83-002 Antonio and Jessica Reyes, Improvement AgreementA G R E E MEN T
This AGREEMENT made and entered into this
, 19 ,
municipal corporation
designated as CITY,
designated as DEVELOPER.
by
of
and
and between
the state
ANTONIO AND
the CITY OF
of California,
JESSICA REYES,
WIT N E SSE T H
day of
CUPERTINO, a
hereinafter
hereinafter
WHEREAS, the DEVELOPER has made application to the CITY for a
tentative map and is securing a building permit from CITY to construct
and maintain a commercial development, hereinafter referred to as
IIProject.u
WHEREAS, CITY hereby approves the improvement plans and specifi-
cations prepared for the Project by I. H. Erbil; a true copy of said
improvement plans and specifications are on fi·le in the office of the
City Engineer of Cupertino; and WHEREAS, the same are incorporated
herein by reference, the same as
therefore, said improvement plans
hereinafter called the "Plans," and
plans shall be called the "work."
though set out in full; now,
and specifications shall be
the work to be done under the
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amounts of Bonds, Fees, and Deposits as set
forth in the following schedule:
Page 1
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Requirements -Category 1 (980-206.42)
PART A. Faithful Performance Bond:
Twenty-Five Thousand and no/IOO Dollars
PART B. Labor and Material Bond:
Twenty-Five Thousand and no/IOO Dollars
PART C. Checking and Inspection Fee:
One Hundred Eighty-Eight and no/IOO Dollars
PART D. Indirect City Expenses:
Fifty and no/100 Dollars
PART E. Development Maintenance Deposit:
Two Hundred Fifty and no/100 Dollars
PART F. Storm Drainage Fee:
Two Hundred Ninety-Six and no/100 Dollars
PART G. One Year Power Cost:
PART H. Street Trees:
PART I. Map Checking Fee:
Fifty and no/100 Dollars
PART J. Park Fee:
PART K. water Main Extension Deposit
One Thousand and no/100 Dollars
$25,000.00
$25,000.00
ISS.OO
50.00
250.00
$ 296.00
0.00
By Developer
$ 50.00
N/A
$ 1,000.00
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
w~iting. The
and to keep
tion.
DEVELOPER agrees not to revoke
said offer open until the CITY
said offer of dedication,
accepts offer 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 "An, 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:
(cl
each and
agrees to
(1) A preliminary title
insurance company relating to
dedication; said Preliminary
furnished the DEVELOPER.
report issued by a title
the property offered for
Title Report' shall be
(2) A standard policy of title insurance issued by a
title insurance company and insuring the 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.
Upon the condition precedent that
every covenant and condition of
accept said real property offered
the DEVELOPER shall perform
this AGREEMENT, the CITY
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
existing ordinances and resolutions of the CITY and in accordance with
all plans, specifications, standards, sizes, lines and grades approved
Page 3
by the City Engineer. The \'lork 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 \'lork shall be done in accor-
dance with the most current Standard Specifications of the Department
of Public \'lorks, California Department of Transportation, State of
California, and in accordance with the specifications of the Cupertino
Sanitary District where applicable.
\'lherever 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.
5. BONDS AND OTHER SECURITY
Page 4
(a) Upon the execution of this AGREEMENT, the DEVELOPER shall
f~le 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 calIon 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) Cashi 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).
(cl 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.
Id)
ficate 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.
9.A STORM DRAINAGE FEE
Page 6
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 Fl.
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
to execution of this AGREEMENT, the
2 (Part Gl, which amount represents
for one year.
DEVELOPER shall pay to CITY prior
amount as set forth herein at page
the power cost for street lights
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
and/or dedicate such land to the CITY, prior to execution,
quired within "Park Dedication Ordinance" Number 602, 1972
is further stipulated under Part J., page 2 herein.
13. MAINTENANCE OF THE WORK
page 7
such fees
as is re-
and which
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
D~VELOPER 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 in-
stallation of electric power for street lighting at the earliest date
possible.
18. P. G. and E. and P. T. and T.
It is further agreed that the DEVELOPER shall pay to Pacific Gas
and Electric Company and/or to Pacific Telephone and Telegraph Company
any and all fees required for installation of overhead and/or under-
ground wiring circuits to all electroliers within said property and
any and all fees required for undergrounding as provided in Ordinance
NO. 331 of CITY when DEVELOPER is notified by either the City Engineer
or the Pacific Gas and Electric Company and/or Pacific Telephone and
Telegraph Company that said fees are due and payable.
19. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary
for completion of the Project shall be acquired by the DEVELOPER at
his own cost and expense. It is provided, however, that in the event
eminent domain proceedings are required by the CITY for the purpose of
securing said easement and right-of-way, that the DEVELOPER shall
deposit with CITY a sum covering the reasonable market value of the
land proposed to be taken and to be included in said sum shall be a
reasonable allowance for severance damages, if any. It is further
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
~ity 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
anyone 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 eVL-
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
.. . . ..
(cl 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 prov~s~on 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:
City
page 11
·STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLARA)
On this day of _________ day of _______________ ,
in the year of _______ , before me ______________________ _
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it;"
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On this day of _________ ,day of ______________ ,
in the year of ______ , before m"'--__________________ _
personally appeared ____________________________ _
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the Within instrument as president (or secretary)
or on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
Notary Public in and for the County
of Santa Clara, State of Caiifornia
,
I
STATE OF Califorilia )
COONIT OF Santa Clara )
)
------------------)
On this. ____ ._._._ ..... l.1il:!... __ . ____ .. day oL __________ .. _. ___ ._p_'i.!:?.P..!:.::::... __ , 19_._~.~ ___ ., before me
personally came ... __ ._. ____ ._._. ___ . ___ ._._ .. __ M.':~=.::~~:.:.= ... ~~:.:.~~. __ .. ___ .-: __ . __ ._ .. ___ .... _ ... _. __ ... _. ___ _
to be known, who being by me duly sworn, did dcpose and say: that he is Attorney-in-Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted to him in accor-
dallCe with the By-Laws of the said Corporation, and that he signed his name thereto by like
authority. ,._
NOTA~~I~U~li~~OANIA .. ___ .. ~4-_ .. L_.~~_ ...
SANTA CLARA. COUNTY (Notary Public)
My Commission Exp. JulV 29. 1986
5100.01
.,
, Bond No. 553064
FAITHFUL PERFORMAllCE A.'1D COMPLETION IMPRCVE1E:rr BOND
(Subdivision Improvements)
r~Of" ALL ~r;;;N BY TSESE PP.ESBNTS:
THAT WE, ____________________ ~A~n~t~o~n=i~o~a=n~d~J~e=s=s=L_'c_a __ R_e_y~e __ s~, ________________________________ _
as Principal and ________ ~s~'u~r~e~t~yY_I~n~s~u=r~an~c~e~C~o~mp~a~n~y~o~f~c=a=l=L='f=o=r=n==i=a ____________________________ _
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Twenty-Five Thousand and no/lOO---------------------------------------
~~~------~~~~~--~~----~~~~------~~~~~--~Dollars ($ 25,000,00------) l&~ful money of the United States, for the payment of ~hich will and truly to be made,
we bind ourselves, our heirs, executors, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION of the foregoing obligation is such that,
l-frlEREAS, said Principal "ill perform all necessary improvements relative to ________ _ a commercial development
located Lomita and Imperial Avenue
in accordance with the approved Improvement Plans prepared by
I.H. Erbil Civil Engineer
on file in the Engineer's Office, City of Cupertino.
W.iE~;S, Improvements shall be completed within one (1) year from the date of
Acceptance of this bond by the City Council.
WrlEREAS, Improvements shall be maintained for a period of at least one (1) year after
acceptance of construction by the City. Tilis bond shall be in full force and effect
through the period of maintenance as provided in said contract. The maintenance period
shall continue until such time that all deficiencies of constr~tion are corrected to
the satisfaction of the City Engineer's Office. ' •
NOW. THEREFORE, if the said Principal shall well and truly do and perform all the
.' covenants and obligations as set forth above, on its part to be done and perforJ:led at
the time and in the manner specified therein, then this obligation shall be null and
~ void; otherwise this bond shall remain in full force and effect.
IN \OIlTNESS WHEREOF, this ins trument has been duly executed by the Principal and
Surety this J 4t1;) day of October 82
(To be signed by
Principal and Surety
and ackn~Nledgment)
By:
SURET'! CALIFO~IA
The above bond is accepted and approved this
" 19_____ I
____ day of _______________ _
•
STATE OF CALIFORNIA )
. ' ) ss.
