Loading...
24-020 Stormwater Maintenance Facilities Operation, Maintenance and Easement Agreement, 19500 Pruneridge AvenueRECORDING 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 256e3866 Regiria Qlcomendras Santa Clara Courity - Clerk-Recorder e2/29/2el24 11:35 QM Titles: 1 Pages : 28 Fees : $21. €hO Taxes : % Total : $0.Oe NlNimlFJ'KHjtl@Nl'#')?t'(!a#Ul'>Ull (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) STORMWATER MANAGEMENT FACILITIES OPERATION, AND MAINTENANCE AGREEMENT 19500 Pruneridge Avenue, Cupertino, CA 95014 APN 316-06-058 & 316-06-059 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 95014-3202 EXEMPT FROM RECORDING FEES PER GOVERNMENTCODE §6103 Space above this line for Recorder's use. STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 19500 Pruneridge Avenue, Cupertino, CA 95014 APN316-06-058 &316-06-059 This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE A'ISJD EASEMENT AGREEMENT ("Agreement") is made ayid entered into this 2A'y-"day of 7pH,H.1 , 20 J, by IAC at Cupertino LLC, a Delaware limited liability company ("Covenantor") and the City of Cupeitino, a municipal corporation ("City"). Covenantor and City are referred to collectively herein as the "Parties" and each individually as a "Party." 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 dispositioii of stori'n and surface waters as set forth in the City's Stormwater Pollution Prevention and Watershed Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as cuirently in effect and as it may hereafter be amei'ided, the "Ordinance"). B. TheCovenantoristl'ieownerofacertaintractorparceloflanddesignatedasAPN316- 06-058 & 316-06-059 and more particularly described in Exhibit A attached hereto ("Property") C. The Covenantor desires to constnict certain in'iprovements on the Proper'ff that may alter existing stormwater conditions on both the Propeity and adjacent lands. D. To minimize adverse impacts due to these anticipated changes in existing storm and surface water flow conditions, tl'ie Covenantor is required by the City to build and maintain, at Covenantor's expense, stoimwater management and trash capture facilities ("Facilities") as more particularly desciibed and shown in tlie Stormwater Management Plan prepared by Civil Engineering Associates and dated December 4, 2023, whicli plan, togetlier with any and all -l- amendments, including future amendments, tliereto (collectively, tlie "SWMP"), are on file with the Public Works Department of the City of Cupeitino, California, and are hereby incorporated by reference. E. TheCityhasreviewedtheSWMP,andsubjecttoexecutionofthisAgreement,has approved the SWMP. AGREEMENT: NOW, THEREFORE, in consideration of the 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 hereby agree as follows: 1. Covenants Running With the Land; Propeity Subiect to Agreement. All of the Propeity shall be subject to this Agreement. The Paities intend that this Agreement shall taun with the laiid, shall be bindiiig on Covenantor, its successors and assigns, and all parties having or acquiring any right, title or interest in tlie Property or any portion thereof, and their respective successors and assigns, and sliall inure to the benefit of the City and its successors and assigns regardless of whether City has any ownership interest in the Property or any poition thereof or any property adjacent thereto. Every limitation, easement, obligation, covenant, condition, aiid restriction contained lierein sliall be deemed to be, and shall be conshued as a covenant ruiining with the land, and in addition, sl'iall be construed as an equitable servitude, enforceable by any owner of any portion of the Property against any other owner, tenant or occupant of the Property or any portion thereof. Subject to the provisions of Section 9 below, each reference in this Agreement to Covenantor shall mean Covenantor and its successors in iiiterest to the Property or any portion thereof. 2. Responsibility for Installation, Operation and Maintenance. At its sole expense, the Covenantor shall consttuct, operate and perpetually maintain the Facilities in strict accordance with: (a) the Ordinance, (b) manufacturer's recommendations where applicable, (c) the SWMP and any amendments thereto that have been approved by the City, and (d) all other applicable federal, state and local laws, ordinances and regulations. Covenantor, on an annual basis, shall prepare and deliver to the City Public Works Director, a Maintenance Inspection Report in tlie form attached liereto as Exhibit C or such otlier form as may be required by City from time to time. The annual Maintenance Inspection Report shall identify all completed inspection and maintenance tasks for the reporting period and shall be submitted to the City in order to verify tliat inspection and maintenance of the Facilities liave been conducted as required by this Agreement. Tlie annual report sl'iall be submitted no later than October 15 of each year, under penalty of perjury, to the City Public Works Director or such other member of the City staff as directed by the Public Works Director. Covenantor shall provide in the annual report a record of the volume of all accumulated sediment removed as a result of the haeatment measure(s). Covenantor shall conduct a minimum of one annual inspection of tlie Facilities before the rainy season; this inspection shall occur between August 1st and September 30 each year. More frequent inspectioxis may be required to comply with the maintenance staiidards. The results of -2- inspections sliall be recorded on the Maintenance Inspection Report. 