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84-001 Michael Lynch, Lot line adjustment Stevens Creek Office Center/Improvement Agreement of Frontage located on Imperial Avenue Citi of Cupertino 10300 Torre Avenue - P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK December 14, 1983 Mr. George A. Mann Santa Clara County Recorder 70 West Hedding Street San Jose, CA 95110 DOCUMENT FOR RECORDATION Will you please record the enclosed document as follows: LOT LINE ADJUSTMENT - STEVENS CREEK OFFICE CENTER One (1) certified copy of Resolution No. 6196. • Resolution No. 6196: "A Resolution of the City Council of ‘the City of Cupertino Approving Lot Line Adjustment Between Two Parcels of Land Without a Parcel Map in Accordance with Section 66412 (d) of Subdivision Map Act as Amended January 1, 1980 Stevens Creek Office Center" Thank you for your cooperation. • Sincerely, • DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. 7E184481 4: RETURN TO CITY NO ITER in ;",;:"^ F_D d4 Cc OF CUPERTINO 10300 TORRE AVE. FILED REQUEST OF. WITH GOSH CODE0103 CUPERTINO, CA 95014-= tio1/4115 9 3• 1065'�� =1 s RESOLUTION NO. 69J'A CL RECORDS q '_ARA COUNTY '.QnCE A. HAHNi • ';F ' ;TRAR RECORDER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO • APPROVING LOT LINE ADJUSTMENT BETWEEN TWO PARCELS OF LAND WITHOUT A PARCEL MAP IN ACCORDANCE WITH SECTION 66412 (d) OF SUBDIVISION MAP ACT AS AMENDED JANUARY 1, 1980 STEVENS' CREEK OFFICE CENTER WHEREAS, there has been submitted to the staff a lot line adjustment between Parcel 2 and Parcel 3 of map filed in the office of the County Recorder on December 30, 1980, in Book 477 of Maps, Pages 51 and 52, described in the attached Exhibits "A" and "B", and WHEREAS, the City staff has reviewed the adjustment to see if a parcel map is required; and WHEREAS, in accordance with Section 66412 (d) of the Subdivision Map Act this adjustment may be made without filing a parcel map; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned lot line adjustment and exempts it from the require.aents of the parcel map. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 31cr day of Ocrnha r, 1983 by the following vote: Vote Members of the City Council AYES: ' Gatto, Johnson, Rogers, Sparks, Plungy NOES: None THIS ISc cERTIF.r TFV,T;;THe WITHIN INSTRIJOIF ISATR;f1.5,At�D,6,6F.2?„ECTCOPY ABSENT: None OF THc IINAL o4 rILI\ IC1;ti ita OFFICE. £'''':SLLLLJJJJ L3 ATTEy�' ° ✓• Ie'. ,v 119 ABSTAIN: None i' CITY di,al ❑F;TH'� G,11Y G ? ns:RTINo ATTEST: APPROVED: eY • !i,;icIcy% /s/ Dorothy Cornelius . /s/ John J. Plungy, Jr. City Clerk Mayor, City of Cupertino PARCEL 2 BEGINNING AT THE MOST SOUTHEAST PROPERTY CORNER OF LOT 2 , AS. SHOWN ON THE AFOREMENTIONED PARCEL MAP, SAID POINT ALSO BEING THE. NORTHEAST PROPERTY CORNER OF LOT 3 , AS SHOWN ON SAID MAP; THENCE SOUTH 89°54 ' 03" WEST 57 . 50 FEET; THENCE SOUTH 0°05 ' 57" EAST 37 . 00 FEET; THENCE SOUTH 89°54 ' 03" WEST 91 . 57 FEET; THENCE NORTH 0°05 ' 57" WEST 190 . 35 FEET; THENCE NORTH 89°54 ' 03" EAST 149 . 34 FEET TO THE POINT OF BEGINNING; AND CONTAINING 0 . 603 ACRES MORE OR LESS . PARCEL 3 BEGINNING AT THE NORTHEAST PROPERTY CORNER OF LOT 3 , AS SHOWN ON THE AFOREMENTIONED PARCEL MAP, SAID POINT ALSO BEING THE SOUTHEAST PROPERTY CORNER OF LOT 2 , AS SHOWN ON SAID MAP; THENCE SOUTH 0°00 ' 15" EAST 189 . 00 FEET TO STEVENS CREEK BOULEVARD; THENCE ALONG THE RIGHT-OF-WAY LINE FOR STEVENS CREEK BOULEVARD SOUTH 89°54 ' 03" EAST 210 . 88 FEET; THENCE NORTH 0°05 ' 57" WEST 152 . 00 FEET; THENCE NORTH 89 °54 ' 03" EAST 122 . 84 FEET; THENCE NORTH 0°05 '57" WEST 37 . 00 FEET; THENCE NORTH 89° 54 ' 03" EAST 57 . 50 FEET TO THE POINT OF. BEGINNING; AND CONTAINING 0 . 677 ACRES MORE OR LESS . PAGE 2 OF 2 1065 f"ti 687 • LEGAL DESCRIPTION FOR LOT LINE ADJUSTMENT STEVENS CREEK OFFICE CENTER ALL THAT CERTAIN PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER, SANTA CLARA COUNTY, STATE OF CALIFORNIA, ON DECEMBER 30, 1980, IN BOOK 477 OF MAPS , AT PAGES 51 AND 52 , AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : PARCEL 1 BEGINNING AT THE MOST NORTHWEST PROPERTY CORNER OF LOT 1 , AS SHOWN ON THE AFOREMENTIONED PARCEL MAP, ALONG THE RIGHT-OF-WAY LINE OF ALVES DRIVE (60 ' WIDE) , EAST 159 . 98 FEET TO A POINT OF CURVATURE; THENCE ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 170 . 