Loading...
14-149 Installation agreement, 21918 Lomita Ave, APN 357-15-002RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 DOCUMENT: �l��liiY�l'�W!��MIIiP�!�' REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE it5- Pages Fees.... 5.02 Taxes... Copies.. AMT PAID 5.00 RDE # 026 3/23/2016 11:13 AM 3 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: 21918 Lomita Ave, Cupertino, CA 95014 APN 357-15-002 l Original 0 For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated October 1, 2015 for CITY PROJECT NAME: 21918 Lomita Ave, Cupertino, CA 95014 APN 357-15-002 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on October 1, 2015 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: March 23, 2016 By: J ° Lauren Sapudar Senior Office Assistant CUPERTINO Recording Requested By: When Recorded Mail To: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 E NOTICE OF COMPLETION Civil Code §§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: The undersigned is the agent of the owner of the project described below. Owner's full name is: City of Cupertino Owner's address is: City Hall, 10300 Torre Avenue, Cupertino, CA 95014 4. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name: 21918 Lomita Ave., Cupertino, CA 95014 APN 357-15-002 The project was completed on: October 1, 2015 The project is located at: _21918 Lomita Ave., Cupertino, CA 95014 Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. �5i23110 ;Santa Clara County Date and Place i re Timm Borden Director of Public Works and City Engineer RECORDING REQUESTED BY: 0 City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 DOCUMENT: 22702224 Pages: 19 AMT PAID REGINA ALCOMENDRAS RDE # 008 SANTA CLARA COUNTY RECORDER 9/09/2014 Recorded at the request of 1:36 PM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) INSTALLATION AGRE 21918 Lomita Ave, Cupertino, CA APN 157-15-002 E ,, riginal O For Fast Endorsement City of Cupertino INSTALLATION AGREEMENT (Cupertino Municipal Code Chapter 14.04) 21918 Lomita Avenue, Cupertino, CA APN: 357-15-002 This INSTALLATION AGREEMENT ("Agreement") is made and entered into this �d th day Of liu 20 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, ("CITY"), and Junjie Zheng and Yuna Hu, husband and wife ("DEVELOPER") for a new single family residence located at 21918 Lomita Avenue, Cupertino CA. RECITALS 1. DEVELOPER has presented to the City an application for a development entitlement consisting of sidewalk, curb and gutter, driveway approach, AC pavement, underground utilities and other auxiliary improvements (the "Development Entitlement") located at 21918 Lomita Avenue, Cupertino CA (the "Property"). 2. Chapter 14.04 of the Cupertino Municipal Code ("CMC") requires, as a condition precedent to the erection, construction, addition, alteration or repair of any building or structure in certain .designated areas of the City with unimproved streets and for which a building permit is required by the City, installation of certain types of public improvements and/or dedication where deemed necessary by the City Engineer. 3. In consideration of City's approval of the Development Entitlement and pursuant to the requirements of CMC Chapter 14.04, Developer desires to enter into this Agreement promising to install and complete, at Developer's sole expense, all public improvement work required by the City for the proposed development. 4. Developer has prepared and City has approved plans and related specifications (the "Improvement Plans") for construction, installation and completion of improvements. The Improvement Plans titled "Improvement Plans for 21918 Lomita Avenue, Cupertino CA" prepared by H.M.C. Associates, LLP and dated June 2014, are hereby incorporated into this Agreement by reference. NOW, THEREFORE, in consideration of the approval by City of the Development Entitlement, City and Developer agree as follows: Page 1 of 11 1. DEVELOPER'S OBLIGATION TO INSTALL IMPROVEMENTS a. Completion of Improvements. Developer, at its own expense, shall furnish, install, and construct all improvements required by the City Engineer pursuant to Chapter 14.04 of the Cupertino Municipal Code, or as amended, in a good and workmanlike manner and as shown on the Improvement Plans as approved by the City Engineer of Cupertino and in accordance with existing ordinances and resolutions of the CITY and other applicable laws. The decision of the City Engineer shall be final as to whether any material or workmanship meets the plans, specifications, and standards as set forth. b.. Compliance with applicable laws and rules. - Developer shall complete the Work 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. C. Repair and replacement of damaged public facilities. Developer shall, at its own expense- repair.or replace all public improvements, public utility facilities, surveying monuments and other public facilities that are destroyed or damaged as a result of any work under this agreement. Developer shall promptly notify the City Engineer of such damage and shall obtain the City Engineer's approval of all repair and replacement of damaged facilities. d. Developer's responsibility until City's acce tance. Until City accepts the Improvements, Developer shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to the improvements. City shall not have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by City. City's acceptance of the Improvements shall not constitute a waiver of any defects in the Improvements or Developer's obligation to repair such defects as provided in section'9 of this Agreement. 