83-008 Joseph P. Franco, Improvement Agreement; Improvement Agreement Homestead and Franco Court; Franco / Benzo Traffic Signal Reimbrusement Agreement, .. ... '.
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TRAFFIC SIGNAL REIMBURSEMENT AGREEMENT
This AGREEMENT made and entered into this ---cf..:-:':"=-~'-L.-#"",-~~',.L~ r /
by and between the CITY OF CUPERTINO, a municipal State
of California, hereinafter designated as CITY, and JOSEPH P. FRANCO AND
FLORENCE E. FRANCO. ALFRED E. HENZQ AND MADEI,YN BENZO
hereinafter deSignated as Developer.
WITNESSETH
~~EREAS, the Developer is securing a building' permit from CITY to
construct and maintain a commercial building hereinafter referred to as
Project and,
WHEREAS, conditions of approval for Project requires a financial
contribution to the traffic signal at Homestead Road and Franco Court.
The total share for Developer will be 55% of the traffic signal cost
as outlined in Exhibit A.
IffiEREAS, in order to expedite Proj ect. Developer has agreed to
construct and pay for the traffic signal at this time.
WHEREAS, Developer shall be reimbursed by properties as shown On
Exhibit B for 45% of the traffic signal costs when those properties
develop.
SUCCESSORS.
This AGRE~lliNT shall bind the heirs, administrators, executors,
successors, assigns and transferees of Developer. The assignment of
this AGREEMENT shall not be made without approval by the City Council
of the CITY.
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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 CUPERTINO
"&~;~
By 4Z-fI1~ C' Y Clerk
Approved as to form: DEVELOPER
Notary Acknowledgement Required
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DEVELOPMENT
FRANCO:
P.W. Market
SSH Green Stamp
REI
Future
VIDOVICH:
Condo
Mini Storage
FORGE:
Condo
(
TRAFFIC SIGNAL
FRANCO COURT & HOMESTEAD ROAD
TRIPS EfS1'IMIIT£D
j::OMM( 25%) • . % OF SHARE OF , SQ. FT. MINI(100%) TOTAL SIGNAL
OR UNITS TRIP RATE RES (100%) TRIPS COST
31,538 SF 88.1 832
10,120 SF' I 224
20,000 SF 1000 SF 443 36.17-$33,030.00
33,728 SF 148 18.3% $16,410.00
96 Units 7/D.U. 672
69,550 SF 2.8/1000 SF 195 21.2% $19,080.00
139 Units 1/D.U. 911 23.8% $21.420.00
TOTAL 4,085 100 % $90,000.00
EXHIBIT A
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STATE OF CALIFORNIA ) SSe
COUNTY OF SANTA CLARA )
On this 26th day of October , 1988, before me,
Noreene J. Golden , a Notary Public State of California,
duly commissioned and sworn, personally appeared
JOSEPH P. FRANCO, FLORENCE E. FRANCO, ALFRED E. BENZO and l>IADELYN
BENZO
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are
subscribed to the within instrument and acknowledged to me that
they executed same.
IN WITNESS WHEREOF, I have hereunto set my hand
Official Seal in the County of Santa Clara, the
and affixed my
da ,and year in I this Certificate first abov~tten.
-=~~~~~~~~ Nota~p'ubllC ,
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OFTHE CITY CLERK
October 21, 1988
Franco/Benzo Partnership
2277 Alum Rock Avenue
San Jose, CA 95116
IMPROVEMENT AGREEMENT -HOMESTEAD ROAD-FRANCO COURT
P.O. Box 580
Cupertino, Califotnia 95015
We are enclosing to you for your files one (1) copyof the Agreement
by and between the City of Cupertino and Joseph P. Franco and Florence
E. Franco, Alfred E. Benzo and Madelyn Benzo. which has been fully executed
by City Officials. along with one (1) copy of Resolution No. 7635, which
was enacted by the City Council of the City of Cupertino, at their regular
meeting of Monday, October 3, 1988.
~incer ly, / ~j'~ ,,".~ • .) --'--r--> JJ
DOROTHY CORt,ELIUS •
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
AGREEMENT
HOMESTEAD @ FRANCO COURT
'!his At:iIlEI!MENr made am entered into this _____ 3""rd"--____ day
f October o ____________ _ , 19~, l::Jy ani between the crrY: OF
a:JPERl'INO, a :municipal corporation of the state of california, hereinafter
designated as crrY:, and JOSEPH P. FRANCO AND FLORENCE E. FRANCO,
ALFRED E. BENZO AND MADELYN BENZO
hereinafter designated as DEVEIDPER.
WITNESSETH
WHERFAS, the DEVEIDPER has made application to the crrY: for a
~ ~"-----BUILDING PERMIT
to construct am :maintain a BUILDING PERMIT
hereinafter refen:l:ld to as "Project."
WHERFAS, crrY: he.rel::Jy appl:oves the illlpravement plans and specifications \
prepared for the Project l::Jy KIRKEBY & ASSOCIATES ;BARTON-ASCHMAN ASSOC. ;
a true copy of 'Which ilnprove:tl'l!l1t plans and specifications are on file in .
the office of the City Eo;ineer of Cllpert:ino; and
WHERFAS, the same are inco:t:porated herein l::Jy reference, the same as
though set out in fUll:
NeW, 'l11ERElitlRE, said ilt1provement plans am specifications shall be
hereinafter called the "Plans, II am the wrk to be done under the Plans
shall be cal 1 ed the ''Work.''
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WHEREAS, pursuant to the provisions of this 1IGREEMENT, the CI'l.'t hereby
established the amounts of Bonds, Fees, an:i Deposits as set forth. in the
fol.lcMing schedule:
SCHEroIE OF :ooNDS, FEES AND DEroSITS
street Improvement categOJ:Y:
PARI' A. Faithful Perfonnance Bond:
EIGHTY-NINE THOUSAND FOUR HUNDRED EIGHTY AND 00/100 DOLLARS
PARI' B. Iabor an:i Material Bord:
EIGHTY-NINE THOUSAND FOUR HUNDRED EIGHTY AND 00/100 DOLLARS
PARI' C. Checld.nq an:i Inspection Fee:
FIVE THOUSAND THREE HUNDRED SIXTY EIGHT AND 00/100 DOLLARS
PARI'D. Indirect City Expenses:
EIGHT HUNDRED FIVE AND 32/100 DOLALRS
PARI' E; l:eIrelopment Maintenance Deposit:
FIVE HUNDRED AND 00/100 DOLLARS
PARI' F. Storm Drainage Fee:
SIX THOUSAND THIRTY FIVE AND DO/laO DOLLARS
PARI' G. one Year Pt'mer Cost:
THREE HUNDRED AND 00/100 DOLLARS
PARI' H. street Trees: By l:eIreloper ,
PARI' I. Map Checld.nq Fee:
PARI' J. Park Fee:
PARI' K. water Main Extension oepc!sit:
PARI' L. Maps atx3/or lII1provement Plans:
2
$ 89,480.00
$ 89.480.00
$ 5,368.80
$ 805.32
$ 500.00
$ 6,035.20
$ 300.00
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NOO, THEREFORE, rr IS HEREBY Ml1lUAI.J:..Y AGREED by and between the
parties hereto as follows, '10 wrr:
1. DEDICATION
A. ']be DEVELOPER offers to dedicate the real property shown on
Exhibit "A", which is attached hereto and rnacle a part hereof by reference.
said dedicated property shall be free and clear of all liens or
encumbrances except those which the CI'I'Y shall waive in writing. 'Ihe
DEVELOPER agrees not to revoke said offer of decH cation, and to keep said
offer open until the ern accepts offer by resolution.
B. Upon execution of this ~ the DEVELOPER agrees to
deliver a pn:lperly executed grant deed to the ern of the real property
described in Exhibit "A", and such other executed conveyances, or
instruments necessa:ry to corwey clear title as herein required. '!he
DEVELOPER shall provide, at the DEVELOPER'S sole cost and .expense, to the
City:
(1) A prelilninal:y title report issued by a title insurance
company relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance company and i.nsurin:J the ern in the SI.lIlI of: NJA, and
which shall show said property free and clear of all liens or
encumbrances ·except those as the ern shall expressly waive in
writing; said policy shall be fUmished at the tilne of acceptance
of dedication and recoroation of deed.
c. Upon the condition precedent that the DEVELOPER shall
perfOIIn each and £wery COI/enant and con:l.ition of this ~, the CI'I'Y
agrees to accept said real property offered for dedication.
2. JNSTALtATION OF WE{
It is further agreed that:
A. '!he DEVELOPER shall install and c::amplete the Work within one (1)
year fran the date of execution of this AGREEMENT, or such 10l'YJer period
as may be specifically authorized in writing by the City Engineer. In the
£went the DEVELOPER fails or refuses to c::amplete the Work within the
specified period of time, the CI'I'Y, at its sole option, shall be
authorized to c::amplete the work in whatever manner the ern shall decide.
In the £went the ern c::ampletes the work, the ern may reCCJIIer arrj and all
costs incurred thereby fram the DEVELOPER or the DEVELOPER I S surety or
both.
B. ']be DEVELOPER shall install and c::amplete the work in a good and
'IIlOrl:ma:nl.ike manner in accordance with the plans as apprcwed by the City
Enqineer of CUpertino. '!he work shall be done in acooroance with existing
ordinances and resolutions of the ern and in acooroance with all plans,
specifications, standards, sizes, lines, and grades apprcwed by the City
Engineer. ']be work shall be done in acoordance with all state and COUnty
statutes applicable hereto. ']be decision of the City Enqineer shall be
final as to whether arrj material or workmanship IleE!ts the standards,
specifications, plans, sizes, lines and grades as set forth.
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C. It is ~ agreed that the Work shall be done in accoJ:tlance
with the rrost current St.ardaJ:d Specifications of the Deparbne:nt of l?\ll:)l!c
Works, califomia Deparbne:nt of Transportation, state of Califo:rnia, am
in accordance with the specifications of the 0Jpertin0 Sanitary District
where applicable.
