25-041 Maintenance Agreement, Arroyo Village (Westport Townhomes)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
25789224
Regina Alcomendras
Santa Clara County - Clerk -Recorder
04/08/2025 03:40 PM
Titles: 1 Pages: 8
Fees: 0.00
Taxes: 0
Total: 10.00
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MAINTENANCE AGREEMENT
Arroyo Village (Westport Townhomes)
11 Original
71 Conformed Copy
RECORDED AT THE REQUEST OF )
And )
WHEN RECORDED RETURN TO: )
City Clerk's Office )
City of Cupertino )
10300 Torre Avenue )
_Cupertino, CA 95014 )
SPACE ABOVE FOR RECORDER'S USE ONLY
MAINTENANCE AGREEMENT
Arroyo Village (Westport Townhomes)
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this Z(�
day of sou Y. 2025, between Taylor Morrison of California, 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 Arroyo Village, formerly the Westport
Townhome Project, ("the Townhome Project") located on Parcel A, as shown and so designated
on that certain map entitled "Tract No. 10579" filed for record on November 18, 2021 in Book
943 of Maps at Pages 36 through 43, Santa Clara County Records, within the City of Cupertino
("City"), County of Santa Clara, State of California.
B. As set 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 Townhome 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 Stevens Creek Blvd and Mary Ave in front of the
Townhome 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. 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, street trees, pavers, irrigation, and
landscaping located on the portion of the City's property that abuts and fronts the Townhome
Project ("the Frontage Area of the Project") along Stevens Creek Blvd and Mary Ave to back of
curb line, excepting therefrom the standard public sidewalk abutting the property line of the
Townhome Project which shall remain the maintenance responsibility of the City.
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 2 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
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 use and landscape maintenance by Declarant or Declarant's
employees, officers, officials, agents or independent contractors of the Frontage Area of the
Project described in paragraph 2, or from negligent acts or omissions or willful misconduct of
Declarant, its agents, employees, contractors, or subcontractors. 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. Declarant shall maintain Comprehensive General Liability in an
amount of not less than $1,000,000.00
2
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: 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.
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. Binding on Successors: This Agreement shall be binding on the successors or assigns of
Declarant. The obligations of Declarant hereunder run with the land for the benefit of the City.
Upon a transfer or conveyance of the ownership interest, or any portion thereof, in any or all of
the Townhome Project to a successor or assign, including a Homeowner Association, the
Declarant is released from the obligations hereunder arising from and after such transfer, and the
successor or assign assumes the obligations hereunder arising from and after such transfer.
Declarant shall notify the City in writing of the identity, address and contact information of any
such successor or assign of the Declarant.
14. 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.
SIGNATURES ON FOLLOWING PAGES)
3
Executed the day and year first above written.
DECLARANT:
Taylor Morrison of California, LLC,
a Califor a 'ability company
By:
Name:
Title:y r
(notary acknowledgement attached)
CITY OF CUPERTIN
By:
o
Name:
Title: D11'ZrC1'0P Of' P00LIC w0I711'S
(notary acknowledgement attached)
Approved as to Form
wuv--
,l U:) c6't ", I labs u
City Attorney
11
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 February 13, 2025 before me, Alicia Hintzen, Notary Public
(insert name and title of the officer)
personally appeared Jennifer Skillings
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.
Signatu
(Seal)
ALICIA HINTrEN
COMM. #2474541 z
e Notary Public • California o
= Contra Costa County
MY Comm. Expires Nov. 30, 2027
EXHIBIT `A'
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL A, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 10579" FILED
FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, ON NOVEMBER 18, 2021, IN BOOK 943 OF MAPS,
PAGES 36 THROUGH 43.
CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 Santa Clara
On March 27, 2025
before me, Lauren Sapudar , Notary Public,
(Here insert name and title of the officer)
personally appeared Chad Mosley
who proved to me on the basis of satisfactory evidence to be perso s) whose(! �a(s) /are subscribed to
the within instrument and acknowledged to me that I&/she/they executed the same iii&/her/their authorized
capac (ies), and that by(/her/the' si na (s) on the instrument the sr' 'ir (s), or the entity upon behalf of
which th�(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.
WITNM my hand and official seal.
S' of Notary PdKc
*my
LAUREN SAPUDAR
Notary Public • CaliforniaSanta Clara County
Commission k 2409321 Comm. Expires Jun 28, 2026
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
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