102-Maintenance Agreement.pdfRECORDED AT THE REQUEST OF
And
WITEN RECORDED RETURN TO:
SPACE ABOVE: FOR RECORDER'S USL ONLY
MAINTENANCE AGREEMENT
TI-11 S AGREEMENT ("Agreement") is made and entered into this
/(/1/"day of 20 `,'
Wen Chung Stewart Wu and Chen g Yuan
Tourisa Wu., husband and wife as joint ten , ants, (hereinafter referred to as "Declarant"), and
the City of Cupertino ("City")..
This Agreement is made and entered into with reference to the following facts:
A. The real property is located at 10077 Scenic Boulevard, within the City of Cupertino
("City"), County of Santa Clara, State of California.
B. As set forth herein, 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
thereof.
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 Scenic Blvd. in front of the Project, and to
establish certain criteria and procedures for the accomplishment of said maintenance, repair and
replacement.
NOW, THEREFORE the parties hereto agree as follows:
I . Covenants Running With the Land; Pro pegy Subject to Agreement: All of the real
property described in Exhibit "A" shall be subject to this Agreement. It is intended and
determined 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 thereof and shall be for the benefit of each owner of any of said parcels or any
portion of said property and shall inure to the benefit of and be binding upon each successor in
interest of the owners thereof. Each and all 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 said property, or any portion
thereof.
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, and keep in
good condition all improvements, paver blocks, flagstone, and landscaping located on the portion
of the City's property that abuts and fronts the Project ("the Frontage Area of the Project") along
10077 Scenic Boulevard to edge of pavement. 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 paragraph number two and
delineated on Exhibit "B" in a good, useable condition under all weather conditions. Said
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.
4. Decisions Regarding Performance of this Agreement: All decisions regarding the need
for maintenance, the implementation thereof, and any particular other matters relating to the
Frontage Area of the Project shall be determined by the City.
5. lndemnity:.Declarant shall defend, indemnify, and hold City harmless of and from any
and all claims, liabilities, actions, causes of action, and damages for personal injury and property
damage, including without limitation reasonable attorney's fees, arbitration fees or costs and
court costs, arising out of or related to the use and landscape maintenance of the Frontage Area
of the Project described in paragraph number two and delineated on Exhibit "B", except to the
extent that such claims, liabilities, actions, causes of action, and damages arise out of or relate to
City's employees, agents, representatives, contractors, vendors or consultants.
6. 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
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.
7. Further Documents: The parties covenant and agree that they shall execute such further
documents and instructions as shall be necessary to fully effectuate the terms and provisions of
this Agreement.
8. 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.
9. 5everabili1y: 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.
10. 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.
2
11. Recordation-, It is anticipated that this Agreement shall be recorded and shall be executed
and acluiowledged in proper recordable form.
11 Amendment: This Agreement may be amended in whole or in part only by mutual
written agreement. Any such 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 docurnent or documents, the most recently duly executed and recorded
amendment shall be controlling.
Executed the day and year first above written.
Owners
By:
Wen Chung Stewart u
Y'.
Chen g Yuan Tourisa Wu
CITY OF CUPERTINO
0
Name:
Title:
(notary acknowledgement attached)
(notary acknowledgement attached)
Page 1
Escrow No. 867195 -SW
LEGAL DESCRIPTION EXHIBIT
All that certain Real Property in the City of Cupertino, County of Santa Clara, State
of California described as follows:
Lot 99A'and a portion of Tots 95, 99 and 100, Map of Inspiration Point, Manta Vista,
as per Map filed in Book P of Maps, Page 18, Santa Clara County Records, and more
particularly described as follows:
Beginning at a 3/4 inch iron pipe in the westerly line of Scenic Boulevard 40.00 feet
wide at the intersection thereof with the easterly prolongation of the northerly line
of lot 99, as said Boulevard and lot are shown upon the map referred to above; thence
from said point of beginning along said prolongation and the northerly line of said
lot 99 north 89 deg 53' west 140.02 feet to a 3/4 inch iron pipe; thence at right
angles south 0 deg 07' west 100.12 feet to a 3/4 inch iron pipe; thence at right
angles south 89 deg 53' east 130.48 feet to a 3/4 inch iron pipe in said westerly
line of Scenic Boulevard; thence along said westerly line northeasterly along the arc
of a curve to the right from a tangent which bears north 0 deg 07' east with a radius
of 530.00 feet through a central angle of 10 deg 53' 20" for an arc length of 100.72
feet to the point of beginning and being a portion of the land shown upon that
certain map entitled, "Record of survey of sections 99A, 100, IOTA, and portions of
Sections 95, 99, 101, 105 map of inspiration point, Manta Vista, which map was filed
for record in Book 56, Page 10 of Maps.
114
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ACKNOWLF-DGMENT
State of California
County of
ss.
On j before me,
Notary Public, personally appeared
who
r� )ro
ho proved 0 me on the basis of satisfactory evidence to be the person(s) whose
name(s) /are subscribed to the, within: instrument and acknowledged to me that
110/s e/they executed the same in pls/ler/their authorized capacity(ies), and that by
1?s/rletheir signatures(s) on the instrument the person(s), or the entity upon behalf of
whim 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
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
7: 11�
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(23 Q)
�`14,[J�, , 01 rOHNIA
(7eal)
OPTIONAL INFORMATION
11// V/ noc, Thumbprint of Signer
Type of Satisfactory Evidence:
"Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO / CI=O / COO
President / Vice -President / Secretary / Treasurer
Other:
Other Informatiom_______
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