, COUNTY OF SANTA CLARA)
On this day of __ 1_4_t_h _____ day of __ O_C_T_O_B_E_R ___________ ,
in the year of __ 1_9_82 __ , before me ELIZABETH FLETCHER
personally appeared ANTONIO & JESSICA REYES
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and ackno~ledged
that he (she or they) executed it:'
CORPORATION ACKNOWLEDGEMENT
STATE·OF CALIFOfu~IA )
) ss.
COUNTY OF SANTA CLARA)
County
California
On this day of _________ day of ______________ ,
in the year of ______ , before me, ____________________ __
personally appeared ______________________________________ ,
,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as president (or secretary)
or on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
Notary Public in and for the County
of Santa Clara, State of California
'. ,
,
LABOR AIm HATERIAL BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:
~~EREAS, the City of Cupertino, State of California, and
Antonio and Jessica Reyes
Bond No. 553064
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
Surety Insurance Company of California
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 lab or upon the s arne, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person, in the just and full sum of
Twenty-Five TIlousand and no/lOa Dollars
($ 25 • 000 , 00 -----------------).
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay for any materials, provisions, provender or other supplies or teams
used in, upon, for or about the performance of the work contrac~ed 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.
TIlis bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 1184.1 of the Code of Civil
Procedure, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
.,
,
STATE OF California
COUNTY OF Santa Clara ~ ------~~~~~--~
On this _____ ... !~!:g._._._. __ ._ .. day oL_._._ ...... __ ... _.:::~t?1.:.:.:.. ___ ..... __ ._. 19 .... _.!l.;? .... _ .. , before me
personally came. ........ _. __ .... _ .... _c_. __ ..... ~E.~.~ei!1!iu:i.!l.".1!:.Y. __ ................ ___ ... ., ........ _ ... _ .............. _ ..... ____ ._ .. .
to be known, who being by me duly sworn, did depose and say: that he is Attorney-in .. Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted to him in accor-
dance with the By·Laws of the said Corporation, and that he signed his name thereto by like
authority.
tI IRIS A. PADULA
. • NOTARV PUBUC-cAlIFORNIA
• -If> SANTA CLARA. COUNTY
. My Commission Exp. July 29. 1986
. ........ ~ .. _LdL'~ .. ..
(Notary Public)
.-5]00.01
) ,
. Labor and Sat" J:i.:' 1. bund
,
And the said Surp.t:y, for value recei vc<d, hereby stipulates, and agrees
that no changc, extension of tim~. alteration or addition to ~he terms of
the contract: or to the work to be performed thereunder or the specifications
accomp'l!lying the san,e shall in any wise affect its obligations on this .bond,
and it does hereby "aive notice of any such change, extension of .time, alte;:-
stion or addition to the terms of the contract or to the work or to the speci-
fications •
IN WITNESS ~rnEREOF, this instrument has
and Surety this 14th day of October
been duly executed,
, 19~
(To be signed by
Principal and Surety
and ackr.O\oIledgm~nl
<~nd not2rial secl
attached. )
Princi III
, '.
by the Principal
0'
SURETY INSURANCE COMPANY OF CALIFORNIA
Surety
By:
. entry
The ~bove bond is accepted and approved this ________ day of
_________________ , 19
• . .
STATE OF CALIFORNIA )
) ss.
, COUNTY OF SANTA CLARA)
14th OCTOBER On this day of _________ day of ______________ _
in the year of 1982 ...::c....:cc--_ before me __ E_L_I_Z_A_B_ET_H_FL_E_T_C_Iffi~R _________________ __
personally appeared _AN~T_O_N_I_O __ & __ J_E_S_S_I_CA_R_E_Y_E_S ____ ~ ____________ _
personally known to me· (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it:·
WITNESS my hand and official ~G><!>G><!>G'GG<91;<OC<!l"""/;I!J1;<O~1X91X9~G><$G
ii 0, • iWAL SEAl.. 1! 2 EULAhETH FLETCHER 2 .-R NOIA"I IUBlIC -CAlIFURNIA ~ R' SANlA CLARA COUNTY 2
.i? My Commission Expires June 17, 1983 2 GDp(!)rtGC'l\!)~'.(!,)t.)[!.tQ\!) ......... ~t.!JG'A!J">"':'Ci'G(;1.!)flJl!)(;l,!)~
COMMISSION NO. 447565
CORPORATION ACKNOWLEDGEMENT
STATE OF CAl.IFORJ.'~IA )
)
COUNTY OF SANTA CLARA)
ss.
