87-036 William Irwin, Improvement Agreement, Olive Ave & Imperial Ave Citsi of Cupertino
10300 Torre Avenue
Cupertino, California 95014 P.O. Box 580
Telephone: (408) 252-4505 Cupertino,California 95015
September 25, 1987
William Irwin
10800 Minette Drive
Cupertino, CA 95014
IMPROVE ENT AGBEE 1' - OLIVE AVENUE AND IMPERIAL AVENUE
•
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and William Irwin, , which
has been fully executed by City Officials, along with one (1) copy of
Resolution No. 7306, which was enacted by the City Council of the City of
Cupertino at their regular meeting of Tuesday, September 8, 1987.
Sal/. cx.24-(
DOROTHY CORNELIUs
CITY CLERK
CITY OF CSJPERTINO
•
cc: Department of Public Works
RESOLUTION NO. 7306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE
LOCATED ON OLIVE AVENUE AND IMPERIAL AVENUE
DEVELOPER, WILLIAM IRWIN
AUTHORIZING THE CITY ENGINEER TO SIGN THE FINAL PLAN; AND
AUTHORIZING EXECUTION OF AGREEMENT IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval of
the final plan for the improvement of street frontage located at Olive Avenue
and Imperial Avenue by William Irwin; and
WHEREAS, there has been presented to the City Council a proposed agreement
for the construction of streets, curbs, gutters, sidewalks, and for other
improvements, and good and sufficient bonds, fees and deposits as set forth in
Exhibit "A", having been presented for the faithful performance of said work and
the carrying out of said agreement; and said plan, agreement, and bonds having
been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that said final plan for the improvement of
street frontage on Olive Avenue and Imperial Avenue be and the same is, hereby,
approved; and the City Engineer is hereby authorized to sign said final plan;
and the Mayor and the City Clerk are hereby authorized to execute the agreement
herein referred to in behalf of the City of Cupertino.
PASSED AND ADOPTED this 8th day of September , 1987, by
the following vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: Gatto
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ W. Reed Sparks
City Clerk Mayor, City of Cupertino
Resolution No. 7306
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: COMMERCIAL DEVELOPMENT
WILLIAM AVERY
LOCATION: OLIVE AVENUE AND IMPERIAL AVENUE
A. Faithful Performance Bond: $18,600.00
EIGHTEEN THOUSAND SIX HUNDRED AND NO/100 DOLLARS
B. Labor and Material Bond: $18,600.00
EIGHTEEN THOUSAND SIX HUNDRED AND NO/100 DOLLARS
C. Checking and Inspection Fee: $ 1,110.00
ONE THOUSAND ONE HUNDRED TEN AND NO/100 DOLLARS
D. Indirect City Expenses: $ 170.00
ONE HUNDRED SEVENTY AND NO/100 DOLLARS
E. Development Maintenance Deposit: $ 1,000.00
ONE THOUSAND AND NO/100 DOLLARS
F. Storm Drainage Fee: $ 163.00
ONE HUNDRED SIXTY THREE AND NO/100 DOLLARS
G. One Year Power Cost: $ 36.00
THIRTY SIX AND NO/100 DOLLARS
H. Street Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: N/A
K. Water Main Extension Deposit: $ 1,413.00
ONE THOUSAND FOUR HUNDRED THIRTEEN AND NO/100 DOLLARS
L. Maps and/or Improvement Plans: N/A
•
AGREEMENT
OLIVE AVE. , & IMPERIAL AVE.
This AGREEMENT made and entered into this - - - 8th day
of September , 19 87 , by and between the CITY OF
CtJPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and WILLIAM IRWIN
hereinafter designated as DEVELOPER.
W I T N E S S E T H •
•
WHEREAS, the DEVELOPER has made application...to the CITY for a
BUILDING PERMIT
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 :HOSKINS 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 railed the "Work."
1
S; 7S ?
.
' • WAS, 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:
ScHEEiJ E OF BONDS, FEES AND DEPOSITS
Street Improvement Category: - .