2. TIME FOR INSTALLATION OF IMPROVEMENTS a. Required time of completion. DEVELOPER shall install and complete the Improvements 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 i:he 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. No final inspection shall Page 2 of 11 be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed, such as sidewalks, handicap ramps, street lights, etc. 3. DEDICATION OF EASEMENTS OR RIGHTS OF WAY No dedication required. 4. QUITCLAIM DEED DEVELOPER, when requested by the CITY, shall quitclaim all his/her rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project. DEVELOPER agrees to execute a "Quitclaim Deed and. Authorization" in favor of CITY, when presented to him/her for signature. 5. SECURITY a. Required Security. Prior to execution of this Agreement, Developer shall provide the following security to City in a form acceptable to the City: (1) Faithful performance. Security for faithful performance in the amount set forth Part A .of the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by reference as Exhibit A. (2) Labor and Materials. Security for labor and materials in the amount set forth Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS, attached and incorporated by reference as Exhibit A. b. Form of Security. Developer shall provide as security, bonds executed by a surety company authorized to transact a surety business in the State of California and approved by the City as to sufficiency. In the event that the DEVELOPER shall fail to faithfully 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 cell on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do so. In lieu of a. surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY (1) Cash; (2) A cashier's check, or a. ceirtified. check payable to the order of the City of. Cupertino; or (3) A certificate of deposit, or instrument of credit acceptable to the City and meeting the requirements of Government Code Section 66499 (b) or (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 faithful performance surety bond. In the event that the DEVELOPER shall fail to faithfully 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. Page 3 of 11 c. Release of Security. No release of surety bond, cash deposit, check or certificate of deposit shall be made except upon approval of the Director of Public Works. Schedule for bond and insurance release for paper bonds areas follows: (1) Release of 90 percent of the faithful performance bond upon acceptance by the Director of Public Works. (2) 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. (3) 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. (4) 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. 6. PAYMENT OF REQUIRED FEES a. Permits and licenses. Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City:ordinance, including but not limited to the fees described in this Agreement, and all taxes required by law. b. Fees. Developer shall pay fees in the amounts set forth in Exhibit A, including but not limited to the following, as required: (1) Inspection Fees. 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 executi��n of this AGREEMENT. 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. (2) Storm Drainage Fee. 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 Resollution 4422, March 21, 1977. (3) Map Checking Fee. 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. (4) Park Fee. DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution .of this AGREEMENT, as is required within Section 18-1.602, Park Land Dedication, Cupertino Municipal Code. Park fees are calculated in accordance with action adopted by the City Council on March 19, 1,991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code. (5) Reimbursement Fee. DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a reimbursement fee for any street improvements that have been installed by the City, or by another property owner. Developer shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement Page 4 of 11 reimbursement charge for the improvernents which the City or another property owner, installed on the street abutting or included in the benefited property, in an amount equal to the total improvement costs for each particular benefited property as set forth in a reimbursement agreement. Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: (i) Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvements reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. . (ii) Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid., (iii) Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. 