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80-042 Taro Yamagami develop Wildflower Way10300 Torre Avenue Cupertino, California 95014 Telephone (408) 252-4505 September 22, 1980 Taro_Yamagami DBA JMT. Development Company 1361 S. Saratoga Sunnyvale Road Cupertino, CA 95014 IMPROVEMENT AGREEMENT We are forwarding to you for your files a fully executed copy of the Agreement by and between the City of Cupertino and Taro Yamagami, DBA JMT. Development Company, along with a copy of Resolution No. 5419. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/ so RESOLUTION NO. 5419 A_RESOLUTION OF THE CITY COUNCIL OFTHECITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 6765 LOCATED ALONG WILDFLOWER WAY, WEST OF SARATOGA- �' SUNNYVALE- ROAD, DEVELOPER TARO YAMAGAMI, DBA JMT DEVELOP- MENT CO.; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING THE SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. - 6765 located along Wild- flower Way, west of Saratoga -Sunnyvale Road, showing certain avenues, drives, places, and roads by Taro Yamagami, DBA JMT Development Co.; and WHEREAS, there has been presented to the City Council a proposed agree- ment for the construction of streets, curbs, and gutters, .and for other im provements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement, and said map, agreement, and bond having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map and improvement plans of- Tract -No. _ 6765, be and the same are hereby approved, b. The offer of dedication for roadway and for easements is hereby ac- cepted. C. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to sign the improvement plans. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of September 1980 by the following voter Vote Members of the City Council AYES: Gatto, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN None ATTEST: APPROVED /s% Dorothy_ Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino _.r 5419 Resolution No. EXHIBIT "At, SCHEDULE OF BOND, FEES, AND DEPOSITS a DEVELOPMENT Tract No. 6765 Taro Yamagani DAB JMT Development Co. LOCATION Wildflower Way, West of Saratoga -Sunnyvale Road Offsite - $39,000.00 A. Faithful Performance Bond. $ n„gitP Offsite - Thirty-nine Thousand and no/100 Dollars - $26 000,00 Offsite - $39 ,000.00 B. Labor and Material Bond: $ Ons . t - $2 JQM) Offsite - Thirty-nine Thousand and no/100 Dollars .00 C. and Checking and Inspection Feet $ $3,250,00 Three Thousand Two Hundred Fifty and no/100 Dollars D. Indirect City Expenses: $ 500.00 Five Hundred and no/100 Dollars E. Map Filing Fee: $ 126.00 One Hundred -Twenty -Six and no/100 Dollars F. Development Maintenance Deposit $ 445.00 Four Hundred Forty -Five and no/100 Dollars 4 G. Storm Drainage Fee: $ 2,762.00 Two Thousand Seven Hundred Sixty -Two and no/100 Dollars H. One Year Power Cost: $ 36.00 Thirty -Six and no/100 Dollars I. Tree Fees: (See_A & B) $ By Developer J. Park Fees: $.__7,254.00 Seven Thousand Two Hundred Fifty -Four and no/100 Dollars K. Water Main Extension Deposit $ __N/A A G R E E M E N T This AGREEI=, made and entered into this 2nd day of September # 1!PG , by and between the CITY OF CUPERTINO7 a municipal corporation of the State of California, hereinafter designated as CITY, and hereinafter designated as Developer, W I T N E S S E T H WHEREAS said Developer desires to subdivide certain land within said City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated Tract 6765 Cupertino, California, hereinafter designated as "the Tract;" and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use, and WHEREAS, said Developer desires to construct dwellings on the lots in. said "Tract;" and vHEREAS, CITY hereby approves the improvement plans and specifications pre- pared for the Tract by 0- 7 a true copy of said improvement plus and specifications are on -file _ in _ the office of the City Engineer of Cupertino, and 'ZdEREAS, the same are incorporated herein by reference, the same as though set out in full, now, therefore,, said improve- ment plans and specifications shall be hereinafter called "the Plans," and the work to be done under the Plans shall be called "the Work." WHEREAS, pursuant totheprovisions of this AGRE'EIL ENT, the CITY hereby 1. establishes the amount of bond, fees and deposit as _ set_ forth in the following schedule.