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D-624 Deed Restriction portion of sections 22, T.7.S.,R.2W., M.D.B & M., lots 96, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, 99, and Vallectico, Reso 14-140 DOCUMENT: 22625095 Pages: 20 i Fees. . . . 5.00 RECORDING REQUESTED BY I I I I Taxes. . . Copies. . City of Cupertino AMT PA[D 5.08 REGINA ALCOMENDRAS RDE # 024 WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 6/18/201'4 Recorded at the request of 2: 17 P11 City Clerk's Office City City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 DEED RESTRICTION A portion of section 22, T.7.S.,R. 2 W ., M.D.B. & M. and including therein portions of lots 96, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, and 99, and a portion of Vallecito Road Rob erti-Z'b erg-Harris --Urban Needs Basis Grant RU-43-001A r Original 0 For Fast Endorsement I RECORDING REQUESTED BY: California Department of Parks and Recreation 2 Office of Grants and Local Services 3 WHEN RECORDED MAIL TO: Office of Grants and Local Services 4 PO Box 942896 Sacramento,CA 94296-0001 5 Attn: Natalie Bee 6 7 8 DEED RESTRICTION 9 10 I. WHEREAS,the City of Cupertino, a municipal corporation (hereinafter referred to as 11 "Owner(s)"is/are recorded owner(s) of the real property described in Exhibit A, attached and 12 incorporated herein by reference(hereinafter referred to as the"Property"); and 13 II. WHEREAS,the California Department of Parks and Recreation(hereinafter referred to " 14 as"DPR")is a public agency created and existing under the authority of section 5001 of the California 15 Public Resources Code(hereinafter referred to as the"PRC"). And 16 III. WHEREAS, Owner(s) (or Applicants) applied to DPR for grant funds available pursuant 17 to the 2002 Resources Bond Act , Roberti-Z'berg-Harris -Urban Needs Basis Program for A 18 " development project in the City of Cupertino to construct an environmental center and outdoor exhibit 19 20 space on the Property; and 21 IV. WHEREAS, on July 1. 2011 ,DPR's Office of Grants and Local Services conditionally 22 approved Grant RU-43-001 A, (hereinafter referred to as"Grant") for A development project in the City 23 of Cupertino to construct an environmental center and outdoor exhibit space on the Property, subject to, 24 among other conditions,recordation of this Deed Restriction on the Property; and 25 V. WHEREAS,but for the imposition of the Deed Restriction condition of the Grant, the 26 Grant would riot be consistent with the public purposes of the 2002 Resources Bond Act, Roberti- 27 1 " all available legal and/or equitable remedies to enforce the terns and conditions of this Deed Restriction. 1 . 2 In the event of a breach, any forbearance on the part of DPR to enforce the terns and provisions hereof 3 shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 4 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any 5 reason becomes unenforceable,no other provision shall be affected or impaired. 6 7 Dated:.-, Z ., 20 8 9 Business Name ifproperty is owned by a business):_ 10 1 1 .arl¢2 7 ': �tji�t: `t ^s1dnGSi k ey.::f' �o, • Signed: Signed: 12 nLt y Irc "i"°a •' r• G �i h 13 PRINT/TYPE NAME&CAPACITY,_ ABOVE PRINT/TYPE NAME&CAPACITY OF ABOVE :.L l•., .(GRANTEE S AUTHORIZEp_REPRFENTATIVE) ' (ADDITIONAL SIGNATURE,AS REQUIRED) 14 15 16 17 18 19 20 "NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** 21 22 23 24 25 26 a 27 3 EXHIBIT A l LEGAL DES CRIPT[ON OF PROPERTY ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF SECTION 22,T.7.S.,R.2 W.,M.D.B. &M. AND INCLUDING THEREIN PROTIONS OF LOTS 96; 85,86, 87,88, 89,90,91, 92,95,96,AND 99,AND A PORTION OF VALLECITO ROAD AS SAID LOTS AND ROAD ARE SHOWN ON THE MAP OF MONTA VISTA.PARK,WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF SANTA CLARA COUNTY ON APRIL 11, 1917 IN BOOK"P"OF MAPS,PAGE 19,DESCRIBED AS FOLLOWS: BEGINNING AT A ONE INCH IRON.PIPE AT THE IN'T'ERSECTION THEREOF THE CENTERLINE OF MCCLELLAN ROAD AND THE WESTERLY BOUNDARY LINE OF THE COLONY TRACT,THE MAP OF WHICH IS ON FILE IN THE OFFICE OF THE RECORDER OF THE SAID COUNTY IN BOOK"P"OF MAPS, PAGE 21;THENCE ALONG SAID CENTERLINE OF 1VICCLELLAN ROAD S. 64°31' 12"W..103.80 FEET TO A 3/a"I.P..;THENCE S.78'57' 47"W. 196.60 FEET TO A 3/a"IRON PIPE;THENCE S.61',49'.47"W.'296.20 FEETTO A 3/a"I.P. SANTA CLARA COUNTY STATION 17+7694;THENCE S. 80° 27' 54"W. 145.54 FEET TO A 3/a"I.P.;THENCE N. 54'03' 06"W. 113.46 FEET TO THE INTERSECTION OF THE CENTERLINE OF MCCLELLAN ROAD WITH THE SOUTHWESTERLY LWE OF THAT CERTAIN 15.25 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM CLIFFORD J. SIMMS,ET UX,TO HIROSUKE INOUYE,ET UX, RECORDED JULY 22, 1955 IN BOOK 3232 OF OFFICIAL RECORDS,PAGE 86,SANTA CLARA COUTY RECORDS;THENCE LEAVING SAID CENTERLINE_AND RUNNING THE SOUTHWESTERLY LINE OF SAID 15.25 ACRE TRACT N.250 07' W.41.33 FEET TO THE NORTHEASTERLY LINE OF MCCLELLAN ROAD;THENCE ALONG'SAID NORTHEASTERLY LINE S. 54°03'06"E.44.85 FEET TO THE SOUTHEASTERLY TERMINUS OF THE AGREED BOUNDARY LINE,AS DESCRIBED IN THE AGREEMENT EXECUTED BY AND BETWEEN CLIFFORD J.-SIMMS,.ET UX AND HIROSUKE INOUYE, RECORDED OCTOBER 7, 1957 IN BOOK 3907 OF OFFICIAL RECORDS,PAGE 35,RECORDS OF.SAID COUNTY,SAID AGREED BOUNDARY LINE ALSO SHOWN ON THE MAP OF RECORD OF SURVEY ON FILE IN BOOK 67 OF MAPS,PAGE 36;THENCE LEAVING THE NORTHEASTERLY LINE OF MCCLELLAN ROAD ALONG SAID AGREED LINE BEING THE CENTERLINE OF STEVENS CREEK,AS THE SAME EXISTED AT THE DATE OF AGREEMENT THE FOLLOWING COURSES AND DISTANCES:N. 120 03' 33"W.75.91 FEET;THENCE N.54°02' 36"W. 82.13 FEET;THENCE N. 19°24' 36"W. 330.00 FEET; TINCE N. 60 23' 24"E. 124.55 FEET;THENCE N.53°06' 59"E.219.56 FEET;THENCE N.30° 17' 17E. 159.80 FEET;THENCE N. 51°34' 47"E. 154.46 FEET;'CHENCE N. 88'09'50"'E. 177.37 FEET;THENCE S. 610 46' 55"E. 153.27 FEET;THENCE S.45°24'00"E. 114.77 FEET;THENCE S. 16°02'E. 100.58 FEET; THENCE S. 680 40' 00"E. 121.93 FEET TO THE INTERSECTION THEREOF WITH THE WESTERLY LINE OF THE COLONY TRACT HEREIN ABOVE REFERRED TO;THENCE LEAVING SAID CENTERLINE OF STEVENS CREEK AND AGREED BOUNDARY LINE AND.RUNNING ALONG THE WESTERLY LINE OF SAID COLONY TRACT AND THE EASTERLY LINE OF MONTA VISTA PARK S.470 15' 00"W.47.64 FEET TO THE SOUTHERLY CORNER OF LOT 99 SAID MONTA VISTA PARK MARKED BY A FENCE POST; THENCE LEAVING SAID MONTA VISTA PARK AND CONTINUING ALONG THE WESTERLY LINE OF SAID COLONY TRACT S. 80 06'48"E.438.93 FEET TO THE POINT OF BEGINNING AND CONTAINING APPROXIMATELY 15.37 ACRES. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO SANTA CLARA COUNTY FLOOD CONTROL AND WATER DISTRICT,A PUBLIC CORPORATION BY GRANT DEED RECORDED OCTOBER 5, 1972 IN BOOK 0054,PAGE 9,OFFICIAL RECORDS,DESCRIBED THEREIN AS FOLLOWS: "BEING A PORTION OF THE LANDS OF THE CITY OF CUPERTINO AS DESCRIBED IN THE DEED RECORDED IN BOOK 3232 OF OFFICIAL RECORDS AT PAGE 86 ET SEQ.,SANTA CLARA COUNTY RECORDS,TO WIT: ALL OF SAID LANDS LYING WITHIN A STRIP OF LAND-1.20 FEET IN WIDTH,THE CENTER LINE OF SAID STRIP BEING THE NOW EXISTING CENTER LTVE OF STEVENS CREEK AS SAID STRIP IS SHOWN ON `EXHIBIT A2' ATTACHED HERETO AND MADE A PART HEREOF." n GRANT CONTRACT This AGREEMENT is hereby made and agreed: upon by the State of California, acting through the California Department of Parks and: Recreation (hereinafter referred to as "STATE") and City of Cupertino (hereinafter refrred to as "GRANTEE") pursuant to.the Roberti-Z'berq-Harris - Urban Needs Basis in-the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Aot of 2002. RECITALS 1. On or about 6/7/2006 the STATE and GRANTEE entered into Grant Contract #CO214003 (hereinafter referred to.as "PREVIOUS CONTRACT")for an amount not to exceed $ 251,000. This grant was funded in accordance Nivith the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, also known as Proposition 40. 2. The completion date set'forth in the PREVIOUS CONTRACT was 6/30/2012. The GRANTEE did not complete the grant project(s)or spend its entire allocation prior to the contract liquidation date and, therefore, is not discharged from its obligations under the PREVIOUS CONTRACT. 3. Pursuant to the PREVIOUS CONTRACT, STATE disbursed grant funds to GRANTEE in the total amount of 251 000, leaving a balance in.the amount of 251,000 for use by GRANTEE. 15. On or about June 30, 2011, Chapter.33 of the Statutes of 2011 (hereinafter`Budget Bill of 2011/12") was enacted. Item 3790-401 stated that all grant.funds previously appropriated from Proposition 40 that have not been expended by grant recipients prior to June 30', 2011 shall revert to the funds from which the appropriations were made. This provisions effectively terminated STATE's authority to pay out further grant funds under the PREVIOUS CONTRACT. Pursuant to section 3790-103-6029 of the Budget Bill of 2011112, the Legislature appropriated an amount.equivalent to the balance remaining on June 30,.2011 in the 2002 California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund. The Legislature made these funds available for grants.previously appropriated from Proposition 40 funds which are deemed to have the highest priority statewide consistent with Section 5096.633 of the Public Resources Code. These funds are available for encumbrance on or before June 30, 2013. Per Government Code section 16304, ,the liquidation period of these funds is extended to on or before June 30, 2015. 