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05-089, Taylor Woodrow Homes, Inc. ~~ _ CITY OF CUPEI~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANI~ NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, Cali:Fornia, do hereby certify that certain municipal improvements in conjunction with the following project: TAYLOR WOODROW HOMES, INC. STERLING SQUARI~. AT CIVIC PARK have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the City Council on Se-ptember 4th, 2007. ~`-~2...~C..~ u ~ c~C Director of Public Works and City Engineer of the City of Cupertino Date: September 6, 2007 Printed on Recycled Paper CALIFORNIA ALL-PURPOSE ACKNOWLEDIaMENT State of California ss. County of Sam'}a C~m.ca~.. On 51~atevv~.bet' ~~Z~~ beforeme,~n i~lart~<~rnl~n,/`~cncv #~rJ~p(rc , Date Name and Title of Officer (e.g., "Jane Doe, Nota Public") personally appeared ~CS•~ 37h , Name(s) of Signer(s) IOM MARIE SMITH Comrr>tuion #t 1615489 Nolary PubNc - CaliMmio :arNO CI'lata County My Comm. Expkes Nov 1.2 l~.personally known to me ^ proved to me on the basis of satisfactory evidence to be the person(, whose name($'J is/arte subscribed to the within instrument and acknowledged to me that he/sl~eFt~iey executed the same in his/her-ft~ieir authorized capacity(•ies), and that by his/her/tlReir signature(s~ on the instrument the person(a), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. ~ y~l n ~~ Signature of Notary Public OPTIONAL Though the in/ormation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Cet'Ft~tGC~}e o-~ (_bynp(~-cC1y\ - faxla~ ~a~cifaw ~'}C1Yrt~S Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ~~ © 1999 National Notary Association • 9350 De Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91313-240;? • www.NationalNotary.org Prod. No. 5907 Reorder: Call Toll-Free i-800-876-6827 ~7--0~ ~! RECORDED AT THE REQUEST OF And WHEN RECORDED MAIL TO: Taylor Woodrow Homes, Inc. Attn: Paul Manyisha 2300 Camino Ramon, Suite 100 San Ramon, CA 94583 EASEMENT MAINTENANCE AGREEMENT THIS EASEMENT MAINTENANCE AGREEMENT ("Agreement") is made and entered into this day of July, 2005, by Taylor Woodrow Homes, Inc., a California corporation ("TWH"), and the City of Cupertino ("City"). RECITALS This Agreement is made and entered into with reference to the following facts: A. TWH is the owner and developer of a portion of real property and improvements at the Civic Park Project which shall be called the Sterling Square at Civic Park Project ("Project") that is located within the City. B. As set forth herein, the provisions of this Agreement are intended to and shall run with the Project, and any portion thereof, and be binding upon all owners, successors and assigns of TWH and the City. C. The purpose of this Agreement is to allocate the costs of maintenance, repair and replacement between TWH and the City for the portion of Torre Avenue, as shown on Exhibit A, which is owned by the City; and to establish certain criteria and procedures for the accomplishment of said maintenance, repair and replacement. NOW, THEREFORE, the parties hereto agrees as follows: 1. Grant and Use of Easement: In consideration of good and valuable consideration, receipt of which is hereby acknowledged by City, City grants to TWH a perpetual non-exclusive easement on, over and across Torre Avenue for the purposes of maintaining, repairing and replacing the portions of Torre Avenue described on Exhibit A (the "Easement Area"). 2. Covenants Running With the Land; Property Subject to Agreement: It is intended and agreed that this Agreement shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the Project. 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 the City, TWH, or any owner of real property within the Project against any other person or party. -1- 07/07/05 70070076/427517-2 07/19/05 3. Responsibility for Cost of Repair, Replacement and Maintenance: TWH shall, at its sole cost and expense, maintain, repair, replace, and keep in good condition all improvements, including, but not limited to, landscaping and hardscape located on the Easement Area. 4. 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 Easement Area in a good, useable condition under all weather conditions, TWH shall maintain the Easement Area to the standards, specifications and conditions to which, at a minimum, they were originally constructed as evidenced by plans and specifications on file with the City and/or provided by TWH. 5. Decisions Re ag rding Performance of This Agreement: All decisions regarding the need for maintenance, the implementation thereof and any particular other matters of the Easement Area shall be determined by TWH. 6. Assignment of Agreement: City acknowledges and agrees that this Agreement and all of TWH's rights and obligations hereunder, are expressly assignable, at TWH's sole option and discretion, to the Sterling Square at Civic Park Owners Association, a nonprofit mutual benefit corporation and the homeowners association formed in connection with the development of the Project (the "Association"). TWH shall not assign this Agreement to any other party without the prior written consent of the City, which consent shall not be unreasonably withheld. Any such assignment shall be in recordable form, in form and substance satisfactory to the City, and shall release TWH from all of its obligations, duties and responsibilities hereunder. Upon any assignment, the assignee shall be responsible for all of the obligations, duties and responsibilities of TWH hereunder, including without limitation the obligation to maintain the Easement Area. 7. Indemnity: TWH shall defend, indemnify, and hold the City harmless from any and all claims, liabilities, actions, causes of action, and damages for personal injury and property damage, including without limitation reasonable attorneys' fees, arbitration fees or costs and court costs, arising out of or related to the use and maintenance of the Easement Area described in this Agreement, except to the extent that such claims, liabilities, actions, causes of action, and damages arise out of or relate to City's negligence and/or intentional conduct or the negligence or intentional acts of any of City's employees, agents, representatives, contractors, vendors, or consultants. 