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89-114 Rancho San Antonio Retirement Housing Corporation, Agreement II Forum Cristo Rey Drive, traffic signal Foothill/Cristo Rey Drive/Starling, Resolution No. 8158f 10300 Torre Avenue j Cupertino, CA 95014"3255 Telephone: (408) 252-4505 FAX: (408) 252-0753 ) .. DEPARTMENT OF THE CITY CLERK July 16, 1990 Fonnn Lifecare, Inc. Citlf of Cupcrtitto 'Iho.mas J. Pence, Project Development Manager P. 0. Box 40498 Indianapolis, Indiana 46240-0498 P.O. Box 580 Cupertino, CA 95015-0580 AGREEMENT II BEIWEEN THE CITY OF CUPERI'INO AND RANCHO SAN ANIONIC RE:rIREMENT HOUSlliG CORroRATION We are enclosing to you for your files one (1) copy of the Agreement by and between the City of CUpertino and Rancho San Antonio Retirement Housing Corporation, A california Nonprofit Mutual Benefit Corporation, which ha.s been fully executed by city Officials, along with one (1) copy of Resolution No. 8158, which was enacted by the City Council of the city of CUpertino, at their regular meeting of Monday, July 2, 1990. Sincerely, =·~~ CITY CLERK CITY OF a.JPERI'lliO DC/so encl. cc: Deparbnent of Public Works RFSOWrION NO. 815 8 A RFSOIIJTION OF '!HE CITY ro:JNCIL OF 'IHE CITY OF aJPERI'INO AUIHORIZING EXECUI'ION OF AGREEMENT II BEIWEEN 'IHE CITY OF aJPERl'INO AND RANCHO SAN ANIONIO REI'IREMENT HOUSING CORPORATION, A CALIFORNIA NONPROFIT MU'IUAL BENEFIT CORPORATION I CRIS'IO REY DRIVE FORUM PROJECT WHEREAS, the City Council, on April 2, 1990, authorized the execution of agreement between the City of CUpertino an:i Rancho San Antonio Retirement Housing Corporation, a califomia Nonprofit Mutual Benefit Corporation, in conjunction with Forum Fhase I; an:i WHEREAS, there has been presented to the City Council "Agreement II" between the City an:i Rancho San Antonio Retirement Housing Corporation, a califomia Nonprofit Mutual Benefit Corporation, which agreement shall supersede the original Forum fbase I agreement; an:l WHEREAS, the provisions of "Agreement II" having been approved by the city Attorney, an:l the Developer having paid the fees as outlined in the attached Exhibit A; NOW, 'IHEREFDRE, BE IT RESOLVED that the Mayor an:l the city Clerk are hereby authorized to sign the aforementioned "Agreement II" in behalf of the City of CUpertino. PASSED AND AOOPIED at a regular meeting of the City council of the City of CUpertino this 2nd day of July , 1990, by the following vote: Vote Members of the City Council AYFS: Goldman, Koppel, Sorensen, Szabo, Rogers NOES: None ABSENT: None ABSTAIN: None ATI'FST: APFROVED: Isl Dorothy Cornelius City Clerk Isl Barbara A. Rogers Mayor, City of CUpertino RFSOI.IJI'ION NO. 8158 EXHIBIT "A" SCHEDJLE OF :OOND, FEES I AND DEFOSITS DEVEI.Di::MENT: REI'IREMENT HOOSING RANCHO SAN AN'IONIO REI'IREMENT HOUSING CORPORATION LOCATION: CRIS'IO REY DRIVE *A. Faithful Performance Bond: on-site Inprovements: $1,341,676 Off-Site Inprovements: $1,201,529 Water: $1,115,419 THREE MII.LION SIX HUNDRED FIFI'Y EIGHI' THOOSAND SIX HUNDRED AND 'IWENTY RXJR AND 00/100 OOL!ARS *B. Labor an:1 Material Bond: on-site Inprovements: $1,341,676 Off-site Inprovements: $1,201,529 Water: $1,115,419 THREE MII.LION SIX HUNDRED FIFI'Y EIGHI' THOUSAND SIX HUNDRED AND 'IWENTY RXJR AND 00/100 OOL!ARS $3,658,624.00 $3,658,624.00 *C. Checking an:1 Inspection Fee: $ 182,931.00 ONE HUNDRED EIGHI'Y nK:> THOOSAND NINE HUNDRED 'IHIRI'Y ONE AND 00/100 OOLIARS *D. Indirect City Expenses: $ 27 ,440.00 'IWEN'I'Y SEVEN THC:USAND RXJR HUNDRED FORIY AND 00/100 OOL!ARS E. Developoont Maintenance Deposit: THREE THOOSAND FIVE HUNDRED AND 00/100 OOL!ARS F. Stenn Drainage Fee: SIXTY NINE THOOSAND SIX HUNDRED Sncr'Y' AND 00/100 OOLIARS G. One Year PoWer cost: nK:> HUNDRED S:rx.rEEN AND 00/100 OOL!ARS H. Street Trees: I. Map Checkirg Fee: $ 3,500.00 $ 69,660.00 $ 216.00 By Developer N/A ' RF.SOIIJTION NO. 8158 J. Park Fee: $ 478,500.00 FOUR HUNDRED SEVENTY' EIGEf.I' 'IHOOSAND FIVE HUNDRED AND 00/100 OOLI.ARS K. Water Main EXtension Deposit: L. Maps andjor IJrprovement Plans: N/A As specified in Item 23 of Agreement M. Traffic Signal Reimbursement: ($ 43,647 .33) FORI'Y THREE 'IHOOSAND SIX HUNDRED FORI'Y SEVEN AND 33/100 OOLI.ARS CREDIT 'IO *Exhibit 'D' of agreement delineates amounts previously paid and bonded 05/15/90 09:15 4082555312 FORUM LIFECARE A G R E E M E N T II Forum Cristo Rey Drive (SUpersectes Agr~ for ~ .. #1) PAGE 02 '!his .~ made arrl .entered. into this /& fk day of · WI i4-Y , 19 C/O , ·by am ootween · t:ne CIT¥ OF o:JPERI'INO, a municipal corporation of the state of california, hereinafter designated as CITY I and RANCHO SMI ANTONIO RE1'IREMENT HOUSING OJRPORATION, A CALIFORNIA NONPAJFIT MtJIUAL BENEF'.t'r ~TION W I T N E S S E 'l' H 'WHERFA'3, '!HE DEVEtOP:ER has nade application to the CIT'i '., ' to construct A 54. 0 LIF'.Ex::A:RE ~ O'.:l'1MUNI'l'. mNSifil'lNG OF 319 UNITS OF INDEP&IDENr HOUSING AND A 17 4 UNIT HEAI.IIH CARE FACILITl'. herinafter referred. to' as as "Project". WHEREAS, IBIS AGREEMENl1 SUPER.SIDES nIAT CERTAIN AG.REEMENr DATID 4/02/90 BY & BE'IWEEN 'IHE PJ\Rr:IES HEREIN AOOVE. 'WHEREAS, CITY hereby approves the ~t plans and specifications prepared for the .. Project by BRIAN I KANGAS, FOULK INC. FOR ALL " ' IMPOOVEMFNI'S a true copy of which improvement plans and specifications are on file in the office of the City Er¥;Jineer of CUpertinoi an:l said Plans & Specifications are for all offsite Public J'.mprovernents and on site public and private inpr~ts. I WHERFAS, the same are incmp:>rated herein by kefer~, the same as though set out in full; NCM, 'IBEREFORE, said .improvement plans arrl specifications shall be hereinafter called the "Plans"~ and the work to be. done un:Ier t.he Plans shall oo called the .. work". 1 )'.}5/15/90 09: 15 4082555312 FORUM LIFECARE PAGE 03 ' Wf'IERFJ\S, pursuant to the provisions of this AGREEMENT, the CITY hereby established th,e am::iunts of Bori:ls, Fees, a.rd. 'Deposits as set forth in the following" schedule: SCHEDULE OF lnIDS, FEFS AND DEPOSTI'S PHASE l-Public water System Improvetoo:nts & on & off-site Improveioonts as outlined un:ler & with:in Fat'agrai:h 13. *PW A. Fa.i;thful Performance Bord: ·· On-Site Improvements: ~l,341,676 Off-Site Improveirents: $1, 201, 529 Water: $1,115,419 THREE MILLION SIX HUNDRm FIFT'i EIGH!' 'llKXJSAND SIX HUNDRED AND 'J:WEN1.Y FOUR~ AND N0/100 *PA.RI' B. labor a.rd Material Bord: on.::.site Ilnproveloonts Off-Site Improvements: Water: $1,341,676 $1,201,529 $1,115,419 . '1HREE .MILLION SIX HUNDRED FIFTY EIGfr '!HOUSJ\ND SIX Hl.1NDRFD AND '!Wm!¥ FOUR OOIU\RS AND N0/100 *PAR!' c. Cl'lecking and Inspection Fee: ONE HUNomD EIGHrY IIWJ 'nJou:sM.ID NINE HUNDRID AND: 'Iliim¥ ONE OOLT.J\RS AND N0/100 *PARr D. Irdirect City Expenses: $3,65$,624.00 $ 182,931.00 'IWENI"l SEY.EN THOtTS1\?ID F.tXJR HUNDRED FORIY OOUAAS AND N0/100 $ 27,440.00 PAR!' E. Development Maintenance Dep:>Sit: rnlREE '!'BOUSAND FIVE HUNP:ruID OOLIARS AND N0/100 PARI' F. storm Drainage Fee; : SIXTY .NINE 'IHOUSAND SIX HUNDRED SIXff tOI..I.ARS AND N0/ 100 PART' G. One Year PCJ...rer Cost: 'lW:> HUNDRED Sim'EEN OOLU\RS ANO N0/100 PAR!' H. street Trees: By Developer PARr I. Map. chedd .. rq Fee: P.n.ro' J. Park Fee! FOUR HUNDRm SEV'EN.IY EIGffr IJHOUSAND FIVE HUNDRED OOLIARS AND N0/100 PARI' K. Water Main Extension Deposit: PARr L. Maps a,rrl./or Il)lprovernent Plans AS Specified in Item #23 PAR!' M. Traffic Signal Rei.rnWrsement: FORI'Y 'IHREE 'IflQUSl\ND SIX HUNPREn FORI¥ SEVEN OOLI.ARS AND :33/100 CREDIT 'IO FORUM ; I *EXHIBIT 'D1 Delineates A1oounts previously paid & oondOO. 