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84-023 Cupertino Commercial Development, subdivide land marked as designated tract 7616 1,1 •RESOLUTION NO. 6321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7616 LOCATED AT THE NORTHWEST CORNER OF STEVENS CREEK BOULEVARD AND ROUTE 85 DEVELOPER, CUPERTINO COMMERCIAL DEVELOPMENT (AUGUST LIEBELT, ET AL.) ACCEPTING CERTAIN EASEMENTS, AUTHORIZING SIGNING OF FINAL MAP AND IMPROVE- MENT 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. 7616 located at the northwest corner of Stevens Creek Boulevard and Route 85 showing certain avenue, drives, places, and roads by Cupertino Commercial Development (August Liebelt, Et Al.) ; 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, THEREOFRE, BE IT RESOLVED THAT a. Said final map and improvement plans of Tract No. 7616, 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 to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of May , 1984, by the following vote: Vote: Members of the City Council AYES: Gatto, Johnson, Rogers,. Sparks,- Plungy NOES: None ABSENT: None ABSTAIN: None ATTEST: None APPROVED: /s/ Dorothy Cornal;nc /s/ Jnbr J. Plunge, Jr. City Clerk Mayor, City of Cupertino Resolution No. 6321 • ►-7f •' EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tract No. 7616 - Office Condominiums DEVELOPER: Cupertino Commercial Development (August Liebelt, et al.) LOCATION: Northwest corner of Stevens Creek Boulevard and Route 85 A. Faithful Performance Bond: $27,000.00 Twenty-Seven Thousand and no/100 Dollars B. Labor and Material Bond: $27,000.00 Twenty-Seven Thousand and no/100 Dollars C. Checking, and Inspection Fee: *($1100) $ 250.00 Two Hundred Fifty and no/100 Dollars D. Indirect City Expenses: *($165) $ 38.00 Thirty-Eight and no/100 Dollars E. Development Maintenance Deposit: *($325) $ 0.00 F. Storm Drainage Fee: *($1096) $ 0.00 G. One Year Power Cost: N/A H. Street Trees: BY DEVELOPER I. Map Checking Fee: N/A J. Park Fee: N/A K. Water Main Extension Deposit: *($4198) $ 0.00 L. Maps and/or Improvement Plans: BY DEVELOPER * ( ) Indicated Amounts Previously Paid - Receipt #49795 dated 10/7/80 TRACT AGREEMENT ' This AGREEMENT, made and entered into this 7th day of May , 19 R4 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and CUPERTINO COMMERCIAL DEVELOPMENT, 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 7616, 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 Kier and Wright, 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 ..37 43a-- 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: $27,000. 00 Twenty-Seven Thousand and no/100 Dollars PART B. Labor and Material Bond: $27,000. 00 Twenty-Seven Thousand and no/100 Dollars PART C. Checking and Inspection Fee: * ($1100 ) $ 250. 00 Two Hundred Fifty and no/100 Dollars PART D. Indirect City Expenses: * ($165) $ 38.00 Thirty-Eight and no/100 Dollars PART E. Development Maintenance Deposit: * ($325 ) $ 0. 00 PART F. Storm Drainage Fee: * ($1096) $ 0. 00 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. Water Main Extension Deposit: * ($4198) $ 0. 00 PART M. Maps and/or Improvement Plans: By DEVELOPER * ( ) Indicated Amounts Previously Paid - Receipt #49795 dated 10/7/80 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 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 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 shallpay 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. 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 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. 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 I€ '•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 3 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/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 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 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 Page 7 shall provide bodily injury and property damage coverage to the foregoing ' named CITY and individuals covering all the Work performed by, for, orlon 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. 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 3, 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 STATE OF CALIFORNIA }SS . " COUNTY OF Sg7vr4. CL4-ye4 ON ity , 191, before me, the undersigned, a Notary Public in and for said County and State personally appeared • .6.