90-030 M.S. Partnership, DBA La Mancha Development Co., Improvement Agreement, Resuloution No. 8214 r
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AGREEMENT
21000STEVENS CREEK BLVD.
• APN #359-07-05
This AGREEMENT made and entered into this 26th day
of July , 19 90 , by and. between the. CITY- OF
CUPERrINO, a nnuiicipal corporation of the State of California, hereinafter
M.S. Partnership, a Calif. General Partnership, dba
designated as CITY, and LA MANCHA DEVELOPMENT COMPANY
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."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by MAJORS ENGINEERING, INC.
a true copy of which improvement plans and specifications are on file in
the office of the City Engineer of Cupertino; and
• WHEREAS, the same are incorporated herein by reference, the same as
though set out in full;
NOW,' THEREFORE, said improvement plans and specifications shall be
hereinafter rai l ed the "Plans," and the work to be done under the Plans
shall be called the "Work."
51,899
•
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
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SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
•
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PART A. Faithful Performance Bond: OFF-SITE $54,000.00
FIFTY FOUR THOUSAND DOLLARS AND NO/100
PART B. Tatr,r and Material gond: OFF-SITE
FIFTY FOUR THOUSAND DOLLARS AND NO/100 $54,000.00
PART C.
Chcking and Inspection Fee: FATE$1,210
FIVE THOUSAND FIFTY TWO DOLLARS AND NO/100 $ 5,052.00
- PART D., Indirect City F2penses; __. . ..
SEVEN HUNDRED FIFTY EIGHT DOLLARS AND NO/100 $ 758.00
PARTE. Development Maintenance Deposit:
FIVE HUNDRED DOLLARS AND NO/100 $ 500.00
PART F. Storm Drainage Fee:
- --•SIX HUNDRED 'TWENTY SEVEN-DOLLARS AND NO/100 $' .. 627.00
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, SORE, IT IS HEREBY MUTUALLY 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
encumbrances 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 deed 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
company relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance company and insuring the CITY in the sum of: N/A, and
which shall show said property free and clear of all liens or
encumbrances 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 AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
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A. The DEVELOPER shall install and complete the Work within one (1)
year from the date of execution of this ACRE 24EWr, or such longer period
as may be specifically authorized in writing by the City Engineer. In the
event the DEVELOPER fails or refuses to complete the Work within the
specified period of time, the CITY, at its sole option, shall be
authorized to complete the Work in whatever manner the CITY shall decide.
In the event the CITY completes the Work, the CITY may recover any and all
costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or
both. . .
B. The DEVELOPER shall install and complete the'"Work . n' 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 arty material or workmanship meets the standards,
specifications, plans, sizes, lines and grades as set forth.
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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 instnnnent 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 bowl. 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 larrl._pr. any
improvements herein regUiired, the CITY may applythe proceeds of said
security thereto.
D. No release of surety bond, cash deposit, check, or certificate of '
deposit, shall be made except upon approval of the City Council.
E. No interest shall be paid on any security deposited with the
6. CHECK:ENG AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking, etc., incurred by CITY in
connection with said Project, and that DEVELOPER shall have deposited with
CITY, prior to execution of this AGREEI m, the amount as set forth herein
at Page 2 (Part C) . Should construction cost vary materially from the
estimate from which said sum is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
7. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEI 27P, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
B. NAP CHECKING FEE •
it is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREEMENT, for office ckecking of final map and
field checking of street monuments, in compliance with Section 4:1 of
Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth
herein at Page 2 (Part I) .
.
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9. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREEMENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and cleaning during the construction period. The development
maintenance deposit may be utilized for repairs of defects and •
imperfections arising out of or due to faulty workmanship and/or materials
appearing in said work during the period until release of the improvement •
bonds by the CITY. Should the DEVELOPER couplets the required repairs to
the entire satisfaction of the CPPV, the unused balance will be returned
after the release of the improvement bonds.
10. STORM DRAITTGE FEE
It is further agreed that the DEVELOPER shall deposit with the CPP ,
prior to execution of this AGREEMENT, a storm drainage charge in
connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) .
