89-147 Improvement Agreement Southeast corner Homestead/Blaney, Reso 7965 APN 316-03-038 Cit,{ of Cuperti»o
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
Navember 14, 19,89
Homestead II Associates
c/o Imwalle Stegner Development
169 West Santa Clara Street
San Jose, CA 95113
IMPROVEMENT AGREEMENT - .Southeast Corner Homestead/Blaney
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Homestead II, Associates, A
California General Partnership, which has been fully executed by City
Officials, along with one .(1) .copy of Resolution No. 7965, which was
enacted by the City Council of the City of Cupertino, at their regular
meeting of Monday, November 6, 1989.
Sincerely,
e.
DOROM Co S
CITY C ZMK
CITY OF CUPERMO
DC/so
encl.
cc: Department of Public Works
r
,y
RE'SOWTION NO. 7965
A RESOLUTION OF TfiE CITY couNCIL OF THE CITY OF CUPERTINO
APPROVING FINAL PLAN FCR UM IMPROVEMENT OF FRONTAGE
LOCATED AT = SCR7MEAST CORNER OF HCHESTEAD ROAD AND
BLANEY AVENUE; DEVEWPER, HOMESTEAD II ASSOCIATES, A
CALIFCRriIA GENERAL PARINERSf MP, AUTHORIZING, UM CITY
ENGINEER TO SIGN UM FILL PLAN; AND ALM10RIZING
EXECUTION OF AGREEMENT IN CONNECTION THEREWITH
WHER AS, there has been presented to the City Council for approval of
the final plan for the improvement of street frontage located at the
southeast corner of Hanestead Road and Blaney Avenue by Homestead II
Associates, a California General partnership; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, gutters, sidewalks, and
for other improvewnts, and good and sufficient bonds, fees and deposits
as set forth in Exhibit "A", having been presented for the faithful
performance of said work and the carrying out of said agreement; and said
plan, agreement, and bonds having been approved by the City Attorney;
NOW, . TMUMKM, BE IT RESOLVED that said final plan for the
iROrovement of street frontage at the southeast corner of Hcmestead Road
and Blaney Avenue be and the same is hereby approved; and the City
Engineer is hereby authorized to sign said final plan; and the Mayor and
City Clerk are hereby authorized to execute the agreement herein referred
to in behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 6th day of November , 1989, by the
following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ John J. Plungy, Jr.
City Clerk Mayor, City of QVe-+-lm
r
RES0TI CN NO. 7965 '
EXEY= "All
SCBE OF BOND, FEES AND DEPOSITS
DEVELOPMENT: COMMERCIAL
HOMESTEAD II ASSOCIATES, A CALIFORNIA GMM?AL, PAR MERSHIP
LOCATION: SOUTHEAST CORNER OF HOMESTEAD ROAD AND BLANEY AVENUE
A. Faithful Performance Bond: $ 17,098.00
SEVEN= THOUSAND NINETY-EIGEU AND 00/100 DOLLARS
B. Labor and Material Bond: $ 17,098.00
SEVIIVTEE'N THOUSAND NINETY-EIGHT AND 00/100 DOLLARS
C. Checking and Inspection Fee: $ 1,026.00
ONE THOUSAND 'TWENTY-SIX AND 00/100 DOLLARS (Off-site)
$ 1,931.00
ONE THOUSAND NINE HUNDRED THIRTY-ONE 00/100 DOLLARS (On-site)
D. Indirect City Expenses: $ 154.00
ONE HUNDRED FIFTY-FOUR AND 00/100 DOLLARS
E. Development Maintenance Deposit: $ 500.00
FIVE HUNMM AND 00/100 DOLLARS
F. Storm Drainage Fee: $ 613.00
SIX HUNMM 'IST AND 00/100 DOLLARS
G. One Year Power Cost: N/A
H. Street 'Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: N/A
K. Water Main Extension Deposit: N/A
L. Maps and/or Improvement Plans: As specified in
Item 23 of agreement
t
AGREEMENT
SE CORNER HOMESTEADIBLANEY
APN # 316-03-038
This AGREEMENT made and entered into this 6th day
of November , 19 89 , by and between the CITY OF
CUPERI'INO, a municipal corporation of the State of California, hereinafter
deSignated as CITY, and HOMESTEAD II ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY for a
BUILDING PERMIT
,.to construct and'maintain a RETAIL BUILDING
hereinafter referred to as "Project."
