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84-078 Kinst, William- Pasadena Associates, Tract 7960, Resolution(s) #7174,7181,#7670,#8203 AGREEMENT This AGREEMENT made and entered into this 5th day • of November , .19 84 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and PASADENA ASSOCIATES hereinafter designated as DEVELOPER, WITNESSETH WHEREAS, the DEVELOPER has made application and is securing a building permit from CITY to construct and maintain--a commercial development, hereinafter referred to as •Project. • WHEREAS, CITY hereby approves the improvement plans ,and specifications prepared for the Project by Nelson 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: $38, 000.00 Thirty Eight Thousand and no/100 Dollars PART B. Labor and Material Bond: $38,000.00 Thirty Eight Thousand and no/100 Dollars PART C. Checking and Inspection Fee: $ 2, 280.00 Two• Thousand Two Hundred Eighty and no/100 Dollars PART D. Indirect City Expenses: $ 340.00 Three Hundred Forty and no/100 Dollars PART E. Development Maintenance Deposit: $ - 250.00 2 . Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: $ 1,089.00 One Thousand Eight Hundred Eighty-Nine 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 Ch=ticking Fee: N/A PART J. Park Fee: • N/A PART K. Water Main Extension Deposit: Main Installation • PART L. Maps and/or Improvement Plans: By DEVELOPER Page 2 • • NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: DEDICATION The DEVELOPER offers to dedicate the real prope y shown on Exhibit "A", which is attached hereto and made a •art hereof by r- erence. Said dedicated property shall be f -e and clear of al liens or encumbrances except those which he CITY shall waive in riting. The DEVELOPER agrees not to oke said offer of dedicat•• •n, and to keep said offer open til the CITY accepts offer by re-olution. B. Upon exe tion of this AGREEMENT - e DEVELOPER agrees to deliver a properly ex- uted grant deed to t- e CITY of the real property described in xhibit "A", a such other executed conveyances, or instrument- necessary o convey clear title as herein required. The DEVE 'PER shal provide, at the DEVELOPER' S sole cost and expense, to the C y: (l) A preliminary title : •ort issued by a title insurance company relating to the . . operty offered for dedication; said Preliminary Titl- •epo shall be furnished by: N/A. ( 2) A standard po • cy of title • surance issued by a titlp insurance comp: y and insuring e CITY in the sum of: N/A, and whic, shall show said pr.. .erty free and clear of all liens o encumbrances except tho-e as the CITY shall expressl aive in writing; said polic shall be furnished at the ime of acceptance of dedication - •d recordation of deed r . Upon the condition precedent that the D ELOPER shall perfor each and every covenant and condition of thi- AGREEMENT, the CITY agrees to accept said real property offe -d for de• cation. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (l) 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. in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done• in accordance with the most current Standard Specifications of the Department of Public Works, California Department of • Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered • as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State 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 I 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 company authorized to transact a surety business in the State of California and must be approved by the City Attorney ad 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 W . 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 I ' 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 J ; li 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. i1 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH It is further agreed that the DEVELOPER shall pay to Pacific ;as and Electric Company and/or to Pacific Telephone and Telegraph ;ompany any and all fees required for installation ' of overhead tnd/or underground wiring circuits tp 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 beat 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 STATE OF CALIFORNIA )ss. - COUNTY OF - Santa Clara ) EOn October 11, 1984 before me,the undersigned,a Notary Public In and for o . o said State,personally appeared - CD . - William A. Kinst . c0 0a a m _E m �Hm6ttaproved to me on the basis of satis- LL factory evidence) to be the person that executed the within _ ---- a __�.--- <--- '-' a - instrument as . managing OFFICIAL SEAL E Pasadena Associates VICKI ) OLMSTEAD CD on behalf of I � NOTARY PUBLIC -CALIFORNIA )) C i �6P4FJ exVENTURA COUNTY m the partnership 4 5�- a My comm. expires DEC 13, 1935 , therein named and acknowledged to me that the partnersh'l I___ -- --- - — -- " BT executed it. co - /{J� CO WIT• SS my,:an. and official I. /a o m / /l S Signature _ /. `=i'doi:�-• 6� (This area for official notarial seal) 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 CUP TINO • ' Approved as to form: �r •c' or• � A � � �' 4/ City Attofne City Clerk: 1r N—.2.6 • DEVELOPER PASADENA ASSOCIATES, a California General Partner ship , BY: William A. Kinst, Managing Partner Notary Acknowledgement Required • Page 10 • STATE OF CALIFORNIA ' COUNTY OF SAN FRANCISCO On this 16th day of OCTOBER in the year 1984 before me a NOTARY PUBLIC in and for the county and state aforesaid, personally appeared PAUL J. KONRATH known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-In-Fact of I AMWEST SURETY INSURANCE COMPANY and acknowledged to me that he subscribed the name of the said company thereto as surety, and his oc�`1�1�cPRO%Ai. �i' orney-In-Fact. MARY LEIGH HILL ` • NOTARY PUBLIC - CALIFORNIA ---- - ��` ^'-'�: CITY & COUNTY OF SAN FRANCISCO ;. NOTARY PUBLIC R° :•-. ��• My commission onkel loon 16.MAI BOND NO: 1056898 ANNUAL :REMIUI1 $ 760.00 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT 30ND (Subdivision Improvements) • KNOW ALL MEN BY THESE PRESENTS : THAT WE; • PASADENA ASSOCIATES as Principal and AMWF'ST SURETY INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Thirty Eight Thousand and no/100 Dollars ($ 38.000.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves , our heirs , executors , successors and assigns , jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, said Principal will perform all necessary improvements relative to a commercial }milt-ling located nn Pasadena Avenue in accordance with the approved Improvement Plans prepared by Nelson 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 16th day of OCTOBER , 19 84 (To be b � a Principalpal an and Surety and acknowledgment) PASADENA ASSOCIATE Principal Skinner Bonding & Insurance Agency, Inc. AMWEST SURETY INSURANCE COMPANY 181 Fremont St. Suite 310 Surety San Francisco, CA 94105 (415) 546-9171 By. `Attorney-in-Fact PAUL J. KONRATH The above bond is accepted and approved this day•of 19 • • LABOR AND MATERIAL BOND (Subdivision Improvements) BOND NO: 1056898 KNOW ALL MEN BY THESE PRESENT: • WHEREAS, the City of Cupertino, State of California, and - PASADENA ASSOCIATES hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors , shall fail to pay for any materials , provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and AMWEST SURETY INSURANCE COMPANY as Surety, firmly bind ourselves , our executors , administrators , successors and assigns , jointly and severally , unto the City of Cupertino, and any and all materialmen, persons, companies , or corporations furnishing materials , provisions, provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons, companies or corporations lend- ing or hiring teams , implements or machinery , for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials , whose claim has not been paid by Principal or by any other person, in the just and full sum of *THIRTY EIGHT THOUSAND DOLLARS AND NO/100* ($ *38,000.00* ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors , heirs, executors , administrators , successors or assigns , shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, . or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons, companies , and corporations entitled to file claims under Section 1184.1 of the Code of Civil ,. Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On this _ 16th day of OCTOBER in the year 1984 before me a NOTARY PUBLIC in and for the county and state aforesaid, personally appeared PAUL J. RONRATH. known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-In-Fact of AMWEST SURETY INSURANCE COMPANY and acknowledged to me that he o .,,,noes UtL7eemilMOdwufthe name of the said company thereto as surety, and + ? � `s otAPHWtl S AAtto-rney-In-Fact.5: itMARY LEIGH MILL , -- - --- - _-- eerR-QIN_iiA1; ' zs NOTARY PUBLIC - CALIFORNIA 1:V1,; I' CITY & COUNTY OF SAN FRANCISCO te My commission expires June 16,198r r. NOTARY PUBLIC F Labor and Nateraa] liuud 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 16th day of _ OCTOBER 19 84 . (To be signed by ./1 Principal and Surety PASADENA ASSOCIATES and acknowledgment Principal and notarial seal attached.) Skinner Bonding & Insurance Agency, Inc. AMWEST SURETY INSURANCE COMPANY 181 Fremont St. Suite 31Q Surety San Francisco, CA 94105 (415) '546-9171 By: � GI 2 Attorney-in-Fact PAUL J. KONRATH The above bond is accepted and approved this day of , 19 1 • AMWESTSURETY INSURANCE CO. P.O. Box 4500 N2 < 7t t S8,4 Woodland Hills, CA 91365 (818) 704-1111 j POWER OFATTORNEY KNOW ALL MEN BYTHESE PRESENTS,That fAMWESTSURETY INSURANCE COMPANY,,A CALIFORNIA CORPORATION does hereby make, constitute and appoint/ / ) \ '`�\ \ ROBERT W. SKINNER — PAUL J. KONRATH — RODERICK H.SKINNER — JOHN D.GIIL'LILAND— SUMAN TOOR j yl its true and lawful Attorney(s)-in-Fact, with':tull power and authority for and on.behalf of-the company as,surety, to execute and deliver and affix the seal of the company thereto/iif/a seal is reguir},bonds, undertakings, recog`izences or other written obligations in the nature thereof, as follows; / /. �' s, CONTRACT, LICENSE, I ERMIT&MISCELLANEOUS'BONDS TO$400\000.00 N� and to bind AMWEST SURETY/INSURANCE/COMPANY thereby,and all of the acts of said Attorneys inact,pursuant to these presents, are hereby ratlfi-d and confirmed. This:appointment Is made Under and'byeuthority"of'the following provi- sions of the By-Laws of the company,which/arefnow in full rtorce and effect-" lot Article III, Section 7,of the by-Lawsof,AMWEST SURETY INSURANCE COMPANY N This Power of Attorney iS.Signed,and sealed by facsimile under and by the authority of the following'rea�lutions ado .3 ted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a`'meeting duly`she'Idon Decemb r .i5 1375,x t', - s // / P RESOLVED��'llthat`the president or any vice-president, in,conjunction with th&s"etretary oT nyeassistant sects 3 e, t tary,may appylnt attorneysrin fact or•agentslwith authortt ' as defined •or limited in`;he instrument ee,vrdeneing Clic q " appointmenryin each: case/for and on behalf of the,Compan'y'to execute and deliver and affix the\seikofthe cdm + $, pany to bonds,undertakings, recognizancesrand suretyship obligations of all kinds;av d said ofOOCers may rernove in ", any such attorney..in-`fact or agent and'revoke any powerrof attorney previous y grants to such person e e p q / ' J t � ' r ro RESOLVED FURTHER that any hhnd,undertaaking,recognizance,or suretyship obligation shall be .`valid,. ` and binnding upon the company f I / _ `'1s - ° ''',.> ., } ' ' (i) when signed by the presidentoror-any yl,oe'president and attested'and sealed(if a'seal be required) by any .K.a. : se retary or assistant secretary;or I ,/ (ril,'wh'en' sighed by thepresident•oranyyvice-president or secrelauy__or-assistant.secretary,apd-countersigned and sealed•(if a seal be requited)by a duly authorized attorney-in-fact or agent;or ` , ` ° (jii)/when duly execJted and sealed (if a seal be required) byone or more attorneys-In-fact or, agents pur, t j;et ' ' want to and,within the I mit&of the authority evidenced by the power\of attorney issued by the cori5(3any to:such person or persons„ , / / l� '/,RESOLVED FURTHER"that/the signature of any authorized officer ap-d the seal_pf the.corpanKmay be effaced/by facsimilettorany power any of attorney or certification thereof authorizing the execution;and delfveryeo bond, undertaI ind,recognlzapce, or other suretyship obligations of the company;,and such Signature anti seal hen so used•sh ll Flarve the-same/force and effect as though manually affixed. y WITNESS7WHEREOF'AMWESTSURETY INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to behereunto affixed this 17th day of September 19 al . \.i ,r uegryC` WEST SURETY INSURANCE.COMPANY 9 I 4‘ co,. /a� r, FO I.i l • _ n` 'et i.,1 19th /'�j resident %POPW.i Se Cretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES —ss On this17thdayof September A.D., 19_18 , personally came before me Richard..H. Savage and .Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY,CALI'FORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being, by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the'seal,of thecorporation,and that said corporate seal and their signatures as such officers .were duly affixed and:subscribed to the said instrument by the authority of the board of directors of'•.said'corporation. _=gm00aa•=a•=ani as=nnan N1 OFFICIAL SEAL II DYANNE A CAU(HAN /? aa ly.`! INALIFORPM (SEAL) r irilra; ICE IN l wi� LOS ANGELES COUNTY Notary Public i, My Commission Exp.Mir.29,19851 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES—ss CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a.California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and;furthermore, that the provisionsof the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at SAN FRANCISCO this 16th day of OCTOBER 19 84 '-.,lNSiJ4"%\I IS i \r'o\ AW-2 i4 �GOPPogglF' <: -t` �CAC `` A -/ �� ,i _,_ a f Secretary 41gr i to /`1 \• /.i / TRACT AGREEMENT TRACT 7960 - WHITE EAGLE - This AGREEMENT, made and entered into this 4th day of May , 19 87 , by and between the CITY OF CUPERI'INO, a • municipal corporation of the State of California, hereinafter designated as CITY, and Mr. Kinst 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 and designated as Tract 7960 - White Eagle Cupertino, California, hereinafter designated as the "Tract;" and • TEAS, 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 Nelsen 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: • SCHEUJIE OF BONDS, FEES AND DEPOSITS PART A. Faithful Performance Bond: Offsite $80,000.00 Eighty Thousand and no/100 Onsite Common $88,000.00 Eighty-Eight Thousand & no/100 With Landscaping PART B. Labor and Material Bond: Offsite $80,000.00 Eighty Thousand & no/100 Onsite Common $88,000.00 Eighty-Eight Thousand & no/100 With Landscaping PART C. Checking and Inspection Fee: Offsite $ 4,000.00 Four Thousand and no/100 Onsite $ 4,400.00 Four Thousand Four Hundred & no/100 PART D. Indirect City Expenses: Offsite • $ 600.00 Six Hundred & no/100 Onsite $ 660.00 Six Hundred Sixty & no/100 PART E. Map Filing Fee: $ 120.00 One Hundred Twenty & no/100 - _ _ -- - • PART F. Development Maintenance Deposit: . $ 3,000.00 Three Thousand & no/100 PART G. Storm Drainage Fee: $ 1,626.00 One Thousand Six Hundred Twenty-Six & no/100 PART 01. REIMBURSEMENT TO DEVELOPER: $ 2,910.00 Two Thousand Nine Hundred Ten & no/100 - PART H. One Year Power Cost: $ 