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97-066 Cupertino Hotel Associates, LLC, tract 8980, Wolfe @ Pruneridge, Hilton Garden Inn - Reso 9961 , DOCUMENT: 15121206 Titles: 1 / Pages: 3 RECORDINGY REQUESTEDof Ctino BYCitII II III II I I III II II 1111 II Cox es. .No Fees Qe015121266v P ANT PAID WHEN RECORDED MAIL TO BRENDA DAVIS RDE # 009/015 City Clerk's Office SANTA CLARA COUNTY RECORDER I/13/2000 City of Cupertino Recorded at the request of 10:43 AM 10300 Tone Avenue Cit y Cupertino, CA 95014-3255 97- ° " (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION HILTON GARDEN INN, W. SOUTH WOLFE ROAD TRACT 8980 71 Original 0 For Fast Endorsement City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 CITY OF (408)777-3354 CU P E RT I NO FAX(408)777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the municipal improvements in conjunction with the following project: HILTON GARDEN INN, W SOUTH WOLFE ROAD TRACT 8980 have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the City Council on January 3, 2000. evaii D irector of ' .blic Works and ity Engin:er of the City of Cupertino Date: January 7, 2000 Punted on Recycled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 3rd day of January 2000 at Cupertino, California. etedS--, Administrative Clerk City Clerk's Office, City of Cupertino TRACT AGREEMENT • TRACT#8980 Cupertino Hotel Associates, LLC. Westside Wolfe Rd @ Pruneridge Ave. -Tandem Site This AGREEMENT, made and entered into this 15 day of Sept. , 1997, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Cupertino Hotel Associates, LLC , a California Limited Liability company hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to subdivide 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#8980 -Hilton Garden Inn Cupertino, California, hereinafter designated as the "Tract"; and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Tract by Sandis Humber Jones, a true copy of said improvement plans and specifications are on file in the Office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference,the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." File No.: 52,058 Page 1 of 9 " WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: $ 503,000.00 PART B. Labor and Material Bond: $ 503,000.00 PART C. Checking and Inspection Fee: (Includes Grading Permit) $ 25,150.00* 110-451-510 PART D. Indirect City Expenses: N/A PART E. Development Maintenance Deposit: $ 3,000.00* 110-206-100 PART F. Storm Drainage Fee: Basin 3 $ 5,688.00* Account#: 215-415-003 PART G. One Year Power Cost N/A 110-451-508 PART H. Street Trees: By Developer PART I. Map Checking Fee: $ 232.00* 110-451-520 PART J. Park Fee: ZONE III N/A ACCT#: 480-416-033 PART K. Water Main Reimbursement Fee: N/A 610-460-200 PART L. " Maps and/or Improvement Plans As Specified in Item#23 * To be paid by escrow#01088775-1 per escrow instruction. File No.: 52,058 Page 2 of 9 NOW,THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1)year from 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 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 in a good and workmanlike manner in accordance 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 accordance with the existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to,whether any 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 accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or"California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or"Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 2. 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 commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 3. QUITCLAIM 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 File No.: 52,058 Page 3 of 9 • 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. 