CITY hereby approves the improvement plans and specifications
prepared for the Project by MISSION ENGINEERS, INC. ;
a true copy of which improvement plans and specifications are on file in
the office of the City Engineer of Cupertino; and
WHEREAS, the same. are incorporated herein by reference,, the same as
though set out in full;
NOW, TARE, said improvement plans and specifications shall be
hereinafter called the "Plans," and the work to be done under the Plans
shall be called the '"Work."
#51,183.2
1
WHMEAS, pursuant to the provisions of this AGREE=, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
sa-m .TLE OF BONDS, FEES AND DEPOSITS
Street Impraveme.it Category:...
PART A. Faithful Performance Bond:
SEVENTEEN THOUSAND NINETY EIGHT DOLLARS AND N0/100 $17,098.00
PART B. Labor and Material Bond:
SEVENTEEN THOUSAND NINETY EIGHT DOLLARS AND N0/100 $17,098.00
PART C. checking and Inspection Fee:
ONE THOUSAND TWENTY SIX DOLLARS AND N0/100 (OFF-SITE) $ 1,026.00
ONE THOUSAND NINE HUNDRED THIRTY ONE DOLLARS AND NO/100 (ON-SITE) $ 1,931.00
PART D. Indirect City Expenses:
ONE HUNDRED FIFTY FOUR DOLLARS AND N0/100 $ . 154.00
PART E. Develcpnent Maintenance Deposit:
FIVE HUNDRED:DOLLARS AND N0/100 $ 500.00
PART F. Stoma Drainage Fee:
SIX HUNDRED THIRTEEN DOLLARS AND N0/100 613.00
PART G. One Year Power Cost:
N/A
PART H. Street Trees: By Developer
PART I. Map Checking Fee:
N/A
PART J. Park Fee:
N/A
PART K. Water Main Extension Deposit:
N/A
PART L. Maps and/or Improvement Plans:
As Specified in Item 23
NOW, THEREFORE, IT IS HEREBY MMUALLLY AGREED by and between the
parties hereto as follows, TO WIT:
1. DEDICATION
A. The DEVELOPER offers to dedicate the real property shown on
Exhibit "A", which is attached hereto and made a part hereof by reference.
Said dedicated property shall be free and clear of all liens or
en=nbrances except those which the CITY shall waive in writing. The
DEVELOPER agrees not to revoke said offer of dedication, and to keep said
offer open until the CITY accepts offer by resolution.
B. Upon execution of this AGREEMENT the DEVELOPER agrees to
deliver a properly executed grant dead to the CITY of the real property
described in Exhibit "A", and such other executed conveyances, or
instruments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the
city:
(1) A preliminary title report issued by a title insurance
ccupany relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance ca parry and insuring the CITY in the sin of: N/A, and
which shall show said property free and clear of all liens or
encLMbrances except those as the CITY shall expressly waive in
writing; said policy shall be furnished at the time of acceptance
of dedication and recordation of deed.
C. Upon the condition precedent that the DEVELOPER shall
perform each and every covenant and condition of this AGREDum, the CITY
agrees to accept said real property offered for dedication.
2. INSTAL=0N A' ON OF WOMC
It is further agreed that:
A. The DEVELOPER shall install and ccnplete the Work within one (1)
year frm the date of execution of this AGREEMENT, or such longer period
as may be specifically authorized in writing by the City Engineer. In the
event the DEVELOPER fails or refuses to cmnplete the Work within the
specified period of time, the CITY, at its sole option, shall be
authorized to ecnplete the Work in whatever manner the CITY shall decide.
In the event the CITY oampletes the Work, the CITY may recover any and all
costs incurred thereby. frcmt the DEVELOPER -or the DEVELOPER'S surety or
both.
B. The DEVELOPER shall install and cmPlete 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 done in accordance with existing
ordinances and resolutions of the CITY 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 hereto. 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.
