88-021 Trilex Associates, Improvement Agreement, Resolution No. 7497, Tract No. 8117 TRACT AGREEMENT
•
TRACT NO. 8117 - BLANEY AVENUE
This AGREEMENT, made and entered into this 4;.-W day
of /r' , 19/7 , by and between the CITY OF CUPERTINO, a •
municipal corporation of the State of California, hereinafter designated
as CITY, and PARKSIDE LANE, A LIMITED PARTNERSHIP, BY TRILEX ASSOCIATES, INC.
General Partner
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, said DEVELOPER desires to subdivide certain land within the
City of Cupertino in accordance with the map heretofore filed with the
City Council of the City of Cupertino, marked and designated as
Tract No. 8117 Cupertino,
California, hereinafter designated as the "Tract;" and
WHEREAS, said map shows certain courts, drives and roads which are
offered for dedication for public use; and •
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Tract by Kirkeby & Associates, Inc. •
, a true copy of said improvement plans and
specifications are on file in the Office of the City Engineer of '
Cupertino; aid
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 relied the "Work."
Page 1
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
PART A. Faithful Performance Bond:
SEVENTY THOUSAND AND 00/100 DOLLARS $ 70,000.00
PART B. Labor and Material Bond:
SEVENTY THOUSAND AND 00/100 DOLLARS 70,000.00
PART C. Checking and Inspection Fee:
FOUR THOUSAND TWO HUNDRED AND 00/100 DOLLARS 4,200.00
PART D. Indirect City Thppenses:
SIX HUNDRED THIRTY AND 00/100 DOLLARS 630.00
PART E. Map Filing Fee:
ONE HUNDRED FOURTEEN AND 00/100 DOLLARS 114.00
PART F. Development Maintenance Deposit:
ONE THOUSAND AND 00/100 DOLLARS 1,000.00
PART G. Storm Drainage Fee:
ONE THOUSAND EIGHT HUNDRED EIGHTY AND 00/100 DOLLARS 1,880.00
PART H. One Year Power Cost:
SEVENTY TWO AND 00/100 DOLLARS 72.00
PART I. Street Trees: BY DEVELOPER
PARD J. Park Fee: Zone
FORTY THOUSAND EIGHT HUNDRED SIXTY-SIX AND 00/100 DOLLARS 40,866.00
PART K. Water Main Extension Deposit: N/A
PART L. Maps and/or Improvement Plans: . .As specified in Item No. 23.
Page 2 (continued on Page 2A)
•
PART M. RECONSTRUCTION OF EAST/WEST CORRIDOR
NINE THOUSAND AND 00/100 DOLLARS $ 9,000.00
PART N. IMPROVEMENT OF EAST HALF OF CUL-DE-SAC
TWELVE THOUSAND AND 00/100 DOLLARS 12,000.00
The amounts outlined herein under Parts M. and N.
are deposits for future work by others. Said amounts
are to be paid to the City in compliance with Condition
of Approval, No. 21-TM-87 of the City Council 1/28/88,
Item No. 1.
PAGE 2A
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. INSTILIATION 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 shallbe 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
bptLafications of the ciTY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino ,Sanitary District shall
take precedence over and be used in lieu of such conflicting portions.
2. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by Obtaining an excavation permit
from the City Engineer before the commencement of any excavation in, on,
or under the surface of any existing public street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the proposed
excavation is to commence.
Page 3
. 3. QUITCLAIM DEED
• It is further agreed that the DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant to CITY
authorization to extract water frcmt the um5ergr'ouit strata lying beneath
said project and DEVELOPER agrees to execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature.
4. BOND6 AND OTHER SECURITY
A. Upon the execution of this AGREEMENT, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and faithful
performance of this AGREEMENT. Uhe penal sum of said faithful performance
.bond shall be the full cost of any payment to be made under this
AGLiEE4F T, the value of any land agreed to be dedicated, and any
improvements to be made under this AGREEMENT. In the event that
improvements are to be made under this AGREEMENT, the DEVELOPER shall, in
addition to said faithful performance, file with the CITY a labor and
materials bond in a penal sum adequate to assure full payment of all labor
and materials required to construct said improvements. The amount of said
bonds shall be as designated by the City Engineer. Said bonds shall be
executed by a surety company authorized to transact a surety business in
the State of California and must be approved by the City Attorney as to
form and by the City Engineer as to sufficiency. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to perform
this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure
to so do.