__ SCHEDULE OF BONDS FEES AND DEPOSITS Part A. Faithful Performance Bond: Offsite $39,000.00 Offsite - Thirty-nine Thousand ;and no/10Q,Dollars Part B. Labor and Material Bond; Offsite - $39,000.00 Obi to $ (l(tp Offsite -Thirty-nine Thousand and no/100 Dollars Part_C. Checking and Inspection Fee: $ $3250,00 Three Thousand Two Hundred Fifty and no/100 Dollars Part D. Indirect City Expenses: $ 500.00 Five Hundred and no/100 Dollars Part E. Map Filing Fee $ 126.00 One Hundred Twenty -Six and no/100 Dollars Part F. Development_ Maintenance Deposit $ 445.00 Four Hundred Forty -Five and no/100'Dollars Part G. Storm _Drainage Fee: $ 2,762.00 Two Thousand Se-ven Hundred Sixty -Two and no/100 Dollars- Part H. One Year Power Cost. $ 36..00 Thirty -Six and no/100 Dollars Part I. Tree Fees: (See A & B) $ By Developer Part J. Park Fees $ 7,254.00 Seven Thousand Two Hundred Fifty -Four and no/100 Dollars Part K. Water Main ExtensionDeposit$ N/A NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. INSTALLATION OF WORK It is agreed that in consideration of the approval of said map and the acceptance on behalf of the public of the courts, drives and roads offered for dedication, (a) The Developer shall install and complete the Work within one �l) 2 - 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 work- manlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be made under the inspection and with the approval of the City Engineer. The Mork shall be done in accordance with existing ordin- ances and resolutions of the. City of Cupertino, 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 thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specification, plans,si es, lines and grades as set forth (c) It is further agreed that the Work shall be done in accordance with the Standard Specifications of the Department of Public Works, Division of Highways, State of California, dated Jan. 1973, and in accordance with the specifications of the Cupertino _Sanitary District where applicable. Wherever the words "State" or "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 of Cupertino and/or the Cupertino Sanitary District, the specifications of the City of Cupertino and/or the Cupertino Sanitary District shall take -3- precedence over and be used in lieu of such conflicting portions. 2. EXCAVATION PERMIT It is further agreed that the Developer shall comply with Section Three of Ordinance No. 130 of City of Cupertino 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 i.s further agreed that the developer shall notify the City Engineer of the exact date and time when the proposed excavation is to commence, 3. QUITCLAIM DEED UNDERGROUND WATER RIGHTS It is further agreed that Developer shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said "Tract" and Developer agrees to execute a "Quitclaim "Deed and Authorization" in favor of CITY, when presented to him for signature. 4. BONDS It is further agreed that prior to, or concurrent with, the execution of this AGREEMENT, the Developer shall execute and deliver to the City Engineer a faithful performance bond running to the CITY, as obligee, and a labor and material bond running to the CITY and to all contractors, subcontractors, laborers material men and other persons referred to in Chapter 2, Title 4, Part 3 of the Code of Civil Procedure of the State of California, as obligees, said performance and labor and materials_ bonds shall each be in the amount as established in the Schedule of Bonds, Fees, and Deposit as set forth herein at Page 2 (parts A & B) and shall conform with the provisions of Resolution 1591 of the City Council of Cupertino. Said bonds shall be in a form acceptable to the City Engineer and shall be approved by him pricer to or concurrent with the execution of this agree- ment by the CITY. -4- 5 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 "Tract," 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. 6 INDIRECT EXPENSES It is further agreed that Developer shall pay to CITY, prior to execution of this AGREEMENT, indirect expenses allocable to processing this improvement, the amount as set forth herein at Page 2 (Part D). 7. MAP FILING 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 check- ing of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/4/61)_ of CITY, the amount as set forth herein at Page 2 (Part E) . 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further_ agreed that the Developer shall pay to the CITY, prig 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 improvement bonds 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 improvement bonds, -5- ! -STORM DRAINAGE It is further agreed that the Developer shall deposit with the CITY, prior_ o 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 G), 10. 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 H), which amountzrepresents the power cost for street .lights for one year. 11. FEES FOR THE INSTALLATION -OF STREET TREES It is further agreed that the CITY shall, at such time as deemed appro- priate by the City Engineer,_ plant and maintain street trees in conformance with the standards of the City of Cupertino. As payment for said installation and maintenance by the City, the Developer shall pay to the CITY, prior to the execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part I), which amount represents the fees for installation and maintenance of said street trees, having been calculated at the unit price of $15.00 per tree. 12. 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 "Park Dedication Ordinance" Number 602, 1972 and which is further stipulated under Part J page 2 herein. 