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84-013 Canada Development Company, Improvement agreement, Tract No. 7282 Blancey Ave, South of Route 280 41. RESOLUTION NO. 6290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7282 LOCATED BLANEY AVENUE SOUTH OF ROUTE 280 DEVELOPER CANADA DEVELOPMENT CO. , INC. ACCEPTING CERTAIN EASEMENTS; THEREWITH WHEREAS, there has been presented to the City Council for approval and authorization to record final map of Tract No. 7282 located on Blaney Avenue south of Route 280 showing certain avenues, drives, places and roads by Canada Development Co. , Inc. 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 Tract 7282, be and the same are hereby approved. b. The offer of dedication for roadway and for easements is hereby 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 sign the improvement plans. e. The Mayor and the City Clerk are hereby authorized tc execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino -this tnrh day of March , 1984, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy NOES: None ABSENT: Rogers, Sparks ABSTAIN: None ATTEST: APPROVED: /c/ flnrnthy Cnrnalinc /S/ John J. Plungy, Jr City Clerk Mayor, City of Cupertino Resolution No. 6290 r EXHIBIT "A" g&� 3., SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tract No. 7282 V Canada Development Co. , Inc. LOCATION: Blaney Avenue South of Route 280 A. Faithful Performance Bond: $70,000.00 Seventy Thousand and no/100 Dollars B. Labor and Material Bond: $70,000.00 Seventy Thousand and no/100 Dollars C. Checking and Inspection Fee: $ 2,800.00 Two Thousand Eight Hundred and no/100 Dollars D. Indirect City Expenses: $ 420.00 Four Hundred Tweenty and no/100 Dollars E. Development Maintenance Deposit: $ 295.00 Two Hundred Ninety-five and no/100 Dollars F. Storm Drainage Fee: $ 1,390.00 One Thousand Three Hundred Ninety Dollars G. One Year Power Cost: $ 36.00 Thirty-Six and no/100 Dollars H. Street Trees: By DEVELOPER I. Map Checking Fee: $ 118.00 One Hundred Eighteen and no/100 Dollars J. Park Fee: Zone L-2: $19,656.00 Nineteen thousand Six Hundred fifty-six Dollars K. Water Main Extension Deposti $ 0.00 L. Maps and/or Improvement Plans: By DEVELOPER • TRACT AGREEMENT This AGREEMENT, made and entered into this 11th day of March , 1984. by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and CANADA DEVELOPMENT CO. , INC. , 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 as designated Tract 7282 Cupertino California, hereinafter designated as the "Tract; " and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Tract by Hoskins Engineering, 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. " Page 1 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: SCHEDULE OF BONDS, FEES AND DEPOSITS PART A. Faithful Performance Bond: $70, 000. 00 Seventy Thousand and no/100 Dollars PART B. Labor and Material Bond: $70, 000. 00 Seventy Thousand and no/100 Dollars PART C. Checking and Inspection Fee: $ 2, 800.00 Two Thousand Eight Hundred and no/100 Dollars PART D. Indirect City Expenses: $ 420. 00 Four Hundred Twenty and no/100 Dollars PART E. Development Maintenance Deposit: $ 295. 00 Two Hundred Ninety-Five and no/100 Dollars PART F. Storm Drainage Fee: $ 1, 390.00 One Thousand Three Hundred Ninety 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: $ 118. 00 One Hundred Eighteen and no/100 Dollars PART J. Park Fee: Zone L-2: $19, 656. 00 Nineteen Thousand Six Hundred Fifty-Six Dollars PART K. Water Main Extension Deposit $ 0 .00 PART L. 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. 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 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 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-4n- the 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 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. 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 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: 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 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 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. Page 4 5. 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 sh-all notify DEVELOPER of any • additional sum due and owing as a result thereof. 6 . INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 7. MAP FILING FEE It is further agreed that the 'DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street 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-bo ds ,by_-_ the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9. STORM DRAINAGE FEE It is 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) . 