PART A. Faithful Performance Bond: _-$18,600.00 -
EIGHTEEN THOUSAND SIX HUNDRED AND NO/100 DOLLARSS
PART B. Labor and Material Bond: $18,600.00
EIGHTEEN THOUSAND SIX HUNDRED AND NO/100 DOLLARS
PART C. Checking and Inspection Fee: $ 1,110.00
ONE THOUSAND ONE HUNDRED TEN AND NO/100 DOLLARS
PART D. Indirect City Expenses: $ - 170.00
ONE HUNDRED SEVENTY AND NO/100 DOLLARS
PART E. Development Maintenance Deposit: $ 1,000.00
ONE THOUSAND AND NO/100 DOLLARS
PART F. Storm Drainage Fee: $ 163.00
ONE HUNDRED SIXTY THREE AND NO/100 DOLLARS - -
PART G. One Year Power-Cost: - –— ---- . $- 36.00 . •
THIRTY SIX AND NO/100 DOLLARS
PART H. Street Trees: By Developer
PART I. Map Checking Fee: N/A
PART J... Park Fee: ;_N/A. '_- =y ,
PART K. Water Main Extension Deposit: $ 1,413.00
ONE THOUSAND FOUR HUNDRED THIRTEEN AND NO/100 DOLLARS
PART L. Maps and/or Improvement Plans: N/A
2
'NOW, TBEREFORE, 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:-liensor- -
encuitrances except those which the CITY shall waive in writing. The
DEVELOPER agrees not to revoke said offer of dedication, and to.keep said
offer open until the CITY accepts offer by resolution.
B. Upon execution of this AGREEMENT the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real property
described in Exhibit "A", and such other executed- conveyances, or
instruments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S sole cost and_ expense, to the
City:
(1) A preliminary title report issued by a title insurance
company relating to the property offered for dedication.
(2) A standard policy of title :insurance issued by a title
insurance company and insuring the CITY in the sum_of: N/A, and _
which shall show said property free and clear of all liens or
encuMbrances except those as the CITY shall expressly waive in
writing; said policy shall be furnished at the time of acceptance
of dedication and recordation of deed.
•
C. Upon the condition precedent that the DEVELOPER shall
perform each and every covenant and condition of this AGREEMENT, the CITY
agrees to rapt said real property offered-for dedication. - - -
2. INSTM LTION 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 conpletPG the Work, the CITY may recoVer any 'and all
costs incurred thereby fLuui 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 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--:-they "Director"`=•or
"Director of Public Works" is mentioned, it shall be considered as
referring to the City Engineer. - -
In case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino Sanitary District shall
take precedence over and be used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining,an excavation permit
from the City Enginnor 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 Dt:HI)
•
It is further agreed that the DEVELOPER, when requested by the CITY,
Shall_quitclai& all his rights and interests in, and shall grant to CITY -
-authorization_to =extract water aunt 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! fonsignature.
• 5. PONDS AND OTHER SECURITY
A. - Upon =the execution of this AGREQMFTiT, .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 caid 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 dedicat d, and any
improvements to be made under this AGREEMENT. In the event that
improvements are to be made under this' AGREEMENT, the DEVELOPER Ghaall , 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- - -
DEVELOPrR 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.
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 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 anj- security deposited with the
CITY.
6. CHECKING AND INSPECTION r'.hts
It is further agreed that DEVELOPER shall pay any and all nerpssary
direct expenses for inspection, checking, etc. , incurred by CITY in
connection with said Project, and that DEVELOPER shall have deposited with
-CITY, prior to execution of this AGREEMENT, the amount_ as set forth herein
at Page 2- (Part C) . Should construction cost vary materially from the
estimate from which said sum is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof. -
7. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to . CITY, prior--to
execution of this AGREEMENT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) . -
8. MAP CHECKING rEE
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) . •
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 -
appParing in said work during the period until releace-•.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 DRATNAGE bb
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, 1.977, in the amount as set forth
herein at Page 2 (Part F) .
11. WATER MAIN EX'T'ENSION 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
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 DEVELOPhR 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 standards of the City of Cupertino. Variety of tree shall be selected
frown the City approved list.
14. PARK FEES
It is further agreed that the DEVELOPER shall pay- such feea .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
•
•
15. 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 regi-r 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. -
16. 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 15 above has been filed.
17. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assessments or bonds, have been complied with. •-
-__ _- _- _ 18. -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.
19. PACfl'IC GAS AND FTFCTRIC/PACJE'1C SELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PACIE'1C RST, Company any and all fees required
for installation of overhead and/or underground wiring circuits to all
. electroliers within said property and any and all fees required for
undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER is
notified by either the City Engineer or the Pacific Gas and Electric
Company and/or PACIFIC SELL Company that said fees are due and payable. _
7 -
•
20. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any Pasenent and right-of-way nerpssary 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 Pavement 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 sun 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 LA3MIFSS
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 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_DEVELOPhR 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
railed 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.
