83-019 Guzman and Stocklemeir Development, Minor Improvement Agreements Not Involving Lot Splits, Resolution No. 3339 / -
AGREEMENT
This AGREEMENT made and entered into this 8th day of
May , 1983 , by and between the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter
designated as CITY, and GUZMAN AND STOCKLMEIR DEVELOPMENT, A JOINT
VENTURE COMPRISED OF ALAN STOCKLMEIR AND BARBARA STOCKLMEIR, HIS WIFE
AND GUZMAN CONSTRUCTION COMPANY, INC. , hereinafter designated as
DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY and is
securing a building permit from CITY to construct and maintain a
single family structure, hereinafter referred to as "Project. "
WHEREAS, CITY hereby approves the improvement plans and specifi-
cations prepared for the Project by Hoskins Enginering; 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 "Work. "
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amounts of Bonds, Fees, and Deposits as set
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forth in the following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
Improvement Category - Category 1 (980-206. 42)
PART A. Faithful Performance Bond: $ 7,500. 00
Seven Thousand Five Hundred and no/100 Dollars
PART B. Labor and Material Bond: $ 7,500. 00
Seven Thousand Five Hundred and no/100 Dollars
PART C. Checking and Inspection Fee: $ 375. 00
Three Hundred Seventy-Five and no/100 Dollars
PART D. Indirect City Expenses: $ 56.00
Fifty-Six and no/100 Dollars
PART E. Development Maintenance Deposit: $ 250.00
Two Hundred Fifty and no/100 Dollars
PART F. Storm Drainage Fee: $ 284.00
Two Hundred Eighty-Four and no/100 Dollars
PART G. One Year Power Cost: N/A
PART H. Street Trees : By DEVELOPER
PART I. Map Checking Fee: N/A
PART J. Park Fee: N/A
PART K. Water Main Extension Deposit $ 800. 00
Eight Hundred and no/100 Dollars
PART L. Maps and/or Improvement Plans: By Developer
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
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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
the CITY:
(1) A preliminary title report issued by a title
insurance company relating to the property offered for
dedication; said Preliminary Title Report shall be
furnished by DEVELOPER.
( 2) A standard policy of title insurance issued by a
title insurance company and insuring the CITY in the sum
of: N/A, and which shall show said property free and clear
of all liens or encumbrances except those as the CITY shall
expressly waive in writing; said policy shall be furnished
at the time of acceptance of dedication and recordation of
deed.
(c) Upon the condition precedent that the DEVELOPER shall perform
each and every covenant and condition of this AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
(a) The DEVELOPER shall install and complete the Work within one
(1) year from the date of execution of this AGREEMENT, or such longer
period as may be specifically authorized in writing by the City 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
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existing ordinances and resolutions of the CITY and in accordance with
all plans, specifications, standards, sizes, lines and grades approved
by the City Engineer. The Work shall be done in accordance with all
State and County Statutes applicable thereto. The decision of the
City Engineer shall be final as to whether any material or workmanship
meets the standards, specifications, plans, sizes, lines and grades as
set forth.
(c) It is further agreed that the Work shall be done in accor-
dance with the most current Standard Specifications of the Department
of Public Works, California Department of Transportation, State of
California, and in accordance with the specifications of the Cupertino
Sanitary District where applicable.
Wherever the words "State" or "California Division of Highways"
are mentioned in the State Specifications, it shall be considered as
referring to the CITY of Cupertino; also wherever the "Director" or
"Director of Public Works" is mentioned, it shall be considered as
referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino Sanitary District
shall take precedence over and be used in lieu of such conflicting
portions.
3 . EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation
permit from the City Engineer before the commencement of any
excavation in, on, or under the surface of any existing public street,
lane, alley, sidewalk, or other public place. It is further agreed
that the DEVELOPER shall notify the City Engineer of the exact date
and time when the proposed excavation is to commence.
4. QUITCLAIM DEED
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.
