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85-008 Guzman, Richard and Claudia - Improvements to Poppy Dr (Reso 6508 and 6609) and Tract 656 on Villa VistaCjtVj of -14-perfi"o 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK March 6, 1985 Richard and Claudia Guzman 901 W. Cardinal Drive Sunnyvale, CA 94087 IMPROVEMENT AGREEMENT - POPPY DRIVE P.O. Box 580 Cupertino, California 95015 We are enclosing to you for your files and information a fully executed Agreement by and between the City of Cupertino and Richard and Claudia Guzman, along with one (1) copy of Resolution No. 6580, which was enacted by the City Council of the City of Cupertino at their regular meeting of February 19, 1985. Sincerel ,I DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of'Public Works RESOLUTION NO. 6508 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY LOCATED POPPY DRIVE; DEVELOPER, RICHARD GUZMAN AND CLAUDIA GUZMAN; AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS WHEREAS, there has been presented to the City Council for approval of the parcel map and improvement plans of property located on Poppy Drive by Richard Guzman and Claudia Guzman; and WHEREAS, there has been presented to the City Council a - proposed agreement for the construction of streets, curbs, and gutters, and for other improvements, and good and sufficient bonds (letter of credit, 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 agreement and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map and improvement plans herein referred to are hereby approved. b. The offer of dedication for street areas and all easements is hereby accepted. C. The City Engineer is hereby authorized to sign said improvement plans. d. The City Engineer and the City Clerk are hereby authorized to sign said parcel map and have it recorded. 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 19th day of February, 1985 by the following vote: -1- RESOLUTION NO. 6508 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Residential Dwellings Richard Guzman and Claudia Guzman LOCATION: Poppy Drive A. Faithful Performance Bond: $115,000.00 One Hundred Fifteen Thousand and no/100 Dollars B. Labor and Material Bond: $115,000.00 One Hundred Fifteen Thousand and no/100 Dollars C. Checking and inspection Fee: $ 14,600.00 Four Thousand Six Hundred and no/100 D. Indirect City Expenses: $ 690.00 Six Hundred Ninety and no/100 Dollars E. Development Maintenance Deposit: $ 310.00 Three Hundred Ten and no/100 Dollars s F. Storm Drainage Fee: $ 1,7514.00 One Thousand Seven Hundred Fifty-four and no/100 Dollars G. One Year Power Cost: $ 36.00 Thirty-six and no/100 Dollars H. Street Trees: By Developer I. Map Checking Fee: $ 50.00 Fifty and no/100 Dollars J. Park Fee: $ 12,528.00 Twelve Thousand Five Hundred Twenty-eight and no/100 Dollars K. Water Main Extension Deposit Main Installation L. Maps and/or Improvements Plans: By Developer -3- A G R E E M E N T This AGREEMENT made and entered into this 19th day of FEBRUARY 1985 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and RICHARD GUZMAN AND CLAUDIA GUZMAN hereinafter designated as DEVELOPER. W I T N E S S E T H WHEREAS, the DEVELOPER has made application to the CITY for a building permit from CITY to construct and maintain a residential development, hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by American Design & Engineering; 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 improvement 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 to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: Page 1 Page 2 SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: N/A PART A. Faithful Performance Bond: $115,000.00 One Hundred Fifteen Thousand and no/100 Dollars PART B. Labor and Material Bond: $115,000.00 One Hundred Fifteen Thousand and no/100 Dollars PART C. Checking and Inspection Fee: $ 4,600.00 Four Thousand Six Hundred and no/100 Dollars PART D. Indirect City Expenses: $ 690.00 Six Hundred Ninety and no/100 Dollars PART E. Development Maintenance Deposit: $ 310.00 Three Hundred Ten and no/100 Dollars PART F. Storm Drainage Fee: $ 1,754.00 One Thousand Seven Hundred Fifty-four and no/100 Dollars PART G. One Year Power Cost: $ 36.00 Thirty Six and no/100 Dollars PART H. Street Trees: BY DEVELOPER PART I. Map Checking Fee: $ 50.00 Fifty and no/100 Dollars PART J. Park Fee: $ 12,528.00 Twelve Thousand Five Hundred Twenty-eight and no Dollar PART K. Water Main Extension Deposit: Main Installation PART L. Maps and/or Improvement Plans: By DEVELOPER Page 2 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 show on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of al.l liens or encumbrances excert thnGP which the ('TTY 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; said Preliminary Title Report shall be furnished by DEVELOPER. (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 tecover any and all costs incurred thereby frcm,the DEVELOPER or the DEVELOPER'S surety or both. B6. 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 Page 3 in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. 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 laying 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 dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 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. 