D-608 Deed Restriction, 22120 Stevens Creek Blvd., APN 357-09-053RECORDING 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 27281
DOCUMENT: 22446318
11iiIIPIIIII1II1IIIIIIIIIII11�i11l1ll11
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the-rsquest of
City
Pages: 17
Fees.... 5.00
Taxes...
Copies..
AMT PAID 5.00
RDE # 004
11/15/2013
4 1 1 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
DEED RESTRICTION
22120 Stevens Creek Boulevard, Cupertino, CA 95014
APN 357 -09 -053
Rf Original
M For Fast Endorsement
"NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant dated
November 7, 2013, from
22120 Stevens Creek Boulevard, Cupertino, CA 95014
to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public
Works Director, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: November 14, 2013
By. /
Kirsten- Squarcia
Deputy City Clerk
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RECORDING REQUESTED BY:
California Department of Parks and Recreation
Dffice of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296 -0001
Attn: Lowell Landowski
I. WHEREAS, the
DEED RESTRICTION
of
(hereinafter referred to as " Owner(s)" is /are recorded
owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference
(hereinafter referred to as the "Property"); and
II. WHEREAS, the California Department of lurks and Recreation (hereinafter referred to
as "DPR ") is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the "PRC "). And
III. WHEREAS, Owner(s) (or Applicants) applied to DPR for grant funds available pursuant
to the Habitat. Conservation Fund , Riparian Habitat Program for Restore approximately 550 feet of
riverine and riparian forest along Stevens Creek. on the Property; and
IV. WHEREAS, on July 1. 2012 , DPR's Ofl ice of Grants and Local Services conditionally
approved Grant HR-43 -003 , (hereinafter referred to as "Grant ") for Restore approximately 550 feet of
riverine and riparian forest along Stevens Creek. on the Property, subject to, among other conditions,
recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the Habitat Conservation Fund, Riparian
Habitat and the funds that are the subject of the Grant could therefore not have been granted; and
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VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant,
so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
undersigned Owner(s) for himself/herself /themselves and for his/her /their heirs, assigns, and successors -
in- interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at
paragraph(s) I through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use
and enjoyment of the Property that °are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall
bind Owners) and all his /her /their assigns or successors-in.-interest for the period running from July 1,
, 2012 through June 30, 2032.
2. TAXES AND ASSESMENTS. It is intencled that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
Ithe Property within the meaning of section 37120) of the California Revenue and Taxation Code, or
successor statue, which survives a sale of tax - deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at
reasonably acceptable to,Owner(s) to ascertain whether"the use restrictions set forth above are being
I observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the: terms and conditions of this Deed Restriction.
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n the event of a breach, any forbearance on the part ofDPR to enforce the terms and provisions hereof
;hall not be deemed a waiver of enforcement rights regarding any subsequent breach.
5. SEVERABILITY. If any provision of these, restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: NtVf_6n6e(' -7—,20 13
Business Name (if property is owned by a business):
Signed:
red: g
rnm Bottler I�ire (hraf M!"orks
PRINT/TYPE NAME & CAPACITY OF ABOVE PRINT/TYPE NAME & CAPACITY OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED)
I * *NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE **
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State of California
County of Sg H f9 vq
�arLi
On AloVt,, -, .r 2-(!!, before me, !� ty Ae-" ee a No� tary Public,
personally appeared ;,, rn Bo lA' e.h _ , who proved to me on the basis of
satisfactory evidence to be the person(,s'j:whose nameV6are- subscribed to the within instrument and
acknowledged to me thatehe /they executed the same in his/her /their authorized capacity(., and that
by of er /their signature(4 on the instrument the person(4, or the entity upon behalf of which the
person(4 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.
