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97-089 E & H Third Family LP, 10480 S. Stelling Rd APN 359-13-086 AGREEMENT 10480 S. Stelling Road APN 359-13-086 This AGREEMENT made and entered into this%0 day of I99_7, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and E & H Third Family Limited Partnership,a california limited partnership hereinafter designated as DEVELOPER. WITNES SETH WHEREAS, THE DEVELOPER has made application to the CITY to SECURE A BUILDING PERMIT to construct Single Family Homes hereinafter referred to as "Project". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for • the Project by Kenneth Nelson 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". • Page 1 of t l File No.: 52,059 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 Improvement Category: PART A. Faithful Performance Bond: $ 31,000.00 110-206-100 PART B. Labor and Material Bond: $ 31,000.00 110-206-100 PART C. Checking and Inspection Fee: $ 1,744.00 110-451-510 PART D. Indirect City Expenses: N/A PART E. Development Maintenance Deposit: $ 3,000.00 110-206-100 PART F. Storm Drainage Fee: Basin 3 $ 457.00 Account#: 215-415-003 PART G. One Year Power Cost: N/A 110-451-508 PART H. Street Trees: By Developer PART I. Map Checking Fee: $ 381.00 110-451-520 PART J. Park Fee: ZONE I $ 31,500.00 ACCT#: 480-416-011 PART K. Water Main Reimbursement Fee: N/A 610-460-200 PART L. Maps and/or Improvement Plans As Specified in Item#23 Page 2 of I I 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 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 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 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 Page 3 of I 1 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. 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 CITY and/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 commencement 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 from 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 SECURITY 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 land agreed to be Page 4 of 11 dedicated, and any improvements are to be made under this AGREEMENT. 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 sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the 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. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code 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 bond. 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 may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council B. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Page 5 of 11 • D. Liability insurance, provided by the developer to hold the City harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 2. Schedule for Bond and Insurance Release for Cash, CD, Set-Aside Letter are as Follows: A. Release of 45% of bond upon acceptance by City Council. B. Release of additional 45% at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of remaining 10% at one year from date of acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. • D. Release of the liability insurance,provided by the developer or contractor to hold the City harmless in the event of liability arising from the subject project, at the end of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. E. No interest shall be paid on any security deposited with the CITY. 6. CHECKING 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,pricr 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). Page 6 of I I 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 compliance 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. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, 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 surety bonds or other security permitted under paragraph 5.B by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY,the unused balance will be returned after the release of the surety bond or other security permitted under paragraph S.B. 10. STORM DRAINAGE FEE 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 the 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. WAIER MAIN EXTENSION 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 COST It is further agreed that the DEVELOPER shall pay to the 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. Page 7 of I I 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 land to the CITY, prior to execution, as is required within Section 18-1.602 Park Land Dedication, Cupertino Municipal Code, and which is further stipulated under Part J, Page 2 herein.Fees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code. 15. MAINTENANCE OF WORK It is 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 Cupertino 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 Code,pertaining to special assessments or bonds, have been complied with. 18. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, Page 8 of I I stating that the DEVELOPER has entered into an AGREEMENT 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. PACIFIC GAS AND ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC BELL Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding 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 Bell Company that said fees are due and payable. 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 and expense. It is provided,however,that in the event eminent domain proceedings are required 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 HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, 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 out 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, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'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 Page 9 of I 1 • 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 not be called upon to cover a loss under said additional policy. • 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 minimum 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 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. The CITY shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or(Form B) Endorsement provided along with the evidence of said foregoing policy of policies of Insurance 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 IMPROVEMENT 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. Page 10 of 11 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 transferees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. 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: /'. twat / Or Mayor Af-/ 1 City Attorney LCity C erk DEVELOPER: E&H Third Family Limited Partnership, a California Limited Partnership By: Emily Chen, General Partner Notary Acknowledgment Required Exhibit A Attached Page 11 of 11 • State of California Title ot YP of Document SS. NumberorP.gea Date ofDocument Signet(s)Other than named Wow County of Santa Clara On February 11,1997 before me, Wai Ling Chu Notary Public, personally appeared . Emily Chen personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. wai LING CHU I ;,fir;\ COMM.#1076475 Signature (Seal) t'" ty,�: NOTARY PUBLIC w N v• CALIFORNIA o_ R SPI;'/ SANTA CLARA COUNTY ATD-I (Revised 1/93) , EXPIRES DEG 1, 19,9 BOND ./// 4191995 PREMIUM $ 744.00 TWO YEAR-PREMIUM':SUBJECT'TO FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND RENEWAL (Subdivision Impruvementa), KNOW ALL MEN HY THESE PRESENTS: THAT WE, THE E AND H THIRD FAMILY LIMITEIPPARTN$RSHIP as Principal and DEVELOPERS INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of THIRTY ONE THOUSAND AND NO/1005---- Dollars ($ 31.000.00 _) lawful money of she United States, for the pnynucnt of which will snd truly to be made, we hind ourselves, our heirs,, executors, successors, and assigns. jointly and severally. firmly by these presents. THE CONDITION of the foregoing obligation is such that. WHEREAS, said Principal will perform all necessary improvements relative to 10480 S. STELLING ROAD APN 359-13-086 located CUPERTINO, CA in accordance with the approved improvement plans prepared by KENNETH NELSON Civil Engineer on file in the Engineer's Office, City of Cupertino, and incorporated herein by reference. WHEREAS, improvements shall be completed within one (1) year from the date of acceptance of this bond by the City Council. WHEREAS, improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City. This bond shall be in