13. MAINTENANCE OF THE WORK It is further agreed that the Developer shall maintain the Work (a) for a period of one (1) year after acceptance of the Work by the City Council of City of Cupertino, or (b) until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. 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 -6- due to faulty workmanship and/or materials appearing in said Work. 14. 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 "Tract" 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 No. 13 above, have been filed. 15. BUSINESS AND PROFESSIONS CODE It is -further _ agreed that Developer shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 2 of the Business and Professions Code., pertaining to special assessments or bonds, have been complied with. 15. 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, stating that the Developer has entered into an AGREEMENT with said District to install fire hydrants to serve said "Tract" 'and stating that all necessary fees have been deposited with said District to insure install- ation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING - P.G.&E. RATE SCHEDULE SHALL APPLY It is further agreed that the Developer shall apply for the installation of electric power for street lighting at the earliest date possible. 18. P.G.&E. AND P.T.&T. It is further agreed that the Developer shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all fees required for installation of overhead anal/or underground wiring circuits to all electroliers within said "Tract" and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when Developer is notified by either the -7 City Engineer or the Pacific Gas and Electric Company and/or Pacific Telephone and Telegraph Company that said fees are due and payable. 19. 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 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 CITY. 20. 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 as provided in paragraph 13 above, 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 willfull misconduct of the Developer or the Developer's agents, employees and independent contractors. 21. 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 - g- 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 aga3.nst the loss covered b,7 said policy or policies that other insurance hall be a_eccess insurance only. (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 small 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. (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 sub— division 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 of Cupertino shall equally apply to municipality and political subdivision. - 9 22. WATER MAIN'EXTENSION DEP08-LT 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 an adopted Water Master Plan. The amount shown herein at Park K, Page 2, shall be the full amount due. 23. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said "Tract", shall bind the heirs, successors, administrators, or assigns of the Developer. The assignment of th:Ls AGREEMENT shall not be made without approval by the City Council of said C117Y. IN WITNESS WHEREOF, said 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 By M- BY City Clerk Approved as to form: City Attorney a STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA} On ( U c 19 C) , before me, the undersigned, a Notary Public in and for said State, personally appeared _! ✓ s2107f known, to me to be the persons whose names are subscribed`to the within Instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. OFFICIAL 131BAL R I.FFOSTER t� r Y � � Aa�F NI Notary Public in and for t a County �� COUNTY SANTA LARA of. Santa Clara, State of California �.`O m , H . lots, , 19 --------------------------------------------- CORPORATION AGKNOTMEDGEMENT STATE OF CALIFORNIA, ) } ss. COUNTY OF SANTA CLARA} On 19: before me, the undersigned, a Notary Public in and for the said State, personally appeared Known to me to be the of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such, Corporation executed the same.. IN WITNESS IhMEREOF, I have hereunto set my hand and a _ _,:ed my oFficia3 seal in the Count, of Santa Clara the day and year in this cert? fic q tE= f. � st above written. Notary Public in and for the County of Santa Clara, State of California a FOP. ANY INSURANCE NEE D A-L.