88-029 Tung-Kuang Sung and Chin-Mei Sung, Improvement Agreement, Stelling Rd and Rainbow, Resolution No. 751110300 Torte Avenue
Cupertino, California 95014
Telephone: (406) 252-4505
DEPARTMENT OF THE CITY CLERK
June 13. 1988
Cih1 of C14pel'til1o
Tung-Kuang Sung & Chin-Mei Sung
171 Connermara Way
Sunnyvale, CA 94087
IMPROVEMENT AGREEMENT -STELLING ROAD AND RAINBOW
P.O. Box SOO
CLlpertino~ California 95015
We are enclosing to you for your files one (1) copy of the Agreement
by and'between the City of Cupertino and Tung-Kuang Sung and Chin-Mei
Sung, which has been fully executed by CityOffieials, along With one
(1) copy of Resolution No. 7511 which .was enacted by the City Council
of the City of Cupertino, at their regular meeting of Monday, June 6.
1988.
Sincerely,
d.., -." fl .............. ..I!.u./ » ~ y..t.
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
ene!.
cc: Department of Public Works
,
}.
RESOWl'ION NO. 7511
A RESOWl'ION OF THE CJ!1!'i a:xJNCIL OF THE CJ!1!'i OF a:JPERrINO
APP.OOVING PARCEL MAP AND DlPROVEMENl' PLANS OF P.ROPERI.Y IDCATED Nr
THE SOOI'HWEST CORNER OF S'l'ELLlNG AND RAINB:M;
DEIIEIOPER, 'lUNG-l:<I.l1!NG SUNG AND CHlN-ME:I SUNG;
At1IHORIZING EXECUrION OF DlPROVEMENl' AGREEMENT;
At1IHORIZING SIGNING OF PARCEL MAP AND DlPROVEMENl' PLANS
WHEREAS, there has been presented to the City Council for approval of
the parcel map an:! in1prove.ment plans of property lo::ated at the southwest
comer of Stelling an:! P.a:inboW' by 'I\lng-RlJ.a:nq Sung an:! a:lin-Mei SUng; an:!
WHEREAS, there has been presented to the City COUncil a proposed
agreement for the construction of streets, cu:ri:ls, am gutters, an:! f=
other in1prove.ments, and gcxxl an:! sufficient bonds (letter of credit),
fees, an:! deposits as set forth in Eld'l.ibit "A" having been presented f=
the faithful performance of said YoIOrk an:! the canying out of said
agreement; an:! said map, agreement am bonds having been approved by the
City Attorney;
NCM, 'I'.ElEREFl:lRE, BE rr RESOLVED THAT
a.
b.
c.
d.
e.
said parcel map an:! in1prove.ment plans herein referred to are
hereby approved.
The offer of dedication f= street areas an:! all easements are herebya~~. '
The City ED]ineer is hereby authorized to sign said in1prove.ment
plans.
The City ED]ineer an:! the City Clerk are hereby authorized to
sign said parcel map an:! have it reCorded.
The Mayor an:! the City Clerk are ~ authorized to execute the
ag:reem=nt herein referred to.
PASSED AND 1\OOprED at a
city of OJ.pertino this 6th
foll~ ~:
regular meeting of the City COUncil of the
day of I June , 1988 by the
RESOIlJI'ION NO. 7511
EXHIBIT "A"
SCHEIXJIE OF B:lND, FEES, AND DEK\SITS
IDCATION: stellin;!' Road an::l Rainl::x:lw Drive
A. Faithful Perfonnance 80m:
Forty-four Thousani an::l no/IOO !):)l1ars
B. labor an::l Material Bon:1:
Forty-four Thousan:i an::l no/IOO !):)llars
C. Oleck:ing an::l inspection Fee:
Two Thousan:i Two HUrdred an::l no/IOO
D. In:1.i.recI:: City Expenses:
'lhl:ee Hun:1red Thirty an::l no/100 !):)llars
E. DeVelopment Maintenance Deposit:
one Thousan:i an::l no/100 !):)llars
F. storm Drainage Fee:
'lhl:ee HUrdred Ninety-six an::l 67/100 !):)llars
G. one Year Fower Cost:
H. street Trees:
I. Map Oleck:ing Fee:
Two HUrdred Ten an::l no/100 !):)l1ars
$44,000.00
$44,000.00
$ 2,200.00
$ 330.00
- $ 1,000.00
$ 396.67
$ N/A
By DeVeloper
$ 210.00
J. Park Fee: $ 8,370.00
Eight Thousani 'lhl:ee HUrdred seventy an::l no/100 !):)llars
K. water Main-Eld:ension Deposit N/A
L. Maps and/or I:mprovelOOl'lt Plans: As specified. in Item 23 of Agreement
M. Traffic Signal Deposit -SouthWest COrner: $ 5,000.00
Five Thousan:i an::l no/100 !):)llars
\
RESOIlJI'ION NO. 7511.
vote MernI:lers of the City council
AYES: Koppel. Plungy. Rogers. Gatto
NOES: None
ABSENT: Johnson
ABSTAIN: None
lsI John M. Gatto
Mayor, City of CIlpert.ino
lsI Roberta A. Wolfe
Deputy City Clerk
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" , A, G R E E 11 E' N T
STELLING ROAD AT RAINBOW DRIVE
'This AGRrnIDIT made and ente..'I'"€d into this _________ _ day
of, __ ~Fse~b~r~u~a~rwv~--------19~, by and 1:et:'.vee.'1 the crrY. OF
OJPE!<I'INO, a municipal corporation of the State of california, hereinafter
designated. as CITY, and TUI;g-Kuang Sung & Chin-'-Mei Sung
he..>-einafter designated as DEVEIDP" !'{.