KIRSTEN RENEE SOUARCIA E
�. Commission # 1906898
WITNESS my hand and official seal. _ Y •o Notary Public - California
Santa Clara County
My Comm. Expires Oct 4, 2014
Signature K-e--e (Seal)
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Beginning at the point of intersection of the Southerly line of the Stevens Creek Road, as it formerly existed 40 feet
wide, with the center line of Stevens Creek; thence in a general Southerly direction along the center line of Stevens
Creek the following courses and distances: South 481 30' East 110.55 feet; South 590 45' East 132.00 feet; South
4511 East 162.03 feet; South ° 37' East 122.10 feet; South 41 8' West.231,66 feet; South 240 West 80.26 feet;
South 36J1 West 199,32 feet; South 250 West 54.12 feet; and South 361 30' West 107.38 feet to a station
designated D.S.5 from which a sycamore 14 inches in diameter marked B.T.D.S.5 bears South 36° 45' East 17..82
feet; thence leaving the center line of Stevens Creek and running along the Easterly line of Monta Vista Park, the Map
of which is of record in Book "P" of Maps, page 19, Santa Clara County Records, and along the Easterly line of
Inspiration Point, Monta Vista, the Map of which is of record in Book "P" of Maps, page 18, Santa Clara County
Records, the following courses and distances: North 41 41''Nest 339.24 feet to a station designated D.S.r; North 40
11' West 191.40 feet to a pipe; and North 1211 1' West 448.00 feet to a pipe at the Northeasterly corner of said
Inspiration Point, Monta Vista; thence North 371 42' West 13,00 feet to a pipe on said Southerly line of Stevens Creek
Road; thence along said Southerly line of Stevens Creek Road, North 8911 East 84.48 feet to the point of beginning,
being a portion of the San Antonio Rancho, and being shown upon that certain Map entitled "Map of a Survey made
for Adelheid M. Stocklmeir in the San Antonio Rancho ", which Map was filed for record in the office of the Recorder
of the County of Santa Clara, State of California, on December 29, 1915, in Book "0" of Maps, page 88.
Excepting therefrom all that certain land conveyed to The City of Cupertino, a Municipal Corporation recorded
September 29, 1986 as Instrument No. 8962038 in Book J861, Official Records, page 2072, more particularly
described as follows:
Being a portion of the San Antonio Rancho being more particularly described as follows:
eginning at a point in the Easterly boundary of "Tract No. 5915" recorded in Book 384 of Maps at pages 18 and 19,
Santa Clara County Records, said point being the Northeasterly boundary corner of "lot 30" as shown upon said Map;
Thence from said point of beginning, along said Easterly boundary line of "Tract No. 5915 ", No.rth 11 ° 58' 43" West
42.00 feet to the Northeasterly boundary corner of the "Map of Inspiration Point, Monta Vista ", as recorded in Book
"P" of Maps at page 18, Santa Clara County Records, said point also being the "Tract No. 5915" and designated as
"Stevens Creek Blvd. ";
Thence leaving said Easterly boundary line of "Tract No. 5915 ", North 371 55' 03" West 5.80 feet to the intersection
thereof with anon- tangent curve having a radius of 988.01 feet, the radius point of which bears South 131 18' 30"
East, said point being the True Point of Beginning of this description;
Thence from said True Point of beginning, Easterly on the arc of said curve, through a central angle of 0° 12' 43
for an arc length of 3.66 feet to a point of compound curvature;
Thence, continuing Easterly on the arc of a curve having a radius of 35.00 feet; through a central angle of 271 21' 15 ",
for an are length of 16.71 feet to a point of reverse curvature;
Thence continuing Easterly on the arc of a curve having a radius f 20.00 feet; through a central angle of 25 ° 19' 20 ",
for an are length of 8,84 feet, a radial at said point bears South 11 ° 03' 52" East;
Thence North 781 56' 08" East 6.62 feet;
Thence North 821 57' 52" East, 42.66 feet to a point in the centerline of Stevens Creek, said point being in the
Southerly right of way line of Stevens Creek Boulevard (40.00 feet wide as it formerly existed);
i'hence along said Southerly right of say line of Stevens Creek Boulevard, South 880 46' 38" West 81.76 feet;
Thence leaving said Southerly right of way line of Stevens Creek Boulevard, South 370 55' 03" East 6.57 feet to the
True Point of Beginning.
GRANTEE
City of Cupertino
EXHIBIT B
State of California • Natural Ravources Agency
Department of Parks and Recreation
GRANT CONTRACT
Habitat Conservation Fund
Riparian Habitat
PROJECT PERFORMANCE PERIOD is from July 01, 2012 thru March 31, 2017
PROJECT TITLE STEVENS CREEK PARK RESTORATION PHASE 2
PROJECT NUMBER HR -43 -003
Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project description,
and the State of California, acting through its Director of Parks and Recreation•pursu:int to the program named above, agrees to fund the
project up to the total grant amount indicated.
PROJECT DESCRIPTION
Restore approximately 550 feet of riverine and riparian forest along Stevens Creek.
