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83-030 Ronald and Shirley Edwards, Development AgreementIa FEE IN ACCORDANC.''•. 9529501 9429334 yh INTERIM CITY HALL WITH GOV CODE 3103 1 430,S. DeAnza Blvd. Np FEE IN Acer n~r.~ FILED FOR AT REQUEST OF RECORD Cupertino. CA 95014 I Srt4 ii 42Ali 'WI MICRO OFFICIAL RECORDS SANTA CLARA COUNTYLIENNOT - LAURIE KANE RESOLUTION NO. 7283 e RECORDER NOR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIPERTINCK 381.PAGE1631AUTHORIZINGEXECUTIONOFDEFERREDAGREEMENTWITH RONALD L. AND SHIRLEY A. EDWARDS FOR THE IMPROVEMENT OF ALONG CDRDOVA ROAD AT z.LK 292PAGE 674 WHEREAS, there has been presented to the City Council an agreement for Li the improvement of the street frontage along Cordova Road at Mercedes Road by Ronald L. and Shirley A. Edwards; and WHEREAS, said proposed agreement contains provisions for the LA construction of streets, curbs, gutters, sidewalks and for other improvements within a period of five (5) years and six (6) months from the k. date of execution of said agreement; and said agreement having been approved by the City Attorney; y NOW, THEREFORE, BE IT RESOLVED that the aforementioned agreement is hereby approved; and the City Engineer is hereby authorized to sign the final plans when presented by the developer; and the Mayor and the City 3 Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. R BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to file this agreement with the .Santa Clara County Recorder. z PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of August , 1987, by the following l vote: ct Vote: Members of the City Council qvi rn^ J4cSS •LII . THIS IS TO CE{+ I5Y IyW4AT•T.HE WITHIN C AYES: Gatto, Johnson, Plungy, Rogers, Spa ofTHE R GIIV•'4 gIL FLEDN THIS, OFFICEECT CY NOES: None O 7 ASSENT: None ATTEST ' ye 9 /1 Y t ABSTAIN: None CITY CLE v HE CITY Ir Prt9:tf 3fl,. 9Y ATTEST: APPROVED: e' .S OjTy oLERK,- sI J jn J,•'t•S . , c:n:) --).4-1,,, s/ Dorothy Cornelius s/ W. Reed Sparks i City Clerk Mayor, City of Cupertino ICH.A1 ,- 9529501 NO FEE IN ACCORDANCE INTERIM CITY HALL WITH 60V CODE 6103 10430 S. DeAnza Blvd,NO FEE IN ACCORD nCN - 7a Cupertino:CA 95014 W rT' rr r K 3 81 PAG E 16 3 2 AGREEMENT Q .29.2PAGE 675 CORDOVA ROAD @ MERCEDES ROAD This AGREEMENT made and entered into this 17th day of August 19 87 , by and between the CITY OF CUPERI'INO, a municipa1 corporation of the State of California, hereinafter designated as CITY, and RONALD L. AND SHIRLEY A. EDWARDS hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for A BUILDING PERMIT to construct and maintain SINGLE FAMILY DWELLING hereinafter referred to as "Project." WHEREAS, the CITY hereby agreea to permit DEFERMENT of the required development improvements in accordance with the provisions of this AGREEMENT; and; WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein and; WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans. to be prepared; and WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with conditions of development approval; and Page 1 292PAGE 67 WHEREAS, pursuant to the provisions of this AG2E Y T, :the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule:K381PAGE1633 SCHEDULE OF BONES, FEES AND DEPOSITS Improvement Category - N/A PART A. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: Deferred PART C. Checking and Inspection Fee: Deferred PART D. Indirect City Expenses: Deferred PART E. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: 232.00 TWO HUNDRED THIRTY TWO AND NO/100 DOLLARS PART G. One Year Power Cost: Deferred PART H. Street Trees: By Developer PART I. Map Checking Fee: Deferred PART J. Park Fee: Deferred PARS K. Water Main Extension Deposit: 1,686.00 ONE THOUSAND SIX HUNDRED EIGHTY SIX AND NO/100 DOLLARS PART L. Maps and/or Improvement Plans: Deferred Page 2 K 292PAGE 677 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION K 3 8 1 PAGE 1 6 3 4 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 encimibrances 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 resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property 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. 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 Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be 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 hereto. 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 292PAGE 678 C. It is further agreed that the Work shall be done in accordance— 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 C upert i no Sanitary District where applicable. KPAGE 6 3 5 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 conmmencement 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 bf the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the 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 signature. 5. BONES 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 faithful 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 bald in a penal stun adequate to assure full payment of all labor and materials required to construct said improvements. 