88-027 Yamoka Development, Inc. Improvement Agreement, Portal Plaza Shopping Center, Resolution No. 74984 .y
r J
let
Cites of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408)252-4505
DEPARTMENT OF THE CITY CLERK
June 8, 1988
Yamaoka Development, Inc.
505 South Pastoria Avenue
2nd Floor
Sunnyvale, CA 94086
IMPROVEMENT AGREEMENT - NEW PORTAL PLAZA SHOPPING CENTER
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and Yamaoka Development,
Inc., which has been fully executed by City Officials, along with one (1)
copy of Resolution No. 7498, which was enacted by the City Council of the
City of Cupertino at their regular meeting of Monday, May 16, 1988.
Sincerely,
DOROTHY OORNELIUS c I
CITY CLERK
CITY OF CUPERTINO
cc: Department of Public Works
RESOLUTION NO. 7498
A RESOLL7PION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED ON
THE NORTHEAST CORNER OF PORTAL AND STEVENS CREEK BOULEVARD
DEVELOPER, YAMADKA DEVELOPMENT, INC.,
AU HCEIZING ECEfJTION OF IMPROVEMENT AGREEMENT;
AUThERIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS
WHEREAS, there has been presented to the City Council for approval of
the parcel map and improvement plans of property located on the northeast
corner of Portal Avenue and Stevens Creek Coulevard by Yamaoka
Development, Inc.; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, arra for
other improvements, and good and sufficient bonds (letter of credit) ,
fees, arra deposits as set- forth in Exhibit "A" having been presented for
the faithful performance of said work and the carrying out of said
agreement; and said map, agreement and bonds having been approved by the
City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said parcel map and improvement plans herein referred to are
hereby approved.
b. The offer of dedication far street areas and all easements are
hereby accepted.
c. The City Engineer is hereby authorized to sign said improvement
plans.
d. The City Engineer and the City Clerk are hereby authorized to
sign said parcel map and have it recorded.
e. The Mayor and the City 'Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day ofl May 1988, by the
following vote:
Vote Members of the City Council
AYES: Johnson, Koppel, Plungy, Rogers, Gatto
NOES: None
ABSENT:None
ABSTAIN: None
Resolution No. 7498
EXHIBIT upon
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Commercial
Yamaoka Development, Inc.
LOCATION:Northeast Corner of Portal and Stevens Creek Boulevard
A. Faithful Performance Bond: 18,000.00
EIGHTEEN THOUSAND AND 00/100 DOLLARS
B. Labor and Material Bond: 18,000.00
EIGHTEEN THOUSAND AND 00/100 DOLLARS
C. Checking and Inspection Fee:1,080.00
ONE THOUSAND EIGHTY AND 00/100 DOLLARS
D. Indirect City F3enses:162.00
ONE HUNDRED SIXTY TWO AND 00/100 DOLLARS
E. Development Maintenance Deposit: 1,000.00
ONE THOUSAND AND 00/100 DOLLARS
F. Storm Drainage Fee: 6,893.00
SIX THOUSAND EIGHT HUNDRED NINETY-THREE AND 00/100 DOLLARS
G. One Year Power Cost: 144.00
ONE HUNDRED FORTY-FUDR AND 00/ DOLLARS
H. Street Trees: BY DEVELOPER
I. Map Checking Fee: 210.00
TWO HUNDRED TEN AND 00/100 DOLLARS
J. Park Fee: N/A
K. Water Main Extension Deposit N/A
L. Maps and/or Improvement Plans: As specified in
Item No. 23
M. Reimbursement to City for Ungrour iing: 41,567.00
FORTY-ONE THOUSAND FIVE HUNDRED SIXTY SEVEN AND 00/100 DOLLARS
The Developer shall pay the City for the City's empense in undergrounding
the overhead lines along Stevens Creek Boulevard.
c.
Resolution No. 7498
APPROVED:
s/ John M. Gatto
Mayor, City of CUpa Lino
AMTESP:
s/ Dorothy Cornelius
City Clerk
AGREEMENT
STEVENS CREEK BOULEVARD
This '0'20113 made and entered into this 9th day
of May 19 88 , by and between the CITY OF
LUPE TINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and YAMAOKA DEVELOPMENT, INC.
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application-.to the CITY for a
PARCEL MAP AND A BUILDING PERMIT
to construct and maintain a COMMERCIAL DEVELOPMENT
hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by MARK THOMAS & CO. , INC. •
a true copy of which improvement plans and specifications are on file in
the office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as
though set out in full;
NOW, THEREFORE, said improvement plans and specifications shall be
hereinafter called the "Plans," and the work to be done under the Plans
Shall be railed the "Work."
