87-050 Bryan Watkins and Marsha Watkins, Agreement Granting Ingress and Egress Easement, Resolution No. 7384 1 \
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jaw Citi of Cupertino
10300 Torre Avenue P.O. Box 580
• Cupertino, California 95014 Cupertino,California 95015
Telephone: (408)252-4505
DEPARTMENT OF THE CITY CLERK
March 23, 1988
Laurie Kane
Office of the Recorder
70 West Bedding Street
San Jose, CA 95110
•
DOCUMENTS FOR RECORDATION
We are enclosing for recordation the following documents.
1. Agreement Granting Ingress/Egress Easement, one (1) Original and one
(1) copy for Fast Endorsement. (Bryan/Watkins)
2. Declaration Running with the Land Compliance with Conditions, one (1)
Original and one (1) copy for Fast Endorsement. (James and Elizabeth
Sisk)
Thank you for your cooperation.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Planning
Randy Tsuda, Planner I
NO FEE IN ACCORDANCE
WITH 60V CODE 6103
9642968'
AGREEMENT GRANTING INGRESS/EGRESS EASEMENT
This instrument is made by Bryan/Watkins ET AL, herein
identified as follows:
Jeffrey C. Watkins and Marsha A. Watkins (owners)
Grover C. Bryan and Laura S. Bryan (owners ) . Kk4.8 5P,A6E-1 9 24
RECITALS
1 . Bryan/Watkins ET AL are the owners of certain real property
located in the City of Cupertino , County of santa Clara, State of
California described as :
All of Parcel A, Parcel Map 582 of Maps at page 3.
as shown on the attached Exhibit A incorporated herein by
reference.
2. Bryan/Watkins ET AL has applied for and has recieved
approval by the City of Cupertino of Use Permit No . 23-U-B7.
3. Said approval by the City of Cupertino was granted upon the
condition that Bryan/Watkins ET AL grant ingress/egress easements
am hereafter provided .
4. Bryan/Watkins ET AL desires to comply with said condition
and to provide for its implementation.
IT IS THEREFORE AGREED:
1 . Bryan/Watkins ET AL has executed this document and the same
shall be recorded in consideration of the City ' s approval .
2. GRANT OF INGRESS/EGRESS EASEMENT. Bryan/Watkins ET AL hereby
grants an easement to the owners of parcels of property in the City
of Cupertino bounded by Stevens Creek Boulevard , Pasadena Avenue,
and Granada Avenue and Imperial Avenue including but not limited to
the owners of the following specific parcels
357-17-12, 13, 14, 15, 16 ,31 ,32,34 ,35,36,37,38,39.
The easement is non-exclusive and shall be a private
right-of-way for the benfit of and appurenant to the
above-described parcels for the purpose of vehicle and pedestrian
NO nFEE
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1 State of California On this the •8th day of March 19 8$before me,
County of Santa Clara } Helen K. Yates 1
1 the undersigned Notary Public,personally appeared
r K 4 8 5 PAGE I 26 Jeffrey C. Watkins and Marsha A. Watkins
e� Grover C. Bryan and Laura S. Bryan ti
,°—; o. f.+occtccoonooexSSCcoc9SOCCIeoco ti
g personally known tome
S^� • p cT OFFICIAL SEAL' ti
e Ci 21 proved to me on the basis of satisfactory evidence
alui m I�; HELEN K. YATES they subscribed to the
C v 8 ';•`,'y y NOTARY PUBLIC-CALIFORNIA CALIFORNIA' O be the they whose name(S)
0 SANTA CLARA COUNTY ithin Instrument,and acknowledged that they executed it. N
1 a g My Commission Expires May 10, 1991 ITNESS my hand and official seal. 0
If. = CL9CIWIND'OOMCKMON9COCOCOCI96X9FO �/
Fv�r✓ Alti, Notar 's Signature 1
V' 1✓./Jj!!ljjjjl./J./J1.r./jJ_/!./!.l!!!j!!!j!1!/ljjJj./J!!Jljjjjl/jlJljj./!./Jj�ljjj/!./ljjlJ.l!!!J' ‘
GENERALACKNOWLEOGMENTFORM 7110052
K485P46E1925
access, ingress , egress, circulation over , along and across parcel
357-17-33 as depicted on Exhibit A, by the grantees, their heirs,
.administrators,executors, successors, and assigns, and their
customers, guests, invitees, contractors and employees.
