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88-020 Fruitvale Saratoga Ave Associates, Improvement Agreement, Resolution No. 7482 t AGREEMENT JAMESTOWN AT PROSPECT This AGREEMENT made and entered into this 2 /1.-.4---4 day of 522 , 19ft , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter • designated as CITY, and Fruitvale Saratoga Avenue Associates hereinafter designated as DEVELOPER. WITNESSETH • WHEREAS, the DEVELOPER has made application,to the CITY for a PARCEL MAP AND A BUILDING PERMIT to construct ardmaintain a SINGLE FAMILY DWELLING CONSTRUCTION hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by JENNINGS McDERMOTT & REISS, INC. a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEPEAS, the same are incorporated herein by reference, the same as though set out in full; NOW, TBEREFORE, 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 AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: • SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: • PART A. Faithful Performance Bond: $22,000.00 TWENTY TWO THOUSAND AND NO/100 DOLLARS PART B. Labor and Material Bond: $22,000.0 TWENTY TWO THOUSAND AND NO/100 DOLLARS PART C. Checking and Inspection Fee: $ 1,320.00 ONE THOUSAND THREE HUNDRED TWENTY AND NO/100 DOLLARS PART D. Indirect City Enses: $ 198.00 ONE HUNDRED NINETY EIGHT AND NO/100 DOLLARS PART E. Development Maintenance Deposit: _._ $ 1,000.00 , ONE THOUSAND AND NO/100 DOLLARS PART F. Storm Drainage Fee: $ 665.00 SIX HUNDRED SIXTY FIVE AND NO/100 DOLLARS • PART G. One Year Power Cost: $ 36.00 THIRTY SIX AND NO/100 DOLLASR PART H. Street Trees: BY DEVELOPER PART I. Map Checking Feer $ 210.00 ' TWO HUNDRED TEN AND NO/100 DOLLARS PART J. Park Fee: $11,886.00 ELEVEN THOUSAND EIGHT HUNDRED EIGHTY SIX AND NO/100 DOLLARS • PART K. Water Main Extension Deposit: N/A • PART L. Maps and/or Improvement Plans: N/L PART M. 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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 Departrnent 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 CLY 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. QUI'I'CL M 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. • 5. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CLTY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sums of said faithful performance • bond shall be the full cost of any payment to be made under this AGREEXENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are tobe made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CPPV shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. 4 . 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 emenf s of Government Code Section 66499 (b) or (c) . C. The amort 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. COCKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all nerassary direct expenses for inspection, checking, etc., incurred by CITY in connection with said P eject, 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) . S. 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 ncnuments, 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 worlaanship 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 i ravement bonds. 10. STORM DRAINAGE I Z 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, 1.977, in the amount as set forth herein at Page 2 (Part F) . 11. VThTER MAIN E}CCENSION 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 inplement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 12. ONE YEAR PCWER 0 sT 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 INTECI TION 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 frena 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 3, Page 2 herein. 6 • 14.A. PARK FEE ADJUSTMENT PROVISIONS The value of the lard used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires fonal confirmation. The CITY shall crcloy a qualified local appraiser to provide a market value of the land. The City will calculate the "Park FS" based on the aporai 1 . The nevelows agrc s to pay for any deficiency,within thirty. (30) days and the City agrees to refund overage within thirty (30) days. Adjustrants shall be made prior to acceptance of the subdivision iirrovetrents. 