88-059 Tula Estates, A General Partnership, Parcel Map and Building Permit, Tula Lane/
AGREEMENT
TULA LANE
'Ihl.s AGREEME!fl' made and entered into this __ ",-,1 92..1ot .... h ____ _ Clay
-. of _---"S!.5e.l!.pt!:.!e~m~b~er~ ______ _ , 19.J!L, by and between the Cl'l'lr OF
• CUPERl'INO,a municipal coxporation of the state of california, hereinafter
• designated as Cl'l'lr, and TULA ESTATES. A CALIFORNIA GENERAL PARTNERSHIP
. herei:nafter designated as DEWIDPER.
WITNESSETH
WH:E:RElIS, the DEWIDPER has made application to the Cl'l'lr for a
PARCEL MAP AND BUILDING PERNIT
to construct: and maintain a SINGLE FAMILY DWELLING
hereinafter refen:ed to as IIProject."
WH:E:RElIS, Cl'l'lr hereby apPtoves ,the :IJtprovement plans and specifications ~
prepared for the Project by EDWARD J. BAHAMIAN ;
a true r::op'.f of which fmprov'ement,plans and specifications are on file in
the office of the City Eh;rineer o(CUpertino; and
WH:E:RElIS, the same. are incol:porated hemin by :reference, the same. as
though set out in full;
NCM, 'IHEREEOM, said fmprov'ement plans and specifications shall be
hereinafter called the "plans," and the work to be done umer the Plans
shall be called the ''Wol:k. II
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WHERFAS, pursuant ,to the prc::wisions of this 1lGREEMENT, the CI'I'Y hereby
established the amounts of Bonds, Fees, am Deposits as set forth in the
following schedule:
SCHEIXlLE OF Eafi:S, F'E&'3 lIND DEroSITS
PAR!' A. Faithful Perfonnance Bond: $ 5,000.00
FIVE THOUSAND AND 00/100 DOLLARS
PAR!' B. Labor am Material Bond: .$ 5,000.00
FIVE THOUSAND AND 00/100 DOLLARS
PAR!' C. Checld.nq am Inspection Fee: $ 250.00 TWO HUNDRED FIFTY AND 00/100 DOLLARS
PAR!' D. Indirect City Expenses: 37.50
THIRTY-SEVEN AND 50/100 DOLLARS
PAR!' E. Development Maintenance Deposit: $ 1,000.00
ONE THOUSAND AND 00/100 DOLLARS
PAR!' F. stonn Drainage Fee: $ 566.82
FIVE HUNDRED SIXTY-SIX AND 82/100 DOLLARS
PAR!' G. One Year PcMer cost: N/A
PARI' H. street Trees: By Developer
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PAR!' I. Map Checld.nq Fee: $ 210.00
TWO HUNDRED TEN AND 00/100 DOLLARS
PAR!' J. Park Fee: ZONE 1 $14,636.16
FOURTEEN THOUSAND SIX HUNDRED THIRTY-SIX AND 16/100 DOLLARS I PAR!' K. water Main Extension Deposit: N/A
PAR!' L. Maps a:ndjor Imprc::wement Plans:
I (;, I 10D. 49
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NCM, 'lHEl<EFORE, IT IS HEREBY MI1.l'I'.JAl:U II.GREEI:J by an:i :between the
parties hereto as follows, 'ro WIT:
1. DEDICATION
A. 'lhe DE.VELOPER offers to dedicate the :r:eal property shewn on
Exhibit "A", which is attached hereto an:i nade a part hereof by reference.
Said dedicated property shall be free an:i clear of all liens or
encumbrances except those which the CITlt' shall waive in writing. The
DEVEIDPER agrees :not: to :revoke said offer of dedication, an:i to keep said
offer open until the CITlt' acx:epts offer by ;esolution.
B. Upon execution of this AGREEMENT the DEVEIDPER agrees to
deliver a properly executed gnmt deed. to the CITlt' of the :r:eal property
described in Exhibit "A", and such oI:her executed conveyances, or
instruments :necessatY to corNf:rj' clear title as herein:required. The
DE.VELOPER shall provide, at the DE.VELOPER'S sole CXlSt an:i expense, to the
city:
(1) A prelimi:naJ:y title report issued by a title insurance
CCll\1?!U'lY relating to the property offered for dedication.
(2) A standal:d policy of title insurance issued by a t:i,tle
insurance CCll\1?!U'lY an:i i.nsurin:T the CITlt' in the SUlII of: N/A, an:i
which shall show said property free an:i clear of all liens or
encumbrances except those as the CITlt' shall expressly waive in t
writing; said policy shall be furnished at the tilne of acceptance
of dedication an:i :recordation of deed..
C. upon the condition precedent that the DEVEIDPER shall
perform· each an:i every covenant an:i CCll'Xiition of this AGREEMENT, the CITlt'
agrees to accept said :r:eal property offered for dedication.
