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25-110 Stormwater Maintenance Facilities Operation, Maintenance and Easement Agreement, 10490 South De Anza Blvd, Cupertino, CA 95014 APN 69-39-042RECORDING 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 25849008 Margaret Olaiya Santa Clara County - Clerk -Recorder 08/04/2025 11:18 AM Titles: 1 Pages: 26 Fees: $0.00 Taxes: 0 Total: $0.00 •III VlfIn Ra 11 'LrA LI.r"'ll LL1h KU WA1'AA LI), 11111 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES OPERATION, AND MAINTENANCE & EASEMENT AGREEMENT 10490 South De Anza Blvd, Cupertino, CA 95014 APN 369-39-042 O Original O 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. STORMWATFR MANAGEMENT FAC'.TT.TTTFS OPERATION, MAINTENANCE AND EASEMENT AGREEMENT 10490 South De Anza Blvd APN 369-39-042 This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT GREEMENT ("Agreement") is made and entered into this La day of F, ..tM2 , 20 , by Liaoning Benefit Petroleum, a (US) Corporation ("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"). R The Covenanter is the nwner of a certain tract or narce1 of land desionatecl as APN 369- 39-042 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 (` v aciiities") as more particularly described and shown in the Stormwater Management Plan prepared by RW Engineering, Inc. and dated 03-01-2024, 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 shaii be subject to this Agreement. ine 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, easement, 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 Ordinance, (b) manufacturer's recommendations where applicable, (c) the SWMP and any amendments thereto that have been approved by the City, 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 i St 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- M 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. Grant of Easement. Covenantor hereby grants to City a nonexclusive, access and maintenance easement ("Easement") 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 Cites 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 icemedies. if foiiowing 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) hoursprior 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. Lily: 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: Liaoning Benefit Petroleum (US) Corporation 1625 The Alameda, Suite 202 San Jose, CA 95126 Attention: Edwin Yim 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 -5- 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. 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 relcrenl,e LV lL 1d1V11.G Vf lawo plUvISIG J. Any U1spuLL relaLGU Lo L11e UILeI! LQL1Vu Vr 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 1�gr�CluCiu. 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 UGLe111111leU LU UC 111ValIU Ul uilellIUll:CAUle u11Ue1 L11G LOWS Uf L11G JLQLC UI k dHIU1111U, Llle 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 Q 11liaulc law. No 1M1uIG 01 deia y U Y rill aL all Llllle Lo rG IAlrc sL11�+L -PGl1U1111an1,e U pp y y y y K ��" Y 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 1 1 1 1 /1 rr 1 T 1 P C r 1 l"t / 1. 0 IL4I PM 1 J- greemenL Lo oe recorueu in me V111G1al 1cecUrus Ul aanLd %-Idra uounLy, 1,a111UIIlla k V111cial 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. M 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 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 Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party 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 FOLL O WING PA GE(S) b! IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. COVENANTOR: Liaoning Fs "eir leum (US) Corporation By: Name: Title: �p (Notary acknowledgment to be attached) CITY: CITY OF CUPERTJTO, a municipal corporation By: Name: CHRO p1o5t EY Title: p/r2E?lot o r pu,3i iC °R/t5 (Notary acknowledgment to be attacnea) ATTEST: Kirsten Squarcia, City Clerk APPROVED AS TO FORM: City Attorney M 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 /q- IGl rh,e d On 06/151' 2 before