Lull fucce and effect through the period of maintenance as provided in said contract. The maintenance period shall continue until such time that all deficiencies of construction are corrected to the satisfaction of the City Engineer's office. WHEREAS, Principal and Surety shall be responsible for any and all damages arising under the original contract. NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations as set forth above, on its part to be dime and performed at the time and in the manner specified therein, then this obligation shall be null and void; otherwise this bond shall remain in full force and effect. IN WITNESS WHEREOF. this instrument has been duly executed by the Principal and Surety this 11TH day of FEBRUARY , 19 97 . (To be signed by THE E AND H THIRD FAMILY LIMITED PARTNERSHIP Principal and Surety. Principal G � Notary Acknowledgments By: required.) DEVELOPERS INSURANCE COMPANY Surety ALO By: Attorney-in-Fact RICHARD S. SVEC The above bond is accepted and approved this day of. 19 6/17/85 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Sprott aAt<i&taWr a raktGnt1 t Atrat• agert'E tetAtCai_c:✓- t'ti Nat va +_vai!nY_�. YSr L9a_sat!vnNa i i di State of California County of Santa Clara On February 11, 1997 before me, Jean L. Neu, Notary Public � Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") r r) 8 personally appeared Richard S. Svec r ( Name(s)of Signer(s) 9 QA personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) ' ciwhose name(s) is/are subscribed to the within instrument F2 cl and acknowledged to me that he/she/they executed the li same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), 1.1 or the entity upon behalf of which the person(s) acted, j�¢ JEAN L. NEU C/) executed the instrument. I¢ p COMM. #1010868 3t NOTARY PUBLIC-CALIFORNIA O ` SANTA CLARA COUNTY WITNESS myhand :and official seal. 0, ';' My Comm.Expires Dec.5,1997 , y .+.+a �. / / it (/�; t� (ir Sig ature of Notary Public � ¢ OPT!fAt y5 Si Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent a (g fraudulent removal and reattachment of this form to another document. Description of Attached Document �$) Title or Type of Document: 3 Document Date: Number of Pages: r• 61 k g.,, Signer(s) Other Than Named Above: y Capacity(ies) Claimed by Signer(s) r• (yyCe Signer's Name: Signer's Name: y Ci g ❑ Individual ❑ Individual Pi ti ❑ Corporate Officer ❑ Corporate Officer g ti Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General e ❑ Attorney-in-Fact ❑ Attorney-in-Fact .J ❑ Trustee ❑ Trustee s ci RIGHT THUMBPRINT RIGHT THUNBPRIM ' ❑ Guardian or Conservator OF SIGNER El Guardian or Conservator OF SIGNER A ,¢, ❑ Other: Top of thumb here ❑ Other: Top of thumb here i 0 9 Signer Is Representing: Signer Is Representing: a P ,Z% (e5 gn 4s.n:.�.G�.4v..•. •q,S1,�,. •4._,.._...•. •ti•.4�.�:..'..-.�. -.-.c. `.r_t. -• -•.,.. • .C.,.2..VLU C "C.(�;L✓�..` r" .v S 01995 National Notary Association•8238 Pommel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 BOND 11 419199S PREMIUM: INCL. IN PERFORMANCE BOND LABOR AND MATERIAL BOND FOR SUBDIVISION IMPROVEMENTS Recitals 1 . The City Council of the City of Cupertino, THE E California, and LIMITED MR THIRD (hereinafter referred to as "Principal" ) have entered into an agree- ment whereby Principal agrees to install and complete certain designated public improvements, dated 1997 , and identified as project/tract no. ** is' in- corporated by this reference as if set forth in full; and, 2. Pursuant to the agreement, Principal is requir- ed, before commencing performance of the work, to file a good and sufficient payment bond with the City of Cupertino to secure any claims brought under Title 15, Division 3, Part 4 of the Civil Code (commencing with Section 3082) . NOW, THEREFORE, the Principal and the undersigned as corporate surety (hereinafter referred to as "Surety" ) their heirs , successors, assigns , executors and administrators, jointly and severally are held bound unto the City of Cupertino and all contractors, sub- contractors, laborers, materialmen and other persons employed in the performance of the agreement and refer- [CC.DEF.FP. 1 ] 1 ** 10480 S. STELLING ROAD red in the aforementioned