2. mSTAIIM'ION OF mRK
It is furt:her agreed that:
A. The DE.VELOPER shall install an:i ccmplete the Work within one (1)
year from the date of execution of this AGREEMENT, or such longer period
as may be specifically authorized ;In writing by the City Enqineer. In the
event the DEVEIDPER fails or refuses to ccmplete the Work within the
specified period of t4va, the CITlt', at its sole option, shall be
authorized to ccmplete the Work in Whatever manner the CITlt' shall decide.
In the event the CITlt' ccmpletes the Work, the CITlt' may recover a't¥ an:i all
CXlSts incurred 1:herelJy from the DEVEIDPER or the DE.VELOPER I S surety or
both.
B. 'lhe DE.VELOPER shall install an:i ccmplete the Work in a good an:i
worJananlike manner in aocordance with the plans as appmved by the City
Enqineer of CUpertino. 'lhe Work shall be done in a.c:x::omance with existing
ora.inances an:i resolutions of the CITlt' an:i in accordance with all plans,
specifications, staI:1dai:ds, sizes, lines, an:i grades approved by the City
Enqineer. 'I'he Work shall be done in aocordance with all state an:i County
statutes applicable hereto. 'I'he decision of the city Enqineer shall be
final as to whether a't¥ material or wor:kmanship meets the st.a:OOards,
specifications, plans, sizes, lines an:i grades as set forth.
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C. It is ft.U::ther agreed that the Work shall be dons in accordance
with the nost current standard Specifications of the Departl!le.nt of PUblic
Works, california Department of 'I'ransportation, state of california, and
in accordance with the specifications of the CUpertino Sanitary District
where applicable.
Wherever the WOl:t1s "state" or "california Division of Highways" are
mentioned in the state Specifications, it shall be considered as
referring to the CI'IY of CUpe.ttino1 also wherever the "Director" or
"Director of PUblic Works" is mentioned, it shall be considered as
referring to the city Engineer.
In case of conflict between the state Specifications and the
specifications of the CI'IY a:rx'ljor tlie CUpertino Sanitary District, the
specifications of the CI'IY a:rx'ljor the CUpertino Sanitary District shall
take precedence aver and be used in lieu of such conflicting portions.
3. EXCAVATION PERMIT
It is ft.U::ther agreed that the DEVEI:.OPER shall cc:mply with Section
'1hree of ordinance No. 130 of the CI'IY by obtaining an excavation permit
from the City Engineer before the ~ of any excavation in, on,
or 1..lD:ier the surface of any existing public street, lane, alley, sidewalk,
or other publ:!,c place. It is ft.U::ther agreed that the DEVEI:.OPER shall
notify the City Er:gineer of the exact date and time when the proposed
excavation is to commence.
4. QUITCIAlM DEED
It is further agreed that the DEVEI:.OPER, when requested by the CI'IY,
shall quitclaim all his rights and interests in, and shall grant to CI'IY
authorization to e:x:tract water from the underg"roIlnd strata lying beneath
said project and DEVEI:.OPER agrees to execute a lIQ.U.tclaim Deed and
Authorization" in favor of CI'IY, wt)en presented to him for signature.
5. OONJ:S AND 0lHER SEXlJRITY
A. Upon the execution of this ~, the DEVEI:.OPER shall file
with the CI'IY a faithful performance J::orxi to assure his full and faithful
performance of this AGREEMENT. '!he penal sum of said faithful performance
bond shall be the full cost of any payment to be made under this
AGREEMENr, the value of any land agreed to be dedicated, and any
improvements to be made under this AGREEMENl'. In the event that
improvements are to be made under this AGREEMENT, the DEVEIDPER shall, in
addition to said faithful performance, file with the CI'IY a labor and
materials J::orxi in a penal sum adequate to assure full payment of all labor
and materials required to construct said intpravements. '!he am::lUl'rt: of said
lxms shall be as designated by the City Engineer. Said lxms shall be
executed by a surety cc:mpany authorized to transact a surety business in
the state of California and l1lUSt be approved by the City Attorney as to
fom and by the City Engineer as to sufficiency. In the event that the
DEVEI:.OPER shall fail faithfully to perfom the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of land, or any
intpraveJrel'lts herein required, the CI'IY shall calIon the surety to perfonn
this AGREEMENT or otheJ:wise We:mnify the CI'IY for the DEVEI:.OPER'S failure
to so do.
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B. In lieu of a .. surety bond, the DEVEIOP.ER rray elect. to secure this
AGRmlENT by depositing with the Cl'I'l!':
1. cash; or,
2. A cashier's check, or a certified check payable to
the cn:der of the City of CUpertino; or,
3. A certificate of deposit, or ~ of credit meting
the requ.i.relrents of Govemment Code sect.ian 66499 (b) or
(0) •
C. ihe annmt of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, at1d
shall be the equivalent to that 'Which would have been requi:red had the
DEITEIDPER furnished the Cl'I'l!' with a surety bond. In the event that the
DEVEIDPER shall fail faithfully to perfOl'.'1\\ the covenants at1d oorx'litions of
this AGREEMENr, or to make any payment, or any dedication of lcmd, or any
:impJ::ovement:s herein required, the Cl'I'l!' may apply the pLl ':eeQS of said
security~.