1
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 BONGS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: 18,000.00
EIGHTEEN THOUSAND AND 00/100 DOLLARS
PART B. Labor and Material Bond: 18,000.00
EIGHTEEN THOUSAND AND 00/100 DOLLARS
PART C. Checking and Inspection Fee: 1,080.00
ONE THOUSAND EIGHTY AND 00/100 DOLLARS
PART D. Indirect City Expenses: 162.00
ONE HUNDRED SIXTY-TWO AND 00/100 DOLLARS
PART E. Development Maintenance Deposit: 1,000.00
ONE THOUSAND AND 00/100 DOLLARS
PART F. Storm Drainage Fee: 6,893.00
SIX THOUSAND EIGHT HUNDRED NINETY-THREE AND 00/100 DOLLARS
PART G. One Year Power Cost: 144.00
ONE HUNDRED FORTY-FOUR AND 00/100 DOLLARS
PART H. Street Trees: By Developer
PART I. Map Checking Fee: 210.00
TWO HUNDRED TEN AND 00/100 DOLLARS
PART J. Park Fee: N/A
PART K. Water Main Extension Deposit: N/A
PART L. Maps and/or Improvement Plans: ' As specified in Item No. 23
PART M. REIMBURSEMENT TO CITY FOR UNDERGROUNDING: 41,567.00
FORTY-ONE THOUSAND FIVE HUNDRED SIXTY-SEVEN AND 00/100 DOLLARS
The Developer shall pay the City for the City's expense
in undergrounding the overhead lines along Stevens Creek
Boulevard.
2
e
9i4z03 aas SE sapeab Pue setrnn 'sazrs 'suetd 'suoTatoT3ioads
spznpue;s atm s3aao drgsueiu(dot ao TeFtaaes Sue aatf}aTM o; se Tear;
eq TTERs aeaurbua A4FO 0t44 ;o uoIs'FoaP eqi •04H39Li aigeoTTd3e saan4e4S
A4=0Pup 94e4S TIE tfrM mutt= uF mop eq TIMRM VOM 9tit •saatrT&i2
A4Fo au; Aq POADSd a sepatb Pue 'stun 'sezis 'spzepueas 'suoraEOr;roeds
sueTd Tie u3FM eouepa000e trF Pue MD at; 3o suoTanTosaa rue saoueurpao
rpsFxa u;rM eouepz0o0e trF sump eq new S(Tog eta •ouraledILO yo aeau'bSc
A47O aR4 Ag Paitoadde se sueid eta R4Tm eouepa000e us sauueUI axciueWfzor,
Pue Poob E uF xaoM eta} eaaTduoo pie TTeasuI "[Tugs mum=b2. atLL 'S
ao Aaaans eamormaa au; .o EmmTal3n su tap tug Agarag; P9zarou7 s4soo
Tie rue Au? aanaoaz Sat ,jLD etl4 "'IlaoM ott seRaid att4 4ueaa alt; uI
ePTO9P Trois M]D ati4 nuuEtu aanagmps UT ](2OM ot; e;aTd>too oa pazTaottfE
eq Trap 'uoT•ado eros s47 ;e 'AMID atm 'arc4 ;0 POTaed peT;Toads
eta uttt7M ][1014 944 egaidtmo 0; sasWWaa 20 elTE3 EadaIdA33 aug wane
et.} uI •seauFEva A4TD 114 Aq fiTF47aM uT PeaTauttne ATTEOWTOa'ds eq Ara SE
poTaad aabuoT lions 10 'mammy srga 3o uoproaxa 3o e4ep au; moag ateA
T) alio urtprr, $40M ati4 agaiduoo rue Tie-4m? TTERs maOflMU atU. •1
arca P9eabe aeuaa g sr ;I
BHOM 3O NOrVISNT •Z
uoraeorpap a)3 Paaa33o Aaaadoad iEaa pies ;dame o; E
alt 'd!anicamy sua 3o uompuoO rue aueUanoo Aaana pue 110E8 ii.o3aed
T -- EHdOTStsa eta ;ett auapeoazd uor4Tpuoo aua uodn •
weep 3o uoFaepzooaa rue uOFaeo • 3o
3o a T4 9qA. 4e Pecs-Man; SC( TTeRS Ao-TOd PTEs i•• ram
uF SATEM iiegs ZflD ami; se as0t13 Oda -- - RI
10 EMIT TTP ' • 2eaT0 Pue eta; Aazadozd Pres Mollis tpFtwm
rue 'h'/x :3o . - au; uF MD eqa. butansur Pae eoueanmrt
91474 e Aq •= , aoueansttF- eT4T4 3o SorT•• paepaeas Y (Z)
uoraeorpap ao •= -33o Aaaedoad • oa bura2Taz AueduooaoueansuTeT4T4aAqa.Todaa - r; Azeurotrtead V (T)
A47O
atp 04 'asuedxe pue asoo arcs si .C. . M i. au; 4e 'appload new EadOIIA311
eta •paalribaa uraaau SE era. ---. Aanuaa oa Azesseoeu sauaauastrF
