83-003 Abbass Golpour, Improvement Agreement, Tract No. 7325• . ,
A G R E E MEN T
This AGREEMENT, made and entered into this 17tltlay of
January , 1983, by and between the CITY OF CUPERTINO, a
municipal corporation of the state of California, hereinafter design-
ated as CITY, and ~/.3,IJ~.5s. a o#CJC/L. /' #1'11//:'; ao~adL.~.&·/:4 zd,,/..t!A-'1,#A/£5y
5,# Rr"if 1.# Y4 zal4A1'4,4,</ £ s?, -hereinafter designated as
DEVELOPER.
WIT N E SSE T H
WHEREAS said DEVELOPER desires to subdivide certain land wi thin
the City of Cupertino in accordance with the map heretofore filed with
the City Council of the City of Cupertino, marked and designated Tract
7325, Cupertino California, hereinafter designated as the "Tract;D and
WHEREAS, said map, shows certain courts, drives and roads which are
offered for dedication for public use; and
WHEREAS, said DEVELOPER desires to construct dwellings on the lots
in said "Tract; II and
WHEREAS, CITY hereby approves the improvement plans and spec-
ifications prepared for the Tract by Allied Engineering Co., a true
copy of said improvement plans and specifications are on file in the
office of the City Engineer of Cupertino; and WHEREAS, the same are
incorporated herein by reference, the same as though set out in full;
now, therefore, said improvement plans and specifications shall be
hereinafter called the "Plans, If and the work' to be done under the
PAGE I
plans shall be called the "Work."
WHEREAS, pursuant to the provisions of this AGRE&'iENT, the CITY
hereby establi shed the amount of bond, fees and deposit as set forth
i'n the following schedule.
SCHEDULE OF BONDS, FEES AND DEPOSITS
Part A. Faithful Performance Bond: $15,000.00
Fifteen Thousand and no/IOO Dollars
Part B •. Labor and Material Bond: $15,000.00
Fifteen Thousand and no/IOO Dollars
Part C. Checking and Inspection Fee: 900.00
Nine Hundred and no/IOO Dollars
Part D. Indirect City Expenses: $ 135.00
One Hundred Thirty-Five and no/IOO Dollars
part E. Map Filing Fee: $ 50.00
Fifty and no/IOO Dollars
Part F. Development Maintenance Deposit: $ 250.00
Two Hundred Fifty and no/IOO Dollars
Part G. Storm Drainage Fee: $ 2,168.00
Two Thousand One Hundred Sixty-Eight ano no/IOO Dollars
Part H. One Year Power Cost:
Part I. Street Trees:
Part J. Park Fees:
Part K. Water Main Extension Deposit:
N/A
By Developer
N/A
N/A
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT: ,
1. INSTALLATION OF WORK
It is agreed that in consideration of the approval of said map
and the acceptance on behalf of the public of the courts, drives and
roads offered for dedication,
(a) The DEVELOPER shall install and complete the Work wi thin one
(1) year from the date of execution of the this AGREEMENT, or such
longer period as may be specifically authorized in writing by the city
Engineer. In the event the DEVELOPER fails or refuses to complete the
Work wi thin the specified period of time, the CITY, at its sole op-
tion, shall be authorized to complete the Work in whatever manner the
PAGE 2
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CITY shall decide. In the event the CITY completes 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 Wor,k in a good
and workmanlike manner in accordance with the plans as approved by the
City Engineer of Cupertino. The Work shall be performed under the in-
spection and with the approval of the City Engineer. The Work shall be
done in accordance with existing ordinances and resolutions of the
City of Cupertino, 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, spec-
ification, plans, sizes, lines and grades as set forth.
(c) It is further agreed that the Work shall be done in ac-
cordance with the most current Standard Specifications of the
Department of Public Works, California Department of Transportation,
State of California, and in accordance with the specifications of the
Cupertino Sanitary District where applicable. Wherever the words
"State" or "California Department of Transportation" are mentioned in
the State Specifications, it shall be considered as referring to the
Ci ty 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 Ci ty of Cupertino and/or the Cupertino Sanitary
District, the specifications 0'£ the city of Cupertino and/or the Cu-
pertino Sanitary Distr ict shall take precedence over and be used in
lieu of such conflicting portions.
