25-061 Stormwater Maintenance Facilities Operation, Maintenance and Easement Agreement, 10070, 10072, 10074, 10076, 10078, 10080 & 10082 Bianchi Way, APN 359-07-021RECORDING 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
25798343
Regina Alcomendras
Santa Clara County - Clerk -Recorder
04/25/2025 03:50 PM
Titles: I Pages: 23
Fees: 0.00
Taxes: 0
Total: 10.00
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
STORMWATER MANAGEMENT FACILITIES OPERATION,
MAINTENANCE AND EASEMENT AGREEMENT''
10070, 10072, 10074, 10076, 10078, 10080 & 10082 Bianchi Way
Cupertino, CA 95014
APN 359-07-021
• Original
• Conformed. Copy
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Clerk's Office
10300 Torre Avenue
Cupertino, CA 95014-3202
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §6103
Space above this line for Recorder's use.
STORMWATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE AND EASEMENT AGREEMENT
10070, 10072, 10074, 10076, 10078, 10080 & 10082 Bianchi Way, Cupertino, CA 95014
APN 359-07-021
This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE
AND EASEMENT AGREEMENT ("Agreement") is made and entered into this 21S�day of
Apr; i , 20 2.5, by Bianchi Way LLC, a California limited liability company
("Covenantor") and the City of Cupertino, 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 forth in the City's Stormwater Pollution Prevention and Watershed
Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as currently in effect and
as it may hereafter be amended, the "Ordinance").
B. The Covenantor is the owner of a certain tract or parcel of land designated as APN 359-
07-021 and more particularly described in Exhibit A attached hereto ("Property").
C. The Covenantor desires to construct certain improvements on the Property that may alter
existing stormwater conditions on both the Property 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, stormwater management and trash capture facilities ("Facilities") as
more particularly described and shown in the Stormwater Management Plan prepared by Luk
and Associates and dated February 7, 2025, which plan, together with any and all amendments,
including future amendments, thereto (collectively, the "SWMP"), are on file with the Public
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Works Department 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 construed 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 annual 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 1 st 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.
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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, access and
maintenance easement ("Easement") over the Facilities as depicted and described in Exhibit B
attached hereto and incorporated herein ("Stormwater Facilities Area") for the purpose of
permitting the City, and its employees, agents, contractors, consultants, to inspect, monitor,
maintain, repair and replace the Facilities. Covenantor grants to the City the nonexclusive right
of ingress and egress to the Stormwater Facilities Area, from the existing streets adjoining the
Property, over the existing drives, walkways and parking areas located on the Property, for
purposes connected with any right under this Agreement or the performance of any obligations
required by this Agreement.
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 Stormwater Facilities 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 Stormwater Facilities Area, nor shall
Covenantor fill or excavate within the Stormwater Facilities 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 Stormwater Facilities Area for the purposes of
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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 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. To the fullest extent allowed by law, Covenantor shall indemnify and hold
harmless CITY, its City Council, boards and commissions, officers, officials, agents, employees,
servants, consultants and volunteers (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, or liability for
other claims, stop notices, demands, causes of actions and actions, arising out of or in any way
related to the ownership, operation, use of the area, maintenance, or failure to maintain, the
Facilities, or the Covenantor's performance or nonperformance of his/her duties under this
Agreement, or from negligent acts or omissions or willful misconduct of Covenantor, its agents,
employees, contractors, or subcontractors. Covenantor 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 Covenantor's performance or nonperformance of his/her duties and
obligations hereunder, 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.
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, transferor 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.
10. 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
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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
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:
Bianchi Way LLC
43625 Mission Blvd, #207
Fremont, CA 94539
Attention: Leon Hu
510-647-5550, leonhu2000@,,vahoo.com
12.2 Attorneys' Fees. In the event that either Parry institutes legal action or arbitration
against the other to interpret or enforce this Agreement, or to obtain damages for any alleged
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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.
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.
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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
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 Stormwater Facilities Area free and clear of any related
mechanics' liens.
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.
12.14 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 ONFOLL0WING PAGES)
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
COVENANTOR:
Bianchi Wa LL , a California limited liability company
By:
Name: ED
Title: Q W %L aR ( I ALWW I jpj q c,)
(Notary acknowledgment to be attached)
CITY:
CITY OF CUPERT�O, a municipal corporation
Name:
Title: J/fIM(oiO c' /' laugLic "'o/L/(S
(Notary acknowledgment to be attached)
ATTEST:
o �
Kirsten Squarcia, City Cl
APPROVED AS TO FORM:
M-(11NAlii VV-:O fV1
M!
