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22-129 Maintanence Agreement for 23500 Cristo Rey Drive, Roman Catholic Bishop of San Jose; SCCR 25357406RECORDING 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 WIm GOV. CODE 27383 253574(2)6 Rag i ha R l comendras Sarita Clara Courity - Clerk-Recorder e8/12/2el22 11 42 QM Titles: 1 Pages: 16 Fees: $G5.M Taxes : $O Total : §(h.€[lD llllN.l!Al',':ISiAK!a)I'l!i>j?'!g'N!.':'4r,A'hl'lll%flmllTh €1111 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MAINTENANCE AGREEMENT 23500 Cristo Rey Drive, Cupertino, CA 95014 [1 0riginal [1 Conformed Copy RECORDED AT THE REQUEST OF And WHEN RECORDED RETURN TO: SPACE ABOVE FORRECORDER'S USE ONLY MAINTENANCE AGREEMENT 23500 Cristo Rey Drive, Cupertino, CA 95014 MAINTENANCE AGREEMENT ("Agreement") is made and entered into this LS'n dayof kTIS 2(2%,bytheRomanCatholicBishopofSanJose,aCaliforniacoiporationsole RECITALS: The following recitals are a substantive portion of this Agreement: A. TherealpropeityandimprovementsthatcompriseTheFonu'nSeniorCommrinityUpdate ("Project") is located at 23500 Cristo Rey Drive within the City of Cupertino ("City"), County of Santa Clara, State of Califoinia. B. Assetforth,theprovisionsofthisAgreementareintendedtoandshalliunwiththeProject and be biiidiiigupon all owners, successors and assigns of the Project, or anyportion. C. The pui'pose of this Agree'inent is to allocate the costs of maintenance, repair and replacement between Declarant and the City of ceitain improvements, including landscaping aiid associatedfacilities, thatis situated on realpropeityowned bythe Declarantatthe northwest comer of Cristo Rey Drive and Oak Valley Road adjacent to the Project, and to establish certain criteria and procedures for the accomplishinent of maintenance, repair and replacement. NOW, THEREFORE the paities hereto agree as follows: 1. CovenantsRunningwiththeLand;PropertySubjecttoAgeement: Alloftherealprope$ described iii Exhibit "A" shall be subject to this Agreement. It is intendedthat the provisions of this Agreement shall run with the land and sliall be binding on all parties liaving or acqriiring aiiy right, title or interest in the real propeity describedin Exhibit "A" or any poition andshall be for the benefit of each owner of any of the pai'cels or any poition of the propeity and shall inure to the benefitofandbebindinguponeachsuccessorininterestoftheowners. Eacliofthelimitations, easements, obligations, covenaiits, conditions, and restrictions contained herein shall be deemed to be, and sliall be constn'ied as equitable servitudes, enforceable by any of the owners of any of the property subject to this Agreement agaiiist any other Owner, tenant or occupant of the propeity, or any poition. 2. Responsibility for Cost of Repair, Replacement and Maintenance: Declarant, or its successor in interest, sliall, at its sole cost and expense, maintain, repair, replace, remove and keep Page l of 4 in good and l'iealthy condition as exists as of the date of this Agreement, all landscaping located on tlie poition of the Declarant's propeity tliat abuts and fronts the Project ("the Maintenaiice AgreementArea") atthe noithwestcoi'nerof Cristo Rey Drive and Oalc Valley Road to back of curb line, excepting tlie low rock wall, irrigation system, electrical connections, and utility expenses, which shall remain the maintenance responsibility and utility expenses of the City. Exhibit "B" shows the portion of the Declarant's propeity for wl'iich Declarant is responsible for maintenancehereui'ider. 3. Definitioi's of Repair, Replacement and Maintenance: The repair, replacement and maintenanceto