B. In lieu of a surety bond, the DEVELOPER may elect to secure this
AGREEMENT by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified check payable to the order
of the City of Cupertino or,
3. A certificate of deposit, or instrument of credit meeting
the requirements of Government Code Section 66499 (b) or
(c) .
C. The amount of said cash, checks, Certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said
security thereto..
D. No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except upon approval of the City Council.
E. No interest shall be paid on any security deposited with the
CITY.
Page 4
.5. GIECIC]G AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking, etc., incurred by CITY in
connection with :said Project, and that DEVELOPER shall have deposited with
CITY, prior to execution of this AGREEMENT, the amount as set forth herein
at Page 2 (Part C) . Should construction cost vary materially from the
estimate from which said sum is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
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 FILMING 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. DEVELOMIIIYN T 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. STOATS 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 streetlights for one
year.
11. T INSIALIA'uION OF b'12ttla 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 DEV,EIOPER 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 ADJUSIIIENT PROVISIONS
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part J, requires formal confirmation. The CITY
shall employ a qualified local appraiser to provide a market value of the
land. The City will calculate the "Park Fee" based on the appraisal. The
Developer 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 DEVELOYret 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, upon written notice thereof, immediately repair or
replace, without cost or obligation to the City of Cupertino, and to the
entire satisfaction of said CITY, all defects and imperfections arising
out of or due to faulty workmanship and/or materials appearing in said
Work.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, a letter from the Cupertino Sanitary District
stating that the DEVELOPER has entered into a separate AGREEMENT with the
said District to install sanitary sewers to serve all lots within said
Project and stating that a bond to insure full and faithful performance of
the construction of the said sanitary sewers and to insure maintenance of
said sanitary sewer in conformance with the provisions as set forth in
Paragraph 13 above has been filed.
15. BUSINESS AND PROFESSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 11603, Article 8, Chapter 4 of the Business and Professions Code,
pertaining to special assessments or bonds, have been complied with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOYtF( 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 nerpssary fees have been deposited with
said District to insure installation and five (5) year rental fee of said
hydrants.
Page 6
17. SINE ;r LIGHTING - P.G.ard 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 SELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PACIFIC BELS, any arra 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
u de grcu ding as provided in Ordinance No. 331 of CITY when DEVELOPER is
notified by either the City Engineer or the Pacific Gas and Electric
Conpany and/or PACIFIC BELS, that said fees are due and payable.
19. EASEMENTS AND RIGHTOFWAY
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 pirpose 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 HARMLESS
It is further agreed that, commencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the completion of
the •maintenance of the Work as provided in Paragraph 13 above, the
DEVELOPER shall indemnify, hold harmless and defend the CITY frau and
against any or all loss, cost, expense, damage or liability, or claim
thereof, nrrasioned 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 takeout, and
maintain at all times during the performance and maintenance of the Work
called for or required to be done hereunder, a policy of insurance naming
• the CITY and members of the City 'Council of the City of Cupertino,
individually and collectively, and the officers, agents and employees of
the City individually and collectively, as insured. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing
. named CITY and individuals covering all the Work performed by, for, or On
behalf of said DEVELOPER. Both bodily injury and property damage insurance:
must be on an occurrence basis; and said policy or policies shall provide
that the coverage afforded thereby shall be primary coverage to the full
Page 7
• limit of liability stated in the . declarations, and if the City, its
members of the City Council irdivirfi,aily arra collectively, and the
officers, agents, aid 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 mini= amounts: For bodily injury, $100,000 each
person; $300,000 each occurrence,. property damage, $50,000 on
abcunt 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 AGREELTR 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 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. WAFER MAIN ECIENSION DEPOSIT
The DEVELOPER fur her 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 PLANS
It is further agreed that the CITY shall obtain the following map
avid/or plans at the DEVELOPER'S expense:
A. A mylar sepia and thirteen (13) prints of fully executed tract
rep.
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 inprovement 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
{"ATF OF CALIFORNIA
SUNTY OF SANTA CLARA ) ss '
.
•
m this 5th day of May , 1988 , before me Monette K.