Civil Code in the sum of THIRTY ONE THOUSAND & 110/100s-dollars ( $ 31,000.00 ) , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Cupertino in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all per- sons , companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully per- formed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change , extension of time, alteration or addition to the [CC.DEF.FP. 1 ] 2 terms of said agreement or the specifications accompany- ing the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety on FEBRUARY 11 199& THE E AND H THIRD FAMILY LIMITED PARTNERSHIP Principal By:STATE OF OF CALIFORNIA, ) ss. COUNTY OF On , 199 , before me, the under- signed, a Notary Public in and for said State, personal- ly appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s ) whose name(s) is/are subscribed to the within Instrument, and acknowl- edged to me that he executed the same. WITNESS my hand and official seal. Notary Public in and for said State. DEVELOPERS INSURANCE COMPANY Surety / By: 24C RICHARD S. SVEC, ATTORNEY-IN-FACT STATE OF CALIFORNIA, ) ss. COUNTY OF On , 199 , before me, the under- signed, a Notary Public in and for said State, personal- [CC.DEF.FP. 1 ] 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -a sac ck csC c _a_a..A.a-_ _ a a_vXS a. w• - sC_v.._n'.n-.s -A-at n cit w-�.�-w-wtc� ,c.-_w_a,_w. - _ -ncfSfis It x State of California s County of Santa Clara ¢ yl I. On February 11, 1997 before me, Jean L. Neu, Notary Public , Sl Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') , k1 0 personally appeared Richard S. Svec Name(s)of Signer(s) E personally known to me–OR-❑proved to me on the basis of satisfactory evidence to be the person(s) 0 whose name(s) is/are subscribed to the within instrument • e and acknowledged to me that he/she/they executed the sl ¢ same in his/her/their authorized capacity(ies),and that by 1 his/her/their signature(s)on the instrument the person(s), 1 JEAN L. NEU or the entity upon behalf of which the person(s) acted, o --s, -,; COMM. �;Dmass executed the instrument. "� - T NOSANT PCLARACOUNTy � "�� SANTA CLARA COUNTY 0 an (� a.. My Comm. Expires Dec.5,1997 –' y WIT SS my han.`nd official seal. :,) PA U;aaaMnyAA ,.AAAAL-A/.nAAM AMA / 4_,/ s) Signature of Notary Public S OPT/AL - - 's1 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent removal and reattachment of this form to another document. y1 •1 It Description of Attached Document a I sl I¢ Title or Type of Document: a • y Document Date: _-_ - Number of Pages: »1 Signer(s) Other Than Named Above: is s ii Capacity(ies) Claimed by Signer(s) s) fe 9 Signer's Name: Signer's Name: r` ¢ ❑ Individual ❑ Individual e ❑ Corporate Officer ❑ Corporate Officer I Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact Ie ❑ Trustee ❑ Trustee (¢ RIGHTTHUMBPRINT RIGHTTHUMBPRINT ) 'Y ❑ Guardian or Conservator OF SIGNER ❑ Guardian-or Conservator OFSIGtER I ❑ Other: Top of thumb here ❑ Other: Top of thumb here 1 (e (C I. Signer Is Representing: Signer Is Representing: a."- .� ' `.'_.. `...=. `. ``2..2..-.ti,. s '�- -r `'.„?• '. . '.• s _, -. ' ' 6' 'C.4 �L" .._•`.. .•.t ®1995 National Notary Association•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800.876-6827 ly appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument, and acknowl- edged to me that he executed the same. WITNESS my hand and official seal. Notary Public in and for said .State. APPROVED AS I if City Attorney The above bond is hereby accepted and approved on . 19 CITY OF CUPERTINO . By: • (CC.DEF.FP. 1 ] 4 POWER OF ATTORNEY OF INDEMNITY COMPANY OFCALIFQRNIIA AIT QEVVELOP RS INSURANCE COMPANY �re .2'9'.5 2�' Iaeo;::0Ox 19725,11;0001E,CA's27n3.*Ql4a fl44ago NOTICE. 1. All power and eon:M ty hereingranted shallie. went terminate on theatst day of Mardth,5299: 2. this.Power M Attorney lavoiduifaitered or if any portion is erased. 3, This Power of Attorney is void unless the sealis readable,leetext s In brawn ink.the signatures are in bluer kand this notice is in red Ink 4. This-Rower of Attorney should not be returned to the Auorney(s)-In-Fact;but should remaim a permanent parteithe oblig$s fecords. 