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90-042 Bruce Irwin, Carl Zanger, Referral Realty; Improvement Agreement; APN 359-23-012; Resolution No. 8306 - • AGREEMENT KIRWIN LANE, PARCEL NUMBER 359-23-012 2058o 4 • Zo59M This AGREEMENT and entered into this day of , 19 , by and between the CITY OF • CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and BRUCE IRWIN C:g2L F. 7.4PCc6c2 hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY for a PARCEL MAP AND BUILDING PERMIT to construct and maintain - TWO SINGLE FAMILY DWELLINGS hereinafter referred to as "Project." . WHEREAS, CITY hereby approves the improvement plans and specifications prepared for;the Project by . JENNINGS, MCDERMOTT & HEISS . a true copy of which improv®nent 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." 51,906 • WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Borns, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEIYISITS Street Improvement Category: PART A. Faithful Performance Bond: $11,000 Eleven thousand dollars and no cents PART B. Labor and Material Bond: $11,000 Eleven thousand dollars and no cents PART C. Checking and Inspection Fee: $550 Five hundred fifty dollars and no cents PART D. Indirect City Expenses: $83 Eighty three dollars and no cents PARTE. DevelopmentMaintenance Deposit: $1,000 One thousand dollars and no cents . PART F. Storm Drainage Fee: $516 Five hundred sixteen dollars and no cents PART G. One Year Power Cost: N/A PART H. Street Trees: By Developer PART—I. Map Checking Fee: $210 Two hundred ten dollars and no cents PART J. Park Fee: - $31,500 Thirty one thousand five hundred dollars and no cents PART K. Water Main Extension Deposit: N/A PART L. Maps and/or Improvement Plans: 51,906 • NOW, THEREFORE, IT IS HEREBY MUTUALLY 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 encwnbrances 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 AGREEKENT 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 DEVELOPER'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 ccmpany and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or emnsam ances 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 AGREDIENNT, the CITY • agrees to accept said real property offered for dedication. 2. INSTAT?ATION OF WORK It is further agreed that.: A. The DEVELOPER shall install and complete the Work within one (1) year frau 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 frau the DEVELOPER 'or the DEVELOPER'S surety or both. • B. The DEVELOPER shall install and ccmplete. 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 derision 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. • • C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino;• also wherever the "Director" or • "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the QTY anal/or the CUpertino Sanitary District shall :. take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the comment of any excavation in, on, or under the surface of any existing public street, lane,alley, sidewalk or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water frac the underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER SEC%RITY A. Upon the execution of this AGREEMENT; the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any lard agreed to be dedicated, and any improvements to, be made under' this AGREEMET. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sumadequate to assure full payment of all labor aid materials required to construct said inprovements. The amount of said bands shall be as designated by the City Engineer. Said bonds shall be. executed by a surety caupany authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form aid 'by the-City Engineer as to sufficiency. 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 land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. • • • (I na) Z abed gE uTazag q4203 4aS se guncce egg 'AMID 30 (T9/40/ZT PesTAsa) L4 •oN 90=17110 3o T:4 uoT4oes 1.14pp eouendmoo -u- , 's}uaumu0u[ wens 30 &IPPBtP Piei3 • P0E dent Tw ; 3o buixoem eoT;;o 20; 'Std sTg4 ;o uoTgnOaxe 04 . =Tad 'Liao gq.p t 4TSOdeP TTT'4s man= eq ;egg pesabE roman; sT 41 • $32 90 dV1I '8 • (a fid) Z abed ;e upaeq t .zo; 4es se ;unome egg seguamensadurr eseti} &rTsseonzd o4 eT4eooTTe esuadxe 4oarTpuT 'IU214222Dv sTm. 3o uoT4noexe og aoTad 'Lyn .04 ad netts ZIIdatilA23 4eg4 peea5E aaggzn3 sT 4I s3SNaaxa =MUNI •L V 'graham 4Tnsea E se buTMo Ppm enp tuns TeupTgl.ppe Aum 3o ZIIaa'IIAaa A3ipou rpm aaauibua AgTo egg 'pegetnot o sT tuns Piss goTtit ow; e4EurTgse egg arms ATTeT.r4iam Ann gsoo uoTlonagsuoo PTL10.S • (o ;zed) Z abed 4e uTazeq tpao; as se gunome eq} 'amaimmy sTg4 ;o uoTgnaxe og aoTad ,Aaa3 g4TM Pe4Tsod9p ane<i TTT'4s Man:2A2a qui} pue. 