3. LOCATION OF EASEMENT. The easement is located as follows:
"See attached legal descripion & map labled Exhibit "B"&"C"
4. CONSTRUCTION AND MAINTENANCE OF EASEMENT.
The roadway shall be constructed and maintained as follows: By
Bryan/Watkins ET AL . , their heirs, administrators, executors ,
successors and assigns.
5. GENERAL PROVISIONS.
a) No Public Dedication. Nothing contained in this instrument
will be deemed to be a gift or dedication of any portion of the
parcels to the general public or for any public purpose whatsoever ,
it being the intention of Bryan/Watkins ET AL that this instrument
will be strictly limited to and for the purposes €xpresed herein.
b ) Binding Eff€ct . This grant of easement shall run with the
land and shall be binding on and shall inure to the benifit of the
Byran/Watkins ET AL and the grantees, their respective successors
and any person or entity which at any time hereafter shall become
the owner of any one or more of the parcels or any portion thereof
described herein and in Exhibit A.
c ) Attorney ' s Fees. In the event of any controversy, claim or
dispute relating to this instrument or the breach thereof, the
prevailing party shall be entitled to recover reasonable attorney ' s
fees, costs and expenses.
d ) Entire Agreement . This instrument contains the entire
agreement relating to the rights herein granted and the obligations
herein assumed . Any oral respresontations or modifications
concerning this instrument shall be of no force and effect
excepting a subsequent modification in writing , signed by the party
to be charged, and the City of Cupertino .
IN WITNESS WHER_OF, the undersigned have executed this
Agreement s _ day of 2/2a-7.t...4 1988.
•
By: -- i 4, £0kit�MaiVV�
'
Je 1', ey C. kins ' drsha A. .r, ns
OrIf
Grover C. =ry>n , . .a_ a Bcyan
t,
EXHIBIT B K 485PAGE1928:
DESCRIPTION
INGRESS AND EGRESS EASEMENT
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, being an easement 25.00 feet in width for
ingress and egress purposes, described as follows:
The westerly 25.00 feet of the easterly 45.00 feet of Parcel "A" as said
Parcel is shown on that certain Parcel Map filed in Book 582 of Maps at
page 3, Santa Clara County Records.
if.
tAtr
ic4X Cites of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
January 6, 1981
Grover Bryan
2680 Bayshore Parkway, Suite 101
Mountain View, CA 94043
IMPROVEMENT,AGREEMENT - PASADENA AVENUE
Dear Mr. Bryan:
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Grover Bryan and Jeffrey Watkins,
which has been fully executed by City Officials, along with one (1) copy
of Resolution No. 7384, which was enacted by the City Council of the City
of Cupertino, at their regular meeting of Monday, December 7, 1987.
Sincerely,
DOROTHY CORNELIUS /4-1
CMY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
RESOLUTION NO. 7384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY
LOCATED AT THE NORTHWEST CORNER OF PASADENA AND GRANADA
AVENUES; DEVELOPER GROVER BRYAN AND JEFFREY WATKINS;
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS
WHEREAS, there has been presented to the City Council for approval
of the parcel map and improvement plans of property located at the Northwest
corner of Pasadena and Granada Avenues by Grover Bryan and Jeffrey Watkins;
and
WHEREAS, there has been presented to the City Council a proposed agreement
for the construction of streets, curbs, and gutters, and for other improvements,
and good and sufficient bonds (letter of credit) , fees, and deposits as set
forth in Exhibit "A" having been presented for the faithful performance of
said work and the carrying out of said agreement; and said map, agreement and
bonds having been approved by the City Attorney;
NOW, THERFORE, BE IT RESOLVED THAT
a. Said parcel map and improvement plans herein referred to are hereby
approved.
b. The offer of dedication for street areas and all easement is hereby
accepted.
c. The City Engineer is hereby authorized to sign said improvement plans.