D. No release of surety bond, cash deposit, check, or certificate of
deposit, shall be made except 1J!Xlll approval of the City C'a:Incll.
E. No:l.nterest shall be paid on any security deposited with the
Cl'I'l!' •
6. alECKING AND lllSPECl'ION FEE
It is further agreed that DEVEIDPER shall pay any at1d all necessary
direct expenses for inspection, check:ln;r, etc. , incun:ed by Cl'I'l!' in
oonnecti.on with said P.roject., at1d that DEVELOPER shall have deposited with
Cl'I'l!', prior to execution of this AGRmlENT, the annmt as set forth herein
at Page 2 (Part c). Should oonstructi.on cost vary materially from the
estbnate from 'Which said StlIII is ~cuJ.ated, the City Engineer shall notify
. DEVEIOP.ER of any additional StlIII due at1d owin;J as a result thereof.
7. nlDIREPr E:K:PENSES
i It is further. agreed that DEVEIDPER shall pay to Cl'I'l!', prior to
execution of this AGREF.roim', ind.i:rect expense allocable to processing
these :impJ::ovement:s, the a:aamt as Set forth herein at Page 2 (Part D).
a. MM> alECKING FEE
It is further agreed that the DEVEIDPER shall deposit with Cl'I'l!', prior
to execution of this AGREF.roim', for office check:ln;r of final nap at1d
field check:ln;r of street l!alUlIIeIlI:.s, :In oompl1ance with sect.ian 4:1 of
ordinance No. 47 (Revised 12/04/61) of Cl'I'l!', the annmt as set forth
herein at Page 2 (Part I).
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9 • DEVEJ:Dl'MENr M.AJNTENlINCE: DEroSrr
It is :further agreed that the DEVEJ:DPER shall pay to the c::rr'i, prior
to execution of this AGREEMENT, the aJOOUnt set forth heJ:ejn at Page 2
(Part E) as a development mint:enance deposit to insure proper dust
control and clean.iIY;J during' the construction pericxl. '!he development
maintenance deposit may be utilized for repairs of defects and
imperfections arising' out of or due to faulty workmanship an:'I/or mterials
appearing' in said work during' the pericxl until release of the improvement
bon:Js by the c::rr'i. Should the DEVEIDPER COItFlete the required repairs to
the entire satisfaction of the c::rr'i, the unused balance will be returned
after the release of the ~ bon:Js.
10. S'D:ll'lM IllAIW\GE FEE
It is :further agreed that the DEVEIDPER shall deposit with the c::rr'i,
prior to execution of this AGREEMENl', a storm drainage charge in
connection with said Project in accordance with the requirements
established in Resolution 4422, March H, ]977, in the amount as set forth
herein at Page 2 (Part F) •
11. WA'lER MAIN EXTENSION DEroSrr
'!he DEVEIDPER :further agrees to deposit with the c::rr'i those monies
required. to comply with "Policy on Water Main Extensions work an:!.
Deposits" dated 9/30/77. '!he deposit shall be held by the c::rr'i until said t
m:mi.es are needed to implement improvements outlined by the Director of --
Public Works or improvements outlined within the adopted. Water Master
Plan.
The amount shown. heJ:ejn at Part X, Page 2, shall be the full aJOOUnt
due.
12. ONE 'iFAR lUlER a:sr
It is :further agreed that the DEVEIDPER shall pay to c::rr'i prior to
execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part G), which amount represents:the power cost for street lights for one
year.
It is :further agreed that the DEVEIDPER shall, at such ~ as deemed
appropriate by the City Er):Jineer, plant street trees in confo:cnance with
the stan:lards of the city of CUpertino. Variety of tree shall be selected
from the City approved list.
14. PllRK FEES
It is :further agreed that the DEVEIDPER shall pay such fees an:'I/or
dedkate such land to the c::rr'i, prior to execution, as is required within
"Park Dedication Ordinance" NulIIber 602, ]972, an:!. Tllhich is :further
stip.!lated under PartJ, Page 2 herein.
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14-.1.. PAR..'< r LE AOJw;::il!'ll:.."fl' l?l<OVLSIONS
'!he value of the lard use:i in establishinq the "Park Fee" outlined
herein on Page 2, l?art J, requires fo:cna.l confb:lnation. The CITY
shall employ a ~ified lccal appraiser to provide a markBt value of the
lard. The city will calOJlate the "Park FEje" l::ased on the appraisaJ.. 'Ihe
I:eve1oper agrees to pay for any deficiency' within th.i..rty. (30) days ard the
City agrees to refuni overage within thirty (30) days. Mjust:ments shall
be made prior to ~ of the sub:1ivision improIremmts.
