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80-014c - Cable TV C.A.T.V.Facility Co., Reso 5840t as 10300 Torre Avenue Cupertino, California95014 Telephone: (408) 252-4505 - - OFFICE OF THE CITY CLERK April 15, 1982 Attention: James T. O'Dea CATV Facility Company P. 0. Box 1450 Alameda, California 94501 City of Cupertino IMPROVEMENT AGREEMENT - RESOLUTION NO. 5840 Dear Mr. O'Dea: P.O. Box 580 Cupertino, California95015 We are enclosing to you one (1) fully executed copy of the Agreement by and between the City of Cupertino and C.A.T.V. Facility Co, and one (1) copy of Resolution No. 5840 which was enacted by the City Council of the City of Cupertino at their regular meeting of April 5, 1982. Since eiy, 1, DOROTHY CORNE IUS CITY CLERK CITY OF CUPERTINO DC/so encl. RESOLUTION NO. 5840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING IMPROVEMENT PLANS OF PROPERTY LOCATED ON IMPERIAL AVENUE; DEVELOPER CATV FACILITY COMPANY AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of improvement plans of property located on Imperial Avenue by CATV Facility Company; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit), fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said improvement plan herein referred to is hereby approved. b. The City Engineer is hereby authorized to sign said improvement plan. C. The Mayor and the City Clerk are hereby -authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City council of the City of Cupertino on the 5th day of April 1982 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Reed Sparks ATTEST: Mayor, City of Cupertino /s/ Dorothy Cornelius City Clerk Resolution No. 5840 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Commercial Building C.A.T.V. Facility Company LOCATION: Imperial Avenue A. Faithful Performance Bond: $16,600.00 Sixteen Thousand Six Hundred and no/100 Dollars B. Labor and Material Bond: $16,600.00 Sixteen Thousand Six Hundred and no/100 Dollars C. Checking and Inspection Fee: $ 870.00 Eight Hundred Seventy and no/100 Dollars D. Indirect City Expenses: $ 130.00 One Hundred Thirty and no/100 Dollars E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $ 555.00 Five Hundred Fifty -Five and no/100 Dollars G. One Year Power Cost: $ 36.00 Thirty -Six and no/100 Dollars H. Street Trees: By Developer I. Map Checking Fee: $ 50.00 Fifty and no/100 Dollars J. Park Fee N/A K. Water Main Extension Deposit $ 800.00 Eight Hundred and no/100 Dollars L. Water Main Reimbursement (to City) $ 806.25 Eight Hundred Six and 25/100 Dollars A G R E E M E N T ® This AGREEMENT made and entered into this day of �1G1'GL1 A9 19el, by and between the CITY OF CUPERTINO, a municipal corporation of the State of C �iffoA nia, hereinafter Ur designated as CITY, and C.A.T.V. FACILITI-B CO.,/, hereinafter designated as DEVELOPER. W I T N E S S E T H WHEREAS, the DEVELOPER has made application to the CITY for a tentative map and is securing a building permit from CITY to construct and maintain a commercial building, hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifi- cations prepared for the Project by M and M Consultants; 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." 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: Page 1 SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Requirements - N/A PART A. Faithful Performance Bond: Fourteen Thousand Five Hundred and no/100 Dollars PART B. Labor and Material Bond: Fourteen Thousand Five Hundred and no/100 Dollars PART C. Checking and Inspection Fee: Eight Hundred Seventy and no/100 Dollars PART D. Indirect City Expenses: One Hundred Thirty and no/100 Dollars PART E. Development Maintenance Deposit: Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: Five Hundred Fifty -Five and no/100 Dollars PART G. One Year Power Cost: Thirty -Six and no/100 Dollars PART H. Street Trees: By Developer PART I. Map Checking Fee: Fifty and no/100 Dollars PART J. Park Fee: PART K. Water Main Extension Deposit Eight Hundred and no/100 Dollars PART L. Water Main Reimbursement (to City) Eight Hundred Six and 25/100 Dollars _X//1 '$-�-450 0-. " 1 11 $ 130.00 $ 250.00 $ 555.00 $ 36.00 $ 50.00 N/A $ 800.00 $ 806.25 N��40 OUN NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO -WIT: Page 2 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 resolu- tion. (b) Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real prop- erty 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; said Preliminary Title Report shall be furnished by the Developer. (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 En- gineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole op- tion, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY competes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER's surety or both. Page 3 (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 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 accor- dance 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 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 laying Page 4 beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for sig- nature. 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 faith- ful 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 pay- ment of all labor and materials required to construct said improve- ments. 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 do so. (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 con- ditions 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. Page 5 (d) No release of surety bond, cash deposit, check, or certi- ficate of deposit, shall be made except upon approval of the City Council. (e) No interest shall be paid on any security deposited with the CITY. 6. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all neces- sary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have depos- ited 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). 