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25-060 Stormwater Maintenance Facilities Operation, Maintenance and Easement Agreement, 10200 Miller Ave, APN 375-03-005RECORDING 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 25798342 Regina Alcomendras Santa Clara County - Clerk -Recorder 04/25/2025 03:50 PM Titles: 1 Pages: 20 Fees: 0.00 Taxes: 0 Total: 10.00 1111 KIO RPI RN,ItA�l�04'YAX,11 L 1','0, � 11111 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 10200 Miller Avenue, Cupertino, CA 95014 APN 375-03-005 ® Original ® Conformed Copy RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupertino City Clerk's Office 10300 Torre Avenue Cupertino, CA 95014-3202 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §6103 Space above this line for Recorder's use. STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 10200 Miller Avenue APN 375-03-005 This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT ("Agreement") is made and entered into this day of kl ez , 20 25, by Preg Emerson, LLC, a California Limited Liability Company ("Covenantor") and the City of Cupertino, a municipal corporation ("City"). Covenantor and City are referred to collectively herein as the "Parties" and each individually as a "Party." RECITALS: This Agreement is made and entered into with reference to the following facts: A. The City is authorized and required to regulate and control the disposition of storm and surface waters as set forth in the City's Stormwater Pollution Prevention and Watershed Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as currently in effect and as it may hereafter be amended, the "Ordinance"). B. The Covenantor is the owner of a certain tract or parcel of land designated as APN 375-03-005 and more particularly described in Exhibit A attached hereto ("Property") C. The Covenantor desires to construct certain improvements on the Property that may alter existing stormwater conditions on both the Property and adjacent lands. D. To minimize adverse impacts due to these anticipated changes in existing storm and surface water flow conditions, the Covenantor is required by the City to build and maintain, at Covenantor's expense, stormwater management and trash capture facilities ("Facilities") as more particularly described and shown in the Stormwater Management Plan prepared by BKF Engineers and dated January 30, 2025, which plan, together with any and all amendments, including future amendments, thereto (collectively, the "SWMP"), are on file with the Public -1- Works Department of the City of Cupertino, California, and are hereby incorporated by reference. E. The City has reviewed the SWMP, and subject to execution of this Agreement, has approved the SWMP. AGREEMENT: NOW, THEREFORE, in consideration of the benefits received and to be received by the Covenantor, its successors and assigns, as a result of the City's approval of the SWMP, the Parties hereby agree as follows: 1. Covenants Running With the Land; Property Subject to Agreement. All of the Property shall be subject to this Agreement. The Parties intend that this Agreement shall run with the land, shall be binding on Covenantor, its successors and assigns, and all parties having or acquiring any right, title or interest in the Property or any portion thereof, and their respective successors and assigns, and shall inure to the benefit of the City and its successors and assigns regardless of whether City has any ownership interest in the Property or any portion thereof or any property adjacent thereto. Every limitation, right, obligation, covenant, condition, and restriction contained herein shall be deemed to be, and shall be construed as a covenant running with the land, and in addition, shall be construed as an equitable servitude, enforceable by any owner of any portion of the Property against any other owner, tenant or occupant of the Property or any portion thereof. Subject to the provisions of Section 9 below, each reference in this Agreement to Covenantor shall mean Covenantor and its successors in interest to the Property or any portion thereof. 2. Responsibility for Installation, Operation and Maintenance. At its sole expense, the Covenantor shall construct, operate and perpetually maintain the Facilities in strict accordance with: (a) the SWMP and any amendments thereto that have been approved by the City, (b) the Ordinance, (c) manufacturer's recommendations where applicable, and (d) all other applicable federal, state and local laws, ordinances and regulations. Covenantor, on an annual basis, shall prepare and deliver to the City Public Works Director, a Maintenance Inspection Report in the form attached hereto as Exhibit C or such other form as may be required by City from time to time. The annual Maintenance Inspection Report shall identify all completed inspection and maintenance tasks for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the Facilities have been conducted as required by this Agreement. The annual report shall be submitted no