Loading...
HomeMy WebLinkAbout26-147 SummerHill Stevens Creek LLC for Stormwater Management Facilities Operation, Maintenance and Easement Agreement 20770, 20830, 20840, 20850 Stevens Creek Boulevard APN 359-08-031First American Title Insurance Company Escrow No. NCS-1203762M 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 WITH GOV. CODE 27383 26032812 Louis Chiaramonte Santa Clara County - Clerk -Recorder 08/04/2026 02:30 PM Titles: 1 Pages: 32 Fees: 100 .00 Taxes: Total: 0.00 mill KPIA11110, MKIAT XL01 111HII.,41 LWL4,1I II1 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 20770, 20830, 20840, 20850 Stevens Creek Boulevard, Cupertino, CA 95014 APN 359-08-031 © Original 0 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 20770, 20830, 20840, 20850 Stevens Creek Boulevard, Cupertino, CA 95014 APN 359-08-031 This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT ("Agreement") is made and entered into this 2� day of �, 2026, by SummerHill Stevens Creek LLC, a California limited liability company ("Co enantor") 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- 08-031 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 Carlson, Barbee & Gibson, Inc. and dated April 2026, which plan, together with any and all amendments, including future amendments, thereto (collectively, the "SWMP"), are on file with -1- the Public 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. IN 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. Facilfty 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 -3- 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 in connection with this Agreement. 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, transfer or 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. -4- 11. Termination and Release of Agreement. In the event that the City determines, in the 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: SummerHill Stevens Creek LLC 6101 Bollinger Canyon Road, Suite 425 San Ramon, CA 94583 Attn: Kevin Ebrahimi, SVP of Development SummerHill Stevens Creek LLC 777 California Avenue Palo Alto, CA 94304 Attn: General Counsel -5- 12.2 Attorneys' Fees. In the event that either Party institutes legal action or arbitration against the other to interpret or enforce this Agreement, or to obtain damages for any alleged 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. Given the redevelopment of the Property and to avoid confusion and to provide certainty to both the City and Covenantor, the City and Covenantor hereby agree that (1) the Stormwater Management Facilities Operation and Maintenance Agreement Maintenance Agreement recorded on September 1, 2011 as Document No. 21299370, Official Records of Santa Clara County; and (2) the Stormwater Management Facility Easement Agreement recorded on September 1, 2011 as Document No. 21299371, Official Records of Santa Clara County (collectively, the "Stormwater Agreements") are hereby terminated to the extent they encumber the Property described in Exhibit A only, and shall no longer bind or encumber the Property. The Stormwater Agreements are terminated solely as to the Property described in Exhibit A to this Agreement and continue to otherwise bind the other offsite property to which it is subject. 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. -6- 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. 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. 110 12.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of this Agreement. This Agreement does not confer any rights upon the public and the provisions of this Agreement are not enforceable by the public. 