88-058 Dividend Development Corporation, Improvement Agreement Tract No. 8118 Wilkinson Avenue)
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of
" TRACT AGREEMENT
TRACT 8118
'This AGREEMENT, made am entered into this __ ~6~t~h~ ______ ~day
_.!;S~eJ::p::::.te~m!!!b:::oe,-"r ____ , 19~, by am between the CITY OF CUPERrINO, a
municipal corporation of the state of california, hereinafter designated
as CITY, am DIVIDEND DEVELOPMENT CORPORATION
hereinafter designated as DEVELOPER.
WITNESSETH
WHERF1IS, said DEVELOPER desires to sub:livide certain lam within the
City of cupertino in accortlance with the nap heretofore filed with the
City Council of the City of CUJ.:ertino, marked am designated as
Tract 8118 , WILKINSON AVENUE, CUJ.:ertino ,
california, hereinafter designated as the "Tract;" am
WHERF1IS, said map shows certain courts, drives am roads which are
offered for dedication for public use; am
WHERF1IS, CITY hereby approves the illlprovement plans am specifications
prepered for the Tract by KIRKEBY & ASSOCIATES, INC.
_______________ , a true copy of said illlpravement plans am
specifications are on file in the Office of the City Engineer of
CUJ.:ertino; am
WHERF1IS, the same are incorporated herein by reference, the same as
though set out in full;
NOW, 'II:lEREFORE, said illlprovement plans am specifications -shall be
hereinafter called the "Plans," am the work to be done under the Plans
shall be called the "Work."
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WHERE'1IS, pursuant te the provisions of this AGRmIENT, the CITY' hereby
established the am:runts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHEruLE OF B:lNCS, FEES AND DEroSI'IS
PARr A. Faithful Perfomance Bond: $120,000.00
ONE HUNDRED TWENTY THOUSAND AND NO/IOO DOLLARS
PARr B. labor and Material Bond: $120,000.00
ONE HUNDRED TWENTY THOUSAND AND NO/IOO DOLLARS
PARr C. Checking and Inspection Fee: $ 6,000.00
SIX THOUSAND AND NO/IOO DOLLARS
PARr D. In:iirect City Expenses: $ 900.00
NINE HUNDRED AND NO/IOO DOLLARS
PARr E. Map Fi1:in:3' Fee: $ 130.00
ONE HUNDRED THIRTY AND NO/IOO DOLLARS
PARr F. Development Maintenance Deposit: $ 3,000.00
THREE THOUSAND AND NO/IOO DOLLARS
. , PARr G. ·Stem Drainage Fee: $ 3,831.00
THREE THOUSAND EIGHT HUNDRED THIRTY ONE AND NO/IOO DOLLARS
PARr H. One Year Pcwer Cost: N/A
PARr I. street Trees: BY DEVELOPER
PARr J. Park Fee: Zone __ . _ _ ___ .___ __ _ _ $109; 771.00 _
ONE HUNDRED NINE THOUSAND SEVEN HUNDRED SEVENTY ONE AND NO/IOO DOLLARS
PARr K. water Main Elct:ension Deposit: $ 8,904.00
EIGHT THOUSAND NINE HUNDRED FOUR AND NO/IOO DOLLARS
PARr L. Maps an:l/or Improvement Plans: By DEVEIDPm
Page 2
NOW, 'IHEREFORE, IT IS H:E:REBY MOTOAILY AGREED by and between the
~es hereto as follC1NS, TO WIT:
1. INST1ILU\.TION OF IDRK
It is further agreed that:
A. 'The DEVELOPER shall install and complete the Work within one (1)
year from tha date of execution of this 1lGREEMENT, or such longer period
as nay be specifically authorized in writing by the City Engineer. In the
event the DEVEIDPER fails or refuses to complete the Work within the
specified period of time, the Cl'r.{, at its sole option, shall be autho-
rized to complete the Work in whatever nanner the Cl'r.{ shall decide. In
the event the Cl'r.{ completes the Work, the Cl'r.{ nay recover any and all
costs incurred thereby from the DEVELOPER or the DEVEIDPER f S surety or
both.