36.00 Thirty-Six & no/100 PART I. Street Trees: BY DEVELOPER PART U. Park Fee: Zone $35,700.00 Thirty-Five Thousand Seven Hundred & no/100 PART K. Water Main Extension Deposit: $ 1,800.00 One Thousand Eight Hundred & no/100 PART L. Maps and/or Improvement Plans: By DEVELOfl Page 2 • NOR, THEREFORE, IT IS HEREBY =ALLY 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 autho- rized 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 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 c'aSe 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 requestPd by the CITY, Shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water tiuu the underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Decd 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 DEVELOP 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 DEVEIOPrR 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 EnginPnr, 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 1EL • • • 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 fium the estimate fcum which said sum is calculated, the City Engineer shall 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 Frh 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 E). • 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 F) 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 relss e of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused halance will be returned after the release of the improvement bonds. - 9. STORM DRAMAGE pEE 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 G) . 9A. STORM DRAIN REIMBURSEMENT The Developer agrees to install oversized storm drains along Foothill Blvd. The City shall reimburse the Developer for the work upon acceptance of the project. The amount of reimbursement is outlined herein at Page 2 (Part Cl) . 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. 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 5 . . 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. - 12-A. PARK IEE AMUSEMENT PROVISIONS The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires formal confirmation. The Developer shall employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" based on the appraisal. The Developer agrees to pay for any deficiency within thirty (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 13. MATNTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after arr' ptance 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/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. 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 ...�__ .. ... .... i rc....a.... ., -.4o--F 17. STREET LIGHTING - P.G.and E. RATE Sc7HEDU E 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 FrFCTRIC/PAUIr'1C BETS It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACir'iC BELL 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 BELL 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 kIARN FSS 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 against any or all loss, cost, expense, damage or liability, or claim thereof, nm-asioned 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 Page 7 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 employe 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 situatrdd 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 September 9, 1977. The deposit shall be held by the CITY until said monies are needed to imple±nent 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. MAP AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and thirteen (13) prints of fully executed tract map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. • C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. Page 8 . 24. : TERNS AND OONDITIONS e It is further agreed that the above named terms and conditions for the said Tract shall bird the heirs, surrossors, 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: 401,Approved as to form: ___>�.,i:. ' Mayor I • , _ VAX, - ef: City Attorney •' City Clerk DEVELOPER: • //. al ..,:e/ oh 0-10.0011.14/ u �� � ,1, r i P ' STATE OF LIFOR/NIA, 1 -County of...t :/4 .(1 .. ss. f / n 1 On this.c ay of—! f/ �d.:..j__._._—in t�iee year one thousand nine hundred and.cic I before ine%.1..1L.-.L FGC::fEu.I.LL<:<< a NotaryPublic Stag- o C i o � p / f p!f rnio, duly commissioned and sworn, personally appeared E ..._... ....... .. ... .... .... OFFICIAL SEAL It1 ©AREARA MURPHY I known to me to be one of the partners of the partnership that executed the within instrument, e >✓�a-1"y�'^ and acknowledged to me that such partnership executed the same. 1. G+.--4 "3' , NOTARY pOELIC — CALIFORNIA C ' COUNTY OF SANTA CLARA L IN WITNESS WHEREOF I hope hereunto set my hand and affixed my official seal, Comm. Exp. Feb. 26, 1991 in the County°I-. C‘"--.Lc 2__L r.`-.G:�.__the day and year in this E certificate first above written. // i f< / Notary Pu Ic,Statt of California. Ceadery's Form No.29—(Acknowledgment—Artner0Lip) (C.C.Sec.1189) (Printed 1/15/70)001.OQ5 My Commission Expires STATE OF CALIFORNIA )ss. c COUNTY OF Santa Clara I E On ci April 30, 1987 ,before me,the undersigned,a Notary Public in and for o O said State,personally appeared( __ William A. Kinst m ILI c a U E Ea a 1q }(Ix)*,a o4Dfdgor proved to me on the basis of sati ------— --- .- ___ __ -0-, factory evidence)to be the person that executed the withi a, OFFICIAL SEAL ^__ a instrument ac partner( - PATRICIA M. MOUNT Kinst Court = ,f`E3, Notary Public-California on behalf of Partnership - /AVell' SANTA CLARA COUNTY ) n ,thepartnersh • mr Comm.Exp.Sep.15,1989 E therein named and acknowledged to me that the partnership -CO . executed it. m co WITNESS my hand and official seal. 0 o o CO Signature I ..'L •. ilit, I U . ! (This area for official notarial seal) ' STATE OF California ) )ss: County of Santa Clara ) On this 30 day of April 19 87 , before me C.A. Piert , allotary Public, ha personally appeared CYles Griswold personally known to me(or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the BALBOA INSURANCE Company and acknowledged to me that he subscribed the name of the Butch msureANcE Company thereto and his own name as Attorney-in-Fact. '..714* C.A. PIERS Notary Public in and for the County of NOTARY PUBLIC-CAUfORNIA,� ? r ggp�(TIACIPAL C�ARAFFICE IN r COUNTY Santa Claraof California State 30272 W�n�n�0n EavlreS Oct 28,t888 • 3-85 ANNUAL PREMIUM ¢1,815.00 • BOND EXECUTED IN 4 COUNTERPARTS 2 Year Premium $i,nz9.00 FAITHFUL PERFORMANCE AND COMPLETION IIil+RO E NT BOND (Subdivision Improvements) • • PLOW 1tt NEN BY THESE PRESENTS: Bond # 01 NAA 001819 :MAT WEr p; aea..1.0..+. e Kinst court Partnership • as Pr nips an nalh-ia Tn surancQ ' es Surety are h :ld and Firmly-bound unto the City oflµpertino, Stats of California, i the sum of OFFq TE: May INZUSAND & V)J100 -. ONJITE: E[Chn'Y-Ezam T1lllS#ID d No 100 TO N HU .REDJ"IXTY-EIGHT THOU.�Ep!ND 6 $9/100- ,_Dollars ($ 168.000.00 w u money of the United Statue, for the prymene"of which will and truly to be made, we bind oursely e. our heirs. executors, successors, end assigns, jointly and sovarell; firmly by these pramenta. THE CONDIT ON of the foregoing obligation is such that, WHEREAS. .s• id Principal will perform ell necessary imprevemente relative to a • . .i 1: . 