88-032 Tandem Computers, Inc., Improvement Agreement 10435 Tantau Avenue, Resolution No. 750010300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (406) 252-4505
fAX: (408) 252-n753 .
gEPARTMENT Of THE CITY CLERK
September 12, 1990
Dennis Kelly
Cft't of C\fp~'t'ti"'D
Project Manager, site Development
corporate Real Estate and Construction
Tandem Comput,ers Inco:tporated
10400 North Tantau Avenue
CUpertino, CA 95014
P.O. Box 5BO
Cupertino; CA 95015-0560
AGREEMENT BE.'IWEEN 'lEE CITY OF aJPERl'mO AND TANDEM COMIUI'ERS
!)ear Mr. Kelly,
We are enclosing to you one copy of the Agreement by and between the city
of CUpertino and Tandem Coroputers Incorporated which has been fUlly
executed by city Officials, along with one (1) copy of Resolution No.
8201, which was enacted by the City Council of the city of CUpertino, at
their regular :meeting of Monday, AugUst. 6, 1990.
Resolution No. 8201: "A ~ution 9f the City Council of the city of
CUpertino Authorizing EKecution of Agreement Between the city of Olpert:ino
and Tandem Coroputers, Incorporated Relating to the Installation of Traffic
Signal System and Safety Lighting at the Intersection of North Tantau
Avenue and Entrances to Parking at 10435, 10300 and 10400 North Tantau
Avenue"
Sincerely,
~~ IXlBOIHY CORNELIUS
CITY CI.ERK
CITY OF aJl?ERI'INO
lX:jso
encl.
l '
:RESOIVl'ION NO. 8201
A RFSOII1l'ION OF THE CI'lY 0XlNc:IL OF THE CI'lY OF aJPERI'INO
AUmORIZmG EXEO:1l'ION OF 1IGREEMENT BElWEENTHE CI'lY OF
aJl?ER1'INO AND TANDEM~, IN<Xl.ROORATED REI.M'lNG 'IO THE
INSTALIATION OF '.mAFFIC SIGNAL SYSTEM AND SA:FElY LIGHI'ING
Kr THE INTERSECI'ION OF NORlH TANTAU AVENllE AND ENTRANCE'S
'IO PARKING Kr 10435, 10300 AND 10400 NORlH TANTAU AVENllE
WHEI:<El\S, the inte:rsection of North Tantau Avenue and entrances to
parkinq at 10435, 10300 and 10400 North Tantau Avenue. is not presently
signalized; and
WHEREAS, traffic signal warrants for this intersection are not new
satisfied; and
WHEREAS, the TarDem CO!!'Iput:ers, Incorporated desires to pay for the
costs to design, install and maintain a traffic signal at aforesaid
location; and
WHERFA9, the City of Olpertino and TarDem Computers, Incorporated do
Im.Itually desire to cooperate and jointly participate in construction of
the traffic signal system and safety light.in) and necessm:y street
:i:nprovement; and
WHEREAS, an agreement has been presented to the City council for the
ilnplementation of said joint: project, and the terms and conditions of said
agreement having been approved by the Director of PUblic works and the
City Attorney;
Na'l, 'IHEREFORE, BE IT. RESOlJJED that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in :behalf of
the City of 0Jpertin0.
PASSED AND AOOPl'ED at
city of Olpertino this
foll~ ~:
a regular meeting' of the city council of the
6th day of August , 1990, by the
vote Members of the City Council
A'lFS:
NOFS:
ABSENT:
ABSTAlN:
ATl'EST:
Koppel, Szabo, Rogers
None
Goldman, Sorensen
None
lsi Dorothy Cornelius
city Clerk
lsi Barbara A. Rogers
Mayor, City of CUpertino
· '.
AGREEMENT
THIS AGREEMENT, ENTERED INTO ON August 6, 1990 , 1990, IS BETWEEN
AND
CITY OF CUPERTINO, a body
politic and a municipal
corporation of the State of
California, referred to herein
as "CUPERTINO".
TANDEM COMPUTERS INCORPORATED,
a corporation of the state of
Delaware, referred to herein
as "TANDEM".
(1) The intersection of NORTH TANTAU AVENUE and the
entrances to parking at 10435, 10300, and 10400 NORTH TANTAU
AVENUE is not presently signalized and traffic signal warrants
for this intersection are not now satisfied.
(2) TANDEM and CUPERTINO do mutually desire to cooperate and
jointly participate in the construction of a traffic signal
system and safety lighting and necessary street improvements at
the subject intersection, referred to herein as "PROJECT", and
desire to specify herein the terms and conditions under which
said improvements are to be designed, constructed, financed and
maintained.
SECTION I
CUPERTINO AGREES:
(1) To provide advertisement, bid opening, award of the
contract, contract administration and all necessary construction
engineering services for the PROJECT.
(2) Prior to advertisement for construction of PROJECT, to
submit said plans and specifications to TANDEM for review and
concurrence as to conformity to TANDEl1' S standards and/or
existing facilities.
Page I of 5
· .
(3) To award the contract for the i~stallation of the
traffic signal system and safety lighting on the basis of
competitive bids in accordance with CUPERTINO'S construction
bidding standards.
(4) To construct the PROJECT by contract, with a
construction contractor licensed by the State of California, in
accordance with the plans and specifications of CUPERTINO.
(5) To bear the entire expense of engineering design,
advertising for bid, bid opening, award of contract and
construction engineering costs (including all direct and indirect
costs, functional and administrative overhead assessment)
attributed to PROJECT, except for costs to be borne by TANDEM as
set forth hereinafter in section II, Articles I, 2, and 3.
(6) To bill TANDEM within thirty(30) days of CUPERTINO'S
execution date of a construction contract a sum equal to fifty
percent (50%) of the contract amount of construction costs.
(7) To bill TANDEM, from time to time, within thirty(30)
days of the date CUPERTINO is contractually obligated to pay for
construction costs, including cost overruns.
(8) To furnish TANDEM, upon completion of CUPERTINO'S
construction contract and all work incidental thereto, with a
detailed statement of costs to be borne by TANDEM.
(9) To maintain and operate the entire traffic signal system
and safety lighting as installed and to maintain all other
improvements constructed pursuant to this AGREEMENT.
(10) To provide detailed records of all direct and indirect
costs incurred by CUPERTINO in maintaining said traffic signal
system and safety lighting.
(11) To conduct annual traffic studies at the subject
intersection for the purpose of determining whether a traffic
signal warrant is satisfied as described in Chapter 9 of the
State Traffic Manual.
SECTION II
TANDEM AGREES:
(1) To pay CUPERTINO within thirty(30) days of receipt of
billing therefor (which billing will be forwarded immediately
following CUPERTINO'S execution date of a construction contract
for the aforsaid improvements) the amount of the contract, which
amount represents the estimated cost to TANDEM. The actual amount
Page 2 of 5
, .
. .
of TANDEM'S costs will be determined after completion of the work
and will be one hundred percent(lOO%) of the total construction
costs for the installation of the traffic signal system, safety
lighting and roadway improvements and field inspection and
equipment testing performed by CUPERTINO'S signal maintenance
contractor.
(2) To pay CUPERTINO, promptly upon receipt of billing
therefor, any amount over and above aforesaid payment, which may
be required to complete TANDEM'S financial obligation pursuant to
this AGREEMENT. In no event shall TANDEM'S total obligation for
said costs under this Agreement exceed the amount of eighty-eight
thousand dollars ($88,000.00); provided that TANDEM may, at its
sole discretion, in writing, authorize a greater amount.
(3) To reimburse CUPERTINO for the cost of maintenance and
operation of the traffic signal system and safety lighting;
provided, however, that such sum shall not exceed the amount paid
by CUPERTINO for traffic signal maintenence as established by
contract based on competitive bidding.
(4) In the event that a traffic signal warrant is satisfied
in the future, as described in Chapter 9 of the State Traffic
Manual, CUPERTINO will, at that time, assume all maintenance and
operation costs for the traffic signal system and safety
lighting. In the event that Chapter 9 of the State Traffic Manual
is revised in the future, the traffic signal warrants that
provide for the warranting of the traffic signal at the earliest
possible date, the current warrants or any new warrants, shall be
applied to this PROJECT.
(5) In the event that a traffic signal warrant is satisfied
within one year of the date of execution of this agreement, as
described in Chapter 9 of the State Traffic Manual, CUPERTINO
will reimburse TANDEM for the full cost of construction of the
PROJECT as set forth herein in section I, Articles 6, 7, and 8.
such reimbursement will be made by CUPERTINO within thirty (30)
days of the date when it is determined that a traffic signal
warrant has been satisfied.
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) Neither CUPERTINO nor any officer or employee thereof
shall be responsible for any damage or liability occuring by
reason of anything done or omitted to be done by TANDEM under or
in connection with any work, authority or jurisdiction delegated
to TANDEM under this Agreement. It is also agreed that, pursuant
to Government Code Section 895.4, TANDEM shall fully indemnify
Page 3 of 5
and hold CUPERTINO harmless from any liability imposed for injury
(as defined by Government Code section 810.8) occuring by reason
of anything done or omitted to be done by TANDEM under or in
connection with any work, authority or jurisdiction delegated to
TANDEM under this Agreement.
(2) Neither TANDEM nor any officer or employee thereof shall
be responsible for any damage or liability occuring by reason of
anything done or omitted to be done by CUPERTINO under or in
connection with any work, authority or jurisdiction not delegated
to TANDEM under this Agreement. It is also agreed that, pursuant
to Government Code section 895.4, CUPERTINO shall fully indemnify
and hold TANDEM harmless from any liability imposed for injury
(as defined by Government Code section 810.8) occuring by reason
of anything done or omitted to be done by CUPERTINO under or in
connection with any work, authority or jurisdiction not delegated
to TANDEM under this Agreement.
(3) Should any portion of the PROJECT be financed with
Federal funds or State gas tax funds all applicable procedures
and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
(4) After opening bids for the PROJECT, CUPERTINO may award
the contract provided the bids indicate a cost overrun of no more
than ten percent(lO%) of the estimated cost of eighty thousand
dollars($80,000.00) will occur.
(5) If, upon opening of bids, it is found that a cost
overrun exceeding ten percent(lO%) of the estimate will occur,
CUPERTINO and TANDEM shall endeavor to agree upon an alternate
course of action. CUPERTINO shall not be obligated to award the
contract unless such agreement is reached. Notwithstanding any
such overrun, CUPERTINO may award the contract, without consent
of TANDEM, if CUPERTINO agrees to assume financial responsibility
for the cost overrun.
(6) In the construction of said work, CUPERTINO will
furnish a representative to perform the usual functions of a
Resident Engineer. TANDEM may, at no cost to CUPERTINO, furnish a
representative, if they so desire. Said representative and
Resident Engineer will cooperate and consult with each other, but
the orders of CUPERTINO'S engineer shall be final.
(7) If existing public and private utilities conflict with
the construction of the PROJECT, CUPERTINO will make all
necessary arrangements with the owners of such utilities for
their removal or relocation. CUPERTINO will inspect the removal
or relocation of such utilities. If there are no existing
provisions for removal or relocation of utilities between TANDEM,
CUPERTINO and the owners of the utilities, CUPERTINO and TANDEM
will share the cost of any removal or relocation in the
proportion described above in section I, paragraph 5 and section
II, paragraph 2.
Page 4 of 5
, . . . . . ,,'
. . ' . • .
(8) TANDEM hereby grants to CUPERTINO and its agents and
contractors all necessary authority to perform within the
boundaries of TANDEM any and all work required to perform the
terms of this Agreement, and agrees to provide such documentation
as may be required by TANDEM to confirm such authority.
CITY OF CUPERTINO
APPROVED AS TO FORM AND
PRO~
c~ty A torney
TANDE~PUT
BY/)~
APPROVED AS TO FORM AND
PROCEDURE: --~(5hcd~-c:::: Attorney for Tandem
Page 5 of 5
•
10300 Torre Avenue
Cupertino, California 95014
Telephone: (406) 252-4505
~ 27, 1988
Attention: Art Osaki
19191 Vallco Parkway
CUpertino, CA 95014
IMPROVEMENT AGREEMENT
Cit" of C14l'crtiHD
P.O. Box 560
Cupertino, California 95015
We are enclosing to you for your files one (1) copy of the Agreement by
and between the, City of CUpertino and Tandem Computers Incorporated
which has been fillly executed by city Officials, along with one (1) copy
of Resolution No. 7692, which was enacted by the city Council of the City
of CUpertino, at their regular meeting of Monday, ~ 19, 1988.
Sincerely,
CITY ClERK
CITY OF aJPERl'INO
IX:jso
encl.