10 'seouedanuoo paattoexa - • tens p• - 'niiu ;7q tixa uT PagrloseP
Aaandoad Tena esp. 3o AMID - 04 PaaP - • •_ -= - ATaadoad E aenriep
oa saaabe man au; :•ci OMR. srtp. 3o '• '•noexa uodn •H
74iTosaa Aq .e;;o sadeooe AMID -tom Malin undo za33o
Pres dear( oa pUE 'uo' eorPaP 3o aa33o pres 9(OAa2 04 40 -= •e fldCT3A3Q
at(y •btr[araM trr - Tem TTeps AMID 9144 t OttjM 9sotf. S9Otte1qua oua
20 suOTT TTP 3' pato Pue 9913 eq ireus Aa.edoad pa;--TPaP pies
eouaxe as Aq - •_ - and e apEut pie o;aaau Patpea..e sr 40111M 'u• 47411
uo umous •=•• d reaa au; a eoTp9P o; stagy) 2IIdcntaa atLL
NOI.r CIQSQ •T
SLIM OZ 'mono; se oaaaau sawed
9ua ueetgsq pum Aq =DV ]CITdRZ[III xSMH SI Si 'aa0 i] 'MON
C. It is further agreed that the Work shall be done in accordance
with the most current Standard Specifications of the Department of Public
Works, California Department of Transportation, State of California, and
in accordance with the specifications of the Cupertino Sanitary District
where applicable.
Wherever the words "State" or "California Division of Highways" are
mentioned in the State Specifications, it shall be considered as
referring to the CITY of Cupertino; also wherever the "Director" or
Director of Public Works" is mentioned, it shall be considered as
referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, the
specifications of the CITY and/or the Cupertino Sanitary District shall
take precedence over and be used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
frau the City Engineer before the commencement of any excavation in, on,
or under the surface of any existing public-street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the proposed
excavation is to commence.
4. QUI'I'CIAIM DEED
It is further agreed that the DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests inand shall grant to CT?
authorization to extract water from the underground strata lying beneath
said project and DEVELOPER agrees to execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature.
5. BONES 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 ASI'. The penal sum of said faithful performance
bond shall be the full cost of any payment to be made under this
AGREEMENT, the value of any land agreed to be dedicated, and any
improvements tobe made under this AGREEMENT. In the event that
improvements are tobe 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 constrict 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 lard, or any
improvements herein required, the CITY shall call on the surety to perform
this AGREEMENT or otherwise indemnify the ,CITY for the DEVELOPER'S failure
to so do.
4
S
CI zzed) Z abed ge u}aaett
tt3zo; gas se ;moms stn 'AIX0 ;o (T9/40/ZT PasFisd) 0 'ON OOueuPZO
o T:4 uoptes tAp't snuck= uF isquemnuom worts ;o ftp pisT;
pus dem Twr; ;o buppetto ao?3;o zo; 'war sFE . ;o uofnoaxa a}
zorzd 'ALIO 44TM ;TSOdhP TTeis Nada n.=n stfl 1244 paazbe amain; sT gI -
Sai DNISDM 2VW '8
a gzed) Z abed ge urazeti gigzo; gas se *maw stt; 's;uamanazd T seats;
buFssaoozd og a ctszo a estate gOaarpur 'Smpt33zi:7ij slug ;o umnoaxa
og zopd 'Aamo og Aed netts tiza a 42q4 paazbe reg420g s? gI
gamma =EMI *L.