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 so do. Page 4 II AGE 67.9 B. In lieu of a surety bond, the DEVELOP may elect to secure this AGREEMENT by depositing with the CITY: 1. cash; or, K 3 81 PAG E 16 3 6 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 conditions 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 certificate of deposit, shall be made except upon approval of the City Council. 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 necessary direct expenses for inspection, checking, etc. , incurred by CITY in - - connection with said Project, and that DEVELOPER shall have deposited 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 front 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 thPee improvements, the amount as set forth herein at Page 2 (Part D) . 7A. NAP 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 IS" herein at Page-2 (Part I) . N®FEErt. " -nyo3rs ,i nr-{T• Pae 5 10 7C o at co pa4rnc> m m hid rnC n i riQ plc RECORDED WITHOUT FEE UNDER o N SECTION 6103 GOVERNMENT CODE 41, K 381PAGE1637 K 222PAGE 6 . 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 development 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. 9A. STORM DRAINAGE. FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEXENT, 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) . 9B. DATER 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 the adopted Water Master Plan (PART K, Page 2) . 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 Lepresents the power cost for street lights for one year. 11. THE INSTALL ATIODT 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 isfurther 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. Page 6 K 381pAGE1638 13. r rrENANCE of WORK PAGE S 1 Itis 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 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 Project 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 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 Goverment Code, pertaining 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 Protection 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 installation of electric power for street lighting at the earliest date possible. 18. PACIFIC GAS AND FTFCTRIC/PACIFIC SELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Bell any and all fees required for installation -of overhead and/or undergrai l wiring circuits to all electroliers within said property and any and all fees required for undergrrnmiing 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 Bell that said fees are due and payable. Page 7 K292PAGE 682 19. EASEMENTS AND RIG[1T-OF-ThY K 3 81 PAGE 16 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 arra 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 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 completion 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 Workto 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 insu±ance 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 declarationsand 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 insurance 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 }+edify injury, $100,000 each person; 300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000.. Page 8 K3S1PAGEI64O Lja292PAGE '683 B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER 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 precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the Project covered herein should be mutually 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 furnishs CITY with the following naps and/or plans at his own expense: A. A mylar sepia and seven (13) prints of fully executed parcel maps. B. A mylar sepia and ten (11) prints of fully executed improvement plans. C. 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. 23. DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six (6) months notice from the CITY, in which event the Work must be completed within one (1) year thereafter, or in the absence of such notification, no later than five (5) years and six (6) months tiwu the date of this AGREEMENT, the following improvements: Page 9 pF1 ii,AA K381PAGE1642 COUNTY OF a-n-c-a. Clara as.INDIVIDUAL) On this 3rd day of August ty 8 ,before me,the undersigned,a Notary Public in and for said County,personally appeared **** Ronald L. & Shirley A. Edwards ** * Iiigqi/F- tACi'PCX r proved tome on the basis of satisfactory evidence m to be the person(s) whose name(s)kfare subscribed to the within instrument, Wz and acknowledged to me that they executed the same. w e. Witness my hand and official seal. ct IBOCCNBOGIBCAS41.96",000C:04,0t,ONSCASCCICCA E- 2g OFFICIAL SEAL A0$ r TAMMY NELSON f/(#617/ /,- 7 - i c: NOTARY PUBLIC-CALIFORNIA Notary Public in . , said County and State s `'rF SANTA CLARA COUNTY 2 My Commission Expires April 2, *9 r Name(Typed or Printed) This area for official notarial seal) 3403 (R6/82)1 OT ebgj 986T-£'nag) D Y PagDu4gV a Pte V sgTcTtpca guawbpaTmou4oe Ezegou azTnbaz sazngeu5T5 TTY SZTrroc.,ce.a)..N;; C; Xfr ag/ i aaoa 4 