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86-003 Rainbow Court Associates, Improvement Agreements :44-0112%$51:tCY�t .N v. • Citsj of Cupertino • y � 4 ••. . dd i • 10300 Torre Avenue • • Cupertino,California 95014 . ' , . ' Cupertino,California 95015 Telephone: (498) 252-4505 • OFFICE OF THE CITY-CLERK 4, vf. v ,•i�, , f.. S ! J March 11` 1986f 'iv .,i i Rainbow Court Associates, 1885 The Alameda, Suite 130 • San Jose,,.CA_ 95126 :;. ` "4 z•4..'i. r. . . i' ..d'( . P' � IMPROVEMENT.AGREEMENT - : + . We are enclosing to you for your files one (1) copy of the Agreement .1• k' ', • by and between ;the City of Cupertino and Rainbow Court Associates, which ' . has been fully executed by City Officials, along with one '(1) copy of . Resolution No. 6780, which was enacted by the.,City 'Council of the'' City Cupertino, at, their'regular meeting of Monday, March 3, l986. Sincerel DORITHY CORNE IUS CITY CLERK CITY OF CUPERTINO • encl. cc: Department of Public Works ` ' '``' • RESOLUTION NO. 6780 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPaCINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED ON RAINBOW DRIVE, DEVELOPER RAINBOW COURT ASSOCIATES, AUTHORIZING ESEQJrION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located on Rainbow Drive by Rainbow Court Associates; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit) , fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all Pavements is hereby accepted. c. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 3 day of March , 1986 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSTAIN: None ABSENT: None ATTESTED: APPROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers CITY CLERK MAYOR Resolution No.6780 • EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT:SINGLE-FAMILY RESIDENTIAL PROJECT RAINBOW COURT ASSOCIATES LOCATION: RAINBOW DRIVE A. Faithful Performance Boni: $36,000.00 Thirty Six Thousand and No/100 Dollars B. Labor and Material Born: $36,000.00 Thirty Six Thousand and No/100 Dollars C. Checking and Inspection Fee: $ 1,800.00 One Thousand Eight Hundred and No/100 Dollars D. Indirect City Expenses: $ 270.00 Two Hundred Seventy and No/loo Dollars E. Map Filing Fee: $ 210.00 Two Hundred Ten and No/100 Dollars F. Development Maintenance Deposit: $ 310.00 Three Hundred Ten and No/100 Dollars G. Storm Drainage Fee: $ 748.00 Seven Hundred Forty Eight and No/100 Dollars H. One Year Power Cost: $ 36.00 Thirty Six and No/100 Dollars I. Street N/A J. Park Fees: $14,320.00 Fourteen Thousand Three Hundred Twenty and No/100 Dollars K. Water Main Extension Deposit: N/A 'AGREEMENT• RAINBOW DRIVE This AGREEMENT made and entered into this day of 24th.Day of February , 19 86 , by and between the CITY . OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY and Rainbow Court Associates hereinafter designated . as DEVELOPER , W I T N E S S E T H WHEREAS ; the DEVELOPER has made application to the CITY for a a parcel map and is securing a building permit from the CITY sto construct A SINGLE FAMILY DWELLING hereinafter referred to as "Project. " WHEREAS , CITY hereby approves the improvement plans and specifications prepared for the Project by WHALEY & ASSOCIATES ; a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS , the same are incorporated herein by reference, the same as though .set out in full ; now , , THEREFORE, said . improvement plans and specifications shall be hereinafter called the "Plans , " and the work to be done under the Plans shall be called the "Work . " WHEREAS ,. pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds , Fees , and Deposits as set •forth in the following schedule : WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amount of bond, fees and deposit as set forth in the following schedule. SCHEDULE OF BONDS, FEES AND DEPOSITS Part A. Faithful Performance Bond: $36,000.00 Thirty Six Thousand and No/100 Dollars Part B. Labor and Material Bond: $36,000.00 Thirty Six Thousand and No/100 Dollars Part C. Checking and Inspection Fee: $ 1,800.00 One Thousand Eight Hundred and No/100 Dollars Part D. Indirect City Expenses: $ 270.00 Two Hundred Seventy and No/100 Dollars Part E. Map Filing Fee: $ 210.00 Two Hundred Ten and No/100 Dollars Part F. Development Maintenance Deposit: $ 310.00 Three Hundred Ten and No/100 Dollars Part G. Storm Drainage Fee: $ 748.00 Seven Hundred Forty Eight and No/100 Dollars Part H. One Year Power Cost: $ 36.00 Thirty Six and No/100 Dollars Part I. Street Trees: N/A Part J. Park Fees: $14,320.00 Fourteen Thousand Three Hundred Twenty and No/100 Dollars Part K. Water Main Extension Deposit: N/A PAGE 2 • • NOW, THEREFORE,. IT IS HEREBY MUTUALLY AGREED by and between the • parties hereto as follows, TO WIT: _ 1. DEDICATION A. The DEVELOPER offers to dedicate the real property show on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except. those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: ( 1) A preliminary title report issued by a title insurance company relating to the property offered for dedication; said Preliminary Title Report shall be furnished by DEVELOPER. ( 2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done