86-120 Larry Guy, Improvement Agreements w
LI
'f '' Citij of Cupertino
10300 Torre Avenue P.O. Box 580 .
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
January 25, 1990
Attention: Larry Guy
Landmark Property
21060 Homestead Road
Cupertino, CA 95014
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Tarry Guy, which has been fully
executed by City Officials, along with one (1) copy of Resolution No. 8016
which was enacted by the City Council of the City of Cupertino, at their
regular resting of Monday, January 16, 1990.
Sincerely,
elf•
DD1 YTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
enol.
cc: Department of Public Works
RESOLUTION NO. 8016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTIN0
APPROVING THE FINAL MAP AND IMPROVEMENT PIANS OF TRACT NO. 8249,
LOCATED GARDEN LANE NORTH OF RAINBOW DRIVE, DEVELOPER LANDMARK
PROPERTY, A CALIFORNIA CORPORATION, ACCEPTING CERTAIN EASEMENTS;
AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING
THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval and
for authorization to record final map of Tract No. 8249 located on Garden
Lane north of Rainbow Drive, showing certain avenues, drives, places, and
roads by Landmark Property, a California Corporation; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, and gutters, and for
other improvements, and good and sufficient bonds, fees, and deposits as
set forth in Exhibit "A" having been presented for the faithful
performance of said work and the carrying out of said agreement; and said
map, agreenent, and bonds having been approved by the City Attorney; '
NOW, 'IIS, BE IT RESOLVED THAT
a. Said final map and improvement plans of Tract No. 8249, be and
the sane is hereby approved.
b. The offer of dedication for roadway and for easements is hereby
accepted.
c. The City Engineer arra the City Clerk are hereby authorized to
sign said final nap.
d. The City Engineer is hereby authorized to sign the improvement
plans.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPEED at a regular meeting of the City Council of the
City of Cupertino this 16th day of January , 1990, by the
following vote:
•
RESOLUTION NO. 8016 `
Vote Members of the City Council
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None •
ABSENT: None
ABSTAIN: None
ATTEST: AppROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino
RESOLUTION NO. 8016
E<HIBTT "An
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: TRACT NO. 8249
• LANDMARK PROPERTY, A CALIFORNIA CORPORATION
LOCATION: GARDEN LANE NORTH OF RAINBOW DRIVE
A. Faithful Performance Bond: $438,000.00
* 1. Offsite Improvements $ 33,000.00
2. Onsite Improvements $324,000.00
3. Recreation Facilities
and Landscaping $ 81,000.00
FOUR HUNDRED THIRTY EIGHT 'THOUSAND AND 00/00 DOLLARS
B. Labor and Material Bond: $438,000.00
* 1. Offsite Improvements $ 33,000.00
2. Onsite Improvements $324,000.00
3. Recreation Facilities
and Landscaping $ 81,000.00
FOUR HUNDRED THIRTY EIGHT THOUSAND AND 00/00 DOLLARS
C. Checking and Inspection Fee: $ 21,420.00
1. Offsite Improvements $ 1,980.00
2. Onsite Improvements $ 19,440.00
TWENTY ONE THOUSAND FOUR HUNDRED TWENTY AND 00/00 DOLLARS
D. Indirect City Expenses: $ 3,213.00
1. Offsite Improvements $ 297.00
2. Onsite Improvements $ 2,916.00
THREE THOUSAND TWO HUNDRED THIRTEEN AND 00/00 DOLLARS
E. Development Maintenance Deposit: $ 3,000.00
THREE THOUSAND AND 00/00 DOLLARS
F. Storm Drainage Fee: $ 5,505.00
FIVE THOUSAND FIVE HUNDRED FIVE AND 00/00 DOLLARS
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: $ 172.00
ONE HUNDRED SEVENTY TWO AND 00/100 DOLLARS
J. Park Fee: $198,000.00
ONE HUNDRED NINETY EIGHT THOUSAND AND 00/100 DOLLARS
K. Water Main &tension Deposit: N/A
L. Maps and/or Improvement Plans: See Paragraph 23
* $10,000 shall be withheld until an overflow storm drain easement is
dedicated and improvements are accepted. Developer may substitute a
security in a different form at their option.
• t i
•
TRACT AGREEMENT
TRACT #8249
GARDEN LANE NORTH OP RAINBOW DRIVE
This AGREEMENT, made and entered into this 16th day
of January , 19 90 , by and between the CITY OF CUPERfTINO, a
municipal corporation of the State of California, hereinafter designated
as CITY, and LANDMARK . PROPERTY' ,' A CALIFORNIA CORPORATION
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 #8249 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 AMERICAN DESIGN & ENGINEERING SERVICES, INC.
, a true copy of said improvement plans and
specifications are on file in the Office of the City Engineer of '
Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as
though set out in full;
NOW, THEREFORE, said improvement plans and specifications shall be
hereinafter called the "Plans," and the work to be done under the Plans
shall be called the "Work."
Page 1
File: 51.863
•
WHEREAS, pursuant to the provisions of this •V Dyna , the CITY hereby
•
established the amounts of Bonds, Fees, and Deposits as set forth in the
•
following,.schedule: . .
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Born:
1. Offsite Improvements $ 33,000.00
2. Onsite Improvements $324,000.00
3. Recreation Facilities
and Landscaping $ 81,000.00
FOUR HUNDRED THIRTY EIGHT THOUSAND minx AND NO/100 $438,000.00
•
PART B. Labor and Material Bond:
1. Offsite Improvements $ 33,000.00
2. Onsite Improvements $324,000.00
3. Recreation Facilities
and Landscaping $ 81,000.00
FOUR HUNDRED THIRTY EIGHT THOUSAND DOLLARS AND NO/100 $438,000.00
PART C. Checking and Inspection Fee:
1. Offsite Improvements $ 1,980.00
2. Onsite Improvements $ 19,440.00
TWENTY ONE THOUSAND FOUR HUNDRED TWENTY DOLLARS AND NO/100 $ 21,420.00
PART D. Indirect City Expenses:
1. Offsite Improvements $ 297.00
2. Onsite Improvements $ 2,916.00
THREE THOUSAND 'IWO HUNDRED THIRTEEN DOLLARS AND NO/100 $ 3,213.00
PART E. Development Maintenance Deposit:
THREE THOUSAND DOLLARS AND NO/100 $ 3,000.00
PART F. Storm Drainage Fee:
'FIVE THOUSAND FIVE'HUNDRED FIVE DOLLARS AND NO/100 $ 5,505.00
PART G. One Year Power Cost: - N/A
PART H. Street Trees: By Developer
•
PART I. Map Checking Fee:
ONE HUNDRED SEVENTY TWO DOLLARS AND NO/100 $ 172.00
PART 3. Park Fee:
ONE HUNDRED NINETY EIGHT THOUSAND DOLLARS AND NO/100 $198,000.00
PART K. Water Main Extension Deposit: N/A
PARK L. Maps and/or Improvement Plans: (See Paragraph #23)
* $10,000 SHALL BE WITHHELD UNTIL-AN-OVERFLOW-STORM-DRAIN -EASEMENT- IS -DEDICATED AND
IMPIOVEMENTS ARE ACCEPTED, DEVELOPER MAY SUBSTITUTE A SECURITY IN A DIFFERENT
FORM-AT THEIR OPTION'. yA
Initial- 4-f� �h Date: /-a-j0
1 1
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 autho-
rized to complete the Work in whatever manner the CITY shall decide. In
the event the CITY completes the Work, the CITY may recover any and all
costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or
both.
B. The DEVELOPER shall install and complete the Work in a good and
workmanlike manner in accordance with the Plans as approved by the City
Engineer of Cupertino. The Work shall be performed under the inspection
and with the approval of the City Engineer. The Work shall be done in
accordance with the existing ordinances and resolutions of the City of
Cupertino, and in accordance with all plans, specifications, standards,
sizes, lines and grades approved by the City Engineer. The Work shall be
done in accordance with all State and County Statutes applicable thereto.
The decision of the city Engineer Shall be final as to whether any
material or workmanship meets the standards, specifications, plans, sizes,
lines and grades as set forth.
C. It is further agreed that the Work shall be done in accordance
with the most current Standard Specifications of the Department of Public
Works, California Department of Transportation, State of California, and
in accordance with the specifications of the Cupertino Sanitary District
where applicable. Wherever the words "State" or "California Division of
Highways" are mentioned in the State Specifications, it shall be
considered as referring to the CITY of Cupertino; also wherever the
"Director" or "Director of Public Works" is mentioned, it shall be
considered as referring to the City Engineer.
In case of conflict between the State Specifications and the
specifications of the CITY and/or the Cupertino Sanitary District, the
specifications , of the CITY and/or the Cupertino Sanitary District shall
take precedence over and be used in lieu of such conflicting portions.
2. EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by Obtaining an excavation permit
from the City Engineer before the comrnencement 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 lying 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
force and by the City Engineer as to sufficiency. In the event that the
DEVELOrrrt 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. QIECIC:MG AND INSPECTION r'EL
• It is further agreed that DEVELOPER shall pay any and all nerPssary
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 ccunpliance 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.
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 5
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.
12-A. PARK rEE ADJUSTMENT PROVISIONS
The value of the land used in establishing the "Park Fee" outlined
herein on Page 2, Part J, requires formal confirmation. The CITY
shall 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 arreptance 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 PROFESSSIONS CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions of
Section 11603, Article 8, Chapter 4 of the Business and Professions Code,
pertaining to special assessments or bonds, have been ccmiplied with.
16. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this AGREEMENT, a letter from the Central Fire Protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an AGREEMENT with said District to install fire hydrants to serve
said Project and stating that all necessary fees have been deposited with
said District to insure installation and five (5) year rental fee of said
hydrants.
Page 6
17. STREET LIGHTING - P.G.and E. RATE SCHEDULE SHALL APPLY
It is further agreed that the DEVELOPER shall apply " for the
installation of electric power for street lighting at the earliest date
possible.
18. PACIFIC GAS AND ELECTRIC/PACIFIC RFTT .
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PACIFIC RFrl, 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 BEM, that said fees are due and payable.
-19. EASEMENTS-AND-RIGHT-OF-4W ••
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acquired by the DEVELOPER at his own
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CITY for the purpose of securing
said easement and right-of-way, that the DEVELOPER shall deposit with CITY
a sum covering the reasonable market value of the land proposed to be
taken and to be included in said sum shall be a reasonable allowance for
severance damages, if any. It is further provided that in addition
thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the
CITY may require shall be deposited with the City of Cupertino.
20. HOLD HARMLESS
It is further agreed that, commencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the completion of
the maintenance of the Work as provided in Paragraph 13 above, the
DEVELOPER shall indemnify, hold harmless and defend the CITY from and
against any or all loss, cost, expense, damage or liability, or claim
thereof, occasioned by or , in any way whatsoever arising out of the
performance or nonperformance of the Work or the negligence or willful
misconduct of the DEVELOPER or the DEVELOPER'S • agents, employees and
independent contractors.
21. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or shall
require any contractor engaged to perform the Work to take out, and
maintain at all times during the performance and maintenance of the Work
called for or required to be done hereunder, a policy of insurance naming
the CITY and members of the City Council of the City of Cupertino,
individually and collectively, and the.officers, agents and employees of
the City individually and collectively, as insured. Said separate policy
shall provide hrdily 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
Page 7 •
limit of liability stated in the declarations, and if the City, its
matters of the City Council individually and collectively, and the
officers, •..agents, and. employees of the CITY, ,.individually and
collectively, have other insurance against the loss covered by said policy
or policies, that other insurance shall be excess insurance only.
A. Each of said policies of insurance shall provide coverage in the
following minimum amounts: For bodily injury, $100,000 each
person; $300,000 each occurrence, property damage, $50,000 on
account of any one occurrence with an aggregate limit of not less
than $200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to the
time of execution of this AGREFM NT by the DEVELOPER such evidence
of- said ' foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies
shall bear an endorsement precluding the cancellation or reduction
in coverage without giving the City Engineer at least ten (10)
days advance notice thereof.
C. In the event that the project covered herein should be mutually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California,
the policies of insurance required herein and above shall co-name
such municipality or political subdivision and the provision set
forth herein and above for the protection of the CITY shall
equally apply to municipality and political subdivision.
22. WATER MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Deposits" dated September 9, 1977. The deposit shall be held by the CITY
until said monies are needed to implement improvements outlined by the
Director of Public Works or improvements outlined within an adopted Water
Master Plan.
The amount shown herein at PART K, Page 2 shall be the full amount
due.
23. MAP AND/OR IMPROVEMENT PLANS
It is further agreed that the CITY shall obtain the following map
and/or plans at the DEVELOPER'S expense:
A. A mylar sepia and thirteen (13) prints of fully executed tract
map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans. •
C. A direct duplicating silver negative microfilm aperature card of
all executed improvement plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance
deposit the cost for all prints of plans and map required under Item 23.
Page 8
STATE OF CALIFORNIA
' COUNTY OF SANTA CLARA )ss .
On December 11, 1989, before me, the undersigned Notary Public,
State of California, duly commissioned and sworn, personally
appeared Jason Chartier and Keith Kolker, known to me to be the
President and Vice-President, respectively, of Landmark Property,
a California corporation, the corporation described in and that
executed the within instrument, and also known to me to be the
persons who executed the within instrument on behalf of such
corporation, and acknowledged to me that such corporation executed
the same.
: IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal in the County of Santa Clara, State of California,
the day and year in this certificate first above written.
OFFICIAL SEAL
� � STANLEY L HOWARD
No1C �,�. „.71 Notary PublioCalifomfa
y `1 SANTA CLARA COUNTY
`� Nty Comm.Exp.Oct.18,1992
.
24. TERMS AND CONDITIONS
It is further agreed that the above named terms and conditions for the
• said Tract shall bind the heirs, surrpssors, 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 WETNESS 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 CUPER INO:
Approved as toform: '1k
4- . 9.5.
. . Mayor,
City Attorney Cl. Cl- ' PO
DEVELOPER:
LANDMARK PROPERTY,
Californ' . co
B
�/
Notary Admowledgment Required.
•
•
Page 9
(Rev.3-1986)
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PRODUCER _
•
THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS
Alburger-de Grosz,Inc. NO RIGHTS
OR ALTER THE COVERAGE HOLDER.
AFFORDED BY CERTIFICATE IIEBELOW. AMEND,
P.O.Box 10933 - -
• 3010 Corporation Way COMPANIES AFFORDING COVERAGE
Palo Alto, CA 94303-0900
COMPANY
LETTER A Insurance Co.of N.A.
CODE SUB•CODE
COMPANY MM
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Landmark Property LETTER Y C'
21060 Homestead Road COMPANY
Cupertino, CA 95014 LETTER D Insurance Co.of N.A.
...COMrANr E •
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE I POUCYNUMDER POLICY EFFECTTVE POUCY EXPIRATION A
LTR DATE (MMlooM') DATE BANNOOPYY) LL U MITA LB THDUDANDD
GENERAL LIABILITY GENERAL AGOVREOATE 5 2,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS•CQMPNPS AGGREGATE 5 1,000
A
"%je CIAIMBMADE g OCCUR. 020010812 09/20/89 09/20/90 PERSONAL&ADVERTISING INJURY 3 1.000% EACH OCCURRENCE $ 1,000
X OWNER'S b CONTRACTORS PRa7.
FIRE DAMAGE(Any one me) 3 50
MEDICAL EXP ENSE(Any AND pxson) $ 5
AUTOMOBILE MABIUTY COMBINED ^ r.,
— SINGLE 3 ; i• x
_- ANY AUTO LIMB .
ALL OWNED AUTOS BODILY t..e,:.".-
SCHEDULED AUTOS (ParJpesen) $ t '
HIREDAUTOS BODILY '" + *r I'
NON•OWNED AUTOS INJURY $ rr
(nwb
IPeenD
GARAGE UABILRY PROPERTY ako 3N�
3
DAMAGE � , .7.,.>:i
EXCESSUABIUTY • •r EACH AGGREGATE.
OTHER TAN UMBRELLA FORM r e OCCURRENCE
..41,,y.,-. 1.::' $
5
L WORKERS'COMPENSATION STANTOflY ) 5; .,
I D AND _5 1,000 (EACH ACCIDENT)
EJWLOYERS'.ABILITY C3331260A 06/01/89 06/01/90 $ I,OOIL (DISEASE-POLICY UMI)
-- --• - $ IMO (DISEASE-EACH EMPLOYEEI
OCHER
DESCRIPTION OF OPERATIOMBRDCATIONSNEMICLES!RESTPoCPONWOPECIALITEMS
Tract418249 Gardenside Project. Insurance Company Best's Rating"A”
[excellent].
10 Days Notice at Cancellation IF Cancelled for Non-Payment of Premium.
i keiN tam'.Ani.-uLa}"trr..w.wx'W/R�aZtST•Q xh'p +fiir6,x'f'.3 ..�"w»tr.'.: R G' L%.Y.`i a.M—atiA:R#3Ce tl'6 w)e +`t i, *d � !'Fi �d^> eYA(I°" jS�H'iw...