-et 57 / /6 sc.-7-- OFFICIAL SEAL BEV BEACH , known to me to be one of the partners of the partnership that executed the within fl NOTARY PUBLIC-CALIFORNIA Principal Office in ALAMEDA County , instrument, and acknowledged to me that such partnership executed the same. My Commission Expires May 17.1985 / i Notary's Signature PARTNERSHIP ACKNOWLEDGMENT Form No.17 • 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. tr CITY OF CUPERTINO Approved as to form: � ` , i xty A or `r Ci y C er • rl/;�./ J 7" %J.-yr ai-o-aze-i-e-sdQd-cL ..ua.1: EVELOPER: Y o // • Notary Acknowledgment Required. • • Page 9 STATE OF CALIFORNIA On this third day of May in the year nineteen hundred eighty-fourss. before me, COUNTY OF...Banta..Clar.a •••Karin.•FIuber ,allotajy Public,State of California, duly commissioned and sworn,personally appeared '..August.•L i•ebe yt OFFICIAL SEAL personally known to me (or proved to me on the basis of satisfactory evidence) to be ya ► KARIN HUBER NOTARY PUBLIC-CALIFORNIA the person....whose name......is SANTA CLARA COUNTY subscribed to this instrument,and acknowledged that... .he... .executed it. My corn-i. expires SEP 12, 1986 I IN WITNESS WFIEREOF I have hereunto set my hand and affixed my official seal --- -- in the.... unty of 626 N.Wlncba4er Blvd,Suite 1C,San lose,a195128 State••o •CaliforniaCal i•forni•a •••Sant a••Clara on the date set forth above in this certificate. The dawam b only a Mixing Icem Mull may he proper lm use m simple transactions an m m way ala or Is kemded to al,as a abeauw tor the advice on an many.me Mawr does not Notary Public,State of California make any wana,q.either oar®or mroapd as to the legal validly of any provision or the aamr^yalMite lama in any specific transact= My commission expires September 12, 1986 Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 1/83) STATE OF CALIFORNIA, COUNTY OF__ SANTA CLARA._.___ On _._—_ MAY 4, 1984 ,before me a Notary Public, within and for the said • County and State, personally appearedknown CHERYL N. BURNAND tome(or proved tome on the basis ofsatifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AM WEST SURETY INSU' ;NCE COMPANY,and acknowledged to me that he subscribed r is"`ebl NCE CO ' • Y thereto as Surety,and his own name as Attortle t1tAEl�i�p,.t,,.�m.a%,s§��ae� Jl Y in Fact. DONNA J. ROGERS r¢„ •'.453s7 NOTARY PUBLIC-CALIFORNIA hPRINCIPAL OFFICE IN tl L�? 1J. !_ i 4 I/ • • SANTA CLARA COUNTY NOTARY PUBLIC Commission Expires Sopt.78Yt(N8 BOND NO. 1049644 ANNUAL PREMIUM $ 540.00 • FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE; Cupertino Commercial Development , a limited partnership August Liebelt , general partner as Principal and Amwest Surety Insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Twenty-Seven Thousand and no/100 Dollars Dollars ($ 27,000.00 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 Alhambra Condominiums located at the northeast corner of Stevan' rrank and Alhambra in accordance with the approved Improvement Plans prepared by Kier and Wright 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 Ccovenants 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 day of , 19 4TH MAX 84 (To be signed by Principal and Surety and acknowledgment) -- r Prir . . I ;e . :.:TY I`5174 CE CO 'AN By: � _________ Attorney in• i cctt qBE�L- BURNAND The above bond is accepted and approved this day of 19 4 _ _, 4 II 1 AMWEST SURETY INSURANCE COMPANY ;7 ,,4, •• P.O.Fox 4500 N°./5 6; 'S 83 • Woodland Hills, California 91365 /; '4 l Telephone 213: 704-1111 testi/ c.....—.7.--, POWER OF ATTORNEY • \ �1 KNOW ALL MEN.BYTHESE PRESENTS,That AMWEST SURETY INSURANCqE COMPANY,A,CALIFORNIA CORPORATION does.hereby make, constitute and appoint/GARY R.PETERSON=JANICE DRUEZ—DYANNE A.CALAHAN-SNIRLEY 1� PAIVA—CHERYL M. BURNAND—JOHNJE. SAVAGE—SCOTT D. ANSCHULTZMARGIE WILSON CATHERINE THOMPSON-ROCHELLE P.WOESSNER-DONNALI..IJOGER$ SUEBROWN PAMELA SCOTT-GJ.SANDEN— JOSEPH M.PANARISI—KRISTEN QUERY—MARCIA 0.SMITH—MARILYN K CARLISLE—DON WELTY—KAY E.BETTIN its time and lawful Attorney(s)-in FactyWith full power hd authority for and onsbehalf of the company es surety-,,,,to execute and deliver and affix the seal of the company thereto'i a Seal is required,} bond, undertakings; recognizances or othewritten obligations in the nature thereof, as follows: / / ! \4 \ 1 \'. CONTRACT, LICENSE/PERMIT,COURT& MISCELLANEOUS BONDS TO$400,000.00 , and to bind AMWEST SURETY/INSURANCE COMPANY thereby, and all of the acts`of said Attonieys-ii'Fact, pursuant to these presents, are hereby ratified and confrrmed. This appointment is made under and by'authority oetheyfolldwing provi- sions of the By-Laws of the company, whim ar.