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E-793 Stormwater Management Facilities Operation and Maintenance Agreement, 22772 Alcalde Rd, APN 342-44-014 DOCUMENT: 22703488 Pages: 14 RECORDING REQUESTED BY: Fees. . . . + No Fees Taxes. . . City of Cupertino AMT I PAID WHEN RECORDED,MAIL TO: REGINA ALCOMENDRAS RDE # 008 SANTA CLARA COUNTY RECORDER 9/10/2014 Recorded at the request of 2:09 PM City Clerk's Office C i t y City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPpJCE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 MAINTENANCI', AGREEMENT 22772 Alcalde Road APN 342-44-014 34-0-riginal 0 For Fast Endorsement r RECORDING REQUESTED BY AND WHEN RECORDED MAIL DOCUMENT TO: City Clerk's Office City of Cupertino 10300 Torre Ave Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 e_Space Above This Line for Recorder's Use Only A.P,N,: 342-44-014 File No.: () MAINTENAhlCE AGREEMENT This document is being re-recorded in order to correct the title to read "Maintenance Agreement". Mail Tax Statements To: SAME AS ABOVE SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6 RECORDING REQUESTED BY: pageS: 10 DOCUMENT: 226506-23' �— Fees. � No Fees City of Cupertino . . • Taxes. . Copies. . ' WHEN RECORDED,MAIL,TO: AMT PA 1 D RDE # 006 City Clerk's Office REGINA ALCOMENDRAS. 7/18/2014 City of Cupertino SANTA CLARA COUNTY RECORDER 1 y ;28 AM 10300 Torre Avenue Recorded at the request, of r County Agency Cupertino, CA 95014-3255 - u (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 S9popedwWA-9FER 11 =i* i Sr{3PEkk-T-I-ONND MAINTENANCE AGREEMENT 22772 Alealde Road APN 34244-014 (_X-Original 0 For Fast Endorsement RECORDED AT THE REQUEST OF And WHEN RECORDED RETURN TO: City Clerk i City of Cupertino 10300 Torre Ave ;; Cupertino,CA 95014 SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCES AGREEMENT 22772 Aluddle Road A.PN 342-44-014 2 Aid THIS MAINTENANCE AGREEMENT(;"Agreement")is made and entered into this day of SIt-y .20-L!L by Neel Dhamdhere,a married man as his sole ad separate property,("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 Neel Dhamdhere's Residence is located at 22772 Alcalde Road within the City of Cupertino ("City"), County of Santa Clara, State of California. B. As set forth , the provisions of this Agreement are intended to and shall run with the land and be binding upon all owners,successors'and assigns of the land,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 and retaining walls,that is situated adjacent to San Fellipe Road which is maintained by City along the property frontage at 22772 Alcalde Road, and to establish certain criteria and procedures for the accomplishment of maintenance,repair and repiac:ement. NOW,THEREFORE the parties hereto agree as follows: 1. Covenants Running with the Land, 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 Ishall 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 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. 1 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, remove and keep in excellent, like new condition, less ordinary wear and tear, all improvements, retaining walls, slopes and landscaping located adjacent to San Felipe Road where it abuts and fronts the project("all of the improvements described shall collectively be known as"the Project")at 22772 Alcalde Road to back of curb, abutting the property line of the Project. Exhibit "I" shows the area for which Declarant is responsible for maintenance. Declarant on its own property shall provide lateral and subjacent support for San Felipe Road. 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 Area of the Project its described in paragraph 2 and delineated on Exhibit "1" in excellent, like new and useable condition, less ordinary wear and tear, and to ensure the adequate stability of City facilities adjacent to the project, under all weather conditions. The 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 and residences 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 thiis,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 Area of the Project shal I be determined by the City.. 5. ln_d_emnity. 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 maintenance by Declarant or Declarant's employees, officers, officials, agents or independent contractors of the Area of the Project described in paragraph 2 and delineated on Exhibit "I". 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. This indemnity is limited to the extent that the claims, liabilities,actions,causes of action, and damages arise out of the sole negligence of City's employees, agents, representatives, contractors, vendors or consultants. 6. Insurance Requirements: Declarant shall maintain Comprehensive General Liability in an amount of not less than$1,000,000.00. 7. 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,the prevailing parry in the action or arbitration shall b.-entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs,expenses and damages. 2 8. Further Documents: The parties covenant and agree that they shall execute further documents and instructions as shall be necessarl to fully effectuate the terms and provisions of this Agreement. 9. 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. 10. Severability: In the event any part or prevision 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 frorri the invalid, unenforceable provisions shall, nevertheless,continue in full force and effect. H. 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. 12. Recordation: It is anticipated that this Agreement shall be recorded and shall be executed and acknowledged in proper recordable form. 13. 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: Owner By: �' (notary acknowledgement attached) Neel Dhamdhere CITY OF CUPERTINO By: Name: Title: t- � 1A 6r�5 A rmroved as to Form f4 OJ 1 A City Attorney 3 CIVIL CODE § 1189 State of California County of 5ct-17�t C/01 "-9 r On AvqV-4 21, 2-01Lf before me, hS�Le17 leehee �q/G /Va 74-.4 �S; Date Name and itle of the O icer personally appeared /wr B °rwe►� Name(s) of Signer(s) who proved to me on the basis of satisfac ory evidence to be the person whose name('is re subscribed to t,h within instrument and acknowledged 'o-Mme that ( she/they executed the same in - hisAer/their authorized capacity�e/s), and that by r5i hic/her/their signature' on the instrument the KIRSTEN RENEE SauARCiA person(sj, or the entity upon behalf of which the `n om?• Commission# 1906898 Z person(�racted, executed the instrument. Z : V Notary Public-California D I certify under PENALTY OF PERJURY under the laws Z Santa Clara County of the State of California that the foregoing paragraph My Comm. Expires Oct 4, 2014 is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: Signature of Notary ublic Though this section is optional, completing this information can.deter alteration of the document or fraudulent reattachment of this fon-n to an unintended document. Description of Attached Document Title or Type of Document: ' C.HCt vec cnt Document Date: T) Y 2 , 20i y Number of Pages: Signer(s) Other Than Named Above: Nec/ a-,,c--14 ere Capacity(Aes) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2013 National Notary Association o www.NationalNotary.org o 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: () STATE OF California )SS APN No: COUNTY OF ) On before me, _ , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the docu meets. ❑ INDIVIDUAL ❑ CORPORATE OFFICERS) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED *rO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE _ Reproduced by First American Title Company National Commercial Services 11/2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: () STATE OF California )SS APN No: COUNTY OF ) On before me, _ , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL ❑ CORPORATE OFFICERS) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ (;[:-:NEPAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE _ Reproduced tyy First American Tine Company National Commercial Services 11/2007 r LEGAL DESCRIRTION EXHIBrr"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,AND IS.DESCRIBED AS FOLLOWS. PARCEL 1: ALL OF LOT 215, AS SHOWN UPON THAT CERTAIN MAID ENTrTLED "MAP OF INSPIRATION HEIGHTS, MONTH VISTA,"WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA .a ARA,STATE OF CALIFORNIA,ON APRIL 11, 1917,IN BOOK P OF MAPS$AT PAGES)-13 AND 15. PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 14 FEET OF LOT 216. Assessor's Parcel Number: 342-44-014 AL.DALDE ROAD 0 N ��o o - N89.40'00"W 79.05' ..��� 25.00 I W Ln �., 1 - I LOT 215 0 `y o o z o �-- P MAPS 13 V) o p Q d~ ! Co (l a O o°. E_- O �w ( �Q t1'►N�SUR r'� o h-- d .- _ o 0 � X n U N f ��5 PHILIP c �E`�. � .°o � � Co J 0 W Cif t WOOTTON 0 w N a— O ! .._ ono p r. "_� cn o Lu 7j I o D✓ l.� �- 2 o° w d ' 0 Z F QQ O J W CI- 0 p o° L' Div o 0 d D` W I �F CA�-�F z _o 0 Oo Q � (!) D I GRAPHIC SCALE Q V) z o a U l o 10 20 .o � o z° d O ui I inch = 20 ft. P.O.B. � N89'40100"W 90.09' -. 25.00' 8.67' 4.61' N04.45'58°w LOT 216 LOT 217 P MAPS 13 P MAPS 13 DATE: 04/06/2014 EX al r ' 1 2277,E ALCALDE ROAD SCALE: 1"=20' PLA T OF LEGAL DESCRIPTION CUPERTINO SANTA CLARA COUNTY CALIFORNIA EXHISIT',l' LEGAL DESCRIPTION OF PROPERTY BEING A PORTION OF THE NORTHWEST QUARTER Of:SECTION 22,TOWNSHIP 7 SOUTH,RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN THE QUIET TITLE ACTION FILED AS DOCUMENT NO.22047406,SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING,NORTH 89-4 OT WEST 8.67 FEET; THENCE NORTH 04 045'58"WEST4.61 FEET TO AN ANGLE POINT; THENCE NORTH 00001'42" EAST 42.79 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 53.