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82-032 Woodspring, Inc.(Woodspring Condominiums) �� NO FEE IN AccoRDANcE K 253PA6E15i55°—°�� 1iJTERIIN CITY HALL WITH GOV CODE 6103 ..38 7951 19430 S. DeAnza Blvd. Cupertino. CA 95014 �( FIAT RELED QUESETCOF D / . -41 ) fiuc 7 II 49 Pati 1O7 RESCISSION AND RELEASE OF AGREEMENT '110 ENCUMBER CONIDOEINIUMOl' ' `, o w tI ,.,A , _r.r;4 C+�UIITY LAURIE KANE VIECORDER This RESCISSION AND RELEASE OF AGREEMENT TOI ENCUMBER CONDOMINIUM UNITS is made and entered this 20,79f day of�� l , 1987, by Woodspring, Inc., a California Corporation (hereinafter referred to as the "Developer") and the City of Cupertino, a municipal corporation of the State of California (hereinafter referred to as the "City") . 939'7951 A. WHEREAS, the parties have previously executed an AGREEMENT TO ENCUMBER coNravaium UNITS on the 29th day of September, 1983, and caused said document to be recorded with the County Recorder of Santa Clara County at Book H997, Page 368 Records (Doc want #7857164) ; B. WHEREAS, the said agreement constitutes an encumbrance on the Developer's real property located in the City of Cupertino, County of Santa Clara, State of California, more particularly described as: Parcel A of Tract 7105, Woodspring, which map was recorded January 21, 1983, in Book 508 of maps at pages 27 through 28 Santa Clara County Records. C. WHEREAS, the parties now desire to rescind said agreement and release said enctmibrance due to the fact that the Developer has paid fees in lieu of participating in the City's Below-Market Rate Housing Program. NOW, THEREFORE, in furtherance of the foregoing recitals, Developer and City do hereby agree as follows: 1. The AGREEMENT TO ENCUMBER CONDOMINIUM UNITS executed by the parties on the 29th day of September, 1983, is hereby rescinded and the terms thereof shall have no further force and effect. ORIGINAL STATE OF CALIFORNIA }ss. COUNTY OF SAN MATEO On this 20th . day of July , in the year 19 87, :..0r/eteYL13 .GUxixrrrnxx before me, the undersigned, a Notary Public in and for said State, personally appeared OFFICIAL SEAL • Gerald C. Johnson I: -t.:1 VICKI LW,GILUM S. (�� J ,F NOTARY PUBLIC-CALIF personally known to me lz _,.v; 1 SAN MATEO COUNTY a '(or proved to me on the basis of satisfactory evidence)to be the persons who executed the • ` :::•;,��" MYComrn.Exp.Mar.13,1991 within instrument as President �ngxxxxxxxxxxxgJ,rggfr3C x •'" 'x'- rrrixr x ''- ,- r •rte .xu' , xesasutirSf the Corporation therein named,and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. • WITNESS my hand and official seal. / J/�/ I L i, • Vi rkk± i.ynnG_/1lmaan/ �G(% 01983ACKNOW OLC017N.—Corp:Pres.6Sec.—W(pricee Form 222CA—Bev.11-83 ©1983 WOLLCTTS,INC. (price class 8-2) Notary Public in and for said State. • s l • - K253Pa6E1516 2. All encumbrances and covenants described in said agreement which 'attaches to the Developer's real property as previously described are hereby released. 3. Recordation of this Agreement in the Office of the County Recorder of the County of Santa Clara shall be accomplished upon its execution. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written. "City" "Developer" CITY OF CUPERTINO, a WOODSPRING, INC., municipal corporation a California Corporation of the State of California by Cts--... by7..���. .-�� Its re c fl i4 . Its //�1 41, ATTEST: 'r.' n,r OF `-'4-'i',,,,.., T 1 ,, / a city ( , ',':,::'.-C,, " ,!;;;11,., } 1'1/ ' ii LL �1L' .;.- ,rS'.7 J .,,'4:i . ' bmrhwassoc({aany'vvv I' , t •44:x.:4 t!a + i �v�3z k • `} '785'7164 4'06o /6 4eC�o/hooA-nog✓ Recording Requested By and MC 1111111997NGE-368 tchen_Recorded Return To : NO p -- MICRO Per- Co RETURN TO CITY LIEN NOT N G0✓ gnor�O4'NC$' OF CUPERTINO670 10300 TORRE AVE. SMPF - CUPERTINO, CA 95014 AGREEMENT TO ENCUMBER CONDOMINIUM UNITS THIS AGREEMENT TO ENCUMBER CONDOMINIUM UNITS is made and entered this a•9 '. day of SEPTEinse,¢ , 1983, by WOODSPRING, INC. , a California corporation (hereinafter referred to as the "Developer" ) and the City of Cupertino, a municipal corporation of the State of California (hereinafter referred to as the . , "City" ) . ' A. WHEREAS, Developer owns that certain real property located in the City of Cupertino, County of Santa Clara, State of California, more particularly described as: Parcel A of Tract 7105 as shown on a Map recorded in Book So 9 , Pages 2l to 2$ , inclusive, of Maps, in . the Office of the County Recorder, for said County (herein- after referred to as_the "Property" ) ; Y B. WHEREAS, Developer is developing a sixty-seven (67 ) unit residential condominium project upon the Property to be known as Woodspring Condominiums (hereinafter referred to as the "Project" ) ; . C. WHEREAS , City has required that, as a condition for its approval of the Project, Developer make six (6 ) individual condominium units within the Project subject to the City of Cupertino Below Market Rate Housing Program (hereinafter referred to as the "BMR Program" ) by recording the City of Cupertino Below Market Rate Housing Program Participation Agreement (hereinafter referred to as the "BMR Agreement" ) , a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, against each of the six (6 ) individual, condominium units ; and D. WHEREAS , City desires to ensure that the BMR Agreement is recorded against six ( 6) condominium units in the Project prior to the sale of said condominium units. ;c : . t NOW, THEREFORE, in furtherance of the foregoing recitals;. :-,, Developer and City do hereby agree as follows: ' � ' •`• ',` 1 . The City hereby consents to the recordation by, -th2'•,. : '- /o ,,. Developer of the Tract Map in the Office of the County Recorde for the County of Santa Clara.- • '•7 5 t, • .:_. ,...., /857164 .b,m "A':l. JIAVVA �� (�) , . 0 119 2. The developer shall , at a time subsequent to recordation ' of the condominium plan on the project, but prior to the sale of any individual condominium unit, record the BMR Agreement against six ( 6 ) individual condominium units in the Project to . • be selected by Developer in its sole discretion. 3. Recordation of this Agreement in the Office of the County Recorder for the County of Santa Clara shall serve to ' place the prospective purchasers of the aforesaid affected condominium units on notice that said condominium units are subject to the BMR Program. 4. The parties hereto acknowledge and agree that this Agreement shall affect only those six ( 6) individual condominium units to be selected by the Developer in its sole discretion and shall not affect any other condominium unit in the Project whatsoever. . 5. The parties hereto acknowledge and agree that Developer 's • obligation to record the BMR Agreement against six ( 6 ) condominium units shall automatically terminate and all provisions herein so obligating Developer shall he null and void and of no force or effect immediately upon the occurrence of any of the following: a. The abandonment of the BMR Program by the City of Cupertino; b. The finding by any court of law that the BMR Program is void and/or otherwise unenforceable for any reason including, but not limited to, a determination that the BMR Program is violative of any state law or statute or the State or Federal Constitution; or . c. The abandonment by Developer of its plans to develop the Property as a sixty-seven ( 6-7 ) unit residential ` ,.;: •:, condominium project. • . _�` < IN WITNESS WHEREOF, the parties hereto have executed 't;hi.