later than October 15 of each year, under penalty of perjury, to the City Public Works Director or such other member of the City staff as directed by the Public Works Director. Covenantor shall provide in the annual report a record of the volume of all accumulated sediment removed as a result of the treatment measure(s). Covenantor shall conduct a minimum of one annual inspection of the Facilities before the rainy season; this inspection shall occur between August 1st and September 30 each year. More frequent inspections may be required to comply with the maintenance standards. The results of inspections shall be recorded on the Maintenance Inspection Report. -2- 3. Facility Modifications. At its sole expense, the Covenantor shall make such changes or modifications to the Facilities as the City Engineer may reasonably determine to be necessary or desirable to ensure that the Facilities continue to operate as originally designed and approved. Any changes or modifications to the Facilities may be made only with prior written authorization by the City Engineer or his or her designee. 4. Access and Maintenance. Covenantor hereby grants to City the right to enter the Property for access and maintenance Purposes ("Access") over the Facilities as depicted and described in Exhibit B attached hereto and incorporated herein ("Stormwater Facilities Area") for the purpose of permitting the City, and its employees, agents, contractors, consultants, to inspect, monitor, maintain, repair and replace the Facilities. Covenantor grants to the City the nonexclusive right of ingress and egress to the Stormwater Facilities Area, from the existing streets adjoining the Property, over the existing drives, walkways and parking areas located on the Property, for purposes connected with any right under this Agreement or the performance of any obligations required by this Agreement. 5. Facility Inspections by the City_ At reasonable times, after not less than forty-eight (48) hours' prior written notice, except in the event of an immediate threat to public health and safety in which case no prior notice shall be required, and in a reasonable manner as provided in the Ordinance, the City, its agents, employees, contractors, and consultants shall have the right of ingress and egress to the Stormwater Facilities Area for the purpose of inspecting the Facilities to ensure that the Facilities are being properly maintained, are continuing to perform in an adequate manner (as reasonably determined by the City Engineer or his or her designee), and are in compliance with the Ordinance, the SWMP and any amendments thereto approved by the City and all other applicable laws. 6. No Barriers. While this Agreement is in effect, Covenantor shall not erect, nor permit to be erected, any building or structure of any kind within the Stormwater Facilities Area, nor shall Covenantor fill or excavate within the Stormwater Facilities Area without City's prior written consent which shall not be unreasonably withheld, but may be conditioned upon such requirements as City Engineer determines are reasonably necessary or desirable to ensure proper functioning of the Facilities. 7. Default and Remedies. If following delivery of written notice from City and the expiration of a thirty (30) day cure period (except in the event of an immediate threat to public health and safety in which case Covenantor shall commence and complete corrective action as soon as possible following receipt of notice from the City), Covenantor fails to correct any defect in the Facilities in accordance with the approved design standards, the SWMP, the Ordinance, and all other applicable state, federal, and local laws, rules, and regulations, or Covenantor otherwise fails to comply with the maintenance and repair obligations set forth in the SWMP and this Agreement, the City shall have the right upon delivery of forty-eight (48) hours' prior written notice (except in the event of an immediate threat to public health and safety in which case no notice shall be required) to enter the Stormwater Facilities Area for the purposes of -3- maintaining and repairing the Facilities at Covenantor's expense, and Covenantor shall be obligated to reimburse City for the cost of all such work, including, without limitation, the cost of City staff time, within thirty (30) days following City's delivery of an invoice therefor, together with documentation of City's costs and expenses incurred in connection with the performance of such work. If such costs are not paid within the prescribed time period, the City may assess Covenantor the cost of the work, and said assessment shall be a lien against the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. In addition to the foregoing, the City may pursue any other remedies provided under law or in equity, including without limitation, ex parte applications for temporary restraining orders, preliminary injunctions and permanent injunctions enjoining any such violation or attempted violation or default, an order for specific performance, civil and criminal penalties, and the remedies set forth in Sections 9.18.190, 9.18.230 and 9.18.250 of the Ordinance. All such remedies shall be cumulative and not alternative. 