91-019 Adzich, Radovan Vaso 91-019 ADZICH, RADOVAN VASO
Cit4j of Cuperti"o
10300 Tune A%orr:e P.O.Box 580
Cupertino. C thforn.r yul4 Cupertino,California 95015
Telrp!tunc•� i4Ut'.ti S_-:,.r5
D'rf'iRfAtEVI (A Hil +- M t LERN
July 10, 1991
Radovan verso Adzich
10316 Scenic Boulevard
Cupertino, CA 95014
impRovEm ri-r ALREEmNT
we are enclosing to you for your files one (1) dopy of the Agreement by
and between the City of Cupertino and Radovan Verso Adzich atvd Helen
Adzich, Trusees for the Adzich Family Revocable Laving Trust, which has
been fully executed by City Officials, along with one (1) copy of
Resolution No. 8429, which was enacted by the City Council of the City of
Cupertino, at their regular meeting of Monday, July 1, 1991.
Sincerely,
DOROTHY C OR OMIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
RE IC N NO. 8429
A RESOLUTION OF THE CITY OOUNCIL CF TM CITY OF CUpERTIM
APPROVING FINAL PLAN Fit THE n6gUjRgE TP OF FRONTAGE
LOCATED AT 21846 GRANADA AVENUE; DEVELOPER, RADOVAN VASO ADZICH
AND F J ADZICH, TRISIEES OF THE ADZICH FAMILY REVOCABLE
LIVING TRW; ALMMZING THE CITY ENGINEER TO SIGN
THE FINAL PLAN; AND AUTHORIZING E'ZBCE)TIO N OF AST IN
CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval of
the final Plan for the uTrove ent of street frontage located at 21846
Granada. Avenue by Radovan Vaso Adzich and Helen Adzich, Trustees of the
Adzich Family Revocable Living Trust; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, gutters and sidewalks
and for other improveamts, and good and sufficient bonds, fees and
deposits as set forth in M&,ibit "A" having been presented for the
faithful performance of said work and the carrying out of said agreement;
and said plan, agreement, and boards having been approved by the City
Attorney;
NOW, TH.ftEFORE, BE IT RESOLVED that said final plan for the
ugxovenent of street frontage at 21846 Granada Avenue, be and the same
is, hereby, approved; and the City Engineer is hereby authorized to sign
said final plan; and the Mayor and the City Clerk are hereby authorized to
execute the agreement herein referred to in behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this let day of July, 1991 by the following vote:
Vote Kalb= of the City Council
AYES: tlDldmmi, Rogers, Sorensen, Szabo, Koppel
NOES: Noire
P.HSECvr: Noire
ABSTAIN: None
ATTEST: APP •
s/ Dorothy Gbmelius Ls/ Barb Kaooel
City Clerk Mayor, City of Cupertino
t
AGREEMENT
21846 GRANADA AVENUE
APN M357-16-25 (Portion)
This AGREEKENr made and entered into this 1ST day
of MARCH , 19 91 , by and between the CITY OF
CUPER M, a municipal corporation of the State of California, hereinafter
designated as Cn V, and RADOVAN VASO ADZICH & HELEN ADZICH, TRUSTEES OF
THE ADZICH FAMILYREVOCABLE LIVING TRUST
hereinafter designated as DEVELC)PER.
WITNESSETH
WHEREAS, the DEVELOPED has made application to the CITY for a
BUILDING PERMIT
to construct and maintain a SINGLE FAMILY DWELLING
hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specifications
Prepared for the Project by NELSEN ENGINEERING ;
a true copy of which improvement plans and specifications are on file in
the office of the City &gineer of Cupertino; and
FIIHEEW ►3, the same are incorporated herein by reference, the same as
though set out in full;
NOW, 710;22tM, said improvement plans and specifications shall be
hereinafter called the "Plans," and the -work to be done under the Plans
shall be called the "Work."
FILE # 51,878
WHmm, pursuant .to the provisions of this AGRffiMERr, the C1' Y hereby
established the amounts of Bands, Fees, and Deposits as set forth in the
following schedule:
SaM= OF BONMS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: $6,00o.00
SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO/100
* PART B. Labor and Material Bond: $6,000.00,�/�
SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO/100 $+v,500-4)0 .