2. EXCAVATION P~~IT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of City of Cupertino by obtaining an ex-
cavation 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 noti fy the Ci ty Engineer of the exact date and
time when the proposed excavation is to commence. ,
3. QUITCLAIM DEED -UNDERGROUND WATER RIGHTS
It is further a~reed that DEVELOPER shall quitclaim all his
rights and interests ~n, and shall grant to CITY authorization to
extract water from the underground strata lying beneath said Tract and
DEVELOPER agrees to execute a "Quitclaim Deed and Authorization n in
favor of CITY, when presented to him for signature.
4. BONDS
It is further agreed that prior to, or concurrent with, the ex-
ecution of this AGREE.~ENT, the DEVELOPER shall execute and deliver to
PAGE 3
the City Engineer a faithful performance bond running to the CITY, as
obligee, and a labor and material bond running to the CITY and to all
contractors, subcontractors, laborers, material, men and other persons
referred to in Chapter 2, Title 4, Part 3 of the Code of Civil
Procedure of the State of California, as obligees, said performance
and labor and materials bonds shall each be in the amount as estab-
lished in the Schedule of Bonds, Fees, and Deposit as set forth herein
at Page 2 (Parts A and B J and shall conform with the provisions of
R-esolution 1591 of the city Council of Cupertino. Said bonds shall be
in a form acceptable to the city Engineer and shall be approved by him
prior to or concurrent with the execution of this agreement by the
CITY.
5. 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 Tract, and that DEVELOPER shall have de-
posited 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
6. INDIRECT EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior l.<)
execution of this AGRE&~ENT, indirect expenses allocable to processing
this improvement, the amount as set forth herein at page 2 (Part DJ
7. 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 monu.ments, 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 E).
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 de-
velopment maintenance deposit may be utilized for repairs of defects
and imperfections arising out of or due to faulty workmanship and/or
materials 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. STORM DRAINAGE FEE
It is
CITY, prior
further agreed that the DEVELOPER shall deposit
to execution of this AGREE."IENT, a storm drai nage
PAGE 4
wi th the
Charge in
connection with said Project in accordance with the requirements es-
tablished in Resolution 4422, March 21, 1977 in the amount as set
forth herein at page 2, (Part G).
10. ONE YEAR POWER COST
. It is. further agreed that the DEVELOPER shall pay to the CITY,
prior to execution of this AGREEMENT, the amount as set forth herein
at Page 2 (Part Hl, which amount represents the power cost for street
lights for one year.
11. INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER 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
required 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
(al for a period of one (11 year after acceptance of the work by the
City Council of the City of Cupertino, or (bl until all deficiencies
in the work are corrected to conform to the Plans and the CITY stan-
dards and specifications for the Work, whichever is the later to oc-
cur. The DEVELOPER shall, upon written notice thereof, immediately
repair or replace, without cost or obligation to the City of Cuper-
tino, and to the entire satisfaction of said CITY all defects and
imperfections ar~s~ng out of or due to faulty workmanship and/or
materials appearing in said Work.
14. SANITARY DISTRICT
I t is further ag reed that the DEVELOPER shall fi Ie wi th 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 Tract and stating .that a bond to insure full and
faithful performance of the construction of the said sanitary sewers
and to insure maintenance of said sanitary sewer in conformance with
the prov~s~ons as set forth in Paragraph No. 13 above, have been
filed.