WIT N E S S. ~",T H
1>lHERE.'IIS, the DEVEIDPER has made application to the CITY for a
PARCEL MAP AND BUILDING PERMIT
to consb::uct and maintain a single-family dwelling
he...>-einafter refeo:ed to as "Project."
l'lflEREAS, crrY: hereby approves the improvement plans and sp=cifications
prepared for t.~e Project by Bay Area Consultants, Inc.
a true copy of web improv€!!l:ent plans and sp=cifications are on file in
the office of the City Engineer of Cupertino; and
t.b.ough set cut in full;
~m, 'lREREFORE, said improve.rrent plans and sp=cifications shall 1:e
hereir.afl:er called the "Plans," and the I-.'Ork to 1:e done ur.der the Plans
shall be caJ.led t.~e ,.work."
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" w"HEREllS, pursuant to the prcvl.SlOns of t.'1is AGREE}!ENT, t.''le CITY r.e....reby
established the am:JUJlts of Bonis, Fees, ard I:ep:::sits as set forth i:-l t.'1,e
follc"dng schedule:
SCHEIUIE OF OONJ:S, FEES A.'lD DEFOSI'IS
street L'11provE!t\e."lt category:
Pl'RI' A. FaitlLf'ul Perfo:t::rnance Bond: "
FORTY-FOUR THOUSAND AND 00/100 DOLLARS
PARI' B. Lal:or ard Material Bond:
FORTY-FOUR THOUSAND AND 00/100 DOLLARS
Pl'RI' C. Cher..king a.~ Inspection Fee:
TWO THOUSAND TWO HUNDRED AND 00/100 DOLLARS
PARI' D. Indirect city Expenses:
THREE HUNDRED THIRTY AND 00/100 DOLLARS
PARI' E. Davelop!l1"'nt l-f.aintenance I:eposit:
ONE THOUSAND AND 00/100 DOLLARS
PARI' F. stor.n Drainage Fee:
THREE HUNDRED NINETY-SIX AND 67/l00 DOLLARS
PA.~ G. One Year Pcwer Cost:
PARI' H. street Trees: By Daveloper
PARr I. l-f.ap Checking Fee:
TWO HUNDRED TEN AND 00/100 DOLLARS
PARr J. Park Fee:
$ 44,000.00
44,000.00
2,200.00
330.00
1,000.00
396.67
N/A
BY DEVELOPER
210.00
8,370.00
EIGHT THOUSAND THREE HUNDRED SEVENTY ~J{O 00/100 DOLLARS
Pl'Rr K. Water Main Elct:ension Ceposit: N/ A
P.!IRr L. Naps an:l,Ior Ilnprovernent Plat's:
PART M. Traffic Signal Deposit
FIVE THOUSAND AND 00/100 DOLLARS
(Southwest Corner)
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AS SPECIFIED IN ITEM 23
5,000.00
".
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NCW, THEREFORE, IT IS HEREBY 14!JItJAILY i'..GREEIl by a.'1d beo,een the
parties hereto as follews, TO WIT:
1. DEDICITION
A. 'rne DEVELOPER offers to dedicate t.l-Je real prope..rty shoNl1 on
Eld'.ibit "A", which is attac..'1ed hereto <'u>:l. made a part hereof by reference.
Said dedicated property shall be free ar.d clear of all liens or
pt ~" whi""" ~I -"-11 ' " 't' Th el1curobnmces exce CHose c... CHe 4J.~.L Su.a . .!._ wa~ve ill wr~ Ll'1g. _ e
DE\~PER agrees not to revoke said offer of dedication, and to keep said
offer open u.~til the CITY accepts offer by resolution.
B. Upon execution of this AGREEMENT t.'1e DEVELOPER agrees to
deliver a properly executed grant deed to t.l;e CITY of the real property
described in Exhibit "A", and suc..'1 other executed conveya.~ces, or
ins-t;.ruments necessary to convey clear title as herein required. The
DEIlEIDPER shall provide, at t.l;e DE'.'EI.DPER'S sale cost and expense, to the
City:
(1) A preli..minary title report 'issued by a title
coropany relatLl'1g to the property offered for dedication.
