90-038 Jon-Fwu Hwu, Versatile Construction; Improvement Agreement; APN #326-23-035; Resolution 8264 AGREEMENT
10244 EMPIRE AVE.
APN #326-23-035
This AGREEMENT made arra entered into this 1- 1 day
of S C—? • , 19 t ° , by and between the CITY OF •
CUPERI'INO, a municipal 'corporation of the State of California, hereinafter
designated as CITY, and JON-FWU HWU AND SUI-CHING KO HWU
hereinafter designated as DEVELOPER.
W I T N E S S E T H
WHEREAS, the DEVELOPER has nada application to the CITY for a
BUILDING PERMIT
to construct arra maintain a SINGLE FAMILY DWELLING
hereinafter referred to as "Project."
WHEREAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by WESTFALL ENGINEERS •
a true copy of which improvement plans and specifications are on file in
the office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as
though set out in full;
NOW, THEREFORE, said improvement plans and specifications shall be
hereinafter called the "Plans," and the work to be done under the Plans
shall be called the "Work." •
FILE: 51,914
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Tmproveflient Category:
•
PART A. Faithful Performance Bond:
NINE THOUSAND EIGHT HUNDRED THIRTY SIX DOLLARS AND NO/100 $9,836.00
PART B. Labor and Material Bond:
NINE THOUSAND EIGHT HUNDRED THIRTY SIX DOLLARS AND NO/100 $9,836.00
PART C. Checking and 'Inspection Fee:
FOUR HUNDRED NINETY TWO DOLLARS AND NO/100 $ 492.00
PART D. Indirect City Expenses:
SEVENTY FOUR DOLLARS AND NO/100 $ 74 .00
PARTE. Development Maintenance Deposit:
FIVE HUNDRED DOLLARS AND NO/100 $ 500.00
PART F. Storm Drainage Fee:
ONE HUNDRED NINETY FOUR DOLLARS AND NO/100 $ 194 .00
PART G. One Year Power Cost:
THIRTY SIX DOLLARS AND NO/100 $ 36.00
PART H. Street Trees: By Developer
PART I. Map Checking Fee: N/A
•
PART J. Park Fee: N/A
PART K. Water Main ExtensisnxiDeptmatm Reimbursement
TWO THOUSAND EIGHT HUNDRED EIGHTY EIGHT DOLLARS AND NO/100 $2,888.00
PART L. Maps and/or Improvement Plans:
AS SPECIFIED IN ITEM #23
1
PART M. EMPIRE AVE. STREET IMPROVEMENTS REIMBURSEMENT
EIGHT THOUSAND TWO HUNDRED FIVE DOLLARS AND NO/100 $8,205.00
NOW, THEREFORE, IT IS HEREBY NUIUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. DEDICATION
A. The DEVELOPER offers to dedicate the real property shown on
Exhibit "A", which is attached hereto and made a part hereof by reference.
Said dedicated property shall be free and clear of all liens or •
encumbrances except those which the CITY shall waive in writing. The
DEVELOPER agrees not to revoke said offer of dedication, and to keep said
offer open until the CITY accepts offer by resolution.
B. Upon execution of this AGREEMENT the DEVELOPER agrees to
deliver a properly executed grant deed to the CITY of the real property
described in Exhibit "A", and such other executed conveyances, or
instruments necessary to convey clear title as herein required. The
DEVELOPER shall provide, at the .i a •PER'S sole cost and expense, to the
City:
(1) A preliminary title report issued by a title insurance
company relating to the property offered for dedication.
(2) A standard policy of title insurance issued by a title
insurance company and insuring the CITY in the sum of: N/A, and
which shall show said property free and clear of all liens or
encumbrances except those as the CITY shall expressly waive in
writing; said policy shall be furnished at the time of acceptance
of dedication and recordation of deed.
C. Upon the condition precedent that the DEVELOPER shall
perform each and every covenant and condition of this AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete 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 Engineer. In the
event the DEVELOPER fails or refuses to complete the Work within the
specified period of time, the CITY, at its sole option, shall be
authorized to complete the Work in whatever manner the CITY shall decide.
In the event the CITY completes the Work, the CITY may recover any and all
costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or
both.
B. The DEVELOPER shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the City
Engineer of Cupertino. The<Work shall be done in accordance with existing
ordinances and resolutions of the CITY and in accordance with all plans,
specifications, standards, sizes, lines( and grades approved by the City
Engineer. The Work shall be done in accordance with all .State and County
Statutes applicable hereto. The decision of the City Engineer shall be
final as to whether any material or workmanship meets the standards,
specifications, plans, sizes, lines and grades as set forth.