r iC5' I 0,1TP; Aeuzoggti AgTD Cr ,T-.q a r 7 1-• r 0 T' 0. i Ai/wag; og se panazddy r, i O„ ,»,jm 30 ASID uaggiznt anoge gsaT; aeeA pue Cep aqg pexT33e eq og aweu sTq Passe, ogunaaaq seq TnTOIHASO PTes Pue TTounOD AgTD aqg ;o uoTanTosaa Ag PazTaoggne ATnp ogunazatg '42513 'CgTD Pus aoAew 54T Aq pexT;;s ogunq eq og aueu s4T pasneo seq Liao '30CaH2HM SS3NSIM NI OP oun -xeano ;o A4T0 PM- uT sPueT xaggo egg ;o T; a ao. sT pue 'eouaaa;ez Aq ;oazaq g.zed a spew pue ogaaaq petpeg e ST UOTWt IgTRTgXg UT pauTeguoo sT goTgm ;o uoTgdT.zosep e 'pteT aqg 44-cm unz JN313au v5. - uT sgueuanoo atm. ;egg Pus ETuzo3TTep 3o agegg 'snip ewes 3o Agunoo aqg ;o aepzooau AgunoD eq 3o aoT.330 aqg trF paooaa aOJ PaiTJ aq TTug5 SIiaZ`muw 5Ttil ;egg ppogszepun Pte Paaabe sT ;i '2IIa01aMa Jo seaze;suexg pie subTsse 'saossaoons szognoaxa 'S1o4e24sTupupe 'szTaq at;} PuTq "(Tags itiawasuov sT4S 39VdIRN wa•Fv - uN@T xsiM .nx - saoss3DORS •4z sgunazduT eqg o uoTgotugsuoo pue uoTgBTTegsuT aqg aznoas og aTcFsea; sT roman 5Tqq JT gDTagsTp quawanozduT reauT a Jo uoTgewao; aqg buTpnrou-c 'mid anTgezed000 guToc p aapun uTazaq ggao; gas sguewanaiduT egg epTnazd O . SaTouabe oTTgnd aatigo pue Ajay aqg 'saaumo Agaedazd aatigo ggTet 'MID aqg Aq eoTgou uodn 'ageaad000 og saaabe aatpan; ?7ricrII[aO WI •peaaa;ep Agazaq axe paxaquinn suoTgaes pasde1e seq ettt gone ao '7'T'l ) Aq spew sT UOTgeaT;Tgou tens TTgufl 39Vdvs f EXHIBIT "A" Q STREET DEDICATION K 1 9 ?PAGE 6 8 rJ K 381PAGE 1643 An easement for street purposes over that certain real property situate in the City of Cupertino, State of California, more particularly described in the following: A strip of land 10' in width, measured @ right angles, said strip being adjacent and easterly of Parcel B as said parcel is delineated on that certain Record of Survey filed for record @ Book 226 of Maps, Page 42, Santa Clara County Recorder. Said 10' strip also being adjacent and westerly to Cordova (40' wide) as said road is delineated on "Map of Inspiration Heights, Monta Vista" filed in Book P" of Maps, Page 13. r K3S1PAGEI6I4 K29iPAGE 6SG MRCEC10 B v ivQRCFL i o- Iecor-J 0/J"ry K 381PAGE 1645 EXHIBIT "C" 112 9 2PAGE 6S7 y All of that certain real property situate in the City of Cupertino, County of Santa Clara, more particularly described in the following: All of Parcel B as said parcel is delineated on that certain Record of Survey filed @ Santa Clara Recorder @ Book 226 of Maps, Page 42. 1560 PAGE 140 45-I' ' RESOLUTION NO. 3339 8070628 t FINANCE DEPTH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE MINOR LMPROVEMENT JUL 11 1984 AGREEMENTS NOT INVOLVING LOT SPLITS WHEREAS, the present policy of the City requires builders and develop- ers to enter into an agreement executed and approved by the City Council covering City improvement requirements; and WHEREAS, many such agreements involve minor improvements not requir- ing lot splits; and WHEREAS, the conditions precedent to issuance of a building permit under the terms of the Unimproved Street Ordinance cover the requirements for said improvements; and WHEREAS, it would be to the benefit of property owners , developers, and the City to eliminate the need for scheduling of agenda items which may necessitate delays in implementation of projects; and WHEREAS, the City Attorney-has rendered the opinion that the policy 4- of approving such minor improvements may be adjusted to allow the City Manager the authority to enter into agreements on behalf of the City which stipulate the necessary requirements; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ap- prove the policy authorizing the City Manager to execute minor improvement agreements not involving lot splits in accordance with the conditions out- lined in the Unimproved Street Ordinance No. 546. All minor improvement agreements executed by the City Manager shall be reported to the City Coun- cil at its next meeting. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 5th day of September , 1972, by the following vote: AYES: Councilmen - Irwin, Jackson, Meyers, Sparks, Frolich. , NOES: Councilmen - None THIS IS TO CERTIFY,TUiT'T IIkE WITHIN INSTRUMENT IS ATRLIE ANI O$1.1: CT COPY DE THE ORIGINAL of F kE l l THHia OFFICE.ENABST: Councilmen - None P„r o ATTEST:APPROVED: tin- OLE- o • E CITY dr'7j ''-rINC i SY 1. l) CITY V K Vb s/ Wm. E. Ryder s/ Donald A. Frolich City Clerk Mayor, City of.Cunertino p .ti I566141 AGREEMENT This AGREEMENT made and entered into this day of 19 $'-( , by and between the CITY OF CUPERTINO, unicipal corporation of the State of California, hereinafter designated as CITY, and RONALD AND SHIRLEY EDWARDS, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY and has secured a building permit from CITY to construct and maintain a single family residence, hereinafter referred to as "Project. " WHEREAS, the CITY hereby agrees to permit DEFERMENT of the required development improvements in accordance with the provisions of this AGREEMENT; and; WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement plans and specifications at such time as they