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88-030 Mariana Group of Companies, Improvement Agreement Homestead Rd & De Anza Blvd10300 TOrre A~eoue Cupertino, CA 95014-3255 Telephone: (408) 252-4505 FAX: (408) 252-11753 DEPARTMENT OF THE CITY CLERK February 14, 1991 Tim Kelly Cin, "f Ct.fp~rtj910 Mariani Group of COInpanies P. O. Box 306 !.os Altos, CA 94022 Dear Ml:' • Kelly, P.O.90x580 Cupertino, CA 95015-l1580 We are enclosirg to you for your files one (1) copy of the lIgree:nEnt by and between the city of CUpertino and Mariani Group of COInpanies, a Limited Partnership, which has been fully executed by city Officials, along with one (1) copy of Resolution No. 8329, which was enacted by the city council of the City of CUpertino, at their regular meetirg of Monday, February 4, 1991. Sincerely, ~~~··7;·.J OOroIHY OJRNELIUS crIT crERK crIT OF C1JPERl.'INO IX:/so encl. ee: Department of Pllblic Works RESOII11'ION NO. 8329 A RESOII11'ION OF 'mE CIT'i CXXJNCIL OF 'mE CIT'i OF aJPERl'INO AUIHORIZm:; EXEClJI'ION OF S'IORM DRAIN ~ AGREEMEllT BE'IWEEN 'mE CIT'i AND MARIANI GROOP OF a:JMPANlES, A LIMITED PARINERSHIP, :fl'a.IESTEAD ROAD I 'mAC!' 8325 WHEREAS, there has been presented to the City Council a re:i:mburse.ment agreement by ani between Mariani Group of COmpanies, a Limited Partnership, ani the city of 0Jpertin0 for the reimbursement of certain fun:ls to Mariani Group of COmpanies, a Limited Partnership, for construction of certain 1itO:tm drainage facilities, ani said agreerent having been approved by the Director of l?Ublic works. NOW, 'I'l:IEREt0RE, BE IT RESOLVED, that the Mayor ani City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of 0JPertin0. PASSED AND AJX)PI'ED at City of 0Jpertin0 this follcwing vote: a regular meeting of the city Council of the 4th day of February , 1991, by the Vote Members of the City Council AYES: Goldman, Rogers, Sorensen, Szabo, Koppel NOES: None ABSENT: None ABSTAlli: None AP.l?ROVED: /s/ Barb Koppel Mayor, City of CUpertino /sl Roberta A. Wolfe city Clerk , Deputy , • File: 51. 271 '!his AGREEMENT,made and entered into this ___ -=lS;;..t;:..:h-=----____ day of _-'J"'a"'n""u"'ar"'-LV _____ 199L, by and between Mariani Group of Cgmpanies, A Limited Partnership hereinafter referred to as "DE.VEJ:DPER" I and the crr':l OF CUPERTINO, a municipal corporation of the state of califoz:nia, hereinafter referred to as "crr':l". wrrNESSEIH WFIERFMl, DE.VEJ:DPER is developing property in said crr':l, known as PORIOFINO TRAer 8325 for which "off-site" storm drainage :nnJSt be provided; and WHEREAS, DEVELOPER is willing to' enter into a contract for construction of said "Off-Site" storm drainage along _____________ HcQMESTEAD~~~~~~~ ____ in accordance with City's Master storm Drain Plans. IT IS HEREBY MUIUALLY AGREED by and between the parties hereto as follows, to wit: (1) DE.VEJ:DPER shall contract to construct ''Off-site'' Storm Drainage along the lands of TRAer 8325 ON Ha>fE'.STEAD ~ to the existing storm drainage facilities in Ha>fE'.STEAD mAD (2) COnstruction of said "Off-site" storm drainage shall be uooer the inspection of the City Engineer of City and said lines are 'I:? be part of the City of CUperl:ioo Master storm Drain system. 1 , . :REIMBURSEMFNl' AGElEEMENI' (Continued) (3) c:rI!'i shall take full am ~lete legal title to said storm drainage facilities upon ~letion am acceptance of the work. (4) 'ilierefore, the total amount reiml:=sable to DEVELOPER BY City is to be the Reilnbursement due urrler the Provisions of Resolution 4422 of the City of OJpertino, dated 3/21/77. Namely, M1lSI'ER STORM DRAIN DESCRIPTION 36" diameter 42" diameter 48" diameter MANHOLE catch Basin Em'IMATED LFNGl'H 22 L.F. 292 L.F. 511 L.F. 4 FAa! 1 FACH REroRI' UNIT PRICE $ 30.00 $ 37.00 $ 45.00 $600.00 $400.00 EXTENSION 660.00 $10,804.00 $22,995.00 $ 2,400.00 $ 400.00 $37,259.00 ESl'IMATED 'lOTI\L (5) The amount due the Developer as re:iJnbursaJole urrler Paragraph 4, herein shall be adjusted am confirmed am the Final Re:iJnbursaJole Amount determined under the provisions outlined herein belON. Namely, 1. 'ilie Civil Eo;Jineer of record shall certify to the City the field installed quantities am descriptions of work. 2. 'ilie unit Prices established urrler paragraph 4 shall apply. 3. 'ilie final re:iJnbursaJole amount shall be the total of the product of the various quantities am the Re$peCtive Unit Prices. 4. 'ilie Final Re:iJnbursaJole amount shall be confil::tIa:l by PUblic Works Department. 5. The city shall then reiml:urse the Developer within 35 days of any partial acceptance of the street Improvements which are alon;r Hamestead Road. 2 PARTNERSHIP ACKNOWLEDGMENT CAL-25 ..........•...•..•........................•..••...•............................................•.•.......................... · • • ~ · • • · • • • • • • · · · • " : • • • • • • • • • • • • • • · • State of California _______ } County of' ..,.~.d.~ .. '!iJ4~.~A~l;"."' .. ~.=__ SS. -I On this the f~ay Of'_--':?~~";<!!!<' '~""~7"'---19 'II before me, (i ..... utI. ~ the undersigned Notary Public, pers';;;;auy;;ppeared tv. ~ personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Notary's Signature ! · • · • • • • · · · • • • · • • • · · • • • · · · : • • • • • • • • • • • • • · • • • • • • • · ...............................................•.........•...•...••..•••. ~ ...................................•.............. , , • m WI'l'NESS WHEREOF, Cl'lY has caused its name to be hereunto affixe:'l by its Mayor and city Clerk, thereunto duly authorized by resolution of the City Council and said DE.VEWPER has hereunto caused his name to be affixed the day and year first ab:lve written. Approved as to form: u41/k C~ty Attorneyl Notary Ackna.dedgment Required 3 Cl'lY OF CClPERl'INO; DE.VEWPER: MARIANI GRCUP OF CCMPANIES David W. M iani Managing C neral Partner 10300 Torre Avenue Cuperlino, CA 95014-3255 Telephone: (408) 252-4505 FAX: (4061252-0753 DEPARTMENT OF THE CITY CLERK se~ 21, 1990 Citlf of C14perti»o Mariani Development corporation P. O. Box 306 CUpertino, CA 95014 IMPROVEMENT AGREEMENT -TRAer NO. 8325, HOl-lESTEAD/DE ANZA P,O. Box 560 Cuperlino~ CA 9501S~0580 We are enclosing to you for your files one (1) copy of the Agreement by an:l. between the City of CUpert.ino an:l. Mariani Development COrporation, a california COrporation, which has been fully executed by city Officials, an:l. one (1) copy of Resolution No. 8240, which was enacted by the city COUncil of the city of CUpertino, at their regular meeting of Monday, September 17, 1990. Sincerely, ~~ oo~&~S CITY ClERK CITY OF aJPEro:'INO DC/so encl. co: Depart:ment of PUblic Works RFSO:w:rION NO. 8240 A RFSO:w:rION OF THE CIT'.{ OXlNCIL OF THE CIT'.{ OF OJPERl'INO APPROVING THE FINAL MAl? AND Jl.!POOVEMENT J?I1INS OF TFACl' NO. 8325, KlRlOFlNO P.ROJECl' I.<X:ATED SOOTHEAST CORNER OF DEI'lNZA RlOI.EVARD AND HCMESTEAD ROAD, DEVEIDPER MARIANI DEVElDI'MENT CORPORATION, ACCEPrING CERTAIN FASEMENTS; AIlTHORIZING SIGNING OF FINAL MAl? AND Jl.!POOVEMENT J?I1INS; AUIHORIZING THE EXEaJrION OF 1lGREJ;l.IENT IN CONNECl'ION 'IHE!lE\'IITH WHERFAS, there has been presented to the city Council for approval and for authorization to record final map of Tract No. 8325, Portofino Project, located at the southeast corner of DeAnza Boulevard and Homestead Road showing certain avenues, drives, places, and roads by Mariani DeVelopment corporation, a california Corporation; and WHERFAS, there has been presented to the city Council a proposed agreement for the constJ:uction of streets, cw:l:Js, gutters, and for other il!Iprovements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful perfonoance of said work and the can::ying out of said agreen:ent; and said map, agreement, and bonds having been approved by the city Attorney; NOW, 'l:'HE:REroRE, BE: rr RFSOINED THAT a. Said final map and il!Iprovement plans of Tract No. 8325, !:Ie and the salle is hereby approved. b. '!he offer of de:Jication for roadway and for easements is hereby accepted. c. '!he city Engineer and the City Clerk are hereby authorized to sign said final map. d. '!he City Engineer is hereby authorized to sign the il!Iprovement plans. e. ~e Mayor and the City Clerk are hereby authorized to execute the agreen:ent herein referred to. PASSED AND AOOPl'ED at a regular meeting of the city Council of the city of CUpertino this 17th day of September, 1990, by the following vote: -1- '. I RFSOlllTION NO. 8240 vote Members o~ the City Council AYES: Goldman, Koppel. Sorensen, Rogers NOES: None ~: Szabo ABSTAIN: None ATrEST: 1\PProVED: lsI Rpberta A. Wolfe /sl Barbara A. Rogers City Clerk , Deputy Mayor, city of cupertino -2- RFSOIDI'ION NO. 8240 EKHIBJ:T "A" SCHEIlJIE OF OOND, FEES, AND DEroSITS DEIIE!D!MENT: TRAC1' NO. 8325, roRIOF:rnO PROJECl' MARIANI DEVEIDFMENT cx:>RroRATION, A CALIl.'tlRNIA cx:>RroRATION IDCATION: SOJl'HFAST a:lRNER OF DEANZA :a:::oLEVARD AND HOME'SI'FAD roAD A. Faithful PerfOl.'lllal'lCe B::lI'ld: Off Site-$650,OOO $2,247,000.00 On Site-$l,423,OOO Landscaping-$174,OOO 'IWO MILLION 'IWO HlJNIJI<ED FOR:l"I! SEVEN' THOOSAND AND 00/100 OOLIAFS B. labor and Material Barx1: Off Site-$650,OOO $2,247,000.00 On Site-$l,423,OOO Landscaping-$174,000 'IWO MILLION 'IWO HlJNIJI<ED FOR:l"I! SEVEN' mOUSAND AND 00/100 OOLIAFS c. c:necking and Inspection Fee: $ 109,550.00 ONE HlJNIJI<ED NINE mOUSAND FIVE HlJNIJI<ED FIFTY AND 00/100 OOLIARS (Excludes recreation facilities) D. Indirect city Expenses: $ 16,433.00 SIX'l'EEN THOOSAND RXJR HlJNIJI<ED THIRrY THREE AND 00/100 OOLIARS (Excludes recreation facilities) E. Map Filing Fee: $ 210.00 'IWO HlJNIJI<ED TEN AND 00/100 OOLIAFS F. Development Maintenance DeJ;osit: $ 1,000.00 ONE mOOSAND AND 00/100 OOLIARS G. storm D:t:ainage Fee: $ 22,717.00 lWENTY 'IWO mOUSAND SEVEN' HlJNIJI<ED SEVENI'EEN AND 00/100 OOLIARS H. One Year Power Cost: $ 396.00 THREE HUNDRED ~ SIX AND 00/100 OOLIARS I. st:reet Trees: N/A J. Park Fee: Zone III ale 480-0000-416-033 $1,527,750.00 ONE MILLION FIVE HUNDRED lWENTY SEVEN' mooSAND SEVEN HUNDRED FIFIT AND 00/100 OOLIARS K. Water Main Re:i:mbursement N/A L. Maps and/or Ilripl::'OVernent Plans: By Developer-As specifie::i in Item 23 of agreem=nt -3- ! TRACT AGREEl1ENT 'l'flAe'! 118325 APN [1316-01-111.2)1 'Ihis 1IGREEMENJ.!, made and entered into this 12th day ------' of _s'-e-':p'-t'-ember ______ , 19~, by and between the CITY OF OJPERI'INO, a nnmicipal corporation of the state of california, hereinafter: designated ~ __ -' MhnT'mT DEVELOPMENT CXJRroRATION, A CALIFORNIA CXJRPORATION as """.U I <.11>-1 "~u hereinafter: designated as DEIIELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to sub:livide certain land within the city of Olpertino in accordance with the map heretofore filed with the City Council of the city of CUpertino, marked and designated as Tract ,118325 CUpertino, california, hereinafter designated as the "Tract;" and WHEREAS, said map sh<:lWS certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, Cl'lY hereby approves the :iluprovement plans and specifica~ions prepared for the Tract by rUSSION ENGINEERS, INC.··' , a true CIJfI'i of said improvement plans and specif~cations are on file in the office of the city Engineer of Olpertino; and WHEREAS, the saJre are incorporated herein by reference, the same as -. though set out in full; NCM I THEREFORE, said :iluprovement plans and specifications shall be hereinafter called the. ,."f'lans," and the work to, .l,Je dor,\e,_UDfler 't:.J:l~_ ,Pl~ shall 00 called the "Work. \I Page 1 W!:lEREAS, prrsuant to the provisions of this AGREEMENl', the CIT'{ hereby established the arrumts of Bards, Fees, and Deposits as set forth in the follCMing schedule: SCHElXllE OF IDm:s 1 FEES AND DEl'OSI'IS " PARI' A. Faithful Perfonnance Borrl: TWO MILLION TWO HUNDI1ED FORTY SEVEN '£HOUSAND DOLLAI1S AND NO/lOa OFF SITE $650, 000 LANDSCAPING $1'( ~ , 000 ~MI~~ Labofl ~3~~ial Bam: ' ",. '" . '£WO MILLION '1'1/0 HUNDI1ED FOli'l'Y SEVEN 1'HOUSAND DOLLARS AND NO/laO OFF SITE .$ 650,000 LANDSCAPING $1'l~,000 ON SI'£E $1,1123, 000 PARI' C,' Checking and Inspection Fee: ONE HUNDRED NINE ~'1I0USAND FIVE HUNDRED FIFTY DOLLARS AND NO/lOa ( EXCLUDES RECREA1'ION FACILI'l'IES ) PARI' D. Irrli=t City Expenses: SIXTEEN THOUSAND FOUR HUNDRED THIRTY THREE DOLLARS AND NO/lOa ( EXCLUDES RECREATION FACILITIES) PARI' E.Map Filing Fee:' , TWO HUNDRED TEN DOLLARS AND NO/lOa PARI' F. Developrrent Maintenance Deposit: ONE THOUSAND DOLLARS AND NO/lOa PARI' G. Stonn Drainage Fee: TWENTY TWO THOUSAND SEVEN HUNDRED SEVENTEEN DOLLARS ~~.D"NQjlOO •• ' ••••• M .