3
C. It is further agreed that the Work shall be done in accordance
with the most current Standard Specifications of the Department of Public
Works, California Department of Transportation, State of California, and
in accordance with the specifications of the Cupertino Sanitary District
where applicable.
Wherever the words "State" or "California Division of Highways" are
mentioned in the State Specifications, it shall be considered as
referring to the CITY of Cupertino; also whenever the "Director" or
"Director of Public Works" is mentioned, it shall be considered as
referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY and,/or the Cupertino Sanitary District, the
specifications of the CITY and,/or the Cupertino Sanitary District shall
take precedence over and be used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation permit
from the City Engineer before the camnencement of any excavation in, on,
or under the surface of any existing public street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVELOPER shall
notify the City Engineer of the exact date arra time when the proposed
excavation is to canmance.
4. QUITCU IM D®
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 frcem the underground strata lying beneath
said project and DEVELOPER agrees to execute a "Quitclaim Deed and
Authorization" in favor of CITY, when presented to him for signature.
5. BONDS AND 0►= SECURITY
A. Upon the execution of this AGR , the DEVELOPER shall file
with the CITY a faithful performance board to assure his full and faithful
performance of this AGR . The penal sum of said faithful performance
bond shall be the full cost of any payment to be made under this
AGREE E14T, the value of any land agreed to be dedicated, arra any
improvements to be made under this AGREEMENT. In the event that
improvements are to be made under this AGUMMU, the DEVELOPER shall, in
addition to said faithful performance, file with the CITY a labor and
materials band 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 canpany authorized to transact a surety business in
the State of California and must be approved by the City Attorney as to
form and by the City Engineer as to sufficiency. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT,, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to perform
this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure
to so do.
4
B. In lieu of a'surety bond, the DEVELOPER may elect to secure this
AGREEMENT by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of Cupertino; or,
3. ' A certificate of deposit, or instrument of credit meeting
the requirements of Government Code Section 66499 (b) or
(c) -
C. The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bond. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said
security thereto.
L). 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.
6. C EECKEM AND INSPECr'ION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking,, etc., incurred by CITY in
connection with said Project, -and that DEVELOPER shall have deposited with
CITY, prior to execution of this AGREEMENT, the amount as set forth herein
at Page 2 (Part C) . Should construction cost vary materially from the
estimate from which said sum is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due w-d awing as a result thereof.
7. INDIRECT' EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to ,
execution of this AGR , indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. IAP CRECKM FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREEMENT, for office checking of final map and
field checking of street mornments, in camplianoe with Section 4:1 of
Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth
herein at Page 2 (Part I) .
9. DEVELOPMENT, MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREII M, the amount set forth herein at Page 2
(Part E) . as a development maintenance deposit to insure proper dust
control "and dleaning during the constriction period. The development
maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or materials
appearing in said work during the period until release of the improvement
bonds by the CITY. Should the IZEMOPER complete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the improvement bonds.
10. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
A. prior to execution of this AGR r, a storm drainage charge in
connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) .
11. WP.TER MIN E}MSION DEPOSIT
The L4'VELOPER further agrees to deposit with the CITY those monies
required to comply. with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CI'T'Y until said r
monies are needed to implement improvements outlined by the Director of
Public Works or improvements outlined within the adopted Water Master
Plan.
The amount shown herein at Part K, Page 2, shall be the fall amount
due.
12. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior to
execution of this AGR 4EM, the amount as set forth herein at Page 2
(Part G) , which amount represents the power cost for street lights for one
year.
13. THE INSTA,r,rnmrON OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
from the City approved list.
14. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or
dedicate such land to the CITY, prior to execution, as is required within
"Park Dedication Off" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
1.4-A. PP.RK = =7S`2MiT V__SVISICNS
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part J, requires formal confirmation. The CITY
shall employ a qualified local appraiser to provide a market value of the
land. The City will calculate the "Park Fee" based on the appraisal . The
Developer agrees to pay for any deficiency'withm thirty. (30) days and the
City agrees to refund overage within thirty (30) days. Adjustments shall
be made prior to acceptance of the subdivision improvements.
