109-H. Declaration of Restrictive Covenant for Building B.pdfATTACHMENT H
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
GOODWIN PROCTER LLP
Three Embarcadero Center, 24th Floor
San Francisco, California 94111
Attention: Paul Churchill
[SPACE ABOVE THIS LINE FOR RECORDER'S USE.]
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is made as of December _,
2010, by CUPERTINO HOUSING PARTNERS LLC, a California limited liability company ("Declarant").
RECITALS
A. Declarant owns that certain real property commonly known as 19501 Stevens Creels
Boulevard within the City of Cupertino, County of Santa Clara, State of California, more particularly
described in Exhibit A attached hereto and made a part hereof (the "Building B Retail Units"). The
Building B Retail Units are comprised of three retail spaces.
B. Declarant desires to provide that the three retail spaces comprising the Building B Retail
Units shall always be owned, sold, transferred and conveyed to the same owner.
Now, THEREFORE, Declarant hereby declares as follows:
AGREEMENT
1. Conveyance Restrictions and Notifications. From and after the recordation of this
Declaration, the Building B Retail Units shall only be owned, sold, transferred and otherwise conveyed to
the same owner. Declarant and any subsequent owner owning, selling, transferring or otherwise
conveying the Building B Retail Units shall be referred to herein as a "Transferor," and the person or
entity acquiring such units shall be referred to herein as a "Transferee." In connection with any sale,
transfer or other conveyance of the Building B Retail Units, Transferor shall endeavor to provide
Transferee a copy of this Agreement; provided, however, Transferor's failure to so provide such copy
shall in no way vitiate the validity or effectiveness of any such sale, transfer or other conveyance.
Furthermore, prospective and potential Transferees are advised that the Building B Retail Units are
subject to certain restrictions under a Planned Development Zone of the City of Cupertino (the "City")
and such Transferees should contact the Planning Department of the City to determine the specific
resriictions then in effect.
2. Binding Effect. The restrictions imposed by this Declaration shall burden the Building B
Retail Units, and such Building B Retail Units shall be held, transferred, sold and conveyed subject to
such restrictions, whether or not reference is made to this Declaration in the related conveyance
document. The restrictions imposed by this Declaration shall run with the land and be binding on all
successors owners and other parties having any interest in the Building B Retail Units, whether or not so
stated in any conveyance document. The restrictions imposed by this Declaration shall benefit and may
be enforced by (a) Declarant and any person who, from time to time, is or was the holder of a direct or
indirect ownership interest in Declarant and (b) the City.
LIBD/2364580.3 1.
3. Governing Law. This Agreement shall be construed and interpreted in accordance with
and shall be governed and enforced in all respects according to the laws of the State of California.
4. Entire Agreement. This Agreement and the attached exhibits, which are by this
reference incorporated herein, and all documents in the nature of such exhibits, when executed, contain
the entire understanding of the parties and supersede any and all other written or oral understanding.
IN WITNESS WHEREOF, Declarant has executed this Declaration of Restrictive Covenants as of
the date first written above.
