91-035 Norman, Ruth 91-035 NORMAN, .RUTH
Return. try.- M986PAGE0832 11998099
p� �• !y NO FEE IN ACCORDANCE
CItY O0 CUPERTINO WITH GOV CODS 6103
H i' RE QUEST OF
Cup'Aartino, CA +
10300 Torre Avenue fI J ry
e--
AGREEMENT FOR DEFERMENT OF IN-LIEU, ` ' ' ''
FEES FOR PARR AND RECREATIONAL SAtK
FACILITIES ��• ,
(COVENANT RUNNING WITH THE LAND)
This Agreement is entered into on jlyly 6 1993,
between Ruth A. Norman ( "Property Owner" ) and the City
of Cupertino, a municipal corporation located in the
County of Santa Clara, State of California ( "City" ) .
Recitals
A. Property Owner owns real property in the City of
Cupertino, described as follows:
See attachment A
and more commonly known as 11830 Upland Way (APN #
366-03-055) ( "Subject Property" )
B. On or about July 9 , 1990, Property Owner received
approval from the Planning Commission of City to split
the Subject Property from a larger parcel of real
property. Said approval was in the form of a tentative
parcel. map (4-TM-90) .
C. Said approval was subject, among other conditions,
to the following requirement:
The project developer shall enter
into an agreement with the City of
Cupertino providing for the
payment of fees, including, but
not limited to, checking and
[CC.D2/MNO/NA) Page 1 of five
ORIGINtit
M® e6PIc,L �33
inspection .fees, storm drain fees,
park dedication fees, and fees for
undergrounding of utilities.
D. On or about November 20, 1991 , Property Owner and
City entered into an agreement for payment of the fees
described above and particularly providing for the
payment of the sum of $15,750 for in-lieu park
dedication fees attributable to the Subject Property.
E. The parties wish to amend the above-described
agreement by deleting the requirement that Property
Owner pay the sum of $15,750 and by providing that the
obligation of the Property Owner, her heirs, successors
and assigns, to pay in-lieu park dedication fees
attributable to the Subject Property be deferred until
the Subject Property is transferred, sold, leased,
financed, or re-financed,
THEREFORE, the parties agree as follows:
Benefit of Park Fees
1 . Property Owner agrees that the in-lieu park
dedication fee that she is obligated to pay will
materially benefit the Subject Property by enabling City
to provide park services witnin the general area of the
Subject Property and that said payment .is necessary to
comply with the tentative parcel map conditions imposed
by City Planning Commission pursuant to 4-TM-90.
[CC.D2/MNO/NA] Page 2 of five
M886PAGE0834
Deferment of Payment
2. City agrees that Property Owner, may postpone
the payment of said park in-lieu dedication fee until
such time as the Subject Property is transferred
( including, but not limited to, transfer by sale, gift,
or devise) , leased, financed or re-financed.
Amount of In-Lieu Park Dedication Fee
3. The amount of the in-lieu park dedication fee
to be paid by Property Owner, or her successors in
interest, shall be the amount imposed by City pursuant
to its local ordinance for similar property at the time
the Subject Property is actually transferred, leased,
financed or re-financed.
Payment of Fees Prior to Transfer, Lease, Financing
Or Re-Financing Subject Property : Lien
4. Prior to actual transfer, lease, financing or
re-financing of the Subject Property, the Property
Owner, or her successors in interest, shall cause the
payment of said in-lieu park dedication fee to City. If
said payment is not made, the City may make said fee a
lien on the Subject Property by recording with the
County Recorder a notice that said in-lieu park
dedication fee is owed under the terms of this agreement.
The notice shall state the fact that the City is owed
said fee under the terms of this agreement and shall
state the amount owed. Said unpaid amount shall draw
interest at the rate of 7 percent- per year until paid.
[CC.D2/MNO/NA] Page 3 of five
M886PICE0835
Additional Remedies
S. City may, as an alternative to the lien
procedure set forth above, bring legal action to collect
the amount of the fee plus interest against the Property
Owner, her heirs, successors in interest, and assigns.
Property Owner agrees that if legal action by City is
necessary to collect the amount of the fee, Property
Owner agrees to pay City a reasonable sum as attorneys '
fees and court costs.
Covenants Running With the Land
6. The covenants in this agreement pertain to and
run with the Subject Property described herein. This
agreement binds the Property Owner, her successors in
interest, heirs and a,-,signs.
IN WITNESS WHEREOF, the parties have executed this
agreement on the date first above written.
Dated : `
RUTH A. NORMAN, Property Owner
STATE OF CALIFORNIA, )
) ss.
COUNTY OF SANTA CLARA )
On .23 , 3Uri G 1993, before me,
0f-Vlt6/41d `1 Ky�nJ7 ryo7' fJ,<u r664,
personally appeared ��2fiN
personally known to me or 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.
WITNESS my hand and official seal . a
eA rr
ce
Signature ,� Seal oam gk $
[CC.D2/MNO/NA] Page 4 of five
Pjrc0836
APPROVED AS TO FORM
G
.S. RAD,— r
�raperty Owner
CITY OF CUPER`I'INO
MAYOR
APPROVED AS TOt,A4 V—'
-�
RLES T. KILIAN, City Attorney
ATTESTf'j �
� .l
CITY CLERK Deputy
[CC.D2/MNO/NA] Page 5 of five
RESOLUTION NO. 8920
A RESOLUTION OF TTIE CITY COUNCIL OF T HE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT I-OR DEFERMENT OF
IN-LIEU FEES FOR PARKS AND RECREATION FACILITIES
(RUTH NORMAN v. CITY OF CUPERTINO - SUPERIOR COURT
ACT ION 719174; COURT OF APPEALS ACTION HO10840)."
