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88-058 Dividend Development Corporation, Improvement Agreement Tract No. 8118 Wilkinson Avenue) r'" f .. . . of " TRACT AGREEMENT TRACT 8118 'This AGREEMENT, made am entered into this __ ~6~t~h~ ______ ~day _.!;S~eJ::p::::.te~m!!!b:::oe,-"r ____ , 19~, by am between the CITY OF CUPERrINO, a municipal corporation of the state of california, hereinafter designated as CITY, am DIVIDEND DEVELOPMENT CORPORATION hereinafter designated as DEVELOPER. WITNESSETH WHERF1IS, said DEVELOPER desires to sub:livide certain lam within the City of cupertino in accortlance with the nap heretofore filed with the City Council of the City of CUJ.:ertino, marked am designated as Tract 8118 , WILKINSON AVENUE, CUJ.:ertino , california, hereinafter designated as the "Tract;" am WHERF1IS, said map shows certain courts, drives am roads which are offered for dedication for public use; am WHERF1IS, CITY hereby approves the illlprovement plans am specifications prepered for the Tract by KIRKEBY & ASSOCIATES, INC. _______________ , a true copy of said illlpravement plans am specifications are on file in the Office of the City Engineer of CUJ.:ertino; am WHERF1IS, the same are incorporated herein by reference, the same as though set out in full; NOW, 'II:lEREFORE, said illlprovement plans am specifications -shall be hereinafter called the "Plans," am the work to be done under the Plans shall be called the "Work." • Page 1 .. WHERE'1IS, pursuant te the provisions of this AGRmIENT, the CITY' hereby established the am:runts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEruLE OF B:lNCS, FEES AND DEroSI'IS PARr A. Faithful Perfomance Bond: $120,000.00 ONE HUNDRED TWENTY THOUSAND AND NO/IOO DOLLARS PARr B. labor and Material Bond: $120,000.00 ONE HUNDRED TWENTY THOUSAND AND NO/IOO DOLLARS PARr C. Checking and Inspection Fee: $ 6,000.00 SIX THOUSAND AND NO/IOO DOLLARS PARr D. In:iirect City Expenses: $ 900.00 NINE HUNDRED AND NO/IOO DOLLARS PARr E. Map Fi1:in:3' Fee: $ 130.00 ONE HUNDRED THIRTY AND NO/IOO DOLLARS PARr F. Development Maintenance Deposit: $ 3,000.00 THREE THOUSAND AND NO/IOO DOLLARS . , PARr G. ·Stem Drainage Fee: $ 3,831.00 THREE THOUSAND EIGHT HUNDRED THIRTY ONE AND NO/IOO DOLLARS PARr H. One Year Pcwer Cost: N/A PARr I. street Trees: BY DEVELOPER PARr J. Park Fee: Zone __ . _ _ ___ .___ __ _ _ $109; 771.00 _ ONE HUNDRED NINE THOUSAND SEVEN HUNDRED SEVENTY ONE AND NO/IOO DOLLARS PARr K. water Main Elct:ension Deposit: $ 8,904.00 EIGHT THOUSAND NINE HUNDRED FOUR AND NO/IOO DOLLARS PARr L. Maps an:l/or Improvement Plans: By DEVEIDPm Page 2 NOW, 'IHEREFORE, IT IS H:E:REBY MOTOAILY AGREED by and between the ~es hereto as follC1NS, TO WIT: 1. INST1ILU\.TION OF IDRK It is further agreed that: A. 'The DEVELOPER shall install and complete the Work within one (1) year from tha date of execution of this 1lGREEMENT, or such longer period as nay be specifically authorized in writing by the City Engineer. In the event the DEVEIDPER fails or refuses to complete the Work within the specified period of time, the Cl'r.{, at its sole option, shall be autho- rized to complete the Work in whatever nanner the Cl'r.{ shall decide. In the event the Cl'r.{ completes the Work, the Cl'r.{ nay recover any and all costs incurred thereby from the DEVELOPER or the DEVEIDPER f S surety or both. B. 'The DEVEIDPER shall install and complete the Work in a good and workmanlike. manner in accordance with the Plans as approved by the city Engineer of CUpertino. 'The Work shall be perfo:oned under the inspection and with the approval of the city Engineer. 'The Work shall be done in accordance with the existing -ordinances and resolutions of the City of CUpertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the city Engineer. 'The Work shall be done in accordance with all state and County statutes applicable thereto. 