROPERTY included in such Transfer, but such release shal) 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 CITY. The provisions of the preceding three sentences shall be
F)NAL -3- li/25/03
applicable to the original COVENANTOR and any successor Transferee who has
assumed the obligations and responsibilities of the COVENANTOR under this
AGREEMENT as provided above.
8. 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 enforce this AGREEMENT, or to obtain damages for any alleged
breach hereof, the prevailing party in such action or arbitration shall be emitled to
reasonable attomeys' or arbitrators' fees in addition to all other recoverable costs,
expenses and damages.
10. Further Documents: The parties covenant and agree that they shall execute such further
documents and instructions as shall be necessary to fully effectuate the terms and
provisions of this AGREEMENT.
11. Entire Agreement: This AGREEMENT constitutes the entire agreement of the parties
with respect to the subject matter contained herein and supersedes aH prior agreements,
whether written or oral. There are no representations, agreements, arrangements, or
underrakings, oral or written that are not fully expresses herein.
12. in the event any part or provision of this AGREEMENT shal) be
determined 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 shall, nevertheless, continue in full force and effect.
13. Thewaiverofanycovenantcontainedhereinsha11notbedeemedtobea
continuing waiver of the same or aiiy other covenant contained herein.
14. Amendment: This AGREEMENT may be amended in who!e or in pari only by mutual
written agreement. Any such amendment shall be recorded in Santa Clara County,
California. ln the even any conflict arises between the provisions of any such
amendment and any of the provisions of any earlier document or documents, the most
recently du)y executed and recorded amendment shall be contro11ing.
15. In the event that the CITY shall determine at its sole discretion at any future time that the
FACILlT[ES are no longer required, then at the written 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, shall record in the Clerk's OtTice, at
its/their expense.
FINAL -4-Ii/25/03
Executed the day and year first above written.
GRANTOR:
Sobrato Interests l (fomierly Brokaw Interests)
SOBRATO INTERESTS 1, a Caliromia limited partnership
By: Sobrato Development Companies, LLC,
a Cala limited liability company
General
Sobrato
Sobrato Jnterests 2 (fomierly Campus Park Associates)
SOBRATO rNTERESTS 2, a Califomia limited partnership
By: Sobrato Development Companies, LLC,
aCalifomia itedliabilitycompany
General
John
(Notary acknowledgment to be attached)
CITY OF CUPERTINO:
Title: Director of Public Works
FINAL -5-I1/25/03
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EmlBIT "B" - STORMWATER
FACILITY MAINTENANCE EASEMENT
HOMESTEAD SQUARE - PHASE 2
Cupertino California
.1' oats:"to-ii-isi i Jiib @: 11007C Dnm.: R!Y
Dept.:Cnm. i ScaJe: 1%160'Chkd.: BJ!I
Exhibit "B"
Stormwater Facility Maintenance Euement for
Lands ofSobrato Interests 1/ 8obrato Interests 2
A Stomiwater Facility Maintenance Easement for the purpose of installation, operation,
maintenance, modification, and inspection of stormwaier treahnent facilities, described as
follows:
All that real property in the City of Cupertino, County of Santa Clara, State of Califomia, being
more particularly described as follows:
Being a poion of Parcel One, Parcel Two, and Parcel Three of Lrot Line Adjustment Document
No. 21402631 of Official Records, and further described as follows:
Beginning at the most Southeasterly corner of mid Parcel One, said point being the Point of
Beginning; thence South 89o47'00" West 1044.28 feet; thence along the easterly line of Franco
Court North 00"02'52" East 573.21 feet; thence along a curve to the right with a mdius of 40.00
feet, through a central angle of 89"44'08", for a distance of 62.65'; thence along the southerly
line of Homestead Road North 89"47'00" East 687.27 feet; thence South 00ol3'00" Eam 320.54
feet; thence North 89o47'00" East 292.38 feet; thenw South 00ol3'00" East 170.57 feet; thence
North 89o47'00" East 21.99 feet; thence South OOoU'OO" East 121.90 feet to the Point of
Beginning.
And, excepting therefrom, the area within 5 feet of the proposed building limits as shown on
Exhibit "B".
Containing 327,000 Square Feet, or 7.51 Acres, more or less.
APN 326-10-066
Pqoared bv:
Ruth and Going, mc.
2216 The Alameda
Santa Clara, CA 95050
(408) 236-2400
R-)-Ci Job #l 1-007A
Exp.3- 713
It,ltilBa(
State of California
On
MAZZONE, a Notary Public in and for said County and State, personally
appeared,JOHN MICHAEL SOBRATO
who proved to me on the basis of satisfactory evidence to be the person(g)
whose name(s) is subscribed to the within instniment and acknowledged
to me that he executed the same in his authorized
capacity(iJ, and that by his signature(g) on the instniment the
person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing is tnie and correct.
CAllFOflNIA A11-PURPO8&' Af'r<lWl @ne@lfif!ff cmconaliiai
State of Califomia
County ot ran h C{xiq
On fil . /i, 7,,13
Dale
personally appeared
Namels) of SignJa)
KIRSTEN RENEE SaUARCIA
Commiulon # 1906898
who proved to me on the basls of satisfactory
evidence to be the persong30 whose name%re
subscribed to the within instrument and adinowledged
to me that7'3/she/they executed the same In
person(s), or the entity upon behalf of which the
person(J) 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.
WITNESS my hand and official seal.
flxe Noiaq Seal A50Vtl Signaim ol Notary PubNc
OrTIONAL
Though Ihe inlomallon below /s ml requked by law. rk may prove valuab(e to (x.rwns mlyrng on Ihe dociimen!
and muld prevem fraudulenr removal and reattachmenf o! khls ram lo anolher document
Capacity(les) Claimed by Signer(s)
Signer's Name:
€ Corporate Officer - Title(s)
€ Individual
€ Partner - [] Limited € General
€ Attomey in Fact
p Truatee
€ Guardian or Conservator
Other:
Siqner's Name:
n Corporate Officer - Title(s):
Individual
LI Partner - 0 Limited € General
€ Attorney In Fact
[1 Trustee
€ Guardian or Conseivator
€ Other:
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Slgner Is Representing:Signer Is Representing:
0 2010 Nabonal Nolaiy Aaseoalicn - NalionalNolay or@ a 1a)-US NOTARY ( l -B1X147!k6B27)Itsm ffi5907
-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 Stormwater Management Facilities Operation and
Maintenance Agreement with
20620 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:March 12, 2013
By:
Brittany "Garey
City Clerk's Offi