23-116 Maintenance Agreement, 20565 Valley Green Drive APN 326-10-044RECORDING 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
2554512 €
Regiria Qlcomendras
Sarita Clara County - Clerk-Recorder
le/13/2e23 e3 lel Pr'l
Titles: I Pages : 9
Tota I : %(h. Oel
(SPACE ABOVE THIS LINE FOR RECORDER"S USE)
MAINTENANCE AGREEMENT
20565 Valley Green Drive, Cupertino, CA 95014 APN 326-10-044
r:J Original
0 Conformed Copy
MAINTENANCE AGREEMENT
20565 Valley Green Drive, Cupertino, CA 95014
APN 326-10-044
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this IA
day of%20 23 ,by Public Storage, a Maryland real estate investment trust, as successor
to Storage Equities, Inc., a California Corporation ("Declarant"), and the City of Cupertino
(l- (2 it ,,) } )
RECITALS:
The following recitals are a substantive portion of thisAgreement:
A. The real property and improvements that comprise the Public Storage Redevelopment
("Property") is located at 20565 Valley Green Drive (APN 326-10-044) witliin the City of
Cupertino, County of Santa Clara, State of California as described in Exhibit "C".
B. As set forth, the provisions of this Agreement are intended to and shall run with the
Property and be binding upon all owners, successors and assigns of the Property, or anyportion.
C, The purpose of this Agreement is to allocate the costs of maintenance, repair and
replacement between Declarant and the City of certain facilities, including trees and fences, that
are situated on the Property owned by the Declarant within an easement granted to the City as
described in Exhibit "A" and shown in Exhibit "B" ("Trail Easement"), and to establish certain
criteria and procedures for the accomplisent of n'iaintenance, repair and replacement.
NOW, THEREFORE the parties hereto agree as follows:
1, Covenants Running with the Land; Property Subject to Agreement: All of the Property
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 title in tlie Property or
any portion and shall be for the benefit of each owner of any of the parcels or any portion of tlie
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 constnied 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 good condition, all trees, fences and the areas south of the fences located within the Trail
Easement. The areas north of the fences, including the trees, within the Trail Easement shall
remain the maintenance responsibility of the Declarant until such time that the City awards for
construction a trail project within the easement area. Upon award of construction, the area north
of the fences, including the trees, within the Trail Easement will become tlie maintenance
responsibility of the City.
l
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 Trail Easement in good and useable condition under all weather
conditions. The Trail Easement shall be maintained to the standards and specifications to which,
at a minimiun, they were originally constructed as evidenced by plans and specifications on file
with the City of Cupertino and/or provided to the Declarant. 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: Declarant shall reasonably
comply with all decisions made by the City in its reasonable discretion regarding the need for
maintenance, the implementation, the removal, and any particular other matters relating to this
Agreement.
5. To the fullest extent allowed by law, Declarant sliall 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 Trail Easement, 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 orit 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 City's
agents, employees and independent contractors.
6. Instirance 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
$2,000,000.00, which may be obtained or met througli a combination of primary and
umbrella/excess coverage.
7. 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, the
prevailing party in the action or arbitratiori shall be entitled to reasonable attorneys' in addition to
all other recoverable costs, expenses and damages.
8. Further Documents: The parties covenant and agree that they shall execute fiirther
documents and instructions as shall be necessary to fully effectuate the terms and provisions of
this Agreement.
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, whetlier written
or oral. There are no representations, agreements, arrangements or undertakings, oral or written,
which are not fully expressed herein.
2
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 the 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. Choice of Law; Choice of Forum: The validity, interpretation, construction and
performance of this Agreement shall be governed by the laws of the State of California. The parties
agree that any action arising from this agreement. Any disputes arising out of or related to this
Agreement shall be heard only in Superior Court of California, Santa Clara Corinty, to the
exclusion of all other courts and fora.
14. 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 dociunents, the most recently duly executed and recorded amendment
shall be controlling.
Executed the day and year first above written.
DECLARANT:
Public Storage, a Maryland real
estate investment trust
B7:(notary acknowledgement attached)
Name: ,';akeroyl 1. i hnlrr
Title: \/-c-e Prig-
CITY OF CUPERTINO
k)=xu
Approv to rm
pher D. J
City Attorney
3
WBkF
Esr.untas - Suowvot< Ptiuvrws
EXHIBIT "A"
Legal Description
TRAIL EASEMENT
Lands of Storage Equities, Inc.
