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HomeMy WebLinkAbout26-148 SummerHill Stevens Creek LLCMaintneance 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 26032813 Louis Chiaramonte Santa Clara County - Clerk -Recorder 08/04/2026 02:30 PM Titles: 1 Pages: 12 Fees: 10.00 0.00 Taxes: 0 Total: (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MAINTENANCE AGREEMENT 20770, 20830, 20840, 20850 Stevens Creek Boulevard, Cupertino, CA 95014 APN 359-08-031 Original O Conformed Copy RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupertino City Clerk's Office 10300 Tone Avenue Cupertino, CA 95014-3202 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §6103 Space above this line for Recorder's use. MAINTENANCE AGREEMENT 20770, 20830, 20840, 20850 Stevens Creek Boulevard, Cupertino, CA 95014 APN 359-08-031 THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this `�-`l day of 5t; ILj 2026,. by SummerHill Stevens Creek LLC, a California limited liability company ("Declarant"�, and the City of Cupertino ("City"). RECITALS: The following recitals are a substantive portion of this Agreement: A. The real property and improvements that comprise the 20840 Stevens Creek Boulevard development project is located at 20770, 20830, 20840, 20850 Stevens Creek Boulevard within the City of Cupertino ("City"), County of Santa Clara, State of California. B. Asset forth, the provisions of this Agreement are intended to and shall run with the Project and be binding upon all owners, successors and assigns of the Project, or any portion. C. The purpose of this Agreement is to allocate the costs of maintenance, repair and replacement between Declarant and the City of certain improvements, including landscaping, that is situated on real property owned by City along 20770, 20830, 20840, 20850 Stevens Creek Boulevard in front of the Project, and to establish certain criteria and procedures for the accomplishment of maintenance, repair and replacement. NOW, THEREFORE the parties hereto agree as follows: 1. Covenants Running with the Land; Property Subject to Agreement: All of the real property described in Exhibit "A" shall be subject to this Agreement (the "Project"). It is intended that the provisions of this Agreement shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the real property described in Exhibit "A" or any portion and shall be for the benefit of each owner of any of the parcels or any portion of the property and shall inure to the benefit of and be binding upon each successor in interest of the owners. Each of the limitations, easements, obligations, covenants, conditions, and restrictions contained herein shall be deemed to be, and shall be construed as equitable servitudes, enforceable by any of the owners of any of the property subject to this Agreement against any other Owner, tenant or occupant of the property, or any portion. 2. Responsibility for Cost of Repair, Replacement and Maintenance: Declarant, or its successor in interest, shall, at its sole cost and expense, maintain, repair, replace, remove and keep in excellent, like new condition all improvements, stormwater treatment facilities, trash capture device, paver blocks, irrigation, and landscaping located on the portion of the City's property that abuts and fronts the Project ("the Frontage Area of the Project") along 20770, 20830, 20840, 20850 Stevens Creek Boulevard to back of curb line, excepting therefrom the standard public sidewalk abutting the property line of the Project which shall remain the maintenance responsibility of the City. Exhibit `B" shows the portion of the City's property for which Declarant is responsible for maintenance hereunder. 3. Definitions of Repair, Replacement and Maintenance: The repair, replacement and maintenance to be undertaken and performed under this Agreement shall include all work necessary to maintain the Frontage Area of the Project described in Section 2 and delineated on Exhibit `B" in excellent, like new and useable condition under all weather conditions. The Frontage Area of the Project shall be maintained to the standards, specifications and condition to which, at a minimum, they were originally constructed as evidenced by plans and specifications on file with the City of Cupertino and/or provided to the Declarant. The improvements shall be maintained to a high standard that is comparable to other improvements at similar high quality developments in the City and along 20770, 20830, 20840, 20850 Stevens Creek Boulevard. To accomplish the maintenance, Declarant shall either provide licensed, qualified personnel to perform the maintenance work or contract with licensed, qualified companies for this, and any other items necessary to comply with the requirements of this Agreement. 4. Decisions Regarding Performance of this Agreement: All decisions regarding the need for maintenance, the implementation, the removal, and any particular other matters relating to the Frontage Area of the Project shall be determined by the City. 5. Indemnity: To the fullest extent allowed by law, Declarant 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 pertaining to, or related to the uses described in Section 2 by Declarant or Declarant's employees, officers, officials, agents or independent contractors of the Frontage Area of the Project described in Section 2 and delineated on Exhibit `B", or from negligent acts or omissions or willful misconduct of Declarant, its agents, employees, contractors, or subcontractors in connection with this Agreement. Declarant shall, at his/her own cost and expense, defend any and all claims, actions, suits or legal proceedings that may be brought against the City or any of the Indemnitees (with council acceptable to City) in connection with this Agreement or arising out of Declarant's performance or nonperformance of his/her duties and obligations 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. 