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82-012 Technical Analysis, Inc.; Stevens Creek at Carmen Rd Widening Project 82-17, (ATTACHMENT) City of Cupertino AGREEMENT NO., _____ _ BY THIS AGREEMENT made and entered into on the 4th day of May 19-=8=2 ___ _ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) TECHNICAL ANALYSIS, INC.-Paul Tai (2) _______________ _ Address 20395 Pad fka Dr Suite 107 City Cupertino, Ca Zip95014 Phone 252-1020 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: Architectural services for redesigning of Brokaw residence at 10081 Carmen Road in conjunction with the widening of Stevens Creek Boulevard at Carmen Road. DELIVERY: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A -Outline of scope of services, payment schedule, etc. TERMS The services and/or materials furnished under this Agreement shall commence on as sped fi ed in Exhibit A and shall be completed before ----------- COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the per- formance of this agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in th.e sense that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: Name __ T ....... r .... a_._v .... i .... c .... e........,Whu....ai ..... t .... t.,.e .... n..__ _________ Department _ __:P:_u:::.b=-cl=i=c_W=o-=r.::.:k:=s ________ _ Address 10300 Torre £\vem1e Cupertino, CA 95014 Telephone (408) 252 4505 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and ye first written above. RESOLUTION NO. 5860 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND TECHNICAL ANALYSIS, INC., FOR ARCHITECTURAL SERVICES· IN CONJUNCTION WITH THE WIDENING OF STEVENS CREEK BOULEVARD AT CARMEN ROAD WHEREAS, in order for the City to proceed with the widening project of Stevens Creek Boulevard at Carmen Road, it is necessary to engage the services of an architect to redesign the existing residence of Janice L. Brokaw at 10081 Carmen Road, to provide for necessary right-of-way required for the widening; and WHEREAS, the firm of Technical Analysis, Inc., represented by Paul K. Tai, is qualified and willing to provide the required services as more fully outlined in the proposed agreement submitted to the City and approved by the City Attorney and the Director of Public Works. NOW, THEREFORE, be it resolved that the Mayor and the City Clerk are hereby authorized to execute the aforementioned agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of Ma , 1982, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Gatto, Johnson, Plungy, Rogers, Sparks None None None APPROVED: /s/ Reed Sparks Mayor, City of Cupertino Is/ Dorothy Cornelius City Clerk \ TECHNICAL ANALYSIS, INC. /ado 404-55-far-re-Ave:,GtJ13efttfle;-GA-950-1-4-(4fl8·)-252..:l;Q60- ~0 J~..l fAClflCA DR. SUITE 107 CUPERTINO, CA. 95014 DESIGN & ENGINEERING SERVICES AGREEMENT EXHiBIT A THIS AGREEMENT made and entered into this 3rd day of May , 1982, by and between City of Cupertino, hereinafter referred to as City; and TECHNICAL ANALYSIS, INC. represented by Paul K. Tai hereinafter referred to as TECHNICAL. I. TECHNICAL will provide and implement the professional services to to develop and complete the architectural design and engineering calculation work for Mrs. Janie Brokaw 1 s Residence addition at 10081 Carmen Rd. Cupertino, California, which includes a two car garage at the ground floor and a master bedroom on the second floor above the garage, for CITY subject to the following mutally agreed scope of services, payment schedule, terms and conditions. II. CITY will pay TECHNICAL a certain fee stated below for said professional services subject to the following mutally agreed scope of services, · payment schedule, terms and conditions. III. SCOPE OF SERVICES 1. TECHNICAL will prepare, provide and develop all necessary architectural drawings and p 1 ans ftortfsa id :add itioiri ,at· the,, ab,eJ'.\i'tr mentioned address. 2. TECHNICAL shall provide all necessary engineering calculations to substantiate the design. 3. TECHNICAL will interface and attend all necessary meetings with the City of Cupertino for matters concerning said map. 4. TECHNICAL will keep CITY well informed about the progress of the project. 5. TECHNICAL will provide CITY one complete set of drawings in sepia and two complete sets of drawings in blue print. IV. PAYMENT SCHEDULE 1. CITY will pay TEHCNICAL for their professional services a total fee of $4,500. The payments are scheduled as follows: ( 1) $ 500. 00 (2) $4000.00 As retainer, due upon this AGREEMENT is executed. Due upon the completion of all design work. DESIGN AND ENGINEERING SERVICES AGREEMENT Page 2. V. TERMS AND CONDITIONS 1. 2. 3. 4. 5. 6. 7. 8. CITY will agree that the signed acceptance of each set of working drawings will constitute satisfactory completion of that set. Any change order after said acceptance or approval will be charged per hourly rate basis of TECHNICAL, which is $50.00 per hour. TECHNICAL will not provide any renderings or displaya,rtwork. CITY will reimburse the expenses of all necessary transportation outside of the San Francisco Bay Area pertaining to the preparation of said design work with the condition that CITY has been informed beforehand. CITY shall pay all the legal fees involved for preparing any required easements involved. CITY shall secure and pay all bond expenses if required. Ii'"V-afl-EI-~ are aware of the understa · event ~ law suit might be-fTlea · · with this AGREEMENT each s-)3/a'Z,, r....A-a ay is own attorney fees. CITY and TECHNICAL are aware and agree upon that this AGREEMENT will not affect any agreement TECHNICAL ANALYSIS, INC. has with the City of Cupertino. The total time for this contractual work is three(3) week~ commencing from the date this AGREEMENT is executed. 10. Time being the essence of this contract, CITY and TECHNICAL agree that if this AGREEMENT is not signed by both parties on or before M x 3 . , 1982, this AGREEMENT becomes null and void a~there is no further obligation of any kind by either parties. IN WITNESS WHEREOF, the parties hereto have executed the AGREEMENT the day and year herein above first written. Paul K. Tai, P.t. · ate President TECHNICAL ANALYSIS, INC. 20395 Pacifica Dr. Cupertino, CA 95014 City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 A~~ City Clerk TO: The City of Cupertino Public Works Department ATTENTION: Travice Whitten Reference is made to that certain agreement dated July 19, 1982 between the City of Cupertino and Janice L. Brokaw. I hereby confirm that the City has fulfilled all obligations outlined in Sections 1, 2, 3, 4, 5 and 6 on page 2 in the above mentioned agreement Dated Notary acknowledgement attached. STATE OF CALIFORNIA ) ) SS. COUNTY OF SANTA CLARA) On this day of __ ...;,./_~ ____ day of -~d~_o:;_'/('~d~-------- /Y}atet'e at?e /. in the year of J7f3 before me Ye:::>~ 'D ~v 1 personally appeared -~~~~~~/J_1~C,~li"'~--,,('.~·--~~&3~~~~~C.:Z~4...)~-------~--- d f)J_ .:tJ. /?"" 0 cf /9.s-J'.S--personally known to me (or proved~to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. ~r;>(9r;>(9r;>{9l;:f!){N9~<N9~~')G'\(_')~')G':(')~G>(91 ~ OFFICIAL SEAL ~ 8 DOROTHY MARJE CORNELIUS ~ ~ NOTARY PUBLIC· CALli;OKNIA 'fl G SANTA CLARA COUNfY GI I My Commission Expires Feb. 17, 1984 § ~~~~(;:(9(;:(9\j1\9~(;:(9~G:\9G~~G":<!l~~I Notary Publ for the County of Santa Clara, State of California ------------------------------------------------------------------------------- STATE OF CALIFORJ.~IA ) ) COUNTY OF SANTA CLARA) CORPORATION ACKNOWLEDGEMENT SS. On this day of --------~day of in the year of , before me --------------------------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. 6/29/82 Notary Public in and for the County of Santa Clara, State of California CONTRACT FOR PUBLIC WORK CONTRACT made on by the CITY OF CUPERTINO, a municipal corporation of the state of California, hereinafter called the City, and GUZMAN CONSTRUCTION CO, INC. hereinafter called the Contractor. IT IS HEREBY AGREED by the parties as follows: 1. THE CONTRACT DOCUMENTS. The complete Contract consists of the following contract documents: 1. Plans and Specifications for Stevens Creek Boulevard Widening at Carmen Road, Phase 1 -House Remodel, Project 8__?