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 Engirneer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in - -
coverage without giving the City Engineer at let 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.
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 executers improvement plans and map. -
The DEVELOPER agrees to pay the CITY fi.um -the development maintenance --
deposit the cost for all prints of planc and map required under Item 23. -- -
24. SUC'r PSSORS
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
STATE OF CALIFORNIA I AA. On this a, 'day o6 L' ga.,,- , .Ln .the.
COUNTY OF SANTA CLARA ) yeah. o6 One Tkousan Nine Nunthed and. e V be6one
. me -. w► �� v ,
a dirAy Parte .cn an. /,oh. ' te County a6 Santa CTha
. State o6 Cati.6o4n.ia, n.e4.id.iiig .theAeLn, duty conml.is-
• h.ioned and. .owohn, pe v5ona.C£y appeahed •
_
.,seasucuccpcx,9c0ac.94y.90A5c.emcxscoca • „,w .
y OFFICIAL SEAL peM a EW—hnownto me doh !moved to me on the baso o6
c*,.-� Lucille Campagna-Elaine X 4atib6aCtony evidence I IL.icet a No. 4ps ''3r _ 1
�•F,Fn.:- NOTARY.AIA CLARA
CALIFORNIA a Lo be the vuson whoa name AA hubheiThiT-TtoTie .the
�`-'�T" aHi�lA CLARA COUNTY p
E My Commission Expires Jan. 13, 7989 & pehoon whom. name .t6 hubhchibe.d to .thAA .inhtA mlent, and r
a acknowledged that he executed .i t.
w 5x4.9 .UccUcxucuG.cuc�vpam.9 9.cucuccv�. — — . -
t 'o wuj qt. ' c, rie . i . ,• ' ,ohnia !1 `,.
1
My commi sion expikea /.. ifie
Section 1189, Acknowledgement, Amended .?.I.
.
•
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 CUPERIrINO: -
Approved as to £.,. :
i/ Mayor irj°
"( _ . _ _
.Ors A : e ' 41, a_ kfoi- -
City Clerk
DEVELOPER:
. _ / \gr
e de a``e.
Notary Acknowledgment Required
red
Exhibit A Attached
•
if
i
10
(Rev. 5/9/86)
STATE OF CALIFORNIA, COUNTY OF Santa Clara ss.
On August 27, 1987 ,before me a Notary Public, within and for the said
County and State, personally appeared Rochelle P. Woessner , known
to me(or proved to me on the basis ofsatifactory evidence)to be the person whose name is subscribed to the within instrument •
as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he
subscribed the name of the AMWEST SURETY INSURANCE,COMPANY thereto as Surety,and his own name as Attorney
r _ in Fact. nm ennunermitavest:cmecteeenatevimaiece,�
a
a SUSAN MARIE EXLINEE
3 I' NOTARY PUBLIC-CALIFORNIA �
PRINCIPAL OFFICE IN o -On. Q� {e notaar PUBLIC
O SANTA CLARA COUNTY
Rea.>I�
My
t aCe uracoosse rsecrcieuoa9
STATE OF CALIFORNIA ) ss. On thus67�day o6 ��� , in .the.
COUNTY OF SANTA CLARA ) yeax • 6 ne _ousan Nine Uu ed and. • t7 be6oxe
me _,..• . .t • 75-ei _• __
•
a ,LT nxq•Rubric n an box .the County o6 Santa C.taha
State o6 Cali 6oxnia, xes id-Liig them-in, duty commis-
sioned and .5woxn, peasona-Uy appeaxed •
_
. . • 0. ,_'
:01•9000(9macgoog0‘.00.0,506,000 . pe/edona.'"y nown o me on. pxove. .to me on to lasts ol
OFFICIAL SEAL satis6ae_toay evidence ) )Licen.Se No. s-y3r.3P _ )
Lucille Campagna-Blaine to be .the pens on whose name .i.s subse.i.I.bir oTie the
. NOTARY PUBLIC•CALIFORNIA G peh5011 whose name .L5 sub4en.i.be.d to this instnwnent, and
a AVIA CLARA COUNTY 2 acknowledged -that he executed it.
