HomeMy WebLinkAboutLand Developments_All American Market - 01.04.1961 All 1oerican met
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AGREEMENT
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This Agreement, made and entered into this day of
1.961, by and between J. A. MOREING, hereinafter
referrel to as "OWNER", and CITY OF CUPERTINO, a municipal corpora-
tion of the State of California, hereinater referred to as "CITY".
WIT N E S S E T 'ri:
WHEREAS, the OWNER has secured rezoning and as securing a
building permit from City to construct and maintain a commercial
enterprise ; and
WHEREAS, CITY considered said rezoning and will consider
approval of the !)wilding permit on the agreement that OWNER will
construct curb, gutter, commercial sidewalk, and paving from the
center line of 31aney Avenue westerly to the lip of the proposed
gutter and curb, gutter, commercial sidewalk and paving from the
existing northerly edge of pavement or 3ollinger Road northerly
to the lip of proposed gutter in accordance with the approved
improvement plans and in accordance with the terms contained herein,
as well as other conditions as adopted by CITY, and as well as other
conditions as may be required by the City E'nglneer of CITY; now,
therefore,
IT IS HEREDY AGR,':ED by and between the parties hereto as
f o.ilows, to wit :
( 1) OWNER agrees to convey to CITY for roadway purposes ;
free and clear of any and all encumbrances, a ten foot (lot ) strip
of property lying westerly from the westerly line o:f Blaney Avenue,
and a talent}-five foot ( 251 ) strii� of property lying northerly from
a
I.-he northerly .line of Bollinger Road, all for the full length
of owner's property, and OWNER agrees to execute said deed and
have executed the release of any and all encumbran.c,=s against said
strips. of property, when so requested by CITY®
(2) It is further agreed that OWNER shall construct standard
curb, gutter, commercial sidewalk, and shall construct City standard
street section consisting of einht inches (B") of untreated base
rock and two and one-half inches (2.�") of plant-mixed surface for
the entire area between the ',ip of the proposed gutter and Lhe
center line of Blaney Avenue, all for the entire length of OW'NERIS
property along Slaney Avenue, as specified on the approved improve-
ment p}.ans. The said improvements shall be constructed in accord-
ance with the standard sp,,cif- cations of CITY, and shall be
constructed under the inspection of and to the formal approval of
the City Engineer of CITY.
(3) it is further agrecu Lhat OWNER shall construct standard
curb, gutter, commercial sidewalk, and shall. construct City
Special street section consisting of ten inches ( 10" ) of untreated
base rock and two and one-half inches, (2'�11) of plant-mixed surface
for the entire area bet.weE;, the lip of the proposed cutter and the
existing northerly edge of Pavement of Bollinger Road, and shall-
construct City Specicl Street Section consisting of one inch ( 1.11 )
plant-mixed surface ?_aid upon existing pavement for the entire area
between the existing northerly edge of pavement of Boll! -,ger Road
and the centerline of Bollinger Road, all for the entire length
of OWNER'S property along Bollinger Road, as specified on the
approved improvement plans. The said improvements shall be
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AG RE�E MEN T
This Agreement, made and entered into this day of
1961, by and be,-ween J. A. MDREIIW, hereinafter
referred to as "OWNER", and CITY Oc MPERTI 3, a municipal corpora-
tion of the State of California, hereinater referred to as "CITYO.
W I T N E S S E T H,
V:`HEREAS, th- OWNER has secured rezoning and is securing a
building permit from City to construct and maintain a commercial
enterprise; and
WHEREAS, CITY considered said rezoning and will consider
approval of the building permit on the agreement that OWNER will
construct curb, cutter, commercial sidewalk, and paving fror, the
center line of Blaney Avenue westerly to the lip cf the proposed
gutter and curb, gutter, commercial sidewalk and paving from the
existing northerly edge of pavement of Bollinger Road northerl)r
to the lip of proposed gutter in accordance with the approved
iriproverrent plans and in accordance with the terms contained herein,
as well as ott . _r conditions as adopted by CITY, and as well as other
col,;'itiors as may be required by the City Engineer of CITY; now,
therefore ,
IT IS HEREBY AGREED by and between the parties hereto as
follows, to wit:
( 1) OWNER agrees to convey to CIIY" for roadway purposes ,
free and clear of any and all encumbrances, a ten foot ( lot ) strip
of property lying westerly from the westerly line of Blaney avenue,
any; a twenty-five foot ( 251 ) strip of property lying northerly from
the northerly Line of Bollinger Road, all for the full length
of owner's property, and OVER agrees to execute said deed and
have executed the release of any and all encumbrances against said
strips. of property, when so requested by CITY.
(2) It is further agreed that OWNER shall construct standard
curbs gutter, commercial sidewalk, and shall construct City standard
street section consisting of eight inches (90) of untreated base
rock and two and one-half inches (252") of plant-mixed surface for
the entire area between the lip of the proposed gutter and the
center line of Blaney Avenue, all for the entire length of OWNER'S
property along Blaney Avenue, as specified on the aY roved improve-
ment plans. The said improvements shall be constructed in accord-
ance with the standard specifications of CI: _ , and shall be
constructed under the inspection cL and to the formal approval of
the City Engineer of CITY.
