82-017 Sobrato Interests - Lazaneo Drive and De Anza Boulevard..
Recording Requested by and
After Recording Return to:
Sobrato Development Companies
20700 Valley Green Drive
Cupertino, CA 95014
9·-349 LT
SANTA CLARA COUNTY TITLE COMPANY
HEREBY CERTIFIES THiS IS A TRUE AND
CORRECT ~o/\~ Cf r~::: omG!N,~l
AECORDEDo/12/Ji UNtJHl m.:coROERS
SERIES NO. 7.J/J /p().,j 3
Dibrn~·
AGREEMENT ASSIGNING RIGHTS
RELATING TO REAL PROPERTY
THE :MARIANI GROUP OF COMPANIES, a California limited
partnership, hereby assigns to SOBRATO INTERESTS, a limited
partnership, all 0£ its rights, title and interest in forty-two
(42) excess "trip-ends", to which
THE MARIANI GROUP OF COMPANIES, a California limited
partnership, is presently entitled, by virtue of its ownership
of the real property situated in the City of Cupertino,
County of Santa Clara, State of California, described as
follows:
ALL OF LOT 26, as shown on that certain Tract Map No. 6259,
which Map was filed for record in the off ice of the County
Recorder of said Santa Clara County, California, on April 7,
1978 in Book 416 of Maps, at pages 23 and 24.
Said "trip-ends" shall be for the benefit of, and
appurtenant to the real prop2rty owned by SOBRATO INTERESTS,
a limited partnership, situated in the City of Cupertino,
County of Santa Clara, State of California, described as
follows:
See Exhibit A, Attached
Said "trip-ends" are being assigned pursuant to,
and subject to, the laws, ordinances, and regulations of the
City of Cupertino, State of California, including without
limitation, its general plan, its zoning of the above des-
cribed properties, permits issued in connection therewith.
Further prospective purchasers, encumbrancers or
lessees bf all and/or any part of either of the parcels of
I
J
Page two
real property hereinabove described should first consult
with the Planning Department of the City of Cupertino,
State of California, to obtain an up-to-date status report
of the total number of "trip-ends" allocated to each carcel
of real property.
DATED: --~-;-../_1~/_g_~_~
OFF!CIAL SEAL
ALICE HOLSTEIN
NOTARY PUBLIC ·CALIFORNIA
SANTA CLARA COUNlY
My comm. expir&s APR 6, 1984
~~"""'"""'""·""-·--;?·~ ........ ~~~~
THE MARIANI GROUP OF COMPANIES,
a California limited partnership
By: David w. Mariani Investment
Partnership, General Partner
STATE OF CALIFORNIA, f
SS.
··-··-··-·····-·---·C aunty of ._ ... .S..an.t.a .. ..C.l.ar.a ......... _.-........... .
On this ...... ___ l.S..t ... -.... day of. ..... -.MR.r.ch. ____________________ ,·,, the year one tho1um1d nine
h1mdred and ........•. B..2. .................. -..... bef ore me, ..... .Al.i.c.e .... 1-lo.l.s.:t.e..i.n ............ _ ................ ,
a Notary Public, State of CaJ.ifornia, duly commissioned and sworn, personally appeared
___ Ma:ck .... A ....... .Ma.r..i.an.i..;...:.and. ... D.av.i.d .... w ........ Mar.iani ... o.n .... b.eha.1£.
.... Q.t.. __ th~ .... D.a¥:~8----h'. .•..... Mg,.:r . .:.l.an.i .... I.n.v:e.s..tme..n.t .... P..ar..:tn.ex:.s.hi.12 ....
known lo me to be iJ'ti'f. of tlie pm·tner.r of the partnership that executed the within in.rtrument,
and acknowledged to me tliat .ruch partnership executed tlie same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal,
in the -·-····-··-··---·County o/_ .. S.i;i,n.t.a .... C.l.ar..a ................... tlle day and year in this
certificate first above written.
Th11 documeni 11 only a general lorm which may IMt J)IOper 101 utlt 10 llffll}l1~ 11,mr.Aoc11oni
and in no WIJJI/ ICU, or 11 in1tnded lo act. ill .s 1ubsi11urn 101 the ddv1c:e ol .rn .Jtlmney
Th• publ11her doe& not make any w11rramv. either expr11u or 1mpt1e-d. as to the l&tJal
vahchrv of any r.>rov1s1on or !he sv11ab11t1y of thtst forms in ~ny if){!c•llc 1ranuc11on
Cowdery'& Form No, 29-(Aclmowledgment-l'artnership)
(C. C. Sec. 1189)
Notary Public, State of California.
My Commission Expires ....................................................... ..