2 $ 3~500.00 $ . 69,660.00 $ 216.00 N/A $ 478,500.00 N/A @ Cost $ (43,647.33) ,05/16/90 09: 15 4082555312 FORUM LIFECARE PAGE 04 NCW, 'l1lER11:Ft:>RE, IT IS HEREBY MUI'UALLY AGREED by arrl between the · · partioo· hereto as follcms, ro WIT: . . ..... . . 1. DEDICATIOO . ·~. 'Ihe : DEVa,OPFl{ offers to de:ilcate the. ·real . property .shatm on EKhibit '*A'', which is att:aciled hereto an:i made a part het'OOf by reference. said dedicated property shall be free ruu clear of all liens or encumbrances except th~ VJhich. t.he ClTY shall waive in writing. '!he DEVEI..OPER agrees not to re~e. .~.:i,d of:f"i!t' of de(lioatian, and to keep said offer open until the CITY accepts offer by resolution. B. t1p)rl execution of this AGREEMml' the DEVErDPER agrees to deliver a properly executed .grant deed. to the . crn · .of the real property described. in EXhibit "A", and such other executed conveyances, or ~t.s necessary to carwey clear title as herein required. i:the D:E:VEWPER shall provide, at the DE."VEI.OPER'S sole cost a.rd ~' to the. City: (1) A preliminary title report issue:l by a title insurance company relatin;J to the property .. offered fm: dedioati~. (2 · A· ~ :p:>licy of title · insUran::.e issUed. ·bY · ·~i· ·title insurance o:.trq?anY ao1 insurin;J the c:tTY in the sum of: N/A, arrl which shall show said property free an:l clear of all liens or encumbrances except those as the crrv shall ruq::iressly waive in writing; !:la.id policy shall be furnished at the time of acceptance of dedication Md :cecordatian of deed. c. Upon the oorrlition prece:lent that the OEVEU1PER shall perform each an:1 every covenant arrl oordition of this AGREEM.ENl', the CITY agrees to accept said real property offered for dedication. 2. INsrAL!ATION OF ~ It is fUrt::her agreed that: A. ~e· DEVEIDPER 'shall inst.all arrl c.onplete the Work within one (1) year from t.he date of execution of this ~, or such lQnJer period a!;. ·lM.y bi? spe::if"ically authorized· in, writ.irg by the City Erqineer. In the event the DEVEWPER fails or refuses to complete the Work within the specifie:i period of time, the CIT'i, at its sole option, shall be authorized to complete the Work, the crrv ney rect)ver any and all costs incurred thereby from the DEVELJJPER or the DEVELOPER'S surety or both. B. The DEVELDPFR shall install arrl complete the Work in a good arrl 'WOrknlanlike manner in accordance with the plans as approved by the city Engineer ·of C.\lpertino. '!he work shall· be done in accordance with existifB ordinances arrl reoolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, ard grades approved by the City Ehgineer. 'the Work shall be done in acc.ordance with all state anCl Colu1ty statutes applicable hereto. 'llie decision of the City Erqineer shall be final as to whether any material or workmanship meets the standards, si;ecifications, plans, sizes lines and grades as set forth. 3 '05/16/90 09: 20 4082555312 FORUM LIFECARE F'AGE 01 c. It is further agreed that the Work stmli be done 'iri' a~ with the JOC>St current stardard Specifications of the Departnent of Public Works, California Department of Transportation, state of Cdlifornia, ard. in acxx>rdance With the specifications Of the CUpertino Sanitary District Where applicable. The work shall also be done in ac.cordance. with current 1\WWA stan1ards where applicable. Wherever the words ttstate11 or ••C'alifornia Di vision of Highways" are :mentioned in the state Specifications, it shall be considered. as referr'ing to the CI".N of CUpert.i.no; also \.Jherever t.he "Di.rector" or .. Director .. of Public works0 is mentioned, it shall be considered, as referring to the city Ergineer. · · · · · In case of conflict between the State specifications ~ the specifications of the. cr.t¥, the specifications of the cuY shall take precedence over an::l.te used in lieu cf such conflictirq portions. 3 • , BONDS· AND OIHER SEXl.JRI'I¥ A. Upcln the execution of this AGREEMENI'; the DE.VELOPJm. shall file with the CITY a fa.ithful perfonnanoo borrl to assure his full an:i faithful performance of this AGREEMENT. 'Ihe penal sum of said faithful performanc.e bard. shall be the full cost of any payment to be made under this 1\GREEMENI', the value of any lard agreed to be dedicated, and any improvert'ents are to be made un:l.er this AGIIB'EM:ENr. In the event that i.nprovements a.re to be made under this AGREEMENI', the, DEVELOPER, sha.11, in addition to said faithful perfonnana::!1 file with the ClT'i a labor an:i natm-ials b:>rrl in a sum adequate to assure full payment of all laOOr and. materials required to cons.t:ru.ct said illprovenents. '!he mrount of said torrls shall be as designated by t.he City El1gineer. Said bon:1s shall .be executed by a surety canpany authorized to transact a surety l:usiness in the state of califomia an:l :must be approved by t.he City Attorney .as to form arrl by the city Ergi.neer as to sufficiency. ln the event that the DEVJW.)PER shall fail. faithfully to perform the rovena.nts and oorrlitions of this AGREEMENr, or to :make any payment, or any dedication of limd, or any i.mprovernents he:c~in requiroo, the CITY shall call on the surety to perform this AGREE:ME!l>lr or otherwise i.n:U:mltrify the CTN for t.he DE'VEWPEEV s failure to so do. B. In lieu of a surety lx>rrl., the DEVEr.bPm mqy elect to s0:.iure this AGREEMENT by depositing with the CI'I't': 1. cash; or, 2 • A cashier's check, or a oertif iEd dleck payable to the oroer of the City of CUpertino: or I . 3. A certificate of dep:eit, or i.nstrl.ll'oont of crOOit meeting the requireioonts of Gove:r:tment Cede Section 66499 (b) or (c). c. '!he azrount of said cash, chacks, certificate of deposit, or instrument of CTed.it shall oo as designated. by the city F.rgineer, arrl shall be the equivalent to that which would have been require:.i had the DEVELOPER furnished the CITY with a surety' b6frl. Ih the event that the DEVEU:IPER shall fail faithfully to perform the covenants a.rrl conditions o.f this AGREEMENT, or to make any pa.ynmt, or any dedication of lahl, or any improve:rrents herein rEqrired, the CITY may apply the prcx::eeds of said security thereto. 4 \J5/15/90 11: 14 4082555312 FORUM LIFECARE PAGE 02 o. No release ot surety bond, cash de}:X)Sit, check, or certificate of cteposit, shall be made except \.l{X)n awroval of the city Council. E. No interest shall be paid on any security deposited with the CITY. 4. CHE0<INC AND lNSPIOC.TION FEE· It is further agreei that DEVEWPER Shall pay any arrl all necessary direct expenses for inspection, cheeking, etc. , incun:'ed by CIT'l in connection wit.h said Project, an:l that DEVEtOPER shall have deposited 'W'ith· crT'i, prior to execution of this l\GREEMENT, the anount as set forth herein at Page 2 (Part c.) . Should construction cost vary materially from the estimate from Which said sum is calculated., the City .En;Jineer shall notify OE.VELDPFR. of any additional smn due arrl owing as a result thereof. 5. INDIREC'.I' EXPENSES It is further agreed that DEVELOPER shall pay to CITY' prior to mcecution of this ~, in:lirect expense allocable to processi.n] these inprovements, the runount as set forth herein at Page 2 {Part D). 