84-019 N. Speno Construct and Maintain Commercial Building AGREEMENT
This AGREEMENT made and entered into this 5th day
of April , 1984 , by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter designated as CITY, and N. SPENO, hereinafter
designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY and is
securing a building permit from CITY to construct and maintain a
commercial building, hereinafter referred to as "Project. "
WHEREAS, CITY hereby approves the improvement plans and
specifications prepared for the Project by Allied 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. "
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
Street Improvement Category: N/A
PART A. Faithful Performance Bond: $ 6, 500 . 00
Six Thousand Five Hundred and no/100 Dollars
PART B. Labor and Material Bond: $ 6, 500.00
Six Thousand Five Hundred and no/100 Dollars
PART C. Checking and -Inspection Fee: $ 390 .00
Three Hundred Ninety and no/100 Dollars
PART D. Indirect City Expenses: $ 59.00
Fifty-Nine and no/100 Dollars
PART E. Development Maintenance Deposit: N/A
PART F. Storm Drainage Fee: $ 1, 417. 00
One Thousand Four Hundred Seventeen and no/100 Dollars
PART G. One Year Power Cost: $ 72. 00
Seventy-Two and no/100 Dollars
PART H. Street Trees: By DEVELOPER
PART I. Map Checking Fee: N/A
PART J. Park Fee: N/A
PART K. Water Main Extension Deposit N/A
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. DEDICATION
A. The DEVELOPER offers to dedicate the real property
show on Exhibit "A", which is attached hereto and made a part
hereof by reference. Said dedicated property shall be free and
clear of all liens or encumbrances except those which the CITY
shall waive in writing. The DEVELOPER agrees not to revoke said
offer of dedication, and to keep said offer open until the CITY
accepts offer by resolution.
B. Upon execution of this AGREEMENT the DEVELOPER agrees
to deliver a properly executed grant deed to the CITY of the real
property described in Exhibit "A", and such other executed
conveyances, or instruments necessary to convey clear title as
herein required. The DEVELOPER shall provide, at the DEVELOPER' S
sole cost and expense, to the City:
( 1) A preliminary title report issued by a title insurance
company relating to the property offered for dedication;
said Preliminary Title Report shall be furnished by
DEVELOPER.
( 2) A standard policy of title insurance issued by a title
insurance company and insuring the CITY in the sum of:
N/A, and which shall show said property free and clear of
all liens or encumbrances except those as the CITY shall
expressly waive in writing; said policy shall be furnished
at the time of acceptance of dedication and recordation of
deed.
C. Upon the condition precedent that the DEVELOPER shall
perform each and every covenant and condition of this AGREEMENT,
the CITY agrees to accept said real property offered for
dedication.
2. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within
one (1) year from the date of execution of this AGREEMENT, or such
longer period as may be specifically authorized in writing by the
City Engineer. In the event the DEVELOPER fails or refuses to
complete the Work within the specified period of time, the CITY, at
its sole option, shall be authorized to complete the Work in
whatever manner the CITY shall decide. In the event the CITY
completes the Work, the CITY may recover any and all costs incurred
thereby from the DEVELOPER or the DEVELOPER' S surety or both.
B. The DEVELOPER shall install and complete the Work in a
good and workmanlike manner in accordance with the plans as
approved by the City Engineer of Cupertino. The Work shall be done
Page 3
in accordance with existing ordinances and resolutions of the CITY
and ill accordance with all plans, specifications, standards, sizes,
lines, and grades approved by the City Engineer. The Work shall be
• done in accordance with all State and County Statutes applicable
hereto. The decision of the City Engineer shall be final as to
whether any material or workmanship meets the standards,
specifications, plans, sizes, lines and grades as set forth.
C. It is further agreed that the Work shall be done in
accordance with the most current Standard Specifications of the
Department of Public Works, California Department of
Transportation, State of California, and in accordance with the
specifications of the Cupertino Sanitary District where applicable.
