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84-012 Iradj Ardjomand-Kermani, Improvement agreement, Alcalde & Cordova Rd f ' f . RESOLUTION NO. 6299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED ON ALCALDE ROAD AT CORDOVA ROAD; DEVELOPER, IRADJ ARDJOMAND—KERMANI; AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS • WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located on Alcalde Road at Cordova Road; 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 (letter of credit) , 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 parcel map and improvement plans herein referred to ate hereby approved. b. The offer of dedication for street areas and all easements is hereby accepted. c. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. —1— EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single-family Residence Iradj Ardjomand-Kermani LOCATION: Alcalde Road at Cordova Road A. Faithful Performance Bond : $48,000.00 Forty-eight Thousand and no/100 Dollars B. Labor and Material Bond : $48,000.00 Forty-eight Thousand and no/100 Dollars C. Checking and Inspection Fee: 1,920.00 One Thousand Nine Hundred Twenty and no/100 Dollars D. Indirect City Expenses: $ 288.00 Two Hundred Eighty-Eight and no/100 Dollars E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $ 542.00 Five Hundred Forty-two and no/100 Dollars Master Storn Drain Reimbursement by City to Developer upon City Council Acceptance - $8,694.00. G. One Year Power Cost : $ 36.00 Thirty-six and no/100 Dollars H. Street Trees: By Developer I. Map Checking Fee: $ 50.00 Fifty and no/100 Dollars J. Park Fee: Zone E-2 $ 4,752.00 Four Thousand Seven Hundred Fifty-two and no/100 Dollars K. Water Main Extension Deposit $ 2,920.00 Two Thousand Nine Hundred Twenty and no/100 Dollars -3- • PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of March, 1984 by the following vote: Vote Members of the City Council AYES: Gatto, Rogers, Plungy NOES: None ABSENT: Johnson, Sparks ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ John J. Plungy. Jr. City Clerk Mayor, City of Cupertino —2— / AGREEMENTit • This AGREEMENT made and entered into this A- -) .' day of , 19W1, by and between the CITY OF CUPERTINO, ,a municipal corporation of the State of California, hereinafter designated as CITY, and IRADJ ARDJOMAND-KERMANI ; 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 single family residence, hereinafter referred to as "Project. " WHEREAS, CITY hereby approves the improvement plans and specifi- cations prepared for the Project by Whaley and Asociates; 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: $48 , 000 . 00 Forty-Eight Thousand and no/100 Dollars PART B. Labor and Material Bond: $48, 000 . 00 Forty-Eight Thousand and no/100 Dollars PART C. Checking and Inspection Fee: $ 1, 920 . 00 One Thousand Nine Hundred Twenty and no/100 Dollars PART D. Indirect City Expenses: $ 288. 00 Two Hundred Eighty-Eight and no/100 Dollars PART E. Development Maintenance Deposit: $ 250 . 00 Two Hundred Fifty and no/100 Dollars PART F. Storm Drainage Fee: $ 542. 00 Five Hundred Forty-Two and no/100 Dollars Master Storm Drain Reimbursement by City to Developer upon City Council Acceptance - $8 , 694. 00 Eight Thousand Six Hundred Ninety-Four and 00/100 Dollars PART G. One Year Power Cost: $ 36. 00 Thirty-Six and no/100 Dollars PART H. Street Trees : By Developer PART I. Map Checking Fee: $ 50 . 00 Fifty and no/100 Dollars PART J. Park Fee: Zone E-2 $ 4, 752. 00 Four Thousand Seven Hundred Fifty-Two and no/100 Dollars PART K. Water Main Extension Deposit $ 2, 920 . 00 Two Thousand Nine Hundred Twenty and no/100 Dollars Page 2 • PART L. Maps and/or Improvement Plans : By Developer PART M. Property Acquisition Reimbursement to City: $ 3, 986 .00 Three Thousand Nine Hundred Eighty-Six and no/100 Dollars 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 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: Page 3 • • • (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 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, Page 4 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 (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: ( l) 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) . Page 5 • (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. (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 ) . Page 6 • • S . 