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5. BONDS AND OTHER SECURITY
(a) Upon the execution of this AGREEMENT, the DEVELOPER shall
file with the CITY a faithful performance bond to assure his full and
faithful performance of this AGREEMENT. The penal sum of said faith-
ful performance bond shall be the full cost of any payment to be made
under this AGREEMENT, the value of any land agreed to be dedicated,
and any improvements to be made under this AGREEMENT. In the event
that improvements are to be made under this AGREEMENT, the DEVELOPER
shall, in addition to said faithful performance, file with the CITY a
labor and materials bond in a penal sum adequate to assure full pay-
ment of all labor and materials required to construct said improve-
ments. The amount of said bonds shall be as designated by the City
Engineer. Said bonds shall be executed by a surety company authorized
to transact a surety business in the State of California and must be
approved by the City Attorney as to form and by the City Engineer as
to sufficiency. In the event that the DEVELOPER shall fail faithfully
to perform the covenants and conditions of this AGREEMENT, or to make
any payment, or any dedication of land, or any improvements herein
required, the CITY shall call on the surety to perform this AGREEMENT
or otherwise indemnify the CITY for the DEVELOPER' s failure to do so.
(b) In lieu of a surety bond, the DEVELOPER may elect to secure
this AGREEMENT by depositing with the CITY:
(1) Cash; or,
( 2) A cashier' s check, or a certified check, payable to the order
of the City of Cupertino or,
(3) A certificate of deposit, or instrument of credit meeting the
requirements of Government Code Section 66499 (b) or (c) .
(c) The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the event that
the DEVELOPER shall fail faithfully to perform the covenants and con-
ditions of this AGREEMENT, or to make any payment, or any dedication
of land, or any improvements herein required, the CITY may apply the
proceeds of said security thereto.
(d) No release of surety bond, cash deposit, check, or certi-
ficate of deposit, shall be made except upon approval of the City
Council.
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(e) No interest shall be paid on any security deposited with the
CITY.
6. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all neces-
sary direct expenses for inspection, checking, etc. , incurred by CITY
in connection with said Project, and that DEVELOPER shall have depos-
ited with CITY, prior to execution of this AGREEMENT, the amount as
set forth herein at Page 2 (Part C) . Should construction cost vary
materially from the estimate from which said sum is calculated, the
City Engineer shall notify DEVELOPER of any additional sum due and
owing as a result thereof.
7. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
7A. MAP FILING FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AGREEMENT, for office checking of final map
and field checking of street monuments, in compliance with Section 4:1
of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at Page 2 (Part I) .
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount set forth herein at
Page 2 (Part E) as a development maintenance deposit to insure proper
- dust control and cleaning during the construction period. The devel-
opment maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or ma-
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.
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9.A STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge in
connection with said project in accordance with the requirements
established in Resolution 4422, March 21, 1977 in the amount as set
forth herein at Page 2 (Part F) .
9.B WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those
monies required to comply with "Policy on Water Main Extensions Work
and Deposits" dated 9/30/77. The deposit shall be held by the CITY
until said monies are needed to implement improvements outlined by the
Director of Public Works or improvements outlined within an adopted
Water Master Plan.
The amount shown herein at Part K, Page 2, shall be the full
amount due.
10 . ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior
to execution of this AGREEMENT, the amount as set forth herein at Page
2 (Part G) , which amount represents the power cost for street lights
for one year.
11. FEES FOR THE INSTALLATION OF STREET TREES
It is further agreed that the CITY shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance
with the standards of the CITY of Cupertino. Variety of tree shall be
selected from the City approved list.
12. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees
and/or dedicate such land to the CITY, prior to execution, as is re-
quired within "Park Dedication Ordinance" Number 602, 1972 and which
is further stipulated under Part J. , Page 2 herein.