Wherever the words "State" or "California Division of Highways"
are mentioned in the State Specifications, it shall be considered
as referring to the CITY of Cupertino; also wherever the "Director"
or "Director of Public Works" is mentioned, it shall be considered
as referring to the City Engineer.
In case of conflict between the State 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 the DEVELOPER, when requested by the
CITY, shall quitclaim all his rights and interests in, and shall
grant to CITY authorization to extract water from the underground
strata laying beneath said project and DEVELOPER agrees to execute
a "Quitclaim Deed and Authorization" in favor of CITY, when
presented to him for signature.
5. 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,
Page 4
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 conipany authorized to transact a surety business in the
State of California and must be approved by the City Attorney as to
form and by the City Engineer as to sufficiency. In the event that
the DEVELOPER shall fail faithfully to perform the covenants and
conditions of this AGREEMENT, or to make any payment, or any
dedication of land, or any improvements herein required, the CITY
shall call on the surety to perform this AGREEMENT or otherwise
indemnify the CITY for the DEVELOPER' S failure to so do.
B. In lieu of a surety bond, the DEVELOPER may elect to
secure this AGREEMENT by depositing with the CITY:
1. Cash; or,
2. A cashier' s check, or a certified check payable to
the order of the City of Cupertino or,
3 . A certificate of deposit, or instrument of credit
meeting the requirements of Government Code Section
66499 (b) or (c) .
C. The amount of said cash, checks, certificate of deposit,
or instrument of credit shall be as designated by the City
Engineer, and shall be the equivalent to that which would have been
required had the DEVELOPER furnished the CITY with a surety bond.
In the event that the DEVELOPER shall fail faithfully to perform
the covenants and conditions of this AGREEMENT, or to make any
payment, or any dedication of land, or any improvements herein
required, the CITY may apply the proceeds of said security thereto.
D. No release of surety bond, cash deposit, check, or
certificate of deposit, shall be made except upon approval of the
City Council.
E. No interest shall be paid on any security deposited with
the CITY.
6. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all
necessary direct expenses for inspection, checking, etc. , incurred
by CITY in connection with said Project, and that DEVELOPER shall
have deposited with CITY, prior to execution of this AGREEMENT, the
amount as set forth herein at Page 2 (Part C) . Should construction
cost vary materially from the estimate from which said sum is
calculated, the City Engineer shall notify DEVELOPER of any
additional sum due and owing as a result thereof.
7. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to
processing these improvements, the amount as set forth herein at
Page 2 (Part D) .
Page 5
7A. MAP FILING FEE
• It is further agreed that the DEVELOPER shall deposit with
CITY, prior to execution of this AGREEMENT, for office checking of
final map and field checking of street monuments, in compliance
with Section 4: 1 of Ordinance No. 47 (Revised 12/04/61) of CITY,
the amount as set forth herein at Page 2 (Part I) .
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount set forth herein
at Page 2 (Part E) as a development maintenance deposit to insure
proper dust control and cleaning during the construction period.
The development maintenance deposit may be utilized for repairs of
defects and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said work during the
period until release of the improvement bonds by the CITY. Should
the DEVELOPER complete the required repairs to the entire
satisfaction of the CITY, the unused balance will be returned after
the release of the improvement bonds.
9A. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage charge
in connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as
set forth herein at Page 2 (Part F) .
9B. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those
monies required to comply with "Policy on Water Main Extensions
Work and Deposits" dated 9/30/77. The deposit shall be held by the
CITY until said monies are needed to implement improvements
outlined by the _Director of Public Works or improvements outlined
within and adopted Water Master Plan.
The amount shown herein at Part K, Page 2, shall be the full
amount due.
10 . ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior
to execution of this AGREEMENT, the amount as set forth herein at
Page 2 (Part G) , which amount represents the power cost for street
lights for one year.
11. THE INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as
deemed appropriate by the City Engineer, plant street trees in
conformance with the standards of the City of Cupertino. Variety of
tree shall be selected from the City approved list.
