84-013 Canada Development Company, Improvement agreement, Tract No. 7282 Blancey Ave, South of Route 280 41.
RESOLUTION NO. 6290
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO.
7282 LOCATED BLANEY AVENUE SOUTH OF ROUTE 280 DEVELOPER
CANADA DEVELOPMENT CO. , INC. ACCEPTING CERTAIN EASEMENTS;
THEREWITH
WHEREAS, there has been presented to the City Council for approval and
authorization to record final map of Tract No. 7282 located on Blaney Avenue
south of Route 280 showing certain avenues, drives, places and roads by
Canada Development Co. , Inc.
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, 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 final map and improvement plans of Tract 7282, be and the same
are hereby approved.
b. The offer of dedication for roadway and for easements is hereby
accepted.
c. The City Engineer and the City Clerk are hereby authorized to sign said
final map.
d. The City Engineer is hereby authorized to sign the improvement plans.
e. The Mayor and the City Clerk are hereby authorized tc execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino -this tnrh day of March , 1984, by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy
NOES: None
ABSENT: Rogers, Sparks
ABSTAIN: None
ATTEST: APPROVED:
/c/ flnrnthy Cnrnalinc /S/ John J. Plungy, Jr
City Clerk Mayor, City of Cupertino
Resolution No. 6290
r
EXHIBIT "A" g&�
3.,
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Tract No. 7282 V
Canada Development Co. , Inc.
LOCATION: Blaney Avenue South of Route 280
A. Faithful Performance Bond: $70,000.00
Seventy Thousand and no/100 Dollars
B. Labor and Material Bond: $70,000.00
Seventy Thousand and no/100 Dollars
C. Checking and Inspection Fee: $ 2,800.00
Two Thousand Eight Hundred and no/100 Dollars
D. Indirect City Expenses: $ 420.00
Four Hundred Tweenty and no/100 Dollars
E. Development Maintenance Deposit: $ 295.00
Two Hundred Ninety-five and no/100 Dollars
F. Storm Drainage Fee: $ 1,390.00
One Thousand Three Hundred Ninety Dollars
G. One Year Power Cost: $ 36.00
Thirty-Six and no/100 Dollars
H. Street Trees: By DEVELOPER
I. Map Checking Fee: $ 118.00
One Hundred Eighteen and no/100 Dollars
J. Park Fee: Zone L-2: $19,656.00
Nineteen thousand Six Hundred fifty-six Dollars
K. Water Main Extension Deposti $ 0.00
L. Maps and/or Improvement Plans: By DEVELOPER
•
TRACT AGREEMENT
This AGREEMENT, made and entered into this 11th day
of March , 1984. by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter designated as CITY, and CANADA DEVELOPMENT CO. , INC. ,
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, said DEVELOPER desires to subdivide certain land
within the City of Cupertino in accordance with the map heretofore
filed with the City Council of the City of Cupertino, marked as
designated Tract 7282 Cupertino California, hereinafter designated
as the "Tract; " and
WHEREAS, said map shows certain courts, drives and roads which
are offered for dedication for public use; and
WHEREAS, CITY hereby approves the improvement plans and
specifications prepared for the Tract by Hoskins Engineering, a
true copy of said improvement plans and specifications are on file
in the Office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated herein by reference, the
same as though set out in full;
NOW, THEREFORE, said improvement plans and specifications shall
be hereinafter called the "Plans, " and the work to be done under
the Plans shall be called the "Work. "
Page 1
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
- hereby established the amounts of Bonds, Fees, and Deposits as set
forth in the following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
PART A. Faithful Performance Bond: $70, 000. 00
Seventy Thousand and no/100 Dollars
PART B. Labor and Material Bond: $70, 000. 00
Seventy Thousand and no/100 Dollars
PART C. Checking and Inspection Fee: $ 2, 800.00
Two Thousand Eight Hundred and no/100 Dollars
PART D. Indirect City Expenses: $ 420. 00
Four Hundred Twenty and no/100 Dollars
PART E. Development Maintenance Deposit: $ 295. 00
Two Hundred Ninety-Five and no/100 Dollars
PART F. Storm Drainage Fee: $ 1, 390.00
One Thousand Three Hundred Ninety 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: $ 118. 00
One Hundred Eighteen and no/100 Dollars
PART J. Park Fee: Zone L-2: $19, 656. 00
Nineteen Thousand Six Hundred Fifty-Six Dollars
PART K. Water Main Extension Deposit $ 0 .00
PART L. Maps and/or Improvement Plans: By DEVELOPER
Page 2
•
. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
• 1. 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
performed under the inspection and with the approval of the City
Engineer. The work shall be done in accordance with the existing
ordinances and resolutions of the City of Cupertino, and in
accordance with all plans, specifications, standards, sizes, lines
and grades approved by the City Engineer. The Work shall be done in
accordance with all State and County Statutes applicable thereto.