1 located Tra.t 7940 - White &tele in accordance w th the approved imprbvemene plans prepared by Nelsen Eneinaarinx CiliiTir on file in the :nginaar's Office, City of Cupertino, and incorporated herein bygiireferee, WHEREAS, io.rgyemerita shall be completed within one (1) year from the date of acceptance of t ii bond by the City Council. WHEREAS, . provements shall be maintained for a periodcif it leant ane (1) year after acceptant of construction by the City. This bond shall be in fell forge and affect through 'he period of maintenance as provided in said contract, The maintenance period shall Coitinue until suob time that all deficiencies of construction are corrects I to the satisfaeiion of the City Engineer's Office. • WHEREAS, P•incipal and Surety shall be responsible for any and all damages arising ' under the orig1. .1 contract. I NOV, THERE'ORE, i f the said Principal Shall wall and truly do and perform all the I17 covenants and o•ligetione as set forth above, on its part to be done and performed ac the time and in the manner specified theresu, then die obligation shall be null and void; othotvise this bond shall remain in full force and affect. . IN WITNESS WHEREOF, this inetzument has been duly,7exIcuted by the Principal and Surety this 30 day of Apr_ 19:L__. I (To be signed b t2 f Ce, 1c �% • Principal and surety. . Principal 'Ly •l Notary Acknowl-dgmsnte p • required. Balboa Insurance Company • • Sure -. jet . , ,Attorney-in-Fact Charles Grcld . . , 1 The above b nd is accepted and eppxovad this ,� gday of „., I ..; Inn, • BOND EXECUTED IN 4 COUNTERPARTS LABOR AND MATERIAL BOND (Subdivision Improvements) Bond # 01 NAA 001819 ' KNOW ALL ME. eY TNEBB PRESENT,. • •,. WHERE , the City of Cupertino, State of California, And °.'►•,•5,.i-Y The Kinst .Court Partnership ureinsfter des gnate. es ' Principal have entered into or are about to enter into a contact providing for the inatalletion, construction. and fraction by Principal o: certain improvements more particularly dascribed in said contract; and incorpo teed herein by 'referenc■. • WHEREA •. said Principal is required to furnish a bond in connection with said contra t, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials. provisions, provender or • other awaits or teams used in, upon, for or about the performance of the work Contracted t• be done, cm for any. work or labor done thereon of any kind, the Surety on ea, d bond shall pay the same to the extent hereinafter net forth; NOW, MREFORE, we, the 'Principal. and Balboa Tntinance Company as Surety, • tiely b nd ourselves, our executors, administrators, Iucceaeors �• . all assarta igns.,•Jointly. ind severally, unto the City of Cupertino, and any and en. persona, companies, or corporations furnishing materials. provisions. •rovender or-other supplLea used in, upon. for or abut the perf r- mance of the aforesaid work Contracted to be executed or performsd under the • - contract her inabov■ e!entioned. .and incorporated herein by reference, and all • persons, nom anise or corporations lending or hiring teama, implements or machinery, f 'r or contributing to said work to be done, and all parsons who • • perform work or labor upon the game, and e11 persona who supply both work snd materials. wooed claim•bag not beanaid • in the just aid full sum of OFPBITEp EL by Principal l ar by anyother person, Le. 8 y Thouaend•ead ao/100 • ONSITE CO N WITH. LANI►SCAFINC, EiEht •-EigWTlouaand bad np/100 TOTAL; One Hundred Silt =Ei.ht Thousand and no/100---- (1168,000.00' ). THS• CON'ITION OF THIS OBLICATION IS sum THAT if,said Principal, his cC Ica subcontr etora, heirs, executors. administrators, successors or assigns, shall tail t• pay for any materials. provisioDO, provender or other impaling er teams use. in, soon. for orabout the performance of the work contracted to be done, or •or any work or labor thereon of any kind, os; for amounts due under the Unamplo -ant Insur■ncs Act with respect to such work or le.bor, •or any and all damages rising under the original contract, then said $u;sty will pay the . ' mamaendla- will ay in oasis suit is brought upon this band, such reasonable attorney'sR as shall be fixed by the Court, • ll and'corporat .naihentitledetoofile claim■tof undernSectionand 11184.1oof,the companion, Civil Procedu e, so as to give a right of action to them or their assigns in any suit brow ht upon this bond. STATE OF CALIFORNIA )ss. • COUNTY OF Santa .Clara I co April 30, 1987 : E On ,before me,the undersigned,a Notary Public in and for oo William A. Kinst m said State,personally appeared; Ho;-.r • I- c W 0 `a E y• yersoneHphRewnie-ene(or proved to me on the basis of satis- it factory evidence) to be the person that executed the within a"" instrument as partner(s), y on behalf of Kinst Court Partnershi. -- ' OFFICIAL SEAL - I a a the partners y� 'i PATRICIA M. MOUNT 1 N therein named and acknowledged to me that the partners i a�' C"i Notary Public-California } co executed It t �Y n\�;� SANTA CLARA COUNTY ) o WITNESS myhand and official seal. _ _ _MY Comm. p, i Exp.Se 15,1989 f o Affia @J�YW .KILO LL4Ch Signature (This area for official notarial seal) STATE OF California ) ss: County of Santa Clara 1 On this 30 day of April 19 87 , before me C.A. Piert a Notary Public, personally appeared Charles Griswold personally known to me(or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the BALBOA INSURANCE Company and acknowledged to me that he subscribed the name of the unr.nn7a INSURANCE Company thereto and his own name as Attorney-in-Fact. '�•' Ti. NOTARY PUBLIC-CALIFORNIA "r� PRINCIPAL OFFICE IN ; Notary Public in and for the County of Y„u -,.,,., SANTA CLARA COUNTY Santa ClaraCalifornia My Commission ExpiresOct 28,1888 ,State of _ 30272 3.85 Caber and Miliaria' Bond Page 2 And the said Surety, for value received, hereby stipulator, and agrees that no chine, extsnaion of time, alteration or addition to the terms of the contract or .0 the work to be performed thereunder or the apeclfieations accompanying the same shall in any wise affect its obligations on this bond. and it doe■ •ruby waive natica of any such, change. axtenrion of time, alter- ation or add tion to the' term* of the contract on to the work or to the epeci- ligation.. IN WITH` •S WHEREOF, this instruman; has been duly executed by the Principal an• Surety this in day of April ' , 19 87 ale--6)17-711/ • (To be signs. by Principal principal and Surety. Notary aoknovledgm me required.) • Balboa Insurance C.Omapa Surety Sys 4 • ''—orney-in-tact charier^prix 1dc, . • • • j The abo a bond. is accepted and approved this day of 19 . 1 .4 1 • • 6/17/89 BALBOA INSURANCE COMPANY • 3349 MICHELSON DRIVE.IRVINE.CALIFORNIA 92715-1606 • GENERAL POWER OF ATTORNEY Know All Men by These Presents,That BALBOA INSURANCE COMPANY.a corporation duly organized and existing under the laws of the State of California, and having its principal office in Irvine, Orange County, California. does by these presents make, constitute and appoint Charles Griswold of San Jose and State of California its true and lawful Attomey(s)-in-Fact•with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver $1,500,000. — Any and All Bonds . and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate seal of the Company and duly attested by its Secretary.hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March. 1962. 'Be It Resolved,that the President.any Vice-President.any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1.Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company.to execute,acknowledge and deliver,any and all bonds.recognizances.contracts,agreements of indemnity and other conditional or obligatory under- takings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "In Witness Whereof Balboa Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 23rd day of July .A.D.. 19 86 DURANCE BALB/O�AA IIANSURANCE COMPANY • /1B1• - ' K. R. Huckabay State of California 0 ss.:County of Orange On this 23rd day of ,Tilly . in the year 198 . before me P. G. Rohhi ns , a notary public, personally appeared K. R. Hnc'kahay . personally known to me to be the person who executed the within instrument as Vire President ,on behalf of the corporation therein named and acknowledged to me that the corporation executed it. - - ,u� OFFICIAL SEAL /� I P.G. BOBBINS j /A' ,� �/,JSJ/�, 1 �� a ��. Notary Publb-Califomla I fige4; �y �l.