Loading...
88-009 George Dai, Improvement Agreement, Resolution No. 7456 / • • AGREEMENT RAINBOW DRIVE fir✓ This AC•c=:•INE rade and entered into this day of , 19 f` , by and between the CITY OF CLrtzd SIO, a ZntnicirPl corporation of the State of California, hereinafter designated as CITY, and MR. GEORGE DAI hereinafter designated as DE E OPER. WI TN ESSETH WHEREAS, the DEVELOPER has rade application to the C=! for a PARCEL MAP to construct and maintain a SINGLE FAMILY DEVELOPMENT • hereinafter referred to as "Project." WHEREAS, CITY hereby approves the ijr rovearent plans and specifications prepared for the Project by RUTH & GOING, INC. a true copy of which improvement plans and soecificatic^s are on file in the office of the City Engineer of Cupertino; and WHEREAS, the sa'f'e are incorporated herein by reference, the sane as though set cut in full; NOW, THEREF=ORE, said inprov�nt pians and specifications shall be hereinafter c-.11ed 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: • SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: PART A: Faithful Performance Bond: * 1. $ 7,310.00 Exhibit "A" TWENTY THOUSAND ONE HUNDRED SIXTY AND NO/100 Dol. 2. 5,940.00 Exhibit "B" 3. 5,410.00 Exhibit "C" 4. 1,500.00 Exhibit "D" $20,160.00 PART B: Labor and Material Bond: * 1. $ 7,310.00 Exhibit "A" TWENTY THOUSAND ONE HUNDRED SIXTY AND NO/100 Dol. 2. 5,940.00 Exhibit "B" 3. 5,410.00 Exhibit "C" 4. 1,500.00 Exhibit "D" • $20,160.00 PART C: Checking and Inspection Fee: $ 1,209.00 ONE THOUSAND TWO HUNDRED NINE AND NO/100 Dollars PART D: Indirect City Expenses: $ 181.00 ONE HUNDRED EIGHTY ONE AND NO/100 Dollars PART E: Development Maintenance Deposit: Paid PART F: Storm Drainage Fee: Paid PART G: One Year Power Cost: Paid PART H: Street Trees: By Developer PART I: Map Checking Fee: Paid PART J: Park Fee: Paid PART K: Water Main Extension Deposit: Paid PART L: Maps and/or Improvement Plans: Paid * These figures are the amounts in addition to those amounts enumerated in the Agreement for this project dated FEbruary 24, 1986. City Council Resolution Number 6780. 2 • • NCW, THEREFORE, IT IS HEREBY MUTUALLY AaR=D by and between the ' parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to d -iicate the re=l pro.- shown on e-y'i i pi t "A", which is attached hereto and trade a cart hereC v reference. Said dedicated property shall be free and clear di all liens or the E.nQ.Ti.Cr?--^.C�s'S except those which CITY shall 4+Z1V- in writing. r:e DENTIOPER agrees not to revoke said offer of dedicat' it, and to keep said offer open until the CITY accepts offer by resoluti. . 3. Upon execution of this A.GE 7", the DEPTITER n acres to deliver a properly executed grant deed to .e CITY of the real pro eny described in Exhibit "A" , and such ether executed conveyances, Cr instruments necessary to convey C1e=r title as herein recuired. The DE;,_:.Cr_, shall provide, at the DLJ- '. PER'S sole cost and expense, to the City: (1) A preliminary t' e retort issued by a title insurance coitca y relating to i s nrcriertv offered for deli cation. (2) A standerd p•licJ of title -insurance issued by a title insurance C.�+ y and i_s..r±ng the CITY in the sum of: N/A, and which Sb 11 spry said pro_re_rty free and clear of all liens or encutbran-- except those as the CITY shall expressly waive in writil.. , i d policy shall be furnished at the time of acceptance of dr.i cation and recordation of decd. . Upon the condition precedent that the DE�Tr_._Oitt sal l perfo e. each and every covenant and condition of this A - 77..._'r, the C II to accept said real property offered for ded i cation. 2. r SMI aTT_ON OF WORK It is further agreed that: A. The DEVELOPER shell install and complete the Work within one (1) year _ic.:a the date of execution of this AGREEMENT, or such longer period as say be ssesifir ily authorized in writing by the Citi! fir neer. In the event the DE�T'Tt._O?