PAKc C. Checking and Inspection Fee: $ 300.00
EIGHT HUNDRED SEVENTY FIVE DOLLARS AND N0/100
* PART D. Indirect City Expenses: $ 45.o0
ONE HUNDRED THIRTY ONE DOLLARS AND N0/100
PART E. Development Maintenance Deposit:
FIVE HUNDRED DOLLARS AND NO/100 $ 500.00
PART F. Storm Drainage Fee:
ONE HUNDRED FORTY TWO DOLLARS AND N0/100 $ 142.00
PART G. One Year Power Cast:
THIRTY SIX DOLLARS AND NO/100 $ 36.00
PART H. Street Trees: By Developer
PART I. Map Checking Fee:
$ N/A
PART J. Park Fee: II A/C N480-0000-416-022
FIFTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO/100 $15.750.00
PART K. Water Main Reimbursei.ent
ONE THOUSAND FIVE HUNDRED FIFTY THREE DOLLARS AND N0/100 $ 1.553.00
PART L. Maps and/or Ixvr®vement Plans:
AS SPECIFIED IN ITEM N23
STREET IMPROVEMENT BONDS & RELATED FEES ARE FOR FRONTAGES
ON 21846 & 21850 GRANADA AVENUE
NOW, 7HEREMRE, IT IS HER..BY M[M A= AM= by and between the
parties hereto as follows, TO WIT:
1. DEDI=ON
A. The DVMDPER offers tr..) dedicate the real prgMrty shown on
Exhibit "A", which is attached hereto and made a part hereof by reference.
said dedicated property shall be free and clear of all liens or
encumbrances except those which the CITY shall waive in writing. The
DEVELOPER agrees not to revoke said offer of dedication, and to keep said
offer open until the CITY accepts offer by resolutic n.
,3. goon execution of this AGMs' the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real property
described in Exhibit "A", and such other executed conveyances, or
instruments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the
City:
(1) A preliminary title report issued by a title insurance
c=pany relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance ccupanny and insuring the CITY in the slam of: N/A, and
which shall show said property free and clear of all liens or
encumbrances except those as the CITY shall expressly waive in
writing; said policy shall be furnished at the time of acceptance
of dedication and recordation of deed.
C. Upon the condition precedent that the DEVELOPER shall
perform each and every covenant and condition of this ACRES , the CITY
agrees to accept said real property offered for dedication.
2. INSTP.LTATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within one (1)
year from the date of execution of this AGREE, or such longer period
as may be specifically authorized in writing by the city Engineer. in the
event the DEVELOPER fails or reftms to complete the Work within the
specified period of time, the CITY, at its sole option, shall be
authorized to omplete the Work in whatever manner the CITY shall decide.
In the event the CITY completes the Work, the CITY may reccver�any and all
costs incurred thereby from the DEVELOPER 'or the DEVELOPER'S surety or
both.
H. The DEVELOPER shall install and acplete the Work in a good and
workmanlike manner in accordance with the plans as approved by the City
Engineer of Cam. Me Work shall be donne in ac=rdance with existing
ordinances and resolutions of the CITY and in accordance with all plans,
specifications, standards, sizes, lines, and grades approved by the City
Engineer. The Work shall be done in accordance with all -State and County
statutes applicable hereto. The decision of the City Engineer shall be
final as to whether any material or workmanship meets the standards,
specifications, plans,, sizes, lines and grades as set forth.
C. It is furthw agreed that the Work shall be dome in aocordance
with the most current Standard Specifications of the Department of Public
Works, California DepartmM of Transportation, State of California, and
in accortance with the specifications of the Cupertino Sanitary District
where applicable.
Wherever the words "State" or "California Division of Highways" are
mentioned in the State Specifications, it shall be considered as
referring to the CITY of Cupertino: also wherever the "Director" or
"Director of Public Works" is mentioned, it shall be considered as
referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertin.. Sanitary District, the
specifications of the CM and/or the Cupertino Sanitary District shall
take precedence over and be used in lieu of such oxiflicting portions.
3. EXCAVATICK PST
It is further agreed that the MMOPIR shall ccuply with Section
Three of Ordinance No. 130 of the CITY by cl7t icing an excavation permit
frrnn the City Engineer before the cement of any excavation in, on,
or under the surface of any existing public street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the pr�vpased
excavation is to cmmenee.
4. QU17MAIK EEM
It is furthek agreed that the MVELAPER, when requested by the CITY,
shall quitclaim all' his rights and interests in, and shall grant to C17Y
auchorizaticn to extract water from the underground strata lying beneath
said project and DEVEMPER agrees to execute a "Quitclaim Deed and
Authorization!' in 7i�n�faav�orr of
Cl'1Y,, when presented to him for signature.