WHEREAS, the City Council of the City of Cupertino authorized the City
Attorney t:) a settlement of Norman v. City of Cupertino Superior Court, No. 719174,
Court of Appeals No. H010840; and
WHEREAS, the City Council authorized specific terms of said settlement; and
WHEREAS, the City has been presented with an agreement for deferment for park
in-lieu dedication fees, and
WHEREAS, said agreement has been reviewed by the City Attorney and the City
Council and is within the terms agreed upon;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor and City Clerk to execute the agreement attached
to this Resolution as Exhibit"A" and authorizes the Director of Finance to issue a warrant
to Mrs. Norman in the amount of $15,750 as per letter dated June 25, 1993, from the
Pacific Legal Foundation (Exhibit"B").
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th_ day of July 1993, by the following vote:
Vote Members of the City Council
AYES-. Dean, Goldman, Koppel, Sorensen, Szabc
NOES: None
JRY
THIS I5 ''1� rFr�rIFY rr,,
ABSENT: None I114STRUMENT iS ATRUL AND CUI2gE'CT C(
OF THE ORIGINAL ON FILE IN THIS OFFICE.
ABSTAIN: None ATTEST__ )/ �^ �g
G17Y C RK ❑F rHE tTY LIF L,tJF'E RTINl7
,
MID 4bPAGE
RESOLUTION NO."20
APPROVED:
• /s/ Nick Szabo
Mayor,City of Cupertino
ATTEST:
/s/ Roberta A. Wolfe
City Clerk, Deputy
2
s� R>C FrE t 4 r 4 / LIded NQ theMq4aOt Of 11174150
STEWART TITLE
of CALIFORNIA
h4CRC
�. h7Cr i DEC 2 3 1991 8:00
I F N A.M.
`` pf Laurie Cane, Recorder �r
• Santa Ciars County, official RftvrdB 0%
PCOR
zyo
C7
CC APL1 ONCE WfrH CONDITIONS; r'
�v
. w
This declaration is made the . L,j day of `� !.._, 1991, -DECLARANT' herein, Cni
identified as ALICE RUTH NORMAN.
Whereas Declarant us the owner of certain real property located in the City of C1
Cupertino, County of Sante Clara, more particularly described in the attached Exhibit
A which is incorporated herein by this reference. v
Whereas, Declarant and/or persons acting on behalf of Declarant propose to alter the
present uses or boundaries of said real property in the manner as set forth in the
attached Exhibit B which is incorporated herein by this reference.
Whereas, the City Council of the City of Cupertino, acting through its duly authorized
commissions and staff, as a condition of approval of the above described proposal has
required compliance by Declarant with certain covenants, conditions, and restrictions,
further described as follows:
Application 4-TM-90 Norman
Planning Calrnnission Resolution No. 4273
CONDITION #18: The subdivider shall record a covenant on each lot to be
transferred informing future lot purchasers of the existence of
geologic hazards in the area, and additionally, that special
development regulations apply to any construction on the lot.
CONDITION #19: Application of the appropriate slope density formula results in a
total yield of 2 dwellings for the site. Slope density credit from any
specific "at or group of lots cannot be transferred. The applicant
may adjust property lines, subject to City approval, if said action
will not create additional dwellings.
A covenant running with the land in favor of the City as :approved
by the Gity Attorney shall be recorded to ensure compliance with
the regulations prohibiting transfer of slope density dwelling unit
credit.
1. AGBEEMC-NT IQ COMP-Qy WITH QQNDiTiQL4S: In satisfaction of the above
reterenced conditions, Declarant hereby agrees to comply with conditions 18 and
19 described above and that his successor in interest will be bound thereby. All
L 976PACE 231
i
future puchasers of any of the land described in the attached exhibits are hereby
notified that the land may be subject to certain geologic hazards. In addition,
special development restrictions will apply to any construction on each lot as
described in the attached exhibits.
There is no allowable transfers of slope density credit for any lot described in the
attached Exhibits.
2. RIGHTS APPURTENANT: This declaration is intended to be a covenant running
with the land and shall bind and inure to the benefit of the heir, personal
representatives, successors and assigns of each present and future owner of the
real property described herein.
"DECLARANT"
!�1 i ' f - ICE RUTH NORMAN
_T—
STATE OF CALIFORNIA, )
) ss.
COUNTY OF SANTA CLARA)
On , 1991, befora me, the undersigned, a Notary Public in and for
said State, personally appeared ALICE RUTH NORMAN, personally known to me to
be the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
WITNESS my hand and official seal.
(individual)
STATE OF CALIFORNIA
COUNTY OF /1r C L.g.r SS.
me,the undersigned,a Notary Public in and for said
State,personally appeared /'-L/CC XP7-i1 A,*&7,711)
personally known to me
(or proved to me on the basis of satisfactory tividence), to be
the person whose name S --subscribed
to the within instrument and acknowledg^d that executed the same.
Q BRA fAW
ys�Raf'FueLlc,CALl�rtlA
WITNESS my hand and official seal. tq ltAtttr�c�P�Gt3�Sf lY
Signature
.• z ��:;"ems"..�,±.ag" '`�.'
Lg'm(r/M trdts ow fw otthtat eoartst etl1 ;
s
. : . 1. 976PAGE 1238
w '
EXL411131I A
LEGAL DESCRIPTION:
All that certian real property situate in thee City of Cupertino, County of Santa
Clara, State of California, described as follows:
Lot 9 as delineated and designated upcn that certain Map entitled,
'Tract No. 492 Marquette He;ghts Subdivision", portion of Northwest
1/4 of Section 26, Township • South Range 2 West, Santa Clara
County, California, which said Map was filed in the office of the
Recorder of the County of Santa Clara, State of Califorina, on March
22, 1948 in the Book 18 of Maps, pages 4 and 5.
