Recorded Agreement and Covenants - Filed Dec 13 201924356969
Regina Alcomendras
Santa Clara County - Clerk -Recorder
12/13/2019 08:39 AM
Recording Requested By: ) Titles: 1 Pages: 3
Fees: 31.00
Taxes: 0
City of Campbell ) Total: J31.00
1111 KPAOM Wh'INY00ILK 1� ICY lwibh 11111
And When Recorded Return To: )
City Clerk ) ACCRlVIE
City of Campbell )
70 N. First Street.
Campbell, CA 95008 ) FEB 0 6 2020
rR
APN: 412-35-039/040 (Space above thus a or e r use only.)
ADDRESS: 680 and 700 E McGlincy Ln.
J9WENKfflL?-AGREEN[ENT AND COVENANTS
THIS AGREEMENT, made and entered into this S- day of December, 2019, by
and between Trojan Storage Of Campbell LLC, hereinafter referred to as "Owner," and the
CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of
California, hereinafter referred to as "City."
WHEREAS, City granted conditional approval, of a Conditional Use Permit (File No.
PLN2018-337) (hereinafter referred to as the "Application") upon that certain real property
identified as Parcel 3 and Parcel 4 of the Parcel Map filed on September 15, 2006, in Book 806
of Maps, Pages 18 and 19, in the Office of the County Recorder, County of Santa Clara, State of
California, which property is hereinafter referred to as "said real property."
WHEREAS, compliance with the terms and conditions of this agreement are conditions
to the final approval of above described application;
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE -MENTIONED
APPROVAL and in partial fulfillment of the conditions of that approval, Owner hereby
covenants and agrees as follows:
1. Owner Shall indemnif-y an' defend (with counsel reasonably acceptable to thw
City) the City of Campbell, its officers, officials, employees, and agents to the fullest extent
permitted by law from any and all actions, liabilities, losses, torts and costs, including attorney's
fees, arising out of or connected with any challenge to the approval of the Application, except as
to any actions, liabilities, losses or costs proximately and solely caused by any willful misconduct
by the City;
2. In the event of a potential conflict between the interests of the City and the
interests of Owner, the Owner shall provide separate counsel acceptable to City at Owner's
expense;
BE
3. The provisions of this Agreement are intended to fully allocate all risk associated
with any challenge to the approval of the application to the Owner, and not the City. Neither
Owner nor his/her/their/its successor(s) shall have any right to indemnity or contribution from
City, its officers, officials, employees, or agents in law or equity for matters covered by the terms
of this Agreement;
4. Owner waives all rights to subrogation for any matters covered by this
Agreement;
5. It is acknowledged that the provisions of this Agreement constitute covenants for
the improvement of the said real property for the benefit of Owner's property. These covenants
shall be considered to affect rights in the above -described real properties, and shall be binding on
the heirs, assigns, successors, and grantees of Owner to said real property;
6. In the event that Owner, or his/her/their/its successor(s), should breach any of the
terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in
addition to any other relief available in law or equity, all costs incurred in attempting to obtain
enforcement of the Agreement, or compensation for such breach, including but not limited to
reasonable attorneys' fees and court costs, including the value of any time spent by the City
Attorney's Office;
7. This is the entire Agreement between the parties and there are no representations,
agreements, arrangements, or understandings that are not fully expressed herein; and this
Agreement cannot be modified except upon the written approval of the City;
8. This Agreement can be executed in counterparts by the parties hereto, and as so
executed shall consist of one agreement, binding on all the parties.
IN WITNESS WHEREOF, Owner, by executing this Agreement bellow hereby binds
itself and its successors:
O (S)
--r-U0 _),�/J W
(signature)
BaeTT 1 MA&IA&C
(name and title)
1'l3L AVad atJ PSL.VF>Seu-rc 21-1
(address) REvoapo DepcH , CA Ro'7_18
(Notary Acknowledgment for above
signatories) MUST be attached)
-2-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
y1XES1�1X1 .v?s cQ
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 L®S A tjGG &e S ))
OnDeceriapt io 2-0IR before me, HE01 k !`(E(r4DL� tJOTAO Ic46LIL
Date Here Insert Name and Title of the Officer
personally appeared ibiee -r A E r t Ay
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(,) whose name(b.) is are
subscribed to the within instrument and acknowledged to me that(F Vshe/they executed the same in
i her/their authorized capacity(, and that by &her/their signature(A on the instrument the person($),
or the entity upon behalf of which the person( acted, executed the instrument.
r HEIDI K. MEINDL
COMM. 92138422
NOTARY PUBLIC Q CALIFORNIA
LOS ANGELES•COUNTY
Commission ExD DEC 26. 2019
Place Notary Seal Above
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 .
Signature of Notary Public
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 �����(
Title or Type of Document: dNygt4bfiTn eff04F_ W Asp Document Date: ®�ce�,� � �! Zorq
Number of Pages: Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Bk rr 14goo-4
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
U _ "mr -d •ems " '�/.'a' '.v -el "ei 'e/4 .v ,v -.>"a�4�4�✓4�4�4�6C�'."cr4�✓4�✓,4�✓i"✓4��,4�4�.v:�✓4�✓G�� �.G`:4�.4v,'
MIT