8. Indemnity. To the fullest extent allowed by law, Covenantor 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 related to the ownership, operation, use of the area, maintenance, or failure to maintain, the Facilities, or the Covenantor's performance or nonperformance of his/her duties under this Agreement, or from negligent acts or omissions or willful misconduct of Covenantor, its agents, employees, contractors, or subcontractors. Covenantor 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 Covenantor'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. 9. Obligations and Responsibilities of Covenantor. Initially, the Covenantor named above shall be solely responsible for the performance of the obligations required under this Agreement and for the payment of any and all fees, fines, and penalties associated with such performance or failure to perform under this Agreement. Notwithstanding any provisions of this Agreement to the contrary, upon the recordation of a deed or other instrument of sale, transfer or other conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third party, the Covenantor shall be released of its obligations and responsibilities under this Agreement accruing after the date of such Transfer to the extent such obligations and responsibilities are applicable to that portion of the Property included in such Transfer. 10. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the Property or any part thereof by the Covenantor to subsequent owners and assigns. 11. Termination and Release of Agreement. In the event that the City determines, in the -4- exercise of its sole discretion, at any future time that the Facilities are no longer required, then it promptly shall so notify the Covenantor or its successors and/or assigns in writing, and at the written request of the Covenantor, the City shall execute a termination and release of this Agreement which the Covenantor shall cause to be recorded in the Official Records at Covenantor's sole expense. 12. Miscellaneous. 12.1 Notices. Except as otherwise specified herein, all notices, demands, requests or approvals to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (a) personal delivery, in which case notice is effective upon delivery; (b) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; (c) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (d) postage prepaid registered or certified mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. City: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: Public Works Director With copy to: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: City Attorney Covenantor: Preg Emerson, LLC 1 North B Street Suite 4000 San Mateo, CA 94401 12.2 Attorneys' Fees. In the event that either 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 Parry in such action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. -5- 12.3 Governing Law; Venue. This Agreement shall, in all respects, be governed, construed, applied, and enforced in accordance with the laws of the State of California without reference to its choice of laws provisions. Any dispute related to the interpretation or enforcement of this Agreement shall be heard in courts having jurisdiction in Santa Clara County, California. 12.4 Further Assurances. City and Covenantor shall each execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to fully effectuate the terms and provisions of this Agreement. 12.5 Entire Agreement. This Agreement, together with the SWMP, constitutes the entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior written or oral agreements with respect thereto. 12.6 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 that can be separated from the invalid or, unenforceable provisions shall, nevertheless, continue in full force and effect. 12.7 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Covenantor of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 12.8 Recordation; Amendments. City, at Covenantor's expense, shall cause this Agreement to be recorded in the Official Records of Santa Clara County, California ("Official Records") promptly following execution hereof. This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in the Official Records. 12.9 Relationship of Parties. Neither Covenantor nor any of its contractors, employees or agents shall be deemed to be agents of City in connection with the performance of Covenantor's obligations under this Agreement. Nothing in this Agreement is intended to or shall establish the Parties as partners, co -venturers, or principal and agent with one another. City neither undertakes nor assumes any responsibility or duty to Covenantor (except as expressly provided in this Agreement) or to any third party with respect to the Facilities. 