'The decision of the City Engineer shall be final as to whether any naterial or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the oost current standard Specifications of the -Department of I'llblic Works, California Department of Transportation, state of California, and in accordance with the specifications of the CUpertino Sanita:J:y District where applicable. Wberever the words "state" or "California Division of Highways" are mentioned in the State Specifications, it shall l::e considered as referring to the Cl'r.{ of CUpertino; also wherever the "Director" or "Director of I'llblic Works" is mentioned, it shall l::e considered as referring to the city Engineer. In case of conflict l::etween the state Specifications and the specifications of the Cl'r.{ and/or the CUpertino Sanita:J:y District, the specifications of the Cl'r.{ and/or the CUpertino sanita:J:y District shall take precedence over and l::e used in lieu of such conflicting portions. :2 • EXCAVATION PERMIT It is further agreed that the DEVEIDPER shall comply with section 'Three of Ord:i:nance No. 130 of the Cl'r.{ by obtaining an excavation permit from the city Engineer l::efore the co.mmencement of any excavation in, on, or l.1I1der the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVEIDPER shall notify the city Engineer of the exact date and t:iJne when the proposed excavation is to ccmmence. Page 3 3. QtirrCIAIM DEED " It is further agree::l. that the DEVEIDPER, when requested by the CITY, shall quitclailll all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying l:eneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 4. EONJ:S AND OIHER SECURITY A. Upon the execution of this AGREEMENT, the DEVEIDPER shall file with the CITY a faithful perfonrance bond to assure his full and faithful perfonrance of this AGREEMENT. 'Ihe penal sum of said faithful perfonrance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any irrprovements to be made under this AGREEMENT. In the event that irrprovements are to be made under this AGREEMENT, the DEVEIDPER shall, in addition to said faithful perfonrance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said irrprovements. 'Ihe amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the state of california and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVEIDPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any irrprovements herein required, the CITY shall calIon the surety to perform this AGREEMENT or othen;ise indemnify the CITY for the DEVEIDPER' S failure to so do. B. In lieu of a surety bond, the DEVEIDPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of CUpertino or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Goverrnnent Code section 66499 (b) or (c) • c. The arrount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVEIDPER furnished the CITY with a surety bond. In the event that the DEVEIDPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any irrprovements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the city Council. E. No interest shall be paid on any security deposited with the CITY. Page 4 5. cHECKING AND lNSPECITON FEE It is further agreed that DEVE!.OPER shall pay any am all necessary direct expenses for inspection, checking, etc., incurred by c:rr:l in connection with said Project, am that DEVEIDPER shall have deposited. with c:rr:l, prior to execution of this ~, the amount as set forth herein at Page :2 (Part C). Should construction =t vary m:tterially from the est:iJrate from which said 5UI1\ is calculated., the City Engineer shall notify DEVEIDPER of any additional sum due am owing as a result thereof. 6. INDIRECI' EXPENSES It is further agreed that DEVEIDPER shall pay to c:rr:l, prior to execution of this AGREEMENT, in:lirect expense allccable to processing these :improvements, the a=unt as set forth herein at Page 2 (Part D) • 7. M1\P FII.J:NG FEE It is further agreed that the DEVEIDPER shall deposit with c:rr:l, prior to execution of this AGREEMENT, for office checking of final m:tp am field check:i.rY;j of street l!lOI11.ll!lel', in compliance with Section 4: 1 of Ordinance No. 47 (Revised 12/04/61) of c:rr:l, the a=unt as set forth herein at Page:2 (Part E) • B. DEVEIDFMENJ: MAINTENANCE DEPOSIT It is further agreed that the DEVEIDPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part F) as a development m:ti.ntenance deposit to insure proper dust control am cleaning during the construction period. 