(2) A standard policy of title .:il'.surance issued by a title
insurance coropany a.'1d insuring the CITY in t.'1e sum of: NjA, and
which shall show said property free and clear of all liens or
encumbrances except those as the CITY shall expressly waive in
writ.ing; said policy shall be furnished at t.'1e time of acceptar.ce
of dedication and recordation of deed.
C. IJ'pon the condition precedent that t.l-te DEIlEIDP.::,..'1. shall
parfOl:::n eac:h and €Nary covenant and condition of this AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTMlld'ION OF WJRK
It is further agreed that:
A. The DEIlEIDPER sl:>.al.l --ins'--.all and complete the Work within one (1)
year from the date of exect..tion of this AGREEMENT, or such longer period
as ll12,lf be specifically authorized in writ.ing by t.'1e city Engineer. In the
eve..'1t the DEVEJ:DPER fails or refuses to complete the Work within the
specified period of time, the CITY, at its sale option, . shall be
authorized to complete the Work in whatev= manner the CI'lY shall decide.
In tl-.e event the CITY cornpletes the Work,. the CITY may recov= any a.'1d all
costs :inc::I:i:::i:: thereby f= the DEIlEIDPER or the DE'lEIDl:'ER I S surety or
both.
B. The lh'"VEI.OPER shall install and complete the Work in a goo::l. and
workmanlike manner in a=rdance witl-J the plans as approved by the city
Engineer of C\.Ipe:ttino. The Work shall be done in a=r-'-.ance wit.l; existing'
o:rdinances and resolutions of the CITY and in a=rda.'1ce with all plans,
specifications, ~..an::lards, sizes, lL~es, and grades approved by the city
E:1gineer. The Work shall be done in a=rda.'1ce with all state and County
statutes applicable he...-reto. The decision of the city Engineer shall be
final as to whet'1er any ll'aterial or workri1al"'.s..'1ip meets t'1e star:dards,
specifications, pla.'1S, sizes, lines and grades as set fort'!.
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C. It is furtl1er agreed t.'lat the Work sha.ll l:e done in accordance
, with the most c-rrrent Stan::lard Specifications of the D=part;nent of PUblic
Works, california CeparbnQnt of Tra.'1SFOrtation, stata of california, and
in a=r-'-..ance with the specifications of the QJpertino Sanitary District
where applicable.
wne....-ever the words "state" or "california Division of P.igh\1aYs" are
mentioned in the state Specifications, it shall l:e considered as
refe..>ring to the CITY of CUpertino; also wherever the "Director" or
"Director of Public Works" is :rentioned, it shall l:e considered as
refe..rring to ti'.e City Engineer.
In case of conflict bet'deen the state Specifications and the
soecifications of t.l1e CITY and/or the CLIpertir:o Sanitary District, the
sPecifications of the CITY and/or the o...'F€->tino Sanitary District shall
take precedence over and l:e used in lieu of suc."'" conflictil'Y.j portions.
3. EXCAVATION PERMIT
It is furtha:?:' agreed t.'lat the DEVEi.Oi?ERshall comply with Section
Three of Ordinance No, 130 of the CITY by obtaining a.T! excavation pernJ.t
f= the city Engineer l:efore the commencement of any excavation i.'1, en,
or under the surface of any existing public. street, lane, alley, sidewalk,
or other public place. It is further agreed that the DEVEIDi?J:.H shall
notify the city Engineer of the exact date and tinie when t1le proposed
excavation is to =rrnence.
4. QUTIcrAIM DEED
It is :Eurt.""er agreed that t.l1e DE'lTIOPER, .,'hen requested by the CITY,
shaH quitclaim all his rights and interests in, and ~'la.ll grant to CITY
autD-=ization to extract: water from the underground strata lying l:eneath
said project and DEllEIDPER agrees to execute a "Quitclaim D=ed and
Allthorizationll in favor of CITY" whe."l presented to him for signature.
5. OOND3 AND OIEER SECIJRl'I'Y
A. Upon the exeo-ltion of this AGRE::EMEl.'T, the DE'lTIOPER shall file
with the CITY a faithful perfonnance bond to assure his full and faithful
pe..'":formance of t..'fri.s AGREEMENT. Tbe penal sum of said faithful performance
bond sl::!all l:e the full cost of' a."1Y payre.,''1t to l:e l!'ade ur:der tIllS
AGREEMENl', the value of any land agreed to l:e dedicated, and any
imorovements to be made ll.'1der 1:..'1.is AGREEMEl'.'T. In the event t\1,at
i..n;provene."1ts are to,l:e made under this lIGRE:EMENT, the DEVEIDPER shall, in
eddftian to said faithful perfonnance, file with the CITY a labor and
ltIatecials bond in 'a penal sum adequate to assure full payment of all labor
and 1!:'ateriaJ.s required to construct said improvements. The amount of said
bonds shall J:e as designated by the city En:;rir.eer. Said bords s.'laI1 l:e
executed by a, surety ccmpany authorized to b:ansact a surety busi.'1e5s in
the state of California and must l:e approved by the city Attorney as to
fODll and by the city 'Engineer as to sufficienC'j. In the event: that the
DEVEIDPER shall fail faithfully to perform the covenants and corditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
ilnproverrents hereir: required, the CITY shall calIon the surety to perform
this AGREEMENT or otherwise indemnify t.'1e CITY for the DEVEIOP'!:.R I S failure
to so do.
