83-005 Gloria and Wayne Sargent, Improvement Agreement< 1
>
A G R E E MEN T
This AGREEMENT made and entered into this 3rd day of
February, 19 83, by and
municipal corporation of the
designated as CITY, and Wayne
designated as DEVELOPER.
between the CITY OF CUPERTINO, a
State of California, hereinafter
and Gloria Sargent, hereinafter
WIT N E SSE T H
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 single family subdivision, hereinafter referred to as
"project."
WHEREAS, CITY hereby approves the improvement plans and specifi-
cations prepared for the Project by Kirkeby and Associates; a true
copy of said improvement plans and specifications are on file in the
office of the City Engineer of Cupertino; and WHEREAS, the same are
incorporated herein by reference, the same as though set out in full;
now, therefore, said improvement plans and specifications shall be
hereinafter called the "Plans," and the work to be done und"er the
plans shall be called the "Work."
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY
hereby established the amounts of Bonds, Fees, and Deposits as set
forth in the following schedule:
Page 1
, .
SCHEDULE OF BONDS, FEES AND DEPOSITS
improvement category -category 1 (980-206.42)
PART A. Faithful Performance Bond: $13,500.00
Thirteen Thousand Five Hundred and no/IOO Dollars
PART B. Labor and Material Bond: $13,500.00
Thirteen Thousand Five Hundred and no/IOO Dollars
PART C. Checking and Inspection Fee: $ 675.00
Six Hundred Seventy-Five and no/IOO Dollars
PART D. Indirect city Expenses: 101. 00
One Hundred One and no/lOa Dollars
PART E. Development Maintenance Deposit: $ 295.00
Two Hundred Ninety-Five and no/IOO Dollars
PART F. Storm Drainage Fee: $ 724.00
Seven Hundred Twenty-Four and no/lOa Dollars
PART G. One Year Power Cost: N/A
PART H. Street Trees: By Developer
PART I. Map Checking Fee: $ 50.00
Fifty and no/lOa Dollars
PART J. Park Fee: zone 0 $ 8,586.00
Eight Thousand Five Hundred Eighty-Six and no/IOO 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 the real property shown
on Exhibit "A", which is attached hereto and made a part hereof by
reference. Said dedicated property shall be free and clear of all
liens or encumbrances except those which the CITY shall waive in
Page 2
, ,
writing. The
i;lpd to keep
tion.
DEVELOPER agrees not to revoke
said offer open until the CITY
said offer of dedication,
accepts offer by resolu-
. (bJ 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:
(cl
each and
agrees to
(1) A preliminary title
insurance company relating to
dedication; said preliminary
furnished by DEVELOPER.
report issued by a title
the property offered for
Title Report shall be
(2) A standard policy of title insurance issued by a
title insurance company and insuring the 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-
t~on, 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 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.
(cl It is further agreed that the Work shall be done in accor-
dance with the most current Standard Specifications of the Department
of Public Works, California Department of Transportation, State of
California, and in accordance with the specifications of the Cupertino
Sanitary District where applicable.
Wherever the words "State" or "California Division of Highways"
are mentioned in the State Specifications, it shall be considered as
referring to the CITY of Cupertin01 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 qf the CITY and/or the cupertino Sanitary District, the
specifications 'of the CITY and/or the Cupertino Sani ta'ry 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
(al upon the execution of this AGREEMENT, the DEVELOPER shall
file with the CITY a faithful performance bond to assure his full and
faithful performance of this AGREEMENT. The penal sum of said faith-
ful performance bond shall be the full cost of any.payment to be made
under this AGREEMENT, the value of any land agreed to be dedicated,
and any improvements to be made under this AGREEMENT. In the event
that improvements are to be made under this AGREEMENT, the DEVELOPER
shall, in addition to said faithful performance, file with the CITY a
labor and materials bond in a penal sum adequate to assure full pay-
ment of all labor and materials required to construct said improve-
ments. The amount of said bonds shall be as designated by the City
Engineer. Said bonds shall be executed by a surety company authorized
to transact a surety business in the State of California and must be
approved by the City Attorney as to form and by the City Engineer as
to sufficiency. In the event that the DEVELOPER shall fail faithfully
to perform the covenants and conditions of this AGREEMENT, or to make
any payment, or any dedication of land, or any improvements herein
required, the CITY shall call on the surety to perform this AGREEMENT
or otherwise indemnify the CITY for the DEVELOPER's failure to do so.
