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88-069 Perry and Jones Development, Improvement Agreement Tract No. 8126, Villa Maria Court and Rainbow Drive, Improvement Agreement Villa Maria Court II APN 366-38-14· . AGREEMENT VILLA MARIA COURT II APN 1366-38-14 of ~ t, i0 , 19~, by and l:letween the CITlt' OF aJPERI.'lllO, a municipal (X)tllOration of the state of callfomia, herei.na:fter designated as CITlt', and PERRY AND JONES DEVELOPMENT herei.na:fter designated as DEIlEIDPER. WITNESSETH WHERI1'AS, the DEI1EIDPER has mads at;plication to the CITlt' for a PARGEL MAP AND BUILDING PERMIT to cxmsb:uct and maintain FOUR (lj) SINGLE FAMILY DWELLINGS hel:e.i:na:ft:e referred to as "Project." WHERI1'AS, CITlt' ha:reDy ~oves the i:Dp:cyement. plans and specifications pJ:epaI"ed for the Project by HARRISON, TEASLEY" ASSOCIATES. INC. ; a true COf!'.l of which impravement plans and spec:! fications are on file in the office of the City Engineer of 0lpert1.n0; and WHERI1'AS, the SIIIII8 are i.ncct.porat;ed hsre.in by reference, the same as t:hc:ugh set: out in tull; Naf, 'lHERI!iIiORE, said impravement plans and specifications shall 'be h.ereinaft:er called the "Plans," and the wcr.k to 'be done 1JI'Ider the Plans Shall 'be called the ''Work.'' File: 51,189.1 1 • , . • mERFAS, pm;uant.to the provisions of this .1\GREIHm', the CITY hereby est:ablishe::i the ~ of Bon3s, Fees, and Deposits as set forth :in the following schedule: sam::mE OF B:!NtS, FEES AND DERlSl'I'S SLLeet ImpmIreme.nI: category: PARr A. Faithful PerfOJ:lllim:le Bc:Izxi: . . FIFTY TWO THOUSAND DOLLARS AND NO/I00 PARI' B.~ La'bor and Material. Bc:Izxi: FIFTY TWO THOUSAND DOLLARS AND NO/I00 PARI' C. Olecldr:q and Inspe.c:tion Fee: TEN THOUSAND FOUR HUNDRED TIlENTY FIVE DOLLARS AND NO/I00 PARr D. Ir1direct: City Expenses: ONE THOUSAND FIVE HUNDRED SIXTY FIVE DOLLARS AND NO/I00 PARr E. DeVelq;ment Maintenance Deposit: ONE THOUSAND DOLLARS AND NO/I00 PARI' F. storm Dtaimge Fee: TWO THOUSAND EIGHTY DOLLARS AND NO/I00 PARI' G. one Year PcWer COst: PARI' H. street Trees: By DeVeloper PARr I. Map Olecldr:q Fee: TWO HUNDRED TEN DOLLARS AND NO/I00 PARr J. Park Fee: SIXTY THREE THOUSAND DOLLARS AND NO/100 PARr K. water Main EKtansion Deposit: PARr L. Maps an!IIar DipLovemaut Plans: as specified in Item 23 2 $52,000 $52,000 $10,425 $ 1,565 $ 1,000 $ 2,080 N/A $210 $63,000 N/A t , . NOW, 'llf.l!:REiroRE, l'1' IS H:EREm MI1lUALLY AGREED by am between the parties hereto as follows, 'to WIT: 1. DEDICATION A. 'Ille DEVEIDPER offers to dedicate the real property shown on Exhibit "A", which is atta.checi hereto am lIIIlde a part: heJ:eof by :reference. Said dedicated property shall be free am clear of all liens or encumbrances except these which the CJ:1!':l shall waive in writin;J. 'lbe DEVELOPER agrees not to revcke said offer of dedication, am to keep said offer open until the CJ:1!':l accepts offer by resolution. B. Upon exe:::ution of this AGREOlENT the IJE!JEIOPER agrees to deliver a p:tqperly executed grant deed to the CJ:1!':l of the real property ciescribed in Exhibit "A" , and such other executed ~, or inst::r:u:ment: necessary to cr:mvey clear title as he't:ein required.. '!he DEVELOPER shall provide, at the DEVELOPER'S sole cost am expense, to the city: (1) A prelimi.na:l:y title Iep:n:t: issued by a title insurance r:arrpany relatin;J to the p:topilLty offeted for dedication. (2) A st.arrla:J:d policy of title i.nsul:!ince issued by a title insurance oaupany am insuri.rx1 the CJ:1!':l in the sum of: N/A, am which shall shaw said p:tuperty free am clear of all liens or E!IlCI.1II!bran except those as the CJ:1!':l shall expressly waive in '. writin;J: said policy shall be fumished at the 1:Jl!Ie of accept:ance of deiication am :re:xlt'dation of deed. c. Upon the condition precedent: that the DEVELOPER shall perfom each am every CXMIIIlant am CODiitia'l. of this AGREOlENT, the CJ:1!':l &.9t as to ao::ept: said real property offeted for dedication. 2. nemIIAT.tON OF ~ It is fUrther agteed that: A. '!he DEVELOPER shall install and CX'IIIplet:e the Work within one (1) year ftclll the date of exe:::ution of this 1\GREI!Mm.I!, or such lorraer period as may be specifically authorized in writinq by the City Eng'ineer. In the event the· DE'IIELOPER fails or refuses to cauplete the Wol:k within the specified period of time, the CJ:1!':l, at its sole option, shall be authorized to cauplete the Wol:k in Whatever manner the CJ:1!':l shall decide. In the event the CJ:1!':l CX'IIIplet:es the' Wol:k, the CJ:1!':l Iray teCOVer any am all costs inc::u:rred the.rel:Iy frail the DEVELOPER or the DEVELOPER'S surety or both.' . . ' S. '!he DEVELOPER shall :install am OCIJIIlete the Work'in a qocxi and wcrkmanJ.ike manner in ac:x::otdame with the plans as apptoved, by the City En;Jineer of CUpertino. '!he Wol:k shall be dana in a.c::c:crdance with existin:.J ordinar:ices and resolutions of the CJ:1!':l am in a.c::c:crdance with all plans, specifications, st.ama:ras, sizes, lines, and ,grades approved by the City En;J.i.neer. '!he Work shall be dana in a.c::c:crdance with all state and C'.o.lnty statutes applicable hereto. '!he decislon of the City En;Jineer shall be final as to whether any Iraterial or workmImship meets the st:arrlards, specifications, plans, sizes, lines am grades as set forth. 3 C. It is fUrther agreed that the Wbrk shall be dena in ~ with the :aaIt cur::tent stanC.al:d Specificatians of the Department of Public works, califomia Department: of Transportation, state of ca.lifomia, arxl in accordance with the specifications of the 01pertinc sanital:y District where applicable. Wherever the ~ "state" or "caJ.ifomia Division of Highways" are mentioned in the state Specifications, it shall be considered as teferr:irq to the CI'lY of CUpertino; also 'Wherever the "DiJ:ector" or "Director of Public WOrks" is mentianecl, it shall be considel:ed as teferr:irq to the City Engineer. In case of conflict between the state Specific:atians arxl the specifications of the CI'lY an::vor the CUpertino sanital:y District, the specifications of the CI'lY an::vor the CUpertino sanital:y District shall take p%eceYmce CNer arxl be used in lieu of SUCh can:flict:irq portions. 3. EXCAVATION PERMIT It is further agreed that the DEVEIDPER shall or::mpl.y with section '1hree of Ordinance No. 130 of the CI'lY by obt:ainin;J an excavation pemit fl:an the City Engineer before the 0 ""lSIlceme.llt of arrJ excavation in, on, or un:ler the surface of arrJ exist.in;J public sboeet, lane, alley, sidewalk, or at:her public place. It is further d9xeed that the DEVEIDPER shall notify the City &1q.i:ne.er of the exact. date arxl time when the pxOJ.XliS'i!d excavation is to CXJ!!!!'Pnce. '- 4. OJITCIAIM DEED It is further agreed that the DEVEIDPER, when xequest:ed by the CI'lY, shall quitclaim all his rights arxl inI:exeSt:s in, and shall grant to CI'lY authorixation to exb:act water fl:an the ~ strata ly:irq beneath said project arxl DEVEIDPER agrees to e:xI!iC\lte a "()litclailD DeEd arxl AUthorization" in favor of CI'lY, when p% !I nUlci to him for signature. 5. llClNDS l!NO <miER SEXIlRl'lY A. Upon the exsc:ut.1a'I of this ~, the DEVEI.OPER shall file with the CI'lY a faithfUl. pe:dormaucEi l::ald to assw:e his full and faithfllJ. performm::e ot this ~. '1he penal sum of said faithfllJ. perfomanca bond shall bit the full cost: of arrJ payment to be made un:ler this AGREE2-IENr, the value of arrJ land agreed to be dedicated, arxl arrJ improvements to be made under' this AGREEMENl'. In the event that improvements are to be made. un:ler this ~, the DEVEI.OPER shall, in addition to said faithfllJ. performance, file with the CI'lY II. labor arxl materials l::Icrlr1 in a penal S\lIII adeg).late to assw:e full payment of all labor and materials requi:red to c:cnst::r:uct said ~. 'l!le am::Junt of said l:xmds shall be as designated by the City Engineer. Said l:xmds shall be executed by II. surety <XI!!pI'ny' authorized to transact II. surety l::\Isiness in the state of caJ.ifomia and lIIlSt be ~ by the City Atto.rney as to fom and by the City &1q.i:ne.er as to suffi.ciency. In the event that the DEVEIDPER shall fail faithflllly to perfom the CXIII'I!Mnt:s and conditions of this AGREEmNl', or to make arrJ payment, or arrJ dedication of land, or arrJ improvements herein requi:red, the CI'lY shall call on the surety to perfol:m this AGREtMENT or othel:wise iMemnify the CI'lY for the DEVEIDPER'S failure to so do. B. In lieu of a "surety !:land, the Ill!i'JEIDPEa may elect to secure this ~ I:7y depceitinq with the CI'l'I: 1. cashr or, 2. A cashier's check, or a certified c::heck payable to the order of the City of CUpe:t:tinol or, 3. A certificate of depceit, or instrument. of credit meeting' the requ.in!ments of Gave:LlUli8l1t Ccxle sect:1on 66499 (b) or ee) • C. 