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16-114 Stormwater Management Facilities Operation, Maintenance, and Easement Agreement, 10159 S. Blaney Avenue, APN 369-03-008, Lake Biltmore ApartmentsRECORDING 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: 23439655 II II ll llll llll II I I I I I I l II RE GI NA AL COMENDRAS SANTA CLARA CO UNT Y RE CO RDER Re cor ded at the request of Ci t y Pages : 22 Fees • No Fees Ta xes . Copies . AMT PAID RDE 1:1 025 9/22 /2016 10 : 34 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE, AND EASEMENT AGREEMENT Lake Biltmore Apartments, a California Limited Partnership APN: 369-03-008 ~ Original D For Fast Endorsement "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 15, 2016, from Lake Biltmore Apartments, a California Limited Partnership 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: September 1, 2016 By: Senior Office Assistant RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Cit y of Cupertino City Clerk 's Office 10300 Torre A venue Cupertino, CA 95014-3202 EXEMPT FRO M RECORD rN G FEES PER GOVERNMENT CODE §610 3 Space abo ve this line for Recorder 's use. STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 10159 S . Blaney Avenue , Cupertino , CA 95014 APN 369-03-008 This STORMW ATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT ("Agreement") is made and entered into this l...5 day of ~l{J+, 20_l_b., by Lake Biltmore Apm1ments, a California limited pm1nership ("Coenantor") and the City of Cupe11ino , a municipal corporation ("City"). Covenantor and City are referred to collectively herein as the "Parties" and each individually as a "Party." RECITALS: This Agreement is made and entered into with reference to the following facts: A. The City is authorized and required to regulate and control the disposition of storm and surface waters as set fo11h in the City 's Stormwater Pollution Prevention and Watershed Protection Ordinance, Ordinance No. 1571 , effective October 15 , 2003 (as cmTently in effect and as it may hereafter be amended, the "Ordinance"). B . The Covenantor is the owner of a ce11ain tract or parcel of land designated as APN 369- 03-008 and more particularly described in Exhibit A attached hereto ("Property"). C. The Covenantor desires to constrnct ce11ain improvements on the Property that may alter existing stOnnwater conditions on both the Prope11y and adjacent lands . D . To minimize adverse impacts due to these anticipated changes in existing storm and surface water flow conditions, the Covenantor is required by the City to build and maintain, at Covenantor 's expense, sto1mwater management and trash capture facilities ("Facilities") as more pm1icularly described and shown in the Stormwater Management Plan prepared by BKF Engineers and dated ~U.Ji . 2.o lh , which plan, together with any and all amendments, including future amendmens, thereto ( collectively, the "SWMP"), are on file with the Public -1- Works Departm e nt of the City of Cupertino , California, and are hereby incorporated by reference. E. The City has reviewed the SWMP, and subject to execution of this Agreement, has approved the SWMP. AGREEMENT: NOW , THEREFORE, in consideration of the benefits received and to be received by the Covenantor, its successors and assigns , as a result of the City 's approval of the SWMP , the Parties hereby agree as follows: 1. Covenants Running With the Land; Property Subject to Agreement. All of the Property shall be subject to this Agreement. The Parties intend that this Agreement shall run with the land , shall be binding on Covenantor, its successors and assigns , and all parties having or acquiring any right, title or interest in the Property or any portion thereof, and their respective successors and assigns , and shall inure to the benefit of the City and its successors and assigns regardless of whether City has any ownership interest in the Property or any portion thereof or any property adjacent thereto. Every limitation , easement, obligation , covenant, condition , and restriction contained herein shall be deemed to be , and shall be construed as a covenant running with the land , and in addition , shall be con strued as an equitable servitude, enforceable by any owner of any portion of the Property against any other owner, tenant or occupant of the Property or any portion thereof. Subject to the provisions of Section 9 below, each reference in this Agreement to Covenantor shall mean Covenantor and its successors in interest to the Property or any portion thereof. 