Shown in Book 366, Page 3, as Lot 15. APN 366-03-015 Attached.
EXHIBIT B
Subdivide the Lot described in Exhibit A into two parcels of 14,200 square feet and
16,700 square feet, respectively, as is set forth in the attached Parcel Map, Lands of
Norman, dated March 1, 1990, by Giuliani & kuil, Inc., recorded at Book %[
page (s) . }:.r.<< 6, , Santa Clara County Recorder's office.
! 976PCGE ° ?3 1 1 174151
pFC FEE T� R*wrded at the requ®st of
RMF -' STEWART TITLE
( + ; MOO of CALIFORNIA
` rT '` DEC 2 3 1991 8:o0
LIEN A.M.
SMPF Laurie Kane, Recorder
Tic PCQRE] Santa Clara County,OiM W ReCOMB
COMPLIANCE WffH CONDITIONS:
This declaration is made the � day of -`x: _, 1991, "DECLARANT" herein,
identified as ALICE RUT'H NORMAN. 17
Whereas Declarant is the owner of certain real property located in the City of
Cupertino, County of Santa Clara, more particularly described in the attached Exhibit
A which is incorporated herein by this reference.
Whereas, Declarant and/or persons acting on behalf of Declarant propene to create
a visual easement, in favor of the City, to preserve the three most westerly pipe trees
on parcel one the location of which is shown on the attached final parcel map.
Whereas, the City Council of the City of Cupertino, acting trough its duly authorized
commissions and staff, as a condition of approval of the above described proposal
has required compliance by Declarant with certain covenants, conditions, and
restrictions, further described as follows:
Application 4-TM-90 Norman
Planning Commission Resolution No. 4273
CONDITION # 21: Indicat3 on the final map the location of a visual easement
in favor of the City to ensure preservation of the three
westerly-most pine trees. Terms of the easement shall be
specified in a separate instrument to be recorded
simUltaneously with said final map. The actual
configuration of the easements on each lot shall be
established based on the surveyed location of each tree,
and the surveyed extent of the tree canopy.
1. AGREEMENT TO COMPLY WITH CONDITIONS: Declarant hereby grants an
easement to the City of Cupertino in compliance with Condition No. 21. The
easement granted in this instrument is a right to unimpaired visual access and for the
preservation of the three aforementioned pine trees on parcel one. This easement
hereby imposes the following restrictions on the future use and enjoyment of parcel
one in order to prevent the impairment or destruction of said trees: Public utility
companies shall not trench in the designated easement area no shall the be allowed
to place wires above the trees or within the easement.
L 976PA ^E asp
2. RIGHTS APPURTENANT: This declaration is intended to he a covenant running
with the land and shall bind and inure to the benefit of the heirs, personal
representatives, successors and assigns of each present and future owner of the real
property described herein.
"DECLARANT"
J'
RUTH NORMAN
STATE OF CALIFORNIA, )
)ss.
COUNTY OF SANTA CLARA)
On , 1991, before me, the undersigned, a Notary Public in
and ror said State, personally appeared, ALICE RUTH NORMAN, personally known
to me to be the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
WITNESS my hand and official seal.
t111urv1uuai j
STATE OF CALIFORNIA
COUNTY OF S'"9L^V 't __ C<_41 4/f-- SS.
On /04 h ^4 y / ' 1 ,before me,the undersigned,a Notary Public it.and for said
State,personally appeared --'A f-i C E k
personally known to me
(or proved to me on the basis of satisfactory evidence), to be
the person —_whose name__ 1 _ subscribed
to the within instrument and acknowledged that-
executed the same. SM
2A® IYwW
�. 7t" .ice IA�Y FYlBLI� -
WITNESS my hand and official seal.
Signature-.��t��e2.;-s"=''" -- ,,.q►
,
( LE•78171821 (Tuts am for OM-W Rogow WA)
' L976PAGE ! 241
0
s
A
LEGAL DESCRIPTION:
All that certain real property situate in the City of Cupertino, County of Santa Clara,
State of California, described as follows:
LOT 9 as delineated and designated upon that certain Map entitled, `Tract No. 492
Marquette Heights Subdivision", portion of Northwest 114 of Section 26, Township 7
South Range 2 West, Santa Clara County, California, which said Map was filed in the
office o'the Recorder of the County of Santa Clara, State of California, on March 22,
1948 in Book 18 of Maps, pages 4 and 5.
Shown in Book 366, Page 3, as Lot 15. APN 366-03-015 Attached.
Citiq Of Cuperti
P.O.-1- b sox Sec
10300 Torre Avenue Cupertino.California 95015
Cupertino,California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERIC
December 91 1991
Ruth Norman
11830 Upland Way
Cupertino, CA 95014
IMPS FJT
Dear Ms. Norman
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of C uperti-o and Ruth A. Norman, which has been fully
executed by City Officials, along with one (1) certified copy of
Resolution No. 8554, which was enacted by the City Council of the City of
Cupertino, at their regular meeting of Monday, December 2, 1991.
