84-063 Sykora, Ronald F.,Resolution #6406, Tract No. 7592 T RAC T AGREEMENT
This AGREEMENT, made and entered into this 20th day
of August , 19 gi , by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter designated as CITY, and RONALD F. SYKORA, 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 7592, 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 Kirkeby and Associates, a
true copy of said improvement plans and specifications are on file
in the Office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated herein by reference, the
same as though set out in full;
NOW, THEREFORE, said improvement plans and specifications shall
be hereinafter called the "Plans, " and the work to be done under
the Plans shall be called the "Work. "
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: $12,000. 00
Twelve Thousand and no/100 Dollars
PART B. Labor and Material Bond: $12, 000 .00
Twelve Thousand and no/100 Dollars
PART C. Checking and Inspection Fee: $ 480 . 00
Four Hundred Eighty and no/100 Dollars
PART D. Indirect City Expenses: $ 72.00
Seventy-Two and no/100 Dollars
PART E. Development Maintenance Deposit: $ 325. 00
Three Hundred Twenty-Five and no/100 Dollars
PART F. Storm Drainage Fee: $ 1, 763. 00
One Thousand Seven Hundred Sixty-Three and no/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: $ 110 .00
One Hundred Ten and no/100 Dollars
PART J. Park Fee: Zone B $15, 120 .00
Fifteen Thousand One Hundred Twenty Dollars
PART K. Water Main Extension Deposit: $ 2,808. 00
Two Thousand Eight Hundred Eight Dollars
PART M. Maps and/or Improvement Plans: By DEVELOPER
Page 2
•NEW, 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 . 1 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 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 inconnection 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 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 Councilof 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 isfurther 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, or on behalf of said DEVELOPER. Both bodily
injury and property damage insurance must be on an occurrence
basis; and said policy or policies shall provide that the coverage
afforded thereby shall be primary coverage to the full limit of
liability stated in the declarations, and if the city, its members
of the City Council individually and collectively, and the
officers, agents, and employees of the CITY, individually and
collectively, have other insurance against the loss covered by
said policy or policies, that other insurance shall be excess
insurance only.
A. Each of said policies of insurance shall provide coverage
in the following minimum amounts: For bodily injury, $100,000
each person; $300 ,000 each occurrence, property damage, $50,000
on account of any one occurrence with an aggregate limit of not
less than $200,000 .
B. The DEVELOPER shall - file with the City Engineer at or
prior to the time of execution of this AGREEMENT by the
DEVELOPER such evidence of said foregoing policy or policies of
insurance as shall be satisfactory to said City Engineer. Each
such policy or 'policies shall bear an endorsement precluding
the cancellation or reduction in coverage without giving the
City Engineer at least ten (10 ) days advance notice thereof.
C. In the event that the Project covered herein should be
mutually situated in or affect the area of jurisdiction of a
separate municipality or political subdivision of the State of
California, the policies of insurance required herein and above
shall co-name such municipality or political subdivision and
the provision set forth herein and above for the protection of
the CITY shall equally apply to municipality and political
subdivision.
22. 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
O. , 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
10 Approved as to form: /AIL/ !C
/ dy•r:f
r flOa /o r
P •ity At'orney City C er •r
bEVELOPER:
By:
Notary Acknowledgment Required.
7
Page 9
GENERAL ACKNOWLEDGMENT NO.201
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'N State of — /,,.,.CC/�/441) 1 On this the�7- y of /`//�'/l 9 e! Sit 19P/before me,
o County of /a �02�o2 ( SS. �j). 0 y nay/i 'L d,{'Ji.EA-/!/-S ,
oJ the undersigned Notary Public,personally appeared
/?A a Syf�D/P. I
R$ AOCfiJGOC�JQOf�GOLopo%ote� eGOf ❑ personally known to me /
2 OFFICIAL SEAL 'roved to me on the basis of satisfactory evidence
�OfOd+r Maria Corn�lios g to be the person(s)whose name(s) /`S subscribed to the
\ 2 ANTAtItASt ?ust�C.COuN rvfa within instrument,and acknowledged that Ae executed it.