2. Responsibility for Installation, Operation and Maintenance. At its sole expense, the Covenantor shall construct, operate and perpetually maintain the Facilities in strict accordance with: (a) the Ordinance, (b) manufacturer's recommendations where applicable, (c) the SWMP and any amendments thereto that have been approved by the City, and (d) all other applicable federal, state and local laws , ordinances and regulations. Covenantor, on an annual basis , shall prepare and deliver to the City Public Works Director, a Maintenance Inspection Report in the form attached hereto as Exhibit C or such other form as may be required by City from time to time . The annual Maintenance Inspection Report shall identify all completed inspection and maintenance tasks for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the Facilities have been conducted as required by this Agreement. The annual report shall be submitted no later than October 15 of each year, under penalty of perjury, to the City Public Works Director or such other member of the City staff as directed by the Public Works Director. Covenantor shall provide in the annua l report a record of the volume of all accumulated sediment removed as a result of the treatment measure(s). Covenantor shall conduct a minimum of one annual inspection of the Facilities before the rainy season; this inspection shall occur between August 1st and September 30 each year. More frequent inspections may be required to comply with the maintenance standards. The results of inspections shall be recorded on the Maintenance Inspection Report. -2- 3. Facility Modifications. At its sole expense, the Covenantor shall make such changes or modifications to the Facilities as the City Engineer may reasonably determine to be necessary or desirable to ensure that the Facilities continue to operate as originally designed and approved. Any changes or modifications to the Facilities may be made only with prior written authorization by the City Engineer or his or her designee . 4. Grant of Easement. Covenantor hereby grants to City a nonexclusive, perpetual ingress, egress, access and maintenance easement ("Easement") over the easement area as depicted and described in Exhibit B attached hereto and incorporated herein ("Easement Area") for the purpose of permitting the City, and its employees, agents, contractors, consultants, to inspect, monitor, maintain, repair and replace the Facilities. 5. Facility Inspections by the City. At reasonable times, after not less than forty-eight ( 48) hours ' prior written notice, except in the event of an immediate threat to public health and safety in which case no prior notice shall be required, and in a reasonable manner as provided in the Ordinance, the City, its agents, employees, contractors, and consultants shall have the right of ingress and egress to the Easement Area for the purpose of inspecting the Facilities to ensure that the Facilities are being properly maintained, are continuing to perform in an adequate manner (as reasonably determined by the City Engineer or his or her designee), and are in compliance with the Ordinance, the SWMP and any amendments thereto approved by the City and all other applicable laws . 6. No Barriers. While this Agreement is in effect, Covenantor shall not erect, nor permit to be erected, any building or structure of any kind within the Easement Area, nor shall Covenantor fill or excavate within the Easement Area without City's prior written consent which shall not be unreasonably withheld, but may be conditioned upon such requirements as City Engineer determines are reasonably necessary or desirable to ensure proper functioning of the Facilities. 7. Default and Remedies. If following delivery of written notice from City and the expiration of a thirty (30) day cure period (except in the event of an immediate threat to public health and safety in which case Covenantor shall commence and complete corrective action as soon as possible following receipt of notice from the City), Covenantor fails to correct any defect in the Facilities in accordance with the approved design standards, the SWMP, the Ordinance, and all other applicable state, federal, and local laws, rules, and regulations, or Covenantor otherwise fails to comply with the maintenance and repair obligations set forth in the SWMP and this Agreement, the City shall have the right upon delivery of forty-eight (48) hours ' prior written notice (except in the event of an immediate threat to public health and safety in which case no notice shall be required) to enter the Easement Area for the purposes of maintaining and repairing the Facilities at Covenantor's expense, and Covenantor shall be obligated to reimburse City for the cost of all such work, including, without limitation , the cost of City staff time, within thirty (30) days