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.. , B. In lieu of a surety ror:d, the DEVELOPER may elect to secu.>-e t.'lls
AGREEMENI' by depositing wit.'1 the CITY:
1. cash; or, .
2. A cashier's ched:., or a certifie:i chede payable to
the order of the city of CUJ.:e..."'"tino; or, .
3. A ce...>-tificil.te of dep:lSit, or instrurr.ent of credit meeting
the requirements of C-overnment COde section 66499 (b) or
(c) • .
c. The amount of said cash, chec.'<s, certificate of deposit, or
ir.st..."Ulller1.t of credit shall be as designated by t.'1e City Engine"'''', a.'1Cl.
shall be the ecuivalent to that IruC.i-) • .. auld have been recuire:i had t.'1e
DEVELOPER fu...rni.~ed the CITY with a surety J::or:d. In the event that t.lJ.e
DEVELOPER shall fail faithfully to perform the covenants ar:d conditions of
this AGREEMENT, or to make any payment, or a'1y dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said
security thereto.
D.
dep:lSit,
CIT'1.
No release of surety J::or:d, cash' deFosit, cl'lec.Ic, or certificate of
shall be made except upon approval. of the city council. ~ ~,~--
No interest shall be paid on any -security deposited with the
6. CllECKING AND INSPECITON FEE
It is fiLrther agreed that DEVELOPER s.':lall pay any ar:d all necessa...ry
direct expe.'1Se5 for inspection, chec.1ci.ng, etc., in=-ed by CITY in
connec+-...ion with said Project, and tl-..at DEVELOPE...,( shall have deposited with
CITY, prior to execution of this .AGRE:EMENT, the a.=t as set fortlJ. herein
at Page 2 (Part C). Shculd const.."Uction cost vaxy materially fl:O!1l the
estimate from which said sum is calculated, the City Engineer shall notify
DEVELOPER of any additior.al sum due ar:d ewing as a result thereof.
7. INDIREcr EXPENSES
It is further agreed that DEVELOPER shall pay to CTI'Y, prior to
execution of this AGREEMENT, indirect expense allocable to p=ssing
t.l-J.ese ~ements, the am::J\.mt as set forth herein at Page 2 (Part D) •
8. MAP CllECKING FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this JI..GREEMENT, for office c.hec.1ci.ng of final map ar:d
field c.heck.in:J of street m::muroents, in compliance with section 4:1 of
onlinance No. 47 (Revi.se::l. 12/04/61) of CTI'Y, the a=t as set forth
herein at Page 2 (Part I) •
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· '. ,. 9. DEVFTOFMENT MAINTENA,,'lCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGP.EEMENT, tlJ.e CUOC1U.TJ.t set forth herein at Page 2
(Part E) as a development maintenance deposit ,to insu..re proper dust
control ard cleanL'1g durin::! the ccnst:roction perio:!. 'The development
maintenance deposit may be utilized for repairs of defects ard
imperfections arisin::! out of or due to faulty workmanship ancl/or materials
appearin::! in said' work durin::! the perio:! until release of the illlprove:rnent
bonds by the CITY. Should the DEVELOPER complete the require::l repaL-rs to
the entire satisfaction of the CITY, the unused balance will be returned
a:E'-..er the release of the illlproveme.rrt. bonds.
10. STORM DRAINAGE FEE
It is f'urtl-J.er agreed that the DEVEIDPER shall deposit with the CIT'l,
prior to execution of t"lis AGREEMENT, a storm cL.--ainage ciJa...'"ge in
connection with said Project in accordance with the requireme.!1ts
established in Resolution 4422, l".arch 21, 19771 in the alI'.ount as set forti.
herein at Page 2 (Part F) • ' . ,.,
11. \'lAT.ER MAIN EcrENSION DEroSIT
'The. DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Extensions Work and
Ceposits" dated 9/30/77. 'The deposit shall be held by the CITY Ul1til said
monies are needed to illlpler.ent illlprovements ouUined by the Director of
Public Works or i.nprovernents ouUined within the adopted Water l".aster
Plan.
'The amount shewn herein at Pa...rt KI Page 21 shall be the full a.'tlOunt
due.
12 • ONE YE.ll,R :I'GW'ER OJST 1
It is further agreed that the DEVELOPER shall pay to C1:r'i prior to
execution of this 1G:l.EEMENT, the amount as set forth herein at Page 2
(Part G) 1 whiG-lot amount represents the power cost for st..reat lights for one
year.
13. 'lliE INSTALI:.1cr'ION OF STREEJ: TREES
It is further agreed that the DEVE!.OPER shall, at such time. as deemed
appropriate by the City Engineer, plant street trees in confol:::'.ance wit'1
the standards of the City of Cllparti.TJ.o. Variety of tree shall be selected
fio.m the City approved list.