15. 19MfiI'F WCE OF MRK
It i.S tj=`t :er agreed that the DF-V=p-7R shall nue;nta.In the Work until
all deficiencies in the Work are corrected to conform to the Plans and the
City standa arra specifications for the Work. The DEVEZOPER shall, =on
writ.-ten notice thereof, ;nom;ately repair or replace, without cost or
obligation to the. city of Cupertino, and to the entire satisfaction of
said CITY, all defects and m�erfecti ons arising out of or due to faulty
workmanship and/or materials appearing in said Work.
16. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CI'T'Y, umn
execution of this AG EEMM, a letter from the Cupertino Sanitary District
stating that the DEVELOPER has entered into a separate ACRE-fM-T with the
said District to insta11 sanitary sewers to serve all lots within said
Pmj ect and statiM. that- a bond to insure full arra faithful performance of
the construction. of the said sanitary sewers and to insure aainterance of
said sanitary sewer in conformance with the provisions as set forth in
Paragraph 15 above has been filed.
17. GCVMIUZ= CODE
It is further agreed that DEVEOPER. shall file with CITY, upon
execution of this AGREE=, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Goverment Code, pertaining to
special assessments or bonds, have been ccanplied with.
18. CfSFI'fiAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this AGRMMT, a letter fr= the Central Fire Protection
District of Santa Clara County, stating that the DE'VE3= pER has entered
into an ACR= ZIJT with said District - to install fire hydrants to serve
said Prof ect arra stating that all necessary fees have been deposited with
said District to insure installation and five (5) year recital fee of said
hydrants.
19. PACIFIC GAS AND ELEC1RIC/PA=c HELL
It is further agreed that the IIEVE p.ER sha11
pay to Pacific Gas and
Electric Company and/or to PACIFIC HELL Campany any and all fees sired
for installation of overhead and/or undergroundwiring circuits to all
electrvliers within said property and any and all fees reW=ed for
UndergruUnding as Provided in Ordinance No. 331 of QTY when M--=PER, is
notified by either the City M-gineer or the Pacific Gas ani Electric
Company arJcVcr PACIFIC HEEL Cam.any that said fees are due and payable.
7 j
20. EASEMENTS AND RIGHT-OF-IWAY
It is further agreed that any easement and right-of-way neces y for
completion of the Project shall be acquired by the DEVELOPER at his own
cost and expense. It is provided, however, that in the event eminent
danaln Proceedings are required by the CITY for the purpose of securing
said easement and right-of-way, that the DEVELOPER shall deposit with CITY
a sum covering the reasonable market value of the land proposed to be
taken and to be included in said sum shall be a reasonable allowance for
severance damages, if any. It is further provided that in addition
thereto, such sums as may be required for legal fees and costs
engineeri.rsig, and. other''incidental costs in such reasonable amounts as the
CITY may require shall be deposited with the City of Cupertino.
21. HOW HARMLESS
It is further agreed that, ccmunencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the ccmipletion of
the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless
and defend the CITY frau and against any or all loss, cost, expense,
damage or liability, or claim thereof, occasioned by or in any way
whatsoever arising out of the performance or nmTerfornance of the Work or
the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S
agents, employees and independent contractors.
22. INSURANCE
It is further agreed that: The DEVEIOPER shall take out, or shall
require any contractor engaged to perform the Work to take out, and
maintain at all times during the performance and maintenance of the Work
called for or required to be done hereunder, a policy .of insurance naming
the CITY and members of the City Council of the City of Cupertino,
individually and collectively, and the officers, agents and employees of
the City individually and collectively, as insured. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing
named CITY and individuals oavering all the Work performed by, for, or on
behalf of said DEVELOPER. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide
that the coverage afforded thereby shall be primary coverage to the full
limit of liability stated in the declarations, and if the city, its
members of the City Council individually and collectively, and the
officers, agents, and employees of the CITY, individually and
collectively, have other insurance against the loss covered by said policy
or policies, that other insurance shall be excess 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.
q
1
A. Each of said- policies of insurance shall provide coverage in the
following miniumm amounts: For bodily injury, $100,000 each person;
$300,000 each owe, property damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this Ammma by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least ten (10) days
advance notice thereof.
C. In the event that the Project covered herein should be =&ually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co-name_ such
municipality' or political subdivision and the provision set forth .
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision.
