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15-029 Maintenance agreement for 10290 Scenic Blvd. APN 357-08-011 RECORDING REQUESTED BY: DOCUMENT: 22910256 Pages 8 Fees. . . . * No Fees City of Cupertino Taxes. . . Copies. . WHEN RECORDED,MAIL TO: AMT PA I D City Clerk's Office REGINA ALCOMENDRAS RDE # 005 Ci f Cupertino SANTA CLARA COUNTY RECORDER 4/08/2015 City oP Recorded at the request of 10:36 AM 10300 Torre Avenue City Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 MAINTENANCE AGREEMENT 10290 Scenic Blvd, Cupertino, CA 95014 APN 357-08-011 *original 173 For Fast Endorsement RECORDED AT THE REQUEST OF ) And ) WHEN RECORDED RETURN TO: ) SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT 1.0290 Scenic Blvd, Cupertino, CA 95014 APN 357-08-011 THIS MAINTENANCE AGREEMENT("Agreement")is made and entered into this 3 01�day of 20 Lk 2 by Vikas Desai and Rupal Desai, husband and wife as community prope4 with right of Survivorship, ("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 New Desai Residence is located at 10290 Scenic 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 Scenic 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, curb drain pipes, 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 Scenic 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 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. 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: Owners: By: (notary acknowledgement attached) Vikas Desai SEE ATTACHED CALIFORNIA Rupal Desai NOTARIZATION CITY OF CUPERTINO By� � l Name:. i ( ►Mum Title:b�,�."' ,,r �� P(Ao�Ll")u'-r� Approved as to Form r.� City'Attorney 3 EXHX,BXT "All THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO,COUNTY OF SANTA CLARA,STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Portion of Sections 16, 17 and 18, Map of Monte Vista Park, filed April 1.1, 1917, Book "P" of Maps, page 19, Santa.Clara County Records, described as follows: Beginning in the Easterly line of Scenic Boulevard at-the intersection thereof with the line dividing Section'16"and 21,as said Boulevard and Sections are shown upon the Map herein referred to; thence from said point of'beginning Northerly along said line of Scenic Boulevard on a curve to the right with a radius of.480 feet, through an,angle of 20 04' 10"for an arc distance of 17:34 feet to the point of intersection thereof with a line drawn parallel with and 17 feet Northerly, measured at right angles from the.said line dividing Sections.16 and 21;thence South 890 53' East along said parallel line and the Easterly prolongation thereof, 141.88 feet; thence at'right angles North 00 07' East 19.01 feet to the intersection with a line drawn parallel with.and 83.46 feet Northerly measured at right;angles, from the line dividing Sections 17 and 20; thence South 89° 53' East along said parallel line and along a line parallel with the line dividing Sections 18 and 19, as shown on said Map;:,267 feet, more.or less to the intersection of said parallel line with the Easterly line of said Section l 18; thence Southerly along the Easterly line,of said Section 18 to the intersection thereof with the line dividing said Sections 18 and 19;:thence North 891 53'West along the line dividing said Sections,18 and.19, and,along the line dividing Sections 17 and 20,.341 feet,more or less to the intersection thereof with the Easterly line of said Section 21, hereinabove referred to; thence North .18° 30' East.along the Easterly line of said Section 21, 50 feet to the Northeast corner thereof; thence North 890 53' West along the line dividing said Sections 21 and 16, 108.07 feet to the point of beginning. APN: 357-08-011 i I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S C,, -ck On ©2 3a -)-0 )4-_ before me, T-) i r\OTC-t9 P c ate p Here Insert NarFW and Ti le of the Officer - personally appeared i KSS 1 UPA-t– Es PO Name(s)o1 Signer(s) who .roved to me on the b asis of satisfactory evidence to M the persopfs) whose narrieC� )stare subscnbed'to the within instrument and acknowledged; to me that he/ 13/they eiecuted the same m Farmer/their authorized capacity); and That by his/.herthefr s(gnatureisy on the instrumns ent the perso , or the enfity ;upon behalf of which the person s( actedt executed the instrun)ent. D.PATELIC-C I cerfify under PENALTY OF PERJURY Under the faws •�" NOTARY PUBLIC-CALIFORNIA-. A COMMISSION#2024440 �' -' SANTACLARACOUNTv of the State of California that the fotegomg paragraph is My Comm.Exp.May 17,20 7 true and cD rrGc., Vt(tTft(ESS my hand and official seal;: Signature. _ �: Place Notary Seal Abo ® - Signature•of Notary Pubit6. - PTIGNA Though the rnforrration below�s not eufred 1Zy law if;may prove ualuatle to persons relying on the document anti po_uld preven-'t fraudulent remoua!ano reattachment of;his fotm to another"documerity Deedreptt®n ®f Attached®®carseat Title.or Type of Document, I�C�-i✓��"PJ' �� 1�Q�V�n�� Document Date: Number of Pages: _3 Slgner(s)Other Than Named Above; Capacsty(ies) Claotesed by Sigher(61 Signers Name: __ Signer's Name: LI Individual q Individual ❑ Corporate,Officer Title(s): ❑Corporate Officer—Title(s): ❑ Partner ❑ Limited, . General _ O Partner-0 Limited O General ED Attorney in Factin Attorney in Fact Top of thumb here Top of tf um6 here U Trustee ❑Trustee El Gua"rdan or Conservator O Guardian or Conservator ❑ Other:_ O Other: Signer Is Representing- Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P-O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryarg Item H5907 Reorder:Call Toll-Free 1.800-876-6827 R I a , CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 ofC.roL- On before me, nArepp _ —_, fl o-� ,Notary Public, (Here insert name and title of the officer) personally appeared I i m yy) (� who proved tome on the basis of satisfactory eviden e to be the persono) whose name �?iVesubscribed to the within instrument and acknowledged to me that hS/se/tXy executed the same i hi r/tl,efr authorized capacity, and that b hi /fir signatureX on the instrument the persoro), 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 paragraph is true and correct. ANDREA SANDER$ Commission #2078230 Z .m Notary Public-California D WITNESS my hand and official seal. Z Santa Clara county My Comm.Expires Au 17,2018 (Notary Seal) Signature of Notary P li ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a ftu'04. document is to be recorded outside of California.In such instances, any alternative (Title or description of attaelpd document) acknowledgment verbiage as may be printed on such a document so long as the \ verbiage does not require the notary to do something that is illegal for a notary in `� California (i.e. certifying the authorized capacity of the signer). Please check the 1 ` (Title or description of avttacchhed�' 01'document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date% State and County information must be the State and County where the document g �q signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/gwy,-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc.—All Rights Reserved www.TheProLink.com—Nationwide Notary Service "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. 10290 Scenic Blvd, Cupertino, CA 95014 APN 357-08-011 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:April 2, 2015 BY: L/� C Andrea SaiWrs Senior Office Assistant