24-138 Maintenance Agreement 21301 Point Reyes Terrace, Cupertino, CA 95014 APN 326-27-049- I
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
I/VITH GOV. CODE 27383
25716858
Regina Qlcomendras
Sarita Clara Courity - Clerk-Recorder
le/24/2el24 e2 : 4el Prl
Titles: 1 Pages : 8
Fees : $O. €hO
Taxes : %O
Total : $G5J2N21
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MAINTENANCE AGREEMENT
21301 Point Reyes Terrace, Cupertino, CA 95014
APN 326-27-049
0 0riginal
0 Conformed Copy
RECORDED AT THE REQUEST OF
And
WHEN RECORDED RETURN TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
SPACE ABOVE FOR RECORDER'S USE ONLY
MAINTENANCE AGREEMENT
21301 Point Reyes Terrace, Cupertino, CA 95014
APN: 326-27-049
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into tliis 10r"
day ofS 20 ,24 between Cupertino Pacific Associates, a California Limited Partnersliip
("Declarant"), and tlie City of Cupertino ("City").
RECIT ALS:
The following recitals are a substantive portion of this Agreement:
A. Tl'ie real property and improvements tliat comprise the Westport Senior Aparhnent
Building #2 Project, ("tlie Building #2 Project") located on Parcel C, as sliown and so designated
on tliat certain map entitled "Tract No. 10579" filed for record on November 18, 2021 in Book
943 of Maps at Pages 36 tlirougli 43, Santa Clara County Records, witliin tlie City of Cupertino
("City"), County of Santa Clara, State of Califomia.
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 Building #2 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 Stevens Creek Blvd and Mary Ave in front of the
Building #2 Project, and to establish certain criteria and procedtires for the accomplishment of
maintenance, repair and replacement.
NOW, THEREFORE the parties hereto agree as follows:
1. Covenants Running witli tlie Land; Property Subiect to Agreement: All of the real
property described in Exhibit "A" shall be subject to this Agreement. It is intended that the
provisions of tliis Agreement shall run with tl'ie land and sliall be binding on all parties liaving or
acquiring any right, title or interest in the real property described in Exhibit "A" or any portion
and sl'iall be for the benefit of eacli owner of any of tlie parcels or any portion of the property and
shall inure to tlie benefit of and be binding upon eacli successor in interest of the owners. Eacli
of the limitations, easemeiits, obligations, covenants, conditions, and restrictions contained lierein
shall be deemed to be, and sliall be construed as equitable servitudes, enforceable by any of the
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owners of any of tlie property subject to tliis Agreement agamst any otlier Owner, tenant or
occupant of tlie property, or any portion.
2. Responsibility for Cost of Repair, Replacement and Maintenance: Declarai'it, 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, street trees, pavers, irrigation, and
landscaping located on tlie portion of tl'ie City's property tliat abuts and fronts tlie Building #2
Project ("the Frontage Area of tlie Project") along Stevens Creek Blvd to back of curb line,
excepting tlierefrom tlie standard public sidewalk abutting tlie property line of tlie Building #2
Project wliicli sliall remain the maintenance responsibility of tlie City.
3. Definitions of Repair, Replacement and Maintenance: Tlie repair, replacement and
maintenance to be undertaken and perfori'ned under tliis Agreement sliall include all work
necessary to maintain tlie Frontage Area of tlie Project described in paragrapli 2 in excellent, like
new and useable condition under all weather conditions. The Frontage Area of tlie Project sliall
be maintained to tlie standards, specifications and condition to wliicli, at a minimum, tliey were
originally constnicted as evidenced by plans and specifications on file witli tlie City of Cupertino
and/or provided to the Declarant. The improvements shall be maintained to a high standard that
is comparable to otl'ier improvements at similar liigli-quality developments in tlie City and along
Stevens Creek Boulevard. To accomplisli tlie maintenance, Declarant shall either provide
licensed, qualified personnel to perforin the maintenance work or contract witli licensed, qualified
companies for this, and any other items necessary to comply with the requirements of this
Agreement.
4. Decisions Regarding Perfoririance of tl'iis Agreement: All decisions regarding tlie need
for maintenance, tlie implementation, the removal, and any particular otlier matters relating to tlie
Frontage Area of tlie Project sliall be deteri'nined by tlie City.