Wherever the woms "state" or "califo:rnia Division of Highways" are
mentioned in the state Specifications, it shall be considered as
referring to the C!!r'l of 0Jpertin0; also wherever the "Director" or
"Director of l?Ublic Works" is mentioned, it shall be considered as
referring to the City Engineer.
In case of conflict between· the state Specifications ani the
specifications of the C!!r'l an:Vor the 0Jpertin0 Sanitary District, the
specifications of the C!!r'l an:Vor the 0Jpertin0 Sanitary District shall
take precedence over ani be used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the DEIJEI.OPER shall comply with section
'lbree of Ol:dinans::e No. 130 of the C!!r'l by ol::Jt:a:inin;r an excavation permit
from the City Engineer before the ccnmnencement of arr.f excavation in, on,
or urxler the surface of arr.f existing public street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVEIDPER shall
notify the city En;1neer of the exact date ani time when the proposed
excavation is to cammence.
4. QUrI'C!lIIM DEED
It is further agreed that the DEVEIDPER, when rec;pested by the C!!r'l,
shall quitr:laim all his rights ani interests in, ani shall grant to C!!r'l
authorization to extract water from the unCe:I:groutxi strata lying beneath
said project ani DEIJEI.OPER agrees to execute a IlQuitclailn Deed ani
Authorization" in favor of C!!r'l, when present::a1 to him for signature.
5. B:lNIlS AND C1.IHER SEC:ORl'fi
A. Upon the execution of this ~, the DEIJEI.OPER shall file
with the C!!r'l a faithfUl perfcmnance I:lonl. to assure his fuJ.l ani faithfUl
perfcmnance of this ~. 'Ih\! penal sum of said faithfUl performance
bond shall be the fuJ.l cost of' arr.f payment to be made under this
AGRElH:NT, the value of arr.f lan::i agreed to be de:licated, ani arr.f
improvements to be made under this AGREEMENT. In the event that
imp:r:ovements are to be made urxler this ~, the DEVEIDPER shall, in
addition to said faithfUl perfomance, file with the C!!r'l a laloor ani
materials lxlni in a penal sum adequate to assure fuJ.l payment of all laloor
ani materials required to constt.uct said .i:mprovementa. '!he amount of said
lxlnis shall be as designated by the City Engineer. Said lxlnis shall be
executed by a surety 0"'J!IIf"UlY authorized to transact a surety business in
the state of Califo:rnia ani II1USt be appmved by the City Attorney as to
form ani by the City En;1neer as to sufficiency. In the event that the
DEVEI:OPER shall fail faithfuJ.ly to perform the covenants ani CXll'lditions of
this AGREEl>lENT, or to make arr.f payment, or arr.f de:lication of lam, or arr.f
in'provements herein required, the C!!r'l shall call on the surety to perform
this AGREEMENl' or otherwise in:iemnify the C!!r'l for the DEVEIDPER' S . failure
to so do.
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B. In lieu of a.surety bond, the DEVELOPER may elect to secure this'
AGREEMENl' l:1y depositinq with the CITY:
1. cash; or,
2. A cashier1s check, or a certified check payable to
the order of the city of cupert:ino; or,
3. A certificate of deposit, or instrument of credit :meeting
the requirements of Government COde Section 66499 (b) or
(e) •
C. '!he 8lI"Otll1t of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated l:1y the city Engineer, ani
shall be the e:pivalent to that which would have been re:pired had the
DEVELOPER fumished the CITY with a surety bond. In the event that the
DEVEIDPER shall fail faithfUlly to perfOJ:m the covenants ani corditions of
this AGREEMENT, or to make any payment, or any dedication of lani, or any
improvements herein re:pired, the CITY may apply the proceeds of said
security thereto.
D. No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except upon approval of the City C'cU!1cil.
E. No interest shall be paid on any security deposited with the
CITY.
6. CHECKING AND mSPECl'ION FEE
It is further agreed that DEVElOPER shall pay any ani all necessary
direct expenses for inspection, check:i.rlq, etc., .incurred l:1y CITY in
connection with said Project, ani that DEVElOPER shall have deposited with
CITY, prior to execution of this AGREEMENT, the 8lI"Otll1t as set forth herein
, at Page 2 (Part C). Should construction cost vary materially from. the
estimate from. which said sum is C<11culated, the city Engineer shall notify
DEVELOPER of any additional sum du~ ani ow.inq as a result thereof.
7. INDIRECr EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect: expense alloca:ble to processing
these improvements, the ano.mt as ii!6t forth herein at Page 2 (Part D).
a. MAP CiECKING FEE
It is further agreed that the DEVEIDPER shall deposit with CITY, prior
to execution of this AGREEMENT, for office check:i.rlq of final map ani
field checldn:J of street llDI11.Imel1ts, in compliance with Section 4:J. of
Ordinance No. 47 (Revised 12/04/61) of CITY, the ano.mt as set forth
herein at Page 2 (Part I).
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9. DEVEIDPMENT MAINTENANCE DEFa3IT
It is further agreed that the DEVEIDPER shall pay to the CITY, prior
to execution of this 1\GREEloIENl', the amount set forth herein at Page 2
(Part E) as a developrrent maintenance deposit to :insure proper dust
control ani cleanin;!' durin;; the construction period. '!he develop!l'el'lt
maintenance deposit may be utilized for repairs of defects ani
inq;lerfections arisin;; rut of or due to faulty workmanship and/or materials
appearin;; in said work durin;; the period until release of the fuq;lrcvement
bonds by the CITY. Should the DEVEIDPER ccmplete the required repairs to
the entire satisfaction of the CITY, the unused balance will be retumed
after the release of the ~rcvement bonds.
10. S'IOllM IlRAlNAGE FEE
It is further agreed that the DEVEIDPER shall deposit with the ~,
prior to execution of this AGREEMENT, a stom drainage chal:ge in
connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) •
11. WATER MAIN Elcr'ENSION DEFa3IT
'!he DEVEIDPER further agrees to deposit with the CITY those narles
required to comply with "Policy on Water Main EKtensions Work ani
Deposits" dated 9/30/77. '!he deposit shall be held by the CITY until said t
=nies are needed to ~lement ~ outlined by the Director of ."
Public Works or ~rcvements outlined within the adopted Water Master
Plan.
The amount shcMn herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR KlWER cmr
It is further agreed that the DEVEIDPER shall pay to CITY prior to
execution of this 1\GREEloIENl', the ancunt as set forth herein at Page 2
(Part G), which amcunt LepL sents the power cost for sLteet lights for one
year.
13. '!HE INSTAIIATION OF SlREEi' TREES
It is further agreed that the DEVEIDPER shall, at such tilre as deenEd
appropriate by the City ED;Jineer, plant street trees in confoLmance with
the standards of the City of cupertino. Variety of tree shall be selected
from the city apprcl7ed list.
14. PARK FEES
It is further agreed that the DEVEIDPER shall pay such fees and/or
dedicate such lani to the CITY, prior to execution, as is required within
"Park Dedication OLdinance" Number 602, 1972, ani which is further
stipulated umer Part J, Page 2 herein.
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14-A. PARK ~l:£ ADJu;;,'.L!'.IJ::.U.r l?ROVLSIONS
'!he value of the lani 1Jse:i in establishing the "Fark Fee" outlined
., l1eJ::ein on Page 2, Part· J, recp.ti:res fomal confirmation. '!he CITY
shall employ a qualified. loc:al appraiser to provide a marl<:et value of the
larxi. '!he city will calculate the "Park F~" :based on the appraisal. '!he
reveloper agre;s to pay for arrf deficiency"within t:hi:r:ty: (30) days ani the
city agrees to refund QIlerage within thirty (30) days. .l\djust:ments shall
be made prior to ao:::ept:.ance of the sulxl.ivision~.
15. w..mI'ENANCE OF In'U<
It is fiJrther agreed that the' DEVELOP£..'<. shall maintain the Work until
all deficiencies in the Work are correct.ea to conform to the. Plans ani the
city stan:lards arxi s;ecifications for the Work. '!he DEVElOPER shall, 1.lpOn
wri~...en potice thereof, iJmnediately repair or replace, without cost or
obligation to the.. City of o:;:e...>t:ino, arxi to the enti.re satisfaction of
said CITY, all defects ani :iJIq;:er:Eec;tions arisinq cut of or due to faulty
workmanship am;or mter:ials apt:earin; in said Work.
16. ~ DISTRIC'r
It is fiJl:ther agreed that the. DEVEIDPER shall file with CIT.l, 1.lpOn
execution of this ~,a letter frcm. the. 0J:pertin0 sanitaIy District
statin:J that the DEVElOPER has entered. into a saparate AGaEEMElI'l' with the.
said District to :i.nst:all sanitaIy se..rers to sa.."Ve all lots within said
Project arxi statin:J that a J::on::l. to insure full ani faithful perfo= of
the c:onst:ruc'"..ion 'of the. said sanitary sewe..'"S ani to insure mainte:r.ance of
said sanitary sewer in confonnance witl:l .. '!;he provisions as sat forth in
Paragraph 15 al::loIre has been filed.
17. GOVEllNMENl' mOE
It is further agreed that DEVEIOPER shall file with CIT.l, 1.lpOn
exeo.Ition of this AGREEMENT, suI::st:ant:ial ev:idence that all provisions of
Section 66493, Article 8, Chapter 4, of the. Gave:r::t1lllel'll COde, ~ to
specjal assessments or J:or.ds, have l:kn c:cmplied. with. . .
18. a::N'D:'t!\L:FJl'U!: DISllUcr
It is further agreed that the. DEVEIOPER shall file with the. CIT.l, 1.lpOn
execution of' this AGREEME!n', a letter frcm. the. Central Fim Protection
District of santa Clara County, stat.in:.;r that the DEVElOPER has entere:l.
into an AGREEMEN'l' with said District. to inst:ail fim hydrant:s to serve
said P.r:oject arxi statin; that all necessa:ty fees have been depcsite:l. with
said District to insure :i.nst:allation ani five (5). year rental fee of said . hydrants. .