Page 3 • 1 • in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. ' In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed. excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 • • the DEVELOPER shall, in addition to said faithful performance, file with the CITY_a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier' s check, or a certified check payable to the order of the City of Cupertino or, 3 . A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. , incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . Page 5 • • 7A. MAP FILING FEE • It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking 'of final map and field checking of street monuments, in compliance with Section 4: 1. of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I) . 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9A. STORM DRAINAGE FEE It 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) . 9B. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within and adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 10 . ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 11. 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. Page 6 c • 12. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary • sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said Page 7 • • 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 Teltphone and Telegraph Company that said fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is 'provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 20 . HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and 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 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. Page 8 t . • • A. Each of said policies of insurance shall provide coverage in the following minimum • amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000 . B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. B. ' A mylar sepia and thirteen (13) prints of fully executed tract maps. C. A mylar sepia and eleven (11) prints of fully executed improvement plans. D. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for • improvement plans will be furnished within one month following the signing of the plans by the CITY. 23 . SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. Page 9 STATE OF CALIFORNIA - Isa.: ' COUNTY OF SANTA CLARA , On thin 24th day of February , 19 Rfi ,before me personally appeared LEONARD E. BULLIS ,to me known,who being by me duly sworn,did depose and say: that he resided in the CITY OF SAN ,T114P g? • E. that he is the PRESIDENT • of R1.TNN TERRACES. TNC. • 3 the corporation described in and which executed the foregoing instrument;that he knew the seal of said corporation;that the 3 seal affixed to said inatrumerit was such col-porate acid;that it was affixed by order of the Board of Directors of said carper- 3 anon,and that he signed his name thereto by like order. - _ OFFICIAL SEAL / NomryPu6lie iry SHIRtEY GONZALES ' NOTARY PUBLIC - CALIFORNIA ,.. SANTA CUM COUNTY . My comm. expires SEP 12, 1986 K • • • 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: 1 Ac City Attorney C '7"- C er : ,/ l Rainbow Court Associates !! DEVELOPER By; Blinn Terraces, Inc. naging General Partner . �T JL $y : Leonard, E. Bullis, President Notary Acknowledgement Required Y' . Ii { ' .pit.! 4)19 h ; .irti ' ri+'.jr. l r • , , • Page 10 I • • • Q I ". el d•V.;(1 ;tiz. c °` C'hJ of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino,California 95014 Cupertino,California 95015 • Telephone: (408 .)252.4505 �' s 1 t ' 4 • OFFICE OF THE CITY CLERK January 9,1986 Rainbow Court Associates c/o Warren Whaley 1885 the Alameda, Suite 130 San Jose, CA 95126 • IMPROVEMENT AGREEMENT We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Rainbow Court Associates, which has been fully executed by City Officials, along with one (1) copy of Resolution .. No. 6741, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, January 6, 1986. ! • Sincerely . DOROTHY CORNS S CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works •1 • RESOLUTION NO. 6741 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP IMPROVEMENT PLANS OF PROPERTY LOCATED ON RAINBOW DRIVE; DEVELOPER, RAINBOW COURT ASSOCIATES, AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located on Rainbow Drive by Rainbow Court Associates; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit) , fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all easements are hereby accepted. c. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of January , 1986 by the following vote: l6 Vote Markers of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ASSENT: None ABSTAIN: None APPROVED: /s/ Barbara A. Rogers Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk • RESOLUTION NO. 6741 EXHIBIT HAD SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single family Rainbow Court Associates LOCATION: Rainbow Drive A. Faithful Performance Bond: $15,000.00 Fifteen Thousand and no/100 Dollars B. Labor and Material Bond: $15,000.00 Fifteen Thousand and no/100 Dollars C. Checking and inspection Fee: $ 750.00 Seven Hundred Fifty and no/100 D. Indirect City Expenses: $ 113.00 One Hundred Thirteen and no/100 Dollars E. Development Maintenance Deposit: $ 325.00 Three Hundred Twenty-five and no/100 Dollars F. Storm Drainage Fee: $ 619.00 Six Hundred Nineteen and no/100 Dollars G. One Year Power Cost: $ 36.00 Thirty-six and no/100 Dollars H. Street Trees: By Developer I. Map Checking Fee: $ 210.00 Two Hundred Ten and no/100 Dollars J. Park Fee: $10,742.00 Ten Thousand Seven Hundred Forty-two and no/100 Dollars K. Water Main Extension Deposit N/A i ' • • GSC "J .