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09-130 Maintenance Agreement, 22661 San Juan Rd RECORDED AT THE REQUEST OF And WHEN RECORDED RETURN TO: SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE. AGREEMENT ~THI/SpMAINTENANCE AGREEMENT 1_"Agreement") is made and entered into this ~i' day of ~-t~'~ . 20 G9 . by Brett G. Alten and Tomoko Matsumoto (hereinafter referred to as Declarant), and the City of Cupertino ("City"). RECI T'AL S This Agreement is made and entered into with reference to the following facts: A. Declarant, the developer of the real property and improvements that comprise the 2266 San Juan Road project that is located within the City of Cupertino, County of Santa Clara, State of California ("Project"). B. As set forth herein, the provisions of this Agreement are intended to and shall run with the Project and be binding upon all owners, successors and assigns of the Project, or any portion thereof. C. The purpose of this Agreement is to allocate the costs of maintenance, repair and replacement between Declarant and City of the certain improvements, including Retaining Wall, that is situated on real property owned by City along San Juan Road in front of the Project, and to establish certain criteria and procedures for the accomplishment of said maintenance, repair and rep I acem ent. NOW, THEREFORE the parties hereto agree as fo]lows: 1. Covenants Runnine With the Land: Pro~~rty 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 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 be~lefit 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 oc~~upant of the said property, or any portion thereof. 2. Responsibility for Cost of Repair. Replacement and Maintenance: shall, at its sole cost and expense, maintain, repair, replace, and keep irr good condition all improvements and landscaping located on the portion of the City's property that abuts and fronts the Project along San Juan road, ("the frontage Area of Project"). Exhibit "B" shows the portion of the City's property for which Declarant is responsible for rn:rintenance hereunder. 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 project in a good, useable condition under all weather conditions. Said Project shall be maintained to the standards, specifications and condition to which, at a minimum, they were originally constructed as evidenced by flans and specifications on file with the City of Cupertino and/or provided to the Owners by Declarant. 4. Decisions Regarding Performance of this Agreement: All decisions regarding the need for maintenance, the implementation thereof, and any particular other matters of the Project shall be determined by The Department of Public Works of the City. 5. Indemnity: Declarant shall defend, indemnify, and hold 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 attorney's fees, arbitration fees or costs and court costs, arising out of or related to the use and maintenance by Declarant of the Frontage Area Project described in paragraph number two and delineated on Exhibit "B", except to the extent that such claims, liabilities, actions, causes of action, and damages arise out of or relate to City's employees, agents, representatives, contractors, vendors or consultants. 6. Attorney's 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 darnages. 7. Further Documents: The parties covenant and agree that they shall execute such further documents and instructions as shall be necessary t~~ fully effectuate the terms and provisions of this Agreement. 8. Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein and >upersedes all prior agreements, whether written or oral. There are no representations, agreements, arrangements or undertakings, oral or written, which are not fully expressed herein. 