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82-017 Sobrato Interests - Lazaneo Drive and De Anza Boulevard.. Recording Requested by and After Recording Return to: Sobrato Development Companies 20700 Valley Green Drive Cupertino, CA 95014 9·-349 LT SANTA CLARA COUNTY TITLE COMPANY HEREBY CERTIFIES THiS IS A TRUE AND CORRECT ~o/\~ Cf r~::: omG!N,~l AECORDEDo/12/Ji UNtJHl m.:coROERS SERIES NO. 7.J/J /p().,j 3 Dibrn~· AGREEMENT ASSIGNING RIGHTS RELATING TO REAL PROPERTY THE :MARIANI GROUP OF COMPANIES, a California limited partnership, hereby assigns to SOBRATO INTERESTS, a limited partnership, all 0£ its rights, title and interest in forty-two (42) excess "trip-ends", to which THE MARIANI GROUP OF COMPANIES, a California limited partnership, is presently entitled, by virtue of its ownership of the real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: ALL OF LOT 26, as shown on that certain Tract Map No. 6259, which Map was filed for record in the off ice of the County Recorder of said Santa Clara County, California, on April 7, 1978 in Book 416 of Maps, at pages 23 and 24. Said "trip-ends" shall be for the benefit of, and appurtenant to the real prop2rty owned by SOBRATO INTERESTS, a limited partnership, situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: See Exhibit A, Attached Said "trip-ends" are being assigned pursuant to, and subject to, the laws, ordinances, and regulations of the City of Cupertino, State of California, including without limitation, its general plan, its zoning of the above des- cribed properties, permits issued in connection therewith. Further prospective purchasers, encumbrancers or lessees bf all and/or any part of either of the parcels of I J Page two real property hereinabove described should first consult with the Planning Department of the City of Cupertino, State of California, to obtain an up-to-date status report of the total number of "trip-ends" allocated to each carcel of real property. DATED: --~-;-../_1~/_g_~_~ OFF!CIAL SEAL ALICE HOLSTEIN NOTARY PUBLIC ·CALIFORNIA SANTA CLARA COUNlY My comm. expir&s APR 6, 1984 ~~"""'"""'""·""-·--;?·~ ........ ~~~~ THE MARIANI GROUP OF COMPANIES, a California limited partnership By: David w. Mariani Investment Partnership, General Partner STATE OF CALIFORNIA, f SS. ··-··-··-·····-·---·C aunty of ._ ... .S..an.t.a .. ..C.l.ar.a ......... _.-........... . On this ...... ___ l.S..t ... -.... day of. ..... -.MR.r.ch. ____________________ ,·,, the year one tho1um1d nine h1mdred and ........•. B..2. .................. -..... bef ore me, ..... .Al.i.c.e .... 1-lo.l.s.:t.e..i.n ............ _ ................ , a Notary Public, State of CaJ.ifornia, duly commissioned and sworn, personally appeared ___ Ma:ck .... A ....... .Ma.r..i.an.i..;...:.and. ... D.av.i.d .... w ........ Mar.iani ... o.n .... b.eha.1£. .... Q.t.. __ th~ .... D.a¥:~8----h'. .•..... Mg,.:r . .:.l.an.i .... I.n.v:e.s..tme..n.t .... P..ar..:tn.ex:.s.hi.12 .... known lo me to be iJ'ti'f. of tlie pm·tner.r of the partnership that executed the within in.rtrument, and acknowledged to me tliat .ruch partnership executed tlie same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, in the -·-····-··-··---·County o/_ .. S.i;i,n.t.a .... C.l.ar..a ................... tlle day and year in this certificate first above written. Th11 documeni 11 only a general lorm which may IMt J)IOper 101 utlt 10 llffll}l1~ 11,mr.Aoc11oni and in no WIJJI/ ICU, or 11 in1tnded lo act. ill .s 1ubsi11urn 101 the ddv1c:e ol .rn .Jtlmney Th• publ11her doe& not make any w11rramv. either expr11u or 1mpt1e-d. as to the l&tJal vahchrv of any r.>rov1s1on or !he sv11ab11t1y of thtst forms in ~ny if){!c•llc 1ranuc11on Cowdery'& Form No, 29-(Aclmowledgment-l'artnership) (C. C. Sec. 1189) Notary Public, State of California. My Commission Expires ....................................................... .. .