The decision of the City Engineer shall be final as to whether any
material or workmanship meets the standards, 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-4n- the 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. 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.
Page 3
•
•
3. 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:
4. 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 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 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.
Page 4
5. 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 sh-all notify DEVELOPER of any
• additional sum due and owing as a result thereof.
6 . INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to
processing these improvements, the amount as set forth herein at
Page 2 (Part D) .
7. MAP FILING FEE
It is further agreed that the 'DEVELOPER shall deposit with
CITY, prior to execution of this AGREEMENT, for office checking of
final map and field checking of street monuments, in compliance
with Section 4: 1 of Ordinance No. 47 (Revised 12/04/61) of CITY,
the amount as set forth herein at Page 2 (Part 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-bo ds ,by_-_ the CITY. Should
the DEVELOPER complete the required repairs to the entire
satisfaction of the CITY, the unused balance will be returned after
the release of the improvement bonds.
9. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge
in connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as
set forth herein at Page 2 (Part F) .
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 H) , which amount represents the power %cost for street
lights for one year.
Page 5
•
•
• 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.
• 12. PARK FEES.
It is further agreed that the DEVELOPER shall pay such fees
and/or dedicate such land to the CITY, prior to execution, as is
required within "Park Dedication Ordinance" Number 602, 1972, and
which is further stipulated under Part J, Page 2 herein.
13. MAINTENANCE OF WORK
It is further agreed that the DEVELOPER shall maintain the
Work: A. For a period of one (1) year after acceptance of the
Work by the City Council of the City of Cupertino, or B. Until all
deficiencies in the Work are corrected to conform to the Plans and
the CITY standards and specifications for the Work, whichever is
the later to occur. 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/ormaterials 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. BUSINESS AND PROFESSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all
provisions of Section 11603, Article 8, Chapter 4 of the Business
and Professions 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.
Page 6
17. STREET LIGHTING - P. G. and E. RATE SCHEDULE SHALL APPLY
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 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 Telephone and Telegraph Company that said fees are
due and payable.
19 . EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way
necessary for completion of the Project shall be acquired by the
DEVELOPER at his own cost and expense. It is provided, however,
that in the event eminent domain proceedings are required by the
CITY for the purpose of securing said easement and right-of-way,
that the DEVELOPER shall deposit with CITY a sum covering the
reasonable market value of the land proposed to be taken and to be
included in said sum shall be a reasonable allowance for severance
damages, if any. It is further provided that in addition thereto,
such sums as may be required for 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 as provided in
Paragraph 13 above, 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 City
individually and collectively, as insured. Said separate policy
Page 7
•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
ofliability 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 .
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. 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 Septembet 9, 1977. The deposit shall be
held by the CITY until said monies are ,needed to implement
improvements outlined by the Director of Public Works or
improvements outlined within an adopted Water Master Plan.
The amount shown herein at PART K, Page 2, shall be the full
amount due.
23 . 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.
Page 8
•
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.
24. TERMS AND CONDITIONS
It is further agreed that the above named terms and conditions
for the said Tract shall bind the heirs, successors, administrators
or assigns of the DEVELOPER. The assignment of this AGREEMENT shall
not be made without approval by the City Council of said CITY.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto
affixed by its Mayor and City Clerk, thereunto duly authorized by
resolution of the City Council and said DEVELOPER has hereunto
caused his name to be affixed the day and year first above written.
CITY OF CUPERTINO
Approved as to form:
ez.„_€2,
ity Attorn- C' ty Clerk r
DEVELOPER: MPDGA DEVELOPEMENT CORP .
dba Canada Development Company, Inc.