9. Severability: In the event any part or proms ision of this Agreement shall be determined to be invalid or unenforceable under the laws of the 'sate 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. 1 O. 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. 1 1. Recordation: It is anticipated that this Agreement shall be recorded and shall be executed and acknowledged in proper recordable form. 13. Amendment: This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in Santa Clara County, California. In 2 EXH1~3[T A l.~a~. ~ESC~s~tonl Rol property in t#~e ~ of Cupertino, County crf Santa CEara, State of C:alifomia, described as follows: ALL OF SECTIONS 158 AND 174, AND A PORTit>N OF SECTIONS 159 AND 173, AS SHOWN OTJ THAT CERTAIN MAP ENTITLED, ^MAP OF INSPIRATION HEIGHTS, MONTA VISTA", RECORDED ON APRIL 11, 1917 iN BOOK ^P" OF MAPS AT PAGE 13, SANTA CLARA COUNTY RECORDS, AND LYING WITHIN THE CITY OF CLJPERTINO, COUi~T"Y OF SANTA C1ARA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED A5 FOLiAWS: BEGINNING AT THE SOUTHERNMOST CORNER •OF SAID SECTION 174, SAID CORNER BEING A POINT ON THE CENTERLINE OF SAN JUAN ROAD AS ~' ID CENTERLINE LS SHOWN ON SAID MAP OF ^INSPIRATION HE2GHT5°; THENCE ALONG THE SOUTtFEAS'(ERLY LINE OF SAID SECTION 174 NORTH 44° 54' SO" EAST 164.48 1=EET TO THE MOST EA~'TERLY CORNER Ti-iEREOF, SAID CORNER AL50 BEING A POINT IN THE SOUTHWESTERLY LINE OF SAID SECTION 158; THENCE ALONG SAID SOUTHWE'ST'ERLY LINE OF SECTION 158 SOUTH 46° 24' 01^ EAST 24.74 FEET TC) THE MOST SOUTIiERLY CORNER THEREOF; TtfENCE NORTH 45° 34' D9" EAST 108.55 FEET TO THE MOST EASTERLI' CORNER THEREt1F; THENCE ALONG, THE NORTHEASTERLY LINE OF SAID SECTIONS 15$ AND 159 NORTH 45° 03' 06" WEST 125.7E FEET TO THE EASTERLY CORNER OF PARCEL "B^ AS :SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 350 OF MAPS AT PAGE 55, SANTA CLARA COUNTY RECORD5; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL "B" SOUTH 45° 02' S4" WEST 275.75 FEET; THENCE SOUTH 28° 33' S2" EAST 41.27 FEET TD A POINT ON SAID C>=NTERLINE OF SAN JUAN ROAD; THENCE ALONG ~' ID CENTERLSNE SOtrfH 55° 33` SZ^ EAST 41.54 FEET TO AN ANGLE POINT IN SAID CENTERLINE; THENCE CONTINLIING ALONG SAID CENTERLINE SOUTH 43° 25' 00" EAST 21.77 TO THE POINT OF $E6ZNNING; AtJD AS DESCRIBED IN THAT CERTAIN tOT LINE AD.7USTMENT RECORDED SEPTEMBER il, 2008 A5 DOCUMENT NO. 19986528, OFFIGTAL RECORDS. -~ APN: 342-17-OS6-00 AND 342-17-087-00 EC:4TE.~~~~=.:~.. ~ Qi° E. ~ ~fSSr.. 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Job No. 1782 September 3, 2009 r-:^iia,-lt B SAN JUAN ROAC DEDICATION 22661 San Juan F:oad, Cupertino Being a portion of that certain parcel shown on that Record of Survey recorded in Book 828 of Maps at page 10, Santa Clara County Records, and lying within the City of Cupertino, County of Santa Clara, State of C:3lifornia, and more particularly described as follows: Beginning at the most southerly corner of said parcel, said corner being a point on the centerline of San Juan Road, as shown on said Record of Survey; thence along said centerline North 43°15'00" West 21.77 feet to an angle point in :said centerline; thence North 65°33'52" West 41.54 feet; thence North 28°33'52" West 33.2~~ feet; thence along a line parallel with said centerline of San Juan Road and 20.00 feet northeasterly, measured at right angles, South 65°33'52" East 72.02 feet; thence South 43°15'00" East 25.10 feet to a point on the southeasterly line of said surveyed parcel; thence along said southeasterly line South 44°59'10" West 20.01 feet to the point of beginning. Containing 1 ,604 square feet, more or less (0.037 acres, more or less). These descriptions were prepared by me or undsr my direction in conformance with the Land Surveyor's Act. Charles W. Davidson Co. ~_- fX Q -oY-o 9 Terry L. Rucker, R.C.E. 23191 Date License Exp. 12-31-09 ,~<c.~~.-z~ ~s --..~ -., . ~~ fHo. 23191 `3-% ~Z Exp. (Z "31 -09 ~ ~._/ F pF 0.