$ Agreement on the day and year first above written. r =` City" "Developer" 113 CITY OF CUPERTINO, A WOODSPRING, INC. Municipal Corporation of A California Corporation : at;affT) . By �C_U_ A . is .21 Its ' ` �i�/' By ;� 1,� ,, . , ;.,;,1. ) , By O Its . . '. Its :; I I ATTES ; ,, .. •- .;3r " _ Cit lerk • ,r'. ..,„.,..... • 11. • -2- ' • �_,, C 11997fla 370 STATE OF CALIFORNIA ) . ) ss. - COUNTY OF ) On this day of - , 1982, before me , the undersigned , a Notary Public, State of California, duly commissioned and sworn, personally appearedand , known to me to be the and • of the CITY OF CUPERTINO, and known to me to be the persons who executed the within instrument on behalf of said public corporation , agency or political subdivision, and acknowledged to me that such City of Cupertino executed the same. WITNESS my hand and official seal . Notary Public, State of California STATE OF CALIFORNIA ) ss.. COUNTY OF f 'C ) j On this p2 Kday of--- t% / / , 1981,-before me, the undersigned , a 'I•]otary Public, State of CalifoAnia duly commissioned and sworn, personally appeared da,pd.bd C. i 7y2An3a4) and , known to me to be the ,Pr s ck etil- ' and of the corporation described in and that , 4f, executed the within instrument, and also known to me to be, the`:S. Persons who executed the within instrument on behalf of the, .-, -„ • `.' corporation therein named, and acknowledged to me that such;:;' • •_ _. corporation executed the same. : ,':1 WITNESS my hand and official se. • o . c ..00 ter" NoE.r--y Pub Vc, ' tate of California b DFDAOCfi7CCIMCX9LX9(0B-0)(X9MBG SICADGI - • OFFICIAL SEAL g 2 _ DOROTHY MARIE CURNELIUS �J ryO NOTA] ..-ic.•C.,LIrURNIA Gg o •=-r SA!., ...N COUNTY IMy Commission ch...._. .:.b. 17, 1984 P GOGX9CAC.O4 gs •Lg.. OANOAFFIYCAIAACAON LTIYUS IF ,,,, NOTARY PUBLIC-CALIFORNIA My Commission Expires Feb. 17, 1984 g0061(94X9G,ULIOG.96/L9tattome)6,o6 9LX')GOC I -3- . Pr- TICIPATION AGREEMENT CITY OF CUPERTINO BELOW MARKET RATE HOUSING PROGRAM 11997”tt 371 . This agreement made and entered into this day of , 1980, by and between the City of Cupertino , California (hereinafter "City" ) , and WOODSPRING, INC. ; A California Corporation (hereinafter "developer") , witnesseth: - • Whereas, developer is the owner and developer of that parcel of real property commonly known as Parcel A of Tract 7105 as shown on a Map recorded in Book , pages • to , inclusive, of Maps, Santa Clara County Records , and Assessor' s Parcel Number ' , ' Cupertino, California; . Whereas, developer proposes to develop a sixty-seven (67) unit, multiple family, residential housing project (heeinafter "project") on above-described property; Whereas, on August 25 - , 1980, the City Council .of the City of Cupertino, by adoption of Planning Commission Resolution, ' No. . 2123 , approved the development of said property in a manner consistent with the terms and conditions herein contained, one of such conditions being developer' s participation. in the Below Market Rate (BMR) Housing Program of the City of • , .' - 'c Cupertino, and ' Whereas, it is the intention of both parties to set forth: .. ;' : the covenant, conditions 'and restrictions applicable to BMR Program.'' participation in this separate document. Now, Therefore: in consideration 'of the foregoing, and of the mutual terms and covenants hereinafter set forth, the parties hereby agree that developer shall participate in the above-described program, subject to the following terms and -conditions : • execution,: recprdatio(a.nd performance of this (Agreement shall constitute performance of those conditions of sibdivision - approval for the PROJECT which relate to sale of units pursuant 40 . CO to the CITY 's BMR Program and the incorporation of related terms '1 in the ozganizational• docu_ments for the PROJECT, and shall be G1 sufficient in that respect to permit recordation of the final N subdivision map, subject to City Council approval of said final - map, satisfaction of all other applicable conditions and compliance with all -provisions of law. , 2. SALE OF UNITS. Developers hereby 'agreethat they shall offer units for sale, based upon the attached unit description and processing schedule, labeled Exhibit A, to households qualified by the City or its designee pursuant to the City' s Below Market Rate Housing Program and the guidelines established thereunder. Developer further agrees to insert in any deed or. other conveyance of any said units those certain terms, conditions and restrictions attached hereto as Exhibit B and incorporated herein by this reference. • 3. OPINION OF COUNSEL. Concurrent with the execution hereof; ,, '- developer shall provide to City a letter opinion from its legal •,• ' ?" 1 A • counsel stating that in the opinion of counsel this agreement constitutes a valid and binding contract upon developer and that/ ti the inclusion of the terms hereof .in this agreement rather than in the Declaration of Covenants, Conditions and Restrictions for the project does not -impair developer' s legal ability to comply with said terms nor the enforceability of this agreement • by City. • 4 . RECORDATION. Developer. shall execute this agreement, . • - -2- cause, the same to be cknowledged and deliver said executed and acknowledged document to the CITY in such form as to permit its recordation in =he Office of the County Recorder of the y cp County of Santa Clara. This agreement shall be recorded at the same time as tha final. subdivision map for the PROJECT is • recorded. CITY shall not be obligated to permit recordation mkt u of the final subdivLsion map prior to such delivery of this agreement. . . 5_ LIMITED CONSTRUCTION. Nothing contained herein shall ' be deemed compliance with or waiver of any provision of law or condition of subdivision approval except as expressly stated . herein with respect to conditions' relating to BMR units . • 6: AGREEMENT BINDING. The terms, covenants and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, contractors, subcontractors and grantees of both parties and shall be covenants running with the land_ 7. WAIVERS. The waiver by any party of any breach or violation'_ • of any term, covenant or condition of this agreement or of.."' x*. 1v . , { ? L.m 21y.4 provision, ordinance or law shall not be deemed to be a 'tiiativer�.,• _ .rx ': �.-:•Iii of such term, covenant, condition, ordinance or law or ofe-*I.Y. :. " : ' ' t subsequent breach or violation of the same or of any other term, covenant, condition, ordinance .or_law. B. COSTS AND ATTORNEY' S FEES . The prevailing party in any . action brought 'to enforce the terms of . this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. . , .. . . . „,. . . . • . C (. . . . IN WITNESS WHEREOF, CITY AND DEVELOPER have executed this • agreement the day and year first above written. 11997PAGE374 ATTEST: • • CITY OF .CUPERTINO . -. . . . . . . .. . City Clerk by: City Manager . • . . . WOODSPRING, INC. . • . . A ar: • • • . a a a - an -. . . • . . Developer . . . - • . - . . • . . . . . by: - . . . . . Position: . - . . Approved: . . . . . . Director of Planning Department . . . . ' . . . Approved as to Form: • . . . . . - -.., -:, ..---”•L c0 H ii e Icy, • - . • . - . - - 1/4,#2- 0.16;; ,; •4,7 ..---------I c.• • Assistant City Attorney . . - . ... • . . . . . . . . . . . ; • •. . i . . - . . , . . - • . .. . , • . • ''. . . .. . i . . . . - . . . . . . . . . . . • • . .. - . . -. . . . . . ' . ,. . . ' . . • • . . . . . . . . . . • - . • . . . . • . . . ' . • - .