15. BUSINESS AND PROFESSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
exec1,ltion of this AGREEMENT, substantial evidence that all provisions
of Section 11603, Article 8, Chapter 2 of the Business and Professions
PAGE 5
Code, . pertaining to special assessments or bonds, have ben complied
with:
16. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall fi le wi th the CITY,
upon execution of this AGREE.'lENT, 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 Tract 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 P. G. AND E. RATE SCHEDULE SHALL APPLY
It is
stallation
possible
further agreed that the DEVELOPER shall apply for the in-
of electric power for street lighting at the earliest date
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 circui ts to all electroliers wi thin said Tract 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 DEVELOPER at his
mill 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 wi th CITY
a sum cover ing the reasonable market value of the land proposed to be
ta.<en 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 legal fees and costs,
engineering, and other ,incidental' costs in such reasonable amounts as
the CITY may require shall be deposited with CITY.
PAGE 6
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 completion of the maintenance of the Work as provided in paragraph
13 above, the DEVELOPER shall indemnify, hold harmless and defend the
CITY from and against any or all loss, cost, expense, damage or li-
abili ty, 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 I S
agents, employees and independent contractors.
21. INSORANCE
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 or the
Work called for or required to be done hereunder, a policy of in-
surance naming CITY and members of the City Council of the Ci ty of
Cupertino, inqividually 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 bodi ly
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 than $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 Eng Ineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in cov-
erage without giving the City Engineer at least ten (10) days advance
notice thereof.
(c) In the event that the pro'ject covered herein should be mu':'
tually situated in or affect the area of jurisdiction of a separate
municipali ty or poli tical subdivision of the state of California, the
policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provlslon set forth
herein and above for the protection of the City of Cupertino shall
equally apply to municipality and political subdivision.
Page 7
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22: WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the City those
monies required to comply wi th "Policy on Water Main Extensions Work
and Deposi ts" dated 9/30/77. The deposi t shall be held by the Ci ty
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.
23. TERMS AND CONDITIONS
It is further agreed that the above named terms and conditions
for the said Tract, shall bind the heirs, successors, administrators,
or assigns. of the DEVELOPER. The assignment of this AGREEMENT shall
not be made without approval by the Ci ty Council of said CI'TY.
IN WITNESS WHEREOF, said CITY has caused its name to be hereunto
affixed 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.
CITY OF CU
Approved Ma or:
City City
Notary Acknowledgment Required. By:
Page 8 "
, .
STATE OF CALIFORNIA
COUN'rY OF SANTA CLARA )
SS.
On this day of ,;? Ii 11[ day of 1)c.ce.", h ~ ..... '
in the year of I 'lS 2... , before Ire 4 \ i c..h.=::D_Llb->.; "'~--'~ ______ _
personally appeared i!."."-I;E:;~~'f2!,',L!!~!Ui;m,q.~!tiJJ..,:.:ftzd!.:Jt!!1J~tL/-:LlL~U;,EiiJ~~
personally known to me (or proved to lie on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instnnrent, and acknowledged
that he (she or they) executed it.
Witness II\Y hand and official seal.
;--0-------j .,. OFFICIAL SEAL e
.' ALI CHAHIDI ,
"
. NOptary PubliC California "-, nnelpal Office In Santa Clara Ccwnty
'; My commission expires Jun. 7, 1985 i ~(J~o~ ft J-':'(~~o .... J<!'i~
Notary Public in and for the County.
of Santa Clara, State of California
t.,
STATE OF CALIFORNIA, COUNTY OF ___ .;;;S..;.a..;.n;...;t;...a_C;...;l;;..a_r;...a ______ ss.
On January 5, 1983 , before me a Notary Public, within and for the said
County and State, personally appeared Cheryl M. Burnand ,known
to me to b" the person whose nam" IS subscribed to the within instrument as the Attorney-in-Fact of and
for the AMWEST SURETY INSURANCE CO., and acknowl to me that he scribed the name of the
AM WEST SURETY INSURANCE CO. thereto as owr name af)\ttom y-in-Fact.
