E-618 Stormwater Mngmnt. Facility
RECORDED AT THE REQUEST OF )
and )
WHEN RECORDED RETURN TO: )
SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Paircel # 316-09-029
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT
("Agreement") is made and entered into this ?~ day of MhY , 20~, by Tantau
Investments, LLC, a California limited liability cornpany, (hereinafter referred to as
"GRANTOR") and the City of Cupertino ("CITY").
The GRANTOR does hereby grant and convey to the CITY, a Stormwater Facility Management
Easement, as described in Attachment `B' of this ?.greement.
RECIT~~LS
This Agreement is made and entered into with reference to the following facts:
A. The GRANTOR is the owner of real property and improvements located within the City
of Cupertino, County of Santa Clara, State of California ("PROPERTY"), as described in Exhibit
"A" of this Agreement.
B. The developer of the property is required to install, operate, and maintain stormwater
management facilities within the PROPERTY. The stormwater management facilities are shown
in the Stormwater Management Plan prepared by Ruggeri-Jensen-Azar and dated
Q~317~ O$ ,which plans and any amendments thereto, are on file with the Public Works
FINAL -1- 1 O/21 /03
Department of the City of Cupertino, California. 'The CITY has reviewed and approved the
Storm Water Management Plan subject to the exe~~ution of this agreement-
C- The GRANTOR, its successors and assigns, shall be responsible for maintenance of these
stormwater management facilities in accordance with the Storm Water Maintenance Agreement
for this facility and the CITY's Stormwater Pollution Prevention and Watershed Protection
Ordinance.
D. The CITY, its successors and assigns, shall at all reasonable times have a right to enter
said easement for the purpose of inspecting, monitoring, modifying, maintaining, and repairing
the stormwater management facilities at the PROPERTY, within the easement described in
Exhibit "B."
E. While this Agreement is in effect, the GR~~NTOR will not erect nor permit to be erected
any building or structure of any nature whatsoever, nor fill or excavate within said easement
without the CITY's written consent.
F. The GRANTOR will warrant specially said easement and shall execute such further
assurances thereof as may be requisite.
G. In the event that the CITY shall determine at its sole discretion at any future time that the
Stormwater Management Facility is no longer required, then at the request of the GRANTOR, its
successors and/or assigns, the CITY shall execute a release of this Agreement which the
GRANTOR, it successors and/or assigns, shall record with the COL7NTY, at its/their expense.
NOW, THEREFORE, the parties hereto ap~ee as follows:
Covenants Running With the Land; ProUerty Subiect 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 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" or any portion thereof and
shall be for the benefit of each owrier 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 s:~id property, or any portion thereof
2. Indemnity: The GRANTOR shall defend, indemnify, and hold the CITY harmless
of and from any and all claims, liabilities, actions, causes of action, and damages
for personal injury and property damage, including without limitation reasonable
FINAL -2- 1 O/21 /03
attorneys' fees, arbitration fees or costs and court costs, arising out of or related to
the use of the easement described in Exhibit "B," 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 inter~tional conduct or the negligence or intentional
acts of any of the CITY'S employees, agents, representatives, contractors,
vendors, or consultants.
3. Atoornevs' 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 entitled to reasonable attorneys' or arbitrators' fees in addition to all other
recoverable costs, expenses and damages.
4. 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.
5. Entire Agreement: This Agreement constitutes the entire agreement of the parties
with respect to the subject matter contained herein and supersedes all prior
agreements, whether written or oral. There are no representations, agreements,
arrangements, or undertakings, ora or written that are not fully expressed herein.
6. 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 that can be separated for the
invalid, unenforceable provisions shall, nevertheless, continue in full force and
effect.
7. 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.
8. Amendment: This Agreement ma}~ be amended in whole or in part only by
mutual written agreement. Any such amendment shall be recorded in Santa Clara
County, California. In 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 duly executed and recorded amendment shall be controlling.
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AGKNOWLEDGNIENT
State of California )
) ss.
County of Santa Clara )
On (y . ~ c~ p before me, ,_ ~ n ~ n ~ Y }-) i ~ ~[,, ., , a notary
public in and for the State~f California, personally appeared LARRY W LERSTEIN,
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument, the person, or the entity
upon behalf of which the person acted, executed the instrument.
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.
r-~
JOANNE HICKEY ~~-_ ° ~ - l C_
COMM. ~~685267 mtn N Y PUBLIC
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