· EXHIBIT "A" LEGAL DESCRIPTION: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described 4 S foliows: PARCEL O~IB: Com::nencing at a granite monument set for the center of Section 13, To"'11ship 7 South, Range" West, H.D.B. & M., also being the point of intersection of the original center line of Stevens Creek Road with the center line of the Sunnyvale- Saratoga Road; t~ence along the center line of Sunnyvale-Saratoga Road, North 0° 04' East 20.22 chains to the Northeasterly corner of that certain parcel of land described in the Deed from An~on Zaukich, et ux, to James Banich, (~t ux, dated July l, 1953 and recorded October 19, 1953 in Book 2742 of officia1 Records, at Page 86; thence along the Northerly line of said parcel of land so described in the Deed to Banich, North 89° 56' West 140.00 feet to the Northwesterly corner thereof, which is also the True Point of Beginning of the parcel of land to be described; thence along the Northerly line of that certain parcel of land conveyed by Anton Zankich, et ux, to Rosario Giuffrida, et ux, by Deed dated July 21, 1949 and recorded July 22, 1949 in Book 1821 of Official Records, at Page 424, North 89° 56' West 493.006 feet to the Northwesterly corner thereof; thence along the Westerly line of said parcel of land so conveyed to Giuffrida, South 0° 04' West 344.058 feet to the Southwesterly corner thereof; thence along the Southerly line of said parcel of land so conveyed to Giuffrida, South 89° 56' East 601.436 feet to the Southwesterly corner of that certain parcel of land conveyed by Rosario Giuffrida, et ux, to State of California, by Deed dated October 25, 1955 and recorded December 5, 1955 in Book 3351 of Official Records, Page 343; thence along the Westerly line of said parcel of land so conveyed to the State of California, North 2° 09' 14" East 38.32 feet and North 0° 11' 50" West 168.34 feet to the Northwesterly corner thereof on the Southerly line ot said parcel of land so conveyed to Banich; thence along the said Southerly line, North 89" 56' West 110.00 feet to the Southwesterly corner thereof; thence along the Westerly line of said parcel of land so conveyed to Banich, North 0° 04' Ease 138.10 feet to the true point of beginning an'd' being. a portion of the North- westerly 1/4 of Section 13, Township 7 South, Range 2 West, M.D.B. & M. EXCEPTING THEREFROM the interest as dedicated by Don O. Bandley, et al, to City of Cupertino, by instrument dated January 9, 1962 and recorded January 25, 1962 in Bopk 5444 of Official Records, Page 695, in and to the following descrf:bed parcel of land: BEGI~NING at the intersection of the West line of Saratoga-Sunnyvale Road (60.00 feet wide) and the Northerly line of that certain parcel of land described in deed from Rosario Giuffrida, et ux, to Don O. Bandley, et al, dated May 23, 1961 and recorded May 24, 1961 in Book 5176 of Official Records, in the Office of the Recorder, County of Santa Clara, State of California, at Page 517; thence ~esterly along said Northerly line 10.00 feet; thence Southerly along a line parallel to and 40.00 feet distant, meausred at right angles, from the center line of Saratoga-Sunnyvale Road (60.00 feet wide) 206.64 feet to the Southerly line of the aforesaid parcel; thence Easterly along said Southerly line 8.43 feet to an Easterly line of the aforesaid parcel; thence North~rly along said Easterly line 38.32 feet to the West line of Saratoga-Sunnyvale Road (60.00 feet wide); thence Northerly along West line of said Road 168.34 feet to the point of beginning. ALSO EXCEPTING THEREFROM the ~nterest as dedicated to the City of Cupertino by instrument recorded January 22, 1973 in Book 0204 of Official Records, Page 495, described as fo-llo'IJs: (A) BEGINNING at the most Northeasterly corner of Parcel No. 12, as said parcel is shown on the Record of Survey recorded in Book 307 of Maps, at Page 29, Santa Clara County Records; thence along the Easterly line of said parcel, being the Westerly line of Saratoga-Sunnyvale Road, as shown on said Map, South O" 05' 29" East 206.10 feet; thence leaving said Westerly line, along the Southerly line of said parcel, South 89° 55' 03" West 20.00 feet; thence leaving said Southerly line, along a line that is parallel with and 20.00 feet Westerly, measured at right angles from said Westerly line of Saratoga-Sunnyvale Road, North 0° 05' 29" West 206.12 feet to a point in the Norhterly line of said parcel; the'nce along said Northerly line North 89° 58' 56" East 20.00 feet to the Point of Beginning. (B) BEGINNING at the most Southwesterly corner of Parcel No. 12, as said parcel is shown on the Record of Survey recorded in Book 307 of Maps, at Page 29, Santa Clara County Records; thence along the Westerly line of said parcel, North 0° 04' 47" West 344.87 feet to the most Northwesterly corner of said parcel; thence along the Northerly line of said parcel, North 89° 58' 56" East 492.94 feet to the most Northerly corner of said parcel; thence along one of the Easterly lines of said.parcel, South 0° 05' 29" East 60.00 fe~t; th~nce leaving said Easterl~ line along a line that is parallel with and 60 •. 