HomeMy WebLinkAbout25-203 Pervious Pavement Maintenance Agreement and Access Easement for Stormwater Management for 20696 Hanford DriveRECORDING 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
25921085
Louis Chiaramonte
Santa Clara County - Clerk -Recorder
12/18/2025 03:29 PM
Titles: 2 Pages: 16
Fees: $0.00
Taxes: $0.00
$
Total: 0.00
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
PREVIOUS PAVEMENT MAINTENANCE AGREEMENT AND
ACCESS EASEMENT FOR STORMWATER MANAGEMENT
20696 Hanford Drive, Cupertino, CA
APN: 326-33-023
O Original
O Conformed Copy
RECORDED AT THE REQUEST OF
And
WHEN RECORDED RETURN TO:
City Engineer )
City of Cupertino )
10300 Torre Avenue )
Cupertino, CA 95014 )
The undersigned hereby declares this instrument)
to be exempt from Documentary Transfer Tax )
(CA Rev. & Tax Code §11922 and S.F. Bus. & )
Tax Reg Code § 1105) and recording fees per )
Government Code §27383 and §27388.1. )
APN: 326-33-023
SPACE ABOVE FOR RECORDER'S USE ONLY
PERVIOUS PAVEMENT MAINTENANCE AGREEMENT AND ACCESS EASEMENT
FOR STORMWATER MANAGEMENT
20696 Hanford Drive, Cupertino, CA 95014
APN 326-33-023
THIS PERVIOUS PAVEMENT MAINTENANCE AGREEMENT ("Agreement") is
made and entered into this2 day of isk .. 20 by 20696 Hanford LP, a limited
partnership, ("Developer"), and the City of Cupertino ("City"), each a "party" and collectively, the
"parties."
RECITALS
The following recitals are a substantive portion of this Agreement:
A. The improvements that comprise the 2 -lot single-family residential subdivision
development ("Project") is located at 20696 Hanford Drive in the City of Cupertino ("City"),
County of Santa Clara, State of California. Developer owns the Project.
B. The real property on which the Project is or will be built is described in Exhibit A
("Property"). Developer owns the Property ("Property").
C. City owns or holds easements for street purposes on property adjacent to the Project and
Property ("City Property"). The Property and the City Property shall be referred to collectively as
the "Properties."
D. Developer proposes to construct a pervious pavement system consisting of a permeable
pavement surface layer and one or more underlying aggregate layers, related stone drainage
systems ("Pervious Pavement") that collects stormwater through voids in the pavement surface and
stores water in the aggregate base reservoir to facilitate infiltration of stormwater into the soils
beneath the pavement. The area and design detail of the Pervious Pavement is shown in Exhibit B.
E. The purpose of this Agreement is to allocate the costs of inspection, maintenance, repair,
replacement, and removal of the Pervious Pavement and to establish criteria and procedures for
maintenance, repair, replacement, and removal of the Pervious Pavement.
NOW, THEREFORE the parties hereto agree as follows:
1. Developer's Responsibility for Maintenance, Repair, Replacement, and Removal of
Pervious Pavement. Developer shall, at its sole cost and expense, design, construct, maintain,
repair, replace, and remove the Pervious Pavement as required by the Pervious Pavement
Maintenance Plan set forth in Exhibit C, including, but not limited to, the requirements that
Developer maintain the Pervious Pavement (a) in excellent, like new condition, (b) useable under
all weather conditions, (c) in a condition that meets the standards, specifications, and conditions
required by City in the plans and specifications for the original construction of the Pervious
Pavement on file with the City, and (d) in accordance with all applicable laws and regulations,
including but not limited to City's Stormwater Pollution Prevention and Watershed Protection
Ordinance, Ordinance No. 1571.
2. Inspection and Maintenance Report. Developer shall conduct at least one inspection of the
Pervious Pavement between August 1st and September 30 each year and additional inspections as
necessary to comply with the Pervious Pavement Maintenance Plan. No later than October 15 of
each year, Developer shall submit to the City Public Works Director, or such other member of the
City staff as directed by the Public Works Director, an Inspection and Maintenance Report under
penalty of perjury and in the format required by Exhibit C or such other format as City may require
from time to time. The Inspection and Maintenance Report shall identify all inspection,
maintenance, repair, replacement, and removal tasks performed during the prior year and shall
verify that inspection, maintenance, repair, replacement, and removal of the Pervious Pavement has
been conducted as required by this Agreement.
3. Qualified Personnel. Developer shall provide licensed, qualified personnel to perform the
inspection, maintenance, repair, replacement, and removal of Pervious Pavement required by this
Agreement.
