14-039 SI 30, LLC Maintenance agreement for 20700 Valley Green Drive APN 326-10-047 i.-
RECORDING REQUESTED BY: DOCUMENT: 22,54977 Pages: 9
Fees. . . . + No Fees
City of Cupertino Taxes. .
1 Copies. .
WHEN RECORDED,MAIL TO: AMT PAID
REGINA ALCOMENDRAS RDE # 004
City Clerk's Office SANTA CLARA COUNTY RECORDER 3/21/2014
City of Cupertino Recorded at the request of 1 1 55 AM
10300 Torre Avenue C i t y
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
MAINTENANCE AGREEMENT
20700 Valley Green Drive
APN 32640-047
C9 Original
0 For Fast Endorsement
RECORDED AT THE REQUEST OF )
And )
WHEN RECORDED RETURN TO: )
SPACE.ABOVE FOR RECORDER'S USE ONLY
MAINTENANCE AGREEMENT
20700 Valley Green Drive
APN 326-10-047
THIS MAINTENANCE AGREEMENT("Agreement") is made and entered into this
day of 20 14 SI 30, LLC, a California limited liability Company, ("Declarant"), and
the City of Cupertino ("City").
RECITALS:
The following recitals are a substantive portion of this Agreement:
A. The real property and improvements that comprise.Apple Valley Green 02 are located at
20700 Valley Green Drive within the City of Cupertino ("City"), County of Santa.Clara, State of
California, and are specifically described in Exhibit:"A".
B. As set forth, 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.
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 landscaping, that
,is situated on real property owned by City along 20700 Valley Green Drive in front of the Project,
and to establish certain criteria and procedures for the accomplishment of maintenance, repair and
replacement of such improvements.
NOW, THEREFORE the parties hereto ae;ree 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 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
and shall be for the benefit of each owner of any of the parcels or any portion of the property and
shall inure to the benefit of and be binding upon each successor in interest of the owners. Each
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 property, or any portion thereof. For purposes of this Agreement, "Declarant"
shall be interpreted to include Declarant and/or its successors in interest.
2. Responsibility for Cost of Repair, Replacement and Maintenance: Declarant shall, at its
sole cost and expense, maintain, repair, replace, remove and keep in excellent, like new condition
1
all improvements, walls, 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 20700 Valley Green
Drive to back of curb line. Exhibit `B" shows the portion.of the City's property for which
Declarant is responsible for maintenance 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 Frontage Area of the Project described in paragraph number two and
delineated on Exhibit "B" in excellent, useable condition under all weather conditions. The
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.' The improvements shall be
maintained to a high standard that is comparable: to other improvements at similar high quality
developments in the City. To accomplish the maintenance, Declarant shall either provide
licensed, qualified personnel to perform the maintenance work or contract with licensed, qualified
companies for this, and any other items necessary to comply with the requirements of this
Agreement.
4. Decisions Regarding Performance of this Agreement: All decisions regarding the need
for maintenance,the implementation, the removal, and any particular other matters relating to the
Frontage Area of the Project shall be determined by the City.
5. Indemnity: Declarant shall, to the fullest extent allowed by law, defend, indemnify, and
hold harmless the City and its officers, officials, agents, employees and volunteers from and
against any liability, claims, actions,causes of action or demands whatsoever against any of them,
including any injury to or death of any person or damage to property or other liability of any
nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the use and landscape maintenance by Declarant or Declarant's employees, officers,
officials, agents or independent contractors of the Frontage Area of the Project described in
paragraph number 2 and delineated on Exhibit "B", save and except damages arising out of the
City's sole negligence or willful misconduct. These costs and expenses shall include reasonable
attorneys' fees of counsel of City's choice, expert fees and all other cost and fees of litigation.
6. Insurance Requirements: Declarant shall maintain in full force and effect at all times
during the term of this Agreement, a policy of insurance naming the City and members of the
City Council of the City of Cupertino individually and collectively, and the officers, agents and
employees of the City individually and collectively, as additional insured. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing named City and
individuals covering all the work performed by, for, or on behalf of said Declarant. Both bodily
injury and property damage insurance must be on an occurrence basis; and said policy or policies
shall provide that the coverage afforded thereby shall be primary coverage to the full limit of
liability stated in the declarations, and if the City, its members of the City Council individually
and collectively, and the officers, agents and employees of the City, individually and collectively,
have other insurance against the loss covered by said policy or policies, that other insurance shall
not be called upon to cover a loss under said additional policy.