12.16 Mortgagee Protection. Nothing in this Agreement shall be interpreted to render invalid any deed of trust or mortgage on any portion of the Property. No beneficiary under any deed of trust, purchaser at a foreclosure sale of such deed of trust, or grantee of a deed in lieu of foreclosure shall be obligated to cure any default of the previous owner of the Property, unless such obligation is expressly assumed in writing. SIGNATURES ON FOLLOWING PAGE(S) -8- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. ATTEST: A�0141� — au en Sapudar City Clerk APPROVED AS TO FORM: Michael Woo Senior Assistant City Attorney COVENANTOR: SUMMERHILL STEVENS CREEK LLC, a California limited liability company By: SummerHill Homes LLC, a California limited liability company, its manager _ By:___� Name: By: --,—/,— Name: Wo-n-e L. Szto Title: Senior Vice President (Notary acknowledgment to be attached) CITY: CITY OFCUPERT O, a municipal corporation By: (2A�Cr:7— Name: C AqP 1 'MoX E)( Title: Dii?(Cfo ij 6-c j0v6 C l C w c!1 ; (Notary acknowledgment to be attached) 61 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 Contra Costa On July 20, 2026 before me, M. Rinetti, Notary Public (insert name and title of the officer) personally appeared Kevin Ebrahimi and Marjorie L. Szto 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 M. RINETTI Notary Public • California Contra Costa County Commission N 2535533 Comm. Expires Nov 13, 2029 (Seal) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 �t 1 County of Slanta Cla—q J} On �, ly �� r7 before me, —Date Here Insert Name and Title of the Officed personally appeared C�'IAG� C>51-Cy of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument and acknowled ed to me thatashe/they executed the same in ' her/their authorized capacity(ies), and that b hi er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. FRANCES BURKE CLARK Notary Public • California Santa Clara County Commission # 2546269 My Comm. Expires Jan 17, 2030 Place Notary Seal and/or Stamp Above 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 4v,." tZ W Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General 17iiTIDISM-511 ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian or Conservator ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: A notary public or other officer completing this certificate verifies only the identity of the ind6idual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityAf that document. State of California County of On before me, , a otary Public, personally appeared who proved to me on the basis of sat' factory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their si ature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ins ment. I certify under PENALTY OF PERJURY under the laws of the State�6f California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A notary public or other officer completing this cervricate verifies only the identity of the individual who signed the document to which this certificate is attached, and of the truthfulness, accuracy, or validity of that document. State of California County of On before me, a Notary Public, personally appeared w o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the rthin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaci (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which th erson(s) acted, executed the instrument. I certify under PENALTY OF PE RY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offic)61 seal. Signature -10- Exhibit A PROPERTY All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: New Parcel B as shown on Lot Line Adjustment, as evidenced by document recorded March 07, 2025 as Instrument No. 25774418 of Official Records, being more particularly described as follows: Being all of Parcel B, as said parcel is described in that Lot Line Adjustment recorded September 2, 1993, filed in Book M980 of Official Records, at Page 2060, as Document Number 12082642, Santa Clara County Records, together with a portion of Parcel A, as said parcel is described in that Lot Line Adjustment recorded July 23, 2012 as Document Number 21757773, Santa Clara County Records, more particularly described as follows: Beginning at the Southeast corner of said Parcel B, said point being the Southwest corner of said Parcel A; Thence, from said Point of Beginning, along the South line of said Parcel B, South 8905715" West 168.00 feet to the Southwest corner thereof; Thence, along the West line of said Parcel B the following three (3) courses: 1) North 00000'35" West 224.63 feet, 2) South 8905715" West 133.74 