....m_•t"z...4,,.„....:n....,....�,... r ,�., �`.,�� �.....:...,.n,„..,,,.....-a..,�.x...ni.ffi r. >l:'r9'.,7;�x.. � 'r."arr.°K.9n�9. '€�,�+3�H:
g•.' . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETIf
.f...;# EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF CUPERTINO '' MAIL 30 PAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
10300 Tore Ave. • LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION ON
Cupertino, CA 95014 k' LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
//Attn Lavenia,Public Works Dept. ti AUTHRERESENTryryE/
•
/ � /-/�
2m5' ( z{ yngx t, ctnn . T.^xra i=Fazr Ssz
e.w n-.- er, a e •n: „NAPI1TIAIW , £ 44740-,, ' Vii -:'..-:..,. " , s ..,,,...... . .. , ,. n,,.„. J ` ,
CI 0./_
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
• 020010812
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
+*s
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE.
Name of Person or Organization:
City and members of the City council of the City of Cupertino, Individually
and Collectively as Insured.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organizstion shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
•
Tract #8249 Gardenside Project.
A policy does provide Bodily injury and Property Damage coverage in 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 is on an
Occurrence basis; and said policy or policies do provide that coverage afforded
thereby is on a Primary basis 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.
CG 20 10 11 85 Copyright. Insurance Services Office. Inc.. 19$4 -
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )ss .
On January 12, 1990, before me, the undersigned Notary Public,
State of California, duly commissioned and sworn, personally
appeared Jason Chartier and Stanley L. Howard, known to me to be
1 the President and Secretary, respectively, of Landmark Property,
' a California corporation, the corporation described in and that
1_, executed the within instrument, and also known to me to be the
persons who executed the within instrument on behalf of such
corporation, and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal in the County of Santa Clara, State of California,
the day and year in this certificate first above written.
=► �/��/✓///1• � / Q c�tocx9cocQcococ�cac�
N ar Public
I
�.:9Cer
y OFFICIAL SEAL Yi
,-r THOMAS R. DONAURO n8
" _` y NOTARY PU3LIC-CALIFO,2NIA p
SAMA CLgR,y COUNTY g
Y Comm}srlon Gxplras July 31, 1992
aococm�pyo��cx�cncJul 1992 8
' Stale of California
+ County of San Francisco
,:
rr
•
On FAN. 1 1 1990 . before me, the undersigned, a Notary Public in and
for said County and State personally appeared Anthony F. Angelicola
known to me to be the same persons whose name is subscribed to the within
instrument, ras the Attorney-In-Fact of PLANET INSURANCE COMPANY and
acknowledged to me that Anthony F. Angelicola subscribed the name of
PLANET INSURANCE COMPANY thereto as principal and his own name as
Attorney-In-Fact.
Witness my hand and offical seal.
•
OFFICIAL SEAL 1
cl 4r_2,,Lsras SORIA MARTINEZ , ci
G NOTARVPUBUC.CALIFORNIAice, 0"e`0N""=""�0f0 Notary Publ. in and for said Co ty
NH Camm.EePlres OCL 30,1992 y
;, \ and State
Biretta qo;respondence to; -
46T PACIFIC BONDING
erarst Bldg., Suite 825 BOND NO. P1678970
5 Third Street at Market Premium: $8,760.00
San francisco, CA 94103 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
.KNOW ALL MEN BY THESE PRESENTSI
•
THAT WE, LANDMARK PROPERTY
as Principal and PLANET INSURANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of FOUR HUNDRED THIRTY-EIGHT THOUSAND AND N0/100
Dollars ($ 438,000.00----)
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
i4 TRACT #8249
i located on Gardenside Lane
in accordance with the approved improvement plans prepared by American Design And
Engineering Services, Incorporated 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 WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety this 11th day of January , 19 90
r, BOND EFFECTIVEI2/27/1989.
• LANDMARK PROTY
(To be signed by By' 0
Principal and Surety. P r� g, i17
Notary Acknowledgments
required.) PLAN: PN sm , CE CO r
Surety
By:
Attorney-in-Fact - Anthony F. Angelicola
•p' The above bond is accepted and approved this day of
19
l
Y
6/17/85
nrectalfcorrespondenceto; BOND NO. P1678970
. IRST PACIFIC BONDING
Hearst Bldg., Suite 825 Premium: Included
5 Tttird Street at Market LABOR AND MATERIAL BOND
.San Francisco, CA 94103
• KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino. State of California, and
LANDMARK PROPERTY
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 PLANET 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 FOUR HUNDRED THIRTY—EIGHT THOUSAND AND NO/100
($ 438,000.00 ) .
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.
Stale of California
County of San Francisco
On JAN. 1 1 1990 before me, the undersigned, a Notary Public in and
for said County and State personally appeared Anthony F. Angelicola
known to me to be the same persons whose name is subscribed to the within
instrument, eas the Attorney-In-Fact of PLANET INSURANCE COMPANY and
acknowledged to me that Anthony F. Angelicola subscribed the name of
• PLANET INSURANCE COMPANY thereto as principal and his own name as
Attorney-In-Fact.
Witness my hand and offical seal.
. . . . . .
OFFICIAL SEAL
mfatt soros MARTINEZ45/ 7a,
����iJa�� NOTARY
Oun co WRAC-CALIFORNIA mom NotaryPubl' and for said flunty
�., 't"mri?.W My Comm.EXPleS Oct.30,1992
and State
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA )ss .
On January 12, 1990, before me, the undersigned Notary Public,
State of California, duly commissioned and sworn, personally
appeared Jason Chartier and Stanley L. Howard, known to me to be
the President and Secretary, respectively, of Landmark Property,
a California corporation, the corporation described in and that
executed the within instrument, and also known to me to be the
persons who executed the within instrument on behalf of such
corporation, and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal in the County of Santa Clara, State of California,
the day and year inthis certificate first above written.
r
•No airy Public" 0:::„..2,;‘,t,i
OFFICIAL SEAL' G THOMAS R. CONAUM
NOTARY FUCUC-CALIFOR IA(3
SANTA CLARA COUNTY
1
My Commisaon Expires July 31, 1992 d
bati9GCJGOWCOCt9t.QM JLX9CFCX9te aDCZ
•
r
))
Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or tb 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 11th day of January , 19 90 •
BOND EFFECTIVE12/27/1989.
LANDMARK PROPS' Y
l'Adile(v cif .
r
(To be signed by Principal o 'ipal
and Surety. Notary r >lj%d<�/���/
acknowledgments required.) PO ET INSURANCE COMPANY
Surety
By; D`
Attorney-in-Fact- Anthony F. Angelicola
The above bond is accepted and approved this day of
•
, 19
a
V.=
I i
•
6/17/85
PLANErim INB !RANGE COMPANY
,t HEAD OFFICE,MADISON,WISCONSIN
// .
POWER OF ATTORNEY
•
KNOW ALL MEN BY THESE PRESENTS,t riot the PLANET INSURANCE COMPANY,.corporation duly organized under the lows of the State
of Wisconsin,does hereby make,constitute and appoint .
• ANTHONY F. ANGELICOLA of SAN FRANCISCO, CALIFORNIA---
Its true wad lawful Attorney-in-Fact,to make,execute,mel end deliver for end on in behalf,and N Its act and dead
•
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP--- '
3
and to bind the PLANET INSURANCE COMPANY thereby as fully end to the game extent a If such bonds and undenekings end other writings
obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sailed and attested by one other of
such officers,and hereby ratifies end confirms ell that its laid Attorney Wtin•Feet may do in pursuance hereof. ,
This Power of Attorney is granted under end by authority of Article VII of the By-Laws of PLANET INSURANCE COMPANY which became
effective September 21,1981,which provision&an now in full force and effect,reading as follows:
ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS' •
1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assinant Vice President
or other officer designated by the Board of Directors shell have power and authority to la/appoint Attorneys-in-Fac and to authorize them to execute
on behalf of the Company. bony and undertakings, recognizance., contracts of indemnity end other writings obligatory in the nature thereof,and
fbi to remove any such Anorneyin•Fact at any time and revoke the power end authority given to him.
2. Attorneys-in Fac shall have power end authority,subject to the term and limitations of the power of attorney issued to them;to execute and
deliver on behalf of the Company, bonds end undertakings,recognizanws,convects of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bond, end undertakings,recognizanees,contracts of indemnity and other writings obligatory
in the nature thereof.
3. Anorneye.in•Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizance,,connects of indemnity
or other conditional or obligatory undertakings and they shall also hive power and authority to certify the financial statement of the Company and to
copies of the By-Lass of the Company or any article or section thereof,
This power of attorney Is signed and salted by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
PLANET INSURANCE COMPANY at a meeting held on the 29th day of March,1982,at which a quorum was present,and said Resolution has not been
emended or repealed:
"Resolved,that the signatures of such directors end offices and the Nal of the Company may be affixed to my such power of attorney
or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile
eel shall be valid and binding upon the Company and any such power so executed and certified be facsimile signatures and facsimile seal
Mall be valid and binding upon the Company in the future with respect to any.bond or undertaking to which it is attached."
