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87-037 Gerard Development Corp., Improvement Agreement, Tract No. 8062 - Mary Avenue • • • ..���;•ter _ • Out of Cupertino • 10300 Torre Avenue • P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK October 2, 1987 Gerard Development Co. 141 First Street Los Altos, CA 94022 IMPROVEMENT AGREEMENT - Tract No. 8062 - Mary 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 Gerard Cupertino Partners I, Gerard & Lambert, Inc., which has been fully executed by City Officials, along with one (1) copy of Resolution No. 7317, which was enacted by the City Council of the City of Cupertino at their regular meting of Monday, September 214 1987. Sincerely, DOROTHY CORNELIUS - CITY CLERK CITY OF C[JPER7.'INO cc: Deparbfent of Public Works i - - TRACT AGREEMENT TRACT 8062 This AGREEMENT, made and entered into this c2/,41# day of , 19 ;77 , by and between the CITY OF CUPEE TINO, a municipal corporation of the State of California, hereinafter designated as CITY, and GERARD CUPERTINO PARTNERS I, GERARD & LAMBERT, INC. , General Partner hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupertino inaccordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated as Tract 8062, Mary Avenue, - Cupertino, California, hereinafter designated as the "Tract;" and WHEREAS, said map shows certain courts, drives and mads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the igorovement plans and specifications prepared for the Tract by SANDIS & ASSOCIATES , 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 inprovement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." Page l :i • • WHEREAS,. pursuant to the provisions of this AGREEMENT, the CITY hereby established the amts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONES, FEES AND DEPOSITS PART A. Faithful Performance Boni: $69,000.00 SIXTY NINE THOUSAND AND N0/100 DOLLARS PART B. Labor and Material Bond: $69,000.00 SIXTY NINE THOUSAND AND NO/100 DOLLARS PART C. Checking and Inspection Fee: $ .3,450.00 THREE THOUSAND FOUR HUNDRED FIFTY AND NO/100 DOLLARS PART D. Indirect City Expenses: $ 518.00 FIVE HUNDRED EIGHTEEN AND NO/100 DOLLARS PART E. Map Filing Fee: • $ 128.00 ONE HUNDRED TWENTY EIGHT AND NO/100 DOLLARS PART F. Development Maintenance Deposit: $ 3,000.00 THREE THOUSAND AND NO/100 DOLLARS PART G. Storm Drainage Fee: $ 4,115.00 FOUR THOUSAND ONE HUNDRED FIFTEEN AND N0/100 DOLLARS PART H. One Year Pacer Cost: $ 36.00 THIRTY SIX AND NO/100 DOLLARS PART I. Street Trees: BY DEVELOPER PART J. Park Fee: Zone $64,260.00 SIXTY FOUR THOUSAND TWO HUNDRED SIXTY,AND NO/100 DOLLARS PART K. Water Main Extension Deposit: "Oct PART L. Maps and/or Improvement Plans: By DEVELOPER Page 2 `SNOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the :date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be 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 case of conflict between the State Specifications and the specifications of the, CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 2. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No: 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commerce. • Page 3 y abed .AIMO atp} LT}Tra pagTsodep A3PPnoes Aue uo pied eq 'Retie 3sazaquT oN •a •iTouatoo AgTD egg ;o iencadde uodn 3deoxe sprat eq iris '3Tsodep ;o agr0T3T3zeo zo '310atp '3Tsodep Imo 'puoq A3aans ;o eseetea ON •Q •ogaaat;3 AgTznoes pies ;o spaeooad alp Aidde Atm Amin eq; 'paztnbaz uraaaq s;uemenazdut Atm zo 'pueT ;o uoT3eorap Aur zo '3uaurAtd Aue exalt 03 zo 'aNalmaaw srq; ;o saoTgTpuoo pue s3uetran00 egg uuo;zad oq Aiin3g3Te3 iTr; iris EadOT,3Aaa egg 3e1p3 3tian9 9til um •puoq Ageans P t TM MID egg PStTSTuang 112=2/30 eti3 pet; paz?nbea ll99q aneq PIMA tpTtpet 3g13 03 3uaTeATnbe egg eq new pue 'zaeuTbug A3To egg Aq P93eubTs9p Se aq new 3?Eeao 3o 3uemtz3suT zo '3Tsodep ;o e3e0T;t no 'S1Pet4o 'qseo pips ;o 3unome eui, •0 • (0) zo (q) 66t'99 uopoes epoo 3uatfluuan0o 30 sguatusaTttea et buT3eam 3TPsaa ;0 3uauuursu[ zo '3Tsodep 3o 94E0T;T32eo V •E 'zo ouipzedho 3o A3Tp 9t43 30 xapao egg o3 etgeAed patio peTrT3z'eo r ao 'patp s,xaTgseo V •Z '10 :14523 •T :Ammo 0143 gp.Tm buT3Tsodep Aq XNRWaadDV sitg eanoes o3 3oeTe Atm Era= egg 'puoq A3aans a ;o nazi uI •g sop CS 04 azttTTe3 SaIIdo'IIA2a eti3 103 ALIO eta A;TtuuaPuT asTmaag40 10 MEIN= sit; uuo;zed 03 A3ezns egg uo neo iris z•T,ri etpi 'p9xmbaa uTaaeq .s3tauranazdulT Aue zo 'pueT ;o uoT3eotpap Aur 20 '3uemAed Cur exam 03 z0 'yam mg ;o suoT;Tpuo0 pue sgueiranoo 0143 uuo3.xed o3 ATIn3ti4Te; TIP; Timis Eadolama et.13 ;Egg 3U9A9 etm uI •AouaToT33ns o3 se aeeurbug A3TD etp. Aq Pus 1V2o3 - 03 se Aauzo33y A3p egg Aq panozdde aq ;sum pim. eruzo3TTyo 3o a3e3S ati3 trr sseutsnq A3azns a tpesuez3 03 pazraogq.ne Aurdwoo A3aans a Aq pe noexe 9q Tris spuoq pies •xaeutbca A3p egg Ag pa3eubTsap se eq Tisgs spu0q pips ;o gunome eqm •s;uamen0adut pies ztugsuoo 03 pazTnbaa sieTxa3eu pue awe' ire 3o 3uemAed Ting aznsse o3 a enbepe oris Trued a UT puoq srTae em pie =get 'e AMMO att} 144TH err; 'aoupuuogaed innti3Tp3 PTes o} LUOTWTppm UT 'iris 2IIaO]3LZQ 9143 'S,t 21Sa' sTt43 ieputt epem eq 03 axe squauranazduR 42E14 3uana 0144 uI 711aINMEWDV sTt4. zapun epput aq 03 s3uauettoadbur Aum pup 'p93eoTpep eq 03 paaabe purr Aur ;o enren ati3 'mammy sTtig zapun spent eq 03 3uauded Aur 3o 3so0 ring atp3 9q Tietis puoq eouemzo;xed Tn;tnxe; pies ;o urns Trued atm •yam spq. ;o eoueuuo;zed in3113Te3 ptm Ting rig exnsse 03 puoq eoueutxojzad i113t13Ts3 a ASSJ eti3 tp}prt aTT; Tisgs 2iaaO 2Aaa 0143 'J \i STtn 30 uOT3n0exe egg uodn •v Z1LIU = 2iSKIA CMV SQNOE '4 •ean3eubTs zo3 tuTq 03 paguesazd uat4M 'map ;o 20A23 uT „uoT3PzTz0tpny pue peas ugeT03Tt$„ a agnoexa o3 seeibe alaam3Ci pue 3oe oad pits 143taUBq buTAi rgmags punozFuapun eqg woag aegem 3oezgxe 03 uoTgezTzotigne AMID 03 3uezb Tris Pus 'L1T s3seaeeuT pus sgtibtz srq TIP mteT03Tnb Tris 'AS,n 9143 Aq pegsenbei uatint '2IIdOIIA3a etp3 3s43 peeabe zetpxn3 ST 3I • mat Entriamt "C • r1 . 5. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate frena 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 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 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 release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9. 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 G) . 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 SXRE W 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 FEE ADJUSTMENT PROVISIONS The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Part J, rewires 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. MAINTENANCE OF WORK It is further agreed that the DEVEIAPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council . of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. The DEVELOPER shall, uponwritten 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 Coin, pertaining to speck assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVECAPER shall file with the CITY, upon execution of this AGREE €NT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with • said District to insure installation and five (5) year rental fee of said hydrants. Page 6 • 17. STREET LIGHTING - P.G.and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. 