=: Department of Public Works
,>
RESOIlJI'ION NO. 7692
A RESOIlJI'ION OF THE err..: o:xJNCIL OF THE err..: OF a::JP.l!Rr.INO
APm>VlNG FmAL PIAN FOR THE ~ OF FRONTAGE AT
10300 NORIfI TANTAU AVENUE, DEVEJ:OPER, TANDEM a::mtII'EBS,
mCDRroRATED 1IIJIHORIZING THE err..: ENGlNEER 'ltl SIGN THE FmAL
PIAN; AND 1IIJIHORIZING EXEall'ION OF AGRmIENT m OONNECl'ION 'lJ!EREWlTH
WHERFAS, there has been presenta:i to the City COUncil for approval of
the final plan for the ilIprovemem: of street frontage at 10300 North
Tantau Avenue by Tardem CcmputeJ:s, Irlcorporated; an:l.
WHERFAS, there has been presenta:i to the city council a proposed
agreement for the ccnstruction of streets, cw::I::lS, gutters, sidewalks, an:l.
for ather iltprovements, an:l. good an:l. sufficient bc:rils, fees an:l. deposits
as set forth in Exhibit "A" , having been presenta:i for the faithful
performanc:e of said work an:l. the carrying out of said agreement; an:l. said
plan, agreE!I!IIi!I'I, an:l. bc:rils having been approved by the city Attorney;
NCM, 'lHEREP0RE, BE IT RESOLVED that said final plan for the
il11provement of street frcrrt:age at 10300 North Tantau Avenue be an:l. the
same is, hereby, approved; an:l. the City Erqineer is hereby authorized to
sign said final plan; an:l. the Mayor an:l. the City Clerk are hereby
authorized to execute the ag:z:eemerrt herein referred to in behalf of the
City of CLlpert:ino.
PASSED AND AOOPl'ED at a :tegUlar meet.i.rg of the City council of the
City of Qlpertino this l.2..th. day of December , 1988 by the
following vote:
Vote Members of the City COUncil
AYES: Gatto, Johnson. Koppel. Rogers, Plungy
NOES: None
ABSEN'l': None
~; None
lsi Roberta Wolfe
city Clerk (Deputy)
lsI .John J. Plungy. Jr.
Mayor, City of Qlpertino
RESOIIJI'ION NO. 7692
EXI:IIBIT "A"
5alE!XJLE OF EOND, FEES, AND J::lE:R:lSl'I'S
LOCATION: 10300 NORm TANrAU AVENUE
A. Faithful Perfomance Bond: $ 10,000.00
TEN 'I'HCOSlWD AND 00/100 00LrARS
B. I.abor ani Material Bond: $ 10,000.00
TEN 'I'HCOSlWD AND 00/100 OOUA'RS
C. ~ ani Inspection Fee: $ 600.00
SlX HUNDRED AND 00/100 OOUA'RS
D. Irxl.irect city ElIpenses: $ 90.00
NINEl'll AND 00/100 OOUA'RS
E. Development Maintenance Deposit: $ 500.00
FIVE HUNDRED AND 00/100 OOUA'RS
F. stom Drainage Fee: $ 11,325.00
ElEVEN 'IHOOSAND'lliREE HUNDRED ~-FIVE AND 00/100 OOUA'RS
G. one Year l?CWer cost: N/A
H. street Trees: By Developer
I. Map~Fee: M/A
J. Park Fee: N/A
K. water Main Extension Deposit: N/A
L. Maps a.n::l/or :rmprovement Plans: M/A
~, . \
AGREEMENT
10300 N. TANTAU AVENUE
This ~ made and entered into this __ -::;.:29::..;:t""h_____ day
of __ .!.!N::..o.:.:ve"'m""b"'e.!..r _______ _ , 19.JiL, by and between the CI'l'1 OF
CUPERl'!NO, a :municipal col:pOration of the state of caJ.ifomia, hereinafter
designated as CI'l'1, and TANDEM COMPUTERS INCORPORATED, a California corporation
hereinafter designated as DEVEIDPER.
WITNESSETH
WHEREAS, the DEVEIDPER has made application to the CI'l'1 for a
BUILDING I'EllMIT
to construct and maintain a COMHERCIAL BUILDING
hereinafter referred to as "Project."
WHEREAS, C"rTI!' hereby approves the improvemmt plans and specifications
prepared for the Project by RUTH & GOING ;
a true copy of which improvemmt plans and specifications are on file in
the office of the city Ergineer of CUpertino: and
WllEREAS, the sane are incol:pOrated herein by reference, the same as
though set out in full:
NCW, THEREFORE, said :I.mprovemmt plans and specifications shall be
hereinafter called the "Plans," and the work to be done under the Plans
shall be called the ''Work.''
, ,
\
, , J
WHEREAS, pursuant to the provisions of this 1\GREEMENT, the CITY hereby
established the am::lIlIli:s of Bonds, Fees, and D:lposits as set forth in the
follCMing schedule:
SCBEIXJI.E OF EONI:S, FEES AND DEKlSITS
PARr A. Faithful Performance BoIx1: $10,000.00
TEN THOUSAND AND 00/100 DOLLARS
PARI' B. I.al:lor and Material BoIx1: $10,000.00
TEN THOUSAND AND 00/100 DOLLARS
PARI' C. Cheold.ng and Inspection Fee: $ 600.00
SIX HUNDRED AND 00/100 DOLLARS
PARI' D. Indirect City Expenses: $ 90.00
NINETY AND 00/100 DOLLARS
PARI' E; I:evelopment Maintenance D:lposit: $ 500.00
FIVE HUNDRED AND 00/100 DOLLARS
PARI' F. stann Dra:inage Fee: $11 ,325.00
ELEVEN THOUSAND THREE HUNDRED TWENTY FIVE AND 00/100 DOLLARS
PARI' G. One Year Power cost: N/A
PARr H. street Trees: By I:eveloper
PARr I. Map Cheold.ng Fee: N/A
PARI' J. Park Fee: N/A
PARI' K. water Main Eld:ensionD:lposit: N/A
PARI' L. Maps and/or ~Plans: N/A
2
-
, ,
Na'l, 'lHEREFORE, IT IS HEREBY ~ 1lGREED by ani between the
parties hereto as follows, ':to WIT:
1. DEDICATION
A. '!he DEVELOPER offers to dedicate the real property shOillJ. on
Exhibit "A", which is attached hereto ani made a part heteof by reference.
Said dedicated property shall be free ani clear of all liens or
encumbrances except those which the CITY shall, waive in writing. '!he
DEVEIOPER agrees not to :revoke said offer of dedication, ani to keep said
offer Open until the CITY accepts offer by resolution.
B. Upon execution of this AGREEMENT the DEVEI.OPER agrees to
deliver a properly executed grant deed to the CITY of the real property
described in Exhibit "A", and such other executed =eyances, or
instruments necessaty to =ey clear title as herein required. '!he
DEVEI.OPER shall provide, at the DEVELOPER'S sole oost ani expense, to the
City:
(1) A prelimina:!:y title repozt: issued by a title insurance
company relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance company ani insuring the CITY in the sum of: NfA, ani
which shall sha.v said P!ope!l.ty free ani clear of all liens or
encumbrances except those as ,the CITY shall expressly waive in
writing1 said policy shall be :fUrnished at the ti:ne of acceptance
of dedication ani recordation of deed.
C. Upon the condition precedent that the DEVELOPER shall
perf'OI'lll eaeh ani every covenant ani condition of this AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. mSTALIATION OF w::mK
It is further agreed that:
A. '!he DEVELOPER shall install ani complete the Work within one (1)
year from the date of execution of this AGRE:EHe:NT, or such longer perio:i
as may be specifically authorized in writing by the City Engineer. In the
event the DEVELOPER fails or refuses to complete the Work within the
specified period of time, the CITY, at its sole option, shall be
authorized to complete the Work in whatever manner the CITY shall decide.
In the event the CITY completes the Work, the CITY may recover ar/If and all
oosts incurred thereby from the DEVELOPER or the DEVELOPER'S surety or
both.
B. '!he DEVELOPER shall install and complete the Work in a good ani
worknanlike :manner in ac:co:t'dance with the plans as approved by the City
Engineer of 0Jpertin0. '!he Work shall be done in accordance with existing
ordinances and resolutions of the CITY ani in ac:co:t'dance with all plans,
specifications, st:aniards, sizes, lines, ani grades awroved by the City
Engineer. '!he Work shall be done in accordance with ali state and COUnty
Statutes applicable hereto. '!he decision of the city Engineer shall be
final as to whether ar/If material or l\IO!'laI1anship meets the st:andal:t'ls,
specifications, plans, sizes, lines and grades as set forth.
3
C. It is furtiler agreed that the work sball be done in accordance
with the Il'QSt current standard Specifications of the Departltlent of l?Ublic
Works, califomia Department of 'I'ransportation, state of california, ard
in accomance with the specifications of the CUpertino sanita::J::y District
where applicable.
'WhereVer the woms "state" or "califomia Division of Highways" are
mentioned in the state Specifications, it sball be cons~ as
referrin;r to the CJ!I!Y of CUpertino 1 also wherever the "Director" or
"Director of l?Ublic Works" is :mentioned, it shall be considered as
referrin;r to the city En;Jineer.
In case of conflict between' the state Specifications ard the
specifications of the CJ!I!Y an:l/or the CUpertino sanita::J::y District, the
specifications of the CJ!I!Y an:l/or the CUpertino sanita::J::y District shall
take precedence over ard be used in lieu of such ocnflictin;r portions.
3. EXcAVM'ION PERMIT
It is furtiler agreed that the DEVEIDPER shall ccmply with Section
~ of dniinance No. 130 of the CJ!I!Y bY obtaining an excavation permit
from the city En;Jineer before the commencement of arr:! excavation in, on,
or under the surface at arr:! existin;r public street, lane, alley, sidewalk,
or other public place. It is furtiler agreed that the DEVELOPER shall
notify the City En;Jineer of the exact date ard t:ilnewhen the proposed
excavation is to commence.
4. QUI'ICIAIM DEED
It is furtiler agreed that the DEVEIDPER, when requested bY the CJ!I!Y,
sball quitrilaim all his rights ard interests in, ard shall grant to CJ!I!Y
authorization to extract water from the ~ strata lyin;r beneath
said project ard DEVEIDPER agrees to execute a ,,~tcla.im Deed ard
Authorization" in favor of CJ!I!Y, when presented to him for signature.
5. B::lN!l3 AND OHlER SEalRI'lY
A. Upon the ~on of this AGREEMENI', the DEI1EI.OPER shall file
with the CIT1 a faithfUl performance bond to assure bis fUll ard faithfUl
perfo:anance of this AGREEMENI'. The penal sum of said faithfUl performance
bond shall be the fUll cost of arr:! payment to be made under this
AGREEMENr, the value of arr:! lard agreed to be dedicated, ard arr:!
improvements to be made under this AGREEMENT. In the event that
improvements are to be made under this ~, the DEVEIDPER shall, in
addition to said faithfUl performance, file with the CJ!I!Y a labor ard
materials bond in a penal sum adequate to assure fUll payment of all labor
ard materials required to construct said improvements. The atoount of said
bonds shall be as designated bY the City En;Jineer. Said bonds sball be
executed bY a surety ccmpany authorized to transact a surety .business in
the state of california ard lIII.lSt be approved bY the city Attomey as to
form ard bY the City En;Jineer as to sufficiency. In the event that the
DEVELOPER shall fail faithfUlly to perform the covenants ard conditions of
this ~, or to lI\ake arr:!payment, or arr:! dedication of lard, or arr:!
improvelOOl'lts berein required, the ~ shall call on the surety to perform
this ~ or othel:wise' i:r:demnify the CIT1 for the DEVEIDPER'S 'failure
to so do.
4
B. In lieu of a surety bord, the DEVEI.DPER. may elect to secure this
l\GREElo!ENT by depositiri;J with the CITY:
1. cash; or, ,
2. A cashier's check, or a certified check payable to
the order of the City of CUpert.i:noj or,
3. A certificate of deposit, or :l.nstt:ument of credit meeti.rg
the requi.re.ment:s of Gov'e:rI:l!rEln COde section 66499 (b) or
(e) •
C. The amount of said. cash, checiks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, am
shall be the equivalent to that which would have been :requiJ:ed had the
DEVEI.DPER. furnished the CITY with a surety bard. In the event that the
DEVELOPER. shall fail faithfully to perfom the covetl!l:nts am conditions of
this llGREEMENT, or to make any payIl'Snt, or any dedication of larxi, or any
:!Jqprovements herein :requiJ:ed, the CITY may apply the proceeds of said
security thereto.