00 fe,et Southerly, measured at right angles from said Northerly line South 89° 58' 56" West 405.23 feet; thence along a tangent curve to the left, having a radius of 20.00 feet, through a central angle of 88° 24' 00", an arc length of 30.86 feet; thence South 1° 34' .5·6 .. W~st 265.46 feet to a point in the Southerly line of said parcel; theni:e along•said Southerly line, South 89° 55 1 03" West 60.00 feet to the point of beginning. .. . .. PARCEL TWO: BEGINNING at an iron pipe in the center of the Sunnyvale-Saratoga Road, formerly the Mountain Viev and Saratoga Road, at the Northeast corner of the lands formerly off. E. Goodrich, and the Southeast corner of the 29.88 acre tract conveyed by W. F. Gunckel to Dwight Durkee, Jr., by deed dated December 12, 1882 and recorded December 12, 1882 in Book 66 of Deeds, Page 79, said point being North 00° 04' East 20.22 chains from a granite monument set for the center of Section 13, Township 7 South, Range 2 West, M.D.B. & M., also being the inter- section of the center line of the Stevens Creek Road ~ith the center line of Sunnyvale-Saratoga Road; thence along the line between the lands formerly of F. E. Goodrich, and the lands now or fornierly of D'l.'ight Durkee, Jr., North 89° 56' West 140.00 feet; thence parallel to the center line of Sunnyvale-Saratoga Road South OOQ 04' West 138.10 feet; thence parallel to the first course of this description South 89° 56' tasC 140 feet to the center line of said Road; thence along said center line North 00° 04' East 138.10 feet to the point of beginning, and being a portion of the Northwest 1/2 of Sect:!.on 13, Township 7 South, Range 2 West, M.D.B. & M. EXCEPTING THEREFROM that portion thereof described as follows: BEGINNING at an iron pipe in the center of the Sunnyvale·-Saratoga Road, formerly the Mountain View and Saratoga Road, at the Northeast corner of the lands formerly of F. E. Goodrich, and the Southeast corner of the 29.88 acre tract conveyed by w. F. Gunckel to Dwight Durkee, Jr., by deed dated December 12, 1882 and recorded December 12, 1882 in Book 66 of Deeds, Page 79, said point being North 00° 04' East 20.22 chains from a granite monument set for the center of Section 13, Township 7 South, Range 2 West, M.D.B. & M., also being the inter-~ section of the center line of the Stevens Creek Road with the center line of Sunnyvale-Saratoga Road; thence along the line between the lands formerly of F. E. Goodrich, and the lands now or formerly of Dwight Durkee, Jr., North 89° 56' West 140.00 feet to one of the Northeasterly corners of that certain parcel of land conveyed by Anton Zankich, et ux, to Rosario Giuffrida, et ux, by deed dated July 21, 1949 and recorded July 22, 1949 in Book 1821 of Official Records, at Page 424; thence along one of the Easterly lines of said parcel of land so conveyed to Giuffrida, South 00" 04' West a distance' of 70 feet:; thence along a line leaving said Easterly line and running South 89," 56' East a distance of 140.00 feet to a point in said center of Sunnyvale-Saratoga Road; thence along said center line North 00° 04' East, a distance of 70 feet to the point of· ~eginning, and being a portion of the North~est 1/2 of Section 13, To~nship 7 South.&, Range 2 West, n.D.B. &. M. 0 Al.SO EXCEPTING THEREFROM the Westerly 10.00 feet of the Easterly 40.00 feet con~eyed to the County of Santa Clara .for a public highway by deed recorded April 13. 