18. PACIFIC GAS AND ELECTRIC/PACIFIC BELT, It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC 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 undergroumding 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. FAsEkE n S AND RIGHT-0F-t aY 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 arra 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 HARt€ESS It is further agreed that, commencingwith 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 arra against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The :DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to- take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide }W1ily injury and property damage coverage to the foregoing named CITY arra 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 employees of the CITY, individually and. collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. A. Each of said policies of insurance shall provide coverage in the . following minimumamounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one oc urrer�ce with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 22. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated September 9, 1977. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at PART K, Page 2 shall be the full amount due. 23. MAP AND/OR IMPROVEMENT PIANS 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 • PARTNERSHIP ACKNOWLEDGMENT NO.203 rr -co" 1 ' S State of California On this the 10th day of September 1987,before me, ti [ ` 1SS. n AN Countyof Santa Clara 111111111111 Ruth R. Jeppson ti Athe undersigned Notary Public,personally appeared ti o A Alan G. Lambert 0 r{7 personally known to me it OFFICIAL SEAL a ❑ proved to me on the basis of satisfactory evidence 1 3/4\1 r RUTH R. JEPPSON o to be the person(s)who executed the within instrument on behalf of the ((0tic,.,A NOTARY PUBLIC - CALIi4RN IA n Q i' 9 COurITY OF SANTA CLARA A partnership,and acknowledged to me that the partnership executed it. ti till ""f.:"" Comm. Exp. April 14, 1989 a WITNESS my hand and official seal. el -v 6J:1{It11•elreeR:eee:OlelBe:91.1ep:ee3l]"'" ':e:e•]fiIJ .Sir N 0 Notary's Signatur• 0 ! ✓ ./ f vtnn we NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364 lO 24. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO: Approved as to form: Si if" I�� Mayor / A zd City Attorney / f ity Clerk DEVELOPER: GERARD CUPERTINO PARTNERS I GERARD & LAMBERT, INC. , General Part if fir tPrereedill 'r Alan G. Lambert, President Notary Aclmowledgment Required. Page 9 (Rev.3-1986) I Of. pERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) • 9/10 87 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS C Mccracken BOeddlker & Ott NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, r EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Insurance Brokers, Inc. 855 Oak Grove Avenue COMPANIES AFFORDING COVERAGE Menlo Park, CA 94025 COMPANY LETTER A CONTINENTAL CASUALTY COMPANY COMPANY B INSURED LETTER Gerard Development Cozration, etal COMPANY (Per named insured endorsanent) LETTER C P.O. Box AG COMPANY D Los Altos, CA 94022 LETTER COMPANY E LETTER COVERAGES _ THIS IS TO CERTIFY THAT 