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 H) , which amount represents the power %cost for street lights for one year. Page 5 • • • 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: 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/ormaterials 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 Code, pertaining 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 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. STREET 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 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 as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst 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 Page 7 •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 ofliability 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. 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 Septembet 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 . 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. Page 8 • 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. 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 CUPERTINO Approved as to form: ez.„_€2, ity Attorn- C' ty Clerk r DEVELOPER: MPDGA DEVELOPEMENT CORP . dba Canada Development Company, Inc. By: Notary Acknowledgment Required. Page 9 P • ' 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 whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) - -- --_ ' On this day of 16th day of February in the year of 1984 , before me Ruth Van Zanen personally appeared ERNEST L. MILLER 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. o f OFFICIAL SEAL l` kP RUTH VAN ZANEN r Notary Public in and the County " � NOTARYPUBLIC -CALIFORNIA of Santa Clara, State of California ,ti ,; SANTA CLARA COUNTY My comm. expires AUG 23, 1985 I, 6/29/82 STATE OF CALIFORNIA ) COUNTY OF Santa Clara ) ss. On this 23rd day of February , 1984 , before me the undersigned, a Notary Public in and for said County and State, personally appeared Madelaine Gentry , 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 as Attorney-in-Fact of Surety Insurance Company of California and who being by me duly sworn, did depose and say: that he/she is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he/she knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him/her in accordance with the By-Laws of the said Corporation and that he/she subscribed the name of Surety Insurance Company of California as Surety and his/her oc a iyiaen tAddco ey-in-Fact. ac er OFFICIAL SEAL jI I �5 PIETY C. HAUGEN PR / Notar.PrindPubllcPalOffice ICantonrnla -• ' i •.:,.• Santa Clara County (Notary Publi My commission expires Feb. 24, 1986 oa°4c:0®nsZ '4101A- 5100-01 (Rev. 10/82) i F. Bond No. 553960 "Executed in Duplicate" MUM PREMIUM $ 1,400 per 2 year term • \• FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNOW ALL MEN 3`. THESE PRESENTS : THAT WE; MPDGA DEVELOPMENT CORPORATION as Principal and SURETY INSURANCE COMPANY OF CALIFORNIA as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Seventy Thousand and no/100 Dollars -Dollars ($ 70,000.00 ) 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 Tract 7282 located Off Blaney Avenue near Beekman Place in accordance with the approved Improvement Plans prepared by Hoskins Engineering Civil Engineer on file in the Engineer's Office, City of Cupertino. WHEREAS, Improvements shall be completed within one (1) year from the date of Acceptance of this bond by the City Council. WHEREAS, Improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City. This bond shall be in full force and effect through the period of maintenance as provided in said contract. The maintenance period shall continue until such time that all deficiencies of construction are corrected to ' the satisfaction of the City Engineer's Office. • NOW, THEREFORE, if the said Principal shall well and- truly do and perform all the covenants and obligations as set forth above, on its part to be done and performed at the time and in the manner specified therein, then this obligation shall be null and void; otherwise this bond shall remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 23rd day of February , 1984 . MPDGA DEVELOPMENT CORPORATION (To be signed by Principal and Surety • and acknowledgment) 4q(6 Principal SURETY INS 'e' « COMPANY OF CALIFORNIA urety 40 3y: L 1 • - Attorney-in-Fact / a.elain Lr n • The above bond is accepted and approved this day/of 19 la 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 whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California • CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day-of 16th. day of February in the year of 1984 , before me Ruth Van Zanen personally appeared ERNEST L. MILLER 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. (- OFFICIAL SEAL RUTH VAN ZANEN 74 J + �q NOTARY PUBLIC -CALIFORNIA Qin6it/ • SANTA CLARA COUNTY Notar Pu. is in and fo/ he County My comm. expires AUG 23, 1985 of Santa Clara, State or California A/9Q/R9 • "Executed in Duplicate" Bond No. 553960 • LABOR AND MATERIAL BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and MPDGA DEVELOPMENT CORPORATION 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 SURETY INSURANCE COMPANY OF CALIFORNIA 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 orperformed 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. parsons 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 Seventy Thousand and no/100 Dollars-- ($ 70,000.00 ) . 