3. Facility Modifications. At its sole expense, the Covenantor shall make such changes or modifications to the Facilities as the City Engineer may reasonably deterinine to be necessary or desirable to ensure tliat tlie Facilities continue to operate as originally designed and approved. Any changes or modifications to tl'ie Facilities may be made only with prior written authorization by the City Engineer or his or her designee. 4. Grant of Basement. Covenantor hereby grants to City a nonexclusive, access and maintenance easement ("Easement") over the Facilities as depicted and described in Exhibit B attached hereto and incorporated herein ("Stormwater Facilities Area") for the purpose of pernnitting tlie City, aiid its employees, agents, contractors, consultatits, to inspect, monitor, maintain, repair and replace the Facilities. Covenantor grants to the City tlie nonexclusive right of ingress and egress to the Stoimwater Facilities Area, from tl'ie existing streets adjoining the Propeity, over the existing drives, walkways and parking areas located on the Property, for purposes connected with any right under this Agreement or the performance of any obligations required by this Agreement. Such access and maintenance easement shall be exercised at reasonable times, after not less than forty-eight (48) hours' prior written notice to Covenantor, except in the event of an immediate threat to public health and safety in which case no prior notice sliall be required, and in a reasonable mai'uier as provided in the Ordinance. 5. Facility Inspections by the City. At reasonable times, after not less than forty-eight (48) hours' prior written notice, except in the event of an immediate threat to public health and safety in which case no prior notice shall be required, aiid in a reasonable maniier as provided in the Ordinance, the City, its agents, employees, contractors, and consultants sliall liave the right of ingress and egress to the Stornnwater Facilities Area for the purpose of inspecting the Facilities to ensure that the Facilities are being properly maintained, are continuing to perform in an adequate mai'u'ier (as reasonably deteriuined by the City Engineer or his or her designee), and are in compliance witli the Ordinarice, the SWMP and any amendments tliereto approved by the City and all other applicable laws. 6. No Barriers. While this Agreement is in effect, Covenantor shall not erect, nor perinit to be erected, any building or structure of any kind within the Stormwater Facilities Area, nor sliall Covenantor fill or excavate within the Ston'nwater Facilities Area without City's prior written consent which shall not be unreasonably withheld, but may be conditioned upon such require'inents as City Engineer determines are reasonably necessary or desirable to ensure proper functioning of the Facilities. 7. Default and Remedies. If following deliveiy of written notice from City and the expiration of a thirty (30) day cure period (except in the event of an iininediate threat to public liealth and safety in which case Covenantor shall commence and complete corrective action as soon as possible following receipt of notice from the City), Covenantor fails to correct any defect in the Facilities in accordance with the approved design standards, the SWA/IP, the Ordinance, and all other applicable state, federal, and local laws, iules, and regulations, or Covenantor -3- otlierwise fails to comply with the maintenance and repair obligations set forth in the SWMP and this Agreement, the City shall have the tight upon delivery of foity-eight (48) hours' prior written notice (except in the event of an iinmediate threat to public health and safety in which case no notice sliall be required) to enter tlie Stormwater Facilities Area for tlie purposes of maintainiiig and repairing the Facilities at Covenantor's expense, and Covenantor shall be obligated to reimburse City for the cost of all such work, including, without limitation, the cost of City staff tii'ne, within thirty (30) days following City's delivery of an invoice therefor, together with documentation of City's costs aiid expei'ises incurred in connection witli the perfoimance of sucli work. If such costs are not paid within tlie prescribed time period, the City may assess Covenantor the cost of the work, and said assessment shall be a lien against the Propeity or may be placed on the propeity tax bill and collected as ordinary taxes