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°54'26" AN ARC DISTANCE OF 31.37 FEET TO A POINT ON THE WESTERLY LINE OF SAID PROPERTY DESCRIBED IN SAID DOCUMENT NO. 22047406; - THENCE-ALONG SAID LINE SOUTH 77.00 FEET TO THE POINT OF BEGINNING. CONTAINING 609 SQUARE FEET,MORE OR LESS, END-OF DESCRIPTION. �v PHluP c V WOOTTON p No am � - ���OF CA1.%F�P� J "NO FEE" City of Ct.,tpertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. 22772 Alealde Road 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:July 14,2014 By; Andrea Sander Senior Off' ssistant "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Governme:n.t Code. 22772 Alcallde Road 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:August 29, 2014 By: /�jolum Andrea Sa '' rs Senior Office Assistant RECORDING REQUESTED BY: Pages: 10 DOCUMENT : 22650623 Fees. . . . Y No Fees City of Cupertino I I Taxes. . . i Cop i Ps WHEN RECORDED,MAIL TO: AMT PAID City lerk's Office RDE # 006 ty REGINA ALCOMENDRAS 7/18/201 City of Cupertino SANTA CLARA COUNTY RECORDER 11 :28 AM Recorded at the request of 10300 Torre Avenue County Agency Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE'27383 STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT 22772 Ak.alde Road APN 342-44-014 (N,Original 13 For Fast Endorsement 1 s RECORDED AT THE REQUEST OF ) And ) WHEN RECORDED RETURN TO: ) City Clerk ) City of Cupertino ) 10300 Torre Ave ) Cupertino, CA 95014 ) SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT 22772 Alcalde Road APN 342-44-014 2 n d THIS MAINTENANCE AGREEMENT("Agreement") is made and entered into this day of 1"4 y ' 20 1'f, by Neel Dhamdhere, a married man as his sole ad separate property, ("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 Neel Dhamdhere's Residence is located at 22772 Alcalde Road within the City of Cupertino ("City"), County of Santa Clara, State of California. B. As set forth ,the provisions of this Agreement are intended to and shall run with the land and be binding upon all owners, successors and assigns of the land,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 and retaining walls,that is situated adjacent to San Felipe Road which is maintained by City along the property frontage at 22772 Alcalde Road, and to establish certain criteria and procedures for the accomplishment of 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 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 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. 1 t 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, remove and keep in excellent, like new condition, less ordinary wear and tear, all improvements, retaining walls, slopes and landscaping located adjacent to San Felipe Road where it abuts and fronts the project("all of the improvements described shall collectively be known as"the Project") at 22772 Alcalde Road to back of curb, abutting the property line of the Project. Exhibit "1" shows the area for which Declarant is responsible for maintenance. Declarant on its own property shall provide lateral and subjacent support for San Felipe Road. 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 Area of the Project as described in paragraph 2 and delineated on Exhibit "1" in excellent, like new and useable condition, less ordinary wear and tear, and to ensure the adequate stability of City facilities adjacent to the project, under all weather conditions. The 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 and residences 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 Re a�g rding Performance of this Agreement: All decisions regarding the need for maintenance,the implementation, the removal, and any particular other matters relating to the 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 maintenance by Declarant or Declarant's employees, officers, officials, agents or independent contractors of the Area of the Project described in paragraph 2 and delineated on Exhibit "I". 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. This indemnity is limited to the extent that the claims, liabilities, actions, causes of action, and damages arise out of the sole negligence of City's employees, agents, representatives, contractors, vendors or consultants. 6. Insurance Requirements: Declarant shall maintain Comprehensive General Liability in an amount of not less than$1,000,000.00. 7. 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, the prevailing party in the action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. 2 ti. 8. Further Documents: The parties covenant and agree that they shall execute further documents and instructions as shalt be necessary to fully effectuate the terms and provisions of this Agreement. 9. 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. 10. Severabilit . In the event any part or prevision 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. 11. 