•
It is further agreed that the DEVEIOP.ER shall pay to l?acl:fic Gas ani
Electric COmpany am;or to PAClJi'IC BEI:L Ct:npny arrf arxi all fees required
for installat;icn of QIlerlJead an:i/or ~ w:ir.inq c:b:t:uits to all
e1ectl:oliers within said ~ arxi arrf ani' all fees require:l. for'
~ as provided in Ordina:rlce No. 331 of CIT.l when DE.'VEl:OPER is
notified l:rf eithar the city Er.gineer or the. ··l?acl:fic Gas an:!. Elect:ril::
Ct:npny am;or PAClJi'IC BELI:. Ct:npny that said fees are clue ani payal:l1e.
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20. EASEMENTS AND RIGlfi'-OF-WAY
It is fw:1:her a.greEd that any easement ani right-of-way necesseu:y for
COlIq?letion of the Project shall be acquired by the DE.VEI.DPER at his awn
cost ani expense. It is pJXlVided, however, that in the event eminent
domain proceedings are :t:eq).lired by the CITll for the pm:pose of securin;J
said easement ani right-of-way, that the DEVEIDPER shall deposit with CITll
a sum covering" the reasonable market value of the land pl::oposeQ to be
taken ani to be included in said sum shall be a reasonable ~ for
severance damageS, if any. It is fw:1:her provided that in addition
thereto, such sums as may be requiJ:ed for legal fees ani costs, enq:i..neeri:rY:J, ani other incidental costs in such reasonable amounts as the
CITll 1!Iay require shall be deposited with the City of CUpertino.
21. HOm BA'RMJ:ESS
It is fw:1:her ag:t:eEd that, CClII1IlIeIlcln with the performance of the Work
by the DEVEIDPER or his c:ontractor ani continuing until the CXlIlIpletion of
the :ma:I.n.tenance of the Work, the DEVEIDPEa shall in'lemnify, hold harmless
ani deferil the CITll :frcm ani against any or all loss, cost, expense,
dalnage or liability, or claim thereof, occasioned by or .in any way
whatsoever arisin;J out of the perfor;nance or nonperfor;nance of the Work or
the negligence or willful. mi.scorduct of the DEVEIDPER or the DEVEIDPER 'S
agents, ell\Ployeee ani i.nc;Iependent coIluac!:ors.
22. INSURANCE
It is fw:1:her a.greEd that: ~ DEVEIDPER shall take out, or shall
require any contractor engaged to perfonn the Work to take out, ani
mintain at all times during the perfonnance ani :ma:I.n.tenance of the Work
cal 1 eO. for or :t:eq).lired to be done hereuIx1er, a p.:>licy of insurance naming
the CITll ani ~ of the City Council of the City of CUpertino,
individually ani ccllectively, ani the officers, agents ani ell\Ployees of
the City individually ani ccllectively, as insured. said separate p.:>licy
shall provide bodily .injury ani pl:operty damage coverage to the foreqoin;J
named CITll ani individuals coverin;J all the Work perfonned by ,for, or on
behalf of said DEVEIDPER. Both bodily injury ani property damage insurance
:must be on an ocourrence basis 1 ani ~ policy or p.:>licies shall provide
that the cover.age affordsd thm:eby shall. be primaJ:y coverage to the full
limit of liability stated .in tb.e declarations, ani if the city, its
members of the City CoI.lD::il :lmividually ani collectively, ani the
officers, agents, and employees of the CITl!', individually and
collectively, have other insurance against the loss CX'IIfel:'e:i by said p.:>licy
or p.:>licies, that other insurance shall be evress insurance only.
The insurance carrier shall provide proof of their ratings. All ratings
shall be a minimum of "Best A-7" in accordance with ABAG policies.
8
t ..
A. Each of said. policies of insurance shall provide coverage in the
following mi.nimum amounts: For lxxlily injw:y, $~OO,OOO each person;
$300,000 each cccur.rence, PLOpe;!.ty damage, $50,000 on acx:ount of any
one cccur.rence with an aggLegate ~imit of not ~ess than $200,000.
B. 'Ihe IlEVEI.OP.ER shall file with the City Engineer at or prior to
the time of execution of this AGRJmIllNr by the IlEVEI.OP.ER such evidence
of said foregoing poliCY or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement preclud.:i.rxI the cancellation or redJ.lction in
coverage without givhq the City Engineer at least ten (~O) days
ad.vanoe notice thereof.
C. In the event that the Project ClCM5l.1:ed. herein ehculd be lIlUtually
situated in or affect the area of jurisdiction of a separate
Il'IL1l'licipa1ty or political subdivision of the state of OUifornia, the
policies of insurance requjxeCl herein am above shall oo-nmre such
lI'I1ll'Iicipality or political subdivision am the provision set forth
herein am above for the protection of the CI'lY shall equally apply to
lI'I1ll'Iicipality am political subdivision.
23. MAPS ANti/OR IMPROV:EHENI' PIANS
It is further ~ that the CI'lY shall obtain the following map
an:J,Ior plans at the IlEVEI.OP.ER'S expense:
A.
B.
C.
A lI!Ylar sepia am seven (7) prints of fully executed. paLCel map.
A lI!Ylar sepia am ten (10) prints of fully executed il1Iprcvement
plans.
A direct dUpl!cathq silver negative microfilm aperatu:re card of
all executed. .inJpl:ovement ~ am map.
'!he DEVEIOPER agrees to pay the CI'lY frcml the development lNrlntenance
deposit the cost for all prints of \plans am map requi:red under Item 23.
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administ:rators, executors,
S' lOCeSsor, assignee am t:J::ansfer.r:eea of the Il!i.'IIEtOPii:. 'lhe assignment of
this AGRJmIllNr shall not be made fdthout ~ by the City Council of
the City of 0Jpertin0.
9
t
.'
SUBSCRIBING WITNESS
State of California
County of Santa Clara
On this thefi~ day of <::iJ!f':.k , l~ before
Clerk, City of Cupertino, ;frso;:;ally appeared
me, Dorothy Cornelius, City
~~~y~j~j[)~.~~~~a~~~e~K~£L,~2>~q+-______________________ (name of witness)
o
W
personally-known to me
proved to me on the oath/affirmation of a credible witness, whom I
know personally.
to be the person whose name is sUbscribed~o the within instrument as witness thereto,
.j and who swore or affirmed before me thate, (he/she) personally know~>"p£7?FI3iJ",cd
rl'olfEln.ae £, &';;;"110 mlRed.r; Hei1 .... ?J ~!m,Pyf s~er \lot appearing before me) to be /
the indi~idual ~hose name is subsc~ ed toY~it~i'h~rnstrument and witnessed that person
sign
'.' Dor
City
(Civil Code Section 1181)
contained,.
/
. \ '.
IN WITNESS WHI!:ROOF, CITY has caused its :nama to be he:reu.nto affixed by
its Mayor ani City Clerk, there.mto duly authorized by resolution of the
City COUncil ani said DEVELOPER has hereunto caused his :nama to be affixed
the day ani year first alxJVe written.
Approved as to fonn:
10
(Rev. 5/9/86)
.~, ~ERTIFIQ "fE OF INS'URANCE_
PRODUCER
E SERVICES o DSI INSURANC
ONE CALIFORN
SAN FRANCISC
IA STREET
0, CA 94111
INSURED ETS, INC. PW SUPERMARK
FRANCO/BENZO
2277 ALUM RO
SAN JOSE, CA
PARTNERSHIP
CK AVE
95116
THIS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFI5RS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CI5RTlFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGI5 AFFORDED BY THE POLICIES BELOW,
COMPANIES AFFORDING COVERAGE
COMPANY AALLIANZ INSURANCE CO. LETTER
COMPANY II LETTER PUBLiC WOK,,::j
COMPANY c LETTER SEP 22 1986
COMPANY D LETTER
COMPANY E LETTEA
COVERAGES --' •
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED DR MAY PERTAlN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI· TIONS OF SUCH POLICIES.
TYPE OF INSURANCE
I GENERAl LIABILITY
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON·OWNED AUTOS
GARAGE lIA1llllTY
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
POLICY NUMBER
CLP 100 1384
POLICY EFfEClTv'E DAlE {MM<rlillY'1'}
6/1/88
POLICY EXPlRAliON DA1E IM~AJDI'II1
6/1/89
ALL LIMITS IN THOUSANDS
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIRESTRICTIONSISPECIAL ITEMS .. -TIlE CITY AND MBMBERS OF TIlE CITI COUNCIL OF TIlE CITI OF CUPERTINO, INDIVIDUALLY A."Ill OJLLECTIVELY, 1I."Ill 111E OFFICERS,
ilGENTS AND l'ME'LOYEES OF TIlE CITI INDIVIDlflIILY AND o:lILECIIVELY ARE IW-IED lIS lIIJl)I'IDNAL INSURED lIS RESPECTS 20620
lDIES1E.'ill ROAD, CUPERTINO, CA (JOB 115123005)
CITY OF CUPERTINO
DEPARTMENT OF PUBLIC WORKS
10300 TORRE AVENUE-
CUPERTINO, CA 95014
ATTN: LANIA MULLER·.'
PIRATION DATE THEREOF, THE ISSUING CO~IPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIReATE HOLDER NAMEO TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE' NO OBLIGATION OR
ACORD.25-S'{111~5l . !O llAiACORO CORPORATION 19&5
"
cd
cd
) ; ,
;
I ;
,
"j,ji,.,iiill-ll:!.!g DSI INSURANCE SERVCE'E ____ _
MANAGEMENT , '
Compl .... mmneial ",,,wol ..... Scpt<m .... 10, 19'/6Jw t<Oi<Iod Mth
AllIom: of Amtrl"", !.w;., • hoidillJl «lmpanya!Uli.iite 01 Alli""", V(:tSi. ~A-O •• Mtmioh. Gotmany_ Tho U_ s..,.. bIIIitiJI¥_y ~ ilS in ....... It.., 11u: aroybo ... d,~tioxI. ~ Am.