-11,~ 2. Faithful Performance Insurance Certificate 3. This Contract Bonds, Labor and Materials Bonds, 4. Bid proposal referred to as Exhibit A Any and all obligations of the City and the Contractor are fully set forth and described herein. All of the above docum~nts are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said doc- uments. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and Specifications on the one hand, and this Con- tract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Stevens Creek Boulevard Widening at Carmen Road, Phase 1 -House Remodel, Project 82-17 as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the following named person: Mr. Bert J. Page 1 Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, Stevens Creek Boulevard Widening at Carmen Road, Phase 1 -House Remodel, Project 82-17 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction and control of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract the following named person: Mr. Bert J. Viskovich, Director of Public Works. 3. CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: Sixty-Five Thousand, Four Hundred and no/100 Dollars ($65,400.00) subject to additions and deductions as provided in the Contract Documents. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dis- pute arise respecting the true value of any work done, of any work omitted, or of any extra work which the contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the A- merican Arbitration Association if the parties are unable to agree. 5. PERMITS; COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc., for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the Work, and to the shops wherein the work is in preparation. Where the Specifications require work to be spe- cially tested or approved, it shall not be tested or covered up with- out timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor's expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, deviations, additions or omissions from the Specifications or Plans or Page 2 other Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable val- uation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all a- gencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by state and Fed- eral statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, a- mendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitra- tion Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: On or before the expiration of sixty (60) working days after approval of the contract If the Contractor shall be delayed in the work by the acts or neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lock- outs by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Doc- uments. Page 3 11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Con- tractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to ter- minate the Contract, such notice to contain the reasons for such in- tention to terminate the Contract, and, unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for correction thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Con- tractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, with- out liability for so doing, take possession of, and utilize in comp- leting the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Con- tractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its dis- cretion. In so doing, the City shall be deemed the agent of the Con- tractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial deter- mination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitle~ to substitute securities as provided in.Section 4590 of the California Government Code as more fully described in the Page 4 City's Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under the Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; Cb) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 5380 Arboretum Drive, Los Altos, CA 94022 postage prepaid and certified; and Cc) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last com- municated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CON'rRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Spec- ifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Con- tractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Con- tract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the payment of all persons for furnishing ma- terials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this contract, and for the pay- ment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. 18. INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required by the City, nor Page 5 shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement ex- tending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Con- tractor under this Contract shall also contain an endorsement pro- viding that thirty (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any can- cellation of modification of the policy. (a) WORKMEN'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract workmen's Compensation Insurance and Employer's Li- ability Insurance for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation In- surance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following cer- tification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self insurance in accordance with the provisions of the code, and I will comply with such pro- visions before commencing the performance of the work of this contract." Page 6 (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also including what are commonly known as the "X, C, and U" exclusions (having to do with blasting, collapse, and underground property damage), which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Bodily Injury Liability Insurance in an amount not less than $300,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500,000.00, on account of one accident, and Property Damage Liability Insurance in an amount not less than $200,000. The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy, and that, if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. (c) FIRE INSURANCE. The Contractor shall take out and maintain for the benefit of both parties to this Contract insurance covering loss by fire, extended coverage endorsement perils (windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles, smoke), and vandalism and malicious mischief upon the entire structure on which the work of this Contract is to be done to one hundred percent (100%) of the insurable value thereof. Proper evidence of such insurance shall be furnished to the Ci ty,,:Z&lli11£1 iDh JSr. If the City provides the fire insurance hereunder, and the contractor desires broader protection than the perils of loss by fire, extended coverage endorsement perils, and vandalism and malicious mischief, the City will attempt to obtain such broader protection and the Contractor agrees to pay any additional cost for such broader protection. 19. HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to prop- erty sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said Page 7 work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20. HOURS OF WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall con- sti tiute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or sub- contractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Sec- tion 1815 of the Labor Code of the State of California, work performed by employees of contrators in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulaEed that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of Cal- ifornia, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twen- ty-five Dollars ($25.00) for each laborer, workman, or mechanic em- ployed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, workmen, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, workmen, and mechanics em- ployed by him in connection with the work contemplated by this Con- tract, which record shall be open at all reasonable hours to the in- spection of the City or its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime work in the locality in which this work is to be per- formed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. Page 8 1776. (a) Each contractor and subcontractor shall keep an ac- curate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each j.ourneyman, apprentice, worker, or other employee employed by him or her in connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be availabe for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in sub- division (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in sub- division (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the con- tract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the contractor. (c) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records with 10 days after receipt of a written request. (d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Di- vision of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the con- tractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), includ- ing the street address, city and county and shall, within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the contractor shall have 10 days in which to comply sub- sequent to receipt of written notice specifying in what respects such contractor must comply with this section. Should noncompliance still be evident after such 10-day period, the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for Page 9 each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipula- tions shall fix the responsibility for compliance with this section on the prime contractor. (h) The director shall adopt rules consistent with the California Public Records Act, (Ch. 3.5 (commencing with Sec. 6250) of Div. 7, Title 1, Gov. C.) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ.C.) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this Section. (Added by Stats. 1978, Ch. 1249.) 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070), Division 3, of the Labor Code, are eligible to be employed on public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in per- forming any of the work under th contract or subcontract, employs workmen in any apprenticeable craft or trade, the contractor and sub- contractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or Page 10 subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The contractor or subcontractor, if he is covered by this sec- tion, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the contract that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than on apprentice to each five journeymen, the Division of Apprenticeship standards may grant a certificate exempting the contractor from the l-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000) or 20 working days or to contracts of specialty contractors not bid- ding for work through a general or prime contractor, involving less than two thousand dollars ($2,000) or fewer than five working days. "Apprenticeable craft or trade," as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations presecribed by the Apprentice- ship council. The joint apprenticeship committee shall have the dis- cretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the l-to-5 ratio set forth in this section when it finds that any on of the following conditions is met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5 or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis. (d) If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public at large if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When such exemptions are granted to an organization which repre- sents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to Page 11 submit individual applications for approval to local apprenticeship committes, provided they are already covered local apprenticeship standards. joint by the A contractor to whom the contract is awarded, or any subcon- tractor under him, who, in performing any of the work under the con- tract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contribut- ing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractor or subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to the fund or funds as set forth in Section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. (Amended by Stats. 1976, Ch. 1179.) 1777.6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered appren- tices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stats. 1976, Ch. 1179.) Sec. 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5, such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50) for each calendar day of noncompliance. Notwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to become due such sum. Cb) Any such determination shall be issued after a full in- vestigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. Page 12 (c) Any funds withheld by the awarding body pursuant to this section shall be deposited in the General Fund if the awarding body is a.state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the state. The interpretation and enforcement of Sections 1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249.) It shall be mandatory upon the Contractor, and upon any subcon- tractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. If is further expressly stipulated that the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each laborer, workman, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or by any subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. In case it becomes necessary for the Contractor or any subcon- tractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Con- tractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupa- tion from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times foi the protection of persons (including employees) and proper- ty. The safety provisions of applicable laws, building and construc- tion codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety pro- visions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. · 23. PAYMENT. Not later than the first Tuesday of each calendar month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ten days, until the expiration of ninety-five (95) days after the acceptance of completion of such work of improvement as evidenced by resolution of Page 13 its governing body, at which time and not before, the City shall pay t9 the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City's representative shall, before tpe last Tuesday of each month, deliver said certificates under his hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate or certificates. In event of the failure of the City's representative to furnish and deliver said certificates or any of them, or in lieu thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City's representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitled the Contractor to the certificates. The payment of progress payments by the City shall not be cons- trued as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspec- tion and approval of the City, and subject to whatever inspection and approval may be required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be respon- sible, as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, lo- cated on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Con- tractor for costs incurred in relocating or repairing damage to util- ity facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the con- struction site can be inferred from the presence of such visible fa- cilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed li- quidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the re- moval or relocation of the existing utility