'op os og
ea,TTE; SaiHdOIStiaa egg .xo; ]LLD egg SjFuumpxt estmx944o ao St 20? snp.
uuo;aed og Means egg uo Tiro Timis ]LLD etig 'pe pnbez uTazaq sgu9tranozdurn
Sue ao 'wet ;o aoTgeoFpaP Sue ao 'guazApd Aue eXee og ao 'Std sptg
;o SUOfltpuoo pue sgueueico e4; taxoazed og ATTn;tAFe; TTe; Timis 2t adv 3a
egg gn guava egg uI 'Amaro ans og SE zeeuT&Q AgT3 attd Aq Pur azo;
og se Seuaogg. Alio egg Sq patozddp eq gsrnu pup epuzo;FTe3 ;o egegS egg
uT Ss9UFSnq Agaxns E 40esU244 og peZFaotpne Aueduno Slams E Sq pagnoaxa
eq new spuoq PTes •flettF&a AITO aqg Aq pegPuBTsep se eq Timis spuoq
Pies ;o guna¢e auj 'sguattanaadutT pies gonxgsuoo og pezFniaz steTaa eta pup
aOgeT TTe ao guauArd ung aau^se og egmbepr Wats TEued E uT puoq ste p/0gmut
puE zoget a ]LLT° egg tCgpn eTF; 'eourouo;.zad Triggo;e; ppm og uoFgtppg
uT 'Tugs monaAfla Ott; 'SIS STgg zapun apwt eq og axp sguaurannzdurc
gmig guava egg UI .anawasem eTgg ,zapun spent eq og sguauranozdun
Aue ptte 'PagnFpep eq og Paaibe purr Aue ;o swum egg iagguaatioy
sTttg rerun sprat eq og guaut<Crd Sue ;o gsoo Tug egg eq Timis puoq
eoueuao;sad tNRPTegPFTs ;o uns !wad euL WOZMAVV sFtt; ;o ease txo;.zed
TRIzign; cue Ting sp eat sse og puoq eouuazo;aed TnaugTe; p ALIO art} t(gTM
etc; this 1II30IIA3a arta 'Sg1ICE01:7Y s}gg ;o uoTgnoaxe ort; uodj •y
AlIurDas 213RTD ON SMOG 'S
'ezngetbTs zo; uTg og peguesazd uagM 'LLD ;o amp; u[ „tmfgeztaoggny
Pue Pee° 11112TawFtoo a agncaxe og seazbe USdOINA2C1 cue goacozd pias
ggreuaq fuTST egesgs pan egg ata; zagwM goeagxe og uoTgezTaogine
AMID og gueI6 Tints We 'UT sgsazagttT Pur 2-446T1 SLq Tie urFeIoq nb nmis
'ASSO egg Aq Pegsanbez uati i 'mamma egg 4044 peaabe sawn; sT gI
a ICYI IanD •b
•SCuaIDUDO og ST UOTlEAPDXO
pasodczd egg uetit emTg Pup agep galore egg ;o zaaUT&a SgTO egg SmTgou
TTmts &ta lav egg ;egg paazbe gagging sT ;i •eoeld oTTgr d aett;o ao
'flopts 'Sarre 'suet 'gaaxgs oFTgrd buFgspce Sue ;o eoe;ans egg zapun ao
'uo 'uT uoTgeneoxe Atte ;o guatueouatut®o ort; azo;aq .xaeu aIS AgTD egg ;
g taxad uo-pp.mooca ue buTuFeggo Aq AMD 044 ao OCT 'ON eareu'pxo ;o eaagy
UOPOOS 44FM ATdttro netts Einar eg; ;egg Peazbe aatgang sT gI
MUM NOIIVAv7°3Ca •C
•SUoTgaod buTgoTT;uoo gins ;o nen uT pesn eq pup aero aouepeoazd axe;
This 40TagsTa AzeTpxes ouTgzadro egg ao/pue AILD egg ;o SUOTgeoT;Toads
egg 'gpTzsia AlegTues arpzadro egg zo/pue AILD egg ;o suotgeoT;-roads
egg Pie suoFgs0F;F S 04049 egg uaazgeq goyt;uoo ;o esr.7 uI
'zoetrbf a 5 TO an Og buTasa;az
se p aepTsuoo eq netts gF 'Psuopguau sT „sxzoM oFTgnd ;o aogoaaTa„
ao „zogoarTa„ Ottg ama2egr osis :ouFgaadro ao AJaa egg og fuTaaa;az
Be pazeptstmo eq Timis PT 'SUOF4e0F;FZCLS egegS egg uT peuoTguaut
84E „sArau4BTil ;o uoTsTATQ eTuaonteou ao uagegsu spao' egg aanaaegM
de
go-agsTo AregFues ouTgzadro egg ao suo eD Toeds pm mus xo a uT
We 'nu/o;FTep ao °legs 'tro xy Fa, egg ttgFM omeoo B) uT
Tgrgzodsttezy ;o guatuazpdaa eTtuo;FtE° sxzOM
oFtgnd ;o guemzedaa egg ;o suoTgeoT;Foats pxep logs qua ano gaga egg tt}TM
eouppz000p uT euop eq ttet s xaoM egg gets; peazbe aeggatg sT ;i •o
B. In lieu of a"surety bond, the DEVELOPER may elect to secure this
AGREFi4 ?P by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified check payable to
the order of the City of Cupertino; or,
3. A certificate of deposit, or instrument of credit meeting
the regairensnts of Government Cade Section 66499 (b) or
(C) .