ROCHElLE P. WOESS!IER ---I1>-A-L..I-<ll.' ,J..A,A..I!I-~C--l..A..I-lL!.U~<N'tv;;;-;;;;-;"i'
AS"'!)' 1-77 'M
NOTARY
PRINCIPAL Or-FleE IN
SANTA CLIIRA COUNTY
.... " ~nmMI!.!:.;'on Explre$ Feb. 15, 1986
•
i
, ,
•
BOND NUMBER 1024995
, , ~I:,--:iAL PWIIl;"H $ 3 0 0 • 00
FAITHFUL PERFOIDfA.'lCE AND COMPLETIO:l IMPRCVEME:rr BOND
(Subdivision Improve~nts)
KNO~ ALL N.c.'! ll't T.!!ESZ PRESENTS:
THAT l~, Ali Yazdanmanesh, Sakinah Yazdanmanesh, Abbass Golpour and
parvin Golpour
as Principal and AMWEST SURETY INSURANCE COMPANY
as Surety ire held and firmly bound unto the City of Cupertino" State of California, in
the sum of * *:G'iftaen Thausand, Dollars *,'1<************************************
* *****************************,**********************Dollars' ($ 15,000.00 )
l~~ful money of the United States, for the payment of ~hich will and truly to be made,
va bind ourselves, our heirs. executors, successors and assigns, jointly and severally,
fir:nl:y by these presents.
THE CONDITION of the foregoing obligation is such that,
J.rrlEREAS, said Principal .. 111 perfor", all necessary lrnprover.lents relative to ____ _
Tract 732'5
located 20085 Stevens Creek
in accordance .. ith the approved Improveoent Plans prepared by __ A_l~1~ie~d~E~n~g~i~n~e~e~r7i~n~g~ ___ _
_ ~~ __ ~~ _________________ Civil Engineer
-o-n-;:f-:l-::l-e-:l-n--:t-:h-e--:E=-n-g-l;-"n-e-e-r-" s-O=-f-:;f-:l-c-e-.-:C:-:l"r::y~ of Cup e r tina.
WHE~~S, Icprovements shall be completed within one (1) year from the date of
Acceptance of this bond by the City Council •
.... rlEREAS. Improvements shall be =in'tained for a period of at least one (1) year after
acceptance of construction by the City. This bond shall be in full force and effect
through the period of maintenance as provided in said contract. The maintenance period
shall continue until such time that all deficiencies of constr!'Ction are corrected to
the satisfaction of the Cir::y Engineer's Office. •
NO~, THEREFORE, if the said Pri~cipal shall well and truly do and perform all the
covenants and obligations as set forth above, on its part to be done and performed at
the time and in the manner specified therein. then this obligation shall be null and
void; otherwise this bond shall remain in full force and effect.
IN HITNESS WHEREOF. this ins tru"",,nt has been duly executed by the Principal and
Surety this 5th day of January • 19 83
(To be signed by
Principal and Surety
and acknuNledgment)
The above bond is accepted and approved
19 ___ ,
--/---_._-~
/' e -
, \
•
-.. . .
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA)
ss.
On this day of J.4Vtl44r!/O day of _-I-/'-, .... 9.~F..-=3:o...... ________ _
in the year of 19'£3 • before me _·..:dz.~c<::... __ -,CL.C/£.~~~-I-.f,~/.L(~·'/'-.Li __________ _
~ . A J personally appeared&;f4H b! Q L/bG>tl tJ4,tJV/ • .J t;a /.4od£ ,,'Ot' Y42 ,./A",mA '" >So(
• )'4 h '" /i:/,,:,7//.&-I &.</ ft7 ,4...,,;rrA
personally known to me (or proved to me on the basis of satisfactory evidence) Y
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it:·
seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFOIU~IA )
)
COUNTY OF SANTA CLARA)
ss.
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.
f,/?q/R?