'Ihe development m:tintenance deposit m:ty be utilized for repairs of defects am :il!tperfections arising out of or due to faulty workmanship am;or m:tterials appearing in said work during the period until release of the :il!tprovement J::onds by the CITY. Should the DEVEIDPER complete the required repairs to the entire satisfaction of the c:rr:l, the 'Ill'1.USed balance will be retumed after the release of the :improvement J::onds. 9 • S'IOFM I:lRAINl\GE FEE It is further agreed that the DEVEIDPER shall deposit with the CITY, prior to execution of this AGBEEMENT, a stonn drainage charge in connection with said Project in accoroance with the requirements established in :Resolution 4422, Mard:l 21, 1977, in the a=unt as set forth herein at Page 2 (Part G) . 10. ONE YEAR J:Cw.ER COST It is further agreed that the DEVEIDPER shall pay to c:rr:l prior to execution of this AGREEMENT, the am::nm:t as set forth herein at Page 2 (Part H), which am::nm:t represents the power cost: for street lights. for one year. 11. 'lEE INSTALIATION OF s1'REEl' TREES It is further agreed that the DEVEIDPER shall, at such time as deemed appropriate by the City Engineer, plant.street trees in confornance with the standan:ls of the City of CJpertino. Variety of tree shall be selected from .the City approved list. Page 5 :).2 • PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such lam to the c:rr'i, prior to execution, as is required within ·"Park Dedication Ordinance" Number 602, 1972,· am which is further ___ S?pul~~_un:ier_~_J~_~c;l"e 2 herein. 13. MAINl'ENANCE OF WORK It is further agreed that the DEVEIDPER shall maintain the Work: A. For a pericxl of one (1) year after acceptance of the Work by the city Council of the City of CUpertino, or B. until all deficiencies in the Work are corrected to conform to the Plans am the crI"i standards am specifications for the Work, whichever is the later to cx:cur. '!he DEVELOPER shall, upon written notice thereof, ilI1mediately repair or replace, without cost or obligation to the City of 0Jpertin0, am to the entire satisfaction of said crI"i, all defects am :iltp!rfections arisin;J out of or due to faulty 'w'OI'Jananship aIXVor materials appearing in said Work. 14. SANITARY DISTRICl' It is further agreed that the DEVEIDPER shall file with c:rr'i, upon execution of this AGRmIENI', a letter frcm the CUpertino SanitaIy District statim that the DEVEIDPER has entered intp a separate AGRmIENI' with the said District to install sanitaIy sewers to serve all lots within said Project am statim that a bond to insure full am faithful performance of the consb:uction of the said sanitaIy sewrs am to insure maintenance of said sanitaIy sewer in conformance with the previsions as set forth in Paragraph 13 above has been filed. 15. BO'SINESS AND FmFESSIONS CODE: It is further agreed that DEVEIDPER shall file with crI"i, upon execution of this AGREEMEI'n', substantial evidence that all previsions of Section U603, Article 8, Clapter 4 of the Business am Professions Code, pertainin:J to special assessments or boOOs, have been complied with. 16. CE:NmAL FIRE DISTRICl' It is further agreed that the DEVEIDPER shall file with the crI"i, upon execution of this AGREEMEm', a letter from the central Fire Protection District of Santa Clara county, statim that the DEVEIDPER has entered into an AGREEMEm' with said District to install fire hydrants to serve said Project am statim that all necessary fees have been deposited with said District to insure installation am .five (5) year rental fee of said hydrants. Page 6 • , , ri. STREE:l' UGHTING -P. G. and E. RATE SCHEWIE SHl\LL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street light1n;r at the earliest date possible. 