5. AND VirlC+6l SECURITY
A. Upon this execution of this Ate, the MVELOPER shall file
With the CM a faithful perfc=anos bond to assure his full and faithful
performance of this AMMMU. The penal sum of said faithful performance
bond shall be the full cost of any payment to be made under this
AGREEMU, the value of any land agreed to be dedicated, and any
improvements to be made under' this AGREEMEM. In the event that
inproveoents are to be made undler this Ate, the MVEMPER shall, in
addition to said faithful performanoe, files with the CM a labor and
materials bond in a penal sun adequate to assure full payment of all labor
and materials required to oonatsuct said i- -rovements. The aarra mt of said
bonds shall be as designated by the City engineer. Said bores shall be
executed by a surety ccapany authorised to trmsact a saurety business in
the State of California and Waist be approved by the City Attorney as to
form and by tea City Engineer as to sufficiency. In the event that the
D VEMPER shall fail faithfully to perform the covenants and conditions of
this AGE, or to make any Payer, or any dedicatican of land, or any
improvements herein required, the CITY shall call on the surety to perform
this AGMUMU or otherwise indemnify the. CITY for the DEVELOPER'S failure
to so do.
H. in lieu of a-surety bond, the DEVELOPER may elect to secure this
AGRE:EMn by depositing with the C17Y:
1. Cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of Cupertino; or,
3. A certificate of deposit, or instrument of credit meeting
the require rants of Govezrm ent Code Section 66499 (b) or
(c) .
C. The amount of said gash, checks, certificate of deposit, or
instrument of credit shall be as designated W the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the event that the
DEVELOPER shall fail faithfully to perform the coves ants and conditions of
this AGREEMErr, or to make any payment, or any dedication of lard, or any
improvements herein required, the t rrY may apply the proceeds of said
security 6 thereto.
D. No release of surety bond, cash deposit, cheek, or certificate of
deposit, shall be made except won approval of the City mil.
E. No interest shall be paid on any security deposited with 'chhe
CTrY.
6. C EECIMIG AND INSPECrICH FEE
It is further agreed that DEVELOPER shall gay any and all necessary
direct expenses for inspection, chec*IM, atc., incurred by CITY in
connection with said Project, and that ,'2VELOPER shall have deposited with
CITY, prior to execution of this AMMOM, the amount as set forth herein
at Page 2 (Part C) . Should construction cost vary materially fram the
estimate from which said sum is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
7. INDIRMr EXPENSES
It is further agreed that LEVELOPER shall pay to CITY, prior to
execution of this AGE, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
S. MAP C mum FEE
It is further agreed that the DEVELOPER shall deposit with ="Y, prior
to execution of this AMMMEW, for office checking of final map and
field checking of street monuments, in eaupliance with Section 4:1 of
Orrdinanoe No. 47 (Revised 12/04/61) of CITY, the amount as set forth
herein at Page 2 (Part I) .
9. DEVELOPMENT MAINTIENANCE DEPOSIT
It is further agreed that the DEVEIAPER shall pay to the CITY, prior
to execution of this ACRE DMU, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and cleaning during the ommtructicn period. The development
maintenance deposit may be utilized for repairs of defects and
ingerfections arising out of or dus to faulty wdrkmanship and/or materials
appearing in said work during the period until release of the improvement
bonds by the CITY. Should the DEVELOPER complete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the improvement bonds.
10. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREE, a storm drainage charge in
connection with said Project in -accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) .
11. WATER :PIN EXTENSION DEPOSIT
The EEVEMPE R further agrees to deceit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until said `
monies are needed to implement I jrvements outlined by the Director of
Public Works or iuprcveurnts outlined within the adopted Water Master
Plan.
The amcxmt shown herein at Part I(, Page 2, shall be the full amumt
due.
12. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior to
execution of this Ate, the amount as set forth herein at Page 2
.(Part G) , which aucunt represents the power cost for street lights for one
year.
13. THE INS'nUZATION OF STET ZItEES
It is further agreed that the DEVELOPER shall, at such time as deuced
appropriate by the City Engineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
fran the City approved list.
