84-012 Iradj Ardjomand-Kermani, Improvement agreement, Alcalde & Cordova Rd f '
f .
RESOLUTION NO. 6299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY
LOCATED ON ALCALDE ROAD AT CORDOVA ROAD; DEVELOPER,
IRADJ ARDJOMAND—KERMANI; AUTHORIZING EXECUTION
OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL
MAP AND IMPROVEMENT PLANS •
WHEREAS, there has been presented to the City Council for
approval of the parcel map and improvement plans of property located
on Alcalde Road at Cordova Road; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, and
for other improvements, and good and sufficient bonds (letter of
credit) , 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 map, agreement, and bonds having been
approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said parcel map and improvement plans herein referred to ate
hereby approved.
b. The offer of dedication for street areas and all easements
is hereby accepted.
c. The City Engineer is hereby authorized to sign said
improvement plans.
d. The City Engineer and the City Clerk are hereby authorized
to sign said parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized to
execute the agreement herein referred to.
—1—
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Single-family Residence
Iradj Ardjomand-Kermani
LOCATION: Alcalde Road at Cordova Road
A. Faithful Performance Bond : $48,000.00
Forty-eight Thousand and no/100 Dollars
B. Labor and Material Bond : $48,000.00
Forty-eight Thousand and no/100 Dollars
C. Checking and Inspection Fee: 1,920.00
One Thousand Nine Hundred Twenty and no/100 Dollars
D. Indirect City Expenses: $ 288.00
Two Hundred Eighty-Eight and no/100 Dollars
E. Development Maintenance Deposit: $ 250.00
Two Hundred Fifty and no/100 Dollars
F. Storm Drainage Fee: $ 542.00
Five Hundred Forty-two and no/100 Dollars
Master Storn Drain Reimbursement by City to Developer upon
City Council Acceptance - $8,694.00.
G. One Year Power Cost : $ 36.00
Thirty-six and no/100 Dollars
H. Street Trees: By Developer
I. Map Checking Fee: $ 50.00
Fifty and no/100 Dollars
J. Park Fee: Zone E-2 $ 4,752.00
Four Thousand Seven Hundred Fifty-two and no/100 Dollars
K. Water Main Extension Deposit $ 2,920.00
Two Thousand Nine Hundred Twenty and no/100 Dollars
-3-
•
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Cupertino this 19th day of March, 1984 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Rogers, Plungy
NOES: None
ABSENT: Johnson, Sparks
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ John J. Plungy. Jr.
City Clerk Mayor, City of Cupertino
—2—
/
AGREEMENTit
•
This AGREEMENT made and entered into this A- -) .' day of
, 19W1, by and between the CITY OF CUPERTINO, ,a
municipal corporation of the State of California, hereinafter
designated as CITY, and IRADJ ARDJOMAND-KERMANI ; 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 single family residence, hereinafter referred to as
"Project. "
WHEREAS, CITY hereby approves the improvement plans and specifi-
cations prepared for the Project by Whaley and Asociates; 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: $48 , 000 . 00
Forty-Eight Thousand and no/100 Dollars
PART B. Labor and Material Bond: $48, 000 . 00
Forty-Eight Thousand and no/100 Dollars
PART C. Checking and Inspection Fee: $ 1, 920 . 00
One Thousand Nine Hundred Twenty and no/100 Dollars
PART D. Indirect City Expenses: $ 288. 00
Two Hundred Eighty-Eight and no/100 Dollars
PART E. Development Maintenance Deposit: $ 250 . 00
Two Hundred Fifty and no/100 Dollars
PART F. Storm Drainage Fee: $ 542. 00
Five Hundred Forty-Two and no/100 Dollars
Master Storm Drain Reimbursement by City to Developer
upon City Council Acceptance - $8 , 694. 00
Eight Thousand Six Hundred Ninety-Four and 00/100 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: $ 50 . 00
Fifty and no/100 Dollars
PART J. Park Fee: Zone E-2 $ 4, 752. 00
Four Thousand Seven Hundred Fifty-Two and no/100 Dollars
PART K. Water Main Extension Deposit $ 2, 920 . 00
Two Thousand Nine Hundred Twenty and no/100 Dollars
Page 2
•
PART L. Maps and/or Improvement Plans : By Developer
PART M. Property Acquisition Reimbursement to City: $ 3, 986 .00
Three Thousand Nine Hundred Eighty-Six and no/100 Dollars
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO-WIT:
1. DEDICATION
(a) The DEVELOPER offers to dedicate the real property shown
on Exhibit "A", which is attached hereto and made a part hereof by
reference. Said dedicated property shall be free and clear of all
liens or encumbrances except those which the CITY shall waive in
writing. The DEVELOPER agrees not to revoke said offer of dedication,
and to keep said offer open until the CITY accepts offer by resolu-
tion.