DECLARANT: CUPERTINO HOUSING PARTNERS LLC,
a California limited liability company
By: Menlo Equities III LLC,
a California limited liability company,
Manager
By: Menlo Equities LLC,
a California limited liability company,
Managing Member
By: Menlo Equities, Inc.,
a California corporation,
Managing Member
In
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LIBD/2364580.3
Henry D. Bullock,
President
EXHIBIT A
LEGAL DESCRIPTION AND DEPICTION OF 19501 STEVENS CREEK BOULEVARD
[BUILDING B RETAIL UNITS]
All of that certain real properly located in the City of Cupertino, County of Santa Clara,
State of California, described as THREE RETAIL SPACES COMPRISED OF:
PARCEL ONE:
UNIT NO. R101, R102 AND R103 LOCATED IN BUILDING B, AS DEPICTED UPON THAT CERTAIN
CONDOMINIUM PLAN FOR METROPOLITAN AT CUPERTINO (THE "PLAN) WHICH PLAN IS ATTACHED AS
EXHIBIT A TO THE DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING A PLAN FOR
CONDOMINIUM OWNERSHIP FOR METROPOLITAN AT CUPERTINO (THE "DECLARATION') WHICH
DECLARATION RECORDED DECEMBER 01, 2005 AS DOCUMENT NO. 18700161, OFFICIAL RECORDS,
SANTA CLARA COUNTY, SAID UNIT AND BUILDING BEING SITUATED ON LOT 1 AS SAID LOT IS SHOWN
UPON THAT CERTAIN MAP ENTITLED "TRACT NO. 9655", WHICH MAP WAS FILED IN THE OFFICE OF THE
RECORDER, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JANUARY 27TH IN BOOK 780 OF
MAPS, AT PAGES 40 AND 41.
PARCEL TWO:
AN UNDIVIDED 3.009% INTEREST IN THE BUILDING B - BUILDING COMMON AREA IN WHICH THE
CONDOMINIUM UNIT DESCRIBED IN PARCEL ONE ABOVE IS LOCATED, AS DEPICTED ON THE PLAN AND
AS DEFINED ON THE DECLARATION AND AS SAID UNDIVIDED INTEREST IS SET FORTH IN EXHIBIT E
ATTACHED THERETO.
EXCEPTING THEREFROM AND RESERVING THE FOLLOWING:
1. ALL THE CONDOMINIUM UNITS DEPICTED ON THE PLAN AND DEFINED IN THE DECLARATION OTHER
THAN THE UNIT DESCRIBED IN PARCEL ONE ABOVE.
2. THE EXCLUSIVE USE COMMON AREAS AS DEFINED IN THE DECLARATION AND THE EXHIBITS
ATTACHED THERETO AND AS DEPICTED ON THE PLAN WHICH ARE SET ASIDE AND ALLOCATED FOR THE
EXCLUSIVE USE OF THE OWNERS OF CONDOMINIUMS OTHER THAN THE CONDOMINIUM UNIT
DESCRIBED IN PARCEL ONE ABOVE.
3. NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, SUPPORT, ENCROACHMENT, USE, ENJOYMENT
AND RIGHTS OVER, UNDER, UPON AND THROUGH THE COMMON AREAS APPURTENANT TO ALL UNITS AS
SAID EASEMENTS AND RIGHTS ARE DEFINED IN THE DECLARATION.
PARCEL THREE:
THE EXCLUSIVE RIGHT TO THE USE, POSSESSION AND ENJOYMENT OF THE EXCLUSIVE USE COMMON
AREAS APPURTENANT TO PARCEL ONE ABOVE, AS DEFINED IN THE DECLARATION AND THE EXHIBITS
ATTACHED THERETO AND AS DEPICTED ON THE PLAN WHICH ARE SET ASIDE AND ALLOCATED FOR THE
EXCLUSIVE USE THE OWNER OF THE UNIT TO WHICH THEY ARE ATTACHED OR ASSIGNED.
PARCEL FOUR:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, SUPPORT, ENCROACHMENT, USE, ENJOYMENT
AND RIGHTS OVER, UNDER, UPON AND THROUGH THE COMMON AREAS AS SHOW ON THE PLAN AND
DEFINED IN THE DECLARATION.
APN: 316-49-110 and 316-49-111 and 316-49-112
LIBD/2364580.3
EXHIBIT 'A" FIRST FLOOR —FLOOR PLAN
CONDOMINIUM PLANS
METROPOLITAN AT CUPERTINO
DATED: OCTOBER, 2005
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LI1313/2364580.3
ACKNOWLEDGMENT
State of California
County of
On
before me,
(insert name and title of the officer)
personally appeared , 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 hue and correct.
WITNESS my hand and official seal.
Signature
0
LIBD/2364580.3
(Seal)