97-081 Li, Kam T and Betty W. Sunboro Development Corp, Improvement plans and agreement, 22363 Stevens Creek Boulevard, APN 326-50-011, Resolution No. 9988 a DOCUMENT: 14386606 Titles: 1 / Pages: 3
RECORDING REQUESTED BY II II 111
I 1111 I I II
I I 111
11II II Cop i es. .» NNo Fees
.7014386606. P
AMT PAID
City of Cupertino
BRENDA DAVIS RDE # 006
WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 9/11/1998
Recorded at the request of 4: 14 PM
City Clerk's Office City
City of Cupertino ���(
10300 Tone Avenue q�
Cupertino, CA 95014-3255 •
N
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOV. CODE 6103
CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION
KAM T. LI AND BETTY W. LI
SUNBORO DEVELOPMENT CORP.
APN 326-50-011
22363 STEVENS CREEK BOULEVARD
•
•
•
ORIGINAL
❑ FOR FAST ENDORSEMENT
14-„, City Hall
�0 .
10300 Tone Avenue
e 4 (so) ay Cupertino,CA 95014-3255
,• (408)777-3354
-
City of FAX(408)777-3333
Cupertino
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:
KAM T. LI AND BETTY W. LI
SUNBORO DEVELOPMENT CORP.
APN 326-50-011
22363 STEVENS CREEK BOULEVARD
have been completed in accordance with the approved improvement plans and acceptance of
completion was ordered by the City Council on September 8, 1998.
A der
D' ctor of Pub is Works and
Ci t) Engineer .'. the City of Cupertino
Date: September 9, 1998
Printed on Recycled Paper
VERIFICATION
I have reviewed this Certificate of Completion and 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 10th day of September 1998 at Cupertino, California.
Stc>
Administrative Clerk
City Clerk's Office
City of Cupertino
AGREEMENT
APN 326-50-011
22363 Stevens Creek Blvd.
Kam T. Li and Betty W. Li
This AGREEMENT made and entered into this day of Oe? , 199 7, by and between
the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and Kam T.Li and Betty W. Li hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, THE DEVELOPER has made application to the CITY to SECURE A
BUILDING PERMIT to construct Single Family Home hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications prepared for
the Project by HMH, Incorporated, 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
called the "Plans", and the work to be done under the Plans shall be called the "Work".
Page 1 of 11
File No.: 52,077
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: Off-site: $ 27,500.00
On-site: $ 11,000.00
PART B. Labor and Material Bond: Off-site: $ 27,000.00
PART C. Checking and Inspection Fee: (Includes Grading Permit) $ 1,465.00
110-451-510
PART D. Indirect City Expenses: N/A
PART E. Development Maintenance Deposit: $ 1,000.00
110-206-100
PART F. Storm Drainage Fee: Basin 3 $ 415.69
Account#: 215-415-003
PART G. One Year Power Cost $ 75.00
110-451-508
PART H. Street Trees: By Developer
PART I. Map Checking Fee: N/A
110-451-520
PART J. Park Fee: ZONE III N/A
ACCT#: 480-416-033
PART K. Water Main Reimbursement Fee: $ 2,252.70
610-460-200
• PART L. Maps and/or Improvement Plans
As Specified in Item#23
Page 2 of 11
NOW, THEREFORE, 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:
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 done in accordance with existing ordinances and resolutions of the CITY
•
Page 3of11
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.
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.
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
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.
4. 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
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 OTHER SECURITY
A. Upon the execution of this 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
Page 4 of 11
dedicated, and any improvements are 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.
1. Schedule for bond and insurance release for paper bonds are as follows:
A. Release of 90 percent of the faithful performance bond
upon acceptance by City Council
B. Release of the remaining 10 percent of the performance
bond at one year from acceptance after all deficiencies have been
corrected and in the absence of any claim against such bond.
C. Release of the entire labor and material bond at six months
from acceptance after all deficiencies have been corrected and in the
absence of any claim against such bond.
Page 5 of 11
D. Liability insurance,provided by the developer to hold the City
harmless in the event of liability arising from the project,to be retired
at the end of one year if all deficiencies have been corrected and in the
absence of any claim against such insurance.
