86-112 The William Day Company, Inc., Improvement Agreement Tract 7842 Regnart Rd at Bubb •
Citi of Cupertino
.- 10300 Torre Avenue P0 Box 580
Cupertino,.California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
• , •
March 17, 1986 •
The William Day Company, Inc.
1314 Lincoln Avenue, Suite B
San Jose CA ' 95125 ‘•
' • IMPROVEMENT AGREEMENT . •
•
We are enclosing to you for your files and information one (1) copy
which has been fully executed by City Officials, of the Agreement by
and between the City .of Cupertino and The William Day Company, along
with .one (1) copy of Resolution No. 6778.
. .
• `
•
Since -
A • o tot&e-gepo
DOROT' CORNEL US
CITY CLERK
CITY OF CUPERTINO
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DC/so
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TRACT 7842
• TRACT A G R E E M E N T
• REGNART ROAD @ BUBB ROAD
This AGREEMENT, made and entered into this 3rd day
of MARCH , 19 86 by and between the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter designated as CITY, and THE WILLIAM DAY COMPANY, INC.
, hereinafter designated as DEVELOPER.
WITNESSETH•
WHEREAS, said DEVELOPER desires to subdivide certain land
within the City of Cupertino in accordance with the map heretofore
filed with the City Council of the City of Cupertino, marked and
designated as TRACT 7842 (REGNART ROAD @ BUBB ROAD)
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 MACKAY & SOMPS
a true copy of whichimprovement 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
•
WHEEEAS, 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: $152,000.00
ONE HUNDRED FIFTY TWO THOUSAND AND NO/100 DOLLARS
PART B. Labor and Material Bond: • $152,000.00
ONE HUNDRED FIFTY TWO THOUSAND AND N0/100 DOLLARS
PART C. Checking and Inspection Fee: $ 9,120.00
NINE THOUSAND ONE HUNDRED TWENTY AND NO/100 DOLLARS
PART D. Indirect City Expenses: $ 1,368.00
ONE THOUSAND THREE HUNDRED SIXTY EIGHT AND NO/100 DOLLARS
PART E. Map Filing Fee $ 118.00
ONE HUNDRED EIGHTEEN AND NO/100 DOLLARS
PART F. Development Maintenance Deposit: $ 385.00
THREE HUNDRED EIGHTY FIVE AND NO/100 DOLLARS
PART G. Storm Drainage Fee: $ 2,722.00
TWO THOUSAND SEVEN HUNDRED TWENTY TWO AND NO/100 DOLLARS
PART H . One Year Power Cost: $ 72.00
SEVENTY TWO AND NO/100 DOLLARS
PART I . Street Trees: BY DEVELOPER
PART J . Park Fee: ZONE $ 37,720.00
THIRTY SEVEN THOUSAND SEVEN 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. 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 shalt be done in accordance with the existing
ordinances and resolutions of the City of Cupertino, and in
accordance with all plans, specifications, standards, sizes, lines
and grades approved by the City Engineer. The Work shall be done in
accordance with all State and County Statutes applicable thereto.
The decision of the City Engineer shall be final as to whether any
material or workmanship meets the standards, specifications, plans,
sizes, lines and grades as set forth.
C. It is further agreed • that the Work shall be done in
accordance with the most current Standard Specifications of the
Department of Public Works, California Department of
Transportation, State of California, and in accordance with the
specifications of the Cupertino Sanitary District where
applicable. Wherever the words "State' or "California Division of
Highways" are mentioned in the State Specifications, it shall be
considered as referring to the CITY of Cupertino; also wherever the
"Director" or "Director of Public Works" is mentioned, it shall be '
considered as referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, .
the specifications of the CITY and/or the Cupertino Sanitary
District shall take precedence over and be used in lieu of such
conflicting portions.
2. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with
Section Three of Ordinance No. 130 of the CITY by obtaining an
excavation permit from the City Engineer before the commencement of
any excavation in, on, or under the surface of any existing public
street, lane, alley, sidewalk, ' or other public place. It is
further agreed that the DEVELOPER shall notify the City Engineer of
the exact date and time when _the proposed excavation is to
commence.
Page 3
•
• 3. QUITCLAIM DEED
•
It is further agreed that the DEVELOPER, when requested by the
CITY, shall quitclaim all his rights and interests in, and shall
grant to CITY authorization to extract water from the underground
strata laying beneath said project and DEVELOPER agrees to execute
a "Quitclaim Deed and Authorization" in favor of CITY, when
presented to him for signature.
