84-001 Michael Lynch, Lot line adjustment Stevens Creek Office Center/Improvement Agreement of Frontage located on Imperial Avenue Citi of Cupertino
10300 Torre Avenue - P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
December 14, 1983
Mr. George A. Mann
Santa Clara County Recorder
70 West Hedding Street
San Jose, CA 95110
DOCUMENT FOR RECORDATION
Will you please record the enclosed document as follows:
LOT LINE ADJUSTMENT - STEVENS CREEK OFFICE CENTER
One (1) certified copy of Resolution No. 6196. •
Resolution No. 6196: "A Resolution of the City Council of ‘the
City of Cupertino Approving Lot Line Adjustment Between Two
Parcels of Land Without a Parcel Map in Accordance with Section
66412 (d) of Subdivision Map Act as Amended January 1, 1980
Stevens Creek Office Center"
Thank you for your cooperation. •
Sincerely, •
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
7E184481
4: RETURN TO CITY NO ITER in ;",;:"^ F_D d4 Cc
OF CUPERTINO
10300 TORRE AVE.
FILED
REQUEST OF.
WITH GOSH CODE0103
CUPERTINO, CA 95014-=
tio1/4115 9 3•
1065'�� =1 s
RESOLUTION NO. 69J'A CL RECORDS
q '_ARA COUNTY
'.QnCE A. HAHNi •
';F ' ;TRAR RECORDER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO •
APPROVING LOT LINE ADJUSTMENT BETWEEN TWO PARCELS OF LAND
WITHOUT A PARCEL MAP IN ACCORDANCE WITH SECTION 66412 (d)
OF SUBDIVISION MAP ACT AS AMENDED JANUARY 1, 1980 STEVENS'
CREEK OFFICE CENTER
WHEREAS, there has been submitted to the staff a lot line adjustment
between Parcel 2 and Parcel 3 of map filed in the office of the County
Recorder on December 30, 1980, in Book 477 of Maps, Pages 51 and 52,
described in the attached Exhibits "A" and "B", and
WHEREAS, the City staff has reviewed the adjustment to see if a
parcel map is required; and
WHEREAS, in accordance with Section 66412 (d) of the Subdivision
Map Act this adjustment may be made without filing a parcel map;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Cupertino hereby approves the aforementioned lot line adjustment and
exempts it from the require.aents of the parcel map.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 31cr day of Ocrnha r, 1983 by the following
vote:
Vote Members of the City Council
AYES: ' Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
THIS ISc cERTIF.r TFV,T;;THe WITHIN
INSTRIJOIF ISATR;f1.5,At�D,6,6F.2?„ECTCOPY
ABSENT: None OF THc IINAL o4 rILI\ IC1;ti ita OFFICE.
£'''':SLLLLJJJJ L3
ATTEy�' ° ✓• Ie'. ,v 119
ABSTAIN: None i'
CITY di,al ❑F;TH'� G,11Y G ? ns:RTINo
ATTEST: APPROVED: eY • !i,;icIcy%
/s/ Dorothy Cornelius . /s/ John J. Plungy, Jr.
City Clerk Mayor, City of Cupertino
PARCEL 2
BEGINNING AT THE MOST SOUTHEAST PROPERTY CORNER OF LOT 2 , AS. SHOWN ON
THE AFOREMENTIONED PARCEL MAP, SAID POINT ALSO BEING THE. NORTHEAST
PROPERTY CORNER OF LOT 3 , AS SHOWN ON SAID MAP;
THENCE SOUTH 89°54 ' 03" WEST 57 . 50 FEET;
THENCE SOUTH 0°05 ' 57" EAST 37 . 00 FEET;
THENCE SOUTH 89°54 ' 03" WEST 91 . 57 FEET;
THENCE NORTH 0°05 ' 57" WEST 190 . 35 FEET;
THENCE NORTH 89°54 ' 03" EAST 149 . 34 FEET TO THE POINT OF BEGINNING;
AND CONTAINING 0 . 603 ACRES MORE OR LESS .