~., •• PARI' H. One Year Pt::Jw-er Cost: THREE HUNDRED NINETY SIX DOLLARS AND NO/lOa PARI' I. street Trees: PARI' J. Park Fee: Zone III a/e ~80-0000-4l6-033 ONE MILLION FIVE HUNDRED '£WENTY SEVEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO/lOa PARI' K. . Water Main Extension Deposit: PARI' L. Maps arrljor Irnprov€lrel1t Plans: By DEVElDPER A SPECIFIED IN ITEM #23 Page 2 $2,2117,000 .00 $2 ,211'( ,000 .00 $ 109,550.00 t, 16,~33.00 $ 210.00 1,000.00 ,,$ ,22, 7,l7 .00 $ 396.00 N /A $1,527,750.00 N/A MOO, 'lHEREl'ORE, IT IS HEREBY MlJIUALLY AGREED by and between the parties hereto as follCMS, TO WIT: 1. INS'I'ALLATION OF !<ORR It is further agree:i that: A. '!he lJEIlELOPER shall install and complete the Work within one (1) year from the date of execution of this l\GREEMENI', or such longer period as may be specifically authorized in writing by the City JID;jineer. In the event the DEVElOPER fails or refuses to complete the Work within the specified periexi of time, the CIT'{, at its sole option, shall be autho- rized to complete the Work in whatever :manner the CITY shall decide. In the event the CITY completes the Work, the CITY nay recover any and all costs incurred thereby from the DEVEIDPER or the DEVEl.OPER' S surety or both. B. The lJEIlELOPER shall install and complete the Work in a goo:1 and . WJr~ike :manner in .. pc:;:cordance. with P1e Plans .. as app:r;wed by.the City JID;jmeer of OJpertino. '!he Work shall be perfol:llYirl un::ler the inspectiQn and with the approval of the City JID;jineer. The Work shall be done in a=ordance with the existing orcli:nances and resolutions of the City of OJpertino, and in accordance with all plans, specifications, stardards, sizes, lines and grades approved by the City JID;jineer. The Work shall be done in accordance with all state and County Statutes applicable thereto. The decision of the City JID;jineer shall be final as to whether any . _ ..... nater~iU or work:rnal:\sl'}i);l. ~ts the stardards, specificatiol1?, -plans, sizes, l:ineS' im.:l grades as set forth. . C. It is further agreed that the Work shall be done :in accordance with the m:::lSt c=rent Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the CUpertino Sanitru:y District where applicable. Wherever the WJrds "state" or "California Division of Highways" are :mentione;d :in the state Specifications, it shall be considered as referring to the CIT'{ of CUpertino; also wherever the "Director" or "D.i.rect,9r of Public Works" is n-entioned, it shall b:> considered as referring to the City JID;jineer. In case of conflict between the state Specifications and the specifications of the CITY an:I,Ior the CUpert:ino Sanitru:y District, the specifications of the CITY an:I,Ior the CUpert:ino sanitru:y District shall take precedence = and be used in lieu of such conflicting portions. 2. EXCAVATION PERMIT It is further agree:i that the DEVEIDPER shall comply with section 'lhree of Ord.inance No. 130 of the CIT'{ by obtaIDing an excavation permit from the city Erqineer before the cornmenc:e:trert of any excavation :in, on, or un::ler the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed t;hat the DEVEl.OPER shall notify the City Engineer of the exact date and time when the proposed excavation is to CCl!lIll:eTlCe. Page 3 3 • QUI'ICI.Alli DEED It is further agreed that the DEVEIDPER, when requested by the CITY, shall quitclaim all his rights arrl interests in, and shall grant to CITY authorization to extract water fran the urrlergroun::l. strata ly:i.rB beneath said project and DEVEIDPER agrees to execute a "QJitclaim Deed arrl Autho.rization" in f.avor of CITY, when presented to. h.llt! . ..f0r signature. 4 • OONDS AND OiliER SECURITY A. Upon the exeC\,ltion of this AGREEMENT, the DEVElOPER shall file with .the CITY a faithful perfonnance l:x:Jm to assure his full arrl faithful perfonnance of this AGREEMENT. The penal sum of said faithful perfonnance l:x:Jm shall be the full cost of any payment to be made under this AGREEMENT, the value of any larrl agreed to be dedicated; arrl any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEIJEI.OPER shall, in addition to said faithful performance, file with the CITY a lal:x:Jr arrl materials l:x:Jm in a penal sum adequate to assure full payment of all lal:x:Jr arrl materials required to =nstruct said improvements. 'Ihe arrount of said 'l:x:Jnds shall be as designated by the city Enjineer.' Said l:x:Jnds shall be executed by a surety =upany authorized to transact a surety business in . _ .. the" ·state of' 'ciuiforua -arrl llU.lSi be approved bY"the city AttOrney as-' to form and by the City Enjineer as to sufficiency. In the event that the DEVElOPER shall fail faithfully to perform the covenants arrl =nditions of this AGREEMENT, or to make any payment, or any dedication of larrl, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise irdemnify the CITY for the DEVElOPER I S failure to so do. B. In lieu of a surety l:x:Jm, the DEIJEI.OPER may elect to secure this AGREEMENT by depositing with the CITY: 1. cash; or, 2 . A cashier I s check, or a certified check payable to the order of the city of CUpertino or, 3. A certificate of deposit, or instJ:ument of credit meet:i.rB the requirI='TlleJ1ts of Government Cede section 66499 (b) or (c) • c. 'Ihe anount of said cash, checks, certificate of deposit, or instnnrent of credit shall be as designated by the City Engineer, arrl shall be the equivalent to that which would have been required had the DEVElOPER furnished· the CITY with a surety l:x:Jm. In the event that the DEVElOPER shall fail faithfully to perform the covenants arrl =nditions of this AGREEMENT, or to make any payment, 0]:: any dedication of larrl, or any improvements herein required, the CITY may apply the proceeds of said security thereto. . D. No release of surety rom, cash deposit, check, or certificate of deposit, shall be made except upon approval of the city Council. E. No interest shall be paid on any security deposited with the CITY. Page 4 • 5. CHECKING AND INSPECI'ION FEE It " is furt;heragreed that DEVELOPER shall pay' any and -all' :necessary direct expenses for inspection, checki.rq, etc., incurred by CITY in =nnection with said Project, and that DEVELOPER shall have der::osited with CITY, prior to execution of this lIGREEMENT, the aID:>Ul1t as set forth herein at Page 2 (Part C). Shculd =nstruction cost vary waterially from the estimate fran which said sum is calculated, the city Erqineer shall notify DE.VELOPER of any additional sum due and =in;) as a result thereof. 6. INDlRECl' EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this l\GREEMENT, indirect e:lq?ellSe allocable to Prt::Cessing these improve:rrents, the a:rocJ\.II1t as set forth herein at Page 2 (Part D) . 7. MAP FILING FEE It is further agreed that the DEVELOPER shall der;osit with CITY, prior to execution of this AGREEl>lENT, for office checkin:;J of final ll'ap and field checkin:;J of street lOClnurnents, in compliance with Section 4: 1 of ordinance No. 47 (ReVised 12/04/61) of c:rr'l, the al!'OI.l!lt as set forth herein at Page 2 (Part E) . 8 • DE.VELOR1ENI' MAJNI'ENl\NCE DE'lUSIT ,It ,is fu:0:her agreed that the DEVELOPER shall pay to the CITY, , prior 'to execution of' this l\GREEMENT, the al1OL1l1t set forth herein at Page 2 (Part F) as a developnent ll'aintsnance der::osit to insure proper dust =ntrol and cleanin;J durin'J the =nstruction pericd. 'Ihe development ll'aintenance deposit way be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship an:l/or waterials appearin'J in said work durin'J the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the c:rr'l, the unused balance will be returned after the release of the improvement bonds. 9. STORM IlRAINAGE FEE It is :further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this lIGREEMENT, a stoJ:l1\ drainage charge in =nnection with said Project in acoordance with the' requirements established in Resolution 4422, March 21, 1977, in the am:mnt as set forth herein at Page 2 (Part G) . 10 • ONE YEi'IR FQ;<IER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part H), which a:rocJ\.II1t represents the power cost for street lights, for one year. 11. 'THE :rnsrALIATION OF S'lREEI' TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the city Engineer, plant street trees in =nfonnance with the stan::la.rds of the City of CUpertino. Variety of tree shall be selected from the City approved list. Page 5 ., 12. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such lam to the Cl'l¥, prior to execution, as is requ.iJ:ej within "Park Dedication Ordinance" NI.l:rnber 602, 1972, am which is further stipulated \.II'rler Part J, Page 2 herein. 12-A. PARK FEE AID1JS'IMENl' PROVISIONS fue value of the lam used in establish.in:! the "Park Fee" outlined herein on Page 2, Part J, :requires for:rna1 confirmation. 'Ihe CITY_ shall enploy a qualified local appraiser to provide a =ket value of the lam. fue city will calculate the "Park Fee" bas€d on the appraisal. 'Ihe Developer agrees to pay for arr:/ deficieocy within thirty (30) days am the city agrees to refun::l. overage within thirty (30) days. Adjusorents shall be made prior to acceptance of the subdivision improvements. 13. MAINI'ENl\NCE OF mRK It is further agreed that the DEVEWPER shall !l\:!.intain the Work: A. For a period of one (1) year after acceptance of the Work by the city CbUncil of the City of OJpertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans am the CITY stardards am specifications for the Work, whichever is the later to occur. 1be DEVELOPER shall, upon written notice thereof, .immediately repair or replace, wit:tJo:rt cost or obligation to the city of 0Jpertin0, am to the entire satisfaction of said CITY, all, defects am iJnpE;u:':fections aris:ir:g out' of· or due to faulty 1IiOi:"l<:rnanship ar.djor materials appear:ir:g in said Work. 14. SANITARY DISTRICl' It is further agreed that the DEVELOPER shall file with Cl'l¥, upon execution of this l\GREEMENT, a letter from the CUpertino SanitaJ:y District stat:ir:g that the DEVEWPER has entered into a separate AGREEMENT with the said District to install sanitaJ:y sewers to serve all lots within said Project am stat:ir:g that a ban:l to insure full am faithful performance of the construction of the said sanitaJ:y sewers am to insure maintenance of said san! taJ:y sewer in confor:mance with the provisions as set forth in Paragra];h 13 above has been filed. 15. WSlNESS AND H<OFESSIONS roDE It is further agreed that DEVEWPER shall file with Cl'l¥, upon execution of this llGREEMENr, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business am Pi'Ofessions Code, pertain:ir:g to special. assessments or OOn::ls, have been complied with. 16. CENTRAL FIRE DISTRIcr It is further agreed that the DEVELOPER shall file with the CITY, upcn ex~tion of this AGREEMENr, a letter from the. ,.Central Fire Protection District of Santa Clara county, stat:ir:g that the DEVEWPER has entered into an l\GREEMENT with said District to install fire hydrants to serve said Project am stat:ir:g that all necessaxy fees have been deposited with said District to insure installation am five (5) year rental fee of said hydrants. Page 6 ,. . 17. STREET I.J:Gff.I'rnG -F.G.an:l E. RATE SOiIDJIE SfIl\IL APPLY It is :further agreed that the DE.VEI.OPER shall apply for the, installation of electric pc1Her for street lightir:g at the earliest date possible. 18. PACIFIC GAS AND EIECrRIC/PACIFIC BELL It is :further agreed that the DE.VEI.OPER shall pay to Pacific Gas an:l Electric Ccrnpany an::l,IOl:' to PACIFIC BELL any an:l all fees required for installation of overl1ead an:l/or un:lel:grour:d wiring circuits to all electroliers within said property an:l any an:l all fees required for urrl~ as' provided in ordinan:::e No. 331 of CITY when DEVELOPER is notified by either the City En;rineer or the Pacific Gas am 'Electr:ic Caropany an:l/or PACIFIC BE:!L that said fees are due airl payable. 