4. BONDS AND OTHER SECURITY
A. Upon the execution of this AGREEMENT, the DEVELOPER shall
file with the CITY a faithful performance bond to assure his full
and faithful performance of this AGREEMENT. The penal sum of said
faithful performance bond shall be the full cost of any payment to
be made under this AGREEMENT, the value of any land agreed to be
dedicated, and any improvements to be made under this AGREEMENT.
In the ' event that improvements are to be made under this
AGREEMENT, the DEVELOPER shall, in addition to said faithful
performance, file with the CITY a labor and materials bond in a
penal sum adequate to assure full payment of all labor and
materials required to construct said improvements. The amount of
said bonds shall be as designated by the City Engineer. Said bonds
shall be executed by a surety company authorized to transact a
surety business in the State of California and must be approved by
the City Attorney as to form and by the City Engineer as to
sufficiency. In the event that the DEVELOPER shall fail faithfully
to perform the covenants and conditions of this AGREEMENT, or to
make any payment, or any dedication of land, or any improvements
herein required, the CITY shall call on the surety to perform this
AGREEMENT or otherwise indemnify the CITY for the DEVELOPER' S
failure to so do.
B. In lieu of a surety bond, the DEVELOPER may elect to
secure this AGREEMENT by depositing with the CITY:
1. Cash; or,
2. A cashier' s check, or a certified check payable to
the order of the City of Cupertino or,
3. A certificate of deposit, or instrument of credit
meeting' the requirements of Government Code Section
66499 (b) or (c) .
C. The amount of said cash, checks, certificate of deposit,
or instrument of credit shall be as designated by the City
Engineer, and shall be the equivalent to that which would have
been required had the DEVELOPER furnished the CITY with a surety
bond. In the event that the DEVELOPER shall fail faithfully to
perform the covenants and conditions of this AGREEMENT, or to make
any payment, or any dedication of land, or any improvements herein
required, the CITY may apply the proceeds of said security
thereto.
D. No release of surety bond, cash deposit, check, or
certificate of deposit, shall be made except upon approval of the
City Council.
E. No interest shall be paid on any security deposited with
the CITY.
Page 4 •
' 5. ' CHECKING AND INSPECTION FEE
. It is further agreed that DEVELOPER 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 E) .
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 F) as a development maintenance deposit to insure
proper dust control and cleaning during the construction period.
The development maintenance deposit may be utilized for repairs of
defects and imperfections arising out of or due to faulty
workmanship and/or materials appearing in said work during the
period until release of the improvement bonds by the CITY. Should •
the DEVELOPER complete the required repairs to the entire
satisfaction of the CITY, the unused balance will be returned
- after the release of the improvement bonds.
9. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the
CITY, prior to execution of this AGREEMENT, a storm drainage
charge in connection with said Project in accordance with the
requirements established in Resolution 4422, March 21, 1977, in
the amount as set forth herein at Page 2 (Part G) .
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. ' PARR 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. '
12.a. PARK FEE ADJUSTMENT PROVISIONS
The value of the land used in establishing the "Park Fee" outlined herein on Page- 2,
Part 3, requires formal confirmation. The City will employ a qualified local
appraiser to provide a market value of the land. The City will calculate the "Park
Fee" based on the appraisal. The Developer agrees to pay for any deficiency within
thirty (30) days and the City agrees to refund overage within thirty (30) days.
Adjustments shall be made prior to acceptance of the subdivision improvements.
13. MAINTENANCE OF WORK •
It is further agreed that the DEVELOPER shall maintain the
Work: A. For a period of one (1) year after acceptance of the
Work by the City Council of the City of Cupertino, or B. Until
all deficiencies in the Work are corrected to conform to the Plans
and the CITY standards and specifications for the Work, whichever
is the later to occur. The DEVELOPER shall, upon written notice
thereof, immediately repair or replace, without cost or obligation
to the City of Cupertino, and to the entire satisfaction of said
CITY, all defects and imperfections arising out of or due to
faulty workmanship and/or materials appearing in said Work.
14. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY,
upon execution of this AGREEMENT, -a letter from the Cupertino
Sanitary District stating that the DEVELOPER has entered into a
separate AGREEMENT with ' the said District to install sanitary
sewers to serve all lots within said Project and stating that a •
bond to insure full and faithful performance of the construction
of the said sanitary sewers and to insure maintenance of said
sanitary sewer in conformance with the provisions as set forth in
Paragraph 13 above has been filed.
15. BUSINESS AND PROFESSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all .
provisions of Section 11603, Article 8, Chapter 4 of the Business
and Professions Code, pertaining to special assessments of bonds,
have been complied with.
PAGE 6
• 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.
•
•
17. STREET LIGHTING - P. G. and E. RATE SCHEDULE SHALL APPLY
It is further agreed that the DEVELOPER shall apply for the
installation of electric power for street lighting at the earliest
date possible.
18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH
It is further agreed that the DEVELOPER shall pay to. Pacific
Gas and Electric Company and/or to Pacific Telephone and Telegraph
Company any and all fees required for installation of overhead
and/or underground wiring circuits to all electroliers within said •
property and any and all fees required for undergrounding as
provided in Ordinance No. 331 of CITY when DEVELOPER is notified
by either the City Engineer or the Pacific Gas and Electric
Company and/or Pacific Telephone and Telegraph Company that said
fees are due and payable.
•
19. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way
necessary for completion of the Project shall be acquired by the
DEVELOPER at his own cost and expense. It. is provided, however, •
that in the event eminent domain proceedings are required by the
CITY for the purpose of securing said easement and right-of-way,
that the DEVELOPER shall deposit with CITY a sum covering the
reasonable market value of the land proposed to be taken and to be
included in said sum shall be a reasonable allowance for severance
damages, if any. It is further provided that in addition thereto,
such sums as may be required , for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts
as the CITY may require shall be deposited with the City of
Cupertino.
20 . HOLD HARMLESS
It is further agreed that, commencing with the performance of
the Work by the DEVELOPER or his contractor and continuing until
the completion of the maintenance of the Work as provided in
Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless
and defend the CITY from and against any or all loss, cost,
expense, damage or liability, or' claim thereof, occasioned by or
in any way whatsoever arising out of the performance or
nonperformance of the Work or the negligence or willful misconduct
of the DEVELOPER or the DEVELOPER' S agents, employees and
independent contractors.
PAGE 7
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.
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 tothe 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.
J
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 R, Page 3, shall be the full
amount due.
PAGE 8
STATE OF CALIFORNIA
State of California
County of Santa Clara , } ss.
On this 18th day of Feb. ,in the year 19B.6 before me,
Linda S twjdridge ,a Notary Public in and for the fiaid
County of Sr ,State of California,
personally appeared WilliA111...u..D.aY ,
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person who
executed the within instrument as President (araeerstery)or on behalf of the corporation therein
• ed and acknowledged to me that the corporation executed it.
OFFICIAL SEAL IN WITNESS WHEREOF I have hereunto set my hand and affixed my Offical Seal in the
400ft UNDASTANDRIME
asuta. Clara County of the State of California the day and.
' l
NOUN PUBLIC•MIMI
SANTA CLARA COUNTY year in this certificate first above written
... rMr commmion etym./use 2.Ifill e
••• iiing51(3190‘t ••••• •••••••... Notary Public in and for the Santa Clara County of the
State of California.
(Acknowledgement—Corporation). ....pria„..„,„56.6,*...
FORM 030-4302 Notry Public's Signature
• 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.
C. A mylar sepia and eleven (11) prints of fully executed'
improvement plans.
D. A direct duplicating ' silver negative microfilm aperature
card of all executed improvement plans and maps.
It is agreed that the sepia, prints and microfilm of maps will
be .furnished within one month following recordation at the County
of Santa Clara.
It is also agreed that the sepia, prints and microfilm for
improvement plans will be furnished within one month following the
signing of the plans by the CITY.
24. TERMS AND CONDITIONS
It is further agreed that the above named terms and conditions
for the said Tract shall bind the heirs, successors,
administrators or assigns of the DEVELOPER. The assignment of this
AGREEMENT shall not be made without approval by the City Council
of said CITY.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto
affixed by its Mayor and City Clerk, thereunto duly authorized by
resolution of the City Council and said DEVELOPER has hereunto
caused his name to be affixed the day and year first above
written.