cg SAMA t•(A•A CO{utrY
My Commission i�� WITNES. ' hand and official seal /]
ti ��� �� APri11, 1988 `;� C// /�
o cocncoevcetocse
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SET TAB STOPS AT ARROWS
~�`} Y ISSUE DATE(MMIDDM')
Of CERTIFICA` 1E OF INSURANCE r� $-13-84
•
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
9 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
KELTER-THORNER INC. OF CA.
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2342 EL CAMINO REAL .
REDWOOD CITY, CA 94063 COMPANIES AFFORDING COVERAGE
TEL: (415) 369-1033
LCOMPPANY A St. Paul Ins Co
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COMPANY .
INSURED LETTER B
RONALD F. SYKORA, a married man _ COMPANY O
r -'_ --_'-• - - - - _, --!
60 Hillsdale Mall — _ COMPANY D
San Mateo, CA 94403 LETTER
COMPANY r
LETTER
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
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 CONDI-
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE POLICY NUMBER POLICY HTECfIVE POLICY EOIMTION LIABILITY LIMITS IN THOUSANDS
DATE(IANDDffn DATE OILMAN) EACH AGGREGATE
. _ OCCURRENCE
GENERAL LIABILITY
BODILY
F
COMPREHENSIVE FORM
INJURY $ $
PREMISES/OPERATIONS 594JC0701 :113/84 8/13/85
PROPERTY
UNDERGROUND HAZARD
DAMAGE $ $
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
SI ED $500. $ 500.
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $ 500
AUTOMOBILE LIABILITY MYe-. ---
■ ANY AUTO `) $
■ ALL OWNED AUTOS(PRA/.PASS) BOXY
■ ALL OWNED AUTOS( P ) _ p61 ACCONh) $
El HIRED AUros PROPERTY
1. NON-OWNED AUTOS DAMAGE $
MY
PEA MO
WO
is GARAGE UABILITY . SI&PD
MICOMBINED $ •
.
■ FORM
..
I EXCESS LIABILITY
UMBRELLAUMBRELLAgag $ $
in OTHER THAN UMBRELLA FORM
IWORKERS'COMPENSATIONSTATUTORYAND $ (EACH ACCIDENT)
EMPLOYERS'LIABILITY (DISEASE-POLICY LIMIT)$ (DISEASE-EACH EMPLOYEE)
I OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEM Tgr 0 - IYISU :-• : The city of Cupertino and members
the City Council of the City of Cupertino Individualy and Collectively, and the officers, agent:
and employees of the City individually and collectively with respects to property located at
10700. Rae Lane, Cupertino, Ca
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
City of Cupertino PIRATIONI DATE THEREOF, THE ISSUING COMPANY WILL
P.O. Box 580 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, -00'0I.1 1VI,+T'Ift O i'1'U 0, 0ttt4M N:11;a04i :i tl Jl:4'
Cupertino CA 95015 )•I•i'0U^I-►LPG1•i?t•.4V 1.1'110 t v 3VcyO J�41 ;cTVOli'.''•
AUTHORIZED REP- .ENTATi, 4. I f fir1 ^1P
ACORD 25 (2184) 'IS IIR/ACORD CORPORATION 1984
•
•
STATE OF CALIFORNIA, COUNTY OF.. Santa Clara ss
On August 16, 1984 ,before me a Notary Public, within and for the said
County and State, personally appeared Rochelle P. Woessner known
to me(or proved to me 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 AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he
subscribed ' �INNSURANCE CO ANY thereto as Surety,and his own name as Attorney
in Fact. eTh, DONNA J. ROGERS
. .A NOTARY PUBLIC-CALIFORNIA /11A—Ci,
�– ( � , '
• PRINCIPAL OFFICE IN S 1 - NOTARY PUBLIC SANTA CLARA COUNTY
My Commission Expires Sept.16,1985
GENERAL ACKNOWLEDGMENT NO.201
State of _ /% . �.i/// � On this the L d y�ofo,�0/j lam//Ji L �•e7,before
lme,
' ` County of ./ / �; SS. ���' �� L./_ �„�� iGIaP�S/i
S ) the undersigned Notary Public,personally ap eared o
o
\ � 1
S 6o catecc�cr�aoMectztocomtet nisi 6
E OFFICIAL SEAL DPersonally known to me 8
1 g % ALLISON F. ViLIARANTE g roved to me on the basis of satisfactory evidence 1
g ,-n a, NOTARY PUBLIC-CAufu.tNIA g to be the person(s)whose name(s) ` , / subscribed to the
SANTA CLARA•COUNTY within instrument,and acknowledged that-_. executed it.