facilities. If the Con- tractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an act of God. "Acts of God" shall include only the following occur- Page 14 rences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of Cali- fornia or by the President of the United States, or were of a mag- nitude at the site of the work sufficient to have caused a proclama- iion of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equip- ment or any part thereof, or in, on, or about the same during its construction and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guar- antees the first-class quality of all workmanship and of all mater- ials, apparatus, and equipment used or installed by him or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guar- antees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one Cl} year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defect or defects without cost to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of Fifty and no/100 dollars ($50.00), for each and every day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and the Contractor hereunder, or his assigns and successor at the time of completion, and the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. Page 15 Purchase Order Number: 28. ADDITIONAL PROVISIONS. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. Notary acknowledgement required. If a corporation, corporate seal and corporate notary acknowledgement required. CITY OF CUPE~ Mayo~~" City Clerk: ~ty~&: Project Name and Number: Stevens Creek Boulevard Widening at Carmen Road, Phase 1 -House Remodel, Project 82-17 Contractor's Name: Guzman Construction Co., Inc. Contract Amount: Sixty-Five Thousand Four Hundred and no/100 Dollars ($65,400.00) Contract Account Number: 110-8217-950.13 Page 16 STATE OF CALIFORNIA ) ) SS • . COUNTY OF SANTA CLARA) On this day of day of personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA) ss. ~ On this day of _ ...... J-"'r _____ day of «10 fl$ t-' in the year of _,,_l _CZ~f~;;;.._ __ , before me J)" f.Lo 1-ly Ma~; e (/e.,,e /'vs, personally appeared ~--J;:?i ............ ~,~'c:..-"---'-·~_,,_,.;;i..=-<&....,.._d=--_ __,,~.,._.4"""""'2....=-<-M'-1-L8--"-'-'AJ""'--~~~~~~~--~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Ereside!!,t (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. f'P~~~~CIGC1<9G'G~C'.<9~tx91'i:GG><9~ ~ OFFICIAL SEAL B 'il ~ DOROTHY MARIE CORNELIUS 8 ~ ~ NOTARY PUBUC. CALlfOl{NIA ~ G SANTA CLARA COUNTY ~ ~ My Commission Expires Feb. 17, 1984 i ~Gl(9(;':(900Cll9<.'X'J(';-(9tl®C:<9~G::(9t;:<.'J~G'('J~· 6/29/82 ~ #~~ Notaryptibli~nd for the County of Santa Clara, State of California ·.----. BID PROPOSAL • STEVENS CREEK BOULEVARD WIDENING AT CARl>fEN ROAD PHASE I -HOUSE REMODEL PROJECT 82-17 EXHIBIT A TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA: Dear Sir: In compliance with the Plans and Specifications furnished for the Stevens Creek Boulevard widening at Carmen Road, Phase I -House Remodel, Project 82-17, I, the undersigned, hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with the Specifications and/or Plans for the amounts set forth herein on the incorporated schedule. The work shall be the construction of an addition to an existing single family home as outlined in the Specifications and/or Plans outlined herein. All necessary preparation as well as "cleanup" is included in the prices bid and no extra compensation will be sought. All work will be done in a workman- ship like manner and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. A bid bond in the amount of 10% is required. Award shall be to lowest bidder, subject to City Council approval. BID ITEN 1. EST. QTY. UKIT Lump Sum ITEM Provide and complete the construction of an additio ~to. an exist~ng s~?_l;~e family Q home for ' . / 7._~~~ . r~ 'r ' ·'-....)'-.. .-<: Dollars/Lump Sum - 1 - 'TOTAL -~ ... A. BID DOCUMENTS, continued BIDDER QUALIFICATION FOR.~ In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifica- tions as a part of this proposal, and the truthfulness and accuracy of the information is hereby guaranteed. Year /'7'87:> ;CZ.ct:- 1m /075 101t{ (1) How many years has your organization been in business under its pr es en t name? ~ ~: eA) y €__°'-v-s -G Yl-<...C· '§ (2) How many years' experience in work comparable with that required under the proposed contract has your organization had by this or any other name? F , ·.p-1 ~e.-/A' 7 e_a_ rs (3) Contractor's Licens~ No. Classification /", ( ~--":...J--'-~~~~~~~- ~~-·~..__.~.__.~t ....... ?-_._l_l'.__~~'· State o: California, (4) List work similar in.character to that required in the proposed contract which your' organization or personnel in your organization has completed within the past three years. Class, Location ' I'?... -LL/V , -f ' s--(,.UL' I f- <;:; [ /v J /of'. I I . ' ! i of Work and for Whom Perfor:ned I < I ( ' . ['._:..__ JM j .. }.(f__l ( p··/' C"-d' ~ Cf I Qr.,, . ' ' !/~ < '-'-·· /v \.: .~ {) c /\) L-:J 1 {_ -e .. Contract Amount t? . f/;J YJ I 7' o-c;, o--;e-c, 'r fd~,,.,r--. ""'-::i _fii o-a . J 1 lO Cl'." 0 y I 4 0 l"--c-o Name of Proposed Sub-Contractor, if any (Section 4104 Government Code) Address of Shop or Office of Sub-Contractor (Section 4104 Goverru::i.ent Code) ~ork to be perf o!'ttled by Sub-Contractor (Section 4104 Government Code) A. BID DOCL~ENTS, continued / /' / IF YOU ARE AN I~IVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, -· STATE THE FIRH NAflE AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS CO~IPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, W:!ES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE SEAL .MUST BE AFFIXED. TYPE OF BUSINESS: Individual Co-Partnership ~~~~~~~~~~~ Corporation Joint Venture Other (describe) \I . ! . 'J NA..'1E All'D SIGNAT1..;"RE OF BIDDER: ' I! I Adaress Da t: e f-( 'J -$5· ::.l ( L-t · ·-;· I " ' . ,. . . .r .I; ( ~. Addenda Received: '· 1 2 3 4 5 Proposal Page 4/4 / STATE OF COUNTY OF California ) Santa Clara ) ) ---·) 82 On this .............................. ~.!:1:0. ..................... day of.. ................ !?..<::P!.~.~'.::1:-: ............................................ , 19 ..................... , before me -11 Madelaine Gentry persona y came ............................................................................................................... , .......................................................................................... . to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. . .... :~ .. L.../~~: ........ . (Notary Public) 5100·01 FAITHFUL PERFOR1'1ANCE BOND Kl.'!OW ALL MEN BY THESE PRESENTS: THAT WE, Guzman Construction Coo, !nco Executed in Duplicate 1 of 2 Bond NOo 552956 'as Principal and Surety Insurance Company of California as Surety are held and firmly bound unto the C~ty of Cupertino, State of California, in the sum of Sixty-Five Thousand Four Hundr~d and no/100--------------------Dollars ($ 65,400.00 --------------) lawful money of ~he United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, 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: September 2, 1982 , Stevens Creek Boulevard Widening at Carmen Road, Phase 1 -House Remodel Project 82-17 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this ¢ind day of September , 19 __Jg. (To be signed by Principal and Surety and acknowledgment.) I GUZM~N CONSTRUCTION COo, INCo p. rif~~r\~~~~" <J ... .... ... · .. {) By; ·f~~ ;~ ~~. rLJu,4 • SURETY INSU~NCE ;)~p;NY OF CALIFORNIA By: The above bond is accepted and approved this day of ---19 STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA) in the year of ss. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) exe.cuted it: WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On this day of __ 3_~ ____ day of ~ , in the year of / 1f 2---, before me )) ~ i? b 'fly J11~;e 1 'e dlf'n e' / ~..S, personally appeared --~~a""--L~'e-:=::;.._l~.;;J=-..R...,._=~..._~--c;'_,__h..:c._;7--0-.