(3) It is further agreed that OWNER shall construct standard
curb, gutter, commercial sidewalk, and shall construct City
Special street section consisting of ten inches (10") of untreated
base rock and two and one-half inches (2:z") of plant-mixed surface
for the entire area between the lip of the proposed gutter and the
existing northerly edge of pavement of Bollinger Road, and shall
construct City Special. Street Section consisting of on ) inch ( 1" )
print-mixed surface :paid upon existing pavement for the entire area
between the existing northerly edge of pavement of Bollinger Road
and the centerline of Bollinger Road, all for the entire length
of OWINEMS property along Bollinger Road, as specified on the
approved improvement plans. The said improvements shall be
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constructed in accordance with the standard Specifications of
CITYv and shall be constructed under the inspection of and to the
Formal approwil of the City Engineer of CITY.
(4) It is further agreed that OMER shall further construct
` any and all other improvements, as shown on the approvod improve—
ment plans, including CITY Standard Electroliers, in accordance
with the standard specifications of CITY and the formal approval
of the City Engineer.
(5) It is further agreed that OWNER shall construct a six
foot (61 ) masonry wall along `he northerly and westerly property
Lines for the entire length of OWNER'S property. Said masonry
wall shall be constructed under the inspection of and the formal
approval of the City .wilding Inspector of CITY.
(6) It is furtnex agreed that all of said improvements shall
be completed within twelve ( 12) months from tFa date first above
written, provided, however, in the computation of said twelve
month period, delays due to or caused by Acts of Cod, v_,z, major
strikeS or other delays beyond the control of the OWNER, shall be
excluded.
It is expressly understood and agreed that if OWNER shall
fail to complete work roquired by this a.3reement within said
period of twelve ( 12) months of tFie date heT:eof, the City, after
giving ten days ' ( 10) written notice thereof to the ONNEh, may
complete the same and recover the full cost ano expense thereof
fio�: the Oa1ER.
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(7) it is further agreed that OWNER shall file with CITY, a
bond in, the amount of EIGHTEEN THOU.-SAND EIGHT HUNDRED DOLLARS
!$18,800.00; to insure Mull and faithful performance oc the
construction of all of the aforementioned improvement work, and
a bond in the amount of EIGHTEEN THOUSXND EIGHT HUNDRED DDLIARS
($18,800.00) to .insure for lator and materials for said work.
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(8) It is further agreed that OWNER shall pay any and all
fees . equired by the Pacific; Gas and Electric Company for installa-
tion, testing, and connection of underground wiring circuit to a1'
electroli-ers as shown on said approved improvement plans, when
OWNF-R .s notified by either the City Engineer or the Pacif -c Gas
and Electric Company that said fees are due and payable.
(9) 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 expenses incurred
by CITY in connection with said improvements the sum of rVINF
s-IUNDRED FORTY LXiLLARS ( $940.00) .
( 10) rL is further agreed that the &#I ER shall file wi. t';e
CITY, upon execu�.ion of this Agreement, a letter -from the Central r
Fire Protection District of Santa Clara County, stating that tale
OWNER has entered into an, agreement with and depos' te-' ail
necessary fees with said District to insure installation and five
( 5) year rental fee of all fire hydrants as required by said
District.
( 11) It is further agreed that OWNER shall pay to CITY, upon
execution of this Agreement, the storm sewer charges in connection
Igitn the proposed commercial development of OWTNER, in accordance
with the requirements established by Resolution No. 1-80, an amount
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of OM THCUSA ,tD TWO HUNDRED SIM MLLARS ($19 2.60.00) 3
(12) It is fu-ther agreed that OAR sha _ carry out any
and all negotiations with all interested -�
9 parties, and peace oral
or cause to be performed, at his own coat and expense# any and all
work of construction required to raise, lower, relocate, or other-
wise modify any irrigation line or lines and/or sanitary sewer
line or lines and appurtenances and/or any public utilities exist-
ing on any portion of owner' s lands or within the existing and/or
future public right-of-way upon which the improvements are to be
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installed.
( 13) It is fu 4her agreed that OWNER, sha11., upon written
notice thereof, imrne, iately repair or replace, without cost or
obligation to the CITY and to the formal approval of CITY, all
defects and imperfections arising out of or due to faulty workman-
ship and/or materials appearin in said work within a period of
one ( 1) year after date of final completio;. and acceptance.
( 14) Tt is furti..er agreed that the C'WNER shall indemnify and
save 4-armless 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 or on account of ar.y injuries
or damages to persons or property sustained or arising in the
construction of the work due to any acts, omissions or negligence
of the OWNER, his officers, agents , employees or contractors.
( 15) It is further agreed that the above named terms and
conditions shall bind the heirs, successors, administrators, or
assigns of the OWNER, and that OWNER, his successors and assigns
shall abide by all ordinances, laws, and regulations in full force
and effect at the time of the doing of the work herein provided
to be done.
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The assignment of this Agreement shall not be made without
approval by City Council of CITY.
1N WITNESS WHEREOFB CI1Y has caused its name to be hereunto
affixed by its Mayor and City Clerk, thereunto duly authorized
by resolution of the City Council, and OWNER has hereunto caused
his name to be affixed the day and year first above written.