I. 1m tlu:-""",punpoid its wh<>U,..-subsidlmy,AIj"" Ii •. -
wrI_I ........ Compimy '" it> par"". Th.AllIom: ~ Groupi' -",,,,,pri3cd 0/ Allirulz "",",,",co ~r.:!i""afIlI.iatos, Alli>nz~. ' "'te.Ino-oM Allirulz tru~ -Compun1," w<l1a1iw..
<OIIlpWon HI. in....".. CO<1lpuniO$, North """"*" Life &; c..a.Il)', I_ComJlWlY. Prdon:<6 Lif<, I...,.".. Compuny 01 N5 Yorj: • ..,d _ Fld<I1ty Uttion Life r...,.".., Compuny_ O,n. """1<1",,,,, basb 'the _ , tIInb ...... g the r..lIl:g<OIiDsv,.".. ~ , _
A<livirl<s ore _ted ,y _ F. __ • ~I_ond elIalr-
.... 01 Ill< _ Prior 'o ...... gm _, pasi_ Mr_ a-or . _ !hccompany'slnt.m>"QDlIl!1<J>;armlOlll __ .. _ 0Iii·
w __ tbe OOlIIpun1li11<l irs u1tlmalt pot""" AJliaDo..:vmicll<:ninll>-
AG. M-' Bc!..-. :iou!iDg _ IlmUmlte·Compuny In-!9'/9.-Mr_ ~ .... in eIuorp 01 _'s a<liYirl<s in Fran .... Italy. Bd8iUn> .. d I .... , Pwm 1%S to 1975.Mr_ ~ h<:aded tbe Ci<:nwm 1_·
""'" ~n·. c!<:paranm" of l~ af!aiu.
OIIkomc:llaitmoncf Ill ...... 4, ~t oM<lUet <=:1Iti .. _. iIOt.
ben 1'. H."....~cr. cIIl<I ~ olfU:l:t, ..we, v;.. pI<>iden1, ~ ",,<I _or. PiIul 0_ K!oduk; ..wet _ prtSidcnto. Ir""'" Il. -ear. (_ do:WritinsJ, 1/lhQ W_ Koek (claInts), J ...... a Kimsey (~tblg).
~Anthony M_ l'nmk, Her ..... F.~;Frc:d L-&rtlt!y.
W~ P.G_ Mullu. linn. lW!Iu. Da1llt! S. Topp1lll. Jr .. Harry ;IVdl.
OPI!J!A.TlONS _. _
FadIi .... .,. ,...;.t.a!nt'd for thehandlin~ of vinnaIIy-aIl propot1~ ""-"""'Y .01 ........... Ulldetwrltios' omivi ..... -h..-er. emp the barull'lI>g 01_ n..... pri.oci .... lly wor~ '"""~ p
mllial>ility, outo01Obilo, lit. _ allied ~.lIlInod 1IIIIrine;: """"' -...
IUId boil" oM maobin<ty ~Com~"" <OIl .......... wr!Uon'
on bot!> • ~r !"'d !",,,parti~ basi!, 'Ih!' rate of dillidmd .-eturu ,. bMcd on 1M .,.., OlId _ ..... of',the indlYi<lual ~ ,
AlI_tioxI of 111. mmn"," """dltioo .... _ "" of ~·')i.'
t98'by'" 1'-~.ofCallfo""".~y.~",~ N~, At! indcpe:ndont.udit of theo<nnpuny'saft\oirsfot the_ """" __ ~ by l'cot Marwlck Mitohdl.ii: Co. At! eva!lIoti()n,of ....
....... Ior unpaid losses _I.,.. ~t""l'ftl"'" was _ ""of r....
........ 3). 1980 by David G_ WaIlw !'CAS.
~ ()peratiolwThe =puny ... tetc:d Omlldain 1965wh<ll.l'cd-
..-al cmllico/l: of ret#fry "' ... -. O!fi<eo life "";'Iainc:d at 1 KiII& Street Ea:n. r""",,,,. OUt. ~ MSC l,u Uudorwrltiug!acilltL!s.,..
"";'1aIIlc:d lor the handling QI,aIl .'01 P'_ '" ~-."",
"""""i<>-Th. cl1lcf en ... I .. _I is DOvid MOr!:l1ll. The BmI.ln.-
pomd admirnx! ..... ' of oS8,44)'019 oM p<>lIoyboldm' i,urpIIIs 01
cS3.S115.SlS and ... pr""iurn wrid.lIgs 01 cSl.l%' 760 ... of Deomil!c;r 31.
198:1.
TmIlorr.1! is ~ In OC_aIl.-.1t is abo li<oDIlodin all provo _of~. .
. RIllNSURANCE
QU",IUbue, sUrplus slw<:lIIId .,..... of l ... t~"" """rtIo l"'l .... lio.lromlasses in_ol mo.OOOfot ~ _,$200,00010'''''''''' '
.narin< lIIId SSao,OOO lor .utomohll ... ~ liabilily oM ~' """"
•
_tioo. CoIll1it:<QPh. P'Ol«l~'OO of $1$.OOO.oooin = 01 $1.250.000 j,
'vniIoolo lot aJllill<'O of bu,;;"es>. La ad<Iilion.l.eu1toti .. 1..,;]11ioo ar. oJso
maintained
The larger .amounts l'¢OQvaable £rom rein$ureno were $.2S 591.2.99 (Alli ..
"'" A.G. Holding; Mwneb. W"'t ~y): $16,452,615 (Muaich Rein·
SIlIlmCC Comp3llY); and $4,152.959 (Nom Allleri= ReiJ>.u ....... Com·
pany). Tho tOltU amOunts. roo6vet4ble f:rom reins\Jters Wete-$~,m,~ on
pllldlo=, SS2.7So.1S1 o. unpoidl0ss0s. 520.267.43> 00 m~ bu, oot
reporled loSS<:! atld $34.229.795 0lI UMalIled pr<mi""",.
OPERATING COMMIi:NTS
Not underwriting P«'fon:n.aace.h.as itp,prQvcd oiler the hlsI five yClU'$ itom
.29.1 r, '" . \ M% o( =ed pr=ium. The combio«l ",,;0 fot fbis period
b", go~efr"", 12$.4% III 110.0% for a five)'l:O.l' ...... g. 01117,4%. B<lth W.
five ye:.u average re$U.llS and the C'\U1'I:':D't yQlt te:Jwts ;UI!: sligbUy rugber
WilD indUJ;try OOr:mJl. 'I"hlI<;, duI: 10 a biglw «l._,rad •• of aaouo!lY n ...
of busiDC::dS than rhe lddusttY.'lS a wbole. The oompaQ~) ~!abo Un.
prav«lI •• IlI 40.2% 10 23.7'/, duri.g Ihe same period. The lrighcr ""ponses
in prior yeats were Que bt part: to the comp;any's U.S • .sUPPOR of in~a~
clt.maI.""Olll1t> oIlmpcrtJ\llco to II> Mwnob -blll\td 0......,. Th<o< In<Iud.e
,.....; .. aDd dovdopmont o«d 01 heavy lodusltl' boiler atId tna<:lIicery and
buildm risk-
Policyboldm' ....... mcrCItWQ<+,5%.incey __ d 1!181 ... r .. ultof
t\<I ",v.,""eo, ;"00""" ....Jim! ",pita! g ...... and SIS mlllioo in .......
oontribodons. Th"", contribution, improved tho com"""y" 1"''''''11< of
ptemium$ .. d liAhili ... (W""'CAOd«lteins1l""' ... ) III ...rpl",. bu.e to lorgo in~ in wtittol ptemiums Oyet the past tWO' yC3n. Jcvt:l"38e ralios are
tactt::l1Slng. but they StUl.a:pproximat.e industry avtrBs=. Tbccontributitms as ...n as Setlmlol""lliom ..... procillcod • posi.r.e coW! Jlbw in _ ol
tlt.lan w .. y"""-In 1986, 10'11> of lbe """,pan)" • .-.. ....... in cash. wbi<J>~ indumy SWldard3.
SUMMARY OF OPERATIONS 1980 (!!lJil(I)
S_ of liI<ome """'" l'rotldtd Iro!o ~ Premiums _. • • • • ••• 1Il.1l'!Q Premiumo .. ~ "" , • 96.94S
LlI«I:! _ ........ 47.611 lmoe:ll"i4" ........ . lll.244 t.o.. "'Il< _ ,.... 16.:111) r.-_ pm ..... 9,SlQ
!./wI. tl]). """",<'I • ... 2:!.S12 U ....... ""'.I"i4..... 22.l'17 Oth<:< daluct. &: iM ... . m Oth<:< _ '" inc..... 91i4
0; •• "' pOlioyhldts...... W , Div.", ""IIoyIll<lr.l...... ;1511'
Nttllru!otmg.""",,,,, •. ·12.:3# 1'.-1t .... 11!II,Immg... l3,.l!l 1" .. _1 income ...... 17.49; /u''''''''''1 income ...... 12.SS'/
I ........ t ~ .... 1.0$2 lo ... _ "'_ ... . 1m'
1"", ... ..,., .......... Ii:!!! W:omc t.w:< ......... . ·1
Net Opaatma """""" • .. . 3.471 Fun,;s!tom opeou;looa .. , 35.036
"ll=blo"" • __ Wrium .... UillI_S ~. LoClllrld
~rn:s:s ~~ ~ "
Dir<¢I.. .. 141.616 16.:lIl6 llA !ialIuiOl........ .. .. 1.137 1.5 A»_ . z4.2U 3.102 15.2 TltW/. Ja.. . . . . . . . . 4..20 4., Ctrltrl.... 71.115 16,989 2l.~ All................ 1.0>1 8.5
No!. .... 94,6'10 :2.918 l.l To"" .. "".... . .. 19.$9<!. 2M
~ iD ~ Soql!us Clwlg< III i.-
Net oporaQo$ """'''', . ,.. )'411 fUll</> Itolll "1'CI!'1i603 ••• ~ 0lP. "..", .... _. 483 l!aIizJ>j .. p. pm! ... ""
IllllI3lWo:l .. p.""'" .... .548 U",coIizcd .. p. pinl .. ..