6. DEVEr.DPMENI' M"A.INTENANCE DEOCISIT It is further agreed that the DEVElDPER shall pay to the Cffl, prior to execution of this .l\GREF.MENr, the anPUnt set forth herein at Page 2 (Part E) as a developrent maintenance deposit to insure proper dust contml and cleanirq during the oonstruction perioo. '!he developoont maintenance deposit may 00. utilized for repairs of defects an:i inparfections arising out of or due to faulty workmanship a:rrl/or materials appearirq in said work durirg" the ptricxi until release. of the .ilnp:coverrent borrls by the CIT'{. Should the DEVELOPER COl'ilplete the required. repairs to ttw entire satisfaction of the CIT'l, the ~ balance will be returned after the release of the improvement bonds. 7. ~CE OF WJRK It is further agreed that the DEVEWPER shall naintain the Work until all deficiencies in the work are oor:rected to conform to the Plan<.:: ani the. City. starrlards ar¥l Specifications for the . Work. -:the .. DEVELOPER shall, upon written notice thereof, ~teiy repair or replace, without coot or obligation to the City of eupertino, aoo. t.o the entire. satisfaction of said CIT'l, all defects arrl i.nparfections arising out of or due .. ·to faulty worklianship · a:rd/or · mat:E.:!ria,ls . appearing in said Work. 8. SANITARY DISI'R!Cl' It is further a9reai that the DEVELOPER Sha.ii. file with CITY, upon execution of this AGREEMENr, a letter from the CUpertino sanitary District stating that the DEVELOPI!R has entered into a separate .AGREEMfN'r with the said District to .inst.all sanitary sewers to serve all lot;:s .... within said Project am stat.irq .that a borrl to insure full and faithful perf~ of the construction of the said sanitacy sewe.rs arrl to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 7 above has be?n filoo. 5 05/15/90 10:49 4082555312 FORUM LIFECARE PAGE 02 9. G0VERNMENr CODE It. is. 'f\.lrther, agreed that DEVEloPER.. shall· file with CflY, .upon executJ.on of this ~, sllbstantial ev.idence that all provisions of Section 66493, Article a, Chapter 4 of the Cover:rutV3rlt Code pertainirq to special assessments or b::>rds, have been conqlliE:?d with. ' 10. CENIRAL FIRE DISTR.Icr lt is furt.her ·agreed t.hat the DE'JEtOPER shall· file with the· CIT'{, Upon exa:.utian of this AGREEMENT / a letter from the Central Fire P:rotect.ion District of Santa Clara County, stating that the D~ has entered into an ~ with said District to .install fire hydrants to save said Project and stating that all necessary fees have bean deposited with said District to .iru:.-ure .installation an:i five (5) yaar rental fee Of said hydrants. 11. PACIFIC.~ AND EllX:TRIC/PACIFIC Bli:Lt It is further aq.reed that the DEVELOPER shall pay to Pacific Gas an:1. Electric cetrpmy ard/or to PACIFIC BF!..L Company any ard all fees required for installation cf overhead ard./or un:lerground wh-irg cirruits to all electroliers within said property arrl any am. all fees required for ~oorrling as provided in Ordinance lilo. 331 of C1'r'i when DE'VEtDPER is notified by either the City Engineer or the Pacific Gas a.rrl Electric Company ard/or PACIFIC BELL Company that said fees are due arrl payable. 12. OPERATION OF SYSTEM It is fUrthet' agreed that once the water system is complete and. tested it will be accepted by the City c.ounciL Once accepted, the CIT'i will assume responsibility for maintenance and operation of the Water · system Public I:mprove:oonts.' · · 13. IMPRQVEMl<Nr PU\NS '!his agreement shall pertain to plans listed belcw: (City Of OJpert.ino File #51,671. a. Off-site Water System In'qlrovements sheet 1/7 t.ht:u 7/7. · .b. '!he· Forum at :Rand1 San Antonio: Off-site ~t.s sheet 1/18 thru 18/18 -water only. ,· c. '!be Forum at Rancllo san Antonio: Private /streets sheet 1/28 thru 28/28 -water only. · d. '!he Forum at Rancho $an Antonio: tJ.rtlerq::rourd utility Plan CU 1 thru. CU B -water only. e.. soils am Geotechnical Investigations for off-site ~ for the Forum Life OJntinuirg Ca:re Center CUpertino a.rd I.os Altos, California by F.arth Sci.enoas Associates. f. nie PrOject Specifications & Manual· (>htitla:l "IDe Forum @ Rancho San Antonio*'. g. On a:rrl off-site inpravement plans pages 1/28 thru 28/28 & 1/18 tnru 18/lS respectively, a.rd all ct.her work sh.awn on the ~ .QDly plans.herein akx:>ve. 6 CUPERTINO I I I TEL: 408-252-0753 May 16,90 12:37 No.002 P.02 14. FA.SFMEN!'S, RIGm'--OF-wAYS, & PERMITS It is further agreed that any ~t, right-of-way & permits nec:essary for completion o~ the .Project shall he acquired by the DEVEWPER at his own cost and ~· fJ:his shall include an:i be subjec;t to permits frau Southern Pacific Railroad, santa Clara o:iunty and City of 100 Altos. It is provided, however, that in the event eminent darain prooeedirqs are required ~ the CI'IY for the purpose of securir.q said easeroont an:l right-of-way, that the DEVEWPm shall deposit with CITY a sum covering the reasonable market value of the land prcposed to be t.aken an:l to be included in said sum shall be a reasonable allowance for severance da:nage.s, if any. It is further provided that in addition thereto, such SU1T1S as may be required for legal fees and costs, erqineering, an:l other incidental costs in such reasonable am:iunts as the CITY may require shall oo deposited with the city of CUpertino. 15. }l)!D~ It is further agreed that, cctmnenoirq with the performance of the Work by the DEVELOPER or his oont.ractor ard continuing until the canpleting of the maintenance of the Work, the DE.Vm.OPER shall indemnify, hold harmless and defend the Cl'IY from an::1 against any or all loss, cost, ~, damage or liability, or claim thereof, occasioned l:.!:t1 or in any way whatsoever arisirq out of the pie.rfo:rma:nce or nonperfonnanoe or the Work or the Jl(:qligence or willful ntlso:in:luct of the DEVEWPER or the OEV'EI.DPER'S agents, anployees arrl in:leperrlent contractors. 16. INSURANCE It is further agreed that: 1he DEVELOPER shall take out, or shall require any C10ntractor engaged to perform the Work to take cut, ard maintain at all t.ilnes durirg the perfomance ard maintenance. of the Work called for or required to be done hereun:1er, a policy o! insurance namiiq the CITY am members of the city Ccuncil of the City of eupertino individually and collectively, and the offioar's agents arrl enployees of the City individually ar.d collectively, as insured. Said separate policy shall provide lxx.Uly injury arrl property damage coverage to the foregoing nam;d CITY and individUals covering all the Work perfornro by, for, or on behalf of said DEVELOPER. Both bo::lily injlll"Y and. prq;.erty damage insurance must be on an occurrence basis; an.:l said policy or i;x:>licies shall provide that the coverage afforded thereby shall be prim;u:y coverage to the full limit of liability stated in the declarations, and if the city, .1t.s members of the City Council irrlividually an:i mllectively, an1 the offi03rs, agents, an1 employees of the CITY, irrlividually arrl oollectively, have other insurance against the loss covered by said policy or policies, that other insurance Shall be excess insur~ only. 'Ille insurance carrier shall provide proof' of their ratings. All ratings shall oo a minbnu:rn of "Best A-7" in accordance. with AB.?>.G policie.s. Each of said policies of insurance shall provide coverage in the followirq m.inimum amounts: For b.xlily injury, $100,000 each person; $300,000 each occurrence, property damage, $501 000 on aanmt of any one occurrence with an aggregate limit of not less than $200,000. 