18. PACIFIC GAS AND EI..ECl'fUCjPACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company a:n:ljor to PACIFIC BELL any and all fees required for installation of O'lel:head a:n:ljor tID:1ergroun:i wiring circuite to all electroliers within said property and any and all fees required for tID:1e:rgrourrlirg as provided in O:!:dinance No. 331 of CITY 'When DEVELOPER is notified by either the city En;Jineer or the Pacific Gas and Electric Company a:n:ljor PACIFIC BELL that said fees are due and payable. 19. ElIBEMENTS AND RIGm'-OF-'i'm.Y It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acg)lired by the DEVELOPER at his awn cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way I that the DEVELOPER shall deposit with CITY a SLllll rovering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allcmance for severance dam:l.ges, if any. It is further provided that in addition thereto, such sums as xray be required for legal fees and costs, engineering, and other incidental costs in such reasonable 8lllOimts as the CITY may require shall be deposited with the City of CUpertino. 20. HOID IlARMIESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold hamless and defend the CITY from and against any or all loss, cost, expense, dam:l.ge or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the perfonnance or nonperfonnance of the Work or the negligence or willful nds=nduct of the DEVELOPER or the DEVELOPER I S agents, employees and in:l.epen:lent contractors. 21. INSURIINCE It is further agreed that: '!he DEVELOPER shall take out, or shal,l require any contractor engaged to perform the WOrk to take out, and maintain at all times durin;r the perfonnance and maintenance of the Work called for or required to be done hereun:ler, a policy of insurance naming the CITY and members of the city COUncil of the city of CUpertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. said separate policy shall provide b::dily inj1.ll:Y and property dam:l.ge roverage to the foregoing named CITY and individuals rovering all the WOrk performed by, for, or on behalf of said DEVELOPER. Both bcdily inj1.ll:Y and property dam:l.ge insurance must be on an =rrence basis; and said .policy or policies shall provide that the roverage afforded thereby shall be prinary roverage to the full Page 7 .. lilnit of' liability stated in the declarations, ani if the city, its l!leIl1berS of the city council individually ani collectively, ani the office...""S, agents, ani employees of the CITY, individually ani collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. A. Each of said policies of insurance shall provide coverage in the followinq :minimum amounts: For bo:lily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate lilnit of not less than $200,000. B. The DEVElOPER shall file with the city En:Jineer at or prior to the time of execution of this ~ by the DEVEIOPER such evidence of said foregoinq policy or policies of insurance as shall be satisfactory to said city En;Jineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without givinq the city En;Jineer at least ten (10) days advance notice thereof. C. In the event that the project covered herein should be DU.ltually situated in or affect the area of jurisdiction of a separate nn.lnicipality or political suJ:xiivision of the state of california, the policies of insurance required herein ani above shall co-name such lIlllnicipality or political suJ:xiivision ani the provision set forth herein ani above for the protection of the CITY shall equally apply to nn.lnicipality ani political suJ:xiivision. 