14. PARK FEES
It is further agreed that the M%MDPER shall pay such fees and/or
dedicate such land to the CITY, prior to execution, as is required within
"Park Dedication Ordinance" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
14-A. PARK _ _.. AIi'L 12-90 TSICNS
The value cf tte land Used in establishing the "Pt, k Fee" cutlired
herein on Page 2, Part J, requires fond confirmation. The CITY
shall employ a qualified local appra:�ser to provide a market value of the
lar i. The City will calculate the "Park Feel° based on the appraisal. The
Ler,relclper agrees to pay for any deficierrayrwithin thirty (30) days and the
city agrees to refund overage within thirt,;/ (30) days. Adjustments shall
be made prior to acceptance of the subdivision improvements.
15. MAM- =-W _E OF 16 F
It is fu.��e= agreed that the DEVADPrt shall. maintain the Work unt_i i
all deficiencies in the Work are corrected to conform to the Plans and the
city standards and speeccificaticns for the Work. The DEVELOPER shall, upon
writ`..en nct thereof,
ice theof, immediately repair or replace, withcat cost or
enligation to the. City of Clmertsino, and to the entire satisfaction of
said � 'Y, all defec'.s and im;erfections arising out of or due to faulty
,warkmans.hip and/or materials appearing in said Stork.
16. SANITAM DISTRICT
It is further agreed that the DEVELOPER shall file with GT'1'Y, =on
execution of th.s AGPE' , a letter fr= the Cunertino Sanitary District
s--..at=g that the DEVELOPER has entered into a se xxate A=MDM with the
said Dis-ict to install sanitary W.4ers to serve all lots within said
Project and stating that a bond to insure full and faithful performance of
the cons-t uct on of the said sanitary sewers and to irmsure maintenance of
said sanitary weer in conformance with. .the provisio,-Lz as set forth in
Paragraph 15 above has been filed.
17. GOVE"IaZ= CODE
it is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREE I4T, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the,Government Code, perta.,siing to
special assessments or bozids, have been Complied with.
18. CENTRAL F.LRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CM, upon
execution of this AGFM04T, a letter fz= the Central Fire Protection
District of Santa Clara CO3Mty, stating that the DEVELOPER has entered
into an AGUM04T with said District 'to install fire hydrants to serve
said Project and stating that all necessary fees have been deposited with
said District to insuzs instal.latior and five (5) year rental fee of said .
hydrants.
19. PACIFIC GAS AM ELEamIC,/PA=c mu.
i
It is further agreed that the DWELMR shall pay to Pacific Gas and
Electric C=pany arxV r to PACIFIC BELL C=Vany any and all fees required
for installation of overhead arxVor urkdergrmmid ll wiring circuits to a
electxoliers within said property and any and, all fees regvired for *
as provided in Ordinance No. 331 of CLTY when DEVELOPER is
notified by either the City Erginser or the Pacific Gas and Electric
c= any and/or PAC=C SELL Ccmpany that said fees are due and payable.
i
7
20. EASIIMEWS AMU- RIGHT'-OF-WAY
it is further agreed that any easement and right-of-way necessary for
completion cf the Project shall be acquired by the MMDPER at his own
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CI''t'Y for the purpose of seducing
said easement and right-of- ,ray, that the EEVEMPER shall deceit with CITY
a sumo covering the reasonable marxet value of the land proposed to be
taken and to be included in said sum shall be a reasonable allowance for
severance, damages, if any. It is farther provided that in addition
thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the
CITY may require shall be deposited with the City of Cam.
21. HOLD HAMESS
It is Ruttier agreed that, commencing with the performance of the Work
by the DEVEMPER or his ccntractor and continuing until the cmpleticn of
the maintenance of the Work, the DEVEMPER shall indemnify, hold harmless
and defend the MY from and against any or all loss, cost, expense,
dariage or liability, or claim thereof, occasioned by or in any way
whatsoever arising out of the performearroe or rM WM&fozmanae of the Work or
the negligence or willful misconduct of the DOPER or theDEVELOPER'S
agents, employees and independent contractors.
22. INSURANCE
It is further agreed that: the DEVELOPER shall take out, or shall
recfiire any aa*xactor engaged to perform the Work to take rut, and
maintain at all times during the performance and maintenance of the Work
called for or required to be done hereunder, a policy -of insurance naming
the CITY and members of the City Council of the City of Cupertino,
individually and collectively, and the officers, agents and employees of
the City individually and collectively, *as insured. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing
named CITY and individuals covering all the Work performed by, for, or on
behalf of said EEVELOPER. Both bodily injury and property damage insurance
must be on an once basis; and said policy or policies shall provide
that the coverage afforded theremy shall be primary coverage to the full
limit of liability stated in the declarations, and if the city, its
members of the City Council individually and collectively, and the
officers, agents, and employee* of the CITY, individually and
collectively, have other insurance against the loss covered by said policy
or policies, that other insurance shall be excess insurance only.