C. The amount of said cash, checks, certificate of deposit, or
instrument of credit shall be as designated by the City Engineer, and
shall be the equivalent to that which would have been required had the
DEVELOPER furnished the CITY with a surety bowl. In the event that the
DEVELOPER shall fail faithfully to perform the covenants and conditions of
this AGREEMENT, or to make any payment, or any dedication of lard, or any
improvements herein required, the CITY may apply the proceeds of said
security thereto.
D. No release of surety band, cash deposit, check, or certificate of -
deposit, shall be made except upon approval of the City Council.
E. No interest shall be paid on any security deposited with the
CITY.
6. C ECIC NC AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking, etc. , incurred by CITY in
connection with said Project, and that DEVELOPER shall have deposited with
CITY, prior to execution of this AGREEMENT, the amount 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 Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
7. INDIRECT EXPENSES
•
It is further agreed that DEVELOPER shall pay to CITY, prior to
execution of this AGREEMENT, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. MAP CHECKING FEE •
It is further agreed that the DEVELOPER shall deposit with CITY, prior
to execution of this AGREEMENT, for office checking of final map and
field checking of street monuments, in reliance with Section 4:1 of
Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth
herein at Page 2 (Part I) .
•
9. DEVEnDPMENr MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREFN NP, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and cleaning during the constriction period. The development
maintenance deposit may be utilized for repairs of defects and •
imperfections arising out of or due to faulty workmanship and/or materials
appearing in said work during the period until release of the improvement • .
bonds by the CITY. Shand the DEVELOPER complete the required repairs to
the entire satisfaction of the CITY, the unused balance will be returned
after the release of the improvement bowls.
10. STORM DRAINAGE FEE
' It is farther-agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREEMENT, a storm drainage charge in '
connection with said Project in accordance with the requirements
established in Resolution 4422, March 21, 1977, in the amount as set forth
herein at Page 2 (Part F) .
11. WATER MAIN EXTEtNSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies •
• required to comply with "Policy on Water Main Extensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until said "
monies are needed to implement improvements outlined by the Director of
Public Works or improvements outlined within the adopted Water Master
Plan.
The amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR POWER cosi,
It is further agreed that the DEVflCPER shall pay to CITY 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.
13. THE =ON OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer, plant street trees in conformance with
the standards of the City of Cupertino. Variety of tree shall be selected
from the City approved list.
14. PARK b'r t
It is further agreed 'that the LEUIIOPER shall pay such: fees and/or
dedicate such land to the CITY, prior to execution, as is required within
"Park Dedication Ordinance" Number 602, 1972, and which is further
stipulated under Part J, Page 2 herein.