following City's delivery of an invoice therefor, together with documentation of City's costs and expenses incurred in connection with the performance of such work. If such costs are not paid within the prescribed time period, the City may assess Covenantor the cost of -3- the work , and said assessment shall be a lien against the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. In addition to the foregoing , the City may pursue any other remedies provided under law or in equity, including without limitation, ex parte applications for temporary restraining orders , preliminary injunctions and permanent injunctions enjoining any such violation or attempted violation or default, an order for specific performance, civil and criminal penalties, and the remedies set forth in Sections 9.18 .190 , 9.18.230 and 9.18.250 of the Ordinance. All such remedies shall be cumulative and not alternative . 8. Indemnity. The Covenantor shall defend, indemnify, and hold the City and its elected and appointed officers, officials, employees, agents, representatives, contractors, vendors and consultants (all of the foregoing, the "Indemnitees") harmless from and against any and all claims , demands, liabilities, losses, actions, causes of action, suits, judicial or administrative proceedings , damages for personal injury , bodily injury , death and property damage, costs and expenses, including without limitation reasonable attorneys ' fees , arbitration fees or costs, and court costs, penalties, deficiencies , fines , orders, and damages (all of the foregoing, "Claims"), arising out of or related to, or alleged to arise out of or be related to, the ownership, operation , use of the Property or the construction , operation , maintenance, or failure to maintain , the Facilities, except to the extent that any such Claim arises from the gross negligence or willful misconduct of the City or any Indemnitee. Notwithstanding the foregoing sentence, Covenantor shall be required to defend City and the Indemnitees against any and all Claims, regardless of the extent to which ( or if at all) City or any lndemnitee has contributed or is alleged or found to have caused or contributed to such Claims. Covenantor's indemnity obligations shall apply regardless of whether any City insurance policies , self-insurance or joint self-insurance has been determined to be applicable to such Claims and regardless of whether or not City has prepared , supplied or approved of plans and specifications for the construction, installation, maintenance, repair or replacement of the Facilities. 9. Obligations and Responsibilities of Covenantor. Initially, the Covenantor named above shall be solely responsible for the performance of the obligations required under this Agreement and for the payment of any and all fees , fines, and penalties associated with such performance or failure to perform under this Agreement. Notwithstanding any provisions of this Agreement to the contrary, upon the recordation of a deed or other instrument of sale, transfer or other conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third party, the Covenantor shall be released of its obligations and responsibilities under this Agreement accruing after the date of such Transfer to the extent such obligations and responsibilities are applicable to that portion of the Property included in such Transfer. I 0. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the Property or any part thereof by the Covenantor to subsequent owners and assigns. 11. Termination and Release of Agreement. In the event that the City determines , in the exercise of its sole discretion , at any future time that the Facilities are no longer required , then it promptly shall so notify the Covenantor or its successors and/or assigns in writing, and at the -4- written request of the Covenantor, the City shall execute a termination and release of this Agreement which the Covenantor shall cause to be recorded in the Official Records at Covenantor's sole expense. 12. Miscellaneous. 