Dawson , a Notary Public in and _for said State personally
ippeared August Louis known to me to be the
Executive Vice Ptesident " of Trilex Associates, Inc. the corporation
:hat executed the within instrument and known to me to be the person who
:xecuted the within instrument on behalf of the said `corporation, said
:orporation being known to me to be one of the partners of
Parkside Lane , a limited partnership, the partnership that
!xecuted the within_ instrument, and acknowledged to me that such _ corporation
:xecuted the same as such partner and that such partnership executed the
;ame.
aITNESS my hand and official seal.
OFFICIAL SEAL
a ► MONETTE K. DAWSON ' `�Y\� v ,1 —
ida: NOTARY PUBLIC-CALIFORNIA ' Notary Public, S ate of California
itt: Fy SANTA CLARA COUNTY -
My Comm.Expires.Aug.28,1989
• 24. TIERS AND OONDITIONS
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 n 7sPER. The assignment of this AGREEMENT shall not be made without
approval by the City Council of said CITY.
IN wraiss WHERDDF, CITY has caused its name to be hereunto affixed by
its Mayo 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 - to form: � S
7,e
Mayo/
A__
City Attorney City Clerk ���
i l
DEVELOPER:
PARKSIDE LANE, A LIMITED
PARTNERSHIP
BY TRILEX ASSOCIATES , INC. ,
General Partner
4
BY AUR ST L+LTIS
Exe utive Vice President
Notary Acknowledgment Required.
_f
Page 9
(Rev.3-1986)
•
•STATE. OF CALIFORNIA )
COUNTY OF SANTA CLARA )as.
On this 5th day of May , 198 , before me
Monet-tel.,. Dawson . . . , a-Notary .Public .iand for said State
persona ly.appeared:: :August •Louis known to me :to be
the ' Executive Vice President of Trilex A rociates. Inc.
the,_corporation that executed the-within instrument
and_=known to me._to be-.the _person who -executed__the within instrument
on'- behalf -of-.:the:said corporation, .:said-corporation--being--known- to
me to be one of the--partners of ' Parkside Lane,
A California Limited Partnership, -the ,partnership that executed the
within:_instruthent, and--acknowledged--to-nme -that- such -corporation execut-
ed the same as such partner and that such partnership executed the
same.
WITNESSamyihandoand nfficialfl seat,.1..
r a OFFICIAL SEAL
MON, MONETTE K. DAWSON
;
1 NOSANTA CLARA COU�NTYNiA NCIL - S ta
utteof l(f is
My Comm.Expires Aug.28,1989
•
rrti.✓„� A~v �- W r
.— ; EARLA J. WAGNER
• Q NCTARY PUBLIC-CAL'PCflNIA
4 'gip SANTA CLARA COUNTY
\= '`, li; My Commssian Expires oa 29,1990
Bond f U 68 84 96 r _/
FAITHFUL PERFORMANCE AND COI BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, PARKSIDE LANE, a California Limited Partnership
as Principal and UNITED PACIFIC INSURANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of SEVENTY THOUSAND AND 00/100
Dollars ($70,000.00 )
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 NO. 8117
located SOUTH BLANEY AVENUE
in accordance with the approved improvement plans prepared by
KIRKEBY AND ASSOCIATES, 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
1 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
'h 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 5th day of May , 19 88 .
(To be signed by PARKSI LANE, a C Iifornia Limited Partnersh
Principal and Surety. Princip ,•� ri y- • tes, Inc., General
Notary Acknowledgments By: / rI -/ ae&i t71 . Partner
required.)
By: QC
By: Jo A. o nson C
Attorney-in-Fact
The above bond is accepted and approved this day of
19
6/17/85
•
Bond ii U 68 84 96
• LABOR AND MATERIAL BOND Premluma Included in
•
(Subdivision Improvements) FP Bond.
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
PARKSIIW LAMP, a California Limited Partnership
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 UNIYED PACIFIC IN IRAN - .CMPANY
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, -persans,-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
....----- SEVENTY THOUSAND AND 00/100 DOLLARS
($ 70,000.00 ) ,
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.
9
•
n STATE OF CALIFORNIA )ss.