5. To the fullest extent allowed by law, Declarant sliall indemnify and liold
harzriless CITY, its City Council, boards and coininissions, officers, officials, agents, employees,
servants, consultants and volunteers (liereinafter, "Indemnitees") from and agaiiist 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, or liability for
other claims, stop notices, demands, causes of actions and actions, arising out of or in any way
pertait'iing 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, or from negligent acts or omissions or willful misconduct of
Declarant, its agents, employees, contractors, or subcontractors. Declarant shall, at his/her own
cost and expense, defend any and all claims, actions, suits or legal proceedings that may be
brought against the City or any of the Indemnitees (with council acceptable to City) in connection
with this Agreement or arising out of Declarant's performance or nonperformance of his/her
duties and obligations liereunder, except to the extent any of the foregoing is caused by the
negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent
contractors
6. Insurance Requirements: Declarant sliall not commence work under this Agreemeiit 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 sliall maintain Compreliensive General Liability in an
amount of not less than $1,000,000.00
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7. Attori'iey's Fees: In tlie event tliat any party institutes legal action or arbitration against
the other to interpret or enforce tliis Agreement, or to obtain damages for any alleged breach, tlie
prevailing party in the action or arbitration sliall be entitled to reasonable attorneys' or arbitrators'
fees in addition to all otlier recoverable costs, expenses and damages.
8. Furtlier Documents: The parties covenant and agree that tliey sliall execute furtlier
docut'nents and instructions as sliall be necessary to fully effectuate the terins and provisions of
this Agreement.
9. Entire Agreement: This Agreement constitutes tlie entire agreement of tlie parties witli
respect to tlie subject matter contained lierein and supersedes all prior agreements, wlietl'ier
written or oral. There are no representations, agreements, arrangements or undertakings, oral or
written, which are not fully expressed herein.
10. In the event any part or provision of tliis Agreement sliall be determined to
be invalid or unenforceable under the laws of the State of California, tlie remaining portions of
tliis Agreement wliicli can be separated from tlie invalid, uienforceable provisions shall,
iievertlieless, coiitinue 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 tliat tliis Agreement sliall be recorded and shall be executed
and acla'iowledged in proper recordable forin.
13. Binding on Successors: This Agreement shall be binding on the successors or assigns of
Declarant. The obligatiot'is of Declarant hereunder run witli tlie land for tlie benefit of tlie City.
Upon a transfer or conveyance of the ownership interest, or any portion tliereof, in any or all of
tlie Building #2 Project to a successor or assign, including a Homeowner Association, tlie
Declarant is released from tlie obligations hereunder arising from and after sucl'i transfer, and the
successor or assign assumes the obligations hereunder arising from and after such transfer.
Declarant sliall notify tlie City in writing of the identity, address and contact inforination of any
such successor or assign of the Declarant.
14. Amendi'nent: This Agreement may be amended in wl'iole or in part oxily by mutual
written agreement. Any amendment shall 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 documents, the most recently duly executed and recorded
amendment sliall be controlling.
SIGNATURESON FOLLOWING PAGE(S)
3
Executed tlie day and year first above written.
DECLARANT:
Cupertino Pacific Associates,
a California limited partnership
BY:
Name: CAtp(5 €oaF"(E
Title: GE:AifJlAC FA4!-TAiEJZ.
(notary acknowledgement attached)
Name: CA!4!) /'?gStC7'
Title: DtL((riA of ysBut is-trlL-5
(notary acknowledgement attached)
ApproveJForilZ
Christop D. J
City Attor'ney
EXHIBIT 'A'
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL C, AS SHOWN ON THAT CERT AIN MAP ENTITLED "TRACT N0. 10579" FILED
FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, ON NOVEMBER 18, 2021, IN BOOK 943 0F MAPS,
PAGES 36 THROUGH 43.
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%-11' 'j'l jtlila-r U_[lI 01g _D_[l l 11' lfl l X2i l' /'tlll)! %J YY lyllLTlYllN lI i
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 l
Countyof Ak
On ql'v A beforeme, [d< Cgb(,(- ,NotaryPublic,
(Here insert name and title of the officer)
personallyappeared Cicl!i(:p W ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instnument 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 instnument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instnxment.
tdy>
I certify under PENALTY OF PERJURY under the laws of the State of ffi that the foregoing paragraph
is tnue and correct.
