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84-009 Trust IV, Inc., Tract Agreement Tract 8016, Salem & Foothill Blvds/Improvement agreement McClellan Rd east of San Leandro • RESOLUTION NO. 7192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 8016 LOCATED ON SALEM AVENUE DEVELOPER THRUST IV ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 8016 located on Salem Avenue and Foothill Boulevard showing certain avenues, drives, places, and roads by Thrust IV; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds, 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 map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map and improvement plans of 8016, be and the same are hereby approved. b. The offer of dedication for roadway and for easements is here- by accepted. c. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 18th day of May , 1987, by the following vote: Vote Members of the City..Council AYES: Gatto, Johnson, Rogers, Sparks NOES: None ABSTAIN: None ABSENT: Plungy • ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ W. Reed Sparks City Clerk Mayor, City of Cupertino EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: TRACT NO. 8016, THRUST IV LOCATION: SALEM AVENUE AND FOOTHILL BOULEVARD A. Faithful Performance Bond: $195,000.00 One Hundred Ninety-Five Thousand and no/100 B. Labor and Material Bond: $195,000.00 One Hundred Ninety-Five Thousand and no/100 C. Checking and Inspection Fee: $ 9,750.00 Nine Thousand Seven Hundred Fifty and no/100 D. Indirect City Expenses: $ 1,460.00 One Thousand Four Hundred Sixty and no/100 E. Map Filing Fee: $ 140.00 One Hundred Forty and no/100 F. Development Maintenance Deposit: $ 3,000.00 Three Thousand and no/100 G. Storm Drainage Fee: Refund ($ 5,492.00) Five Thousand Four Hundred Ninety-Two and no/100 H. One Year Power Cost: $ 72.00 Seventy Two and no/100 I. Street Trees: BY DEVELOPER J. Park Fee: Zone No. 1 $ 91,800.00 Ninety-One Thousand Eight Hundred and no/100 K. Water Main Extension Deposit: N/A L. Maps and/or Improvement Plans: BY DEVELOPER M. Signalization Participation: Salem Ave. & Foothill Blvd. $ 10,500.00 Ten Thousand Five Hundred and no/100 TRACT AGREEMENT TRACT 8016, SALEM & FOOTHILL BLVDS. r J This AGREEMENT, made and) entered into this /1 day of , 19 / , by and between the CITY OF CSJPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and THRUST IV, TNC. hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated as Tract 8016, SALEM & FOOTHILL BLVDS. Cupertino, California, hereinafter designated as the "Tract;" and WEEMS, said map shows certain courts, drives and roads which are offered for dedication for public use; arra WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Tract by MARK THOMAS CO. , a true copy of said improvement plans arra specifications are an 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 plansand specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." 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ATOazrpul •Q mid OOT/ou• pup San, pazpunH uanas puEsnogy auTN o0'o5L'6 $ :sej uonoedsui pua buppatp •O aria ---- ooT/ou Puy puEsnogy anT,-SaauTN pazpunH auo 00'000'561$ :Puog Tu-Pa4UPTPuu .zo227 'a Diva 001/o11 puE puesnogy aAT,-AaauTf pazpunH auo 00'000'561$ :pso3 aoueutzo3sad Trigg;-Rea 'K mid 4TTS0f3Q QNV 'SaNOH dO =MHOS OS :e rn egos buTmoiio; etg uT tpgzo; ;es se sg-tsodaj pn 'seeg 'spuog ;o s u owu ate. pegsTiopqsa Agazatl Aim eta 'INENEGEDy srtp; ;o saoTsTAoad atpp og gumnsand 'Sd' Itd NOW, ' `TEPEFORE, TT IS HEREBY MUTUALLY AGREED by and between the ' parties hereto as follows, TO WIT: 1. INSTAL amrON 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 Engineer. In the event the DEVE OPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be autho- rized to complete the Work in whatever manner the 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 Work 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 inspection. and with the approval of the City Engineer. The Work shall be done in accordance with the 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, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Deparbuent 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. 2. 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 frau 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. Page 3 • 3. QUITCLAIM DEED It is further agreed that the 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 undergxrnmd strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim 'Deed and Authorization" in favor of CITY, when presented to him for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful 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 AGREIT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and um materials bond in a penal sadequate to assure full payment of all labor and materials required to constrict said improvements. 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 so do. 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 conditions 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 certificate of deposit, shall be made except upon approval of the City Council. E. 