d. The City Engineer and the City Clerk are hereby authorized to sign said
parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized to execute the agreement
herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of December , 1987 by the following vote:
Vote Members of the City Council
AYES: Johnson, Koppel, Plungy, Rogers, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ John M. Gatto
City Clerk Mayor, City of Cupertino
Resolution No. 7384
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Commercial
DEVELOPER: Grover Bryan and Jeffrey Watkins
LOCATION: Northwest Corner of Pasadena and Granada Avenue
A. FAITHFUL PERFORMANCE BOND: $22,000.00
Twenty Two Thousand and No/100 Dollars
B. LABOR AND MATERIAL BOND: $22,000.00
Twenty Two Thousand and No/100 Dollars
C. CHECKING AND INSPECTION FEE: $ 1,320.00
One Thousand Three Hundred Twenty and No/100 Dolalrs
D. INDIRECT CITY EXPENSES $ 200.00
Two Hundred and No/100 Dollars
E. DEVELOPMENT MAINTENANCE DEPOSIT: $ 1,000.00
One Thousand and No/100 Dollars
F. STORM DRAINAGE FEE: $ 266.00
Two Hundred Sixty Six and No/100 Dollars
G. ONE YEAR POWER COST: $ 22.00
Twenty Two and No/100 Dollars
H. STREET TREES: BY DEVELOPER
I. MAP CHECKING FEE: $ 210.00
Two Hundred Ten and No/100 Dollars
J. PARK FEE: N/A
K. WATER MAIN EXTENSION DEPOSIT: $ 1,400.00
One Thousand Four Hundred and No/100 Dollars
L. MAPS AND/OR IMPROVEMENT PLANS: N/A
-
AGREEMENT
PASADENA AVENUE
This ACRES ENT made and entered into this 7th day
of December , 19 87 , by and between the CITY OF
CUPERPINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and GROVER BRYAN & JEFFREY WATKINS
hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application-to the CITY for a
PARCEL MAP AND A BUILDING PERMIT
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 which 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."
1
•
• WHEREAS, pursuant to the provisions of this AGREEME2T, 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 Bond: $22,000.00 •
TWENTY TWO THOUSAND AND NO/100 DOLLARS
PART B. Tabor and Material Bond: $22,000.00
TWENTY TWO THOUSAND AND NO/100 DOLLARS
PART C. Checking and Inspection Fee: $ 1,320.00
ONE THOUSAND THREE HUNDRED TWENTH AND NO/100 DOLLARS
PART D. Indirect City EXpenses: $ 200.00
TWO HUNDRED AND NO/100 DOLLARS
PART E. Development Maintenance Deposit: _._ _.. $ 1,000.00
ONE THOUSAND AND N0/100 DOLLARS
PART F. Storm Drainage Fee: $ 266.00
TWO HUNDRED SIXTY SIX AND NO/100 DOLLARS
PART G. One Year Power Cost: $ 22.00
TWENTY TWO AND NO/100 DOLLARS
PART H. Street Trees: By Developer
PART I. Map Checking Fee: $ 210.00
TWO HUNDRED TEN AND NO/100 DOLLARS
PART J. Park Fee: N/A
PART K. Water Main Extension Deposit: $ 1,400.00
ONE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS
PART L. Maps and/or Improvement Plans: ' N/A •
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 shown 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.
(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 in accordance with existing
ordinances and resolutions of the CI'T'Y 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 worimonship meets the standards,
specifications, plans, sizes, lines and grades as set forth.
3
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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 AGREENE21T, 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. COCKING AND INSPECTION EEE
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 stun is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
7. INDIRECT E:TENSES
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) .
8. MAP CHECKING 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) .
5
9. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREEMENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and cleaning during the construction period. The development
maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or materials
appearing in said- work during the period until release of the improvement
bonds by the CITY. Should the DEVELOPER complete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the improvement bonds.
10. STORM DRAINAGE rr,r,
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) .
11. 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.
The amount shoo-in herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR R 7ER ODST
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.
13. THE TNSTAI2'AUION 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
fcwu the City approved list.
14. 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.
6
15. 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.
16. 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 15 above has been filed.
17. 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.
18. 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.
19. PAO.L±.LC GAS AND ELECTRIC/PACIFIC BELZ,
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PALLnC BELL Company any and all fees required
for installation of overhead and/or underground wiring circuits to all
electroliers within said property and any and all fees required for -
undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER is
notified by either the City Engineer or the Pacific Gas and Electric
Company and/or PALmC BELL Company that said fees are due and payable.
7
•
20. miasmas 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 sun 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.
21. HOLD FIRS
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 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 coi&Lcactors.
