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12-138 Maintenance Agreement, 20900 Stevens Creek Blvd APN 359-08-024 RECORDING REQUESTED BY: DOCUMENT: 21 91 03 7 2 Pages: 8 . . . . * City of Cupertino Fees No Fees Taxes. Copies. WHEN RECORDED, MAIL TO: AMT PAID City Clerk's Office REGINA ALCOMENDRAS RDE # 008 City of Cupertino SANTA CLARA COUNTY RECORDER 10/22/2012 10300 Torre Avenue Recorded at the request of 12 31 PM Cupertino, CA 95014-3255 C i ty (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 MAINTENANCE AGREEMENT 20900 Stevens Creek Boulevard APN 359-08-024 Original 71 For Fast Endorsement RECORDED AT THE REQUEST OF ) And ) WHEN RECORDED RETURN TO: ) ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT 20900 Stevens Creek Boulevard APN 359-08-024 THI§ MAINTENANCE AGREEMENT("Agreement")is made and entered into this Nci day of 0(7'1'01)4,20 /Z.by Union Church of Cupertino, a corporation, (hereinafter referred to as"Declarant"),and the City of Cupertino("City"). RECITALS: This Agreement is made and entered into with reference to the following facts: A. The real property and improvements that comprise Union Church of Cupertino is located at 20900 Stevens Creek Boulevard,within the City of Cupertino("City"),County of Santa Clara, State of California. 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 the City of certain improvements,including paver block sidewalk and landscaping,that is situated on real property owned by City along 20900 Stevens Creek Boulevard in front of the Project,and to establish certain criteria and procedures for the accomplishment of said maintenance,repair and replacement. NOW,THEREFORE the parties hereto agree as follows: 1. Covenants Running With the Land:Property 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 benefit 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 1 Agreement against any other Owner,tenant or occupant of the said property,or any portion thereof. 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,and keep in good condition all improvements,including paver block sidewalks,irrigation, and landscaping located on the portion of the City's property that abuts and fronts the Project("the Frontage Area of the Project")along 20900 Stevens Creek Boulevard to back of curb line,excepting there from any City standard public sidewalk abutting the property line of the Project which shall remain the maintenance responsibility of the City. 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 Frontage Area of the Proj ect described in paragraph number two in a good,useable condition under all weather conditions. Said Frontage Area of the Project shall be maintained to the standards, specifications and condition to which,at a minimum,they were originally constructed as evidenced by plans and specifications on file with the City of Cupertino and/or provided to the Declarant. 4. Decisions Regarding Performance of this Agreement: All decisions regarding the need for maintenance,the implementation thereof,and any particular other matters relating to the Frontage Area of the Project shall be determined by 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 landscape maintenance of the Frontage Area of the 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 damages. 7. 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. 8. 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 herein. 9. 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. 2 10. 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. 11. Recordation: It is anticipated that this Agreement shall be recorded and shall be executed and acknowledged in proper recordable form. 12. 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 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. DECLARANT: Union Church of Cupertino,a corporation By: /, / , _ %� (notary acknowledgement attached) William Titlow, Chairman of the Trustee CITY OF CUPERTINO By. Name: Title: c.)-C ivisc k)°' le 5 3 EXIT A REAL PROPERTY in the City of Cupertino,County of Santa Clara,State of California, described as follows: • Beginning at the point of intersection of the Southerly. line of Stevens Creek Road as the same now exists (90 feet wide) with the Westerly.:Iine of that certain parcel of land designated "Parcel No. 1" in the Deed from L. S. Rhodes to krehibald Wilson, dated November 3Q, 1953 and recorded February 18, . 1954 in Book 281? of Official Records, :page 150, Santa Clara:. County Records; thence along the Southerly line of Stevens Creek Road, East. 250.0 feet; then leaving said last named line and running parallel to the Westerly line at said Parcel No. 1, S. 0° 02' W. 200.0 feet; thence parallel to said line of . Stevens Creek Road, at 302.0 feet; thence parallel to said Westerly lute of said Parcel No. 1, S. 0° 02' W. 224.84 feet to the• South line of said Parcel No. X; thence along said South line, West 552.0 feet to the Southwest corner of said Parce]. No. 1; thence along the 'Westerly line thereof, N. 0° 02',E. 424.84 feet to the point of beginning, 'being a part of the Southwest one- quarter of.