ClwIgo in ""'l<l-""-.. ... 137 Otba ~ ........ .. C!lanse ill poll>d"utp. .. 4.144 ClwIsei. Mid> ... _ .. ..
35.036
483
UNDERWIUTING =:ER.IllNCE
~ lb~ -'E.J.p htios--NPE P\u~ LoiI&.& Net ~ lQW, ',0(11 -ambo
y"" ($000) u.-LAB LAB c... lllp Etp Pol JUlio 1m os...,. 19J It! ro.2 M )1,) ..., Itj) In<
ISill S7.Wl ;1.6 1.lU 1M 10..l 28J 119 7.7 ,,1.4
I'" 61.816 l~1 17~ 7J.9 !,(I 16.1 11.1 7.7 IlS.7 I~S 66.&11 71.7 Il.~ M.l lO UJ ;a,u '.7 116.1
1'1116 19.0')0 60.2 1M 8Il.8 JJ 2M ll.7 ~6 11M
• Olmbiilr.tl. 101>&, Qpctl5C &:. ilividcod 10 pol1cyholdtts I'Qtio
'COMPARATIVE FINANCIAL liND OI'£MnNG riHIBlT
AU IIgnr., "",.pt ntiO$ in Ib_ ' '
..".,.----",.......nIlANClAl. (1.COO)f.,..:....,,----Oit~~ Nc:z Net: ToW POIiC)'4
Prc:miu.ma PlcmiWlJ Opn,tiuS A.amiW:d b..o!dm Bow's
Wnueu Wrinto ~ Al:t.t:f&' SW"ptus R.;CirJ8
Q.»' :;9.$6$ .1,900 l$O,.SOl 29.27S NA-J
tlM26 61.6'$ -1627 134.1'6 )1.11$ NNl =30 41.301 III 140,]6] 41.426 A
112,492 68.6$9 m !90.1JB Sl.712 A 141.516 94.690 1,';11 ~]&643 SS.SS7 A
-Lk!oidi!y T __
• J!lWlllt.
Net Or~~: mm~
-PtQfitabllilyTcstS---~aFT~'
NO! R,,,,,,, t-IPW ~bi.Qed to OIl to-
y"" Ron. NPa PAS PHS """' .. ~ Uqnj4i'1 L:)'ttii' "',
1912: J2U -0.6 -lo.Z loO 6.2 to-S!.l $.)-
1981 121.4 .6.3 10.4 1.9' S.2 1.8: 96.9 19..1
19$4 11'.7 0.2 J.l 1,4 1.. '.9 I~.l 1 ..
1985 11 •• 1 loS M 1.3 4..0 6..S Ur.O :u
1915 110.0 M M 1.7 SJJ 1.0 !tw .•
l~~ bt's Ad;u..tt4 l'tSU......... 1.2 12 ,.. 117.&
---l.o.s.I a"""", (SQQQ)l------l<>l$ a,..". T .. t>--'-'
Qc,ciQ~ Dcvciop-ProJc.;tcdi". ~l.Q ed.ro t4
PHS lnd Ava:" Rcycuwt. D~ -y"" R<port<d in '86
-1.7', '71,6 'lZ.e
:).0. 1*" 7&.1 1981 74.411 1M40 -1,.656
1911Z 11>.41$ SI,W 6.liZ4 ,
13.3 71t2 " ,IU ' 31.2 7U lto '
n.6 95,6 &i.l , 03.1 101.1"
t91l3 &1,400 ",,253 1,,'" 19$.1 7l~ Sl;m 2o.4~1
1985 10t,361 m.~ :w.ou
19116 ll~ II&.26S 46.969
+-
ALLIANZ UNDERWlUTERS lNSllRANCE COMPANY
~ WiIshltv lIouIemd ..
. I.D$ AIIgek:i, CaL !IQI)l8
MlIll Addressl P.O. lim< 5189'/ T"",," Aumos, LosAll~ Cal. ' 900st '
Tel, ll.'3-G5!105OO1l Tel.., .C1243 ~m#: ll261!! . AlIIMl: ~C<l (;nmp' .
ADMII'l.1ID ASSEl'S (!WOO)
o\vg. Yie!4 IU311!6 1211tl8S'.16$ UlIIIifiIiat«lm,.,tlllI::III$ c..b.t~""'L ... :1.7 :l1,9'?' 1',;\1$" 56.1 ' lloods ' . , ...• , • • • . • •• 11).5 11!.liS9 15.41$, 31;5 ~in_ .. ,...... JS5 293 0.7' T~ umll!l inv"~ 6.1 4Mil liJ89 :94:i . ~ lull4s •• _ • , _ • • l.61a 8.201 7.3'
0tI><r...... ............ -:!l1. ~ ....::.!2
Tow b!:ll<lllOOV •. _ , • • • • 4').829 ll,914 !oo.o.
LIABII.ITII'.S. SORPLl1S iii 0'I1¥.l1a nn'illS ($000)
IUIIIS6. 121J1183· '116% \.Imos."', ><I~! "". , •. , 19,1193 l8,1e;6, 39,9
~. t>.l<$, up. .. , . . 896 III 1.1, 1.1."""", p,,,,,;_ .... :.. 30m l"at, 6.6 ~_ ••.••.•. 4.5ll 4.191 ""9.1.
i\mOlll>t _ .... for .,.... ,.. 4%1l ' '1l2 /l.9
l\iyllb1, '" ailil.... . . . . . . . . 2,1711 0: '5.6.
Oth<:< Iillb1lblrs .' •• '..... !4 .3.4& 0.0 C.odillonal """"" fuods •••• • . , • 1.61)3 , M
To"" liabiIitiOl ("mu . . . . . . ~ ~. 63.i c.""" poid up • • • • • • • • • • 2.000 UIX) U AA<igol>! ,urpIu;l ••••••••• 1J.I1X)!.£IX), ~.l' u-iiJ>ud ,urpIu;l •••••••• , ... 983 . ~ ',.:.!Y '
Pnlli:yhdrit !.UtJ1. (sUllO • • • • • III.QI7' 9,486, 36.:1
Total .... ,......... ~ ~ Tcii:o"
INVES'l'MENT DATA .
% lliIIrilMi ... f Good< "l' M.oIuOI)' ,
1= '&,"J. 0-1 I.J )ol y~ 100llll-!O ."" ~:f
tIS Oove:mmcut, •• 9Q,J S9.7 \8,9 S7.~ U .1.8 ':
01""_.. 19 l~l .. ' .. , I~J ...... '" I
TOI.\I • ", '. 100.0 100.0 I8,S I7.l &1 Il.1 ... ."'"
l.or!(e SllIiIo I.' .. _ .... Al y .... "'0 I"" company b>d i1 Sl.97o.lSS,
(22% of.u:rplus)"" deposi' PtlheFir" 111""""'1<: 11 .... I..o.AIlgolt!s. CoIl' , lornm.
10300 Torre Avenue
Cupertino, California 95€n4
Telephone: (40B) 252·4505
OFFICE OF THE CITY CLERK
March 23, 1983
Mr. Joseph P. Franco
P. W. Supermarkets, Inc.
2277 Alum Rock Avenue
San Jose, California 95116
nlPROVEMENT AGREEMENT
(itlj of C"'pertioo
p.o. Sox 5110
Cupertino, California95015
We are enclosing to you for yo'ur files one (1) copy of the Agreement
by and between the City of Cupertino and Jospeh P. Franco, which has
been fully executed by City Officials, along with one (1) copy of
Resolution No. 6053, which was enacted by the City Council of the City
of Cupertino, at their regular meeting 'of Ma,rch 15, 1983.
Sincerely,
~~
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
A G R E E MEN T
This AGREEMENT made and entered into this 24th day' of
January 1983' by 'and betweien the CITY OF CUPERTINO, a
municipal corporation
designated as CITY, and
of the State
Joseph p, Franco
hereinafter designated as DEVELOPER.
of California,
W. I T N E SSE T H
hereinafter
WHEREAS, the DEVELOPER has made application to the CITY for a
release of deferred AGREEMENT, and is securing a building permit from
CITY to construct and maintain a
'.'referred to as "Project."
commercial development, hereinafter
WHEREAS, CITY hereby approves the improvement plans and specifi-
cations prepared for the project by Ruth and Going, Inc.; 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 "P.lans," 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 established the amounts of Bonds, Fees, and Deposits as set
forth in the following schedule:
P.age 1
" -'
SCHEDULE OF BONDS, FEES AND DEPOSITS
Improvement Category -N/A
PART A. Faithful Performance Bond:
Thirty-Four Thousand ~nd no/109. Dollars
PART B. Labor and Material Bond:
Thirty-Four Thousand and no/lOa Dollars
PART C. Checking and Inspection Fee:
One Thousand Seven Hundred and no/lOa Dollars
PART D. Indirect city Expenses:
Two Hundred Twenty-Five and no/lOa Dollars
PART E. Development Maintenance Deposit:
PART F. Storm Drainage Fee:
PART G. One Year Power Cost:
$34,000.00
$34,000.00
$ 1,700.00
$ 225.00
N/A'
N/A
N/A
~ ..
, 'PART H. Street Trees: N/A
PART 1. Map Checking Fee: N/A
PART J. Park Fee: N/A
PART K. water Main Extension Deposit N/A
"
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
writing. The'DEVELOPER agrees not to revoke said offer of dedication,
and to keep said offer open until the CITY accepts offer by resolu-
tion.
(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
Page 2
,
· .
the CITY,
(c)
each and
agrees to
(1) A preliminary title
insurance company relating to
dedication; said Preliminary
furnished by DEVELOPER.
report issued
the property
Title Report
by a title
offered for
shall be
(2) 'A standard policy,.of title insurance issued by a
title insurance company and insuring the CITY in the sum
of: NjA, 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.
opon the condition precedent that
every covenant and condition of
accept said real property offered
the DEVELOPER shall perform
this AGREEMENT, the CITY
for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
(a) The DEVELOPER shall install and complete the Work within one
(1) year from the date of execution of this AGREEMENT, or such longer
period as may be specifically authorized in writing by the City 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.