by the City. In addition to the foregoing, the City may pursue any otlier remedies provided under law or in equity, iiicluding without limitation, ex parte applications for temporary restraining orders, preliminaiy injunctions and peimanent injunctions enjoining any such violation or attempted violation or default, an order for specific performance, civil and criminal penalties, and the remedies set fortli in Sections 9-18.190, 9.18.230 and 9.18.250 of tlie Ordinance. All such remedies shall be cumulative and not alternative 8. To the fullest extent allowed by law, Covenantor shall indemnify and hold hari'nless 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 in.jury 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 related to tlie ownership, operation, use of the area, maintenance, or failure to maintain, tlie Facilities, or tl'ie Covenantor's performance or nonperformance of his/her duties under this Agreement, or from negligent acts or omissions or willful misconduct of Covenantor, its agents, employees, contractors, or subcontractors, except to the extent any of the foregoii'ig is caused by the negligence or willful miscoyiduct of the CITY or the CITY'S agents, employees and independent contractors. Covenantor sliall, 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 Indemi'iitees (with counsel acceptable to City) in coi'u'iection with this Agreement or arising out of Covenantor's performance or nonperforinance of his/her duties and obligations hereunder, except to tlie extent any of the foregoing is caused by tlie negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 9, Obligations and Responsibilities of Covenantor. Initially, the Covenantor named above sliall be solely responsible for the performance of the obligations required under this Agreement and for the payment of any and all fees, fines, and penalties associated with such perfoimance or failure to perforin under this Agreement. Notwithstaiiding any provisions of this Agreement to the contraiy, upon the recordation of a deed or other instniment of sale, transfer or other conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third paity, the Covenantor shall be released of its obligations and responsibilities under this Agreement accruing after the date of such Transfer to the extent such obligations and -4- responsibilities are applicable to that portion of the Property included in such Transfer. 10. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the Property or any part tliereof by tlie Covenamor to subsequent owners and assigns. 11. Tern'iination and Release of Agreement. hi the event that the City deteri'nines, in the exercise of its sole discretion, at any future time that the Facilities are no longer required, then it promptly shall so notify the Covenaiitor or its successors and/or assigns in writing, aiid at the written request of the Covenantor, the City shall execute a termination and release of this Agreement which the Covenantor shall cause to be recorded in the Official Records at Covenantor's sole expense. 12.Miscellaneous. 12.I Notices. Except as otherwise specified herein, all notices, demands, requests or approvals to be sent pursuaiit to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (a) personal delivery, in which case notice is effective upon deliveiy; (b) certified or registered mail, return receipt requested, in whicli case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; (c) nationally recognized overiiight courier, with cliarges prepaid or charged to the sender's account, in which case notice is effective on deliveiy if delivery is confiimed by the delivery service; or (d) postage prepaid registered or certified mail, iii which case notice shall be deemed delivered on the second busiiiess day after the deposit thereof witli the U.S. Postal Service. City: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: Public Works Director Witli copy to: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: City Attorney Covenantor: IAC at Cupertino LLC 131 Theory -5- Irvine, CA 92617 Attention: General Counsel 12.2 Attoineys' Fees. In the event that either Paity institutes legal action or arbitration against the other to interpret or enforce this Agreeinent, or to obtain damages for any alleged breach liereof, tlie prevailing Party in such action or arbitration s)iall be entitled to reasonable attorneys' or arbitrators' fees in addition to all otlier recoverable costs, expenses and damages. 12.3 Governing Law; Venue. This Agreement shall, in all respects, be governed, construed, applied, and enforced in accordance with the laws of the State of Califoriiia without reference to its choice of laws provisions. Any dispute related to the interpretation or enforcement of this Agreement shall be heard in courts having jiu'isdiction iii Santa Clara County, California. 12.4 Further Assurances. City and Covenantor shall each execute, acknowledge and deliver to tlie other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to fully effectuate the terms and provisions of this Agreement. 