.·
EXHIBIT "A"
LEGAL DESCRIPTION:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, described 4 S foliows:
PARCEL O~IB:
Com::nencing at a granite monument set for the center of Section 13, To"'11ship 7
South, Range" West, H.D.B. & M., also being the point of intersection of the
original center line of Stevens Creek Road with the center line of the Sunnyvale-
Saratoga Road; t~ence along the center line of Sunnyvale-Saratoga Road, North 0°
04' East 20.22 chains to the Northeasterly corner of that certain parcel of land
described in the Deed from An~on Zaukich, et ux, to James Banich, (~t ux, dated
July l, 1953 and recorded October 19, 1953 in Book 2742 of officia1 Records, at
Page 86; thence along the Northerly line of said parcel of land so described in
the Deed to Banich, North 89° 56' West 140.00 feet to the Northwesterly corner
thereof, which is also the True Point of Beginning of the parcel of land to be
described; thence along the Northerly line of that certain parcel of land
conveyed by Anton Zankich, et ux, to Rosario Giuffrida, et ux, by Deed dated July
21, 1949 and recorded July 22, 1949 in Book 1821 of Official Records, at Page
424, North 89° 56' West 493.006 feet to the Northwesterly corner thereof; thence
along the Westerly line of said parcel of land so conveyed to Giuffrida, South 0°
04' West 344.058 feet to the Southwesterly corner thereof; thence along the
Southerly line of said parcel of land so conveyed to Giuffrida, South 89° 56'
East 601.436 feet to the Southwesterly corner of that certain parcel of land
conveyed by Rosario Giuffrida, et ux, to State of California, by Deed dated
October 25, 1955 and recorded December 5, 1955 in Book 3351 of Official Records,
Page 343; thence along the Westerly line of said parcel of land so conveyed to
the State of California, North 2° 09' 14" East 38.32 feet and North 0° 11' 50"
West 168.34 feet to the Northwesterly corner thereof on the Southerly line ot
said parcel of land so conveyed to Banich; thence along the said Southerly line,
North 89" 56' West 110.00 feet to the Southwesterly corner thereof; thence along
the Westerly line of said parcel of land so conveyed to Banich, North 0° 04' Ease
138.10 feet to the true point of beginning an'd' being. a portion of the North-
westerly 1/4 of Section 13, Township 7 South, Range 2 West, M.D.B. & M.
EXCEPTING THEREFROM the interest as dedicated by Don O. Bandley, et al, to City
of Cupertino, by instrument dated January 9, 1962 and recorded January 25, 1962
in Bopk 5444 of Official Records, Page 695, in and to the following descrf:bed
parcel of land:
BEGI~NING at the intersection of the West line of Saratoga-Sunnyvale Road (60.00
feet wide) and the Northerly line of that certain parcel of land described in
deed from Rosario Giuffrida, et ux, to Don O. Bandley, et al, dated May 23, 1961
and recorded May 24, 1961 in Book 5176 of Official Records, in the Office of the
Recorder, County of Santa Clara, State of California, at Page 517; thence
~esterly along said Northerly line 10.00 feet; thence Southerly along a line
parallel to and 40.00 feet distant, meausred at right angles, from the center line
of Saratoga-Sunnyvale Road (60.00 feet wide) 206.64 feet to the Southerly line of
the aforesaid parcel; thence Easterly along said Southerly line 8.43 feet to an
Easterly line of the aforesaid parcel; thence North~rly along said Easterly line
38.32 feet to the West line of Saratoga-Sunnyvale Road (60.00 feet wide); thence
Northerly along West line of said Road 168.34 feet to the point of beginning.
ALSO EXCEPTING THEREFROM the ~nterest as dedicated to the City of Cupertino by
instrument recorded January 22, 1973 in Book 0204 of Official Records, Page 495,
described as fo-llo'IJs:
(A) BEGINNING at the most Northeasterly corner of Parcel No. 12, as said parcel
is shown on the Record of Survey recorded in Book 307 of Maps, at Page 29, Santa
Clara County Records; thence along the Easterly line of said parcel, being the
Westerly line of Saratoga-Sunnyvale Road, as shown on said Map, South O" 05' 29"
East 206.10 feet; thence leaving said Westerly line, along the Southerly line of
said parcel, South 89° 55' 03" West 20.00 feet; thence leaving said Southerly
line, along a line that is parallel with and 20.00 feet Westerly, measured at
right angles from said Westerly line of Saratoga-Sunnyvale Road, North 0° 05' 29"
West 206.12 feet to a point in the Norhterly line of said parcel; the'nce along
said Northerly line North 89° 58' 56" East 20.00 feet to the Point of Beginning.
(B) BEGINNING at the most Southwesterly corner of Parcel No. 12, as said parcel
is shown on the Record of Survey recorded in Book 307 of Maps, at Page 29, Santa
Clara County Records; thence along the Westerly line of said parcel, North 0° 04'
47" West 344.87 feet to the most Northwesterly corner of said parcel; thence
along the Northerly line of said parcel, North 89° 58' 56" East 492.94 feet to
the most Northerly corner of said parcel; thence along one of the Easterly lines
of said.parcel, South 0° 05' 29" East 60.00 fe~t; th~nce leaving said Easterl~
line along a line that is parallel with and 60 •. 00 fe,et Southerly, measured at
right angles from said Northerly line South 89° 58' 56" West 405.23 feet; thence
along a tangent curve to the left, having a radius of 20.00 feet, through a
central angle of 88° 24' 00", an arc length of 30.86 feet; thence South 1° 34'
.5·6 .. W~st 265.46 feet to a point in the Southerly line of said parcel; theni:e
along•said Southerly line, South 89° 55 1 03" West 60.00 feet to the point of
beginning.