11. WATER MAIN EXTENSION DEPOSIT •
The DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until said
monies are needed to implement improvements outlined by the Director of
Public Works or improvements outlined within the adopted Water Master
Plan.
- The amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to CITY prior to
execution of this AMMERr, 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 INSTALLATION OF STREET TREES
As per the Letter of Intent attached hereto,
'It is further agreed that therDEVELOPER 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 l'hlb
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It is further agreed that the DEVELOPER shall pay such fees and/or
dedicate such land to the CITY, prior to execution, as is required within
"Park Dedication Ordinance" Number 602, 1972, and which is further
stipulated under Part 3, Page 2 herein.
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14-A. PARK FEE ADJUS='4ldr =FCVISICNS
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The value of the lard used in establishing the "Park Fee" outlined
herein on Page 2, Part J, requires formal confirmation. The CITY
shall employ a qualified local appraiser to provide a market value of the
land. The City will calculate the "Park Fee" based an the appralc l • The
Developer agro= to pay for any deficiency within thirty. (30) days and the ' •
City agrees to refund overage within thirty (30) days. Adjustments shall
be made prior to acceptance of the subdivision improvements.
15. 142CDTl DLNC OF SARK •
It is further agreed that the DEVELOPER shall maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans and the •
City standards and specifications for the Work. The DEVEIDP_R shall, upon
written notice thereof, immediately repair or replace, withcut cost or
obligation to the. City of Cupertino, and to the entire satisfaction of
said TTY, all defects and imperfections arising cut of or due to faulty
wormariship and/or materials appearing in said Work.
16. S2.NIMRY DISTRICT
It is further agreed that the DEVELOPER shall file with art, anon
execution of this ACRMN,rin, a letter from the Cupertino Sanitary District
stating that the DEVELOPER has entered into a separate ACREDIERT with the
said District to install sanitary sewers to serve all lots within said
Project and stating that a bond to insure full and faithful perCormance.of .
the canstsuction of..the said sanitary sewers and to insure maintenance of -
said sanitary sewer in conformance with, the provisions as set forth in •
Paragraph 15 above.has been filed.
17. GOVMMIENT CODS •
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to
special assessments or bands, have been complied with.
18. CEITERAL luxt; DISTRICT •
•
it is further agreed that the DEVELOPER shall file with the an, upon
execution of this ACZE MENn, a letter from the Central Fire Protection
District of Santa Clara County, stating that the DEVELOPER has entered •
into an ACRE:MEW with said District 'to install fire hydrants to serve •
said Project and stating that all necessary fees have been deposited with
said District to insure installation and five (5) year rental fee of said
hydrants.
19. PACIFIC GAS AND ETEC IC/PACIFIC BELL
•
It is • further agreed that the DEVELOPER shall pay to Pacific Gas and
, Electric; Company. and/or to PACIFIC F VrY. Ccvmpany any and all fees'reauir d
for installation of overhead and/or undergrourxi. wiring circuits to all
electroliers within said property and any and all fees required far -
undergroun rr3 as provided in Ordinance No. 331 of CITY when DEVELOPER is
notified by either the City Engineer or the Pacific Gas and Electric
Ccnicany and/or PACIFIC HELL Companythat said fees are due and payable.
7
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20. EASEMENTS AND RICHT-OF-WAY •
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acquired by the DEVELOPER at his own
cost and expense. It is provided, however, that in the event eminent •
domain proceedings are required by the CITY for the 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. AMition
thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the
CITY may require shall be deposited with the City of Cupertino.
21. HOLD HARMLESS
It -is further agreed that, commencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the completion of '
the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless
and defend the CITY from 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 nonperformance of the Work or
the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S
agents, employees and independent contractors.
22. INSURANCE
Itis further agreed that: The DEVELOPER 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 covering all the Work performed by, for, or on
behalf of said DEVELOPER. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide;
that the coverage afforded thereby shall be primary coverage to the full
limit of liability stated in the declarations, and if the city, its .,
members of the City Council indivldnally 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.