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 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 Page 7 • • 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 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 Paas 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, 030 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. • (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. Donn 11 23. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successors, assign and transferees of DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto af- fixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO Approved as to fo • MayorAl 1 ----4"11" ,_ S. 4 / I I At orn: • City Clerk: DEVELOPER: IRADJ ARDJOMAND-KE tMANI By: Acknowledgement attached nine 1 ) • a • • STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of 23rd day of February, in the year of 1984 , before me . LOUISE MILLER personally appeared IRADJ ARDJOMAND—KERMANI 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. / • // LGUlS�BLICM- ILLCR -� NOTARY PUPublic infor County CALIFORNIA No •ry an. the My Commission SANTA CIARA&pires COUNTYJuly9, 1985 .f Santa Clara, Stat- of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On this day of day of in the year of , before me personally appeared personally known to me (or proved to me 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 . a Certificate of Insurance ` G®rd THIS CERTIFICATE IS ISSUED AS A'MATTER OF 'INFORMATION ONLY' AND CONFERS NO RIGHTS UPON. THE CERTIFICATE AOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE'POLICIES LISTED'BELOW. r ' " NAME AND ADDRESS OF AGENCY ` ' COMPANIES AFFORDING COVERAGES HUNTINGTON INSURANCE AGENCY •- PO BOX 8627 coMP Y•A AETNA CASUALTY AND SURETY COMPANY SAN JOSE, CA. 95155 (408) 269-6000 COMPANY B LETTER NAME AND ADDRESS OF INSURED /� COMPANY C IRADJ ARDJOMAND-KERMANI LETTER 2180 CANOAS GARDEN ROAD COMPANY D SAN JOSE, CA. 95125 LETTER p COMPANY b 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 POLICY Limits of Liability in Thousands I•0) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY - i��J BODILY INJURY S $ 00. OMPREHENSIVE FORM • IE PREMISES—OPERATIONS PROPERTY DAMAGE S $ A ❑ EXPLLOOSSIRODN AND COLLAPSEHAZA05 GS 654384 FCA 6-14-83 TI ❑$•$T UNDERGROUND HAZARD 6-14-86 IL -RODUCTS/COMPLETED ��,$$ OPERATIONS HAZARD BODILY INJURY AND 1 IP ONTRACTUAL INSURANCE PROPERTY DAMAGE $ 300,008 s 300,004. .f,BROAD FORM PROPERTY COMBINED .(•..$ DAMAGE ',A' NDEPENDENT CONTRACTORS . 'P' .ERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) 0 COMPREHENSIVE FORM BODILY INJURY $ (EACH ACCIDENT) 0 OWNED 0 HIRED PROPERTY DAMAGE $ BODILY INJURY AND ElNON-OWNED EXCESS LIABILITY PROPERTY DAMAGE $ COMBINED BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ 0 OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION 6-14-83 TO STATUTORY AEMPLOYERS'LIABILITY 05 JC 171657 CCA 6-14-86 $ STATUTO• RYH,CC1DEXT1 • OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES , LOCATION OF PROPERTY: 22680 ALCALDE ROAD • CUPERTINO, CAL. Cancellation: Should any of the above desciibed policies be cancelled before the expiration date thereof- the issuing corn- , 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: j ate-i\ , �. //� '�S.C� CITY OF CUPERTINO, THE CITY COUNCIL OF THE DATE ISSUED: u W. L/V t V CITY OF CUPERTINO, INDIVIDUALLY AND / COLLECTIVELY, AND THE OFFICERS, AGENTS, jyllf 1 I AND EMPLOYEES OF THE CITY OF CUPERTINO, , 4,/V S 1 'AA.s a AUTHORIZED REPRESENTATIVE INDIVIDUALLYMDCOLLECTIVELY .1 , - ,, , .. HC , ! • _ . i -ii i ' = ACORD 25(1-79) ACKNOWLEDGEMENT BY SURETY f State of California County of SANTA CLARA ) ss: On FEBRUARY 1 7th , 19 R4 , before me personally appeared G .A.VAN BUSKIRK known to me to be an Attorney-in-Fact of Builders Mutual Surety Company, the corporation described in the within instrument, and known to me to be the person who executed the said instrument as the act of Builders Mutual Surety Compan'' `.` = • >- • = red by said Company. OFFICIAL SEAL _ DOROTHY R WITT � � { 5� ^„�.` NOTARY PUBLIC - CALIFORNIA 1 � �/ad 4 4 bi :1' .t rpiat cnarw Notary P blic 4 tty a :m. €epi m: JAN 24, 1986 GENERAL ACKNOWLEDGMENT • NO.201 rr rr . r,rrrrrrrr-i rrrrrirrrrrrrrrrr rrrirrrrrrrrrrlrrrrrrrrrrrrrrrrrrrrr-irrrrrrrrrcoc.orr r State of California On this the 21st day of February 1984 ,before me, SS. County of _ Santa Clara Richard L. Dixon the undersigned Notary Public,personally appeared • Iradj Ardiomand-Kermani R • �,. �, OFFICIAL SEAL - ❑ personally known to me ti 1 =Avh3 RICHARD L. DIXON i proved to me on the basis of satisfactory evidence Or?