‘naw in ful)rforce and effect: \•.t z \ Article.III, Section 7/of the By Lawssof AMW£STTSURETY.INSURANCE COMPANY .� \\ This Power of Attgqrineyts signed/and sealed by fatsipri'e under and by the authorityofkhe following�olutrons adop• . ted by the board of.directors of AMW S SURETY INSURANCE CO PANY at a4meeting duly\held on December 15-, 1975. '�. ; / , \ RESOLVED that the president Of anY vice-president, inconjunction with the secretary Or any assistant secle- J tart',may appbrmt attorneys-insfact or agents/with authorit fns defined or limited ir�the instrUment evidencing the appointmentzin each: case(for and on behelflof the company to execute and deliver-and affix the-Fal of thetcom\ \ pany to bonds, undertakiinds, recpgniza,r1ces, and suretyship obligations of all kinds;and said officers may remove s any such//attorney-in-fact/or agent and (evoke anyrpovfe\df attorney previously granted to such person. /RESOLVED,/FURTHER thatfany bon&undertaking, recognizance,Or suretyship obligation shall he valid and binding upon the/ ompany r / N (i) when signed by the preside t or anyce-president^and attested and sealed(if a seal be required) by any j se retort'or assistant secretaryy,>or/ (ii) wheniigned by the,,pr sldentot apylvice-president or secretary-or-assistant secretary,and countersigned —7 'and sealed (if a,seat be required)`hy a duly authorized attorney-imfact or agent;or (iii)when dulV•executedandsealede(if,a seal be required) ba one or more attorneys,in-fact or agents put- want tooandrwithlnthe,lirfiits of the authority evidenced by the power of attorney issued by the-company to such / person orfp`ersons. J/ fir. ^_._ ___�_ -------// ESOLVEDrFURTHER that the.signature,of any authorized offiscer and theseal„of tbe.company_may_be7 affixed by,facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company;and such signature and seal when so used shall have the sameforceand effect as though manually affixed.\\ /f /1/ / I 1'N-WITNESS WHEREOF`AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this 17th day of September 19_$1-,. 1.°INSuggry f WEST SURETY INSURANCE COMPANY ii'i �., ,tom Cpf (/],• . pG°Ryon,. a '$, I F` Liadi ntireRWi D Secretary STATE OF CALIFORNIA,,COUNTY OF LOS ANGELES—ss On this 17thday of September A.D., 1922, personally came before me Richard H. Savage and- Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY CALl FORN IA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. OFFICIAL SEAL.§ sty/41444 ///��� y` � DYANNE A. CAIANAN / 1 �� 5,. NOTARY PUBLIC IN Hu (SEAL) 'e1v/������IyI!!/�.�j��-���-�jw� �.�� ' aalAr rkil PRINCIPAL OFFICE.IN c;% n�t,j 1,05 ANGELES COUNTY ! Notary Public g� My Commission Exp.Mar.29.1985 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ss CERTIFICATE I,the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY , a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that..the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at SAN JOSE, CALIF: this 4TH _day of MAY - 1984_, Z�;msuR;Z: ,\ jh Cr AW-2 13. lcoPONI,L, O., ',('/-/�/,/'/�/-/ .11/1U-L A'I� t<..\ Secretary r 1 I9j5 `1 It • LABOR AND MATERIAL BOND BOND NO. 1049644 (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Cupertino Commercial Development , August Liebelt , general partner 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 Amwest Surety 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 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-Seven Thousand and no/100 Dollars ($ 27,000.00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors , heirs , executors , administrators , successors or assigns , shall fail to pay for any materials , provisions , provender. or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons, companies , and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. STATE OF CALIFORNIA Onthis..tbi,r1 day of...1Vlay ntheyear..nln.eteen.... ss. ]xundr.ed..ei.ghty.