7 05/15/90 10: 4'3 4082555312 FORUM LIFECARE PAGE 03 B. -nle ·oE'V'EtOPER shall file with the City Erqineer at Qt", prior .. to the time of execution of this }.GREOONr by t.he DtvEIDPER such evidenoe of said foregoing policy or policies of insurance as shall be ~tisfactol.)" to said city ~ineer.. Fach. such policy or p;Jlic179 shall Mar an ' etWrsement preclud.irg the 'canr.::ell~t~on OJ:" ' reduct.ion J.n ooverage without givirq the City Engineer at least ten (10) days ac:lvanc:.e notice thereof. c. In the event that the Project covered. here.in $hoUJ.d be .ttl!J.tUa;tly situated in or affect the area of jurisdiction of . a separate nnmicipality or political sul:x.ti.vision of the st.ate of california, the policies of insurance required he:t'E!in am above shall co-name such municipality or political su.bdivision and the provision set forth here:in·ari::i above for the protection of the c:J!N.·shall equally apply to municipality ard political subilvision. 17. MAPS '/\ND/OR lMP.ROVE1'-0™T Pll\NS It is further agreed that t.he crt'l shall' · Obtain th6 .. follc.Win;f · ·roa.p · ard/or plans at the DEVELDPER'S expense: A. A. mylar ~ia an::l seven (7) whit-.$ qt fUlly .~ · parool map. B. A mylar sepia and ten (10) prints of fully executed. improvement plans. c. A direct duplicating silver negative microfilm aperture card of all executed ilnprovement plans arrl map. 'lhe DE'VEWPER agrees to pa.y the cm from the deVelopioont naintenance deposit the cost fot' all prints of plans arrl map required urrler Paragraph 17. 18. sr. JOSEPH'S AVENUE DFDICA.TIOOS The De.veloper agrees that he shall offer for dedication all of st. Joseph's Avenue as delineated on Exhibit "C". attachro an:l incorporated herein. Said offer of an interest in the real property outlined on E>dlibit. "C'' shall. be .aa:x:rnplished prior to occupancy of the first hlildin-;J to re canpleted witllin the 54. o acre developrrent. · i · · 19. OFFSITE -WATER MAIN RE!MBURSEMENI' rrhe city arrl. the Developer mutually agree the water ll'lains constructed f:ron Tract 6190 adjacent to the southern Pacific Railroad right"""()f--way to the t.ourrlarie.s of the !54. O acre parcel currently bed..r-g developed are subject to reirnb..trsenoot. '!be costs (tmit price) arrl extent (W"lit.s) of ~id line shall be certified.by the Erqineer of record arrl shall be supplied to the city for future rei.mb.trserent by the City. '!he City slrul determine the 100thcrl of rei:mtursenent and disl:urse to the Developer any arrl all amounts which becorre due. said disb.trsements shall oa::ur within ninety (90) days from the date of payment to the City of any reiml::ursable a{OClUllt. 8 05/15/90 10:49 4[182555312 FORUM LIFECARE PAGE E14 20. OFFSITF; STREET IMPROtrfMFNTS: 'Ihe· city N'rl the reveloper ~tually agree· the coots f~r public street improvements from the Ji'on:nn S4. 0 acre site alorg Cristo Re.y Dr. to the City l~m.its of. LDs Altos are subject to re.i.mb,.u-<..Jellt?.nt. '!'he City shall re.llob.lroo the [)r;!velo~.r any fil'rl a.11 turds collecteid from oth~ · developers in the are.a. 'Ihe. City shall determ.i.ne. the methcx:l of reimb.:trsem?..nt a.rd s.ha..11 re.i:rnhlrse to the OOVE!lo~ ·'n'ithin Ninety (90) days· any furrls ·which are eollected for. re~t. 21. sr. JOSEPH'S SIDJ;M DRAIN SY$TFJ.'I '!he Developer agl:""OOS to complete the storm drain system which serves the north portion of the project, ard./or St. .laseph's Avenue whidl. is _adj~~t to the 54.0 acres currently be.inq developed. The 'Developer shall provide permits am/or'' ~I plans for the construct.ion of said stonn line an:l all appurtenant approv~.ls from the county of Santa Clara, State of California, Corps. of Engineers, Dcpru:1:JOOnt of F'ish & <Jane arrl the SMta Clat:a c.ounty Water District. IJ.be Developer shall obtain all of the ~ts .. arrl canplet.e said work prior to the start of the <'.XJm..irq winter. ·Said· .date shall. oo octorer 15, 1990. '!he Developer un:lerstan:Js· that until said work is ca:nplete all building permit insp€:ctions ·fran ·tho clty after said dato here.in a.rove will be discontinued. The Developer furt.her agrees to provide the City with any ard. all easements, plans arrl po.rm.its from t.he Coonty of Santa Clara, Civil Enginoc:;>.rs or stc"'l.te of Californi.:i., Department of 'I'ran.sportation run the &'M'l.ta Clara Valley Water District. 2 2 • RFSF.RVO.IR W\RR1\NI'V The' Developt::>r 'h:'lS commissioned the foll°""irq reports arrl plans which specity th£~ work on the ''.S't. Joseph's Re.servo.ir11 Tk'lif'JJlY: 'Ihe Forum Group, Inc. st. Joseph Reservoir f~pa.irs Dtrt.t."'>d: May 1, 1900 Further, the Developer stip..tlates t.l"ult the warranty on.the water tightness of the re.:.ervo.i.r sl1'i.ll re.nk'lin in tull force five ye~'ll's from the date of the City ac-cDpt:ancx.' of the rE•f"..crvoi:r. repair wo:rk. The Developer shall hire an Engine~ring Firm to C01¥iuct a ViSlUil inspection mrl shall commission a 11?.<.lk test in M.ccordanco with the spc'< . .::iLlc ... 1t.i.on; outl inc<l hcrc .. i.n Flb.:>vo. All cost.q for. th.is ~erk shall oo rein}.:un:.o:I to the City by tlit: !Jl~velcper. Whc-•n all inspc!(.."tions .:met tests have p:i.sSL>d. and an~ <-'pp.rcJVE.>Ct l:Jy the City tho bonct:3 for thi~~ work ~•hall be relc>ano:::l. 9 '05/15/90 E1'3: 25 4082555312 FORUM LIFECARE PAGE 01 '!he Developer fUrther:' agrees he will bon:1 for the work reqUired to restore the water tightness of the reservoir in the event the .inspections five (5} years hence, do not pass ths en:;Ji.nt:ering firm's or the City's leak evaluations. · ' '!he rurount of the bon.i. shall be $BS, 500 an:l shall te considered a portion of t.he bon'.is outlined herein on Page 2 of this agreement. said security shall retrain in full force until the City formally accepts the engineers report stating the resat.VOir is not leaking and the lM.terialS run workmanship accomplished by the Forum Group are in pla~ arKl continue to perform their design intent. 23. R.EmmON ~DI' The Developer urxierst.an'Js that a Public Storm Drainage System crosses the sire and a part of that system is a Retention Basin. Furt.her, the Retention Basin will oo used infrequently, However, it is further un:ierstood that this open space area shall always be· in a operational· con:tition. 'Ibis responsibility has been re~.in,:xi .by the oeveloper an:i the owner of the fee siJtple interest on the property. 24. K'MER & .TELEMEI'RY SYSTEM FOR '!HE WATER SYSTEM · 4lhe Developer fUrther warrants that the water supply system to the Forum site will function autonatically prior t.o .a~ of ,,the wab;!r system by the City. '!his require.roont includes all controls, telerootcy lines and utility lines. In the event the city agrees to partially accept the water supply linesf the Developer agrees to have any arrl all automatic controls operatirq within Ninety (90) days from said partial accept:ance. In the event the -penmnent utility telematry a.rd powml'. lines c.annot. .be inst:a,1100. to provide a reliable arrl secure, op.;n:"atirg control system, the Developer shall :make arrangements to provide reliable 'teit'porary lines. 