Total State Grant not to exceed $114,000.00 (or 50% of thedotal project, whichever is less)
City of Cupertino
Grantee
By --
Typed or printed name of Authorized Representative
Signature of Authorized Representative
Address /�` r Q {vi'�p %t�? %� v 1--,4 1 DI�
Title r �i�r ��cC t�G /S
Date r_ 7
i
The General and Special Provisions attached are made a part
of and Incorporated Into the Contract.
STATE Of, CALIFORNIA
DEPART N O,FJPARKS D RECREATION
By
Date
CERTIFICATION OF: FUNDING
CONTRACT NO
AMENDMENT NO
CALSTARS VENDOR NO. —
PROS JECT NO.
C9769012
400000417500
HR -43 -003 —_—
AMOUNT ENCUMBERED BY THIS DOCUMENT
FUND.
$114,000.00
Habitat Conservation Fund
PRIOR AMOUNT ENCUMBERED FOR THIS
—r — -- r-- - - - - - -�
I ITEM t CHAPTER I STATUTE I FISCAL YEAR
CONTRACT
3790- 101 - 0262(1) 21/12 12 2012113
TOTAL AMOUNT ENCUMBERED TO DATE
INDEX. i OBJ.'EXPEND i PCA. i PROJECT I WORK PHASE j
$ $114;000:00
1091 i 702 — 1 63662 --
T.B.A. NO.
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
B.R.. NO.
ACCOUNTING OFFICER'S:SIG ATURE �7
DATE:
EXHIBIT B
III. GENERAL PROVISIONS
A. Definitions
As used in this agreement, the following words shall have the following meanings:
1. The term "ACT" means the statutory basis for this grant program.
2. The term "APPLICATION" means the individual project APPLICATION packet for a grant
pursuant to the enabling legislation and /or.g rant -program process Grant Administration
Guide requirements.
3. The term "ACQUISITION" means to obtain fee title of real property or a permanent
easement which provides the recipient permanent rights to use the property for the
purposes of the project. Leases or rentals do not constitute ACQUISITION.
4. The term "CONTRACT PERFORMANCE PERIOD" means the period of time described
on page 1 of this agreement.
5. The term "DEVELOPMENT" (trails category onUy) means capital improvements to real
property by, but not limited to, improvement, construction, reconstruction, and /or
protection of permanent or fixed features of the property..
6. The term "ENHANCEMENT" means to increase the habitat value of the land to benefit
the targeted species.
7. The term "GRANT PERFORMANCE PERIOD "' means the period of time described on
page 1 of this agreement, during which eligible costs can be charged to the grant and
which begins on. the appropriation date and ends on the fund liquidation date.
8. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE /cost estimate
form found in the APPLICATION.
9. The term "GUIDES" means the documents idE)ntified as the APPLICATION and Grant
Administration GUIDES for the Habitat Conservation Fund program for deer /mountain
lion habitat, rare, endangered, threatened, or fully- protected species habitat, wetlands,
anadromous salmonids and trout habitat, riparian habitat, trails, and WILDLIFE AREA
ACTIVITIES, as incorporated by reference in " ritle 14, California Code of Regulations,
Section 4870 -4877.
10.. The term "RESTORATION" means the act of bringing either land or a species back into
a former, non - impaired condition.
EXHIB.[,r B
11. The term "STATE" refers to the State of California acting by and through the Department
of Parks and Recreation.
12. The term "WILDLIFE AREA ACTIVITIES" means an event, or series of events to be
accomplished with grant funds, such as a nature interpretation, educational, or other
enrichment project, (e.g., classes, trips, etc.), organized and/or conducted by the
grantee., and intended to bring urban residents, into park and wildlife areas.
B. Project Execution
1. Subject to the availability of grant monies in the ACT, the STATE hereby grants to the
grantee a sum of money not to exceed the amount stated on page 1 of this agreement, in
consideration of, and on condition that, the sum be expended in carrying out the purposes
set forth in the GRANT SCOPE, and under the terms and conditions set forth in this
agreement.
The grantee shall assume the obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE.
2. After the STATE has approved the APPLICATION, all changes and alterations to the
GRANT SCOPE must be approved in writing by the STATE. Grantee's failure to comply
with this provision may be construed as ,a breach of the terms. of the agreement and result
in the termination of payment of the grant monif;s provided for in this agreement.
To maintain the integrity of the competitive:gra r.it program, the grantee agrees that any
other project changes or alterations which deviate from the GRANT SCOPE in the
original competitive APPLICATION must be submitted in writing to the STATE for prior
approval.