I •
L
•
'a-meAed Pitt anp axe saa; Pres amp Aue®o TIIti3 OLITJ'dd zo/pue Aueduurj
DT44oaT3 put s D oT;Totd a43 zo saau?fua App a'1 zaglTa A4 raT;T40u
sT lad= uagM ASID ;o TEE '0N HOutuTPao uT PePTA04d se fulTunathrePun
. zo; pazTrtbaz sae; Ire pue Aum put Apradaad pies umpTrt SaaTToapaaTa
TTe oa s xr ozT0 butztn 'pixtabav zm zo/pue peatiaano ;o uofleTTepstrt zo3
Pear roan saa; TTe pue Aum Atted000 %Lisa DI3MDVd 04 a0/174e Autc103 DTz4oT3
pue stip 0T;r02d op Aad new tiad073A3U ow; raga paazbe zatpxn3 sT 42
71203 3Lalovatmu D2fl UN? S' D DIA:MVO '61
's4utzpAu
pies ;o aa; Teeuaz zeaA (g) axT; pue uoTawn'epsuT aaistrr o4 poTz4sTQ Pres .
t Tn paptsodep uaaq aneg saa; Axessaaau Tia 4tg4 bttvaeps put 30acozd pies
anaas 04 sptrnapAt/ a-TT; Tle4suT rr3rot rt p!eo t/4Tn M314321EDYt e Drug
pasaqua set/ ZIIdot aj atT3 4ett3 &rT4eas 'A4uno0 eae1J e3ueS ;o 40T73sTa
uo74.0s4 zd a413 Ttlaueo at w x3 aa44aT a 'SNEGJ'd sTgp ;o uoTanoaxe
uodn 'AMID agg t44pt aTT3 nap Ezracnaa atl4 4eR3 paaxbe aagaIng sT 41
• MD= ;artT.T 'Ivui r '131
•t/3TM paTTd1VDo uaaq 9A24 'swat ao spuarssasse moads
op &rturegzad 'dt..JJ 3uaau no-D a43 3o b za4dtgJ 'B aTo'lzti 'C6 '99 uorapaS
;o suoTsTnoad Tie 4e144 aouapTna Tenuepsgns ', 7y srq ;o uorgttoexa
uo±t 'AMD 114TM DTT; TTegs umoua L'aa 4243 paazbe aellaa t3 sT 4I
• • 3Gr StLa .ACO 'LT
'pagg; trda4 set/ anoce fl ydezbezed
LIT tr4.zog pas se suotsTnazd at4 't pTn aoueutzoguoo uT tiaras Aze4tues pies
;o aotreusptrreu axnsut op pue szaMas A'xe;lues pies egp so uo-ponr,suco et./;
;o aouewzog ad Tn;tT4re; pie ung aznsuT op puoq e gag; btrraeps pue 40a Cn.d
Pres uTt1aTM s'40T IT-2 anaas op szaras Aze4zues TIe-art 04 ZOTz4st0 PTes
atfl taTM aL earaudes a opuT pazaata seg h3d0'L3ASO ati''4 4et44 EuT4e4s
aoT.rsTu AztptueS otrflaadr0 titin 1>14z3 za44aT e 'j Ti 7d slit-4 ;o uoTanaaxa
uudn 'inc t/4-TM aTT; TTecS 2ranaa at/a 4t3 Paaa52 am/;in; sT 4I
Iona XW CZN"S '91
'xzoM Pres uT btrnzeadde stew-arm zo/pue dTt streuD1zoM
AaTne; 04 enp zo ;o ;no baTSTxe suoTpaa_zza&ZT put s3Oa;aP TTe 'T.,T,%1 PTeS
;o up-pp-pugs-cats azr}ua at/4 04 pie '0uT7zadnD 3o A4T0 ago uoT4tbTT40
„^
zo aso anoyfp' 'aoetdaz zo rTedaz ATaprtpawrr ';oaaat aoraou ueparan
uocn 'TT-2t7 1132(712 A20 atty •xzoM atm. 30; smtatoTaroads pue spzrpueas A3.TO
aur Pue suet& ata op trzo;uop oa Paaoazzoo ate xzoM alta tet saTotraToT3aP TTe
TT4un xzoM 9t/4 uTeptrreut Ttais Imam baa atm rug; peazbe aaqqata ty 4I
• • >MOM 30 s"7. Th�C33dSdy/ 'SI
•spuanahoadurT U0ISTATpans ago ;o eoueadazoe c; zoTad apew aq
TTS saua+4sncp' 'sAep (0E) Aa.Tti3 uTgwTe abeaano purgaz op saatbe A4T0
asp Put sap (oc) A4•'Tti3 trgqp.T.micuaToTgap Atm zo; Led o4 saaabe xadoTanaa
aqI 'Tesp2dde atm uo peseq na03 'gran agp a4eTroTto TTp' A .T0 aum 'cue"
stip ;o anTan pas/xeu a apTnoad op .7asread& TQooT paTmenb a AoTdtua nags
XIIo atLG •u0T4e1zzT;uc0 Tttrzo; sazrrtlraa 'j' 4zed 'z abed uo trrazat:/
peuuratto naa3 N.xean a43 buTlisTIqeasa uT Pasts cue' a'44 ;o anTen eta
SNOIS ADEO SNai.n ]iuv 221 XE'dd 'V-7T
• 20. EAS91E2CS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of-way necessary for
completion of the Project shall be acquired by the DEVELOPER at his own
cost and expense. It is provided, however, that in the event eminent
domain proceedings are required by the CITY for the purpose of securing
said easement and right-of-way, that the DEVELOPER shall deposit with CITY
a sum covering the reasonable market value of the land proposed to be •
taken and to be included in said sum shall be a reasonable allowance for
severance damages, if any. It is further provided that in addition
thereto, such sums as may be required for legal fees and costs,
engineering, and other incidental costs in such reasonable amounts as the
CITY may require shall be deposited with the city of Cupertino.