6. Insurance Requirements: Declarant shall not commence work under this Agreement until it has obtained all insurance required. Declarant shall maintain Worker's Compensation Insurance, and if applicable shall also require all subcontractors to provide Worker's Compensation Insurance. 2 Declarant shall maintain Comprehensive General Liability in an amount of not less than $1,000,000.00 7. 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. 8. Further Documents: The parties covenant and agree that they shall execute further documents and instructions as shall be necessary to fully effectuate the terms and provisions of this Agreement. 9. Entire Agreement; Termination of Prior Maintenance Agreements as to the Project: 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. Given the redevelopment of the Project and to avoid confusion and to provide certainty to both the City and Declarant, the City and Declarant hereby agree that the following Maintenance Agreements are hereby terminated with respect to the Project described in Exhibit A only, and shall no longer bind or encumber the Project: (1) that certain Maintenance Agreement recorded on October 6, 2011 as Document No. 21350692, Official Records of Santa Clara County; and (2) that certain Maintenance Agreement recorded January 28, 2013 as Document No. 22067849, Official Records of Santa Clara County (collectively, the "Prior Maintenance Agreements"). The Prior Maintenance Agreements are terminated solely as to the Project and continue to otherwise bind the other offsite property to which they are subject. 10. 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. 11. No Waiver: The waiver of any covenant contained herein shall not be deemed to be a continuing waiver of the same or any other covenant contained herein. 12. Recordation: It is anticipated that this Agreement shall be recorded and shall be executed and acknowledged in proper recordable form. 13. Amendment: This Agreement may be amended in whole or in part only by mutual written agreement. Any amendment shall be recorded in Santa Clara County, California. In the event 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. 14. 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. 15. 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] Executed the day and year first above written. DECLARANT: SUMMERHILL STEVENS CREEK LLC, a California limited liability company By: SummerHill Homes LLC, a California limited liability company, its manager By: Na rahimi Title: Development By: Name: Marjorie L. Szto Title: Senior Vice President (Notary acknowledgment to be attached) CITY OF CUPERTINO By: _ 6 2� 1, 4,rz — Name: 6fi114) wostcY Title: b/iffr01t, OF- N911L L46'6 S Approved as to Form Michael Woo Senior Assistant City Attorney 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. iom M, RINETTI Notary Public - California Contra Costa CountyCommission # 2535538 y Comm. Ex irei Nov 13 1o29 Signaturev� c (Seal)p CA%UI;1011►1FMTOINZ1617J4X1PTr1iTj1A►IiA 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 l County of S4GCIO IraJ} On Ju 1uy;t 7f Z 6 before me, Framn Dyat l�l Al�) N f� r1 j f lubl is Date Here Insert Name and Title of the Ofiker personally appeared —LW Mos leq Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names 1 re subscribed to the within instrument and acknowledged to me thatohe/they executed the same i his her/their authorized capacity(ies), and that bo/her/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 W' = 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 —:��1)2-11b—.-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 ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©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 in idual 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 On before me, otary Public, personally appeared who proved to me on the b is of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument d acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), d that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the erson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Site of California that the foregoing paragraph is true and correct. / WITNESS my hand and official seal. Signature A notary public or other officer completing is certificate verifies only the identity of the individual who signed the document to which this certifica is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On appeared be the person(s) whose n he/she/they executed the on the instrument the per instrument. ; re me, , a Notary Public, personally who proved to me on the basis of satisfactory evidence to ) is/are subscribed to the within instrument and acknowledged to me that in his/her/their authorized capacity(ies), and that by his/her/their signature(s) or the entity upon behalf of which the person(s) acted, executed the I certify under PENAI OF PERJURY under the laws of the State of California that the foregoing paragraph is true anorrect. WITNESS my harp] and official seal. Signature:' 0 EXHIBIT A LEGAL DESCRIPTION OF PROJECT 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 89057'15" 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 89057'15" 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 89057'15" 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. 7 EXHIBIT B FRONTAGE AREA OF PROJECT M a —tt—Imo'ltl W 44 z II CON g 0 o W of F Q 0 to I II d It ►�-�—� LLI I. 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