15. MA—T 1T=PNC OF VKDRK • It is further agr i that the DE flQPER shall maintain the Work unr;1 all deficiencies in the Work are carrot-1 to conform to the Plans and the City starc'ards and specifications for the Work. The DE"flQP. s±w1 l , u on written notice thereof, i arr iately reair or replace, without cost or obligation to the. City of Curer-tine, and to the entire satisfaction of mid CT.Y, all defects and e_re-ions arising cut of or due to faulty work<,arship and/or materials atce ring in said Work. 16. 6.2,1I_'A= DIS ICT It is further agr�-1 that the DEaaVER shall file with C'T1Y, moon execution of this A.Ct[_.ENT, a letter' frau the Copal-ttin° Sanitary District stating that the DEVa0PER has into a separate Areirf with the -aid 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 confonanca with, the provisions as set forth in • Paragraph 15 above has been fled. 17. CF'NT CODE - It is further agreed that DEVflQi .k shall file with an, =on execution of this a, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Cmp, pertaining to sial assessr„ents or bonds, have been =lied with. 18. CD?IPAL Fila DISTRICT • It is further agreed that the DEVELOPER shall file with the an, tson exec tion of this ACRE MEN?, a letter from the Central Fire Prot- tion District of Santa Clara County, stating that the DEVfOP;'4 has entered into an 1 ' TT with said Districtto install fire hydrants to serve said Project ani stating that all necessary fees have been deposited with said District to insure ins•711ation and. five (5), year rental fee of said hydrants. • 19. PALibu.0 GAS AND EIEC T";rIC/PACSFIC BELL It is further a a that the DEVELOPER shall pay to Pacific Cas and Electric Ccasany and/or to PAL_LeIC FFIT, Company any and all fees required for ins211 ation of everhoPri ani/or un dergrouni wiring circuits to all • electrolie_rs within said property and any and t all fees raliiire for - unde_rgrounding as prcviriai in Ordinance No: 331 of CLTY when DEVELOPER is • notified by either the City Engine or the Pacific Gas and Electric Ccnpany and/or PACIFIC FFTr! Co many that said fir-s are dno and payable. • 7 • 20. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way nor scary 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 he included in said sun 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 HARMLESS It is further agreed that, cotmnencing 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, ense, damage or liability, or claim thereof, r racioned 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. 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 aid 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 insure . Said separate policy shall provide bodily injury and property damage coverage to the foregoing ' - named CITY and indiviemnis 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. • 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 DEVELOP shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOP 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. 23. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVECAP'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 DEVELOP agrees to pay the CITY from 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, surra sor, assignee and transferrer of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. • • • 9 CAT.NO.NN00636 TO 1954 CA(9-84) I (Corporation as a Partner of a Partnership) _11 T9COR TITLE ONSURANCE ' STATE OF CALIF NIA 1 COUNTY 'F iI' 1 (i ,e-, f • On a ..t.. 'i -JOY /,- - efore e, the undersigned, a Notary Public in and for said State,personally appeared i.&) t B' w personally known to me or proved to me on asis of�sfary evidence to be the person who executed Li the within instrument as the - President,a.,1 x w . . . of a . . . .., ... _. . ._ . . 1 the corp ratipn that executed a within intro instrument on behalf of t,M,iita-Br, .Lit4.ga� ile A/IA A Pt n f.-7 the partners 1p that executed OFFICIAL SEAL the within instrument, and acknowledged to me that such ye i DIANE M. SEEBER PUBLIC- corporation executed the same as such partner and that Sr NO ARY SANTA CLARA COUNTYNIA such partnership executed the same. .----,7 My Comm.Expires Expires O<s sed,19899 WITNESS my hand and official seal.