14. Pll.RK FEES
It is further agreed that ti.e DEVEIDP",-~ shall pay such fees ancl/or
dedicate suG-l-]. land to the CITY, prior to execution, as is required within
"Park Dedication ordinance" N'l1l:tIber 602, 1972, ar:d ~hlch fI.lrt.':er
stipulated urder Part J, Page 2 herein.
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' .. ~ 15. 11AINIENl'.:NCE OF I.;QR!(
It is further agreed that the DEVElDPER shall mai!1tain the Work W1til
all deficiencies in the Work are corrected to conform to the Plans an::! the
city star:riards an::! specifications for the work. The DEVElDPER shall, upon
written notice thereof I immediately repair or replace" without cost or
obligation to the city of a.rpertino, an::! to the entire satisfaction of
said CITY, all defects an::! imperfections arising out of or due to faulty
worklt'anship an:l/or materials appearing in said W=k.
16. SANITARY DISTRIct
It is further agreed that the DEIlEIDPER shall file with CITY, upon
execution of this AGREEMENT, a letter fram the Cupertino sanitary District
statir.g that the DEVELOPER has entered into a separate JI.GREEMENT with the
said District to install sanitary se'ders to serve all lots within said
P.!:'oject a.TJd statir.g that a bend tCi insure full and faithful perfonr.a.'1ce of
the construction of the said sanitary se'.'ers an::! to insure maintenance of
said sanitarv sewer in confOl"ma.'1ce with the provisions as set forch in
Paragraph 15 'above J:>..as been filed. " '
17. C.ov:t:RNMENT CODE
It is :fur"'..her agreed that DEIlEIDFER shall file with CITY, upon
exeaJ.tion of this AGREEMENT, substantial evide.'1ce that all provisions of
Section 66493, Al:ticle 8, Cllapter 4 of the C-overnment Code, pertainir.g to
special assessments or bends, have been =nplied with.
18. CENIRAL FIRE DISTRIct
It is fu.r'"..her agreed t.~t the DEIlEIDPER shall file with the CITY I UJ;Xln
execution of this AGREEMENT, a let'"~ fram the Central Fire Protection
District of Santa Clara COUnty, statir.g that the DEIlEIDPER has entered
into an AGREEMENT with said District to ~-.all fire hydrants to 5e.."Ve
said Project an::! s"'..ating that all necessary fees have been deposited with
said District to insure installation an::! five (5) year rental fee of said
hydrants.
19. PACIFIC G.lIS AND EIECIRIC/PACIFIC BELL
• It is further agreed that the DEVEIO:E'ER shall pay to Pacific Gas an::!
Electric CoInpa.rry an::!jor to P.l\CIFIC BEIL C'a!!q;lany any an::! all require:l.
for installation of ove.."'head and/or urrlergrourii wiring circuits to all
electrolie..>-s within said prope..>ty an::! any an::! , all fees require:l. for'
~ as provided in Ordinance No. 331 of CITY when DEIlEIDPER is
notified by either the City Engineer or the Pacific Gas an::! Electric
C'a!!q;lany and/or PACIFIC BELL CcJrtpmy t.~t said fees are due an::! payable.
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. " 20, E.'.SrnrnTS AND RIGh'T-0F-WAY
It is further agreed that any ea.sement and right-of~.vay necessary for
=letion of the Proj ect shall I:e acquire:l by the DEVEIDPER at his own
=st and expense, It is provided, however, that in the event eminent
domain pr=eedings are required by the CITY for the puir:ose of securing
said' easerT"".....nt and right-of-.vay, that the DEVEIDPER shall deposit with CITY
a SllJTI covering the reasonable rrarket value of the land proposed to I:e
taken and to I:e included in said SllJTI shall I:e a reasonable allowance for
severance daIrages, if any, It is further provided that in addition
thereto, such sums as may be required for le:;al feo...s and =sts,
engineering, and other incidental costs in such reasonable arrounts as the
CITY may require shall I:e deposited with the city of Cupe...>tino,
21. HOrD HARMIESS
It is further agreed that, =nmencing with the performance of the Work
by t.'le DEVEIDPER or his =ntractor and contirruing until the completion of
the maintenance of the Work, the DEVEIDPER shall irdemnify, hold harmless
and defand the· CITY from and against-any-or all loss, cost, expense,
daJl12.ge or liability, or claim. thereof, =asione:i by or in any way
whatsoever arising out of the performance or nonperformance of the Work or
t.'le negligence or willful mis=nduct of the _ DEVEIDPER or the DEVEIDPER 'S
agents, employees and irdepmde.'1t contractors.