'Ihe Developer shall thm warrant that within one ( l) year frcan the date of ~ of the .. water system all permanent rel~able ard secure lines shall be installed arrl. ~at:inq. · · · · · · ·· IJ:he failure' to ~l.l said ~ anl teleretry i#ies ard/or to have said water system operating.automatically in aCGOrdance with tti.e ·alXive·schedu.le or criteria will be considered a violation of a condition. of approval of the city CoUncil arrl will l:e subject to the provisions in para9t'aph, 25 he.rein. In addition the Develc:par agrees to fWl:l special an:l extraordinary work· that is, altern&te telemetry tansmission methods, reliable alterna~ temporary p:iwer sources and experises involved in City forees mmually operating the system. 10 05/16/90 09:25 4082555312 FORUM LIFECARE PAGE 02 25. Btn:IDruc PERMIT SUSPENSION The Developer agrees arrl understards that the timing of the work urrler certain provisions of this agreexrent relates to Public Safety issues and the fol."m:!l corditions of approval for.this devel~:t· 'The Developer shall cease all work on hl.ildings an::l the city will cease any arrl all inspections bf the Building Deparboont if the City determines that the provisions of Paragraphs 18, 21, & 24 have been breached by the Developer. said Notice shall ~ forwarded. to: 26. SUCCESSORS FORUM GfOJP I INC. 8900 .KE'{&IQNE CR:.lSSING, SUITE 1200 P.O. OOX 40498 INDIANAPOLIS; INDIANA 46240-0498 . 1his 1'.GR.EEMENl1 sh.all bird the heirs, administrators, exec;ttors, successor, assignee and transferees of the DEVEl'..OPER. '!he assignment of this ~ sha,ll not be made without approval by the City Council of the city of CUpertino. 11 '05/16/90 09: 25 4082555312 FORUM LIFECARE PAGE 03 IN w.rnmss WHEREOF, cnY has caused its name to be hereunto affixed by it.s Mayor an::t City Clerk; thereunto duly authorized by resolution of the City Council an:J. said DEVELOPER has hereunto caused his name to be affixed the day ard year first above writt.en. CITY.' OF CUPERI'INO: Approved as to form: · · · City Attorney DEVEJ'.IJPm: Exhibit A,B,C, & D Attached 12 05/15/g0 0'3: 25 4082555312 FCIRUM LIFECARE Resolution No. 8112: 11A ~..elution of the City Council of the City of CupE~rtino Acc.optih] a Cn.mt of Ea.seine.nt for Erre.rqency Access f:rarn Fon.nu r .. ifec<..'lro, Inc. I An IJrlL1ra Cotp:n;ation, ard the l<L.u!~)n C.1tholic Bishop of £~m Jo.:..io, A c.:tlifomil\ Corp:iration Sole; Locatoo at C.ri$to Roy DrivojRout.a 2BO a.rd St. JQS(;[X\ Avenu.c. 11 Resolution No. 811J: "A Rerolution of the City c.au.n:::il of the City of CUpcrtino Accept.in) a Cr-ant of Baseirwant for Hater Line ~s from the nom.:m Catholic Bishop of S<.u1 J~, A California COrp:>.ration Sola, Locatoct a-c. Cri~to Hey D.riv~(l1outa 280 an:l St. Josoph Aveuue.11 Resolution No. 8114: 11A Re.solution of the City C.o..mcil of the City of C\.lpertino Aeceptirq a Cra.nt or Easenllallt for Storm Dr~in Purposes from Forum LifOOitre, Inc., An Iniiana CO.rporation, an:l the Rrnian Catholic f.ii.!Ui.op of S,;:m Jose, A C"..alifornia. Corporation Sole, tocated at Cristo ney OrivejRout.a 200 and St. Josefh Avetil..le. H Resolution No. 8115: 11A Resolution of tha City Council of the City of eupert.i.n':l Accepti:rq a crant of F.aseioont for storm Dram J?ul:1:ases tmn the Ra!~ Catholic Bishop of san Jose, A califomia O?rporation Sole, toca:too ·at Cristo Ray DrivejRo.Ite 200 an:l St. Joser:h Avenue. ii Resolution No. Sll6: 11A Resolution of the City COlncil of the City 9f CUpe.rt.in.:;i Accept.u-q a Griffit of Fasement tor storm Drain Retention Basin ruxposes f:ran Fo:nun !J.fecare, ~., An Wiana C.Orporation, arrl the Raoon catholic Bishop of san .J05e1 A California O::.irpora.tion Sole, tooated at: Cr:isto Rey Dri ve/ROJ,te 28.0 and. st. J oseftl Avenue. u Resolution No. 8117: "A Resolution of the City ewncil of the City of CUpert:ino Acceptirq a ~t of Easement for Public Utilities tran Forum Lifecare, Ire., An Inilana Corporation, a.rd the Roolan catholic Bishop of San Jose, A'Cil.ifomia corpora.tion Sole,· 16cat.ed"at Cristo Rey Drive/Ra.lte 200 ard St. Joseph Avenue. 11 ' .• Resolution No •. ·.SllB: 11A Resolution of the City CCl.lnc:il of the City of eupertiro Atxapt.irq Grant of ~t for Roadway Pul:p:lSeS from Forum .r..ifecare, Inc., An Irdiana COn:or&tion, ard the Rolrem Citholic Bishop of San .Jose, A Ctlifo:rnia Corporation Sole, Located at Cristo f-!ey DrivejRoUte 200 am st. Joseph AvMue.11 PAGE 04 '05/15/90 09: 25 4082555312 FORUM LIFECARE PAGE 05 EXHIBIT B THIS PAGE LEFT BLANK 85/lE,/90 09: 30 . . . . / f:j I r 4082555312 ·• LANDS Of ~· SANTA CLARA COUNTY·, 'I. ,· I ' ST .. JOS!7Pli. S SFN. INARYv.· --I (2~:ic:io o. n. %l ··--~-;. r : ( I "-----·-I / -~-~ 1· FORUM LIFECARE t: X·H ll::S 11 0.407 ACAg PAAC~L (LANDS OF fl . C . A . OF S . F . l ~ £AS£Mt:NT NO. 1 --. •. ~-(PARC~L 1El {7096 0 'Fl. 183) 0, 19.9. ACRES ... . . l,.: '(/J -~IJ.. ·-""' , _ ;;/ I . ..) ., ...,.,, II .. J •• GROUND LEASE ro FORUM LIFECARE. !NC. (K3ff7 0.11 . .1'700. EXH(8fT "A") 54.04 ACRES ST, JOSEPH AVENUE EMERGENCY ACCESS AOAO CROSSING ROUTE 280 ~~ EASEMENT NO, 1 UNINCORPORATED AREA SANTA CLARA COUNTY CALIFORNIA PAGE 01 1 uF 4 BA!AN KANGAS FOULK D~ti!: u.:J-;.>9-~JO Scale. 1··. 100· CON:iULTTN1; FNGTNFHI'~ t:l\I': RF:~ t:lfll: Shi:et l llf' •' 'i40 PnTCF AVl·Nlll' IU'llWllfUl f'TlY f'AI r~ q.dOfi'' '05/16/90 09: 30 FORUM LIFECARE --... -------------~--.--· 4082555312 PAGE 02 1 OF 4 i, DATA 40.IJO 0 DEL r A/BEAl~U.:...:..N_G~1--fl_A_01~u_s,_.,.j....-L_EN._..:..._~~O_IS_T_. --1-~T_/\Nlif:.N.!_,_ @ N 50"04'03"W @ N 65" 5G · .:14 "W 00. 55 · , · · .. @ N 24"03'26''E 40.0i @ N 65" 56_'.....: 34_".....:W--i.---~--4---9_._9~4-·l---~-I Cf) N 539 15''57"E 56.74 ··-(r)~ · N 22·...:1:....2_· <.....:rn_"_E-i~-~~-i---72_._o_o·_. -+---~- ~@ N !5B"04'03"W 1'7.9~ '' .. ' ST, JOSEPH AVENUE EMERGENCY ACCESS AOAO CROSSING ROUTE 280 ~N EASEMENT NO, 1 UNINCORPOAATED AREA SANTA CLARA COUNTY CALIFORNIA SA!AN KANGAS FOULK fJv: lll'X flfTL Sheet " (JF 2 05/15/90 09:30 4082555312 ·I I '"ft . ., . ! . . . . ' . . . . . . . . .'"-:_LJ\NOS OF ;--./. •. SANTA CLARA COUNT~ " _,,/ .,,.,"" . . I I ' If·-..___ / ' ' . ST, JOC:.f Pit' t~ SfMINAl!Y -~ I (2~.Ji:JO (J.11.· Cj!:'j) ·---v~· • ,r , I ,'' .__ -....... -....,,_....~ 1 I l I I l I I I L. GROUND LEASE TO FORUM LIFECARE, INC. (K3B7 (1,R . .llOEt. EXHIBTT "A"l 54.04 ACRfS ST, JOSEPH AVENUE EMEAG£NCY ACCESS AOAD CROSSING ROUT£ 280 ** EASEMENT NO, 4 CITY OF LOS ALTOS SANTA CLARA COUNTY CALIFORNIA PAGE 03 ur BRIAN KANGAS FOULK CONSULT f NG FN<iTNl-fll~.i tly: nr ~ uf r 1. •:mer. t 1 cir ~· 4 05/16/90 09:30 4082555312 FORUM LIFECARE PAGE 05 ··I Brian Kangas Foulk EXHIBIT ·c· 3 OF 4 January 11, 1990 Legal Description for Dedication of St. Joseph Avenue Ov~r St. Joseph College Prop~ftY LL!1•1,U111.; I 1i1i·ll1•1,1:·. ·~j•:t1 h11,~: t\~IJillll! Hi;ul\'uou C111·. t.:11 fl.1u1n ·1 I'; ~I\; !r l!· II::' · SituatG iii the City of Cupertino, County. o'f .sa~ta Clarq.,, s~.t.i.t.e of· :·,~w;,-::n!,UW California and dQscr·ibod as foliows: Being a portion of that certain 473 acre tract of land conveyc!d to the Roman Catholic Archbishop of San Francisco by Deed recorded May 13,· 1920 in Book 517 of Oeads at Page 40, Santa Clara County Records and lJe·ing mori: particularly de~cribed as follows: .e.f\IKEL.!i At 25.00 foot widQ right-of·way, the easterly and northeDsterly lines of wti·ich arQ dL!scribi.:'d as fol lows: Boginning at the northwesterly terminus of that ~ertain line described as North 65~58'47tt West 40.87 feet in Exhibit A of that certain Ground Lease to Forum 1 i focare Inc., filed for record December 11, l 987 in Book K387, Page 1708 of Official Recordsi Series 9536539, Sant~ CJarJ County Records, thence proccoding along general westorly line of said lands describod in Exhibit /\ (K3870R.170B) th(~ following nine (9) numbered.courses, 1) South os·o2 1 20~ West 159.41 feet, 2) South 01 9 27'23" WQst 100,00 feet, 3) South 01•16 1 37 11 East 100.00 feet, 4) South Or02'5411 East 67.84 feet, ! 