(bl 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 (cl.
(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.
(d)
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
CIT.Y.
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 DJ.
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 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
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,
un~il 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
J:'ep'lace, 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 a, 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
stallation
possible.
further agreed that the DEVELOPER shall apply for the
of electric power for street lighting at the earliest
lB. 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 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
Paqe 9
legal fees and costs,
reasonable amounts as
city of Cupertino.
engineering, and other incidental costs in such
the CITY may require shall be deposited with the
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 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.
Pace 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
pOl.icies 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, administrator's, 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 rst above written.
CITY OF CUPERTINO
Approved as to form: Mayor:~ __ ~~~~ ___ f/1~_' ____ f-____________ _
City Clerk: ____ ~~~c=~~~~~~~~L-----
DEVELOPER:
. '
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA)
55 •
On this day of __ "'01_7_"'-___ day of _-,j).",-"e.:::;C!::::::.::e,,--,I?I.:...:::~:..:e:;rff+-__ ----; __ '
in the year of 1'lP-' before me]2oRo ill M&K,'(> c;/fh6'!'u $, I
personally appeared !J<5l II he... II D"'-C::4;e/.::J (V-: .ku:V"..-7 T ,
/ 7
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it:'
WITNESS my hand and official seal.
STATE OF CALIFO&~IA )
)
COUNTY OF SANTA CLARA)
Nota County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
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.
6/29/82
Notary Public in and for the County
of Santa Clara, State of California
STATE OF CALlFORNIA }
COUNTY o. __ s,an1.a. .. .Ql.<i;r;:£!. ... _ 55:
30th December 82 On thlo.. __ . ___ . ___ .. ______ '_ .... day oL._ ... _ ...• " .. _ .. _______ . __ .. __ · . __ , 19 ..... _ ... before me
____ . __ . __ .. __ J"JJI i~ .... ~.D!L .. w.tt!:!;~ ..... __ ......... __ ...... , • Notary Public, in and for tbe County and State
aforesaid, duly commissioned and sworn, personally appeared .. ______ .. __ p~!l n i s ~.! ..... J~9_0 d~.rd .. ___ ._ ...... ~_ .. _. __ .... __
known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney-
in-Fact nf the Fidelity and Deposit Comp.ny of Maryland, and acknowledged to me that be sub-
acrlbed the name of the Fidelity and Deposit Company of Maryland thereto and his OWn name as
Attorney-in-Fact.
WC>:!>~~t;<9C>:!>I;<!)I;<!)/I<!)~~C<9~C<9""', ~ e'" OFFICIAL SEAL a !1l, JULI E ANN WHITE ~ ~ • '~. '" I NOTARY PUBLIC· CALifORNIA 2
." SANTA CLARA COUNTY G ~ My Commission Expire, April 6, 1984 ~ ~Gl':lGl':l(;>'s~~GJ<:1G>t1~G>tIG>tIGJ<:1GJ<:1=""
~~ . .:..~~--... ---.. -.... -.. , ........ Public in and for the State of California,
Santa Clara DOry of_. ____ . __ . ______ _
BR (16) 15
Bond No. 9578495
MlNUAL PREHIl,.:H $ 243.00
FAITI~UL PERFO~~CE ru~D COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
i::''lOW ALL HEN BY T:rESE PP.ESENTS:
THAT HE, WAYNE H. &; GLORIA J. SARGENT.
as Principal and FIDELITY &; DEPOSIT COMPANY OF MARYLAND
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Thitreen Thousand Five Hundred and No/IOO-------------------------
-------------------Dollars ($ 13,500.00 )
laHful money of the United States, for the payment of '.hich will and truly to be made,
He bind ourselves, our heirs, executors, successors and assigns, jointly and severally,
fi~ly by these presents.
THE CONDITION of the foregoing obligation is such that,
WHEREAS, said Principal "ill perform all necessary improvements relative to ___ _
Single Family Subdivision
__ ~~~~~~~~~~~~~~~-~~~,,~~~~~------------Civil Engineer on file in the Engineer's Office, City of Cupertino.
FlRE3.E.'>.S, Improvements shall be completed ,qithin one (1) year from the date of
Acceptance of this bond by the City Council.
WI:!EREAS, Improvements shall be maintained 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 construction are corrected to
the satisfaction of the City Engineer's Office.
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the
covenants and obligations as set forth above, on its part to be done and performed at
the time and in the manner specified therein, then this obligation shall be null and
void; otherwise this bond shall remain in full force and effect.