(b) Upon execution of this AGREEMENT the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real prop-
erty described in Exhibit "A", and such other executed conveyances, or
instruments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER' s sole cost and expense, to
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:
Page 3
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(a) The DEVELOPER shall install and complete the Work within one
(1) year from the date of execution of this AGREEMENT, or such longer
period as may be specifically authorized in writing by the City En-
gineer. In the event the DEVELOPER fails or refuses to complete the
Work within the specified period of time, the CITY, at its sole op-
tion, shall be authorized to complete the Work in whatever manner the
CITY shall decide. In the event the CITY competes the Work, the CITY
may recover any and all costs incurred thereby from the DEVELOPER or
the DEVELOPER' s surety or both.
(b) The DEVELOPER shall install and complete the Work in a good
and workmanlike manner in accordance with the plans as approved by the
City Engineer of Cupertino. The Work shall be done in accordance with
existing ordinances and resolutions of the CITY and in accordance with
all plans, specifications, standards, sizes, lines and grades approved
by the City Engineer. The Work shall be done in accordance with all
State and County Statutes applicable thereto. The decision of the
City Engineer shall be final as to whether any material or workmanship
meets the standards, specifications, plans, sizes, lines and grades as
set forth.
(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,
Page 4
lane, alley, sidewalk, or other public place. It is further agreed
that the DEVELOPER shall notify the City Engineer of the exact date
and time when the proposed excavation is to commence.
4. QUITCLAIM DEED
It is further agreed that DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to
CITY authorization to extract water from the underground strata laying
beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed
and Authorization" in favor of CITY, when presented to him for sig-
nature.
5. BONDS AND OTHER SECURITY
(a) Upon the execution of this AGREEMENT, the DEVELOPER shall
file with the CITY a faithful performance bond to assure his full and
faithful performance of this AGREEMENT. The penal sum of said faith-
ful performance bond shall be the full cost of any payment to be made
under this AGREEMENT, the value of any land agreed to be dedicated,
and any improvements to be made under this AGREEMENT. In the event
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:
( l) 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) .
Page 5
•
(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.
(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 ) .
Page 6
•
•
S . DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount set forth herein at
Page 2 (Part E) as a development maintenance deposit to insure proper
dust control and cleaning during the construction period. The devel-
opment maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or ma-
terials appearing in said work during the period until release of the
improvement bonds by the CITY. Should the DEVELOPER complete the
required repairs to the entire satisfaction of the CITY, the unused
balance will be returned after the release of the improvement bonds.
9 .A STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge in
connection with said project in accordance with the requirements
established in Resolution 4422, March 21, 1977 in the amount as set
forth herein at Page 2 (Part F) .
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
Page 7
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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
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
Paas 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, 030 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.
•
(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.
Donn 11
23. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assign and transferees of DEVELOPER. The assignment of
this AGREEMENT shall not be made without approval by the City Council
of the City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto af-
fixed by its 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 fo • MayorAl 1 ----4"11" ,_ S. 4
/ I I
At orn: • City Clerk:
DEVELOPER: IRADJ ARDJOMAND-KE tMANI
By:
Acknowledgement attached
nine 1 )
•
a
•
• STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day of 23rd day of February,
in the year of 1984 , before me . LOUISE MILLER
personally appeared IRADJ ARDJOMAND—KERMANI
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.
