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16-148 Maintenance Agreement, Uri Freeland and Batia Freeland, 21731 Stevens Creek Boulevard, APN 326-20-048RECORDING 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 23518134 Regina Alcomendras Santa Clara County -Clerk-Recorder 12/05/2016 10:46 AM Titles: 1 Fees: 10.00 Taxes: 0 Total: 0 .00 Pages: 9 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MAINTENANCE AGREEMENT 21731 Stevens Creek Boulevard, Cupertino CA APN 326-20-048 ~ 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 October 17, 2016, from 21731 Stevens Creek 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: November 2, 2016 By: ~ sap~v Senior Office Assistant RECORDED AT THE REQUEST OF ) Md ) WHEN RECORDED RETURN TO: ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT 21731 Stevens Creek Boulevard APN 326-20-048 THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this /7 day of ~C& It&; 20_Lk by Uri Freeland and Batia Freeland, as co- Trustees of The Freeland Living Trust, U/A dated July 20, 2015, ("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 Stevens Creek Retail Development is located at 21731 Stevens Creek Bouldvard 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 21731 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. 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, included but not limited to, bench, trash receptacle (if placed in the public right of way), iITigation, and landscaping located on the portion of the City's property that abuts and fronts the Project ("the Frontage Area of the Project") along 21731 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 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 arid 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. 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. 2 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 : The Freeland Living Trust (notary acknowledgement attached) CITY OF CUPERTINO ~ Timm Borden, PE Director of Public Works Approved as to Form City Attorney 3 EXHIBIT A The land referred to herein is situated in the County of Santa Clara, City of Cupertino, State of California, and is described as follows: Parcel One: Beginning at a point of intersection of the Easterly line of Adriana Avenue with the most Southwesterly corner of Lot 1, as said Avenue and Lot are shown upon Tract No. 11 Knoll Vista Subdivision, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, on October 31, 1949 in Book 24 of Maps, Page 39; thence from said point of beginning along said Easterly line of Adriana Avenue, South 0° 01' 15" East 179.99 feet to the beginning of a curve; thence along the arc of a curve to the left with a radius of 20.00 feet through a central angle of 90° 01' 15" for an arc length of 31.42 feet to the Northerly line of Stevens Creek Road; thence along said Northerly line 108.42 feet to a point of intersection with the extension of the Easterly line of said Lot 1 hereinabove mentioned; thence North 0° 01' 15" West 200.00 feet to a point which is the most Southeasterly corner of said Lot 1; thence along the Southerly line of said Lot 1, West 128.43 feet to a point of beginning and being a portion of Section 14 Township 7 South, Range 2 West, M. D. B. and M. Parcel Two: Easement for the purpose of ingress and egress and public utilities over a strip of land of the uniform width of 35 feet lying Easterly of and contiguous to the Easterly line of the premises above described as granted in the Deed dated February 24, 1947 and recorded February 26, 1947 in Book 1433 of Official Records, Page 439, from Richard Woelffel, et ux, to Charles Rifredi, et al. APN: 326-20-048 LANDS OF \ \:/~"1-i. THE FREELAND LIVING TRUST O FF ICIAL · o \ DOCUMENT 23037 422 PLAN LINE ~06\' ~1 ''l ./------L \;'--.<--/ S84.32'07"E c.._D \ ~ /,,,., 1 i ~ / ' "E 88.66' ~ r,----i--_::.__-¥::::.,,,=· ~3~7~.s~o-· =-==-=-=-~~~8:9~~5~7~1--=4-~-~-=~~::.,-=-~,;::::_~-+-_ '-l -i-_ _,,,.,.. 896 S.F.± t ,........_w . z:::, ss9·57'14"w 1oa.43' P.0.8. ; <!:z vJ I ' 0:::: w '0> ---~~-----__ ·-- NB4 ·32 '07"W N89'57' 14"E (D ------==-r=-.--~1t I J _ 1 New Centerline 469 MAPS 51-59 Old Centerline STEVENS CREEK BLVD. LEGEND 0 = Frontage Area I -0 )> I )> <1 U) rri )> Z 0 C fTl rri z ')> EXHIBIT B N CALIFO RNIA 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 __;;cS"'-Grvl-\----'--'-°'-__,,_CJ""-'--""G..,..!2_~-+--1 - 1 \ b IC. L. DUBAL, NOTARY PUBLIC On Oc\o~-eJZ-\7 ,J...ti ,_before me, __________________ , Notary Public, (Here insert name and title of the officer) personally appeared _U~"f~'-~t_')_-e..J2~~\ C\.