5) Southerly and easterly along a tangent curve/to the left whose radius point be;n·s North 86 4 57'06., Ea.st for 400.00 fo(!t, an arc length of 264.79 feet and tt.rough a centra·1 angh~ of 37a55'43" to a point of tangent line, 6) South 40"58'37 11 East 31 .47 feet, 7) Southerly and easterly along a tangent curve to the left whose radius paint bears North 49"01'23° East for 700.00 feet} an arc lGngth uf 155.77 feet and through a central anglr. of 12°45'00" to a point of tangent line, 8) South 53°43'37" East 189.70 feet, 05/16/90 09:34 4082555312 FORUM LIFECARE PAGE 01 EXHIBIT .. c .. 3 oF 4 Legal U0scrlption Job No. AB0186.00 January 11, l 990 P ag c~ 2 9) Southerly and c~asterly ii.long a tangent curvo to tlw right 1vhose rad·ius point IJ(•ttrs Soulh 36"16'23" Wt~~t. (or 600.00 feel, (In <1rc length of 127.68 f~et and through a central an9le of 12•11'33tt to a point hereinafter referred Lo as Point ~A~; Begirining at the·afor~mentioned Point "A" as dasignated in PARCEL·A above, thAnce cont'inu'ing soutl1er'ly and cast£~rly alon~J the afor'esaid westerly line of said 54.04 acre tract along a tangent curve to the right whose radius point bears South 48 4 27 1 56~ East for 600.00 feet an arc length of 86.36 feet and through a c~ntral angle of 08~14 1 50 11 to a point of non-tangent curvature; Thence southerly and westerlyt leaving said westerly 1 ine of said 54.04 acre tract, along a curve to the right whose radius point bears North 35bl7'35" west for 42.00 feet, an arc length of 94.84 feet and through a central angle of 129.22'54" to a point of reverse curvature; Thence Northwesterly along a curve to the left whose radius point bears North 85~54'41 .. West for 20.00 feet 1 .an arc length of 15.93 feet and through a central angle of 45"37'23 11 to a point of non~tangr~nt line lying distant South 48~27 1 56" West 25.00 feet from aforesaid Point "A0 i Thence North 48"27'56" East 25.00 feet returning to aforesaid· Rolnt. UA". End of description. Description prepared by: Rex A. Betz, L.S. 5251 License Expires 12/31/91 ,0/ .. •-? ........J-/ __ signed= -1ir6-y::.. a /~73 Dated: J;; q l..( ~ r L:I If} ;-:;(:; .. ) r , DV: ph: be· 05/15/90 09:34 4082555312 .:;,.o~· oz.' 64-'1 t "'~,_ 1? 4' 4 1 ?; ('? 11 FORUM LIFECARE PAGE 02 t.ANll~ Of' rue.. .f1T ATE. OF C.A 1..1 rotiN I A IN'l't::.IC.~TATI!. i&o EXH'IBIT'. Gt:-\Ol.A NP L~A'bf!. iO l"oP.UM l...IF"\i\OAP..6, INC.· (K.~01 o.Jl:,. 11oed (1!'.l(Utr>IT -A•) A c R. E ~4-opi;;e.!?>1 1 r.;. ~I. 4-1 T RAGT 4 0) ,• .. ~ \ PARC E. a, !> GF:.t.Je~Ai... w1 ~'1' t...1tJ~ or (Ki.e>7 o.R.110el (~ll'..llll!>IT •A-) 'f' p.a r o ~ e o fl.IG&.IT· Of• WAY A· n.q •zi•.,4• ~ .. ~z.()o L "'14. e.-4-. ~ b" o&· I+ F50 11."' "()(), 00 l,. • e. "-· ~G- f'T .• A r.o.~ .) /. P\...Ai -ro AC..C.OMrANY A i....tGAt... 'PB~C~ll'TIO...i Of' !;t"f. Joe.e.r..i AV.:.NL-te. ov~~ 6·r • .Jo~~f'lt cc1..ot..e.t!l!t1So rRore.ttTY W nrrp A I w ft: Brian Kangas Foulk .......,uf_iA_,w,....N_ij_'f_LY--...V---" OliAWING NO. 111~ruovro £n· o. o. n 1 '1. ,,.., nf') 05/16/90 09:34 4082555312 FORUM LIFECARE PAGE 03 Brian ~{angas frrudk EXHIBIT "C" 4 OF 4 Job No. 880186.00 Logal Description for Dedication of St. Joseph Avenue Over Forum Inc. Lease Property Situate in the City of Cuportino, County of Santa Clara, State of ·.,.111;.::i;:,.!}Gu California and described as follows: 8eing a portion of that certain 54.04 acre tract of land described in Exhibit 11A11 in the Ground Lease to Forum lifocare, Inc., filed for record December ll, 1987 in Book K387, Page 1708 of Official Records, Series 9536539, Santa Clara County Records and being more particularly described as follows: P.8.Rc.E.L A A ?.5.00 foot wide right~of-way, the westerly-·and southwesterly'lines of which are described as follows: Beginning at the northwesterly terminus of that certain 1 ine described as North 65°58 1 47 11 West 40.87 feet in said Exhibit 11 A0 , thence ·proceeding along the general westerly line of said 54.04 acre tract· of the foll~wing nine (9) numbered courses, 1) South 05"02'20 11 West 159.41 feet, 2)' South 01"271 2311' West 100.00 feet, 3) 4) 5) 6) 7) 8) South 01°16'37~ East 100.00 feet~ South 03"02'54" East 67.84 feet, Southerly and easterly along a tangent curve to the left whose radius point bears North 86~57'06~ East for 400.00 feet, an arc length:· of 264. 79 feet and through a central angle of 37" 55' 43 11 to a point of tangent line, South 40~58'37~ East 31.47 feet, Southerly and e~sterly along a tangent curve to the left ~hose radius point bears North 49•01 123" East for 700.00 feet, an arc length of 155.77 feet and through a central angle of 12"45'0011 .to a poirit of tangent line, South 53°43 1 37 11 East 189.70 feet, 05/15/90 09:34 4082555312 Leg~l Descri~tiriri Job No. 880186.00 Janu<iry 11, 1990 Page 2 FORUM LIFECARE 9) Southerly and e<.1sU~rly along a tangent curve to thi? right whose radius point bears South 36ti16'2311 West for 600.00 feet, an arc length of 130.89 feet and through a central angle of 12~29'57 11 to a point her~inaftor refGrrod to as Point HA 11 • Beqinnin9 <J.t the afon!mentiunc~d Point 11/\'1 , as des·i9nated in P/\l~CEL A above; Lhence continuing so11thcr·1y and easterly .:donq tlu~ afores<tid 9ener(d westerly l ·ine of sahl 54.04 acre tr<1.ct a'Jon9 a tangent curve to the right whose radius point bears South 48"46'?.0" West for 600.00 foet, an arc 1 ength of 83 .15 feet and through a centra 1 angle of 07.56'~5" tri ~ point of cusp: Thence northerly and westerly leaving said westerly line of said 54.04 acrC> lr·<1ct, along a non,tangont curve to tlw loft ~Jhose radius point bi:ars North 35~17 1 35" West for 42.00, an arc l(!119tl1 of 100.77 foet and through a. e<."!ntral angl c of 13r281 ll" to a point of rove1~s(! curvatln'C!; Thence northwesterly along a curve to the right whose radius point bear~~ North 07til4' 14'' East for 20.00 foot, an arc 'l(!n()th at 14.50 foc:t and through· "<l central angle of 41 "32'06" t:o· a point of non· tangent l·inc ·lying dist;:i.nt North 49Q46'20" E~st ?5.00 feet. from aforesaid Point "A~; Thence South 48"46 1 20~ West 25.00 feet returning to aforesaid Point UAil. End of description. Description prepared by: Rex A. Betz, L.S. 5251 License Expires ~12/31/91 . /"':./ ' .. ~ Signect:JCfc.< U,; ;:~;~~ o.:itect:__'Jp ':1_£..·<fLJ.:,_tq: 171 L110 OV:ph:bc PAGE 04 ,I . 05/15/90 09: 34 4082555312 FCIRUM LIFECARE PAGE 05 \ \ \ \ \ \ @l:z.OLANt? 1,..t.A.C,..1!!. TO ~Oj:l.Ut.i\ 1,....lf'B&AP-S. I it.Jc-. " A II > I.. AN Pt? Of fl.t tl-~TA l' !?-Of" OA!,,1 f"i?P.NIA tNre.P.'?fATI.\ 'Jf}O '" . " .-• ( 0r1 TRACT ACRE Dl::8D·0.1-0) ~ \ S~Nl:i.r:\Al.. W'LY t..tNt:. (k281 0,P..1100) (t?-X~ll'lil"f ~A»J. ~AN Jo<;~ -~ T. J o $ ~ r H c. c:i 1.-1,.. e G e r't..A"T Tti .l\C.-C..OMl'AN'i A t..f'.,GoAL.. Of.o&C.µ.IP11ct.J 01"' -:: .. r . ..J OS er H AV f. t-J u e ova fl-fO!:l.U M ING. L.e.As. t PP.or~ 12-T'r' ' t. ~ 1~1·1.1'>111. rz~ .it']...UO 1..-' I 00.11 4 • "'"1 • ?;i'J..' () t;.. i:t~ ').O.t>O \,1 14-.150 _....-",,,-" 04 f)'" 4l# 41.o.W(R.) 