1962 in Book 5538, Page 514, Official Records of Santa Clara County. .. ALSO EXCEYTING THEREFROX that portion dedicated to the City of Cupertino for public road~ay purposes by instrument recorded January 22, 1973 in Book 0204 of Official Records, Page ~28, described as follows: BEGINNING at the most Northeasterly corner of Parcel No. 13, as said parcel is shotrn on the Record of Survey recorded in Book 307 of Maps, at Page 29, Santa Clara County Records; thence along the Easterly line of said parcel, said line being the Wester1y line of Saratoga-Sunnyvale Road, as shown on said Map, South 0° 05' 29" East 68.10 feet; thence leaving said Westerly line along the Southerly line of said parcel, South 89° 58' 56" West 20.00 feet; thence leaving said Southerly line along a line that is parallel with and 20.00 feet Westerly, measured at right angles from said Westerly line of Saratoga-Sunnyvale Road, North 0° OS' 29-West 48.14 feet; thence along a tangent curve to the left, having a radius of 30.00 feet, through a central angle of 41° 44' 12·. an arc length of 21.85 feet to a ·poi.nt in the Northerly line of said parcel; thence along said Northerly line North 89° 58J 56n East 27.61 feet to the Point of Beginning. PARCEL THREE: BEGINNING at the most Southwesterly corner of Parcel No. 14, as said parcel is sho\.JTI on the Record of Survey, recorded in Book 307 of Maps, at Page 29, Santa Clara County Records; thence along the Westerly line of said parcel North 0° 05' 29" West, 10.00 feet; thence leaving said Westerly line along a line parallel with and 10,00 feet Northerly, measured at right angles from the Southerly line of said parcel, North 89° 58' 56" East, 50.04 feet; thence along a tangent curve to the right, having a radius of 30.00 feet, through a central angle of 48° 11' 23", an arc length of 25.23 feet to a point in the Southerly line of said parcel; thence along said Southerly line South 89° 58' 56" West, 72.39 feet to the Point of Beginning • ... STR: 80% CONV UF ACCOUNT # 98-20648 / RESOLUTION NO. 5880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LAZANEO DRIVE AND NO. DE ANZA BOULEVARD DEVELOPER, SOBRATO INTERESTS, A CALIFORNIA LIMITED PARTNERSHIP 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 at the southwest corner of Lazaneo Drive and No. De Anza Boulevard by Sobrato Interests, a California Limited Partnership; 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 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 to execute the agree- ment herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June , 1982, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Isl Dorothy Cornelius Isl Reed Sparks City Clerk Mayor, City of Cupertino Resolution No. 5880 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: COMMERCIAL BUILDING SOBRATO INTERESTS, A CALIFORNIA LIMITED PARTNERSHIP LOCATION: SOUTHWEST CORNER OF LAZANEO DRIVE AND DE ANZA BOULEVARD A. Faithful Performance Bond: $ 52,000.00 ~~---'-~~~~~~~~~~~~ Fifty Two Thousand and no/100 Dollars B. Labor and Materi~l Borid: $ 52,000.00 ~~~~~~~~~~~~~~~ Fifty Two Thousand and no/100 Dollars C. Checking and Inspection Fee: $ 2,600.00 ~~---'-~~~~~~~~~~~~ Two Thousand Six Hundred and no/100 Dollars D. Indirect City Expenses: $ 390.00 ~~~~~~~~~~~~~~~ Three Hundred Ninety and no/100 Dollars E. Development Maintenance Deposit: $ 250.00 ~~~~~~~~~~~~~~~ Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $ 8,027.00 ~~---'-~~~~~~~--~~~~ Eight Thousand Twenty Seven and no/100 Dollars G. One Year Power Cost: $ 189.00 ~~~~~~~~~~~~~~~ One Hundred Eighty Nine and no/100 Dollars H. Tree Fees: $ · N/A " ~~~~~~~~~~~~~~~ . I. Map Checking Fee: $ 50.00 Fifty and no/100 Dollars K. Water Main Extension $ N/A ~~~~~~~~~~~~~~~ A G R E E M E N T This AGREEMENT made and entered into this 7th day of June I 19 82 I by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and SOBRATO INTERESTS, A CALIFORNIA LIMITED PARTNERSHIP, 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 Kier and Wright, 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, pursuant to the provisions of this AGREEMENT, the CITY hereby establfshed 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: Fifty-Two Thousand and no/100 Dollars PART B. Labor and Material Bond: Fifty-Two Thousand and no/100 Dollars PART c. Checking and Inspection Fee: Two Thousand Six Hundred and no/100 Dollars PAR'r D. Indirect City Expenses: Three Hundred Ninety and no/100 Dollars PAR'r E. Development Maintenance Deposit: Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: Eight Thousand Twenty-Seven and no/100 Dollars PART G. One Year Power Cost: One Hundred Eighty~Nine