On this day of _________ d.ay of ______________ _
in the year of ________ , before me~ _________________________ _
personally appeared _____________________________________________________ __
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as president (or secretary)
or on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
Notary Public in and for the County
of Santa Clara, State of California
•
•
,suretg JnAurance Compang 0/ Calilornia
"Tb~ Dollsrs and Sense Surety"
HOME OFFICE IN LA. HABRA. OALIFORNIA
801_
La Dab .... CallforDla _Sl
CERTIFIED COpy OF POWER OF ATfORNEY 3370 N" ........ _._ ............... _.
Jnow ,,/1 men "8 f/'ese py<tsenfst That Surety Insurance Company of CalifOrnia, a California Corporation, hav-
Ing Ita principal Office In the CIty of La Habra. County of Orange. State of CaUforma. pursuant to the following By-Laws
which wore adopted by the DIrectors of the said Company on the 9th day of April. 1969 and are noW in effect, to-wit:
uArUe1e IV. Section 1(b). The President shall have power and authority to appolnt Attorneys-In-Fact, and authorize
them to execute on behalf ot the Company. bonds and undertakings. recognizances, contracts of indemnJty, and other writ-
Ings obligatory 1D the nature thereof. and he may at any time in hiB judginent remove any such appointees and revoke the
authority given to them.. U
Has made, constituted and appointed and by theBe presents does make, constitute and appoint
Madelaine Gentry La Habra, California ._ ...... __ ..................................................................................... of ........................................................................ _._ .................... _ .......... .
Ita true and lawtul agent and attorney-In-fac!, to make. e""cute, seal and deUver for and on Its behalf as surety. and as
Its act nnd deed. all of the tollowiDg classes ot documents. to wit:
Indemnity. slll'tlty and UndertaIdngB that msy be desired by contract, or may be
given in any action or proceeding 1n any court of law or equity; poUcies indemnifying
employers against 10 .. or dams"e caused by the misconduct ot their employ .. s, official,
surety and tlde1lty bondo.
And. the aecutton ot such bonds or undertakings in pursuance ot these presents. shall be. as binding upon said Company
a.a tully and amply, to all Intents and purposes, as it they had been duly executed and acknowledged by the regularly
elected officers ot the Company at its office in La Habra, California in their own proper persons.
• urety Insurance Company ot California has caused these presents to be signed by its ~UIY iii!l!l.j:l""'>pi'~corat. seal to be hereunto affix cd thiS ...... .!?.~J:l ........... day oL ... ~!:'E.'::J:l..................... 19 ..... .2. ...
COUNTY:m.:oiw~
~ SURETY INSURANCE COMPANY OF CALIFORNIA ~ Q :; ;;;.
} SS:
.-...... ~ .................. .
Johri F. Merrill
President
On tlrlD.}l.~&y OL_ ....... !.!i":!:.s~ ..... _ ............... AD. 19 .. ??. ...... before the aubscrlber. a Notary Public of the State of
California, In and for the County of Orange. duly commwloned and qualified. came John F. Merrill, President of SURET'£
INSURANOE OOllll' ANY OF OALIFORNIA, to me per"""" lIy knOwn to be the IndividUAl and officer described in. and
who executed the preceding instrument. and he acknowledged the executiOn of the same, and being by me duly swOJ'n.
depooed snd oold that he Is the officer of the sa.ld Compeny aforesaid, and that the seal affixed to the preceding I""tru-
ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly afflxed
and ""boerll>ed to the oold Instrument by the authority and direction of the saki Corporation. and that Artiele IV, Section 7(b) of the By-Laws of said Company, referred to in the preceding I""trumen!, Is now In force.
IN Tl!lSTIMONY WHEREOF, I have hereunto set my hand, and affbred my Official Seal at the CIty of La Habra, the
dny and year first above WTitten.
CERTIFICATION
OFfICJAI,.SE.<\l.
BEVERLY J. BERG
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
I, the undernlgned. certify that! am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the Power of Attorney remafns in·fuU force and etrect. and has not been reVoked; and furthermore that Article IV. Section
7(b) By-Laws of said company as set forth In said Power of Attorney, are now in full force and effect.
IN TESTmONY WHEREOF, I l¥lvc hereun.to subscribed my name and affixed the corporate seal of the said Company
thIB .. !:.~!:!'!day 01·iiiiiALi· .... ·.9g!:?~~ .. ···· ........ 19 ...... 8.2.... ...~;1"~~£ ..... n ................................... .
560-C5-04 (Rov. 12/00)