97-089 E & H Third Family LP, 10480 S. Stelling Rd APN 359-13-086 AGREEMENT
10480 S. Stelling Road
APN 359-13-086
This AGREEMENT made and entered into this%0 day of I99_7, by and between
the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and E & H Third Family Limited Partnership,a california limited
partnership hereinafter designated as DEVELOPER.
WITNES SETH
WHEREAS, THE DEVELOPER has made application to the CITY to SECURE A
BUILDING PERMIT to construct Single Family Homes hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications prepared for •
the Project by Kenneth Nelson 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".
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Page 1 of t l
File No.: 52,059
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:
PART A. Faithful Performance Bond: $ 31,000.00
110-206-100
PART B. Labor and Material Bond: $ 31,000.00
110-206-100
PART C. Checking and Inspection Fee: $ 1,744.00
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 $ 457.00
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: $ 381.00
110-451-520
PART J. Park Fee: ZONE I $ 31,500.00
ACCT#: 480-416-011
PART K. Water Main Reimbursement Fee: N/A
610-460-200
PART L. Maps and/or Improvement Plans
As Specified in Item#23
Page 2 of I I
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 3 of I 1
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
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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
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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.
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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,pricr 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 I I
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. WAIER 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 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 I I
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
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
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 I I
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
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 I 1
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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:
/'. twat
/ Or Mayor
Af-/ 1
City Attorney LCity C erk
DEVELOPER:
E&H Third Family Limited Partnership,
a California Limited Partnership
By: Emily Chen, General Partner
Notary Acknowledgment Required
Exhibit A Attached
Page 11 of 11
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State of California
Title ot YP of Document
SS. NumberorP.gea Date ofDocument
Signet(s)Other than named Wow
County of Santa Clara
On February 11,1997 before me, Wai Ling Chu
Notary Public, personally appeared . Emily Chen
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
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. wai LING CHU
I ;,fir;\ COMM.#1076475
Signature (Seal) t'" ty,�: NOTARY PUBLIC w
N v• CALIFORNIA
o_ R SPI;'/ SANTA CLARA COUNTY
ATD-I (Revised 1/93) , EXPIRES DEG 1, 19,9
BOND ./// 4191995
PREMIUM $ 744.00
TWO YEAR-PREMIUM':SUBJECT'TO
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND RENEWAL
(Subdivision Impruvementa),
KNOW ALL MEN HY THESE PRESENTS:
THAT WE, THE E AND H THIRD FAMILY LIMITEIPPARTN$RSHIP
as Principal and DEVELOPERS INSURANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of THIRTY ONE THOUSAND AND NO/1005----
Dollars ($ 31.000.00 _)
lawful money of she United States, for the pnynucnt of which will snd truly to be made,
we hind ourselves, our heirs,, executors, successors, and assigns. jointly and severally.
firmly by these presents.
THE CONDITION of the foregoing obligation is such that.
WHEREAS, said Principal will perform all necessary improvements relative to
10480 S. STELLING ROAD APN 359-13-086
located CUPERTINO, CA
in accordance with the approved improvement plans prepared by KENNETH NELSON
Civil Engineer
on file in the Engineer's Office, City of Cupertino, and incorporated herein by reference.
WHEREAS, improvements shall be completed within one (1) year from the date of
acceptance of this bond by the City Council.
WHEREAS, improvements shall be maintained for a period of at least one (1) year
after acceptance of construction by the City. This bond shall be in Lull fucce and
effect through the period of maintenance as provided in said contract. The maintenance
period shall continue until such time that all deficiencies of construction are corrected
to the satisfaction of the City Engineer's office.
WHEREAS, Principal and Surety shall be responsible for any and all damages arising
under the original contract.
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the
covenants and obligations as set forth above, on its part to be dime and performed at
the time and in the manner specified therein, then this obligation shall be null and
void; otherwise this bond shall remain in full force and effect.
IN WITNESS WHEREOF. this instrument has been duly executed by the Principal and
Surety this 11TH day of FEBRUARY , 19 97 .
(To be signed by THE E AND H THIRD FAMILY LIMITED PARTNERSHIP
Principal and Surety. Principal G �
Notary Acknowledgments By:
required.) DEVELOPERS INSURANCE COMPANY
Surety ALO
By:
Attorney-in-Fact RICHARD S. SVEC
The above bond is accepted and approved this day of.