•
A. Each of said- policies of insurance shall provide coverage in the
following minimum amounts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damage, $501000 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 AGREEMENT by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies shall • .
bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least ten (10) days
advance entice thereof.
C. In the event that the Project covered herein should be mutually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision.
23'. NAPS AND%OR IMPROVEMENT PLANS
• It is further agreed that the CITY shall obtain the following map
and/or plans at the DEVELOPER'S expense:
A. Angler sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm•aperature -card of
all executed improvement plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance
deposit the cost for all prints of plans and map required under Item. .23.
24. SUS
• This AGREEMENT shall bind the heirs, administrators executors,
successor, assignee and transferrees of the DEVELOPER. The assign-rent of
this AGREEMENT shall not be made without approval by the City Council of
the City of Cupertino. -
C PARTNERSHIP ' .
a STATE OF California
COUNTY OF Los Angeles 1 ss.
On this 26th day of JUN in the year 1990 OFFICIAL SEAL
before me,the undersigned,a NotaryPublic in and for said State,personally art JULIE P ROBERS
SAMEL BACHNER 'i`- Notary PubllcCallfomla
a eared =`mss?<-sr LOS ANGELES COUNTY
personally known to me akitii.0- My Commission Expires
991
ID proved to me on the basis of satisfactory evidence __ •- _^- - - - - - - - - ----
toSeptember to be the person that executed this instrument, on behalf of the partnership
q and acknowledge
-(,o me that the artnershipIexecuted it.
/
Signature_ ( 07 (This area for official seal)
NOTARY PUBL IN AND FOR SAID STATE
Julie P. Robers
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IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Cauicil and said DEVELOPER has hereunto caused'his name -to be affixed
the day and year fiibL above written.
CITY OF ctlPERTINO:
Approved as to form: • ,se i 0 / - . ,„ 2
Ma_•r
Ci Attorney
Ci Cler . 3776)
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DEVELOPER:
M.S. Partne ip, a Calif. General
•
Partnership nba LA MANCHA
Notary Acknowledgment Required By: 1/
S: uel Bachner, General Partner
•A
LA MANCHA DEVELOPMENT COMPANY
JACK LONDON SQUARE, 100 WEBSTER STREET, PENTHOUSE
OAKLAND, CALIFORNIA 94607
(415) 465-3130
LETTER OF INTENT
This Letter of Intent shall serve as an agreement between M.S.
Partnership, dba La Mancha Development Company (La Mancha) and the
City of Cupertino (City) . La Mancha has obtained Use Permit 19-
U-89 to construct a single story retail building. Under said
approved Use Permit, Condition #16, dated September 18, 1989 and
modified by the City on November 20, 1989, La Mancha will install
streetscape improvements.
In accordance with direction by the City Attorney to the Planning
Division Staff, La Mancha submits this Letter of Intent in lieu of
a recorded Deferred Agreement and in partial fulfillment of the
requirement of said Condition #16 and modification regarding
Landscape Improvements at the subject site.
At such time that the City provides new definitive Core Area
Streetscape Improvement Specifications for Stevens Creek Boulevard,
La Mancha shall provide a detailed Landscape Plan to implement said
Improvements according to the specifications. This Agreement
includes a provision releasing La Mancha from the new Streetscape
Improvement obligations if the aforesaid specifications are not
supplied to La Mancha within one (1) year of the date upon which
the Use Permit is granted. Said Agreement is binding on all
successors in interest. It is the duty of La Mancha to disclose
to subsequent purchasers that this letter is binding on said
purchaser.
In the event such Streetscape Improvement Specifications are not
provided to La Mancha within said one (1) year period, La Mancha
shall construct and install Landscape and Streetscape Improvements
as per the attached drawings, Pages Ll, dated January 22, 1990, L2,
dated March 26, 1990, and L3 dated January 22, 1990 by Singer and
Hodges, Landscape Architects.
La Mancha shall post a bond in the amount of Four Thousand and.
NO/100 Dollars ($4,000.00) for the Streetscape Improvements to be
made. Upon completion of said Streetscape Improvements by La
Mancha Development under either situation as described above, the
City will retire said bond.