15 • MAJllTENANCE OF l\i::lRK
It is furt.J.:ler agreed that the DEVE!J:ll'ER shall maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans ard the
City s"..ar:dards ard sp::cifications for the Work. The 0EVEI:.0l'ER shall, =n
writ""..en notice the...""eOf, i!llIlmiately repair or replace, withcut =t -or
obligation to the, City of CUp!!..>tino, ard to the entire satisfaction of
said c:::r:r'l, all defects ard imperfections arisirq out of or due to faulty
worklna:nship and/or Traterials apt:eariI:g in said Work.
16. SANITARY DIS'llUcr
It is further agreed that the DEVE!J:ll'ER shall file with CJ:J:'!, ur;:on
execution of this ~ I a letter from the O:lperti.r.o sanital:y Dis"..rict
stat.iI:q that t.'le 0EVEI:.0l'ER has e. .. ,tere::l into a saparate AGi'lEEMEh'T with the
said District to install sanital:y sewers to se..."'Ve all lots within said
.l?roject ard s"..ating that a b:ln:l. to insure fUll an:i fait:h.ful perfo:cnance of
the cons"...ruc"...ion of the said sanitary sewars ard to :insure maint.er.ance of
said sanitary .5e'Aer in conformance witl:! .. the provisions as sat forth in
Pa.-..-agraph 15 above has l::een filed.
17. GOVEBNMEN'l' o:JDE
It is :further agreed that DEVE!J:ll'ER shall file with CJ:J:'!, ur;:on
exeo.It:ion of t.J.:lis AGREEMENl', sub5:ta:rxtial evidence that all provisions of
Sec'"...ion 66493, J..rticle B, Chapter 4" of the Gc\I'e:r:t'lIIleI'!t cede, pertaj.nin;r to
sp::cial assassments or b:ln:is, have kEen =q;llied with.
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It is further agreed that: the DEVE!J:lPER shall file with the CJ!J:'l, upon
execution of t.J.:lis AGREEMENl', a letter from the Central Fire l?rotection
District of Santa Clara County, stJating that the IJEVEIDPER has entered
into an ~ with said District· to install fire hydrants to se:rve
said .l?roject ard stat.iI:q that all neceSsary fees have been deposited with
said District t.o insure installation ard five (5). year rental fee. of said,
hydrants. .
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It is :further agreed that: the IJE'JEI.OPER shall pay to Pacific GaS ard
Electric Conlf"'ny an:ljor to PACIFIC BELt. Cc!r(tlany any ard all fees required
for installat;ion of overhSad an:ljor 1.ll'lde:I:grcu wirirq circ:uits to all
e1ecb:oliers within said prq:erty ani any ard' all fees required for'
urrl~ as provided in Ottlinance No. 331 of CL'lY when OE.VEI:DPER is
notified by eit.lJer the City Erl:;!ineer or the Pacific Gas an:i Electric
ComparIy an:ljor PACIFIC m:rL Company that: said fees are due ard payable.
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20. FASEMENl'S ~ RrGRr-OF-WAY
It is further agreed that any easement an:i right-of-way necessary for
CClIIpletion of the Project shall be acquired by the DEIIELOPER at his own
cost an:i expense. It is provided, hCMeVer, that in the event eminent
domain proceedings are required by the CITY for the purpose of secur1nl
said easement an:i right-of-way, that the DEVELOPER shall deposit with CITY
a sum coverirg' the reasonal:lle market value of the lan:i proposed to be
taken an:i to be included in said sum shall be a reasonal:lle allCM<mCe for
severance damages, if any. It is further provided that in addition
thereto, such SUlnS as may be required for legal fees an:i costs,
engineer1nl, an:i other incidenI:al costs in SUCh reasonal:lle amounts as the
CITY my req)J..ire shall be deposited with the city of CUpertino.
21. HOID H1II<MIESS
It is further agreed that, c:ammencirg' with the perfOl:1t1anCe of the WOJ::X
by the DEVELOPER or his contractor an:i continuing until the CClIIpletion of
the mintenance of the Work, the DEVELOPER shall inle:mnify, hold harmless
an:i defen:i the CITY from an:i against any or all loss, cost, expense,
damage or liability, or claim t.hereof, occasioned by or in any way
whatsoever aris.iD;J' out of the perfomance or nonperfOl:1t1anCe of the Work or
the negligence or willful mi.scorxhJ.ct of the DEVELOPER or the DEVELOPER I S
agents, employees an:i :in:iepeOOent contractors.