may be required by the City Engineer or as provided herein and; WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete installation of those improvements which will be required in accordance with those plans to be prepared; and WHEREAS, the DEVELOPER agrees to provide bonds, cash payments, or other guarantees as outlined herein to assure compliance with conditions of development approval; and Page 1 1560 NGE 142 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: SCHEDULE OF BONDS, FEES AND DEPOSITS Improvement Category - N/A PART A. Faithful Performance Bond: Deferred PART B. Labor and Material Bond: Deferred PART C. Checking and Inspection Fee: Paid PART D. Indirect City Expenses: Paid PART E. Development Maintenance Deposit: Deferred PART F. Storm Drainage Fee: Paid PART G. One Year Power Cost: Paid 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 651. 70 Six Hundred Fifty-One and 70/100 Dollars PART L. Maps and/or Improvement Plans: By DEVELOPER PART M. Water Main Installation Cost: 1, 152. 00 One Thousand One Hundred Fifty-Two and no/100 Dollars 1560AGE143 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 show 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 resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property 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 Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER' S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done Page 3 1560 NGE 144 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 hereto. 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 accordance 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 Specificationsand 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 the DEVELOPER, when requested by theCITY, 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 signature. 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 faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to bededicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 I560NE145 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 payment of all labor and materials required to construct said improvements. 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 so do. 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 conditions 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 certificate of deposit, shall be made except upon approval of the City Council. 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 necessary direct expenses for inspection, checking, etc. , incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited 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) . Page 5 7A. MAP FILING FEE 1560 '+G 146 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 development 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. 9A. 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) . 9B. 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 and 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. THE 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. Page 6 12. PARK FEES 1560 'JLGE 147 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 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 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 Project 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 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, pertaining 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 Protection 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 installation of electric power for street lighting at the earliest date possible. Page 7 1560 e!GE 148 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH 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 underground 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 Teltphone 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 theCITYforthepurposeofsecuringsaideasementandright-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 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 untilthecompletionofthemaintenanceoftheWork, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst 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 Cityindividuallyandcollectively, as insured. Said separate policyshallprovidebodilyinjuryandpropertydamagecoveragetotheforegoingnamedCITYandindividualscoveringalltheWork performed by, for, or on behalf of said DEVELOPER. Both bodilyinjuryandpropertydamageinsurancemustbeonanoccurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of Page 8 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 insurance 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 person; $300,000 each occurrence, property damage, $50, 000 on account of any one occurrence with an aggregate limit of not less than $200, 000. S. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER 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 precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the Project covered herein should be mutually 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 CountyofSantaClara. It is also agreed that the sepia, prints and microfilm forimprovementplanswillbefurnishedwithinonemonthfollowingthe signing of the plans by the CITY. 23. DEFERMENT It is further agreed that the DEVELOPER shall furnish, construct and install at his own expense, either upon six ( 6 ) Page 9 GENERAL ACKNOWLEDGMENT NO.201PICr tr. rr ir.irr_v rrrrrrrrrrrrrrrr ririrrrlrrrriilrrr.rrrirrirrrrrr.