23. NAPS AND/OR DUROVEMu pLANS
It is further agreed that the CITY shall obtain the following map
and/or plans at the EEVELOPER'S expense:
A. A mylar sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature caul of
all executed improvement plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance
deposit the cost for all prints of plans and map required under Item 23.
24. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, Mors,
successor, assignee and transferrees of the DEV OPER. The assignment of
this AGREEMENT shall not be made without approval by the City Council of
the City of Cupertino.
ry
Sixth October 1989
STATE OF CALIFORNIA On this...................day of...................,an the year... ,
ss, before me,....Lana -Um,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,a Notary Public,State of
COUNTY OF....S.anta..Clara......... California,duly licensed and sworn,personally appeared...................................
Donald.F...ImwaHe,and.Charles,K.,,Stegner
OFFICIAL SERI personally known to me(or roved to me on the basis of satisfactory evidence)to be the person
LANA KIM P Y P Y
NOTARY PUBLIC•CALIFOR"i that executed this instrument,on behalf of the partnership and acknowledged to me that the
SANTA CLARA COUNTY partnership executed it.
MY COW. EXP. MAY 17 1991 IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
seal,in the.City,.of„San, Jose,, County of..Santa„ClaYa........on the date set
forth above in this certificate.
This document is only a general form which may be proper for use in simple transactions and in no way
acts,or is intended to act,as a substitute for the advice of an attorney.The printer does not make any
warranty,either express or implied,as to the legal validity of any provision or the suitability of these forms r �
in any specific transaction.
Cowdery's Form No.29—Acknowledgment to Notary Public Notary Public,State of California.
—Partnership—(C.C.Sec. 1190A.)—(Rev. 1/83) My commission expires May 17, 1991
IN WIM4ESS T%MR OF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Council and said DEVELOPER has hereunto caused his name to be affixed
the day and year first above written.
CITY OF CUPERTINO:
Approved as to form:
City Attorn
City Cler
DEVELOPER:
�Drne�F¢aG�IZ A�aa�es,c�
ti Donc-ld F. Imwc�U ,Gfr�erlL2 Par+v\ex'
Notary Acknowledgment Required
Charles K• St finer, CW aQ PantnOLI
CITY OF CUPERTINO
INTERDEPARTMENTAL Date Nov. 7, 1989
To CITY CLERK From PUBLIC WORKS--SUMI
r-1 Information MESSAGE: HOMESTEAD II ASSOCIATES (CC 11/6/89)
r-1 Implement Southeast Corner Homestead/Blaney
=1 Investigate
Discuss 1. Three sets of agreement for processing.
See me 2. Certificate of Insurance, 10/4/89.
Reply
3. One copy each faithful performance bond and labor and
material bond. United Pacific Insurance Co.
Bond No. U1440792.
sm
attach.
Reply: Homestead II Associates
c/o Imwalle Stegner Development
iVl YYGOL JQL1L4 U1414 JL•
San Jose, CA 95113
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
14E�T[F1Cp►TE OF 1NSl RA
ii( ISSUE DATE(MM/DD/YY)
10/4/89 _
PRODUCER `✓ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
J a r d i n e E m e t t & Chandler EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P . O . Box 637
COMPANIES AFFORDING COVERAGE
Santa Clara , CA 95052
COMPANY BEST RATING
LETTER A Royal Insurance Co . (A XI)
CODE SUB-CODE
_ COMPANY B
INSURED LETTER
HOMESTEAD II ASSOCIATES LETTERCOMPANY C
LETTER
C/O Imwalle Stegner Development COMPANY
169 W . Santa Clara St . LETTER
San Jose , CA 95113
COMPANY E
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR 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 TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE'POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR DATE(MM/DD/YY) ` DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ Z, 000
A X COMMERCIAL GENERAL LIABILITY; PRODUCTS-COMP/OPS AGGREGATE $
_ � r
-.
i CLAIMS MADE.._../V OCCUR: P S U 0 0 0 6 7 7 4'/1 /H 9
q; `h/1 /90 PERSONAL&ADVERTISING INJURY
OWNER'S&CONTRACTOR'S PROT 3 EACH OCCURRENCE $ 1
FIRE DAMAGE(Any one fire) $ 5 0 '
.............