The insurance carrier shall be licensed to do business in the state of California and provide proof
of their ratings. All ratings should be Best's Guide;Rating of A, Class VII or better or that is
acceptable to the City. Each of said policies of insurance shall provide coverage in the following
minimum amounts: for general liability for bodily injury, personal injury and property damage
$1,000,000 each occurrence, with an aggregate limit of not less than $2,000,000.
2
7. Further Documents: The parties covenant and agree that they shall execute 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.
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 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`
S130,LL a Cal' Zia limited liability Company
By: (notary acknowledgement attached)
Name o develop`��'' /owner(s) signing
Job1►( _ �cyl - S�a�
CITY OF CUPERTINO
By:
NName: �i�
Title:\vf�c
Ap v d as to Form
Carol Korade, City Attor e
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
} SS.
County of Santa Clara }
On Jam/0.4 F_y /� 20 before me, B.
MAZZONE, a Notary Public in and for said County and State, personally
appeared JOHN MICHAEL SOBRATO
who proved to me on the basis of satisfactory evidence to be the person(.&)
whose name(.&) ism subscribed to the within instrument and acknowledged
to me that he/shy executed the same in his/h° authorized
capacity(ie-s), and that by his�'��pe 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 is true and correct.
WITNESS my hand and official seal
NOTk Y PUBLIC, STATE OF CALIFORNIA
My C mmission #1991894
Expires: October 19, 2016
S. MAllONE
Commission-*-19-91-8-9-4
Notary.Public-California i
Santa Clara County
t Comm.Ex ires Oct 19,2016
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
fiState of California
County of E'L',/,j cl—a
K On IIV44-cA �, 2,-1 before me, I�(rSr4
e,q lee-4 e If S9 Ila- erN 110{a•:�j 10" �-1•1_
Date Here Inse+Name,and Title of he Officer
personally appeared 7-/,f ,A" go -,/L-
Name(s)of Signer(s)
who proved to me on the basis of satisfac
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evidence to be the person(sf whose name bare
subscribed to the within instrument and acknowledged
to me that K9.slh e/they executed the same in
her/their authorized capacity(jef's), and that by
/her/their signature(s) on the instrument the
person(sf, or the entity upon behalf of which the
person(sf acted, executed the instrument.
I ceitify under PENALTY OF PERJURY under
KIRSTEN RENEE SQUARCIA t
Commission # 1906898 IL laws of the State of California that the foregoing
Z Notary Public-California D paragraph is true and correct.
fi Z Santa Clara County
My Comm. Expires-Oct 4,2014 WITNESS my hand and official seal.
Signature:
Place Notary Seal Above Signature of Notary Pub'
-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 form to another document.
Description of Attached Document
Title or Type of Document: ItI4/10�A.17 ce A� -e,- ne,-/c
fi Document Date: ,�yea. 2--, Number of Pages:
Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: &I
fi ❑ Corporate Officer—Title(s):, 0 Corporate Officer—Title(s):
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❑ Individual = 1:1 Individual
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❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑Limited ❑General Top of thumb here
❑ Attorney in Fact El Attorney in Fact
❑ Trustee 1:1 Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
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@ 2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item 45907
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VALLEY GREEN DRIVE
LINE TABLE
LINE BEARING DISTANCE
L1 N 00°20'17" W 61.00'
N L2 N 89°39'43" E 5.00'
� 1
L3 S.00°20'17" E 61.00'
m L4 S 89°39'43" W 5.00'
L5 N 00°20'17" W 22.00'
L6 N 00°20'17"W 24.00'
ENCROACHMENT AREA L7 L7 N 89°39'43" E 5.00'
120± SQ.FT. w L8 S 00°20'17" E 24.00'
L9 S 89°39'43" W 5.00'
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PARCEL A L2
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3350 Stott Boulevard,Building 22 (408)7276665
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"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.
20700 Valley Green Drive
to the City of Cupertino, a governmental agency, is hereby accepted by the order of the
Public Works Director, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated:March 20, 2014
By:
Andrea Sa s
Senior Office Assistant