22. INSOR!'!NCE
It is further agreed that: ~ DEVELOPER shall take out, or shall
req)J..ire any contractor engaged to perform the Work to take out, and
mintain at all times dur1nl the perfOImal'lC6 and maintenance of the WOrk
called £or or required to be done hereun1er, a policy of insurance naming
the CITY and l!Ie.lllbers of the City council of the City of CUpertino,
inlividually an:i collectively, and the officers, agents and employees of
the City inlividually an:i colle:ct:;ively, as insured. Said separate policy
shall provide bc:dily injury and property damage coverage to the forego1nl
named CITY and inliviCbm1 s coverirg' all the wo:t:k performed by, for, or on
behalf of said DEVELOPER. Eoth bc:dily injury and property damage insurance
lIl!.lSt be on an cx::currence basis; a¢ said policy or policies shall provide
that the coverage afforde:i thereby shall be primary coverage to the full
limit of liability stated in tlJe declarations, and if the city, its
members of the City Council :lh:iividually ani collectively, and the
officers, agents, cind· employees of the CITY, individually and
collectively, have other insurance against the loss covered by said policy
or policies, that other insurance shall be excess insurance only.
The insurance carrier shall provide proof of their ratings. All ratings
shall be a minimum of "Best A-7" in accordance with ABAG policies.
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A. Each of saiCl. policies of .insurance shall provide coverage in the
follcw.ln;r minilmlm amounts: For bodily inj1.11Y, $100,000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one occurrence with an aggLE,gate lilnit of nat less than $200,000.
B. ']he IEVEI.OPER shall file with the city Engineer at or prior to
the time of execution of this ~ by the IEVEI.OPER such evidence
of said foregoing policy or policies of .l.nsur.u¥::Ie as shall ):)e
satisfact:ol:y to said City Engineer. Each such policy or policies shall
!:lear an endorsement prealuding the ean::ellation or reduction in
coverage without givirg' the City Engineer at least ten (10) days
advance :notice thereof.
C. In the event that the P.roject covered herein should ):)e mutually
situated in or affect the area of jurisdiction of a separate
nrunicipality or political subdivision of the state of califomia, the
policies of .insurance required herein ani alxlIre shall co-name such
municipality or political subdivision ani the provision set forth
herein ani alxlIre for the protection of the CI'lY shall equally apply to
municipality ani political subdivision.
23. Ml'IPS AND/OR ~ PIANS
It is further agreed that the CI'lY shall obt;ain the follow::in; llBP
and/or plans at the IEVEI.OPER'S expense:
A. A mylar sepia ani seven (7) prints of fully execut:sd patt:elllBP.
B. A ~lar sepia ani ten (10) prints of fully executed ~
plans.
C. A direct duplicatirg' silver negative microfilm aperature card of
all execut:sd ~ plans ani lllap.
'!be IEVEI.OPER agrees to pay the CI'lY ftam the developnent. maintenance
deposit the cost for all prints of:plans ani:map required under Item 23.
24 • stJCCFSSO.RS
This AGREEMENT shall !:lind ~ the hsi:rs, administrators, executors,
sumessor, assignee ani ~ of the m.'ITEIOPER. ']he ~ of
this ./lGREIilIlEm' shall not ):)e :made jwithcut ag;n:oval by the city eounail of
the City of 0Jpertin0. .
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(Partnership) •
State of California,
'. County of San!:a Clara
) ) ss.
On this 14· day of . Sep'tember ,I' 88, before me, c. A. Pier't
, personally appeared Saied Saraydarpour
, personally known to me (or praved to me 011
the basis af satisfactory evidence) to be the person who executed this instrument, on behalf
of the partnership and acknowledged ta me that the partnership executed it.
(SEAL)
C. A. PIERT
NOTARY . PRINCIPAL. OFFICE IN
SANTA CL.ARA COUNTY Notary Public in and for the 1~::~~c~:ml:"~~~n~~~~2B~.I:~~a C f ounty 0 San'ta clara
State of California
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m Wl'l'NE"lS Wf!EREX)F I CITY has caused its name to be hereunto affixed by
its Mayor am City Clerk, thereunto duly authorized by resolution of the
City COUncil am said DEVEIOPER has hereunto caused his name to be affixed
the day am year first above witten.
City Attorney-
Notary Ack:ncwledgment Required
Exhibit A Attached
(Rev. 5/9/86)
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CITY OF ClJPERI'lNO:
~ = /'
TRUCK INSURANCE EXCHANGE
CERTIFICATE AS TO EVIDENCE OF I IRANCE
THIS IS NOT AN INSURANCE POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAy AMEND, EXTEND OR ALTER THE
COVERAGE PROVIDED BY THE POLICIES LISTED BElOW.
Named
Insured KIYOUMARS NADERZAD AND FIROUZEH NADERZAD
~ND SAIED SARAYDARPOUR A SINGLE MAN
(HW) 60061 50 62 Address
~'. 150 E. CAMPBELL AVENUE
CAMPBELL, CA. 95008 Agent
Policy" -Gen. Uab. 96 90 39A
Policy II -Auto Llab.