KATOE CALLEN
WITNESS myiand and official seal. COMM[SS[ON 085899,/ 777 NOTAR'i/PUBL!C
l/ ./ / 7 STATE OF to*io
K /"1/14 (NotarySeal) t'*COMM!SSION EJ'-P!FIES
Signahire of Nottlry {N
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ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
An)i acknowledgment completed in California nmst contain verbiage exactl)i as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notaiy section or a separate acknowledgment fom must be
properly conypleted and attached to that document. The only exception is if a
document is to be iecorded outside of California. In such instances, any alternative
(Title or description of a,adled docu,llent) aCKnOWleagnlelu WTTllage aS nla)) De prlll[ea On SuCn a aOCument SO tang aS the
verbiage does not require the notary to do something tliat is illegal for a notaiy in
California (i.e. certifying the authorized capacity of the signei). Please check the
(Title or description of attached doculllent continued) aOC{lmell[ CareJllllJJOrprOpel' 110tarlal W(NY[lng aria attaC/l tnls70r)11 g requlred.
* State and County information must be the State and County where the document
NumberofPages- Doc""'en'Da'e signer(s)personallyappearedbeforethenotarypublicforacknowledgment.
ii Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) * The notary public must print his or her name as it appears within his or her
commission followed by a comma and then yorir title (notary public).
* Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER ' IndiCate the COITeCt Singular Or Plural FARMS bY CrOSSing Off inCOffeCt FARMS (i-e-
a Individual (s) hs/sheAheyy-, is /as )or circling the correct forms. Faihire to correctly indicate thisinfomation may lead to rejection of document recording.
0 Corporate Officer * The notary seal impression mrist be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
€ Pa rtner(s) @ Signature of the notary public must match the signahire on file with the office of
the county clerk.
€ Attorney-m-Fact + Additional infonnation is not required but could lielp to endure this
[lTnustee(s) acknowledgmentisnotmisusedorattachedtoadifferentdocument.
@ Other /** Indicate title Or type of attached document, number of pages and date.
- <* lnalCate tne CapaClt)/ Clalnle(l 5Y tile Slgner. it tlle clatmed capacit)i 18 a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
* Securely attacli this document to the signed document
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' 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
I County of Santa Clara
II -
i @nOctoberlO,2024BeBre,,,e,LaLlrenSaf)Lldar ,NotaryPublic,
Ii (Here insert name and title of the officer)
'. personally appeared Chad Mosle')'
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: who proved-tl me on the basis of satisfactory evidence to be the) whose 9(s)(i'm/are subscribed to
the within instniment and acknowledged to me that@she/they executed the same in ffl/her/their authorized
9(ies),anathatby@her/theirsi4___ (s)ontheinstrumentthe8(s),ortheentityuponbehalfof
which the pd) 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.
is a"E'A"atWITNE%i my hand and official seal. Notary Public - Caiifornla ,
// SantaClaraCountv I' (7s,/ (" ) I commissiont;i<ogiii -
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ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUA4ENT appears above in the notary section or a separate acknowtedgmem form must be
properly completed and attached to that document. The only excepaon is ij' a
document is to be recorded outside of California. In such instances, any alternative
(Title or desc,ph.on ofattached docuinent) aClrnOWleagmen[ Vel'Dlage aS mail De pl'lntea On SuCn a aOCument SO tang aS the
verbiage does not require the notary to do something that is illegal for a notary in
Cal4fornia (i.e. certifying the authorized capacity of the signer). Please checlc the
I
(Title or description of attached document cont+n' ued) aOCumen[ CareJullJJOr proper nO[arlal WOralng ana attaCn tnlS farm IJ requVe(t.
ii State and Coiuity information must be the State and County where the docuinent
Number of Pages - Documen' Da'e 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 acknowledginent is completed.
(Additional infoi'ination) h The notary public must pit his or her name as it appears within his or her
cominission followed by a coinina and then your title (notary public).
ii pit the name(s) of document signer(s) who personally appear at the tiine of
notarization.
CAPACI'IY CLAIMED BY THE SIGNER o Indicate the correct singular or plural fonns by crossing off incorrect fonns (ie.
alndividual(s) be/sheAhey7-is/as)orcirclingthecorrectfonns.Failuretocorrectlyindicatethisinformation may lead to rejection of docuinent recording.
[] Corporate Officer * The notaiy seal impression must be clear and photogi'aphically reproducible.
hnpression must not cover text or lines. If seal iinpression smudges, re-seal if a
(Title) sufficient area pennits, othenvise coinplete a different acknowledg+nent fonn.
€ Partner(s) ii Signature of the notary public must match the signahire On file with the office of
the county clerk.
€ Attomey-in-Fact *:* Additional information is not required but could help to enSlu'e this
[:lTrustee(s) acknowledgmentisnotmisusedorattachedtoadifferentdocunient.
@ Other o> Indicate title or type of attached docuinent, nuinber of pages and date.
- *? lnaicate tne capacity clauned tiy the signer. lt the clauned capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretaiy).
ii Securely attach this document to the signed docuineiit
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