.. . ..
PARCEL TWO:
BEGINNING at an iron pipe in the center of the Sunnyvale-Saratoga Road, formerly
the Mountain Viev and Saratoga Road, at the Northeast corner of the lands
formerly off. E. Goodrich, and the Southeast corner of the 29.88 acre tract
conveyed by W. F. Gunckel to Dwight Durkee, Jr., by deed dated December 12, 1882
and recorded December 12, 1882 in Book 66 of Deeds, Page 79, said point being
North 00° 04' East 20.22 chains from a granite monument set for the center of
Section 13, Township 7 South, Range 2 West, M.D.B. & M., also being the inter-
section of the center line of the Stevens Creek Road ~ith the center line of
Sunnyvale-Saratoga Road; thence along the line between the lands formerly of F.
E. Goodrich, and the lands now or fornierly of D'l.'ight Durkee, Jr., North 89° 56'
West 140.00 feet; thence parallel to the center line of Sunnyvale-Saratoga Road
South OOQ 04' West 138.10 feet; thence parallel to the first course of this
description South 89° 56' tasC 140 feet to the center line of said Road; thence
along said center line North 00° 04' East 138.10 feet to the point of beginning,
and being a portion of the Northwest 1/2 of Sect:!.on 13, Township 7 South, Range 2
West, M.D.B. & M.
EXCEPTING THEREFROM that portion thereof described as follows:
BEGINNING at an iron pipe in the center of the Sunnyvale·-Saratoga Road, formerly
the Mountain View and Saratoga Road, at the Northeast corner of the lands
formerly of F. E. Goodrich, and the Southeast corner of the 29.88 acre tract
conveyed by w. F. Gunckel to Dwight Durkee, Jr., by deed dated December 12, 1882
and recorded December 12, 1882 in Book 66 of Deeds, Page 79, said point being
North 00° 04' East 20.22 chains from a granite monument set for the center of
Section 13, Township 7 South, Range 2 West, M.D.B. & M., also being the inter-~
section of the center line of the Stevens Creek Road with the center line of
Sunnyvale-Saratoga Road; thence along the line between the lands formerly of F.
E. Goodrich, and the lands now or formerly of Dwight Durkee, Jr., North 89° 56'
West 140.00 feet to one of the Northeasterly corners of that certain parcel of
land conveyed by Anton Zankich, et ux, to Rosario Giuffrida, et ux, by deed dated
July 21, 1949 and recorded July 22, 1949 in Book 1821 of Official Records, at
Page 424; thence along one of the Easterly lines of said parcel of land so
conveyed to Giuffrida, South 00" 04' West a distance' of 70 feet:; thence along a
line leaving said Easterly line and running South 89," 56' East a distance of
140.00 feet to a point in said center of Sunnyvale-Saratoga Road; thence along
said center line North 00° 04' East, a distance of 70 feet to the point of·
~eginning, and being a portion of the North~est 1/2 of Section 13, To~nship 7
South.&, Range 2 West, n.D.B. &. M. 0
Al.SO EXCEPTING THEREFROM the Westerly 10.00 feet of the Easterly 40.00 feet
con~eyed to the County of Santa Clara .for a public highway by deed recorded April
13. 1962 in Book 5538, Page 514, Official Records of Santa Clara County.
..
ALSO EXCEYTING THEREFROX that portion dedicated to the City of Cupertino for
public road~ay purposes by instrument recorded January 22, 1973 in Book 0204 of
Official Records, Page ~28, described as follows:
BEGINNING at the most Northeasterly corner of Parcel No. 13, as said parcel is
shotrn on the Record of Survey recorded in Book 307 of Maps, at Page 29, Santa
Clara County Records; thence along the Easterly line of said parcel, said line
being the Wester1y line of Saratoga-Sunnyvale Road, as shown on said Map, South
0° 05' 29" East 68.10 feet; thence leaving said Westerly line along the Southerly
line of said parcel, South 89° 58' 56" West 20.00 feet; thence leaving said
Southerly line along a line that is parallel with and 20.00 feet Westerly,
measured at right angles from said Westerly line of Saratoga-Sunnyvale Road,
North 0° OS' 29-West 48.14 feet; thence along a tangent curve to the left,
having a radius of 30.00 feet, through a central angle of 41° 44' 12·. an arc
length of 21.85 feet to a ·poi.nt in the Northerly line of said parcel; thence
along said Northerly line North 89° 58J 56n East 27.61 feet to the Point of
Beginning.