(b) The DEVELOPER shall install and complete the Work in a good
and workmanlike manner in accordance with the plans as approved by the
City Engineer of Cupertino. The Work shall be done in accordance with
existing ordinances and resolutions of the CITY and in accordance with
all plans, specifications, standards, sizes, lines and grades approved
by the City Engineer. The Work shall be done in accordance with all
State and County Statutes applicable thereto. The decision of the
City Engineer-shall be final as to whether any material or workmanship
meets the standards, specifications, plans, sizes, lines and grades as
set forth.
Page 3
, .
(c) It is further agreed that the Work .shall be done in accor-
dance with the most current Standard Specifications of the Department
of public Works, California Department of Transportation, State of
california, and in accordance with the specifications of the Cupertino
Sanitary District where applicable.
Wherever the words "Sta,te" or '!California Division of Highways"
are mentioned in the State Specificat'ions, it shall be considered as
referring to the CITY of Cupertino; also wherever the "Director" or
"Director of public works· is mentioned, it shall be considered as
referring to the city Engineer.
In case of conflict between the state Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino Sanitary District
shall take precedence over and be used in lieu of such conflicting
portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
'·'.:·Il'hree of Ordinance No. 130 of the CITY by obtaining an excavation
, 'permit from the city Engineer before the commencement of any
excavation in, on, or under the surface of any existing public street,
lane, alley, sidewalk, or other public place. It is further agreed
that the DEVELOPER shall notify the city Engineer of the exact date
and time when the proposed excavation is to commence.
4. QUITCLAIM DEED
It is further agreed that 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
Page 4
, ,
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 f;orm 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 calIon the surety to perform this AGREEMENT
or otherwise indemnify the CITY for the DEVELOPER's failure to do so.
(t) In lieu of a surety bond, the DEVELOPER may elect to secure
this AGREEMENT by depositing with the CITY:
(1) Cash; or,
(2) A cashier's check, or a certified check, payable to the order
of the City of Cupertino or,
.,,~~;
, , (3) A certificate of deposit, or instrument of credit meeting the
.' requirements of Government Code Section 66499 (bl or (c).
(cl The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the event that
the DEVELOPER shall fail faithfully to perform the covenants and con-
ditions of this AGREEMENT, or to make. any payment, or any dedication
of land, or any improvements herein required, the CITY may appiy the
proceeds of said security thereto.
(d)
ficate of
Council.
No release of surety bond, cash deposit, check, or certi-
deposit, shall be made except upon approval of the City
(e) No interest shall be paid on any security deposited with the
CITY.
6. CHECKING AND INSPECTION FEE
Page 5
, .
7. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to processing
these improvements, the amount as set forth herein at page.2 (Part D).
7A. MAP FILING FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AGREEMENT, for office checking of final map
and field checking of street monuments, in compliance with Section 4:1
of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
, __ forth herein at Page 2 (Part I) . . ' ,
"
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount set forth herein at
Page 2 (Part E) as a development maintenance deposit to insure proper
dust control and cleaning during the construction period. The devel-
opment maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or ma-
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).
Page 6
•
. .
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 9/36/77. The deposit shall be held -by the CITY
until said monies are_needed to implement improvements outlined by the
Director of Public Works or, improvem€\nts outlined wi thin 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
to execution of this AGREEMENT, the
2 (Part G), which amount represents
for·one year.
DEVELOPER shall pay to CITY prior
amount as set forth herein at Page
the power cost for street lights
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. .
12. PARK FEES
It is further agreed that the DEVELOPER shall pay
and/or dedicate such land to the CITY, prior to execution,
quired within "Park Dedication Ordinance" Number 602, 1972
is further stipulated under Part J., page 2 herein.
13. MAINTENANCE OF THE WORK
such fees
as is re-
and which
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
arJ_s~ng out of or due to faulty workmanship and/or materials appearing
in said Work.
Page 7
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file ~ith CITY,
upon execution of this agreement, a letter from the Cupertino Sanitary
District stating tnat the. bEVELOPE~ 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
wth the provisions as set forth in Paragraph 13 above has been filed.
15. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions
of Section 66493, Article 8, Chapter 4 of the Government Code, per-
taining to special 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 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 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.
Page 8
•
. .
19. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way neces$ary
for completion of the project shall be acquired by the DEVELOPER at
his own cost and expense. I.t·· is prov~ded, 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, s'uch sums as may be required for
legal fees and costs, engineering, and other incidental costs in such
reasonable amounts as the CITY may require shall be deposited with the
City of Cupertino.
20. HOLD HARMLESS
It is further agreed that, commending 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 collectivel~,_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 policfes
the following minimum amounts:
of insurance shall provide coverage in
For bodily injury, $100,000 each per-
Page 9
Santa Clara
____________ -crt~ __________ County of
On January 24 , 1983 , before me the undersigned, a Notary Public,
in and for said State, personally appeared J. D. Vanderlaan
who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument as a witness thereto, who being by
me duly sworn, deposed and said: That he resides at Santa Clara. County,
that he was present and saw JosePfiJ? Franco ----~--------------------~----
personally knovm tort1m to be the person ,jeGcr ibed in and whose
name he --------subscribed to the within and annexed instrument,
f.xecute the same; and that affiant sUbscribedh_~_'_s ________ name thereto as a
witness to said execution.
,
My commission expires 10/31/83
JOAN J. CHERRY
NOTARY PUBLIC w CALIFORNIA
SANTA CLARA COUNTY
My Commisslon Expires Oct. 31, 1981,
,-..
son; $300,000 each occurrence; property damage, $50,000 on account of
anyone occurrence with an aggregate limit of not less that $200,000.
(b) The DEVELOPER shall file with the City Engineer at or prior
1;.0 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.
(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. SOCCESSORS
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.
':.-t
I
IN WITNESS WHEREOF, CITY has caused its name to be hereunto
affixed by its Mayor and city clerk, thereunto duly authorized by f~
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 CUPERTINO
A;;;i/1'"
Ci ty Attorney '4
, DEVELOPER: Joseph P. Franco
Page 10
I-lI'M I L TON /MERID IAN' INSURANCE AS SOC I A TES
P. O. BOX 28430
SAN JOSE, CA 95159
NAME AND MAILING ADDRESS OF INSURED
83128
Description of
CITY OF CUPERTINO, MEtJSERS OF THE CITY·COUNCI
OF THE CITY OF CUPERTINO, INDIVIDUALLY AND
COLLECTIVELY, AND THE OFFICERS, AGENTS AND
DEVELOPER: JOSEPH P. FRANCO
EMPLOYEES OF THE CITY OF CUPERTINO, IND Y
E
R
T-
Y
L
Type of Insurance . Coverage/Forms
I IX Scheduled Form A
B
I
L
I
T
Y
o Comprehensive form
o Premises/Operations
o Products/Completed Operations
o Contractual
[i{ Other (specify below) OWNERS & CONTRACTORS
o Moo. Pay. $ P" $ Person o Personal Injury
A U 0 Liability P Non·owned
T OComprehensive·Deductible
o 0 Collision· Deductible ~ 0 Medical Payments
B D Uninsured Motorist
I 0 No fault (speci!},):
L 0 Other (specify):
E
o Hired
$
$
$
$
Po<
Accident
PRClirE<:TIVE
A 08 0 C
.$
IPrc,perty [)amage $
Injury & Property Damage
Combined $
D WORKERS' COMPENSATION -Statutory Limits (specify states below) o lOMPLOYERS' LIABILITY -Limit $
5.PECIALCONDITIONS/OTHERCOVERAGES PRIMARY: IT IS UNDERSTOOD AND AGREED THAT THE COVERAGE
AFFORDED BY THIS INSURANCE SHALL BE PRIMARY TO THE FULL LIMIT OF LIABILITY AND IF THE INSURED
HAS OTHER INSURANCE AGAINST A LOSS COVERED BY THIS INSURANCE, THAT OTHER INSURANCE SHALL BE
EXCESS INSURANCE ONLY. IT IS FURTHER AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS INSUR-
ANCE AFPLIES ONLY AS RESPECTS OPERATIONS PERFORMED BY, FOR OR ON BEHALF OF JOSEPH P. FRANCO.
ACORD 75 (11-77)
Hamilton/Meridian Insurance Associates
r~", f"ll'l .. '"Jlo",,_,~ 0..""" "00 Opot.a>d
1570 Ttw AI~mmilt, Stmr 2JD
f',('i, f!Q~ :m4;\C Sen ';O$¢, CA 9S1!>9
(40111292·9010
Date
~ . .
"
.,'
. ,
. ,',
CONDITIONS
-'. This Company binds the kindfs).ofinsurance stipulated on the reverse side. This insurance issubiect
to the terms; conditions and limitations of the policy(ies) in current use by the Company.
This binder'may be cancelled by the Insured by surrender of this binder or by written nolice to the Com·
pany stating when cancellation will be effective. This binder may be.cancelled by the Company by notice
tothe Insured in accordance with the policy conditions. This binder is 'cancelled wlien replaced by a pol·
icy. If this binder is not replaced by a policy, the Compa~y is entitled to charge a premium for the binder
according to the Rules and Rates in use by the Company.
. "
...
... ' '" \ ....
State of California
County of Santa Cl ara
On t:h!.s ] 8th da)" of
before me ;lr'To~ Pi tagara -'s"auta c: ara
cOomissioned and s~orn. personrtlly
personally kno~ to we
55.