..._
MEDICAL EXPENSE(Any one person); $ 5 _
i AUTOMOBILE LIABILITY COMBINED 3
SINGLE $
ANY AUTO LIMIT
ALL OWNED AUTOS BODILY
INJURY $
I SCHEDULED AUTOS (Per person)!
HIRED AUTOS ; BODILY
s INJURY $
[ NON-OWNED AUTOS ? (Per accident)
GARAGE LIABILITY
PROPERTY; $
DAMAGE
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE'
$ $
` OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY m
$ (EACH ACCIDENT)
AND ......._
$i (DISEASE POLICY LIMIT)
' EMPLOYERS'LIABILITY ' ?•—•=---._......_...__._..�.._.,.._..____.__...._....._......._.._.__._..._._.._..___
$> (DISEASE—EACH EMPLOYEE)
BOTHER TheCertificate holder isnamed Additional Insured as respects
the=project identified. It is further agreed that this insurance
is primary over any validand collec?tible insurance carried by the
certificate holder.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
RE: Homestead & Blaney
Cupertino, CA
GANCELL-4- J V
The City of Cupertino, The member Of the C'tNOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Council, its officers, agents and EXP' ON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
employees individually and collectively ,5 MAIL�� DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
10300 Torre Avenue LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Cupertino, CA 95014 . LIABILITY,OF ANY KIND UPON THA MPANY, ITS/, TS OR RE PRESENTATI.V.E&
AUTHORIZED REPRESENTATIVE
r
f
Aco�D z�=s- 3188 R P/s m n_____ _______ �c , t�=coRPORA
,a
P STATS OF CALIFORNIA On this..28 th...........day of...SEPTEMBER.•..,.,,•.,,.,•,•.,in the year
COUNTY OF....... SANTA CLARA ss. .............................1989.....................,before me,
• • ••••• ANNA MARIE SWEETEN,••.•.•..•..•.,a Notary Public,State of California,
duly licensed and sworn,personally appeared..................................
WILLIAM J. PRENTICE
c ............................................................
OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory evidence)
'Fn x ANNA MARIE SWEETEN to be the person who executed the within instrument as. ATTORENY—IN—FACT
�(, z
NOTARY PUBLIC-CALIFORNIA or on behalf of the corporation therein named and acknowledged to me that
SANTA CLARA COUNTY such corporation executed the within instrument pursuant to its by-laws or a
My Commission Expires Aug. 9, 1973 resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the....•.SAID......................County of....................
SANTA CLARA ,on the date set fort above in this ce ificate.
This document Is only a general form which maybe proper for use in simple ,,,,,,,, r
transactions and In no way acts,or is Intended to act,as a substitute for the
advice of an attorney.The printer does not make any warranty either express or implied as to the
legal validity of any provision or the suitability of these forms in any specific transaction. Notary Public, State of California
Cowdery's Form No.28—Acknowledgement to Notary Public— 8/9/93
Corporation(C.C. Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
STATE OF CALIFORNIA On this..SiZrh..........day of..QCt.ob.er........in the year..19.8 9.............
ss, before me,......L.aaa.Kim....................................a Notary Public,State of
COUNTY OF...Santa..Clara.......... California,duly licensed and sworn,personally appeared...................................
.............................Donald—F....lmwalla...............................,
OFFICIAL WEAL personally known to me(or proved to me on the basis of satisfactory evidence)to be the person
LANA KIM that executed this instrument,on behalf of the partnership and acknowledged to me that the
t NOTARY PUBLIC-CALIFORNIA P P g
SANTA CLARA COUNTY partnership executed it.
PAY CO*1. EXP. 14AY 17 1991 IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
seal,in the.G.i ty...o ..San..JQ S e.,County of..Sazzta..Clar.a........on the date set
forth above in this certificate.
This document is only a general form which may be proper for use in simple transactions and in no way
acts,or is intended to act,as a substitute for the advice of an attorney.The printer does not make any
warranty,either express or implied,as to the legal validity of any provision or the suitability of these forms
in any specific transaction.
Cowdery's Form No.29—Acknowledgment to Notary Public N tary Public,State of California.