✓ER fails or refuses to C..uu.dete 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 stall decide. h CITY ray recoverany and all In the event the CITY c�.plets the Work,. t. e costs inc-i_tl thereby lrulu the DEVELOPER or the DEVTZCPE4'S surety or both. B. The DE OPER shall install and complete the Work in a gngd and wor?aanlike tanner in a -ordance with the plans as approved by the City Engineer of Cure_rtino. The Work shall be done in accordance with existing ordinances and resolutions of the CITTY and in ar-'rdance with all plans, specifications, stardarrds, 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 workaaship tr^ts the standards, specifications, plans, sizes, lines and grades as set forth. 3 • C. It is further agrees that the Work shall be done in accordance • with the most current Standard Specifications of the Department of Public Works, C=l ifor^ia 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 GITY 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 stecificationS of the CiTL and/or the CT_ rtino Sanitary District, the caec fications of the CiTY anO/or the C'terti no Sanitary District shall take precedence over and be used in lieu of such conflicting portions. D. Extent of Work The Developer agrees that the work shall include all work shown on Plans prepared by Ruth & Going, Inc. (1987) and Whaley & Associates, Inc. (1985) , both Civil Engineering firms. 3. EXCAVA TON P 'P It is farther agr-P-•-i that the DE Jfl.OPt R shall =ply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit __om the City Engineer before the c itz enc me_nt of any excavation in, on, or under the surface of any existing public- street, lane, alley, sidewalk, or other public place. It is farther agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the pretosed excavation is to commence. 4. gUTIcT AI Dr-i) It is further agreed that the DEVIIDPER, when request -i by the CITY, spall quitclaim all his rights and interests in, and shall grant to CITY authorization to attract water from the unde_tieund strata lying beneath said project and DETE DPER agrees to execute a "Quitclaim Deed and Authorization" in favor of ci1l, when pr•esentyl to him for signature. 5. BONDS AND OTHER SEa R TY A. Upon the execution of this AGPrFNIENT, the DEVELOPER shall file l e with the CiTY a faithful performance bond to assure his full and faithful cerrfornence of this AGREEMENT. The penal stun of sPid faithful performance bond shall be the full cost of any payment to be made under this AGRET'IE T, the value of any land agreed to be dor-fleeted, and any introvements to be made under this AGREEMENT. In the event that i rrcvercents are to. be made under this AGP=NT, 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 realized to construct said improvements. The amount of Raid bands shall be as designated by the City Engineer. Said bonds shall be 4 C (I g12d) Z a52d g2 uTaaaq 113-10; ;as Sp gunaa*tz; '^.TT'1 ;0 (T9/v0/ZT PesTAaii) Lb •oN aoupuTpz0 ;O T:, uoT40.93 t{'gTM aou2TTr''^7 UT 'squau wctt gangs ;o &roroatp ID-PT; put de's sect; 70 5vmta't aOT;;o aoz 'Sd`i rl:13E V STtfl ;o uoTQnoaxa og. aond '7.1:1,7 ST�TM gTSOGap TTe`- E=dOl/L2Q ati^.' ;'T;-} p z52 aetpin; sT gT f..i 5N=21-ID all.' '8 ' ((2 :Jsd) Z a52d =2 uTaaiag t'lzo; gas S2 ;undue agg. 'sgia anazc*T esa c SuTssaocad oar aTgpooT T 2 asuacbca .-/'q +�.• rp:ZT ' LirSt .c sTtp. 3o uo T groaxe OT to ad '/..I.D 0t A2Q nags O1. ci Tap. �+ � angm; sT ami SZS1L-.ZDC r,.3C.-1Q1u L. •;oaaata gynsaa 2 s2 SuTMo rip ann urns TeU0 .T put nue ;o r--my..A3Q !•_730U T ogs rVauTE( A=T0 912 'Paasinpie0 ST urns Pres 3074M r' 7_ _.2.i Tase etc mflT ATT2Tan2'1L J.-2A = J UOT ns.