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82-011 William Marocco and Associates; Resolution No. 5845 and 6200RESOLUTION NO. 6200 A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED ON THE NORTH SIDE OF STEVENS CREEK BOULEVARD EAST OF BLANEY AVENUE; DEVELOPER, W. MAROCCO; AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located on the nor th side of Steven$ Creek Boulevard east of Blaney Avenue by W. Marocco; and WHEREAS, the~e 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 map, agreement, and bonds ha~ing been approved--by-ehe 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 of 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 authorized to sign said recorded. City Clerk are hereby parcel map and have it e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. EXHIBIT "A" RESOLUTION NO. 6200 SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Commercial Building W. Marocco LOCATION: North side of Stevens Creek Boulevard east of Blaney A. Faithful.Performance Bond: Sixty-Five Thousand and no/100 Dollars B. Labor and Material Bond: Sixty-Five Thousand and no/100 Dollars C. Checking and Inspection .Fee: Three Thousand Two Hundred Fifty and no/100 Dollars $65,000.00 $65,000.00 $ 3,250.00 D. Indirect City Expenses: $ 488.00 Four Hundred Eighty-Eight and no/100 Dollars E. Development Maintenance Deposit: $ 250.-00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $ 5,914.00 Five Thousand Nine Hundred Fourteeh and no/100 Dollars G. One Year Power Cost: $ 72.00 Seventy-Two 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: N/A L. Maps and/or Improvement Plans: By Developer PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of November, 1983 by the following vote: · Vote Members of the City Council AYES: Gatto, Johnson, Rogers, Sparks, Plungy NOES: None ABSENT: None ABSTAIN: None APPROVED: Isl John J. Plungy, Jr. Mayor, City of Cupertino ATTEST: Isl Dorothy Cornelius City Clerk This ··· November A G R E E M E N T AGREEMENT made and entered into this 1983, by and between the CITY OF 7th day of CUPERTINO, a municipal corporation designated as CITY, DEVELOPER. of the State of California, hereinafter and W. MAROCCO, hereinafter designated as W I T N E S S E T H 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 commercial building, hereinafter referred "Project." to as WHEREAS, CITY hereby approves the improvement plans and specifi- cations prepared for the Project by Paul Nowack and Associates; 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 t6 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 Improvement Category -N/A PART A. Faithful Performance Bond: Sixty-Five Thousand and no/100 Dollars PAR'r B. Labor and Material Bond: Sixty-Five Thousand and no/100 Dollars PAR'r c. Checking and Inspection Fee: Three Thousand Two Hundred Fifty and no/100 Dollars PART D. Indirect City Expenses: Four Hundred Eighty-Eight and no/100 Dollars PART E. Development Maintenance Deposit: Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: Five Thousand Nine Hundred Fourteen and no/100 Dollars PART G. One Year Power Cost: Seventy-Two and no/100 Dollars PART H. Street Trees: By DEVELOPER. PART I. Map Checking Fee: Fifty and no/100 Dollars $65,000.00 $65,000.00 $ 3,250.00 $ 488.00 $ 250.00 $ 5,914.00 $ 72.00 $ 50.00 PART J. Park Fee: N/A PART K. Water Main Extension Deposit N/A PART L. Maps and/or Improvement Plans: By Developer NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO-WIT: on 1. DEDICATION (a) The DEVELOPER Exhibit "A", which is offers to dedicate the real property shown attached hereto and made a part hereof by .Page 2 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 of fer open until the CITY accepts of fer 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 insurance company relating to dedication; said Preliminary furnished by DEVELOPER. report issued by a title the property offered for Title Report shall be (2) A standard policy of title insurance issued by a title insurance company and insuring the ClTY 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. Cc) 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. (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 Page 3 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 specif i cations of _ the __ cITY __ and;'or ___ the-Cupe-rti-no -San-i ta-r--y--D-i-s t-r-iet.,--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 DEVELOPERj 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 favoi of CITY, when presented to him for sig- nature. Page 4 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 requirements of Government Code Section 66499 (b) of credit meeting the or ( c) . ( c) The amount of said cash, checks, c_ertif icate 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. ( d) f icate of Council. No release of surety bond, cash deposit, check, or certi- deposit, shall be made except upon approval of the City Page 5 (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 required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. Page 6 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 