7. DEVELOPMENT MAINTENANCE DEPOSIT DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth in Exhibit A as a development maintenance deposit. City may use the deposit at its discretion to correct deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise during or after the construction of the development, and to obtain copies of approved plans for the CITY's files: If the costs exceed the amount deposited, DEVELOPER shall pay actual overage prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at the time all bonds are released in:accordance with paragraph 5 of this agreement. 8. STREET TREE INSTALLATION DEVELOPER shall fund the City for purchase and planting of street trees as deemed appropriate by the City Engineer; or shall, at the discretion and at such time as deemed appropriate by the City Engineer, plant street trees in conformance witlh•the standards of the City of Cupertino. The variety, number and location of trees are subject to City's prior approval. 9. MAINTENANCE AND WARRANTY a. Developer guarantees and warrants the Improvements and agrees to remedy any defects, damages, or imperfections in the Improvements arising from faulty or defective materials or construction of the Improvements for a period of one year after City's acceptance of the Improvements. Page 5 of 11 b. If, within the warranty period, the Improvements or any part of the Improvements fail to.fulfill any of the requirements of this Agreement or the Improvement plans and specifications, Developer shall repair, replace or reconstruct tiny defective or otherwise unsatisfactory parts of the Improvements without delay and at no cost to City. If (a) Developer fails to commence repairs within thirty (30) days of the date of mailed written notice from City, or (b) City determines that public safety requires repair before Developer can be notified, City may, at its sole option, perform the required repair itself. Developer agrees to pay the cost of any repairs City performs pursuant to this agreement and City may, at its option,, recover that cost as a Lien against Developer's property. 10. SANITARY DISTRICT DEVELOPER shall file with the CITY; upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that. the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to :serve all lots within said Project. 11. GOVERNMENT COSTS DEVELOPER shall file with the 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. 12. UTILITIES DEVELOPER shall pay to Pacific Gas and Electric Company, AT&T, and/or appropriate utility companies, 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 the DEVELOPER is notified by either the City Engineer, Piacific Gas and Electric Company, AT&T, or appropriate utility companies that said fees are due and payable. 13. EASEMENTS AND RIGHT-OF-WAY Developer shall acquire any easement and right-of-way necessary for completion of the Project at its own cost and expense. However, that in the event eminent domain proceedings are required, the CITY for the_ purpose of securing said easement and right-of-way, 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. Page 6 of I 1 14. HOLD HARMLESS AND INDEMNIFICATION DEVELOPER shall indemnify and hold harmless CITY, its officers, agents and employees from and against any or all claims, loss, cost, expense, damage or liability, resulting or in any way arising out of Developer's performance or nonperformance! of his/her. duties under this Agreement, or from negligent acts or. omissions or willful misconduct of Developer's agents, employees and contractors, or subcontractors. Developer shall, at his/her own cost and expense, defend any and all actions, suits or legal proceedings that may be brought against the City, it officers, agents and employees resulting from or arising out of Developer's performance or nonperformance of his/her duties and obligations under this agreement, 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. 15. INSURANCE DEVELOPER shall maintain in full force and effect: at all times during the term of this Agreement, 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 additional 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 onbehalf 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 be licensed to do business in the state of California and provide proof of their ratings. All ratings should be Best's Guide Rating of A, Class VII or better or that is acceptable to the CITY. Each of said policies of insurance shall provide coverage in the following minimum amounts: for general liability for bodily injury, personal injury and property damage $1,000,000 each occurrence, with'an aggregate limit of not less than $2,000,000. DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER evidence of insurance coverage satisfactory to the City. Each policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least thirty (30) days advance notice thereof. In the event that the Improvements. are situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the required insurance shall also name the other jurisdiction(s) as additional insured. 