7A. MAP FILING 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 devel- opment maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or ma- terials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the Page 6 required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9.A 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 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). 9.B WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to 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. 11. FEES FOR THE INSTALLATION OF STREET TREES It is further agreed that the CITY 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. 12. PARK FEES - VaV r- and/or dedicate such land to tha CTT;-�pi execution, as is re - Page 7 is further stipulated under Part J., Page 2 herein. 13. MAINTENANCE OF THE 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 satisfation 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 constructions 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. Page 8 15 . GOVERNMENT CODE r /r/�i�L/C��G�?J execution of this AGREEMENT, substantial a provisions of Section 6649 Art , apter 4 of the Government Code, per- 16. CENTRAL FIRE DISTRICT �%Qlj�jojDG/G� upon execution of this AGREEMENT, a letter from the Cv r� ire Pro- tection District of Santa Clara County, sta a the DEVELOPER has entered into an AGREEMENT with strict to install fire hydrants to serve said Projec Ord stating that all necessary fees have been deposited aid District to insure installation and five (5) year 17. STREET LIGHTING It is further agreed that the DEVELOPER shall apply for the in- stallation of electric power for street lighting at the earliest date possible. 18. P. G. and E. and P. T. and T. It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all fees required for installation of overhead and/or under- ground 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 Telephone and Telegraph Company that said fees are due and payable. 19. 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 DE- VELOPER 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 Page 9 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 com- pletion 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. 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 in- surance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. (a) Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each per- son; $300,000 each occurrence; property damage, $50,000 on account of any one occurrence with an aggregate limit of not less that $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 evi- dence 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 10 days advance notice thereof. Page 10 (c) In the event that the Project covered herein should be mu- tually 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. 22. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successors, assign and transferees of 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 af- fixed 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. Approved as to form: City Attor ey STATE OF COUNTY OF OFFICIAL SEAL MICHELE I McGARRAUGH We NOTARY PUBLIC - CALIFORNIA COUNTY OF ALAMEDA M) 6anlmissioe Expinc March 25,199s PARTNERSHIP ACRNIIWLLUU MtNl rUKM DEVELOPER: ON 16 algeo-11 , 19?'? before rn ,the undersigned, a Notary Public in and for said State, personally appeared rn -77 a'A &79 known to me, to be one of the partners of the partnership that executed the within Instrument, and acknowl- edged to me that such partnership executed the same. WITNESS my hand and official seal. e rr NAME (TYPED OR PRINTED) Notary Public in and for said State. Page 11 STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On 19 , before me, the undersigned, a Notary Public in and for the said State, personally appeared , known to me to be the of corporation that executed the within Instrument, known to me to be thethe person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California To be attached to and form a part of_____S_u b d] V_ S ]. O n C o n t r a c_t _ -_ Bond, No._9 5 7 62 3 8 --.--- -• --- -- •-- -- -- -•• - ------ ------------- 2 2 n d__________________________da F e b r u a r _------------_--___19__- �_2, issued by the FIDELITY AND DEPOSIT dated the--------------------------------- Y°f----------------•--------------...y COMPANY OF MARYLAND, as Surety, on behalf of ------------ gATv__.FAC_I_L I TY COt,APANY -----•---------------------..................................... ------•----------••-------------------------------------------------------------------------------------------- ---------------------------- as Principal, in the penal sum of ------- THIRTEEN THOUSAND AND N01100------------ Dollars(_ 3,0.00.00, Cit of Cu erti.no andin favor of ....................................................... -•---....--y-------------------..�---..__...-•-------- In consideration of the premium charged for the attached bond, it is hereby agreed that the attached bond be amended as follows: It is agreed that the bond penalty is increased from: ($13,000.00) to ($16,600.00) and also agreed that change identification of project to: (Street Improvements Imperial Avenue) Provided, However, that the attached bond shall be subject to all its agreements, limitations and conditions except as herein �� 1:�haity of the Surety unA., th. tf—b.d hnnd and the attached bond as by this STATE OF CALIFORNIA l } CITY AND COUNTY OF SAN FRANCISCO J SS: On this ----------------------- l l t h March . day of----------------------•--••----------•----••---•------------------------19.---•-$--before me ------ -•--••------------------------ ------•'•---------•--•-•------------••••-•------•--•......:..:...:...��.____...