It is further and/or dedicate such quired within "Park is further stipulated agreed that the DEVELOPER shall pay such fees land to the CITY, prior to execution, as is re- Dedication Ordinance" Number 602, 1972 and which under Part J., Page 2 herein. Page 7 ~--- 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 execution of this of Section 66493, taining to special agreed that DEVELOPER shall file with CITY, upon AGREEMENT, substantial evidence that all provisions Article 8, Chapter 4 of the Government Code, per- 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 stallation of electric power for street lighting at the earliest possible. in- date 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 DEVELOPER 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 Page 9 ,rovided .that· in addition thereto, such sums as may be required for .egal £ees 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. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: (a) A mylar sepia and seven (7) prints of fully executed parcel maps. (b) A mylar sepia and thirteen (13) prints of fully executed tract maps. (c) A mylar sepia and eleven (11) prints of fully executed improvement plans. (d) A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed furnished within Santa Clara. that the sepia, prints and microfilm of maps will be one month following recordation at the County of It is also agreed that the sepia, improvement plans will be furnished within signing of the plans by the CITY. n--- prints and one month rnicrof ilm following for the 23. 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 fixed by its resolution of his name to be Approved WHEREOF, CITY has caused its name to be hereunto af- Mayor and City Clerk, thereunto duly authorized by the City Council and said DEVELOPER has hereunto caused affixed the day and year first above written. CITY OF CUPERTINO By: Paqe 12 STATE oJJ· CALIFORNIA ) ) ss. GuUNTY OF SANTA CLARA) On this day of ---~--<.:t_f-____ day of __.._Ah __ v_,,_~.-'e-c=,t._#'"""'f_,.;j ___ e,_/" ______ _ in the year of /9tf :!1 before me ,,.(/C-,,,;(/,a,,,,,.,,e_ ,?j/orae r personally appeared --~~~~--~~?t/---1~·,;:~,~:;;_/~a~z_./_·?f~~.c!_--. __ ~-.,,,,t,~.t:t~~ ......... ~---~&1'-'-e_€_.~o--~----- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA) ~&~M~ Notary Public in and for the C·6unty of Santa Clara, State of Callfornia CORPORATION ACKNOWLEDGEMENT ss. On this day of day of ~~~~~~~~~- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. 6/29/82 Notary Public in and for the County of Santa Clara, State of California RESOLUTION NO. 5845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED ON STEVENS CREEK BOULEVARD AT VISTA DRIVE DEVELOPER, WILLIAM L. MAROCCO; AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located on Stevens Creek Boulevard at Vista Drive by William L. Marocco; 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 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 authorizied 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 to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of April , 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 /s/ Reed Sparks City.Clerk Mayor, City of Cupertino DEVELOPMENT: EXHIBT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS Commercial Development William L. Marocco Resolution No. 5845 LOCATION: Stevens Greek Boulevard at Vista Drive A. Faithful Performance Bond: Twenty-Four Thousand and no/100 Dollars B. Labor and Material Bond: Twenty-Four Thousand and no/100 Dollars C. Checking and Inspection Fee: One Thousand Two Hundred and no/100 Dollars D. Indirect City Expenses: One Hundred Eighty and no/100 Dollars E. Development Maintenance Deposit: Two Hundred Eighty and no/100 Dollars F. Storm Drainage Fee: One Thousand Eight Hundred Sixty-Eight and no/100 Dollars G. One Year Power Cost: Thirty-'8ix and no/100 Dollars - ---H. Street Trees-:-B-y-Deve-loper I. Map Checking Fee: Fifty and no/100 Dollars J. Park Fee: k. Water Main Extension Deposit L. Reimbursement of City Expense One Thousand Six Hundred and no/100 Dollars M. Contribution Toward Traffic Signal One Thousand Eight Hundred and no/100/Dollars $24,000.00 $24,000.00 $ 1,200.00 $ 180.00 $ 280.00 $ 1,868.00 .$ 36.00 $ 50.00 N/A N/A $ 1,600.00 $ 1,800.00 A G R E E M E N T This AGREEMENT made and ·entered into this ..:f .,,c;¢ day of fr 19 , by and between the CITY OF CUPERTINO, a municipal corporation of the State· of California, hereinaf t~r designated as CITY, a~~ William L. Marocco, 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 parcel 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 Paul Nowack and Associates, 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: Twenty-Four Thousand and no/100 Dollars PART B. Labor and Material Bond: Twenty-Four Thousand and no/100 Dollars PART C. Checking and Inspection Fee: One Thousand Two Hundred and no/100 Dollars PART D. Indirect City Expenses: One Hundred Eighty and no/100 Dollars PART E. Development Maintenance Deposit: Two Hundred Eighty and an/100 Dollars PART F. Storm Drainage Fee: One Thousand