16. MAPS AND/OR IMPROVEMENT PLANS Page 7ofII Developer shall provide CITY with the following maps and/or plans at the DEVELOPER'S expense: A. A mylar blackline and three (3) prints of fully executed parcel map. B. A mylar blackline and three (3) prints of fully executed improvement plans. C. A scan in raster format of all executed improvement plans and map. D. One (1) % size prints of fully executed plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and maps. If costs exceed the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. 17. SUCCESSORS AND ASSIGNS -COVENANT RUNNING WITH THE LAND This Agreement shall inure to the benefit of, and be binding upon the heirs, administrators, successors, assigns and transferees of the Parties, and shall be recorded in the Office of the County Recorder and constitute a covenant running with the land. Upon any sale or division of the Property, the terms, covenants, conditions and restrictions of this agreement shall apply to each parcel, and the owner or owners of each parcel shall succeed to the obligations imposed upon developer by this Agreement. 18. FAILURE TO PERFORM In the event developer fails to perform one or more of the covenants and conditions of this agreement, City at its option shall have recourse to the security given to guarantee the performance of such acts. City may, at its option, do or cause to be done, the acts required of Developer and shall have recourse against as much of the security is necessary to discharge Developer's responsibility. City shall also have recourse against developer for any and all amounts necessary to complete the obligations of developer in the event that the security is insufficient to pay such amounts. All administrative costs, including reasonable attorney's fees incurred by City in addition to the costs of the improvements shall be proper charges against the security and Developer. 19. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Developer to City shall be addressed to City at: Page 8 of 11 City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Public Works Director All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: H.M.C. Associates, LLP 12280 Saratoga -Sunnyvale Rd. #209 Saratoga, CA 95070 20. GOVERNING LAW AND ATTORNEY FEES This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) .Any suits brought pursuant to this; Agreement shall be filed with the courts of the County of Santa Clara, State of California. If City sues to compel Developer's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Developer agrees to pay all attorney's fees and other costs and expenses olliclitigating incurred by the City, even if Developer subsequently resumes and completes the work. 21. ' RELATIONSHIP OF PARTIES Neither Developer nor any of its contractors, employees or agents. shall be deemed to be agents of the City, in connection with the Performance of Developer's obligations under this agreement. 22. - SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. 23. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by'both City and DeVCIoper. All unchecked boxes do not apply to this Agreement. Page 9 of 11 IN WITNESS WHEREOF, the Parties have caused -this agreement to be executed by their respective, duly authorized officers on the date listed above. Approved as to form: \-ILY r%LLV11ICY Attach Notary acknowledgement Exhibit: Exhibit A - Schedule of Bonds, Fees and Deposits State f California County of� , On -1 L I �f betae me, J`� G U U Notary bliC, 'son appeared who proved tome on the basis of- ati ac ory evidence to aeisr ^ whose namels) i- bscribed to the within inshument and ocOr u!enyf to me thathelshe a Ixecuted the same in hislher t' thoiiled c000(.itvpAs, and that by hislher! gnoturels) on the inshument the personis!. ')e ent n� upon behalf of which fhe personis) acted, executea I cerMly andrr PENALTY OF PERJtlRY r the laws of the SMnlu n1 that 1•he foregot ng p r h Ls t WITNESS my hand and oft�ial seal. Page 10 of 11 CITY OF CUPERTINO: Timm Borden, P.E. Director of Public Works DEVELOPER: Junjie Zheng, Owner Yuna Hu, Owner EROSE Ali�f1A DtiAZ C4f1r/IA. 1111 2030133 NOTARY PUffitC • CAUFORM f! SANTA CLARA COUNTY MY COW.'EXP. JUNE21, 2017 CALIFOORMOA ALL-PURPOSE ACI{NOOVJLEDG v ENU CIVIL DE § 118 State of California County of On ���I��,(oe.- 2 , 20l `t' before me, Date Name and W e of the Officer personally appeared ! /'. �.