IN WITNESS WHEREOF,the PLANET INSURANCE COMPANY has these present
used s to be.signed by is Vice President,and its corporate seal to
be hereto affixed,this r day of February19 CO
•
PLANET INSURANCE COMPANY
\ - Vice President Charles B. Schmalz
STATE OF Washington
COUNTY OF King
On this 3rd deyof Februaryrs
,1o86 ,Peonallyeppeared Charles B. Schmalz
to me known to be the Vice-President of the PLANET INSURANCE COMPAN , and acknowledged,that he executed rind attested the foregoing
iratrumem and affixed the col of said corporation thereto,and that Article VII,Section 1,2,and 3 of the By-Law,of said
en forth therein,an hill in full force. Company,and the Resolution,
My Correnision Expires: 47-5'4N‘
741z144,1zer
.,
JulY 86 •„•' r Not ublic in and for State of
�,. : Washington
Residing at Milton
t, James E. Heath Assistant Secretary of the PLANET INSURANCE COMPANY•do hereby certify that the
above and foregoing is a tree and correct copy of a Power of Attorney executed by said PLANET INSURANCE COMPANY,which is still in full force
and effect.
IN WITNESS WHEREOF,I hew hereunto et my hand and affixed the col of and Co �ryN
Campine this ' 1 1ggOdaY of 19
�,• n• • Aeinint Secretary / • its” J ,- .(t �'
BOP-1431 1/92 • �: °
-i
4A4N if
ila?7 ; Citw of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
June 8, 1987
Lawrence J. Guy
20432 Silverado Avenue, Suite 7
Cupertino, CA 95014
AGREEMENT - STORM DRAIN FACILITIES & PUBLIC UTILITY EASEMENT
Dear Mr. Guy:
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Lawrence J. Guy, along with one (1)
copy of Resolution No. 7171, which was enacted by the City Council of the
City of Cueprtino, at their regular meeting of Monday, May 4, 1987.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK •
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
•
RESOLUTION NO. 7171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND
LAWRENCE J. GUY et. al. FOR THE ACQUISITION OF PUBLIC UTILITY EASEMENT
LOCATED ON SILVERADO AVENUE
WHEREAS, there has been presented to the City Council an agreement
by and between the City of Cupertino and Lawrence J. Guy, et. al. for the
acquisition of a public utility easement relative to the development of
Tract No. 7854 located on Silverado Avenue; and
WHEREAS, in addition to the acquisition of a public utility easement,
said agreement provides for the installation of a storm drain facility, and
other related work all as more particularly described in said agreement; and
WHEREAS, the provisions of said agreement have been reviewed and
approved by the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk
are hereby authorized to execute the agreement herein referred to in
behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 4th day of May , 1987 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ W. Reed Sparks
Mayor, City of Cupertino
ATTEST:
/s/ Roberta A. Wolfe
Deputy City Clerk
AGREEMENT
This Agreement made and entered into this day
of Nci" .� , 1987, by and between the City of
Cupertino , a municipal corporation of the State of
California , hereinafter designated as City, and
LAWRENCE J. GUY
hereinafter designated collectively as Developer .
WITNESSETH
WHEREAS , Developer has previously executed an
Agreement with the City regarding development of
property known as Tract Map 7854 for a condominium
commercial office building . Said Agreement was executed
on December 15, 1986 and recorded at J991 , Page 627,
Santa Clara County records , and
WHEREAS, pursuant to the terms of said Agreement,
the Developer was to be responsible for the installation
of a storm drain across property known as APN 369-39-014
owned by Ronald G . Smith and Janet Thomsen Smith, and
WHEREAS, the City has executed an Agreement with
Ronald G. Smith and Janet Thomsen Smith for said
construction, including the terms and conditions for
said construction , a copy of said Agreement is attached
hereto as Exhibit "A. " •
NOW, THEREFORE, the parties agree as follows :
1 . The Developer, at its sole cost, shall, be
responsible for complying with all terms and conditions
contained in the Agreement attached as Exhibit "A, "
1
7 STATE OF CALIFORNIA On this...7.TH day of MAY in the year 1987
ss. XXX
before me,
COUNTY OF...S AN.TA..C.LA RA a Notary Public,State of California,
duly commissioned and sworn,personally appeared
LAWRENCE. GUY
personally known to me (or proved to me on the basis of satisfactory evidence) to be •
OFFICIAL SE,.L the person S..whose name IS
i� IZIGGIE DUDZIUK subscribed to this instrument, and acknowledged that.. ..he.X. :executed it.
S�. a•t1tii Notary public-Caliloni,-
t ini�E.' SANTA CLARA COUNT/ IN WITNESS WHEREOF I have hereunto set my hand and afi'ixed my official seal
,o�°`t AM Comm Exp Apr.29 WC.; in the STATE••0 F..CAL I.F.OR N I A County of
_- •.•SANTA.•CLARA ...on the date set fort -.eve
in this certificate. •
. -7a2 , 1 ......e.....,...,..?
`/� /�
TN,document is only a general tarm which may be proper for use In sunk vansanoons and n no �V/
way acts.or i9 intended to an.as a substane to,No adcce on an attorney.The printer does not No : • . ic!Stat. of a lifornia .
make any warranty.eller espessa an mplind as to the legal validity of any provision or One
..,e.:fily Of one,.ionto marry wane transaction. My commi .ion e,.fres . a • • a • .
Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C. Sec. 1189)—(Rev. 1/83)
1 ,
which are the responsibility of the City and all rights
granted to the City under said Agreement, except those
relating to the City being named grantee of a deed of •
easement for public utilities , shall inure to the
Developer .
2 . Developer shall hold the city harmless ,
indemnify and defend the City from any and all claims
arising out of any dispute under said Agreement attached
hereto as Exhibit "A" and shall diligently pursue
performing all conditions and covenants thereunder .
Developer: Approved:
` ��
. �`1 s
LawrenceJ. Guy f �� - Mayo• , City of ' upertino
Attest:
City lerk
Approved as to form: -
City Attorney
I
2
EXHIBIT A
AGREEMENT
This agreement, made and entered into this day of
, 1987 by and between the City of Cupertino, a municipal
corporation of the State of California, hereinafter designated as CITY,
AND RONALD G. SMITH AND JANET THOMSEN SMITH
hereinafter designated as SMITH.
'WITNESSETH
WHEREAS, SMITH is the owner of real property, more particularly
described as A.P.N. 369-39-014 as shown on attached Exhibit'A; and
WHEREAS, The CITY is installing a storm drain which requires a
public utility easement through the SMITH property on Silverado Avenue
as more particularly described in Exhibit B attached hereto;
NOW, THEREFORE, the parties agree as follows;
1. SMITH shall grant to the City of Cupertino a 10 Foot wide
public utility easement for the construction of the storm drain as
shown in Exhibit B. Said grant of easement shall be on a form prepared
by the CITY. _
2. SMITH shall keep the area where the easement is located free
and clear of any additional improvements until September 1, 1987.
3. CITY shall pay to SMITH the sum of TEN THOUSAND AND NO/100
DOLLARS ($10,000.00) for the public utility easement at the time the
agreement and grant of easement is executed. Said payment shall be
full compensation for said easement including compensation for the
taking and all severance damages resulting from the granting of the
easement, except as hereinafter specified.
• 1
4. CITY will replace the junipers in the front yard of the
SMITHS on the east side of the driveway with sod.
5. CITY shall replace the brick on the east-, side of the driveway
with sod.
6. CITY shall temporarily relocate the metal storage shed and
place it back at a location specified by SMITHS on a new concrete pad.
7. CITY shall temporarily relocate the wood pile and put it back
in a location specified by SMITHS.
8. CITY shall remove and replace existing fences as specified by
SMITHS. Unless otherwise agreed by the parties, CITY will put in new
fences of approximately the same type as the fences to be replaced.
9. CITY shall cap existing manhole in northwest corner of rear
yard 12" below finish grade.
10. CITY shall replace existing sprinklers and landscaping dis-
turbed or damaged during construction.
10.5. CITY shall repair any damage which occurredduring construction.
11. All storm drain work done by the CITY will be completed within
a two-week period.
12. All landscaping restoration done by the CITY to _be completed
within one week after completion of storm line.
13. If the work is not completed as specified in Paragraphs 11 and
12, CITY will pay reasonable, liquidated damages in the amount of $50
per day. The provisions of this paragraph do not apply to delays caused
by the acts of SMITH or SMITH'S agents, accs of God, or other actions
beyond the control of the CITY.
13.5 CITY shall give the SMITHS a seven day notice before any con-
struction starts. .
2
14. All work shall be completed between July 20, 1987 and
September 1, 1987.
15. CITY shall secure the back yard at the end of each working •
day.
16. CITY shall save, keep, and hold harmless SMITH from all
damages, costs, or expenses, in law or in equity, that may at the
time arise or be set up because of personal injury or damage to
property sustained by any person or persons by reason of, or in the
course of the performance of said work, or by reason of any infringe-
ment or alleged infringement of the patent rights of any person or
persons, firm or corporation in consequence of the use in, on, or
about said work, of any article or material supplied or installed
under this AGREEMENT. Notwithstanding, the above, CITY shall,
wherever it is necessary, keep and maintain at its sole cost and
expense during the course of the operations under this AGREEMENT,
such warnings, signs, and barriers as may be required to protect
the public. The provisions of the preceding sentence shall not
impose any liability upon SMITH and are for the express benefit
of the general public.
3
RONALD G. SMITH JANET THOMSEN SMITH
ATTEST: APPROVED:
Cfr,
010 arCity Clerk 4 /rCity of Cu.ertino
STATE OF CALIFORNIA,
) ss,
COUNTY OF
On , 1987, before me, the undersigned,.
a Notary Public in and for said State, personally appeared Ronald G.
Smith and Janet Thomsen Smith, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within Instrument, and acknowledged
to me that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for
said State
4
•
•
TEN (10) FOOT PUBLIC UTILITY EASEMENT
An easenent for Strom Drain Purposes over, under or upon a strip of land
ten ( 10) feet in width described as follows:
All that real property situate in the City of Cupertino, County of Santa
Clara, State of California described as follows:
Being the Easterly ten feet of Lot 2 as shown on the map of Tract No.
1100 Silver Manor, recorded in Book 46 of Maps at page 30, Santa Clara
County Records.
•
•
EXHIBIT A
28 28
L.1.1
•Z •
w
0 C 4
V O
n
ON./"1]0 00 '2700 7 F
s• a'
O 2, 2
0
Q O
coLOT 2�
n �
J
A ' 00 CO-_. /27.03
•
.
PLAT TO ACCOMPANY DESCRIPTION
IU.00 FT. S. D.E ACROSS LOT 2
TRACT NO. 1100
CUPERTINO CALIFORNIA
X181( b ASSOG1Af. t1K.
12228 u TW T�
S. Saratoga—sFd.
Saratoga, CA 95070 (406)257-0600
�'•-� : AP:Z. /987 J08. NO. i-- ".•
SCALE : � - .0DATE '
1 � ✓ 3i5�r
f
Citi of Cupertino
10300 Torre Avenue PD. Box 580
•Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
INTERIM CITY HALL
DEPARTMENT OF THE CITY CLERK 10430 S. DeAnza Blvd.
Gupertine, C895014
June 5, 1987
•
Lawrence J. Guy
20432 Silverado
Cupertino, CA 95014
REIMBURSEMENT AGREEMENT - INSTa TArr'TON OF A MASTER,STROM DRAaI FACILITIES
Dear Mr. Guy:
We are enclosing to you for your files one (1) copy of the Reimbursement
Agreement which has been fully executed by City Officials, along with one
(1) copy of Resolution No. 7191, which was enacted by the City Council of
the City of Cupertino, at their regular meeting of Monday, May 18, 1987.
S' y
CITY CLERK
CITY OF WPERETNO
DC/so
encl. •
cc: Department of Public Works
RESOLUTION NO. 7191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF MASTER STORM DRAIN FUND REIMBURSEMENT
BETWEEN THE CITY AND LAWRENCE J. GUY,
SILVERADO AVENUE PROJECT
WHEREAS, Developer Lawrence J. Guy has installed a master storm
drain line along Silverado Avenue beyond the limits of his development
in accordance with the standard details of the City; and
WHEREAS, there has been presented to the City Council a reimbursement
agreement for the City to reimburse the Developer for the cost of the
master storm drain facilities incurred by Developer beyond his
responsibility.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk
are hereby authorized to sign the aforementioned agreement in behalf
of the City of Cupertino.
BE IT FURTHER RESOLVED that the Council hereby approves the
reimbursement of the amount and authorizes appropriation of said amount
from the Master Drain Fund, which amount is to be determined by the
Director of Public Works upon receipt of the certified field quantities
supplied by Developer's civil engineer; all as more particularly pre-
• scribed in the aforementioned agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18tb day of May , 1987 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks
NOES: None
ABSTAIN: None
ABSENT: Plungy
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ W. Reed Sparks
City Clerk Mayor, City of Cupertino
4,
REIMBURSEMENT AGREEMENT
This agreement, made this /D day of -7,,,A47.-7-1987 by and
between the City of Cupertino and Lawrence J. Guy, Developer; and
WHEREAS, Developer has installed a master storm drain line along
Silverado Avenue beyond the limits of his development and
WHEREAS, the Developer agreed to install the master storm drain
line in accordance with the standard details of the City; and
WHEREAS, the Developer agrees to maintain the lines in accordance
with the terms and provisions of the original development agreement; and
WHEREAS, the City agrees to reimburse the Developer at the unit prices
established by master storm drain reimbursement schedule; the total
reimbursement is to be determined by the Director of Public Works upon
receipt of the certified field quantities supplied by a civil engineer.
NOW, THEREFORE, BE IT AGREED between the parties hereto, that upon
receipt of a civil engineer's certification of field quantities, the City
will reimburse the Developer within thirty (30) days.
DEVELOPER CITY OF CUPERTINO
4/11
Lawrence J. Guy %MVO M. •r /
Approved as to form: City CArrrk
�n ;I. . i/
City Attorney
J991PAGE 624A-ice
IZETIDRN TO CITY - 909'7378
`4• r 7 CUPERTINO
'1' 1 'i DRRE AVE FILED FOR RECORD
cA 95014 • AT REQUEST ,w
CITY- OF PREFITINO
I NO FEE IN ACCORDANCE �f JAN J gl ®11 '87
WITH 60V CODE 6103 �I H
'" OFFICAL RECORDS
SANTA CLARA COUNTY
• LAURIE. KANE
RESOLUTION NO. 7043 RECORDER
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF C[JPEI2TINO
APPROVING PARCEL MAP AND IMPROVEMENT AGREEMENT' OF TRACT 7854,
ppNmmorAL CDNE UM, LOCATED ON SILVEIRADO
AVENUE; DEVELOPER, LAWRENCE J. GUY, ET AL.;
ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING
OF FINAL NAP AND DEFERRED IMPROVEMIFNTAWEEMIalT IN OJNNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval and
for authorization to record final map of Tract 7854, commercial
condominium, located in Silverado Avenue showing certain avenues, drives,
• places, and roads by Lawrence J. Guy, et al. ; and
WHEREAS, there has been presented to the City Council a proposed
deferred improvement agreement for the construction of streets, curbs, and
gutters, and for other improvements, and good and sufficient bonds, fees,.
and deposits as set forth in Exhibit "A" to be on a deferred basis except ,
as noted on said exhibit.
NOW, THEREPOREIBE IT RESOLVED THAT
a. Said final map of Tract 7854 be and the same is hereby approved,
and the City Engineer and the City Clerk are hereby authorized to
sign said tract map.
b. The offer of dedication for roadway and/or easements is hereby
accepted.
• c. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to. Said agreement shall be recorded
with the County Recorder. .
•
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 15rh day of December , 1986 by the
following vote:
Vote Members of the City Council
AYES: Johnson, Gatto, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None THIS IS TOyCEFjSC'd FL THA'P ;T,HE WITHIN
INSTRUMENT IS • rtR E"MPAD CORRECT COPY
OF THE ORVGI • OIJVFILEnItj Tk1JS OFFICE.
ATTEST �` ' - •y `h'.,7 1_, , 19
/.;
CITY C ERK • 'hFiH;,�yi ; or LU?ERTIN❑
C '.CITY`CLERIS
J 991PAGE 625 '
•
RESOLUTION NO. 7043
ATTEST: • APPROVED:
/s/ Dorothy Cornelius /s/ W. Reed Sparks
City Clerk Mayor, City of Cupertino
. J 991PAGE 626
RESOLUTION NO. 7043
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Tract No. 7854, COMMERCIAL CONDOMINIUM
LAWRENCE J. GUY, EP AL.
LOCATION: SILVERADO AVENUE
A. Faithful Performance Bond: Deferred
B. Labor and Material Bond: Deferred
C. Checking arra inspection on Fee: Deferred
D. Indirect City Expenses: Deferred
E. Development Maintenance Deposit Deferred
F. Storm Drainage Fee: Paid
G. One Year Power Cost: Deferred
H. Street Trees: By Developer N/A
I. Map Checking Fee: $210.00
L o hundred ten aid no/100 dollars
J. Park Fee: N/A
K. Water Main Extension Deposit N/A
L. Maps and/or Improvement Plans: Deferred
• RETURN TO on' NlAOlITHE6 VACCORDANCE J 991 m6c 627
OF CUPERTINO
10300 TORRE AVE.
CUP'ERTINO, CA 95014 AGREEMENT
Silverado Avenue
This AGREEMENT made and entered into this 15th day
of December , 1986 , by and between the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter designated
as CITY, and Walter G. Warren & Loretta K. Warren, Lawrence J. Guy
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOP ( has made application to the CITY for Tract Map
7854 for a condominium commerical office building
to construct and maintain
hereinafter referred to as "Project."
WHEREAS, the CITY hereby agrees to permit DEFERMENT of the required
development improvements in accordance with the provisions of this
AGREEMENT; and;
WHEREAS, the DEVELOPER hereby agrees to provide necessary improvement
plans and specifications at. such time as they may be required by the City
Engineer or as provided herein and;
WHEREAS, the DEVELDPER further agrees to perform at his sole cost all
the work necessary to complete installation of those improvements which
will be required in accordance with those plans to be prepared; and
WHEREAS, the DEVELDPER agrees to provide bonds, cash payments, or
other guarantees as outlined herein to assure compliance with conditions
of development approval; and
Page 1
•
J,991rA6E 628
WHEREAS, pursuant to the provisions' of this AGREEMENT, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
. following schedule:
SCHEDULE OF BONES, FEES AND DEPOSITS
Improvement Category - N/A
PART A. Faithful Performance Bond: Deferred
PART B. Labor and Material Bond: Deferred
PART C. Checking and Inspection Fee: Deferred
PART D. Indirect City nes: Deferred
PART E. Development Maintenance Deposit: Deferred
PART F. Storm Drainage Fee: Paid •
PART G. One Year Power Cost: Deferred
PART H. Street Trees: By Developer
PART I. Map Checking Fee:
Two hundred and ten dollars $210.00
PART J. Park Fee: N/A
•
PART K. Water Main Extension Deposit: N/A
PART L. Maps and/or improvement Plans: Deferred
Page 2
J991PAGE 629 - •
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
shown on a. ' •it "A", which is attached hereto and made a part hereof ••
reference. -id dedicated property shall be free and clear of all li- or
encumbrances > cept those which the CITY shall waive in- writs .. . The
DEVELOPER agrees .ot to revoke said offer of dedication, and to •eep said
offer open until th- CITY accepts offer by resolution.
B. Upon ex- - 'on of this AGREEMENT the Da•'ai *PER agrees to
deliver a properly execu =• grant deed to the CITY ef the real property
described in Exhibit "A", and such other - - ted conveyances, or
instruments necessary to conve, clear title - herein required. The
DEVELOPER shall provide, at the D i ' *PER'S .le cost and expense, to the
City:
(1) A preliminary title -po issued by a title insurance
company relating to the .•- of = _• for dedication.
(2) A standard •• icy of title -.•ce issued by a title
insurance ••i i..- and insuring the CITY in 6•- sum of: N/A
and which -i1 show said property free and -- of all liens or
encumb - except those as the CITY shall - .• essly waive in
writ' - , said policy shall be furnished at the t' - of acceptance
of •=• 'cation and recordation of deed.
C. Upon the condition precedent that the DEVELOPER shall
•rm each and every covenant and condition of this AGREEMENT, the •
_- 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 fns 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 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.
Page 3
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J 991PAGE 631
• B. In lieu of a surety bond, the DEVELOPER may elect to secure this
AGREE4ENT 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 roar= 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) .
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 m n mments, 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) .
Page 5
8. DEVELOPMENT MAINTENANCE DEPOSIT ,19 91 PAGE 63
• it is further agreed that the DEVEIOP R 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 wortcnanship and/or materials
appearing in said work during the period until release of the improvement
bonds by the CITY. Should the DEVELOPER camplete 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 E A32ThGE tett.
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this ACRNT, 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 the adopted Water Master
Plan (PART K, Page 2) .
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 rawer cost for street lights for one
year. .
11. THE ThSTALIAPION OF SLHEN2 TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
from the City approved list.
12. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or
dedicate such land to the CITY, prior to execution, as is required within .
"Park Dedication Ordinance" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
Page 6
J 991PASE 633
13. MAINTENANCE OF PARK
• 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 DEVELOP 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 fram the Central Fire Protection
District of Santa Clara County, stating that the DEVELOPER has entered
into an ACRES ENT 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
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 BELL,
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Conpany and/or to Pacific Bell 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
underg rued ng 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 Bell that said fees are due and payable.
Page 7
. J 9 9 .PAGE 634
19. EASEMENTS AND RIGHT-OF-MY _.
• It is further agreed that any easement and riot-of-way nn essary for
impletion of the Project shall be acquirers by the DEVELOPER at his own
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CPPV for the purpose of securing
said easement and right-of-way, that the DEVELOPER shall deposit with CITY
a sine 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 fram and against any or all loss, cost, expense,
damage or liability, or claim thereof, occasioned by or in any way
whatsoever arising out of the performance or nonperformance of the Work or
' the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S
agents, employees and independent contractors.
21. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or shall
require any contractor engaged to perform the Work to take out, and
maintain at all tines 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,
ire ividually 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 mininnu 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.
Page 8
J991PABE 635 .
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 EnginPPr at Innst 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 (13) prints of fully executed parcel
maps.
B. A mylar sepia and ten (11) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature caul 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. DEFERMENT
It is further agreed that the DEVELOPER shall furnish, construct and
install at his own expense, either upon six (6) months notice fium the
CITY, in which event the Work must be completxl within one (1) year
thereafter, or in the absence of such notification, no later than five (5)
years and six (6) months from the date of this AGREEMENT, the following
improvements:
The construction of street improvements as required by conditions of Approval
of the City Council Numbered 22-TM-85 #19.
Page 9
•
•
J99PAGE 636
' Until such notification is made by CITY, or suck% time has elapsed, ,
• ' Sections numbered 2-22 et al
are hereby deferred. The DEVELOPER further agrees to cooperate, upon
notice by the CITY, with other property owners, the CITY and other public
agencies to provide the improvements set forth herein under a joint
cooperative plan, including the formation of a local improvement district,
if this method is feasible to secure the installation and construction of
the improvements.
24. SUCCESSORS - RUN WITH LAND - A.P.N.
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of DEVELOPER. It is agreed and
understood that this AGREEMENT shall be filed for record in the Office of
the County Recorder of the County of Santa Clara, State of California and
that the covenants in this AGREEMENT shall run with the land, a
description of which is contained in Exhibit B, which is attached hereto
and made a part hereof by reference, and is for the benefit of the other
lands in the City of Cupertino. .
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 CUPERT Ns•
Approved as to form: /e._.�_ ..__. i.
Mayor •
City Atto -y City Clerk /2..-- e_370,
•
•
DEVELOPER:
eci eG'L�/� 6e` 1�
ii•
All signet/ores require notary acknowledgment.
Pdiibitb_Pl_and-B Attached ----- ---,------ —---- -- -
STATE OF CALIFORNIA,
SANTA CLARA }ss.
County of
On BECEMBER.1.1,..198.6 before me the undersigned allotary Public in and
for said County and State personally appeared
*************WALTER G. WARREN & LORETTA K. WARREN, 'rand
LAWRENCE J. GUY********************************************************************
personally known to me or proved to me on the basis of satisfactory evidence to be the person.5 whosename S are subscribed to the
they
within instrument and acknowledged that executed the same. WITNESS my hand and Official Seal.
,v .':k DORIS ADAMO
�`} NOTARY PUBLIC-CALIFORNIA
�- K M SANTA CLARA COUNTY / Dor Notary Public
ACKNOWLEDGMENT-GENE',, ' My Expires Sept.13,1989
VTC-126
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, ..: . .� EXHIBIT B
•
The land referred to in this Report is situated in
the and isdeof dial Iia . County of
SANTA CLARA, CITY OF CUPERT II1U ws
,J 9 91 PAGE 637,
•
PARCEL ONE:
BEGINNING AT A POIN1 IN THE EASTERLY LINE OF SARATOGA-SUNNYVALE ROAD (60
FEET WIDE) DISTANT THEREON S. 00 58' 30" W. 310.00 FEET FRCtI THE INTERSECT ION
OF SAID LINE WITH THE NORTHERLY LINE OF SECTION 24, T. 7S. , R. 2 W. , M.D.B.