CITY Or CUPERTDD:
gY
Mayor
aril
City Clerk
OWNER:
J. A. Moreing
APPROVED AS .0 FORM:
City Attorney
This Agreement o evade anj entered into this day of
1461, by and "tween J. A. MORETNG, hereinafter
referred to as "C AdFUR", and CITY OF C[1FERTZ , a municipal corpora-
tion of the State of California, her*lnater referred to as *CITY".
W ITNESS ETH:
WHEREAS, the OWNER has secured rezoning and is securing a
building permit from City to construct and maintain a commercial
enterprise; and
WHEREAS, CITY cons,idored said rezoning and will consider
approval of the building permit on the agreement that OWNEIR will
construct curb, gutter, commercial sidewalk, and paving from the
center line of Blaney avenue westerly to the lip of the proposed
gutter and curb, gutter, commercial sidewalk and pawing from the
existing northerly edge of pavement of Bollinger road northerly
to the lip of proposed gutter in accordance with the approved
improvement plans and in accordance with the terns contained herein,
as well as other conditions as adopted by CITY, and as well as either
conditions 'fs may be required by the City Engineer- of CITY; now,
therefore,
IT IS HEREBY AGR ED by and between the parties hereto as
follows, to wit:
( 1 ) OWNER agrees to convey to CITY for roadway, purposes,
free and clear of any and all encumbrances, a ten fort ( 101 ) strip
of property lying westerly from the westerly line of Blanay Avenue,
and a twenty-five foot (21.111 ) strip of property lyinj northerly from
the northerly .in* of Bnllin„tr Road, all for the full length
of owner's property, and OWNER agrees to execute oraid deed and
have executed tear rel"se of any and all encumbrtnces against said
strips of property, when so requested by CITY.
(2) It is further agreed that: OWER shrill, construct standard
curb, gutter, commercial sidewalk, and shall construct City standard
stxeet section consist: ng of eight inches (B*) of untreated base
rock and two and one-half inches of punt-mixed surface for
the entire area betwre4n the lip of the proposes: g4tter and the
center line of Blaney Avenue, all for the entire length of OW:"ER 15
property along Blaney Avenue, as specified on the axppzovesd improve-
ment plans. The said improvements shall be constructed in accord-
ance with the standard specifications of CITY, anc shall be
constructea under the inspection of and t{ the formal appxcval of
t;he City Engineer of CITY.
( _= ) It is further agreed that U41V ER shall construct standarc
curb, 91.•tter , ccnimercial sideway., anc shall construct City
Special street section consisting of tar, inc'ho ( ID" ) of untrea tars
ba sa rose aano two and one-hair inches (2.1�` ) of plant-mixed surface
for the entire area between the lip of the proposed gutter and the
exis tine northerly edge of pavement of Sollirigor F.oad, aard shal.i
construct City Special Street Section consisting :f one inch ( I" )
plant-nixed surface laid upon existing pavement fcr the entire area
between the existing northerly edge of pc• tment of Boll.ii)ge F,,oa c
and the centerline of Bollinger Road, all for the entire length
cf OWNER'S property alone Bollinger Road, as specified on the
approved improvement plans. The said improvements shall be
-
constructed in accordance with the stardaard Specifications of
C.IT4', and shall be constructso under the inspection of and to the
formal app va' of the City Engineer of CITY.
(4) It is further agrees that OWNER shall further construct
say and all other improvements , as shown on the approved improve—
ment plans, including CITY Standard Elettroliers, in accordance
with the standard specifications of CITY and the formal approval
of the City Engineer.
(5) It is further agreed that MXR, shall constrlict a six
Moot (61 ) masonry wall :long the northerly and westerly proper+y
lines for the entire ln.nnth of OVFER'S property. aid masonry
wall Shall be constructed :finder the insoaction oil and the formal
approval of the City Building inspector of 'ITT
(6) It is further a�re�,d t' at all f salij shall.
be completed within t.;+el.,e ( 12. rant s fro,,-, the gate # fist above
written, p ovid ed , however, In 4 e
month peziod , delayE due to cr c.a ,`4ec ta,, ,+ o.c` . : L, a j r
a
strikes or other delays r�-"J'Ont t z: ! � Z'' � i� }� ,? fii � ., ;��.� h,+ A
excluded .
It i expressly oncerstnoc `" n a �
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fail to complete woxk re,,,Aieer by this 3greement w tf�lr ---a-id
period of twelve ( 1') r:nonths of the state hereof, the C:it�; s after
giving ter, days:' ( 10) written notice thereof to the v1,'141�.:i, may
complete the same and recavei the wall cost and experise theroof
from the OWNER.
a. .. -..
(7) It is further agreed that OWNER shall file with CITY'a
a
bond in the amount of EIGHTEEN THOUSAND EIGHT M.MDRED [DOLLARS
($18,800.00) to .insure full and faithful performance of the
construction of all of the afore entios*d improvemer. . worko and
a bond in the Amount of EIGHTEEN THOUSAND AIGWA HL DRED DOLLARS
($18,800.00) to insure for labor and materials For said work.
