82-005 Bogohosian and Bidegary; Miramonte Rd Project; Resolution No. 5810RESOLUTION NO. 5810
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO·
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY
LOCATED ON MIRAMONTE ROAD; DEVELOPER, JAMES G. BOGHOSIAN
AND THOMAS M. BIDEGARY; AUTHORIZING EXECUTION OF IMPROVE-
MENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IM-
PROVEMENT PLANS
WI-I~REAS, there has been presented to the City Council for approval
of the parcel map and improvement plans of property located on Miramonte
Road by James G. Boghosian and Thomas M. Bidegary; 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 faith-
ful performance of said work and the carrying out of said agreement;' and
said map, agreement, and bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said parcel map and improvement plans herein referred to are hereby
approved.
b. The offer of dedication for street areas and all easements is
hereby accepted.
c. The City Engineer is hereby authorized to sign said improvement
plans.
d. The City Engineer and the City Clerk are hereby authorized to sign
said parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized tci execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 1st day of February , 1982 by the following
vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Gatto, Johnson, Plungy, Rogers, Sparks
None
None
None
APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Reed Sparks
Mayor, City of Cupertino
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Single-family dwellings
James G. Boghosian and Thomas M. Bidegary
LOCATION: Miramonte Road
A. Faithful Performance Bond:
Forty-Four Thousand and no/100 Dollars
B. Labor and Material Bond:
Forty-Four Thousand and no/100 Dollars
C. Checking and Inspection Fee:
One Thousand Seven Hundred Sixty and no/100 Dollars
D. Indirect City Expenses:
Two Hundred Sixty-Four and no/100 Dollars
E. Development Maintenance Deposit
Two Hundred Ninety-Five and no/100 Dollars
Exhibit "A"
Res. No. 5810
$44,000.00
$44,000.00
$ 1,760.00
$' 264. 00
$ 295.00
F. Storm Drainage Fee: $ 1,238.00
One Thousand Two Hundred Thirty-Eight and no/100 Dollars
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: $ 50.00
Fifty and no/100 Dollars
J. Park Fee: $ 8,100.00
Eight Thousand One Hundred and no/100 Dollars
K. Water Main Extension Deposit: Water Line Shall be Installed
A G R E E M E N T
This
February ,
AGREEMENT
1982 , by
made and entered into thislstday of
and between the CITY OF CUPERTINO, a
of the State of California, municipal corporation
designated as CITY, and James G, Boghosian and Thomas JV!, Bidegary
hereinafter designated as DEVELOPER.
W I T N E S S E T H
hereinafter
WHEREAS, the DEVELOPER has made application to the CITY for a
parcel map and is securing a building permit from CITY to construct
and maintain a hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specifi-
cations prepared for the Project by Allied Engineers, a true copy of
said improvement plans and specifications are on file in the off ice 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, The .DEVELOPER agrees to provide bonds, cash payments, or
other guarantees as outlined herein to assure compliance with con-
ditions of development approval; and
Page 1
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amounts of Bonds, Fees, and Deposits as set
forth in the following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Requirements -N/A
PART A. Faithful Performance Bond: $44,000.00
Forty-Four Thousand and no/100 Dollars
PART B. Labor and Material Bond: $44,000.00
Forty-Four Thousand and no/100 Dollars
PART c. Checking and Inspection Fee: $ 1,760.00
One Thousand Seven Hundred Sixty and no/100 Dollars
PART D. Indirect City Expenses: $ '264.00
Two Hundred Sixty-Four and no/100 Dollars
PART E. Development Maintenance Deposit: 295.00
Two Hundred Ninety-Five and no/100 Dollars
PART F. Storm Drainage Fee: $ 1,238.00
One Thousand Two Hundred Thirty-Eight and no/100 Dollars
PART G. One Year Power Cost: N/A
PART H. Street Trees: By Developer
PART I. Map Checking Fee: $ 50.00
Fifty and no/100 Dollars
PART J. Park Fee: $ 8,100.00
Eight Thousand One Hundred and no/100 Dollars
PARr K. Water Main Extension Deposit: Water Line Shall be Installed
Page 2
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 11 , 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 11 A11 , 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
insurance company relating to
dedication; said Preliminary
furnished by the DEVELOPER.
report issued
the property
Title Report
by a title
offered for
shall be
( 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-
Page 3
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.
( b) The DEVELOPER shall in stall and complete the Work in a good
~nd 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.
Page 4
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
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 per£ orm the coven an ts 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
Page 5
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.