-sir i1yrrr.ririrr,rr r-) V, ` State of tdd On this the ay of 19 elbefore me, t tiCounty ofa Zetas} SS. Ito o y e lh' i /e/G S, ti Q the undersigned Notary Public, personally appeared ti cxScc cceGxecocce&ococcst;+ocoCOex9ce 4 ,•/ /-.. G•' / /. I OFFICIAL SEAL I personally known to me i Dorothy Marie Cornelius $ S proved to me on the basis of satisfactory evidenceti11x= ruuuc CALIFORNIA 9 to be the person(s)whose name(s) P subscribed to the \T '' SA-17A CLARA COUNTYS. Q within instrument,and acknowledged that Ey executed it. tiyal My Commission Expires April 1, 1988 a<k cwovTac cnrl il v 1 91111129 ewtinni ni u rnev nn nur....._w.......:.. ... ..... 1560 PAGE 150 months notice from the CITY, in which event the Work must be completed within one (1) year thereafter, or in the absence of such notification, no later than five ( 5) years and six ( 6 ) months from the date of this AGREEMENT, the following improvements: Asphalt street improvements, concrete curbs and gutters, street lights and appurtenances as required by the Director of Public Works. Until such notification is made by CITY, or such time has elapsed, Sections numbered 2 through 21, excepting 9, are hereby deferred. The DEVELOPER further agrees to cooperate, upon notice by the CITY, with other property owners, the CITY and other public agencies to provide the improvements set forth herein under a joint cooperative plan, including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. 24. SUCCESSORS - RUN WITH LAND - A.P.N. 357-05-006 This AGREEMENT shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and understood that this AGREEMENT shall be filed for record in the Office of the County Recorder of the County of Santa Clara, State of California and that the covenants in this AGREEMENT shall run with the land, a description of which is contained in Exhibit A, which is attached hereto and made a part hereof by reference, and is for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its City Manager and City Engineer, 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 Approved as to form: 6,-_1\r.if\14 Lit v 1 City Manager: A,1Milidekt i4r"A Thvhe Ci y Engi eer: 77.-Y • ATTEST Frara rt?. r X )D ELOPER: 4 1 Vii. - : 2 t City1eFlV r4a"v 4.<,*.:o c 1 All signatures `reguretn`otary acknowledgement. Exhibit A Attached. i 9NP oM1.W0Q wn s.n1 et—MRwt W 1W1N 10M OI/IC[ OF COUNii 955[930[ - SANTA CL COUNTY, CALIFORNIA I 0,36.3., .11. .9.0 1.1.0. uI. uul 357 lE nto co»•AS5tS ON 1 z 1 p W LAS PALMAS - MONTH VISTA Q P m a 1----4—SANTA PAULA .R T aas r®ie y AVENUE--2F t u A - we a - as a • it- aa'Z I is ''PM 37&MA r. 1a 14 QO / .1.11 laili • R••load • I io IGIst C w! i I 40 i[ S8 ' 3 ei 44 t° LI1I I u is. NA 9311f 11_ S 36 39 40 ° 62 63 T.r is 'ii PC.L. i9 aa,x_._J_ w t. 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I 560r'~GE153 (: B0.7062S OFFICIAL. Rf.CORDS SMHt, Gt.AHA COUNTY GEORGE A. MANN !;lfC.l'",TflAR RECOROEP RESOLUTION NO. 3339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE MINOR IMPROVEMENT AGREEMENTS NOT INVOLVING LOT SPLITS WHEREAS, the present policy of the City requires builders and develop- ers to enter into an agreement executed and approved by the City Council covering City improvement requirements; and WHEREAS, many such agreements involve minor improvements not requir- ing lot splits; and WHEREAS, the conditions precedent to issuance of a building permit under the terms of the Unimproved Street Ordinance cover the requirements for said improvements ; and WHEREAS, it would be to the benefit of property owners , developers, and the City to eliminate the need for scheduling of agenda items which may necessitate delays in implementation of projects ; and WHEREAS, the City Attorney has rendered the opinion that the policy of approving such minor improvements may be adjusted to allow the City Manager the authority to enter into agreements on behalf of the City which stipulate the necessary requirements; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ap- prove the policy authorizing the City Manager to execute minor improvement agreements not involving lot splits in accordance with the conditions out- lined in the Unimproved Street Ordinance No. 546. All minor improvement agreements executed by the City Manager shall be reported to the City Coun- cil at its next meeting. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 5th day of September 1972, by the following vote: AYES: Councilmen - Irwin, Jackson, Meyers, Sparks, Frolich NOES: Councilmen - None ABSENT: Councilmen - None ATTEST: APPROVED: s/ Wm. E. Ryder s/ Donald A. Frolich City Clerk Mayor, City of Cupertino AGREEMENT This AGREEMENT made and entered into this 3rd day of August 19 83 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and RONALD AND SHIRLEY EDWARDS, 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 residence, hereinafter referred to as "Project. " WHEREAS, CITY hereby approves the improvement plans and specifi- cations prepared for the Project by Nowack and Associates; 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 forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Page 1 Improvement Category - Category 2 (980-206. 43 ) PART A. Faithful Performance Bond: 20 ,000 .00 Twenty Thousand and no/100 Dollars PART B. Labor and Material Bond:20 , 000 . 00 Twenty Thousand and no/100 Dollars PART C. Checking and Inspection Fee:1,000. 00 One Thousand and no/100 Dollars PART D. Indirect City Expenses: 150 . 00 One Hundred Fifty and no/100 Dollars PART E. Development Maintenance Deposit: 250 .00 Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: 310 .00 Three Hundred Ten and no/100 Dollars PART G. One Year Power Cost:36.00 Thirty-Six and no/100 Dollars 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: Main Installation 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 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- Page 2 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 .A. 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 Page 3 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. 2.B. PROJECT COORDINATION OF PUBLIC IMPROVEMENTS The DEVELOPER agrees to allow the CITY to expand the scope of the project. The DEVELOPER shall then deposit with the CITY a cash amount equal to the bond amount outlined herein. The CITY will then call for public bids on the larger project and use the cash deposit to fund the improvements which were required for the building permit. The DEVELOPER agrees not to start his project until the necessary land acquisition has been accomplished. 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 Page 4 It is further agreed that DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and .Authorization" in favor of CITY, when presented to him for sig- nature. 5. BONDS AND OTHER SECURITY a) Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faith- ful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full pay- ment of all labor and materials required to construct said improve- ments. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER' S failure to do so. b) In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 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 Page 5 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. 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- Page 6 terials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9 .A STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said project in accordance with the requirements established in Resolution 4422, March 21, 1977 in the amount as set forth herein at Page 2 (Part F) . 9 .B WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77 . The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 10 . ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 11. FEES FOR THE INSTALLATION OF STREET TREES It is further agreed that the CITY shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the CITY of Cupertino. Variety of tree shall be selected from the City approved list. 12. PARK FEES Page 7 It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is re- quired within "Park Dedication Ordinance" Number 602, 1972 and which is further stipulated under Part J. , Page 2 herein. 13 . MAINTENANCE OF THE WORK It is further agreed that the DEVELOPER shall maintain the Work, until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfation of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this agreement, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the constructions of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. Page 8 15. GOVERNMENT CODE It is further 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 Page 9 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 the City of Cupertino. 20 . HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the com- pletion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER' s agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents, and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council, individually and collectively, and the officers, agents, and employees of the City, individually and collectively, have other in- surance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. a) Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each per- son; $300,000 each occurrence; property damage, $50 ,000 on account of any one occurrence with an aggregate limit of not less that $200,000 . b) The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evi- dence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least 10 days advance notice thereof. Page 10 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. 