D. No release of surety bard, cash deposit, check, or certificate of
deposit, shall be made except upon approval of the City CCluncil.
E. No interest shall be paid on any security deposited with the
CITY.
6. CHECIClNG AND INSPECTION FEE
It is further agreed that DEVELOPER. shall pay any am all necessaty
direct expenses for inspection, checki.nq, etc., in=-ed by CITY in
connection with said. Project, am that DEVELOPER shall have deposited with
CITY, prior to execution of this AGREEME:NT, the amount as set forth herein
at Page 2 (Part C). Should const:r:u.ction cost vary materially from the
est:hnate from which said. sum is calculated, the City Engineer shall notify
DEVEI.DPER of any additional sum due am owinq as a result thereof.
7. INDIRECr EXPENSES
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEME:NT, in:'I1:rect expense allocable to processing
these ~, the amount as set forth herein at Page 2 (Part D).
8. MAP cmx::KllTG FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this l\GREElo!ENT, for office ch.eck.i.n;r of final map am
field ch.eck.i.n;r of st::r:eet nv:muments, in conpliance with section 4:1 of
ordi.nance No. 47 (Revised 12/04/61) of CITY, the amount as set forth
. herein at Page 2 (Part Il.
5
9. DEVELOEMENT MAINTENl\NCE DEroSIT
It is furt:her agreed that the DEVELOPER shall pay to the CI'I':{, prior
to execution of this .l\GREEMENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deJ:XlSit to insure proper dust
control ardclea.ni.rg durirq the construction period. ~ development
maintenance deposit may be utilized for repairs of defects ard
ilI1perfections arisirq out of or due to faulty workmanship an::vor materials
appearirq in said work durirq the period until release of the impI'Ollement
borJJs by the CI'I':{. Should the DE.VELOPER complete the required repairs to
the entire satisfaction of the CI'lY, the unused balance will be returned
after the release of the impI'OIlement boOOs.
10. S'IORM DRAJll1\GE FEE
It is furt:her agreed that the DEVELOPER shall deposit with the CI'lY,
prior to execution of this AGREEMENT, a storm drainage charge in
connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) •
11. WATER M7IIN EXTENSION DEfOSIT
'!he DE.VELOPER furt:her agrees to deposit with the CI'lY those lIlOl1ies
required to comply with "Policy on water Main Extensions WOrk ard
Deposits" dated 9/30/77. ~ deJ:XlSit shall be held by the CI'lY until said
lIlOl1ies are needed to implement impI'Ollem=nts outlined by the Director of
l?Ublic Works or impI'OllE!ll'lmts outlined within the adopted Water Master
Plan.
'!he amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR ro-lER OOST
It is furt:her agreed that the DE.VELOPER shall pay to CI'lY prior to
execution of this AGREEl-IENT, the amount as set forth herein at Page 2
(Part G), which amount represents the power cost for st:r:eet lights for one
year.
13. THE IN'S'I!ALIATION OF S'mEElI' TREES
It is furt:her agreed that the DE.VELOPER shall, at such time as deemed
appropriate by the City Ergineer, plant stJ:eet trees in conform:mce with
the stardards of the City of OJpert.ino. Variety of tree shall be selected
from the City approved list.
14. PARK FEES
It is furt:her agreed that the DE.VELOPER shall pay such fees an::vor
dedicate such lard to the CI'lY, prior to execution, as is required within
"Park Dedication Ordinance" NUmber 602, 1972, ard 'Which is further
stipulated lll'Xier Part J I Page 2 herein.
6
~4-A. ·Pl'..RK FEE: .ilJll'tJSIMENT PF!JVT..BIONS
'!he" value of th!.. _ani usa:i in establishing th 'ark Fee" cutlined
'l1erein on Page 2, Part J, requires formal oonfiImation. '!he CITY
shall employ a qualified lccal appraiser to provide a narket value of the
lard. '!he city will OiUClllate the "Park F~" based on the appraisal. '!he
D$leloper agrees to pay for any deficiency'within thirty. (30) days ani the
City agrees to refurxi overage within thirty (30) days. Adjustments shall
l:e !!'ada prior to ac:x::eptance of the subdivision improvements.
It is fllr'"..h= agreed that the DEVELOP£'t{ shall !t'aintain the Work until
all deficiel1cies in tl:>.e Work are corrected to oonform to the Plans ani the
City star:dards ani specifications for the Work. ']he DEVELOP.ER s.'1all, upon
writ'"...e.'1 notice thereof, iJmnedia.tely repair = replace, withcut c.."St: or
obligation to the, City of ~rtino, ard to the entire satisfaction of
said CITY, all defects ani iIn;,::er.fections ari...sin;r out of or due to faulty
w'Orklranship and/or materials appearinq in said work.
16. SA.'II'I'l';RY DISmIcr
It is furt.~= agreed that the OE:VEJ:.OPER shall file with CIT.!, upon
execution of this AGaEEMENr, a letter from the ~rt:ino Sanitaty District:
stetirq that t.'1e DEVEIDP.ER has errt::e..""ed into a separate AGRE:EMENr with the
said District to ins'-...all sanitaty Sc-wers to se..."'Ve all lets wit.~ said
Project ani statirq t..~t a bor:d to insure. :fUll ard faithful performance of
t.'le co:ns'"u:uC"" ...ion of the said sanitary se,;ers ani to i.nst::lre !t'ainter..ance of
said sanitary seder in oonformar.ce witl:l. ,the previsions as set forth in
Paragraph 15 al:xJve has l:e€n filed.
17 • GOI.'EmlMENI' o::JDE
It is fu:rther agreed that DEVELOPER shall file with CITY, ~
execution of t.~ AGaEEMENr, sul::stantial evidence that all previsions of
section 66493, Article 8, Chapter 4 of the Governme.'1t Code, pertaini:ng to
special assessments or bor:ds t have been =iJlied with. '
18. CEN"l:RAL FIRE DISmIcr
It is fUrther agreed that: t.'l.e DEVELOPER :shall file with t..'l.e c:r:J:'i, 1.J!?Cn
execution of this AGREEMENT, a letter from the Cer:rt::ral Fire Protection
District of Santa Clara County t statln;r that: the DEIl.E!tOPER has entered
into an AGREEMENT with said District' to install fire hydrants to sexve
said Project ani statlrq that all necessaJ:Y fees have been deJ;:osited with
said District to .insure installation arx:l five (5) year:rental fee of said.-
hydrants.
19. PACIFIC GIS AND EI.EC:I:RJ:CjJ?ACIFIC BErL
It is :fUrthe:r agreed 'tl:>.at tl:>.e DEVELOPER shall pay to Pacific Gas ard
Electric Ccmpany an:l/= to l?ACIFIC BE!L Ccmpany any ani all fees required
for installation of oveJ::head ard/or 1.ln:le:rg=mi w:i.r:in;r circuits to all
electroliers within said p~ arx:l any ard' all fees required for'
ur:d~ as provided in Ol:dinance No. 331 of CITY When DEVEr.OPER is
notified by either the City Er.q.ineer or the l?acific Gas an:l. Electric
CO!!1j;larly an:l/or PACIFIC BErL COmp3ny that ~d fees are due ani payable.
7
....... ~ ...... -" ,. "-'." ~.~." ..... ..
:
:
20. EASEMENTS 1INQ RIGHT-OF-wAY
It is further agree:i that any easement arrl right-of-way necessary for
completion of the Project shall be acquired by the DEVE!.OPER at his a.m
cost arrl expense. It is provide:l, however, that in the event eminent
domain proceedings are required by the crr'l for the purpose of securing
said easement arrl right-of-way, that the DEVEIDPER shall deposit with crr'l
a sum COIIering the reasonable market value of the larrl proposed to be
taken arrl to be included in said sum shall be a reasonable allcmance for
severance damages, if any. It is further provide:l that in addition
thereto, such sums as may be required for legal fees arrl costs,
engineering, arrl other incidental costs in such reasonable am:mnts as the
CI'.IY may require shall be deposited with the City of CUpertino.
21. HOW HARMI.ESS
It is further agree:i that, o::mme.ncing with the performance of the Work
by the DEI7EI.OPER or his contractor arrl continuing until the completion of
the maintenance of the Work, the DEVE!.OPER shall indemnify, hold h.aJ:::mless
arrl defen:i the CI'.IY from arrl against any or all loss, cost, expense,
damage or liability, or claim thereof, occasione:l by or in any way
whatsoever arising out of the performance or nonperformance of the Work or
the negligence or willful miscor.duct of the DEVEIDPER or the DEVE!.OPER' S
agents, employees arrl independent contractors.
22. mSURANCE
It is further agree:i that: 'lhe DEVEIDPER shall take out, or shall
require any contractor engage:l to perfonn the Work to take out, arrl
maintain at all t:iJnes during the performance am maintenance of the Work
cal1e:l for or required to be done hereurx:ler, a policy of insurance naming
the crr'l am members of the city Collnci1 of the City of CUpertino,
individually am rollective1y, am the officers, agents am employees of
the City individually am rollective1y, as insure:l. Said separate policy
shall provide bodily injury am property damage =erage to the foregoing
named crr'l am individuals COIIering all the Work perforJ1¥i!d by, for, or on
behalf of said DEVEIDPER. Ebth bodily injury am property damage insurance
llIIlSt be on an occurrence basis; am said policy or policies shall provide
that the coverage afforded thereby shall be primaJ:y coverage to the full
limit of liability stated in the declarations, am if the city, its
members of the city Council individually am rollective1y, and the
officers, agents, and employees of the CIT'I!', individually and
rollective1y, have other insurance against the loss COllared by said policy
or policies, that other insurance shall be excess insurance only.
The insurance carrier shall provide proof of their ratings. All ratings
shall be a minimum of "Best A-7" in accordance with ABAG policies.
8
..
A. Each of said policies of insurance shall provide coverage in the
followin:r min:l.mI.:mi ano.mts: For bodily injury, $100,000 each person:
$300,000 each occu:.t.nlI'lCe, property Qamage, $50,000 on account of art':{
one occurrence with an aggLE,gate limit of not lass, than $200,000.
B. '!he DE'ilE!DPER shall file with the City Engineer at or prior to
the tiJne of execution of this ~ by the DE'ilE!DPEa such evidence
of said foregoing policy or policies of insurance as shall :be
satisfactory to said City ED:Jineer. Each such policy or policies shall
bear an ,endorsement preclud:in:;Jthe cancellation or reduction in
coverage without givirg' the City ED:Jineer at least ten (10) days
advance notice thereof.
C. In the event that the Project covered herein should :be llIIltually
situated in or affect the area of jurisdiction of a separate
numicipality or political subdivision of the state of california, the
policies of insurance required herein ani abCJve shall co-name such
numicipality or political subdivision ani the provision set forth
herein ani abCJve for the protection of the ClTl/' shall eg).lally apply to
numicipality ani political subdivision.
23. M'APS AND/OR ~ PUINS
It is further agreed that the ClTl/' shall obtain the followin:r map
and/or plans at the DE'ilE!DPER'S expense:
A.
B.
C.
A mylar sepia ani seven (7) prints of fully executed parcel map.
A mylar sepia ani ten (10) prints of fully executed improvement
plans.
A direct duplicatirg' silver negative :mic:rofilm aperature card of
all executed improvement plans ani map.
The DE'ilE!DPEa agrees to pay the CIT'l from the developrent maintenance
deposit the cost for all prints of plans ani map required urxier Item 23.
This AGREEMENT shall bind the heirs, administrators, executors,
SI:ICCessor, assignee and transfar:r:ees of the DEIlErDPER. '!be assigIlllellt of
this AGREl!MENT shall not :be made without appl:O'II'al by the City Council of
the City of Olpertino.
9
. .
CORPORATE ACKNOWLEDGMENT CAL-24 : .....•..............•.....................................................................................................
• · i State of california ________ }
: SS.
• ,f,:ounty of--"S"'a., .. "'tt.G61l-lC~l~""'r;:;""---:..,.-j
On this the 29thday of_~N"-"'o'-'v'-'e~m"""b"e'-'r"----__ _
Gwenn Nagle
the undersigned Notary Public, personally appeared
Robert C. Marshall
D personally known to me
rn proved to me on the basis of satisfactory evidence
19~ before me,
-.
to be the person(s) who executed the within instrument as Senior
__ V-,--=i"c"-e=--coP"r=-=e,,s,,-l.=' cod"e",B=" cot'----_ or on behalf of the co rpo ration therein
Notary' .........................................................•......•...................•.......•............•..••..•.•........
•
~ .,
\ •
IN WITNESS WHEREX:lF, CITY has caused its name to be hereunto affixed. by
its Mayor and City Clerk, thereunto duly authorized. by resolution of the
city Council and said DEVEIDPER has hereunto caused his name to be affixed.
the day and year first a:bove written.