'llle amount of said cash, checks, certificate of depceit, or instrument of credit shall be as designated I:7y the City Er.gineer, am shall be the equivalent to that Mlichwculd have been requ1xed had the Ill!i'JEIDPEa fu:rnished the CI'l'I with a surety !:land. In the evant that the Ill!i'JEIDPEa shall fail faithfUlly to perfotm the c:cvenants am con:litions of this AGRE:EMENI', or to make any payment, or any dedication of laM, or any imp:rovaments herein requ1xed, the CI'l'I may apply the pt .... :eeds of said security thereto. D. No release of surety !:land, cash depceit, dleck, or certific:ate of depceit, shall be 'JIIaCIe except upcn awz;oval of the City CCUnc1l. E. No int:e:J:est shall be paid on any security depceitEd with the CI'l'I. 6. ~ AND INSI?ECliON n:E It is further agreed that Ill!i'JEIDPER shall pay any am all neoessaq direct expenses for inspection, c:hec:Jtinq, etc. , incurred I:7y CI'l'I in connection with said Project, am that Ill!i'JEIDPEa shall have depceitEd with CI'l'I, prior to execution of this ~, the amount as set forth herein at Page 2 (Part C). ShcW.d ccnst:r:uct1on cost vary mat:er1aJ.ly fl:an the estimate fl:aa Mlich said sum is calculated, the City ED;ineer shall notify Ill!i'JEIDPEa of any additional sum due am aw:i.nq as a result the:J:eof. 7. :r:M)~'l' EXP.EHmiI It is ful:t:her <tyL6ii!ld that Ill!i'JEIDPER shall pay to CI'l'I, prior to execution "of this ~, :ind1relCt: I:IXpElllSEl alloc:able to flU c ssinq these i:mprc:Mrments, the amount as set forth herein at Page 2 (Part D). S. MAP cmx::.KJ:m n:E It is further agreed that the Ill!i'JEIDPEa shall depceit with CI'l'I, prior to execution of this~, for office c:hec:Jtinq of final map am field c:hec:Jtinq of sb:eet lIXlIlUIIlIBnts, in 0CIIpl1m:e with sect:1on 4:1 of ordinance No. 47 (ReVised 1.2/04/61) of Cl'lY, the amount as set forth hel:e1n at Page 2 (Part I). It is fU%thsl:' agxeed that the DEVEtOPER shall pay to the crJ."I, prior to execution of this ~, the amcunt set: forth herein at Paqe 2 (Part E) as a devel0pbent maintellan::e depceit to insul:e £lL"""""" dust control mld cJ.eanin; durin;J the oonstruction perioc1. 'Dle devel~ maintenance deposit may :be utilized for repairs of defects mld ilJparfections arisilr;J out of or due to faulty wo:t::kmansh.ip and/or materials ~ in said worJt durin;J the perioc1 until release of the :i:mpmveIbent bonds by the crJ."I. Shcu.ld the DEVEtOPER c:x:mpl.ete the requ:i;red repairs to the entire satisfaction of the crJ."I, the 1.Irl!.l,!lEd balance will: be retmned af!:er the release of the .ilIIprove.ment bonds. 10. S'ItR( IIlAINl\GE FEE It is fU%thsl:' agxeed that the DEIIEIOPER shall depceit with the crJ."I, prior to execution of this A~, a stem drai.naqe cha:!:g'e in connection with said Project in accordance with the requirements established in Resolution 4422, Mal:ch 21, 1977, in the amcunt as set: forth henU.n at Paqe 2 (Part F). ll. WMER M1I.IN ElI.'l'EllSION om.:osrr 'nle IlEVEIOPER fU%thsl:' agJ:: as to depceit with the crJ."I these monies required to comply with "iQlicy on water Main Extensions Work mld Deposits" datecl 9/30/77. 'nle depceit shall be held by the crJ."I until said ~. lOOI'Iies am l'leII&n to implement bIprovemants cutl!ned by the Director: of Public Works or i'mpravements cutl!ned within the adcpted water Master Plan. 'nle amcunt shewn henU.n at Part X, Paqe 2, shall be the full amcunt due. 12. ONE Y.I!'AR KHER COS'!' It is fU%thsl:' agreed that the DEIIEIOPER shall pay to c::rr'l prior to execution of this ~, the amcunt as set forth here:in at Paqe 2 (Pa:rt: G), which amcunt LepL sEJt.i the pcwar cost for street. lights for one year. 13. THE D91'AUATIaf OJ' S'n<EI!il' 'mEES It is fU:I:ther agreed that the IlEVEIOPER shall, at such t:!Jne as deemed aw:coptiate by the City En;Jineer, plant sLt:eet. trees in confomance with the standards of the City of Olpertino. Var!et:y of tree shall be selected fran the City ~ list. 14. PARK FEES It is further agreed that the DEIIEIOPER shall pay such fees and/or dedicate such lmld to the c::rr'l, prior to execution, as is requ:i;red within "Park Dedication 0:l::t'I.inan:l" NIlmber 602, 1972, a:n:i which is fU%thsl:' . stipulatecl uxXIer Part J, Paqe 2 here:in. 14-A. p~-'<.", Ii=.::. ADnrS!MENr POOVT..5ICNS . 'nle value of the lani useQ in estal:llish.in;J the "Park Fee" outlined nerein on Page 2, Part J, requi.res foz:mal oonfil::ma.tion. 'nle CITY shall employ a qJalified lo::al. appraiser to provide a market value of the lani. 'nle City will calcllate the "'l?a.:dt F~" :based on tha appraisal. 'nle DI!Ve.loper agrees to p;!£';{ for arrf deficienc:y"within t:h.i.rt:y. (30) days ani the City agL "3 to re.fUr:x:l ~ within thirty (30) days. Adjustments shall be :made prior to aa:eptaIlce. of the subiivision i.mprovements. 15. ~C!:oF~ It 1$ ~..r..er aqree:i that the WlEI.OP.:..'l. shall maintain the Work until all deficiencies in the Work are coLreCted to oonfor::n to the Plans ani t."le City st::arxJards ani specifications for the work. 'nle I:lE"l!l'.DPER shall, =n writ"'...en notice. t.'1.e..~f, il!!!!\E!C'liate.l.y :repair or replace, withcut:. =t' or obligation to the. City of 0l!;:El::ti.nc, ani to the entire satisfaction of said CI:r'I, all defects ani i:mperfectiCl'lS ari$inq out of or due to faulty w'Orl<:.manship ar.d/or mate..""ials a~ in said Work. 16. SAN:!TARY DIS'IRIcr It 1$ fu'rther a.qreed that the WlEI.OPER shall file with CIT\!', =n exeo.ztion of this ~, a letter frcm tr..e 0Jpe:rt:in0 Sanitary District. =ti:nq that t."le DE\IEIOPER has entered. int:o a separate ~ with tr.e said District. to ins"'..all sanitaLy sawe.m to SE!.."'Ve. all lots wit.'tin said l?l::oje.ct ani s'"..ati.rlq that a l:x:md to insure fUll ani faithful pe.rf= of the const::uc'"..ion of the said sanitaLy SEWerS ani to insure ma.int:er.a.nc:a of . said sanitaLy sewer in oonfoz:mar.c:e wit.;' .. j;he provisiCl'lS as set forth in PaLagrapll 15 aJ::c.Ie. has :been. filed. 17. ~COOS It is fu:rther aqreed tr.a.t WlEI.OP.ER shall file wit."l. CIT\!', up:m exeo.ztion of this ~, SI.ll::stant:ia EI'liderJce that all provisions of Section 66493, Art:icl.e 8, <llapter 4 of the Gcvel::nment:. O::d.e., pe.Lt:.ai.nin; to special assessments or bon:is, have been """"lp' led with. ' 18. c:m.mAL FIE!: DIS'IRIcr It is further aqree:i that. the CEVl!:t.OI?ER shall file with the o:IY, up:m execution of this ~, a letter frcm the centLal FiLe l?l::ot:ec:tion District. of santa CJ.a:::a o:unt:y, stat.in; that the J:lE'l.Ii!I:.Ol has ente:t:e::i into an ~ with said District"' to inst:all fiLe hydrant:.s to ser<e said l?l::oje.ct an:l. sta.t.i.n; that all r.ecessery fees have :been. de!,:adted wit."l. said Di..st:r.ict to insure inst:allation an:l. five (5) year rental fee of said . hyttLants. . 19. PACIFIC GAS AND ETFm'RIc,tPACIFIC BELL It is further aqreed that the WlEI.OP.ER shall p;!£';{ to Pacific Gas ani Elect:r.ic Ccmp?ny arxI,Ior to PACIFIC BE:1'..L Ccmpany arrf ani all fees ~ for installation of overhead arxI,Ior ~ wir.i.n;J c:i:rt::uits to all elec:troliers within said ptopea::ty an:l. any ani' all fees ~ for' ~ as proviOed in 0Lt!i.nanc'e Nc. 331 of o:IY Wen DEVEI.Ol?ER 1$ notified by either the City ~ or the Pacific Gas ani Eled:Lic Company arxI,I or PACIFIC BELL Company that said fees are due ani payable. 7 : . . 20. ElISmI!m'S AND RIGHl'-OF-wAY It is further ag.x:eed that a"a/ easement and right-of-way n£ressary for CQIPletion of the Project shall be acquixeci Joy the IlEVEIOP.ER at his awn cost and expense. It is provided, hcweYer, that in the evant eminent domain proceedings are required Joy the c:::t'l'Y for the purpose of securin; said easement and right-of'"'WaY, that the IlEVEIOP.ER shall deposit with c:::t'l'Y a SIlIII 0CI'let'i.n; the reasonable :market value of the land PLqoseQ to be taken and to be incl1.ldl!d in saic1 sum shall be a reasonable al.l.awance for severance dalnages, if a"a/. It is further pmv1aed that in addition thereto, such SI.1lDS as may be required. for lEgal fees and costs, en;ineer1n;J, and other 1.n:idsntal ccst:s in sucll reasonable a:JIP.lnts as the c:::t'l'Y l!la.Y :require shall be deposited with the City of Olpertino. 21. HOm HAl1MIESS It is fUrther agreed that, oommencin; with the perfo:r:ma:nce of the Work Joy the IlEVEIOP.ER or his c:cntractor and oont:i:nuirq until the mupl etion of the ma1ntena.tx:e of the work, the IlEVEIOP.ER shall ilXIEmnify, hold hal:mless and Qefen:l.. the c:::t'l'Y from and against a"a/ or all loss, cost, expense, damage or liabUity, or claim thereof, ocx:asioned Joy or in a"a/ way what.soaYer arisin; out of the perfotmanee or ulIIperfotmanee of the Work or . the negligence or willful lIIi.scc:n:hlct of the IlEVEIOP.ER or the IlEVEIOP.ER'S aqents, employees.and it:Ideperldent oan:t:::ractors. 