21. HOLD HARNESS
It is further agreed that, commencing cing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the completion of
the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless
and defend the CITY from and against any or all loss, cost, expense,
damage or liability, or claim thereof, occasioned by or in any way
whatsoever arising cut of the performance or nonperformance of the Work or
the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S
agents, employees and independent contractors.
•
22. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or shall
require any contractor engaged to perform the Work to take out, and
maintain at all times during the performance and maintenance of the Work
called for or required to be done hereunder, a policy .of insurance naming
the CITY and members of the City Council of the City of Cupertino,
individually and collectively, and the officers, agents and employees of
the City individually and collectively, as insured. Said separate policy
shall provide bodily injury and property damage coverage to the foregoing
named CITY and individuals covering all the Work performed by, for, or on
behalf of said DEVELOPER. Both bodily injury and property damage insurance
must be on an occurrence basis; and said policy or policies shall provide
that the coverage afforded thereby shall be primary coverage to the full
limit of liability stated in the declarations, and if the city, its
members of the City Council individually and collectively, and the
officers, agents, and employees of the 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.
A. Each of said-policies of insurance shall provide coverage in the
following minimmu amounts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. The DEVELOPER shall file with the City Entgineer at or prior to
the time of execution of this AGREEMENT by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies shall
bear an endorsement precluding the cancellation or reduction in
coverage without giving the city Engineer at least ten (10) days
advance notice thereof.
C. In the event that the Project covered herein should be mutually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision. •
23. MAPS AND/OR IMPROVrtENT MANS
It is further agreed that the C.LTW shall obtain the following map
and/or plans at the DEVELOPER'S expense:
A. A mylar sepia and seven (7) prints of fully executed parcel map.
B. A mylar sepia and ten (10) prints of fully executed improvement
plans.
C. A direct duplicating silver negative microfilm aperature card of
all executed improvement plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance
deposit the cost for all prints of plans and map required under Item 23.
24. SUOCES,SQLtS. . •
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferrees of the DEVELOPER. The assignment of
this AGREEMENT shall not be made without approval by the City Council of
the City of Cupertino.
•
•
coavcc9MSK9N9Ceror.5cc9 ?xoctnc<0
2 1661'LL sun,'sandx3 uolsslwwoD AWcg AINf1OD V1V1D V1NVS
2G ]
8
VINlIOdIIV)-MAN ANV1ON f7, t31NNV Vl130J f %2
ryas IHIOSIO
G:AGrRGY9GT9G;Qa,G7caG.7GG:9GN0.•7GR7G.
Teas TeToT330 pLIE PilE4 Am sseuvM
•4T pa3noaxa q.sug pabpaimouspe
pue ';uaumz}sui sTgq. og pecuaosgns ,--nv.r (s)auLeu esott (s)uoszad e14 act o•}
aouapTna Azogoe;sTges 3o sTseq eq uo em oq panoad
em o} uzoux ATT2uoszed —
pazeadde ATTeuosaed 'OTTgnd Ale4ON pauerc p 'a3ToM uul' aagoa 'am
aao;eq ' 0 d 6 /.ze'a�L ayq uT ' „'/ rin'- 3o Cep r/ s u0
fT0 ewes 3o Aquno3
•
tlulogITI20 3o e E4S
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its Mayor arra City Clerk, thereunto duly authorized by resolution of the
City Council and said DEVELOPER has hereunto caused his name to be affixed
the day and year first above written.
