80-050 Sierra Adler Dev. & Westwind Dev. Tract 6943Out of cuperti"o
Office of the City_ Clerk
10300 Torre Avenue
Cupertino, CA 95014
Telephone (408) 252-4505
October 25, 1980
Westwind Development, Inc.
13901 Campo Vista Lane
Los Altos, CA _94022
AGREEMENT
We are forwarding to you for your files a fully executed copy of the
Agreement by and between the City of Cupertino and ,Sierra Alder Development,
Inc,, and Westwind Development, Inc., along with a copy of Resolution No. 5447.
Sincere ,
DOROTHY CORN LIDS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
CITY OF CUPERTINO Our File. 51,530
INTERDEPARTMENTAL Date October 15, 1980
To Dorothy, Cornelius, City Clerk From Bert J. Viskovich, Director
of Public Warks
Information MESSAGE: Re: 'Tract No 69 3, Phar Lap Drive
Implement_ Sierra Alder Development, Inc. and Westwind,
Investigate Deve,
�) Discuss
See me Transmitted are the following documents:
1—� Reply 1. Three sets of improvement agreement for signatures of
~
forward a copy to Westwind Development, Inc.
Los Altos Hills, Ca. 94022
2. Copy each of Labor and Material Bond and Faithful Performance. Bond.
Industriallndemnty Company, Bond No. YS 812-61:73.
sm
Reply; encl.
SIGNED= DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
RESOLUTION NO. 5447
A RESOLUTION 4F THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT
NO. 6943 LOCATED AT PHAR LAP DRIVE AND OAKLEAF PLACE; DE-
VELOPER, SIERRA ALDER DEVELOPMENT, INC. AND WESTWIND DE-
VELOPMENT, INC., ACCEPTING CERTAIN EASEMENTS, AUTHORIZING
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, 6943 located at Phar Lap
Drive and Oakleaf_ Place showing certain avenues, drives, places and roads
by Sierra Alder Development, Inc. and Westwind Development, Inc.; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs and gutters, and for other
improver,ients, and goad and sufficient bonds, fees and deposits as setforth
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 bonds
having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said final map and improvement plans of Tract No; 6943, be and the
same are hereby_ approved,
b. The offer of dedication for roadway and for easements is hereby
accepted.
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 Cleric 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 6th day of October , 1980 by the following vote.
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
e
k
Resolution
No. 5447
EXHIBIT "Ars
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT Tract 6943
Sierra Alder Development, Inc. and
Westwind-Development, Inca
LOCATION
Part A. faithful Performance Bond:
200,000.00
Two Hundred Thousand and no/100 Dollars
Part B. Labor and Material - Bond ___
200.Oo0� 00
Two Hundred Thousand and no/100 Dollars
Part C. Checking and _Inspection Fee;
10.000.00
Ten Thousand and no/100 Dollars
Part D. Indirect City Expenses:
$
1,500.00
One Thousand Five Hundred and no/100 Dollars
Part E. yap _Filing Fee'._
$
136.00
One Hundred Thirty -Six and no/100 Dollars
Part F. Development Maintenance Deposit
$
520.00_
Five Hundred Twenty and no/100 Dollars
Part G. Storm Drainage Feet
$
6,824.00
Six Thousand Eight Hundred Twenty -Four and no/100 Dollars
Part H. One Year power Cast:
72.00
Seventy -Two and no/100 Dollars
Part I. Tree Fees:
By Developer
Part J. Park_ Fees:
12,636.00
Twelve T"nousand.Thirty-Six and no/100 Dollars
Part K. Water Main Extension Deposit
2
Two Thousand Seven Hundred Thirty -Six and no/100 Dollars
IY
"'
A G R E E M E N T
This AGREE_ Ali, made and entered into this 6th day of
October , 2980, by and between the CITY _ OF _ CUPERTINO a municipal
'corporation of the State of California, hereinafter designated as CITY, and
SIERRA ALDER DEVELOPMENT, INC. AND WESTWIND DEVELOPMENT, INC. ,
hereinafter designated as Developer.