and no/100 Dollars PART H. Street Trees: PART I. Map Checking Fee: Fifty and no/100 Dollars PAR'r J. Park Fee: PART K. Water Main Extension Deposit $52,000.00 $52,000.00 $ 2,600.00 $ 390.00 $ 250.00 $ 8,027.00 $ 189.00 By Developer $ N/A N/A 50.00 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO-WIT: 1. DEDICATION (a) The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in Page 2 writing. The DEVELOPER agrees not to revoke and to keep said offer open until the CITY tion. said offer of dedication, accepts off er by resolu- (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. title for be report issued by a the property offered Title Report shall (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 Cl) 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. Cb) 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 Page 3 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 ot 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. The DEVELOPER hereby agrees to the improvements at the North intersection. Said deposit shall parcel. The Assessment District determine the benefit to the parcel will generate. pay to the City a cash deposit for De Anza Boulevard/Stevens Creek be based on a benefit share to the procedures shall be employed to that the intersection improvements The cash deposit shall be given to the CITY within ten (10) days of a formal notice from the CITY. Any excess monies shall be returned to the DEVELOPER after construction of the improvements. Any deficiency in the amount required to fund the intersection construction shall be paid to the CITY within ten (10) days after formal notice by the CITY. 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 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: Cl) 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. the DEVELOPER shall fail faithfully to perform the ditions of this AGREEMENT, or to make any payment, of· land, or any improvements herein required, the pr.oceeds of said security thereto. In the event that covenants and con- or any dedication CITY may apply the (d) No release of surety bond, cash deposit, check, ficate of deposit, shall be made except upon approval of Council. 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 ·aust 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. 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 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. 18. 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. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DE-VELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for Page 9 legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 20. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the com- pletion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents, and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council, individually and collectively, and the officers, agents, and employees of the City, individually and collectively, have other in- surance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. (a) Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each per- son; $300,000 each occurrence; property damage, $50,000 on account of any one occurrence with an aggregate limit of not less that $200,000. (b) The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evi- dence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least 10 days advance notice thereof. Page 10 OFFICIAL SEAL CANDY OLIVERA NOTARY PUBLIC • CAl!FORNIA SANTA Ct.ARA COUNTV My comm. expires MAR 14, 1986 ·---·-------------C~:~To: ~: c~~;;;.:~~,~~-~·-·-------·-·-··-f ss. On this ..... Jit.h .. __________ day of ________ .;[E_~~--------------·------,in the year one thousand nine hundred and .. ~_:hg_h_t.Y .... '.!'.~S?. .... before me,. .... -~.9.--~9:Y. ... .9..~_:':-.Y..