12.5 Entire Agreement. Tliis Agreement, together with tlie SWMP, constitutes tlie entire agreement of tlie Parties with respect to tl'ie subject matter contained hereiii and supersedes all prior written or oral agreements with respect thereto. 12.6 Severability. In the event any part or provision of this Agreement sliall be determined to be invalid or unenforceable under tl'ie laws of the State of California, tlie remaining portions of this Agreement that can be separated from the invalid or, unenforceable provisions shall, nevertheless, continue in full force and effect. 12.7 No Waiver. Any waiver by City of any term or provision of this Agreement must be iii writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict perforinance by Covenantor of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be constued as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 12.8 Recordation; Ai'nendi'nents. City, at Covenantor's expense, sliall cause this 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 the Official Records. 12.9 Relationship of Parties. Neither Covenantor nor any of its contractors, employees -6- or agents sliall be deemed to be agents of City in connection witli tlie perfori'nance of Covenantor's obligations under this Agreement. Nothing in this Agreement is intended to or shall establish the Paities as partners, co-venturers, or principal and agent with one another. City neither undertakes nor assumes any responsibility or duty to Covenaiitor (except as expressly provided in this Agreement) or to any third party with respect to the Facilities. 12.10 Headings; Conshuction; Statutotay References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. Tliis Agreemem is the product of negotiation between the Parties. The language of this Agreement sliall be constnied as a whole according to its fair meaning and not strictly for or against any Paity. Any rule of constniction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. All references iii this Agreement to paiticular statutes, regulations, ordinances or resolutions of the United States, tlie State of California, or tlie City of Cupertino shall be deemed to include tlie same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such otlier provisions as may thereafter govern the same subject. The recitals above and exhibits attaclied hereto are a substantive part of tliis Agreement and are hereby incorporated lierein. 12.11 Peimits and Licenses; Compliance with Law. Covenantor, at its expense, shall comply with all applicable legal requireinents, including all federal, state, and local laws and regulations (including City ordinances, regulations and resolutions, and requirements of other agencies with jurisdiction), wliether or not said laws or regulations are expressly stated in tliis Agreement, and obtain and maiutain all necessaiy peimits and licenses required in order to own, operate and maintain the Facilities. 12.12 Liens. Covenantor shall pay, when due, all persons furiiishing labor or materials in connection with any work to be performed by or on behalf of Covenantor related to the Facilities, and shall keep City's interests in the Stormwater Facilities Area free and clear of any related meclianics' liens. 12.13 Joint and Several Liability. If Covenantor consists of more tlian one person or entity, the obligations of such persons and entities shall be joint and several. 12.14 Counterparts. T1iisAgreementmaybeexecutedinoneormorecounterparts,each of which sl'iall be deemed to be an original, and all of which taken togetlier shall constihite one and the same instrument. SIGNATURESON FOLLOWING PAGE(S) -7- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. COVENANTOR: IAC at Cupeitino LLC, a Delaware limited liability company BY: Name: Title: l (Notazy acknow gmetzt to be attached) (gaJJ (Notazy acknowledgment to be attached) CITY: CITY OF C{JPER O, a municipal corporation (Notaty aciazowledgment to be attached) ATTEST: APP TO 7ffoneli'eDy -8- CALIFORNIA ACKNOWLEDGMENT CML CODE j1189 : : : : i : : ': ':i : ':J :': a. 'i'i ': : a:i'i'i'i" :'i.."")i l i inl I Ti.o i a i a'i i 7i i Ti i "i li=ili I n I a'i W A notary public or other officer completing this certificate verifies only the identity oftheindividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. StateofCalifornia l Drite ' Here Insert Name and Title oTthe Officer Name(s) of Sidner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(sl or the entity upon behalf of which the person(s) acted, executed the instrument. iJ 6rangeCounty Commission # 2428867 & ( I My omm. Expires Dec 2, 2026 A + Ql ff ff ff s y ffl IQI s z z l Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ../=' € Corporate Officer - Title(9/a"'- € Partner - [] Limited p/General € Individual ,/ € Attorney in Fact g Trustee / a Guardian or Conservator Representing: Number or Pages: Signer's Name: € Corporate Officer - Title(s): [] Partner - [1 Limited [1 General € Individual € Attorney in Fact a Trustee a Guardian or Conservator € Other: Signer is Representing: (c20l9 National Notary Association CALIFORNIA ACKNOWLEDGMENT CML CODE ! 