Singer ly,
DOR�IY C O tN=S_
CITY CLERK
CITY OF C:UPERTI NO
DC/so
encl.
cc: Department of Public Works
RESOLUTION NO. 8554
A RESOLUTION OF THE CITY OOL"WIL OF THE CITY OF Ct,,WRTINO
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PAL
LOCATED 11838 UPLAND WAY, DEVELOPER, WIM A. NORMAN,
AUTHORIZING EXECUTION OF I PROVEN AGREEMENT;
AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMERr PLANS
wMMAS, there has been presented to the City Council for approval of
the parcel map and i - vement plans of property located at 11838 Upland
Way by Ruth A. Norman; and
%HEREA.S, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters and for
other inprovements, and good and sufficient bonds (letter of credit),
fees, and deposits as set forth in Exhibit "A", having been presented for
the faithful performance of said work and the carrying out of said
aunt; and said map, agreement, and bonds having been approved by the
City Attorney;
NOW, nMMURE, HE IT RESOLVED THAT
a. Said parcel map and irovenent plans herein referred to are
hereby approved.
b. The offer of dedication for street areas and all easements is
hereby accepted-
C. The City Engineer is hereby authorized to sign said improvement
plans.
d. The City Engineer and the City Clerk are hereby authorized to
sign said parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this end day of December 1991, by the
following vote:
vote Meigbers of the City Council
Ate; Dean, Goldman, Koppel, Szabo, Sorensen
NOES: None
ABSENT: None
Ate; None
RESOELITION NO. 8554
EXHIBIT "A"
SCHEDULE OF BCtM, FEES, AND DEPOSITS
DEVELOPMENT: SINGLE-FAMILY DWELLING
RUTH A. INN
LOCATION: UPLAND WAY
A. Faithful Perfozmance Bond: $15,000.00
FIF'LM1 THOUSAND AND 00/100 DOLLARS
B. Labor and Material Bond: $15,000.00
FIKEEN THOUSAND AND 00/100 DOLLARS
C. Checking and Inspection Fee: $ 750.00
SEVEN HUNDRED FIFTY PIM 00/100 DOLLARS
D. Indirect City Expenses $ 113.00
ONE HUNDRED THIRTEEN AND 00/1C0 DOLLARS
E. Development Maintenance Deposit: $ 1,000.00
DINE THOUSAND AND 00/100 DOLLARS
F. Storm Drainage Fee: $ 916.00
NINE HUNDRED SIXTEEN AND 00/100 DOLLARS
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee' $ 180.00
CITE HUNDRED EIGHTY AND 00/100 DOLLARS
J. Park Fee: Zone II $31,500.00
THIRTY CIE THOUSANI) FIVE HUNDRED AND 00/100 DOLLARS
K. Water Main Reimbursement Fee: N/A
L. Maps and/or Improvement Plans: As specified in Item
No. 23 of agreement
AGREEMENT
11830 Upland Way
APN 366-3-15 k
This AGREEMENT made and entered into this - 1 day
Of i t ! , 19`; 1 , by and between the CITY of
CUPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and RUrH A NORMAN
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, THE DEVELOPER has made application to the CITY for a
i'ARCEL MAP
hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by GIULIANI & RLLL, INC. ;
true copy of which improvement plans and specifications are on file in
the office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as
though set cut in full;
NOW, THEREFORE, 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".
1
File:51,900
WHEREAS, pursuant to the provisions of this AEI', the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
FIFTEEN THOUSAND DOLLARS AND N0/100 $15,000.00
PART B. Labor and Material Bond:
FIFTEEN THOUSAND DOLLARS AND N0/100 $15,000.00
PART C. Checking and Inspection Fee:
SEVEN HUNDRED FIFTY DOLLARS AND NO1100 $ 750.00
PART D. Indirect City Dcpenses:
ONE HUNDRED 7.HIRTEEN DOLLARS AND N0/100 $ 113.00
PART E. Development Maintenance Deposit:
ONE THOUSAND DOLLARS AND NO1100 $ 1,000.00
PART r. Storm Drainage Fee:
NINE jR.INDRED SIXITJEN DOLLARS AND NO/100 $ 916.00
PART G. One Year Power Cost:
N/A
PART H. Street Trees: By Developer
PART I. Map Checking Fee:
ONE HUNDRED EIGHTY DOLLARS AND N0/100 $ 180.00
PA?T J. Park Fee: ZONE: II
TFIII7PY ONE THOUSAND FIVE HUNDRED DOLLARS AND NO/100 $31,500.00
PART K. Water Main Reimbursement Fee:
N/A
PART L. Maps and/or Improvement Plans
As Specified in Item #23
2
r�
NOW, FORE, IT IS Eby MUIURU,y AGREED by and between the
parties hereto as follows, TO WIT:
1. DEDICATION
A. The DEVELOPER offers to dedicate the real property shown on
Exhibit t1A111 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 DOVELOPER agrees not to revoke said offer of dedication,
and to eep said offer open until the CITY accepts offer by
resolutic...
B. Upon execution of this AGREDUM 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 sale cost and expense, to
the City:
(1) A preliminary title report issued by a title insurance
many relating to the property offered for dedication.
(2 A standard policy of title insurance issued by a title
insurance company and insuring the CITY in the sum 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 AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION 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 AGREEMENT, or such longer
period as may be specifically authorized in writing by the City
Engineer. In the event the DEVELOPER fails or refuses to complete the
Work within the specified period of time, the CITY, at its sole
option, shall be authorized to complete the Work, in whatever manner
the CITY shall decide. In the event the CITY completes the Work, the
CITY may recover any and all costs incurred thereby from the DEVELOPER
or the DEVELOPER'S surety or both.
B. The DEVELDPER shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the
City Engineer of Cupertino. The Work shall be done in accordance 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.
3
. C. It is further agreed that the Work shall be done in accordance
with the most current Surd Specifications of the Department of
Public Works, California Department of Transportation, State of
California, and in accordance 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 Cupertino Sanitary District,
the specifications of the CITY and./or the Cupertino Sanitary District
shall take precedence over and be used in lieu of such conflicting
portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation
permit from the City Engineer before the commencement 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 proposed excavation is to commence.