No\:aJ::y AcIa'1oIlledgment IlequiJ:ed
Exhibit A Attached
(Rev. 5/9/86)
10
CITY OF a:lI?ERl'INO:
DEVEIDPER:
,
..
..
STATE OF CALIFORNIA
S$. , Santa Clara, COUN1YOF"""."", .... ", .. ", .. , ..
On this,., .. , ,2 .3:r:<:'I.,.,., day of. ,.l,!O,Y,l?p!p'~.J;" ,in the year,., .+,~.~~"""""
.............. , ................ , .... " ..............•. ', .... , ........ ,. ,beforeme.
" .. ,. ,Gw~nl)." N'9,g).~ .. ,.,."., ......... ,." a Notary Public, State of California,
duly commissioned and sworn. personally appeared, ••......... , ...•• , ............. , ..
, ... " ... ,.Ma.J;Y .. 1\ ,., Mf'!+::j.,I).~;r:"""" ... , ......... , .................... ..
personally' known to me {or proved to me on the basis of satisfactory evidence) to be
the person .... whose name.,., ..•. , .i.$ ..... ,.,.,.,.,., ..... ,.,., ... , ........ ,., , ..
subscribed to this: instrument, and aclmowledged that ... & he .... executed it.
IN WITNESS WHEREOF I have hereunto set my hand and afllxed my official se.l
in the" ,$j:;f'!t,<;l" 9£, ,C,C).;I,;i;!"Q;J;T!i,Q." .. ,., .. , "., ... "., g.",.", County of
., .... , ,R<3,I).:I;:.C).. ,(:,lC).Xf'!, .. """"""", .. ", .. "" .on the date set forth ahove
in this certificate.
Thill documen! I~ 0I'IIy R gnne"l!l form wI! ¢llT'lIY be pmper lor use in $imQ'Q :ra'Mclia'T.l anj lr: no
\\-oaf acts, 01 j~ intertdoo to ~ct, a:> a slibslltulo It" 1110 a6tk;" Of!:m attcmGy. Tha p'"nICf\l!,ll,,'lI rol
make any warmnty, eithor e>:pres5 or irnplioo U 10 tile legal ~al;o'ly 01 My ptO~lsiol'\ 01 the
SUllabibty o! :!'le$EI11'iIr"t. if; any :;pecilic 1t\!"""'e'".IOn. My com
tary Public, 81tlte of California
~~~1~7~,~1~9~9~1~ ____ __
Cowdery's Form No. 32 -Acknowledgement to Notary Public Individuals -(C.C, Sec, 1189) -(Rev, 1/83)
• •
;
AIU InsuP3nce Company .W.rt~Wide ,.Ii. .-, Bonding American Home Assurance Company
Granite St~e Insurance Company
Too Insurance Company of the State of Pennsylvania
National Union Fire ln$urance Company of Pinsburgh. Pa.
New Hampshire Insurance Company
American International Companies
Principal Bond Office
70 Pine S1Teet, New York. N.Y. 10270
KNOW ALL MEN BY THESE PRESENTS,
PERFORMANCE BOND
(AlA 3111
That -'T::.:A.::N::D=E::M:....::C::.:O:::~::.IP:.;U:.T:.E=R::S:.....:I::.:Nc':C-"O~R=P __ O.,RA=T .. E,..D"'--. __________________ • as Principal. and
~AME=:==R"I"C"A"N"', ,-,H"O""ME""",--"A"S""S"U"",RAN""",'C"E",--"C"O,-,~,,IP=-ANY,,,,-,-_________________ , as Surety, are held and firmly bound
unto CITY OF CUPERTINO (PUBLIC WORKS .. lJE",P,..T~.lLL_C",AL=",I",F",O",RN",-,I",A,-_____ .as Obligee, in the sum of
TEN THOUSAND AND NO/100 -------------------.::::::.:::.:::c-----------------------------Dollars
_-"'''-'== ______ ). for the payment of which sum. well and truly to be made, the Principal and Surety bind themselves, their
heirs, executors, administrators, successon, and assigns, jointlY and severally. firmly by these presents.
WHEREAS, The Principal has entered into a written contract dated ____________________ with the Obligee for
STORM DRAIN IMPROVEMENT AT 10300 N TANTAU, CUPERTINO, CA
__________________________ in accordance with drawings and specifications prepared by
RrrrH '" GO TNG INC
which eontract is by reference made a part hereof. and is hereinafter referred to as the Contract.
NOW. THEREFOAE$ THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Con-
tract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract. the Owner having performed Owner's obligations
thereunder, the Suraty may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with its terms and conditions. Of
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditionii, and upon determination by Surety of the
lowest responsible bidder, or. if the Owner elects. upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between stich bidder and Owner, and make available as Work progres$Cs (evcr\ though there shOUld be a default or a
succession of defaults under the cOntract or contracts of completion arranged under this paragraph; ,-,ufficiant funds to pay the cost of com-
pletion less the balance of the contract price; but not exceeding, including other CQsts and damages for Which the SuretY may be Hable here.-
under, the amount set forth in the first paragraph hereof. The term "balance of the contract price:' as used in this paragraph, shall mean the
total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to
Contractor.
Any Stilt under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Con-
tract fatls. dua.
No right of action shaH accrue on this bond to or for the use of any person or corpotatlan other than the Owner named herein or the heirs.
exe:(lutors~ administrators or successors of Owner.
Signed, sealed and dated NOVEMBER 18. 1988
AMERICAN HO~E ASSURANCE COMPANY
(Surety)
Bond No. -'LL-"'''-<L.l'-__
Attorney~ln·Fact
MARY K
, . , .
" ,;(' \
STATE OF CALIFORNIA On thls ••.... :?}:r;q ...... day of .. NRY:~):?!'lf: ... in theyeor ... ~.').l?!? ........ .
Ss. Santa Clara , COUNTY OF .. , .. ,',.,.,."., ... , .. ,.,.,'
.., .•.. , .... , ...... , .•........... , .••. , .... , ........••..•.•.... , .......• beforeme.
........ C;;r?~~.I! .. ~?\g'+~ ..................... , a Notary Publie, State ofCalifornl.,
duly commissioned and sworn, personall;y appeared ........•........ " " ..............•.
. ............... Mi'!~Y ... I} .•... ~9-;J;~l1o;!.:t; ........................... , ......... ..
personally known to me {or proved to me on the basis of satisfactory evidence} to be
the person ••.. whose name •.•.......... i.~, . , ..................................... .
subscribed to this instrument, and acknowledged that, ,~. he. , .. executed it,
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
in the .... $:i;?! t.o;! •. Rt: .. <::.9-;1, ;i,:j:,Q;J;l"!;L,<;I .. , ... , ... , .... , , ... g ..... , . , County of
.. , ..... S?!Pot,9-.. P;I,iil.:t;!l-... ,., ......................... on the date set forth above
in this certificate.
'f'hki doI::umen1 is-of1/)' ., g(lOOtallO!Tn wt'etlrr.ay be PfOPIlr fUr 1100 III s.mpl8'uansa.::!iDM and I::! I'JO
.. ;ay 1ICIlI, or is ir1Ierded It) 1Id:, es a substi!ul!!"ior 1/11114<I\IiefI on lin at:orney. lho plt®fooo:!'noI
IT\IlMl any warr<:nly, eIt.bef e~ c. il'nj)lied .Q Iu the !CQaI validity 01 any ~ Of thfJ
9I.IiWl;'ity!)f I!leS6 h:lt'!'ml1A NIiI ~ l1ilnS3C"m.
No tary Public, Stole of California
My com ssion expires __ M-..::a"Y'-.::1-.:7-','----.::1"'9"-.:9c.1=-___ _
, Cowdery's Form No. 32 -Acknowledgement to Notary Public -Individuals -(C.C. Sec. 1189) -(Rev. 1183)
f
," ,.
.. '
;
(
AIU !r1surance Company ~'
r ,'1] ~ ... ,.., Worl~wid8 ,.al • , BondinG • Ame~can H,ome Assurance Company
Gr,anite State Insurance Company American International Companies The Insurance Company of the State of Pennsylvania
National Union Fire Insurance Company of Pittsburgh, Pa.
Now Hampshire Insurance Company
Principal Bond Offi:...e
70 Pine Street, New York, N.Y. 10270
LABOR &. MATERIAL PAYMENT BOND
(AlA 311)
KNOW ALL MEN BY THESE PRESENTS;
That TANDEM COMPUTERS INCORPORAT:..:E"'D'-_______________ _ , as Pnnclpal, and
AMERICAN HOME ASSURANCE COMPANY _______ ,as Surety. are held and firmly bound
unto ..-:C=IT"Y"-"'O"F-"C~U'"P .. E~R.,.Tc"I,.N..,O'_('_'P'_'U"B"'L"'I"'C"_WO=R=K"S_=D"'E"'P""T,.,o"')_-'C"'A"-__________ . as Obligee. ,n 'he Sum 01
TEN THOUSAND AND NoI100----------------------------------------------------Dollars
[S 10,000.00 I, for the payment of which sum, well and truly to be made. the Principal and Surety bind themselves.
their heirs. executors, administrators, successors and assigns. jointlv and severally. firmly bV these preSents,
WHEREAS, The Principal has entered into a written contract dated _.=N"o"'v""'e"mb""'"e"r~2"_'9",'___,,1'"'9,,8"'8"_ ________ with the Obligee tor
STORM DRAIN IMPROVEMENT AT 10300 N. TANTAU,-, -'CU"""'P"'E .. R"'T"'I"'N""OL,--'C"'A"-_________ _
in accOldance with drawings and specifications prepared by -:-'"R"UT~H""_'AN""'"D'_'GO"-"'"I"N"G"'-',~IN""'"C~o'_ ______________ _
which contract is bV reference made a part hereof, and Is hereinafter reterred !o as the Contract
NOW, THEREFORE. THE CONOITION OF THIS OBUGATION 'is such that, it Principal shall promptly make payment 10 aU CI<:lIm3mS as
hereinafter defined, 10r all labor and materia! used or reasonablv required for use in the performance of the Contract, then this obligatIon shall
be void; otherwise it shall remain in full force and effect, subject. however, to the following conditions:
1, A claimant is defined as one having a direct conlract with the Principal or wilh a Subcontractor of th,e Principal for labor. material, or both,
used or reasonably required for use in the performance of the Contract. labor and malerial being construed to include that part ot walet, gas,
power, light heat, oil, gasoline, telephone service or rental of equipmem directly applicable to the Contract.
2, The above named Principal and Surety hereby jointlv and severallv agree with (he Owner that every claimant as herein defined, who has
not been paid in fulf before the expiration of a period of ninety (gO) days after the dale on which the last 01 such claimant's work or labor was
done 0; performed, or materials were furnished bV such claimant. Olay sue on this bond for trye use of such claimant, prosecute the suit to
tinal paymenl for such sum or sums as may be justlV due Claimant. and have exeCution thereon. The Owner shall nol be liable for the
payment of any costs or expenses of any such suit.
3_ No suit or action shall be commenced hereunder bV any claimant:
a) Unless claimant other than one having a direct contract wjth the Principal, shall have given wfltten nOllce 10 any two of the follOWing:
The Principal. the Owner. or the Surety above named, within ninety {SO) days after such claimant did or performed the last of the work or
labor, or furnished the last of the materials for which said clmm is made, Siating with substantial accuracy the amount claimed and the
name of the party to whom the materials were furnished. or f9r whom the WOrk or labor was done or performed. Such notice shall be
served by mailing the same bv registered mail or certifIed mad, postage prepaid, in an envelope addressed to the Pnncipal, Owner or
Surety, at any place where an office is regularly maintained for the transaCtion of business. or served in any manner !O which legal
process may be Served in the state in which the aforesaid projac{ IS localed, save that such service need nO! be made by a publiC officer.
b~ After the expiration or one i1i vear following the date on which Principal ceased Work on said Contract, Itbeing understood. however,
that if any limitation embodied in this bond is prohibited by any law COntrOlling the construction hereof such limlialion shall be deemed (0
be amended so as to be equal to the minimum period of limitation per mined by such law.
c) Other than in a Slate court of competent jursidiclion In and for the country or other politlca[ subdIVISIon of the stale In which the Project
or any part thereof, is Situated, or in the United Stales District Court for the district m whICh the Project. or any part thereof, IS situated,
and not elsewhere.