AGREED: AGREED:
M.S. PARTNERSHIP
dba LA MANCHA DEVELOP Nk COMPANY CITY OF UPERTINO
BY.A11111111111. - / BY: ,e/ Tdle1�Si
Linnard C. L e
Division Manager
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•RODVCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
JACK SONNTAG INS.AGENCY No RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIPICATE DOES NOT AMEND,
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NORTH HOLLYWOOD,CA 81602
PHONE(818)984.2236 (213)877-3726 COMPANIES AFFORDING COVERAGE
COMPANY A
LITTER INDUSTRIAL INDEMNITY
CODE sumps
LETTER COMPANY
NIURID
LA MANCHA DEVELOPMENT COMPANY, ETAL COMPANY C
11440 San Vicente Blvd,
Los Angeles, CA 90049 LTER"ETD
LETT/AR NV B
:OVERAGES •
THIS IS TO CERTIFY THAT TH1 POLICIES OF INSURANCE LISTED BELOW HAVE NEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REOULREMENT,TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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TA • CATE(MMIODIYY) DATE( MIDOIYY)
SINIRAL LIABILRY CENSRAL AGGREGATE 62,000
K X COUMcRCIAL GENERALUMILIYY PAODUCTIOOMPKWSAoGREGATI 12,000
CLAIMS MADE X OCCUR. NC 903-1842 8/11/89 8/11/90 PEREONALAADVERTISING INJURY 11,000
OWNER'S A CONTRACTOR'S PROT, NG 903-1861 8/11/90 8/11/91 EAcwozuaiwwcr 11,000
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I 1
OnHER THAN UMURELLA FORM
STATUTORY
WORKER'S COMPENSATION 1 2,000 (EACH ACCIDENT)
A AND CB 878-3066 2/21/90 2/21/91 , 2,000 (DISUSE—POLICY LIMIT)
EMPLOYERS'LIABILITY 1 2,000 (DISUSE—EACH EMPLOYS;
OTHER
DESCRIPTION OP OPERATIONIILOCATIONIIVINICLEBIREITRIOTIONSISPIOIAL ITEMS
AS RESPECTS LOCATION: SEC STEVENS CREEK 6 STELLINC, CUPERTINO, CA PROJECT #756
ADDITIONAL INSUREDS: THE CITY OF CUPERTINO, MEMBERS OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO INDIVIDUALLY 6 COLLECTIVLY AND OFFICERS AO' S AND EMPLOYES OF THE CITY,
.. . .. . . r.: :.:: : :
SHOULD ANY OF THE ABOVE DEBCKIIEO POLICIES BE CANCELLED BEFORE THE
CITY OF CUPERTINO EXPIRATIONDATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Dopnrtm �
ent of Building 6 Safety MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
10300 Torre Avenue LIFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY 0• ANY KIND PO COMPANY,118 .ENTE OR REPRESENTATIVES.
Luper ino, CA 95014 AUTI10111:I0 !T rB� �i
� / , Days for non-
JACV :J.- 0 • . , L� • rant of premium
ACORD 25•S(S/IS) ��_ "•:1O CORPORATION 110.
c
S'1i1'1''EVp, Cantoltla
Lou Angelo ass:
•n
Cuentyuf— L I
(in this_ 26th dny of July 19 90 t Infer ma
Kerrelee A. Forrest •aNotary Public,
Les 14nutle ernunall known to me(or booed to run on Ui.
/rersortn[Ip"VP"'ed _ _.__. .—__._._- _.______ .-_ . f Y 1
bnria of r•nti.ifnr(ary ',tridencnf to he the /1((urnry-fn-1 i et of the American mind ln(,
s Coarpnny nail nclrnorUIrdlyd to me that ho moron::tired (lir name of the American Buntline
Company thereto arid Ids own name as itttorncy-in-Fact.
r t 1 .
A+ - RRELEE .SERI.