12.10 Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this -6- Agreement. This Agreement is the product of negotiation between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Parry. Any rule of construction to the effect that ambiguities are to be resolved against the drafting parry shall not apply in interpreting this Agreement. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Cupertino shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. The recitals above and exhibits attached hereto are a substantive part of this Agreement and are hereby incorporated herein. 12.11 Permits and Licenses; Compliance with Law. Covenantor, at its expense, shall comply with all applicable legal requirements, including all federal, state, and local laws and regulations (including City ordinances, regulations and resolutions, and requirements of other agencies with jurisdiction), whether or not said laws or regulations are expressly stated in this Agreement, and obtain and maintain all necessary permits and licenses required in order to own, operate and maintain the Facilities. 12.12 Liens. Covenantor shall pay, when due, all persons furnishing labor or materials in connection with any work to be performed by or on behalf of Covenantor related to the Facilities, and shall keep City's interests in the Stormwater Facilities Area free and clear of any related mechanics' liens. 12.13 Joint and Several Liability. If Covenantor consists of more than one person or entity, the obligations of such persons and entities shall be joint and several. 12.14 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which taken together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGE(S) -7- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. ATTEST: irsten Squarcia City Clerk APPROVED AS TO FORM: MIJ,,Aol Woo ,- City Attorney COVENANTOR: Preg Emerson, LLC, a California Limited Liability Company By: 1*(./0 �/ I - Name: AN HO Y DESHAW 0 Title: VICE PRESIDENT (Notary acknowledgment to be attached) CITY: CITY OF CUPERT O, a municipal corporation By: O�#' Name: 0-111b M05L CJ Title: Pl2t-Ciatt of Poetic a/t4's (Notary acknowledgment to be attached) -8- 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 SAN MATEO ) On MARCH 24, 2025, before me, Z. VANESSA HERNANDEZ, NOTARY PUBLIC (Insert name and title of the officer) personally appeared ANTHONY DESHAW 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. Z. VANESSA HERNANDEZ NotaWITNESS my hand and official seal. San? eo CountyCalifornia � Commission # 2462123 San Comm. Expires Sep 4, 2027 Signatur (Seal) Exhibit A PROPERTY DESCRIPTION EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS. - BEGINNING AT AN IRON PIPE AT THE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 CONVEYED TO HYMAN WEISEL, ET UX, AND SIGMUND LIPSCHUTZ, BY DEED RECORDED IN BOOK 5630, PAGE 149 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 89° 30' 00" WEST 498.41 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 24° 05' 29" WEST 199.43 FEET; THENCE ALONG AN ARC OF A TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 705.00 FEET, THROUGH A CENTRAL ANGLE OF 6° 39' 48" AN ARC DISTANCE OF 81.99 FEET; THENCE NORTH 35' 05' 00" EAST 82.45 FEET; THENCE ALONG AN ARC OF A TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 15' 35' 22" AN ARC DISTANCE OF 108.84 FEET; THENCE TANGENT TO THE PRECEDING CURVE, NORTH 50° 40' 22" EAST 62.52 FEET; THENCE ALONG AN ARC OF A TANGENT TO THE LEFT WITH A RADIUS OF 550.00 FEET THROUGH A CENTRAL ANGLE OF 29° 50' 19" AN ARC DISTANCE OF 286.43 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT 11, TRACT NO. 1181 YEELAND HEIGHTS, AS SHOWN ON A MAP RECORDED IN BOOK 95, PAGES 38 AND 39 MAPS, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA; THENCE ALONG SAID SOUTHERLY LINE NORTH 89' 30' 30" EAST 132.29 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 11 IN THE WESTERLY LINE OF CRAFT DRIVE, AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY ALONG AN ARC OF A CURVE TO THE LEFT, FROM A TANGENT WHICH BEARS SOUTH 0° 30' 00" EAST WITH A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 138' 11' 24" AN ARC DISTANCE OF 96.48 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, WITH A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 48° 11' 24" AN ARC DISTANCE OF 16.82 FEET TO A POINT BEING DISTANT 20.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID TRACT NO. 1181; THENCE TANGENT TO THE PRECEDING CURVE AND RUNNING PARALLEL WITH AND DISTANT 20.