/ • //
LGUlS�BLICM- ILLCR -�
NOTARY PUPublic infor County
CALIFORNIA
No •ry an. the
My Commission
SANTA CIARA&pires COUNTYJuly9, 1985 .f Santa Clara, Stat- of California
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
. a Certificate of Insurance `
G®rd THIS CERTIFICATE IS ISSUED AS A'MATTER OF 'INFORMATION ONLY' AND CONFERS NO RIGHTS UPON. THE CERTIFICATE AOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE'POLICIES LISTED'BELOW. r ' "
NAME AND ADDRESS OF AGENCY ` '
COMPANIES AFFORDING COVERAGES
HUNTINGTON INSURANCE AGENCY •-
PO BOX 8627 coMP Y•A AETNA CASUALTY AND SURETY COMPANY
SAN JOSE, CA. 95155
(408) 269-6000 COMPANY B
LETTER
NAME AND ADDRESS OF INSURED /�
COMPANY C
IRADJ ARDJOMAND-KERMANI LETTER
2180 CANOAS GARDEN ROAD COMPANY D
SAN JOSE, CA. 95125 LETTER p
COMPANY b 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 POLICY Limits of Liability in Thousands I•0)
LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY -
i��J BODILY INJURY S $
00. OMPREHENSIVE FORM
• IE PREMISES—OPERATIONS PROPERTY DAMAGE S $
A ❑ EXPLLOOSSIRODN AND COLLAPSEHAZA05 GS 654384 FCA 6-14-83 TI
❑$•$T UNDERGROUND HAZARD 6-14-86
IL -RODUCTS/COMPLETED
��,$$ OPERATIONS HAZARD BODILY INJURY AND 1
IP ONTRACTUAL INSURANCE PROPERTY DAMAGE $ 300,008 s 300,004.
.f,BROAD FORM PROPERTY COMBINED
.(•..$ DAMAGE
',A' NDEPENDENT CONTRACTORS .
'P' .ERSONAL INJURY PERSONAL INJURY $
AUTOMOBILE LIABILITY BODILY INJURY $
(EACH PERSON)
0 COMPREHENSIVE FORM BODILY INJURY $
(EACH ACCIDENT)
0 OWNED
0 HIRED
PROPERTY DAMAGE $
BODILY INJURY AND
ElNON-OWNED
EXCESS LIABILITY
PROPERTY DAMAGE $
COMBINED
BODILY INJURY AND
❑ UMBRELLA FORM PROPERTY DAMAGE $ $
0 OTHER THAN UMBRELLA COMBINED
FORM
WORKERS'COMPENSATION 6-14-83 TO STATUTORY
AEMPLOYERS'LIABILITY 05 JC 171657 CCA 6-14-86 $ STATUTO• RYH,CC1DEXT1
• OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES ,
LOCATION OF PROPERTY: 22680 ALCALDE ROAD •
CUPERTINO, CAL.
Cancellation: Should any of the above desciibed policies be cancelled before the expiration date thereof- the issuing corn- ,
pany will endeavor to mail — 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: j ate-i\
, �. //� '�S.C�
CITY OF CUPERTINO, THE CITY COUNCIL OF THE DATE ISSUED: u W. L/V t V
CITY OF CUPERTINO, INDIVIDUALLY AND /
COLLECTIVELY, AND THE OFFICERS, AGENTS, jyllf 1 I
AND EMPLOYEES OF THE CITY OF CUPERTINO, , 4,/V S 1 'AA.s a
AUTHORIZED REPRESENTATIVE
INDIVIDUALLYMDCOLLECTIVELY
.1 , - ,, , .. HC , ! • _ .
i -ii i ' =
ACORD 25(1-79)
ACKNOWLEDGEMENT BY SURETY
f State of California
County of SANTA CLARA )
ss:
On FEBRUARY 1 7th , 19 R4 , before me personally appeared
G .A.VAN BUSKIRK
known to me to be an Attorney-in-Fact of Builders Mutual Surety Company, the corporation described in the
within instrument, and known to me to be the person who executed the said instrument as the act of Builders
Mutual Surety Compan'' `.` = • >- • = red by said Company.
OFFICIAL SEAL _
DOROTHY R WITT � �
{ 5� ^„�.` NOTARY PUBLIC - CALIFORNIA 1 � �/ad
4 4 bi :1' .t rpiat cnarw Notary P blic
4 tty a :m. €epi m: JAN 24, 1986
GENERAL ACKNOWLEDGMENT • NO.201
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State of California On this the 21st day of February 1984 ,before me,
SS.
County of _ Santa Clara Richard L. Dixon
the undersigned Notary Public,personally appeared
• Iradj Ardiomand-Kermani
R • �,. �, OFFICIAL SEAL - ❑ personally known to me ti
1 =Avh3 RICHARD L. DIXON i proved to me on the basis of satisfactory evidence
Or?{ 14.11 NOTARY PUBLIC-CALIFORNIA iscl subscribed to the 1
*" _t PRINCIPAL OFFFICE IN to be the person(s)whose name(s) ti
SANTA CLARA COUNTY w!inJnstrUhicent1
and ackn•• dged'that he executed it.• Mycommission expires Dec.9, 19ar1
„•,•— - ESS my hand and official -al. 1
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t6 Notary'sSignatu e 0
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7110 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O,Box 4625•Woodland Hills,CA 91364
t;
ANNUAL PREMIUM $ 960 .