Notary Public in and for the County
of Santa Clara, State of California
• . . AMWEST SURETY INSURANCE COMPANY
6301 Owensmouth Avenue. Suite 304
Woodland Hil/ •• California 91367
Telephone 213;, 704·1111
P6~~;~~ -in:~;~;;"\~\-\
56646
A
KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY; A CALIFORNIA CORPORATION
does hereby make, constitute and appoint GARY R. PETERSON-JANICE DRUEZ-DYANNE A.CAbAHAN-SHIRLEY
PAIVA-CHERYL M. BURNAND-JOHN IE. SAVAGI?-SCOTT D. A1'ISCHULTZ-M~R<:l,IE WILSON-CATHERINE
THOMPSON-ROCHELLE P. 'jIIOESSNER'7P9NNA J. ROGER!l-'.~UE BROWN,-I'!\AMELA SCOTT
/ WILH,ELMINA L. SNYDER, , \,,"
its true and laWful At!orney(s)·in·FaCl, with,full power and'aulhorltyfor and On behalf of the company as sure!y. loe.ecule and
deliver'and affix the seal of the company thereto If a seans rSQu-ired. bonds, ,und_Eirtakings, recogni'zances "or other written
obligations in the nature thereof, as follows: / // • ...' _ -• \, \ \ \-~ '\
CONTRACT, LICENSE/~ERMIT. COURT lie MI~PEt:LANEOUS BbNb~ TO$25b\oo~.oo \
and 10 bind AMWEST SURETY ·INSURANCI" COMPANY thereby. ond all of 'he aClS'qf said Attorneys,in.fact, pursuan,t to
these presents, are hereby ratifi~d and cOllflrmed, This appointment is made under and'by'authorlty o(the"following provi-
sions of the By· Laws of the cqrnpany. whic~h'af~ now in fu!!,force and cifeq<: \, ' .. '\ \ \
Article III, Section 7/01 the By·laws,iif A'MWEST,SURETY INSURANCE COMPANY \ . \ '
This pqwer of Attor'riey IS signJ?d.'n,d'sealed by f~atsifl(ie IInder a0d by th~"'~uthority ohre~'{ollowing resqlu1(ons ad6p·'
ted by .the board of dire~iors of AMw,.E~'SURETY INSU~ANCE COMPANY at a'~.ecting dUly,~eld\" Decemtier 1.5,1975.
f t at t e pres! ... ent or any vJce·yresL ent. 10 conJunctIOn wit t \secretary or~nv:-asslstant secte. RESOlVED/h h I.d t J /a" . /. . 'h 'h' \, \ ~
tary. may -k1pp'oint attorney~s~nJfact or agents with authorit'V~s defined or limited in. the instrument 'evidencing die
appointment/in each case; fotand on behalf 6f the company to execute and deliver'and affix th~,se~l\of the com\
pany to bp'nds. undertaKjn9s~reCognllance~( and sur-eWship obligations of all kinds; af]d said offic-ers rl!3Y remove U
any suchlattorney·in.faCt"or agent and .revoke any power'\. ofattorney'-prevlously gra-nted to such person. /~,ESOLVED .. FyATHER that,.{nyJ'hond, undef~akrhg. recognizanc.e, or suretyship obligation,Shali be lUilid
and bInding upon,. the company I / ;1 \. '
J, (jJ when sigl')e'd by' thc,pn,slderH or allY vl~e·pre,sjdent and attested ar}d s~aled (if 'a ,seal b~ rlFquiref,l) by any ~. , sf}cr~l:ar'Y or as;I~tarit 'sccre-tatv:for I I "'--._------,~ ----~ ---,--~,~------,
/ _ o-f) ,w~en ,signed by th4~m;sfdent Or anylvice.president or s.~c.re(ar-y .. or~assjst~nt-secretary.~a'JdCounterSigned-----7
I and sealed (if a'seal be requrred)~by a dury au'thorized attorney·in·fact or agent; or /
' (Iidlwhen duly execGteo and sealed/tif a seal be requ.red) by"one or more -attorneys-in-fact or agents pur-I suant to.a'nst\vi'hin the Ijriiil(of the alJt~cirity evidenced by the power, of attorney issued by the company to such
j person or persons. /;" I ~ _ -_> _ -~ -----------
/
I I ' , / 'RESOLVED'FUF\TH.ER th~( the signature of any authorized officfcand.the seal.of the.company may be.