(8) If is further agreed than OWNER shall pay any and all
fees requi.rrd by the pacific Gas and Electric Company fo: installa-
to.on, testing, and connection of underground airing circuit to all
electroliers as shown on said approved improvement plans, when
OWNER is notified by either the City Enginear or the Pacific G6s
and Electric Company that said fees are due and payable.
9) It is further agreed that MNER shall have deposited
with CITY, ;prior to execution of this Agreement, for office
checking of 'Lmprovements and all necessary expenses incurred
by CITY in connection with said improvements the sum of s�IIaE
HUNDRED 2CLLARS ( $940.00) .
( 10) It is further agreed that the UANE;R 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
OWNER has entered into an agreement with and depositea all
necessary fees with said District to insure installation and five
( 5) year rental fee of all fire hydrants as required by said
District.
( 11 ) It is further agreed that CWNER shall pay to CITY, upon
execution of this Agreement, than storm sewer charges in connection
with the proposed commercial dae• .slopment of OWNEB, in accordance
with the requirements established by Resolution No. 180, an amount
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INM NMI
H• _d.e :''M'.,1s3 4>:i^ <<.,t f & .,x.-. -..,:. _ a.' so-. fi r... . . .
of 0M. THWSAND TWO sHLMDRED SIXTY WLLARS ($1,260.00) E
( 12) It Is further agreed th&t OWNER 0all carry out any
tnd all negotiations with all Interested parties, and perform
or cause to be performed, at h ,s awn cost and expense, any and all
work of construction required to raise, lo"r, relocate` or other-
wise modify any irrigation line or lines and/or sanitary sewer
line or lines and appurtenances and/or any public utilities exist-
ing on arty portion o owner's lands or within the existing and/or
future public right-of-gray ;upon which the improvements ere to be
installed.
( 1211) It is further agreed that C `NTE shall , :upon written
notice th:!,Tecf, immediately repair or replace, without cost or
obligation to the CITY and to the formal approval of CITY, all
1
defects and 4mperfect_ �rs arlsir,) out of c.r due tl i-iulty workman-
ship and/-r eterials appearing it sa.'ld within a pi,,riLd Of
one ! ? yfz_aj after crate of final completion and acceptance. 1
( 14) it 1 s further agrecd that the V:,;L1 >-sa 11 iride_'1n i I y ar"iCf
save harr,kesF tie v_.T'',', t}.;? :''..its' i'o inci1 , a-ld C1:,? Cit i e r,
and otter o f;'.core or errtrlo;;eeG of the CITY from any suits, claims,
i
or actions bro,Jght by an.., persons fcr cr on account c-- arry injurie-
or damages tc persons or p_rope,r't�' sustained or arasino in the
construction Jf the -work .I,je tc and a3 t; , omissiur)=. or
of the Ct+Vt ER9. his officers , aq,nts , emplcyees or co,,tr a(Lto:s.
( 15) It is further agreed that the above named terms anc
conditions s;:a.11 bind -t.he heirs, ; uccesso:.•s, administrators, or
assigns of tte C 'ii , and that Uvy,'4Ei, his successors and assigns
shall abide by all ordinances, laws, and regulations in -full farce
and effec-c at the time of the doing of the wor)c herein provided
to be done. .
'PIS,`F :° `-'n`'"'-' 3�'y.,8+' +„ '. :+.•_: ..'Lr s sn. . „,
1
The assignment of this Agreement shall not be made without �.
opproval by City Council of C::'TY.
IN WITNESS WHEREOF, CITY has caused its naa~e to be hersu ��
affixed by its .Mayer and City Clerk, thereunto duly authorized
by resolution of the City ncil, and OWNER has hereunto causad
his names to be affixed 0 :ay and year first above written.
CITY OF C UPERTINO:
P:f Y,
ayop
r
?Ind
City C er
,tors nc
APPRG`/ED AS TG R)RIVi
My Attorney
A,,GR—E—EMj—E—N—T
This Agreement, made and entered into this JLIA-day of
1960, by and between J. A. WAREING, hereinafter
referred to as "OWNER" , an6 CITY OF CUPERTINO, a municipal
corporation of the State of California , hereinafter referred to
as "CITY" .
WHEPEASS , th,� OWNER has secured rezoning and is securing a build-
ing permi-t from City to cons--ruct anc ,-,aintai.n a commercial enter-
prise-. and
WHF !::AZ.. . ClTl( :,aio re7crjirio anc; will ap-roval
-FE ,
cf th<2 b,iildiniq p, rmill on th,- agrxeem,�nt that �-*hNi.,-f-, will construct
curb, gittez, sidwal, . anc paving fyGf- th- center lin, of 31an---y
I A Iv-. ntjr- westerly to th- lip of thc- pr�,p,�so-d gut-t-�r in acccrcjar.cio
with the approv-,(, improv-inert plans ano acccrcanc,- wise th- t=-,,rms
containFa h-,�iein, as wkv-1 as other cc-ndl-t crts as by CITY,
and as w-sli as rotber conditions as may b, requix.�c by th, City
r-ngln-er cf CITY; now, tht,refor- ,
i7i 11"' HZE" E"'Y by and b,,tw--�!-; tr,� parti 5 h;--r-t- aE follows ,
to Wit :
ag— c-s tc convey to 111ci roadway purpose, S , free
and clear of any and all cncumbrancps , a ter} ioct \' l" ) strip of
propr-ity lying westerly from the westerly line of Blanl?y Avenue ,
all for the full length of owner' s oroperty, and UNNEF, agrees tc
execute said deec anc have ex cuter the r�:-lea!Be of any and all
encumbrances against said strips of prcperty, when so i,..,questeo by
CITY.