22. Jll5URl\NCE: It is fUrther agreed that: 'lbe IlEVEIOP.ER shall take out, or shall requ.U:e a"a/ c:cntractor en;aged. to perfom the Work to take out, and mintain. at all t:I:mes dl.1rln:J the perfotmanee and ma1ntena.tx:e of the Work called for or required to be dane hereul:Xler, a policy ,of 1:nsu:rance n.attdn;J the c:::t'l'Y and ,","""""..:rs of the City Ccurcil of the City of 0lpert:I.n0, individually and collectively, and the officers, agents and emplcyees of the City individually and collectively, as insu:I:ed. said separate policy shall provide bodily injury and property damage coverage to the foregoin; named c:::t'l'Y and individllsl S 0CI'let'i.n; all the Work perfO%:lDed Joy, for, or on behalf of said m:vEI.Oli'I!:R. Beth JxxW.y injury and ptopaty damage insu:ranI:e must be on an oocun:ance basis: and saic1 policy or policies sball provide that the CXl'iIeJ:"cIg8 affCll!dsd tllm:'eby shall be pr.i.ma1:y coverage to the full ll:mit of '11"l)jJ1ty stated. in the declarations, and if the city, its members of the City .Ccurcil indivMnaUy and collectively, and the officers, 8qents, and employees of the CITY, individually and collectively, haIIa other insurance aqirlnst the loss c:avered Joy said. policy or policies, tllat other insurance sball be SIC S insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. • . • A. Each of said,. policies of insurance shall pxwi.CIe CCJVel:agEI in the follcwin;J minilIIlm a:unts: For lxxii1y injury, $100,000 each. person; $300,000 each. ~, p:ccpe:r;ty damage, $50,000 on acccunt: of art';{ one ocx:un:m:::a with an aggregate limit of not less than $200,000. B. 'l!le IJEVEIDPm shall file with the City ED;ineer at or prior to the tJ:me of exJ!IC:Ution of this AGREI!'MIlm' try the IJEVEIDPm such evidence of said foreqoinq policy or poHdes of :1.nsuJ:mx:e as shall be satisfactol:y to said City ED;ineer. Each such policy or policies shall )::)ear an endorsement precltdiDJ the c:ameJ' atim or :reduction in c:ovez:age wi1:lx1tt qivtD::J the City ED;ineer at least ten (10) days adv.m::Ie notice thereof. C. In the event: that the P.toject 0IJ'J'eJ:'E!d herein sht:Wd be lIIIltual1y situated in or affect the area of jurisdiction of a separate municipality or political suI:XI1v:ision of the State of california, the policies of insurance required herein am alx:M!I shall co-name such municipality or political suI:XI1v:ision am the p:ccwisicn set forth herein am alx:M!I for the p:cotect:1on of the c::r.IY shall equally apply to municipality am political suI:XI1v:isim. 23. lW'S AND/OR ~ PlANS It is further agreed that the c::r.IY shall ciII:ain the follcwinq map artl/or plans at the mm:I:OPER'S e.xpense: A. A mylar sepia am seven (7) p:cint:s of fUlly exa:::uted p;m::el map. B. A mylar sepia am ten (10) p:cint:s of fUlly exa:::uted :improvement plans. c. A direct: c1up11catin;J silver negative microfilm apemtu:re card of all exa:::uted i:mprc::M!me.nt plans am map. 'l!le DEllEIDPER ag:t:Ii!eS to pa:y the c::r.IY :frcm the dsveJ.q:mer.t maintenance deposit the cost for all p:cint:s of plans am map required under Item 23. 24. ~ This AGREEMEN'l' shall bind the heirs, administrators, exec::ut:om, S1JIXOESSor, assignee am transfeu: e F of the r::lEVEI.OPl!R. 'l!le assigullext of this .!IGREEleM' shall not Joe lIIi!Ide witbcut ~ try the City OI:luncU of the City of Cl.Ipert.i:nc. STATE OF CALIFORNIA I COUNIY OF-;:::;-'S::an=ta=--=Cru==Z:-:--: ___ -:_:__ S.S. On this the_. 21st day or March 19 .. 90 belorema, the undersigned •• Notary Public In and lor said County and State, pe,,,,mallyappeared Charles N. Perry. Jr. FOR NOTARY SEAL OR STAMP ____________________ p.~nru~ known to me O''1),.o'Ve'HfM'''e ..... ___ ~-to be the person(s)_whose name ___ ..:lll--_______ _ subscribed to the within instrument. as the Attomey in fact of Sherra1yo J Perry and acknowledged to me that be subscribed the nama __ of Shena] yo ,1 Perry thereto OS principaL-and _-his---own name_os :tt0;v,a~ Sign~d<.;;6 /2~~~ ______ ----l STAiE OF CALIFORNIA I COUNTY OF Santa Cruz 5.5. On Ihi.the 21st dayo! March 19Jill..belomme. the undersigned. a Notary Publlo in and for said c.ounty and State. personally appeared Ronald W. Jones -,;;;;;-;;;..;;;;;;;;;;;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;;;;,;~;;:;:;~p:erso: nally known 10 me urproved~ol.alislaeIOij .,id.iieeto be Ihe person(s) __ whose name _---'LS. _________ _ subscribed 10 the within instrument, as the Attorney in tact of Noreen E. Jones and acknowledged to meth.t he subscribedlhename __ _ of Noreen E. Jones thereto as ::q:;~~~ FOR NOTARY SEAL OR STAMP ~ ~::-:lR('~~:~~~"'=-CKI': i Ii.' f • , ~ " o ;; o w Z ... -I: o ~l o ~ • Q. • in STATE OF CALIFORNIA } COUNTY OF Santa Cruz SS, On this 21st day of ~March""'<!"\.ih! ___ • in the year 1990 • before me, the undersigned. 11 Notary Public in and for said County and Stale, personally appeared _____ _ Charles N. Perry, .Jr t "deuce) to be Ihe persOn ________ whose name __ -lj:,lSi.-______ SUbscribed (0 (he within instrument and ad::nowlcdged that be executed the Sign Name (Typed or Printed} Public in and for said County and Slate F2492 R 6/84 'it OFFICIAL SEAL R " MARGUERITE S. GLASCOCK ~ NIWY Pullllo_C2Iifomla ~ , ! ... SNlTACRUlCDUNTY, k»':, M~C<mm. EJp. ~. 1~9;'" FOR NOTARY SEAL OR STAMP -' .. :> o 2: o wz -'-t; ..... o " .. o ~ • 'li • in STATE OF CALIFORNIA COUNTY OF Santa Cruz } 55. On 'his 21st d,y of March • in the year ____ 11.9=9"'01-• before me. the undersigned. a Notary Public in and for said County and Slate. personally appeared _____ _ Ronald IV. Jones personally known to me {D"'P«"~>r~-fH'I""M laeaL. eJ:..se~ ~~,)-..;.o be the person whose name ____ ~~". S"-____ subscribed 10 (he within instrument and acknowlctlgcd that he executed the same . Name (Typed or Printed) N<H3iY Public in and for said County and Slate F2492 R 6/84 1.1, em" •. &p, iO»r. la, 1992 I "'O>¥ '""""~C~I FOR NOTARY SEAL OR STAMP , . , .. I • " . • m WI'mESS WHERl!X)F, CI'I'Y has caUSEd its name to be hereunto affixed by its Mayor a:rXI City Clerk, thereunto duly authorized by resolution of the City CCllncil and said OEVEIDPER has hereunto caUSEd his name to be affixed the day a:rXI year first aboVe written. ApproVed as to form: lO DBI/EVERETT W. STARK & Co. 2190 STOKES STREET »103 SAN JOSE, CA 4)5128 JIM UNTIEDT ! 40m 2')4-4106 KLASSEN TRACTOR, INC. lD~5 SODA S~RrNGS ROAD LOS GATOS, CA 95030 THIS ct:ATlFICAl.E is ISSUEO AS A MATTER O~ INFORMATION ONl.Y AND CONFERS NO RIGHTS UPON THE CERTIFICATe HOl.DER THIS C.ERYIFICATE DOES NOl AMEND, EXTEND OR ALTER THE coveRAGE AffORDED 8V THE POLICIES aeLOW. COMPANY A t.mER COMPANY t> LETTER III COMPMiY C LETTER COMPANIES AFFORDING COVERAGE THIS IS TO CeRTIFY THAT POLlelESOP INSURANCE LtSTfW BELOW HAVE BeEN IseuEO 10 -rHE IN$UA€D NAMIiD ABOVE FOR THE. POLICY PERIOD JNDICATED, NOTWITrlST ANDING ANY AEOUlREMENT, 'teAM OR CONDITIOU OF ANY CONTRACT 011 OTHER OOCUMcNT WITH ReSPECt "0 WrllCH TH1S CERTJFICATE MAY Bli ISSUeD 011 MAY PEBT AlU, THE INSURANCE AFFOFlDF.O 0'1 THE POL.iCl£$ Of$CRISfO HEnEIN IS SI)6JeCT TO ALI.. THE TERMS, EXCLUSIONS, AND CONC!~ TJONS OF SUCH POLICieS, f.J.1. OWNeQ AVTOS SCHEOUUO AUTOS H,flW AUtes NON.Q\"J~jEn AUTOS GARAGE !JA9\t,!TY WOllKEAS' COMP£NSA TION AND EMPLOVeAS'L1Aell..lTV A RENTgO EQUIPMENT BUASOE.2C>B489 AU. Ln..i!TS IN THOUSANDS 11/191B9 11/19/90 11/19/89 111'11'10 11/4/8'3 1/41'30 1111 .. /89 1119/<;)0 $50,000 LIMIT OF OPERATIONS/LOCAlIONS/VEHICLE$IRE$m!CnONSJSPECIALITEMS COURT #2, CUPERTINO, CA ADDITIONAL INSUREDS (SEE ATTACHED) :ITY OF CUPERTINO 'UBLle WORKS DEPT. 0300 TORRE AVENUE UPERTINO, CA 95014 , ' SHOULD ANY OF THe: A80VE OESCRlaED POLICIES BE CANCELLED BEfORg TJ~e ex- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOeAVOR TO MAll. 10 DA.YS WRtT1EN NOTICe TO THE CERTIFICATe 110LDeR NAMED TO THE 1.EN. sur FAILIJAE TO MAIL. SI)CH NOTICE SHAt.L iMPOSe NO OSUGA,T10N OR STARK AND CO. POLlCY NUMBER: C060 6 20662 9 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided unCier the following: COMMERCIAL GENERAL LIABiliTY COVERAGE PART. SCHEDULE Nama at Person or Organization: City of Cupertino Public Horks and Members of the City COuncil Of ehB City of Cupertino, individually and cOllectively, and the officers, agents and eroploYBes Of the City individually and Collectively as insured (If no ~rHry appears above. intormalion requlf<ld to complet" this anoor,.;ment wlll be shown in the D~clarariQns as appiicable to thiS ~ndorsemenn WHO IS AN INSURED (S.;c:ion II) is amendad to include as &n insured the "erson or or&aniZJ rion ~ho"," In me Schedule. bur only with respact 10 liatliliry arising out of "your \Vork" for :h:;r Insured oy or lor you, O~her.insurance SUbject to all other terms Bnd previsions Of the policy such 1naurance IS provided by this Endorsamant shall be deemed primary. but only with respect to work performed by Or for the Named Insured in connection with the above described contraat CG 20101185 Copyright. InsuranCe aervlces Office:. Inc •• 1984 o ; Santa Cruz SS. STATE OF CALIFORNIA } COUNTY OF ......... ~~=-===-_____ _ On this the 5th day of ~_-'Ap=,~r:::i::l==-_-.".