1189 A notary public or other officer completing this certificate verifies onlythe identity oftheindividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they 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 the entity upon behalf of which the person(s) acted, executed the instrument. CHElSI REED Place Notary Seal and/or Str:imp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (ip Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document fraudulent reattachment of this form to an unintended ent. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by S Signer's Name: [1 Corporate Officer - Tj s) € Partner - € Limi € General a Individua [1 Trustee € Other: s Representing: a Attorney in Fact a Guardian or Conservator Number of Pages: Signer's Name: € Corporate Officer - Title(s): € Partner - € Limited € General a Individual € Attorney in Fact a Trustee [] Guardian or Conservator € Other: Signer is Representing: (f;)2019 National Notary Association Exhibit A PROPERTY EXHIBIT 'A' Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL A: PARCEL TWO AS SHOWN ON EXHIBIT "A" AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "C" AS SHOWN ON LOT LINE ADJUSTMENT GRANT DEED AS EVIDENCED BY DOCUMENT RECORDED NOVEMBER 4, 2014 AS INSTRUMENT NO. 22760859 0F OFFICIAI, RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ALL THAT CERT AIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF ADJUSTED PARCEL l AS DESCRIBED IN THAT CERTAIN DOCUMENT ENTITLED "LOT LINE AJ)JUSTMENT FOR SOBRATO INTEREST III" RECORDED AUGUST 04, 1997 AS DOCUMENT N0. 13799372, AND A PORTION OF PARCEL 2 AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON SEPTEMBER 07, 1973 IN BOOK 329 0F MAPS AT PAGE 49 AND A CERTIFICATE OF CORRECTION THEREOF RECORDED AUGUST 14, 1975 0N BOOK B561, PAGE 100, OFFICT AL RECORDS OF SANTA CLARA COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE AI,ONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 40o53'40" WEST, 181.00 FEET; THENCE LEAVING SAID EASTERLY uNE, THE FOLLOWING TWO (2) COURSES AND DIST ANCES: 1.SOUTH 49o06'20" EAST, 107.50 FEET; 2.SOUTH 40o53'40" WEST, 99.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG THE EASTERLY, SOUTHERI,Y AND WESTERLY LINES OF SAID PARCEL 2, THE FOLLOWING TEN (10) COURSES AND DISTANCES: 1.SOUTH 49o06'20" EAST, 79.75 FEET; 2.SOUTH 40o53'40" WEST, 312.83 FEET; 3.NORTH 49o06'20" WEST, 46.01 FEET; 4.SOUTH 40o53'40" WEST, 203.00 FEET; 5.NORTH 20o08'05" WEST, 88.23 FEET; 6. AJ,ONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 600.03 FEET AND TO WHICH POINT A RADIAL LINE BEARS SOUTH 69o57'29" WEST, THROUGH A CENTRAL ANGLE OF 22o59'32" FOR AN ARC DISTANCE OF 240.79 FEET; 7.NORTH 43o02'26" WEST, 234.48 FEET; 8. ALONG A NON-T ANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 147.01 FEET AND TO WHICH POINT A RADIAL LINE BEARS NORTH 46o57'36" EAST, THROUGH A CENTRAL ANGLE OF 27o51'47" FOR AN ARC DISTANCE OF 71.49 FEET; 9.NORTH 14o56'35" WEST, 119.09 FEET; 10. NORTH 00o35'45" EAST, 100.00 FEET TO THE SOUTHERLY CORNER OF THAT LAND DEDICATED AND CONVEYED TO THE CITY OF CUPERTINO IIST THAT CERT AIN DOCUMENT ENTITLED "RESOLUTION N0. 3903" RECORDED MAY 07, 1975 IN BOOK B397, PAGE 613, OFFICIAL RECORDS OF SANTA CLARA COUNTY; THENCE AI,ONG THE EASTERLY LINE OF SAID LAND, THE FOLLOWING FO{JR (4) COURSES AND DISTANCES: 1. ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 15o00'00" FOR AN ARC DISTANCE OF 26.18 FEET; 2.NORTH 15o35'45" EAST, 16.17 FEET; 3. ALONGATANGENTCURVETOTHELEFTHAVINGARADIUSOFlOO.OO FEET, THROUGH A CENTRAL ANGLE OF 15o00'00" FOR AN ARC DISTANCE OF 26. 18 FEET; 4. NORTH 00o35'45" EAST, 154.98 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 1 0F SAID PARCEL MAP; THENCE, ALONG THE SOUTHERLY AND EASTERLY LINES OF SAID PARCEL 1, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1.SOUTH 89o24'l5" EAST, 161.00 FEET; 2. NORTHOOo35'45"EAST,158.86FEETTOMOSTNORTHERLYCORNEROFSAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAJID PARCEL 2, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1 . ALONG A NON-T ANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 554.00 FEET AND TO W'HICH POINT A RADIAL LINE BEARS SOUTH 08o23'24" WEST, THROUGH A CENTRAL ANGLE OF 32o30'21 " FOR AN ARC DISTANCE OF 314.30 FEET; 2.SOUTH 49o06'20" EAST, 444.54 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF GRANTED AND CONVEYED TO THE CITY OF CUPERTINO, A CALIFORNIA MUNICIPAL CORPORATION, LYING WITHIN AREA l AND 2 AS SHOWN ON EXHIBIT "B" AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" OF THAT CERTAIN GRANT DEED RECORDED NOVEMBER 4, 2014 AS INSTRUMENT NO. 22760862 0F OFFIC.LAL RECORDS. ALSO EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATmG THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONAT,LY DRILL AND MINE FROM PROPERTIES OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIORLIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND AS RESERVED IN