00 FEET, THROUGH A CENTRAL ANGLE OF 31° 30 ' 00" , FOR AN ARC DISTANCE OF 93 . 46 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 230 . 31 FEET, THROUGH A CENTRAL ANGLE OF 31 "32 ' 20" , AN ARC DISTANCE OF 121 . 27 FEET; THENCE NORTH 89°57 ' 40" EAST 34 . 23 FEET; • THENCE LEAVING THE RIGHT-OF-WAY LINE FOR ALVES DRIVE, SOUTH 0°00 ' 15" WEST 378 .80 FEET; THENCE SOUTH 89°54 ' 03" WEST 149. 34 FEET; THENCE SOUTH 0°05 ' 57" WEST 190 . 35 FEET; THENCE SOUTH 89°54 ' 03" WEST 31 . 27 FEET; THENCE SOUTH 0°05 ' 57" WEST 152 . 00 FEET TO STEVENS CREEK BOULEVARD : THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE FOR STEVENS CREEK BOULEVARD SOUTH 89°54 ' 03" WEST 30 . 88 FEET; THENCE NORTH 0°05 ' 57" WEST 194 . 00 FEET; THENCE NORTH 89°54 '03" EAST 186 . 64 FEET; THENCE NORTH 0°02 ' 15" WEST 585. 33 FEET TO THE POINT OF BEGINNING; AND CONTAINING 4 .819 ACRES, MORE OR LESS . . PAGE 1 OF 2 RESOLUTION NO. 6233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE LOCATED ON IMPERIAL AVENUE; DEVELOPER, MICHAEL LYNCH; AUTHORIZING THE CITY ENGINEER TO SIGN THE FINAL PLAN; AND AUTHORIZING EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval of the final plan for the improvement of street frontage located at 10230 Imperial Avenue by Michael Lynch; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, gutters, sidewalks, and for other imrovements, and good and sufficient bonds, fees and deposits as set forth in Exhibit "A", having been presented for the faithful performance of said work and the carrying out of said agreement; and said plan, agreement and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that said final plan for the improvement of street frontage at 10230 Imperial Avenue be and the same is, hereby, approved; and the City Engineer is hereby authorized to sign said final plan; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City to Cupertino this 3rd day of January, 1984 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Rogers, Sparks, Plungy NOES: None ABSENT: None ABSTAIN: None APPROVED: /s! John J. Plunge, Jr. Mayor, City of Cuepertino ATTEST: /s/ ilnrnthy f ni rnel ins City Clerk EXHIBIT "A" SCHEDULE OF BOND, FEES AND DEPOSITS DEVELOPMENT: Commercial Building Michael Lynch LOCATION: Imperial Avenue A. Faithful Performance Bond: $23,000.00 Twenty—three Thousand and no/100 Dollars B. Labor and Material Bond: $23,000.00 Twenty—three Thousand and no/100 Dollars C. Checking and Inspection Fee: $ 1, 150.00 One Thousand One Hundred Fifty and no/100 Dollars D. Indirect City Expenses: $ 173.00 One Hundred Seventy—Three and no/100 Dollars E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $ 917.00 Nine Hundred Seventeen and no/100 Dollars G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: 50.00 Fifty and no/100 Dollars J. Park Fee: N/A K. Water Main Extension Deposit — Main Installation L. Maps and/or Improvement Plans: By Developer • -\ .. - . • . .1 065?AGE 690 • 1 065 ilGE 689 . I . 1 065 pia 688 . . . . . i• . , • IT)- -..*--i %. M g . • ' 61.E1-01-1" .WAY . ----- - 1---.: - - „SA/CH WAY , st) -1/4-6 •%. : - 8.414147/ !"=8.0' g -Il I: ik122111'1. b • ' :2 .:. 4 A/1).5 0.," CO 1."5/i'77.44:', I -7A10,i 0 a Al C$8/iV(4 •, n , Z.4A.00 S OF 415:6',9/A44 N.; ••.: t • ...911441..)/‘.?4 776" L.7%0. . . . ., r tk'1N - • ./sideo*.Ar.EASEmz-vvr(0ER l'N Lk' • ,, r, . „•447.,0 afrem /CI t,_ .84".0173 OR. ly.S50 t, ) . ,4.41 ..30.00_4(: NO0°00 75-E 72/./.5' - a. a 60.00' /5.642. N :11\ - - -\-.-----` ‘‘ 37,80' /53.35' 14 -- 2.9.00' . . ° .9Si 14,1' • . • • /0WIDER77.0:15:77.- -. -.. • ) . 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FAINT WRITING' OR TYPING ' 585.33' ' -4-;...7.; " - ' , PC.E/Se90 OR CARSON CORM'S MAKEfl ..-t - k . L.4.AZO 5 Cr • LAAILIS OF ME ASSEMBLY ' ' - , i Ca ooR PHOTOGRAPHIC RECORD N • I • Of.454‘04./ r or sot: or ol.itn -Rr.fiv,:, , Y. ht•Vi'2, lz- is. . k t4 • . . . • • - - • • . - - - - • . - 1 . • - • 1 • I - /AI . _ -- -- _ ___ . M..