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13. MAINTENANCE OF THE WORK
It is further agreed that the DEVELOPER shall maintain the Work,
until all deficiencies in the Work are corrected to conform to the
Plans and the CITY standards and specifications for the Work. The
DEVELOPER shall, upon written notice thereof, immediately repair or
replace, without cost or obligation to the City of Cupertino, and to
the entire satisfation of said CITY, all defects and imperfections
arising out of or due to faulty workmanship and/or materials appearing
in said Work.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY,
upon execution of this agreement, a letter from the Cupertino Sanitary
District stating that the DEVELOPER has entered into a separate
AGREEMENT with the said District to install sanitary sewers to serve
all lots within said Project and stating that a bond to insure full
and faithful performance of the constructions of the said sanitary
sewers and to insure maintenance of said sanitary sewer in conformance
with the provisions as set forth in Paragraph 13 above has been filed.
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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.
19 . EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary
for completion of the Project shall be acquired by the DEVELOPER at
his own cost and expense. It is provided, however, that in the event
eminent domain proceedings are required by the CITY for the purpose of
securing said easement and right-of-way, that the DEVELOPER shall
deposit with CITY a sum covering the reasonable market value of the
land proposed to be taken and to be included in said sum shall be a
reasonable allowance for severance damages, if any. It is further
provided that in addition thereto, such sums as may be required for
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legal fees and costs, engineering, and other incidental costs in such
reasonable amounts as the CITY may require shall be deposited with the
City of Cupertino.
20 . HOLD HARMLESS •
It is further agreed that, commencing with the performance of the
Work by the DEVELOPER or his contractor and continuing until the com-
pletion of the maintenance of the Work, the DEVELOPER shall indemnify,
hold harmless and defend the CITY from and against any or all loss,
cost, expense, damage or liability, or claim thereof, occasioned by or
in any way whatsoever arising out of the performance or nonperformance
of the Work or the negligence or willful misconduct of the DEVELOPER
or the DEVELOPER' S agents, employees and independent contractors.
21. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or
shall require any contractor engaged to perform the Work to take out,
and maintain at all times during the performance and maintenance of
the Work called for or ,required to be done hereunder, a policy of
insurance naming the CITY and members of the City Council of the City
of Cupertino, individually and collectively, and the officers, agents,
and employees of the City individually and collectively, as insured.
Said separate policy shall provide bodily injury and property damage
coverage to the foregoing named CITY and individuals covering all the
Work performed by, for, or on behalf of said DEVELOPER. Both bodily
injury and property damage insurance must be on an occurrence basis;
and said policy or policies shall provide that the coverage afforded
thereby shall be primary coverage to the full limit of liability
stated in the declarations, and if the CITY, its members of the City
Council, individually and collectively, and the officers, agents, and
employees of the City, individually and collectively, have other in-
surance against the loss covered by said policy or policies, that
other insurance shall be excess insurance only.
(a) Each of said policies of insurance shall provide coverage in
the following minimum amounts: For bodily injury, $100,000 each per-
son; $300,000 each occurrence; property damage, $50,000 on account of
any one occurrence with an aggregate limit of not less that $200 ,000.
(b) The DEVELOPER shall file with the City Engineer at or prior
to the time of execution of this AGREEMENT by the DEVELOPER such evi-
dence of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies
shall bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least 10 days advance
notice thereof.
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(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. MAPS AND/OR IMPROVEMENT PLANS
It is further agreed that the DEVELOPER shall furnish CITY with
the following maps and/or plans at his own expense:
(a) A mylar sepia and seven (7) prints of fully executed parcel maps.
(b) A mylar sepia and thirteen (13 ) prints of fully executed tract
maps.
(c) A mylar sepia and eleven (11) prints of fully executed
improvement plans.
(d) A direct duplicating silver negative microfilm aperature card of
all executed improvement plans and maps.
It is agreed that the sepia, prints and microfilm of maps will be
furnished within one month following recordation at the County of
Santa Clara.
It is- also agreed that the sepia, prints and microfilm for
improvement plans will be furnished within one month following the
signing of the plans by the CITY.
Page 11
23 . SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assign and transferees of DEVELOPER. The assignment of
this AGREEMENT shall not be made without approval by the City Council
of the City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto af-
fixed by its City Engineer and City Manager, 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
I
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/ /J
Approved as to for City Engineer:
6/1140A.4( 44
City Attorney City Manager: ( .r
DEVELOPER: ,C'a-,7 th -L _a r
By: I �cx; CCdh.-e .