2. Schedule for Bond and Insurance Release for Cash, CD, Set-Aside Letter
are as Follows:
A. Release of 45% of bond upon acceptance by City Council.
B. Release of additional 45% at six months from acceptance
after all deficiencies have been corrected and in the absence of any
claim against such bond.
C. Release of remaining 10% at one year from date of
acceptance after all deficiencies have been corrected and in the absence
of any claim against such bond.
D. Release of the liability insurance, provided by the developer or
contractor to hold the City harmless in the event of liability arising
from the subject project, at the end of one year if all deficiencies have
been corrected and in the absence of any claims against such insurance.
E. No interest shall be paid on any security deposited with the CITY.
6. 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 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
AGREEMENT, indirect expense allocable to processing these improvements, the amount
as set forth herein at Page 2 (Part D).
Page 6 of 11
•
8. 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).
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 surety bonds or other security permitted
under paragraph 5.B 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 surety bond or other
security permitted under paragraph S.B.
10. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution
of this AGREEMENT, a storm drainage charge in connection with the 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 (N/A)
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 the CITY prior to execution of this
AGREEMENT, the amount as set forth herein at Page 2 (Part G), which amount represents
the power cost for street lights for one year.
Page 7 of 11
. 13. 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.
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 Section 18-1.602 Park Land Dedication,
Cupertino Municipal Code, 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
Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code.
15. MAINTENANCE OF WORK
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 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.
16. SANITARY DISTRICT (N/A)
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 15 above
has been filed.
17. GOVERNMENT CODE
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 bonds, have been
complied with.
18. CENTRAL FIRE DISTRICT (N/A)
It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this
AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County,
Page 8 of 11
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.
19. PACIFIC GAS AND ELECTRIC/PACIFIC BELL (N/A)
It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company
and/or to PACIFIC BELL Company 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 Company that said fees are due and payable.
20. EASEMENTS AND 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 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.
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, except to the extent any of the foregoing is
caused by the negligence or willful misconduct of the CITY or the CITY's agents,
employees and independent contractors.
22. 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
Page 9 of 11
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.
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, $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.
The CITY shall be shown as additionally insured on a separate "Additional Insured
Owners, Lessees or Contractors" (Form A) or(Form B) Endorsement provided along with
the evidence of said foregoing policy of policies of Insurance
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. MAPS 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 seven(7)prints of fully executed parcel map.
Page 10 of 11
•
B. A mylar sepia and ten (10)prints of fully executed improvement plans.
C. A direct duplicating silver negative microfilm aperture 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. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and
transferees of the DEVELOPER. The assignment of this AGREEMENT shall not be
made without approval by the City Council of the City of Cupertino.
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:
LAr :022
itMayor
•
City Attorney City Jerk
DEVELOPEE •
•
am T. i
•
� D 2'
Betty Li
Notary Acknowledgment Required
Exhibit A Attached
Page II of 11
State of California
County of Santa Clara
On September 17, 1997 before me, the undersigned, a Notary Public in and
for said State, personally appeared Kam T. Li and Betty W. Li,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) are subscribed to the within instrument
and acknowledged to me that they executed the same in their
authorized capacity(ies) , and that by their signature(s) on the
instrument the person(s) , or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and of ial seal.
NI
J. CDAWCOMM. N1053109
/ NOTARY PUBLICCALIFORNIASinatur ' //// SANTA CLARA COUNTY O
a�� My Comm. Expires Mar.28,1999—`
Name Qo-DAW
typed or printed) (Seal )
•
• BOND NUMBER 007009376
FAITHFUL PERFORMANCE SONO PREMIUM $770.00
•
BOND PREMIUM BASED 014
KNOW ALL HEN BY THESE PRESENTS: • FINAL CONTRACT PRICE
THAT WE. KAM T. LI ANDBETTY W. LI
as Principal and FAR WEST INSURANCE COMPANY
as Surety'are held and firmly bound unto the City of Cupertino, State of California,
in the sum of THIRTY EIGHT THOUSAND FIVE HUNDRED & 00/100 Dollars
($ 38,500.00 ) 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 9-12-97
with the Obligee CITY OF ,CUPERTINO
to do and perform the following work to-wits
OFFSITE IMPROVEMENTS - 22363 STEVENS CREEK BLVD.—CUPERTINO, CALIFORNIA
NOW, THEREFORE, if the said Principal shall yell 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 affect.