me, Dew l-ry kife4rh Cd cui aj O' ,Notary Public, (I -ire inert -came and title of Else officer) personally appeared owin �I n c, V h \1 I yh who proved to me on the basis of satisfactory evidence to be the person(whose name)is/ubscribed to the within instrument and acknowledged to me that he/sue/they executed the same in his/hecIthic authorized capacity(iesj; and that by his/hef/their signature(o on the instrument the person(s), or the entity upon behalf of which the persons) 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. ne.e,1-�ublic[i�*ic5�,�,�( Signature of Notary DEMETRY ADREAM CABANAS RIGS COMM. # 2495187 g_ N NOTARY PUSUC•CAUPORNIA ALAMEDA COUNTY • MY COMMISSION EXPIRES (Notary Seal) JULY 21, 2028 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 uppeure uuuve in the rruiury setitiun ur a sepuruie ucknuwieu'grn ni furir, roust 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 he 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 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. lse/she/t-lle3,- 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. •3 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. — AU 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 O1l July 21, 2025 before me, Lauren Sapudar (Here insert name and title of the officer) personally appeared Chad Mosley Notary Public, who proved to me on the basis of satisfactory evidence to be the erso ) whos na (sG/are subscribed to the within instrument and acknowledged to me that he/they executed the same in l /her/their authorized c�a(ies), and that bye/her/their s' n e(s) on the instrument the rs (s), or the entity upon behalf of which the p oy 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. ��� LAUREN SAPUDAR WITNE S my hand and official seal. Notary Public California `__ T Santa Clara County 9 +` Commission # 2409321 `'�• •"�� My Comm. Expires Jun 28, 2026 Si atui 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 ([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 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/theme 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.TheProLinkcom — Nationwide Notary Service Exhibit A PROPERTY EXHIBIT "A" Legal Description For APN/Parcel ID(s): 369-39-042 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: PARCEL ONE BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN, AT THE INTERSECTION THEREOF WITH A LINE PARALLEL WITH AND DISTANT 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE ORIGINAL CENTERLINE OF SARATOGA-SUNNYVALE ROAD; THENCE LEAVING SAID POINT OF BEGINNING ALONG SAID PARALLEL LINE NORTH 0° 53' 20" EAST, 124.94 FEET; THENCE LEAVING SAID PARALLEL LINE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 30.00 FEET THROUGH A CENTRAL ANGLE OF 90° 06' 40" FOR AN ARC LENGTH OF 47.18 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 155.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY LINE OF SECTION 13; THENCE ALONG SAID PARALLEL LINE SOUTH 89° 00' EAST 79.94 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 170.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID ORIGINAL CENTERLINE OF SARATOGA-SUNNYVALE ROAD; THENCE LEAVING SAID LINE PARALLEL VVI T H SAID SOUTHERLY LINE OF SECTION 13 ALONG SAID LINE PARALLEL WITH SARATOGA-SUNNYVALE ROAD SOUTH 0° 53' 20" WEST 155.00 FEET TO A POINT ON SAID SOUTHERLY LINE OF SECTION 13; THENCE LEAVING SAID PARALLEL LINE ALONG SAID SOUTHERLY LINE OF SECTION 13, NORTH 89° 00' WEST 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION CONVEYED TO THE CITY OF CUPERTINO BY CORPORATION GRANT DEED RECORDED MARCH 3, 1987 IN BOOK 0K60, PAGE 2146, INSTRUMENT NO. 9182233, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL SHOWN ON THE RECORD OF SURVEY RECORDED IN BOOK 154 OF MAPS, AT PAGE 4, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY COMER OF SAID PARCEL, SAID POINT OF BEGINNING BEING ON THE SOUTHERLY LINE OF PACIFICA DRIVE (30 FOOT HALF- STREET) AS SAID LINE AND DRIVE ARE SHOWN ON SAID RECORD OF SURVEY; THENCE FROM SAID POINT OF BEGINNING WESTERLY Al (1N(_ TI -IF NQRTHFRI Y I IMP (IF SAIn PAPC'.FI NCIPTH Rq° nn, nn" \A/PST 47 46 FFFT TCl THE TRI IF POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID NORTHERLY LINE NORTH 89° 00' 00" WEST 37.