5. Pursuant to the Budget Bill of 2011/12, item number 3790-103-6029 and 3790-401, STATE and GRANTEE agree to enter into.this Agreement (hereinafter referred to as"CONTRACT"). which establishes terms and conditions that allow the expenditure of the newly appropriated grant funds established by Senate Bill 87 to complete the project(s) set forth in the CONTRACT. STATE and GRANTEE agree to cancel.the PREVIOUS CONTRACT and agree to be bound by the terms and conditions of this CONTRACT: 1 138. The term "DEVELOPMENT" means capital improvements to real property by means of construction of permanent or fixed features of the property. 139. The term "GRANT PERFORMANCE PERIOD" means the period,of time described in.the Section I of this contract during which eligible costs can be charged to the grant and-which begins on the date.of appropriation and ends on the fund liquidation date. 140. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form(s)found in the APPLICATI.ON(s). 141. The term "PROCEDURAL GUIDE:" means the document identified as the "Procedural Guide for the 2002 Resources Bond Act [subprogram namej..The GUIDE provides the procedures and policies controlling the administration of the grant. 142. The term:"PROJECT TERMINATION" refers to the non-completion of a GRANT SCOPE. 143. The term "REASONABLE HOURS OF OPERATION" means that the facility is available to the public during days and times consistent with the type.of property, the amount of the STATE GRANT MONIES invested in the project, the time of year, and the operating hours of similar facilities in nearby communities. 144. The term "STATE" refers to the :3tate of California acting by and through the California Department of Parks and Recreation. B. Project Execution 78,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 in Section-I of this CONTRACT, in consideration of, and on condition that, thel sum be expended in carrying out the purposes set forth in the GRANT SCOPE(S), and under the terms and conditions set forth in this CONTRACT. The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).. 79.All changes and alterations to the GRANT SCOPE must be approved in writing by the STATE. GRANTEE'S failure to comply with-this provision maybe construed as a breach of the terms of the CONTRACT and result in the enforcement of the Project Termination provision section E. found in this CONTRACT. If the contract was funded under a COMPETITIVE GRANT PROGRAM, the GRANTEE agrees that any other project changes or alterations which deviate from the project selection criteria responses provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval. This requirement is necessary to maintain the integrity of the competitive grant process. 3 J 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 CONTRACT. 70. The STATE shall have the right to inspect all property or facilities acquired and/or developed pursuant to this CONTRACT,and the GRANTEE shall make such.property or facilities available for inspection upon 24 hours notice from the STATE. 71, The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete. 72.Any grant funds that have not been expended by the GRANTEE shall revert to the STATE'. E. Deed Restriction ' i 12. In order to ensure that property improved or acquired with GRANT MONIES are used for purposes-consistent with the grant, if the property acquired or developed with GRANT MONIES is owned by the GRANTEE, the GRANTEE must record a deed restriction-on the title to property prior to receiving payments for any purpose other than acquisition. The Deed Restriction-shall include the following elements: ss. DURATION. (a)This Deed Restriction shall remain in full force.and effect and shall bind Owner(s) and all his/her/their assigns-or successors-in-interest during the CONTRACT PERFORMANCE PERIOD-. tt. TAXES AND-ASSESMENTS. The! Deed Restriction shall be 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, the Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue., which survives a sale of tax-deeded property. uu. RIGHT OF ENTRY. STATE or its agent or employees may-enter onto the Property at times reasonably acceptable to Owner(s) to.ascertain whether the use-restrictions set forth above are being observed. vv. 