The insurance carrier shall provide proof of their ratings. All ratings
shall be a minimum of "Best A-7" in accordance with ABAG policies.
71
A. Each of said. policies of insurance shall provide coverage in the
following minimum am=its: For bodily injury, $100,000 each person;
$300,000 each occurrence, ply damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. The DEVEIOPER shall file with the City Engineer at or prior to
the time of execution of this AGEMEMERr by the M77DPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City F?rgineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least ten (10) days
advance notice thereof.
C. In the event that the Project covered herein should be mitually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision.
23. MAPS AND/OR nGROVEMERr PLANS
It is further agreed that the CITY shall obtain the following map
ar Vor plans at the DEVELOPER'S expense:
A. A mylar sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature card of
all executed improvenent plans a:,d map.
The DEVELOPER agrees to pay the CITY from the development maintenance
deposit the cost for all prints of plans and map required rather Item 23.
24. SUCCESSCRS
This AGREEMENT shall bind the heir, -administrators, executors,
successor, assignee and transferrees of the DEVELOPER. The assignment of
this AJI' shall not be made without approval by the City Council of
the City of Cupertino.
ur fLco o 660 Clara
y On Mar-�ch--3,j-1991 before me,the undersigned,a Notary Public in and for
said State,,personally appeared Radovan V. & Helen Adzi ch
personally known to me (or proved to me on the basis of
dFFICT' SEAL
satisfactory evidence) to be the person(s) whose name(s) ;. PAULA P. KLEIN
is/are subscribed to the within instrument and acknowledged 7 NOTARY PUbU0-CALIFORNIA
• � SANTA CLARA COUNTY
to me that he/she/they executed the same. My Comm.Expire,May 28,1991
WlTRSS my h nd official s
l?
e ( , L
Signature — (This area for official notarial seal
SF-423-4 (REV. -7182)(CA) (INDIVIDUAL)
7.N WITNESS WHEFMF, CnY has caused its name to be hereto affixed by
its Mayor and City Clerk, Uwreunto duly authorized by resolution of the
City aCR wil and said OEVELOPEEL has hereunto caused his name to be affixed
the day and year first above written.
Crrz OF CUP'Et rm:
Approved as to form:
Mayor
ity ttamey
City Clerk
PER:'LY
/r
v
Notary Acknowledgment Required
g
CITY 40F CUPERTINO
INTERDEPARTMENTAL Date JULY 2, 1991
To CITY CLERK From PUBLIC WORKS--SUMI
CI Information MESSAGE. RADOVAN VASO ADZICH, ET AL. (CC, 7/1/91)
CI Implement 21846 GRANADA AVENUE
CI Investigate
Discuss 1. THREE SETS OF IMPROVEMENT AGREEMENT FOR PROCESSING.
�( See me
Reply 2,, ONE COPY A .H FAITHFUL FE BOR AND
MATERIAL BOND. AMWEST SURETY INSURANCE COMPANY
BOND NO. 12353118 --
3. CERTIFICATE OF INSURANCE, 6/13/91
INSURED: PETERSEN CONSTRUCTION
sm
attach.
Reply: DEVELOPER: RADOVAN VASO ADZICH
10316 SCENIC
6A 95914
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
` /
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EXOMLIABA.ITV AQ
OCCURRENCE
OTHER THAN UMBRELLA FORM
WQAKER'S OOMpENSATION STATUTORY
ANTD Z (EACH ACCIDENT)
EMPLOYERS'LIAB61TV (DISEASE•POLICV L IMIT)
(DISEASE-EACH EMPLOVEE)
OTHER
DESCRIPTION Of OPERATI000ILODATIOMIMICLE610MCIAL CMMS
Re: (SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT)
,vw.,a n,na,wn,.aa\�„s...„•.iw.,a..:.}n,.:..:.,n.:.,..n....m..,,„«:..a......aaa,,.,'.•:..OR
-.:,V;;.i •,;awa3.���.`•�. •n+. ) -:},\' ,}\-.::i°:`}'}�`•vv�' �'�•
s>; SHOULD ANY OF THE ABOVEDESCRIBED POLICIES BE CANCELLED BEFORE THE
5: EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 111101111111
>< MAIL 30 DA YSWRIT TENNO TICE TO THECERTIFICA T E HOLDER NAMED TO THE
City of Cupertino > ' LEFT,
10300 Torre Avenue ?>:;
Cupertino CA 95014 �I=REPJOSSENTATNE
Attn: Bruce/Public Works Dept 156412000
..........