-A- _D.I_ 1777 SARATOGA AVE, DIAL AN JOSE, CALIFORNIA 95 129 Inconsideration of the Insured's agreement to pay premium based on published or manual ru`Ies and rates and subject to all of the provisions of the Policy customarily issued by; the Company bound herein insuring against the perils specifically designated, it is agreed that insurance of the kind named below is bound for`the period stated below (not exceeding sixty days): Insured Address Taro Yamagami DBE J' Developement 1361 S. Saratoga Sunnyvale Road Policy Premium Cupertino, CA 95014 Devel101-1ers We hereby bind � Business Occupation Ce Insurance Company Description of Risk or Kind of Insurance' Operations and Location Amount of Insurance of and Perils Insured limits of Liability 1361 S. Saratoga Sunnyvale Road. Ccalp- General and (Liability) 500,000. single limits Cupertino, CA 95014 Single Family Development Coverage for hold harmless see #20 0®C®P4 Coverage and Insurance #2I to protect City of Cupertino as per the requirement in the . agreement is provided and included in this binder. From Loss, if any, is payable to insured and: 9 8128�80 Noon To' 19_ _� of A.M. XO 28/80 Noon 19___ °t A.M. Standard lime, or to such time prior thereto as the Company's Policy may be issued insuring the described risk in lieu hereof:: Loss Payee Date August 2r, 1980 By Auth ii d Represenle ive p� L a" RI ii �,L CORPORATION ACKNOTdLEDCEMENT STATE OF CALIFORNIA } sse COUNTY OF SANTA CLARA) On April 21 19 81 , before me, the undersigned, a Notary Public in and for the said State, personally appeared Jack S._Aiello known to me to be the Executive Vice President of julas Duc Constr„ctj pn, tom, corporation that executed the within Instrument, known to me to be the person who executed the *within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. cr SMIL Notary Public in and for the County . U of Santa Clara, State of California SANTAXr FACT L Fags „ VAN LEIDEN NOTARY S CA.AC - CALIFORNIA t A COUNTY _. y comm. upires Apr, 26,1982 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFrICE: BALTIMORF, MD. KNOw ALL, MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State Of Maryland, by C M. PECOT, JR. , Vice -President, and _ PAUL E. ZAC SKI :Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Latins of said Coln- pany, which reads as follows. "The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the -Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Paul G Rusch of San Francisco, Calif its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as - :surety, and as its act and deed: any and all bonds mad undertakings .......... ; , ...... nd the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Paul G. Rusch,- dated January 24, 1967. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ._.:..--- -- 21G ----- -- - ---day of 1U1,y--- ------- - -------- -- A.D. 19--- :-6. 'PIWI Po FIDELITY P SIT COMPANY OF MARYLAND ot ATTEST: o. ga L'9JG L.a �a v® ® a„A,.be�+\ ssast¢rct Secretor STATE of MARYLAND Vice -President CITY OF BALTIMORE sst On this 21 St day of July A.D. 19 76 before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, tome personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposetie and with, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of slid Company, and that the said Corporate Seal and their signatures as such o9lacers ere duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN T ESTI&fOxY WIIERFOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. , ,,, � // Notary Public Commission lE x iresil Fri puauc � pa y.--1-,.__1-97e ' ORE C1K�``'CERTIFICATE I, the undersigned; Assistant secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Pourer of Attorney was one of the additional Vice -Presidents spe- cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. ND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. REsoLvED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company; shall be valid and binding upon the Company with the same force and effect as though manually affixed," IN TESTIMONY WI EREOr, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ---. -- ....6 t.L. ......day oL ..... ...::. .... ..... 19_8 i. r _.__.. ___ _.. ................::. 114I9—ctf: 2os 9b . ssista ecrelary FICICIVIT andD�4 _ � �y� .. ,spa,'' oFa rc Or-� ' ' r� D EALZ'llsp:TE, rash. 2r20a q K'N OW .ALL MEN BY THESE P P\.v.,SE*L\ITS : Tha t WHEPXAS CITY OF C E.EI T I N C7 � and: 7 i.f C f� P A N k_ erelnati P% es:Urnated as "pri nclpa ) have en.teTe rota as a reeZ rntent Whereby princc ipal agrees to install and to Public itl pra se tS V which said agree nent� datedand ider_►tif ed as project 5tteet err �hUvet71eE2�5 � T�r7 1.16 5 4 s hereby referred to an- made apart here®:- and = - 19HEMS, Under --the terms.. "Of .said agreeneat, IDri.nC pal 4 required. before entering upon the perfor z' Ce €s� the work m t file � g�iad ar:d 'Sufficient` payment band W th the CITY OF Ci(PE'RTINfJ' - to- secure the- cla " to Wrzi..ch' reference -is made a::n #xtl'- � ca=�-encin ; With Secttian .3082 . -of Fart 4 . of Division-3 on- 3 of the. C:.vi1. Cod, . of the State . of l c r a ° � . TREREFC, said principal and the Ur�dersi" rzed as earpe e surety°, �ft7"e halal fi l bounil'unto the and RTIN ;.._ .: e tr etors subcontracts; lebo,? ers,, mater a i u vn_ an of er p rs emp . w t r r lane . of the .afares'ai:A agree erzt and -referred i the aw .-es ld ode ref C -rid. Procedure 'in .the. suxs of` s a 't C7r_ i`iF3eraS [ 6Zr#A3t I t-tiJo7 _ --on of .-.°..C�� �i3.i~3�.� y �' .�f?-`" 2132�3:i:`2 f S �I.