4, The amount ot this bond shall be reduced bV and to the extent oi any payment or payments made In good faith hereunder, inclUSive of the
payment by Surety of mechanics' liens which may be filed of record againSt said Improvemen1S. whether or not clfJrm for the amoum 01 such
lien be presented under and against this bond,
AMERICAN ~OME ASSURANCE QQMPANY
iSureM
Bond No. 07 33 83
29583 (3/84)
, American Home AS'Surance Company
NationaiUnion Fire Insurance Company of Pittsburgh, Pa. POWER OF ATTORNEY
-' Pr1nclpal Bond OfftC8: 70 PinG Street, New York, N. V. 10210
No. 92-B-01l24
KNOW ALL MEN BV THESE PRESENTS:
That American Home Assurance Company. e New York corporetion. and National Union Fire Insurance Company of Pittsburgh. Pa.,
a Penn.ylvanla corporation, does each hereby appoint
---Mary K. Mariner: of Cupertino, Califomia---
its true a~d lawful Attorney(s).in·Fact, with full authority to execute on it. behalf bonds, undertakings, """'!I'lizances and other
contracts of indemnity and writings obligatory in the nature thereof, Inued in the course of its bu.lness ,and to bind the re.pecnve
company thereby. .
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these.presents
this~ day of ~O=-c:.:t:.:0.:cb.::.e::.r ~~~_, 19 84.
STATEOFNEWYORK I COUNTY OF NEW YORK .~
On .hl, 19 day 01 October ,19-.llA.,
before me came tha ehews named officer of American Home
Assurance Company and National Union Fira fnsurenc:e Company
0' PittSburgh. Pa.. to me pe"onaUy known to be the indMdue-I end
officer d_ribed harein, and ecknowledge:d that he extk:uted the
foregoing instrument and efflxed the seals of laid corporetlon.
thereto by authority of his office.
Edward J.
CERTIFICATE
LOURDES I. C NTAERAS
Notary PobUc. Slate of N3W York
No. 41-4187":C1
Qualified In Queans Cotm!y
C C&rt. tiled In New York COt .... ly ommlsslon EJcplr •• March sO·l." . .,,, ...
Excerpts of Resolutions adopted by the Boards of Directon; of American Home AssUrance Company and National Union Fire
Insurance Company of Pittsburgh, Pa. on May 18, 1976:
t~RESOLVED~ that the Chairman of the aoar~ the Ptesldent, or eny Vice President be, and hereby b, euthorized to appalnr Attomevt~ln·Facr to
. represent and act for and on behalf of the Company to el(ecu1lt bonds, undertakings, recogniZances end other contracts of indemnity and writings
. obligatory in the natura thereof. and to atUlich therato the eorpora1e leaf of the Company. In the 'rGnsse.cion of its SUf1ltv business;
"RESOLVED* that the sIgnatures and anestations of such officerS and tha seal 01 the Company may be affixed to any euch Power of Attorney or to
any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such fecsimlla sianatures or facsimila seallhaU be
\lalid and binding upon the Company when so affixed with respect to any bond~ undertaking. recognizance or other contract of hKfemnltv or writing
~bli9alory.in the nature thereof; ,
"RESOLVEO. that any such Attorney-In-Fact deli .... ering a secrt'tartal c;ertification'dun the foregoing resorutions still be in effect may insert in lueh
CGttifleation the date thereof. said date to be not later than the date of derivery thereof by lOch Auornev·fn-Fect/·
I, Marion E. Faien, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of
Pittsburgh, Po. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corpora·
tions, and the Powers of Attorney issued pUl$uant thereto, are true and correct, and that both the Resolutions and the Powers of
Attorney are in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
thisl€fdayO~ .19.18'
2:3240 (4/80\
• CORROON & BLACK/THE FLAMER COS.
P.O. DRA,,'ER AR
LOS ALTOS, CA 94023-4044
ALACON, INC.
153 COMMERCLAL STREET
SUNNYVALE, CA 94086
WORK,AS' COMPENSATION
AND
EMPLOV!AS' !.IASI!.IYV
EPA03138904
WAABZi.07.529
UBB7919932
OTHER
Tl"tS ceRTIFlc"n; IS fSSUE.O AS A MAriER OJ: IN'Q~MA110N ONLY ANO CONFERS
NO A!GHT$ U"!lN THE eER11~ICATE; HOI.C£R. THIS C£RTlfiI'ICATE OOES NOT AMENO, £XTSNO 00 ~I.:te~ nfE COVERAGE AFFO~OEO aY THE POLlellS lnow.
COMPANIES AFFORDING COVERAGE
I CO!JPA"'Y A
I u;-:-ta;=I Maryland Casualty
COfJPMN B
LarrER Maryland Ciil6ualey
CO~41PA~IY C Maryland Casualty lErre~
CCMPANY £) LEi1'ER
lili/BS I 11/1/89
11/1/8S U!l/59
11/1/88
Insurance Co.
In:o;urance Co.
IMuranCe Co.
Ai., I.IMITS IN THOUSANDS
$ 1 000
... cO fi';C"'fl.I>,I~
9.000
«. ___ L.-. __ ._-' .• _________ . __ .. __
OEZCP'C'''":CN Cit OPt;:AAT'O~S/LCCA"'IONsrVEHICLES1~ESTZJt!;';'"IO"'S;==FE::tAI.'ITE~$ lE: JOB: Tandem Bu.11ding 55
Tandem Computers Incorporated and The City of Cupertiao are included as additional
insureds as respects work performed by or on behalf of the named insured under written
contract. See Additional Insured Endorsement attach4d.
Tandem Computers
AtTN: ART OSAKI
19333 Vall eo Parkway
Cupertino, CA 95013
S~OULO ANY OF T~E ABOVE OEsr.RJeEO POI.ICIES BE CANCELLEO ee'OAE ~M. ~.
~iP.ATION 04 rE' TH'ERSQF. THe ISSIJING COMPANY WILL tNOEAVOFI TO
MAfL 30 DAYS Y.'fIiTTEN NO~~C; TO HIl:: eeA'I'fFJeAT~ HOLO£A NAMIlO TO TME
LUi, au" J:Afi.,UtlE TO M"II.. SUCH NOi!(:E SHALL IMPOSE NO OaUOAl'!O~ OR
'. .-... "-. ,r'\:' . .. . ., .. ,
, ....1
•
lhh c.~.'Itt1,nl l'''t\!. p.rt or Ih, p,hcylc .hi," .Ib,h,d. ,fft~ti" on th, !I\('~!;M (,!~.r I~I pclit,".ltll elM",j", ."Itd ""'!In.
(t~.loIl ... I., I"'"m.lk>. I. 'fq<ih./"" slit. 11.11 .1Id"~,,,,m 10 " •• .,j ",~""",.n! t.I>"~"''' IIOIq.). .
Endo,wn .. tt!f«l;v, 11/1/88 PoheyKo EPA0373-S90.lt (1Id.""tn,.I!!.
1II .. ,d Inw'!4 ALACON, INC,
lhh end .. "",,,, ",od,li" ""h i ... """, 1\ I, .U .. d!4 by I~ pr .... "."'!Ii l!>t ;<li(1 "I.Ii", lothl folt(l9i!'l':
COMPREHENSIVE G~NERAI. I.IAI.lILITY INSlIAAHCE
MANUFACTURERS ANO CONtRACTORS LIABIliTY INSURANCE
ADOITIONAL I/fSURED
(0. ...... CfoII~""l
~.., • ." .. " .... o.,.nlnll ... tandem Computers l.ncoTporat;;d.
RE: Tandem Bldg. 55 Job Numbe r __ _
(U4HIo .. II ... ,td) its Officers, Dire<;!;ors, E.:.plr.>yees, [o<.rl'"01 e-<"'&p.rrilt<l. Agenljs and Bulldlng Owner anQ."'!lie City of Cupertino, members of the
City Council, individually ar.d t,,"W!l'e.... ts!,. collectively and agent's. employees an of ricers of ~r.e City, 1ndividually and
8odilyl.;Ury li.bK.ly emt '100 of CIllI
PrOl'CrIJ 0,10." lj,!>ilit» C4'It 1100 01 cod
II iI; lI'otd IlI.tI:
c~l'rJ¢l'r~~J.y .
S
$
$
I. 1M .. , .... 1\$ ItUII,td" P'''';I; •• is .", • ..s~ I. jncl.d, " ....... ,~ II>e 1'<">' '" .I""rW:;". _~ .~ (lWt.; .. lIu ",Iltd "4dft~1 iMIIltl'l
bot only .ab _t I. !i.~iljly 'rkM( ",,\ of (Ij ~I\""" D<rf"""'" ,'" lilt ~4,t"''''1 lttsur14 \Ir 11>0 ......, ","""Oil .1 1M Io(>tioo de:s~IIOI" IMft
,,(2) Id:I cit ioIiUi4O.\ 01 11>1 .ddai"",1 '"",ltd i. con...:!", ,wilh his CtrltUI"~ of ""e!> ~ftI.
%. 1I0t04 oIlht .. cI'~.1!S 01 tilt ~oIi(;y. _pi tr.lqliOfti (.1. (d. (fl. (c). lil. ij) lro! (m) •• w!r lollilf, 11'!I4t20Q1.
3, "".10",11:'''''","" This i"$'lrlft<t do.",oI.I!P'r.
(I) l.hdl/j'~'1" ".p.rlJ4 ... "n",,,,'''''flor
.(1) .11.-1 •• 111< ttojtd: tot"... '''' • ...-.let, llUinl,ra,," '" ftpoifllio !of pt<f0lftl04 b7 <II' <II! ~~ <J tilt Hfilioftel '01"..<1,«1 " ''''' ~It vllhil ~ O9tltliofllw bot. _pilitO'il"
(2) 1/1.01 pO!\ion o! lilt"",," IftItI.od'. wttt M of ""iell th, 'ojory fIf ~.( •. ~riu.: II>:! 1m" put ID III illl.ndod ... t>r "'ll>f<1On '" OIII.iut ...
oillo! thl. ,..,tMt eooInd .. fIf .. ~or t~C~ ;I! P-lrlMllI,,£ "9t'llkw lOt • pti"'jpall$ • part .,t lilt t1m'I)fOied;
(b) 10 MdIlT,InIvIl' Ot prt?"lr & ... tll IfNIIC M of 1"7 fCI 0< .."tuio. 0111>1 Mia~ .. 1 i"",,<>6 ... ''''' 01 M, "'P'''T<d. 011><, I .... ' ..... 1 ll<lpot •. .moo of -t ~ .... t4IOf the "'d~ionol ,,,,,,.td '" 1M """" 1"""",:
(c) 10 .. """" d""".lo
(I) "'l'Crt, OW,," Of _1IIt4 " tit rcnlf410 lhe ""'~""I i'IIUItd, m "optr\J.sod ~ tile 164i1il>llll itA'".
(3) pttPtti, i. lilt (l'f. (Ost04, at (001,01 <I t/I4 Hd~"'IItII"","" tit Il!. oiJieIIllIt :ddalop~llflSIlt14 is I", '''1 ""~ <Wu.it'( ~~rsk:II UftIt". « . . ~
(4) -' pct1...m lor lilt "'d~io .. 1 i"ll:,f4111111e -" '''''''O;!.
C. 144M""'" DtlI.rt1tll Wk ••• wd .. ttl".~ I.Ihit i_til\(!, __ k" illClol~tI ... I,,"k. WIlt": ... ,.uipm.nt 1.,,,;,./104 i .... ftt(\ion I""._nh,
5. Other 'n~urance -Subject to 011 other terms end provIsions of the polley, ,u~h
Insurence as provided by thIs endorsement ShAll be deemed primary, but only
with respect to work performed by or for the H~d Insured In connectIon with
the above des'.:r I bed CO"t ract.
"
~ ,t:',.j
10300 Torre Avenue
CUpertino, california 95014
Telephone; (4061 252-4505
DEPARTMENT OF THE CITY CLERK
June 15, 1988
(in, of Cypertino .
Tandem Computers, Incorporated
Attention: Paul Hauser
19191 Vallco Parkway
Cupertino, CA 95014-0708
IMPROVEMENT AGREEMENT -10435 TANTAU AVENUE
Dear Mr. Hauser:
P.O. Box 580
Cupertino, California 95015
We are enclosing to you for your files and information one (1) copy
of the Agreement by and between the City of Cupertino and Tandem
Computer, Inc., which has been fully executed by City Officials,
along with one (1) copy of Resolution No. 7500, which was enacted
by the City Council of the City of Cupertino, at their regular
meeting of Monday, May 16, 1988.
Sincerely.
d.n:? -{!~
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
,.
RESODOTION NO. 7500
A RESOIDl'ION OF 'll:IE CITY CXX1Ncn.. OF 'll:IE CITY OF aJPERr'INO
APProVING FINAL PIAN FOR 'll!E IMPROVEMENT OF FRONT1IGE
lOCATED AT 10435 T.l\NTAU AVENUE;
DEVELOPER, TANDEM a::MEUl'ER, mc.