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DEVELOPMENT MAINZ NCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREE'IENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction 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. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance wilt be returned after the release of the improvement bores. 10. STORM DRAII•TGE EEE • • • It is further 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 EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CSTY 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 COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the annmt as set forth herein at Page 2 (Part G) , which anoint represents the power cost for street lights for one year. . 13. THE INSTALLATION 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 FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such lard to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part 3, Page 2 herein. . 14-A. PARK FEE ADMCS-BENT FFOTISIONS • The value of the land used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires formal confirmation. The CITY shall employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" based on the appraigai . The Developer agrees to pay for any deficiency within thirty. (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision.improvements. 15. MAM4TflThNCE OF WORK - It i5 further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standards and ,specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the,• city of Cupertino, and to the entire satisfaction of Said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing' in said Work. 16. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of .this AGREEMENT, a letter from the Cucertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with, the provisions as set forth in • Paragraph 15 above has been filed. 17. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Cade, pertainirg to special assessments or bonds, have been colied with. 18. CENTRAL I.a.eE DISTRICT • It is further agreed that the DEVEIOPER shall file with the CITY, upon execution of this AGREEMENT, a letter fry the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGR1T with said District 'to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. • 19. PAc iriC GAS AND ELECTRIC/PACIFIC BELL it is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PAuric FVrs, Company any and all fees required for installation of overhead and/or urdargrourd wiring circuits to all electroliers within said property and any and all fees required for - unden7rourdirx3 as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the. City Engineer or the Pacific Gas and Electric Company and/or PACIFIC HELL Company that said fees are due and payable. -, • J , • • 20. EASEMENTS 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 arra 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-gray, 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 HARMLESS It is further agreed that, ccamnencing 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 irdemmify, 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 out of the performance or nonperformance of the Work or the negligence or willful misconductof 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 aryl •collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy .shall provide bodily injury,ind 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 fury and property damage must be an 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 and lidividnally 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 F . • A. Each of said- policies of insurance shall provide coverage in the following minium 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 Engineer at or prior to the time of execution of this AGP 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 tf '.'insurance required herein and above shall co-name such municipality tsc 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. NAPS AND/OR 3XPROVEMENT PLANS It is further agreed that the CITY 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 aperture 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. SUCCESSORS • This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and traneferrees of the DEVELOPER. The assignment of this AGREEMENT' shall rot be made without approval by the City Cauucil of the City of Cupertino. STATE OF CALIFORNIA r CLike A-- es. COUNTY OF -5AAin' On this /0 7-71day of Q ECt M d E in the year 19 9 before me, the undersigned, a Notary Public in and for said State, personally appeared CALL F. zA-AlGtt 1 ,c341)cE W. ancv' Al , personally known to me (or proved to me on the basis of satisfactory evidence)to be the personi•whose name_? • il-Q-E subscribed to the within Instrument,and acknowledged to me that±he_Z q OFFICIAL SEAL executed It. `�' NO ARYP BLIC-CAHIRLEY A. LIFORNIA ZE 'p.nF sANracLARacouNry . WITNESS my hand and official seal., r j MY Comm.Expires July 21,1991 ` _ # g- (2...rice-7.2----'"< . At Notary 'blit in and or said State. ACKNOWLEDGMENT-General-WolcoIIs Form 233CA-Rev.5-82 ©1982 WOLCOTIS.INC. (Pre Class 8.2) • • IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. • CITY OF CUPERTINO: • Approved as to form: el" WW1" /yvth / ^ 7 City Attorney City Clerk DEVELOPER: Notary Acknowledgment Required �� i✓ 4 CERTIFICATE OF INSURANCE 96 9 p 6 5 2 4 "O 8 0 - PLEASE KEEP ON FILE' • This form is 2 The Exchange or Company designated on the reverse side as number 01 issued by: A stock insurance company,herein called the Company City and State - - When countersigned by an authorized representative of the Company, this certificate supersedes ony previously issued certificates and certifies that the above policy hos been issued to the insured for the coverage indicated:This certificate is.subject to all.of the terms,conditions and limitations"set forth In the described policy and endorsements thereto. It •is furnished as a matter-of Information only and does not change,modify or extend the policy in any way. - Insured CARL F ZANGER & BRUCE W IRWIN and Address - - - 10572 FILTON WAY CUPERTINO CA 95014 EFFECTIVE.DATE 12:0ME A M MO YEAR DECEMBER 11NTHap1990 (Applies To This Certificate) TThe,policy represented by this certificate is.a continuousone and will be in effect untilcancelled or terminated . in accordance with the.notice provisions below. COVERAGES LIMITS OF LIABILITY A—Bodily Injury Liability - $ 500,000 each person . $ 500,000 each occurrence • B—Property Damage Liability , $ 500,000 each occurrence YEAR AND TRADE NAME IDENTIFICATION NUMBER DESCRIPTION LAST s DIGI OF VEHICLE NA SHOWN II is hereby agreed that prior to cancellation or termination of this policy from any cause the above Company will give ten days notice in writing thereof to: *AS ADDITIONAL INSURED Countersigned CITY OF CUPERTINO 10300 TORRE AVE Date IT CUPERTINO, CA 95014 AVT ORI a REPRES N -I WE 56-03832.85 1181 200/ST Or' ^u vs PRINTED IN U.S.A. • FARMERS INSURANCE GROUP OF COMPANIES The following are inter-insurance exchanges sometimes referred to in the policy, when Issued by either of them, as the Company - 1. Farmers Insurance Exchange 2. Truck Insurance Exchange Los Angeles, California - Los Angeles, California The following are stock companies referred to in the policy", when issued by any of them, as the Company: 3. Mid-Century Insurance Company * 4. Illinois Fafiners-In3urance Company Los Angeles, California Aurora, Illinois ** 5. Formers Insurance Company, Inc. * 6. Farmers Insurance Company of Idaho Mission, Kansas - Pocatello, Idaho * 7. Farmers Insurance Company of Arizona * 8. Farmers Insurance Company of Washington Phoenix, Arizona Vancover, Washington * 9. Farmers Insurance Company of Oregon *10: Texas Farmers Insurance Company Tigard, Oregon Austin, Texas • *19. Farmers Insurance,of Columbus, Inc. Columbus, Ohio . The folfoviing is a mutual company referred to in the policy, when the issuer thereof, as the Company:. *18. Farmers Texas County Mutual Insurance Company Austin, Texas * Not licensed or operating in the states of Kansas and Colorado ** Not licensed or operating in the state of Colorado ATTACHMENT TO FAITHFUL PERFORMANCE BOND s (General) STATE OF CALIFORNIA } r n COUNTY OF Santa Clara ss, On December 18, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared Carl F. Zanger and Bruce W. Irwin W 2 , I w personally known to me(or proved to me on the basis of satisfactory evidence) 4 a to he the person S whose name `-+ are subscribed riC:O0CMRJe�C19tOCIOROSfilt:At:ONDGX)N- m to the within instrument and acknowledged that 2 OFFICIAL SEAL'- Iexecuted the same. s� -�. MARY C. KENYON WITNESS my hand and