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. 12. Recordation: It is anticipated that this Agreement shall be recorded and shall be executed and acknowledged in proper recordable form. 13. 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 documens, the most recently duly executed and recorded amendment shall be controlling. Executed the day and year first above written.. DECLARANT: Owner By: �` (notary acknowledgement attached) Neel Dhamdhere CITY OF CUPERTINO By: 1 Name: Title:-ZX G ,r 6� �0ti6�c,� AoDroved as to Form A,ANUM--'A City Attorney 3 C AL91FORIM19A Qdd- URIPOSE ACKNOWLEDGMlENU CIVIL CODE § 1189 State of California County of -r� Cl S On �Y ,� a -e �/d vim► c Zit�Y before me, �� �r �'' P S7 y P c Date Name and Title of the Officer personally appeared Iye c ti a W 4 e,-,r Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sy whose name(,a'aare subscribed to the within instrument and acknowledged to me that�e she/they executed the same in is/ner/their authorized capacity(09), and that by his,�her/their signature' on the instrument the KIRSTEN RENEE SOUARCIA p orsonA, or the entity upon behalf of which the �' .• Commission# 190689 person( acted, executed the instrument. 8 Z p :, Notary Public-California > Santa Clara County I certify under PENALTY OF PERJURY under the laws � • of the State of California that the foregoing paragraph My Comm. Expires Oct 4, 2014 is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: --� Signature of Notary Pu lic OPTIONAL Though this section is optional, completing this information can.deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: /t 4 11 AkO--�Document Date: 2-1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2013 National Notary Association o www.NationalNotar.y.org o 1-800-US NOTARY(1-800-876-6827) Item #5907 e / .y OAMG=ORHOA ALL-PURPOSE PURPOo SC AOKN oOWLEDGME.MV CIVIL CODE § 1189 State of California County of sc 4-m C I 4k,.-!5 On J-v y 9 2-o i`/ before me, V-_r e e c L/a(r-c f�� , Aj o Date Name and Title of the Officer personally appeared -,/VA VVI C3 0 r'�c�t Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(,'�Oare subscribed to the within instrument and acknowledged to me that (gh /she/they executed the same in hi,�/her/their authorized capacity(iips), and that by jersonW,;/her/their signatureo) on the instrument the KIRSTEN RENEE SOUAR or the entity upon behalf of which the CIA perso acted, executed the instrument. ' Commission # 1906898 Z Notary Public-California z I certify under PENALTY OF PERJURY under the laws Santa Clara County D of the State of California that the foregoing paragraph My Comm. Expires Oct 4, 2014 is Prue and correct. WITNESS my hand and official seal. c Place Notary Seal Above Signature: Signature of Notary Publ OPTIONAL Though this section is optional, completing this ini"ormation can_deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:/1' k("J i-ta ncc Document Date: TL,,, 2- Number of Pages: Signer(s) Other Than Named Above: Ale- ' /� a r.,,, e./'e Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2013 National Notary Association o www.National Notary,org o 1-800-US NOTARY(1-800-876-6827) Item #5907 e LEGAL DES;GRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF LOT 215, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF INSPIRATION HEIGHTS, MONTA VISTA," WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917, IN BOOK P OF MAPS,AT PAGE(S) 13 AND 15. PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 14 FEET OF LOT 216. Assessor's Parcel Number: 342-44-014 A CALDE ROACH 0 CN N89*40'00"W 7905' LOT 215 4 I P MAPS 13 � 0 < 00 < -- , to _ M u) -- =j No X98 C) 3 �- CL if Lli C LL Li.1 , N Gi 0 W fL C GRAPHIC SCALE � cn u f o 16 20 40 � 0 V) 0 0 z --mm" 1 inch 20 ft. 4.6,0-/ 8.6-1 N04"4558"'W LOT 21-6 LOT 217 P MAPS 13 P MAPS 1 DATE: 04/06/2014 EXH101 x.2772 ALCALDE ROAD r SANTA CLARA COUNTY' CALIFORNIA EXHIBIT`.1' LEGAL DESCRIPTION OF PROPERTY BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN THE QUIET TITLE ACTION FILED AS DOCUMENT NO.22047406,SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING, NORTH&9-4(Y00-WEST 8.67 FEET; THENCE NORTH 04°45'58"WEST 4.61 FEET TO AN ANGLE POINT; THENCE NORTH 0'0001"42" EAST 42.79 FEET TO THE: BEGINNING OF A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 53.00 FEET; THENCE.ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33054'26" AN ARC 'DISTANCE OF 31.37 FEET TO A POINT ON THE WESTERLY LINE OF SAID PROPERTY. DESCRIBED IN SAID DOCUMENT NO. 22047406; - THENCE ALONG SAID LINE SOUTH 77.00 FEET TO THE POINT OF BEGINNING. CONTAINING 609 SQUARE FEET, MORE.OR LESS, END OF DESCRIPTION. C;i D PHILIP C WOOTTON No 8398 OP C AO� i. "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. 22772 Alcalde Road 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 July 14, 2014 By: Andrea Sand�e`r� Senior Offidssistant