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15-015 Maintenance Agreement for 10049 Imperial Ave APN 357-17-013 RECORDING REQUESTED BY: DOCUMENT: 22900272 Pages: 8
Fees. . . . No Fees
City of Cupertino Taxes. . .Copies. .Copies. .
WHEN RECORDED,MAIL TO: AMT PAID
REGINA ALCOMENDRAS RDE # 005
City Clerks Office SANTA CLARA COUNTY RECORDER 3/30/2015
City of Cupertino Recorded at the request of 1 : 10 PM
10300 Torre Avenue City
Cupertino, CA 95014-3255
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(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
MAINTENANCE AGREEMENT
10049 Imperial Avenue, Cupertino, CA 95014
APN 357-17-013
riginal
0 For Fast Endorsement
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RECORDED AT THE REQUEST OF )
And )
WHEN RECORDED RETURN TO: )
SPACE ABOVE FOR RECORDER'S USE ONLY
MAINTENANCE AGREEMENT
10049 Imperial Avenue,Cupertino., CA.95014
APN 357-Y" 0 i3
THIS MAINTENANCE AGREEMENT("Agreement')is made and entered into this Z+/L,
day ofF"!!X,20 i5. Ding-Gwo Long and Shirley L. Long ("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 a mixed residential and commercial
development is located at 10049 Imperial Avenue, 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 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 10049 Imperial Avenue, Cupertino CA in front
of the 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.
1
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, landscaping and irrigation system located
on the portion of the City's property that abuts and fronts the Project ("the Frontage Area of the
Project") along 10049 Imperial Avenue to back of curb line, excepting therefrom the standard
public sidewalk abutting the property line of the Project which shall remain the maintenance
responsibility of the City. Exhibit `B" shows the portion of the City's property for which
Declarant is responsible for maintenance hereunder.
3. Definitions of Repair, Replacement and Maintenance: The repair, replacement and
maintenance to be undertaken and performed under this Agreement shall include all work
necessary to maintain the Frontage Area of the Project described in paragraph 2 and delineated on
Exhibit `B" 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 Imperial Avenue. 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 Re ag rdin,g 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: Declarant shall, to the fullest extent allowed by law, defend, indemnify, and
.hold harmless the City and its officers, officials, agents, employees and volunteers from and
..against any liability, claims, actions,causes of action or demands whatsoever against any of them,
including any injury to or death of any person or damage to property or other liability of any
nature, whether physical, emotional, consequential or otherwise, arising out, 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 and delineated on Exhibit `B". These costs and expenses shall include reasonable
attorneys' fees of counsel of City's choice, expert fees and all other cost and fees of litigation.
This indemnity is limited to the extent that the claims, liabilities, actions, causes of action, and
damages arise out of the sole negligence of City's employees,agents,representatives, contractors,
vendors or consultants.
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
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.
2
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. 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.
Executed the day and year first above written.
DECLARANT:
Owners
By: f �� 6�
Ding-G Long
By: vT �/GTL'/�.. Y (notary acknowledgement attached)
Shirley j L. Long
CITY OF CUPERTINO
By.
Timm Borden
Director of Public Works
Approved as to Form
City Attorney
3
LW
EXHlBr.
........ . .
The land referred to,is situatetl in rhe County.of Santa.Cfara;.City pf Cupertino, State.of
Calif n'(a:and is Described'as foil' _
Begfnnrng a �pi point.Qp the Westeriy lore of Impen a1 Avenue, distant,thereoh 125 feetNortheriy� .
=from t he point of intersechoq of the llVesterly.iine of Imperial AV nue vui the Northerly line of. ...
':..: Grana day Street, thence running fdort3�eriy�and_along:.tfi6Msterly Ime ofIm:peria!`Avenue; II
62.50.foot;thence rcannm 1Nie erfy and parallel with the Northerly Ime of Granada.Street,ifs
- 9 -
feett thence running 5aurheriy arid:paraliel with Westerly.lme of Imperial Avenue,62.50 feet;,: I
thence runnutg easterly and:parallel with the Northerly finit.of Granada Street, 115 feet to the: . . r
point of beginning,_and being part of hots 8, 9 and.O in_Block.2',as laid dawn,.designatedend
delineated upnri;that certalii:Map,enbtled :'.'Resubdivision of SUmIVlsion No,.1;Town.of Monte
Vista and which Map was;filed for Record in the'OfFee:of the'Couritiy lteoorder:.ofthe County of
Santa...Clara:.State of:California;:on!April 11, 1917 in Book P of Maps.at Pa a 24.
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AM 357-17-013 h
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EXHIBIT B
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m P E. AL A / E N U E
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CALIFORNIA ALL-PURPOSE
�CERTIFICA.TE OF ACKNOWLEDGMENT
3 �
State of California. A notary public or other officer completing this j I
Certificate verifies only the identity of the individual ?