-';SUCO DTROLzS • (0 arid) z aa".-.^- 12 uiaaaq uga= ass S? "'_''.1?7.^•Yi'2 an 'TAv a w- S T 1 30 uonroaaxa CT flTtd '; TD t;_TM pa;TsodaP anal TTaq' �.�-OT7 Q an; pup '2.040a„ pT2S t.TM uo CGUUCo UT Aq paUS'Dui ' •C4.a '5UOf0 Ila 'uoT 3a0.Ss .To; SasuatLa gonTD tressa^..,au TTe Pus nu2 n23 I-7gs H7-1:O17.3A2Q ;24'q ?x=+52 nt zn ST 'qT •.' " NOI.: DSdSNI ON? --tOD=D '9 a4= t.-c' pagTsocap AgTanoes -nue uo PT20 eq T12cs 2S-32C UT ON • •TTDunop F_TO aqg ;o T2Aoadde uodn gdaoxa a022t aq T T2'•S 'n4saaap ;o 22T220TI7 .c) aO '7pago '1TSCQaO USW 'pUOq Agars 30 9SSTa2 ON •Q 0o1'caatg !_'Ta: as DT2S ;0 S".,aao .zd an ATddC Aeuzz .'� D aqg 'pax nbaa ma.iaq sauce ADnC'i'T Aug ao 'pu2T ;o U0T72D:o=p SUP a0 'gunAad AUC ah2U1 C1 a0 'INTE=-dp Siufl ;0 sioT_Twco put s a—aa.00 an cio_-aC 0; AT L;u_-7 T2; Lit_ T legs 'r'jam%2Q at 1pT.7; -'uana an L •puoq Punts 2 t-'TM 'o"; wi{sn2n r=^7OLLiQ at D2t: ' noai UPC. aAcu DTnVM LDit.4M ang 01 1=+eT2ATttoa afl aq TTS? pup '.129 LI 1„0 'oL_ AQ pagau5Tsan S2 aq flags SO Q .aa^agS.Ar a0 ''_'Tsoda0 ;O c_2DTSTgan 'S'.iotJ 'UScD DT28 ;O 1uno'La a4L •0 . (D) ao (q) 66799 ata guau`.*aanos 3o s ua'_PaTn .T. atply huTgaaL YT.'7= 30 quasi nsU ao ';tso ap 30 areDT:Tarn • E 'ao :OLfl2dtl0 ;o 14TO a a ;o aapao 942 0g aTg2Aed 7Noetp pa T;Tgazp 2 zo 'Nono S1 anTvszo F' .z 'ao :;•.T. 3 attg L.TM b TaTsodaP Aq StQ:.ri32ZJv sru� awes a; _,era Ata' 'O”, n;Q at 'puog ignns 2 20 naTT L.I 02 .op os 0g aafTTe; S, ,d '7 Q aw4 ao; 7TD egg S3Tuumi1T asTaT t3so ao MaINITR1DV STzi4 utzo;sad og Agazns agg uo LLQ Tregs Aim aq 'parrnhea uT3zat( spuauaACadurt • Aug ao 'pup' ;o uoTgeoTpap Sue 10 '.ualaA2d Sup axles og ao sTt ;o suoT4Tpz00 Pus su-euatoO 9144 uno;..Ted Og ATTn;tgTT23 TTs; Trogs :idoZ3AEQ aga qugg ;Lana aqa sir •iotaTDT;'*ns 0z. s2 r�uTE:T:a Ag.TD cell; Sg -cue u:zo; og s2 Aa•,Szoagy AgT0 eq.; Sq pznnadde aq gsnu pup 2Tuao;TTep ;0 aq.24S 9L4-g U7 ssauTsnq /aazns 2 go2St e. Og pazT3otpn'e Aue±n= /gams 2 Aq p groaxa• • • • • • • ' 9. DELfn. OF?e7T i^A.NTEIA`1PNC DE-4257.T. It is further agreed that the DEVELOPER shall pay to the CITY, prior • to execution of this AGZc' 1D1T, 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 wor.)crars:ip and/or materials appearing in said work during the period nil release of the imbroyetent bonds by the CITY. Should the DEVF_._OPER camlets the revui_red re*+airs to to entire satisfaction of the CITY, the unused balance will be retuned after the release of the improvement bonds. 10. STORM DRAINAGE FEE It is further ac`ee that the D`'l :7.2. shall l deros= with the Ci:`!, or;or to execution of this 'CR C, a Stork drainage Gran in connection with said Project in accordance with ne re_ _ramer:ts established in Resolution 4422, March 21,. .1977, in the amount as set forth herein at Page 2 (Part F) . 11. WA'r�R f=,y:V ETCH4SION =SIT 1 The DiJ"Tf.._OPER further agrees to dessit with the C_-Y those cones required to coaoly with "Policy on Water Main :x..esionLs Work and Deccsits" darai 9/30/77. The dexsit shall be held by the CITY until said monies are needed to implement imprcveinents outlined by the Director of Public Works or imrovenents outli*:ed within the adootoi Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 12. ONE YEAR P WER COST It is further agreed that the DEVEWPER shall pay to CITY prior to e'er rtion of this ALR✓ NT, the amount as set forth herein at Page 2 (Pert G) , which amount represents the power cost for street lists for one year. 13. `EE I1*SILAI TION OF ST= TREES It is further agreed that the T.:=0.=. shall, at such time as deemed appiJUri ate by the City Engineer, plant street trees in conformance with the starri?rds of the City of Cuperti^.o. Variety of tree shall be select L.Lt...a the City approved list. 14. PARK I•=- It uSIt is further agreed that the DEVELOPER shall pay such fees and/or de-1 i gate such lard. to the CITY, prior to execution, as is re_uirei within "Park Dedication Ordinance" Number 602, 1972, and which is further st=pulatF'-1 order Part J, Page 2 herein. 