PARCEL 3
BEGINNING AT THE NORTHEAST PROPERTY CORNER OF LOT 3 , AS SHOWN ON
THE AFOREMENTIONED PARCEL MAP, SAID POINT ALSO BEING THE SOUTHEAST
PROPERTY CORNER OF LOT 2 , AS SHOWN ON SAID MAP;
THENCE SOUTH 0°00 ' 15" EAST 189 . 00 FEET TO STEVENS CREEK BOULEVARD;
THENCE ALONG THE RIGHT-OF-WAY LINE FOR STEVENS CREEK BOULEVARD
SOUTH 89°54 ' 03" EAST 210 . 88 FEET;
THENCE NORTH 0°05 ' 57" WEST 152 . 00 FEET;
THENCE NORTH 89 °54 ' 03" EAST 122 . 84 FEET;
THENCE NORTH 0°05 '57" WEST 37 . 00 FEET;
THENCE NORTH 89° 54 ' 03" EAST 57 . 50 FEET TO THE POINT OF. BEGINNING;
AND CONTAINING 0 . 677 ACRES MORE OR LESS .
PAGE 2 OF 2
1065 f"ti 687
•
LEGAL DESCRIPTION FOR
LOT LINE ADJUSTMENT
STEVENS CREEK OFFICE CENTER
ALL THAT CERTAIN PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, AND AS SHOWN ON THAT PARCEL
MAP FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER, SANTA
CLARA COUNTY, STATE OF CALIFORNIA, ON DECEMBER 30, 1980, IN BOOK
477 OF MAPS , AT PAGES 51 AND 52 , AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS :
PARCEL 1
BEGINNING AT THE MOST NORTHWEST PROPERTY CORNER OF LOT 1 , AS SHOWN
ON THE AFOREMENTIONED PARCEL MAP, ALONG THE RIGHT-OF-WAY LINE OF
ALVES DRIVE (60 ' WIDE) , EAST 159 . 98 FEET TO A POINT OF CURVATURE;
THENCE ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 170 . 00
FEET, THROUGH A CENTRAL ANGLE OF 31° 30 ' 00" , FOR AN ARC DISTANCE OF
93 . 46 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 230 . 31
FEET, THROUGH A CENTRAL ANGLE OF 31 "32 ' 20" , AN ARC DISTANCE OF
121 . 27 FEET;
THENCE NORTH 89°57 ' 40" EAST 34 . 23 FEET; •
THENCE LEAVING THE RIGHT-OF-WAY LINE FOR ALVES DRIVE, SOUTH 0°00 ' 15"
WEST 378 .80 FEET;
THENCE SOUTH 89°54 ' 03" WEST 149. 34 FEET;
THENCE SOUTH 0°05 ' 57" WEST 190 . 35 FEET;
THENCE SOUTH 89°54 ' 03" WEST 31 . 27 FEET;
THENCE SOUTH 0°05 ' 57" WEST 152 . 00 FEET TO STEVENS CREEK BOULEVARD :
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE FOR STEVENS CREEK
BOULEVARD SOUTH 89°54 ' 03" WEST 30 . 88 FEET;
THENCE NORTH 0°05 ' 57" WEST 194 . 00 FEET;
THENCE NORTH 89°54 '03" EAST 186 . 64 FEET;
THENCE NORTH 0°02 ' 15" WEST 585. 33 FEET TO THE POINT OF BEGINNING;
AND CONTAINING 4 .819 ACRES, MORE OR LESS . .
PAGE 1 OF 2
RESOLUTION NO. 6233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO APPROVING FINAL PLAN FOR THE
IMPROVEMENT OF FRONTAGE LOCATED ON IMPERIAL
AVENUE; DEVELOPER, MICHAEL LYNCH; AUTHORIZING
THE CITY ENGINEER TO SIGN THE FINAL PLAN;
AND AUTHORIZING EXECUTION OF AGREEMENT IN
CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council
for approval of the final plan for the improvement of
street frontage located at 10230 Imperial Avenue by Michael
Lynch; and
WHEREAS, there has been presented to the City Council a
proposed agreement for the construction of streets, curbs,
gutters, sidewalks, and for other imrovements, and good and
sufficient bonds, fees and deposits as set forth in Exhibit
"A", having been presented for the faithful performance of
said work and the carrying out of said agreement; and said
plan, agreement and bonds having been approved by the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED that said final plan for
the improvement of street frontage at 10230 Imperial Avenue
be and the same is, hereby, approved; and the City Engineer
is hereby authorized to sign said final plan; and the Mayor
and the City Clerk are hereby authorized to execute the
agreement herein referred to in behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City to Cupertino this 3rd day of January,
1984 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s! John J. Plunge, Jr.