PARCEL THREE:
BEGINNING at the most Southwesterly corner of Parcel No. 14, as said parcel is
sho\.JTI on the Record of Survey, recorded in Book 307 of Maps, at Page 29, Santa
Clara County Records; thence along the Westerly line of said parcel North 0° 05'
29" West, 10.00 feet; thence leaving said Westerly line along a line parallel
with and 10,00 feet Northerly, measured at right angles from the Southerly line
of said parcel, North 89° 58' 56" East, 50.04 feet; thence along a tangent curve
to the right, having a radius of 30.00 feet, through a central angle of 48° 11'
23", an arc length of 25.23 feet to a point in the Southerly line of said parcel;
thence along said Southerly line South 89° 58' 56" West, 72.39 feet to the Point
of Beginning •
...
STR: 80% CONV UF
ACCOUNT # 98-20648
/
RESOLUTION NO. 5880
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF LAZANEO DRIVE AND NO.
DE ANZA BOULEVARD DEVELOPER, SOBRATO INTERESTS, A
CALIFORNIA LIMITED PARTNERSHIP AUTHORIZING EXECUTION OF
IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP
AND IMPROVEMENT PLANS
WHEREAS, there has been presented to the City Council for approval of
the parcel map and improvement plans of property located at the southwest
corner of Lazaneo Drive and No. De Anza Boulevard by Sobrato Interests, a
California Limited Partnership; and
WHEREAS, there has been presented to the City Council a proposed 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 and improvement plans herein referred to are hereby
approved.
b. The offer of dedication for street areas and all easements is hereby
accepted.
c. The City Engineer is hereby authorized to sign said improvement plans.
d. The City Engineer and the City Clerk are hereby authorized to sign said
parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized to execute the agree-
ment herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June , 1982, by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Isl Dorothy Cornelius Isl Reed Sparks
City Clerk Mayor, City of Cupertino
Resolution No. 5880
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: COMMERCIAL BUILDING
SOBRATO INTERESTS, A CALIFORNIA LIMITED PARTNERSHIP
LOCATION: SOUTHWEST CORNER OF LAZANEO DRIVE AND DE ANZA BOULEVARD
A. Faithful Performance Bond: $ 52,000.00 ~~---'-~~~~~~~~~~~~
Fifty Two Thousand and no/100 Dollars
B. Labor and Materi~l Borid: $ 52,000.00
~~~~~~~~~~~~~~~
Fifty Two Thousand and no/100 Dollars
C. Checking and Inspection Fee: $ 2,600.00 ~~---'-~~~~~~~~~~~~ Two Thousand Six Hundred and no/100 Dollars
D. Indirect City Expenses: $ 390.00
~~~~~~~~~~~~~~~ Three Hundred Ninety and no/100 Dollars
E. Development Maintenance Deposit: $ 250.00
~~~~~~~~~~~~~~~ Two Hundred Fifty and no/100 Dollars
F. Storm Drainage Fee: $ 8,027.00 ~~---'-~~~~~~~--~~~~ Eight Thousand Twenty Seven and no/100 Dollars
G. One Year Power Cost: $ 189.00
~~~~~~~~~~~~~~~
One Hundred Eighty Nine and no/100 Dollars
H. Tree Fees: $ · N/A "
~~~~~~~~~~~~~~~
. I. Map Checking Fee: $ 50.00
Fifty and no/100 Dollars
K. Water Main Extension $ N/A ~~~~~~~~~~~~~~~
A G R E E M E N T
This AGREEMENT made and entered into this 7th day of
June I 19 82 I by and between the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter
designated as CITY, and SOBRATO INTERESTS, A CALIFORNIA LIMITED
PARTNERSHIP, 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 commercial building, hereinafter referred to as
"Project."
WHEREAS, CITY hereby approves the improvement plans and specifi-
cations prepared for the Project by Kier and Wright, a true copy of
said improvement plans and specifications are on file in the off ice of
the City Engineer of Cupertino; and WHEREAS, the same are incorporated
herein by reference, the same as though set out in full; now,
therefore, said improvement plans and specifications shall be
hereinafter called the "Plans," and the work to be done under the
plans shall be called the "Work."
