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82-019 Richard C. and Ramona L. Taylor & Bonnett Construction Co.; Improvement Agreement; Resolution No. 5879RESOLUTION NO. 5879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTI~O APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF JOHN WAY AND MCCLELLAN ROAD; DEVELOPER RICHARD C. AND RAMONA L. TAYLOR AND BON- NETT CONSTRUCTION COMPANY; AUTHORIZING EXECUTION OF IM- PROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located at the southeast corner of John Way and McClellan Road by Richard C. and Ramona L. Taylor and Bonnett Construction Company; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit), fees, and deposits as set forth in Exhibit 11A" 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 improvements plans herein referred to are hereby approved. b. The City Engineer is hereby authorized to sign said improvement plans. c. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. d. 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 7th day of June , 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 Spark~ Mayor, City of Cupertino City Clerk SCHEDULE OF BOND, FEES, AND DEPOSIT DEVELOPMENT: SUBDIVISION Exhibit "A" Res. No. 5879 RICHARD C. AND RAMONA L. TAYLOR AND BONNETT CONSTRUCTION COMPANY LOCATION: SOUTHEAST CORNER OF JOHN WAY AND MCCLELLAN ROAD Street Improvement Requirements -N/A A. Faithful Performance Bond: $3,500.00 Three Thousand Five Hundred and no/100 Dollars B. Labor and Material Bond: $3,500.00 Three Thousand Five Hundred and no/100 Dollars C. Checking and Inspection Fee: $ 175.00 One Hundred Seventy-Five and no/100 Dollars D. Indirect City Expenses: $ 26.00 Twenty-Six and no/100 Dollars E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $ 740.00 Seven Hundred Forty and no/100 Dollars G. One Year Power Cost: $ 36.00 Thirty Six and no/100 Dollars H. Street Trees: By Developer I. Map Checking Fee: $ 50.00 Fifty and no/100 Dollars J. Park Fee: $6,840.00 Six Thousand Eight Hundred Forty and no/100 Dollars K. Water Main Extension Deposit N/A J A G R E E M E N T This AGREEMENT made and entered into this c:::;/~ day of , 19tt~, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Richard Taylor, hereinafter designated as Ramona L. Taylor and Bonnett Construction, 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 subdivision, hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifi- cations prepared for the Project by Edward J. Hahamian; 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 pl~ns 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: SCHEDULE OF BONDS, FEES AND DEPOSITS Page 1 Street Improvement Requirements -N/A PART A. Faithful Performance Bond: $3,500.00 Three Thousand Five Hundred and no/100 Dollars PART B. Labor and Material Bond: $3,500.00 Three Thousand Five Hundred and no/100 Dollars PART c. Checking and Inspection Fee: $ 175.00 One Hundred Seventy-Five and no/100 Dollars PART D. Indirect City Expenses: $ 26.00 Twenty-Six and no/100 Dollars PART E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: $ 740.00 Seven Hundred Forty and no/100 Dollars 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: $ 50.00 Fifty and no/100 Dollars PART J. Park Fee: $6,480.00 Six Thousand Four Hundred Eighty and no/100 Dollars PART K. Water Main Extension Deposit N/A 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 on Exhibit "A", which is attached hereto and Page 2 the real property shown made a part hereof by reference. Said dedicated property liens or encumbrances except those writing. The DEVELOPER agrees not to and to keep said offer open until tion. shall be free and clear of all which the.CITY shall waive in revoke said offer of dedication, the CITY 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. report issued the property Title Report by a title offered for shall be (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. (c) Upon the condition precedent that the DEVELOPER shall perform .each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: (a) The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City En- gineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole op- 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 i~ accordance with the specifications of the Cupertino Sanitary.District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions .. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor 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 AGR~EMENT. The penal sum of said faith- ful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full pay- ment of all labor and materials required to construct said improve~ ments. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make - any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do so. (b) In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: (1) Cash; or, (2) A cashier's check, or a certified check, payable to the order of the City of Cupertino or, (3) A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c). (c) The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the city Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and con- ditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. (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 t~e 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 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. 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. 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, engine~ring, 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 C~TY, 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. Cb) The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evi- dence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least 10 days advance notice thereof. Page 10 (c) In the event that the Project covered herein should be mu- tually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 22. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successors, assign and transferees of DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto af- fixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. Approved as to form: BY: ~c?4~ q~~ Page 11 STATE OF CALIFORNIA COUNTY OF . s;·qM L? kc;i On this rJ}!f__ day of c='\;k tt e_ in the year one thousand nine hundred and iY" ;;:2__ , before me, Pa R 0 t'Ay /1.;plf.e!/;,!fntoZ:,Va Notaf'.11 Public, State of California, duly commlssio_ned and sworn, personally appeared -------- ·::g, ~ o lo~ yQ_ ± 3 o n n e if: __________ _,..nown to me to be the person-==-whose name / ' 5 subscribed to the within instrument and acknowledged to m~ that-= he _:::::::executed the same. IN WITNESS W1?'REO~ I have h~eunto set my hand and affixed my o 'cial seal in the L::";J_/r Lolf"n' ~ County of · 7 c.7;l Cl ~ the day and year in th~certi 'jc~ first above written. ,?/ This document is only a general form which may be proper for use in simple fransactlons ' ' ~L ' and in no way acts, or is intended to act, as a_substltute for the ad~ice of an attorney. Notary Public State 0 1-Cali'ornia The publisher does not make any warranty, either express or implied as to the legal ' 'Jy :I' validity of any provision or the suitability of fhese forms in any specific transaction. M . , C:::Z -/ 7-cf> y commissimi expires " 7- Cowdery's Form No. 32-Acknowledgement -General (C. C. Sec. 1190a) STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On ~/l ( c::2/ , 19!ffi!_, befo-re me, the undersigned, a Notary Public in and for said State, personai!y appeared r J3ttk~ rJ ~V?or(' 1-C'~~#L /7?Vct7< 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 ~eal. the County California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On , 19 , before me, the undersigned, a Notary Public in and for the said State, personally appeared to be the of , the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that ·such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Ciara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California !- STATE OF CALIFORNIA , }. couNTY oF. ___ .. S.a.ntJL ... O.la.r.a.. ...... . ss: On this ................ JJ..S.'.tb.. ............................................. day of .... ------------·----------·----~l". ....................•............... , 19_,_g __ , before me ............................ J..Ytl.:l.~ ... A.t.l:D .... Jhi.t.e. ......... : ............................................... , a Notary Public, in and for the County and State aforesaid, duly commissioned and sworn, personally appeared ................ .De.nn.is ... .J. ...... .lfo.oda.r.d. .......................................... . known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney- in-Fact of the Fidelity and Deposit Company of Maryland, and acknowledged to me that he sub- scribed the name of the Fidelity and Deposit Company of Maryland thereto and his own name as Attorney-in-Fact. r-1 .. IJ. '.a J..lc6.-___ ---~;~;o-;;;;;.4,;-th;·s;;;;;-~r-a;;;r.;;;;ia;·-------- county of ..... ~~~t.@. .... C.l...3.J.".fl. ....................... . BR (16) 15 Bond No. 9579243 ME\IJAL PREHIU!:1 $_ 63. 00 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMEnT BOND (Subdivision Improvements) KNOW ALL Hr:N BY TS..F:.01 PFi:SENTS: THAT WE, BONNETT CONSTRUCTION COMPANY as Principal and FIDELITY & DEPOSIT COMPAN~ OF MARYLAND as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Three Thousand Five Hundred and no/100 Dollars Dollars ($ 3,500.00 ~~~~~·~~~~~~~~~~~~~~~~- 1 awful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs s 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 improver;;ents relative to a subdivision '/ located at John Way and McClellan Road in accordance with the approved Improvement Plans prepared by Edward J. Hahamian Civil Engineer ~~~~~~~~.,--~~~~~~~~~~~~~~~~~~~~~~- on file in the t;ngineer's Office, City of C'..lpertino. '.·JHE:~Ei·.S" Improvements shall be completed within one (1) year from the date of Acceptance of this bond by the City Council. ) \.\1-IEREAS, Improvements shall be maintained for a period of at least one (l) year after acceptance of construction by the City. Tj1is bond shall be in full force a::-1d effect through the period of maintenance as provided in said contract. The maintenc,nce period shall continue until such time that all deficiencies of construction are ccrrected to the satisfaction of the City Engineer's Office. NOW,. THEREFORE, if the said Principal shall v;ell 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; othen;-ise this bond shall remain in full force and effect. IN WITNESS WHEREOF, ·this instrument has been duly executed by the Principal and Surety this 26th day of May , 19 82 (To be signed by Principal and Surety and acknowledgment) BONNETT The above bond is accepted and approved this -~~--day of 19 --- caA J. Woodard -,, STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On May 26 , · 19 82 , 15-ef ore me, the undersigned, a Notary Public in and for said State, perso~~lly appeared 7 . B. Robert Bonnett 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. ~.)(!)~~~~~~~~~~Gl\!)~Gl'.!)GJ'-'J I .. p. · OFFICIAL SEAL: G ~7/J ~ • • ·~ . ,, . V /J / ,# · . ~ . "ARIAN L % v ~d<L,/ ~~~ >t i·-. m.' . HOLMAN "' bl d f Q • ' NOTARY PUBLIC -CALIFORNIA ~ Notary Pu ic in an or the County . ~ . -~ SANTA CLARA COUNTY ~ of Santa Clara, State of ~alifornia ~ ·My Commission Expires Mar, 16, 1986 G . ---~.G).j2~~~~~@~G~-------------------------------------------- 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 co be the person who executed the within Instrument, on behalf of ~he 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. 