Page 6
12. PARK FEES
' It is further agreed that the DEVELOPER shall pay such fees
• and/or dedicate such land to the CITY, prior to execution, as is
required within "Park Dedication Ordinance" Number 602, 1972, and
which is further stipulated under Part J, Page 2 herein.
13. MAINTENANCE OF WORK
It is further• agreed that the DEVELOPER shall maintain the Work
until all deficiencies in the Work are corrected to conform to the
Plans and the City standards and specifications for the Work. The
DEVELOPER shall, upon written notice thereof, immediately repair or
replace, without cost or obligation to the City of Cupertino, and
to the entire satisfaction of said CITY, all defects and
imperfections arising out of or due to faulty workmanship and/or
materials appearing in said Work.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY,
upon execution of this AGREEMENT, a letter from the Cupertino
Sanitary District stating that the DEVELOPER has entered into a
separate AGREEMENT with the said District to install sanitary
sewers to serve all lots within said Project and stating that a
bond to insure full and faithful performance of the construction of
the said sanitary sewers and to insure maintenance of said sanitary
sewer in conformance with the provisions as set forth in Paragraph
13 above has been filed.
15. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all
provisions of Section 66493, Article 8, Chapter 4 of the Government
Code, pertaining to special assessments or bonds, have been
complied with.
16 . CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the
CITY, upon execution of this AGREEMENT, a letter from the Central
Fire Protection District of Santa Clara County, stating that the
DEVELOPER has entered into an AGREEMENT with said District to
install fire hydrants to serve said Project and stating that all
necessary fees have been deposited with said District to insure
installation and five (5) year rental fee of said hydrants.
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
Page 7
property and any and all fees required for undergrounding as
provided in- Ordinance No. 331 of CITY when DEVELOPER is notified by
either the City Engineer or the Pacific Gas and Electric Company
and/or Pacific Teltphone and Telegraph Company that said fees are
due and payable.
19 . EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way
necessary for completion of the Project shall be acquired by the
DEVELOPER at his own cost and expense. It is 'provided, however,
that in the event eminent domain proceedings are required by the
CITY for the purpose of securing said easement and right-of-way,
that the DEVELOPER shall deposit with CITY a sum covering the
reasonable market value of the land proposed to be taken and to be
included in said sum shall be a reasonable allowance for severance
damages, if any. It is further provided that in addition thereto,
such sums as may be required for legal fees and costs, engineering,
and other incidental costs in such reasonable amounts as the CITY
may require shall be deposited with the City of Cupertino.
20 . HOLD HARMLESS
It is further agreed that, commencing with the performance of
the Work by the DEVELOPER or his contractor and continuing until
the completion of the maintenance of the Work, the DEVELOPER shall
indemnify, hold harmless and defend the CITY from and 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
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 insurance against the loss covered by said
policy or policies, that other insurance shall be excess insurance
only.
Page 8
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. MAPS AND/OR IMPROVEMENT PLANS
It is further agreed that the DEVELOPER shall furnish CITY with
the following maps and/or plans at his own expense:
A. A mylar sepia and seven (7) prints of fully executed
parcel maps.
B. A mylar sepia and thirteen (13) prints of fully executed
tract maps.
C. A mylar sepia and eleven (11) prints of fully executed
improvement plans.
D. A direct duplicating silver negative microfilm aperature
card of all executed improvement plans and maps.
It is agreed that the sepia, prints and microfilm of maps will
be furnished within one month following recordation at the County
of Santa Clara.
It is also agreed that the sepia, prints and microfilm for
improvement plans will be furnished within one month following the
signing of the plans by the CITY.
23. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferrees of the DEVELOPER. The
assignment of this AGREEMENT shall not be made without approval by
the City Council of the City of Cupertino.
