83-028 DCE, Inc., Improvement Agreement, Tract No. 6936, Resolution No. 6131 AGREEMENT
This AGREEMENT, made and entered into this 5thday of
July , 1983, by and between the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter design-
ated as CITY, and DCE, INC. , hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS said DEVELOPER desires to subdivide certain land within
the City of Cupertino in accordance with the map heretofore filed with
the City Council of the City of Cupertino, marked and designated Tract
6936 Cupertino California, hereinafter designated as the "Tract; " and
WHEREAS, said map shows certain courts, drives and roads which are
offered for dedication for public use; and
WHEREAS, said DEVELOPER desires to construct dwellings on the lots
in said "Tract; " and
WHEREAS, CITY hereby approves the improvement plans and spec-
ifications prepared for the Tract by Jennings, McDermott and Heiss,
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 "Plans, " and the work to be done under
the Plans shall be called the "Work. "
•
PAGE 1
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amount of bond, fees and deposit as set forth
in the following schedule.
SCHEDULE OF BONDS, FEES AND DEPOSITS
Part A. Faithful Performance Bond:
Twenty-Eight Thousand and no/100 Dollars $ 28, 000 . 00
Part B . Labor and Material Bond:
Twenty-Eight Thousand and no/100 Dollars $ 28, 000 . 00
Part C. Checking and Inspection Fee:
One Thousand One Hundred Twenty and no/100 Dollars $ 1, 120 . 00
Part D. Indirect City Expenses :
One Hundred Sixty-Eight and no/100 Dollars $ 168 . 00
Part E. Map Filing Fee:
Fifty and no/100 Dollars $ 50 . 00
Part F. Development Maintenance Deposit: •
Three Hundred Ten and no/100 Dollars • $ 310 . 00
Part G. Storm Drainage Fee :
One Thousand One Hundred Eighty-Four Dollars $ 1, 184. 00
Part H. One Year Power Cost:
Thirty-Six Dollars $ 36 . 00
Part I. Street Trees : By Developer
Part J. Park Fees : Zone A-2
Twelve Thousand Ninety-Six and no/100 Dollars $ 12, 096. 00
Part K. Water Main Extension Deposit was paid by the construction
of a water main extension .
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the '
parties hereto as follows, TO WIT:
1. INSTALLATION OF WORK
It, is agreed that in consideration of the approval of said map
and the acceptance on behalf of the public of the courts, drives and
roads offered for dedication,
(a) The DEVELOPER shall install and complete the Work within one
( 1) year from the date of execution of the this AGREEMENT, or such
longer period as may be specifically authorized in writing by the City
Engineer. In the event the DEVELOPER fails or refuses to complete the
Work within the specified period of time, the CITY, at its sole op-
tion, shall be authorized to complete the Work in whatever manner the
CITY shall decide. In the event the CITY completes the work, the CITY
PAGE 2
•
•may recover any and all costs incurred thereby from the DEVELOPER or
the DEVELOPER' S surety or both.
(b) The DEVELOPER shall install and complete the Work in a good
and workmanlike manner in accordance with the plans as approved by the
• City Engineer of Cupertino. The Work shall be performed under the in-
spection and with the approval of the City Engineer. The Work shall be
done in accordance with existing ordinances and resolutions of the
City of Cupertino, and in accordance with all plans, specifications,
standards, sizes, lines and grades approved by the City Engineer. The
Work shall be done in accordance with all State and County Statutes
applicable thereto. The decision of the City Engineer shall be final
as to whether any material or workmanship meets the standards, spec-
ification, plans, sizes, lines and grades as set forth.
(c) It is further agreed that the Work shall be done in ac-
cordance with the most current Standard Specifications of the
Department of Public Works, California Department of Transportation,
State of California, and in accordance with the specifications of the
Cupertino Sanitary District where applicable. Wherever the words
"State" or "California Department of Transportation" are mentioned in
the State Specifications, it shall be considered as referring to the
City of Cupertino; also, wherever the "Director" or "Director of
Public Works" is mentioned, it shall be considered as refetring to the
City Engineer.
In case of conflict between the State Specifications and the
specifications of the City of Cupertino and/or the Cupertino Sanitary
District, the specifications of the City of Cupertino and/or the Cu-
pertino Sanitary District shall take precedence over and be used in
lieu of such conflicting portions .
2. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of City of Cupertino by obtaining an ex-
cavation permit from the City Engineer before the commencement of any
excavation in, on, or under the surface of any existing public street,
lane alley, sidewalk, or other public place. It is further agreed that
the DEVELOPER shall notify the City Engineer of the exact date and
time when the proposed excavation is to commence.