•_�' L�1r"iL�L"' L' ; ��2?.. '�,'�iLvi�t= x.C3 d �it - �'c? With -- and -alSt3 3,n cas;a Suit is brought upon this -bond: -ra ll av i h"a. di.tio ���- . _ t e 3 cz the-'- .Lace - amount tha* real, costs and reasonacsl e expenses and gees reasonable attorne ys fees, incu�r�d'b CITI. O� CUP�RiI.NO * success'E .1 e ;.s',.orcing sLI;.h obli'ga'ti n' to be a"�7?x"d2d �nr2d � �d by the .caurgt,,, and to be tamed as costs and to he included -It is * hereby exP�.essl� stipulated in.d. Baal that his b`da.sho3.l` e {2 the ben ? t of arny and all p--rso,,j col _P2ni es and'cozrp rzat tans er�t ti tc ` * ? e c :dims under .title l� c��lxr=�:�? �?�` ��i�� Section 30 2 O Part 4 of Division 3 of the Civil Cede ' so as to �. - a , � of action to the --a Or their assigns its a�yp- sc�� t .brou h � � 0n t, :.s�bCti%G. - Should the ccndjtjo:, of this bond be �u? y Pe'-� 6bli,gat? on shall beco me null an -void othen-rise be- aind STATE OF CALIFORNIA "SS: at3ii CITY AND COUNTY of SAN FRANCISCO On this--------------6-th------- -------- - - -- ------day of ------- --- -- , P T L ------ - - .19 _ L before me LC 2 . ..• ....:. ................. .............. ... ....... a Notary Public, in and for the City and County and State aforesaid, duly commissioned and sworn, personally appeared-.-.-. ---------___-_-.----------- .--------- _._ . _---:-:, .- ----- ...... .......... � known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney -in -Fact of the Fidelity and Deposit Company of Maryland, and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as Attorney -in -Fact: t - - -------- --------- Notary-3�ublic in and for the State, of C if rnia, City and County of San Francisco BR (ie)1s .j ;13s1 `,Ci?"...i..,�.�, s _ _ ., _ San Francisco 211226 ,- -the cha& 4on thin bona' is 1 p 170. 00-2 yl%15. 483 iildelity n e rya 4v Oicy Or- INIARY3'. NI D s, crr rcar s, nrr. aria UBDIV SIoN PERT ORMA CE BOND OW ALT. LNIENIi BY THESE PRESS-AIT 7 Tczal; 1 rAS> CTTV OP 0(IPTR-rTN0 3ULFS ` it CtiNSTRIICTION COMPANY and,Lh' e_rei a ;l e d"—L-Clc' c 2S pX7.i2C ipa aV2 4Iil 2 C' into i2 2 meitrreby principal agreesrstal a"d c>�r,1e �,le- �,ta Ic imnt^ratrxm r►t e�'I-xinh znjA mt7sr-cararBsar,t-, ��cOm certc'in E?s3.giai`_ed � c'3 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIM RE, MD. Idow ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY of MARYLAND, a corpora- Lion of the State of Maryland, by, C> M. PECOT, J'R. , Vice -President, and PAUL E. ZACKARSKf .Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which readsas follows: "The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, resident Assistant .'Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances„ stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Paul G. Rusch Of S Francisco, California. its true and lawful agent and Attorney -in -Fact, to matte, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Paul Gm Rusch, dated January 24, 19674 The said Assistant Secretary sloes hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force: IN WITNESS WHEREOF, the said Vice -.President and Assistant Secretary have hereunto subscribed their dames and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY or MARYLAND, this -- -- ---o�1,9:------ -------day of .............. jI �,.9uB®®B p .7 ............. A.D. 19...». . stl ��;p oEaosA FIDELITY DEPOSIT COMPANY OF MA Yip AND ATTEST: - ------- .. ............ By --------_-------------_--- �14 STATE of IA1n � ssistanSecretsry ------ CITY OF$ArTrMOREss: .. , .. Vice -President On this 21 St day of Jul Maryland, in and for the City of Baltimore, duly commission d and qualified, came the above -named Vice -President and Assistant n , A.D. 19 76 before the subscriber, a Notary Public of the State of Secretary of the FIDELITY AND DEPOSIT COMPANY OF t SecA$YLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set tray hand and affixed my Official Seal; at the City of Baltimore, the day and y ear first above written. t4OTARi . Camm.m - ............................ � ......................................... c%.Puauc.4,. Notary Public Commission Ex pires�J,�-_l-, - r XCERTIFICATE 1, the undersigned Assistant e,cretary of the I''IDELITY AND DEPOSIT COMPANY OF MARY gND do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copyp is in full force and effect on the date of this certificate; and I do further certify that the Nice -President who executed the said Power of Attorney was one of the additional Nice -Presidents spe- cially authorized by the Board of Directors to ,appoint any Attorney -in -Fact as provided in Article V1, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY of MARYLAND at a meeting duly called and held on the 16th day of July, 1969. 12EsoLvED: "That the facsimile or mechanically reproduced signature of any AssistantSecretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified so ower of attorney valid and binding upon the Company with the same force and effect as thoughy of any �manually affixed ,peeped by the Company, shall be IN TEsmrmONv WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _. .tk _ --- -day of ............... A PRIJ ..:__. 19. 1_ 1,1419---CtE. 206396 ..........