* AGREEMENT• PROJECT ON RAINBOW DRIVE This AGREEMENT made and entered into this 6th day of January , 19 86 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY , and RAINBOW COURT ASSOCIATES heinafter designated as DEVELOPER. WITNESSETH WHEREAS , the DEVELOPER has made application to the CITY for a a parcel map and is securing a building permit from the CITY to construct and maintain a commercial development, hereinafter referred to as "Project. " WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by WHALEY AND ASSOCIATES ; a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though .set out in full ; now THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans, " and the work to be done under the Plans shall be called the "Work. " WHEREAS, pursuant to the provisions. of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule : Page 1 • • - SCHEDULE OF BONDS, FEES AND DEPOSITS • Street Improvement Category: N/A PART A . Faithful Performance Bond: $ 15,000.00 FIFTEEN THOUSAND AND NO/100 DOLLARS PART B . Labor and Material Bond: $ 15,000.00 FIFTEEN THOUSAND AND NO/100 DOLLARS PART C . Checking and Inspection Fee : $ 750.00 SEVEN HUNDRED FIFTY AND NO/100 DOLLARS PART D . Indirect City Expenses : $ 113.00 ONE HUNDRED THIRTEEN AND NO/100 DOLLARS PART E. Development Maintenance Deposit: $ 325.00 THREE HUNDRED TWENTY-FIVE AND NO/100 DOLLARS PART F . Storm Drainage Fee : $ 619.00 SIX HUNDRED NINETEEN 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: $ 210.00 TWO HUNDRED TEN AND NO/100 DOLLARS PART J . Park Fee : $ 10,742.00 TEN THOUSAND SEVEN HUNDRED FORTY-TWO AND NO/100 DOLLARS PART K. Water Main Extension Deposit : N/A Page 2 • / • NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real property show on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except, those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER' S sole cost and expense, to the City: ( 1) A preliminary title report issued by a title insurance company relating to the property offered for dedication; said Preliminary Title Report shall be furnished by DEVELOPER.. • ( 2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: • N/A, and which shall show said property free and clear of• all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER' S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done Page 3 • in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed. excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 • • the DEVELOPER shall, in addition to said faithful performance, file with the CITY_a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier' s check, or a certified check payable to the order of the City of Cupertino or, 3 . A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication • of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. , incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . Page 5 • 7A. MAP FILING FEE • It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking 'of ' final map and field checking of street monuments, in compliance with Section 4: 1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I) . 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9A. STORM DRAINAGE FEE It 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) . 9B. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within and adopted Water Master Plan. - The amount shown herein at Part K, Page 2, shall be the full amount due. 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 11. 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. Page 6 12. PARK FEES • It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is • required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary • sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 16 . CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said Page 7 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 Teltphone and Telegraph Company that said fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is 'provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that' in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 20 . HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and 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 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. Page 8 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, 0.00 on account of any one occurrence with an aggregate limit of not less than $200,000 . B. The DEVELOPER shall file with the City Engineer at or prior' to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer .at least ten (10 ) days advance notice thereof. C. In the event that the Project covered herein should be • mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. B. A mylar sepia and thirteen (13 ) prints of fully executed tract maps. C. A mylar sepia and eleven (11) prints of fully executed improvement plans. D. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. Page 9 STATE.OF CALIFORNIA COUNTY OF SANTA CLARA J 4 On an, 24th day of December . , 19 MS ,before me personally appeared ' Leonard E. Bullis ,to me known,who being by mo ' duly sworn,did depose and say: that he resided in the CITY'OF SAN JOSE S5 that he is the PRESIDENT of BLINN TERRACES. INC. the corporation described in and which executed the foregoing instrument;that he knew the seal of said corporation; that the seal affixed to said instrument was such colporate seal;that it was affixed by order of the Board of Directors of said corpor- w soon,and that he signed his name thereto by like order. - 'vA-�jJ�j� n ' t, OFFICIAL SEAL I // Notary Public [�1 a/ _,� ` SHIP_i EY GONZALES 1 r,r NOTARY PUBLIC - CALIFORNIA i '' SANTA CLARA COUNTY i , , • My comm. expires SEP. 12, 1986 '—_— ' V • ' 4 - • • • 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: 4A1 / { ,iAd2 • /406( City Attorney i er : - -cr RAINBOW COURT ASSOCIATES DEVELOPER By: Blinn Terraces, Inc. (General•Phrtner) BY: Leonard E. Bullis, President Notary Acknowledgement Required • Page 10 l • STATE OF CALIFORNIA ) • • COUNTY OF SANTA CLAR)ASS. • ,' On this 13thday of MAY , 1986 , before me the undersigned, a Notary :Public in and for said County and State, personally appeared G . A. VAN BUSKIRK 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 Capital Bond and Insurance Company and who being by me duly sworn, did depose and say that he/she is Attorney-in-Fact of Capital Bond and Insurance Company, the Corpor- - ation 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 Capital Bond and Insurance Company as Surety and his/her own name as Attorney-in-Fact. OFFICIAL SEAL • a",a 0, SHIRLEY GONZALES , a��Le-�Cci „rCLa� ..a�:r NOTARY PUBLIC-CALIFORNIA tt+ SANTACIARA=NW (Notary Pulflic) My comm. expires SEP 121486• CORPORATE ACKNOWLEDGMENT NO.202 State of CALIFORNIA On this the 14 day of MAY tg 86, before me, ' } S5. 0 County of SANTA CT,ARA G .A _VAN BUSKIRK o the undersigned Notary Public, personally appeared ti N,..a..,, LEONARD E . BULLIS 0 �` GA VAN BUSKIRK • W44, �-- NOTARY PUBLIC-CALIFORNIA x ®Xpersonally known to me ti r�' SANTA CLARA COUNTY . 0 proved to me on the basis of satisfactory evidence ti . a s11, .x:: My Commi.^.tlon Exp.Aut..23,1007 a to be the person(s)who executed the within instrument as e .. z. - y ny. ,pµ.p "q .. . . . •dta PRESIDENT or on behalf of the corporation therein ti named,and knowledged to me that the corporation executed it. WITNES hand and o ficial s I. l Q0 Notary's Signature ii s7 nen,m ...__.... ..__._............._..... _ _ o.. o....ene ur,.,.nm.,a uai� r•e or aaa.naoc • 1 ANNUAL PREMIUM $ 1 , 080 . 00 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND BOND NO 003311 I (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE, RAINBOW COURT ASSOCIATES as Principal and CAPITAL BOND AND 1NSURANI.r. COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of THIRTY SIX THOUSAND AND NO/ 100 Dollars ($ 36 . 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 RAINBOWIDRIVE located SOUTH SIDE OF RAINBOW DRIVE , CUPERTINO , CALIFORNIA in accordance with the approved improvement plans prepared by _ WHALEY & ASSOICIATEs Civil Engineer on file in the Engineer's Office, City of Cupertino, and incorporated herein by reference. WHEREAS, improvements shall be completed within one (1) year from the date of acceptance of this bond by the City Council. WHEREAS, improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City. This bond shall be in full force and effect through the period of maintenance as provided in said contract. The maintenance period shall continue untillsuch time that all deficiencies of construction are corrected to the satisfaction of the City Engineer's Office. WHEREAS, Principal and1Surety shall be responsible for any and all damages arising , under the original contract! NOW, THEREFORE, if thelsaid 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. • i IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 13th day of i MAY • 1986 I RAAINBOW COURT ASSOCIATES (To be signed by . I ' BY : w � �F 14%-11.1. Principal and Surety. Pri ci a ND INSU NCE C PA Notary Acknowledgments CAPTL� AN required.) • BY : 47 Surety G .A. VAN BUSKIRK ATTORNEY-IN-FACT By: ! Attorney-in-Fact The above bond is' accepted and approved this day of 19 6/17/85 ' 1• • 1 , I LABOR AND MATERIAL BOND (Subdivision Improvements) BOND NO 003311 KNOW ALL MEN BY THESE PRESENT: I 1 WHEREAS, the- City of Cupertino State of California, and ; • RAINBOW COURT ASSOCIATES , hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein b'y reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing 'that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and CAPITAL BOND AND INSURANCE COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons,' companies, or corporations furnishing materials, , provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim hats not been paid by Principal or by any other person,; in the just and full sum if THIRTY SIX THOUSAND AND NO/ 100 ($ 36 . 