& M. , THE SAME POINT BEING THE SOUTHWES1ERLY CORNER OF THAT CERTAIN PARCEL
OF LAND DESCRIBED IN THE DEED FROM JAMES AVENI , ET UX, TO PENINSULA TITLE
GUARANTY CCMPANY A CALIFORNIA CORPORATION DATED JANUARY 2, 1953, RECORDED
APRIL 30, 1953 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA IN BOCK 2633 OF OFFICIAL RECORDS, . PAGE 189; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL. OF I.AND ABOVE REFERRED TO S. 890
00' E. 322.86 FEET TO THE SOUTHWESTERLY CORNER OF LOT 6 OF TRACT NO. 1100,
SILVER MANOR, A MAP OF WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CAL.IFORNIA-ON 'NOVEMBER 17,
1953 IN BOOK 46 OF MAPS, PAGE 30; THENCE ALONG THE WESTERLY LINE OF SAID
LOT 6 , N. 10 00' E. 127.00 FEET TO A POINT IN THE SOUTHERLY LINE OF
SILVERADO AVENUE; THENCE ALONG THE SOUTH LINE OF SAID SILVERADO AVENUE N.
89 0 00' W. 272.90 FEET TO A POINT OF CURVE IN SAID LINE; THENCE SOUTHWESTERLY
ON A CURVE TO THE LEFT TANGENT TO 7HE LAST DESCRIBED LINE, WITH A RADIUS OF
50 FET, THROUGH AN ANGLE OF 900 0' 30" AN ARC LENGTH OF 78.56 FEET TO A
POINT IN SAID EASTERLY LINE OF SARATOGA-SUNNYVALE ROAD; THENCE ALONG THE
EASTERLY LINE OF SAID ROAD S. 00 58' 30" W. 76.98 FEET TO THE POINT OF
BEGINNING AND BEING A PORTION OF THE NORTHEASTERLY 1/4 SECTION 24, T. S. ,
R. 2 W. , M.D.B. & B.
EXCEPTI.NG THEREFROM SO MUCH OF THE ABOVE DESCRIBED PROPERTY AS IS DESCRIBED
IN THE DEED FROM SILVER INVESTMENT COMPANY TO THE STATE OF CALIFORNIA,
DATED JANUARY 17, 1956, RECORDED FEBRUARY 28, 1956 IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BLOCK 3424 OF
OFFICIAL RECORDS, PAGE 403 AND EXCEPTING SO MUCH OF THE ABOVE DESCRIBED
PROPERTY AS IS DESCRIBED IN THE DEED FROM JAMES V. AVENI, ET UX, DATED
JANUARY 10, 1956, RECORDED MARCH 5, 1956 IN THE OFFICE OF THE RECORDER OF
THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 3430 OF OFFICIAL
RECORDS, PAGE 105.
EXCEPTING AT A POINT IN THE EASTERLY LINE OF SARATOGA-SUNNYVALE ROAD (60
FEET WIDE DISTANT THEREON SOUTH 00 513' 30" WEST, 310.00 FEET FROM THE
INTERSECT ION CF SAID LINE WITH NORTHERLY LINE OF SECTION 24, T. 7 S. , R. 2
W. , M.D.B. & M. , THE SAME POINT BEING THE SOUTHWESTERLY CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM JAMES AVENI, ET UX, TO
PENINSULA TITLE GUARANTY COMPANY, A CALIFORNIA CORPORATION, DATED JANUARY
2, 1953, RECORDED APRIL 30, 1953 IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN BOOK 2633 OF OFFICIAL
RECORDS, PAGE 189; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL OF LAND
ABOVE REFERRED TO SOUTH 890 00' EAST, 170.00 FEET; THENCE PARALLEL WITH
CONTINUED
SCHEDULE A �.y , ..`S t1jZ'I rI IrI I
CLIA Preliminary rlcpoN GU nn A NTY COMP ANY
�, t s r ,..yj f rt .F ,y��iL>
PARCEL ONE, CUNT' JI9 e7
.1PAGE 638
• SAID EASTERLY LINE Of SARATCX;A-SIMYWil i R(WJ), NO:HH 00 58' 30" FA',T,
127.00 FEET TO A POINT IN THE SOJTIIERIY LINT. O SILVERADO AVENUE AS SAID
`AVENUE IS SHOWN UPON THAT CERTAIN MAE' EN-1 MED. "TRAGI NO. 11100, SILVER
• MANOR", WHICH MAP WAS FILED FOR RECORD IN TILE OFFICE OF liIC RECORDER OP THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON NOVEMBER 17 ,; 1953 IN BOOK 46
OF MAPS, PAGE 30; THENCE ALONG SAID SOUJHE.RLY I. INF ,OF SILVEkADO AVENUE,
NORTH 890 00' WEST, 119.98 FEET TO A POINT OF CURVE IN SAIDILINE; THENCE
SOUTHWESTERLY ON A CURVE TO THE LEFT IAM;ENT TO LAST DESCRIBED LINE, WITH A
RADIUS OF 50 FEET, THROUGH AN ANGLE (IF 900 01' 30" AN ARC LENGTH OF 78.56
FEET TO A POINT IN SAID EASTERLY LIME (1 SARATOGA-SUNNYVALE' ROAD; THENCE
ALONG THE EASTERLY LINE OF SAID ROAD, SOUTH 00 58' 30" WEST, 76.98 FEET TO
THE POINT OF BEGINNING AND BEING A PORTION OF THE NORTHEAST ONE QUARTER OF
SECTION 24, T. 7 S.-, R. 2 W., M.D.B. f. M.
PARCEL TWO:
LOT 6, AS SHOWN UPON THAT CERTAIN MAP ENTITLED,. "TRACT NO. 1100 SILVER
MANOR", BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 7
SOUTH, RADE 2 WEST, M.D. B. & M. SANTA CLARA COUNTY, CALIFORNIA, WITCH MAP
WAS RECORDED NOVEMBER 17, 1953 IN BUOC 46 OF MAPS, AT PAGE 50_
EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS AS CONVEYED BY SILVER
INVESTMENT COMPANY TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY
QUIT CLAIM DEED DATED JANUARY 20, 1954, RECORDED .JANUARY 20, 1954 IN LIBER
2798 OF OFFICIAL RECORDS, AT PAGE 377, AN.) TO WHICH REFERENCL ES HEREBY
MADE FOR FULL PARTICULARS.
ARB: 371-01-015 AND 052
APN: 369-38-004 AND 003
COMMONLY KNOWN AS: 20422 AND 20432 SILVERN)O AVENUE
CUPERTINO, CA 95014
RECORDER'S MEMO
PAINt WRITING OR TYPINS .
OR CARBON COPIES MAKES •
anon PHOTOGRAPHIC RECOC
•
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•
Citi of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
May, 19, 1986
Larry Guy
Silverado Office Partnership
12280 Saratoga-Sunnyvale Road
Saratoga, CAA 95070
Doary,A4‘, /AA:7
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Silverado Office Partnership which
has been fully executed by City Officials, along with one (1) copy of
Resolution No. 6828, which was enacted by the City Council of the City of
Cupertino, at their regular meeting of Monday, May 5, 1986.
S' ,.- .a
40 ,
Brie ODN Di -7'4
CITY CLERK •
CITY OF C[JPE IO
DC/so
encl.
cc: Department of Public Works
9
P;
•ti
RESOLUTION NO. 6828
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE
LOCATED ON SILVERADO AVENUE, EAST OF DE ANZA BOULEVARD
DEVELOPER, SILVERADO OFFICE PARTNERHSIP, AUTHORIZING THE
CITY ENGINEER TO SIGN THE FINAL PLAN; AND AUTHORIZING THE
EXECUTION OF AGREEMENT IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval of
the final plan for the improvement of street frontage located on Silverado
Avenue, east of De Anza Boulevard, by Silverado Office Partnership; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, gutters, sidewalks, and
for other improvements, and good and sufficient bonds, fees and deposits
as set forth in Exhibit "A", having been presented for the faithful performance
of said work and the carrying out of said agreement; and said plan, agreement,
and bonds having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that said final plan for the improvement
of street frontage on Silverado Avenue be and the same is, hereby, approved;
and the City Engineer is hereby authorized to sign said final plan; and the
Mayor and the City Clerk are hereby authorized to execute the agreement herein
referred to in behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 5th day of May , 1986 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers
NOES: None
ABSENT: Sparks
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino
P'
RESOLUTION NO. 6828
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT Commercial
DEVELOPER Silverado Office Partnership
LOCATION Silverado Avenue East of De Anza Boulevard
A. FAITHFUL PERFORMANCE BOND: $8,500.00
Eight Thousand Five Hundred and No/100 Dollars
B. LABOR AND MATERIAL BOND: $8,500.00
Eight Thousand Five Hundred and No/100 Dollars
C. CHECKING AND INSPECTION FEE: $ 510.00
Five Hundred Ten and No/100 Dollars
D. Indirect City Expenses: $ 77.00
Seventy Seven and No/100 Dollars
E. Map Filing Fee: N/A
F. Development Maintenance Deposit N/A
G. Storm Drainage Fee: PAID
H. One Year Power Cost: N/A
I. Street Trees:. N/A
J. Park Fees: N/A
ZONE NO.