22. llISORANCE
It is further agreed that: The DEVEIDPER shall take out, or shall
require any contractor engage:! to perform the Work to take out, and
maintain at all times during the performance and maintenance of the Work
called f= or required. to I:e done hereunder, a policy of insurance naming
the CITY and :members of the city Council of the City of CUpertino,
irdividually and =llectively, ard the officers, age.'1ts and employeo...s of
the city irdividually and =llectively, as insured. Said separate policy
shall provide bodily injury and property daIrage coverage to the foregoing
named CITY and irdividuals covering all the Work perfonned by,' for, or on
I:ehalf of said DEVEIDPER. Eo:th bodily injury and property daIrage insurance
must I:e on an =rrence basis; ard said policy or policies shall provide
that the coverage affOl:de:! thereby shall I:e primary coverage to the full
limit of liability stated in the declarations, and if the city, its
members of the city council irdividually and =llectively, ard the
officers, agents, and employees of the CITY, individually and
=llectively, have other insurance against the loss covered by said policy = policies, that other insurance shall I:e excess insurance only.
8
.• "'"::' ," .• ~ ,-.. ',..-;-•• .., ••..•. -_ .•• :': ,-.. ' ';0 ............... ...--,_ ••••• -.-.•• -":":": '--:--" -, .. '." -:.'."---"-,-,-
... A. Eac.':! of said policies of insurance shall provide cove...>-age in the
foll=ing minimum aJrounts: For lxdily injury, $100,000 each person;
$300,000 each =ence, property clanBge, $50,000 on acccunt of any
one ==rence with an agg£e:jate limit of not less than $200,000.
B. 'The DEVELOPER shall file with the city Engineer at or prior to
the tim: of execution of this AGREEMENT by the DEIlEIDPER 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 te.'1 (10) days
advance notice thereof.
c. In the event that the Project covered he......-ein 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 ard above shall co--name suc.':!
municipality or political subdivision ard the provision set forth
herein ard above for the protection of the CITY shall equally apply to
municipality ard political subdivisiori.~ ...
23. MA..P.3 AND/OR IMPROVEMENT PlANS
It is further agreei that the CITY shall obtain the follCMing map
and/or plans at the DEVELOPER'S expense:
A. A mylar sepia ard seven (7) prints of fully executed parcel map.
B. A mylar sepia ard ten (10) prints of fully executed :ilnproveme.'1t
plans.
c. A direct duplicating silver ne:jative mi=film aperature card of
all executed :ilnprovement plans ard map.
'The DEIlEIDPER agrees to pay the CITY from the development maintenance
deposit the ccst for all prints of plans ard map required urder Item 23.
24. SUCCESSORS
'This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee ard transferrees of the DEVELOPER. 'The assignment of
this AGREEMENT shall not be made without approval by the city Council of
the city of Olpertino.
9
" ....... ' ... , ..... "", ~ .. ' ~ ', .. ' .--' ... ':."' .. , ... '~ . ' .. -. "":" '.' . ,"
GENERAL ACKNOWLEDGMENT
State of
County of
CALIFORNIA --==--::;.;....~ } SS. ~~TA CLARA
G. A. VAN BUSKIRK
NORTARY PUBUC-CALIFORNIA
SANTA ClARA CO UNTY
My Commission Elpi.cs August 23.1991
NO • .201
On this the 26tWayof _-=-F.::E.::B..::Rc::U:-A..::R:.:.Y ___ 19~ !before me,
___ ~G~~ BUSKIRK
the undersigned Notary Public, personally appeared
TUNG-KUANG SUNG & CHIN -MEl SUNG
o personally known to me
CX:l\?roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) ARE subscribed to the
within instr ent, and acknowledged that THEY executed it.
WITNEY/h~~
otary's Signature
•
• ,
I", . , ,
TIl \'/I'INESS WHEREOF, CITY has caused its name to be hereunto affixe:! by
its Mayor and city Clerk, thereunto duly authorize:! by resolution of the
city Council and said DEVELOPER has hereunto cause:! his name to be affixe:!
the day and ye=: first above written.
Approve:! as to form:
~ City Attorney
I '.
'I , ;
Notary AcknCMle:!gment Require:!
Exhibit A Attache:!
.~
",
"
" !
" (Rev. 5/9/86)
CITY OF CIJPERI'lNO:
DEVEIDPER:
.'
'.
10
.'
\ -
.'.
.
LABOR AND MATERIAL BOND
(Subdivision Improvements)
Bond Number: 114598.3
KNOW ALL HEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Tung-Kuang Sung Ii< Chin-Hei Sung
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
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 ____________________________________________ _
FORTY-FOUR THOUSAND AND 00/100 DOLLARS
___________________ ($ 44,000.00 ) .
THE CONDITION OF THIS OBLIGATION IS SUCR 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 I 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.
..
. ,
Santa Clar·a STATE OF CALIFORNIA, COUNTY OF ______________ ss.
On_~ .... _____ F_e_b __ r..,;u.;;;2.;;,r"'y--=2 __ S-', ____ 1"'9 __ S __ S'-________ , 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 basisofsatifactory 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.
SUSAN MARie EXLINE
NOTARypU;BLI'C<~ALIFO'RNIA;
PRINCIPAL OFFICE IN
SANTA CLARA COUNTY
COmmIssion
/ R1 PU8U¢
" -,
GENERAL ACKNOWLEDGMENT
State of CALIFORNIA
County of SANTA CLARA
} 5S.