6 •aTa2API 7U2 anp B22 saa; pTPs g Au2OBIJ 't 1.a" JT7TfVd aO/pua Au2CEZTD o'}-=.at: pup S20 0Ts TOPd auq ao a'aaUTEua A4TJ apt aay3Ta Aq paT;Tgou sT doT A2Q U=1m 21113 10 TEE ON areuTpa0 uz pap;noad SP BuTigunoafaapun ao_ pea n sae; TTP ut2 Aua Pun Aga-adoad PTPs uTLI4TM Sal TTOs aTa 11-2 oq s4Tna T3 buTaTm purnTf rapin ao%a pea aaho ao uO geT TE4suT .0; peaTntaa saa; 7T2 7UP Au2 AuE'iuc3 a722 JT•T•)Cd 03 ao/zzre A Adan° oTappaTa a 52-0 0T;Toad 03 Aad TTe4S ?i.KrLULi/11Q BL3 42u4 t.a•_? aag;am; ST 41 ?Tai JT rTnlid/DI&oZn QN'd S"J JT Tfl d '6T •squeapAu PT2s go say Teausa aedA (c) BAT; tare uoTn2TT2gsu< a<nsrT oq goTaasTo P eS ' T-M a TSC ap u`ag aA22 Sod: Az2s5a0au TTP gaga euTg c's p e :pa Load p es anaas O; S;ue"pAu aowc_; TreqsuT 03 4cT2:ST2 p eo =-M I;y =Ti U2 O3UT paaoqua seg F=40=20 ay_ q_4, LUT Eqs 'AqunOJ 2aaTJ aquas 3o goTaas;Q u0T g0.Zd 94-TE TPa-lua3 sgg lU TI aag4a1 P T i kr-v-�; STSG Z0 uo 4n0sxa uodn '^.T.T7 aL_ L_TM a L t; TT'24'S ?+oaam aqq. 32t ± poea52 reg4-2n_ sT 31 IDIELSIG :EFT; T'&I1 '81 'L3TM paTI IICO uaag an2t.g 'Spuoq ao S.ueSs9552 TeToads Oa huTuT ga 'accj ;ua'L^. a'a/o au; :0 y a`ogd2t '8 aT0T 'E6.99 UOTgoas O SUOTSTA0a4 Tie g744 a0ua0 TAa TPT Yu2"_',5.^L1S STga. go uOTanoaxa Urjal '.7= i.4TM a TTs ras b-7-10=210 4244 aafl-m; sT 3I SQcD Sdv=v' :ADD LT -paug usaq seg anog2 cT uda:5Prad UT i.•;1ZO= las S2 SuoTSTACad at4a L4TM sou2J120211o0 4T aaNaS AZ2aTu2S p es 10 aou2uc urC2a aarsuT 0; on sn as AS23 r ues 0 Tes as= 70 UoTaonanSU00 au; SO aouepaopaa T1n. T2; pua TTng eansul O3 PUoq P gaga PuTaaas pl Ooacn Td PT25 u'TI TM saoT TTP at.ZS Cq Sa'a^i3S A227,712S TLeS t 01 go-pasTQ PT25 ago k1 TM IKICE EDV agendas P o-'uE Lanus sag F7-107-7&20 sgg g2+ ecT4e4s 40i:.=STTQT�Aac3T"u?S OU`C+a�QPJ at; mn-1 1993391 P 'ININIZ:°"d 5Tgg ;0 uOTlntaxa 110th '71,11D g4Tm sIT; TTPt'S ?.=.doflA2Q atip. ;Pgq Peaz 2 aa. J sT 41 SJ127SIQ REVIIN`:S '91 'xaoM p} o LIT 5uTa2adde s eTaaqua ao/cue drvsual:gaM A4TnS; oq anp ao ao qno EuTsTaP suer a a 11 put soa;ap TT21 TP 'ALIO PS }o uoT:�2asTg2s aaTqua a•.403 pup 'oupa-adro 3O A4TJ a4g o✓ uoTq'5TTg0 a0 3S00 ;noggTM 'aoPTdaa 20 a L e.:aa ATa3PTpaun+IT ' 014'goaaaga aOT•l0U ua34 TaM uodn "flogs ?=3073n3Q atrs, 'xaoM au; sog suoT3PoT;TOads pie saznpue4s A3TJ sun. Pue sueTd a4g 0; =gum 03 pegoaaaCO ase xaoM 94^3 uT saT0uaT0T3aP 1Te , .:qun xaoM at44 uT2}trT2ut Iregs .dO nA3Q ak'q 424'3 paaa52 aag;amg sT 31 • )1dQ4 .iO =le- 'ST . • • 20. EkSfl IIS AND RT_C--T-OF-WAY It is further agreed that any ewnent and right-of-way necessary for completion of the Project shall be accuimed by the DEVfQPE2 at his own cost and expense. It is provided, however, that in the event eminent dora i n precee<ii rhos are required by the anY for the purpose of securing Laid P?Se-ent and right-of-way, that the DEVLi2P shall deposit with art a sum covering the reasonable market value of the lard procosed to be taken and to be included in said situ shall be a reasonable allcwanre for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and cosy, engineering, and other incidental costs in such reasonable annuns as the Cri may rthu`yre shall be deposited with the City of C terl.in0. 21. HOLD 'r3_PMT.—SS It is further agreed t`'at, commencing with the performance of the Work by the DEV DF=R or his contractor and continuing until the car:L _ion of the raP i ntenance of the Work, to DEVlDPERshall l i_nr i fy, hold ta_r-iless and defend the = frau and against any or all loss, cost, else, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising cut of the performance or nonper=cr_.ance of the Work or the negligence or willful misconduct of t.e.DF.v:.:_DP? or the D-) P 'S agents, ekloyeC5 and independent contractors. 