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, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C).,Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). Page 5 7A. MAP FILING FEE It is further agreed that CITY, prior to execution of this final map and field checking with Section 4:1 of Ordinance No. the amount as set forth herein at the DEVELOPER shall deposit with AGREEMENT, for office checking of of street monuments, in compliance 47 (Revised 12/04/61) of CITY, Page 2 (Part I). 8. 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 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. 9A. STORM DRAINAGE FEE It is further agreed that CITY, prior to execution of this in connection with said Project established in Resolution 4422, set forth herein at Page 2 (Part the DEVELOPER shall deposit with the AGREEMENT, a storm drainage charge in accordance with the requirements March 21, 1977, in the amount as F). 9B. WATER 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 and adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. 11. 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. Page 6 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 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. 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 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 13 above has been filed. 15. 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. 16. 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 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. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH 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 Page 7 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 Teltphone 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 the City of Cupertino. 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, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst 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. 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 separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be 'on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. Page 8 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. 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. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven (7) prints of fully executed parcel maps. B. A mylar sepia and thirteen (13) prints of fully executed tract maps. C. A mylar sepia and eleven (11) prints of fully executed improvement plans. D. A direct duplicating silver negative microfilm aperature card of -all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. Page 9 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. Approved as to form: ity Attorne Notary Acknowledgement Required GENERAL ACKNOWLEDGMENT State of SS. County of j�/gyGZ� CITY OF CUPERTINO �j J vr%t Ci Clerk:J DEVELOPER On this the -aL day of Y 19-9-4, before me, the undersigned Notary Public, personally appeared s. •a•... KIMBERLY HANSEN ❑ personally known to me _ 9 NOTARY Pl36LdC-CA; (FCRNiA Proved to me on the basis of satisfactory evidence i to be the person(s) whose name(s) C!►'�- subscribed to the SANTA CLARA COUNTY My Comm. Exp. Mar. 7, 1sas within instrument, and acknowledged that executed it. '• " ___ WITNESS g1y hand and official seal. NotaYyrs Signatu 110122 - -�- �— - ­—tura nava. • r.u. Box 4625 • Woodland Hills. CA 91364 RESOLUTION NO. 6609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF WATER MAIN EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND RICHARD GUZMAN - POPPY DRIVE WHEREAS, there has been presented to the City Council a "Reimbursement Agreement for Water Main Line Extension between the City of Cupertino and Richard Guzman", for the City to reimburse the developer for the installation of excess water lines and appuretenances beyond his responsibility on Poppy Drive; WHEREAS, the provisions of said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the aforementioned agreement on behalf of the City of Cupertino and said agreement authorizes the reimbursement from the Water Utility Fund of expenses incurred by the developer beyond his responsibility. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June. 1985, by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Phil N. Johnson City Clerk Mayor REIMBURSEMENT AGREEMENT r This agreement, made this day ofr� 1985, by and between the City of Cupertino and Richard Guzma Developer; and WHEREAS, Developer has installed a water main extension along Poppy Drive beyond the limits of his subdivision; and WHEREAS, the Developer and the City agree to establish the amount of reimbursement by the unit prices the City receives from public bids; and WHEREAS, the Developer agreed to install the main extensions in accordance with the standard details of the City; and WHEREAS, the Developer agrees to maintain the lines in accordance with the terms and provisions of the original development agreement; and WHEREAS, the City agrees to reimburse the Developer at the unit prices estabished by the bids on "1984-85 Miscellaneous Water Main Replacement Pro- ject 85-107"; the total reimbursement is to be determined by the Director of Public Works upon receipt of the certified field quantities supplied by a civil engineer. NOW, THEREFORE, BE IT AGREED between the parties hereto, that upon receipt of a civil engineer's certification of field quantities, the City will reimburse the Developer within thirty (30) days. DEVELOPER Richar Guzma Approved as to form: CitaAttoe CITY OF CUPERTINO SUBDIVISION IMPROVEMENT BOND BOND NO. 001230 FAITHFUL PERFORMANCE PREMIUM: $2,875.00 (PUBLIC IMPROVEMENTS) WHEREAS, the City Council of the CITY OF CUPERTINO, State of California, a