15-209 Cupertino Property Development_Amendment #1 to Affordable Housing Covenant & Restictions on Sale PriceRECORDING 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
25866556
Louis Chiaramonte
Santa Clara County - Clerk -Recorder
09/09/2025 10:12 AM
CONFORMED COPY
Copy of document recorded.
Has not been compared with original.
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
FIRST AMENDMENT TO AFFORDABLE HOUSING COVENANT
AND RESTRICTIONS ON SALE PRICE
19800 Vallco Parkway Cupertino, CA 95014
APN: 316-52-001 through 205
! Original
O Conformed Copy
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
NAME City of Cupertino
ADDRESS 10300 Torre Ave
CITY Cupertino
STATE & ZIP CA 95014
APNs 316-52-001 through 205 (Space Above This Line for Recorder's Office Use Only)
(Exempt from Recording Fee per Gov. Code §6103)
FIRST AMENDMENT TO AFFORDABLE HOUSING COVENANT
AND RESTRICTIONS ON SALE PRICE
This FIRST AMENDMENT TO AFFORDABLE HOUSING COVENANT AND RESTRICTIONS ON
SALE PRICE ("Amendment") is entered into as of 9/y , 2025 by and between the CITY OF
CUPERTINO, a municipal corporation ("City") and CUPERTINO PROPERTY DEVELOPMENT I, LLC,
a California limited liability company ("Developer").
RECITALS:
A. Developer owns that certain real property located at 19800 Vallco Parkway, in the City of Cupertino
("City"), County of Santa Clara, State of California (APNs 316-52-001 through 205) ("Property").
B. The Property is subject to that certain Affordable Housing Covenant and Restriction on Sale Price
between the parties dated March 17, 2015 and recorded on April 10, 015 as Instrument No.
22913410 in the County of Santa Clara's official records ("Covenant Agreement").
C. The Covenant Agreement was recorded by that Certain Performance Deed of Trust dated March
17, 2015 and recorded on April 10, 2015 as Instrument No. 22913411 in the County of Santa
Clara's official records ("Deed of Trust").
D. The parties have mutually agreed the Deed of Trust should be reconveyed and that the Covenant
Agreement will no longer be secured by the Deed of Trust.
NOW, THEREFORE, incorporating the foregoing recitals, in consideration of the mutual
covenants and agreements set forth below, City and Developer hereby amend the Covenant
Agreement and agree as follows:
AGREEMENT
1. Defined Terms. All terms not specifically defined in this Amendment shall have the
meaning in the Covenant Agreement.
2. Amendment. The Covenant Agreement is amended to delete all references to the
Deed of Trust and to confirm that the Covenant Agreement is no longer secured by the Deed of Trust.
3. Reaffirmation of Covenant Agreement. Except as amended by this Amendment, the
01276.0013 2034683.1
Covenant Agreement is hereby reaffirmed, ratified and confirmed in its entirety. If there is any conflict,
inconsistency or ambiguity between the Covenant Agreement and this Amendment, then this
Amendment shall govern and control.
4. Entire Agreement. The Covenant Agreement as amended by this Amendment
constitutes the entire agreement and supersedes any prior written or oral agreements between the
parties with respect to the specific matters addressed herein.
5. Construction. This Amendment shall be construed according to its fair meaning as if
prepared by both parties to this Amendment.
6. Counterpart Execution. This Amendment may be executed in any number of
counterparts, each of which shall be deemed an original but all of which shall be deemed but one and
the same instrument.
IN WITNESS WHEREOF, this Amendment has been executed by City and Developer as of the
date specified above.
DEVELOPER:
CITY:
CUPERTINO PROPERTY DEVELOPMENT I, LLC, CITY OF CUPERTINO,
a California limited liability company a municipal corporation
By: Monterosso LLC, a California limited liability
company
Manager
By:
Annie M. H. Chan
Member
01276.0013 2034683.1
By:
Tina Kapoor, Interim City Manager
ATTEST:
Kristen Squarcia, MMC, City Clerk
APPROVED AS TO FORM:
ALESHIR W N ER, LLP
By:
F Andrews, City Attorney
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STATE OF C LIFOPA"° c)A
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COUNTY OF otJ L'1 L`1 )
On ` / 7 /_>t , 2025 before me, DOKI AN , a notary public,
personally appeared nn; e i'1, I -f . C a h 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.
Notary Public
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01276.0013 2034683.1
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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
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On See ^16 P ` before me,
personally appeared Tina Ka poor
Kirsten Squarcia
(Here insert name and title of the
Notary Public,
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
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which the person( -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.
Signse of Notary Public
*my
KIRSTEN SQUARCIA
Notary Public - CaliforniaSanta Clara County >
Commission k 2431589 Comm. Expires Dec 19, 20261r
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