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GNI '9 ';oazsia gtnsaz e se butt pue anp mns Tertotgtppe Sue 30 82d0q2AS2 A;taou 'Tags aeautbug AgTD egg 'PaaeTno eo sT tons Ptes gottiM zoos; ageiutgsa ata M 2; ATTetzag2ut AMA 4s00 tmt40024suO0 pillow ' (0 ;zed) Z abed ge uteleu qg o; gas se gunome ata ' ' slip. 30 uolnOaxa o; zotzd 'Liao tptM pagtsodep eaeq TTe<is mama= 42gg Poe 'aoecozd Pis team uotgoeuuoo uT ALTO Aq pazznoUT ' '04s 'b q0 'uotgoadsut ao; sasuad:ca goaztp Azesseoau Tie Poe Ale Aed TTetia 820 112102 gena peeabe zatiazrt3 st 42 22d NOIS.03dSNI ON'd 2NDO3 D '9 • • . 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. 12-A. PARK FEE ADOUSIMENT PROVISIONS The value of the lard used in establiahi g the "Park Fee" outlined herein on Page 2, Part J, requires formal confirmation. The Developer shall employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" based on the appraisal. The Developer agrees to pay for any deficiency within thirty (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction 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 construction 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. 15. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions Inde, perta9nirng to special assessments or bonds, have been compliedwith. 16. CENTRAL laRt DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection 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. Page 6 17. srte ;T LIGHTING - P.G.and E. RATE SCHEDULE SHALL APPLY It is -. further agreed that the DEVELOPER shall apply for the installation of electric power, for street lighting at the earliest date possible. 18. PACIFIC GAS AND ELECTRIC/PACIFIC BELS, It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC BELS, any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrourring 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 BELS, that said fees are due and payable. 19. EASEMENTS AND RIGEII-OF4 Y It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVEIAPER 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 sten 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 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 W,REII,ESS 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 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 tines 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 insurwi. Said separate policy shall provide treitly 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 ply 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 Page 7 . ' 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 insurance 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 person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engin ar at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear anendorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the project covered herein should be mutually 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. 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 September 9, 1977. 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. 23. MAP AND/OR IMPROVEMENT PLANS • It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and thirteen (13) prints of fully executed tract map. B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. Page 8 24. 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 City Council of said CITY. IN WITNESS WHEREOF, 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 CUPPERITINO: Approved as to form: �� ;t►''. . .s ' Mayor A / 4.1421 64i(-- City Attorney Ci ' Clerk r C 2,5 127 DEVELOPER: THRUST IV, TNC. / •vi r Notary Aclauowledgment Required. Y Page 9 (Rev.3-1986) CORPORATE ACKNOWLEDGMENT NO.202 r,eaRe*P2ea - State of e."422//c27/60/9- On this the /7 day of 47 192, before me, </ SS. tantie l try�� o County of i S P29 6.4669 7a5V Lo ei the undersigned Notary Public,personally appeared 1 o ,%a4' A ,3iK« fi W personally known to me ❑ proved to me on the basis of satisfactory evidence n to be//the person(s)who executed the within instrument as ) •N••• OFFICIAL SEAL /✓jQ /p�N7 or on behalf of the corporation therein ' PATRICIA TAYLOR °s-tette'— Notary Public-California named,and acknowledged to me that the corporation executed it. r °• 'ez`;-•J SANTA CLARA COUNTY o t yam, TEN WITNESS d�andofficialseal. • My Comm.Exp.Apr.10.1881 XGJ • .7/� //� 1 t Notary's Signature o 7120 122 NATIONAL NOTARY ASSOCIATION•22012 Ventura Blvd.•PO.Box 4625•Woodland Hills.CA 91364 Bond No . AB14430 ANNUAL PREMIUM $ 4 , 212 . • FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNGW ALL MEN BY THESE PRESENTS: THAT WE, Thrust IV, Inc . as Principal and American Star insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of One hundred ninety five thousand and 00/100 Dollars ($ 195 , 000 . " ) 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 Tract 8016 located on Salem Avenue at Foothill Expressway, Cupertino, Calironia in accordance with the approved improvement plans prepared by Mark Thomas F, Co Civil Engineer on file in the Engineer's Office, City of Cupertino, and incorporated herein by reference. 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. WHEREAS, Principal and Surety shall be responsible for any and all damages arising under the original contract. 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 dui executed by the Pr.ircipairand Surety this 14th day of May , ,9/ 7 . 247 IV (To be signed by /. Principal and Surety. i.