IN WITNESS WHEREOF, this instrument has been duly S executed7by the Principal
and Surety this•
25TH day of SEPTEMBER ,
7
•
(To be signed by Principal
• and Surety and acknowledgment.) t •
RAM T' LI AND BEg ry ^' T.T
Principal
FAR WEST INSURANCE OMP- 4. .
ShlL
y 425 CALIFORN ST.,. STE. 350
SAN FRANb SCO, CA 94104
By: IJE ‘.LL_iJ_A
Attorney- act — U:C /. Y M. GIPSON
ii
da of SEPTEMBER T 19 97,
The above bond is accepted and approved this25TH Y
State of California
County of SANTA CLARA
On OCTOBER 22„ 1997, before me, the undersigned, a Notary Public in and
for said State, personally appeared KAM T. LI AND BETTY W. LI
personally ]mown to me (or 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 that he/she/they executed the same in his/her/their
authorized capacity(ies) , and that by his/her/their signature(s) on the
instrument the person(s) , or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
LEEANN MICHAEL
O �� e 5 COMM. #1024165 ffiCn
2 '`®" '�, NOTARY PUBLIC-CALIFORNIA +
Signature (n y SANTA CLARA COUNTY 0
My Comm. Expires May.28,1998
Name: LEEANN MICHAEL (typed or printed) Dame�a�e�
(Seal)
• ' BOND NUMBER 007009376
PREMIUM INCLUDED IN PERFORMANCE
BOND
' LABOR AND MATERIAL BOND
!KNOW ALL HEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of Cali!eraia, and
• RAM T. LI AND BETTY W. LI
•
•
• 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 mese particularly described in said contract;
and incorporated herein by reference.
WHEREAS, laid Principal is required to furnish a band 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 FAR WEST INSURANCE'COMPANY
•
as Surety, firmly bind ourselves., our executors, ad�istrators, 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
contact hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implezemts 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 beenbeSEVEN
paid
by PrioTHO &or by any by/00 ipalother person,
•
in the just and full sum of
. (1 27,000.00 ). .
• •
TBE CONDITION OF 'THIS OBLICATION 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 ar about the performance of the work contracted ;a
.be done, or for any work or labor thereon of any kind, or for amounts due ander
• the Unemployment Insurance Act with respect co such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
' Mc and 3150 will pay in case suit ie 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 tofile
claims
under
oSection
net184.1 o f the
Code
igns f
CtnI Ftecedute, so as to sive lrga n
_ _
any suit brought upon this bond. -__ .
Labor and Material Bond page 2
•
Md the said Surety, for value received, hereby stipulates, and agrees
chat 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 teras 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 25TH day of SEPTEMBER - , 19 97
RAM T. j AND BETTY W. LI
Priacip•'1
(To be signed by Principal
and Surety. Notary -
acknowledgments required.) FAR WEST INSURANCE COMPANY
Surety425 CALIFORNIA ST. .STE. 350
SAN FRANCISCO, CA 94104 . .
By: I L'� l.-.Ai • li .4..ta
Attorney- Fact I
CECILY -IPSON
•
The above bond is accepted and approved this 25TH day of
SEPTEMBER , 19 97.
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n
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6/17/85
_ :4
: - Far West NOTARY ACKNOWLEDGMENT
Insurance Company
State of CALIFORNIA
County of SAN FRANCISCO
On 9-25-97 _ before me, SUSANNA K.P. TRUONG (here insert name)
Notary Public, personally appeared
('RCTLY M. f.TPSON
personally known to me (or proven 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 that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
°"r SUSANNA K. P. TRUONG
.. ,°s COMM. #1077508
0 G," I' NOTARY PUBLIC-CALIFORNIA
a • ° SAN FRANCISCO COUNTY
Signature (\ (Seal) Y „,„. My Comm. Expires Nov. 12, 1999
/"'per. b v w v v v
CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING
o INDIVIDUALS 0 PARTNERS 0 GUARDIAN/CONSERVATOR NAME OF PERSON(S)ENTITIES
❑CORPORATE OFFICERS IQ/ATTORNEY-IN-FACT 0 OTHER
❑TRUSTEE(S)
ATTENTION NOTARY: Although the information requested below is optional,it could prevent fraudulent attachment of this certificate.