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY 47.18 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 90° 06' 40" TO A POINT ON THE EASTERLY LINE OF SOUTH DE ANZA BOULEVARD (FORMERLY SARATOGA-SUNNYVALE ROAD 60 FOOT HALF -STREET) AS SHOWN ON AFORESAID RECORD OF SURVEY; THENCE SOUTHERLY ALONG SAID EASTERLY LINE SOUTH 0° 53' 20" WEST 15.56 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 20.00 FEET: THENCE NORTHERLY AND NORTHEASTERLY 17.10 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 48° 59' 59" ; THENCE ALONG A TANGENT LINE NORTHEASTERLY NORTH 49° 53' 19" EAST 3.69 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 122.00 FEET; THENCE NORTHEASTERLY 65.42 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 30° 43' 21" TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. EXHIBIT "A" Legal Description (continued) PARCEL TWO: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS APPURTENANT TO THE ABOVE DESCRIBED PARCEL ONE OVER THE FOLLOWING DESCRIBED PARCEL OF LAND:' BEGINNING AT THE' POINT OF INTERSECTION OF THE ORIGINAL CENTERLINE OF SARATOGA-SUNNYVALE ROAD, WITH THE SOUTHERLY LINE OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE FROM SAID POINT OF BEGINNING SOU T i-I 89` UUEAST ALONG THE SAID SOUTHERLY LINE OF SAID SECT ION 13, FUR A DISTANCE OF 170.00 FEET; THENCE LEAVING LAST MENTIONED LINE AND RUNNING NORTH 0° 53' 20" EAST AND PARALLEL WITH THE SAID CENTERLINE OF SARATOGA-SUNNYVALE ROAD, FOR A DISTANCE OF 135.00 FEET AND THE TRUE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 0° 53' 20" EAST AND PARALLEL WITH THE SAID CENTERLINE OF SARATOGA-SUNNYVALE ROAD, FOR A DISTANCE OF 20.00 FEET TO THE NORTHEASTERLY CORNER OF THE ABOVE DESCRIBED PARCEL ONE IN THE SOUTHERLY LINE OF PACIFICA DRIVE, AS SAID DRIVE IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "RECORD OF ['I ;n\ /rV/ r/'ln 111 Inn r I r /l11 0 1"rrinnnin 1',llRnnn hll/ll to,, llnl I I, A A rl IA/ A C' r11 rn rnn RECORD IAI TI Ir J VIIV L I r(.!\ 111JIVIULL 111E (X f1Lr111 1V(J L,VIVIf-/'11V 1 , vvI I Ivir VV/1J UILLLJ r'Jll 11V 1 I IL OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 29, 1962 IN BOOK 154 OF MAPS, AT PAGE 4; THENCE SOUTH 89° 00' EAST ALONG THE SAID SOUTHERLY LINE OF SOUTHERLY LINE OF PACIFICA DRIVE, FOR A DISTANCE OF 20.00 FEET; THENCE SOUTH 45° 56' 55" WEST 28.26 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING ALL UNDERGROUND WATER RIGHTS AS CONVEYED TO THE CITY OF CUPERTINO BY DEED RECORDED JULY 23, 2020 AS INSTRUMENT NO. 24551162, OF OFFICIAL RECORDS. APN: 369-39-042 ARB: 371-02-47.01 Exhibit B STORMWATER FACILITIES AREA STORM`A/ATGo rern ITIGQ AI�GAQ EXHIBIT B - STORM WATER FACILITIES AREAS In lI mNp�N !i!!°!P _a�AAoo�m Ki �n�zo o 8 �aoo p o �9ox =om-z� o R m "ffy om g�A0 �m`vg3s mB8 8 z_ ou ��azFi - 3�n.,w 1 - m (vl(,l 8 ~czim o _ rdk :=z„o� oo�m m gA[oo n o gBo�g$ a m�"ooa`am O s N E ® ?� c �� �� R+ 6 Amy Em, biz 9 o A8 i 6'A mods o oc ;Pr m oU�o a m 4o y0A imm STORM WATER MANAGEMENT PLAN FOR 10490 S. DE ANZA BLVD APN .5 9-iY-U42 CUPERTINO CALIFORNIA o, I C.D °II'''.'��---- ADVANCED DEVELOPMENT 8899 96Y✓AYW COURT (!O9) 978-0670 978-0670 JAro9 SA/901N CML £NC/N£9R Exhibit C FORM OF MAINTENANCE INSPECTION REPORT Bio-Filtration Swale Maintenance Plan for Gas Station @ 10490 S. De Anza Boulevard, Cupertino, CA 95014 Date: Project Address: 10490 S. De Anza Bl., Cupertino, CA Cross Streets: Pacifica Drive Assessor's Parcel No.: 369-39-042 Property Owner: Liaoning Benefit Investment, LLC Phone No.: (510) 388-0170 Designated Contact: Edwin Yim Phone No.: (510) 388-0170 Mailing Address: 42840 Christy Street, Suite 209, Fremont, CA 94538 The property contains two (2) Bio-Filtration Swales, located as described below and as shown in the attached site plan'. • Bio-Filtration Swale No. 1 is located on the east side of property identified as Bio East. • Bio-Filtration