- . . . . - . . . . . . . - . . . . . • • . . . • . ' • . . . . . . . .. . . . ' • (' E;{FiIIIIT B •• C' TERMS AND CONDITIONS 1997na375 Subject to: • An option to purchase the real property conveyed hereby and any improvements thereon (hereafter " the Premises") under conditions herein later set forth, vested in the City of Cupertino (hereinafter "City" ) . City may designate a governmental or non-profit organi- zation to exercise its option to purchase. City or its • designee may assign this option to an .individual private • ; buyer who meets the City' s .eligibility qualifications . - • After the exercise of said option by City, its assignee or designee in the manner hereinafter prescribed, City, its assignee and designee may assign said right/purchase to any substitute individual private buyer who meets the City 's eligibility requirements and is approved by the City: provided, however, - - that such subsequent assignment shall not extend any time limits contained herein. • • Whenever the owner (including Grantee and all' successors . '. - } in interest) of said Premises shall no longer desire to own : .•- ' said Premises, owner shall notify City in writing to that effect. • Such notice shall be personally delivered or deposited in the United. States mail, postage 'prepaid, first class, certified, addressed to City Manager, City of Cupertino, 10300 Torre Avenue, Cupertino, California, 95014 : City, its assignee or -- ' •,9 designee, shall then have the right to exercise its option to purchase said Premises by delivery of written notice, by personal delivery or certified mail, to the owner thereof at • ' any time within sixty (60) days from the receipt by City • of such written notice from owner of intent to sell or wri.tten: notice of any other method or mode oQermination of ownership. As used hereinafter, "Grantee" shall refer to the original grantee and all successors in interest. H 997NGE,37g If and in the event that City or its designee exercises its option to purchase said Premises, close of escrow of said • purchase shall be within sixty (60) days of the opening of such escrow by either party. Said escrow shall be opened upon delivery to owner of written notice of the exercise of the option or as soon thereafter as possible.: Closing costs and title insurance shall be paid pursuant to the cuseom ,and practice in the 'City of Cupertino at the time of the opening • of such escrow. Any prepayment fees charged by seller' s lender will be paid by the buyer and that amount will be added to the buyer ' s base purchase price to allow it to be recovered upon resale by—the buyer. The seller will be required to obtain and pay for a structural pest control report and to pay for any necessary - corrective work. The seller will. not be obligated to perform preventative, but not currently necessary, work; the buyer.• • cit 1:, � ,.' r C. may perform such work at his or her expense. ;.� • The purchase price shall be paid in cash at the close':.be.• " escrow or as may be" otherwise provided by mutual agreement of buyer and seller.. lt The purchase price of the Premises shall be fixed at the lowest amount arrived at via the following methods : 1. In the case of' original transfer from developer to the City or its assigned interest, the purchase price is established by Exhibit C' of the Below Market Rate Participation Agreement executed .by developer 2 , In th'e case (oc transfer `rom •the original grantee to a qualified purchaser, the purchase price. is based upon: a) The original purchase. price established by 11997?1s:37'7 Exhibit C (paid by the selling owner] plus an amount, if anv, to compensate for any increase in the cost of living as measured by the Consumer Price • Index for the San Francisco-Oakland area published by the U. S. Department' of Labor, Bureau of Labor Statistics (herein "the Index") . For that purpose, the Index prevailing on the date of the purchase • . by Grantor of said premises shall be compared with that estimated to be prevailing sixty days subsequent • to receipt by City of notice of intent to sell. • The IMIT;00 ( percentage increase xk l in the Index, original purchase • if any, shall be computed and the hxxit/price shall be increased in the same percentage; provided, however, that the price as determined under thist: cwt subparagraph 2 (a) shall in no event be lower than mr, . by l• the purchase price paid/the selling owner, including 445= termite or other pest repair work, commission, clfising,;.e"osts, and loan fees. • . ,: "` ' b) The adjusCed purchase price, as determined by subpara- - -. graph 2 (a) , shall be--increased by the amount of any prepayment fees charged by the previous owner' s lender and paid by the current seller at the time the current - seller .purchased said Premises . • c) The adjusted purchase price, as determined under • • subparagraph 2 (a) and 2 (b) shall be increased by • . • • The value, of any substantial' or structural or permanent fixed improvements which cannot be removed without substantial damage to the premises . • or substantial or total loss of value of said improvements as hereinafter provided. No such • adjustment shall be made except for improvements made or installed by the selling owner. No • improvement shall be deemed substantial unless the actual initial costs of the improvement to the • owner exceeds one (1) percent of the purchase • price paid by. the selling owner for the premises. Notwithstanding the foregoing, improvements to • the common areas of a condominium made by a mandatory assessment by the homeowner ' s association will be considered the same as an improvement made directly by the owner. The one (1) percent minimum • expenditure requirement will not apply to such assessments: In addition, the replacement of r . - appliances, fixtures and equipment which were , -4;, sc; originally sold as part of the unit will be ' , _q. C G deemed substantial improvements if the replace 4 ' .'` ' 1 ment is "required-by the nonoperative or deteriorated'• •\ nature of the original appliance, fixture, or equipment. The replacement must be of comparative • value. The one (1) percent minimum expenditure requirement' will not apply to such replacements . No adjustment shall be made for the value of any improvements unless the owner shall present to' • the City valid written documentation of the cost (-, 13997 . of said improvements . the value o;. such improvements • and the amount by which the sales price shall be adjusted shall be the appraised• market value of the improvements when considered as additions or fixtures to the premises (i. e. , the amount by -which said improvements enhance the market value of the premises) at the time of sale. City or its designee- shall have . • • an appraisal made by an appraiser of its choice of said improvements. to establish the market value/ The owner may also have an appraisal made by an apvraiser of owner ' s . • of said improvements. choice to establish -the market value/ If agreement cannot be reached, the average of the two appraisals shall be termed the lata1X±)teXX value of said improvements. Upon resale, an inspection of the Premises will be made by . the - Chief Building Inspector of the City of Cupertino. Damage . ' done to the premises as a result of the selling owner' s failure to adequately maintain the premises will be identified by