CITY OF CUPERI'INO:
Approved as to form: ' /ha_ G - Jet/ 2
Mayor
City Attorney a Y/
City Cler�/7-7—Fv
DEVELOPER:
a
Notary Acknowledgment Required fir— 70
TAis form is ® The Exchange or Company designated on-the reverse side as number 11
issued by: 0
>• A stock insurance company.herein called the company. Cary and Stale
E-4158
NNamed Insured . 1st Edition
a
SUI HWU & JON—FWU HWU
• 1140 TANGERINE WAY 96 63 389 90844 14 73
• SUNNYVALE CA 94087 Agent Policy Number
Effective 9-20-90
PART I CERTIFICATE AS TO EVIDENCE OF INSURANCE Al APPLICABLE 0 APPLICABLE
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.
COVERAGE IS INDICATED BY AN "X" LIMITS OF LIABILITY
% Bodily Injury&Property Damage Liability $ 500,000 each occurence
• Location of 10244 EMPIRE AVE
Property or CUPERTINO CA 95014 -
Equipment -
•
$ retained limit
• Umbrella Liability $ each occurrence
POLICY NUMBER
- $ aggregate
Description YEAR AND TRADE NAME • IDENTIFICATION NUMBER
of LAST 3
DIGITS
Equipment SHOWN
This certificate is subject to all of the termsrconditions and limitations set forth in the policy(ies)and endorsements attached to it. It is furnished as a matter
of,information only and does not change, modify or extend the policy in any way. It supersedes all previously issued certificates.
PART II • - ADDITIONAL INSURED ENDORSEMENT II APPLICABLE ❑ APPLiECABLE
We agree with you that the additional insured named below is covered for Bodily Injury and Property
Damage Liability arising from acts or omissions of the insured or insured person as owner or who has care, custody
or control of the insured property or equipment described above.
The coverage provided by this endorsement will not apply to:
a. liability arising out of the negligence of the additional insured named below,
its agents or employees, or - • /
b. any defect of material, design or workmanship in any property or equipment.
The additional insured shall not be construed or deemed to be a subscriber to the Company issuing this policy.
The additional insured shall not be or become liable for any premium payments due upon this policy.
• The insurance afforded by the policy described above is subject to all terms of-the policy and any endorsements attached.
to it. This endorsement does not increase the limits of the policy.
Upon cancellation or termination of this • •
policy or. policies from any cause
we will mail 10 days notice in
writing to the other interest shown below. '
THE CITY AND MEMBERS -OF THE CITY COUNCIL
Additional • CITY OF CUPERTINO OF THE CITY OF CUPERTINO INDIVIDUALLY AND
Insured •10300 TORRE AVE COLLECTIVELY AND THE' OFFICER, AGENTS AND
• CUPERTINO CA 95014 EMPLOYEES OF THE CITY INDIVIDUALLY *AID
COLLECTIVELY. , .
• /-A=teI@M;aM
• Countersigned
i pI(WN
190 INSUREDS'COPY Authorized Sign G-90 151
•
• ''FARMERS INSURANCE GROUP OF COMPANIES
The following are inter-insurance exchanges sometimes referred to in the certificate, when issued by
either of them,as the Company:
1. Farmers Insurance Exchange, 11. Fire Insurance Exchange,
Los Angeles,California - Los Angeles,California
The following are stock companies referred to in the certificate,when issued by any of them,
as the Company:
3. Mid-Century Insurance Company *4. Illinois Farmers Insurance Company
Los Angeles,California - Aurora,Illinois -
*5. Farmers Insurance Compahy, Inc. ` '6. Farmers Insurance Company of Idaho
Shawnee Mission, Kansas - - - Pocatello,Idaho -
•7. Farmers Insurance Company of Arizona *8. Farmers Insurance Company of Washington
- Phoenix,Arizona - - - - Vancouver, Washington
'9. Farmers Insurance Company of Oregon
Tigard,Oregon
•
'19. Farmers Insurance of Columbus,Inc.
Columbus,Ohio -
Not licensed or operating in the states of Kansas and Colorado
•*Not licensed or operating in the state of Colorado
.
•
1
t y
•
' ""' STANDARD FORM FIRE INSURANCE POLICY
uRu1 - - -
7Pdk vim• I SPECIAL BROAD BASIC
[� ❑ ❑ NON-SMOKER
o - FIRE INSURANCE EXCHANGE, LOS ANGELES, CALIFORNIA
Policy Period Declarations P..eflect
From (not ADO E4158
prior to Loan
time applied AGENT—RAY CHENG—PH 408/238-0123 No.
for) 9-20-9dpTo 09-2D-91 at 12 D1 AM Standard Time at described property location_.