'l'!:I. 00 -====="'==="'''="'·~"-=~,-... · .. -='-',~'""====-=-~~----~----.~~-~~-=-=~==-- /)" 01•.,a.'2~· Jl ~ /PJ!)~. (?0 \..-,.~'!'I.I" SCAl.£ I"• \op' 0AT£JAN l"\"lO Brian Kangas Foulk \.o-llf"!_A_W ..... N._fw_·_i.._v_"""' Pll/\Wl~~c NO /\f'Pl!OVL U (l y FORUM ESTIMATES BOND .Al.~OUNT CHECK a~SP !NDlRECT EXP (S) Ul '-I-' a-< ON-SfTE: '- U) SURF.ACE !1\-~PROVEMENTS 977,255GO .:s,ss2.so 7.32942 (S) PRIVATE STORM DRAIN 232,.iill9 co 11 ,Gn_.:s 1,143 37 (S) U) STORM DP.AJN OUTLET 10,000.00 soo_oo 75.00 .. w CONTJNGENCY 10% 121,9i0 50 6,CS853 814-78 m SU8TOT.4L 1,341,675. 50 57,083.78 1O,C5257 .p,. CSl co t·,) Ul OFF-SlTE: Ul Ul CRISTO PEY SURFACE tl--.-1PR 843,814.00 112,193.70 5,326 51 (Jj I-' t--.) ST. JOSEPH'S A VE_ ll'IPR 91,419.00 4,57:'.:.95 685.54 STREET LIGHT COl'IDUlT 33,000.00 1,650.00 247.50 ACCESS ROAD 90,000.00 4,500.00 675.00 PUBLIC STORM, CAJSTO REY 4,0650:'.:l 2C3:30 ;:.c so STORM DRAIN ST. JOSEPH'S 30,000.00 1,50000 2:25.00 CONTiNGENC'f 10% 109,229.90 5,451.50 819.22 SUBTOTAL 1,201,528. 90 50,t:16.45 9,011-47. 'I 0 ;:o WATER: c 3: Off-SffE WATER SYSTEM 222,C9500 11,10.:.eo 1,$£..5.72 r H ON-SffE WA. TER UNES,PUBUC 482,392CO 24J"iS.SO 3,517.94 'I IT1 OFF-SHE-LINES CRSTO REY 309,529 00 15,476.45 2,3.2i.47 0 D ;:o CONTl~GENCi 1 0% -i0\401.70 5,070~ nc s1 IT1 SUBTOTAL 1,115,418.70 55.770.94 8,355.64 rn TOTAL ----·---· -3-;-6-58,t.23TO-182,931.1°5-·--27~439~5r-x I PREVIOUS AGREEMENT 2,376,000 00 190,800 GO 28,520 00 -CD AM0Uf'1T DUE $1,282,623_10 ($7,ese B4) ($1,180.33) -lJ -I I:? CJ) IT1 t CSl D I-' T RAFFJC S~NAL a B.A.U..f'..CE DUE (43.647.33) 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 252-4505 FAX: (408) 252-0753 DEPARTMENT OF THE CITY CLERK April 30, 1989 Iaurie Kane Off ice of the Recorder 70 West He:lding street San Jose, CA 95110 Citlf of Cupertbto 1XXlJMENT FOR REOORDATION: Will you please record the enclosed document as follows: P.O. Box 580 Cupertino, CA 95015-0580 We have enclosed one (1) Fast Endorsed copy and one (1) Original of the following document: Agreement for Grant of a Water system for Construction, Operation and Maintenance of Water Line Across lands of County, along with certified copies of Resolution No. 8042. Resolution No. 8042.: "A Resolution of the City Council of the City of CUpertino Authorizing Execution of Agreement with the County of Santa Clara, Forum Lifecare, Inc., and the Roman catholic Bishop of San Jose, for Grant of a Water System Easement for Construction, Operation and Maintenance of Water Line Across lands of County" Sincerely, ~~~ OOROI'HY OORNELIUS CITY CLERK CITY OF aJPER:rrNO COUNTY Of SANTA ClARA CAlI fORNIA OFFICE OF THE BOARD OF SUPERVISORS County Government Center, East Wing 70 West Hedding Street San Jose, California 95110 (408) 299-4321 City of Cupertino clo Mr. Travis Whitten P. 0. Box 580 Cupertino, CA 95015 Dear Mr. Whitten: March 27, 1990 MEMBERS OF THE BOARD Susanne Wilson, District 1 Zoe Lofgren, District 2 Ron Gonzales, District 3 Rod Diridon, District 4 Dianne McKenna, District 5 . )[) -Arn 2 19YU SUBJECT: EASEMENT AND AGREEMENT RE GRANT OF WATER SYSTEM AT RANCHO SAN ANTONIO PARK TO CITY OF CUPERTINO Enclosed you will find one fully executed original of the subject Agreement and Easement between the County of Santa Clara and the City of Cupertino. The Board of Supervisors, at its regularly scheduled meeting on February 13, 1989, approved the Agreement and Easement on behalf of the County. The enclosed is for your information and files. DMR:sla Enclosures Very truly yours, BOARD OF SUPERVISORS DONALD M. RAINS, CLERK I~~ Sheri Atencio Deputy Clerk 'SJ,<oll STATE OF California COUNTY OF San Francisco t ss. On this 15th day of May , in the year_~1~~ .... 9~0 _____ , before me ____ B_r_u_n_e_t_t_a_A_r_m_s_t_r_o_n ... 9...__ ______ , Notary Public, personally appeared----------------- Gary W. Kolar ------------------------------------------·personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) who executed this instrument as -~A:..:t:...:t:.::o:..:.r.;..n:..::e::...iy,_-_,i-"n,_-.;..F_,a::.:c,,,_t~----- on behalf of the corporation herein named and acknowledged to me that the corporation executed it; that he (sj{~ knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of the said corporation, and that he (she) signed his (her} name to the said instrument by like order. FOR NOTARY SEAL OR STAMP (Commission expires _ __.;;8_,_/-'-1.;;.3,_/.;:_9.;;_0 ________ _ [.; "" Zn 00 :E ::0 r"'CI mO 0 ::0 Ci) )> m-i :i:m m z .... EXECUTED IN TRIPLICATE KNOW ALL MIN BY 'IH!SI PUSINTS# Bond #4433 Premium: $26,834 ?HAr WE. Rpcho SIA AAtpnio Rdirm=tJiNinr Cgmmuign u Principal m:l llAfk I'm 9selt!-'9PFY u Smeq ae Wd and firmly bound umo the City of~, S.. of caHfomfa. in the mm of~~~ Ftrtv~ 'Ito.Ecl:d S:i:x: Hn:rr:ai ~Six ail NJ/100--lawfal f1111mf of dw ~. for the p&Jmem of wldch wm mi trw,m be made, we bind~ om heirs, aecuton, successors and udsm, jointly ad~ &m1f by thae prucna:. nil CONlXl'ION of the abow obHpdcm ii such that, WHEJtW, the Pdndptl lm emmed IDtD. ccntnct dated ____ --' wfds. -Oblfpe to do and. pedorm the foDowq-work to-wit: All work relating to nan-Site" pubH c and private irr[J00'7erents -as shown in Exhibit D fo:t:'-AGRE:EMENT II, aForum Cristo Rey .Driv-e". ~ '?HiREPOU, if the Aki Pdncipa1 ahal1 well and trU!y' ped'mm t:b4 work eomraeted to be pedormed under a;i.d eom:ncs:. then this obliprlcm shall be void; ~ 1:0 remain m full toKe Ciel did:. IN~ WH!R!Og du.~ ha been dWy ~'by the Prlncipal and SUtety tMs 1 ~ ~" of .. Mq,y .• 19..!9..· ~be liped bf PriDdpd aDCISwtt)'ml ~) CH .SAN ANTONIO R.111lff!Mt1Nl" iia."SING CORPORA110N, a Califomia Dctt-ptofit :mutual benefit coipo&adoa 'the Cov. bond ii~ uad appzoved du. day of ____ _ 19__, EXECUTED IN TRIPLICATE LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: Bond #4433 Premium included in Performance Bond I WHEREAS, the City of Cupertino, State of California, and Rancho San Antonio Retirement Housing Corporation hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal, and Pacific States Casualty Company as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all material- men, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of One Million Three Hunderd Forty Thousnd Six Hundred Seventy Six and No/100 ($1,341.676.00). THE CONDITION OF THIS OBLIGATION 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 work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. 4a2.mjd ST ATE OF CALIFORNIA COUNTY OF ____ L_o_s_A_n_g_e_l_e_s ____ _ May 19, 1990 On-------'--~-------... before me, the undersigned, a Notary Public in and for said State, Steven R. Hummel personally appeared------------------ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney-in-Fact on behalf of Pacific States Casualty Company, the corporation therein named, ~nd acknowledged to me that the corporation executed i l. FOR NOTARY SEAL OR STAMP OFFICIAL SEAL MAfilA ESCOBAR Notary Public-·California LOS ANGELES COUNTY My Comm. Exp. Sep. 7, 1990 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 way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition tot he terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this _l2!h_ day of May , 19 90 . (To be signed by Principal and Surety. Notary acknowledgements required.) By: CHO SAN ANTONIO ENT HOUSING CORPORATION, a California non-profit mutual benefit corporation The above bond is accepted and approved this _ day of __ _ 19 _. 