said Inspector and the cost to repair then will be estimated. The seller has the option, exercisable prior to the close of escrow, - of either repairing the identified damaged conditions and receiving - the full sale price as established above or having the cost to repair the identified damaged conditions deducted from the proceeds of the sale. Those funds would remain in escrow xma to • guarantee that the - repairs be made. In no event shall City become in any way liable to Grantee, nor become obligated in any manner, by reason pf the. assignment of its option -to purchase, nor shall City be in any way obligated or liable to Grantee for any failure of City ' s assignee • to consu'rfate a pur64se of the Premises 'or tb ' comply with the terms of any sale agreement. . • 11997NEES• e Until such time as the City ' s option to purchase is exercised, waived Or expires, said Premises and any interest in title thereto shall not be sold, leased, rented, assigned or otherwise • transferred to any person or entity except with the express written consent of the City or its designee, which consent shall be consistent with the City' s goal of creating, pre- serving, maintaining, and protecting housing in Cupertino for persons of low and moderate income. In the event that City abandons or fails to exercise its option to purchase said Premises within sixty (60) days . after it receives the notice of intent to sell, City will cause to be recorded in Santa Clara County a notice of intent not to exercise its option with respect to said Premises, and declaring that the provisions of this option are no longer applicable to' said Premises, and shall deliver a copy thereof to owner of said Premises . Said notice shall be recorded within • fifteen (15) days of City ' s decision not to exercise its option, but no later than sixty (60) days after City receives ' the notice of intent to sell. Upon recordation of said notice, the provisions of thjC option shall no longer be applicable to said Premises. • • The following transfers of title or any interest therein are not subject to the option provisions .ofthis deed; Transfers by gift, devise or inheritance to grantee' s spouse or issue; • -6- . transfers of title k5o spouse as part of divorce or dissolution proceedings; acquistion of title or intertest therein in con- junction with marriage; provided, however, that these covenants shall continue to run with the title to said Premises following 4 0-1 said transfers . The provisions set forth in this deed relating to City ' s option to Purchase shall terminate and become void automatically fifty 150) years following the date of recordation of this deed unless extended in writing for one additional fifty (50) year period at the option of the City and the same shall con- - : stitute covenants whibh shall run with the land and be binding upon grantee (p) and successors and assignee, and all parties having or acquiring any right, title or interest in or to any part of the property. Any attempt to transfer title or any interest therein in violation of these covenants shall be void. Grantee covenants to cause to be filed for record in the Office of the Recorder of the County of Santa Clara a request for a copy of any notice of default and of any notice of sale under any deed of trust or mortgage with .power of sale • encumbering said Unit pursuant to Section 2924 (b) of the Civil Code of the. State of California.. Such request shall specify that any such noticeeshall be mailed to the City Manager, City of Cupertino, 1000 Torre :Avenue, Cupertino, California 95014 . In the event grantee fails to give such notice to City, all surplus to which grantee may be entitled pursuant to Section 727 of the Code of Civil Procedure of the State of California shall be paid to City. If grantee gives proper'. • • • -7- ' notice; any' surplu5 to which grantee may be entitled pursuant to Code of Civil Procedure Section 727 shall be paid -as follows : x That portion of surplus (after payment of encurberances) , . UR if any, up to, but not to exceed, the net• amount that grantee would have received after payment of encumbrances under the formula set, forth above had City exercised its option to purchase the property on the date of the foreclosure sale, shall be paid to grantee on- the date of the foreclosure sale: the balance of surplus, if any, shall be paid to the• City. - . In the event that the Unit is destroyed and insurance • proceeds are distributed: to grantee instead of being used , to rebuild, or in the event of condemnation, if proceeds thereof are distributed to grantee, or in the event of termination of the condominium, liquidation of the association and distribution of the assets of the association 'to the members thereof, - including grantee, any surplus of proceeds so distributed remaining after payment of encumbrances on said Unit shall be distributed as follows : That portion of the surplus up to • but not to exceed the net amount that grantee would have received under the formula set forth above had City exercised its option to purchase tie property on the date of the destruction, condemnation evaluation date, • or liquidation, shall be distributed to grantee, and the balance of such surplus, if any, shall be • distributed to the City. • • • • - -8- . • 11997 ME 383 All notices required herein shall be sent to the following addresses : - City: Declarant Purchaser WOODSPRING, INC. City Manager A California Corporation • City of Cupertino -125 Willow Road 10300 Torre Avenue Menlo Park, CA 94025 . Cupertino, CA 95014 BY ACCEPTANCE of this deed, grantee accepts and agrees to be bound by the covenants contained herein. - - 7ns7 / 64 I Recorded at the request of FIDELITY RAIL TITLE CO. REC. FEE A OCT 2 1983 e.DDi. MICRO George A. Mann, Recorder LIEN NOT Santa Clara County, Official Records SNIPE - I H191 3G8 Rx • • AGREEMENT This AGREEMENT, made and entered into this 6th day of December , 1982, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter design- ated as CITY, and WOODSPRING CONDOMINIUMS, hereinafter .designated as DEVELOPER. WITNESSETH WHEREAS said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated Tract 7105, Cupertino California, hereinafter designated as the "Tract; " and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, said DEVELOPER desires to construct dwellings on the lots in said "Tract; " and WHEREAS, CITY hereby approves the improvement plans and spec- ifications prepared for the Tract by Brian, Kangas, Foulk and Associates, Incorporated a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino ; and WHEREAS, the same are incorporated herein by reference, the same as though set 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 PAGE 1 "Work. " ' • WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amount of bond, fees and deposit as set forth in the following schedule. SCHEDULE OF BONDS, FEES AND DEPOSITS Part A. Faithful Performance Bond: On-Site - One Hundred Ten Thousand Dollars $110, 000 .00 Off-Site - Twelve Thousand Dollars 12, 000 .00 Part B. Labor and Material Bond : On-Site - One Hundred Ten Thousand Dollars $110, 000 . 00 Off-Site - Twelve Thousand Dollars 12, 000 . 00 Part C. Checking and Inspection Fee: On-Site - Five Thousand Five Hundred Dollars $ 5, 500 . 00 Off-Site - Six Hundred and no/100 Dollars 600 .00 Part D. Indirect City Expenses: On-Site - Eight Hundred Twenty-Five and no/100 Dollars $ 825 . 