HomeMy WebLinkAboutLand Developments_American Oil - Stevens Creek & Wolfe Road - 01.15.1965 L? �-- = ieriCan Oil - Sbevens Cheek & �9blfeOM
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A G R E E M E N T
THIS AGREHU ENT made and entered into this _� '"" `� _day of
196$, by and between AMERICAN OIL
COMPANY, a Maryland Corporation, hereinafter -le`.'erred to as "OV1NER",
and CITY OF CUPERTINO, a municipal corporation of the State of
Califoi,: ia, hereinafter referred to as "CITY".
W I T N E S S E T H
WHEREAS, the OWNER is requesting approval for the change of
use of land within the CITY; and
WHEREAS, CITY will consider approval of such a charge in use
of land on the agreement that 3WNER will. construct curb, gutter,
sidewalk, and paving from the existing edge cf pavement on the
south side of Stevens Creek Boulevard to the lip of the proposed
gutter and driveway approaches on east side of Wolfe Road in
accordance with the approved improvement plans and in accorc ance with
the te=-ms contained herein, as well as other conditions as adopted
by CITY, and as i,cell as other conditions as may be req�_,ired ty the
City Engineer of CITY; now, therefore,
IT IS HEREBY AGREED by and between the parties hereto as
follows. to e wit:
(1) OWNER agrees to convey or cause to be conveyed to CITY
for ^oadway purposes, free and clear of any and all encumbrances,
a strip of land lying adjacent to and south of the Stevens Creek
Boulevard, being 15 feet wide. OWNER agrees to have e..—cuted said
deed and have executed the release of any and all encumbrances
against said strip of property, when sc requested by the CITY.
(2.) OkNER agrees to construct standard curb, gutter, and
shall construct City Special Street Section consisting of twelve
inches (12") of aggregate base and four inch.e: (4") of asphalt
concrete surface for the entire area between the existing edge o_
pavement on the south side of Stevens Creek Boulevard and the lip
of the proposed gutter, all for the entire length of OWNEM S
property along Stevens Creex Boulevard.
The said improvements shall be constructed in accordance with
the Standard Specifica: 4_ons of CITY, and shall be constructed under
the inspection of and to the approval of the City Engineer of CITY.
(3) It is further agreed that OWNER shall construct any and
all other improvements, as shown on the apprcved improvement plans,
including CITY standard electroliers, and storm drainage facilities,
in accordance with the standard specifications of CITY and to the
satisfaction of the City Engineer.
(4) It is further agreed that all of said improvements sriall
be completed within twelve (12) months from the date first above
written, provided, however, in the computation of said twelve month
period, delays due to or cause by Acts. of God, viz, major strikes
or other delays beyond the control. of the OWNER, sham_ be excluded.
It is expressly understood and agreed that if OWNER shall fail
to complete wor.r required by this Agreement within said. period of
twelve (12) months from the date hereof, the CITY, after giving
ten (10) days written notice thereof to the OWNER, '--Iay complete
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the same and recover the full cost and expense thereof from the
OWNER.
(5) It is further agreed that OWNER shall file with. 0M a
bond in the amount of FOUR THOUSAND DOLLARS ($4,000.00) to insure
full and faithful performance of the construction of all the
aforementioned improvement work and a bond in the amount of FOUR
THOUSAND DOLLARS ($4,000.00) to insure for labor and materials
for said work.
(6) it is further agreed that OWNER shall have deposited
with CITY, prior to execution of this Agreement, for office checking
of improvements and all necessary direct expenses incurred by CITY
in connection with said improvements, the sum of TWO HUNDRED DOLLARS
($200.00) . Should construction costs vary materially from the
estimate from Which said sum is calculated, the City Engineer shall
notify OWNER of any additional sums due and owing as a result thereof.
(7) it is further agreed that OWNER shall pay to CITY, prior
uo execution of this Agreement, indirect expenses allocable to pro-
cessing this improvement, the :um of THIRTY DOLLARS ($30.00) .
(8) it is further agreed that OWNER shall pair to CITY, prior
to execution of this Agreement, the storm sewer charges in connection
with the proposed commercial enterprise; in accordance with the
requirements established by Section 13:5 of Ordinance 47 (Revised
12/4,✓5l) , Fr E f-fNDRED SEVENTY' TWO DOLLARS ($572.00) .