THE DOCUMENT RECORDED MARCH 27, 2013, AS INSTRUMENT NO. 22148706 0F OFFICIAL RECORDS. PARCEL B: AN EASEMENT TO CONSTRUCT, MAINTAIN, AND USE A ROADWAY FOR VEHICLE AND PEDESTRIAN ACCESS AND FOR UNDERGROUND UTILITIES AND LANDSCAPING WITH APPURTENANCES THERETO, IN, OVER, ALONG AND ACROSS THE FOLLOWING DESCRIBED PARCEL OF LAND: PARCEL 6 AS SHOWN UPON THAT CERTAIN PARCEL MAJ' FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SBPTEMBER 7, 1973 IN BOOK 329 0F M APS, PAGE 49 AND A CERTIFICATE OF CORRECTION THEREOF RECORDED ON AUGUST 14, 1975 IN BOOK B561, PAGE 100, OFFICIAL RECORDS. PARCEL C: A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS GRANTED IN AN INSTRUMENT RF,CORDED IN BOOK F884, PAGE 241, OFFICIAL RECORDS AND AS AMENDED BY AN INSTRUMENT RECORDED IN BOOK G554, PAGE 683, OFFICIAL RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF PARCEL 7 AS SHOWN UPON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 329 0F MAa'S, AT PAGE 49, SANTA CLARA COUNTY RECORDS; THENCE FROM POINT OF BEGG SOUTHEASTERLY ALONG A CtJRVE IN THE SOUTHERLY LINE OF PRUNERIDGE AVENUE, CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 33o 36' 38" EAST WITH A RADIUS OF 646 FEET, THROUGH A CENTRAL ANGLE OF 3o 19' 44" FOR AN ARC DISTANCE OF 37.53 FEET TO A POINT OF CUSP; THENCE FROM SAID POINT OF CUSP WESTERLY AND SOUTHWESTERLY AI,ONG A CURVE CONCAVE TO THE SOUTHEAST FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 16o 20' 23" EAST, WITH A RADIUS OF 38.00 FEET, THROUGH A CENTRAL ANGLE OF 43o39' 09", FOR AN ARC DISTANCE OF 28.95 FEET; THENCE SOUTH 30o 00' 28" WEST 493.90 FEET; THENCE NORTH 57o 22' 02" WEST 15.01 FEET; THENCE SOUTH 30o 00' 28" WEST 422.64 FEET; THENCE NORTH 52o 40' 1 l" WEST 12.10 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 7; THENCE NORTH 30o 00' 28" EAST ALONG SAID LINE 941.87 FEET TO THE POIINT OF BEGINNING. PARCEL D: A NON-EXCLUSIVE EASEMENT FOR EMERGENCY ACCESS AS GRANTED IN THAT CERTAIN FIRST AMENDMENT TO EASEMENT AGREEMENT REGARDING PARKING AND ACCESS RECORDED JULY 30, 2010 AS INSTRUMENT N0. 20797627, AND AS AMENDED BY THAT CERTAIN SECOND AMENDMENT TO EASEMENT AGREEMENT REGARDING PARKING AND ACCESS RECORDED SEPTEMBER 1, 2011 AS INSTR{JMENT N0. 21298963, AND AS FURTHER AMENDED BY THAT CERT AIN THIRD AMENDMENT TO EASEMENT AGREEMENT REGARDING PARIaNG AND ACCESS RECORDED NOVEMBER 4, 2014 AS INSTRUMENT N0. 22760863, ALL OF OFFICIAI, RECORDS. APN: 316-06-058 & 316-06-059 Exhibit B STORMWATER FACILITIES AREA APPROX. LIMITS OF DEPRESSED 0 50 100 Feet BIOmEATMENT BASIN li li EXHIBIT B - STORMWATER FACILITIES AREA THE HAMPTONS APARTMENT HOMES 19500 PRUNERIDGE AVENUE, CUPERTINO, CA SANTA CLARA COUNTY Exl'iibit C FORM OF MAINTENANCE INSPECTION REPORT EXHIBIT C The Hamptons SWMP Stormwater Treatment Measure Operation and Maintenance Inspection Report This report and attaclied Inspection and Maintenance Checklists document tlie inspection and maintenaiice conducted for the identified storinwater treatment measure(s) subject to the Maintenance Agreement between the City and tlie property owner during tlie annual reporting period indicated below. 1. Property Information: PropertyAddress orAPN: 19500 PruneridgeAvenue, Cupertino, CA Property Owner: IAC at Cupertino LLC If. Contact Information: Name of person to contact regarding this report: Address to which correspondence regarding this report should be directed: 131 Theory, Irvine, CA 92617 Ill.Reporting Period: This report, with tlie attaclied completed inspection checklists, documents tlie inspections and maintenance of the identified treatment measures during the time period from to IV.Stormwater Treatment Measure Information: The followiiig stormwater treatment measures (identified treatment measures) are located an the property identified above and are subject to the Maintenance Agreement: Identifying Number of Treatinent Measure Type of Treatment Measure Location of Treatment Measure on the Propeity The Hamptons SWMP V, Summary of Inspections and Maintenance: Summarize the following infoimation using the attached Inspection and Maintenance Checklists: Identifyiiig Number of Treatment Measure Date of Inspection Operation and Maintenance Activities Performed and Date(s) Conducted Additional Comments Vl.Sediment Removal: Total amount of accumulated sediment removed from the stormwater treatirient measure(s) during the reporting period: cubic yards. How was sediment disposed? € landfill € otlier location on-site as described in and allowed by the maintenance plan € other, explaii'i The Hamptons SWMP Vll. Inspector Information: The inspections documented in the attached Inspection and Maintenance Checklists were conducted by the following inspector(s): Inspector Name and Title Inspector's Employer and Address Vlll. Certification: I hereby certify, under penalty of perjury, that tlie infornnation presented in this report and attachments is true and complete: Sigiiat-11re of Property Owner or Otlier Responsible Party Date Type or PmtName Company Name Address Phone nuinber:Email: Bioretention Area Maintenance Plan for The Hamptons ProjectAddress and Cross Streets: 19500 PruneridgeAvenue, Cu'pertino, CA Property Owner: IAC at Cupertino LLC Designated Contact: MailingAddress: 131 Theory, Irvine, CA92617 The property contains 1 bioretention area as shown on the Grading and Drainage Plan, Routine Maintenance Activities The principal maintenance objective is to prevent sediment buildup and clogging, which reduces pollutant removal efficiency and may lead to bioretention area failure. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1. Table 1 Routine Maintenance Activities for Bioretention Areas No.Maintenance Task Frequency of Task 1 Remove obstructions, weeds, debris and trash from bioretention area and its inlets and outlets; and dispose of properly. Quarterly, or as needed after storm events 2 Inspect bioretention area for standing water. If standing water does not drain within 2-3 days, till and replace the surface biotreatment soil with the approved soil mix and replant. Quarterly, or as needed after storm events 3 Check underdrains for clogging. Use the cleanout riser to clean any clogged underdrains. Quarterly, or as needed after storm events 4 Maintain the irrigation system and ensure that plants are receiving the correct amount of water (if applicable). Quarterly 5 Ensure that the vegetation is healthy and dense enough to provide filtering and protect soils from erosion. Prune and weed the bioretention area. Remove and/or replace any dead plants. Annually, before the wet season begins 6 Use compost and other natural soil amendments and fertilizers instead of synthetic fertilizers, especially if the system uses an underdrain. Annually, before the wet season begins 7 Check that mulch is at appropriate depth (2 - 3 inches per soil specifications) and replenish as necessary before wet season begins. It is recommended that 2" - 3" of arbor mulch be reapplied every year. Annually, before the wet season begins 8 Inspect the energy dissipation at the inlet to ensure it is functioning adequately, and that there is no scour of the surface mulch. Remove accumulated sediment. Annually, before the wet season begins Bioretention Area Maintenance Plan Date of Inspection: Property Address: 19500 Pruneridge Avenue, Cupertino, CA Treatment Measure No.: 9 Inspect overflow pipe to ensure that it can safely convey excess flows to a storm drain. Repair or replace damaged piping. Annually, before the wet season begins 10 Replace biotreatment soil and mulch, if needed. Check for standing water, structural failure and clogged overflows. Remove trash and debris. Replace dead plants. Annually at the end of the rainy season, and/or affer large storm events Il lnspect bioretention area using the attached inspection checklist. Annually, before the wet season I.Use of Pesticides Do not use pesticides or other chemical applications to treat diseased plants, control weeds or removed unwanted growth. Employ non-chemical controls (biological, physical and cultural controls) to treat a pest problem. Prune plants properly and at the appropriate time of year. Provide adequate irrigation for landscape plants. Do not over water. II.Vector Control Standing water shall not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the Santa Clara Valley Vector Control District (District). Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the District, and then only by a licensed professional or contractor. Contact information for the District is provided below. Santa Clara Valley Vector Control District 1580 Berger Dr. San Jose, California 95112 Phone: (408) 918-4770/(800) 675-1155 - Fax: (408) 298-6356 www.sccgov.org/portal/site/vector Ill. Inspections The attached Bioretention Area Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted. Bioretention Area Inspection and Maintenance Checklist Property Address: 19500 Pruneridge Avenue, Cupertino, CA Property Owner: IAC at Cupertino LLC Treatment Measure No.:Date of Inspection:Type of Inspection: Quarterly Pre-Wet Season After heavy runoff End of Wet Season Inspector(s): Other: Defect Conditions When Maintenance Is Needed Maintenance 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 Water stands in the bioretention area between storms and does not drain within 2-3 days after rainfall. There should be no areas of standing water once storm event 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, inlet, or outlet. 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, and/or 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 2 inches in depth. Ail 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 2 - 3 inches. 