19. FAS:EMENIS AND RIGHl'-OF-wAY It is further agreed that any easement am right--<;>f-way necessary for completion of the Project shall be acquired by the DEVEIOPER at his a.m =st am ~. It is provided, hCMeVer, that in the event eminent dClll'lrln procee:.l.irBs are :required by the CIT:{ for the p..n:pose of securi.n:y said easement am right-of-way, that the DE.VEI.OPER shall deposit with CIT:{ a sum covering the reasonable market value of the land proposed to be taken am to be included in said sum shall be a reasonable allCNla11Ce for sel/erance damages, if any. It is further ,provided that in addition thereto, such sUms as' ll'ay t:e' required for' legal fees am costs, en:;rineering, and other incidental costs in such reasonable aJOClUIlts as the CITY ll'ay require shall be deposited with the City of Olpertino. 20. HOlD HARMI..ESS It is further agreed that, commencing with the perfOrll'ance of the WOrk by the DEVEIDPER or his contractor am continuing until the completion at the 'll'aintenance 'of 'the 'WOrk as provided' 'in '!!aiag1:aph 13 aboVe, the DEVEIDPER shall indemnify, hold hannless and deferx:l the CITY from am against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arisi.n:y out of the perfOrll'anCe or nonperformance of the Work or the negligence or willfUl miscorrluct of the DEVEIOPER or the DE.VEI.OPER' S 'agents, employees am in:leJ.:eI:dent contractors. 21. INstJRAN'CE It is :further agreed that: 'ilia DE.VEI.OPER shall take out, or shall require any contractor en:;raged to perfonn the WOrk to take out, am i ll'aintain at all tiloos during the perfOrll'anCe and ll'aintenance of the Work called for or required to be done hereurrler, a policy of :insurance naming the CIT::{ and members ~f the City C'Ol.!J1cil of _. the Ci:t;y \='~ ~ir)9, 'irdivi.dually and' colleCtively, am the officers, agents and employees of the City irdividually and collectively, as insured. Said separate policy shall Pnwide bcdily injury am property dall'age coverage to the foregoi.n:y named CITY and irdividuals coveri.n:y all the Work performed by, for, or on behalf of said DEVEIDPER. Both bcdily injury and property dall'age insurance must be on an occurrence basis; am said policy or policies shall provide that the =verage afforded thereby shall be primary =verage to the fUll Page 7 limit of liability stated in the de::larations, an::l if the city, its members of the city Council irrlividually an::l =llectively, an::l the officers, agents, an::l employees of the CITY, irrlividually an::l =llectively, have other :i.nsura:rce against the loss covered by said policy or policies., that ~ .. ~ shall be ~S ...nsurance o~:( ... A. Each of said policies of :i.nsura:rce shall provide coverage in the follow:l.rq m:inllnum a:rocJUI1ts: For bodily injury, $100,000 each person; $300,000 each =rren:::e, property damage, $50,000 on acx::amt of any one occurrence with an aggregate limit of not less than $200,000. " B. '!he DEVELOPER shall file with the City Engineer at or prior to the tiloo of execution of this J>.GREE1.lENr by the DEVELOPER such evidence of said foregoir:g policy or policies of:i.nsura:rce as' shall be satisfactory to said city Engineer. Each such policy or policies shall bear an en:lorsement preclu:1.in;r the carx:;ellation or reduction in coverage without givir:q the city Engineer at least ten (10) days advance notice thereof. c. In the event that the project covered herefu should be mutualiy 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 an::l al:xlve shall =-naJre such municipality or political subdivision an::l the provision set forth herein an::l al:xlve for the protection of the CITY shall equally apply to municipality an::l political subdivision. 22. WATER MAm EXTENSION IEFOSl'l' 'Ihe DEVELOPER further agrees to dep:>Sit with the CITY those :rronies required to =rnply with "Policy on Water Main ElCt:ensions Work an::l DefOSitsll dated September 9, 1977. 'Ihe defOSit shall be held by the CITY until said IrOnies are needed to ilnpleroent ilnproveroents outlined by the Director of Public Works or ilnproveroents outlined within an adopted Water Master Plan. '!he am:xmt sho;m herein at PARr K, Page:1 shall be the full am:xmt due. 23. M1'J? AND/OR ~ PlANS It is further agreed that the CITY shall rotain the followin;J nap an::l/or plans at the DEVELOPER'S expense: A. A .mylar sepia an::l thirteen (13) prints of fully executed tract map. B. A mylar sepia an::l ten (10) prints of fully executed ilnproveroent plans. ' ".. ~,' ... C. A direct duplicatin;J silver negative microfilm aperature card of . all executed ilnproveroent plans an::l nap. 'The DEVEIDPER agrees to pay the CITY fran the develop;rent naintenance . deposit the cost for all prints of plans an::l nap required urrler Item 23. Page 8 t. i ) , CORPORATE ACKNOWLEDGMENT State of _---'tt;;L(!.'lJ!L~:d!"~<"'t 0:0' :~W.L ___ } Ss. 'Ii County of ",2'AO::',;!", ... !<i40=~'..!~=="-::::::,_ OFFICIAL SEAL CAROl A SMITH NOTARY PUBLIC -CAliFORNIA SANTA Cli\1l;\ COUNlY My "'mm. expires NOV 18, 1992 NO. 202 Onthisthe~ayof 7~~ 19k before me, ~Hi!'If. ~ the undersigned Notary Public, personally appeared r:l personally known to me o proved to me on the basis of satisfactory evidence to be ~h~rson(s) who executed the within instrument as ~4(; ~.,..,-orOn behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. ~4'. ,d'~ Notary's Signature , , . 24. TERMS AND CXlNDlTIONS It is further agreed that the above !1alIai tel:ms arrl corxlitions for the said Tract shall bin:! the heirs, successors, administrators or assigns of the DEVELOPER. 'lbe asSignment of this AGREl!MENT shall not be made without awroval by the City eourcU of said CIT'i. rn Wl'INESS Wl1E!ID)F, CIT'i has caused its name to be hereunto affixed by its Mayor arrl City Cl~k, thereunto duly authorized by resolution of the City Council arrl said DEVELOPER has hereunto caused his name to be affixed the day arrl year first above written. CIT'i OF aJPERrINO: Approved as to form: City Attorney Page 9 , .... ,.' (Rev.3-1986) PAOOUOER ED ARNO~D/ R J AHMANN CO 6551 CITY WEST PARKWAY EDEN P~~IRIE MN 55344 Qooe INaUflED JAM~S E. ROaERTS- OHBAYASHI CORPORATION PO BOX 8705 OAKLAND, CA 94609 'f"t"Pa 01' Itl3UMN05 t.IAIlU.1TV WORr.EIl'6 Ci>1;l~£ljMnol' Aflll Of .. , nr;-aCHIFnON P.':: iHIS ~~~ii\lU'10A1a IQ laaUZ:t.l\::!: A MAneA ~·~~~';:.;~';:::.;;:t;N~~~~~iRi--j hO ftG!1Te W'ONiHIl OMtrllPIChTE I"tv\..Ol'!ti. 11"1\6 C£RTlf:IQ"'tS DOSe HOT AMI!NO. TE11. ni~ ()OVaI'lAO! AFt"'oAOIlO SI'f TH~ ttOLI0!ee: &el..¢iJ A c o 'REI PORTOFINO PROJ!CT; CtRTIFICATE HOLDER AND CITY OF CUPERTINO, THE CITY COUNCIL OF THE CITY OF CUPERTINO, INDIVIDUALLY AND COLLECTIVELY ARE ~~Dr.T!ONAL D.W. MAR!ANI DEVELOPMENT CO:/ MARIANI GROUP OF COMPANIES I '; &HOUlOANY Cl~ TH; ).SCl'r'£ DtQO~le~o ~OL.IQIU BE: eA~~Et.I..ED S'~('JAG TH!£ ~j';iil,t.,T!ON oAtGiHaR~OF, TtiE l:saUtNO OOMPAkYWILL£NOEAVOATO t.\A.Il • .l.a-OAYS WllIn&H N::'J:'TICe TO fl16 CeniIFlCATlt: HOLDER Njl"M!:!OTO "HE J..Gf::T. 8Ul F"ILU~l!: TO MA)\.. eUCH NOrlCp' $}{,t,lI.IMPOfUi NO Ot!1,.13AflON on • STATE OF CALIFORNIA COUNTY OF _.::S.::AN.::.::D::..:I::..:E::..:G:..:O __ OfFICIAl. SeAt JOE D. RUSSELL NOTARY PUBllC-CAl.lFOfINIA PRINCIPAL OFFICE I~ SAN DIEGO CaJNTY U)' C'X7If'r.T...::Joo:\ l!tp. ~AY 00. 1* lew Cal 315R(04/B6) ss . 7TH SEPTElIIBEE. On this ___ day of • In the year undersigned Notary Publi", in and for the State appeared JANES A WJ.ESE 1990 I before me, the of California, personally personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney~ In-Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Given under my hand and the A.D.1S 90 My Commission expires Notary Seal this _'-="-day of SEPTEMBER MAY 3, 1994 t7 Nota-;; PabUc ,,i " BOND NUMBER: 116.61 65, , ANNUAL PREMIUM $ 17 ,.0 7 6 • 00 " FAITHFUL fERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE. MAlUANI GROUP OF COMPANIES, A LIMITED PARTNERSHIP, AND D W MARIANI DEVELOPMENT CORPORATION , A CALIFORNIA CORPORATION 806 Principal and INSURANCE COMPANY OF THE WEST as Surety are held and firmly bound unto the City of Cupertino, State of California. in the S1,l1l1 of ONE MILLION FOUR HUNDRED TliENTY THREE THOUSAND AND NO/IOO ** Dollars ($ 1,423,000.00 ) "l-a-w-£ u-l,-m-o-n-e-,-y-o·f-"th'""e-.U""n-:iO:t::e:":;d:-;:S'::Ct""a t::-e:-s::-.--;f;-:o:::r:-::t;:'h':'e~p:-a:::ym=e:::n'::t-o:-f;;-:w:;:h:::;i"':c:;:h-w:::rill and truly to be mad e • we hind ourselves, our heirs. executors, successors, snd aSSigns, jointly and severally. firmly by these presents. THE CONDITION of the ·foregoing obligation ia such that, WHEREAS, said Principal will perform all necessary improvements relative to ______ __ ON SITE IMPROVEMENTS located TRACT 8325, PORTQFINO PRQJECT in accordance with the approved improvelllent plans prepared by ____ -::~=-;.--::__-_ MISSION ENGINEERS INCORPORATED Civil Engineer -:'o-n-'f1"'1'""e:--:i;-n~t~h:;:e~E.:i:-n.!ogi~n:>e:=e:':r!1l!:s~O:;;f";;f7ic::e'!-,~C:eif:t:::y~o"'l1f-;:;-cu::p::-:e:::r:;t:'ilI=o-, -a::nd::T'i'=n:::c:::o::rp::'o::r::a:-::t:::e::;d~herein by ret erenc e • WHEREAS, imptovements shall be c01llpleted within one (1) year from the date of acceptance of this bond by the City Counc!l. WHEREAS, improvements shall be maintained for a period of at least one (1) year after acceptance of construction by tne 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 fluch time chat all defiCiencies of c,onatruction are cotrected 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 vell 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 bean duly execute by the er1ncipsl and Surety this 7TH clay of SEPTEMBER , 19 90 (To be signed by Principal and Surety. Notary Acknowledgments required.) INSURANCE COMPANY OF THE WEST Surety The above bond 1s accepted and apPl:oved this ____ ,day of _________ _ 19_, 6/17/85 CORPORATE ACKNOWLEDGMENT State of county of ................. -................. : OFFICIAL SEAL CAROL A SMITH NOTAIrf PUBLIC ~ CALlFORNIA SANIA CIilI!!'. COUNTY My ""lim. "pires NOV 18, 1992 NO. 202 On this the/.rJ<oL day of _-),,~~.:!<?~)k.!:J.~«::!~~>t-<~''-___ i 9'0 ,before me, , the undersigned Notary Public, personally appeared ~.Jt! .. " .,t r::f personally known to me o proved to me on the basis 01 satisfactory evidence to be the wrson(s) who executed the within Instrument as __ " i!:2A"t! <u,-or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. ff!! « :.4. .'" -:-:--,-=--cc'"'"~=:=o.' ..:;,1''-'-' "7~===---=--_____ _ Notary's Signature 7 U.t' ,Inc VVJ:J0I .. ' HOME OFFICE: SAN DIEGO, CALIFORNIA Certi~ied Copy o~ POWER OF ATTORNEY KNOW ALL MEN BY THESE' PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly outhorized 'and ,existing under the laws o~ the State o~ Cali~arnia ond having its principol o~~ice in the Cit~ o~ Son Diego, Cali~ornio, does hereby nominate, constitute ond oppoint; .:JERRY E. GOLDSTlNE' BRUCE N. KING .. JAMES A. WIESE ':, COLLEEN MARv.rn .- its true' ond lowf'ul Attorney(s)-in-Foct, with ~ull power and authority' hereby con~erred in its name, ploce and, stead, to execute; seal •. acknowledge' ond deliver any and all bonds, undertakings, recognizances ar ather written.obligatians in: the nature thereo~. . . This Power o~ Attorney is 'granted and is signed and sealed by ~acsimile under and by the authority a~ the ~ollowing Resolution odopted by the Board of Directors ,of ,INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth" day o~ February, 1973, which said Resolution has nat been amended or rescinded and a~ which the ~allawing is a true, ~ull, an~ complete copy: "RESOLVEO: That the President or Secretory'may from ,time to time appoint Attorneys-in- Foct to represent and act ~or and an b"hal~ of the Company, and 'either the President or Secretary, the Board of Directors' or Executive Committee may at any time remove such Attorneys-in-Fact ond revoke the Pawer o~ Attorney given him or her; and be it ~urther . RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name o~ and on behalf of the Company any and 011 b,onds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be os binding upon the Company as if signed 'by' the President and sealed ond ottested by ~he Secretory:" IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has coused its o~~iciol seal to be here- unto o~~ixed and these presents to be signed by its duly outhorized.of~icers this 30th, day of January, 1990. STATE OF CALIFORNIA COUNTY OF SAN DIEGO v OF THE WEST Pres~dent On this 30th day of January 1990 before the subscriber. e Notary Public of the State af Cali~ornio, in and ~ar 'the County e~ San Diego, duly commissioned ond qUQli~ied, come BERNARD M. FELDMAN. President o~ INSURANCE COMPANY OF THE WEST. to me personolly knOwn to be the individual ond officer described in and who executed the preceding instrument. ond he ocknowledged the execution o~ the some. ond being by me duly sworn. de po seth and seith, that he is the soid officer of the .Corporation aforesaid, and that the seal a~fixed ta the preceding instrument is the Corporate Seal of the said Corporotion, and that the said Corporate Seal and his signature as such of~icer were dul y of~ixed and subscribed to the said instrument by the authority and direction o~ the said Co~poration. IN WITNESS WHEREOF. I have hereunto set my hand ond of~ixed my O~ficial Seal, at the Cfty o~ San Diego, the da and eo fOrst above written, •• " OFFICIAl. SEftt. '~" THOMAS M. BLOSE ~ ,NOTJ..n"'YPU8UC CAUFORNI,\ ;~p-c .