19
6/17/85
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of Santa Clara
On February 11, 1997 before me, Jean L. Neu, Notary Public �
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") r r)
8 personally appeared Richard S. Svec r
( Name(s)of Signer(s) 9
QA personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) '
ciwhose name(s) is/are subscribed to the within instrument F2
cl and acknowledged to me that he/she/they executed the li
same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s) on the instrument the person(s),
1.1 or the entity upon behalf of which the person(s) acted,
j�¢ JEAN L. NEU C/) executed the instrument.
I¢ p COMM. #1010868
3t NOTARY PUBLIC-CALIFORNIA O
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Si Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent a
(g fraudulent removal and reattachment of this form to another document.
Description of Attached Document �$)
Title or Type of Document:
3 Document Date: Number of Pages: r•
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RIGHT THUMBPRINT RIGHT THUNBPRIM '
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01995 National Notary Association•8238 Pommel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827
BOND 11 419199S
PREMIUM: INCL. IN PERFORMANCE
BOND
LABOR AND MATERIAL BOND FOR SUBDIVISION
IMPROVEMENTS
Recitals
1 . The City Council of the City of Cupertino,
THE E California, and LIMITED MR THIRD
(hereinafter
referred to as "Principal" ) have entered into an agree-
ment whereby Principal agrees to install and complete
certain designated public improvements, dated
1997 , and identified as project/tract no. ** is' in-
corporated by this reference as if set forth in full;
and,
2. Pursuant to the agreement, Principal is requir-
ed, before commencing performance of the work, to file a
good and sufficient payment bond with the City of
Cupertino to secure any claims brought under Title 15,
Division 3, Part 4 of the Civil Code (commencing with
Section 3082) .
NOW, THEREFORE, the Principal and the undersigned
as corporate surety (hereinafter referred to as
"Surety" ) their heirs , successors, assigns , executors
and administrators, jointly and severally are held bound
unto the City of Cupertino and all contractors, sub-
contractors, laborers, materialmen and other persons
employed in the performance of the agreement and refer-
[CC.DEF.FP. 1 ] 1
** 10480 S. STELLING ROAD
red in the aforementioned Civil Code in the sum of THIRTY ONE
THOUSAND & 110/100s-dollars ( $ 31,000.00 ) , for materials
furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to
such work or labor, that the surety will pay the same in
an amount not exceeding the amount hereinabove set
forth, and also in case suit is brought upon this bond,
will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City of Cupertino in
successfully enforcing such obligation, to be awarded
and fixed by the court, and to be taxed as costs and to
be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all per-
sons , companies and corporations entitled to file claims
under Title 15 (commencing with Section 3082) of Part 4
of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought
upon this bond.
Should the condition of this bond be fully per-
formed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and
effect.
The surety hereby stipulates and agrees that no
change , extension of time, alteration or addition to the
[CC.DEF.FP. 1 ] 2
terms of said agreement or the specifications accompany-
ing the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any
such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly
executed by the Principal and Surety on FEBRUARY 11
199&
THE E AND H THIRD FAMILY LIMITED PARTNERSHIP
Principal
By:STATE OF OF CALIFORNIA, )
ss.
COUNTY OF
On , 199 , before me, the under-
signed, a Notary Public in and for said State, personal-
ly appeared
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 acknowl-
edged to me that he executed the same.
WITNESS my hand and official seal.
Notary Public in and for
said State.
DEVELOPERS INSURANCE COMPANY
Surety /
By: 24C
RICHARD S. SVEC, ATTORNEY-IN-FACT
STATE OF CALIFORNIA, )
ss.
COUNTY OF
On , 199 , before me, the under-
signed, a Notary Public in and for said State, personal-
[CC.DEF.FP. 1 ] 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-a sac ck csC c _a_a..A.a-_ _ a a_vXS a. w• - sC_v.._n'.n-.s -A-at n cit w-�.�-w-wtc� ,c.-_w_a,_w. - _ -ncfSfis
It x
State of California
s
County of Santa Clara
¢ yl
I. On February 11, 1997 before me, Jean L. Neu, Notary Public , Sl
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') , k1
0 personally appeared Richard S. Svec
Name(s)of Signer(s)
E personally known to me–OR-❑proved to me on the basis of satisfactory evidence to be the person(s) 0
whose name(s) is/are subscribed to the within instrument
•
e and acknowledged to me that he/she/they executed the sl
¢ same in his/her/their authorized capacity(ies),and that by 1
his/her/their signature(s)on the instrument the person(s), 1
JEAN L. NEU or the entity upon behalf of which the person(s) acted,
o --s, -,; COMM. �;Dmass executed the instrument.