3 . QUITCLAIM DEED - UNDERGROUND- WATER RIGHTS
It is further agreed that DEVELOPER shall quitclaim all his
rights and interests in, and shall grant to CITY authorization to
extract water from the underground strata lying beneath said Tract and
DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in
favor of CITY, when presented to him for signature.
4. BONDS
It is further agreed that prior to, or concurrent with, the ex-
ecution of this AGREEMENT, the DEVELOPER shall execute and deliver to
the City Engineer a faithful performance bond running to the CITY, as
PAGE 3
obligee, and a labor and material bond running to the CITY and to all
contractors, subcontractors, laborers, material, men and other persons
•referred to in Chapter 2, Title 4, Part 3 of the Code of Civil
Procedure of the State of California, as obligees, said performance
and labor and materials bonds shall each be in the amount as estab-
lished in the Schedule of Bonds, Fees, and Deposit as set forth herein
at Page 2 (Parts A and B) and shall conform with the provisions of
Resolution 1591 of the City Council of Cupertino. Said bonds shall be
in a form acceptable to the City Engineer and shall be approved by him
prior to or concurrent with the execution of this agreement by the
CITY.
5. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all neces-
sary direct expenses for inspection, checking, etc. , incurred by CITY
in connection with said Tract, and that DEVELOPER shall have de-
posited with CITY, prior to execution of this AGREEMENT, the amount as
set forth herein at Page 2 (Part C) . Should construction cost vary
materially from the estimate from which said sum is calculated, the
City Engineer shall notify DEVELOPER of any additional sum due and
owing as a result thereof
6 . INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expenses allocable to processing
this improvement, the amount as set forth herein at Page 2 (Part D)
7 . MAP FILING FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AGREEMENT, for office checking of final map
and field checking of street monuments, in compliance with Section 4 :1
of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at Page 2 (Part E) .
8 . DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount set forth herein at
Page 2 (Part E) as a development maintenance deposit to insure proper
dust control and cleaning during the construction period. The de-
velopment maintenance deposit may be utilized for repairs of defects
and imperfections arising out of or due to faulty workmanship and/or
materials appearing in said work during the period until release of
the improvement bonds by the CITY. Should the DEVELOPER complete the
required repairs to the entire satisfaction of the CITY, the unused
balance will be returned after the release of the improvement bonds.
9 . STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge in
connection with said Project in accordance with the requirements es-
PAGE 4
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tablished in Resolution 4422, March 21, 1977 in the amount as set
forth herein at Page 2, (Part G) .
10 . ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount as set forth herein
at Page 2 (Part H) , which amount represents the power cost for street
lights for one year.
11 . INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as
deemed appropriate by the City Engineer, plant street trees in
conformance with the standards of the City of Cupertino. Variety of
tree shall be selected from the City approved list.
12 . PARK FEES
It is further agreed that the DEVELOPER shall pay such fees
and/or dedicate such land to the City, prior to execution, as is
required within "Park Dedication Ordinance" Number 602, 1972 and which
is further stipulated under Part J, Page 2 herein.
13 . MAINTENANCE OF THE WORK
It is further agreed that the DEVELOPER shall maintain the Work
(a) for a period of one ( 1) year after acceptance of the Work by the
City Council of the City of Cupertino, or (b) until all deficiencies
in the Work are corrected to conform to the Plans and the CITY stan-
dards and specifications for the Work, whichever is the later to oc-
cur. The DEVELOPER shall, upon written notice thereof, immediately
repair or replace, without cost or obligation to the City of Cuper-
tino, and to the entire satisfaction of said CITY all defects and
imperfections arising out of or due to faulty workmanship and/or
materials appearing in said Work.
14 . SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY,
upon execution of this AGREEMENT, a letter from the Cupertino Sanitary
District stating that the DEVELOPER has entered into a separate
AGREEMENT with the said District to install sanitary sewers to serve
all lots within said Tract and stating that a bond to insure full and
faithful performance of the construction of the said sanitary sewers
and to insure maintenance of said sanitary sewer in conformance with
the provisions as set • forth in Paragraph No. 13 above, have been
filed.
15. BUSINESS AND PROFESSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions
of Section 11603 , Article 8, Chapter 2 of the Business and Professions
Code, pertaining to special assessments or bonds, have ben complied
PAGE 5
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 Tract and stating that all necessary fees have been
deposited with said District to insure installation and five ( 5 ) year
rental fee of said hydrants.