`//`++^^ who signed the document to which this certificate ? 1
County,of e ^�/�1�,��,y} iS attached,and not the truthfulness,accuracy,
Cr vmlidity of that document 3
i
On !0 before me /�X%z Ale
(Here insert name and:titic"ofthe officer):
personally appeared A.UCr_ 6wo 1-�& v, 2—ty-l—letery a
who proved t0.Me on:the"basis of satisfactory evidence to be the.person(s) whose names)mare subscribed to
the within instrument and acknowledged.to me that"�(el�elthey executed the,same in VsAhpeltheir authorized
capachy(ies),and.that lis/hX/their signatures)on the instrurnenfthe,perso>t�(s),cir the entity upo>x"behalf of
which the persons)anted,.executed.the.instrument.
I'certify under`PENALTY.OF"PERJURY under the laws.of the State forn
"of Caliia that the foregoing paragraph �
true and correct.
E�w°FrsF KIRTI I.PATEL
NOTARY PUBLIC-CALIFORNIA 1
WITNESSIny band and officio seal. a COMMISSION#2004695
® SANTA CLARA COUNTY
My Comm.Exp.January 27,2017
Signature;ofNotary l?ublis (Notary Seal'
ADDITIONAL,OPTIOINALINFORMATION I
INSTRUCTIONS:FOR,COMPLETINGMS.FORM
>Any aekrrowledgment cotnatei. rn iiilifarnia must cbnfrr`in verbiage a aCtTy as
DESCRIPTION OF"THE ATTACHEDDOCUMENT appears.above in the notarysection or.-separate aelarortiledgment;fonn must be
properly eorripleted and attached to the r document. The only exception is;tf'a. 7
�- doewnent is-to be recorded airtside.of Gal fot#ia:Tn"such instances;any allerntitxlArl 61,4V ve
tion of attached doctunenf) acknowledgment verbiage"as may be Printed on such a document so long as"the
(Title or descrip
verbiage"dries.not require"the:no"tar�to.do Something that is illegal for a notary in
eat forniitline: cert fying the aufhorized'.capaa ty of"the signer}. 7'lease check the.
(3itle"or.descripiion of attachptl docwnent:aontinueS} document:cai Allyforproper notar idt w.4d g andAttaeh this form jrequired
Number of"Pages: 3 Document Date.a /� / � � stgrter(s)pers6 lly appeared befor a th notary pub c for knowledgmcdocumcm
Dat©of notarizatibn"must beAe.date.thatthe.signer(s)personally.appeared which
mustalso be the same date the"acknoEv edgment is completed
(Additional inform_ anon} a 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 pubH4
• Print the name(a);of document signers)who personally appear'at the time"of
notaiization.
CAPA" CLAIMED by THE SIGNER • Indicate the correct singular or pWrAL forms by;ermsing off incorrect forms-,(i:e.
Vi U21(S he/sltelttiey,ii 450.or or circling the eorrect farms.Tailure to correctly'indicate:this
information may lead to rejection of document recording.
D. Co orate Officer ,
� The notary seal impression must lie clear and,phoWgraphically reproducible,
Impression mgq.xnoj Boyer;text or lines.If seal,impressign smudges,rc-swl ifa
(Title) sufficient area permits,otherwise coml5 te"a different acknowledgnmt,fnrm,
El Partner(s), • Siguatuie"of the notary-publie'must match the signature oii.file vritl"tlie,office..of
the county clerk.
❑ Attorney in Fact: <r Additional itifartnation is".not;required but could"help tq ensure"this
Trustees) acknowledgment is not misused or attached.1;6 a'different document; I
El Other. Indicate title or type"of attached document,number of pages:and date.
Indicate the capacity clauned`by the signer,If th'e.claimed'capacity is a"
corporate ftcer,indicate the title(i.e.CEO;CFO,%Secretary)
o Securelyattach.this document to the signed.document
.. d
tiro tiro y
2O UersicACAPA x1,2.10.07:8.00-$73-9$fi5, www.NotagClassesxom
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 (j' m,rg )
On /l A"-CA 191 2-0( 5- before me,
Date Here Insert Name and Title of the Officer
personally appeared TI M M o R P E rJ
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personK whose name(Kpare
subscribed to the within instrument and acknowledged to me that(' e he/they executed the same in
Der/their authorized capacity j,and that b his er/their signatureoron the instrument the person(,
or the entity upon behalf of which the personXa-c ed, executed the instrument.
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.
KIRSTEN RENEE SOUARCIA
_ Commission#2080884
a •-� Notar, Public-California z
Z ' Santa Clara County ' Signatures
My Comm. Expires Oct 4,2018 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document I'D°k 9 11 n1 P e-'-' ( A v-e- ,
Title or Type of Document:A°`ii-,,a^,_, 4� A�rec^ Fe-Document Date: i-e 2 120 15-
Number
SNumber of Pages: Signer(s) Other Than Named Above: - Csufo L ori
Capacity(ies) Claimed by Signer(s) Sh' e, L. L� 5
Signer's Name: Signer's Name:
❑Corporate Officer - Title(s): ❑Corporate Officer - Title(s):
❑Partner - ❑Limited ❑General ❑Partner - ❑ Limited ❑General
❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