- • .a Notary Acknowledgments _ , - required.) AMERICAN STAR INSURNACE COMPANY- ' Surety a '/ %Y- BY: ii— . d - a Lrtorneyn=act / - James F. Schroeder The above bond is accepted and approved this day of i4 19 6/17/85 STATE OF CALIFORNIA County of San Hagg' On this day of in the year nineteen hundred and , A. D. , before me . . Ax.Lene M.. .T,aw.spn . . . personally appeared . . .James F... .Schwed.es , known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of American . .Stax .insutance. .co and acknowledged to me that he subscribed the name of thereto as principal and his own name as attorney in fact. r. + rc=• s OFFICIALSEAL IN WITNESS WHEREOF, I have hereunto set + �,I', h NARALENEM AWI ORNIA my hand and affixed my official seal in said \ Countythe dayand year in his certificate c `j�it�G Principal Office in SAN MATED County + o4n.;.c MyCommission Expires Oct.20.1990 above wr ten// , ^/ AO / B 5052 Notary Public in and for theCounty of San Mateo State of California My Commission expires 10/20/90 '..CORPORATE ACKNOWLEDGMENT NO.202 rr -Cr_ rrrrrr ,S State of '/-/fOL' 4 On this the y of /04Y 198 before me, 1. SS. '...,c, County of �c5:49).4/729 &,,59 /Q "lie/C!// ,y'o/C-' , tithe undersigned Notary Public,personally appeared o 0 tete-- o Al personally known to me .0 proved to me on the basis of satisfactory evidence ? OFFICIAL SEAL to be t a person(s)who executed the within instrument as PATRICIA TAYLOR f i€FC''/DENT or on behalf of the corporation therein 4 ��a Notary Public-California ,11 , 11111"a. "; nj; SANTA CLASH COUNTY 1 named,and acknowledged to me that the corporation executed it. ti �,` WITNESS my d and official seal. . • _ My Comm. Exp.Apr. 10_1991 , . O o Notary's Signature 7120 122 NATIONAL NOTARY ASSOCIATION•230,2 Ventura Blvd.•P.O.Box 4625•Woodland Ms,CA 91364 • • AMERICAN STAR INSURANCE COMPANY POWER OF ATTORNEY KNOWALL MEN BY THESE PRESENTS: That the American Star Insurance Company, a Corporation duly organ- ized and existing under the laws of the State of Wisconsin, having its principal office in the City of San Francisco, California,does hereby nominate, constitute and appoint: James F. Schweder of: • Menlo •Para, California its true and lawful attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity, consents and other undertakings in suretyship. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the American Star Insurance Company at a meeting duly called and held on February 18, 1981 which said Resolution has not been amended or rescinded and which the following is a true, full and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said American Star Insurance Company, has caused these presents to be executed by its officer, with its corporate seal affixed. AMERICAN STAR INSURANCE COMPANY 00OR.IT}�'• F t y l 0 Ea. '�'- By ttfu- 11 ❑•�'• �c - President h; • STATE OF CALIFORNIA , * COUNTY OF SAN FRANCISCO On this 1st day of May, 1987, before the subscriber, a Notary Public of the State of California, in and for the County of San Francisco,duly commissioned and qualified, came Furman K. Stanley, President of the AMERICAN STAR INSURANCE COMPANY to me personally known to be the individual and officer described in and who 'executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, desposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the pre- ceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Francisco, the day and year first above written. Imo'/�/F���Lt�- OFFICIAL SEAL /_I 1 /a% ROSE MARIE CARROLL Pate Q ��y���+'�"� NOTARY PUBLIC—CALIFORNIA �fP4'+aw� vri,• San Francisco County My Commisvon Expires Jan.i.imo Notary Public STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO I, the undersigned, Thomas A. Cockrell Secretary of the American Star Insurance Company,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, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporateor �Sealloof the Corporation, this 14th day of May 19 R 7 _tot '/�i } / a���JrtJ�C� Secretary eEMG :moi'. ry 7057 (5-87) :zscons\ ' •• Bond No. AB14430 Premium Incl . . LABOR AND MATERIAL BOND • (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Thrust IV, Inc.. 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 incorporated herein by reference. ..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 American Star Insurance 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 abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending 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 One hundred ninety five thousan and 00/100 — 0195 , 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 Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, 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. ' Labor and Haterial •Bond Page 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, 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, thisinstrumenthas been duly executed j”, the Principal and Surety this hday of May , 19 THRU' V ,fir P (To be signed, by Principal in , .al and Surety. Notary acknowledgments required.) AMERICAN STAR INSURANCE COMPANY Surety BY: ffG�Z�%+ torneyy�t James F. Schweder 1 ;;;;er The above bond is accepted and approved this day of , 19 C • 6/17/85 CORPORATE ACKNOWLEDGMENT NO.' rrrr. -/Z.."" ..,--/- ..rrr .../rrr r..