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 CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE MOONY) DATE IMMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2 000 A c< COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1 000 CLAIMS MADE []OCCURRENCE 200038518 8/01/87 8/01/88 PERSONAL&ADVERTISING INJURY $ 1 000 OWNER'S&CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1 000 A. ARE DAMAGE(ANY ONE FIRE) $ Per •• fB. MEDICAL EXPENSE(ANY ONE PERSON) $ 1, AUTOMOBILE LIABILITY ANY AUTO CSL $ ¢��° ALL OWNED AUTOS BODILY � Ysygym.d' R INJURY ,c.. $ SCHEDULED AUTOS (PER PERSON) $ HIRED AUTOS INJURY OLDEST) $ ry; NONOWNEDAUTOS C?� n GARAGE LIABILITY PROPERTY DAMAGE $ • EXCESS LIABILITYEACH AGGREGATE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM STATUTORY ManininMal WORKERS'COMPENSATION $ (EACH ACCIDENTI AND $ (DISEASEPOLICYLIMIT) EMPLOYERS'LIABILITY $ (DISEASE EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS The City of Cupertino and members of the city council, individually and collectively, and officers, agents and employees of the city, individually and collectively are named as additional insureds with respect to work performed by, for or on behalf of the named insured. This insurance shall be primary with respect to - y -tr�ciActe be'th°A 'e13r'c_ 0. C Mils / -'S'-' CANCELLATION City of Cupertino ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX 10300 Torre Avenue PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Cupertino, CA 95014 MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE a ACORD 25-5.(11/85) , C9IIR/ACORD CORPORATION 1985 ,f _ POLICY CHANGE 1 Sept 10, 1967 NAME AND ADDRESS OF AGENCY INSURANCE COMPANY 415 328-1400 MCCRACKEN E:OEDDIKER & OTT ?NS BROKERS INC CNA CASUALTY OF CALIFORNIA 855 OAK GROVE AGENCV CODE p 0 BOX 230 MENLO PARK CA 94025 SAN BRUNO CA 94066 07292A NAME AND MAILING ADDRESS OF INSURED POLICY NUMBER POLICY TYPE 2 00038518 LIAR GERARD DEVELOPMENT POLICY PERIOD (INCEPTION) (EXPIRATION) p 0 BOX AG Alla 1 . 19R7 TO Ana 1 , 1c88 LOS ALTOS CA 94022 Change effective Aug 1 , 1987 1 . LIAR - COMM ' L GENERAL 1 . Mortgaged SEE FILE This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the COMPREHENSIVE GENERAL LIABILITY INSURANCE ADDITIONAL INSURED (Owner's or Lessees) It is agreed that: 1 . The 'Persons Insured' provision is amended to include as an insured the person or organization named below but only with respect to liability arising out of operations performed for such insured by or on behalf of the named insured . 2. The applicable limit of the company ' s liability for the insurance afforded under the Contractual Liability Insurance Coverage Part forming a part of this policy shall be reduced by any amount paid as damages under this endorsement on behalf of the person or organization named below. Name of Person or Organization (Additional Insured) THE CITY OF CUPERTINO AND MEMBERS OF THE CITY COUNCIL, INDIVIDUALLY & COLL- ECTIVELY, AND OFFICERS, AGENTS AND EMPLOYEES OF THE CITY, INDIVIDUALLY & COLLECTIVELY. 10300 TORRE AVENUE CUPERTINO, CA 95014 9 GL 20 10 (Ed. 01 73) Mortgagee C— ,,`1➢ • SEE FILE MoCracken-Soeddiker & Ott (Authorized Signature) C N OTT Y •• ; I ; • •' • • , • , --; 1 '' •RTI -,-htii•J .2 2 „ . .• 11;.1 P• .• ; , T 11 .I D .7::0 '2 f; _ . 12:1 I • 1.1.1 1 11 • TI 'l' ; 11-, I ' •• _lb;1 Ili I_1. f,• , ts • _ -11.1r I 1 • . tti P. t . -/ _ • t't :1117 , •it • I . .7 • . '11 V.T I •• -:t- ri I -11 I '[ ri +. 