22. 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 thefull
limit of liability stated in the dolarations, 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.
•
S
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 juriAdiction 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.
23. MAPS 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 seven (7) prints of fully executed parcel 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 froze the development maintenance
deposit the cost for all prints of plans and map required under Item 23.
24. 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.
•
9
State of California
County of Santa Clara
On this a0 Z day of )tot xti., ;1192 before me, Rita A. Halter, a Notary
Pu lic in and for the County of Santa Clara, State of California, personally appeared
di
known to me to b thee /12S
person s) hos name (s) are subscribed to the within
instrument and acknowledged that • . hey. executed the same.
Witness my hand and official seal. -
'i RITA A. HALTER IcLa
NOTARY PUBLIC-CALIFORNIA
-"ft 4 • a SANTA CLARA COUNTY
i s Cr My Commission Expires Oct 26, 1968 - •
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 DEVELOPhE has hereunto caused his name to be affixed
the day and year first above written.
CITY OF C UPER INO:
Approved as to form: �! /4J . ef s
(7X /
or
City Attorney 4 At •••
City Clem
•
DEVELOPER:
Notary Acknowledgment Required .. i. �!i
Exhibit A Attached
.
10
(Rev. 5/9/86)
STATE OF CALIFORNIA, COUNTY OF Santa Clara ss.
On November 12, 1987 , before me a Notary Public, within and for the said
County and State, personally appeared Rochelle P. Woessner , known
to me(or proved to me on the basis ofsatifactory evidence)to be the person whose name is subscribed to the within instrument
as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he
subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney
in Fact. cruseeroeeesaweeneeenonelomammon
,ax-111: SUSAN MARIE EXLINEI
, NOTARY PUBLIC-CALIFORNIA /Lfl e6/4.4.4*O
I . 6
PRINCIPAL OFFICE IN d / '�/NOTARY PUBLIC
,r. ‘- SANTA CLARA COUNTY _
y Commission Expires June 29,1990 A
xr..e^_swuacntoaeeyGEgcemt9
/
STATE OF CALIFORNIA
On this ilri—ek day of , ,
_ % in the year one
COUNTY OFpd- 'tie, thousand nine hu red nd - e .y ,. -��Pin_i , before me,
i ,
r ' t' -q . gale, a Notary Public, State of California,
dujy commissions nd sworn, p /o(nally appear d
lr
now to b e persons whose names
A. HALTER eiJ,l� subscribed to the within instrument and acknowledged to me
cTh
BLIC-CALIFORNIA �YLARA COUNTY that / h executed the same.
Expires Oct.25. 1 OO8 IN ITNESS WHEREOF I have hereunto set my hand and affixed
m Aoffi ?1 l sea ihe County of
�' iii / i the day and year this certificate first
above written. •
Thisdocument
nova acts.lye general
l to act.as may be proper for use in of an attorney. ns / �2 � ` / a �
and in noway acts.oris intendedny to act.as a substitute forme advice of an attorney. NotaryPublic, State of California
4 , The publisher ecesnal make any warranty,either express orimplied as to the legal
¢ �,�t validity of any provision orlhesuitabilityoftheseformsinanyspecifictransaction. O(.' o�y /°P e
My commission expires
! d
Cuwrlerv's Fnrm Nn 12— Anlr11r111.1o.i..e...e..a n.._..__t in n c__ 11 r1r1_.
r
Bond Number: 1131529
ANNUAL PREMIUM $ 440.00
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Grover Bryan & Jeff Watkins
as Principal and Amwest Surety Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of TWENTY TWO THOUSAND AND NO/100 DOLLARS -
Dollars ($ 22,000.00
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
COMMERCIAL DEVELOPMENT
located PASADENA AVENUE
in accordance with the approved improvement plans prepared by
KIRKEBY & ASSOCIATES 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 12th day of November • 87
imp
(To be signed by ' .U_! l / -1/yt0
Principal and Surety. Pr • •a)/ /
Notary Acknowledgments
required.) •
est 'urety Insurance Company
Surer ,i
40r.
ey-in-Fact Rochelle P. Woessner
e above bond is accepted and approved this /NI: day of �/•p�f-4il7l/�/� -
R 19g.7.