� .,., _ o I- -le0 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)' s re subscribed to t e within instrument and acknowledged me that he he/they executed the same in hi.5�her/their authorized capacity(je's), and that by %,(:rsonK s/her/their signature(' on the instrument the KIRSTEN RENEE SCUARCIA or the entity upon behalf of which the _ = Commission # 1906898 Z personwacted, executed the instrument. a - Notary Public - California z Z � `- y Santa Clara County D I certify under PENALTY OF PERJURY under the laws My Comm. Expires Oct 4, 2014 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: c Signature of Nota ublic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this firm to an unintended document. Description of Attached Document Title or Type of Document: i, < Document Date: �� �7 / 6 f z�ly -T Number of Pages: l� Signer(s) Other Than Named Above: ,[ t,e Z/ e_ti e, , %vac, y� Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: © 2013 National Notary Association o www.NationalNotarp,.org o 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Page 11 of 11 $24,900.00 $24,900.00 $2,707.00 $1,000.00 $942.86 $ 0.00 ME $0.00 $338.00 Exhibit A SCHEDULE OF BOND'S, FEES, AND DEPOSIT Street Improvement Category: PART A. Faithful Performance Bond: 110-2211 PART B. Labor and Material Bond: 110-2211 PART C. Checking and Inspection Fee: 110-4538 PART D. Development Maintenance Deposit: 110-2211 PART E. Storm Drainage Fee -- Basin 3: 215-4073 PART F. Street Light — One -Year Power Cost: 110-4537 PART G. Map Checking Fee.: 110-4539 PART H.. Park Fee - Zone III: 280-4083 PART L ` . Street Tree Installation Fee: 110-4567 Page 11 of 11 $24,900.00 $24,900.00 $2,707.00 $1,000.00 $942.86 $ 0.00 ME $0.00 $338.00 FAITHFUL PERFORMANCE AND COMPLETION MDROVEMENT BOND KNOW ALL MEN BY THESE PRESENTS: - That we Junjie Zheng and Yuna Hu as Principal and WESTERN SURETY CQMpANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Twenty Four Thousand Nine Hundred and no/] 00 Dollars (S 24,900.00 ) we bind ourselves, our heirs, executors, successors, and assigns, jointly and severally, firmly by these presents. THE COMMON of the foregoing obligation is ,nwh that, r WHEREAS, said Principal will perforin -. all necessary improvements relative to I n s t a i l a t i on 21918 Lomita Avenue, Cupertino, CA, APN: 357-15-002 Agreement located for 21918 T,Omi to AvA Cyper ;Lno in accordance with the approved improvement Plans prepared by HMC As s n C i a t P -� , r l,P _ Civil Engineer on file in the Engineer's Office, City of Cupertino, and incorporated herein by reference. WI-IEREAS, 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 full force End effect through the period of maintenance as provided in said contract. The maintenance period shall continue until such ti= 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 THUEFORE, 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 done and performed at the time and in the warmer specified therein, then this obligation shall be null and void, otherwise, this bond shall remain in full force and effect In witness whereo> this instrument has been duly executed by the Principal and Surety this 251h day of July . 2014 (To be signed by Principal and Surety.. `-- - - Notary Acknowledgements required.) Principal WESTERN SURETY COMPANY Surety By: L. Davis, Ass't. See.. Attorney -in -Fact Tba above bond is accepted and approved this day of .20 2/4/oo State ol Co ;foinia, County of V On U before me, Notary Public, Personally appeared Ti ljo who proved to me DD the basis of saris act who name i ubscribed to the within and that by- islt:e[(tnonMSigrroNreUx upon behalf of w ch the persc I ce►tity under PEKAITY OF PERJURY that the foregoing rf! WITNESS my hand and official se executed the instrument. Annual Premium $ 747.00 CUPElq1N0 BOND No. 71570155 FAITHFUL PERFORMANCE AND COMPLETION MDROVEMENT BOND KNOW ALL MEN BY THESE PRESENTS: - That we Junjie Zheng and Yuna Hu as Principal and WESTERN SURETY CQMpANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Twenty Four Thousand Nine Hundred and no/] 00 Dollars (S 24,900.00 ) we bind ourselves, our heirs, executors, successors, and assigns, jointly and severally, firmly by these presents. THE COMMON of the foregoing obligation is ,nwh that, r WHEREAS, said Principal will perforin -. all necessary improvements relative to I n s t a i l a t i on 21918 Lomita Avenue, Cupertino, CA, APN: 357-15-002 Agreement located for 21918 T,Omi to AvA Cyper ;Lno in accordance with the approved improvement Plans prepared by HMC As s n C i a t P -� , r l,P _ Civil Engineer on file in the Engineer's Office, City of Cupertino, and incorporated herein by reference. WI-IEREAS, 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 full force End effect through the period of maintenance as provided in said contract. The maintenance period shall continue until such ti= 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 THUEFORE, 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 done and performed at the time and in the warmer specified therein, then this obligation shall be null and void, otherwise, this bond shall remain in full force and effect In witness whereo> this instrument has been duly executed by the Principal and Surety this 251h day of July . 