By:
Notary Acknowledgment Required.
Page 9
P
•
' STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day of day of
in the year of , before me
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA) - -- --_ '
On this day of 16th day of February
in the year of 1984 , before me Ruth Van Zanen
personally appeared ERNEST L. MILLER
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.
o
f OFFICIAL SEAL l`
kP RUTH VAN ZANEN r Notary Public in and the County
" � NOTARYPUBLIC -CALIFORNIA of Santa Clara, State of California
,ti ,; SANTA CLARA COUNTY
My comm. expires AUG 23, 1985 I,
6/29/82
STATE OF CALIFORNIA )
COUNTY OF Santa Clara ) ss.
On this 23rd day of February , 1984 , before me the
undersigned, a Notary Public in and for said County and State, personally
appeared Madelaine Gentry , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to this instrument as Attorney-in-Fact of Surety Insurance
Company of California and who being by me duly sworn, did depose and say:
that he/she is Attorney-in-Fact of Surety Insurance Company of California,
the Corporation described in and which executed the foregoing instrument;
that he/she knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted
to him/her in accordance with the By-Laws of the said Corporation and that
he/she subscribed the name of Surety Insurance Company of California as Surety
and his/her oc a iyiaen tAddco ey-in-Fact.
ac er
OFFICIAL SEAL jI
I �5 PIETY C. HAUGEN PR /
Notar.PrindPubllcPalOffice ICantonrnla
-•
' i
•.:,.• Santa Clara County (Notary Publi
My commission expires Feb. 24, 1986
oa°4c:0®nsZ '4101A-
5100-01 (Rev. 10/82)
i
F. Bond No. 553960
"Executed in Duplicate" MUM PREMIUM $ 1,400 per 2 year
term
• \• FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
KNOW ALL MEN 3`. THESE PRESENTS :
THAT WE;
MPDGA DEVELOPMENT CORPORATION
as Principal and SURETY INSURANCE COMPANY OF CALIFORNIA
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Seventy Thousand and no/100 Dollars
-Dollars ($ 70,000.00 )
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
Tract 7282
located Off Blaney Avenue near Beekman Place
in accordance with the approved Improvement Plans prepared by Hoskins Engineering
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 23rd day of February , 1984 .
MPDGA DEVELOPMENT CORPORATION
(To be signed by
Principal and Surety •
and acknowledgment) 4q(6
Principal
SURETY INS 'e' « COMPANY OF CALIFORNIA
urety 40
3y: L 1 • -
Attorney-in-Fact / a.elain Lr n
•
The above bond is accepted and approved this day/of
19
la
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day of day of
in the year of , before me
personally appeared •
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
•
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day-of 16th. day of February
in the year of 1984 , before me Ruth Van Zanen
personally appeared ERNEST L. MILLER
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.
(- OFFICIAL SEAL
RUTH VAN ZANEN 74 J
+ �q NOTARY PUBLIC -CALIFORNIA
Qin6it/
•
SANTA CLARA COUNTY Notar Pu. is in and fo/ he County
My comm. expires AUG 23, 1985 of Santa Clara, State or California
A/9Q/R9
•
"Executed in Duplicate" Bond No. 553960
•
LABOR AND MATERIAL BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
MPDGA DEVELOPMENT CORPORATION
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors , shall fail to pay for any materials , provisions , provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and
SURETY INSURANCE COMPANY OF
CALIFORNIA
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 orperformed 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.
parsons 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
Seventy Thousand and no/100 Dollars--
($ 70,000.00 ) .
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 sui_ is brought upon this bond,
such reasonable attorney's fee as shall be fixed by the Court.
This bond shall inure to the benefit of any and all persons , companies , and
corporations entitled to file claims under Section 1184.1 of the Code of Civil
Procedure, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
STATE OF CALIFORNIA ) ss.