WI'"TN E SSR 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 6943
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
fill
ract;" and `>
rv'HE E S, CITY hereby approves the improvement plans and specifications pre-
pared for the Tract by awack�d iso `tom
a true copy of said 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 improve-
ment
nt pl s and specifications shall be hereinafter called "the Plans," and the
work to be done under the Plans shall be called "the Work."
WHEREAS, pursuant to the provisions of this AGREMME IT, the CITY hereby
2-
1
,establishes the -amount of band, fees and deposit as set forth
in the
following
schedule
SCHEDULE OF BONDS, FEES AND DEPOSITS
Part A. Faithful Performance Bond:
$
200,000.00
Two Hundred Thousand and no/100 Dollars
Part B. Labor- and Material Bond:
$
200.00Q� 00
Two Hundred Thousand and no/100 Dollars
Part C. Checking and Inspection Fee.
104000.00
Ten Thousand and no/100 Dollars
Part D. Indirect City Expenses:
$
1,500.00
One Thousand Five Hundred and no/100 Dollars
Part E. Map Filing _Fee.___
$
136.00
One Hundred Thirty -Six and no/100 Dollars
Part F. Development -maintenance -Deposit
$
520.00
Five Hundred Twenty and no/100 Dollars
Part G. Storm Drainage Fee:
$
6,824.00___
Six Thousand Eight Hundred Twenty -Four _and _no/100 Dollars
Part H. One Year Power Cost,
$
72.00
Seventy -Two and no/100 Dollars
Part I. Tree Fees:
$
By Developer
Part J. Park Fees:
$
12,636.00
Twelve Thousand Thirty -Six and no/100 Dollars
Part K. Water Baan Extension Deposit
$
2.736.00
Two Thousand Seven Hundred Thirty -Six and no/100 Dollars
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED y 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
?edication,
(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 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 Work shall be done in accordance with existing-
ordin-ances and resolutions of the City of Cuperinci, and in accordance with all plans,
specifications, standards, sizes, lines and grades approved by the CityEngineer.
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,sizes, 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 dans 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
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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 is further agreed that the developer shall notify the
City Engineer of the exact date and time when the proposed excavation is to
commence.
3. UITCLAIM 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 44Tract" 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, Fart 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 prior to or concurrent with the execution of this agree-
ment by the CITY.
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s. 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 (Fart 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.
. 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_ (Fart E)
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is -further agreed that the Developer shall pay to the CITY, prior to
execution of this AGREEM&IT, 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-
9. 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
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 )<
.1.- ONE YEAR POWER COST
It is further agreed that the Developer shall pay to the CITY, prior t
execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part H),
which amount:represents 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 502, 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 tofaulty workmanship and/or materials appearing in said Work.
14. SANITARY DISTRICT
It is further agreed that the Developer shall file with CITY,"
ITY 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 lets 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,
16. CENTRAL FIRE DISTRICT
It is further agreedthatthe 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 and/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/err Pacific Telephone and
Telegraph Company that said fees are due and payable.
19. EASEMENTS AND RIGHT -OP -WAX
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 eminentdomainproceedings are
required by the CITY for the purpose of securing said easement and right-of-ways 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
-8-
}
separate polio 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 b is , and said policy or policies shall provide that
the coverage afforded thereby siall be primary coverage to the full limit, of
liability stated in the declarations, d 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 t1he loss
covered b,r said policy or policies, that other insurance Shall be excess imsu: ce
=17-
(a)
nlyg(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; 1
property'damage, $30,000 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 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 tan (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-aame such municipality or political subdivision and the provision
set forth herein and . ove for the protection of the City of Cupertino shall
equally apply to_municipality d political subdivision.
0
22. WATER CAIN EXTE``3 ION 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 an adopted Water Master Plan.
The amount shown herein at Park K, Page 2, shall be the full amount due.
23 TEBUMS 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 this AGREEMENT shall not be made without
approval by the City Council of said CITYr.
IN WITNESS WHEREOF, said CITY has caused its name to be hereunto aff®ced by
its :Mayor and City Clerk, thereunto duly authorizes; 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.- DEVELOPER:
SIE ALDER DEVELOPMENT, INC.