2014 (To be signed by Principal and Surety.. `-- - - Notary Acknowledgements required.) Principal WESTERN SURETY COMPANY Surety By: L. Davis, Ass't. See.. Attorney -in -Fact Tba above bond is accepted and approved this day of .20 2/4/oo State ol Co ;foinia, County of V On U before me, Notary Public, Personally appeared Ti ljo who proved to me DD the basis of saris act who name i ubscribed to the within and that by- islt:e[(tnonMSigrroNreUx upon behalf of w ch the persc I ce►tity under PEKAITY OF PERJURY that the foregoing rf! WITNESS my hand and official se executed the instrument. I i CUPERTINO acoF Recitals BOND No. 71570155 LABOR AND MATERIAL BOND FOR SUBDIVISION IMPROVEMENTS 1. The City of Cupertino, California, and Junjie Zheng and Yuna Hu (hereinafter referred to as "Principal", have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,. dated 120 , and identified as project/tract no. * is incorporated by this reference as if set forth in full; and, Installation agreement for 21918 Lomita Ave Cu ertino C 950yq, 2. Pursuant to the agreement, Principal is required, before comiencutg performance o� 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 3482). NOW THEREFORE, the Principal and the undersigned as corporate surety (hereinafter referred to as "Surety's their heirs, successors, assigns, executors and administrators, jointly and severally are held bound unto the City of Cupertino and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the agreement and referred in the aforementioned Civil Code in the sum of Twenty Four Thousand Nine Hundred and no/100 dollars ($ 24.900,QQ )Jor materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to :arch 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 judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, 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 performed, then this obligation shall become null and void, otherwise, it shall be.and remain in full force and effect. The surety hereby stipulated and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall, in any manner, affect its obligations on this bond, and it does hereby w4dve notice of any such change, extension, alteration or addition. 2/4/0o . .:KF.. .. . IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 25th of July 20 14 (To be signed by Principal and Surety. Principal and Surety. Notary Acknowledgments to be attached). Principal WESTERN SURETY COMPANY Surety By.L,,Ay-iDas, Asr't. Sec. - Attorney -in -Fact The above bond is accepted and approved this day of , 20 Sta*p^Mperi'O+nN , County of"01denceto `a V-GOn before d°lotappeared� i11i1who proved to me the basis ofnce to the persowhose nam bscribed tent -and ocknowledto meths xecutedthguthorite capaci ,sand that it natur sa per$ {s�, r the e i upon behalf of the perso s)s) acted, executed the instrument. I certify under PENALTY OF PERJtlRY under Me laws of the State of Ca t rnio that the foregoing o his tcue�ac rre t. 1 WITNESS my hand and officials MONICA B.'LE:AL w COW 91981880 NOTARY PUBLIC • CALit:ORNIA SAN MATEO COUNTY MY COMM. EXP. JUNE 1/, 2016 I Western Sum�ty Company POWER OF ATTORNIEY - CERTIFIED COPY Bond No. 71570155 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint L . DaV i c _ its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Junj ie Zheng and Yuna Hu Obligee: City of Cupertino Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent: as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby.conferred shall expire and terminate, witlitout notice, unless used before midnight of July 25 2015 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its corpora e 6AA*,, e affixed this 25th day of Jt11y , 2014 CA SOUT A !OU N1 tar "eA ss WES / SURE Y COMPANY Paul T. flat, Vice President On this 25th day of July , in th(! year 2014 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and d of said r or do }bbb 44bbbbbbbbbbbbbbbbbbb } i S. PETRIK r ^NOTARY PUBLIC . -� Notary s SEAL SOUTH DAKOTA SEAL i y Public - South Dakota r r �4bbb4bb^bbbbbbbbbbbbbbb } My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock ,orporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 25th day of July 2014 - Form F5306-8-2012 WES R SURE Y COMPANY Paul T. uflat, Vice President ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA (Corporate Officer) County of Minnehaha SS On this 25th day of July 2014 ,before me, a Notary Public in and for said County, personally. appeared d L. Davis, AWL See. personally known to ,me, who being by me duly sworn,. did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South .Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed -and executed on behalf of said corporation by, authority of ;its -Board- of DirE:ctors, ,and furtheracknowledge. that the..said_ instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF,*I have'hereunto subscribed my name and affixed my official seal the day and year last above written. My commission expires C. ANKENY My COMMISSion Expires 4-10-2017 Form 103-12-98 Notary Public S "NO ]FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. 21918 Lomita Ave, (Cupertino CA 95014 APN 357-15-002 to the City of Cupertino, a governmental agency, is hereby accepted by the order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: September 2, 2014 By: Andrea ders Senior Office Assistant