.. ........... .... ..:.;"!.F- tit:,,..:::... ....,..:..:.�:::,:.,:.>,•:.�:;:.�:,.: ..... ..:..}•..;::.;':::....::,•;b:::..,:.:::::...:,,., .:� .
1' POLICY NUMBER: EPA02052967 COMMERCIAL GENERAL LIABIL1 T`(
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURE® OWNERS, LESSEES ®R
CONTRACTORS (FORM S)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
THE CITY AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF CUPERTINO,
INDIVIDUALLY AND COLLECTIVELY, AND THE OFFICERS, AGENTS AND EMPLOYEES
OF THE CITY INDIVIDUALLY AND COLLECTIVELY, AS INSURED
(If no entry appears above.information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section li) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of"your work" for that insured by or for you.
THE NAMED INSURED AGREES TO SAVE HOLD HARMLESS THE CERTIFICATE HOLDER NAMED
ABOVE, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ANY LIABILITY OF ANY NATURE
WHATSOEVER CAUSED IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE NAMED INSURED
OR HIS AGENTS, OR EMPLOYEES, ARISING OUT OF SUCH WORK.
THE COVERAGE AFFORDED THEREBY SHALL BE PRIMARY COVERAGE TO THE FULL LIMIT OF
LIABILITY STATED IN THE DECLARATIONS, AND IF THE CITY, ITS MEMBERS OF THE
CITY COUNCIL INDIVIDUALLY AND COLLECTIVELY, AND THE OFFICERS, AGENTS, AND
EMPLOYEES OF THE CITY, INDIVIDUALLY AND COLLECTIVELY, HAVE OTHER INSURANCE
AGAINST THE LOSS COVERED BY SAID POLICY OR POLICIES, THAT OTHER INSURANCE
SHALL BE EXCESS INSURANCE ONLY.
CG 20 10 1185 Cooyright. Insurance Services Office. Inc.. 1984
GENERAL ACROWIEDGMENr
1
State of California ) On this the 25th day of June, 1991,
before me, Roberta Ann Wolfe, the
County of Santa Clara ) undersigned Notary Public, personally
appeared Helen Adzich, proved to me on
the basis of satisfactory evidence to be
the person(s) whose name(s) is
�c�cacc���rs�oa�o subscribed to the within instrument, and
OFFICIAL SEAL acknowledged that she executed it.
ROBERTA ANN WOLFE
�"' y NOTARY MUC-CALIFORNIA � Wi7NE9S my hand and off icial seal.
- SANITA CLARA COUNTY /
My Co n rdidion Expires June 11,1993
.Nv�,;wo��A•rc,:.�.x�cYscx� o�G�aGx��._ ����,��1° L(i?" .�v L! ��'-�'af
p
e STATE OF CALIFORNIA, COUNTY OF--- Santa Q1 ara ss.
On _— March 6, 1991 before me a Notary Public, within aid for the said
County and State, personally appeared Lynn M. Wiley known
to me (or proved to me on the basis of satisfactory evidence) tc be the person whose name is subsr;ibed to the within
instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowled9od to me
that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Suety, and his own name
as Attorney in Fact. CFRCIAL
BEM ANN
::M.
p
l mNo V t c-
OONMA COSTA O
MV On
NOTARY PUBLIC
October 8, 19 UN-A9008 fREV 2.90)12
a • ,
Bond No. 1235378
FAITHFUL PERFOR"ANCE BOND Premium: $350.00
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Ad7ich Family Affable j;iyin rust
as Principal and Amwest Surety Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of Seven -en Thousand Five Hundred and N011100---------------- Dollars
($ ----i7 ,5nn_nn--------- -- ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assibns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated ,
with the Obligee
to do and perform the following work to-wit:
Subdivision Improvements - 21846 - 21.850 Granada Ave. , Cupertino, CA APN # 357-16-25
NOW, THEREFORE, if the said Principal shall well and truly perform the wort:
contracted to be performed under said contract, then this obligation shall be
void; othenil±se to remain in full force and effect.
IN WITNESS WHIEREOF, this instrument has been duly executed by the Principal
t and Surety this —b..Y.l__ day of March , 19 91 .