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 LAMEDA
On MARCH 29, 2025 before me, HERMAN CHIANG Notary Public,
(here insert name and title of the officer)
personally appeared LCUIV nu
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.
WITNESS my hand and official seal.
Signature
*my
HERMAN CHIANG
Notary Public - California
Alameda County
Commission # 2440534
Comm. Expires Mar 26, 2027
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
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which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On April 21, 2025
before nie, Lauren Sapudar , Notary Public,
(Here insert name and title of the officer)
personally appeared Chad Mosley
who proved to me on the basis of satisfactory evidence to be the r 1 s) whose a�b(s)j$/are subscribed to
the within instrument and acknowledged to me thatdiBYshe/they executed the same in Qt /her/their authorized
apa (ies), and that bye her/their si na e(s) on the instrument the rs s), or the entity upon behalf of
which the rs (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.
WITNE my hand and official seal.
i a e of Notary Public
*my
LAUREN SAPUDAR
Notary Public • California
Santa Clara CountyCommission N 2409321
Comm, Expires Jun 28, 2026
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
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(Title)
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❑ Trustee(s)
❑ Other
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Exhibit A
PROPERTY
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 359-07-021
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL A AS SHOWN ON THAT CERTAIN
MAP ENTITLED "RECORD OF SURVEY OF PTN. NORTHWEST 1/4 SECTION 13, TOWNSHIP 7 SOUTH,
RANGE 2 WEST, CITY OF CUPERTINO, CALIFORNIA", WHICH MAP WAS FILED FOR RECORD IN THE
OFFICE OF THE RECORDER IN BOOK 154 OF MAPS, AT PAGE 55 ON DECEMBER 3, 1962; THENCE
SOUTH 0° 03' 40" EAST 50 FEET, TO THE TRUE POINT OF BEGINNING, WHICH POINT IS ALSO THE
MOST SOUTHWEST CORNER OF THE ANTHONY F.F. CAIRES AND CECELIA P.B. CAIRES, DEED AS
RECORDED SEPTEMBER 13, 1963 IN BOOK 6189 OF OFFICIAL RECORDS, PAGE 49, SANTA CLARA
COUNTY RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID CAIRES PROPERTY,
179.95 FEET TO THE MOST SOUTHEASTERLY CORNER; THENCE SOUTHERLY ALONG THE
PROLONGATION TO THE MOST EASTERLY LINE OF SAID CAIRES PROPERTY 107 FEET, MORE OR
LESS, SAID POINT ALSO BEING THE PROLONGATION OF THE MOST SOUTHERLY LINE OF SAID
PARCEL "A" AND A POINT ON THE WESTERLY LINE OF THAT CERTAIN 19.829 ACRE TRACT OF LAND
DESCRIBED IN THE DEED FROM ARCHIBALD WILSON, AS EXECUTOR OF THE ESTATE OF ALEXANDER
MONTGOMERY, DECEASED, TO PAULINE S. WILSON, DATED JUNE 10, 1927 AND RECORDED JUNE 13,
1927 IN BOOK 324 OF OFFICIAL RECORDS, PAGE 408, SANTA CLARA COUNTY RECORDS; THENCE
WESTERLY ALONG SAID PROLONGATION OF PARCEL "A" 179.95 FEET MORE OR LESS, THE MOST
SOUTHEASTERLY CORNER OF SAID PARCEL "A"; THENCE NORTH 0° 03' 40" WEST 107 FEET, MORE OR
LESS, ALONG THE MOST EASTERLY LINE OF PARCEL "A" TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE WESTERLY 40 FEET THEREOF, AS DESCRIBED IN THAT FINAL ORDER
OF CONDEMNATION RECORDED AUGUST 6, 1986 IN BOOK J795 OF OFFICIAL RECORDS, PAGE 1476,
AND JULY 9, 1987 IN BOOK K217 PAGE 161 OF OFFICIAL RECORDS.