February __ , in the yen 1 ~83
a l\<llary Public in an for said
Coul1ty. State oi California. residing therein, du1\"
appeared Diann L. McManus "
J:!l(~K.xlaCl!iXl:/mC~XSI!KXKX*Xi('J.Ia{,&)}:&'KHiX .. *X to be the person \O'ho cxecuu4 the ~ithin instrl.l!!lent as Attorney 11'1 fact on b~h.aH of E.:i:r..eman t s Fund Insurance
the CorporaUon thera!n named and ... ::knwledged to mol' th:n thv CorporatiOn e:o:ecutPtj it.
IN YlTNESS \rrl£REOf. 1 h~ye hereunto set my hand and affixed Gy ofi1cial seal. the
day and year stated in this eertilieate above.
RUlnUfllJ::41UIIIIIIIIII!JlISI!I.nUJJUIIII.,tlllllUIll! !i OFFICIAL SEAL ;; i· FRAN PITAGARA g
:: NOTARY PUBLIC ~ CALlFOIl~IA:: I COUNTY Of SANTA CLARA 5
I Camm. Exp. July 5~ 1985 § ~uituuUIU:J'UIIII'III'llIflllllnltllll" •• I'UII.a
Company
..
SCR 638 ~2 58 .. ANNUAL PREMIU!'1 $. 612 .00
FAITHFUL PERFO~~CE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
KNOW ALL HEN BY THESE PRESENTS:
THAT~ I, Joseph P. Franco
2277 Alum Rock Avenue. San Jose. Calif. 95116
as Principal and Fireman's Fund Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Thirty Four Thousand and no/lOa Dollars
-:--::--:-___ -:--:---:::c-:----,:-::: ___ -::-_.,.-___ ,.--:::--:-,....,._.,.:Dollars ($ 34, 000. 00 )
lawful money of the UIrl.ted States, for the payment of ,~hich will and truly to be made,
"1e bind ourselves, our heirs, executors, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION of the foregoing obligation is such that,
W'rlEREAS, said Principal will perform all necessary improvements relative to
a commercial development
located south of Homestead ROad
in accordance with the approved Improvement Plans prepared by Ruth and Going, Inc.
__ ~~~~--~--~~~--~--~~----~~--~~----~-------------------Civil Engineer on file in the Engineer's Office, City of Cupertino.
!;'HE~S, Improvements shall be completed within one (1) year from the date of
Acceptance of this bond by the City Council.
WHEREAS, Improvements shall be maintained for a period of at least one (1) year after
acceptance of construction by' the City; This bona 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.
NOW, THEREFORE, 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 done and performed at
the time and in the manner specified therein, then this obligation shall be null and
void; otherwise this bond shall remain in full force and effect.
IN lo1ITNESS WHEREOF, this ins trument has been duly executed by the Principal and
Surety this 18th day of Februa;cv , 19 83
(To be signed by
Principal and Surety
and ackno<~ledgment)
By:
Fireman's Fund Insurance Company
Surety
Attorney-in-Fact, Diann L. McManus
The above bond is accepted and approved this ____ day of _________ _
19 __ _ .,. ..
,'", ~ .: ,
, ,
STATE OF CALIFORNIA )
) 55.
COUNTY OF SANTA CLARA)
On this day of __ == ____ day of _---'F-=E:.:B::..R"'U::..AA=Y ________ _
in the year of 21",,9.\L8d.3 __ , before me SHIRLEY J. ,\>iI"'L""L"'IAM=""SON= ________ _
personally appeared __ ~J~Q~S~E~P~HL£P~._LF~RAN~~C~Q~ ________________________________ _
personally known to me (or proved to 'me on the basis of satisfactory evidence)
to be the person whose name is subscribed ,to this instrument, and acknowledged
that he (she or ,they) executed it:'
~~TNESS my hand and official seal.
J. WILLIAMSON
NOTAR"i FO:;Uc.cAUFORtJIA
SANTA ClARA COUl'HV !.., ~;:,~ U;Wo C.:s:. 311!BS
~~~~n~~d~or the County
State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORJ.'1IA )
)
COUNTY OF SANTA CLAR.4.)
On this day of
in the year of ______ ,
ss.
of
before me~ ___________________ •
personally appeared ___________________________________________________ _
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as president (or secretary)
or on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
IN WITNESS WHEREOF, I have hereunto set, my hand and affixed my official
seal in the County of Santa Clara the 'day and year in this certificate first
above written.
6/29/82
Notary Public in and. for the County
of Santa Clara, State of California
_GENERAL '~:~~ FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: Thai FIREMAN'S FUND INSURANCE COMPANY. a Corporalion dulr o;ganized and e.,i<t;ng under Ihe
laws ot the State of California. and ha\ling its principal office in the' Cit}, and County of San Francisco. in said State, has made. constituted an~ appointed
and docs by these presents make. constitute and appoint •
---DIANN 1.. McMANUS ---
its true and lawfui Anorney(sHu-Fact. with full power and llUlhorilY hereby conferred in its name, place-and stead. to exeCUte, $.ea1. acknowlt'dge and
deliver any and all bonds. undertakings. recognizances or other wrinen obligations in Ihe nature thereof --------------.... -------____ _
and 10 bind Ihe Corporation thereby as fuJly and 10 ihe same eXleni as if such bonds were signed by the PresideDf. sealed with the corporate ~eal of Ihe
Corporation and duly attested by its Secretary. hereby ra;Uyins and confirm ins all that lhe said Anorney!s)-in.Facl may do in the premi~es,
This power of auorney is gran led pursuanl10 Article VUI. Section 30 and 3i of By-laws of FIREMAN'S FUND INSURANCE COMPANY nn\\. in full
force and effect.
"Anicle "'IJI. Appointment and A uthoriry A$sijuJni $t:creulfic-s. and A(fornt:y-in·Fa~·1 and ACt:nlJ to In,'epl Legal Pro .. 'eS5 and ,\Iil). ~ Appt'aranc~5.
Section 30, Appoinlmenl. The Cliairman of Ihe Board of DireclOrs. the Presidei'll, an: Vice-Pre~idenl or anr other penon authorizcd by the" Board of
DireelOrs, the Chairman of tlie Board of Dir«tors. the Presidenl or an)-· \'ice-Pre~jdent, may, from time 10 time, appoint Re\ideni A~!.i~lani Se(relarie\
and AHorneys-in«Facf to represenl and act for and on behalf of the Corporation and Ag:enl£ to accept leSOlI proce!.!. and make aflPcan,Uh::c" for and on
behalf of the Corporation.
Section 31. Aulhorh .... , The Authority of meh Resident A~!.i!.lant Seen'lades. Altorne~·~·in·Fact. and Agenl~ "hall be a\ f!re'l~'rit'led in Ihe in",lrumcnl
e\'idenclng their appointment. and any sucli appointment and all authority granted thereby may be re\'iked al any lime by Ihe Board of Director ... or b~
anr penon empo\\;ered to make such appoin1ment."
This power of attorney is $j~ned and· sealed under and by Ihe authority of the following Resolution adopted by the Board of Directorli of F1REMAN'S
FUND INSURANCE COMPANY at a meeting duly called and held on· the 15th day of July. 1966. and said Resolution has not been amended or
repealed:
"RESOLVED. lhat the signalUn: of any Vice-President. AssiSfam Secrelar~. and Resident As",istanl Secretary of this Corporation. and the seal of this
Corporation rna\" be affixed or prinled on iilny power 01 attorney. on any revocation of any power of anorne). or on any certificate reiatin!! thereto. b)'
facsimile. and any power of atlorney. ao,' re'<localion of an)' power or attotney. or certificate bearing such f acsimite signature or facsimile seal shall be
\'alid and binding upon the Corporation .•
IN WITNESS WHEREOF. FIREMAN'S FliND INSliRANCE COMPANY h., caused 'hese prese"!> 10 oe signed b, ;" Vice·Presiden!.
and its corporate seal tobe hereuntoarfixed this 7th dayof __ "~_~ebruary' . 19~".
ST ATE OF CALIFORNIA.
Cln' AND COUNTY OF SAN FRANCISCO
O",h;, 7th daro!. February . 19 ~. before me pmonallyeam, 2.":.chard Williams .
to me known. who, beins by me duly sworn. did depo~ and ~ay: lhat he b \'ice·Pre\ideOi of fIRE:\1A:-..!'S fl:SO INSURANCE COMPAS'L Inc Cor-
poration described in and which e1;ecUied the abo,'e inslrumenl; that he kno\\.~ the !lea! of .. aid Corporalion; Inat the "eal affhed 10 the ~aid m~trument i~ sucli corporate seal; Inal it w;:u ~o affixed by order of llie Board or Directors: of <>aid Corporation and thai lie ,i~ned h!;» name thereto by like order.
IN WlTNESS WHEREOF. I ha'<le hereunto ~t my hand and affixed my ofiidal \ea!, the' dar and rear h"rein fir'! nbcl\"~" rhien .
........... nt" ................. nnunu ........... u. 5 OFFICIAL SEAL ::
! e SIlSIE K. GIUlERT 5 i K" -.'}i, NOTARY PUBlIC· CAUFORNll § ! ~ OTY a COOIffT ~ s.uc FWlClSCO -= My Comminion Eapire! Nov. 11. i9SA i tll'IIIII'IH:III'HIIIIiGlM~tstH~. t!
STATE OF CALIFORNIA.
Cln" AND COU".,.Y OF SAN FRANCISCO
CF.RTIFIC ATE
I. the undersigned, Residem AliSis!ant Secretary of F1RE~1AN'S FUl"D INSUR .. ~NCE CO~lP . .$,NY, a C.AlIFORNIA Corporafion. DO HEREBY
CERTiFY thaI lhe foregoing and altach~d PO\\'ER OF ATTOR:-4EY rem;Jin~ in full force anti ha~ no! been re\oked: and furtherm~ut' Ih31 Ankk'SIlI.
Sections 30 and ;1 of Ihe ih'~law~ of the Corporalion. and Ihe Re~olulion of lh~ Board of Dift·~·10r\. !>C"i lorlh in the Po'''er t,f :\lIorn\'r. art' ljt)\\ in
force,
Signed and sealed ai Ihe CiIY and County of San Frandsco. Oa\ed lhe _~1"8"",t,,h,-_ da; of .1983--
" ,. ~ .;,. -",' . . . -, .