",
G. A. VAN BUSKIRK \.
NORTARY PUBLIC-CALIFORNIA
SANTA CLARA.COUNTY
My Commission EJpires iIIlglLSt 23,1991
NO. 201
Onthisthe 26tl!ayof FEBRUARY 88 before me,
G.A.VAN BU~S~K~I~R~K~ ________________ __
the undersigned Notary Public, personally appeared
TUNG-KUANG SUNG & CHIN-MEl SUNG
o personally known to me
l(J{ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) ARE subscribed to the
within Ins).r ent, and acknowledged that
WITNE y hand and official seal.
TilEY executed it.
"
•
\
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 25th day of February , 19 88 .
(To be signed by Principal
and Surety. Notary
acknowledgments required.)
Tung-Kuang Sung & Chin-~!ei Sung
st Surety Insurance Company
Attorney-in-Fact
Rochelle P. Woessner
The above bond is accepted and approved this ____ day of
_____________ , 19 __
6/17/85
...
STATE OF CALIFORNIf.\. COUNTY vr ___ -=::S&:=cn:::t"'&:....::C-=:1=-3r::.:3=-______ ss.
February 25, 1988 On ______________________ • 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 SURETY INSURANCE COMPANY thereto as Surety. andhJs own name as Attorney
in Fac!.
/ N A PUBLIC
GENERAL ACKNOWLEDGMENT
State of CAlIFORNIA
County of ~~NTA CLARA
} ss.
G. A. VAN BUSKIRK
NORTARY PUBlIC·CALIFORNIA
SANTA CLARA COUNTY
My ImmlSSiOR Expire:; A."\lIJll23,I991
Onthlsthe26thdayof FEBRUARY 19~ belore me,
G.A.VAN BUSKIRK ----'
the undersigned Notary Public, personally appeared
'U/NG-KUAN SUNG & CHIN-MEr SUNG
o personally known to me
lflxproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s} ~ R E subscribed to the
within instr ent. and acknowledged that _ ..... THEY executed it.
WITN hand and Offi:~I. /#
, ~~~~~~------~--------otary's Signature
NO.2D1
• •
Bond Number. 1145983
ANNUAL PREMIUM $ 880.00
FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, ___________________ T_u_n_g_-_K_u_a_n_g __ S_u_n_g __ & __ C_h_i_n_-Me ___ i_S_u_n_g ____________________ ___
as Principal and __________ ~--~Am~w~e~s~t~su~r-e~t~y--I~n~s~u~r~a~n~c-e--C_o~m~p~a_n~y~ ____________________ __
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of FORTY-FOUR THOUSAND AND 00/100
~~~------~~~~~~~----~--~------~~~~~~D.ollars ($ 44,000.00 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 wilt perform all necessary improvements
single-family dwelling project
located on Stelling Road at Rainbow Drive
relative
in accordance with the approved improvement plans prepared by __________ ~~~~~~-----
Bay Area Consultants, Inc. Civil Engineer
-o-n--;f'"'i"lC'e=i;-n=t"'h:'::e'-;E"'n:':g"'i;-'n:::e=-e:::r'T, s=O!:f7"f'i17. c:'::e~, -C=i7"ty---o"f-::C-u-p-e-cr-:-t";"i-n-o-,--a-n-;d--'i""'n'""c-o-r-p-o-r-a""'t-e""'d'-:-herein by ref erenc e •
WHEREAS, improvements shall be completed within one
acceptance of this bond by the City Council.
(1) year from the date of
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 lfITNESS-WHEREOF, this instrument has been duly executed by ~e Principal and
Surety this 25th day of February , 19~
Tung-Kuang Sung & Chin-Mei Sung
(To be signed by
Principal and Surety.
Notary Acknowledgments
, required.)
The above bond is accepted and approved this
19
6/17/85
11-174
~~st Surety Insurance Company
Rochelle P. Woessner
__________ day of _______________ _
AMWEST SURETY INSURANCE CO.
P.O. Box 4500
Woodland Hills" CA 91365
(SHl) 704-1111
PQ~~R QF~~~,-~~ \\\~--'\\\
/ . \ \ \
KN,OW ALL MEN BY THESE PRESENTS7JThat AMWESTISURETY INSURANCE COMPANY, A CALIFORNI\ORPORATION
doe. hereby make, constitute and appoint I / '\ \, \\
' / Roc"ell.e P. Woessner '-\. , \ \
/ I / l, '\ \ '
Its t~ue and lawful·Attorney(sHn-Fact. }Vlth full powerian,d authority for and on be~half, of fhe comp3,nras surety. to 'execute and
deliver and affix the seal of the comPjiny thereto 11 a'sealls required,.bonds, undertakings, recogniZ3f1{es or, other written obllga.
tions in the nature thereof, as follows; / / I ) \. \ \ \
Contnicl, Court,'Lic'ense, Peml'it.and Miscellan'eou6 Bonds. \ \ \.
and to bind AMWEST SURETY 1I\ISURANCE COMPANY therebY; an'd all of the acts o!~aid 'Attorneys.ln.~act>pu,suant 10 'ihese
i .f/ '. ~~" \ presents, are hereby ratified 3yCl_confirmed, ,Thi~'appolntment~15I)lade,·l.lflder a~nd by authority of,the followlng""provl~dons oJ the ~y.