9579243 LABOR AND MATERIAL BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and BONNETT CONSTRUCTION COMPANY ~ 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------------------- FIDELITY & DEPOSIT COMPANY OF MARYLAND 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 Three Thousand Five Hundred and no/100 Dollars ($ 3,500.00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney 1 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, I;abor and Natt~ r.:l.:>l i:•und Page 2 And the sa..i.d Sun~t:y, for value received, 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 accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such charrge, extension of .time, alte;:-- ation or addition to the terms of the contract ~or-to the work or to the speci- fications. ~111 . IN WITNESS vlliEREOF, this instrument has been duly executed, by the Principal and Surety this 26th day of ___ May , 19 __§_L. (To be signed by Principal and Surety and ackriowledgment and notarial secl attached.) BONNETT FIDELITY & DEPOSIT COMPANY OF M~RYLAND Surety The ::ibove bond is accepted and approved this ______ day of STATE OF CALIFORNIA t ss: COUNTY OF ______ santa __ J!la.r.a.. _______ J On this _________________ 2f.'th _____________________________________________ day.of ________________________ ........ IM.J'. .................................... , 19.1.2. .. , before me ·-·-······-···-···-·······-·J.Ul...i§.. ___ A_ftJl .... D.ite.. ................... ______ ............ ---········· ·-·-···• a Notary Public, in and for the County and State aforesaid, duly commissioned and sworn, personally appeared ................ l'JeD.."l.la ... J •.... YOod&r-d. .......................................... . known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney- in-Fact of the Fidelity and Deposit Company of Maryland, and acknowledged to me that he sub- scribed the name cif the Fidelit.y and Deposit Company of Maryland thereto and his own name as Attorney-in-Fact. ~~~~~G>{9G>l')~G>(9~G">{9~G>(9G>{9G>(91 ~ "\.~: .• , OFFICIAL SEAL ~ " JULIE ANN WHITE ~ ~ NOTARY PUBLIC· CALIFORNIA ~ g SANTA CLARA COUNTY ~ ~ My Commission Expires April 6, 1984 ~ ~~~~~~~~Gl<~~~~~~~G)'.: . /) /,~ ---------------------------------------~~--~-----------------------------------------------------No < y Public in and for the State of California, ounty of .... ~~~-i~ ____ Q.l~'-~---·····-···-·······-··· BR (16) 15 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On May 26 , · 19 82 , ,.: ~ef ore me, the undersigned, a Notary Public in and for said State, perso~€1lly appeared B. Rob~rt Bonnett 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. ~~~~~Q:.'IGJ'!)~~~~GY.'./~0<!~ ~ ~~~~1' OFFICIAL. SEAL g : ;(~~~:;1, MARIAN L. HOLMAN "' ~ (:~" •. NOTARY PUBLIC -CALIFORNIA ~ ~ ~;:!'::;:/ SANTA CLARA COUNTY a ~A A ~~4M ~~<J~4A ~Public in and for the County-:- of Santa Clara, State of ~alifornia ~ My Commission Expires Mar. 16, 1986 ~ r .............. p . ~~~~~~~~~(.}.:/.~---------------------------------------------- CORPORATION ACKNOWLEDGEMENT .:• STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On , 19 , before me, the undersigned, a Notary Public in and for the said State, personally appeared ~----·~----------------------------------------------------~ , known to me to be the of , the cot·poration that executed the within Instrument, known to me t:o be the person who executed the within Instrument, on behalf of ~he 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 ' '\ "' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE. MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. Mo PECOT, JR. , Vice-President, and Co W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article \'I, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEC. 2. The President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee, s~ll have power, by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person,qr persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements)"'deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other" instruments and documents which the business of the Com- pany may require, and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint Dennis J. Woodard of Campbellj California ....... . --~--~~~---~---its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ••••••••••••••••• o • .__... And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Der.mis J. Woodard, dated, March 30, 1977· The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ____________________ J._7_};)::1_ ________________________ day of ______________ .. A1n:;;i.J _________________________ .... , A.D. 19 80. .. ~ ..•. .., .. ...,., :l~';o:os,~~l. . FIDELITY AND DEPOSIT COMPANY OF:;J M\ LAND i~SEAL It ATTEST. c '" ~ Q~ /J '/.., -1' \~ XlClOt °"(~.. V--J ~ ~ .,1;.o,. o~C-I ~,~~~~,~;t'" ··--···-··-···-··-·--··-···---------------------------------···-····-By ..... ·--···-·······------------·--------------------·····-··· A ss-istant Secretary Vice-President STATE OF MARYLAND } ss: CITY OF BALTIMORE On this 17th day of April , A.D. 19 80 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,1and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year ~~~;~~~~;:~~\ . :: _ '- fi t b 'tt ........... ~ t:{ -}1';j .• rs a ove wn en. ..~ ... •·'~'!>. ~~ . ":~ifo'!/.~~i~t1 N~-t~~y:-F>~u i-~--c~-;;;~:·-~i-~------~pi~~~:::Jiiii:I:;:::i9:8:2 14,,.,111111\\ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name·and affixed the corporate seal of the said Company, this ···-··-······--····-········---2.6..t.b. ................ day of ··-···-·············M.aY. .............................. ' 19 . .8..2 __ ! L14Z8Ctf.-·-3M, 11-81 214234 -016-0819 . Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK