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HomeMy WebLinkAbout92-011 Paboojian, Dennis 92-011 PABOOJIAN, DENNIS AMkA JEWON of Cuperti»D 10300 Torre Avenue F.O. Sox 580 Cupertino,CA 95014-3255 Cupertino,CA 95015-0580 (408) 252-4505 FAX; (408)252-0753 July 27, 1992 Dennis Paboojian 21989 Lindy Lane Cupexti..no, CA 95014 DdNtOVE MENT AQ2EMNT We are enclosing to you for your files one (1) copy of the . nent by and between the City of Cupertino and Deruds Pabooji.an, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 8711, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, July 20, 1992. Sincerely, DOROM CORNEL S s CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Depart m.it of Public Works RESOILLYrION NO. 8711 A RESOLUTION OF 7HE CITY COLR CIL OF THE CITY OF CUPERTM APPROVING FINAL PLAN FOR THE IMPROVEMENT OF PROPERTY LOCATED ON LA,IDY LANE; DEVEEIJJPER, DEWIS PAHOCJIAN, AUTMUZING THE CITY ENGROM TO SIGN THE FINAL PLAN; AND ALMiORIZING FMDCWICOI OF ACTT IN CM4NEXTICN IMtMTH WHEREAS, there ha, been presented to the City Council for approval of the final plan for the inprovement of property located on Lindy Lane by Dennis Paboojian; and WHEREAS, there has been presented to the City Council a proposed agrewmt for the construction of streets, curbs, gutters, sidewalks, and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithf»1 performance of said work and the carrying out of said agreemnt; and said plan, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT said final plan for the improvement of property on Lindy Lane be and the same is, hereby, approved; and the City Engineer is herety authorized to sigm said final plan; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to on behalf of the City of Cupertino. PASSED AND ADOP M at a regular meeting of the City Council of the City of Cupertino this 20*h day of July , 1992, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Koppel, Szabo, Sorensen NOES: None Age: None ABSTAIN: None v RF.SOL TPICV NO. 8711 EXHIBIT "A" DEVEUQ*QW: Single-Family Property LTprovement Dennis Paboojian LOWICK: Lindy Iane A. Faithful Performance Bond: $10,836.00 TEN THOUSAND EIGHT HUNDRED THIRTY SIX AND 00/100 DOLLARS B. Labor and Material Bond: $10,836.00 TEN THOUSAND EIGHT HUNDRED THIRTY SIX AND 00/100 DOLLARS C. Checking and Inspection Fee: $ 541.80 FIVE HUNDRED FORTY CNE AND 80/100 DOLLARS D. Indirect City Egxmes: $ 81.27 EIGR1!Y CNE AND 27/100 DOLLARS E. Developnmt Maintenance Deposit: $ 500.00 FIVE HUNDRED AND 00/100 DOLLARS F. Storm Drainage Fee: N/A G. One Year Posner Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: Zone II Acct # 480-416-022 N/A R. {dater Main Reimbarsement Fee: N/A L. Maps and/or Dvpr+ovement Plans As specified in Item No. 23 of agrmmt AGREEMENT ICY I1NE APN #356-25-023 This AGREEMENT made and entered into this 24th day of June 19 9 2 -, by and between the CI'�Y OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and DENNIS PAHOOJIAN hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, THE DEVELOPER has made application to the CITY for a BTIIDING PERMIT to construct and maintain lUnMINING MUL hereinafter referred to as "Project". WHEREAS, CITY hereby approves the improvement plans and specif.�.:.atiorLs prepared for the Project by MARVIN IBC a true copy of which 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, ZIMU3EDRE, 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". 1 File: 51,540 WHEREAS, pursuant to the provisions of this AGRELMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: StI-ODULE OF BONDS, FEES AND DEPOSITS Street_ Improvement Category PART A. Faithful Perfon&-ice Bond: $10,836.00 PART B. Labcr and Material Bond: $10,836.00 PART C. Checking and Inspection Fee: $ 541.80 ART D. Indirect City ems: $ 81.27 PART E. Development Maintenance Deposit: $ 500.00 PART F. Storm Drainage Fee: N/A PART G. One Year Power Cost: N/A PART H. Streot Trees: By Developer N/A PART I. Map Checking Fee: N/A PART J. Park Fee: ZONE: II N/A ACCT#:480-416-022 PART K. Water Main Reimbursement Fee: N/A PART L. Maps and/or Improvement Plans As Specified in Item #23 2 File: 51,540 NOW, TfiUREPORE, IT IS HEMY MUIVALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to d-a-licate the real property shown on E>chibi.t "A", which is attached hereto and .;jade a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY 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. W)n execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed ,rant deed to the CITY of the real property described .in Exhibit "A", and such other execlted 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 insuratuDe company relating to the property offered for dedication. (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 AGRE M&W-, the CITY agrees to adept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DE'VELOPEfi'. shall install and complete. the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the Event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY., at its sole option, shall be authorized to complete the Work, in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done 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. 