7. Miscellaneous Any condition not covered above that needs attention in order for the bioretention area to function as designed. Meets the design specifications. CERTIFICATE OF ASSISTANT SECRET ARY OF IAC AT CUPERTINO LLC I, Shawn D. Monterastelli, do hereby certify and state: 1.ThatIam and at all times herein mentioned have been tlie duly elected and acting AsSiStant Secretary of IAC at Cupertino LLC, a Delaware limited liability company (the "Company"), and as such I am authorized to execute this certificate; 2.That the persons listed below are and at all times herein mentioned have been duly appointed officers of the Company acting in the office set out opposite their name: Martin Young Vice President, Project Management 3.That such officers together are duly authorized to execute the City of Cupertino Tree Removal Application, and all other related documents, on behalf of the Company. IN WITNESS WHEREOF, I have hereunto set my hand as of June 14, 2022. Shawn D. Monterastelli Assistant Secretary 76672 1 DocuSign Envelope 10: 8563C9CO-E7FB-4E42-9F5B-50A6BADOO5D5 CERTIFICATE OF ASSIST ANT SECRET ARY OF IAC AT CUPERTINO LLC T, Shawn D. Monterastelli, do liereby certify and state: 1.That I am and at all times herein mentioned have been the duly elected and acting Assistant Secretary of IAC at Cupertino LLC, a Delaware limited liability company (the "Company"), and as such I am authorized to execute this certificate; 2.That tlie person listed below is and at all times herein mentioned has been a duly appointed officer of the Company acting in the office set out opposite his name: 3. Yann de Fabrique Vice President, Maintenance That such officer is duly authorized to execute entitlement, permit and maintenance agreements, and all other related documents, on belialf of tlie Con'ipany. IN WiTNESS WHEREOF, I have hereunto set my hand as of January 30, 2024. Shawn D. Monterastelli Assistant Secretary 76671 1 #87340vl 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 attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On Februa'Y 8- 2024 before me, K'Sken SquarC'a , Notary Public, (Here inseit naine and title of the officer) personally appeared Chad MOSle'l who proved to me on the basis of satisfactory evidence to be the person(0 whose name% _is/are subscribed to the within instniment and acknowledged to me that _he/she/they executed the same in _his/her/their authorized capaci%4es), and that by his/her/their signature% on the instrument the person(0, or the 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 Califoiia that the foregoing paragraph is true and cotrect. I z a * y z ah a ffi ffi ffi & f- . 4 xe KIRSTENSQuARCIA k vviinESSmyhandandofficialseal. jsiiarypubiiccaiirornia ! b i % Santa Clara County ! Commission # 243 l 5!19 l'W"Ay Comm. Exolrts Oec 19, 2016 th h ' ffl (NotarySeal) Signahire of Notary Public * * ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any aclmowledgment completed in California must contain verbrage exactly as DESCRIPTION OF an-IF. ATTACHF.D DOCUMENT appears above in the notary section or a separate acjaiowledgment forrn must be properly cornpleted and attached to that document. The only exception is if' a document is to be recorded outside of Califoniia. In such instances, any altermrtive (Title or descriph'on ofattached docutnent) acjmowledgment verbrage as mrry be printed on such a document so long as the verbiage does not require the notary to do somethrng that is rllegal for a notary in Caljfornia (i.e. certij5ring the authorized capacity ofthe signer). Please checlc the (Title or description ofattached doc ,nent continued) document carefidly for proper notarial wording and attach thisform ij'required. ii State and County infonnation +nust be the State and County where the docuuent NumberofPages- DocumenIDaIe signer(s)personallyappearedbeforethenotarypublicforacknowledginent. * Date of notat'mation +nust be the date that the signer(s) personally appeared which must also be the same date the acknowledginent is completed. (Additional information) '1 The notary public must print his or her nan'+e as it appears within his or her coirunission foUowed by a coinma and then your title (notary public). * P it the na+ne(s) of document signer(s) who personally appear at the tiine of notarization. CAPACITY CLAIMED BY THE SIGNER a Indicate the correct singular or plural fonns by crossing off incorrect fonns (ie be/sheAhey,- is /ex ) or circling the correct foms. Failure to correctly indicate this€ md"dual(s) infonnationmayleadtorejectionofdocumentrecording. [] Corporate Officer ii The notary seal impression must be clear and photographically reproducible. hnpression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area pennits, otherwise complete a different acknowledginent fonn. € Partner(s) * Signahire of the notaiy public must match the signature on file with the office of the county cleit. [] A'omeY-tn-Fact <* Additional infonnation is not required but could help to ensure this 0Trustee(s) acknowledgu'ientisnotmisusedorattachedtoadifferentdocuinent. € Other <* Indicate title or type of attached docuinent, nuinber of pages and date. <* Indicate the capacity claiined by the signer. If the claiined capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). * Securely attach this document to the signed docunnent C 2004-2015 ProLink Signing Service, }nc - All Righti Reserved WIVW TheProLtnk com - Naiionwide Noiary Service