CITY OF CUPERTINO
4?Approved as to form: _t /MO a ti
we r:
ao't A orn-y y er. : r
-
/V#
•
Notary Acknowledgment Required. "v /`� �`5 -
By:
Page 9
STATE OF CALIFORNIA
State of,.....G.aliforpia
County of Z.auta...Cia'X•A ' } SS.
On this 25.th day of Feb ,in the year 198.6 ,before me,
Linda...Standridge. ,a Notary Public in and for the said
County of San.t.a..Glara ,State of California,
personally appeared Will iam...Day
personally known to me(or proved tome on the basis of satisfactory evidence)to be the person who
, executed the within instrument as President (aiineairinci )ciM on behalf of the corporation therein
named and acknowledged to me that the corporation executed it.
......v...... .. ...... ".... IN WITNESS WHEREOF I have hereunto set my hand and affixed my Offical Seal in the
e yR
OFFICIAL S l:G L , Santa...Clara County of the State of California the day and
%, LINDA STANDRIDGE year in this certificate first above written
i
'r v NOTARY PUBLIC•CAL40aNIA i
SANTA CIARA COUNTY �
�.'t My cemAnssion erPun lune 2,1989 i
.. . +cX .<... ""'N." Notary Public in and for the Santa C Lara County of the
State of California.
thinebuicisr
(Acknowledgement—Corporation). • 4 •••
FORM 030-4302 Not&ry Public's Signature
C; CORPORATION
DICO
STATE OF CALIFORNIA
COUNTY CONTRA COSTA }ss.
FEBRUARY 24s 1986
On ,before me,the undersigned,a Notary Public in and for said State,
W
W personally appeared SHEILASTFVENS _ ,
personally known to me (or proved to me on the basis of satisfactory
..W evidence)to be the person who executed the within instrument as Attorney-
.a in-Fact on behalf of Developers Insurance Company,the corporation thereinZ.
moon[notonuOtaa000000tnauououoennuaoonuuae
ti named,and acknowledged to me that the corporation executed it. a y,.�,�', 0FFICIAL SEAL
WITNESS my hand and official seal, n tsi GAIL E• WIGGINS
' ,e NOTARY PUBLIClGeALIFORNIA
+t'r COUNTY OF SAN MATED e
II ® My Commission ExpiresNov.5,1986
Signature ,aQ.C.Nee 1
DIC 304(REV.2/85) This area for Official Notarial Seal
_ BOND.NO, 903940 S
•
ANNUAL PREMIUM $ 3,040.00
•
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
- (Subdivision Improvements) •
•
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, THE WILLIAM DAY COMPANY INC.
as Principal and DEVELUPEKS INSURANLE LUMYANY
as Surety are held and firmly bound unto the City of Cupertino, State of California, in -
the sum of ONE HUNDRED FIFTY TWO THOUSAND AND NO/100 DOLLARS
Dollars (S 752.00 0 )
lawful money of the United States, for the payment of which will and truly to be made,
we bind ourselves, our heirs, executors, successors, and assigns, jointly and severally,
firmly by these presents. • -
THE CONDITION of the foregoing obligation is such that,
WHEREAS, said Principal will perform all necessary improvements relative to
TRACT 7842
located REGNART RD @ BUBB RD.
in accordance with the approved improvement plans prepared by
MACKAY & SOMPS 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 until such time that all deficiencies of construction are corrected
to the satisfaction of the City Engineer's Office. .
WHEREAS, Principal and Surety shall be responsible for any and all damages arising
under the original contract.
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 WITNE$LS4 igIEREOF, this instrument has been duly executed by the Principal and
Surety this 44 day of FEBRUARY , 1986
N THE WILLIAMB DAY COjR�-INC
BY:
(To be signed by �L/� - 'Gf/ //<./ _
Principal and Surety. Principal
Notary Acknowledgments •
required..) DEVELOPERS INSURANCE COMPANY
'
Surety
84
By:. .1 __ ISjJ////flan
• ttorney-in--act SHEILA STEVENS
The above bond is accepted and approved this 24TH day of FEBRUARY
1986 .
•
•
6/17/85 •
•
•
r u BOND NO. 903940 S
PREMIUM INCLUDED IN
4 TRACT 7842 PERFORMANCE BOND
LABOR AND MATERIAL BOND
(Subdivision Improvements)
•
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
THE WILLIAM DAY COMPANY INC.