22. DISGRANG� It is further agrecei that: The DEVf.APS shall take cut, cr shall recto i re any contractor engaged to perform the Work to take cut, and maintain at all times during the performance and maintenance of the Work calle.^ for or required to be done hereunder, a polio"; of insurance naming the C and ram-doers of the City Council of the City of a. rtino, individually and collectively, and. the officers, agents and e^nle_;ees of the City individually and collectively, as insured. Said separat=e policy shall provide hrriily injury and property damage coverage to the for oing named C TY and i n ividuals covering all the Work pe'fcnr i^... by, for, or on behalf of id DEVELOPER. Both bodily injury and pro .._, t damage insurance must be on an o -rr-ence basis; ern: 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 collect_.ively, 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 exrpPs 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 o currence with an ayytte limit of not less than $200,000. 3. The DEVELOPER shall file with the City Engineer at or prior to the tire of execution of this AaREEME T 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 sen '-ate matk:ipality or political subdivision of the State of c-slifornia, the policies of insurance recu'el herein and above shall co-name such nancirrlity or political siriivisicn and the provision set forth herein and above for the protection of the CITY shall equally apply to nmicipality and politica1 subdivision. 23. NAPS AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall Ob' in the following rap and/or plans at the DEVELOPER'S expense: A. A mvlar sepia and seven (7) prints of fully executed parcel mat. 3. A m_ylar sepia and ten (10) prints of fully executirovement plans. C. A direct duplicating silver negative microfilm ape_rature card of all executed improvement plans and map. he DEVELart_rt agrees to pay the CITY frog 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 4=nsferrees of the DEVELOPER. The assignsent of thisaREE shall not be rade without acoroval by the city council of the City of Cupertino. • 9 25. 'REIMBURSEMENT The Developer further agrees that he will construct all work and that he will be reimbursed in accordance with the provisions herein below. 1. The Developer agrees that the work outlined in Exhibit "C" is the responsibility of the Gregory Group, Inc. , Tract 7907 and the Gregory Group, Inc. will deposit with the City an amount outlined on Exhibit "C" plus adjustments. The City will reimburse to the Developer an adjusted amount which could be larger or smaller than the amount shown in Exhibit "C". The adjustments to the Exhibit "C" amount shall only be based on quantity adjustments for field changes in the work. The City Engineer shall determine the final amounts based on Engineer certified quantities. 2. The Developer further agrees that the work outlined in Exhibits "B" and"A" is the responsibility of others but must be accomplished to maintain the safety of the public. The amounts outlined in Exhibits "B" and "A" shall be reimbursed to the Developer. at a future date if and when the City collects from future Developers the amoutns in said Exhibits "B" and "A" No reimbursement shall be due the Developer after the expiration of ten (10) years from the date herein above. 