oazett; grnsez e se bur 4o pue sup tmis - euonorppe Sue ;o Imam=
A;pou TTQgs zaaurbtla ati; 'pe;e-noTeo sT mns Pres tio?t moz; awanga
Ott; mnz; ATTeTnut Area gsoo Urr401aq= PTnotiS ' (O gnEa) Z abed gt
urazeti tigao; gas se genome att; 'INHREDENt sntq. ;o uopnoaxe o; zoTad 'ESIO
tt;PM P 4TsOdaP s&i TTE4 ?IIaannaa 4244 Pie ' crud PIES tfTM uor auuCO
tr[ AII0 dq paaznour "ow 'btrppetp 'uopoedsur zo; sesuedxe ZOeITP
Azesseoeu tie pup Aue Awl nags U3daIIA3Q 4044 pseabe zstnztg sr gI
833 NOIIIIO2d tC CMV O±WD3 0 '9
7 IJ
att; tt;TM pagTsodaP Agrztnas -'Au2 u0 Pied eq Timis 4saza'4u? ott 'a
T?ourca Agrp attg ;o Tencadde uodn gddczce scum aq flats `4Ts d°P
3o oleo?;pzsn zo 'Tarp 'q?sodep tiseo 'wog fleans 3o aseaTea off '0
unman; Avai:as
Piss ;o speeooad stag ATdde Atm Ano att; 'pea-Tuba-7 urazati squarenazdur
Aue zo 'poet ;o uopeorpep Aue zo 'guam&ed Aue exam og zo 'amaczaDV sTtt}
o suoni uoo rue sgutuanoo Ott; ttuo;zed og ATIngg4 re; T Fe; crap 2IIaan2a
att; ;eqq. guano Ott} uI 'puoq Agazns a tt;TM ESSJ eqg patisCuan3 2IIdOIIA2Q
attg pet; Paz?nbaz ueeq amts. 'mom tprjr ga[t; og guaTeninba attg act Tress
pee 'zaautbu3 Ag?O stn. AC( pe4rubtsap se at netts 4TPato ;o ;Trallatt49UT
ao 'grsodep ;o ageor;pleoo 'ssttetp 'Wm Pres 30 genua WI 'O
o)
zo (q) 66499 uopoes woo 44141amxran00 ;O sgua sixTubaz atilt
bupaem ;-Paso ;o guamtugstr zo 'grsodep ;o ag2oTJrgaa0 Ft 'E
zo t ouTz aadnl0 ;o AgTO era 3o zapzo stt;
og aigeKed xoatp p T;Tgaao 2 zo taw s,zaryseo 'j 'Z
zo :use° 'T
ThI3 stt; tr3TM buT4Tsodap Aq INEIMMEN
srtt; eznoes og goaTa Atm mucTaAaa att; 'purr( AgaznS a ;o naTT uI 'B
9. DEVEIAPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREEMENT, the amount set forth herein at Page 2
Part E) as a development maintenance deposit to insure proper dust
control and cleaning during the construction period. The development
maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or materials
a=ppearing in said- work during the period until release of the improvement
bonds by the CITY. Should the DEVELOPER complete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the improvement bonds.
10. slu±I( DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREEMENT, a storm drainage charge in
connection with said Project in accordance with the requirements '
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) .
11. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until said
monies are needed to implement improvements outlined by the Director of
Public Works or inprcyementst outlined within the adopted Water Master
Plan.
The amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR POKIER COST
It is further agreed that the DEVELOPER shall pay to CITY prior to
execution of this AGREEMENT, the amount as set forth herein at Page 2
Part G) , which amount represents the power cost for street lights for one
year.
13. THE INSUGZATIONOF Snaa'' TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
from the City approved list.
14. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or
dedicate such land to the CITY, prior to execution, as is required within
Park Dedication Ordinance" Number 602, 1972, arra which is further
stipulated under Part 3, Page 2 herein.
6
14-A. YHRLN. rr.r-.
The, value of the lard 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
lard. The City will calculate the "Park Fee" based on the appraisal . The
Developer agrcc to pay for any deficiency`within thirty. (30) days and the
City agrees to refund overage within thirty (30) days. Adjustments shall
be made prior to acceptance of the subdivision improvements.
15. 2^AIlVT'EThNC OF FORK
It is furter agreed that the DEVELOPER shall maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans and the
City standards and specifications for the Work. The DEVELOPER shall, upon
written notice thereof, immediately rerair or replace, without cost or
obligation to the. City of Cupertino, and to the entire satisfaction of
said GTTY, all defects and imperfections arising cut of or due to faulty
worltanship and/or materials appearing in said Work.