--~b'/4-"'.;:;~)1"-~~~--~--------~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. ~«')l:><!)~~l;l<9l;l<9~~«')1M9~')t,'i(!.I~~· ~ OFFICIAL SEAL ~ ~ DOROTHY MARIE CORNELIUS ~ ~)' NOTARY PUBLIC· CALli'iJi;NIA g G -, SANlA CLARA COUNTY G ~ My Commission Expires Feb. 17, 1984 ~ G:<9G':<9~~c;...9(;':(9(i:(!)G":-l.~JG~~.J..;·.-~JU...._.JGX..tJ,;';(.•J(;:'\:.)~~ 6/29/82 pl ~~~~~~~~ Not ry Public · aunty of Santa Clara, California d. LABOR A.c'lD MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Gtizman Construction, co., Inc. Executed in Duplicate 1 of 2 Bond NO. 552956 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 hereiq.after set forth; NOW, THEREFORE, we, the Principal, and ~~~~~~~~~~~~~~~~~~- Surety Insurance Company of California as Surety, firmly bind ourselves, our executors, administrators, 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 about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons, companies or corporations lend- ing or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or lab or 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 Sixty-Five Thousand Four Hundred and no/100 Dollars ------------------------- ($ 65 400.00 ----------------). THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principa~, his or its sub contractors, 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 ab out the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due und~r the Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed 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. STATE OF COUNTY OF California ) Santa Clara ) ) --) "' On this ............................... ~.i:'.~ ..................... day of ............. ~.:.~.~.'.:~.~: .................................................. , 19 ...... ~.?. .......... , before me personally came ............................................. M.<il-.Q..12J.~J.n~ .... G~n.t..~Y ........ · ...................................... :-----------.. ·-----------------·-.. -------.. ················· to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. --~------L~-----················-· (Notary Public) 5100·01 Labor and Material Bond Page 2 Anc.1 the said Surety, for value received, hereby stipulates, and agrees that no chnnge, extension of time, alter.:.ition or addition to the terms of the contract or to the work to be performed thereunder or the specifications ac.companying 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;-tQ the work or to the speci- fications. ~\~ 1 ' IN WITNESS \·:HEREOF, this instrument has been duly executed, by the Principal and Surety this 2nd day of September , 19~. (To be signed by Principal and Surety and acknowledgment and notarial seal attached.) 1 GUZMAN CONSTRUCTION CO., INC. Principal b By,_/r.R~~ By: SURETY INSURANCE COMPANY OF CALIFORN·IA Surety The above bond is accepted and approved this ____ day of 19 • . . STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA) On this day of ss. in the year of _____ , before me ------'·"'-:~~-· ----------------·' l personally appeared ------------------------------~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it.' WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA) Notary Public in and for the County of Santa Clara, State o~ California CORPORATION ACKNOWLEDGEMENT ss. On this day of --==3"--_ __._<_ _____ day of ~ , , before me ])o tf! " Y10c /?'JQJ If/(" 1 rf:c!t t° J ~ J, in the year of J;ff?'ci2- personally appeared ----'~'-=-=--~ ....... ""'""" ...... ---~-==-;:_._..-...:_;, ______ 1 _______ _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. ~1~~ NotarYPUbiiin'and for the County of Santa Clara, State of California 6/29/82 $uretg Jn1urance Company, o/ Cali/ornia "The Dollars and Sense Surety" HOME OFFIOE IN LA HABRA, CALIFORNIA Box USO La Habra, Oallfornla 90681 CERTIFIED COPY OF POWER OF ATTORNEY 3370 No •......•.••......•................. Jnow all men /,8 tl.e11e presents1 That Surety Insurance,.C~xnpany of California, a California Corporation, hav- ing its principal Office in the City of La Habra, County of Orange, EJ~te of California, pursuant to the following By-Laws which were adopted by the Directors of the said Company on the 1Jt1t day of April, 1969 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ- ing& obligatory In the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint Madelaine Gentry La Habra, California ··················-·······················································--···········--·····--·········--·Of ................................................................................................................ . its true and lawful agent and attorney-In-fact, to m~e, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given In any action or proceeding in any court of law or equity; policies indemnifying employers agaiMt loss or damage caused by the misconduct of their employees, oflicial, surety and fidelity bonds. And the execution of such bonds or undertakings In pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had. been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. · SURETY INSURANCE COMPANY OF CALIFORNIA ·······----~-----·············· John F. Merrill President COUNTY CJll'l.Qlii:.A.iNG:E } SS: On this ..• ~.?.EJli.y of ............ ~EE!::J: ...................... A.D. llL~.? ...... , before the subscriber, a Notlry Public of the State of California, In and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSUR.ANOE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he ls the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment ls the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and sub.scribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Laws of said Company, referred to in the preceding instrument, Is now in force. · IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written. CERTIFICATION OFFICIAL SEAL BEVERLY J. BERG at-.~~i~~ NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My commi .. ion Expires July S, 1985 I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the Power of Attorney remains in full force and e:lfect, and has not been revoked; and furthermore that Article IV, Section 7(b) By-Laws of said company as set forth hi said Power of Attorney, are now in full force and effect. IN T'IDSTIMONY WHEREOF, I h.ave hereunto subscribed my name and affixed the corporate seal of the said Company __ 2_n.a.:_ .. , ~-;;;w;)8..'.'I'.~:~.::_ ........ , 19 ... ~~---·--~~~-:1:~-····-···· ................ . 560-05--04 (Rev.12/80) PAU~J.SCOLAINSURANCEAGENCY P.O. SOX 926-137 E. HAMILTON AVE. CAMPBELL. CAUF. 95009 PH. 378-4123 COMPANY LETTER COMPANY LETTER A 0.tivvWr B ll COMPANY c LETTER ~ COMPA~Y ·o NAME AND ADDRESS OF INSURED ~ U,7-<Y\At\) Co~S\ttu.cT<ON1-~----------- 5 3 <? 0 AR 13<9 RE.Tl!t IVt LETTEljl\1·1 . COMPANY E LETTER Ld~ 6-LTOS~~C~a~.~·~q·~~~~2~--------~--~_, This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY A COMPREHENSIVE FORM PREMISES-OPERATIONS D EXPLOSION AND COLLAPSE HAZARD D UNDERGROUND HAZARD D PRODUCTS/COMPLETED OPERATIONS HAZARD D CONTRACTUAL INSURANCE D BROAD FORM PROPERTY DAMAGE D INDEPENDENT CONTRACTORS D PERSONAL INJURY AlJfOi\.llOBILE LIABILITY D COMPREHENSIVE FORM DOWNED D HIRED D NON-OWNED EXCESS UABIUTY D UMBRELLA FORM D OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION \3 and EMPLOVIERS' WU§l!..l'fY OTHER POLICY EXPIRATION DATE limits of liability in Thousands (000) BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED EACH OCCURRENCE $ $ AGGREGATE $ $ $ $ £~~' PERSONAL INJURY $ BODILY INJURY $ (EACH PERSON) BODILY INJURY $ (EACH ACCIDENT) PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE $ COMBINED BODILY INJURY AND PROPERTY DAMAGE $ COMBINED ~~~~~~~~~~,,~-5§~!-o;.;,twf¥ift~%1!;,~;"~;.~~::;1;r~:t}t,~~~*~~:<~ii'iHt~~~~~~~;:-$?;~~0:~?f.{~~t$~~~~~·~~~~~~~t.1~*~:i¥.lr'~~·!$.~~~~\~:.:~~~~~~~,;§,3"h~%i~~~&;~~<J,t~~4.