<� ' C: KERRELEEA FORREST --- - — - =-----
T9. NOTARY
ANGELES CALIFORNIA Wu terry /hr7�ile in mrd Jur the Coanty of
«."� My Comm.Expires Much 6,1992 Lon Angolan California
t State of
30272 3.09
PARTNERSHIP ,
it STATE OF California
COUNTY OF Los Angeles SS.
On this 26th day of Julyin the year 1990 OFFICIAL SEAL
before me,the undersigned,a Notary Public in and for said State,personallyK, September13,JULIE P ROBERS
Samuel Bachner i NotaryP�nc-Califoria
r%appeared LOSANGELESCOUNTYpersonally known to me My Commison Expires❑proved to me on the basis of satisfactory evidence, 1991
to be the person that executed this instrument, on behalf of the partnership
and acknowledged . e that the pa ersI'. executed it.
/, i
Signature / - / - (This area for official seal)
NOTARY PUBLIC I •AND FOR SAID STATE
Julie P. Robers
Bond No. 119487
J Issued in Duplicate
•
FAITHFUL PERFORMANCE BOND
•
KNOW ALL MEN BY THESE PRESENTS:
M.S. PARTNERSHIP, a Calif. General Partnership,
THAT WE, dba La Mancha Development Company
as Principal and American Bonding Company
as Surety •are held and firmly bound unto the City of Cupertino, State of California,
in the sum of Fifty-four Thousand and no/100 ($54,000.00) Dollars
($ 54,000.00 ) 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 above obligation is such that,
WHEREAS, the Principal has entered into a contract dated July 26, 1990
with the Obligee
to do and perform the following work to-wit: Off-Site Improvements pursuant to the
Agreement attached hereto marked Exhibit "A" and made a part hereof by this reference.
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 instrument has been duly exec ited by the Principal
and Surety this 26th day of July , 19 90 if
(To be signed by Principal M.S. Partner ) ip, a Calif. General Partnership,
and Surety and acknowledgment.) dba LaMana Development Company
• By: V 1'1
Princip.a'r
amuel Bachner, General ',o
antner
American Bonding Company-
14" .
ompany-5 • Surety
4
Gc,WLQQ.1
By:
Atto ey-in-F t
Les Mantle
The above bond is- accepted and approved this day of , 19 •
• . .
• " "Bond No. -119487
• Issued in Duplicate
L
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California' and
M.S. PARTNERSHIP, a Calif. General Partnership, dba, LA MANCHA
DEVELOPMENT COMPANY
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing lot 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 American Bonding 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 Fifty-four Thousand and no/l00
($ 54,000.00 ) .
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.
S'1'i19Z Up _ California )
•
i" Angeles LouLAng /ss:
County of L J
On this 26th day of July 1890 hbcforame
Kerrelee A. Forrest' IallotaryPublic,
t
. ' per sonally appeared _Leo llatttle _` __ _.____-_ __ , permit!fly!mown to fun(ut'Inivnd to lila vll lilt!
A basin ofr.atiafarfury rob/enrol to hut ilia illtrrrnry.hriect of the American DotallnF
tf pony miff nmlrnrtrnlrraetl to me that fin ;minuet Ihrtl the MIMIC of the American Bonding
-1 Company thereto and his ahem name as Attorney-in-Foci.
T OFFICIAL SEAL / -
.M KERREIEE A FORREST _ �L
h_at NOTARYPUStIC-CALIFORNIA verity Public In and /Or Cl.a County of
r , �1 LOS ANGELES COUNTY
a My Comm.Expires hue Augeleu California
L Stale of
0.00
30272
PARTNERSHIP
California
B STATE OF - - SS.
d COUNTY OF Los Angeles
-On this 26th day of July in the year 1990 OFFICIAL SE
before me,the undersigned,a NotaryPublic in and for said State,personally 1F1 JULIE PROBSAMfgJEL BAC INER .0SANGEUSCa peeredpersonally known to meMy Commison❑proved to me on the basis of satisfactory evidenceSeplembef 13
to be the person that executed this Instrument, on behalf of the partnership
and acknowledge to me that thethpartnership� executed it.
e ; ! • f elle%
Signature % uuuGbb (This area for of icial seal)
NOTARY P LIC IN AND FOR SAID STATE
Julie P. Robers
• •
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 t'o"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 ex> uted by the
Principal and Surety this 26th day of Jul /, 1990
M.S. PAR' NERSHIP, a Calif. General
Partners, p, dba LA MANH
CA
DEVE11,•MENT - OMPANY
•
(To be signed by Principal Princi •'1
Samuel Bachner, General Partner
and Surety. Notary
acknowledgments required.) erican Bonding Company ,
Surety u
M.