be undertaken andperformedunderthis Agreementshall include allworknecessaiy to maintain the Maintenance Agreement Area described in paragraph 2 and delineated on Exhibit "B"in goodandhealthyconditionunderallweatherconditions,andinsimilarorbettercondition asexistsasofthedateofthisAgreement. TheMaintenanceAgreementAreasliallbemaintained to a high standard that is comparable to similar iinprovements at other liigh-quality developments intheCity. Toaccomplishthemaintenance,Declarantslialleitherprovidequalifiedpersonnelto perfoi'i'n tlie maintenance work or contract with qrialified companies for this, and any otlier iteins necessaiy to comply witli the requirements of this Agreement. 4. Maintenance Standards: Upon the City's reasonable determination that Declarant's performance of this Agreen'ient does not satisfy its obligations provided herein, City shall provide written notice of tlie specific deficiency to Declarant who will then remedy the deficiency within 30 days of such notice. 5. MutualIndemnity:Tothefullestextentallowedbylaw,Declarai'itslialldefend,indemnify, and hold harmless City, its City Council, boards and commissions, officers, officials, agents, employees, set-vants, consultants and volunteers (hereinafter, "Inden'itees") from and against any liability, loss, damage, expense, and cost (including reasonable legal fees and costs of litigation or arbitration), resulting from injui'y to or death of any person, damage to property, or liability for other claims, stop notices, demands, causes of actions and actions, arising orit of or in any way peitainiiig to, or related to the rise and landscape maintenance by Declarant or Declarant's employees, officers, officials, agents or independent contractors of the Maintenance Agreement Area described in paragraph 2 and delineated on Exhibit "B", or from negligent acts or omissions or willful misconduct of Declarant, its agents, employees, contractors, or subcontractors. Declai'aitt shall, at its own cost and expense, defend any aiid all claims, actions, suits or legal proceedingp that may be brougl"it against the City or any of the IIndemnitees (with counsel acceptable to City) iii connection with this Agreement or arising out of Declarant's perfoi'i'nance or nonperfoimance of its duties and obligations hereunder, except to the extent any of the foregoing is caused solely by tlie negligence or willful misconduct of the City or tlie City's agents, employees and independent contractoi's. To the fullest extent allowed by law, City shall defend, indeini'iify, and liold hari'nless Declarant, its officers, officials, agents, employees, sei'vants, consultants and volunteei's (hereinafter, "Indemnitees") from and against any liability, loss, damage, expense, and cost (including reasonable legal fees and costs of litigation or arbitration), resulting from injury to or death of any person,damage to property,orliability for other claims, stop notices, demands, causes of actions and actions, arising orit of or in any way pertaiiiiiig to, or related to tlie use, landscape maintenance and improvements by City or City's employees, officers, officials, agents or independent contractors of the Maintenance Agreement Area described in paragraph 2 and delineated on Exhibit "B", or from negligent acts or omissions or willful misconduct of City, its agents, employees, contractors, or subcontractors. City shall, at its own cost and expense, defend any and all claims, actions, suits or legal proceedings that may be brought against the Declai'ant or Page 2 of 4 any of the Indemnitees (with coruxsel acceptable to Declarant) iii connection with this Agreement or ai'ising out of City's perfoi'mance or nonperformance of its duties and obligations hereunder, exceptto the extent any of the foregoing is caused solely by the negligence or willful misconduct of Declarant or tlie Declarant's agents, employees and independent contractors. 