�fffs.ec� : + ORANGE COUNTY , P. G. Robbins Notary Public �:. , My Comm.Exp,Aug.4,19eu 1 I,the undersigned Secretary of Balboa Insurance Company,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972,and that said resolution has not been amended or repealed: "RESOLVED,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation,may be affixed orprinted by facsimile to any certificate to a Power of Attorney of this Corporation,and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." , GIVEN under my hand and the seal of said Company,at Irvine,California,this 30 day of April , 19 87 . . . - ISo3Rla6 - Secretary_ } / c 10430 8 CITY HALL` ORIGINAL 9332473 f 10430 S. DeAnza BRA. tl a �L frc-� ry Cupertino. CA 95014 • h 2 0 5 PAG E / 6 3 • IRI LEIQ FOR MOIL"to No r=Et IN ACCORDANCE :AT IREGQJ9EST OF WITH 60V CODE 6103 Cary/o�Cute_ ,AtZ) nog "gal . Juga 29 10 a1 hi 81 OFFICIAL C_VORO SANTA CLARA COMITY RESOLUTION NO. 7174 LAURIE HANE RECORDER A RFSOL TITTON OF THE CITY COUNCIL OF THE CITY OF QJP=NO APPROVING FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7960 WHITE EAGLE LOCATED ON FOOTHILL BOULEVARD NORTH OF MCCLELLAN ROAD; DEVELOPER, WILLIAM A. KINST ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE PDCEQTITION OF AGREEMENT IN CONNECTION THEREWITH • WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 7960, White Eagle, located on Foothill Boulevard north of McClellan Road by William A. Kinst and WHEREAS, there has been presented to the City Council a proposed agreement for the constriction 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 final map and improvement plans of Tract No. 7960 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 said improvement plans. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of,etlie City-Council of the City of Cupertino this 4th day of M4 - 1987 by the following vote: ! r I I '• 4 o1.1•1 77 • TI`II.$ ffi r3 nER1IFY THTHE WITHIN I NsYR00F%T IS A TRUE ANbat ORREL,Ttelf2,Y ❑r'ili ' J - AL ON elta I§I iiS •frFI Y. C1 ` 3� tz tlF� ‘ 1,92INn f / _ K205PAGE 764 RESOIITTION NO. 7174 Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ W. Reed Sparks Mayor, City of Cupertino ATTEST: /s/ Roberta A. Wolfe Deputy City Clerk . / • • K2O5PAGE 765 RESOIUf'ION NO. 7174 EXHIBIT "A" SCHEW = OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tract No. 7960, White Eagle William A. Kinst LOCATION: Foothill Boulevard North of McClellan Road A. Faithful Performance Bond: Offsite $80,000.00 Eighty Thousand and no/100 Dollars Onsite Common $88,000.00 with landscaping Eighty-eight Thousand and no/100 Dollars B. Labor and Material Bond: Offsite $80,000.00 Eighty Thousand and no/100 Dollars Onsite Common $88,000.00 with landscaping Eighty-eight' Thousand and no/100 Dollars C. Checking and inspection Fee: Offsite $ 4,000.00 Four Thousand and no/100 Dollars Onsite $ 4,400.00 Four Thousand Four Hundred and no/100 Dollars D. Indirect City Expenses: Offsite $ 600.00 Six Hundred and no/100 Dollars Onsite $ 660.00 Six Hundred Sixty and no/100 Dollars E. Map Filing Fee $ 120.00 One Hundred Twenty and no/100 Dollars F. Development Maintenance Deposit: $ 3,000.00 Three Thousand and no/100 Dollars G. Storm Drainage Fee: $ 1,626.00 One Thousand Six Hundred Twenty-six and no/100 Dollars • K205PAa 766 RESOLUTION NO. 7174 G1. Reimbursement to Developer: $ 2,910.00 Two Thousand Nine Hundred Ten and no/100 Dollars H. One Year Power Cost: $ 36.00 Thirty-six and no/100 Dollars I. Street Trees: By Developer J. Park Fee: $35,700.00 Thirty-five Thousand Seven Hundred and no/100 Dollars K. Water Main Extension Deposit $ 1,800.00 One Thousand Eight Hundred and no/100 Dollars L. Maps and/or Improvenent Plans: By Developer . • • K 2 G 5 PAGE ' 76 ? • • ::,DEFERRED UNDERGROUNDING • • AGREEMENT This is an agreement between the City of Cupertino, hereinafter referred to • as CITY and WILLIAMIA.rKINST hereinafter referred to as DEVELOPER, made by and between the parties this day of 67T -•,- , 19 . e . WHEREAS, DEVELOPER desires to develop the property described in Exhibit "A", attached and made a part hereof by reference, and wished to defer the under- grounding of utility lines fronting Foothill Blvd. ; and WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete the undergrounding of said utility lines; and WHEREAS, the costs for the undergrounding are reduced when the undergrounding is done in conjunction with other projects on and along the frontage of Foothill Blvd. ; and WHEREAS, the City and the DEVELOPER jointly agree to defer the work until a larger project is organized. NOW, THEREFORE, ITIS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, to wit: • 1. Installation of Work The DEVELOPER shall install and complete the undergrounding of slid utility lines, in conjunction with any project for undergrounding said . • utility lines on or fronting the properties on ; Foothill. BTvd. • adjacent Eo the above mentioned ,property described in Exhibit "A". • 2.' Deferment • It is further agreed that the DEVELOPER shall furnish, construct, and install at his own expense upon six (6) month notice from the CITY, in which event the work of undergrounding said utilities must be completed within one (1) year thereafter, or no later than ten (10) years' from the date of this agreement. / • K205pAGt 7 8 AGREEMENT - Page 2 • • • The DEVELOPER further agrees to cooperate, upon notice by the CITY, with . • other property owners, the CITY and other public agencies to provide the. undergrounding of utilities as set forth herein under a joint cooperative '\ plan, including the formation of a local improvement district, if this method is feasible, to secure the installation and construction of said undergrounding. • • 3. Successors - Run with Land This agreement shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and under- stood that this agreement shall be filed for record in the Office of the County Recorder of the County of Santa Clara, State of California, and that the covenants in this Agreement shall run with the land, a description of which is contained in Exhibit "A" which is attached hereto and made a part hereof by reference, and are for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to the hereto 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. ✓' DEVELOPER: CITY OF CUPERTINO: i #P- :: 11 1,-- : //L/d[ J[• de/ H • Mayor n; e€:. � qui Pav'�rter. • W06t t P0f p 'n N, ,.,, 1 R t/4-...-2S;, ,nn �.` �1 ` ; Ci clerk• �` 7 Approved as to for y f^ <i, �j / / 7 l iii-`4 { ��4 Fw `i. P `N- i� LGL F, 'Ny r, u'�. s%`N- . i .O�.