(J.
By; /u`!"vk - ..
Attor -in-Fact
Les Mantle ) '
i
The above bond is accepted and approved this day of
.
, 19
f
•
A
eel
1
,
•
, Y)
6/17/85
, Not Valid If Executed
' ' AMERICAN BONDING COMPANY After Dec:31,199x,
LOS ANGELES, CALIFORNIA
A STOCK COMPANY
POWER OF ATTORNEY GV No. I 113 4 8 7
AMERICAN BONDING COMPANY,a Nebraska Corporation,having its administrative office in the City of Los Angeles,
State of California, does hereby make, constitute and appoint
Les Mantle or Kerrelee A. Forrest of Fullerton, California
as Attorney(s)-in-Fact,with full power and authority hereby conferred to execute and deliver and affix the seal of the corporation
thereto,if a seal is required,for and on its behalf as Surety,and as its act and deed,all of the following classes of documents,to wit:
Not To Exceed Five Hundred Thousand Dollars ($500, 000. 00) .
The American Bonding Company further certifies that the following is a true and exact copy of Article VII Section 3,of the By-Laws of American Bonding
Company duly adopted and now in force,to wit:
SECTION 3. All bonds, undertakings, recognizances or other written obligations of the corporationshall be executed in the name of the O y
corporation by the president,any vice-president,secretary,any assistant-secretary or the treasurer,or by such other persons as may from time to a=
time be properly authorized.The president,any vice-president,the secretary,any assistant-secretary or the treasurer may appoint or remove �I v
(72
resident vice-presidents,resident assistant-secretaries,attorneys in fact,agents or other persons who shall have authority to issue and deliver Z O
bonds, undertakings, recognizances or other written obligations in the name of the corporation. The corporate seal is not necessary for the E`L
validity of any bonds, undertakings, or other obligations of the corporation. The signature of any authorized officer and the seal of the Co m a
corporation may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and deliveryof any bond,or a Z
undertaking of the corporation;and such signature and seal when so used shall have the same force and effect as though manually affixed. p rC-
zr
IN WITNESS WHEREOF,AMERICAN BONDING COMPANY has caused these presents to be executed by its o z
Ea
duly authorized officer and its corporate seal affixed,this 4th day of November 19 89m o
QOp O0
VI
4.otos.?�a v111 ' D
4. •
State of California "-SEAL/� ' boa.- 2
County of Los Angeles Vs../9 1,,00
•eriiiin President O
On this 4th day of November 19 89 before me a Notary Public,personally appeared the above named officer O
v
of American Bonding Company,a corporation,known to me to be the person and officer who executed the above Power of Attorney on behalf of the. -<
corporation and acknowledges the corporation voluntarily executed the same.
SM.
,{pOFFICIAL SEAL 7 •-z ' �`'' .
S. RODRIGUEZ Notary Public
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL.OFFICE IN L
LOS ANGELES COUNTY `;1`� , -
My Commission Expires Nov.3,1993 -s ,,� ./
CERTIFICATE = ,
I,the undersigned,certify that I am the Secretary of American Bonding Company,a Nebraska corporation,and that the uttached`Powe`of' -
Attorney remains in full force and effect,and has not been revoked;and furthermore that Article VII Section 3,of By-Laws of said company as set
forth in said Power of Attorney,are now in full force and effect. ,
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this '
25th day of .7.uly.r : 19 40 NO v0� ei n
P Q.
SEAL W •� . ��fl� o. .�
.A4930
OEfltttt Secretary