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 by 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 DEVELOPERS 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 has not been paid by Principal or by any other person,
in the just and full sum of ONE HUNDRED FIFTY TWO THOUSAND AND NO/100 DOLLARS
($ 152,000.00 ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
• be done, or for any work or labor thereon of any kind, or for amounts due under
the 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.
STATE OF CALIFORNIA
State of California
County of Santa.--Ci-iXn Ss.
• On this 25th day of Eeh, in the year 198.6 before me,
Lingla-..Standrzclgg a Notary Public in and for the _flat! ..Said
County of Saiita,,.Clara ,State of California,
personally appeared William...Day
personally known to me(or proved to me on the basis of satisfactory evidence),to be the person who
e executed the within instrument as President owsearrmxw)c1x on behalf of the corporation therein
`�` " `„""\ ""named and acknowledged to me that the corporation executed it.
OFFICIAL s¢AL '• IN WITNESS WHEREOF I have hereunto set my hand and affixed my Offical Seal in the
Its LINDA STANDRIDGE Santa C,l ar? County of the State of California the day and
i - NOTARY PUBLIC.CALIFORNIA i year in this certificate first above written
i ° SANTA CLARA COUNTY '
M =mach machespres Jun,2,1999 i
".. ILICSMOCIMMIS •,... . .•.....v Notary Public in and for the Santa Clara County of the
State of California.
(Acknowledgement—Corporation). --•4 --
FORM 030-4302 Notary Public's Signature
CORPORATION
STATE OF CALIFORNIA
COUNTYF CONTRA COSTA ss.
OnEBRUARY 24, 1986 ,before me,the undersigned,a Notary Public in and for said State,
W
x SHEILA STEVENS
cva personally appeared _ ,
personally known to me (or proved to me on the basis of satisfactory
cfyr evidence)to be the person who executed the within instrument as Attorney-
kJ
aA4 in-Fact on behalf of Developers Insurance Company,the corporation therein
named,and acknowledged to me that the corporation executed it. ■
y WITNESS my hand and official seal. C ,,&,..-3-2,‘ OFFICIAL SEAL
r. GAIL L. HIGGINS
ra.ti; 1 NOTARY PUBLIC-CALIFORNIA
CALIFORNIA
'-R/ COUNTY OF SAN MATEO
AlleaLelL/° 24-7.-:74:71---d--)
��/i�, •_ . '' , , r. My Commission Expires Nov.5,1986 e
Signature C o Y(/74:71--tom
DIC 304(REV.2/85) This area for ficial Norarfar Seal
1
Labor and Material Bond Page 2
y .
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration of 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 of to the work or to the speci-
fications.
•
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this24TH day of FEBRUARY , 1986
•
THE WILLIAM DAY COMP INC
BY: --AS?
(To be signed by Principal Principal
• and Surety. Notary
acknowledgments required.) DEVELOPERS INSURANCE COMPANY
Surety
By:\ !/, ,c� ._I/.I/,_
Attorney-in-F- t �' ' `S
i
The above bond is accepted and approved this 24TH day of
FEBRUARY , 19 86 .
•
6/17/85
IN
POWER OF ATTORNEY V �'U 1 4�.b
DEVELOPERS INSURANCE COMPANY
P.O. Box 3343, Anaheim, Calif.. 92803
EXPIRATION DATE: December 31, 1986
KNOW ALL MEN BY THESE PRESENTS:That DEVELOPERS''INSURANCE COMPANY,A corporation,duly organized and existing under the laws of the
th r State of California,and having its Home Office m the City of Anaheim,California,:does hereby make,constitute and appoint
SHEILA STEVENS'
its true and lawful Attorney(s)-in-Fact,to make;execute,Seal'and:deliver for and on its behalf as surety,any and all bonds or undertakings in an amount not
exceeding SI,500,000 in any single undertaking in accordance with its charter and to bind the corporation thereby as fully and to the same extent as if such bonds
were signedby the President, sealed with the corporate seal of the icorpomtionand duly attested by its Secretary, hereby ratifying and confirming the acts of
Attorney(s)=in-Fact may do to these presents.
•
This power of Attorney does not cover the following::
Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial
institutions,lease bonds, insurance company qualifying bonds, warehouse bonds, self-insurer's bonds, fidelity bonds, bail bonds:wage law bonds, and
fiduciary bonds:
This powerOfis granted pursuant to Article IV„Section II and 12 of By-laws of DEVELOPERS:INSURANCE COMPANY adopted on the thirtieth
of March,:1979,end'now in full force and effect.