3 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 aaoordanoe with the specifications of the Cupertino Sanitary District wt.-ere 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 PEA^ It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining ar, 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. QUITCL UM 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 lying 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 AGREEMFNr, the value of any land agreed to be dedicated, and any improvements are to be made under this AGREEMENT. In the event that improvements are to be made under this AGRMMU, the DEVELOPER shall, in addition to said faithful performance, f?.le 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 an the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. 4 B. In lieu of a surety barxd, the DEVEIDPER may elect to secure this AGREEMENP 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 instrtment 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 ACREEMENT, or to make &ny payment, or any dedication of lard, or any h gzovements hereLa required, the Cm may apply the proceeds of said security thereto. D. No release of surety bond, cash deper-it, check, or certificate of deposit, shall be made except upon approval of the City Council. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council B. Release of the remaining 10 percent of the performance bowl at one year from acceptance after all deficiencies have been corrected and in the absence of any claim agairist such bond. C. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. D. Liability insurance, provided by the developer to hold the City harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 2. Schedule for Bond and Insurance Release for Cash, CD, Set-Aside Letter are as Follows: A. Release of 45% of bond upon acceptance by City Council. B. Release of additional 45% at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of remaining 10% at one year from date of acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. 5 D. Release of the liability insurance, provided by the developer, or contractor to hold the City harmless in the event of liability arising from the subject project, at the end of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. E. No interest shall be paid ors any security deposited with the CITY. 6. a 1lXK1.'3G 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 Crary 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) . 8. MAP CEBUCII3G FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I) . 9. DEVELOPMENT ?%INTENANCE 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 surety bonds or other security permitted under paragraph 5.B 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 surety bond or other security permitted under paragraph 5.B. 10. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AC,RM04T, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F) . 6 il. WATER MAIN E)TENSION DEPOSIT The DEVELOPER further agrees to depc,sit 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 the adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 12. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to the CITY prior to execution of this AGR ', the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 13. 'IHE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER sh-::l, 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. 14. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to exec;.:tion, as is required within Section 18-1.602 Park Land Dedication, Cupertino Municipal Code, and which is further stipulated under Part J, Page 2 herein.Fees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code. 15. MA�ANCE 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, inmedi.ately 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. 16. SANITARY DISIRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGRERY01r, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AST with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to irm:re full and faithful performance of the construction of the said -iniitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 15 above has been filed. 7 17. GOVERNMENT OODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMEW, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been died with. 18. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the C TY, upon execution of this Ate, a letter from the Central Fire Protection District of Santa Clara County; stating that the DEVEOPER has entered into an Air 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. 19. PACIFIC GAS AND ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC BELL Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER2 is notified by either the City Engineer or the Pacific Gas and Electric Company and/or PACIFIC BELL Ccwpany that said fees are due and payable. 20. 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 the CITY for the purpose of securing said easement and right--of-way, that the DEVELOPER shall deposit with CM a sine covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allavrance 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. 21. HOLD HA OKESS It is further agreed that, wing 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 against any or all loss, cost, expense, damage or liability, or cli-im 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, except to the extent any of 8 the foregoing is caused by the negligence or willful misconduct of the -City or the City's agents, employees and independent contractors. 22. INSURANCE It is further agreed that: The DEVELOPER shall cake out, or shall require any contractor engaged to perform the Work to take out, rnd 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 artd 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 it; .ored. Said separate policy shall provide bodily injury and prcpe,-tty dan,-A,2 coverage to the foregoing named C3'I'Y and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance mu:;t be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary cxverage 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 insuranae only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. 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. The City shall be shown as additionally insured on a separate "Additional Insurjd Owners, Lessees or Contractors" (Form A) or (Form B) Endorsement provided all-:-q with the evidence of said foregoing policy of policies of Insurance 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. 23. MAPS AND/OR nWFVVEKERr PLANS It is further agrees] that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: 9 A. A mylar sepia and seven (7) prints of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed jirprovevent plans. C. A direct duplicating silver negative microfilm aperture card of all executed iu%mxNement plans and map. The DEVELOPER agrees to pay the CM fra;n the development maintenance deposit the cost for, all prints of plans and map required under Item 23. 24. SUCCESSORS This AGRE'EmENr shall bind the heirs, adnimustrators, executors, sucoessor, assignee and transferees of the DEVELOPER. The assignment of this AGREEMERT shall not be made without approval by the City Council of the City of Cupertino. 10 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) Ong,?� `; �r'lr , 19 `', before,me,, a Notary Public for the State of California, personaliy appeared `, ,-,r,i rt r�',z.f!�.� , personally known to me/proved to me on the basis of satisfactory evidencd`to be the person whose name is subscribed to the within instrument, and he/she acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set 1ny hand and affixed my official seal. [SEAL] Notary Public State of California OFFICIAL NOTARY SEAL ar Xc JOAN RICHMOND y NagPUNIc—C&OWft SANTA CLARA COUNTY My Comm.EXOM OCT23,1995 .f IN WI'INESS WHEREDF, CITY has catmed its n.me to be hereunto aff ixed by its Mayor and City Clerk, thersunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPFRTIM: i Approved: as to form: �} Mayor• City Attorney City Cler DEVELOPER: i i l 1 t Notary Acknowledgment Required Exhibit A Attached OFFICIAL NOTARY SEAL JOAN RICHMONQ UNTY (9MY SWANT Pam!� forma Comm.Expires OCT 23,59g,5 / 11 CITY OF CUPERTINO INTERDEPARTMENTAL Date JULY 21, 1992 To CITY CLERK _ _ From PUBLIC WORKS--SUMI ❑ Information MESSAGE:— DENNIS PABOOJIAN -- LINDY LANE (CC 7/20/92) ❑ Implement 1. THREE SETS OF AGREEMENT FOR PROCESSING. ❑ Investigate ❑ Discuss 2 CERTIFICATE OF INSURANCE, 7/15192 (Insured. Debc,or Corp.) ❑ See me 3. BOND, BANK OF AMERICA TIME DEPOSIT RECEIPT ❑ Reply (ON FILE IN FINANCE) — _ sm _ attach. Reply: Dennis Pabooj ian _ 21989 Lindy Lane — CupertinV, SIGNED: DATE Forward part 7 Retain part 2 Foe BATE IMWDO" 7/15/92 PRODUCIER THIS CERTFICATE IS ISSUED AS A MATTER OF a V=MTION ONLY AND CONRM NO Dempsey Insurance Service, Inc. XMW OR ALTER THE E BY SHIXDER.THIS � BELO DOES W. P.O. AMEND, P.O. Box 6210 -- -- San Jose, California 95150 COMPANIES AFFONDING COVERAGE COMPANY A Monticello Insurance Company LETTER O'�P y COMPANY INSURED +—�~ LETTER Dehcor Corporation COMPANY LETTER A 21625 Stevens Creek Blvd -- Cupertino, California 95014 COMPANY D JUL f LETTER COMPANY LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDtCATF_D. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE--�-' POLICY NUMBER IC{EEFEC 'E pity Exf;Hy Ilpp� LIABILITY LIMITS IN THOUSANDS LTR DATE IMM1L'D0,'YY1 CAIE NWDOIM EACN- AGGREGATE GENERAL LIABILITY — - OCCURRENCE BODILY X COMPREHENSIVE FORM WJURY $ is PREMISESIOPERATIONS UNDERGROUND DAMAGETM A EXPLOSION&COLLAPSE HAZARD ML2 72 698 9/12/9.1 9/12/92 $ $_ PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL l BI&PD INDEPENDENT CONTRACTORS I COMBINED $ 1,000 $ 1,000, BROAD FORM PROPERTY DAMAGE PERSONAL INJURY ( PERSONAL INJURY $ AUTOMOBILE LIABILITY iN )HY ANY AUTO I !PER PER,Al $ ALL OWNED AUTOS(PRIV PASS) MY HA ALL OWNED AUTOS PRHJRPASSM1) I (PfR^WDENP, $ HIRED AUTOS I PROPERT-Y I NON-MVNEO AUTOS I DAMAGE $ GARAGE LIABILITY — + BI 6 PDy COMBINED $ EXCESS LIABILITY —�-�-- UMBRELLA FORM `COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY `Q. AND $ (EACH ACCIDENT) EMPLOYERS'LIABILITY I I $ (DISEASE POLICY LIMA) $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONSft.00ATIONSIVEHICLES1SPIECIAL ITEMS The certificateholder is named as: additional insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES QE CANCELLED BEFORE THE Mt- Cit of Cupertino PIRLATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Y P MAIL 10 DAYS WWr EN NOTICE TO THE O00I1IRCATE HDLOER NAWD TO THE Attn: Hermi Bachua/Planning Dept. LEFT,BUT FAILURE SUCH NOTICE SHAU 1 0 TIONORLIABtLnY OF ANY KRdD ATIVES. 10300 Torre Avenue AUTHORIZED A. am JUL. 16 '92 12:42 DEMPSEY INS SERVICE 408-9e5-0930 ; P.2/2 ' • INSURED: DEBCOR CO"ORALION AGENT: ' DRMPSEY INS. SERV., INC. POLICY NUMBER: ML272698 COMMERCIAL GENERAL LIASILI ' 7/16/92 • THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES or CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: ' COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE , i+ Name of Person or Organization(Add ltlonal.Insured): Locgtlon of I The` City and members of the City Council and_ the City Covered,Operations of Cupertino individually and collectively and the Officer, All Cali.foradia Agents and employees of the City individually and collectively Operat Premium Basle Rates Advance Premium I Bodily Injury and (Per Property Damage Liability Coat $1000 of coat) $ i To Be Determined To Be Determined To Be Determi ned Total AJvanee Premium* $ . i (If no entry appears above,information required to complete this endorsement will be shown in+the Declaration j as applicable to this endorsement.) 1.' WHO IS AN INSURED (Section 11) is amended to. (a) All work on the project (other than + include as an insured the person or organization service, maintenance, or.repairs) t (called"additional insured")shown in the Sched- be performed by orlon behalf of the . ule but only with respect to liability arising out of: additional insureds)at the site of the A. "Your work" for the additional insured(s) at covered operationsi has been com- the location designated above, or pleted; or B, Acts or omissions of the additional, nsure' d(s) (b) That portion of "your work" out of 4 in connection with their general supervision which the injury or damage arises has of "your work" at the location shown In the been put to its intended use by any Schedule. person or organization other than an- +i other contractor or subcontractor 2. With respect to the insurance afforded these addi•' engaged it performing operations for tional insureds.the following additional provisions a principal as a part of the same apply: project. I A. None of the exclusions under Covera a A. (3) "Bodily injury" or "property. damage" except exclusions (a). (d). (e), (f). (h21. (i), arising out of any act or omission of the i and(m), apply to this insurance. additional insureo(s) or any of their em- j Bt Additional Exclusions. This insurance does pioyees, other than the general supervi- not apply to: sion of work performed for the additional ! ;(1) "Bodily injury" or "property damage insured(s)by you. for which the additional insured(s) are (4) "Property damage" to: obligated to pay damages by reason of (a) Property owned,useil or occupied by i the assumption of liability in a contract or or rented to the additional insured(s); agreement.This exclusion does not apply (b) Property in the care,custody,or con- to liab�tity for damages that the additional 4rol of the eddltlonef insured(s) or : insured(s) would have in the absence-of over which the additional Insured(s) the Contract or agreement. are for any purpose exercising phys- . . (2) "Bodily injury" or "property damage" ical control; or occurring after: ' (c) "Your work" for the additional In- sured(s). .CG 2669 1185 Copyright. Insurance Services Office. Inc., 1984 '