WESTWIND DEVELOPMENT, I C.
�F
City Attorney
— 10
NATE F CALIFORNIA
} ss,
COUNTY OF SANTA CL
On , l9 before me, the undersigned, a
Notary Public i and for said State,; personally appeared
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.
Atr,tary Ptio ii, in end for the Countv r
STATE OF CALIFORNIA Ort this _ _ _ t1 ._ _ dais crf _.._ ��� ` _ in the year one
COUNTY OF Santa Clara thousand nine hundred and before rne,
2almer- � a Notary Public, State of California,
duly commissioned and sworn, personally appeared
4t,x� A. oolcrth
OFFICIAL itAL � known to rare to be the __,_®_President-.®.._..,___.__®- of the corporation
DARLENE PALMER described in and Haat execrated thewithin instrument, and also known to
NOTARY PUBLIC - CALIFORNIA
SAN
T ; Tt rase to be the person _ : who executed the within instrument on behalf
My Commission Expires Sept, , 1982 of the corporation therein mused, and acknowledged to me that such
�. � r corporation execrated the ,same
IN WITNESS WHEREOF I have hereunto set my hand andaffxed
my official seal in the _ County of _ Santa. ClarEL
r,,r,dogurientisontyagenetallumvi„»t,may bep=opeitoruse — tae day and cit° ars this certi icateirs` t above written,
in simple transactions, and in no way acts, of is intended to act, as a r ` ✓ .,'�
stabstdute for the advice of an attorney- The udtlr,her doers not make any warranty,
ertnei expses5 oe ina shed, as to [he, iegat vaE ady of any paovision or [he sw1abdE€Y of..,"",CaliforniaMesa lonnsmany specific transaction. a' near I'tablic, tate of Cl
Cowderv's Form No, 28 — Acknowledgement Xlyy commission expires Sem 2 - .1
Corporation {C. C. Secs. 1190-1190,1}
of Santa Clara, sSta
t
BOND NO. YS 812-6173
ANY P t� f 3,600.00
FAITHFUL PERFOPMANCE AND CW11PLIETIO-N 111P_ -R EM.t :;T 3OND
(Subdivision Improvements)
V ALL. M_^.,N 3<7 l
THAT WE, WESTWIND DEVEL MENT, INC. AND SIERRA ALDER DEVELMEN` , LNC
as Principal and _ _JIMUST I COMPANY
P B 505 SCALIFORNIA 95150
as Surety are held and firmly bound unto the City of Cupertino, State of California, in
the sum of
Two Hundred Thousand and no/100 Dollars -__------- -------------------------
-------------------------------------------------------------- ollars ($ 200 000 0 )
lawful money of the United States, for the payment of which will and truly to be mad`,
we bind ourselves, our heirs, executors, successors and assigns, jointly and severally,
firmly by these presents,
THE CONDITION of the foregoing obligation 1s such that,
avEREAS, said Principal will perform all necessary improv
erients relative to
Tract 6943 Oakdell Ranch Unlit No. 3
located off Steygns
in accordance with the approved Improvement Plans prepared by Paul E. Nowack and Associates
Civil Engineer
on file in the Engineer's Office, City of Cupertino.
,THE_ EAS, Improvements shall be completed within one (1) year from the date of
Acceptance of this bond by the City Council.
;,MER.EAS, Improvementsshallbe maintained for a period of at least one (l) year after
acceptance of construction by the City. This bond shall be in full force 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.