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. Page 11 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 Approved as to f•.ri : City ng' . - - i 441 City Attor- ey C' ty Manae -r: JEVELOPER: 411 /4 By: w" Acknowledgement Attached STATE OF CALIFORNIA ) ss. COUNTY OF r .) On this day of c1-7 day of in the year of /g93 , before me ' i. moi personally appeared Pj C it„, I// ç 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. OFFICIAL SEAL MAXWE A JACQUOT 74NOTARYPUBLIC -CALIFORNIA Notar Public in a•'i f o - the CountySANMATEDCOUNTYy\ My Comm expires AUG 22, 1986 of, State of California 2882 Sand Hill Road,Menlo Park,CA 94025 A/L t CORPORATION ACKNOWLEDGEMENT 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 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. Notary Public in and for the County of Santa Clara, State of California Y STATE OF CALIFORNIA, COUNTY OF. Santa Clara ss. On July 25, 1983 before me a Notary Public, within and for the said County and State, personally appeared Cheryl M. Burnand known tome(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COM P llt Y thereto as Surety,and his own name as Attorney in Fact. t nsusee v -i,•"Zs ROCHELLE P. WOESSNER w 5' NOTARY PUBLIC-CALIFORNIA J RIO i n4444/C9.0av ' PRINCIPAL OFFICE IN P SANTA CLARA COUNTY NOTARY PUBLIC 4y Commission Expires Fen.15,1988 instSINsillIneissOltratiumensosassasuss BOND• NUMBER 1034998 ANNUAL PREMIUM $ 2163 .00 Fikf HFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND Subdivision Improvements) C• KNOW ALL MEN BY THESE PRESENTS : O THAT WE; RONALD L. AND SHIRLEY A. EDWARDS as Principal and AMWEST SURETY INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of **EIGHT THOUSAND ONE HUNDRED FORTY******************************** Dollars 08, 140 .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 residence located on McClellan Road in accordance with the approved Improvement Plans prepared by Nowack and Associates Civil Engineer on file in the Engineer's Office, City of Cupertino. WHEREAS, 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 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 25th day of JULY 19 83 To be signed by Principal and Surety and acknowledgment) RONALD L. & SHIRLEY A. EDWARDS P!M .a1 S SURETYaINSURA i t& PANY Sur 1 2y: Cheryl /Burnand Attorney- ti-Fact The above bond is accepted and approved this c day o£ 19 STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of o2 day of in the year of /175 , before me cpn a n /yt, M h i P ( l/h PG S personally appeared accz 4 6 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.' coomG.,0o0OWX alogg official seal. 2 t OFFICIAL SEAL i%^ ! (!DOROTHY MARIE CORNELIUS J NOTARY PUBLIC-CALIFORNIA SAIVIH ,.LAP.A COUNTY Notary Public in and for the County My Commission Expires Feb. 17, 1984 4 of Santa Clara, State of California 64.9V.9GXtGl'4`li G`UL`l`.4‘, Uucl'ltAl4w. CORPORATION ACKNOWLEDGEMENT 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 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. Notary Public in and for the County of Santa Clara, State of California Si AMWEST SURETY INSURANCE COMPANY 6301 Owensmouth Avenue, Suite 304 2a ` a Woodland Hills; California 91367 fr . v; 4.4 Telephone 213: 704-1111 rci POWER OP.ATTORNEY' , \ , '.:\ KNOW ALL MEN BY THESE PRESENTS,That AMWEST SURETY'INSURANCE,COMP Nlr„A CALIFORNIA CORPORATION does hereby make, constitute and appoint GARY R. PETERSON JANICE DRUEZ-DYANNE A. CALAHAN—SHIRLEY PAIVA—CHERYL M. BURNAND—JOHN(E.` SAVAGE—SCOTT D. A,NSCHULTZl.MARGIE °WILSON—CATHERINE THOMPSON—ROCHELLE P. WOESSNER—DONNA,J.IROGENS—SUeBROWN-PAMELA\SCOTT'—WILHELMINA L. SNYDER G J.,SANDEN-JOSEPH M.,PANARI$I4,CHARLANNE KUCK its true and lawful Attorney(s)-in-Fact,with full"powerand'authbrityfor and on behalf pf the compenya's sutety,to exepdfe and deliver and affix,the seal of the company thereto ifaseal is required,bonds undertakings,recognizanceS or otherwrittenobligaatlons in the nature thereof,as follows: 0' f... rI 1/4,` CONTRACT, LICENSE; PERMIT, COURT&MISCELLANEOUS BONDS TOO$250 OOO.,OO r . 1andtobindAMWESTSURETYINSURANCEtCOMPANYtheiehjeand.all of'dhe act?of said Attorneys-in Fact,.pursuant to these presents, are hereby ratified and cgnffrmed. This appointment is madeunderand,,by'authority of to following provi- sions of the By-Laws of the coinpahy which renow In:.full,force and effect. 2 \ ' • s 't Article III, Section zof the By Laws of AMW.ESTsSURETY INSURANCE COMPANY \ yThisPowerofAttorneyis'Stgned+and Seatedby.facsijR le under and by the authority ofthe following resolutlons-adon, 1 ted by the board of directors pfAMWEST==SURETY INSURANCE COMPANY at a mgetin4 duly,„heldron pecember 15 197.51 I• jl / y J i, RESOLVED that the pi-gilder)!or'any vite pres.dent,•in conjunction with the.Secretary.orany assistant;secre tary,may appoint attorneys-in fait.of agents wjth,autborrty/as defined or limited iii the instrument eyldeneing the appointment'in:each.caserfor and on behalf,of the company to execute and deliver\and affixittte•seatofthe corn pang to bonds,;undeztaki fgs recogorzapces;and suretyship obligations of all kinds;and said officers may fain4ve any such attorney infactr,or agent artd 'revoke any powei e attorney previously granted to suoh person 40RESOLVED FURTKER tatsybond,pndertaking recognizance, orsmetythipobligationshallbe 'Vand and'¢mdmg•uponithe1Cofapany / rljl r 't h1 when signed by the president or any vice-president and attested and sealed'(if a ieaf•be required) by an, secretarrypr assistant secretatyfor st when signed by`therpresident or any vij.