sN 0 My Commission Expires Feb. 8, 1988 WITNESS my hand nd official seal. ss
yczata ttya0C1t�zcxvGMxao4o2GrIcxao��. •
tiNota s Si a urT�e`^2 ti
./l./l!I!!llJlllJ!Il-/!l//JII./1IJ!l!./!JJ././llll-,
•
•
` • • Bond Number: 1050159
i' ANNUAL PREMIUM $ 240.00
' FAITHFUL PERFORMANCE. AND COMPLETION IMPROVEMENT 30ND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Ronald F. Sykora
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*****Twelve Thousand and no/100 ************************************************
**************************************************************Dollars ($ 17 000.00 )
lawful money of the United States , for the payment of which will and truly to be made, s
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 7592
located off Rae Lane
in accordance with the approved Improvement Plans prepared by Kirkeby and Associates
Civil Engineer
on file in the Engineer's Office, City of Cupertino.
WHEREAS, Improvements shall be completed within one (1) year from the date of
Acceptance of this bond by the City Council.
WHEREAS, Improvements shall be maintained for a period of at least one (1) year after
acceptance of construction by the City. This bond shall be in full force and effect
through the period of maintenance as provided in said contract. The maintenance period
shall continue until such time that all deficiencies of construction are corrected to
the satisfaction of the City Engineer's Office.
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the
covenants and obligations as set forth above, on its part to be done and performed at
the time and in the manner specified therein, then this obligation shall be null and
void; otherwise this bond shall remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety this 16th day of August , 19 84
(To be signed by C2�
' Principal and Surety n� )�
and acknowledgment) kr/
• Prin p I
est Suret Ins Be Company -•
S Tar /SW
By: % ,
Atto ev-i Fact
Chert' M. Bou nand
r
The above bond is accepted and approved this day of
' 19
• . AMWEST SURETY INSURANCE COMPANY ./ cTs.S;,
r P.O.Box 4500 Q1')rr
N / 6780
Woodland Hills, California 91365 ,,�Ask _J
Telephone 213: 704-1111 LE/J Ir:.7
��
POWER OF ATTORNEY \t
KNOW ALL.MEN BYTHESE PRESENTS,That tFMWESTSURETYINSURANCECOMPANV,CALIFORNIACORPORATION
does hereby make, constitute and appoint/GARY R..PETERSON—JANICE DRUEZ—DYANNE A.CALAHA47SHIRLEY
PAIVA—CHERYL M. BURNAND—JOHN/E,SAVAGE SCOTT D. ANSCHULTZNMARGIE WILSON-CATHERINE
THOMPSON—ROCHELLE P.WOESSNER-DONNA J.t)OGERS--SUEBROWN—PAMELA SCOTT-G.J'-SANDEN—
JOSEPH M.PANARISI—KRISTEN OUERY,+-MARCIAD,SMITH—MART LYN K.CARLISLE-DON WELTYKAY E.BETTIN
its true and lawful Attorneys)-in Factflvith;full power and authority for and ontbehalf ofthe company as suret �to execute
and deliver and affix the seal of,the company thereto if1a seal is required, bonds,undertakings, recognizances or other written
obligations in the nature thereof,.as follows:.