Mayor, City of Cuepertino
ATTEST:
/s/ ilnrnthy f ni rnel ins
City Clerk
EXHIBIT "A"
SCHEDULE OF BOND, FEES AND DEPOSITS
DEVELOPMENT: Commercial Building
Michael Lynch
LOCATION: Imperial Avenue
A. Faithful Performance Bond: $23,000.00
Twenty—three Thousand and no/100 Dollars
B. Labor and Material Bond: $23,000.00
Twenty—three Thousand and no/100 Dollars
C. Checking and Inspection Fee: $ 1, 150.00
One Thousand One Hundred Fifty and no/100 Dollars
D. Indirect City Expenses: $ 173.00
One Hundred Seventy—Three and no/100 Dollars
E. Development Maintenance Deposit: $ 250.00
Two Hundred Fifty and no/100 Dollars
F. Storm Drainage Fee: $ 917.00
Nine Hundred Seventeen and no/100 Dollars
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: 50.00
Fifty and no/100 Dollars
J. Park Fee: N/A
K. Water Main Extension Deposit — Main Installation
L. Maps and/or Improvement Plans: By Developer
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AGREEMENT
This AGREEMENT made and entered into this 21st day of
November , 19 83 , by and between the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter
designated as CITY, and MICHAEL LYNCH, hereinafter designated as
DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
parcel map and is securing a building permit from CITY to construct
and maintain a commercial building, hereinafter referred to as
"Project. "
WHEREAS, CITY hereby approves the improvement plans and specifi-
cations prepared for the Project by Jennings, McDermott and Heiss; 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:
Page 1
• • SCHEDULE OF BONDS, FEES AND DEPOSITS
Improvement Category - N/A
PART A. Faithful Performance Bond: $23,000 .00
Twenty-Three Thousand and no/100 Dollars
PART B. Labor and Material Bond: $23, 000 .00
Twenty-Three Thousand and no/100 Dollars
PART C. Checking and Inspection Fee: $ 1,150 .00
One Thousand Fifty and no/100 Dollars
PART D. Indirect City Expenses: $ 173.00
One Hundred Seventy-Three and no/100 Dollars
PART E. Development Maintenance Deposit: $ 250 .00
Two Hundred Fifty and no/100 Dollars
PART F. Storm Drainage Fee: $ 917.00
Nine Hundred Seventeen and no/100 Dollars
PART G. One Year Power Cost: N/A
PART H. Street Trees: By DEVELOPER
PART I. Map Checking Fee: $ 50.00
Fifty and no/100 Dollars
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
Page 2
writing. The DEVELOPER agrees not to revoke said offer of dedication,
and to keep said offer open until the CITY accepts offer by resolu-
tion.
(b) Upon execution of this AGREEMENT the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real prop-
erty described in Exhibit "A", and such other executed conveyances, or
instruments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER' s sole cost and expense, to
the CITY:
(1) A preliminary title report issued by a title
insurance company relating to the property offered for
dedication; said Preliminary Title Report shall be
furnished by DEVELOPER.
( 2) A standard policy of title insurance issued by a
title insurance company and insuring the CITY in the sum
of : N/A, and which shall show said property free and clear
of all liens or encumbrances except those as the CITY shall
expressly waive in writing; said policy shall be furnished
at the time of acceptance of dedication and recordation of
deed.
(c) Upon the condition precedent that the DEVELOPER shall perform
each and every covenant and condition of this AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
(a) The DEVELOPER shall install and complete the Work within one
(1) year from the date of execution of this AGREEMENT, or such longer
period as may be specifically authorized in writing by the City En-
gineer. In the event the DEVELOPER fails or refuses to complete the
Work within the specified period of time, the CITY, at its sole op-
tion, shall be authorized to complete the Work in whatever manner the
CITY shall decide. In the event the CITY competes the Work, the CITY
may recover any and all costs incurred thereby from the DEVELOPER or
the DEVELOPER' s surety or both.
(b) The DEVELOPER shall install and complete the Work in a good
and workmanlike manner in accordance with the plans as approved by the
City Engineer of Cupertino. The Work shall be done in accordance with
existing ordinances and resolutions of the CITY and in accordance with
all plans, specifications, standards, sizes, lines and grades approved
Page 3
by the City Engineer. The Work shall be done in accordance with all
State and County Statutes applicable thereto. The decision of the
City Engineer shall be final as to whether any material or workmanship
meets the standards, specifications, plans, sizes, lines and grades as
set forth.