Acknowledgement Attached
Page 12
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
•
On this day of day of '27,91/ ,
in the year of /fel' , before me
personally appeared � `/ C' ii - / /, / /GS /e/egre/e-
tsooz-1'_; 'known to W_ (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 sea
re JEANNE N. SPARKS kAitj
• NOTARY PUBLIC•CALIFORNIA No ry Public in and for\he County
SANTA CLARA COUNTY
o S$nta Clara, State of California
My commisslen expires Augus[ 1,1984 (vl
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day of _ 3194" daof y
in the year of ‘61g-3 , before me \ t..-'1,14(dc J SPAri cc ,
personally appeared CLAIM o% \` )111) Ea l�
—persona-Hy'--known_to_me—(or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument ash (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.
JEANNE N. SPARKS \
' •= NOTARY PUBLIC-CALIFORNIA �/ , �'
'"0 ." - SANTA CLARA COUNTY Not-ry Public in and fo 7 the County
MycommissionexpiresAugust 1,1984 .f Santa Clara, State o California
• 6/29/82
, STATE OF CALIFORNIA )
COUNTY OF Santa Clara ) ss.
\`' On this 27th day of May , 19 83 , before me the
undersigned, a Notary Public in and for said County and State, personally
appeared Madelaine Gentry , 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 as Attorney-in-Fact of Surety Insurance
Company of California and who being by me duly sworn, did depose and say:
that he/she is Attorney-in-Fact of Surety Insurance Company of California,
the Corporation described in and which executed the foregoing instrument;
that he/she knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted
to him/her in accordance with the By-Laws of the said Corporation and that
he/she subscribed the name of Surety Insurance Company of California as urety
and his/her own name as Attorney-in-Fact.
/1
IME FUAMATU-JOHNSON .L _ � '`'er
NOTARY PUBLIC-CALIFORNIA
SANTA CLARA COUNTY
(Notary Public)•
My co.T:nissis'.expires Aug. 19,1983 Tine Fu mlatu-Johnson
4
5100-01 (Rev. 10/82)
BOND NO. 553462
• ii EXECUTED IN DUPLICATE: ANNUAL PREMIUM $'225.00
FAITHFUL PERFORMANCE AND COMPLETION I P ROJEA NT BOND
(Subdivision Improvements)
:STOW ALL MEN BY THESE PRESENTS:
THAT WE, GUZMAN AND STOCKLMEIR DEVELOPMENT, A JOINT VENTURE COL✓.PRISED OF ALAN
STOCKLMEIR AND BARBARA STOCKLMEIR,HIS idIFE AND GUZMAN CONS_^RUCTION COMPANP, INC.
as Principal and )r-STTRFTY TNSTTRANCR COMPANY OF CALFIORNTA 777 North First Street. Su. 400.
` San Jose. California 95112
as Surety are held and firmly bound unto the City of Cupertino, State of California, in.
the sum of Seven Thousand Five Hundred and no/100
Dollars ($ 7,500.00 )
lawful money of the United States ,' for the payment of which will and truly to be made,
we bind ourselves , our heirs , executors, successors and assigns , jointly and severally,
firmly by these presents.
•
THE CONDITION of the foregoing obligation is such that,
WHEREAS, said Principal will perform all necessary improvements relative to
a single family structure
located on McClellan Road
in accordance with the approved Improvement Plans prepared by Hoskins Engineering
Civil Engineer
on file .in the Engineer's Office, City of Cupertino.
WHE.EAS, 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 bond shall be in full force and effect
through the period of maintenance as provided in said contract. The maintenance period
shall continue until such time that all deficiencies of construction are corrected to
the satisfaction of the City Engineer's Office.