AOIHORIZlNG 'll:IE CITY ENGINEER TO SIGN 'll!E FINAL PIAN;
.AND AUl'HORIzmG EXEaJrION OF .AGREEMENT mOONNECl'ION 'lllERE\'lI'IH
WHEREAS, there has been presented to the City Council for approval of
the final plan for the improvement of street frontage located at Tandem
Computer, Inc.; am
WHEREAS I there has been presented to the City Council a proposal
agi:eement for the construction of streets, cw:bs, gutters am sidewalks am for other improvements, am geed am sufficient b:m:ls, fees am
deposits as set forth in Eldllbit "A" having been presented for the
faithful perfo:rmance of said work an::l the can:ying out of said agreement;
am said plan, agreement, an::l b:m:ls having been approved by the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED that said final plan for the
improvement of street frontage at 10300 Tantau Avenue, be am the saJne is,
hereby, approved; an::l the City En;rmeer is herebY authorized to sign said
final plan; an::l the Mayor am the City Clerk are hereby authorized to
execute the agreement herein referred to in behalf of the city of
CI.lpert:ino.
PASSED .AND AOOPl'ED at a regular:meeting of the City Council of the
City of CUpertino this _.....;l6..;..th day of May I 1988, by the
follONing vote:
Vote Members of the city Council
AYES: Johnson, Koppel, Plungy, Rogers, Gatto
NOES: None
AESEtlr: None
ABSTAIN: None
A'I'IFST: APPROVED:
lsI Dorothy Cornelius
City Clerk
lsI John M. Gatto
Mayor, city of CI.lpertino
,
•
RESOIIJTION NO. 7500
EXHIBIT "A"
SCEEllJI.E OF OONOO, FEES, lIND DE:fUSl'I'S
LOCATION: 10300 Tantau Avenue
A. Faithful Performa:nce BoI:d:
'IWEN'1:¥ FIVE THOUSAND lIND 00/100 OOUARS
B. labor an.1 Material BoI:d:
~ FIVE '!HOUSAND lIND 00/100 OOUARS
C. Cbeckinq an.1 Inspection Fee:
ONE 'lHOOSAND FIVE HUNDRED lIND 00/100 OOUARS
D. In::l.i.rect; City Expenses:
'lOO HUNDRED 'IWEN'1:¥ FIVE lIND 00/100 OOUARS
E. Development Maintenance Deposit:
F. storm Drainage Fee:
G. One Year Pa;;er Cost:
NINEl'l{ 'lOO lIND 00/100 OOUARS
H. street Trees:
I. Map Cll.ecJd.n:r Fee:
J. Park Fee:
K. water Main Extension Deposit:
L. Maps arxl/or Il!q;lrovement Plans
$25,000.00 .
$25,000.00
$ 1,500.00
$ 225.00
$
N/A
N/A
92.00
BY DEVELOPER
N/A
N/A
N/A
NjA
'"
AGREEMENT
TANDEM COMPUTERS
I043l)'TANTAU AVENUE
entered into this /? ~ day
Of ____ ~~~~=7~------, 19.P r I l:1y and between the CI'I.Y OF
a;PERILNO, a municipal corporation ;)f the state of california, hereil'.after
des ig:r.a te:i as CXJ:':l, and ,TANDEM COMPUTER, INC.
hereinafter designate:i as DEV'El:DPER.
WIT N E S S, E;",T H
WHEREAS, the DEV'EJ:DltER has made application to the CXJ:':l for a
A BUILDING PERMIT
to const::ruct and :zna.intain a COMMERCIAL DEVELOPMENT --~~~~~~~~~--------------
hereinafter referred to as "Project."
WHE.REl\S, CXJ:':l herel:1y apprcves the improvement plans and specifications
prepared for the Project l:1y _---"'R,::.UTH::.:.:...::&,..;G"'O:,,:I"'NG,::.,!...,,!I"'NC.::..:..-_______ _ . •
a t.."'\.l.e copy of wI:lkh imprcvement plans and specifications are on file in
the office of the City En;ineer of CUpertino; and
WHE.REl\S, the same are incorporated herein l:1y reference, the same as
though Sjat cut in full;
NeW, 'IRERE:!itlRE, said imprcvemerrt: plans and spacifications shall be
here.ina.fter called the "Plans," and the ...or!<: to be done un::ier the l?lans
shall be called the ''Work. II
1
WHEREAS, pursuant to the provisions of this AGREEMENr, the c:I'IY he..""eby
established the a:n'O..lnts of BoOOs, Fees, an::l Ceposits as set forth in the
followirq sche:iUle:
sCHE!Xl'!..E OF ECNl:6, FEES AND DEPlSl'lS
Street L"'11provement category:
PARI' A. Faithful Per:fo:r:mance Eol1d: $25,000.00
TWENTY FIVE THOUS~~D AND NO/lOa DOLLARS
PARI' B. labor and l-'.aterial Eol1d: $25,000.00
TWENTY FIVE THOUSAh~ AND NO/lOa DOLLARS
PA.~ c. <l"..ecl<:.in;J and Inspection Fee: $ 1,500.00
ONE THOUSAND FIVE HUNDRED AND NO/laO DOLLARS
PARI' D. Inclirect City Expenses: $ 225.00
TWO Hut~RED TWENTY FIVE AND NO/lOa DOLLARS
PARI' E. Cevelopment Maintenance Ceposit: N/A
PARI' F. Storm Drainage Fee: N/A
PARI' G. 0I'le Year Power cost: $ 92.00
NINETY TWO AND NO/lOa DOLLARS
PARI' H. street Trees: BY DEVELOPER
PARr I. Map <l".eckinq Fee: N/A
PARI' J. Park Fee: N/A
PARI' K. l'later Main Extension Ceposit: N/A
PARI' L. Maps and/or Inprovement Plans: N/A
2
NCW, ~, IT IS HEREBY M!1IUAL!..Y AGRE:ilD by arxi between the
parties hereto as foll~, TO WIT:
1. DEDIC.ta'ION
A. 'Ihe~ DEVE!DPER offers to dedicate tr.e real prcpe.rty slJ.a.m on
Exhibit "A", which is attached hereto ani made a part hereof by reference.
Said dedicated property shall be free an::l. clear of all liens or
enC'.::'l:lrances except those Ylbich the CI'l'lC shall waive in writing. 'I'he
DEVELOPER agrees nat to revoke said offer of dedication, an::l. to keep said
offer open until the CI'l'lC accepts offer by resolution.
B. l. ... pon execution of this AGRm!EN'I' t. .. .e DEVEIDPER agrees to
deliver a properly executed grant deed to the CI'l'lC of the real property
described in Exhibit itA", and such other executed qonveyance5, or
irst:ruments necessary to convey clear title as herein required. 'The
DEVD:.Ol'Eil. shall provide, at the DEVEIDPER'S sole cost and expense, to the
City:
(1) A preli:mi.nazy title report .. issued by a title insurance
c.cmpany relating to the prcpe.rty offered for dedication.
(2) A st:arrlal:d policy of title .i.nsural"lce issued by a title
L'"1S1lt'anCe company an::l. insurinq the CI'l'lC in the sum of: N/A, ani
'Nbich shall shew said prcpe.rty free an::l. clear of all liens or
encumbrances except those as the CI'l'lC s.'1a.ll e:xpressly waive in
writing; said policy shall be :fuJ:nished at the time of acceptance
of dedication and recordation of deed.
C. Upon the condition preceClent that the DEVEIDPER shall
perform each an::l. every covenant an::l. con:iition of this 1IGREEMEN'l', the CITY
agrees to accept said real property offered for dedication.
2. I:NSTAI.I.M'ION OF R1RK
It is fUrther agreed that:
A. The DEVELOPER shall install an::l. complete the Work within one {ll
year from the date of exeottion of this 1IGREEMEN'l', or such lcn;rer period
as may be specifically authorized in writ1n;r by tl".e City Engineer. In the
event the DEVEI.OPER fails or refuses to complete the work within the
specified period Of till1e, the CI'l'lC, at its sole option, shall be
authorized to complete the Work in 'Whatever manner the CI'I"{ shall decide.
In the event the CI'l'lC =mpl.etes the Work,. the cnY may recover arr:t and all
costs incun::I!d. the.reby frcm the DEVEtOPER. or the DEVELOPER'S surety or
both.
B. The DEVEICPER. shall :instali an::l. ccmplete the WOrk in a good and
worknanllka manner in acx:xlrdance with the plans as approved by the city
Engineer of 0Jpert.i.nc. The WOrk shall be dale in a.c::x::otdance with existinq
ordinances and resolutions of thecnY an::l. in ac:cx:n:tlance with all plans,
specifications, st:an::lards, sizes, lines, arxl grades approved by the City
Engir.eer. The WOrk shall be CfaIe in accortlance with all state arxl County
Statutes applicable hersto. The decision of the City Engineer shall be
final as to whether arrx material or wor.kmanship meets the standards,
specificaticlns, plans, sizes, lines an::l. gnIdes as sat forth.
3
C. It is further agreed. t.'1at the Work shall be done in accordance
with t.'J.e rrost current Starlda..rd Specifications of the Depart::ment of Public
Works, caJ.iforrtia Depart:ment of Tl:ansportation, State of caJ.iforrtia, and
in accordance with the specifications of the CI.lpertino sanitary District
wbe...re applicable.
w'he..'"E!II'er the wo:tds "state" or "caJ.iforrtia Division of High'daYS" are
mentioned in "the State Specifications, ,it shall be considered. as
refe..>-ri.::g to ti'.e CITlC of Ct.Ipe.rtino; also werever the "Director" or
"Director of Public Works" is mentioned., it shall be considered. as
refe..>-rin;r to the City Enqineer.
In case of conflict between t.'1e State Specifications and the
soecifications of the CITlC and/or the CI.lpertino Sanitary District, the
sPecifications of the CITlC and/or the CI.lpertino sanitary District shall
take precedence over and be used. in lieu of such conflicting portiol".5.
3 • EXCAVAT.ION I?El<MIT
It is further agreed that the IlEV.!:'iriii.ER shall ccmply wit.'1 Section
Three of ordinance No. 130 of the CITlC by obta.ininq an excavation r:ermit
f= the City Enqineer before the commencement of a:trf excavation in, on,
or under the surface of a:trf existin;J public, stJ::eet, lane, alley, sidewalk,
or ot."ler public place. It is further agreed. that the DEVELOPER shall
noti~ the City Enqineer of the exact date and time wen the proposed.
excavation is to ccmmence.
4. QOITC!AIM DEED
It is further agreed that the DEVELOPER, wen requested. by the crrt,
shall quitclaim all his rights and interests in, and shall grant to CITlC
aut.'J.orization to extract water from the urx:le.rgro\Jrd strata lying beneath
said project and DEVELOPER agJ:"eeS to execute a "Quitclaim Deed. and
Authorization" in favor of CITlC, Mlen presented to him for signature.
5. WNtS AND ornER SEaJlU'l'2'
A.. upon the execution of this ~, the DEIIEI:OPER shall file
with the crrt a fait."l.fUl. performance borxi to assure his full and faithful.
performar.ce of this AGI<EEMENI'. '!he penal SI.llIt of said faithful. perfo:r:mance
bond shall be the full cost of·' a:trf payment to be made under this
AGREJ:MENI', the value of a:trf land agreed. to be ded.icated, and any
improvements to be made under this A.GRE:EMENl'. In t.'1e event that
i:T1provements are to. be made under this ~, the DEVELOPER shall, in
addition to said faithful. pe:rfo:r:mance, file with the CITlC a labor and
materials borxi in a penal SI.llIt adequate to assure full payment of all labor
and ma:terials required to const:ruct:. said improvements. '!he a:mcunt of said
b::n:is shall be as designated by the City Etl;Jineer. Said b::n:is shall be
executed by a surety CXlIlp3l'Iy authorized to transact a surety I:lusiness in
the state of caJ.iforrtia aM lIIIlSt be approved by the City Attorney as to
form and by the City Etl;Jineer as to sufficiency. In the event that the
DEVELOPER shall fail fait:hfully to perform the covenants and conditions of
this ~, or to make a:trf payment, or a:trf dedication of land, or a:trf
improvements herein required, the CITlC shall call on the surety to perform
this AGREmml' or otherwise Wemnify the CITlC for the DEVELOPER'S failure
to so do.