4. QUITCLAIM DEED
It is further agreed that the DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to
CITY authorization to extract water from the underground strata lying
beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed
and Authorization" in favor of CITY, when presented to him for
signature.
5. BONDS AND OTHER SEC(JRITY
A. Upon the execution of this AGREEMENT, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and
faithful performance of this AGREEMENT. The penal sum of said
faithful performance bond shall be the full cost of any payment to be
made under this AGREEMENT, the value of any land agreed to be
dedicated, and any improvements are to be made under this AGREEMENT'.
In the event that improvements are to be made under this AGREEMENT',
the DEVELOPER shall, in addition to said faithful performance, file
with the CITY a labor and materials bond in a penal sown adequate to
assure full payment of all labor and materials required to construct
said improvements. The amount of said bonds shall be as designated by
the City Engineer. Said bonds shall be executed by a surety caipany
authorized to transact a surety business in the State of California
and must be approved by the City Attorney as to form and by the City
Engineer as to sufficiency. In the event that the DEVELOPER shall
fail faithfully to perform the covenants and conditions of this
AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to
perform this AGREEMENT or otherwise indemnify the CITY for the
DEVELOPER'S failure to so do.
4
B. In lieu of a surety bond, the DE%IELDPER may elect to secure this
AGREEMENT by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of Cupertino; or,
3. A oertifica:z of deposit, or instrument of credit
meeting the requirements of Government Code Section
66499 (b) or. (c) .
C. The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by 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 covenants and
conditions of this AGREEMENT, or to make any payment, or any
dedication of land, or any improvements herein required, the CITY may
apply the proceeds of said security thereto.
D. No release of surety bond, cash deposit, check, or certificate of
deposit, shall be Trade except upon approval of the City Council.
1. Schedule for bond and insurance release for paper bonds are as
follows:
A. Release of 90 percent of the faithful performance bond upon
acceptance by City Council
B. Release of the remaining 10 percent of the performance bond
at one year from acceptance after all deficiencies have been
corrected and in the absence of any claim against such bond.
C. Release of the entire labor and material bond at six months
from acceptance after all deficiencies have been corrected
and in the absence of any claim against such bond.
D. Liability insurance, provided by the developer to hold the
City harmless in the event of liability arising from the
project, to be retired at the end of one year if all
deficiencies have been corrected and in the absence of any
claim against such insurance.
2. Schedule for Bond and Insurance Release for Cash, CD,
Set-Aside Letter are as follows.
A. Release of 45% of bond upon acceptance by City Council.
B. Release of additional 45% at six months from acceptance
after all deficiencies have been corrected and in the
absence of any claim against such bond.
C. Release of remaining 10% at one year from date of acceptance
after all deficiencies have been corrected and in the
absence of any claim against such bond.
D. Release of the liability insurance, provided by the
developer or contractor to hold the City harmless in the
event of liability arising from the subject project, at the
end of one year if all deficiencies have been corrected and
in the absence of any claims against such insurance.
E. No interest shall be paid on any security deposited with the
CITY.
5
6. CHECKING AND INSPECTION FEE
It is further agr(..,i c t1i.-A DF%I:LOPUI shall pray any and all necessary
direct expenses tor inspect-ion, checking, etc., incurred by CITY in
connection with said Project, and that DEVELOPER shall have deposited
with CITY, prior to execution of this AGREEM Nr, the amount as set
forth herein at Page 2 (Part. C.) . Should construction cat vary
materially from 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. INDIRDCT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREavmNT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. MAP CHECKENG FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AGREEMENT, for office checking of final
map and field checking of street monuments, in compliance with Section
4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at Page 2 (Part I) .
9. DI?VEIOPMENT MAWTFZdANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of U-iis ACPEEMLNT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and clezuiing during the const.racti.3n period. The development
maintenance deposit noy be utilized for repairs of defects and
imperfec.-tions arising out of or due to faulty workmanship and.or
materials appearing in said work during the period until release of
the surety bonds or other security permitted under paragraph 5.B 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 surety bond or other security permitted under
paragraph 5.B.
10.S`WRM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this ACRF10AI3r, a storm drainage charge in
connection with the 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 MAIN EXTENSION NSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Depositst1 dated 9/30/77. The deposit shall be held by the CITY until
said monies are needed to implement improvements amtlined by the
Director of Public Works or improvements outlined within the adopted
Water Master Plan.
6
The amount shown herein at Part K, Page 2, shall be the full amount
due.
12.ONE YEAR POWER CO:'I'
It is further agreed that the DEVELAPEP, shall pay to the CITY prior to
execution of this AGREEI-TEM, the amount as set forth herein at Page 2
(Part G) , which amount represents the power cost for street lights for
one year.
13.THE INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance
with the standards of the City of Cupertino. Variety of tree shall be
selected from the City approved list.
14.PARK FEES
It is further agreed that the DEVELDPER shall pay such fees and/or
dedicate such land to the CITY, prior to execution, as is required
within Section 18-1.602 Park Land Dedication, Cupertino Municipal
Code, and which is further stipulated under Part J, Page 2 herein.
14A PARK FEE 10JUSIi ERE PROVISIONS
The value of the land used is establishing the "Park Fee" outlined
herein on Page 2, Part J, requires formal confirmation. The CITY
shall ploy a qualified local appraiser to provide a market value of
the land. The City will calculate the "Park Fee" based on the
appraisal. The Developer agrees to pay for any deficiency within
thirty (30) days and the City agrees to refund overage within thirty
(30) days. * Adjustments shall be made prior to acceptance of the
subdivision improvements.