12.1 Notices. Except as otherwise specified herein , all notices, demands, requests or approvals to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (a) personal delivery, in which case notice is effective upon delivery; (b) certified or registered mail , return receipt requested , in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; (c) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (d) postage prepaid registered or certified mail , in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. City: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: Public Works Director With copy to: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: City Attorney Covenantor: Lake Biltmore Apartments, a California limited partnership 1900 S. Norfolk St., Suite 150 San Mateo, CA 94403 Attention: Jon Moss, Vice President 12.2 Attorneys' Fees. In the event that either Party institutes legal action or arbitration against the other to interpret or enforce this Agreement, or to obtain damages for any alleged breach hereof, the prevailing Party in such action or arbitration shall be entitled to reasonable attorneys' or arbitrators ' fees in addition to all other recoverable costs, expenses and damages. -5- 12.3 Governing Law; Venue. This Agreement shall, in all respects, be governed, construed, applied, and enforced in accordance with the laws of the State of California without reference to its choice of laws provisions. Any dispute related to the interpretation or enforcement of this Agreement shall be heard in courts having jurisdiction in Santa Clara County, California. 12.4 Further Assurances. City and Covenantor shall each execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to fully effectuate the terms and provisions of this Agreement. 12.5 Entire Agreement. This Agreement, together with the SWMP, constitutes the entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior written or oral agreements with respect thereto. 12.6 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 that can be separated from the invalid or, unenforceable provisions shall, nevertheless, continue in full force and effect. 12.7 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law . No failure or delay by City at any time to require strict performance by Covenantor of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 12.8 Recordation; Amendments. City, at Covenantor's expense, shall cause this Agreement to be recorded in the Official Records of Santa Clara County, California ("Official Records") promptly following execution hereof. This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in the Official Records. 12.9 Relationship of Parties. Neither Covenantor nor any of its contractors, employees or agents shall be deemed to be agents of City in connection with the performance of Covenantor's obligations under this Agreement. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. City neither undertakes nor assumes any responsibility or duty to Covenantor (except as expressly provided in this Agreement) or to any third party with respect to the Facilities. 12.10 Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this -6- Agreement. This Agreement is the product of negotiation between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. All references in this Agreement to particular statutes , regulations , ordinances or resolutions of the United States, the State of California, or the City of Cupertino shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed , to such other provisions as may thereafter govern the same subject. The recitals above and exhibits attached hereto are a substantive part of this Agreement and are hereby incorporated herein. 12 .11 Permits and Licenses; Compliance with Law. Covenantor, at its expense , shall comply with all applicable legal requirements , including all federal , state, and local laws and regulations (including City ordinances, regulations and resolutions, and requirements of other agencies with jurisdiction), whether or not said laws or regulations are expressly stated in this Agreement, and obtain and maintain all necessary permits and licenses required in order to own , operate and maintain the Facilities. 12.12 Liens . Covenantor shall pay, when due , all persons furnishing labor or materials in connection with any work to be performed by or on behalf of Covenantor related to the Facilities, and shall keep City's interests in the Easement Area free and clear of an y related m echanics' lien s . 12.13 Joint and Several Liability . If Covenantor consists of more than one person or entity, the obligations of such persons and entities shall be joint and several. 12 . I 4 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original , and all of which taken together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGE(S) -7- IN WITNESS WHEREOF , the Parti es have exe cuted this Agreement as of the date first above written. ATTEST: APPROVED AS TO FORM: Randolph Stevenson Hom, City Attorney COVENANTOR: LAKE BILTMORE APARTMENTS , a California corporation By: Sunset Ridge Development Corporation , a Californ ·a corporation Its: Gener By: Name: Jona ----"------"-'----'-"'r---+'----'---~-------- Title : -------++---,-'----------- ment to be attached) CITY: CITY OF CUPERTINO , a municipal corporation B y~ .. Name ~~~r i~v~ Title: l'rLv f(i\~c lJ~ (Notary acknowledgment to be attached) -8- 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 of S~ ~ea.