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FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT 30ND BOND NO . 21.0371
(Subdivision Improvements)
:NOW ALL MEN BY THESE PRESENTS :
THAT WE, Iradi Ardiomand-Kermani
as Principal and BUILDERS MUTUAL SURETY. COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Forty-Eight Thousand and no/100
Dollars ($ 48,000.00 )
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 single family residence
located on Alcalde Road at Cordova
in accordance with the approved Improvement Plans prepared by Whaley and Assnriarec
Civil Engineer
on file in the Engineer's Office, City of Cupertino.
WWHEaEAS, 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 Lyth day of FFRRUARY , 19��.
(iso be signed by
Principal and Surety
,and acknowledgment)
Principal Iradj Ardjomand-Kermani
BUILDERS MUTUAL SURETY COMPANY
Surety
By: 2GfiK
Attorney-in-Fact G .A.VAN BUSKIRK
r
The above bond is accepted and approved this day of
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LABOR AND MATERIAL BOND
(Subdivision Improvements) BOND NO . 210371
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Iradj Ardiomand-Kermani
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors , shall fail to pay for any materials , provisions , provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and
BUILDERS MUTUAL SURETY COMPANY
as Surety, firmly bind ourselves , our executors , administrators , successors
and assigns , jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies , or corporations furnishing materials ,
provisions , provender or other supplies used in, upon, for or about the per-
formance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and all persons, companies or corporations lend-
ing or hiring teams , implements or machinery, for or contributing to said work
to be done, and all persons who perform work or labor upon the same, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person, in the just and full sum of
Forty-Eight Thousand and no/100 Dollars
($ 48,000.00 ) .
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.
ACKNOWLEDGEMENT BY SURETY
State of California
)
County of SANTA CLARA ) ss:
On FFRRTIARY 1 7th 1981 , before me personally appeared
G .A.VAN BUSKTRK
known to me to be an Attorney-in-Fact of Builders Mutual Surety Company, the corporation described in the
within instrument, and known to me to be the person who executed the said instrument as the act of Builders
PMutual Surety Company in accordance with authority conferred by said Company.
.s" OFFICIAL SEAL )SL.AW,A*
} e, DOROTHY R WITT No Public
r ,a - • NOTARY PUBLIC - CALIFORNIA
orCRRA COUNTY
'�•_+<^`' Gly c;r-:. t7i:e3 Ilii 24, 1986
GENERAL ACKNOWLEDGMENT NO.20
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State of California On this the 21st day of February 19$4_,before me,
SS.
County of Santa Clara Richard L. Dixon 1qt
the undersigned Notary Public,personally appeared 111
Iradj Ardjomand-Kermani
r ``�•^��,, OFFICIAL SEAL '
iS.y..�t. NOTRRICHARDICL DIXON CALIFORNIA personally known to me
aj^r PRINCIPAL OFFFlCE IN ® proved to me on the basis of satisfactory evidence n
• SANTA CLARA CouNry . to be the person(s)whose name(s) i s subscribed to the AV
My commission expires Dec.9, 1987, wit '• ' ument, .-• acknowledged that he executed it. a�V`I
ITNESS m hand and o ficial seal.
i
s= ./ ,.____
_� 1 Notary'- Sign.ture i
'C; xde..warr-+rrrrn...flr-en,re-rrrri•F'i•'.1neer Wae;>?40 �r?e?raaar JJ.�f ete:Pt.• ...� nFataon.+.r�r�
*0122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 87384
M• •
Labor and >lateri:l. Bond Page 2
And the said Surety, for value received, hereby stipulates , and agrees
that no change, extension of tim• , alteration or addition to the terms of
the contract or to the work to be 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 17th day of PPRRU&RY , 1984 •
(To be signed by
Principal and Surety tjtto-o M-.0 ---k
and acknowledgment Principal Iradj Ardjomand-Kermani
and notarial seal
attached.)
BUILDERS MUTUAL SURETY COMPANY
Surety
By: I . •�
Attorney-in-FactG .A.VAN BUSKTRK
The above bond is accepted and approved this _ day of
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BUMMERS 91a - _ NO. 259
• MUTUAL .
SURETY RM— -
id
' COMPANY _ I4 # Home Office;Los Angeles,Cal. - •,- . • c. ,
. POWER OF ATTORNEY '
• KNOW ALL MEN BY THESE PRESENTS: '
That the BUILDERS MUTUAL SURETY COMPANY, a corporation organized and existing
under the laws of the State of California, d•oes hereby make,,constitute and appoint .