-¾ __ J ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose namJi~,»/are subscribed to the within instrument and acknowledged to me tha®he/they executed the same in~er/their authorized capacity(ies), and that by~her/their signature(s) on the instrument the person(s), or the entity up on behalf of which the person(s) actect,"-6ecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. L. DUBAL WITNESS my hand and official seal. 2 CO M~l. # 2066993 Gl (/l en NOTARY PUBLIC •CALIFORNIA 2 <:) SANTA CLARA COUNTY ~ My Co mm. Exp. May 31 , 2018 1 ... - Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRJPTION OF THE ATTACHED DOCUMENT (Tit le or description of atta~clocument) (Title or description of attached document continued) Number of Pages ~ Document Date c,d l 71 P.....o ! G (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other ____________ _ INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly co mpleted and attached to that do cument. The only exception is if a do cument is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a do cu ment so lon g as the verbiage does not require the notary to do something that is illegal for a nota,y in California (i .e. certifying th e authorized capacity of the signer). Please check the do cument carefully for proper notarial wording and attach thisfo,m if required. • State and County information must be the State and County where the document 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 . • The notary public must print his or her name as it appears within hi s 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 tim e of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i .e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits , otherwise complete a different acknowledgment form. • Signature of the notary public mu st match the signature on file with the office of the county clerk. •!• Additional information is not required but could help to ensure thi s acknowledgment is not misused or attached to a different document. •!• 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). • Secure ly attach this document to the signed document C 2004 -201 5 ProLink Si gning Service, Inc. -All Rights Reserved www.TheProLink.com -Nationwide Notary Service 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 5 ~ ~-} On _&tP-~_._?'5_,....~, U __ l _l.o_before me, Jl.U,..,u')., L'-Jf'i-S.T ~. personally appeared n ~ ~ who proved to me on the basis of satisfactory evidence 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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. JULIA KINST Commission # 2002313 Notary Public • California ~ Santa Clara County ~ My Comm. Expires Jan 25, 2017 Notary Pu~re (Notary Pub li c Seal) INSTRUCTIO NS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with cu/'/'ent California statutes regarding notmy wordi11gand, DESCRIPTION OF THE ATTACHED DO CUMENT ~~~~d (Title or description of attached document! .A-p N ~ 24. u -CJ '+J (Title or description of attached document continued) Number of Page s 5 Document Date I (J/:>·!!{'// ~ CAPACITY CLAIMED BY THE SIGNER b( Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee (s) o Other _________ _ 2015 Version www.NotaryC lasses.com 800-873-9865 if needed , should be co111pleted and al/ached to the document. 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Fa ilure to COITectly indicate thi s in fo nnati on may lead to rejecti on of document recording. • The nota1y seal impression must be clear and photographically reproducible. Impress ion mu st not cover text or lin es. If sea l impress ion smudges, re-sea l if a s ufficien t area pennits, oth erwise complete a different acknowledgment fonn. • Signature of the nota,y pub lic must match th e signature on file wi th th e office of th e county c lerk. ••• Additiona l infonnation is not req uired bu t co uld help to ensure thi s acknowledgment is not mi sused or attached to a different document. •:• Indi cate title or type of attac hed document, number of pages and date. •:• Indi cate the capacity c laimed by th e signer. If th e claim ed capacity is a cmvorate officer, indi cate th e title (i.e. CEO, CFO, Secretaiy). • Sec ure ly attac h this document to th e s ig ned document w ith a staple.