00 Off-Site - Ninety and no/100 Dollars 90 . 00 Part E. Map Filing Fee: One Hundred Two and no/100 Dollars $ 102. 00 Part F. Development Maintenance Deposit: Two Hundred Sixty-Five and no/100 Dollars $ 265. 00 Part G. Storm Drainage Fee: Two Thousand Four Hundred Fifteen and no/100 Dollars $ 2, 415. 00 Part H. One Year Power Cost: Seventy-Two and no/100 Dollars $ 72. 00 • Part I. Street Trees : By Developer Part J. Park Fees : One Hundred Two Thousand One Hundred Fourteen Dollars $102,114. 00 (Six B.M.R. ' s) Part K. Water Main Extension Deposit: N/A Part L. Traffic Signal Fee Eight Thousand Four Hundred Dollars $ 8, 400. 00 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: PAGE 2 . 1. -INSTALLATION OF WORK It is agreed that in consideration of the approval of said map and the acceptance on behalf of the public of the courts, drives and roads offered for dedication, (a) The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of the this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole op- tion, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER' s surety or both. (b) The 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 performed under the in- spection and with the approval of the City Engineer. The Work shall be done in accordance with existing ordinances and resolutions of the City of Cupertino, 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, spec- ification, plans, sizes, lines and grades as set forth. (c) It is further ' agreed that the Work shall be done in ac- PAGE 3 Cordance 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 Department of Transportation" 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 of Cupertino and/or the Cupertino Sanitary District, the specifications of the City of Cupertino and/or the Cu- pertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. - 2. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of City of Cupertino by obtaining an ex- cavation 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. 3 . QUITCLAIM DEED - UNDERGROUND WATER RIGHTS It is further agreed that DEVELOPER shall quitclaim all his rights and interests in, and shall grant to CITY authorization to PAGE 4 extract water from the underground strata lying beneath said Tract and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 4. BONDS It is further agreed that prior to, or concurrent with, the ex- ecution of this AGREEMENT, the DEVELOPER shall execute and deliver to the City Engineer a faithful performance bond running to the CITY, as obligee, and a labor and material bond running to the CITY and to all contractors, subcontractors, laborers, material, men and other persons referred to in Chapter 2, Title 4, Part 3 of the Code of Civil Procedure of the State of California, as obligees, said performance and labor and materials bonds shall each be in the amount as estab- lished in the Schedule of Bonds, Fees, and Deposit as set forth herein at Page 2 (Parts A and B) and shall conform with the provisions of Resolution 1591 of the City Council of Cupertino. Said bonds shall be in a form acceptable to the City Engineer and shall be approved by him prior to or concurrent with the execution of this agreement by the CITY. 5. 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 Tract, and that DEVELOPER shall have de- posited 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 PAGE 5 City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof 6 . INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expenses allocable to processing this improvement, the amount as set forth herein at Page 2 (Part D) 7 . 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 E) . 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 de- velopment maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. , 9 . STORM DRAINAGE FEE PAGE 6 . 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 es- tablished in Resolution 4422, March 21, 1977 in the amount as set forth herein at Page 2, (Part G) . 10 . ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to the CITY, _ prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part H) , which amount represents the power cost for street lights for one year. 11. INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. 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 required 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 (a) for a period of one (1) year after acceptance of the Work by the PAGE 7 City Council of the City of Cupertino, or (b) until all deficiencies in the Work are corrected to conform to the Plans and the CITY stan- dards and specifications for the Work, whichever is the later to oc- cur. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cuper- tino, and to the entire satisfaction of said CITY all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 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 Tract and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph No. 13 above, have been filed. 15 . BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603 , Article 8 , Chapter 2 of the Business and Professions Code, pertaining to special assessments or bonds, have ben complied with. 16 . CENTRAL FIRE DISTRICT PAGE 8 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 Tract 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 - P. G. AND E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the in- stallation of electric power for street lighting at the earliest date possible 18 . P. G. AND E. AND P. T. and T. 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 Tract 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 DEVELOPER at his own expense. It is provided, however, that in the event eminent domain PAGE 9 proceedings are reqdired 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 legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with CITY. PAGE 10 • • 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 completion of the maintenance of the Work as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or li- ability, 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 or the Work called for or required to be done hereunder, a policy of in- surance naming 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 • Page 11 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 damaged $50 , 000 on account of any one occurrence with an aggregate limit of not less than $200 ,000 . (b) The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this 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 cov- erage without giving the City Engineer at least ten (10 ) days advance notice thereof. (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 of Cupertino shall equally apply to municipality and political subdivision. 22. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the City those Page 12 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. 22A. TRAFFIC SIGNAL FEE The DEVELOPER shall comply with condition #24, Resolution 2128 requiring the DEVELOPER to contribute his benefit share toward the construction of a traffic signal at the main entrance to the Development. As of the date of this agreement the benefit is twelve percent (12 % ) and has -an estimated value as shown on Part L, Page 2 herein. The DEVELOPER shall deposit with the CITY a cash amount as shown in Part L, Page 2 herein for a period of five years. If, after that period, a traffic signal is not warranted, the CITY will return the amount shown plus seven percent (7% ) . If additional monies are required to fund the traffic signal , then the DEVELOPER shall provide the funds within ten (10 ) days notice from the CITY. 23 . TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract, shall bind the heirs, successors, administrators, or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. Page 13 IN WITNESS WHEREOF, said CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly 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 CUPERT-INO Approved as to form: Mayor: `�(firl, r1. . 