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby establfshed the amounts of Bonds, Fees, and Deposits as set
forth in the following schedule:
Page 1
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Requirements -N/A
PART A. Faithful Performance Bond:
Fifty-Two Thousand and no/100 Dollars
PART B. Labor and Material Bond:
Fifty-Two Thousand and no/100 Dollars
PART c. Checking and Inspection Fee:
Two Thousand Six Hundred and no/100 Dollars
PAR'r D. Indirect City Expenses:
Three Hundred Ninety and no/100 Dollars
PAR'r E. Development Maintenance Deposit:
Two Hundred Fifty and no/100 Dollars
PART F. Storm Drainage Fee:
Eight Thousand Twenty-Seven and no/100 Dollars
PART G. One Year Power Cost:
One Hundred Eighty~Nine and no/100 Dollars
PART H. Street Trees:
PART I. Map Checking Fee:
Fifty and no/100 Dollars
PAR'r J. Park Fee:
PART K. Water Main Extension Deposit
$52,000.00
$52,000.00
$ 2,600.00
$ 390.00
$ 250.00
$ 8,027.00
$ 189.00
By Developer
$
N/A
N/A
50.00
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO-WIT:
1. DEDICATION
(a) The DEVELOPER offers to dedicate the real property shown
on Exhibit "A", which is attached hereto and made a part hereof by
reference. Said dedicated property shall be free and clear of all
liens or encumbrances except those which the CITY shall waive in
Page 2
writing. The DEVELOPER agrees not to revoke
and to keep said offer open until the CITY
tion.
said offer of dedication,
accepts off er by resolu-
(b) Upon execution of this AGREEMENT the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real prop-
erty described in Exhibit "A", and such other executed conveyances, or
instruments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, to
the CITY:
(1) A preliminary title
insurance company relating to
dedication; said Preliminary
furnished by DEVELOPER.
title
for
be
report issued by a
the property offered
Title Report shall
(2) A standard policy of title insurance issued by a
title insurance company and insuring the CITY in the sum
of: N/A and which shall show said property free and clear
of all liens or encumbrances except those as the CITY shall
expressly waive in writing; said policy shall be furnished
at the time of acceptance of dedication and recordation of
deed.
(c) Upon the condition precedent that the DEVELOPER shall perform
each and every covenant and condition of this AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
(a) The DEVELOPER shall install and complete the Work within one
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
the DEVELOPER'S surety or both.
Cb) 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
Page 3
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 ot 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.
The DEVELOPER hereby agrees to
the improvements at the North
intersection. Said deposit shall
parcel. The Assessment District
determine the benefit to the parcel
will generate.
pay to the City a cash deposit for
De Anza Boulevard/Stevens Creek
be based on a benefit share to the
procedures shall be employed to
that the intersection improvements
The cash deposit shall be given to the CITY within ten (10) days
of a formal notice from the CITY. Any excess monies shall be returned
to the DEVELOPER after construction of the improvements. Any
deficiency in the amount required to fund the intersection
construction shall be paid to the CITY within ten (10) days after
formal notice by the CITY.
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.
Page 4
4. QUITCLAIM DEED
. 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:
Cl) 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
Page 5
.DEVELOPER furnished the CITY with a surety bond.
the DEVELOPER shall fail faithfully to perform the
ditions of this AGREEMENT, or to make any payment,
of· land, or any improvements herein required, the
pr.oceeds of said security thereto.
In the event that
covenants and con-
or any dedication
CITY may apply the
(d) No release of surety bond, cash deposit, check,
ficate of deposit, shall be made except upon approval of
Council.
or certi-
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 off ice 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
Page 6
·aust 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-
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.
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
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
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-
date
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 fees required for installation of overhead and/or under-
ground wiring circuits to all electroliers within said property and
any and all fees required for undergrounding as provided in Ordinance
No. 331 of CITY when 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 DE-VELOPER 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
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
OFFICIAL SEAL
CANDY OLIVERA
NOTARY PUBLIC • CAl!FORNIA
SANTA Ct.ARA COUNTV
My comm. expires MAR 14, 1986
·---·-------------C~:~To: ~: c~~;;;.:~~,~~-~·-·-------·-·-··-f ss.
On this ..... Jit.h .. __________ day of ________ .;[E_~~--------------·------,in the year one thousand nine
hundred and .. ~_:hg_h_t.Y .... '.!'.~S?. .... before me,. .... -~.9.--~9:Y. ... .9..~_:':-.Y..~E-~---·-··--------·-·------··---····
a Notary Public, State of California, duly commissioned and sworn, personally appeared
·····-·····-··--···--··-·--···-···--·········--·-····.J.Q.hn ..... S.Q.R±.9:t9 ..................... --·········---··-··· .. ···-··········-····--····---·--
known to me to be one of the partners of the partnership that executed the within instrument,
and acknowledged to me that such partnership executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal,
in the -------County of---~~-!?:.!:~----~-~-~E-~------········--·--the day and year in this
certificate first above written.
This document is only a general form which' may, be proper for use 1n simple transactions
and in 110 way aclS, or is intended to act, as a substitute tor lhe advice ol an attorney. -~~ The publisher does not make any warranty, either e>epress or implied, as to the legal
validity ol any prov1S1on or the suitability of these forms many specific transaction.
Cowdery's Form No. 29-(Aclmowledgment-Partnership)
( C. C. Sec. 1189) . . . March 14, 1986 My Cornntlss1on Expires ....................................................................... .
(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
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision. ~
22. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assign and transferees of DEVELOPER. The assignment of
this AGREEMENT shall not be made without approval by the City Council
of the City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto af-
fixed by its Mayor and City Clerk, thereunto du'iy authorized by
resolution of the City Council and said DEVELOPER has hereunto caused
his name to be affixed the day and year first above written.