August 6, 2020
BKF No. 20176262
Page 1 of I
Real property in the City of Cupertino, County of Santa Clara, State of California, and is described as
follows:
TRAIL EASEMENT:
Consisting of the most northerly 12 feet of Parcel 4, as said Parcel is shown on that certain Parcel Map
recorded August 9"', 1974, in Book 344 of Maps, on Pages 9 and 10, Santa Clara County Records, more
particularly described as follows:
BEGINNING at the northwesterly corner of Parcel 4, as said Parcel is shown on said Map;
1. Thence along the northerly line of said Parcel 4, North 89o39'30" East, 111.78 feet;
2. Thence South 86o44'48" East, 491.83 feet;
3. Thence South 83ol3'05" East, 182.78 feet;
4. Thence South 76o5 1 '37" East, 126.36 feet to the northeasterly corner of said Parcel 4;
5. Thence leaving said corner, and along the easterly line of said Parcel 4, South Oo06'09" East,
12.33 feet;
6. Thence leaving said easterly line, parallel to the northerly line of said Parcel 4, and offset 12 feet
Soritherly therefrom, the following cotirses and distances:
* North 76o51'37" West, 128.51 feet;
* North 83ol3'05" West, 181.74 feet;
* North 86o44'48" West, 491.08 feet;
* South 89o39'30" West, 111.57 feet to a point on the westerly line of said Parcel 4;
7. Thence along the westerly line of said Parcel 4, North Oo28'04" East, 12.00 feet to tlie said
northwesterly corner of Parcel 4, and the POINT OF BEGINNING.
Containing an area of 10,954 square feet, or O.25 acres, more or less.
As shown on EXHIBIT "B" attached hereto and made a part hereof.
This legal description was prepared by me or under my direct supervision in conformance with the
requirements of the Professional Land Surveyors Act.
BKF Engineers
P.L.S. No. 7625
06-15-2020
Dated
PoB uNETABLE
,6 NO. BEARING LENGTH
<", <" Ll N89'39'30"E 111.78'
4 $ L2 S83'13'05"E 182.78'I'%11
L3 S76'51'37'E 126.36'
a% L4 SOO'06'09'E 12.33'
L5 N76'51'37'W 128.51'
S S '(/, L6 N83'13'05'W 181.74'
12' WIDE s ' . . . ,
mAIL EAsEMENT } r, <', L7 S89 39 30 W 111.57s s 'k 010,954 SO FT* l }
+,,eer@y, S%,,,,5i% L8 hooaza'o+"c 12.00'
ee;X, % X +'e
e:AXY9,oeXy'J<e,'S,-%4
'4,%714 X S
,,>,e4,,% X
X'o'l@' X %S
O s '-,7 , "..
S-,
a '-??:p_,,,1,!,_'(cj7%% 7
.a=== ,- 'S ':','3 C),,
" ., %
* !_.s. 25 * X ,X, "St::<<7>-r X ________ ______, 7, <' (Xe
'aa0"X(,,F C,xy\V8"' ,X;$,pO X1-7' -& <Q.e - =.6,,py,
SQ, 0
0
76'
m Sa-'S
"'S S[:XISTING LOT LINE
- - - - NEIGHBORING LOT LINE
- - - - PROPOSED EASEMENT
P.O.B. POINT OF BEGINNING
L4
(!tAPHIC SCALE
10o o 100 200 EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPnON
1730 H. FIRST STREET SubjeCt jTORAGE EQUlnES* INC-mAIL EASEMjN__T
IN"'Q'ff& SUITE600 20565VALLEYGREENDR-iCUPERnNO-CA '! @ SAN JOSE, CA 95112 Job No, 20176262
ffli 90 € 408-467-9100
I tyQNnS/suR/PuwNm 408-467-9199 (") By____LR5____paDcacte_3232-0-%0r Ih\JDo-
uNE TABLE
NO.BEARING LENGTH
Ll N89'39'30"E 111.78'
L2 S83'1 3'05"E 182.78'
L3 S76'51'37'E 126.36'
L4 SOO'06'09'E 12.33'
L5 N76'51'37'W 128.51'
L6 N83'13'05'W 181.74'
L7 S89'39'30"W 111.57'
L8 NOO'28'04"E 12.00'
Exhibit C
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, ST ATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL OF PARCEL FOUR, AS SHOWN UPON THAT CERT AIN PARCEL MAP
RECORDED AUGUST 9, 1974 IN BOOK 344 0F MAPS AT PAGE 10, SANTA CLARA
COUNTY RECORDS,
APN 326-10-044
CALiFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual wlio signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
Coru"ityof U( f'ila)qoHr
On g,h /'2_3 J before me, b(7r(la9 tartar ,NotarvPublic.ll
personally appeared ( h . n I Ll. n d e r (Here insert name and title of tlie officer) o . a II
who proved to me on the basis of satisfactory evidence to be the person(s) wl'iose name(s) is/are subscribed to
the witliin instrument and acknowledged to me that he/she/tl'iey executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or tl'ie entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJ{_JRY under the laws of the State of California that the foregoing paragraph
- % 4% %4h & & & & 4)' & €& '&' &
IS true andcorrect. 4 & LESIIEFARIAS: J, sotary Public i California .
B% LosAngelesCounty t Commission # 2448091 -a j$my hand and official seal. I MY Comm.Expires May 28, 2027 r'49' -an -ll/'all"lui"'lm"'i!,
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State of Califoinia
Countyof Santa Clara
( n October 4, 2023 before me, Lauren Sapudar , Notary Public,
' (Here insert name and title of the officer)
personally appeared Chad MOsleY
who proved to me on the basis of satisfactory evidence to be the person% whose name$) _is/are subscribed to
the within instrument and acknowledged to me that _he/she/they executed the same in his/her/their authorized
' capacity(-, and that by his/her/their signature@ on the instrument the person%, or the entity upon behalf of
which the person% acted, executed the instrument.
I ceitify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
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