~.. Pn:uOF'AL OFFIa III s 1:' SAN OleGO CCUNTY .... u ..... ,.. My Comml$.StOn t,lD. DiCEmb£f 6. 1993 STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: Notary PublJ.c I, the undersigned, JAMES W. AUSTIN, III, Secretory of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER'OF ATTORNEY, of which the foregoing is 0 full, true , and correct copy, is in full force and effect, and hos not been revoked. IN WITNESS WHEREOF. I have hereunto subscribed my name as Secretory, and affixed the Corporate Seal of the Corporation. this 7th day of Se;pt<\l1lber 19 90 . I <: ... "" .............. _ •• ' . CUPERliNU , , ,. , BQNQ. ~E~:_~r!i. q 65 PREMIUM: Incl in Performance B~ ! LABOR AND MATERIAL BOND , KNOW ALL MEN BY tHESE PRESENT: WHEREAS, the City of Cupertino. Staee of California, and MARIANI GROUP OF COMPANIES. A LIMITED PARTNERSHIP. AND n W MARIANI DEVELOPMENT CORPORATION, A CALIFORNXA CORPORATION hereinafter designated as "Principal" hav<l eneered 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; end incorporated here1n by relerence. WHEREAS, said principal is required to furnish a bond in connection With said contraot, 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 aboue the performance of the work contrscted to be done. or for Any work or labor done thereon of any kind. che Surety on said bond shall pay the same to the extent hereinafter set forth; .NOW, T1!EREFORli!, we. the Principal, and _____ -.:~ ____ __.:. __ INSURANCE COMPANY OF TilE WEST 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, co~panies, or corporations furnishing materials. provisions, provender cir other supplies used in, upon, for or abut the perfor- mance Of the aforesaid work c9ntracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persona, companies or corporations lending or hiring teams, implements, or . machinery, for or oontributing 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 c1a1& has not been paid by Principal or by any other person, in the JUSt and full sum of ONE MILLION FOUR HUNDRED TElfflTY THREE THOUSAND AND NO/lOO** ________________ -=OO=L;;;:LARS="-__ ($ 1 ,423 ,OOO!OO ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAt if said Principal, his or ita subcontractors. he1rs. axecuto~s. administrators. successors or assigns, shall fail to pay for any mBterial$, provisions, provender or other supplies or teama used in, upon. for or about the pe~formance at the work contracted' to be done, or for any york or labor thereon of any kind. or for amounts due under the Unemp1oym~nt 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 corp9racions entitled to file claims under Section 1184.1 of the Code of Civil Procedure, 80 as to give a right of actiOn to ehem or their assigns in Any liuit brought upon this bond. • CORPORATE ACKNOWLEDGMENT NO. 202 State of &~lf"; c· .. J } SS. On this the ;b ~ay of )4/,~ 19~, before me, County of ~ ~ ~.(. .~ , , the undersigned Notary Public, personally appeared rY personally known ~ J)~ , o proved to me on the basis of satisfactory evidence ~ OFFICIAL SEAL to be tAers,on(s) who executed the within instrument as I~' "'-)~ CAROL A SMITH ( t,o d ,~ oron behalf of the corporation therein ;~: NOTARY PUBLIC -CALIFORNIA named, and acknowledged to me that the corporation executed it. , ~ SANTA Cl:ARJ. COUNTY WITNESS my hand and official seal. .. c,..;.. .. ,.. My comm. expires rwv 18, 1992 ~.u-e({'. ~ Notary's Signature -.--.-- STATE OF CALIFORNIA ss COUNTY 0 F _-"S",a",n,-"!ll",,ie:=.\l9= __ • leW Cat 315RC04/86) On thi, 7TH day of SEPTEMBER undersigned ~S P.NbU<l!Eilt and appeared , in the year 1990 , before me, the for the State of California, personally personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney~ In-Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. 7TH SEPTEMBER Given un~6 my hand and the Notary Seal this ___ day of _____ _ A.D. 19 . My Commission expires MAY 3, 1994 cb-e-D~~ f?/ Nota~ubilc • LUr't:.!< I lNU '. , " , , . . ~ -"' .. ' . , Labor and Matarial Bond Page 2 And the said Surety, for value received, bereby"'stl'pulates,' and agrees tbat no change, e~tension of time, alteration Or addition to tbe terms of the coneract or to the Ilork to be performed thereunder or the specificacions accompanying the sarno shall in any wise affect its obligations on ehis bond, and it does hereby waive notice or any sucb change, extension of time, alter- ation or addition eo tbe terms of ehe contract or to "the work or co th~ speci- fications. IN WITNESS WHEREOF, thf£h1r.strumenc has been duly P"dncil'al and Surety this dllY of SEPTEMBER executed by the • 19 90 (To b~ $igned by Principal "and Sllrety. Notary acknowledgments required.) ... . ' .. INSURANCE COMPANY OF THE WEST Surety By: 'A";:t=-to:":r=n:-:e::y:""-"";i=n-"""'F;;:a:":c:'::r:H-:J:'"llME---S-A-W-I:'"E-S:'"E The above bend is accepted and approved this ____ ,day of _________________________ , 19 ____ , • I • ,; I' ... , " 6/17185 " .. • -. HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and ,existing under the lows of the State of California and having its principal office in the City of Son Diego, California, does hereby nominate, constitute and appoint: JERRY E. GOLDSTINE BRUCE N. KING JAMES A. WIESE COLLEEN MARVIN its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its nome. place and stead, ta execute,' seal. acknowle'dge and deliver any and all bonds. undertakings, recognizances ar ather written .obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the fallowing Resolution adopted by the Boord at" Directors ,of .INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth" day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: ' "RESOLYED: That the President or Secretory'may from time to time appoint Attorneys-in- Fact to represent and oct for and on behalf of the Company, and 'either the President or Secretory, the Boord of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further • RESOLYED: That the Attorney-in-Fact may be given full power to execute for and in the nome of ond on behalf of the Company any and all bands and undertakings as the business of the Company may require. and any such bonds or undertakings executed by any such Attorney- in-Fact sholl be as binding upon the Company as if signed 'by' the President and sealed and attested by ~he Secretory:" IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed a~d these presents ta be signed by its duly authorized ,officers this 30th day of January, 1990. STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: i%ll;;_:_~_n_~_F_T_H_E_W_ES_T_ On this 30th day' of January, 1990 before the subscriber. a Notary Public of the State of Californio, in and for the County of Son Diego, duly commissioned and qualified, come BERNARD M. FELDMAN. President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in ond who executed the preceding instrument, and he acknowledged the execution of the some, and being by me duly sworn. deposeth and saith, that he is the said officer of the .Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation. and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I hove hereunto set my hond and affixed my Official Seal, at the Ci'ty of Son Diego, the do ond eo f'rst above written. STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: Notary Publ~c I, the undersigned, JAMES W. AUSTIN, ,III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true \ and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretory, and affixed the Corparat" Seal of the Corporation, this 7th day of Septeniber 19 90 I ~.,..,.. .... o ............ , • t~ STATE OF CALIFORNIA COUNTY OF __ s_a_n_D_i_e..:..go __ _ OFF1CtA1.SEAl JOE D. RUSSELL NOTARY pualJC.OAl.lfORN~ PRINCIPAl. Of'FlCE IN SAN DiEGOcaJNlY Il, """"""'" Eop. NAY 03. '094 ICWCaI315R{04/£l6} S5 7TH September 1990 On this ___ day of ______ , in the year , before me, the undersigned ~tary P~bUc;:~ in and for the State of California, personally appeared ~ ... _ ames l.ese personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney- In-Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Given under my hand and the Notary Seal this 7TH day of September A.D_ 19 90 May 3 1994 My Commission' expires _____ ' _______________ _ " I BOND NUMBER: 116 61 64 ANNUAL PREMIUM $ 7,800.00 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT SOND (SubdiviSion Improvements) KNOW ALL ,HEN BY THESE PRESENTSi THAT WE. MARIANI GROUP OF COMPANIES, A LIMITED PARTNERSHIP, DEVELOPMENT CORPORATION I A CALIF01ffilA CoRPoRATION as Principel and INSURANCE COMPANY OF THE WEST AND D W MARIANI as Surety are held and firmly bound unto tha City of Cupertino, State of California. in the 81.1111 of SIX HUNDRED FIFTY THOUSAND AND NO/lOO** Dollars ($ 650,000 ) "'l""aw--f'u-:l;-m-o-n-ey--:o:"lf~t'l"'he--'tJ:;::n:-:;iC::t--e':l'd~S::':t::-:a:-':t:-':e-=s-, ~r;;:-o--r::-::t1:'h":"e -:p::-:a::ym:=::en~t::-:o:r:;fr:::wh;:-i7'C:-;:h:-::w7i:ll and truly to be mad e , we bind ourselves. our heirs, executors, successors, and assigns, jOintly end severally, firmly by these presents, THE CONDITION of the foregoing obligation is such thet, WHEREAS, said Principal will perform all necessary improvements relative to ____ __ Off SITE IMPROVEMENTS located TRACT 8325, PROTOFINO PROJECT in accordance with the approved improvement plans prepared by ________ ~~~-=--~---- ~~~~!I~S~SWT~QWij~EN~G~T~N~E~E~R~S~T~'RCQ~R~PO~R~A~T~E~O~~~~~~~~ __ ~T_:~~~~~~CiVil Engineer on file in the Engineer s Office, City of Cupertino, and incorporated herein by reference. WHEREAS, improvements shall be completed within one (l) 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 !,tntU such time that all deficiencies of c,onetl:uction are corrected to the satisfaction of the City Engineer's Office. WREREAS, PrinCipal and Surety shall be responsible for any and all damages arising under the original contract. NOW, THEREFORE, 1f the said PrinCipal shall well and truly do and perform all the covenants and obligations as eet forth above. on ita part to be done and performed at the time and in the manner specified therein, then this obligaeion ahall be null and voidl otherwise this'bond shall remain in full force and effect. IN WITNESS WHEREOF, this instrumGnt has beGn duly executed and surety this 7TH day of SEPTEMBER , 19 90 (To be signed by principal and Surety. Notary Acknowledgments required.) .' By: 1>rin INSURANCE COMPANY OF THE WEST Surety Attorney-in-Fact J~m The above 'bond h accepted and approved thiS _____ day of __________ _ 19_, 6/17/85 CORPORATE ACKNOWI...EDGMENT State of county of e<· . . '" . ,~ , OFFICIAL SEAL CAROL A SMITH 1It0TARY PUBLIC -CALIFORNIA SANTA ClAlII. COUNTY My ""mm. .xplre. tlDV 18, 1992 NO. 202 On tnis the Ie' 'I-<-day of >~ 19k. before me, ------'~----- the undersigned Notary Public, personally appeared )#" .