{ 14.11 NOTARY PUBLIC-CALIFORNIA iscl subscribed to the 1 *" _t PRINCIPAL OFFFICE IN to be the person(s)whose name(s) ti SANTA CLARA COUNTY w!inJnstrUhicent1 and ackn•• dged'that he executed it.• Mycommission expires Dec.9, 19ar1 „•,•— - ESS my hand and official -al. 1 5 t6 Notary'sSignatu e 0 Y r -,---- r 4,-----c.-- -co-- r r rr rr rr ....-../..-J 7110 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O,Box 4625•Woodland Hills,CA 91364 t; ANNUAL PREMIUM $ 960 . • • FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT 30ND BOND NO . 21.0371 (Subdivision Improvements) :NOW ALL MEN BY THESE PRESENTS : THAT WE, Iradi Ardiomand-Kermani as Principal and BUILDERS MUTUAL SURETY. COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Forty-Eight Thousand and no/100 Dollars ($ 48,000.00 ) 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 single family residence located on Alcalde Road at Cordova in accordance with the approved Improvement Plans prepared by Whaley and Assnriarec Civil Engineer on file in the Engineer's Office, City of Cupertino. WWHEaEAS, 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 Lyth day of FFRRUARY , 19��. (iso be signed by Principal and Surety ,and acknowledgment) Principal Iradj Ardjomand-Kermani BUILDERS MUTUAL SURETY COMPANY Surety By: 2GfiK Attorney-in-Fact G .A.VAN BUSKIRK r The above bond is accepted and approved this day of • • LABOR AND MATERIAL BOND (Subdivision Improvements) BOND NO . 210371 KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Iradj Ardiomand-Kermani 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 BUILDERS MUTUAL SURETY COMPANY as Surety, firmly bind ourselves , our executors , administrators , successors and assigns , jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies , or corporations furnishing materials , provisions , provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons, companies or corporations lend- ing or hiring teams , implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of Forty-Eight Thousand and no/100 Dollars ($ 48,000.00 ) . 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. ACKNOWLEDGEMENT BY SURETY State of California ) County of SANTA CLARA ) ss: On FFRRTIARY 1 7th 1981 , before me personally appeared G .A.VAN BUSKTRK known to me to be an Attorney-in-Fact of Builders Mutual Surety Company, the corporation described in the within instrument, and known to me to be the person who executed the said instrument as the act of Builders PMutual Surety Company in accordance with authority conferred by said Company. .s" OFFICIAL SEAL )SL.AW,A* } e, DOROTHY R WITT No Public r ,a - • NOTARY PUBLIC - CALIFORNIA orCRRA COUNTY '�•_+<^`' Gly c;r-:. t7i:e3 Ilii 24, 1986 GENERAL ACKNOWLEDGMENT NO.20 reran rrrrr r rrrrr r Si-..-r r r r rr r-"La" r./.r -"Or-•," r r+ State of California On this the 21st day of February 19$4_,before me, SS. County of Santa Clara Richard L. Dixon 1qt the undersigned Notary Public,personally appeared 111 Iradj Ardjomand-Kermani r ``�•^��,, OFFICIAL SEAL ' iS.y..�t. NOTRRICHARDICL DIXON CALIFORNIA personally known to me aj^r PRINCIPAL OFFFlCE IN ® proved to me on the basis of satisfactory evidence n • SANTA CLARA CouNry . to be the person(s)whose name(s) i s subscribed to the AV My commission expires Dec.9, 1987, wit '• ' ument, .-• acknowledged that he executed it. a�V`I ITNESS m hand and o ficial seal. i s= ./ ,.____ _� 1 Notary'- Sign.ture i 'C; xde..warr-+rrrrn...flr-en,re-rrrri•F'i•'.1neer Wae;>?40 �r?e?raaar JJ.�f ete:Pt.• ...� nFataon.+.r�r� *0122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 87384 M• • Labor and >lateri:l. Bond Page 2 And the said Surety, for value received, hereby stipulates , and agrees that no change, extension of tim• , 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 17th day of PPRRU&RY , 1984 • (To be signed by Principal and Surety tjtto-o M-.0 ---k and acknowledgment Principal Iradj Ardjomand-Kermani and notarial seal attached.) BUILDERS MUTUAL SURETY COMPANY Surety By: I . •� Attorney-in-FactG .A.VAN BUSKTRK The above bond is accepted and approved this _ day of , l9— • • • • .