FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
NAME City of Cupertino
ADDRESS 10300 Torre Ave
CITY
STATE & ZIP
APNs 316-52-001 through 205 Space Above This Line for Recorder's Office Use Only Exempt from Recording Fee per Gov. Code §6103
FIRST AMENDMENT TO AFFORDABLE HOUSING COVENANT
AND RESTRICTIONS ON SALE PRICE
This FIRST AMENDMENT TO AFFORDABLE HOUSING COVENANT AND RESTRICTIONS ON SALE PRICE ("Amendment") is entered into as of _ 2025 by and between the CITY OF CUPERTINO, a municipal corporation ("City") and CUPERTINO PROPERTY DEVELOPMENT I, LLC, a California limited liability company ("Developer").
RECITALS:
A. Developer owns that certain real property located at 19800 Vallco Parkway, in the City of Cupertino ("City"), County of Santa Clara, State of California (APNs 316-52-001 through 205) ("Property").
B. The Property is subject to that certain Affordable Housing Covenant and Restriction on Sale Price between the parties dated March 17,2015 and recorded on April 10, 015 as Instrument No. 22913410 in the County of Santa Clara's official records ("Covenant Agreement").
C. The Covenant Agreement was recorded by that Certain Performance Deed of Trust dated March 17, 2015 and recorded on April 10, 2015 as Instrument No. 22913411 in the County of Santa Clara's official records ("Deed of Trust").
D. The parties have mutually agreed the Deed of Trust should be reconveyed and that the Covenant Agreement will no longer be secured by the Deed of Trust.
Agreement and agree as follows:
AGREEMENT
meaning in the Covend Agreem ll terms not specifically defined in this Amendment shall have the Amendment. The Covenant Agreement is amended to delete all references to th leed of Trust and to confirm that the Covenant Agreement is no longer secured by the Deed of Trus Reaffirmation of Covenant Agreement. Except as amended by this Amendment, the 01276.0013 2034683.1 1
Covenant Agreement is hereby reaffirmed, ratified and confirmed in its entirety. If there is any conflict, inconsistency or ambiguity between the Covenant Agreement and this Amendment, then this Amendment shall govern and control.
Entire Agreement. The Covenant Agreement as amended by this Amendment constitutes the entire agreement and supersedes any prior written or oral agreements between the parties with respect to the specific matters addressed herein.
Construction. This Amendment shall be construed according to its fair meaning as if prepared by both parties to this Amendment.
Counterpart Execution. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall be deemed but one and the same instrument.
IN WITNESS WHEREOF, this Amendment has been executed by City and Developer as of the date specified above.
DEVELOPER: CITY:
CUPERTINO PROPERTY DEVELOPMENT I, LLC, CITY OF CUPERTINO, a California limited liability company a municipal corporation By: Monterosso LLC, a California limited liability
company
Manager By: Tina Kapoor, Interim City Manager
ву: Дрем.н. Chau ATTEST:
Annie M. H. Chan
Member
Kristen Squarcia, MMC, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
Floy Andrews, City Attorney
01276.0013 2034683.1 2
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.
HAWAII
STATE OF GALIFORNIA DA
) SS.
COUNTY OF HONOLYLY
On 08/27/2025 - 2025 before me, DOKI AN
_ a notary public,
personally appeared Annie M.H. 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.
Do idi An
Notary Public
SEAL: DOKI AN
• NOTARY
DUBLIO
23-254 NOTARY SORT AGATE
NOTARY NAME:
OF HA DOC DATE: 08/23/502 FIRST CIRCUIT
#PAGES: DOKI AN
DOC DESC: First Amendment to Affordable
lousing Covenant and Restrictions on Sale price • NOBLY:
Solion 08/27/2-025 1001/202
SIGNATURE DATE COMM EXP - 23-254
01276.0013 2034683.1