-} On ~ I 1 ).-otk, personally appeared ~ ~ who proved to me on the basis of satisfactory evidence to be the person ~) whose name(;,? is/are subscribed to the within instrument and acknowledged to me that he/s ~/t ~y executed the same in hi ~/h ¢r/tKeir authorized capacity(i f s), and that by his/¥r/th f ir signature(~ on the instrument the personJ s), or the entity upon behalf of which the person {A ) acted , executed the instrument. 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. Notary bli (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form co mplies with current Califomia statutes regarding notmy wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to th e document. Acknowledgments .c.J.-_ .• .J...... • . lu. 11 __ • _ -.IL •• •. ,.___J., J,-om other states may be completed for doc um ents being se nt to that state so long """"V"W'I\.~~ ·~-as the wording does not require th e Califomia nolm J' to violate California notw y ~~ ... ~ ~~'.'.'.t!~.Y.M~~-~L_Qj~~~~M.+~~~~..,v,.~--.,,aw . (Title or description of attach~~ent) 1 • State and Co unty infonnation must be th e State an d County where th e doc um en t ~ .t~ ·~ signer(s) personalt y appeared be fore th e no tary public for ackn ow ledgment. -fa'fJ,,,~r'/l,.JJ_;~~~c(-).-3__,._.-,J,<Il)>?)_'j!_ _ __LjlO~l~~~i • .__lf.1,..~~ Date ofnolatization mu st be th e date th at th e signer(s) personalty appeared whi ch (Title or descrip ion o attached document continued) mu st a lso be th e sa me date th e acknowledgment is completed. Number of Pages A Do cument Date 'I /, / /h CAPACITY CLAIMED BY THE SIGNER \cJ Individual (~ D Corporate 6 tticer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) D Other _________ _ 2015 Version www.NotaryClasses.com 800-873-9865 • The notai y publi c mu st print hi s or her name as it appears within hi s or her commi ss ion followed by a comma and th en yo ur titl e (not aty public). • Ptint th e name(s) of do cum ent signer(s) who personalty appear at th e tim e of notari za tion. • Indi cate th e COtTec t s in g ular or plural fo nns by crossing off inc otTec t fonns (i.e . he/s he/they, is /are) or circling th e cotTect fonns . Fai lure to cotTectly indicate thi s infonnation may lea d to rej ection of docum ent recordin g. • The no taty sea l impress ion must be c lear and photogra phicall y reproducibl e. Impress io n must not cover tex t or lines. If sea l impress ion s mudges, re-seal if a s uffic ient area pennits, otherwise complete a differe nt acknow ledgm ent fotm. • S ignature of th e notaiy publi c must match the signa ture on fi le wi th th e office of the county clerk. •!• Additi ona l information is not req uired hut could help to ens ure thi s acknow ledgm ent is not mi sused or atta ched lo a different docum ent. •!• lndi cate title or type of attached doc um en t, number o f pa ges and date . •,• Indi cate the capacity cla im ed by th e s ig ner. If th e claimed capac ity is a coq JOra te officer, indi cate th e titl e (i.e . CEO, CFO, Secreta ry). • Sec urely att ac h this do c um ent to th e s ig ned docum ent w ith a stapl e. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • A notary public or other officer completing this cert ificate verif ies 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. who proved to me on the basis of satisfactory ev idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authori zed capacity(ies), and that by his /her/their signature(s) on the instrum ent the person(s), or the entity upon behalf of which the pe rson(s) ac t ed, executed t he instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the law s of the State of Ca lifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~,Ji ,~iV Signature of Notary Public 6 ---------------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: _____________ Document Date: _______ _ Number of Pages : ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer 's Name: ____________ _ D Corporate Officer -T it le(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partne r -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guard ian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing : _________ _ ©2 01 4 Nat ional Notary Association · www.NationalNotary .org • 1-800 -US NOTARY (1 -800 -876-682 7) It em #5907 CERTIFICATE OF ACCEPTANCE The interest in real property conveyed by the Stormwater Management Facilities Operation , Maintenance and Easement Agreer,!lent attached hereto dated P5J~Jsk ( i;:: , 20.J..W entered into by and between v 'if e, ~, \,t'yvto ,e ~~kf/Vl evi .