I affjxe~lbv facslmil~:to/any p,ow~r of attorney or certification thereof autttorlzing the execution,and de!fvery oJ7
apV,bood, under,!aki,n.'g. reCQ~niz~n'ce. or other suretyship obligations of t.he 'Company ;.and such sjgn~tl,lre"and"s:eal
/ I Wh.en so 'used shall have th,e '8",e force and cUect.as though manually af"xed\ ' I
I i / J/ ,~ \, I t' l / I ,-_ _ •• ____ .~ _
_______ .J IN'WITNESS WREREOF. AMWEST SURETY INSURANCE COMPANY has caused these presents to be sigoed'by its
prope, officer. and ils corporale seal to be hereunto affixed this 17th day of Se]?tember 19..Jll...
~WEST SURETY INSURANCE COMPANY
.b4«~-d tla~.~~1
, • BOND tilUMBER 1.024995
LABOR AND HATERIAL BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Ali Yazdanmanesh. Sakineh Yazdanmanesh, Abbass Golpour and Parvin .. GolpoUl:
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
york 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 AMWEST SURETY INSU~~NCE COMPANY
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or 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
**Fifteen Thousand Do.1lars****************************************
************************************** ($_J::.=5.!,...:0:.O::..::O..: • ...:O:.O::... _______ ~).
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.
This bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 1184.1 of the Code of Civil
Procedure, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
STATE OF CALIFORNIA, COUNTY OF ___ -=S~ao.:n::.;t~a=__C~1:::;a::.r:=.a:=..... _____ 5s.
On January 5, 1983 , before me a Notary Public, within and for the said
County and State, personally appeared Cheryl M. Burnand , known
to me to b" the person whose namp IS subscribed to the within instrument as the Attorney-in-Fact of and
for the AMWEST SURETY INRURANCE CO., and to me that he supscribed the name of the
AMWEST SURETY as
A51.IOI t-71 tM
P~'HNCIPAL OFFICE IN
SANTA CLARA COUNTY
Commls:::len Esplrc$ Feb. 15,
L.'ibor and !-i.'ltt<ri::-l iJ..,nd Page 2
'"' ' ..
. And the said Surety. for value r~ceiv~d, hereby stipulates, and agrees
that no change, extension of tim~. alteratiDn or addition to ~he terms of ,
the contract: or to the work to be p'!rforDIad thereunder or the specixications
accompa..'1ying the san,e shall in any' >lise affact ies obligations on this bond,
apd it does hereby >laive notice ox any such change, ~tension of .time, alte~
ation or addition to the terms of the contract or to the work or to the spe.d-
fications _
IN WITNESS \-lHEREOF, this instrument has been duly executed. by the Principal
and Surety this 5th day of January • 1983 •
(To be signed by
Principal and Surety
and acknowledgmenl
and notarial secl
attached, )
• .-SURETY
By~ ;'
Attorney, intFacr
CHERY M _ URNAND
The above bond is accepted IlIld approved this ____ day of
_________ ,. 19_,
COMPANY
.. ..
, , .
,
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On this day of ___ ..</'-0=-___ day of --'-""'--":4."'''''"....1''-&4=;..<6)'''''7'--_______ _
in the year of IW
personally appeared &.<4>"5 t:3"hufd'AU'$../ 4,/;:>",,«4' cf4. (;P/.~./#I4.tf .1/( ,
I fIIA'lA';t.JT.1'-12/",,v H4''''U?,
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.
~()~O~l<&.'!::i:>O-c:c::::l'n~)~~ o V . " OFFICIAL SEAL ~
~ .:. , \ ALI CHAHIDI , 6 . ~/ Notm ~ f.'u!:Hlc California ~"
g .~ Prinripf1! Office 10
~" "),'flt;p f:lt.ua County
Notary Public in and for the County
of Santa Clara, State of California
~ My commi'5sicn expires Jun. 7. 19&5 ~
----~~~*~~~~~~~~, ---------------------------------------------
STATE OF CALIFORNIA }
}
COUNTY OF SANT~ CLARA}
CORPORATION ACKNOWLEDGEMENT
SS.
On this day of ________ ,.-J 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 ~'HEREOF, 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