Page 9
(Individual) ��gyy
STATE OF CALIFORNIA 1 ` COMMONWEALTH LAND°
1 SS. TITLE INSURANCE COMPANY
COUNTY OF Santa Clara
on , March 26 , 1984 before me, William G. Mag 1ehyota yPW llcin and for said State,
peesonally appeared N. Speno
(known to me)
(or proved to me on the basis of satisfactory evidence)to be the person whose name 1 S_subscribed to the
within instrument and acknowledged that he
executed the same. JIthltialli!II!I!1!1lllllitlitl:lluRiil!1!lI!11i!!!111&I!aliil!lt@Itl'antti
WITNESS my hand and of ' 1 seal. = OFFICIAL SEAL
El .0:\ WILLII-1 G. PPAGLEBY
°� No-..,./ Jb Cite Cuhlornta 7
Sitature ( G%'�� = s Frinn,poi Utuc In the E.
V '-
— '4,. ' County of Santa Clara
=I My Ceram.Expire.: December 23,1986 E-
,
L :111LIIlli11i1",' ,isiiiall:ii:l lhl1lti;h!i:!iotl'2;lIt!filhllill111IIIIII
r
Form 3213(CA 12-82) (This area for official notarial wall
14,..
•
IN WITNESS WHEREOF, CITY has caused its name to be hereunto
affixed by its City Engineer and City Manager, thereunto duly
authorized by resolution of the City Council and said DEVELOPER has
hereunto caused his name to be affixed the day and year first above
written.
CITY OF CUPERTINO
Approved as to form:
City ManaaeretiA 41.
r :
4. 1.4cmi
City At .rney ti y oTiieer.•
DEVELOPER
•
N SPS
By: ?I 4715-7A-0
Notary Acknowledgement Required
rI
Page 10
•
(Individual)
STATE OF CALIFORNIA - iCOUNTY OF 1(ht P74-- GC-A'n'a'
SS.
On 3 12 co f hi before me, Loot - Se544 a Notary Public in and for said State,
personally appeared k hA t4it-4 p-. SPetro E wsr 4- 3)2c ilo
Gac. f/t. A- t�Wri2c„ro Al".4.-tel G )'t s.v ,
,(known to me)
(or proved to me on the basis of satisfactory evidence)to be the person 4._whose name_l--subscribed to the
within instrument and acknowledged thatt4-6y
executed the same.
WITNESS 12.00p and official seal.
OFFICIAL SEAL
rte• LORETTA SERPA
Signet lar i,�.11 d :y. �A• r">''g NOTARY PUBLIC•CALIFORNIA
I �Sy SANTA CLARA COUNTY
My Comm.Expires May 15,1987
Form 3213(CA 12-82) (TAU area for official notarial seal)
8 OFFICIAL SEAL g
8 .;r -. NIKKI L. SMITH
•
8 5ati: NOTARY PUBLIC-CALIFORNIA
State of California ) ss. $ .,.;. SANTA CLARA COUNTY g
County of Santa Clara ) (rye My Commission Expires April 19, 1985 2
vitsmpe,264'G1:7G),7'asaKRG);9GTaGy.n,s r7G]c c°
On this 26th day of March , 19 84 , before me, Nikki L. Smith, a
Notary Public in and for said Santa Clara County, State of California, duly commissioned
and sworn, personally appeared Ronald G. Speno personally known to me to
be the person who executed the within instrument as attorney-in-fact on behalf of
Ohio Casualty Insurance Company the Corporation therein named
, and acknowledged to me that they Corporation executed it.