4. BONDS AND OTHER SECURITY A. Upon the execution of the AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements 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 performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to 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 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. 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. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 5. CHECKING 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 AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should construction cost vary materially from the File No.: 52,058 Page 4 of 9 • estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 6. INDIRECT EXPENSES • It is further agreed that DEVELOPER shall pay to CITY,prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). 7. MAP CHECKING 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 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). 8. 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 complete the required repairs to the entire satisfaction of the CITY,the unused balance will be returned after the release of the improvement bonds. 9. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of the 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). 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGREEMENT,the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. 11. THE INSTALLATION 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. File No.: 52,058 Page 5 of 9 12. PARK FEES • It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 1991, and Section 18-1.602 of the Cupertino Municipal Code. 13. MAINTENANCE 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 conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY,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 serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY,upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603,Article 8, Chapter 4 of the Business and Professions Code,pertaining to special assessments or bonds,have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY,upon execution of the AGREEMENT,a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT 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. 17. STREET LIGHTING- P.G.and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. File No.: 52,058 Page 6 of 9 18. PACIFIC GAS AND ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric • Company and/or to PACIFIC BELL any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Company and/or PACIFIC BELL that said fees are due and payable. 19. EASEMENTS AND RIGHT RIGHT-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 addition 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. 20. 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 as provided in Paragraph 13 above,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. 21. INSURANCE It is 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 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 not be called upon to cover a loss under said additional policy.. File No.: 52,058 Page 7 of 9 A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any 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 notice thereof. C. In the event that the project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set equally apply to municipality and political subdivision. 22. 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 September 9, 1977. 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 an adopted Water Master Plan. The amount shown herein at PART K,Page 2 shall be the full amount due. 23. MAP AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and thirteen(13)prints of fully executed tract 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. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. File No.: 52,058 Page 8 of 9 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 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: IAA* // Mayor ar 'ity Attorney City Cl- DEVELOPER: Cupertino Hotel Associa •.. A •. ifo I'a I tedL'. ili Company By: Peterl7u,'•anager Notary Acknowledgment Required Exhibit A Attached File No.: 52,058 Page 9 of 9 . ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 -- State of(Q / Xi`--1,44-(4X_ . Countty f t,e / i _/_ _ -i X997 ELSIE G. TURCHEN On / / = before , DATE NOTARY PUBLIC' - personally appeared NAME(S)OF SIGNER(S) ❑ personally known to me - OR - 2 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and.ac- tknowledged to me that he/she/they executed - 1 'r 6S't£G.n01102 the same in his/her/their 'authorized � �� melon/1102708 z " +�Ac— "on1O i ca acit ' les , and that b their �`�:nf n�,c c.2000 ,; P Y( ) Y his/her/ ti signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - - ti - WITNESS my hand and official seal. -. 4/te_e_ • r_L/,C./ - SIG-ATURE OF OTARY - . OPTIONAL -. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. - - - . CAPACITY CLAIMED BY SIGNER -.- DESCRIPTION OFATTACHED DOCUMENT ❑ INDIVIDUAL - - ❑ CORPORATE OFFICER - e/ 1,142,---n1,142,---n-sir2 TITLE OR PE OF DOCUMENT NTLE(s) - ❑ PARTNER(S) ❑ LIMITED L I CI GENERAL /,✓ _. - . ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ti ❑ TRUSTEE(S) - ERDIAN/CONSERVATOR /OTHER: � &� - . 4/' OT /�`f DATE OF DOCUMENT SIGNER IS REPRESS G: NAME OF PERSON(S)OR ENTI 5) '/ �`� _,• �• ,\ SIGNE )OT ER THAN MED-A ABBOO(VEE ., ,. . ,_ . _0...tr....J.:), 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA91309-7184 BOND NO. 1331995 PREMIUM: $4,024.00 • FAITHFUL PERFORMANCE BOND • KNOW ALL MEN BY THESE PRESENTS: • THAT WE, CUPERTINO HOTEL ASSOCIATES, LLC as Principal and AMWEST SURETY INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of FIVE HUNDRED THREE THOUSAND AND NO/100THS * * * * * * * * * * * Dollars ($ 503,000.00*** ) 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 , with the Obligee to do and perform the following work to-wit: INSTALL AND COMPLETE CERTAIN IMPROVEMENTS MARKED AND DESIGNATED AS TRACT #8980 - HILTON GARDEN INN CUPERTINO, CALIFORNIA • 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 executed by the Principal and Surety this 12TH day of SEPTEMBER , 1997 . (To be signed by Principal and Surety. and acknowledgment.) CU: � ERT ��� HO �ATES, LLC Principt r — — " • AMWEST SURETY INSURANCE COMPANY Surety By: Attorney-in- ct - - - CAROLYNE S. COOK The above bond is accepted and approved this day of , 19 • ALL-PURPOSE ACKNOWLEDGMENT �•x•®•0.0•e•0•o•e•e•!•0•05 e•0•e•!•e•� • State of California I ICounty of CONTRA COSTA 1 SS.• • IOn SEPTEMBER 12, 1997 before me, GAIL-L.• BARTLETT• , I • (DATE) (NOTARY) p I personally appeared CAROLYNE S. COOK SIGNER(S) • I ® personally known to me - OR- Elproved to me on the basis of satisfactory • evidence to be the person(s) whose name(s) I Iis/are subscribed to the within instrument and I 1 acknowledged to me that he/she/they executed • the same in his/her/their authorized I capacity(ies), and that by his/her/their s signature(s) on the instrument the person(s), • or the entity upon behalf of which the I Iperson(s) acted, executed the instrument. II • GAIL L. BARTLETT WITNESS my hand and official seal. I ' ,,. @, COMM. 1136914 I • m Nora RA GO Ga OUNraA • Im My C n-i lE�ires May12,200I I • •TA' SIGNATURE • IOPTIONAL INFORMATION I IThe information below is not required by law. However, it could prevent fraudulent attachment of this aclmowl- I • edgment to an unauthorized document. •I I CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT • ' ❑ INDIVIDUAL ❑ CORPORATE OFFICER FAITHFUL PERFORMANCE BOND• • I TITLE OR TYPE OF DOCUMENT • TITLE(S) ❑ PARTNER(S) • ® ATTORNEY-IN-FACT TWO • I ❑ TRUSTEE(S) NUMBER OF PAGES I • ❑ GUARDIAN/CONSERVATOR ' ! El OTHER: • SEPTEMBER 12, 1997 IDATE OF DOCUMENT • ' I SIGNER IS REPRESENTING: I I NAME OF PERSON(S)OR ENTRYOES) AMWEST SURETY INSURANCE COMPANY • OTHER • L•_._•_._•_._._. 