"� - T NOSANT PCLARACOUNTy
� "�� SANTA CLARA COUNTY 0 an
(� a.. My Comm. Expires Dec.5,1997 –' y
WIT SS my han.`nd official seal. :,)
PA U;aaaMnyAA ,.AAAAL-A/.nAAM AMA / 4_,/
s)
Signature of Notary Public S
OPT/AL - - 's1
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
1 fraudulent removal and reattachment of this form to another document.
y1 •1
It Description of Attached Document a
I sl
I¢
Title or Type of Document: a
•
y Document Date: _-_ - Number of Pages: »1
Signer(s) Other Than Named Above:
is s
ii Capacity(ies) Claimed by Signer(s) s)
fe 9
Signer's Name: Signer's Name:
r`
¢ ❑ Individual ❑ Individual
e ❑ Corporate Officer ❑ Corporate Officer
I Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
Ie ❑ Trustee ❑ Trustee
(¢ RIGHTTHUMBPRINT RIGHTTHUMBPRINT )
'Y ❑ Guardian or Conservator OF SIGNER ❑ Guardian-or Conservator OFSIGtER
I ❑ Other: Top of thumb here ❑ Other: Top of thumb here 1
(e
(C
I.
Signer Is Representing: Signer Is Representing:
a."- .� ' `.'_.. `...=. `. ``2..2..-.ti,. s '�- -r `'.„?• '. . '.• s _, -. ' ' 6' 'C.4 �L" .._•`.. .•.t
®1995 National Notary Association•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800.876-6827
ly appeared
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 acknowl-
edged to me that he executed the same.
WITNESS my hand and official seal.
Notary Public in and for
said .State.
APPROVED AS I
if
City Attorney
The above bond is hereby accepted and approved on
. 19
CITY OF CUPERTINO .
By:
•
(CC.DEF.FP. 1 ] 4
POWER OF ATTORNEY OF
INDEMNITY COMPANY OFCALIFQRNIIA
AIT QEVVELOP RS INSURANCE COMPANY �re .2'9'.5 2�'
Iaeo;::0Ox 19725,11;0001E,CA's27n3.*Ql4a fl44ago
NOTICE. 1. All power and eon:M ty hereingranted shallie. went terminate on theatst day of Mardth,5299:
2. this.Power M Attorney lavoiduifaitered or if any portion is erased.
3, This Power of Attorney is void unless the sealis readable,leetext s In brawn ink.the signatures are in bluer kand this notice is in red Ink
4. This-Rower of Attorney should not be returned to the Auorney(s)-In-Fact;but should remaim a permanent parteithe oblig$s fecords.
1 t*a W AVL MEN BY TelP,SE PliPSEtk'tS,that et etjt as agptassly lmykad,INnEMNITY COMPANY CE CALIFQRNfA end Qgil LOPERS lN,JRANCE geek PA4NY,do each
seyaaliy isainplojoinhy illeriaby,OPAhsHelatilbteanp apP010.1
etiplE9,9Etta 01.0teit E t1.09*A,JCtHh1600,h$PONA I SlitOy,A aINirel QR SEVEMLOt't`
the olid amddlatl'ffil Attorney,ketTeet,to Metal eipeuke,delrver and acknowledge,tpEllricli•OiNntiolt of snidicorpofaticns as,siuetiea hands,undedalring5 andeet tttt'aots:ol-s rewship
.inan amount not exeeeding ltye:Mi lien Flee Hundred Thousand N011ars($2,500,Odd)in anyting(e,utidertalitng giving endlgraribng a ptet stld Momey(s)-ir Factdull poWCr affd'autintri y
to da ancib perform.every bet necessary,reetiislfe=er Proper trty,lieidonAln cooneotirfn therewith areA06h df sold eorpetatm5ne edeldlda but reaerving to each of art fppr
power of,eu'bst1tution and reYotatelny and all pfbheabm df sardAttorney(b)-1ntliact,.pbrattehtto Otago press its,afoiherebyrcatiferd Inti coatirsrpad,:
011ie Shia'EoweY of Attorney Is graotrej mndlta algnediby fa almlte-Under and bv`Metto ntyt tlie!tdllowtdg,resolutioens ticiAtectiby the respective Bparpitai Dlreet6is,of7II$bEN1Naty.
'COMPANY QF CALIPSINIA aod.'QEYEtLOi?EHee INBURANCE'COMPANY,effective as of September 2d,1906: .