My Commission Expires Jan. 13, 1989 7�' '
��ct�cucr�cc9cUcucucuc(%c,uc:ucw�cic� /' - .
lT'y it ' c, S , e o ,/ . ' ,oxnia._ _
I' My commission expihe5 94.-,, _.../ . %91P,,- "
Section 1189, Achnow.tedgement, Amended Q '.
1 STATE OF CALIFORNIA, COUNTY OF Santa Clara ss.
August 27, 1987
t On ,before me a Notary Public, within and for the said
County and State, personally appeared Rochelle P. Woessner , known
to me(or proved tome on the basis ofsatifactory evidence)to be the person whose name is subscribed to the within instrument
• as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he
subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney
t in Fact.
I t�osvcae��arecm:ansrzsecmotconnem n ` .
ri "a4. SUSAN MARIE EXLINE3 /J
O.f ' AI ( 4.,r Q
NOTARY PUBLIC-CALIFORNIAS /
t; si+..•� PRINCIPAL OFFICE IN ern
•
tl NOTARY PUBLIC
tioffi SANTA CLARA COUNTY Ap
' My Commission Expires June 26.1990 3
.�Qe�aremuuntcuaysuvu�muivue' �
o - Bond Number: 1131191
ANNUAL PREMIUM $ 372.00
s -
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENTS: -
THAT WE, William F. Irwin
as Principal and Amwest Surety Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of EIGHTEEN THOUSAND SIX HUNDRED AND NO/100 DOLLARS
Dollars ($ 18,600.00
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 DEVELOPMENT
located OLIVE AVENUE & IMPERIAL AVENUE
in accordance with the approved improvement plans prepared by
HOSKINS ENGINEERING • Civil Engineer
onfilein the Engineer's Office, City of Cupertino, and incorporated herein by reference.
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. -
WHEREAS, Principal and Surety shall be responsible for any and all damages arising
under the original contract. - - -
• 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 27th day of August , 19 87
•
(To be signed by G`// Oi, a�F�F%F > j,'c iv.
Principal and Surety. Principal
Notary Acknowledgments
required.) /Amyr .urety Insurance Company
/// Suis•
4 .
ctorney-in-Fact
Rochelle P. Woessner
• The above bond is accepted and approved this day of
19
•
6/17/85
, AMWEST SURETY INSURANCE CO. ��,
P.O. Box 4500 /y� \��)
Woodland Hills, CA 91365• L1/'�1
(818)-7-04- i 1
POWER OF ATTORNEY \ \
• KNOW ALL MEN BY THESE PRESENTS, That AMWEST/SURETY INSURANCE COMPANY, A.CALIFORNIA CORPORATION
does hereby make, constitute and appoint / \ ��
Rochelle/ P. Woessner \
its true and lawful Attorney(s)-in-Fact,, ilh full powerand authority for and on behalf of the company as surety;to execute and
deliver and affix the seal of the company thereto if al is required/onds, undertakinggs, recognizances or other written obliga-
tions in the nature thereof,as follows: /J I \\ `\
Contract Court/License, Permit'and MiscellaneousiBonds.
-
and to bind AMWEST SURETY/INSURANCE COMPANY thereby, and all of the acts of said Attorneys-In-Fact, pursuant to these.
presents,are hereby ratified and confirmed/Thiss appointment is made under arid by authority,of hie following provls ons of the By-
Laws of the company,which are now in full force and effect:/ / \ \\\
\ `Article III,Section7 of the By-LawsPff AMWEST SURETY INSURANCE COMPANY
This Power of Att6rney is signed an'dsealed by facsimile under and by the authority of the following resolutions a opted by
the board of directoorrs'of AMWEST S/U/RETY'INSUR/AN/C/ECOMPAN/Y/at a meeting dui?\heeld on December 15, 1975.
RESOLVED that they ys�ident or any vice-president,in/conjunction with the secretary or any assistant secretary
may appoint attorneys-in fact or agents with authority as defined or limited in the Instrument evidencingtithe appoint,
ment in each case,forand on behalf of the company to execute and deliver and affix the seal of the company to bonds, \
undertakings,recognisances,and suref'yship obligations of all kinds;and said officers may remove any such attorney-
In-fact or agent and revoke any power
of attorney/prreviously granted to.such person.
RESOLVED FURTHER That any bond, undertaking,reco�zance, or suretyship obligation: shall.be valid and: �1
1binding upon1the/company // ----
(i) when/Signed by theepre ident or any vice-president and attested and sealed(if a seal be required)by any sec-
retary or assistant secretary;byAhoff an
fiq/wren signed byithe president ovany vice-president or secretary or assistant secretary, and countersigned
and sealed(if a seal be/eguired) by a d sly authorized attorney-in-fact\or agent; or
/(iu)'when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and
within the limits Of the at thority evidenced.by the power of attorney issued by the company to such person or persons.