IA ' IN WITNESS WHEREOF, I have hereunto set.my ha d and affiyd my officia seal, the
day and year stated in this certificate abpve. //
•
�� i
My commission expires 4/19/85. 2
/ Notary—'ublic
Bond No. 2-352-551-3 ANNUAL PREMIUM $ 117.00
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE; NICHOLAS A. SPENO, RONALD G. SPENO, ERNEST A. SPENO AND LUCILLE A. SPENO
as Principal and OHTO CASUALTY TNSTTRANrF MMPANv
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of SIX THOUSAND FIVE HUNDRED AND NO
/_10.0
Dollars ($6,500.00
lawful money of the United States, forthe 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
office building
located 18900 Stevens Creek Boulevard, Cupertino. California
in accordance with the approved Improvement Plans prepared by Allied Engineering, 3170
Williams Road, San Jose, CA 95117 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 26th day of March , 19 84
(To be signed by
Principal and Surety
and acknowledgment) by: --fa AA . /a •
rincipal % oC AA,-
OHIO. CASUALTY INSURANCE COMPANY
Surety
1 , / I
By: / ,
Attorney in- ct Ronald G. Speno
The above bond is accepted and approved this day of
19
• CERTIFIED COPY OF POWER OF ATTORNEY
THE OHIO CASUALTY INSUHAATCE COMPANY
ROMS rIO, x'f'TON, 01110 No. 15-999
•
3Caam AU melt by align frrau That THE OHIO CASUALTY INSURANCE COMPANY, In pursuance
of authority granted by Article V Section 7 of the By-Laws of aid Company, does hereby nominate, constitute and appoints
Ronald G. Speno -of 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 anddeed any and all BONDS,UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
TWO MILLION ($2,000,000.00 - -) Dopar.,
excluding, however, any bond(s) or undertaking(.) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents,,shall be as binding upon aid Company,
as frilly and amply, to all intents and purposes, as if they had been duty executed and acknowledged by the rsguLely
elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above.named attorney(.)-in-fact.
1lffr In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualty
Insurance Company has hereunto subscribed his name and affixed the Corporate Sal of the
SEAL
said The Ohio Casualty-Insurance Company this 3rd day of April 19 79-
' (Signed) Richard T. Hoffman
[f'
Asst. Secretary
STATE OF OHIO,
COUNTY OF BUTLER J
On this 3rd day of April A.D. 19 79 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Richard T. Hoffman, Asst. Secretary - - - of THE OHIO CASUALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow-
ledged the execution of the same, and being by me duly sworn deposeth and with, that he is the officer of the 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.
dmmnse IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official
$0, q Seal at the City of Hamilton. State of Ohio, the day and year first above written.
ex!+p:W!'rr_ t,� * (Signed) Dorothy Bibee
sae
**OS Notary.Public in and for County of Butler. State of Ohio
mm My Commission expires December 11 1981.
This power of attorney is granted under and by authority of Article VI,Section 7 of the By-Laws of the Company.adopted by
its directors on April 2, 1954, extracts from which read:
"ARTICLE vr
"Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge
and deliver any and all bonds, recognizance', stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of county or state,or the United States of America, or to any other political sub.
division."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27. 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact. the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal,
to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 26th day of 3 -A.D., 19 84.
G
j111)
Assistant Secretary
5-4300-C 12.80-3M •
Bond No. 2-352-551-3 Premium included in premium
LABOR AND MATERIAL BOND for Performance bond.
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
NICHOLAS A. SPENO, RONALD G. SPENO, ERNEST A. SPENO AND LUCILLE A. SPENO
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 , proyender 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 OHIO CASUALTY INSURANCE COMPANY
as Surety, firmly bind ourselves, our executors , administrators , successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons , companies , or corporations furnishing materials ,
provisions, provender or other supplies used in, upon, for or about the per-
formance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and all persons , companies or corporations lend-
ing or hiring teams , implements or machinery, for or contributing to said work
to be done, and all persons who perform work or labor upon the same, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person, in the just and full sum of
SIX THOUSAND FIVE HUNDRED AND NO/100
($ 6,500.00 ) .
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.
(Individual)
STATE OF CALIFORNIA
SS.
COUNTY OF S A141,4- CLQ- 4
On 3-26— EK before me, Lao e!?* SS 4* a Notary Public in and for said State,
personally appeared N/(-46 / ^` 9 C-72-0v-cs r A '\J^
^p •�
Gu c( ate- a S'(1e &-c1- 2 a,,, n-{d' G Swtro ,
,(known to me)
(or proved to me on the basis of satisfactory evidence)to be the person whose name subscribed to the
e.
within instrument and acknowledged that Ale
executed the same.