(c) It is further agreed that the Work shall be done in accor-
dance with the most current Standard Specifications of the Department
of Public Works, California Department of Transportation, State of
California, and in accordance with the specifications of the Cupertino
Sanitary District where applicable.
Wherever the words "State" or "California Division of Highways"
are mentioned in the State Specifications, it shall be considered as
referring to the CITY of Cupertino; also wherever the "Director" or
"Director of Public Works" is mentioned, it shall be considered as
referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino Sanitary District
shall take precedence over and be used in lieu of such conflicting
portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation
permit from the City Engineer before the commencement of any
excavation in, on, or under the surface of any existing public street,
lane, alley, sidewalk, or other public place. It is further agreed
that the DEVELOPER shall notify the City Engineer of the exact date
and time when the proposed excavation is to commence.
4. QUITCLAIM DEED
It is further agreed that DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to
CITY authorization to extract water from the underground strata laying
beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed
and Authorization" in favor of CITY, when presented to him for sig-
nature.
5. BONDS AND OTHER SECURITY
Page 4
•
(a) Upon, the execution of this AGREEMENT, the DEVELOPER shall
file with the CITY a faithful performance bond to assure his full and
faithful performance of this AGREEMENT. The penal sum of said faith-
ful performance bond shall be the full cost of any payment to be made
under this AGREEMENT, the value of any land agreed to be dedicated,
and any improvements to be made under this AGREEMENT. In the event
that improvements are to be made under this AGREEMENT, the DEVELOPER
shall, in addition to said faithful performance, file with the CITY a
labor and materials bond in a penal sum adequate to assure full pay-
ment of all labor and materials required to construct said improve-
ments. The amount of said bonds shall be as designated by the City
Engineer. Said bonds shall be executed by a surety company authorized
to transact a surety business in the State of California and must be
approved by the City Attorney as to form and by the City Engineer as
to sufficiency. In the event that the DEVELOPER shall fail faithfully
to perform the covenants and conditions of this AGREEMENT, or to make
any payment, or any dedication of land, or any improvements herein
required, the CITY shall call on the surety to perform this AGREEMENT
or otherwise indemnify the CITY for the DEVELOPER' s failure to do so.
(b) In lieu of a surety bond, the DEVELOPER may elect to secure
this AGREEMENT by depositing with the CITY:
(1) Cash; or,
( 2) A cashier' s check, or a certified check, payable to the order
of the City of Cupertino or,
(3 ) A certificate of deposit, or instrument of credit meeting the
requirements of Government Code Section 66499 (b) or (c) .
(c) The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the event that
the DEVELOPER shall fail faithfully to perform the covenants and con-
ditions of this AGREEMENT, or to make any payment, or any dedication
of land, or any improvements herein required, the CITY may apply the
proceeds of said security thereto.
(d) No release of surety bond, cash deposit, check, or certi-
ficate of deposit, shall be made except upon approval of the City
Council.
Page 5
•
•
(e) No interest shall be paid on any security deposited with the
CITY.
6. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all neces-
sary direct expenses for inspection, checking, etc. , incurred by CITY
in connection with said Project, and that DEVELOPER shall have depos-
ited with CITY, prior to execution of this AGREEMENT, the amount as
set forth herein at Page 2 (Part C) . Should construction cost vary
materially from the estimate from which said sum is calculated, the
City Engineer shall notify DEVELOPER of any additional sum due and
owing as a result thereof.
7. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
7A. MAP FILING FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AGREEMENT, for office checking of final map
and field checking of street monuments, in compliance with Section 4: 1
of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at Page 2 (Part I) .
8 . DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount set forth herein at
Page 2 (Part E) as a development maintenance deposit to insure proper
dust control and cleaning during the construction period. The devel-
opment maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or ma-
terials appearing in said work during the period until release of the
improvement bonds by the CITY. Should the DEVELOPER complete the
required repairs to the entire satisfaction of the CITY, the unused
balance will be returned after the release of the improvement bonds.
9 .A STORM DRAINAGE FEE
Page 6
•
•
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge in
connection with said project in accordance with the requirements
established in Resolution 4422, March 21, 1977 in the amount as set
forth herein at Page 2 (Part F) .