feet, 3) North 00000'35" West 185.00 feet to a point on the South line of Stevens Creek Boulevard as shown on said Lot Line Adjustments; Thence, along said South line of Stevens Creek Boulevard, North 89157'15" East 479.74 feet to the Northwest corner of another Parcel B, as said parcel is described in said Lot Line Adjustment (21757773); Thence, along the West line of said Parcel B (21757773) and the Southerly projection thereof, South 00002'45" East 200.79 feet; Thence, South 89059'25" West 178.13 feet; Thence, South 00000'35" East 208.95 feet to the Point of Beginning. Excepting therefrom the underground water rights without rights of surface entry as conveyed by document recorded May 10, 1968 as Instrument No. 3414435 and in Book 8119, Page 208, Official Records. Also excepting therefrom the underground water rights without rights of surface entry as conveyed by document recorded February 26, 1970 as Instrument No. 3768782 and in Book 8839, Page 594, Official Records. Exhibit B STORMWATER FACILITIES AREA i s �xz� so C27 s}�--- --------Cso-----—Cx STEVENS CREEK BOULEVARD N x x BR-26 sew DNI A?% r I z BR 5 DMA 28 1 DMA 2A DMA SA DMAS DMA7 BR-2 BLDG 2 0 BLDG 3 DMA 4 I BR-4 LI DMA 2 oo DMA s 8" SD \- B STREET w o , BLDG 1-Jr 1' - _ DMA6- ! v> co BLDG 6 �� DMA 3 I BLDG 5 �' � 1 I DMA 1 8' SD -- BR-1 BR-- 7 _ 12" SD 2') s 10" SD 10" SD _ — 12" SD C STREET DMA IA DMA 1 I - - 4JV _ _ J I � ��iER DMA24 I� �I BR-12, DMA 13 BR-13 DMA 12 BR-22 -I 10' SD 22 It I - BR-14�. 1 1"I SD J DMA 14 w - BLDG 7 EXHIBIT B-1 STORMWATER FACILITIES AREA CITY OF CUPERTINO SANTA CLARA COUNTY CALIFORNIA DATE: JULY 26, 2026 SCALE: V = 50' C b g SAN RAMON (925) 866-0322 ROSEVILLE (916)788-4456 VJW W.CBANDG.COM CIVIL ENGINEERS • SURVEYORS • PLANNERS 11:050-00 ACAMEXHIBITSIO&MIIPI6.DWG -- —Cz2� s�----- Cxz� s---- - �X27 s}------- STEVENS CREEK BOULEVARD 15" SD (RCP) --- - _, 10 DMA 28 - ' S Lziz DMA 5A_ 17 -so BR-6 -a DMA 5 12" SD 2 BLDG3 0 15 SD • !I �. � I� BR-7 -- -- oo'' DMA 5 PARCEL 8 21757773 8" SD - 15" SD - B STREET CDMA 8 L _ w 8 DMA 6 - --_- U BLDG 4 N. BLDG 5 BLDG DMA 10 BR-11 I - — — - DMA9 FIT— 10" SD.. J 12" 22 r <<" 1 �y r L_ 12" SD C STREET BR-9 1I DMAII I L,I DMA 13 i •— 10"I SD DMA 23 BR-13 IIIDMA 121 BR-22 ( I DMA 22 0 I SD l BR-21 BLDG 7 DMA 21 EXHIBIT B-2 STORMWATER FACILITIES AREA CITY OF CUPERTINO SANTA CLARA COUNTY CALIFORNLA DATE: JULY 26, 2026 SCALE: l" = 50' C b g SAN RAMON (925) 866-0322 ROSEVILLE (916)788-4456 W W W.CBANDG.COM CIVIL ENGINEERS • SURVEYORS • PLANNERS H:050-00MACADIEXH IBITSIO&MIIPl6.DWG 15" SDI B STREET 1 � H _ W _ BLDG I DMA 3 BLDG 5 BLDG DMA 10 �^ DMA 1 8 SD BR-3; BR-11BR-10 - -_. 12„ SD 2 r' 1®SD: 10" SD - �12" SD CSTREET NNIN DMA lA DMA 11 ® _ �iFR DMA13 1 208204 of SD DMA23 BR-13 ' DMA 12 BR 22 - 1� DMA 22 N 1 _ BR-14 A/ 10 1 SD DMA 14 H I� BR 21 - - BLDG 7 Eli 21 - BLDG 8 DMA 15 PARCEL A ^.JL� BR-15 BR 20 "1 757773 L DMA 20 10" SD - DMA 16 j 12" SD L� ' DMA t9 \\ ' BR-16 BR-19 \ _ BR-18 JI BR-17 1 - DMA 25 EVA �� \ . DM.S 17 DMA 18 36 35 I '3 1 33 �. I EXHIBIT B-3 STORMWATER FACILITIES AREA CITY OF CUPERTINO SANTA CLARA COUNTY CALIFORNIA DATE: JULY 26, 2026 SCALE: 1" = 50' C b g SAN RAMON (925) 866-0322 ROSEVILLE (916)7884456 W W W.CBANDG.COM CIVIL ENGINEERS • SURVEYORS • PLANNERS H:13950-0001ACADIEXH I B ITS10&MIIP 16. DWG LEGEND - - - EX SD - - EXISTING STORM DRAIN 12 SD STORM DRAIN PIPE (UNTREATED) ■ m ■ DMA BOUNDARY j BIORETENTION AREA 0 PERVIOUS PAVERS DMA 1 DRAINAGE MANAGEMENT AREA LABEL RUNOFF DIRECTION CURB CUT/SLOT DRAIN DIRECTION OF OVERLAND RELEASE STORM DRAIN MANHOLE ❑® STORM DRAIN FIELD INLET ABBREVIATIONS BR BIORETENTION DMA DRAINAGE MANAGEMENT AREA EX EXISTING LAT LATERAL PR PROPOSED SD STORM DRAIN SR SELF -RETAINING TC TOP OF CURB EXHIBIT B-4 STORMWATER FACILITIES AREA LEGEND & ABBREVIATIONS CITY OF CUPERTINO SANTA CLARA COUNTY CALIFORNIA DATE: JULY 26, 2026 SCALE: I" = 50' C b g SAN RAMON (925) 866-0322 ROSEVILLE (916)788-4456 W W W.CBANDG.COM 15 CIVIL ENGINEERS • SURVEYORS • PLANNERS H:13950-0001ACADIEXH IB ITS108M11P16.DWG STORMWATER TREATMENT SUMMARY TABLE DMA TREATMENT TYPE DMA (SEA IMPERVIOUS AREA (SF) PERVIOUS