\d , nd the City of Cupertino, a municipal corporation , is hereby accepted by ti;;City of Cupertino by its authorized representative pursuant to authority granted by Resolution No . 11-175. Date ~/'1 sf' lo I CITY OF CUPERTINO, a municipal corporation: By~-- -------, Director of Public Works Exhibit A PROPERTY r C. I ''--. DHIBITA LEGAL DESCRIPTION Real property In the City of Cupertino, County of Santa aara, State of califomla, described as follows: PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 20, 1971, IN BOOK 282 OF MAPS PAGE(S) 12. EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS, AS CONVEYED TO CALIFORNIA WATER SERVICE COMPANY, A CALIFORNIA CORPORATION, BY DEED RECORDED JUNE 4, 1971 IN BOOK 9359, PAGE 727 OF OFFICIAL RECORDS. APN: 369-03-008 ARB : 371-06-031 Exhibit B EASEMENT AREA I~ ::-., BkF ENGINEERS SURVEYORS PLANNERS 100+ YEARS 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com August 4, 2016 BKF Job No: 20107151 EXHIBITB Legal Description STORMWATER MANAGEMENT FACILITY EASEMENT Real property situate in the City of Cupertino, County of Santa Clara, described as follows: Being a portion of Parcel 1 as shown on that certain Parcel Map filed for record on April 20, 1971 in Book 282 of Maps at Page 12, Records of Santa Clara County, more particularly described as follows; BEGINNING at a point on the easterly line of said Parcel I (282 M 12), being South, 314.60 feet from the northeasterly comer of said Parcel 1, being also a point on the westerly line of Blaney Avenue; Thence along said westerly line, South, 67.00 feet; Thence leaving said westerly line the following seven (7) courses: 1) West, 314.04 feet; 2) South, 10.00 feet; 3) West, 66.15 feet; 4) North 114.48 feet; 5) East 212 .52 feet; 6) South, 3 7.48 feet; 7) East, 167.66 feet to the Point of BEGINNING. Containing 34,100 square feet or 0.783 acres, more or less. As shown on plat attached hereto and by this reference made part hereof. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated Sheet 1 of 1 LANDS OF CUPERTINO STEVENS,LLC DOC. NO. 19222831 LANDS OF LAKE BILTMORE APARTMENTS H521 OR 169 100 0 50 ~--- LANDS OF PREG BILTMORE DOC. NO. 22278606 STORMWATER MANAGEMENT FACILITY EASEMENT 34,100 SQ. FT.± 0. 783 ACRES± EAST 212.52' POINT OF ~r -A_ BEGINNING SOUTH EAST 167.66' ~I 37.48' -- Cl'.: ~~.1~- WEST LsouTH 10.00' ---WEST 314 .04' RODRIGUES A VENUE ro I") :r: I- :) 0 (/) w ::, z w > C >-w z C ..I m [ PRICE A VENUE -I .......--------.------.-------r------\_\ (SCALE IN FEET) CIT Y OF CUPEJINO SANTA CLARA COUNTY, CALIFORNIA !~Bk f ioo+ --YEARS ENGINEERS . SURVEYORS . PLANNERS 4670 WILLOW RD SUITE 250 PLEASANTON , CA 94588 925-396-7700 925-396-7799 (FA X) Subject STORMWATER MANAGMENT FACILIT Y EASEMENT -LAKE BILTMORE APARTMENTS Job No. 20137096 By MR Date 8/4/16 Chkd.W.,_,_,S"'------_ SHEET 1 OF ...!...1 __ _ Exhibit C FORM OF MAINTENANCE INSPECTION REPORT (from Stormwater Management Plan) Bioretention Area Maintenance Plan for BILTMORE CLUBHOUSE February 25, 2015 Project Address and Cross Streets ___________________ _ Assessor's Parcel No.: Property Owner: Phone No.: ________ _ Designated Contact: Phone No.: ________ _ Mailing Address: _________________________ _ Tl1e property contains 09 bioretention area(s), located as-aeseribed oo-lew-end as shown in the attached site plan 1 • I. Routine Maintenance Activities The principal maintenance objective is to prevent sediment buildup and clogging, which reduces pollutant removal efficiency and may lead to bioretention area failure. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1. Table 1 Routine Maintenance Activities for Bioretention Areas No. Maintenance Task Frequency of Task 1 Remove obstructions, debris and trash from bioretention Monthly, or as needed after storm area and dispose of properly. events 2 Inspect bioretention area for ponded water. If ponded Monthly, or as needed after storm water does not drain within 2-3 days, till and replace the events surface soil and replant. 3 Insp ect inlets for channe ls, so il exposure or other Monthly, or as needed after storm evidence of erosion. Clear obstructions and remove events sediment. 4 Remove and replace all dead and diseased vegetation. Twice a year 5 Maintain vegetation and the irrigatio n system. Prune and Twice a year weed to keep bioreten tion area neat and orderly In appearance. Remove and or replace any dead plants. 6 Check that mulch is at appropriate depth (2 inches per soil Monthly specifications) and replenish as necessary before wet season begins. 7 Inspect the energy dissipation at the inlet to ensure it is Annually, before the wet season functioning adequately, and that the re is no scour of the begins surface mulch. 