B. 'The DEVEIDPER shall install and complete the Work in a good and
workmanlike. manner in accordance with the Plans as approved by the city
Engineer of CUpertino. 'The Work shall be perfo:oned 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
naterial 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 oost current standard Specifications of the -Department of I'llblic
Works, California Department of Transportation, state of California, and
in accordance with the specifications of the CUpertino Sanita:J:y District
where applicable. Wberever the words "state" or "California Division of
Highways" are mentioned in the State Specifications, it shall l::e
considered as referring to the Cl'r.{ of CUpertino; also wherever the
"Director" or "Director of I'llblic Works" is mentioned, it shall l::e
considered as referring to the city Engineer.
In case of conflict l::etween the state Specifications and the
specifications of the Cl'r.{ and/or the CUpertino Sanita:J:y District, the
specifications of the Cl'r.{ and/or the CUpertino sanita:J:y District shall
take precedence over and l::e used in lieu of such conflicting portions.
:2 • EXCAVATION PERMIT
It is further agreed that the DEVEIDPER shall comply with section
'Three of Ord:i:nance No. 130 of the Cl'r.{ by obtaining an excavation permit
from the city Engineer l::efore the co.mmencement of any excavation in, on,
or l.1I1der the surface of any existing public street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVEIDPER shall
notify the city Engineer of the exact date and t:iJne when the proposed
excavation is to ccmmence.
Page 3
3. QtirrCIAIM DEED
" It is further agree::l. that the DEVEIDPER, when requested by the CITY,
shall quitclailll all his rights and interests in, and shall grant to CITY
authorization to extract water from the underground strata lying l:eneath
said project and DEVELOPER agrees to execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature.
4. EONJ:S AND OIHER SECURITY
A. Upon the execution of this AGREEMENT, the DEVEIDPER shall file
with the CITY a faithful perfonrance bond to assure his full and faithful
perfonrance of this AGREEMENT. 'Ihe penal sum of said faithful perfonrance
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
irrprovements to be made under this AGREEMENT. In the event that
irrprovements are to be made under this AGREEMENT, the DEVEIDPER shall, in
addition to said faithful perfonrance, 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 irrprovements. 'Ihe 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
DEVEIDPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
irrprovements herein required, the CITY shall calIon the surety to perform
this AGREEMENT or othen;ise indemnify the CITY for the DEVEIDPER' S failure
to so do.
B. In lieu of a surety bond, the DEVEIDPER 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 Goverrnnent Code section 66499 (b) or
(c) •
c. The arrount 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
DEVEIDPER furnished the CITY with a surety bond. In the event that the
DEVEIDPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
irrprovements 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.
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5. cHECKING AND lNSPECITON FEE
It is further agreed that DEVE!.OPER shall pay any am all necessary
direct expenses for inspection, checking, etc., incurred by c:rr:l in
connection with said Project, am that DEVEIDPER shall have deposited. with
c:rr:l, prior to execution of this ~, the amount as set forth herein
at Page :2 (Part C). Should construction =t vary m:tterially from the
est:iJrate from which said 5UI1\ is calculated., the City Engineer shall notify
DEVEIDPER of any additional sum due am owing as a result thereof.
6. INDIRECI' EXPENSES
It is further agreed that DEVEIDPER shall pay to c:rr:l, prior to
execution of this AGREEMENT, in:lirect expense allccable to processing
these :improvements, the a=unt as set forth herein at Page 2 (Part D) •
7. M1\P FII.J:NG FEE
It is further agreed that the DEVEIDPER shall deposit with c:rr:l, prior
to execution of this AGREEMENT, for office checking of final m:tp am
field check:i.rY;j of street l!lOI11.ll!lel', in compliance with Section 4: 1 of
Ordinance No. 47 (Revised 12/04/61) of c:rr:l, the a=unt as set forth
herein at Page:2 (Part E) •
B. DEVEIDFMENJ: MAINTENANCE DEPOSIT
It is further agreed that the DEVEIDPER shall pay to the CITY, prior to
execution of this AGREEMENT, the amount set forth herein at Page 2 (Part
F) as a development m:ti.ntenance deposit to insure proper dust control am
cleaning during the construction period. 'Ihe development m:tintenance
deposit m:ty be utilized for repairs of defects am :il!tperfections arising
out of or due to faulty workmanship am;or m:tterials appearing in said
work during the period until release of the :il!tprovement J::onds by the CITY.
Should the DEVEIDPER complete the required repairs to the entire
satisfaction of the c:rr:l, the 'Ill'1.USed balance will be retumed after the
release of the :improvement J::onds.