� (To be signed by Principal
and Surety and acknowledgment.) ,
By
T
Adzich Family Revocatrj'e Living Trust
Principal
• mwest Surety Tnsurance Company
Surety
Attorn4o-in-Fact Lynn M. Wiley
The above bond is accepted and approved this day of ,
Bond No. lr_'3r)3 6
Promium Included in Performance Bond
LABOR AND MATERIAL POND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Adzich Family Revocable Living Trust
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and
Amwest Surety Insurance Company
as Surety, firmly bind oursel`7es, our executors, administra•-rs, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of Seventeen Thousand Five Hundred and No/100 Do))ars
($ 17,500.00----------) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, or anv and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case :;uit is brought upon this bond, such reasonable
attorney's fee as shall be fixes by the court.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184. 1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
•,I GENERAL ACKNOWLEDGMENT
State of California ) On this the 25th day of June, 1991,
before me, Roberta Ann Wolfe, the
County of Santa Clara ) undersigied Notary Public, personally
appeared Helen Adzich, proved to me on
the basis of satisfactory evidence to be
the person(s) whose name(s) is
� c�cc�cucx�socc�tac�cx�cacx�cx?' subscribed to the within instrument, and
OFFICIAL SEAL acknowledged that she executed it.
_ ROBERTA ANN WOV f
NOTARY PUBLIC-CALIFORNIA "
SANTA CLARA COUNTY
WITNESS my hand and official seal.
My Commission Expires June 11,1993 i
' vrt(aTJ(,}:?Ca�9L7:7GTJW:?Q:J4A?GYJG):?GYJG�?GY-^.1... C /, ,
' ' �`
STATE OF CALIFORNIA, COUNTY OF Santa Clara ss.
On _ _ March 6. 1991 , before me a Notary Public, within and for the said
County and State, personally appeared Lynn M. Wiley , known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me
that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name
as Attorney in Fact.
OFFICIAL SEAL
BETTY ANN LYWN
Notary Pubk-Caiifo"o �`' i i -
COf=A CMA CCUNW P t -- --
My Cowdulan �� I N07ARY PUBLIC
� � UN-.49008(REV.290)It
Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 6rh day of Dar-Gh 19_. 91
By
Adzic amily Revocable Liv n Trust
(To be signed by Principal Principal
and Surety. Notary
acknowledgments required. ) Amwest Surety Insurance Company
Surety
By: �
Attor,TWy-in-Pract Lynn M. Wiley
1
The above bond is accepted and approved this _day of
19
0
6/17/85
° � J y l�l.Ci J�nh l�'�1 'G'YiCltlli {♦�IL
•�k Eli W � ^ ya• , v
BONG N(!%IBF.R 1'0%%IT til`%iB1 R
1235378 tr10 0 0:i 0098 NOT VALID AFTER
1-02—i2
PRINCIPAL
Adzich Family Revocable Living Trust 1ENAItStM
I
$17,500.00
x^ 0111WIL i
r= City of Cupertino
1711111 docunaeru is printed on Itttal I,k,j�kki -2 atrt 1,.tpci %tiih Har_, ankl red ink. ��nit hO.II&r In bl c ink and heiii the
r,asc•d -Cal of Amwes! �urrn' Insura!tcr olt1h,ir% Jh c ctmp.ut� 1 ctnh unitlit'rcd orlenials of iH PoIN I oaf :AMtlWt' arc I
Naiid I his Pt,.cer of\itor!'10 I> %Jlld 101rk M orun•cnon +till tt t, ution and dchvciv of the bond!toted ahoc•e I na<ta
nc>i be a td nt i(>nittn�uon With'All, o!hri p,���ri of:ua.�rnG% �„is hIc �ttt.tu,fn>or�can<lattfc re gmi-dino this Pager of \itarne�
r ` 1)% ^ ; a;ni he State of L-aG(irrnia. ,fin\ no\trr i�(atturnel•
na.t� tit ;natir I>� ,.n} pf rtiun fhls I e« r� .1u �Irn r , ,rn:d .r,. .t !
ti;,xl !•t aartnccti;n Will anc hand I,1;u.l L, the ( 01111),im rruq he orihi> 1=urn and no other 101-11 shall hac1, brie (If.effect.