G. A. VAN BUSKIRK • ,-, .
its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf•of the
Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is
required, bonds, undertakings, recognizances, consents of surety and other written obligations in
the nature thereof as follows: - ,
any and all bonds, undertakings, recognizances, consents of surety
and other written obligations in the nature thereat .•
and the execution of such bonds or undertakings,in pursuance of these presents, shall be as binding
upon said Company, as fully and amply, to all intents and purposes, as if they had been duly
executed and acknowledged by the regularly elected officers of the Company in their own proper
person. .
This Power of Attorney is executed, and may be certified to and may be revoked,pursuant to the
authority vested in the officers of the Company as set forth in the Resolution of the Board of
Directors of the BUILDERS MUTUAL SURETY COMPANY at a meeting called and held on the
10th day of February, 1977, of which the following is a true transcript of said Resolution:
"THAT WHEREAS, it is necessary for the effectual transaction of business that this Company
appoint agents and attorneys with power and authority to act for it and in its name;
THEREFORE, BE IT RESOLVED, that this Company do, and it hereby does, authorize and
empower its Chairman of the Board, Its President or any Vice President,or its Executive Director,in
conjunction with its Secretary or any Assistant Secretary, under its Corporate Seal, to appoint any
person as attorney-in-fact,or agent of said Company,in its name and as its act,to execute and deliver
and affix the Seal of the Company thereto, and as defined or limited in their respective power.of
ii attorney, any and all bonds, undertakings, recognisances, consent of surety or other written
obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or
agent and revoke the power and authority given to him." - •
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This power of attorney is signed and sealed by facsimile under and by the authority of the following •
Resolution adopted by the Directors of BUILDERS MUTUAL SURETY COMPANY at a meeting
duly called and held on the 10th day of February, 1977. -
"RESOLVED; that the signature of any officer authorized by the Board of Directors, and the .
Company Seal, may be affuted by facsimile to any power of attorney or special power of attorney or _
certification of either given for the execution of any bond, undertaking, recognizance or other
written obligation in the nature thereof; such signature and seal,when so used being hereby adopted
by the Company as the original signature of such officer and the original seal of the Company,to be •
valid and binding upon the Company in the future,with respect to any bond or undertaking to which
it is attached."
IN WITNESS WHEREOF, the BUILDERS MUTUAL SURETY COMPANY has caused these
presents to be signed by its proper officers and its corporate seal to be hereunto affixed this1•7th
day of Februarys:. 19 84 .
- to p is , , BUILD�' S MUTUAL SURETY COMPANY
OCT.2 B /��.._.t
Ai
aZa t A L� n Chairman
•...0
9(1974 940 • ence ,�I�/
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.1)i :;cOP.al'- B - LO�Is/
, 8'+
„ ,!'-- Herman H. P- -•p-• _ ecretary
State of California )
) ss '
County of Los Angeles )
•
On this 27th day of Maw , 19 82 , before me,a Notary Public
of the State of California, came Lawrence Sitnien the Chairman .
• andHexman H. Pettegrovdse Secretary of BUILDERS MUTUAL SURETY COMPANY
respectively, personally known by me to be the individuals and officers described herein and who
executed the preceding instrument, and who acknowledged the execution of the sime, and being
duly sworn by me, did depose and say, that they are the said officers of the Corporation aforesaid
• and that the seal affixed to the preceding instrument is the Corporate Seal and signatures of the
aforesaid officers were duly affixed and subscribed to the said instrument by the authority and
direction of the said Corporation. . -
IN TESTIMONY WHEREOF, I have"set my hand and affixed my Official Seal,at the City of
Los Angeles, the day and year first above written. -
• ' • i"see. ALICE LEE TURNER •
`I` '•y NTr Notary Public t tie�bccxtFasa.n c <. •�
PRINCIPAL OFFICE 1N
AIAMEDA COU
jtr ea wiia,soa Isom Oa rt,tsars
• _ My commission expires �r ��'�i—
0 CERTIFICATE 0 �<
I Herman H. Pettegrove the undersigned Secretary of BUILDERS- `
MUTUAL SURETY COMPANY, do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Resolutions of the Board of Directors as set
forth in the Power of Attorney, with the originals on file in the Home Office of said Company, and
that the same are full, true and correct copies thereof, and of the whole of the said originals, and
that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereto set my hand the 17th day of FEBRUARY ,
1984 •
-nw
. Secretary
Herman H. Pettegrvve
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