CONTRACT, LICENSE/PERMIT,CO RT& MISCELLANEOUS L�LANEOUS BONDS TO$400,000.00
and to bind AMWEST SURETY INSURANCE'COMPANY thereby; and all of the acts of said Attoroeys-in-Faet,pursuaRt to
these presents, are hereby ratified and confirmed. This appjomtment is made under an'd.by'authonly of the following provi-
sions of the By-Laws of the company, Whicharenow in'fpll,force and effect'\ t ';t \ \
Article III, Section]of the By Laws of AMWESTTSURETY INSURANCE COMPANY\ \,t
This Power of Attorney is signed/and sealed by facsiui leunder and by the'authority of`the'kollowing resolutions adop-
ted by the board of dire/ctors of AMWEST"SURETY INSURANCE COMPANY at a•meeting duly�,held on December`15, 1975.
f t \t
I • // / t
RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secre-
t,
ec`e- `
tary,may appoint attorneys nrfact dr agents with authorityas defined or limited in the instrumentevidencingthe \\'t
appointment in"each case, fpr and on behalfjof the company to execute.and deliver and affix the sealtof the com-\
pany to bonds, undert'akingsr recognizances, and suretyship obligations of all kinds and said officers may remove \
any such/attorney-in-fact or agent and/evoke any ppwer of attorney previously granted to such person.
j
/RESOLVED/FURTHER that yany bond, undertaking,recognizance,or suretyship obligation shall be valid • -
and binding'upon,the�eompany / / . * // \ "'
/ (i) when signed by the presider-it t-oany Ice.presideni ed attested and sealed (if a seal be requiredf by any , J
secretary or assistant secretary;or
/
// ' (ii) when signed by the president or any/vice-.president or secretary-or-assistant,secretary;and countersigned- i
and sealed (if asseal be regy ed)'by a duly atf• ihorized attorney-in fact or agent;or
+
iiii)when duly executed and sealedt(if a seal be required) b�'one or more attorneys-in-factor agents, pur-
suant
ur suant to�;andewithinthe limits of the authority evidenced,by the powe\Of attorney issued by the company t0 such
person,or persons. y/ J t..-. --
• I /RESOLVED/FURTHER that the signature of any authorized officer and_the-seal_of.themcotnpany_may be,
affixed by'facsimile to/any"power/of attorney or certification thereof authorizing the execution and delivery off
any bond; undertaking,recognizance, or other suretyship obligations of the company and such:signature and seal
wheri so used shall have the,samerforce and effect as though manually affixed f
IN-WITNESS W(IEREO'FTAMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its
proper officer,and its corporate seal to,behereunto affixed this 17th day of September 19 81
E�+'“'°A,,�/ WEST SURETY INSURANCE COMPANY
5
pin
A.
42COSIO9_
1 '4 191” /t., _ rESi t
%FORM'f Secretary
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES— ss
On this 17thday of September A.D., 1932, 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,CALIFORNIA who executed the aboveinstrument,.and-they each acknowledged theexecution of the same, and being
by me duly sworn, did severally depose and say: that they are the said officersof 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 assuchofficers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
rm..mmmmmmmm-pF IAL SEAL
mm.mm_1 n
i; DYANNE A. CpLAHAN / I /a Cil
Ieaeiln
�: NOTARY NE A. -OHA NU
(SEAL) /✓// ,V.1
Ijigil PRINCIPAL SCal dN
LOS ANGELES COUNTY Notary Public
noMy Commission Exp.Mar.29. 1985 11
I.