7
RESOLVED FURTHER that,the signature of any authorized officer anhdhe seal of the.company may be affixed?
b facsimile to any power of attorney or certification'thereof authorizing the execution and delivery of any bond under-
- taking,recogplzarfce,or other suretyship obligations.of the company;and such`sig nature.and seal when soused shall
/have the samerforce and effect as though manually affixed. \.__ ___
IN WITNESS WHEREOF,AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper of-
ficer, and Its corporate seal to be hereunto affixed this. 1st day of April 19 85 .
'iyJ°fit 1N5°R,,LCfC II AMWEST SURETY INSURANCE COMPANY •
/r •e•Gon oRR♦ 443
%i _•_ f° < Saar / arc--'
P
, *\, ih
,9 Gary R.Peterson,President
111 \ -/ .' icer-4441.1
l , . 41.1 .2 • 1..
Karen G.Cohen,Secretary
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss
On this 1st day of April A.D.,19 85 ,personally came before me Gary R. Peterson
and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM-
PANY,CALIFORNIA 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 the corporation,and that said corporate seal and their signatures as such officers were duly affixed
and subscribed to the said instrument by theauthorityof the board of directors of said corporation.
,s -s OFFICIAL SEAL I'
`\• JANICE DRUEZ I (SEAL) _Cr
1 �• NOTARY PUBLIC-CALIFORNIA14(A1-4-6-V-----
t +�'� - Notary Public
I `s � LOS ANGELES COUNTY l
i _ zw.,,,._,' My comm.!expires MAY 1, 1989 '.
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 further-
more, that the provisions of 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 Jose, CA. this 27th day of August
/'JJ�.//� ,, 1987,
C°1
f: pm?4Fa L i '.Karen G.Cohen,Secretary
Hrl I 4\Y 1 9th
1 -
1 \
1\\•"lr-=M =de
STATE OF CALIFORNIA 1• As. On this �f1Aday o6 y � , in the
COUNTY OF SANTA CLARA ) yeax ne Thousand Nine Nu ed and. • G)7 be5one
me i�a4/Ct. 'C • der - >5-&- ci ,
. a N y' PubtLc in and 'to& he County o6 Santa Mom
. State 06 Ca t6oan.La, n.e/s.i.ding theaei-n, duty cooun.is-
h.Loned and Swan, pen4onafly appeaxed _
•
ooczeocausuoeo vommoomoom, . pemonA h�na n to me oh pec ed to me on the basis 04
OFFICIAL SEAL bat.its6aetoxy evidence 1 (License No. 6 .i-)-3 r38 )
Lucille'Cam a na-8laise
m p e to be the peuusan whose name .is eubsclu;bed taTie.the
• I \ i:"• ' NOTARY PUBLIC-CALIFORNIA . pehban whose name is hU bbChLbe.d to .thL6 .(.nb.th tneit.t, and
aArviA CLARA COUNTY achnoweedged that _he executed 2t.
6t My Commission Expires Jan. 13, 1989 (Q3 � �
X9G49C4JG1C.7.fes`GwCG.fw`G.U'c.U4%']4:U4X'JGd Gam- �,�-
• . (��t4L '[ i .r-!<Fi r
N � PubP,i.c, State o,; Ca i6ohni.a -
, My comm.iaA ion exp-L4ea /9 /i/1F• .
.r =
Section 1189, AchnowLedgement, Amended -
{
•
LABOR AND MATERIAL BOND Bond Number: 1131191 ' •
• (Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:.
WHEREAS, the.C.ity of Cupertino, . State of California, and
William F. Irwin
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 incorporated herein by reference.
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 abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the •
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending 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
EIGHTEEN THOUSAND SIX HUNDRED AND NO/100 DOLLARS
($ 18,600.00 ) .
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 Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, 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.
• Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed bythe
Principal and Surety this 27th day of August 19 87
(To be signed by Principal Principal
and Surety. Notary
acknowledgments required.) Amwest Surety Insurance Company
S etyr
/ /_ — -
i
ney-in-Fact
Rochelle P. Woessner
The above bond is accepted and approved this day of
, 19
•
6/17/85