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15-172 Maintenance Agreement, 10121 N Foothill Boulevard, APN 342-32-070, Johnathan 786, LLC; Notice of Completion Document No. 23127827RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 DOCUMENT: 23127827 U~l~llll~lllU REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages: 9 Fees.... * No Fees Taxes ... Copies .. AMT PAID ---- ROE # 008 10/28/2015 11: 19 AM (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 MAINTENANCE AGREEMENT 10121 N Foothill Boulevard, Cupertino CA APN 342-32-070 D Original D For Fast Endorsement RECORDED AT THE REQUEST OF ) And ) WHEN RECORDED RETURN TO: ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT 10121 N Foothill Boulevard, Cupertino CA APN 342-32-070 THIS MAINTENA CE AGREEMENT ("Agreement") is made and entered into this 14"°1'1... day of f>wc.us -2015, by Johnathan 786, 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 Cupertino Live+ Work is located at 10121 N Foothill 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 and pedestrian lights, that is situated on real property owned by City along N Foothill Boulevard and Silver Oak 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. 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, pedestrian lighting and related equipment, landscaping and related irrigation system located on the portion of the City's property that abuts and fronts the Project at 10121 N Foothill Boulevard ("the Frontage Area of the Project") along N Foothill Boulevard and Silver Oak Way to back of curb line, excepting therefrom the standard public sidewalk and a public street light 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 N Foothill Boulevard and Silver Oak Way. 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: Johnathan 786, LLC, a California limited liability company By: Tate Diversified Development, Inc., a California corporation, its Manager By:~ Ronald M. Tate, President CITY OF CUPERTINO B~ Nam~~ J.o-..-, Title:1>~~<.C. tJorlv::> Ap~ ~Attorney (notary acknowledgement attached) 3 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 l/A {' 1 () /)() )) County of =sa~~D~TILJ~~~V_...,.l!.Ll~K~k:'.1~--- 0n fw&u~t-l'i. lor5 before me,, )ean·1 ftite O~ysaOJ )~ V1Dtaffj p!).hl i L ' Date 'i7r"\f\/l 1 d W\ .CA~ L::> Here Insert Name and Title of the Officer personally appeared _ _,_1'!----"-v~' IV~'l~ _ _,____,W~~-,..._JLJ"'-"-'-'LJ~-----------------­ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person.($) whose name~ is.lat:@.. subscribed to the within instrument and acknowledged to me that he.tsl=te.Ltf:ley:. executed the same in hisfl:ierftheif-authorized capacity(ies), and that bl' hisA=ler.ft:heir signature(,i) on the instrument the person(g}, or the entity upon behalf of which the person(1J acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY 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 ~~ v~~PUbik ~~~~~~~~~~~~~~~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 Do~W!:!..ent Title or Type of Document: UlfAWJ ferla/lct Mblhntftiacument Date: _______ _ Number of Pages: Signer(s) Other Than7amed Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D 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 Calif1r:Aia ,~ 1, () County of ~~ LXQ.J/cc On Oc:b 9._, .2tJ J S-before me, --=-"=~~~"-"'.....l..,f-,Jl,..4..__,1-.:---"'-"'----'-""-'-'~,r;:.._.!'...l,.<:L--J~ oat6 ' personally appeared \r /\,u>VL. ~~rt Name and Title of the p i er Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($( whose name,sf is~re subscribe,d to the within instrument and acknowledged to me that he/sE61tpey executed the same in his/~r/tJ{eir authorized capacity(i~, and that,by his/l;J.efr/~tfuir signature'3) on tile instrument the person~). or the entity upon behalf of which the personj.SJ acted, executed the irlstrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~..24l'J_j- Signature of Notary Public -------------------------------oPTJONAL----------------------------~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document , Title or Type of Document: ''· · /Document Date: ~ . / 'i /lr_D IS Number of Pages: Signer(s) Other Than t4 med Above: ~ QJfM\ _ j?f f ii Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:---------------D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~~~~~'@J§i($§i?s@~iW!?il¢~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 --------~~-----------------------------·---------· ... •------ EXHIBIT A The land referred to is situated in the County of Santa Clara, City of Cupertino, State of California, and is descrih>ed as follows: All of Lot 68, as shown on that certain Map entitled "Tract No. 4823 Westridge Village", which Map was filed for record in the Office of the County Recorder, Santa Clara County, California on April 23, 1970, in Book 267 of Maps, at Pages 22 and 23. EXCEPTING THEREFROM the underground water, rights with no right of surface entry, dated April 23, 1970, recorded May 11, 1970, in Book 8916, Page 123, Santa Clara County, California Official Records; and rerecorded June 3, 1970, in Book 8975, at Page 502, Santa Clara County, California Official Records. APN: 342-32-070 ARB: 342-32-070 and 144 I I I I I ;.,' ·I I I ; Ii l!i " li ,: r I! '· !: I: ;: J. 1: .!: r 1: L ' ' ;\ ci' 0 FACE OF CURB I' ,--\ I I I l I I ~ I I I ~ I I I I I \----.--!, I I I LOT 6 I I I I I L----_1 SILVER OAK WAY 1----1---------~ I I LOT 1 ,J I I I 1---, I I I I L ____ L __ r_--i_ ___ _J I PROPOSED PRPPERTY LINE I I I 1-- --1-- - - - - - - - I I ,J I I LOT 2 I I I I L ____ L __ r---i_ ___ _J 1----1--------- 1 I ,J I I LOT 3 I ~· 1-------i I I I L ____ L __ r_--i_ ___ _J N °'-' ' i----i--------- 1 I ,J I I LOT 4 I i----i--------- 1 I ,J \ I I I L ____ L __ r_ 1_ ___ _j I LOT A I I LOT 5 I 1 COMMON AREA I I I L L ____ L __ r_--i_ ___ _J ---------------N 89'40'00" W 172.52-- LEGEND LINE AND CURVE TABLE PROPOSED LOT LINES S04'53'00"E 140.00' "T\ 0 s ::r: r r co ~ 0 Line#/Curve# Length Bearing/Delta Radius PROPERTY LINE EASEMENT LINE -------- L1 10.00 L2 6.47 L3 11.00 C1 3.91 C2 2.45 C3 29.85 C4 16.28 C5 29.59 DRAWN BY: AA/SP DATE: 7-29-2015 FILENAME: Foothill AGMTS NO' 20' oo"E N34' 22' 58"E 585' o7' oo"w 55' 57' 02'' 4.00 56' 13' 45" 2.50 69' 10' 43" 24.72 15' 19' 30" 60.86 84' 47' oo" 20.00 EXHIBIT "B" AREA FOR MAINTENANCE OF THE PROJECT FRONTAGE 10121 N. FOOTHILL BLVD., CUPERTINO, CA 95104 APN: 342-32-070 POINT OF BEGINNING P.0.8. f?WI PARCEL 1 = 3, 702 SQ.FT. 0 15 SCALE 30 45 1"=30 Feet 60 "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. This is to certify that the interest in real property conveyed by the deed or grant dated August 14, 2015, from 10121 N Foothill Boulevard, Cupertino CA 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: October 15, 2015 By:~~ Kirsten Squarcia Deputy City Clerk