CC Resolution No. 11-158 Maintenance Agreement, 20730 Stevens Creek Boulevard, APN 359-08-020 RESOLUTION NO. 11 -158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A MAINTENANCE AGREEMENT,
BYER PROPERTIES, L.P., A CALIFORNIA LIMITED PARTNERSHIP,
20730 STEVENS CREEK BOULEVARD, APN 359 -08 -020
WHEREAS, there has been presented to the City Council a maintenance agreement
between the City of Cupertino and owner, Byer Properties, L.P., a California limited partnership,
20730 Stevens Creek Boulevard, as described in Exhibit "A ", and said agreement having been
approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of September, 2011, by the following vote:
Vote Members of the City Council
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
V Kimberly Smith, City lerk . Gilbert Wong, Mayor, City of Cupertino
RECORDED AT THE REQUEST OF )
And )
WHEN RECORDED RETURN TO: )
)
)
)
SPACE ABOVE FOR RECORDER'S USE ONLY
MAINTENANC E AGREEMENT
20730 Stevens Creek Boulevard
APN 359-08 -020
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this G TtA
day of seer , 20 11 , by Byer Properties, L.P., a California limited partnership, (hereinafter
referred to as "Declarant "), and the City of Cupertino ( "City ").
RECITALS:
This Agreement is made and entered into with reference to the following facts:
A. The real property and improvements that comprise Cupertino Crossroads is located at
20730 Stevens Creek 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 20730 Stevens Creek Boulevard 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:
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. 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
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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, i :Tigation, and landscaping located on the portion
of the City's property that abuts and fronts the Project ( "the Frontage Area of the Project ") along
20730 Stevens Creek Boulevard to back of curb line, excepting there from 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 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. Indemnity: 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. 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.
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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.
11. Recordation: It is anticipated that this Agreement shall be recorded and shall be executed
and acknowledged in proper recordable form.
12. 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 document or documents, the most recently duly executed and recorded
amendment shall be controlling.
Executed the day and year first above written.
DECLARANT:
Byer Properties, L.P., a California limited partnership
By :`- _ (notary acknowledgement attached)
Alex B. Byer
Attorney in Fact for Byer Properties, L.P.,
a California limited partnership
CITY OF CUPERTINO
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Title: 67/.€(- � 1
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LEGAL DESCRIPTION
•
EXHIBIT "A"
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 PARCEL A as shown upon that certain Map entitled, "Record of Survey for Mr. Warner H.
Wilson being a portion of the North 1/2 of the Southwest 1/4 of Section 13, T7S, R2W, M.D.B. & M., Cupertino,
California ", Recorded May 24, 1968 in Book 238 of Maps, at Page 3.
EXCEPTING THEREFROM all those certain water rights conveyed by Pauline W. Woodruff, et al to California
Water Service company, a Corporation, by Deed Recorded May 10, 1968 in Book 8119 Official Records, Page
208.
ALSO EXCEPTING THEREFROM the underground water or rights thereto with no rights of surface entry, as
granted to the City of Cupertino Recorded in February 26, 1970 in Book 8839 of Official Records, Page 594.
APN: 359 -08 -020
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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State of California
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County of c-w F e SC J
On �` 06 oZ U!/ b me, � CZiYi'' , : �G C _ t� / 2� e J �i , E
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personally appeared /CtC �
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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/At/they the same in leis /h /t1 i1 ithorized
capacity(es and that by his/her t 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. •
..''''''',101N..:, TODD MCCORI�ACK i i
WITNESS my hand and official seal. - r' '-V NOTARY PUBUC•CA 1865928 to i '
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