K. Water Main Extension Deposit: N/A
r: .
i,
AGREEMENT
SILVERADO AVENUE
(East of De Anza Blvd.)
This AGREEMENT made and entered into this
,-'day of .c 772 , 1.91‘ , by and between the
CITY OF CUPERTINO, a municipal corporation of the State of
California, hereinafter designated as CITY,
and SILVERADO OFFICE PARTNERSHIP heinafter
designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY
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
KIRKEBY & 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
•
•
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: $8,500
EIGHT THOUSAND FIVE HUNDRED AND N0/100 DOLLARS
Part B. Labor and Material Bond: $8,500
EIGHT THOUSAND FIVE HUNDRED AND N0/100 DOLLARS
Part C. Checking and Inspection Fee: $ 510
FIVE HUNDRED TEN AND N0/100 DOLLARS
Part D. Indirect City Expenses: $ 77
SEVENTY SEVEN AND NO/100 DOLLARS
Part E. Map Filing Fee: N/A
Part F. Development Maintenance Deposit: N/A
Part G. Storm Drainage Fee: PAID
Part H. One Year Power Cost: N/A
Part I. Street Trees: N/A
Part J. Park Fees: N/A
ZONE NO.
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
l
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 bands.
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, $50,000
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
GENERAL ACKNOWLEDGMENT
State of California1l On this the4th day of APRIL 19 R 6,before me,
1.
of Santa Clara 1 SS. T. M. BARNES
County of
the undersigned Notary Public,personally appeared
LAWRENCE J. GUY
O personally known to me
OFFICIALcFAI, ......._.•
� X)I proved to me on the basis of satisfactory evidence
T M BARNES\c„,„
to be the person(s)whose name(s) is subscribed to the
o
NOTARY PU9LIC - CALIFORNIA within instrument,and ack or led.•- that he executed it.
SAN FRANCISCO COUNTYWITNESS my and and .r al •.
My comm. expires AUG 5, 1986 7
ONotary's Signs,
w,e OFRtC1AL SEAL '
9
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: Ma A%lv._ 72 " M
or:
/� �•
y s/s/
SILVERADO OFFICE PARTNERSHIP
DEVELOPER
C\
\ N�
By: LAWRENCE J . GU , R NER
• Notary Acknowledgement Required
b
I
- Page 10
3E F OTPd1Y PU31 C - C'11JFORNIA
S'N FT'::CISCO COUNTY {
'
0��., �% My ccrnm, expires AUG 5, 1988
GENERAL ACKNOWLEDGMENT • NO.201
cc," rr rirrrri✓rrrri. -irrirrrr.�rrwC,CcCr-Crrrrrr--0-_rirrrrr-rrrrr. .dorrrrrrrrirrrrrrrrirrrrrr .i
c State of . _i.c�4_. On this their--/ day of 19 0„before me,
SS. � ry����"///�� � a
S County of �� ✓ 4 / / �-/er e a/Pe / 1J-3 g
• I" the undersigned Notary Public, personally appeared A
O 2ee1
guy ,
-�w� h �
ti
rtettC1GOtaOCfi1C>EIGOCDCI�czustexto I�. personally known to me
SX2i{S OFFICIAL SEAL J❑�proved to me on the basis of satisfactory evidence
/errDorothy Marie Cornelius to be the persons)whose name(s) 7S / subscribed to the ti
ti � ' ,uc CCALIFORNIA within instrument,and acknowledged that !��— executed It. ti
_LARA COUNTY
My Commission Expires April 1, 1988 tr$�� WITNES- y h•nd and official
U'GfiT�. officialsseeal. `
.:., .re+x9'occaGticxoctGxGpGfiiF -'I see', / L;:ei ��t'" 'O -cJ
S Not-. 's Signatur_ o
i
STATE OF CALIFORNIA )
COUNTY OF ) SS.
•
On this 21st day of APRIL , 1986 , before me the undersigned, a Notary
Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument 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 �J�
SHIRLEY.GONZALES Yt
-' N NOTARY PUBLIC-CALIFORNIA 6
g/' SAMA CIARA COUNTY (Notary blic)
i 'aa - My comm. expires SEP 12, 1986:
i . •
•
. I
ANNUAL PREMIUM $ 255.00
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements) 1
KNOW ALL MEN BY THESE PRESENTS: BOND NO 003224
THAT WE, STLRFPAnn QFFTf'F PARTNFRSNTP
as Principal and CAPITAL BOND AND INSIThANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California, is
the sum of EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS,
1 Dollars ($ 8,500 - )
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
A COMMERCIAL DEVELOPMENT
located SILVERADO AVENUE, EAST OF DE ANZA BOULEVARD �
in accordance with the approved improvement plans prepared by
KIRKEBY AND ASSOCIATES Civil Engineer
on file in the Engineer's Office, City of Cupertino, and incotporated 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 WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety this „2/ y' day of , 19 8"6,.
•
(To be signed by
Principal and Surety. Principal 1 -� J
Notary Acknowledgments
required.) J'APTTAT f1N❑ ANTI TNSTTRANCR COMPANY
Surety 1 /
By /1 ,
-. Attorney-in-Fact G.A .VAN BUSKIRK
The above bond is accepted and approved this day of -
19
•
6/17/85
•
t ,
LABOR AND MATERIAL BOND
(Subdivision Improvements) BOND NO 003225
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
SILVERADO OFFICE PARTNERSHIP
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
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 has not been paid by Principal or by any other person,
in the just and full sum of EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($ 8,500 ) .
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.
GENERAL ACKNOWLEDGMENT NO.201
State of �__Aar--
, �_. On this the-Pc-4 day of Cl/ Cyvu( 11 before me,
/ SS. —� ,_,/
County of Do R frZ7 Na/P/ C ;z72ZC��/S ti
T the undersigned Notary Public,personally appeared ti
it wAehd-e- CSS
�ticatiottramb0atateticatitslpersonally known to me
S OFFICIAL SEAL 0 proved to me on the basis of satisfactory evidence \' ' �q ' AUC CALIFORNIA
Dorothy Marie Cornelius
cJ
to be the person(s)whose name(s) IS subscribed to the 1
• _LARA COUNTY within instrument,and acknowledged that A e-- executed it.
My Commission Expires April 1, 1988 WITNE = hand and offi _ K
. 5 ,,,Fcc�
OGNOVncc9cxscxDccar / ti
of;;ry's Signat
STATE OF CALIFORNIA )
COUNTY OF ) SS.
•
• On this 21st day of APRIL 19 86 , before me the undersigned, a Notary
Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument 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.
i '
OFFICIAL SEAL -Agri
a, , SHIRLEY GONZALES
aA.1
NOTARY PUBLIC -cALIFORMA (Notary • blic)
tnl
• x SANTA C1ARA COUNTYmy comm. expires SEP 1Z 1986
•
•
.Labor and Material Bond - Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 2lstday of APRIL , 1986 \
SILVERADO OF CE P TNERSHIP
(To be signed by Principal Principal
and Surety. Notary
acknowledgments required.) CAPITAL BOND AND INSURANCE COMPANY
Surety
B k a Vil) ed
ttorney-in-Fact G.A.VAN BUSKIRK
The above bond is accepted and approved this day of
, 19
lV
.,u
/11
6/17/85
.- CAPITAL BOND AND INSURANCE COMPANY
003225 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 et I . ., •
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
FTFTY THOUSAND AND NO/ 100 Dollars($50,000.00)
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 91gr day of APRIL , 19 86
CAPITAL BOND AND I SURANCE CO.,
,----.
By Illiarc.—iist . / Al •.:
- STATE OF CALIFORNIA resident---7—t /
R
COUNTY OF RIVERSIDE ) '
ON this 2 1 s 1-day of APRIL A.D. 19 86 , before the subscriber,a Notary Public ofthe
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 *
* " GEORGE E. SPRENG *
}1J-tenF� * ; + NOTARY PUBLIC—CALIFORNIA
* , \ .; 8" NOTARY BOND FILED IN
* RIVERSIDE COUNTY
* My Commission Expires October 18,1988
otary Pub! 1*************************#'