~E-~---·-··--------·-·------··---···· a Notary Public, State of California, duly commissioned and sworn, personally appeared ·····-·····-··--···--··-·--···-···--·········--·-····.J.Q.hn ..... S.Q.R±.9:t9 ..................... --·········---··-··· .. ···-··········-····--····---·-- known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, in the -------County of---~~-!?:.!:~----~-~-~E-~------········--·--the day and year in this certificate first above written. This document is only a general form which' may, be proper for use 1n simple transactions and in 110 way aclS, or is intended to act, as a substitute tor lhe advice ol an attorney. -~~ The publisher does not make any warranty, either e>epress or implied, as to the legal validity ol any prov1S1on or the suitability of these forms many specific transaction. Cowdery's Form No. 29-(Aclmowledgment-Partnership) ( C. C. Sec. 1189) . . . March 14, 1986 My Cornntlss1on Expires ....................................................................... . (c) In the event that the Project covered herein should be mu- tually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. ~ 22. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successors, assign and transferees of DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto af- fixed by its Mayor and City Clerk, thereunto du'iy authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF Sobrato Intere California Limited Partnership Page 11 FUNN, GRAY & HERTERICH 314 LYTfON AVE. /P.O. BOX 561 PALO ALTO, CA 94302 l"EL: (415} 328-7300 NAME AND.-.ADDRESS OF INSURED SOBRAID m .. VELOPMENT ro.' EI'AL 20700 V.AILEY GRl!!EN DRIVE aJPJlltl'OO, CA 95014 COMPANIES AFFORDING COVERAGES COMPANY A ZURICH LETTER COMPANY B '.E'Il~EY.1AN' s FUND LETTER COMPANY c LETTER f:<- COMPl\,I\{¥ ·o· LETT El)< COMPANY E LETTER --:rhis 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. COMPANY LETTER A A B TYPE OF INSURANCE GENERAL LIABILITY gg COMPREHENSIVE FORM 00 PREMISES-OPERATIONS 00 EXPLOSION AND COLLAPSE HAZARD 00 UNDERGROUND HAZARD 00 PRODUCTS/COMPLETED OPERATIONS HAZARD ~ CONTRACTUAL INSURANCE ~ BROAD FORM PROPERTY DAMAGE ~ INDEPENDENT CONTRACTORS IX! PERSONAL INJURY AUTOMOBILE LIABILITY D COMPREHENSIVE FORM DOWNED [Kl HIRED IXl NON-OWNED EXCESS LIABILITY D UMBRELLA FORM D OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES POLICY NUMBER 'IOP 77 77 256 'IDP 77 77 256 Jijp 689 050 63 POLICY EXPIRATION DATE 07/01/85 07/01/83 01/01/83 limits of Liability in Thousands (O~ BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED EACH OCCURRENCE $ $ 500 PERSONAL INJURY BODILY INJURY $ (EACH PERSON) BODILY INJURY $ (EACH ACCIDENT) PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE $ 500 COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED $ $ Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- P<.'ltlj)I will ~ctm:mail --30.. days written notice to the below named certificate holder.:moommi.~ . . . . . 't°Ki!DP~ NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF CW£RTil;Q 10300 'I'OIW.E AVE., CUPERTil\U, CA A:l"'IN: BUil.J)Il"l:i DEPT. DATE ISSUED: 06/0~"-': /,__.'8..,,,2,.___ _______ _,b=b"'------ O,~ --··-·-··'.··--···C~:: T; ~~-~;~~~:~~~~E_~·-··-·-·······-··· i SS. OFFICIAL SEAL . On this ...... _~E.9: ...... ___ .day of·····--·~-~-~-'?-.. ·-····--·-··-···-·in the year one thousand nine hundred amf2.;hg]}._t.Y. .... 1'.W.Q_ ..... bef ore me, ...... .C.ilD.Q.Y-.... 0.li.Y..e.r.a ............ -·-··-···········, CANDY OUVER'A NOTARY PUBLIC ~ CALIFORNIA a Notary Public, State of California, duly c~missioned and sworn, personally appeared ·············-··········-·······························i!5?.~P.-..... ~.9..!?..~.?.!-.t9 ................. ---·········--······------··········-·······--·-····-SANTA CLARA COUNTY - My comm. expires MA~ 14, 1986 known to me to be one of the partners of the partnership that executed the witliin instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, ~i:ZE:=~~·~:2:=::::::?:'.i~J£:~~~.~:~:;:.-fir~~=:~~~·t~~~~smt .. /)~~ '"""' • ·~ .,,,._ ., ·~ "'-''" •' -••-,, ·~ -"" "'"-"'" (~J"'> Ptibl« Stat• of Cahforma Cowdcry's Form No. 29-(Aclmowlcdgment-Partnership) (C. C. Sec. 1189) My Commission Expires .. ------------~~.~~-~?.: .... ~~-L.J.~ .. ?..~-------- Bond # 2598293 Ai~l.'.uAL PREMIUM $ 174.00 FAITHFUL PERFORM~JCE A...