COUNTY OF SANTA CLARA )
On this 5th day of May , 19813 , before me
Monett@ K. Dawson . . . . , a .Notary Public .in and for sai Std ate
personally.appeared :: :August -Louis" known to me to be
the ' Executive Vice President " " of Trilex As9ociates . Inc.
the corporation that executed the within instrument
and known to me to be the person who -executed the within instrument
on--behalf -of-.the said-corporation, . said corporation---being-known to
me to be one of the partners of Parkside Lane,
A California Limited Partnership , the partnership that executed the
withiw instrument, and acknowledged to me that such corporation �execut-
ed the same as such partner and that such partnership executed the
same. 4
•
WITNESS my hand and official seal. .
4
- OFFICIAL SEAL
MDNET7E
K. DAWSUN Notary. Public, State of California
At 7,y NOTARY PUBLIC•CALIFORNIA
\ y•
t! SANmAE,P• Aug 28:1 989 . •
ik -
O..
ia
Labor and Material Bond !' "' EARLA WAGNERJ.
NOTARY PUBLIC-CALIFCRNI,4
•
i-�. '_`'+` SANTA CLARA COUNTY
And the said Surety, for value ` My Commission,Exp res Oct.29,1990
that no change, extension of time, a: Y
contract or to the work to be perform _
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 addtion 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 5th day of May , 19 88
PARKSIDE LANE, a California Limited Partnership
BY; Trilexssociates, i, ., General Partner
(To be signed by Principal By: if/ %rd
and Surety. Notary (Principa., 5X42 1/0.61.4uLatsklani,
acknowledgments required.)
UNITED PACIFIC INSURANCE COMPANY
,(Surety)
c_
BY: 41kL_AILL.4 Q- .r1L_ALJ % .
( orneyen-Fact
Jody A. ohnson
- The above bond is accepted and approved this day of - ;19
f-i UNITED PACIFIC INSURANCE, COMPANY
1 s HEAD OFFICE, FEDERAL WAY, WASHINGTON
I POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the
State of Washington,does hereby make,constitute and appoint
I
JODY A. JOHNSON of SAN JOSE, CALIFORNIA---
ser true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed
n
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakingsandother writings
obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one
j;, other of such of ricers,and hereby ratifies and confirms all that its said Attorneyfs)•in•Fact may do in pursuance hereof,
I.: This Power of Attorney is granted under and by authority of Article VII of the Bylaws of UNITED PACIFIC INSURANCE COMPANY which
!p, became effective September 7,1978,which provisions are now in lull force end effect,reading as follows:
't
t ' ARTICLE VII – EXECUTION OF BONDS AND UNDERTAKINGS
it
4'. I. The Board of Directors,the President.the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President
or other of ricer designated by the Board of Directors shall have power and authority to (a1 appoint Attnrneys.m•Fact and to authorize them to execute
on behalf of the Company,bonds and undertakings, recognizance'. contracts of indemnity and other writings obligatory in the nature thereof,and Ihl
• to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
,j 2. Attorneys-in•Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bands and undertakings,recognizances,contracts of indemnity and other writings obligatory
in the nature thereof.
. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of mdem'
ij , nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
: to copies of the By-Laws of the Company or any article or section thereof.
3 This power of attorney is signed and sealed by facsimile under and by authority of the hollowing Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY ata meeting held on the 5th day of June, 1979.at which a Quorum was present,and said Resolution has not
II been amended or repealed:
,r
��� "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile
signature, or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
'.f undertaking to which it is attached.•
IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate
it1 1 seal to be hereto affixed,this 6th day of August 19 84
4 /a7)
UNITED PACT IC INSURAN OMP NY
!:i Vice President
y STATE OF Washington
PI COUNTY OF King l e
On this 6th day of August 1984,personally appeared
Charles B. Schmalz
f# to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore-
going instrument and affixed the seal of said corporation thereto, and that Article VII,Section 1, 2, and 3 of the Bylaws of said Company, and the
Resolution,set forth therein,ire still in full force.
M1'Commdpon Expires: y Y `=%7�Z;Ly/� GLZ�LC:�s./__
20 86 • ' aI
�r July ,1B s' wary Public in and for State of Washington
tMilton
. Residing at
It.
"ifi I, Charles J. F6lskow , /staistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
! above and foregoing n a true and correct copy of a Power of Attorney executed by old UNITED PACIFIC INSURANCE COMPANY,which is still in lull
force and effect.
• IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this 5th day of May 19 88
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