1 t*a W AVL MEN BY TelP,SE PliPSEtk'tS,that et etjt as agptassly lmykad,INnEMNITY COMPANY CE CALIFQRNfA end Qgil LOPERS lN,JRANCE geek PA4NY,do each seyaaliy isainplojoinhy illeriaby,OPAhsHelatilbteanp apP010.1 etiplE9,9Etta 01.0teit E t1.09*A,JCtHh1600,h$PONA I SlitOy,A aINirel QR SEVEMLOt't` the olid amddlatl'ffil Attorney,ketTeet,to Metal eipeuke,delrver and acknowledge,tpEllricli•OiNntiolt of snidicorpofaticns as,siuetiea hands,undedalring5 andeet tttt'aots:ol-s rewship .inan amount not exeeeding ltye:Mi lien Flee Hundred Thousand N011ars($2,500,Odd)in anyting(e,utidertalitng giving endlgraribng a ptet stld Momey(s)-ir Factdull poWCr affd'autintri y to da ancib perform.every bet necessary,reetiislfe=er Proper trty,lieidonAln cooneotirfn therewith areA06h df sold eorpetatm5ne edeldlda but reaerving to each of art fppr power of,eu'bst1tution and reYotatelny and all pfbheabm df sardAttorney(b)-1ntliact,.pbrattehtto Otago press its,afoiherebyrcatiferd Inti coatirsrpad,: 011ie Shia'EoweY of Attorney Is graotrej mndlta algnediby fa almlte-Under and bv`Metto ntyt tlie!tdllowtdg,resolutioens ticiAtectiby the respective Bparpitai Dlreet6is,of7II$bEN1Naty. 'COMPANY QF CALIPSINIA aod.'QEYEtLOi?EHee INBURANCE'COMPANY,effective as of September 2d,1906: . IRESQLyWO,that the Clea man ofihsuffeard.thePresfdentand any Vibe Pr'deidpnt.of,the cotporetloii Ilk aid tbat_each of Vhem,befebygt aft_thoi124d to executelPowefa of Attorney,quell ing the attornety(M tiamedl,h the Pe,Wets af,Attorney to exeeut6,en'benalf of iiia ootporation,"bertnsr undertal;Inge and contracts of suretys?hip,and:thatlbe Secretary or bny=A:sistant Seeratary of the ootpeetibn'be;and each of thereereby is,aulhadredto afte+ttSh_a axecutipn'of zany such Power of Attorney;.. RESt91,VSTt,.PURTHERt That the signatgms of suohpufflcers Matt be7afaxed 4d:any:such(Power o(Aztorrfey ark'_.ady dertlfloafereIabng theretp:by fac4linlle,and anysUich Po_werof Attorney or.danifleate bee ingSuch faps_frt iia slgnaluressha;iebe valid:andibinding uldmntire a)rporatleri whensd.afslgredand In tlte.fururewte-i reaplet to eny bpnd,.undertaking or ntract of surety' coshiptO whidh'tbds attachert; IN+APITNESS•iliiI PF,INDEMNITY COMPANY 011 OALIr41 PlIA and iteigLOPF_RS INSf1Fi'ANCE COMPANY.AIaeesevardlfy caused ttesepresantstit be sfghertliA'tlepir Faspectivp Piesidenta and atteetee by their rcepuctwe Ss retarles this Ilitit day of Juno,1946 INDEMNINCieletiNY OP OAW:IFONNIA;. ieENELOPER61N9CRANCy COMPAt'W iii l k I 11"::!'1,:.rl r 1' l A ' 5 P4 y r PY 'a e iEx� a D4.ie e G`trirwanit er eiiN N it feF Vann Sntl It 1:0' , yl0 911 yp tPresddeht O¢'P�?• I Piea'dent �- �. oti_et t, 4t0,- —' RG7'.5 9-I.' ATTEST �dt 2 T'lA b 7 t;' ',; �. 113x7 n ,-_-= • e/ 41 ,P 3y‘r , b -.IFO tf I "x-. �.,� W llyhY 3tot%U- Waher�Cmwell Secrtient '.Sheretary • fi PATE'OF CAl1FORNfbA )", '.)'.S$. COi7N1Y OFpsAisIOF,. ), On dune J4,Iggt beiiGe die ON',ittrintperserte.appeared Dante F V nosntt Jr.and Wilibr Orriwati pereenatly-known ter ran(crploved toune+om theibasis aPeatfs ecileryr evrdeace)tg:petfte persei%p)whoseilarna(bjila/masi iscrrbedtmtho,wlthin instrument and tiokhow,tedgod,to rhothat`hse?sfio[ttey exesufsrl:ith"esamaIn hrsr€terttiteivadhorlead! cepacltypas),and the by hisfherttlieir sigeeturefs)en theinEtnfineht the Perabble),ortha enfityicoon berfelt of whieh t{ie'pe!•'a`pn(8).acted,executed the ihstrltrnont. 1MtmESS'cry iancltered':biticial seal,. iy Signature _'d a` -- - hg" OCITMini70i Wilif0tiNNN Cl3AN6c CMIrt ih aritimillegtAut a,9:" CERTIFICATE .°. . .. '1 he ur3derwgneeb;es Sehior'Vtde Praeedehf of INDElMMNtTYICOMPANY OF CALIFORNIA and SefnerVicaPresident cTOFziraopF.NS INSt1FRA14CE COMPAN:IY;Idoes hereby, pertify that Mirforegoing Plitt attachect Power of Atictney retells in-fell force•andihe nellbeennevolked;andturtfiermare,titer the pfaeittionr of the resolution"tithe 1000senve t9Aardr W birectors reflaaleithe1Pere0aits settanhuur rte Pews of Attorney,Mend force ae of thevdataoitthrs Qeitificate: This:Ce tifleate is exesut d in the City otilnnher Calcite's,this 1 1 t'day of +@1 �Tiiir -'v.' ,199 7 1INOEMN1TY•COMPANY OP CALIFORNIA ,dyPp,NY l?FVELOPERS INSURANCE COMPANY , r 345 By_ — L r uote SonloredsePresdon$ • . ,` 7aSenior Vice President NiF0 t€`