4
B. In lieu of a surety bond, the DEVEIDI?ER may elect to secure t.:-us
AGt<m!EhT by depositinq with the Cl'l':{:
1. cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of Olpertil"'.o; or,
J. A certificate of deposit, or instrument of credit meeting
t.1oJ.e requil:ement.s of Govatnment Code section 66499 (b) or
(el •
C. The am::runt of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the city Engineer, and
shall be the equivalent to thet which would have been required had t.ie
DEVEl.OI?ER furnished the CITY with a surety bond. In the event thet t.'1e
DEVEIDPER shall fail faithfully to perform the covenants and conditions of
this 1\GREEMENT, or to make aIrf payment, or aIrf dedication of land, or any
ilnprovenents herein required, the CITY may apply the proceeds of said
security thereto.
D. No release of surety bond, cash" dePosit, check, or certificate of
deposit, shall be made except upon approval of the City CoImcil.
E. No interest shall be paid on aIrf -security deposited with the
CITY.
6. CHECKING AND :m5PECI'ION FEE
It is further agreed that DEVELOPER shall p<rf aIrf and all necessary
direct expenses for inspection, checkinq, etc., inct='ed by CITY in
conr.ection with said Project, and that DEVELOPER shall have. deposited with
CITY, prior to execution of this AG!1m!ENT, the am::runt as set forth herein
at Page 2 (Part C). Should construction cost vary materially ftcm the
estiIOate ftcm which. said = is calculated, the City Engineer shall notify
DEVEIDPER of aIrf additional sum due and owin;r as a resu.l.t thereof.
7. INDIRECI' EXPENSES
It is further agreed that DEVEWP.ER shall pay to CITY, prior to
execution of this AG!1m!ENT, i.ncl.il:ect expense allocal:lle to processing
tbese ~ements, the amount as set forth herein at Page 2 (Part DJ.
a • MAP CHEc::KI:N'G FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AG!1m!ENT, for offica checkinq of final map and
field chec:k:irrJ of street m:muments, in complianca with section 4:1 of
Ol:d.inana! No. 47 (Revised 12/04/61) of Cl'lY, the amcunt as set forth
herein at Page 2 (Part I) •
5
· .
It is further agxeed tl'.at the DE:VEI.O'Ii'ER shall pay to the cr:t:'l, prior
to execution of! this .1\GRE:EMENT, the amount set forth herein at !?age 2
(Part El as a 4evelopment maintenance deposit to insure proper dust
control and cleaning during the construction pericd.. '!he 4evelcpment
maintenance deposit ~.ay be utilized for repairs of defects and
ilrp:rfections arising out of or due to faulty wrknanship and,Ior materials
appearing in saia· work during the pericd. until release of the impl'.'OVernent
bords bY the CI'I"l. Shoula the DEVELOPER =nplete the required repairs to
the entire satisfaction of the CI'I"l, the l.l1'l1l!!9d balance will be retumed
after the release of the i:!rpl'.'OVernent borxls.
10. S'l'OPM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the .CI'IY,
prior to execution of this AGREE:MENl', a stom drainage chal:ge in
connection with said Project in accordance with the requ.i.:re:ments
established in Resolution 4422, Ma:rch 21, 1977, in the amount as set forth herein at !?aqe 2 (Part F) • • ....
il. WA'l'ER MAlN EXT.ElISION I:lE:IiCSTI
'lbe DEVELOPER further aqrees to deposit with the crI."i those monies
required to comply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. 'Ihe deposit shall be held bY the CI'IY until said
monies are needErl to :i:mplernent ~ cutJ.inErl bY the Director of
lMJlic Works or illIprcveme.nts cutJ.inErl within the adopted water Master
Plan.
The amount shown herein at Part K, Paqe 2, shall be the full amount
due.
12. ONE YEl\R ~ a:sr
It is further aq"eec.t that the tlEVEtOPER shall pay to CITl prior to
execution of this AGRm1ENT, the amount as set forth herein at !?age 2
(Part G), well, amount :tepL wants the pc:!"Ner cost for street lights for one
year.
13 • '!HE INSTALIATION OF S'I:REEl' 'mEES
It is further agxeed that the DE:VEI.OPER shall, at such time as deemed
appropriate bY the City E:rqineer, plant street trees in conformance with
the stan::'Ia.l:tIs of the City of 0Jperti.n0. Variety of tree shall be selectErl
from: the City approved list.
14. 'PAm( FEES
It is further agreed that the DEVE!..OPER shall pay such fees and,Ior
c1edicate such land to tl'.a Cl'l'Y, prior to execution, as is required within
"Park Dedication ordinance" N\Jml:Ier 602, 1972, and "Which. is further
stip,Jated I.lI'X3er Part J, Page 2 herein.
15. 11AlNI'ENANCE OF OOFU(
It is fw:ther agreed that the DEVElOPER shaH maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans an:1 tl".e
City stardards an:1 specificationS for the Work. TheDEVEl.OPER shall, upon
written notice thereof, immediately repair or replace, without cost or
obligation to the City of CUperti:no, an:1 to the e.ntira satisfaction of
said CI'lY, all: defect:.s an:1 imperfections aris:irq out of or due to faulty
workmanship an:l/or matarials appear:irq in said Wor.k.
16. 5l\N"IT.!Url OISTRIcr
It is further agreed that the DEVELOP.ER shall file with CI'lY, upon
exeoItion of this AGBm!ENT, a letter from the CUperti:no Sanitary District
stat.irq that the DEVEIDP.ER has entered into a separate AGREEMENT with tl".e
said District to install sanitary sewers to serve all lots within said
Project an:1 stat:irq that a :borXI. to insure full an:1 faithful. performance of
the const::ruction of the said sanitary SI!'ilerS an:1 to insure maintenance of
said sanitary sewer in conformance with the provisions as set forth in
paragraph 15 al.x:lve has been filed.
U. GOV"E!<NMENI' (DOE
It is further agreed that OEVElOPER shall file with CI'lY, upon
execution of this AGREEMENT, substantial. evidence that all provisions of
Section 66493, Article 8, Qlaptar 4 of the Gc:rJe.mmerit Code, pert:aj.:n.i.n; to
spec; 61 assesSl!!f!!'\ts or bonds, have been CXlIIi'lied with.
18. CE:NTRAL FI:RP! DISTRIcr
It is :furI:her agreed that the DEVEI.OP.ER shall file with the CI'lY, upon
execution of this ~, a letter f:rom the Central Fire Protection
District of Santa Clara COlnty, statln;J that the DEVEIDPER has entered
into an AGREEMENl' with said Oistrict to install fire hydrants to serve
said Project an:1 statln;J that all necessary fees have been deposited with
said District to insure installation an:1 five (5) year rental fee of said
hydrants.
19. PACIFIC GAS J\ND EPiX!rRIC/PAC!IFIC BELt.
It is further agreed that the OEVElOPER shall pay to Pacific Gas an:1
Electric Ccmpmy' an:l/or to PACIFIC BELt. Ccntpany any an:1 all fees required
for installation of 0I7el:he.ad. an:l/or ~ wi.ri.ng ci:r=its to all
elect::r:9liers within said p%tlperty an:1 any an:1' all fees required for"
~ as prtNided in Ordi.nanc:e No. 331. of CI'lY when DEVElOPER is
notified by either the City En;ineer or the Pacific Gas an:! Electric
COmpany "an:l/or PACIFIC BELt. C'Pmpany that said fees are c!Ile an:! payable.
7
"
20. Ei\.SEMEmS AND RIGHT-OF-WAY
It is fur\:hi!r agreed that any easement ani right-Qf-way necessary for
completion of the Project shall be a~ by the DEVElOPER at his own
ccst and ~. It is provided, however, that in the event eminent
dcma.in proc:;eEdings are required by the C!'lY for the purpose of securinq
said easement and right-Qf-way, that the DEVElOPER s!lall deposit with C!'lY
a sum COII'erinq the reasonable market value of the land proposed to be
taken and to be included in said sum shall be a reasonal:lle allowance. for
severance damages, if any. It is further provided that in addition
thereto, such sums qS may be required for legal fees and costs,
en:;ineeri.nq, and other incidental costs in such reasonal:lle alIr:lU!lts as the c::rn:: may n!qUi.re shall be deposite:l. with the City of 0Jpert:in0.
:21. HOW IlARMIESS
It is further agreed that, CCIl1ll1e1lCi.nq with the perfor.mance of the Work
by the DEVElOPER or his contract:or and continu.i.n;J until the completion of
the ma.inte.nanca of the Work, the DEVElOPER shall i.n:lemni.fy, hold harmless
and defeM the CIT.{ from. and aqainst'aiij or all loss, cost:., ~,
damage or liability, or claim thereof, occasioned by or in any way
whatsoever arisi.nq out of the perfor.mance or nonperfo:tmanea of the Wo]jl;: or
the l"..eqligenca or willful mi.scon::luct of the. DX'lEI.OPER or the DE.VEI.OPER' S
agents, employees and i.r.deperX1ent contractors.
22. :tNST.lRlW'CE
It is further agreed that: 'nl.e. DEVElOPER shall take out, or shall
n!qUi.re any oontra.ctar en:;aged to perfom the Work to take out, and
maintain at all tbnes dur:l.rq the perfomanc:e and ma:intena.nce of the Work
called for or required to be done he.re1m:ler, a policy of insurance nami.nq
the C!'lY and members of the City Ct:luncil of the City of 0Jpert:in0,
:iniividual1y and collectively, and the officers, agents and employees of
the City iMividtll!lJy and collectively, as irlsured. said separate policy
shall provide bodily injw:y and ptopetty damage COII'eraqe to the fore:!Oi.nq
named CIT.{ and :inii viduals coveri.nq all the Work performed by, for, or on
behalf of said DEVElOPER •. Both bodily injw:y and pmperty damage i:nsuranc:e
lI11St be on an cx::cw::renca basis, and said policy or policies shall provide
that the ~ affonl.ed thereby shall be primary coveraqa to the full
limit of liability state:l. in the declaratiOl'1S, and if the city, its
members of the city camcil :iniiYJdmitJ1y and collectively, and the
officers, agents, and employees ot! the CITY, individually and
collectively, have other .insuJ:allce aqa.inst the loss COII'ered. by said policy
or policies, that other irlsu:ran::e shall be e."CeSS insurance only.
8
•
\
A. Each of said ~licies of insurance shaH previde coverage in the
followirq .mi.niItalm alI'CUI'lts: For bodily injUl.'Y, $100, 000 each person I
$300,000 each occurrence, property ciaItage, $50,000 on ao::ount of any
one ocx::urre.r!ce with an aggLE,yata limit of not less than $200,000.
B. '!he DE'llE!DPER shaJ.l file with the City En;rinee.r at or prior to
t.'1e tillle of execution of this l\GRW1ENI' by the DE'llE!DPER such evidence
of said foregoing policy or ~licies of insurance as shaJ.l be
satisfactor:y to said City En;r:inee.r. Each such .policy or policies shaJ.l
bear an endorsement precl.1.ld.i.n;r the cancellation or reduction in
coverage without givir¥; the City En;r:inee.r at least ten (10) days
advanca notice thereof.
C. In the event that the l?roject covered herein shcul.d be mutually
situated in or ;;s.ffect the area of jurisdiction of a separate
municipality or political subiivision of the State of califomia, the
~licies of insurance req)li.red herein iUXi above shall co-name such
municipality or ~litical subiivision iUXi the prevision set forth
herein iUXi above for the protection of the c:ITY shall e::paJ.ly apply to .
municipality iUXi political subiivisioii;'"
23. MAPS lIND/OR ~ PIANS
It is further a.greed. that the c:ITY shall obtain the followin:J map
anVor plans at the DE'I/E!DPER'S ~:
A. A mylar sepia iUXi seven (7) printS of fIllly executed parcel map.
B. A mylar sepia and ten (10) prints of fIllly executed ~
plans.
C. A direct duplicating silver negative mictofilm apemtura cam of
all execute::l :i:mprovement plans iUXi map.
'!he DE'llE!DPER agrees to pay the c:ITY from the development ma.intenanca
deposit the cost:. for all prints of plans iUXi map req)li.red urx:Ier Item 23.
This AGREEMENT shall bind the heil:s, administrators, exeo.xtors,
successor, assignee iUXi t:l:ansfer.rees at the t:lEVEWPER. '.lhe assigIllleut of
this ~ shall nat:. be made wit:bcut ~ by the City Council. of
the City of 0Jperti.n0.
9
IN WI'INESS W!:!E:mXlF I CI'IY has caused its ~ to be hereunto affixed by
its Mayor am City Clerk, t.'lereUnto duly authorized by resolution of the
City Ccuncil and said DEVElOPER has hereunto caused his ~ to be affixed
the day and year first above written.
Approved as to form:
~ City Att:o:rney
Notary Acl<:nowle:Jgment Required
El<hibit A Attached
CI'IY OF aJI'ERI'INO: .
10
State of California )
) 55.