3. The amount shown in Exhibit "D" is the value of the additional amount of work to be accomplished. New work is delineated on the Ruth and Going, Inc. plans (1987) . This work is the responsibility of the Developer and is not subject to reimbursement. • 10 ' State of _PA -061 � On this the r 'R'day of 1N • y 19 &a?before me, k SS. • County of .SSrt rA e[,/-1,P/-1 dA,�OL L, L'/ auu 1 the undersigned Notary Public, personally appeared a r > C A caie,c. S, E. UPI ® � N ua p� E I --•-,: personally known to me 0 CCOW p OFFICIAL SEAL proved to me on the basis of satisfactory evidence \ ` • CD _e CAROL L CRONE o be the person(s�)whose name(e) L5 subscribed to the S `'L C NOTARY PUBLIC — CALIFORNIA within Instrument,and acknowledged that h1G' executed it. m ��� COUNTY OF SANTA CLARA 1 Et0 g7NITNE my hand and official seal. 0 221 - Comm. Brp, Oct. 27, 1989 / CO 0 r�tFrFeceoouaoete2wlururoomoeuoomloesaralauoeoroae© � l 0 1 Notary's Signature 1 ti GENERAL ACKNOWLEDGMENT FORM 7110052 • LN WTTNIESS WHE FOF, 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 yanr first above written. CITY Y OF CJP.fl tit/, �. Ptorov=• as to form: �. 41# .11" 41111P City Atto rey401 � City Clerk ! /r'sp DE,=.OPER: Cnnte---A-V4 Notary Acknowledgment Revuired Exhibits "A","B","C", & "D" attached 11 (Rev. 5/9/86) • . EXHIBIT "A" d_ SRC Ruth and Going, Inc. 11-1-ALI December 8, 1987 17295-101 CONSTRUCTION COST ESTIMATE RAINBOW DRIVE EAST OF S.P.R.R. NORTH HALF STREET, FRONTING LOT ADJACENT TO RAILROAD UNIT TOTAL QUANTITY PRICE COST 89 LF Of Curb and Gutter (24" pan) $6.00 534.00 1 EA Adjust Existing Manhole 200.00 200.00 88 LF Remove Ex. Sidewalk 5.00 440.00 88 LF Remove Ex. Curb and Gutter 5.00 440.00 * 1,334 SF Remove Ex. A.C. Pavement 0.30 400. 20 178 SF 4" Agg. Base for Curb & Gutter 0.50 89.00 * 1,106 SF 3" A.C. Paving on 11' Agg. Base 3.00 3,318.00 Lump Sum Move-in (Partial) (incl. Traffic Control) -- 300.00 1,284 SF Street Grading 0.30 385. 20 Misc. Landscaping, Cleanup (Partial) -- 250.00 56,356.60 15% Contingency 953. 60 $7,310.00 * Alternate assumed to be 8%" (min. ) deep lift A.C. This estimate is no guarantee of costs, or quantities, but rather represents the engineer' s best estimate based upon information available at this time. Final cost of improvements might be different. +35CE:LO EXHIBIT "B" Ruth and Going, Inc. December 8, 1987 17295-101 CONSTRUCTION COST ESTIMATE RAINBOW DRIVE EAST OF S.P.R.R. NORTH HALF STREET, ADJACENT TO LOT ON MANITA COURT UNIT TOTAL QUANTITY PRICE COST 35 LF Of Curb and Gutter (24" pan) 56.00 210.00 35 LF Remove Ex. Sidewalk 5.00 175.00 35 LF Remove Ex. Curb and Gutter 5.00 175.00 * 638 SF Remove Ex. A.C. Pavement 0.30 191.40 70 SF 4" Agg. Base for Curb & Gutter 0.50 35.00 * 638 SF 3" A.C. Paving on 11' Agg. Base 3.00 1,914.00 545 SF Grind Ex. Pavement & Overlay 1%" Min. 3.00 1, 635.00 Lump Sum Move-in (Partial) (incl. Traffic Control) -- 200.00 1,253 SF Street Grading 0.30 375. 90 Misc. Landscaping, Cleanup (Partial) -- 250.00 $5,161.30 15% Contingency 778.70 55, 940 .00 * Alternate assumed to be 8%" (min. ) deep lift A.C., requiring grinding of exist. pavement near conform. This estimate is no guarantee of costs, or quantities, but rather represents the engineer' s best estimate based upon information available at this time. Final cost of improvements might be different. +36CE:LD • EXHIBIT "C" • Ruth and Going, Inc. December 8, 1987 17295-101 CONSTRUCTION COST ESTIMATE RAINBOW DRIVE EAST OF S.P.R.R. IMPROVEMENTS BETWEEN EAST RAIL OF S.P.R.R. AND EASTERLY 'R-O-W UNIT TOTAL QUANTITY -PRICE COST 225 SF Of Sidewalk $1.90 $427.50 45 LF Of Curb and Gutter (24" pan) 6.00 270.00 * 780 SF Remove Ex. A.C. Pavement 0.30 0234.00) 315 SF 4" Agg. Base for Curb & Gutter, Sidewalk 0.50 157J50 * 820 SF 3" A.C. Paving on 114 Agg. Base 3.00 2,460.00 20 LF Barricade (N of S/W @ R.R. ) 25.0,0 0500.00 Lump Sum Move-in (Partial) (incl. Traffic Control) -- 500.00 1,350 SF Street Grading 0.30 405.00 3 EA Railroad Crossing & Speed Signs 100.00 300.00 Misc. Landscaping, Cleanup (Partial) -- 250.00 $4,704 .00 15% Contingency 706.00 $5,410.00** * Alternate assumed to be 8`/:" (min. ) deep lift