CITY OF
Sobrato Intere
California Limited Partnership
Page 11
FUNN, GRAY & HERTERICH
314 LYTfON AVE. /P.O. BOX 561
PALO ALTO, CA 94302
l"EL: (415} 328-7300
NAME AND.-.ADDRESS OF INSURED
SOBRAID m .. VELOPMENT ro.' EI'AL
20700 V.AILEY GRl!!EN DRIVE
aJPJlltl'OO, CA 95014
COMPANIES AFFORDING COVERAGES
COMPANY A ZURICH LETTER
COMPANY B '.E'Il~EY.1AN' s FUND LETTER
COMPANY c
LETTER f:<-
COMPl\,I\{¥ ·o· LETT El)<
COMPANY E LETTER
--:rhis is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies.
COMPANY
LETTER
A
A
B
TYPE OF INSURANCE
GENERAL LIABILITY
gg COMPREHENSIVE FORM
00 PREMISES-OPERATIONS 00 EXPLOSION AND COLLAPSE HAZARD 00 UNDERGROUND HAZARD 00 PRODUCTS/COMPLETED OPERATIONS HAZARD ~ CONTRACTUAL INSURANCE
~ BROAD FORM PROPERTY
DAMAGE ~ INDEPENDENT CONTRACTORS IX! PERSONAL INJURY
AUTOMOBILE LIABILITY
D COMPREHENSIVE FORM
DOWNED
[Kl HIRED
IXl NON-OWNED
EXCESS LIABILITY
D UMBRELLA FORM
D OTHER THAN UMBRELLA
FORM
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
POLICY NUMBER
'IOP 77 77 256
'IDP 77 77 256
Jijp 689 050 63
POLICY
EXPIRATION DATE
07/01/85
07/01/83
01/01/83
limits of Liability in Thousands (O~
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
EACH
OCCURRENCE
$
$ 500
PERSONAL INJURY
BODILY INJURY $ (EACH PERSON)
BODILY INJURY $
(EACH ACCIDENT)
PROPERTY DAMAGE $
BODILY INJURY AND
PROPERTY DAMAGE $ 500
COMBINED
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$
$
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
P<.'ltlj)I will ~ctm:mail --30.. days written notice to the below named certificate holder.:moommi.~ . . . . . 't°Ki!DP~
NAME AND ADDRESS OF CERTIFICATE HOLDER:
CITY OF CW£RTil;Q
10300 'I'OIW.E AVE.,
CUPERTil\U, CA
A:l"'IN: BUil.J)Il"l:i DEPT.
DATE ISSUED: 06/0~"-': /,__.'8..,,,2,.___ _______ _,b=b"'------
O,~
--··-·-··'.··--···C~:: T; ~~-~;~~~:~~~~E_~·-··-·-·······-··· i SS.
OFFICIAL SEAL .
On this ...... _~E.9: ...... ___ .day of·····--·~-~-~-'?-.. ·-····--·-··-···-·in the year one thousand nine
hundred amf2.;hg]}._t.Y. .... 1'.W.Q_ ..... bef ore me, ...... .C.ilD.Q.Y-.... 0.li.Y..e.r.a ............ -·-··-···········,
CANDY OUVER'A
NOTARY PUBLIC ~ CALIFORNIA
a Notary Public, State of California, duly c~missioned and sworn, personally appeared ·············-··········-·······························i!5?.~P.-..... ~.9..!?..~.?.!-.t9 ................. ---·········--······------··········-·······--·-····-SANTA CLARA COUNTY -
My comm. expires MA~ 14, 1986 known to me to be one of the partners of the partnership that executed the witliin instrument,
and acknowledged to me that such partnership executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal,
~i:ZE:=~~·~:2:=::::::?:'.i~J£:~~~.~:~:;:.-fir~~=:~~~·t~~~~smt .. /)~~ '"""' • ·~ .,,,._ ., ·~ "'-''" •' -••-,, ·~ -"" "'"-"'" (~J"'> Ptibl« Stat• of Cahforma
Cowdcry's Form No. 29-(Aclmowlcdgment-Partnership)
(C. C. Sec. 1189) My Commission Expires .. ------------~~.~~-~?.: .... ~~-L.J.~ .. ?..~--------
Bond # 2598293 Ai~l.'.uAL PREMIUM $ 174.00
FAITHFUL PERFORM~JCE A...~D COMPLETION IMPROVEMKIT BOND
(Subdivision Improvements)
TH.AT vlE, SOBRATO INTERESTS, A CALIFORNIA': T.IMITED PARTNERSHIP
~\~
as Principal and Safco Insn4'.ance eompa;i;:i.y
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of
FIFTY-TWO THOUSAND Dollars ($ 52.000.00 )
lm-;ful money of the United States, for the payment of "l.'hich will and truly to be made,
we bind ourselves, our heirs, executor~, successors and assigns, jointly and severally,
firmly by these presents.