1 r ' I' ' .$i 1. , IIi P I1,‘ I,1 II,• , I •,. f.' II I.If ' t. .• Dnt t't I t. j .i f •, , z • L ' .11 itil 'i..1 1.-01•1111 f 1. t, to " • 1,f • , I 1.• It r.. , 1 , t' I' • . 1 tt ' 1.1-.1 •; it) ' i 1II I. I: lt 11 '1'21 IT' ,,to , T 1,• -• 1 , .141, ,, . ri-, 061(._ Dui;- _ _ r 14 1." 4 - • .; 44.') "!41 I 1 I . . . . . 4LJ , • 44 0 P" s C 44• I P P - 1 .• .• PARTNERSHIP ACKNOWLEDGMENT NO.203 State of California On this the 8th day of September 1987 ,before me, ti ). SS. b County of Santa Clara Ruth R. Jeppson 1 the undersigned Notary Public,personally appeared ti N Alan G. Lambert ti F S R OFFICIAL SEAL 7 personally known to me & , RUTH R. JEPPSON 0 proved to me on the basis of satisfactory evidence tli • tii2 NOTARY PUBLIC — CALIFORNIA COUNTY OF SANTA CLARA • to be the person(s)who executed the within instrument on behalf of the ti • Comm. Exp. April 74, 1989 partnership,and acknowledged to me that the partnership executed it. ti 1� m WITNESS my hand and official seal. o 1 • Notary'sSI. -: re r // 5 7130122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4825•Woodland Hills,CA 91364 I CORPORATION DI O STATE OF CALIFORNIA COUNTY OF CONTRA COSTA }ss. On .&P 0 B 186 f ,before me,the undersigned,a Notary Public in and for said State, w W personally appeared SHEILA STEVENS S personally known to me (or proved to me on the basis of satisfactory AA evidence)to be the person who executed the within instrument as Attorney- s IL in.Fact on behalf of Developers Insurance Company,the corporation therein , f < named,and acknowledged to me that the corporation executed it. p OFFICIAL SEAL m SUSAN LAMKEY ' WITNESS my hand and official seal. ; n NOTARYPUBLIC CALIFORNIA CONTRA COSTA COUNTY r. y `-ai. '' yr ca+cnum noun lit.18.1991, i XXI 'I: Signature NO/d/rt— � DIC 304(REV.2/85) This area for Official Notarial Seal • • BOND NO. :945409S ANNUAL PREMIUM $ 1,518.00 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE, GERARD CUPERTINO PARTNERS I as Principal and DEVELOPERS INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of SIXTY NINE THOUSAND AND NO/100 DOLLARS Dollars (S 69.000.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, said Principal will perform all necessary improvements relative to TRACT 8062 located MARY AVENUE in.accordance with the approved improvement plans prepared by SANDIS & ASSOCIATES Civil Engineer on file in 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 8TH day of SEPTEMBER 1987 GERARD CUPERT 'A; . IER (To be signed by B' _ AIM— Principal and Surety; Notary Acknowledgments • required.) DEVELOPERS INSURANCE COMPANY Surety By: 721.2-2:e4-.) 1 Attorney-in-Fa t SHEILA STEVENS The above bond is accepted and approved this day of .19 • rs. • 6/17/85 BOND NO: 945409S PREMIUM: INCLUDED IN LABOR AND MATERIAL BOND CHARGE FOR (Subdivision Improvements) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT:. WHEREAS, the .City of Cupertino, State of California, and GERARD CUPERTINO PARTNERS I 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 DEVELOPERS 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 qr 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 SIXTY NINE THOUSAND AND NO/100 DOLLARS ($ 69,000.00 ) . 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 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. PARTNERSHIP ACKNOWLEDGMENT NO.203 (FC— ./,/ J!!!!!!f!J/II!!JllIIJJI./!./IJl!J!!./I!!././/!!!!IJ!/IIIIJIItIJ-l!!lJJIJJ.l./!././Il1Jl!//../lJCrl!_.