official seal. p , NOTARY PUBLIC-CALIFORNIAg �����"� SANTA CLARA COUNTY ' Signature "met 8 My Commission Expires Dec. 6, 1991 gi Mary C. yon ococcc ,cecocxsoncecocococxocoa Name (Typed or Printed) OFC-2056 (rot'area for official notarial teal) -} STATE OF CALIFORNIA, COUNTY OF Santa Clara ss. On December 17, 1990 , before me a Notary Public, within and for the said County and State, personally appeared Lynn M. Wiley , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attorney in Fact. a OFFICIAL SEAL BETTY ANN LYMAN .. •liIAA ' a °,'r%,tr:_-` Notary Public-California / p• _ �' �-219• CONTRA COSTA COUNTY NO ARY PUBLIC 4210 r My Commission Expires , , A 'T- October 8, 1994 „ UN-A9008(REV.2/90)Q - - - - - '- • PREMIUM CHARGED FAITHFUL PERFORMANCE BOND Bond No. 1228846 ON ANNUALJSASIS Premium: $300.00 KNOW ALL MEN BY THESE PRESENTS: ' , THAT WE, Car]. F. Zanger and Bruce W. Irwin as Principal and Amwest Surety l • as Surety are held and firmly bound unto the Cityoff Cu inoi State of California, in the sum of Eleven Thousandand No7�uu Dollars ($ 11,000.00 ) lawful money of th'e United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated with the Obligee • . to do and perform the following work to-wit: Improvements to Kirwin Lane, Parcel. Number 359-23-012 20580 and 20596] . • NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, thcn•this, obligation shall be ' void; otherwise to remain in full force and effect. IN WI'L'NEESS WHEREOF, this instrument has been duly executed by the Principal and Surety this LZth day of December ,, 1990 , (To be signed by Principal / 44 and Surety and acknowledgment.) B Y: By: Ag� _�/ • r Carl F. Zanger and Bruce W. Irwin • Principal Amwest Surety Insurance Company •i Suret • 0 Lynn M. Wiley / Attorney—in-Fac• . The above bond is accepted and approved this day of , 19 Y . • LABOR AND MATERIAL BOND • Bond No. 1228846 • • Premium included in Performance • ENOW ALL MEN BY THESE PRESENT: Bond WHEREAS, the City of Cupertino, State of California, and • Carl F. Zanger and Bruce W. Irwin hereinafter designated as "Principals' 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, Amwest Surety Insurance Company • as Surety, firmly bind ourselves, our executors. administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or Corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work 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 Rleven Thousand and No/100 Dollars (a 11,000.00 ). • THE CONDITION OP 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. , ATTACHMENT TO LABOR AND MATERIAL BOND • (General) STATE OF CALIFORNIA COUNTY OF Santa Clara } SS. December 18, 1990 A On before me, the undersigned, a Notary Public in and for said State. personally appeared Carl F. Zanger and Bruce W. Irwin w a x w personally known to me(or proved to me on the basis of satisfactory evidence) J a to be the person S whose name S are subscribed .,p��r G:t.9G%OG:l7�C7CACOGOC�OG�`7��` m to the within instrument and acknowledged that they p OFFICIAL+ SERI+ cI. executed the same. 23 fv1ARY C. KENYON GggI c77, WITNESS m hand and official seal. / NOTARYPUBLIC-CALIFORNIA GyK�/ (ti..) SANTA CLARA COUNTY f a Signature it— C . "��7t' My Commission Expires Dee. 6, 1991 `` Mary C. yon O :L�cc�c�cx�cocxicococ�crc.�cococox `t Name (Typed or Printed) OFC-2056 (This area for official notarial Sean STATE OF CALIFORNIA, COUNTY OF Santa Clara ss. On December 17 , 1990 , before me a Notary Public, within and for the said County and State, personally appeared Lynn M. Wiley , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attorney in Fact. - _ r OFFICIAL s ' ', _'' BETTY ANN SEALLYMAN ' , • _ Notary Public-California' - �1 CONTRA COSTA COUNTY N. OTARY PUBLIC al, r ,1!I. My Commission Expires October 8, 1994 : A UN-A9008(REV.2/90)❑ - • ' Labor and Material Bond Page 2 7 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension .of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this instrument ha; been duly executed9�y the Principal and Surety this 17th day of Decemoer 19 • • By: P �� z By:; i/ Carl F. Zanger and :ruce W. Irwin (To be signed by Principal Principal and Surety, Notary acknowledgments required.) Amwest Surety Insurance Company . Su ety ,K: fl ,, j9 j / , ynn M. Wiley /''tturney-in-Fact • • The above bond is accepted and approved this day of 19 • • ' • • • 6/17/85 • POWER NUMBER AMWEST SURETY INSURANCE COMPANY VOID IF NOT USED BY: P.O. BOX 4500, WOODLAND HILLS, CA 91365.4500 - E 