-07...."....C..."rr r rrr r rrrr State of C�A'L/Fo�2/U/A On this the Kt Y day of /" y 19 before me, •a SS. �j County of SANTFF CcF}RH I fIMEGAfYy � LU@12/9/IIJ� the undersigned Notary Public,personally appeared 0 0 JPU6M 9. 73 /lc� • 1 � OFFICIAL SEAL C personally known to me o V' � p PAMELA KAY HELDENBRAND 0 proved to me on the basis of satisfactory evidence r-a NotaryPublic-California x .3 SANTCLARA COUNTY to be the person(s)who executed the within instrument as t: r. f Vis/PF A/1 or on behalf of the corporation therein s oay COMM.Exp.Apr'20,1991 A named,and acknowledged to me that the corporation executed it. td o S WITNESS my hand and official seal. n o1 Notary's Signature l r 719n 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4825•Woodland Hills,CA 91384 ' + STATE OF CALIFORNIA SS . County of San Mateo On this day of . . , in the year nineteen hundred and , A. D. before me , Arlene iii. awson . personally appeared James F , Schweder . . . . . . , , known to me to be the person whose n subscribed to the within instrument as the attorney in fact ofl�er� an Star Insurance Co and acknowledged to me that he subscribed the name of thereto as principal s. and his own name as attorney in fact. �.)�A OFFICIAL SEAL IN WITNESS WHEREOF I have hereunto set • 4'` ,a ARLENE M. LAWSON k�j ,ya NOTARYPUBLIC-CALIFORNIA my hand and affixed my official seal in said Principal Office In SAN MATEO County County the day and year� 7•�L this certificate .;.,..- above My Commission Expires Oct.20,7950 above Witten. z-D,O G�-i' 6.2C____ 8. 5052 Notary Public in and for the County of San a eo State f �cd1]g.Sornia My Commission expires AMERICAN STAR INSURANCE COMPANY POWER OF ATTORNEY • KN,O,W•ALL MEN BY THESE PRESENTS: That the American Star Insurance Company, a Corporation duly organ- ized and existing under the laws of the State of Wisconsin, having its principal office in the City of San Francisco, California,does hereby nominate, constitute and appoint: James F. Schweder of: Menlo Parte, California its true and lawful attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed; any and all bonds, contracts, agreements of indemnity, consents and other undertakings in suretyship. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the American Star Insurance Company at a meeting duly called and held on February 18, 1981 which said Resolution has not been amended or rescinded and which the following is a true, full and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said American Star Insurance Company, has caused these presents to be executed by its officer,with its corporate seal affixed. AMERICAN STAR INSURANCE COMPANY tfrb-1-01.4 � . -EATCaE By= President •• STATE OF CALIFORNIA , COUNTY OF SAN FRANCISCO On this 1st day of May, 1987, before the subscriber, a Notary Public of the State of California, in and for the County of San Francisco,duly commissioned and qualified, came Furman K. Stanley,President of the AMERICAN STAR INSURANCE COMPANY to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, desposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the pre- ceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Francisco, the day and year first above written. :. OFFICIAL lah9 ROSE MARIE CARROLL 41ThAit, igamel 9 NOTSAeRnYFras;t1FA 40 My Commission Expires Jan.I,1990 . Notary Public STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO I, the undersigned, Thomas A. Cockrell Secretary of the American Star Insurance Company,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, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 14th day of May. 19 87 , SW &chef •%. „v.; ;moi:: ..o. Secretary 5wi @i:AiG y= 7057 (5-87) `N<sco^s? ` r. , RESOLUTION NO. 6265 A RESOLUTION Or THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE LOCATED ON MCCLELLAN ROAD; DEVELOPER, THRUST IV PROFIT SHARING TRUST; 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 on McClellan Road, east of San Leandro Avenue, by Thrust IV Profit Sharing Trust; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, gutters, sidewalks, and for other improvements, 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; and WHEREAS, said agreement contains provision for the reimbursement of $2,100.00 to Thrust IV for street improvements; and said amount having been contributed by Glasson and B & C Construction and being held in trust by the City until such time as improvements are completed and accepted by the City; and WHEREAS, said agreement also contains provision for the reimbursement of $2,850.00 to Thrust IV from the City's master storm drain fund for master storm drain facilities to be installed by the developer beyond his boundary of responsibility; NOW, THEREFORE, BE IT RESOLVED that said final plan for the improvement of street frontage on McClellan Road, east of San Leandro Avenue - 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 this agreement herein referred to in behalf of the City of Cupertino. BE IT FURTHER RESOLVED that the developer shall be reimbursed as herein- above outlined upon City Council acceptance of the improvements. PASSED AND ADOPTED this 21st day of February , 1984 by the following vote. Vote Members of the City Council AYES: Gatto, Johnson, Rogers, Sparks, Plungy