9 • S'IOFM I:lRAINl\GE FEE
It is further agreed that the DEVEIDPER shall deposit with the CITY,
prior to execution of this AGBEEMENT, a stonn drainage charge in
connection with said Project in accoroance with the requirements
established in :Resolution 4422, Mard:l 21, 1977, in the a=unt as set forth
herein at Page 2 (Part G) .
10. ONE YEAR J:Cw.ER COST
It is further agreed that the DEVEIDPER shall pay to c:rr:l prior to
execution of this AGREEMENT, the am::nm:t as set forth herein at Page 2
(Part H), which am::nm:t represents the power cost: for street lights. for one
year.
11. 'lEE INSTALIATION OF s1'REEl' TREES
It is further agreed that the DEVEIDPER shall, at such time as deemed
appropriate by the City Engineer, plant.street trees in confornance with
the standan:ls of the City of CJpertino. Variety of tree shall be selected
from .the City approved list.
Page 5
:).2 • PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or
dedicate such lam to the c:rr'i, prior to execution, as is required within
·"Park Dedication Ordinance" Number 602, 1972,· am which is further
___ S?pul~~_un:ier_~_J~_~c;l"e 2 herein.
13. MAINl'ENANCE OF WORK
It is further agreed that the DEVEIDPER shall maintain the Work: A.
For a pericxl 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 am the crI"i standards am
specifications for the Work, whichever is the later to cx:cur. '!he
DEVELOPER shall, upon written notice thereof, ilI1mediately repair or
replace, without cost or obligation to the City of 0Jpertin0, am to the
entire satisfaction of said crI"i, all defects am :iltp!rfections arisin;J
out of or due to faulty 'w'OI'Jananship aIXVor materials appearing in said
Work.
14. SANITARY DISTRICl'
It is further agreed that the DEVEIDPER shall file with c:rr'i, upon
execution of this AGRmIENI', a letter frcm the CUpertino SanitaIy District
statim that the DEVEIDPER has entered intp a separate AGRmIENI' with the
said District to install sanitaIy sewers to serve all lots within said
Project am statim that a bond to insure full am faithful performance of
the consb:uction of the said sanitaIy sewrs am to insure maintenance of
said sanitaIy sewer in conformance with the previsions as set forth in
Paragraph 13 above has been filed.
15. BO'SINESS AND FmFESSIONS CODE:
It is further agreed that DEVEIDPER shall file with crI"i, upon
execution of this AGREEMEI'n', substantial evidence that all previsions of
Section U603, Article 8, Clapter 4 of the Business am Professions Code,
pertainin:J to special assessments or boOOs, have been complied with.
16. CE:NmAL FIRE DISTRICl'
It is further agreed that the DEVEIDPER shall file with the crI"i, upon
execution of this AGREEMEm', a letter from the central Fire Protection
District of Santa Clara county, statim that the DEVEIDPER has entered
into an AGREEMEm' with said District to install fire hydrants to serve
said Project am statim that all necessary fees have been deposited with
said District to insure installation am .five (5) year rental fee of said
hydrants.
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ri. STREE:l' UGHTING -P. G. and E. RATE SCHEWIE SHl\LL APPLY
It is further agreed that the DEVELOPER shall apply for the
installation of electric power for street light1n;r at the earliest date
possible.
18. PACIFIC GAS AND EI..ECl'fUCjPACIFIC BELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company a:n:ljor to PACIFIC BELL any and all fees required for
installation of O'lel:head a:n:ljor tID:1ergroun:i wiring circuite to all
electroliers within said property and any and all fees required for
tID:1e:rgrourrlirg as provided in O:!:dinance No. 331 of CITY 'When DEVELOPER is
notified by either the city En;Jineer or the Pacific Gas and Electric
Company a:n:ljor PACIFIC BELL that said fees are due and payable.
19. ElIBEMENTS AND RIGm'-OF-'i'm.Y
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acg)lired by the DEVELOPER at his awn
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CITY for the purpose of securing
said easement and right-of-way I that the DEVELOPER shall deposit with CITY
a SLllll rovering the reasonable market value of the land proposed to be
taken and to be included in said sum shall be a reasonable allcmance for
severance dam:l.ges, if any. It is further provided that in addition
thereto, such sums as xray be required for legal fees and costs,
engineering, and other incidental costs in such reasonable 8lllOimts as the
CITY may require shall be deposited with the City of CUpertino.