16. SANITARY DISZRICT
it is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AC-iREEFff NE, a letter t_uiu the Cupertino Sanitary District
statingg that the DEVELOPER has entered into a separate ACREMENT with the
said District to install sanitary sewers to serve all lots within said
Project and stating that a bond to insure full and faithful performance of
the construction of the said sanitary sewers and to insure maintenance of
said sanitary sewer in conformance with, .the provisions as set forth in
Paragraph 15 above has been filed.
17. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, ucon
execution of this A.GREEDgNT, substantial evidence that all provisions of
Section 66493, Article 8, Charter 4 of the Gaven ent rrr o, pertaining to
special assessments or bonds, have been complied with.
18. ( RAL Y'i u r.: DISTRICT
It is further agreed that the DEVELOPER shall file with. the CITY, upon
execution of this AL-REF2E27P, a letter from the Central Fire Protection
District of Santa Clara County, stating that the DEVELOPPR has entered
into an AGREEMENT with said District 'to install fire hydrants to serve
said Project and stating that all necessary fees have beenn deposited with
said District to insure installation and five (5) year rental fee of said
hydrants.
i
19. PAci.tiC GAS AND EIEC IC/PACIFIC BELT.
1
It is further agreed that the DEVELOPER shall pay to Pacific Cas and
Electric Company and/or to PAu1r•IC FFT7, Company any and all fees required
for in_tai i ation of overhead and/or un ergnrurri wiring circuits to all
electroliers within said property and any and all fees required for -
unde..sgrour ing as provided in Ordinance No. 331 of CITY when DEVELOPER is
notified by either the City Enginr or the Pacific Cas and Electric
Company and/or PACIFIC BELL Cc rany that said fees are due and payable.
7
a. :... _.. .._-._ .. . .... .. .. ..::..... I+.......-,.,.:-,..._.....-:_.:nom_...+-'-•v-
8
ATtno eo<lPZ SLIT ssaouta eq -new eotreansur setr40 ;egg 'sEToltod a0
Aortal Fes Aq paranoo ssoT eq . gsuTebe eoueansrT aeggo wag 'ATenTameTToo
pue ATTenPTATpuT 'AII0 egg ;o seeAoTdute pue 'slushy 'saeoT;;o
eq rue 'ATeAFoTToo Pie ATTEnPFAFPuF 7=0 A;TD ettg ;o saegotem
sgT 'Agc° egg ;I Pue 'supFgEa (0W egg uT Pegegs AgFTTRETT ;o WTuTT
Tin; eqq. og ebesa/CO Aa2mFad eq new Agew papzo;3e ebeaanoa egg ;vq
epTAoad TTEgs saTOTTOd 10 ADTTod pies rue smug eOUBZItCOO ue uo eq gsnm
eoiteansuT ebemep Aaaadazd pue AznCuT ATTPoq tpcg 'MUMS= PTEs 30 3 et4eq
uo ao 'ao; 'Sq Pemzo3aed 2120M egg Tie Eutaanoo sTenPTATPuT Pie AIM pemeu
bu?obaao; egq. o; ebeaancD efamep Agzadozd Pse Aznctrt ATTPoq epInoad TTEgs
AoTTOd ege edes PIES 'Pas? se 'ATeATgoeTToo pue ALLbWTATPT AgTJ egg
o seeAoTdus Pie swam 'saeoT3;o egg pue 'ATeATgoeTToo pm ATTenPTATPuT
oup U ;o S .I3 et 30 TTouno3 AgTo et ;o saagmam Pie TTr egg
burmeu eoueznsuT ;o AoTTod a 'sapunaaeti atop eq og Partnbai ao a03 PeTTEo
Xao% eq} ;oeouembpriem Pae eouemzo xed egg buTanp s&p Tie ge uTeguiem
Pse 'grip ewe; og NaoM egg coped og pabebue ao pezguoo Aum er?nbea
legs ao 'qno axe; TTEtis )325:KTIIA3Q egI :geurg Peeabe aaggan; sT gI
SOME SNI 'ZZ •
szopezguoo gtxepuedepuT pue seeAoTdme 'squebe
SSITIEKIZZaa egg a0 ZIIdUIIA'TQ-eq ;o gonptmosit TnnTFM+ ao eouebTTbau egg