THE cc~mITIOl"\ of the foregoing obligation is such that,
WnEREAS, said Principal will perform all necessary improvements relative to
COMMERCIAL BUILDING
located southwest corner of Lazaneo Drive and De Anza Boo] evard
in accordance Ki th the approved Impiove::ient Plans prepared by
~~~~~~~~~~~__,K~i~·e~r.._&..._W....,..r~i~g~h~t~-:-~~~~~~~~~~~~~~ Civil Engineer
on file in the Engineer's Office, City of C~p(rtino.
~,r;:;.J:L~;:::.;.s, Ir::provements shall be completed within one (1) year from the date of
Acceptance cf this bond by the City Council.
~,;;_.J.i::R.EAS, Improvements slrnll be maintained for a period of at least one (1) year after
acceptance of construction by the City. r;1is bond shall be in full force and effect
through the period of maintenance as provided in said contract. The maintenance period
shall continue until such time that all deficiencies of construction are corrected to
the satisfaction of the· City Engineer's Office.
N0':'1, TiiEREFORE, if the said Principal shall well and truly do and perform all the
covenants and obligations as set forth above, on its part to be dane and performed at
the time and in the manner specified therein, then this obligation shall be null and
void; other..:ise this bond shall remain in full force and effect.
U UIT~ESS wtlEREOF, this instrument has been duly executed by the Principal and
Surety this 'rhird day of June , 19 82 ---
(Tc be signed by
Principal and Surety
and acknowledgment)
The abovt bond is accepted and
19 82
?rincipal
Safeco Insurance Co:rrpa,ny
Surety
June
STATE OF CALIFORNIA )
-)
COUNTY OF SANTA CLARA)
ss.
;\/!.
On June 3 , 19 82 , be lore me, the
~~~~~~~~~
undersigned, a
Notary Public in and for said State, personally appeared
James P. O 1 Brien
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WTTNESS my hand and official seal.
l~~~~~~~xxxx~xx~xxxxxxxxxxxxx~
OFF!CIAL SEAL ~
'" FLORENCE M. HAYES :o~ ,d".' No·r AR'I PUBLIC· CALll.flRNl.L\ ~~ ~~·. ~b !\;:: ~ .. · 'SANlll CLARA COUlff( ~~
~ Otary:bliC in ~nd ~ t)re co"2ft t y
of Santa Clara, State of California
____ ;; _________ [!tl'(_~~S.Sw:Jti!:.£.;<..eJ.2.f...S...!.J..LC:...24.,.J.,?~1--~------------------------------------------
j,~'.i'~;,«~~·.· .. ::;~ ~ . "'"··"·'"'.~:~~.':t. ·v·•~"·' ~ -'~ .,:~~-.~ ~
CORPOF-.UIO:::-; ACK~OF"LEDGE:lENT
STATE OF CALIFORXIA
SS.
COCffY OF SA..'iTA CLAR . .\)
On , 19 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
known to ne
to be the of , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
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.
Notary Public in and for the County
of Santa Clara, State of California
m
SAFECO
KNOW ALL BY THESE PRESENTS:
POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAl-'ECO PLAZA
SEATILE, WASHINGTON 98185
That SAFECO Insurance Company of America and General Insurance Company of America, each a
Washington corporation , does each hereby appoint
-----------------------------------LYLE J. GR'AY; FRANK HERTERICH; JAMES P. O'BRIEN;
CHARLES L. WHELAN; N. RALPH McINTYRE, Palo Alto, ~alifoni.ia----------------------------
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF. SAFECO Insurance Company of America and General Insurance Company of America have
each executed and attested these presents
this _____ l_s_t ___ day of July ' 19 80
CERTIFICATE
Extract from Article VI, Section 13, of the By-Laws of SAFECO Insurance Company of America
and of General Insurance Company of America:
"Article VI, Section 13, -FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America and
of General Insurance Company of America adopted July 28, . 1970 and as amended February 2, 1977:
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Wm. Hammersla, Vice President and Secretary of SAFECO Insurance Company of America and of General Insurance
Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power-of-Attorney issued pursuant thereto, are true and correct, and that both the
By-Laws, the Resolution and the Power-of-Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
S-974 R6 3/80
Third --------day of June
'i ! '
82 ' 19
PRINTED IN U.S.A.
LABOR AND MATERIAL BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State ~~ California, and
SOBRATO INTERESTS, A CAI.IFORNIA I Il;HTED PARTNERSHIP
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and ___ S_a_f_e_co __ Ins_ur_an_c_e_Co'---np..._an_..y __ _
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 labor upon the same, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person, in the just and full sum of
FIFTY-TWO THOUSAND DOLLARS
( $ s 2 '000 . 00 ) .