~ .. ----- ~ personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within Instrument as \ A ('u',/u r or on behalf olthe corporation therein named, and acknowledged to me that the corporation executed It WITNESS my hand and official seal. Notary's Signature . INS U1{AN CE CUIVlt' N\U U.t' TJ:iJ:::, VV t.:J 1 HOME OFFICE, SAN DIEGO, CALIFORNIA CertiTied Copy 01' POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That INSURANCE COMPANY OF THE WEST, a Corporation duly outhorized and ,existing under the lows 01' the State of" ColiTornio and having its principal of"f"ice in the City of" San Diego, CaliTornia, does hereby nominate, constitute and appoint, JERRY E. GOLDSTINE BRUCE N. KING JAMES A. WIESE COLLEEN MARVIN its true' and lawful Attorney(s)-in-Fact, with full pawer'and authority hereby conferred ,in its name," place cnd stead, to execute,:: seal, : acknowledge '_cnd deliver cny and all bonds) undertakings, recognizances or other written .obligations in'the nature thereof~ This Power 01' Attorney is granted and is signed and sealed by facsimile under and by the authority 01' the fallowing Resolution adopted by the Board Of Directors .01' ,INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth-day of February, 1973, which said Resolution has' not been amended or rescinded and of which the following is a true, full, and complete copy, ' "RESOLVED, That the President or Secretory'may from time to time appoint Attorneys-in- Fect to represent and act for and on behalf 01' the Company, and' either the President or Secretary, the Soard of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further ' RESOLVED: That the Attorney-in-Fact may be given full power to execute Tor and in the nome of and on behalf of the Company any and all bonds and undertakings oS the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed 'by' the President and sealed and attested by .the Secretary," IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its afTicial seal to be here- unto affixed and these presents to be signed by its duly authorized,officers this 30th, day of January, 1990. STATE OF CALIFORNIA , COUNTY OF SAN DIEGO 55: JflZj;:_:N_Y_O_F_T_H_E_W_ES_T_. v ·PresJ.den"t On this 30t.h day' of January 1990 before the subscriber, a Notary Public of the State of California, in and for'tne County of Son Diego, duly commissioned and qualified, came BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument. olJd he acknowledged the execution of the some, and being by me duly sworn, deposeth and saith, that he is the said officer of the ,Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal 01' the said Corporation. and that the said Corporate Seal and his signature as such officer were duly afTixed and subscribed to the said instrument by the authority and direction of the said Co~porotion. IN WITNESS WHEREOF, I have hereunto set my hand and afTixed my OTficial Seal, at the City af San Diego, the do and eo fOrst above written. OFFICIAL SEAL THOMAS M. BLOSE STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: Notary Publ~c I, the undersigned, JAMES W. AUSTIN, ,III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true , and correct copy, is in full farce and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto Corporate Saal of the Corpa~ation, this subscribed my nome as Secretory, and affixed the 7th day af September 19 90 , lUf-'!:.I<IINU '.-.;~. _ .. LABOR AND MATERIAL BOND -1 •• KNOW ALL MEN BY THKSE PRESENT: WHEREAS, the City of Cupertino, Stafc of Oalifornia, and MARIANI GRQUP OF COMPANIES, A LIMITED PARTNERSHIP, AND D W l~IANI DEVELOPMENT CORPORATION, A CALIFORNIA CORPCRATION herdnaffer designated as "Principal" have entered into or are about to enter into a oontract providing for the installation, construction, and erection by Principal of certain improvements more particularlY described in said contractl and incorporated herein by reference. WHEREAS, said PrinCipal is required to furnish a bond in oonnection with Said contrac~, providing that if said Prinoipal, or any of his or its sub- contraceorB, shall fail to pay for any materials, provisiona, provender or other supplies or teams used in, upon, for or aboue the performance of the work contracted to be done, or for any work or labor done th~reon of any kind. the Surety on said bond shall pay the same to the extent hereinaft~r Bet forth: .NOW, THEREFORE, we, the Principal, and ______ '--______ _ INSURANCE COMPANY OF THE WEST, as Surety, firmly bind ourselves, our executors, admin1stratora, successors and assigns, jointly aod 5eveta11y, unto the City of Cupertino. and any and all maeeri~lmen, persons. companies. or corporations furnishing materials. provisions, provender or other supplies used 1n, upon, for or abut the perfor- mance of the aforesaid work epntracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by referenoe. and all peraona, oompanies or corporations lending or hiring teams, imp1ement$,or . machinery, for or contributing to said work to be done,' and' all persons who perfo~ work or labor upon the same, and all persons who supply both work and materials, whose olaim has not been paid by Principal or by any other person. in the just and full sum of sl:l! mINQRED FIFTY THOUSAND AND NO/IOO** ________________________________ ~RO~L~LA~R&S __ ($ __ ~65~O~I~Q~O~O ________ ~). THE CONDITION OF THIS OBLIGAT!ON IS SUCH THAT if said PrinCipal. his or its subcontractors. heirs, executor8. administrators, successors or 89si&n9. 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 theraon 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 fhed by the court.' .. This bond shall inure to. the benefit of any snd all persons, companies, and corporations entitled to file olaims 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. . -' ..... .. ..,--....~ • CORPORATE ACKNOWLEDGMENT Stateo! ~ county of .~ tL ..... · } ss. OFFICIAL SEAL CAROL A SMITH NOTARY PUBLIC ~ CALIFORNIA SANTA ClCAllI\ COUNTY My <amm. expires NOV IB, 1992 NO. 202 Onthlsthe/tl~aYOf ~ 19~, before me, the undersigned Notary Public, personally appeared I\i( personally known to me o proved to me on the basis of satisfactory evidence to b.:6 perl!on{s) who executed the within Instrument as hI < ~ or on behalf of the corporation therein named, and acknowledged to me that the corporation executed It. WITNESS my hand and official seal. Notary's Signature \~~~~~~~~~~~~~~~~~ STATE OF CALIFORNIA San Diego COUNTY OF ___ ---= __ OfFICIAL SEAL JOE D. RUSSELL NClTAAY PUBlJC.CAl.IFOANIA i>1lINClPAL OF~ICE IN SAN DIEGO COUNTY ...,. -E<p. WAY 03, ,1)go4 lew Cal 315A.(04/86) 55 7th September 1990 On this ___ day of ______ • in the year ____ • before me, the undersigned Notary Public, itt and for the State of California, personally appeared James A .wiese personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney~ In~Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. . 7th September Given un'1l'6 my hand and the Notary S.al thIS ___ day of _=-___ _ A.D. 19 • May 3. 1994 My Commission expires ____________________ _ " ." .', , • .. . , Labor and Material Bond Page 2 "And che said Surety, for value received, hereby'st'ii;ulates;" and agnes that no chanee, e"tanaio'n of time, al~eration or addition to the terms of the contra~t or to the work to be performed tbereunder or the speoifications accompanying the same shall in any wise affect ita obligations on this bond, and it does hereby waive notice o~ any such change. extension of ~ime, alter- ation or addition to the terms of the ~ontract or to'tna work. or to the speci- fications. IN WITNESS WHEREOF, this i~atrument has been duly executed by the Pdncipal and Surety this 7th day of SEPTEMBER I 19 90 (To be signed by Principal 'and Surety. Notary acknowledgments required.) INSURANCE COMPANY OF THE WEST Surct.y The above bond is accepted and approved this ____ ~ __ day of ____________________________ , 19 ____ , , , . .; 1'., • 6/17/85 '" ' • • HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and ,existing under the lows of the State of California and having its principal office in the Cit~ of son Diego, California, does hereby nominate, constitute and appoint: JERRY E. GOLDSTINE BRUCE N.' KING JAMES A. WIESE COLLEEN MARVIN its true' ond lawful Attorney{s)-in-Foct, with full power and authority hereby canferred in its nome,' place and stead, to execute.-seal,' ocknowledge 'and deliver any and all bonds, . undertakings, re~ognizonces or other written.obligations in the noture thereof. This Power of Attorney is 'granted ond is signed ond sealed by facsimile 'under and by the authority of the following Resolution adopted by the 8oor~ af Directors .of .INSURANCE COMPANY OF THE WEST at a meeting duly coll!,d and held on the SJ.xth·· day af February, 1973, which soii! Resol ution has not been amended or rescinded and of which the following is a true,_ full, and complete copy: "RESOLVED: That the President or SecretarY'moy from ·time to time appoint Attorneys-in- Fact to represent and oct for and on behalf of the Company, and 'either the President or Secretory, the Boord of Directors' or Executive Committee may at any time remove such Attorneys-in-Fact ond revoke the Power of Attorney.given him ar her; and be it further . RESOLVED: That the Attorney-in-Foct may be given full power to execute for and in the nhme of and on behalf of the Company any ond all b,onds and undertakings as the business of the Company may require, and ony such bonds or undertakings executed by ony such Attarney- in-Foct shall be as binding upon the Company as if signed 'by' the President ond seoled and attested by .the Secretory," IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused unta affixed and these presents ta be signed by its its official seal to be here- duly authorized.officers this 30th. day of January, 1990. STATE'OF CALIFORNIA COUNTY OF SAN DIEGO 55: f1l1);:_:f:I_Y_O_F_T_HE_W_E_S_T_ v Presl.dent On this 30th day' of January 1990 before the subscriber, a Notary Public of the Stote of Colifornio, in ond for'the County of Son Diego, duly commissioned and quolified, Come BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individuol and officer described in and who executed the preceding instrument, and he acknowledged the execution of the some, and being by me duly sworn, deposeth and soith, that he is the said officer of the .Corporotion of ores aid, and that the seol affixed to the preceding instrument is the Corporate Seal af the said Corporation, end that the said Corporate Seal and his signature as such officer were dulV affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and offixed my Official Seal, at the Ci'ty of San Diego, the do and eo f'rst above written. ~ *~ .. '" OFflCtAt. SEAl. .~!:.. THO!'llAS M. BLOSE ~.. NOTk""Y PUBue CAUFORNIA i~ -23 '~j" pf\;tIQr-Al. OFF1Ci In "',f' SAN DIEGO CCllNTY .. ~, ,....... My ComtrusslOn E:J,P. O«unfltr 6. 1993 STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: Notary PublJ.c I, the undersigned, JAMES W. AUSTIN, III, Secretory af INSURANCE COMPANY OF THE WEST, do hereby certify that the originol POWER'OF ATTORNEY, of which the foregoing is 0 full, true , ond correct copy, is in full ferce ond effect, and has not been revoked . • .' IN WITNESS WHEREOF, I have hereunto subscribed my neme os Secretory, end affixed the Corporate Seal af the Corporation, this 7TH day of September 19 90 . . , , ~ C'~ ___ + __ •• " " 'j .. ' STATE OF CALIFORNIA COUNTY OF SAN DIEGO 0FflC1AL SEAL JOE D. RUSSELLulA NOTARY I'UBtIC-CAl.FOR .. PRINCIPAL OFFICE IN SA!'I OIEGO COU!IlY U,'C?l'tm-:~R"l:\~UAYOO.1C!W lew Cod 31!iA(04/86) 55 , 7TH SEPTEMBER . 1990 On this day of _.... , In the year ____ • before me, the undersigned NQt~I.Y Public. in and for the State of CaHfornia~ personally appeared JAMES A WIESE personally known to me (or proven to me on the basis of satisfactory evidencel to be the person who executed the written instrument as Attorney .. In-Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Given under my hand and A,D. 19 -,9:!.!O,--_ My Commission expires the Notary Seal this ~ day of May 3, 1994 SEPTEMBER BOND NUMBER::, 116 61 66 ANNUAl. PREMIUM $ 2,088.00 FAITHFUL PERFORMANCE A.~ COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTSi MARIANI GROUP OF COMPANIES, A LIMITED PARTNERSHIP, AND D W MARIANI THAT WE. ____________ ~~~~~~~~==~~~~~~-------------------DEVEIPPMENT CORPORATION , A CALIFORNIA CORPORATION as Principal and INSURANCE COMPANY OF THE WEST as Sureey are held and fi~ly bound unto the Ci~y of CupertJno. Seate of California. in the GU~ of ONE HUNDRED SEVENTY FOUR THOUSAND END NO/IOO* Dollara ($ 174,000 ) "'l-aw-=-fu"'l"""-lll-o-n-e-y-o"'f-t'"'h"-e-:U""n-;i-::e-e-:d-S::'e=-a""c:-e""s:-.--.;f,.,.o"'r-::1ehce-p-a--ym--en:-t::-""o-:f.....,.wTh-:"i""'ch;'"-w""iill and truly to be made, we bind ourselves, our heirs. executors, successors, snd assigns, jointly and severally. fi~ly by these presencs. THE CONDITION of the foregOing obligation is such that. WHEREAS, said Principal will perform all necessary improvements relative to _____ _ LANDSCAPING located TRACT 832'5, PORTQFINO PROJECT in accordance with Che approved 1~prove~ent plans prepared by ________ ~~~~--~---- __ -.~~M~I~S~S~I~Q~N~E~NG~INE~E~RS~.I~NC~ORP~O~RA~T~ED~~~~~7777~~~,..