~=_~_19~ before me \he undersigned, a Notary Public In and lor said County and Stale, personally appeared BonaJ,d W. Jones ________________ ! parsonallyknown tomeUl iAUgedlo"fTl'rf"Ofl~l")""t:!Vitttm'CG'tobethe perso",---whoSB namLis .... subscribed to the within instrument and acknowledged that -heL execut FOR NOTARY SEAL OR STAMP ........ t ' .. ' STATE OF CALIFORNIA COUNTY OF Santa Cruz 15.5 . On tf1lslhe--5.th-<lily of Apr; 1 19..9lL before me, file undersigned. a Not/l!lt PublJcJn.and !Dr said County and State. .rona.l.C! W. JOneS personally appeared . -:=:-:========:::::::::::::::::.:;;;' personally known to me Ot"'p'l'thed to lIIe t71Ttt're"baslS Of satlS1actmV"GVRr!~ to be the person($}_ .. _ whose name _l..l:i .. _________ _ subscribed to the within instrument, as the Attorney ____ In fact of Noreen E. Jones and acknowledged !o me 1h8! of Noreen E. Jones his he $ubsclibedlhe name __ thereto as ownnamE!-aSA~ttom __ ... . lact /--J;,~~~.=""K2~..-L"_~-IfL-L~m~ _ FOR NOTARY SEAL OR STAMP 7-:.. ><r"" ~----------------------~ 15 .5. STATE OF CALIFORNIA COUNTY OF Santa Cruz On Ihis lIle 5th day of-Apd 1 19~ belore me, the undersigned. a Notary Public in and for saki County and State. personally appeared Charles N" Perry, J--=r.!." __ _ _______ -"-__________ personally known tD me arpnmnl1t!'lTT!I"rnrnT!I"ml!l1ll1lr_-racTo,yCViil9noe to be (he person(sl __ whose name __ .. i"s"-________ _ subscribed to the within instrurrn::mt, as the Attorney In fact 01 Sherralyn Perry and acknowledged 10 me lIlal he subscnbed IIle name 01 Sherralyn Perry Ihereto"" pnnciP8L-and his own name C;;A2=::.~ Sign;;;Of!':f'U;X~~= FOR NOTARY SEAL OR STAMP My Comm. flql. Apr. 10. 1992 STATE OF CALIFORNIA I S ta ,-...." 88. COUNTY OF an ","uZ On Ihis the 5th _____ day 01 _~l\P=r=i:::l,--:::;-:-.;c--.:.,--=::-: 19~, belore me Ihe undersigned, a Notary Public in and lor said County and Slate, personally appeared Charles N. PeJ:ry, Jr. FOR NOTARY SEAL OR STAMP ---;;,;;;;;;;;;;;;;;;;;;:;;:;;;;;;.;;;;:;;;;;;;;;;;;;;;;; personally known to me 01 plOvcd to lIIe Un tile basis of saHsfacttllV1!WlljeritZto be the ! perso~ whose name~subscrlbed to Ihewithin lnstrument i and aCknD. wledged tl1at..llEL :xecu~t:: s. ame. -s?/h---H' . a __ ~ ~:f ~----; ~gI,ature 01 Nota -.J •• C3' My CanOl. P4>t. 10, 1992 " STATEOF~ ) ) sse County of _~AC~__ ) 0;' tltis ___ ::.2:.:nd=-______ -1ld"'y of ___ A"'p"'rO-i=1 ________ --'-19..2L... before me _____ C'-yn=t"'h'-i"'a"-"M"'.'---.::E"'s:.;b:.;o::n:.:a'--__________________ • tl Notary Public. personally appeared Sharon J. R,:!sconl personally known to me (or vroued to me on the basis of .<arisfactory evidence) Ie /;~ tJ,D Attomey·in·Pact of the INSURANCE CCMPJ\NY OF THE WEST and acknowledged to me tbat he subscribed the name of tbe INSURANCE CCMPJ\NY OF THE WEST thereto and his own name as Attorney·in·Pact. 30272 OD'FIClAL SEAL Cnml!A M. ESBONA IIlOTAFJ'I P<.ISUC· CAUFOANIA SACRAMENTO GOU1'/TY My Comm. E!<pirc, M<I)' J. 1991 +-LA~~~~~. ~ Public in and for the County of -=.SAC=RAMEN'lD===,-_ • State of _CALIFQRNIA 3·B5 , . , r FAITHFUL PERFORliANCE BOND f Bond No. 113 58 35 1QI0W ALL MEN BY Tl!ESE PRESENTS; Ronald W. Jones and Noreen E. Jones; Charles N. Perry, Jr. and THAT WE. Sherralyn PerrY al> Principal and INSURAN'CE COMPANY OF TIlE WEST as Surety ~re h~ld and firmly bound unto the City of Cupertino, State of California, in the sum of FIFTY TWO THOUSANP Al~ NO/IOO--------------------------------Dollar~ ($52,000.00----------) lawtul money of tha Unitad States, foc the payro¢nt of'which will and truly to be made, 101$ bind ourselvee.. our heirs, elt~c"ccr:;, 8UCCeS$ora and assigns, jOinely and severally, firmly by cheue ptesancs. TaE CONDITION' of the above obligation is such thae, WHEREAS, the Principal hae entered in co a contract dated ~~ or about March 25,~990 with the Obligee ' to do and perform the folloving work to.witl Villa Maria Court Street Improvements NOW, THEREFORE, if ehe said Principal shall well and truly l""r~on, t:-," ""=:-. (lont(A(lted co be perforned under said contracc, th.!n thiil obllgllct .. ,;, 9h,,1:', be void; oche~i~e to remain tn full force and effect. IN "'ITNESS WJlER£OF, this instrument has beel1. duly e;<acut"d by elle friL>c:il'al and Surety ch.u 2nd day of April • 19J!L. (To be signed by Principal and Surety and acknowledgment.) -INSURAl'lCE CONPANY OF THE tIlEST aron J. Rusconi The above bond is aceetoted and approved this __ day of ______ _ 19~ • " . , Bond No. 113 58 35 lABOR AND MATERIAL BOND K.NOW ALL KEN BY TIlESE PRESENT: WHEREAS, the City of Cupertino, State of California. and Ronald W. Jones and Noreen E. Jones; Charles N. Perry, Jr. and ------Sherralyn Perry hereinaft~r d.signated aa "Principal" have entued 1nco or a.re abvut to enter' into a contract providing for the installation. construCtion. awi ete~c!.on by Principal of cercain improveillents 1Il0ta particularly degcribed ill said cnotl·"cC' and incorporated herein by reference • . WHEREAS. said Principal is required to furnish a bond in connecci<>r. 'heh sa1d contract. providing that i£ said Principal. or any of nis ~~ its sub- contractors, shall fail to pay lot' any materials, provtsion$, provIi\nder or ocher supplies or teams used in, upon. for or about the p~rfOr:t&Qce "f ch~ work contracted co be done, or for any wo,k 0, labor donI! ther~on of any kind, tnd Surety on said bond shall pay the sam. to Che extent herDinafter SQC foren; NOW, tHEREFORE, we, the Principal, and INSURANCE COMPANY OF THE WEST 1.$ Surety. firmly bind ourselves, our executors, adminisctacors, SUCC.$SOtS and aSSigns, jointly and severally. unto tho City of Cupertinv, ~nd 'any and all m4t~ri81men. persons, co~pan1es, or corporations furnishing mare.iI11~, provisions, provender or other supplies used in. upon. for or .but the 9~~fo<' mance of che aforesaid work contracted to be executed or perfo~ea under 'he contract hereinabove mentioned, and incorporated herein by raferenc~. and &11 persons. cowpanies or corporations lending or hiring ceawd, imp1e~cL<3 or machinery, for or contributing co said work to be done, and all p~tson; ~ho perfo~ work or labor upon the same, and all persons who supply boch ~vrk and ~aterials, whose claim ha$ not been paid by Principal or by ant o.her person. in the just and full sum of FIFTY TWO THOUSAND AND NO/lOa DOLLARS -------- ___________ ~ ________ ($ 52,000.00-------------) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if $aid Principal, his or its subconc1;'acicor •• hdr6, exec:utors, adillinistrators, SUCC~SSOt" 0, ,,-,signs, shall fail to pay for any materia~s. provisions, provender or ad"".,· ,uppl1ez or tums used in. upon. for or about the performance or the "olk co\\crl1cr.od to be done. or for any work or labor thereon of any kind. or for ~mc~"t; due under the Unemployment In:i!uranc .. Act with respect to such work Ot 'l"bor. or Qny .. nd all datllase~ ariein, under che original concracc. then said £\lr"ty Il.tll p~y <:." s .... e and also will pay 1n Case $uic is brought upon chis bond, such r.a,or.:;bl." actorn<:y' 9 fee as shall be fixed by che court. Thig bond.9hall inure to che benefit of any and all persona, compani~$. and corporatiorrs entitl~d to £ile elaims under Section 1184.1 of ch~ (odo or C1vil Procedure, SO as to sive a right of action to chem or their assigns i~ -any suit brought upon chis bond. STATEOFCAUFORNIA COUNTY OF §anta Cruz /5.5. On this 1he-5th--day of-Jlpci.l 19..90-belora me. the undersigned, a Nolary Public in and lor said CoUl~ and State, personally appeared Cbarlest:l·ml?~l.mmC_· __ ~ __________________________ ~-p~MI~ known to me orprt!VW1tT!!!e-cmne-mm1!!'l)T1l!lIl1lI~~To be the person(s)_whose name __ -4i.J;SL ________ ~ subscribed to the within instrument. as the Attorney in fact of BberralynP]e=:J..~.J..;i.-----------_ and acknowledged to mEt thaL-..hEL-subscribed the name __ of Sherra1yn Pe~ thereto as princlP"L-and hjS~infact. Signa~~ ....... ~ FOR NOTARY SEAL OR STAMP f ""@"OFFICIAlSEAl '" l~ : •• -_.. • MARGUERITE S. GLASCOCK i, , N~ary Publlc-cafil ... i3 I l' . .. SANTA CRUZ COUNty I ~ .:., My Comm. !l<p. Apr. 10. 