Swale No. 2 is located on the south side of property identified as Bio South. I. Routine Maintenance Activities The principal maintenance objectives are to ensure that water flows unimpeded into the bio-filtration swale and landscaping remains attractive in appearance. Table 1 shows the routine maintenafloe activities, and the frequency at which they will he conducted. Table 1 Routine Maintenance Activities for Flow -Through Planters No. Maintenance Task Frequency of Task 1 Inspect the swale surface area, inlets and outlets for obstructions and trash; Quarterly clear any obstructions and remove trash. 2 Inspect swale for standing water. If standing water does not drain within 2-3 Quarterly days, the surface biotreatment soil should be tilled or replaced with the approved soil mix and replanted. Use the cleanout riser to clear any underdrains of obstructions or clogging material. 3 Check for eroded or settled biotreatment soil media. Level soil with rake and Quarterly remove/replant vegetation as necessary. 4 Maintain the vegetation and irrigation system. Prune and weed to keep bio- Quarterly filtration swale neat and orderly in appearance. 5 Evaluate health and density of vegetation. Remove and replace all dead Annually, before the rainy and diseased vegetation. Remove excessive growth of plants that are too season begins close together. 6 Use compost and other natural soil amendments and fertilizers instead of Annually, before the rainy synthetic fertilizers, especially if the system uses an underdrain. season begins 7 Inspect the overflow pipe to make sure that it can safely convey excess flows Annually, before the rainy to a storm drain. Repair or replace any damaged or disconnected piping. season begins Use the cleanout riser to clear underdrains of obstructions or clogging material. 8 Inspect the energy dissipator at the inlet to ensure it is functioning Annually, before the rainy adequately, and that there is no scour of the surface mulch. Remove any season begins accumulation of sediment. 9 Inspect and, if needed, replace wood mulch. It is recommended that 2" to 3" Annually, before the rainy of composted arbor mulch be applied once a year. season begins Attached site plan must match the site plan exhibit to Maintenance Agreement. Page 1 Bio-Filtration Swale Maintenance Plan Date of Inspection: Property Address: 10490 S. De Anza BI., Cupertino, CA 95014 Treatment Measure No.: 10 Inspect system for erosion of biotreatment soil media, loss of mulch, Annually at the end of the rainy standing water, clogged overflows, weeds, trash and dead plants. If using season and/or after large storm rnrk mi ilrh, rhark fnr 3" of r.myerana a\iantc 11 Inspect system for structural integrity of walls, flow spreaders, energy Annually at the end of the rainy dissipators, curb cuts, outlets and flow splitters, season and/or after large storm events, Use of Pesticides Do not use pesticides or other chemical applications to treat diseased plants, control weeds or removed unwanted growth. Employ non -chemical controls (biological, physical and cultural controls) to treat a pest problem. Prune plants properly and at the appropriate time of year. Provide adequate irrigation for landscape plants. Do not over water. III. Vector Control Standing water shall not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the Santa Clara Valley Vector Control District (District). Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the District, and then only by a licensed professional or contractor. Contact information for the District is provided below. Santa Clara Valley Vector Control District 1580 Berger Dr. San Jose, California 95112 Phone: (408) 918-4770 / (800) 675-1155 - Fax: (408) 298-6356 www.sccgov.org/portal/site/vector IV. Inspections The attached Bio-Filtration Swale Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted. Page 2 Cl) Y V d V 3 = . C Oc •rUCC i.