~t _j File: '1782 DESC-ROAD DEDICATION BASIS OF BEARINGS: THE BEARING (544'59'10"W) OF THE ', NORTHWESTERLY LINE OF PARCEL B AS SAID PARCEL IS SHOWN ON THAT CERTAIN i ', PARCEL MAP RECORDED IN BOOK 235 OF ~ ~ MAPS AT PAGE 40, SANTA CLARA COUNTY i~ RECORDS, AS FOUND MONUMENTE D, WAS ~ ~~ ~ USED AS THE BASIS OF BEARINGS SHOWN s ,~ i ON THIS PLAT. AJ JS 'P g .9 ~ 0 2 / ~' / / 'SFi ~' / tiRs ~ °~- s ~ ` ` \ 2-~'~~ O/~~ JS ,mss . QP 'S`O 1~/ ' .O ~ ~ ~' ` T ~ rl^~ ~ i \A e ~ ~~ ~~,~, ~~ i i ~J~ i ~' > ~ \ o > ~ ~ \ 1 / i \ / .~O$ ~ ao / Q> ry i 7 ?ir. ~°` ` 5 i ~ 57 `'u> >~` ~ ~ / \ ~ R- i AREA OF STREET Q- ~ / ~ DEDICATION ~ / ~ ~ i 7,604 tS. F. ~ \ \ (0.037 tA0.) ~~ ~ i 2 i ,.,o ~ ~ Ss ~ i ~p~. s 3 \ rye 1z ~i+'_ 02• i °' s i h o \ \ sr~ ?s ~~Dc 0 ~ ~ N68:3 / `S \ `c•\' ~~ p~~ \ 3 S2 ~ , ~G ,5 \ QP 0 \ ~ p1 ~' '' ' s ~ `v ~ POINT OF BEGINNING \ ~ ~ vG '9 ~ ~ \ ~ \ ~O ~C \ , o QROF ESS lLyy y \ \ ~0~ .~ L. R U~~ EL \ ~yo ~ `_ ~`" `~ z \ ~ No. 23191 \ Exp. 12-31-09 \ ~9~. C l V \ ~- ~~Q- ~ r=h,'bllt B\ OF CPS-~ ` 9-oY-o9 FLAT FOR DATE: £ -03-09 ~icv~~ea ~~." ~a~sc~ooa ~a. ROAD DEDICATION SCALE: 1 "=50' A CALIFORNIA CORPORATION CONSULTING CIVIL ENGINEERS 22661 SAN JUAN ROAD DRAWN BY: T.L.R. 255 W. JULIAN ST. 200, SAN JOSE, CA. PH. 08) 5-9t62 CHECKED B": CUPERTINO, CALIFORNIA Joe No.: 7782 -- -- -- _. CE No. 231st T RT2 L. RUC ER CALIFORNIA ALL-PURPOSE ACKNO\NLE~GMENT State of California ~~-/n~ ,^, .-- County of ~ ~-~1-~1/~--~ On ~-d~ ~ I ~~C before me, ~u-t-t e'er ~/~i S( p~J p 7~[.. ~ (~L~-~L~(~ Date w ~ Here Insert Name antl Title of the Officer personally appeared ~"~"e ~ L~• t'•r[ ~'~U`- ~^-^~ -~~~~-~ J"~Q~~-~^ti `fZ~ Name(s) of Signer(s) ruun icin/sr Commission / 1833729 z Notary Putflic - CalNornia Saata Clara County Comm. 6c irea Jan 25, 2013 Place Notary Seal Above 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/sf•le/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. 1 cer-cify under PENALTY OF PERJURY under the laws of they State of California that the foregoing paragraph is true isnd correct. WIT~JESS my hand and offic`ial.seal~.~ Signature~~-~- l~-~""` ` Signature of Notary Public OPT/ON~1 L Though the information below is not required by /a w, it may prove va/uab/e to persons relying on the document and cou/d prevent fraudu/enf removal and reatfachr~ent of this form to another document. Description of Attached Document /~~~ ~ ,~ dL~ ~ C Title or Type of Document: 6MG~c~-U~U~-UDC-Q-- ~ ) r/'c~Jua ~ ~ e-r ~-~-- U^^~^ ,~t~ d" C~~r~<,/K d TEL, Document Date: ~~ - ~ I ~l7 ~ Number of Pages: ~t Signer(s) Other Than Named Above: ~ \ hr Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual C7 Individual C~ Corporate Officer -Title(s): O Corporate Officer -Title(s): O Partner - D Limited O General _ _ C] Partner - 0 Limited O General _ _ ~ Attorney in Fact - Cl Attorney in Fact O Trustee Top of thumb here ~] TfUStee Top of thumb here O Guardian or Conservator Ll Guardian or Conservator O Other. CI Other: Signer Is Representin Signer Is Represent' g: ©2007 National Notary Association • 93W De Soto Ave., P.O. Box 2402 • Chatsworth, GA 91 3 1 3-2402 • www.NationalNOtary.org Item #5907 Reorder. Call Toll-Free 1-BOO-B]6-6827 RESOi.uTiorl No. o9-lso A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A MAII~ITENANCE AGREEMENT, BRETT G. ALTEN AND TOMOKO MATSUMOTO, 22.661 SAN JUAN ROAD, APN 342-17-109 WHEREAS, there has been presented to the City Council a proposed maintenance agreement between the City of Cupertino and Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN 342-17-109 and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regulaz meeting of the City Council of the City of Cupertino this 15th day of September, 2009, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the C.~ Council Mahoney, Sandoval, Santoro, Wong None Wang None City Clerk APPROV D: ~.."'~ ayor, City of Cu rtino