Laws of the company, whlch'ar. now In full foiee and efleet; /' ! " \\ \ \, \ \ I . If' •
Article ill. Seetlon ljof the By.Law~ 01 AMWEST SURETY INSURANC'E COMPANY "\ \ \
I 1/ ,II I \ \\ \\ \ This Power 01 A1lorney Is signap a?d sealed by f~csll".IIe under a~d by the authority of the fo~I0"ilng ,.solutlons adopted by
the board 01 directors",1 AMWEST SURETY INSURANCE.COMPANY at a meeting dUly held on December 15, 1975, \\ \ / /1 /1 I \ \\ \ \
RESOrVED that the preS(denl or any lIice.:president, in c6njunctlon with-the ~cte1ary or a.nV\ais,stant secret1~y, \ \\
may apPolni attorneYS.ln·fac{ or agents wl{h a~thorlty as defined or limited In the In'stfument eVldencln9,' the appol~I' '\
ment In e{ch case, for and on behalf 01 th~ company to' exetute and deliver and affix th'e seal of 1he c'bmp'any to bondS\ \ ( ~ I .' ,. I ,,\' ~ .. .. undert?klngs, recogn.lza9ces, and 5urE}tyshlp obligations ota!! klnds;.and.said.o11lcers,may remove any. such attorney· --...: I In~tact'or agent anQfrevokEl any power of/attorney previo.usly granted to such person. f
I ,/ 1../ / \ ,/ I RESOLVED' F.URTHER that any' bond. undertaking. 'recognlzance, or suretyship obligation shall be valid and
omdlng upon tileiompany /,/ / \ j
/1 {l} wh,e~ 7igned by _the pre~laen1 or any vlce·presldent ana litteste-d -ahdseale(f(if a -seal he'r~Qurredj py a-ny sec;
.I retaryorasslstantSecre1ary;otJ I '\F__ _ __ _ _. __ ~ __ _~ _____ w_~ I (li)iw~en signed by .the/president or ,any vice-president or se,cretary or assistant secretary~ and cQuntersl,gned --"i'
I and sealed-(I! a seal be roiqulred) by •. dujy authorized attorney·ln·fact or agent; or
/ I(m)\"hen puly executed and sealed,(11 a seal be required) by one o}'\",ore aUorneys.jn-fac1-or _~gen1s pursua,nt to and'
/' within lI,e IImiis of the authority evidenced by the power 01 attorney issued.by.lhe.company to such person 0' persons._ / 'I I .I ./ f
I I I I I ,. , , RESOLVED FURTHER that the slgnatur. of any authorized officer and'the said "ftne com-panymay-&; ,Wifed! f ' , , .' ". -'f
/
' by faCSimile to .anypawer-of att~rney or certification thereof authorizing the'ex~cutlon and-delivery of any bond. und.ter~
I takIng, recogQlzance. or other suretyship obligations of _he company; and sueh,~lgnature and seal when so used ~nall
1/ / /have the same force and effect as though manually affixed. • ;" "~ ______ ~_,!_ _~ .. 1 I._~. _ "f \~ •• _._._~",~~ ___ ~ ___ f
!
IN WlrNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents 10 be signed by lIS proper 0"
flcer, and Its corporate seal to be hereunto affixed thiS 151 day of April 19 85
AMWEST SURETY INSURANCE COMPANY
~ ~t.rson,p'.'ld.nt
~A7. C4taJ
Karen G. Cohen, Secfeta'ry
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES -55
On this 1st day 01 April A.D., 19~, personally cam a 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 the above instrument. and they each acknowledged the execution of the same, and being by me
duly sworn, dld,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 were duly affixed
anq subscribed to the said Instrument by the authorily of, the board 01 directors ot said corporation.
~ ~
OFFICIAL SEAL
JANICE DRUEZ
NO"Attf pueuc -CAUFOR:NJA
LOS NlGEl£S COIJIITY
My comm, .. pires MAY I, 1989
(SEAL)
Notary Public
STATE OF CALIFORNIA. COUNTY OF LOS ANGELES -••
CERTIFICATE
I, the undersigned. secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO
HEREBY CERTIFY Ihal the foregotng and attached Power of Attorney remains In full force and has not been revoked, and further~
more, that the provisions of the By-Laws of 1he' company and the Resolutrons of the boanjLof-directors set forth in the Power of
Attorney, are now In force. -
Signed and sealed at _-"S.;:a"'n:.....;J'-o;...5:..e-'-'.. ---'C ... A;...· _____ thls 25thday ot ____ F_e_b_r_u_a_r..;y'-____ 19~.
Y~, AY ~cohen.seCre!a'Y