Policy If· CARGO
This is to certify thaI policies for the above named insured are in force as follows:
OWNED
AUTO-
MOBILES,
IF
COVERED
Policy" -Work Compo
This Interim Certificate As To Evidence ~8nsurance shall expire sixty days from 12: OJ A M.,
9-16 , 19 __ , unless cancelled prior to such date by written notice fo the named insured.
[XI .... Please issue a Permanent Certificate
COVERAGE COMBINED LIMITS OF LIABILITY
COVERED NOT AUTO COVERED LIABILITY D D Owned Bodily Injury $ ,000 each person
0 D Hired $ ,000 each occurrence
D 0 Non-Owned Properly Damage $ ,000 each occurrence
D 0 Employer's Non-Ownership
Conlingenl liabilily
Single limilliabilily for Coverages checked lXI above $ ,DOD each occurrence
GENERAL LIABILITY $ M&C -OLT Bodily Injury ,000 each person * •
{ Owners & Conlraclors $ ,000 each occurrence
[Xl 0 Contractual. $ 000 annual aggregate
Elevators $ , products •••
Properly Damage ,000 each occurrence D []. Products and/or $ 000 annual aggregate
Completed Operations • producrs •••
Single limit liability for Coverages checked IXI above $ 1 ,000 ,000 each occurrence
$ 1 ,000 annual aggregare
,000 products •••
D 0 CARGO $ ,000 each vehide
$ ,000 each occurrence
0 D WORKERS' Sialulory COMPENSATION .. * Includes Goods or Products Warranty, Written Lease of Premises, Easement Agreement, MUniCipal Ordmance
Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless occomponied by
specific endorsement providing additional Contractual Coverage.
D Desc,ibed D OeKriplion I below WOlVed
YEAR. MAKE, TYPE OF BODY. LOAD CAPACITY
10411 TULA LANE, CUPERTINO, CA.
__ --,====,-___ Umbrella liabililY
POLICY NUMBER
95014
IDENTIFICATION NUMBER
$ _____ ,000 reloined limit
LAST 3
DIGITS
SHOWN
$ each occurrence
$ aggregate
If this Interim Certificate As Ta Evidence Of Insurance is to be cancelled prior to the expiration date, we shall
pravide 10 days advance notice in writing to whom this certificate is issued. IT IS HEREBY AGREED THAT THE CITY OF CUPERTINO AND ITS REPECTIVE OFFICERS, AGENTS AND
EMPLOYEES ARE NAMED AS ADDITIONAL INSURED FROM AND AGAlnST-ANY CLAIMS, LOSS LIABILITY
Ceni/ica.e issued '0: COST OR EXPENSE ARISING OUT OF IN ANY WAY CONNECTED WITH THE CONSTRUCTION
Nom. OF THE PROJECT. THIS COVERAGE SHALL BE PRIMARY AND
And ·CITY OF CUPERTINO ANY COVERAGE CARRIED BY ADDITIONAL INSURED SHALL BE
Add,." '10300 TORRES AVENUE .
'CUPERTINO, CA. 95014 EXCESS INSURA~ILI ONLY. _.r\ ~ ,/ _ n
Countersigned rY\.rt'~, I \:9i ~ ~ ~ulhorized Represenlalive •• Nol Applicable in Texas .
••• In Texas Ihe aggregate also opplies!o owners and contractors prorective. conrrocluol and/or complered operorions.
56-05144·87 11261 W/200 C/1200 PRINT EO IN U.S.A, ® M
CALIFORNIA State of
} ss. SANTA CLA:RA County of .
~ It""":~~~~~""'f !! ~ a NOTARY PUBLIC -CALIFORNIA
SANTA CLARA COUNTY
My Comm. Expires June 9, 1989 j~~~~
flARTNEFtSHIP ",-CKHOWI.EOGMENT FOAM 7130052
On this the..4t!L day of ________ Oc=t.:::o.::be=r ____ 19 88 ,before me,
LINDA L. STINSON
the undersigned Notary PubliC, personally appeared
SAlED SARAYDARPOOR
o personally known to me
:;g: proved to me on the basis of satisfactory evidence
to be the person(s) executed the within Instrument on behalf of the
partnership. and
WITNESS mv..h.tt\8":
NATIONAL NOTARY ASSOCIATION. 21012 Ventu'a 91\'11 .• WOod!snt;1 Hills, CA 91364
STATE OF Californi.a -}
santa Clara } ss:
County of }
On this 14 day of ______ .... 19~. before me S.1aII t::e.mbBJ':
Joanne Mauseth _~ ___ • a Notary Public.
Christie Pi.ert personally appeared personally known to me (Dr proved to me on the
basis of satisfactory evidence) to be the Attorney-in-Fact of the Transamerica Premier Insurance
Company and acknowledged to me that he subscribed the name of the Tran.america Premier Insurance
Company thereto and his own name as A ttorney-in-F: t.