22. WATER MAlN IDcr'ENSION DEE'OSIT The DEVEIOPER further agrees to deposit with the CITY those monies required to conrply with "P:llicy on water Main Extensions Work ani Deposits" dated September 9, 1977. The deposit shall be held by the CITY until said monies are needed to implement ilIlprovements outlined by the Director of PUblic Works or ilIlprovements outlined within an adopted water Master Plan. The amotm.t shown herein at PARI' X, Page 2 shall be the full amount due. 23. MAP AND/OR IMPllI:lVEMEN'l PrANS It is further agreed that the CITY' shall obtain the followinq map and/or plans at the DEl7EU)PER'S expense: A. A lI1Ylar sepia ani thirteen (13) prints of fully executed tract :map. B. A lI1Ylar sepia ani ten (10) prints of fully executed improvement plans. c. A direct duplicatinq silver negative mi=film aperature caJ:d of all executed improvement plans ani map. The DEl7EU)PER agrees to pay the CITY' from the development :maintenance deposit the cost for all prints of plans an::l map required un::'ler Item 23. Page S " , , :; ) .. J ) .~ ~ l , J )i' l ( State of County of OFFICIAL SEAL ANNA MARIA FLOOD 1I0TA!<t PUBLIC -CAUFOnlllA 1'- ~ -"--," On this the.l1J.'t. day of _-'--""l..w<.LJC-____ 19il., before me, t1b06L (VU!.G6G flood the undersigned Notary Public, personally appeared c 11(.,6w~d i). or Iqtr NotarysSi\iiilitUl'e . :: e :==e.:efHH?22~3=:&;;e<ii';;== ~;"" 2 S8ij 22 NATIONAL NOTARY ASSOCIATION. 23012Venltlfa Blvd .• WOOdtandHW3.CA91364 :' ~.-- 24. 'I'EE<Ms AND CONDITIONS . It is further agreed that the above named terms and. conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the cit.Y Council of said CITY. IN WITNESS WHEREOF, CITY has caused its name to be hersunto affixed by its Mayor and. cit.Y Clerk, thersunto duly authorized by resolution of the Cit.Y Council and said DEVELOPER has hersunto caused his name to be affixed the day and. year first above written. CITY OF CUPER:rINO: Approved as to form: cit.Y Attorney DEVELOPER: Notary Acknowledgment Required. Page 9 (Rev. 3-1986) ( j~:=JS ;c:TIfu~;i~ 58. me =}*?d"~n this the ~ day of --J.H-'JIlfA..utll.lJ/hLL-_"..-c_-_" __ 19.RK., before me, ./ :1 County of S,C\Ott ClarK" SS. ftn OfL !vIa rri F r rod "' OFPICIAL SEA', ANNA ~'MIA FLOOD r:OTARY vUBlIC -CAut:'onNIA 1"-3 N!1:.:l"'::; et;:;:ny c~· ,:~··:a C);::: HR so. Ing':) the undersigned Notary Public, personally appeared :t \ L huwd ~ ollv€.r ~rsonally known 10 me o proved 10 me on the basis of satisfactory evidence to ~ the perrn(~ 3hO ftl9cuted Ihe within Instrument as Ike.. r (5 eo r or on behalf of the corporation therein named, and acknowledged 10 me that the corporation executed 11_ WITNESS my hand and official seal. ~trJ~'4&ri Notary's Signature =?-?? '1:.."i?2ii?'iee:: :: :e::::: 23 3:: ;e.8 •• 2228 ~=? ;~;;; :;~~~sa~ NATIONAL NOTARY ASSOCIATION. 230t2Ventuta Blvd." Wocdl4l\d Hills, ell 91364 7'''<,\to,., STATE OF CALIFORNIA 5S. County or Santa Clara onM~.r:,:~ .. ~~..r •• 1 ~.8.e .... before mel ~.~»;J..~. ~.~. Wggn~F •..•. Notary Public, State Df Californial duly commissioned and sWDrn. 'I d Jody A. Johnson II k persona, y appeare •••.•• • •••••••.••.•••••••• persona y nown to me to be the Auorney-in-fact of the Corporate Surety that 'exe:c:~ted the within instrument, and known to me to be the person who executed the said instru.ment on behalf of the Corporation , her.ein named and acknowledged to me that such Corporation -executed the same • • ,' IN WITNESS WHEREOF, t have hereunto set my hand and affixed my oUidal seal in the County of •. q~nt;.9-.. Clar:a .•. the day and __ ;~~~'. :~. :::5 certiflcale firsl .boV~, ~:~ ... Bond If·U 68 811 88 lUI~ PREMIUM $ 2,160./2 yrs FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: THAT WE, DIVIDEND DEVELOPMENT CORPORATION as Principal and UNITED PACIFIC INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of ONE HUNDRED TWENTY THOUSAND AND NO/IOO DOLLARS -;--;;--:-___ -;:-:-;--;;----;-:----;-,.-:--:-_--,,.--:-; ___ -,---,,.-;-:--;-__ ::Do lla r s ( $ 120. 000 . 