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E-795 Maintenance Agreement, 20803 Stevens Creek Blvd and 10033 Saich Way t' :t RECORDING REQUESTED BY: D O C UI Ih E N T : 22702225 Pages: 10 Fees. . . . + No Fees City of Cupertino Taxes. . . i Copies. . WHEN RECORDED,MAIL TO: AMT PAID City Clerk's Office REGINA ALCOMENDRAS RDE # 888 SANTA CLARA COUNTY RECORDER 9/09/2014 City of Cupertino Recorded at the request of 1 :36 PM 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 20803 Stevens Creek Blvd[ and 10033 Saich Way Cupertino, CA 95014 APN 326-32-041 and 326-32-042 Original 71 For Fast Endorsement + a RECORDED AT THE REQUEST OF ) And WHEN RECORDED RETURN TO: ) SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT 20803 Stevens Creek Blvd and 10033 Saich Way Cupertino, CCA 95014 APN 326-32-041 :and 326-32-042 THIS MAINTENANCE AGREEMENT("Agreement") is made and entered into this 2'8-9- day of Av vs+ 2014, by owner/developer, Saich VVay Station, 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 Saich Way Station is located at 20803 Stevens Creek Blvd and 10033 Saich Way 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 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 improveme'nts, including landscaping, that is situated on real property owned by City along 20803 Stevens Creek Blvd and 10033 Saich Way in front of the Project, 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 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. 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 i new condition all improvements, paver blocks, irrigation, sidewalk lighting, and landscaping located on the portion of the City's property that abuts and fronts the Project ("the Frontage Area of the Project") along 20803 Stevens Creek Blvd and 1033 Saich Way to back of curb line, excepting therefrom the standard public sidewalk abutting the property line of the Project which shall remain the maintenance responsibility of the City. 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 2 and delineated on Exhibit "B" in excellent, like new and 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 such that they do not interfere with easements, rights of way, utilities, or safe access, and to a high standard that is comparable to other improvements at similar high quality developments in the City and along Stevens Creek Boulevard. 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. Declarant shall comply with all applicable provisions of Labor Code Section 1720, et seq. 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 Declarant's or Declarant's employees, officers, officials, agents or independent contractors, obligations under this Agreement, including, without limitation, the repair, replacement and maintenance obligations described in paragraph 2. 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 not commence work under this Agreement until it has obtained all insurance required. Declarant shall maintain Worker's Compensation Insurance, and if applicable shall also require all subcontractors to provide Worker's Compensation Insurance. 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. 8. 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. i 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 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. 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 documents,the most recently duly executed and recorded amendment shall be controlling. Executed the day and year first above written. DECLARANT: Saich Way Station, LLC, a California limited liability company By: (notary acknowledgement attached) AalN. Borelli, Manager CITY OF CUPERTINO By: Name: r Title: Approved as to Form City Attorney i O ACKNOWLEDGMENT State of California County of Santa Clara on July 10, 2014 before me, Perla L. Ramirez, Notary Public (insert name and title of the officer) personally appeared Ralph N. Borelli, Manager who proved to me on the basis of satisfactory evidence to be the person(-sj whose name( is/at=e subscribed to the within instrument and acknowledged to me that he/s*Hl-N-.y executed the same in his/he#their authorized capacity(4es-), and that by his/he4their signature*on the instrument the person(s-); or the entity upon behalf of which the person(-9-yacted, 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. PERLA L.RAMIREZ Commission# 1990479 •�' Notary Public-California z Santa Clara County Mi Comm.Ex ires Se 7, 2016 Signatur (Seal) a ! 