1992 t L_ -:Perr::t r ~ ::;;t:1l_,%0--. .!! ... ~ i ;; '" ~ \5 .5 " " « ~. th t ~ " "' . Q. ,.. ~ '" ..J « 0 S ta Cru 55. STATE OF CALIFORNIA } COUNTY OF an z On this the 5th day of 1\pril ...... ,,,,-,,,;;:,1990 ;:rbefore me the undersigned. a Notary Publlo In and for said County and State, personally appeared Charles N. Perry I r. ____ ~ ___________ , personally known to me "' __ --ai....r ... a(is!aoIeJ;< ..... <lef-to be the person~~ .. whose name is subscribed to the within instrument and aclmowledged that --illL e.ecule FOR NOTARY SEAL OR STAMP l@"--, 1 • • MARGUERITE S. GLASCOCK !I ! Nmary PIlblic-Cali!oml.l II ~ SANrA CIlIIl COUNTY I~ ., ~''''''. if ) "'" ,> Y CGm!, eq,. AIw. fO. 1992 ~ .....,. O<% __ l();iio! i • ::> o ~ o "'''' oJ -. "" ;: o " .. o 'x o STATE OF CAUFORNIA } COUNTY OF Santa CruZ .. __ ~__ SS, On <his 5th day of .!\pril . in .he year 1990 . before me. the undersigned, a Notary Public in and fot said County and Stale. personally appeared _____ _ Ronald W. JOlles personalty known 10 me (Of'17T'~"Tt7"l'I':I'e'."rr"t'tTe"1r.l!1rt1t satisfactoT'J' eTitltm't't!'rlo be the person whose name ___ ~j£s,-_____ subscribed to the within inslrumenl and acknowledged thai he c'tcculed the i~~.'~~ Vi • 'Name (Typed or Pnnled) Notary Public in and for said County and State F2492 R 6/84 FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA I COUNTY OF Sam .. Cl;\lZ __ --:-::--s,s, Onlhislhe 5th d.yoL-llpril 19..2lLbeloreme, !he undersigned, a NOlary Public in and for said Counly and Slate, personally appeared Rona) d W. Jones FOR NOTARY SEAL OR STAMP -;;;;:;;;;;;;-;;;;;~~~;:;;;:;;;:;;;;;:;;;;;;;;:;;;;;;;;;;;;;;;;;;. personally known to me m plooed1t:rmlTOl'rttte'basis of satisr~ to be the person(s)_whose name __ -,-i "'6 ________ _ subscribed to the within instrument, as the Attorney ____ in fact of Noreen E. Jones .--; ., ~ @'OfFICIALSEALI' --MARGUERITE $, GLASCOCK t •• HOIaly Public-california 1, : , 5, SMtTACIIUZCOUNTY ~ [: :; .' My Cmle ~. 1~~':'.,Ji and acknowledged to me lha' he subscribed Iha narne __ of Noreen E. Jones thereto as Prin~pal_.ndhis Qwnna22me, ~SA ey "nfact. Sign~~.Lt&.,,;:6 _____ ~ awrt~? m L-__________________ ~ '. STATE OP CAI.TEPRNTA ) ) 55: County of SACRAMENT9 ) Ort this __ ....!:2!'n':!d'--. ______ ...aday of ~A"p'-'r"'i'-'1'--_________ 19 90 , before me _____ C~yn_th_ia_M_._E_s_b_o_n_a _____________________ ,aNo/(J;ryPublic, personally appeared Sharon J. Ru~.orii personally known to me (orproued to mean tile basis of .,acisfactory evidence) t.::; b~ r;'p A ttamey·in·Pact of the INSURANCE CCMPANY OF THE WEST and acknowledged to me tllat ke subscribed tlie name of th" INSURANCE CCMPANY OF THE WEST thereto alld his own name as Attorney·ill·Pact. 30272 O!1l1ICIAL SEAL CYNTHIA M. ESBONA NOTARY PUBLIC· CAUFORNIA SACRAM=NTO COUNTY My Comm. Ei<pi"" Moy3. 1991 , State of CAL I FORNIA 3·85 ., . ,,' '", . , Labor and Mat~rial Bond Page 2 And the said S~rety. tor v~lue ~ticeived, he~~by stipulat~s. and &gr~es cha~ no cn~nge, Gxrens10n of t1m~, alteration or addi~ion to ~he ter~s or end contract or ~o the work to be performed th~reunder or the ~pecieications accompanying the same shall in any wise affect it~ obligations on this bond, and it does hereby ",aivl) notice of any such ehause, extension of time. alter- ation or addition to th~ terms of the concr&C~ or tQ the ",ork or to ehe speci- fic.a t io os • IN WtTNESS WHEREOf. ~his ir.strumenc has been duly executed ~O ~h~ Principal and Surety this 2nd day of' April , 19 • (To be signed by Principal and Sure,y. Nocary aekno~led~ments requ1re~.) INSURANCE COHPM'Y OF TIlE liEST ",----~-.--.---Surecy IlYt;' ~..£~e~~ AJ;torney-~~== iiharon • The above bon~ is accepted and approved this _______ ,day of '. 6/11/85 '., INSURANCE COMPANY.OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thot INSURANCE CQMPANY OF THE WEST. 0 Corporotion duly authorized and existing under the laws of the Stat .. of California and having its principal office in the Ci~V of San Diego, California. does hereby nominate, constitute and appoint: SHARON J. RUSCONI its true and lawful Attorney(s)-in-Fact" with full powltr and authority hereby conferred in 'its -name, place and stead, to execute, s.Bol, acknowledge and deliver any and all bonds. undertakings, recognizances or other written obligations in, the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authori ty of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution ,has nqt been amended or rescinded and of which the following is a true I full, and complete copy'; " "RESOLVED: That the Pres;'dent or Secretary may from time to time appoint Attorneys-in- Foct to represent and act for and on behalf of the Company , and either the President or Secretary. the Boar-d of Directors or E¥8CUti"8 Convriittee may at' any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bands and undertakings as the business of the Company may require. and any such bands or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed ond attested by the Secretory." IN WITNESS'WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unta offixed and these presents to be signed by its duly authorized officers this 2ND DAY OF JUNE 1988 ... INSURANCE COMPANY OF THE WEST STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: On this 2ND DAY OF JUNE 1988 befare the subscriber, a Notary Public af the Stote of California, in and for the County of San Diego, duly conmissioned and qualified, came BERNARD M. FELDMAN, Pr.esident af INSURANCE COMPANY OF THE WEST, ta me persanally known to be tho individual and officer deSCribed in and who executed the preceding instrument, and he acknawledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is ·the said officer .of the Carp oration aforesaid, and that the saal affixed ta the preceding instrument is the Corporate Seal af the said Corporatian, and that the said Corporate Seal and, his signature as such officer were duly affixed and subscribed to the said.instrument by the authoritY'and directian of the said Corporatian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seol, at the City of San Oieg,o" the day and year first above. wri tten. OFfiCIAL SEAL NORMA PORTER . NOTAR'n~UUllC. CALlFO~A : • PRINCIP~L OFFIOf IN • SAN OIECO COUNTY M~ Comml~~lon Eap. J.tnloMry I, JIlIN STATE OF CALIFORNIA COUNTY OF SAN DIEGO. ,~: I, the undersigned;.,JAMES W. AUSTIN, III, Secretary af INSURANCE COMPANY OF THE WEST, do hereby certify .that··the ariginal POWER OF ATTORNEY, af which the foregoing is a full, true ,md correct copy, is in full force and effect, and hos ·nat been revoked. IN WITNESS WHEREOF,· I have hereunto' subscribed my Carparate Seal of the Corporation, this 2nd 'day of ICW CAL 37(REV. 5/87) name as Secr~tarv, and affixed the April 19 90 Secretary /' TRACT AGREEMENT VILLA MARIA CT./RAINBOW rus AGREEMENT, made and entered into this 19th day of December , 19--B1L, by and between the CITY OF OJPERl'lNO, a municipal corporation of the state of california, hereinafter designated as CITY, and RONALD W. JONES & NOREEN E. JONES; CHARLES N. PERRY, JR. & SHERRALYN PERRY hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to suJ:xlivide 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 8126 CUpertino, california, hereinafter designated as the "Tract1" and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hElreby approves the improvement plens and specifications prepared for the Tract by CIVIL ENGINEERING ASSOCIATES , a true copy of said improvement plens 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 full1 NCW, THEREFORE, said improvement plens and specifications shall be hereinafter called the "Plens," and the work to be done under the Plens shall be called the ''Work.'' Page 1 , . , · WHERFlIS I pu:t'SUaIlt to the provisions of this AGREEMENT, the CITY hereby established the am:JUnts of Bon::ls, Fees, and Deposi~ as set forth in the following schedule: SCHEIlJI.E OF OONl:S, FEES AND DEEOSrrs PARI' A. Faithful Perfornance Bond: ONE HUNDRED THIRTY THOUSAND AND 00/100 DOLLARS PARI' B. labor and Material Bond: ONE HUNDRED THIRTY THOUSAND AND 00/100 DOLLARS PARI' C. Checking and Inspection Fee: SIX THOUSAND FIVE HUNDRED AND 00/100 DOLLARS PARI' D. Indirect city Expenses: NINE HUNDRED SEVENTY FIVE AND 00/100 DOLLARS PARI' E. Map Filing Fee': ONE HUNDRED TEN AND 00/100 DOLLARS PARI' F. DeVelopment Maintenance Deposit: THREE THOUSAND AND 00/100 DOLLARS PARI' G. stoJ:m Drainage Fee: FIVE THOUSAND ONE HUNDRED EIGHT AND 00/100 DOLLARS PARI' H. One Year Power O:lst: ONE HUNDRED EIGHT AND 00/100 DOLLARS PARI' I. street Trees: PARI' J. Park Fee: Zone II, 480-0000-416-022 THIRTY SIX THOUSAND FIVE HUNDRED NINETY AND 00/100 DOLLARS PARI' K. water Main Extension De:posit: PARI' L. Maps and/or I:mprovenvant plans: By DEVEIDPER As described in Item 23 Page 2 $130,000.00 $130, 000.00 $ 6,500.00 975.00 $ 110.00 $ 3,000.00 $ 5,108.00 108.00 BY DEVELOPER $ 36,590.00 N/A NCW, THEREFORE, rr IS HEREBY MO'IUALLY