0•.III.•0.0.0•O•J AM 1194 VALLEY-SIERRA,800.362-3369 110.171:34i -. � u D ill a g� ©i'�I 1 � to dllr,k,iiil I ' 11 u ' D. II IMA ply* it rll IN.oil ipll�l :•illullll i II y .0, 1, Iri, II@ +"I :']lir III 4" a a l� r ,Tr 1 1 � R ,g R �r L 'VII :IiiirIII II1I'! III lii`e Iii I IIIc 1: Illlll 9111 'i l,ilillll'll'I"i ni 111"oIIIIII IIIILIIIII�I1-. T.�Pli ail . II I1 '�,,,IIT� • Itlll Irot i�l�fl ,- IRll llpMii lHH IlVlllllpHH ill 1111 li�lll�l'�ull,00,1�II EXPIRATION DATE 6-03=99 POWER NUMBER 0000741817 I ,i Ill, READ CAREFULLY • r Iu it I'll 111 ri1d11 This document is printed on white paper containing the artificial watermarked logo(a )of Amwest Surety Insurance Company(the"Company")on the front111,1(111.1:1111 Ih° and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No l,1 representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until Aso E„,14411. the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission � I t ,of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at llp ill t 015)362-1188 I I, KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does hereby make, MRN P. "� constitute and appoint: • _ 1 4 ROBERT P.MOSER - ill' all] 11 E' I RONALD 1 MARENGO • • I' k1° ° CAROLYNE S.COOK 'It6' 1 AS EMPLOYEES OF PUTNAM,KNUDSEN&WIEKING,INC. IPobI f Ill 11I111�I 11111 11' !ML: mal AA iAl EM' its true and lawful Attorney-in-fact,with limited power and authority for and on behalf of the Company sur to xecute eh a :affix the seal of the company II II I�I'll) thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Ac o r perfo ••.V.,bo or other written obligations in the nature thereof as follow. 111111111 1Ih' .fl Bid Bonds up to$••1,000,000.00 , mmilitlilq tioTiii Contract(Performance&Payment),Court,Subdivision S••2,500,000.00 . 1 'I I1I ri License&Permit Bonds up to$••1,000,000.00 ' 11 ra Miscellaneous Bonds up to$••1,000,000.00 -_ r.itOb Small Business Administration Guaranteed Bonds up to S••1,250,000.00 �� . � 4113r,... 1oro �M lfil '/�[��') ' IINF II l and to bind the company thereby. This appointment is made under and by au a By La e r.mosn 1 h are now in full force and effect. 11111111111 III!l I,the undersigned secretary ofAmwest Surety Insurance Company,aNe• corporation Di HBY - •RTIFYthat this Power ofAttorney remains in tali pr(T� force and effect and has not been revoked and furthermore,that the re • ,fthe Board -,% on this Power of Attorney,and that the relevant li flail! ll i ;1 provisions of the By-Laws of the Company,are now in full force an. ct. !Hit(Hill! YYY �/ µ pHjodrNili Bond No. 1 331 995 Signed&sealed hi 7 o SEPTE R- 97 !�lfj �C II161P1' ig!"�- - ` Karen G.Cohen,Secretary - II Il NN 11 ft * 1t * * * * * 1t 0 * S ONS 1 T + :O. r.t -• DIRECTORS • * +41 * C * * * * +k * 'MIF. This POA is signed and sealed by facsimile under d by autho o' r owi : - : utions adopted by the Board of Directors of Amwest Surety Insurance 1 ° r�i Company at a meeting duly held on December 1975: II uP 1111 IIIA RESOLVED that the President or anyits ll "den in nunc will T^ Secreta or anyAssistant Secreta mayappoint attorneys-in-fact ora ents with 'I Ill I1. I 11 IINNW I c vidfJ S• J rrCmF rY Secretary, ePg :Hopp Ifo authorityCom defined bands,undetakied in ins, i)' j'y§,.cencin poii Iblige sofcase,for lknds; d on id alfofficers rss e may removempany,toy ce actor deliver at affix agenthe anseal oIi diy - of the Company to bonds,undertaking , 7 ces, s Ip oblige sofall