20. HOID IlARMIESS
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 hamless and defend the CITY from and
against any or all loss, cost, expense, dam:l.ge or liability, or claim
thereof, occasioned by or in any way whatsoever arising out of the
perfonnance or nonperfonnance of the Work or the negligence or willful
nds=nduct of the DEVELOPER or the DEVELOPER I S agents, employees and
in:l.epen:lent contractors.
21. INSURIINCE
It is further agreed that: '!he DEVELOPER shall take out, or shal,l
require any contractor engaged to perform the WOrk to take out, and
maintain at all times durin;r the perfonnance and maintenance of the Work
called for or required to be done hereun:ler, 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 b::dily inj1.ll:Y and property dam:l.ge roverage to the foregoing
named CITY and individuals rovering all the WOrk performed by, for, or on
behalf of said DEVELOPER. Both bcdily inj1.ll:Y and property dam:l.ge insurance
must be on an =rrence basis; and said .policy or policies shall provide
that the roverage afforded thereby shall be prinary roverage to the full
Page 7
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lilnit of' liability stated in the declarations, ani if the city, its l!leIl1berS of the city council individually ani collectively, ani the
office...""S, agents, ani employees of the CITY, individually ani
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
followinq :minimum amounts: For bo:lily injury, $100,000 each
person; $300,000 each occurrence, property damage, $50,000 on
account of any one occurrence with an aggregate lilnit of not less
than $200,000.
B. The DEVElOPER shall file with the city En:Jineer at or prior to the
time of execution of this ~ by the DEVEIOPER such evidence
of said foregoinq policy or policies of insurance as shall be
satisfactory to said city En;Jineer. Each such policy or policies
shall bear an endorsement precluding the cancellation or reduction
in coverage without givinq the city En;Jineer at least ten (10)
days advance notice thereof.
C. In the event that the project covered herein should be DU.ltually
situated in or affect the area of jurisdiction of a separate
nn.lnicipality or political suJ:xiivision of the state of california,
the policies of insurance required herein ani above shall co-name
such lIlllnicipality or political suJ:xiivision ani the provision set
forth herein ani above for the protection of the CITY shall
equally apply to nn.lnicipality ani political suJ:xiivision.
22. WATER MAlN IDcr'ENSION DEE'OSIT
The DEVEIOPER further agrees to deposit with the CITY those monies
required to conrply with "P:llicy on water Main Extensions Work ani
Deposits" dated September 9, 1977. The deposit shall be held by the CITY
until said monies are needed to implement ilIlprovements outlined by the
Director of PUblic Works or ilIlprovements outlined within an adopted water
Master Plan.
The amotm.t shown herein at PARI' X, Page 2 shall be the full amount
due.
23. MAP AND/OR IMPllI:lVEMEN'l PrANS
It is further agreed that the CITY' shall obtain the followinq map
and/or plans at the DEl7EU)PER'S expense:
A. A lI1Ylar sepia ani thirteen (13) prints of fully executed tract
:map.
B. A lI1Ylar sepia ani ten (10) prints of fully executed improvement
plans.
c. A direct duplicatinq silver negative mi=film aperature caJ:d of
all executed improvement plans ani map.
The DEl7EU)PER agrees to pay the CITY' from the development :maintenance
deposit the cost for all prints of plans an::l map required un::'ler Item 23.
Page S
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State of
County of
OFFICIAL SEAL
ANNA MARIA FLOOD
1I0TA!<t PUBLIC -CAUFOnlllA
1'-
~ -"--,"
On this the.l1J.'t. day of _-'--""l..w<.LJC-____ 19il., before me,
t1b06L (VU!.G6G flood
the undersigned Notary Public, personally appeared
c 11(.,6w~d i). or Iqtr
NotarysSi\iiilitUl'e .
:: e :==e.:efHH?22~3=:&;;e<ii';;== ~;"" 2 S8ij 22
NATIONAL NOTARY ASSOCIATION. 23012Venltlfa Blvd .• WOOdtandHW3.CA91364
:' ~.--
24. 'I'EE<Ms AND CONDITIONS
. It is further agreed that the above named terms and. conditions for the
said Tract shall bind the heirs, successors, administrators or assigns of
the DEVELOPER. The assignment of this AGREEMENT shall not be made without
approval by the cit.Y Council of said CITY.