THIS CERTIFICATE MUST BE Document Title or Type:
ATTACHED TO THE
DOCUMENT DESCRIBED Number of Pages: Document Date:
HEREIN: SIgner(s)other than named above:
BM-F1 004(3/96)
State of California
County of SANTA CLARA
On OCTOBER 22„ 1997, before me, the undersigned, a Notary Public in and
for said State, personally appeared KAM T. LI AND DEITY W. LI
personally known to me (or 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 that he/she/they executed the same in his/her/their
authorized capacity(ies) , and that by his/her/their signature(s) on the
instrument the pA son(s) , or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. b LEEANN MICHAEL ]
COMM. #1024165
2 ' ?..--E NOTARY PUBLIC-CALIFORNIA
Signature CI1•9k4_, (fJ �-„.m
SANTACLARACOUNTY C7
My Comm.Expires May.281998
Name: LEEANDT MICHTEL (typed or printed)
(Seal)
•
fre- r " iMiTED ° O. . f R oWA gR N,EY
s
.Far-West,Ii surance,Company, ° . . . f
EXPIRATION DATE �`'��• POWER NUMBER
q 5-21'=99 .. . ... ,. ...•� 0000.7__38222 Y .
d'IR A ; ;,' ' r— READ CAREF,ULLK' _ _ - _^_. :
x This document is printed on white paper containing the artificial watermarked logo( )of Amwest Surety Insurance Company,the parent co.of Far West '•Ross
° ' " Insurance Company(the"Company"),on the front 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,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 the expiration date. Tlie Company shall not be liable on any limited POA which is fraudulently produced,forged or
. otherwise distributed without thermi£siori;Foie Company. Ari +
peypartyconcemed about the validity ofthis POA oran accompanying Company bond should
'
` call yourlocalbranchofce •
at (415)962-1188 <L f v '- :__ _ ;,, _
a`
KNOW ALL BY THESE PRESENT,that Far West Insurance Company,a Nebraska corporation(the"Company"),does hereby make, a4
constitute and appoint: 'i L
°� 3EUSAN:C MICKELSON TMAN lznAr a, //g re..-1.
b 4' t;+:+ brriern-•) sti �:�
CECILYM.GIPSONPr"J' dill+ 0 dr'1 Ji.9' r 1 . fl
JOYCE A.TABIRA .:
¢
AS EMPLOYEES OF FAR WEST BOND SERVICES _
'-''S - hon
! •. 'omu .,
�its true and lawful Attorney-in-fact,withe limited'power and authority forand on behalf of the Company ty t execute ID - affix the sealof the company
" .-
thereto ifasealisrequired onbonds,undertakings,recognizances,reinsurance agreement for a Miller�fcl�o perfo once ••d or other written obligations in "'
"°: the nature thereof as follow:
'tip ALL BONDS S••5,000,000.00 _ , • - t
a °1 Small.Business AdmhdstratlotiGuaranteed Bonds:Wito$••1,250,000.00` ;°-a e°4 �Y°'
d°�ea Fede/alContract(Performance."&Payment)S•!'.•587,000.00 .f r _ , 's s`" C
and to bind the company thereby. This appointment is made under and by authority a yr,La the mpa4wlfich'are now in fill force end•effect.