Eight Hundred Sixty-Eight and no/100 Dollars $24,000.00 $24,000.00 $ 1,200.00 $ 180.00 $ 280.00 $ 1,868.00 PART G. One Year Power Cost: $ 36.00 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 PART L. Reimbursement of City Expense One Thousand Six Hundred and no/100 Dollars PART M. Contribution Toward Traffic Signal One Thousand Eight Hundred and no/100 Dollars $ 50.00 N/A N/A $ 1,600.00 $ 1,800.00 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the Page 2 pa-rties hereto as follows, TO-WIT: 1. DEDICA'rION (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 insurance company relating to dedication; said Preliminary furnished by 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 CI'rY 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 Page 4 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 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 Page 5 ot' land, or any improvements herein required, the CITY may apply the pioceeds of said security thereto. (d) f icate of council. No release of surety bond, cash deposit, check, or certi- deposi t, shall be made except upon approval of 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 he.rein 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- Page 6 ·te'rials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the ~equired repairs to the entire satisfaction of the CITY, the unused halance 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 Page 7 It is further agreed that the DEVELOPER shall pay and/or dedicate such land to the CITY, prior to execution, quired within "Park Dedication Ordinance" Number 602, 1972 is further stipulated under Part J., Page 2 herein. 13. CONTRIBUTION FOR TRAFFIC SIGNAL such fees as is re- and which The DEVELOPER shall deposit $1,800.00 with the CITY~ as his benefit share for the installation of traffic signals or traffic channelling devices. Said $1,800.00 shall be considered by CITY to satisfy City Council conditions and shall be considered by DEVELOPER to be a fair benefit share toward the improvements. 14. 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. 15. 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 16. GOVERNMEN'I' CODE It is further execution of this of Section 66493, taining to special agreed that DEVELOPER shall file with CITY, upon AGREEMEN'r, substantial evidence that all provisions Article 8, Chapter 4 of the Government Code, per- assessments or bonds, have been complied with. 17. 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. 18. STREET LIGHTING It is further agreed that the DEVELOPER shall apply for the stallation of electric power for street lighting at the earliest possible. 19. P. G. and E. and P. T. and T. in- date 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. 20. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the 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 eity of Cupertino. 21. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the 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. 22. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance 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- tu~lly situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 23. 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 qf 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 DEVELOPER: BY:\>J~ l"~ Page 11 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) ~-'-lrl-'----~~--~~~-~~~-' 19t.L., before me, the undersigned, a Notary for said State, personally appeared Ulib'&t< .}. 4,reC>CLO 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. OFFICIAL SEAL JANYCE M. WEBB NOTARY PUBLIC -CALIFORNIA SANTA CLARA COUNlY My comm. expires MAR 7, 1983 lk.:;""""'""""'"""'"""""""'~····· ·- 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 Mason-McDuffie Insa Servo Inc. PO Box 512 Orinda, Cao 94563 NAME AND ADDRESS OF INSURED William L, Marocco & Assoc. 1153 Bordeaux Dr. Sunnyvale, Ca. 94086 COMPANY A LETTER Gulf Insurance Co, COMPANY B LETTER COMPANY c LETTER COMPANY D LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. A TYPE OF INSURANCE GENERAL uAelLITY D COMPREHENSIVE FORM ~ PREMISES-OPERATIONS D EXPLOSION AND COLLAPSE HAZARD D UNDERGROUND HAZARD D PRODUCTS/COMPLETED OPERATIONS HAZARD D CONTRACTUAL INSURANCE [] BROAD FORM PROPERTY DAMAGE liJ INDEPENDENT CONTRACTORS Ii] PERSONAL INJURY AUTOMOBIL~ LIABILITY D COMPREHENSIVE FORM DOWNED D HIRED D NON-OWNED UCESS LIABILITY [] UMBRELLA FORM D OTHER THAN UMBRELLA FORM womums· COMPENSATION and EMPLOYE~s· LIABILITY POLICY NUMBER GA 505 51 46 POLICY EXPIRATION DATE 9/2/82 limits of liability in Thousan BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED EACH OCCURRENCE $ $ $ 5 00 PERSONAL INJURY BODILY INJURY $ (EACH PERSON) BODILY INJURY $ (EACH ACCIDENT) PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE $ COMBINED BODILY INJURY AND PROPERTY DAMAGE $ COMBINED $ $ $ 500 $ DESCRIPTION Of OPERATIONS/LOCATIONSNEHICLES Metropolitan Loan C-41 Stevens Creek Blvd. & Vista Drive, Cupertino, Calif, Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail -1-0-days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Cupertino and members of the DTE1suED:___A.12ril 6,~"'-"'-"'-'=-------­ City Council of the City of Cupertino, individually & collectively and the officers, a§ents and employees of the City of Cupertino, individuall and rl~1:tve y AUTHORIZED REPRESENTATIVE STATE OF CALIFORNIA COUNTY OF __ ~_SAN ___ FRA __ N_C_Is_c_o ____ -"-__ ~M: On this 5TH day oL APRIL in the year one thousand nine hundred an 82 , before me LILLIAN HORTOW , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- peared ROBERT A. MILLER known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first above written. 