AGREED by and between the parties hereto as follows, 'IO WIT: 1. INSTALlATION OF WJRK It is further agreed that: A. The DEIIELOPER shall install and complete the Work within one (1) year fram 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 DEIIELOPER 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 fram the DEIIELOPER or the DEIIELOPER I S surety or both. B. The DEIIELOPER shall install and complete the Work in a good and worJonanlike manner in a=rdance with the Plans as approved by the City Engineer of CUpertino. The Work shall be performed under the inspection and with the approval of the City Engineer. The Work shall be done in a=rdance with the existing ordinances and resolutions of the City of CUpertino, and in a=rdance with all plans, specifications, standards, sizes, lines and grades approved by the city Engineer. The Work shall be done in a=rdance 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 a=rdance with the most =ant StandaJ:d Specifications of the Department of Rlblic Works, California Department of Transportation, state of California, and in a=rdance 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 Rlblic 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 an::l/or the CUpertino sanitary District, the specifications of the CITY an::l/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 DEIIELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit fram the city Engineer before the conunencement 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 DEIIELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. Page 3 3 _ QUITCIAIM 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 from the undexground strata lying beneath said project and DEVELOPER agrees to execute a "'Quitclaim Deerl and Authorization" in favor of CITY, when presented to him for signature. 4. OONIS AND OI'HER SEaJRITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful perfonnance bond to assure his full and faithful perfonnance of this AGREEMENT. 'The penal sum of said faithful perfonnance bond shall be the full cost of arrj payment to be made under this AGREEMENT, the value of arrj 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 perfonnance, 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 arrj payment, or arrj 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 Cede 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 arrj payment, or arrj dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bom, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on arrj security deposited with the CITY. Page 4 5.· CHECKING AND INSPECrION FEE It is further agreed that DEVEIDPER shall pay any am all necessaxy diIect expenses for inspection, checking, etc., incu=ed by CITY in connection with said Project, am that DEVEIDPER shall have deposited with CITY, prior to execution of this AGREEMENl', 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 DEVEIDPER of any additional sum due am owin:J as a result thereof. 6. INDIRECr EXPENSES It is further agreed that DEVEIDPER shall pay to CITY, prior to execution of this AGREEMENl', indirect expense allocable to processin:J these .iJrprovements, the amount as set forth herein at Page 2 (Part D) . 7. MAP TILING FEE It is further agreed that the DEVEIDPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map am field checking of street mol1llI\1eIlts, 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. DEVEIDPMENl' MAINTENANCE DEK\SIT 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 maintenance deposit to insure proper dust control am cleaning durin:J the construction period. The development maintenance deposit may be utilized for repairs of defects am .iJrperfections arisin:J out of or due to faulty workmanship and/or materials appearin:J in said work durin:J the period until release of the .iJrprovement bonds by the CITY. Should the DEVEIDPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the .iJrprovement bonds. 9. STORM DRAINl\GE FEE It is further agreed that the DEVEIDPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage chaIge in connection with said Project in a=rdance 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 rovIER a:sr It is further agreed that the DEVEIDPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part H), which amount represents the power cost for street lights. for one year. 11. THE INSTALIATION OF STREEl' TREES It is further agreed that the DEVEIDPER shall, at such time as deemed appropriate by the City Engineer, plant ·street trees in confonrance with the staOOards 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 ~PER shall pay such fees and/or dedicate such land to the Cl'l.Y, 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 ADJUS'IMENT PROVISIONS '!he value of the land used in establ.ishing the "Park Fee" outli.ne:l herein on Page 2, Part J, requires foi::Iral confil:mtion. '!he CITY_ shall ewpJ.oy a qualified local appraiser to provide a market value of the land. '!he city will calculate the "Park Fee" based on the appraisal. fue Developer agrees to pay for arw 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 suJ:division :iJnprovernents. 13 • Ml\.IN'I'EN7INCE OF WORK It is further agreed that the DEVELOPER 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 confom to the Plans and the Cl'l.Y standards and specifications for . the Work, whichever is the later to occur. '!he DEVELOPER shall, upon written notice thereof, .innnediately repair or replace, without cost or obligation to the City of CUpertino, and to the entire satisfaction of said CIT'l, all defects and :iJnperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DIS'mIcr It is further agreed that the DEVELOPER shall file with Cl'l.Y, 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 se.tVe all lots within said Project and stating that a boIXi to insure full and faithful perfOl:l11aIlce of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in confonnance with the proVisions as set forth in Paragraph 13 above has been filed. 15. WSINESS AND PROFESSIONS mDE It is further agreed that DEVELOPER shall file with Cl'l.Y, upon execution of this AGREEMENT, substantial evidence that all previsions of section 1l603, Article 8, Chapter 4 of the Business and Professions Code, pertaining to special assessments or bonds, have been complied with. 16; CENTRAL FIRE DIS'mIcr It is further agreed that the DEVELOPER shall file with the Cl'l.Y, upon execution of this AGREEMENT, a letter from the Central Fire l?rotection District of Santa Clara county, stating that the DEVEIDPER has entered into an AGREEMENT with said District to install fire hydrants to Se.tVe said Project and stating that all necessa:ry fees have been deposited with Said District to insure installation and five (5) year:rental fee of said hydrants. Page 6 17. STREEl' LIGHTING -P.G.and E. :RATE SC!iElJJI.E SHALL APPLY It is further agree:'! that the DEVEWPER shall apply for the installation of electric p:!Wer for street lighting at the earliest date possible. ' lB. PACIFIC Gl;S AND EIECl'RIC/pACIFIC BELL It is further. agree:'! that the DEVEWPER shall pay to Pacific Gas and Electric Company aOO/or to PACIFIC BELL arrJ and all fees required for installation of ovemead aOO/or ~ wiring circuits to all electroliers within said property and arrJ and all fees required for undergroun:1.ing as provided in ordinance No. 331 of Cl'lY when DEVEIDPER is notified by either the city En;)"ineer or the Pacific Gas and Electric Company aOO/or PACIFIC BELL that said fees are due and payable. 19. FASEMENl'S AND RIGHl'-<lF-WAY It is further agree:'! that arrJ easement and right-of-way necessary for completion of the Project shall be acquired by the DEVEIDPER at his C1n'll cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the Cl'lY for the purpose of securing said easen¥imt and right-of-way, that the DEVEIDPER shall deposit with Cl'lY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allCWcU'lce for severance damages, if arrJ. 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 Ill'IICI1.mts as the Cl'lY may require shall be deposited with the City of CUpertino. 20. HOID HARMIESS It is further agree:'! that, commencing with the performance of the h'ork by the DEVEWPER or his contractor and continuing until the completion of the maintenance of the Work as provided in Paragraph 13 above, the DEVEIDPER shall indemnify, hold harmless and defend the Cl'lY from and against arrJ or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in arrJ way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVEWPER or the DEVEWPER I S agents, employees and independent contractors. 