17 . STREET LIGHTING - P. G. AND E. RATE SCHEDULE SHALL APPLY
It is further agreed that the DEVELOPER shall apply for the in-
stallation of electric power for street lighting at the earliest date
possible
18 . P. G. AND E. AND P. T. and T.
It is further agreed that the DEVELOPER shall pay to Pacific Gas
and Electric Company and/or to Pacific Telephone and Telegraph Company
any and all fees required for installation of overhead and/or under-
ground wiring circuits to all electroliers within said Tract and any
and all fees required for undergrounding as provided in Ordinance No.
331 of CITY when DEVELOPER is notified by either the City Engineer or
the Pacific Gas and Electric Company and/or Pacific Telephone and
Telegraph Company that said fees are due and payable.
19 . EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary
for completion of the project shall be acquired by DEVELOPER at his
own expense. It is provided, however, that in the event eminent domain
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 legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as
the CITY may require shall be deposited with CITY.
PAGE 6
•
20 . HOLD HARMLESS
It is further agreed that, commencing with the performance
. of the Work by the DEVELOPER or his contractor and continuing until
the completion of the maintenance of the Work as provided in Paragraph
13 above, the DEVELOPER shall indemnify, hold harmless and defend the
CITY from and against any or all loss, cost, expense, damage or li-
ability, or claim thereof, occasioned by or in any way whatsoever
arising out of the performance or nonperformance of the Work or the
negligence or willful misconduct of the DEVELOPER or the DEVELOPER' S
agents, employees and independent contractors.
21. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or shall
require any contractor engaged to perform the Work to take out, and
maintain at all times during the performance and maintenance or the
Work called for or required to be done hereunder, a policy of in-
surance naming CITY and members of the City Council of the City of
Cupertino, individually and collectively, and the officers, agents,
and employees of the CITY individually and collectively, as insured.
Said separate policy shall provide bodily injury and property damage
coverage to the foregoing named CITY and individuals covering all the
Work performed by, for, or on behalf of said Developer. Both bodily
injury and property damage insurance must be on an occurrence basis;
and said policy or policies shall provide that the coverage afforded
thereby shall be primary coverage to the full limit of liability
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 than $200, 000 .
(b) The DEVELOPER shall file with the City Engineer at or prior
to the time of execution of this AGREEMENT by the DEVELOPER such evi-
dence of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in cov-
erage without giving the City Engineer at least ten (10 ) days advance
notice thereof.
(c) In the event that the project covered herein should be mu-
tually situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the City of Cupertino shall
equally apply to municipality and political subdivision.
Page 7
•
• 22 . 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.
23 . TERMS AND CONDITIONS
It is further agreed that the above named terms and conditions
for the said Tract, shall bind the heirs, successors, administrators,
or assigns of the DEVELOPER. The assignment of this AGREEMENT shall
not be made without approval by the City Council of said CITY.
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 CU:ERT NO
dilktir
Approved as to fo m: Mayor: -sa. ''
97
Ity Attorney: City Cle
DEVELOPER: .1-1(-7-:: �7/l ,(
Notary Acknowledgment Required. By: �= (' ((;
Page 8
STATE OF CALIFORNIA )
ss.
• COUNTY OF SANTA CLARA)
On this day of day 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 whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
WITNESS my hand and official seal.
Notary Public -in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day of 1411 day of A pc;
in the year of iQQ13 , before me l rnmh L • C'hllrtrc' S
personally appeared C Ordari C . TheCQrI1
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.
— --q
�'�, OFFICIAL SEAL
4 et DEBORAH L CHILDRE55 Oulna..h
5j3'-?� NOTARY PUBLIC - CALIFORNIA Notary Public in and for the County
04,!17 ' SANTACIARA COUNTY of Santa Clara, State of California
My comm. expires AUG 5, 19E3
6/29/82
r ACKNOWLEDGEMENT BY SURETY
State of California )
) ss:
County of SANTA CLARA )
On APRIL 15th , 19 83 , before me personally appeared
G.A. VAN BUSKIRK
known to me to be an Attorney-in-Fact of Builders Mutual Surety Company, the corporation described in the
within instrument, and known to me to be the person who executed the said instrument as the act of Builders
Mutual Surety Company in accordance with authority conferred by said Company.