WITNESS my han• and official seal.
0 j ' / / OFFICIAL SEAL _
1 ,- LORETTA SERPA
Signatu / - _ L. _ B: NOTARY PUBLJC-CALIFORNIA I
/ .,,.�,�'r' SANTA CLARA COUNTY
`T— -My Comm.Expires May 15,1987 ;
Form 3213(CA 12-82) (This area for official notarial seal)
g OFFICIAL SEAL i;
,y.,�o�., NIKKI L. SMITH E
tk ,'e: NOTARY PUBLIC-CALIFORNIA
State of California ) ss ���kkk..- .- SANTA CLARA COUNTY g
County of Santa Clara ) 2My Commission Expires April 19, 1985 E
GNo:BGADOGx9GT:9GYBOQGYOGYBGY.9G?B6)..96 aG7
• On this 26th day of March , 19 84 , before me, Nikki L. Smith, a
Notary Public in and for said Santa Clara County, State of California, duly commissioned
and sworn, personally appeared Ronald G. Speno personally known to me to
be the person who executed the within instrument as attorney-in-fact on behalf of
Ohio Casualty Insurance Company the Corporation therein named
and acknowledged to me that the Corporation executed it.
IN WITNESS WHEREOF; I have hereunto set my hp d and affixed my of icial seal, the
day and year stated in this certificate ab e. /�
My commission expires 4/19/85. ill/
/ otary Pfic
Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications
accompanying the 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 26th day of March , 19 84 .
(To be signed by /
/
Principal and Surety by: 'J
and acknowledgment Principal yd
and notarial seal �J
attached.) 44.e.,AO 4, anNY
OLIO CASUALTY INSURANCE COMPANY
Surety
•
By:
A Corney-in=4ac Ronald G. Speno
The above bond is accepted and approved this day of
, 19_•
•
r
•
CERTIFIED COPY OF POWER
OF ATTORNEY
THE MHO CASUALTY INSURANCE
COMPANY
ttottl CflICV, HAMILTON, OHIO No.. 15-999
hosts Ali !Ilett : Bt frratdit That THE OHIO CASUALTY INSURANCE COMPANY, in immune
of authority granted by Article VI,Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
Ronald G. Speno of San .Tose, 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 any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
TWO MILLION ($2,000,000.00 - -) Dors,
excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding aria said Company,
no fully and amply, to all intents and purposes, as if they bad been duty executed and acknowledged by the regularly
elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above,named attorneys)-in-fact.
l fJss� In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualty
Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
said The Ohio Casualty Insurance Company this 3rd day of April 19 79-
EAL e
•
infras (Signed) Richard T. Hoffman
Asst. Secretary
STATE OF OHIO, l
COUNTY OF BUTLER J
On this 3rd day of April A. D. 19 79 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Richard T. Hoffman, Asst. Secretary - - - of THE OHIO CASUALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in, end who executed the preceding instrument, and he acknow-
ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the oQcer of the 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.
yenengs: � IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
od3,`�pW;71y@2 Seal at the City of Hamilton,State of Ohio, the day and year first abovo written.
=r. �w t: (Signed) Dorothy Bibee
S.C4V.rto Notary Public in and for County of Butler, State of Ohio
4kioingaarlefr My Commission expires December 11: 1981.
This power of attorney is granted under and by authority of Article VI. Section 7 of the By-Laws of the Company, adopted by
its directors on April 2, 1954, extracts from which read:
"ARTICLE VI"
"Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge
and deliver any and all bonds, recognizance$, stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or ante, or any official board or boards of county or state, or the United States of America, or to any other political sub-
division."
ub-
division"
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company os original signatures and seal,
to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
I, the undersigned Assistant Secretory of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 26th day of
3 A.D., 1984.
SEAL
Assistant Secretary
5-4300-C 12-80-3M