COUNTY OF Santa Clara )
On this 23rd day of February , 19 84 , before me the
undersigned, a Notary Public in and for said County and State, personally
appeared Madelaine Gentry , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to this instrument as Attorney-in-Fact of Surety Insurance
Company of California and who being by me duly sworn, did depose and say:
that he/she is Attorney-in-Fact of Surety Insurance Company of California,
the Corporation described in and which executed the foregoing instrument;
that he/she knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted
to him/her in accordance with the By-Laws of the said Corporation and that
he/she subscribed the name of Surety Insurance Company of California as Surety
and his/her own name as Attorney-in-Fact.
eoeoe/eoeoe,fl
OFFICIAL SEAL
„O7Z4 PIETY PIETY C. HAUGEN
,
Notary
� . NoPublic
California Y 400
Pr Ot et <tartC1a
My commission expires Feb. 24, 1986
a ®r•�oeo�r�o®n®rcrro
5100-01 (Rev. 10/82)
ti Labor and "-iateria]. Lund Page 2
And the said Surety, for value received, hereby stipulates , and agrees
that no change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any, such change, extension 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 23rd day of _ February , 19 84 .
MPDGA DEV DPMENP CORPORATION
(To be signed by
Principal and Surety GXL��i� J/
and acknowledgment Principal
and notarial seal
attached.)
SURETY INS CE COMPANY OF CALIFORNIA
-- Surety
•
BY: ` .a_ . ..//i_ .�
Atti.rney-in-Fac'- Madela' Gentry
The above bond is accepted and approved this day of
, 19
.
•
4
i
I)
L
•
. STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On this day of day of .
in the year of , before me ,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA ) .
) ss.
COUNTY OF SANTA CLARA) ---
On this day-af 16th day of February ,
in the year of 1984 , before me Ruth Van Zanen ,
personally appeared ERNEST L. MILLER
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.
OFFICIAL SEAL ��Gl Q��
RUTH VAN ZANEN
.1.ga giV NOTARY PUBLICCALIFORNIA NOt-ry ' _b11C in and f the County
e SANTA CLARA COUNTY of Santa Clara, State of California
\' �_ My comm.'expires.AUG 23`1985
6/29/82
SURETY INSURANCE COMPANY
OF CALIFORNIA
"The Dollars and Sense Surety" HOME OFFICE IN LA HABRA, CALIFORNIA
P.O.BOX 2430
LA HABRA,CALIFORNIA 90631-1630
d
CERTIFIED COPY OF POWER OF ATTORNEY Na 3 54 7
KNOW ALL MEN BY THESE PRESENTS: That Surety Insurance Company of California, a California Corporation, having its
principal office in the City of La Habra, County of Orange, State of California, pursuant to the following By-Laws which were
adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit:
"Article IV, Section 7 (b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ-
ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the
authority given to them."
Has made, constituted and appointed and by these presents does make, constitute and appoint
Madelaine Gentryof San Jose, California
its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed, all of the following classes of documents, to wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given in any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misconduct of their employees, official,
surety and fidelity bonds.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in La Habra, California in their own proper persons.
IN W ErrR , Surety Insurance Company of California has caused these presents to be signed by its duly
rut J, b is c orate seal to be hereunto affixed this 2nd day of March , 19 83
of
C n SURETY INSURANCE COMPANY OF CALIFORNIA
INCORPORATED Tr-
_ _ o
N JAN. 31, 1969 ST By John F.Merrill
President
ST E O
coax
g4Igp W } ss:
On this 2nd day of March A.D. 19 8 3 before the subscriber,a Notary Public of the State
of California, in and for the County of Orange, duly commissioned and qualified, personally appeared John F. Merrill, President of
SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in,and
who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposed and said
that he is the officer of the said Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said
Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation,and that Article IV,Section 7 (b) of the By-Laws of said Company,referred to in the
preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the
day and year first above written.
• .....vs•ctiLL WROBEL
�" CIAL SEAL
JILL WROBEL
I
_ NOTARY PUBLIC-CALIFORNIA
Notary Public a� PRINCIPAL OFFICE IN
+ ., .,n
11' ORANGE COUNTY
". My Comm.Expires Aug.8,1986
CERTIFICATION
I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section
7(b) By-Laws of said company as set forth in said Power of Attorney, are now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name a affixed the corporate seal of the said Company
us 23rdaay of February 19 84 .
(SEAL) Secretary
'6"- 114(Rev.iO15I Phillip R. Gilbert