•---. STELL.IAIG iir ROAD • S'T'ELLING ROAD . - . :As, . ... . / AGREEMENT This AGREEMENT made and entered into this 21st day of November , 19 83 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and MICHAEL LYNCH, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a parcel map and is securing a building permit from CITY to construct and maintain a commercial building, hereinafter referred to as "Project. " WHEREAS, CITY hereby approves the improvement plans and specifi- cations prepared for the Project by Jennings, McDermott and Heiss; 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 under 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 - N/A PART A. Faithful Performance Bond: $23,000 .00 Twenty-Three Thousand and no/100 Dollars PART B. Labor and Material Bond: $23, 000 .00 Twenty-Three Thousand and no/100 Dollars PART C. Checking and Inspection Fee: $ 1,150 .00 One Thousand Fifty and no/100 Dollars PART D. Indirect City Expenses: $ 173.00 One Hundred Seventy-Three and no/100 Dollars PART E. Development Maintenance Deposit: $ 250 .00 Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: $ 917.00 Nine Hundred Seventeen and no/100 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/100 Dollars PART J. Park Fee: N/A PART K. Water Main Extension Deposit - Main Installation PART L. Maps and/or Improvement Plans: By Developer NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO-WIT: 1. DEDICATION (a) The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in Page 2 writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolu- tion. (b) Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real prop- erty described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER' s sole cost and expense, to the CITY: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication; said Preliminary Title Report shall be furnished by DEVELOPER. ( 2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of : N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. (c) Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: (a) The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City En- gineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole op- tion, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY competes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER' s surety or both. (b) The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with 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. (c) It is further agreed that the Work shall be done in accor- dance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 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 file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faith- ful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full pay- ment of all labor and materials required to construct said improve- ments. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER' s failure to do so. (b) In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: (1) Cash; or, ( 2) A cashier' s check, or a certified check, payable to the order of the City of Cupertino or, (3 ) A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . (c) The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and con- ditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. (d) No release of surety bond, cash deposit, check, or certi- ficate of deposit, shall be made except upon approval of the City Council. 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 F) . 9 .B WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 10 . ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 11. FEES FOR THE INSTALLATION OF STREET TREES It is further agreed that the CITY shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the CITY of Cupertino. Variety of tree shall be selected from the City approved list. 12. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is re- quired within "Park Dedication Ordinance" Number 602, 1972 and which is further stipulated under Part J. , Page 2 herein. 13 . MAINTENANCE OF THE WORK Page 7 • • • •It is further agreed that the DEVELOPER shall maintain the Work, until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfation of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this agreement, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the constructions of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. Page 8 • • 15. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, per- taining to special 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 Page 9 • • 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 the City of Cupertino. 