16-078 Maintenance Agreement, SI 30, LLC, 20700 Valley Green Drive, APN 326-010-047RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
DOCUMENT: 23349501
ll llll ll I Ill Ill llll II II/ 11111111
RE GINA ALCOMENDRAS
SAN TA CLARA COUNTY RECORDER
Re co rded at the re quest of
city
Pages :
Fees • No Fees
Taxes.
Cop ies .
AMT PAID
RDE ** 025
6/28 /20 16
12:58 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MAINTENANCE AGREEMENT
20700 Valley Green Drive, Cupertino CA
APN 326-10-047
~Original
D For Fast Endorsement
8
"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 January 28 1h, 2014, from
20700 Valley Green Drive, 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: June 20, 2016
By: ~w.£~ y
Lauren Sapudar
Senior Office Assistant
RE CORDED A T TH E RE QU EST OF
A nd
WHE N REC ORDED RET U RN TO :
SP ACE A BOVE FOR R EC ORD ER 'S U SE ON L Y
MAINTENANCE AGREEMENT
20700 Valley Green Drive
APN 326-10-047
THJS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this ~5+~
day of ::J'tv1 vcu'J20~ SI 30 , LLC, a California limited liability Company , ("Declarant"), and
the City of Cupe tino ("City ").
RECITALS:
The following recitals are a substantive portion of this Agreement:
A. The real property and improvements that comprise Apple Valley Green 02 are located at
20700 Valley Green Drive within the City of Cupertino ("City "), County of Santa Clara, State of
California, and are specifically described in Exhibit "A ".
B. As set fo1ih , 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 prope1iy owned by City along 20700 Valley Green Drive in front of the Project,
and to establish certain criteria and procedures for the accomplishment of maintenance , repair and
replacement of such improvements .
NOW , THEREFORE the parties hereto agree as follows:
1. Covenants Running with the Land; Property Subject to Agreement: All of the real
prope1iy 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 an y po1iion
and shall be for the benefit of each owner of any of the parcels or an y portion of the prope1iy and
shall inure to the benefit of and be binding upon each successor in interest of the own ers . 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 an y 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 thereof. For purposes of this Agreement, "Declarant"
shall be interpreted to include Declarant and /or its successors in interest.
2. Responsibility for Cost of Repair, Replacement and Maintenance: De clarant shall , at its
sole cost and expense, maintain , repair, replace , remove and ke e p in e xcellent, like ne w condition
1
all improvements , walls , 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 20700 Valley Green
Drive to back of curb line. 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 number two and
delineated on Exhibit "B " in excellent, 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 . 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 an y other items necessary to compl y 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 th e full est extent allowed by law , defend , indemnify , and
hold harmless the City and its officers , officials , agents , employees and volunteers from and
against an y liability , claims, actions, causes of action or demands whatsoever against an y of them ,
including any inju ry to or death of any person or damage to property or other liability of an y
nature, whether physical , emotional , consequential or otherwise, arising out, pe11aining 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 number 2 and delineated on Exhibit "B '', save and except damages arising out of the
City 's sole negligence or willful misconduct. 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.
6. Insurance Requirements : Declarant shall maintain in full force and effect at all times
during the term of this Agreement, a policy of insurance naming the City and members of the
City Council of the City of Cuper1ino individually and collectively, and the officers, agents and
employees of the City individually and collectively , as additional insured. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing named City and
individuals covering all the work performed by , for , or on behalf of said Declarant. Both bodily
injury and property damage insurance must be on an occurrence basis ; and said policy or policies
shall provide that the coverage afforded thereby shall be primary coverage to the full limit of
liability stated in the declarations , and if the City , its members of the City Council individually
and collectively, and the officers , agents and employees of the City , individually and collectively ,
have other insurance against the loss covered by said policy or policies , that other insurance shall
not be called upon to cover a loss under said additional policy.
The insurance carrier shall be licensed to do business in the state of California and provide proof
of their ratings. All ratings should be Best's Guide Ratin g of A , Class VII or better or that is
acceptable to the City . Each of said policies of insurance shall provide coverage in the following
minimum amounts: for general liability for bodily injury , personal injury and property damage
$1 ,000 ,000 each occurrence, with an aggregate limit of not less than $2 ,000 ,000.
2
7. 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.
8. Entire Agreement: This Agreement constitutes the entire agreement of the parti e s 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.
9 . 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.
10. 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.
11. Recordation: It is anticipated that this Agreement shall be recorded and shall be executed
and acknowledged in proper recordable form.
12 . Amendment: This Agreement may be amended in whole or in pa1i 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:
nia limited liability Company
CITY OF CUPERTINO
Name: I 1 Y\All\ \$"f'.-b ~ a-J
Title:1),~-of B _,bkG ~~
D~tv'1 Carol Korade, City Attorney
3
(notary acknowledgement attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
} SS.
County of Santa Clara }
On -::7-tWll.4-~r/ I b , 20 ;4-, before me, B.
MAZZONE, a Notary Public in and for said County and State, personally
appeared JOHN MICHAEL SOBRATO
who proved to me on the basis of satisfactory evidence to be the person(a)
whose name(a) isfai:e subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized
capacity(ie&), and that by his/her/their signature(&) on the instrument the
person( a), or the entity upon behalf of which the person(B) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing is true and correct.
WITNESS my hand and official seal
NOJ'ARY PUBLIC, STATE OF CALIFORNIA
My Commission #1991894
Expires: October 19, 2016
VALLEY GREEN DRIVE
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ENCROACHMENT AREA L7 120± SQ.FT.
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PARCEL A
(357 M 16)
APN: 326-10-047
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ENCROACHMENT AREA
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LINE TABLE
LINE BEARING
L 1 N 00°20'1 7" W
L2 N 89°39'43" E
L3 S 00°20'1 7" E
L4 S 89°39'43" W
LS N 00°20'1 7" W
L6 N 00°20'17" W
L7 N 89°39'43" E
L8 S 00°20'1 7" E
L9 S 89°39'43" W
:::: ..... :::.: :"" .. : : : . : ;::~
: :···.: · .. · ... · : ... :... . ...
DISTANCE
61.00'
5.00'
61.00'
5.00'
22.00'
24.00'
5.00'
24.00'
5.00'
DATE
PLAT TO ACCOMPANY AGREEMENT DEC., 2013
SCALE FOR: ENCROACHMENT AREA EXHIBIT 1" = 50'
CUPERTINO CALIFORNIA DR. BY DAJ
~ KIER & WRIGHT JOB Al 2000-01 FC EXHIBIT II B II
CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard, Building 22 (408) 727 6665 1 1 UIEl:djurado l:\PROJ EC1l\,\12000 \CUPERTINO\Al2000-0 ll'G2 \D\\t \SllMY\PlAT\WAU EXHlllT\(-PlAT.dwg DECmER 20, 2013 1:31 PM Santa Clara , California 95054 fa x (408) 727 5641 OF
Sedona Stone -
Cindy,
This is a sample of
the keystone
retaining wall