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 the Deed Restriction will be deemed a violation and a breach hereof. STATE may pursue.any and all available legal' and/or equitable remedies to enforce the terms and conditions of the Deed Restriction. In the event of a'breach, any forbearance on the part of STATE to enforce the terms and provisions hereof shall:not be deemed a waiver of enforcement rights regarding any subsequent breach. F. Project Termination 45. In*the.event of non-completion of a GRANT SCOPE, the GRANTEE shall return all° GRANT MONIES to the STATE. 5 shall notify the STATE of such.fact and shall represent the STATE in the legal action 1 unless the STATE undertakes to represE.,nt itself as codefendant in such legal action in which event the STATE shall bear its own litigation costs,.expenses, and attorney's fees. 59.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 E=mployees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. 60.The GRANTEE shall indemnify, hold-han-niess 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. I. Financial Records 23. 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 five years following project termination or final payment, whichever is later. 24. The GRANTEE shall keep such records its 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 use 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 CONTRACT or matters related thereto during regular office hours. The GRANTEE shall maintain.and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for 5 years following final payment of GRANT MONIES. 4. The GRANTEE shall use a generally accE:pted accounting system. J. Use of Facilities 89.The.GRANTEE agrees to operate•and°mc-tintain any property acquired or developed with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE PERIOD. 90.The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any income earned by the GRANTEE from a STATE approved non-recreational use of 7 K. Nondiscrimination 23.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 property or a specific facility included in the GRANT SCOPE(S). 24.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. L. Severability If any provision of this CONTRACT or the application-thereof-is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions.of this contract are severable. i M. 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 CONTRACT to review,,inspect and approve the GRANT SCOPE and any final plans of 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. N. Assignability Without the written consent of the STATE, the RANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in.part. O. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience-and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions*of this CONTRACT. r 9 RESOLUTION NO. 14-140 A IZESOLU`I'.ION OF THE CITY COUNCTI, OF T LL CITY 01" CUPEIMNO fCTHOIZIlINCC THE CI'T'Y MANAGF:I; TO EXECUTE AND IZE COIZ�D A DEED IZI,S'I'MCTION ON MCCLELLAN IZANCF1. PRESERVE PROPL`10'Y WHEREAS, on July 1, 2011, the California Department- of Parks and Recreation (I)PIZ) Office of Grants and Local Services conditionally approved Grant RU-43-001A Roberti-Z'ber.g-Haris-Ur=ban Needs Basis gr�inl (Grant) for the City of Cupertino, and. WHEREAS, the recordation of a Deed Restriction on the Property is a condition of the Grant. The duration of the Deed Rest-rtctron shall remain in full force and effect and shall bind the City for the period described in the Deed Restriction, from July 1, 201.1, through June 30, 2031, and VVHI:REAS, the restriction grants a right of entry and a lirnitation of use to an environmental classroom facility. NOW, THEREFORE/ BE IT RESOLVE'D THAT the City Council of the City of Cupertino hereby authorizes the City Manager to execute and record the Deed Restriction. PASSED AND .ADOPTED at a special. meeti.rig of the City Council of the City of Cupertino this 1st clay of April, 2014, by the 1_ollowi.ng vote.. Vote Mernbers of the City COUnci_1 AYES: Wong, Sinks, Chang, Mahoney, Santoro NODS: None ABSENT: None ABSTAIN: None AVI'EST: APPROVhD: Grace Schmidt, City Clerk �JO �r y Gilbert Wong, Mayor, City of CLipertino THIS IS TO CERTIFY,THAT THE WITHIN INSTRUMENT IS XThI EANp.CORRECT COPY OF THE ORIGINAL_ON FILE IN THIS OFFICE ATTEST 3Lj In,e 19, , 20_L� CITY CLERK OF THE CITY OF CUPERTINO RY "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 April 28, 2014, from A portion of section 22, T.7.S.,R. 2 W ., M.D.B. & M. and including therein portions of lots 96, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, and 99, and a portion of Vallecito Road 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: June 18, 2014 By: Kirsten Squarcia Deputy CitA7 Clerk