.I,the undersigned secretary of Far West In•surance Company,aNebrask§ on,DO _ • at this Power of Attorney remains in full force and ..e
'" effect and has not been revoked and furthermore that the resolutions ofl6e of Di s orth at
of Attorney,and that the relevant provisions of s
Ism. the By-Laws of the Company,are now in full force and effect. YYY
It
11"y°x" :v• • !,'C�a - ,r Wt.. Ni .4.Q*. �f"-`••+ t8.,dg,°
BoridNo�007009376';+`.Signed&seated thi'Z T_ a o S - _ 9 .1 - •j'�`'`' '" r"� fr ..
e..r . i.Lr e- . ✓Li I'_ Lam. 't--7 Gam_,. Karen G.Cohen,Secretary= •°` '
• * +II ♦ O ♦ ♦ • ♦ * • RES IONS F OA F DIRECTORS • * * It 9! * * * * *
Article II,Section 7 of the By-Laws of Far West urance Compan •. P is sign d sealed by facsimile under and by the authority of the following
resolutions adopted by,the Board estof Directors o Fa estlm ora yat�mee dulyheld on July 28,1983;m-.,,, 3
" e " .. RESOLVED that the President or any•a ' es ant,inJQn eta wi eke(
or4any'Assistant Secretary,may appoint attorneys-in-fact or agents with a
,r" s''authority as defined or limited in the ins,•• me dentin deo ....vatic.
nt in c case for andlonbehalfofthe Compahyto execute and deliver and affix the seal s -•'
' to it 'of the Company to bonds,undertaken.• `:.. .. ces, ty•s7(ip o ions of all kinds;and said officers may remove any such attorney-in-fact or agent and P.„
3 II` revoke any POA previously granted to c person. w ¶
, RESOLVED FURTHER,that any •�.,uncle 'ng, gni suretyship obligation shall be valid and bind upon the Company: i
(i)•when signed by the President or any Vi res • tan es and sealed(if a seal be required)by any,Secretary or Assistant Secretary;or • o-
ii hen signed the President or an ent or AssistantSecre andcountersi ned and sealed(if seal be'required)b adul `
C)- tin Y Y _ tory Secretary, tt ( ,reg ) Y Y - I
141 authorized attorney m-fact or age Kon P,.; r s .5 ‘Cr :id �- _ ' -- —'
(iii)when duly executed and sealed(i required) ne or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced
by the power of attorney issued by e ompany to such person or persons.
RESOLVED FURTHER,that the sign re of any authorized oficer.and the seal of the Company may be affixed by facsimile to any POA or certification "97 `
a'^ �thereofauthorizing the execution and deliveryofany bond,undertaking;recognizance,or other suretyship obligationsofthe Company and such'signature and seal r sk..
when so used shall have the same force aria effect as though manually affixed. Iry +`` v-- 6
'0101 r'• LJd ••• J'i./ .s sac., v- e1 v Gss .. S-.b �� 0
IN WITNESS WHEREOF,Far West Insurance Company has caused thesepresents to be signed its proper officers,and its corporate seal to be hereunto affixedffir;,
Ag.,,..;, P Y g by P PTo _
this 14th day of December,1995. -
�+ . ! ,..' - ,°`.0 '., _e
�;j• 1:...' y John E.SavageP° dent Karen G.Cohen,Secretary
State of California
County of Los Angeles I.VI I
s=°= 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 •
l e,P II I' ;proved to me on the b'esis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that Ail AlIl '_he/she/they executedthesame in his/her/tlieiiauthorized capacity(ies) and Mat by his/her/their,signature(s) in mi eri he er^ n o he nti u n eh ¢6 0i'
L,ie %-of which the, ypon(sI acted.executed the instrument a r� --- - ... -
.ar rr>
`ooao'u um,y WITNESS r hand and official seal. '-•; pl:GYl ,(OFION
VRAN 2Mt Ca v dan#106EDa °
c p(l %q qT 0.,,-- ( �1 .; a in-''•"5i Nolta(r ptblC-ColkniO;- `
pf 6- Signature }1, O. (Seal) Sia•-n� (mm ExpksCarty
C01.2;- '3 � 0 a Logon No Pu _ • + - _ - ARy-- -ExptM/W7 --'- °v
Z� 1995 its: _ _ .,11
5q s /..
Fe s'.e4b Insiirance Company-
/. Post ��a l�„ U�nN t � lulls„`R^xF. „Mao�I !s
Far est-kms lVWinne,ill. ��A R
* .. pr y_ 91365-4500TEL 818 871-2000 R .
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