Santa Clara • State of Ca1iforni.a
•
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Bond No. TPI 779889
premium: $i50.00
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, TULA ESTATES. A GENERAL PARTNERSHIP
as Principal and Transamerica premier Insuranoe company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
,in the sum of Five Thousand -------------------------------------Dollars
($ 5,000.00 **"****** ) lawful money of the, United States, for the paymenl:
of which will and truly to be made, we bind ourselves, our heirs, executors,
successor" and assigns, jointly and severally, firmly by these presents.
THE CONDITION' of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated _____________________ ,
with the Obligee
to do and perform the foliowing, work to-wit;
Street Improvements
NOW, THEREFORE, if the said Principal shell well and truly perform the work
contracted to be performed under said contract, then this.obligation shall be
void; otherWise to remain in full force and effect. ; .
IN WITNESS WHEREOF, this instrUment has been
and Surety this 14 day of September
duly executed by the PrinCipal
, 1.9~.
(To be signed by Principal
and Surety and acknowledgment.)
Transamerica Premier Insurance Company
By: sur{V,~ i;,
.. ~ iSYe:ie:P;o~t!yJ:if-E'act
~--.. '
" ,
The above bond is accepted and approved this ____ ~day of ________________ , 19 ___ ,
'. Bond No. TPI 779889
Pr~um, Incl. in perf. ilond
LABOR AND MATERIlIl. BOND
,KNOY ALL MEN BY THESE PRESENT:
WHEREAS. the City of Cupertino. State of Californ:J.a. and
TULA ESTATEs. A __ GENERAL PARTNERSHIP
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation. construction. and erection by
Principal of certain improvements more particularly described in said contract:
and incorporated herein by reference.
WHEREAS, said 'Principal is required to furnish a bond in connection with
sail! contract. providing that if said Principal. or any of his or its sub-
contractors" shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted ,to be done, or for any work or labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set forth;
NOY, THEREFORE, we, the PrinCipal, and Transamerica premier Insurance
Company
as Surety, firmly bind ourselves. our executors, administrators, successors
and 'assigns, jointly and severally., unto the City of Cupertino. and any and
all materialmen, persons, companies, or corporations furnishing materials.
provisions, provender or other supplies used in. upon, for or abut the perfor-
mance of the aforesaid work c,ontracted to be executed or performed under the
contract hereinabove mentioned. and incorporated herein by reference, and all
persons. companies or corporations lending or hiring teams, implements or
machinery. for or contributing to said work to be done, and all persons who
perform work or labor upon the same" and all persons who supply both work and
materials. whose claim has not been ~aid by Principal or by any other person,
in the just and full sum of Five Thousand Dollars -----------------------
_________________________________________________ ($ 5,000.00 ****** ).
THE CONDITION OF TRIS OBLIGATIO!" IS SUCH THAT if said Principal. his or
its subcontractors. heirs. executors. administrators, successors or assigns,
shall fail to pay for any materials. provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done. or for any york or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, or any and
all damages' arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond. such reasonable
attorney's fee as shall be fixed by the court.
This bond shall inure to the benefit of any 'and all persons, companies,
, and corporations entitled to file clailllS under Section HS4.1 of the Code of
Civil Procedure, so as to give a right of ~ction 'to them or their assigns in
any suit brougnt upon this bond.
..
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State 01 CALIFOBNIA
SA.l'UA CLARA ____ } SS. County of
!' rl) ... ~~.~ ...... ~O;€FFt:'1r~CIA~L':;'SE~AL~~
.!! ! .. LINDA L STINSON ~ R . . NOTARY PUBLIC· CALIFORNIA
: ' SANTA CLARA COUNTY
"0-"" My Comm. Expires June 9, 1989 ] a ~~~~;;.;::.;;,;;~
U Ii
"
PARTNeRSHIP ACKN'OWlEOGMENT i='ORM 1130 ~
On this the4th day of _.::Oc=t::::o:::ber= _____ 1~8 ,before me,
LINDA L. STINSON
the undersigned Notary Public, personally appeared
SAIED SARAYDARPOUR ----~=
o personally known to me
XKl proved to me on the basis of satisfactory eVidence
NATIONAL NOTARY ASSOCIATION. 23012 VenturI: Siva: •• WooolnnG HlIIlJ, CA 91364
) ss:
County o/.-:s:.:,,:.:n.:ct:..:a:....,;c:..:l:..:a:--x...:a,-__ )
On this ____ ~,:l,,4'-_~ __ -Cldjay ol ____ s.;..;ep'-'tembex 19~. bel ore me
Joanne Mauseth ________________ ~ _______________ • a Noto.ry Public.
Christie piert personally appeared personally known to me (orproved to me on the
basis 01 satislactory evidence) to be the Attorney-in-Fact 01 the Transamerica Premier Insurance
Company and acknowledged to me that he subscribed the name 01 the Transamerica Premier Insurance
Company thereto and his own name as Attorney-in-Fact.