3. The grantee shall complete the GRANT SCOPE in accordance with the time of the
GRANT PERFORMANCE PERIOD set forth on page one of this agreement, and .under
the terms and conditions of this agreement.
4. The grantee shall comply with the California Environmental Quality Act (Public Resources
Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et.
seq.).
5. The grantee shall at all times comply with all applicable current laws and regulations
affecting ACQUISITION, ENHANCEMENT, RESTORATION, DEVELOPMENT, AND
WILDLIFE AREA ACTIVITIES projects, including, but not limited to, legal requirements for
construction contracts, building codes, health and safety codes, and laws and codes
pertaining to individuals with disabilities, including but not limited to the Americans With
Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.) and the California Unruh Act
(California Civil Code §51 et seq.)
EXHIBIT B
6. If the GRANT SCOPE includes ACQUISITION of real property, the grantee agrees to
comply at all times with all applicable STATE and local laws or ordinances affecting
relocation and real property ACQUISITION.
7, Grantee agrees that lands acquired with grant monies shall not be acquired through the
use of eminent domain.
C. Project Costs
1. Grantee agrees to abide by the GUIDES.
2. Grantee acknowledges that the STATE may make reasonable changes to its procedures
as set forth in the GUIDES If the STATE mikes any changes to its procedures and
guidelines, the STATE agrees to .notify granteE, within a reasonable time.
D. Project Administration
1. If the STATE advances grant monies for ACQUISITION projects, the STATE shall place
the grant monies in an escrow account. If grant monies are advanced and not expended,
the unused portion of the advanced funds shall be returned to the STATE within 60 days
after the close of escrow.
2. If grant monies are advanced for an ENHANCEMENT, RESTORATION,
DEVELOPMENT, or WILDLIFE AREA ACTIVITIES project, the advanced funds shall be
placed in an interest- bearing account until expended. Advanced funds :must be spent
within six months from the date .of receipt, unless the STATE waives this requirement.
Interest earned on the advanced funds shall be used on the project as approved by the
STATE. If grant monies are advanced and not Expended, the unused portion of the
advance and any unused interest earned shall be returned to the STATE within 60 days
after project completion or the end of the GRANT PERFORMANCE PERIOD, whichever
is earlier.
3. The grantee shall submit a written status repori`. within 30 calendar days after the STATE
has made such a request. In any event, the grantee shall provide the STATE a report
showing total final project expenditures within 60 days of project completion or the end of
the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT
PERFORMANCE PERIOD is identified on paGE. one of this agreement.
4. The STATE shall have the right to inspect all property or facilities acquired and /or
developed pursuant to this agreement and the grantee shall make such property or
facilities available for inspection upon 24 hour;3' notice from the STATE.
5. The grantee and the STATE agree that if the GRANT SCOPE includes ENHANCEMENT,
RESTORATION, :DEVELOPMENT, or WILDLIFE AREA ACTIVITIES project activities,
EXHIBIT B
final payment may not be made until the work.described in the GRANT SCOPE is
complete.
6. Any grant funds that have not been expended by the grantee by the date on the
PROJECT COMPLETION Certification form, or by end of the GRANT PERFORMANCE
PERIOD, whichever is earlier, shall revert to the STATE.
E. Project Termination
1. In the event of non - completion of a GRANT SCOPE, the STATE may request the return
of any grant funds advanced or reimbursed.
2. This agreement maybe rescinded., modified or amended only by mutual written
agreement between the grantee and the STATE, unless the provisions of this agreement
provide that mutual agreement is not required for a rescission, modification or amendment.
3. Failure by the grantee to comply with-the terms of this agreement, as well as any other
agreements that grantee has entered into with STATE, may be cause for suspension of
all obligations of the STATE under this agreement unless the STATE determines. that
such failure was due to no fault of the grantee, In such case, STATE may reimburse
grantee for eligible costs properly incurred in performance of this agreement despite
non- performance of the grantee. To qualify for such reimbursement, grantee agrees to
mitigate its losses to the best of its ability.
4. The grantee agrees that in the event of a breach of this agreement, the STATE may seek,
in addition to all remedies provide by law, specific performance of the agreement in
accordance with the purpose of the agreement to preserve, protect and increase the
quantity and quality of habitat opportunities andi'or resources available to the people of the
State of California.
F. Budget Contingency Clause
For purposes of this program, if funding for any fiscal year is reduced or deleted by the
budget act, executive order, the legislature, or by any other provision of statute, the.
STATE shall have the option to either cancel this agreement with no liability occurring to
the STATE, or offer an amendment to the -agreement to reflect a reduced grant amount.