~--:,· DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES C<nilcell;;ition: Should any of the above descyr~d policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail .JillL days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any l(ind upon the company. Ed. 11-77 A G R E E M E N T This AGREEMENT made and entered into this _,._J,__?_w( __ day of c/u._ ;j 1982, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and JANICE L. BROKAW, hereinafter designated as BROKAW. W I T N E S S E T H WHEREAS, the City Council of the City of Cupertino has appropriated funds for the widening of Stevens Creek Boulevard from :the creek (Stevens Creek located westerly of Phar Lap Drive) to Carmen Road; and WHEREAS, in order to proceed with this project, it is necessary to obtain additional roadway dedication from BROKAW and remove a portion of the existing single-family dwelling. NOW, THEREFORE, the parties hereto agree as follows: BROKAW agrees as follows: 1. To dedicate additional street right-of-way on Stevens Creek Boulevard to CITY as shown on Exhibit "A" to allow the CITY to remove the northerly portion of her existing family dwelling as shown on Exhibit "B II • 2. To grant right-of-entry for the purpose of locating and constructing all modifications· to the existing home and appurtenances thereto and for the purpose of doing any necessary or lawful act in connection with the construction. The CITY agrees as follows: 1. To construct a new addition to the house consisting of a garage with a bedroom and bathroom on the second st:oey on the southerly side of the house, as shown on Exhibit "B". 2. To retain Technical Analysis, Inc. to prepare the plans and specifications for the addition and the removal and repair on the northerly end of the home at no cost to BROKAW. 3. To hire a contractor to do all the reconstruction and demolition and to obtain and pay for all permits and inspection necessary to complete the work in accordance with all applicable state laws, local ordinances and building codes. 4. That all work to the structure will be completed within sixty (60) working days. 5. That no work will begin on the roadway widening until the house con- struction is completed and the new addition may be occupied, or an earlier date as agreed to by BROKAW. 6. To save, keep, and hold harmless BROKAW from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any I I person or persons by reason of or in the course of the performance of said work, or by reason of any infringement or alleged infringe- ment of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this AGREEMENT. Notwithstanding the above, CITY shall wherever it is necessary keep and maintain at its sole cost and expense during the course of the operations - 2 - under this AGREEMENT such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon BROKAW and are for the express benefit of the general public. 7. To construct a new wooden fence on the northerly property line when the roadway widening is completed similar in material to the existing fence around the home. 8. To replace landscaping when construction is completed, as shown on Exhibit "C". 9. To construct a cul-de-sac on Carmen Road as approved by the City Council at a public hearing. The cul-de-sac shall be as shown on that certain document entitled, "Official Plan Lines of Stevens Creek Boulevard", recorded November 8, 1978, or as modified by the City Council. If the decision is made not to close Carmen Road, the CITY shall provide additional land to BROKAW in order to meet setback requirements of existing ordinances; 10. To quitclaim to BROKAW any excess right-of-way northerly and easterly of the centerline of Carmen Road which is no longer needed for street purposes i~ Carmen Road is abandoned. CITY and BROKAW do mutually agree as follows: 1. That the general specifications for the new construction on the house shall be as shown on Exhibit "B11 • 2. That the plans and specifications for the demolition and construction must be approved by both parties prior to start of work. - 3 - 3. That there shall be no additional compensation other than as is specified within this AGREEMENT. IN WITNESS WHEREOF, said CITY has caused its name to be hereunto affixed by its Mayor and City Clerl,<., .. thereunto duly authorized by resolution of the City Council and said JANICE L. BROKAW has hereunto caused her name to be af- fixed the day and year first above written. CITY OF CUPERTINO Byi/~ ~~ City Clerk JANICE L. BROKAW Approved Acknowledgements and Exhibits "A" and 11 C" attached. STATE OF CALIFORNIA ) ) SS. COUNTY OF SANTA CLARA) On this day of __.02""--"'...::o'--~----day of Q4 before me ":i)a,eafy(}T Had?":<' in the year of l'Jfp;.__ I personally appeared ~ ~ ~ personally known to me (or pr~~n the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it.· WITNESS my hand and official seal. ~(';)l<)G'JGG'JGGlGG'G(';)l<)GlGGlG~~~«9~~ a OFFICIAL SEAL 8 a DOROTHY MARIE CORNELIUS ~ NOTARY PUBLIC· CALlfOltNIA lJ 8 SANT A CLARA COUNTY 3 Notary Public in and County of Santa Clara, State of California ~ My Commission Expires Feb. 17, 1984 ~ G':G~~~~~~~~~~.:":~~~~~---------------------------------------------------- STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA) CORPORATION ACKNOWLEDGEMENT SS. On this day of day of ~~~~~~~~~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Fi/?Q/P.,? Notary Public in and for the County of Santa Clara, State of California EXHIBIT A ROADWAY DEDICATION from Janice L. Brokaw All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Section H, as said section is shown on that certain map entitled, "Map of Inspiration Point, Manta Vista" which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April 11, 1917, in Book "P" of Maps, at Page 18, more particularly described as follows: A strip of land 15.00 feet wide, being a portion of that certain parcel of land deeded to Janice L. Brokaw in Book D 771 at Page 451 of Official Records in the office of the Santa Clara County Recorder on June 27, 1978, said strip of land, the northerly line being more particularly described as follows: ------- Beginning at the northeast corner of the Lands of Brokaw; Thence along the northerly line of said Lands of Brokaw as established by deed from Joseph Bargette, et al, to County of Santa Clara, -dated June 30, 1947, recorded November 20, 1.947 in Book 1446 of Official Records, Page 598 Santa Clara County Records, S. 73° 35 1 W., 25.14 feet; Thence S. 76° 46' W., 78.21 feet to a point being the northwest corner of the Lands of Brokaw •. Containing 0.036 Acres, more or less. ~\ \ 0 J·0 == 501 PC\ 2 -A.AT TO PC,COt4PANY ~OADWA'( 'C>EClCATIOt-Jl f'yorn -lANtCE L. Bl<oKAW I008l-CA!CM APN ! ?>SI-1-9 EXHIBIT C RESOLUTION NO. 5917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND JANICE L. BROKAW IN CONJUNCTION WITH THE WIDENING OF STEVENS CREEK BOULEVARD AT CARMEN ROAD WHEREAS, the City Council of the City of Cupertino has appropriated funds for the widening of Stevens Creek Boulevard from Stevens Creek to Carmen Road; and WHEREAS, in order to proceed with the project, it is necessary to obtain additional roadway dedication from Janice L. Brokaw and remave a portion of her existing single-family dwelling; and WHEREAS, there has been presented to the City Council an agreement between the City and Janice L. Brokaw providing for the accomplishment of the widening of Stevens Creek Boulevard at the location affecting Janice L. Brokaw and the terms and provisions of said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the aforementioned agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of July , 1982, by the following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks, Gatto NOES:. None ABSENT: None ABSTAIN: None APPROVED: /s/ John Gatto Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk RETURN TO CITll OF CUPEFl.TlNO 10300 TORRE AVE. . .cOPERi'INO, CA 95014 RESOLUTION NO. 6020 •;·-:i83926 H 306 Pt GE 110 OFFICIAL RECORDS SMHA CL.ARA COUNTY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF G~l()ll:~jllJ~QMAHN APPROVING PARCEL MAP OF PROPERTY LOCATED ON ~~~~OOROEA AT HOO HOO COURT; DEVELOPER, GERRY FEDERSPIEL, JAMES AND URSULA KASCHMITTER; AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP WHEREAS, there has been presented to the City Council for approval of the parcel map of property located on Carmen Road at Hoo Hoo Court by Gerry Federspiel, James and Ursula Kaschmitter; and WHEREAS, there has been presented to the City Council a proposed de- ferred agreement for the construction of streets, curbs, and gutters, and for other improvements, 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 agreement, and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT .-, ,_~, .... ~~ . . ,. .... a. Said parcel map herein referred to is hereby approved. 7583926 b. The offer of dedication for street areas and all easements is hereby accepted. c. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. d. The Mayor and the City Clerk are hereby authorized to execute the deferred agreement herein referred to. e. The deferred agreement shall be recorded with the County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of January , 1983 by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Johnson, Plungy, Rogers, Sparks, None None None APPROVED: ~ /Y £/'' ev. ~ CLERK /s/ Dorothy Cornelius /~/ John Gatto ~ayor, City of Cupertino City Clerk SCHEDULE OF BOND., FEES, AND DEPOSITS DEVELOPMENT: Single-family Residence Gerry Federspiel, James and Ursula Kaschmitter LOCATION: Carmen Road at Hoo Hoo Court A. Faithful Performance Bond: B. Labor and Material Bond: C. Checking and Inspection Fee: D. Indirect City Expenses: E. Development Maintenance Deposit: F. Storm Drainage Fee Nine Hundred Thirty-Three and no/100 Dollars G. One Year Power Cost: H. Street Trees: I. Map Checking Fee: Fifty and No/100 Dollars J. Park Fee: Zone E-2 Three Thousand Seven Hundred Eighty and No/100 Dollars K. Water Main Extension Deposit: One Thousand and No/100 Dollars L. Water Main Reimbursement Two Thousand and No/100 Dollars H306 P.~GE111 Exhibit "A" Res. No. 6020 Deferred Deferred Deferred Deferred Deferred $ 933.00 Deferred Deferred 50.00 $3,780.00 $1,000.00 $2,000.00 7583927 RETURN TO CITY OF cur~~'.~TINO f10300 TDFE~>:'.: tWE. CUPERTINO, CA 93014 A G R E E M E N T H306 P~GE112 This AGREEMENT made and entered into this 17th day of January , 19 83 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Gerry d le 1 Fe erspe:J.: , James and Urs~la Kaschmitter, hereinafter designated as DEVELOPER. W I T N E S S E T H WHEREAS, the DEVELOPER has made application to the CITY for a parcel map and is securing a building permit from CITY to construct and maintain a single family residence, hereinafter referred to as "Project." WHEREAS, the CITY hereby agrees to permit DEFERMENT of the re- quired development improvements in accordance with the provisions of this AGREEMENT; and WHEREAS, the DEVELOPER hereby agrees to provide necessary im- provement plans and specifications at such time as they may be re- quired by the City Engineer or as provided herein; and WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete installation which will be required in accordance with those and IJAN 2.819$3 Page 1 ~ ~ H 306P.~GE113 WHEREAS, The DEVELOPER agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with con- ditions of development approval; and WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Improvement Category -N/A PART A. Faithful Performance Bond: PART B. Labor and Material Bond: PART c. Checking and Inspection Fee: PART D. Indirect City Expenses: PART E. Development Maintenance Deposit: PART F. Storm Drainage Fee: Nine Hundred Thirty-Three and no/100 Dollars PART G. One Year Power Cost: PART H. Street Trees: PART I. Map Checking Fee: Fifty and no/100 Dollars PART J. Park Fee: Zone E-2 Three Thousand Seven Hundred Eighty and no/100 Dollars PAR~ K. Water Main Extension Deposit: One Thousand and no/100 Dollars PART L. Water Main Reimbursment: Two Thousand and no/100 Dollars Page 2 Def erred Def erred Def erred Def erred Def erred $ 933.00 Def erred Def erred $ 50.00 $3,780.00 $1,000.00 $2,000.00 H306 P~GE114 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO-WIT: DEDICATION (a) The DEVELOPER offers to dedicate the real property shown on Exhibi which is attached hereto and made a part hereof by reference. aid dedicated property shall be free and clear of all liens or e umbrances except those which the CITY shall waive in writing. The ELOPER agrees not to revoke said offer of dedication, and to keep offer open until the CITY accepts offer by resolu- tion. (b) cution of this AGREEMENT the DEVELOPER agrees to deliver a properly ecuted grant deed to the CITY of the real prop- erty described in Exhi 't "A", and such other executed conveyances, or instruments necessary ~ convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, to the CITY: (1) A nary title insurance elating to dedication; said eliminary furnished by DEVELOPER. report issued by a title the property offered for Title Report shall be (2) A standard policy insurance issued by a title insurance company and · suring the CITY in the sum of: N/A, and which shall show property free and clear of all liens or encumbrances exce those as the CITY shall expressly waive in writing; said icy shall be furnished at the time of acceptance of dedica 'on and recordation of deed. (c) Upon the condition precedent that shall perform each and every covenant and condition of this AGREEM T, 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 Cl) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City En- gineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole op- tion, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY competes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or Page 3 the DEVELOPER'S surety or both. H306 P.~GE115 (b) The DEVELOPER 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 thereto. 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 further agreed that the Work shall be done in accor- dance with the most current Standard 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 Page 4 H306 P.~GE11G It is further agreed that 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 laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for sig- nature. 5. BONDS AND OTHER SECURITY (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 faith- ful 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 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 sum adequate to assure full pay- ment of all labor and materials required to construct said improve- ments. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company 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 do so. (b) In lieu of a surety bond, the DEVELOPER 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 certificate 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 con- ditions of this AGREEMENT, or to make any payment, or any dedication Page 5 H306 P!.GE117 of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. (d) f icate of council. No release of surety bond, cash deposit, check, or certi- deposit, shall be made except upon approval of the City (e) No interest shall be paid on any security deposited with the CITY. 6. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all neces- sary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have depos- ited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should construction cost 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. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). 7A. MAP FILING 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). 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The devel- opment maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or ma- Page 6 H 306P~GE118 terials 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. 9.A STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, 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). 