-.. Ai, . , • BUMMERS 91a - _ NO. 259 • MUTUAL . SURETY RM— - id ' COMPANY _ I4 # Home Office;Los Angeles,Cal. - •,- . • c. , . POWER OF ATTORNEY ' • KNOW ALL MEN BY THESE PRESENTS: ' That the BUILDERS MUTUAL SURETY COMPANY, a corporation organized and existing under the laws of the State of California, d•oes hereby make,,constitute and appoint . G. A. VAN BUSKIRK • ,-, . its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf•of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety and other written obligations in the nature thereof as follows: - , any and all bonds, undertakings, recognizances, consents of surety and other written obligations in the nature thereat .• and the 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 in their own proper person. . This Power of Attorney is executed, and may be certified to and may be revoked,pursuant to the authority vested in the officers of the Company as set forth in the Resolution of the Board of Directors of the BUILDERS MUTUAL SURETY COMPANY at a meeting called and held on the 10th day of February, 1977, of which the following is a true transcript of said Resolution: "THAT WHEREAS, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name; THEREFORE, BE IT RESOLVED, that this Company do, and it hereby does, authorize and empower its Chairman of the Board, Its President or any Vice President,or its Executive Director,in conjunction with its Secretary or any Assistant Secretary, under its Corporate Seal, to appoint any person as attorney-in-fact,or agent of said Company,in its name and as its act,to execute and deliver and affix the Seal of the Company thereto, and as defined or limited in their respective power.of ii attorney, any and all bonds, undertakings, recognisances, consent of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him." - • - This power of attorney is signed and sealed by facsimile under and by the authority of the following • Resolution adopted by the Directors of BUILDERS MUTUAL SURETY COMPANY at a meeting duly called and held on the 10th day of February, 1977. - "RESOLVED; that the signature of any officer authorized by the Board of Directors, and the . Company Seal, may be affuted by facsimile to any power of attorney or special power of attorney or _ certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal,when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be • valid and binding upon the Company in the future,with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the BUILDERS MUTUAL SURETY COMPANY has caused these presents to be signed by its proper officers and its corporate seal to be hereunto affixed this1•7th day of Februarys:. 19 84 . - to p is , , BUILD�' S MUTUAL SURETY COMPANY OCT.2 B /��.._.t Ai aZa t A L� n Chairman •...0 9(1974 940 • ence ,�I�/ • .1)i :;cOP.al'- B - LO�Is/ , 8'+ „ ,!'-- Herman H. P- -•p-• _ ecretary State of California ) ) ss ' County of Los Angeles ) • On this 27th day of Maw , 19 82 , before me,a Notary Public of the State of California, came Lawrence Sitnien the Chairman . • andHexman H. Pettegrovdse Secretary of BUILDERS MUTUAL SURETY COMPANY respectively, personally known by me to be the individuals and officers described herein and who executed the preceding instrument, and who acknowledged the execution of the sime, and being duly sworn by me, did depose and say, that they are the said officers of the Corporation aforesaid • and that the seal affixed to the preceding instrument is the Corporate Seal and signatures of the aforesaid officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. . - IN TESTIMONY WHEREOF, I have"set my hand and affixed my Official Seal,at the City of Los Angeles, the day and year first above written. - • ' • i"see. ALICE LEE TURNER • `I` '•y NTr Notary Public t tie�bccxtFasa.n c <. •� PRINCIPAL OFFICE 1N AIAMEDA COU jtr ea wiia,soa Isom Oa rt,tsars • _ My commission expires �r ��'�i— 0 CERTIFICATE 0 �< I Herman H. Pettegrove the undersigned Secretary of BUILDERS- ` MUTUAL SURETY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Resolutions of the Board of Directors as set forth in the Power of Attorney, with the originals on file in the Home Office of said Company, and that the same are full, true and correct copies thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereto set my hand the 17th day of FEBRUARY , 1984 • -nw . Secretary Herman H. Pettegrvve • • • • • , • • • • �• u