143 BOND NO. 5261-52-49 MJNJAL PREHIT.JH $ 480.00 PER ANNUM FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMEiff BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE, WILLI.AM MAROCCO & ASSOCIATES as Principal and TRANSAI.vIERICA INSURANCE COMP.=-=-~~NY---,-:-:'!~r~·-:---:=-.-:-::-::--~~~------~--~­ P. o. BOX 3664, SAN FRANCISCO, cit. 94ll9 as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Twenty-Four Thousand and no/100 Dollars-______________ _ - - - - - ----- - - - --- --- - - - - - - - - - - - -Dollars ($ 24,ooo.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 ----a commercial building "' located on Stevens Creek Boulevard near Vista Drive Paul Nowack in accordance with the approved Improvement Plans prepared by and Associates Civil Engineer on file in the Engineer's Office, City of Cupertino. WHE~EAS, Improvements shall be completed within one (1) year from the date of Acceptance of this bond by the City Council. "W'tlEREAS, Improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City. Ti1is 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 executed by de Principal and Surety this 5TH day of APRIL , 19 82 (To be signed by Principal and Surety and acknowledgment) ~-----------~~ WILLIAM MAROCCO & ASSOCIATES By: Pe~ TRANSAftiERICA INSURANCE COMPANY ttorney-in-.cact The above bond is accepted and approved this day of -------------------19 --- STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On Notary Pub -{ L .,j--, 19 ~-r-;efore me, the undersigned, a and for said State, pers~\:[lly appeared U)'l//A1t1_ A· /h-Jl?occ6 to be the persons whose names are subscribed to the within and acknowledged to me that they executed the same. known to me Instrument, WITNESS my hand and official seal . .. OFFICIAL SEAL JANYCE M. WEBB NOTARY PUBLIC -CAUF'ORNIA SANTA CLARA COUNTY My comm. expires MAR 7, 1983 ~~~;r-:;;;~.;;;~·'""""'-v"'Y-··""'"·""""'~""""'"""""~ 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 BOND NO. 5261-52-49 PREMIUM INCLUDED IN THE PERFORMANCE BOND LABOR AND MATERIAL BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and WILLIAM l'v'.IAROCCO & ASSOCIATES - hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if s!:iid Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth; Now; THEREFORE, we, the Principal, and TRANSAMERICA INSURANCE COMPANY P. O. Box 3664, SAN FRANCISCO, CA. 94119 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 about the per- formance of the aforesaid work contracted to be executed or performed under the contract herein.above 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 Twenty-Four Thousand and no/100 Dollars - ~~~~~--~~~~~~~~~~~~~~~~~~~~-__ ). 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 claims 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. STATE OF CALIFORNIA COUNTY OF~~S_AN~FRAN~_CI_s_c_o~~~~~~M: On thi"--"'----"-5=TR""-_______ day oL APRIL in. the year one thousand nine hundred an 82 , before me LILLIAN HORTON , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- peared ROBERT A. MILLER known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first above written. 143 l!~L!AN H:)~{T(JN NOT!~RY PUBL!C-GAUFORNfA C!TY 8, GOU~·JTY OF SAi1J rn~\l-~~CiSCO My Commis:;ion Expires June 28, 1985. Labor and ~iatt'd.:>) i)ond }>age 2 And the sa.i.d Sun~ty, for value receive::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 performed thereunder or the specifications accompa!1ying the same shall in any wise affect its obligations on this bon<l, and it does hereby waive notice of any such charrge, e>:tension of .time, alter- ation or addition to the tenns of the contract:~or to the work or to the speci- fications. ~· IN WITNESS WHEREOF, this instrument has been duly executed, by the Principal and Surety this 5TH day of APRIL , 19 82 (To be signed by Principal and Surety and ackuowledgmenl and notari3l se~l attached.) WILLIAM MAROCCO & ASSOCIATES By: TBA.NS.AMERICA INSURANCE COMPANY ----:;LJ_L~ By: RO;eER~~P~:~.~MI........,L~LE~R.,._~-~--~­ Attorney-in-Fact The 'lbove bond is acceptec1: and approved this ____ day of ___ , 19 __ •. STATE OF CALIFORNIA ) ) SS. COUNTY OF SANTA CLARA) on 4re1~ ~ Notary PublfC 'Il and for said , 19 J'~,~ ~efore me, the undersigned, a State, perso)1t'ally ap eared '/ ' I I /.)-"w._ ). 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. OFFICIAL SEAL JANYCE M. WEBB NOTARY PUBLIC -CALIFORNIA SANTA CLARA COUNlY My r.omm. expires MAR 7 1983 ~~~ 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