6. InsuranceRequirements: DeclarantsliallnotcoininenceworkunderthisAgreeinentuntil ithasobtaiiiedalliiisurancerequired. DeclarautshallmaintainWorkelsCompensationInsui'aiice, andif applicableshallalsorequireallsubcontractorstoprovideWorker's CompensationInsuiaiice. Declarant shall maintain Comprehensive General Liability in an amount of not less than $1,000,000.00. 7. At-toriiey'sFees: Intheeventthatanypartyinstituteslegalactionorarbitrationagainstthe other to interpret or enforce this Agreement, or to obtain damages for any alleged breacli, the prevailing party in the action or arbitration shall be entitledto reasonable attoi'neys' or arbitratoi's' fees in additionto all other recoverable costs, expenses and dainages. 8. Further Documents: The parties covenant and agree that they shall execute frirther documents ai'id iiistit'ictions as shall benecessaiy to fully effectuatethe tenns andpi'ovisions of this Agreement. 9. Entire %rreement: This Agreement constitutes tlie entire agreement of tl'ie parties with respect to tlie subject matter containedherein and supersedes all prior agreements, whether written or oral. There are no representations, agreements, arrangements, or undeitalcii'igs, oral or written, which are not fully expressed liereiii. 10. Severability: IntheeventanypaitorprovisionofthisAgreementshallbedetei'minedto be invalid or unenforceableunder tlie laws of the State of California, the remaining portions of tl'iis Agreement whicli can be separated from tlie invalid, unenforceable provisions shall, nevertheless, contiiiue iii 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 otlier covenant contained herein. 12. Recordation: ItisanticipatedtliattliisAgreementshallberecordedandshallbeexecuted and acla'iowledged in proper recordable foi'i'n. 13. Ainendment: ThisAgreementmaybeamendedinwholeorinpaitonlybymutualwritten agreement. Any amendment sliall be recorded in Santa Clara County, California. In the event any conflict arises between tlie provisions of any such amendment and any of the provisions of any earlier document or docuinents, themost recently duly executed andrecorded amendi'nent shall be controlling. Executed the day and year first above written. DECLARANT: The Roman Catholic Bishop of San Jose, a California coiporation sole By: (notai'yackm Rev. Ha6 Dinh Attoniey in Fact (notai'y acknowledgement attached) Page 3 of 4 CITY OF C'UPERTINO Page 4 of 4 Exhibit A PROPERTY BEING the lands described as APN 342-5-64 after Lot Line Adjustment in the Certificate of Compliance recorded September 2, 1997, in Book K282 at Page 1390, InstnimentNumber 9418721, Official Records of Santa Clara County. I[ I lil Q I ili R " :(b qfAa"i'is-i-V+ tl W t II K282pbtital394 Ri;t!5 le da v 8 ant! pei ink be lng az I)allt along sald Hei t th@ t 17 I l all S()11th 81o 13 ' 0 'J " West 214.00 feet from Lh* most Narth..aat*rly. coexist of said %xcel At tbet'i:a al5nq 8ald North*flx 1154 Nirtb 81" 13' 03" giant 214.00 ease t@ fli.ld mOgt Nerlih*agterly corner of gala ?arcbl At thence *lonq the qsnsral Easlerly llr.*s oe Aiild Parcsl A, an 8hovn an @aid Reu.Ord Of hurVoyl the four fGllOVinq couttioti &itd distances: South 12o 5Sa [19" !,;ist 245.07 feet. South 09"' 25' 07" East. 745.77 fatn-i North 'iso 01' 33'- Rafflt 241.01 feet and South 30o 13' :9" East 1'l6,71 feat. te+ the most !t-qtarly eeirzisr of sald Pbrspl AJ thsiici+ along the hTortlieaatarly prolonqalion of tjis Southsagtsrly 11nsi tt said Parcel Ai !'air'-h 51o (+:" 05'a east. 411194 ftiit, more or l*asi i.o tbe lbtorseebJon thereof vlth thii Southsrly ltii@ at lal(l 37.