991Dir /, 77;t4 City Attorney: City Clerk: DEVELOPER: Pr Notary Acknowledgment Required. By: j-/ 0,40K �. Preside - • vB' s7 . ice Pre ide e Page 14 STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) • On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared 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 Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT • STATE OF CALIFORNIA ) - ) ss. COUNTY OF ki}liTtg1 ) San Mateo On September 29 , 19 82 , before me, the undersigned, a Notary Public in and for the said State, personally appeared Gerald C . Johnson and Duncan L. Matteson known to me President and to be the Vice President, respectimely, of Woodspring, Incthe 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. 74::: -‘22--)0(b/27 ) X};XXXXXXxxxxxxXXXXXXXXXXIal 9 Notary Public .n a� nd for the County { OFFICIAL SEAL of Santa Clara State of California •l, i'- VICKI LYNN GILMAN ! ' NOTARY PUBLIC-CALIFORNIA y: Cm" SAN MA 20 COUNTY }' My Commission Expires February 1, 1963 Ii0CXXXXXXXXXXXXXXXXX70:XXXXXXXX.t 1 STATE OF CALIFORNIA COUNTY OF SA13 MATFO } ss: On this day of SEPTEMBER 19 82 ,before me f, GAIL L. HIGGINS ,a Notary Public in and for the said County of SAN MA1 EU State of CALIFORNIA ,residing therein,duly commissioned and sworn, • , personally appeared G. F. GERBING, JR. known to me to be the Attorney-in-Fact of INDEMNITY COMPANY of CALIFORNIA the corporation that executed the within instrument,and acknowledged to me that he sub- scribed the name of INDEMNITY COMPANY of CALIFORNIA thereto and his own name as Attorney-in-Fact. 0::%,, OFFICIAL SEAL Notary Public in and for the County°SAN MATEO ` GAIL L. HIGGINS ,State of CALIFORNIA ley e NOTARY PUBLIC-CALIFORNIA ���/1�' Icy Principal Office in SAN MATED County /O a/�i (/ v „o,,, My Commission Expires Nov.5, 1982 - ICC 30. --- •' •' a '^vr-v'ry STATE OF CALIFORNIA 1 44. On thLs ze d y a6 , .Ln the. COUNTY OF SANTA CLARA ) yecvc . 6 ne T ou4and .cne un. e• an.. • . be6one me ice_ r. ,, - �. a •oPcvcy Pu. c 4. an.%bon t Le County 06 Santa Clwca State o4 CaLL6annLa, ne.sidLng .therein, duly commis- atoned an. awonnpens naL&y appewted - „I /�cesk <x— pe on.o/ y known to me. ( n proved to me on the bab.i,e 06 4atto6aatony evidence 1 (Li.cense No. /no 7.06440 ) 5 NDCO cDce GI.961 vsN9L'et t to be the pe� on whose name is 4ubacJctbed to be '.the ✓ OFFICIAL SEAL g person wiwae name AA aubaen.ibed to thif Lna.trument, and __ ,�,.• 7 Lucille Campagna-Blaise g -acknowledged that _he executed 2t. -� n s-}' ; NOTARY PUBLIC-CALIFORNIA ` 'y ,* SANTA CLARA COUNTY - / My Commission Expires Dec.10,1984i ,tri - ' ws- _,414,ii O :04 0Cm:.crvc�cacY.96-$.9macrav1s0:Qa: any Pub' c, S ,. e 6 CaP.%6onn.%a My comm.i sa.ion expaea ,,,/ e • io , /1,77E-- Section 7fSec ion 1189, Acknowledgement, Amended BOND NO. 633096P PREMIUM; $1980. 00 • • SUBDIVISION IMPROVEMENT PERFORMANCE BOND (GOVERNMENT CODE SECTION 66499.1 ) Whereas, the CITY OF CUPERTINO , State of "alifornia, and WOODSPRING, INC. thereinafter designated as "principal") have entered into an agreement whereby' nrincinal agrees to install and complete certain designated public improvements, which said agreement, 'dated , 19 - , and identified as Public Imnrovement Proceeding No. (commonly referred to as ON-SITE IMPROVEMENTS, TRACT NO. 7105 is hereby referred to and made a Dart hereof; and Whereas , said nrincinal is required under the terms of said agreement to . furnish a bond for the faithful performance of said agreement. Now, therefore, we the Principal and INDEMNITY COMPANY OF CALIFORNIA , as corporate surety, are held and firmly hound unto the CITY , in the penal sum of ONE 3JNDRED TEN THOUSAND AND NO/100 dollars S 110 000. 00--) lawful money of the United States , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. • The condition of this obligation is such that if the above bounded principal , his or its heirs, executors, administrators, successors or assigns , shall in all things stand to and abide by, and well and truly keen and perform the covenants, • conditions and Provisions in the said agreement and any alteration thereof made as herein provided, on his or their Part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY , its officers , agents and emnloyees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face &mount snecified therefor, there shall be included costs and reasonable expense and fees , including reasonable attorney's fees , incurred by City in successf..1.;1 enforcing such obligation, all to be taxed as costs and included in any judgmenc rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the plans and specifications accompanying the same shall in_ ar._ywisr affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration o: addition to the terms of the egreeme- t ' or to the work or to the snecifications. . -. _ - In witness whereof, this instrument has been duly executed by the principal and surety above named, on SEPTEMBER 13 , 1982 . W00DSPRING INC . BY: _maf/ / r • - - 'rincipal INDEMNITY a pe>:_L 'IRYIA B ` Y: I sr �— • G. G Ne , pwirety ATTORNEY-IN-F' t airA • • • • f • • SIAIL OF CALIFORNIA I 44 On ,thio /�' day of � r ��« in the COUNTY OF SANTA CLARA 1 yeah o , One Tho !nd Nine Nundhed and py besohe m' no.tahy Pu '< �%an�.60� e County o, Santa C'aha State o4 Ca;LL6ohn,ia, heALd.ng them-in, duty comm-t6- . 4.ioned a n 4wohn, pehsonarl appeahed J peMona?Ey known to (o to me on the bah,ia oh 4ati54aatohy evidence 1 (Licen4e No. /.1o7 44or' ) sccc3cc eomccecoceccococecc9cc96,(9c!ol to be the pehson who4e name .iA 4ub4CXeZ ed to be.the G OFFICIAL SEAL g peh4on who4e name .i4 4ubhcLtbed to this inAthument, and. 2 Lucille Campagna-Blaine g acknowledged that he executed At. • .- NOTARY PUBLIC-CALIFORNIA — — 2 SANTA CLARA COUNTY / 2 My Commission Expires Dec.10,1984 A • _ //u�fi • • !YJG1Jfr:w:�GX7G.•7GT7GT7GT2b1:7GY9Gx7GT7Gr'S Prot!. •U! ' C, at'/o, , loam My eommi s4 ion expihea �� , io , /�`� Src.tian r189, Acknowledgement, Amended . STATE OF CALIFORNIA COUNTY OF } ss: SAN MATOn this day of SEPTEMBER 19 82 ,before me r GAIL L. HIGGINS ,a Notary Public in and for the said County of SAN MATEO State of CALIFORNIA , residing therein,duly commissioned and sworn, personally appeared G. F. GLRBING, AR. known to me to be the Attorney-in-Fact of INDEMNITY COMPANY of CALIFORNIA the corporation that executed the within instrument,and acknowledged to me that he sub- scribed the name of INDEMNITY COMPANY of CALIFORNIA thereto and his own name as Attorney-in-Fact. ' — - - SAN MATEO OFFICIAL SEAL • Notary Public in and for the County of 3,� •,>'=� GAIL L. HIGCGINS ,State of CALIFORNIA f �^ �4 ' NOTARY PUBLIC-CALIFORNIA t ` IL ? Principal Office in SAN MATEO County ' My Commission Expires Nov.5.1982 /f i 1941 .fib ICC 364(3/81)' v r ." 4.