00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, said Principal will perform all necessary improvements relative to ______ _ TRACT 8118 located WILKINSON AVENUE in accordance with the approved improvement plans prepared by __________ ~~~~~------ KIRKEBY & ASSOCIATES, INC. Civil Engineer on file in the Engineer's Office, City of Cupertino, and incorporated herein by reference. WHEREAS, improvements shall be completed within one (1) year from the date of acceptance of this bond by the City Council. WHEREAS, improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City. This bond shall be in full force and effect through the period of maintenance as provided in said contract. The maintenance • period shall continue until such time that all deficiencies of construction are corrected to the satisfaction of the City Engineer's Office. WHEREAS, Principal and Surety shall be responsible for any and all damages arising under the original contract. NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations as set forth above, on its part to be done and performed at the time and in the manner specified therein, then this obligation shall be null and void; otherwise this bond shall remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 211th day of March , 19~ r:" be signed by '~incipal and Surety. ~jo~ary Acknowledgments required.) The above bond is 6/17/85 DIV?D DEVELOPMENT CORPORATION BY:~~ 7J'~,p Princ~pal UNITED PACIFIC INSURANCE COMPANY Surety BY:~~'~ AtOrey: E'act ody A. ohnson accepted and approved this day of __________________ ___ " • , LABOR AND MATERIAL BOND (Subdivision Improvements) ~~OW ALL MEN BY THESE PRESENT: '!HEREAS, the City of Cupertino, State of California, and Bond JI U 68 84 88 Premiuni: Included in FP Bond. DIVIDEND DEVELOPMENT CORPORATION hereinafter designated as flPrincipal" have entered inta or are about to enter into a contract providing for the installation, construction, and erection ,by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, Provisions, provender or ocher supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set foreh; NOW, THEREFORE, we, the Principal, and ~~~~~~~~~~~ __________ _ UNITED PACIFIC .INSURANCE COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, joinely and severally, unto the City of Cupertino, and any and all materialmen, persons,"companieg, or corporations furnishing materials; provisions, provender or other supplies used in. upon. for or abut the perfor- mance of the aforesaid work contracted to be executed or performed unde~~the contract hereinabove mentioned, and incorporated herein by reference. and all persons, companies or corporations lending or hiring te~ms. implements or machinery, for or contributing to said ~ork to be done, and all persons who . perform work or labor upon the same, and all persons who supply both work and materials, whose claim· has not been paid by Principal or by any other person. in the just and full sum of ONE HUNDRED TWENTY THOUSAND AND NO/lOa DOLLARS ___________________ ($ 120,000.00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said PrinCipal, his or its subcontractors, heirs, executors, administrators. successors at:' assigns, shall fail to pay for any materials, provisions, provender or otner supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any ~ork or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fe~ as shall be fixed by the court. This bond shall inure to the benefit of any and all persons. companies, and corporations entitled to file claims under Section 1184.1 of the Gode of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. OFFICIAL SEAL ANNA MARIA FlOOD NOiA~'( PUB-LIe ~ CAUF'OnNIA the undersigned Notary Public. personally appeared 1)1{,h;lrd 1, 01; vel ~rsonallY known to me o proved to me on the basis of satisfactory evidence to ~'1 me per2on(sllhorecuted the within Instrument as V lce, Jl'S', eo or on behalf of the corporation therein named. and acknowledged 10 me Ihalthe corporation executed it. WITNESS my hand and official set-~tnwWv W Notary's Signature STATE OF CALIFORNIA SSe County of Santa Clara onM~r.ch .2?lr. 1S.S8 ...• before me. ~q.J:'.1.q.. H't. W9-9J).l?!=-" •••.• Notary Public, State or California. duly commissioned and sworn, personally appeared.;.