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14-192 Maintenance Agreement, 20080 Stevens Creek Blvd., APN 369-03-009 • .61 DOCUMENT: 22894827 Pages: 10 RECORDING REQUESTED BY: Fees. . . . * No Fees Taxes. . . City of Cupertino Cop AMT I PA 1 D WHEN RECORDED,MAIL TO: - REGINA ALCOMENDRAS RDE # 024 SANTA CLARA COUNTY RECORDER 3/25/2015 City Clerks Office Recorded at the request of 9: 1 1 AM City of Cupertino city 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 MAINTENANCE AGREEMENT 20080 Stevens Creek Boulevard APN 369-03-009 Original 0 For Fast Endorsement RECORDED AT THE REQUEST OF ) And ) WHEN RECORDED RETURN TO: ) SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT 20080 Stevens Creek Boulevard APN 369-03-009 THIS-MAINTENANCE AGREEMENT("Agreement")is made and entered into this 11th day of December20 14 , by Preg Biltmore, a California limited partnership, ("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 Biltmore Adjacency Project is located at 20080 Stevens Creek Boulevard 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 improvements, including landscaping, that is situated on real property owned by City along 20080 Stevens Creek Boulevard 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. . � 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 all improvements, enhanced sidewalk paving with silica carbide added , 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 20080 Stevens Creek Boulevard 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 Steven 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 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 2 and delineated on Exhibit `B". 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. 2 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. 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: PREG BILTMORE, a California limited partnership By: Sunset Ridge Development Corporation, a California corporation Its: General Partn By: (notary acknowledgement attached) Print Name, Jo Moss Title: Vice Pre ident Address: 190 . Norfolk St., Suite 150 San Mateo, CA 94403 3 CITY OF CUPERTINO By: a Name: Title: AppTqve,d.as to Form Ci Attorney 4 a . July 11,2011.4 ■ �■. BKF No.2011-7101'. EmuuERsr5URVEYORS:hANNERS Page 1 Of 1 .EXHIBIT"A" `Legal Description' PREG.PR�OPERTY , Real:property in the Cityof Cupertino,County of Santa Clara,Staie of California,:described as follows: Being the:land,as described in that certain:Grant Deed; conveyed-to PREG Biltmore;a California limited partnership,recorded June 26;2013 as.Document No. 22278606,'Offcial Records of Santa Clara.County, California: For:BKF Engineers LANb SSR By John Koroyan. : . . 1bHN.._. P.L.S.No. 8883 .. . K 0 Dated:. : L���� ..��1� 1nj �Q 9 No.8883 ----' T�OF.CAl1E�4� is , G \� . . i9 Iv c ".". ... j\\\\�\� K ` fie"='y': 'YTt \" � r�1 \��-� t'MY1 FT ---------_41, ..�7, �`•:V EXHIBIT B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of �AX3 On-Ftu , 7,,o Qyt—before me, Le xx--,, Date Here Insert Name and Title of the fficer personally appeared W'NoSS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be t persoWwhose namip( e- subscribed to the within instrument and acknpwliedged to me tha executed the same in r h*"Mreir authorized capacity and that b ignatureon the instrument the person(,s'(, or the entity upon behalf of which the personacted, executed the i strument. �� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LEANN L.sLATEH WITNESS myhand a off', i Commission# 1991577 z Notary Public-California z San Mateo County D Signature My Comm.Expires Oct 15,2016 ' na ure of Notary Public Place Notary Seal Above 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 yu Title or Type of Document: ument Date: c Number of Pages: D 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: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of SAh 4-p% C/gV-q ) / On 20 (S before me, X"e-e S, 11ae'c o i L(A Date �- Here Insert Name and Title of t e Officer personally appeared / `'1'►r"'� /3�r'��i Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to beth ersonj whose name�re IRbscribed to the within instrument and ackno dged to me ft he he/they executed the same in hi her/their authorized capacity' s,and that b hi her/their signatu on the instrument the person( l r the entity upon behalf of which the personXacted, 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. _ KIRSTEN RENEE SQUARCIA Commission#2080884 Signature /e_(_�z Nagy Public-California z Signature of Notary blit z Santa Clara County Mg Comm. Ex ares Oct 4,2018 Place Notary Seal Above 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 Docu ent L Title or Type of Document: 9 rC LH2e_ftT Document Date: b,—,C • l Z"f Y Number of Pages: �o_ Signer(s) Other Than Named Above: �y` /-o 5U 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 El 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: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 r "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. 20080 Stevens Creek Boulevard APN 369-03-009 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 13, 2015 By: Andrea Sanr Senior Office Assistant