� State of California Iss. On this the 8th day of September 1987 ,before me,.` countyot Santa Clara Ruth R. Jeppson the undersigned Notary Public,personally appeared S Alan G. Lambert im ew, OFFICIAL SEAL T7 personally known to me e t.-. RUTH R. JEPPSON 0 proved to me on the basis of satisfactory evidence \` E t raga NOTARY PUCUC _ CALL.,.,,,, to be the person(s)who executed the within Instrument on behalf of the 1`1 .2 f ri COUNTY OP 7AHM p9A ! partnership,and acknowledged to me that the partnership executed it. - • Comm. Exp, April 14, /99pWITNESS my hand and official seal. 1 4ehGnlrp19gtn111111luu➢Iu116211iJI MITH/,,,,, S Ndtary's� �/ ' A d •P.O. i!!l!•/!/!JIl!!!l./� 7133 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura RNtl.•PO.Sox 4626•Woodland Hi1Lv.CA 91364 CORPORATION DICO t- STATE OF CALIFORNIA • COUNTY OF CONTRA COSTA }ss. On SEP 0 8 887 ,before me,the undersigned,a Notary Public in and for said State, W cc SHEILA STEVENS w personally appeared , S personally known to me (or proved to me on the basis of,satisfactory cc evidence)to be the person who executed the within instrument as Attorney- .] O. in-Fact on behalf of Developers Insurance Company,the corporation therein N. a„ named,and acknowledged to me that the corporation executed it. i F ,��_�a OFFICIAL SEAL i y WITNESS my hand and official seal, / .1. �. SUSAN LAMKEY d. kc' F :r3 NOTARY RI&lC CALIFORNIA j f CONTRA COSTA COUNTY ' • • /� v- MI Can�nvm eaWtes Wt.IB.1991 N. �'� • Signature "\.!-s""+ DIC 304(REV.2/85) This area for ficial Notarial Seal NJ'!" ‘itt`t.:IXC • • • :;.;....;.? ,it .�V I • • Labor and Material Bond Page 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 8TH day of SEPTEMBER , 19 87 . GERARD CUPER ' _ L •S I • i (To be signed by Principal a and Surety. Notary acknowledgments required.) DEVELOPERS INSURANCE COMPANY Surety By: .(2 i(.2 , Corney-in- .ct (422.4 EILA STEVENS The above bond is accepted and approved this day of , 19 { 6/17/85 POWER OF ATTORNEY OF No 020824INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCECOMPANY P.O.BOX 3343,ANAHEIM,CALIF.'92803 • (714)9994471 NOTICE: 1 All power and authority hereingranted shall.In any event terminate on the 31st day of December,1987. 2. This Power of Attorneyls void if altered or if anyportlen is erased. 3. This Power of Attorney is void unless the seal is readable,the text Is in brown Ink,the,signatures are In blue Ink and this notice is in red Ink. 4. This Power of Attorney should not bereturned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records; KNOW ALL MEN BY THESE PRESENTS,that,except as.exeros*limited;,INDEMNITY COMPANY'OF,CALIFORNIA-..and'DEVELOPERS INSURANCE"COMPA'NY,do each severally,but not jointly,hereby make,constituteand appoint SHEILA STEVENS the,true and lawful'Attorney(s)-in-Fact,to make,:execute,deliver and acknowledge,for and on behalf of oach of said corporations as sureties,bonds,undertakings and contracts ofi suretyship In an amount net exceeding$1,500,000 In any single undertaking;giving and granting unto said Attorney(s)-10 Fact full power and authority to de and to perform every act necessary,requisite orpreperto be donein connection therewith:as each of said corporations could do,but reserving to each of said corpdrationstuil power of substitutionand revoca- tion;sand all of the acts of said Attomey(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed The authority and powers conferred by this Power of Attorney'do,not extend