<)2 a<.ra parcelJ th(IIIII!O PlOtlq @at -' 8ouehsrlv line )$Oleth B3o 53 a 21aa Wiist 118.42 toots thsnce along the gouthv*stgr).y and Northmiitstaly linss of sald 37.92 11cro par aO 1 tl)41 lah)"*ffi €0 110Vl)aq aoufJss and d!lltaoeO!l ! HOr th 3 go 55 ' 21aa Naa l: 527,7:1 fOotl 80fF.h 120 33a 12" W@ffit. g76.62 to@F. titid H@i-t9 27"' 34' 24' EAtt 407 ill :O*ki fflOrO I:na l*all r tO the lal(! polnt Of bl!g lnnllaq <)f khla (lJlllela lptlt)Tl !lkld cantalnlng 54.04 ai:riis of land. inorsi or less. TOGPiTHER WIT'H an *iisan+etit. (25 - 00 f@ot- in vldth ) e o r I ngr*a s i *grn g8 and roadvay purpogsii the Eastrly and Northoaitorly lines of iiald aagemont being moc* paztlcularly d*oeribad an eollovsi liEG!)nllMa a: the harelnabove m*ntloii*6 Sout.haast.*rly corner of %rcel 1)it theiiico from ahsa potiit O( bHknnSriq alon@ szla Southveist*rly line oe seild Purc*l It Nortii 65o na' 47" 14slt 40iB7 tent. to the Int.irtt*ction thereof truth thti coiit.*rl.lti* of the paved xosdvby lea(21119 to Salnt Jbs0ph'8 Ssi.iinary at. the TRU 100.01) f*llL 80util 03o 02' 64" )talk 67i'34 Z*@t.i SiOuthOXl} alo!4 all Are 01 it tiinq*nt curve to t.ha ;set vith & radluo of 400.00 !oel:. tluaou;lh a central angle cut VO t(} the l() !t V l th a r iidl un O e 7 CIO iOO e90t r the Ouqll & e@lltr*l angl l) ()f 12o 45 ' 00"/ Iln ara dlstanc* of 155 i 7? eb0'Ca tjkngont- k@ tb* ptoc*d.tnq aurVO SO'Jkll Slo 43' 37" Eajit lAtii70 east and gouth*agterxy along an bta be & tang*fflt cutvs b6 t.h* rlqht Vlt.h ,a radlua at 600.00 faiib, tbrou;lit & e*ntreil aThgl* Of 2titi 26 20" i 110 Ar<: di Atan(!ffl at 214 i 04 f*@t ka th@ t@ rmlnus at tlils easamll(lt - Tl) )lorlh*aatorly t*rminsil Ilii* kt tails *aa*m*nt b*liiO sajd Gouthvei).orly line of 1062D aJ*;&.'-;!%;-' j'g' -'-%- -' -la" ' a"4va- - -'= 'f- """aJ jiilill ii 111:!'li' :a:i 'i:' i'!' (l.*l ac. 29.09 At.. N ET ,>5 al {J:/7 j m d I II ! Q I I I 1 : I,.i l, Ill il )t. % & ., .tf:LX h(IAI uaaail 1.N+117 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of and notthe individual who signed the document to which this certificate is attached, the truthfulness, accuracy, or validity of that document. Stateof California ) Countvof h (- crr i l; o- ,=Jt,t% t". '7o:2z- hpforemp,"(l/la'eX'-# A- ukn Mh !"Aa pers O n all y a p peare d ,-. H , o ', 1, ?. 1, ff(lier,ei (nse Mrt n ,ame and tittle V\of the )o FfficJ / "l It 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/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J § -lHHi3j 4jyi"l4;@5By' (-fiL COMM. #2372463 z 8% Notary Publi.c - California o" WITNESS my hand and official seal. acSan. ii; 8u,oun3 z=-? signature!W4(4 (Seal) If l; l' Is s Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document _ ___-',."..,:'...,__'j_ji'k'jKy'l0iig0jtlj;17'XaiiP)_tQ);); '..""2__ ______""'.='. Method of Signer Identification ProLVedm(s)eoofnid'ehneti:caaSt:Sonofs0a"Sc:aeCd'iobrleyweVitndeesns(Cees) Notarial event is detailed in notary joumal on: Page # ( Entry # _SL xot--y-ontaThaefas5AaUkVsxn Other E=------------- a=-=- I I The preceding Certificate of Acknqwledgment is attached to a document The signer(s) capacity or authority is/are as: jno::"ideuya-:(n:act 0 Corporate Officer(s) Guardian/Consetvatot € Partner-Limited/General Ttustee(s) Other: D Copynght 2007-2018 Notary Rotary, PO BOX 41400, Dei Moines. IA 503N-0507 All Rights Reierved Item N umber l 0 1772 Please contact your Au thorized Reielle+ to purcliaie