IN WITNESS WHEREOF, CITY has caused its name to be hersunto affixed by
its Mayor and. cit.Y Clerk, thersunto duly authorized by resolution of the
Cit.Y Council and said DEVELOPER has hersunto caused his name to be affixed
the day and. year first above written.
CITY OF CUPER:rINO:
Approved as to form:
cit.Y Attorney
DEVELOPER:
Notary Acknowledgment Required.
Page 9
(Rev. 3-1986)
( j~:=JS ;c:TIfu~;i~ 58. me =}*?d"~n this the ~ day of --J.H-'JIlfA..utll.lJ/hLL-_"..-c_-_" __ 19.RK., before me, ./
:1 County of S,C\Ott ClarK" SS. ftn OfL !vIa rri F r rod
"'
OFPICIAL SEA',
ANNA ~'MIA FLOOD
r:OTARY vUBlIC -CAut:'onNIA
1"-3 N!1:.:l"'::; et;:;:ny
c~· ,:~··:a C);::: HR so. Ing':)
the undersigned Notary Public, personally appeared
:t \ L huwd ~ ollv€.r
~rsonally known 10 me
o proved 10 me on the basis of satisfactory evidence
to ~ the perrn(~ 3hO ftl9cuted Ihe within Instrument as
Ike.. r (5 eo r or on behalf of the corporation therein
named, and acknowledged 10 me that the corporation executed 11_
WITNESS my hand and official seal. ~trJ~'4&ri
Notary's Signature
=?-?? '1:.."i?2ii?'iee:: :: :e::::: 23 3:: ;e.8 •• 2228 ~=? ;~;;; :;~~~sa~
NATIONAL NOTARY ASSOCIATION. 230t2Ventuta Blvd." Wocdl4l\d Hills, ell 91364 7'''<,\to,.,
STATE OF CALIFORNIA
5S.
County or Santa Clara
onM~.r:,:~ .. ~~..r •• 1 ~.8.e .... before mel ~.~»;J..~. ~.~. Wggn~F •..•.
Notary Public, State Df Californial duly commissioned and sWDrn.
'I d Jody A. Johnson II k persona, y appeare •••.•• • •••••••.••.•••••••• persona y nown
to me to be the Auorney-in-fact of the Corporate Surety that
'exe:c:~ted the within instrument, and known to me to be the person
who executed the said instru.ment on behalf of the Corporation
, her.ein named and acknowledged to me that such Corporation
-executed the same •
• ,' IN WITNESS WHEREOF, t have hereunto set my hand and affixed
my oUidal seal in the County of •. q~nt;.9-.. Clar:a .•. the day and
__ ;~~~'. :~. :::5 certiflcale firsl .boV~, ~:~ ...
Bond If·U 68 811 88 lUI~ PREMIUM $ 2,160./2 yrs
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, DIVIDEND DEVELOPMENT CORPORATION
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 ONE HUNDRED TWENTY THOUSAND AND NO/IOO DOLLARS
-;--;;--:-___ -;:-:-;--;;----;-:----;-,.-:--:-_--,,.--:-; ___ -,---,,.-;-:--;-__ ::Do lla r s ( $ 120. 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 8118
located WILKINSON AVENUE
in accordance with the approved improvement plans prepared by __________ ~~~~~------
KIRKEBY & 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
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 211th day of March , 19~
r:" be signed by
'~incipal and Surety.
~jo~ary Acknowledgments
required.)
The above bond is
6/17/85
DIV?D DEVELOPMENT CORPORATION
BY:~~ 7J'~,p
Princ~pal
UNITED PACIFIC INSURANCE COMPANY
Surety
BY:~~'~ AtOrey: E'act
ody A. ohnson
accepted and approved this day of __________________ ___
" • ,
LABOR AND MATERIAL BOND
(Subdivision Improvements)
~~OW ALL MEN BY THESE PRESENT:
'!HEREAS, the City of Cupertino, State of California, and
Bond JI U 68 84 88
Premiuni: Included in
FP Bond.