� Q. N C O c O m N ca O) U) v, U)._ It, o- LLl ❑ C ❑ n C C O U) C _ a 4 CU) _O a) W Q Q U � OO Co ❑ U m Co N C 0 0) 0 o z U) U) Co I- U) QCl) U) E Co o m U) CL ≥ O N _O U N C •(La U .co p - C p O C CO E C (6 L E Q 7 C (Q U) m C C O- U •� 'B O C 0 A N p U Z'� c m aid m m c d t. w a) p L O c m t = m o a) a c C N cn Y 7 rn c d y �- U U a U C vi m O a 7 ` U U C .� m U F UO a) C -•L N 2• V W Co •- C C(0 O C .2 a) > �L, O or C cao 7a) a' a� U) w �m (000> `�a a)) aom�(n CO am OE co. CO �- r a N Cl) O L U) U •D E � U) C -p _U) w= C C L N O U) 0 O) a) - 'p O aC 7_ E a,c a) O.� ma) a 3 C O p 0 Cl) > C L m a) a) >.S U) com �i� (!),x -O 3 d U) ❑ U 0.2 n UCa— 2 3 c O U C C co a) CO c a C CD_ $ m „•, CO E 0 c � � c c-° _ m U a) N -O E °' c a� Eo u U C C CU —" ac) d 2 J O L p L O (I) g) 3 O = a) O e Coa c C a� v)o :a ,m -0 U) a) 0 >, .` _ L -dO m X c O) a O C Co N C -E O a) C 3 a) a to 'U) a) U E a) >+ E c U) 0- a O y C Q O) p V a)_00 > m _C a) O •� o m camSa .2 O C) _ .- a •� U U o ` •L � O O.E o .O - 'c -O O •0 C a) U).. O C m s= >+_Q" NE - U C ` p a) U) .2 N cn aj U c OCO Co p•C c 0 "C C c 3 a E° 'mom vi C- L p Co "O C m a) E Q O -O L L cn.S (L6 O O V) a a) V) m OW �0 a a U - C m 'p m f 0- CIDE5 O m L U C m a0 o'cn °)> >o O U) c° rGm mU�� cnmacO ma= 4.m o 00ma)� LL❑'Oc oo(n ❑!n -a ma dm c0�0 <c2 -o U) U) C (La C F- g O) c m v) 0 n `ni U) 0 C U) « C 3 O 0.. m a) a) C C E❑ n� 0 N' •f') C- U � O) O c O L > 0 m U > Cl) 7 ≥ U) m < U ❑ v) O U) U) > G .- N M (n (O N- a)) aA Pervious Paving Maintenance Plan for Gas Station @ 10490 S. De Anza Boulevard, Cupertino, CA 95014 Date: Project Address: 10490 S. De Anza Bl., Cupertino, CA Cross Streets: Pacifica Drive Assessor's Parcel No.: 369-39-042 Property Owner: Liaoning Benefit Investment, LLC Phone No.: (510) 388-0170 Designated Contact: Edwin Yim Phone No.: (510) 388-0170 Mailing Address: 42840 Christy Street, Suite 209, Fremont, CA 94538 The property contains two (2) pervious paving areas, located as described below and as shown in the attached site plan'. • Pervious Paving Area No. 1 is the parking area on the north side of property adjacent to trash enclosure identified as Detention Basin North. • Pervious Paving Area No. 2 is the parking area on the south side of property at southerly driveway entrance identified as Detention Basin South. I. Routine Maintenance Activities T..... ... i 1 :u....j... .. 1.. L 11 J L.I.. I yt.JCJ VI pel VIVIIJ i.Jd VCi I ICI II IIILlUUC iJ i VIUUJ I,U1 II,reie, pui UUJ clop) lilt, G71 IU pCrII ICCIUIC interlocking concrete pavement (PICP), concrete grid pavers, and plastic reinforcement grid pavers. The principal maintenance objective is to prevent sediment buildup and clogging, which reduces infiltration capacity and pollutant removal efficiency. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1. Takla 1 Routine Maintenance Activities for Pervious Paving Areas No. Maintenance Task Frequency of Task I Check for sediment and debris accumulation. Prevent soil from Two to four times annually washing or blowing onto the pavement. Do not store sand, soil, mulch or other landscaping materials on pervious pavement surfaces. 2 Conduct preventative surface cleaning, using commercially available Two to four times annually regenerative air or vacuum sweepers, to remove sediment and debris. 3 Inspect for any signs of pavement failure. Repair any surface Two to four times annually deformations or broken pavers. Replace missing joint filler in PICP. 4 Check for standing water on the pavement surface within 30 minutes Two to four times annually after a storm event. 5 Inspect underdrain outlets and cleanouts, preferably before the wet Two to four times annually season. Remove trash/debris. R Remove sediment and dehrls arrumlllatinn on nervinlis pavement. Two to four times annually 7 Remove weeds. Mow vegetation in grid pavements (such as turf As needed block) as needed. 8 Perform restorative surface cleaning with a vacuum sweeper, and/or As needed reconstruction of part of the pervious surface to restore surface permeability as needed. Replenish aggregate in PICP joints or grids as needed after restorative surface cleaning. 