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, CA-. .. this 16th day of August _ 79_84
6.16 IX uNitf 11
AW-2 %3�OPPoR4t Oilo I. ``'•�`!�, V 214.02.1;1"...—,
. �`
Secretary
11 *,r 1 tot 'i
11•\ . /
114•``gPo=eM m
a
STATE OF CALIFORNIA, COUNTY OF Santa Clara S5,
On August 16, 1984 ,before me a Notary Public, within and for the said
County and State, personally appeared Rochelle P. Woessner , known
to me(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument
as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he
subscribe �'&�IaURANCE CO 'ANY thereto as Surety,and his own name as Attorney
in Fact. ceriSS
DONNA J. ROGERS
` -fl NOTARY PUBLIC-CALIFORNIA
.orePRINCIPAL OFFICE IN A. lJj a1 ... 411 LAD , A ,
SANTA CLARA COUNTY / NOTARY vueuc
My Commission Expires Sept.16,1989
GENERAL ACKNOWLEDGMENT NO.201
�.+ese�r-.+rr rC-- rrr r-.Crr-rrr-ir r rrr -/--.--C..." rr rrr �--i'-�r-ir ......^-/- .i r r,
�1 �� /
State of ��Q a iO�(t!i On this the /,�day
��ofy� L %!.✓ //J�19_ i ,,before me, oO
SS.
County of �.[ �/.1 ' 11111{ / / ci- /girt
the undersigned Notary Public, percd.sonally appearedaro
i,.. .cceC....txsccaccv..„„ccscc�cnt AA.../3 \I���� -" , ,\
a. OFFICIAL SEAL ❑ personally known to me ,,
ALLISON F. VILLARANTE
;• ., .. NOTARY PUBLIC-CALIEURNIA a Proved to me on the basis of satisfactory evidence '1
.4*j SANTA CLARA COUNTY $ to e the person(s)whose name(s) subscribed to the
My Commission Expires Feb. 8, 1988 gi within instrument,and acknowledged that _s./ executed it.
• p 6y.1cN�.a67acrocraG1-7c.r:.:�b• WITNESS . ddaanndd official seal ....
s sry'sSignature - ti
1!!!!✓.11lirlrrrrrrrrrl oocce rszorJl!J r.F/llrrr rrJrllrlrrr./ eter_J i
-..,...,.,
Bond Number: 1050150
•
.
.
•
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LABOR AND MATERIAL BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Ronald F. Sykora
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
Twelve Thousand and no/100 Dollars
($ 12 inn on ) .
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.
•
• F
Labor and _-iaturi^), i;uitd 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 sante 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 6111 day of /}L{(y-U S 1 p��,�,119 �fy 1��t
(To be signed by C5 e -' `J j� e #4
Principal and Surety onat r R'(`�`'"t/ /t
and acknowledgment Principal 1
and notarial seal_
attached.)
•
'lest Surety Insu ce Company
Surf
i
. .
By: •
Attorney in act
Cheryl M Burnand
The above bond is accepted and approved this - day of
, 19
•
•
•
•
•
a
A AMWEST SURETY INSURANCE COMPANY r! s,"\V\
r.o.aDz45oo N2 /67181
Woodland Hills, California 91365 79-7-,r--
Telephone 213: 704-1111 /,t'i ' �....