NOES: None ABSENT: None ABSTAIN: None Resolution No. 6265 ATTEST: APPROVED: /s/ Allison Villarante /s/ John J. Plungy, Jr. City Clerk Mayor, City of Cupertino Deputy 'f1 ,ir . r EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single Family Residence Thrust IV Profit Sharing Trust LOCATION: McClellan Road East of San Leandro Avenue A. Faithful Performance Bond: $28,300.00 Twenty—eight Thousand Three Hundred and no/100 Dollars B. Labor and Material Bond: $28,300.00 Twenty—eight Thousand Three Hundred and no/100 Dollars C. Checking and Inspection Fee: $ 1, 132.00 One Thousand One Hundred Thirty—Two and no/100 Dollars D. Indirect City Expenses: $ 169.00 One Hundred Sixty—Nine and no/100 Dollars E. Development Maintenance Deposit: 250.00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: 632.00 Six Hundred Thirty—Two and no/100 Dollars G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: N/A K. Reimbursement to City for Water Main $ 1,750.00 One Thousand Seven Hundred Fifty and no/100 Dollars L. Storm Drain Reimbursement: $ 2,850.00 Two Thousand Eight Hundred Fifty and no/100 Dollars M. City Contribution to Street Improvements $ 2, 100.00 Two Thousand One Hundred and no/100 Dollars N. Maps and/or Improvement Plans: By Developer AGREEMENT This AGREEMENT made and entered into this 21st day of February , 19 84 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and THRUST IV PROFIT SHARING TRUST, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY and is securing a building permit from CITY to construct and maintain a single family residence, hereinafter referred to as "Project. " WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by Paul Nowack 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 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 - Category 2 PART A. Faithful Performance Bond: $28, 300 .00 Twenty-Eight Thousand Three Hundred and no/100 Dollars PART B. Labor and Material Bond: $28, 300. 00 Twenty-Eight Thousand Three Hundred and no/100 Dollars PART C. Checking and Inspection Fee: $ 1,132.00 One Thousand One Hundred Thirty-Two and no/100 Dollars PART D. Indirect City Expenses: $ 169.00 One Hundred Sixty-Nine and no/100 Dollars PART E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: $ 632.00 Six Hundred Thirty-Two and no/100 Dollars PART G. One Year Power Cost: N/A PART H. Street Trees: By DEVELOPER PART I . Map Checking Fee: N/A PART J. Park Fee: N/A PART K. Reimbursement to City for Water Main $ 1,750.00 One Thousand Seven Hundred Fifty and no/100 Dollars PART L. Storm Drain Reimbursement $ 2,850.00 Two Thousand Eight Hundred Fifty and no/100 Dollars PART M. City Contribution to Street Improvements $ 2,100. 00 Two Thousand One Hundred and no/100 Dollars PART N . Maps and/or Improvement Plans: By DEVELOPER Page 2 '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 show 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 writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property 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 Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the 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 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 Page 3 in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. 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 accordance 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 the 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 signature. 5. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful 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, Page 4 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 payment of all labor and materials required to construct said improvements. 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 so do. 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 conditions 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 certificate of deposit, shall be made except upon approval of the City Council. 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 necessary direct expenses for inspection, checking, etc. , incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited 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) . Page 5 '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 development 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. 9A. STORM DRAINAGE FEE It isfurther 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) . 9B. STORM DRAIN REIMBURSEMENT 100 Lineal Feet 12" R.C.P. @ $10 .00 $1,000.00 75 Lineal Feet 15" R.C.P. @ $12.00 $ 900.00 1 Each - Manhole $ 600.00 1 Each - Catch Basin $ 350 .00 $2,850.00 City Street Improvement Contribution Club House Lane $2,100.00 Total $4, 950.00 9C. CITY CONTRIBUTIONS The CITY will pay the DEVELOPER the amounts shown on Page 2, Parts L and M upon completion of DEVELOPER' S work and acceptance of the Work by the CITY. Page 6 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. THE 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 WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction 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 construction 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. 