AREA (SF) EFFECTIVE IMPERVIOUS AR PERVIOUS X (IMPERVIOUS SIZING METHOD REQUIRED BIORETENTION (SF) PROVIDED BIORETENTION (SF) BIORETENTION # PONDING DEPTH (IN) 1 BIORETENTION 4562 3663 899 3753 COMBO 130 135 BR-1 6 IA SELF -TREATING 969 0 969 N/A N/A N/A N/A N/A N/A 2 BIORETENTION 2492 1962 530 2015 COMBO 70 B4 BR-2 6 2A I SELF -RETAINING 1233 163 1070 N/A N/A N/A N/A N/A N/A 3 BIORETENTION 11073 8722 2351 8957 COMBO 244 254 BR-3 12 4 RIORETEN71ON 4790 4175 615 4237 COMBO 138 145 BR-4 6 5 BIORETENTION 3593 3593 0 3593 COMBO 107 107 BR-5 6 5A SELF -RETAINING 2137 225 1912 N/A N/A N/A N/A N/A N/A 6 BIORETENTION 30722 2B507 2215 28729 COMBO 894 944 BR-6 6 7 BIORETENTION 4296 2953 1343 3087 4% 123 123 BR-7 6 8 BIORETENTION 2635 1985 650 2050 4% 82 96 BR-8 6 9 BIORETENTION 3280 2510 770 2587 0 103 109 BR-9 6 9A SELF -RETAINING 1754 358 1396 N/A N/A N/A N/A N/A N/A 10 BIORETENTION 3110 2249 861 2335 COMBO 88 97 BR-10 6 11 BIORETENTION 12354 10386 1998 10586 COMBO 352 359 BR-11 6 12 BIORETENTION 7552 6597 955 6693 COMBO 216 248 BR-12 6 13 BIORETENTION 2200 1392 808 1473 4% 59 67 BR-13 6 14 BIORETENTION 2436 1599 837 1683 4% 67 73 BR-14 6 15 BIORETENTION 230D 1494 806 1575 4% 63 68 BR-15 6 16 BIORETENTION 2132 1437 695 1507 4% 60 64 BR-16 6 17 BIORETENTION 4487 3919 568 3976 COMBO 129 137 BR-17 6 18 BIORETENTION 5470 4478 992 4577 COMBO 155 164 BR-18 6 19 BIORETENTION 1103 787 316 819 4% 33 45 BR-19 6 20 BIORETENTION 2250 1732 518 1784 4% 71 77 BR-20 21 BIORETENTION 2039 1535 504 1585 4% 63 70 BR-21 22 BIORETENTION 1465 995 470 1042 4% 42 48 BR-22 23 SELF -RETAINING 2071 384 1687 N/A N/A N/A N/A N/A :N/A 24 SELF -TREATING 580 0 580 N/A N/A N/A N/A N/A 25 SELF -TREATING 1310 0 1310 N/A N/A N/A N/A N/A 26 BIORETENTION 5062 1 4769 293 4798 COMBO 148 150 BR-26 6 27 SELF -RETAINING 1058 414 1 644 N/A N/A N/A N/A N/A N/A 28 SELF -RETAINING 3990 1548 2442 N/A N/A N/A N/A N/A N/A TOTAL - 1 136,535 104,531 32,004 1- - - STORMWATER TREATMENT SUMMARY TABLE NOTES: 1. THE TOTAL DMA AREA SHOWN ON THE STORMWATER TREATMENT TABLE OF 136,535 SF IS LARGER THAN THE LAND DISTURBED AREA SHOWN ON THE C.3 DATA FORM OF 134.719 SF, THIS IS DUE TO AN ADDITIONAL 1,816 SF OF IMPERVIOUS AREA DMA 26 IS CAPTURING FROM OFF -SITE THE 1.816 SF OF NON -REGULATED IMPERVIOUS AREA WAS ADDED TO SECTION 8 OF THE C.3 DATA FORM. EQUIVALENT OFFSITE TREATMENT AREA SUMMARY CRITERIA AREA (SF) REQUIRED EQUIVALENT OFFSITE TREATMENT AREA (NEW AND/OR REPLACED IMPERVIOUS SURFACE) 2953 PROVIDED EQUIVALENT OFFSITE TREATMENT AREA 4769 NOTE 1. ALL STORM WATER STRUCTURES SHALL HAVE FULL TRASH CAPTURE SYSTEMS WALL BE DETAILED ON THE FINAL CONSTRUCTION DRAWINGS AND ARE SUBJECT TO THE FINAL DESIGN. TRASH CAPTURE SYSTEMS AND DEVICES SHALL BE APPROVED BY THE CALIFORNIA STATE REGIONAL WATER QUALITY CONTROL BOARD AND ON THE APPROVED UST OF THE SAN FRANCISCO BAY (RWQCB). 2. ALL STORM DRAIN INLETS ARE TO BE MARKED WITH "NO DUMPING FLOWS TO BAY AND WALL BE DETAILED ON THE PROJECTS CONSTRUCTION DRAWINGS. ® REWIRED OFFSITE TREATMENT AREA PROVIDED EQUIVALENT OFFSITE TREATMENT AREA EXHIBIT B-5 STORMWATER FACILITIES AREA TREATMENT SUMMARY TABLE CITY OF CUPERTINO SANTA CLARA COUNTY CALIFORNIA DATE: JULY 26, 2026 SCALE: l" = 50' C b g SAN RAMON (925) 866-0322 ROSEVILLE (916)788-4456 151 W WW.CBANDG.COM CIVIL ENGINEERS • SURVEYORS • PLANNERS H:\3950-000\ACAD\EXHIBITS\O&M\IP16.DWG EEPENED FOOTING IS REQUIRED WHERE GEOTECH REPORT FOR BIORETENTION IS WITHIN UBBLE-UP FROM ROOFFS THE ZONE OF INFLUENCE AND AREA DRAIN SYSTEM RELATIVE COMPACTION SEE GEOTECHNICAL REPORT. 