-~~~~~C.iVil 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 auch time that all deficiencies of c.onstruction 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 vell and truly do and perfo~ all the covenants and obligations as sec forth above. on its part to be done and performed at the time and in the manner .pecified therein, chen this obligation shall be null and void; otherwise this'bond shall remain 1n full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed he Principal and Sure ty this 7TH day of SEPTEMBER , 19.-"-90;,......:" (To be signed by Principal and Surety. Notary Acknowledgments '( required. ) By: AME;:i 11 W;I:ESE . , the above !)ond is accepted and approved thiS ____ day of _________ _ " 19_, , 6/1i/85 CORPORATE ACKNOWLEDGMENT State of County of OFFICIAL SEAL CAROL A SMITH NOTARY PUBLIC -CAUFORNIA i MNTA CLAI!1. COIJNTY t My .. mill ... pires IlO!lS, 1992 • On this the tl1'"-day of the undersigned Notary Public, personally appeared __________ ~~ ~tw.4~ Q( personally kncrwn to me o proved to me on the basis of satisfactory evidence NO,202 to be tM pe,rson(s) who executed the within instrument as f.:!1f4' I ,...,.... or on behalf of the corporation therein named, and acknowledged to me that the corporation executed It. WiTNESS my hand and official seal. Notary's Signature I ·, INSURANCE COMPANY OF THE WEST ~. .' " HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, 0 Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of Son Diego, California, does hereby nominate. constitute and appoint: JERRY E. GOLDSTINE BRUCE N. KING JAMES A. WIESE COLLEEN MARVIN its true and lawful Attorney(s}-in-Foct, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bondss undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authori ty of the fallowing Resolution adopted by the Board Of Directors ,of ,INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth" day of February, 1973, Which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: . "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in- Fact to represent and act for and on behalf of the Company, and either the President or Secretary f the Boord of Directors or Executi va Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all b,onds and undertakings os the business of the Company may require, cnd any such bonds or undertokings executed by cny such Attorney .... in-Fact sholl be as binding upon the Company as if signed 'by' the President and sealed and attested by ~the Secretory! II IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized ,officers this 30th day of January, 1990. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 30th day of January I 1990 before the subscriber, a Notary Public of the State of California, in and far the County of Son Oiego* duly commissioned and qualified, came BERNARD M, FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the ,Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, ond that the said Corporate Seol and his signature os such officer were duly affixed ond subscribed to the said instrument by the Quthority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and offixed my Official Seal, ot the City of San Diego, the da and eo f"rst above written. OFFICiAl SEAL THOMAS M. BLOSE STATE OF CALIFORNIA COUNTY OF SAN DIEGO Notary Publ~c I, the undersigned, JAMES W. AUSTIN, Ill, Secretory of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER 'OF ATIORNEY, of which the foregoing is a full, true , and correct copy, is in full farce ond effect, and has nat been revoked • • IN WITNESS WHEREOF, I have hereunto Corporate Seal of the Corporation, this subscribed my name as Secretary, and affixed the 7th day of September 1990 ..... vr ~"" I "d'H,oJ -s_ .. -'... .. , '. J?OlID m.r.tlUl~Jl,.: :1,16 ,;61. 6{i. PREMIUM: Included in Performance " . tABOR AND MATERIAL BOND Bond ;j KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of CUp4~ttno, State of California, and MARI1;NI GROUP OF COMP1;NIES, A LIMITED PARTNERSHIP, 1;ND D W MARI1\NI DEVELOPMENT CORPORATION, A GALIFORNIA CORPORATIO~ hereinafter designated 'aa "Principal" have eDte~ed into or are about to enter into II oontract providing fo~ the installation, cOU$truction, and erection by Principal of certain i~rovements more particularly described in said contract; and incorporated hereln by reference. WHEREAS, 3aid PrinCipal is required to furnish a bond in connection with said oontract, providing that if said Principal, or any of hiB or its $ub- contraotors, shall fail to pay for any materials, provisions, provender,or other supplies or teams used in, upon, for or about the performance of the work contracted to be done. or lor any work or labor done thereon of Bny kind. the Surety on said bond shall pay the same to the axtent hereinafter set forth; ...• ,NOW, THEREFOU, we, the Principal, and _____ --'--' ______ _ INSURANCE COMPANY OF THE WEST as Surety. firmly bind ourselves, our exeoutors, administrators, successors and assigns, jointly and severally. unto the City of Cupertino, and any ~nd all materialmen, persons, Companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- man~e of the aforesaid work c?ntracted to be executed or performed under the contract hereinabove mentioned, and incotporated herein by referenoe, and all persona, companies or corpOrations lending or hiring teams, implemene,a; or , machinery, for or contributing to said work to be done; end'all persons who perform work ,or labor upon the same, and all persons who supply both work and materials. whoae clai~ has not been paid by Principal or by any other person, in the Just and full sum of _______ -,-.....,..,.-________ -- ONE HUNDRED SEVENTY FOUR THOUSAND AND NO/IOO** DOLLARS ($ 174,000.00 ----------------------------------) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if $aid Principal, his or ita subcontractors. heirs, executors. administrators, successors or aSSigns, Shall fail to pay for sny matedals, proviSions.> provendEr or other supplies or teams used in, upon, for or, about the performance o~the woyk contracted' to be done, or for any work or lebor thereon of any ~nd. or for amounts due under the Unemployment Insurance Act with respect to suoh work or labor, or any and all damages arising under the original contract, then said Surety will pay the lame and also will pay in case suit is brought upon thl$ bond. Guch reasonable attorney's fee as shall be fixed by the oourt.' .. • This bond shall inure to, the benefit of any and all persons. ~ompanies. and corpQrations entitled to file claims under Section 1184.1 of the Code of Civil Procedun. BO as to give a right of eedon to them or thair assigns in any suit brought upon tllis bond. ;1 'I ,. :1 '1 '\ :I I I .1 ~ ! 'J \ I 1 'I j 1 \ , Ii CORPORATE ACKNOWLEDGMENT State of county of -~~ ........... . OFFICIAL SEAL CAROL A SMITH . NOTARY PUBLIC -CAU.::::'QR\lIA I~ SANTA Cl:/,!lJ'. COUN;(, ,on. 1( My corum. ~o~~ NO. 202 On this the /P,lU--'dayof ~~ 19.ilL, before me, ~tf, .,d~(.; .' the undersigned Notary Public, personally appeared 911~ or personally known to me o proved to me on the basis of satisfactory evidence to be t\lj> persoQ(s) who executed the within instrument as !::itudt< r oron behalf of the corporation therein named. and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature STATE OF CALIFORNIA COUNTY OF SAN DIEGO 0fflCW. SEAl. JOE D. RUSSELL NOTARY PUBLJC.CAl.IfORtlIA PRINCIPAL OFFICE IN SAN DIEGO COONTY UyCcmT}-A!e:n E.r,l. WAY 03. 1004 lew Cal 3tSR(04/B1S) ss O h· 7TH d 0 SEPTEMBER 1990 ntis ay f ______ , in the year ~ ___ . before me, the undersigned NotyXM Piib~c'w!fu~d for the State of California, personally appeared E personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney~ )n~Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Given under my hand and the Notary Seal this 7TH day of SEPTEMBER A.D. 19 ~_O __ . My Commission expires MAY 3, 19~9~4~ ________ ___ ~Q~!/ /7 Notary Pubifc CUr'1:.1'( I)NU ',> '. • . .' "',,' . , Filge 2 . And the said Surety, for value received, lu:i"aby"in:1pulateJI." and agrees thac no chan!:", .axtensi.:!n of time, alceration Or Il.ddit:!'on to the terms of the contract or to tha wot"!< to be perfo,mcd thereunder or the 8pecifi~acions accompanying the same shall in any wisa affect ics obligations on this bond. lind it does hereby waive notice of any Sl,lch change I extension of time. alter- ation or addition to the urms of th.a contract or to· die work. or to the speci- fications. IN WITNESS WHEREOF, thiS i~~trument has been duly Principal end Surety this 7TH day of SEPTEMBER ell:ecuted by the • 19....".90=-"I (To be 5igned by Principal . and Surety. Notary acknowledgments required.) .•. INSURANCE COMPANY OF THE WEST Surety The above bond is accepted and approved this day of --- ________________________ , 1? ___ • . , . ; .... , 6/17/83 .', . • .. '. • li'i.J U.tVll'i v.w vVlnr.fin 1 Vi' .l.l.LI..J ".l..Jv J. HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE' PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized ond existing under the laws af the State of California and hailing its principal office in the City of San Diego, California, does hereby nominate, constitute and,appoint: JERRY E. GOLDSTINE BRUCE N. KING JAMES A. WIESE '. COLLEEN MARVIN its true and tcwful Attorney(s}-in-Fact, with full pawe,:, and outhor~ty hereby conferred in its name, ploce and stead, to execute, seal, acknowledge and del:tver any and all bonds, undertakings, re70gnizances or other written .obligations in the nature thereof~ This Power af Attorney is granted and is signed ond sealed by facsimile under and by the authority of the following Resolution adopted by the Boord Of Directors .of ,INSURANCE COMPANY OF THE WEST ot a meeting duly called and held on the Sixth" day of February, 1973, which said Resolution hos not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretory'may from time to time appoint Attorneys-in- Fact to represent and oct for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive. Corrmittee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further . . RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of ond on behalf of the Company any and all b.onds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact sholl be as binding upon the Company as if signed 'by the President and sealed and attested by .the Secretory," IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST hos caused its official seal to be here- unto affixed oqd these presents to be signed by its duly authorized ,officers this 30th day of January, 1990. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 30th day' of January 1990 before the subscriber, 0 Notory Public of the State of Californio, in and for 'the County of Son Diego, duly commissioned and qualified, came BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation I and that the said Corporote Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Co~poration. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the Ci'ty of Son Diego, the day and veal" first, obolle written. OFFICIAl5E.Al THOMAS M. BLOSE STATE OF CALIFORNIA COUNTY OF SAN DIEGO $5: Notary Publ~c I, the undersigned, JAMES W. AUSTIN, III, Secretory of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER 'OF ATTORNEY, of,which the foregoing is a full, true and correct copy, is in full force and effect, and has nat been relloked. IN WITNESS WHEREOF, I halle hereunto subscribed my Corporate Seal of the Corporation, this 7th day of name os Secretary, and affixed the September 19 90 10300 Torre Avenue Cupertino. California 95014 Telephone: (408) 252-4505 DEPARTMENT OF THE CI1Y CLERK June 13, 1988 Mariani Group of Companies Four l1ain Street P. O. Box 306 Los Altos, CA 94022 P.O. Box 580 Cupertino, California 95015 I~WROVEMENT AGREEl1ENT -HOl1ESTEAD ROAD AND DE ANZA BOULEVARD We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Mariani Group of Companies, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 7521, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, June 6, 1988. Sincerely, x..r7?~ DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so ene!. cc: Department of Public Works " RFSOIlJTIOO NO. 7521 A RESOIlJTIOO OF '!HE CITY o:lJNCIL OF '!HE CITY OF a:JPERI'INO APPROVING l?ARCEL MAP lIND ~ PlANS OF PROPERl'Y LOCATED 00 '!HE SCUJllWEST a:.lBNER OF ~ :aoAD lIND NORlH DEi\NZA B:XJIEIlARD1 DEIlEIDPER, Ml\.RIANI GROOP OF o::M\?ANIES AUIHORIZlNG EXEaJl'I00 OF IMP.!