A.C. , requiring grinding of exist. pavement near conform (either end) at railroad crossing to provide minimum of 1'/2" finish coarse. ** This is the amount proposed to be paid by the Gregory Group, Inc. , developers of Seven Springs Project. This estimate is no guarantee of costs, or quantities, but rather represents the engineer's best estimate based upon information available at this time. Final cost of improvements might be different. +34CE:LD EXHIBIT "D" SOUTH SIDE OF RAINBOW DRIVE 1. PAVEMENT REMOVAL 1,100.0± @ $0.30/0 $ 330.00 2. BASE ROCK 1,1000± @ $0.65/0 650.00 3. MISCELLANEOUS GRADING 500.00 $1,480.00 20.00± TOTAL $1,500.00 .rr rr _ rrrrrrrriirrrririiirrrrr»--<-.:;i_: =.A crrr-rrrr.:;��rirriirrrrirrrrrrrrrrrrrrrrr✓rrir • State of /� iiL� On this the ,AO day of .--)0') .44-,---A19��before me, � �^. _ ss. / 1/411 County of 2-fru /fl /102v' r sr the undersigned Notary Public,personally appeared ti �� i/ / i • ,Ii-/ /Ads/ i. /moi i i . ../lLG I 6ae.Aaaaleataalaaaaeneaoaaanaamnurnanonannna� 61 OFFICIAL SEAL I E c BARBARA MURPHY a ersonally known to me o MI' e t,Q : o d❑ proved to me on the basis of satisfactory evidence NOTARY PUBLIC — CALIFORNIA " `.j COUNTY OF SANTA «„� to be the person(s)whose name(s) Of/LQ subscribed to the to d ? ,w Comm. Exp, Feb. 26, )99r within Instrument,and acknowledged that �`��jf executed it. �neaao.a.eaaaaounemneuIIOOaaiOalauISMlllIueaaOE WITNESS my hand and official seal. IS in l` c 1 o Notary's Signature 1/rr lrrlrrl./J!!!/.r/r!r!./.rlr./rrrrrlrr/rtl!/JrrrJr!!!rI!!r/r!./rrrlrllrrr!!./rrr�l�r.!!./rr!r J' rrl) STATE OF Cal ifnrnia ) )ss: County of Santa Clara ) On this 8 day of March 1988 before me Joanne Mauseth , allotaryPublic, personally appeared Charl es Gri swol d personally known to me(or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Transamerica Premier Insurance Company and acknowledged to me that he subscribed the it, e of the Transamerica Premier Insurance ' , Com an thereto and his own name as Attorney-in-Fa, . w _ mtmuamsaacunu etsue JOANNE MAUSETH , P: 1b NOTARY PUBLIC-CALIFORNIA a, i St Ai / '' PRINCIPAL OFFICE IN No ry Public in and for the Cou ty of L SANTA CLARA COUNTY m 1'' My Commission Expires May 17, 1991 ig assauuuuuaeiuueueuaaa. Santa Clara , State of California 30272 3-85 Bond No. TPI 779911 • BOND EXECUTED IN DUPLICATE ANNUAL PREMIUM $ $403.00 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE, George S.H. Dai and Luna Y.S. Dai as Principal and Transamerica Premier Insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of TWENTY THOUSAND ONE HUNDRED SIXTY AND NO/100 DOLLARS Dollars ($ 20,160.00 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 SINGLE FAMILY DEVELOPMENT located RAINBOW DRIVE • in accordance with the approved improvement plans prepared by RUTH & GOING, INC. • 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 8 day of March 19 88 A Ge rge S.H. Dai and Luna Y.S. Dai (To be signed by - S - or Principal and Surety. Principal Notary Acknowledgments required.) Transamerica Premier Insurance Company Sure / , ��� By: / �J!/�"°V- ttorney-in-Fact Charles Griswold The above bond is accepted and approved this day of 19 6/17/85 • BOND EXECUTED IN DUPLICATE Bond No. TPI 779911 Premium: Incl. in Perf. Bond • LABOR AND MATERIAL BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT:. WHEREAS, the City of Cupertino, State of California, and George S.H. Dai and Luna Y.S. Dai 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 Transamerica Premier 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 TWENTY THOUSAND ONE HUNDRED SIXTY AND NO/100 DOLLARS ($ 20,160.00 ) , 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. ti!! !! , � cr_cc c,cr_ /!!!!/!l!J!!.I_ —:- ..i^!/Jl I/1/_Cci d J/lJJ-,!!..!!,!/!/!!!!!!.!J./l!