IN HITNESS WHEREOF, this instrument has been duly executed by the Principal and
,;urety this 30th day of December , 19 82 .
'0 be signed by
'cincipal and Surety
,:d acknowledgment).
FIDELI'1':l'---!;--<:lRPOSIT COMPANY OF MARYLAND .•
Surety
Att
The above bond is accepted and approved this _____ day of _________________ ___
"
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA)
55.
On this day of ___ 3_0_t_h ____ day of __ -'D::..::e~c~e~m:.:b:..:e::.;r:_ ______ _
in the year of _1::.;9::.;8::.;2=--_ before me __ ~J~u~l~i~'e~·~A~n~n~Wh~~i~t~e~ ________ __
personally appeared Wayne H. & Glori<1...:J"-!., --"'S""a=-r ... g"'e"'n"'t'__ _______ _
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, an,d acknowledged
that he (she or they) executed it,'
WITNESS my hand and official seal.
~(;:G~~~G;GG1!)Wl>'(9~~G:<.9G'Af)(;f.9~1
~ @"::,,OFFICIAL SEAL ~ ~ ~/ " JULIE ANN WHITE '!J o ' . 1 ' G :, ,-?-",f. NOTARY PUBltC· CALIFORNIA ~ .i , . .,;" SANM CLARA COUNTY ~
~ My Commission Exp"e, April 6, 1984 2
n:",QfI"",,""'''''''Gl<1GJ'..1G>l1G>1lG);;l'''''G>:lG>l1Gl<ii''''
ublic .in an for
a Clara, State of
County
California
----------------------,_ .... _----------------_ ... _-------------------------------
STATE OF CALIFOfu~IA )
)
COUNTY OF SANTA CLARA)
CORPORATION ACKNOWLEDGEMENT
55.
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.
6/29/82
Notary Public in and for the County
of Santa Clara, State of California
Bond No. 9578495
LABOR AND HATERIAL BOND"
(Subdivision Improvements)
KNOW ALL HEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
WAYNE H. & GLORIA J. SARGENT
hereiqafter 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 sh"all 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 o~ 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 mathinery, 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
Thitreen Thousand Five Hundred and No/IOO-------~-----------------
------------------------------Dollars ($ 13,500.00 ).
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 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
wHl 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 }
~ ss: COUNtt o. ___ ""an.ta . ..c1.a~B..-
On this. ........ _ ........ :;tQj;lL ...... _ ........... _ ............... day of ................ J:2ec.!;!!I!.l:>e:r .... ____ .. _ •...• 19.§.~ ..• before me
.. __ ._ ... _ .. ___ ._._.Illlie .. .AuILWh.1t.e. ___ .. _____ .. _ .. _. a Notary Public, in and for the County and State
aforesaid. duly commissioned and sworn. personally appeared._ .... __ .. D.enn1.sJ.......JiQQ!1~"'--_._ .. __ .. _ .. ___ ...... .
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
Attomey-in-Fact~
';')(,9(N9~~~~G:f,S)C'i(!)~/';l{9li':(,9(;':(!)~Gl(!)OOI ~ •.. ..:.. OFFICIAL SEAL 8
, "';: JULIE ANN WHITE ~ ''''.'' NOTARY PUBLIC· CALifORNIA ~
{; ... -SANTA CLARA COUNTY G
i_My Commission Expire, April 6, 1984 ~
,~~~~~~~~~~~~~~~
..... _-_. ~.~-.---.---.-.
tary Public in and for the State of California,
Santa. Clara Countyof ___ ._._ .. ____ ..... _._ .. __ ....
BR (16) is
Lab or . and !-ill t I!. r.i ~ 1. ilund Page 2
And the said SureCy'. for value r.:lceivc:.d. hereby stipulates, and a!lre~s
that no change, extension of time, alteratirm or addition ta the, terms of
the contract or to' the work to be performed thereunder, or the specifications
'accompanying the san,e shall in an)' wise affect its obligations on this bOlla.
and it does hereby waive notice of any such change, axtension of ,time, alter-
ation or addition to the terms of the contract or to the work or to the sp<>ci-
fications.