�l. �5l,%qt Signature Al J /YO/ £// /•-01166.A (Th;c fnr nffir1.1 nem-axial coon . • • • • 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: to fral •at Approvsed orm: Al Ir. „id ,/ a- City Attorney City Clerk DEVELOPER: v1 Notary Aciaraledgmerrt Required nchibit A Attached - • • • • 10 (Rev. 5/9/86) • . , EXHIBIT "A" Lc . • Of I CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) Y 04/20/88 PRODUCER .• THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. WINTHROP INSURANCE PLANS 369 PINE STREET, SUITE 320 COMPANIES AFFORDING COVERAGE SAN FRANCISCO, CA 94104 COMPALETTER CNA CNA INSURANCE COMPANIES COMPANY B INSURED LETTER FRUITVALE - SARATOGA AVE. ASSOC COMPANY A LIMITED PARTNERSHIP LETTER KELLY GORDON DEVELOPMENT CORP. , COMPANY D GENERAL PARTNER LETTER 12241 SARATOGA - SUNNYVALE RD. COMPANY E SARATOGA, CA 95070 LETTER •COVERAGES • • THIS IS TO CERTIFY THAT 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 CONDI- TIONS OF SUCH POLICIES. LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM EFFECTIVE POLICY RATE MOONION Y) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE _Si ,0 0 0 . X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $1 ,000 X COWS MME [ OCCURNENCE 500451173 6/1/87 6/1/88 PERSONALIS ADVERTISING INJURY $1 . 000 A OWNERS&CONTRACTORS PROTECTIVE EACH OCCURRENCE $1 , 0 0 0 FIRE DAMAGE(ANY ONE FIRE) $ 50 - MEDICAL EXPENSE(ANY ONE PERSON) $ 5 AUTOMOBILE LIABILITY ANY AUTO rillALL OWNED AUTOS700635186 6/1/87 6/1/88 SCHEDULEDAUTOS A, XHIRED AUTOSNOW NON-OWNED AUTOSROM GARAGE LIABILITY, EXCESS LIABILITY AGGREGATE OTHER THAN UMBRELLA FORM - STATUTORY WORKERS'COMPENSATION $ (EACH ACCIDENT) AND $ (DISEASE-POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/RESTRICTIONS/SPECIAL ITEMS PROJECT: JAMESTOWN CERTIFICATE HOLDER - CANCELLATION •• - CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. 10300 TORRE AVENUE PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CA 9 5 014 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CUPERTINO,0 3 0 0TOR LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED R % ESENTAT1yE Y �/ � t •••••? (/" , — � "" 1(eili✓ - ACORD 45=S(11)85) - y f „ ©IIR/ACI),ii1D CORPORATION 1985 POLICY NUMBER: 500451173 COMMERCIAL GENERAL LIABILITY • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 OF CUPERTINO & MEMBERS OF THE CITY COUNCIL OF THE CITY OF CUPERTINO, INDIVIDUALLY & COLLECTIVELY, & THE OFFICERS, AGENTS, & EMPLOYEES OF THE CITY INDIVIDUALLY & COLLECTIVELY (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 organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. IN THE EVENT OF CANCELLATION OR REDUCTION IN COVERAGE, THE ADDITIONAL INSURED SHALL BE GIVEN 30 DAYS PRIOR WRITTEN NOTICE. CG 2010 11 85 Copyright. Insurance Services Office, Inc., 1984 0 (Individual) STATE OF CALL ORNIA ,q,,, /1�� SS. COUNTY OF U '�abt 42/ 1 On �� (leg eg before me, the undersigned, a Notary Public,in and for laid State, personally appeared Id REJEAI J. Ilge_z_V CCN � known to me to be the person__whose name f,'S subscribed • • �' '� ,j f - OFFICIAL SEAL t to the within instrument and acknowledged thatA ()— executed �t DDNNA L PRDBERI executed the same. !' NOTARY PUBLIC-CALIFORNIA WITNESS my�'d and of cial 6yA34(1. ae+Frl SANTACIAM COUNT Ul")(y � 1 M9Camm.EFGire,5eP135.1991SignatureI /rt Fr . ,A/NM X . P2 /27 --- Name (Typed or Printed) - . . a > - .- e"tj. •Qa%Ta7107/./ VUS �!O ri�•7l ilU-1 (k_' "" `"�'erLm .w!c''`-"DaIa . •3 277/ vaT int u7 a7--in r 6861 LZ Rely sand wwaol f • / , J r Fiva-,roir q7 A1NnO3Q3S VeJNtls Ka, /� 'i 14472 �' 1O4nV3-polo , . aiexanva nenaeaaloA lNS#r� / v{ NHS VIN8D8 tS t � r7rn✓1:I0 a77l77L77s7! rT_�o7Jv0r' ti qn a 77J • 1Y35ltlgljl0 ` 9 J vu/�;;.t/ 7v5 a7 - vv;ru . --7-, z�77)7/ .srm' --,"c'0 avov7/an int rvvd7aQJ vovVvnvu p7/7 r7;rte i'n7/v' vo o,' Y 7)7 0 w :7a Va 77. I' 2/iJ iii^.,T:/:J�r d�0 'JJ !l7_ 'vo a7/ .rY of 7 azy /iv-77)v 7/0 777Erd 7 iro 'Ja /%b'7/aa0vit i1070V7i 07 vai a7/r a:'. �� Ofi �r)a(lOvi/ SE.ZAE'I ESa3aj, ila7iD7?My +;Tn7/o7vad ` a77v7V, /ivv70N 77 aunts 'e.zagzag a7:7 zvo%v 188 5l . itz y /° /71)p t? 7; 7!0 w( ( oov / vis ro r vnoJ V J /0 3t2'tS Bond No . 04-NAA-004381 ANNUAL PREMIUM $ 660 . 00 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE, Fruitvale-Saratoga Avenue Associates as Principal and Meritplan 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 SINGLE FAMILY DWELLING CONSTRUCTION located JAMESTOWN @ PROSPECT ROAD in accordance with the approved improvement plans prepared by JENNINGS McDERMOTT & HEISS, INC. 