ao xaoM ete. ;o eoueutzo;aaduou ao eouemzooaed eta} ;o ;no brTsTnn 28n90s4egre
Apar Sue uT ao Aq pettg eOoo ';oaaet;g mteTo ao 'AgTTIgeTT 10 ramp
esuedxa 'gam 'ssoT TTE ao Atm gsurE6e pue tuna; ASSN etrg Psa;ep Pse
sseTmzei flog 'A3'eprT Tregs kaalittea 9114 '5[4oM egg 30 eoueueguTem egg
3o uoTg9Tdu co egg TTgtm bung-gum Pae =moat-moo sTq ao 2IId0IIA=Q egg Aq
xaoM etp. ;o eoueouaooaed etm tPTM buiouaotumo 'gegg Peembe aettgang sT gI
SS3'B I O:IOH 'TZ
ou[gledna ;o AgTO etn ttwTM Paw?sodep eq TTegs armbea Aeon ASID
eiA se swam= eTgeuoseea tents uT sgsoo TegttepTouT aatlgo pue 'brzcsaeuTrxre
sgsoo Pse sea; Tercet ao; parTnbaa eq Aem se suns tions 'o;e.2en
uOfl. pe uT leg; PaP[nnzd =flag; sT gI *Am ;T 'sebet ep aoueleAsS
ao; eouetooTTe eigeuoseea a Bq TiEgs ttms pies uT Papn1ou? eq og Pae ueNeg
eq oq. pesodoad PueT egg 3o enTeA ga[zem eNeuoseaa egg btrTaeAoo tits e
ASSN Kgp'+ g•Tsodap Wigs 2zaoz3A3u Egg geq 'Aed,-;o-ggBTa Pum guatrasee PTEs
butaroes ;o esodand egg ao; ASD egg Aq pa/pima em sbuTPeaooad uTemop
guetrrme mane eq . uT ;eqq. 'anharot; 'papphoad sT gI 'esuedxe Pae ;sop
umo sTq ;e Eadan Q egg Aq pexrnhoe eq TTegs goecaz3 egg ;o uoneTdmco
ao; A esseoeu Aem-;o-ggbTa pue mamma Aue ;egg peea5E iet ani sT gI
xw&-30-SRDI21 CMV SflaIISVa 'OZ
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
ccurrenceoneowith 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.
23. MAPS AND/OR IMPROVEMENT PLANS
it is further agreed that the CITY shall obtain the following map
and/or plans at the DEVELOPER'S expense:
A. A mylar sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature card of
all executed improvement plans and map.
The DEVELOPER agrees to:pLa,.y the CITY frau the development maintenance
deposit the cost for all prints of plans and map required under Item 23.
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferrees of the DEVELOPER. The assignment of
this AGREQZNT shall not be made without approval by the City Council of
the City of Cupertino.
9
GENERAL ACKNOWLEDGMENT NO.201
r rr rrrrrrrrrrrrrrrrrrrlrrr-irrriirrrrrrrrrrrrrrrrrrrrrrirrrr rr rrrrrrrrr.r rrrrrrrrr r
State of
California On this the 9th day of May 1988,before me,
SS. o
S County of Santa Clara Shari L. Joy'
r SI undersigned Notary Public,personally appeared Sio
0 Larry K. Yamaoka o
Q personally known tomeon
OFFICIAL SEAL _ 0 proved to me on the basis of satisfactory evidence 1
y; ., SHARI L JOY to be the person(s)whose name(s) is subscribed to the
NOTARY PUBLIC - CALIFORNIA1 within instrument,and acknowledged that he executed it. ti
o 1 SANTA
expire
CAUNTY 1
i _ — ,_, -My comm. expires MAY 19_19891 WITNESS y hand and fici•I seal.
y 1 i %
Notary's Signature 0
1/r rllJlrrrllJrrrrlrrrrrrrrrlr./rJrrrlrrllrJrrllrrrlrrrrrrrrrrr rllrrrrrr
llrrrrllrrrrrrrrlrlJrr1
MATnnNAI NOTARY ARSfCIAT10N•22012 Vanlura Blvd.•P.O.Box 4625•Woodland Hills,CA 81364
98/6/5 'nag)
OZ
DM' 'Imawao mAfl VNOVHVX
tuaplsaaa 'exosmBA •x Sam,' P Z I ON
l4/V4/0- L1 /' mac; a3 se panozddy
01CD2WDO 30 AII0
tra Titt wog-2 ;ssr3 zeal pue Atp eta
pex?33e eq o} emeu srtt pasnea o}tmazat seq2aaonASQ Pies put 1?ounco AgTD
eti4 ;o uo?4ntosaz Aq rezpotnne drop oqunazatq 'xzaiD A4x3.Put zoArN s4T
d4 Pex?33e ogtmazet; eq 04 sorsa s4? Pasne0 sI Twin '303daliM SS3tZLIM HI
1 .