This paragraph shall not require the mutual agreement as addressed in Paragraph E,
subsection 2, of this agreement.
G. Indemnity
1. The grantee shall waive all claims and recoursE� against the STATE including the right to
contribution for loss or damage to persons or property arising from, growing out of or in
EXHIBIT B
any way connected with or incident to this agreement, except valid legal claims arising
from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. To the fullest extent of the law, the grantee shall indemnify, hold harmless and defend
the STATE, its officers, agents and employees against any and all claims, demands,
damages, costs, expenses or liability costs arising out of an ACQUISITION,
ENHANCEMENT, RESTORATION, DEVELOPMENT, or WILDLIFE AREA ACTIVITIES
project, construction, operation or maintenance of the property described as the project
which claims, demands or causes of action arise! under California Government Code
Section 895.2 or otherwise except for liability arising out of the concurrent or sole
negligence of the STATE, its officers, agents, or employees.
3. The grantee agrees that in the event the STATE. is named as codefendant under the
provisions of California Government Code Section 895 et. seq., the grantee shall notify
the STATE of such :fact and shall represent the STATE in the legal action unless the
STATE undertakes to represent itself as codefendant in such legal action in which event
the STATE shall bear its own litigation costs, expenses, and attorney's fees.
4. The grantee and the STATE agree that in the event of judgment entered against the
STATE and the grantee because of the concurrent negligence of the STATE and the
grantee, their officers, agents, or employees, an apportionment of liability to pay such
judgment shall be made by a court of competent jurisdiction.
5. The grantee shall indemnify, hold harmless and defend the STATE, its officers, agents
and employees against any and all claims, demands, costs, expenses or liability costs
.arising out of legal actions pursuant to items to which the grantee has certified. The
grantee acknowledges that it is solely responsible for compliance with items to which it
has certified.
H. Financial Records'
1. The grantee shall maintain satisfactory financial accounts, documents and records for
the project and make them available to the STATE for auditing at reasonable times.
The grantee also agrees to retain such financial accounts, documents and records for at
least five years following project termination or final payment, whichever is later. -
2. The grantee shall keep such records as the STATE shall prescribe, including records
which fully disclose (a) the disposition of the proceeds of grant monies,.(b) the total cost
of the project, (c) the amount and nature of project funds provided by other sources, and
(d) any other records that will facilitate an effective audit of the grant monies.
3. The grantee agrees that the STATE shall have the right to inspect and make copies of
any books,, records or reports pertaining to this agreement or matters related thereto
during regular office hours. The grantee shall maintain and make available for
EXHIBIT B
in by the STATE accurate records of all of its costs, disbursements and receipts
with respect to .its activities under this agreement. Such accounts, documents, and
records shall be retained by the GRANTEE for at least 5 years following final payment of
grant monies.
4. The grantee shall use a generally accepted accounting system, per state and federal
requirements.
I. Use of Facilities
1. The grantee agrees to operate and maintain project sites and /or locations for the
duration of the CONTRACT PERFORMANCE PERIOD. If any property is acquired,
enhanced, restored, or developed with grant monies, the grantee is required to operate
and maintain the same for the duration of the CONTRACT PERFORMANCE PERIOD.
2. The grantee agrees that during the GRANT PERFORMANCE PERIOD, any income
earned by the grantee from a STATE - approved use of the project shall be used for
project purposes, or, if approved by the STATE:, for other purposes within the grantee's
jurisdiction.
3. The grantee acknowledges that reasonable public access shall be provided except
when that access may interfere with habitat protection.
4. All facilities shall have operating hours consistent with the times proposed in the
.APPLICATION and be open to members of thE) public in accordance with the project
selection criteria in the APPLICATION, unless otherwise granted permission by the
STATE and except as noted under the special provisions of this agreement or under
provisions of the enabling legislation and /or grant program.
5. The grantee agrees that for the duration of the! CONTRACT PERFORMANCE PERIOD,
any :property acquired, enhanced, restored or developed with grant monies under this
agreement shall be used only for the purposes of the grant and consistent with the
GRANT SCOPE referenced in the APPLICATION unless .prior written approval is given
by the STATE.
6. The grantee agrees to use any property acquired, enhanced, restored, or developed
with grant monies under this agreement only for the purposes of the grant and no other
use, sale, or other disposition shall be permitted except as authorized by a specific act
of the legislature in which event the property shall be replaced by the grantee with
property of equivalent value and usefulness as determined by the STATE.