20 . HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the com- pletion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER' S agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents, and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council, individually and collectively, and the officers, agents, and employees of the City, individually and collectively, have other in- surance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. (a) Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each per- son; $300 ,000 each occurrence; property damage, $50,000 on account of any one occurrence with an aggregate limit of not less that $200,000 . (b) The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evi- dence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least 10 days advance notice thereof. Page 10 (c) In the event that the Project covered herein should be mu- tually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 22. MAPS AND/OR IMPROVEMENT PLANS • It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: (a) A mylar sepia and seven (7) prints of fully executed parcel maps. (b) A mylar sepia and thirteen (13) prints of fully executed tract maps. (c) A mylar sepia and eleven (11) prints of fully executed improvement plans. (d) A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps . It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. Page 11 • 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. CITY OF CUPERTINO Approved as to for ' . Mayor: :SL.aA IP 010 City ittorn= ' O City Clerk: f DEVELOPER: By: 9 LA 4 STATE OF CALIFORNIA ) ss. • COUNTY OF SANTA CLARA) • On this day of 21st day of Novembers in the year of 1983 , before me Marian IT Marla, Nntnry Dnhlic • personally appeared Michael Lynch + 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. w �, uCCCOuIUTumnh.hIu,CUCuiFuICCCCCCiuLCIISClECACLCCC. OFFICIAL SEAL ' r r ±+ MARIAN L MADU Notary Public in nd or the County P NOTA:.? Ft:LIC • CALIFORNIA � of Santa Clara, tate of California ti-.l COUNTY OP SANTA CLARA ry Comm, Exp. Jan, 10, 1908 vungu]03D77....:7ggai9gigaUg a1CZ13II61CCId1AA 11. 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 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 6/29/82 �y/q/p� Certificate of Insurance �,�rVI VD THIS CERTFICATE IS ISSUED AS A MATTER,OF INFORMATION ONLY AND CONFERS''NO: RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED.BELOW. NAME AND ADDRESS OF AGENCY ROLLINS BURDICK HUNTER COMPANIES AFFORDING COVERAGES OF NORTHERN CALIFORNIA P595.O. E. 51110 BLVD., COMPANY A Hartford Accident & Indemnity Co. P.O. BOX 51110 PALO ALTO, CA 94303 COMPANY TEL: (415) 86-6 5500 LETTER B Industrial Indemnity Company NAME AND ADDRESS OF INSUREDCOMPANY //++ J. Michael Lynch and Joan B. Lynch LETTER �.r Fireman's Fund Ins. Co. dba Cupertino Supply, Inc. COMPANY 10230 Imperial LETTER Cupertino, CA 94014 COMPANY E LETTER This is to certify that policies of Insurance listed below have been issued to the Insured named above and are In force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the Insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY TYPE OFINSURANCE POLICY NUMBER POLICY I Limits of Liability in Thousands(000) LETTEREXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ S ®COMPREHENSIVE FORM ®PREMISES-OPERATIONS PROPERTY DAMAGE S S ❑ EXPLOSION AND COLLAPSE HAZARD A ❑UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND a CONTRACTUAL INSURANCE 57 SMP 525903 5-1-84 PROPERTY DAMAGE S 500 $ 500 BROAD FORM PROPERTY COMBINED DAMAGE �IXI��XIIINDEPENDENT CONTRACTORS gg PERSONAL INJURY PERSONAL INJURY S AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) S El COMPREHENSIVE FORM BODILY INJURY S El OWNED (EACH ACCIDENT) El HIRED PROPERTY DAMAGE $ BODILY INJURY AND A El NON-OWNED 57 SMP 525903 5-1-84 PROPERTY DAMAGE 1.500 COMBINED EXCESS LIABILITY BODILY INJURY AND B a UMBRELLA FORM 0 89 XLB 157 96 31 5-1-86 PROPERTY DAMAGE $1,000 $1,000 ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY C and CP 853-5032 12-1-84 000 100 EMPLOYERS'LIABILITY $ r ,T,rH OINTI OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES It is hereby understood and agreed that the City of Cupertino 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 are hereby named as additional insureds as their interest may appear. It is hereby agreed that this ins urance is primary over any other insurance in rorce. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn- pany will endeavor to mail —10— days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER; City of Cupertino DATE ISSUED. -I2-19-63 _ Department of Public Works and Building Dept. Cupertino, Ca. Rollinsaint Hunter of No. Ca./wje UTHORIZED REPRESENTATIVE ACCRD 25(1.79) • r - - ANNUAL PREiIIUM $ 414.00 • FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND Bond #9713862 (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT 41E; J. Michael Lynch and Joan Lynch as Principal and Fidelity and Deposit Company of Maryland as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Twenty-Three Thousand and no/100 Dollars ($ 23,000.00 ) lawful money of the United States , for the payment of which 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, WHEREAS, said Principal will perform all necessary improvements relative to a commercial building located on Imperial Avenue in accordance with the approved Improvement Plans prepared by Jennings, McDermott and Heiss Civil Engineer on file in the Engineer's Office, City of Cupertino. WHEREAS, Improvements shall be completed within one (1) year from the date of Acceptance of this bond by the City Council. WHEREAS, 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 WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 21st day of November , 19 83 ' ( (To be signed by Principal and Surety J. Michael nch Princi 1 end acknowledgment) -L--' Principal Joan Lync Fidelity and Deposit Company of Maryland -? Surety By: �c. ,_, _ y Attorney-in-F Wilma Jean Evans • The above bond is accepted and approved this day of 19 STATE OF CALIFORNIA On this 21st day of November in the year r COUNTY OF Santa Clara Ninatecn NiinAraA Fight-y—Thrace (1481) before me Mari an J. Madu , a Notary Public, State of California, duly commissioned and sworn,personally appeared Wilma Jean Evans :11.1110::11:117111:11.i.C:7111:711::::11:11eoeee:ecuauo:eeeoeen personally known tome(or proved to me on the basis of satisfactory evidence) IIAL SEAL to be thg Attorne in Fact of the corporation AN .1. MADLJ that executed the within instrument, and also known to me to be the :NC• . CALIFORNIA � i--Alt COUNTY OF SANTA CLARA person who executed the within instrument on behalf of the corpora- 1 _ Comm. Exp. Jon. 70, 7986 tion therein named, and acknowledged to me that such corporation executed a :,nmmuFtnnnenumlllll H18111111111 lllllllllllll® the same Fidelity & Deposit Insurance Company At IN WITNESS WHEREOF I have hereunto set my hand and affixed a' my official seal in the County of The donna bc„y„ Ic ,he,may be proper tor usomelm* Santa Clara on the tit fo 'abo in this certificate. rweabis and m no way en.a b Intended tea as aridity")mr The taro d an etarq.The aLLfNuawa not=ken-warranty arrant oma egress a'mated asm the legal veiny dairy madam or ab wkmtty el mese Gama In any*act traaeaion. tory bllc,State of California Cowdery's Form No.28—Acknowledgement to Notary Public—Corporation(C.C.Sees. 1190-1190.1) My commission expires 1-10-86 -• • • • STATE OF CALIFORNIA ) ss. • COUNTY OF SANTA CLARA) On this day of 21st day of November in the year of 1983 , before me Marian J. Madu, Notary Pub]ir personally appeared J. Michael Lynch and.Joan Lynrh 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. • ¢eocaeaeunsnooaetueF F I CenuanaFunauL j� /� G�;�'ti—"""`� • OFFICIAL SEAL L , MARIAN J. MADU :'•, ;:cir,: r NOTAT: 6Ut.LC - CALIFORNIA Notary Public in for the County nig COUNTY OF SANTA CLARA of Santa Clara, S ate of California Comm. Exp. Jan. 10, 1986 �unnncrionn n nuunuununempnuutn! 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 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 6/29/87 LABOR AND MATERIAL BOND (Subdivision Improvements) Bond #9713862 KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and .T Michael Lynch and Joan Lynch hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors , shall fail to pay for any materials , provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland as Surety, firmly bind ourselves , our executors , administrators , successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies , or corporations furnishing materials , provisions , provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and- all