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY LINE NORTH 89' 30' 00" EAST 15.32 FEET TO A POINT IN THE EASTERLY LINE OF THE SAID PARCEL 1; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING COURSES AND DISTANCES: SOUTH 0° 30' 00" EAST 280.00 FEET, NORTH 89° 30' 00" EAST 35.60 FEET AND SOUTH 0° 30' 00" EAST 373.13 FEET TO THE IRON PIPE AT THE POINT OF BEGINNING. EXCEPTING THEREFROM THE UNDERGROUND WATER, AS CONVEYED TO CALIFORNIA WATER SERVICE COMPANY, A CALIFORNIA CORPORATION, BY DEED RECORDED MAY 2, 1963 IN BOOK 6009, PAGE 102 OF OFFICIAL RECORDS, SO DESCRIBED IN THE DEED FROM HYMAN WEISEL, ET UX, TO CONGDON, DEL SECCO & ROSS INVESTMENT CO., RECORDED MARCH 15, 1968 IN BOOK 8057, PAGE 49.0 OFFICIAL RECORDS. Parcel Numbers: 375-03-005 3 LEGEND PRDPERTY LINE DRAINAGE AREA BOUNDARY — — — — — eloNE,ET„IDN BARN C_: ___= Q) PROPOSED STORM DRAIN (UNTREATED) — SD — SD — PROPOSED STORM DRAIN (TREATED) OVERFLOW DRAIN/DROP INLET OFD ■ STORM DRAIN JUNCTION BOX SDJU ■ AREA DRAIN AD 0 STORM DRAIN/SANITARY SEWER CLEANOUT SDCO • DRAINAGE AREA / DMA# BaRETENTION BASH / BB# NEW I PMVIOUS AREA - TREATED 0 NEW &MVIDUS AREA - TREATED N-LIM / /DMA- / � �r GRAPHIC SCALE 100 0 100 200 1730 N. FIRST STREET GARDENS OF FOUNTAIN BLED ® SUITE 600 EXHIBIT B - STORMWATER MANAGEMENT AREA SAN JOSE, CA 95112 ®® 467-9100 www.bkf.com Drawn: KH/BE Checked: BE Approved: JM/SS Job No.: 20201661 Date: 01 30 25 Sheet: 1 of 1 Exhibit B STORMWATER FACILITIES AREA Exhibit C FORM OF MAINTENANCE INSPECTION REPORT Stormwater Treatment Measure Operation and Maintenance Inspection Report for Gardens of Fountainbleu This report and attached Inspection and Maintenance Checklists document the inspection and maintenance conducted for the identified stormwater treatment measure(s) subject to the Maintenance Agreement between the City and the property owner during the annual reporting period indicated below. Property Information: Property Address or APN: 10200 Miller Avenue Cupertino, CA 95014 Property Owner: Preq Emerson LLC II. Contact Information: Name of person to contact regarding this report: Anthony Deshaw Phone number of contact person: (650) 931-3400 Address to which correspondence regarding this report should be directed: 1 North B Street Suite 4000 San Mateo, CA 94401 III. Reporting Period: This report, with the attached completed inspection checklists, documents the inspections and maintenance of the identified treatment measures during the time period from to _ IV. Stormwater Treatment Measure Information: The following stormwater treatment measures (identified treatment measures) are located on the property identified above and are subject to the Maintenance Agreement: Identifying Number of Treatment Measure Type of Treatment Measure Location of Treatment Measure on the Property B.B.1 Bioretention Area See Exhibit B — Storm Water Management Areas B.B.2 Bioretention Area See Exhibit B — Storm Water Management Areas B.B.3 Bioretention Area See Exhibit B — Storm Water Management Areas B.B.4 Bioretention Area See Exhibit B — Storm Water Management Areas V. Summary of Inspections and Maintenance: Summarize the following information using the attached Inspection and Maintenance Checklists: Identifying Number of Treatment Measure Date of Inspection Operation and Maintenance Activities Performed and Date(s) Conducted Additional Comments B.B.1 B.B.2 B.B.3 B.B.4 VI. Sediment Removal: Total amount of accumulated sediment removed from the stormwater treatment measure(s) during the reporting period: cubic yards. How was sediment disposed? ❑ landfill ❑ other location on -site as described in and allowed by the maintenance plan ❑ other, explain: VII. Inspector Information: The inspections documented in the attached Inspection and Maintenance Checklists were conducted by the following inspector(s): Inspector Name and Title Inspector's Employer and Address VIII. Certification: I hereby certify, under penalty of perjury, that the information presented in this report and attachments is true and complete: Signature of Property Owner or Other Responsible Party Date Type or Print Name Company Name Address Phone number: Email: 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 On before me, , Notary Public, (Here 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 true and correct. WITNESS my hand and official seal. Signature of Notary Public (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 INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears wit(iin his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/the} is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. — All Rights Reserved www.TheProLink.com — Nationwide Notary Service 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 April 22, 2025 before me, Kirsten Squarcia , Notary Public, (Here insert name and title of the officer) personally appeared Chad Mosley who proved to Ire on the basis of satisfactory evidence to be the person{) 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 personH, or the entity upon behalf of which the person{e) 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 m hand and official seal. *my KIRSTEN SQUARCIA yanNotary Public - CaliforniaSanta Clara County Commission # 2431589 (Notary Seal) Comm. Expires Dec 19, 2026 Signa re of Notary Public 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 INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal far a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,— is /afe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. — All Rights Reserved www.TheProLinkcom — Nationwide Notary Service