(d) No release
ficate of deposit,
Council.
of surety bond, cash deposit, check,
shall be made except upon approval of
or certi-
the. City
(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 off ice 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
Page 6
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
required repairs to the entire satisfaction of the CITY, the unused
ba_lance 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.
Page 7
12. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees
and/or dedicate such land to the CITY, prior to execution, as is re-
quired within "Park Dedication Ordinance" Number 602, 1972 and which
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
It is further agreed that DEVELOPER shall file with CITY, upon
e'Xecution of this AGREEMENT, substantial evidence that all provisions
of Section 66493, Article 8, Chapter 4 of the Government Code, per-
taining to special assessments or bonds, have been complied with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY,
upon execution of this AGREEMENT, a letter from the Central Fire Pro-
tection District of Santa Clara County, stating that the DEVELOPER has
entered into an AGREEMENT with said District to install fire hydrants
to serve said Project and stating that all necessary fees have been
deposited with said District to insure installation and five (5) year
rental fee of said hydrants.
17. STREET LIGHTING
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
' '
le,gal 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 off ice rs, agents,
and employees of the City individually and collectively, as in sured.
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 iq 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 Counci 1 and said DEVELOPER has hereunto caused
his name to be affixed the day and year first above written.
CITY OF
BY:
Page 11
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On January 19 1 , 19~, before me, the undersigned, a
Notary Public in and for said State, personally appeared
THOMAS M. BIDEGARY and JAMES G. BOGHOSIAN
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.
~;s~··l
NOTARY PUBLIC-CALIFORNIA ~
SANTA CLARA COUNTY '" It
My Commission Expires Nov. I, 19~
(. ,.
~~A ~, t ,. ,,/" / .. c _ __.* . . n<-~-~~bl'lc'>·· 1 ~ otary 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
to be the of , the
corporation that executed the within Instrument, known to me to be the 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
CAUFORNIA
State of
County of
SANTA CLARA
IY060 R4 (9/72)
On Januar~ 25, 1982 , before me, the undersigned,
.a Notary Public uf said county and state, personally appeared ~i'-.
known to me to be the Attorney-in-Fact of
INDUSTRIAL INDEMNITY COMPANY
~~~~~~~~~~~~~~~~~~~~~~~~~~-·
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that 'uch Cmporntio( e~ 7J-_,G-d:,,4._
NOTARY PUBLIC
EXECUTED IN DUPLICATE BOND #YS 842-6556
Aifo"'JAL PREHIU1·1 $ 7 9 2 • 0 0
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMEJT BOND
(Subdivision Improvements)
KNOW ALL HEN BY TS:ESE PRESENTS:
THAT WE, James G. Boghosian and Thomas M. Bidegary
as Principal and Industrial Indemnity Compan~~~
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Forty-Four Thousand and no/100
~~~~~~~~~~~~~~~-~~~---,-~~~~~---=-~~~~Dollars ($ 44,QOO.OO
lawful money of the United States, for the payment of which will and truly to be made,
we bind ourselves, our heirs, executors, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION of the foregoing obligation is such that,
WHEREAS, said Principal will perform all necessary improvements relative to
Miramonte Road ' ':'
_l_o_c_a_t_e_d~~~a~t the northwest corner of Ricardo Road
in accordance with the approved Improvement Plans prepared by Allied Engineers
Civil Engineer ~~~~~~~~~~---,-~~~~~~~~~~~~~~~~~~~~~~~
on file in the Engineer's Office, City of Cupertino.
WHE2EAS, Improvements shall be completed within one (1) year from the date of
Acceptance of this bond by the City Council.
)
t'' <-' j
WHEREAS, Improvements shall be maintained for a period of at least one (1) year after
acceptance of construction by the City. Tl1is bond shall be in full force and effect
through the period of maintenance as provided in said contract. The maintenance period
shall continue until such time that all deficiencies of constr~ction are corrected to
the satisfaction of the City Engineer's Office. . ~
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 done· 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
Surety this 25th day of January ~~~~~~~~~~~~~~-
(To be signed by
Principal and Surety
and acknowledgment)
Ey:
The above bond is accepted and approved this
19
t~e Principal and
Compal~~----
Jofucr of ~ttornc~ #1055 INDUFRIAL
INDE:NtNlTY
~nofu all men htt t~ese presents: HOME OFFICE -SAN FRANCISCO
' That INDUSTRIAL INDE'.\INITY COMPANY, a corporation organized and existing under the laws of the State of California,
and having its, principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint
---------------------------------------M. A. LIGHT--------------------------2------------
its true and lawful attorney-in-fact for it and in its name, place and stead to~xecute on its behalf as surety, bonds, undertakings, stipu-
lations, consents and all contracts of suretyship and to attach its corpor~tf seal to such obligations in favor of all obligees, provided
that the liability of the Company as surety under his authority in no one i~fance shall exceed the sum of
-------------------·--------··-------------ONJ ... IMITED~---------------------------------------
and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of
INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September, 1972, reading as follows:
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company,
in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is 'authorized to execute, acknowledge
or verify Powers of Attorney qualifying selected attorney§-in-fact to act under such Powers of Attorney to execute on behalf of
Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate
seal thereto;
"RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the
time of such execution, acknowledgment or verification may continue to be. used for the ~urpose hereinabove stated and will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDEMNITY COMP ANY has caused these presents to be signed and its corporate seal to be
affixed by its proper officers, at the City of San Francisco, California, this 14th day of July , 19 81
· Attest:
STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO ~ SS.