1 Attached site plan must match the site plan exhibit to Maintenance Agreement. Page 1 Pervious Pavement Maintenance Plan Date of Inspection: Property Address: 10490 S. De Anza Boulevard, CA 95014 Treatment Measure No.: Table 1 Routine Maintenance Activities for Pervious Paving Areas No. Maintenance Task Frequency of Task 9 Power washing with simultaneous vacuuming also can be used to As needed restore surface infiltration to highly clogged areas of pervious concrete, porous asphalt or PICP, but is not recommended for grid pavements. 10 Inspect pervious paving area using the attached inspection checklist. Quarterly or as needed II I Ica of Pcctirirlcc Do not use pesticides or other chemical applications to control weeds or unwanted growth near pavement or between pavers. Ill. Vector Control Ctnndinn %neater shall not rarnnin in the trnotmn�,nt manc�irec fnr mere than fide r„lavc to nre�ient wy mosquito generation. Should any mosquito issues arise, contact the Santa Clara Valley Vector Control District (District). Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the District, and then only by a licensed professional or contractor. Contact information for the District is provided below. Santa Clara Valley Vector Control District 1580 Berger Dr. San Jose, California 95112 Phone: (408) 918-4770 / (800) 675-1155 - Fax: (408) 298-6356 www.sccqov.org/portal/site/vector IV. Inspections The attached Pervious Pavement Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted. Page 2 C) a, C) a, U C C C, .F. C tC C O a, Q. H C c c W U) O a U 0 0 a- 0 U) U) Q) t U) O ii C O C U) O m U) N U) VJ M W C O U) O U) C 0 U) a >+ F - c O U U) a - U) C 4- O C O Z U) U) co U) G C U) E m a) I- 0 U) U) C N �=� O -O O o C o ≥ 0 7 O p 0 0 O E V 0 '6 0 O 7 N •C cn m L vim- Q C -O -O N O -O E L > -O C 0 m m oa.0c o m o Z t' (Uc6OC?' Fina)c m -0C U) •' E C 0 O(U LL U) ++ N O O O>> a) .� a) 'O .O 0. " a? C O) K aJ mD--0 7 0 -C r W O O-a)30cn (>9 O —O -00-< In > (Dm O m O)o (U U) C o 7 C o U C 0•- o o o mY 41 Q fn m "O (U.CU) ma can•- C "O W ) I-in.C F aa0 /).o Z Z 3 C C c (Ua) c a C aci W_ c '3 E '0O N C O c c a _-00a) -o E °) C EaQ U°Oc d Z c Cl. m ( d z U) C C > G q a a) R1 C �C > m C > m r 4) N .C C O QUO m 0- > 0 v) 0 0 O O• `) 1(U U p Cp a)•- o m U)• f L) ac C fl >22 O C) Oo cn 00. C 0 U) V C C C 0 C C . + C C U) C m - m 0 E C 100 3 E 0 0- >p O.G (�6 C.O. O m O 0•)C L) O O �O C y E o L cn O • m Q) U) Q) ` Q).U) 0 'O -- O d . m>mo cLL) t a)> mcm >p)a)a) OZ ?ac*� F -m c V) >Q -.(0 o < a.-oo CO c O m c c 0 C) o0 7 y N C) O m ( 'a (U 0 c �•E•c c V m o a) m 'a m U) cn m N m > iU c Z O r' [j—WDtO N M d L CD CO U) O) CO C-' C CO Ii U C CO C C CO U) E a) (0 d U) O U) a- 10490 S. De Anza Boulevard Cupertino, CA 95014 Stormwater Treatment Measure Operation and Maintenance inspection Report to the City of Cupertino, Caiirornia 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 of Cupertino and the property owner during the annual reporting period indicated below. I. Property Information: Property Address: 10490 S. De Anza BI., Cupertino, CA APN: 369-39-042 Property Owner: Liaoning Benefit Investment, LLC II. Contact Information: Name of person to contact regarding this report: Edwin Yim Phone number of contact person: (510} 388-0170 Email: ed imk1bpusa.com Address to which correspondence regarding this report should be directed: 42840 Christy Street, Suite 209, Fremont, CA 94538 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 V. Summary of Inspections and Maintenance: Page 1 O&M Inspection Report 10490 S. De Anza Boulevard Cupertino, CA 95014 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 VI. Sediment Removal: Total amount of accumulated sediment removed from the stormwater treatment measure(s) during the reporting period: cubic yards. How was sedimentdisposed? El landfill El other location on -site as described in and allowed by the maintenance plan ❑ other, explain VII. Inspector Information: Page 2 O&M Inspection Report 10490 S. De Anza Boulevard Cupertino, CA 95014 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: Page 3 O&M Inspection Report