THE CONDITION OF THIS OBLIGATIO~ IS SUCH THAT if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay for any materials, provisions, provender or other supplies or teams
used in, upon, for or about the performance of the work contracted to be done,
or for any work or labor thereon of any kind, or for amounts due under the 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 the:Lr assigns in any suit
brought upon this bond.
OFFICIAL SEAL
CANDY OLIVERA.
NOTARY PUBLIC •CALIFORNIA
SANTA CLARA COUNTY
My comm. expires MAR 14, 1986
·-----------------C ~::To:~:. c~~::::~~--,:~ ............ -............ ! SS,
On this ..... J.£9 ......... ___ .day of ...... _ .. _J.:u.n.e_ ...... _ .......... _.in the year one thousand nine
hundred and ... !.'.~.9.-~~.¥. .... ~~-<?. ... bef ore me, .............. f.~P.:gY. .... 9.l.t.Y..~l'.:.9.: ....... -............... ,
.~.-~:~:ry --~~~~:: ... ~~:~.~ .. -~e.5-f.~:]~~~~-{~=~::~:~ .. ~.~-.:=~: ... ~:~~=~~~-.:~~:~:.:~
known to me to be one of the partners of the partnership that executed the witliin instn1ment,
and acknowledged to me that such partnership executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal,
in the ---------County of_ .. §_9:P.J:.9: .... GJ9.-.~.9 ................... the day and year in this
certificate first above written. ~ a
This document IS only a general form Which may, be proper for Use 1n simple lransactions a' ~ ':t!.t'::t' ~
and in n,o way ac1s, or is Intended to act. as a subsutule tor the advice of an attorney. I"~ " /. ~
The publisher does not make any warranty, either express or implied, as to the legal ·-----·--·······-············-·············· ---··•·· · <'/.t'-1 . ·····N~t;~·-P~hlk. Stat~e 0 { -;··ii~;.;tl;:
vahdi1y ol any prov1s1on or 1he suitability of these forms many specific 1ransac1ion. .. J
Cowdcry's Form No. 29-(Aclmowledgmcnt-Partncrshlp) • • • March 14 1 19 8 6
(C. C. Sec. 1189) My Commission Expires ...................................................................... ..
Labor and Satt• r.i.:>l ~ond Page 2
And the sa..i.d Sun~t:y, for value rccei ve::d, hereby stipulates, and agrees
that no change, extension of tim.;,:, alteration or nddi tion to the terms of
the contract or to the work to be p~rformcd thereunder or the specifications
accompa!1ying the san,e shall in any wise affect i~ts obligations on this boncl,
and it does hereby waive notice of any such ch~pge, e_:>:tension of _time, alter-
ation or addition to the terms of the contract?or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed, by the Principal
and Surety this 'Ihird day of Jtn:i:e , 19-s-2-.
(To be signed by
Principal and Surety
and ackuowledgment
end notarial se~l
attached.)
Principal
"
Safeco Insurance CC?rrpany .. Surety
The ':lbove bond is acceptec" and approved
June
~~~~-~~--~~-
82 , 19
of
STATE OF CALIFORNIA )
) . SS.
COUNTY OF SA.1\l'TA CLARA)
On June 3 , 19 82· , be~pre me, the undersigned, a
Notary Public in and for said State, personalty appeared
JCIID8S P. O'Brien
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Pub ic in an~
of Santa Clara, State of
CORPORA.TIO~ ACKNOHLEDGD1ENT
STATE OF CALIFORXIA )
) ss.
COUNTY OF S.~~TA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
to be the of , the
corporation that executed the within Instrument, known to me to~be the person
who executed the within Instrument, on behalf of the Corporation herein named,
~nd acknowledged to me that such Corporation executed the same.
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.
Notary Public in and for the County
of Santa Clara, State of California
m
SAFECO
KNOW ALL BY THESE PRESENTS:
POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAl-'ECO PLAZA
SEATILE, WASHINGTON 98185
That SAFECO Insurance Company of America and General Insurance Company of America, each a
Washington corporation , does each hereby appoint
-----------------------------------LYLE J. GI\'AY; FRANK HERTERICH; JAMES P. O'BRIEN;
CHARLES L. WHELAN; N. RALPH McINTYRE, Palo Alto, '¢'alifornia----------------------------
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO Insurance Company of America and General Insurance Company of America have
each executed and attested these presents
this _____ l_s_t ___ day of July ' 19 80
CERTIFICATE
Extract from Article VI, Section 13, of the By-Laws of SAFECO Insurance Company of America
and of General Insurance Company of America:
"Article VI, Section 13, -FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America and
of General Insurance Company of America adopted July 28, .1970 and as amended February 2, 1977:
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Wm. Hammersla, Vice President and Secretary of SAFECO Insurance Company of America and of General Insurance
Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power-of-Attorney issued pursuant thereto, are true and correct, and that both the
By-Laws, the Resolution and the Power-of-Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
this '11hi rd day of -~J~un=e~------' 19 -82_
S-974 R6 3/BO PRINTED IN U.S.A.