__, a Notary Public, in and for the City and County and State aforesaid, duly commissioned and sworn, personally appeared --Paul G. R u s c h ------ -- - - •--------- - - • ------- •-• - known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney -in -Fact of the Fidelity and Deposit Company of Maryland, and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as Attorney-in-Fact. CrriClAL SEAL -•-•--- l+ Notary Pu, is in and for the State of aliforni —� Fy City an County of San Francisco i RA1' CI C0 COUNTY BR (I6) I3t Expires May 31, 1984 �\ The premium charged for this bond is $234.00 - 2yrs Bond No.-95.`2 Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Subdivision Performance Bond KNOW ALL MEN BY THESE PRESENTS, That WHEREAS- ------------------------ CATV---FAQ.I IY-- COMRANY------------------------------------------------------------------------------- and ------------------------ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated------------------------------------------------------------ - 19------------, Street Improvements Imperial Blvd. and identified as project --------- ---------------------- - ---------------------------------------------------------------------------------------------------- ------------------------------------------------------ ----------------- • -------- -------------- is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as surety, are held and firmly bound unto ... C i_t_y___ o f___ C up e -- t--- n o___-_-_ hereinafter called ......... oblige e in the penal sum of---THI_RT_E_EN THOUSAND AND NO/100_---_---_----------------------- ---- ------ ------------------------ --- -------------------- ----------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------- Dollars ($- •,__®C'--- --- lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless ob 1 ] g e e its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. A _ _ ___. _r.L_ __A STATE OF CALIFORNIA COUNTY OF L Is - on c � �F%3�/ /QQf /7 Jbefore me, the undersigned, a Notary Public in and for said State, personally appeared _,,J�,eS T known to me to be1Mio-the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature���� OFFIC;AL SEAL MICHELE J. MCGARRAUGH NOTARY PUBLIC-CALIFORNIA COUNTY OF ALAMEDA My Commission Expires March 25,198 .... 19 ... 8 2_, before me and County and State Ding instrument as the , and acknowledged to ,f Maryland thereto as 9 ------------- .................... 10, Name (Typed or Printed) (This area for official notarial seal) BR (16) 13 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M:. PECOT, JR, , Vice -President, and PAUL E. ZACHARSKI., Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows; "The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Paul G. Rusch of San Francisco, California s true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed. -any and all bonds and undertakings . < x . a m 2 . 9 . r ., ., ;, , ♦ L. z .� n�ecution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Paul G. Rusnh, dated, January 24, 1967s The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ...................e RIQ1------------------------------ day of-........-........._114_ 1141Y ------------------------------- A.D. 19.26.... ,,,..,, FIDELITY AND DEPOSIT COMPANY OF MA YLAND ES °°EPOSr: ATTEST-. nn 2 WI cY�--------------------------------------------------------- By___.__________.______________________._.----------,M��. `�`�` " e'v Assistant Secretary Vice -President STATE OF MARYLAND l SS: CITY OF BALTIMORE 1 On this 21 s,t_ day of J—aly , A.D. 19 76 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the ity of Baltimore, ee dray and year first above written, ,0"gip A ?� ' OTARY' Fd N :N . ------------------- --------------------- --------- ------ 7S *E w e* Notary Public Commission Expires_: id-V__ �_,___ � 9_-____ 'P..... �'� CERTIFICATE I, the undersigned, Assistari� eCretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe- cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this. -..-.—.-2 2 n d----------------------day of ----------- F e b r u a r-y....................... 19._82_. L1419ctfo 1M, 6-80 210997 ----------------------------------------------------------------------------- ........................ Assistant Secretary Premium included in performance bond Bond No.. c I IL E 0 U m i= r E a a L v t a O E 8 Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Subdivision Labor and Material Bond KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, CATV FACI LTY.--COMPANY------------------------------------------------------------------------------ and ---------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------- (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated------------------------------------------------------------ - 19------------- and identified as project ......... _Improvements Imperial Blvd . - - -_ ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------- is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the -----15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the .......... CITY OF CUPERTINO ____•_______________________________________________________________________________ and all contractors, subcontracts, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of THIRTEEN THOUSAND AND NO/100----------------------- s 0 -----• - •------------ ----•---------.-.-------- Dollar ( 3 , C 00 _j,0 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 said 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 _.-... CITY- OF C U P E R.T I N O 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 judgement therein rendered. STATE OF CALIFORNIA COUNTY OF 1! 55. On / /7 O4-IN before me, the undersigned, a Notary Public in and for i said State, personally appeared— known to me to be 6176 OP the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature Name (Typed or Printed) 82 .... 19... .. before me ind County and State ling instrument as the and acknowledged to ' Maryland thereto as OFFICIAL SEAL ✓ /*lam MICHELE J. McGA'.'ZAUGH ?� NOTARY PUBLIC • CALIFORNIA COUNTY OF ALAtvtEDA ,� f. My Commission Expires March 25,1985r y.. __ .......---- BR (16) 13 (This area for official notarial seal)