LAL\.U1Lu SW vura,LLfJ.. URSvl,va,l, bona NV. 1317 131 V1
ANNUAL PREMIUM $ 389.00
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, YAMAOKA DEVELOPMENT. INC.
as Principal and RELIANCE INSURANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of EIGHTEEN THOUSAND AND 00/100
Dollars ($18,000.00
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
COMMERCIAL DEVELOPMENT
located STEVENS CREEK BOULEVARD
in accordance with the approved improvement plans prepared by
MARK THOMAS & CO. , 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 12th day of May 19 88
To be signed by YAMAOKA DEVELOPMENT, INC.
Principal and Surety. Principal
Notary Acknowledgments
required.) RELIANCE ,' bURANCE CO :ANY
Surety
By: _ 1-
to s ei Fact 29a' GUWAN
The above bond is accepted and approv-d this 10 day of Mtfkl
19 fie-s.I
kvok K.tt
6/17/85
State of California,
SS.
County of San Francisco
On this 12th day of May in the year 1988 , before me Notary of Public
personally appeared SUSAN J. MC GOWAN personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact
of RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
OFFICIAL SEAL
a—San
OSEPHINE SAMPIOR
NOTARY PUBLIC—CALIFOIA
Francisco County
y Commission Expires July 5. 1969
g//'i. My Commission expires 19 _ 4 a ,/
Notary Public in and for said Co
BDR-1818 ED.6/83 (CALIF.)
GENERAL ACKNOWLEDGMENT NO.201
li
1
1A State of California On this the 16thday of May 19 88 ,before me,
1`
SS. il
N
1 County of Santa Clara Shari L. Joy
the undersigned Notary Public,personally appeared n
it Larry K. Yamaoka
1 __ __ _______XX personally known to me 1117rncrOFFICIALSEALprovedtomeonthebasisofsatisfactoryevidence
1 d `' SHARI L JOY to be the person(s)whose name(s)IS subscribed to the 1TerIi.
A t NOTARY PUBLIC- CALIFORNIA1i t within instrument,and acknowledged that he executed it.w l
comm.SANTA CIARA COUNTY19 _ 1Mycomm. expires MAY 19, 1989 ) WITNESS my hand and official seal. 1
1 ti
SNotary's Signature 0
van,on NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Has,CA 91364
RELIANCE INSURANCE COMPANY
HEAD OFFICE.PHILADELPHIA.PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS.That the RELIANCE INSURANCE COMPANY,corporation duly organized under the laws of the State of
PennryWenia,does hereby make,constitute and appoint
SUSAN J. MC GOWAN of SAN FRANCISCO, CALIFORNIA
ke true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and an its behalf,and as its act and dead
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other
of aids officers,and hereby ratifies and confirms all that its said Attornay(sl-in-Feet cry do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
affective September 7,1978.which provisions are now in full force and effect,raiding as follows:
ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to la)appoint Attorneys-in-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 Ib)
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shell have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute
end deliver on behalf of the Company,bonds and undertakings,recognizance,contracts of indemnity end other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds end undertakings.reccognizances,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,recognizance*,contracts of indem-
pity or other conditional or obligatory undertakings and they shall also have power end 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.
This power of attorney is signed and sealed by facsimile under and by-authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a-meeting held on the 5th day of-June,1979,at whicha quorum was present,indYid Resolution has not been
amended or repealed:
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
signatures or facsimile seal shall be valid end binding upon the Company and any such power so executed and certified by
faaimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached?'
IN WITNESS WHEREOF.the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and itscorporate seal to
be hereto affixed,this 12th day of September 19 86
RELIA - E INSURANCE COMPANY
da
ViesVic Preident
tTATE OF Washington
COUNTY OF King o.