�w v`Jvvv�,a p City Attorney ,�v d(1 rr� State of i On thl theday of Q 19 -217,before me, ����f����f�� � � SS / ti County of 21444— - aji the undersigned Notary Public,personally appe/ed tcl K 205PAGE 769 ��� , �� u [Ypersonally known to me S � ' OFFICIAL SEAL �' C t BARBARA MURPHY 0 proved to me on the basis of satisfactory evidence ti mm •4f 1332. NOTARY PUBLIC — CALIFORNIA.EEE to be the person(s)who executed the within Instrument on behalf of the tg `L S ^0Y couNTY OF SANTA CLARA partnership, and acknowledged to me that the partnership executed it. 1 1E Comm. Exp. Feb. 26, 1991 WITNE my hand and official seal. c 3 `'moi- � Notary's Signature 3 PARTNERSHIP ACKNOWLEDGMENT FORM 7130 052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland H I lb,CA 91384 KNVehFGE 770 DEFERRED UNDERGROUNDING.AGREEMENT EXHIBIT "A" ALL OF THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO. MORE PARTICULARLY DESCRIBED IN THE FOLLOWING. THAT CERTAIN TRACT MAP NUMBERED 7960 FILED FOR RECORD AT BOOK 574 OF MAPS, PAGES 11 , 12 , SANTA CLARA COUNTY RECORDS, 20TH DAY OF MAY, 1987. RESOLUTION NO. 7670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF C[JPE TING APPROVING PARCEL NAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED AT In AVENUE AND PASADENA AVENUE, DEVELOPER WILLIAM AREHUR ICSIST AND MARGARET WILSON KINST, MEMORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS WHEREAS, there has beenpresented to the City Council for approval of the parcel map and improvement plans of property located at Lomita Avenue and Pasadena Avenue by William Arthur Kinst andMargaret Wilson Kinst; and WHEREAS, there has presented to the City Council a proposed agreement for the construction of streets, clubs, 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, arra bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and int plans herein referred to are 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 plan. 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Opert+tim this 21st day of November , 1988, by the following vote: Vote Members of the City Council Ate: Gatto, Johnson, Koppel, Rogers, Plungy NOES: None ABSENT: None ABSTAIN: None , RESOLUTION NO. 7670 ATTEST: APP : /s/ Dorothy Cornelius /s/ John J. Plungy, Jr. City Clerk Mayor, City of Cupertino RESOLIMON NO. 7670 EXHIBIT "A" DEVELOPMENT: TUCHCMES • WILLIAM ARMOR KINST AND MARGARET, WILSON KINST LOCATION: LOKETTA AVENUE AND PASADENA AVENUE A. Faithful Performance Bond: $ 29,528.00 TWENTY NINE THOUSAND FIVE HUNDRED TWENTY EIGHT AND 00/100 DOLLARS B. Labor and Material Bond: $ 29,528.00 TWENTY NINE THOUSAND FIVE HUNDRED TWENTY-EIGHT AND 00/100 DOLLARS C. Checking and Inspection Fee: $ 1,476.40 ONE THOUSAND FOUR HUNDRED SEVENTY-SIX AND 40/100 DOLLARS D. Indirect City E tenses: $ 221.46 'LFA HUNDRED TWENTY-ONE AND 46/100 DOLLARS E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: $ 245.10 TWO HUNDRED FORTY-FIVE AND 10/100 COLLARS G. One Year Power Cost: $ 72.00 SEVENTY-TWO AND 00/100 DOLLARS H. Street Trees: By Developer I. Map Checking Fee: $ 210.00 Tido HUNDRED TEN AND 00/100 DOLLARS J. Park Fee: Zane: II 48-0000-416-022 $ 11,290.75 ELEVEN THOUSAND TWO HUNDRED NINETY AND 75/100 DOLLARS K. Water Main Extension Deposit: $ 2,208.72 TNA THOUSAND TNA HUNDRED EIGHT AND 72/100 DOLLARS L. Naps and/or Improvement Plans: As specified in Item 23 AGREEMENT LOMITA AVE./PASADENA AVE. This� AGREEMENT made and entered intoe this day A of YV fir , 19$8 , by and between the CITY OF CUPERPINO, a municipal corporation of the State of California, hereinafter designated as CITY, and WILLIAM ARTHUR KINST AND MARGARET WILSON KINST, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a PARCEL MAP AND BUILDING PERMIT to construct and maintain TOWNHOMES hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by NELSEN ENGINEERING ; a true copy of which 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." 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 Street Improvement Category: PART A. Faithful PerformanceBond: $29,528.00 TWENTY-NINE THOUSAND FIVE HUNDRED TWENTY EIGHT AND 00/100 DOLLARS PART B. Tabor and Material Bond: $29,528.00 TWENTY-NINE THOUSAND FIVE HUNDRED TWENTY EIGHT AND 00/100 DOLLARS PART C. Checking and Inspection Fee: $ 1,476.40 ONE THOUSAND FOUR HUNDRED SEVENTY-SIX AND 40/100 DOLLARS PART D. Indirect City Expenses: $ 221.46 TWO HUNDRED TWENTY ONE AND 46/100 DOLLARS PART E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND 00/100 DOLLARS . PART F. Storm Drainage Fee: $ 245. 10 TWO HUNDRED FORTY-FIVE and 10/100 DOLLARS PART G. One Year Power Cost: $ 72.00 SEVENTY-TWO and 00/100 DOLLARS PART H. Street Trees: By Developer PART I. Map Checking Fee: $ 210.00 TWO HUNDRED TEN AND 00/100 DOLLARS PART J. Park Fee: ZONE: II 480-0000-416-022 $11,290.75 ELEVEN THOUSAND TWO HUNDRED NINETY AND 75/100 DOLLARS PART K. Water Main Extension Deposit: $ 2,208.72 TWO THOUSAND TWO HUNDRED EIGHT AND 72/100 DOLLARS PART L. Maps and/or Improvement Plans: AS SPECIFIED IN ITEM 23 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 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 resolution. B. Up..ui 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 instnmments nor ssary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication. (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encutbrances 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 AGREQERFP, the CITY agrees to accept said real property offered for dedication. 2. INSTNEUVUON OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, Specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. 3 • C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Departrmnt 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 camply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the cmmnPncxmnent 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. QUITCLMM 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 lying 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 MEER 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 arra 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. 4 • 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 rude 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 lard, 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 AGREE}IEN'', indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 8. MAP CHECKING 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 m n ments, 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) . 5 • 9. 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 wornship 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. 10. 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) . 11. WATER MAIN E}CPENSION 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 navies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. The amount sham herein at Part K, Page 2, shall be the full amount due. 12. 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. 13. 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 starrihrjs of the City of Cupertino. Variety of tree shall be selected from the City approved list. 14. PARK r th 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. 6 14-n. cActz :- '. ,•,Ll.i w,1•:.:_... r.LA-.D10a) The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires formal confirmation. The CITY shall employ a qualified local appraiser to provide a market value of the • land. The City will calculate the "Park Fee" based on the appraisal. The Developer agrcw to pay for any deficiency'within thirty. (30) days and the City agrees to refund overage within thirty (30) days. Adjustnents shall be made prior to acceptance of the subdivision improvements. 15. ?P,.INTEPNCE OF WORK It i5 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 wor!ananship ard/or materials appearing in said Work. 16. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this Af-'RaME T, a letter aura the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate ACREEMENT 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 15 above has been filed. 17. GOVERMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this ACREB•IrNT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Gover'nnerrt (-nip, pertaining to special assessments or bonds, have been complied with. • 18. CE2FTI L E-1 b. DISTRICT • it is further agreed that the DEVELOPER ❑ha11 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. • 19. PACIFIC GAS AND ELECTRTC/PACIFTC HELL • It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC FV•TT• 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 rewired for . • uyderg-ro,rriing 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 HELI, Company that aairl fees are due and payable. •7 • • 20. 