Article IV. Appointment and Authority of Resident Assistant Secretaries;and Attorney-in-Fact and agentsto accept Legal Process and Make Appearances.
Section II. The Chairman of the Board,the President,any Vice President,any Secretary or any Treasurer may appoint attorneys-in-factor agents with
power-and authority„as'detined or limited to theirrespective power of attorney,for and on behalfiof the corporation to execute and deliver,and affix the seal
of the corporation thereto,bonds;undertakings,rccognizances,:consents of surety or other written obligations in the nature thereof and any of said officers
mayremove such attorney-in-fact or agent and revoke the power and authority given to,him.,
Section 12. Any bond, undertaking, recognizance, consent of surety or written obligation:in the nature thereof shall be valid and;binding,upon,the
corporation when signed by the Chairmanmf the Board,the President,any Vice President or any Treasurer-.and,duly attestedand sealed,if a,seal is required,
by any Secretary or when signed by the Chairman of the Board,the President,any'Vice President or any Treasurer and countersigned and sealed,if a seal'is
required,,by a duly authorized attorney-in-fact or agent and any such bond,;undertaking,recognizance;consent of surety or written obligation in thenature
thereof shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required by one or more attorneys-in-fact or agents
pursuant to and withinthe limits of the authority granted by his or their powers of attorney.
This;power of attorney is signed and sealed under and':by authority'of':the following Resolution;adopted by the Board of Directors of DEVELOPERS INSURANCE
COMPANY at'a meeting duty called and held on,the third day of August, 1981 and that said Resolution has not been amended or repealed:
"RESOLVED,that the,signature of any Vice-President or Assistant Secretary of this corporation;may be affixed Or printed,on any power of attorney,on any
revocation;of any power of attorney,or certificate bearing such facsimile signature but shall not he valid and binding upon the corporation,unless the seal of the
corporation:is affixed onisuch power of attorney,revocatiomof any power,of attorney,.or certifieatebeartng.a facsimile signature:”
NOTICE:I. This Power void unless corporate seal perforates power next to signatures.
2. This Power void if altered or erased.
3. Power of attorney shouldnot be returned to Attorney-in-Fact,but should remain a permanent part of theobligee%records.
4: This Power is void unless the seal isreadable,text is in brown ink,signatures are in blue ink,and notice is in red ink.
IN WITNESS WHEREOF,DEVELOPERS INSURANCE COMPANY has caused these presents tobe signed by its Secretary, and its,corporate seal to be
hereunto affixed this fifthday Of December,1984.
_ _ .
DEVELOPERS INSURANCE COMPANY
STATE OF CALIFORNIA BY
COUNTY OF LOS ANGELES ss. Paul E.Griffin,Jr.,Secretor r
On this fifth,day of December, 1984. before me personally came Paul E Griffin,Jr:,to ime known who beingby me duly sworn did depose and say: that he is
Secretary of DEVELOPERS INSURANCE COMPANY, the'corporation described in and which executed the above instrument, that lie knows the seal of said
corporation;'that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporatibn and that
he signed his name thereto by like order.
4 OFFICPAI SE.
°, I°, MARY P-CAM sit G 47 C
G S'c •• NOTARY pu6uC`-CAUFpRNl9
L05 AfiGE[ES COBIi1Y
. My comm:,tixpiles cE 2lli.1485!
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
I the undersigned Vice-President of DEVELOPERS''INSURANCE.COMPANY,a California corporation,DO HEREBY CERTIFY that the.foregoingand attached
POWER OF ATTORNEY remains in.full force and has not been revoked,and furthermore that Article IV,Sections 11 and l2 rof the By-laws of the corporation;
and,the Resolution of the Board of Directors,set forth iwrthe power ofattorney,.are:. m Force:
Signed'and sealed i at Anaheim,California',this'24TH day of FEBRUARY 19'$6
-
ThomasiH.Tyrell,it.Executi ry ice President
'0 DEVELOPERS.INSURANCEICOMPANY,.,1985.
WARNING!This is a copyrighted document.Any unauthorized reproduction is prohibited. All Rights Reserved.
FORM DI'0011,0/8