15. MAINTENANCE OF WORK
It is further agreed that the DEVELOPER shall maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans and
the City Standards and Specifications for. the Work. The DEVEU)PER
shall, upon written notice thereof, inuiediately repair or replace,
without oast or obligation to the City of Cupertino, and to the entire
satisfaction of said CITY, all defects and imperfections arising out
of or due to faulty workmanship and/or materials appearing in said
Work.
16. SANITARY DISTRICT'
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, a letter from the Cupertino Sanitary
District stating that the DEVELOPER has entered into a separate
ACREEMERr with the said District to install sanitary sewers to serve
all lots within said Project and stating that a bond to insure full
and faithful performance of the construction of the said sanitary
sewers and to insure maintenances of said sanitary sewer in conformance
with the provisions as set forth in Paragraph 15 above has been filed.
7
17. GOVfRNMEW OODE
It is further agrees that DEVELOPER shall file with CITY, upon
execution of this AGREEKERr, substantial evidence that all provisions
of Section 66493, Article 8, Chapter 4 of the Government Code,
pertaining to special assessments or bonds, have been complied with.
18. CENTRAL FIRE DI:IIRICT
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this AGZEEK1` r, a letter from the Central Fire Protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an AGREEKWr with said District to install fire hydrants to serve
said Project and stating that all necessary fees have been deposited
with said District to insure installation and five (5) year rental fee
of said hydrants.
19. PACIFIC GAS AND E[MMIC/PACIFIC BELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PACIFIC BELL Copany any and all fees
required for installation of overhead and/or underground wiring
circuits to all electroliers within said property and any and all fees
required for undergrounding as provided in Ordinance No. 331 of CITY
when DEVELOPUR is notified by either the City Engineer or the Pacific
Gas and Electric ComQany and/or PACIFIC BELL Company that said fees
are due and payable.
20. EASEmENrS AND RIGHT'-OF-WAY
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acquired by the DEVELOPER at his
own cost and expense.
It is provided, however, that in the event eminent domain proceedings
are required the CITY for the purpose of securing said easement and
right-of-way, that the DEVELOPER shall deposit with CITY a sum
covering the reasonable market value of the land proposed to be taken
and to be included in said sun shall be a reasonable allowance for
severance damages, if any. It is further provided that in addition
thereto, such suns 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 Cupertino.
21. HOLD HAMMS
It is further agreed that, eom eocing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the completion
of the maintenance of the Work, the DEVELOPER shall indemnify, hold
harmless and defend the CITY frc m and against any or all loss, cost,
expense, damage or liability, or claim thereof, occasioned by or in
any way whatsoever arising out of the performance or nonperformance of
the Work or the negligence or willful misconduct, of the DEVELOPER or
the DEVELOPER'S agents, employees and independent contractors, 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.
8
22. INSURANCE
It is further agreed that: Thfe DEVELOPER .xiall take out, or shall
require any contractor engaged to perform the Work to take out, 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 DEVELOPER. Both bodily
injury and property damage insurance must be on an occurrence basis;
and said policy or policies shall provide that 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.
The insurance carrier shall provide proof of their ratings. All
ratings shall be a minimum of "Best A-?" in accordance with ABAG
policies.
A. Each of said policies of insurance shall provide coverage in the
following minimLun amounts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGREE ERr by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. 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. The City shall be shown as additionally
insured on a separate "Additional Insured Owners, Lessees or
Contractors" (Form A) or (Form B) Endorsement provided along with the
evidence of said foregoing policy of policies of Insurance
C. In the event that the Project covered herein should be mutually
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 IMF'ROVE14ENr PLANS
It is further agreed that the CITY shall obtain the followirrl map
and/or plans at the DEVELOPER'S e:gaense:
9
A. A mylar sepia and seven (7) prints of fully executed paroel
map-
B. A mylar sepia and ten (10) prints of fully executed
improvement plans.
C. A direct duplicating silver negative microfilm aperture
card of all executed improvement plans and map.
The DEVELOPER agrees to pay the CITY fram the development maintenance
deposit the cost for all prints of plans and map required under Item
23.
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferees of the DEVELOPER. The assignment
of this AGREDawr shall not be made without approval by the City
Council of the City of Cupertino.
10
v e
IN WITNESS F, CITY has caused its matte to be hereunto affixed by
its Mayor and City Clerk, thereunto duly amhorized by resolution of the
City Council and said DEVELOPER has hereunto caused his name to be affixed
the day and year first move written.
CITY OF CUPFRTINO:
Approved as to form:
yor
City Attorney City Clerk
DEVELOPER:
(individual)
STATE OF CALIFORNIA
SS,
COUNTY OFCn
On o u 24 n 91 —before me,the undersigned,a Notary Public in and for said
State,personally appeared RUTH A NORMAN — — -- - ------ -
(or proved to me on the basis of satisfactory evidence), to be
the person whose name_.t:,S_ ' subscribed
to the within instrument and acknowledged that SHE:
executed the same, j
AL SURYAKUMARI
WITNESS my h#and :ial seal. W01kat'ISMI -CAL A
F'A �II.OFF�B+}
Signature G..^ 9AN 16CL#R110 {9H11/
16lyCt�ierlwiee►8>p�.ttC►tEf,1�
LE•78(7/88) ATard far omNai aotaYd mat►
FAITHFUL PERFORMANCE AND IMPROVEMENT COMPLE-
TION BOND FOR SUBDIVISION IMPROVEMENTS
Bond No. #11.56933
RECITALS
1 . The City Co9n^i1 of the City of Cupertino,
California, and Ruth A. Norman (hereinafter referred
to as "Principal" ) have entered into an agreement where-
by Principal agrees to install and complete certain
designated public improvements, which agreement, dated
19 , and identified as Project/�cX
51,900 , is incorporated by this reference as if set
forth in full; and,
2. Principal is required under the terms of the
agreement to furnish a bond for the faithful performance
of the agreement.