9 .B WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those
monies required to comply with "Policy on Water Main Extensions Work
and Deposits" dated 9/30/77. The deposit shall be held by the CITY
until said monies are needed to implement improvements outlined by the
Director of Public Works or improvements outlined within an adopted
Water Master Plan.
The amount shown herein at Part K, Page 2, shall be the full
amount due.
10 . ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior
to execution of this AGREEMENT, the amount as set forth herein at Page
2 (Part G) , which amount represents the power cost for street lights
for one year.
11. FEES FOR THE INSTALLATION OF STREET TREES
It is further agreed that the CITY shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance
with the standards of the CITY of Cupertino. Variety of tree shall be
selected from the City approved list.
12. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees
and/or dedicate such land to the CITY, prior to execution, as is re-
quired within "Park Dedication Ordinance" Number 602, 1972 and which
is further stipulated under Part J. , Page 2 herein.
13 . MAINTENANCE OF THE WORK
Page 7
•
•
• •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.
Page 11
•
IN WITNESS WHEREOF, CITY has caused its name to be hereunto af-
fixed by its Mayor and City Clerk, thereunto duly authorized by
resolution of the City Council and said DEVELOPER has hereunto caused
his name to be affixed the day and year first above written.
CITY OF CUPERTINO
Approved as to for ' . Mayor: :SL.aA
IP 010
City ittorn= ' O City Clerk: f
DEVELOPER:
By: 9 LA 4
STATE OF CALIFORNIA )
ss.
• COUNTY OF SANTA CLARA)
•
On this day of 21st day of Novembers
in the year of 1983 , before me Marian IT Marla, Nntnry Dnhlic
•
personally appeared Michael Lynch +
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. w �,
uCCCOuIUTumnh.hIu,CUCuiFuICCCCCCiuLCIISClECACLCCC.
OFFICIAL SEAL '
r r
±+ MARIAN L MADU Notary Public in nd or the County
P
NOTA:.? Ft:LIC • CALIFORNIA
� of Santa Clara, tate of California
ti-.l COUNTY OP SANTA CLARA
ry Comm, Exp. Jan, 10, 1908
vungu]03D77....:7ggai9gigaUg a1CZ13II61CCId1AA
11. 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
6/29/82
�y/q/p�
Certificate of Insurance
�,�rVI VD THIS CERTFICATE IS ISSUED AS A MATTER,OF INFORMATION ONLY AND CONFERS''NO: RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED.BELOW.
NAME AND ADDRESS OF AGENCY
ROLLINS BURDICK HUNTER COMPANIES AFFORDING COVERAGES
OF NORTHERN CALIFORNIA
P595.O. E. 51110 BLVD., COMPANY A Hartford Accident & Indemnity Co.
P.O. BOX 51110
PALO ALTO, CA 94303 COMPANY
TEL: (415) 86-6
5500 LETTER B Industrial Indemnity Company
NAME AND ADDRESS OF INSUREDCOMPANY //++
J. Michael Lynch and Joan B. Lynch LETTER �.r Fireman's Fund Ins. Co.
dba Cupertino Supply, Inc. COMPANY
10230 Imperial LETTER
Cupertino, CA 94014 COMPANY E
LETTER
This is to certify that policies of Insurance listed below have been issued to the Insured named above and are In force at this time. Notwithstanding any requirement,term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain,the Insurance afforded by the policies described herein is subject to all the
terms,exclusions and conditions of such policies.