` Ali) or secretary,or-assistant,secretary,and cqunters{gned, j andsealed Di a,seal be requ;edfby, a duly aurthorized attorney-in-fact or agent,or i lhi)>when duty exeputed andseatE t flif a seal be required) by one or more"attorneys-iii-fact or agents pur suant ton,and{withrn.the Itrnits'of the au tht rity evidenced by the power of attorney issued by fheo company to such personOor persons ( j. f RESOLVED/FURTHER that the signature of any authorized officer and the,seal of_the.companynnayMe} affixed by facsimile`to/any power of attorney or certification thereof;-authorizing.the executionentl delivery o5r any pond, undertaking, recpgihzance, or other suretyship obligations of the company.;and suet: signature and;seal when so used shall have the same force and effect as though manually affixed'. r ` • IN WITNS 'WHEkEOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be hereunto affixed this 17th day of September 19 81 iNSu gryr WEST.SURETY.INSURANCE COMPANY 4. 41/4 O 1 2 4141' 119'” i•'-.4//////4/J rota I o4tIrOPNI fiSecretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES—ss On this 17thday of September A.D., 19 81, personally camebefore me Richard H. Savage. and Marge Schneider to me known to bethe individuals and officers of AMWEST SURETY INSURANCE COM- PAN Y,CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the,same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and thatthe seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signaturesas such officers were duly affixed and subscribed to the said instrument by the authority of the-board of directors of said corporation. OFFICIAL SEAL t„ ay` t DYANNE A. CAL1AN J1- ''// f `` 1 1,. NOTARYPUBLIc.CALIFONNIA SEAL) I I 7. PRINCIPEL OFCICE IN vJ M1 I LOS ANGELES COUNTY U// Notary Public H0;1,- - My Commission Exp.Mar.29,1985 MMMMMMMMMMMMMMMMMMM mamma STATE OF CALIFORNIA,:COUNTY OF LOS ANGELES —ss CERTIFICATE I, the undersigned, secretary of the.AMWEST SURETY INSURANCE COMPANY , a California corporation, DO HEREBY CERTIFY that the foregoing and attached. Power of Attorney remains in full force and has not been revoked; and furthermore; that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. San Jose, Calif. 25th July 83. Signed and sealed at this day of - _ jr///(,(///- 19 . yJpEvv INtOq,,ryCe,11 C'C+gyp ea' AW-2 3 ePoRq,F °o t I I` r: -.- ° -•iif Secretary 11 1Y 1 19th es il•..a/O,ORe1R e BOND NUMBER 1034998 LABOR AND MATERIAL BOND o O Subdivision Improvements) 4u KNOW ALL MEN,BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and RONALD L. AND SHIRLEY A. EDWARDS 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 AMWEST SURETY 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 EIGHT THOUSAND ONE HUNDRED FORTY********************************* 8, 140.00 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, COUNTY OF._ Santa Clara ss. On _._ __ July 25, 1983 before me a Notary Public, within and for the said County and State, personally appeared Cheryl M. Burnand known to me(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMP A Y thereto as Surety,and his own name as Attorney pM metunIY/I1H11nunummen1uumsuo in Fact. ROCHELLE P. WOESSNER NOTARY PUBLIC-CALIFORNIA 4 $ ,. ,PRINCPAL OFFICE IN, SANTA CLAVA COUNTY NOTARY PUBLIC F. ty Commisnon Eep;tm,.Feb 15.1986 Wann%%%nria.A.nva,rnva;,.nntnaasseenneveu iI J t Labor and Nateric'i i;ond Page 2 And the said Surety, for value received, hereby stipulates , and agrees that no change, extension of time, alteration or addition to the termsof the contract or to the work to be performedthereunder 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 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 25th day of JULY 19 83 . RONALD L. AND SHIRLEY A. EDWARDS To be signed by Principal and Surety71 i/,tQ. l S and acknowledgment incipal and notarial seal attached.) AMESSRj SURETY INSURANCE COMPANY S uie ty // 7:- By: Attorney/i 7act Cheryl M. :urnand Theabove bond is accepted and approved this day of 19 Si STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of of/p day of Vet /l/ in the year of /?(F:...3 , before me —Do to 01-47 ML,9, L- ane/eLl , personally appeared An /o/ .. . a hd n r,0 ley /7, tNeu<Q/2 cls , 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. cococomcococomcc.9“96, (,,(94,ucoct, 2 OFFICIAL SEAL 9 2 '" '' DOROTHY MARIE CORNELIUS 6 r_ 'ia.r.. / t - - o NOTARY PUBLIC-CALIFORNIA Notary Publi "in and for the CountyI SANTA CLARA COUNTY of Santa Clara, State of California RMy Commission Expires Feb. 17, 1984 6 CORPORATION ACKNOWLEDGEMENT 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 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. Notary Public in and for the County of Santa Clara, State of California