DIVIDEND DEVELOPMENT CORPORATION
hereinafter designated as flPrincipal" have entered inta 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
ocher 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 foreh;
NOW, THEREFORE, we, the Principal, and ~~~~~~~~~~~ __________ _
UNITED PACIFIC .INSURANCE COMPANY
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, joinely and severally, unto the City of Cupertino, and any and
all materialmen, persons,"companieg, 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 unde~~the
contract hereinabove mentioned, and incorporated herein by reference. and all
persons, companies or corporations lending or hiring te~ms. implements or
machinery, for or contributing to said ~ork 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
ONE HUNDRED TWENTY THOUSAND AND NO/lOa DOLLARS
___________________ ($ 120,000.00 ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said PrinCipal, his or
its subcontractors, heirs, executors, administrators. successors at:' assigns,
shall fail to pay for any materials, provisions, provender or otner supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any ~ork 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 fe~ 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 Gode of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
OFFICIAL SEAL
ANNA MARIA FlOOD
NOiA~'( PUB-LIe ~ CAUF'OnNIA
the undersigned Notary Public. personally appeared
1)1{,h;lrd 1, 01; vel
~rsonallY known to me
o proved to me on the basis of satisfactory evidence
to ~'1 me per2on(sllhorecuted the within Instrument as
V lce, Jl'S', eo or on behalf of the corporation therein
named. and acknowledged 10 me Ihalthe corporation executed it.
WITNESS my hand and official set-~tnwWv W
Notary's Signature
STATE OF CALIFORNIA
SSe
County of Santa Clara
onM~r.ch .2?lr. 1S.S8 ...• before me. ~q.J:'.1.q.. H't. W9-9J).l?!=-" •••.•
Notary Public, State or California. duly commissioned and sworn,
personally appeared.;.(cX1.Y. .1\-, . .;rgl)rv~9n ..... personally known
to me to be the Attorney-in-Fact of the Corporate Surely that
executed the within instrument, and known to me to be the person
who executed the said instrument on behalf of the Corporation
herein named and acknowledged to me thal such Corporation
J executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
fr" . I I" h C f Santa Clara h d d my 0 lCla sea &n t e ounly 0 •••••••••••••• , ••••• t e ay an
year in this certificate first above written •
........ ~.~ .... : ...... .
La~o, and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or" additon 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 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 24th day of March , 19 ~
(To be signed by Principal
and Surety. Notary
acknowledgments required.)
DIVIDEN~:LOPMENT CORPORATION
By: ~~6.~ if
(Principal)
UNITED PACIFIC INSURANCE COMPANY
(Surety)
BY:~~'r~~ GOrne::n=Fac t)
Jody A. nson :
The above bond is accepted and approved this ____ day of _______ , 19_
..
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UNITED PACIFIC INSURANCE COMPANY
HEAD OFFICE. FEDERAL WAY. WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESE'NTS, That tbe UNITED PACIFIC INSURANCE COMPANY. iI corporotion duly orQl!Millild under the laW'S 01 the
St.te of Washington. don hof"oby moke. constitute lind .appoint
JODY A. JOHNSON of SAN JOSE, CALIFORNIA---
It I true,.,d laMul AttOrney.j';·Faet. to M.ake. e)(C)(:ule. scil lind detivet' for and on its boholf. and lH in act and dood
ANY AND ALL DONDS AND UNDERTAKINGS OF SURETYSHIP------
end 10 bind t~ UNiTED PACI FtC JNSURANCE COMPANY tMreby as fully Bnd to the '-<JmC!' extent at if "ueh bonds and undertakings and other wtltln9s
oblig.a10ry 1M the n.,turc thoroor ~te Jign.ed by nM El«I'cutive Offieot 01 1he UNITED PACIFIC INSURANCe COMPANY and tealed and attested bv one
other 01 luch Offi~i. and hereby nlfifitl and confirms all that itt u.id Atlorncyfd·in-Faci ~V do in purSl.Ulnce hereof.
'Tnt, Po~r 01 AttorMY it oranted undor and by authoti~y of Articl& VB 01 the Dy~Lam or UNITED PACIFrc INSURANCE COMPANY which
be<!ZlIne eUC'Ctive $tp(tf'l"itioGr 7, 1978. which provis:ions. are now in fun 'orCClllnd effoct. rendin~ ,u follows;
ARTICLE VII -EXECUTION Of BONDS AND UNOERTAKINGS
1. The-Bo;ard of Directors, the Presidcnt, the ChauM!n of the Board, ~ny Saniot Vice Prelldent. any VIce Pres:idenf Ot AUluanr VICC Ptesldent
r:JIf other officer dcslgnated by t~ Goard of Directors shall have POw&r end authority 10 t.alappoinl AttotncYS·ln.Facl and II) aUlhorlze Them 10 cl(t:cute
on bthaif of the Company. bonds 8M undertakings, recoonlzances, contracts of indemnity and other wrnings obll93torv In Ihe nalure theceoi.antt (bl
to remove ,ny ,uch Anorney·in-Faet .1It any lime and revoke tha power and authority !.Liven to him.