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 lard 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. 21. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the coppletion 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. 22. 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 declarationLs, 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. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. 8 A. Each of said. policies of insurance shall provide coverage in the following minimum amounts: For br+dily 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 lessIthan $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 juriwiiction 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. 23. MAPS AND/OR IMPROVEMENT PLANS it is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and seven (7) prints of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map rewired under Item 23. 24. 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. 9 (Individual) STATE OF CALIFO'NIA COUNTY OF de., �.�.4.-teff SS. • tOn / / y RI/ /97P before me, the under- sisignned,, a Notary Public in d for aid State, personal!),�ap1peared w J�I�61/4�,+1rr1� i1 111-1#91214-, Ck tu s � w J llllllll IN L. F personally known to me (or proved to me on the basis of satisfactory • �, OFFICIAL SEAL • m evidence) to be the person(s)_ whose name S subscribed to Ia BARBARA MURPHY , the within instrument and acknowledged thatif ,`C:�L)j.: NOTARY PUBLIC — CALIFORNIA executed the same. fir. ,�,�,J COUNTY OF SANTA claw. WITNESS my handdand official seal. "` Comm. Exp. Feb. 26, 199�1�g /� / ,} / eno[Iole1o11ttLelltetetotCOY Lama Signature •Yy�f"/�//4/I'/...l f./ / / STC 67 Name (Typed or Printed) (This area for official notarial seal) • 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 CUPEICINO: Approved as to form: ,lasIlL `,`—Ad1• - 'f yor ' I /A . City Attorney lies/ - City Clerk DEVELOPER: M4Ard 4446124-r 4;494 Notary Acknowledgment Required 10 (On.. c/o/AA) •AI.t/1:111m CERTIFICATE ®F INSURANCE f'#. ISSUE DATE(/ 15/88 k t . .n Ftn fi a6h '# .tn'e .$ SU PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS J O H N D R O W INSURANCE AGENCY , INC . NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 700 S o . Claremont St . , #110 EXTEND OR ALTER THE COVERAGE.AFFORDED BY THE POLICIES BELOW San Mateo , CA 94402 COMPANIES AFFORDING COVERAGE ( 415 ) 344-5100 COMPANY A CODE SUB-CODE LETTER PI A E T N A LIFE AND CASUALTY COMPANY B INSURED LETTER FREMONT COMPENSATION TERRY BROWN CONSTRUCTION CO . COMPANY RNYC 21721 Granada Avenue Cupertino , CA 95014 LETTERNYD PUBLIC WORKS COMPANY [NOV 1 6 1988 LETTER E COVERAGES ' *n >q "., ; .<.a r», �'�. ....:. .. .>. . _ ... .�i fw� , .v�. L ' + �.��3 rah��"rw ..h`�� .. �f .'W d x.o.# THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE IPOLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DDNY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE A—X- COMMERCIAL GENERAL LIABILITY CO 5254812 4/ 1 /88 4/ 1 /89 PRODUCTS-COMP/OPS AGGREGATE 1 , 000 , CLAIMS MADE X OCCUR. PERSONAL&ADVERTISING INJURY $ 500 , X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 500 , FIRE DAMAGE(Any one fire) $ 100 , MEDICAL EXPENSE(Any one person)I$ 5 , AUTOMOBILE LIABILITY COMBINED A ANY AUTO FJ 734818 4/1 /88 4/ 1 /89 UMITLE $ 500 , ALL OWNED AUTOS BODILY SCHEDULED AUTOS INJURY $ ' (NJrperson) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $. DAMAGE EXCESS LIABILITY EACH AGGREGATE A x SX 535680 1 4/1 /88 4/1 /89 OCCURRENCE OTHER THAN UMBRELLA FORM $ 1 , 000 , 1 , 000 WORKER'S COMPENSATION STATUTORY $ I 1 0 0 0 , (EACH ACCIDENT) B AND WP 88-467907 4/ 1 /88 4/ 1 /89 $ 1 , 000 , (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 1 , 000 , (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS 2169'3 Lomita Ave . , Cupertino , CA 95014 CERTIFICATE HOLDER CANCELLATION m' �� s '_= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF C U P E RT I N O EXPIRATIQN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 10300 Torre Ave . MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Cupertino , CA 95014 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Attn : Bert Vi S C O V i C h LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGE OR REPRESENTATIVES. AUTHORIZED REPRESENTA VE .�- --�-� ACORD'25=5(3/88) "F�a">�, `.. " : " ,# ,,," :�,•' `©ACORD;'QORPORATION>7968�" e POLICY NUMBER: C05254812 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES or CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE _ Name of Person or Organization (Additional Insured): Location of Covered Operations CITY OF CUPERTINO AND BILL KINST 21693 Lomita Ave . , Cupertino , CA Premium'Basis Rates Advance Premium Bodily Injury and (Per Property Damage Liability Cost $1000 of cost) $ Total Advance Premium $ (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (other than include as an insured the person or organization • service, maintenance, or repairs) to (called"additional insured")shown in the Sched- be performed by or on behalf of the ule but only with respect to liability arising out of: additional insured(s)at the site of the A. "Your work" for the additional insured(s) at covered operations has been corn- the location designated above, or pleted; or B. Acts or omissions of the additional insured(s) (b) That portion of "your work" out of , in connection with their general supervision which the injury or damage arises has of "your work" at the location shown in the been put to its intended use by any Schedule. person or organization other than an- other contractor or subcontractor 2. With respect to the insurance afforded these addi- engaged in performing operations for tional insureds,the following additional provisions a principal as a part of the same . apply: • project. A. None of the exclusions under Coverage A, (3) "Bodily injury" or "property damage" except exclusions (a), (d), (e), (f), (h2), (i), arising out of any act or omission of the and (m), apply to this insurance. additional insured(s) or any of their em- B. Additional Exclusions. This insurance does ployees, other than the general supervi- not apply to: sion of work performed for the additional (1) "Bodily injury" or "property damage" insured(s) by you. • for which the additional insured(s) are (4) "Property damage" to: obligated to pay damages by reason of (a) Property owned, used or occupied by the assumption of liability in a contract or or rented to the additional insured(s); agreement.This exclusion does not apply (b) Property in the care,custody, or con- to liability for damages that the additional trol of the additional insured(s) or insured(s) would have in the absence of over which the additional insured(s) the contract or agreement. are for any purpose exercising phys- (2) "Bodily injury" or "property damage" ical control; or occurring after: (c) "Your work" for the additional in- sured(s). CG 20 09 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑ • RESOLUTION NO. 8203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERINO AUTHORIZING EXECUTION OF T VEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, WIlLIAM A. KINST, 10130 PASADENA AVENUE WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, William A. Kinst for the installation of certainmunicipal improvements at 10130 Pasadena Avenue and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Eahibit A; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of August , 1990 by the following vote: Vote Members of the City Council AYES: Koppel, Szabo, Rogers NOES: None ABSENT: Goldman, Sorensen ABSTAIN: None APPROVED: /s/ Barbara A. Rogers Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk RESOLUTION NO. 8203 EXHIBIT "An