4. Modifications of Pervious Pavement. Developer shall promptly modify, including
maintain, repair, replace, and remove, the Pervious Pavement as the City Engineer may reasonably
determine to be necessary to ensure that the Pervious Pavement continues to operate as originally
designed and approved and in accordance with the Pervious Pavement Maintenance Plan.
Developer may modify the Pervious Pavement only with prior written authorization by the City
Engineer or his or her designee.
5. Grant of Easement and City's Inspections. Developer grants to City a nonexclusive access
and maintenance easement ("Easement") permitting City and its employees, agents, contractors,
and consultants the right of ingress and egress to the Pervious Pavement from the existing streets
adjoining the Property and over the existing drives, walkways, and parking areas located on the
Property to inspect the Pervious Pavement to ensure that Developer constructs and is maintaining
the Pervious Pavement in accordance with the Pervious Pavement Maintenance Plan. City may use
the Easement to inspect the Pervious Pavement at reasonable times and shall provide not less than
forty-eight (48) hours advance written notice to Developer of City's intent to use the Easement,
except that in a case of an immediate threat to public health and safety, no prior notice shall be
required. City's use of the Easement shall be reasonable as provided in the Cupertino Municipal
Code sections 9.18.190 and 9.18.200.
2
6. Indemnity. To the fullest extent allowed by law, Developer shall indemnify, hold harmless,
and defend (with counsel acceptable to City) City, its City Council, boards and commissions,
officers, officials, agents, employees, consultants, refuse and recycling contractors, subcontractors,
and volunteers (collectively, "Indemnitees") fromand 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 (collectively, "Claims"), arising out of or in any way pertaining to,
or related to Developer's performance of its obligations under this Agreement or the design,
construction, use, maintenance, repair, replacement, or removal of the Pervious Pavement by
Developer or Developer's employees, officers, agents or independent contractors, except to the
extent a Claim is caused by the active or gross negligence or willful misconduct of an Indemnitee.
Developer's obligation to defend Indemnitees from Claims shall accrue immediately upon the filing
of any litigation against Indemnitees and shall not be contingent on a final determination in the
litigation that Indemnitees are not liable for the Claims.
7. Successors and Assigns. This Agreement shall inure to the benefit of and bind the
respective successors and assigns of Developer and City. This Agreement is for the exclusive
benefit of the parties and not for the benefit of any other person and shall not be deemed to have
conferred any rights, express or implied, upon or duties to any other person.
8. Covenants Running with the Land. Each and all easements, covenants, conditions, and
restrictions set forth in this Agreement are for the mutual benefit of the Properties and every portion
of each thereof. Each and all of the easements, covenants, obligations, conditions, and restrictions
set forth in this Agreement touches and concerns and shall affect, relate to, and run with the land
of each of the Properties and every portion of each thereof, and shall apply to and bind the
respective successors of the owners of each of the Properties and every portion of each thereof, for
the benefit of each of the other Properties. Each and all of the easements, covenants, obligations,
conditions, and restrictions set forth in this Agreement are imposed on each portion of and interest
in each of the Properties as mutual equitable servitudes in favor of each and all other portions of
and interests in the Properties and constitute covenants running with the land under applicable law,
including, without limitation, Section 1468 of the Civil Code of the State of California.
9. Attorney's Fees. In the event that any party institutes legal action or arbitration against the
other to interpret or enforce this Agreement, or to obtain damages for any alleged breach, the
prevailing party in the action or arbitration shall be entitled to reasonable attorneys' or arbitrators'
fees in addition to all other recoverable costs, expenses, and damages.
10. Further Documents. The parties shall execute further documents and instructions as shall
be necessary to fully effectuate the terms and provisions of this Agreement.
11. Entire Agreement. This Agreement constitutes the entire agreement of the parties with
respect to the subject matter contained herein and supersedes all prior agreements, whether written
or oral. There are no representations, agreements, arrangements, or undertakings, oral or written,
which are not fully expressed herein.
12. 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 which can be separated from the invalid, unenforceable provisions shall, nevertheless,
continue in full force and effect.
3
13. No Waiver. The waiver of any covenant, condition, or provision contained herein shall not
be deemed to be a continuing waiver of the same or of any other covenant, condition, or provision
contained herein.
14. Recordation. This Agreement shall be recorded and shall be executed and acknowledged
in proper recordable form.
15. Amendment. This Agreement maybe amended in whole or in part only by mutual written
agreement of the parties. Any amendment shall be recorded in Santa Clara County, California. If
any conflict arises between the provisions of any such amendment and any of the provisions of any
earlier document or documents, the most recently duly executed and recorded amendment shall be
controlling.
16. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California. Developer and City agree that all actions or proceedings arising
directly or indirectly under this Agreement shall be litigated in courts located within the County of
Santa Clara, State of California, and Developer and City agree that any service of process in such
action or proceeding may be made by personal service upon the other wherever the other may then
be located, or by certified or registered mail directed to the party at the address set forth in this
Agreement.
17. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original, but any number of which, taken together, shall constitute
one and the same instrument.
18. Relationship of the Parties. The subject of this Agreement is a private development with
neither Party acting as the agent of the other party in any respect. None of the provisions in this
Agreement shall be deemed to render City a partner in Developer's business, or joint venturer, or
member in any joint enterprise with Developer.
19. Notices. A notice or communication under this Agreement by either party to the other shall
be sufficiently given or delivered if personally delivered or dispatched by registered or certified
mail, postage prepaid, return receipt requested or reputable overnight courier service and addressed
as follows:
To City. In the case of a notice or communication to City:
City Engineer
City of Cupertino
10300 Tone Ave.
Cupertino, CA 95014
To Developer. And in the case of a notice or communication sent to Developer:
Tracy Hsu
20696 Hanford LP
22330 Santa Paula Avenue
Cupertino, CA 95014
Executed the day and year first above written.
4
DEVELOPER:
20696 Hanford LP, a limited partnership
F�✓
Tracy Hsu, Eger
CITY OF CUPS TINO
1 (-
Chad Mosley
Director of Public Works & City Engineer
Date /Z/3/ 2 5
Approved as to Form
Michael Woo
Senior Assistant City Attorney
(notary acknowledgement attached)
(notary acknowledgement attached)
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
County of Santa Clara
On December 3, 2025 before me, 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 er o (s) whose (s i 5s are subscribed to
the within instrument and acknowledged to me thatDshe/they executed the same in Sher/their authorized
capty(ies), and that byG/her/their 1 re s) on the instrument the er s), or the entity upon behalf of
which the rso (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.
*my
LAUREN SAPUDAR
Notary Public • California
WITNE my h d and official seal. Z Santa Clara County
Commission # 2409321
Comm. Expires Jun 28, 2026
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(Title)
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❑ Other
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State of California
County of
On II / 2 f Zo i-S before me, /� t. S ,Notary Public,
(Here insert name and title of the officer)
personally appeared Ti (,y H s u..,
who proved to me on the basis of satisfactory evidence to be the person( whose names is/ar subscribed to
the within instrument and acknowledged to me that he she/they executed the same in irts/her/their authorized
capacity(ies), and that by his/her/fir signature(8n the instrument the person('s '-or the entity upon behalf of
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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.
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(Title)
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❑ Other
INSTRUCTIONS FOR COMPLETING TI-IIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
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EXHIBIT A
Property Description
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 326-33-023
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:
ALL OF LOT 174, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 783 GARDEN GATE VILLAGE
EDITION," WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, ON SEPTEMBER 6, 1950, IN BOOK 30 OF MAPS, AT. PAGES 30, 31, 32
AND 33.
EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS AS RESERVED IN THE DEED FROM JOHN F.
ALVES, ET UX, TO CALOR CONSTRUCTION CO., DATED AUGUST 10, 1950 IN BOOK 2033 OF OFFICIAL
RECORDS, PAGE 10.
Grant Deed Printed: 02.09.21 pa 09:39 PM
SCA0000129.docI Updated: 04.08.20 CA-LT-FLNP-D3410.200025-FLNP-0252002228
EXHIBIT B
Area and Design Detail of Pervious Pavement
EXHIBIT B
Area and Design Detail of Pervious Pavement
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EXHIBIT C
Pervious Pavement Maintenance Plan
EXHIBIT C
Pervious Pavement Maintenance Plan
Date:
Project Address and Cross
Assessor's Parcel No.:
Property Owner:
Designated Contact:
Designated Contact's Email Address:
Mailing Address:
Phone No.:
Phone No.:
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.
As needed
7
Remove weeds. Mow vegetation in grid pavements (such as turf
As needed
block) as needed.
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
Inspect pervious paving area using the attached inspection checklist.
Quarterly or as needed
Page 1
Pervious Pavement Maintenance Plan
Property Address:
II. Use of Pesticides
Date of Inspection:
Treatment Measure No.:
Do not use pesticides or other chemical applications to control weeds or unwanted growth
near pavement or between pavers.
Ill. 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 2
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