WER OF ATTORNEY �N�N
does hALL MEN BY THESE PRESENTS,That AMWEST:SURETY'INSURANCECOM PANY,A CALIFORNIA CORPORATION
KNOW
ALL
make, constitute,and appoint/GARY R.PETERSON=JANICE DRUEZ—DYMINE A.CALAHANTSHIRLEY
PAIVA—CHERYL M. BURNAND—JOHN/E. SAVAGE-SCOTT D. ANSCHULTZ',MARGIE WILSON ,CATHERINE" t
THOMPSON—ROCHELLE P.WOESSNGR-DONNA.J. ROGERS—SUE'BROWN'—PAMELA SCOTT-G.J.SANDEN -`
JOSEPH M.PANARISI—KRISTEN QUERY-MARCIA D.SMITH—MARILYN K.CARLISLEDON WELTY—KAY E.BETTIN \
its true and lawful Attorneyls)-in-Fact,, ith full power and authority fqr and-onsbehalf 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 or other written
obligations in the,nature thereof, as follows_ -
B CONTRACT, LICENSE1PERMIIT, COURT& MISCELLANEOUS`BONDS TO$400,000.00 �
and to bind AMWEST SURETY/INSURANCE COMPANY the{eby, and all of the acts\of'4id Attorneys-in''Fact, pursuant to
these presents, are hereby ratil:,ied and Confirmed This,appointment is made,under and tiyauthority off\ollowing provi-
sions of the By-Laws of the company,which are now in Lull.+force and effect \ •\ \ \ \
Article III, Sectionyof'the By Lavvsfof AMWES/SURETY INSURANCE COMPANY \ \
This Power of Attorney is signed andsealed by facsgn le tinder and by the'authollty oftthe following resolutions adop--
ted by the boardofdirectors.of AMWES °SURETY INSURANCE COMPANY at emeetingduly,held on December 15,,_ 1975.,.
RESOLVED that the president or any;vice-president, in conjunction.with the secretary or any assistant secre- •
tary,may appoint attorneys n-fact or ager swath authority/as defined or limited the instrumentvevidencing the
appointmen/jp:':each case(for and on behalf of the:company to execute and deliver'and affix the\seal\of the corn
pany to bonds,undertakings,, recognizance?,and suretyship,obligations of all kinds;and said officers May remove \
any such£ttorney-in-facto€agent and/revoke any,power\of attorney previously granted to such person.
/RESOLVEbIFURTHER that'anjbond,u/d
/fertakinn, recognizance,or suretyship_obligation shall be valid
and binding uponrthe copany / . . :
li) when signed by the pressid nt or any vice-presiden and attested and sealed 111 a seal be required)by any
m /
"_---- --- _-
s-oretary or assistant secretary iyor/ Y
. (ii) when signedby thypresidentof any�ce-president or secretary.or a ssistant-secretar-y,.apdcountersigned -i
and sealed Of a,seal be tequ fed)'by a dolt' authorized attorney-in-fact or agent,or
(iii /when duly executed and sealedinf a seal be required) byone or;more attorneys-in-fact or agents;our- c f
want to andwithinthe limits of the authority evidenced by the power of attorney issued by the company to.such J
Person or ffersgns. // ./ L_ /
• jiRESOLVE9'FURTHER that the signature of any authorized office`and_the,seal of_the-company_may-bel
affixed by facsimile totany power1of 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
_ vfvhen so used shall have.the same°force and effect as though manually'affixed\\ �`
/1/ - / / l �w :r
IN-WITNESS WHEREOF;AMWESTSURETY 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 81
E�4 rsun,t,F- WEST SURETY INSURANCE COMPANY
r
t
•
c,uiaRe`r \__'�G�/ V' Secretary
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES —ss
On this 17thday of September A.D., 19 81., personally came before me Richard H. Savage
and Marge Schneider tome known to be the individuals and officers of AMWEST SURETY INSURANCE COM-
PANY,CALIFORNIA 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
wereduly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
I
OFFICIAL SEAL /'�
_ y` �O� DYANNE A. CAUIHRN / /1 Cell-L:
�a n n
j,. NOTARY PUBLK:-OFFICE
I NNU (SEAL) /„/✓/ (� l ,( M
c 7' PRINCIPAL OFFICE.IN
LOS ANGELES COUNTY Notary Public
L' My Commission Exp.Mat.29.1985
1. it va.� _
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 directorsset forth
in the Power of Attorney, arenowin force.
'Signed andsealed at San Jose. CA. this 16th- _day-of- -- August - - 19_84.
".--.J.,PRisoq hC tt
15 •'l`tt'
AW-2 i i _coaooe,rr �<r,
r. _._ o zf Secretary
t, *It 1.191h `%
1I.
t�t�°===omen==