4 ..
( 2) It is further agreed that G*?E,L, shall construct standard
curb, gutter, coffurercial sideway: , and shall construct City Standard
Street Section consisting of eight inches (B" ) of untreated base
rock and t%v and zone-half inches of plant-mixed surface for
the entire area :)etwecn the lip of the proposed gutter an7 the
center line of Blaney Avenue , all for the entire length of OWNyB'S
property along 31aney avenue, as specified on the approved improve-
ment plans . The said improvements shall be constructed in accord-
arice with the stavdarc specification, of CITY, and shall be
constructed under t��e inspection of and the formal approval of
the City Engineer of CITY.
( :?) It is further acre -c that OWNER shall furthf,,r construct
any anu all oth,�r J.',::prover',onts , as shown on th- apr rovcc i--riprove-
rent r.lans , including CITY Standarc :�l:��ctrclieru, ir, accordance
with the standard spoaciPications of CITY an,, thQ formal approval
o� th-L- City Engineer.
( 4 ) It is further agreec that C,rMNIER shall construct a six
masonry wall along the northerly property line '. ur the
entire length of G`AINEP IS property. Said masonry wall shall be
constructed under the inspection of and the formal approval of this
:,;ty Building Inspector. of CITY.
( ) It is further agreed that all of said irnprove.,eats shall
be completea within twelve ( 1'4") months from, the date .first above
written, provid;,d , however, in the computation of saic? twelve
n onth period , oelays due to or caused by Acts of God , viz , major
strir_es or other dz1ays beyond the control of the OWNER, shall be
excluded .
m
i
It is expressly understood and agreed that if OWNER shall
fail to complete work regji.red by this agiu%event within said
period of twelve ( 12) months of the date hereof, the City,
after ginning ten days ' ( 10) written notice thereof to the
OWNER, may complete the same and recover the full cost and
expense thereof from the UNNER.
( 6) it is further agreed that ?VYNER shall file with
CITY a bond in the amount of FOUR TI-OUSAdND FOUR HUNDRED
DO-1LA.RS ( $A _400.00) to insure full and faithful performance
of the construction of all of the aforementic^ned improvement
work, and a bond in the amount of FOUR ThOUSA Z� MA
HUNDRED F-KiLLARS ( $4 ,41 0.00) tc insure for labor and ~iaterials
for said work.
( 7) It is further agreed that OWNER shall pay any arc
all fees required by the Pacific Gas and Electric Company
for installation, testing, and connection of underground
airing circuit to all electrol ers iis shown, on said approved
improvement plans , when OWNER is notified by either the
City Engineer or the Pacific Gas and Electric. Company that
said fees are due and payable.
( 8) 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 expenses incurred
by CITY in connection with said improvements the sum of
FOUR HUNDRED SIXTY c°OUR DOLLARS ( $464 .00) .
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%14 It is further agreed that the OWNEP, shall file with the
CITY, upon execution of this agreement, at letter from the Central
Fire Protection .District of Santa Clary County, stating that the
GWMEF� has Cntered into an agreemment with and deposited all necessary
fees with said District to insure installation and five yea:
rental fee of aI.l fire hydrants as required by said District.
( 10) It is furth--r agreed that OWNER shall pay to CITY, upon
execution of this Agreement, the storr, sewer charges in connection
with the proposed cormercial development of 0^ER0 in, accordance
with the requirements established by Pesolution t-,o. 1r10, an amount
of G,-it THOUSAND THIF:TY FIVE DC,LI ARS
( l) It is further agreed that shall carry out any and
all n(:gctiatk.---ns with all interested part_; ,=s , and p"-.ricrim r_:r cc` us
tc be �� r ,.-rr.;�G, at his own cGSt and expersS . , any and all worn Gt
construction required tc rai�� , lower, relocate , cr ether%vise
any° Lrriaatic,n line- or lines and!oi s,�rritary , 'wen lin° oa lines
.and and/or any public uti litic s E-xisting or: any
;.-.rt.ion of own>:r' s lanes rr wi—:.hin the existin= anc/or fjtur�, public
right-of-way upon which the i :prc,,,m.•nts are to be ir,stal d .
( l' ) It is 'urther agryeJ that CVPN'Hr, shall , upcn writt+- n
nc ricG- thr-r,:of , immeciately repair or reel Lce , without cost or
obligation ti *,.he CITY anti to the fcrma 'L approval of CITY, all
de-fects anc imperf-ct.ions arising out of or cue to faulty wcr .mari-
ship and/o - materials appearing in said worn within a period of
( 1 ) year after csato of final completion and acceptance .