Exhibit B
STORNIWATER FACILITIES AREA
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Exhibit C
FORM OF MAINTENANCE INSPECTION REPORT
Flow -Through Planter Maintenance Plan for
10046 Bianchi Way, Cupertino, CA
November 11, 2024
Project Address and Cross Streets: 10046 Bianchi Wav and Stevens Creek Blvd
Assessor's Parcel No.: 359-07-021
Property Owner: Bianchi Way LLC Phone No.: (510) 467-5550
Designated Contact: Leon Hu Phone No.:_(510) 467-5550
Mailing Address: 43625 Mission Blvd. #207 Fremont CA 94539
The property contains 8 Flow -Through Planter(s), located as described below and as
shown in the attached site plan'.
Flow -Through Planter A#1 is a raised planter located along east exterior face of the northmost building of 4 buildings
along the east property line
Flow -Through Planter A#2 is a raised planter located along east exterior face of the north mid buildings of 4 buildings
along the east property line
Flow -Through Planter A#3 is a raised planter located along east exterior face of the south mid buildings of 4 buildings
along the east property line
Flow -Through Planter A#4 is a raised planter located along east exterior face of the southmost building of 4 buildings
along the east property line
Flow -Through Planter A#5 is a at -grade bioretention area at southeast corner of the site stretching along the south
property line
Flow -Through Planter 13#1 is a raised planter located along west exterior face of the northmost building of 3 buildings
along Bianchi Way frontage
Flow -Through Planter 13#2 is a raised planter located along west exterior face of the mid building of 3 buildings along
Bianchi Way frontage
Flow -Through Planter 13#3 is a raised planter located along west exterior face of the southmost building of 3 buildings
along Bianchi Way frontage
I. Routine Maintenance Activities
The principal maintenance objectives are to ensure that water flows unimpeded into the
flow -through planter and landscaping remains attractive in appearance. Table 1 shows the
routine maintenance activities, and the frequency at which they will be conducted.
Table 1
Routine Maintenance Activities for Flow -Through Planters
No.
Maintenance Task
Frequency of Task
1
Inspect the planter surface area, inlets and outlets for obstructions and trash;
Quarterly
clear any obstructions and remove trash.
2
Inspect planter for standing water. If standing water does not drain within 2-
Quarterly
3 days, the surface biotreatment soil should be tilled or replaced with the
approved soil mix and replanted. Use the cleanout riser to clear any
underdrains of obstructions or clogging material.
3
Check for eroded or settled biotreatment soil media. Level soil with rake and
Quarterly
remove/replant vegetation as necessary.
4
Maintain the vegetation and irrigation system. Prune and weed to keep flow-
Quarterly
through planter neat and orderly in appearance.
5
Evaluate health and density of vegetation. Remove and replace all dead
Annually, before the rainy
and diseased vegetation. Remove excessive growth of plants that are too
season begins
close together.
6
Use compost and other natural soil amendments and fertilizers instead of
Annually, before the rainy
synthetic fertilizers, especially if the system uses an underdrain.
season begins
' Attached site plan must match the site plan exhibit to Maintenance Agreement.
Page 1
Flow -Through Planter Maintenance Plan Date of Inspection:_
Property Address: 10046 Bianchi Way, Cupertino, CA 95014 Treatment Measure No.:
7
Inspect the overflow pipe to make sure that it can safely convey excess flows
Annually, before the rainy
to a storm drain. Repair or replace any damaged or disconnected piping.
season begins
Use the cleanout riser to clear underdrains of obstructions or clogging
material.
8
Inspect the energy dissipator at the inlet to ensure it is functioning
Annually, before the rainy
adequately, and that there is no scour of the surface mulch. Remove any
season begins
accumulation of sediment.
9
Inspect and, if needed, replace wood mulch. It is recommended that 2" to 3"
Annually, before the rainy
of composted arbor mulch be applied once a year.
season begins
10
Inspect system for erosion of biotreatment soil media, loss of mulch,
Annually at the end of the rainy
standing water, clogged overflows, weeds, trash and dead plants. If using
season and/or after large storm
rock mulch, check for 3" of coverage.
events,
11
Inspect system for structural integrity of walls, flow spreaders, energy
Annually at the end of the rainy
dissipators, curb cuts, outlets and flow splitters.
season and/or after large storm
events,
II. Use of Pesticides
Do not use pesticides or other chemical applications to treat diseased plants, control weeds or
removed unwanted growth. Employ non -chemical controls (biological, physical and cultural
controls) to treat a pest problem. Prune plants properly and at the appropriate time of year. Provide
adequate irrigation for landscape plants. Do not over water.