kinds;and said otBcers may any such attorney-in-fact Olt revoke any POA previously gmnte erson. ol, (Ii "I �, RESOLVED FURTHER,that an ond,unde ,gni cosuretyship obligation shall be valid and bind upon the Company: 11'11 : (i) when signed by the President o any Vi rest ands. - and sealed(if a seal be required)by any Secretary or Assistant Secretary,or , 11 a II I; ii�iN (ii) when signed by the President or any i e 'dent . or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly a lx''�. , authorized attomey-in-fact or age'.q' II((((______ ,_ : 111111'1 ^Ills (iii) when duly executed and scale.(if a v require one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced 11111'11 , 1j1I1L by the power of attomey issue.4, : ompany to sac person or persons. III 1::A i RESOLVED FURTHER,that the si.na re of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification SLOE NZWIG III thereof authorizing the execution and deli cry of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal +I �I 11I9PIi when so used shall have the same force and effect as though manuallyaffixed. 8 - 1111111!111,H1 IIII` IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto o y li affixed this 14th day of December,1995.tTNI (Y^/ �i� 1 ! 11 11 I' D �es� �/ey �y69iLc.,�/x�ate-0J_ l l l John E.Savage,Pres ddent ___ Karen G.Cohen,Secretary giaiwE-41111l:.J:. State of California 04+. 11 I,111111 II� County of Los Angeles Illlll I'N °f. On December 14,1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or 111Illi proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that d tlINS he/she/hey executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)tin t in�(rugenjth�er3gn oyhegnti)a•ugpn}Ieh i - 1f _ 11 nl1l of which the persons)acted,executed the instrument. i — •` 'Onmn °""" WITNESS hand and official seal. PEGGY A LOFTCN 11111 SNS '•",„ r �.. I �77�P9......... �• `—Q _ n, - i r r Notary Public-CaofaNv _ ;p,, Q' p'`3 C.,0% Signature (Seal) A, LOSANSI=Coalty i11h lil . 2- 1n''T e y .LoOon,Notary Pu My Comm BcpUe®NpB 1999 I'1 N Z '1995 / 1 01 �� AA$-...:4 ,...z. "� 4li • 5230 Las Y"i' a 1 11111rllll :I '11111111111I1wI11�h111ry1111111 i1 III I'll'I'111111' u111111IIIIIIII ll1 IV1111111NIINNN Ill) AIN AA 4--,: t3 tilli'1' �\ AIli 1 ! 111 NCif " W r genes Road, Calabasas CA 91302 TEL 818 S71-2900- n 1_ P • ALL-PURPOSE ACKNOWLEDGMENT • State of California I ICounty of SSgin Met-Jen } Ss. •I On 4 I I G !17 before me, /IAA in • )i4 n e k tC , I • (DATE) n (NOTARY) • personally appeared e �ir GNER( ,��,1+ SIGNER(S) • I ❑ personally known to me - OR- k. proved to me on the basis of satisfactory I • evidence to be the person(s) whose name(s) • Iis/are subscribed to the within instrument and I . acknowledged to me that he/she/they executed • Ithe same in his/her/their authorized I • capacity(ies), and that by his/her/their -• Isignature(s) on the instrument the person(s), I • or the entity "upon behalf of which the • Iperson(s) acted, executed the instrument. I • o.1 MAR-i PONTE I • Aro ;+--� • comm.#11,25a9 WITNESS my hand and official seal. � I I + so• a'; NOTARY FUBIE CALIFORNIA e s„'-'7' •CM and Coutly of San Francisco ..- a. My Comm.spires Feb.22• ,20001 • • ,OT ARDS SIGNATURE • I I • " OPTIONAL INFORMATION • IThe information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- I • edgment to an unauthorized document. • I CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT I • • I ❑ INDrvroUAL 0 • Cpl CORPORATE OFFICER Pr-o'er/7(s nall-"ti / / Pr/r r I+tA2�(p f O4-ot I I / ncr i/e i S// I`n vi !-r-o'er/ (s TITLE OR TYPE OF DOCUMENTI T (5) • • ❑ PARTNER(S) ❑ ATTORNEY-Bv-FACT ' • I ❑ TRUSTEE(S) NUMBER OF PAGES I • ❑ GUARDIAN/CONSERVATOR • I ❑ OTHER: I • I • DATE OF DOCUMENT II I • SIGNER IS REPRESENTING: • INAME OF PERSONS)Olt FrrY(IES) euFP.