( l ) It is further agreed that the OWNER Shall indemnify and
save harmless the CITY, the Cite Council , and the City Engineer,
ano other officers or employees of the CITY from any suits, claims,
or actions brought by persons for or on account of any injuries
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or damages to persons or property sustainti:d or arising in the
construction of the work due to any acts, omissions or negligence
of the OWNER, his officers, agents, employees or contractors.
14) It 1z further agreed that the above named terns and
conditions shall bind the heirs, successors, administrators, or
assigns of the OWNER, and. that OWNER, his successors and assigns
shall abide by all ordinances, laws, and regulations in full force
and effect at the time of thz doing of the work herein provided to
be done.
:he assignment of this agreement shall not be made without
approval by City Council of CITY.
I' WITNESS -WHEREOF, CITY has caused its name to be hereunto
affi.-ed by its $.ayor and City Clerf=:, "thereunto duly authorizea by
resclution of the City Council , and OWNER has hereunto caused his
nama to be uffixec the cap; anr: year first above writ.}en.
CITY OF CUPEE T ILINC :
By
V'a yc r Tj
-Y City Cyr.
OWN Ei
APPF-G VEL AS TO FORM: J. A. Pao re ng
My Attorney
-5-
* ..� e h,. .A, yr.•; v'a i-:. ,......� S �$a,C u3..µ .'s;<a.x; ,S 3:c„
' to
�f
y
FAITHFUL PERFOR A, AND COCLPLETION T,,0R0VEiij;
(Subdivision Il-,prove,isentis)
KNOW ALL AEN BY 61iESE PFE3EWTSe
That ire, J. A. Moreing , as
Q� S�LI�s+� , as Surety,
i'ri s�c.�pal, and ,�/ �45 aaL , ��'�__._ �� ��.�.�
are 'meld and 8irrly bound unto the City of Cupertino, State of Cali-
k f o r►n le., in the sum of FOUR THOJSAM FOUR HUNDRED end Br�+f l00 �- -
Dollars (9.4OOzOO ) lawful moibey of the United States, for the
peyweiit of which well and truly to be made, vre bind ourselves, our
heir„ executors, successors and assigns, Jointly EMU severally,
firmly by these presents.
THE CONDITION of the foregoing obligation is such that:
WHEYEAS, said Principal will perform all necessary improve-
mento relative to Corrme-vial Development
located on Blaney =
the West side of Bl Avenue 600 ft. more or less South c A Jo n — � � �
Drive in accordance with the approved Ilnu_oveL...nt Plans prepared by
George S. Nolte , Civil Engineer, on file in
the City Engineer' s office; and
WHEREkS, improvements shell of completed within one (1) year
from the date of acceptance of this bond by tiie City Council; and
V.i.ERE' .S, improvements shal 1 be i:;ainta.ined for a period of C. `
least one ( 1) year after acceptance of construction by the City,
this bond snail be in full force ana effect through the period of
maintenance as rrovicled in said contract; the maintenance period
shall continue until such time as all deficiencies of construction
are corrected to 'che sa.tisfact;.,ion of the City Engineer ' s office;
NOW, T E.iYORE, if the said Princl-oal sr-,all Well and truly
do and perform all the covenants and obligations as set forth above,
on its part to be done and pert armed, at the time and in the manner
specified therein, then this obligation shall be null and void;
otherwise this bond shall retrain in full force and effect.
,xecuted
19 0 .
STATE OF —�--a—
' COUNTY OF —�-' - —� f .
Onthis ................................. ... ............................ d y at ...... 18.. ..G.....
'acre ng
before me. a Notary Public, I'd in and for said County and State. personally appeared.... ....... ......
..........
............................_...............................................................................
to me personally imown. who being duly sworn, upon oath, did wry that he is the Agent and Attorney- q�
in-fad of and for the AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a corporation
created, organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania;
that the Corporate seal alfixed to the foregoing wAthin instrument is the seal of said Company: that the
seal was affixed,and the said instrument was a ted by authari tts Board of Directors: and the said
i v L u-.
_....................................................................................... .... _.................. . , ................................ ....................................._..
did acknowi 199 that he executed the said instryment as the free act-end deal of scad Company.
........ ........... ...
(SEAL] Notary Public n He F s.z
Ddpexpires........ ...,...::n a....................._...
Form I-R5-207-I.R Commission ..................:.:..
FAIT1*TTL PE -iCE ANTD CO:3PLETION I.-�ROV&jXNT SOIM
KNOW ALL BEN BY THESE PEZSENTS:
That we, J. A. Moreing , as
Priac-pal, and .c,a � a /; s,+� , as Surety,
a:a held! and firefly bound unto the City of Cupertino, State of Cali
-
forn.Lr., in the sum of FOUR THOUSAND FOUR HIRED and 140/100
33 Dollars (8 44400.00 lweful moa9y of the United States, for the
pey,nei,t of which well and truly to be wade, -.-re bind ourselves, our
heirs. executors, successors and assigns , Jointly and ,severally,
firmly by these presents.