to any of thefollowing bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds bonds on financial institutions,lease bonds,Insurance company qualifying bonds,self-ipsure[s bonds,;fidelity bonds or bail bonds. This Power of Attorneylsgranted and Is signedbyfecsimile undersand byauthority;of the-following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE!COMPANY,affective as ofSeptemberl24',,1988_. RESOLVED;thatthe Chairman of the Board,.the President and any Vice President of thecorporation be;and that each ofthem hereby is,authorized to'e%acute Powers of Attorney qualifying the attorney(s)named in the Powersof Attorney to execute,on behalf of the corporation,bonds undertakingsand contracts of suretyship;and thattheSecretary or any Assis- tant Secietary ssis-tant.Secietary of thecorporatlon be;and each of them herebyis,authorized to'ettestthe execution of any such Power of Attorney;. RESOLVED,FURTHER,thatthe signatures of such oUlcers maybeattfxed toanysuch Powersof Attorney.ortoany certificate relating thereto byfeaslmile,and anysuch'Power of Atter ney or certificatebearingsuch facsimile signaturesshall be valid and binding upon the corporation when so affixed and'In the future with respect to any bond,Undertakingior contract of suretyship to which it is attached. IN WITNESS W HEREOF,INDEMNITY COMPANY OFCALIFORNIAand.DEVELOPERS INSURANCE'COMPANY have severally caused these presentato besignedbythelr respec- tive Presidente espec-tive:Presidents and attested bythe-Irrespective Secretaries this,29th day of October,1986. !INDEMNITYrCOMPANY OF CALIFORNIA, DEVELOPERS INSURANCE'COMPANY cam, If 'BY'.. Jerome '' ':- BY)`)� ^%rJerome Jerome) w eney,President_s_c . 7 Jerome J. we=nay,Prasldenf 0 ANT f:t ::44 ATTEST. 2 'eel0. ATTESTiNo [ [/rea�' 0 i Ir / �n�[roeN"pin. By Y Paul E.Griffin,jr., rotary ///"' Paul E.Griffin, r` aoreiarySTATE OF CALIFORNIA;) y ES. COUNTY OF ORANGE ) _ On October 20,1986,before me,the undersigned,a NotaryPublic in and for said State,personally appeared Jerome J.Sweeney and Paul E.Griffin,J[a personally known to rne'.(or proved to me on the,basisof satisfactory evidence)to bethe personswho executedthewithininstrumentas Presidentand Secretaryon behalf of IndemnityCompany of California and as President and.Secretaryon behalf of Developers Insurance Company,thecorporahons therein named,and acknowledged.to me that the corporations executed it.. WITNESS my hand and official seal. OFFICIAL SEAL I,' VBSNIA M, L©UM:AlNI 'I' Signature ''- ff ' i�' ,PU,B NOTAflYLiCCAitioRNIA I',, Notary Public ' ORANGE'tetUNTY f �`" --` My Oamm$sston Expire§Mar 13,1989,1 I' CERTIFICATE The undersigned,as Executive Vica President of INDEMNIT.Y'COMPANY:OE CALIFORNIA,and Executive Vice President of OEVELOPERS'INSURANCE COMPANY;does hereby certify that theforegoing and attached Power of Attorneyremainsinfull forceandhas notpeen revoked;and furthermore,that the provisionsolthe resolutionsofthe respective Boardsof Directors of said carporatlons set'forthun the Power of Attorney,are in.forceas of the date of this Certificate. This Certificate is executed In the City of Anaheim,California,this 8T '1_ day of SE ,_,198 _Z, INDEMNITY COMPANY OF CALIFORNIA VP Aqy DEVELOPERS INSURANCE,COMPANY WSUR _ _tit Aqf o -: ,p� W0`opPOA,pI, BY E r ___ acL 6. .� :By C..0, . ." � r .5::::::::_j NAfl.2T. o' W lee? 6 Thomas H. ell ide --- > 1678 E ecut v President �c(lrrsfl',4'' Executive Vice President '° f['roasv�r 'ID 210 REV 12/86