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 sui_ is brought upon this bond, such reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons , companies , and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. STATE OF CALIFORNIA ) ss. COUNTY OF Santa Clara ) On this 23rd day of February , 19 84 , before me the undersigned, a Notary Public in and for said County and State, personally appeared Madelaine Gentry , 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 as Attorney-in-Fact of Surety Insurance Company of California and who being by me duly sworn, did depose and say: that he/she is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he/she knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him/her in accordance with the By-Laws of the said Corporation and that he/she subscribed the name of Surety Insurance Company of California as Surety and his/her own name as Attorney-in-Fact. eoeoe/eoeoe,fl OFFICIAL SEAL „O7Z4 PIETY PIETY C. HAUGEN , Notary � . NoPublic California Y 400 Pr Ot et <tartC1a My commission expires Feb. 24, 1986 a ®r•�oeo�r�o®n®rcrro 5100-01 (Rev. 10/82) ti Labor and "-iateria]. Lund 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 23rd day of _ February , 19 84 . MPDGA DEV DPMENP CORPORATION (To be signed by Principal and Surety GXL��i� J/ and acknowledgment Principal and notarial seal attached.) SURETY INS CE COMPANY OF CALIFORNIA -- Surety • BY: ` .a_ . ..//i_ .� Atti.rney-in-Fac'- Madela' Gentry The above bond is accepted and approved this day of , 19 . • 4 i I) L • . 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 whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) . ) ss. COUNTY OF SANTA CLARA) --- On this day-af 16th day of February , in the year of 1984 , before me Ruth Van Zanen , personally appeared ERNEST L. MILLER 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. OFFICIAL SEAL ��Gl Q�� RUTH VAN ZANEN .1.ga giV NOTARY PUBLICCALIFORNIA NOt-ry ' _b11C in and f the County e SANTA CLARA COUNTY of Santa Clara, State of California \' �_ My comm.'expires.AUG 23`1985 6/29/82 SURETY INSURANCE COMPANY OF CALIFORNIA "The Dollars and Sense Surety" HOME OFFICE IN LA HABRA, CALIFORNIA P.O.BOX 2430 LA HABRA,CALIFORNIA 90631-1630 d CERTIFIED COPY OF POWER OF ATTORNEY Na 3 54 7 KNOW ALL MEN BY THESE PRESENTS: That Surety Insurance Company of California, a California Corporation, having its principal office in the City of La Habra, County of Orange, State of California, pursuant to the following By-Laws which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit: "Article IV, Section 7 (b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint Madelaine Gentryof San Jose, California its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees, official, surety and fidelity bonds. 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 at its office in La Habra, California in their own proper persons. IN W ErrR , Surety Insurance Company of California has caused these presents to be signed by its duly rut J, b is c orate seal to be hereunto affixed this 2nd day of March , 19 83 of C n SURETY INSURANCE COMPANY OF CALIFORNIA INCORPORATED Tr- _ _ o N JAN. 31, 1969 ST By John F.Merrill President ST E O coax g4Igp W } ss: On this 2nd day of March A.D. 19 8 3 before the subscriber,a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, personally appeared John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, 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,deposed and said that he is the officer of the said Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation,and that Article IV,Section 7 (b) of the By-Laws of said Company,referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written. • .....vs•ctiLL WROBEL �" CIAL SEAL JILL WROBEL I _ NOTARY PUBLIC-CALIFORNIA Notary Public a� PRINCIPAL OFFICE IN + ., .,n 11' ORANGE COUNTY ". My Comm.Expires Aug.8,1986 CERTIFICATION I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section 7(b) By-Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name a affixed the corporate seal of the said Company us 23rdaay of February 19 84 . (SEAL) Secretary '6"- 114(Rev.iO15I Phillip R. Gilbert