-.four before me, COUNTY OF..S.ant.a..C1.a.xa Karin Huber a Notary Public,State of California, duly commissioned and sworn,personally appeared. August..Li eb.el t........ .tu'ff•� OFFICIAL SEAL I personally known to me (or proved to me on the basis of satisfactory evidence) to be n `k'a KARIN HUGER ' the person....whose name l,S ..•--- b`" NOTARY PUBLIC-CALIFORNIA I F+ subscribed to this instrument,and acknowledged that. . . .he . . . .executed it. I 8Avn. expiCLARres COUNTY } r ��� My condo. ezylres SEP 12, 1986 I IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the Stat.e..oX..C.a.).ital.nia., County of 828 N.WlaelZtar Blvd,Suite IC,San lose,CA 95128 S azl t a..C.i ar a / on the date set forth above in this certificate. _ G —0 > I x ' ma Canines is orgy a general form which may be proper for use In simple transactions an N no way acts,or is worded to an,as a substrate for the aria on an attorney.The printer does net Notary Public,State of California make any warranty,either express or Implied as to the legal validity of any provision or the mntiit of theearumnto any swore traaacmn . My commission expires . September 12 , 1986 Cowdery's Form No. 32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 1/83) 1. STATE OF CALIFORNIA, COUNTY OF_ SANTA CLARA ss. On .__...___._ MAY 4, 1984 ,before me a Notary Public, within and for the said County and State, personally appeared known to me(or proved to me on the basis of satifactory evidence)to be the person whose nameUt�bscribed to the within instrument as the Attorney in Fact of and for the AM WEST SURETY INSURANCE COMPANY,and acknowledged to me that he subscribe tama©Ft eru*MW4..LEiSI URANCE CO ' Y thereto as Surety,and his ow, name as Attorney in Fact. •• ' • DONNA J. ROGERS '4 , NOTARY PUBLIC-CALIFORNIA _ j • ` asa STT PRINCIPAL OFFICE IN � t h /_ \ y_�__ ,_ SANTA CLARA COUNTY J/ Noun PUBLIC My Commission Expires Sept.10,19116 Labor and iatcria]. fond 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 4TH day of MAY - , 19 84 . (To be signed by Principal and Surety and acknowledgment Princip7,i and notarial seal attached.) A.I• SURETY Id RANCE COMPANY S aillrahr if Ey: S Attornip n-Fact CHERYL M. :URNAND • 1 , The above bond is accepted and approved this _ day of 19 i 1 i M 1 • • • • • • • • f //� .. Certificate of Insurance aQI�./ o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. a 13 IBIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND'?4DRESS OF'AGENCY COMPANIES AFFORDING COVERAGES ' THE PARTON COMPANY 1363 MERIDIAN AVE. COMPANY A LETTER !l MARYLAND CASUALTY COMPANY SAN JOSE,CALIFORNIA COMPANY B . 95325 LETTER NAME AND ADDRESS OF INSURED . COMPANY ■ _ - CUPERTINO COMMERCIAL LETTER V DEVELOPEMENT, A LIMITED COMPANY D PARTNERSHIP LETTER 826 N.WINCHESTER BLVD. COMPANY E SAN TOSF.,CAT.TF. 95128 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(000) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ®COMPREHENSIVE FORM ®PREMISES-OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD A ❑UNDERGROUND HAZARD BINDER 60 DAYS PRODUCTS/COMPLETED IONS HD 740$ AB 3456 6-24-84 Cl OPERATIONS HAZARDLBODILY INJURY AND ElnCONTRACTUAL INSURANCE PROPERTY DAMAGE $ 500 $ 500 i. OC-I BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS E ' PERSONAL INJURY PERSONAL INJURY $ .f I'A AUT ILE LIABILITY BODILY INJURY $ (EACH PERSON) COMPREHENSIVE FORM ADDITIONAL INSURDES: BODILY INJURY $ ElOWNED CUPERTINO CITY COUNCIL MEMBERS, (EACH ACCIDENT) E HIRED INDIVIDUALLY & COLLECTIVELY; PROPERTY DAMAGE $ la BODILY INJURY AND 'la ON-OWNED OFFICERS,AGENTS,& EMPLOYEES INDI PROPERTY DAMAGE $ -..--" VIDUALLY E COLLECTIVELY COMBINED EXG LIABILITY BODILY INJURY AND UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHERT MBRELLA COMBINED FO WORKERS' PENSATI ''-° STATUTORY and EMPLOY, 'LIABILITY $ (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES All operations on or about property situated at: 10040 Alhambra Ave. ,Cupertino,California 95014 with regards to the constructionof an 8-unit commercial condominium Cancellation: Should any of the above described 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 Cupertino DATE ISSUE'. :7;v14. .- / n d ', , ` :4 10300 Torre Ave. // Cupertino,Calif. 95014 //////////''' ill r UTI/ZER SE J WILLIAM A.PARTON ATTN: Travis Whitten - / ACORD 25(1-79)