<OVEMENT AGREEMENT: AUIHORIZING SIGNING OF PARCEL MAP lIND IMPROVEMENT PrANS WHEREAS, there has been presented to the city Council for approval of the parcel lllap am improvement plans of property located on the southwest corner of Homestead Road am North DeAnza Boulevard by Mariani Group of conpanies; am WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, cu:d:ls, am gutters, am for other improvements, am gocxi am sufficient .bon:ls (letter of credit) , fees, am deposits as set forth in Eldrlbit "A" having been presented for the faithful performance of said work am the carrying out of said agreement; am said map, agreement am .bon:ls having been approved by the City Attorney; NCW, 'lHEREFORE, BE IT RESOLVED THAT a. Said. parcel map am improv~ plans· herein referred to are hereby approved. b. The offer of dedication for street areas am all easements are hereby accepted. c. The city Engineer is hereby authorized to sign said improvement plans. d. The city Engineer am the city Clerk are hereby authorized to sign said parcel map am have it recorded. e. The Mayor am the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED lIND AOOPl'.ED at a City of CUpertino this 6th follCMing vote: regular meeting of the City Council of the day of June . , 1988 by the , .. RESOlllTION NO. 7521 vote Members of the City O::ltmci.l AYES: Koppel, Plungy, Rogers, Gatto NOES: None ABSENT: Johnson ABSTAIN: None APPROVED: lsI John M. Gatto Mayor, city of OJpertino ATl'E'Sl': lsI Roberta A. Wolfe Deputy City Clerk RESOIDl'ICN NO. 7521 EXHIBIT "A" samruIE OF BJNI), FEES, AND DEFOSrl'S DElVEIDmENT: Q:munercial. Mariani G:l:oup of Companies IJ::lCATION: Southwest Comer of HClllIestead Road am N. DeAnza BOUlevard A. Faithful. l?erfomance Bond: $55,000.00 Fifty-five 'Ihlusan:i am no/100 D::Illars B. I.al::iOr am Material Bond: $55,000.00 Fifty-five 'lhousand am nojlOO D::Illars c. Checkinq am inspection Fee: $ 3,300.00 'lbree 'lhousand 'lbree Hund:re::l am nojlOO D. Indirect City Expenses: $ 495.00 Four Hundred Ninety-five am no/100 D::Illars E. Development Maintenance Deposit: $ 1,000.00 One 'lbousa.nd. am no/100 D::Illars F. storm Drainage Fee: $ 296.00 Two Hund:re::l N:i.nety-six am no/100 D::Illars G. One Year Power Cost: $ 150.00 One Hund:re::l Fifty am no/100 D::Illars H. ~ Trees: By Developer I. Map Checkinq Fee: $ 210.00 Two Hund:re::l Ten am no/100 D::Illars J. Park Fee: $N/A K. water Main -Extension Deposit N/A L. Maps and/or IlIlprcveJDent Plans: As specified in Item 23 of agleeroe:nt M. Deposit for ~ TWenty-nine 'lllausarrl ard no/IOO Dollars $29,000.00 '!he Developer agrees to provide the City with a cash deposit for the CQlWersion of ove:mead utility wires to an un:lel:g:I:ourx location. Said deposit is shc:Mn on page 3, part M herein. Said deposit shall be held for ten (10) years ard used by the city solely for the public street frontage on the parcel covered by this agreement. After ten years from the date above, deposit may be returned upon Developer's fol.'lllal request. AGREEMENT COMMERCIAL DEVELOPMENT HOMESTEAD ROAD/NO. DE ANZA BOULEVARD APN 326-10-034 This AG:'-<G1ENT made and entered into this day , 19 B8 , by and bet'N'een the CIT':{ OF C ... ?£.RlINO, a municipal corporation of the state of califo:rn.ia, he.....-einafter designated as CITY, and MARIANI GROUP OF COMPANIES hereinafter designated as DEVEIDPER. WIT N E S S. Jl:."T H WHEREAS, the DEVEI.OPER has made application to the CITY for a PARCEL MAP AND BUILDING PERMIT to construct and maintain a COMMERCIAL DEVELOPMENT hereinafter referred to as "Project." WHEREAS, CIT':{ hereby a:pp=es the imp=e.ment. plans and specifications prepared for the Project by MISSION ENGINEERS ; a true copy of ~c:h imp=ement plans and specifications ere on file in the office of the City En;rineer of CUpertino; and WHEREAS, the same are incorporated herein by reference, the same as t.~ set out in full: NOW, THEREFORE, said ~=emerrt: plans and specifications shall be hereinafter called the "Plans," and the work to be done ur.der the Plans shall be called the ''Work.'' 1 . '" ~. ,'._ ~., ..... _ .•.. ~ ... ~ •. ~_ .......... ' ..... :~'" _t':_:. ,. , .. ;---•. -.'.,. .•• -. .• ".'.~ ." .'~ .. '-~-' WHEREAS, prrsuant to the provisions of this AGREE11ENT, the CITY he..>-eby established the arrounts of Eon::ls, Fees, and Ceposits as set forth in the following schedule: SCllEIUlE OF EOIIDS, FEES AND DEPOSrIS street Inprovernent Category: PARI' A. Faithful Performance Eond: FIFTY FIVE THOUSAND AND 00/100 DOLLARS PARI' B. I.al::or and Material Eond: FIFTY FIVE THOUSAND AND 00/100 DOLLARS PARI' C. Cl:Lecking and Inspection Fee: THREE THOUSAND THREE HUNDRED AND 00/100 DOLLARS P_~ D. Indirect city Expenses: FOUR HUNDRED NINETY FIVE AND 00/100 DOLLARS PARI' E". Development Maintenance Ceposit: ONE THOUSAND AND 00/100 DOLLARS PARI' F. Stonn Drainage Fee: TWO HUNDRED NINETY SIX AND 00/100-DOLLARS PARI' G. One Year PcMer Cost: ONE HUNDRED FIFTY AND 00/100 DOLLARS PARI' H. street Trees: By Developer PARI' I. Map Olecking Fee: TWO HUNDRED TEN AND 00/100 DOLLARS PARI' J. Park Fee: PARI' K. water Main Extension Ceposit: PARI' L. Maps and/or Improvement Plans: PART M. DEPOSIT FOR UNDERGROUNDING TWENTY NINE THOUSAND AND 00/100 DOLLARS $ 55,000.00 $ 55,000.00 $ 3,300.00 $ 495.00 $ 1,000.00 $ 296.00 $ 150,00 $ 210.00 N/A N/A $ 29,000.00 The Developer agrees to provide the City with a cash deposit for the conversion of overhead utility wires to an underground location. Said deposit is shown on page 2, part M herein. Said deposit shall be held for ten (10) years and used by the City soley for the public street frontage on the Parcel covered by this Agreement. After ten years from the date above, deposit may be returned upon Developer's formal request. REVISED May 20, 1988 2 NGW, 'IEEREFORE, IT IS I:lEREBY MiJR"ALLY AGREED by an:i bet'..reen the parties hereto as 'follows, 'IO WIT: 1. DEDICATION A. '!he DEVELOPER offers to dedicate the real property s.'1own on Exhibit "A", whicll. is attached hereto an:i made a part hEl-""E!Of by reference. Said dedicated property shall be free and clear of all liens or en=.brances except those which the CITY shall waive in writing. '!he DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. t;pon execution of this AGREEMENT the DEVE!'.DPER agrees to deliver a properly executed grant deed to the CITY of the real prope...rt:y desc:::-ibed in Exhibit "A", and such other executed conveyances, or ir.strull'.ents necessary to convey clear title as herein required. '!he DEVELOPER s.'l.all provide, at the DEVELOPER'S sole cost and expe.l1se, to the City: (1) A prel.iln.i.r>.ary title report "iSSUed by a title insu.."<3!lce ~y relating to the property offered for dedication. (2) A standaJ:d policy of title .:L."1SUrel".ce issued by a title insurance ~y and insuring the CITY in the Stll1l of: N/A, and whic.i. shall shew said property free and clear of all liens or en=brances except those as the CITY shall expressly ,,'aive in writing; said policy shall be ful:ni.shed at the tbr.e of accept:ance of dedication an:i recoroation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and <Nary COVeI".ant an:i con::lition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALIATION OF mFK It is further agreed that: A. '!he DEVEIDPER shall install an:i COlIlplete the Work wit.;un one (1) year from the date of execution of this AGREEMENT, or such longer period as J'IIay be specifically authorized in writing by the City Engineer. In the event the DEVEIDPER fails or refuses to COlIlplete the Work within the specified period of tillie, the CITY, at its sole aption, shall be authorized to COlIlplete the Work in what<Ner J'IIanner the CITY shall decide. In the event the CITY campletes the Work,. the CITY J'IIay recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. '!he DEllEIOPER shall install and camplete the Work in a goo:i and workm:lnlike J'IIanner in accordance with the plans as approved by the City Engineer of OJpertino. '!he Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plaI"..s, specifications, stan:iards, sizes, 1i.'1eS, ani grades approved by the City Engineer. '!he Work shall be done in accordance with all state ani County statutes applicable hereto. 'Ille decision of the City Engineer shall be fir.al as to whether any J'IIaterial or workmanship meets the standarde, specifications, plans, sizes, lines ani grades as set forth. :3 C. It is furt.':Ler agree:i that the Work shall J:e done in a=rdance with the Il\OSt current standard Specifications of the Deparbnent of PUblic Works, california Department of Transportation, state of california, and in a=roance with the specifications of the CUpertino Sanitary District where applicable. 1-<1le.--rever the words "State" or "california Division of Highways" are mentioned in the State Specifications, it shall J:e considere:i as referring to the CITY of CUpertino; also wherever the "Director" or "Director of PUblic Works" is rnentione:i, it shall J:e considere:i 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 J:e use:i in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVElOPER shall ccmply with section 'Ihree of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer J:efore the carnrnencernent of any excavation in, on, or under the surface of any existing public. street, lane, alley, sidewalk, or other public place. It is further agree:i that the DEVEl.DPER shall notify the City Engineer of the exact date and tilne when the propose:i excavation is to carnmence. 4. ~DEED It is further agree:i 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 undeJ:gr'Cl\ln:l. strata lying J:eneath said project and DEVELOPER agrees to execute a "Quitclaim Dee:i and Authorization" in favor of CITY, when presented to him for signature, W;7",o,,", >ti'!bt 1C.\'if,. ... ~ " .. S"r~~ .. e"Try ~ 5. EONDS AND OIlIER SECIJRITY ,;/ A. Upon the execution of this AGREEMENT, the DEVElOPER shall file with the CITY a faithful perfonnance bard to assure his full and faithful perfonnance of this AGREEMENT. 'TIle penal sum of said faithful perfonnance bond shall J:e the full cost of· any payment to J:e made under this AGREElIDlT, the value of any land agree:i to J:e dedicated, and any irnorovernents to be made under this AGREEMENT. In the event that ill1Provernents are to. J:e made under this AGREEMENT, the DEVEl.DPER shall, in addition to said faithful perfonnance, file with the CITY a labor and materials bard in a penal sum adequate to assure full payment of all labor and materials required to construct said :il!1provernents. The amount of said barns shall J:e as designated by the City Engineer. Said barns shall J:e executed by a surety ~ authorize:i to transact a surety business in the state of California and must J:e approve:i 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 corditions of this AGREEMENT, or to make any payment, or any dedication of land, or any :il!1provements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVElOPER I S failure to so do. 4 B. In lieu of a surety !:onei, t.'le DEVELOPER ;nay elect to SeC".J...."e t.'us AGREEMENT by depositing with the CITY: 1. cash; or, 2. A cashier I 5 check, or a certified check payable to the order of the city of Clpe:l:tino; or, J. A certificate of deposit, or instrument of credit meeting the requireme.'1ts of Government Code Section 66499 (b) or .(c) • C. '!he amount of said cash, ched::s, certificate of deposit, or instrument of credit shall·l::e as designated by the city Engineer, and sl'.all l::e the equivalent to t.l-Jat which would have l::een required had the DEVElOPER :furnished the CITY with a surety band. In the event that t.'le 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 ilnproveme.'1ts herein required, the CITY may apply the proceeds of said security t.'lereta. D. No release of surety band, cash'&iosit, check, or certificate of deposit, shall l::e made except upon approval of the city Council. E. No interest shall l::e paid on any -security deposited with W.e CITY. 6. CHECKING AND INSPECTION FEE It is further agreed that DEVEtOPER shall pay any and all necessary direct expenses for inspection, c.'lecking, etc., inct=ed by CITY in connection with said l?roject, and that DEVEtOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth he."13in at Page 2 (Part C). Should construction cost vary materially from t.'le est:L'l'ate from which said SUl1\ is calculated, the City Engineer shall notify DEVElOPER of any additional SUl1\ due and ewing as a result thereof. 