7. The property acquired, enhanced, restored, or developed with grant monies may be
transferred to another eligible entity only if the successor entity assumes the obligations
imposed under this agreement and with written approval of the STATE.
EXHIB[T B
8. Any real property acquired or developed with grant monies (including any portion of it or
any interest in it) may not be used as security for any debt or mitigation, without the
written approval of the STATE, provided that such approval shall not be unreasonably
withheld as long as the purposes for which the grant monies were awarded are
maintained. Any such permission that is granted does not make the STATE a guarantor
or a surety for any debt or mitigation, nor does it waive the STATE's rights to enforce
performance under this agreement.
9. All real property or rights thereto, acquired with grant monies shall be subject to an
appropriate form of restrictive title, rights, or covenants required and approved by the
STATE. If the project property is taken by use of eminent domain, grantee shall
reimburse the STATE an amount at least equal to the amount of grant monies received
from the STATE or the pro -rated full market value of the real property, including
improvements, at the time of sale, whichever is higher.
10. If eminent domain proceedings are initiated against grantee, grantee shall notify the
STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The grantee shall not discriminate against any person on the basis of sex, race, creed,
color, national origin, age, religion, ancestry, sexual orientation, disability, medical
condition, or marital status in the use of project site(s) as included in the APPLICATION.
2. The grantee shall not discriminate against any person on the basis of residence, and
shall not apply differences in admission or other fees on the basis of residence. Fees
shall be reasonable and. not unduly prevent USE; by economically disadvantaged
members of the public.
K. Severability
If any provision of this agreement or the application thereof is held invalid, that invalidity
shall not affect other provisions or applications of the agreement which can be given effect
without the invalid provision or application, and to this end the provisions of this contract
are severable.
L. Liability
STATE assumes no responsibility for assuring the safety of construction, site
improvements or programs related to the GRANT SCOPE. The STATE's rights under this
agreement to review, inspect, and approve the ERRANT SCOPE and any final plans of
EXHIBIT B
implementation shall not give rise to any warranty or representation that the GRANT
SCOPE and any plans or improvements are .free from hazards or defects.
M. Assignability
Without the written consent of the STATE, the grantee's interest in and responsibilities
under this agreement shall not be assignable by the grantee either in whole or in part.
N. Section Headings
The headings and captions of the various section., of this agreement have been inserted
only for the purpose of convenience and are not a part of this agreement and shall not be
deemed in any manner to modify., explain, or restrict any of the provisions of this.
agreement.
EXHIBIT B
O. Waiver
Any failure by a party to enforce its rights under this agreement, in the event of a breach,
shall not be construed as a waiver of said rights; and waiver of any breach under this
agreement shall not be construed as a waiver of any subsequent breach.
city of Cupertino
Grantee
By:
Signature of
Representative (Position Authorized in the Kesoiuuon)
Title: Public Works Director
Date:
OFFICE OF THE DIRECTOR OF PUBLIC WORKS
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 717 -3354 • FAX: (408) 777 -3333
DATE: December 30, 2013
TO: Distribution
FROM: Gail Seeds
RE: Stevens Creek Corridor Phase 2, Project 9134 — deed restriction,
Habitat Conservation Fund program
For your records, attached is a copy of the deed restriction that is associated with the grant
funding agreement for the Stevens Creek Corridor Park and Restoration Phase 2 project
from the State of California's Habitat Conservation Fund grant program.
cb
Distribution: City Clerk, Parks & Rec /C. Atw- ood /J. Lamy
File 92;069.02/ 9134.10- HCF grant & 9134.06
M
•
November 15, 2013
OFFICE OF THE DIRECTOR OF PUBLIC WORKS
CITY HALL
10300 TORRE AVENUE: • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777-3354 • FAX: (408) 777 -3333
Mr. Lowell Landowski, Project Officer
California Natural Resources Agency
Department of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296 -0001
Re.: Stevens Creek Corridor Park and Restoration Phase 2,
Project HR- 43-004
Dear Mr. Landowski,
A deed restriction relating to the above - referenced project has been recorded with the Santa Clara
County Clerk- Recorder. A copy is enclosed for your reference.
Please feel free to contact me by phone at 408- 777 -1334 or by email at gails a,cupertino.or if
anything further is needed. Thank you for your continuing support of this project.
Yours truly,
Gail Seeds
Park Restoration and Improvement Manager
Enclosure
cc: City Clerk, File 92,069.02/9134.10/HCF grant