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 anylmaterials, 'provisions, provender or other supplies 1 or teams used in, upon, for or about the performance of the work contracted to • be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with 'respect to such work or labor, or any and, all damages arising' under the original- contract, then said Surety' will pay the same and' also will pay in case suit is• brought upon this bond, such reasonable attorney's fee as shall be fixed by ,the court. • This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought 'upon this bond. • . I • 1 i STATE OF CALIFORNIA ) • COUNTY OF SANTACCLAR)ASS. On this l3thday of MAY , 1986 , before me the undersigned, a Notary Public in and for said County and State, personally appeared G. A. VAN BUSKIRK , 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 Capital Bond and Insurance Company and who being by me duly sworn, did depose and say that he/she is Attorney-in-Fact of Capital Bond and Insurance Company, the Corpor- ation described in and which executed the foregoing instrument; that he/she knows the Jseal of said Corporatlon;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 Capital Bond and Insurance Company as Surety and his/her own name as Attorney-in-Fact. *'+, OFFICIAL SEAL 32470�2o_l ' liiitr '• S IIRLEY GONZALES .( tY I�F� f 1: �,. NOTARIPUBLIC-CALIFORNIA (Notary • blic) t SANTA CLARA COUNT' .tee 11 ios- My emn� ..- ace .e CORPORATE ACKNOWLEDGMENT NO.202 I1 State of r AT.TFORNTA On this the lAtb day of MAY 19 86,before me, SS. 0 \ County of SANTA CLARA G .A.VAN BUSKIRK 0 h' the undersigned Notary Public,personally appeared ti 0 SLEONARD E . BULLIS o . ,, G.A.VAN BUSKIRK Sdxpersonally known tome ti S f7,l NOTARY PURLIC•CAUFORNIA , 0 proved to me on the basis of satisfactory evidence ti • `. SANTA CLARA COUNTY 1,.1 IN to be the persons)who executed the within instrument as t..-9-c1) :. •: / wrCommission Exp.aup.7J'1887 ' or on behalf of the corporation therein . named,and acknowledged tome that the corporation executed it. WITNES y hand and of ' la(sea l S .S Notary's Signature 0 : ' Labor and Material Bondi Page 2 And the said Surety,' for value received, hereby stipulates, and agrees I . . 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 I 'irhday of MAY , 19 86 • RAINBOW COURT ASSOCIATES (To be signed by Principal Principal and Surety. Notary CAPIT: D kD SU' : 'L'E COI• ' NY/ acknowledgments required.) - L t _ ti S ety G.A.VAN BUSKIRK ATTORNEY-IN-FACT By: Attorney-in-Fact ' The above bond is accepted and approved this day ,of , 19 I' • ' I 6/17/85 CAPITAL BOND AND INSURANCE COMPANY * 003311 GENERAL POWER OF ATTORNEY HOME OFFICE - RIVERSIDE KNOW ALL MEN BY THESE PRESENTS, that CAPITAL BOND AND INSURANCE CO., a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the City of Riverside, California, pursuant to the By-Laws which were adopted by the Directors of the said Company and are now in effect, which state that: "The Company President shall have power and aurhority to appoint Attorneys-In-Fact, . and authorize them to execute on behalf of the Company, bonds and undertakings, contracts of indemnity, and other writings 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, subject to provisions and limitations herein set forth G .A.VAN BUSKIRK of -AN JOSE , CALIFORNIA its true and lawful agent and attorney-in-fact to make, execute, seal and deliver as surety, and as its act and deed, bonds and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof. The authority of such Attorney-In-Fact is not to exceed ON ANY ONE RISK FIFTY THOUSAND AND NO/ 100 Dollars ( $5_0, 000 00) And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. IN WITNESS WHEREOF, CAPITAL BOND AND INSURANCE CO., has caused these presents to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this 11th day of —MAY 19 86 CAPITAL BOND AND I SURANCE CO., By STATE OF CALIFORNIA 2Sldent�- COUNTY OF RIVERSIDE ON this 13thday of MAY A.D. 19 86 , before the subscriber,a Notary Public of the State of California, in and for the County of Riverside, duly commissioned and qualified, came Tony Jimenez, Jr., President of CAPITAL BOND AND INSURANCE CO., to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledges the execution of the same and being by me duly sworn, deposed & said that he is the officer of said Company, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company & said Corporate seal & his Signature as officer were duly affixed & subscribed to the said instrument by the authority & direction of said Corporation, & that the By-Laws of said Company, referred to in the preceding instrument are now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of Riverside, the day and year first above written. *************************** OFFICIAL SEAL * en GEORGE E. SPRENG /, /� * *11 ' NOTARY PUBLIC—CALIFORNIAD * C`J * D'' NOTARY BOND FILED IN w * RIVERSIDE COUNTY * My Commission Expires October 18,1988 * otary Publ t*************************t