F7 N checked here,this policy will continue for successive pokey periods as follows: If we elect to continue this insurance,
we will renew this policy if you pay the required renewal premium for each successive policy period subject to our
premiums, rules and forms then in effect. You must pay us prior to the end of the current policy period or else this
policy will expire. If a mortgagee is named in this policy, we will continue this insurance for the mortgagee's interest
, for ten days after written notice of termination to the mortgagee and then this policy will terminate.
Policy Number
Named SUI
& JON—FW
mailingsAY
WUU HWU F 0844 14 73
Inure & SUNNYVALE CAN94087 Agent
Address
Address 96-63-389
Mortgagee
We provide insurance only for those coverages indicated by a specific limit or other notation.
Premiums, Perils insured against, Coverages provided RATE Premium Total Prepaid
PerilsArab. 1 Premium
Insured 135.00 Fire and Lightning
Against; — 71-00 Extended Coverage
Coverages; INCL SPECIAL FORM — BUILDING
Premiums 29.00 PERSONAL LIABILITY
(.5)
Location (if other than above)and Description of Property Covered.Dwelling Limit of STATE GUAR..
is of frame or brick veneer construction and contains one family unit unless Insurance(s) FUND 2.40
otherwise specified.
Location DWELLING AT
and 10244 EMPIRE AVE CUPERTINO CA 95014 150,00E
Property NO COVERAGE ON PERSONAL PROPERTY
Description
90
1 OR 2 FAMILY DWELLING OWNER—OCCUPIED I
eductible S 250 In case of loss under this policy we cover only that part of the loss over the deductible stated. This deductible
applies separately to the amount of loss to each described location including personal property contained therein.
Subject to the following Forms and Endorsements
DP3 9-83 E4136 2E0 DP300 3-88
Mortgagee's DP0043 6-79 E4158
Policy 1 P.O. She Inure
Mailed To PLEASANTON, CA 9456 Date 10-24-9G
This declarations page Is part of your policy. It supersedes and controls anything to the contrary. It iso erwise subj.: to all other
terms of the policy.
Countersigned
See reverse side for Lender's Loss Payable End. 0—DETACH HERE 'uthor ze' Representa ive
1.510312$9_ 650/C _ __ ___ __ K601
IAKE CHECK OR MONEY ORDER PAYABLE TO: FIRE INSURANCE EXCHANGE X
PLEASE WRITE YOUR POLIC U : ' ON CHECK
Po icy Number
From 09-20-90 To 09-20-91 at 12 01 AM Standard Time at described property location. F90844 14 73
Loan No.: Agent (t 96-63-389
Mail RemittanieTo:
P.0_ BOX 1817
PLEASANTON, CA 94566
820396908441473007630000000G
Named S & J—F HWU ST GUAR & PREV SAL $ 76-30
Insured & 1140 TANGERINE WAY Premium $
Mailing SUNNYVALE CA 94087 $
Address Payments or Credits $
tggk Total DUE ►$ 76.30
I ❑Premiums are paid annually
INVOICE -PLEASE RETURN WITH PAYMENT unless "x'd" here.
Any "total" balance or credit $5.00 or less
Your returned check Is your receipt. C/ l i :11 ., r a ., .,."".� tirm"" FIRI
.^.4' . .. _
•
•
The endorsement shown below applies only if indict Declarations on the reverse side.
Furthers it applies on} to bur dna,', , tr..re uhc',y :f, :s A and B As to Coverages A and B, it replaces the Mortgage Clause in Section
I Condition,, of the rn irr Form 438BFU NS
LENEEfl'S LOSS PAYABLE ENDORSEMENT (Rev. May 1, 1942) x
1. Loss or damage if any, under tips ea e., sea,: be paid to the Payee named in the Declarations of this policy, its successors and
assigns, hereinafter referred to a; hi; ' ,er t;rm or capacity its interests may appear arid whether said interest be vested
in said Lender in Its'^d r,.+i or, e ,; c . r; c ';representative capacity,or otherwise,or vested in a nominee or trustee of said
Lender.