- vv .. •. v , •. �+ • BOND NO. 633096P PREMIUM FOR THIS BOND IS INCLUDED IN THE PREMIUM FOR THE BOND GUARANTEEING PERFORM- ANCE OF THE CONTRACT COVERED SUBDIVISION IMPROVEMENT THEREUNDER. PAYMENT BOND (GOVERNMENT CODE, SECTION 66499.2) Whereas , the CITY OF CUPERTINO , State of California, and WOODSPRING, INC. (hereinafter designated as "principal" ) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as Public Improvement Proceeding No. , (commonly referred to as ON-SITE IMPROVEMENTS , TRACT NO. 7105 is hereby referred to and made a part hereof; and Whereas, under the terms of said agreement, principal is required before entering unon the performance of the work, to file a good and sufficient payment bond with the CITY ' to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the CITY and all contractors, subcontractors , laborers , materialmen and other persons employed in the nerformance of the aforesaid agreement and referred to in the aforesaid Code of civil Procedure in the sum of ONE HUNDRED TEN THOUSAND AND NO/100- dollars (S 110, 000. 001, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees , including reasonable attorney's fees , incurred by CITY in successfully enforcing such obligation, to be awarded and fixed by the court, and to he taxed as costs and to be included in the judgment therein rendered. It is hereby exnressiv stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought unon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall he and remain in full force and effect. The surety hereby stinulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the plans and snecifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. - In witness whereof, this instrumer: has been duly executed by the nrinri_•-Y and surety above named, on SEPTEMBER 13 , 1982 WOODSPRING, INC . bY: - C rincipa ' 0, Uk .A111MKW4' PAT ' Z . • _ BY: r G. '.7 ��Y1 4! Surety ATTORNEY-I] -" C %� INDEMNITY COMPANY OF CALIFORNIA 'C Administrative Offices: 820 North Parton Street N° 3 5 8 6 SANTA ANA, CALIFORNIA 92701 - POWER OF ATTORNEY KNOW ALL MEN gY THESE PRESENTS, that Indemnity Company of California, does hereby make, constitute and appoint G.F. Gerbing,Jr., its true and lawful Attorney(s)-in-Fact,to make, execute, seal and deliver for and on Its behalf as surety, all bonds or under- takings but not to exceed Two Hundred Fifty Thousand Dollars ($250,000) any one bond or undertaking if executed before June 30, 1984; and to bind INDEMNITY COMPANY OF CALIFORNIA thereby and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed and sealed by fasclmlle under and by the authority of the following Resolution adopted by the Board of Directors of INDEMNITY COMPANY OF CALIFORNIA at a meeting duly called and held on the 16th day of August, 1976. "RESOLVED, that the Chairman of-the Board, the President, any Vice President of the Company, be, and that each or any of them hereby Is authorized to execute Powers of Attorney qualifying the attorney named In the given Power of Attorney to execute In behalf of IMDENMITY COMPANY OF CALIFORNIA, bonds, undertakings and all contracts of suretyship; and that any Secretary, or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. "FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attor- ney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, INDEMNITY COMPANY OF CALIFORNIA has caused its official seal to be hereunto affixed, and these presents to be signed by its President or by one of its Vice Presidents and attested by Its Secretary or by one of Its Assistant Secretaries this 16th Day of August, 1976. INDEMNITY COMPANY OF CALIFORNIA - ATTEST: C-6-1--v-r,,x7Y)-1-A---2-` �S ey Jerome J.Sweeney Secretary J.F.Bowley President STATE OF CALIFORNIA - ) Lji-iP aR. ;• ) nCr.y e :r COUNTY OF LOS ANGELES ) •4, ; ;o%"."; On this 1st Day of February, 1982, personally came before me, J.F. Bowley, President, and Jerome J. Sweeney, Secre- tary, to me known to be the Individuals and officers of INDEMNITY COMPANY OF CALIFORNIA, who executed the above instrument, and they each acknowledge the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above Instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. OFFICIAL SEAL 'F.,., SUSAN M. SCHERWERTS IIFFez..�]1 NOTARY PUBLIC-CALIFORNIA ; c3 C�V\� '�°,n 174, PRINCIPAL OFFICE IN �J �� ��'�`��'����+++VWW] _�l �=_%%� ORANGE COUNTY .MY COMMISSION EXPIRES APRIL 71985 Notary Public Susan M. Scherwerts STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) CERTIFICATE I, the undersigned, assistant secretary of INDEMNITY COMPANY OF CALIFORNIA, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the pro- visions of the Resolutions of the Executive Committee of the Board of Directors set forth In the Power of Attorney, are now In force. Signed and sealed In the City of Santa Ana, California, this 13 day of SEPTEMBER , 19 82- `',rnp erroro�'''r`- ' \ ICC-2 Rev. 211182 """""""''•• James E. Mary Assistant Secretary SIAIL OF CALIFORNIA 1 hh. On .this /77�day og f sane- , in .the. COUNTY OF SANTA CLARA ) yearkog ;ne Thouha Nine Hundred and p,— begone me. - if : - y Pu' <e .tn a I go• .t e. County o, Santa Clan& State o CatLgonn.ia, 4e/siding ..therein, duty comm.iJs- h.ioned ani hwonn, peh-sonaCey appeared /. pemon t' 'y flown .to me. on'pnove, to me on t e. •ah.o a 1 batingactory evidence 1 (Lieeitise No. zit o7.,/-d4464.4- ) i S'ApcecL9MGx2c9cecDtet.cacC"'(966c96'et to be the erhon Whose name .is hubherc d to be .the G OFFICIAL SEAL g pendon whose name -LA hubhau:bed .to -thus .insthument, and Lucille Campagna-Blaise i; .. . NOTARY PUBLIC-CALIFORNIA y — acknowledged that he executed At. • • 2 SANTA CLARA COUNTY _ / " 2 My Commission Expires Dec.10,1984 dirt,• y'u. ' c, -St. 4 o, CaZi.gonn.ia My commission expihea . ion /1J� Section 1189, Acknowledgement, Amended , STATE OF CALIFORNIA COUNTY OF SAN MATFQn 1. ss: ' On this 13 day of SEPTEMBER 79 82 ,before me GAIL L HIGGINS ,a Notary Public in and for the said County of SAN MATEO State of CALIFORNIA , residing therein,duly commissioned and sworn, personally appeared G F GERBING, JR. known to me to be the Attorney-in-Fact of INDEMNITY COMPANY of CALIFORNIA the corporation that executed the within instrument,and acknowledged to me that he sub- scribed the name of INDEMNITY COMPANY of CALIFORNIA thereto and his own name as Attorney-in-Fact. SAN MATEO Notary Public in and for the County of O OFFICIAL SEAL ,State of CALIFORNIA GAIL L. HIGGINS NOTAmm PUBEC-CALIFORNIA r Principal Office in SAN MATEO County t My Commission Expires Nov.5,1982 • BOND NO. 633097P PREMIUM; $216. 00 d • SUBDIVISION IMPROVEMENT PERFORMANCE BOND • (GOVERNMENT CODE SECTION 66499.1 ) Whereas, the CTTY OF CTTPERTIWO , State of California, and WOOT$PRTNG INC . (hereinafter designated as principal ) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as Public Improvement Proceeding No. . (commonly referred to as OFF-SITE IMPROVEMENTS, TRACE- NO . /lUS is hereby referred to and made a part hereof; and Whereas, said principal is required under the terms of said agreement to . furnish a bond for the faithful performance of said agreement. Now, therefore, we the principal and INDEMNITY COMPANY OF CALIFORNIA , as corporate surety, are held and firmly hound unto the CITY , in the penal sum of TWELVE THOUSAND AND NO/100 dollars (S 12, 000. 