COMPANY TYPE OFINSURANCE POLICY NUMBER POLICY I Limits of Liability in Thousands(000)
LETTEREXPIRATION DATE EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY
BODILY INJURY $ S
®COMPREHENSIVE FORM
®PREMISES-OPERATIONS PROPERTY DAMAGE S S
❑ EXPLOSION AND COLLAPSE
HAZARD
A ❑UNDERGROUND HAZARD
PRODUCTS/COMPLETED
OPERATIONS HAZARD BODILY INJURY AND
a CONTRACTUAL INSURANCE 57 SMP 525903 5-1-84 PROPERTY DAMAGE S 500 $ 500
BROAD FORM PROPERTY COMBINED
DAMAGE
�IXI��XIIINDEPENDENT CONTRACTORS
gg PERSONAL INJURY
PERSONAL INJURY S
AUTOMOBILE LIABILITY BODILY INJURY
(EACH PERSON) S
El COMPREHENSIVE FORM BODILY INJURY S
El OWNED (EACH ACCIDENT)
El HIRED
PROPERTY DAMAGE $
BODILY INJURY AND
A El NON-OWNED 57 SMP 525903 5-1-84 PROPERTY DAMAGE 1.500
COMBINED
EXCESS LIABILITY
BODILY INJURY AND
B a UMBRELLA FORM 0 89 XLB 157 96 31 5-1-86 PROPERTY DAMAGE $1,000 $1,000
❑ OTHER THAN UMBRELLA COMBINED
FORM
WORKERS'COMPENSATION STATUTORY
C and CP 853-5032 12-1-84 000 100
EMPLOYERS'LIABILITY $ r ,T,rH OINTI
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES It is hereby understood and agreed that the City of Cupertino
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 are hereby
named as additional insureds as their interest may appear. It is hereby agreed that this ins
urance is primary over any other insurance in rorce.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn-
pany will endeavor to mail —10— days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER;
City of Cupertino DATE ISSUED. -I2-19-63 _
Department of Public Works and Building Dept.
Cupertino, Ca. Rollinsaint Hunter of No. Ca./wje
UTHORIZED REPRESENTATIVE
ACCRD 25(1.79)
•
r -
- ANNUAL PREiIIUM $ 414.00
•
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND Bond #9713862
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENTS:
THAT 41E; J. Michael Lynch and Joan Lynch
as Principal and Fidelity and Deposit Company of Maryland
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Twenty-Three Thousand and no/100
Dollars ($ 23,000.00 )
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
a commercial building
located on Imperial Avenue
in accordance with the approved Improvement Plans prepared by Jennings, McDermott
and Heiss 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 21st day of November , 19 83 ' (
(To be signed by
Principal and Surety J. Michael nch Princi 1
end acknowledgment) -L--'
Principal Joan Lync
Fidelity and Deposit Company of Maryland -?
Surety
By:
�c. ,_, _
y Attorney-in-F Wilma Jean Evans
• The above bond is accepted and approved this day of
19
STATE OF CALIFORNIA On this 21st day of November in the year
r COUNTY OF Santa Clara Ninatecn NiinAraA Fight-y—Thrace (1481) before me
Mari an J. Madu , a Notary Public, State of California,
duly commissioned and sworn,personally appeared
Wilma Jean Evans
:11.1110::11:117111:11.i.C:7111:711::::11:11eoeee:ecuauo:eeeoeen personally known tome(or proved to me on the basis of satisfactory evidence)
IIAL SEAL to be thg Attorne in Fact of the corporation
AN .1. MADLJ that executed the within instrument, and also known to me to be the
:NC• . CALIFORNIA
� i--Alt COUNTY OF SANTA CLARA person who executed the within instrument on behalf of the corpora-
1 _ Comm. Exp. Jon. 70, 7986 tion therein named, and acknowledged to me that such corporation executed
a :,nmmuFtnnnenumlllll H18111111111 lllllllllllll® the same Fidelity & Deposit Insurance Company
At
IN WITNESS WHEREOF I have hereunto set my hand and affixed
a'
my official seal in the County of
The donna bc„y„ Ic ,he,may be proper tor usomelm* Santa Clara on the tit fo 'abo in this certificate.
rweabis and m no way en.a b Intended tea as aridity")mr The
taro d an etarq.The aLLfNuawa not=ken-warranty arrant oma egress a'mated asm
the legal veiny dairy madam or ab wkmtty el mese Gama In any*act traaeaion. tory bllc,State of California
Cowdery's Form No.28—Acknowledgement
to Notary Public—Corporation(C.C.Sees. 1190-1190.1) My commission expires 1-10-86 -•
•
•
•
STATE OF CALIFORNIA )
ss.
• COUNTY OF SANTA CLARA)
On this day of 21st day of November
in the year of 1983 , before me Marian J. Madu, Notary Pub]ir
personally appeared J. Michael Lynch and.Joan Lynrh
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. •
¢eocaeaeunsnooaetueF F I CenuanaFunauL j� /� G�;�'ti—"""`�
• OFFICIAL SEAL
L
, MARIAN J. MADU
:'•, ;:cir,: r NOTAT: 6Ut.LC - CALIFORNIA Notary Public in for the County
nig COUNTY OF SANTA CLARA of Santa Clara, S ate of California
Comm. Exp. Jan. 10, 1986
�unnncrionn n nuunuununempnuutn!