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, pertaining to special assessments or bonds, have been complied with. Page 7 • • 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 Protection. 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. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH 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 underground 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 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 completion 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 Page 8 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 insurance 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 person; $300,000 each occurrence, property damage, $50,000 on account of any one 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 evidence 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 ten (10). days advance notice thereof. C. In the event that the Project covered herein should be mutually 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. Page 9 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. 23. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the 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 affixed by its city Engineer and City Manager, 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 0 . Q I , Approved as to form: , . ayor,- ity of Cuper.' vv City Attorn-p City Manager ATTEST: DEVELOPER . gear A,e-a4 4/24-1 Ci Clerk By 41 Acknowledgements and Exhibits A and B Attached Page 10 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On this day of p 7 day of 01.Aealy , in the year of /91K , before me % f�jzi �0,442J , y,� / persona y appearedL �p, OO/, �� 4 a__4(42/, 1,7 (-��� persona known tor-proved to a n� sis 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. Viaa) (279-/-1,2,-- OFFICIAL SEAL PATRICIA TAYLOR Notary Public in and for the C unty kil NOTARY PUBLIC -CALIFORNIA of Santa Clara, State of California '' SANTA CLARA COUNTY My comm. expires APR 10, 1987 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 • Certificate of Insurance c t•O THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO.RIGHTS UPON THE CERTIFICATE HOLDER. VI V ' y THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES ' MCCRACKEN, BOE.DDIKER & OTT ' COMPANY 873 SANTA CRUZ AVE. LEITER ROYAL INSURANCE COMPANY • MENLO PARK, CA 94025 COMPANY LETTER B SAYRE & TOSSO NAME AND ADDRESS OF INSURED COMPANY LETTER THRUST IV, INC., PROFIT SHARING TRUST .• 2093 LANDINGS DRIVE COMPANY LETTER MOUNTAIN VIEW, CALIFORNIA 94043 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 OF INSURANCE POLICY NUMBER POLICY L Limits of Liability in Thousands(000) LETTER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY S 500 $ 500 A X COMPREHENSIVE FORM PYA 25 86 86 4-15-85 !1 ` X PREMISES-OPERATIONS PROPERTY DAMAGE E 250 S 250 EXPLOSION AND COLLAPSE HAZARD • UNDERGROUND:HAZARD - X PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE PROPERTY INJURY E D X PROPERTY DAMAGE E $ X BROAD FORM PROPERTY COMBINED DAMAGE . X INDEPENDENT CONTRACTORS X. PERSONAL INJURY PERSONAL INJURY S AUTOMOBILE LIABILITY BODILY INJURY E COMPREHENSIVE FORM (EACH PERSON) A X PYA 25 86 86 4-15-85 BODILY INJURY S OWNED [EACH OCCURRENCE) PROPERTY DAMAGE $ X HIRED X NON-OWNEDBODILY INJURY AND E 500 PROPERTY DAMAGE COMBINED EXCESS LIABILITY UMBRELLA FORM $ S 5000 BODILY INJURY AND B OTHER THAN UMBRELLA MN 017537 4-15-85 PROPERTY DAMAGE 5000 FORM COMBINED WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY $ (EACH ACCIDENT] OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES AS RESPECTS SINGLE FAMILY-RESIDENCE ON MCCLELLAN! ROAD CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED Cancellation: Should any of the above descried policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 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 CUPFRTINO DATE ISSUED: FEBRUARY 8, 1984 10300 TORRF AVENUE4Ifir / CUPERTINO, CA 95014M� i(d ATTN: OFFICE OF THF DIRECTOR / HOR ZED REP-ESENTATIVE PUBLIC WORKS ACOR-D.25'(t-7R) a -�- - --- BOND NO. 004003 ANNUAL PREMIUM $ 424. • FAITHFUL PERFORMANCE AND COMPLETION IMPROVEIENT BOND • (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE; THRUST IV, INC., PROFIT SHARING TRUST as Principal and SOUTH CAROLINA TNSURANCF COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Twenty-Eight Thousand Three Hundred and no/100 Dollars Dollars ($ 28,300.00 ) 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 single family residence located on McClellan Road in accordance with the approved Improvement Plans prepared by Paul Nowack and Associates, 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, REOF, this instrument has been duly executed by the Principal and Nurety this day of qi_e_41-2Ee , 19 .Cf/ . '%To be signed by Principal and Surety .4_20,41109 �i' 41-€4/ and acknowledgment) / .f .trzz, Principal / SOUTH CAROLINA INSURANCE COMPANY Surety MGCRACKEN, BOEDDIKER & OTT ' 873 SANTA CRUZ AVE. 35, MENLO PARK, CALIFORNIA 94025 .torney- n-Fact JAMES F. SCHWEDER The above bond is accepted and approved this day of I,9 1 STATE OF CALIFORNIA SS . County of • On this 8TH day of . ,FEBRUARY in the year nineteen hundred and 84 , A. D. , before me ARLENE M. RIC` HARDS personally appeared U{anS ,F,., ;SC;HwEQR , , , , , known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of S011TH ,CflQLINA, JNSURANCE COand acknowledged to me that he subscribed the name of . 