$eotion 13, Township ? South Range 2 West, M.D.B.&fl. • Commonly known as: 20900 Stevens Creek Boulevard APN 359-08-02.4 • • CALIFORNIA ALL-PURPOSE ACKNOWLEIDGMENT CIVIL CODE§ 1189 <i--v;v v-• r'v••• vas,--•i—• v, •�• >• is .'''r �>- v-v �„ +--• � • „ • ./^ v;-•/7-4N State of California �� County of Sa-, i G(CI Cy (' A� t On Qc-f- • 2 f 2� f a before me, kt.-s--cy k-u,ce- v4,-G 4 4/o-��,y PJ 6 /, c �.: Date Here In�Name and Title bf the Officer / ; personally appeared Wi //f ci ilk 77 i/o w Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person fts) whose name is re subscribed to the within instrument and acknowledged to me that Jhe/they executed the same in l er/their authorized capacity, and that by 1 hi er/their signature,(,sj on the instrument the persori(sl, or the entity upon behalf of which the ; t, persor01 acted, executed the instrument. i KIRSTEN RENEE SOUARCIA I certify under PENALTY OF PERJURY under the 0, t �11 ,:_? Commission• 1906898 laws of the State of California that the foregoing �� yi z ! Notary Public-California _ paragraph is true and correct. S � �!►` Santa Clara Courtly ,i5 Comm.E res Oct 4,2014 WITNESS my hand and official seal. k t / - ; Signature. L-,_ - .. P Place Notary Seal Above Signature of Nota V'ublic ?� OPTIONAL t Though the information below is not required by law, it mey prove valuable to persons relying on the document i�and could prevent fraudulent removal and reattachment of this form to another document.Description of Attached Document Ap,J ,3s-9_o2-oay / • Title or Type of Document: /t//4f cti,�e �yneM,�../4 zogoz. ,f/rve.,cC'-e� B1Yd I. ^� 9 (' Document Date: Qr ¢0 4..r Z/ Zo//_ Number of Pages: C Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) % Signer's Name: Signer's Name: 5 • ❑ Corporate Officer—Title(s): C Corporate Officer—Title(s): i • LI Individual RIGHT THUMBPRINT Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER ( ❑ Partner—LI Limited ❑General Top of thumb here I— Partner—❑ Limited El General Top of thumb here .��� ❑ Attorney in Fact 11 Attorney in Fact El Trustee 1=Trustee i� ❑ Guardian or Conservator C Guardian or Conservator 9 ❑ Other: C Other: .YJ ;5 • Signer Is Representing: 'Signer Is Representing: �j ..._..4\-2;•‘_..\.,.'•‘-.• v..'.s■-,• . .tip\_,• �,...2.," &.. "� 1G`1rfs vim•'• • _ : ' • .-:�. •.a ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-E 827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEIDGMENT CIVIL CODE§ 1189 )l State of California .) t t County of Sy,, CI 1.-a i t On �c 74. /C., 2 of before me, >�r.-s7e y /C HGe �g rra vc.'4� /vo7c ir,/✓,6/r.c �� Date Here Ins Name and Title of the Officer ,. r personally appeared 7 f h1 m 8.. ,--,/e ; Name(s)of Signer(s) tC ;S who proved to me on the basis of satisfactory ( evidence to be the person whose name . tare ( subscribed to the within instrument and acknowledged >> to me that 0/she/they executed the same in ' is er/their authorized capacity, and that by t is her/their signatureks`) on the instrument the person (4(sj, or the entity upon behalf of which the t personf,e) acted, executed the instrument. t ..„ KKIRS EN RENEE MARCIA I certify under PENALTY OF PERJURY under the .. �,V4::',1)„ Commission 0 1906898 Z laws of the State of California that the foregoing % i Notar Public-California z t ,r Notary > paragraph is true and correct. �� Santa Clara County — My Comm.Expires Oct 4, 2014 t WITNESS my hand and official seal. V ;� ��/ V Signature: tee.-, X -re 5 Place Notary Seal Above Signature of Notary Public OPTIONAL v� Though the information below is not required by law, it may prove valuable to persons relying on the document 5 and could prevent fraudulent removal and reattachment of this form to another document. A • Description of Attached Document / �� tTitle or Type of Document: //q/n a0ce 0"PPn'tCt,7/1 2o9z,0 -r' r•.7s�eae� B/ i. ,�, Document Date: 9c A,f;e,-- Z/ Zo /Z Number of Pages: T i Signer(s) Other Than Named Above: if//7//4 27 f/°w V Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: V ❑ Corporate Officer—Title(s): II Corporate Officer—Title(s): ❑ Individual RIGHT THUMBPRINT 1Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER n ❑ Partner—❑Limited ❑General Top of thumb here II Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee ❑Trustee V ❑ Guardian or Conservator ❑Guardian or Conservator 9 C. ❑ Other: II Other: Signer Is Representing: Signer Is Representing: (t ghl l •+., • _ .._,ti.._\_...,._�.._. '_.�,.. • .....•_1 sz " wa. ..• ' >,`.• \_. .k2. '• ti.�:• •..:$ ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-4827) Item#5907 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. This is to certify that the maintenance agreement with 20900 Stevens Creek Boulevard and the City of Cupertino, a governmental agency is hereby accepted by the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: October 16, 2012 By: I 1 410,0 r ; - _ /1 Brittany Mora - -Carey City Clerk's I► ce