4a2.mjd STATE OF Californi-"-'a ________ _ co UNTY OF _,..S .... an..._.F1-rua11.Jn....,c.._1 ..... • S,,,.C,.sO..__ _______ t ... On this 19th day of March , in the year __ 1_9_9.._0 _____ , before me ______ B ....... r_u ... n ... e .... t,,..ta.._..A...,r .... m........,.soatL..ro ... n .... g _____ , Not1ry Public, personally appeared __ W;;..;...o.._v_.'-M..;..;c ... C,_a""'r_t"-'y._ ______ _ ------------------------------------------·personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) who executed this instrument as Attorney-in-Fact on behalf of the corporation herein named and acknowledged to me that the corporation executed it; that he (shel knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of the said corporation, and that he (she) signed his (her) name to the said instrument by like order. (Commission expires -~8.i..1.:..1.:.3'-"'/9=.;0=.;_ _______ _ EXECUTED IN TRIPLICATE KNOW ALL MEN BY 'IHESE PRESENTS: Bond No. 4318 Premium: $25,200.00 THAT WE. Ronch.2 San Antonio htimpmt Hoving Comor11ion as. Principal and El.Qtic Sta.tes Casualtv CQmpw u Surety are held and f1rm1y bound unto the City of Cupertino, State of California, in the sum of One Million 'JWo Hmldtcd Sixty Thcmpru! Dollars ($l,26Q.QOQ) lawful money of the United States, for the payment of which wm and truly to be made1 we bind ounelvet, our heirs, executors, successors and assigm, jointly and severally; firmly by these pretents. THE CONDmON of the above obligation ii such that, WHER!AS, the Principal has entered into a contract dated .3:> /i 1 / 1 i> with the ObJiaee to do and perform the following work to-wit: Cristo Rey Road Off·dte, St, Josephs Avenue Off-site, conduit to water tank, water tank access road. public storm sewe; impromnentJ to complete work referenced ht Phue I Development Agreement. NO~ THEREFORE, if the said Principal shall well and truly perform the work contracted to be perfo:nned under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WJTNESS WHEREOF, th1s inatrume.ru bu been duly executed by the Principal and Surety thfJ 19th day of March • 19..2.Q_. ('lb be signed by Principal and Surety and acknowledgment) By: ~~ CHO ANTONIO HOUSING CORPORATION, a California non-profit mutual benefit corpora don The above bond b accepted and approved thU __.l" ___ 1_ day of ~ 1910. \ EXECUTED IN TRIPLICATE LABOR AND MATERJAL BOND KNOW All MEN BY 1HESE PRESENT: Bond# 4318 Premium included in Performance Bond WHEREAS, the City of Cupertino, State of California, and Rancho San Antonio Retirement Housing Corporation hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal, and Pacific States Casualty Company as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all material- men, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim·has not been paid by Principal or by any other person, in the just and full sum of One Million Two Hundred Sixty Thousand ($1,260,000). THE CONDITION OF THIS OBLIGATION 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 work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. 4a2.mjd STATE OF CALIFORNIA COUNTY OF Los Angeles On ____ M_a_Y_.~1_9_, _1_9_9_0 _____ _, before me, the undersigned, a Notary Public in and for said State, Steven R. Hummel personally appeared ----------------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney-in-Fact on behalf of Pacific States Casualty Company, the corporation therein named. and acknowledged to me that the 'orporation executed it. FOR NOTARY SEAL OR STAMP OFFICIAL SEAL MARIA ESCOBAR Notary Public-California LOS ANGELES COUNTY My Comm. Exp. Sep. 7, 1990 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 way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition tot he terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 19th day of March , 19 _2.Q_. (To be signed by Principal and Surety. Notary acknowledgements required.) By: ~~~~!:...-.~ I~• . ci al CH SAN ANTONIO RETI E ENT HOUSING CORPORATION, a California non-profit mutual benefit corporation ~tes Casual~y •. (/~d Attrnei-iil-Fact, Steven R. Hummel, The above bond is accepted and approved this _ day of __ _ 19 _. 4a2.mjd STATE OF CALIFORNIA COUNTY OF Los Angeles On. May 31, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared Steven R. Hummel ' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney-in-Fact on behalf of Pacific States Casualty Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and omcial seal. Signatur~/l Cl.2 A-A For~ NOTARY SEAl.. OR STAMP OFrlCIAL SEAL MARIA ESCOBAR Nol<ltY Publio-Callfornla WS /\NG~LE.!13 COUN"i'Y My Coinm. Exp. Sep. 7, 1990 Type of Bond: Bond No. executed by Pacific States Casualty Company RIDER To be attached to and form a part of Faithful Performance & Labor/Material Bond 4318 Rancho San Antonio Retirement Housing Corporation ------------------------------------· as Principal, and by PACIFIC STATES CASUALTY COMPANY, as Surety, City of Cupertino in favor of----------------------------------------- and dated From: To: March 19, 1990 In consideration of the premium charged for the atached bond, it is hereby agreed to change: Bond Amount One Million Two Hundred Sixty Thousand and N0/100-----($1,260,000.00) One Million Two Hundred One Thousand Five Hundred Twenty-Nine and N0/1000--- ($1,201,529.00) The attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. This rider is effective May 31, 1990 May 31, 1990 Signed and Sealed Rancho San Antonio Retirement Housing Corporation Principal BY: By: ~.~r::l--?t.~~~:..,L.~-;._j.:_u,.~::k:::!~~L-.f,:::::.::::_~ Steven R. Hummel, RIDER ACCEPTED (Please sign duplicate of this Rider and return to Surety) Date: I I By: PSCC 0022 REV 6/87 POWER OF ATTORNEY OF PACIFICX_ STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31st day of December, 1993. 2. This Power of Attorney is void if altered or If any portion is erased. 59940 3. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in red ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as exprei;.slv limited, PACJFICSTATES C.O.SUALTY COMPANY, does, hereby make, constitute and appoint o't:.even !<.. ttmnme1- the true and lawful Attorney-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyshlp In an amount not exceeding $1,500,000 in any single undertaking; giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as said corporation could do, but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUAL TY COMPANY, effective as of August 3, 1984; RESOLVED, thatthe Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is authorized to execute Powers of Attorney, qualifying the attorney named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHERE OF, PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. ATTEST S CASUAL TY COMPANY By ~~ Bruce E. MacKenzie ~ By STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On September 5, 1989, before me, the undersigned, a Notary Public In and for said State, personally appeared Bruce E. MacKenzie and Esther R. Lowy, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Signature CERTIFICATE -OFFICIAL SEAL ELLEN H. OSHIRO 1 NOTARV PUl'll IC · CM l~ORNIA PRINCIPAi OFFICE IN LOS lNClflES COllN1 V Jwty Commission L.11pit--, Jutlfl' 4, J 993 The undersigned, as Secretary of PACIFIC STATES CASUAL TY COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Powe~ of Attorney, are in force as of the date of this Certificate. __ M_a~y ___ , 198-2.Q PACIFIC STATES CASUAL TY COMPANY By PSC-S-101 9/89