1-V$41.E. M. .KORPELA,,, TRUSTEE; THRUST•1V PROFI I thereto as principal and his own name as attorney in fact. SHARING TRUST IN WITNESS WHEREOF, I have hereunto set ***********'`****"`t`****** my hand and affixed my official seal in said 4 4P,i OFFICIALS ,AI Countythe day -nd year in this certificate Ar!ene > ` t - ,IA above written / / 7/1 % (, NOTARY r"UdLIL- , MIA 1* SAN MATEO COUNTY 13 P4159/(MISSION EXPIRES AUG. 10, 1986 Notary Pub is in and for theCounty of '' *****�+At7.*************ARi7 State of California My Commission expires t STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of 0 day of 21/ .0. , in the year of(V,/ , before me )41.4,/�za2 �a personally,appeared irdLCL'6t rdife&Ceo/ 4 a[e(e/D7 („7,',14//42„/0 Ed:76-c- , �/Lr � v persona llly known to m (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. OFFiC1.4L SEAL � a--) C PATRICIA TAYLOR Nota Public in and for the ount � NOTARY PUBLIC - CALIFORNIAry }' SANTA CLARA COUNTY of Santa Clara, State of California My comm. expires APR 1D, ieEd 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 SOUTH CAROLINA INSURANCE COMPANY y COLUMBIA.SOUTH CAROLINA CERTIFIED COPY OF POWER OF ATTORNEY Original on File with the Company KNOW ALL MEN BY THESE PRESENTS: That the South Carolina Insurance Company,a corporation organized and existing under the laws of the State of South Carolina and Flavin() its principal office in the City of Columbia, S.C., does hereby make, constitute and appoint James F. Schweder its true and lawful attorney to execute on its behalf for it and in its name,place,and stead as surety,bonds,under- takings.stipulations,consents,and all contracts of suretyship in favor of all obligees reserving to itself full power of substitution and revocation of the within granted Power of Attorney. IN WITNESS WHEREOF the South Carolina Insurance Company has caused these presents to be duly executed and attested �Hp..N9Ugary Attest ,�; SOUTH CAROLINA INSURANCE COMPANY ; 1910 •$ II` , 27eatal:{C--- 0.. . Secretary Vice President The above Power of Attorney is executed under authority granted by Resolutions of the Board of Directors of the Sown Carolina Insurance Company made at a regular meeting of said Board and reading as follows "RESOLVED That the President,or any Vice President of this Company be and hereby is authorized to execute Powers of Attorney which.when duly attested by a Secretary or Assistant Secretary, qualify individuals specified therein to act on behalf of the South Carolina Insurance Company as Surety in executing bonds,undertakings,stipulations.consents.and all contracts of suretyship,and to attach the Corporate Seal thereto" "RESOLVED.That Powers of Attorney designating the individual specified therein to act on behalf of the South Carolina Insurance Company as Surety,and certified copies thereof,may be executed by the facsimile signature of any officers of the Company and further that the Company Seal,if necessary,may be applied by facsimile and instruments so executed shall be as binding upon the Company as if executed by the autograph or manual signatures of its officers or impressed with the original seal:' State of South Carolina County of Richland On September 11, 1981 before me appeared Roy L.Faulks andJ.Smith Harrison 10 me personally known who being duly sworn did depose and say that they are the Vice President and Secretary respectively of the South Carolina Insurance Company,the corporation described in and in whose behalf they executed and attested the above instrument and acknowledged said instrument to be the free act and deed of said corporation.Affiants did further say that they signed and attested the above instrument in accordance with the authority granted them by Resolution of the Board of Directors of said corporation and that a true copy of such Resolution is set forth above. In testimony whereof,I have here into set my hand and offered by official seal at Columbia,S.C.the year and day above written. My Commission expires February 12, 1991 ,•`SFNM f'6f 0 soy�: NOTARY AP ; ‘ f/k `6 �,.�°.••' Notary Public 107/ cft0, CERTIFICATE I, William E. Pendleton,Assistant Secretary of the SOUTH CAROLINA INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a POWER OF ATTORNEY, executed by said SOUTH CAROLINA INSURANCE COMPANY,which is still in force and effect. In Witness Whereof. I have hereunto set my hand and affixed the Seal of the Company, at San Francisco,California, this 8TH day FEBRUARY ,19 84 7/1/V) ?Caalidt..—a 051328.8' Assistant Secretary BOND NO. 004003 LABOR AND MATERIAL BOND PREMIUM 6 INCL (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and THRUST IV, INC., PROFIT SHARING TRUST 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 sane to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and SOUTH CAROLINA INSURANCE CO. 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 Twenty-Eight Thousand Three Hundred and no/100 Dollars ($ 28,300.00 ) . 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. Labor and MaterU'1. Bond Page 2 And the said Surety, for value received, hereby stipulates , and agrees that no change, extension of time, 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 8TH day of FEBRUARY , 19 84 . ._ .