�{,....a U A;soe-a 1' Lc I •.0 bia CBIS Acw,herr OTHER • Sese Sale 50105 01101110505 O•e•O•O..0•11;..0• APA 1/94 VALLEY-SIERRA,800-362-3369 BOND NO. 1331995 TRACT #8980 - HILTON GARDEN INN PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and CUPERTINO HOTEL ASSOCIATES, LLC 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 AMWEST SURETY 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 FIVE HUNDRED THREE THOUSAND AND NO/100THS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (5 503,000.00*** THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or' its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to -be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184. 1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns ,in any suit brought upon this bond. Labor and. Material Bond Page 2 • And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be perform-'d thereunder or the specifications accompanying the same'shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. • IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 12TH day of SEPTEMBER_ , 1997 CUPERT `o L P ATES, LLC BY: /Princip iw (To be signed by Principal — ` and Surety. Notary acknowledgments required.) AMWFST SURETY INSURANCE COMPANY Surety By: 'A, ' .. Attorney-in- t =oQ"l�C CAROLYNE S.-COOK • • The above bond is accepted and approved this day of , 19 e • 0 • 6/17/85 • ALL-PURPOSE ACKNOWLEDGMENT State of California 1. } ss. County of CONTRA COSTA • • II On SEPTEMBER 12, 1997 before me, GAIL-L.- BARTLETT , • (DATE) (NOTARY) • I personally appeared CAROLYNE S. COOK SIGNER(S) I I ® personally known to me - OR- CIproved to me on the basis of satisfactory • evidence to be the person(s) whose name(s) I Iis/are subscribed to the within instrument and I I acknowledged to me that he/she/they executed • the same in his/her/their authorized I • capacity(ies),. and that by his/her/their • signature(s) on the instrument the person(s), I • or the entity upon behalf of which the I Iperson(s) acted, executed the instrument • !I �5 GAIL L. BARTLETT'1 I ,�, COMM. 1136914 WITNESS my hand and official seal. • I (6NANTRA COSTA COUNTY- T : My Comm.Expires May 12,2001 1 • ItE / • / • 40/ 6 ,' 0 I • OT . 'S SIGNATURE • 1 I • OPTIONAL 'INFORMATION I The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- • edgment to an unauthorized document I CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT • • • ❑ INIVI ❑ CORPORADIDUAL TE OFFICERLABOR AND MATERIAL BOND i I TITLE OR TYPE OF DOCUMENT TITLE(S) • • CIIPARTNER(S) • ® ATTORNEY-IN-FACT • THREE I ❑ TRUSTEE(S) • NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR • I0 OTHER: I • • I SEPTEMBER 12, 1997 I DATE OF DOCUMENT • •. I SIGNER IS REPRESENTING: • I NAME OF PERSON(S)-OR ENTITY(IES) AMWEST SURETY INSURANCE COMPANY • OTHER • L•_•_•_•_•_._._. O.0• APA I/94 VALLEY-SIERRA.800.362-3369 '9,9,2.,..4,7 1 kk ma �0 1 1'; i1 r w� 1 »� 111tigi i\j FiP' I-711QVV I �Irc 't I. Io � kik kali 9 r .I atf'I" a^;'" �;, a n,��,y��� v . L �^� .11911141V19.91.291..9119119111 c " J it � .•S' —t r. - tfrogdar it i.[ g - z. i '1 ear EXPIRATION DATE 6-06-99 - POWER NUMBER 0000744875 1 r - __ READCAREFULLP _ ._ - � 1 This document is printed on white paper containing the artificial watermarked logo 04(Ie )of Anima Surety Insurance Company(the"Company")on the front and brown security paper on the back. Only unaltered originals of the POA are valid. Thimwes POA may not be used in conjunction with any other POA. No ds bay 1 1 0 representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the Stateof California and is only valid until 1 til the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission f!'1- win"i of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at IIT' (415)362-1188 TTT"' tri �I 1111'rll KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does hereby make, constitute and appoint: _ w�'' ROBERT P.MOSER - - h[0001! - RONALD,J.MARENGO on im CAROLYNE S.COOK - �_ . - - AS EMPLOYEES OF PUTNAM,KNUDSEN&WIEKING,INC. i MINI 5 A ti l ' l its true and lawful Attorney-in-fact,with limited power and authority for and on behalf ofthe Coinpanya sur to xecute, eh affix the seal of the company Ilii ry11 , thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Ac o rperfo bo or other written obligations in t 4[1109. the nature thereof as follow: I 1 �� s Bid Bonds up to$••1,000,000.00 0 Contract(Performance&Payment),Court,Subdivision 5••2,500,000.00 1 IrltIII Ij+ ll 1 License&Permit Bonds up to 5••1,000,000.00 . - _ Miscellaneous Bonds up to 5!•1,000,000.00 _ - _ #�- 1 t°�! Small Business Administration Guaranteed Bonds up to$••1,250,000.00 — • $ 1 IN 1 and to bind the company thereby. This appointment is made under and by au a By-La ,. e I mpapAudfich are now in full force and effect ` 1611 €t1 I,the undersigned secretary of Amwest Surety Insurance Company,aNe corporation D6 Ht•' •BY . RTIFY that this Power ofAttomey remains in full G! force and effect end has not been revoked and furthermore,that there r At.f the Board .•.• oh-this Power of Attomey,and that the relevant aF . rdifi provisions of the By-Laws of the Company,are now in full force an. -: ct, 111 11 Labor & Material Bond _/,/ _ lav1331995 12 Septe r 7 t llIlia Bond No. gneseaeo �6 - - - ` - r -_- Karen G.Cohen,SecretaIf iry #k - * * * * * * * * * * * ONS • T :CO- r ' • DIRECTORS I♦ * * * * * * * * * * 4§ 51:' This POA is signed and sealed by facsimile under d by autho' o"Fr owirtti i utions adopted by the Board of Directors of Amwest Surety Insurance i,.nil I Company at a meeting duly held on December 1975: ' ` ['Philp RESOLVED,that the President or any i.e s'den;in ntunc wit Secretary or any Assistant Secretary may appoint attorneys-in-fact or agents with •' 1111 r1 authority as defined or limited in the ins :avi encinp po' tment t case,for arid on behalf of the Company;to execute and deliver and aux the seal 111 I'�$o' ; J ;,, of the Company to bonds,undertaking, ces, rp obliga)`Snfss of all kinds;and said officers mayremove any such attorney-in-fact or agent and x, i revoke any POA previously grante mon. �yr�j� I-lr ri 11 .9 RESOLVED FURTHER,that an ond,unde ,, gni suretyship obligation shall be valid and bind upon the Company: '.. j_I (ii) when signed by attorney-in-factthnt or oran�,' ' re 'dent and or Assisetant Secretary,and countersigned nd sealed(if a seal be required)by a duly iu1 Yy (0-when signedby any Ai �and (ifrequired)by any Secretary or Assistant Secretary;or f4� k. auth ized 1 (iii) when duly executed and scale r(if a•.'fy require`�''(S one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced 4 by the power of attorney issu-,a ora an tosuclrperson or persons. 01 Ed dad A RESOLVED FURTHER,that the si na re.of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification II thereof authorizing the execution and del' cry of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal ISI I_9 when so used shall have the same force and effect as though manually affixed. 1�ail III NE I I i�AR 1, IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto I i foi pl it w affixed this 14th day of December,1995. I 1 John E.Savage, dent _ Karen G.Cohen,Secretary f m'; State of California 1.!niEHTualt 1 dE - County of Los Angeles .:F filA 1. On December 14,1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or 1 i j li . proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/theirsignature(s)Rii ttkin cngienf,(hekterso(s),oy[huntgy.ukonkehgl}' j 1 q £ of which the peison(s)acted,executed the instrument. f Tr II ', ' %%%%%%%%%% 11pO""lr. WITNESS hand and official seal. PEGGY IIOFTON •��( \N3J� g am': Cormadonitoma h'I s�/0 -1.), Oqq?., _ ( ' - z •t 5: Notay Ptbtc—CWBtoi ° •c. r` r7, , Signature Q1 }1r �Notary PuSSII„d�Q•�J (Seal) \'hJ LOS M &SS Cally 1 • J ,�•0 "' ��: � d�/'�/°Pj ' ��I Yi x1111 [ Isla it Iililfulil 1 IIIIIi 111 . 11'llll bl �ii. " ✓J DEC.14, 1 Comm. — ^995 / N0,�2.LC AY `i. 1 n u I9 Ia1 =.limb,Fig", BRAS.••'`3,. � *, .9N`d„a` 5230 Las Yirgenes Road Calabasas,CA. 91302 •1•EL818871-2000 ', yro'lonuomr„ - P y • . ' ALL-PURPOSE ACKNOWLEDGMENT r/�•..1•••a••C•e•0•®•0.0 se•e•e•o•0.0.0.0•a•." • State of California • I County of 34o M4 Q 1 85. I I On 9 I IC )q7 before me, Mar ' / O fo k I • (DATE) (NO ART) • I personally appeared Pe Cr fel.“_ 1 SIGNER(S) • 1 ❑ personally known to me - OR- N. proved to me on the basis of satisfactory I • evidence to be the person(s) whose name(s) • Iis/are subscribed to the within instrument and I • acknowledged to me that he/she/they executed • Ithe same in his/her/their authorized I • capacity(ies), and that by his/her/their •• Isignature(s) on the instrument the person(s), I • or the entity upon behalf of which the • I ?y person(s) acted, executed the instrument. • P, MARILYN PONTE • I comm $1088589 1 „a'. iv"C NOTARY PUBLIC CALIFORNIA ` O. Mycorrui �ReytBPyy Francisco 000„ WITNESS my hand and official seal. i I (7/44a4/1,p,3ART'SS P( I • NTSIGNATURE • • OPTIONAL INFORMATION - -- • IThe information below is not required by law. However, it could prevent fraudulent attachment of this aclmowl- I • edgment to an unauthorized document. • ICAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT I • ❑I• CORPORATE OFFICER IKI Lae( I errs e :f— ef Ja 4 ,' Lnet erh 1 TITLE(S) TTITLE CRT OFDOCUMENT i • • PARTNER(S) 1 ❑❑ • ATTORNEY-IN-FACT 2 • I ❑ TRUSTEE(S) NUMBER OF PAGES I • ❑ GUARDIAN/CONSERVATOR • I ❑ OTHER: I • ¶ 11219 7 • DATE OF DOCUMENT • 1 SIGNER IS REPRESENTING: INAME OF PERSONS)OR EN ITY(IES) Ctc cr o �frA ( /1556 aides !sem I Y eanarts ,M{pnbcre OTHER • LIC•0•0•0•0•-•O.0.0.0.0.O•O•O•O•O•O•� APA 1/94 VALLEY-SIERRA,800-362-3369 RESOLUTION NO. 9961 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER CUPERTINO HOTEL ASSOCIATES, LLC, TRACT 8980, WEST SIDE OF WOLFE ROAD @ PRUNERIDGE AVENUE -TANDEM SITE WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer Cupertino Hotel Associates, LLC, for the installation of certain municipal improvements within Tract 8980, west side of Wolfe Road @ Pruneridge Avenue, and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15" day of September, 1997, by the following vote: Vote Members of the Cily Council AYES: Burnett, Chang, Dean, Sorensen, Bautista NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Kimberly Smith City Clerk APPROVED: /s/ John Bautista Mayor, City of Cupertino Resolution No. 9961 Page 2 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of bonds, fees, and deposits as set forth in the following schedule: SCHEDULE OF BOND, FEES AND DEPOSITS A. Faithful Performance Bond: $503,000.00 FIVE HUNDRED THREE THOUSAND AND 00/100 DOLLARS B. Labor and Material Bond: $503,000.00 FIVE HUNDRED THREE THOUSAND AND 00/100 DOLLARS C. Checking and Inspection Fee: $ 25,150.00* TWENTY FIVE THOUSAND ONE HUNDRED FIFTY AND 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 3,000.00* THREE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: $ 5,688.00* FIVE THOUSAND SIX HUNDRED EIGHTY-EIGHT AND 00/100 DOLLARS G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: $ 232.00* TWO HUNDRED THIRTY-TWO AND 00/100 DOLLARS J. Park Fee: Zone II N/A FIFTY-FIVE THOUSAND ONE HUNDRED TWENTY-FIVE AND 00/100 DOLLARS K. Water Main Reimbursement Fee: N/A L. Maps and/or Improvement Plans: As specified in Item #23 of agreement * To be paid by escrow #01088775-1 per escrow instruction.