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 done 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..
r;t_TJTT3z Vim_ LMrPRn '_ rhIs instrument has been duly executed by the Principal and
STATE OF CALIFORNIAis this _. 29th read of � � in the year one
COUNTY OF Santa C"1 aXa thousand nine hundred and �. 80 — _ before nae,
Thar l a Votary Public, State of California,
duly commissioned and saaiorn, personally appeared
Ronald A._ oOlwarth
known to me to be the PX_eS dente._ of the corporation
OFFICIAL SEA- described in and haat execrated the within instrument, and also known to
DARLENE PALMER
NOTARY PUBUC -CALIFORNIA RNIA me to be the person --- who executed sited the within instrument on behalf
SANTA CLARA 'i't of the corporation therein named, and acknowledged, to me that ;such
MY O-Imission Expires Sept, 28, 1982 corporation execrated the same
IN WITNE, SWHEREOF I have hereunto set my hand and affixed
my official seal to the _ County of Santa Clara
The document rs ably a general four which may Ge proper for use .,_:,.the day an ear ' this cert"if ate;if �.:st above writtc?�`2,.....
rn sinipie ttatisactrot and rn na way acts. er is nxlended to acl, asa
subshtule for the advice of air allorney, The publisher does not peke any wotanta.eilh,i �✓
thee loanepfina speech t anthe
cholegal vat�eAtyef any protxrsron or the suttabrtrfy[r7 Notary itbl,. State of California
tt,ess, ictrnrs to any specific ir8rssaciPort.
Cosi fiery='s Form No. 28 — Acknowledgement Aly r ominission expires Se'Dt . 28 1982
Corporation (C. C. Secs. 1190-11901 1)
Dam
Not
of
"fobier of
�ttvrneg o
HOME OFFICE -SAN FRANCISCO
all men bg t4esepresents:
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California;
and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint
its true and lawful attorney-in-fact for it and in its name, place and stead to execute on its behalf as surety; bonds, undertakings, stipu-
lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided
that the liability of the Company as surety under his authority in no one instance shall exceed the sum of
and reserving to itself full power of substitution and revocation.
This Power of .Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of
INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972, reading as follows;
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company,
in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby,is authorized to execute, acknowledge
or verify Powers of Attorney qualifying selected attorneys -in -fact to act under such Powers of Attorney to execute on behalf of
Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate
seal thereto;
"RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the
time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be
affixed by its proper officers; at the City of San Francisco, California, this ISt day of October 19 7
Attest: INDUSTRIAL INDEMNITY COMPA
, ryan nG , ante 1a23 Secretary Sio
ice President
STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO ss<
On this lst day of October 11979 before me, Mary Mueller
a notary public in and for the City and County of San Francisco, State of California, personally appeared
J. G. LaPlante and L. E. Mulryari
known to me to be the Senior Vice President and Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board. of Directors
on September 27, 1972, and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
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... MARY MUELLER
fl T 2Y P0LIC m (A! lFnRhilh Notary Pi in and for the City and County
CITY & COUNTY OF SAN FRANCISCOof Sa ancasco, State of California
' M1 Coirmission Expitss Aug. 3, 1993
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I,
L. E. Mulryan, Secretary of INDUSTRIAL INDEMNITY COMPANY,
do Hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this 29TH day of SE ER '19 80
SEAL
tt ry Secretary
BOND NO. YS 812-6173
PREMIUM INCLUDED IN
LABOR. AND MATERIAL BOND PERFORMANCE BOND.
(Subdivision Improvements)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of Cali ornia, and
WESTWIND DEVELOPMENT, INC. AND SIERRA AIDER DEVELOPMIl41', INC.
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction,_ and erection by
Principal of certain improvements more particularly described -in said contract;
and
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
INDUSTRIAL INDEMNITY 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 about the per-
formance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and all persons, _companies or corporations lend-
ing or hiring team;, 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
Two Hundred Thousand and no/100 Dollars ------------------------------------
----------------------------------------- 200,000.00 �4
THE. CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay for any materials, provisions, provender or other supplies or Learns
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 Un-
employment Insurance Act with respect to such work or labor, 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 actiontothem or their assigns in any suit
brought upon this bond,
"Labor and Material Bond ,age
{
And the said Surety, for value received, hereby stipulates, and agrees
that no changc, 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 sarre shall in any wise affect its obligations on this boad,
and it does hereby waive notice of any. such -change, extension of .Lime, alter-
ation
l eration or addition to the terms of the contract or to the work or to the spec!.-
fications.