�< 1G (To be signed by / Principal and Surety 411.112;71,P11712-64---- and ,l� , � — and acknowledgment Principal and notarial seal attached.) SOUTH CAROLINA INSURANCE COMPANY Surety 1 , McCRACKEN, BOEDDIICER 8c OTT By: car 873 SANTA CRUZ AVE. ` - orney-in- act JAMES F. SCHV'JEDE2 MENLO PARK, CALIFORNIA 94025 The above bond is accepted and approved this _ day of , 19 . STATE OF CALIFORNIA SS . County of On this . .8TH. day of FEBRUARY in the year nineteen hundred and . . .8!4. , A. D. before me P12LENE M: RICHdRDS „ personally appeared JAMES F. SCH'WEDER known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of SQUTy CA ROLINA,INSURANCE. Pend acknowledged to me that he subscribed the name &.fSLIL KORPEIATRUSTEE THRUST IV. INC.., PROFIT thereto as principal and his own name as attorney in fact. SHARING TRUST ************************** IN WITNESS WHEREOF, I have hereunto set OFFICIAL SEAL 317r my hand and affixed my official seal in said r, Arlene M. Richards * County the day aid year in this certificate * .gym r NOTARY PUBLIC�CALIFORNIA * above written. �, �7 't SAN MATEO COUNTY Yr � MMISSION EXPIRES AUG. 10, 1986 1 Notary Public in and for the Co ty of * ******************** State of California My Commission expires SUuTN CAROLINA INSURANCE COMPANY `S COLUMBIA.SOUTH CAPOLINA CERTIFIED COPY OF POWER OF ATTORNEY Original on File with the Company KNOW ALL MEN BY THESE PRESENTS: That the South Carolina Insurance Company,a corporation organized and existing under the laws of the State of South Carolina and having its principal office in the City of Columbia, S.C.. does hereby make, constitute and appoint James F. Schweder Its True and lawful attorney to execute on its behalf for it and in its name,place,and stead as surety,bonds,under- takings.stipulations,consents,and all contracts of suretyship in favor of all obligees reserving to itself full power of suostitution and revocation of the within granted Power of Attorney. IN WITNESS WHEREOF the South Carolina Insurance Company has caused these presents to be duly executed and attested Np Ip9!/Ag1� Attest- eo:,. SOUTH CAROLINA INSURANCE COMPANY P: U� `.Pl[ [,Q 9iO \^�(3- • �rrni Q� GMn l 0-^�1 By4' C /�C `-� Secretary Vice President • The acove Power of Attorney is executed under authority granted by Resolutions of the Board of Directors of the South Carclina Insurance Company mace at a regular meeting of said Board and reading as follows 'RESOLVED That the President,or any Vice President of this Company be and hereby is authorized to execute Powers of Attorney wnich when duly attested by a Secretary or Assistant Secretary.qualify individuals specified therein to act on of half of the South Carolina Insurance Company as Surety in executing bonds,undertakings.stipulations.consents,arc all contracts of sureivsnip,and to attach the Corporate Seal tnereto" "RESOLVED That Powers of Attorney designating the individual specified therein to act on behalf of the South Carolina Insurance Company as Surety.and certified copies thereof,may be executed by the facsimile signature of any officers of the Company and further that the Company Seal,if necessary,may be applied by facsimile and instruments so executed shall be as binding upon the Company as if executed by the autograph or manual signatures of its officers or impressed with the original seal- State of South Carol na County of Richland On September, 11, 1981 before me appearedRoyL FaulksandJ Smith Harrison to me personally known who being duly sworn did depose and say that they are the Vice President and Secretary respectively of the South Carolina Insurance Company,the corporation described in and in whose behalf they executed and attested the above instrument and acknowledged said Instrument to be the free act and deed of said corporation Affiants did further say that they signed and attested the above instrument in accordance with the authority granted them by Resolution of the Board of Directors of said corporation and that a true copy of such Resolution is set forth above In testimony whereof.I have here into set my hand and offered by official seal at Columbia.S C. the year and day above written My Commission expires February 12, 1991 ,''EoO.,MCry`,, NOTARY . V'� PUBLIC Notarydieea- Public CERTIFICATE I, William E. Pendleton, Assistant Secretary of the SOUTH CAROLINA INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a POWER OF ATTORNEY, executed by said SOUTH CAROLINA INSURANCE COMPANY,which is still in force and effect In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company, at San Francisco, California. this 8TH day FEBRUARY . 19 84 7S `/"A L Assistant Secretary 4 • STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of '/ 1/l dayayof /�CG /�/ in the year of i gj" , before me �,. �,� i (I/a.) personally appeared Aa.: ' //, 4, � j- d a / L , dr 4�LC_,_, 1/4 personal? known to me orpros; 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. / a _ OFFICTAL SEAL QaGg.e� t�h /� PATRICIA TAYLOR Notary Public in and for e Count a' NOTARY PUBLIC - CALIFORNIA Y y 'ter' SANTA CLARA COUNTY of Santa Clara, State of California My comm. expires APR 10, 1987 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