2. The insurance under tins polite "Jr:;of rice r, erup's0;nent attached thereto, as to the interest Ugly of the Lender. its successors and
assigns, shall not be invalidated nor suspended ,e, 0, an, error omission. or change respecting the ownership, description, possession,
or location of the subject of the msurarce or the ,^.- est t'ir'e n r tee title thereto. (b) by the commencement of foreclosure proceedings or
the giving of notice of sale o' any of the properly co.r:ree by 'his policy by virtue of any mortgage or trust deed; (c) by any breach of
warranty, act, omission, neglect, or non camp' n' e v:'tr any et 'he provisions of this policy. including any and all riders now or hereafter
attached thereto, by the named insured. the ocr o,,er. "ortgegor trustor.vendee owner, tenant, warehouseman, custodian. occupant, or
by the agents of either or any e`"teem or u; the nue—in; ct ar,j event permitted Py them or either of them, or their agents, or which they
tailed to prevent, whether cccurnnd before r after he elle-eh—en; of nus endorsement. or whether before or after a loss, which under the
provisions of this policy of insurance or n' any ricer or enuor emen1 attached thereto would invalidate or suspend the insurance as to the
named insured, excluding nercirc,n re-:aecv c / errs cr crnlss ons of the Lander while exercising active control and management of the
property.
3. In the event of failure of 'he insured to Pay prcr :cm or additional premium which shall be or become due under the terms of this
policy or on account of any change in orcuparr,, r increase in hazard not permitted by this policy. this Company agrees to give written
notice to the Lender of such non-payment of prem ren, alter sixty 160) days Iron, and within one hundred and twenty (120) days after due
date of such premium and it is d condition at Pie continuance of the rights of the Lender hereunder that the Lender when so notified in
writing by this Company of the 'aiiure of the :7 a to uay such premium shall pay or cause to be paid the premium due within ten (10)
days following receipt of the Career''s demand in .,.rit;rq Ike e'er If the Lender shall decline to pay said premium or additional premium,
the rights of the Lender under this Lerdar 5 Lo:s P,yabie Erdorsement shall not be terminated before ten (10) days after receipt of said
written notice by the Lender
4. Whenever this Company shall oa; to 'no Le' : ,; sir, fn' o',s or carnage under this policy and shall claim that as to the insured no
liability therefor exists, this Company st !ts option .04 pay to the Lender the whole principal sum and interest and other indebtedness due
or to become due from the insurce. wnetner sccuw7e or unsecureu, (with refund of all interest not accrued), and this Company, to the
extent of such payment. sha.i tnereupor. recc .e. g ,or l and Lansfer, without recourse, of the debt and all rights and securities
held as collateral thereto
5. If there be any other insurance upon the wenn) described property. this Company shall be liable under this policy as to the Lender for
the proportion of such loss or damage that the sum hereby insured hears to the entire insurance of similar character on said property under
policies held by, payable to and expressly censer ee to uy the Lender Any Contribution Clause included in any Fallen Building Clause
Waiver or any Extended Coverage Endorsement ettacred to this contract of insurance is hereby nullified, and also any Contribution Clause
in any other endorsement or rider attached to this contract of insurance is hereby nullified except Contribution Clauses for the compliance
with which the insured has received reduction in the rate charged or has received extension of the coverage to include hazards other than
fire and compliance with such Contribution Clause is made a part of the cots,deration for insuring such other hazards. The Lender upon the
payment to it of the lull amount of its cairn vim f'ubrogute to s Company (pro rata v,dh all other insurers contributing to said payment)to all
of the Lender's rights of contribution under said other insurance.
6. This Company reserves the right to cancel this policy at any time, as provided by its terms. but in such case this policy shall continue
in force for the benefit of the Lender for ten (10) days after written notice of such cancellation is received by the Lender and shall then
cease.
7. This policy shall remain in full force and effect as to the interest of the Lender for a period of ten (10) days after its expiration unless an
acceptable policy in renawar the'eof its .oss thereunder payable to the Lender in accordance with the terms of this Lender's Loss Payable
Endorsement. shall have been issued by some insurance company and accepted by the Lender.
8. Should legal title to and beneficial ownersnip of any of the property catered under this policy become vested in the Lender or its
agents, insurance under this pe,cy shall continue lc- the term thereof for the benefit of the Lender but, in such event, any privileges
granted by this Lender's Loss Payable Endorsement winch are not a so granted the insured under the terms and conditions of this policy
and/or under other riders or endorsements attached thereto snail not apply to the insurance hereunder as respects such property.
wo 9. All'nofices`herein provided to be given by the Company to the Lender in connection with this policy and this Lender's Loss Payable
,Endorsement shall be maned to or delefered to the Lender et"ts office or branch described in the Declarations of the policy.
'Approved. Board o1 Fire UnJery rners cf lee Pacific
California Bankers Asso at o^.