copies o( this Toim 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 attaclied, and not the truthfulness, accuracy, or validity of that document. State of Califori'iia Countyof SantaClara J On Augusi 2- 2022 before me, K'slen SquarC'a , NOiarY PLlbl!C, II !personallyappeared Matt Morley (Hereinsertnaineandtitleoftheofficer) - ,' l.'l who proved to me on the basis of satisfactory evidence to be the person% whose name% _is/are subscribed to the within instniment and acknowledged to me that _he/she/they executed the same in __his/her/their authorized capacity(-, and that by his/her/their signature@ on the instrument the person(-s), or the entity upon behalf of which the person% acted, executed the instrument. I certify under PENALTY OF PERJ[_JRY under the laws of the State of California that the foregoing paragraph is true and correct. ,,,ESS,handandOfflcialseal, i*J,"c'c'ffi,i,%q,i&;:S2-i ,.,,.,,,..,,. f ' , - - -_ 11 'I U k(l l J a C a I ) l Signature of Notaiy Public ti H b I If Y ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any aclrnouiled(pnent completed in California must contain verbiage exactly as DESCRIPTION OF TaHE ATTACHED DOCUMENT appears above in the notary section or a separate aclcnowledgrnent.form must be properly completed and attached to that document. The on1y exception is ij' a document is to be recorded outside of California. fn such instances, any alternative (Title or descniph'on ofattached documeno aCKnOWleaglnen[ VerDlage aS mail De prln[ea On SuCn a aOCument SO rang aS the verbiage does not require the notary to do sornething that is illegal for a notary in California (r.e. cerh:fying the authorized capacity of the signer). Please checlc the (Title or descriph'on of attached document conhn' ued) aOCumen[ Care,fillJJOr proper nOtarlak WOralng ana attaCn tnlS farm i7 requVe(1. * State and County infonnation inust be the State and County where the docuinent Number of Pages - Documen' Dafe signer(s) personally appeared before the notary public for acknowledgment. * Date of notanzation must be the date that the signer(s) personally appeared which must also be the same date the acknowledginent is coinpleted. (Additional it@lBatiOn) @ The notary publiC must prmt hiS Or her nine aS it appears Within hiS Or her cominission followed by a coiiuna and then your title (notary public). ii Pit the name(s) of docuinent signer(s) who personally appear at the tiine of notanzation. CAJ' ACITY CI-AJD BY T SIGNIF-R " d'cafe 'e co"ec' s"g"" o' Pl"a' fO"'s by crossing off incorrect fonns (i.e. € Individual (s) he/she&y- is /aps ) or circling the correct fonns. Failure to correctly indicate thisinfonnation may lead to rejection of document recording. [] Corporate Officer * The notary seal iinpression must be clear and photographically reproducible. Impression must not cover text or lines. If seal iinpression smudges, re-seal if a (Title) sufficient area pennits, otherwise complete a different acknowledgment fonn. € Partner(s) ii Signature of the notary public must match the signature on file with the office of the county clerk. € AttOrney-m-Fact *> Additional information is not required but could help to enSllI'e this 0 Trustee(s) acknowledgment is not misused or attached to a different docu+nent. @ Other o> Indicate title or type of attached document, nu+nber of pages and date. 9 ln(11cafe fne capaCly claune(l DY ffie signeri rt the clauned capacity IS a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). * Securely attach this docuinent to the signed docuinent C 2004-2015 PioLink Signing Service, Inc - All Rightt Reterved iiqvw ThePtoLink com - Natiomvide Notary Serirce