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the
p-Tenants 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 WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety this 27th day of May , 19 83
•741112.-2-2
(To be signed by ,
Principal and Surety .0/2,6r(�p(-
CfJ�/�e rti
and acknowledgment) a/ i, / ,�,_�' e, ;-n eta
Princiral & & c
SURETY INSURANCE COMP OF CALIFORNIA
Surety / Or
/ n
Y H+�.�iriGu/av ,
. .e aine Gen• , Atto f-y-in- act At orn!. a lip? :til ine red try `
The above bond is accepted and approved this day of - - •
-
19 -
- STATE OF• CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
•
•
On this day of Z3it:/ day of /may ,
in the year of /94.; , befo�ree mem IT"ilfi�/.4/ 774 S' 2e cS ,
personally appeared A/2h..__6 (�/��Qa%q i C �j.P;-,
-pea1157=known-Ee-me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.-
- WITNESS my hand and official seal.
dr\ JEANNE N. SPARKS �AA . �
Q. NOTARY PUBLIC-CALIFORNIA - l vV - •
ma SANTA CLARA COUNTY Not- Public in an. for County
Mycommission expires August 1,1984A of a Clara, State of Californiaa
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA ) .
) ss.
COUNTY OF SANTA CLARA)
On this day of \14day of Al ,
in the year of h�� , before me JN(dl: 1V SP/1-11LS
personally appeared C1- 01(a. CC.l? rM(Qi ,
personally-known-t me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as._presi-deat (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. \
JEANNE N. SPA � ° c%)c '��
�,-'i NOTARY PUBLIC-CALIFORNA r = Public in and f. the County
'� i"� SANTA CLARA COUNTY of -ants Clara, State of California
My commission expires August 1,1984
EXECUTED IN DUPLICATE: BOND NO. 553462
•
•
LABOR AND MATERIAL BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino State of California and GUZMAN AND
STOCKLMEIR DEVELOPMENT, A JOINT VENTURE COMPRISED OF ALAN STOCKL_€EIR AND
BARBARA STOCKLMEIR, HIS WIFE AND GUZMAN CONS"RUCTION COMPANY, INC.
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 )(SURETY INSURANCE COMPANY OF CALI-
- FORNIA, 777 North First St. , Su. 400, San Jose, CA 95112
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
Seven Thousand Five Hundred and no/100 Dollars
($ 7.500,00 ) .
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 contracted to be done,
or for any work or labor thereon of any kind, or for amounts due under the Un-
employment Insurance Act with respect to such work or labor, then said Surety
will pay the same and also will pay in case suit is brought upon this bond,
such reasonable attorney's fee as shall be fixed by the Court.
This bond shall inure to the benefit of any and all persons, companies , and
corporations entitled to file claims under Section 1184.1 of the Code of Civil
Procedure, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
STATE OF CALIFORNIA ) ss.
COUNTY OF
Banta Clara )
2 On this 27th day of May , 19 83 , before me the
undersigned, a Notary Public in and for said County and State, personally
appeared Madelaine Gentry , 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 as Attorney-in-Fact of Surety Insurance
Company of California and who being by me duly sworn, did depose and say:
that he/she is Attorney-in-Fact of Surety Insurance Company of California,
the Corporation described in and which executed the foregoing instrument;
that he/she knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted
to him/her in accordance with the By-Laws of the said Corporation and that
he/she subscribed the name of Surety Insurance Company of California as Surety
and his/her own name as Attorney-in-F. t.
IME FUAMATU-JOHNSONcoi,
p NOTARY PUBLIC-CALIFORNIA
Wzre SANTA CLARA COUNTY •,� ��\,i.I Lj,� ����
My commission expires Aug.19,1983 (Notary Public) I
• Tme TTanatu-Johnson
5100-01 (Rev. 10/82)
Labor and Material fund Page 2
•
And the said Surety, for value received, hereby stipulates ,. and agrees
that no change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any. wise affect its obligations on this bond,
• and it does hereby waive notice of any such change, extension oft .time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, . this instrument has been duly executed, by the Principal
and Surety this 27th day of May , 199 833
(Ti be lgand by �Cai GCh�'7!/e?rtit;✓u.t I ec}a
Principal and Surety =
and acknowledgment Principal 0 ( t
and notarial seal i �, «^J 4
r ° attached.) f �c
SURETY INSURANCE COVANY • a I •.0
Surety I
. Ey
/I V r
�/ ./ O. / c 4L:
By: Ma.e' aine Gait , Attorn;La- .ct Atto n V '!crv.ee ain/Gentry-
The above bond is accepted and approved thi _ day of
, 19_
M1
STATE QF CALIFORNIA ) '
• ) ss.