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
6/29/87
LABOR AND MATERIAL BOND
(Subdivision Improvements) Bond #9713862
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
.T Michael Lynch and Joan Lynch
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 Fidelity and Deposit Company of
Maryland
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 , companiesor 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-Three Thousand and no/100 Dollars
($ 23,000.00 ) ,
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 On this 21st day of November in the year
COUNTY OF Santa Clara Nineteen Hundred Eighty-Three (1983 before me
T"e Marian J. Madu
a Notary Public, State of California,
duly commissioned and sworn,personally appeared
Wilma Jean Evans
personally known to me(or proved to me on the basis of satisfactory evidence)
•
OFFICIAL SEA
to be the Attorney in Fact of the corporation
e
MARIAN J. MAW = that executed the within instrument, and also known to me to be the
NOTAnt POILmC - CALIFORNIA person who executed the within insent on behalf of the corpora-
COUNTY OF SANTA CLARA tion therein named, and acknowledged to me that such corporation executed
Comm. Exp. Jan. 10, 1986 a the same Fidelity & Deposit Insurance Company •
iIIIIIIIIIIIIIuIIlhIIIII111IIII.IIIIIIIIIIIIIIIIIIIIIImill
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal n the County of
_ Santa Cana
TN,dmanaM bony a general IPIn w1hYA maybe proper for use in simple on the datefo ave in this certificate.
Itarastw aM b no way act.P b beaded m a,t.as a statute for me
aM /aalanattonnThe eptinfer does rot make any warranty ether expresser as d . if-A-ei.G!J
to legal Walt/W WT/P IS4f CC the WtavMMy of these fomn In an/Irool(K transoms.
Cowdery's Form No.28—Acknowledgement Notar Public, State of California
to Notary Public—Corporation(C.C:Secs. 1190-1190.1) Rs.,rnmmiceinn anin.. 1-10-86
.
Labor and Naturioi Bond Page 2
And the said Surety, for value received, hereby stipulates , and agrees
that no change, extension of tirn. , alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension 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 21st day of November , 19 83
(To be signed by \--- (
Principal and Surety 1.7
and acknowledgment Principal Michael Ly ch
and notarial seal
attached.) Pri..eipal can oc
Fidelity and Deposit Company of Maryland
Surety
By: -!N
Attorney-in-Fadi Wilma Jean Evans
The above bond is accepted and approved this day of
, 19—
d
STATE OF CALIFORNIA )
ss.
• COUNTY OF SANTA CLARA)
On this day of 21st day of November
in the year of 1983 , before me Marian J. Madu, Notary Public '
•
personally appeared J. Michael Lynch and Joan Lynch
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 •
.
mmeempCmmmtlmlmmmmmmeammmmmemmmmmmeennmmmnmmmmmeeaet] ��
OFFICIAL SEAL
!an MARIAN J. MADU �0 J�
X otary Public in d r the County
P. v,z'
�' "® .1 NOTA:N 4a - CALIFORNIA
� T, COUNTY OF SANTA CLARA of Santa Clara, tate of California
Comm. Exp. Jan. 10, 1986 •
SlunnunnununnummammenunmmeenomumQ
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss. '
•
COUNTY OF SANTA CLARA)
On this day of day of
in the year of , before me
personally appeared m
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
Alnolg9
12.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: BALTIMORE,MD.
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland,by C. M, PECOT, JR. ,Vice-President,and C. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com-
pany, which reads as follows:
"The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-
in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any
bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds, and releases and assignments of judgments,
decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of
the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint Wilma Jean Evans of Palo Alto, California
•
s rue and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings, each in a penalty
not to exceed the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000).... . ...
e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section of the By-Laws of
said Company,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
'16th day of March , A.D. 19 76
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(SIGNED)
C. 11. ROBBINS By C. M. PECOT,, JR.
(SEAL) Assistant Secretary Vice-President
STATE OF MARYLAND 1 SS:
CITY OF BALTIMORE J
On this 16th day of March , A.D. 19 76before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore,duly commissioned and qualified ,came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described
in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,
severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year
first above written.
(SIGNED MELINA.A..T.a..HAA$ .
(SEAL) Notary Public Commission Expires.J?{1y..1,..-1.976.
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original
Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I
do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
21st day of November 1981.-.
L1419—Ctf. 199365 Assistant 'aviary