RITA A. HALTER
4 rr,` +'�, NOTARY PUBLIC-CALIFORNIAy (� �a
..a � �. SANTA CLARA COUNTY
a. My Commission Expires Oct. 26, 1988
6/17/8° ` �''
r
!.
AMWEST SURETY INSURANCE CO. V
• P.O. Box 4500 „f) \,,,
Woodland Hills, CA 91365 G
(818)704-1111111-
POWER OF ATTORNEY
• KNOW ALL MEN BY THESE,PRESENTS{That AMWEST SURELY INSURANCE COPAY A\CALIFORNI• CORPORATION
does hereby make, constitute and appoint/, !
/'f Rohelle P Woesnsr 1\; \\
its true and lawful Attorney(s)-in-Fact, iW th full power and authority for and on.behalf of the company as surety to execute and
deliver and affix the seal of the company,thereto if a seal is required/Sondeundertakings,recognizances or other written obliga-
tions in the nature thereof,as follov s / / 7 \ \: \\\
Contract, Court, License t Permit'and MiscellaneousiEkinds.
and to bind AMWEST SURETTAjINSURANCEyCOMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant tbthese
presents,are hereby ratified and confirmed/This`appointment is made under and by authority of the following provisions of the By
Laws of the comSeny,whi'of the;Byywfull/force aEnd SUR Y ,4 CE
Article III,Sedtior�of the La is of<AMW ST;$U�TY INSURANCE COMPANY
This Power of Attorney is signedand sealed by facsimile underr and by the authority of the to lowingresolutio"n a opted by
the board of directors of.AMWEST,SUNETYf'INSUR47E:COMPAN ata meeting dui\aid bn CeceSnbe7�5 1975,' •
/I I , �� //
RESOLVED that the-president oranytwce president,in conjunction with the secretary orahy assistant secretary
may appoint attorneys in--fact,or agents with adthority`es fdefined or limited in the instrumenteyidencmgtthe appoint
ment in each�case,foriandi66n behalf of the companyto execute and deliver and affix the'seal;of the company towbonds.\
undertakings,rrecognizan'es,and suretyship Obligations`ef tilos;and said officers may remove.any such attorney-
in-fact or agent and r/evoke any.powerofattorney previously granted to such person. ' ' . ` '
Jf I /_ {i 1
7 RESOLVED FURTHER that'ally bond,'Undertaking, recognizance, or suretyship obligation shall be valid.and ' .
i
binding'upon/theicpmpan" 1 /
- (I) whenxsigned by the president'or any Vice-president and attested and sealed(If a seal be required)by any sec-
. retary or assistant.secretary ore /I '
Si) when signed bythe-president o Jany vice-president or secretary or assistant.secretary,and countersigned
and S'ealeditif.a seal berequired)by a,duly authorized attorney-in-factor agent:or .
- ,/(iiir''vhenduly executed and sealed(if a seal be required)by one or more attorneys-in-factor agents pursuant to and
within. he.limits of the authority evidenced by the power of attorney issued by the company to such person or persons.
/ /
RESOLVED FURTHER that the signature of any authorized officerand4the seal of the company may be affixed
b facsimile to,any power of attorney or certification thereof authorizing the execution and delivery of any bond,under-
" eking,`recogniza e,or other-suretyship obligations of the company;and such signature and seal when so used shall
,havi3'lhe`ea'e fdree,and'effect as though manually affixed.
IN WITNESS WHEREOF,AMWEST SURETY INSURANCE,COMPANY has causedthese presents to be signed by its proper of-
ficer, and Its corporate seal to be hereuntoaffixed this 1st day of, April 19 85
- AMWEST SURETY INSURANCE COMPANY
I:et141NSIIP44(:\'
/4' Cal ////���, ///,
/x 4O.PORI„F <• Sa� / /'
I, .Ir j ^'� Gary.R.,Peterson,-President
lei/VV/V AV COLlet.01,,
Karen G.Cohen,Secretary ,
STATE OF'CALIFORNIA, COUNTY OF LOS ANGELES— ss
On this 1st day of April A D 19 85 ,personally came before me Gary R. Peterson
and Karen G. Cohen to me known to be the individuals and!officers of AMWEST SURETY INSURANCE,COM-
PANY,CALIFORNIA who executed theabove instrument,and they each acknowledgedthe execution of the same,and being by me
duly sworn;did severally depose and say:that they are the said officers of the corporation aforesaid and that the seal affixed to the
above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers wereduly affixed
and subscribed to the said instrument by authority of the board of directors of said corporation.
u,-•y,. OFFICIAL SEAL /
4 JANICE DRUEZ (SEAL) '- ,
; �� NOTARY PUBLIC-CALIFORNIA / �.-�. _et, -
1 11/4`Wind, LOS MRGELES away Notary Public
ti - My comm. expires MAY I, :1989
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss
-.- ._ CERTIFICATE;,.