6 016 3. v (818) 704-1111 JANUARY 1, 1991 BOND NUMBER - LIMITED POWER OF ATTORNEY No Power of Attorney on this form 1228846 READ 'CAREFULLY shall be.valid as to bonds, under - I takings, recognizances or other - This Power of Attorney has beenn conjunction with'the bond written obligations in the nature To be used only in co 1u9 delivered in connection with the specified herein. thereof executed on or after.said' above bond number. expiration date. 1. • NAME OF PRINCIPAL: 'Carl F. Zanger and Bruce W �.Irwin - PENAL SUM'$ 11 .000.00 NAME OF OBLIGEE:.. City of Cupertino " • This Power of Attorney may notbe usedin conjunction.with any other power of attorney.This Power of I ttorney is void it altered or erased.This document, is printed,on blue paper with black and red ink.This power of attorney bears:a raised seal iof%AMWEST SURETY INSURANCE COMPANY.Only originals 1 of this,Power of Attorneyare valid.No representations or warrantiesregarding this Power of Attorney may be made by any person than anauthorized officer of AMWEST SURETY INSURANCE COMPANY,and must be in writing Questions or inquiries regarding this Power of Attorney must be addressed to AMWEST SURETY INSURANCE COMPANY et:the address,and telephone number set forth at the top of this Power of Attorney Attention:Underwriting • Department,This Power of Attorney shall be governed by the laws of the State of California.:Any power of attorney usedin connection with any bond issued by AMWEST SURETY INSURANCE COMPANY on or after February 21, 1989 must be on Amwest Form UN-A1007(REV 2/89).All other previous power of attorney formsfissued by AMWEST,SURETY INSURANCE,COMPANY have been revoked and are of.no further force or effect. . KNOW ALL MEN BY THESE PRESENTS,that.AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATION, (the "Company")..does hereby make, constitute and appoint , LYNN M: WILEY AS EMPLOYEE OF'AMWEST SURETY INSURANCE COMPANY its true and lawful Attorney(s)-in-Fact,with limited power and authority for and on behalf of the Company as surety,,to execute and deliver and affix the seal of the Company thereto if a seal is required,.'bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: Bid Bonds up to$250,000; Contract, Court &Subdivision Bonds up to$250,000; Small Business Administration Guaranteed Bonds up to$250,000; License&Permit Bondsup to$50,000; ' Miscellaneous Bonds up to$25,000. . and to bind AMWEST SURETY INSURANCE COMPANY thereby.This appointment is made under and by authority of the following provisions of the By-Laws r hof the'Company,.which are now in full force and effect: Article III, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY . This Power of Attorney is signedand sealed by facsimile under and by the authority of thefollowingresolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authorityas defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances,and suretyship'obligations of all kinds; and said officers may remove anysuchattorney-in-fact or agent and revoke any power of attorney previously granted'to such person. RESOLVED FURTHER that any bond, undertaking, recognizance; or suretyship obligation shall be valid and binding upon the Company (I)when signed by president or any vice-president and attested and sealed(if a'seal be required)by any secretary or assistant secretary;or (ii)when signed by the president or any vice-president or secretary or assistant secretary,and countersigned and sealed(if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 7 day of ,% December 19 89 . 4:61 ,'•- --7 -at'it'L'Gary R.Peterson,President `,`%?� - - Karen G Cohen. Secretary STATE OF CALIFORNIA, COUNTY OF LOS'ANGELES—ss On this_ 7 day of December A.D., 1969,personally came before me Gary R. Peterson and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COMPANY, CALIFORNIA who executed the above instrument,and they each. acknowledged the execution of the same, and being by me duly sworn,did severally depose and say:that they are the said''officers of`the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. TOL: / / rKu�saieu (SEAL). i f- / i Losµoriawurm - (// am s wma.ww n.m Notary Public STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY,a California corporation, DO 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 By-Laws of the Company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at San Jose. California this 17th day of DecemberA/ 19 90 !� en. Karen G.Conan,Secretary 9EV.7/89) s.,ars.n