9.B WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit 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 improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. The amount shown herein at Part L, Page 2, is for the reimbursement to the CITY for the installation of a water main on and along Carmen Road. 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. 11. FEES FOR THE INSTALLATION OF STREET TREES It is further agreed that the CITY 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. Page 7 H306 P~GE119 12. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is re- ·quired within "Park Dedication Ordinance" Number 602, 1972 and which is further stipulated under Part J., Page 2 herein. 13. MAINTENANCE OF THE 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 DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfation of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. 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 AGREEMENT 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 constructions of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. Page 8 H306 P~GE120 15. GOVERNMENT CODE It is further execution of this of Section 66493, taining to special agreed that DEVELOPER shall file with CITY, upon AGREEMENT, substantial evidence that all provisions Article 8, Chapter 4 of the Government Code, per- assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Pro- tection District. of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT 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. 17. STREET LIGHTING It is further agreed that the DEVELOPER shall apply for the stallation of electric power for street lighting at the earliest possible. 18. P. G. and E. and P. T. and T. in- da te It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all f ees___required for installation of overhead and/or under- ground w1ring circuits to all electroliers within said property and any· and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific Telephone and Telegraph Company that said fees are due and payable. 19. EASEMENTS 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 by 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 sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for Page 9 H306 P~GE12f 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. 20. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the com- pletion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from 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. 21. INSURANCE It is further agreed that: The DEVELOPER shall 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 in- surance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. (a) Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each per- son; $300,000 each occurrence; property damage, $50,000 on account of any one occurrence with an aggregate limit of not less that $200,000. (b) The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evi- dence 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 10 days advance notice thereof. Page 10 H306 P~GE122 (c) In the event that the Project covered herein should be mu- tually 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 berein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 22. DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six (6) months notice from the CITY, in which event the Work must be completed within one (1) year thereafter, or in the absence of such notification, no later than five (5) years and six (6) months from date of this AGREEMENT, the following improvements: All street improvements including storm drains, curb and gutter, and asphalt concrete with all incidentals, as directed by the Director of Public Works. Until such notification is made by CITY, or such times has e- lapsed, Sections numbered 2 through 21, excepting 9 et al, are hereby deferred. The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. 23. SUCCESSORS -RUN WITH LAND This AGREEMENT shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and understood that this AGREEMENT shall be filed for record in the Off ice of the County Recorder of the County of Santa Clara, State of Cali- fornia and that the covenants in this AGREEMENT shall run with the land, a description of which is contained in Exhibit "A", which is attached hereto and made a part hereof by reference, and are for the benefit of the other lands in the CITY of Cupertino Page 11 IN WITNESS WHEREOF, CITY has caused its name fixed by its Mayor and City Clerk, thereunto resolution of the City Council and said DEVELOPER his name to be affixed the day and year first above CITY OF CUPERTINO Approved as to BY: Acknowledgements and Exhibit A attached. H306 PAGE123 to be hereunto af- duly authorized by has hereunto caused written. SIAIL OF CALIFORNIA COUNTY OF SANTA CLARA M. -w~ ;;::? U"',. ff'[ -~;, ~u.btLc, S;ta; i6 ~i)o1tnia My comm-UiJ.i,i,on e.xpvue,o ~. /.td / //'r.Y:.- ~rc;Uoll! 1189, Acfmow£edgeJnen-t, Ame.vrded STATE OF CALIFORNIA COUNTY OF SANTA CLARA M. :;>0G"9G':(')~~<;;ec:,":l.DC'(9~G~C':{9(,;\9(',";0(;>(9~t 2 , . ._.:: .. ···· OFFICIAL SEAL 3 li> {ft=I l ·11 ( n\ • CJ 8 ;~~'~' uc1 e ampagna-;,.a1se (3 0 l", NOTARY PUl.\LIC-CAUFORNIA c; ~ · SANT A CLAJ';A COUNTY § ~ My Co.nmission bcpirns Dec. 10, 1984 ~ ~~~Gl'<lGl''.l~GJ'.~lGl':/ GJ.~)Gl'-'/Gl'-'I GR/GJ'.')Q"!Q<!;?~ y Pu~:s;ti:ocill 0oJtnia My comm-i/.iJ.i,{,on e_xpVr..e.,o ~ii • ,;,? r t'f ~2f Se_won 1189, Ac.lmowle.dge.me.vU:, Ame_nde.d STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA) ss. H 306P.1GE124' On this day of /,;?Jt day o;,_~ , in the year of /f'f' .P before ~· .·== =-~;., personally appeared ~ X ?j,.,,~?J;i_ ((fL fe ~ &1fl,h/;-v personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA) otary Public in of Santa Clara, State CORPORATION ACKNOWLEDGEMENT ss. On this day of day of ---------- in the year of ------ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed·the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. 6/29/82 Notary Public in and for the County of Santa Clara, State of California -------• of:-"'. '• COMMONWEALTH LAND TITLE INSURANCE COMPANY SCH Ei:>ULE C H306 P~GE126 EXHIBIT A The ldnd referred to here1n is d~scriDed ~s tollows: All that_cert.din property sit:-udte in the city ot Cupertino, County ot Santa Clara, Stdte~t California, described as .tollOli~: Seq1nn1nq at a point in the Fasterly line of Cdr~en Road distant thereon Northerly 75.00 te~t tro111 tile point ot int.~r!;>ecti.on ot said line with the niv1ding li.n~ t>et••H:t'>n s~c~ion Nos. 102A and 103~, as said road and sections are snown upon ~he Ma~ hereinatter rererred to, said point also b~ing the Northwesterly corner ot th@ parcel ot l~na conveyed oy Edha G. Gill, et v ir, t.o L. Dectn Cowger, E:t ux, by Deed O.lt>:a April 8, 1950 and recordea May 26,.,,11:150 i.n nook 1985 ot Ot11cial F~cords, page 5~1, Santa Claia County Pecoras; t.n~llCt':' =:i:l.st:~rly along the N<.1rtht>rly ll.ne ot said parcel of land 270.00 feet to the West.erly line ot t.h~ parcel or land couvey~d by John Rayir.c)i'\d Gill, ~t ux, t.o Walt1::r J. WaitZlf•an, et ux, by D~ed dated November 22, 195~ and recorded November JU, 1~5Y 1n Book JOll ot Otf1c1al B~cords, page 12A, Santa Clara County Foe:corc!s, thence· runnin~ Nort.herly dlong said line ot the parcel ot land so conveyed t.o ~aitz~an, 125.24 teet. to the aividinq line between s~ct.ions Y6 and 9Q, as sho~n upon said Map, thence running dlonq said dividing lint oetween Sect.ions 96 and 44 and the dividing line oet we~n s~"ct.ions 97 and qfi, and tne \,;ester ly prolong a ti on thereot ~0sterly 27U.OO teet to the said Easterly line ot Cdr~en Roaa, thence along said last mentioned line, South~rly 125.24 teet to the point of baginni~g dnd being Sections ~H ana YHA and ~art of Sections es and 99 and the Southerly 1/2 or Sect.ion Bb as shown upon the Mdp ot Ins~iration Point, Monte Vista, which said Map was filed for record A~ril 11, 1~17 in Book np« oc ~aps, pdge 18~ Santa Clara County Records. (ARB NO. 357-9-18) Page '4