" K\C)%V \LL \iI.N 1.31 1 1 it tiF f'1:f�f\1�, that Annvest surety insurance Company,a California
' �•c:or oration role Cotrtpany '), does herchw to aLe, constitute :ind appoint:
s "LY M WILEY
Y A"S� AN EMPLOYEE OF AMWEST SURETY INSURANCE C014PANY
lts-ci-ue and lawful ,homey-in-ttact,with Itniitrd I)OIAVr and authont� for and on betaalf of the Cc,i»�an} as surety,
to cxec=tite. delliver and affix the seal of tilt: C_;mtpany thereto if a seal is required on bodes tmdertakings, �z
reco,tti�iancc`s or other �rittcn ohlt salons In thr nature !iurcof as folk7�,s
Bid Bands up to E****2500000.00
Contrast. Court & Subdivision Bonds up to $****250.000.00
License g Permit. Bonds up to $*****50.000.00 4
Miscettaneous Bonds up to $*****25.000.00
® Smatl Business Administration Guaranteed Bonds lip to $****250.000.0
® V
j(ld it, bind the C_:onipany ihcreh%. itits ;111poinintent is made unLlcr ,u)d authority ul the By-Laws of the
Company, %�hich are now in lull force And clico.
CERTIFICATE
1, the undersigned sccret.try of Arnwcst Surety Inst.iratice Cornpanv; a,California corporation,
a ._. DQ EREf3y t FI:" wy that this Power of ,attorney remains in full force and etfect and has not been revakcd
i
36d,fart`ite*more, that the resolutions of the hoard of Directors set forth on the reierse, and that the relevant �
pro+lnu ns pf the B\'-Laws of the Conapan� arc now in iiall force and effect.
:t
5t�ned••and sealed, Ott- an_Ioae- CaliforAIIiaiiii Seth day 6f *-. i.q_%L.
r✓ .�7' i 0000"498 — ?1
- ri,trc n (, C:olun, tircmtarJ 0
n r�. `� � 1 • 0 C� 1� •• • e 01 1 ® �
rFAi�
�x
Resolutions of Board of Directors
t
- in Lik i or
:`T T` J:. :'1 rtiVc. , ...CC o i din; !` .13';z
r,s
';• .,.�:,i „ t Af2,lii� i i t,�.C. ;, 1.,.,,.1 t, _ ,i...+t.. (7'.' `;?C +P.ei' 01 ;ilFt)i'1lt\- I ;.:eC 1?\ i:1c t.(?
n'1 11
i - � ♦1 ,. .i ., .. ..
+i:.!?,4 !a'] ,
, ��. 0If
5311X 10-.lC c' i t'
to be alp;lcd bV,t5 PI'(1P(,r Officers, 1nid
;(ice COi"�1UCatl' Sl.9l 1�, i�l" 1?t'T�Ctil?(.` .i1I1\Pt1 eliti 1>: C� V" tJI i�tit111'_^�I, lil''ll�.
pf,,F
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' I":TF1 OF CA1.11 l?'':I:%, .. , `.;7 of )t i,
On 111L i'l ;i;l`: of 1� ,. ?if' ;'..i•-fi�. I',":S,"I113 - :-,il ! :'(it..t 11;` fo11;J F_. `+ttJ C and 1S.t i't'il C1. (_.t>I'ii'1l, !O he Ohe
iilCii\S:1U;i15 illlti i• ,w,tT 01,117.,r1:, A:!„, CV Til,I !1tt " '`'C N1411'.•UIIWM, «U,CI the% !?,iCC .I:'IiT1(aS-it'l�;�eii Ei7e
CXCCLItion of tl?t'. S,IIi�P,dIl;t 1`t Jiti�hS L:.. .1�71V `At�`I-1),if ti Vic'\t l.i�il'ti,h:tic.t:1tl =3'.'ii;it I.FC 11'C fi?��i1SC1 t�Ill�t'f`l.�i tilt'Ci�l'1"lif,1L1:T;1'IR"�1<<ali1
all'] li?,.i( Thl' i'.ti dIi:`tic"(1 i_ :i :1)"\i ci rf. t ,li'f; fill �i.,i„t IIiC ..t?"t`,•;.il. tl. Mid !'1.i1 t;alJ Liwii-Sff;ttil[lil-i'�14i '•ili,.
t5[(1Cc1S V\YCe tillsV AflNcd '11' 5?ii .1i17tc1 i�' {:'i' :Lt� +11'!, 1'�\ 1{1C .1!U1'i�1ll`.' t01 The 11oill 1 01 oI "'ild COIPOU111011.
OFFiCAt SAL
ANAt�BB�.yyZAMUDIO-SOUS
M►JCP��U4
Oc tobw 22, {993 �
_ Aim R. '�m.nii,^•�.�h>, i�_,tart Public
Rest.nctions and Endorsements