/f!!!!!!! ! State of it.A On this the/9 fl%day of C7_ /�L 1911:before me,o ti / SS. o County of di�i.iaLf2 — / o tithe undersigned Notary Public,personally appearedo osl et( Dial; neuegmeien¢¢¢r¢¢¢¢¢arLunoummrmnnuneun® ( • W�� `y ��� 0 t Ill o. .. � � OFFICIAL SEAL personally known to me 0 e g J ; .�f• BARBARA MURPHY _❑ proved to me on the basis of satisfactory evidence '1 if '-e aye I� NOTARY PUBLIC — CALIFORNIA V. �7 � � Walt 0 I. �` COUNTY of SANTA CtARA to be the person(s)whose name(s) [ [/c.c i subscribed to the S a • "°'" executed it. d Con.m. Ezp. Feb. 26, 1 991 a within Instrument,and acknowledged that ii L3 'ueu¢u.'L¢e¢ea¢¢¢�eanueennenn.e.nunn¢n¢¢nen..l,, b' WITN S my hand and official seal. N R o � a- oir ary's Signature 0 !!!� e STATE OF California ) ss: ,i County of Santa Clara ) On this 8 day of March 19 88 , before me ,manna Mauseth , aNotary Public, personally appeared Charles f;ri swnl d. personally known to me(or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Transamerica Premier Insurance Company and acknowledged to me that he subscribed t • r ame of the Transamerica Premier Insurance Co9121%i ( inalwfawsinffi Corney-i act. I "Ai, JOANNE MAUSETH ._ 41 NOTARY CIPAL CACIFORNIA$ i^1 rYJ��\\`i�y -�f��I�CitLX�� PRINCIPAL OFFICE IN � _ ��/ }t `S SANTA CLARA COUNTY go NI aryPublic in and for the Co my of My Commission Expires May 17, 1991 3 =n"° "nsura ' Santa Clara State of California a 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 8 day of March , 19 88 • • George SH. Dai and Luna Y.S•./ Dai 'rincipal (To be signed by Principal • and Surety. Notary acknowledgments required.) Transamerica Premier Insurance Company Sur- y • By: ttorney-in-Fact . -_.-- — -. Charles Griswold 7 • The above bond is accepted and approved this day of , 19 .. 6/17/85 • IIIb •TiransameFtCaSeriTransamerica Premier Insurance Company III Administrative Office Irvine.California nsurance vces GPA N° 2650 Power of Attorney valid only if numbered in red. General Power of Attorney • Know All Men by These Presents,That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative 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 Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. Guarantee Agreement) - MAXIMUM PENALTY $500,000.00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $100,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1989" 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 Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "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, consents of surety and other conditional or obligatory undertakings 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, Transamerica Premier Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 16th day of October A.D., 19 87 001EtWs& 4.. 944, TRANSAMERICA PREMIER INSUR j E CO '11 sic 0o By L cc 2 z INCORPORATED /-a /V.State of California JULY 1, 1941 -c ss.: # County of Orange CALIFOR0 On this 16th day ofJoan M. Wynn October iahneme the year 198onall aeformee ry public, P V pP Jack M. Trapp , personally known to me to be the person who executed the within instrument as ' Presi dent , on behalf of the corporation therein named and acknowl°, d.4a.1^° the ha•nr araliaolgaPI; it. OFFICIAL SEAL III. `\c-..� 1� NOTARY FUi.ilpr yt .IvilA A_, l X��I�— k,.;-.;,:p, PRINClr-AL OFFICz iN Q•,v. °RANGEc:o:,NTY ii Notary Public M( COMMISSION CXPiIFS OCT. I7, 1":7t IP I,the undersigned Secretary of Transamerica Premier 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 Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, 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,maybe affixed or printed 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,this 8 day of March 19 88 cia p THIS POWER OF ATTORNEY EFFECTIVE ONLY IF c ATTACHED TO BOND NO. TPI 779911 Secretary 30024A 10-85