County of Santa Clara )
On this 9th day of ___ M-,-a"'y _______ , in the year 19 BB
before me, a notary public, personally appeared:
David Rynne
Personally known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to this
instrument on behalf of the corporation named therein, and
acknowledged that the corporation executed it.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Nota ublic for the
Stat of California
My commission expires:
_____ M_a~y~1_7 ____________ ~, 19~
ADDENDUM TO AGREEMENT
This Addendum made and entered into this 16th day of May' . \
1988, by and between the CITY OF CUPERTINO, a municipal corporation of
the state of California, hereinafter designated as CITY, and TANDEM
COMPUTERS, INC., hereinafter designated as DEVELOPER. This Addendum
modifies the t~rms and provisions of the Agreement of even date
herewith, and is made a part of that Agreement.
1. CONSTRUCTION COMPLETE. The recitals of the Agreement refer
to the DEVELOPER's application for a building permit for improvements
to the real property located at 10300 Tantau Avenue, Cupertino,
California (lithe property"). As of the date of. this Addendum, the
DEVELOPER has completed construction of the building and other.
improvements approved by the CITY. Nevertheiess, the CITY requires
execution of the Agreement in relation to certain site improvements
and the sidewalk constructed on the. property.
2. BONDS AND FEES. The Schedule of Bonds, Fees, and
Deposits, at page 2 of the Agreement, shall be modified as follows:
a. The CITY acknowledges receipt of a Faithful performance
Bond (Part A) on October 23, 1987, in the principal sum of $2S,000,
issued by American International companies;
b. The CITY acknowledges that the bond provided by TANDEM,
on October 23, 1987, by and through its surety, American International
companies, contains language sufficient to satisfy the requirements of
the Labor and Materials Bond (Part B) provided by the Agreement;
c. The CITY acknowledges receipt of the Checking 'and
Inspection Fee (Part C) of $1,500 on October 23, 1987;
d. The CITY acknowledges receipt of the Indirect city
Expenses (Part D) of $225.00, on October 23, 1987;
e. The CITY acknowledges receipt of the One Year Power
Cost (Part G) of $92.00 on October 23, 1987; and
f. The CITY acknowledges receipt of the sum of $14,683.00
as a 6% fee payable in relation to the contractors' estimated cost to
complete on-site and off-site improvements, on October 23, 1987.
No other fees or bonds being required by the Agreement, the CITY
acknowledges that the DEVELOPER has performed all fee and bond
requirements under the Agreement as of the date of this Addendum.
3.
approved,
easement.
1988.
DEDICATION. The DEVELOPER has submitted, and the CITY has
a f.orm of grant of easement, rather than a dedication of
The CITY recorded this grant of easement on January 8,
In order to make the Agreement consistent with the facts of this
Addendum to Agreement/LAG1103.BLDG200.K//042888//Page 1.
construction project, each and every reference in the Agreement to a
dedication of easement is hereby amended to refer to a grant of
easement.
4. BONDS. Paragraph 5 is hereby revised to reflect that the
DEVELOPER has deposited a Bond in the sum of $25,000 with the CITY,
that satisfies the CITY's requirements for both a Performance Bond and
a Labor and Materials Bond. The CITY further acknowledges receipt of
the sum of $~4,683.00 as and for a fee for the estimated cost of the
on-site and off-site improvements.
5. PAID FEES AND EXPENSES. The CITY has accepted payment of
the Checking and Inspection Fee, Indirect Expenses and One Year Power
Fee required by Paragraphs 6, 7 and ~2 of the Agreement; those
paragraphs are hereby modified to reflect such payment.
6.
all terms
remain in
provision
provision
LIMITATION. Except as expressly revised by this Addendum,
and conditions of the Agreement of even date herewith shall
fu~l force and effect. In the event of a conflict between a
of the Agreement and a provision of this Addendum, the
of the Addendum shall control.
7. ENTIRE. This Addendum and the Agreement of even date
herewith comprise the entire agreement between the parties. The terms
of the Addendum and the Agreement shall supersede all negotiations,
and oral or written representations made by either party hereto.
IN WITNESS WHEREOF, the CITY has caused its name to be hereunto
affixed by its Mayor and city Clerk, thereunto du~y authorized by
resolution of the city Council and said DEVELOPER has hereunto caused
his name to be affixed the day and year first above written.
CITY OF CUPERTINO:
DEVELOPER:
, Inc.
Notary Acknowledgment Required
Addendum to Agreement/LAG2~03.BLDG200.K//042888//page 2.
State of California
County of Santa clara
}
) ss.
)
On this 9th day of ___ -cMc-a.;:y ______ ---', in the year 19~
before me, a notary public, personally appeared:
David Rynne
Personally known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to this
instrument on behalf of the corporation named therein, and
acknowledged that the corporation executed it.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Nota ublic for the
Stat of Callfornia
My commission expires:
__ ..:;M:.:a~y__=1..:;7 ______ ___', 19 91
'. -:; " ~ ... ,
.. .
STATE OF CALIFORNIA Onthia" .. J'., .. ,.,.,. day of. . V.e,+o.ber"., .in the year ",l,$,?,.""""" .
Sc.. a .a,
COUNTY OF .. ". or!')"", 4r.q" , ,.,,' , :::l\J. ito ii+:::c;::: KeAtes::::::::::::::: ~ '~~;~;;P~i,ii~: s~~~~'~r'~:;~~':::
du1>i cpmmiesiOI!.,.-I and-~worn, personally appeared. . . . . . . . . . . . . . .. .,. .." ..
~~~~::;~~~~~~.~~~~~~ 't~' ~e .~~ 't'~~ '~~~i~' ~~ '~~t'i~~~;o~ ~~'i~~'c~;' ~~ .~~
the person .... whose name, ..... (~ ........................... , ... , .... , ... ,., ...•. ,
subscribed to this instrument, and acknowledged that .. .5 he .... executed it.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
in the .. , ....... 'U' ...... , ...... ,., .... , .... , ........ , ... ,., .. sr .. ,.,., . County of , , ,s.c.nt-a, , , a.r.o.., , , , ' , " , , " , , " , , .. , .. " . , " " " on the date set forth above
in this certificate.
Thi9~! is(J1l!y agereraltorm .....rich may 00 proPllrlor use 'I'l wmp1elr~-a"dll'l no
way acts. ori~_inlexed I:):!d. as a subs'..!ul!:dor l'lC adv C!Hl~ an atiomllY. thaprime' does not
rake an~ wa'Tanly. eilwr e.press or :mpke-d as to tho legal ~alidil't of any plo~isLC/I'l Ot lhl)
:s:!lla!l'i.t)' 0' trresa 10rms in any specll~ UaIlsat"rio!l.
1L vtf 9 . Not~tate of California
My commission exPires--=+"'-tl4-=I"'S<y1'-------
Cowdery's Form No, 32 -Acknowledgement to Notary Public -Individuals -(C,C. S.e, 1189) (Rev, 1/83)
AIU -'nsuraM~ Compa,MY ~W'rl~Wid' " ..... , BOl1dUlg American Home Assurance Company
Granite State Insurance Company
The Insurance Company of the State of Pennsylvania
National Union Fire Insurance Company of Pittsburgh. Pa.
New Hampshire Insurance Company
American International Companies
Principal Bond Office
70 Pine Street, New York, N,Y, 10270
KNOW ALL MEN BY THESE PRESENTS:
PERFORMANCE BONO
(AlA 3111
That TANDEM COMPUTERS INCORPORATED ,as Principal, and
.::Al='c::1E=R"I=-C",A=N:.....;H:;::O=M::E=-A=S",S"-U=RA=N.:.;C",E=--,C"-O=-M=P-,,A,,,N:;::Y=-___________ ,as Surety, are held and firmly bound
untothe City of Cupertino (Public Works Dept.) Californiqas Obligee, in the sum of
TWENTY-FIVE THOUSAND AND NO/IOO-----------------Dollars
($25 , 000 .. 00-----.... >. for the payment of which sum~ weI! and truly to be made, the Principal and Surety bind themselves. their
heirs. executors. administrators, successors and assigns, jointly and severally I firmlY by these presents.
WHEREAS, The Principal has entered into a written contract dated ___________________ with the Obligee for
off-site work at 10435 North Tantau Avenue, Cupertino, CA
______________________________ in accordance with drawings and specifications prepared by
which contract is by reference made a part hereof, and is hereinafter referred to as tl)e Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfullY perform said Con-
tract, then this obligation shall be nurl and void; otherwise it shall remain In full force and effect.
The Surety hereby waives notice of any alteration or extension of tIme made by the Owner.
Whenevef Convactor shall be. and declared by Owner to be in default under the Contract. the Owner having performed Owner's obllgatiom;
thereunder'. the Surety may promptly remedy the default, Or shaH prOmptly
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bId or bids for completing the Contract in aCCQrdance with its terms and conditions, and upon determination by Surety of the
lowest responsible bidder, or,!f the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and QvJner, and make available as Work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under this paragraphl sufficient funds to pay the cost of com.
pletion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable here·
under, the amOunt set forth in the first paragraph hereof. The term "balance of the contract price;' as used in this paragraph, shall mean the
..... total amount payable by Owner to Contractor under the Contract and any amendments thereto, Jess the amount properly paid by Owner to
Contractor.
. ,
.'
Any suit under this bond must be instituted before the eXPiration of two f2J years from the date on which final payment under the Con-
tract falls due.
No right of action shall accrue Oil this bond to or for the use of any person or corporation other than the Owner named herein or the heirs ..
executors, adminiStrators or successors of Owner.
Signed,seaiedanddated October 23. 1987
TANDEM COMPUTERS INC ORATED
~~~~~~~~~~~~~~~==-{~~~~~~---(p~"n~ci-p.-II __ =-~ ____ ~~all
Treas urerTitle)
,AMERI
Bond No. 06 88 10
Attorney-In-Fact
:'<.1.110 n/R41
•
• . An,erican Home Assurance Comoany
Netional UnioR Fire JnsuranCll npany of Pittsburgh, Pa.
Ptlnclpal Bond Of(it.~ 70 Pine Street. rvaw 'f ork~ N.V. 10270
POWER OF ATTORNEY .
No. 92-B-01124
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,
a Pennsylvania corporation, does each hereby appoint
---Mary K. Mariner: of Cupertino, California---
its true and lawful Attorneyls)-in·Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contrects of Indemnity and writings obligatory in the nature thereof. issued in the course of its business. and to bind the respective
company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these,presents
this~ day of _"-Oc;;;.t;:.o:..;b:..;e:..;r'--____ , 19E!.
Edward J. Frel • Vice President .
STATE OF NEW YORI< I.s. COUNTY OF NEW YORI<
On this 19 day of October ,19-.6lt..
before me came the abotve named officer of American Home
Auurance Company and Nationa' Union fire Insurance Company
of Pittsburgh, PD,. to me personally known to be the Indi'iidual and
officer described herein. and ackoowledged that he extikuted me
foregoing Instrument end atfixlKl lhe seats of said eorporatlonl
thereto bV euthority of his office.
CERTIFICATE
LOURDES I. C NTRER.\$
N.otary PublicI SIa1e of NlJw Yo"'k
No. 41-4787<07 .
Qualified' In Queans Co"o'y
Cen, filed In New York C~"~'V CommisSion expires March 3"C: mt:;
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire
Insurance Company of Pittsburgh. Pa. on May 18. 1976:
"RESOLVED. that the Chairman of the Board. the President. or any Vice President be. and hereby is~ authorized to appoint Attorneys-In-Fact to
. represent and ect for end on behaJf of the Company to exocute bonds. undertakin9l~ recognilsnces and other contractt of indemnity and writings
. obligatory in the nature thoreot~ end to attach thereto tha corporate teel of the Company ~ In the trensac.tiOil of itt turery-businass;
"RESOl YEO. that the signatures and attestations of such officers and the seat of the Company may be affixed to ony tuch Power of Attornev or to
any certificate relating thereto bv facsimile. and any such Power of Attorney or certificate bearing such facsimile sianatures CI facsimile seal shell be
valid and binding upon Eha Company whan so affixed with respect to Bny bond, undertaking, rec:ognizance or othsr contract of indemnity or writing obligatory in the nature thereot; ,
·'RESOLVED. that anV such Attorney-fn-Fact derivering a secretarial certification that the foregoing resorutions still be in effect mav insert in such
certification tha date thereof. said dale to be flot later than the date of delivery thereof bV wch Attornav·in-Fact."
I, Marion E. Fajen, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of
Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corpora-
tions, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of
Attorney ate in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
this 23rdday of_o_c_t_o_h_e_r _____ • 19_8_7 •
~ e d.;.,
Marlon E. F.i"",secro~T
23240 (41801