NOW, THEREFORE, Principal and AMWEST SURETY INS4RANCE COMPANY
(hereinafter "Surety" ) as Surety, are held and firmly
bound unto the City of Cupertino in the penal sum of
FIFTEEN THOUSAND dollars ( $ 15,000.00 ) law-
ful money of the United States, for the payment of which
sum we jointly and severally bind ourselves, our heirs,
successors, assigns, executors and administrators.
The condition of this obligation is such that if
the Principal, his or its heirs, executors, :admini-
strators, successors or assigns, shall abide by, keep
and perform the covenants, conditions and provisions in
the agreement and any alteration thereof made as therein
provided, on his or their part, to be kept and performed
at the time and in the manner therein specified, and in
all respects according to their true ,intent and meaning,
and shall indemnify and save harmless City of Cupertino,
its officers, agents and employees, as therein stipu-
lated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and
effect.
This bond shall remain in full force and effect
throughout the period that Principal maintains the work
after acceptance thereof by City of Cupertino, as re-
quired by the agreement. Principal and Surety shall be
responsible for any and all damages arising under the
agreement.
As a part of the obligation secured hereby and in
addition to the face amount specified therefor, there
[CC.DEF.FP] 1
71
shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by
City of Cupertino in successfully enforcing such obli-
gation, all to be taxed as costs and included in any
judgment rendered.
The Surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same
shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such change, ex-
tension of time, alteration or addition to the terms of
the agreement or to the work or to the specifications.
Appropriate modifications shall be made if the
bond is being furnished to secure the performance of an
act not provided for in the agreement. _.
IN WITNESS WHEREOF, this instrument has been duly
executed by the Principal and the Surety on November 1,9 ,
1991
Ruth A. Norman
Principal
By ( �' ��_ S-r•�--cam- .
STATE OF CALIFORNIA, )
ss.
COUNTY OFsanta Clara )
On November 19 , 0 1990, before me, the under-
signed, a Notary Public in and for said State, personal-
ly appeared Lynn M_ Wiley
personally known to me or 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 acknowl-
edged to me that he executed the same.
WITNESS my hand and official seal.
[CC.DEF.FP, 2
USA&WML Lisa M. Wall
c, NOWPOW.CkFa Notary Public in and for
e SWAQARACMtM said State.
= NN Comm.rEX0,Dec.If 19"
AMWEST SURETY INSURANCE CUr1PANY
Surety y
By
Lynn ey Attorney-In-Fact �k
STATE OF CALIFOELAIA, ) `
ss.
COUNTY OF
On _z_ :;I-- , t9.98-, before me, the under-
signed, a Notary Public in and for said State, personal-
ly appeared -if�ti �ti �-L ..✓�-.�hi��� -
r�proved to me on the basis of
satisfactory evidence-) to be the personfs_ whose namel_s�
is/a-re subscribed to the within Instrument, and acknowl-
edged to me that 5 he executed the same.
WITNESS my hand and official seal.
my c,;T,;;;;._„ y. Notary Public in and for
< said State.
APPROVED AS TO FORM:
CHARLES T. KILIAN
City Attorney
The above bond is hereby accepted and approved on
19 .
CITY OF CUPERTINO
By
[CC.DEF.FP) 3
BOND No. #1256933
LABOR AND MATERIAL BOND FOR SUBDIVISION
IMPROVEMENTS
Recitals
1 . The City Council of the City of Cupertino,
California, and Ruth A Norman (hereinafter
referred to as "Principal" ) have entered into an agree-
ment whereby Principal agrees to install and complete
certain designated public improvements, dated
19 , and identified as project/mix no. 51,900 is in-
corporated by this reference as if set forth in full;
and,
2. Pursuant to the agreement, Principal is requir-
ed, before commencing performance of the work, to file a
good and sufficient payment bond with the City of
Cupertino to secure any claims brought under Title 15,
Division 3, Part 4 of the Civil Code (commencing with
Section 3082) .
NOW, THEREFORE, the Principal and the undersigned
as corporate surety (hereinafter referred to as
"Surety" ) their heirs, successors, assigns, executors
and administrators, jointly and severally are held bound
unto the City of Cupertino and all contractors, sub-
contractors, laborers, materialmen and other persons
employed in the performance of the agreement and refer-
(CC.DEF.FP. 1 ) 1
red in the aforementioned Civil Code in the sum of FIFTEEN
THOUSAND dollars ( $ 15,000.00 ) , for materials
furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to
such work or labor, that the surety will pay the same in
an amount not exceeding the amount hereinabove set
forth, and also in case suit is brought upon this bond,
will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City of Cupertino in
successfully enforcing such obligation, to be awarded
and fixed by the court, and to be taxed as costs and to
be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all per-
sons, companies and corporations entitled to file claims
under Title 15 (commencing with Section 3082) of Part 4
of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought
upon this bond.
Should the condition of this bond be fully per-
formed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and
effect.
The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
(CC.DEF.FP. 11 2
terms of said agreement or the specifications accompany-
ing the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any
such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly
executed by the Principal and Surety on November 19
1991.
Ruth A. Norman
Principal
STATE OF CALIFORNIA, )
ss.