(cX1.Y. .1\-, . .;rgl)rv~9n ..... personally known to me to be the Attorney-in-Fact of the Corporate Surely that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation herein named and acknowledged to me thal such Corporation J executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed fr" . I I" h C f Santa Clara h d d my 0 lCla sea &n t e ounly 0 •••••••••••••• , ••••• t e ay an year in this certificate first above written • ........ ~.~ .... : ...... . La~o, and Material Bond Page 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or" additon to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addtion to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 24th day of March , 19 ~ (To be signed by Principal and Surety. Notary acknowledgments required.) DIVIDEN~:LOPMENT CORPORATION By: ~~6.~ if (Principal) UNITED PACIFIC INSURANCE COMPANY (Surety) BY:~~'r~~ GOrne::n=Fac t) Jody A. nson : The above bond is accepted and approved this ____ day of _______ , 19_ .. i i-I I I I I ! I I I i I I I, I" I I I , I ! .! I ! I ! I I I 1 ! I UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE. FEDERAL WAY. WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESE'NTS, That tbe UNITED PACIFIC INSURANCE COMPANY. iI corporotion duly orQl!Millild under the laW'S 01 the St.te of Washington. don hof"oby moke. constitute lind .appoint JODY A. JOHNSON of SAN JOSE, CALIFORNIA--- It I true,.,d laMul AttOrney.j';·Faet. to M.ake. e)(C)(:ule. scil lind detivet' for and on its boholf. and lH in act and dood ANY AND ALL DONDS AND UNDERTAKINGS OF SURETYSHIP------ end 10 bind t~ UNiTED PACI FtC JNSURANCE COMPANY tMreby as fully Bnd to the '-<JmC!' extent at if "ueh bonds and undertakings and other wtltln9s oblig.a10ry 1M the n.,turc thoroor ~te Jign.ed by nM El«I'cutive Offieot 01 1he UNITED PACIFIC INSURANCe COMPANY and tealed and attested bv one other 01 luch Offi~i. and hereby nlfifitl and confirms all that itt u.id Atlorncyfd·in-Faci ~V do in purSl.Ulnce hereof. 'Tnt, Po~r 01 AttorMY it oranted undor and by authoti~y of Articl& VB 01 the Dy~Lam or UNITED PACIFrc INSURANCE COMPANY which be<!ZlIne eUC'Ctive $tp(tf'l"itioGr 7, 1978. which provis:ions. are now in fun 'orCClllnd effoct. rendin~ ,u follows; ARTICLE VII -EXECUTION Of BONDS AND UNOERTAKINGS 1. The-Bo;ard of Directors, the Presidcnt, the ChauM!n of the Board, ~ny Saniot Vice Prelldent. any VIce Pres:idenf Ot AUluanr VICC Ptesldent r:JIf other officer dcslgnated by t~ Goard of Directors shall have POw&r end authority 10 t.alappoinl AttotncYS·ln.Facl and II) aUlhorlze Them 10 cl(t:cute on bthaif of the Company. bonds 8M undertakings, recoonlzances, contracts of indemnity and other wrnings obll93torv In Ihe nalure theceoi.antt (bl to remove ,ny ,uch Anorney·in-Faet .1It any lime and revoke tha power and authority !.Liven to him. :2. Attorney,·in·FsC'i shal! NV!e' power lind Jluthority. lubjaC1 to the tarms and limitation, of the power of 'UtorMy ISSUed to them, 10 executc ~ deliver o'n behalf of the Co~ny, bond: end undertakino,_ recognizlInce'S, c:ootf4CU 0' indemnitY and other wrIting, d'Jligatory In fhe MIUte thcreof. 1NI: corPOuu seal is not nctCMSJ!ry lor thc validity 01 My bond$ and undcrlakino .. flw:;og.niz:.ncM. contracts-of Inoomolty and other wrlllngs obhg<ll()rV 1M lhe nature thert'Ol. 3. Auorneys-in-Fact ,hall have po'Ner and authorilY to execute "mdavin reQuired to be 3ttached to bonds •• !c:ogmzances. COnlrilCU of ,ndem· nuy Of Other conditional or obligatory u~ertakinQ's and·lhey shall also l"Ia.ve power and aUfhority 10 ci'tnify the: financial statement 01 the Company Dnd to cople. 