00---) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal , his or, its heirs, executors, administrators, successors or assigns , shall in all things stand to and abide by, and well and truly keen and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as herein provided, on his or their hart, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY , its officers , agents and emnloyees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 4s a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgme•^t "endered. .The surety hereby stipulates and agrees that no change, extension of : uc , alteration or addition to the terms of the agreement or to the work to be performed thereunder or the plans and specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications . In witness whereof, this instrument has been duly executed by the principal and surety above named, on SEPTEMBER 13, 1982 ' r WOODSPRING, INC.. BY: / Principal - TY y INDEMNIl20 . FORTA BY: G. ' " I ! �'ITmawet y . • ATTORNEY IN. • SIAIL OF CALIFORNIA I 4h On tkis / y h C� �� day o in the COUNTY OF SANTA CLARA ) years ob ne Thowsavy¢, Nine Nundned and ,C,--- besane • me ��/�� '�'�j�sem— - yJg�.� , y Pubtic i.n�ilta 6oL the County o6 Santa Claim State o{ Cati6o4n,ia, nm-.ding thenei,n, duty eommLo- -; 4ioned and uonn, peJuonatty ppeaned pekuon y known to me (on proved to me on the basis o4 zatiz4actoky evidence ) (Lieenbe No. A/e'7 '�es4 ) to be the peluon whom. name .is zubacT.E.d to be the cemcom pennon whoae name .is 4ab4cA-Lbed to this int .ument, and G *OFFICIAL SEAL acknowledged that _he executed Lt. i l�1 =. Lucille Campagna-8laise g z.icb • NOTARY PUBUG-CALIFOI:NIA / / o,�� �` SANTA CLARA.COUNTY 'i` K� —to J G My Commission Expires Dec. 10,1984 • any Pu. ' c, Stat✓o i ' ionn,Ca 413.31:9G)a0Q6)Q0mamaG OQGIQGMmaGa m:: My Comntts4.i.on exp.ilceb , ce . is /f irfr4 SectLon 1189, Acknowledgement, Amended . I STATE OF CALIFORNIA COUNTY OF SAMATEO } ss: "14 On this day of SEPTEMBER 19 82 ,before me GAIL L. HIGGINS ,a Notary Public in and for the said ` County of SAN MATEO State of CALIFORNIA , residing therein,duly commissioned and sworn, personally appeared G. F. GERBING, JR. known to me to be the Attorney-in-Fact of INDEMNITY COMPANY of CALIFORNIA the corporation that executed the within instrument,and acknowledged to me that he sub- scribed the name of INDEMNITY COMPANY of CALIFORNIA thereto and his own name as Attorney-in-Fact. SAN MATEO { OFFICIAL SEAL Notary Public in and for the County of <C a,•.`. ,State of CALIFORNIA b, GAIL L. kIGGINS . NOTARY PUBLIC-CALIFORNIA? PrincipalOfficeinSANMATED CountyI,„.: My Commission Expires Nov.5,7982 Pylr CC 3 BOND NO. 633097P PREMIUM FOR THIS BOND IS INCLUDED IN THE PREMIUM FOR THE BOND GUARANTEEING PERFORM- ANCE OF THE CONTRACT COVERED • SUBDIVISION' IMPROVEMENT THEREUNDER. PAYMENT BOND (GOVERNMENT CODE , SECTION 66499.2) Whereas, the CITY OF CUPERTINO , State of California, and ,OOISP'I G NC. (hereinafter designate. as principa " have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as Public Improvement Proceeding No. , (commonly referred to as OFF-SITE IMPROVEMENTS , TRACT NO. 7105 is hereby referred to and made a part hereof; and Whereas, under the terms of said agreement, principal is required before entering unon the performance of the work, to file a good and sufficient payment bond with the CITY to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. . Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the CITY and all contractors, subcontractors , laborers, materialmen and other persons emoloyed in the nerformance of the aforesaid agreement and referred to in the aforesaid Code of civil Procedure in the sum of TWELVE THOUSAND AND NO/100 dollars ($ 12 . 000. 00--) . for materials furnished or labor thereon of any kind, or for amounts due under the Unemnloyment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought unon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees , including reasonable attorney's fees, incurred by CITY in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included 4.71 the judgment therein rendered. It is hereby exnressly stipulated and agreed that this bond shall inurs to the benefit of any and all persons , companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought unon this bond. Should the condition of this bond be fully nerformed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stinulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the plans and snecifications accomnanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. - ` In witness whereof, this instrument has been duly executed by the Principal and surety above named, on SEPTEMBER 13 , 1982 WOODSPRING INC . BY: ,A0400/ � / rinci pal BY: � _ �� G. F. GER; ', JR _1.�l.• ATTORNEY-IN-F' CT !,re: ,• IC INDEMNITY COMPANY OF CALIFORNIA C Administrative Offices: 820 North Parton Street N° 3 5 8 7 SANTA ANA, CALIFORNIA 92701 • POWER OF ATTORNEY KNOW ALL MEN Er( THESE PRESENTS, that Indemnity Company of California, does hereby make, constitute and appoint G.F. Garbing,Jr., its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on Its behalf as surety, all bonds or under- takings but not to exceed Two Hundred Fifty Thousand Dollars ($250,000) any one bond or undertaking if executed before June 30, 1984; and to bind INDEMNITY COMPANY OF CALIFORNIA thereby and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.This Power of Attorney Is granted and Is signed and sealed by fascimlle under and by the authority of the following Resolution adopted by the Board of Directors of INDEMNITY COMPANY OF CALIFORNIA at a meeting duly called and held on the 16th day of August, 1976. "RESOLVED, that the Chairman of-the Board, the President, any Vice President of the Company, be, and that each or any of them hereby Is authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of IMDENMITY COMPANY OF CAUFORNIA, bonds, undertakings and all contracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby Is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. "FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attor- ney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it Is attached." In Witness Whereof, INDEMNITY COMPANY OF CALIFORNIA has caused Its official seal to be hereunto affixed, and these presents to be signed by its President or by one of its Vice Presidents and attested by its Secretary or by one of Its Assistant Secretaries this 16th Day of August, 1976. INDEMNITY COMPANY OF CALIFORNIA ATTEST: • th By Jerome J.Sweeney Secretary J.F.Bowley President Nr....., • STATE OF CALIFORNIA 51L `Ca' ) COUNTY OF LOS ANGELES ) .s" On this 1st Day of February, 1982, personally came before me, J.F. Bowley, President, and Jerome J. Sweeney, Secre- tary, to me known to be the Individuals and officers of INDEMNITY COMPANY OF CALIFORNIA, who executed the above Instrument, and they each acknowledge the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said Instrument by the authority of the board of directors of said corporation. OFFICIAL SEAL '� rP SUSAN M. SCHERWERTS I 'K•�1 NOTARY PUBLIC-CAUFORNIA t•:f':tY PRINCIPAL OFFICE IN �'�'� • CAS ;': ORANGE COUNTY _I MY COMMISSION EXPIRES APRIL 71985 Notary Public Susan M. Scherwerts STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) CERTIFICATE I, the undersigned, assistant secretary of INDEMNITY COMPANY OF CALIFORNIA, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the pro- visions of the Resolutions of the Executive Committee of the Board of Directors set forth in the Power of Attorney, are now In force. Signed and sealed In the City of Santa Ana, California, this 13 day of SEPTEMBER , 19 82 /15,i,""41.*:N q?\G1/4"••••• IVfiP �. ICC-2 Rev. 2/1/82 James E. Mary Assistant Secretary