SCHEDULE. OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Duplex Project William A. Kinst LOCATION: 10130 Pasadena Avenue A. Faithful Performance Bond: Part of agreement dated 11-14-88, File #51,634.1 B. Labor and Material Bond: Part of agreement dated 11-14-88, File #51,634.1 C. Checking and Inspection Fee: $ 400.00 Four Hundred and no/100 D. Indirect City Expenses: $ 60.00 sixty and no/100 Dollars E. Development Maintenance Deposit: $ 500.00 Five Hundred and no/100 Dollars F. Storm Drainage Fee: $ 180.00 One Hundred Eighty and no/100 Dollars G. One Year Power Cost: N/A H. Street Trees: By Developer N/A I. Map Cheddng Fee: N/A J. Park Fee: N/A K. Water Main Reimbursement $1,145.00 One Thousand One Hundred Forty-five and no/100 Dollars L. Maps and/or Improvement Plans: As specified in Item #23 of Agreement " T A" AGREEMENT 10130 PASADENA AVE. APN 11357-17-26 This AGREEMENT made arra entered into this 6th day of August , 19 , by and between the CITY OF CVPU TINo, a municipal corporation of the State of California, hereinafter designated as CITY, and WILLIAM A. KINST hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a BUILDING PERMIT to construct and maintain a DUPLEX PROJECT hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by NELSEN ENGINEERING a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the sane 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." File: 51,895 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 DEP LITS Street Improvement Category: PART A. Faithful Performance Bond: SEE AGREEMENT DATED 11-14-88, FILE N 51,634.1 PART B. Labor and Material Bond: SEE AGREEMENT DATED 11-14-88, FILE N 51,634.1 PART C. Checking and Inspection Fee: FOUR HUNDRED DOLLARS AND NO/100 $' 400.00 PART D. Indirect City T' p nses: SIXTY DOLLARS AND NO/100 $ 60.00 PART E. Development Maintenance Deposit: FIVE HUNDRED DOLLARS AND NO/100 $ 500.00 PART F. Storm Drainage Fee: ONE HUNDRED EIGHTY DOLLARS AND NO/100 $ 180.00 PART G. One Year Power Cost: N/A . PART H. Street Trees: By Developer • N/A PART I. Map Chedking Fee: N/A PART J. Park Fee: N/A PART K. Water Main Reimbursement ONE THOUSAND ONE HUNDRED FORTY FIVE DOLLARS AND NO/100 $1,145.00 PART L. Maps and/or Improvement Plans: As Specified in Item N23 22 8O 00 4 tkp • •tt;ao; ges se sapezb pup seurT 'sezis 'sueTd 'suoTgeoT;Toads. . . 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In lieu of a"surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing yith 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 bowl. 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 frac which said sum is calculated, the City Engineer shall notify DEVELOPER of any arlaitional sma due aryl owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to C1TY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 8. MAP CHECKING 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 caupliance 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) . • 9. 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. 10. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREMENT, 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) . 11. 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 the adopted Water Master Plan. The amount shown.herein at Part K, Page 2, shall be the full amount due. 12. 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. 13. THE TnrcmnLLNIYION 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. 14. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such lard 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. • 14 PARK FEE ALL'USI ENT PFCVSICNS . The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires foul confirmation. The CITY shall employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" basedon the appraical , The Developer agrccz to pay for any deficiency'within thirty. (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 15. MAINTENANCE ANCE 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 cut of or due to faulty worship and/or materials appearing in said Work. 16. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this Al2F'DERE, a letter from the Cucertino Sanitary District stating that the DEVELOPER has entered into a separate ACRgh3Tr 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 15 above has been filed. 17. GOVERNMENT CODE • It is further agreed that DEVELOPER shall file with CTTY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, ,A�.,�rty,�icle 8, Chapter 4 of the Government foiepertaining, pertainto special assessments or bonds, have been carplied with. 18. CENTRAL rIHd DISTRICT • • It is further agreed that the DEVELOPER shall file with the CLT?, upon execution of this AGRE VENT, 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 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. • 19. PACIFIC GAS AND ELECTRIC/PAC= BELL • i It is• further agreed that the DEVE[OPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC FFt.r, Company any and all fees required for installation of overhead and/or underground wiring ciraiits to all electroliers within said property and any and all fees required for ' under ro n i nr; as provided in Ordinance No. 331 of C T1 when DEVELOPER is • notified by either the City Engineer or the Pacific Gas and Electric Company and/or PAW SC BELL Ccvtany that said fees are due and payable. 7 • • 20. EASEMENTS AND RIQ?I'-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. 21. HOLD HARMI SS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing ng unto the campletion 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 nor>performance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 22. 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. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. • 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 DEVEDOPER 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 juriaiiction 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. . 23. MAPS AND/OR IMPROVEMENT PLANS • It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and seven (7) prints of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of _._. - all executed.improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. 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. STATE OF CALIFOR IA On this 69-.° day of.... in the year /4 es. 7� y� before me, COUNTY OF.. .. ..... .... .. .. ..DOR d 74/.. A' eC- .[, R!2Q1.!!Sa Notary Public,State of California, duly commissioned and sworn,personally appear � �tncc�cc�c ka7h6..74, .4...,� ..ltS.� ▪ ^o� ;' OFFICIAL I3 personally known to me (or proved to pe on the basis of satisfactory evidence) to be OFFICIAL •T?AL of • cc77 / t,'�� Dorothy Marie Cornelius �+ the person. whose name / 2 9 ' - " r O:A fl PUELIC-CALIFORNIA subscribed to this instrument,and acknowledged that. .—he.c.executed it. -r_-=- •. .,;A CLARA COUNTY 2 IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal My Commission Expires Sept. 15, 1992 ? in the — County of ,:._y;.;i,,"0CoaS.9eUiereC3aC:C3Ca• _- .. atot_r on the date set forth/above in this certificate. .J` i / ////. The document is only'ager,eral form which maybe proper for uso Inemplo transactions and In no Zttli �G/� s(/LCforcam way am•or is Intended to ad.as a anamao for me advice on en attorney.The printer does not Notary Public,State of California make any warmly.®da Mass a YnpOed as to the legal vaadly d any provision a the salaam), qsalaam),of those Ira N any spear transaction. My commission expires f/// - / �— Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 1/83) . ... . • 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 CUPER INO: Approved as to form: / 'i t 4 S Mayor City Attorney City Clerk i_O o DEVELOPER: gtVl Notary Acknowledgment Required