LABOR k"D ~!ATERIAL BOND
(Subdi,~sion Improvements)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Joseph P. Franco, Principal
SCR 638 12 58
Premium: Incl.
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 Fireman's Fund Insurance Company
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
Thirty-Four Thousand and no/lOa Dollars
($ 34,000.00 ) --~--------------~.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said PrinCipal, his or its
subcontractors, heirs, executors, administrators, successors or asSigns, shall
fail to pay for any materials, provisions, provender or other supplies or teams
used in, upon, for or about the performance of the work contract;ed 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 I s fee as shall be fixed by the Court.
This bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 1184.1 of the Code of Civil
Procedure, so as to give a right of action to them or their assigns in any suit
brought upon this bc:nd.
•
State of California
County af San t a Cl ara l l SS.
On this 18th day of February . In the yea. 1983
hl!'fDre me ~ Pi tagara a Notary Publtc In and for nid Santa G County. State of t.H!erni~l s:q$l~lns therein. duly
c=isdClned and swam. personally appeare4 Diann L • .l'lCManUS
personally kno~ tD me
.~~t() he rhe person ..,ho exet:ut~ the
within instrument as Attorney in Fact en behalf of Fireman t s Fund Insurance Compa.ny
t.be Corporat.ion therein nRI:led and acknowledged to me that tile Corporation executed it.
IN °'llInn:SS \:riER.£OF. 1 have ht!"Teunto st!"t my hand and a!£l.wed ::Iy offie1al seal. the
dllr an4 year st.ated in this certificate abo"e.
r;n: .. lt,.~aUIiI!.I.n .. nllnnuun"nBn"UUIIlIII~
51 OFFICIAL SEAL ;; ~ FRAN. PIT AGARA §
:: NOTAR.Y PUBliC -CAUfORNfA:: ~ COUNTY OF S,\NfA C"I.AAA i
-Comm. Exp. July S .. 1985 -~ulli·cum .. utl"UJ"IIIUI'lImlllnmlllllulIllS
i ' ~-.I ... t
.~. -.
•
l'nge 2.
,
And the I$~d Surety. for value receivc::d, hereby stipulates. and agrees
that no change, extension of-tim~. alteration or addition to the terms of
the contract or to the work to be p'!rformcd thereunder or the specifications
'accomp~l!lying,the san,e shall in any wise affect its obligations on this bond,
and it does I;!ereby \iaive notice of any such change, extension of .time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN .IlTNESS "HEREOF. this instrument has been
and Surety this 18th day of February
duly executed, by the Principal
(To be signed by
Principal and Surety
and ackuowledgmenl
and notarial secl
attached. )
• "
By;
, 19E-.
Fireman's'Fund Insurance Company
Surety
Attorney-in-Fact, Diann L. McManus
Tile ",bove bond is accepted and approved this ____ day of
19
,
.;.'.. ...J .. . '. \, •
STATE OF CALIFORNIA }
} ss.
COUNTY OF SANTA CLARA}
On this day of _..:1"'8-'-TH'-'-____ .day of _!:5!~~L _________ ,
in the year of __ 1_98_3 __ , before me SHIRLEY J. WILLIAMSON
personally appeared ____ JO_S_E_P_H_P_._F_R_AN __ CO __________________________ __
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it;·
WITNESS my hand and official
fl:t~SH!fILE~ J. WILLIAMSO~J
NOT Alfl PUeUC-CAlIFOIINIA
SAWA CLARA OOlJllTY
a:ft:mi::!~ £J;;ro hal. tltS
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
}
COUNTY OF SANTA CLARA}
On this day of
55.
of _____________________ _
in the year of _______ , before me~ ______________________________________ ,
personally appeared __________________________________________________________ '
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as president (or secretary)
or on behalf of the corporation, therein named and acknowledged to me that the
corporation executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
6/29/82
Notary Public in and for the County
of Santa Clara, State of California
FIREMAN'S FUND INSURANCE COMPANY . ' , , .
KNOW ALL ·M'EN By':rH~E PRESE~~! TIt?! F:JREM:\N:S FU~D INSURANCE COMPA~Y. a !=,ofp'oralion duly organized and uistin(t. under Ihe laws of Ihe State of Callforma. and havmJ Its. prmclpal ~fflce tn the CUi' and County of San FrancIsco. In said Slate. has made, consliwled and appointed.
and does by the~e presen15 make. conStitute and apPOint
---DIANN L. McMAt';'US ---
•
its ~rue and lawful Attorne}'(s)·in.F~ct. with ful~ powc:r and authori~y hefeb):" c9nfer;ed in its name. place and stead. to execute. seaL acknowledge and
dehver any and aU bonds. undertakmgs. recognizances Or otber "'flUen obltgallon~ In the nature thereof -----------------.... ------__ _
and to bind the Corporation lherch), as fully and 10 the same extent as jf such bonds were signed by tbe President. sealed witb the corporale ~eal of Ibe
Corporation and duly attested by its SeCrelar)'. hereby ratif)'ing and confirming. alllhal the said AHorneyls)·in~Fact may do in the ."remises,
This power of attorney is granted pursuant to Article VIIl. Section;\O and 31 of By~laws of FIREMAN'S FUND JNSURA~CE COMPANY no~ in full
force and effect.
"Article VB!. Appointment and AUlborirr AssistalH 5ecrClarits. and A rlor(j('.I'·in·Fa~"1 and AgenlS /0 a.w:pJ Lr:ga/ Pro~'ts ... and MaJ.e Arp,·aran~·e5.
Section 30. AppoinJmem. The Chairman of (he Board of Directors. the Pre1>idenl. an~ Vice-President Or any olher l1erson authorized to: lhe Board of
DireClors, the Chairman of Ihe Board of Dire(lOr~> the Presidenl or any Vice-President. may. from lime to time. appoint Re\ident As~blant Secrelarie~
and Allorneys~in·Fact to represenl and act for and on behalf of the Corporalion and Agent~ \0 .h,"CeI11 legal proce1>$, and make af\pearana ... for and on
behalf of the Corporation,
Section 11. AUlhorilY. The AUlhorit~" of ~u('h Resident .o\ssj~tant Se.:relarles. Al(orne:y~·in·Fa~t. and Agent ... }.halJ be a ... pn;:,cribed in Ihe in"lrurnl!n!
evidencing their appointment. and any such apf\oimment and all 3ulhorit)' granted thereby may be reviked at any time by Ihe Board of Director .. or by
an)' person empowered to make such appointment:'
This power of attorney i50 signed and sealed under and by the authorit)' of the following, Resolution adopted by the Board of Directors of FIREMAt\'S
FUND INSURANCE COMPANY at a meelin~ duly called and held on the 15th day of Jul)', 1966. and said ResolUlion has nOI been amended or
repealed:
"RESOLVED. Ihat the signature of an)' Vice-President. Assistant Secretary. and Residen! A5os.istanl SecreTary of thi!' Corporation, and fhe seal or this
Corporation rna\' be affixed or printed on an\' power of attorney. on any revocation of any power of atlorne~. or on any certificate relating: thereto. ~\
facsimile, and any po ..... er of altorney. an~ revocalion of anr'pO\l,'er of allorney, or certificate bearinB such facsimile sign3lUre or fa-csimile seal shall ~~
\'alid and binding upon the Corporation."
IN WlTNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused Ihese presents 10 be signed h) its Vice-Presidenl.
and its corporale seal 10 be hereunto affixed fhis 7th day or ~_~!:_~uary: . 19 ~ •
~~~INS;;~
B) __ _
STATE Of CALIfORNIA.
} .s. CITI' AND COUNTY Of SAN FRANCISCO
. 7th February 83 Richard Williams On thIS da~' of _~___ • 19 ___ • before me per~Qnany came •
10 me l>nown, who. being. by me duly sworn. did depose and lo.ay~ Ihat he i;. Yke·Prc')idenl of FIRE~lA:"'S FL:!'-JD iNSURANCE COMPANY. the' Cor-
poralion described in and whkh e:xecuted the abo\'c instrument: Ihal he knO\\~ the \eal of "aid Corporation: that rhe !o.eal affhed 10 Ihc "aid in!'lrllmCnt
I!I. $,uch corporate &eal; thaI it wa~so affixed by order of the Board of Direc(or~ of <;aid Corporation and th'll he .. igned hi'!-name therelo by like order.
IN WITNESS WHEREOF. I have hCreunlo set my hand and affixed my offidal \eal. Ihe dar and rear herein fir\t aM"'e \i.rinen .
• " ................ U'Q.IIM1 ................. U,,, .. , .. . i OFFICIAL SEAL ! i e SUSIE K. GIlBERT 5 ;; rt'_ Ji. IKlTAIl.Y MUC • UUFORNIA 5 e ~ C/IY' (0!IIITl' Of SAH fWlCISCO = i My Comminion expires Nov, l/, 1"'84 i!
ll .. n.tr'Jt .. tu ..... JtItUe""'**'t:UI"~r.::#tUNIB
STATE OF CALlfOR~IA.
CITY AND cour .. W OF SAN FRANCISCO
CF.RTlF1C ATE
I. the undeaigned, Resident Assistant Secretary of F1REMAr\'S FW"';D I:"SL'RA"":CE CO~IP .. \~y. a CALIFORNIA Corporal\(ll\. DO HEREBY
CERTIFY lhal the foregoing and attached POWER OF ATTORNEY remain~ in (ull (or~'e and halo. ntH !:leen re\oked; and furthermore Ihal -\rtkk \'HI.
Seclions 30 and 31 of the By~la ..... ~ of Ihe Corporal ion. and the Re;.olullon of the Board of Dire .. 'tor~. ~C'r forth in the PO\"l.er or Atlorn~r. are 11('1\\ in
force.
Signed and sealed at the City and COllnlyof San francisco, Dated the 18th da~ of _~-,F,-,e",b,-,r",u=a",ry",,-~ _______ , 19 ...ll3-..