6' ATRIUM GRATE Ir 6' MI NG ' MINI `1' MIN r4DIA I r2 MIN z 31 MAX. 18' MIN DE P _ - OTTOM OF ENO-RETENT10N ELEVATION (TSM) BID -TREATMENT o PER FINE GRADE PLAN SOIL MIX. - LEANOUT WITH CAP 12' MIN CALTRANS \ AT FINISHED GRADE CLASS 11 PERM �--IMPERMEABLE LINER PER PERFORATED PIPE GEOTECHNICAL REPORT (TYP) CONNECTED TO OVERFLOW ORM DRAIN INVERT DRAIN (6- MIN). PER FINE GRADE PLAN TYPICAL BI0-RETENTION DETAIL 1(BR-1) BR: 1, 5-6, 9, 13-15, 17-18, 22 NOT TO SCALE EEPENED FOOTING IS SEE GEOTECH REPORT F OTTOM OF 810-RETENTION ELEVATION (TSM) REQUIRED WHERE RELATIVE COMPACTION PER FINE GRADE PLAN BIORETENTION IS WITHIN UBBLE-UP FROM ROOF L DSIDEWALK THE ZONE OF INFLUENCE CURB WITH SEE GEOTECHNICAL REPORT. DAREA DRAIN SYSTEM 6' MINS 6' ATRIUM GRATE PONDINGMIN N OBMIN BLEDIA 2' MIN K 3:1 MAX SEE SHEET 7 FOR DEEPENED SIDEWALK CURB DETAILS 18' MIN DEPO-T " o '--CLEANOUT NTH BIREATMENT AT FINISHED GRAD SOIL MIX. 12' MIN CALTRANS `IMPERMEABLE LINER PER CLASS II PERM GEOTECHNICAL REPORT (TYP) PERFORATED PIPE CONNECTED TO OVERFLOW STORM DRAIN INVERT DRAIN (6- MIN). PER FINE GRADE PLAN TYPICAL BID -RETENTION DETAIL 2 (BR-2) BR: 2, 7-8. 16, 19-21 NOT TO SCALE OTTOM OF BIO-RETENTION ELEVATION (TSM) BUBBLE -UP FROM ROOF PER FINE GRADE PLAN AND AREA DRAIN SYSTEM 12' MIN 6' ATRIUM GRATE PONDING 1' m 2' MIN MCIN A-� BBLE I I. MIN_ MIN m T T 3:1 MAX.— - o 3:1 MAX. STORM DRAIN OUTLET �f r _= - 8' MIN DEPTH BIO-TREATMENT SEE GEOTECH REPORT FO '>�11_ , {~. '"( ^"� _ SOIL MIX. RELATIVE COMPACTION CALTRANS IMPERMEABLE LINER P CLASS II PERM GEOTECHNICAL REPORT (TYP) ERFORATED PIPE CLEANOUT WITH C TORM DRAIN INVERT CONNECTED TO OVERFLOW AT FINISHED GRADE. PER FINE GRADE PLAN DRAIN (6- MIN). TYPICAL BI0-RETENTION DETAIL 3 (BR-3) BR: 3 NOT TO SCALE VARIES DEPRESSED LANDSCAPE STRIP SIDEWALK STORM DRAIN INLET OR AREA DRAIN INLET PER PLAN I SELF -RETAINING AREA DETAIL SR: 1A, 2A, 5A, 9A, 27, 28 NOT TO SCALE EXHIBIT B-6 STORMWATER FACILITIES AREA BIORETENTION DETAILS CITY OF CUPERTINO SANTA CLARA COUNTY CALIFORNIA DATE: JULY 26, 2026 SCALE: I" = 50' C b g SAN RAMON (925) 866-0322 ROSEVILLE (916)788-4456 W W W.CBANDG.COM d5 CIVIL ENGINEERS - SURVEYORS - PLANNERS H:13950-0001ACADIEXHIBITSIO&MIIP 16.DWG CURB & GUTTER PER SEE GEOTECH REPORT FO CURB DESIGNATION PLAN DEPENDED SIDEWALK RELATIVE COMPACTION RETAINING CURB WITH BOTTOM DEEPENED FOOTING IS CURB CUTS BIO-RETENTION BUBBLE -UP FROM R00 REQUIRED WHERE SLOT DRAIN + ELEVAT. (�M) AND AREA DRAIN SYSTEM BIORETENTION IS WITHIN SEE SHEET 7 SIDEWALK PER FINE GRADE PLAN 6' ATRIUM GRATE THE ZONE OF INFLUENCE FOR DETAILS 6' MIN 4• MIN DIA SEE GEOTECHNICAL REPORT. 3.1 MAX. PONDING � 1 COBBLE 1 [MIN 2' MIN-1 1 1 1 I 1:- DEEPENED SIDEWALK CURB) PENETRATION - r : �; •,�-F' - 1 3:1 MAX. 4' MIN DIA GROUTED COBBLE - - SEE DETAIL ON SHEET 6 - tF 'h 8' MIN DEPTH o - J BIO-TREATMENT SEE SHEET 7 FOR DEEPENED✓, SOIL MIX. SIDEWALK CURB DETAILS 12' MIN CALTRANS CLEANOUT WITH C CLASS II PERM AT FINISHED GRADE IMPERMEABLE LINER PE ERFORAIED PIPE GEOTECHNICAL REPORT (TYP) RM DRAIN INVERT CONNECTED TO OVERFLOW PER FINE GRADE PLAN DRAIN (6- MIN). 2' MIN FREEBOARD DEEPENED CURB & GUTTER - � CURB CUTS 2'X2' WIDE 4'-6'- COBBLESTONES SPLASH BLOCK, PLACE GEOTEXRLE FABRIC UNDER SPLASH. BLOCK (TYP) SEE SHEET XX FOR DEEPENED CURB STRUCTURAL DETAILS 4' PERFORATED - RETAINING WALL SUBDRAIN TYPICAL 13I0-RETENTION DETAIL 4 (BR-4 BR: 4 NOT TO SCALE EEPENDED SIDEWALK ' MIN DIA RETAINING CURB WITH 6' MIN, COBBLE CURB CUTS 12' MAX BUBBLE -UP FROM RO PONDING AND AREA DRAIN SYSTEM - SIDEWALK 6' ATRIUM GRATE CLEANOUT AT FINISH . GRADE - ELEVATION ( ) OTTOM OF BIO RETENTION DN TSM PER FINE GRADE PLAN SEE SHEET 7 FOR DEEPENED m r `xz • SIDEWALK CURB DETAILS r MPERMEABLE LINER PER - GEOTECHNICAL REPORT (TYP) B' MIN DEPTH 810-TREATMENT SOIL MIX. DO NOT COMPACT. 12' MIN CALTRANS CLASS II PERM THE DEEPENED CURB SUBDRAIN TORM DRAIN INVERT WITHIN BIORETENTION AREA PER FINE GRADE PLAN GEOTECH REPORT FOR SHALL BE SOLID WALL PIPE & WALL PENETRATION RELATIVE COMPACTION RM PERFORATED. THE SUBDRAIN PER STRUCTURAL PERFORATED PIPE SHALL NQI CONNECT TO THE PLANS AS REQUIRED CONNECTED TO OVERFLOW BIOREUNTION SUBDRAIN SYSTEM. TO CONNECT TO SDFl DRAIN TYPICAL 13I0-RETENTION DETAIL 5 (BR-5) BR: ID-12 NOT TO SCALE EE GEOTECH REPORT FOR 2' MIN RELATIVE COMPACTION MIN, OTTOM OF BID -RETENTION ELEVATION (TSM) DEEPEN6- 12' MAX ' MIN DIA PER FINE GRADE PLAN AGU PONDING COBBLE SIDEWALK CLEANOUT AT FINISH 2'X2COBBLESTOww BLOCK, PLACE - f r- FABRIC UNDER SPLASH 3:1 MAX. BLOCK (TYP). } r, .