COUNTY OF SANTA CLARA)
•
On this day of ( , rd- day of //„L a l/�j //
in the year of /9R3 , before me s �ea/1ne /1 / q..192/1/3 �j
personally appeared /Han ,to64inie/Y uid �ay-barr!_/oL �oc/j e/,r
`--pe-� a (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 sea
JEANNE N. SPARKS / 4 • PC 1.
NOTARY PUBLIC-CALIFORNIA Not- Public in and for the l• ounty
` • SANTA CLARA COUNTY o Iota Clara, State of Cali ornia
My commission expires August 1,1984
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day of 7,'7j ay of rt
in the year of r1.63 , before me i2y0Jftie- ,Jp'A.Pk .S
personally appeared Ct Akmoor OkikA_MAAJ
persona-1 y—knewn_to—me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument at piesil...nt (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.
JEANNE N. SPARKS y C4, -
PUBLIC-CALIFORNIA
o NOTARYNo -sy Public in and for ' he County
SANTA CLARA COUNTY •f S-nta Clara, State of California
My commission expires August 1,1984
6/29/82
JavSURETY INSURANCE COMPANY
OF CALIFORNIA
-The Dollars and Sense Surety" HOME OFFICE IN LA HABRA, CALIFORNIA
P.O.BOX 2430
LA HABRA,CALIFORNIA 90631-1630
CERTIFIED COPY OF POWER OF ATTORNEY
No 3547
KNOW ALL MEN BY THESE PRESENTS: That Surety Insurance Company of California, a California Corporation, having its
principal office in the City of La Habra, County of Orange, State of California, pursuant to the following By-Laws which were
adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit:
"Article IV, Section 7 (b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ-
ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the
authority given to them." •
Has made, constituted and appointed and by these presents does make, constitute and appoint
Madelaine Gentryof San Jose, California
its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed, all of the following classes of documents, to wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given in any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misconduct of their employees, official,
, surety and fidelity bonds.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company
as fully and amply, to all intents and purposes, as if they had beenduly executed and acknowledged by the regularly
elected officers of the Company at its office in La Habra, California in their own proper persons.
IN W rdp�� , Surety Insurance Company of California has caused these presents to be signed by its duly
aut ri 'o , +.'flints c orate seal to be hereunto affixed this 2nd day of March 19 83
f
ra
C. Cr . SURETY INSURANCE COMPANY OF CALIFORNIA
INCORPORATED
a) — By .r....
NJAN. 31, 1969 y John F. Merrill
ST E O, c
co
q4�.�PW. } SS:
On this 2nd day of March A.D. 19 83 before the subscriber,a NotaryPublic of the State
of California, in and for the County of Orange, duly commissioned and qualified, personally appeared John F. Merrill, President of
SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in,and
who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposed and said
that he is the officer of the said Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said
Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation, and that Article IV, Section 7 (b) of the By-Laws of said Company,referred to in the
preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the
day and year first above written. .
�y p/� OFFICIAL SEAL
dii /i
JILL WROBEL
/
Q
NOTARY PUBLIC-CALIFORNIA
IPALOFF CE IN
Notary Public PRINCIPAL OFFICE IN
ORANGE COUNTY
My Comm.Expires Aug 8,1986
CERTIFICATION
T, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV,Section
7(b) By-Laws of said dompany as set forth in said Power of Attorney, are now in full force and effect.
IN'TESTIMONY WHEREOF,I havehereunto subscribed my name a affixed the corporate seal of the said Company
this...31S.tdayof- -..MaY , 19 83 ....�
(SEAL) a Secretary
56be5-04IRrn la/82) Phillip R. Gilbert