(9) It is further agreed that the OWNER shall deposit with
-che CITY, upon execution of this agreement, in the amount of OI E
HUNP.RED DOU1 .ARS ($100.00) as a Developnent Maintenance 'Deposit to
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insure proper dust control and cleaning during construction period..
Unused balance to be returned after acceptance of improvements by
CITY.
( 0) I„ is further agreed that OWNER shall pay any and all
fees required by the Pacific Gas and. Electric Company for installa-
tion, testing, and connection of underground wiring circuit to all
electroliers as shown on said approved improvement plans, when
OWNER is notified by either -che City Engineer or the Pacific Gas
and Electric Company that said fees are due nd payable.
(11) It is further agreed that the OW.NEF shall file with the
CITY, upon execution: of this Agreement, a letter f'r�m the Central
Fire Protection District of Santa : ara Country, stating t'1at the
OWNER has entered -into an agreement pith the said District and
deposited all necessary fees to in.,ure installation aria Five (5)
year rental fee of all fire hydrants as required by said District.
(12) It is further agreed that OWPdER shall file with CITY,
upon_ the execution of this Agreement, a letter: from the Cupertino
Sanitary District stating that the OWNER has entered into a separate
agreemenA. with said. District to install sanitary sewerb to serve
OWNEFLtS property.
(13) It is further agreed that OWNER si--ill carry out any and
all negotiations with all interested parties, and perform or cause
to be performed, at :its own, cost and expense, any and all work of
construction required to raise, lower, relocate, or otherwise modify
any irrigation line or lines and/or waterline or lines and appurte-
nances and/or any public utilities existing on any portion of OWNER",
properly or within the existing and/or future public right-of-way
upon which the improvements are to be installed.
(14) It is further agreed that UWNER shall, upon written
notice thereof. immediately repair or replace, without cost or
obligation to the CITY and to the entire satisfaction of CITY all
defects and imperfections arising out of or due to faulty workman-
ship and/or materials appearing in said work within a period of
one (1) year after date of final completion and acceptance.
(15) It is further agreed that OWNER shall indemnify and
save harmless the CITY, the City Council, and the City Engineer. and
other officers or employees of the CITY from any suits, claims. or
actions brought by any persons for (:�r on acco,.Ant of any in'luri.es
or damag...s to persons or property sustained or arising in, t.e
cons'--ruction of the work due to anyacts, omission-, or negligence
of the OWNER, its o."'f cers, agents, er:ployeeU, or contractors.
OWNER shall carry Public Liability and Damage L^_s 'I _rice
in an amount reasoniably neces3ary to cover any _ irk. OWNTER slla it
file a certificate evidencing scene with CITY.
(16) It is further agreed that the above named terms '.,nd
conditions shall bind the heirs, successors, administrators, or
assigns of OWNER, and that OWNER, its successors and a:;ss-;r,.s shall
abide by all ordinances, laws, regulatic.ns in full ."-)rce and effect
at t;ie time of the doing of the wont herein provided to be Clo-ne.
The assignment of this Agreement shell not be made without
approval by City Council of CITY.
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k._
IN WITNESSa WMERECF$ CITY has caused its name to hereunto be
affixed by its Mayor and City Clerk, thereunto duly authorized by
resolution of the City Council, and OWNER has hereunto caused its
name to be affixed the clay and year first above written.
CITY OF CbTERT3210
B
or
By
City Clerk
OWNER: AMERICAN OII: COMPANY
a Maryland Corporation_
oi-
-f
Title
Title
APPROVED AS TO FORM
City �t"-rney
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Bond No. 656175
Premium: $40.00
FAI7 ]ErUL PEI�Fp AM C9KPLETIC4q IKPRCV0LWT BOND
cs ,ais ion I�vewents)
RNOW Ate. 14EN BY THESE PRESETS:
That we, AMEr A, I Q=HK. a iland-Corn- as Prin-
cipal and SEABOARD SURETY COMPANY as Surety are held
avd firmly bound unto the City of Cupertino, State of California. in
the sum of Four Thousand Dollars (fit.000.OQ ) law-
ful mono-_, of the United States, for the payment of whicb will and
truly to be made, we bind ourselves, our heirs, executors, successors
and assigns, jointly and severally. firmly by these presents.