21. INSURl\N'CE It is further agree:'! that: '!he DEVEIDPER shall take out, or shall require arrJ contractor engaged to perfODll the Work to take out, and maintain at all times during the perfonnance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the Cl'lY 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 inju:ty and property damage coverage to the foregoing named Cl'lY and individuals covering all the Work perfonned by, for, or on behalf of said DEVEWPER. Both bodily inju:ty and property damage insurance must be on an occurre.nce basis; and said -policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full Page 7 ,limit-of liability stated in the declarations, and if the City, its members of the City council individually and collectively, and the off;icers, agents, and employees of the C!'l'i:!', individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. \ A. Fach of said policies of insurance shall provide coverage in the following mi.n:iJm.nn amounts: For lx:dily injmy, $100,000 each person~ $300,000 each occurrence, property damage, $50,000 on account of arr:J one oc:currence with an aggl:."e;late limit of not less than $200,000. B. The DEVELOPER shall file with the city Erqineer at or prior to the time of execution of this AGREEMENl' by the DEVELOPER such evidence of said foregoirq policy or policies of insurance as shall be satisfactoJ:y to said City Erqineer. Each such policy or policies shall bear an errlorsement precludin;J the cancellation or redUction in coverage without giving the city Erqineer at least ten (10) days advance notice thereof. C. In the event that the project covered herein should be IllUtual1y situated in or affect the area of jurisdiction of a separate IllUnicipality or political subdivision of the state of california, the policies of insurance required herein and above shall co-name such IllUnicipality or political subdivision and the provision set forth herein and above for the protection of the CI'lY shall equally apply to IllUnicipality and political subdivision. 22. WATER MAIN Elcr'ENSION ~rr The DE.VELOPER furthe:r agrees to deposit with the CI'lY those monies required to comply with "Policy on water Main Extensions Work and Deposits" dated September 9, 1977. '!he deposit shall be held by the CIT'[ 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 PARI' K, Page.2 shall be the full amount due. 23. MAP AND/OR ~ PIANS It is furthe:r agreed that the CIT'[ shall obtain the followirq map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and thirteen (13) prints of fully executed tract map. B. A mylar sepia and ten (10) prints of fully exeouted improvement plans. C. A direct duplicating silver negative :microfilm aperature card of all executed improvement plans and map. The DE.VELOPER· agrees to pay the CI'lY :from the development maintenance deposit the, cost for all prints of plans and map required under Item 23. Page 8 (Individual) t STATE OF CALIFORNIA }ss. COUNTY OF Santa Crllz On November 22, 1 ~88 before m., Ih. oodor. signed. a Notary Public in and for said State. personally aPJ)Cared --Charles N. Perry, Jr. and Ronald W. Jones-- personally known 10 me (or proved 10 me on the b3sis of satisfaclory evidence) 10 be the person(s) __ whose name ubscribed 10 the within inslrument and acknowledged thai -.uIeJ!L-~-- :-:-:=_=_--:-_-:---:;>:"",~exccuted the-samc. WITNESS my hand d of 'al scal. Si8natur . .r:::.::::Jb:1:::d======:2~~::~ __ _ STC61' Nam. (Typod or Printed) : .' T. W. PERSHALL , I Q' ' NOTARY P1,I$1.,1C "-CALIFORNIA @ OFFICIAL S!!:A1.. , ~,.,. "'. BOND Fll..EO ,.,.~~. IN flANiA cftU% OoUMTY )IV C"CMMIGBION II:X"In~1:I MARctt lta, IOOJ (This IU'U for olllelal noIatiel •• 1) " '\ .. (Attorney in fact) t w ~ W X ... .J .. < .. ~ ~ STA TE Of CALIFORNIA COUNTY OF Santa Crllz } 5$, On November 22, 1988 before me. the undersigned, o'l Notary Public in and fOf s.aid Slate, personally .ppe.red Rona 1 d W: Jones known to me (or proved to me on the baSIS of satisfactory evidence) 10 be the perso~ whose name ; S subscribed (0 tht wilhin instrument, as the Attorney __ in fact of Noreen E ,Jones • and acknowledged 10 me that _-,hlle,,-__ subscrjbed the name __ of her and_.Jb].~i.5S __ ---,own narne __ as Auorney __ in fact. WITNESS my h.nd .? STC ()9 Name (Typed or Printed) OFFICIAL SI!:AI. T. W. PERSHALL NOTARY puauc • CAl.IFOl'Un" BONO FI!.t'O IN SANTA CRUZ COUNTY MY eOI-!HIS!UCN l:ltFIRCS ~IARCH a::.. 1001 t • \;;"'" t ....... ..,,4' 'd..;,\;., ............................ ...., (This Drea for official Mtarial seal) • ,. (Attorney in Fact) t w • " x W .J .. < lii STATE OF CALIFORNIA Sant a Cruz }ss. COUNTY OF On November 22, ]988 before me, the undersigned, a Notary Public in and for said Slate. personally appeared .char] es N Perry. ,1 r known to me (or proved to me on the basis of satisfactory evidence) to be the perso~ whose name ; S subscribed to the within instrument, as lhe Attorney __ in fact of Sherralyn Perr.l'--. and acknowledged to me that _-<h"e=-__ subscribed the name __ of her and hi S own name--8S AUorney __ in fact. WITNESS my hand a Signature STC 69 Name (Typed or Printed) (Thi' .s:rco tor official nOliiulal 'SC1l1) ........... • 24-, TERMS AND CONDITIONS ,It is further agreed that the above named teJ::ms and conditions for the said Tract shall b:in:i the heirs, successors, administrators or assigns of the DEVEWPER. '!he assignment of this AGREEMENT shall not be made without approval by the City Council of said CIT'[. \ IN WITNESS WHEREOF, CIT'l has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written, CIT'[ OF aJPERl'INO: Notary AcI<:nowledgment Required. Page 9 (Rev. 3-1986) DSI/EVERETT W. STARK & CO. 2190 STOKES STREET 11103 JOSE, CA ~512a , ) JIM UNTIEDT (408) 2~4-410& THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATiON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEATIACATE DOES NOT AMEND. EXTEND DR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LETTER COMPANIES AFFORDING COVERAGE GLOBE INDEMNITY COMPANY (ROYRL) ~~==~--------------------------------4 COMPANY B INSURED LETIER REPUBLIC INDE~lNITY KLASSEN TRACTOR, INC. 16295 SODA SPRINGS RORD LOS GATOS, CA 95030 COMPANY C LEITER COMPANY D LETTER E THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM DR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOAll THE TERMS, EXCLUSIONS, AND CONDI· TIONSOF SUCH POLICIES. LIMITS SHO.JN t'lAY HRVE BEEN REDUCED BY PAID CLRIMS TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY G]CCCU,",NCE GYAD79550 IMIIER'S & COIITRACTORS PROTECllVE LIABILITY ANY AUTO All OWNED AUTOS =:;:_,._ LlABILJTY OTHER THAN U,'3RELLA roRM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY GYAD79550 PC'l87532 POLICY EmCTM: DAlE (MWOOffY) ALL LIMITS IN THOUSANDS 11/19/88 11/19/89 11/19/88 11/19/89 11/4/B8 11/4/8') DESCRIPTION OF OPERA TlONSILOCATIONSIVEHICLESIRESTRICTIONSISPECIAl ITEMS CITY OF CUPERTINO, ITS RGENTS, OFFICERS AND EMPLOYEES AHE NAP1ED AS RDDITIONAL INSUREDS AS ITS INTEREST MAY APPEAR AS RESPECTS ALL CRLIFORNIA OPERATIONS FOR THE NAMED INSURED. CITY OF CUPEHTINO PUBLIC .lORKS DEPT. 10300 TORRE RVE. CUPERTINO, CA. 95014 PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE SUCH NOTICE SHALL IMPOsE NO OBLIGATION OR OR REPRESENTATIVES. W. STARK AND CO. INSURED: KLASSEN TRACTOR, INC, POLICY NUMBER: GYAD 7955010 INSURANCE COMPANY: GLOBE INDEMNITY COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or organization: CITY OF CUPERTINO PUBLIC WORKS DEPT, 10300 TORRE AVE, CUPERTINO, CA, 95014 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement, ) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you, CITY OF CUPERTINO, ITS AGENTS, OFFICERS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED AS ITS INTEREST MAY APPEAR AS RESPECTS ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED. CG 20 10 U 85 Copyright Insurance Services Office, Inc., 1984 STATE OF CALIFORNIA 55 '. COUNTY OF -.ii'.~~~:!L_ ::z:s:c:caw:.eJtluu:m.mu~'UI'WUU!l! 5~' .' JOANNE MAUSETH !l 8 :~.,; , NOTARY PUElLIC.cALIFORNIA§ 1i' ~'." PAINCIPAL OFFICE IN !! iI ,',. SANTA CLARA COUNTY = I My Commi:mon Expires May t7. 1991 ii • '9" '31Wlt ........ UA;alUlUttJllUlmi lew Car 3t5R(04/86) On this ~ day of November undersigned Notary Public# in and appeared Christie Piert , in the year 1988 • before me, the for the State of California, personally personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney~ In-Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Given under my hand and the Notary Seal this ~ day of A,D. 19 -'.8..'-8 __ November My Commission expires _-,MC!a=!i--=1:.:7~'L.:l,,9::.9=1 ___________ _ " (Individual) . 1 STATE OF CALIFORNIA } 5S. COUNTY OF Santa Cruz On November 22. 