—Partnership—(C.C.Sec. 1190A.)—(Rev. 1/83) My commission expires Ma)z 17, 1991
BOND #U1440792
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, HOMESTEAD II ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP
as Principal and
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of SEVENTEEN THOUSAND AND NINTY_EIGHT,& 00/100 Dollars
($ 17,098.00 ) lawful money of the United States, for the payment
3'm .
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 above obligation is such that,
WHEREAS, the Principal has entered into a contract dated August 4, 1989
with the Obligee
to do and perform the following work to-wit:
Street Improvements
Homestead & Blaney
Cupertino, CA
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instr been duly executed by the Principal
and Surety this 28th day of 19. 89
(To be signed by Principal
_ and Surety and acknowledgment.)
HOMESTEAD II ASSOCIATES
Princip DONALD F. IMWALLE
UNITED PACIFIC INSURANCE CO.
Surety
By: ,
Attorney-in-Fa WILLIAM J. PRENTICE
ATTORENY-IN-FACT
The above bond is accepted and approved this day of , 19
UNI=D PACIFIC INSURANCE COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
�s
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the
State of Washington,does hereby make,constitute and appoint
WILLIAM^. J. PRENTICE of SANTA CLARA, CALIFORNIA---
its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SUIRETYSHIP---
and to band the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakingsand other writings
obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one
other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978,which provisions are now in full force and effect,reading as follows. .
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to (a1 appoint Attorneys-in-Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and (b)
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2 Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertaking,,recognizances,contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By-Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979,at which a quorum was present,and said Resolution has not
been amended or repealed:
"Resolved,that the signatures of such directors and officers and the-seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and banding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate
seal to be hereto affixed,this 3rd day of February 19 86
•�*+.; UNITED P IFIC INSURANCE COMPANY
5�L il:
Vice President
STATE OF Washington lss.
COUNTY OF King )J
On this 3rd day of February , 19 86 personally appeared Charles B. Schmalz
to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY,and acknowledged that he executed and attested the fore.
going instrument and affixed the seal of said corporation thereto,and that Article VII,Section 1, 2, and 3 of the By-Laws of said Company, and the .
Resolution• set forth therein,are still in full force.
ZVbMy Commission Expires - r
19 86 �=��'' tory Public in and for State of
July 20 Washington
Residing at Milton
Lawrence W. Carl Strom Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney executed-by said UNITED PACIFIC INSURANCE COMPANY,which is still in full
force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the ser mpeny this 28th day of SEPT�MBER 19 89
SFaL `
BDU 1431 Ed. 4/80 •o—�'d Assistant Secretor `
Y BOND ,#U1440792
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
HOMESTEAD II ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and UNITED PACIFIC INSURANCE COMPANY
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams,' implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of
SEVENTEEN THOUSAND AND NINTY-EIGHT AND 00/100
($ 17,098.00 ) ,
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.
J
D >
Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 28th day of SEPTEMBER , 19 89
HOMESTEAD II ASSOCIATES
544
(To be signed by Principal Principal DONALD F. IMWALLE
and Surety. Notary
acknowledgments required.) UNITED PACIFIC INSURANCE CO.
Surety
By
Attorney-in-Fad-t '
WILLIAM J. PRENTICE
ATTORNEY-IN-FACT ACKNOWLEDGMENT NO,204
State of On this the _1? day of Thursday 19 _,
before me, the undersigned Notary Public, personally appeared
STATE OF CALIFORNIA On this..........2$th day of.. SEPTEMBER .._..,,..,in the year
SANTA-CLARA...ss' 1989 ..,before me,
COUNTY OF......... ...................................................................
..ANN.AMARIE..SWEETEN................a Notary Public,State of California,
duly licensed and sworn,personally appeared...'RqL TgJ... PRENTICE
...................
C�6 C��t��.{g�L`JL C� L\9C:C�i int i9 •t
OF%�ICI.`•.IJ SI;r�L .................................................
/� `. • _ personally known to me(or proved to me on the basis of satisfactory evidence)
�i�:`Ih� /'/1rwf:lt Sr'IFEIE'�
f to be the person who executed the within instrument as. ATTORNEY-IN-FACT
NOTARY PLI2L['.-CALFC),.NIA �� .....................