THE CONDITION of the foregoing obligation is such that,
WHEREAS, said Principal will perform all necessary improve-
ments relative to Stevens Creek Blvd. and Wolfe Road
located on the southeast corner thereof
in accordance with the approved Improvement Plans prepared by
Sidne: R. Ylitchel Civil Engineer on file in
The Engineer's Office, City of Cupertino,
WHEREAS, Improvements shall be completed within one (1) year
from the date of Acceptance of this bond by the City Council .
WHEREAS, Improvements shall be maintained for a period of at
least one (1) year after acceptance of construction by the City.
This bond shall be in 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 vanner
specified therein, then this obiivation shall be null and void;
otherwise this bond shall remain in full force and effect.
IN WITNESS .4M EoF, this instrument has been duly executed, ;by
the Principal and Surety this 4th day of '4avember , 19 64 .
THE AMERICAN OIL COMPANY
(To be signed by Principal
Principal and Surety
i�
and acknowledgment By:
and notarial seal Manager, Insurance Division
attached) s,�F .aRn5 11BEJX CQ2ANv
Surety
y
�At
torney--in--Fact - ,Tacet Souter
The above bond is accepted and approved this day of.
19
t _
a
s .
CORPORATE AMNOWLEDGEMENT
STATE OF ILLINOIS)
ss .
COUNTY OF COOK )
"--sonally appeared before me, °'r T�=,m, Mir;32c - - 1risora ce
r The 7 r- -n ^i? mr? -nv as princip .1, and
acknowled-ed the execution of the attached bond this 4 �t
day of
L
Wizness my sand and my seal the said last named date .
m -
Notary Public
iy 73 "�
No. 4&65 Hoinim tDtarvt��
fboer of Mann
Nu �U Mon by 1#rar rege4g: That SEABOARD SURETY COUPA\rY, a corporation of
the State of New Fork, has made, constituted and appointed .apd by these presents does make, constitute
and appoint Janet Soutar,
of Los AA&Ies, California,
its true and lawful Attorney-in-Fact, to make, e,:-cute and deliver, on its behalf as Surety, bonds, under-
takings and other obligatory 'instruments of similar nature as follows. Without Limitations.
Such bonds, undertakings and obligatory instruments for said purposes, when du,v executed by the afore-
said Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if stic_h
bonds, undertakings and obligator- instruments were signed by the duly authorized officers of the Company
and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority
herebv given, are hereby ratified and confirmed.
This appointment is made pursuant to the followingg By-Laws which were duly adopted by the B,,ard of
Directors of the said Company on December 8th, 1W and are still in full force and effect:
ARTICLE VI, Paragraph 6.7:
"Attorneys-in-Fact may be appointed by the President or a Vice-President upon such terms and with such powers
and duties as he may prescribe."
ARTICLE X1, Paragraph 11.1:
"All policies, bonds, recognizances, stipula°ions and all underwriting undertakings shall be valid:
(a) when signed by the President, or a Vice-President, or a Res=dent Vice-President, and by a Secretary, or an
Assistant Secretary, or a Resident Assistant Secretary or other duly authorized official or agent of the Cam-
po1y; Or
(b) when executed by an Attorney-in-Fact."
In Witness Whrreaf, 51EA BO:%RD SURETY CO NiPAN':` 1- -aused these pre eras to, be signed
,y its lice-Presir)ent, and its c,rprorale seal to be hereunto snd tlu)%, attested by its Assistant Sec-
retary, This _ = dad of .-._-.. :�. _ - - - 19 Jc.
Attest: SEABOARD SURETI' COMPANY,
By
(Seal)
Assistant Secretary lice-President
STATE OF "r.AV YOR.ti
SS.