T:iE CONDITION of the foregoing; obligation is such that:
41HEriF,AS, said Principal wi-1 perform all necesearj improve-
ment3 relative to Commercial Development
r�
Jan,
'oeateeL on the West side of Blaney avenue 600 ft. more or less South L =
rive in accordance with the approved Improvet.ent plans prepared by
George S. Nolte , Civil ErZineer, on file in
the City Engineer' s office; and
WHEREnS, improvewents sha-1 be completed within one ( 1) year
from 'the date of acceptance of this bona by the City Council; and
V.ThER :AS, improvements shall be maintained for a perl. of at
least one ( 1) year ut ter acceptance of construction by the City ,
t"_.is bond shall be in full force aiia effect through the period of
main`cenance as pr•ovid_ed in said contract; the maintenance period
shall continue until such time as a_l deficiencies of construction
are corrected to t1le art .sfaction of the City Enginc,,erls office;
NOW, T�E.��'GrE, if the said Principal snail well and truly
do Find 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
speic.ified therein, then t::i.r obligation sl,.al..1 be null and void;
otherwise this bond shall rF� rain in full fc•r^e and effect.
IN 'TITNE3S 11HEhEOF, th.1 s instrument has been duly executed
by the Principal and pure ty this !____ -flq f' of
Principal' . ore n5
J�
,$urety
By
;�Pe
lttorney in Fat(1'o be sinned by ' S
Principal and Surety and
• acknoudedgment and notarial
seal attached.)
s
=. 1,77
77
77
FAITHFUL PERFOPiWiC AND COAPLETIONT Ii,,?ROVQENT BOND
(subdivision Ii::;.r: vemer_tn)
KNOW ALL :BEN BY "lli-SE PELSENTS:
That we, J. A, as
Of
Pri ac-pal., an as Surety,
a. p held and fisrrAly bound unto the City of Cupertino' State of Call-
forqar., in the sum of MM T ...r" ...�.. �. ..
Dollars (� 4 � ) la.*etful money of the United States, for the
peyoeut of wrr ch a.1, and truly to be made, we bind ourselves, our
heirs. executors, successors and assigns, faintly and severally,
firmly by there presents.
THE CONDITION of the foregoing obligation is such that:
WHEREAS, said Principal wi t perform all necessary improve-
ments relative to Conorcial DcveAp
located ,in the Wost old* ®f BURU Avo ft. " or less SoutFa ®f
Voin accordarce with the approved ImnroveiLent Plans prepared by
Gowne S►6 Nolte , Civil Engineer, on file in
tno City Engineer' s office* and
WMMEA S, improvements shell be completed within one ( 1) year
:From the date of acceptance of this bona by tie Gity Council; and
1j.!'ZR :AS, improvement^ shall be LiAinta.ined for a period of at
least time ( l} year zLfter acceptance of constrac pion by the City,
bo.`?d shall be In full force aria effect through the period of
raintenance as prov°zr.ed in said contract, the maintenance period
shall co:atinue until such time as all deficiencies of construction
are corrected to the satisfaction of the City engineer' s office;
J01.1, Th :.i✓'x'OPIE", if the said Principal si-�all viell and truly
do anc: perform all the covenants and oblIC-atior.s as set forth above,
on its part to be done and performed, at the time and in the manner
specified therein, then t::ia obligation: shall be null and vote;
otherwise this bond shall re:r:ain in full fcrc and effect.
Ili WITNESS 'EHE"Ine:UF, this instrument has been duly executed
by the Principal and ^urety this 'Ie day of � � , 19 �{?•
Principal. V, A. "
,�•�r'� lc,��.- ' St-mil�;- �.��.�r ��-
Slu�rety
By. G�
tornsy in Fact
(To be sign�u by :� olwxlls
Principal and Surety and
s acknowledgment and notarial
seal. attached.)
t
e
LABOR AND MT-ERIAL BOND
(Subdivisi,%n Improvements)
K21ri:4' ALL MEN BY THESE PRESENTS:
WHEREAS, the Oit y of Cupertino, State of California, and
(hereinafter designated as "Principal' is about enter into a
contract with the Olt y of Cupertino, providii g the installa-
t?.on, construction and ereotion by Principal of L_ertain Improve-
ments more particularly described in said contract; and
1AMPMAS, said Principal is required to furnish a bond in
connection with said contraot, rroviding that if said Principal,
or any of his or its subcontractors, shall fail to pay for any
materials, provisions, provender or ether supplies or teams used-
in, upon, for or about the performance of the work contracted to
be done, or for any :cork. or labor done thereon of any kind, the
surety one aid bond shall pay the same to the extent hereinafter
set forth;
NOW, THER'FORE, we, the Principal, and / L L ��1'L ' Tr
as Surety, firmly bind ourselves, our executors, administrators,
su.cesocrs and assigns, jointly and severally, unto the City of
Cupertino, and any and all matertaimen, persons, companies, or
c;clrporations furnish4ng materials , provisions, provender or other
st_ppl ies used in, -pon, for or abo:l,t tYe performance of the afore- y
said work contracted to be ^ " -,uteri cr performed under ,ne contract
hereinabcve mentioned, and al-, - -sons, comrcaries or corporations,
lending or Miring teams, implemt. . ^ machinery , for or- con-
tributing to e aid woe% to be done, at, --11 persona who perform
work or labor upon the same, and all pez _ -8 whc supply both 'work
and materials, whose claim has not been pai,_ by Principal or by
any other person, in the just and full sum of _Eck __
THE CONDITION OF THIS ObLIGATION IS SUCH THAT if said
Principal, his or its subcontractors, heirs, executors, administra-
tors , successors or assigns , 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 thereon of any kind, or for amounts due under
the Unemployment Insurance Act vd th respect to such work or labor,
then said Surety will pay the same and also vdll pay in case suit
is brought upon this bond, such reasonable attorney° s Pee a3 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
1192.1 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.