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 19th day of April , 19 88 Fru . ale-Sar oga Av Fre ssociates (To be signed by ,Principal and Surety. Principal -Notary Acknowledgments required.) Meritplan Insurance Company Surety p By: S " - Teresa LaVrar Attorney-in-Fact The above bond is accepted and approved this day of 19 — 6/17/85 Bond, /'f04-NAA-004381 Premium: Included in Perf. Bond LABOR AND MATERIAL BOND • (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and _ridtvaln-Snratn•a klienuP Acsnriates 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 Meritplan 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 materialmea, -persans, -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. (Individual) STATE OF CALIF9RNIA Janda. ��� ss. COUNTY OOFK7- t tOn C' X atw, Re before me, the undersigned, a Notary Public in and for said L State, personally appeared Brian. Jr Kelly y w - ta known to me a to be the person__whose name /.5 subscribedl,, to the within instrument and acknowledged that_ lite (O2 t I executed the same, si..te OFFICIAL SEAL WITNESS my hanr nd official I. CA; � DONNA L PR9 RT gce �,b� NOTARY PUBLIC-CALiFOBNIA ��L,d / / // / /� \civ p% SANTA CLARA COUNTY 1 t Signature e / / / W' My Comm Expires Sep'25,1991 I any Name (Typed or Printed) S San iitaacLaco, Siafe o;"_ CaLL oamia It a ILabor and Material Bond Page 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or additon 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 addtion 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 19th day of April , 19 88 . Fruitvale-S toga Avenue A tes (To be signed by Principal By: 'L%2 and Surety. Notary (Principal acknowledgments required.) Meritplan Insurance Company (Surety) By: &-v4.c.ciA- \ -2yW( /W`_1 Teresa Lavrar,' (Attorney-in-Fact) The above bond is accepted and approved this day of ,19 a MERITPLAN Insurance Company • 3349 MICHELSON DRIVE.IRVINE.CALIFORNIA 92715-1606 5 GENERAL POWER OF ATTORNEY Know All Men by These Presents,That MERITPLAN INSURANCE COMPANY,a corporation duly organized and existing under the laws of the State of California, and having its principal office in Irvine, Orange County, California. does by these presents make, constitute and appoint TERESA LAVRAR & K. DIXON WRIGHT of San Francisco and State of California its true and lawful Attorney(s)-in-Fact.with full power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver $1,500,000 ANY AND ALL BONDS and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the • Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Meritplan Insurance Company at a meeting held on the 11th day of February, 1974. "Belt Resolved,that the President,any Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section I.Attorney-in-Fact.Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements of indemnity and other conditional or obligatory under- takings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "In Witness Whereof Meritplan Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto at1i.. �_.•'.. 'th day of April .A.D.. 19 87 �P iv MERITPLAN INS RANCE COMPANY By Incorporated K. R. Huckabay State of California * Dec. 10, 1952 * • ss.: County of Orange IFORNIP On this 29th day of April . in the year 1987 . before me P. G. Robbins , a notary public, personally appeared K. R. HuckabaV ,personally known to me to be the person who executed the within instrument as Vice President ,on behalf of the corporation therein named and acknowledged to me that the corporation executed it. ,' OFFICIAL SEAL- i� ���' '� `'• P.G. ROBBINS ' �" +� r MOt1ry Public-Callfotnla v`L.. ;�->' •!.'L�••'� teit-i'' � P. G. Robbins Notary Public I -4/40"" UpCo n.Thy.Aug.4.1989 I,the undersigned Secretary of Meritplan Insurance Company,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Meritplan Insurance Company at a meeting duly called and held on the I 1 th of Feb- ruary 1974,and that said resolution has not been amended or repealed: "RESOLVED,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation,may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation,and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Com any, at Irvine,California,this 19th day of April , 19 8t5 . 41-200R1 86 Secretary