On this 12th day of September ,19 86personally appeared Charles B. Schmalz
to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,and acknowledged that he executed and attested the foregoing
instrument and affixed the seal of aid corporation thereto,and that Article VII,Section I, 2,and 3 of the By-Laws of aid Company and the Reolu-
tion,at forth therein,es stilt In full force.
tt.../// '
My Cornmiesion Empires: t1:2>
flay 15 .19 90 cat. i Notary Public In and for Rate of Washing•
Residing at Tacoma
I,. Lawrence W. Carlatrom Assistant Secretary of the RELIANCE INSURANCE COMPANY,do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY,which is still in full force end
fact.
kN WITNESS WHEREOF,I have hereunto set my hand and affixed
dhe
nal of said Company this 12 tI1s o! May lY 88
aDR•taft grL OM Mistam flea fReatL6C
EXECUTED IN DUPLICATE ORIGINAL Bona No. B79 tll 01
Premium included in performance
Bond
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
YAMAOKA DEVELOPMENT, INC.
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
Pwr.TANCR TNRjJ J4CE COMPANY
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the _
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of
EIGHTEEN THOUSAND AND 00/100 DOLLARS
18,000.00
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.
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 12th day of May 19 88 .
YAMAOKA DEVELOPMENT. INC.
PrincipalTobesignedbyPrincipal
and Surety. Notary
acknowledgments required.) RELIANCE INSURANCE COMPANY
Surety
By: as /
At , ILAMrin-Fact S -AN J. MC GOWAN
L,
The above bond is accepted and approved this w day of
IALUA 19 &
ULM 90.4404
6/17/85
S State of California,
i' SS.
County of San Francisco
On this 12th day of May in the year 1988 before me Notary of Public
personally appeared SUSAN J. MC GOWAN personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact
of RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
4
OFFICIAL SEAL
0t,tr, JOSEPHINE SAMPIOR
r Ice NOTARY PUBLIC—CALIFORNIA
L: i' San Francisco County
4 My Commission Expires July 5. 1989
My Commission expires 19JLFine lam
Notary Public in and for said Count
BDR-1818 ED.6/83 (CALIF.)
GENERAL ACKNOWLEDGMENT NO.201
crr rrr rrrrrrrrr
State of California - On this the 16th day of clay 19 88 before me,
SS.
County of Santa Clara Shari L. Joy
the undersigned Notary Public,personally appeared
Larry K. Yamaoka
0'1..OFFICIAL SEAL
y personally known to me
N+ 0 proved to me on the basis of satisfactory evidenceti`' SHkRI L JOYr/,, is subscribed to theNOTARYPUBLIC-CALIFORNIA to be the person(s)whose name(s)
0z5he executed it.SANTA'CLARA COUNTY within instrument,and acknowledged that
My comm. expires bTAY 19, 1989 ' WITNESS my hand and official seal.
Notary's Signature
Y.Y
AIATINJAI mnTAnV, carie VVJ.91M9 Vnnwm 61w •PO.Box 4625.Woodland H019.CA 91364
f=• •RELIANCE INSURANCE COMPANY
HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,That the RELIANCE INSURANCE COMPANY.a corporation duly organized under the laws of the State of
Pennsylvania,does hereby maks,constitute and appoint
SUSAN J. MC GOWAN of SAN FRANCISCO, CALIFORNIA
its true and lawful Attorney-in-Fact,to make,itxeeute,seal and deliver for and on its behalf,and as Its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed end attested by one other
of such officers,and hereby ratifies and confirms all that its said Attorneyfsl-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
effective September 7.1978,which provisions are now in full force and effect,reading as follows:
ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to le)appoint Attorneys-in-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(b)
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
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.recognizance:,contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings,recognizance:,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 indem-
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.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which aquorum was present,and said Resolution has not been
amended or repealed:
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
sig or facsimile seal shall be valid and binding upon the Company end any such power so executed end certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to
be hereto affixed.this12th day of September 1986
RELIA '^E INSURANCE COMPANY
Ii,2'. A JIAt.a
Vice President
STATE OF Washington
COUNTY OF King ss.
On this 12th day of September - ,19 8f)personally appeared Charles B. Schmalz.
to me known to be the VicePresident of the RELIANCE INSURANCE COMPANY,and acknowledged that he executed and attested the foregoing
instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2,and 3 of the By-Laws of mid Company and the Resolu-
tion,sot forth therein,ars still In full force.
My Commission Expires: b I)- Lv. a'et'
May 15 ,19 90 i
FtE`... Notary Public In and for state of Washin
4 ea
g I
Residing at Tacoma
I, Lawrence W. Carlstrom Assistant Secretary of the RELIANCE INSURANCE COMPANY,do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY.which Is still in full force end
effect.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed the seal of said Company this 12th day of May 1g 88
nnuoR-tt Ed.ane Assistant sew