:2. Attorney,·in·FsC'i shal! NV!e' power lind Jluthority. lubjaC1 to the tarms and limitation, of the power of 'UtorMy ISSUed to them, 10 executc
~ deliver o'n behalf of the Co~ny, bond: end undertakino,_ recognizlInce'S, c:ootf4CU 0' indemnitY and other wrIting, d'Jligatory In fhe MIUte thcreof.
1NI: corPOuu seal is not nctCMSJ!ry lor thc validity 01 My bond$ and undcrlakino .. flw:;og.niz:.ncM. contracts-of Inoomolty and other wrlllngs obhg<ll()rV
1M lhe nature thert'Ol.
3. Auorneys-in-Fact ,hall have po'Ner and authorilY to execute "mdavin reQuired to be 3ttached to bonds •• !c:ogmzances. COnlrilCU of ,ndem·
nuy Of Other conditional or obligatory u~ertakinQ's and·lhey shall also l"Ia.ve power and aUfhority 10 ci'tnify the: financial statement 01 the Company Dnd
to cople. 01 Ihe By-Lam of Ihe' Compcny Of any ankle or section theroof.
This power of .attorney is signed and sealed by fbCsimile undet and by aUfhorlty or the follOWIng Re'olutlon adoptcd by Ihe Boald 0' Olfec(ot'l 01
UNITED PAC1F1C INSURANCE COMPANY al a metino hald on the 5~h day of June, 1979. at whitl"l a Qoorum was present, .lind said Aeiolutlon h.u nOI
IJoooen .I!nI!nded Or 'U'PEIaled:
"Resolved, that the! 1iona1ures of 1uch,dirC'Clors alid oUieou ~nd tho foGal of tl"le Company may be .. mud 10 anv 1Uc:h POWCf of
anOtt1:ey or any Ofrtificattf relating thereto by lacSimife • .and any 1uch powet 01 aU orne V or ceflifiGl)fe bCl.1lring such laC$lmlle
11gnatvrot or facsimile seel ihtfll bell valid tfnd binding upon thl!! Company and any 'uch power so l!!)(C'Cufed and cenilled by
la"CSimll~ ,ign.uUI'fu and fso:imile st'al shall be valid and tllndin9 upon the Company In the fUture WITh re,pect to any bond or
unoeruking to lNhich it llatutched,"
IN WITNESS 'WHEREOF, the UNITED PACIFIC INSURANCE COMPANY h-O'1 cau:ed ,he't prcsen,s 10 be Slgntd by its Vrce Ptl!!Sldenl. and lU corporate
... 1 to be h""o .,Ii .. d. ,hi, 5th d.YOf August 19 84 .
STATE Of
COUNTY OF
On thiS 6th
Washington
King
day of
'GJ'~'UNITClc INS~RAN OMP NY • ,SIW., . .'. It ~ 'n' V' LJ /.., " "_"" ~~.. .k.::_\-..l!l~_
Vice Pte'lldont
.1984. "",wnolly ,",poore<! Charles B. Schmalz
to me known to be rh" Vlce·Presid~nt of tha UNITED PACIF1C INSURANCE COMPANY, and ackoowll!!dged that he e:JlCcut!d and attested the fore.
OOlng InStrument and aUb:ed the sea! of said cOfporation theleto. and th.et Article VII. Section 1,2. and 3 of the ny-Laws of said Comp"ny,and the
Resolution. se't fOrth Itwlltin. Ire nil! in fuJi fOlce.
July 20 • III 86 ~~~~-~IiC in and for Slate of ~[lshington My ClmmlSsron EllPl1e:S:
:.'. Milton
I. Charles J. Falsko'W' ; hulltnnt Secrot4ty of the UNITED PACIFIC IP'!SURANCE COMPANY. do hereby celllly Ih~t the
Above and foregoIRgl'. truo and cort~t COPY of .. Powor of Attorney executed bv said UNITED PACJFIC INSURANCE COMPANY. which IS stilt In iull
forco and a-ffect. '
24th: day 0' March 19 88
BOU·l.31 Ed. 4/00 Aulrton,Socr ... ry CL...L;tL~
os. 08.