' I c'- OFFICIAL SEAL I. ' (A)../.2e=--'
♦ry DOROTHY R WITT �"``
1 F l NOTARY PUBLIC -CALIFORNIA '4ary Public
jx SANTA CLARA COUNTY
I Ci3gra My comm. expirex JAN 24, 1986 1
• Bond #210161
Executed in Duplicate
• ' ANNUAL PREMIUM $ 560.00
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
•
KNOW ALL MEN BY THESE PRESENTS:
THAT WE; DCE, INC.
as Principal and BUTi,:ERS MUTUAL SURETY ('OMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Twenty-Eight Thousand and no/100 Dollars
Dollars ($ 28,000.00
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
Trart 6936
located nn Almaden Avenue
in accordance with the approved Improvement Plans prepared by Jennings, McDermott and
Heiss. Inc. Civil Engineer
on file in the Engineer's Office, City of Cupertino.
WHEaZAS, 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 bondshall 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 WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety this 15th day of April , 1983
(To be signed by DCE, INC.
Principal and Surety
and acknowledgment) BY a—_ Cf C '
Principal
SGcr,tfes, c,
f
Surety •
BUILD ' . MUTUAL SURER=
By:
e torney-in-fact
ar4c2J
. VAN BUSKIRK
The above bond is accepted and approved this day of
19
•
•
STATE OF CALIFORNIA )) ss.
COUNTY OF SANTA CLARA)
day of
On this day of
in the year of ___________, before me
personally appeared
proved to me on the basis of satisfactory evidence)
personally known toh me (ar and acknowledged
to be the person whose executed subscribed to this instrument,
that he (she or they)
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
I
STATE OF CALIFORNIA ) ss.
COUNTY OF SANTA CLARA)
7
I () day of l ��r1`
On this day of (_, h, dreSS .
year of I , before me a PO fY;L
in the `��� ,
personally appeared A a 4 I '
personally known to me (or proved to me on the basis of satisfactory evidence)
y)
to be. the person fwhoeorpooratiohtherein namedinstrument
acknowledged to me that the
L� � or on behalf of the corp
corporation executed it.
i t'a hand and affixed my official
IN WITNESS WHEREOF, I have hereunto set my
seal in the County of Santa Clara the day and year in this certificate first
above written.
I
OFFICIAL. SEAL I �% di A. I. t`
---
Lail �";�' DEBORAH LCHILDRESS otary Public in and for the County
V`iiir •m NOTARY PUBLIC • CALIFORNIA of Santa Clara, State of California
SANTA CLARA COUNTY
My comm. expires AUG 5, 1983
WW1 iTZ1U101
Executed in Duplicate
Premium included w/Performance Bond
LABOR AND MATERIAL BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
DCE, 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
BUILDERS MUTUAL SURETY 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
Twenty-Eight Thousand and •no/100 Dollars
($ 28,000.00 ) .
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 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 SANTA CLARA )
ttooy" „_ __ • n
On this l 0 day of l l�!/�u� in the year of
1Q.g3 , before me hon2h L . CV Id -PSS
personally appeared Gordon C . e Car l
personally known to me (or proved 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 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.
,r
rwiriva.A5cy, O1 '
Notary Public in and for the County of
µ OFFICIAL SEAL Santa Clara, State of California
w.;
i DEBORAH L CHILDRS
m �" NOTARY PUBLIC -CALIFORNIA
.
* SANTA CLARA COUNTY
My comm. expires AUG 5, 1983
ACKNOWLEDGEMENT BY SURETY
State of California )
County of SANTA CLARA ) ss:
On APRIL 15TH , 19 $3 , before me personally appeared
G.A. VAN BUSKIRK
known to me to be an Attorney-in-Fact of Builders Mutual Surety Company, the corporation described in the
within instrument, and known to me to be the person who executed the said instrument as the act of Builders
Mutual Surety Company in accordance with authority conferred by said Company.
I OFFICIAL SEAL 1 ��1,b R 6/
Le DOROTHY R Win ^"Z
Wt. iS115 NOTARY PUBLIC -CALIFORNIA tary Public
ytnb',tl SANTA CLARA COUNTY
My comm. expires JAN 24, 1988
,
•
Labor and Material Bond 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 sane shall in any wise affect its obligations on this bond,
• and it does hereby waive notice of any such change, extension of .time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications .
IN WITNESS WHEREOF, this instrument has been duly executed, by the Principal
and Surety this 15th day of April , 19 83
• DCE, INC.
(To be signed by
Principal and Surety BY . Gi-06-- C
and acknowledgment Principal
and notarial seal
attached.)