- _ - MPERMEABLE UNER PER SEE SHEET XX FOR GEOTECHNICAL REPORT (TYP) DEEPENED CURB STRUCTURAL DETAILS 8' MIN DEPTH 910-TREATMENT 4' PERFORATED SOIL MIX. DO NOT COMPACT. RETAINING WALL 12' MIN CALTRANS SUBDRAIN CLASS 11 PERM THE DEEPENED CURB SUBDRAIN WALL PENETRATION TORM DRAIN INVERT PERFORATED PIPE WITHIN SIDRETENTIDN AREA PER STRUCTURAL PER FINE GRADE PLAN CONNECTED TO OVERFLOW SHALL BE SOLID WALL PIPE & PLANS AS REQUIRED DRAIN NON PERFORATED. THE SUBDRAIN TO CONNECT TO SDFl SHALL NU CONNECT TO THE BIORETENTION SUBDRAIN SYSTEM. TYPICAL 13I0-RETENTION DETAIL 6 (BR-6) BR: 26 EXHIBIT B-7 NOT TO SCALE STORMWATER FACILITIES AREA BIORETENTION DETAILS CITY OF CUPERTINO SANTA CLARA COUNTY CALIFORNIA DATE: JULY 26, 2026 SCALE: P = 50' C b g SAN RAMON (925) 866-0322 ROSEVILLE (916)788-4456 W W W.CBANDG.COM CIVIL ENGINEERS - SURVEYORS - PLANNERS H:\3950-000\ACAD\EXH IB ITS\O&M\IP16.DWG 1/4" MIN GAPS WITH JOINT VALLEY GUTTER WHERE FILL PER ASTM 8 SHOWN ON PLANS PERVIOUS PAVERS BAND CURB SEE 3 j" PICP DETAIL PER SHEET 5 1.50% 2" ASTM NO. 8 BEDDING AGGREGATE 5" ASTM NO. 57 OR CLASS 3 PERMEABLE 7" ASTM NO. 2 OR CLASS 4 AB 0.50% MIN SLOPE SUBGRADE A MINIMUM OF 2% 4" PERFORATED SUBDRAIN TOWARD PERFORATED DRAIN PIPE (PERFORATIONS DOWN) TO CONNECT TO z ADJACENT LANDSCAPE DRAINAGE SYSTEM N SUBGRADE IMPERVIOUS MEMBRANE (AS SLOPE SUBDRAIN A MINIMUM SPECIFIED BY GEOTECHNICAL ENGINEER, OF 0.5% TO THE ADJACENT SEE GEOTECHNICAL REPORT) LANDSCAPE DRAINAGE SYSTEM NOTES: 1) SEE GEOTECHNICAL REPORT SEC11ON 9.5 FOR IMPERMEABLE PAVEMENT DESIGN. 2) EXTEND ALL CURBS ADJACENT TO THE PERVIOUS PAVER SUBGRADE SECTION AS REQUIRED TO PROVIDE A MINIMUM 2" CURB REVEAL. PERVIOUS PAVER SUBGRADE SECTION NOT TO SCALE EXHIBIT B-8 STORMWATER FACILITIES AREA PERVIOUS PAVER DETAILS CITY OF CUPERTINO SANTA CLARA COUNTY CALIFORNIA DATE: JULY 26, 2026 SCALE: 1" = 50' C b g SAN RAMON (925) 866-0322 ROSEVILLE (916)788-4456 W W W.CBANDG.COM CIVIL ENGINEERS • SURVEYORS • PLANNERS H:\3950-000\ACAD\EXHIBITS\08M\IP16.DWG Exhibit C FORM OF MAINTENANCE INSPECTION REPORT 20840 Stevens Creek Boulevard Stormwater Treatment Measure Operation and Maintenance Inspection Report to the City of Cupertino, California This report and attached Inspection and Maintenance Checklists document the inspection and maintenance conducted for the identified stormwater treatment measure(s) subject to the Maintenance Agreement between the City of Cupertino and the property owner during the annual reporting period indicated below. Property Information: Property Address or APN: 20840 Stevens Creek Blvd. Cupertino, CA Property Owner: II. Contact Information: Name of person to contact regarding this report: Phone number of contact person: Email: Address to which correspondence regarding this report should be directed: III. Reporting Period: This report, with the attached completed inspection checklists, documents the inspections and maintenance of the identified treatment measures during the time period from to Page 1 O&M Inspection Report 20840 Stevens Creek Boulevard IV. Stormwater Treatment Measure Information: The following stormwater treatment measures (identified treatment measures) are located on the property identified above and are subject to the Maintenance Agreement: Identifying Number of Treatment Measure Type of Treatment Measure Location of Treatment Measure on the Property BR-1 Bio-Retention southwest comer of Building 1. BR-2 Bio-Retention northwest corner of Building 1. BR-3 Bio-Retention south of Building 5. BR-4 Bio-Retention west of Building 2. BR-5 Bio-Retention northeast of Building 2. BR-6 Bio-Retention north of Building 4. BR-7 Bio-Retention northeast of Building 3. BR-8 Bio-Retention northeast of Building 4. BR-9 Bio-Retention southeast of Building 4. BR-10 Bio-Retention south of Building 6 and east side of the curb ramp. BR-11 Bio-Retention Building 6 and west side of the curb ramp. BR-12 Bio-Retention north of Building 8. BR-13 Bio-Retention at the northwest corner of Building 7. BR-14 Bio-Retention west of Building 7 and below BR-13 from Exhibit B. BR-15 Bio-Retention west of Building 7 and above BR-16 from Exhibit B. BR-16 Bio-Retention west of Building 7 and below BR-16 from Exhibit B. BR-17 Bio-Retention at the southwest comer of Building 7 and next to the EVA road. BR-18 