Alburger-de Gros~, Ine. r.o. Box 10733
1010 CorporatIon 'Way
Palo Alto, CA !M303·0900
11lJS ClIITIFICATE 1915'UlD AS A MAmR Ol' lNl'ORMATll'IN ON!. y ~ND OONFERS NO !110m Ul'QH WE CIRnF1C"'TIl~OLDEI!. 'tIl1i CERTJFJCATlIlOES HIlT AMliIfol. mSND OR ~i.ffIlTHI COVERAO~ AfFORDED IV THE POUCIU aG~ow.
COMPANV A
LE11GA
COMPANIES API'ORDING COVERAGE
Aetna LI Co & Casualty
I-==~--------~~----i ?~NV B J~UMO r~~"~·----------------------------------.
Jim Diffenderfer,
RobIn DIffenderfer &. Bob Leong
1484 Mislaya Court
Sunnyvale, CA 94681
CO!.IPMIY 0 LETTER
COMPANY ... LeTTEI'! ...
THIS ISla C9ATD'Y mAT POllClU OF INSURANCe LItTlD BELOW !lAVE aEEN !!leVED TO THI UISUAED NAMeD ABOVE I'OA THE POLICY PIRlon INI!TI<!.A~9J HOTWITHSTANDIHQ ANY REOUlRI"'JNT TERM OR OQNPlTlOij OfAHY CONTRACT OAOTNI" DOOIJI>ISHTWrTH AESPECTTO \\'KICHTH11J ClRTIFIOA ... ~l lli ISSUED OA MAY P'"TAIN. THE INsvilAHCE AfFl)~DiO IV THE I'<IlIOllB DOCRIBEIl m;~111l1' SUBJECIT TO ALL THE nR1ol8, EXClU&IONO. ~~D CONOI· T~N$OP.UOHPOU~;~
TVP. Of INSURANCE
UAlllI.rTV
WORKERS' COMPINIATIOH
IIIlD
.II'''~OYIA8· UUH.ITY
POliCY /lUMaER
OSACM5ZSSZ67
I\~ LIMIT9 IN THOI1llAt/J)$
05/13/88 OSlI3/8'
With respect iOI Lot 2, SlIft FerRand!! CA,
Certllkllie Holder Ii aamed 119 Addllionlll wIth regard 10 all
operatlOllll or named Insured as covered by pllllc1anii aU endtll'llcmenl8
thereto.
PER ATTACHkO
SHOULD ANYOFTH! ABOII! D~IICR1!liIl POLIOln SECANeII.UII 8aFa~1 TKUX·
P!~ATION DArE 1HSlleo" T1ii 19sum COMPAt« WILL aNDEAVOR TO
MJ,IL 10 DAYS WIltm!H HQTI~' W THE CI~I'IOATe HOLOI~ HAMED TO THi
U'FT, Dill' 'AII.URE TO !MIL WOK HoYlel! .HALL IMI'09~ NO OILlQATION O~
LIAUlrY OF AllY KIND UPOI/ THI CI)MI'A!IY,ITS Atl!N'l1I OR REP~E81IlTATIVE9.
1"03
, ~ "..,-. '''.,~~ CERTIFICATE OF INSURI\NCE ,;: ,
• (Continuations) -
INSURED: Jim Dll'I'cllderl'tr,
DESCRIPTION OF OPERAnONSlLOCA'I10NSNEHIC1.ESlRESTPlICTlON9I8PECIAL ITEMS· (Ccntlnllld:)
CERTIJ1lC~ TE HOLDER ANI> ADDl'1'I0NAL INSURED ARE NAMED AS FOLLOWS:
THE CITY ANI} MEMBERS OF THE CITY COtJNCIL OF mE CITY OF CUPli:RT1NO
lNDIVIDU~LLY AND COLLECTIVELY, AND THE OFI<'lCERS. AGENTIi, AND EMPLOYEES
OF THE CITY INl>JVIDUALLY AND COLU;CTIVEL Y
JO;l()O 'rORRE AVENUE
CUPERTINO, C~, 95014