~D COMPLETION IMPROVEMKIT BOND (Subdivision Improvements) TH.AT vlE, SOBRATO INTERESTS, A CALIFORNIA': T.IMITED PARTNERSHIP ~\~ as Principal and Safco Insn4'.ance eompa;i;:i.y as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of FIFTY-TWO THOUSAND Dollars ($ 52.000.00 ) lm-;ful money of the United States, for the payment of "l.'hich will and truly to be made, we bind ourselves, our heirs, executor~, successors and assigns, jointly and severally, firmly by these presents. THE cc~mITIOl"\ of the foregoing obligation is such that, WnEREAS, said Principal will perform all necessary improvements relative to COMMERCIAL BUILDING located southwest corner of Lazaneo Drive and De Anza Boo] evard in accordance Ki th the approved Impiove::ient Plans prepared by ~~~~~~~~~~~__,K~i~·e~r.._&..._W....,..r~i~g~h~t~-:-~~~~~~~~~~~~~~ Civil Engineer on file in the Engineer's Office, City of C~p(rtino. ~,r;:;.J:L~;:::.;.s, Ir::provements shall be completed within one (1) year from the date of Acceptance cf this bond by the City Council. ~,;;_.J.i::R.EAS, Improvements slrnll be maintained for a period of at least one (1) year after acceptance of construction by the City. r;1is 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 construction are corrected to the satisfaction of the· City Engineer's Office. N0':'1, TiiEREFORE, 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 dane and performed at the time and in the manner specified therein, then this obligation shall be null and void; other..:ise this bond shall remain in full force and effect. U UIT~ESS wtlEREOF, this instrument has been duly executed by the Principal and Surety this 'rhird day of June , 19 82 --- (Tc be signed by Principal and Surety and acknowledgment) The abovt bond is accepted and 19 82 ?rincipal Safeco Insurance Co:rrpa,ny Surety June STATE OF CALIFORNIA ) -) COUNTY OF SANTA CLARA) ss. ;\/!. On June 3 , 19 82 , be lore me, the ~~~~~~~~~ undersigned, a Notary Public in and for said State, personally appeared James P. O 1 Brien known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. WTTNESS my hand and official seal. l~~~~~~~xxxx~xx~xxxxxxxxxxxxx~ OFF!CIAL SEAL ~ '" FLORENCE M. HAYES :o~ ,d".' No·r AR'I PUBLIC· CALll.flRNl.L\ ~~ ~~·. ~b !\;:: ~ .. · 'SANlll CLARA COUlff( ~~ ~ Otary:bliC in ~nd ~ t)re co"2ft t y of Santa Clara, State of California ____ ;; _________ [!tl'(_~~S.Sw:Jti!:.£.;<..eJ.2.f...S...!.J..LC:...24.,.J.,?~1--~------------------------------------------ j,~'.i'~;,«~~·.· .. ::;~ ~ . "'"··"·'"'.~:~~.':t. ·v·•~"·' ~ -'~ .,:~~-.~ ~ CORPOF-.UIO:::-; ACK~OF"LEDGE:lENT STATE OF CALIFORXIA SS. COCffY OF SA..'iTA CLAR . .\) On , 19 , before me, the undersigned, a Notary Public in and for the said State, personally appeared known to ne 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 m SAFECO KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAl-'ECO PLAZA SEATILE, WASHINGTON 98185 That SAFECO Insurance Company of America and General Insurance Company of America, each a Washington corporation , does each hereby appoint -----------------------------------LYLE J. GR'AY; FRANK HERTERICH; JAMES P. O'BRIEN; CHARLES L. WHELAN; N. RALPH McINTYRE, Palo Alto, ~alifoni.ia---------------------------- its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF. SAFECO Insurance Company of America and General Insurance Company of America have each executed and attested these presents this _____ l_s_t ___ day of July ' 19 80 CERTIFICATE Extract from Article VI, Section 13, of the By-Laws of SAFECO Insurance Company of America and of General Insurance Company of America: "Article VI, Section 13, -FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America and of General Insurance Company of America adopted July 28, . 1970 and as amended February 2, 1977: "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Wm. Hammersla, Vice President and Secretary of SAFECO Insurance Company of America and of General Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power-of-Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power-of-Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation S-974 R6 3/80 Third --------day of June 'i ! ' 82 ' 19 PRINTED IN U.S.A. LABOR AND MATERIAL BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State ~~ California, and SOBRATO INTERESTS, A CAI.IFORNIA I Il;HTED PARTNERSHIP 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 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 hereinafter set forth; NOW, THEREFORE, we, the Principal, and ___ S_a_f_e_co __ Ins_ur_an_c_e_Co'---np..._an_..y __ _ 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 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 FIFTY-TWO THOUSAND DOLLARS ( $ s 2 '000 . 