persons , companiesor 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 Twenty-Three Thousand and no/100 Dollars ($ 23,000.00 ) , 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 contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. STATE OF CALIFORNIA On this 21st day of November in the year COUNTY OF Santa Clara Nineteen Hundred Eighty-Three (1983 before me T"e Marian J. Madu a Notary Public, State of California, duly commissioned and sworn,personally appeared Wilma Jean Evans personally known to me(or proved to me on the basis of satisfactory evidence) • OFFICIAL SEA to be the Attorney in Fact of the corporation e MARIAN J. MAW = that executed the within instrument, and also known to me to be the NOTAnt POILmC - CALIFORNIA person who executed the within insent on behalf of the corpora- COUNTY OF SANTA CLARA tion therein named, and acknowledged to me that such corporation executed Comm. Exp. Jan. 10, 1986 a the same Fidelity & Deposit Insurance Company • iIIIIIIIIIIIIIuIIlhIIIII111IIII.IIIIIIIIIIIIIIIIIIIIIImill IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal n the County of _ Santa Cana TN,dmanaM bony a general IPIn w1hYA maybe proper for use in simple on the datefo ave in this certificate. Itarastw aM b no way act.P b beaded m a,t.as a statute for me aM /aalanattonnThe eptinfer does rot make any warranty ether expresser as d . if-A-ei.G!J to legal Walt/W WT/P IS4f CC the WtavMMy of these fomn In an/Irool(K transoms. Cowdery's Form No.28—Acknowledgement Notar Public, State of California to Notary Public—Corporation(C.C:Secs. 1190-1190.1) Rs.,rnmmiceinn anin.. 1-10-86 . Labor and Naturioi Bond Page 2 And the said Surety, for value received, hereby stipulates , and agrees that no change, extension of tirn. , alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of .time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this instrument has been duly executed, by the Principal and Surety this 21st day of November , 19 83 (To be signed by \--- ( Principal and Surety 1.7 and acknowledgment Principal Michael Ly ch and notarial seal attached.) Pri..eipal can oc Fidelity and Deposit Company of Maryland Surety By: -!N Attorney-in-Fadi Wilma Jean Evans The above bond is accepted and approved this day of , 19— d STATE OF CALIFORNIA ) ss. • COUNTY OF SANTA CLARA) On this day of 21st day of November in the year of 1983 , before me Marian J. Madu, Notary Public ' • personally appeared J. Michael Lynch and Joan Lynch 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 • . mmeempCmmmtlmlmmmmmmeammmmmemmmmmmeennmmmnmmmmmeeaet] �� OFFICIAL SEAL !an MARIAN J. MADU �0 J� X otary Public in d r the County P. v,z' �' "® .1 NOTA:N 4a - CALIFORNIA � T, COUNTY OF SANTA CLARA of Santa Clara, tate of California Comm. Exp. Jan. 10, 1986 • SlunnunnununnummammenunmmeenomumQ CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. ' • COUNTY OF SANTA CLARA) On this day of day of in the year of , before me personally appeared m 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 Alnolg9 12. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland,by C. M, PECOT, JR. ,Vice-President,and C. 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: "The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys- in-Fact as the business 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, decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Wilma Jean Evans of Palo Alto, California • s 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: any and all bonds and undertakings, each in a penalty not to exceed the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000).... . ... e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this '16th day of March , A.D. 19 76 ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SIGNED) C. 11. ROBBINS By C. M. PECOT,, JR. (SEAL) Assistant Secretary Vice-President STATE OF MARYLAND 1 SS: CITY OF BALTIMORE J On this 16th day of March , A.D. 19 76before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore,duly commissioned and qualified ,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. (SIGNED MELINA.A..T.a..HAA$ . (SEAL) Notary Public Commission Expires.J?{1y..1,..-1.976. CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 21st day of November 1981.-. L1419—Ctf. 199365 Assistant 'aviary