IN WITNESS WHEREOF, this instrument has been .duly executed, by the Priacinal
andSuretythis 29TH day of SEPTEMBER , 19 8
WESTWIND DEVELO 'M E24T, INC. JWD SIERRA
ALDER D VELOPLE IINCA,
{To be signed by s
Principal and Surety BY;
and acknowledgment Principal
and
notarial seal
attarJied e }
INDUS'T'RIAL INDEMNITY COMPANY
Surety
By:
Attorney-in-Fac:- THOMAS B. FINNEERAN
The above bond is accepted. and approved this day of
l9
ss.
COUNTY of SANTA L,ARA)
On l9 before m, the undersigned, a
Notary Public in and for said State,' personally appeared
31
known to meto t
Instrument, and
WITNESS my
STATE OF CALIFORNIA
COUNTY OF Santa Clara
OFFICIAL SL�AI_
DARLENE PALMER
NOTARY PUBLIC -CALIFORNIA
SANTA CLARA COUNTY
My Commission Expires Sept. 2 , 1982
.bed to the wz tnin
d the same.
On this 29th dal{ of ent..__ in the year one
thousand time hundred and __ 80 . before me,
i ar1en . Pa.lr r __, a Notary Public, State of California,
duly commissioned and sworn. personally appeared
Ronald. A. I�roolworth-
known to me to be the President _ of the corporation
described to and that execrated thewithin instrument, and also known to
me to be the person _ who executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that such
corporation executed the same
IN WITNESS WFIERE FI have hereunto set my hared arid q f axed
my official seal in the--------, Conant of –Santa, Clara
Ihisdocrrrnent is onty ac general torrnwtnch may be poper for use the day and year iia his c rt%flan�sf(c idfr"%tteYt.
in ,rn5t}ie Irartsacimnsana m noway acIs of rs intended to act ase subcnilule tar the advicre of arkatminey. The oubfistter does not make any war raaly
wirer e nres or irrmghed, as to the regal vandq of any provenon of the: sir oftntrty of .Notary Public, State of California
these £or nts in any specrtrc transactiorz.
Cowdery*s Form Sao. S — Ackrio led ement My commission €,>xpirtr _. Sept, 8. 1 52
Corporation (C. C. Sees. 1190-1190,1.)
of &&ttarneg xt
r�
HOME OFFICE -SAN FRANCISCO
all e presents :
G
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California,
and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint
its true and lawful attorney-in-fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu-
lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided
that the liability of the Company as surety under his authority in no one instance shall exceed the sura of
and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of
INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September, 1972, reading as follows:
"RESOLVED, that the Chairman of the :Board or President or Executive Vice President or Sensor Vice 'resident of the Company,
in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby,is authorized to execute, acknowledge
or verify Powers of Attorney qualifying selected attorneys -in -fact to act under such Powers of Attorney to execute on behalf of
Industrial Indemnity Company bonds; undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate
seal thereto,
"RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the
time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be
affixed by its proper officers, at the City of San Francisco, California, this lot day of October , i9 79
Attests
rIitcWCV,TE3 1 �"
sz, r L. E. Mu cyan Secretary
STATE OF CALIFORNIA
CITY ANIS COUNTY OF SAN FRANCISCO} ss.
M.
On this lst day of October 1979 before me, Mary Mueller
a notary public in and for the City and County of San Francisco; State of California, personally appeared
J. G. LaPlante and L. E. Mulrya i
known to me to be the Senior Vice President and Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is -a true and correct copy of the resolution duly passed at a meeting of the Board of Directors
on September 27, 1972, and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
s44�4¢ti�olla�Il��xt�t4s4r4444444444ss��s4aa�4�s�4��s4IIg
MARY MUELLER
115LI - (W [FORM NoMP-
!40TARyCITY & COUNTY OF SAN FRANCISCQncisco, State of California
NAV Corrimiss.ioi Expires Aug. 3,19P3 »:
X008°44466041&a60l84104iG494896.:0��P90i758➢40�646�iD.n�.,� ...
I, L. E. Mulryan, Secretary of INDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this )oTu day of SEP ER 19 an