8 Inspect bioretention area using the attached in spect ion Monthly, or after large storm events, checklist. and after removal of accumulated debris or material 1 Attached site plan must match the site plan exhib it to Maintenance Agree ment. Page 1 EXHIBIT C Bioretention Area Maintenance Plan Date of Inspection : _____ _ Property Address : _________ _ Treatment Measure No.: _____ _ II. Use of Pesticides The use of pesticides and quick release fertilizers shall be minimized, and the principles of integrated pest management (1PM) followed: 1. Employ non-chemical controls {biological, physical and cultural controls) before using chemicals to treat a pest problem. 2. Prune plants properly and at the appropriate time of year. 3. Provide adequate irrigation for landscape plants. Do not over water. 4. Limit fertilizer use unless soil testing indicates a deficiency. Slow-release or o rganic fertilizer is preferable. Check with municipality for specific requirements. 5. Pest control should avoid harming non-target organisms, or negatively affecting air and water quality and public health . Apply chemical controls only when monitoring indicates that preventative and non-chemical methods are not keeping pests below acceptable levels. When pesticides are required, apply the least toxic and the least persistent pesticide that will provide adequate pest control. Do not apply pesticides on a prescheduled basis. 6. Sweep up spilled fertilizer and pesticides. Do not wash away or bury such spills. 7. Do not over apply pesticide. Spray only where the infestation exists. Follow the manufacturer's instructions for mixing and applying materials. 8 . Only licensed , trained pesticide applicators shall apply pesticides. 9. Apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging pesticides into runoff. With the exception of pre-emergent pesticides, avoid application if rain is expected . 10. Unwanted/unused pesticides shall be disposed as hazardous w aste. Ill. Vector Control Standing water shall not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the Santa Clara Valley Vect o r Control District (District). Mosquito larvicides shall be applied only when absolutely necessary , as indicated by the District , and then only by a licensed professional or contracto r. Contact information for the District is provided below. Santa Clara Valley Vector Control District 1580 Berger Dr. San Jose, California 95112 Phone: {408) 918-4770 / (800) 675-1155 -Fax: (408) 298-6356 www.sccgov.org/portal/site/vector IV. Inspections The attached Bioretention Area Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance , and record maintenance t hat is conducted. Pag e 2 EXHIBIT C Bioretention Area Inspection and Maintenance Checklist Property Address: _____________________ _ Property Owner: _____________ _ Treatment Measure No.: _____ _ Date of Inspection: ____ _ Type of Inspection: Monthly Pre-Wet Season End of Wet Season After heavy runoff lnspector(s): ______________ _ Other:. _______ _ Defect Conditions When Maintenance Is Maintenance Comments (Describe maintenance Results Expected When Needed Needed? (Y/N) completed and if needed maintenance was Maintenance Is Performed not conducted, note when it will be done) 1. Standing Water Water stands in the bioretention area There should be no areas of between storms and does not drain standing water once storm event within 2-3 days after rainfall. has ceased. Any of the following may apply: sediment or trash blockages removed, improved grade from head to foot of bioretention area, or added underdrains. 2 . Trash and Debris Trash and debris accumulated in the Trash and debris removed from Accumulation bioretention area . bioretention area and disposed of properly. 3. Sediment Evidence of sedimentation in Material removed so that there Is no bioretention area. clogging or blockage. Material is disposed of properly. 4. Erosion Channels have formed around inlets, Obstructions and sediment removed there are areas of bare soil, and/or so that water flows freely and other evidence of erosion. disperses over a wide area. Obstructions and sediment are disposed of properly. 5. Vegetation Vegetation is dead , diseased and/or Vegetation is healthy and attractive overgrown. in appearance. 6. Mulch Mulch is missing or patchy in All bare earth Is covered, except appearance. Areas of bare earth are mulch is kept 6 inches away from exposed, or mulch layer is less than 2 trunks of trees and shrubs. Mulch is inches in depth. even in appearance , at a depth of 2 inches. 7. Miscellaneous Any condition not covered above that Meets the design specifications. needs attention in order for the bioretention area to function as designed. Bioretention Area Maintenance Plan -Page 3 EXHIBITC