00 ) . THE CONDITION OF THIS OBLIGATIO~ 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 the:Lr assigns in any suit brought upon this bond. OFFICIAL SEAL CANDY OLIVERA. NOTARY PUBLIC •CALIFORNIA SANTA CLARA COUNTY My comm. expires MAR 14, 1986 ·-----------------C ~::To:~:. c~~::::~~--,:~ ............ -............ ! SS, On this ..... J.£9 ......... ___ .day of ...... _ .. _J.:u.n.e_ ...... _ .......... _.in the year one thousand nine hundred and ... !.'.~.9.-~~.¥. .... ~~-<?. ... bef ore me, .............. f.~P.:gY. .... 9.l.t.Y..~l'.:.9.: ....... -............... , .~.-~:~:ry --~~~~:: ... ~~:~.~ .. -~e.5-f.~:]~~~~-{~=~::~:~ .. ~.~-.:=~: ... ~:~~=~~~-.:~~:~:.:~ known to me to be one of the partners of the partnership that executed the witliin instn1ment, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, in the ---------County of_ .. §_9:P.J:.9: .... GJ9.-.~.9 ................... the day and year in this certificate first above written. ~ a This document IS only a general form Which may, be proper for Use 1n simple lransactions a' ~ ':t!.t'::t' ~ and in n,o way ac1s, or is Intended to act. as a subsutule tor the advice of an attorney. I"~ " /. ~ The publisher does not make any warranty, either express or implied, as to the legal ·-----·--·······-············-·············· ---··•·· · <'/.t'-1 . ·····N~t;~·-P~hlk. Stat~e 0 { -;··ii~;.;tl;: vahdi1y ol any prov1s1on or 1he suitability of these forms many specific 1ransac1ion. .. J Cowdcry's Form No. 29-(Aclmowledgmcnt-Partncrshlp) • • • March 14 1 19 8 6 (C. C. Sec. 1189) My Commission Expires ...................................................................... .. Labor and Satt• r.i.:>l ~ond Page 2 And the sa..i.d Sun~t:y, for value rccei ve::d, hereby stipulates, and agrees that no change, extension of tim.;,:, alteration or nddi tion to the terms of the contract or to the work to be p~rformcd thereunder or the specifications accompa!1ying the san,e shall in any wise affect i~ts obligations on this boncl, and it does hereby waive notice of any such ch~pge, e_:>:tension of _time, alter- ation or addition to the terms 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 'Ihird day of Jtn:i:e , 19-s-2-. (To be signed by Principal and Surety and ackuowledgment end notarial se~l attached.) Principal " Safeco Insurance CC?rrpany .. Surety The ':lbove bond is acceptec" and approved June ~~~~-~~--~~- 82 , 19 of STATE OF CALIFORNIA ) ) . SS. COUNTY OF SA.1\l'TA CLARA) On June 3 , 19 82· , be~pre me, the undersigned, a Notary Public in and for said State, personalty appeared JCIID8S P. O'Brien known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. Notary Pub ic in an~ of Santa Clara, State of CORPORA.TIO~ ACKNOHLEDGD1ENT STATE OF CALIFORXIA ) ) ss. COUNTY OF S.~~TA 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, ~nd 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 m SAFECO KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAl-'ECO PLAZA SEATILE, WASHINGTON 98185 That SAFECO Insurance Company of America and General Insurance Company of America, each a Washington corporation , does each hereby appoint -----------------------------------LYLE J. GI\'AY; FRANK HERTERICH; JAMES P. O'BRIEN; CHARLES L. WHELAN; N. RALPH McINTYRE, Palo Alto, '¢'alifornia---------------------------- its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO Insurance Company of America and General Insurance Company of America have each executed and attested these presents this _____ l_s_t ___ day of July ' 19 80 CERTIFICATE Extract from Article VI, Section 13, of the By-Laws of SAFECO Insurance Company of America and of General Insurance Company of America: "Article VI, Section 13, -FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America and of General Insurance Company of America adopted July 28, .1970 and as amended February 2, 1977: "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Wm. Hammersla, Vice President and Secretary of SAFECO Insurance Company of America and of General Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power-of-Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power-of-Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this '11hi rd day of -~J~un=e~------' 19 -82_ S-974 R6 3/BO PRINTED IN U.S.A.