COUNTY OF NE- tV YORK ,
On this... day (if ----....._._ _._._._-_ ... 19 before me persnn, - appeared
� 1_i e President of ;�F:Ail,OAhi? S('R1?'1"V
('0MPA:AN', with whom 1 am per,,onally acquainted, who,, being by me duly sworn, said that he re�iti�
In the Stale of t` ; that he is Vice-('resident ,,r EAI3UARD SChE'1'1' Co %IfIA�;� ,
the c,,rpor;,tit,n de;c- oed in and w!-ich executed the foregoing instrument; that he knows the corporate seal
of the said Cotnpar.'. ; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by „ruler of the Board o` Directors of said Company; and that he stoned his name thereto as Floe-PreSi vnt
cif said Compan%- by like authority.
(Seal) Rode
a ,4 of Nov York Notary Public
S''ATI f)f 'i f �4' 't ORIC tl F el i4 1 CIuaa.if�ied -I n a�ore Caen t',
C{>L "1'1" +�1 �3 ��' "OI 1: ? ss.: Cex-,I icat� fi2Ld. in. Nurvi York Cot-lair
t,s L ten
n on Iz. March
th t
__ _. _ ._. _ . . .._.. .....__ ..__ _.. _..._ _... -___ _._ _. __ ^_ Ass Secretary of
S1EABOARD SUJZET`," COMPAN\N", do herel)v certify that the above and foregoing is a true an(! correct
copy of a povmr of att,,rney executer; 1Ly said SEABOARD SURETY COMPANY, which is still in full
force and effect.
In tgttness Mhereaf. 1 have signed this certificate at New York, Neya,,',i rk, this_ —.day of
r
gyp
►®• -•,,,p,� j A9S:stant Secretary
1927 � �• rz .
{j ti
ti
Form S!T iZ4�. 1933
LABOR AND KAWRIAL FAWD B*W No. 65 617 5
S ubdlivrishin _rovements) PremLua Luc.luded ire
Performnee Bond.
iMM &L MN BY THESE PR&Mn:
VNETWAS, the City o'," Cupertino, State of 07allfornia., and
OIL ,q9A=, a Maryland 0QrRL)0tjm
he c_. P reMXter designated as "Frin KEW- Have 3RFre3 in. or area ai
to enter Into a contract providing foi the installation, constrw ationjp
and erection by Principal of certain improvements more particularly
described In said contracts, and
WERUM., said Principal is required to furnish a bond in connec-
tion isrith said contract,, providing that If said Principal., or any of
his ox Its subcontractors,, shall fail to pay for any materials,, pro-
vIs1ot,0-,, 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;
NONs ME REFORE, we, the Principal,, and
SURETY COV!PANY
as Surety., firmly bind ourselves., our executors:, istrafors, suc-
cessors and assigns,, jointly and severally, unto the City of Cupertino,
and any and all materialmen, persons, companies,, or corporations fur-
nishing materials, provisions, provender or other supplies used In,
upon, for or about the performance of the aforesaid work contracted to
be executed or performed under the contract hereinabove mentioned, and
all persons, companies or corporations lending or hiring teams, impla-
ments 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
r
Principal. or by any other person, in the just an.: full Bum of Fc,u
Thousand Dollars
R 4,000.00-
TIE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal,
his or its subcontractors, heirs, executors, administrators, successors
or assigns, shall fall to pay for any, materials, provisions, provender
or other supplies or teams used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor thereon
of any kind, or for amounts due tinder the Unemployment Insurance Act
with respect to such work or tabor, then said Surety will pay the
same and also will pay in cce;e 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 pers,-)ns, com-
panies, and corporations entitled to file claims under Section 1184.1
of the Code of Civil Procedure, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates, and
agrees that no change, extension of time, alteration or addition to
the terms of the contract or to the work to be performed thereunder
or the specifications accompanying the same shall in any wise affect
its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN WITNESS WHEREOF,, this intrument has been duly executed, by
the Principal and Surety this 4thday of N9XgELbej__.__ , 1:)_LIL_.
(To be signed by THE AMERICAN OIL COMPANY
Principal and Surety Frin-cipa3 By:
and acknowledgment
and notarial seal SEABOARD SURETY COMPANY
attached) Tu—r-eT-y
By:
Alltorney-ifi-Facf Janet Souter
The above bond is accepted and ap,�rov this day of
s I
o
CORPORATE ACKNOWLEDCOGW
D
STATE OF ILLINOIS)
ss.