III. 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 Vector
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 contractor. 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.sccqov.org/portal/site/vector
IV. Inspections
The attached Flow -Through Planter Inspection and Maintenance Checklist shall be used to
conduct inspections monthly (or as needed), identify needed maintenance, and record
maintenance that is conducted.
Page 2
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Pervious Paving Maintenance Plan for
10046 Bianchi Way, Cupertino, CA
November 11, 2024
Project Address and Cross Streets: 10046 Bianchi Way and Stevens Creek Blvd
Assessor's Parcel No.: 359-07-021
Property Owner: Bianchi Way LLC
Designated Contact: Leon Hu
Phone No.: (510) 467-5550
Phone No.: (510) 467-5550
Mailing Address: 43625 Mission Blvd., #207, Fremont, CA 94539
The property contains 5 pervious pavement areas, located as described below and as
shown in the attached site plan'.
■ Pervious Paving Area A#6 is located along the east and north property line
■ Pervious Paving Area A#7 is located along north exterior face of the northmost building at
Bianchi Way frontage
■ Pervious Paving Area A#8 is the pavement area connecting public sidewalk to the northmost
building at Bianchi Way frontage
■ Pervious Paving Area A#9 is the pavement area connecting public sidewalk to the mid
building at Bianchi Way frontage
■ Pervious Paving Area A#10 is the pavement area connecting public sidewalk to the
southmost building at Bianchi Way frontage
I. Routine Maintenance Activities
Types of pervious pavement include pervious concrete, porous asphalt, and permeable
interlocking concrete pavement (PICP), concrete grid pavers, and plastic reinforcement
grid pavers. The principal maintenance objective is to prevent sediment buildup and
clogging, which reduces infiltration capacity and pollutant removal efficiency. Routine
maintenance activities, and the frequency at which they will be conducted, are shown in
Table 1.
Table 1
Routine Maintenance Activities for Pervious Paving Areas
No.
Maintenance Task
Frequency of Task
1
Check for sediment and debris accumulation. Prevent soil from
Two to four times annually
washing or blowing onto the pavement. Do not store sand, soil, mulch
or other landscaping materials on pervious pavement surfaces.
2
Conduct preventative surface cleaning, using commercially available
Two to four times annually
regenerative air or vacuum sweepers, to remove sediment and
debris.
3
Inspect for any signs of pavement failure. Repair any surface
Two to four times annually
deformations or broken pavers. Replace missing joint filler in PICP.
4
Check for standing water on the pavement surface within 30 minutes
Two to four times annually
after a storm event.
5
Inspect underdrain outlets and cleanouts, preferably before the wet
Two to four times annually
season. Remove trash/debris.
6
Remove sediment and debris accumulation on pervious pavement.
Two to four times annually
7
Remove weeds. Mow vegetation in grid pavements (such as turf
As needed
block) as needed.
1 Attached site plan must match the site plan exhibit to Maintenance Agreement.
Page 1
Pervious Pavement Maintenance Plan Date of Inspection:
Property Address: 10046 Bianchi Way, Cupertino, CA 95014 Treatment Measure No.:
Table 1
Routine Maintenance Activities for Pervious Paving Areas
No.
Maintenance Task
Frequency of Task
8
Perform restorative surface cleaning with a vacuum sweeper, and/or
As needed
reconstruction of part of the pervious surface to restore surface
permeability as needed. Replenish aggregate in PICP joints or grids
as needed after restorative surface cleaning.
9
Power washing with simultaneous vacuuming also can be used to
As needed
restore surface infiltration to highly clogged areas of pervious
concrete, porous asphalt or PICP, but is not recommended for grid
pavements.
10 1
Inspect pervious paving area using the attached inspection checklist.
Quarterly or as needed
Page 2
Pervious Pavement Maintenance Plan Date of Inspection:
Property Address: 10046 Bianchi Way, Cupertino, CA 95014 Treatment Measure No.:
II. Use of Pesticides
Do not use pesticides or other chemical applications to control weeds or unwanted growth
near pavement or between pavers.
III. 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 Vector
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 contractor. 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.sccqov.org/portal/site/vector
IV. Inspections
The attached Pervious Pavement Inspection and Maintenance Checklist shall be used to
conduct inspections monthly (or as needed), identify needed maintenance, and record
maintenance that is conducted.
Page 3
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