30272
eJem;:UU:C:~CDI!!tl1:utl!;"IU'mllllll.'llri Ii ~ JOANNE MAUSETH 5 '-:::=:Ffi.?Ll:!-L,JLLLI?--c'-:--'--:~,..L,w,t.!?-UL-
i~~ NOTARY PUSLIC.c,\LlFORNIA§"
!l \.~. . PRINCIPAL OFFICE IN 5 __ s_a_n_t_a_C_l_a_r_a __ • State 01 California ~ ~ SANTA CLARA COUNTY !!! -. § My Commission Expires May 17. 1991 =: &.\U'crman·!:r'*~rnI1lJAAtN.,tmarmzDnwullf.lHI:I2i: .. D
•
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Labor and Material Bond Page 2
And the said Surety. for value received. hereby stipulates, and agrees
that no change. extension of time. alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change. extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this l4 day of September • 19_8_8 __
(To be signed by Principal
and Surety. Notary
acknowledgments required.)
By:
Transamerica Premier Insurance Company
lri: at/xJ.u£l Christie Piert, Attorney-in-Fact
\ The above bond is accepted and approved this _____ ,day of
_________________________ , 19 ___ •
6/17/85
. . .,r !~~~n~~~~!~~a Transamerica Premier Insurance Company
Adtni!listralMl Qllice Irvine. Cttllf(!mla
GPA N2, 1230
Power of Attorney valid oniy if numbered in red. aeneral Power of Allorney
--_ ...... _ ... _------------------------------
Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the
'State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and
appoint ..... __
CHRISTIE PIERT
-~"."'.L.J,I..\L,"'----------,_____c....~-~.......:~--and State its true
and lawful Attorney(sj·in·Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
coN:'rRAcT BONDS (S.B.A: Guarantee Agreement) -MAXIMUM PENALTY $250.000.00
__ --L!A""LL'-"-OT!.!.!HER BONDS -MAXIMUr4 PENAl.TY $10 ,000 , OOm mm __ ..... m ••••• __ _
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER UFECT AFTER DEC~i4BER 31. 1'C:"988~11-~ __ _
____ •••••••• __ m ___ _
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal olthe
Compimy and dulV attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)·in·Fact may do in the premises. Said
appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance
Company. at a meeting held on the 12th day of June, 1984,
"Be k Resolved, that the President. any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and
authority to appoint anyone or more suitable persons as Attorney(s)·in·Fact to represent and act for and on behalf of the Company subject to the
following provisions:
"Section 1, Attorney-in-Fact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute,
acknowledge and deliver, any and all bonds. recognizances, contracts, agreements of indemnity. consents of surety and other conditional or
obligatory undertakings and any and all notices and documents canceling or termina!ingthe Company's liability thereunder. and any such instruments
so executed by any such Attorney-in-Faci shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate
Secretary. "
In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its ..... .
_-:::-;--;-_____ -:::-:::-_________ and its corporate seal to be hereto affixed this
October .~ A,D .. 19..Q8L7 ____ ~"""' __
President
_-=2ccn.=.d ___ dayof
State of California
} ss,:
County of Orange
On this 2~n~d __ October _____ , in the year 1987 before me
__ ~=r__rr~"==-------------' a notary public. personally appeared _ ..... ~ ..... _____ ----==-*.::c:::rr "-;----------, personally known to me to be the person who
executed the within instrument as , on behalf of the corporation therein named and
a ckn owl all!je~''I~';IOO,#IIll''I~ll''li ~1'1l~rlllion"~~e~ll!l!'d'i1:"'~ il ., OFFICIAL SEAL ~
~ JOAN EAGLEN ~ i NOTARY PUBUC ~ CALIFORNIA ~
~ PRINCIPAL OFFICE IN ~
E ORANGE COUNTY g[ ~ My Commission Expires July 15. 1988 ~ ~
lrmmmmum;;mUmllUu\ltllIlIllIdW:WII'I'!IIl!InlmmUUmmmlmmlllmlllltmnrmm
I. the undersigned Secretary olTransamerica Premier Insuran,ce Company hereby certify thatth VB and foregoing is a full, true and correct copy of
the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power 01 Attorney is still in lorce and effect
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by lacsimile under and by the autf\ority of the
following resolution adopted by the Board of Directors 01 the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th
01 June. 1984, and that said resolution has not been amended or repealed:
"Resolved. that the signature of the Secretary or any Assistant Secretary 01 this Corporation, and the seal of Corporalion, may be affixed or printed by
facsimile to any certificate to a Power of Attorney of this Corporation. and that such printed facsimile signature and seal shall be valid and binding
upon this Corporation."
GIVEN under my hand and the seal of said Company, this ____ 1::;.:;:4 _______ day 01 september
19 88
THIS POWER OF AlTORNEY EFFECTIVE ONLY IF
AlTACHEO TO BONO NO, TPI 779889
30024A
Secretary
10-85