-1-
4
777
;k.
And the said Surety, f.or value received, hereby stipulates
and agrees that no change, extension of tim®, alteration or addi-
tion to the terms of the contreat or to the w rk to be Performed
thereunder or the specifications aocompanying the same shall in
any wise affeat its obligat.,ons on this bond! and it does hereby
waive notice of any such ch get a xtensio or toof time, aoretotthe ion or
k` addition to the terms of
specifications.
IN WITNESS WHEFd T, this Instrument day been
duly executed ,
by the Principal and burety this
199 -
f
Frincipa
Surety
•7
Attorney in sat
(To be si;ne3 by
Principal and Surety
and acknowledgment and
notarial seal a ttached)
STATE OF
Ss.
COUNTY OF:_:�,
On this ....................�............................................. day of ...,ZL.L.'1.... lL.................... 19..v. :.....
before me, a Notary Public, within and for sa County and State, personally appeared.............................. ...
.....................I——....................
to me personally known, who being duly sworn, upon oath, did say that he is the Agent and Attcrrey.
in-fad of and for the AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA. a corporation,
created, organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania:
that the Cwporate seal affixed to the foregoing within instrument is the sect of said Company; that the
seal was affixed,and the said instrument w lexecu led by authority of its Board of Directors; and the said
.... ........................................................... _..., .` 'L{'�r..................................,......................
did acknowied3e that he executed the said instrument as the free ad and of said Company,
[SEALI Notary Public Alice K N,rbalia
Form t-3:6-207-LR My Commission expires..............................._.............................
—2—
LABOR ANr MATERIAL BOND
(Subdivision Improvements)
ALL MEN BY THESE PRESENTS:
'*WMAS, the 10ity of Cupertino, State of California, and
(hereinafter designated as "Prinoipaf1 is about to enter into a
contract with the City of Cupertino, providing for the installa-
t .on, construction and erection by Principal of certain improve-
ments more particularly described in said contract; and
WHEREAS, said Principal is required to Furnish a bond in
connection with said contract, crovidl.,.g that if said Principal,
or any of' his or its subcontractors, shall fail to pay for any
materials, provisions, provender or other supplied or tearis used
in, upon , for or about the performance of the work contra•',ted to
be done, or for any work or 1,abor done thereon of any kind, the
surety one aid bond shall ray the same to the extent hereinafter
set forth;
t�
NOW, THEREFORE, we, the Principal and �� �l' � ��.4� T-Y.
as Surety, firmly bind ourselves, our executors, administrators,
successors and assiFns, jointly and severally, unto the City of
Cupertino, and any an i all materialmen, persons, companies, or
:;corporations furnishing materials , provisions , provender or other
sui-plies used in, upon, for or about the performance of the afore-
saia work contracted to be executed or performed uncle: the contru.0t
hereinabave mentioned, and all persons , companies or corporations,
lending or hiring teams, implements or machinery, fov or con-
tributing to said work to be done , and all persons dhc perform
work or labor upon the same, and all. De rsons who supply both work
and materials, whose claim has not been pail: by Principal or by
any other person, in the just and full sum of _ Ewa INAWAM
EM HUNMED and- - - - - - - - MZ192 J&LL&M
THE CCNDITI)N OF THIS OBLIGATION IS SUCH THAT if said
Principal, his or its subcontractors, ,'sirs, Executors, administra-
tors , successors or assigns , shall fail to pay for any materials,
provisions, provender or other supplies or teams used In, upon,
fcr or about the performance of the work contra:ted to be done, or
for any work ci: labor thereon of any kind, or for aruountc due under
the Unemployment Insurance Act ud th respect to such work or labor,
tb'sn said Surety 411 pay the same and also vdll. pay in case suit
is brought upon this bond, such reasonable atto.rr+ey' s fee as shall
be fixed by the ^curt.
This 'bond sha-2.1 inure to the benefit of any and all persons,
companies , and corporations entitled to file claims under Section
1192.1 of the Carle of Civil Procedure, so as to give a right; of
action to them or their assigns in any suit brought upon this bond.
-1- -
'r
And the said Surety, t5r value received, hereby stipulates
and agrees that no change, extension of time, alteration or addi-
tion to the terms of the contrva t or to the uo rk to be performed
thereunder or the specifications accompanying the lama shall In
any wise affect its obliget;ons can this Mond, and it does hereby
waive not iris of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or to the
specifloationse
IN WITLESS WOMOF, this instrument has been �u:ya did
byy e Principal and Surety this , day of '
T
Pr i_nclps
C C 4W,//G.G. /ix",, -
Surety
-7 e
-- 5
Y
Attorney in Fact
(To be signed by
Principal and Surety
and acknowledgment and
no tar. iel sea! s ttached)
—2—