On this 14th day of July , 19 81 , before pie, Mary Mueller
a notary public in and for the City and County of San Francisco, State of California, personally appeared
J. G. LaPlante and M. J. Cassanego
known to me to be the Senior Vice President and Assistant Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a ~eeting of the Board of Directors
on September 27, 1972, and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
p1111111111111111111111111111111111111111111111111111111•
i · MARY MUELLER $
Im NOT ARY PUBLIC • CALIFORNIA E
CITV & COUNTY OF SAN FRANCISCO 5
Mv Commission Expires Auv. 3, 1983 E
•11•111111111111111111111111111J1c11111111111111111;;11111ii
I, M. J. Cassanego, Assistant Secretary of INDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still' in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY
COMPANY at th~ City of San Francisco, California, this 25th day of January , 19 8 2 .
SEAL
IY041 R7 (10/721
STATE OF CALIFORNIA i / ·
···-------·-·-·----·---···--County of ....... e.9:!:J:.!:.~----g1_~-~9: ...... J ss.
0 Feb. 4 82 Melinda Whitcomb n--·--------··---···-·-··--···········-----··' 19 ........ , before me, __ ·-·-·-----·---·---··-···--······--··---------·-··-·--·----
a Notary Public, in and for said State, personally appeared ............................................... .
----------~b:~~-$. ___ § __ ~ ____ 1?.Q_§_tI_Q§._:J;!\~----~-~-0. ... ~~.Q.~!?. ____ ~-~----!?.-~P~Q!\~~--·------
---·--··----·-----·--····--·known to me to be the person§.. whose name __ §. __________ 9,I.<?.subscribed
to the within instrument, and acknowledged to me that .. the .. .Yexecut,a. the 7·
My commission expires ... ~-~-~-~::-~.?.......... {/:!;l.i:fk:Jt/./...('~.R/:~~~t"J;:j[?. ______ _
Notary Public
MELINDA WHITCOMB
NOTARY PUBLIC -CALIFORNIA
SANTA CLARA COUNTY
My Commission Expires Nov. I, 1985
i
ISSUED IN DUPLICATE BOND # YS 842-6556
(PREMIUM INCLUDED IN PERFORMANCE BOND)
LABOR A..~D .MATERIAL BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupe·rtino, State of California, and
James G. Boghosian and Thomas M. Bideqary
hereinafter designated as 11Principal11 have enta'red into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the surety on said bond shall pay the same to the extent here·~nafter set forth;
NOW, THEREFORE, we, the Principal, and Industrial Indemnity
Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used., in, upon, for or ab out the per-
fonnance of the aforesaid work contracted to be executed or performed 'under the
contract hereinabove mentioned, and all persons, companies or corporations lend-
ing or hiring teams, implements or machinery, for or contributing to said work
to be done, and all persons who perform work or labor upon the same, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person, in the just and full sum of
Forty-Four Thousand and no/100 Dollars
($ 44 000.00 ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay for any materials, provisions, provender or other supplies or teams
used in, upon, for or about the performance of the work contracted to be done,
or for any work or labor thereon of any kind, or for amounts due under the Un-
employment Insurance Act with respect to such work or labor, then said Surety
will pay the same and also will pay in case suit is brought upon this bond,
such reasonable attorney's fee as shall be fixed by the Court.
This bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file clailil.s under Section 1184.1 of the Code of Civil
Procedure, so as to give a right of action to them or their assigns in any suit
brought upon this bond,
•. ,.abo'r aud Satl·ri~l jjund Page 2
And the sa..i.c.l Sun~t:y, for value rcceivc::d, hereby stipulates, and agrees
that no change, extension of tim.;;, alteration or addition to the terms of
the contract or to the work to be p<?rformcd thereunder or the specifications
accompanying the s;.:mte shall in any wise affect its obligations on this hon<l,
and it does hereby waive notice of any such change, extension of .time, alteX"-
ation or addition to the terms of the contract orf-to the work or to the speci-
fications. ~
IN WITNESS vlliEREOF, this instrument has been
and Surety this 25th day of . J.""'a=n ... u ... a_r.,,..y _____ _
(To be signed by
Principal and Surety
and acknowledgmE!nl
and notarial seul
attached.)