0 C AL91FORNIGA ALL-PURPOSE ACC NOWLEDGMEN'T Cq!!0L CODE § 1189 RC•`'.c�C".c-`C•`.[-C`.c-`c4`.cc:c�^:[K`.cC`.c-�:4�`.c=K`^ - - - "�'''^ - - - State of California / County of On 2 `7' before me, k�l�s-tti_.1-1 kenec ��v40--o,'9 Date Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorA whose name(4 bare subscribed to th within instrument and acknowledged tome that �he/they executed the same in 5; -ier/their authorized capacity( and that by hiS�her/their signature} on the instrument the peirson(p(, or the entity upon behalf of which the KIRSTEN RENEE SOUARCIA peirson,(8) acted, executed the instrument. � ,�•. Commission# 1906898 Q :t=ae s; Notary Public-California z I certify under PENALTY OF PERJURY under the laws Z �,'' Santa Clara County D 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 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:l''gte'7 r�ee c�-�'7� Document Date: 2-9,20ly 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: (.����`=:�r�`'_ii✓•�Vv_V`V�Y`.V'.�V`=`�_ �'._.V._. �--,�V`.^J�V.=y/�V:-�/��n=. _ � T`...'{;V'�-.V,viV_`-'lti���,�Y�V,v���W.�L�V.�Y_ ©2013 National Notary Association o www.NationalNotary.org o 1-800-US NOTARY (1-800-876-6827) Item #5907 c� f. 'D Exhibit A (Legal Description of First Parcel) All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: All of Lot 1 as shown upon that certain Map entitled Tract No. 4245 Santa Clara County, California Official Records, recorded on December 28, 1966 in Book 217 of Maps at Page 47. Excepting therefrom the underground water rights as conveyed to the City of Cupertino by Deed recorded February 3, 1967 in Book 7631 of Official Records, Page 483. APN: 326-32-041 and 042 July 9, 2014 H M H 4033.10.320 Page 1 of 1 EXHIBIT B MAINTENANCE AGREEMENT AREA REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a 10 foot wide portion of the Saich Way and Stevens Creek Boulevard public street right of ways, the westerly and northerly side of said 10 foot wide strip is described as follows: Beginning at the northeast corner of Lot 1, as shown on that map of Tract 4245 filed for record December 28, 1966 in Book 217 of Maps, page 47, Santa Clara County.Records; Thence South 000 53' 11" West, 470.93 feet alone the easterly line of said Lot 1 to the beginning of a tangent curve to the right; Thence Southerly and Westerly along said curve having a radius of 30 feet, through a central angle of 890 52' 52", an arc length of 47.06 feet; Thence-North 890 13' 57" West, 78.64 feet along lihe southerly line of said Lot 1 to the Terminus of said 10 foot wide strip. - This legal description was prepared by me or under my direction, pursuant to the requirements of the Professional Land Surveyor's Act. DATE: I,x/ 41 o, L7422 'OF 403310LD004.dotx 1570 Oakland Road San Jose, California 95131 (408) 487-2200 (408)487-2222 Fax www.HMHca.com POE o . LEGEND POB POINT OF BEGINNING AREA SUBJECT TO THE Q MAINTENANCE AGREEMENT IQ . o r, LOT 1 3 Q 0 TRACT 4245 217—M-47 LOO 0 APN N I L742 32E5—32-041 & 042 10.00' AREA SUBJECT TO THE MAINTENANCE LOT 3 AGREEMENT PARCEL MAP 477—M-51 A=89'5252" R=30.00' TERMINUS 539'13'57"E L=47.06' 78.64' / 0 30 60 1, — 1 IN. = 60 FT. STEVENS CREEK BLVD 0 SHEET 1 OF .1 Date: 2014 07 09 � Designed: RL Drown: DT �' EXHIBIT B A . Checked: TG Prol En .: ZJJ 1570 Oakland Road (408)487-2200 403310PL004 San Jose,CA 95131 HMHca.com CUPERTINO CALIFORNIA 0 i .i a "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. 20803 Stevens Creek Blvd. and 10033 Saich Way Cupertino, CA 95014 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:September 2, 2014 Y Andrea Sa ers Senior Office Assistant r� 4