COUNTY OF Santa Clara )
2�
On NQvemb r c , 1996, before me, the under-
signed, a Notary Public in and for said State, personal-
ly appeared
personally known to me or 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 acknowl-
edged to me that -he-executed the same.
WITNESS my hand and official seal.
QFFzciar.
NOTARY PUBLIC-CALiCitlCAi
SANTA CLARA C"TY Lisa M. Wall
&r Comm.Exo.Dec.16,19ge Notary Public in and for
said State.
AMWEST SURETY INSURANCE COMPANY
Surety
By. Lynn M. Wiley` �'.1.L�
STATE OF CALIFORNIA, ) Attorrey-in-fact %
) ss.
COUNTY OF __,C����C; � (uO 11"'` )
I� SIP
On N 0 t,- b �c 1990, before me, the under-
signed, a Notary Public in and for said State, personal-
[CC.DEF.FP. 1 ] 3
ly appeared
v
personally -?mown to me or proved to me on t e asis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within Instrument, and acknowl-
edged to me that he executed the same.
WITNESS my hand and official seal.
`'�'1i$.w Pd f--t*,•r4 n.p„a.AA.r AA
Notary Public in and for
1,
said State.
APPROVED AS TO FORM: +, a. ►o
OFMiAL am
A.
7t+4!d',.. � til'3�'�tF"i'r�Li i " :. L•.rEV:5
5 FR INC IP�LOFF}CE iw!
t;AJNTA CL ARA COUNTY
^-. f fdp Cr..^ir •: m Exp.!vy;1 R 1904
City Attorney
The above bond is hereby accepted and approved on
19_.
CITY OF CUPERTINO
By:
[CC.DEF.FP. 1 ] 4
® ® A
BOND NUMBER 1256933 POWTR NUMBER NOT VALID FOR BONDS
a �~ —75 EXECUTED ON OR AFTER
- 4_ !
. 11e03-92
PENAL.SUM
_
This document is printed on multi-colored security paper with black and red ink,with border in blue ink and bears the raised
seal of Amwest Surety Insurance Company (the `Company"). Only unaltered originals of this Power of Attorney are valid.
This Power of Attomey is valid solely in connection with the execution and delivery of the bond noted above and may not he
used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may
be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney
used in connection witt:any bond issued by the Company trust be on this form and no other form shall have force or effect.
I(NOW ALL MEN BY THESE PRESENTS,that Amwest Surety Insurance Company,a California
corporation (the "Company"), does hereby make, constitute and appoint:
LYNN M. WILEY
AS AN EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY
its true and lawful Attomey-in-Fact,with limited power and authority for and on behaif of the Company as surety,
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,
recognizances or other written obligations in the nature thereof as follows:
Bid Bonds up to $**1.000.000 .00
Contract (Performance & Payment) . Court . Subdivision $**1o000P000.00
® � License & Permit Bonds up to $*#1o000.000 .00
Miscettaneous Bonds up to S**1o000.000. 00
Smart Business Administration Guaranteed Bonds up to $**1s250.000.00
®991
galand to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the
9%101 Company, which are now in full force and effect.
T
`41 CERTIFI'CATE
1, the undersigned secretary of Amwest Surety insurance Company, a California corporation,
L !
DC) HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been.. revoked
and furthermore, that the -esolutions of the Board of Directors set forth on the reverse, and that the relevant
FIR C94 provisions of the By-Laws of the Company, are now in full force and effect.
Signed and sealed at San Jose, California this 19th day of November 19 91
0000114244 • 75
Karen G. Cohen, Secretary 2
® m
ResOhAtions of the Board of Directors = ,.-t�` y & .<k> .a"x.s.xM $M
.. .1 11.. 11
..._ � t .... ♦ .. t .. . ..-, _ .. _. � ... . .i .. _... .. - 1. . 1.\ I'. - ..� .... ..
.. . .1nd
TIS C017" ',?22 Cal k�� hP ''hel !-*!
tlllll l!111[I7'f/ff,,
Wa[lq Cr
I, TlC L\? to I'C the
.... ... -, .... ...:., .I 1 I{I, ,.C11.dM1CCI !he
e'fiCCL1fIrQ1,'I ;{lc>.11.11,Cls�i.i... l:c.I" Mi' 'A ;Itl iL. _.L.1.!...I���1 li � ..�`I�I'+�i:Ui'M;11,11t'�.2id
and Lhx Ow Vital 1fi']fxi t,) t,a, l:'t.;( £1S SUCII
011lcer,� !ACC. dill%' Jll x(,J and to :Ili' 17,. I P, Pt,'.o1'j 1.1 ,.tlij ic'C'i iT;llk IZ
OFFICIAL SEAL
ANA B.ZAMUDIO-SOUS
My ANCEtFs courrtv
r�corrv,Iboon t
October^22, 1993
c• ss w »^� ^^^^^ Restrictions and Endorsements
CITY OF CUPERTINO
INV'TERDEPARTMENTAL Date. Dec. 3, 1991
Tr_ CITY CLERK From PUBLIC WORKS--SUMI —
❑ Information MESSAGE: RUTH A. NORMAN--11830 UPLAND WAY (CC 12/2/91)
❑ Implement
❑ Investigate
❑ Discuss 1. THREE SETS OF AGREEMENT FOR PROCESSING. _
❑ See me 2. ONE COPY EACH FAITHFUL PERFORMANCE BOND AND LABOR AND
❑ Reply MATERIAL BOND. AMWEST SURETY INSURANCE COMPANY
Y_ 3. INSURANCE (to follow) —
sm
attach.
Reply: -- -- - ----
Ruth Norman
118 p an ay -- — --
Cupestina, CA 95014
SIGNED: DATE
Forward part 1 Retain part 2