IN vlITNESS vIHEREOF. this instrument has been duly executed. by the Principal
and Surety this 30th day of December • 19aL,
(To be Signed by
Principal and Surety
end acknowlcdgmr:.nL
and notarial seal
attached. )
WAYNE & GLORIA
FIDELITY & DEPOSIT COMPANY OF MARYL4ND
• .-'"~~C
By;
At torn"",,,,,,,,....,,.,. rd
The ~bove bond is accepted and approved this ________ day of
__________________ , 19
, .
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA)
ss.
On . this day of ___ 3_0_t_h ______ day of __ ...:D::.;e::.;c::.;e::.;m~b::.e.:.r=-------_
in the year of 1982 ,before me ._--..:J:..u=l::;ic::;ec....;;A;;;;n;;;;n:.....I;:..I1h=i..:tc.;:e'--_______ _
personally appeared __ W~a~y~n~e~H~.~~&~G=l~o~r~i~a~J~.~S~a~r~g~e~n~t~ _________ __
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, anp acknowledged
that he (she or they) executed it:·
WITNESS my hand and official seal.
W i>t91><!)1><!)i>t9G:(9G<.9G:(9i>t9 """"""G<.9"","""il'!), ~ OFFICIAL SEAL a'
~ Noi~R~E?~~_~~~NIA g
11 SANTA CLARA COUNTY ~ ~ . My Commission Expires April 6, 1984 ~ '=====G>;'l========G><
Notar ublie ~n and for the County
of S n a 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 me~ __________________________________ __
.personally appeared __________________________ ~ ________ ~---------------
personally known to me (or proved to me 9n the basis. of satisfactory evidence)
to be the person who executed the within instrument as president (or secretary)
or on behalf of the corporation therein named and acknOWledged to me that the
corporation executed it. ..
IN WITNESS WHEREOF, I have hereunto set my hand and. affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
6/29/82
Notary Public in and for the County
of Santa Clara, State of California
•
"
Power of Afforney .
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFlC'. SAtTlMOR'. 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. M. PECOT, JR. , Vice-President, and G. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, 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 Senl0r Vice-Presidents or Vice-Presidents specially atltbor~
ized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secre~
tary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents. Assistant Vice-Presidents and Attor'neys-in-Fact
as the 'busmess of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,
undertakings, recognizances, stipulations, policies.,contracts, agreements, deeds, and releases and assignments of judgments, decreesl mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Com~
puny may require, and to affix the sea! of the Company thereto.
does hereby nominate, constitute and appoint Dennis J. Woodard of Campbell, California ••••••
rue 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: a:ny and all bonds and undertakings Ii:! Ii:!. GO It GO It ~ It It It. 0 II> co It ••
11 t e 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 Dennis J. Woodard, dated,
March 30, 1977.
The said Assistant Secretary does hereby certify that the aioregoing is a true copy of Article VI, Section 2, of the By~Laws of
said Company, and is now in Coree. ~
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
.................... l:z:lib .............................. day oL .................... April ..........................• A.D. 19 ... 80 .. .
FIDELITY AND DEPOSIT COMPANY OF MARYI..AND ~ ............ A .l ~'O DePc$l". TTEST : t.J ~-~ a ~ ~~~~ ........ _ .. e_.l0_._Q~..... By ......................................... ~ ... . ;<Ot';~~ Assistant Secretary Vicc~Preside'lt
STATE OF MARYLAND } 5S: , ;
C'T': ," BALT";;;>~~ . On this 1 (til day of April. • A.D. 1980 • before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltirnore~ duly commissioned and qualified, came the above-named Vice~Presjdent and Assistant
Secretary of the FIDELITY AND DEl"OSlT COMPANY OF MARYLAND, to me personally known to be the individuals nnd officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being hy me dufy 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 oC the said Corporation.
IN' TESTIMONY WmntEOF, I have hereunto set my hand and affixed my Official Seal. at the City or DaltimoTC, the day and year
first .bove written." .. _. ~ N·~·t;;~Y·P~bii~·~~::l~::J9:a2::
CERTIFICATE
I, the undersigned, Assistant Secretary o( the FJDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attonley of which the foregoing is a Cull, true and correct copy, is in (ull 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~
dally authorized by the lloard or 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 dufy called and heJd on the 16th day of July, 1969.
RESOLVED: "That the facsiml!e or mechanically reproduced signature of any Assistant Secretary of the Company t whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shaH 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
._ ......... __ .,_.ii9J;.ll ........ _ .............. d.y of ....... .D.fl.c.ember_ .......... _ ........... , 198.2 .•..
L142SCd.-1M.9.-7'9 ZOSS73