IRESQLyWO,that the Clea man ofihsuffeard.thePresfdentand any Vibe Pr'deidpnt.of,the cotporetloii Ilk aid tbat_each of Vhem,befebygt aft_thoi124d to executelPowefa of
Attorney,quell ing the attornety(M tiamedl,h the Pe,Wets af,Attorney to exeeut6,en'benalf of iiia ootporation,"bertnsr undertal;Inge and contracts of suretys?hip,and:thatlbe Secretary
or bny=A:sistant Seeratary of the ootpeetibn'be;and each of thereereby is,aulhadredto afte+ttSh_a axecutipn'of zany such Power of Attorney;..
RESt91,VSTt,.PURTHERt That the signatgms of suohpufflcers Matt be7afaxed 4d:any:such(Power o(Aztorrfey ark'_.ady dertlfloafereIabng theretp:by fac4linlle,and anysUich
Po_werof Attorney or.danifleate bee ingSuch faps_frt iia slgnaluressha;iebe valid:andibinding uldmntire a)rporatleri whensd.afslgredand In tlte.fururewte-i reaplet to eny bpnd,.undertaking
or ntract of surety'
coshiptO whidh'tbds attachert;
IN+APITNESS•iliiI PF,INDEMNITY COMPANY 011 OALIr41 PlIA and iteigLOPF_RS INSf1Fi'ANCE COMPANY.AIaeesevardlfy caused ttesepresantstit be sfghertliA'tlepir Faspectivp
Piesidenta and atteetee by their rcepuctwe Ss retarles this Ilitit day of Juno,1946
INDEMNINCieletiNY OP OAW:IFONNIA;. ieENELOPER61N9CRANCy COMPAt'W
iii l k
I 11"::!'1,:.rl r 1'
l A ' 5 P4
y r
PY 'a e iEx� a
D4.ie e G`trirwanit er eiiN N it feF Vann Sntl It 1:0' , yl0 911 yp
tPresddeht O¢'P�?• I Piea'dent �- �. oti_et t, 4t0,-
—' RG7'.5 9-I.'
ATTEST �dt 2 T'lA b 7 t;'
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n ,-_-= • e/ 41 ,P 3y‘r , b -.IFO tf
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W llyhY 3tot%U- Waher�Cmwell
Secrtient '.Sheretary
•
fi PATE'OF CAl1FORNfbA )",
'.)'.S$.
COi7N1Y OFpsAisIOF,. ),
On dune J4,Iggt beiiGe die ON',ittrintperserte.appeared Dante F V nosntt Jr.and Wilibr Orriwati pereenatly-known ter ran(crploved toune+om theibasis aPeatfs ecileryr
evrdeace)tg:petfte persei%p)whoseilarna(bjila/masi iscrrbedtmtho,wlthin instrument and tiokhow,tedgod,to rhothat`hse?sfio[ttey exesufsrl:ith"esamaIn hrsr€terttiteivadhorlead!
cepacltypas),and the by hisfherttlieir sigeeturefs)en theinEtnfineht the Perabble),ortha enfityicoon berfelt of whieh t{ie'pe!•'a`pn(8).acted,executed the ihstrltrnont.
1MtmESS'cry iancltered':biticial seal,. iy
Signature _'d a` -- - hg" OCITMini70i Wilif0tiNNN
Cl3AN6c CMIrt
ih aritimillegtAut a,9:"
CERTIFICATE .°. . ..
'1 he ur3derwgneeb;es Sehior'Vtde Praeedehf of INDElMMNtTYICOMPANY OF CALIFORNIA and SefnerVicaPresident cTOFziraopF.NS INSt1FRA14CE COMPAN:IY;Idoes hereby,
pertify that Mirforegoing Plitt attachect Power of Atictney retells in-fell force•andihe nellbeennevolked;andturtfiermare,titer the pfaeittionr of the resolution"tithe 1000senve
t9Aardr W birectors reflaaleithe1Pere0aits settanhuur rte Pews of Attorney,Mend force ae of thevdataoitthrs Qeitificate:
This:Ce tifleate is exesut d in the City otilnnher Calcite's,this 1 1 t'day of +@1 �Tiiir -'v.' ,199 7
1INOEMN1TY•COMPANY OP CALIFORNIA ,dyPp,NY l?FVELOPERS INSURANCE COMPANY ,
r 345
By_ — L r uote
SonloredsePresdon$ • . ,` 7aSenior Vice President
NiF0 t€`