Bio-Retention at the southeast comer of Building 8 and next to the EVA road. BR-19 Bio-Retention east of Building 8 and below BR-20 from Exhibit B. BR-20 Bio-Retention east of Building 8 and above BR-19 from Exhibit B. BR-21 Bio-Retention east of Building 8 and below BR-22 from Exhibit B. BR-22 Bio-Retention northeast corner of Building 8. BR-26 Bio-Retention north of Building 2 and on the Stevens Creek Blvd. frontage. Page 2 O&M Inspection Report 20840 Stevens Creek Boulevard V. Summary of Inspections and Maintenance: Summarize the following information using the attached Inspection and Maintenance Checklists: Identifying Number of Treatment Measure Date of Inspection Operation and Maintenance Activities Performed and Date(s) Conducted Additional Comments BR-1 BR-2 BR-3 BR-4 BR-5 BR-6 BR-7 BR-8 BR-9 BR-10 BR-11 BR-12 BR-13 BR-14 BR-15 BR-16 BR-17 BR-18 BR-19 BR-20 BR-21 BR-22 BR-26 Page 3 O&M Inspection Report 20840 Stevens Creek Boulevard VI. Sediment Removal: Total amount of accumulated sediment removed from the stormwater treatment measure(s) during the reporting period: cubic yards. How was sediment disposed? ❑ landfill ❑ other location on -site as described in and allowed by the maintenance plan ❑ other, explain VII. Inspector Information: The inspections documented in the attached Inspection and Maintenance Checklists were conducted by the following inspector(s): Inspector Name and Title Inspector's Employer and Address VIII. Certification: I hereby certify, under penalty of perjury, that the information presented in this report and attachments is true and complete: Signature of Property Owner or Other Responsible Party Date Type or Print Name Company Name Address Phone number: Email: Page 4 O&M Inspection Report Bioretention Area Maintenance Plan for 20840 Stevens Creek Boulevard August 25, 2025 Project Address and Cross Streets:20840 Stevens Creek Blvd, Cupertino, CA, Stelling Rd. & Saich Way Assessor's Parcel No.: Property Owner: Designated Contact: Mailing Address: Phone No.: Phone No.: The property contains 23 bioretention area(s), located as described below and as shown in the attached site plan'. Bioretention Area BRA is located southwest corner of Building 1. Bioretention Area BR-2 is located northwest corner of Building 1. Bioretention Area BR-3 is located south of Building 5. Bioretention Area BR-4 is located west of Building 2. Bioretention Area BR-5 is located northeast of Building 2. Bioretention Area BR-6 is located north of Building 4. Bioretention Area BR-7 is located northeast of Building 3. Bioretention Area BR-8 is located northeast of Building 4. Bioretention Area BR-9 is located southeast of Building 4. Bioretention Area BR-10 is located south of Building 6 and east side of the curb ramp. Bioretention Area BRA 1 is located south of Building 6 and west side of the curb ramp. Bioretention Area BR-12 is located north of Building 8. Bioretention Area BR-13 is located at the most northwest corner of Building 7. Bioretention Area BR-14 is located west of Building 7 and below BR-13 from Exhibit B. Bioretention Area BRA is located west of Building 7 and above BRA from Exhibit B. Bioretention Area BR-16 is located west of Building 7 and below BR-16 from Exhibit B. Bioretention Area BR-17 is located at the southwest corner of Building 7 and next to the EVA road. Bioretention Area BR-18 is located at the southeast corner of Building 8 and next to the EVA road. Bioretention Area BR-19 is located east of Building 8 and below BR-20 from Exhibit B. Bioretention Area BR-20 is located east of Building 8 and above BR-19 from Exhibit B. Bioretention Area BR-21 is located east of Building 8 and below BR-22 from Exhibit B. Bioretention Area BR-22 is located northeast corner of Building 8. Bioretention Area BR-26 is located north of Building 2 and on the Stevens Creek Blvd. frontage. ' Attached site plan must match the site plan exhibit to Maintenance Agreement. Page 1 Bioretention Area Maintenance Plan Date of Inspection: Property Address: 20840 Stevens Creek Blvd, Cupertino, CA Treatment Measure No.: I. Routine Maintenance Activities The principal maintenance objective is to prevent sediment buildup and clogging, which reduces pollutant removal efficiency and may lead to bioretention area failure. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1. Table 1 Routine Maintenance Activities for Bioretention Areas No. Maintenance Task Frequency of Task 1 Remove obstructions, weeds, debris and trash from Quarterly, or as needed after storm bioretention area and its inlets and outlets; and dispose of events properly. 2 Inspect bioretention area for standing water. If standing Quarterly, or as needed after storm water does not drain within 2-3 days, till and replace the events surface biotreatment soil with the approved soil mix and replant. 3 Check underdrains for clogging. Use the cleanout riser to Quarterly, or as needed after storm clean any clogged underdrains. events 4 Maintain the irrigation system and ensure that plants are Quarterly receiving the correct amount of water (if applicable). 5 Ensure that the vegetation is healthy and dense enough to Annually, before the wet season provide filtering and protect soils from erosion. Prune and begins weed the bioretention area. Remove and/or replace any dead plants. g Use compost and other natural soil amendments and Annually, before the wet season fertilizers instead of synthetic fertilizers, especially if the begins system uses an underdrain. 7 Check that mulch is at appropriate depth (2 - 3 inches per Annually, before the wet season soil specifications) and replenish as necessary before wet begins season begins. It is recommended that 2" — 3" of arbor mulch be reapplied every year. 8 Inspect the energy dissipation at the inlet to ensure it is Annually, before the wet season functioning adequately, and that there is no scour of the begins surface mulch. Remove accumulated sediment. 9 Inspect overflow pipe to ensure that it can safely convey Annually, before the wet season excess flows to a storm drain. Repair or replace damaged begins piping. 10 Replace biotreatment soil and mulch, if needed. Check for Annually at the end of the rainy standing water, structural failure and clogged overflows. season, and/or after large storm Remove trash and debris. Replace dead plants. events 11 Inspect bioretention area using the attached inspection Annually, before the wet season checklist. 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. Page 2 Bioretention Area Maintenance Plan Date of Inspection: Property Address: 20840 Stevens Creek Blvd, Cupertino, CA Treatment Measure No.: 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 County of Santa Clara 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. County of Santa Clara Vector Control District 1580 Berger Dr. San Jose, California 95112 Phone: (408) 918-4770 vectorinfo(a)_cep.sccgov.orq www.sccvector.ora IV. Inspections The attached Bioretention Area 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 N Y V L+J m C O Q O �1 Q U IE ail O C O A >, co i a) a) 0<0 Ji ❑ ❑ E 0 U d N C 0 N a ac T ° �N m O torn >p EUO d N E p L O— a) -p 0. C M �4C �° m co ui-p co _ p w d O > N O N Y p .E o N O a) In N U •p a.° 016 C, o O ° o M v_, as cnCO a U U 3 0 a O U •O U cn avi a) c.E o-o mQmEa`6i`) QE ce >p° o °� °�`°o �•� O. d (n C)r m o N °� O_ U > O c- (n U 2W s`J a) a) N o E pO O�°OOU i° U)a)OU C y."« ONC N C a) (a6) N4) N O Lu4)i C0. Co0. Y O N N 6N m 0 b a) L O a) m U Y C Nm O p 0 (p OCU ° ) >.0 MA aO)a7 vOE�a�7 �a 2Ua Ou)o0o >.S ELa)wI m as C N O U C C N = c @ •1° E a �0 3 � C Q a Y co C L) 4) E ° c E Q U u d Z_ c � A C N y � C C Z V) co N C w N \O W N cE .L... (D c) m c� c ° o c > c o� ate? -0C m Mcn ooU) c - co o co ° J_- co c o •r2?rccC0 O �c mNEc> ° g a) Y� ( .o7 � U �a NOO NN- "O L° - a) c > a.0-0 C �cow a) E E -c O p •o cn O Ns N U 0a) op = n (o •2 ° (6 m °� cnM >° o U -o 0) ca) cnE .�N m o m 0 -O Ocu NM —C ° O � C NQ a U o a) o CN coCL nN N 0) a) PO> U C Ca) :. �6 C 6.S 2NNO C C N N a) N C aCOoa) .2C)d U'O Nc O a) UZ (>6 a) y >p?� N O �_0 ' j O Wm L N L O Q)) > >o 7 Q fl U 2(0 a).0 C N- N Qc9'o a) c U) .° o o c 0) m 5 cci c m +•+ U C co C O Co U E N •fn O O C CO) cn (A I— Q cn W > 2