•
Surety
BUILD S MUTUAL SURETY COMPANY
•
By: f affailj
Attorney-in-Fact G.A. VAN BUSKIRK
The above bond is accepted and approved this •`-day of
, 19_
•
1
BUILDERS NO. 259
l
MUTUAL v. (:4\
SURETY
• COMPANY 2 (Air) Home Office, Los Angeles, Cal.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the BUILDERS MUTUAL SURETY COMPANY, a corporation organized and existing
under the laws of the State of California, does hereby make, constitute and appoint
G. A. VAN BUSKIRK
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the
Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is
required, bonds, undertakings, recognizances, consents of surety and other written obligations in
the nature thereof as follows:
any and all bonds, undertakings, recognizances, consents of surety
and other written obligations in the nature thereof
and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding
upon said Company, as fully and amply, to all intents and purposes, as if they had been duly
executed and acknowledged by the regularly elected officers of the Company in their own proper
person.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to the
authority vested in the officers of the Company as set forth in the Resolution of the Board of
Directors of the BUILDERS MUTUAL SURETY COMPANY at a meeting called and held on the
10th day of February, 1977, of which the following is a true transcript of said Resolution:
"THAT WHEREAS, it is necessary for the effectual transaction of business that this Company
appoint agents and attorneys with power and authority to act for it and in its name;
THEREFORE, BE IT RESOLVED, that this Company do, and it hereby does, authorize and
empower its Chairman of the Board, its President or any Vice President, or its Executive Director,in
conjunction with its Secretary or any Assistant Secretary, under its Corporate Seal, to appoint any
person as attorney-in-fact, or agent of said Company,in its name and as its act, to execute and deliver
and affix the Seal of the Company thereto, and as defined or limited in their respective power of
attorney, any and all bonds, undertakings, recognizances, consent of surety or other written
obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or
agent and revoke the power and authority given to him."
This power of attorney is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Directors of BUILDERS MUTUAL SURETY COMPANY at a meeting
duly called and held on the 10th day of February, 1977.
"RESOLVED; that the signature of any officer authorized by the Board of Directors, and the
Company Seal, may be affixed by facsimile to any power of attorney or special power of attorney or
certification of either given for the execution of any bond, undertaking, recognizance or other
written obligation in the nature thereof; such signature and seal,when so used being hereby adopted
by the Company as the original signature of such officer and the original seal of the Company, to be
valid and binding upon the Company in the future,with respect to any bond or undertaking to which
it is attached."
IN WITNESS WHEREOF, the BUILDERS MUTUAL SURETY COMPANY has caused these
presents to be signed by its proper officers and its corporate seal to be hereunto affixed this ism
day of APRIL 19 83
BUILD ' S MUTUAL SURETY COMPANY
OCT 2 ek
i cc r S E A L O�O B,Aa—L-1 '
Qi
y..O `976 `.y0 i Fence Chairman
O'9<7Foa e' •
By,/� ",I/jam.
•
e`? Herman H. Petteg'.ve Secretary
State of California
) ss
County of Los Angeles )
On this 27th day of May , 19 82 before me, a Notary Public
of the State of California, came Lawrence Simieri the Chairman
andHerman H. Pettegrovt#te Secretary of BUILDERS MUTUAL SURETY COMPANY
respectively, personally known by me to be the individuals and officers described herein and who
executed the preceding instrument, and who acknowledged the execution of the same, and being
duly sworn by me, did depose and say, that they are the said officers of the Corporation aforesaid
and that the seal affixed to the preceding instrument is the Corporate Seal and signatures of the
aforesaid officers were duly affixed and subscribed to the said instrument by the authority and
direction of the said Corporation.
•
IN TESTIMONY WHEREOF, I have set my hand and affixed my Official Seal, at the City of
Los Angeles, the day and year first above written.
ALICE lB TURNER i ✓
NOTARY PUBLIC-CALIFORNIA } e
;i PRINCIPAL OFFICE IN e
+, ALAMEDA COUNTY Notary Public
Oapav ellien Npwa11 Oa 11,1St
My commission expires Pez / -sec
eea/e 701 (irrr) (over)
1 ..
i
CERTIFICATE E ,.I .
t
I Herman H. Pettegrove the undersigned Secretary of BUILDERS
MUTUAL SURETY COMPANY, do hereby certify that I have compared the foregoingopy of the .
Power of Attorney and affidavit, and the copy of the Resolutions of the Board of Dire tj}s as set
forth in the Power of Attorney, with the originals on file in the Home Office of said Company, and
that the same are full, true and correct copies thereof, and of the whole of the said originals, and
that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereto set my hand the 15th day of April
19 83
iii
Secretary
Herman H. Pettegrove