17-018 Maintenance Agreement, Copper Ornamentation for Gutters and Downspouts at 22430 Cupertino Rd APN 326-50-070, Document No. 23595152•
RECORDING 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
23595152
Regina Alcomendras
Santa Clara County -Clerk-Recorder
03/03/2017 10:56 AM
Ti lles: 1
Fees : 10.00 Taxes: 0
Total: 0 .00
Pages: 8
(SPAC E ABOV E THIS LINE FOR RECORDER'S USE)
MAINTENANCE AGREEMENT
Copper Ornamentation for Gutters and Downspouts at
22430 Cupertino Road, Cupertino CA
APN 326-50-070
Original
D For Fast Endorsement
NO FEE FOR RECORDING )
GOV'T. CODE SECTION 27383 )
)
)
WHEN RECORDED RETURN TO: )
City of Cupertino )
Community Development Department )
10300 Torre Avenue )
Cupertino, CA 95014 )
SPACE ABOVE FOR RECORDER'S USE ONLY
Maintenance Agreement
Copper Ornamentation for Gutters and Downspouts at
22430 Cupertino Road
APN 326-50-070
THIS Agreement is made by and between Ali Reza Paknahal and Motahareh Mesbahi, husband
and wife , as community property with right of survivorship ("Owners"), as the owners of APN 326-
50-0 70, commonly known as 22430 Cupertino Road and more particularly described in Exhibit A
attached hereto (the "Property"); and the City of Cupertino , a Municipal Corporation (the "City ")
regarding the installation, use and maintenance of copper ornamentation for certain downspouts
for the dwelling unit located on the Property.
This Agreement is made with reference to the following :
A. Owner has installed or caused to be installed, on the dwelling unit located upon the Property,.
copper ornamentation for downspouts.
B. The City is willing to defer enforcement to require removal of copper ornamentation for certain
downspouts on the dwelling unit on the Property provided that the copper ornamentation is
properly lined/coated to minimize contact between the copper ornamentation and storm water
along the water conveying portions of the gutters and downspouts.
NOW, THEREFORE, Owner agrees and covenants with the City to the following provisions for
themselves and their successors in interest in and to the Property that will contain such copper
ornamentation along the gutters and downspouts .
Owner agrees and covenants to and on behalf of the City as follows :
1. Owner will cause its contractors to install a high performance coating, approved by
the City Engineer, inside the gutters and downspouts designed to eliminate or minimize contact
between the copper ornamentation and storm water along the water conveying portions of the
gutters and downspouts. Additionally, the high performance coating will not be transparent and
will cover all visual indications of copper, and the owner shall ensure any visual indications that
may be uncovered are recoated as soon as reasonably possible .
2. Owner will inspect or cause to be inspected the high performance coating every
year and agrees that the high performance coating will be reapplied or replaced every five years
or the usual life of the high performance coating per the manufacturer's recommendations,
whichever is shorter.
3. Owner agrees to have the high performance coating inspected annually,
immediately before the rainy season as defined by the City of Cupertino, to ensure that contact
between the copper ornamentation and storm water is minimized. The inspection shall be
performed by a qualified certified inspector or licensed contractor, and to have said qualified
professional provide a written report of the condition of the materials . The Owner will be
responsible for providing a copy of the written report to the City Engineer no later than the 3P1 of
October of each year .
4. Owner shall retain a licensed qualified contractor to utilize materials that are
appropriate to apply the high performance coating utilized for along the interior of the gutters and
downspouts on the outside of the gutters and downspouts and tinted to a color suitable to the
project, as approved by the City Engineer. The intent of application of the materials coat the
gutters and downspouts is to minimize the release of copper into the storm drains , the project
itself and the environment. Should Owner desire an alternative treatment or coating, Owner will
submit information about the alternative to the Public Works Department for review. Owner
agrees that Owner will cause the coating or alternative to be inspected by a qualified certified
inspector or licensed contractor annually, and to have said qualified professional provide a written
report of the condition of the materials. The Owner will be responsible for providing a copy of the
written report to the City Engineer no later than the 31 st of October of each year. The Owner will
arrange for replacement of the material, reapplication of the material or spot repairs as necessary
to ensure the copper ornamentation is properly coated and/or sealed . The Owner shall submit to
the City for review and approval, manufacturer's specifications and recommendations of any
proposed change or alteration in material utilized for the high performance coating . This
agreement shall remain in place until such time that the copper ornamentation is removed from
the dwelling unit , and replaced with an alternative material acceptable by the City .
5. Owner shall design and maintain the gutters and downspouts to ensure that these
facilities only drain to onsite landscape areas . The Owner shall cause the gutters and downspouts
to be inspected annually to determine whether they are draining to onsite landscaping . Any failure
in the system will be promptly remedied.
6. After conveyance of the Property to a party other than the Owner, the Owner of
the Subject Parcel shall be responsible for undertaking all of the maintenance, repair, reporting
and remedial actions and obligations required under this Agreement.
7. Equitable Servitudes; Covenants Running With the Land . All of the covenants and
obligations herein contained shall be deemed to be equitable servitudes enforceable by any of
the parties hereto or their successors and assigns. The covenants and obligations set forth herein
shall be covenants running with the land and shall be binding upon and inure to the benefit of all
parties having or acquiring any right, title or interest in the Property herein described.