COUNTY OF COY.. )
Personally appeared before me, W• F. Brown, Manager Ins,clrance
Division of The American Oil Company as principal, and
acknowledged the execution of the attact. .d bond this 4th
day of November 9 1964
Witness my hand and my seal the said last named date.
Notary Pu lic
My Commission expires July 1 , 1967 .
Certified Copy
SEABOARD SUREIrY COMPANrY
No. '4�A,'5 MOMS oviracic
100 WUAIAK STMMT.W8Wy01 M 36.N- y.
;0awrr of Anomeg
XHm w all Arn bg I#Por 1rr1tsMs: That SEABOARD SURETY COMPANY, a corporation of
the State of New York, has made, cc.•nstituted and appointed and by these pre: - does make, constitute
and appoint Janet 3outer,
of Aa les, ialif atmia,
its true and lawful Attorney-in-Fart, to make, execute and deliver, on its behalf as Suret,r, bonds, under-
takings and other obligatory instruments oi: similar nature as follows: Without Limitations.
Such bonds, undertakings and obligatory instruments for said purposes, when duly executed by the afore.
said Attorney-ir:-Fact; shall be binding upon the said Company as fully and to the same extent as if such
bonds, undertakings and obligatory instruments were signed by the duly authorized officers of the 0-inpany
and sealed ivith its corporate seal; and all the acts of said Attorney-in-Fact, I ursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were dulN adopted by the ", and of
Directors of the said Company on December 8th, IW7, and are still in full force and effect'
ARTiCLE V1, Paragraph 6.7:
"Attorneys-in-Fact may be appointed by the President or a Vice-President upon suet; terms and with such powers
and duties as he may prescribe-"
ARTICLE X1, Paragraph 11.1:
"All policies, bonds, recognizarices, stipu?ations and all underwriting undertaking- shall be valid:
(a) when signed by the President, or a Vice-President, or a Residentice-Preside it, and by a Secretary, 0- an
Assistant Secretary, or a Resident Assistant Secretary or other duly authorized official or agent of =.he Com-
pa iy. or
(b) ,:hen executed by an Attorney-in-Fact."
In Witness V14cred. SEABOARD SI-RETY C(_.)M AN thra pre,ent; t,, `�e iz�ne '
by its Vice-President, and its c,,rpuratc seal to be hereunto affixed and otc,ty d 1;,, it,
retarti-, this :, : day of
Attest SURIZ Y 0)MI"°'-\Y,
By
(Seal) tr
-\Ssistant Secretary l`icF-z'resider:t
STATE OF NEXV YORK � s,•:
COL:: TY OF N l:�N'FORK j
On this- dad- of_ x' ..._............. 19 " befo: rrte perst,naditi appeare-d
ice-Presidevt t,f ,�F \I,, RI) SI-"k F 1
C 0 N I PA 1 Y, with w•horn 1 am pers,mally acquainted, who , being by me duly sw�,rn, si6d that he rta-i3c�
in the Statc of w= ; that he is "ice-President of SEABOARD S[`I:l•:TV t't rM PA N�
the c,rrp,,ration de:scribed in and -which executed the foregoing instrument; that he kn,)ws the c�,rl,,,ratt sc:.l
of the said Company; that the seal affixed to -:rid instrument is such corporate seal; that it wa. ,,) aftixc
by finder of the Board of Directors of said Company; and that he signed his name thereto as rice-President
of said Company b,, like authority.
(Seal) a�'
S,;ave „ Nov York Notary Public
STATE OF -N Etk' YORK ) I.c] '�� w'14C Q4ta!IZ .ed in Broth
8 ����Gi3' filed `.II 1'IJ4w u yG...r
COUNTY OF :N A' YORK 1
I it
rr7 ]`Sis ,t t�: fw7t
..y
............... _......... _ ere r v
SI ABOAJR,U SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct
cr)py of a power of attorney executed by said SEABOARD SURETY COMPA\Y, which is still in full
force and effect
In TUatteao Mllrreaff. I have signed this certificate at New York, tieyv:'York, this.__4,,_ __-.day of
November
' =
r" Aisristant Secretary
1927
r Form 147 Rev,1958
J
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