By:
The <tbove bond is acceptecl and approved this ____ day of
by the Principal
Light
l State of
CALIFORNIA
County of
f SS.
SANTA CLARA
I
On January 2 5, 198 2 , before me, the undersigned,
.a Notary Public of said county and state, personally appeared
M.A. LIGHT
known to me t0-be the Attorney-in-Fact of
,.,~
INDtJ'STRIAL INDEMNITY COMPANY
~~~~~~~~~~~~~~~~~~~~~~~~~~-'
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that such Corporatio ted the same. -~-
NOTARY PUBLIC
1V060 R4 (9/72)
ST A TE OF CALIFORNIA 1
~SS.
---·············------------oounty of ... S.an:t.a .... C.la.r..a .......... J
On ............. .f..§!:?..! .. 1 . .c •...•..•.... , 19 ... ~-~, before me, ... ~-~-L!.:!.1:9.9-.... Wh.~.t9-9.mP ..... .
a Notary Public, in and for said State, personally appeared ............................................... .
-·----····-··--·~~~-e. ___ q __ ~----~9.§.~_9-§.~-~~----~?.-~---~g_q_~~e .... ~-~----;i?.-~P~§~-~¥ .. .
............................ known to me to be the person ... Swhose name .. S ....... ar.e. ... subscribed
to the within instrument, and acknowledged to me that .th&: .. execu~ed the sryne.
My commission expires ................................. ~/l~4:t:.t..d&.. ... ~Q.-:t.f?itfd«:~:f.. ...... .
Notary Public
..~ ..
MEUf"Wt1 WHITCOMB
NOTARY PIJilLIC. CAUFORNJA
SANTA Cl.AHA COUNTY
My Commission Expires Nov. I, 1985
ri\tf.l Jr.l[li'.\ \A/1.H"fl"f)~~~) l'L_ .. ~dli ~~ VVH~~\H.,.rHtb
I NOTARY PIJULIC • CAl,:f<Q!\Nli\
SANTA CLAP.A CG•llftiYY
My Commission E>pir~1 Nr.1•1, I. l~~a
•·
Jlofuer of J\ttorncu 111055
',
INDUSTRIAL
INDEMNITY
~nohi a:Il men bt! tlyeze presents: HOME OFFICE -SAN FRANCISCO
That INDUSTRIAL INDEl\lNITY COMPANY, a corporation organized and existing under the laws of the State of California,
and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint
---------------------------------------M. A. LIGHT---------------------------------------
its true and lawful attorney-in-fact for it and in its name, place and stead t~execute on its behalf as surety, bonds, umlertakings, stipu-
lations, c?ns.e:its and all contracts of suretyship a~d to att~ch. its corpof~te~seal _to such obligations in favor of all obligees, provided
that the hab1hty of the Company as surety under his authority m no one Yi'stance shall exceed the sum of
-------------------·----------------------·ONJ ... IMITED----------------------------------------
and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of
INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September, 1972, reading as follows:
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company,
in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge
or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of
Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate
seal.thereto;
"RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the
time of such execution, acknowledgment or verification may continue to be used for the •.purpose hereinabove stated and will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDErvINITY COMPANY has caused these presents to be signed and its corporate seal to be
affixed by its proper officers, at the City of San Francisco, California, this 14th day of July , 19 81
Attest:
~0--~rr .. l'I~6"ass nego, As~nt Secretary
STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO ~ SS.
On this 14th day of July , 19 81 , before ~e, Mary Mueller
a notary public in and for the City and County of San Francisco, State of California, personally appeared
J. G. LaPlante and M. J. Cassanego
known to me to be the Senior Vice President and Assistant Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a ipeeting of the Board of Directors
on September 27, 1972, and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
911111111111111111111111111111111111111111111111111111111• i@). MARY MUELLER E
I• NOTARY PUBLIC· CALIFORNIA E
CITY & COUNTY OF SAN FRANCISCO !
· My Commission Expires Au9. 3, 1983 §
MllllllllllllllHlllllllllllHIJICllHllllllllllllli;llllll
I, M. J. Cassanego, Assistant Secretary of INDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still in full force. and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this 25th day of January , 19 82 .
SEAL
IY041 R7 (10/72)