8. Attorneys ' Fees . In the event any party hereto institutes legal action or arbitration
to enforce or interpret its rights under this Agreement , then the prevailing party or parties shall be
entitled to reasonable attorneys' fees in addition to other costs of suit as awarded by the court or
arbitrator. If the City or Owner uses in house counsel for any such action or arbitration, then the
costs of such counsel shall be billed at ordinary rates that such attorney bills to departments his
or her services for reasonable time for legal effort expended.
9. Counterparts . This Agreement may be executed in counterparts .
10. Governing Law . This Agreement shall be governed under the laws of California .
11. The City shall be deemed and is hereby agreed to be the beneficiary of this
Agreement and shall have the right to bring action in law or in equity to enforce the provisions of
this Agreement against any Owner of a Subject Parcel that fails to comply with the provisions of
this Agreement. In addition , this agreement is made without prejudice to the City 's right to require
removal of the gutters in the future and to ensure full compliance with the Cupertino Municipal
Code .
IN WITNESS WHEREOF, this Agreement is executed effective as of
'Feb · l ?> 1 ''LJ) l 1 , 2017
City of Cupertino
By:~----
j
Motahareh Mes-ba-1='1 1--· ----
Date: 2 ---) ~ -\ l
Title: Timm Borden, Director of Public Works
Date: '7.)1 S-/ / 7 I f-
Randolph Stevenson Hom, City Attorney
Exhibit A
All that certain real property situate in the City of Cupertino, County cf San ta Clara, State of Ca lifornia, described as follows:
All that certain real property being a portion of Lots 3 and 19, and all of Lot 19A and as shown on Map of Inspiration Point, Manta
Vista. filed April 11. 1917 in Book P of Maps, at Page 18, Santa Clara County Records, descr ibed as fo llows:
Beginning at the l~orthwesl corner of said Lot 19A on the South line of Cupertino Road, (formerly Stevens Creek Road); thence S.
o• O' E. 138 feet, more or less, along the West line of said Lots 19A and 19 to the Northv,esl comer of Parcel 4, as shown on Parcel
Map flied January 30 , 1995 in Book 662 of Maps, at Pages 21 and 22, Santa Clara County Records; thence along the North line of
said Parcel 4, S 89" 53' E. 95.38 feet to a point; thence N. 15' 22' 55" E. 55.05 feet to a point; thence N. r O' W. 84.89 feet to the
South line of said Cupertino Road; thence along said South line (also being the North line of said Lots 3 and 19A) N. 89° 53' W .
110 .00 feel, more or less, to the point of beginning and being the "Remainder L. Gaviglio 14, 792 sq. feet" parcel shown on Parcel
Map filed January 30, 1995 in Book 662 of Maps at Pages 21 and 22, Santa Clara County Records.
EXCEPTING THEREFROM the underground water rights, with no rights of surface entry, as granted to the City of Cupertino,·a
municipal corporation, by document recorded November 29, 1994, recorder's Serles No. 12733660, Official Records.
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 1 _ /'/
County of $""{ ~--r-q ~et,...,,,
On kt . I 3 "},-o / '=t-before me , k r.r./e., /2e..')t!{' 52 Vqr~-., ,/f.;ofv-y Pt-1" l ie
(insert name and title Of the officer) I
personally appeared A /1 · ~ e z~ f, K n ei h 1i / • 11 ofq h ~re~ ~ esl, 'f h / ,
who proved to me on the basis of sat isfactory evidence' to be the person(s) whose name(§l is/~
subscribed to the within instrument and acknowledged to me that he/sh~_y__executed the same in
his/her/t~authorized capacity(i~and that by his/her/t~ignature~on the instrument the
person~ or the entity upon behalf of which the person~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.
KIRSTEN RENEE SOUARCIA
WITNESS my hand and official seal.
Signature M~
Commission # 2080884
j Notary Public -California i
z Santa Clara County ~ t O 4 0 0 ,Ml 8°2'TJxtcrser°;tJ,J~1il
(Seal)
CALIFORNIA ALL-PURPOSE
C E RTIFICATE 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..;:;_~=-------..:._____::___:_.,c__,.C-""~==--=-=--=--}
On £:eJ, l S, To t3-before me , ,\ l,U..,u.~, ~~f).\e~!~ana,,u nt~e~ ,P,J.Ji,u .-,
personally appeared 1"'\\J\A-\M-~4-l/\
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/he r/their s ignature(s ) on the inst rument the person(s), or the entity upo n behalf of
which the person (s) acted , execu ted the instrumen t.
I certify under PENAL TY OF PERJURY under the law s of the State of California that
the foregoing paragraph is true and correct.
-------..... --
WI T NESS my hand and offi cial se a l. I~
... . . JULIA KINST t
..... · . Notary Public -California I
• Santa Clara County I
· Comm1111on # 2177456 ..
My Comm. Euina JIit 25 2021 f -----... ----
(Nota ry Publ ic Sea l)
-~
~ ~
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"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 February 13, 2017 from
22430 Cupertino Road, 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:
By:
February 21, 2017
Lauren Sapudar
Senior Office Assistant