n d RICHARD GUZMAN AND CLUDIA GUZMAN have entered into complete certain dated March 25 (hereinafter designated as "principal") an agreement whereby principal agrees to install and designated public improvements, which said agreement, , 1985 , and identified as PERFORM ALL NECESSARY IMPROVEMENTS RELATIVE TO TRACT 656 VILLA VISTA is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and CAPITAL BONDS AND _ INSURANCE CIMANY , as surety, are held and firmly bound unto the CITY OF CU- PERTINO (hereinafter called "City") , in the penal sum of ONE HUNDRED FIFTEEN THOUSAND ONLY-------------------------------- dollars ($ 0 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provi- sions in the said aq_reement and any alteration thereof_ made as the"rei^ provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligaion shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications f_`CAICMAI Al11l NIA\A/1 Cr1l_AACNIT (STATE OF CALIFORNIA (COUNTY OF SA22A CRUZ On PARCH 25, 1985 State, personally appeared before me a Notary Public, within and for the County and W9 1 I r i V° ANZ• known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of and for the CAPITAL BONDS AND INSURANCE CaMPANY and acknowledged to me that she subscribed the name of CAPITAL BONDS AND INSURANCE COMPAWL thereto as Surety, and her own name as Attorney -in -Fact. OFFICIAL SEAL NOTARY PUBLIC - CALIFORNIA "—'''�'• SANTA CRUZ COUNTY Nay Comm. Expires Feb. 21, 1986 C: f--R45f. ALi Ata"A_�7 Notary Public BOND NO. 001230 SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIALS (PUBL' IMPROVEMENTS) WHEREAS, the City Council of the CITY OF CUPERTINO State of California, and RICHARD GUZMAN AND CLAUDIA GUZMAN (hereinafter esignate as"principal' have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated MARCH 25, 1935, 19 , and identified as PERFORM ALL NECESSARY IMPROVEMENTS RELATIVE TO TRACT 656 VILLA VISTA is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the CITY OF CUPERTINO to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the CITY OF CUPERTINO and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED FIFTY THOUSAND ONLY----------------------------------------- dollars ( $ $115, 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 said 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 City 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 persons, 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 performed, 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 terms of said aarePment or the specifications accompanvinq the same shall in any GENERAL ACKNOWLEDGMENT NO. 201 (STATE OF CALIFORNIA ) (COUNTY OF SANTA CRUZ ) On MARCH 25 1985 ,before me a Notary Public, within and for the County and State, personally appeared MADELAIM E. GENTRY , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of and for the CAPITAL BONDS AND INSURANCE CMpANy and acknowledged to me that she subscribed the name of CAPITAL BONDS AMID INSURANM My thereto as Surety, and her own name as Attorney -in -Fact. OFFICIAL SE42 ELMER DALE AL KSEY D NOTARY PUBLIC - CALIFORNIA :rr p SANTA CRUZ COUNTY Notary Public 011 My Comm. Expires Feb. 21, 1986 001230 CAPITAL BOND AND INSURANCE COMPANY GENERAL POWER OF ATTORNEY HOME OFFICE — RIVERSIDE KNOW ALL MEN BY THESE PRESENTS, that CAPITAL BOND AND INSURANCE CO., a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the City of Riverside, California, pursuant to the By -Laws which were adopted by the Directors of the said Company and are now in effect, which state that: "The Company President shall have power and authority to appoint Attorneys -In - Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them. " Has made, constituted and appointed and by these presents does make, constitute and appoint, subject to provisions and limitations herein set forth MADE=NE E. GENTRY pf SAN JOSE, CALIFORNIA its true and lawful agent and attorney-in-fact to make, execute, seal and deliver as surety, and as its act and deed, bonds and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof. The authority of such Attorney -in -Fact is not to exceed ON ANY ONE RISK ONE HUNDRED TWENTY FIVE THOUSAND ONLY --- -------------- -------eollars $125,000.00 And 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 in their own proper persons. IN WITNESS WHEREOF, CAPITAL BOND AND INSURANCE CO., has caused these presents to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this 25th day of MARCH , 19 85 CAPITAL BOND AND ISURANCE CO., --_. _, r RJ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) esident— ON this 25th _ day of _ MARCH A.D. 1985 before the subscriber, a Notary Public of the State of California, in and for the County of Riverside, duly commissioned and qualified, came Tony Jimenez, Jr., President of CAPITAL BOND AND INSURANCE CO., to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledges the execution of the same and being by me duly sworn, deposed & said that he is the officer of said Company, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, & said Corporate seal & his Signature as officer were duly affixed & subscribed to the said instrument by the authority & direction of said Corporation, & that the By -Laws of said Company, referred to in the preceding instrument are now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of Riverside, the day and year first above written. otary Publ s OFFICIAL SEAL s GEORGE E. SPRENG * NOTARY PUBLIC—CALIFORNIA � NOTARY BOND FILED IN # RIVERSIDE COUNTY * My Corrwnmsion Expires October 18. 19%8 s