01 Ihe By-Lam of Ihe' Compcny Of any ankle or section theroof. This power of .attorney is signed and sealed by fbCsimile undet and by aUfhorlty or the follOWIng Re'olutlon adoptcd by Ihe Boald 0' Olfec(ot'l 01 UNITED PAC1F1C INSURANCE COMPANY al a metino hald on the 5~h day of June, 1979. at whitl"l a Qoorum was present, .lind said Aeiolutlon h.u nOI IJoooen .I!nI!nded Or 'U'PEIaled: "Resolved, that the! 1iona1ures of 1uch,dirC'Clors alid oUieou ~nd tho foGal of tl"le Company may be .. mud 10 anv 1Uc:h POWCf of anOtt1:ey or any Ofrtificattf relating thereto by lacSimife • .and any 1uch powet 01 aU orne V or ceflifiGl)fe bCl.1lring such laC$lmlle 11gnatvrot or facsimile seel ihtfll bell valid tfnd binding upon thl!! Company and any 'uch power so l!!)(C'Cufed and cenilled by la"CSimll~ ,ign.uUI'fu and fso:imile st'al shall be valid and tllndin9 upon the Company In the fUture WITh re,pect to any bond or unoeruking to lNhich it llatutched," IN WITNESS 'WHEREOF, the UNITED PACIFIC INSURANCE COMPANY h-O'1 cau:ed ,he't prcsen,s 10 be Slgntd by its Vrce Ptl!!Sldenl. and lU corporate ... 1 to be h""o .,Ii .. d. ,hi, 5th d.YOf August 19 84 . STATE Of COUNTY OF On thiS 6th Washington King day of 'GJ'~'UNITClc INS~RAN OMP NY • ,SIW., . .'. It ~ 'n' V' LJ /.., " "_"" ~~.. .k.::_\-..l!l~_ Vice Pte'lldont .1984. "",wnolly ,",poore<! Charles B. Schmalz to me known to be rh" Vlce·Presid~nt of tha UNITED PACIF1C INSURANCE COMPANY, and ackoowll!!dged that he e:JlCcut!d and attested the fore. OOlng InStrument and aUb:ed the sea! of said cOfporation theleto. and th.et Article VII. Section 1,2. and 3 of the ny-Laws of said Comp"ny,and the Resolution. se't fOrth Itwlltin. Ire nil! in fuJi fOlce. July 20 • III 86 ~~~~-~IiC in and for Slate of ~[lshington My ClmmlSsron EllPl1e:S: :.'. Milton I. Charles J. Falsko'W' ; hulltnnt Secrot4ty of the UNITED PACIFIC IP'!SURANCE COMPANY. do hereby celllly Ih~t the Above and foregoIRgl'. truo and cort~t COPY of .. Powor of Attorney executed bv said UNITED PACJFIC INSURANCE COMPANY. which IS stilt In iull forco and a-ffect. ' 24th: day 0' March 19 88 BOU·l.31 Ed. 4/00 Aulrton,Socr ... ry CL...L;tL~ os. 08. Alburger-de Gros~, Ine. r.o. Box 10733 1010 CorporatIon 'Way Palo Alto, CA !M303·0900 11lJS ClIITIFICATE 1915'UlD AS A MAmR Ol' lNl'ORMATll'IN ON!. y ~ND OONFERS NO !110m Ul'QH WE CIRnF1C"'TIl~OLDEI!. 'tIl1i CERTJFJCATlIlOES HIlT AMliIfol. mSND OR ~i.ffIlTHI COVERAO~ AfFORDED IV THE POUCIU aG~ow. COMPANV A LE11GA COMPANIES API'ORDING COVERAGE Aetna LI Co & Casualty I-==~--------~~----i ?~NV B J~UMO r~~"~·----------------------------------. Jim Diffenderfer, RobIn DIffenderfer &. Bob Leong 1484 Mislaya Court Sunnyvale, CA 94681 CO!.IPMIY 0 LETTER COMPANY ... LeTTEI'! ... THIS ISla C9ATD'Y mAT POllClU OF INSURANCe LItTlD BELOW !lAVE aEEN !!leVED TO THI UISUAED NAMeD ABOVE I'OA THE POLICY PIRlon INI!TI<!.A~9J HOTWITHSTANDIHQ ANY REOUlRI"'JNT TERM OR OQNPlTlOij OfAHY CONTRACT OAOTNI" DOOIJI>ISHTWrTH AESPECTTO \\'KICHTH11J ClRTIFIOA ... ~l lli ISSUED OA MAY P'"TAIN. THE INsvilAHCE AfFl)~DiO IV THE I'<IlIOllB DOCRIBEIl m;~111l1' SUBJECIT TO ALL THE nR1ol8, EXClU&IONO. ~~D CONOI· T~N$OP.UOHPOU~;~ TVP. Of INSURANCE UAlllI.rTV WORKERS' COMPINIATIOH IIIlD .II'''~OYIA8· UUH.ITY POliCY /lUMaER OSACM5ZSSZ67 I\~ LIMIT9 IN THOI1llAt/J)$ 05/13/88 OSlI3/8' With respect iOI Lot 2, SlIft FerRand!! CA, Certllkllie Holder Ii aamed 119 Addllionlll wIth regard 10 all operatlOllll or named Insured as covered by pllllc1anii aU endtll'llcmenl8 thereto. PER ATTACHkO SHOULD ANYOFTH! ABOII! D~IICR1!liIl POLIOln SECANeII.UII 8aFa~1 TKUX· P!~ATION DArE 1HSlleo" T1ii 19sum COMPAt« WILL aNDEAVOR TO MJ,IL 10 DAYS WIltm!H HQTI~' W THE CI~I'IOATe HOLOI~ HAMED TO THi U'FT, Dill' 'AII.URE TO !MIL WOK HoYlel! .HALL IMI'09~ NO OILlQATION O~ LIAUlrY OF AllY KIND UPOI/ THI CI)MI'A!IY,ITS Atl!N'l1I OR REP~E81IlTATIVE9. 1"03 , ~ "..,-. '''.,~~ CERTIFICATE OF INSURI\NCE ,;: , • (Continuations) - INSURED: Jim Dll'I'cllderl'tr, DESCRIPTION OF OPERAnONSlLOCA'I10NSNEHIC1.ESlRESTPlICTlON9I8PECIAL ITEMS· (Ccntlnllld:) CERTIJ1lC~ TE HOLDER ANI> ADDl'1'I0NAL INSURED ARE NAMED AS FOLLOWS: THE CITY ANI} MEMBERS OF THE CITY COtJNCIL OF mE CITY OF CUPli:RT1NO lNDIVIDU~LLY AND COLLECTIVELY, AND THE OFI<'lCERS. AGENTIi, AND EMPLOYEES OF THE CITY INl>JVIDUALLY AND COLU;CTIVEL Y JO;l()O 'rORRE AVENUE CUPERTINO, C~, 95014