8. Arbitration: In the event that any dispute or controversy arises between the TWH and City with respect to this Agreement, the same shall, at the election of any party, be submitted to arbitration to and in accordance with the rules of the American Arbitration Association and shall be conducted at its office nearest to the Project. The cost of the arbitration and reasonable travel cost shall be borne by the parties in such proportion as the arbitrator shall decide. 9. 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 -2- 07/07/05 70070076/427517-2 07/19/05 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 casts, expenses and damages. 10. 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, oral or written which are not fully expressed brain. 11. 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 portions of this Agreement which can be separated from the invalid, unenforceable provisions shall, nevertheless, continue in full force and affect. 12. 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. 13. Recordation: It is agreed that this Agreement shall be recorded as an exhibit to the Declaration of Covenants, Conditions and Restrictions of the Association, and shall be executed and acknowledged in proper recordable form. 14. Amendment: This Agreement maybe attended in whole or in part only in writing and executed by all parties. Any such 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 documents, the most recently duly executed and recorded amendment shall be controlling. Executed the day and year first above written. TAYLOR WOODROW HOMES, INC., A California Corporation ~G~Z~ By: Name: Philip G. ader Its: Vice President, Land & Planning CITY OF CUPERTINO By: Name: Title: ~~ -3- 07/07/05 70070076/427517-2 07/19/05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of LG(1'~~Q C.U~tCU. On ~~„~ L_ \~l . ~C~S before me, y~~~-j*;j~ (C1 S~ mr,~n Nr,~ar.t ~~;~j1 ~C _ , Date Name and Title of Officer (e.g., "Jane Doe, Not ry Public") personally appeared ~ h 1 ~ ~ 7 'CYlQC~~1~ , Na~~me(~~s) of Signer(s) sYpersonally known to me ^ proved to me on the basis of satisfactory evidence VERONICA SIMON Commission # 1439918 .v Notary Public -California Contra Cosa County My Comm. Expires Sep 16, 2007 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. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this /orm to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ,. ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 August 8, 2005 Job No. A00088-14 Page 1 of 4 EXHIBIT "A" LEGAL DESCRIPTION For Maintenance Agreement All that certain real property lying within the City of Cupertino, County of Santa Clara, State of California and being a portion of Torre Avenue as shown on the certain map of Tract No. 9612 filed for record on December 28, 2004 in Book 779 of Maps at pages 48 and 49, Official Records and being more particularly described as follows: AREA 1 Beginning at a point on the westerly line of Torre Avenue at the northeast corner of Lot 6 as both are shown on said map; Thence along said westerly line of Tone Avenue South 00°56'43" West, 89.34 feet to the True Point of Beginning; Thence continue southerly along said line, South 00°56'43" West, 71.93 feet; Thence leaving said westerly line South 89°03' 17" East, 6.00 feet; Thence northeasterly, along a curve to the left having a radius of 11.50 feet, through a central angle of 90°03' 17", an arc distance of 18.08 feet; Thence North 00°56'43" East, 10.45 feet; Thence westerly, along the arc of a curve to the left having a radius of 0.50 feet, through a central angle of 140°00'00", an arc distance of 1.22 feet; Thence South 40°56'43" West, 13.73 feet; Thence North 49°03' 17" West, 10.00 feet; Thence North 40°56'43" East, 10.73 feet; Thence North 49°03'17" West, 9.00 feet; Thence North 40°56'43" East, 10.73 feet; Thence North 49°03'17" West, 9.00 feet; F:\PROJECTSW00088-7\LEGAL DESCRIPTIONS\MAINTANCE ESMT.doc August 8, 2005 Job No. A00088-14 Page 2 of 4 Thence North 40°56'43" East, 10.73 feet; Thence North 49°03'17" West, 9.00 feet; Thence North 40°56'31" East, 15.32 feet; Thence North 89°03' 17" West, 9.98 feet to the True Point of Beginning. AREA 2 Beginning at a point on the westerly line of Torre Avenue at the northeast corner of Lot 6 as both are shown on said map; Thence along said westerly line of Tone Avenue South 00°56'43" West, 186.27 feet to the True Point of Beginning; Thence continue southerly along said line South 00°56'43" West, 128.35 feet; Thence leaving said westerly line, South 89°03' 17" East, 10.07 feet; Thence North 40°56'43" East, 11.56 feet; Thence North 00°56'43" East, 5.63 feet; Thence westerly, along the arc of a curve to the left having a radius of 0.50 feet, through a central angle of 140°00'00", an arc distance of 1.22 feet; Thence South 40°56'43" West, 13.73 feet; Thence North 49°03'17" West, 10.00 feet; Thence North 40°56'43" East, 10.73 feet; Thence North 49°03'17" West, 9.00 feet; Thence North 40°56'43" East, 10.73 feet; Thence North 49°03'17" West, 9.00 feet; F:\PROJECTS\A00088-7\LEGAL DESCRIPTIONSWIAINTANCE ESMT.doc