1988 berOTe me •• he unde, • si8ned~ a Notary Pubtic in and for said State, personally appeared --Charles N. Perry, Jr. and Ronald W. Jones-- personally known 10 me (or pro'Vcd to me on che basis or satisractory C\lidence) to be the person(s) __ whose names.....a.I:9ubscribed 10 the within instrument and 8ck ledged thai -ctl;.!1bAle!:lyl--,:=:::::c----:::-:-== __ --:-----r-tJr: led the same. WITNESS my hand an official s 1. ;;; 7 STeer Name (Typed or Printed) (Tbll iItn for oMelal nolarlal teal) ... (Attorney in Fact) t .. "" w 'x w oJ .. . '" ~ ~ ~ STATE OF CALIFORNIA Sant a Cruz } 55. COUNTY OF On November 22. ]988 before me. the undersigned. a Notary Public in and for said Stale, personally appeared Char] es N Perry. .lr . known (0 me (or proved 10 me on the basis of satisfactory e\'iden~) (0 be [be perso"-whose name is subsctibed to the within instrument, as the Auorney __ in fact of Sherra' yo Perry-- and acknowledged 10 me tbat be subscribed the name __ of her and his own name __ as Attorney __ in fact. WITNESS my hand SlC 69 Name (Typed Ot Printed) OFFICIAL SEAL T. W. PERSHALL 'NOTARY pueLIC ~ CAt .. IFORNIA. ElONO F1LEO IN SANTA CRUZ COUNTY ,.,y ~~,..,ou EXPIRes NARCH 22. fPBI (Thilllrca 'or officl.1 notarial stal) '. (Aflorney in Fact) t -w '" '" :z: '" .J ~ ~ ~ <II ~ STATE OF CALIFORNIA COUNTY OF S"nt~ CruZ }ss. On November 22. 1988 before me. the undersigned. a Notary Public in and (or said Stat~. ,.non.lly."",red Rona 1 d 14.. Jones known to me (or proved to me on the basis of satisfactory e"idence) to be tbe person __ whose name is subscribed to the within instrument. as the Artorney __ in fact or Noreen F ,Jones . ____ ~---------• and acknowledged to me that _Lbtte:-__ subscribed the name __ of her and_.Jhl.)l.· SS ___ ,own name~s Attorney __ in facl. WITNESS my hand a Signat l.'!:::;~~~=~=:::::~=====~E~;L'--- STC e.~ Name (Ty,ed or Printed) -' OFFICIAL S\!III. • o. T. W. PERSHAll: ; t:Ji, ~OTARV PUBLIC ~ cM .. I,.nnNI( • " SONO FILEO : ' ' -IN SANTA CRUX (:ourlW MY C::OM:MtOlilIOt4 I!:J(,PIRES MARCH u. ffl.§1 (This area {or cflk:lat notarIal sean " ~OND EXECUTED IN DUPLICATE Bond No. 04 74 78 ANNUAL PREMIUM $ 3,100 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE, RONALD W. JONES & NOREEN E. JONES; CHARJJES N. PERRY, JR. & SHERRAI.YN PERRY as PrinCipal and Insurance Company of the west as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of One hundred thirty thousand --------------------------- -------------Dollars ($130,000.00 *** ) 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 8126 located Vil7a Marja Ct,lRaiqP~o~wu,~c~u~p~e=r~t~i~n~o--------~~--~~Tr~~~~~~~~~ in accordance with the approved improvement plans prepared by Civil Engineer~ng ASsoc~ates __ ~~ __ ~~~-=--~--_.~~~--~~--~~----~------~~------~~~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 Surety this 29 day of __ N_o_v_e_mb __ e_r ________ _ (To be signed by Principal and Surety. Notary Acknowledgments Insurance Company of the west required.) By: Attorney-in-Fact Christie Piert The above bond is accepted and approved this ____ day of 19 6/17/85 .' BOND~EXECUTED IN DUPLICATE Bond No, 04 74 78 LABOR AND MATERIAL BOND c\ KNOW ALL XEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and RONALD W. JONES & NQREEN E. JONES; CHARLES N. PERRY. .JR. & SHERRAr.YN PERRY 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 ________________________________ _ Insurance Company of the West 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 P~incipal or by an,! othe;_E:;=on. in the just and full sum of one hundred th~rty thousand do lars 130,000.00 ******** 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. STATE OF CALIFORNIA COUNTY OF .3"IIlta Clara CiI!l:tWitillSitZlm:;nnu!lUJllUtllJIlallDUU"';UJI, '5~'" JOANNE MAUSETH § !!'. .; NOTARY PU8.LIC-GALIFORNIAii 5i ~~ • PRINCIPAL OFFICE IN ! ~ ':. SANTA CLARA COUNTY i iCU'"'"'~:.;:~:~::t!:r;=,::,~,:;;.~.i lew cal 3'SR(04/BG) ss o h' 29 f November. 1988 ntiS ___ day 0 ______ ...... ____ I m the year ____ ~ before me .. the undersigned Notary Pqblic",in and lor the State of California, personally appeared Chr~st~e r,lert; personally known to me (or proven to me on the basis of satisfactor; evidence) to be the person who executed the written instrument as Attorney- In·Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Given under my hand and the Notary S •• I this ~ day 01 November A.D. 19 ->8",8,--_ My Commission expires ~~ Notary Public Joanne Mauseth <Individual) . t STATE OF CALIFORNIA }ss. COUNTY OF Santa Crllz On Novembe r 22, 1988 berOf< me •• he under. signltd. a NOlary Public in and for ~ajd Siallt. ~rsonally ap~artd --Charles N. Perry, Jr. and Ronald W. Jones-- ~nonan)' known to mit (or proved to mit on tht bMis of satisfactory evidmclt) to be thlt ~rson(sL-whose nameS--al:eubscribed 10 tht within instrument and aeknowltdgtd that -tub~e!:l;lil:'----- ____ .......... ---.,---,,.L e uled the samlt. WITNESS my hand a .. ? Signatufe,c:~;~~::::;::j=====::;jFZ~::""_ STeeT Name (Typed or Pfint~) OFFICIAl. SI'!Al. . T. W. PI!IlSHALt: ~,if_IJj~~:O&f'I;[~"'i~' "Oi'IroRY pueLIC • C::ALIFO~f41111. '~;.. ~J BOND FILED ' •. ,,~.. IN SANTA CRUZ COUNTY MY c:OMMI.IIOf4 P"I,,1l3 ..... RClt U. ,,01 (11d •• rca ror olft"'.1 notari.' •• 1) (Altorney in Fact) t STATE OF CALIFORNIA Sant a Cruz } $S. COUNTY OF On November 22, 1988 before me, (he undersigned. a Notary Public in and for said State. personally appeared Cha rl es N. perry. tlr known (0 me (or proved to me on the basis of satisfactory evidence) 10 be the person __ whose name is subscribed to the within instrument, as the A.Uorney __ ~ in fact of Sberra' yo perry __ and acknowledg.ed to me that be subscribed the name __ of her and b j s own name __ 3s Attorney __ in fact. Signature (,._==If:;====-~ _____ ,,\::::;;:::' ____ _ STC 89 Name (Typed or Printed) OFFICIAL SV.L T. W. PERSHALL NOTA.RY ,"veLie· cALIFOtml1l. BONO FILED • , tN SANTA CRUZ. COUNTY MY CC"'M1SSION axP1R£6 M"RCf( Z2:, t99f (ibis arta ror officill notarial seal) (Attorney in Fact) t w ~ w % w .J • < to STATE. OF CALIFORNIA COUNTY OF Santa Crllz On November 22, 1988 } ss. before me. Ihe undersigned. a NOlary Pub1k in and fot said Stale, personally appeared Ronal d Iii; Jones known to me (or provcd 10 me on the basis of salisfaclory eIIidence) 10 be the perSOIl-whose name is subscribed Lo the within instrumenl, as the Atlorney __ in fact of Noreen E ,Jones and acknowledged to me that he subscribed the name __ of her and h j S own name __ as AUorney __ in fact. Signature(=~E~~;;;;;;;:;;;j~====~~:::::~~L_ SiC 69 Name (Typed Or Printed) ~-. • • -•. OFFICIAL. 5!!:AL. " • T. W. PERSHALl: . ~. • "orARY puaL.lC:: • CALIFORNtA. , tb.. BOND FIL.ED . ~ IN SANTA CRUZ COUNTY ~;"'=~MMIS$ION E)(.pIRES ,.t,A.IlCH '12. lUI ""~- (This area for offtcia' nOlarial !!Cal) .. t~ , .' • 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 duly Principal and Surety this 29 (To be signed by Principal and Surety. Notary acknowledgments required.) Insurance Company of the west Surety BY:~~ Attorney-in-Fact .~ Christie Piert : j" The above bond is accepted and approved this ____ day of ___________________ , 1, ____ , 6117/85 . ' • INSURANCE COMPANY OF THE WEST HOME OFFICE, SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a Corporation duly -"uthorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: CHRISTIE PlERT JOANNE M. MAUSETll CHARLES GRISWOLD its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute1 seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLYED, That the President or Secretary may from time to time appoint Attarneys-in- Fact ta represent and act far and on behalf of th" Company, and e1 ther the President or Secretary, the Board of Directors or Executive COlmlittee may ot any time remove such Attorneys-in-Fact and revoke the Power of Attarney given him or her; and be it further RESOLVED: That the Attorney-in-Fact may be given full power ta execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this 13TH DAY OF JUNE 1988. STATE OF CALIFORNIA $, COUNTY OF SAN DIEGO INSURANCE COMPANY OF THE WEST On this 13TH DAY OF JUNE 1988 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution o~ the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the corporation a~oresaid, and that the seal affixed to the preceding instrument is the Corporate Seal af the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Carporation. IN WITNESS WHEREOF, I have hereunta set my hand and a~fixed my Official Seal, at the City of San Diego. the day and year first above written. OFFICIAl. SEAL NORMA PORTER t~O':Aqy PUBLIC· CALIFORNiA PR!NCIPAl OFFlCE IN SAN OIEGO COUNTY My C(l!nmj~$!on ElP Janu,ry 8, 1,. STATE OF CALIFORNIA COUNTY OF SAN DIEGO $: I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a ~ull, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, 9IAd a~fi)(ed the Corporate Seal of the Corporation, this 29 day o~ November 19 ICW CAL 37(REV. 5/87) ~w,