2o on behalf of the corporation therein named and acknowledged to me that
SA dTA CLA!:A C,CiUI:T'f C
such corporation executed the within instrument pursuant to its by-laws or a
My Ccr:rrissi,n Expires Aug. 9, 1993 46
resolution of its board of directors.
../.•
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the.....SAID ..,,,..,County of.................... .
This document is only a general form which may be proper for use in simpleSANTA CLARA on the date set fo h above in thi- certificate.
transactions and in no way acts,or is intended to act,as a substitute ....................... ....,substitute for the
advice of an attorney.The printer does not make any warranty either express or implied as to the
legal validity of any provision or the suitability of these forms in any specific transaction.
Cowdery's Form No. 28—Acknowledgement to Notary Public— Notary Public, State of California
Corporation(C. C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires 8/9/93
UNI=ID PACIFIC INSURANCE COMPANY
J HEAD OFFICE, FEDERAL WAY, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the
State of Washington,does hereby make,constitute and appoint
WILLIAM J. PRENTICE of SANTA CLARA, CALIFORNIA---
its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SU"ETYSHIP---
and tobind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakingsand other writings
obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one
other of such off cers,'and hereby ratifies and confirms all that its said Attorneys)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978,which provisions are now in full force and effect,reading as follows. .
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to (a)appoint Attorneys-in-Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereol,and (b)
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertaking,,recognizances,contracts of indemnity and other writings obligatory
in the nature thereof.
3 Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By-Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979,at which a quorum was present,and said Resolution has not
been amended or repealed:
"Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate
seal to be hereto affixed,this 3rd day of February 19 86
•mow. UNITED P 1F11 INSURANCE COMPANY
I SEAL i=
yaw.
Vice President
STATE OF Washington l:s.
COUNTY OF King J
On this 3rd day of February 19 86 personally appeared Charles B. Schmalz
In me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore-
going instrument and affixed the seal of said corporation thereto, and that Article VII,Section 1, 2, and 3 of the By-Laws of said Company, and the
Resolution,set forth therein,are still in full force.
My Commission Expires :•o:,
July 19 86 tary Public in and for State of
r,
Jul 20 Washington
Residing at Milton
Lawrence W. Carl strom Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
f above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY,which is still in full
force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the ser ;;y=4:.� -npany this 2800ay of S PTEMBER, t9 89
='
SEAL
Assistant Secret
BDU1431 Ed. 4/$0 /
UTC# 201050•-4-PB 01
R ACCOMMODATION
RECORDING REQUESTED BY:
9984683
and REC FEE K S 2 6 PAGE 158
RAF Recorded at the request of
CRO
WHEN WHEN RECORDED MAIL T0: -�-� Valley-Title Com an LJRPj Pl y
Donald F. Imwalle SP PF JAN 2 3 1989 F'
c/o IMWALLE STEGNER non
ICOR
169 W. Santa Clara Street LAURIE KANE, Recorder
San Jose, California 95113 Santa Clara County,Official Records
LIMITED POWER of ATTORNEY
I, Donald F. Imwalle, do hereby appoint Marcy A.
Ahnberg ("Agent") as my Attorney-in-Fact to act for me and
in my name as authorized in this document. By this
document, I intend to create a limited power of attorney. I
hereby grant to Marcy A. Ahnberg full power and authority' to
act for me and in my name, in any way which I, myself, could
act as an individual or as a partner of any partnership, to
do all or any of the following:
1. To purchase, lease, sell, convey, mortgage,
encumber, or hypothecate any real or personal property or to
contract to do any of the foregoing in connection with any
real or personal property, or to enter into any real or
personal property transaction whatsoever upon such terms and
conditions and under such covenants as Agent shall deem
proper.
2 . To execute, acknowledge and deliver any and all
deeds, leases, mortgages, deeds of trust, notes, evidences
of debt, escrow instructions, assignment of leases, security
agreements, fixture filings, financing statements and any
and all other documents in connection with any real estate
transaction or any real estate financing transaction.
This Power of Attorney shall expire on December 31, 1990.
_r_�r WSSN_F�R_WLiF'REOF T�icrn-mv—name to this_-Limited-