I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation,DO
HEREBY CERTIFY that the foregoing and attached Power of Attorney remains In full.,force and hasnot been-revoked,and further-
more that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force. - '
Signed and sealed at San Jose,. CA. this, 12th' day of NNovembb eeJr , ' 19 87
,Pf1NINSUR,I,,>. . 6( WJt
/, col l
.wRPoR
;:/ r'P 1fr'e :1 Karen G.Cohen,Secretary
1R
1 . R
t‘
C4IINORMI=_
LABOR AND MATERIAL BOND Bond Number: 1131529 •
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:.
WHEREAS, the City of Cupertino, State of California, and
Grover Bryan & Jeff Watkins
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;
andincorporated 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
Amwest Surety Insurance Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, -persons,—companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or 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
TWENTY TWO THOUSAND AND NO/100 DOLLARS
($ 22,000.00 ) .
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.
ii
STATE OF CALIFORNIA, COUNTY OF Santa Clai a ss.
On November 12, 1987 ,before me a Notary Public, within and for the said
County and State, personally appeared Rochelle P. Woessner , known
1 to me(or proved to me on the basis ofsatifactory evidence)to be the person whose name is subscribed to the within instrument
as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he
subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney
in Fact. nom^rnnuuuu®urnururn �^
t"�� SUSAN MARIE EXLINEE �'U/ten it" 4e ;
NOTARY PUBLIC-CALIFORNIA [ Inger PUBLIC
a PRINCIPAL OFFICE IN C
'' SANTA CLARA COUNTY g
My Commission Expires June 26,1990 13
Q�pprmmeeeee-Qyr
• STATE OF CALL ORNIA On this• is iv day of fe `�/ in the year one
COUNTY OF gm, th and ziAnne hun r d and � � _L. before me,
-h ' <!, &Ian e /a Nota Public, State of California,
d commissioned nd sworn, pe onall •ppeared
+t';:.:: '•,. known t,�9e o be th 'person S whose names
RITA A. HALTER
`� ti...,4 : NOTARY PUBLIC-CALIFORNIA s�rrubscribed to the within instrument and acknowledged to me
;t, `:: / a SANTA CLARA COUNTY that executed the same.
-44'*a 'r' My Commission Expires ires Oct.26, 1988
`•-•••,..41 � a IN ITNESS WHEREOF I have hereunto set my hand and affixed
t °°" my r fficial s•al in / County of
-q—i—ez, - i the da and ye oin this certificate first
above written. '
Thisdocument cegaya9forwhichmmay be proper or use in stransactionsAy l ,(J
` t7i and innowayacis.orisntendeaorct.asasubseorheaaviceofanaorne .
Notary Public, State of California
The publisher does no!make any warranty.either express or mplied as la the legal
validity of any provision or the suitability of these corms in any soecilic transaction. 412. ,&e/ //CO.'''.My commission expires (f(�
Cowdery's Form No. 32—Acknowledgement— General tC_ a Ser. 11 anns
Labor and Material Bond Page 2
m
And the said Surety, for value received, hereby stipulates , and agrees
i that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 12th day of November , 19 87
le i ' _
_, 7, .. Alt,..., a I /
Prin, i.-
(To be signed by Principal
and Surety. Notary
acknowledgments required. ) Amwest Surety Insurance Company
Suret
OP /
• • - -y-in-Fact
______ -_. _ Rochelle P. Woessner •
' • I The above bond is accepted and approved this fit/ day of
, 19,7 . -
_
/1) 6--- AftC>
v F`�� ' :', RITA A. HALTERt NOTARY PUBLIC-CALIFORNIA
,, ;'.�d ` '•. 0 SANTA CLARA COUNTY
. ,
;j My Commission Expires Oct. 26, 1988
l
6/17/85