7. DIDIREcr EXJ?ENEES It is further agreed that DEVEtOPER shall pay to CITY, prior to execution of this AG!lEEMl!Nl', indirect expense allocable to pr=essing these :iropravements, the amount as set forth herein at Page 2 (Part D) • It is further agreed that the DEVEtOPER shall deposit with CITY, prior to execution of this AG!lEEMl!Nl', for office c.'lecking of final map and field checking of stl:ee.t monuments, in compliance with Section 4:1 of Ordinance No. 47 (P.sIrised. 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I). 5 '.---.~-,-.. -.~-" --.. ~.-.-" .•... --.".-.~,.-....... , ...... -.,.,. ... ,,'''''-~"~ .. , ... -... ~~,.--'-.. -.. ,"," " It is further agreed that the DEllELOPER shall pay to the CITY, prior to execution of this ~, the anomt set forth herein at Page :2 (Part E) as a develaptr;!!l'lt naintenance deposit to insure proper dust control and cleanin;r during the construction pericd. '!he development maintenance deposit may be utilized for repairs of defects and i.~ections arising out of or due to faulty workmanship a"lCl/or naterials app:aring in said work during the pericd until release of the i.mprovement bonds by the CITY. Should the DEVEIDPER =t1Plete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the i.mprovement bonds. It is fur'-JJer agreed that the DEVEIDPER shall deposit with the ClTY, prior to execution of this AGREEMENT, a storm d..>ainage cha..""9'e in connection with said Project in accordance with the requireme.'1ts established in Resolution 4422, March 21, 1977, in the ar..ount as set forth he...rein at Page:2 (Part F) • • . ". 11. WATER MAIN EU'ENSION DEFOSTI '!he DEVEIDPER further agrees to deposit with the CITY those monies required to comply with "Policy on water Main Extensions Work and Deposits" data:1 9/30/77. The dep:lSit shall be held by the CITY until saiq. monies are needed to i.mplement i.mprovements outlined by the Director of Pllblic Works or i.mprovements outlined within the adopted Water }f.aster Plan. '!he anomt shown herein at Part K, Page 2, shall be the full anomt due. 12. ONE YEAR ro-IER ClJST It is further agreed t.'at the DEVEIDPER shall pay to CITY prior to execution of this AGREEMENT, the am:runt as set for'""JJ herein at Page :2 (Part G), which anomt represents the pc:Mer cost for street lights for one year. 13 • THE INS'I7lLI.ATION OF STREET TREES It is further agreed that the DEVEIDPER shall, at such time as dee.'l!ed appropriate by the City Engineer, plant street trees in confonrance with the standards of the City of Olpertino. Variety of tree shall be selected from the city approved list. 14. PARK FEES It is further agreed that the DEVEIDPER shall pay such fees a"lCl/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication ordir.ance" Number 602, 1972, and which is further stipulated l.lJ."Xier !?art J, Page 2 herein. 6 14-A. .!?A.~ FEE AIlJl1Sn1ENT PFDVISIONS 1lle value of the ... ~xl. used in establishing the ", -ck Fee" outline:i herein on Page 2, .!?art J, requires fo:t:mal confi:mation. 1lle CITY shall employ a qualifie:i 1=1 appraiser to provide a market value of the lan:l. 1lle city will calallate the "Park Fee" based on the appraisal. lbe De:Veloper agrees to pay for &rf deficiency within th:irt:y: (30) days ar:d the city agrees to refLI:rxl. cverage within th.irty (30) days. Mju.st:ments shall be made prior to acceptance of the suJ:x:l.ivision ~rovements. 15. ~CE OF "\\QRK It is furt."er agreed that the DEVEIDPER shall maintain the Work until all deficie.'1cies in the Work are =rrected to =mom to t.1;e Plans ar:d the city sta."Xla:l:ds ar:d SJ:;ECifications for the Work. The DEVELOPER shall, U!;OIl writ'"..en notice the..>-eof, immediately repair or replace, without c.."'St or obligation to the. City of OJpa..>-tino, ani to the enti:re satisfaction of said c:::r:r'l, all defects ani :ilrg;:e.....-fections arisir:q out of or due to faulty v;orkmanship an:ifor materials appearir.g in said Work. 16. SANI'D\RY DISTRIcr It is fur'"J:1er agreed that the DE.VEI:J::IPER shall file wit." CIT'l, up:ln exeartion of this ~, a letter :from t.1;e OJpa.."tir..o Sanitary District statir.g t.1;at the DEV"ELOPER l'..as ert"..ered into a separate ~ with the said District to install sanitary sewers to serve all lots within said Proj ect an:l S--...atir.g that a borxl. to insure full ar:d faithful perfOl:l!la!lCS. of the =nsb:uction of the said sanitary sewers ani to insure maint.er>.ance of said sanitary sewer in =nformance witl). .. the previsions as set forth in Paragraph 15 al::ove has been file:i. 17. C-OV.EE\NMENT CODE It is further agreed that DEVEIDPER shall file with CIT'l, U!;OIl exeartion of this AGaEEMENT, substantial evidence t.1;at all provisions of Section 66493, Article 8, Chapter 4 of t.1;e C-cvemment Co::1e, pert:a..inin; to sp=cial assessments or bon:is, have been =-Plie:i wit.". . 18. CENTRAL FIRE DISTRIcr It is further aqreed that the DEVEIDPER shall file with the CIT'l, upon exeartion of this 1>~, a letter fl:om the CentraJ. Fire Pl:otection District of Santa Clara County, statir.g that the DEVEIDPER has ente:red into an ~ with said District· to ins--...all fire hydrent:s to SE!..""Ve said Project ani statir.g t.1;at all I1ecessary fees have been deposited with said District to insure .i!'.stallation ani five (5) year rental fee of said hydrants. 19. PACIFIC GAS AND EIEcrRICfI?ACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas ani Electric eornpany an:ifor to PACIFIC EEl:L Cc!!q;lany any ani all fees required for installation of cve:thead arxl.jor un:lergroun:l. wirir:q ciro.ti.ts to all electroliers within said prcperty ani any ani' all fees :z:eg).lired for' UI1d~ as proviOed. in ordinance No. 331 of CIT'l ...men DEVEI.OPER is notifie:i by either the city En;Jineer or the Pacific Gas ani Electric ~ an:ifor PACIFIC BELL Compar:ty that said fees are due ar:d payable. 7 •• , •• " 1('1* ".' •• " .~ .. ->." •••. ,., •••••••• t r 20. 1'1ISEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project s.'1all be acqui.re::l by the DEVEJ:DPER at his own cost and expense. It is provided, hcwliNer, that in the event eminent detrain proceedings are required by the CIT'{ for the purpose of securing said easement and right-of-way, that the DEVE!0PER shall deposit with CIT'{ a sum =vering 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 dam3.ges, if any. It is further provided that in addition thereto, such S1llllS as may be required for legal fees and costs, en;,ineering, and other incidental costs in such reasonable amounts as the CITY may req¢re shall be deposited with the city of CUj;:ertino. 21. HOID l:!l\RMLESS It is further agreed that, =encing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVE!0PER shall indemnify, hold harmless and defend the CITY fram and against "any" or all loss, cost, expense, damage or liability, or claim thereof, o:::casioned by or in any way whatscever arising out of the performance or nonperformance of the Work or the negligence or willful mis=n:iuct of the. WJE[OPER or the WJE[OPER' S agents, erployees and independent contractors. 22. lNSURANCE: It is further agreed that: '!he DEVEIDPER 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 hereurrler, a policy of insurance nalllin;1 the CJTl and members of the city Council of the City of CUpertino, individually and collectively, and the officers, agents and erployees of the city individually and collectively, as insu..""Ed. Said separate policy shall provide bodily injury and property damage coverege to the foregoing na:med CJTl and individuals covering all the Work perforrred by, for, or on behalf of said DEVEIDPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the =verege affol:ded thereby shall be pr.iJna:r:y coverage to the full lil1lit 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 CIT'l, individually and collectively, have other insurance against the loss =vered by said policy or policies, that other insurance shall be excess insurance only. a .. A. Eac.'L of said policies of insurance shall provide coverage in the follcwing minimum amounts: For bcxiily injw:y, $100,000 each person; $300,000 each =ence, property da.'l'age, $50,000 on account of cmy one occurrence with an ag9Le:Jate limit of not less than $200, 000. B. '!he DEVErDPER shall file with the city Engineer at or prior to the tilre of execution of this AGREEMENT by the DEVErDPER 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 precJ.1.ld.irq 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 sepa..rate municipality or political subdivision of the state of califo:t:nia, the policies of ins'..u:ance requi.red herein am alxlve shall co-name such municipality or political subdivision and the provision set forth herein and alxlve for the pLOtection of the CITY shall equally aJ;lPly to municipality and political subdivision;--- 23. M1IPS AND/OR IMJ?ROVEMENT P!ANS It is further agLeEid that the CITY shall obtain the following map and/or plans at the DEVELOPER'S ~: A. A mylar sepia and seven (7) prints of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed improveme.'1t plans. C. A direct duplicating silver ne;ative mi=fllm aperature card of all executed i.mprovement plans am map. '!he DEVELOPE!'l agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans am map requi.red l.lrXl.er Item 23. This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVErDPER. '!he assignment of this !\GREEMENT shall net be made without approval by the City council of the City of Cq:ertino. 9 PARTNERSHIP ACKNOWLEDGMENT State of County of I }~. OFFICIAL SEAL CAROL A SMITH tlOTARY PUB"e • CAliFORNIA SAIflA C\JIM CCUNlY M1 ""mm. '>1'1,,, NO'I 18, 1988 19-L before me, On this the tIt? ~ay of ~ fIAM-t d'. ~ I the undersigned Notary Public, personally appeared .. A... • ' •• ~tI.J. ~ ~erSOnallY known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within Instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. ~tf'. ~ Notary's Signature 7 NO. 203 ATTORNEY-IN-FACT ACKNOWLEDGMENT State of e. {~ ___ } County of ~ U. 4..... SS. / OFFICIAL SEAL I· CAROL A SMITH . N01ARY PUBLIC -CALIFORNIA" SANTA CLAIlA COUNTI J My comm. expire. NO'I 18, ISS}, Onthisthed7~aYOf ~ 19 j'F before me, the undersigned Nolary Publio, personally appeared jJ~ aI. ?tt~ (name of attorney in facl), ili(personally known 10 me o proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to Ihe within instrument as attorney I I in fac\ 6f __ '-f~ 4_ ~ zzr (name of p~rson'Qot appearing before Notary), the principal, and acknowledged to me that I' ~ (he/she) subscribed the principal's name thereto and __ ~--",,,,,'~ __ (his/her) own name as attorney in fact. WITNESS my hand and official seal. ==~==~~==~~~.~~ Notary's Signalure NO,204 ... IN WI'INESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor an:i City Clerk, thereunto duly authorized by :resolution of the City council an:i said DEVELOJ?J::R has hereunto caused his name to be affixed the day an:i year first alxlve written. Approved as to form: Nota2:y Ac.1m0'1l1edgment Required Exhibit A Attached (Rev. 5/9/86) 10 CITY OF aJPERrll!O: DEVELOPER: MARIANI GROUP OF COMPANIES • ,,'. PRODuCER Jardine Emett & Chandler Inc. P.O. Box 637 Santa Clara, CA 95052 INSURED Walsh Construction Co., Inc. 22 No. Almaden Ave. San Jose, CA 95110 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. COMPANIES AFFORDING COVERAGE COMPANY A LETTER Royal Insurance CO. COMPANY B LETTER COMPANY C lETTER COMPANY D LETTER COMPANY E LETTER Citation Ins. Co. 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 OESCRIBEO HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS, AND CONDI-TIONS OF SUCH pOLICIES. TYPE OF INSURANCE LIABILITY GfNfAAllIABll1TY LIABILITY ANY AUTO All OWNED AUTOS SCHtoULtO AUTOS HIRED AUTOS WORKERS' COMPENSATION AND EMPLOYERS' WASILITY The City of Additional Ins urance and no POLICY NUMBER PSQ 006144 PST 106050 PLA 215901 WCP 010298 C ertino, its eds under the 0 her insurance AlL LIMITS IN THOUSANDS 4/30/88 4/30/89 4/30/88 4/30/89 4/30/88 4/30/89 3/5/88 3/5/89 City Officers & Employees are named pol policy operate as primar eff City shall be called The City of Cupertino is named as Additional Insured as respects: Cupertino Retail -Mariani Group of Companies, 4 Main St., Los Altos, Ca. 940 The City of Cupertino 10300 Torre Ave. Cupertino, Ca. 95014 SHOULD ANY OF T~E ABOVE DESCRIBED POLICies BE CANCELLeD BEFORE THE EX· PIRATION DATE THEREOF, THE ISSUING COMPANY WILL:xS1!R¥lCS&l& MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1ltIXXil!W~~:ll?lI~st'k~'>!;~~~n'l1,* \I!k